OSHA Guide to Maritime Industry Regulations
29 CFR Parts 1903, 1904, 1915, 1917, 1918, 1919, 1920, and Selections from 1910
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§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 described in paragraph (b)( 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)Implementation [1904.35(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 workrelated 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)]
This edition contains all updates to the OSHA Maritime regulations through January 15, 2023 as follows:
1. Updates to the Civil Penalties in 1903.15.
2. Updates and amendments to the relevant COVID-19 sections. These changes removed and reserved the rules surround COVID-19 procedures for all areas except medical.
For more information on these updates, register or log in to your Regs2Go account.
Disclaimer
Although the author and publisher of this book have made every effort to ensure the accuracy and timeliness of the information contained herein, the author and publisher assume no liability with respect to loss or damage caused by or alleged to be caused by reliance on any information contained herein and disclaim any and all warranties, expressed or implied.
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
§1903.9 Trade secrets 2
§1903.10 Consultation with employees 3
§1903.11 Complaints by employees 3
§1903.12 Inspection not warranted; informal review 3
§1903.13 Imminent danger 3
§1903.14 Citations; notices of de minimis violations; policy regarding employee rescue activities 3
§1903.14a Petitions for modification of abatement date 4
§1903.15 Proposed penalties 4
§1903.16 Posting of citations 5
§1903.17 Employer and employee contests before the Review Commission 5
§1903.18 Failure to correct a violation for which a citation has been issued 5
§1903.20
§1903.21 State administration 8
§1903.22 Definitions 8
Part 1904 – Recording
and Reporting Occupational
Injuries
and Illnesses
§1904.0 Purpose 9
§1904.1 Partial exemption for employers with 10 or fewer employees 9
§1904.2 Partial exemption for establishments in certain industries 9
§1904.3 Keeping records for more than one agency 9 Appendix A Partially Exempt Industries (Non-Mandatory) 9 §1904.4 Recording criteria 10
and sharps injuries
§1904.36 Prohibition against discrimination 17
§1904.37 State recordkeeping requirements 17
§1904.38 Variances from the recordkeeping rule 17
§1904.39 Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA 18
§1904.40 Providing records to government representatives 19
§1904.41 Electronic submission of injury and illness records to OSHA. 19
§1904.42 Requests from the Bureau of Labor Statistics for data 20
§1904.43 Summary and posting of the 2001 data 21
§1904.44 Retention and updating of old forms 21
§1904.45 OMB control numbers under the Paperwork Reduction Act 21
§1904.46 Definitions 21
Part 1915 – Occupational Safety And Health Standards For Shipyard Employment
Subpart A – General Provisions 23
§1915.1 Purpose and authority 23
§1915.2 Scope and application 23
§1915.3 Responsibility 23
§1915.4 Definitions 23
§1915.5 Incorporation by reference 23
§1915.6 Commercial diving operations 25
§1915.7 Competent person 25
§1915.8 OMB control numbers under the Paperwork Reduction Act 25
§1915.9 Compliance duties owed to each employee 26
Subpart B – Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment
§1915.11 Scope, application and definitions applicable to this subpart 26
§1915.12 Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres 27
§1915.13 Cleaning and other cold work 28
§1915.14 Hot work 28
§1915.15 Maintenance of safe conditions 29
§1915.16 Warning signs and labels 29
Appendix A Compliance Assistance Guidelines for Confined and Enclosed Spaces 29
Appendix B Reprint of U.S. Coast Guard Regulations Referenced in Subpart B, for Determination of Coast Guard Authorized Persons 30
Subpart C – Surface Preparation and Preservation
§1915.31 Scope and application of subpart 31
§1915.32 Toxic cleaning solvents 31
