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Table of Contents
Part 1903 – Inspections, Citations, and Proposed Penalties
§1903.1 Purpose and scope...............................................1
§1903.2 Posting of notice; availability of the Act, regulations and applicable standards.............1
§1903.3 Authority for inspection..........................................1
§1903.4 Objection to inspection..........................................1
§1903.5 Entry not a waiver..................................................2
§1903.6 Advance notice of inspections...............................2
§1903.7 Conduct of inspections..........................................2
§1903.8 Representatives of employers and employees.....2
§1910.107 Spray finishing using flammable and combustible materials...................................34
§1910.110 Storage and handling of liquefied petroleum gases....38
§1910.119 Process safety management of highly hazardous chemicals....................................39
§1910.120 Hazardous waste operations and emergency response.......................................................42
§1910.123 Dipping and coating operations: Coverage and definitions..............................................44
§1910.124 General requirements for dipping and coating operations........................................44
§1910.125 Additional requirements for dipping and coating operations that use flammable liquids or liquids with flashpoints greater than 199.4 °F (93 °C).....44
§1910.126 Additional requirements for special dipping and coating operations.................................45
Subpart I – Personal Protective Equipment
§1910.132 General requirements.........................................45
§1910.133 Eye and face protection......................................45
§1910.1201 Retention of DOT markings, placards and labels......114
§1910.1450 Occupational exposure to hazardous chemicals in laboratories............................114
Part 1926 – Construction
§1926.451 General requirements..................................................117 Addendum ..........................................................................119
Part 1903 – Inspections, Citations, and Proposed Penalties
§1903.1 Purpose and scope
The Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.) requires, in part, that every employer covered under the Act furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. The Act also requires that employers comply with occupational safety and health standards promulgated under the Act, and that employees comply with standards, rules, regulations and orders issued under the Act which are applicable to their own actions and conduct. The Act authorizes the Department of Labor to conduct inspections, and to issue citations and proposed penalties for alleged violations. The Act, under section 20(b), also authorizes the Secretary of Health, Education, and Welfare to conduct inspections and to question employers and employees in connection with research and other related activities. The Act contains provisions for adjudication of violations, periods prescribed for the abatement of violations, and proposed penalties by the Occupational Safety and Health Review Commission, if contested by an employer or by an employee or authorized representative of employees, and for judicial review. The purpose of this part 1903 is to prescribe rules and to set forth general policies for enforcement of the inspection, citation, and proposed penalty provisions of the Act. In situations where this part 1903 sets forth general enforcement policies rather than substantive or procedural rules, such policies may be modified in specific circumstances where the Secretary or his designee determines that an alternative course of action would better serve the objectives of the Act.
§1903.2 Posting of notice; availability of the Act, regulations and applicable standards
(a) 1903.2(a)
(1) Each employer shall post and keep posted a notice or notices, to be furnished by the Occupational Safety and Health Administration, U.S. Department of Labor, informing employees of the protections and obligations provided for in the Act, and that for assistance and information, including copies of the Act and of specific safety and health standards, employees should contact the employer or the nearest office of the Department of Labor. Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material. 1903.2(a)(1)
(2) Where a State has an approved poster informing employees of their protections and obligations as defined in §1902.9 of this chapter, such poster, when posted by employers covered by the State plan, shall constitute compliance with the posting requirements of section 8(c)(1) of the Act. Employers whose operations are not within the issues covered by the State plan must comply with paragraph (a)(1) of this section. 1903.2(a)(2)
(3) Reproductions or facsimiles of such Federal or State posters shall constitute compliance with the posting requirements of section 8(c)(1) of the Act where such reproductions or facsimiles are at least 81⁄2 inches by 14 inches, and the printing size is at least 10 pt. Whenever the size of the poster increases, the size of the print shall also increase accordingly. The caption or heading on the poster shall be in large type, generally not less than 36 pt. 1903.2(a)(3)
(b) Establishment means a single physical location where business is conducted or where services or industrial operations are performed. (For example: A factory, mill, store, hotel, restaurant, movie theatre, farm, ranch, bank, sales office, warehouse, or central administrative office.) Where distinctly separate activities are performed at a single physical location (such as contract construction activities from the same physical location as a lumber yard), each activity shall be treated as a separate physical establishment, and a separate notice or notices shall be posted in each such establishment, to the extent that such notices have been furnished by the Occupational Safety and Health Administration, U.S. Department of Labor. Where employers are engaged in activities which are physically dispersed, such as agriculture, construction, transportation, communications, and electric, gas and sanitary services, the notice or notices required by this section shall be posted at the location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such as longshoremen, traveling salesmen, technicians, engineers, etc., such notice or notices shall be posted at the location
from which the employees operate to carry out their activities. In all cases, such notice or notices shall be posted in accordance with the requirements of paragraph (a) of this section.
(c) Copies of the Act, all regulations published in this chapter and all applicable standards will be available at all Area Offices of the Occupational Safety and Health Administration, U.S. Department of Labor. If an employer has obtained copies of these materials, he shall make them available upon request to any employee or his authorized representative for review in the establishment where the employee is employed on the same day the request is made or at the earliest time mutually convenient to the employee or his authorized representative and the employer. 1903.2(c)
(d) Any employer failing to comply with the provisions of this section shall be subject to citation and penalty in accordance with the provisions of §1903.15(d). 1903.2(d)
§1903.3 Authority for inspection
(a) Compliance Safety and Health Officers of the Department of Labor are authorized to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein; to question privately any employer, owner, operator, agent or employee; and to review records required by the Act and regulations published in this chapter, and other records which are directly related to the purpose of the inspection. Representatives of the Secretary of Health, Education, and Welfare are authorized to make inspections and to question employers and employees in order to carry out the functions of the Secretary of Health, Education, and Welfare under the Act. Inspections conducted by Department of Labor Compliance Safety and Health Officers and representatives of the Secretary of Health, Education, and Welfare under section 8 of the Act and pursuant to this part 1903 shall not affect the authority of any State to conduct inspections in accordance with agreements and plans under section 18 of the Act. 1903.3(a)
(b) Prior to inspecting areas containing information which is classified by an agency of the United States Government in the interest of national security, Compliance Safety and Health Officers shall have obtained the appropriate security clearance. 1903.3(b)
§1903.4 Objection to inspection
(a) Upon a refusal to permit the Compliance Safety and Health Officer, in exercise of his official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, to review records, or to question any employer, owner, operator, agent, or employee, in accordance with §1903.3 or to permit a representative of employees to accompany the Compliance Safety and Health Officer during the physical inspection of any workplace in accordance with §1903.8, the Safety and Health Officer shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records, or interviews concerning which no objection is raised. The Compliance Safety and Health Officer shall endeavor to ascertain the reason for such refusal, and shall immediately report the refusal and the reason therefor to the Area Director. The Area Director shall consult with the Regional Solicitor, who shall take appropriate action, including compulsory process, if necessary. 1903.4(a)
(b) Compulsory process shall be sought in advance of an attempted inspection or investigation if, in the judgment of the Area Director and the Regional Solicitor, circumstances exist which make such preinspection process desirable or necessary. Some examples of circumstances in which it may be desirable or necessary to seek compulsory process in advance of an attempt to inspect or investigate include (but are not limited to): 1903.4(b)
(1) When the employer's past practice either implicitly or explicitly puts the Secretary on notice that a warrantless inspection will not be allowed; 1903.4(b)(1)
(2) When an inspection is scheduled far from the local office and procuring a warrant prior to leaving to conduct the inspection would avoid, in case of refusal of entry, the expenditure of significant time and resources to return to the office, obtain a warrant and return to the worksite; 1903.4(b)(2)
(3) When an inspection includes the use of special equipment or when the presence of an expert or experts is needed in order to properly conduct the inspection, and procuring a warrant prior to an attempt to inspect would alleviate the difficulties or costs encountered in coordinating the availability of such equipment or expert. 1903.4(b)(3)
(c) With the approval of the Regional Administrator and the Regional Solicitor, compulsory process may also be obtained by the Area Director or his designee. 1903.4(c)
(d) For purposes of this section, the term compulsory process shall mean the institution of any appropriate action, including ex parte application for an inspection warrant or its equivalent. Ex parte inspection warrants shall be the preferred form of compulsory process in all circumstances where compulsory process is relied upon to seek entry to a workplace under this section. 1903.4(d)
§1903.5 Entry not a waiver
Any permission to enter, inspect, review records, or question any person, shall not imply or be conditioned upon a waiver of any cause of action, citation, or penalty under the Act. Compliance Safety and Health Officers are not authorized to grant any such waiver.
§1903.6
Advance notice of inspections
(a) Advance notice of inspections may not be given, except in the following situations: 1903.6(a)
(1) In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible; 1903.6(a)(1)
(2) In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection; 1903.6(a)(2)
(3) Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and 1903.6(a)(3)
(4) In other circumstances where the Area Director determines that the giving of advance notice would enhance the probability of an effective and thorough inspection. 1903.6(a)(4)
(b) In the situations described in paragraph (a) of this section, advance notice of inspections may be given only if authorized by the Area Director, except that in cases of apparent imminent danger, advance notice may be given by the Compliance Safety and Health Officer without such authorization if the Area Director is not immediately available. When advance notice is given, it shall be the employer's responsibility promptly to notify the authorized representative of employees of the inspection, if the identity of such representative is known to the employer. (See §1903.8(b) as to situations where there is no authorized representative of employees.) Upon the request of the employer, the Compliance Safety and Health Officer will inform the authorized representative of employees of the inspection, provided that the employer furnishes the Compliance Safety and Health Officer with the identity of such representative and with such other information as is necessary to enable him promptly to inform such representative of the inspection. An employer who fails to comply with his obligation under this paragraph promptly to inform the authorized representative of employees of the inspection or to furnish such information as is necessary to enable the Compliance Safety and Health Officer promptly to inform such representative of the inspection, may be subject to citation and penalty in accordance with §1903.15(d)(4). Advance notice in any of the situations described in paragraph (a) of this section shall not be given more than 24 hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances. 1903.6(b)
(c) The Act provides in section 17(f) that any person who gives advance notice of any inspection to be conducted under the Act, without authority from the Secretary or his designees, shall, upon conviction, be punished by fine of not more than $1,000 or by imprisonment for not more than 6 months, or by both. 1903.6(c)
§1903.7
Conduct of inspections
(a) Subject to the provisions of §1903.3, inspections shall take place at such times and in such places of employment as the Area Director or the Compliance Safety and Health Officer may direct. At the beginning of an inspection, Compliance Safety and Health Officers shall present their credentials to the owner, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records specified in §1903.3 which they wish to review. However, such designation of records shall not preclude access to additional records specified in §1903.3. 1903.7(a)
(b) Compliance Safety and Health Officers shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment. (See §1903.9 on trade secrets.) As used herein, the term employ other reasonable investigative techniques includes, but is not limited to, the use of devices to measure employee exposures and the attachment of per-
sonal sampling equipment such as dosimeters, pumps, badges and other similar devices to employees in order to monitor their exposures. 1903.7(b)
(c) In taking photographs and samples, Compliance Safety and Health Officers shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment would not be hazardous. Compliance Safety and Health Officers shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment. 1903.7(c)
(d) The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment. 1903.7(d)
(e) At the conclusion of an inspection, the Compliance Safety and Health Officer shall confer with the employer or his representative and informally advise him of any apparent safety or health violations disclosed by the inspection. During such conference, the employer shall be afforded an opportunity to bring to the attention of the Compliance Safety and Health Officer any pertinent information regarding conditions in the workplace. 1903.7(e)
(f) Inspections shall be conducted in accordance with the requirements of this part. 1903.7(f)
§1903.8 Representatives of employers and employees
(a) Compliance Safety and Health Officers shall be in charge of inspections and questioning of persons. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Compliance Safety and Health Officer during the physical inspection of any workplace for the purpose of aiding such inspection. A Compliance Safety and Health Officer may permit additional employer representatives and additional representatives authorized by employees to accompany him where he determines that such additional representatives will further aid the inspection. A different employer and employee representative may accompany the Compliance Safety and Health Officer during each different phase of an inspection if this will not interfere with the conduct of the inspection. 1903.8(a)
(b) Compliance Safety and Health Officers shall have authority to resolve all disputes as to who is the representative authorized by the employer and employees for the purpose of this section. If there is no authorized representative of employees, or if the Compliance Safety and Health Officer is unable to determine with reasonable certainty who is such representative, he shall consult with a reasonable number of employees concerning matters of safety and health in the workplace. 1903.8(b)
(c) The representative(s) authorized by employees shall be an employee(s) of the employer. However, if in the judgment of the Compliance Safety and Health Officer, good cause has been shown why accompaniment by a third party who is not an employee of the employer (such as an industrial hygienist or a safety engineer) is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace, such third party may accompany the Compliance Safety and Health Officer during the inspection. 1903.8(c)
(d) Compliance Safety and Health Officers are authorized to deny the right of accompaniment under this section to any person whose conduct interferes with a fair and orderly inspection. The right of accompaniment in areas containing trade secrets shall be subject to the provisions of §1903.9(d). With regard to information classified by an agency of the U.S. Government in the interest of national security, only persons authorized to have access to such information may accompany a Compliance Safety and Health Officer in areas containing such information. 1903.8(d)
§1903.9 Trade secrets
(a) Section 15 of the Act provides: "All information reported to or otherwise obtained by the Secretary or his representative in connection with any inspection or proceeding under this Act which contains or which might reveal a trade secret referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. In any such proceeding the Secretary, the Commission, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets." Section 15 of the Act is considered a statute within the meaning of section 552(b)(3) of title 5 of the United States Code, which exempts from the disclosure requirements matters that are "specifically exempted from disclosure by statute." 1903.9(a)
(b) Section 1905 of title 18 of the United States Code provides: "Whoever, being an officer or employee of the United States or of any department or agency thereof, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined not more than $1,000, or imprisoned not more than 1 year, or both; and shall be removed from office or employment." 1903.9(b)
(c) At the commencement of an inspection, the employer may identify areas in the establishment which contain or which might reveal a trade secret. If the Compliance Safety and Health Officer has no clear reason to question such identification, information obtained in such areas, including all negatives and prints of photographs, and environmental samples, shall be labeled "confidential — trade secret" and shall not be disclosed except in accordance with the provisions of section 15 of the Act. 1903.9(c)
(d) Upon the request of an employer, any authorized representative of employees under §1903.8 in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no such representative or employee, the Compliance Safety and Health Officer shall consult with a reasonable number of employees who work in that area concerning matters of safety and health. 1903.9(d)
§1903.10 Consultation with employees
Compliance Safety and Health Officers may consult with employees concerning matters of occupational safety and health to the extent they deem necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to bring any violation of the Act which he has reason to believe exists in the workplace to the attention of the Compliance Safety and Health Officer.
§1903.11 Complaints by employees
(a) Any employee or representative of employees who believe that a violation of the Act exists in any workplace where such employee is employed may request an inspection of such workplace by giving notice of the alleged violation to the Area Director or to a Compliance Safety and Health Officer. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy shall be provided the employer or his agent by the Area Director or Compliance Safety and Health Officer no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available by the Department of Labor. 1903.11(a)
(b) If upon receipt of such notification the Area Director determines that the complaint meets the requirements set forth in paragraph (a) of this section, and that there are reasonable grounds to believe that the alleged violation exists, he shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists. Inspections under this section shall not be limited to matters referred to in the complaint. 1903.11(b)
(c) Prior to or during any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the Compliance Safety and Health Officer, in writing, of any violation of the Act which they have reason to believe exists in such workplace. Any such notice shall comply with the requirements of paragraph (a) of this section. 1903.11(c)
(d) Section 11(c)(1) of the Act provides: "No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act." 1903.11(d)
(Approved by the Office of Management and Budget under control number 1218-0064)
§1903.12 Inspection not warranted; informal review
(a) If the Area Director determines that an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint under §1903.11, he shall notify the complaining party in writing of such determination. The complaining party may obtain review of such determination by submitting a written statement of position with the Assistant Regional Director and, at the same time, providing the employer with a copy of such statement by certified mail. The employer may submit an opposing written statement of position with the Assistant Regional Director and, at the same time, provide the complaining party with a copy of such statement by certified mail. Upon the request of the complaining party or the employer, the Assistant Regional Director, at his discretion, may hold an informal conference in which the complaining party and the employer may orally present their views. After considering all written and oral views presented, the Assistant Regional Director shall affirm, modify, or reverse the determination of the Area Director and furnish the complaining party and the employer and written notification of this decision and the reasons therefor. The decision of the Assistant Regional Director shall be final and not subject to further review. 1903.12(a)
(b) If the Area Director determines that an inspection is not warranted because the requirements of §1903.11(a) have not been met, he shall notify the complaining party in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of §1903.11(a). 1903.12(b)
§1903.13 Imminent danger
Whenever and as soon as a Compliance Safety and Health Officer concludes on the basis of an inspection that conditions or practices exist in any place of employment which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the Act, he shall inform the affected employees and employers of the danger and that he is recommending a civil action to restrain such conditions or practices and for other appropriate relief in accordance with the provisions of section 13(a) of the Act. Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger even though, after being informed of such danger by the Compliance Safety and Health Officer, the employer immediately eliminates the imminence of the danger and initiates steps to abate such danger.
§1903.14 Citations; notices of de minimis violations; policy regarding employee rescue activities
(a) The Area Director shall review the inspection report of the Compliance Safety and Health Officer. If, on the basis of the report the Area Director believes that the employer has violated a requirement of section 5 of the Act, of any standard, rule or order promulgated pursuant to section 6 of the Act, or of any substantive rule published in this chapter, he shall, if appropriate, consult with the Regional Solicitor, and he shall issue to the employer either a citation or a notice of de minimis violations which have no direct or immediate relationship to safety or health. An appropriate citation or notice of de minimis violations shall be issued even though after being informed of an alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Any citation or notice of de minimis violations shall be issued with reasonable promptness after termination of the inspection. No citation may be issued under this section after the expiration of 6 months following the occurrence of any alleged violation. 1903.14(a)
(b) Any citation shall describe with particularity the nature of the alleged violation, including a reference to the provision(s) of the Act, standard, rule, regulation, or order alleged to have been violated. Any citation shall also fix a reasonable time or times for the abatement of the alleged violation. 1903.14(b)
(c) If a citation or notice of de minimis violations is issued for a violation alleged in a request for inspection under §1903.11(a) or a notification of violation under §1903.11(c), a copy of the citation or notice of de minimis violations shall also be sent to the employee or representative of employees who made such request or notification. 1903.14(c)
(d) After an inspection, if the Area Director determines that a citation is not warranted with respect to a danger or violation alleged to exist in a request for inspection under §1903.11(a) or a notification of violation under §1903.11(c), the informal review procedures prescribed in §1903.12(a) shall be applicable. After considering all views presented, the Assistant Regional Director shall affirm the determination of the Area Director, order a reinspection, or issue a citation if he believes that the inspection disclosed a violation. The Assistant
Succinct Construction Regulations and Standards
Regional Director shall furnish the complaining party and the employer with written notification of his determination and the reasons therefor. The determination of the Assistant Regional Director shall be final and not subject to review. 1903.14(d)
(e) Every citation shall state that the issuance of a citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the citation is affirmed by the Review Commission. 1903.14(e)
(f)
No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger unless: 1903.14(f)
(1) (i) Such employee is designated or assigned by the employer to have responsibility to perform or assist in rescue operations, and 1903.14(f)(1)(i)
(ii) The employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or 1903.14(f)(1)(ii)
(2) (i) Such employee is directed by the employer to perform rescue activities in the course of carrying out the employee's job duties, and 1903.14(f)(2)(i)
(ii) The employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or 1903.14(f)(2)(ii)
(3) (i) Such employee is employed in a workplace that requires the employee to carry out duties that are directly related to a workplace operation where the likelihood of life-threatening accidents is foreseeable, such as a workplace operation where employees are located in confined spaces or trenches, handle hazardous waste, respond to emergency situations, perform excavations, or perform construction over water; and 1903.14(f)(3)(i)
(ii) Such employee has not been designated or assigned to perform or assist in rescue operations and voluntarily elects to rescue such an individual; and 1903.14(f)(3)(ii)
(iii) The employer has failed to instruct employees not designated or assigned to perform or assist in rescue operations of the arrangements for rescue, not to attempt rescue, and of the hazards of attempting rescue without adequate training or equipment. 1903.14(f)(3)(iii)
(4) For purposes of this policy, the term "imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated. 1903.14(f)(4)
§1903.14a Petitions for modification of abatement date
(a) An employer may file a petition for modification of abatement date when he has made a good faith effort to comply with the abatement requirements of a citation, but such abatement has not been completed because of factors beyond his reasonable control. 1903.14a(a)
(b) A petition for modification of abatement date shall be in writing and shall include the following information: 1903.14a(b)
(1) All steps taken by the employer, and the dates of such action, in an effort to achieve compliance during the prescribed abatement period. 1903.14a(b)(1)
(2) The specific additional abatement time necessary in order to achieve compliance. 1903.14a(b)(2)
(3) The reasons such additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date. 1903.14a(b)(3)
(4) All available interim steps being taken to safeguard the employees against the cited hazard during the abatement period. 1903.14a(b)(4)
(5) A certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of affected employees, in accordance with paragraph (c)(1) of this section and a certification of the date upon which such posting and service was made. 1903.14a(b)(5)
(c) A petition for modification of abatement date shall be filed with the Area Director of the United States Department of Labor who issued the citation no later than the close of the next working day following the date on which abatement was originally required. A laterfiled petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay. 1903.14a(c)
(1) A copy of such petition shall be posted in a conspicuous place where all affected employees will have notice thereof or near such location where the violation occurred. The petition shall
remain posted for a period of ten (10) working days. Where affected employees are represented by an authorized representative, said representative shall be served with a copy of such petition. 1903.14a(c)(1)
(2) Affected employees or their representatives may file an objection in writing to such petition with the aforesaid Area Director. Failure to file such objection within ten (10) working days of the date of posting of such petition or of service upon an authorized representative shall constitute a waiver of any further right to object to said petition. 1903.14a(c)(2)
(3) The Secretary or his duly authorized agent shall have the authority to approve any petition for modification of abatement date filed pursuant to paragraphs (b) and (c) of this section. Such uncontested petitions shall become final orders pursuant to sections 10 (a) and (c) of the Act. 1903.14a(c)(3)
(4) The Secretary or his authorized representative shall not exercise his approval power until the expiration of fifteen (15) working days from the date the petition was posted or served pursuant to paragraphs (c) (1) and (2) of this section by the employer. 1903.14a(c)(4)
(d) Where any petition is objected to by the Secretary or affected employees, the petition, citation, and any objections shall be forwarded to the Commission within three (3) working days after the expiration of the fifteen (15) day period set out in paragraph (c)(4) of this section. 1903.14a(d)
§1903.15 Proposed penalties
(a) After, or concurrent with, the issuance of a citation, and within a reasonable time after the termination of the inspection, the Area Director shall notify the employer by certified mail or by personal service by the Compliance Safety and Health Officer of the proposed penalty in accordance with paragraph (d) of this section, or that no penalty is being proposed. Any notice of proposed penalty shall state that the proposed penalty shall be deemed to be the final order of the Review Commission and not subject to review by any court or agency unless, within 15 working days from the date of receipt of such notice, the employer notifies the Area Director in writing that he intends to contest the citation or the notification of proposed penalty before the Review Commission. 1903.15(a)
Safety Stop: A reasonable time is defined as 6 months or less under 29 U.S.C. 658(c).
(b) The Area Director shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations, in accordance with the provisions of section 17 of the Act and paragraph (d) of this section. 1903.15(b)
(c) Appropriate penalties may be proposed with respect to an alleged violation even though after being informed of such alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Penalties shall not be proposed for de minimis violations which have no direct or immediate relationship to safety or health. 1903.15(c)
(d) Adjusted civil monetary penalties. The adjusted civil penalties for penalties proposed after January 15, 2024 are as follows: 1903.15(d)
(1) Willful violation. The penalty per willful violation under section 17(a) of the Act, 29 U.S.C. 666(a), shall not be less than $11,524 and shall not exceed $161,323. 1903.15(d)(1)
(2) Repeated violation. The penalty per repeated violation under section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $161,323. 1903.15(d)(2)
(3) Serious violation. The penalty for a serious violation under section 17(b) of the Act, 29 U.S.C. 666(b), shall not exceed $16,131. 1903.15(d)(3)
(4) Other-than-serious violation. The penalty for an other-thanserious violation under section 17(c) of the Act, 29 U.S.C. 666(c), shall not exceed $16,131. 1903.15(d)(4)
(5) Failure to correct violation. The penalty for a failure to correct a violation under section 17(d) of the Act, 29 U.S.C. 666(d), shall not exceed $16,131 per day. 1903.15(d)(5)
(6) Posting requirement violation. The penalty for a posting requirement violation under section 17(i) of the Act, 29 U.S.C. 666(i), shall not exceed $16,131. 1903.15(d)(6)
§1903.16 Posting of citations
(a) Upon receipt of any citation under the Act, the employer shall immediately post such citation, or a copy thereof, unedited, at or near each place an alleged violation referred to in the citation occurred, except as provided below. Where, because of the nature of the employer's operations, it is not practicable to post the citation at or near each place of alleged violation, such citation shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, where employers are engaged in activities which are physically dispersed (see §1903.2(b)), the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location (see §1903.2(b)), the citation may be posted at the location from which the employees operate to carry out their activities. The employer shall take steps to ensure that the citation is not altered, defaced, or covered by other material. Notices of de minimis violations need not be posted. 1903.16(a)
(b) Each citation, or a copy thereof, shall remain posted until the violation has been abated, or for 3 working days, whichever is later. The filing by the employer of a notice of intention to contest under §1903.17 shall not affect his posting responsibility under this section unless and until the Review Commission issues a final order vacating the citation. 1903.16(b)
(c) An employer to whom a citation has been issued may post a notice in the same location where such citation is posted indicating that the citation is being contested before the Review Commission, and such notice may explain the reasons for such contest. The employer may also indicate that specified steps have been taken to abate the violation. 1903.16(c)
(d) Any employer failing to comply with the provisions of paragraphs (a) and (b) of this section shall be subject to citation and penalty in accordance with §1903.15(d). 1903.16(d)
§1903.17 Employer and employee contests before the Review Commission
(a) Any employer to whom a citation or notice of proposed penalty has been issued may, under section 10(a) of the Act, notify the Area Director in writing that he intends to contest such citation or proposed penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty, or both. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission. 1903.17(a)
(b) Any employee or representative of employees of an employer to whom a citation has been issued may, under section 10(c) of the Act, file a written notice with the Area Director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable. Such notice shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty or notice that no penalty is being proposed. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission. 1903.17(b)
§1903.18 Failure to correct a violation for which a citation has been issued
(a) If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for its correction, the Area Director shall, if appropriate, consult with the Regional Solicitor, and he shall notify the employer by certified mail or by personal service by the Compliance Safety and Health Officer of such failure and of the additional penalty proposed under §1903.15(d)(5) by reason of such failure. The period for the correction of a violation for which a citation has been issued shall not begin to run until the entry of a final order of the Review Commission in the case of any review proceedings initiated by the employer in good faith and not solely for delay or avoidance of penalties. 1903.18(a)
(b) Any employer receiving a notification of failure to correct a violation and of proposed additional penalty may, under section 10(b) of the Act, notify the Area Director in writing that he intends to contest such notification or proposed additional penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of the receipt by the employer of the notification of failure to correct a violation and of proposed additional penalty. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission. 1903.18(b)
(c) Each notification of failure to correct a violation and of proposed additional penalty shall state that it shall be deemed to be the final order of the Review Commission and not subject to review by
any court or agency unless, within 15 working days from the date of receipt of such notification, the employer notifies the Area Director in writing that he intends to contest the notification or the proposed additional penalty before the Review Commission. 1903.18(c)
§1903.19 Abatement verification
Purpose. OSHA's inspections are intended to result in the abatement of violations of the Occupational Safety and Health Act of 1970 (the OSH Act). This section sets forth the procedures OSHA will use to ensure abatement. These procedures are tailored to the nature of the violation and the employer's abatement actions.
(a) Scope and application. This section applies to employers who receive a citation for a violation of the Occupational Safety and Health Act. 1903.19(a)
(b) Definitions.
(1) Abatement means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by OSHA during an inspection.
(2) Abatement date means:
(i) For an uncontested citation item, the later of:
[A] The date in the citation for abatement of the violation;
[B] The date approved by OSHA or established in litigation as a result of a petition for modification of the abatement date (PMA); or
[C] The date established in a citation by an informal settlement agreement.
(ii) For a contested citation item for which the Occupational Safety and Health Review Commission (OSHRC) has issued a final order affirming the violation, the later of:
[A] The date identified in the final order for abatement; or
[B] The date computed by adding the period allowed in the citation for abatement to the final order date;
[C] The date established by a formal settlement agreement.
(3) Affected employees means those employees who are exposed to the hazard(s) identified as violation(s) in a citation.
(4) Final order date means:
(i) For an uncontested citation item, the fifteenth working day after the employer's receipt of the citation;
(ii) For a contested citation item:
[A] The thirtieth day after the date on which a decision or order of a commission administrative law judge has been docketed with the commission, unless a member of the commission has directed review; or
[B] Where review has been directed, the thirtieth day after the date on which the Commission issues its decision or order disposing of all or pertinent part of a case; or
[C] The date on which a federal appeals court issues a decision affirming the violation in a case in which a final order of OSHRC has been stayed.
(5) Movable equipment means a hand-held or non-hand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites.
(c) Abatement certification.1903.19(c)
(1) Within 10 calendar days after the abatement date, the employer must certify to OSHA (the Agency) that each cited violation has been abated, except as provided in paragraph (c)(2) of this section. 1903.19(c)(1)
(2) The employer is not required to certify abatement if the OSHA Compliance Officer, during the on-site portion of the inspection: 1903.19(c)(2)
(i) Observes, within 24 hours after a violation is identified, that abatement has occurred; and 1903.19(c)(2)(i)
(ii) Notes in the citation that abatement has occurred. 1903.19(c)(2)(ii)
(3) The employer's certification that abatement is complete must include, for each cited violation, in addition to the information required by paragraph (h) of this section, the date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement. 1903.19(c)(3)
Note to paragraph (c): Appendix A contains a sample Abatement Certification Letter.
(d) Abatement documentation.1903.19(d)
(1) The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is com-
plete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required. 1903.19(d)(1)
(2) Documents demonstrating that abatement is complete may include, but are not limited to, evidence of the purchase or repair of equipment, photographic or video evidence of abatement, or other written records. 1903.19(d)(2)
(e) Abatement plans.1903.19(e)
(1) The Agency may require an employer to submit an abatement plan for each cited violation (except an other-than- serious violation) when the time permitted for abatement is more than 90 calendar days. If an abatement plan is required, the citation must so indicate. 1903.19(e)(1)
(2) The employer must submit an abatement plan for each cited violation within 25 calendar days from the final order date when the citation indicates that such a plan is required. The abatement plan must identify the violation and the steps to be taken to achieve abatement, including a schedule for completing abatement and, where necessary, how employees will be protected from exposure to the violative condition in the interim until abatement is complete. 1903.19(e)(2)
Note to paragraph (e): Appendix B contains a Sample Abatement Plan form.
(f) Progress reports.1903.19(f)
(1) An employer who is required to submit an abatement plan may also be required to submit periodic progress reports for each cited violation. The citation must indicate: 1903.19(f)(1)
(i) That periodic progress reports are required and the citation items for which they are required; 1903.19(f)(1)(i)
(ii) The date on which an initial progress report must be submitted, which may be no sooner than 30 calendar days after submission of an abatement plan; 1903.19(f)(1)(ii)
(iii) Whether additional progress reports are required; and 1903.19(f)(1)(iii)
(iv) The date(s) on which additional progress reports must be submitted. 1903.19(f)(1)(iv)
(2) For each violation, the progress report must identify, in a single sentence if possible, the action taken to achieve abatement and the date the action was taken. 1903.19(f)(2)
Note to paragraph (f): Appendix B contains a Sample Progress Report form.
(g) Employee notification.1903.19(g)
(1) The employer must inform affected employees and their representative(s) about abatement activities covered by this section by posting a copy of each document submitted to the Agency or a summary of the document near the place where the violation occurred. 1903.19(g)(1)
(2) Where such posting does not effectively inform employees and their representatives about abatement activities (for example, for employers who have mobile work operations), the employer must: 1903.19(g)(2)
(i) Post each document or a summary of the document in a location where it will be readily observable by affected employees and their representatives; or 1903.19(g)(2)(i)
(ii) Take other steps to communicate fully to affected employees and their representatives about abatement activities. 1903.19(g)(2)(ii)
(3) The employer must inform employees and their representatives of their right to examine and copy all abatement documents submitted to the Agency. 1903.19(g)(3)
(i) An employee or an employee representative must submit a request to examine and copy abatement documents within 3 working days of receiving notice that the documents have been submitted. 1903.19(g)(3)(i)
(ii) The employer must comply with an employee's or employee representative's request to examine and copy abatement documents within 5 working days of receiving the request. 1903.19(g)(3)(ii)
(4) The employer must ensure that notice to employees and employee representatives is provided at the same time or before the information is provided to the Agency and that abatement documents are: 1903.19(g)(4)
(i) Not altered, defaced, or covered by other material; and 1903.19(g)(4)(i)
(ii) Remain posted for three working days after submission to the Agency. 1903.19(g)(4)(ii)
(h) Transmitting abatement documents.1903.19(h)
(1) The employer must include, in each submission required by this section, the following information: 1903.19(h)(1)
(i) The employer's name and address; 1903.19(h)(1)(i)
(ii) The inspection number to which the submission relates; 1903.19(h)(1)(ii)
(iii) The citation and item numbers to which the submission relates; 1903.19(h)(1)(iii)
(iv) A statement that the information submitted is accurate; and 1903.19(h)(1)(iv)
(v) The signature of the employer or the employer's authorized representative. 1903.19(h)(1)(v)
(2) The date of postmark is the date of submission for mailed documents. For documents transmitted by other means, the date the Agency receives the document is the date of submission.
1903.19(h)(2)
(i) Movable equipment.1903.19(i)
(1) For serious, repeat, and willful violations involving movable equipment, the employer must attach a warning tag or a copy of the citation to the operating controls or to the cited component of equipment that is moved within the worksite or between worksites. 1903.19(i)(1)
Note to paragraph (i)(1): Attaching a copy of the citation to the equipment is deemed by OSHA to meet the tagging requirement of paragraph (i)(1) of this section as well as the posting requirement of 29 CFR 1903.16.
(2) The employer must use a warning tag that properly warns employees about the nature of the violation involving the equipment and identifies the location of the citation issued. 1903.19(i)(2)
Note to paragraph (i)(2): Non-Mandatory Appendix C contains a sample tag that employers may use to meet this requirement.
(3) If the violation has not already been abated, a warning tag or copy of the citation must be attached to the equipment: 1903.19(i)(3)
(i) For hand-held equipment, immediately after the employer receives the citation; or 1903.19(i)(3)(i)
(ii) For non-hand-held equipment, prior to moving the equipment within or between worksites. 1903.19(i)(3)(ii)
(4) For the construction industry, a tag that is designed and used in accordance with 29 CFR 1926.20(b)(3) and 29 CFR 1926.200(h) is deemed by OSHA to meet the requirements of this section when the information required by paragraph (i)(2) is included on the tag. 1903.19(i)(4)
(5) The employer must assure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered by other material. 1903.19(i)(5)
(6) The employer must assure that the tag or copy of the citation attached to movable equipment remains attached until:
1903.19(i)(6)
(i) The violation has been abated and all abatement verification documents required by this regulation have been submitted to the Agency; 1903.19(i)(6)(i)
(ii) The cited equipment has been permanently removed from service or is no longer within the employer's control; or 1903.19(i)(6)(ii)
(iii) The Commission issues a final order vacating the citation. 1903.19(i)(6)(iii)
Appendices to §1903.19 Abatement Verification
Note: Appendices A through C provide information and nonmandatory guidelines to assist employers and employees in complying with the appropriate requirements of this section.
Appendix A Section 1903.19 — Sample AbatementCertification Letter (Non Mandatory)
Appendix B Section 1903.19 — Sample Abatement Plan or Progress Report (Non-Mandatory)
occupational safety and health standards in accordance with agreements and plans under section 18 of the Act and parts 1901 and 1902 of this chapter.
§1903.22
Definitions
(a) Act means the Williams-Steiger Occupational Safety and Health Act of 1970. (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.)
(b) The definitions and interpretations contained in section 3 of the Act shall be applicable to such terms when used in this part 1903.
(c) Working days means Mondays through Fridays but shall not include Saturdays, Sundays, or Federal holidays. In computing 15 working days, the day of receipt of any notice shall not be included, and the last day of the 15 working days shall be included.
(d) Compliance Safety and Health Officer means a person authorized by the Occupational Safety and Health Administration, U.S. Department of Labor, to conduct inspections.
Download a PDF version of this form at www.oshacfr.com.
Appendix C Section 1903.19 — Sample Warning Tag (Non-Mandatory)
(e) Area Director means the employee or officer regularly or temporarily in charge of an Area Office of the Occupational Safety and Health Administration, U.S. Department of Labor, or any other person or persons who are authorized to act for such employee or officer. The latter authorizations may include general delegations of the authority of an Area Director under this part to a Compliance Safety and Health Officer or delegations to such an officer for more limited purposes, such as the exercise of the Area Director's duties under §1903.14(a). The term also includes any employee or officer exercising supervisory responsibilities over an Area Director. A supervisory employee or officer is considered to exercise concurrent authority with the Area Director.
(f) Assistant Regional Director means the employee or officer regularly or temporarily in charge of a Region of the Occupational Safety and Health Administration, U.S. Department of Labor, or any other person or persons who are specifically designated to act for such employee or officer in his absence. The term also includes any employee or officer in the Occupational Safety and Health Administration exercising supervisory responsibilities over the Assistant Regional Director. Such supervisory employee or officer is considered to exercise concurrent authority with the Assistant Regional Director. No delegation of authority under this paragraph shall adversely affect the procedures for independent informal review of investigative determinations prescribed under §1903.12 of this part.
(g) Inspection means any inspection of an employer's factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer, and includes any inspection conducted pursuant to a complaint filed under §1903.11 (a) and (c), any reinspection, followup inspection, accident investigation or other inspection conducted under section 8(a) of the Act.
Part 1904 – Recording and Reporting Occupational Injuries and Illnesses
Subpart A – Purpose
§1904.0 Purpose
§1903.20 Informal conferences
At the request of an affected employer, employee, or representative of employees, the Assistant Regional Director may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. The settlement of any issue at such conference shall be subject to the rules of procedure prescribed by the Review Commission. If the conference is requested by the employer, an affected employee or his representative shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director. If the conference is requested by an employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director. Any party may be represented by counsel at such conference. No such conference or request for such conference shall operate as a stay of any 15-working-day period for filing a notice of intention to contest as prescribed in §1903.17.
§1903.21 State administration
Nothing in this part 1903 shall preempt the authority of any State to conduct inspections, to initiate enforcement proceedings or otherwise to implement the applicable provisions of State law with respect to State
The purpose of this rule (part 1904) is to require employers to record and report work-related fatalities, injuries, and illnesses.
Note to §1904.0: Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for workers' compensation or other benefits.
Subpart B – Scope
Note to Subpart B: All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by these Part 1904 regulations. However, most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records.
§1904.1 Partial exemption for employers with 10 or fewer employees
(a) Basic requirement.1904.1(a)
(1) If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs you in writing that you must keep records under
Succinct Construction Regulations and Standards
§1904.41 or §1904.42. However, as required by §1904.39, all employers covered by the OSH Act must report to OSHA any work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye. 1904.1(a)(1)
(2) If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under §1904.2. 1904.1(a)(2)
(b) Implementation1904.1(b)
(1) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company. 1904.1(b)(1)
(2) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption for size. 1904.1(b)(2)
§1904.2 Partial exemption for establishments in certain industries
(a) Basic requirement.1904.2(a)
(1) If your business establishment is classified in a specific industry group listed in appendix A to this subpart, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under §1904.41 or §1904.42. However, all employers must report to OSHA any workplace incident that results in an employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see §1904.39). 1904.2(a)(1)
(2) If one or more of your company's establishments are classified in a non-exempt industry, you must keep OSHA injury and illness records for all of such establishments unless your company is partially exempted because of size under §1904.1. 1904.2(a)(2)
(b) Implementation1904.2(b)
(1) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records, while others may be partially exempt. 1904.2(b)(1)
(2) How do I determine the correct NAICS code for my company or for individual establishments? You can determine your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in determining your NAICS code: 1904.2(b)(2)
(i) You can use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/ naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices. 1904.2(b)(2)(i)
(ii) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/ naics/. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available. 1904.2(b)(2)(ii)
(iii) If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the "Concordances" link at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. 1904.2(b)(2)(iii)
§1904.3 Keeping records for more than one agency
If you create records to comply with another government agency's injury and illness recordkeeping requirements, OSHA will consider those records as meeting OSHA's part 1904 recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as this part 1904 requires you to record. You may contact your nearest OSHA office or State agency for help in determining whether your records meet OSHA's requirements.
Appendix A to Subpart B of Part 1904 — Partially Exempt Industries (Non-Mandatory)
Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see §1904.39).
NAICS
Code Industry
4412Other Motor Vehicle Dealers.
4431 Electronics and Appliance Stores.
4461Health and Personal Care Stores.
4471 Gasoline Stations.
4481Clothing Stores.
4482 Shoe Stores.
4483Jewelry, Luggage, and Leather Goods Stores.
4511 Sporting Goods, Hobby, and Musical Instrument Stores.
4512Book, Periodical, and Music Stores.
4531 Florists.
4532Office Supplies, Stationery, and Gift Stores.
4812 Nonscheduled Air Transportation.
4861Pipeline Transportation of Crude Oil.
4862 Pipeline Transportation of Natural Gas.
4869Other Pipeline Transportation.
4879 Scenic and Sightseeing Transportation, Other.
4885Freight Transportation Arrangement.
5111 Newspaper, Periodical, Book, and Directory Publishers.
5181 Internet Service Providers and Web Search Portals.
5182Data Processing, Hosting, and Related Services.
5191 Other Information Services.
5211Monetary Authorities — Central Bank.
5221 Depository Credit Intermediation.
5222Nondepository Credit Intermediation.
5223 Activities Related to Credit Intermediation.
5231 Securities and Commodity Contracts Intermediation and Brokerage.
5232 Securities and Commodity Exchanges.
5239Other Financial Investment Activities.
5241 Insurance Carriers.
5242 Agencies, Brokerages, and Other Insurance Related Activities.
5251 Insurance and Employee Benefit Funds.
5259Other Investment Pools and Funds.
5312 Offices of Real Estate Agents and Brokers.
5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works).
5411 Legal Services.
5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
5413 Architectural, Engineering, and Related Services.
5414Specialized Design Services.
5415 Computer Systems Design and Related Services.
5416 Management, Scientific, and Technical Consulting Services.
5417 Scientific Research and Development Services.
5418Advertising and Related Services.
5511 Management of Companies and Enterprises.
5611Office Administrative Services.
5614 Business Support Services.
5615Travel Arrangement and Reservation Services.
5616 Investigation and Security Services.
6111Elementary and Secondary Schools.
6112 Junior Colleges.
6113Colleges, Universities, and Professional Schools.
6114 Business Schools and Computer and Management Training.
6115Technical and Trade Schools.
6116 Other Schools and Instruction.
6117Educational Support Services.
6211 Offices of Physicians.
6212Offices of Dentists.
6213 Offices of Other Health Practitioners.
6214Outpatient Care Centers.
6215 Medical and Diagnostic Laboratories.
6244Child Day Care Services.
7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures.
7115Independent Artists, Writers, and Performers.
7213 Rooming and Boarding Houses.
7221Full-Service Restaurants.
7222 Limited-Service Eating Places.
7224Drinking Places (Alcoholic Beverages).
8112 Electronic and Precision Equipment Repair and Maintenance.
8114 Personal and Household Goods Repair and Maintenance.
8121 Personal Care Services.
8122Death Care Services.
8131 Religious Organizations.
8132Grantmaking and Giving Services.
8133 Social Advocacy Organizations.
8134Civic and Social Organizations.
Business, Professional, Labor, Political, and Similar Organizations.
Subpart C – Recordkeeping Forms and Recording Criteria
Note to Subpart C: This Subpart describes the work-related injuries and illnesses that an employer must enter into the OSHA records and explains the OSHA forms that employers must use to record work-related fatalities, injuries, and illnesses.
§1904.4 Recording criteria
(a) Basic requirement. Each employer required by this part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that: 1904.4(a)
(1) Is work-related; and 1904.4(a)(1)
(2) Is a new case; and 1904.4(a)(2)
(3) Meets one or more of the general recording criteria of §1904.7 or the application to specific cases of §§1904.8 through 1904.12. 1904.4(a)(3)
(b) Implementation — 1904.4(b)
(1) What sections of this rule describe recording criteria for recording work-related injuries and illnesses? The table below indicates which sections of the rule address each topic. 1904.4(b)(1)
(i) Determination of work-relatedness. See §1904.5. 1904.4(b)(1)(i)
(ii) Determination of a new case. See §1904.6. 1904.4(b)(1)(ii)
(iii) General recording criteria. See §1904.7. 1904.4(b)(1)(iii)
(iv) Additional criteria. (Needlestick and sharps injury cases, tuberculosis cases, hearing loss cases, medical removal cases, and musculoskeletal disorder cases). See §§1904.8 through 1904.12. 1904.4(b)(1)(iv)
(2) How do I decide whether a particular injury or illness is recordable? The decision tree for recording work-related injuries and illnesses below shows the steps involved in making this determination. 1904.4(b)(2)
(a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §1904.5(b)(2) specifically applies. 1904.5(a)
(b) Implementation.1904.5(b)
(1) What is the "work environment"? OSHA defines the work environment as "the establishment and other locations where one or more employees are working or are present as a condi-
NAICS Code Industry
8139
NAICS Code Industry
§1904.5 Succinct Construction Regulations and Standards
tion of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work."
1904.5(b)(1)
(2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable. 1904.5(b)(2)
1904.5(b)(2) You are not required to record injuries and illnesses if . . .
(i)
(ii)
(iii)
At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.
The injury or illness involves signs or symptoms that surface at work but result solely from a non-workrelated event or exposure that occurs outside the work environment.
The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball.
(iv)
(v)
(vi)
(vii)
(viii)
The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related.
Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered workrelated.
The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.
The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted.
The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.
The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work).
(4) How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following: 1904.5(b)(4)
(i) Death, provided that the preexisting injury or illness would likely not have resulted in death but for the occupational event or exposure. 1904.5(b)(4)(i)
(ii) Loss of consciousness, provided that the preexisting injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure.
1904.5(b)(4)(ii)
(iii) One or more days away from work, or days of restricted work, or days of job transfer that otherwise would not have occurred but for the occupational event or exposure.
1904.5(b)(4)(iii)
(iv) Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.
1904.5(b)(4)(iv)
(5) Which injuries and illnesses are considered pre-existing conditions? An injury or illness is a preexisting condition if it resulted solely from a non-work-related event or exposure that occured outside the work environment. 1904.5(b)(5)
(6) How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer." Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer).
1904.5(b)(6)
Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the exceptions listed below.
(i) checked into a hotel or motel for one or more days
(ix)
The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related.
(3) How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work? In these situations, you must evaluate the employee's work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing condition. 1904.5(b)(3)
(ii) taken a detour for personal reasons
When a traveling employee checks into a hotel, motel, or into an other temporary residence, he or she establishes a "home away from home." You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their workrelatedness in the same manner as you evaluate the activities of a non- traveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she re-enters the work environment. If the employee has established a "home away from home" and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location.
Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons).
(7) How do I decide if a case is work-related when the employee is working at home? Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the perfor-
1904.5(b)(6)
mance of work rather than to the general home environment or setting. For example, if an employee drops a box of work documents and injures his or her foot, the case is considered workrelated. If an employee's fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and requires medical treatment, the injury is considered work-related. If an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the case is not considered work-related. If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related. 1904.5(b)(7)
§1904.6
Determination of new cases
(a) Basic requirement. You must consider an injury or illness to be a "new case" if: 1904.6(a)
(1) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or 1904.6(a)(1)
(2) The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear. 1904.6(a)(2)
(b) Implementation — 1904.6(b)
(1) When an employee experiences the signs or symptoms of a chronic work-related illness, do I need to consider each recurrence of signs or symptoms to be a new case? No, for occupational illnesses where the signs or symptoms may recur or continue in the absence of an exposure in the workplace, the case must only be recorded once. Examples may include occupational cancer, asbestosis, byssinosis and silicosis. 1904.6(b)(1)
(2) When an employee experiences the signs or symptoms of an injury or illness as a result of an event or exposure in the workplace, such as an episode of occupational asthma, must I treat the episode as a new case? Yes, because the episode or recurrence was caused by an event or exposure in the workplace, the incident must be treated as a new case. 1904.6(b)(2)
(3) May I rely on a physician or other licensed health care professional to determine whether a case is a new case or a recurrence of an old case? You are not required to seek the advice of a physician or other licensed health care professional. However, if you do seek such advice, you must follow the physician or other licensed health care professional's recommendation about whether the case is a new case or a recurrence. If you receive recommendations from two or more physicians or other licensed health care professionals, you must make a decision as to which recommendation is the most authoritative (best documented, best reasoned, or most authoritative), and record the case based upon that recommendation. 1904.6(b)(3)
§1904.7 General recording criteria
(a) Basic requirement. You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. 1904.7(a)
(b) Implementation1904.7(b)
(1) How do I decide if a case meets one or more of the general recording criteria? A work-related injury or illness must be recorded if it results in one or more of the following: 1904.7(b)(1)
(i) Death. See §1904.7(b)(2). 1904.7(b)(1)(i)
(ii) Days away from work. See §1904.7(b)(3). 1904.7(b)(1)(ii)
(iii) Restricted work or transfer to another job. See §1904.7(b)(4). 1904.7(b)(1)(iii)
(iv) Medical treatment beyond first aid. See §1904.7(b)(5). 1904.7(b)(1)(iv)
(v) Loss of consciousness. See §1904.7(b)(6). 1904.7(b)(1)(v)
(vi) A significant injury or illness diagnosed by a physician or other licensed health care professional. See §1904.7(b)(7). 1904.7(b)(1)(vi)
(2) How do I record a work-related injury or illness that results in the employee's death? You must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death. You must also report any work-related fatality to OSHA within eight (8) hours, as required by §1904.39. 1904.7(b)(2)
(3) How do I record a work-related injury or illness that results in days away from work? When an injury or illness involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known. 1904.7(b)(3)
(i) Do I count the day on which the injury occurred or the illness began? No, you begin counting days away on the day after the injury occurred or the illness began. 1904.7(b)(3)(i)
(ii) How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home but the employee comes to work anyway? You must record these injuries and illnesses on the OSHA 300 Log using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional. If a physician or other licensed health care professional recommends days away, you should encourage your employee to follow that recommendation. However, the days away must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation. 1904.7(b)(3)(ii)
(iii) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway? In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work. 1904.7(b)(3)(iii)
(iv) How do I count weekends, holidays, or other days the employee would not have worked anyway? You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness. 1904.7(b)(3)(iv)
(v) How do I record a case in which a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend? You need to record this case only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the weekend. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate. 1904.7(b)(3)(v)
(vi) How do I record a case in which a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing? You need to record a case of this type only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the scheduled time off. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate. 1904.7(b)(3)(vi)
(vii) Is there a limit to the number of days away from work I must count? Yes, you may "cap" the total days away at 180 calendar days. You are not required to keep track of the number of calendar days away from work if the injury or illness resulted in more than 180 calendar days away from work and/or days of job transfer or restriction. In such a case, entering 180 in the total days away column will be considered adequate. 1904.7(b)(3)(vii)
(4)
(viii) May I stop counting days if an employee who is away from work because of an injury or illness retires or leaves my company? Yes, if the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction/job transfer and enter the day count on the 300 Log. 1904.7(b)(3)(viii)
(ix) If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years? No, you only record the injury or illness once. You must enter the number of calendar days away for the injury or illness on the OSHA 300 Log for the year in which the injury or illness occurred. If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap. 1904.7(b)(3)(ix)
How do I record a work-related injury or illness that results in restricted work or job transfer? When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column. 1904.7(b)(4)
(i) How do I decide if the injury or illness resulted in restricted work? Restricted work occurs when, as the result of a work-related injury or illness: 1904.7(b)(4)(i)
[A] You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or 1904.7(b)(4)(i)[A]
[B] A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work. 1904.7(b)(4)(i)[B]
(ii) What is meant by "routine functions"? For recordkeeping purposes, an employee's routine functions are those work activities the employee regularly performs at least once per week. 1904.7(b)(4)(ii)
(iii) Do I have to record restricted work or job transfer if it applies only to the day on which the injury occurred or the illness began? No, you do not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began. 1904.7(b)(4)(iii)
(iv) If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case? No, a recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.
1904.7(b)(4)(iv)
(v) How do I record a case where the worker works only for a partial work shift because of a work-related injury or illness? A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began. 1904.7(b)(4)(v)
(vi) If the injured or ill worker produces fewer goods or services than he or she would have produced prior to the injury or illness but otherwise performs all of the routine functions of his or her work, is the case considered a restricted work case? No, the case is considered restricted work only if the worker does not perform all of the routine functions of his or her job or does not work the full shift that he or she would otherwise have worked. 1904.7(b)(4)(vi)
(vii) How do I handle vague restrictions from a physician or other licensed health care professional, such as that the
employee engage only in "light duty" or "take it easy for a week"? If you are not clear about the physician or other licensed health care professional's recommendation, you may ask that person whether the employee can do all of his or her routine job functions and work all of his or her normally assigned work shift. If the answer to both of these questions is "Yes," then the case does not involve a work restriction and does not have to be recorded as such. If the answer to one or both of these questions is "No," the case involves restricted work and must be recorded as a restricted work case. If you are unable to obtain this additional information from the physician or other licensed health care professional who recommended the restriction, record the injury or illness as a case involving restricted work.
1904.7(b)(4)(vii)
(viii) What do I do if a physician or other licensed health care professional recommends a job restriction meeting OSHA's definition, but the employee does all of his or her routine job functions anyway? You must record the injury or illness on the OSHA 300 Log as a restricted work case. If a physician or other licensed health care professional recommends a job restriction, you should ensure that the employee complies with that restriction. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation. 1904.7(b)(4)(viii)
(ix) How do I decide if an injury or illness involved a transfer to another job? If you assign an injured or ill employee to a job other than his or her regular job for part of the day, the case involves transfer to another job. Note: This does not include the day on which the injury or illness occurred. 1904.7(b)(4)(ix)
(x) Are transfers to another job recorded in the same way as restricted work cases? Yes, both job transfer and restricted work cases are recorded in the same box on the OSHA 300 Log. For example, if you assign, or a physician or other licensed health care professional recommends that you assign, an injured or ill worker to his or her routine job duties for part of the day and to another job for the rest of the day, the injury or illness involves a job transfer. You must record an injury or illness that involves a job transfer by placing a check in the box for job transfer. 1904.7(b)(4)(x)
(xi) How do I count days of job transfer or restriction? You count days of job transfer or restriction in the same way you count days away from work, using §1904.7(b)(3)(i) to (viii), above. The only difference is that, if you permanently assign the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is made permanent. You must count at least one day of restricted work or job transfer for such cases.
1904.7(b)(4)(xi)
(5) How do I record an injury or illness that involves medical treatment beyond first aid? If a work-related injury or illness results in medical treatment beyond first aid, you must record it on the OSHA 300 Log. If the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, you enter a check mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.
1904.7(b)(5)
(i) What is the definition of medical treatment?
1904.7(b)(5)(i) "Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of part 1904, medical treatment does not include:
[A] Visits to a physician or other licensed health care professional solely for observation or counseling; 1904.7(b)(5)(i)[A]
[B] The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or 1904.7(b)(5)(i)[B]
[C] "First aid" as defined in paragraph (b)(5)(ii) of this section. 1904.7(b)(5)(i)[C]
(ii) What is "first aid"? For the purposes of part 1904, "first aid" means the following: 1904.7(b)(5)(ii)
[A] Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation
by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes); 1904.7(b)(5)(ii)[A]
[B] Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment); 1904.7(b)(5)(ii)[B]
[C] Cleaning, flushing or soaking wounds on the surface of the skin; 1904.7(b)(5)(ii)[C]
[D] Using wound coverings such as bandages, BandAids™, gauze pads, etc.; or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, etc., are considered medical treatment); 1904.7(b)(5)(ii)[D]
[E] Using hot or cold therapy; 1904.7(b)(5)(ii)[E]
[F] Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes); 1904.7(b)(5)(ii)[F]
[G] Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.). 1904.7(b)(5)(ii)[G]
[H] Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister; 1904.7(b)(5)(ii)[H]
[I] Using eye patches; 1904.7(b)(5)(ii)[I]
[J] Removing foreign bodies from the eye using only irrigation or a cotton swab; 1904.7(b)(5)(ii)[J]
[K] Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means; 1904.7(b)(5)(ii)[K]
[L] Using finger guards; 1904.7(b)(5)(ii)[L]
[M] Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or 1904.7(b)(5)(ii)[M]
[N] Drinking fluids for relief of heat stress. 1904.7(b)(5)(ii)[N]
(iii) Are any other procedures included in first aid? No, this is a complete list of all treatments considered first aid for part 1904 purposes. 1904.7(b)(5)(iii)
(iv) Does the professional status of the person providing the treatment have any effect on what is considered first aid or medical treatment? No, OSHA considers the treatments listed in §1904.7(b)(5)(ii) of this part to be first aid regardless of the professional status of the person providing the treatment. Even when these treatments are provided by a physician or other licensed health care professional, they are considered first aid for the purposes of part 1904. Similarly, OSHA considers treatment beyond first aid to be medical treatment even when it is provided by someone other than a physician or other licensed health care professional. 1904.7(b)(5)(iv)
(v) What if a physician or other licensed health care professional recommends medical treatment but the employee does not follow the recommendation? If a physician or other licensed health care professional recommends medical treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the case even if the injured or ill employee does not follow the physician or other licensed health care professional's recommendation. 1904.7(b)(5)(v)
(6) Is every work-related injury or illness case involving a loss of consciousness recordable? Yes, you must record a work-related injury or illness if the worker becomes unconscious, regardless of the length of time the employee remains unconscious. 1904.7(b)(6)
(7) What is a "significant" diagnosed injury or illness that is recordable under the general criteria even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness? Workrelated cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional. 1904.7(b)(7)
Note to §1904.7: OSHA believes that most significant injuries and illnesses will result in one of the criteria listed in §1904.7(a): death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis, and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. OSHA believes that cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.
§1904.8 Recording criteria for needlestick and sharps injuries
(a) Basic requirement. You must record all work-related needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (as defined by 29 CFR 1910.1030). You must enter the case on the OSHA 300 Log as an injury. To protect the employee's privacy, you may not enter the employee's name on the OSHA 300 Log (see the requirements for privacy cases in paragraphs 1904.29(b)(6) through 1904.29(b)(9)). 1904.8(a)
(b) Implementation — 1904.8(b)
(1) What does "other potentially infectious material" mean? The term "other potentially infectious materials" is defined in the OSHA Bloodborne Pathogens standard at §1910.1030(b).
These materials include: 1904.8(b)(1)
(i) Human bodily fluids, tissues and organs, and 1904.8(b)(1)(i)
(ii) Other materials infected with the HIV or hepatitis B (HBV) virus such as laboratory cultures or tissues from experimental animals. 1904.8(b)(1)(ii)
(2) Does this mean that I must record all cuts, lacerations, punctures, and scratches? No, you need to record cuts, lacerations, punctures, and scratches only if they are work-related and involve contamination with another person's blood or other potentially infectious material. If the cut, laceration, or scratch involves a clean object, or a contaminant other than blood or other potentially infectious material, you need to record the case only if it meets one or more of the recording criteria in §1904.7. 1904.8(b)(2)
(3) If I record an injury and the employee is later diagnosed with an infectious bloodborne disease, do I need to update the OSHA 300 Log? Yes, you must update the classification of the case on the OSHA 300 Log if the case results in death, days away from work, restricted work, or job transfer. You must also update the description to identify the infectious disease and change the classification of the case from an injury to an illness. 1904.8(b)(3)
(4) What if one of my employees is splashed or exposed to blood or other potentially infectious material without being cut or scratched? Do I need to record this incident? You need to record such an incident on the OSHA 300 Log as an illness if: 1904.8(b)(4)
(i) It results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or hepatitis C; or 1904.8(b)(4)(i)
(ii) It meets one or more of the recording criteria in §1904.7. 1904.8(b)(4)(ii)
§1904.9
Recording criteria for cases involving medical removal under OSHA standards
(a) Basic requirement. If an employee is medically removed under the medical surveillance requirements of an OSHA standard, you must record the case on the OSHA 300 Log. 1904.9(a)
(b) Implementation — 1904.9(b)
(1) How do I classify medical removal cases on the OSHA 300 Log? You must enter each medical removal case on the OSHA 300 Log as either a case involving days away from work or a case involving restricted work activity, depending on how you decide to comply with the medical removal requirement. If the medical removal is the result of a chemical exposure, you must enter the case on the OSHA 300 Log by checking the "poisoning" column. 1904.9(b)(1)
(2) Do all of OSHA's standards have medical removal provisions? No, some OSHA standards, such as the standards covering bloodborne pathogens and noise, do not have medical removal provisions. Many OSHA standards that cover specific chemical substances have medical removal provisions. These standards include, but are not limited to, lead, cadmium, methylene chloride, formaldehyde, and benzene. 1904.9(b)(2)
(3) Do I have to record a case where I voluntarily removed the employee from exposure before the medical removal criteria in an OSHA standard are met? No, if the case involves voluntary medical removal before the medical removal levels required by an OSHA standard, you do not need to record the case on the OSHA 300 Log. 1904.9(b)(3)
§1904.10
Recording criteria for cases involving occupational hearing loss
(a) Basic requirement. If an employee's hearing test (audiogram) reveals that the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the
§1904.11
Succinct Construction Regulations and Standards
employee's total hearing level is 25 decibels (dB) or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you must record the case on the OSHA 300 Log. 1904.10(a)
(b) Implementation — 1904.10(b)
(1) What is a Standard Threshold Shift? A Standard Threshold Shift, or STS, is defined in the occupational noise exposure standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing threshold, relative to the baseline audiogram for that employee, of an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) in one or both ears. 1904.10(b)(1)
(2) How do I evaluate the current audiogram to determine whether an employee has an STS and a 25-dB hearing level?
1904.10(b)(2)
(i) STS. If the employee has never previously experienced a recordable hearing loss, you must compare the employee's current audiogram with that employee's baseline audiogram. If the employee has previously experienced a recordable hearing loss, you must compare the employee's current audiogram with the employee's revised baseline audiogram (the audiogram reflecting the employee's previous recordable hearing loss case). 1904.10(b)(2)(i)
(ii) 25-dB loss. Audiometric test results reflect the employee's overall hearing ability in comparison to audiometric zero. Therefore, using the employee's current audiogram, you must use the average hearing level at 2000, 3000, and 4000 Hz to determine whether or not the employee's total hearing level is 25 dB or more. 1904.10(b)(2)(ii)
(3) May I adjust the current audiogram to reflect the effects of aging on hearing? Yes. When you are determining whether an STS has occurred, you may age adjust the employee's current audiogram results by using Tables F-1 or F-2, as appropriate, in appendix F of 29 CFR 1910.95. You may not use an age adjustment when determining whether the employee's total hearing level is 25 dB or more above audiometric zero. 1904.10(b)(3)
(4)
Do I have to record the hearing loss if I am going to retest the employee's hearing? No, if you retest the employee's hearing within 30 days of the first test, and the retest does not confirm the recordable STS, you are not required to record the hearing loss case on the OSHA 300 Log. If the retest confirms the recordable STS, you must record the hearing loss illness within seven (7) calendar days of the retest. If subsequent audiometric testing performed under the testing requirements of the §1910.95 noise standard indicates that an STS is not persistent, you may erase or line-out the recorded entry. 1904.10(b)(4)
(5) Are there any special rules for determining whether a hearing loss case is work-related? No. You must use the rules in §1904.5 to determine if the hearing loss is work-related. If an event or exposure in the work environment either caused or contributed to the hearing loss, or significantly aggravated a preexisting hearing loss, you must consider the case to be work related. 1904.10(b)(5)
(6) If a physician or other licensed health care professional determines the hearing loss is not work-related, do I still need to record the case? If a physician or other licensed health care professional determines, following the rules set out in §1904.5, that the hearing loss is not work-related or that occupational noise exposure did not significantly aggravate the hearing loss, you do not have to consider the case work-related or record the case on the OSHA 300 Log. 1904.10(b)(6)
(7) How do I complete the 300 Log for a hearing loss case? When you enter a recordable hearing loss case on the OSHA 300 Log, you must check the 300 Log column for hearing loss. 1904.10(b)(7)
(Note: §1904.10(b)(7) is effective beginning January 1, 2004.)
§1904.11
Recording criteria for work-related tuberculosis cases
(a) Basic requirement. If any of your employees has been occupationally exposed to anyone with a known case of active tuberculosis (TB), and that employee subsequently develops a tuberculosis infection, as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional, you must record the case on the OSHA 300 Log by checking the "respiratory condition" column. 1904.11(a)
(b) Implementation — 1904.11(b)
(1) Do I have to record, on the Log, a positive TB skin test result obtained at a pre-employment physical? No, you do not have to record it because the employee was not occupationally exposed to a known case of active tuberculosis in your workplace. 1904.11(b)(1)
(2) May I line-out or erase a recorded TB case if I obtain evidence that the case was not caused by occupational exposure? Yes, you may line-out or erase the case from the Log under the following circumstances: 1904.11(b)(2)
(i) The worker is living in a household with a person who has been diagnosed with active TB; 1904.11(b)(2)(i)
(ii) The Public Health Department has identified the worker as a contact of an individual with a case of active TB unrelated to the workplace; or 1904.11(b)(2)(ii)
(iii) A medical investigation shows that the employee's infection was caused by exposure to TB away from work, or proves that the case was not related to the workplace TB exposure. 1904.11(b)(2)(iii)
§1904.13
§1904.28 [Reserved]
§1904.29 Forms
(a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, the 300-A is the Summary of Work-Related Injuries and Illnesses, and the OSHA 301 form is called the Injury and Illness Incident Report. 1904.29(a)
(b) Implementation — 1904.29(b)
(1) What do I need to do to complete the OSHA 300 Log? You must enter information about your business at the top of the OSHA 300 Log, enter a one or two line description for each recordable injury or illness, and summarize this information on the OSHA 300-A at the end of the year. 1904.29(b)(1)
(2) What do I need to do to complete the OSHA 301 Incident Report? You must complete an OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log. 1904.29(b)(2)
(3) How quickly must each injury or illness be recorded? You must enter each recordable injury or illness on the OSHA 300 Log and 301 Incident Report within seven (7) calendar days of receiving information that a recordable injury or illness has occurred. 1904.29(b)(3)
(4) What is an equivalent form? An equivalent form is one that has the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. Many employers use an insurance form instead of the OSHA 301 Incident Report, or supplement an insurance form by adding any additional information required by OSHA. 1904.29(b)(4)
(5) May I keep my records on a computer? Yes, if the computer can produce equivalent forms when they are needed, as described under §§1904.35 and 1904.40, you may keep your records using the computer system. 1904.29(b)(5)
(6) Are there situations where I do not put the employee's name on the forms for privacy reasons? Yes, if you have a "privacy concern case," you may not enter the employee's name on the OSHA 300 Log. Instead, enter "privacy case" in the space normally used for the employee's name. This will protect the privacy of the injured or ill employee when another employee, a former employee, or an authorized employee representative is provided access to the OSHA 300 Log under §1904.35(b)(2). You must keep a separate, confidential list of the case numbers and employee names for your privacy concern cases so you can update the cases and provide the information to the government if asked to do so. 1904.29(b)(6)
(7) How do I determine if an injury or illness is a privacy concern case? You must consider the following injuries or illnesses to be privacy concern cases: 1904.29(b)(7)
(i) An injury or illness to an intimate body part or the reproductive system; 1904.29(b)(7)(i)
(ii) An injury or illness resulting from a sexual assault; 1904.29(b)(7)(ii)
(iii) Mental illnesses; 1904.29(b)(7)(iii)
(iv) HIV infection, hepatitis, or tuberculosis; 1904.29(b)(7)(iv)
(v) Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (see §1904.8 for definitions); and 1904.29(b)(7)(v)
(vi) Other illnesses, if the employee voluntarily requests that his or her name not be entered on the log. 1904.29(b)(7)(vi)
(8) May I classify any other types of injuries and illnesses as privacy concern cases? No, this is a complete list of all injuries and illnesses considered privacy concern cases for part 1904 purposes. 1904.29(b)(8)
(9) If I have removed the employee's name, but still believe that the employee may be identified from the information on the forms, is there anything else that I can do to further protect the employee's privacy? Yes, if you have a reasonable basis to believe that information describing the privacy concern case may be personally identifiable even though the employee's name has been omitted, you may use discretion in describing the injury or illness on both the OSHA 300 and 301 forms. You must enter enough information to identify the cause of the incident and the general severity of the injury or illness, but you do not need to include details of an intimate or private nature. For example, a sexual assault case could be described as "injury from assault," or an injury to a reproductive organ could be described as "lower abdominal injury." 1904.29(b)(9)
(10) What must I do to protect employee privacy if I wish to provide access to the OSHA Forms 300 and 301 to persons other than government representatives, employees, former employees or authorized representatives? If you decide to voluntarily disclose the Forms to persons other than government representatives, employees, former employees or authorized representatives (as required by §§1904.35 and 1904.40), you must remove or hide the employees' names and other personally identifying information, except for the following cases. You may disclose the Forms with personally identifying information only: 1904.29(b)(10)
(i) to an auditor or consultant hired by the employer to evaluate the safety and health program; 1904.29(b)(10)(i)
(ii) to the extent necessary for processing a claim for workers' compensation or other insurance benefits; or 1904.29(b)(10)(ii)
(iii) to a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 CFR 164.512. 1904.29(b)(10)(iii)
Subpart D – Other OSHA Injury and Illness Recordkeeping Requirements
§1904.30 Multiple business establishments
(a)
Basic requirement. You must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer. 1904.30(a)
(b) Implementation — 1904.30(b)
(1) Do I need to keep OSHA injury and illness records for shortterm establishments (i.e., establishments that will exist for less than a year)? Yes, however, you do not have to keep a separate OSHA 300 Log for each such establishment. You may keep one OSHA 300 Log that covers all of your short-term establishments. You may also include the short-term establishments' recordable injuries and illnesses on an OSHA 300 Log that covers shortterm establishments for individual company divisions or geographic regions. 1904.30(b)(1)
(2) May I keep the records for all of my establishments at my headquarters location or at some other central location? Yes, you may keep the records for an establishment at your headquarters or other central location if you can: 1904.30(b)(2)
(i) Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred; and 1904.30(b)(2)(i)
(ii) Produce and send the records from the central location to the establishment within the time frames required by §§1904.35 and 1904.40 when you are required to provide records to a government representative, employees, former employees or employee representatives. 1904.30(b)(2)(ii)
(3) Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees? You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record the injury and illness on the OSHA 300 Log of the injured or ill employee's establishment, or on an OSHA 300 Log that covers that employee's short- term establishment. 1904.30(b)(3)
(4) How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from
any of my establishments? If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment at which the employee normally works. 1904.30(b)(4)
§1904.31 Covered employees
(a) Basic requirement. You must record on the OSHA 300 Log the recordable injuries and illnesses of all employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis. If your business is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes. 1904.31(a)
(b) Implementation — 1904.31(b)
(1) If a self-employed person is injured or becomes ill while doing work at my business, do I need to record the injury or illness? No, self-employed individuals are not covered by the OSH Act or this regulation. 1904.31(b)(1)
(2) If I obtain employees from a temporary help service, employee leasing service, or personnel supply service, do I have to record an injury or illness occurring to one of those employees? You must record these injuries and illnesses if you supervise these employees on a day- to-day basis. 1904.31(b)(2)
(3) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that employee? If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness. 1904.31(b)(3)
(4) Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased or contract employees that I supervise on a day-to-day basis? No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer's OSHA 300 Log (if that company provides dayto-day supervision). 1904.31(b)(4)
§1904.32 Annual summary
(a) Basic requirement. At the end of each calendar year, you must: 1904.32(a)
(1) Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified; 1904.32(a)(1)
(2) Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log; 1904.32(a)(2)
(3) Certify the summary; and 1904.32(a)(3)
(4) Post the annual summary. 1904.32(a)(4)
(b) Implementation — 1904.32(b)
(1) How extensively do I have to review the OSHA 300 Log entries at the end of the year? You must review the entries as extensively as necessary to make sure that they are complete and correct. 1904.32(b)(1)
(2) How do I complete the annual summary? You must: 1904.32(b)(2)
(i) Total the columns on the OSHA 300 Log (if you had no recordable cases, enter zeros for each column total); and 1904.32(b)(2)(i)
(ii) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log. 1904.32(b)(2)(ii)
(iii) If you are using an equivalent form other than the OSHA 300-A summary form, as permitted under §1904.29(b)(4), the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A Summary form. 1904.32(b)(2)(iii)
(3) How do I certify the annual summary? A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete. 1904.32(b)(3)
Succinct Construction Regulations and Standards
(4) Who is considered a company executive? The company executive who certifies the log must be one of the following persons: 1904.32(b)(4)
(i) An owner of the company (only if the company is a sole proprietorship or partnership); 1904.32(b)(4)(i)
(ii) An officer of the corporation; 1904.32(b)(4)(ii)
(iii) The highest ranking company official working at the establishment; or 1904.32(b)(4)(iii)
(iv) The immediate supervisor of the highest ranking company official working at the establishment. 1904.32(b)(4)(iv)
(5) How do I post the annual summary? You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material. 1904.32(b)(5)
(6) When do I have to post the annual summary? You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30. 1904.32(b)(6)
§1904.33 Retention and updating
(a) Basic requirement. You must save the OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that these records cover. 1904.33(a)
(b) Implementation1904.33(b)
(1) Do I have to update the OSHA 300 Log during the five-year storage period? Yes, during the storage period, you must update your stored OSHA 300 Logs to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information. 1904.33(b)(1)
(2) Do I have to update the annual summary? No, you are not required to update the annual summary, but you may do so if you wish. 1904.33(b)(2)
(3) Do I have to update the OSHA 301 Incident Reports? No, you are not required to update the OSHA 301 Incident Reports, but you may do so if you wish. 1904.33(b)(3)
§1904.34 Change in business ownership
If your business changes ownership, you are responsible for recording and reporting work-related injuries and illnesses only for that period of the year during which you owned the establishment. You must transfer the part 1904 records to the new owner. The new owner must save all records of the establishment kept by the prior owner, as required by §1904.33 of this part, but need not update or correct the records of the prior owner.
§1904.35 Employee involvement
(a) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways. 1904.35(a)
(1) You must inform each employee of how he or she is to report a work-related injury or illness to you. 1904.35(a)(1)
(2) You must provide employees with the information described in paragraph (b)(1)(iii) of this section. 1904.35(a)(2)
(3) You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2) of this section. 1904.35(a)(3)
(b) Implementation1904.35(b)
(1) What must I do to make sure that employees report work-related injuries and illnesses to me? 1904.35(b)(1)
(i) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness; 1904.35(b)(1)(i)
(ii) You must inform each employee of your procedure for reporting work-related injuries and illnesses; 1904.35(b)(1)(ii)
(iii) You must inform each employee that: 1904.35(b)(1)(iii)
[A] Employees have the right to report work-related injuries and illnesses; and 1904.35(b)(1)(iii)[A]
[B] Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and 1904.35(b)(1)(iii)[B]
(iv) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness. 1904.35(b)(1)(iv)
(2) Do I have to give my employees and their representatives access to the OSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed below. 1904.35(b)(2)
(i) Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees. 1904.35(b)(2)(i)
(ii) Who is a "personal representative" of an employee or former employee? A personal representative is: 1904.35(b)(2)(ii)
[A] Any person that the employee or former employee designates as such, in writing; or 1904.35(b)(2)(ii)[A]
[B] The legal representative of a deceased or legally incapacitated employee or former employee. 1904.35(b)(2)(ii)[B]
(iii) If an employee or representative asks for access to the OSHA 300 Log, when do I have to provide it? When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day. 1904.35(b)(2)(iii)
(iv) May I remove the names of the employees or any other information from the OSHA 300 Log before I give copies to an employee, former employee, or employee representative? No, you must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in §1904.29(b)(6) through (9). 1904.35(b)(2)(iv)
(v) If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it?
1904.35(b)(2)(v)
[A] When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.
1904.35(b)(2)(v)[A]
[B] When an authorized employee representative asks for copies of the OSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days. You are only required to give the authorized employee representative information from the OSHA 301 Incident Report section titled "Tell us about the case." You must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative. 1904.35(b)(2)(v)[B] (vi) May I charge for the copies? No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records. 1904.35(b)(2)(vi)
§1904.36 Prohibition against discrimination
In addition to §1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-related fatality, injury, or illness. That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the part 1904 records, or otherwise exercises any rights afforded by the OSH Act.
§1904.37 State recordkeeping requirements
(a) Basic requirement. Some States operate their own OSHA programs, under the authority of a State plan as approved by OSHA. States operating OSHA-approved State plans must have occupational injury and illness recording and reporting requirements that are substantially identical to the requirements in this part (see 29 CFR 1902.3(j), 29 CFR 1902.7, and 29 CFR 1956.10(i)). 1904.37(a) (b) Implementation.1904.37(b)
(1) State-Plan States must have the same requirements as Federal OSHA for determining which injuries and illnesses are recordable and how they are recorded. 1904.37(b)(1)
(2) For other part 1904 provisions (for example, industry exemptions, reporting of fatalities and hospitalizations, record retention, or employee involvement), State-Plan State requirements may
be more stringent than or supplemental to the Federal requirements, but because of the unique nature of the national recordkeeping program, States must consult with and obtain approval of any such requirements. 1904.37(b)(2)
(3) Although State and local government employees are not covered Federally, all State-Plan States must provide coverage, and must develop injury and illness statistics, for these workers. State Plan recording and reporting requirements for State and local government entities may differ from those for the private sector but must meet the requirements of paragraphs 1904.37(b)(1) and (b)(2). 1904.37(b)(3)
(4) A State-Plan State may not issue a variance to a private sector employer and must recognize all variances issued by Federal OSHA. 1904.37(b)(4)
(5) A State Plan State may only grant an injury and illness recording and reporting variance to a State or local government employer within the State after obtaining approval to grant the variance from Federal OSHA. 1904.37(b)(5)
§1904.38 Variances from the recordkeeping rule
(a) Basic requirement. If you wish to keep records in a different manner from the manner prescribed by the part 1904 regulations, you may submit a variance petition to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 20210. You can obtain a variance only if you can show that your alternative recordkeeping system: 1904.38(a)
(1) Collects the same information as this part requires; 1904.38(a)(1)
(2) Meets the purposes of the Act; and 1904.38(a)(2)
(3) Does not interfere with the administration of the Act. 1904.38(a)(3)
(b) Implementation — 1904.38(b)
(1) What do I need to include in my variance petition? You must include the following items in your petition: 1904.38(b)(1)
(i) Your name and address; 1904.38(b)(1)(i)
(ii) A list of the State(s) where the variance would be used; 1904.38(b)(1)(ii)
(iii) The address(es) of the business establishment(s) involved; 1904.38(b)(1)(iii)
(iv) A description of why you are seeking a variance; 1904.38(b)(1)(iv)
(v) A description of the different recordkeeping procedures you propose to use; 1904.38(b)(1)(v)
(vi) A description of how your proposed procedures will collect the same information as would be collected by this part and achieve the purpose of the Act; and 1904.38(b)(1)(vi)
(vii) A statement that you have informed your employees of the petition by giving them or their authorized representative a copy of the petition and by posting a statement summarizing the petition in the same way as notices are posted under §1903.2(a). 1904.38(b)(1)(vii)
(2) How will the Assistant Secretary handle my variance petition?