§1915.33 Chemical paint and preservative removers 31
§1915.34 Mechanical paint removers 31
§1915.35 Painting 32
§1915.36 Flammable liquids 32
Subpart D – Welding, Cutting and Heating
§1915.51 Ventilation and protection in welding, cutting and heating 32
§1915.53 Welding, cutting and heating in way of preservative coatings 33
§1915.54 Welding, cutting and heating of hollow metal containers and structures not covered by §1915.12 34
§1915.55 Gas welding and cutting 34
§1915.56 Arc welding and cutting 35
§1915.57 Uses of fissionable material in ship repairing and shipbuilding 35
Subpart E – Scaffolds, Ladders and Other Working Surfaces
§1915.71 Scaffolds or staging 35
§1915.72 Ladders 38
§1915.73 Guarding of deck openings and edges
§1915.74 Access to vessels
§1915.75 Access to and guarding of dry docks and marine railways
§1915.76 Access to cargo spaces and confined spaces
Subpart F – General Working Conditions
§1915.80
§1915.90 Safety color code for marking physical hazards
§1915.91 Accident prevention signs and tags
§1915.92 Retention of DOT markings, placards, and labels
§1915.94
multi-piece and single-piece rim wheels
Subpart G – Gear and Equipment for Rigging and Materials Handling
§1915.111 Inspection
and slings
pull-lifts
hauling equipment
Subpart H – Tools and Related Equipment
§1915.131 General precautions
§1915.132 Portable electric tools
§1915.133 Hand tools
§1915.134 Abrasive wheels
§1915.135 Powder actuated fastening tools 54 §1915.136 Internal combustion engines, other than ship's equipment 54
Subpart I – Personal Protective Equipment (PPE)
§1915.151 Scope, application and definitions 55 §1915.152 General requirements 55 §1915.153 Eye and face protection
§1915.157 Hand and body protection
§1915.158 Lifesaving equipment
§1915.159 Personal fall arrest systems (PFAS) 57
§1915.160 Positioning device systems 58
Appendix A Non-Mandatory Guidelines for Hazard Assessment 58 Appendix B General Testing Conditions and Additional Guidelines 61
Subpart J – Ship's Machinery and Piping Systems
§1915.161 Scope and application of subpart 62
§1915.162 Ship's boilers 62
§1915.163 Ship's piping systems 62
§1915.164 Ship's propulsion machinery 62
§1915.165 Ship's deck machinery 62
Subpart K – Portable, Unfired Pressure Vessels, Drums and Containers, Other Than Ship's Equipment
§1915.171 Scope and application of subpart 62
§1915.172 Portable air receivers and other unfired pressure vessels 63
§1915.173 Drums and containers 63
Subpart L – Electrical Machinery
§1915.181 Electrical circuits and distribution boards 63
Subpart P – Fire Protection in Shipyard Employment
§1915.501 General provisions 63
§1915.502 Fire safety plan 63
§1915.503 Precautions for hot work 64
§1915.504 Fire watches 64
§1915.505 Fire response 64
§1915.506 Hazards of fixed extinguishing systems on board vessels and vessel sections 66
§1915.507 Land-side fire protection systems 66
§1915.508 Training 67
§1915.509 Definitions applicable to this subpart 67 Appendix A Model Fire Safety Plan (Non-Mandatory) 68
Subpart Z – Toxic and Hazardous Substances
§1915.1000 Air contaminants 69
§1915.1001 Asbestos 77
§1915.1002 Coal tar pitch volatiles; interpretation of term 106
§1915.1003 13 carcinogens (4-Nitrobiphenyl, etc.)106
§1915.1004 alpha-Naphthylamine 106
§1915.1005 [Reserved] 107
§1915.1006 Methyl chloromethyl ether 107
§1915.1007 3,3'-Dichlorobenzidiene (and its salts) 107
§1915.1008 bis-Chloromethyl ether 107
§1915.1009 beta-Naphthylamine 107
§1915.1010 Benzidine 107
§1915.1011 4-Aminodiphenyl 107
§1915.1012 Ethyleneimine 107
§1915.1013 beta-Propiolactone 107
§1915.1014 2-Acetylaminofluorene 107
§1915.1015 4-Dimethylaminoazobenzene 107
§1915.1016 N-Nitrosodimethylamine 107
§1915.1017 Vinyl chloride 107
§1915.1018 Inorganic arsenic 107
§1915.1020 Access to employee exposure and medical records 107
§1915.1024 Beryllium 107
§1915.1025 Lead 112
§1915.1026 Chromium (VI) 113
§1915.1027 Cadmium 115
§1915.1028 Benzene 115
§1915.1030 Bloodborne pathogens 116
§1915.1044 1,2-dibromo-3-chloropropane 116
§1915.1045 Acrylonitrile 116
§1915.1047 Ethylene oxide 116
§1915.1048 Formaldehyde 116
§1915.1050 Methylenedianiline 116
§1915.1052 Methylene chloride 116
§1915.1053 Respirable crystalline silica 116
§1915.1200 Hazard communication 116
§1915.1450 Occupational exposure to hazardous chemicals in laboratories 116
Part 1917 – Marine Terminals
Subpart A – General Provisions 117
§1917.1 Scope and applicability 117
§1917.2 Definitions 117
§1917.3 Incorporation by reference 118
§1917.4 OMB control numbers under the Paperwork Reduction Act 119
§1917.5 Compliance duties owed to each employee 119
Subpart B – Marine Terminal Operations 119
§1917.11 Housekeeping 119 §1917.12 Slippery conditions 119 §1917.13 Slinging 119
§1917.14 Stacking of cargo and pallets 120
§1917.15 Coopering 120
§1917.16 Line handling. (See also §1917.95(b)) 120
§1917.17 Railroad facilities 120
§1917.18 Log handling 120
§1917.19 Movement of barges and railcars 120
§1917.20 Interference with communications 120
§1917.21 Open fires 120
§1917.22 Hazardous cargo (See §1917.2(p)) 120
§1917.23 Hazardous atmospheres and substances (see also §1917.2 Hazardous cargo, material, substance or atmosphere) 120
§1917.24 Carbon monoxide 121
§1917.25 Fumigants, pesticides, insecticides and hazardous preservatives (see also §1917.2 Hazardous cargo, material, substance or atmosphere) 121
§1917.26 First aid and lifesaving facilities 121
§1917.27 Personnel 121
§1917.28 Hazard communication (See also §1917.1(a)(2)(vi)) 122
§1917.29 Retention of DOT markings, placards and labels 122
§1917.30 Emergency action plans 122
Subpart C – Cargo Handling Gear and Equipment
§1917.41 House falls 122
§1917.42 Miscellaneous auxiliary gear 122
§1917.43 Powered industrial trucks 124
§1917.44 General rules applicable to vehicles 125
§1917.45 Cranes and derricks (See also §1917.50) 127
§1917.46 Load indicating devices 129
§1917.47 Winches 129
§1917.48 Conveyors 129
§1917.49 Spouts, chutes, hoppers, bins, and associated equipment 130
§1917.50 Certification of marine terminal material handling devices 130
§1917.51 Hand tools 131
Subpart D – Specialized Terminals
§1917.70 General 131
§1917.71 Terminals handling intermodal containers or roll-on roll-off operations 131
§1917.73 Terminal facilities handling menhaden and similar species of fish (see also §1917.2, definition of hazardous cargo, material, substance or atmosphere) 133
Subpart E – Personal Protection
§1917.91 Eye and face protection 133
§1917.92 Respiratory protection 133
§1917.93 Head protection 133
§1917.94 Foot protection 134
§1917.95 Other protective measures 134
§1917.96 Payment for protective equipment 134
Subpart F – Terminal Facilities
§1917.111 Maintenance and load limits 134
§1917.112 Guarding of edges 134
§1917.113 Clearance heights 135
§1917.114 Cargo doors 135
§1917.115 Platforms and skids 135
§1917.116 Elevators and escalators 135
§1917.117 Manlifts 135
§1917.118
§1917.119 Portable ladders
§1917.120
§1917.121
§1917.122
§1917.123
§1917.124 Dockboards (car and bridge plates) 138
§1917.125 Guarding temporary hazards 138
§1917.126 River banks 138
§1917.127 Sanitation 138
§1917.128 Signs and marking 139
Subpart G – Related Terminal Operations and Equipment
§1917.151 Machine guarding 139
§1917.152 Welding, cutting and heating
§1917.153
§1917.154
§1917.155
§1917.156
§1917.157 Battery charging and changing 144
§1917.158
Part 1918 – Safety And Health Regulations For Longshoring
Subpart A – General Provisions
§1918.1 Scope and application
§1918.2 Definitions
§1918.3 Incorporation by reference
§1918.4 OMB control numbers under the Paperwork Reduction Act 146
§1918.5 Compliance duties owed to each employee 147
Subpart B – Gear Certification
§1918.11 Gear certification (See also §§1918.2, definition of “Vessel's cargo handling gear” and 1918.51) 147
Subpart C – Gangways and Other Means of Access
§1918.21
Subpart D – Working Surfaces
§1918.31
Subpart E – Opening and Closing Hatches
§1918.41 Coaming clearances
pontoon bridles
§1918.43 Handling hatch beams and covers
Subpart F – Vessel's Cargo Handling Gear