The Assistant Secretary will take the following steps to process your variance petition. 1904.38(b)(2)
(i) The Assistant Secretary will offer your employees and their authorized representatives an opportunity to submit written data, views, and arguments about your variance petition. 1904.38(b)(2)(i)
(ii) The Assistant Secretary may allow the public to comment on your variance petition by publishing the petition in the Federal Register. If the petition is published, the notice will establish a public comment period and may include a schedule for a public meeting on the petition. 1904.38(b)(2)(ii)
(iii) After reviewing your variance petition and any comments from your employees and the public, the Assistant Secretary will decide whether or not your proposed recordkeeping procedures will meet the purposes of the Act, will not otherwise interfere with the Act, and will provide the same information as the part 1904 regulations provide. If your procedures meet these criteria, the Assistant Secretary may grant the variance subject to such conditions as he or she finds appropriate. 1904.38(b)(2)(iii)
(iv) If the Assistant Secretary grants your variance petition, OSHA will publish a notice in the Federal Register to announce the variance. The notice will include the practices the variance allows you to use, any conditions that apply, and the reasons for allowing the variance. 1904.38(b)(2)(iv)
(3) If I apply for a variance, may I use my proposed recordkeeping procedures while the Assistant Secretary is processing the variance petition? No, alternative recordkeeping practices are only allowed after the variance is approved. You must comply with the part 1904 regulations while the Assistant Secretary is reviewing your variance petition. 1904.38(b)(3)
(4) If I have already been cited by OSHA for not following the part 1904 regulations, will my variance petition have any effect on the citation and penalty? No, in addition, the Assistant Secretary may elect not to review your variance petition if it includes an element for which you have been cited and the citation is still under review by a court, an Administrative Law Judge (ALJ), or the OSH Review Commission. 1904.38(b)(4)
(5) If I receive a variance, may the Assistant Secretary revoke the variance at a later date? Yes, the Assistant Secretary may revoke your variance if he or she has good cause. The procedures revoking a variance will follow the same process as OSHA uses for reviewing variance petitions, as outlined in paragraph 1904.38(b)(2). Except in cases of willfulness or where necessary for public safety, the Assistant Secretary will: 1904.38(b)(5)
(i) Notify you in writing of the facts or conduct that may warrant revocation of your variance; and 1904.38(b)(5)(i)
(ii) Provide you, your employees, and authorized employee representatives with an opportunity to participate in the revocation procedures. 1904.38(b)(5)(ii)
Subpart E – Reporting Fatality, Injury and Illness Information to the Government
§1904.39 Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA
(a) Basic requirement.1904.39(a)
(1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. 1904.39(a)(1)
(2) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA. 1904.39(a)(2)
(3) You must report the fatality, in-patient hospitalization, amputation, or loss of an eye using one of the following methods: 1904.39(a)(3)
(i) By telephone or in person to the OSHA Area Office that is nearest to the site of the incident. 1904.39(a)(3)(i) (ii) By telephone to the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742). 1904.39(a)(3)(ii) (iii) By electronic submission using the reporting application located on OSHA's public Web site at www.osha.gov. 1904.39(a)(3)(iii)
(b) Implementation1904.39(b)
(1) If the Area Office is closed, may I report the fatality, in-patient hospitalization, amputation, or loss of an eye by leaving a message on OSHA's answering machine, faxing the Area Office, or sending an email? No, if the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either the 800 number or the reporting application located on OSHA's public Web site at www.osha.gov.
1904.39(b)(1)
(2) What information do I need to give to OSHA about the in-patient hospitalization, amputation, or loss of an eye? You must give OSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye: 1904.39(b)(2)
(i) The establishment name; 1904.39(b)(2)(i)
(ii) The location of the work-related incident; 1904.39(b)(2)(ii)
(iii) The time of the work-related incident; 1904.39(b)(2)(iii)
(iv) The type of reportable event (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye); 1904.39(b)(2)(iv)
(v) The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye; 1904.39(b)(2)(v)
(vi) The names of the employees who suffered a fatality, inpatient hospitalization, amputation, or loss of an eye; 1904.39(b)(2)(vi)
(vii) Your contact person and his or her phone number; and 1904.39(b)(2)(vii)
(viii) A brief description of the work-related incident. 1904.39(b)(2)(viii)
(3) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? If the motor vehicle accident occurred in a construction work zone, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records. 1904.39(b)(3)
(4) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? No, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records. 1904.39(b)(4)
(5) Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack. 1904.39(b)(5)
(6) What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? You must only report a fatality to OSHA if the fatality occurs within thirty (30) days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if it occurs within twenty-four (24) hours of the work-related incident. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records. 1904.39(b)(6)
(7) What if I don't learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away? If you do not learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes place, you must make the report to OSHA within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s): Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye. 1904.39(b)(7)
(8) What if I don't learn right away that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident? If you do not learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to OSHA within the following time period after you or any of your agent(s) learn that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident: Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye. 1904.39(b)(8)
(9) How does OSHA define "in-patient hospitalization"? OSHA defines in-patient hospitalization as a formal admission to the inpatient service of a hospital or clinic for care or treatment. 1904.39(b)(9)
(10) Do I have to report an in-patient hospitalization that involves only observation or diagnostic testing? No, you do not have to report an in-patient hospitalization that involves only observation or diagnostic testing. You must only report to OSHA each in-patient hospitalization that involves care or treatment. 1904.39(b)(10)
(11) How does OSHA define "amputation"? An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth. 1904.39(b)(11)
§1904.40 Providing records to government representatives
(a) Basic requirement. When an authorized government representative asks for the records you keep under part 1904, you must provide copies of the records within four (4) business hours. 1904.40(a)
(b) Implementation — 1904.40(b)
(1) What government representatives have the right to get copies of my part 1904 records? The government representatives authorized to receive the records are: 1904.40(b)(1)
(i) A representative of the Secretary of Labor conducting an inspection or investigation under the Act; 1904.40(b)(1)(i)
(ii) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health — NIOSH) conducting an investigation under section 20(b) of the Act, or 1904.40(b)(1)(ii)
(iii) A representative of a State agency responsible for administering a State plan approved under section 18 of the Act. 1904.40(b)(1)(iii)
(2) Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone? OSHA will consider your response to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline. 1904.40(b)(2)
§1904.41 Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA
(a) Basic requirements.1904.41(a)
(1) Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses. 1904.41(a)(1)
(i). If your establishment had. 20-249 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form. 1904.41(a)(1)(i)
(ii). If your establishment had. 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form. 1904.41(a)(1)(ii)
(2) Annual electronic submission of information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by establishments with 100 or more employees in designated industries. If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix B to subpart E of this part, then you must electronically submit information from OSHA Forms 300 and 301 to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms. 1904.41(a)(2)
(3) Electronic submission of part 1904 records upon notification. Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee. 1904.41(a)(3)
(4) Electronic submission of the Employer Identification Number (EIN). For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment. 1904.41(a)(4)
(b) Implementation. 1904.41(b)
(1) Does every employer have to routinely make an annual electronic submission of information from part 1904 injury and illness recordkeeping forms to OSHA? No, only three categories of employers must routinely submit information from these forms. The first category is establishments that had 20-249 employees at any time during the previous calendar year, and are classified in an industry listed in appendix A to this subpart; establishments in this category must submit the required information from Form 300A to OSHA once a year. The second category is establishments that had 250 or more employees at any time during the previous calendar year, and are required by this part to keep records; establishments in this category must submit the required information from Form 300A to OSHA once a year. The third category is establishments that had 100 or more employees at any time during the previous calendar year, and are classified in an industry listed in appendix B to this subpart; establishments in this category must also submit the required information from Forms 300 and 301 to OSHA once a year, in addition to the required information from Form 300A. Employers in these three categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2024 for the 2023 form(s)). If your establishment is not in any of these three categories, then you must submit the information to OSHA only if OSHA notifies you to do so for an individual data collection. 1904.41(b)(1)
(2) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section? Yes, each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers. 1904.41(b)(2)
(3) How will OSHA notify me that I must submit information as part of an individual data collection under paragraph (a)(3) of this section? OSHA will notify you by mail if you will have to submit information as part of an individual data collection under paragraph (a)(3). OSHA will also announce individual data collections through publication in the Federal Register and the OSHA newsletter, and announcements on the OSHA website. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal. 1904.41(b)(3)
(4) When do I have to submit the information? If you are required to submit information under paragraph (a)(1) or (2) of this section, then you must submit the information once a year, by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2019 for the 2018 form). If you are submitting information because OSHA notified you to submit information as part of an individual data collection under paragraph (a)(3) of this section, then you must submit the information as specified in the notification. 1904.41(b)(4)
(5) How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under paragraph (a)(3) of this section, OSHA will include the website's location in the notification for the data collection. 1904.41(b)(5)
(6) Do I have to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under §§1904.1 and/or 1904.2, then you do not have to routinely submit information under paragraphs (a)(1) and (2) of this section. You will have to submit information under paragraph (a)(3) of this section if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this part and submit information as directed. 1904.41(b)(6)
(7) Do I have to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States. 1904.41(b)(7)
(8) May an enterprise or corporate office electronically submit information for its establishment(s)? Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a) of this section, then the enterprise or corporate office may collect and electronically submit the information for the establishment(s). 1904.41(b)(8)
(9). If I have to submit information under paragraph (a)(2) of this section, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following: 1904.41(b)(9)
(i). Log of Work-Related Injuries. and Illnesses (OSHA Form 300): Employee name (column B). 1904.41(b)(9)(i)
(ii). Injury and Illness Incident. Report (OSHA Form 301): Employee name (field 1), employee address (field 2), name of physician or other health care professional (field 6), facility name and address if treatment was given away from the worksite (field 7). 1904.41(b)(9)(ii)
(10) My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name. 1904.41(b)(10)
(c) Reporting dates. Establishments that are required to submit under paragraph (a)(1) or (2) of this section must submit all of the required information by March 2 of the year after the calendar year covered by the form(s) (for example, by March 2, 2024, for the forms covering 2023). 1904.41(c)
(1) In 2017 and 2018, establishments required to submit under paragraph (a)(1) or (2) of this section must submit the required information according to the table in this paragraph (c)(1): 1904.41(c)(1)
Submission year
Establishments submitting under paragraph (a)(1) of this section must submit the required information from this form/these forms:
Establishments submitting under paragraph (a)(2) of this section must submit the required information from this form:
Submission deadline
2017 300A 300A December 15, 2017. 2018 300A, 300, 301 300A July 1, 2018.
(2) Beginning in 2019, establishments that are required to submit under paragraph (a)(1) or (2) of this section will have to submit all of the required information by March 2 of the year after the calendar year covered by the form or forms (for example, by March 2, 2019, for the forms covering 2018). 1904.41(c)(2)
§1904.42 Requests from the Bureau of Labor Statistics for data
(a) Basic requirement. If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it following the instructions contained on the survey form. 1904.42(a)
(b) Implementation — 1904.42(b)
(1) Does every employer have to send data to the BLS? No, each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form. 1904.42(b)(1)
(2) If I get a survey form from the BLS, what do I have to do? If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form. 1904.42(b)(2)
(3) Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records? Yes, even if you are exempt from keeping injury and illness records under §1904.1 to §1904.3, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by §1904.5 to §1904.15 and make a survey report for the year covered by the survey. 1904.42(b)(3)
(4) Do I have to answer the BLS survey form if I am located in a StatePlan State? Yes, all employers who receive a survey form must respond to the survey, even those in State-Plan States. 1904.42(b)(4)
Appendix A Succinct Construction Regulations and Standards
Appendix A — Designated Industries for §1904.41(a)(1)(i) Annual Electronic Submission of Information From OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20-249 Employees in Designated Industries
NAICS Industry
11 Agriculture, Forestry, Fishing and Hunting. 22 Utilities. 23Construction.
31-33 Manufacturing.
42 Wholesale Trade.
4413 Automotive Parts, Accessories, and Tire Stores.
4421 Furniture Stores.
4422 Home Furnishings Stores.
4441 Building Material and Supplies Dealers.
4442 Lawn and Garden Equipment and Supplies Stores.
4451 Grocery Stores.
4452 Specialty Food Stores.
4522 Department Stores.
4523 General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533 Used Merchandise Stores.
4542 Vending Machine Operators.
4543 Direct Selling Establishments.
4811 Scheduled Air Transportation.
4841 General Freight Trucking.
4842 Specialized Freight Trucking.
4851 Urban Transit Systems.
4852 Interurban and Rural Bus Transportation.
4853 Taxi and Limousine Service.
4854 School and Employee Bus Transportation.
4855 Charter Bus Industry.
4859 Other Transit and Ground Passenger Transportation.
4871 Scenic and Sightseeing Transportation, Land.
4881 Support Activities for Air Transportation.
4882 Support Activities for Rail Transportation.
4883 Support Activities for Water Transportation.
4884
Support Activities for Road Transportation.
4889 Other Support Activities for Transportation.
4911 Postal Service.
4921 Couriers and Express Delivery Services.
4922 Local Messengers and Local Delivery.
4931 Warehousing and Storage. 5152
Cable and Other Subscription Programming.
Lessors of Real Estate.
Automotive Equipment Rental and Leasing.
Consumer Goods Rental.
5323 General Rental Centers.
NAICS Industry
5617
Services to Buildings and Dwellings.
Waste Collection.
Waste Treatment and Disposal.
Remediation and Other Waste Management Services. 6219 Other Ambulatory Health Care Services. 6221 General Medical and Surgical Hospitals.
6222
6223
6231
6232
6233
Psychiatric and Substance Abuse Hospitals.
Specialty (except Psychiatric and Substance Abuse) Hospitals.
Nursing Care Facilities (Skilled Nursing Facilities).
Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly 6239 Other Residential Care Facilities.
6242
Community Food and Housing, and Emergency and Other Relief Services.
6243 Vocational Rehabilitation Services.
7111
7112
7121
Performing Arts Companies.
Spectator Sports.
Museums, Historical Sites, and Similar Institutions.
7131 Amusement Parks and Arcades.
7132 Gambling Industries.
7211
7212
7223
8113
Traveler Accommodation.
RV (Recreational Vehicle) Parks and Recreational Camps.
Special Food Services.
Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.
8123 Drycleaning and Laundry Services.
Appendix B to Subpart E of Part 1904 — Designated Industries for §1904.41(a)(2)
Annual Electronic Submission of Information From OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by Establishments With 100 or More Employees in Designated Industries
NAICS Industry
1111Oilseed and Grain Farming. 1112 Vegetable and Melon Farming. 1113Fruit and Tree Nut Farming.
1114 Greenhouse, Nursery, and Floriculture Production.
1119Other Crop Farming.
1121 Cattle Ranching and Farming. 1122Hog and Pig Farming.
1123 Poultry and Egg Production.
NAICS Industry
1129Other Animal Production.
1133 Logging.
1141Fishing.
1142 Hunting and Trapping.
1151Support Activities for Crop Production.
1152 Support Activities for Animal Production.
1153Support Activities for Forestry.
2213 Water, Sewage and Other Systems.
2381 Foundation, Structure, and Building Exterior Contractors.
3111 Animal Food Manufacturing.
3113Sugar and Confectionery Product Manufacturing.
3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing.
3115Dairy Product Manufacturing.
3116 Animal Slaughtering and Processing.
3117Seafood Product Preparation and Packaging.
3118 Bakeries and Tortilla Manufacturing.
3119Other Food Manufacturing.
3121 Beverage Manufacturing.
3161Leather and Hide Tanning and Finishing.
3162 Footwear Manufacturing.
3211Sawmills and Wood Preservation.
3212 Veneer, Plywood, and Engineered Wood Product Manufacturing.
3219Other Wood Product Manufacturing.
3261 Plastics Product Manufacturing.
3262Rubber Product Manufacturing.
3271 Clay Product and Refractory Manufacturing.
3272Glass and Glass Product Manufacturing.
3273 Cement and Concrete Product Manufacturing.
3279 Other Nonmetallic Mineral Product Manufacturing.
3312 Steel Product Manufacturing from Purchased Steel.
3314 Nonferrous Metal (except Aluminum) Production and Processing.
3315 Foundries.
3321Forging and Stamping.
3323 Architectural and Structural Metals Manufacturing.
3324 Boiler, Tank, and Shipping Container Manufacturing.
3325 Hardware Manufacturing.
3326Spring and Wire Product Manufacturing.
3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing.
3328 Coating, Engraving, Heat Treating, and Allied Activities.
3331 Agriculture, Construction, and Mining Machinery Manufacturing.
3335Metalworking Machinery Manufacturing.
3361 Motor Vehicle Manufacturing.
3362Motor Vehicle Body and Trailer Manufacturing.
3363 Motor Vehicle Parts Manufacturing.
3366Ship and Boat Building.
3371 Household and Institutional Furniture and Kitchen Cabinet Manufacturing.
4244 Grocery and Related Product Merchant Wholesalers.
4248 Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers.
4413Automotive Parts, Accessories, and Tire Stores.
4422 Home Furnishings Stores.
4441Building Material and Supplies Dealers.
4442 Lawn and Garden Equipment and Supplies Stores.
4451Grocery Stores.
4522 Department Stores.
4523 General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533 Used Merchandise Stores.
4543Direct Selling Establishments.
4811 Scheduled Air Transportation.
4841General Freight Trucking.
4842 Specialized Freight Trucking.
4851Urban Transit Systems.
4852 Interurban and Rural Bus Transportation.
4853Taxi and Limousine Service.
4854 School and Employee Bus Transportation.
4859 Other Transit and Ground Passenger Transportation.
4871 Scenic and Sightseeing Transportation, Land.
4881Support Activities for Air Transportation.
4883 Support Activities for Water Transportation.
4889Other Support Activities for Transportation.
4911 Postal Service.
4921Couriers and Express Delivery Services.
4931 Warehousing and Storage.
5322Consumer Goods Rental.
5621 Waste Collection.
5622Waste Treatment and Disposal.
6219 Other Ambulatory Health Care Services.
6221General Medical and Surgical Hospitals.
6222 Psychiatric and Substance Abuse Hospitals.
6223 Specialty (except Psychiatric and Substance Abuse) Hospitals.
6231 Nursing Care Facilities (Skilled Nursing Facilities).
NAICS Industry
6232
Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
6233 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly.
6239Other Residential Care Facilities.
6243 Vocational Rehabilitation Services.
7111Performing Arts Companies.
7112 Spectator Sports.
7131Amusement Parks and Arcades.
7211 Traveler Accommodation.
7212 RV (Recreational Vehicle) Parks and Recreational Camps.
7223 Special Food Services.
Subpart F – Transition From the Former Rule
§1904.43 Summary and posting of the 2001 data
(a) Basic requirement. If you were required to keep OSHA 200 Logs in 2001, you must post a 2000 annual summary from the OSHA 200 Log of occupational injuries and illnesses for each establishment. 1904.43(a)
(b) Implementation — 1904.43(b)
(1) What do I have to include in the summary? 1904.43(b)(1)
(i) You must include a copy of the totals from the 2001 OSHA 200 Log and the following information from that form:
1904.43(b)(1)(i)
[A] The calendar year covered; 1904.43(b)(1)(i)[A]
[B] Your company name; 1904.43(b)(1)(i)[B]
[C] The name and address of the establishment; and 1904.43(b)(1)(i)[C]
[D] The certification signature, title and date. 1904.43(b)(1)(i)[D]
(ii) If no injuries or illnesses occurred at your establishment in 2001, you must enter zeros on the totals line and post the 2001 summary. 1904.43(b)(1)(ii)
(2) When am I required to summarize and post the 2001 information? 1904.43(b)(2)
(i) You must complete the summary by February 1, 2002; and 1904.43(b)(2)(i)
(ii) You must post a copy of the summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the summary is not altered, defaced or covered by other material. 1904.43(b)(2)(ii)
(3) You must post the 2001 summary from February 1, 2002 to March 1, 2002. 1904.43(b)(3)
§1904.44
Retention and updating of old forms
You must save your copies of the OSHA 200 and 101 forms for five years following the year to which they relate and continue to provide access to the data as though these forms were the OSHA 300 and 301 forms. You are not required to update your old 200 and 101 forms.
§1904.45 OMB control numbers under the Paperwork Reduction Act
The following sections each contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed.
Subpart G – Definitions
§1904.46 Definitions
The Act. The Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). The definitions contained in section 3 of the Act (29 U.S.C. 652) and related interpretations apply to such terms when used in this part 1904.
Establishment. An establishment is a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities.
(1) Can one business location include two or more establishments? Normally, one business location has only one establishment. Under limited conditions, the employer may consider two or more separate businesses that share a single location to be separate establishments. An employer may divide one location into two or more establishments only when:
(i) Each of the establishments represents a distinctly separate business;
(ii) Each business is engaged in a different economic activity;
(iii) No one industry description in the North American Industry Classification System (2007) codes applies to the joint activities of the establishments; and
(iv) Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.
(2) Can an establishment include more than one physical location? Yes, but only under certain conditions. An employer may combine two or more physical locations into a single establishment only when:
(i) The employer operates the locations as a single business operation under common management;
(ii) The locations are all located in close proximity to each other; and
(iii) The employer keeps one set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.
(3) If an employee telecommutes from home, is his or her home considered a separate establishment? No, for employees who telecommute from home, the employee's home is not a business establishment and a separate 300 Log is not required. Employees who telecommute must be linked to one of your establishments under §1904.30(b)(3).
Injury or illness. An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning.
(Note: Injuries and illnesses are recordable only if they are new, work- related cases that meet one or more of the part 1904 recording criteria.)
Physician or Other Licensed Health Care Professional. A physician or other licensed health care professional is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently perform, or be delegated the responsibility to perform, the activities described by this regulation. You. "You" means an employer as defined in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).
Part 1910 – General Industry
Subpart A – General
§1910.1 Purpose and scope
(a) Section 6(a) of the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1593) provides that "without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending 2 years after such date, by rule promulgate as an occupational safety or health standard any national concensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees." The legislative purpose of this provision is to establish, as rapidly as possible and without regard to the rule-making provisions of the Administrative Procedure Act, standards with which industries are generally familiar, and on whose adoption interested and affected persons have already had an opportunity to express their views. Such standards are either 1910.1(a)
(1) National concensus standards on whose adoption affected persons have reached substantial agreement, or 1910.1(a)(1)
(2) Federal standards already established by Federal statutes or regulations. 1910.1(a)(2)
(b) This part carries out the directive 1910.1(b)
§1910.2 Definitions
As used in this part, unless the context clearly requires otherwise:
(a) Act
(b) Assistant Secretary of Labor
(c) Employer
(d) Employee
(e) Commerce
(f) Standard means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment;
(g) National consensus standard means any standard or modification thereof which. (1)-(3)
(h) Established Federal standard
§1910.5 Applicability of standards
(a)-(f)
(a) Except as provided in paragraph (b) of this section, the standards contained in this Part shall apply with respect to employments performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, and Johnston Island.1910.5(a)
(b) None of the standards in this part 1910.5(b)
(c) (1) If a particular standard is specifically applicable to a condition, practice, means, method, operation, or process, 1910.5(c)(1)
(2) On the other hand, any standard shall apply according to its terms to any employment and place of employment 1910.5(c)(2)
(d) In the event a standard protects 1910.5(d)
(f) An employer who is in compliance 1910.5(f)
§1910.6 Incorporation by reference (a)-(bb)
(a) (1) The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. Only the mandatory provisions (i.e., provisions containing the word "shall" or other mandatory language) of standards incorporated by reference are adopted as standards under the Occupational Safety and Health Act. 1910.6(a)(1)
(2) Any changes in the standards incorporated 1910.6(a)(2)
(3) The standards listed in this section 1910.6(a)(3)
(4) Copies of standards listed 1910.6(a)(4)
(r) (1) The following materials are available for purchase from the International Standards Organization (ISO) through ANSI, 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; Telephone: 212-642-4980; Fax: 212-302-1286; Email: info@ansi.org; Web site: http://www.ansi.org 1910.6(r)(1)
(2) Documents not available in the ANSI (i)-(v) 1910.6(r)(2)
§1910.7 Definition and requirements for a
nationally recognized testing laboratory
(a) Application. This section shall apply only when the term nationally recognized testing laboratory is used in other sections of this part. 1910.7(a)
(b) Laboratory requirements. 1910.7(b)
The term nationally recognized testing laboratory (NRTL) means an organization which is recognized by OSHA in accordance with appendix A of this section and which tests for safety, and lists or labels or accepts, equipment or materials and which meets all of the following criteria:
(1) For each specified item of equipment (i)-(ii) (2) The NRTL shall provide, (i)-(iii) (3) The NRTL is completely independent (4) The NRTL maintains effective (i)-(ii) (c) Test standards. (1)-(4) 1910.7(c)
(a) Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation.1910.9(a)
(b) Training. Standards in this part requiring training on hazards and related matters, such as standards requiring that employees receive training or that the employer train employees, provide training to employees, or institute or implement a training program, impose a separate compliance duty with respect to each employee covered by the requirement. The employer must train each affected employee in the manner required by the standard, and each failure to train an employee may be considered a separate violation.1910.9(b)
Subpart B – Adoption and Extension of Established Federal Standards
§1910.11 Scope and purpose
(a) The provisions of this subpart B 1910.11(a)
(b) It bears emphasis that only standards 1910.11(b)
§1910.12 Construction work
(a) Standards. The standards prescribed in part 1926 of this chapter are adopted as occupational safety and health standards under section 6 of the Act and shall apply, according to the provisions thereof, to every employment and place of employment of every employee engaged in construction work. Each employer shall protect the employment and places of employment of each of his employees engaged in construction work by complying with the appropriate standards prescribed in this paragraph.1910.12(a)
(b) Definition. 1910.12(b)
(c) Construction Safety Act distinguished. 1910.12(c)
(d) For the purposes of this part, 1910.12(d)
§1910.19 Special provisions for air contaminants
(a) Asbestos, tremolite, anthophyllite, and actinolite dust. Section 1910.1001 shall apply to the exposure of every employee to asbestos, tremolite, anthophyllite, and actinolite dust in every employment and place of employment covered by §1910.16, in lieu of any different standard on exposure to asbestos, tremolite, anthophyllite, and actinolite dust which would otherwise be applicable by virtue of any of those sections.1910.19(a)
(b) Vinyl chloride. 1910.19(b)
(c) Acrylonitrile. 1910.19(c)
(d) [Reserved] 1910.19(d)
(e) Inorganic arsenic. 1910.19(e)
(f) [Reserved] 1910.19(f)
(g) Lead. Section 1910.1025 shall apply to the exposure of every employee to lead in every employment and place of employment covered by §§1910.13, 1910.14, 1910.15, and 1910.16, in lieu of any different standard on exposure to lead which would otherwise be applicable by virtue of those sections.1910.19(g)
(h) Ethylene oxide. 1910.19(h)
(i) 4,4'-Methylenedianiline (MDA). 1910.19(i)
(j) Formaldehyde. 1910.19(j)
(k) Cadmium. 1910.19(k)
(l) 1,3-Butadiene (BD). 1910.19(l)
(m) Methylene chloride (MC). 1910.19(m)
Subpart D – Walking-Working Surfaces
§1910.21 Scope and definitions
(a) Scope. This subpart applies to all general industry workplaces. It covers all walking-working surfaces unless specifically excluded by an individual section of this subpart.1910.21(a)
(b) Definitions. The following definitions apply in this subpart: Authorized means an employee who the employer assigns to perform a specific type of duty, or allows in a specific location or area. Dangerous equipment means equipment, such as vats, tanks, electrical equipment, machinery, equipment or machinery with protruding parts, or other similar units, that, because of their function or form, may harm an employee who falls into or onto the equipment.
Dockboard means a portable or fixed device that spans a gap or compensates for a difference in elevation between a loading platform and a transport vehicle. Dockboards include, but are not limited to, bridge plates, dock plates, and dock levelers.
Fall hazard means any condition on a walking-working surface that exposes an employee to a risk of harm from a fall on the same level or to a lower level.
Fall protection means any equipment, device, or system that prevents an employee from falling from an elevation or mitigates the effect of such a fall.
Hoist area means any elevated access opening to a walkingworking surface through which equipment or materials are loaded or received.
Hole means a gap or open space in a floor, roof, horizontal walking-working surface, or similar surface that is at least 2 inches (5 cm) in its least dimension.
Low-slope roof means a roof that has a slope less than or equal to a ratio of 4 in 12 (vertical to horizontal).
Lower level means a surface or area to which an employee could fall. Such surfaces or areas include, but are not limited to, ground levels, floors, roofs, ramps, runways, excavations, pits, tanks, materials, water, equipment, and similar surfaces and structures, or portions thereof.
Opening means a gap or open space in a wall, partition, vertical walking-working surface, or similar surface that is at least 30 inches (76 cm) high and at least 18 inches (46 cm) wide, through which an employee can fall to a lower level.
Personal fall arrest system means a system used to arrest an employee in a fall from a walking-working surface. It consists of a body harness, anchorage, and connector. The means of connection may include a lanyard, deceleration device, lifeline, or a suitable combination of these.
Personal fall protection system means a system (including all components) an employer uses to provide protection from falling or to safely arrest an employee's fall if one occurs. Examples of personal fall protection systems include personal fall arrest systems, positioning systems, and travel restraint systems.
Positioning system (work-positioning system) means a system of equipment and connectors that, when used with a body harness or body belt, allows an employee to be supported on an elevated vertical surface, such as a wall or window sill, and work with both hands free. Positioning systems also are called "positioning system devices" and "work-positioning equipment."
Qualified describes a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.
Scaffold means any temporary elevated or suspended platform and its supporting structure, including anchorage points, used to support employees, equipment, materials, and other items. For purposes of this subpart, a scaffold does not include a crane-suspended or derrick-suspended personnel platform or a rope descent system.
Toeboard means a low protective barrier that is designed to prevent materials, tools, and equipment from falling to a lower level, and protect employees from falling.
Travel restraint system means a combination of an anchorage, anchorage connector, lanyard (or other means of connection), and body support that an employer uses to eliminate the possibility of an employee going over the edge of a walking-working surface. Walking-working surface means any horizontal or vertical surface on or through which an employee walks, works, or gains access to a work area or workplace location.
§1910.22 General requirements
(a) Surface conditions. The employer must ensure:1910.22(a)
(1) All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition. 1910.22(a)(1)
(2) The floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition. When wet processes are used, drainage must be maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats must be provided. 1910.22(a)(2)
Letter of Interpretation (LOI) Stop: Wet floors due to weather conditions or the entry of vehicles containing melting snow would be subject to 1910.22(a)(2). Depending on the circumstances, this could require more than regularly schedule housekeeping. [But] weather conditions would not constitute a wet process.
(3) Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice. 1910.22(a)(3)
(b) Loads. 1910.22(b)
(c) Access and egress. The employer must provide, and ensure each employee uses, a safe means of access and egress to and from walking-working surfaces.1910.22(c)
(d) Inspection, maintenance, and repair. The employer must ensure:1910.22(d)
(1) Walking-working surfaces are inspected, regularly and as necessary, and maintained in a safe condition; 1910.22(d)(1)
Letter of Interpretation (LOI) Stop: Lessor and lessee responsibilities. The relationship of a building owner and a tenant is that of 'lessor' and 'lessee.' The tenant's employees are his responsibility. The employer of the employees who are exposed to a recognized hazard would be cited in the event of an inspection.
(2) Hazardous conditions on walking-working surfaces are corrected or repaired before an employee uses the walking-working surface again. If the correction or repair cannot be made immediately, the hazard must be guarded to prevent employees from using the walking-working surface until the hazard is corrected or repaired; and 1910.22(d)(2)
(3) When any correction or repair involves the structural integrity of the walking-working surface, a qualified person performs or supervises the correction or repair. 1910.22(d)(3)
§1910.23 Ladders
(a) Application. The employer must ensure that each ladder used meets the requirements of this section. This section covers all ladders, except when the ladder is:1910.23(a)
(1) Used in emergency operations 1910.23(a)(1)
(2) Designed into or is an integral part of machines 1910.23(a)(2)
(b) General requirements for all ladders. The employer must ensure:1910.23(b)
(1) Ladder rungs, steps, and cleats are parallel, 1910.23(b)(1)
(2) Ladder rungs, steps, and cleats are spaced (i)-(ii) 1910.23(b)(2)
(3) Steps on stepstools are spaced 1910.23(b)(3)
(4) Ladder rungs, steps, and cleats have a minimum clear width (i)-(iv) 1910.23(b)(4)
(5) Wooden ladders are not coated with any material that may obscure structural defects; 1910.23(b)(5)
(6) Metal ladders are made with corrosion-resistant material or protected against corrosion; 1910.23(b)(6)
(7) Ladder surfaces are free of puncture and laceration hazards; 1910.23(b)(7)
(8) Ladders are used only for the purposes for which they were designed; 1910.23(b)(8)
(9) Ladders are inspected before initial use in each work shift, and more frequently as necessary, to identify any visible defects that could cause employee injury; 1910.23(b)(9)
(10) Any ladder with structural or other defects is immediately tagged "Dangerous: Do Not Use" or with similar language in accordance with §1910.145 and removed from service until repaired in accordance with §1910.22(d), or replaced; 1910.23(b)(10)
(11) Each employee faces the ladder when climbing up or down it; 1910.23(b)(11)
(12) Each employee uses at least one hand to grasp the ladder when climbing up and down it; and 1910.23(b)(12)
(13) No employee carries any object or load that could cause the employee to lose balance and fall while climbing up or down the ladder. 1910.23(b)(13)
(c) Portable ladders. The employer must ensure:1910.23(c)
(1) Rungs and steps of portable metal ladders are corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize the possibility of slipping; 1910.23(c)(1)
(2) Each stepladder or combination ladder used in a stepladder mode is equipped with a metal spreader or locking device that securely holds the front and back sections in an open position while the ladder is in use; 1910.23(c)(2)
(3) Ladders are not loaded beyond the maximum intended load; 1910.23(c)(3)
Note to paragraph (c)(3): The maximum intended load, as defined in §1910.21(b), includes the total load (weight and force) of the employee and all tools, equipment, and materials being carried.
(4) Ladders are used only on stable and level surfaces unless they are secured or stabilized to prevent accidental displacement; 1910.23(c)(4)
(5) No portable single rail ladders 1910.23(c)(5)
(6) No ladder is moved, shifted, or extended while an employee is on it; 1910.23(c)(6)
(7) Ladders placed in locations such as passageways, doorways, or driveways where they can be displaced by other activities or traffic: 1910.23(c)(7)
(i) Are secured to prevent accidental displacement; or 1910.23(c)(7)(i)
(ii) Are guarded by a temporary barricade, 1910.23(c)(7)(ii)
(8) The cap (if equipped) and top step of a stepladder are not used as steps; 1910.23(c)(8)
(9) Portable ladders used on slippery surfaces are secured and stabilized; 1910.23(c)(9)
(10) The top of a non-self-supporting ladder is placed so that both side rails are supported, 1910.23(c)(10)
(11) Portable ladders used to gain access to an upper landing surface have side rails that extend at least 3 feet (0.9 m) above the upper landing surface (see Figure D-1 of this section); 1910.23(c)(11)
(12) Ladders and ladder sections are not tied or fastened together to provide added length unless they are specifically designed for such use; 1910.23(c)(12)
(13) Ladders are not placed on boxes, barrels, or other unstable bases to obtain additional height. 1910.23(c)(13)
(2) The minimum perpendicular distance 1910.23(d)(2) (3) Grab bars do not protrude on the climbing side 1910.23(d)(3) (4) The side rails of through (i)-(ii) 1910.23(d)(4) (i) The roof, 1910.23(d)(4)(i) (ii) The top of the parapet, 1910.23(d)(4)(ii)
(5) For through ladders, 1910.23(d)(5) (6) For side-step ladders, 1910.23(d)(6)
(7) Grab bars extend 1910.23(d)(7) (8) The minimum size (cross-section) 1910.23(d)(8) (9) When a fixed ladder terminates (i)-(ii) 1910.23(d)(9) (10) Individual-rung ladders are constructed 1910.23(d)(10) (11) Fixed ladders having 1910.23(d)(11)
(12) The step-across distance from the centerline (i)-(ii) 1910.23(d)(12)
(13) Fixed ladders that do (i)-(ii) 1910.23(d)(13) (e) Mobile ladder stands and mobile ladder stand platforms 1910.23(e)
(1) General requirements. The employer must ensure: 1910.23(e)(1) (i) Mobile ladder stands and platforms have a step width 1910.23(e)(1)(i)
(ii) The steps and platforms of mobile ladder stands and platforms are slip resistant. 1910.23(e)(1)(ii)
(iii) Mobile ladder stands and platforms are capable of supporting 1910.23(e)(1)(iii)
(iv) Wheels or casters under load are capable of supporting 1910.23(e)(1)(iv)
(v) Unless otherwise specified 1910.23(e)(1)(v)
(vi) The maximum work-surface height 1910.23(e)(1)(vi)
(vii) Mobile ladder stands and platforms that have wheels or casters 1910.23(e)(1)(vii)
(viii) No mobile ladder stand or platform moves when an employee is on it. 1910.23(e)(1)(viii)
(2) Design requirements for mobile ladder stands. (i)-(iii) 1910.23(e)(2)
(3) Design requirements for mobile ladder stand platforms. (i)-(iv) 1910.23(e)(3)
§1910.25 Stairways
(a) Application. 1910.25(a)
(b) General requirements. The employer must ensure:1910.25(b)
(1) Handrails, stair rail systems, and guardrail systems are provided in accordance with §1910.28; 1910.25(b)(1)
(2) Vertical clearance above 1910.25(b)(2)
(3) Stairs have uniform riser heights and tread depths between landings; 1910.25(b)(3)
(4) Stairway landings and platforms are at least the width of the stair and at least 30 inches (76 cm) in depth, as measured in the direction of travel; 1910.25(b)(4)
(5) When a door or a gate opens directly on a stairway, a platform is provided, and the swing of the door or gate does not reduce the platform's effective usable depth to: 1910.25(b)(5)
(i) Less than 20 1910.25(b)(5)(i)
(ii) Less than 22 inches (56 cm) for platforms installed on or after January 17, 2017 (see Figure D-7 of this section); 1910.25(b)(5)(ii)
(6) Each stair can support at least five times the normal anticipated live load, but never less than a concentrated load of 1,000 pounds (454 kg) applied at any point; 1910.25(b)(6)
(7) Standard stairs are used 1910.25(b)(7)
(8) Spiral, ship, 1910.25(b)(8)
(9) When paragraph (b)(8) of this section 1910.25(b)(9)
(c) Standard stairs. In addition to paragraph (b) of this section, the employer must ensure standard stairs:1910.25(c)
(1) Are installed at angles between 30 to 50 degrees from the horizontal; 1910.25(c)(1)
(2) Have a maximum riser height of 9.5 inches (24 cm); 1910.25(c)(2) (3) Have a minimum tread depth of 9.5 inches (24 cm); and 1910.25(c)(3)
(4) Have a minimum width of 22 inches (56 cm) between vertical barriers (see Figure D-8 of this section). 1910.25(c)(4)
(5) Exception to paragraphs (c)(2) and (3) of this section. 1910.25(c)(5)
The employer must ensure that each dockboard used meets the requirements of this section. The employer must ensure:
(d)
(1) Fixed ladders are capable of supporting their maximum intended load; 1910.23(d)(1)
(a) Dockboards are capable of supporting the maximum intended load in accordance with §1910.22(b);1910.26(a)
Figure D-1 — Portable ladder Set-up
Fixed ladders. The employer must ensure:1910.23(d)
(b) (1) Dockboards put into initial service on or after January 17, 2017 are designed, constructed, and maintained to prevent transfer vehicles from running off the dockboard edge; 1910.26(b)(1)
(2) Exception to paragraph (b)(1) of this section. When the employer demonstrates there is no hazard of transfer vehicles running off the dockboard edge, the employer may use dockboards that do not have run-off protection. 1910.26(b)(2)
(c) Portable dockboards are secured by anchoring them in place or using equipment or devices that prevent the dockboard from moving out of a safe position. When the employer demonstrates that securing the dockboard is not feasible, the employer must ensure there is sufficient contact between the dockboard and the surface to prevent the dockboard from moving out of a safe position;1910.26(c)
(d) Measures, such as wheel chocks or sand shoes, are used to prevent the transport vehicle (e.g. a truck, semi-trailer, trailer, or rail car) on which a dockboard is placed, from moving while employees are on the dockboard; and1910.26(d)
(e) Portable dockboards are equipped with handholds or other means to permit safe handling of dockboards.1910.26(e)
§1910.27
Scaffolds and rope descent systems
(a) Scaffolds. Scaffolds used in general industry must meet the requirements in 29 CFR part 1926, subpart L (Scaffolds).1910.27(a)
(b) Rope descent systems (1)-(2) 1910.27(b)
(1) Anchorages. (i)-(iii) 1910.27(b)(1) (2) Use of rope descent systems. (i)-(xiii) 1910.27(b)(2)
§1910.28 Duty to have fall protection and falling object protection
(a) General. 1910.28(a)
(1) This section requires employers to provide protection for each employee exposed to fall and falling object hazards. Unless stated otherwise, the employer must ensure that all fall protection and falling object protection required by this section meet the criteria in §1910.29, except that personal fall protection systems required by this section meet the criteria of §1910.140. 1910.28(a)(1)
(2) This section does not apply: (i)-(vii) 1910.28(a)(2)
(b) Protection from fall hazards — 1910.28(b)
(1) Unprotected sides and edges. 1910.28(b)(1)
(i) Except as provided elsewhere in this section, the employer must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the following: 1910.28(b)(1)(i)
[A] Guardrail systems; 1910.28(b)(1)(i)[A]
[B] Safety net systems; or 1910.28(b)(1)(i)[B]
[C] Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems. 1910.28(b)(1)(i)[C]
(ii) When the employer can demonstrate that it is not feasible or creates a greater hazard to use guardrail, safety net, or personal fall protection systems on residential roofs, the employer must develop and implement a fall protection plan that meets the requirements of 29 CFR 1926.502(k) and training that meets the requirements of 29 CFR 1926.503(a) and (c). 1910.28(b)(1)(ii)
Note to paragraph (b)(1)(ii) of this section: There is a presumption that it is feasible and will not create a greater hazard to use at least one of the above-listed fall protection systems specified in paragraph (b)(1)(i) of this section. Accordingly, the employer has the burden of establishing that it is not feasible or creates a greater hazard to provide the fall protection systems specified in paragraph (b)(1)(i) and that it is necessary to implement a fall protection plan that complies with §1926.502(k) in the particular work operation, in lieu of implementing any of those systems.
(iii) When the employer can demonstrate [A]-[C] 1910.28(b)(1)(iii)
(2) Hoist areas. The employer must ensure: 1910.28(b)(2)
(i) Each employee in a hoist area is protected from falling 4 feet (1.2 m) or more to a lower level by: 1910.28(b)(2)(i)
[A] A guardrail system; 1910.28(b)(2)(i)[A]
[B] A personal fall arrest system; or 1910.28(b)(2)(i)[B]
[C] A travel restraint system. 1910.28(b)(2)(i)[C]
(ii) When any portion of a guardrail system, gate, or chains is removed, and an employee must lean through or over the edge of the access opening to facilitate hoisting, the employee is protected from falling by a personal fall arrest system. 1910.28(b)(2)(ii)
(iii) If grab handles are installed at hoist areas, they meet the requirements of §1910.29(l). 1910.28(b)(2)(iii)
(3) Holes. The employer must ensure: 1910.28(b)(3)
(i) Each employee is protected from falling through any hole (including skylights) that is 4 feet (1.2 m) or more above a lower level by one or more of the following: 1910.28(b)(3)(i)
[A] Covers; 1910.28(b)(3)(i)[A]
[B] Guardrail systems; 1910.28(b)(3)(i)[B]
[C] Travel restraint systems; or 1910.28(b)(3)(i)[C]
[D] Personal fall arrest systems. 1910.28(b)(3)(i)[D]
(ii) Each employee is protected from tripping into or stepping into or through any hole that is less than 4 feet (1.2 m) above a lower level by covers or guardrail systems. 1910.28(b)(3)(ii)
(iii) Each employee is protected from falling into a stairway floor hole by a fixed guardrail system on all exposed sides, 1910.28(b)(3)(iii)
(iv) Each employee is protected from falling into a ladderway floor hole 1910.28(b)(3)(iv)
(v) Each employee is protected from falling through a hatchway and chute-floor hole by: [A]-[C] 1910.28(b)(3)(v)
[B] A removable guardrail system and toeboards on not more than two sides of the hole and a fixed guardrail system on all other exposed sides. The employer must ensure the removable guardrail system is kept in place when the hole is not in use; or 1910.28(b)(3)(v)[B]
[C] A guardrail system or a travel restraint system when a work operation necessitates passing material through a hatchway or chute floor hole. 1910.28(b)(3)(v)[C]
(4) Dockboards. 1910.28(b)(4)
(i) The employer must ensure that each employee on a dockboard is protected from falling 4 feet (1.2 m) or more to a lower level by a guardrail system or handrails. 1910.28(b)(4)(i)
(ii) A guardrail system or handrails are not required [A]-[C] 1910.28(b)(4)(ii)
(5) Runways and similar walkways. 1910.28(b)(5)
(i) The employer must ensure each employee on a runway or similar walkway is protected from falling 4 feet (1.2 m) or more to a lower level by a guardrail system. 1910.28(b)(5)(i)
(ii) When the employer can demonstrate that it is not feasible [A]-[B] 1910.28(b)(5)(ii)
(6) Dangerous equipment. The employer must ensure: 1910.28(b)(6)
(i) Each employee less than 4 feet (1.2 m) above dangerous equipment is protected from falling into or onto the dangerous equipment by a guardrail system or a travel restraint system, unless the equipment is covered or guarded to eliminate the hazard. 1910.28(b)(6)(i)
(ii) Each employee 4 feet (1.2 m) or more above dangerous equipment must be protected from falling by: 1910.28(b)(6)(ii)
[A] Guardrail systems; 1910.28(b)(6)(ii)[A]
[B] Safety net systems; 1910.28(b)(6)(ii)[B]
[C] Travel restraint systems; or 1910.28(b)(6)(ii)[C]
[D] Personal fall arrest systems. 1910.28(b)(6)(ii)[D]
(7) Openings. The employer must ensure that each employee on a walking-working surface near an opening, including one with a chute attached, where the inside bottom edge of the opening is less than 39 inches (99 cm) above that walking-working surface and the outside bottom edge of the opening is 4 feet (1.2 m) or more above a lower level is protected from falling by the use of: 1910.28(b)(7)
(11) Stairways. The employer must ensure: (i)-(iii) 1910.28(b)(11)
(i) Each employee exposed to an unprotected side or edge of a stairway landing that is 4 feet (1.2 m) or more above a lower level is protected by a guardrail or stair rail system; 1910.28(b)(11)(i)
(ii) Each flight of stairs having at least 3 treads and at least 4 risers is equipped with stair rail systems and handrails as follows: 1910.28(b)(11)(ii)
Table D-2 — Stairway Handrail Requirements
Stair width Enclosed One open side Two open sides With earth built up on both sides
Less than 44 inches (1.1 m). At least one handrail.
44 inches (1.1 m) to 88 inches (2.2 m).
Greater than 88 inches (2.2 m).
One handrail on each enclosed side.
One handrail on each enclosed side and one intermediate handrail located in the middle of the stair.
Exterior stairs less than 44 inches (1.1 m).
One stair rail system with handrail on open side.
One stair rail system with handrail on open side and one handrail on enclosed side.
One stair rail system with handrail on open side, one handrail on enclosed side, and one intermediate handrail located in the middle of the stair.
One stair rail system each open side.
One stair rail system with handrail on each open side.
One stair rail system with handrail on each open side and one intermediate handrail located in the middle of the stair.
One handrail on at least one side.
Note to table: The width of the stair must be clear of all obstructions except handrails.
(12) Scaffolds and rope descent systems. (i)-(ii) 1910.28(b)(12)
(13) Work on low-slope roofs. 1910.28(b)(13)
(i) When work is performed less than 6 feet (1.6 m) from the roof edge, the employer must ensure each employee is protected from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system.1910.28(b)(13)(i)
(ii) When work is performed at least 6 feet (1.6 m) but less than 15 feet (4.6 m) from the roof edge, the employer must ensure each employee is protected from falling by using a guardrail system, safety net system, travel restraint system, or personal fall arrest system. The employer may use a designated area when performing work that is both infrequent and temporary. 1910.28(b)(13)(ii)
(iii) When work is performed 15 feet (4.6 m) or more from the roof edge, the employer must: 1910.28(b)(13)(iii)
[A] Protect each employee from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system or a designated area. The employer is not required to provide any fall protection, provided the work is both infrequent and temporary; and 1910.28(b)(13)(iii)[A]
[B] Implement and enforce a work rule prohibiting employees from going within 15 feet (4.6 m) of the roof edge without using fall protection in accordance with paragraphs (b)(13)(i) and (ii) of this section. 1910.28(b)(13)(iii)[B]
(15) Walking-working surfaces not otherwise addressed. (i)-(iii) 1910.28(b)(15)
(c) Protection from falling objects. When an employee is exposed to falling objects, the employer must ensure that each employee wears head protection that meets the requirements of subpart I of this part. In addition, the employer must protect employees from falling objects by implementing one or more of the following:1910.28(c)
(1) Erecting toeboards, screens, or guardrail systems to prevent objects from falling to a lower level; 1910.28(c)(1)
(2) Erecting canopy structures and keeping potential falling objects far enough from an edge, hole, or opening to prevent them from falling to a lower level; or 1910.28(c)(2)
(3) Barricading the area into which objects could fall, prohibiting employees from entering the barricaded area, and keeping objects far enough from an edge or opening to prevent them from falling to a lower level. 1910.28(c)(3)
§1910.29 Fall protection systems and falling object protection — criteria and practices
(a) General requirements. (1)-(2) 1910.29(a)
(1) Ensure each fall protection 1910.29(a)(1)
(2) Provide and install all fall 1910.29(a)(2)
(b) Guardrail systems. The employer must ensure guardrail systems meet the following requirements:1910.29(b)
(1) The top edge height of top rails, or equivalent guardrail system members, are 42 inches (107 cm), plus or minus 3 inches (8 cm), above the walking-working surface. The top edge height may exceed 45 inches (114 cm), provided the guardrail system meets all other criteria of paragraph (b) of this section (see Figure D-11 of this section). 1910.29(b)(1)
(2) Midrails, screens, mesh, intermediate vertical members, solid panels, or equivalent intermediate members are installed between the walking-working surface and the top edge of the guardrail system as follows when there is not a wall or parapet that is at least 21 inches (53 cm) high: 1910.29(b)(2)
(i) Midrails are installed at a height midway between the top edge of the guardrail system and the walking-working surface; 1910.29(b)(2)(i)
(ii) Screens and mesh extend from the walking-working surface to the top rail and along the entire opening between top rail supports; 1910.29(b)(2)(ii)
(iii) Intermediate vertical members (such as balusters) are installed no more than 19 inches (48 cm) apart; and 1910.29(b)(2)(iii)
(iv) Other equivalent intermediate members (such as additional midrails and architectural panels) are installed so that the openings are not more than 19 inches (48 cm) wide. 1910.29(b)(2)(iv)
(3) Guardrail systems are capable of withstanding, without failure, a force of at least 200 pounds (890 N) applied in a downward or outward direction within 2 inches (5 cm) of the top edge, at any point along the top rail. 1910.29(b)(3)
(4) When the 200-pound (890-N) test load is applied in a downward direction, the top rail of the guardrail system must not deflect to a height of less than 39 inches (99 cm) above the walking-working surface. 1910.29(b)(4)
(6) Guardrail systems are smooth-surfaced 1910.29(b)(6)
(7) The ends of top rails and midrails do not overhang 1910.29(b)(7)
(8) Steel banding and plastic banding are not used 1910.29(b)(8)
(9) Top rails and midrails 1910.29(b)(9)
(10) When guardrail systems are used at hoist areas, 1910.29(b)(10)
(11) When guardrail systems are used around holes, 1910.29(b)(11)
(12) For guardrail systems used around holes through which materials may be passed: (i)-(ii) 1910.29(b)(12)
(13) When guardrail systems are used around holes that serve as points of access (i)-(ii) 1910.29(b)(13)
(14) Guardrail systems on ramps 1910.29(b)(14)
(15) Manila or synthetic rope 1910.29(b)(15)
(c) Safety net systems. 1910.29(c)
(d) Designated areas. 1910.29(d)
(1) When the employer uses a designated area, the employer must ensure: 1910.29(d)(1)
(i) Employees remain within the designated area while work operations are underway; and 1910.29(d)(1)(i)
(ii) The perimeter of the designated area is delineated with a warning line consisting of a rope, wire, tape, or chain that meets the requirements of paragraphs (d)(2) and (3) of this section. 1910.29(d)(1)(ii)
(2) The employer must ensure each warning line: (i)-(vi) 1910.29(d)(2)
(i) Has a minimum breaking 1910.29(d)(2)(i)
(ii) Is installed so its lowest point, 1910.29(d)(2)(ii)
(iii) Is supported in such a manner 1910.29(d)(2)(iii)
(iv) Is clearly visible from a distance 1910.29(d)(2)(iv)
(v) Is erected as close to the work 1910.29(d)(2)(v)
(vi) Is erected not less than 1910.29(d)(2)(vi)
(3) When mobile mechanical equipment 1910.29(d)(3)
§1910.30 Succinct General Industry Regulations and Standards
(e) Covers. (1)-(2) 1910.29(e)
(f) Handrails and stair rail systems. The employer must ensure: 1910.29(f)
(1) Height criteria. 1910.29(f)(1) (i) Handrails are not less than 30 inches (76 cm) and not more than 38 inches (97 cm), as measured from the leading edge of the stair tread to the top surface of the handrail (see Figure D-12 of this section). 1910.29(f)(1)(i)
(ii) The height of stair rail [A]-[B] 1910.29(f)(1)(ii)
(iii) The top rail of a stair [A]-[B] 1910.29(f)(1)(iii)
(2) Finger clearance. 1910.29(f)(2)
(3) Surfaces. Handrails and stair rail systems are smooth-surfaced to protect employees from injury, such as punctures or lacerations, and to prevent catching or snagging of clothing. 1910.29(f)(3)
(4) Openings in stair rails. 1910.29(f)(4)
(5) Handhold. 1910.29(f)(5)
(6) Projection hazards. 1910.29(f)(6)
(7) Strength criteria. 1910.29(f)(7)
(g) Cages, wells, and platforms used with fixed ladders. (1)-(4) 1910.29(g)
(1) Cages and wells installed 1910.29(g)(1)
(2) Cages and wells are continuous 1910.29(g)(2) (3) Cages and wells are designed, 1910.29(g)(3) (h) Outdoor advertising. (1)-(4) 1910.29(h) (i) Ladder safety systems. (1)-(6) 1910.29(i) (j) Personal fall protection systems. 1910.29(j) (k) Protection from falling objects. 1910.29(k)
(1) The employers must ensure toeboards used for falling object protection: 1910.29(k)(1)
(i) Are erected along the exposed edge 1910.29(k)(1)(i)
(ii) Have a minimum vertical height of 3.5 inches 1910.29(k)(1)(ii)
(iii) Do not have more than a 0.25-inch (0.5-cm) clearance 1910.29(k)(1)(iii)
(iv) Are solid or do not have any opening that exceeds 1 inch (3 cm) at its greatest dimension. 1910.29(k)(1)(iv)
(v) Have a minimum height of 2.5 inches (6 cm) when used around vehicle repair, service, or assembly pits. Toeboards may be omitted around vehicle repair, service, or assembly pits when the employer can demonstrate that a toeboard would prevent access to a vehicle that is over the pit.1910.29(k)(1)(v)
(vi) Are capable of withstanding, without failure, a force of at least 50 pounds (222 N) applied in any downward or outward direction at any point along the toeboard. 1910.29(k)(1)(vi)
(2) The employer must ensure: 1910.29(k)(2)
(i) Where tools, equipment, or materials are piled higher than the top of the toeboard, paneling or screening is installed from the toeboard to the midrail of the guardrail system and for a length that is sufficient to protect employees below. If the items are piled higher than the midrail, the employer also must install paneling or screening to the top rail and for a length that is sufficient to protect employees below; and1910.29(k)(2)(i)
(ii) All openings in guardrail systems are small enough to prevent objects from falling through the opening. 1910.29(k)(2)(ii)
(3) The employer must ensure canopies 1910.29(k)(3)
(l) Grab handles. (1)-(3) 1910.29(l)
§1910.30
Training requirements
(a) Fall hazards. 1910.30(a)
(1) Before any employee is exposed to a fall hazard, the employer must provide training for each employee who uses personal fall protection systems or who is required to be trained as specified elsewhere in this subpart. Employers must ensure employees are trained in the requirements of this paragraph on or before May 17, 2017. 1910.30(a)(1)
(2) The employer must ensure that each employee is trained by a qualified person. 1910.30(a)(2)
(3) The employer must train each employee in at least the following topics: 1910.30(a)(3)
(i) The nature of the fall hazards in the work area and how to recognize them; 1910.30(a)(3)(i)
(ii) The procedures to be followed to minimize those hazards; 1910.30(a)(3)(ii)
(iii) The correct procedures for installing, inspecting, operating, maintaining, and disassembling the personal fall protection systems that the employee uses; and 1910.30(a)(3)(iii)
(iv) The correct use of personal fall protection systems and equipment specified in paragraph (a)(1) of this section, including, but not limited to, proper hook-up, anchoring, and tie-off techniques, and methods of equipment inspection and storage, as specified by the manufacturer. 1910.30(a)(3)(iv)
(b) Equipment hazards. 1910.30(b)
(1) The employer must train each employee on or before May 17, 2017 in the proper care, inspection, storage, and use of equipment covered by this subpart before an employee uses the equipment. 1910.30(b)(1)
(2) The employer must train each employee who uses a dockboard to properly place and secure it to prevent unintentional movement. 1910.30(b)(2)
(3) The employer must train each employee who uses a rope descent system in proper rigging and use of the equipment in accordance with §1910.27. 1910.30(b)(3)
(4) The employer must train each employee who uses a designated area in the proper set-up and use of the area. 1910.30(b)(4)
(c) Retraining. The employer must retrain an employee when the employer has reason to believe the employee does not have the understanding and skill required by paragraphs (a) and (b) of this section. Situations requiring retraining include, but are not limited to, the following:1910.30(c)
(1) When changes in the workplace render previous training obsolete or inadequate; 1910.30(c)(1)
(2) When changes in the types of fall protection systems or equipment to be used render previous training obsolete or inadequate; or 1910.30(c)(2)
(3) When inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee no longer has the requisite understanding or skill necessary to use equipment or perform the job safely. 1910.30(c)(3)
(d) Training must be understandable. 1910.30(d)
Subpart E – Exit Routes and Emergency Planning
§1910.34 Coverage and definitions
(a) Every employer is covered. Sections 1910.34 through 1910.39 apply to workplaces in general industry except mobile workplaces such as vehicles or vessels.1910.34(a)
(b) Exits routes are covered. The rules in §§1910.34 through 1910.39 cover the minimum requirements for exit routes that employers must provide in their workplace so that employees may evacuate the workplace safely during an emergency. Sections 1910.34 through 1910.39 also cover the minimum requirements for emergency action plans and fire prevention plans.1910.34(b)
(c) Definitions
Electroluminescent
Exit
Exit access
Exit discharge means the part of the exit route that leads directly outside or to a street, walkway, refuge area, public way, or open space with access to the outside. An example of an exit discharge is a door at the bottom of a two-hour fire resistance-rated enclosed stairway that discharges to a place of safety outside the building. Exit route means a continuous and unobstructed path of exit travel from any point within a workplace to a place of safety (including refuge areas). An exit route consists of three parts: The exit access; the exit; and, the exit discharge. (An exit route includes all vertical and horizontal areas along the route.)
High hazard area
Occupant load
Refuge area means either:
(1) A space along an exit route that is protected from the effects of fire by separation from other spaces within the building by a barrier with at least a one-hour fire resistance-rating; or
(2) A floor with at least two spaces, separated from each other by smoke-resistant partitions, in a building protected throughout by an automatic sprinkler system that complies with §1910.159 of this part.
Self-luminous
§1910.36
Design and construction requirements for exit routes
(a) Basic requirements. Exit routes must meet the following design and construction requirements:1910.36(a)
(1) An exit route must be permanent. 1910.36(a)(1)
(2) An exit must be separated by fire resistant materials. 1910.36(a)(2)
(3) Openings into an exit must be limited. An exit is permitted to have only those openings necessary to allow access to the exit from occupied areas of the workplace, or to the exit discharge. An opening into an exit must be protected by a self-closing fire door that remains closed or automatically closes in an emergency upon the sounding of a fire alarm or employee alarm system. Each fire door, including its frame and hardware, must be listed or approved by a nationally recognized testing laboratory. Section 1910.155(c)(3)(iv)(A) of this part defines "listed" and §1910.7 of this part defines a "nationally recognized testing laboratory." 1910.36(a)(3)
(b) The number of exit routes must be adequate. 1910.36(b)
(1) Two exit routes. At least two exit routes must be available in a workplace to permit prompt evacuation of employees and other building occupants during an emergency, except as allowed in paragraph (b)(3) of this section. The exit routes must be located as far away as practical from each other so that if one exit route is blocked by fire or smoke, employees can evacuate using the second exit route. 1910.36(b)(1)
(2) More than two exit routes. More than two exit routes must be available in a workplace if the number of employees, the size of the building, its occupancy, or the arrangement of the workplace is such that all employees would not be able to evacuate safely during an emergency. 1910.36(b)(2)
(3) A single exit route. 1910.36(b)(3)
(c) Exit discharge. 1910.36(c)
(1) Each exit discharge must lead directly outside or to a street, walkway, refuge area, public way, or open space with access to the outside. 1910.36(c)(1)
(2) The street, walkway, refuge area, public way, or 1910.36(c)(2)
(3) Exit stairs that continue beyond the level 1910.36(c)(3)
(d) An exit door must be unlocked. 1910.36(d)
(1) Employees must be able to open an exit route door from the inside at all times without keys, tools, or special knowledge. A device such as a panic bar that locks only from the outside is permitted on exit discharge doors. 1910.36(d)(1)
(2) Exit route doors must be free of any device or alarm 1910.36(d)(2)
(3) An exit route door may be locked from the inside 1910.36(d)(3)
(e) A side-hinged exit door must be used. 1910.36(e)
(1) A side-hinged door must be used to connect any room to an exit route. 1910.36(e)(1)
(2) The door that connects any room to an exit route 1910.36(e)(2)
(f) The capacity of an exit route must be adequate. 1910.36(f)
(1) Exit routes must support the maximum permitted occupant load for each floor served. 1910.36(f)(1)
(2) The capacity of an exit route 1910.36(f)(2)
(g) An exit route must meet minimum height and width requirements. 1910.36(g)
(h) An outdoor exit route is permitted. (1)-(4) 1910.36(h)
§1910.37 Maintenance, safeguards, and operational features for exit routes
(a) The danger to employees must be minimized. 1910.37(a)
(1) Exit routes must be kept free of explosive or highly flammable furnishings 1910.37(a)(1)
(2) Exit routes must be arranged 1910.37(a)(2)
(3) Exit routes must be free and unobstructed. No materials or equipment may be placed, either permanently or temporarily, within the exit route. The exit access must not go through a room that can be locked, such as a bathroom, to reach an exit or exit discharge, nor may it lead into a dead-end corridor. Stairs or a ramp must be provided where the exit route is not substantially level. 1910.37(a)(3)
(4) Safeguards designed to protect employees during an emergency 1910.37(a)(4)
(b) Lighting and marking must be adequate and appropriate. 1910.37(b)
(1) Each exit route must be adequately lighted so that an employee with normal vision can see along the exit route. 1910.37(b)(1)
(2) Each exit must be clearly visible and marked by a sign reading "Exit." 1910.37(b)(2)
(3) Each exit route door must be free of decorations or signs that obscure the visibility of the exit route door. 1910.37(b)(3)
(4) If the direction of travel to the exit or exit discharge is not immediately apparent, signs must be posted along the exit access indicating the direction of travel to the nearest exit and exit discharge. Additionally, the line-of-sight to an exit sign must clearly be visible at all times. 1910.37(b)(4)
(5) Each doorway or passage along an exit access that could be mistaken for an exit must be marked "Not an Exit" or similar designation, or be identified by a sign indicating its actual use (e.g., closet). 1910.37(b)(5)
(6) Each exit sign must be illuminated to a surface value of at least five foot-candles (54 lux) by a reliable light source and be distinctive in color. Self-luminous or electroluminescent signs that have a minimum luminance surface value of at least .06 footlamberts (0.21 cd/m2) are permitted. 1910.37(b)(6)
(7) Each exit sign must have the word "Exit" in plainly legible letters not less than six inches (15.2 cm) high, with the principal strokes of the letters in the word "Exit" not less than three-fourths of an inch (1.9 cm) wide. 1910.37(b)(7)
(c) The fire retardant properties of paints or solutions 1910.37(c)
(d) Exit routes must be maintained during construction, repairs, or alterations.(1)-(3) 1910.37(d)
(e) An employee alarm system must be operable. Employers must install and maintain an operable employee alarm system that has a distinctive signal to warn employees of fire or other emergencies, unless employees can promptly see or smell a fire or other hazard in time to provide adequate warning to them. The employee alarm system must comply with §1910.165.1910.37(e)
§1910.38 Emergency action plans
(a) Application. An employer must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements in this section apply to each such emergency action plan.1910.38(a)
(b) Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.1910.38(b)
(c) Minimum elements of an emergency action plan. An emergency action plan must include at a minimum:1910.38(c)
(1) Procedures for reporting a fire or other emergency; 1910.38(c)(1)
(2) Procedures for emergency evacuation, including type of evacuation and exit route assignments; 1910.38(c)(2)
(3) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate; 1910.38(c)(3)
(4) Procedures to account for all employees after evacuation; 1910.38(c)(4)
(5) Procedures to be followed by employees performing rescue or medical duties; and 1910.38(c)(5)
(6) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan. 1910.38(c)(6)
(d) Employee alarm system. An employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements in §1910.165.1910.38(d)
(e) Training. An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.1910.38(e)
(f) Review of emergency action plan. An employer must review the emergency action plan with each employee covered by the plan: 1910.38(f)
(1) When the plan is developed or the employee is assigned initially to a job; 1910.38(f)(1)
(2) When the employee's responsibilities under the plan change; and 1910.38(f)(2)
(3) When the plan is changed. 1910.38(f)(3)
§1910.39 Fire prevention plans
(a) Application. An employer must have a fire prevention plan when an OSHA standard in this part requires one. The requirements in this section apply to each such fire prevention plan.1910.39(a)
(b) Written and oral fire prevention plans. A fire prevention plan must be in writing, be kept in the workplace, and be made available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.1910.39(b)
(c) Minimum elements of a fire prevention plan. A fire prevention plan must include:1910.39(c)
(1) A list of all major fire hazards, proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard; 1910.39(c)(1)
(2) Procedures to control accumulations of flammable and combustible waste materials; 1910.39(c)(2)
(3) Procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials; 1910.39(c)(3)
(4) The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and 1910.39(c)(4)
(5) The name or job title of employees responsible for the control of fuel source hazards. 1910.39(c)(5)
(d) Employee information. An employer must inform employees upon initial assignment to a job of the fire hazards to which they are exposed. An employer must also review with each employee those parts of the fire prevention plan necessary for self-protection.1910.39(d)
Appendix to Subpart E of Part 1910 — Exit Routes, Emergency Action Plans, and Fire Prevention Plans
This appendix serves as a nonmandatory guideline to assist employers in complying with the appropriate requirements of subpart E. §1910.38 Employee emergency plans.
1. Emergency action plan elements. The emergency action plan should address emergencies that the employer may reasonably expect in the workplace. Examples are: fire; toxic chemical releases; hurricanes; tornadoes; blizzards; floods; and others. The elements of the emergency action plan presented in paragraph §1910.38(c) can be supplemented by the following to more effectively achieve employee safety and health in an emergency. The employer should list in detail the procedures to be taken by those employees who have been selected to remain behind to care for essential plant operations until their evacuation becomes absolutely necessary. Essential plant operations may include the monitoring of plant power supplies, water supplies, and other essential services which cannot be shut down for every emergency alarm. Essential plant operations may also include chemical or manufacturing processes which must be shut down in stages or steps where certain employees must be present to assure that safe shut down procedures are completed.
The use of floor plans or workplace maps which clearly show the emergency escape routes should be included in the emergency action plan. Color coding will aid employees in determining their route assignments. The employer should also develop and explain in detail what rescue and medical first aid duties are to be performed and by whom. All employees are to be told what actions they are to take in these emergency situations that the employer anticipates may occur in the workplace.
Subpart G – Occupational Health and Environmental Control
§1910.95 Occupational noise exposure
(a) Protection against the effects of noise exposure shall be provided when the sound levels exceed those shown in Table G-16 when measured on the A scale of a standard sound level meter at slow response. When noise levels are determined by octave band analysis, the equivalent A-weighted sound level may be determined as follows:1910.95(a)
corresponding to the point of highest penetration into the sound level contours. This equivalent A-weighted sound level, which may differ from the actual A- weighted sound level of the noise, is used to determine exposure limits from Table 1.G-16.
(b) (1) When employees are subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of Table G-16, personal protective equipment shall be provided and used to reduce sound levels within the levels of the table. 1910.95(b)(1)
Regulation Stop: The best way to control noise is through engineering and administrative controls. Controls must be used if noise exceeds certain designated levels for specific periods of time. These designated levels are different from the 85 decibel/8-hour time-weighted average threshold that requires a hearing conservation program. Effective engineering and administrative controls reduce the exposure of employees to noise without the use of protective devices. Engineering controls (mufflers, sound barriers, etc.) limit the production of noise. Administrative controls remove workers from the source of the noise.
(2) If the variations in noise level involve maxima at intervals of 1 second or less, it is to be considered continuous. 1910.95(b)(2)
Table G–16—Permissible Noise Exposures1
Figure G-9
Equivalent sound level contours. Octave band sound pressure levels may be converted to the equivalent A-weighted sound level by plotting them on this graph and noting the A-weighted sound level
1When the daily noise exposure is composed of two or more periods of noise exposure of different levels, their combined effect should be considered, rather than the individual effect of each. If the sum of the following fractions: C1/T1 + C2/T2Cn/Tn exceeds unity, then, the mixed exposure should be considered to exceed the limit value. Cn indicates the total time of exposure at a specified noise level, and Tn indicates the total time of exposure permitted at that level.
Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level.
(c) Hearing conservation program. 1910.95(c)
(1) The employer shall administer a continuing, effective hearing conservation program, as described in paragraphs (c) through (o) of this section, whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels measured on the A scale (slow response) or, equivalently, a dose of fifty percent. For purposes of the hearing conservation program, employee noise exposures shall be computed in accordance with appendix A and Table G-16a, and without regard to any attenuation provided by the use of personal protective equipment. 1910.95(c)(1)
(2) For purposes of paragraphs 1910.95(c)(2)
(d) Monitoring. 1910.95(d)
(1) When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program. (i)-(ii) 1910.95(d)(1)
(2) (i)-(ii) (i) All continuous, intermittent and impulsive sound levels 1910.95(d)(2)(i)
(ii) Instruments used to measure 1910.95(d)(2)(ii)
(3) Monitoring shall be repeated (i)-(ii) 1910.95(d)(3)
(1) The employer shall establish and maintain an audiometric testing program as provided in this paragraph by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels. 1910.95(g)(1)
(2) The program shall be provided at no cost to employees. 1910.95(g)(2)
(3) Audiometric tests shall be performed by 1910.95(g)(3)
(4) All audiograms obtained pursuant to this section 1910.95(g)(4)
(5) Baseline audiogram. 1910.95(g)(5)
(i) Within 6 months of an employee's first exposure at or above the action level, the employer shall establish a valid baseline audiogram against which subsequent audiograms can be compared. 1910.95(g)(5)(i)
(ii) Mobile test van exception. 1910.95(g)(5)(ii)
(iii) Testing to establish a baseline audiogram 1910.95(g)(5)(iii)
(iv) The employer shall notify employees 1910.95(g)(5)(iv)
(6) Annual audiogram. At least annually after obtaining the baseline audiogram, the employer shall obtain a new audiogram for each employee exposed at or above an 8-hour time-weighted average of 85 decibels. 1910.95(g)(6)
(7) Evaluation of audiogram. (i)-(iii) 1910.95(g)(7)
(8) Follow-up procedures. 1910.95(g)(8)
(i) If a comparison of the annual audiogram to the baseline audiogram indicates a standard threshold shift as defined in paragraph (g)(10) of this section has occurred, the employee shall be informed of this fact in writing, within 21 days of the determination. 1910.95(g)(8)(i)
(ii) Unless a physician determines that the standard threshold shift is not work related or aggravated by occupational noise exposure, the employer shall ensure that the following steps are taken when a standard threshold shift occurs: 1910.95(g)(8)(ii)
[A] Employees not using hearing protectors shall be fitted with hearing protectors, trained in their use and care, and required to use them. 1910.95(g)(8)(ii)[A]
[B] Employees already using hearing protectors shall be refitted and retrained in the use of hearing protectors and provided with hearing protectors offering greater attenuation if necessary. 1910.95(g)(8)(ii)[B]
[C] The employee shall be referred for a clinical audiological evaluation or an otological examination, as appropriate, if additional testing is necessary or if the employer suspects that a medical pathology of the ear is caused or aggravated by the wearing of hearing protectors.
1910.95(g)(8)(ii)[C]
[D] The employee is informed of the need for an otological examination if a medical pathology of the ear that is unrelated to the use of hearing protectors is suspected.
1910.95(g)(8)(ii)[D]
(iii) If subsequent audiometric testing [A]-[B] 1910.95(g)(8)(iii)
(9) Revised baseline. (i)-(ii) 1910.95(g)(9)
(10) Standard threshold shift. 1910.95(g)(10)
(i) As used in this section, a standard threshold shift is a change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear. 1910.95(g)(10)(i)
(ii) In determining whether a standard threshold shift has occurred, allowance may be made for the contribution of aging (presbycusis) to the change in hearing level by correcting the annual audiogram according to the procedure described in appendix F: Calculation and Application of Age Correction to Audiograms. 1910.95(g)(10)(ii)
(h) Audiometric test requirements. (1)-(5) 1910.95(h)
(i) Hearing protectors. 1910.95(i)
(1) Employers shall make hearing protectors available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater at no cost to the employees. Hearing protectors shall be replaced as necessary. 1910.95(i)(1)
(2) Employers shall ensure that hearing protectors are worn: 1910.95(i)(2)
(i) By an employee who is required by paragraph (b)(1) of this section to wear personal protective equipment; and 1910.95(i)(2)(i)
(ii) By any employee who is exposed to an 8-hour timeweighted average of 85 decibels or greater, and who: 1910.95(i)(2)(ii)
[A] Has not yet had a baseline audiogram established pursuant to paragraph (g)(5)(ii); or 1910.95(i)(2)(ii)[A]
[B] Has experienced a standard threshold shift. 1910.95(i)(2)(ii)[B]
(3) Employees shall be given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by the employer. 1910.95(i)(3)
(4) The employer shall provide training in the use and care of all hearing protectors provided to employees. 1910.95(i)(4)
(5) The employer shall ensure proper initial fitting and supervise the correct use of all hearing protectors. 1910.95(i)(5)
(j) Hearing protector attenuation. 1910.95(j)
(1) The employer shall evaluate 1910.95(j)(1)
(2) Hearing protectors must attenuate employee exposure 1910.95(j)(2)
(3) For employees who have experienced 1910.95(j)(3)
(4) The adequacy of hearing protector attenuation shall be re-evaluated whenever employee noise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation. The employer shall provide more effective hearing protectors where necessary. 1910.95(j)(4)
(k) Training program. 1910.95(k)
(1) The employer shall train 1910.95(k)(1)
(2) The training program 1910.95(k)(2)
(3) The employer shall ensure that each employee is informed of the following: 1910.95(k)(3)
(i) The effects of noise on hearing;1910.95(k)(3)(i)
(ii) The purpose of hearing protectors, the advantages, disadvantages, and attenuation of various types, and instructions on selection, fitting, use, and care; and 1910.95(k)(3)(ii)
Regulatory Stop: For example, from a disadvantage standpoint wearing too much hearing protection can cause harm by: (1) impeding an employee's ability to hear co-workers, warning signals, and safety instructions, and (2) requiring employees to remove hearing protection to communicate with others, which can render the devices ineffective.
(iii) The purpose of audiometric testing, and an explanation of the test procedures. 1910.95(k)(3)(iii)
(l) Access to information and training materials. 1910.95(l)
(1) The employer shall make available to affected employees or their representatives copies of this standard and shall also post a copy in the workplace. 1910.95(l)(1)
(2) The employer shall provide 1910.95(l)(2)
(3) The employer shall provide, 1910.95(l)(3)
(m) Recordkeeping — 1910.95(m)
(1) Exposure measurements. The employer shall maintain an accurate record of all employee exposure measurements required by paragraph (d) of this section. 1910.95(m)(1)
(2) Audiometric tests. 1910.95(m)(2)
(i) The employer shall retain all employee audiometric test records obtained pursuant to paragraph (g) of this section: 1910.95(m)(2)(i)
(ii) This record shall include: [A]-[F] 1910.95(m)(2)(ii)
(3) Record retention. The employer shall retain records required in this paragraph (m) for at least the following periods. 1910.95(m)(3)
(i) Noise exposure measurement records shall be retained for two years. 1910.95(m)(3)(i)
Letter of Interpretation (LOI) Stop: Noise exposure measurement records must be retained for two years. The two year retention time for employee noise exposure measurements takes precedence over the general record retention requirements for employee exposure records in 1910.1020. If a more specific OSHA standard mandates a retention time that is different from the 30 years required by 1910.1020(d)(1)(ii), an employer must maintain the records according to the more specific standard.
(ii) Audiometric test records shall be retained for the duration of the affected employee's employment. 1910.95(m)(3)(ii)
(4) Access to records. 1910.95(m)(4)
(5) Transfer of records. 1910.95(m)(5)
(n) Appendices. (1)-(2) 1910.95(n)
(o) Exemptions. 1910.95(o)
Subpart H – Hazardous Materials
§1910.101 Compressed gases (general requirements)
(a) Inspection of compressed gas cylinders. 1910.101(a)
(b) Compressed gases. The in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks shall be in accordance with Compressed Gas Association Pamphlet P-1-1965, which is incorporated by reference as specified in §1910.6.1910.101(b)
Letter of Interpretation (LOI) Stop: Storage of propane and either gas cylinders with flammable materials is not allowed. The CGA (Compressed Gas Association) pamphlet states, 'do not store cylinders near highly flammable substances such as oil, gasoline, or waste.' The CGA pamphlet is incorporated by reference into OSHA's standard.
§1910.106
(c) Safety relief devices for compressed gas containers. 1910.101(c)
§1910.106 Flammable liquids
(a) Definitions. As used in this section: (1)-(38)
(9) Closed container shall mean a container as herein defined, so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.
(12) Fire area shall mean an area of a building separated from the remainder of the building by construction having a fire resistance of at least 1 hour and having all communicating openings properly protected by an assembly having a fire resistance rating of at least 1 hour.
(14) Flashpoint means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid, and shall be determined as follows: (i)-(iv)
(19) Flammable liquid means any liquid having a flashpoint at or below 199.4 °F (93 °C). Flammable liquids are divided into four categories as follows:
(20) Unstable (reactive) liquid shall mean a liquid which in the pure state or as commercially produced or transported will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure, or temperature.
(25) Portable tank shall mean a closed container having a liquid capacity over 60 U.S. gallons and not intended for fixed installation.
(27) Protection for exposure shall mean adequate fire protection for structures on property adjacent to tanks, where there are employees of the establishment.
(29) Safety can shall mean an approved container, of not more than 5 gallons capacity, having a spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire exposure.
(32) Storage: Flammable liquids shall be stored in a tank or in a container that complies with paragraph (d)(2) of this section.