§1918.51 General requirements (See also §1918.11 and appendix III of this part) 150
§1918.52 Specific requirements 150
§1918.53 Cargo winches 150
§1918.54 Rigging gear 151
§1918.55 Cranes (See also §1918.11) 151
Subpart G – Cargo Handling Gear and Equipment Other Than Ship's Gear
§1918.61 General (See also appendix IV of this part) 151
§1918.62 Miscellaneous auxiliary gear 151
§1918.63 Chutes, gravity conveyors and rollers 153
§1918.64 Powered conveyors 153
§1918.65 Mechanically powered vehicles used aboard vessels 154
§1918.66 Cranes and derricks other than vessel's gear 154
§1918.67 Notifying the ship's officers before using certain equipment 156
§1918.68 Grounding 156
§1918.69 Tools 156
Subpart H – Handling Cargo
§1918.81 Slinging 156
§1918.82 Building drafts 157
§1918.83 Stowed cargo; tiering and breaking down 157
§1918.84 Bulling cargo 157
§1918.85 Containerized cargo operations 157
§1918.86 Roll-on roll-off (Ro-Ro) operations (see also §1918.2, Ro-Ro operations, and §1918.25) 158
§1918.87 Ship's cargo elevators 159
§1918.88 Log operations 159
§1918.89 Handling hazardous cargo (See also §1918.2 and §1918.99) 159
Subpart I – General Working Conditions
§1918.90 Hazard communication 159
§1918.91 Housekeeping 159
§1918.92 Illumination 159
§1918.93 Hazardous atmospheres and substances (See also §1918.2) 160
§1918.94 Ventilation and atmospheric conditions (See also §1918.2, definitions of Hazardous cargo, materials, substance or atmosphere and Ro-Ro operations) 160
§1918.95 Sanitation 161
§1918.96 Maintenance and repair work in the vicinity of longshoring operations 161
§1918.97 First aid and lifesaving facilities (See appendix V of this part) 161
§1918.98 Qualifications of machinery operators and supervisory training 161
§1918.99 Retention of DOT markings, placards and labels 162
§1918.100 Emergency action plans 162
Subpart J – Personal Protective Equipment
§1918.101 Eye and face protection 162
§1918.102 Respiratory protection 162
§1918.103 Head protection 162
§1918.104 Foot protection 163
§1918.105 Other protective measures 163
§1918.106 Payment for protective equipment 163
Appendix I Cargo Gear Register and Certificates (Non-mandatory) 163
Appendix II Tables for Selected Miscellaneous Auxiliary Gear (Mandatory) 164
Appendix III The Mechanics of Conventional Cargo Gear (Non-mandatory) 168
Appendix IV Special Cargo Gear and Container Spreader Test Requirements (Mandatory) 168
Appendix V Basic Elements of a First Aid Training Program (Non-mandatory) 169
Part 1919 – Gear Certification
Subpart A – General Provisions
§1919.1 Purpose and scope 171
§1919.2 Definition of terms 171
Subpart B – Procedure Governing Accreditation
§1919.3 Application for accreditation 171
§1919.4 Action upon application 172
§1919.5 Duration and renewal of accreditation 172
§1919.6 Criteria governing accreditation to certificate vessels' cargo gear 172
§1919.7 Voluntary amendment or termination of accreditation 172
§1919.8 Suspension or revocation of accreditation 172
§1919.9 Reconsideration and review 172
Subpart C – Duties of Persons Accredited To Certificate Vessels' Cargo Gear
§1919.10 General duties; exemptions 172
§1919.11 Recordkeeping and related procedures concerning records in custody of accredited persons 173
§1919.12 Recordkeeping and related procedures concerning records in custody of the vessel 173
Subpart D – Certification of Vessels' Cargo Gear
§1919.13 General 173
§1919.14 Initial tests of cargo gear and tests after alterations, renewals or repairs 173
§1919.15 Periodic tests, examinations and inspections 173
§1919.16 Heat treatment 174
§1919.17 Exemptions from heat treatment 174
§1919.18 Grace periods 174
§1919.19 Gear requiring welding 174
§1919.20 Damaged components 174
§1919.21 Marking and posting of safe working loads 174
§1919.22 Requirements governing braking devices and power sources 174
§1919.23 Means of derrick attachment 174
§1919.24 Limitations on use of wire rope 174
§1919.25 Limitations on use of chains 175
Subpart E – Certification of Vessels: Tests and Proof Loads; Heat Treatment; Competent Persons
§1919.26 Visual inspection before tests 175
§1919.27 Unit proof tests — winches, derricks and gear accessory thereto 175
§1919.28 Unit proof tests — cranes and gear accessory thereto 175
§1919.29 Limitations on safe working loads and proof loads 175
§1919.30 Examinations subsequent to unit tests 175
§1919.31 Proof tests — loose gear 176
§1919.32 Specially designed blocks and components 176
§1919.33 Proof tests — wire rope 176
§1919.34 Proof tests after repairs or alterations 176
§1919.35 Order of tests 176
§1919.36 Heat treatment 176
§1919.37 Competent persons 176
Subpart F – Accreditation To Certificate Shore-Based Equipment
§1919.50 Eligibility for accreditation to certificate shore-based material handling devices covered by §1917.50 of this chapter, safety and health regulations for marine terminals 176
§1919.51 Provisions respecting application for accreditation, action upon the application, and related matters 177
Subpart G – Duties of Persons Accredited To Certificate Shore-Based Material Handling Devices
§1919.60 General duties, exemptions 177
Subpart H – Certification of Shore-Based Material Handling Devices
§1919.70 General provisions 177
§1919.71 Unit proof test and examination of cranes 177
§1919.72 Annual examination of cranes 178
§1919.73 Unit proof test and examination of derricks 178
§1919.74 Annual examination of derricks 178
§1919.75 Determination of crane or derrick safe working loads and limitations in absence of manufacturer's data 178
§1919.76 Safe working load reduction 178
§1919.77 Safe working load increase 178
§1919.78 Nondestructive examinations 178
§1919.79 Wire rope 178
§1919.80 Heat treatment 178
§1919.81 Examination of bulk cargo loading or discharging spouts or suckers 178
§1919.90 Documentation 178
Part 1920 – Procedure For Variations From Safety And Health Regulations Under The Longshoremen's And Harbor Workers' Compensation Act
§1920.1 Purpose 181
§1920.2 Variances 181
Selected 1910 Standards
§1910.7 Definition and requirements for a nationally recognized testing laboratory 183
§1910.9 Compliance duties owed to each employee 186
§1910.19 Special provisions for air contaminants 186
§1910.134 Respiratory protection 186
Appendix A Fit Testing Procedures (Mandatory) 192
Appendix B-1 User Seal Check Procedures (Mandatory) 199
Appendix B-2 Respirator Cleaning Procedures (Mandatory) 199
Appendix C OSHA Respirator Medical Evaluation Questionnaire (Mandatory) 200
Appendix D Information for Employees Using Respirators When Not Required 200
§1910.178 Powered industrial trucks 200
Appendix A Stability of Powered Industrial Trucks 205
§1910.401 Scope and application 206
§1910.402 Definitions 207
§1910.410 Qualifications of dive team 208
§1910.420 Safe practices manual 208
§1910.421 Pre-dive procedures 208
§1910.422 Procedures during dive 208
§1910.423 Post-dive procedures 209
§1910.424 SCUBA diving 210
§1910.425 Surface-supplied air diving 210
§1910.426 Mixed-gas diving 210
§1910.427 Liveboating 210
§1910.430 Equipment 211
§1910.440 Recordkeeping requirements 211
§1910.1020 Access to employee exposure and medical records 212
§1910.1200 Hazard communication 216
1903 - Inspections, Citations, and Proposed Penalties
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)]
[36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974; 80 FR 49904, Aug. 18, 2015; 81 FR 43452, July 1, 2016]
§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)]
Inspections, Citations, and Proposed Penalties
§1903.5
1903 - Inspections, Citations, and Proposed Penalties
(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)]
[45 FR 65923, Oct. 3, 1980]
§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)]
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43452, July 1, 2016]
§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 personal 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)]
[36 FR 17850, Sept. 14, 1971, as amended at 47 FR 6533, Feb. 12, 1982; 47 FR 55481, Dec. 10, 1982]
§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)