(b) Tank storage — (1)-(7) 1910.106(b)
(c) Piping, valves, and fittings — (1)-(7) 1910.106(c)
(d) Container and portable tank storage — 1910.106(d)
(1) Scope — 1910.106(d)(1)
(i) General. This paragraph shall apply only to the storage of flammable liquids in drums or other containers (including flammable aerosols) not exceeding 60 gallons individual capacity and those portable tanks not exceeding 660 gallons individual capacity. 1910.106(d)(1)(i) (ii) Exceptions. [a]-[d] 1910.106(d)(1)(ii)
(2) Design, construction, and capacity of containers — 1910.106(d)(2)
(i) General. 1910.106(d)(2)(i)
(ii) Emergency venting. 1910.106(d)(2)(ii)
(iii) Size. Flammable liquid containers shall be in accordance with Table H-12, except that glass or plastic containers of no more than 1-gallon capacity may be used for a Category 1 or 2 flammable liquid if: 1910.106(d)(2)(iii)
[a]
[1] Such liquid either would be rendered unfit for its intended use by contact with metal or would excessively corrode a metal container so as to create a leakage hazard; and 1910.106(d)(2)(iii)[a][1]
[2] The user's process either would require more than 1 pint of a Category 1 flammable liquid or more than 1 quart of a Category 2 flammable liquid of a single assay lot to be used at one time, or would require the maintenance of an analytical standard liquid of a quality which is not met by the specified standards of liquids available, and the quantity of the analytical standard liquid required to be used in any one control process exceeds one-sixteenth the capacity of the container allowed under Table H-12 for the category of liquid; or 1910.106(d)(2)(iii)[a][2]
[b] The containers are intended for direct export outside the United States. 1910.106(d)(2)(iii)[b]
Table H–12—Maximum Allowable Size of Containers and Portable Tanks for Flammable Liquids Container
Metal (other than DOT drums)
Safety cans2 gal5 gal5 gal5 gal. Metal drums (DOT specifications)
Approved portable tanks
Note: Container exemptions: (a) Medicines, beverages, foodstuffs, cosmetics, and other common consumer items, when packaged according to commonly accepted practices, shall be exempt from the requirements of 1910.106(d)(2)(i) and (ii).
(3) Design, construction, and capacity of storage cabinets — 1910.106(d)(3)
(i) Maximum capacity. Not more than 60 gallons of Category 1, 2, or 3 flammable liquids, nor more than 120 gallons of Category 4 flammable liquids may be stored in a storage cabinet. 1910.106(d)(3)(i)
(ii) Fire resistance. Storage cabinets shall be designed and constructed to limit the internal temperature to not more than 325 °F. when subjected to a 10-minute fire test using the standard time-temperature curve as set forth in Standard Methods of Fire Tests of Building Construction and Materials, NFPA 251-1969, which is incorporated by reference as specified in §1910.6. All joints and seams shall remain tight and the door shall remain securely closed during the fire test. Cabinets shall be labeled in conspicuous lettering, "Flammable — Keep Fire Away." [a]-[b] 1910.106(d)(3)(ii)
(4) Design and construction of inside storage rooms — 1910.106(d)(4)
(i) Construction. Inside storage rooms shall be constructed to meet the required fire-resistive rating for their use. Such construction shall comply with the test specifications set forth in Standard Methods of Fire Tests of Building Construction and Materials, NFPA 251-1969. Where an automatic sprinkler system is provided, the system shall be designed and installed in an acceptable manner. Openings to other rooms or buildings shall be provided with noncombustible liquidtight raised sills or ramps at least 4 inches in height, or the floor in the storage area shall be at least 4 inches below the surrounding floor. Openings shall be provided with approved self-closing fire doors. The room shall be liquid-tight where the walls join the floor. A permissible alternate to the sill or ramp is an open-grated trench inside of the room which drains to a safe location. Where other portions of the building or other properties are exposed, windows shall be protected as set forth in the Standard for Fire Doors and Windows, NFPA No. 80-1968, which is incorporated by reference as specified in §1910.6, for Class E or F openings. Wood at least 1 inch nominal thickness may be used for shelving, racks, dunnage, scuffboards, floor overlay, and similar installations. 1910.106(d)(4)(i)
(ii) Rating and capacity. Storage in inside storage rooms shall comply with Table H-13. 1910.106(d)(4)(ii)
Table H–13—Storage in Inside Rooms
1Fire protection system shall be sprinkler, water spray, carbon dioxide, or other system. (iii) Wiring. Electrical wiring and equipment located in inside storage rooms used for Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), shall be approved under subpart S of this part
for Class I, Division 2 Hazardous Locations; for Category 3 flammable liquids with a flashpoint at or above 100 °F (37.8 °C) and Category 4 flammable liquids, shall be approved for general use. 1910.106(d)(4)(iii)
(iv) Ventilation. Every inside storage room shall be provided with either a gravity or a mechanical exhaust ventilation system. Such system shall be designed to provide for a complete change of air within the room at least six times per hour. If a mechanical exhaust system is used, it shall be controlled by a switch located outside of the door. The ventilating equipment and any lighting fixtures shall be operated by the same switch. A pilot light shall be installed adjacent to the switch if Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), are dispensed within the room. Where gravity ventilation is provided, the fresh air intake, as well as the exhaust outlet from the room, shall be on the exterior of the building in which the room is located. 1910.106(d)(4)(iv)
(v) Storage in inside storage rooms. In every inside storage room there shall be maintained one clear aisle at least 3 feet wide. Containers over 30 gallons capacity shall not be stacked one upon the other. Dispensing shall be by approved pump or self-closing faucet only. 1910.106(d)(4)(v)
(5) Storage inside building — 1910.106(d)(5)
(i) Egress. Flammable liquids, including stock for sale, shall not be stored so as to limit use of exits, stairways, or areas normally used for the safe egress of people. 1910.106(d)(5)(i)
(ii) Containers. 1910.106(d)(5)(ii)
(iii) Office occupancies. Storage shall be prohibited except that which is required for maintenance and operation of building and operation of equipment. Such storage shall be kept in closed metal containers stored in a storage cabinet or in safety cans or in an inside storage room not having a door that opens into that portion of the building used by the public.1910.106(d)(5)(iii)
(iv) Mercantile occupancies and other retail stores. [a][e] 1910.106(d)(5)(iv)
(v) General purpose public warehouses. Storage shall be in accordance with Table H-14 or H-15 and in buildings or in portions of such buildings cut off by standard firewalls. Material creating no fire exposure hazard to the flammable liquids may be stored in the same area. 1910.106(d)(5)(v)
Note 1: When 1 or more categories of materials are stored in a single pile, the maximum gallonage permitted in that pile shall be the smallest of the 2 or more separate maximum gallonages.
Note 2: Aisles shall be provided so that no portable tank is more than 12 ft. from an aisle. Main aisles shall be at least 8 ft. wide and side aisles at least 4 ft. wide.
Note 3: Each pile shall be separated from each other by at least 4 ft.
Note 4: FP means Flashpoint.
(vi) Flammable liquid warehouses or storage buildings. 1910.106(d)(5)(vi)
[a] If the storage building 1910.106(d)(5)(vi)[a]
Note 5: FP means flashpoint. Table H-14—Indoor Container Storage
[b] The total quantity of liquids 1910.106(d)(5)(vi)[b]
[c] Containers in piles shall be separated 1910.106(d)(5)(vi)[c]
[d] Portable tanks stored 1910.106(d)(5)(vi)[d]
[e] No pile shall be closer than 3 feet to the nearest beam, chord, girder, or other obstruction, and shall be 3 feet below sprinkler deflectors or discharge orifices of water spray, or other overhead fire protection systems. 1910.106(d)(5)(vi)[e]
[f] Aisles of at least 3 feet wide shall be provided where necessary for reasons of access to doors, windows or standpipe connections. 1910.106(d)(5)(vi)[f]
(6) Storage outside buildings — 1910.106(d)(6)
(i) General. Storage outside buildings shall be in accordance with Table H-16 or H-17, and subdivisions (ii) and (iv) of this subparagraph. 1910.106(d)(6)(i)
Note 1: When 2 or more categories of materials are stored in a single pile, the maximum gallonage permitted in that pile shall be the smallest of the 2 or more separate maximum gallonages.
Note 2: Aisles shall be provided so that no container is more than 12 ft. from an aisle. Main aisles shall be at least 3 ft. wide and side aisles at least 4 ft. wide.
Note 3: Each pile shall be separated from each other by at least 4 ft.
Note 4: FP means Flashpoint.
(Numbers in parentheses indicate corresponding number of 55-gal. drums.)
Note 1: When 2 or more categories of materials are stored in a single pile, the maximum gallonage in that pile shall be the smallest of the 2 or more separate gallonages.
Note 2: Within 200 ft. of each container, there shall be a 12-ft. wide access way to permit approach of fire control apparatus.
Note 3: The distances listed apply to properties that have protection for exposures as defined. If there are exposures, and such protection for exposures does not exist, the distances in column 4 shall be doubled.
Note 4: When total quantity stored does not exceed 50 percent of maximum per pile, the distances in columns 4 and 5 may be reduced 50 percent, but not less than 3 ft.
Table H-15—Indoor Portable Tank Storage
Table H-16—Outdoor Container Storage
(ii) Maximum storage. A maximum of 1,100 gallons of flammable liquids may be located adjacent to buildings located on the same premises and under the same management provided the provisions of subdivisions (a) and (b) of this subdivision are complied with. 1910.106(d)(6)(ii)
[a] [Reserved]1910.106(d)(6)(ii)[a]
[b] Where quantity stored exceeds 1,100 gallons, or provisions of subdivision (a) of this subdivision cannot be met, a minimum distance of 10 feet between buildings and nearest container of flammable liquid shall be maintained. 1910.106(d)(6)(ii)[b]
(iii) Spill containment. The storage area shall be graded in a manner to divert possible spills away from buildings or other exposures or shall be surrounded by a curb at least 6 inches high. When curbs are used, provisions shall be made for draining of accumulations of ground or rain water or spills of flammable liquids. Drains shall terminate at a safe location and shall be accessible to operation under fire conditions. 1910.106(d)(6)(iii)
(iv) Security. The storage area shall be protected against tampering or trespassers where necessary and shall be kept free of weeds, debris and other combustible material not necessary to the storage. 1910.106(d)(6)(iv)
(7) Fire control — 1910.106(d)(7)
(i) Extinguishers. Suitable fire control devices, such as small hose or portable fire extinguishers, shall be available at locations where flammable liquids are stored. 1910.106(d)(7)(i)
Table H-17—Outdoor Portable Tank Storage
1 2 3 4 5
Note 1: When 2 or more categories of materials are stored in a single pile, the maximum gallonage in that pile shall be the smallest of the 2 or more separate gallonages.
Note 2: Within 200 ft. of each portable tank, there shall be a 12-ft. wide access way to permit approach of fire control apparatus.
Note 3: The distances listed apply to properties that have protection for exposures as defined. If there are exposures, and such protection for exposures does not exist, the distances in column 4 shall be doubled.
Note 4: When total quantity stored does not exceed 50 percent of maximum per pile, the distances in columns 4 and 5 may be reduced 50 percent, but not less than 3 ft.
Note 5: FP means flashpoint.
[a] At least one portable fire extinguisher having a rating of not less than 12-B units shall be located outside of, but not more than 10 feet from, the door opening into any room used for storage. 1910.106(d)(7)(i)[a]
[b] At least one portable fire extinguisher having a rating of not less than 12-B units must be located not less than 10 feet, nor more than 25 feet, from any Category 1, 2, or 3 flammable liquid storage area located outside of a storage room but inside a building. 1910.106(d)(7)(i)[b]
(ii) Sprinklers. 1910.106(d)(7)(ii)
(iii) Open flames and smoking. Open flames and smoking shall not be permitted in flammable liquid storage areas. 1910.106(d)(7)(iii)
(iv) Water reactive materials. Materials which will react with water shall not be stored in the same room with flammable liquids. 1910.106(d)(7)(iv)
(e) Industrial plants — (1)-(9) 1910.106(e)
(f) Bulk plants. (1)-(8) 1910.106(f)
(g) Service stations — (1)-(9) 1910.106(g)
(h) Processing plants — (1)-(8) 1910.106(h)
(i) Refineries, chemical plants, and distilleries — (1)-(5) 1910.106(i)
(j) Scope. (1)-(6) 1910.106(j)
§1910.107 Spray finishing using flammable and combustible materials
(a) Definitions applicable to this section. (1) Aerated solid powders. Aerated powders shall mean any
powdered material used as a coating material which shall be fluidized within a container by passing air uniformly from below. It is common practice to fluidize such materials to form a fluidized powder bed and then dip the part to be coated into the bed in a manner similar to that used in liquid dipping. Such beds are also used as sources for powder spray operations.
(2) Spraying area. Any area in which dangerous quantities of flammable vapors or mists, or combustible residues, dusts, or deposits are present due to the operation of spraying processes.
(3) Spray booth. A power-ventilated structure provided to enclose or accommodate a spraying operation to confine and limit the escape of spray, vapor, and residue, and to safely conduct or direct them to an exhaust system.
(4) Waterwash spray booth. A spray booth equipped with a water washing system designed to minimize dusts or residues entering exhaust ducts and to permit the recovery of overspray finishing material.
(5) Dry spray booth. A spray booth not equipped with a water washing system as described in subparagraph (4) of this paragraph. A dry spray booth may be equipped with (i) distribution or baffle plates to promote an even flow of air through the booth or cause the deposit of overspray before it enters the exhaust duct; or
(ii) overspray dry filters to minimize dusts; or
(iii) overspray dry filters to minimize dusts or residues entering exhaust ducts; or
(iv) overspray dry filter rolls designed to minimize dusts or residues entering exhaust ducts; or
(v) where dry powders are being sprayed, with powder collection systems so arranged in the exhaust to capture oversprayed material.
(6) Fluidized bed. A container holding powder coating material which is aerated from below so as to form an air-supported expanded cloud of such material through which the preheated object to be coated is immersed and transported.
(7) Electrostatic fluidized bed. A container holding powder coating material which is aerated from below so as to form an air-supported expanded cloud of such material which is electrically charged with a charge opposite to the charge of the object to be coated; such object is transported, through the container immediately above the charged and aerated materials in order to be coated.
(8) Approved. Shall mean approved and listed by a nationally recognized testing laboratory. Refer to §1910.7 for definition of nationally recognized testing laboratory.
(9) Listed. See "approved" in §1910.107(a)(8).
(b) Spray booths. 1910.107(b)
(1) Construction. Spray booths shall be substantially constructed of steel, securely and rigidly supported, or of concrete or masonry except that aluminum or other substantial noncombustible material may be used for intermittent or low volume spraying. Spray booths shall be designed to sweep air currents toward the exhaust outlet. 1910.107(b)(1)
(2) Interiors. The interior surfaces of spray booths shall be smooth and continuous without edges and otherwise designed to prevent pocketing of residues and facilitate cleaning and washing without injury. 1910.107(b)(2)
(3) Floors. The floor surface of a spray booth and operator's working area, if combustible, shall be covered with noncombustible material of such character as to facilitate the safe cleaning and removal of residues. 1910.107(b)(3)
(4) Distribution or baffle plates. Distribution or baffle plates, if installed to promote an even flow of air through the booth or cause the deposit of overspray before it enters the exhaust duct, shall be of noncombustible material and readily removable or accessible on both sides for cleaning. Such plates shall not be located in exhaust ducts. 1910.107(b)(4)
(5) Dry type overspray collectors — (exhaust air filters). In conventional dry type spray booths, overspray dry filters or filter rolls, if installed, shall conform to the following: 1910.107(b)(5)
(i) The spraying operations except electrostatic spraying operations shall be so designed, installed and maintained that the average air velocity over the open face of the booth (or booth cross section during spraying operations) shall be not less than 100 linear feet per minute. Electrostatic spraying operations may be conducted with an air velocity over the open face of the booth of not less than 60 linear feet per minute, or more, depending on the volume of the finishing mate-
rial being applied and its flammability and explosion characteristics. Visible gauges or audible alarm or pressure activated devices shall be installed to indicate or insure that the required air velocity is maintained. Filter rolls shall be inspected to insure proper replacement of filter media.
1910.107(b)(5)(i)
(ii) All discarded filter pads and filter rolls shall be immediately removed to a safe, well-detached location or placed in a water-filled metal container and disposed of at the close of the day's operation unless maintained completely in water. 1910.107(b)(5)(ii)
(iii) The location of filters in a spray booth shall be so as to not reduce the effective booth enclosure of the articles being sprayed. 1910.107(b)(5)(iii)
(iv) Space within the spray booth on the downstream and upstream sides of filters shall be protected with approved automatic sprinklers. 1910.107(b)(5)(iv)
(v) Filters or filter rolls shall not be used when applying a spray material known to be highly susceptible to spontaneous heating and ignition. 1910.107(b)(5)(v)
(vi) Clean filters or filter rolls shall be noncombustible or of a type having a combustibility not in excess of class 2 filters as listed by Underwriters' Laboratories, Inc. Filters and filter rolls shall not be alternately used for different types of coating materials, where the combination of materials may be conducive to spontaneous ignition. See also paragraph (g)(6) of this section. 1910.107(b)(5)(vi)
(6) Frontal area. Each spray booth having a frontal area larger than 9 square feet shall have a metal deflector or curtain not less than 21⁄2 inches deep installed at the upper outer edge of the booth over the opening. 1910.107(b)(6)
(7) Conveyors. Where conveyors are arranged to carry work into or out of spray booths, the openings therefor shall be as small as practical. 1910.107(b)(7)
(8) Separation of operations. Each spray booth shall be separated from other operations by not less than 3 feet, or by a greater distance, or by such partition or wall as to reduce the danger from juxtaposition of hazardous operations. See also paragraph (c)(1) of this section. 1910.107(b)(8)
(9) Cleaning. Spray booths shall be so installed that all portions are readily accessible for cleaning. A clear space of not less than 3 feet on all sides shall be kept free from storage or combustible construction. 1910.107(b)(9)
(10) Illumination. When spraying areas are illuminated through glass panels or other transparent materials, only fixed lighting units shall be used as a source of illumination. Panels shall effectively isolate the spraying area from the area in which the lighting unit is located, and shall be of a noncombustible material of such a nature or so protected that breakage will be unlikely. Panels shall be so arranged that normal accumulations of residue on the exposed surface of the panel will not be raised to a dangerous temperature by radiation or conduction from the source of illumination. 1910.107(b)(10)
(c) Electrical and other sources of ignition. 1910.107(c)
(1) Conformance. All electrical equipment, open flames and other sources of ignition shall conform to the requirements of this paragraph, except as follows: 1910.107(c)(1)
(i) Electrostatic apparatus shall conform to the requirements of paragraphs (h) and (i) of this section; 1910.107(c)(1)(i)
(ii) Drying, curing, and fusion apparatus shall conform to the requirements of paragraph (j) of this section; 1910.107(c)(1)(ii)
(iii) Automobile undercoating spray operations in garages shall conform to the requirements of paragraph (k) of this section; 1910.107(c)(1)(iii)
(iv) Powder-coating equipment shall conform to the requirements of paragraph (l)(1) of this section. 1910.107(c)(1)(iv)
(2) Minimum separation. There shall be no open flame or spark producing equipment in any spraying area nor within 20 feet thereof, unless separated by a partition. 1910.107(c)(2)
(3) Hot surfaces. Space-heating appliances, steampipes, or hot surfaces shall not be located in a spraying area where deposits of combustible residues may readily accumulate. 1910.107(c)(3)
(4) Wiring conformance. Electrical wiring and equipment shall conform to the provisions of this paragraph and shall otherwise be in accordance with subpart S of this part. 1910.107(c)(4)
(5) Combustible residues, areas. Unless specifically approved for locations containing both deposits of readily ignitable residue and explosive vapors, there shall be no electrical equipment in any
spraying area, whereon deposits of combustible residues may readily accumulate, except wiring in rigid conduit or in boxes or fittings containing no taps, splices, or terminal connections. 1910.107(c)(5)
(6) Wiring type approved. Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area as herein defined shall be of explosion-proof type approved for Class I, group D locations and shall otherwise conform to the provisions of subpart S of this part, for Class I, Division 1, Hazardous Locations. Electrical wiring, motors, and other equipment outside of but within twenty (20) feet of any spraying area, and not separated therefrom by partitions, shall not produce sparks under normal operating conditions and shall otherwise conform to the provisions of subpart S of this part for Class I, Division 2 Hazardous Locations. 1910.107(c)(6)
(7) Lamps. Electric lamps outside of, but within twenty (20) feet of any spraying area, and not separated there from by a partition, shall be totally enclosed to prevent the falling of hot particles and shall be protected from mechanical injury by suitable guards or by location. 1910.107(c)(7)
(8) Portable lamps. Portable electric lamps shall not be used in any spraying area during spraying operations. Portable electric lamps, if used during cleaning or repairing operations, shall be of the type approved for hazardous Class I locations. 1910.107(c)(8)
(9) Grounding. 1910.107(c)(9)
(i) All metal parts of spray booths, exhaust ducts, and piping systems conveying flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) or aerated solids shall be properly electrically grounded in an effective and permanent manner. 1910.107(c)(9)(i)
(ii) [Reserved] 1910.107(c)(9)(ii)
(d) Ventilation. 1910.107(d)
(1) Conformance. Ventilating and exhaust systems shall be in accordance with the Standard for Blower and Exhaust Systems for Vapor Removal, NFPA No. 91-1961, which is incorporated by reference as specified in §1910.6, where applicable and shall also conform to the provisions of this section. 1910.107(d)(1)
(2) General. All spraying areas shall be provided with mechanical ventilation adequate to remove flammable vapors, mists, or powders to a safe location and to confine and control combustible residues so that life is not endangered. Mechanical ventilation shall be kept in operation at all times while spraying operations are being conducted and for a sufficient time thereafter to allow vapors from drying coated articles and drying finishing material residue to be exhausted. 1910.107(d)(2)
(3) Independent exhaust. Each spray booth shall have an independent exhaust duct system discharging to the exterior of the building, except that multiple cabinet spray booths in which identical spray finishing material is used with a combined frontal area of not more than 18 square feet may have a common exhaust. If more than one fan serves one booth, all fans shall be so interconnected that one fan cannot operate without all fans being operated. 1910.107(d)(3)
(4) Fan-rotating element. The fan-rotating element shall be nonferrous or nonsparking or the casing shall consist of or be lined with such material. There shall be ample clearance between the fanrotating element and the fan casing to avoid a fire by friction, necessary allowance being made for ordinary expansion and loading to prevent contact between moving parts and the duct or fan housing. Fan blades shall be mounted on a shaft sufficiently heavy to maintain perfect alignment even when the blades of the fan are heavily loaded, the shaft preferably to have bearings outside the duct and booth. All bearings shall be of the self-lubricating type, or lubricated from the outside duct. 1910.107(d)(4)
(5) Electric motors. Electric motors driving exhaust fans shall not be placed inside booths or ducts. See also paragraph (c) of this section. 1910.107(d)(5)
(6) Belts. Belts shall not enter the duct or booth unless the belt and pulley within the duct or booth are thoroughly enclosed. 1910.107(d)(6)
(7) Exhaust ducts. Exhaust ducts shall be constructed of steel and shall be substantially supported. Exhaust ducts without dampers are preferred; however, if dampers are installed, they shall be maintained so that they will be in a full open position at all times the ventilating system is in operation. 1910.107(d)(7)
(i) Exhaust ducts shall be protected against mechanical damage and have a clearance from unprotected combustible construction or other combustible material of not less than 18 inches. 1910.107(d)(7)(i)
(ii) If combustible construction is provided with the following protection applied to all surfaces within 18 inches, clearances may be reduced to the distances indicated: 1910.107(d)(7)(ii)
(a) 28-gage sheet metal on 1⁄4-inch asbestos mill board. 12 inches.
(b) 28-gage sheet metal on 1⁄8-inch asbestos mill board spaced out 1 inch on noncombustible spacers. 9 inches.
(c) 22-gage sheet metal on 1-inch rockwool batts reinforced with wire mesh or the equivalent. 3 inches.
(d) Where ducts are protected with an approved automatic sprinkler system, properly maintained, the clearance required in subdivision (i) of this subparagraph may be reduced to 6 inches.
(8) Discharge clearance. Unless the spray booth exhaust duct terminal is from a water-wash spray booth, the terminal discharge point shall be not less than 6 feet from any combustible exterior wall or roof nor discharge in the direction of any combustible construction or unprotected opening in any noncombustible exterior wall within 25 feet. 1910.107(d)(8)
(9) Air exhaust. Air exhaust from spray operations shall not be directed so that it will contaminate makeup air being introduced into the spraying area or other ventilating intakes, nor directed so as to create a nuisance. Air exhausted from spray operations shall not be recirculated. 1910.107(d)(9)
(10) Access doors. When necessary to facilitate cleaning, exhaust ducts shall be provided with an ample number of access doors. 1910.107(d)(10)
(11) Room intakes. Air intake openings to rooms containing spray finishing operations shall be adequate for the efficient operation of exhaust fans and shall be so located as to minimize the creation of dead air pockets. 1910.107(d)(11)
(12) Drying spaces. Freshly sprayed articles shall be dried only in spaces provided with adequate ventilation to prevent the formation of explosive vapors. In the event adequate and reliable ventilation is not provided such drying spaces shall be considered a spraying area. See also paragraph (j) of this section. 1910.107(d)(12)
(e) Flammable liquids and liquids with a flashpoint greater than 199.4 °F (93 °C) 1910.107(e)
(1) Conformance. The storage of flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) in connection with spraying operations shall conform to the requirements of §1910.106, where applicable. 1910.107(e)(1)
(2) Quantity. The quantity of flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) kept in the vicinity of spraying operations shall be the minimum required for operations and should ordinarily not exceed a supply for 1 day or one shift. Bulk storage of portable containers of flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) shall be in a separate, constructed building detached from other important buildings or cut off in a standard manner. 1910.107(e)(2)
(3) Containers. Original closed containers, approved portable tanks, approved safety cans or a properly arranged system of piping shall be used for bringing flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) into spray finishing room. Open or glass containers shall not be used. 1910.107(e)(3)
(4) Transferring liquids. Except as provided in paragraph (e)(5) of this section the withdrawal of flammable liquids and liquids with a flashpoint greater than 199.4 °F (93 °C) from containers having a capacity of greater than 60 gallons shall be by approved pumps. The withdrawal of flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) from containers and the filling of containers, including portable mixing tanks, shall be done only in a suitable mixing room or in a spraying area when the ventilating system is in operation. Adequate precautions shall be taken to protect against liquid spillage and sources of ignition. 1910.107(e)(4)
(5) Spraying containers. Containers supplying spray nozzles shall be of closed type or provided with metal covers kept closed. Containers not resting on floors shall be on metal supports or suspended by wire cables. Containers supplying spray nozzles by gravity flow shall not exceed 10 gallons capacity. Original shipping containers shall not be subject to air pressure for supplying spray nozzles. Containers under air pressure supplying spray nozzles shall be of limited capacity, not exceeding that necessary for 1 day's operation; shall be designed and approved for such
use; shall be provided with a visible pressure gage; and shall be provided with a relief valve set to operate in conformance with the requirements of the Code for Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure Vessel Code — 1968, which is incorporated by reference as specified in §1910.6. Containers under air pressure supplying spray nozzles, air-storage tanks and coolers shall conform to the standards of the Code for Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure Vessel Code — 1968 for construction, tests, and maintenance. 1910.107(e)(5)
(6) Pipes and hoses. 1910.107(e)(6)
(i) All containers or piping to which is attached a hose or flexible connection shall be provided with a shutoff valve at the connection. Such valves shall be kept shut when spraying operations are not being conducted. 1910.107(e)(6)(i)
(ii) When a pump is used to deliver products, automatic means shall be provided to prevent pressure in excess of the design working pressure of accessories, piping, and hose. 1910.107(e)(6)(ii)
(iii) All pressure hose and couplings shall be inspected at regular intervals appropriate to this service. The hose and couplings shall be tested with the hose extended, and using the "inservice maximum operating pressures." Any hose showing material deteriorations, signs of leakage, or weakness in its carcass or at the couplings, shall be withdrawn from service and repaired or discarded. 1910.107(e)(6)(iii)
(iv) Piping systems conveying flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) shall be of steel or other material having comparable properties of resistance to heat and physical damage. Piping systems shall be properly bonded and grounded. 1910.107(e)(6)(iv)
(7) Spray liquid heaters. Electrically powered spray liquid heaters shall be approved and listed for the specific location in which used (see paragraph (c) of this section). Heaters shall not be located in spray booths nor other locations subject to the accumulation of deposits or combustible residue. If an electric motor is used, see paragraph (c) of this section. 1910.107(e)(7)
(8) Pump relief. If flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) are supplied to spray nozzles by positive displacement pumps, the pump discharge line shall be provided with an approved relief valve discharging to a pump suction or a safe detached location, or a device provided to stop the prime mover if the discharge pressure exceeds the safe operating pressure of the system. 1910.107(e)(8)
(9) Grounding. Whenever flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) are transferred from one container to another, both containers shall be effectively bonded and grounded to prevent discharge sparks of static electricity. 1910.107(e)(9)
(f) Protection. 1910.107(f)
(1) Conformance. In sprinklered buildings, the automatic sprinkler system in rooms containing spray finishing operations shall conform to the requirements of §1910.159. In unsprinklered buildings where sprinklers are installed only to protect spraying areas, the installation shall conform to such standards insofar as they are applicable. Sprinkler heads shall be located so as to provide water distribution throughout the entire booth. 1910.107(f)(1)
(2) Valve access. Automatic sprinklers protecting each spray booth (together with its connecting exhaust) shall be under an accessibly located separate outside stem and yoke (OS&Y) subcontrol valve. 1910.107(f)(2)
(3) Cleaning of heads. Sprinklers protecting spraying areas shall be kept as free from deposits as practical by cleaning daily if necessary. (See also paragraph (g) of this section.) 1910.107(f)(3)
(4) Portable extinguishers. An adequate supply of suitable portable fire extinguishers shall be installed near all spraying areas.
1910.107(f)(4)
(g) Operations and maintenance. 1910.107(g)
(1) Spraying. Spraying shall not be conducted outside of predetermined spraying areas. 1910.107(g)(1)
(2) Cleaning. All spraying areas shall be kept as free from the accumulation of deposits of combustible residues as practical, with cleaning conducted daily if necessary. Scrapers, spuds, or other such tools used for cleaning purposes shall be of nonsparking material. 1910.107(g)(2)
(3) Residue disposal. Residue scrapings and debris contaminated with residue shall be immediately removed from the premises and properly disposed of. Approved metal waste cans shall be provided wherever rags or waste are impregnated with finishing
material and all such rags or waste deposited therein immediately after use. The contents of waste cans shall be properly disposed of at least once daily or at the end of each shift.
1910.107(g)(3)
(4) Clothing storage. Spray finishing employees' clothing shall not be left on the premises overnight unless kept in metal lockers.
1910.107(g)(4)
(5) Cleaning solvents. The use of solvents for cleaning operations shall be restricted to those having flashpoints not less than 100 °F.; however, for cleaning spray nozzles and auxiliary equipment, solvents having flashpoints not less than those normally used in spray operations may be used. Such cleaning shall be conducted inside spray booths and ventilating equipment operated during cleaning. 1910.107(g)(5)
(6) Hazardous materials combinations. Spray booths shall not be alternately used for different types of coating materials, where the combination of the materials may be conducive to spontaneous ignition, unless all deposits of the first used material are removed from the booth and exhaust ducts prior to spraying with the second used material. 1910.107(g)(6)
(7) "No Smoking" signs. "No smoking" signs in large letters on contrasting color background shall be conspicuously posted at all spraying areas and paint storage rooms. 1910.107(g)(7)
(h) Fixed electrostatic apparatus. 1910.107(h)
(1) Conformance. Where installation and use of electrostatic spraying equipment is used, such installation and use shall conform to all other paragraphs of this section, and shall also conform to the requirements of this paragraph. 1910.107(h)(1)
(2) Type approval. Electrostatic apparatus and devices used in connection with coating operations shall be of approved types. 1910.107(h)(2)
(3) Location. Transformers, power packs, control apparatus, and all other electrical portions of the equipment, with the exception of high-voltage grids, electrodes, and electrostatic atomizing heads and their connections, shall be located outside of the spraying area, or shall otherwise conform to the requirements of paragraph (c) of this section. 1910.107(h)(3)
(4) Support. Electrodes and electrostatic atomizing heads shall be adequately supported in permanent locations and shall be effectively insulated from the ground. Electrodes and electrostatic atomizing heads which are permanently attached to their bases, supports, or reciprocators, shall be deemed to comply with this section. Insulators shall be nonporous and noncombustible. 1910.107(h)(4)
(5) Insulators, grounding. High-voltage leads to electrodes shall be properly insulated and protected from mechanical injury or exposure to destructive chemicals. Electrostatic atomizing heads shall be effectively and permanently supported on suitable insulators and shall be effectively guarded against accidental contact or grounding. An automatic means shall be provided for grounding the electrode system when it is electrically deenergized for any reason. All insulators shall be kept clean and dry. 1910.107(h)(5)
(6) Safe distance. A safe distance shall be maintained between goods being painted and electrodes or electrostatic atomizing heads or conductors of at least twice the sparking distance. A suitable sign indicating this safe distance shall be conspicuously posted near the assembly. 1910.107(h)(6)
(7) Conveyors required. Goods being painted using this process are to be supported on conveyors. The conveyors shall be so arranged as to maintain safe distances between the goods and the electrodes or electrostatic atomizing heads at all times. Any irregularly shaped or other goods subject to possible swinging or movement shall be rigidly supported to prevent such swinging or movement which would reduce the clearance to less than that specified in paragraph (h)(6) of this section. 1910.107(h)(7)
(8) Prohibition. This process is not acceptable where goods being coated are manipulated by hand. When finishing materials are applied by electrostatic equipment which is manipulated by hand, see paragraph (i) of this section for applicable requirements. 1910.107(h)(8)
(9) Fail-safe controls. Electrostatic apparatus shall be equipped with automatic controls which will operate without time delay to disconnect the power supply to the high voltage transformer and to signal the operator under any of the following conditions: 1910.107(h)(9)
(i) Stoppage of ventilating fans or failure of ventilating equipment from any cause. 1910.107(h)(9)(i)
(ii) Stoppage of the conveyor carrying goods through the high voltage field. 1910.107(h)(9)(ii)
(iii) Occurrence of a ground or of an imminent ground at any point on the high voltage system. 1910.107(h)(9)(iii)
(iv) Reduction of clearance below that specified in paragraph (h)(6) of this section. 1910.107(h)(9)(iv)
(10) Guarding. Adequate booths, fencing, railings, or guards shall be so placed about the equipment that they, either by their location or character or both, assure that a safe isolation of the process is maintained from plant storage or personnel. Such railings, fencing, and guards shall be of conducting material, adequately grounded. 1910.107(h)(10)
(11) Ventilation. Where electrostatic atomization is used the spraying area shall be so ventilated as to insure safe conditions from a fire and health standpoint. 1910.107(h)(11)
(12) Fire protection. All areas used for spraying, including the interior of the booth, shall be protected by automatic sprinklers where this protection is available. Where this protection is not available, other approved automatic extinguishing equipment shall be provided. 1910.107(h)(12)
(i) Electrostatic hand spraying equipment. 1910.107(i)
(1) Application. This paragraph shall apply to any equipment using electrostatically charged elements for the atomization and/or, precipitation of materials for coatings on articles, or for other similar purposes in which the atomizing device is hand held and manipulated during the spraying operation. 1910.107(i)(1)
(2) Conformance. Electrostatic hand spraying equipment shall conform with the other provisions of this section. 1910.107(i)(2)
(3) Equipment approval and specifications. Electrostatic hand spray apparatus and devices used in connection with coating operations shall be of approved types. The high voltage circuits shall be designed so as to not produce a spark of sufficient intensity to ignite any vapor-air mixtures nor result in appreciable shock hazard upon coming in contact with a grounded object under all normal operating conditions. The electrostatically charged exposed elements of the handgun shall be capable of being energized only by a switch which also controls the coating material supply. 1910.107(i)(3)
(4) Electrical support equipment. Transformers, powerpacks, control apparatus, and all other electrical portions of the equipment, with the exception of the handgun itself and its connections to the power supply shall be located outside of the spraying area or shall otherwise conform to the requirements of paragraph (c) of this section. 1910.107(i)(4)
(5) Spray gun ground. The handle of the spraying gun shall be electrically connected to ground by a metallic connection and to be so constructed that the operator in normal operating position is in intimate electrical contact with the grounded handle. 1910.107(i)(5)
(6) Grounding — general. All electrically conductive objects in the spraying area shall be adequately grounded. This requirement shall apply to paint containers, wash cans, and any other objects or devices in the area. The equipment shall carry a prominent permanently installed warning regarding the necessity for this grounding feature. 1910.107(i)(6)
(7) Maintenance of grounds. Objects being painted or coated shall be maintained in metallic contact with the conveyor or other grounded support. Hooks shall be regularly cleaned to insure this contact and areas of contact shall be sharp points or knife edges where possible. Points of support of the object shall be concealed from random spray where feasible and where the objects being sprayed are supported from a conveyor, the point of attachment to the conveyor shall be so located as to not collect spray material during normal operation. 1910.107(i)(7)
(8) Interlocks. The electrical equipment shall be so interlocked with the ventilation of the spraying area that the equipment cannot be operated unless the ventilation fans are in operation. 1910.107(i)(8)
(9) Ventilation. The spraying operation shall take place within a spray area which is adequately ventilated to remove solvent vapors released from the operation. 1910.107(i)(9)
(j) Drying, curing, or fusion apparatus. 1910.107(j)
(1) Conformance. Drying, curing, or fusion apparatus in connection with spray application of flammable and combustible finishes shall conform to the Standard for Ovens and Furnaces, NFPA 86A-1969, which is incorporated by reference as specified in §1910.6, where applicable and shall also conform with the following requirements of this paragraph. 1910.107(j)(1)
(2) Alternate use prohibited. Spray booths, rooms, or other enclosures used for spraying operations shall not alternately be used for the purpose of drying by any arrangement which will cause a material increase in the surface temperature of the spray booth, room, or enclosure. 1910.107(j)(2)
(3) Adjacent system interlocked. Except as specifically provided in paragraph (j)(4) of this section, drying, curing, or fusion units utilizing a heating system having open flames or which may produce sparks shall not be installed in a spraying area, but may be installed adjacent thereto when equipped with an interlocked ventilating system arranged to: 1910.107(j)(3)
(i) Thoroughly ventilate the drying space before the heating system can be started; 1910.107(j)(3)(i)
(ii) Maintain a safe atmosphere at any source of ignition; 1910.107(j)(3)(ii)
(iii) Automatically shut down the heating system in the event of failure of the ventilating system. 1910.107(j)(3)(iii)
(4) Alternate use permitted. Automobile refinishing spray booths or enclosures, otherwise installed and maintained in full conformity with this section, may alternately be used for drying with portable electrical infrared drying apparatus when conforming with the following: 1910.107(j)(4)
(i) Interior (especially floors) of spray enclosures shall be kept free of overspray deposits. 1910.107(j)(4)(i)
(ii) During spray operations, the drying apparatus and electrical connections and wiring thereto shall not be located within spray enclosure nor in any other location where spray residues may be deposited thereon. 1910.107(j)(4)(ii)
(iii) The spraying apparatus, the drying apparatus, and the ventilating system of the spray enclosure shall be equipped with suitable interlocks so arranged that: 1910.107(j)(4)(iii)
[a] The spraying apparatus cannot be operated while the drying apparatus is inside the spray enclosure. 1910.107(j)(4)(iii)[a]
[b] The spray enclosure will be purged of spray vapors for a period of not less than 3 minutes before the drying apparatus can be energized. 1910.107(j)(4)(iii)[b]
[c] The ventilating system will maintain a safe atmosphere within the enclosure during the drying process and the drying apparatus will automatically shut off in the event of failure of the ventilating system. 1910.107(j)(4)(iii)[c]
(iv) All electrical wiring and equipment of the drying apparatus shall conform with the applicable sections of subpart S of this part. Only equipment of a type approved for Class I, Division 2 hazardous locations shall be located within 18 inches of floor level. All metallic parts of the drying apparatus shall be properly electrically bonded and grounded. 1910.107(j)(4)(iv)
(v) The drying apparatus shall contain a prominently located, permanently attached warning sign indicating that ventilation should be maintained during the drying period and that spraying should not be conducted in the vicinity that spray will deposit on apparatus. 1910.107(j)(4)(v)
(k) Automobile undercoating in garages. Automobile undercoating spray operations in garages, conducted in areas having adequate natural or mechanical ventilation, are exempt from the requirements pertaining to spray finishing operations, when using undercoating materials not more hazardous than kerosene (as listed by Underwriters' Laboratories in respect to fire hazard rating 30-40) or undercoating materials using only solvents listed as having a flash point in excess of 100 °F. Undercoating spray operations not conforming to these provisions are subject to all requirements of this section pertaining to spray finishing operations.1910.107(k)
(l) Powder coating. 1910.107(l)
(1) Electrical and other sources of ignition. Electrical equipment and other sources of ignition shall conform to the requirements of paragraphs (c)(1)(i)-(iv), (8) and (9)(i) of this section and subpart S of this part. 1910.107(l)(1)
(2) Ventilation. 1910.107(l)(2)
(i) In addition to the provisions of paragraph (d) of this section, where applicable, exhaust ventilation shall be sufficient to maintain the atmosphere below the lowest explosive limits for the materials being applied. All nondeposited air-suspended powders shall be safely removed via exhaust ducts to the powder recovery cyclone or receptacle. Each installation shall be designed and operated to meet the foregoing performance specification. 1910.107(l)(2)(i)
(ii) Powders shall not be released to the outside atmosphere. 1910.107(l)(2)(ii)
(3) Drying, curing, or fusion equipment. The provisions of the Standard for ovens and furnaces, NFPA No. 86A-1969 shall apply where applicable. 1910.107(l)(3)
(4) Operation and maintenance. 1910.107(l)(4)
(i) All areas shall be kept free of the accumulation of powder coating dusts, particularly such horizontal surfaces as ledges, beams, pipes, hoods, booths, and floors. 1910.107(l)(4)(i)
(ii) Surfaces shall be cleaned in such manner as to avoid scattering dust to other places or creating dust clouds. 1910.107(l)(4)(ii)
(iii) "No Smoking" signs in large letters on contrasting color background shall be conspicuously posted at all powder coating areas and powder storage rooms. 1910.107(l)(4)(iii)
(5) Fixed electrostatic spraying equipment. The provisions of paragraph (h) of this section and other subparagraphs of this paragraph shall apply to fixed electrostatic equipment, except that electrical equipment not covered therein shall conform to paragraph (l)(1) of this section. 1910.107(l)(5)
(6) Electrostatic hand spraying equipment. The provisions of paragraph (i) of this section and other subparagraphs of this paragraph, shall apply to electrostatic handguns when used in powder coating, except that electrical equipment not covered therein shall conform to paragraph (l)(1) of this section.
1910.107(l)(6)
(7) Electrostatic fluidized beds. 1910.107(l)(7)
(i) Electrostatic fluidized beds and associated equipment shall be of approved types. The maximum surface temperature of this equipment in the coating area shall not exceed 150 °F. The high voltage circuits shall be so designed as to not produce a spark of sufficient intensity to ignite any powder-air mixtures nor result in appreciable shock hazard upon coming in contact with a grounded object under normal operating conditions. 1910.107(l)(7)(i)
(ii) Transformers, powerpacks, control apparatus, and all other electrical portions of the equipment, with the exception of the charging electrodes and their connections to the power supply shall be located outside of the powder coating area or shall otherwise conform to the requirements of paragraph (l)(1) of this section. 1910.107(l)(7)(ii)
(iii) All electrically conductive objects within the charging influence of the electrodes shall be adequately grounded. The powder coating equipment shall carry a prominent, permanently installed warning regarding the necessity for grounding these objects. 1910.107(l)(7)(iii)
(iv) Objects being coated shall be maintained in contact with the conveyor or other support in order to insure proper grounding. Hangers shall be regularly cleaned to insure effective contact and areas of contact shall be sharp points or knife edges where possible. 1910.107(l)(7)(iv)
(v) The electrical equipment shall be so interlocked with the ventilation system that the equipment cannot be operated unless the ventilation fans are in operation. 1910.107(l)(7)(v)
(m) Organic peroxides and dual component coatings. 1910.107(m)
(1) Conformance. All spraying operations involving the use of organic peroxides and other dual component coatings shall be conducted in approved sprinklered spray booths meeting the requirements of this section. 1910.107(m)(1)
(2) Smoking. Smoking shall be prohibited and "No Smoking" signs shall be prominently displayed and only nonsparking tools shall be used in any area where organic peroxides are stored, mixed or applied. 1910.107(m)(2)
(n) Scope. This section applies to flammable and combustible finishing materials when applied as a spray by compressed air, "airless" or "hydraulic atomization," steam, electrostatic methods, or by any other means in continuous or intermittent processes. The section also covers the application of combustible powders by powder spray guns, electrostatic powder spray guns, fluidized beds, or electrostatic fluidized beds. The section does not apply to outdoor spray application of buildings, tanks, or other similar structures, nor to small portable spraying apparatus not used repeatedly in the same location.1910.107(n)
§1910.110 Storage and handling of liquefied petroleum gases
(a) Definitions applicable to this section. (1)-(19)
(b) Basic rules. 1910.110(b)
(1) Odorizing gases. (i)-(ii) 1910.110(b)(1)
(2) Approval of equipment and systems. (i)-(iii) 1910.110(b)(2)
(3) Requirements for construction and original (i)-(v) 1910.110(b)(3)
(4) Welding of containers. (i)-(ii) 1910.110(b)(4)
(5) Markings on containers. (i)-(iii) 1910.110(b)(5)
(6) Location of containers and regulating equipment. 1910.110(b)(6)
(i) Containers, [a]-[f] 1910.110(b)(6)(i)
(ii) Each individual container shall be located 1910.110(b)(6)(ii)
(iii) Containers installed for use 1910.110(b)(6)(iii)
(iv) [Reserved] 1910.110(b)(6)(iv)
(v) In the case of buildings devoted 1910.110(b)(6)(v)
(vi) Readily ignitible material 1910.110(b)(6)(vi)
(vii) The minimum separation 1910.110(b)(6)(vii)
(viii) Suitable means shall be taken 1910.110(b)(6)(viii)
(ix) When dikes are used 1910.110(b)(6)(ix)
(7) Container valves and container accessories. (i)-(viii) 1910.110(b)(7)
(8) Piping — including pipe, tubing, and fittings. (i)-(xi) 1910.110(b)(8)
(9) Hose specifications. (i)-(vii) 1910.110(b)(9)
(10) Safety devices. (i)-(xiv) 1910.110(b)(10)
(11) Vaporizer and housing. (i)-(v) 1910.110(b)(11)
(12) Filling densities. (i)-(iii) 1910.110(b)(12)
(13) LP-Gas in buildings. (i)-(ii) 1910.110(b)(13)
(14) Transfer of liquids. (i)-(xv) 1910.110(b)(14)
(15) Tank car or transport (i)-(vi) 1910.110(b)(15)
(16) Instructions. 1910.110(b)(16)
(17) Electrical equipment and other sources of ignition. (i)-(v) 1910.110(b)(17)
(20) Requirements for appliances. (i)-(iv) 1910.110(b)(20)
(c) Cylinder systems (1)-(9) 1910.110(c)
(d) Systems utilizing containers other than DOT containers (1)-(18) 1910.110(d)
(e) Liquefied petroleum gas as a motor fuel (1)-(14) 1910.110(e)
(f) Storage of containers awaiting use or resale (1)-(7) 1910.110(f)
(g) [Reserved] 1910.110(g)
(h) Liquefied petroleum gas service stations (1)-(14) 1910.110(h)
(i) Scope (1)-(3) 1910.110(i)
§1910.119 Process safety management of highly hazardous chemicals
Purpose. This section contains requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. These releases may result in toxic, fire or explosion hazards.
(a) Application. 1910.119(a)
(1) This section applies to the following: 1910.119(a)(1) (i) A process which involves a chemical at or above the specified threshold quantities listed in appendix A to this section; 1910.119(a)(1)(i)
(ii) A process which involves a Category 1 flammable gas (as defined in 1910.1200(c)) or a flammable liquid with a flashpoint below 100 °F (37.8 °C) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more except for:1910.119(a)(1)(ii)
[A] Hydrocarbon fuels used solely for workplace consumption as a fuel (e.g., propane used for comfort heating, gasoline for vehicle refueling), if such fuels are not a part of a process containing another highly hazardous chemical covered by this standard; 1910.119(a)(1)(ii)[A]
[B] Flammable liquids with a flashpoint below 100 °F (37.8 °C) stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration. 1910.119(a)(1)(ii)[B]
(2) This section does not apply to: 1910.119(a)(2)
(i) Retail facilities;1910.119(a)(2)(i)
(ii) Oil or gas well drilling or servicing operations; or, 1910.119(a)(2)(ii)
Catastrophic release means a major uncontrolled emission, fire, or explosion, involving one or more highly hazardous chemicals, that presents serious danger to employees in the workplace. Highly hazardous chemical means a substance possessing toxic, reactive, flammable, or explosive properties and specified by paragraph (a)(1) of this section.
Facilities meeting this definition are not contiguous with, and must be geographically remote from all other buildings, processes or persons.
Process means any activity involving a highly hazardous chemical including any use, storage, manufacturing, handling, or the onsite movement of such chemicals, or combination of these activities. For purposes of this definition, any group of vessels which are interconnected and separate vessels which are located such that a highly hazardous chemical could be involved in a potential release shall be considered a single process.
(c) Employee participation. 1910.119(c)
(1) Employers shall develop a written plan of action regarding the implementation of the employee participation required by this paragraph. 1910.119(c)(1)
(2) Employers shall consult with employees 1910.119(c)(2)
(3) Employers shall provide to employees 1910.119(c)(3)
(d) Process safety information. In accordance with the schedule set forth in paragraph (e)(1) of this section, the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.(1)-(3) 1910.119(d)
(e) Process hazard analysis. 1910.119(e)
(1) The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule: (i)-(v) 1910.119(e)(1)
(2) The employer shall use one (i)-(vii) 1910.119(e)(2)
(3) The process hazard analysis shall address: (i)-(vii) 1910.119(e)(3)
(4) The process hazard analysis 1910.119(e)(4)
(5) The employer shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions. 1910.119(e)(5)
(6) At least every five (5) years 1910.119(e)(6)
(7) Employers shall retain 1910.119(e)(7)
(f) Operating procedures. 1910.119(f)
(1) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements. 1910.119(f)(1)
(i) Steps for each operating phase:[A]-[G] 1910.119(f)(1)(i)
(ii) Operating limits:[A]-[B] 1910.119(f)(1)(ii)
(iii) Safety and health considerations:1910.119(f)(1)(iii)
(iv) Safety systems and their functions.1910.119(f)(1)(iv)
(2) Operating procedures shall be readily accessible to employees who work in or maintain a process. 1910.119(f)(2)
(3) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer shall certify annually that these operating procedures are current and accurate. 1910.119(f)(3)
(4) The employer shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees. 1910.119(f)(4)
(g) Training 1910.119(g)
(1) Initial training. 1910.119(g)(1)
(i) Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks. 1910.119(g)(1)(i)
(ii) In lieu of initial training 1910.119(g)(1)(ii)
(2) Refresher training. 1910.119(g)(2)
(3) Training documentation. The employer shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The
Appendix A Succinct General Industry Regulations and Standards
employer shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training. 1910.119(g)(3)
(h) Contractors 1910.119(h)
(1) Application. 1910.119(h)(1)
(2) Employer responsibilities. 1910.119(h)(2)
(i) The employer, 1910.119(h)(2)(i)
(ii) The employer shall inform contract employers of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process. 1910.119(h)(2)(ii)
(iii) The employer shall explain to contract employers the applicable provisions of the emergency action plan required by paragraph (n) of this section. 1910.119(h)(2)(iii)
(iv) The employer shall develop and implement 1910.119(h)(2)(iv)
(v) The employer shall periodically evaluate 1910.119(h)(2)(v)
(vi) The employer shall maintain 1910.119(h)(2)(vi)
(i) The contract employer shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job. 1910.119(h)(3)(i)
(ii) The contract employer shall assure 1910.119(h)(3)(ii)
(iii) The contract employer shall document that each contract employee has received and understood the training required by this paragraph. The contract employer shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training. 1910.119(h)(3)(iii)
(iv) The contract employer shall assure 1910.119(h)(3)(iv)
(v) The contract employer shall advise 1910.119(h)(3)(v)
(i) Pre-startup safety review. 1910.119(i)
(1) The employer shall perform a pre- startup safety review for new facilities and for modified facilities when the modification is significant enough to require a change in the process safety information. 1910.119(i)(1)
(2) The pre-startup safety review (i)-(iv) 1910.119(i)(2)
(j) Mechanical integrity 1910.119(j)
(1) Application. (i)-(vi) 1910.119(j)(1)
(2) Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment. 1910.119(j)(2)
(3) Training for process maintenance activities. 1910.119(j)(3)
(4) Inspection and testing. 1910.119(j)(4)
(i) Inspections and tests 1910.119(j)(4)(i)
(ii) Inspection and testing procedures 1910.119(j)(4)(ii)
(iii) The frequency of inspections and tests 1910.119(j)(4)(iii)
(iv) The employer shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test. 1910.119(j)(4)(iv)
(5) Equipment deficiencies. 1910.119(j)(5)
(6) Quality assurance. (i)-(iii) 1910.119(j)(6) (k) Hot work permit. 1910.119(k)
(1) The employer shall issue a hot work permit for hot work operations conducted on or near a covered process. 1910.119(k)(1)
(2) The permit shall document 1910.119(k)(2)
(l) Management of change. 1910.119(l)
(1) The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process. 1910.119(l)(1)
(2) The procedures shall assure that the following (i)-(v) 1910.119(l)(2)
(3) Employees involved in operating 1910.119(l)(3)
(4) If a change covered 1910.119(l)(4)
(5) If a change covered 1910.119(l)(5)
(m) Incident investigation. 1910.119(m)
(1) The employer shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace. 1910.119(m)(1)
(2) An incident investigation shall be initiated 1910.119(m)(2)
(3) An incident investigation team shall be established 1910.119(m)(3)
(4) A report shall be prepared at the conclusion of the investigation which includes at a minimum: 1910.119(m)(4)
(i) Date of incident;1910.119(m)(4)(i)
(ii) Date investigation began;1910.119(m)(4)(ii)
(iii) A description of the incident;1910.119(m)(4)(iii)
(iv) The factors that contributed to the incident; and, 1910.119(m)(4)(iv)
(v) Any recommendations resulting from the investigation. 1910.119(m)(4)(v)
(5) The employer shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented. 1910.119(m)(5)
(6) The report shall be reviewed with all affected personnel 1910.119(m)(6)
(7) Incident investigation reports 1910.119(m)(7)
(n) Emergency planning and response. The employer shall establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).1910.119(n)
(o) Compliance Audits. 1910.119(o)
(1) Employers shall certify that they have evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under the standard are adequate and are being followed. 1910.119(o)(1)
(2) The compliance audit 1910.119(o)(2)
(3) A report of the findings 1910.119(o)(3)
(4) The employer shall promptly determine 1910.119(o)(4)
(5) Employers shall retain 1910.119(o)(5)
(p) Trade secrets. (1)-(3) 1910.119(p)
Appendix A to §1910.119 — List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory)
This appendix contains a listing of toxic and reactive highly hazardous chemicals which present a potential for a catastrophic event at or above the threshold quantity.
Chloride
Alkylaluminums Varies 5000
Ammonia, Anhydrous 7664-41-710000
Ammonia solutions (>44% ammonia by weight) 7664-41-7 15000
Ammonium Perchlorate 7790-98-97500
Ammonium Permanganate 7787-36-2 7500
Arsine (also called Arsenic Hydride)7784-42-1100
Bis(Chloromethyl) Ether 542-88-1 100
Boron Trichloride 10294-34-52500
Boron Trifluoride 7637-07-2 250
Bromine 7726-95-61500
Bromine Chloride 13863-41-7 1500
Bromine Pentafluoride 7789-30-22500
Bromine Trifluoride 7787-71-5 15000
3-Bromopropyne (also called Propargyl Bromide) 106-96-7100
Butyl Hydroperoxide (Tertiary) 75-91-2 5000
Butyl Perbenzoate (Tertiary) 614-45-97500
Carbonyl Chloride (see Phosgene) 75-44-5 100
Carbonyl Fluoride 353-50-42500
Cellulose Nitrate (concentration
>12.6% nitrogen) 9004-70-0 2500
Chlorine 7782-50-51500
Chlorine Dioxide 10049-04-4 1000
Chlorine Pentrafluoride 13637-63-31000
Chlorine Trifluoride 7790-91-2 1000
Chlorodiethylaluminum (also called Diethylaluminum Chloride) 96-10-65000
1-Chloro-2,4-Dinitrobenzene 97-00-7 5000
Chloromethyl Methyl Ether 107-30-2500
Chloropicrin 76-06-2 500
Chloropicrin and Methyl Bromide mixture None1500
Chloropicrin and Methyl Chloride mixture None 1500
Nitric Acid (94.5% by weight or greater) 7697-37-2
Oxide 10102-43-9250
Nitroaniline (para Nitroaniline
(NO; NO2; N204; N203)
Tetroxide (also called Nitrogen Peroxide)
(65% to 80% by weight; also called Fuming Sulfuric Acid) 8014-95-71,000
Peracetic Acid (concentration >60% Acetic Acid; also called Peroxyacetic Acid) 79-21-0
Perchloric Acid (concentration >60% by weight) 7601-90-35000
Peroxyacetic Acid (concentration >60% Acetic Acid; also called Peracetic Acid)
Phosgene (also called Carbonyl Chloride) 75-44-5100
Phosphine (Hydrogen Phosphide) 7803-51-2
Phosphorus Oxychloride (also called Phosphoryl Chloride) 10025-87-31000
Phosphorus Trichloride 7719-12-2
(Continued)
Chemical name CAS* TQ**
Phosphoryl Chloride (also called Phosphorus Oxychloride)
Propargyl Bromide
10025-87-31000
106-96-7 100
Propyl Nitrate 627-3-42500
Sarin 107-44-8 100
Selenium Hexafluoride 7783-79-11000
Stibine (Antimony Hydride) 7803-52-3 500
Sulfur Dioxide (liquid)
Sulfur Pentafluoride
Sulfur Tetrafluoride
Sulfur Trioxide (also called Sulfuric Anhydride)
Sulfuric Anhydride (also called Sulfur Trioxide)
Tellurium Hexafluoride
7446-09-51000
5714-22-7 250
7783-60-0250
7446-11-9 1000
7446-11-91000
7783-80-4 250
Tetrafluoroethylene 116-14-35000
Tetrafluorohydrazine
10036-47-2 5000
Tetramethyl Lead 75-74-11000
Thionyl Chloride
7719-09-7 250
Trichloro (chloromethyl) Silane1558-25-4100
Trichloro (dichlorophenyl) Silane 27137-85-5 2500
Trichlorosilane 10025-78-25000
Trifluorochloroethylene 79-38-9 10000
Trimethyoxysilane 2487-90-31500
*Chemical Abstract Service Number.
**Threshold Quantity in Pounds (Amount necessary to be covered by this standard).
§1910.120 Hazardous waste operations and emergency response
(a) Scope, application, and definitions. 1910.120(a)
(1) Scope. This section covers the following operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards: 1910.120(a)(1)
(i) Clean-up operations required by a governmental body, 1910.120(a)(1)(i)
(ii) Corrective actions involving clean-up operations
1910.120(a)(1)(ii)
(iii) Voluntary clean-up operations at sites recognized by 1910.120(a)(1)(iii)
(iv) Operations involving hazardous wastes
1910.120(a)(1)(iv)
(v) Emergency response operations for releases of, 1910.120(a)(1)(v)
(2) Application. (i)-(iv) 1910.120(a)(2)
(3) Definitions.
Buddy system means a system of organizing employees into work groups in such a manner that each employee of the work group is designated to be observed by at least one other employee in the work group. The purpose of the buddy system is to provide rapid assistance to employees in the event of an emergency.
Clean-up operation means an operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared-up, or in any other manner processed or handled with the ultimate goal of making the site safer for people or the environment.
Decontamination means the removal of hazardous substances from employees and their equipment to the extent necessary to preclude the occurrence of foreseeable adverse health affects. Emergency response or responding to emergencies means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by
maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.
Health hazard means a chemical or a pathogen where acute or chronic health effects may occur in exposed employees. It also includes stress due to temperature extremes. The term health hazard includes chemicals that are classified in accordance with the Hazard Communication Standard, 29 CFR 1910.1200, as posing one of the following hazardous effects: Acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); aspiration toxicity or simple asphyxiant. (See Appendix A to §1910.1200 — Health Hazard Criteria (Mandatory) for the criteria for determining whether a chemical is classified as a health hazard.)
Permissible exposure limit means the exposure, inhalation or dermal permissible exposure limit specified in 29 CFR part 1910, subparts G and Z.
Qualified person means a person with specific training, knowledge and experience in the area for which the person has the responsibility and the authority to control.
(b) Safety and health program. 1910.120(b)
Note to (b): Safety and health programs developed and implemented to meet other Federal, state, or local regulations are considered acceptable in meeting this requirement if they cover or are modified to cover the topics required in this paragraph. An additional or separate safety and health program is not required by this paragraph.
(1) General. 1910.120(b)(1)
(i) Employers shall develop and implement a written safety and health program for their employees involved in hazardous waste operations. The program shall be designed to identify, evaluate, and control safety and health hazards, and provide for emergency response for hazardous waste operations. 1910.120(b)(1)(i)
(ii) The written safety and health [A]-[G] 1910.120(b)(1)(ii)
[A] An organizational structure;1910.120(b)(1)(ii)[A]
[B] A comprehensive workplan;1910.120(b)(1)(ii)[B]
[C] A site-specific safety and health plan
1910.120(b)(1)(ii)[C]
[D] The safety and health training program; 1910.120(b)(1)(ii)[D]
[E] The medical surveillance program;1910.120(b)(1)(ii)[E]
[F] The employer's 1910.120(b)(1)(ii)[F]
[G] Any necessary interface 1910.120(b)(1)(ii)[G]
(iii) Site excavation. 1910.120(b)(1)(iii)
(iv) Contractors and sub-contractors. 1910.120(b)(1)(iv)
(v) Program availability. 1910.120(b)(1)(v)
(2) Organizational structure part of the site program (i)-(ii) 1910.120(b)(2)
(3) Comprehensive workplan part (i)-(vi) 1910.120(b)(3)
(4) Site-specific safety and health (i)-(iv) 1910.120(b)(4)
(c) Site characterization and analysis 1910.120(c)
(1) General. Hazardous waste sites shall be evaluated in accordance with this paragraph to identify specific site hazards and to determine the appropriate safety and health control procedures needed to protect employees from the identified hazards. 1910.120(c)(1)
(5) Personal protective equipment. (i)-(iv) 1910.120(c)(5)
(6) Monitoring. (i)-(iv) 1910.120(c)(6)
(7) Risk identification. [a]-[f] 1910.120(c)(7)
(8) Employee notification. Any information concerning the chemical, physical, and toxicologic properties of each substance known or expected to be present on site that is available to the employer and relevant to the duties an employee is expected to perform shall be made available to the affected employees prior to the commencement of their work activities. The employer may utilize information developed for the hazard communication standard for this purpose. 1910.120(c)(8)
(d) Site control (1)-(3) 1910.120(d)
(e) Training 1910.120(e)
(1) General. 1910.120(e)(1)
(i) All employees working on site (such as but not limited to equipment operators, general laborers and others) exposed to hazardous substances, health hazards, or safety hazards and their supervisors and management responsible for the site shall receive training meeting the requirements of this paragraph before they are permitted to engage in hazardous
waste operations that could expose them to hazardous substances, safety, or health hazards, and they shall receive review training as specified in this paragraph. 1910.120(e)(1)(i)
(ii) Employees shall not be permitted to participate 1910.120(e)(1)(ii)
(2) Elements to be covered. (i)-(vii) 1910.120(e)(2)
(i) Names of personnel and alternates 1910.120(e)(2)(i)
(ii) Safety, 1910.120(e)(2)(ii)
(iii) Use of personal protective equipment; 1910.120(e)(2)(iii)
(iv) Work practices by which 1910.120(e)(2)(iv)
(v) Safe use of engineering 1910.120(e)(2)(v)
(vi) Medical surveillance requirements, 1910.120(e)(2)(vi)
(vii) The contents of paragraphs (G) 1910.120(e)(2)(vii)
(3) Initial training. (i)-(iv) 1910.120(e)(3)
(4) Management and supervisor training. On-site management and supervisors directly responsible for, or who supervise employees engaged in, hazardous waste operations shall receive 40 hours initial training, and three days of supervised field experience (the training may be reduced to 24 hours and one day if the only area of their responsibility is employees covered by paragraphs (e)(3)(ii) and (e)(3)(iii)) and at least eight additional hours of specialized training at the time of job assignment on such topics as, but not limited to, the employer's safety and health program and the associated employee training program, personal protective equipment program, spill containment program, and health hazard monitoring procedure and techniques. 1910.120(e)(4)
(5) Qualifications for trainers. 1910.120(e)(5)
(6) Training certification. 1910.120(e)(6)
(7) Emergency response. 1910.120(e)(7)
(8) Refresher training. 1910.120(e)(8)
(9) Equivalent training. 1910.120(e)(9)
(f) Medical surveillance. (1)-(8) 1910.120(f)
Letter of Interpretation (LOI) Stop: Employee Refusal of Medical Surveillance Any employee subject to 1910.120(q)(9) who elects not to have a baseline examination may not perform emergency response duties as part of a HAZMAT team or as a hazardous materials specialist.
(g) Engineering controls, work practices, and personal protective equipment for employee protection. Engineering controls, work practices, personal protective equipment, or a combination of these shall be implemented in accordance with this paragraph to protect employees from exposure to hazardous substances and safety and health hazards.1910.120(g)
(1) Engineering controls, work practices and PPE (i)-(iv) 1910.120(g)(1)
(2) Engineering controls, work practices, and PPE 1910.120(g)(2)
(3) Personal protective equipment selection. 1910.120(g)(3)
(i) Personal protective equipment (PPE) shall be selected and used which will protect employees from the hazards and potential hazards they are likely to encounter as identified during the site characterization and analysis. 1910.120(g)(3)(i)
(ii) Personal protective equipment selection 1910.120(g)(3)(ii)
(iv) Totally-encapsulating chemical protective suits 1910.120(g)(3)(iv)
(v) The level of protection provided by PPE 1910.120(g)(3)(v)
(vi) Personal protective equipment shall be selected 1910.120(g)(3)(vi)
(4) Totally-encapsulating chemical protective suits. (i)-(iii)
1910.120(g)(4)
(5) Personal protective equipment (PPE) program. A written personal protective equipment program, which is part of the employer's safety and health program required in paragraph (b) of this section or required in paragraph (p)(1) of this section and which is also a part of the site-specific safety and health plan shall be established. The PPE program shall address the elements listed below. When elements, such as donning and doffing procedures, are provided by the manufacturer of a piece of equipment and are attached to the plan, they need not be rewritten into the plan as long as they adequately address the procedure or element. 1910.120(g)(5)
(i) PPE selection based upon site hazards,1910.120(g)(5)(i)
(ii) PPE use and limitations of the equipment,1910.120(g)(5)(ii)
(iii) Work mission duration,1910.120(g)(5)(iii)
(iv) PPE maintenance and storage,1910.120(g)(5)(iv)
(v) PPE decontamination and disposal,1910.120(g)(5)(v)
(vi) PPE training and proper fitting,1910.120(g)(5)(vi)
(vii) PPE donning and doffing procedures,1910.120(g)(5)(vii)
(viii) PPE inspection procedures prior to, during, and after use, 1910.120(g)(5)(viii)
(ix) Evaluation of the effectiveness of the PPE program, and 1910.120(g)(5)(ix)
(x) Limitations during temperature extremes, heat stress, and other appropriate medical considerations. 1910.120(g)(5)(x)
(h) Monitoring (1)-(4) 1910.120(h)
(i) Informational programs. 1910.120(i)
(j) Handling drums and containers (1)-(9) 1910.120(j)
(k) Decontamination (1)-(8) 1910.120(k)
(l) Emergency response by employees at uncontrolled hazardous waste sites 1910.120(l)
(1) Emergency response plan. 1910.120(l)(1)
(i) An emergency response plan shall be developed and implemented by all employers within the scope of paragraphs (a)(1)(i)-(ii) of this section to handle anticipated emergencies prior to the commencement of hazardous waste operations. The plan shall be in writing and available for inspection and copying by employees, their representatives, OSHA personnel and other governmental agencies with relevant responsibilities. 1910.120(l)(1)(i)
(ii) Employers who will evacuate their employees
1910.120(l)(1)(ii)
(2) Elements of an emergency response (i)-(xi) 1910.120(l)(2)
(n) Sanitation at temporary workplaces (1)-(7) 1910.120(n) (o) New technology programs. (1)-(2) 1910.120(o)
(p) Certain Operations Conducted (1)-(8) 1910.120(p)
(q) Emergency response to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.1910.120(q)
(1) Emergency response plan. An emergency response plan shall be developed and implemented to handle anticipated emergencies prior to the commencement of emergency response operations. The plan shall be in writing and available for inspection and copying by employees, their representatives and OSHA personnel. Employers who will evacuate their employees from the danger area when an emergency occurs, and who do not permit any of their employees to assist in handling the emergency, are exempt from the requirements of this paragraph if they provide an emergency action plan in accordance with 29 CFR 1910.38. 1910.120(q)(1)
(2) Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following to the extent that they are not addressed elsewhere: 1910.120(q)(2)
(i) Pre-emergency planning and coordination with outside parties.1910.120(q)(2)(i)
(ii) Personnel roles, lines of authority, training, and communication.1910.120(q)(2)(ii)
(iii) Emergency recognition and prevention.1910.120(q)(2)(iii)
(iv) Safe distances and places of refuge.1910.120(q)(2)(iv)
(v) Site security and control.1910.120(q)(2)(v)
(vi) Evacuation routes and procedures.1910.120(q)(2)(vi)
(vii) Decontamination.1910.120(q)(2)(vii)
(viii) Emergency medical treatment and first aid.1910.120(q)(2)(viii)
(ix) Emergency alerting and response procedures. 1910.120(q)(2)(ix)
(x) Critique of response and follow-up.1910.120(q)(2)(x)
(xi) PPE and emergency equipment.1910.120(q)(2)(xi)
(xii) Emergency response organizations may use the local emergency response plan or the state emergency response plan or both, as part of their emergency response plan to avoid duplication. Those items of the emergency response plan that are being properly addressed by the SARA Title III plans may be substituted into their emergency plan or otherwise kept together for the employer and employee's use. 1910.120(q)(2)(xii)
(3) Procedures for handling emergency response. 1910.120(q)(3)
(i) The senior emergency response official responding to an emergency shall become the individual in charge of a site-specific Incident Command System (ICS). All emergency responders and their communications shall be coordinated and controlled through the individual in charge of the ICS assisted by the senior official present for each employer. 1910.120(q)(3)(i)
Succinct General Industry Regulations and Standards
Note to paragraph (q)(3)(i): The "senior official" at an emergency response is the most senior official on the site who has the responsibility for controlling the operations at the site. Initially it is the senior officer on the firstdue piece of responding emergency apparatus to arrive on the incident scene. As more senior officers arrive (i.e., battalion chief, fire chief, state law enforcement official, site coordinator, etc.) the position is passed up the line of authority which has been previously established.
(ii) The individual in charge of the ICS shall identify, to the extent possible, all hazardous substances or conditions present and shall address as appropriate site analysis, use of engineering controls, maximum exposure limits, hazardous substance handling procedures, and use of any new technologies. 1910.120(q)(3)(ii)
(iii) Based on the hazardous substances 1910.120(q)(3)(iii)
(iv) Employees engaged in emergency response 1910.120(q)(3)(iv)
(v) The individual in charge of the ICS 1910.120(q)(3)(v)
(vi) Back-up personnel shall stand 1910.120(q)(3)(vi)
(vii) The individual in charge of the ICS shall designate a safety official, who is knowledgable in the operations being implemented at the emergency response site, with specific responsibility to identify and evaluate hazards and to provide direction with respect to the safety of operations for the emergency at hand. 1910.120(q)(3)(vii)
(viii) When activities are judged by the safety 1910.120(q)(3)(viii)
(ix) After emergency operations have terminated, the individual in charge of the ICS shall implement appropriate decontamination procedures. 1910.120(q)(3)(ix)
(x) When deemed necessary for meeting the tasks at hand, 1910.120(q)(3)(x)
(4) Skilled support personnel. 1910.120(q)(4)
(5) Specialist employees. 1910.120(q)(5)
(6) Training. Training shall be based on the duties and function to be performed by each responder of an emergency response organization. The skill and knowledge levels required for all new responders, those hired after the effective date of this standard, shall be conveyed to them through training before they are permitted to take part in actual emergency operations on an incident. Employees who participate, or are expected to participate, in emergency response, shall be given training in accordance with the following paragraphs: 1910.120(q)(6)
(i) First responder awareness level. First responders at the awareness level are individuals who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response sequence by notifying the proper authorities of the release. They would take no further action beyond notifying the authorities of the release. First responders at the awareness level shall have sufficient training or have had sufficient experience to objectively demonstrate competency in the following areas: [A][F] 1910.120(q)(6)(i)
(ii) First responder operations level. First responders at the operations level are individuals who respond to releases or potential releases of hazardous substances as part of the initial response to the site for the purpose of protecting nearby persons, property, or the environment from the effects of the release. They are trained to respond in a defensive fashion without actually trying to stop the release. Their function is to contain the release from a safe distance, keep it from spreading, and prevent exposures. First responders at the operational level shall have received at least eight hours of training or have had sufficient experience to objectively demonstrate competency in the following areas in addition to those listed for the awareness level and the employer shall so certify: [A]-[F] 1910.120(q)(6)(ii)
(iii) Hazardous materials technician. Hazardous materials technicians are individuals who respond to releases or potential releases for the purpose of stopping the release. They assume a more aggressive role than a first responder at the operations level in that they will approach the point of release in order to plug, patch or otherwise stop the release of a hazardous substance. Hazardous materials technicians shall have received at least 24 hours of training equal to the first responder operations level and in addition have competency in the following areas and the employer shall so certify: [A]-[I] 1910.120(q)(6)(iii)
(v) On scene incident commander. Incident commanders, who will assume control of the incident scene beyond the first responder awareness level, shall receive at least 24 hours of training equal to the first responder operations level
and in addition have competency in the following areas and the employer shall so certify: [A]-[F] 1910.120(q)(6)(v)
(7) Trainers. Trainers who teach any of the above training subjects shall have satisfactorily completed a training course for teaching the subjects they are expected to teach, such as the courses offered by the U.S. National Fire Academy, or they shall have the training and/or academic credentials and instructional experience necessary to demonstrate competent instructional skills and a good command of the subject matter of the courses they are to teach. 1910.120(q)(7)
(8) Refresher training. 1910.120(q)(8)
(i) Those employees who are trained in accordance with paragraph (q)(6) of this section shall receive annual refresher training of sufficient content and duration to maintain their competencies, or shall demonstrate competency in those areas at least yearly. 1910.120(q)(8)(i)
(ii) A statement shall be made 1910.120(q)(8)(ii)
(9) Medical surveillance and consultation. (i)-(ii) 1910.120(q)(9)
(10) Chemical protective clothing. Chemical protective clothing and equipment to be used by organized and designated HAZMAT team members, or to be used by hazardous materials specialists, shall meet the requirements of paragraphs (g)(3) through (5) of this section. 1910.120(q)(10)
§1910.123 Dipping and coating operations: Coverage and definitions
(a) Does this rule apply to me? 1910.123(a) (1) This rule (§§1910.123 through 1910.126) applies when you use a dip tank containing a liquid other than water. It applies when you use the liquid in the tank or its vapor to: 1910.123(a)(1) (i) Clean an object;1910.123(a)(1)(i) (ii) Coat an object;1910.123(a)(1)(ii) (iii) Alter the surface of an object; or1910.123(a)(1)(iii) (iv) Change the character of an object.1910.123(a)(1)(iv)
(2) This rule also applies to the draining or drying of an object you have dipped or coated. 1910.123(a)(2)
(b) What operations are covered? Examples of covered operations are paint dipping, electroplating, pickling, quenching, tanning, degreasing, stripping, cleaning, roll coating, flow coating, and curtain coating.1910.123(b)
(c) What operations are not covered? 1910.123(c)
§1910.124 General requirements for dipping and coating operations
(a) What construction requirements apply to dip tanks? 1910.124(a)
(b) What ventilation requirements apply to vapor areas? (1)-(6) 1910.124(b)
(c) What requirements must I follow to recirculate exhaust air into the workplace? (1)-(3) 1910.124(c)
(d) What must I do when I use an exhaust hood? (1)-(2) 1910.124(d)
(e) What requirements must I follow when an employee enters a dip tank? 1910.124(e)
(f) What first-aid procedures must my employees know? Your employees must know the first-aid procedures that are appropriate to the dipping or coating hazards to which they are exposed.1910.124(f)
(g) What hygiene facilities must I provide? (1)-(3) 1910.124(g)
(h) What treatment and first aid must I provide? (1)-(4) 1910.124(h)
(i) What must I do before an employee cleans a dip tank? (1)(2) 1910.124(i)
(j) What must I do to inspect and maintain my dipping or coating operation? (1)-(5) 1910.124(j)
§1910.125 Additional requirements for dipping and coating operations that use flammable liquids or liquids with flashpoints greater than 199.4 °F (93 °C)
If you use flammable liquids, you must comply with the requirements of this section as well as the requirements of §§1910.123, 1910.124, and 1910.126, as applicable.
You must also comply with this section if: And:
• The flashpoint of the liquid is 199.4 °F (93 °C) or above
• The liquid is heated as part of the operation; or
• A heated object is placed in the liquid.
(a) What type of construction material must be used in making my dip tank? 1910.125(a)
(b) When must I provide overflow piping? (1)-(2) 1910.125(b)
(c) When must I provide a bottom drain? (1)-(4) 1910.125(c)
(d) When must my conveyor system shut down automatically? (1)-(2) 1910.125(d)
(e) What ignition and fuel sources must be controlled? (1)-(5) 1910.125(e)
(f) What fire protection must I provide? (1)-(3) 1910.125(f)
(g) To what temperature may I heat a liquid in a dip tank? (1)(2) 1910.125(g)
§1910.126 Additional requirements for special dipping and coating operations
In addition to the requirements in §§1910.123 through 1910.125, you must comply with any requirement in this section that applies to your operation.
(a) What additional requirements apply to hardening or tempering tanks? (1)-(6) 1910.126(a)
(b) What additional requirements apply to flow coating? (1)-(2) 1910.126(b)
(c) What additional requirements apply to roll coating, roll spreading, or roll impregnating? (1)-(2) 1910.126(c)
(d) What additional requirements apply to vapor degreasing tanks? (1)-(4) 1910.126(d)
(e) What additional requirements apply to cyanide tanks? 1910.126(e)
(f) What additional requirements apply to spray cleaning tanks and spray degreasing tanks? (1)-(2) 1910.126(f)
(g) What additional requirements apply to electrostatic paint detearing? (1)-(8) 1910.126(g)
Subpart I – Personal Protective Equipment
§1910.132 General requirements
Letter of Interpretation (LOI) Stop: Similar workplaces should have similar PPE requirements The Employer will be capable of determining and evaluating the hazards of a particular workplace, and that where multiple sites are involved, similar analyses will produce similar results. It will be the exception, rather than the rule of management at different sites with similar hazards to choose vastly different PPE.
(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.1910.132(a)
Letter of Interpretation (LOI) Stop: Flame-resistant clothing Based on the large quantity of flammable materials at your facility, we believe any worksite assessment required by OSHA or NFPA2113 would conclude that employees must wear flame-resistant garments or flame-resistant clothing to protect against the flash fire hazards.
(b) Employee-owned equipment. Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.1910.132(b)
(c) Design. All personal protective equipment shall be of safe design and construction for the work to be performed.1910.132(c)
(d) Hazard assessment and equipment selection. 1910.132(d)
(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall: 1910.132(d)(1)
(i) Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment; 1910.132(d)(1)(i)
(ii) Communicate selection decisions to each affected employee; and, 1910.132(d)(1)(ii)
(iii) Select PPE that properly fits each affected employee. 1910.132(d)(1)(iii)
Note: Non-mandatory Appendix B contains an example of procedures that would comply with the requirement for a hazard assessment.