[36 FR 17850, Sept. 4, 1973, as amended at 54 FR 24333, June 7, 1989]
§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
§1903.14a
1903 - Inspections, Citations, and Proposed Penalties
determination of the Area Director, order a reinspection, or issue a citation if he believes that the inspection disclosed a violation. The Assistant Regional Director shall furnish the complaining party and the employer with written notification of his determination and the reasons therefor. The determination of the Assistant Regional Director shall be final and not subject to review. [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)]
[36 FR 17850, Sept. 4, 1971, as amended at 59 FR 66613, Dec. 27, 1994] §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 later- filed 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)]
[40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, 1975]
§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)]
(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, 2022 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 $11,162 and shall not exceed $156,259. [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 $156,259. [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 $15,625.[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 $15,625.[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 $15,625 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 $15,625.[1903.15(d)(6)]
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016; 82 FR 5382, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018;84FR219,Jan.23,2019;85FR2298,Jan.15,2020;86FR2969,Jan.14,2021;87FR2336,Jan.14,2022]
§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)]
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016] §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
§1903.19(c)
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)]
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016] §1903.19
Abatement verification 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 complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required. [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 to Section 1903.19 — Sample Abatement-Certification Letter (Non Mandatory)
Appendix B to Section 1903.19
Appendix B to Section 1903.19 — Sample Abatement Plan or Progress Report (Non-Mandatory)
Download a complete PDF from www.oshacfr.com.
Download a complete PDF from www.oshacfr.com.
Appendix C
1903 - Inspections, Citations, and Proposed Penalties
Appendix C to Section 1903.19 — Sample Warning Tag (Non-Mandatory)
WARNING:
EQUIPMENTHAZARD
CITEDBYOSHA
EQUIPMENTCITED:
HAZARDCITED:
FORDETAILEDINFORMATION SEEOSHACITATIONPOSTEDAT:
[62 FR 15337, Mar. 31, 1997]
BACKGROUNDCOLOR-ORANGE MESSAGECOLOR-BLACK
§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.
[36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]
§1903.21
State administration
Nothing in this part 1903 shall preempt the authority of any State to conduct inspections, to initiate enforcement proceedings or otherwise to implement the applicable provisions of State law with respect to State occupational safety and health standards in accordance with agreements and plans under section 18 of the Act and parts 1901 and 1902 of this chapter.
[36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]
§1903.22
Definitions
(a) Act means the Williams-Steiger Occupational Safety and Health Act of 1970. (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.)
(b) The definitions and interpretations contained in section 3 of the Act shall be applicable to such terms when used in this part 1903.
(c) Working days means Mondays through Fridays but shall not include Saturdays, Sundays, or Federal holidays. In computing 15 working days, the day of receipt of any notice shall not be included, and the last day of the 15 working days shall be included.
(d) Compliance Safety and Health Officer means a person authorized by the Occupational Safety and Health Administration, U.S. Department of Labor, to conduct inspections.