(2) The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment. 1910.132(d)(2)
(e) Defective and damaged equipment. Defective or damaged personal protective equipment shall not be used.1910.132(e)
(f) Training. 1910.132(f)
(1) The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following: 1910.132(f)(1)
(i) When PPE is necessary;1910.132(f)(1)(i)
(ii) What PPE is necessary;1910.132(f)(1)(ii)
(iii) How to properly don, doff, adjust, and wear PPE; 1910.132(f)(1)(iii)
(iv) The limitations of the PPE; and,1910.132(f)(1)(iv)
(v) The proper care, maintenance, useful life and disposal of the PPE. 1910.132(f)(1)(v)
(2) Each affected employee shall demonstrate an understanding of the training specified in paragraph (f)(1) of this section, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE. 1910.132(f)(2)
(3) When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (f)(2) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where: (i)-(iii) 1910.132(f)(3)
(g) Paragraphs (d) and (f) 1910.132(g)
(h) Payment for protective equipment. 1910.132(h)
(1) Except as provided by paragraphs (h)(2) through (h)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees. 1910.132(h)(1)
(2) The employer is not required to pay for non-specialty safetytoe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job-site. 1910.132(h)(2)
(3) When the employer provides metatarsal guards and allows 1910.132(h)(3)
(4) The employer is not required to pay for: 1910.132(h)(4)
(i) The logging boots required by 29 CFR 1910.266(d)(1)(v); 1910.132(h)(4)(i)
(ii) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or 1910.132(h)(4)(ii)
(iii) Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen. 1910.132(h)(4)(iii)
(5) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE. 1910.132(h)(5)
(6) Where an employee provides adequate protective equipment he or she owns pursuant to paragraph (b) of this section, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer shall not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted by paragraphs (h)(2) through (h)(5) of this section. 1910.132(h)(6)
(7) This paragraph (h) shall become effective on February 13, 2008. 1910.132(h)(7)
Note to §1910.132(h): When the provisions of another OSHA standard specify whether or not the employer must pay for specific equipment, the payment provisions of that standard shall prevail.
§1910.133 Eye and face protection
(a) General requirements. 1910.133(a)
(1) The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation. 1910.133(a)(1)
(2) The employer shall ensure that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors (e.g. clipon or slide-on side shields) meeting the pertinent requirements of this section are acceptable. 1910.133(a)(2)
§1910.134
(3) The employer shall ensure that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards wears eye protection that incorporates the prescription in its design, or wears eye protection that can be worn over the prescription lenses without disturbing the proper position of the prescription lenses or the protective lenses. 1910.133(a)(3)
(4) Eye and face PPE shall be distinctly marked to facilitate identification of the manufacturer. 1910.133(a)(4)
(5) The employer shall ensure that each affected employee uses equipment with filter lenses 1910.133(a)(5)
(b) Criteria for protective eye and face protection. 1910.133(b)
(1) Protective eye and face protection devices must comply with any of the following consensus standards: 1910.133(b)(1)
(2) Protective eye and face protection devices that the employer demonstrates 1910.133(b)(2)
§1910.134
Respiratory protection
This section applies to General Industry (part 1910), Shipyards (part 1915), Marine Terminals (part 1917), Longshoring (part 1918), and Construction (part 1926).
(a) Permissible practice. 1910.134(a)
(1) In the control of those occupational diseases caused by breathing air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the primary objective shall be to prevent atmospheric contamination. This shall be accomplished as far as feasible by accepted engineering control measures (for example, enclosure or confinement of the operation, general and local ventilation, and substitution of less toxic materials). When effective engineering controls are not feasible, or while they are being instituted, appropriate respirators shall be used pursuant to this section. 1910.134(a)(1)
(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program, which shall include the requirements outlined in paragraph (c) of this section. The program shall cover each employee required by this section to use a respirator. 1910.134(a)(2)
(b) Definitions. The following definitions are important terms used in the respiratory protection standard in this section.
Air-purifying respirator means a respirator with an air-purifying filter, cartridge, or canister that removes specific air contaminants by passing ambient air through the air-purifying element.
Assigned protection factor (APF) means the workplace level of respiratory protection that a respirator or class of respirators is expected to provide to employees when the employer implements a continuing, effective respiratory protection program as specified by this section.
Atmosphere-supplying respirator means a respirator that supplies the respirator user with breathing air from a source independent of the ambient atmosphere, and includes supplied-air respirators (SARs) and self-contained breathing apparatus (SCBA) units.
Canister or cartridge means a container with a filter, sorbent, or catalyst, or combination of these items, which removes specific contaminants from the air passed through the container.
Demand respirator means an atmosphere-supplying respirator that admits breathing air to the facepiece only when a negative pressure is created inside the facepiece by inhalation.
Emergency situation means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment that may or does result in an uncontrolled significant release of an airborne contaminant.
Employee exposure means exposure to a concentration of an airborne contaminant that would occur if the employee were not using respiratory protection.
End-of-service-life indicator (ESLI) means a system that warns the respirator user of the approach of the end of adequate respiratory protection, for example, that the sorbent is approaching saturation or is no longer effective.
Escape-only respirator means a respirator intended to be used only for emergency exit.
Filter or air purifying element means a component used in res-
pirators to remove solid or liquid aerosols from the inspired air. Filtering facepiece (dust mask) means a negative pressure particulate respirator with a filter as an integral part of the facepiece or with the entire facepiece composed of the filtering medium.
Fit factor means a quantitative estimate of the fit of a particular respirator to a specific individual, and typically estimates the ratio of the concentration of a substance in ambient air to its concentration inside the respirator when worn.
Fit test means the use of a protocol to qualitatively or quantitatively evaluate the fit of a respirator on an individual. (See also Qualitative fit test QLFT and Quantitative fit test QNFT.)
Helmet means a rigid respiratory inlet covering that also provides head protection against impact and penetration.
High efficiency particulate air (HEPA) filter means a filter that is at least 99.97% efficient in removing monodisperse particles of 0.3 micrometers in diameter. The equivalent NIOSH 42 CFR 84 particulate filters are the N100, R100, and P100 filters.
Hood means a respiratory inlet covering that completely covers the head and neck and may also cover portions of the shoulders and torso. Immediately dangerous to life or health (IDLH) means an atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere.
Interior structural firefighting means the physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures which are involved in a fire situation beyond the incipient stage. (See 29 CFR 1910.155)
Loose-fitting facepiece means a respiratory inlet covering that is designed to form a partial seal with the face.
Maximum use concentration (MUC) means the maximum atmospheric concentration of a hazardous substance from which an employee can be expected to be protected when wearing a respirator, and is determined by the assigned protection factor of the respirator or class of respirators and the exposure limit of the hazardous substance. The MUC can be determined mathematically by multiplying the assigned protection factor specified for a respirator by the required OSHA permissible exposure limit, short-term exposure limit, or ceiling limit. When no OSHA exposure limit is available for a hazardous substance, an employer must determine an MUC on the basis of relevant available information and informed professional judgment.
Negative pressure respirator (tight fitting) means a respirator in which the air pressure inside the facepiece is negative during inhalation with respect to the ambient air pressure outside the respirator. Oxygen deficient atmosphere means an atmosphere with an oxygen content below 19.5% by volume.
Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide, or be delegated the responsibility to provide, some or all of the health care services required by paragraph (e) of this section.
Positive pressure respirator means a respirator in which the pressure inside the respiratory inlet covering exceeds the ambient air pressure outside the respirator.
Powered air-purifying respirator (PAPR) means an air-purifying respirator that uses a blower to force the ambient air through air-purifying elements to the inlet covering.
Pressure demand respirator means a positive pressure atmosphere-supplying respirator that admits breathing air to the facepiece when the positive pressure is reduced inside the facepiece by inhalation.
Qualitative fit test (QLFT) means a pass/fail fit test to assess the adequacy of respirator fit that relies on the individual's response to the test agent.
Quantitative fit test (QNFT) means an assessment of the adequacy of respirator fit by numerically measuring the amount of leakage into the respirator.
Respiratory inlet covering means that portion of a respirator that forms the protective barrier between the user's respiratory tract and an air-purifying device or breathing air source, or both. It may be a facepiece, helmet, hood, suit, or a mouthpiece respirator with nose clamp.
Self-contained breathing apparatus (SCBA) means an atmosphere-supplying respirator for which the breathing air source is designed to be carried by the user.
Service life means the period of time that a respirator, filter or sorbent, or other respiratory equipment provides adequate protection to the wearer.
Supplied-air respirator (SAR) or airline respirator means an atmosphere-supplying respirator for which the source of breathing air is not designed to be carried by the user.
This section means this respiratory protection standard. Tight-fitting facepiece means a respiratory inlet covering that forms a complete seal with the face.
User seal check means an action conducted by the respirator user to determine if the respirator is properly seated to the face.
(c) Respiratory protection program. This paragraph requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be administered by a suitably trained program administrator. In addition, certain program elements may be required for voluntary use to prevent potential hazards associated with the use of the respirator. The Small Entity Compliance Guide contains criteria for the selection of a program administrator and a sample program that meets the requirements of this paragraph. Copies of the Small Entity Compliance Guide will be available on or about April 8, 1998 from the Occupational Safety and Health Administration's Office of Publications, Room N 3101, 200 Constitution Avenue, NW, Washington, DC, 20210 (202-219-4667).1910.134(c)
Letter of Interpretation (LOI) Stop: Medical evaluation for dust mask use - Non-voluntary use of a filtering facepiece (dust mask/disposable paper type dust respirator) requires that the employer establish and implement a written respiratory protection program with worksite-specific procedures [and] must include the medical evalution of employees. Voluntary use does not require medical evaluation. The employer needs only to ensure that the dust masks are not ditry or contaminated, that their use does not interfere with the employee's ability to work safely, and provide a copy of Appendix D [information for employees using respirators when not required under the standard] to each voluntar wearer.
(1) In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable: 1910.134(c)(1)
(i) Procedures for selecting respirators for use in the workplace;1910.134(c)(1)(i)
(ii) Medical evaluations of employees required to use respirators;1910.134(c)(1)(ii)
(iii) Fit testing procedures for tight-fitting respirators; 1910.134(c)(1)(iii)
(iv) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; 1910.134(c)(1)(iv)
(v) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; 1910.134(c)(1)(v)
(vi) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators; 1910.134(c)(1)(vi)
(vii) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; 1910.134(c)(1)(vii)
(viii) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and 1910.134(c)(1)(viii)
(ix) Procedures for regularly evaluating the effectiveness of the program. 1910.134(c)(1)(ix)
(2) Where respirator use is not required: 1910.134(c)(2)
(i) An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in appendix D to this section ("Information for Employees Using Respirators When Not Required Under the Standard"); and 1910.134(c)(2)(i)
(ii) In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. 1910.134(c)(2)(ii)
Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).
(3) The employer shall designate a program administrator who is qualified by appropriate training or experience that is commensurate with the complexity of the program to administer or oversee the respiratory protection program and conduct the required evaluations of program effectiveness. 1910.134(c)(3)
(4) The employer shall provide respirators, training, and medical evaluations at no cost to the employee. 1910.134(c)(4)
(d) Selection of respirators. This paragraph requires the employer to evaluate respiratory hazard(s) in the workplace, identify relevant workplace and user factors, and base respirator selection on these factors. The paragraph also specifies appropriately protective respirators for use in IDLH atmospheres, and limits the selection and use of air-purifying respirators.1910.134(d)
(1) General requirements. 1910.134(d)(1)
(i) The employer shall select and provide an appropriate respirator based on the respiratory hazard(s) to which the worker is exposed and workplace and user factors that affect respirator performance and reliability. 1910.134(d)(1)(i)
(ii) The employer shall select a NIOSH-certified respirator. The respirator shall be used in compliance with the conditions of its certification. 1910.134(d)(1)(ii)
(iii) The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH. 1910.134(d)(1)(iii)
(iv) The employer shall select respirators from a sufficient number of respirator models and sizes so that the respirator is acceptable to, and correctly fits, the user. 1910.134(d)(1)(iv)
(2) Respirators for IDLH atmospheres. 1910.134(d)(2)
(i) The employer shall provide the following respirators for employee use in IDLH atmospheres: 1910.134(d)(2)(i)
[A] A full facepiece pressure demand SCBA certified by NIOSH for a minimum service life of thirty minutes, or 1910.134(d)(2)(i)[A]
[B] A combination full facepiece pressure demand supplied-air respirator (SAR) with auxiliary self-contained air supply. 1910.134(d)(2)(i)[B]
(ii) Respirators provided only for escape from IDLH atmospheres shall be NIOSH-certified for escape from the atmosphere in which they will be used. 1910.134(d)(2)(ii)
(iii) All oxygen-deficient atmospheres shall be considered IDLH. 1910.134(d)(2)(iii)
Exception: If the employer demonstrates that, under all foreseeable conditions, the oxygen concentration can be maintained within the ranges specified in Table II of this section (i.e., for the altitudes set out in the table), then any atmosphere-supplying respirator may be used.
(3) Respirators for atmospheres that are not IDLH. 1910.134(d)(3) (i) The employer shall provide a respirator that is adequate to protect the health of the employee and ensure compliance with all other OSHA statutory and regulatory requirements, under routine and reasonably foreseeable emergency situations. 1910.134(d)(3)(i)
[A] Assigned Protection Factors (APFs). Employers must use the assigned protection factors listed in Table 1 to select a respirator that meets or exceeds the required level of employee protection. When using a combination respirator (e.g., airline respirators with an air-purifying filter), employers must ensure that the assigned protection factor is appropriate to the mode of operation in which the respirator is being used. 1910.134(d)(3)(i)[A]
Table 1—Assigned Protection Factors5
2. Powered AirPurifying Respirator (PAPR)
3. Supplied-Air Respirator (SAR) or Airline Respirator
Table 1—Assigned Protection Factors5 (Continued)
4. SelfContained Breathing Apparatus (SCBA)
•
•
Notes:
1 Employers may select respirators assigned for use in higher workplace concentrations of a hazardous substance for use at lower concentrations of that substance, or when required respirator use is independent of concentration.
2 The assigned protection factors in Table 1 are only effective when the employer implements a continuing, effective respirator program as required by this section (29 CFR 1910.134), including training, fit testing, maintenance, and use requirements.
3 This APF category includes filtering facepieces, and half masks with elastomeric facepieces.
4 The employer must have evidence provided by the respirator manufacturer that testing of these respirators demonstrates performance at a level of protection of 1,000 or greater to receive an APF of 1,000. This level of performance can best be demonstrated by performing a WPF or SWPF study or equivalent testing. Absent such testing, all other PAPRs and SARs with helmets/hoods are to be treated as loose-fitting facepiece respirators, and receive an APF of 25.
5 These APFs do not apply to respirators used solely for escape. For escape respirators used in association with specific substances covered by 29 CFR 1910 subpart Z, employers must refer to the appropriate substance-specific standards in that subpart. Escape respirators for other IDLH atmospheres are specified by 29 CFR 1910.134 (d)(2)(ii).
[B] Maximum Use Concentration (MUC).[1]-[3]
1910.134(d)(3)(i)[B]
(ii) The respirator selected shall be appropriate for the chemical state and physical form of the contaminant. 1910.134(d)(3)(ii)
(iii) For protection against gases and vapors, the employer shall provide: 1910.134(d)(3)(iii)
[A] An atmosphere-supplying respirator, or 1910.134(d)(3)(iii)[A]
[B] An air-purifying respirator, provided that: 1910.134(d)(3)(iii)[B] [1] The respirator is equipped with an end-ofservice-life indicator (ESLI) certified by NIOSH for the contaminant; or 1910.134(d)(3)(iii)[B][1]
[2] If there is no ESLI appropriate for conditions in the employer's workplace, the employer implements a change schedule for canisters and cartridges that is based on objective information or data that will ensure that canisters and cartridges are changed before the end of their service life. The employer shall describe in the respirator program the information and data relied upon and the basis for the canister and cartridge change schedule and the basis for reliance on the data. 1910.134(d)(3)(iii)[B][2]
(iv) For protection against particulates, the employer shall provide:1910.134(d)(3)(iv)
[A] An atmosphere-supplying respirator; or 1910.134(d)(3)(iv)[A]
[B] An air-purifying respirator equipped with a filter certified by NIOSH under 30 CFR part 11 as a high efficiency particulate air (HEPA) filter, or an air-purifying respirator equipped with a filter certified for particulates by NIOSH under 42 CFR part 84; or 1910.134(d)(3)(iv)[B]
[C] For contaminants consisting primarily of particles with mass median aerodynamic diameters (MMAD) of at
least 2 micrometers, an air-purifying respirator equipped with any filter certified for particulates by NIOSH. 1910.134(d)(3)(iv)[C]
Oxygen deficient Atmospheres (% O2) for which the employer may rely on atmosphere-supplying respirators
Less than 3,001 16.0-19.5
3,001-4,000 16.4-19.5
4,001-5,000 17.1-19.5
5,001-6,000 17.8-19.5
6,001-7,000 18.5-19.5 7,001-8,0001 19.3-19.5.
1 Above 8,000 feet the exception does not apply. Oxygen-enriched breathing air must be supplied above 14,000 feet.
(e) Medical evaluation. Using a respirator may place a physiological burden on employees that varies with the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee. Accordingly, this paragraph specifies the minimum requirements for medical evaluation that employers must implement to determine the employee's ability to use a respirator.1910.134(e)
(1) General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator. 1910.134(e)(1)
(2) Medical evaluation procedures. 1910.134(e)(2)
(i) The employer shall identify a physician or other licensed health care professional (PLHCP) to perform medical evaluations using a medical questionnaire or an initial medical examination that obtains the same information as the medical questionnaire. 1910.134(e)(2)(i)
(ii) The medical evaluation shall obtain the information requested by the questionnaire in Sections 1 and 2, part A of appendix C of this section. 1910.134(e)(2)(ii)
(3) Follow-up medical examination. 1910.134(e)(3)
(i) The employer shall ensure that a follow-up medical examination is provided for an employee who gives a positive response to any question among questions 1 through 8 in Section 2, part A of appendix C or whose initial medical examination demonstrates the need for a follow-up medical examination. 1910.134(e)(3)(i)
(ii) The follow-up medical examination shall include any medical tests, consultations, or diagnostic procedures that the PLHCP deems necessary to make a final determination. 1910.134(e)(3)(ii)
(4) Administration of the medical questionnaire and examinations. 1910.134(e)(4)
(i) The medical questionnaire and examinations shall be administered confidentially during the employee's normal working hours or at a time and place convenient to the employee. The medical questionnaire shall be administered in a manner that ensures that the employee understands its content. 1910.134(e)(4)(i)
(ii) The employer shall provide the employee with an opportunity to discuss the questionnaire and examination results with the PLHCP. 1910.134(e)(4)(ii)
(5) Supplemental information for the PLHCP. 1910.134(e)(5)
(i) The following information must be provided to the PLHCP before the PLHCP makes a recommendation concerning an employee's ability to use a respirator:1910.134(e)(5)(i)
[A] The type and weight of the respirator to be used by the employee; 1910.134(e)(5)(i)[A]
[B] The duration and frequency of respirator use (including use for rescue and escape); 1910.134(e)(5)(i)[B]
[C] The expected physical work effort; 1910.134(e)(5)(i)[C]
[D] Additional protective clothing and equipment to be worn; and 1910.134(e)(5)(i)[D]
[E] Temperature and humidity extremes that may be encountered. 1910.134(e)(5)(i)[E]
(ii) Any supplemental information provided previously to the PLHCP regarding an employee need not be provided for a •
subsequent medical evaluation if the information and the PLHCP remain the same. 1910.134(e)(5)(ii)
(iii) The employer shall provide the PLHCP with a copy of the written respiratory protection program and a copy of this section. 1910.134(e)(5)(iii)
Note to paragraph (e)(5)(iii): When the employer replaces a PLHCP, the employer must ensure that the new PLHCP obtains this information, either by providing the documents directly to the PLHCP or having the documents transferred from the former PLHCP to the new PLHCP. However, OSHA does not expect employers to have employees medically reevaluated solely because a new PLHCP has been selected.
(6) Medical determination. In determining the employee's ability to use a respirator, the employer shall: 1910.134(e)(6)
(i) Obtain a written recommendation regarding the employee's ability to use the respirator from the PLHCP. The recommendation shall provide only the following information: 1910.134(e)(6)(i)
[A] Any limitations on respirator use related to the medical condition of the employee, or relating to the workplace conditions in which the respirator will be used, including whether or not the employee is medically able to use the respirator; 1910.134(e)(6)(i)[A]
[B] The need, if any, for follow-up medical evaluations; and 1910.134(e)(6)(i)[B]
[C] A statement that the PLHCP has provided the employee with a copy of the PLHCP's written recommendation. 1910.134(e)(6)(i)[C]
(ii) If the respirator is a negative pressure respirator and the PLHCP finds a medical condition that may place the employee's health at increased risk if the respirator is used, the employer shall provide a PAPR if the PLHCP's medical evaluation finds that the employee can use such a respirator; if a subsequent medical evaluation finds that the employee is medically able to use a negative pressure respirator, then the employer is no longer required to provide a PAPR. 1910.134(e)(6)(ii)
(7) Additional medical evaluations. At a minimum, the employer shall provide additional medical evaluations that comply with the requirements of this section if: 1910.134(e)(7)
(i) An employee reports medical signs or symptoms that are related to ability to use a respirator; 1910.134(e)(7)(i)
(ii) A PLHCP, supervisor, or the respirator program administrator informs the employer that an employee needs to be reevaluated; 1910.134(e)(7)(ii)
(iii) Information from the respiratory protection program, including observations made during fit testing and program evaluation, indicates a need for employee reevaluation; or1910.134(e)(7)(iii)
(iv) A change occurs in workplace conditions (e.g., physical work effort, protective clothing, temperature) that may result in a substantial increase in the physiological burden placed on an employee. 1910.134(e)(7)(iv)
Letter of Interpretation (LOI) Stop: Medical evaluation for dust mask use - Non-voluntary use of a filtering facepiece (dust mask/disposable paper type dust respirator) requires that the employer establish and implement a written respiratory protection program with worksite-specific procedures [and] must include the medical evalution of employees. Voluntary use does not require medical evaluation. The employer needs only to ensure that the dust masks are not ditry or contaminated, that their use does not interfere with the employee's ability to work safely, and provide a copy of Appendix D [information for employees using respirators when not required under the standard] to each voluntar wearer.
(f) Fit testing. This paragraph requires that, before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used. This paragraph specifies the kinds of fit tests allowed, the procedures for conducting them, and how the results of the fit tests must be used.1910.134(f)
(1) The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph. 1910.134(f)(1)
(2) The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter. 1910.134(f)(2)
(3) The employer shall conduct an additional fit test whenever the employee reports, or the employer, PLHCP, supervisor, or program administrator makes visual observations of, changes in the employee's physical condition that could affect respirator fit.
Such conditions include, but are not limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change in body weight. 1910.134(f)(3)
(4) If after passing a QLFT or QNFT, the employee subsequently notifies the employer, program administrator, supervisor, or PLHCP that the fit of the respirator is unacceptable, the employee shall be given a reasonable opportunity to select a different respirator facepiece and to be retested. 1910.134(f)(4)
(5) The fit test shall be administered using an OSHA-accepted QLFT or QNFT protocol. The OSHA-accepted QLFT and QNFT protocols and procedures are contained in appendix A of this section. 1910.134(f)(5)
(6) QLFT may only be used to fit test negative pressure air-purifying respirators that must achieve a fit factor of 100 or less. 1910.134(f)(6)
(7) If the fit factor, as determined through an OSHA-accepted QNFT protocol, is equal to or greater than 100 for tight-fitting half facepieces, or equal to or greater than 500 for tight-fitting full facepieces, the QNFT has been passed with that respirator. 1910.134(f)(7)
(8) Fit testing of tight-fitting atmosphere-supplying respirators and tight-fitting powered air-purifying respirators shall be accomplished by performing quantitative or qualitative fit testing in the negative pressure mode, regardless of the mode of operation (negative or positive pressure) that is used for respiratory protection. 1910.134(f)(8)
(i) Qualitative fit testing of these respirators shall be accomplished by temporarily converting the respirator user's actual facepiece into a negative pressure respirator with appropriate filters, or by using an identical negative pressure air-purifying respirator facepiece with the same sealing surfaces as a surrogate for the atmosphere-supplying or powered airpurifying respirator facepiece. 1910.134(f)(8)(i)
(ii) Quantitative fit testing of these respirators shall be accomplished by modifying the facepiece to allow sampling inside the facepiece in the breathing zone of the user, midway between the nose and mouth. This requirement shall be accomplished by installing a permanent sampling probe onto a surrogate facepiece, or by using a sampling adapter designed to temporarily provide a means of sampling air from inside the facepiece. 1910.134(f)(8)(ii)
(iii) Any modifications to the respirator facepiece for fit testing shall be completely removed, and the facepiece restored to NIOSH-approved configuration, before that facepiece can be used in the workplace. 1910.134(f)(8)(iii)
(g) Use of respirators. This paragraph requires employers to establish and implement procedures for the proper use of respirators. These requirements include prohibiting conditions that may result in facepiece seal leakage, preventing employees from removing respirators in hazardous environments, taking actions to ensure continued effective respirator operation throughout the work shift, and establishing procedures for the use of respirators in IDLH atmospheres or in interior structural firefighting situations.1910.134(g)
(1) Facepiece seal protection. 1910.134(g)(1)
(i) The employer shall not permit respirators with tight-fitting facepieces to be worn by employees who have: 1910.134(g)(1)(i)
[A] Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or 1910.134(g)(1)(i)[A]
[B] Any condition that interferes with the face-tofacepiece seal or valve function. 1910.134(g)(1)(i)[B]
(ii) If an employee wears corrective glasses or goggles or other personal protective equipment, the employer shall ensure that such equipment is worn in a manner that does not interfere with the seal of the facepiece to the face of the user. 1910.134(g)(1)(ii)
(iii) For all tight-fitting respirators, the employer shall ensure that employees perform a user seal check each time they put on the respirator using the procedures in appendix B-1 or procedures recommended by the respirator manufacturer that the employer demonstrates are as effective as those in appendix B-1 of this section. 1910.134(g)(1)(iii)
(i) Appropriate surveillance shall be maintained of work area conditions and degree of employee exposure or stress. When there is a change in work area conditions or degree of employee exposure or stress that may affect respirator effectiveness, the employer shall reevaluate the continued effectiveness of the respirator. 1910.134(g)(2)(i)
§1910.134
(ii) The employer shall ensure that employees leave the respirator use area: 1910.134(g)(2)(ii)
[A] To wash their faces and respirator facepieces as necessary to prevent eye or skin irritation associated with respirator use; or 1910.134(g)(2)(ii)[A]
[B] If they detect vapor or gas breakthrough, changes in breathing resistance, or leakage of the facepiece; or 1910.134(g)(2)(ii)[B]
[C] To replace the respirator or the filter, cartridge, or canister elements. 1910.134(g)(2)(ii)[C]
(iii) If the employee detects vapor or gas breakthrough, changes in breathing resistance, or leakage of the facepiece, the employer must replace or repair the respirator before allowing the employee to return to the work area. 1910.134(g)(2)(iii)
(3) Procedures for IDLH atmospheres. (i)-(vi) 1910.134(g)(3)
(4) Procedures for interior structural firefighting. (i)-(iii) 1910.134(g)(4)
Note 1 to paragraph (g): One of the two individuals located outside the IDLH atmosphere may be assigned to an additional role, such as incident commander in charge of the emergency or safety officer, so long as this individual is able to perform assistance or rescue activities without jeopardizing the safety or health of any firefighter working at the incident.
Note 2 to paragraph (g): Nothing in this section is meant to preclude firefighters from performing emergency rescue activities before an entire team has assembled.
(h) Maintenance and care of respirators. This paragraph requires the employer to provide for the cleaning and disinfecting, storage, inspection, and repair of respirators used by employees.1910.134(h)
(1) Cleaning and disinfecting. The employer shall provide each respirator user with a respirator that is clean, sanitary, and in good working order. The employer shall ensure that respirators are cleaned and disinfected using the procedures in appendix B2 of this section, or procedures recommended by the respirator manufacturer, provided that such procedures are of equivalent effectiveness. The respirators shall be cleaned and disinfected at the following intervals: 1910.134(h)(1)
(i) Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition; 1910.134(h)(1)(i)
(ii) Respirators issued to more than one employee shall be cleaned and disinfected before being worn by different individuals; 1910.134(h)(1)(ii)
(iii) Respirators maintained for emergency use shall be cleaned and disinfected after each use; and 1910.134(h)(1)(iii)
(iv) Respirators used in fit testing and training shall be cleaned and disinfected after each use. 1910.134(h)(1)(iv)
(2) Storage. The employer shall ensure that respirators are stored as follows: 1910.134(h)(2)
(i) All respirators shall be stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and they shall be packed or stored to prevent deformation of the facepiece and exhalation valve. 1910.134(h)(2)(i)
(ii) In addition to the requirements of paragraph (h)(2)(i) of this section, emergency respirators shall be: 1910.134(h)(2)(ii)
[A] Kept accessible to the work area; 1910.134(h)(2)(ii)[A]
[B] Stored in compartments or in covers that are clearly marked as containing emergency respirators; and 1910.134(h)(2)(ii)[B]
[C] Stored in accordance with any applicable manufacturer instructions. 1910.134(h)(2)(ii)[C]
(3) Inspection. 1910.134(h)(3)
(i) The employer shall ensure that respirators are inspected as follows: 1910.134(h)(3)(i)
[A] All respirators used in routine situations shall be inspected before each use and during cleaning; 1910.134(h)(3)(i)[A]
[B] All respirators maintained for use in emergency situations shall be inspected at least monthly and in accordance with the manufacturer's recommendations, and shall be checked for proper function before and after each use; and 1910.134(h)(3)(i)[B]
[C] Emergency escape-only respirators shall be inspected before being carried into the workplace for use. 1910.134(h)(3)(i)[C]
(ii) The employer shall ensure that respirator inspections include the following: 1910.134(h)(3)(ii)
[A] A check of respirator function, tightness of connections, and the condition of the various parts including, but not limited to, the facepiece, head straps, valves, connecting tube, and cartridges, canisters or filters; and 1910.134(h)(3)(ii)[A]
[B] A check of elastomeric parts for pliability and signs of deterioration. 1910.134(h)(3)(ii)[B]
(iii) In addition to the requirements of paragraphs (h)(3)(i) and (ii) of this section, self-contained breathing apparatus shall be inspected monthly. Air and oxygen cylinders shall be maintained in a fully charged state and shall be recharged when the pressure falls to 90% of the manufacturer's recommended pressure level. The employer shall determine that the regulator and warning devices function properly. 1910.134(h)(3)(iii)
(iv) For respirators maintained for emergency use, the employer shall: 1910.134(h)(3)(iv)
[A] Certify the respirator by documenting the date the inspection was performed, the name (or signature) of the person who made the inspection, the findings, required remedial action, and a serial number or other means of identifying the inspected respirator; and 1910.134(h)(3)(iv)[A]
[B] Provide this information on a tag or label that is attached to the storage compartment for the respirator, is kept with the respirator, or is included in inspection reports stored as paper or electronic files. This information shall be maintained until replaced following a subsequent certification. 1910.134(h)(3)(iv)[B]
(4) Repairs. (i)-(iii) 1910.134(h)(4) (i) Breathing air quality and use. (1)-(9) 1910.134(i) (j) Identification of filters, cartridges, and canisters. The employer shall ensure that all filters, cartridges and canisters used in the workplace are labeled and color coded with the NIOSH approval label and that the label is not removed and remains legible.1910.134(j) (k) Training and information. This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.
1910.134(k)
(1) The employer shall ensure that each employee can demonstrate knowledge of at least the following: 1910.134(k)(1)
(i) Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; 1910.134(k)(1)(i)
(ii) What the limitations and capabilities of the respirator are; 1910.134(k)(1)(ii)
(iii) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; 1910.134(k)(1)(iii)
(iv) How to inspect, put on and remove, use, and check the seals of the respirator; 1910.134(k)(1)(iv)
(v) What the procedures are for maintenance and storage of the respirator; 1910.134(k)(1)(v)
(vi) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and 1910.134(k)(1)(vi)
(vii) The general requirements of this section.1910.134(k)(1)(vii)
(2) The training shall be conducted in a manner that is understandable to the employee. 1910.134(k)(2)
(3) The employer shall provide the training prior to requiring the employee to use a respirator in the workplace. 1910.134(k)(3)
(4) An employer who is able to demonstrate that a new employee has received training within the last 12 months that addresses the elements specified in paragraph (k)(1)(i) through (vii) is not required to repeat such training provided that, as required by paragraph (k)(1), the employee can demonstrate knowledge of those element(s). Previous training not repeated initially by the employer must be provided no later than 12 months from the date of the previous training. 1910.134(k)(4)
(5) Retraining shall be administered annually, and when the following situations occur: 1910.134(k)(5)
(i) Changes in the workplace or the type of respirator render previous training obsolete; 1910.134(k)(5)(i)
(ii) Inadequacies in the employee's knowledge or use of the respirator indicate that the employee has not retained the requisite understanding or skill; or 1910.134(k)(5)(ii)
(iii) Any other situation arises in which retraining appears necessary to ensure safe respirator use. 1910.134(k)(5)(iii)
(6) The basic advisory information on respirators, as presented in appendix D of this section, shall be provided by the employer in any written or oral format, to employees who wear respirators when such use is not required by this section or by the employer. 1910.134(k)(6)
Part 1910 –
(l) Program evaluation. This section requires the employer to conduct evaluations of the workplace to ensure that the written respiratory protection program is being properly implemented, and to consult employees to ensure that they are using the respirators properly. 1910.134(l)
(1) The employer shall conduct evaluations of the workplace as necessary to ensure that the provisions of the current written program are being effectively implemented and that it continues to be effective. 1910.134(l)(1)
(2) The employer shall regularly consult employees required to use respirators (i)-(iv) 1910.134(l)(2)
(i) Respirator fit 1910.134(l)(2)(i)
(ii) Appropriate respirator selection 1910.134(l)(2)(ii)
(m) Recordkeeping. This section requires the employer to establish and retain written information regarding medical evaluations, fit testing, and the respirator program. This information will facilitate employee involvement in the respirator program, assist the employer in auditing the adequacy of the program, and provide a record for compliance determinations by OSHA.1910.134(m)
(1) Medical evaluation. Records of medical evaluations required by this section must be retained and made available in accordance with 29 CFR 1910.1020. 1910.134(m)(1)
(2) Fit testing. 1910.134(m)(2)
(i) The employer shall establish a record of the qualitative and quantitative fit tests administered to an employee including: 1910.134(m)(2)(i)
[A] The name or identification of the employee tested; 1910.134(m)(2)(i)[A]
[B] Type of fit test performed; 1910.134(m)(2)(i)[B]
[C] Specific make, model, style, and size of respirator tested; 1910.134(m)(2)(i)[C]
[D] Date of test; and 1910.134(m)(2)(i)[D]
[E] The pass/fail results for QLFTs or the fit factor and strip chart recording or other recording of the test results for QNFTs. 1910.134(m)(2)(i)[E]
(ii) Fit test records shall be retained for respirator users until the next fit test is administered. 1910.134(m)(2)(ii)
(3) A written copy of the current respirator program shall be retained by the employer. 1910.134(m)(3)
(4) Written materials required to be retained under this paragraph shall be made available upon request to affected employees and to the Assistant Secretary or designee for examination and copying. 1910.134(m)(4)
(n) Effective date. 1910.134(n)
(o) Appendices. Compliance with appendix A, appendix B-1, appendix B-2, appendix C, and appendix D to this section are mandatory. 1910.134(o)
Appendix A-1 to §1910.134 — Fit Testing Procedures (Mandatory)
I. OSHA-Accepted Fit Test Protocols
A. Fit Testing Procedures — General Requirements
The employer shall conduct fit testing using the following procedures. The requirements in this appendix apply to all OSHAaccepted fit test methods, both QLFT and QNFT.
1. The test subject shall be allowed to pick the most acceptable respirator from a sufficient number of respirator models and sizes so that the respirator is acceptable to, and correctly fits, the user.
2. Prior to the selection process, the test subject shall be shown how to put on a respirator, how it should be positioned on the face, how to set strap tension and how to determine an acceptable fit. A mirror shall be available to assist the subject in evaluating the fit and positioning of the respirator. This instruction may not constitute the subject's formal training on respirator use, because it is only a review.
3. The test subject shall be informed that he/she is being asked to select the respirator that provides the most acceptable fit. Each respirator represents a different size and shape, and if fitted and used properly, will provide adequate protection.
4. The test subject shall be instructed to hold each chosen facepiece up to the face and eliminate those that obviously do not give an acceptable fit.
5. The more acceptable facepieces are noted in case the one selected proves unacceptable; the most comfortable mask is donned and worn at least five minutes to assess comfort. Assistance in assessing comfort can be given by discussing the points in the following item A.6.
If the test subject is not familiar with using a particular respirator, the test subject shall be directed to don the mask several times and to adjust the straps each time to become adept at setting proper tension on the straps.
6. Assessment of comfort shall include a review of the following points with the test subject and allowing the test subject adequate time to determine the comfort of the respirator:
(a) Position of the mask on the nose
(b) Room for eye protection
(c) Room to talk
(d) Position of mask on face and cheeks
7. The following criteria shall be used to help determine the adequacy of the respirator fit:
(a) Chin properly placed;
(b) Adequate strap tension, not overly tightened;
(c) Fit across nose bridge;
(d) Respirator of proper size to span distance from nose to chin;
(e) Tendency of respirator to slip;
(f) Self-observation in mirror to evaluate fit and respirator position.
8. The test subject shall conduct a user seal check, either the negative and positive pressure seal checks described in appendix B-1 of this section or those recommended by the respirator manufacturer which provide equivalent protection to the procedures in appendix B-1. Before conducting the negative and positive pressure checks, the subject shall be told to seat the mask on the face by moving the head from side-toside and up and down slowly while taking in a few slow deep breaths. Another facepiece shall be selected and retested if the test subject fails the user seal check tests.
9. The test shall not be conducted if there is any hair growth between the skin and the facepiece sealing surface, such as stubble beard growth, beard, mustache or sideburns which cross the respirator sealing surface. Any type of apparel which interferes with a satisfactory fit shall be altered or removed.
10. If a test subject exhibits difficulty in breathing during the tests, she or he shall be referred to a physician or other licensed health care professional, as appropriate, to determine whether the test subject can wear a respirator while performing her or his duties.
11. If the employee finds the fit of the respirator unacceptable, the test subject shall be given the opportunity to select a different respirator and to be retested.
12. Exercise regimen. Prior to the commencement of the fit test, the test subject shall be given a description of the fit test and the test subject's responsibilities during the test procedure. The description of the process shall include a description of the test exercises that the subject will be performing. The respirator to be tested shall be worn for at least 5 minutes before the start of the fit test.
13. The fit test shall be performed while the test subject is wearing any applicable safety equipment that may be worn during actual respirator use which could interfere with respirator fit.
14. Test Exercises.
(a) Employers must perform the following test exercises for all fit testing methods prescribed in this appendix, except for the two modified ambient aerosol CNC quantitative fit testing protocols, the CNP quantitative fit testing protocol, and the CNP REDON quantitative fit testing protocol. For the modified ambient aerosol CNC quantitative fit testing protocols, employers shall ensure that the test subjects (i.e., employees) perform the exercise procedure specified in Part I.C.4(b) of this appendix for full-facepiece and half-mask elastomeric respirators, or the exercise procedure specified in Part I.C.5(b) for filtering facepiece respirators. Employers shall ensure that the test subjects (i.e., employees) perform the exercise procedure specified in Part I.C.6(b) of this appendix for the CNP quantitative fit testing protocol, or the exercise procedure described in Part I.C.7(b) of this appendix for the CNP REDON quantitative fit testing protocol. For the remaining fit testing methods, employers shall ensure that the test exercises are performed in the appropriate test environment in the following manner:
[1] Normal breathing. In a normal standing position, without talking, the subject shall breathe normally.
[2] Deep breathing. In a normal standing position, the subject shall breathe slowly and deeply, taking caution so as not to hyperventilate.
Appendix B-1
[3] Turning head side to side. Standing in place, the subject shall slowly turn his/her head from side to side between the extreme positions on each side. The head shall be held at each extreme momentarily so the subject can inhale at each side.
[4] Moving head up and down. Standing in place, the subject shall slowly move his/her head up and down. The subject shall be instructed to inhale in the up position (i.e., when looking toward the ceiling).
[5] Talking. The subject shall talk out loud slowly and loud enough so as to be heard clearly by the test conductor. The subject can read from a prepared text such as the Rainbow Passage, count backward from 100, or recite a memorized poem or song.
Rainbow Passage
When the sunlight strikes raindrops in the air, they act like a prism and form a rainbow. The rainbow is a division of white light into many beautiful colors. These take the shape of a long round arch, with its path high above, and its two ends apparently beyond the horizon. There is, according to legend, a boiling pot of gold at one end. People look, but no one ever finds it. When a man looks for something beyond reach, his friends say he is looking for the pot of gold at the end of the rainbow.
[6] Grimace. The test subject shall grimace by smiling or frowning. (This applies only to QNFT testing; it is not performed for QLFT)
[7] Bending over. The test subject shall bend at the waist as if he/she were to touch his/her toes. Jogging in place shall be substituted for this exercise in those test environments such as shroud type QNFT or QLFT units that do not permit bending over at the waist.
[8] Normal breathing. Same as exercise (1).
(b) Each test exercise shall be performed for one minute except for the grimace exercise which shall be performed for 15 seconds. The test subject shall be questioned by the test conductor regarding the comfort of the respirator upon completion of the protocol. If it has become unacceptable, another model of respirator shall be tried. The respirator shall not be adjusted once the fit test exercises begin. Any adjustment voids the test, and the fit test must be repeated.
B. Qualitative Fit Test (QLFT) Protocols
1. General
(a) The employer shall ensure that persons administering QLFT are able to prepare test solutions, calibrate equipment and perform tests properly, recognize invalid tests, and ensure that test equipment is in proper working order.
(b) The employer shall ensure that QLFT equipment is kept clean and well maintained so as to operate within the parameters for which it was designed.
The following quantitative fit testing procedures have been demonstrated to be acceptable: Quantitative fit testing using a non-hazardous test aerosol (such as corn oil, polyethylene glycol 400 [PEG 400], di-2-ethyl hexyl sebacate [DEHS], or sodium chloride) generated in a test chamber, and employing instrumentation to quantify the fit of the respirator; Quantitative fit testing using ambient aerosol as the test agent and appropriate instrumentation (condensation nuclei counter) to quantify the respirator fit; Quantitative fit testing using controlled negative pressure and appropriate instrumentation to measure the volumetric leak rate of a facepiece to quantify the respirator fit.
1. General
(a) The employer shall ensure that persons administering QNFT are able to calibrate equipment and perform tests properly, recognize invalid tests, calculate fit factors properly and ensure that test equipment is in proper working order.
(b) The employer shall ensure that QNFT equipment is kept clean, and is maintained and calibrated according to the manufacturer's instructions so as to operate at the parameters for which it was designed.
2. Generated Aerosol Quantitative Fit Testing Protocol (a)-(b)
6. Controlled negative pressure (CNP) quantitative fit testing protocol. (a)-(c)
7. Controlled negative pressure (a)-(d)
II. New Fit Test Protocols
Appendix B-1 to §1910.134: User Seal Check Procedures (Mandatory)
The individual who uses a tight-fitting respirator is to perform a user seal check to ensure that an adequate seal is achieved each time the respirator is put on. Either the positive and negative pressure checks listed in this appendix, or the respirator manufacturer's recommended user seal check method shall be used. User seal checks are not substitutes for qualitative or quantitative fit tests.
I. Facepiece Positive and/or Negative Pressure Checks
A. Positive pressure check. Close off the exhalation valve and exhale gently into the facepiece. The face fit is considered satisfactory if a slight positive pressure can be built up inside the facepiece without any evidence of outward leakage of air at the seal. For most respirators this method of leak testing requires the wearer to first remove the exhalation valve cover before closing off the exhalation valve and then carefully replacing it after the test.
B. Negative pressure check. Close off the inlet opening of the canister or cartridge(s) by covering with the palm of the hand(s) or by replacing the filter seal(s), inhale gently so that the facepiece collapses slightly, and hold the breath for ten seconds. The design of the inlet opening of some cartridges cannot be effectively covered with the palm of the hand. The test can be performed by covering the inlet opening of the cartridge with a thin latex or nitrile glove. If the facepiece remains in its slightly collapsed condition and no inward leakage of air is detected, the tightness of the respirator is considered satisfactory.
II. Manufacturer's Recommended User Seal Check Procedures
The respirator manufacturer's recommended procedures for performing a user seal check may be used instead of the positive and/or negative pressure check procedures provided that the employer demonstrates that the manufacturer's procedures are equally effective.
Appendix B-2 to §1910.134: Respirator Cleaning Procedures (Mandatory)
These procedures are provided for employer use when cleaning respirators. They are general in nature, and the employer as an alternative may use the cleaning recommendations provided by the manufacturer of the respirators used by their employees, provided such procedures are as effective as those listed here in appendix B-2. Equivalent effectiveness simply means that the procedures used must accomplish the objectives set forth in appendix B-2, i.e., must ensure that the respirator is properly cleaned and disinfected in a manner that prevents damage to the respirator and does not cause harm to the user.
I.
Procedures for Cleaning Respirators
A. Remove filters, cartridges, or canisters. Disassemble facepieces by removing speaking diaphragms, demand and pressure-demand valve assemblies, hoses, or any components recommended by the manufacturer. Discard or repair any defective parts.
B. Wash components in warm (43 °C [110 °F] maximum) water with a mild detergent or with a cleaner recommended by the manufacturer. A stiff bristle (not wire) brush may be used to facilitate the removal of dirt.
C. Rinse components thoroughly in clean, warm (43 °C [110 °F] maximum), preferably running water. Drain.
D. When the cleaner used does not contain a disinfecting agent, respirator components should be immersed for two minutes in one of the following:
1. Hypochlorite solution (50 ppm of chlorine) made by adding approximately one milliliter of laundry bleach to one liter of water at 43 °C (110 °F); or,
2. Aqueous solution of iodine (50 ppm iodine) made by adding approximately 0.8 milliliters of tincture of iodine (6-8 grams ammonium and/or potassium iodide/100 cc of 45% alcohol) to one liter of water at 43 °C (110 °F); or,
3. Other commercially available cleansers of equivalent disinfectant quality when used as directed, if their use is recommended or approved by the respirator manufacturer.
E. Rinse components thoroughly in clean, warm (43 °C [110 °F] maximum), preferably running water. Drain. The importance of thorough rinsing cannot be overemphasized. Detergents or disinfectants that dry on facepieces may result in dermatitis. In addition, some disinfectants may cause deterioration of rubber or corrosion of metal parts if not completely removed.
F. Components should be hand-dried with a clean lint-free cloth or air-dried.
G. Reassemble facepiece, replacing filters, cartridges, and canisters where necessary.
H. Test the respirator to ensure that all components work properly.
Appendix C to §1910.134: OSHA Respirator Medical Evaluation Questionnaire (Mandatory) Download a PDF version of this form at www.oshacfr.com.
Appendix D to §1910.134 (Mandatory) Information for Employees
Using Respirators When Not Required Under the Standard
Respirators are an effective method of protection against designated hazards when properly selected and worn. Respirator use is encouraged, even when exposures are below the exposure limit, to provide an additional level of comfort and protection for workers. However, if a respirator is used improperly or not kept clean, the respirator itself can become a hazard to the worker. Sometimes, workers may wear respirators to avoid exposures to hazards, even if the amount of hazardous substance does not exceed the limits set by OSHA standards. If your employer provides respirators for your voluntary use, or if you provide your own respirator, you need to take certain precautions to be sure that the respirator itself does not present a hazard. You should do the following:
1. Read and heed all instructions provided by the manufacturer on use, maintenance, cleaning and care, and warnings regarding the respirators limitations.
2. Choose respirators certified for use to protect against the contaminant of concern. NIOSH, the National Institute for Occupational Safety and Health of the U.S. Department of Health and Human Services, certifies respirators. A label or statement of certification should appear on the respirator or respirator packaging. It will tell you what the respirator is designed for and how much it will protect you.
3. Do not wear your respirator into atmospheres containing contaminants for which your respirator is not designed to protect against. For example, a respirator designed to filter dust particles will not protect you against gases, vapors, or very small solid particles of fumes or smoke.
4. Keep track of your respirator so that you do not mistakenly use someone else's respirator.
§1910.135 Head protection
Letter of Interpretation (LOI) Stop: Hard hats vs. bump caps Employees entering sewer manhole can be subject to probable head injuries. Although there is a minimal chance of head injury from falling objects, employees are exposed to bumps, cuts, and scalp injuries. Bump caps would not provide adequate employee head protection for all exposures in manholes because they are not constructed to provide the protection required.
Letter of Interpretation (LOI) Stop: The wearing of hard hats When employees are exposed to the possibility of head injuries, hard hats shall be worn. Responsibility of the employer, prior to the OSHA inspection, to evaluate with good judgment the head injury hazards of the specific situations and activities and decide whether hard hats are needed to be worn.
(a) General requirements. 1910.135(a)
(1) The employer shall ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects. 1910.135(a)(1)
§1910.136
(2) The employer shall ensure that a protective helmet designed to reduce electrical shock hazard is worn by each such affected employee when near exposed electrical conductors which could contact the head. 1910.135(a)(2)
(b) Criteria for head protection. 1910.135(b)
(1) Head protection must comply with any of the following consensus standards: 1910.135(b)(1)
(i) American National Standards Institute (ANSI) Z89.12009, 1910.135(b)(1)(i)
(ii) American National Standards Institute (ANSI) Z89.12003, 1910.135(b)(1)(ii)
(iii) American National Standards Institute (ANSI) Z89.11997, 1910.135(b)(1)(iii)
(2) Head protection devices that the employer demonstrates are at least as effective as head protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section. 1910.135(b)(2)
§1910.136
Foot protection
(a) General requirements. The employer shall ensure that each affected employee uses protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, or when the use of protective footwear will protect the affected employee from an electrical hazard, such as a static-discharge or electric-shock hazard, that remains after the employer takes other necessary protective measures.1910.136(a)
Letter of Interpretation (LOI) Stop: Determining requirements for foot protection The standard requires that foot protection be used whenever it is necessary by reason of hazard of processes or environment which could cause foot injury. Foot protection may depend on the frequency of the employees' exposure to foot injury, the employer's accident experience, the severity of any potential injury that could occur and the customary practice in the industry.
(b) Criteria for protective footwear. 1910.136(b)
(1) Protective footwear must comply with any of the following consensus standards: 1910.136(b)(1)
(i) ASTM F-2412-2005, 1910.136(b)(1)(i)
(ii) ANSI Z41-1999, 1910.136(b)(1)(ii)
(iii) ANSI Z41-1991, 1910.136(b)(1)(iii)
Regulation Stop: The ANSI standards are no longer in effect. ASTM is the only applicable standard for footwear.
(2) Protective footwear that the employer demonstrates is at least as effective as protective footwear that is constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section. 1910.136(b)(2)
§1910.137 Electrical protective equipment
(a) Design requirements for specific types of electrical protective equipment. Rubber insulating blankets, rubber insulating matting, rubber insulating covers, rubber insulating line hose, rubber insulating gloves, and rubber insulating sleeves shall meet the following requirements:1910.137(a)
(1) Manufacture and marking of rubber insulating equipment. (i)(iv) 1910.137(a)(1)
(i) Equipment shall be free of physical irregularities that can adversely affect the insulating properties of the equipment and that can be detected by the tests or inspections required under this section. 1910.137(a)(3)(i)
(ii) Surface irregularities that may be present on all rubber goods (because of imperfections on forms or molds or because of inherent difficulties in the manufacturing process) and that may appear as indentations, protuberances, or imbedded foreign material are acceptable under the following conditions: [A]-[B] 1910.137(a)(3)(ii)
Note to paragraph (a): Rubber insulating equipment meeting the following national consensus standards is deemed to be in compliance with the performance requirements of paragraph (a) of this section: American Society for Testing and Materials (ASTM) D120-09, Standard Specification for Rubber Insulating Gloves.
ASTM D178-01 (2010), Standard Specification for Rubber Insulating Matting.
ASTM D1048-12, Standard Specification for Rubber Insulating Blankets.
ASTM D1049-98 (2010), Standard Specification for Rubber Insulating Covers.
ASTM D1050-05 (2011), Standard Specification for Rubber Insulating Line Hose.
ASTM D1051-08, Standard Specification for Rubber Insulating Sleeves.
The preceding standards also contain specifications for conducting the various tests required in paragraph (a) of this section. For example, the ac and dc proof tests, the breakdown test, the water-soak procedure, and the ozone test mentioned in this paragraph are described in detail in these ASTM standards.
ASTM F1236-96 (2012), Standard Guide for Visual Inspection of Electrical Protective Rubber Products, presents methods and techniques for the visual inspection of electrical protective equipment made of rubber. This guide also contains descriptions and photographs of irregularities that can be found in this equipment.
ASTM F819-10, Standard Terminology Relating to Electrical Protective Equipment for Workers, includes definitions of terms relating to the electrical protective equipment covered under this section.
(b) Design requirements for other types of electrical protective equipment. The following requirements apply to the design and manufacture of electrical protective equipment that is not covered by paragraph (a) of this section:1910.137(b)
(1) Voltage withstand. Insulating equipment used for the protection of employees shall be capable of withstanding, without failure, the voltages that may be imposed upon it. 1910.137(b)(1)
Note to paragraph (b)(1): These voltages include transient overvoltages, such as switching surges, as well as nominal line voltage. See Appendix B to §1910.269 for a discussion of transient overvoltages on electric power transmission and distribution systems. See IEEE Std 516-2009, IEEE Guide for Maintenance Methods on Energized Power Lines, for methods of determining the magnitude of transient overvoltages on an electrical system and for a discussion comparing the ability of insulation equipment to withstand a transient overvoltage based on its ability to withstand ac voltage testing.
(2) Equipment current. 1910.137(b)(2)
(i) Protective equipment used 1910.137(b)(2)(i)
(ii) When insulating equipment is tested in accordance with paragraph (b)(2)(i) of this section, the equipment current may not exceed 1 microampere per kilovolt of phase-tophase applied voltage. 1910.137(b)(2)(ii)
Note 1 to paragraph (b)(2): This paragraph applies to equipment that provides primary insulation of employees from energized parts. It does not apply to equipment used for secondary insulation or equipment used for brush contact only.
Note 2 to paragraph (b)(2): For ac excitation, this current consists of three components: Capacitive current because of the dielectric properties of the insulating material itself; conduction current through the volume of the insulating equipment; and leakage current along the surface of the tool or equipment. The conduction current is normally negligible. For clean, dry insulating equipment, the leakage current is small, and the capacitive current predominates.
Note to paragraph (b): Plastic guard equipment is deemed to conform to the performance requirements of paragraph (b) of this section if it meets, and is used in accordance with, ASTM F712-06 (2011), Standard Test Methods and Specifications for Electrically Insulating Plastic Guard Equipment for Protection of Workers.
(c) In-service care and use of electrical protective equipment. 1910.137(c)
(1) General. Electrical protective equipment shall be maintained in a safe, reliable condition. 1910.137(c)(1)
(2) Specific requirements. (i)-(xii) 1910.137(c)(2)
§1910.138 Hand protection
(a) General requirements. Employers shall select and require employees to use appropriate hand protection when employees' hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes.1910.138(a) (b) Selection. Employers shall base the selection of the appropriate hand protection on an evaluation of the performance characteristics of the hand protection relative to the task(s) to be performed, conditions present, duration of use, and the hazards and potential hazards identified.1910.138(b)
§1910.140 Personal fall protection systems
(a) Scope and application. This section establishes performance, care, and use criteria for all personal fall protection systems. The employer must ensure that each personal fall protection system used to comply with this part must meet the requirements of this section.1910.140(a) (b) Definitions. The following definitions apply to this section:
Body harness means straps that secure about the employee in a manner to distribute the fall arrest forces over at least the thighs, pelvis, waist, chest, and shoulders, with a means for attaching the harness to other components of a personal fall protection system. Competent person means a person who is capable of identifying existing and predictable hazards in any personal fall protection system or any component of it, as well as in their application and uses with related equipment, and who has authorization to take prompt, corrective action to eliminate the identified hazards.
D-ring means a connector used:
(i) In a harness as an integral attachment element or fall arrest attachment;
(ii) In a lanyard, energy absorber, lifeline, or anchorage connector as an integral connector; or
(iii) In a positioning or travel restraint system as an attachment element.
Deceleration device means any mechanism that serves to dissipate energy during a fall.
Deceleration distance means the vertical distance a falling employee travels from the point at which the deceleration device begins to operate, excluding lifeline elongation and free fall distance, until stopping. It is measured as the distance between the location of an employee's body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, and the location of that attachment point after the employee comes to a full stop.
Free fall means the act of falling before the personal fall arrest system begins to apply force to arrest the fall.
Free fall distance means the vertical displacement of the fall arrest attachment point on the employee's body belt or body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance, lifeline and lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline/lanyard extension before the devices operate and fall arrest forces occur.
Lanyard means a flexible line of rope, wire rope, or strap that generally has a connector at each end for connecting the body belt or body harness to a deceleration device, lifeline, or anchorage.
Lifeline means a component of a personal fall protection system consisting of a flexible line for connection to an anchorage at one end so as to hang vertically (vertical lifeline), or for connection to anchorages at both ends so as to stretch horizontally (horizontal lifeline), and serves as a means for connecting other components of the system to the anchorage.
Personal fall arrest system means a system used to arrest an employee in a fall from a walking-working surface. It consists of a body harness, anchorage, and connector. The means of connection may include a lanyard, deceleration device, lifeline, or a suitable combination of these.
Positioning system (work-positioning system) means a system of equipment and connectors that, when used with a body harness or body belt, allows an employee to be supported on an elevated vertical surface, such as a wall or window sill, and work with both hands free. Positioning systems also are called "positioning system devices" and "work-positioning equipment."
Qualified describes a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.
Snaphook means a connector comprised of a hook-shaped body with a normally closed gate, or similar arrangement that may be manually opened to permit the hook to receive an object. When released, the snaphook automatically closes to retain the object. Opening a snaphook requires two separate actions. Snaphooks are generally one of two types:
(i) Automatic-locking type (permitted) with a self-closing and selflocking gate that remains closed and locked until intentionally unlocked and opened for connection or disconnection; and
(ii) Non-locking type (prohibited) with a self-closing gate that remains closed, but not locked, until intentionally opened for connection or disconnection.
Travel restraint system means a combination of an anchorage, anchorage connector, lanyard (or other means of connection), and body support that an employer uses to eliminate the possibility of an employee going over the edge of a walking-working surface.
(c) General requirements. The employer must ensure that personal fall protection systems meet the following requirements. Additional requirements for personal fall arrest systems and positioning systems are contained in paragraphs (d) and (e) of this section, respectively. 1910.140(c)
(1) Connectors must be drop forged, pressed or formed steel, or made of equivalent materials. 1910.140(c)(1)
(2) Connectors must have a corrosion-resistant finish, and all surfaces and edges must be smooth to prevent damage to interfacing parts of the system. 1910.140(c)(2)
(3) When vertical lifelines are used, each employee must be attached to a separate lifeline. 1910.140(c)(3)
(4) Lanyards and vertical lifelines must have a minimum breaking strength of 5,000 pounds (22.2 kN). 1910.140(c)(4)
(5) Self-retracting lifelines and lanyards 1910.140(c)(5)
(6) A competent person or qualified person must inspect each knot in a lanyard or vertical lifeline to ensure that it meets the requirements of paragraphs (c)(4) and (5) of this section before any employee uses the lanyard or lifeline. 1910.140(c)(6)
(7) D-rings, snaphooks, and carabiners must be capable of sustaining a minimum tensile load of 5,000 pounds (22.2 kN).
1910.140(c)(7)
(8) D-rings, snaphooks, and carabiners must be proof tested 1910.140(c)(8)
(9) Snaphooks and carabiners must be the automatic locking type that require at least two separate, consecutive movements to open. 1910.140(c)(9)
(10) Snaphooks and carabiners must not be connected to any of the following unless they are designed for such connections: 1910.140(c)(10)
(i) Directly to webbing, rope, or wire rope; 1910.140(c)(10)(i)
(ii) To each other;1910.140(c)(10)(ii)
(iii) To a D-ring to which another snaphook, carabiner, or connector is attached; 1910.140(c)(10)(iii)
(iv) To a horizontal life line; or1910.140(c)(10)(iv)
(v) To any object that is incompatibly shaped or dimensioned in relation to the snaphook or carabiner such that unintentional disengagement could occur when the connected object depresses the snaphook or carabiner gate, allowing the components to separate. 1910.140(c)(10)(v)
(11) The employer must ensure that each horizontal lifeline: 1910.140(c)(11)
(i) Is designed, installed, and used under the supervision of a qualified person; and 1910.140(c)(11)(i)
(ii) Is part of a complete personal fall arrest system that maintains a safety factor of at least two. 1910.140(c)(11)(ii)
(12) Anchorages used to attach to personal fall protection equipment must be independent of any anchorage used to suspend employees or platforms on which employees work. Anchorages used to attach to personal fall protection equipment on mobile work platforms on powered industrial trucks must be attached to an overhead member of the platform, at a point located above and near the center of the platform. 1910.140(c)(12)
(15) Lifelines must not be made of natural fiber rope.
1910.140(c)(15)
(16) Personal fall protection systems and their components must be used exclusively for employee fall protection and not for any other purpose, such as hoisting equipment or materials. 1910.140(c)(16)
(17) A personal fall protection system or its components subjected to impact loading must be removed from service immediately and not used again until a competent person inspects the system or components and determines that it is not damaged and safe for use for employee personal fall protection. 1910.140(c)(17)
(18) Personal fall protection systems must be inspected before initial use during each workshift for mildew, wear, damage, and other deterioration, and defective components must be removed from service. 1910.140(c)(18)
(19) Ropes, belts, lanyards, and harnesses used for personal fall protection must be compatible with all connectors used. 1910.140(c)(19)
(20) Ropes, belts, lanyards, lifelines, and harnesses used for personal fall protection must be protected from being cut, abraded, melted, or otherwise damaged. 1910.140(c)(20)
(21) The employer must provide for prompt rescue of each employee in the event of a fall. 1910.140(c)(21)
(22) Personal fall protection systems must be worn with the attachment point of the body harness located in the center of the employee's back near shoulder level. The attachment point may be located in the pre-sternal position if the free fall distance is limited to 2 feet (0.6 m) or less. 1910.140(c)(22)
(d) Personal fall arrest systems 1910.140(d)
(1) System performance criteria. In addition to the general requirements in paragraph (c) of this section, the employer must ensure that personal fall arrest systems: 1910.140(d)(1)
(i) Limit the maximum arresting force on the employee to 1,800 pounds (8 kN); 1910.140(d)(1)(i)
(ii) Bring the employee to a complete stop and limit the maximum deceleration distance the employee travels to 3.5 feet (1.1 m); 1910.140(d)(1)(ii)
(iii) Have sufficient strength to withstand twice the potential impact energy of the employee free falling a distance of 6 feet (1.8 m), or the free fall distance permitted by the system; and 1910.140(d)(1)(iii)
(iv) Sustain the employee within the system/strap configuration without making contact with the employee's neck and chin area. 1910.140(d)(1)(iv)
(v) If the personal fall arrest system meets the criteria and protocols in appendix D of this subpart, and is being used by an employee having a combined body and tool weight of less than 310 pounds (140 kg), the system is considered to be in compliance with the provisions of paragraphs (d)(1)(i) through (iii) of this section. If the system is used by an employee having a combined body and tool weight of 310 pounds (140kg) or more and the employer has appropriately modified the criteria and protocols in appendix D, then the system will be deemed to be in compliance with the requirements of paragraphs (d)(1)(i) through (iii). 1910.140(d)(1)(v)
(2) System use criteria. The employer must ensure that: 1910.140(d)(2)
(i) On any horizontal lifeline that may become a vertical lifeline, the device used to connect to the horizontal lifeline is capable of locking in both directions on the lifeline. 1910.140(d)(2)(i)
(ii) Personal fall arrest systems are rigged in such a manner that the employee cannot free fall more than 6 feet (1.8 m) or contact a lower level. A free fall may be more than 6 feet (1.8 m) provided the employer can demonstrate the manufacturer designed the system to allow a free fall of more than 6 feet and tested the system to ensure a maximum arresting force of 1,800 pounds (8 kN) is not exceeded. 1910.140(d)(2)(ii)
(3) Body belts. Body belts are prohibited as part of a personal fall arrest system. 1910.140(d)(3)
(e) Positioning systems 1910.140(e)
(1) System performance requirements. The employer must ensure that each positioning system meets the following requirements: 1910.140(e)(1)
(i) General. 1910.140(e)(1)(i)
(ii) Window cleaners' positioning systems. [A]-[B] 1910.140(e)(1)(ii)
(iii) Positioning systems, 1910.140(e)(1)(iii)
(iv) Lineman's body belt and pole strap systems. [A][C] 1910.140(e)(1)(iv)
(2) System use criteria for window cleaners' positioning systems. (i)-(xii) 1910.140(e)(2)
Subpart J – General Environmental Controls
§1910.141 Sanitation
(a) General. 1910.141(a)
(1) Scope. This section applies to permanent places of employment. 1910.141(a)(1)
(2) Definitions applicable to this section.
Nonwater carriage toilet facility, means a toilet facility not connected to a sewer.
Number of employees means, unless otherwise specified, the maximum number of employees present at any one time on a regular shift.
Personal service room, means a room used for activities not directly connected with the production or service function performed by the establishment. Such activities include, but are not limited to, first-aid, medical services, dressing, showering, toilet use, washing, and eating.
Potable water means water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations (40 CFR 141).
Toilet facility, means a fixture maintained within a toilet room for the purpose of defecation or urination, or both.
Toilet room, means a room maintained within or on the premises of any place of employment, containing toilet facilities for use by employees.
Toxic material means a material in concentration or amount which exceeds the applicable limit established by a standard, such as §§1910.1000 and 1910.1001 or, in the absence of an applicable standard, which is of such toxicity so as to constitute a recognized hazard that is causing or is likely to cause death or serious physical harm.
Urinal means a toilet facility maintained within a toilet room for the sole purpose of urination.
Water closet means a toilet facility maintained within a toilet room for the purpose of both defecation and urination and which is flushed with water.
Wet process means any process or operation in a workroom which normally results in surfaces upon which employees may walk or stand becoming wet.
(3) Housekeeping. 1910.141(a)(3)
(i) All places of employment shall be kept clean to the extent that the nature of the work allows. 1910.141(a)(3)(i)
(ii) The floor of every workroom shall be maintained, so far as practicable, in a dry condition. Where wet processes are used, drainage shall be maintained and false floors, platforms, mats, or other dry standing places shall be provided, where practicable, or appropriate waterproof footgear shall be provided. 1910.141(a)(3)(ii)
(iii) To facilitate cleaning, every floor, working place, and passageway shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings. 1910.141(a)(3)(iii)
(4) Waste disposal. 1910.141(a)(4)
(i) Any receptacle used for putrescible solid or liquid waste or refuse shall be so constructed that it does not leak and may be thoroughly cleaned and maintained in a sanitary condition. Such a receptacle shall be equipped with a solid tightfitting cover, unless it can be maintained in a sanitary condition without a cover. This requirement does not prohibit the use of receptacles which are designed to permit the maintenance of a sanitary condition without regard to the aforementioned requirements. 1910.141(a)(4)(i)
(ii) All sweepings, solid or liquid wastes, refuse, and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary or appropriate to maintain the place of employment in a sanitary condition. 1910.141(a)(4)(ii)
(5) Vermin control. Every enclosed workplace shall be so constructed, equipped, and maintained, so far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. A continuing and effective extermination program shall be instituted where their presence is detected. 1910.141(a)(5)
(b) Water supply. 1910.141(b)
(1) Potable water. 1910.141(b)(1)
(i) Potable water shall be provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and personal service rooms. 1910.141(b)(1)(i)
(ii) [Reserved] 1910.141(b)(1)(ii)
(iii) Portable drinking water dispensers shall be designed, constructed, and serviced so that sanitary conditions are maintained, shall be capable of being closed, and shall be equipped with a tap. 1910.141(b)(1)(iii)
(iv) [Reserved] 1910.141(b)(1)(iv)
(v) Open containers 1910.141(b)(1)(v)
(vi) A common drinking cup and other common utensils are prohibited. 1910.141(b)(1)(vi)
(2) Nonpotable water. 1910.141(b)(2)
(i) Outlets for nonpotable water, such as water for industrial or firefighting purposes, shall be posted or otherwise marked in a manner that will indicate clearly that the water is unsafe and is not to be used for drinking, washing of the person, cooking, washing of food, washing of cooking or eating utensils, washing of food preparation or processing premises, or personal service rooms, or for washing clothes.
1910.141(b)(2)(i)
(ii) Construction of nonpotable water systems
1910.141(b)(2)(ii)
(iii) Nonpotable water shall not be used 1910.141(b)(2)(iii)
(c) Toilet facilities. 1910.141(c)
(1) General. 1910.141(c)(1)
(i) Except as otherwise indicated in this paragraph (c)(1)(i), toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment in accordance with table J-1 of this section. The number of facilities to be provided for each sex shall be based on the number of employees of that sex for whom the facilities are furnished. Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided. Where such single-occupancy rooms have
Table J–1
Number
more than one toilet facility, only one such facility in each toilet room shall be counted for the purpose of table J-1. 1910.141(c)(1)(i)
§1910.144 Safety color code for marking physical hazards
(a) Color identification. 1910.144(a)
(1) Red. Red shall be the basic color for the identification of: 1910.144(a)(1) (i) Fire protection equipment and apparatus. 1910.144(a)(1)(i) (ii) Danger. Safety cans or other portable containers of flammable liquids having a flash point at or below 80 °F, table containers of flammable liquids (open cup tester), excluding shipping containers, shall be painted red with some additional clearly visible identification either in the form of a yellow band around the can or the name of the contents conspicuously stenciled or painted on the can in yellow. Red lights shall be provided at barricades and at temporary obstructions. Danger signs shall be painted red. 1910.144(a)(1)(ii)
(iii) Stop. 1910.144(a)(1)(iii)
(2) [Reserved] 1910.144(a)(2)
1 Where toilet facilities will not be used by women, urinals may be provided instead of water closets, except that the number of water closets in such cases shall not be reduced to less than 2 3 of the minimum specified.
2 1 additional fixture for each additional 40 employees.
(ii) The requirements 1910.141(c)(1)(ii)
(iii) The sewage disposal method 1910.141(c)(1)(iii)
(2) Construction of toilet rooms. 1910.141(c)(2)
(i) Each water closet shall occupy a separate compartment with a door and walls or partitions between fixtures sufficiently high to assure privacy. 1910.141(c)(2)(i)
(ii) [Reserved] 1910.141(c)(2)(ii)
(d) Washing facilities. 1910.141(d)
(1) General. Washing facilities shall be maintained in a sanitary condition. 1910.141(d)(1)
(2) Lavatories. 1910.141(d)(2)
(i) Lavatories shall be made available 1910.141(d)(2)(i)
(ii) Each lavatory shall be provided with hot and cold running water, or tepid running water. 1910.141(d)(2)(ii)
(iii) Hand soap or similar cleansing agents shall be provided. 1910.141(d)(2)(iii)
(iv) Individual hand towels 1910.141(d)(2)(iv)
(3) Showers. 1910.141(d)(3)
(i) Whenever showers are required by a particular standard, the showers shall be provided in accordance with paragraphs (d)(3)(ii) through (v) of this section. 1910.141(d)(3)(i)
(ii) One shower shall be provided for each 10 employees of each sex, or numerical fraction thereof, who are required to shower during the same shift. 1910.141(d)(3)(ii)
(iii) Body soap or other appropriate cleansing agents convenient to the showers shall be provided as specified in paragraph (d)(2)(iii) of this section. 1910.141(d)(3)(iii)
(iv) Showers shall be provided with hot and cold water feeding a common discharge line. 1910.141(d)(3)(iv)
(v) Employees who use showers shall be provided with individual clean towels. 1910.141(d)(3)(v)
(e) Change rooms. Whenever employees are required by a particular standard to wear protective clothing because of the possibility of contamination with toxic materials, change rooms equipped with storage facilities for street clothes and separate storage facilities for the protective clothing shall be provided.1910.141(e)
(f) Clothes drying facilities. 1910.141(f)
(g) Consumption of food and beverages on the premises. 1910.141(g)
(1) Application. 1910.141(g)(1)
(2) Eating and drinking areas. No employee shall be allowed to consume food or beverages in a toilet room nor in any area exposed to a toxic material. 1910.141(g)(2)
(3) Waste disposal containers. Receptacles constructed of smooth, corrosion resistant, easily cleanable, or disposable materials, shall be provided and used for the disposal of waste food. The number, size, and location of such receptacles shall encourage their use and not result in overfilling. They shall be emptied not less frequently than once each working day, unless unused, and shall be maintained in a clean and sanitary condition. Receptacles shall be provided with a solid tight-fitting cover unless sanitary conditions can be maintained without use of a cover.
1910.141(g)(3)
(4) Sanitary storage. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material. 1910.141(g)(4)
(h) Food handling. All employee food service facilities and operations shall be carried out in accordance with sound hygienic principles. In all places of employment where all or part of the food service is provided, the food dispensed shall be wholesome, free from spoilage, and shall be processed, prepared, handled, and stored in such a manner as to be protected against contamination.1910.141(h)
(3) Yellow. Yellow shall be the basic color for designating caution and for marking physical hazards such as: Striking against, stumbling, falling, tripping, and "caught in between." 1910.144(a)(3) (b) [Reserved] 1910.144(b)
§1910.145 Specifications for accident prevention signs and tags
(a) Scope. (1)-(2) 1910.145(a)
(1) These specifications apply to the design, application, and use of signs or symbols (as included in paragraphs (c) through (e) of this section) intended to indicate and, insofar as possible, to define specific hazards of a nature such that failure to designate them may lead to accidental injury to workers or the public, or both, or to property damage. These specifications are intended to cover all safety signs except those designed for streets, highways, and railroads. These specifications do not apply to plant bulletin boards or to safety posters. 1910.145(a)(1)
(2) All new signs and replacements of old signs 1910.145(a)(2)
(b) Definitions. As used in this section, the word sign refers to a surface on prepared for the warning of, or safety instructions of, industrial workers or members of the public who may be exposed to hazards. Excluded from this definition, however, are news releases, displays commonly known as safety posters, and bulletins used for employee education.1910.145(b)
(c) Classification of signs according to use. 1910.145(c)
(1) Danger signs. 1910.145(c)(1)
(i) There shall be no variation in the type of design of signs posted to warn of specific dangers and radiation hazards. 1910.145(c)(1)(i)
(ii) All employees shall be instructed that danger signs indicate immediate danger and that special precautions are necessary. 1910.145(c)(1)(ii)
(2) Caution signs. 1910.145(c)(2) (i) Caution signs shall be used only to warn against potential hazards or to caution against unsafe practices. 1910.145(c)(2)(i) (ii) All employees shall be instructed that caution signs indicate a possible hazard against which proper precaution should be taken. 1910.145(c)(2)(ii)
(3) Safety instruction signs. Safety instruction signs shall be used where there is a need for general instructions and suggestions relative to safety measures. 1910.145(c)(3)
(d) Sign design. 1910.145(d)
(1) Design features. All signs shall be furnished with rounded or blunt corners and shall be free from sharp edges, burrs, splinters, or other sharp projections. The ends or heads of bolts or other fastening devices shall be located in such a way that they do not constitute a hazard. 1910.145(d)(1)
(2) Danger signs. 1910.145(d)(2)
(3) [Reserved] 1910.145(d)(3)
(4) Caution signs. 1910.145(d)(4)
(5) [Reserved] 1910.145(d)(5)
(6) Safety instruction signs. The standard color of the background shall be white; and the panel, green with white letters. Any letters used against the white background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of ANSI Z53.1-1967 or in Table 1 of ANSI Z535.1-2006(R2011), incorporated by reference in §1910.6. 1910.145(d)(6)
(7) — (9) [Reserved] 1910.145(d)(7)
(10) Slow-moving vehicle emblem. This emblem (see fig. J-7) consists of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle is a
General Industry Regulations and Standards
highly visible color for daylight exposure. The reflective border defines the shape of the fluorescent color in daylight and creates a hollow red triangle in the path of motor vehicle headlights at night. The emblem is intended as a unique identification for, and it shall be used only on, vehicles which by design move slowly (25 m.p.h. or less) on the public roads. The emblem is not a clearance marker for wide machinery nor is it intended to replace required lighting or marking of slow-moving vehicles. Neither the color film pattern and its dimensions nor the backing shall be altered to permit use of advertising or other markings. The material, location, mounting, etc., of the emblem shall be in accordance with the American Society of Agricultural Engineers Emblem for Identifying Slow-Moving Vehicles, ASAE R276, 1967, or ASAE S276.2 (ANSI B114.1-1971), which are incorporated by reference as specified in §1910.6. 1910.145(d)(10)
(3) Use. Tags shall be used as a means to prevent accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment or operations which are out of the ordinary, unexpected or not readily apparent. Tags shall be used until such time as the identified hazard is eliminated or the hazardous operation is completed. Tags need not be used where signs, guarding or other positive means of protection are being used. 1910.145(f)(3)
(4) General tag criteria. All required tags shall meet the following criteria: 1910.145(f)(4)
(i) Tags shall contain a signal word and a major message. [A]-[B] 1910.145(f)(4)(i)
[A] The signal word shall be either "Danger," "Caution," or "Biological Hazard," "BIOHAZARD," or the biological hazard symbol. 1910.145(f)(4)(i)[A]
[B] The major message shall indicate the specific hazardous condition or the instruction to be communicated to the employee. 1910.145(f)(4)(i)[B]
(ii) The signal word shall be readable at a minimum distance of five feet (1.52 m) or such greater distance as warranted by the hazard. 1910.145(f)(4)(ii)
(iii) The tag's major message 1910.145(f)(4)(iii)
(iv) The signal word and the major message 1910.145(f)(4)(iv)
(v) All employees shall be informed as to the meaning of the various tags used throughout the workplace and what special precautions are necessary. 1910.145(f)(4)(v)
(vi) Tags shall be affixed 1910.145(f)(4)(vi)
(5) Danger tags. Danger tags shall be used in major hazard situations where an immediate hazard presents a threat of death or serious injury to employees. Danger tags shall be used only in these situations. 1910.145(f)(5)
J-7 — Slow-Moving Vehicle Emblem Note: All dimensions are in inches.
(e) Sign wordings. 1910.145(e)
(1) [Reserved] 1910.145(e)(1)
(2) Nature of wording. The wording of any sign should be easily read and concise. The sign should contain sufficient information to be easily understood. The wording should make a positive, rather than negative suggestion and should be accurate in fact. 1910.145(e)(2)
(3) [Reserved] 1910.145(e)(3)
(4) Biological hazard signs. The biological hazard warning shall be used to signify the actual or potential presence of a biohazard and to identify equipment, containers, rooms, materials, experimental animals, or combinations thereof, which contain, or are contaminated with, viable hazardous agents. For the purpose of this subparagraph the term "biological hazard," or "biohazard," shall include only those infectious agents presenting a risk or potential risk to the well-being of man. 1910.145(e)(4)
(f) Accident prevention tags. 1910.145(f)
(1) Scope and application. 1910.145(f)(1)
(i) This paragraph (f) applies to all accident prevention tags used to identify hazardous conditions and provide a message to employees with respect to hazardous conditions as set forth in paragraph (f)(3) of this section, or to meet the specific tagging requirements of other OSHA standards. 1910.145(f)(1)(i)
(ii) This paragraph (f) does not apply to construction or agriculture. 1910.145(f)(1)(ii)
(2) Definitions.
Biological hazard or BIOHAZARD means those infectious agents presenting a risk of death, injury or illness to employees.
Major message means that portion of a tag's inscription that is more specific than the signal word and that indicates the specific hazardous condition or the instruction to be communicated to the employee. Examples include: "High Voltage," "Close Clearance," "Do Not Start," or "Do Not Use" or a corresponding pictograph used with a written text or alone. Pictograph means a pictorial representation used to identify a hazardous condition or to convey a safety instruction. Signal word means that portion of a tag's inscription that contains the word or words that are intended to capture the employee's immediate attention.
Tag means a device usually made of card, paper, pasteboard, plastic or other material used to identify a hazardous condition.
(6) Caution tags. Caution tags shall be used in minor hazard situations where a non-immediate or potential hazard or unsafe practice presents a lesser threat of employee injury. Caution tags shall be used only in these situations. 1910.145(f)(6)
(7) Warning tags. Warning tags may be used to represent a hazard level between "Caution" and "Danger," instead of the required "Caution" tag, provided that they have a signal word of "Warning," an appropriate major message, and otherwise meet the general tag criteria of paragraph (f)(4) of this section. 1910.145(f)(7)
(8) Biological hazard tags. 1910.145(f)(8)
(i) Biological hazard tags 1910.145(f)(8)(i)
(ii) The symbol design for biological hazard tags shall conform to the design shown below: 1910.145(f)(8)(ii)
Biological Hazard Symbol Configuration
(9) Other tags. 1910.145(f)(9)
§1910.146
Permit-required confined spaces
Letter of Interpretation (LOI) Stop: Elevator pit as permit-required confined space Being classified as a confined space does automatically mean that elevator pits are Permit-Required Confined Spaces. In order for a confined space to be classified as a 'Permit space' an acute hazard must be potentially or actually present within the space at the time of entry. Elevator pits generally are permit-required confined spaces.
(a) Scope and application. This section contains requirements for practices and procedures to protect employees in general industry from the hazards of entry into permit-required confined spaces. This
Figure
section does not apply to agriculture, to construction, or to shipyard employment (Parts 1928, 1926, and 1915 of this chapter, respectively).1910.146(a)
(b) Definitions.
Attendant means an individual stationed outside one or more permit spaces who monitors the authorized entrants and who performs all attendant's duties assigned in the employer's permit space program.
Authorized entrant means an employee who is authorized by the employer to enter a permit space.
Confined space means a space that:
(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and
(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and
(3) Is not designed for continuous employee occupancy.
Entry supervisor means the person (such as the employer, foreman, or crew chief) responsible for determining if acceptable entry conditions are present at a permit space where entry is planned, for authorizing entry and overseeing entry operations, and for terminating entry as required by this section.
Note: An entry supervisor also may serve as an attendant or as an authorized entrant, as long as that person is trained and equipped as required by this section for each role he or she fills. Also, the duties of entry supervisor may be passed from one individual to another during the course of an entry operation.
(1) Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit (LFL);
(2) Airborne combustible dust at a concentration that meets or exceeds its LFL;
Note: This concentration may be approximated as a condition in which the dust obscures vision at a distance of 5 feet (1.52 m) or less.
(4) Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in subpart G, Occupational Health and Environmental Control, or in subpart Z, Toxic and Hazardous Substances, of this part and which could result in employee exposure in excess of its dose or permissible exposure limit;
Note: An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is not covered by this provision.
(5) Any other atmospheric condition that is immediately dangerous to life or health.
Note: For air contaminants for which OSHA has not determined a dose or permissible exposure limit, other sources of information, such as Material Safety Data Sheets that comply with the Hazard Communication Standard, §1910.1200 of this part, published information, and internal documents can provide guidance in establishing acceptable atmospheric conditions.
Immediately dangerous to life or health (IDLH) means any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a permit space.
Note: Some materials — hydrogen fluoride gas and cadmium vapor, for example — may produce immediate transient effects that, even if severe, may pass without medical attention, but are followed by sudden, possibly fatal collapse 12-72 hours after exposure. The victim "feels normal" from recovery from transient effects until collapse. Such materials in hazardous quantities are considered to be "immediately" dangerous to life or health.
Non-permit confined space means a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm.
Permit-required confined space (permit space) means a confined space that has one or more of the following characteristics:
(1) Contains or has a potential to contain a hazardous atmosphere;
(2) Contains a material that has the potential for engulfing an entrant;
(3) Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or
(4) Contains any other recognized serious safety or health hazard. Testing means the process by which the hazards that may confront entrants of a permit space are identified and evaluated. Testing includes specifying the tests that are to be performed in the permit space.
Note: Testing enables employers both to devise and implement adequate control measures for the protection of authorized entrants and to determine if acceptable entry conditions are present immediately prior to, and during, entry.
(c) General requirements. 1910.146(c)
(1) The employer shall evaluate the workplace 1910.146(c)(1)
(2) If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces. 1910.146(c)(2)
Note: A sign reading "DANGER — PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER" or using other similar language would satisfy the requirement for a sign.
(3) If the employer decides that its employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with paragraphs (c)(1), (c)(2), (c)(6), and (c)(8) of this section. 1910.146(c)(3)
(4) If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with this section. The written program shall be available for inspection by employees and their authorized representatives. 1910.146(c)(4)
(5) An employer may use the alternate procedures (i)-(ii) 1910.146(c)(5)
(6) When there are changes 1910.146(c)(6)
(7) A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following procedures: 1910.146(c)(7)
(i) If the permit space poses no actual or potential atmospheric hazards and if all hazards within the space are eliminated without entry into the space, the permit space may be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated. 1910.146(c)(7)(i)
(ii) If it is necessary to enter the permit space to eliminate hazards, such entry shall be performed under paragraphs (d) through (k) of this section. If testing and inspection during that entry demonstrate that the hazards within the permit space have been eliminated, the permit space may be reclassified as a non-permit confined space for as long as the hazards remain eliminated. 1910.146(c)(7)(ii)
Note: Control of atmospheric hazards through forced air ventilation does not constitute elimination of the hazards. Paragraph (c)(5) covers permit space entry where the employer can demonstrate that forced air ventilation alone will control all hazards in the space.
(iii) The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be made available to each employee entering the space or to that employee's authorized representative. 1910.146(c)(7)(iii)
(iv) If hazards arise within a permit space that has been declassified to a non-permit space under paragraph (c)(7) of this section, each employee in the space shall exit the space. The employer shall then reevaluate the space and determine whether it must be reclassified as a permit space, in accordance with other applicable provisions of this section. 1910.146(c)(7)(iv)
(8) When an employer (host employer) arranges to have employees of another employer (contractor) (i)-(v) 1910.146(c)(8)
(9) In addition to complying (i)-(iii) 1910.146(c)(9)
(d) Permit-required confined space program (permit space program). 1910.146(d)
Under the permit space program required by paragraph (c)(4) of this section, the employer shall:
(1) Implement the measures necessary to prevent unauthorized entry; 1910.146(d)(1)
(2) Identify and evaluate the hazards of permit spaces before employees enter them; 1910.146(d)(2)
(3) Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following: 1910.146(d)(3)
(ii) Providing each authorized entrant or that employee's authorized representative with the opportunity to observe any monitoring or testing of permit spaces; 1910.146(d)(3)(ii)
(iii) Isolating the permit space;1910.146(d)(3)(iii)
(iv) Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards; 1910.146(d)(3)(iv)
(v) Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards; and 1910.146(d)(3)(v)
§1910.146 Succinct General Industry Regulations and Standards
(vi) Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry. 1910.146(d)(3)(vi)
(4) Provide the following equipment (specified in paragraphs (d)(4)(i) through (d)(4)(ix) of this section) at no cost to employees, maintain that equipment properly, and ensure that employees use that equipment properly: (i)-(ix) 1910.146(d)(4)
(5) Evaluate permit space conditions as follows when entry operations are conducted: (i)-(vi) 1910.146(d)(5)
(6) Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations; 1910.146(d)(6)
Note: Attendants may be assigned to monitor more than one permit space provided the duties described in paragraph (i) of this section can be effectively performed for each permit space that is monitored. Likewise, attendants may be stationed at any location outside the permit space to be monitored as long as the duties described in paragraph (i) of this section can be effectively performed for each permit space that is monitored.
(7) If multiple spaces are to be monitored 1910.146(d)(7)
(8) Designate the persons who are to have active roles (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by paragraph (g) of this section; 1910.146(d)(8)
(9) Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue; 1910.146(d)(9)
(10) Develop and implement a system 1910.146(d)(10)
(11) Develop and implement procedures to coordinate entry operations when employees of more than one employer are working simultaneously as authorized entrants in a permit space, so that employees of one employer do not endanger the employees of any other employer; 1910.146(d)(11)
(12) Develop and implement procedures 1910.146(d)(12)
(13) Review entry operations 1910.146(d)(13)
(14) Review the permit space program, using the canceled permits retained under paragraph (e)(6) of this section within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards. 1910.146(d)(14)
Note: Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary.
Appendix C to §1910.146 presents examples of permit space programs that are considered to comply with the requirements of paragraph (d) of this section.
(e) Permit system. 1910.146(e)
(1) Before entry is authorized, the employer shall document the completion of measures required by paragraph (d)(3) of this section by preparing an entry permit. 1910.146(e)(1)
Note: Appendix D to §1910.146 presents examples of permits whose elements are considered to comply with the requirements of this section.
(2) Before entry begins, the entry supervisor identified on the permit shall sign the entry permit to authorize entry. 1910.146(e)(2)
(3) The completed permit shall be made available 1910.146(e)(3)
(4) The duration of the permit may not exceed 1910.146(e)(4)
(5) The entry supervisor shall terminate (i)-(ii) 1910.146(e)(5)
(6) The employer shall retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by paragraph (d)(14) of this section. Any problems encountered during an entry operation shall be noted on the pertinent permit so that appropriate revisions to the permit space program can be made. 1910.146(e)(6)
(f) Entry permit. The entry permit that documents compliance with this section and authorizes entry to a permit space shall identify:1910.146(f)
(1) The permit space to be entered; 1910.146(f)(1)
(2) The purpose of the entry; 1910.146(f)(2)
(3) The date and the authorized duration of the entry permit; 1910.146(f)(3)
(4) The authorized entrants 1910.146(f)(4)
(5) The personnel, by name, currently serving as attendants; 1910.146(f)(5)
(6) The individual, by name, 1910.146(f)(6)
(7) The hazards of the permit space to be entered; 1910.146(f)(7)
(8) The measures used 1910.146(f)(8)
(9) The acceptable entry conditions; 1910.146(f)(9)
(10) The results of initial and periodic tests 1910.146(f)(10)
(11) The rescue and emergency services 1910.146(f)(11)
(12) The communication procedures used 1910.146(f)(12)
(13) Equipment, 1910.146(f)(13)
(14) Any other information 1910.146(f)(14)
(15) Any additional permits, 1910.146(f)(15)
(g) Training. 1910.146(g)
(1) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section. 1910.146(g)(1)
(2) Training shall be provided to each affected employee: 1910.146(g)(2)
(i) Before the employee is first assigned duties under this section; 1910.146(g)(2)(i)
(ii) Before there is a change in assigned duties;1910.146(g)(2)(ii)
(iii) Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained; 1910.146(g)(2)(iii)
(iv) Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by paragraph (d)(3) of this section or that there are inadequacies in the employee's knowledge or use of these procedures. 1910.146(g)(2)(iv)
(3) The training shall establish 1910.146(g)(3)
(4) The employer shall certify that the training required by paragraphs (g)(1) through (g)(3) of this section has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of training. The certification shall be available for inspection by employees and their authorized representatives. 1910.146(g)(4)
(h) Duties of authorized entrants. The employer shall ensure that all authorized entrants:1910.146(h)
(1) Know the hazards that may be faced 1910.146(h)(1)
(2) Properly use equipment 1910.146(h)(2)
(3) Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space as required by paragraph (i)(6) of this section; 1910.146(h)(3)
(4) Alert the attendant whenever: 1910.146(h)(4)
(i) The entrant recognizes any warning sign or symptom of exposure to a dangerous situation, or 1910.146(h)(4)(i)
(ii) The entrant detects a prohibited condition; and 1910.146(h)(4)(ii)
(5) Exit from the permit space as quickly as possible whenever: 1910.146(h)(5)
(i) An order to evacuate is given by the attendant or the entry supervisor, 1910.146(h)(5)(i)
(ii) The entrant recognizes any warning sign or symptom of exposure to a dangerous situation, 1910.146(h)(5)(ii)
(iii) The entrant detects a prohibited condition, or1910.146(h)(5)(iii)
(iv) An evacuation alarm is activated.1910.146(h)(5)(iv)
(i) Duties of attendants. The employer shall ensure that each attendant:1910.146(i)
(1) Knows the hazards that may be faced 1910.146(i)(1)
(2) Is aware of possible behavioral effects 1910.146(i)(2)
(3) Continuously maintains an accurate count 1910.146(i)(3)
(4) Remains outside the permit space 1910.146(i)(4)
(5) Communicates with authorized entrants 1910.146(i)(5)
(6) Monitors activities inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions; 1910.146(i)(6)
(i) If the attendant detects a prohibited condition;1910.146(i)(6)(i)
(ii) If the attendant detects the behavioral effects of hazard exposure in an authorized entrant; 1910.146(i)(6)(ii)
(iii) If the attendant detects a situation outside the space that could endanger the authorized entrants; or 1910.146(i)(6)(iii)
(iv) If the attendant cannot effectively and safely perform all the duties required under paragraph (i) of this section; 1910.146(i)(6)(iv)
(7) Summon rescue and other emergency 1910.146(i)(7)
(8) Takes the following actions when unauthorized persons approach or enter a permit space while entry is underway: 1910.146(i)(8)
(i) Warn the unauthorized persons that they must stay away from the permit space; 1910.146(i)(8)(i)
(ii) Advise the unauthorized persons that they must exit immediately if they have entered the permit space; and 1910.146(i)(8)(ii)
(iii) Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space; 1910.146(i)(8)(iii)
(9) Performs non-entry rescues 1910.146(i)(9)
(10) Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants. 1910.146(i)(10)
(j) Duties of entry supervisors. The employer shall ensure that each entry supervisor:1910.146(j)
(1) Knows the hazards 1910.146(j)(1)
(2) Verifies, 1910.146(j)(2)
(3) Terminates the entry and cancels the permit 1910.146(j)(3)
(4) Verifies that rescue services are available and that the means for summoning them are operable; 1910.146(j)(4)
(5) Removes unauthorized individuals who enter or who attempt to enter the permit space during entry operations; and 1910.146(j)(5)
(6) Determines, 1910.146(j)(6)
(k) Rescue and emergency services. 1910.146(k)
(1) An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall: 1910.146(k)(1)
(i) Evaluate a prospective rescuer's ability 1910.146(k)(1)(i)
(ii) Evaluate a prospective rescue service's ability, 1910.146(k)(1)(ii)
(iii) Select a rescue team or service from those evaluated that: [A]-[B] 1910.146(k)(1)(iii)
(iv) Inform each rescue team or service 1910.146(k)(1)(iv)
(v) Provide the rescue team or service 1910.146(k)(1)(v)
Note to paragraph (k)(1): Non-mandatory appendix F contains examples of criteria which employers can use in evaluating prospective rescuers as required by paragraph (k)(1) of this section.
(2) An employer whose employees have been designated to provide permit space rescue and emergency services shall take the following measures: 1910.146(k)(2)
(i) Provide affected employees 1910.146(k)(2)(i)
(ii) Train affected employees to perform 1910.146(k)(2)(ii)
(iii) Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available; and 1910.146(k)(2)(iii)
(iv) Ensure that affected employees 1910.146(k)(2)(iv)
(3) To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements. 1910.146(k)(3)
(4) If an injured entrant is exposed to a substance for which a Material Safety Data Sheet (MSDS) or other similar written information is required to be kept at the worksite, that MSDS or written information shall be made available to the medical facility treating the exposed entrant. 1910.146(k)(4)
(l) Employee participation. (1)-(2) 1910.146(l)
§1910.147 The control of hazardous energy (lockout/tagout)
(a) Scope, application, and purpose 1910.147(a)
(1) Scope. 1910.147(a)(1)
(i) This standard covers the servicing and maintenance of machines and equipment in which the unexpected energization or start up of the machines or equipment, or release of stored energy could cause injury to employees. This standard establishes minimum performance requirements for the control of such hazardous energy. 1910.147(a)(1)(i)
(ii) This standard does not cover the following:1910.147(a)(1)(ii)
(2) Application. 1910.147(a)(2)
(i) This standard applies to the control of energy during servicing and/or maintenance of machines and equipment. 1910.147(a)(2)(i)
(ii) Normal production operations are not covered by this standard (See subpart 0 of this part). Servicing and/or maintenance which takes place during normal production operations is covered by this standard only if: 1910.147(a)(2)(ii)
[A] An employee is required to remove or bypass a guard or other safety device; or 1910.147(a)(2)(ii)[A]
[B] An employee is required to place any part of his or her body into an area on a machine or piece of equipment where work is actually performed upon the material being processed (point of operation) or where an associated danger zone exists during a machine operating cycle. 1910.147(a)(2)(ii)[B]
Note: Exception to paragraph (a)(2)(ii): Minor tool changes and adjustments, and other minor servicing activities, which take place during normal production operations, are not covered by this standard if they are routine, repetitive, and integral to the use of the equipment for production, provided that
the work is performed using alternative measures which provide effective protection (See subpart 0 of this part).
(iii) This standard does not apply to the following.1910.147(a)(2)(iii)
[A] Work on cord and plug connected electric equipment for which exposure to the hazards of unexpected energization or start up of the equipment is controlled by the unplugging of the equipment from the energy source and by the plug being under the exclusive control of the employee performing the servicing or maintenance.
1910.147(a)(2)(iii)[A]
[B] Hot tap operations [1]-[3]
1910.147(a)(2)(iii)[B]
[1] continuity of service is essential;
1910.147(a)(2)(iii)[B][1]
[2] shutdown of the system is impractical; and 1910.147(a)(2)(iii)[B][2]
[3] documented procedures are followed, and special equipment is used which will provide proven effective protection for employees.
1910.147(a)(2)(iii)[B][3]
(3) Purpose. 1910.147(a)(3)
(i) This section requires employers to establish a program and utilize procedures for affixing appropriate lockout devices or tagout devices to energy isolating devices, and to otherwise disable machines or equipment to prevent unexpected energization, start-up or release of stored energy in order to prevent injury to employees. 1910.147(a)(3)(i)
(ii) When other standards in this part require the use of lockout or tagout, they shall be used and supplemented by the procedural and training requirements of this section.
1910.147(a)(3)(ii)
(b) Definitions applicable to this section.
Affected employee. An employee whose job requires him/her to operate or use a machine or equipment on which servicing or maintenance is being performed under lockout or tagout, or whose job requires him/her to work in an area in which such servicing or maintenance is being performed.
Authorized employee. A person who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties include performing servicing or maintenance covered under this section.
Energized. Connected to an energy source or containing residual or stored energy.
Lockout. The placement of a lockout device on an energy isolating device, in accordance with an established procedure, ensuring that the energy isolating device and the equipment being controlled cannot be operated until the lockout device is removed.
Tagout. The placement of a tagout device on an energy isolating device, in accordance with an established procedure, to indicate that the energy isolating device and the equipment being controlled may not be operated until the tagout device is removed.
(c) General. 1910.147(c)
(1) Energy control program. The employer shall establish a program consisting of energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, start up or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source, and rendered inoperative. 1910.147(c)(1)
(2) Lockout/tagout. 1910.147(c)(2)
(i) If an energy isolating device is not capable of being locked out, the employer's energy control program under paragraph (c)(1) of this section shall utilize a tagout system. 1910.147(c)(2)(i)
(ii) If an energy isolating device is capable of being locked out, the employer's energy control program under paragraph (c)(1) of this section shall utilize lockout, unless the employer can demonstrate that the utilization of a tagout system will provide full employee protection as set forth in paragraph (c)(3) of this section. 1910.147(c)(2)(ii)
(iii) After January 2, 1990, 1910.147(c)(2)(iii)
(3) Full employee protection. 1910.147(c)(3)
(i) When a tagout device is used on an energy isolating device which is capable of being locked out, the tagout device shall be attached at the same location that the lockout device would have been attached, and the employer shall demonstrate that the tagout program will provide a level of safety equivalent to that obtained by using a lockout program. 1910.147(c)(3)(i)
§1910.147 Succinct General Industry Regulations and Standards
(ii) In demonstrating that a level of safety is achieved in the tagout program which is equivalent to the level of safety obtained by using a lockout program, the employer shall demonstrate full compliance with all tagout-related provisions of this standard together with such additional elements as are necessary to provide the equivalent safety available from the use of a lockout device. Additional means to be considered as part of the demonstration of full employee protection shall include the implementation of additional safety measures such as the removal of an isolating circuit element, blocking of a controlling switch, opening of an extra disconnecting device, or the removal of a valve handle to reduce the likelihood of inadvertent energization.
1910.147(c)(3)(ii)
(4) Energy control procedure. 1910.147(c)(4)
(i) Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section. 1910.147(c)(4)(i)
Note: Exception: The employer need not document the required procedure for a particular machine or equipment, when all of the following elements exist:
(1) The machine or equipment has no potential for stored or residual energy or reaccumulation of stored energy after shut down which could endanger employees;
(2) the machine or equipment has a single energy source which can be readily identified and isolated;
(3) the isolation and locking out of that energy source will completely deenergize and deactivate the machine or equipment;
(4) the machine or equipment is isolated from that energy source and locked out during servicing or maintenance;
(5) a single lockout device will achieve a locked-out condition;
(6) the lockout device is under the exclusive control of the authorized employee performing the servicing or maintenance;
(7) the servicing or maintenance does not create hazards for other employees; and
(8) the employer, in utilizing this exception, has had no accidents involving the unexpected activation or reenergization of the machine or equipment during servicing or maintenance.
(ii) The procedures shall clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, the following: 1910.147(c)(4)(ii)
[A] A specific statement of the intended use of the procedure; 1910.147(c)(4)(ii)[A]
[B] Specific procedural steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy; 1910.147(c)(4)(ii)[B]
[C] Specific procedural steps for the placement, removal and transfer of lockout devices or tagout devices and the responsibility for them; and 1910.147(c)(4)(ii)[C]
[D] Specific requirements for testing a machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control measures. 1910.147(c)(4)(ii)[D]
(5)
Protective materials and hardware. 1910.147(c)(5)
(i) Locks, tags, chains, wedges, key blocks, adapter pins, selflocking fasteners, or other hardware shall be provided by the employer for isolating, securing or blocking of machines or equipment from energy sources. 1910.147(c)(5)(i)
(ii) Lockout devices and tagout devices shall be singularly identified; shall be the only devices(s) used for controlling energy; shall not be used for other purposes; and shall meet the following requirements: 1910.147(c)(5)(ii)
[A] Durable. [1]-[3] 1910.147(c)(5)(ii)[A]
[B] Standardized. Lockout and tagout devices shall be standardized within the facility in at least one of the following criteria: Color; shape; or size; and additionally, in the case of tagout devices, print and format shall be standardized. 1910.147(c)(5)(ii)[B]
[C] Substantial. 1910.147(c)(5)(ii)[C]
[1] Lockout devices. Lockout devices shall be substantial enough to prevent removal without the use of excessive force or unusual techniques, such as with the use of bolt cutters or other metal cutting tools. 1910.147(c)(5)(ii)[C][1]
[2] Tagout devices. Tagout devices, including and their means of attachment, shall be substantial enough to prevent inadvertent or accidental removal. Tagout device attachment means shall be of a non-reusable type, attachable by hand, self-locking, and non-releasable with a minimum unlocking strength of no less than 50 pounds and having the general design and basic characteris-
tics of being at least equivalent to a one-piece, all-environment-tolerant nylon cable tie. 1910.147(c)(5)(ii)[C][2]
[D] Identifiable. Lockout devices and tagout devices shall indicate the identity of the employee applying the device(s). 1910.147(c)(5)(ii)[D]
(iii) Tagout devices shall warn against hazardous conditions if the machine or equipment is energized and shall include a legend such as the following: Do Not Start, Do Not Open, Do Not Close, Do Not Energize, Do Not Operate. 1910.147(c)(5)(iii)
(6) Periodic inspection. 1910.147(c)(6)
(i) The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed. [A]-[D] 1910.147(c)(6)(i)
(ii) The employer shall certify that the periodic inspections have been performed. The certification shall identify the machine or equipment on which the energy control procedure was being utilized, the date of the inspection, the employees included in the inspection, and the person performing the inspection. 1910.147(c)(6)(ii)
(7) Training and communication. 1910.147(c)(7)
(i) The employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees. The training shall include the following: 1910.147(c)(7)(i)
[A] Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control. 1910.147(c)(7)(i)[A]
[B] Each affected employee shall be instructed in the purpose and use of the energy control procedure.
1910.147(c)(7)(i)[B]
[C] All other employees whose work operations are or may be in an area where energy control procedures may be utilized, shall be instructed about the procedure, and about the prohibition relating to attempts to restart or reenergize machines or equipment which are locked out or tagged out. 1910.147(c)(7)(i)[C]
(ii) When tagout systems are used, employees shall also be trained in the following limitations of tags: [A]-[F]
1910.147(c)(7)(ii)
[B] When a tag is attached to an energy isolating means, it is not to be removed without authorization of the authorized person responsible for it, and it is never to be bypassed, ignored, or otherwise defeated.
1910.147(c)(7)(ii)[B]
(iii) Employee retraining.1910.147(c)(7)(iii)
[A] Retraining shall be provided for all authorized and affected employees whenever there is a change in their job assignments, a change in machines, equipment or processes that present a new hazard, or when there is a change in the energy control procedures.
1910.147(c)(7)(iii)[A]
[B] Additional retraining shall also be conducted whenever a periodic inspection under paragraph (c)(6) of this section reveals, or whenever the employer has reason to believe, that there are deviations from or inadequacies in the employee's knowledge or use of the energy control procedures. 1910.147(c)(7)(iii)[B]
[C] The retraining shall reestablish 1910.147(c)(7)(iii)[C]
(iv) The employer shall certify 1910.147(c)(7)(iv)
(8) Energy isolation. Lockout or tagout shall be performed only by the authorized employees who are performing the servicing or maintenance. 1910.147(c)(8)
(9) Notification of employees. Affected employees shall be notified by the employer or authorized employee of the application and removal of lockout devices or tagout devices. Notification shall be given before the controls are applied, and after they are removed from the machine or equipment. 1910.147(c)(9)
(d) Application of control. The established procedures for the application of energy control (the lockout or tagout procedures) shall cover the following elements and actions and shall be done in the following sequence:1910.147(d)
(1) Preparation for shutdown. Before an authorized or affected employee turns off a machine or equipment, the authorized employee shall have knowledge of the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy. 1910.147(d)(1)
(2) Machine or equipment shutdown. The machine or equipment shall be turned off or shut down using the procedures established for the machine or equipment. An orderly shutdown must be utilized to avoid any additional or increased hazard(s) to employees as a result of the equipment stoppage. 1910.147(d)(2)
(3) Machine or equipment isolation. All energy isolating devices that are needed to control the energy to the machine or equipment shall be physically located and operated in such a manner as to isolate the machine or equipment from the energy source(s). 1910.147(d)(3)
(4) Lockout or tagout device application. 1910.147(d)(4)
(i) Lockout or tagout devices shall be affixed to each energy isolating device by authorized employees. 1910.147(d)(4)(i)
(ii) Lockout devices, where used, shall be affixed in a manner to that will hold the energy isolating devices in a "safe" or "off" position. 1910.147(d)(4)(ii)
(iii) Tagout devices, where used, shall be affixed in such a manner as will clearly indicate that the operation or movement of energy isolating devices from the "safe" or "off" position is prohibited. 1910.147(d)(4)(iii)
[A] Where tagout devices are used with energy isolating devices designed with the capability of being locked, the tag attachment shall be fastened at the same point at which the lock would have been attached.
1910.147(d)(4)(iii)[A]
[B] Where a tag cannot be affixed directly to the energy isolating device, the tag shall be located as close as safely possible to the device, in a position that will be immediately obvious to anyone attempting to operate the device. 1910.147(d)(4)(iii)[B]
(5) Stored energy. 1910.147(d)(5)
(i) Following the application of lockout or tagout devices to energy isolating devices, all potentially hazardous stored or residual energy shall be relieved, disconnected, restrained, and otherwise rendered safe. 1910.147(d)(5)(i)
(ii) If there is a possibility of reaccumulation of stored energy to a hazardous level, verification of isolation shall be continued until the servicing or maintenance is completed, or until the possibility of such accumulation no longer exists.
1910.147(d)(5)(ii)
(6) Verification of isolation. Prior to starting work on machines or equipment that have been locked out or tagged out, the authorized employee shall verify that isolation and deenergization of the machine or equipment have been accomplished.
1910.147(d)(6)
(e) Release from lockout or tagout. Before lockout or tagout devices are removed and energy is restored to the machine or equipment, procedures shall be followed and actions taken by the authorized employee(s) to ensure the following:1910.147(e)
(1) The machine or equipment. The work area shall be inspected to ensure that nonessential items have been removed and to ensure that machine or equipment components are operationally intact. 1910.147(e)(1)
(2) Employees. 1910.147(e)(2)
(i) The work area shall be checked to ensure that all employees have been safely positioned or removed. 1910.147(e)(2)(i)
(ii) After lockout or tagout devices have been removed and before a machine or equipment is started, affected employees shall be notified that the lockout or tagout device(s) have been removed. 1910.147(e)(2)(ii)
(3) Lockout or tagout devices removal. Each lockout or tagout device shall be removed from each energy isolating device by the employee who applied the device. Exception to paragraph (e)(3): When the authorized employee who applied the lockout or tagout device is not available to remove it, that device may be removed under the direction of the employer, provided that specific procedures and training for such removal have been developed, documented and incorporated into the employer's energy control program. The employer shall demonstrate that the specific procedure provides equivalent safety to the removal of the device by the authorized employee who applied it. The specific procedure shall include at least the following elements: 1910.147(e)(3)
(i) Verfication by the employer that the authorized employee who applied the device is not at the facility; 1910.147(e)(3)(i)
(ii) Making all reasonable efforts to contact the authorized employee to inform him/her that his/her lockout or tagout device has been removed; and 1910.147(e)(3)(ii)
(iii) Ensuring that the authorized employee has this knowledge before he/she resumes work at that facility. 1910.147(e)(3)(iii)
Letter of Interpretation (LOI) Stop: Removal of lockout and tagout devices by persons other than those who applied them The 'one person, one lock, one key' practice is the preferred means and is accepted across industry lines, but it is not the only method to meet the language of the standard. The destructive removal of the tagout device is required by the standard, and there is no equivalent 'master key' concept for tagout devices. Tagout device attachment means must be of the non-reusable and non-releasable type. In order to adequately protect the authorized employee who affixes the tagout device and to prevent other employees from removing it.
(f) Additional requirements. 1910.147(f)
(1) Testing or positioning of machines, equipment or components thereof. In situations in which lockout or tagout devices must be temporarily removed from the energy isolating device and the machine or equipment energized to test or position the machine, equipment or component thereof, the following sequence of actions shall be followed: 1910.147(f)(1)
(i) Clear the machine or equipment of tools and materials in accordance with paragraph (e)(1) of this section; 1910.147(f)(1)(i)
(ii) Remove employees from the machine or equipment area in accordance with paragraph (e)(2) of this section; 1910.147(f)(1)(ii)
(iii) Remove the lockout or tagout devices as specified in paragraph (e)(3) of this section; 1910.147(f)(1)(iii)
(iv) Energize and proceed with testing or positioning; 1910.147(f)(1)(iv)
(v) Deenergize all systems and reapply energy control measures in accordance with paragraph (d) of this section to continue the servicing and/or maintenance. 1910.147(f)(1)(v)
(i) Whenever outside servicing personnel are to be engaged in activities covered by the scope and application of this standard, the on-site employer and the outside employer shall inform each other of their respective lockout or tagout procedures. 1910.147(f)(2)(i)
(ii) The on-site employer shall ensure that his/her employees understand and comply with the restrictions and prohibitions of the outside employer's energy control program.
1910.147(f)(2)(ii)
(3) Group lockout or tagout. 1910.147(f)(3)
(i) When servicing and/or maintenance is performed by a crew, craft, department or other group, they shall utilize a procedure which affords the employees a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device. 1910.147(f)(3)(i)
(ii) Group lockout or tagout devices [A]-[D] 1910.147(f)(3)(ii)
(4) Shift or personnel changes. Specific procedures shall be utilized during shift or personnel changes to ensure the continuity of lockout or tagout protection, including provision for the orderly transfer of lockout or tagout device protection between off-going and oncoming employees, to minimize exposure to hazards from the unexpected energization or start-up of the machine or equipment, or the release of stored energy. 1910.147(f)(4)
Note: The following appendix to §1910.147 services as a non-mandatory guideline to assist employers and employees in complying with the requirements of this section, as well as to provide other helpful information. Nothing in the appendix adds to or detracts from any of the requirements of this section.
Subpart K – Medical and First Aid
§1910.151 Medical services and first aid
(a) The employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health. 1910.151(a)
(b) In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available. 1910.151(b)
Letter of Interpretation (LOI) Stop: First-Aid Kits and Readily Available The contents of the first aid kit listed in ANSI Z308.1 should be adequate for small worksite, like the one you describe in your letter. However, larger or multiple operation should consider the need for additional first aid kits, additional types of first aid equipment, and first aid supplies in larger quantities. The first aid supplies should be located in an easily accessible area, and the first aid provider generally should not have to travel through several doorways, hallways, and/or stairways to access first aid supplies.
§1910.155 Succinct General Industry Regulations and Standards
Letter of Interpretation (LOI) Stop: Training requirements under 1910.151 (Medical Services and First Aid) There are no exemptions from 1910.151 due to a company's size. All industries are requires to comply with 1910.151 regardless of the type of work performed. The employer's first aid program must correspond to the hazards which can be reasonably expected to occur.
Letter of Interpretation (LOI) Stop: First aid response time In workplaces where serious accidents such as those involving falls, suffocation, electrocution, or amputation are possible emergency medical services must be available within 3-4 minutes. Where the possibility of such serious work-related injuries is less likely, a longer response time of up to 15 minutes may be reasonable.
(c) Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.1910.151(c)
Letter of Interpretation (LOI) Stop: Clarification regarding the use of eyewash stations Eyewash facilities are to be located to require no more than 10 seconds to reach but that where a strong acid or caustic is used, the unit should be immediately adjacent to the hazard.
Subpart L – Fire Protection
§1910.155 Scope, application and definitions applicable to this subpart
(a) Scope. This subpart contains requirements for fire brigades, and all portable and fixed fire suppression equipment, fire detection systems, and fire or employee alarm systems installed to meet the fire protection requirements of 29 CFR part 1910.1910.155(a)
(b) Application. 1910.155(b)
(c) Definitions applicable to this subpart. (1)-(42)
(8) Class A fire means a fire involving ordinary combustible materials such as paper, wood, cloth, and some rubber and plastic materials.
(9) Class B fire means a fire involving flammable or combustible liquids, flammable gases, greases and similar materials, and some rubber and plastic materials.
(10) Class C fire means a fire involving energized electrical equipment where safety to the employee requires the use of electrically nonconductive extinguishing media.
(11) Class D fire means a fire involving combustible metals such as magnesium, titanium, zirconium, sodium, lithium and potassium.
(16) Extinguisher classification means the letter classification given an extinguisher to designate the class or classes of fire on which an extinguisher will be effective.
(17) Extinguisher rating means the numerical rating given to an extinguisher which indicates the extinguishing potential of the unit based on standardized tests developed by Underwriters' Laboratories, Inc.
(39) Standpipe systems.
Portable Fire Suppression Equipment
§1910.157 Portable fire extinguishers
(a) Scope and application. 1910.157(a)
(b) Exemptions. 1910.157(b)
(1) Where the employer has established and implemented a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal and which includes an emergency action plan and a fire prevention plan which meet the requirements of 29 CFR 1910.38 and 29 CFR 1910.39 respectively, and when extinguishers are not available in the workplace, the employer is exempt from all requirements of this section unless a specific standard in part 1910 requires that a portable fire extinguisher be provided. 1910.157(b)(1)
(2) Where the employer has an emergency action plan meeting the requirements of §1910.38 which designates certain employees to be the only employees authorized to use the available portable fire extinguishers, and which requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm, the employer is exempt from the distribution requirements in paragraph (d) of this section. 1910.157(b)(2)
(c) General requirements. (1)-(5) 1910.157(c)
(1) The employer shall provide portable fire extinguishers and shall mount, locate and identify them so that they are readily accessible to employees without subjecting the employees to possible injury. 1910.157(c)(1)
(d) Selection and distribution. 1910.157(d)
(1) Portable fire extinguishers shall be provided for employee use and selected and distributed based on the classes of anticipated workplace fires and on the size and degree of hazard which would affect their use. 1910.157(d)(1)
(2) The employer shall distribute portable fire extinguishers for use by employees on Class A fires so that the travel distance for employees to any extinguisher is 75 feet (22.9 m) or less. 1910.157(d)(2)
(3) The employer may use uniformly spaced standpipe 1910.157(d)(3)
(4) The employer shall distribute portable fire extinguishers for use by employees on Class B fires so that the travel distance from the Class B hazard area to any extinguisher is 50 feet (15.2 m) or less. 1910.157(d)(4)
(5) The employer shall distribute portable fire extinguishers used for Class C hazards on the basis of the appropriate pattern for the existing Class A or Class B hazards. 1910.157(d)(5)
(6) The employer shall distribute portable fire extinguishers 1910.157(d)(6)
(e) Inspection, maintenance and testing. 1910.157(e)
(1) The employer shall be responsible for the inspection, maintenance and testing of all portable fire extinguishers in the workplace. 1910.157(e)(1)
(2) Portable extinguishers or hose used in lieu thereof under paragraph (d)(3) of this section shall be visually inspected monthly. 1910.157(e)(2)
(3) The employer shall assure that portable fire extinguishers are subjected to an annual maintenance check. Stored pressure extinguishers do not require an internal examination. The employer shall record the annual maintenance date and retain this record for one year after the last entry or the life of the shell, whichever is less. The record shall be available to the Assistant Secretary upon request. 1910.157(e)(3)
(4) The employer shall assure that stored pressure dry chemical 1910.157(e)(4)
(5) The employer shall assure that alternate equivalent protection 1910.157(e)(5)
(f) Hydrostatic testing. (1)-(16) 1910.157(f)
(g) Training and education. 1910.157(g)
(1) Where the employer has provided portable fire extinguishers for employee use in the workplace, the employer shall also provide an educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting. 1910.157(g)(1)
(2) The employer shall provide the education required 1910.157(g)(2)
(3) The employer shall provide employees who have been designated to use fire fighting equipment as part of an emergency action plan with training in the use of the appropriate equipment. 1910.157(g)(3)
(4) The employer shall provide the training required 1910.157(g)(4)
§1910.165 Employee alarm systems
(a) Scope and application. 1910.165(a)
(1) This section applies to all emergency employee alarms installed to meet a particular OSHA standard. This section does not apply to those discharge or supervisory alarms required on various fixed extinguishing systems or to supervisory alarms on fire suppression, alarm or detection systems unless they are intended to be employee alarm systems. 1910.165(a)(1)
(2) The requirements in this section 1910.165(a)(2)
(3) All pre-discharge employee alarms 1910.165(a)(3)
(b) General requirements. 1910.165(b)
(1) The employee alarm system 1910.165(b)(1)
(2) The employee alarm shall be capable of being perceived above ambient noise or light levels by all employees in the affected portions of the workplace. Tactile devices may be used to alert those employees who would not otherwise be able to recognize the audible or visual alarm. 1910.165(b)(2)
(3) The employee alarm 1910.165(b)(3)
(4) The employer shall explain 1910.165(b)(4)
(5) The employer shall establish procedures 1910.165(b)(5)
(c) Installation and restoration. (1)-(2) 1910.165(c)
(d) Maintenance and testing. (1)-(5) 1910.165(d)
(e) Manual operation. 1910.165(e)
Subpart M – Compressed Gas and Compressed Air Equipment
§1910.169 Air receivers
(a) General requirements. 1910.169(a)
(1) Application. This section applies to compressed air receivers, and other equipment used in providing and utilizing compressed air for performing operations such as cleaning, drilling, hoisting, and chipping. On the other hand, however, this section does not deal with the special problems created by using compressed air to convey materials nor the problems created when men work in compressed air as in tunnels and caissons. This section is not intended to apply to compressed air machinery and equipment used on transportation vehicles such as steam railroad cars, electric railway cars, and automotive equipment. 1910.169(a)(1) (2) New and existing equipment. (i)-(ii) 1910.169(a)(2)
(b) Installation and equipment requirements (1)-(3) 1910.169(b)
Subpart N – Materials Handling and Storage
§1910.176 Handling materials — general
(a) Use of mechanical equipment. Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made. Aisles and passageways shall be kept clear and in good repair, with no obstruction across or in aisles that could create a hazard. Permanent aisles and passageways shall be appropriately marked.1910.176(a)
(b) Secure storage. Storage of material shall not create a hazard. Bags, containers, bundles, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secure against sliding or collapse.1910.176(b)
(c) Housekeeping. Storage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control will be exercised when necessary.1910.176(c)
(d) [Reserved] 1910.176(d)
(e) Clearance limits. Clearance signs to warn of clearance limits shall be provided.1910.176(e)
(f) Rolling railroad cars. 1910.176(f)
(g) Guarding. Covers and/or guardrails shall be provided to protect personnel from the hazards of open pits, tanks, vats, ditches, etc.1910.176(g)
§1910.178 Powered industrial trucks
Letter of Interpretation (LOI) Stop: Fall Protection for Scissor Lifts As you are aware, OSHA does not have specific standard addressing scissor lifts. For additional information regarding scissor lift safety, please refer to national consensus standard ANSI/SIA A92.3 Manually Propelled Elevating Aerial Platforms, and ANSI/SIA A92.6, Self Propelled Elevating Work Platforms.
Letter of Interpretation (LOI) Stop: Use of seat belts on powered industrial trucks; retrofit program for trucks without seat belts OSHA does not have a specific standard that requires the use of seat belts, however recognition of the hazard of powered industrial truck tipover and the need for the use of an operator restraint system is evidenced by certain requirements for powered industrial trucks at ASME B56.1-1993. Therefore, OSHA would enforce this standard under Section 5(a)(1) of the OSHA Act (General Duty Clause). Regarding forklift trucks already in use (that do not have seat belts) when an employers has been notified by a powered industrial truck manufacturer of the hazard of lift truck overturn and made aware of an operator restraint system retrofit program, then OSHA may cite Section 5(a)(1) of the OSHA Act if the employer has not taken advantage of this program.
(a) General requirements. 1910.178(a)
(1) This section contains safety requirements relating to fire protection, design, maintenance, and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. This section does not apply to compressed air or nonflammable compressed gas-operated industrial trucks, nor to farm vehicles, nor to vehicles intended primarily for earth moving or over-the-road hauling. 1910.178(a)(1)
(2) All new powered industrial trucks acquired 1910.178(a)(2)
(3) Approved trucks shall bear a label or some other identifying mark indicating approval by the testing laboratory. See paragraph (a)(7) of this section and paragraph 405 of "American National Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969", which is incorporated by reference in paragraph (a)(2) of this section and which provides that if the powered industrial truck is accepted by a nationally recognized testing laboratory it should be so marked. 1910.178(a)(3)
(4) Modifications and additions which affect capacity and safe operation shall not be performed by the customer or user without manufacturers prior written approval. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly. 1910.178(a)(4)
Letter of Interpretation (LOI) Stop: Modifications to a powered industrial truck (forklift) Employers must seek written approval from powered industrial truck manufacturers when modifications and additions affect the capacity and safe operation of powered industrial trucks. If no response or negative response is received from the manufacturer, OSHA will accept a written approval of the modification/addition from a Qualified Registered Professional Engineer.
(5) If the truck is equipped with front-end attachments 1910.178(a)(5)
(6) The user shall see that all nameplates and markings are in place and are maintained in a legible condition. 1910.178(a)(6)
(7) As used in this section, the term, 1910.178(a)(7) approved truck or approved industrial truck means a truck that is listed or approved for fire safety purposes for the intended use by a nationally recognized testing laboratory, using nationally recognized testing standards. Refer to §1910.155(c)(3)(iv)(A) for definition of listed, and to §1910.7 for definition of nationally recognized testing laboratory.
(b) Designations. (1)-(12) 1910.178(b)
(c) Designated locations. (1)-(2) 1910.178(c)
(d) Converted industrial trucks. 1910.178(d)
(e) Safety guards. 1910.178(e)
(1) High Lift Rider trucks shall be fitted with an overhead guard manufactured in accordance with paragraph (a)(2) of this section, unless operating conditions do not permit. 1910.178(e)(1)
Letter of Interpretation (LOI) Stop: Overhead guards are not required for trucks operating in low overhead locations Section 1910.178(e)(1) requires that overhead guards be installed on High Lift Rider Trucks unless operating conditions do not permit. His trucks would be exempted from the requirements for overhead guards, while being used in low overhead locations. Trucks used in other areas would be required to have overhead guards. This could be accomplished by assigning certain trucks for used in each area, or by the use of overhead guards which flip back or tilt to the side.
(2) If the type of load presents a hazard, the user shall equip fork trucks with a vertical load backrest extension manufactured in accordance with paragraph (a)(2) of this section. 1910.178(e)(2)
(f) Fuel handling and storage. 1910.178(f)
(1) The storage and handling of liquid fuels such as gasoline and diesel fuel shall be in accordance with NFPA Flammable and Combustible Liquids Code (NFPA No. 30-1969), which is incorporated by reference as specified in §1910.6. 1910.178(f)(1)
(2) The storage and handling of liquefied petroleum gas fuel shall be in accordance with NFPA Storage and Handling of Liquefied Petroleum Gases (NFPA No. 58-1969), which is incorporated by reference as specified in §1910.6. 1910.178(f)(2)
(g) Changing and charging storage batteries. 1910.178(g)
(1) Battery charging installations shall be located in areas designated for that purpose. 1910.178(g)(1)
(2) Facilities shall be provided 1910.178(g)(2)
(3) [Reserved] 1910.178(g)(3)
(4) A conveyor, overhead hoist, 1910.178(g)(4)
(5) Reinstalled batteries 1910.178(g)(5)
(6) A carboy tilter or siphon shall be provided for handling electrolyte. 1910.178(g)(6)
(7) When charging batteries, 1910.178(g)(7)
(8) Trucks shall be properly positioned 1910.178(g)(8)
(9) Care shall be taken to assure 1910.178(g)(9)
(10) Smoking shall be prohibited in the charging area. 1910.178(g)(10)
(11) Precautions shall be taken 1910.178(g)(11)
(12) Tools and other metallic objects 1910.178(g)(12)
§1910.178
(h) Lighting for operating areas. 1910.178(h)
(2) Where general lighting is less than 2 lumens per square foot, auxiliary directional lighting shall be provided on the truck. 1910.178(h)(2)
(i) Control of noxious gases and fumes. (1) 1910.178(i)
(j) Dockboards (bridge plates). 1910.178(j)
(k) Trucks and railroad cars. 1910.178(k)
(1) The brakes of highway trucks shall be set and wheel chocks placed under the rear wheels to prevent the trucks from rolling while they are boarded with powered industrial trucks. 1910.178(k)(1)
Letter of Interpretation (LOI) Stop: OSHA requirements for wheel chocks The word, 'chocks' as it appears in the OSHA standard 29 CFR 1910.178(k)(1) is a grammatical construction only, and does not mean that OSHA would require the placing of multiple chocks. One chock should fully satisfy the intent of the safety regulation if it effectively prevents movement of the truck during loading operations involving powered industrial trucks.
(2) Wheel stops or other recognized positive protection 1910.178(k)(2)
(3) Fixed jacks may be necessary to support a semitrailer and prevent upending during the loading or unloading when the trailer is not coupled to a tractor. 1910.178(k)(3)
(4) Positive protection shall be provided 1910.178(k)(4)
(l) Operator training. 1910.178(l)
Letter of Interpretation (LOI) Stop: Powered industrial truck training: different types of trucks/workplace conditions Operators who have successfully completed training and evaluation (in a specific type of truck) would not need additional training when they are assigned to operate the same type of truck made by a different manufacturer. However, operators would need additional training if the applicable truck-related and workplace-related topics listed in 1910.175(I)(3) are different for that truck.
(1) Safe operation. 1910.178(l)(1)
(i) The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l). 1910.178(l)(1)(i)
Letter of Interpretation (LOI) Stop: Disabled (hearing impaired) forklift operators 29 CFR 1910.178(I)(1)(i) requires the employer shall ensure that each power industrial truck operator is competent to operate a powered industrial truck safely. The standard does not address operator or physical requirements. However, OSHA would consider issuing citations under the general duty clause on a case-by-case basis.
(ii) Prior to permitting an employee to operate a powered industrial truck (except for training purposes), the employer shall ensure that each operator has successfully completed the training required by this paragraph (l), except as permitted by paragraph (l)(5). 1910.178(l)(1)(ii)
(2) Training program implementation. 1910.178(l)(2)
(i) Trainees may operate a powered industrial truck only: 1910.178(l)(2)(i)
[A] Under the direct supervision of persons who have the knowledge, training, and experience to train operators and evaluate their competence; and 1910.178(l)(2)(i)[A]
[B] Where such operation does not endanger the trainee or other employees. 1910.178(l)(2)(i)[B]
(ii) Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace. 1910.178(l)(2)(ii)
(iii) All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence. 1910.178(l)(2)(iii)
(3) Training program content. Powered industrial truck operators shall receive initial training in the following topics, except in topics which the employer can demonstrate are not applicable to safe operation of the truck in the employer's workplace. 1910.178(l)(3)
(i) Truck-related topics:1910.178(l)(3)(i)
[A] Operating instructions, warnings, and precautions for the types of truck the operator will be authorized to operate; 1910.178(l)(3)(i)[A]
[B] Differences between the truck and the automobile; 1910.178(l)(3)(i)[B]
[C] Truck controls and instrumentation: where they are located, what they do, and how they work; 1910.178(l)(3)(i)[C]
[D] Engine or motor operation; 1910.178(l)(3)(i)[D]
[E] Steering and maneuvering; 1910.178(l)(3)(i)[E]
[F] Visibility (including restrictions due to loading); 1910.178(l)(3)(i)[F]
[G] Fork and attachment adaptation, operation, and use limitations; 1910.178(l)(3)(i)[G]
[H] Vehicle capacity; 1910.178(l)(3)(i)[H]
[I] Vehicle stability; 1910.178(l)(3)(i)[I]
[J] Any vehicle inspection and maintenance that the operator will be required to perform; 1910.178(l)(3)(i)[J]
[K] Refueling and/or charging and recharging of batteries; 1910.178(l)(3)(i)[K]
[L] Operating limitations; 1910.178(l)(3)(i)[L]
[M] Any other operating instructions, warnings, or precautions listed in the operator's manual for the types of vehicle that the employee is being trained to operate. 1910.178(l)(3)(i)[M]
(ii) Workplace-related topics:1910.178(l)(3)(ii)
[A] Surface conditions where the vehicle will be operated; 1910.178(l)(3)(ii)[A]
[B] Composition of loads to be carried and load stability; 1910.178(l)(3)(ii)[B]
[C] Load manipulation, stacking, and unstacking; 1910.178(l)(3)(ii)[C]
[D] Pedestrian traffic in areas where the vehicle will be operated; 1910.178(l)(3)(ii)[D]
[E] Narrow aisles and other restricted places where the vehicle will be operated; 1910.178(l)(3)(ii)[E]
[F] Hazardous (classified) locations where the vehicle will be operated; 1910.178(l)(3)(ii)[F]
[G] Ramps and other sloped surfaces that could affect the vehicle's stability; 1910.178(l)(3)(ii)[G]
[H] Closed environments and other areas where insufficient ventilation or poor vehicle maintenance could cause a buildup of carbon monoxide or diesel exhaust; 1910.178(l)(3)(ii)[H]
[I] Other unique or potentially hazardous environmental conditions in the workplace that could affect safe operation. 1910.178(l)(3)(ii)[I]
(iii) The requirements of this section.1910.178(l)(3)(iii)
(4) Refresher training and evaluation. 1910.178(l)(4)
(i) Refresher training, including an evaluation of the effectiveness of that training, shall be conducted as required by paragraph (l)(4)(ii) to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely. 1910.178(l)(4)(i)
(ii) Refresher training in relevant topics shall be provided to the operator when: 1910.178(l)(4)(ii)
[A] The operator has been observed to operate the vehicle in an unsafe manner; 1910.178(l)(4)(ii)[A]
[B] The operator has been involved in an accident or near-miss incident; 1910.178(l)(4)(ii)[B]
[C] The operator has received an evaluation that reveals that the operator is not operating the truck safely; 1910.178(l)(4)(ii)[C]
[D] The operator is assigned to drive a different type of truck; or 1910.178(l)(4)(ii)[D]
[E] A condition in the workplace changes in a manner that could affect safe operation of the truck. 1910.178(l)(4)(ii)[E]
(iii) An evaluation of each powered industrial truck operator's performance shall be conducted at least once every three years. 1910.178(l)(4)(iii)
(5) Avoidance of duplicative training. 1910.178(l)(5)
(6) Certification. The employer shall certify that each operator has been trained and evaluated as required by this paragraph (l). The certification shall include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation. 1910.178(l)(6)
(7) Dates. 1910.178(l)(7)
(8) Appendix A to this section provides non-mandatory guidance to assist employers in implementing this paragraph (l). This appendix does not add to, alter, or reduce the requirements of this section. 1910.178(l)(8)
(m) Truck operations. 1910.178(m)
(1) Trucks shall not be driven up to anyone standing in front of a bench or other fixed object. 1910.178(m)(1)
(2) No person shall be allowed to stand or pass under the elevated portion of any truck, whether loaded or empty.
1910.178(m)(2)
(3) Unauthorized personnel shall not be permitted to ride on powered industrial trucks. A safe place to ride shall be provided where riding of trucks is authorized. 1910.178(m)(3)
(4) The employer shall prohibit arms or legs from being placed between the uprights of the mast or outside the running lines of the truck. 1910.178(m)(4)
(5)
(i) When a powered industrial truck is left unattended, load engaging means shall be fully lowered, controls shall be neutralized, power shall be shut off, and brakes set. Wheels shall be blocked if the truck is parked on an incline. 1910.178(m)(5)(i)
(ii) A powered industrial truck is unattended when the operator is 25 ft. or more away from the vehicle which remains in his view, or whenever the operator leaves the vehicle and it is not in his view. 1910.178(m)(5)(ii)
(iii) When the operator of an industrial truck is dismounted and within 25 ft. of the truck still in his view, the load engaging means shall be fully lowered, controls neutralized, and the brakes set to prevent movement. 1910.178(m)(5)(iii)
(6) A safe distance shall be maintained from the edge of ramps or platforms while on any elevated dock, or platform or freight car. Trucks shall not be used for opening or closing freight doors. 1910.178(m)(6)
(7) Brakes shall be set and wheel blocks shall be in place 1910.178(m)(7)
(8) There shall be sufficient headroom under overhead installations, lights, pipes, sprinkler system, etc. 1910.178(m)(8)
(9) An overhead guard shall be used as protection against falling objects. It should be noted that an overhead guard is intended to offer protection from the impact of small packages, boxes, bagged material, etc., representative of the job application, but not to withstand the impact of a falling capacity load.
1910.178(m)(9)
(10) A load backrest extension shall be used whenever necessary to minimize the possibility of the load or part of it from falling rearward. 1910.178(m)(10)
(11) Only approved industrial trucks shall be used in hazardous locations. 1910.178(m)(11)
(12) — (13) [Reserved]
(14) Fire aisles, access to stairways, and fire equipment shall be kept clear. 1910.178(m)(14)
(n) Traveling. 1910.178(n)
(1) All traffic regulations shall be observed, including authorized plant speed limits. A safe distance shall be maintained approximately three truck lengths from the truck ahead, and the truck shall be kept under control at all times. 1910.178(n)(1)
(2) The right of way shall be yielded 1910.178(n)(2)
(3) Other trucks traveling in the same direction 1910.178(n)(3)
(4) The driver shall be required to slow down and sound the horn at cross aisles and other locations where vision is obstructed. If the load being carried obstructs forward view, the driver shall be required to travel with the load trailing. 1910.178(n)(4)
(5) Railroad tracks shall be crossed diagonally wherever 1910.178(n)(5)
(6) The driver shall be required to look in the direction of, and keep a clear view of the path of travel. 1910.178(n)(6)
(7) Grades shall be ascended or descended slowly. (i)-(iii) 1910.178(n)(7)
(i) When ascending or descending grades in excess of 10 percent, loaded trucks shall be driven with the load upgrade. 1910.178(n)(7)(i)
(ii) [Reserved] 1910.178(n)(7)(ii)
(iii) On all grades the load and load engaging means shall be tilted back if applicable, and raised only as far as necessary to clear the road surface. 1910.178(n)(7)(iii)
(8) Under all travel conditions the truck shall be operated at a speed that will permit it to be brought to a stop in a safe manner. 1910.178(n)(8)
(9) Stunt driving and horseplay shall not be permitted. 1910.178(n)(9)
(10) The driver shall be required to slow down 1910.178(n)(10)
(11) Dockboard or bridgeplates, shall be properly secured 1910.178(n)(11)
(12) Elevators shall be approached slowly, 1910.178(n)(12)
(13) Motorized hand trucks must enter elevator or other confined areas with load end forward. 1910.178(n)(13)
(14) Running over loose objects on the roadway 1910.178(n)(14)
(15) While negotiating turns, speed shall be reduced to a safe level by means of turning the hand steering wheel in a smooth, sweeping motion. Except when maneuvering at a very low speed, the hand steering wheel shall be turned at a moderate, even rate. 1910.178(n)(15)
(o) Loading. 1910.178(o)
(1) Only stable or safely arranged loads shall be handled. Caution shall be exercised when handling off-center loads which cannot be centered. 1910.178(o)(1)
(2) Only loads within the rated capacity of the truck shall be handled. 1910.178(o)(2)
(3) The long or high (including multiple-tiered) loads which may affect capacity shall be adjusted. 1910.178(o)(3)
(4) Trucks equipped with attachments shall be operated as partially loaded trucks when not handling a load. 1910.178(o)(4)
(5) A load engaging means shall be placed 1910.178(o)(5)
(6) Extreme care shall be used when tilting 1910.178(o)(6) (p) Operation of the truck. 1910.178(p)
(1) If at any time a powered industrial truck is found to be in need of repair, defective, or in any way unsafe, the truck shall be taken out of service until it has been restored to safe operating condition. 1910.178(p)(1)
(2) Fuel tanks shall not be filled while the engine is running. Spillage shall be avoided. 1910.178(p)(2)
(3) Spillage of oil or fuel shall be carefully washed away or completely evaporated and the fuel tank cap replaced before restarting engine. 1910.178(p)(3)
(4) No truck shall be operated with a leak in the fuel system until the leak has been corrected. 1910.178(p)(4)
(5) Open flames shall not be used for checking electrolyte level in storage batteries or gasoline level in fuel tanks. 1910.178(p)(5) (q) Maintenance of industrial trucks. 1910.178(q)
(1) Any power-operated industrial truck not in safe operating condition shall be removed from service. All repairs shall be made by authorized personnel. 1910.178(q)(1)
(2) No repairs shall be made in Class I, II, and III locations. 1910.178(q)(2)
(3) Those repairs to the fuel and ignition systems 1910.178(q)(3)
(4) Trucks in need of repairs to the electrical system shall have the battery disconnected prior to such repairs. 1910.178(q)(4)
(5) All parts of any such industrial truck 1910.178(q)(5)
(6) Industrial trucks shall not be altered so that the relative positions of the various parts are different from what they were when originally received from the manufacturer, nor shall they be altered either by the addition of extra parts not provided by the manufacturer or by the elimination of any parts, except as provided in paragraph (q)(12) of this section. Additional counterweighting of fork trucks shall not be done unless approved by the truck manufacturer. 1910.178(q)(6)
(7) Industrial trucks shall be examined before being placed in service, and shall not be placed in service if the examination shows any condition adversely affecting the safety of the vehicle. Such examination shall be made at least daily. Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift. Defects when found shall be immediately reported and corrected.
Letter of Interpretation (LOI) Stop: Pre-operation forklift examinations are not required to be written 1910.178(q)(7) requires powered industrial trucks to be examined before being placed in service. They must not be placed in service if the examination shows any conditions adversely affecting the safety of the vehicle. Although the standard requires that the examination be conducted, there is no OSHA requirement that the examination be recorded.
(8) Water mufflers shall be filled daily or 1910.178(q)(8)
(9) When the temperature of any part of any truck 1910.178(q)(9)
(10) Industrial trucks shall be kept in a clean condition, free of lint, excess oil, and grease. Noncombustible agents should be used for cleaning trucks. Low flash point (below 100 °F.) solvents shall not be used. High flash point (at or above 100 °F.) solvents may be used. Precautions regarding toxicity, ventilation, and fire hazard shall be consonant with the agent or solvent used.
1910.178(q)(10)
(11) [Reserved] 1910.178(q)(11)
(12) Industrial trucks originally approved for the use 1910.178(q)(12)
§1910.184
§1910.184 Slings
(a) Scope. This section applies to slings used in conjunction with other material handling equipment for the movement of material by hoisting, in employments covered by this part. The types of slings covered are those made from alloy steel chain, wire rope, metal mesh, natural or synthetic fiber rope (conventional three strand construction), and synthetic web (nylon, polyester, and polypropylene).1910.184(a) (b) Definitions.
Angle of loading is the inclination of a leg or branch of a sling measured from the horizontal or vertical plane as shown in Fig. N184-5; provided that an angle of loading of five degrees or less from the vertical may be considered a vertical angle of loading.
Basket hitch is a sling configuration whereby the sling is passed under the load and has both ends, end attachments, eyes or handles on the hook or a single master link.
Braided wire rope is a wire rope formed by plaiting component wire ropes.
Bridle wire rope sling is a sling composed of multiple wire rope legs with the top ends gathered in a fitting that goes over the lifting hook.
Cable laid endless sling-mechanical joint is a wire rope sling made endless by joining the ends of a single length of cable laid rope with one or more metallic fittings.
Cable laid grommet-hand tucked is an endless wire rope sling made from one length of rope wrapped six times around a core formed by hand tucking the ends of the rope inside the six wraps.
Cable laid rope is a wire rope composed of six wire ropes wrapped around a fiber or wire rope core.
Cable laid rope sling-mechanical joint is a wire rope sling made from a cable laid rope with eyes fabricated by pressing or swaging one or more metal sleeves over the rope junction.
Choker hitch is a sling configuration with one end of the sling passing under the load and through an end attachment, handle or eye on the other end of the sling.
Coating is an elastomer or other suitable material applied to a sling or to a sling component to impart desirable properties. Cross rod is a wire used to join spirals of metal mesh to form a complete fabric. (See Fig. N-184-2.)
Designated means selected or assigned by the employer or the employer's representative as being qualified to perform specific duties.
Equivalent entity is a person or organization (including an employer) which, by possession of equipment, technical knowledge and skills, can perform with equal competence the same repairs and tests as the person or organization with which it is equated.
Fabric (metal mesh) is the flexible portion of a metal mesh sling consisting of a series of transverse coils and cross rods.
Female handle (choker) is a handle with a handle eye and a slot of such dimension as to permit passage of a male handle thereby allowing the use of a metal mesh sling in a choker hitch. (See Fig. N-184-1.)
Handle is a terminal fitting to which metal mesh fabric is attached.
(See Fig. N-184-1.)
Handle eye is an opening in a handle of a metal mesh sling shaped to accept a hook, shackle or other lifting device. (See Fig. N-184-1.)
Hitch is a sling configuration whereby the sling is fastened to an object or load, either directly to it or around it.
Link is a single ring of a chain.
Male handle (triangle) is a handle with a handle eye.
Master coupling link is an alloy steel welded coupling link used as an intermediate link to join alloy steel chain to master links. (See Fig. N-184-3.)
Master link or gathering ring is a forged or welded steel link used to support all members (legs) of an alloy steel chain sling or wire rope sling. (See Fig. N-184-3.)
Mechanical coupling link is a nonwelded, mechanically closed steel link used to attach master links, hooks, etc., to alloy steel chain.
FIGURE N-184-1 METAL MESH SLING (TYPICAL)
HANDLEEYE
FEMALEHANDLE MALEHANDLE
SLOTDEPTH
SLINGWIDTH
OVERALLLENGTH
FABRICLENGTH
BEARINGTOBEARINGLENGTH
MALEHANDLE
SLINGWIDTH
MALEHANDLE
FABRIC THICKNESS
CROSSRODS SPIRAL
SPIRALSWELDEDORBRAZED TOCROSSRODS
MASTERLINK
MASTERCOUPLINGLINK
COUPLINGLINK
CHAIN
COUPLINGLINK
SLINGHOOK
N-184-3 MAJOR COMPONENTS OF A QUADRUPLE SLING
N-184-4 Basic Sling Configurations with Vertical Legs
FIGURE N-184-2 METAL MESH CONSTRUCTION
FIGURE
FIGURE
Sling manufacturer is a person or organization that assembles sling components into their final form for sale to users.
FORM OF HITCH
CHOKER HITCH
HITCH (Alternates have identical load ratings) VERTICAL HITCH
NOTES: Angles 5 or less from the vertical may be considered vertical angles. For slings with legs more than 5 off vertical, the actual angle as shown in Figure N-184-5 must be considered.
EXPLANATION OF SYMBOLS: MINIMUM DIAMETER OF CURVATURE
Represents a contact surface which shall have a diameter of curvature at least double the diameter of the rope from which the sling is made.
Represents a contact surface which shall have a diameter of curvature at least 8 times the diameter of the rope.
Represents a load in a choker hitch and illustrates the rotary force on the load and/or the slippage of the rope in contact with the load. Diameter of curvature of load surface shall be at least double the diameter of the rope.
N-184-5 Sling Configurations With Angled Legs
HITCH CHOKER HITCH
HITCH (Alternates have identical load ratings)
SECT
HORIZ ANGLE
LARGE SIZE LOAD
HORIZ ANGLE
VERT. ANGLE
VERT. ANGLE CROSS. SECT
HORIZ ANGLE
LARGE SIZE LOAD
NOTES: For vertical angles of 5 or less, refer to Figure N-184-4 “Basic Sling Configuration with Vertical Legs”. See Figure N-184-4 for explanation of symbols.
Proof load is the load applied in performance of a proof test.
Proof test is a nondestructive tension test performed by the sling manufacturer or an equivalent entity to verify construction and workmanship of a sling.
Rated capacity or working load limit is the maximum working load permitted by the provisions of this section.
Reach is the effective length of an alloy steel chain sling measured from the top bearing surface of the upper terminal component to the bottom bearing surface of the lower terminal component.
Selvage edge is the finished edge of synthetic webbing designed to prevent unraveling.
Sling is an assembly which connects the load to the material handling equipment.
Spiral is a single transverse coil that is the basic element from which metal mesh is fabricated. (See Fig. N-184-2.)
Strand laid endless sling-mechanical joint is a wire rope sling made endless from one length of rope with the ends joined by one or more metallic fittings.
Strand laid grommet-hand tucked is an endless wire rope sling made from one length of strand wrapped six times around a core formed by hand tucking the ends of the strand inside the six wraps.
Strand laid rope is a wire rope made with strands (usually six or eight) wrapped around a fiber core, wire strand core, or independent wire rope core (IWRC).
Vertical hitch is a method of supporting a load by a single, vertical part or leg of the sling. (See Fig. N-184-4.)
(c) Safe operating practices. Whenever any sling is used, the following practices shall be observed:1910.184(c)
(1) Slings that are damaged or defective shall not be used. 1910.184(c)(1)
(2) Slings shall not be shortened with knots or bolts or other makeshift devices. 1910.184(c)(2)
(3) Sling legs shall not be kinked. 1910.184(c)(3)
(4) Slings shall not be loaded in excess of their rated capacities. 1910.184(c)(4)
(5) Slings used in a basket hitch shall have the loads balanced to prevent slippage. 1910.184(c)(5)
(6) Slings shall be securely attached to their loads. 1910.184(c)(6)
(7) Slings shall be padded or protected from the sharp edges of their loads. 1910.184(c)(7)
(8) Suspended loads shall be kept clear of all obstructions. 1910.184(c)(8)
(9) All employees shall be kept clear of loads about to be lifted and of suspended loads. 1910.184(c)(9)
(10) Hands or fingers shall not be placed between the sling and its load while the sling is being tightened around the load.
1910.184(c)(10)
(11) Shock loading is prohibited. 1910.184(c)(11)
(12) A sling shall not be pulled from under a load when the load is resting on the sling. 1910.184(c)(12)
(13) Employers must not load a sling in excess of its recommended safe working load as prescribed by the sling manufacturer on the identification markings permanently affixed to the sling.
1910.184(c)(13)
(14) Employers must not use slings without affixed and legible identification markings. 1910.184(c)(14)
(d) Inspections. Each day before being used, the sling and all fastenings and attachments shall be inspected for damage or defects by a competent person designated by the employer. Additional inspections shall be performed during sling use, where service conditions warrant. Damaged or defective slings shall be immediately removed from service.
(i) Hooks, rings, oblong links, pear shaped links, welded or mechanical coupling links or other attachments shall have a rated capacity at least equal to that of the alloy steel chain with which they are used or the sling shall not be used in excess of the rated capacity of the weakest component. 1910.184(e)(2)(i)
(ii) Makeshift links or fasteners formed from bolts or rods, or other such attachments, shall not be used. 1910.184(e)(2)(ii)
(3) Inspections. 1910.184(e)(3)
(i) In addition to the inspection required by paragraph (d) of this section, a thorough periodic inspection of alloy steel chain slings in use shall be made on a regular basis, to be determined on the basis of (A) frequency of sling use; (B) severity of service conditions; (C) nature of lifts being made; and (D) experience gained on the service life of slings used in similar circumstances. Such inspections shall in no event be at intervals greater than once every 12 months. 1910.184(e)(3)(i)
(ii) The employer shall make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected, and shall make such record available for examination. 1910.184(e)(3)(ii)
FIGURE
(iii) The thorough inspection of alloy steel chain slings shall be performed by a competent person designated by the employer, and shall include a thorough inspection for wear, defective welds, deformation and increase in length. Where such defects or deterioration are present, the sling shall be immediately removed from service. 1910.184(e)(3)(iii)
(4) Proof testing. The employer shall ensure that before use, each new, repaired, or reconditioned alloy steel chain sling, including all welded components in the sling assembly, shall be proof tested by the sling manufacturer or equivalent entity, in accordance with paragraph 5.2 of the American Society of Testing and Materials Specification A391- 65, which is incorporated by reference as specified in §1910.6 (ANSI G61.1-1968). The employer shall retain a certificate of the proof test and shall make it available for examination. 1910.184(e)(4)
(5) [Reserved] 1910.184(e)(5)
(6) Safe operating temperatures. Employers must permanently remove an alloy steel-chain slings from service if it is heated above 1000 degrees F. When exposed to service temperatures in excess of 600 degrees F, employers must reduce the maximum working-load limits permitted by the chain manufacturer in accordance with the chain or sling manufacturer's recommendations. 1910.184(e)(6)
(7) Repairing and reconditioning alloy steel chain slings. 1910.184(e)(7)
(i) Worn or damaged alloy steel chain slings or attachments shall not be used until repaired. When welding or heat testing is performed, slings shall not be used unless repaired, reconditioned and proof tested by the sling manufacturer or an equivalent entity. 1910.184(e)(7)(i)
(ii) Mechanical coupling links or low carbon steel repair links shall not be used to repair broken lengths of chain. 1910.184(e)(7)(ii)
(8) Effect of wear. If the chain size at any point of the link is less than that stated in Table N-184-1, the employer must remove the chain from service. 1910.184(e)(8)
(9) Deformed attachments. 1910.184(e)(9)
(i) Alloy steel chain slings with cracked or deformed master links, coupling links or other components shall be removed from service. 1910.184(e)(9)(i)
(2) Minimum sling lengths. 1910.184(f)(2)
(i) Cable laid and 6 × 19 and 6 × 37 slings shall have a minimum clear length of wire rope 10 times the component rope diameter between splices, sleeves or end fittings.
1910.184(f)(2)(i)
(ii) Braided slings shall have a minimum clear length of wire rope 40 times the component rope diameter between the loops or end fittings. 1910.184(f)(2)(ii)
(iii) Cable laid grommets, strand laid grommets and endless slings shall have a minimum circumferential length of 96 times their body diameter. 1910.184(f)(2)(iii)
(3) Safe operating temperatures. Fiber core wire rope slings of all grades shall be permanently removed from service if they are exposed to temperatures in excess of 200 °F. When nonfiber core wire rope slings of any grade are used at temperatures above 400 °F or below minus 60 °F, recommendations of the sling manufacturer regarding use at that temperature shall be followed. 1910.184(f)(3)
(4) End attachments. 1910.184(f)(4)
(i) Welding of end attachments, except covers to thimbles, shall be performed prior to the assembly of the sling. 1910.184(f)(4)(i)
(ii) All welded end attachments shall not be used unless proof tested by the manufacturer or equivalent entity at twice their rated capacity prior to initial use. The employer shall retain a certificate of the proof test, and make it available for examination. 1910.184(f)(4)(ii)
(5) Removal from service. Wire rope slings shall be immediately removed from service if any of the following conditions are present: 1910.184(f)(5)
(i) Ten randomly distributed broken wires in one rope lay, or five broken wires in one strand in one rope lay. 1910.184(f)(5)(i)
(ii) Wear or scraping of one-third the original diameter of outside individual wires. 1910.184(f)(5)(ii)
(iii) Kinking, crushing, bird caging or any other damage resulting in distortion of the wire rope structure. 1910.184(f)(5)(iii)
(iv) Evidence of heat damage.1910.184(f)(5)(iv)
(v) End attachments that are cracked, deformed or worn. 1910.184(f)(5)(v)
(vi) Hooks that have been opened more than 15 percent of the normal throat opening measured at the narrowest point or twisted more than 10 degrees from the plane of the unbent hook. 1910.184(f)(5)(vi)
(vii) Corrosion of the rope or end attachments.1910.184(f)(5)(vii) (g) Metal mesh slings. 1910.184(g)
(1) Sling marking. Each metal mesh sling shall have permanently affixed to it a durable marking that states the rated capacity for vertical basket hitch and choker hitch loadings. 1910.184(g)(1)
(2) Handles. Handles shall have a rated capacity at least equal to the metal fabric and exhibit no deformation after proof testing. 1910.184(g)(2)
(3) Attachments of handles to fabric. The fabric and handles shall be joined so that: 1910.184(g)(3)
(i) The rated capacity of the sling is not reduced. 1910.184(g)(3)(i) (ii) The load is evenly distributed across the width of the fabric. 1910.184(g)(3)(ii)
(iii) Sharp edges will not damage the fabric.1910.184(g)(3)(iii)
(4) Sling coatings. Coatings which diminish the rated capacity of a sling shall not be applied. 1910.184(g)(4)
(5) Sling testing. All new and repaired metal mesh slings, including handles, shall not be used unless proof tested by the manufacturer or equivalent entity at a minimum of 11⁄2 times their rated capacity. Elastomer impregnated slings shall be proof tested before coating. 1910.184(g)(5)
(6) [Reserved] 1910.184(g)(6)
(ii) Slings shall be removed from service if hooks are cracked, have been opened more than 15 percent of the normal throat opening measured at the narrowest point or twisted more than 10 degrees from the plane of the unbent hook. 1910.184(e)(9)(ii)
(f) Wire-rope slings 1910.184(f)
(1) Sling use. Employers must use only wire-rope slings that have permanently affixed and legible identification markings as prescribed by the manufacturer, and that indicate the recommended safe working load for the type(s) of hitch(es) used, the angle upon which it is based, and the number of legs if more than one. 1910.184(f)(1)
(7) Safe operating temperatures. Metal mesh slings which are not impregnated with elastomers may be used in a temperature range from minus 20 °F to plus 550 °F without decreasing the working load limit. Metal mesh slings impregnated with polyvinyl chloride or neoprene may be used only in a temperature range from zero degrees to plus 200 °F. For operations outside these temperature ranges or for metal mesh slings impregnated with other materials, the sling manufacturer's recommendations shall be followed. 1910.184(g)(7)
(8) Repairs. 1910.184(g)(8)
(i) Metal mesh slings which are repaired shall not be used unless repaired by a metal mesh sling manufacturer or an equivalent entity. 1910.184(g)(8)(i)
(ii) Once repaired, each sling shall be permanently marked or tagged, or a written record maintained, to indicate the date
and nature of the repairs and the person or organization that performed the repairs. Records of repairs shall be made available for examination. 1910.184(g)(8)(ii)
(9) Removal from service. Metal mesh slings shall be immediately removed from service if any of the following conditions are present: 1910.184(g)(9)
(i) A broken weld or broken brazed joint along the sling edge. 1910.184(g)(9)(i)
(ii) Reduction in wire diameter of 25 per cent due to abrasion or 15 per cent due to corrosion. 1910.184(g)(9)(ii)
(iii) Lack of flexibility due to distortion of the fabric. 1910.184(g)(9)(iii)
(iv) Distortion of the female handle so that the depth of the slot is increased more than 10 per cent. 1910.184(g)(9)(iv)
(v) Distortion of either handle so that the width of the eye is decreased more than 10 per cent. 1910.184(g)(9)(v)
(vi) A 15 percent reduction of the original cross sectional area of metal at any point around the handle eye. 1910.184(g)(9)(vi)
(vii) Distortion of either handle out of its plane.1910.184(g)(9)(vii)
(h) Natural and synthetic fiber-rope slings 1910.184(h)
(1) Sling use. Employers must use natural and synthetic fiber-rope slings that have permanently affixed and legible identification markings stating the rated capacity for the type(s) of hitch(es) used and the angle upon which it is based, type of fiber material, and the number of legs if more than one. 1910.184(h)(1)
(2) Safe operating temperatures. Natural and synthetic fiber rope slings, except for wet frozen slings, may be used in a temperature range from minus 20 °F to plus 180 °F without decreasing the working load limit. For operations outside this temperature range and for wet frozen slings, the sling manufacturer's recommendations shall be followed. 1910.184(h)(2)
(3) Splicing. Spliced fiber rope slings shall not be used unless they have been spliced in accordance with the following minimum requirements and in accordance with any additional recommendations of the manufacturer: 1910.184(h)(3)
(i) In manila rope, eye splices shall consist of at least three full tucks, and short splices shall consist of at least six full tucks, three on each side of the splice center line. 1910.184(h)(3)(i)
(ii) In synthetic fiber rope, eye splices shall consist of at least four full tucks, and short splices shall consist of at least eight full tucks, four on each side of the center line. 1910.184(h)(3)(ii)
(iii) Strand end tails shall not be trimmed flush with the surface of the rope immediately adjacent to the full tucks. This applies to all types of fiber rope and both eye and short splices. For fiber rope under one inch in diameter, the tail shall project at least six rope diameters beyond the last full tuck. For fiber rope one inch in diameter and larger, the tail shall project at least six inches beyond the last full tuck. Where a projecting tail interferes with the use of the sling, the tail shall be tapered and spliced into the body of the rope using at least two additional tucks (which will require a tail length of approximately six rope diameters beyond the last full tuck). 1910.184(h)(3)(iii)
(iv) Fiber rope slings shall have a minimum clear length of rope between eye splices equal to 10 times the rope diameter.
1910.184(h)(3)(iv)
(v) Knots shall not be used in lieu of splices.1910.184(h)(3)(v)
(vi) Clamps not designed specifically for fiber ropes shall not be used for splicing. 1910.184(h)(3)(vi)
(vii) For all eye splices, the eye shall be of such size to provide an included angle of not greater than 60 degrees at the splice when the eye is placed over the load or support. 1910.184(h)(3)(vii)
(4) End attachments. Fiber rope slings shall not be used if end attachments in contact with the rope have sharp edges or projections. 1910.184(h)(4)
(5) Removal from service. Natural and synthetic fiber rope slings shall be immediately removed from service if any of the following conditions are present: 1910.184(h)(5)
(i) Abnormal wear.1910.184(h)(5)(i)
(ii) Powdered fiber between strands.1910.184(h)(5)(ii)
(iii) Broken or cut fibers.1910.184(h)(5)(iii)
(iv) Variations in the size or roundness of strands.1910.184(h)(5)(iv)
(v) Discoloration or rotting.1910.184(h)(5)(v)
(vi) Distortion of hardware in the sling.1910.184(h)(5)(vi)
(6) Repairs. Only fiber rope slings made from new rope shall be used. Use of repaired or reconditioned fiber rope slings is prohibited. 1910.184(h)(6)
(i) Synthetic web slings. 1910.184(i)
(1) Sling identification. Each sling shall be marked or coded to show the rated capacities for each type of hitch and type of synthetic web material. 1910.184(i)(1)
(2) Webbing. Synthetic webbing shall be of uniform thickness and width and selvage edges shall not be split from the webbing's width. 1910.184(i)(2)
(3) Fittings. Fittings shall be: 1910.184(i)(3)
(i) Of a minimum breaking strength equal to that of the sling; and 1910.184(i)(3)(i)
(ii) Free of all sharp edges that could in any way damage the webbing. 1910.184(i)(3)(ii)
(4) Attachment of end fittings to webbing and formation of eyes. Stitching shall be the only method used to attach end fittings to webbing and to form eyes. The thread shall be in an even pattern and contain a sufficient number of stitches to develop the full breaking strength of the sling. 1910.184(i)(4)
(5) [Reserved] 1910.184(i)(5)
(6) Environmental conditions. When synthetic web slings are used, the following precautions shall be taken: 1910.184(i)(6)
(i) Nylon web slings shall not be used where fumes, vapors, sprays, mists or liquids of acids or phenolics are present. 1910.184(i)(6)(i)
(ii) Polyester and polypropylene web slings shall not be used where fumes, vapors, sprays, mists or liquids of caustics are present. 1910.184(i)(6)(ii)
(iii) Web slings with aluminum fittings shall not be used where fumes, vapors, sprays, mists or liquids of caustics are present. 1910.184(i)(6)(iii)
FIGURE N-184-6 Basic Synthetic Web Sling Constructions
MeasuredPulltoPullWhenFlat Length
Triangle-Choker (TypeI)
MeasuredPulltoPullWhenFlat Length
Triangle-Triangle (TypeII)
Length
Lap Eye
EyeandEyeWithFlatEyes (TypeIII)
Length
EyePerpendicular ToSlingBody
EyeandEyeWithTwistedEyes (TypeIV)
Length
EndlessType (TypeV)
Length
ReturnEye (TypeVI)
(7) Safe operating temperatures. Synthetic web slings of polyester and nylon shall not be used at temperatures in excess of 180 °F. Polypropylene web slings shall not be used at temperatures in excess of 200 °F. 1910.184(i)(7)
(8) Repairs. 1910.184(i)(8)
(i) Synthetic web slings which are repaired shall not be used unless repaired by a sling manufacturer or an equivalent entity. 1910.184(i)(8)(i)
(ii) Each repaired sling shall be proof tested by the manufacturer or equivalent entity to twice the rated capacity prior to its return to service. The employer shall retain a certificate of the proof test and make it available for examination. 1910.184(i)(8)(ii)
§1910.211
General Industry Regulations and Standards
(iii) Slings, including webbing and fittings, which have been repaired in a temporary manner shall not be used. 1910.184(i)(8)(iii)
(9) Removal from service. Synthetic web slings shall be immediately removed from service if any of the following conditions are present: 1910.184(i)(9)
(i) Acid or caustic burns;1910.184(i)(9)(i)
(ii) Melting or charring of any part of the sling surface; 1910.184(i)(9)(ii)
(iii) Snags, punctures, tears or cuts; 1910.184(i)(9)(iii)
(iv) Broken or worn stitches; or1910.184(i)(9)(iv)
(v) Distortion of fittings.1910.184(i)(9)(v)
Subpart O – Machinery and Machine Guarding
§1910.211 Definitions
(a) As used in §§1910.213 and 1910.214 unless the context clearly requires otherwise, the following woodworking machinery terms shall have the meaning prescribed in this paragraph.1910.211(a)
(1) Point of operations means that point at which cutting, shaping, boring, or forming is accomplished upon the stock.
(2) Push stick
(3) Block
(d) As used in §1910.217, unless the context clearly requires otherwise, the following power press terms shall have the meaning prescribed in this paragraph.1910.211(d)
(1) Antirepeat
(2) Brake means the mechanism used on a mechanical power press to stop and/or hold the crankshaft, either directly or through a gear train, when the clutch is disengaged.
(3) Bolster plate
(4) Clutch
(5) Full revolution clutch
(6) Part revolution clutch
(7) Direct drive
(8) Concurrent
(9) Continuous (10) Counterbalance
(11) Device
(i)-(iv)
(12) Presence sensing device means a device designed, constructed and arranged to create a sensing field or area that signals the clutch/brake control to deactivate the clutch and activate the brake of the press when any part of the operator's body or a hand tool is within such field or area.
(13) Gate or movable barrier device
(14) Holdout or restraint device
(15) Pull-out device
(16) Sweep device
(17) Two hand control device
(18) Die (19) Die builder (20) Die set (21) Die setter (22) Die setting (23) Die shoe
(24) Ejector (25) Face of slide
(26) Feeding means the process of placing or removing material within or from the point of operation.
(27) Automatic feeding
(28) Semiautomatic feeding
(29) Manual feeding
(30) Foot control
(31) Foot pedal
(32) Guard means a barrier that prevents entry of the operator's hands or fingers into the point of operation.
(33) Die enclosure guard
(34) Fixed barrier guard
(35) Interlocked press barrier guard
(36) Adjustable barrier guard
(37) Guide post
(38) Hand feeding tool
(39) Inch
(40) Jog
(41) Knockout
(42) Liftout
(43) Operator's station
(44) Pinch point means any point other than the point of operation at which it is possible for a part of the body to be caught between the moving parts of a press or auxiliary equipment, or between moving and stationary parts of a press or auxiliary equipment or between the material and moving part or parts of the press or auxiliary equipment.
(45) Point of operation means the area of the press where material is actually positioned and work is being performed during any process such as shearing, punching, forming, or assembling.
(46) Press means a mechanically powered machine that shears, punches, forms or assembles metal or other material by means of cutting, shaping, or combination dies attached to slides. A press consists of a stationary bed or anvil, and a slide (or slides) having a controlled reciprocating motion toward and away from the bed surface, the slide being guided in a definite path by the frame of the press.
(47) Repeat
(48) Safety block
(49) Single stroke
(50) Single stroke mechanism
(51) Slide
(52) Stop control means an operator control designed to immediately deactivate the clutch control and activate the brake to stop slide motion.
(53) Stripper
(54) Stroking selector
(55) Trip or (tripping)
(56) Turnover bar
(57) Two-hand trip
(58) Unitized tooling
(59) Control system
(60) Brake monitor
(61) Presence sensing device initiation
(62) Safety system means the integrated total system, including the pertinent elements of the press, the controls, the safeguarding and any required supplemental safeguarding, and their interfaces with the operator, and the environment, designed, constructed and arranged to operate together as a unit, such that a single failure or single operating error will not cause injury to personnel due to point of operation hazards.
(63) Authorized person means one to whom the authority and responsibility to perform a specific assignment has been given by the employer.
(64) Certification or certify (65) Validation or validate (i)-(ii)
(66) Certification/validation and certify/validate
§1910.212 General requirements for all machines
(a) Machine guarding. 1910.212(a)
(1) Types of guarding. One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are — barrier guards, two-hand tripping devices, electronic safety devices, etc. 1910.212(a)(1)
(2) General requirements for machine guards. Guards shall be affixed to the machine where possible and secured elsewhere if for any reason attachment to the machine is not possible. The guard shall be such that it does not offer an accident hazard in itself. 1910.212(a)(2)
(3) Point of operation guarding. 1910.212(a)(3)
(i) Point of operation is the area on a machine where work is actually performed upon the material being processed. 1910.212(a)(3)(i)
(ii) The point of operation of machines whose operation exposes an employee to injury, shall be guarded. The guarding device shall be in conformity with any appropriate
standards therefor, or, in the absence of applicable specific standards, shall be so designed and constructed as to prevent the operator from having any part of his body in the danger zone during the operating cycle. 1910.212(a)(3)(ii)
(iii) Special handtools for placing and removing material shall be such as to permit easy handling of material without the operator placing a hand in the danger zone. Such tools shall not be in lieu of other guarding required by this section, but can only be used to supplement protection provided. 1910.212(a)(3)(iii)
(iv) The following are some of the machines which usually require point of operation guarding: 1910.212(a)(3)(iv)
[a] Guillotine cutters. 1910.212(a)(3)(iv)[a]
[b] Shears. 1910.212(a)(3)(iv)[b]
[c] Alligator shears. 1910.212(a)(3)(iv)[c]
[d] Power presses. 1910.212(a)(3)(iv)[d]
[e] Milling machines. 1910.212(a)(3)(iv)[e]
[f] Power saws. 1910.212(a)(3)(iv)[f]
[g] Jointers. 1910.212(a)(3)(iv)[g]
[h] Portable power tools. 1910.212(a)(3)(iv)[h]
[i] Forming rolls and calenders. 1910.212(a)(3)(iv)[i]
(4) Barrels, containers, and drums. 1910.212(a)(4)
(5) Exposure of blades. When the periphery of the blades of a fan is less than seven (7) feet above the floor or working level, the blades shall be guarded. The guard shall have openings no larger than one-half (1⁄2) inch. 1910.212(a)(5)
(b) Anchoring fixed machinery. Machines designed for a fixed location shall be securely anchored to prevent walking or moving.1910.212(b)
§1910.213
Woodworking machinery requirements
(a) Machine construction general. (1)-(15) 1910.213(a)
(b) Machine controls and equipment. 1910.213(b)
(1) A mechanical or electrical power control shall be provided on each machine to make it possible for the operator to cut off the power from each machine without leaving his position at the point of operation. 1910.213(b)(1)
(2) On machines driven by belts 1910.213(b)(2)
(3) On applications where injury to the operator might result if motors were to restart after power failures, provision shall be made to prevent machines from automatically restarting upon restoration of power. 1910.213(b)(3)
(4) Power controls and operating controls should be located within easy reach of the operator while he is at his regular work location, making it unnecessary for him to reach over the cutter to make adjustments. This does not apply to constant pressure controls used only for setup purposes. 1910.213(b)(4)
(5) On each machine operated by electric motors, 1910.213(b)(5)
(j) Jointers. (1)-(5) 1910.213(j) (k) Tenoning machines. (1)-(4) 1910.213(k) (l) Boring and mortising machines. (1)-(6) 1910.213(l) (m) Wood shapers and similar equipment. (1)-(3) 1910.213(m)
(n) Planing, molding, sticking, and matching machines. (1)-(4) 1910.213(n)
(o) Profile and swing-head lathes and wood heel turning machine. (1)-(5) 1910.213(o) (p) Sanding machines. (1)-(4) 1910.213(p) (q) Veneer cutters and wringers. (1)-(7) 1910.213(q) (r) Miscellaneous woodworking machines. (1)-(4) 1910.213(r) (s) Inspection and maintenance of woodworking machinery. (1)(14) 1910.213(s)
§1910.215
Abrasive wheel machinery
(a) General requirements — 1910.215(a) (1) Machine guarding. Abrasive wheels shall be used only on machines provided with safety guards as defined in the following paragraphs of this section, except: 1910.215(a)(1)
(i) Wheels used for internal work while within the work being ground;1910.215(a)(1)(i)
(ii) Mounted wheels, used in portable operations, 2 inches and smaller in diameter; and 1910.215(a)(1)(ii)
(iii) Types 16, 17, 18, 18R, and 19 cones, plugs, and threaded hole pot balls where the work offers protection.1910.215(a)(1)(iii)
(2) Guard design. (i)-(ii) 1910.215(a)(2)
(3) Flanges. 1910.215(a)(3)
(4) Work rests. On offhand grinding machines, work rests shall be used to support the work. They shall be of rigid construction and designed to be adjustable to compensate for wheel wear. Work rests shall be kept adjusted closely to the wheel with a maximum opening of one-eighth inch to prevent the work from being jammed between the wheel and the rest, which may cause wheel breakage. The work rest shall be securely clamped after each adjustment. The adjustment shall not be made with the wheel in motion. 1910.215(a)(4)
(5) Excluded machinery. Natural sandstone wheels and metal, wooden, cloth, or paper discs, having a layer of abrasive on the surface are not covered by this section. 1910.215(a)(5)
(b) Guarding of abrasive wheel machinery — 1910.215(b)
(1) Cup wheels. Cup wheels (Types 6 and 11) shall be protected by: (i)-(iii) 1910.215(b)(1)
(2) Guard exposure angles. 1910.215(b)(2)
(3) Bench and floor stands. 1910.215(b)(3)
(4) Cylindrical grinders. 1910.215(b)(4)
(5) Surface grinders and cutting-off machines. 1910.215(b)(5)
(6) Swing frame grinders. 1910.215(b)(6)
(7) Automatic snagging machines. 1910.215(b)(7)
(8) Top grinding. 1910.215(b)(8)
(9) Exposure adjustment. Safety guards of the types described in subparagraphs (3) and (4) of this paragraph, where the operator stands in front of the opening, shall be constructed so that the peripheral protecting member can be adjusted to the constantly decreasing diameter of the wheel. The maximum angular exposure above the horizontal plane of the wheel spindle as specified in paragraphs (b)(3) and (4) of this section shall never be exceeded, and the distance between the wheel periphery and the adjustable tongue or the end of the peripheral member at the top shall never exceed one-fourth inch. (See Figures O-18, O-19, O-20, O-21, O-22, and O23.) 1910.215(b)(9)
(10) Material requirements and minimum dimensions. (i)-(vi) 1910.215(b)(10)
(11) Band type guards — (i)-(iii) 1910.215(b)(11)
(12) Guard design specifications. 1910.215(b)(12)
(c) Flanges — (1)-(9) 1910.215(c)
(d) Mounting — 1910.215(d)
(1) Inspection. Immediately before mounting, all wheels shall be closely inspected and sounded by the user (ring test) to make sure they have not been damaged in transit, storage, or otherwise. The spindle speed of the machine shall be checked before mounting of the wheel to be certain that it does not exceed the maximum operating speed marked on the wheel. Wheels should be tapped gently with a light nonmetallic implement, such as the handle of a screwdriver for light wheels, or a wooden mallet for heavier wheels. If they sound cracked (dead), they shall not be used. This is known as the "Ring Test". (i)-(ii) 1910.215(d)(1)
(2) Arbor size. 1910.215(d)(2)
(3) Surface condition. 1910.215(d)(3)
(4) Bushing. 1910.215(d)(4)
(5) Blotters. (i)-(ix) 1910.215(d)(5)
(6) Multiple wheel mounting. 1910.215(d)(6)
§1910.217 Mechanical power presses
(a) General requirements. (1)-(5) 1910.217(a)
(b) Mechanical power press guarding and construction, general — (1)-(14) 1910.217(b)
(c) Safeguarding the point of operation — 1910.217(c)
(1) General requirements. 1910.217(c)(1)
(i) It shall be the responsibility of the employer to provide and insure the usage of "point of operation guards" or properly applied and adjusted point of operation devices on every operation performed on a mechanical power press. See Table O-10. 1910.217(c)(1)(i)
(ii) The requirement of paragraph (c)(1)(i) of this section shall not apply when the point of operation opening is one-fourth inch or less. See Table O-10. 1910.217(c)(1)(ii)
§1910.217
(2) Point of operation guards. 1910.217(c)(2)
(i) Every point of operation guard shall meet the following design, construction, application, and adjustment requirements: 1910.217(c)(2)(i)
[a] It shall prevent entry of hands or fingers into the point of operation by reaching through, over, under or around the guard; 1910.217(c)(2)(i)[a]
[b] It shall conform 1910.217(c)(2)(i)[b]
[c] It shall, in itself, create no pinch point between the guard and moving machine parts; 1910.217(c)(2)(i)[c]
[d] It shall utilize fasteners not readily removable by operator, so as to minimize the possibility of misuse or removal of essential parts; 1910.217(c)(2)(i)[d]
[e] It shall facilitate its inspection, and 1910.217(c)(2)(i)[e]
[f] It shall offer maximum visibility of the point of operation consistent with the other requirements. 1910.217(c)(2)(i)[f]
(ii) A die enclosure guard 1910.217(c)(2)(ii)
(iii) A fixed barrier guard 1910.217(c)(2)(iii)
(iv) An interlocked press barrier guard 1910.217(c)(2)(iv)
(v) The hinged or movable sections 1910.217(c)(2)(v)
(vi) The adjustable barrier guard 1910.217(c)(2)(vi)
(vii) A point of operation enclosure 1910.217(c)(2)(vii)
(3) Point of operation devices. 1910.217(c)(3)
(i) Point of operation devices shall protect the operator by: [a]-[g] 1910.217(c)(3)(i)
(ii) A gate or movable barrier device [a]-[b] 1910.217(c)(3)(ii)
(iii) A presence sensing point of operation device shall protect the operator as provided in paragraph (c)(3)(i)(a) of this section, and shall be interlocked into the control circuit to prevent or stop slide motion if the operator's hand or other part of his body is within the sensing field of the device during the downstroke of the press slide. 1910.217(c)(3)(iii)
[a] The device may not be used on machines 1910.217(c)(3)(iii)[a]
[b] The device may not be used as a tripping 1910.217(c)(3)(iii)[b]
[c] The device shall be constructed so that a failure 1910.217(c)(3)(iii)[c]
[d] Muting (bypassing of the protective function) 1910.217(c)(3)(iii)[d]
[e] The safety distance (Ds) from the sensing field to the point of operation shall be greater than the distance determined by the following formula: 1910.217(c)(3)(iii)[e]
Ds = 63 inches/second × Ts where:
Ds = minimum safety distance (inches); 63 inches/ second = hand speed constant; and Ts = stopping time of the press measured at approximately 90° position of crankshaft rotation (seconds).
[f] Guards shall be used 1910.217(c)(3)(iii)[f]
(iv) The pull-out device shall protect the operator as specified in paragraph (c)(3)(i)(b) of this section, and shall include attachments for each of the operator's hands. [a]-[d] 1910.217(c)(3)(iv)
(v) The sweep device may not be used for point of operation safeguarding. 1910.217(c)(3)(v)
(vi) A holdout or a restraint device 1910.217(c)(3)(vi)
(vii) The two hand control device [a]-[d] 1910.217(c)(3)(vii) (viii) The two hand trip [a]-[d] 1910.217(c)(3)(viii)
(4) Hand feeding tools. Hand feeding tools are intended for placing and removing materials in and from the press. Hand feeding tools are not a point of operation guard or protection device and shall not be used in lieu of the "guards" or devices required in this section. 1910.217(c)(4)
(5) Additional requirements for safe-guarding. (i)-(iii) 1910.217(c)(5)
(d) Design, construction, setting and feeding of dies — 1910.217(d)
(1) General requirements. The employer shall: (i) 1910.217(d)(1)
(2) [Reserved] 1910.217(d)(2)
(3) Scrap handling. 1910.217(d)(3) (4) Guide post hazard. 1910.217(d)(4)
(5) Unitized tooling. 1910.217(d)(5)
(6) Tonnage, stroke, and weight designation. All dies shall be: 1910.217(d)(6)
(i) Stamped with the tonnage and stroke requirements, or have these characteristics recorded if these records are readily available to the die setter; 1910.217(d)(6)(i)
(ii) Stamped to indicate upper die weight when necessary for air counterbalance pressure adjustment; and 1910.217(d)(6)(ii)
(iii) Stamped to indicate complete die weight when handling equipment may become overloaded. 1910.217(d)(6)(iii)
(7) Die fastening. 1910.217(d)(7)
(8) Die handling. 1910.217(d)(8)
(9) Diesetting. (i)-(v) 1910.217(d)(9)
(e) Inspection, maintenance, and modification of presses — 1910.217(e)
(1) Inspection and maintenance records. The employer shall establish and follow an inspection program having a general component and a directed component. (i)-(iii) 1910.217(e)(1)
(2) Modification. It shall be the responsibility of any person modifying a power press to furnish instructions with the modification to establish new or changed guidelines for use and care of the power press so modified. 1910.217(e)(2)
(3) Training of maintenance personnel. It shall be the responsibility of the employer to insure the original and continuing competence of personnel caring for, inspecting, and maintaining power presses. 1910.217(e)(3)
(f) Operation of power presses — 1910.217(f)
(1) [Reserved] 1910.217(f)(1)
(2) Instruction to operators. The employer shall train and instruct the operator in the safe method of work before starting work on any operation covered by this section. The employer shall insure by adequate supervision that correct operating procedures are being followed. 1910.217(f)(2)
(3) Work area. 1910.217(f)(3)
(4) Overloading. The employer shall operate his presses within the tonnage and attachment weight ratings specified by the manufacturer. 1910.217(f)(4)
Explanation of above diagram:
This diagram shows the accepted safe openings between the bottom edge of a guard and feed table at various distances from the danger line (point of operation).
The clearance line marks the distance required to prevent contact between guard and moving parts.
The minimum guarding line is the distance between the infeed side of the guard and the danger line which is one-half inch from the danger line.
The various openings are such that for average size hands an operator's fingers won't reach the point of operation.
After installation of point of operation guards and before a job is released for operation a check should be made to verify that the guard will prevent the operator's hands from reaching the point of operation.
Table O–10 Distance of opening from
Maximum
This table shows the distances that guards shall be positioned from the danger line in accordance with the required openings.
(g) Reports of injuries to employees operating mechanical power presses. 1910.217(g)
(1) The employer shall report, within 30 days of the occurrence, all point-of-operation injuries to operators or other employees to either the Director of the Directorate of Standards and Guidance at OSHA, U.S. Department of Labor, Washington, DC 20210 or electronically at http://www.osha.gov/pls/oshaweb/mechanical.html; or to the State Agency administering a plan approved by the Assistant Secretary of Labor for Occupational Safety and Health. 1910.217(g)(1)
(2) The report shall include the following information: 1910.217(g)(2)
(i) Employer's name, address and location of the workplace (establishment). 1910.217(g)(2)(i)
(ii) Employee's name, injury sustained, and the task being performed (operation, set-up, maintenance, or other).
1910.217(g)(2)(ii)
(iii) Type of clutch used 1910.217(g)(2)(iii)
(iv) Type of safeguard(s) being used 1910.217(g)(2)(iv)
(v) Cause of the accident (repeat of press, safeguard failure, removing stuck part or scrap, no safeguard provided, no safeguard in use, or other). 1910.217(g)(2)(v)
(vi) Type of feeding 1910.217(g)(2)(vi)
(vii) Means used to actuate 1910.217(g)(2)(vii)
(viii) Number of operators required 1910.217(g)(2)(viii)
(2) Brake and clutch requirements. (i)-(iii) 1910.217(h)(2)
(3) Pneumatic systems. (i)-(ii) 1910.217(h)(3)
(4) Flywheels and bearings. 1910.217(h)(4)
(5) Brake monitoring. (i)-(iii) 1910.217(h)(5)
(6) Cycle control and control systems. (i)-(xvii) 1910.217(h)(6)
(7) Environmental requirements. 1910.217(h)(7)
(8) Safety system. (i)-(ii) 1910.217(h)(8)
(9) Safeguarding the point of operation. (i)-(x) 1910.217(h)(9)
(10) Inspection and maintenance. (i)-(vi) 1910.217(h)(10)
(11) Safety system certification/validation. (i)-(vi) 1910.217(h)(11)
(12) Die setting and work set-up. (i)-(iii) 1910.217(h)(12)
(13) Operator training. 1910.217(h)(13)
(i) The operator training required by paragraph (f)(2) of this section shall be provided to the employee before the employee initially operates the press and as needed to maintain competence, but not less than annually thereafter. It shall include instruction relative to the following items for presses used in the PSDI mode. 1910.217(h)(13)(i)
[A] The manufacturer's recommended test procedures for checking operation of the presence sensing device. This shall include the use of the test rod required by paragraph (h)(10)(i) of this section. 1910.217(h)(13)(i)[A]
[B] The safety distance required. 1910.217(h)(13)(i)[B]
[C] The operation, function and performance of the PSDI mode. 1910.217(h)(13)(i)[C]
[D] The requirements for hand tools that may be used in the PSDI mode. 1910.217(h)(13)(i)[D]
[E] The severe consequences that can result if he or she attempts to circumvent or by-pass any of the safeguard or operating functions of the PSDI system. 1910.217(h)(13)(i)[E]
(ii) The employer shall certify 1910.217(h)(13)(ii)
§1910.219 Mechanical power-transmission apparatus
(a) General requirements. (1)-(4) 1910.219(a)
(b) Prime-mover guards. (1)-(3) 1910.219(b)
(c) Shafting. (1)-(5) 1910.219(c)
(d) Pulleys. (1)-(4) 1910.219(d)
(e) Belt, rope, and chain drives. (1)-(6) 1910.219(e)
(f) Gears, sprockets, and chains. (1)-(4) 1910.219(f)
(g) Guarding friction drives. 1910.219(g)
(h) Keys, setscrews, and other projections. (1)-(2) 1910.219(h)
(i) Collars and couplings. (1)-(2) 1910.219(i)
(j) Bearings and facilities for oiling. 1910.219(j)
(k) Guarding of clutches, cutoff couplings, and clutch pulleys. (1)-(2) 1910.219(k)
(l) Belt shifters, clutches, shippers, poles, perches, and fasteners. (1)-(4) 1910.219(l)
(m) Standard guards — general requirements. 1910.219(m)
(1) Materials. 1910.219(m)(1)
(i) Standard conditions shall be secured by the use of the following materials. Expanded metal, perforated or solid sheet metal, wire mesh on a frame of angle iron, or iron pipe securely fastened to floor or to frame of machine.
1910.219(m)(1)(i)
(ii) All metal should be free from burrs and sharp edges. 1910.219(m)(1)(ii)
(2) Methods of manufacture. 1910.219(m)(2)
(i) Expanded metal, sheet or perforated metal, and wire mesh shall be securely fastened to frame. 1910.219(m)(2)(i)
(ii) [Reserved]1910.219(m)(2)(ii)
Letter of Interpretation (LOI) Stop: Acceptable alternative to metal guards in mechanical power-transmission apparatus Guards constructed of any substantial material may be an acceptable alternative to the metal construction required by 29 CFR 1910.219(m) OSHA will continue to regard the use of suitable materials other than metal as a de minimis violation but will not be cited.
(n) [Reserved] 1910.219(n)
(o) Approved materials. (1)-(5) 1910.219(o)
(p) Care of equipment. (1)-(7) 1910.219(p)
Subpart P – Hand and Portable Powered Tools and Other Hand-Held Equipment
§1910.242 Hand and portable powered tools and equipment, general
(a) General requirements. Each employer shall be responsible for the safe condition of tools and equipment used by employees, including tools and equipment which may be furnished by employees. 1910.242(a)
(b) Compressed air used for cleaning. Compressed air shall not be used for cleaning purposes except where reduced to less than 30 p.s.i. and then only with effective chip guarding and personal protective equipment.1910.242(b)
Letter of Interpretation (LOI) Stop: Using compressed air for cleaning an employee's body and clothing Employers should not allow employees to use compressed air for cleaning themselves or their clothing in general industry situations. The eyes and other body parts, such as the respiratory system, may be damaged as the result of inadequate personal protective equipment, lack of chip guards, and/or uncontrolled release of compressed air.
§1910.243 Guarding of portable powered tools
(a) Portable powered tool — 1910.243(a)
(1) Portable circular saws. 1910.243(a)(1)
(i) All portable, power-driven circular saws having a blade diameter greater than 2 in. shall be equipped with guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to covering position. 1910.243(a)(1)(i)
(ii) Paragraph (a)(1)(i) of this section does not apply to circular saws used in the meat industry for meat cutting purposes. 1910.243(a)(1)(ii)
(2) Switches and controls. 1910.243(a)(2)
(i) All hand-held powered circular saws having a blade diameter greater than 2 inches, electric, hydraulic or pneumatic chain saws, and percussion tools without positive accessory holding means shall be equipped with a constant pressure switch or control that will shut off the power when the pressure is released. All hand-held gasoline powered chain saws shall be equipped with a constant pressure throttle control that will shut off the power to the saw chain when the pressure is released. 1910.243(a)(2)(i)
(ii) All hand-held powered drills, tappers, fastener drivers, horizontal, vertical, and angle grinders with wheels greater than 2 inches in diameter, disc sanders with discs greater than 2 inches in diameter, belt sanders, reciprocating saws, saber, scroll, and jig saws with blade shanks greater than a nominal one-fourth inch, and other similarly operating powered tools shall be equipped with a constant pressure switch or control, and may have a lock-on control provided that turnoff can be accomplished by a single motion of the same finger or fingers that turn it on. 1910.243(a)(2)(ii)
(iii) [a]-[d]
(iv) The operating control on hand-held power tools shall be so located as to minimize the possibility of its accidental operation, if such accidental operation would constitute a hazard to employees. 1910.243(a)(2)(iv)
(v) This subparagraph does not apply 1910.243(a)(2)(v)
(3) Portable belt sanding machines. Belt sanding machines shall be provided with guards at each nip point where the sanding belt runs onto a pulley. These guards shall effectively prevent the hands or fingers of the operator from coming in contact with the nip points. The unused run of the sanding belt shall be guarded against accidental contact. 1910.243(a)(3)
(4) Cracked saws. All cracked saws shall be removed from service. 1910.243(a)(4)
(5) Grounding. Portable electric powered tools shall meet the electrical requirements of subpart S of this part. 1910.243(a)(5)
(b) Pneumatic powered tools and hose — (1)-(2) 1910.243(b)
(c) Portable abrasive wheels — 1910.243(c)
(1) General requirements. Abrasive wheels shall be used only on machine provided with safety guards as defined in paragraph (c)(1) through (4) of this section. 1910.243(c)(1)
(i) Exceptions. The requirements of this paragraph (c)(1) shall not apply to the following classes of wheels and conditions. 1910.243(c)(1)(i)
[a] Wheels used for internal work while within the work being ground; 1910.243(c)(1)(i)[a]
[b] Mounted wheels used in portable operations 2 inches and smaller in diameter; (see definition §1910.241(b)(1)); and 1910.243(c)(1)(i)[b]
[c] Types 16, 17, 18, 18R, and 19 cones, and plugs, and threaded hole pot balls where the work offers protection. 1910.243(c)(1)(i)[c]
(ii) [a] A safety guard shall cover the spindle end, nut and flange projections. The safety guard shall be mounted so as to maintain proper alignment with the wheel, and the strength of the fastenings shall exceed the strength of the guard. 1910.243(c)(1)(ii)[a]
[b] Exception. 1910.243(c)(1)(ii)[b]
[c] Exception. 1910.243(c)(1)(ii)[c]
(2) Cup wheels. (i)-(iii) 1910.243(c)(2)
(3) Vertical portable grinders. 1910.243(c)(3)
(4) Other portable grinders. 1910.243(c)(4)
(5) Mounting and inspection of abrasive wheels. 1910.243(c)(5)
(i) Immediately before mounting, all wheels shall be closely inspected and sounded by the user (ring test, see subpart O, §1910.215(d)(1)) to make sure they have not been damaged in transit, storage, or otherwise. The spindle speed of the machine shall be checked before mounting of the wheel to be certain that it does not exceed the maximum operating speed marked on the wheel. 1910.243(c)(5)(i)
(ii) Grinding wheels shall fit freely 1910.243(c)(5)(ii)
(iii) All contact surfaces of wheels, 1910.243(c)(5)(iii)
(iv) When a bushing is used in the wheel 1910.243(c)(5)(iv)
(v) Requirements for the use of flanges 1910.243(c)(5)(v)
(6) Excluded machinery. Natural sandstone wheels and metal, wooden, cloth, or paper discs, having a layer of abrasive on the surface are not covered by this paragraph. 1910.243(c)(6)
(2) Inspection, maintenance, and tool handling (i)-(iii) 1910.243(d)(2)
(3) Requirements for loads and fasteners. (i)-(iv) 1910.243(d)(3)
(4) Operating requirements. 1910.243(d)(4) (i) Before using a tool, the operator shall inspect it to determine to his satisfaction that it is clean, that all moving parts operate freely, and that the barrel is free from obstructions. 1910.243(d)(4)(i)
(ii) When a tool develops a defect during use, 1910.243(d)(4)(ii)
(iii) Tools shall not be loaded until 1910.243(d)(4)(iii)
(iv) No tools shall be loaded unless 1910.243(d)(4)(iv)
(v) In case of a misfire, 1910.243(d)(4)(v)
(vi) A tool shall never be left 1910.243(d)(4)(vi)
(vii) Fasteners shall not be driven 1910.243(d)(4)(vii) (viii) Driving into materials easily penetrated 1910.243(d)(4)(viii)
(ix) [a]-[b]
[a] Fasteners shall not be driven directly 1910.243(d)(4)(ix)[a]
[b] When fastening other materials, 1910.243(d)(4)(ix)[b]
(x) Fasteners shall not be driven through 1910.243(d)(4)(x)
(xi) No fastener shall be driven into a spalled 1910.243(d)(4)(xi)
(xii) Tools shall not be used in an explosive 1910.243(d)(4)(xii)
(xiii) All tools shall be used with the correct 1910.243(d)(4)(xiii)
(xiv) Any tool found not in proper working order 1910.243(d)(4)(xiv)
(e) Power lawnmowers — 1910.243(e)
(1) General requirements. 1910.243(e)(1)
(i) Power lawnmowers of the walk-behind, riding-rotary, and reel power lawnmowers shall be guarded in accordance with the machine guarding requirements in 29 CFR 1910.212, General requirements for all machines. 1910.243(e)(1)(i)
(ii) All power-driven chains, 1910.243(e)(1)(ii)
(iii) A shutoff device shall be provided to stop operation of the motor or engine. This device shall require manual and intentional reactivation to restart the motor or engine.
1910.243(e)(1)(iii)
(iv) All positions of the operating controls shall be clearly identified. 1910.243(e)(1)(iv)
(v) The words, "Caution. Be sure the operating control(s) is in neutral before starting the engine," or similar wording shall be clearly visible at an engine starting control point on selfpropelled mowers. 1910.243(e)(1)(v)
(2) Walk-behind and riding rotary mowers. 1910.243(e)(2)
(i) The mower blade shall be enclosed 1910.243(e)(2)(i)
(ii) Guards which must be removed to install a catcher assembly shall comply with the following: 1910.243(e)(2)(ii)
[a] Warning instructions shall be affixed to the mower near the opening stating that the mower shall not be used without either the catcher assembly or the guard in place. 1910.243(e)(2)(ii)[a]
[b] The catcher assembly or the guard shall be shipped and sold as part of the mower. 1910.243(e)(2)(ii)[b]
[c] The instruction manual shall state that the mower shall not be used without either the catcher assembly or the guard in place. 1910.243(e)(2)(ii)[c]
[d] The catcher assembly, 1910.243(e)(2)(ii)[d]
(iii) Openings in the blade enclosure, 1910.243(e)(2)(iii)
(iv) The total effective opening 1910.243(e)(2)(iv)
(v) The word "Caution." or stronger wording, shall be placed on the mower at or near each discharge opening. 1910.243(e)(2)(v)
(vi) [Reserved] 1910.243(e)(2)(vi)
(vii) Blade(s) shall stop rotating 1910.243(e)(2)(vii) (viii) In a multipiece blade, 1910.243(e)(2)(viii) (ix) The maximum tip speed 1910.243(e)(2)(ix)
(i) The operator shall make sure 1910.244(a)(1)(i)
(ii) The rated load shall be legibly and permanently marked in a prominent location on the jack by casting, stamping, or other suitable means. 1910.244(a)(1)(ii)
(2) Operation and maintenance. 1910.244(a)(2)
(i) In the absence of a firm foundation, the base of the jack shall be blocked. If there is a possibility of slippage of the cap, a block shall be placed in between the cap and the load. 1910.244(a)(2)(i)
(ii) The operator shall watch the stop indicator, which shall be kept clean, in order to determine the limit of travel. The indicated limit shall not be overrun. 1910.244(a)(2)(ii)
(iii) After the load has been raised, it shall be cribbed, blocked, or otherwise secured at once. 1910.244(a)(2)(iii)
(iv) Hydraulic jacks exposed to freezing temperatures shall be supplied with an adequate antifreeze liquid. 1910.244(a)(2)(iv)
(v) All jacks shall be properly lubricated at regular intervals. 1910.244(a)(2)(v)
(vi) Each jack shall be thoroughly inspected [a]-[c] 1910.244(a)(2)(vi)
(vii) Repair or replacement parts 1910.244(a)(2)(vii)
(viii) Jacks which are out of order shall be tagged accordingly, and shall not be used until repairs are made. 1910.244(a)(2)(viii)
(b) Abrasive blast cleaning nozzles. The blast cleaning nozzles shall be equipped with an operating valve which must be held open manually. A support shall be provided on which the nozzle may be mounted when it is not in use.1910.244(b)
Subpart Q – Welding, Cutting and Brazing
§1910.251 Definitions
As used in this subpart:
(a) Welder and welding operator mean any operator of electric or gas welding and cutting equipment.
(b) Approved
§1910.252 General requirements
(a) Fire prevention and protection. 1910.252(a)
(1) Basic precautions. For elaboration of these basic precautions and of the special precautions of paragraph (a)(2) of this section as well as a delineation of the fire protection and prevention responsibilities of welders and cutters, their supervisors (including outside contractors) and those in management on whose property cutting and welding is to be performed, see Standard for Fire Prevention in Use of Cutting and Welding Processes, NFPA Standard 51B, 1962, which is incorporated by reference as specified in §1910.6. The basic precautions for fire prevention in welding or cutting work are: 1910.252(a)(1)
(i) Fire hazards. If the object to be welded or cut cannot readily be moved, all movable fire hazards in the vicinity shall be taken to a safe place. 1910.252(a)(1)(i)
(ii) Guards. If the object to be welded or cut cannot be moved and if all the fire hazards cannot be removed, then guards shall be used to confine the heat, sparks, and slag, and to protect the immovable fire hazards. 1910.252(a)(1)(ii)
(iii) Restrictions. 1910.252(a)(1)(iii)
(2) Special precautions. When the nature of the work to be performed falls within the scope of paragraph (a)(1)(ii) of this section certain additional precautions may be necessary: 1910.252(a)(2)
(i) Combustible material. Wherever there are floor openings or cracks in the flooring that cannot be closed, precautions shall be taken so that no readily combustible materials on the floor below will be exposed to sparks which might drop through the floor. The same precautions shall be observed with regard to cracks or holes in walls, open doorways and open or broken windows. 1910.252(a)(2)(i)
(ii) Fire extinquishers. Suitable fire extinguishing equipment shall be maintained in a state of readiness for instant use. Such equipment may consist of pails of water, buckets of sand, hose or portable extinguishers depending upon the nature and quantity of the combustible material exposed. 1910.252(a)(2)(ii)
(iii) Fire watch.1910.252(a)(2)(iii)
[A] Fire watchers shall be required whenever welding or cutting is performed in locations where other than a minor fire might develop, or any of the following conditions exist: 1910.252(a)(2)(iii)[A]
[1] Appreciable combustible material, in building construction or contents, closer than 35 feet (10.7 m) to the point of operation. 1910.252(a)(2)(iii)[A][1]
[2] Appreciable combustibles are more than 35 feet (10.7 m) away but are easily ignited by sparks. 1910.252(a)(2)(iii)[A][2]
[3] Wall or floor openings within a 35-foot (10.7 m) radius expose combustible material in adjacent areas including concealed spaces in walls or floors. 1910.252(a)(2)(iii)[A][3]
[4] Combustible materials are adjacent to the opposite side of metal partitions, walls, ceilings, or roofs and are likely to be ignited by conduction or radiation. 1910.252(a)(2)(iii)[A][4]
[B] Fire watchers shall have fire extinguishing equipment readily available and be trained in its use. They shall be familiar with facilities for sounding an alarm in the event of a fire. They shall watch for fires in all exposed areas, try to extinguish them only when obviously within the capacity of the equipment available, or otherwise sound the alarm. A fire watch shall be maintained for at least a half hour after completion of welding or cutting operations to detect and extinguish possible smoldering fires.
1910.252(a)(2)(iii)[B]
(iv) Authorization. Before cutting or welding is permitted, the area shall be inspected by the individual responsible for authorizing cutting and welding operations. He shall designate precautions to be followed in granting authorization to proceed preferably in the form of a written permit.
1910.252(a)(2)(iv)
(v) Floors. 1910.252(a)(2)(v)
(vi) Prohibited areas. Cutting or welding shall not be permitted in the following situations: 1910.252(a)(2)(vi)
[A] In areas not authorized by management. 1910.252(a)(2)(vi)[A]
[B] In sprinklered buildings while such protection is impaired. 1910.252(a)(2)(vi)[B]
[C] In the presence of explosive atmospheres (mixtures of flammable gases, vapors, liquids, or dusts with air), or explosive atmospheres that may develop inside uncleaned or improperly prepared tanks or equipment which have previously contained such materials, or that may develop in areas with an accumulation of combustible dusts. 1910.252(a)(2)(vi)[C]
[D] In areas near the storage of large quantities of exposed, readily ignitible materials such as bulk sulfur, baled paper, or cotton. 1910.252(a)(2)(vi)[D]
(vii) Relocation of combustibles. Where practicable, all combustibles shall be relocated at least 35 feet (10.7 m) from the work site. Where relocation is impracticable, combustibles shall be protected with flameproofed covers or otherwise shielded with metal or asbestos guards or curtains.
1910.252(a)(2)(vii)
(viii) Ducts. 1910.252(a)(2)(viii)
(ix) Combustible walls. 1910.252(a)(2)(ix)
(x) Noncombustible walls. 1910.252(a)(2)(x)
(xi) Combustible cover. 1910.252(a)(2)(xi)
(xii) Pipes. 1910.252(a)(2)(xii)
(xiii) Management. Management shall recognize its responsibility for the safe usage of cutting and welding equipment on its property and: 1910.252(a)(2)(xiii)
[A] Based on fire potentials of plant facilities, establish areas for cutting and welding, and establish procedures for cutting and welding, in other areas.
1910.252(a)(2)(xiii)[A]
[B] Designate an individual responsible for authorizing cutting and welding operations in areas not specifically designed for such processes. 1910.252(a)(2)(xiii)[B]
[C] Insist that cutters or welders and their supervisors are suitably trained in the safe operation of their equipment and the safe use of the process. 1910.252(a)(2)(xiii)[C]
[D] Advise all contractors about flammable materials or hazardous conditions of which they may not be aware. 1910.252(a)(2)(xiii)[D]
(xiv) Supervisor. The Supervisor:1910.252(a)(2)(xiv)
[A] Shall be responsible for the safe handling of the cutting or welding equipment and the safe use of the cutting or welding process. 1910.252(a)(2)(xiv)[A]
[B] Shall determine the combustible materials
1910.252(a)(2)(xiv)[B]
[C] Shall protect combustibles from ignition by the following:[1]-[3] 1910.252(a)(2)(xiv)[C]
[D] Shall secure authorization for the cutting 1910.252(a)(2)(xiv)[D]
[E] Shall determine that the cutter or welder 1910.252(a)(2)(xiv)[E]
[F] Shall determine that fire protection 1910.252(a)(2)(xiv)[F]
[G] Where fire watches are required, 1910.252(a)(2)(xiv)[G]
(xv) Fire prevention precautions. 1910.252(a)(2)(xv)
(3) Welding or cutting containers. 1910.252(a)(3)
(i) Used containers. No welding, cutting, or other hot work shall be performed on used drums, barrels, tanks or other containers until they have been cleaned so thoroughly as to make absolutely certain that there are no flammable materials present or any substances such as greases, tars, acids, or other materials which when subjected to heat, might produce flammable or toxic vapors. Any pipe lines or connections to the drum or vessel shall be disconnected or blanked.
1910.252(a)(3)(i)
(ii) Venting and purging. 1910.252(a)(3)(ii)
(4) Confined spaces. 1910.252(a)(4)
(i) Accidental contact. When arc welding is to be suspended for any substantial period of time, such as during lunch or overnight, all electrodes shall be removed from the holders and the holders carefully located so that accidental contact cannot occur and the machine be disconnected from the power source. 1910.252(a)(4)(i)
(ii) Torch valve. In order to eliminate the possibility of gas escaping through leaks or improperly closed valves, when gas welding or cutting, the torch valves shall be closed and the gas supply to the torch positively shut off at some point outside the confined area whenever the torch is not to be used for a substantial period of time, such as during lunch
§1910.252
hour or overnight. Where practicable, the torch and hose shall also be removed from the confined space. 1910.252(a)(4)(ii)
(b) Protection of personnel. 1910.252(b)
(1) General. 1910.252(b)(1)
(i) Railing. A welder or helper working on platforms, scaffolds, or runways shall be protected against falling. This may be accomplished by the use of railings, safety belts, life lines, or some other equally effective safeguards. 1910.252(b)(1)(i)
(ii) Welding cable. 1910.252(b)(1)(ii)
(2) Eye protection 1910.252(b)(2)
(i) Selection.1910.252(b)(2)(i)
[A] Helmets or hand shields shall be used during all arc welding or arc cutting operations, excluding submerged arc welding. Helpers or attendants shall be provided with proper eye protection. 1910.252(b)(2)(i)[A]
[B] Goggles or other suitable eye protection shall be used during all gas welding or oxygen cutting operations. Spectacles without side shields, with suitable filter lenses are permitted for use during gas welding operations on light work, for torch brazing or for inspection. 1910.252(b)(2)(i)[B]
[C] All operators and attendants 1910.252(b)(2)(i)[C]
[D] Eye protection in the form 1910.252(b)(2)(i)[D]
(ii) Specifications for protectors.1910.252(b)(2)(ii)
[A] Helmets and hand shields 1910.252(b)(2)(ii)[A]
[B] Helmets and hand shields 1910.252(b)(2)(ii)[B]
[C] Helmets shall be provided 1910.252(b)(2)(ii)[C]
[D] All parts shall be constructed of a material 1910.252(b)(2)(ii)[D]
[E] Goggles shall be ventilated 1910.252(b)(2)(ii)[E]
[F] All glass for lenses shall be tempered, 1910.252(b)(2)(ii)[F]
[G] Lenses shall bear some permanent distinctive marking by which the source and shade may be readily identified. 1910.252(b)(2)(ii)[G]
[H] The following is a guide for the selection 1910.252(b)(2)(ii)[H]
[I] Filter lenses must meet 1910.252(b)(2)(ii)[I]
(iii) Protection from arc welding rays. 1910.252(b)(2)(iii)
(3) Protective clothing — General requirements. Employees exposed to the hazards created by welding, cutting, or brazing operations shall be protected by personal protective equipment in accordance with the requirements of §1910.132 of this part. Appropriate protective clothing required for any welding operation will vary with the size, nature and location of the work to be performed. 1910.252(b)(3)
(4) Work in confined spaces. 1910.252(b)(4)
(i) General. 1910.252(b)(4)(i)
(ii) Ventilation. Ventilation is a prerequisite to work in confined spaces. For ventilation requirements see paragraph (c) of this section. 1910.252(b)(4)(ii)
(iii) Securing cylinders and machinery. When welding or cutting is being performed in any confined spaces the gas cylinders and welding machines shall be left on the outside. Before operations are started, heavy portable equipment mounted on wheels shall be securely blocked to prevent accidental movement. 1910.252(b)(4)(iii)
(iv) Lifelines. Where a welder must enter a confined space through a manhole or other small opening, means shall be provided for quickly removing him in case of emergency. When safety belts and lifelines are used for this purpose they shall be so attached to the welder's body that his body cannot be jammed in a small exit opening. An attendant with a preplanned rescue procedure shall be stationed outside to observe the welder at all times and be capable of putting rescue operations into effect. 1910.252(b)(4)(iv)
(v) Electrode removal. 1910.252(b)(4)(v)
(vi) Gas cylinder shutoff. 1910.252(b)(4)(vi)
(vii) Warning sign. After welding operations are completed, the welder shall mark the hot metal or provide some other means of warning other workers. 1910.252(b)(4)(vii)
(c) Health protection and ventilation. 1910.252(c)
(1) General. 1910.252(c)(1)
(i) Contamination. The requirements in this paragraph have been established on the basis of the following three factors in arc and gas welding which govern the amount of contamination to which welders may be exposed: 1910.252(c)(1)(i)
[A] Dimensions of space in which welding is to be done (with special regard to height of ceiling). 1910.252(c)(1)(i)[A]
[B] Number of welders. 1910.252(c)(1)(i)[B]
[C] Possible evolution of hazardous fumes, gases, or dust according to the metals involved. 1910.252(c)(1)(i)[C]
(ii) Screens. When welding must be performed in a space entirely screened on all sides, the screens shall be so arranged that no serious restriction of ventilation exists. It is desirable to have the screens so mounted that they are about 2 feet (0.61 m) above the floor unless the work is performed at so low a level that the screen must be extended nearer to the floor to protect nearby workers from the glare of welding. 1910.252(c)(1)(ii)
(iii) Maximum allowable concentration. 1910.252(c)(1)(iii)
(iv) Hazard communication. The employer shall include the potentially hazardous materials employed in fluxes, coatings, coverings, and filler metals, all of which are potentially used in welding and cutting, or are released to the atmosphere during welding and cutting, in the program established to comply with the Hazard Communication Standard (HCS) §1910.1200). The employer shall ensure that each employee has access to labels on containers of such materials and safety data sheets, and is trained in accordance with the provisions of §1910.1200. Potentially hazardous materials shall include but not be limited to the materials itemized in paragraphs (c)(5) through (c)(12) of this section.
1910.252(c)(1)(iv)
(v) Additional considerations for hazard communication in welding, cutting, and brazing. [A]-[D] 1910.252(c)(1)(v)
(vi) Prior to June 1, [A]-[C] 1910.252(c)(1)(vi)
(2) Ventilation for general welding and cutting. 1910.252(c)(2)
(i) General. Mechanical ventilation shall be provided when welding or cutting is done on metals not covered in paragraphs (c)(5) through (c)(12) of this section. (For specific materials, see the ventilation requirements of paragraphs (c)(5) through (c)(12) of this section.) 1910.252(c)(2)(i)
[A] In a space of less than 10,000 cubic feet (284 m3) per welder. 1910.252(c)(2)(i)[A]
[B] In a room having a ceiling height of less than 16 feet (5 m). 1910.252(c)(2)(i)[B]
[C] In confined spaces or where the welding space contains partitions, balconies, or other structural barriers to the extent that they significantly obstruct cross ventilation. 1910.252(c)(2)(i)[C]
(ii) Minimum rate. 1910.252(c)(2)(ii)
(3) Local exhaust hoods and booths. Mechanical local exhaust ventilation may be by means of either of the following: 1910.252(c)(3)
(i) Hoods. Freely movable hoods intended to be placed by the welder as near as practicable to the work being welded and provided with a rate of air-flow sufficient to maintain a velocity in the direction of the hood of 100 linear feet (30 m) per minute in the zone of welding when the hood is at its most remote distance from the point of welding. The rates of ventilation required to accomplish this control velocity using a 3inch (7.6 cm) wide flanged suction opening are shown in the following table: 1910.252(c)(3)(i)
1 When brazing with cadmium bearing materials or when cutting on such materials increased rates of ventilation may be required.
2 Nearest half-inch duct diameter based on 4,000 feet per minute velocity in pipe.
(ii) Fixed enclosure. 1910.252(c)(3)(ii)
(4) Ventilation in confined spaces. 1910.252(c)(4)
(i) Air replacement. All welding and cutting operations carried on in confined spaces shall be adequately ventilated to prevent the accumulation of toxic materials or possible oxygen deficiency. This applies not only to the welder but also to helpers and other personnel in the immediate vicinity. All air replacing that withdrawn shall be clean and respirable.1910.252(c)(4)(i)
(ii) Airline respirators. In circumstances for which it is impossible to provide such ventilation, airline respirators or hose
masks approved for this purpose by the National Institute for Occupational Safety and Health (NIOSH) under 42 CFR part 84 must be used. 1910.252(c)(4)(ii)
(iii) Self-contained units. In areas immediately hazardous to life, a full-facepiece, pressure-demand, self-contained breathing apparatus or a combination full-facepiece, pressure-demand supplied-air respirator with an auxiliary, self-contained air supply approved by NIOSH under 42 CFR part 84 must be used. 1910.252(c)(4)(iii)
(iv) Outside helper. 1910.252(c)(4)(iv)
(v) Oxygen for ventilation. Oxygen shall never be used for ventilation. 1910.252(c)(4)(v)
(5) Fluorine compounds. (i)-(ii) 1910.252(c)(5)
(6) Zinc. (i)-(ii) 1910.252(c)(6)
(7) Lead. (i)-(iii) 1910.252(c)(7)
(8) Beryllium. 1910.252(c)(8)
(9) Cadmium. (i)-(ii) 1910.252(c)(9)
(10) Mercury. 1910.252(c)(10)
(11) Cleaning compounds. (i)-(ii) 1910.252(c)(11)
(12) Cutting of stainless steels. 1910.252(c)(12)
(13) First-aid equipment. First-aid equipment shall be available at all times. All injuries shall be reported as soon as possible for medical attention. First aid shall be rendered until medical attention can be provided. 1910.252(c)(13)
(4) Personnel. Workmen in charge of the oxygen or fuel-gas supply equipment, including generators, and oxygen or fuel-gas distribution piping systems shall be instructed and judged competent by their employers for this important work before being left in charge. Rules and instructions covering the operation and maintenance of oxygen or fuel-gas supply equipment including generators, and oxygen or fuel-gas distribution piping systems shall be readily available. 1910.253(a)(4)
(b) Cylinders and containers. 1910.253(b)
(1) Approval and marking. 1910.253(b)(1)
(i) All portable cylinders used for the storage and shipment of compressed gases 1910.253(b)(1)(i)
(ii) Compressed gas cylinders shall be legibly marked, for the purpose of identifying the gas content, with either the chemical or the trade name of the gas. Such marking shall be by means of stenciling, stamping, or labeling, and shall not be readily removable. Whenever practical, the marking shall be located on the shoulder of the cylinder. 1910.253(b)(1)(ii)
(iii) Compressed gas cylinders shall be equipped with connections complying with the American National Standard Compressed Gas Cylinder Valve Outlet and Inlet Connections, ANSI B57.1 — 1965, which is incorporated by reference as specified in §1910.6. 1910.253(b)(1)(iii)
(iv) All cylinders with a water weight capacity of over 30 pounds 1910.253(b)(1)(iv)
(2) Storage of cylinders — general. 1910.253(b)(2)
(i) Cylinders shall be kept away from radiators 1910.253(b)(2)(i)
(ii) Inside of buildings, cylinders shall be stored in a well-protected, well-ventilated, dry location, at least 20 feet (6.1 m) from highly combustible materials such as oil or excelsior. Cylinders should be stored in definitely assigned places away from elevators, stairs, or gangways. Assigned storage spaces shall be located where cylinders will not be knocked over or damaged by passing or falling objects, or subject to tampering by unauthorized persons. Cylinders shall not be kept in unventilated enclosures such as lockers and cupboards. 1910.253(b)(2)(ii)
(iii) Empty cylinders shall have their valves closed. 1910.253(b)(2)(iii)
(iv) Valve protection caps, where cylinder is designed to accept a cap, shall always be in place, hand-tight, except when cylinders are in use or connected for use. 1910.253(b)(2)(iv)
(i) Oxygen cylinders shall not be stored near 1910.253(b)(4)(i)
(ii) Oxygen cylinders stored in outside generator houses 1910.253(b)(4)(ii)
(iii) Oxygen cylinders in storage shall be separated from fuelgas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fireresistance rating of at least one-half hour. 1910.253(b)(4)(iii)
(iv) Where a liquid oxygen system is to be used
1910.253(b)(4)(iv)
(5) Operating procedures. 1910.253(b)(5)
(i) Cylinders, 1910.253(b)(5)(i)
(ii) [A] When transporting cylinders by a crane or derrick, 1910.253(b)(5)(ii)[A]
[B] Cylinders shall not be dropped 1910.253(b)(5)(ii)[B]
[C] Valve-protection caps shall not be used
1910.253(b)(5)(ii)[C]
[D] Unless cylinders are secured 1910.253(b)(5)(ii)[D]
[E] Cylinders not having fixed hand wheels 1910.253(b)(5)(ii)[E]
[F] Cylinder valves shall be closed before moving cylinders.1910.253(b)(5)(ii)[F]
[G] Cylinder valves shall be closed when work is finished. 1910.253(b)(5)(ii)[G]
[H] Valves of empty cylinders shall be closed. 1910.253(b)(5)(ii)[H]
[I] Cylinders shall be kept far enough away from the actual welding or cutting operation so that sparks, hot slag, or flame will not reach them, or fire-resistant shields shall be provided. 1910.253(b)(5)(ii)[I]
[J] Cylinders shall not be placed 1910.253(b)(5)(ii)[J]
[K] Cylinders shall never be used as rollers or supports, whether full or empty. 1910.253(b)(5)(ii)[K]
[L] The numbers and markings stamped 1910.253(b)(5)(ii)[L]
[M] No person, other than the gas supplier, 1910.253(b)(5)(ii)[M]
[N] No one shall tamper with safety devices in cylinders or valves. 1910.253(b)(5)(ii)[N]
[O] Cylinders shall not be dropped or otherwise roughly handled.1910.253(b)(5)(ii)[O]
[P] Unless connected to a manifold, 1910.253(b)(5)(ii)[P]
[Q] A hammer or wrench shall not be used to open cylinder valves. If valves cannot be opened by hand, the supplier shall be notified. 1910.253(b)(5)(ii)[Q]
[R] [1]-[2]
[1] Cylinder valves shall not be tampered with nor should any attempt be made to repair them. If trouble is experienced, the supplier should be sent a report promptly indicating the character of the trouble and the cylinder's serial number. Supplier's instructions as to its disposition shall be followed. 1910.253(b)(5)(ii)[R][1]
[2] Complete removal of the stem from a diaphragm-type cylinder valve shall be avoided. 1910.253(b)(5)(ii)[R][2]
(iii) [A] Fuel-gas cylinders shall be placed 1910.253(b)(5)(iii)[A]
[B] Cylinders shall be handled carefully. 1910.253(b)(5)(iii)[B]
[C] Before connecting a regulator 1910.253(b)(5)(iii)[C]
[D] Before a regulator is removed 1910.253(b)(5)(iii)[D]
[E] Nothing shall be placed on top 1910.253(b)(5)(iii)[E]
[F] If cylinders are found 1910.253(b)(5)(iii)[F]
[G] A warning should be placed near cylinders having leaking fuse plugs or other leaking safety devices not to approach them with a lighted cigarette or other source of ignition. Such cylinders should be plainly tagged; the supplier should be promptly notified and his instructions followed as to their return. 1910.253(b)(5)(iii)[G]
[H] Safety devices shall not be tampered with. 1910.253(b)(5)(iii)[H]
[I] Fuel-gas shall never be used 1910.253(b)(5)(iii)[I]
[J] The cylinder valve shall always be opened slowly. 1910.253(b)(5)(iii)[J]
[K] An acetylene cylinder valve 1910.253(b)(5)(iii)[K]
[L] Where a special wrench is required 1910.253(b)(5)(iii)[L]
(3) Low-pressure oxygen manifolds (for use with cylinders having a Department of Transportation service pressure not exceeding 200 psig (1.36 MPa)). 1910.253(c)(3)
(i) Manifolds shall be of substantial construction 1910.253(c)(3)(i)
(ii) Hose and hose connections 1910.253(c)(3)(ii)
(iii) The assembled manifold including 1910.253(c)(3)(iii)
(iv) The location of manifolds shall comply 1910.253(c)(3)(iv)
§1910.254
(v) The following sign shall be conspicuously posted at each manifold: 1910.253(c)(3)(v)
(4) Station outlet protective equipment. (i)-(viii) 1910.253(e)(4)
(5) Hose and hose connections. 1910.253(e)(5)
(i) Hose for oxy-fuel gas service shall comply 1910.253(e)(5)(i)
(ii) When parallel lengths of oxygen and acetylene hose are taped together for convenience and to prevent tangling, not more than 4 inches (10.2 cm) out of 12 inches (30.5 cm) shall be covered by tape. 1910.253(e)(5)(ii)
(iv) Hose connections shall be clamped 1910.253(e)(5)(iv)
(v) Hose showing leaks, burns, worn places, or other defects rendering it unfit for service shall be repaired or replaced. 1910.253(e)(5)(v)
(6) Pressure-reducing regulators. 1910.253(e)(6)
(i) Pressure-reducing regulators shall be used 1910.253(e)(6)(i)
(ii) When regulators or parts of regulators, 1910.253(e)(6)(ii)
(iii) Gages on oxygen regulators shall be marked "USE NO OIL."1910.253(e)(6)(iii)
(iv) Union nuts and connections on regulators 1910.253(e)(6)(iv)
(f) Acetylene generators. 1910.253(f)
(1) Approval and marking. 1910.253(f)(1)
(i) Generators shall be of approved construction and shall be plainly marked with the maximum rate of acetylene in cubic feet per hour for which they are designed; the weight and size of carbide necessary for a single charge; the manufacturer's name and address; and the name or number of the type of generator. 1910.253(f)(1)(i)
(ii) Carbide shall be of the size marked on the generator nameplate. 1910.253(f)(1)(ii)
(2) Rating and pressure limitations. (i)-(iii) 1910.253(f)(2)
(3) Location. 1910.253(f)(3)
(4) Stationary acetylene generators (automatic and nonautomatic). (i)-(iv) 1910.253(f)(4)
(i) Unauthorized persons shall not be permitted in outside generator houses or inside generator rooms. 1910.253(f)(7)(i)
[A] Operating instructions shall be posted in a conspicuous place near the generator or kept in a suitable place available for ready reference. 1910.253(f)(7)(i)[A]
[B] When recharging generators 1910.253(f)(7)(i)[B]
[C] In the case of batch-type generators, 1910.253(f)(7)(i)[C]
[D] The water-carbide residue mixture 1910.253(f)(7)(i)[D]
(ii) The carbide added each time 1910.253(f)(7)(ii) (iii) Generator water chambers 1910.253(f)(7)(iii)
(iv) Whenever repairs are to be made 1910.253(f)(7)(iv)
(v) Previous to making repairs 1910.253(f)(7)(v)
(vi) Hot repairs shall not be made 1910.253(f)(7)(vi)
(g) Calcium carbide storage. 1910.253(g)
(1) Packaging. 1910.253(g)(1)
(i) Calcium carbide shall be contained 1910.253(g)(1)(i)
(ii) Packages containing calcium carbide shall be conspicuously marked "Calcium Carbide — Dangerous If Not Kept Dry" or with equivalent warning. 1910.253(g)(1)(ii)
(iii) Caution: 1910.253(g)(1)(iii)
(iv) Sprinkler systems shall not be installed 1910.253(g)(1)(iv)
(2) Storage indoors. (i)-(iii) 1910.253(g)(2)
(3) Storage outdoors. (i)-(iv) 1910.253(g)(3)
§1910.254 Arc welding and cutting
(a) General. 1910.254(a)
(1) Equipment selection. 1910.254(a)(1)
(2) Installation. 1910.254(a)(2)
(3) Instruction. Workmen designated to operate arc welding equipment shall have been properly instructed and qualified to operate such equipment as specified in paragraph (d) of this section.
1910.254(a)(3)
(b) Application of arc welding equipment. 1910.254(b)
(1) General. Assurance of consideration of safety in design is obtainable by choosing apparatus complying with the Requirements for Electric Arc-Welding Apparatus, NEMA EW-1-1962, National Electrical Manufacturers Association or the Safety Standard for Transformer-Type Arc-Welding Machines, ANSI C33.2 — 1956, Underwriters' Laboratories, both of which are incorporated by reference as specified in §1910.6. 1910.254(b)(1)
(3) Voltage. The following limits shall not be exceeded: (i)-(iv) 1910.254(b)(3)
(4) Design. 1910.254(b)(4)
(i) A controller integrally mounted 1910.254(b)(4)(i)
(ii) On all types of arc welding machines, 1910.254(b)(4)(ii)
(iii) Input power terminals, 1910.254(b)(4)(iii)
(iv) Terminals for welding leads should be protected from accidental electrical contact by personnel or by metal objects, i.e., vehicles, crane hooks, etc. Protection may be obtained by use of: Dead-front receptacles for plug connections; recessed openings with nonremovable hinged covers; heavy insulating sleeving or taping or other equivalent electrical and mechanical protection. If a welding lead terminal which is intended to be used exclusively for connection to the work is connected to the grounded enclosure, it must be done by a conductor at least two AWG sizes smaller than the grounding conductor and the terminal shall be marked to indicate that it is grounded. 1910.254(b)(4)(iv)
(v) No connections for portable control devices 1910.254(b)(4)(v)
(vi) Auto transformers or a.c. reactors 1910.254(b)(4)(vi)
(c) Installation of arc welding equipment. (1)-(3) 1910.254(c)
(d) Operation and maintenance. 1910.254(d)
(1) General. Workers assigned to operate or maintain arc welding equipment shall be acquainted with the requirements of this section and with 1910.252 (a), (b), and (c) of this part. 1910.254(d)(1)
(2) Machine hook up. 1910.254(d)(2)
(3) Grounding. Grounding of the welding machine frame shall be checked. Special attention shall be given to safety ground connections of portable machines. 1910.254(d)(3)
(4) Leaks. 1910.254(d)(4)
(5) Switches. 1910.254(d)(5)
(6) Manufacturers' instructions. Printed rules and instructions covering operation of equipment supplied by the manufacturers shall be strictly followed. 1910.254(d)(6)
(7) Electrode holders. Electrode holders when not in use shall be so placed that they cannot make electrical contact with persons, conducting objects, fuel or compressed gas tanks. 1910.254(d)(7)
(8) Electric shock. Cables with splices within 10 feet (3 m) of the holder shall not be used. The welder should not coil or loop welding electrode cable around parts of his body. 1910.254(d)(8)
(9) Maintenance. 1910.254(d)(9)
(i) The operator should report any equipment defect or safety hazard to his supervisor and the use of the equipment shall be discontinued until its safety has been assured. Repairs shall be made only by qualified personnel. 1910.254(d)(9)(i) (ii) Machines which have become wet 1910.254(d)(9)(ii) (iii) Cables with damaged insulation 1910.254(d)(9)(iii)
§1910.255 Resistance welding
(a) General. 1910.255(a)
(1) Installation. 1910.255(a)(1)
(2) Thermal protection. 1910.255(a)(2)
(3) Personnel. Workmen designated to operate resistance welding equipment shall have been properly instructed and judged competent to operate such equipment. 1910.255(a)(3)
(4) Guarding. 1910.255(a)(4)
(b) Spot and seam welding machines (nonportable). (1)-(9) 1910.255(b)
Sections 1910.302 through 1910.308 contain design safety standards for electric utilization systems.
(a) Scope. 1910.302(a)
(1) Covered. The provisions of §§1910.302 through 1910.308 cover electrical installations and utilization equipment installed or used within or on buildings, structures, and other premises, including: 1910.302(a)(1)
(i) Yards;1910.302(a)(1)(i)
(ii) Carnivals;1910.302(a)(1)(ii)
(iii) Parking and other lots;1910.302(a)(1)(iii)
(iv) Mobile homes;1910.302(a)(1)(iv)
(v) Recreational vehicles;1910.302(a)(1)(v)
(vi) Industrial substations;1910.302(a)(1)(vi)
(vii) Conductors that connect the installations to a supply of electricity; and 1910.302(a)(1)(vii)
(viii) Other outside conductors on the premises.1910.302(a)(1)(viii)
(2) Not covered. (i)-(v) 1910.302(a)(2)
(b) Extent of application — (1)-(4) 1910.302(b)
(c) Applicability of requirements for disconnecting means. 1910.302(c)
§1910.303 General
(a) Approval. 1910.303(a)
Letter of Interpretation (LOI) Stop: Flexible power cords on appliances
Flexible cords and cables may not be used as a substitute for the fixed wiring of a structure. An appliance which is wired with a flexible cable directly into a junction box may not be used in workplaces. Removing a damaged section of a flexible cord on an appliance and installing an attachment plug would not be allowed. Use of electrical tape to protect nicks or abrasions impedes visual inspection of the flexible cord.
(b) Examination, installation, and use of equipment.
(1)-(8) 1910.303(b)
(1) Examination. Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees. Safety of equipment shall be determined using the following considerations: (i)-(viii) 1910.303(b)(1)
(2) Installation and use. Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling. 1910.303(b)(2)
(3) Insulation integrity. 1910.303(b)(3)
(4) Interrupting rating. 1910.303(b)(4)
(5) Circuit impedance and other characteristics. 1910.303(b)(5)
(6) Deteriorating agents. 1910.303(b)(6)
(ii) Conductors shall be racked to provide 1910.303(b)(7)(ii)
(iii) Internal parts of electrical 1910.303(b)(7)(iii)
(iv) There shall be no damaged parts 1910.303(b)(7)(iv)
(8) Mounting and cooling of equipment. 1910.303(b)(8)
(c) Electrical connections. (1)-(3) 1910.303(c)
(d) Arcing parts. Parts of electric equipment that in ordinary operation produce arcs, sparks, flames, or molten metal shall be enclosed or separated and isolated from all combustible material. 1910.303(d)
(e) Marking. 1910.303(e)
(1) Identification of manufacturer and ratings. Electric equipment may not be used unless the following markings have been placed on the equipment: 1910.303(e)(1)
(i) The manufacturer's name, trademark, or other descriptive marking by which the organization responsible for the product may be identified; and 1910.303(e)(1)(i)
(ii) Other markings giving voltage, current, wattage, or other ratings as necessary. 1910.303(e)(1)(ii)
(2) Durability. 1910.303(e)(2)
(f) Disconnecting means and circuits. 1910.303(f)
(1) Motors and appliances. 1910.303(f)(1)
(2) Services, feeders, and branch circuits. 1910.303(f)(2)
(3) Durability of markings. 1910.303(f)(3)
(4) Capable of accepting a lock. Disconnecting means required by this subpart shall be capable of being locked in the open position. 1910.303(f)(4)
(5) Marking for series combination ratings. (i)-(ii) 1910.303(f)(5)
(i) Where circuit breakers or fuses are applied in compliance with the series combination ratings marked on the equipment by the manufacturer, the equipment enclosures shall
be legibly marked in the field to indicate that the equipment has been applied with a series combination rating. 1910.303(f)(5)(i)
(ii) The marking required by paragraph (f)(5)(i) of this section shall be readily visible and shall state 1910.303(f)(5)(ii)
"Caution — Series Combination System Rated __ Amperes. Identified Replacement Component Required."
(g) 600 Volts, nominal, or less. This paragraph applies to electric equipment operating at 600 volts, nominal, or less to ground.1910.303(g) (1) Space about electric equipment. Sufficient access and working space shall be provided and maintained about all electric equipment to permit ready and safe operation and maintenance of such equipment. 1910.303(g)(1)
(i) Working space for equipment likely to require examination, adjustment, servicing, or maintenance while energized shall comply with the following dimensions, except as required or permitted elsewhere in this subpart: 1910.303(g)(1)(i)
[A] The depth of the working space in the direction of access to live parts may not be less than indicated in Table S-1. Distances shall be measured from the live parts if they are exposed or from the enclosure front or opening if they are enclosed; 1910.303(g)(1)(i)[A]
[B] The width of working space in front of the electric equipment shall be the width of the equipment or 762 mm (30 in.), whichever is greater. In all cases, the working space shall permit at least a 90-degree opening of equipment doors or hinged panels; and 1910.303(g)(1)(i)[B]
[C] The work space shall be clear and extend from the grade, floor, or platform to the height required by paragraph (g)(1)(vi) of this section. However, other equipment associated with the electrical installation and located above or below the electric equipment may extend not more than 153 mm (6 in.) beyond the front of the electric equipment. 1910.303(g)(1)(i)[C]
Letter of Interpretation (LOI) Stop: Working space and working clearance requirements for electric equipment (600V or less) The working clearances that shall be provided and maintained about all electric equipment to permit ready and safe operation and maintenance [are defined] in Table S-1. In addition, work space may not be less than 30 inches wide in front of the covered electric equipment. Access and working space shall be kept clear at all times and may not be used for intermittent/incidental storage.
(ii) Working space required by this standard may not be used for storage. When normally enclosed live parts are exposed for inspection or servicing, the working space, if in a passageway or general open space, shall be suitably guarded. 1910.303(g)(1)(ii)
(iii) At least one entrance 1910.303(g)(1)(iii)
(iv) For equipment rated 1200 [A]-[B] 1910.303(g)(1)(iv)
(v) Illumination shall be provided for all working 1910.303(g)(1)(v)
(vi) The minimum headroom of working [A]-[B] 1910.303(g)(1)(vi)
(vii) Switchboards, [A]-[B] 1910.303(g)(1)(vii)
(2) Guarding of live parts. (i)-(iii) 1910.303(g)(2)
(h) Over 600 volts, nominal. (1)-(5) 1910.303(h)
§1910.304 Wiring design and protection
(a) Use and identification of grounded and grounding conductors. 1910.304(a)
(1) Identification of conductors. 1910.304(a)(1)
(i) A conductor used as a grounded conductor shall be identifiable and distinguishable from all other conductors. 1910.304(a)(1)(i)
(ii) A conductor used as an equipment grounding 1910.304(a)(1)(ii)
(2) Polarity of connections. 1910.304(a)(2)
(3) Use of grounding terminals and devices. 1910.304(a)(3)
(b) Branch circuits. (1)-(5) 1910.304(b)
(c) Outside conductors, 600 volts, nominal, or less. (1)-(4) 1910.304(c)
(d) Location of outdoor lamps. 1910.304(d)
(e) Services. (1)-(2) 1910.304(e)
(f) Overcurrent protection. (1)-(2) 1910.304(f)
(g) Grounding. Paragraphs (g)(1) through (g)(9) of this section contain grounding requirements for systems, circuits, and equipment. 1910.304(g)
(1) Systems to be grounded. (i)-(v) 1910.304(g)(1)
(2) Conductor to be grounded. (i)-(v) 1910.304(g)(2)
§1910.305
(3) Portable and vehicle-mounted generators. (i)-(iii) 1910.304(g)(3)
(5) Grounding path. The path to ground from circuits, equipment, and enclosures shall be permanent, continuous, and effective. 1910.304(g)(5)
(6) Supports, enclosures, and equipment to be grounded. (i)-(vii) 1910.304(g)(6)
(7) Nonelectrical equipment. 1910.304(g)(7)
(8) Methods of grounding fixed equipment. (i)-(iii) 1910.304(g)(8)
(9) Grounding of systems and circuits of 1000 volts and over (high voltage). (i)-(ii) 1910.304(g)(9)
§1910.305 Wiring methods, components, and equipment for general use
(a) Wiring methods. The provisions of this section do not apply to conductors that are an integral part of factory-assembled equipment. 1910.305(a)
(1) General requirements. (i)-(iii) 1910.305(a)(1)
(2) Temporary wiring. Except as specifically modified in this paragraph, all other requirements of this subpart for permanent wiring shall also apply to temporary wiring installations. 1910.305(a)(2)
(i) Temporary electrical power and lighting installations of 600 volts, nominal, or less may be used only as follows: 1910.305(a)(2)(i)
[A] During and for remodeling, maintenance, or repair of buildings, structures, or equipment, and similar activities; 1910.305(a)(2)(i)[A]
[B] For a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes; or 1910.305(a)(2)(i)[B]
[C] For experimental or development work, and during emergencies. 1910.305(a)(2)(i)[C]
(ii) Temporary wiring shall be removed immediately upon completion of the project or purpose for which the wiring was installed. 1910.305(a)(2)(ii)
(iii) Temporary electrical installations of more than 600 volts may be used only during periods of tests, experiments, emergencies, or construction-like activities. 1910.305(a)(2)(iii)
(iv) The following requirements apply to feeders: [A]-[B] 1910.305(a)(2)(iv)
(v) The following requirements apply to branch circuits: 1910.305(a)(2)(v)
[B] Conductors shall be multiconductor cord or cable assemblies or open conductors. If run as open conductors, they shall be fastened at ceiling height every 3.05 m (10.0 ft). 1910.305(a)(2)(v)[B]
[C] No branch-circuit conductor may be laid on the floor. 1910.305(a)(2)(v)[C]
[D] Each branch circuit that supplies receptacles or fixed equipment shall contain a separate equipment grounding conductor if run as open conductors. 1910.305(a)(2)(v)[D]
(vi) Receptacles shall be of the grounding type. 1910.305(a)(2)(vi)
(ix) All lamps for general illumination 1910.305(a)(2)(ix)
(x) Flexible cords and cables shall be protected from accidental damage, as might be caused, for example, by sharp corners, projections, and doorways or other pinch points. 1910.305(a)(2)(x)
(xi) Cable assemblies and flexible cords and cables 1910.305(a)(2)(xi)
(3) Cable trays. (i)-(v) 1910.305(a)(3)
(4) Open wiring on insulators. (i)-(v) 1910.305(a)(4)
(b) Cabinets, boxes, and fittings. 1910.305(b)
(1) Conductors entering boxes, cabinets, or fittings. 1910.305(b)(1)
(i) Conductors entering cutout boxes, cabinets, or fittings shall be protected from abrasion, and openings through which conductors enter shall be effectively closed. 1910.305(b)(1)(i)
(ii) Unused openings in cabinets, boxes, and fittings shall be effectively closed. 1910.305(b)(1)(ii)
(iii) Where cable is used, [A]-[G] 1910.305(b)(1)(iii)
(2) Covers and canopies. 1910.305(b)(2)
(i) All pull boxes, junction boxes, and fittings shall be provided with covers identified for the purpose. If metal covers are used, they shall be grounded. In completed installations, each outlet box shall have a cover, faceplate, or fixture canopy. Covers of outlet boxes having holes through which flexible cord pendants pass shall be provided with bushings designed for the purpose or shall have smooth, wellrounded surfaces on which the cords may bear. 1910.305(b)(2)(i)
(ii) Where a fixture canopy or pan is used, any combustible wall or ceiling finish exposed between the edge of the canopy or pan and the outlet box shall be covered with noncombustible material. 1910.305(b)(2)(ii)
(3) Pull and junction boxes for systems over 600 volts, nominal. In addition to other requirements in this section, the following requirements apply to pull and junction boxes for systems over 600 volts, nominal: 1910.305(b)(3)
(i) Boxes shall provide a complete enclosure for the contained conductors or cables. 1910.305(b)(3)(i)
(ii) Boxes shall be closed by suitable covers securely fastened in place. 1910.305(b)(3)(ii)
Note to paragraph (b)(3)(ii) of this section: Underground box covers that weigh over 45.4 kg (100 lbs) meet this requirement.
(iii) Covers for boxes shall be permanently marked "HIGH VOLTAGE." The marking shall be on the outside of the box cover and shall be readily visible and legible. 1910.305(b)(3)(iii)
(c) Switches. 1910.305(c)
(1) Single-throw knife switches. Single-throw knife switches shall be so placed that gravity will not tend to close them. Single-throw knife switches approved for use in the inverted position shall be provided with a locking device that will ensure that the blades remain in the open position when so set. 1910.305(c)(1)
(2) Double-throw knife switches. 1910.305(c)(2)
(3) Connection of switches. 1910.305(c)(3)
(i) Single-throw knife switches 1910.305(c)(3)(i)
(ii) Single-throw knife switches, molded-case switches, switches with butt contacts, and circuit breakers used as switches shall be connected so that the terminals supplying the load are deenergized when the switch is in the open position. However, blades and terminals supplying the load of a switch may be energized when the switch is in the open position where the switch is connected to circuits or equipment inherently capable of providing a backfeed source of power. For such installations, a permanent sign shall be installed on the switch enclosure or immediately adjacent to open switches that read, 1910.305(c)(3)(ii)
"WARNING — LOAD SIDE TERMINALS MAY BE ENERGIZED BY BACKFEED."
(4) Faceplates for flush-mounted snap 1910.305(c)(4)
(5) Grounding. 1910.305(c)(5)
(d) Switchboards and panelboards. 1910.305(d)
(1) Switchboards with exposed live parts. Switchboards that have any exposed live parts shall be located in permanently dry locations and shall be accessible only to qualified persons.
1910.305(d)(1)
(2) Panelboard enclosures. 1910.305(d)(2)
(3) Knife switches mounted 1910.305(d)(3)
(e) Enclosures for damp or wet locations. 1910.305(e)
(1) Cabinets, cutout boxes, fittings, boxes, and panelboard enclosures. Cabinets, cutout boxes, fittings, boxes, and panelboard enclosures in damp or wet locations shall be installed so as to prevent moisture or water from entering and accumulating within the enclosures and shall be mounted so there is at least 6.35mm (0.25-in.) airspace between the enclosure and the wall or other supporting surface. However, nonmetallic enclosures may be installed without the airspace on a concrete, masonry, tile, or similar surface. The enclosures shall be weatherproof in wet locations. 1910.305(e)(1)
(2) Switches, circuit breakers, and switchboards. 1910.305(e)(2)
(f) Conductors for general wiring. 1910.305(f)
(1) Insulation. 1910.305(f)(1)
(2) Type. 1910.305(f)(2)
(3) Distinguishable. Insulated conductors shall be distinguishable by appropriate color or other suitable means as being grounded conductors, ungrounded conductors, or equipment grounding conductors. 1910.305(f)(3)
(g) Flexible cords and cables. 1910.305(g)
(1) Use of flexible cords and cables. 1910.305(g)(1)
(i) Flexible cords and cables shall be approved for conditions of use and location. 1910.305(g)(1)(i)
(ii) Flexible cords and cables may be used only for: 1910.305(g)(1)(ii)
[A] Pendants;1910.305(g)(1)(ii)[A]
[B] Wiring of fixtures;1910.305(g)(1)(ii)[B]
[C] Connection of portable lamps or appliances; 1910.305(g)(1)(ii)[C]
[D] Portable and mobile signs;1910.305(g)(1)(ii)[D]
[E] Elevator cables;1910.305(g)(1)(ii)[E]
[F] Wiring of cranes and hoists;1910.305(g)(1)(ii)[F]
Part 1910 – General
[G] Connection of stationary equipment to facilitate their frequent interchange; 1910.305(g)(1)(ii)[G]
[H] Prevention of the transmission of noise or vibration; 1910.305(g)(1)(ii)[H]
[I] Appliances where the fastening means and mechanical connections are designed to permit removal for maintenance and repair; 1910.305(g)(1)(ii)[I]
[J] Data processing cables approved as a part of the data processing system; 1910.305(g)(1)(ii)[J]
[K] Connection of moving parts; and1910.305(g)(1)(ii)[K]
[L] Temporary wiring as permitted in paragraph (a)(2) of this section. 1910.305(g)(1)(ii)[L]
(iii) If used as permitted in paragraphs (g)(1)(ii)(C), (g)(1)(ii)(G), or (g)(1)(ii)(I) of this section, the flexible cord shall be equipped with an attachment plug and shall be energized from an approved receptacle outlet. 1910.305(g)(1)(iii)
(iv) Unless specifically permitted otherwise in paragraph (g)(1)(ii) of this section, flexible cords and cables may not be used: 1910.305(g)(1)(iv)
[A] As a substitute for the fixed wiring of a structure; 1910.305(g)(1)(iv)[A]
[B] Where run through holes in walls, ceilings, or floors; 1910.305(g)(1)(iv)[B]
[C] Where run through doorways, windows, or similar openings; 1910.305(g)(1)(iv)[C]
[D] Where attached to building surfaces; 1910.305(g)(1)(iv)[D]
[E] Where concealed behind building walls, ceilings, or floors; or 1910.305(g)(1)(iv)[E]
[F] Where installed in raceways, except as otherwise permitted in this subpart. 1910.305(g)(1)(iv)[F]
(v) Flexible cords used 1910.305(g)(1)(v)
(2) Identification, splices, and terminations. 1910.305(g)(2)
(i) A conductor of a flexible cord or cable that is used as a grounded conductor or an equipment grounding conductor shall be distinguishable from other conductors. Types S, SC, SCE, SCT, SE, SEO, SEOO, SJ, SJE, SJEO, SJEOO, SJO, SJT, SJTO, SJTOO, SO, SOO, ST, STO, and STOO flexible cords and Types G, G-GC, PPE, and W flexible cables shall be durably marked on the surface at intervals not exceeding 610 mm (24 in.) with the type designation, size, and number of conductors. 1910.305(g)(2)(i)
(ii) Flexible cords may be used only in continuous lengths without splice or tap. Hard-service cord and junior hard-service cord No. 14 and larger may be repaired if spliced so that the splice retains the insulation, outer sheath properties, and usage characteristics of the cord being spliced. 1910.305(g)(2)(ii)
(iii) Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws. 1910.305(g)(2)(iii)
(h) Portable cables over 600 volts, nominal. This paragraph applies to portable cables used at more than 600 volts, nominal.1910.305(h)
(1) Conductor construction. Multiconductor portable cable for use in supplying power to portable or mobile equipment at over 600 volts, nominal, shall consist of No. 8 or larger conductors employing flexible stranding. However, the minimum size of the insulated ground-check conductor of Type G-GC cables shall be No. 10. 1910.305(h)(1)
(2) Shielding. Cables operated at over 2,000 volts shall be shielded for the purpose of confining the voltage stresses to the insulation. 1910.305(h)(2)
(1) Lighting fixtures, lampholders, lamps, and receptacles. (i)-(iv) 1910.305(j)(1)
(2) Receptacles, cord connectors, and (i)-(vii) 1910.305(j)(2)
(3) Appliances. (i)-(iv) 1910.305(j)(3)
(4) Motors. This paragraph applies to motors, motor circuits, and controllers. 1910.305(j)(4)
(i) If specified in paragraph 1910.305(j)(4)(i)
(ii) An individual disconnecting means shall be provided for each controller. A disconnecting means shall be located within sight of the controller location. However, a single disconnecting means may be located adjacent to a group of coordinated con-
trollers mounted adjacent to each other on a multi-motor continuous process machine. The controller disconnecting means for motor branch circuits over 600 volts, nominal, may be out of sight of the controller, if the controller is marked with a warning label giving the location and identification of the disconnecting means that is to be locked in the open position.1910.305(j)(4)(ii)
(iii) The disconnecting means shall disconnect 1910.305(j)(4)(iii)
(iv) The disconnecting means shall plainly indicate whether it is in the open (off) or closed (on) position. 1910.305(j)(4)(iv)
(v) The disconnecting means shall be readily accessible. 1910.305(j)(4)(v)
(vi) An individual disconnecting means shall be provided [A]-[C] 1910.305(j)(4)(vi) (vii) Motors, 1910.305(j)(4)(vii)
(viii) Where live parts of motors 1910.305(j)(4)(viii)
(5) Transformers. 1910.305(j)(5)
(i) Paragraph (j)(5) of this section [A]-[E] 1910.305(j)(5)(i)
(ii) The operating voltage of exposed live parts of transformer installations shall be indicated by signs or visible markings on the equipment or structure. 1910.305(j)(5)(ii)
(vi) Transformer vaults shall be constructed 1910.305(j)(5)(vi)
(vii) Any pipe or duct system 1910.305(j)(5)(vii)
(viii) Material may not be stored in transformer vaults. 1910.305(j)(5)(viii)
(6) Capacitors. 1910.305(j)(6)
(i) All capacitors, 1910.305(j)(6)(i)
(ii) The following requirements apply to capacitors installed on circuits operating at more than 600 volts, nominal: 1910.305(j)(6)(ii)
[A] Group-operated switches shall be used [1]-[4] 1910.305(j)(6)(ii)[A]
[B] A means shall be installed to isolate 1910.305(j)(6)(ii)[B]
[C] Isolating or disconnecting switches (with no interrupting rating) shall be interlocked with the load interrupting device or shall be provided with prominently displayed caution signs to prevent switching load current; and 1910.305(j)(6)(ii)[C]
[D] For series capacitors, the proper switching shall be assured by use of at least one of the following: 1910.305(j)(6)(ii)[D]
[1] Mechanically sequenced isolating and bypass switches; 1910.305(j)(6)(ii)[D][1]
[2] Interlocks; or 1910.305(j)(6)(ii)[D][2]
[3] Switching procedure prominently displayed at the switching location. 1910.305(j)(6)(ii)[D][3]
(7) Storage Batteries. 1910.305(j)(7)
§1910.306 Specific purpose equipment and installations
(a) Electric signs and outline lighting. (1)-(2) 1910.306(a)
(b) Cranes and hoists. (1)-(4) 1910.306(b)
(c) Elevators, dumbwaiters, escalators, moving walks, wheelchair lifts, and stairway chair lifts. The following requirements apply to elevators, dumbwaiters, escalators, moving walks, wheelchair lifts, and stairway chair lifts.1910.306(c)
(5) Location. The disconnecting means shall be located where it is readily accessible to qualified persons. 1910.306(c)(5)
(i) On elevators without generator 1910.306(c)(5)(i)
(ii) On elevators with generator field 1910.306(c)(5)(ii)
(iii) On escalators and moving walks, 1910.306(c)(5)(iii)
(iv) On wheelchair lifts and stairway 1910.306(c)(5)(iv)
(6) Identification and signs. (i)-(ii) 1910.306(c)(6)
(7) Single-car and multicar installations. 1910.306(c)(7)
(8) Warning sign for multiple 1910.306(c)(8)
(9) Interconnection between multicar 1910.306(c)(9)
(10) Motor controllers. 1910.306(c)(10)
(d) Electric welders — disconnecting means. (1)-(2) 1910.306(d)
(e) Information technology equipment. (1)-(3) 1910.306(e)
(f) X-Ray equipment. (1)-(2) 1910.306(f)
(g) Induction and dielectric heating equipment. This paragraph applies to induction and dielectric heating equipment and accessories for industrial and scientific applications, but not for medical or dental applications or for appliances.1910.306(g)
(1) Guarding and grounding. 1910.306(g)(1)
(i) The converting apparatus (including 1910.306(g)(1)(i)
(ii) All panel controls shall be of dead-front construction. 1910.306(g)(1)(ii)
§1910.307
(iii) Doors or detachable panels 1910.306(g)(1)(iii)
(iv) Warning labels or signs that read "DANGER — HIGH VOLTAGE — KEEP OUT" shall be attached to the equipment and shall be plainly visible where persons might contact energized parts when doors are opened or closed or when panels are removed from compartments containing over 250 volts ac or dc. 1910.306(g)(1)(iv)
(v) Induction and dielectric heating [A]-[D] 1910.306(g)(1)(v)
(vi) A readily accessible disconnecting 1910.306(g)(1)(vi)
(2) Remote control. (i)-(ii) 1910.306(g)(2)
(h) Electrolytic cells. (1)-(7) 1910.306(h)
(i) Electrically driven or controlled irrigation machines. (1)-(2) 1910.306(i)
(j) Swimming pools, fountains, and similar installations. (1)(5) 1910.306(j)
(k) Carnivals, circuses, fairs, and similar events. This paragraph covers the installation of portable wiring and equipment, including wiring in or on all structures, for carnivals, circuses, exhibitions, fairs, traveling attractions, and similar events.1910.306(k)
(1) Protection of electric equipment. 1910.306(k)(1)
(2) Installation. (i)-(ix) 1910.306(k)(2)
(3) Inside tents and concessions. 1910.306(k)(3)
(4) Portable distribution and termination boxes. Employers may only use portable distribution and termination boxes that meet the following requirements: 1910.306(k)(4)
(i) Boxes shall be designed so that no live 1910.306(k)(4)(i)
(ii) Busbars shall have an ampere 1910.306(k)(4)(ii)
(iii) Receptacles shall have overcurrent 1910.306(k)(4)(iii)
(iv) Where single-pole connectors are used, [A]-[B] 1910.306(k)(4)(iv)
(v) Overcurrent protection of equipment 1910.306(k)(4)(v)
(vi) The following equipment connected [A]-[C] 1910.306(k)(4)(vi)
(5) Disconnecting means. (i)-(iv) 1910.306(k)(5)
§1910.307 Hazardous (classified) locations
(a) Scope — 1910.307(a)
(1) Applicability. This section covers the requirements for electric equipment and wiring in locations that are classified depending on the properties of the flammable vapors, liquids or gases, or combustible dusts or fibers that may be present therein and the likelihood that a flammable or combustible concentration or quantity is present. Hazardous (classified) locations may be found in occupancies such as, but not limited to, the following: aircraft hangars, gasoline dispensing and service stations, bulk storage plants for gasoline or other volatile flammable liquids, paint-finishing process plants, health care facilities, agricultural or other facilities where excessive combustible dusts may be present, marinas, boat yards, and petroleum and chemical processing plants. Each room, section or area shall be considered individually in determining its classification. 1910.307(a)(1)
(2) Classifications. 1910.307(a)(2)
(i) These hazardous (classified) locations are assigned the following designations: 1910.307(a)(2)(i)
[A] Class I, Division 1 1910.307(a)(2)(i)[A]
[B] Class I, Division 2 1910.307(a)(2)(i)[B]
[C] Class I, Zone 0 1910.307(a)(2)(i)[C]
[D] Class I, Zone 1 1910.307(a)(2)(i)[D]
[E] Class I, Zone 2 1910.307(a)(2)(i)[E]
[F] Class II, Division 1 1910.307(a)(2)(i)[F]
[G] Class II, Division 2 1910.307(a)(2)(i)[G]
[H] Class III, Division 1 1910.307(a)(2)(i)[H]
[I] Class III, Division 2 1910.307(a)(2)(i)[I]
(ii) For definitions of these locations, see §1910.399. 1910.307(a)(2)(ii)
(3) Other sections of this subpart. 1910.307(a)(3) (4) Division and zone classification. 1910.307(a)(4)
(b) Documentation. 1910.307(b)
(c) Electrical installations. Equipment, wiring methods, and installations of equipment in hazardous (classified) locations shall be intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location. Requirements for each of these options are as follows:1910.307(c)
(1) Intrinsically safe. Equipment and associated wiring approved as intrinsically safe is permitted in any hazardous (classified) location for which it is approved; 1910.307(c)(1)
(2) Approved for the hazardous (classified) location. 1910.307(c)(2)
(i) Equipment shall be approved not only for the class of 1910.307(c)(2)(i)
(ii) Equipment shall be marked to show the class, group, [A]-[E] 1910.307(c)(2)(ii)
(3) Safe for the hazardous (classified) location. Equipment that is safe for the location shall be of a type and design that the employer demonstrates will provide protection from the hazards arising from the combustibility and flammability of vapors, liquids, gases, dusts, or fibers involved. 1910.307(c)(3)
Note to paragraph (c)(3) of this section: The National Electrical Code, NFPA 70, contains guidelines for determining the type and design of equipment and installations that will meet this requirement. Those guidelines address electric wiring, equipment, and systems installed in hazardous (classified) locations and contain specific provisions for the following: wiring methods, wiring connections; conductor insulation, flexible cords, sealing and drainage, transformers, capacitors, switches, circuit breakers, fuses, motor controllers, receptacles, attachment plugs, meters, relays, instruments, resistors, generators, motors, lighting fixtures, storage battery charging equipment, electric cranes, electric hoists and similar equipment, utilization equipment, signaling systems, alarm systems, remote control systems, local loud speaker and communication systems, ventilation piping, live parts, lightning surge protection, and grounding.
(d) Conduits. 1910.307(d)
(e) Equipment in Division 2 locations. 1910.307(e)
(f) Protection techniques. (1)-(10) 1910.307(f)
(g) Class I, Zone 0, 1, and 2 locations — 1910.307(g)
(1) Scope. Employers may use the zone classification system as an alternative to the division classification system for electric and electronic equipment and wiring for all voltage in Class I, Zone 0, Zone 1, and Zone 2 hazardous (classified) locations where fire or explosion hazards may exist due to flammable gases, vapors, or liquids. 1910.307(g)(1)
(2) Location and general requirements. 1910.307(g)(2)
(i) Locations shall be classified depending on the properties of the flammable vapors, liquids, or gases that may be present and the likelihood that a flammable or combustible concentration or quantity is present. Where pyrophoric materials are the only materials used or handled, these locations need not be classified. 1910.307(g)(2)(i)
(ii) Each room, section, or area 1910.307(g)(2)(ii)
(iii) All threaded conduit shall be threaded 1910.307(g)(2)(iii)
(iv) Equipment provided with threaded entries [A]-[B] 1910.307(g)(2)(iv)
(i) Equipment that is listed for a Zone 0 location may be installed in a Zone 1 or Zone 2 location of the same gas or vapor. Equipment that is listed for a Zone 1 location may be installed in a Zone 2 location of the same gas or vapor.
1910.307(g)(5)(i)
(ii) Equipment shall be marked in accordance [A]-[C] 1910.307(g)(5)(ii)
§1910.308 Special systems
(a) Systems over 600 volts, nominal. This paragraph covers the general requirements for all circuits and equipment operated at over 600 volts.1910.308(a)
(2) Braid-covered insulated conductors — open 1910.308(a)(2)
(3) Insulation shielding. (i)-(ii) 1910.308(a)(3)
(4) Moisture or mechanical protection 1910.308(a)(4)
(5) Interrupting and isolating devices. 1910.308(a)(5)
(i) Circuit breaker installations located indoors shall consist of metal-enclosed units or fire-resistant cell-mounted units. In locations accessible only to qualified employees, open mounting of circuit breakers is permitted. A means of indicating the open and closed position of circuit breakers shall be provided. 1910.308(a)(5)(i)
(ii) Where fuses are used to protect conductors and 1910.308(a)(5)(ii)
(iii) Fused cutouts installed in buildings or transformer 1910.308(a)(5)(iii)
(iv) Where fused cutouts are not suitable 1910.308(a)(5)(iv)
(v) Suitable barriers or enclosures 1910.308(a)(5)(v)
(vi) Load interrupter switches may be used only if [A]-[B] 1910.308(a)(5)(vi)
(vii) A means (for example, a fuseholder and fuse 1910.308(a)(5)(vii)
(6) Mobile and portable equipment. 1910.308(a)(6)
(i) A metallic enclosure shall be provided on the mobile machine for enclosing the terminals of the power cable. The enclosure shall include provisions for a solid connection for the grounding terminal to effectively ground the machine frame. The method of cable termination used shall prevent any strain or pull on the cable from stressing the electrical connections. The enclosure shall have provision for locking so only authorized qualified persons may open it and shall be marked with a sign warning of the presence of energized parts. 1910.308(a)(6)(i)
(ii) All energized switching and control 1910.308(a)(6)(ii)
(b) Emergency power systems. This paragraph applies to circuits, systems, and equipment intended to supply power for illumination and special loads in the event of failure of the normal supply.1910.308(b)
(1) Wiring methods. Emergency circuit wiring shall be kept entirely independent of all other wiring and equipment and may not enter the same raceway, cable, box, or cabinet or other wiring except either where common circuit elements suitable for the purpose are required, or for transferring power from the normal to the emergency source. 1910.308(b)(1)
(2) Emergency illumination. Emergency illumination shall include all required means of egress lighting, illuminated exit signs, and all other lights necessary to provide illumination. Where emergency lighting is necessary, the system shall be so arranged that the failure of any individual lighting element, such as the burning out of a light bulb, cannot leave any space in total darkness. 1910.308(b)(2)
(3) Signs. 1910.308(b)(3)
(i) A sign shall be placed at the service entrance equipment indicating the type and location of on-site emergency power sources. However, a sign is not required for individual unit equipment. 1910.308(b)(3)(i)
(ii) Where the grounded circuit conductor 1910.308(b)(3)(ii)
(c) Class 1, Class 2, and Class 3 remote control, signaling, and power-limited circuits1910.308(c)
(1) Classification. (i)-(iii) 1910.308(c)(1)
(2) Marking. A Class 2 or Class 3 power supply unit shall be durably marked where plainly visible to indicate the class of supply and its electrical rating. 1910.308(c)(2)
(3) Separation from conductors of other circuits. 1910.308(c)(3)
(d) Fire alarm systems (1)-(4) 1910.308(d)
(e) Communications systems. (1)-(4) 1910.308(e)
(f) Solar photovoltaic systems. (1)-(2) 1910.308(f)
(g) Integrated electrical systems (1)-(2) 1910.308(g)
Safety-Related Work Practices
§1910.331
Scope
(a) Covered work by both qualified and unqualified persons. The provisions of §§1910.331 through 1910.335 cover electrical safetyrelated work practices for both qualified persons (those who have training in avoiding the electrical hazards of working on or near exposed energized parts) and unqualified persons (those with little or no such training) working on, near, or with the following installations: 1910.331(a)
(1) Premises wiring. Installations of electric conductors and equipment within or on buildings or other structures, and on other premises such as yards, carnival, parking, and other lots, and industrial substations; 1910.331(a)(1)
(2) Wiring for connection to supply. Installations of conductors that connect to the supply of electricity; and 1910.331(a)(2)
(3) Other wiring. Installations of other outside conductors on the premises. 1910.331(a)(3)
(4) Optical fiber cable. Installations of optical fiber cable where such installations are made along with electric conductors. 1910.331(a)(4)
Note: See §1910.399 for the definition of "qualified person." See §1910.332 for training requirements that apply to qualified and unqualified persons.
(b) Other covered work. (1)-(2) 1910.331(b)
(1) Work performed by unqualified persons on, near, or with the installations listed in paragraphs (c)(1) through (4) of this section; and 1910.331(b)(1)
(2) Work performed by qualified persons near the installations listed in paragraphs (c)(1) through (c)(4) of this section when that work is not on or directly associated with those installations. 1910.331(b)(2)
(c) Excluded work by qualified persons. (1)-(4) 1910.331(c)
§1910.332 Training
(a) Scope. The training requirements contained in this section apply to employees who face a risk of electric shock that is not reduced to a safe level by the electrical installation requirements of §§1910.303 through 1910.308.1910.332(a)
Note: Employees in occupations listed in Table S-4 face such a risk and are required to be trained. Other employees who also may reasonably be expected to face a comparable risk of injury due to electric shock or other electrical hazards must also be trained.
(b) Content of training. 1910.332(b)
(1) Practices addressed in this standard. Employees shall be trained in and familiar with the safety-related work practices required by §§1910.331 through 1910.335 that pertain to their respective job assignments. 1910.332(b)(1)
(2) Additional requirements for unqualified persons. Employees who are covered by paragraph (a) of this section but who are not qualified persons shall also be trained in and familiar with any
electrically related safety practices not specifically addressed by §§1910.331 through 1910.335 but which are necessary for their safety. 1910.332(b)(2)
(3) Additional requirements for qualified persons. Qualified persons (i.e., those permitted to work on or near exposed energized parts) shall, at a minimum, be trained in and familiar with the following: 1910.332(b)(3)
(i) The skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment, 1910.332(b)(3)(i)
(ii) The skills and techniques necessary to determine the nominal voltage of exposed live parts, and 1910.332(b)(3)(ii)
(iii) The clearance distances specified in §1910.333(c) and the corresponding voltages to which the qualified person will be exposed. 1910.332(b)(3)(iii)
Note 1: For the purposes of §§1910.331 through 1910.335, a person must have the training required by paragraph (b)(3) of this section in order to be considered a qualified person.
Note 2: Qualified persons whose work on energized equipment involves either direct contact or contact by means of tools or materials must also have the training needed to meet §1910.333(c)(2).
(c) Type of training. The training required by this section shall be of the classroom or on-the-job type. The degree of training provided shall be determined by the risk to the employee.1910.332(c)
Table S–4—Typical Occupational Categories of Employees Facing a Higher Than Normal Risk of Electrical Accident Occupation
Blue collar supervisors.1
Electrical and electronic engineers.1
Electrical and electronic equipment assemblers.1
Electrical and electronic technicians.1
Electricians.
Industrial machine operators.1
Material handling equipment operators.1
Mechanics and repairers.1
Painters.1
Riggers and roustabouts.1
Stationary engineers.1
Welders.
1 Workers in these groups do not need to be trained if their work or the work of those they supervise does not bring them or the employees they supervise close enough to exposed parts of electric circuits operating at 50 volts or more to ground for a hazard to exist.
§1910.333 Selection and use of work practices
(a) General. Safety-related work practices shall be employed to prevent electric shock or other injuries resulting from either direct or indirect electrical contacts, when work is performed near or on equipment or circuits which are or may be energized. The specific safety-related work practices shall be consistent with the nature and extent of the associated electrical hazards.1910.333(a)
(1) Deenergized parts. Live parts to which an employee may be exposed shall be deenergized before the employee works on or near them, unless the employer can demonstrate that deenergizing introduces additional or increased hazards or is infeasible due to equipment design or operational limitations. Live parts that operate at less than 50 volts to ground need not be deenergized if there will be no increased exposure to electrical burns or to explosion due to electric arcs. 1910.333(a)(1)
Note 1: Examples of increased or additional hazards include interruption of life support equipment, deactivation of emergency alarm systems, shutdown of hazardous location ventilation equipment, or removal of illumination for an area.
Note 2: Examples of work that may be performed on or near energized circuit parts because of infeasibility due to equipment design or operational limitations include testing of electric circuits that can only be performed with the circuit energized and work on circuits that form an integral part of a continuous industrial process in a chemical plant that would otherwise need to be completely shut down in order to permit work on one circuit or piece of equipment.
Note 3: Work on or near deenergized parts is covered by paragraph (b) of this section.
(2) Energized parts. If the exposed live parts are not deenergized (i.e., for reasons of increased or additional hazards or infeasibility), other safety-related work practices shall be used to protect employees who may be exposed to the electrical hazards involved. Such work practices shall protect employees against contact with energized circuit parts directly with any part of their body or indirectly through some other conductive object. The work practices that are used shall be suitable for the conditions under which the work is to
Succinct General Industry Regulations and Standards
be performed and for the voltage level of the exposed electric conductors or circuit parts. Specific work practice requirements are detailed in paragraph (c) of this section. 1910.333(a)(2)
(b) Working on or near exposed deenergized parts. 1910.333(b)
(1) Application. This paragraph applies to work on exposed deenergized parts or near enough to them to expose the employee to any electrical hazard they present. Conductors and parts of electric equipment that have been deenergized but have not been locked out or tagged in accordance with paragraph (b) of this section shall be treated as energized parts, and paragraph (c) of this section applies to work on or near them. 1910.333(b)(1)
(2) Lockout and tagging. While any employee is exposed to contact with parts of fixed electric equipment or circuits which have been deenergized, the circuits energizing the parts shall be locked out or tagged or both in accordance with the requirements of this paragraph. The requirements shall be followed in the order in which they are presented (i.e., paragraph (b)(2)(i) first, then paragraph (b)(2)(ii), etc.). 1910.333(b)(2)
Note 1: As used in this section, fixed equipment refers to equipment fastened in place or connected by permanent wiring methods.
Note 2: Lockout and tagging procedures that comply with paragraphs (c) through (f) of §1910.147 will also be deemed to comply with paragraph (b)(2) of this section provided that:
(1)The procedures address the electrical safety hazards covered by this Subpart; and (2)The procedures also incorporate the requirements of paragraphs (b)(2)(iii)(D) and (b)(2)(iv)(B) of this section.
(i) Procedures. The employer shall maintain a written copy of the procedures outlined in paragraph (b)(2) and shall make it available for inspection by employees and by the Assistant Secretary of Labor and his or her authorized representatives. 1910.333(b)(2)(i)
Note: The written procedures may be in the form of a copy of paragraph (b) of this section.
(ii) Deenergizing equipment.1910.333(b)(2)(ii)
[A] Safe procedures for deenergizing circuits and equipment shall be determined before circuits or equipment are deenergized. 1910.333(b)(2)(ii)[A]
[B] The circuits and equipment to be worked on shall be disconnected from all electric energy sources. Control circuit devices, such as push buttons, selector switches, and interlocks, may not be used as the sole means for deenergizing circuits or equipment. Interlocks for electric equipment may not be used as a substitute for lockout and tagging procedures. 1910.333(b)(2)(ii)[B]
[C] Stored electric energy which might endanger personnel shall be released. Capacitors shall be discharged and high capacitance elements shall be short-circuited and grounded, if the stored electric energy might endanger personnel. 1910.333(b)(2)(ii)[C]
Note: If the capacitors or associated equipment are handled in meeting this requirement, they shall be treated as energized.
[D] Stored non-electrical energy in devices that could reenergize electric circuit parts shall be blocked or relieved to the extent that the circuit parts could not be accidentally energized by the device. 1910.333(b)(2)(ii)[D]
(iii) Application of locks and tags.1910.333(b)(2)(iii)
[A] A lock and a tag shall be placed on each disconnecting means used to deenergize circuits and equipment on which work is to be performed, except as provided in paragraphs (b)(2)(iii)(C) and (b)(2)(iii)(E) of this section. The lock shall be attached so as to prevent persons from operating the disconnecting means unless they resort to undue force or the use of tools. 1910.333(b)(2)(iii)[A]
[B] Each tag shall contain a statement prohibiting unauthorized operation of the disconnecting means and removal of the tag. 1910.333(b)(2)(iii)[B]
[C] If a lock cannot be applied, or if the employer can demonstrate that tagging procedures will provide a level of safety equivalent to that obtained by the use of a lock, a tag may be used without a lock. 1910.333(b)(2)(iii)[C]
[D] A tag used without a lock, as permitted by paragraph (b)(2)(iii)(C) of this section, shall be supplemented by at least one additional safety measure that provides a level of safety equivalent to that obtained by the use of a lock. Examples of additional safety measures include the removal of an isolating circuit element, blocking of a controlling switch, or opening of an extra disconnecting device. 1910.333(b)(2)(iii)[D]
[E] A lock may be placed without a tag only under the following conditions: 1910.333(b)(2)(iii)[E]
[1] Only one circuit or piece of equipment is deenergized, and 1910.333(b)(2)(iii)[E][1]
[2] The lockout period does not extend beyond the work shift, and 1910.333(b)(2)(iii)[E][2]
[3] Employees exposed to the hazards associated with reenergizing the circuit or equipment are familiar with this procedure. 1910.333(b)(2)(iii)[E][3]
(iv) Verification of deenergized condition. The requirements of this paragraph shall be met before any circuits or equipment can be considered and worked as deenergized.
1910.333(b)(2)(iv)
[A] A qualified person shall operate the equipment operating controls or otherwise verify that the equipment cannot be restarted. 1910.333(b)(2)(iv)[A]
[B] A qualified person shall use test equipment to test the circuit elements and electrical parts of equipment to which employees will be exposed and shall verify that the circuit elements and equipment parts are deenergized. The test shall also determine if any energized condition exists as a result of inadvertently induced voltage or unrelated voltage backfeed even though specific parts of the circuit have been deenergized and presumed to be safe. If the circuit to be tested is over 600 volts, nominal, the test equipment shall be checked for proper operation immediately before and immediately after this test.
1910.333(b)(2)(iv)[B]
(v) Reenergizing equipment. These requirements shall be met, in the order given, before circuits or equipment are reenergized, even temporarily. 1910.333(b)(2)(v)
[A] A qualified person shall conduct tests and visual inspections, as necessary, to verify that all tools, electrical jumpers, shorts, grounds, and other such devices have been removed, so that the circuits and equipment can be safely energized. 1910.333(b)(2)(v)[A]
[B] Employees exposed to the hazards associated with reenergizing the circuit or equipment shall be warned to stay clear of circuits and equipment. 1910.333(b)(2)(v)[B]
[C] Each lock and tag shall be removed by the employee who applied it or under his or her direct supervision. However, if this employee is absent from the workplace, then the lock or tag may be removed by a qualified person designated to perform this task provided that: 1910.333(b)(2)(v)[C]
[1] The employer ensures that the employee who applied the lock or tag is not available at the workplace, and 1910.333(b)(2)(v)[C][1]
[2] The employer ensures that the employee is aware that the lock or tag has been removed before he or she resumes work at that workplace. 1910.333(b)(2)(v)[C][2]
[D] There shall be a visual determination that all employees are clear of the circuits and equipment. 1910.333(b)(2)(v)[D]
(c) Working on or near exposed energized parts. 1910.333(c)
Letter of Interpretation (LOI) Stop: Refer to NFPA 70(E). That is the consensus standard for working on or near exposed, energized parts.
(1) Application. This paragraph applies to work performed on exposed live parts (involving either direct contact or contact by means of tools or materials) or near enough to them for employees to be exposed to any hazard they present. 1910.333(c)(1)
(2) Work on energized equipment. Only qualified persons may work on electric circuit parts or equipment that have not been deenergized under the procedures of paragraph (b) of this section. Such persons shall be capable of working safely on energized circuits and shall be familiar with the proper use of special precautionary techniques, personal protective equipment, insulating and shielding materials, and insulated tools. 1910.333(c)(2)
(3) Overhead lines. If work is to be performed near overhead lines, the lines shall be deenergized and grounded, or other protective measures shall be provided before work is started. If the lines are to be deenergized, arrangements shall be made with the person or organization that operates or controls the electric circuits involved to deenergize and ground them. If protective measures, such as guarding, isolating, or insulating are provided, these precautions shall prevent employees from contacting such lines directly with any part of their body or indirectly through conductive materials, tools, or equipment. 1910.333(c)(3)
Note: The work practices used by qualified persons installing insulating devices on overhead power transmission or distribution lines are covered by §1910.269 of this Part, not by §§1910.332 through 1910.335 of this Part. Under paragraph (c)(2) of this section, unqualified persons are prohibited from performing this type of work.
(i) Unqualified persons.1910.333(c)(3)(i)
[A] When an unqualified person is working in an elevated position near overhead lines, the location shall be such that the person and the longest conductive object he or
she may contact cannot come closer to any unguarded, energized overhead line than the following distances:
1910.333(c)(3)(i)[A]
[1] For voltages to ground 50kV or below — 10 ft. (305 cm); 1910.333(c)(3)(i)[A][1]
[2] For voltages to ground over 50kV — 10 ft. (305 cm) plus 4 in. (10 cm) for every 10kV over 50kV. 1910.333(c)(3)(i)[A][2]
[B] When an unqualified person is working on the ground in the vicinity of overhead lines, the person may not bring any conductive object closer to unguarded, energized overhead lines than the distances given in paragraph (c)(3)(i)(A) of this section. 1910.333(c)(3)(i)[B]
Note: For voltages normally encountered with overhead power lines, objects which do not have an insulating rating for the voltage involved are considered to be conductive.
(ii) Qualified persons. When a qualified person is working in the vicinity of overhead lines, whether in an elevated position or on the ground, the person may not approach or take any conductive object without an approved insulating handle closer to exposed energized parts than shown in Table S-5 unless: 1910.333(c)(3)(ii)
[A] The person is insulated from the energized part (gloves, with sleeves if necessary, rated for the voltage involved are considered to be insulation of the person from the energized part on which work is performed), or 1910.333(c)(3)(ii)[A]
[B] The energized part is insulated 1910.333(c)(3)(ii)[B]
[C] The person is insulated 1910.333(c)(3)(ii)[C]
(iii) Vehicular and mechanical equipment. [A]-[C] 1910.333(c)(3)(iii)
[A] Any vehicle or mechanical equipment capable of having parts of its structure elevated near energized overhead lines shall be operated so that a clearance of 10 ft. (305 cm) is maintained. If the voltage is higher than 50kV, the clearance shall be increased 4 in. (10 cm) for every 10kV over that voltage. However, under any of the following conditions, the clearance may be reduced: 1910.333(c)(3)(iii)[A]
[1] If the vehicle is in transit with its structure lowered, the clearance may be reduced to 4 ft. (122 cm). If the voltage is higher than 50kV, the clearance shall be increased 4 in. (10 cm) for every 10kV over that voltage. 1910.333(c)(3)(iii)[A][1]
[2] If insulating barriers are installed to prevent contact with the lines, and if the barriers are rated for the voltage of the line being guarded and are not a part of or an attachment to the vehicle or its raised structure, the clearance may be reduced to a distance within the designed working dimensions of the insulating barrier. 1910.333(c)(3)(iii)[A][2]
[3] If the equipment is an aerial lift insulated for the voltage involved, and if the work is performed by a qualified person, the clearance (between the uninsulated portion of the aerial lift and the power line) may be reduced to the distance given in Table S-5. 1910.333(c)(3)(iii)[A][3]
[B] Employees standing on the ground may not contact the vehicle or mechanical equipment or any of its attachments, unless: 1910.333(c)(3)(iii)[B]
[1] The employee is using protective equipment rated for the voltage; or 1910.333(c)(3)(iii)[B][1]
[2] The equipment is located so that no uninsulated part of its structure (that portion of the structure that provides a conductive path to employees on the ground) can come closer to the line than permitted in paragraph (c)(3)(iii) of this section. 1910.333(c)(3)(iii)[B][2]
[C] If any vehicle or mechanical equipment capable of having parts of its structure elevated near energized overhead lines is intentionally grounded, employees working on the ground near the point of grounding may not stand at the grounding location whenever there is a possibility of overhead line contact. Additional precautions, such as the use of barricades or insulation, shall be taken to protect employees from hazardous ground potentials, depending on earth resistivity and fault currents, which can develop within the first few feet or more outward from the grounding point. 1910.333(c)(3)(iii)[C]
(4) Illumination. (i)-(ii) 1910.333(c)(4)
(i) Employees may not enter spaces containing exposed energized parts, unless illumination is provided that enables the employees to perform the work safely. 1910.333(c)(4)(i)
(ii) Where lack of illumination or an obstruction precludes observation of the work to be performed, employees may not perform tasks near exposed energized parts. Employees may not reach blindly into areas which may contain energized parts. 1910.333(c)(4)(ii)
(5) Confined or enclosed work spaces. 1910.333(c)(5)
(6) Conductive materials and equipment. 1910.333(c)(6)
(7) Portable ladders. Portable ladders shall have nonconductive siderails if they are used where the employee or the ladder could contact exposed energized parts. 1910.333(c)(7)
(8) Conductive apparel. Conductive articles of jewelry and clothing (such as watch bands, bracelets, rings, key chains, necklaces, metalized aprons, cloth with conductive thread, or metal headgear) may not be worn if they might contact exposed energized parts. However, such articles may be worn if they are rendered nonconductive by covering, wrapping, or other insulating means. 1910.333(c)(8)
(9) Housekeeping duties. Where live parts present an electrical contact hazard, employees may not perform housekeeping duties at such close distances to the parts that there is a possibility of contact, unless adequate safeguards (such as insulating equipment or barriers) are provided. Electrically conductive cleaning materials (including conductive solids such as steel wool, metalized cloth, and silicon carbide, as well as conductive liquid solutions) may not be used in proximity to energized parts unless procedures are followed which will prevent electrical contact. 1910.333(c)(9)
(10) Interlocks. 1910.333(c)(10)
§1910.334 Use of equipment
(a) Portable electric equipment. This paragraph applies to the use of cord- and plug-connected equipment, including flexible cord sets (extension cords).1910.334(a)
(1) Handling. Portable equipment shall be handled in a manner which will not cause damage. Flexible electric cords connected to equipment may not be used for raising or lowering the equipment. Flexible cords may not be fastened with staples or otherwise hung in such a fashion as could damage the outer jacket or insulation. 1910.334(a)(1)
(2) Visual inspection. 1910.334(a)(2)
(i) Portable cord- and plug-connected equipment and flexible cord sets (extension cords) shall be visually inspected before use on any shift for external defects (such as loose parts, deformed and missing pins, or damage to outer jacket or insulation) and for evidence of possible internal damage (such as pinched or crushed outer jacket). Cord- and plugconnected equipment and flexible cord sets (extension cords) which remain connected once they are put in place and are not exposed to damage need not be visually inspected until they are relocated. 1910.334(a)(2)(i)
(ii) If there is a defect or evidence of damage that might expose an employee to injury, the defective or damaged item shall be removed from service, and no employee may use it until repairs and tests necessary to render the equipment safe have been made. 1910.334(a)(2)(ii)
(iii) When an attachment plug is to be connected 1910.334(a)(2)(iii)
(3) Grounding-type equipment. 1910.334(a)(3)
(i) A flexible cord used with grounding-type equipment shall contain an equipment grounding conductor. 1910.334(a)(3)(i)
(ii) Attachment plugs and receptacles 1910.334(a)(3)(ii)
(iii) Adapters which interrupt the continuity 1910.334(a)(3)(iii)
(4) Conductive work locations. 1910.334(a)(4)
(5) Connecting attachment plugs. 1910.334(a)(5)
(i) Employees' hands may not be wet when plugging and unplugging flexible cords and cord- and plug-connected equipment, if energized equipment is involved. 1910.334(a)(5)(i)
(ii) Energized plug and receptacle connections may 1910.334(a)(5)(ii)
(iii) Locking-type connectors shall be properly 1910.334(a)(5)(iii)
(b) Electric power and lighting circuits. (1)-(3) 1910.334(b)
(c) Test instruments and equipment. (1)-(3) 1910.334(c)
(d) Occasional use of flammable or ignitible materials.
1910.334(d)
§1910.335 Succinct
§1910.335 Safeguards for personnel protection
(a) Use of protective equipment. 1910.335(a)
(1) Personal protective equipment. 1910.335(a)(1)
(i) Employees working in areas where there are potential electrical hazards shall be provided with, and shall use, electrical protective equipment that is appropriate for the specific parts of the body to be protected and for the work to be performed. 1910.335(a)(1)(i)
Note: Personal protective equipment requirements are contained in subpart I of this part.
(ii) Protective equipment shall be maintained in a safe, reliable condition and shall be periodically inspected or tested, as required by §1910.137. 1910.335(a)(1)(ii)
(iii) If the insulating capability of protective equipment 1910.335(a)(1)(iii)
(iv) Employees shall wear nonconductive head protection wherever there is a danger of head injury from electric shock or burns due to contact with exposed energized parts. 1910.335(a)(1)(iv)
(v) Employees shall wear protective equipment for the eyes or face wherever there is danger of injury to the eyes or face from electric arcs or flashes or from flying objects resulting from electrical explosion. 1910.335(a)(1)(v)
(2) General protective equipment and tools. 1910.335(a)(2)
(i) When working near exposed energized conductors or circuit parts, each employee shall use insulated tools or handling equipment if the tools or handling equipment might make contact with such conductors or parts. If the insulating capability of insulated tools or handling equipment is subject to damage, the insulating material shall be protected. 1910.335(a)(2)(i)
[A] Fuse handling equipment, 1910.335(a)(2)(i)[A]
[B] Ropes and handlines used 1910.335(a)(2)(i)[B]
(ii) Protective shields, protective barriers, or 1910.335(a)(2)(ii)
(b) Alerting techniques. The following alerting techniques shall be used to warn and protect employees from hazards which could cause injury due to electric shock, burns, or failure of electric equipment parts:1910.335(b)
(1) Safety signs and tags. Safety signs, safety symbols, or accident prevention tags shall be used where necessary to warn employees about electrical hazards which may endanger them, as required by §1910.145. 1910.335(b)(1)
(2) Barricades. Barricades shall be used in conjunction with safety signs where it is necessary to prevent or limit employee access to work areas exposing employees to uninsulated energized conductors or circuit parts. Conductive barricades may not be used where they might cause an electrical contact hazard. 1910.335(b)(2)
(3) Attendants. If signs and barricades do not provide sufficient warning and protection from electrical hazards, an attendant shall be stationed to warn and protect employees. 1910.335(b)(3)
Subpart U – COVID–19
§1910.502 Healthcare
(a) Scope and application. 1910.502(a)
(a)-(s)
(1) Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services. 1910.502(a)(1)
(2) This section does not apply to the following: 1910.502(a)(2)
(i) The provision of first aid by an employee who is not a licensed healthcare provider; 1910.502(a)(2)(i)
(ii) The dispensing of prescriptions by pharmacists in retail settings; 1910.502(a)(2)(ii)
(iii) Non-hospital ambulatory care settings where all nonemployees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; 1910.502(a)(2)(iii)
(iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; 1910.502(a)(2)(iv)
(v) Home healthcare settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not present; 1910.502(a)(2)(v)
(vi) Healthcare support services not performed in a healthcare setting (e.g., off-site laundry, off-site medical billing); or 1910.502(a)(2)(vi)
(vii) Telehealth services performed outside of a setting where direct patient care occurs. 1910.502(a)(2)(vii)
Note to paragraph (a)(2). OSHA does not intend to preclude the employers of employees who are unable to be vaccinated from the scope exemption in paragraphs (a)(2)(iv) and (v) of this section. Under various anti-discrimination laws, workers who cannot be vaccinated because of medical conditions, such as allergies to vaccine ingredients, or certain religious beliefs may ask for a reasonable accommodation from their employer. Accordingly, where an employer reasonably accommodates an employee who is unable to be vaccinated in a manner that does not expose the employee to COVID-19 hazards (e.g., telework, working in isolation), that employer may be within the scope exemption in paragraphs (a)(2)(iv) and (v) of this section.
(3) (i) Where a healthcare setting is embedded within a nonhealthcare setting (e.g., medical clinic in a manufacturing facility, walk-in clinic in a retail setting), this section applies only to the embedded healthcare setting and not to the remainder of the physical location. 1910.502(a)(3)(i)
(ii) Where emergency responders or other licensed healthcare providers enter a non-healthcare setting to provide healthcare services, this section applies only to the provision of the healthcare services by that employee. 1910.502(a)(3)(ii)
(4) In well-defined areas where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present, paragraphs (f), (h), and (i) of this section do not apply to employees who are fully vaccinated. 1910.502(a)(4)
Note 1 to paragraph (a). Nothing in this section is intended to limit state or local government mandates or guidance (e.g., executive order, health department order) that go beyond the requirements of and are not inconsistent with this section.
Note 2 to paragraph (a): Employers are encouraged to follow public health guidance from the Centers for Disease Control and Prevention (CDC) even when not required by this section.
Subpart Z – Toxic and Hazardous Substances
§1910.1000 Air contaminants
Regulation Stop: OSHA's PELs are intended to protect workers against the adverse health effects of exposure to hazardous substances. Ninety-five percent of OSHA's current limits, which cover fewer than 500 chemicals, have not been updated since their adoption in 1971. The agency's current PELs cover only a small fraction of the tens of thousands of chemicals in commerce, many of which are suspected of being harmful.
An employee's exposure to any substance listed in Tables Z-1, Z-2, or Z-3 of this section shall be limited in accordance with the requirements of the following paragraphs of this section.
(a) Table Z-1 — 1910.1000(a) (1) Substances with limits preceded by "C" — Ceiling Values. 1910.1000(a)(1)
(2) Other substances — 8-hour Time Weighted Averages. 1910.1000(a)(2)
(b) Table Z-2. An employee's exposure to any substance listed in Table Z-2 shall not exceed the exposure limits specified as follows: 1910.1000(b)
(c) Table Z-3. An employee's exposure to any substance listed in Table Z-3, in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that substance in the table.1910.1000(c)
(d) Computation formulae. (1)-(2) 1910.1000(d)
(e) To achieve compliance with paragraphs (a) through (d) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1910.134.1910.1000(e)
1 The PELs are 8-hour TWAs unless otherwise noted; a (C) designation denotes a ceiling limit. They are to be determined from breathing-zone air samples.
(a) Parts of vapor or gas per million parts of contaminated air by volume at 25 °C and 760 torr.
(b) Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when listed with a ppm entry, it is approximate.
(c) The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than one metal compound, measured as the metal, the CAS number for the metal is given — not CAS numbers for the individual compounds.
(d) The final benzene standard in §1910.1028 applies to all occupational exposures to benzene except in some circumstances the distribution and sale of fuels, sealed containers and pipelines, coke production, oil and gas drilling and production, natural gas processing, and the percentage exclusion for liquid mixtures; for the excepted subsegments, the benzene limits in Table Z-2 apply. See §1910.1028 for specific circumstances.
(e) This 8-hour TWA applies to respirable dust as measured by a vertical elutriator cotton dust sampler or equivalent instrument. The time-weighted average applies to the cottom waste processing operations of waste recycling (sorting, blending, cleaning and willowing) and garnetting. See also 1910.1043 for cotton dust limits applicable to other sectors.
(f) All inert or nuisance dusts, whether mineral, inorganic, or organic, not listed specifically by substance name are covered by the Particulates Not Otherwise Regulated (PNOR) limit which is the same as the inert or nuisance dust limit of Table Z-3.
2 See Table Z-2.
3 See Table Z-3.
4 Varies with compound.
5 See Table Z-2 for the exposure limit for any operations or sectors where the exposure limit in §1910.1026 is stayed or is otherwise not in effect.
6 If the exposure limit in §1910.1026 is stayed or is otherwise not in effect, the exposure limit is a ceiling of 0.1 mg/m3
7 See Table Z-3 for the exposure limit for any operations or sectors where the exposure limit in §1910.1053 is stayed or is otherwise not in effect.
8 See Table Z-2 for the exposure limits for any operations or sectors where the exposure limits in §1910.1024 are stayed or otherwise not in effect.
Table Z–2
(Z37.401969)
Beryllium and beryllium compounds (Z37.291970)d
Cadmium fumeb (Z37.5-1970)
Carbon disulfide (Z37.3-1968)
Carbon tetrachloride (Z37.171967)
Table Z–2 (Continued)
Substance 8-hour time weighte d average
Chromic acid and chromates (Z37.7-1971) (as CrO3)c
Ethylene dibromide (Z37.311970)
Ethylene dichloride (Z37.211969)
Fluoride as dust (Z37.281969)
Formaldehy de; see 1910.1048 Hydrogen fluoride (Z37.281969)
Hydrogen sulfide (Z37.2-1966)
Mercury (Z37.8-1971)
Methyl chloride (Z37.181969)
Methylene Chloride: See §1919.521 Organo (alkyl) mercury (Z37.301969)
Styrene (Z37.151969)
Tetrachloroet hylene (Z37.221967)
Toluene (Z37.121967)
Acceptable ceiling concentratio n
Acceptable maximum peak above the acceptable ceiling concentration for an 8-hr shift
Concentratio n Maximum duration
§1910.1001
Table Z–2 (Continued)
Trichloroethy lene (Z37.191967)
a This standard applies to the industry segments exempt from the 1 ppm 8-hour TWA and 5 ppm STEL of the benzene standard at 1910.1028.
b This standard applies to any operations or sectors for which the Cadmium standard, 1910.1027, is stayed or otherwise not in effect.
c This standard applies to any operations or sectors for which the exposure limit in the Chromium (VI) standard, §1910.1026, is stayed or is otherwise not in effect.
d This standard applies to any operations or sectors for which the exposure limits in the beryllium standard, §1910.1024, are stayed or is otherwise not in effect.
1 Editor's Note: The CFR displays a reference to Methylene Chloride: See §1919.52, which is not in the current CFR publication. For further information on regulatory matters regarding Methylene Chloride, readers may benefit from reviewing §1910.1052.
Silica:
Cristobalite: Use 1⁄2 the value calculated from the count or mass formulae for quartzf
Tridymite: Use 1⁄2 the value calculated from the formulae for quartzf
Amorphous, including natural diatomaceous earth
Silicates (less than 1% crystalline silica): Mica 20 Soapstone 20
Talc (not containing asbestos) 20c
Talc (containing asbestos) Use asbestos limit
Tremolite, asbestiform (see 29 CFR 1910.1001)
Graphite (Natural)
Inert or Nuisance Dust:d Respirable fraction 15 5 mg/m3
Note — Conversion factors - mppcf × 35.3 = million particles per cubic meter = particles per c.c.
a Millions of particles per cubic foot of air, based on impinger samples counted by light-field techniques.
b The percentage of crystalline silica in the formula is the amount determined from airborne samples, except in those instances in which other methods have been shown to be applicable.
c Containing less than 1% quartz; if 1% quartz or more, use quartz limit.
d All inert or nuisance dusts, whether mineral, inorganic, or organic, not listed specifically by substance name are covered by this limit, which is the same as the Particulates Not Otherwise Regulated (PNOR) limit in Table Z-1.
e Both concentration and percent quartz for the application of this limit are to be determined from the fraction passing a size-selector with the following characteristics:
The measurements under this note refer to the use of an AEC (now NRC) instrument. The respirable fraction of coal dust is determined with an MRE; the figure corresponding to that of 2.4 mg/m3 in the table for coal dust is 4.5 mg/m3K
f This standard applies to any operations or sectors for which the respirable crystalline silica standard, 1910.1053, is stayed or is otherwise not in effect.
§1910.1001 Asbestos
(a) Scope and application. 1910.1001(a)
(1) This section applies to all occupational exposures to asbestos in all industries covered by the Occupational Safety and Health Act, except as provided in paragraph (a)(2) and (3) of this section. 1910.1001(a)(1)
(2) This section does not apply to construction work as defined in 29 CFR 1910.12(b). (Exposure to asbestos in construction work is covered by 29 CFR 1926.1101). 1910.1001(a)(2)
(3) This section does not apply to ship repairing, shipbuilding and shipbreaking employments and related employments as defined in 29 CFR 1915.4. (Exposure to asbestos in these employments is covered by 29 CFR 1915.1001). 1910.1001(a)(3)
(b) Definitions.
Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.
Asbestos-containing material (ACM) means any material containing more than 1% asbestos.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas.
Building/facility owner is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building and/or facility in which activities covered by this standard take place.
Certified industrial hygienist (CIH) means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.
Director means the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
Employee exposure means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.
Fiber means a particulate form of asbestos 5 micrometers or longer,with a length-to-diameter ratio of at least 3 to 1.
High-efficiency particulate air (HEPA) filter means a filter capable of trapping and retaining at least 99.97 percent of 0.3 micrometer diameter mono-disperse particles.
Homogeneous area means an area of surfacing material or thermal system insulation that is uniform in color and texture.
Industrial hygienist means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.
PACM means "presumed asbestos containing material."
Presumed asbestos containing material means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as "PACM" may be rebutted pursuant to paragraph (j)(8) of this section.
Regulated area means an area established by the employer to demarcate areas where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed, the permissible exposure limits.
Surfacing ACM means surfacing material which contains more than 1% asbestos.
Surfacing material means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).
Table Z–3—Mineral Dusts
Thermal System Insulation (TSI) means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.
Thermal System Insulation ACM means thermal system insulation which contains more than 1% asbestos.
(i) The employer must implement a respiratory protection program in accordance with 29 CFR 134 (b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator. 1910.1001(g)(2)(i)
(ii) Employers must provide an employee 1910.1001(g)(2)(ii)
(iii) No employee must be assigned to tasks 1910.1001(g)(2)(iii)
(i) Select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however, employers must not select or use filtering facepiece respirators for protection against asbestos fibers. 1910.1001(g)(3)(i)
(ii) Provide HEPA filters for powered and non-powered air-purifying respirators. 1910.1001(g)(3)(ii)
(h) Protective work clothing and equipment — 1910.1001(h)
(1) Provision and use. (i)-(iii) 1910.1001(h)(1)
(i) Coveralls or similar full-body work clothing; 1910.1001(h)(1)(i)
(ii) Gloves, head coverings, and foot coverings; and 1910.1001(h)(1)(ii)
(iii) Face shields, vented goggles, 1910.1001(h)(1)(iii)
(2) Removal and storage. (i)-(iv) 1910.1001(h)(2)
(i) The employer shall ensure 1910.1001(h)(2)(i)
(ii) The employer shall ensure 1910.1001(h)(2)(ii)
(iii) Contaminated work clothing 1910.1001(h)(2)(iii)
(iv) The employer shall ensure that containers 1910.1001(h)(2)(iv)
(3) Cleaning and replacement. (i)-(vi) 1910.1001(h)(3)
(i) The employer shall clean, 1910.1001(h)(3)(i)
(ii) The employer shall prohibit 1910.1001(h)(3)(ii)
(iii) Laundering of contaminated clothing 1910.1001(h)(3)(iii)
(iv) Any employer who gives contaminated clothing 1910.1001(h)(3)(iv)
(v) The employer shall inform 1910.1001(h)(3)(v)
(vi) The employer shall ensure that contaminated 1910.1001(h)(3)(vi)
(i) Hygiene facilities and practices — 1910.1001(i)
(1) Change rooms. 1910.1001(i)(1)
(i) The employer shall provide clean change rooms for employees who work in areas where their airborne exposure to asbestos is above the TWA and/or excursion limit. 1910.1001(i)(1)(i)
(ii) The employer shall ensure 1910.1001(i)(1)(ii)
(2) Showers. (i)-(iii) 1910.1001(i)(2)
(i) The employer shall ensure 1910.1001(i)(2)(i)
(ii) The employer shall provide 1910.1001(i)(2)(ii)
(iii) The employer shall ensure 1910.1001(i)(2)(iii)
(3) Lunchrooms. (i)-(iv) 1910.1001(i)(3)
(4) Smoking in work areas. 1910.1001(i)(4)
(j) Communication of hazards to employees — Introduction. 1910.1001(j) This section applies to the communication of information concerning asbestos hazards in general industry to facilitate compliance with this standard. Asbestos exposure in general industry occurs in a wide variety of industrial and commercial settings. Employees who manufacture asbestos-containing products may be exposed to asbestos fibers. Employees who repair and replace automotive brakes and clutches may be exposed to asbestos fibers. In addition, employees engaged in housekeeping activities in industrial facilities with asbestos product manufacturing operations, and in public and commercial buildings with installed asbestos containing materials may be exposed to asbestos fibers. Most of these workers are covered by this general industry standard, with the exception of state or local governmental employees in non-state plan states. It should be noted that employees who perform housekeeping activities during and after construction activities are covered by the asbestos construction standard, 29 CFR 1926.1101, formerly 1926.58. However, housekeeping employees, regardless of industry designation, should know whether building components they maintain may expose them to asbestos. The same hazard communication provisions will protect employees who perform housekeeping operations in all three asbestos standards; general industry, construction, and shipyard employment. As noted in the construction standard, building own-
ers are often the only and/or best source of information concerning the presence of previously installed asbestos containing building materials. Therefore they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section.
(1) Hazard communication — general. (i)-(iii) 1910.1001(j)(1)
(i) Chemical manufacturers, 1910.1001(j)(1)(i)
(ii) In classifying the hazards of asbestos 1910.1001(j)(1)(ii)
(iii) Employers shall include asbestos in the hazard communication program established to comply with the HCS §1910.1200). Employers shall ensure that each employee has access to labels on containers of asbestos and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (j)(7) of this section. 1910.1001(j)(1)(iii)
(2) Installed Asbestos Containing Material. Employers and building owners are required to treat installed TSI and sprayed on and troweled-on surfacing materials as ACM in buildings constructed no later than 1980 for purposes of this standard. These materials are designated "presumed ACM or PACM", and are defined in paragraph (b) of this section. Asphalt and vinyl flooring material installed no later than 1980 also must be treated as asbestoscontaining. The employer or building owner may demonstrate that PACM and flooring material do not contain asbestos by complying with paragraph (j)(8)(iii) of this section. 1910.1001(j)(2)
(3) Duties of employers and building and facility owners. 1910.1001(j)(3)
(i) Building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site. Employers and building and facility owners shall exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM and PACM. 1910.1001(j)(3)(i)
(ii) Building and facility owners shall maintain records of all information required to be provided pursuant to this section and/or otherwise known to the building owner concerning the presence, location and quantity of ACM and PACM in the building/facility. Such records shall be kept for the duration of ownership and shall be transferred to successive owners. 1910.1001(j)(3)(ii)
(iii) Building and facility owners shall inform employers of employees, and employers shall inform employees who will perform housekeeping activities in areas which contain ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during such activities. 1910.1001(j)(3)(iii)
(4) Warning signs — 1910.1001(j)(4)
(i) Posting. Warning signs shall be provided and displayed at each regulated area. In addition, warning signs shall be posted at all approaches to regulated areas so that an employee may read the signs and take necessary protective steps before entering the area. 1910.1001(j)(4)(i)
(ii) Sign specifications:
[A] The warning signs required by paragraph (j)(4)(i) of this section shall bear the following legend: DANGER ASBESTOS
MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY
[B] In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following:
WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA
[C] Prior to June 1,
[D] Prior to June 1,
(iii) The employer shall ensure that employees 1910.1001(j)(4)(iii)
(iv) At the entrance to mechanical rooms/areas 1910.1001(j)(4)(iv)
(ii) Label specifications. In addition to the requirements of paragraph (j)(1), the employer shall ensure that labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers include the following information: DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING DUST
(iii) Prior to June 1,
(6) The provisions for labels and for safety (i)-(ii) 1910.1001(j)(6)
(7) Employee information and training. (i)-(v) 1910.1001(j)(7)
(8) Criteria to rebut the designation of installed material as PACM. (i)-(iii) 1910.1001(j)(8)
(k) Housekeeping. 1910.1001(k)
(1) All surfaces shall be maintained 1910.1001(k)(1)
(2) All spills and sudden releases 1910.1001(k)(2)
(3) Surfaces contaminated with asbestos 1910.1001(k)(3)
(4) Vacuuming. 1910.1001(k)(4)
(5) Shoveling, dry sweeping and dry clean-up of asbestos 1910.1001(k)(5)
(6) Waste disposal. 1910.1001(k)(6)
(7) Care of asbestos-containing flooring material. (i)-(iii) 1910.1001(k)(7)
(8) Waste and debris 1910.1001(k)(8)
(l) Medical surveillance — 1910.1001(l)
(1) General. 1910.1001(l)(1)
(i) Employees covered. The employer shall institute a medical surveillance program for all employees who are or will be exposed to airborne concentrations of fibers of asbestos at or above the TWA and/or excursion limit. 1910.1001(l)(1)(i)
(ii) Examination by a physician. [A]-[B] 1910.1001(l)(1)(ii)
[A] The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee and at a reasonable time and place. 1910.1001(l)(1)(ii)[A]
[B] Persons other than licensed physicians, who administer the pulmonary function testing required by this section, shall complete a training course in spirometry sponsored by an appropriate academic or professional institution. 1910.1001(l)(1)(ii)[B]
(i) Before an employee is assigned to an occupation exposed to airborne concentrations of asbestos fibers at or above the TWA and/or excursion limit, a pre-placement medical examination shall be provided or made available by the employer. 1910.1001(l)(2)(i)
(ii) Such examination shall include, as a minimum, a medical and work history; a complete physical examination of all systems with emphasis on the respiratory system, the cardiovascular system and digestive tract; completion of the respiratory disease standardized questionnaire in appendix D to this section, part 1; a 14- by 17-inch or other reasonably-sized standard film or digital posterior-anterior chest X-ray; pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1); and any additional tests deemed appropriate by the examining physician. Classification of all chest X-rays shall be conducted in accordance with appendix E to this section.1910.1001(l)(2)(ii)
(i) Periodic medical examinations shall be made available annually.1910.1001(l)(3)(i)
(ii) The scope of the medical examination shall be in conformance with the protocol established in paragraph (l)(2)(ii) of this section, except that the frequency of chest X-rays shall be conducted in accordance with Table 1 to this section, and the abbreviated standardized questionnaire contained in part 2 of appendix D to this section shall be administered to the employee. 1910.1001(l)(3)(ii)
Table 1 to §1910.1001—Frequency of Chest X-ray Years since first exposure Age of employee 15 to 35 35+ to 45 45+ 0 to 10Every 5 yearsEvery 5 yearsEvery 5 years. 10+ Every 5 years Every 2 years Every 1 year.
(4) Termination of employment examinations. (i)-(ii) 1910.1001(l)(4)
(i) The employer shall provide, or make available, a termination of employment medical examination for any employee who has been exposed to airborne concentrations of fibers of asbestos at or above the TWA and/or excursion limit. 1910.1001(l)(4)(i)
(ii) The medical examination shall be in accordance with the requirements of the periodic examinations stipulated in paragraph (l)(3) of this section, and shall be given within 30 calendar days before or after the date of termination of employment. 1910.1001(l)(4)(ii)
(5) Recent examinations. 1910.1001(l)(5)
(6) Information provided to the physician. (i)-(v) 1910.1001(l)(6)
(i) A copy of this standard and Appendices D and E. 1910.1001(l)(6)(i)
(ii) A description of the affected employee's duties as they relate to the employee's exposure. 1910.1001(l)(6)(ii)
(iii) The employee's representative exposure level or anticipated exposure level. 1910.1001(l)(6)(iii)
(iv) A description of any personal protective and respiratory equipment used or to be used. 1910.1001(l)(6)(iv)
(v) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician. 1910.1001(l)(6)(v)
(7) Physician's written opinion. (i)-(iii) 1910.1001(l)(7)
(i) The employer shall obtain a written opinion from the examining physician. This written opinion shall contain the results of the medical examination and shall include: 1910.1001(l)(7)(i)
[A] The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos; 1910.1001(l)(7)(i)[A]
[B] Any recommended limitations on the employee or upon the use of personal protective equipment such as clothing or respirators; 1910.1001(l)(7)(i)[B]
[C] A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions resulting from asbestos exposure that require further explanation or treatment; and 1910.1001(l)(7)(i)[C]
[D] A statement that the employee has been informed by the physician of the increased risk of lung cancer attributable to the combined effect of smoking and asbestos exposure. 1910.1001(l)(7)(i)[D]
(ii) The employer shall instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to asbestos. 1910.1001(l)(7)(ii)
(iii) The employer shall provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt. 1910.1001(l)(7)(iii)
(m) Recordkeeping — 1910.1001(m)
(1) Exposure measurements. 1910.1001(m)(1)
Note: The employer may utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.
(i) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in paragraph (d) of this section. 1910.1001(m)(1)(i)
(ii) This record shall include at least [A]-[F] 1910.1001(m)(1)(ii)
[A] The date of measurement; 1910.1001(m)(1)(ii)[A]
[B] The operation involving exposure to asbestos which is being monitored; 1910.1001(m)(1)(ii)[B]
[C] Sampling and analytical methods used and evidence of their accuracy; 1910.1001(m)(1)(ii)[C]
[D] Number, duration, and results of samples taken; 1910.1001(m)(1)(ii)[D]
[E] Type of respiratory protective devices worn, if any; and 1910.1001(m)(1)(ii)[E]
[F] Name and exposure of the employees whose exposure are represented.1 1910.1001(m)(1)(ii)[F]
(iii) The employer shall maintain this record 1910.1001(m)(1)(iii)
(2) Objective data for exempted operations. (i)-(iii) 1910.1001(m)(2)
(3) Medical surveillance. (i)-(iii) 1910.1001(m)(3)
(4) Training. 1910.1001(m)(4)
(5) Availability. (i)-(iii) 1910.1001(m)(5)
(6) Transfer of records. 1910.1001(m)(6)
(n) Observation of monitoring — (1)-(2) 1910.1001(n)
(o) Appendices. (1)-(2) 1910.1001(o)
§1910.1020 Access to employee exposure and medical records
(a) Purpose. The purpose of this section is to provide employees and their designated representatives a right of access to relevant exposure and medical records; and to provide representatives of the Assistant Secretary a right of access to these records in order to fulfill responsibilities under the Occupational Safety and Health Act. Access by employees, their representatives, and the Assistant Secretary is necessary to yield both direct and indirect improvements in the detection, treatment, and prevention of occupational disease. Each employer is responsible for assuring compliance with this section, but the activities involved in complying with the access to medical records provisions can be carried out, on behalf of the employer, by the physician or other health care personnel in charge of employee medical records. Except as expressly provided, nothing in this section is intended to affect existing legal and ethical obligations concerning the maintenance and confidentiality of employee medical information, the duty to disclose information to a patient/employee or any other aspect of the medical-care relationship, or affect existing legal obligations concerning the protection of trade secret information.1910.1020(a)
(b) Scope and application. 1910.1020(b)
(1) This section applies to each general industry, maritime, and construction employer who makes, maintains, contracts for, or has access to employee exposure or medical records, or analyses thereof, pertaining to employees exposed to toxic substances or harmful physical agents. 1910.1020(b)(1)
(2) This section applies to all employee exposure and medical records, and analyses thereof, of such employees, whether or not the records are mandated by specific occupational safety and health standards. 1910.1020(b)(2)
(3) This section applies to all employee exposure and medical records, and analyses thereof, made or maintained in any manner, including on an in-house of contractual (e.g., fee-for-service) basis. Each employer shall assure that the preservation and access requirements of this section are complied with regardless of the manner in which the records are made or maintained. 1910.1020(b)(3)
(c) Definitions.
(1)-(14)
(4) Employee means a current employee, a former employee, or an employee being assigned or transferred to work where there will be exposure to toxic substances or harmful physical agents. In the case of a deceased or legally incapacitated employee, the employee's legal representative may directly exercise all the employee's rights under this section.
(5) Employee exposure record means a record containing any of the following kinds of information:
(i) Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;
(ii) Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;
(iii) Material safety data sheets indicating that the material may pose a hazard to human health; or
(iv) In the absence of the above, a chemcial inventory or any other record which reveals where and when used and the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent.
Letter of Interpretation (LOI) Stop: Employee exposure records Monitoring results that indicate that particular exposure is nondetectable or below the limit of detection are employee exposure records that have to be preserved and maintained.
(6)
(i) Employee medical record means a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel or technician, including:
[A] Medical and employment questionnaires or histories (including job description and occupational exposures),
[B] The results of medical examinations (pre-employment, pre-assignment, periodic, or episodic) and laboratory tests (including chest and other X-ray examinations taken for the purposes of establishing a base-line or detecting occupational illness, and all biological monitoring not defined as an "employee exposure record"),
[C] Medical opinions, diagnoses, progress notes, and recommendations,
[D] First aid records,
[E] Descriptions of treatments and prescriptions, and [F] Employee medical complaints.
(ii) "Employee medical record" [A]-[D]
(7) Employer means a current employer, a former employer, or a successor employer.
(8) Exposure or exposed means that an employee is subjected to a toxic substance or harmful physical agent in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes past exposure and potential (e.g., accidental or possible) exposure, but does not include situations where the employer can demonstrate that the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.
(10) Record means any item, collection, or grouping of information regardless of the form or process by which it is maintained (e.g., paper document, microfiche, microfilm, X-ray film, or automated data processing).
(12) (i) Specific written consent [A]-[G] (ii) A written authorization does not (iii) A written authorization may be revoked
(13) Toxic substance or harmful physical agent means any chemical substance, biological agent (bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and non-ionizing radiation, hypo-or hyperbaric pressure, etc.) which:
(i) Is listed in the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS), which is incorporated by reference as specified in §1910.6; or (ii) Has yielded positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer; or
(iii) Is the subject of a material safety data sheet kept by or known to the employer indicating that the material may pose a hazard to human health.
(d) Preservation of records. 1910.1020(d)
(1) Unless a specific occupational safety and health standard provides a different period of time, each employer shall assure the preservation and retention of records as follows:
1910.1020(d)(1)
(i) Employee medical records. The medical record for each employee shall be preserved and maintained for at least the duration of employment plus thirty (30) years, except that the following types of records need not be retained for any specified period: 1910.1020(d)(1)(i)
[A] Health insurance claims records maintained separately from the employer's medical program and its records, 1910.1020(d)(1)(i)[A]
[B] First aid records (not including medical histories) of one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, and the like which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job, if made on-site by a non-physician and if maintained separately from the employer's medical program and its records, and 1910.1020(d)(1)(i)[B]
[C] The medical records of employees who have worked for less than (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon the termination of employment. 1910.1020(d)(1)(i)[C]
(ii) Employee exposure records. Each employee exposure record shall be preserved and maintained for at least thirty (30) years, except that: 1910.1020(d)(1)(ii)
[A] Background data to environmental (workplace) 1910.1020(d)(1)(ii)[A]
[B] Material safety data sheets and 1910.1020(d)(1)(ii)[B]
§1910.1020
Succinct General Industry Regulations and Standards
[C] Biological monitoring results designated as exposure records 1910.1020(d)(1)(ii)[C]
(iii) Analyses using exposure or medical records. Each analysis using exposure or medial records shall be preserved and maintained for at least thirty (30) years. 1910.1020(d)(1)(iii)
(2) Nothing in this section is intended to mandate the form, 1910.1020(d)(2)
(e) Access to records. 1910.1020(e)
(1) General. 1910.1020(e)(1)
(i) Whenever an employee or designated representative requests access to a record, the employer shall assure that access is provided in a reasonable time, place, and manner. If the employer cannot reasonably provide access to the record within fifteen (15) working days, the employer shall within the fifteen (15) working days apprise the employee or designated representative requesting the record of the reason for the delay and the earliest date when the record can be made available. 1910.1020(e)(1)(i)
(ii) The employer may require of the requester only such information as should be readily known to the requester and which may be necessary to locate or identify the records being requested (e.g. dates and locations where the employee worked during the time period in question). 1910.1020(e)(1)(ii)
(iii) Whenever an employee or designated representative requests a copy of a record, the employer shall assure that either: 1910.1020(e)(1)(iii)
[A] A copy of the record is provided without cost to the employee or representative, 1910.1020(e)(1)(iii)[A]
[B] The necessary mechanical copying facilities (e.g., photocopying) are made available without cost to the employee or representative for copying the record, or 1910.1020(e)(1)(iii)[B]
[C] The record is loaned to the employee or representative for a reasonable time to enable a copy to be made. 1910.1020(e)(1)(iii)[C]
(iv) In the case of an original X-ray, the employer may restrict access to on-site examination or make other suitable arrangements for the temporary loan of the X-ray. 1910.1020(e)(1)(iv)
(v) Whenever a record has been previously provided without cost to an employee or designated representative, the employer may charge reasonable, non-discriminatory administrative costs (i.e., search and copying expenses but not including overhead expenses) for a request by the employee or designated representative for additional copies of the record, except that 1910.1020(e)(1)(v)
[A] An employer shall not charge for an initial request for a copy of new information that has been added to a record which was previously provided; and 1910.1020(e)(1)(v)[A]
[B] An employer shall not charge for an initial request by a recognized or certified collective bargaining agent for a copy of an employee exposure record or an analysis using exposure or medical records. 1910.1020(e)(1)(v)[B]
(vi) Nothing in this section is intended to preclude employees and collective bargaining agents from collectively bargaining to obtain access to information in addition to that available under this section. 1910.1020(e)(1)(vi)
(2)
Employee and designated representative access 1910.1020(e)(2)
(i) Employee exposure records.1910.1020(e)(2)(i)
[A] Except as limited by paragraph (f) of this section, each employer shall, upon request, assure the access to each employee and designated representative to employee exposure records relevant to the employee. For the purpose of this section, an exposure record relevant to the employee consists of: 1910.1020(e)(2)(i)[A]
[1] A record which measures or monitors the amount of a toxic substance or harmful physical agent to which the employee is or has been exposed; 1910.1020(e)(2)(i)[A][1]
[2] In the absence of such directly relevant records, such records of other employees with past or present job duties or working conditions related to or similar to those of the employee to the extent necessary to reasonably indicate the amount and nature of the toxic substances or harmful physical agents to which the employee is or has been subjected, and 1910.1020(e)(2)(i)[A][2]
[3] Exposure records to the extent necessary to reasonably indicate the amount and nature of the toxic substances or harmful physical agents at workplaces or under working conditions to which the employee is being assigned or transferred. 1910.1020(e)(2)(i)[A][3]
[B] Requests by designated representatives for unconsented access to employee exposure records shall be in writing and shall specify with reasonable particularity: 1910.1020(e)(2)(i)[B]
[1] The records requested to be disclosed; and 1910.1020(e)(2)(i)[B][1]
[2] The occupational health need for gaining access to these records. 1910.1020(e)(2)(i)[B][2]
(ii) Employee medical records.1910.1020(e)(2)(ii)
[A] Each employer shall, upon request, assure the access of each employee to employee medical records of which the employee is the subject, except as provided in paragraph (e)(2)(ii)(D) of this section. 1910.1020(e)(2)(ii)[A]
[B] Each employer shall, upon request, assure the access of each designated representative to the employee medical records of any employee who has given the designated representative specific written consent. Appendix A to this section contains a sample form which may be used to establish specific written consent for access to employee medical records. 1910.1020(e)(2)(ii)[B]
[C] Whenever access to employee medical records is requested, a physician representing the employer may recommend that the employee or designated representative: 1910.1020(e)(2)(ii)[C]
[1] Consult with the physician for the purposes of reviewing and discussing the records requested, 1910.1020(e)(2)(ii)[C][1]
[2] Accept a summary of material facts and opinions in lieu of the records requested, or 1910.1020(e)(2)(ii)[C][2]
[3] Accept release of the requested records only to a physician or other designated representative. 1910.1020(e)(2)(ii)[C][3]
[D] Whenever an employee requests access to his or her employee medical records, and a physician representing the employer believes that direct employee access to information contained in the records regarding a specific diagnosis of a terminal illness or a psychiatric condition could be detrimental to the employee's health, the employer may inform the employee that access will only be provided to a designated representative of the employee having specific written consent, and deny the employee's request for direct access to this information only. Where a designated representative with specific written consent requests access to information so withheld, the employer shall assure the access of the designated representative to this information, even when it is known that the designated representative will give the information to the employee. 1910.1020(e)(2)(ii)[D]
[E] A physician, nurse, or other responsible health care personnel maintaining medical records may delete from requested medical records the identity of a family member, personal friend, or fellow employee who has provided confidential information concerning an employee's health status. 1910.1020(e)(2)(ii)[E]
(iii) Analyses using exposure or medical records.1910.1020(e)(2)(iii)
[A] Each employee shall, upon request, assure the access of each employee and designated representative to each analysis using exposure or medical records concerning the employee's working conditions or workplace. 1910.1020(e)(2)(iii)[A]
[B] Whenever access is requested to an analysis which reports the contents of employee medical records by either direct identifier (name, address, social security number, payroll number, etc.) or by information which could reasonably be used under the circumstances indirectly to identify specific employees (exact age, height, weight, race, sex, date of initial employment, job title, etc.), the employer shall assure that personal identifiers are removed before access is provided. If the employer can demonstrate that removal of personal identifiers from an analysis is not feasible, access to the personally identifiable portions of the analysis need not be provided. 1910.1020(e)(2)(iii)[B]
(3) OSHA access. 1910.1020(e)(3)
(i) Each employer shall, upon request, and without derogation of any rights under the Constitution or the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., that the employer chooses to exercise, assure the prompt access of representatives of the Assistant Secretary of Labor for Occupational Safety and Health to employee exposure and medical records and to analyses using exposure or medical records. Rules of agency practice and procedure governing OSHA access to employee medical records are contained in 29 CFR 1913.10. 1910.1020(e)(3)(i)
(ii) Whenever OSHA seeks access to personally identifiable employee medical information by presenting to the employer a written access order pursuant to 29 CFR 1913.10(d), the employer shall prominently post a copy of the written access order and its accompanying cover letter for at least fifteen (15) working days. 1910.1020(e)(3)(ii)
(f) Trade secrets. (1)-(13) 1910.1020(f)
(g) Employee information. 1910.1020(g)
(1) Upon an employee's first entering into employment, and at least annually thereafter, each employer shall inform current employees covered by this section of the following: 1910.1020(g)(1)
(i) The existence, location, and availability of any records covered by this section; 1910.1020(g)(1)(i)
(ii) The person responsible for maintaining and providing access to records; and 1910.1020(g)(1)(ii)
(iii) Each employee's rights of access to these records. 1910.1020(g)(1)(iii)
(2) Each employer shall keep a copy of this section and its appendices, and make copies readily available, upon request, to employees. The employer shall also distribute to current employees any informational materials concerning this section which are made available to the employer by the Assistant Secretary of Labor for Occupational Safety and Health. 1910.1020(g)(2)
(h) Transfer of records. (1)-(2) 1910.1020(h)
(i) Appendices. 1910.1020(i)
§1910.1025 Lead
(a) Scope and application. (1)-(2) 1910.1025(a)
(b) Definitions.
Action level means employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter of air (30 µg/m3) averaged over an 8-hour period.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee. Director means the Director, National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health, Education, and Welfare, or designee.
Lead means metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.
(2) If an employee is exposed to lead 1910.1025(c)(2)
(3) When respirators are used to supplement engineering and work practice controls to comply with the PEL and all the requirements of paragraph (f) have been met, employee exposure, for the purpose of determining whether the employer has complied with the PEL, may be considered to be at the level provided by the protection factor of the respirator for those periods the respirator is worn. Those periods may be averaged with exposure levels during periods when respirators are not worn to determine the employee's daily TWA exposure. 1910.1025(c)(3)
(d) Exposure monitoring — 1910.1025(d)
(1) General. 1910.1025(d)(1)
(i) For the purposes of paragraph (d), employee exposure is that exposure which would occur if the employee were not using a respirator. 1910.1025(d)(1)(i)
(ii) With the exception of monitoring 1910.1025(d)(1)(ii)
(iii) Full shift personal samples 1910.1025(d)(1)(iii)
(2) Initial determination. 1910.1025(d)(2)
(3) Basis of initial determination. (i)-(iii) 1910.1025(d)(3)
(4) Positive initial determination and initial monitoring. (i)-(ii) 1910.1025(d)(4)
(1) Engineering and work practice controls. (i)-(ii) 1910.1025(e)(1)
(2) Respiratory protection. Where engineering and work practice controls do not reduce employee exposure to or below the 50 µg/ m3 permissible exposure limit, the employer shall supplement these controls with respirators in accordance with paragraph (f). 1910.1025(e)(2)
(1) General. For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during: 1910.1025(f)(1)
(i) Periods necessary to install or implement engineering or work- practice controls. 1910.1025(f)(1)(i)
(ii) Work operations for which engineering and work-practice controls are not sufficient to reduce employee exposures to or below the permissible exposure limit. 1910.1025(f)(1)(ii)
(iii) Periods when an employee requests a respirator. 1910.1025(f)(1)(iii)
(2) Respirator program. 1910.1025(f)(2)
(i) The employer must implement a respiratory protection program in accordance with §1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator. 1910.1025(f)(2)(i)
(ii) If an employee has breathing difficulty 1910.1025(f)(2)(ii)
(3) Respirator selection. 1910.1025(f)(3)
(i) Employers must:1910.1025(f)(3)(i)
[A] Select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134. 1910.1025(f)(3)(i)[A]
[B] Provide employees with full facepiece respirators 1910.1025(f)(3)(i)[B]
[C] Provide HEPA filters 1910.1025(f)(3)(i)[C]
(ii) Employers must provide 1910.1025(f)(3)(ii)
(g) Protective work clothing and equipment — 1910.1025(g)
(1) Provision and use. If an employee is exposed to lead above the PEL, without regard to the use of respirators or where the possibility of skin or eye irritation exists, the employer shall provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment such as, but not limited to: 1910.1025(g)(1)
(i) Coveralls or similar full-body work clothing;1910.1025(g)(1)(i)
(ii) Gloves, hats, and shoes or disposable shoe coverlets; and 1910.1025(g)(1)(ii)
(iii) Face shields, vented goggles, or other appropriate protective equipment which complies with §1910.133 of this Part. 1910.1025(g)(1)(iii)
(2) Cleaning and replacement. 1910.1025(g)(2)
(i) The employer shall provide the protective clothing required in paragraph (g)(1) of this section in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 µg/m3 of lead as an 8-hour TWA. 1910.1025(g)(2)(i)
(ii) The employer shall provide for the cleaning, laundering, or disposal of protective clothing and equipment required by paragraph (g)(1) of this section. 1910.1025(g)(2)(ii)
(iii) The employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness. 1910.1025(g)(2)(iii)
(iv) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms provided for that purpose as prescribed in paragraph (i)(2) of this section. 1910.1025(g)(2)(iv)
(v) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change-room which prevents dispersion of lead outside the container.
1910.1025(g)(2)(v)
(vi) The employer shall inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead. 1910.1025(g)(2)(vi)
(vii) Labeling of contaminated protective clothing and equipment. 1910.1025(g)(2)(vii)
[A] The employer shall ensure that labels of bags or containers of contaminated protective clothing and equipment include the following information: 1910.1025(g)(2)(vii)[A]
DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.
[B] Prior to June 1, 1910.1025(g)(2)(vii)[B]
(viii) The employer shall prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air. 1910.1025(g)(2)(viii)
(h) Housekeeping — 1910.1025(h)
(1) Surfaces. All surfaces shall be maintained as free as practicable of accumulations of lead. 1910.1025(h)(1)
(2) Cleaning floors. 1910.1025(h)(2)
(i) Floors and other surfaces where lead accumulates may not be cleaned by the use of compressed air. 1910.1025(h)(2)(i)
(ii) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective. 1910.1025(h)(2)(ii)
(3) Vacuuming. Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner which minimizes the reentry of lead into the workplace. 1910.1025(h)(3)
(i) Hygiene facilities and practices. 1910.1025(i)
(1) The employer shall assure that in areas where employees are exposed to lead above the PEL, without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in change rooms, lunchrooms, and showers required under paragraphs (i)(2) through (i)(4) of this section. 1910.1025(i)(1)
(2) Change rooms. (i)-(ii) 1910.1025(i)(2)
(3) Showers. (i)-(iii) 1910.1025(i)(3)
(4) Lunchrooms. (i)-(iv) 1910.1025(i)(4)
(5) Lavatories. The employer shall provide an adequate number of lavatory facilities which comply with §1910.141(d)(1) and (2) of this part. 1910.1025(i)(5)
(j) Medical surveillance — 1910.1025(j)
(1) General. 1910.1025(j)(1)
(i) The employer shall institute a medical surveillance program for all employees who are or may be exposed at or above the action level for more than 30 days per year. 1910.1025(j)(1)(i)
(ii) The employer shall assure 1910.1025(j)(1)(ii)
(iii) The employer shall provide 1910.1025(j)(1)(iii)
(2) Biological monitoring — 1910.1025(j)(2)
(i) Blood lead and ZPP level sampling and analysis. The employer shall make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under paragraph (j)(1)(i) of this section on the following schedule: [A][C] 1910.1025(j)(2)(i)
(ii) Follow-up blood sampling tests. 1910.1025(j)(2)(ii)
(iii) Accuracy of blood lead level sampling and analysis. 1910.1025(j)(2)(iii)
(3) Medical examinations and consultations — (i)-(vi) 1910.1025(j)(3)
(4) Chelation. (i)-(ii) 1910.1025(j)(4)
(k) Medical Removal Protection — (1)-(2) 1910.1025(k)
(l) Employee information and training — (1)-(2) 1910.1025(l)
(m) Communication of hazards — 1910.1025(m)
(1) Hazard communication — general. (i)-(iii) 1910.1025(m)(1)
(2) Signs. 1910.1025(m)(2)
(i) The employer shall post the following warning signs in each work area where the PEL is exceeded: 1910.1025(m)(2)(i)
DANGER
LEAD
MAY DAMAGE FERTILITY OR THE UNBORN CHILD CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA
(ii) The employer shall ensure that no statement 1910.1025(m)(2)(ii)
(iii) The employer shall ensure that signs 1910.1025(m)(2)(iii)
(iv) The employer may use signs 1910.1025(m)(2)(iv)
(v) Prior to June 1,
(n) Recordkeeping — 1910.1025(n)
(1) Exposure monitoring. 1910.1025(n)(1)
(i) The employer shall establish and maintain an accurate record of all monitoring required in paragraph (d) of this section. 1910.1025(n)(1)(i)
(ii) This record shall include: [A]-[E] 1910.1025(n)(1)(ii)
(iii) The employer shall maintain 1910.1025(n)(1)(iii)
(2) Medical surveillance. 1910.1025(n)(2)
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by paragraph (j) of this section. 1910.1025(n)(2)(i)
(ii) This record shall include: [A]-[D] 1910.1025(n)(2)(ii)
(iii) The employer shall keep, [A]-[C] 1910.1025(n)(2)(iii)
(iv) The employer shall maintain or assure 1910.1025(n)(2)(iv) (3) Medical removals. 1910.1025(n)(3)
(i) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to paragraph (k) of this section. 1910.1025(n)(3)(i)
(ii) Each record shall include: [A]-[D] 1910.1025(n)(3)(ii)
(iii) The employer shall maintain 1910.1025(n)(3)(iii)
(4) Availability. (i)-(ii) 1910.1025(n)(4)
(5) Transfer of records. (i)-(ii) 1910.1025(n)(5) (o) Observation of monitoring — (1)-(2) 1910.1025(o) (p) Appendices. 1910.1025(p)
§1910.1030 Bloodborne pathogens
Safety STOP: OSHA expects products such as discarded sanitary napkins to be discarded into waste containers that are lined in such a way as to prevent contact with the contents. But at the same time, the employer must determine if employees can come into contact with blood during the normal handling of such products from initial pick-up through disposal in the outgoing trash. [OSHA Letter of Interpretation02/01/93; Most]
Safety STOP: Teachers are not covered by the Standard unless they are designated as responsible for rendering first-aid or medical assistance should the need arise or have other occupational exposure. If the teacher's only exposure is as a result of a designated first-aider, the vaccine may be offered following the teacher's involvement in a first-aid incident. [OSHA Letter of Interpretation - 10/19/93; Petri]
Safety STOP: Employers in the hotel/motel industry must take into account all circumstances of potential exposure and determine which, if any, employees may come into contact with blood or other potentially infectious materials during the normal cleaning of rooms, stripping of beds, and handling of laundry from initial pick-up through laundering. Employees who handle, for example, linens soiled with urine that contains visible blood would be occupationally exposed. The employer may designate specific employees to perform the tasks and procedures, if any, that involve occupational exposure and train other employees to defer such tasks to employees designated to perform them. [OSHA Letter of Interpretation - 01/26/93; Frank]
Safety STOP: OSHA does not generally consider maintenance personnel and janitorial staff employed in non-health care facilities to have occupational exposure. However, it is the employer's responsibility to determine occupational exposure. If OSHA determines that sufficient evidence of reasonably anticipated exposure exists, the employer will be held responsible for providing the protections of the Bloodborne Pathogens Standard to the employees with occupational exposure. [OSHA Letter of Interpretation - 02/01/93; Most]
(a) Scope and Application. This section applies to all occupational exposure to blood or other potentially infectious materials as defined by paragraph (b) of this section.1910.1030(a)
Letter of Interpretation (LOI) Stop: Feminine hygiene products as regulated waste OSHA does not generally consider discarded feminine hygiene products, used to absorb menstrual flow, to fall within the definition of regulated waste
Letter of Interpretation (LOI) Stop: Bloodborne pathogens standard's relationship to employees who perform maintenance operations Plumbers performing repairs on pipes or drains in laboratories, operating rooms, or mortuaries may have occupational exposure to blood or other potentially infectious materials. If OSHA determines, on a case by case basis, that sufficient evidence of reasonably anticipated exposure exists, the employer will be held responsible for providing the protections of the standard to employees with occupational exposure.
Letter of Interpretation (LOI) Stop: Bloodborne pathogens standard's relationship to housekeepers and laundry attendants in a hotel environment Employers in the hotel industry must, then, take into account all circumstances of potential exposure and determine which, if any employees may come into contact with blood or OPIM [other potentially infectious materials] during the normal handling of laundry. For compliance purposes, if OSHA determines, that sufficient evidence exists of reasonably anticipated exposure, the employer will be held responsible for providing the protections of 29 CFR 1910.1030
(b) Definitions. For purposes of this section, the following shall apply:
Bloodborne Pathogens means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
Contaminated means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.
Contaminated Sharps means any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, broken capillary tubes, and exposed ends of dental wires.
Decontamination means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
Engineering controls means controls (e.g., sharps disposal containers, self-sheathing needles, safer medical devices, such as sharps with engineered sharps injury protections and needleless systems) that isolate or remove the bloodborne pathogens hazard from the workplace.
Exposure Incident means a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties.
Handwashing facilities means a facility providing an adequate supply of running potable water, soap, and single-use towels or air-drying machines.
Needleless systems means a device that does not use needles for:
(1) The collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established;
(2) The administration of medication or fluids; or
(3) Any other procedure involving the potential for occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps.
Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties.
Other Potentially Infectious Materials means
(1) The following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids;
(2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and
(3) HIV-containing cell or tissue cultures, organ cultures, and HIVor HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.
Parenteral means piercing mucous membranes or the skin barrier through such events as needlesticks, human bites, cuts, and abrasions.
Personal Protective Equipment is specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g., uniforms, pants, shirts or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment.
Universal Precautions is an approach to infection control. According to the concept of Universal Precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other bloodborne pathogens.
Work Practice Controls means controls that reduce the likelihood of exposure by altering the manner in which a task is performed (e.g., prohibiting recapping of needles by a two-handed technique).
(c) Exposure control — 1910.1030(c)
(1) Exposure Control Plan. 1910.1030(c)(1)
(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. 1910.1030(c)(1)(i)
(ii) The Exposure Control Plan [A]-[C] 1910.1030(c)(1)(ii)
(iii) Each employer shall ensure that a copy 1910.1030(c)(1)(iii)
(iv) The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures which affect occupational exposure and to reflect new or revised employee positions with occupational exposure. The review and update of such plans shall also: 1910.1030(c)(1)(iv)
[A] Reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens; and 1910.1030(c)(1)(iv)[A]
[B] Document annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure. 1910.1030(c)(1)(iv)[B]
(v) An employer, 1910.1030(c)(1)(v)
(vi) The Exposure Control Plan 1910.1030(c)(1)(vi)
(2) Exposure determination. 1910.1030(c)(2)
(i) Each employer who has an employee(s) with occupational exposure as defined by paragraph (b) of this section shall prepare an exposure determination. This exposure determination shall contain the following: 1910.1030(c)(2)(i)
[A] A list of all job classifications in which all employees in those job classifications have occupational exposure; 1910.1030(c)(2)(i)[A]
[B] A list of job classifications in which some employees have occupational exposure, and 1910.1030(c)(2)(i)[B]
[C] A list of all tasks and procedures or groups of closely related task and procedures in which occupational exposure occurs and that are performed by employees in job classifications listed in accordance with the provisions of paragraph (c)(2)(i)(B) of this standard. 1910.1030(c)(2)(i)[C]
(ii) This exposure determination shall be made without regard to the use of personal protective equipment. 1910.1030(c)(2)(ii)
(d) Methods of compliance — 1910.1030(d)
(1) General. Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials. 1910.1030(d)(1)
(2) Engineering and work practice controls. 1910.1030(d)(2)
(i) Engineering and work practice controls shall be used to eliminate or minimize employee exposure. Where occupational exposure remains after institution of these controls, personal protective equipment shall also be used. 1910.1030(d)(2)(i)
(ii) Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectiveness. 1910.1030(d)(2)(ii)
(iii) Employers shall provide handwashing facilities which are readily accessible to employees. 1910.1030(d)(2)(iii)
Letter of Interpretation (LOI) Stop: Bloodborne pathogens: Hand washing facilities must be readily accessible Facilities for proper hand washing need to be readily available in all areas where occupational exposure to bloodborne pathogens is anticipated. Exam rooms where procedures are limited to taking blood pressures and temperatures or other simple non-invasive procedures, would not require hand washing facilities, or even gloves.
§1910.1030
(iv) When provision of handwashing facilities is not feasible, the employer shall provide either an appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic hand cleansers or towelettes are used, hands shall be washed with soap and running water as soon as feasible. 1910.1030(d)(2)(iv)
(v) Employers shall ensure that employees wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment. 1910.1030(d)(2)(v)
(vi) Employers shall ensure that employees wash hands and any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or other potentially infectious materials. 1910.1030(d)(2)(vi)
(vii) Contaminated needles and other contaminated sharps [A]-[B] 1910.1030(d)(2)(vii)
(viii) Immediately or as soon as possible after use, contaminated reusable sharps shall be placed in appropriate containers until properly reprocessed. These containers shall be: 1910.1030(d)(2)(viii)
[B] Labeled or color-coded in accordance with this standard; 1910.1030(d)(2)(viii)[B]
[C] Leakproof on the sides and bottom; and 1910.1030(d)(2)(viii)[C]
[D] In accordance with the requirements set forth in paragraph (d)(4)(ii)(E) for reusable sharps. 1910.1030(d)(2)(viii)[D]
(ix) Eating, drinking, smoking, applying cosmetics or 1910.1030(d)(2)(ix)
(x) Food and drink shall not be kept in refrigerators, freezers, 1910.1030(d)(2)(x)
(xi) All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances. 1910.1030(d)(2)(xi)
(xii) Mouth pipetting/suctioning of blood or other potentially infectious materials is prohibited. 1910.1030(d)(2)(xii)
(xiii) Specimens of blood or other potentially infectious materials [A]-[C] 1910.1030(d)(2)(xiii)
(xiv) Equipment which may become contaminated with blood [A]-[B] 1910.1030(d)(2)(xiv)
(3) Personal protective equipment — 1910.1030(d)(3)
Letter of Interpretation (LOI) Stop: PPE is required only when there is anticipated exposure to bloodborne pathogens Personal protective equipment is required only when there is reasonably anticipated exposure to blood or other potentially infectious materials.
(i) Provision. When there is occupational exposure, the employer shall provide, at no cost to the employee, appropriate personal protective equipment such as, but not limited to, gloves, gowns, laboratory coats, face shields or masks and eye protection, and mouthpieces, resuscitation bags, pocket masks, or other ventilation devices. Personal protective equipment will be considered "appropriate" only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used. 1910.1030(d)(3)(i)
(ii) Use. 1910.1030(d)(3)(ii)
(iii) Accessibility. 1910.1030(d)(3)(iii)
(iv) Cleaning, Laundering, and Disposal. The employer shall clean, launder, and dispose of personal protective equipment required by paragraphs (d) and (e) of this standard, at no cost to the employee. 1910.1030(d)(3)(iv)
(v) Repair and Replacement. 1910.1030(d)(3)(v)
(vi) If a garment(s) is penetrated by blood or other potentially infectious materials, the garment(s) shall be removed immediately or as soon as feasible. 1910.1030(d)(3)(vi)
(vii) All personal protective equipment 1910.1030(d)(3)(vii)
(viii) When personal protective equipment is removed 1910.1030(d)(3)(viii)
(ix) Gloves. [A]-[D] 1910.1030(d)(3)(ix)
(x) Masks, Eye Protection, and Face Shields. 1910.1030(d)(3)(x)
(xi) Gowns, Aprons, and Other Protective Body Clothing. 1910.1030(d)(3)(xi)
(xii) Surgical caps or hoods and/or shoe covers or boots 1910.1030(d)(3)(xii)
(4) Housekeeping — 1910.1030(d)(4)
(i) General. Employers shall ensure that the worksite is maintained in a clean and sanitary condition. The employer shall determine and implement an appropriate written schedule for cleaning and method of decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present, and tasks or procedures being performed in the area. 1910.1030(d)(4)(i)
(ii) All equipment and environmental and working surfaces shall be cleaned and decontaminated after contact with blood or other potentially infectious materials. 1910.1030(d)(4)(ii)
[A] Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of procedures; immediately or as soon as feasible when surfaces are overtly contaminated or after any spill of blood or other potentially infectious materials; and at the end of the work shift if the surface may have become contaminated since the last cleaning. 1910.1030(d)(4)(ii)[A]
[B] Protective coverings, such as plastic wrap, aluminum foil, or imperviously-backed absorbent paper used to cover equipment and environmental surfaces, shall be removed and replaced as soon as feasible when they become overtly contaminated or at the end of the workshift if they may have become contaminated during the shift. 1910.1030(d)(4)(ii)[B]
[C] All bins, pails, cans, and similar receptacles intended for reuse which have a reasonable likelihood for becoming contaminated with blood or other potentially infectious materials shall be inspected and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately or as soon as feasible upon visible contamination. 1910.1030(d)(4)(ii)[C]
[D] Broken glassware which may be contaminated shall not be picked up directly with the hands. It shall be cleaned up using mechanical means, such as a brush and dust pan, tongs, or forceps. 1910.1030(d)(4)(ii)[D]
[E] Reusable sharps that are contaminated with blood or other potentially infectious materials shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed. 1910.1030(d)(4)(ii)[E]
(iii) Regulated Waste — 1910.1030(d)(4)(iii)
[A] Contaminated Sharps Discarding and Containment. 1910.1030(d)(4)(iii)[A]
[1] Contaminated sharps shall be discarded immediately or as soon as feasible in containers that are: 1910.1030(d)(4)(iii)[A][1]
[iii] Leakproof on sides and bottom; and 1910.1030(d)(4)(iii)[A][1][iii]
[iv] Labeled or color-coded in accordance with paragraph (g)(1)(i) of this standard. 1910.1030(d)(4)(iii)[A][1][iv]
[2] During use, [i]-[iii]
1910.1030(d)(4)(iii)[A][2]
[3] When moving containers [i]-[ii]
1910.1030(d)(4)(iii)[A][3]
[4] Reusable containers shall not be opened, 1910.1030(d)(4)(iii)[A][4]
[B] Other Regulated Waste Containment — [1]-[2]
1910.1030(d)(4)(iii)[B]
[C] Disposal of all regulated waste 1910.1030(d)(4)(iii)[C] (iv) Laundry.1910.1030(d)(4)(iv)
[A] Contaminated laundry shall be handled as little as possible with a minimum of agitation. 1910.1030(d)(4)(iv)[A]
[1] Contaminated laundry shall be bagged or containerized at the location where it was used and shall not be sorted or rinsed in the location of use. 1910.1030(d)(4)(iv)[A][1]
[2] Contaminated laundry shall be placed and transported in bags or containers labeled or colorcoded in accordance with paragraph (g)(1)(i) of this standard. When a facility utilizes Universal Precautions in the handling of all soiled laundry, alternative labeling or color-coding is sufficient if it permits all employees to recognize the containers as requiring compliance with Universal Precautions. 1910.1030(d)(4)(iv)[A][2]
[3] Whenever contaminated laundry is wet and presents a reasonable likelihood of soak-through of or leakage from the bag or container, the laundry shall be placed and transported in bags or containers which prevent soak-through and/or leakage of fluids to the exterior.
1910.1030(d)(4)(iv)[A][3]
[B] The employer shall ensure that employees 1910.1030(d)(4)(iv)[B]
[C] When a facility ships contaminated laundry 1910.1030(d)(4)(iv)[C]
(e) HIV and HBV Research Laboratories and Production Facilities. (1)-(5) 1910.1030(e)
(i) Standard microbiological practices. 1910.1030(e)(2)(i)
(ii) Special practices.1910.1030(e)(2)(ii)
[A] Laboratory doors shall be kept closed 1910.1030(e)(2)(ii)[A]
[B] Contaminated materials that are to be decontaminated 1910.1030(e)(2)(ii)[B]
[D] When other potentially infectious materials 1910.1030(e)(2)(ii)[D]
[E] All activities involving other potentially infectious materials 1910.1030(e)(2)(ii)[E]
[G] Special care shall be taken to avoid skin contact 1910.1030(e)(2)(ii)[G]
[H] Before disposal all waste from work areas 1910.1030(e)(2)(ii)[H]
[I] Vacuum lines shall be protected 1910.1030(e)(2)(ii)[I]
[J] Hypodermic needles and syringes 1910.1030(e)(2)(ii)[J]
[K] All spills shall be immediately contained 1910.1030(e)(2)(ii)[K]
[L] A spill or accident that results 1910.1030(e)(2)(ii)[L]
[M] A biosafety manual shall be prepared 1910.1030(e)(2)(ii)[M]
(iii) Containment equipment.1910.1030(e)(2)(iii)
[A] Certified biological safety cabinets (Class I, II, or III) or other appropriate combinations of personal protection or physical containment devices, such as special protective clothing, respirators, centrifuge safety cups, sealed centrifuge rotors, and containment caging for animals, shall be used for all activities with other potentially infectious materials that pose a threat of exposure to droplets, splashes, spills, or aerosols. 1910.1030(e)(2)(iii)[A]
(f) Hepatitis B vaccination and post-exposure evaluation and follow-up — 1910.1030(f)
(1) General. 1910.1030(f)(1)
(i) The employer shall make available the hepatitis B vaccine and vaccination series to all employees who have occupational exposure, and post-exposure evaluation and follow-up to all employees who have had an exposure incident. 1910.1030(f)(1)(i)
(ii) The employer shall ensure that all medical evaluations [A]-[D] 1910.1030(f)(1)(ii)
(iii) The employer shall ensure that all laboratory tests 1910.1030(f)(1)(iii)
(2) Hepatitis B Vaccination. 1910.1030(f)(2)
(i) Hepatitis B vaccination shall be made available after the employee has received the training required in paragraph (g)(2)(vii)(I) and within 10 working days of initial assignment to all employees who have occupational exposure unless the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons. 1910.1030(f)(2)(i)
(ii) The employer shall not make participation in a prescreening 1910.1030(f)(2)(ii)
(iii) If the employee initially declines hepatitis B vaccination 1910.1030(f)(2)(iii)
(iv) The employer shall assure that employees who decline to accept hepatitis B vaccination offered by the employer sign the statement in appendix A. 1910.1030(f)(2)(iv)
(v) If a routine booster dose(s) of hepatitis B vaccine 1910.1030(f)(2)(v)
(3) Post-exposure Evaluation and Follow-up. Following a report of an exposure incident, the employer shall make immediately available to the exposed employee a confidential medical evaluation and follow-up, including at least the following elements: (i)-
(vi) 1910.1030(f)(3)
(4) Information Provided to the Healthcare Professional. (i)-(ii) 1910.1030(f)(4)
(5) Healthcare Professional's Written Opinion. The employer shall obtain and provide the employee with a copy of the evaluating healthcare professional's written opinion within 15 days of the completion of the evaluation. (i)-(iii) 1910.1030(f)(5)
(6) Medical recordkeeping. 1910.1030(f)(6)
(g) Communication of hazards to employees — 1910.1030(g) (1) Labels and signs — 1910.1030(g)(1)
(i) Labels.1910.1030(g)(1)(i)
[A] Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or other potentially infectious material; and other containers used to store, transport or ship blood or other potentially infectious materials, except as provided in paragraph (g)(1)(i)(E), (F) and (G). 1910.1030(g)(1)(i)[A]
[B] Labels required by this section shall include the following legend: 1910.1030(g)(1)(i)[B]
[C] These labels shall be fluorescent orange or orangered or predominantly so, with lettering and symbols in a contrasting color. 1910.1030(g)(1)(i)[C]
[D] Labels shall be affixed as close as feasible to the container 1910.1030(g)(1)(i)[D]
[E] Red bags or red containers may be substituted for labels.1910.1030(g)(1)(i)[E]
[F] Containers of blood, blood components, or blood products 1910.1030(g)(1)(i)[F]
[G] Individual containers of blood or other potentially 1910.1030(g)(1)(i)[G]
[H] Labels required for contaminated equipment shall be 1910.1030(g)(1)(i)[H]
[I] Regulated waste that has been decontaminated 1910.1030(g)(1)(i)[I]
(ii) Signs.1910.1030(g)(1)(ii)
[A] The employer shall post signs at the entrance to work areas specified in paragraph (e), HIV and HBV Research Laboratory and Production Facilities, which shall bear the following legend: 1910.1030(g)(1)(ii)[A]
(Name of the Infectious Agent)
(Special requirements for entering the area)
(Name, telephone number of the laboratory director or other responsible person.)
[B] These signs shall be fluorescent orange-red 1910.1030(g)(1)(ii)[B]
(2) Information and Training. 1910.1030(g)(2)
(i) The employer shall train each employee with occupational exposure in accordance with the requirements of this section. Such training must be provided at no cost to the employee and during working hours. The employer shall institute a training program and ensure employee participation in the program. 1910.1030(g)(2)(i)
(ii) Training shall be provided as follows:1910.1030(g)(2)(ii)
[A] At the time of initial assignment to tasks where occupational exposure may take place; 1910.1030(g)(2)(ii)[A]
[B] At least annually thereafter. 1910.1030(g)(2)(ii)[B]
(iii) [Reserved] 1910.1030(g)(2)(iii)
(iv) Annual training for all employees 1910.1030(g)(2)(iv)
(v) Employers shall provide additional training when changes 1910.1030(g)(2)(v)
(vi) Material appropriate in content and vocabulary 1910.1030(g)(2)(vi)
(vii) The training program shall contain at a minimum the following elements: 1910.1030(g)(2)(vii)
[A] An accessible copy of the regulatory text 1910.1030(g)(2)(vii)[A]
[B] A general explanation of the epidemiology 1910.1030(g)(2)(vii)[B]
[C] An explanation of the modes of transmission 1910.1030(g)(2)(vii)[C]
[D] An explanation of the employer's exposure 1910.1030(g)(2)(vii)[D]
Appendix A Succinct General Industry Regulations and Standards
[E] An explanation of the appropriate methods 1910.1030(g)(2)(vii)[E]
[F] An explanation of the use and limitations 1910.1030(g)(2)(vii)[F]
[G] Information on the types, 1910.1030(g)(2)(vii)[G]
[H] An explanation of the basis for selection 1910.1030(g)(2)(vii)[H]
[I] Information on the hepatitis B vaccine, 1910.1030(g)(2)(vii)[I]
[J] Information on the appropriate actions to take 1910.1030(g)(2)(vii)[J]
[K] An explanation of the procedure to follow 1910.1030(g)(2)(vii)[K]
[L] Information on the post-exposure evaluation 1910.1030(g)(2)(vii)[L]
[M] An explanation of the signs and labels 1910.1030(g)(2)(vii)[M]
[N] An opportunity for interactive questions 1910.1030(g)(2)(vii)[N]
(viii) The person conducting the training 1910.1030(g)(2)(viii)
(ix) Additional Initial Training for Employees in HIV and HBV Laboratories [A]-[C] 1910.1030(g)(2)(ix)
(h) Recordkeeping — 1910.1030(h)
(1) Medical Records. 1910.1030(h)(1)
(i) The employer shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with 29 CFR 1910.1020. 1910.1030(h)(1)(i)
(ii) This record shall include: [A]-[E] 1910.1030(h)(1)(ii)
(iv) The employer shall maintain the records 1910.1030(h)(1)(iv)
(2) Training Records. 1910.1030(h)(2)
(i) Training records shall include the following information: 1910.1030(h)(2)(i)
[A] The dates of the training sessions; 1910.1030(h)(2)(i)[A]
[B] The contents or a summary of the training sessions; 1910.1030(h)(2)(i)[B]
[C] The names and qualifications of persons conducting the training; and 1910.1030(h)(2)(i)[C]
[D] The names and job titles of all persons attending the training sessions. 1910.1030(h)(2)(i)[D]
(ii) Training records shall be maintained for 3 years from the date on which the training occurred. 1910.1030(h)(2)(ii)
(3) Availability. (i)-(iii) 1910.1030(h)(3)
(4) Transfer of Records. 1910.1030(h)(4)
(5) Sharps injury log. 1910.1030(h)(5)
Safety STOP: Employers may use the OSHA 300 Log and 301 Form to meet the Sharps Injury Log requirement of §1910.1030(h)(5) if the employer: Enters the type and brand of the device causing the sharps injury on the log, and Maintains the records in a way that segregates sharps injuries from other types of work-related injuries and illnesses, or allows sharps injuries to be easily separated Don't forget, an injury with a sharp contaminated with another person's blood is a privacy concern case. Therefore, you may not enter the employee's name on the 300 Log. Instead, enter ”privacy case” in the space normally used for the employee's name. [OSHA Directive - CPL 02-00-131]
(i) The employer shall establish and maintain a sharps injury log for the recording of percutaneous injuries from contaminated sharps. The information in the sharps injury log shall be recorded and maintained in such manner as to protect the confidentiality of the injured employee. The sharps injury log shall contain, at a minimum: 1910.1030(h)(5)(i)
[A] The type and brand of device involved in the incident, 1910.1030(h)(5)(i)[A]
[B] The department or work area where the exposure incident occurred, and 1910.1030(h)(5)(i)[B]
[C] An explanation of how the incident occurred. 1910.1030(h)(5)(i)[C]
(ii) The requirement to establish and maintain a sharps injury log shall apply to any employer who is required to maintain a log of occupational injuries and illnesses under 29 CFR part 1904. 1910.1030(h)(5)(ii)
(iii) The sharps injury log 1910.1030(h)(5)(iii)
1 Editor's Note: Federal Register 1218-AC67 dated May 14, 2019, specified the removal of the words "social security number" where it appears in 1910.1030(h). The eCFR is not currently reflecting this change.
(i) Dates — (1)-(4) 1910.1030(i)
Appendix A to §1910.1030 — Hepatitis B Vaccine Declination (Mandatory)
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.
§1910.1200 Hazard communication
(a) Purpose. 1910.1200(a)
(1) The purpose of this section is to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees. The requirements of this section are intended to be consistent with the provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Revision 3. The transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, safety data sheets and employee training. 1910.1200(a)(1)
(2) This occupational safety and health standard is intended to address comprehensively the issue of classifying the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, and to preempt any legislative or regulatory enactments of a state, or political subdivision of a state, pertaining to this subject. Classifying the potential hazards of chemicals and communicating information concerning hazards and appropriate protective measures to employees, may include, for example, but is not limited to, provisions for: developing and maintaining a written hazard communication program for the workplace, including lists of hazardous chemicals present; labeling of containers of chemicals in the workplace, as well as of containers of chemicals being shipped to other workplaces; preparation and distribution of safety data sheets to employees and downstream employers; and development and implementation of employee training programs regarding hazards of chemicals and protective measures. Under section 18 of the Act, no state or political subdivision of a state may adopt or enforce any requirement relating to the issue addressed by this Federal standard, except pursuant to a Federally-approved state plan. 1910.1200(a)(2)
(b) Scope and application. (1)-(6) 1910.1200(b)
(1) This section requires chemical manufacturers or importers to classify the hazards of chemicals which they produce or import, and all employers to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers. (Employers who do not produce or import chemicals need only focus on those parts of this rule that deal with establishing a workplace program and communicating information to their workers.) 1910.1200(b)(1)
(2) This section applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency. 1910.1200(b)(2)
(3) This section applies to laboratories only as (i)-(iv) 1910.1200(b)(3)
(4) In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or retail sales), this section applies to these operations only as follows: 1910.1200(b)(4)
(i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; 1910.1200(b)(4)(i)
(ii) Employers shall maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests the safety data sheet, and shall ensure that the safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and, 1910.1200(b)(4)(ii)
(iii) Employers shall ensure that employees are provided with information and training in accordance with paragraph (h) of this section (except for the location and availability of the written hazard communication program under paragraph (h)(2)(iii) of this section), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container. 1910.1200(b)(4)(iii)
(6) This section does not apply to: 1910.1200(b)(6)
(i) Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency; 1910.1200(b)(6)(i)
(ii) Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with Environmental Protection Agency regulations. 1910.1200(b)(6)(ii)
(iii) Tobacco or tobacco products;1910.1200(b)(6)(iii)
(iv) Wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may be subsequently sawed or cut, generating dust, are not exempted); 1910.1200(b)(6)(iv)
(v) Articles (as that term is defined in paragraph (c) of this section); 1910.1200(b)(6)(v)
(vi) Food or alcoholic beverages which are sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, or drinking place), and foods intended for personal consumption by employees while in the workplace;
1910.1200(b)(6)(vi)
(vii) Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in solid, final form for direct administration to the patient (e.g., tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers in a retail establishment (e.g., over-the-counter drugs); and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies); 1910.1200(b)(6)(vii)
(viii) Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace; 1910.1200(b)(6)(viii)
(ix) Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended; 1910.1200(b)(6)(ix)
(x) Nuisance particulates where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered under this section; 1910.1200(b)(6)(x)
(xi) Ionizing and nonionizing radiation; and,1910.1200(b)(6)(xi)
Letter of Interpretation (LOI) Stop: Employer responsibility under Hazard Communication Each employer with employees exposed to hazardous chemicals must have a hazard communication program. Office workers who encounter hazardous chemicals only in isolated instances are not covered by the rule. OSHA considers most office products (such as pens, pencils, adhesive tape) to be exempt under the provisions of the rule, either as articles or as consumer products.
(xii) Biological hazards.1910.1200(b)(6)(xii)
(c) Definitions.
Article means a manufactured item other than a fluid or particle:
(i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and
(iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under paragraph (d) of this section), and does not pose a physical hazard or health risk to employees. Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name. Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers.
Employee means a worker who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies. Workers such as office workers or bank tellers who encounter hazardous chemicals only in non-routine, isolated instances are not covered.
Employer means a person engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.
Exposure or exposed means that an employee is subjected in the course of employment to a chemical that is a physical or health hazard, and includes potential (e.g., accidental or possible) exposure. "Subjected" in terms of health hazards includes any route of entry (e.g., inhalation, ingestion, skin contact or absorption.)
Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.
Hazard category means the division of criteria within each hazard class, e.g., oral acute toxicity and flammable liquids include four hazard categories. These categories compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally.
Hazard class means the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.
Hazard not otherwise classified (HNOC) means an adverse physical or health effect identified through evaluation of scientific evidence during the classification process that does not meet the specified criteria for the physical and health hazard classes addressed in this section. This does not extend coverage to adverse physical and health effects for which there is a hazard class addressed in this section, but the effect either falls below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).
Hazard statement means a statement assigned to a hazard class and category that describes the nature of the hazard(s) of a chemical, including, where appropriate, the degree of hazard.
Hazardous chemical means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified. Health hazard means a chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A to §1910.1200 — Health Hazard Criteria. Immediate use means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.
Label means an appropriate group of written, printed or graphic information elements concerning a hazardous chemical that is affixed to, printed on, or attached to the immediate container of a hazardous chemical, or to the outside packaging.
Label elements means the specified pictogram, hazard statement, signal word and precautionary statement for each hazard class and category.
Physical hazard means a chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); selfreactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water emits flammable gas. See Appendix B to §1910.1200 — Physical Hazard Criteria.
Pictogram means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the haz-
ards of a chemical. Eight pictograms are designated under this standard for application to a hazard category.
Precautionary statement means a phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling.
Product identifier means the name or number used for a hazardous chemical on a label or in the SDS. It provides a unique means by which the user can identify the chemical. The product identifier used shall permit cross-references to be made among the list of hazardous chemicals required in the written hazard communication program, the label and the SDS.
Responsible party means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
Safety data sheet (SDS) means written or printed material concerning a hazardous chemical that is prepared in accordance with paragraph (g) of this section.
Signal word means a word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label. The signal words used in this section are "danger" and "warning." "Danger" is used for the more severe hazards, while "warning" is used for the less severe.
Substance means chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurities deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
Use means to package, handle, react, emit, extract, generate as a byproduct, or transfer.
Work area means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.
Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas.
(d) Hazard classification. 1910.1200(d)
(1) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with this section. For each chemical, the chemical manufacturer or importer shall determine the hazard classes, and, where appropriate, the category of each class that apply to the chemical being classified. Employers are not required to classify chemicals unless they choose not to rely on the classification performed by the chemical manufacturer or importer for the chemical to satisfy this requirement. 1910.1200(d)(1)
(2) Chemical manufacturers, importers or employers classifying chemicals shall identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. There is no requirement to test the chemical to determine how to classify its hazards. Appendix A to §1910.1200 shall be consulted for classification of health hazards, and Appendix B to §1910.1200 shall be consulted for the classification of physical hazards. 1910.1200(d)(2)
(3) Mixtures. 1910.1200(d)(3)
(i) Chemical manufacturers, importers, or employers evaluating chemicals shall follow the procedures described in Appendices A and B to §1910.1200 to classify the hazards of the chemicals, including determinations regarding when mixtures of the classified chemicals are covered by this section. 1910.1200(d)(3)(i)
(ii) When classifying mixtures they produce or import, chemical manufacturers and importers of mixtures may rely on the information provided on the current safety data sheets of the individual ingredients, except where the chemical manufacturer or importer knows, or in the exercise of reasonable diligence should know, that the safety data sheet misstates or omits information required by this section. 1910.1200(d)(3)(ii)
(e) Written hazard communication program. 1910.1200(e)
(1) Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following: 1910.1200(e)(1)
(i) A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and, 1910.1200(e)(1)(i)
(ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas. 1910.1200(e)(1)(ii)
(2) Multi-employer workplaces. Employers who produce, use, or store hazardous chemicals at a workplace in such a way that the employees of other employer(s) may be exposed (for example, employees of a construction contractor working on-site) shall additionally ensure that the hazard communication programs developed and implemented under this paragraph (e) include the following: 1910.1200(e)(2)
(i) The methods the employer will use to provide the other employer(s) on-site access to safety data sheets for each hazardous chemical the other employer(s)' employees may be exposed to while working; 1910.1200(e)(2)(i)
(ii) The methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies; and, 1910.1200(e)(2)(ii)
(iii) The methods the employer will use to inform the other employer(s) of the labeling system used in the workplace. 1910.1200(e)(2)(iii)
(3) The employer may rely on an existing hazard communication program to comply with these requirements, provided that it meets the criteria established in this paragraph (e). 1910.1200(e)(3)
(4) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.20(e).
1910.1200(e)(4)
Editor's Note: The CFR refers to §1910.20(e), which is not in the current CFR publication. For further information on regulatory matters pertaining to written hazard communication programs, readers may benefit from reviewing §1910.1200(e).
(5) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the written hazard communication program may be kept at the primary workplace facility. 1910.1200(e)(5) (f) Labels and other forms of warning — 1910.1200(f)
(1) Labels on shipped containers. The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked. Hazards not otherwise classified do not have to be addressed on the container. Where the chemical manufacturer or importer is required to label, tag or mark the following information shall be provided: 1910.1200(f)(1)
(i) Product identifier;1910.1200(f)(1)(i) (ii) Signal word;1910.1200(f)(1)(ii) (iii) Hazard statement(s);1910.1200(f)(1)(iii) (iv) Pictogram(s);1910.1200(f)(1)(iv) (v) Precautionary statement(s); and,1910.1200(f)(1)(v) (vi) Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party.
1910.1200(f)(1)(vi)
(2) The chemical manufacturer, importer, or distributor
1910.1200(f)(2)
(3) The chemical manufacturer, 1910.1200(f)(3)
(4) Solid materials. (i)-(iii) 1910.1200(f)(4)
(5) Chemical manufacturers, 1910.1200(f)(5)
(6) Workplace labeling. Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with either: 1910.1200(f)(6)
(i) The information specified under paragraphs (f)(1)(i) through (v) of this section for labels on shipped containers; or, 1910.1200(f)(6)(i)
(ii) Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical. 1910.1200(f)(6)(ii)
(7) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (f)(6) of this section to be on a label. The
employer shall ensure the written materials are readily accessible to the employees in their work area throughout each work shift. 1910.1200(f)(7)
(8) The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. For purposes of this section, drugs which are dispensed by a pharmacy to a health care provider for direct administration to a patient are exempted from labeling. 1910.1200(f)(8)
(9) The employer shall not remove or deface 1910.1200(f)(9)
(10) The employer shall ensure that workplace labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. 1910.1200(f)(10)
(11) Chemical manufacturers, 1910.1200(f)(11)
(g) Safety data sheets. 1910.1200(g)
(1) Chemical manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers shall have a safety data sheet in the workplace for each hazardous chemical which they use. 1910.1200(g)(1)
(2) The chemical manufacturer or importer preparing the safety data sheet shall ensure that it is in English (although the employer may maintain copies in other languages as well), and includes at least the following section numbers and headings, and associated information under each heading, in the order listed (See Appendix D to §1910.1200 — Safety Data Sheets, for the specific content of each section of the safety data sheet):
(xiii) Section 13, Disposal considerations; 1910.1200(g)(2)(xiii) (xiv) Section 14, Transport information; 1910.1200(g)(2)(xiv) (xv) Section 15, Regulatory information; and 1910.1200(g)(2)(xv) (xvi) Section 16, Other information, including date of preparation or last revision. 1910.1200(g)(2)(xvi)
Note 1 to paragraph (g)(2): To be consistent with the GHS, an SDS must also include the headings in paragraphs (g)(2)(xii) through (g)(2)(xv) in order.
Note 2 to paragraph (g)(2): OSHA will not be enforcing information requirements in sections 12 through 15, as these areas are not under its jurisdiction.
(3) If no relevant information is found 1910.1200(g)(3)
(4) Where complex mixtures have similar hazards and contents 1910.1200(g)(4)
(5) The chemical manufacturer, importer or employer preparing the safety data sheet shall ensure that the information provided accurately reflects the scientific evidence used in making the hazard classification. If the chemical manufacturer, importer or employer preparing the safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the safety data sheet within three months. If the chemical is not currently being produced or imported, the chemical manufacturer or importer shall add the information to the safety data sheet before the chemical is introduced into the workplace again. 1910.1200(g)(5)
(6) (i) Chemical manufacturers or importers shall ensure that distributors and employers are provided an appropriate safety data sheet with their initial shipment, and with the first shipment after a safety data sheet is updated; 1910.1200(g)(6)(i)
(ii) The chemical manufacturer or importer 1910.1200(g)(6)(ii)
(iii) If the safety data sheet 1910.1200(g)(6)(iii)
(iv) The chemical manufacturer or importer 1910.1200(g)(6)(iv)
(7) (i) Distributors shall ensure that material data sheets, and updated information, are provided to other distributors and employers with their initial shipment and with the first shipment after a safety data sheet is updated; 1910.1200(g)(7)(i)
(ii) The distributor shall either provide safety data sheets with the shipped containers, or send them to the other distributor or employer prior to or at the time of the shipment; 1910.1200(g)(7)(ii)
(v) If an employer without a commercial account 1910.1200(g)(7)(v)
(vi) Wholesale distributors shall also provide 1910.1200(g)(7)(vi)
(vii) Chemical manufacturers, importers, and distributors 1910.1200(g)(7)(vii)
Letter of Interpretation (LOI) Stop: Distributors of hazardous chemicals must provide [material] safety data sheets ([M]SDS) and updated information to other distributors and employers. Retail distributors must provide [M]SDS upon request, and must post a sign or otherwise inform employers that an [M]SDS is available. An employer purchasing chemicals for his workers is responsible for asking for the [M]SDS.
Editor's Note: Federal Register 1218-AC20 dated March 26, 2012, specified a change in 1910.1200 (g)(7)(i) through (vii) that is partially reflected in the CFR. The change involved removal of the word "material" in the phrase "material safety data sheet" or "material safety data sheets" wherever they appear.
(8) The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.) 1910.1200(g)(8)
(9) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the safety data sheets may be kept at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency. 1910.1200(g)(9)
(10) Safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s). 1910.1200(g)(10)
(11) Safety data sheets shall also be made readily available, upon request, to designated representatives, the Assistant Secretary, and the Director, in accordance with the requirements of §1910.1020(e). 1910.1200(g)(11)
(h) Employee information and training. 1910.1200(h)
(1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets. 1910.1200(h)(1)
(2) Information. Employees shall be informed of: 1910.1200(h)(2) (i) The requirements of this section; 1910.1200(h)(2)(i)
(ii) Any operations in their work area where hazardous chemicals are present; and, 1910.1200(h)(2)(ii)
(iii) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section. 1910.1200(h)(2)(iii)
(3) Training. Employee training shall include at least: 1910.1200(h)(3)
(i) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); 1910.1200(h)(3)(i)
Appendix A Succinct General Industry Regulations and Standards
(ii) The physical, health, simple asphyxiation, 1910.1200(h)(3)(ii)
(iii) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; and, 1910.1200(h)(3)(iii)
(iv) The details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employees can obtain and use the appropriate hazard information. 1910.1200(h)(3)(iv)
(i) Trade secrets. (1)-(13) 1910.1200(i)
(j) Effective dates. (1)-(3) 1910.1200(j)
Appendix A to §1910.1200 — Health Hazard Criteria (Mandatory)
A.1 ACUTE TOXICITY
A.1.1 Definition
Acute toxicity refers to those adverse effects occurring following oral or dermal administration of a single dose of a substance, or multiple doses given within 24 hours, or an inhalation exposure of 4 hours.
A.2 SKIN CORROSION/IRRITATION
1-4
A.2.1 Definitions and General Considerations 1-2
A.2.1.1 Skin corrosion is the production of irreversible damage to the skin; namely, visible necrosis through the epidermis and into the dermis, following the application of a test substance for up to 4 hours. Corrosive reactions are typified by ulcers, bleeding, bloody scabs, and, by the end of observation at 14 days, by discoloration due to blanching of the skin, complete areas of alopecia, and scars. Histopathology should be considered to evaluate questionable lesions.
Skin irritation is the production of reversible damage to the skin following the application of a test substance for up to 4 hours.
A.3 SERIOUS EYE DAMAGE/EYE IRRITATION
1-4
A.3.1 Definitions and General Considerations 1-2
A.3.1.1 Serious eye damage is the production of tissue damage in the eye, or serious physical decay of vision, following application of a test substance to the anterior surface of the eye, which is not fully reversible within 21 days of application.
Eye irritation is the production of changes in the eye following the application of test substance to the anterior surface of the eye, which are fully reversible within 21 days of application.
A.4 RESPIRATORY OR SKIN SENSITIZATION A.4.1 Definitions and General Considerations 1-5
A.4.1.1 Respiratory sensitizer means a chemical that will lead to hypersensitivity of the airways following inhalation of the chemical.
Skin sensitizer means a chemical that will lead to an allergic response following skin contact.
A.5 GERM CELL MUTAGENICITY 1-4
A.5.1 Definitions and General Considerations 1-3
A.5.1.1 A mutation is defined as a permanent change in the amount or structure of the genetic material in a cell. The term mutation applies both to heritable genetic changes that may be manifested at the phenotypic level and to the underlying DNA modifications when known (including, for example, specific base pair changes and chromosomal translocations). The term mutagenic and mutagen will be used for agents giving rise to an increased occurrence of mutations in populations of cells and/or organisms.
A.5.1.2 The more general terms genotoxic and genotoxicity apply to agents or processes which alter the structure, information content, or segregation of DNA, including those which cause DNA damage by interfering with normal replication processes, or which in a non-physiological manner (temporarily) alter its replication. Genotoxicity test results are usually taken as indicators for mutagenic effects.
A.6 CARCINOGENICITY
A.6.1 Definitions
1-4
Carcinogen means a substance or a mixture of substances which induce cancer or increase its incidence. Substances and mixtures which have induced benign and malignant tumors in well-performed experimental studies on animals are considered also to be presumed or suspected human carcinogens unless there is strong evidence that the mechanism of tumor formation is not relevant for humans.
Classification of a substance or mixture as posing a carcinogenic hazard is based on its inherent properties and does not provide information on the level of the human cancer risk which the use of the substance or mixture may represent.
A.7 REPRODUCTIVE TOXICITY
1-3
A.7.1 Definitions and General Considerations 1-4
A.7.1.1 Reproductive toxicity includes adverse effects on sexual function and fertility in adult males and females, as well as adverse effects on development of the offspring. Some reproductive toxic effects cannot be clearly assigned to either impairment of sexual function and fertility or to developmental toxicity. Nonetheless, chemicals with these effects shall be classified as reproductive toxicants. For classification purposes, the known induction of genetically based inheritable effects in the offspring is addressed in Germ cell mutagenicity (See A.5).
A.7.1.2 Adverse effects on sexual function and fertility means any effect of chemicals that interferes with reproductive ability or sexual capacity. This includes, but is not limited to, alterations to the female and male reproductive system, adverse effects on onset of puberty, gamete production and transport, reproductive cycle normality, sexual behaviour, fertility, parturition, pregnancy outcomes, premature reproductive senescence, or modifications in other functions that are dependent on the integrity of the reproductive systems.
A.7.1.3 Adverse effects on development of the offspring means any effect of chemicals which interferes with normal development of the conceptus either before or after birth, which is induced during pregnancy or results from parental exposure. These effects can be manifested at any point in the life span of the organism. The major manifestations of developmental toxicity include death of the developing organism, structural abnormality, altered growth and functional deficiency.
A.8 SPECIFIC TARGET ORGAN TOXICITY SINGLE EXPOSURE 1-3
A.8.1 Definitions and General Considerations
A.8.1.1 Specific target organ toxicity — single exposure, (STOT-SE) means specific, non-lethal target organ toxicity arising from a single exposure to a chemical. All significant health effects that can impair function, both reversible and irreversible, immediate and/or delayed and not specifically addressed in A.1 to A.7 and A.10 of this Appendix are included. Specific target organ toxicity following repeated exposure is classified in accordance with SPECIFIC TARGET ORGAN TOXICITY — REPEATED EXPOSURE (A.9 of this Appendix) and is therefore not included here.
A.9 SPECIFIC TARGET ORGAN TOXICITY REPEATED OR PROLONGED EXPOSURE 1-3
A.9.1 Definitions and general considerations 1-5
A.9.1.1 Specific target organ toxicity — repeated exposure (STOT-RE) means specific target organ toxicity arising from repeated exposure to a substance or mixture. All significant health effects that can impair function, both reversible and irreversible, immediate and/or delayed and not specifically addressed in A.1 to A.7 and A.10 of this Appendix are included. Specific target organ toxicity following a single-event exposure is classified in accordance with SPECIFIC TARGET ORGAN TOXICITY — SINGLE EXPOSURE (A.8 of this Appendix) and is therefore not included here.
A.10 ASPIRATION HAZARD 1-3
A.10.1 Definitions and General and Specific Considerations 1-5
A.10.1.1 Aspiration means the entry of a liquid or solid chemical directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea and lower respiratory system.
A.10.1.2 Aspiration toxicity includes severe acute effects such as chemical pneumonia, varying degrees of pulmonary injury or death following aspiration.
A.10.1.3 Aspiration is initiated at the moment of inspiration, in the time required to take one breath, as the causative material lodges at the crossroad of the upper respiratory and digestive tracts in the laryngopharyngeal region.
A.10.1.4 Aspiration of a substance or mixture can occur as it is vomited following ingestion. This may have consequences for labeling, particularly where, due to acute toxicity, a recommendation may be considered to induce vomiting after ingestion. However, if the substance/mixture also presents an aspiration toxicity hazard, the recommendation to induce vomiting may need to be modified.
Appendix B To §1910.1200 — Physical Criteria
(Mandatory)
B.1 EXPLOSIVES 1-3
B.1.1 Definitions and General Considerations
B.1.1.1 An explosive chemical is a solid or liquid chemical which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic chemicals are included even when they do not evolve gases.
A pyrotechnic chemical is a chemical designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative selfsustaining exothermic chemical reactions.
An explosive item is an item containing one or more explosive chemicals.
A pyrotechnic item is an item containing one or more pyrotechnic chemicals.
An unstable explosive is an explosive which is thermally unstable and/or too sensitive for normal handling, transport, or use.
An intentional explosive is a chemical or item which is manufactured with a view to produce a practical explosive or pyrotechnic effect.
B.1.1.2 The class of explosives comprises:
(a) Explosive chemicals;
(b) Explosive items, except devices containing explosive chemicals in such quantity or of such a character that their inadvertent or accidental ignition or initiation shall not cause any effect external to the device either by projection, fire, smoke, heat or loud noise; and
(c) Chemicals and items not included under (a) and (b) above which are manufactured with the view to producing a practical explosive or pyrotechnic effect.
B.2 FLAMMABLE GASES
B.2.1 Definition
Flammable gas means a gas having a flammable range with air at 20 °C (68 °F) and a standard pressure of 101.3 kPa (14.7 psi).
B.3 FLAMMABLE AEROSOLS
B.3.1 Definition
Aerosol means any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, and fitted with a release device allowing the contents to be ejected as particles in suspension in a gas, or as a foam, paste, powder, liquid or gas.
B.4 OXIDIZING GASES
B.4.1 Definition
Oxidizing gas means any gas which may, generally by providing oxygen, cause or contribute to the combustion of other material more than air does.
Note: "Gases which cause or contribute to the combustion of other material more than air does" means pure gases or gas mixtures with an oxidizing power greater than 23.5% (as determined by a method specified in ISO 10156 or 10156-2 (incorporated by reference, See §1910.6) or an equivalent testing method.)
B.5 GASES UNDER PRESSURE
B.5.1 Definition
Gases under pressure are gases which are contained in a receptacle at a pressure of 200 kPa (29 psi) (gauge) or more, or which are liquefied or liquefied and refrigerated. They comprise compressed gases, liquefied gases, dissolved gases and refrigerated liquefied gases.
B.6 FLAMMABLE
B.6.1 Definition
LIQUIDS
Flammable liquid means a liquid having a flash point of not more than 93 °C (199.4 °F).
Flash point means the minimum temperature at which a liquid gives off vapor in sufficient concentration to form an ignitable mixture with air near the surface of the liquid, as determined by a method identified in Section B.6.3.
B.7 FLAMMABLE SOLIDS
B.7.1 Definitions
Flammable solid means a solid which is a readily combustible solid, or which may cause or contribute to fire through friction. Readily combustible solids are powdered, granular, or pasty chemicals which are dangerous if they can be easily ignited by brief contact with an ignition source, such as a burning match, and if the flame spreads rapidly.
B.8 SELF-REACTIVE CHEMICALS
B.8.1 Definitions
Self-reactive chemicals are thermally unstable liquid or solid chemicals liable to undergo a strongly exothermic decomposition even without participation of oxygen (air). This definition excludes chemicals classified under this section as explosives, organic peroxides, oxidizing liquids or oxidizing solids.
A self-reactive chemical is regarded as possessing explosive properties when in laboratory testing the formulation is liable to detonate, to deflagrate rapidly or to show a violent effect when heated under confinement.
B.9 PYROPHORIC LIQUIDS
B.9.1 Definition
Pyrophoric liquid means a liquid which, even in small quantities, is liable to ignite within five minutes after coming into contact with air.
B.10 PYROPHORIC SOLIDS
B.10.1 Definition
Pyrophoric solid means a solid which, even in small quantities, is liable to ignite within five minutes after coming into contact with air.
B.11 SELF-HEATING CHEMICALS
B.11.1 Definition
A self-heating chemical is a solid or liquid chemical, other than a pyrophoric liquid or solid, which, by reaction with air and without energy supply, is liable to self-heat; this chemical differs from a pyrophoric liquid or solid in that it will ignite only when in large amounts (kilograms) and after long periods of time (hours or days).
Note: Self-heating of a substance or mixture is a process where the gradual reaction of that substance or mixture with oxygen (in air) generates heat. If the rate of heat production exceeds the rate of heat loss, then the temperature of the substance or mixture will rise which, after an induction time, may lead to self-ignition and combustion.
B.12 CHEMICALS WHICH, IN CONTACT WITH WATER, EMIT FLAMMABLE GASES
B.12.1 Definition
Chemicals which, in contact with water, emit flammable gases are solid or liquid chemicals which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities.
B.13 OXIDIZING LIQUIDS
B.13.1 Definition
Oxidizing liquid means a liquid which, while in itself not necessarily combustible, may, generally by yielding oxygen, cause, or contribute to, the combustion of other material.
B.14 OXIDIZING SOLIDS
B.14.1 Definition
Oxidizing solid means a solid which, while in itself is not necessarily combustible, may, generally by yielding oxygen, cause, or contribute to, the combustion of other material.
B.15 ORGANIC PEROXIDES
B.15.1 Definition
B.15.1.1 Organic peroxide means a liquid or solid organic chemical which contains the bivalent -0-0- structure and as such is considered a derivative of hydrogen peroxide, where one or both of the hydrogen atoms have been replaced by organic radicals. The term organic peroxide includes organic peroxide mixtures containing at least one organic peroxide. Organic peroxides are thermally unstable chemicals, which may undergo exothermic self-accelerating decomposition. In addition, they may have one or more of the following properties:
(a) Be liable to explosive decomposition;
(b) Burn rapidly;
(c) Be sensitive to impact or friction;
(d) React dangerously with other substances.
B.15.1.2An organic peroxide is regarded as possessing explosive properties when in laboratory testing the formulation is liable to detonate, to deflagrate rapidly or to show a violent effect when heated under confinement.
B.16CORROSIVE TO METALS
B.16.1Definition
A chemical which is corrosive to metals means a chemical which by chemical action will materially damage, or even destroy, metals.
Appendix C To §1910.1200 — Allocation of Label Elements (Mandatory)
C.1.1The labels on shipped containers shall also include the name, address, and telephone number of the chemical manufacturer, importer, or responsible party.
C.2 The label for each hazardous chemical that is classified shall include the signal word, hazard statement(s), pictogram(s), and precautionary statement(s) specified in C.4 for each hazard class and associated hazard category, except as provided for in C.2.1 through C.2.4.
C.2.1Precedence of Hazard Information 1-4
C.2.1.1If the signal word "Danger" is included, the signal word "Warning" shall not appear;
C.2.3Pictograms
C.2.3.1Pictograms shall be in the shape of a square set at a point and shall include a black hazard symbol on a white background with a red frame sufficiently wide to be clearly visible. A square red frame set at a point without a hazard symbol is not a pictogram and is not permitted on the label.
C.2.3.2One of Eight standard hazard symbols shall be used in each pictogram. The eight hazard symbols are depicted in Figure C.1. A pictogram using the exclamation mark symbol is presented in Figure C.2, for the purpose of illustration.
C.1 — Hazard Symbols and Classes Flame Flame Over Circle Exclamation Mark Exploding Bomb
Target Organ Toxicity Mutagenicity Aspiration Toxicity
C.2.3.3 Where a pictogram required by the department of Transportation under Title 49 of the Code of federal regulations appears on a shipped container, the pictogram specified in C.4 for the same hazard shall not appear.
C.4 Requirements For Signal Words, Hazard Statements, Pictograms, And Precautionary Statements 1-30
C.4.2 Acute Toxicity - Dermal
§1910.1201 Retention of DOT markings, placards and labels
(a) Any employer who receives a package of hazardous material which is required to be marked, labeled or placarded in accordance with the U. S. Department of Transportation's Hazardous Materials Regulations (49 CFR Parts 171 through 180) shall retain those markings, labels and placards on the package until the packaging is sufficiently cleaned of residue and purged of vapors to remove any potential hazards.1910.1201(a)
(b) Any employer who receives a freight container, rail freight car, motor vehicle, or transport vehicle that is required to be marked or placarded in accordance with the Hazardous Materials Regulations shall retain those markings and placards on the freight container, rail freight car, motor vehicle or transport vehicle until the hazardous materials which require the marking or placarding are sufficiently removed to prevent any potential hazards.1910.1201(b)
(c) Markings, placards and labels shall be maintained 1910.1201(c)
(d) For non-bulk packages which will not be reshipped, 1910.1201(d)
(e) For the purposes of this section, the term "hazardous material" 1910.1201(e)
§1910.1450 Occupational exposure to hazardous chemicals in laboratories
(a) Scope and application. 1910.1450(a)
(1) This section shall apply to all employers engaged in the laboratory use of hazardous chemicals as defined below.
1910.1450(a)(1)
(2) Where this section applies, it shall supersede, for laboratories, (i)-(iii) 1910.1450(a)(2)
(3) This section shall not apply to: 1910.1450(a)(3)
(i) Uses of hazardous chemicals 1910.1450(a)(3)(i)
(ii) Laboratory uses of hazardous chemicals which provide no potential for employee exposure. Examples of such conditions might include: 1910.1450(a)(3)(ii)
[A] Procedures using chemically-impregnated test media such as Dip-and-Read tests where a reagent strip is dipped into the specimen to be tested and the results are interpreted by comparing the color reaction to a color chart supplied by the manufacturer of the test strip; and 1910.1450(a)(3)(ii)[A]
[B] Commercially prepared kits such as those used in performing pregnancy tests in which all of the reagents needed to conduct the test are contained in the kit.
1910.1450(a)(3)(ii)[B]
Acute Toxicity (severe)
Figure
Figure C.2 — Exclamation Mark Pictogram
(b) Definitions.
Action level
Assistant Secretary
Carcinogen
Chemical Hygiene Officer
Chemical Hygiene Plan means a written program developed and implemented by the employer which sets forth procedures, equipment, personal protective equipment and work practices that (i) are capable of protecting employees from the health hazards presented by hazardous chemicals used in that particular workplace and (ii) meets the requirements of paragraph (e) of this section.
Designated area
Emergency
Employee
Hazardous chemical
Health hazard means a chemical that is classified as posing one of the following hazardous effects: Acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in appendix A of the Hazard Communication Standard §1910.1200) and §1910.1200(c) (definition of "simple asphyxiant").
Laboratory means a facility where the "laboratory use of hazardous chemicals" occurs. It is a workplace where relatively small quantities of hazardous chemicals are used on a non-production basis.
Laboratory scale
Laboratory-type hood
Laboratory use of hazardous chemicals
Medical consultation
(i)-(iv)
Mutagen means chemicals that cause permanent changes in the amount or structure of the genetic material in a cell. Chemicals classified as mutagens in accordance with the Hazard Communication Standard §1910.1200) shall be considered mutagens for purposes of this section.
Physical hazard
Protective laboratory practices and equipment
Reproductive toxins mean chemicals that affect the reproductive capabilities including adverse effects on sexual function and fertility in adult males and females, as well as adverse effects on the development of the offspring. Chemicals classified as reproductive toxins in accordance with the Hazard Communication Standard §1910.1200) shall be considered reproductive toxins for purposes of this section.
(4) Employee notification of monitoring results. The employer shall, within 15 working days after the receipt of any monitoring results, notify the employee of these results in writing either individually or by posting results in an appropriate location that is accessible to employees. 1910.1450(d)(4)
(e) Chemical hygiene plan — General. (Appendix A of this section is non-mandatory but provides guidance to assist employers in the development of the Chemical Hygiene Plan.)1910.1450(e)
(1) Where hazardous chemicals as defined by this standard are used in the workplace, the employer shall develop and carry out the provisions of a written Chemical Hygiene Plan which is: 1910.1450(e)(1)
(i) Capable of protecting employees from health hazards associated with hazardous chemicals in that laboratory and 1910.1450(e)(1)(i)
(ii) Capable of keeping exposures below the limits specified in paragraph (c) of this section. 1910.1450(e)(1)(ii)
(2) The Chemical Hygiene Plan shall be readily available 1910.1450(e)(2)
(3) The Chemical Hygiene Plan shall include each of the following elements and shall indicate specific measures that the employer will take to ensure laboratory employee protection: 1910.1450(e)(3)
(i) Standard operating procedures relevant to safety and health considerations to be followed when laboratory work involves the use of hazardous chemicals; 1910.1450(e)(3)(i)
(ii) Criteria that the employer will use to determine and implement control measures to reduce employee exposure to hazardous chemicals including engineering controls, the use of personal protective equipment and hygiene practices; particular attention shall be given to the selection of control measures for chemicals that are known to be extremely hazardous; 1910.1450(e)(3)(ii)
(iii) A requirement that fume hoods and other protective equipment are functioning properly and specific measures that shall be taken to ensure proper and adequate performance of such equipment; 1910.1450(e)(3)(iii)
(iv) Provisions for employee information and training as prescribed in paragraph (f) of this section; 1910.1450(e)(3)(iv)
(v) The circumstances under which a particular laboratory operation, procedure or activity shall require prior approval from the employer or the employer's designee before implementation; 1910.1450(e)(3)(v)
(vi) Provisions for medical consultation and medical examinations in accordance with paragraph (g) of this section; 1910.1450(e)(3)(vi)
(vii) Designation of personnel responsible for implementation of the Chemical Hygiene Plan including the assignment of a Chemical Hygiene Officer and, if appropriate, establishment of a Chemical Hygiene Committee; and 1910.1450(e)(3)(vii)
(viii) Provisions for additional employee protection for work with particularly hazardous substances. These include "select carcinogens," reproductive toxins and substances which have a high degree of acute toxicity. Specific consideration shall be given to the following provisions which shall be included where appropriate: 1910.1450(e)(3)(viii)
[A] Establishment of a designated area; 1910.1450(e)(3)(viii)[A]
[B] Use of containment devices such as fume hoods or glove boxes; 1910.1450(e)(3)(viii)[B]
[C] Procedures for safe removal of contaminated waste; and 1910.1450(e)(3)(viii)[C]
(4) The employer shall review and evaluate the effectiveness of the Chemical Hygiene Plan at least annually and update it as necessary. 1910.1450(e)(4)
(f) Employee information and training. 1910.1450(f)
(1) The employer shall provide employees with information and training to ensure that they are apprised of the hazards of chemicals present in their work area. 1910.1450(f)(1)
(2) Such information shall be provided at the time of an employee's initial 1910.1450(f)(2)
(3) Information. Employees shall be informed of: 1910.1450(f)(3)
(i) The contents of this standard and its appendices which shall be made available to employees; 1910.1450(f)(3)(i)
(ii) The location and availability of the employer's Chemical Hygiene Plan; 1910.1450(f)(3)(ii)
(iii) The permissible exposure limits for OSHA regulated substances or recommended exposure limits for other hazardous chemicals where there is no applicable OSHA standard; 1910.1450(f)(3)(iii)
(iv) Signs and symptoms associated with exposures to hazardous chemicals used in the laboratory; and 1910.1450(f)(3)(iv)
(v) The location and availability of known reference material on the hazards, safe handling, storage and disposal of hazardous chemicals found in the laboratory including, but not limited to, safety data sheets received from the chemical supplier. 1910.1450(f)(3)(v)
(4) Training. 1910.1450(f)(4)
(i) Employee training shall include:1910.1450(f)(4)(i)
[A] Methods and observations that may be used to detect the presence or release of a hazardous chemical (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); 1910.1450(f)(4)(i)[A]
[B] The physical and health hazards of chemicals in the work area; and 1910.1450(f)(4)(i)[B]
[C] The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used. 1910.1450(f)(4)(i)[C]
(ii) The employee shall be trained on the applicable details of the employer's written Chemical Hygiene Plan. 1910.1450(f)(4)(ii)
§1910.1450 Succinct General Industry Regulations and Standards
(g) Medical consultation and medical examinations. (1)-(4) 1910.1450(g)
(h) Hazard identification. 1910.1450(h)
(1) With respect to labels and safety data sheets: 1910.1450(h)(1)
(i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced. 1910.1450(h)(1)(i)
(ii) Employers shall maintain any safety data sheets that are received 1910.1450(h)(1)(ii)
(2) The following provisions shall apply to chemical substances (i)-(iii) 1910.1450(h)(2)
(i) Use of respirators. Where the use of respirators is necessary to maintain exposure below permissible exposure limits, the employer shall provide, at no cost to the employee, the proper respiratory equipment. Respirators shall be selected and used in accordance with the requirements of 29 CFR 1910.134.1910.1450(i)
(j) Recordkeeping. 1910.1450(j)
(1) The employer shall establish and maintain for each employee an accurate record of any measurements taken to monitor employee exposures and any medical consultation and examinations including tests or written opinions required by this standard. 1910.1450(j)(1)
(2) The employer shall assure 1910.1450(j)(2)
Editor's Note: The CFR refers to §1910.20, which is not in the current CFR publication. For further information on regulatory matters regarding access to employee exposure and medical records, readers may benefit from reviewing §1910.1020.
(k) [Reserved] 1910.1450(k
Part 1926 – Construction
§1926.451 General requirements (a)-(h)
This section does not apply to aerial lifts, the criteria for which are set out exclusively in §1926.453.
(f) Use. 1926.451(f) (1)-(12)
(1) Scaffolds and scaffold components shall not be loaded in excess of their maximum intended loads or rated capacities, whichever is less. 1926.451(f)(1)
(3) Scaffolds and scaffold components shall be inspected for visible defects by a competent person before each work shift, and after any occurrence which could affect a scaffold's structural integrity. 1926.451(f)(3)
(5) Scaffolds shall not be moved horizontally while employees are on them, unless they have been designed by a registered professional engineer specifically for such movement or, for mobile scaffolds, where the provisions of §1926.452(w) are followed. 1926.451(f)(5)
(7) Scaffolds shall be erected, moved, dismantled, or altered only under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration. Such activities shall be performed only by experienced and trained employees selected for such work by the competent person. 1926.451(f)(7)
(8) Employees shall be prohibited from working on scaffolds covered with snow, ice, or other slippery material except as necessary for removal of such materials. 1926.451(f)(8)
(12) Work on or from scaffolds is prohibited during storms or high winds unless a competent person has determined that it is safe for employees to be on the scaffold and those employees are protected by a personal fall arrest system or wind screens. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed. 1926.451(f)(12)
(g) Fall protection. 1926.451(g)
(1) Each employee on a scaffold more than 10 feet (3.1 m) above a lower level shall be protected from falling to that lower level. Paragraphs (g)(1) (i) through (vii) of this section establish the types of fall protection to be provided to the employees on each type of scaffold. Paragraph (g)(2) of this section addresses fall protection for scaffold erectors and dismantlers.
1926.451(g)(1)
Note to paragraph (g)(1): The fall protection requirements for employees installing suspension scaffold support systems on floors, roofs, and other elevated surfaces are set forth in subpart M of this part.
(h) Falling object protection. 1926.451(h)
(1) In addition to wearing hardhats each employee on a scaffold shall be provided with additional protection from falling hand tools, debris, and other small objects through the installation of toeboards, screens, or guardrail systems, or through the erection of debris nets, catch platforms, or canopy structures that contain or deflect the falling objects. When the falling objects are too large, heavy or massive to be contained or deflected by any of the above-listed measures, the employer shall place such potential falling objects away from the edge of the surface from which they could fall and shall secure those materials as necessary to prevent their falling. 1926.451(h)(1)
Insights
The General Duty Clause
The Williams-Steiger Occupational Safety and Health Act of 1970
An Act
To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Occupational Safety and Health Act of 1970."
What is OSHA's General Duty Clause?
Section 5(a)(1) of the Williams-Steiger Occupational Safety and Health Act of 1970 has become known as "The General Duty Clause." It is a catch-all for citations if OSHA identifies unsafe conditions for which a regulation does not exist.
In practice, OSHA, court precedent, and the review commission have established that if the following elements are present, a "general duty clause" citation may be issued.
1. The employers failed to keep the workplace free of a hazard to which employees of that employer were exposed.
2. The hazard was recognized. (Examples might include: through your safety personnel, employees, organization, trade organization or industry customs.)
3. The hazard was causing or was likely to cause death or serious physical harm.
4. There was a feasible and useful method to correct the hazard.
Two important sections of the Occupational Safety and Health Act of 1970 Act: Duties and Judicial Review
5. Duties
(a) Each employer
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this Act.
(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
11. Judicial Review
(c)(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.
(2) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may, within thirty days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this subsection have been violated, he shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown to restrain violations of paragraph (1) of this subsection and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay.
(3) Within 90 days of the receipt of a complaint filed under this subsection the Secretary shall notify the complainant of his determination under paragraph 2 of this subsection.
OSHA's Citation Policy on Multi-Employer Worksite Inspections
Employers must not create conditions that violate OSHA standards or make a workplace unsafe. On multi-employer worksites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard.
OSHA classifies employers into one or more of four categories — the creating, exposing, correcting, and controlling employers — to determine if a citation will be issued.
The Creating Employer: an employer who causes a hazardous condition that violates an OSHA standard. An employer who creates the hazard is citable even if the only employees exposed in the workplace are those who work for other employers.
The Exposing Employer: an employer whose own employees are exposed to the hazard. If the exposing employer created the violation, he/she is citable for the violation as a creating employer. If the violation was created by another employer, the exposing employer is citable if he/she:
(1) knew of the hazardous condition or failed to exercise reasonable diligence to discover the condition, and (2) failed to take steps to protect his/her employees. If the exposing employer has the authority to correct the hazard, he/she must do so. If he/she lacks the authority to correct the hazard, he/she is citable if he/she fails to do each of the following:
(1) ask the creating and/or controlling employer to correct the hazard
(2) inform his/her employees of the hazard, and
(3) take reasonable alternative protective measures.
Note: In some circumstances, the employer is citable for failing to remove his/her employees from the job to avoid the hazard.
The Correcting Employer: an employer who is responsible for correcting a hazard on the exposing employer's worksite, usually occurring while the correcting employer is installing and/or maintaining safety/health equipment. The correcting employer must exercise reasonable care in preventing and discovering violations and meet his/her obligation of correcting the hazard.
The Controlling Employer: an employer who has general supervisory authority over the worksite, including the power to correct safety and health violations or requiring others to correct them. A controlling employer must exercise reasonable care to prevent and detect violations on the site.
Editor's Note: This is based on OSHA's Directive CPL 02-00-124: Multi-Employer Citation Policy.
Electronic Submission of Injury and Illness Records to OSHA
Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20 -- 249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses (see Appendix A to Subpart E of Part 1904) must electronically submit their Form 300A data to OSHA. Notes: (1) Employers in all states, even those with their own state plans and those that have not yet adopted the federal rule, must submit electronically if required. (2) Currently, covered establishments must submit Form 300A data by March 2nd of every year. (3) See the OSHA website at https://www.osha.gov/injuryreporting/index.html for more information.
The Phalanx of Safety
States with Approved Plans - State Office Directory
Arizona Division of Occupational Safety and Health
800 W. Washington Phoenix, AZ 85007 (602) 542-5795 Fax: (602) 542-1614
Californian Division of Occupational Safety and Health 1515 Clay Street, 19th Floor Oakland, California 94612 (510) 286-7000 Fax: (510) 286-7037
Connecticut Occupational Safety and Health Division* 38 Wolcott Hill Rd Wethersfield, CT 06109 (860) 263-6900 Fax: (860) 263-6940
Hawaii Occupational Safety and Health Division
830 Punchbowl Street, Suite 425 Honolulu, HI 96813 (808) 586-9116 Fax: (808) 586-9104
Illinois Department of Labor, Division of Occupational Safety and Health*
524 S. 2nd Street, Suite 400 Springfield, IL 62701 (217) 782-6206 Fax: (217) 782-0596
Indiana Occupational Safety and Health Administration
402 W. Washington St., Room W195 Indianapolis, Indiana 46204-2751 (317) 232-2693 Fax: (317) 233-3790
Iowa Division of Labor Services 150 Des Moines St. Des Moines, Iowa 50309-1836 (515) 242-5870 Fax: (515) 281-7995
Kentucky Labor Cabinet 500 Mero Street Frankfort, Kentucky 40601 (502) 564-3070 Fax: (502) 564-5959
Maine Dept. of Labor Workplace Safety and Health Division* 45 State House Station Augusta, Maine 04333-0045 (207) 623-7900 Fax: (207) 623-7934
Maryland Occupational Safety and Health 10946 Golden West Drive, Suite 160 Hunt Valley, MD 21031 (410) 527-4499 Fax: (410) 527-4481
Massachusetts Department of Labor Standards* Taunton Career Center 72 School Street Taunton, MA 02780 (508) 616-0461 ext. 1 Fax: 508-822-2033
Michigan Occupational Safety & Health Administration
*State Plan for Public Employees Only
530 W. Allegan Street P.O. Box 30643 Lansing, Michigan 48909-8143 (517) 284-7777 Fax: (517) 284-7725
Minnesota Occupational Safety and Health Administration
43 Lafayette Road North St. Paul, MN 55155-4307 (651) 284-5050 Fax: (651) 284-5741
Nevada Occupational Safety and Health Administration
3360 West Sahara Avenue, Suite 200 Las Vegas, NV 89102 (702) 486-9020 Fax: (702) 990-0358
New Jersey Public Employees Occupational Safety and Health* 1 John Fitch Plaza PO Box 369 Trenton, NJ 08625-0369 (609) 633-3896 Fax: (609) 292-3749
New Mexico Occupational Health & Safety Bureau 525 Camino de los Marquez, Ste. 3 Santa Fe, New Mexico 87502 (505) 476-8700 Fax: (505) 476-8734
New York Public Employee Safety and Health (PESH) Bureau* Governor W. Averell Harriman State Building Campus Building 12, Room 158 Albany, NY 12240 (518) 457-1263 Fax: (518) 457-5545
North Carolina Department of Labor Occupational Safety and Health Division 1101 Mail Service Center Raleigh, NC 27699-1101 (919) 707-7806
Puerto Rico Occupational Safety and Health Administration
Prudencio Rivera Martinez Building 505 Muñoz Rivera Ave., 20th floor Hato Rey, Puerto Rico 00918 (787) 754-2172 Fax: (787) 767-6051
South Carolina Dept. of Labor, Licensing, and Regulation
Synergy Business Park 121 Executive Center Dr., Suite 230 P.O. Box 11329 Columbia, SC 29211-1329 (803) 896-7665 Fax: (803) 896-7670
Tennessee Occupational and Safety and Health Administration 220 French Landing Drive Nashville, Tennessee 37243-1002 (615) 741-2793 Fax: (615) 741-3325
Utah Occupational Safety and Health Administration PO Box 146600 160 East 300 South Salt Lake City, Utah 84114-6650 Tel: (801) 530-6800 Fax: (801) 530-6044
Vermont Occupational Safety and Health Administration PO Box 488 5 Green Mountain Drive Montpelier, VT 05601-0488 Tel: (800) 287-2765
Virgin Islands Division of Occupational Safety and Health* 4401 Sion Farm Christiansted St. Croix, Virgin Islands 00820-4245 (340) 773-1994
Virginia Occupational Safety and Health Headquarters Main Street Centre 600 East Main Street, Suite 207 Richmond, VA 23219 (804) 371-2327 Fax: (804) 371-6524
Washington Division of Occupational Safety and Health 7273 Linderson Way SW Tumwater, WA 98501-5414 (360) 902-5580 Fax: (360) 902-5619
Wyoming Dept. of Workforce Services Herschler Building 5221 Yellowstone Road Cheyenne, WY 82002 (307) 777-7786 Fax: (307) 777-3646
U.S. Dept. of Labor Occupational Safety and Health Administration - Regional Offices
REGION 1
JFK Federal Building 25 New Sudbury St., Room E340 Boston, Massachusetts 02203 (617) 565-9860
FAX: (617) 565-9827
Area Offices: | Connecticut | Massachusetts | | Maine | New Hampshire | | Rhode Island | Vermont |
REGION 6
A. Maceo Smith Federal Building 525 Griffin Street, Suite 602 Dallas, TX 75202 (972) 850-4145 FAX: (972) 850-4149 Area Offices: | Arkansas | Louisiana | | New Mexico | Oklahoma | | Texas |
REGION 2
Federal Building 201 Varick Street, Room 670 New York, NY 10014 (212) 337-2378
FAX: (212) 337-2371 Area Offices: | New Jersey | New York | | Puerto Rico | Virgin Islands |
REGION 7 Two Pershing Square Building, 2300 Main Street, Suite 10030 Kansas City, Missouri 64108 (816) 283-8745 FAX: (816) 283-0547 Area Offices: | Iowa | Kansas | Missouri | | Nebraska |
National Offices
Office of Small Business Assistance
U.S. Department of Labor Directorate of Cooperative and State Programs
U.S. Department of Labor 1835 Market Street Mailstop OSHA-RO/19 Philadelphia, PA 19103 (215) 861-4900 FAX: (215) 861-4904 Area Offices: | District of Columbia | Delaware | | Maryland | Pennsylvania | Virginia | | West Virginia |
REGION 8
Cesar Chavez Memorial Building 1244 Speer Blvd., Suite 551 Denver, CO 80204 (720) 264-6550 FAX: (720) 264-6585 Area Offices: | Colorado | Montana | North Dakota | | South Dakota | Utah | Wyoming |
REGION 4
Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Room 6T50 Atlanta, Georgia 30303 (678) 237-0400 FAX: (678) 237-0447 Area Offices: | Alabama | Florida | Georgia | | Kentucky | Mississippi | | North Carolina | South Carolina | | Tennessee |
REGION 9
90 7th Street, Suite 2650 San Francisco, California 94103 (415) 625-2547 FAX: (415) 625-2534 Area Offices: | Arizona | California | Hawaii | | Nevada | Guam | American Samoa | | Northern Mariana Islands |
REGION 5
John C. Kluczynski Federal Building 230 South Dearborn Street, Room 3244 Chicago, Illinois 60604 (312) 353-2220 FAX: (312) 353-7774