(e) Area Director means the employee or officer regularly or temporarily in charge of an Area Office of the Occupational Safety and Health Administration, U.S. Department of Labor, or any other person or persons who are authorized to act for such employee or officer. The latter authorizations may include general delegations of the authority of an Area Director under this part to a Compliance Safety and Health Officer or delegations to such an officer for more limited purposes, such as the exercise of the Area Director's duties under §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.
[36 FR 17850, Sept. 4, 1971, as amended at 38 FR 22624, Aug. 23, 1973. Redesignated at 62 FR 15337, Mar. 31, 1997]
Authority: Secs. 8 and 9 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Section 701, Pub. L. 11474; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Subpart A – Purpose
§1904.0
Purpose
The purpose of this rule (part 1904) is to require employers to record and report work-related fatalities, injuries, and illnesses.
Note to §1904.0: Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for workers' compensation or other benefits.
[82 FR 20548, May 3, 2017]
Subpart B – Scope
Note to Subpart B: All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by these Part 1904 regulations. However, most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records.
§1904.1
Partial exemption for employers with 10 or fewer employees
(a) Basic requirement. [§1904.1(a)]
(1) If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under §1904.41 or §1904.42. However, as required by §1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.
[§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) Implementation [§1904.1(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) Implementation [§1904.2(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)]
[66 FR 6122, Jan. 19, 2001, as amended at 79 FR 56186, Sept. 18, 2014] §1904.3
Keeping records for more than one agency 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).
1904 - Recording and Reporting Occupational Injuries and Illnesses
(continued)
Industry
4512 Book, Periodical, and Music Stores. 5511 Management of Companies and Enterprises.
4531 Florists. 5611 Office Administrative Services.
4532 Office Supplies, Stationery, and Gift Stores. 5614Business Support Services.
4812 Nonscheduled Air Transportation. 5615 Travel Arrangement and Reservation Services.
4861 Pipeline Transportation of Crude Oil. 5616 Investigation and Security Services.
4862 Pipeline Transportation of Natural Gas. 6111 Elementary and Secondary Schools.
4869Other Pipeline Transportation.6112Junior Colleges.
4879 Scenic and Sightseeing Transportation, Other. 6113 Colleges, Universities, and Professional Schools.
4885 Freight Transportation Arrangement. 6114 Business Schools and Computer and Management Training.
5111 Newspaper, Periodical, Book, and Directory Publishers. 6115 Technical and Trade Schools.
5112Software Publishers.6116Other Schools and Instruction.
5121 Motion Picture and Video Industries. 6117 Educational Support Services.
5122Sound Recording Industries.6211Offices of Physicians.
5151 Radio and Television Broadcasting. 6212 Offices of Dentists.
5172 Wireless Telecommunications Carriers (except Satellite). 6213 Offices of Other Health Practitioners.
5173 Telecommunications Resellers. 6214 Outpatient Care Centers.
5179Other Telecommunications.6215 Medical and Diagnostic Laboratories.
5181 Internet Service Providers and Web Search Portals. 6244 Child Day Care Services.
5182 Data Processing, Hosting, and Related Services. 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures.
5191 Other Information Services. 7115 Independent Artists, Writers, and Performers.
5211 Monetary Authorities — Central Bank. 7213 Rooming and Boarding Houses.
5221 Depository Credit Intermediation. 7221 Full-Service Restaurants.
5222 Nondepository Credit Intermediation. 7222Limited-Service Eating Places.
5223 Activities Related to Credit Intermediation. 7224 Drinking Places (Alcoholic Beverages).
5231 Securities and Commodity Contracts Intermediation and Brokerage. 8112 Electronic and Precision Equipment Repair and Maintenance.
5232 Securities and Commodity Exchanges. 8114 Personal and Household Goods Repair and Maintenance.
5239 Other Financial Investment Activities. 8121Personal Care Services.
5241 Insurance Carriers. 8122 Death Care Services.
5242 Agencies, Brokerages, and Other Insurance Related Activities. 8131Religious Organizations.
5251 Insurance and Employee Benefit Funds. 8132 Grantmaking and Giving Services.
5259 Other Investment Pools and Funds. 8133 Social Advocacy Organizations.
5312 Offices of Real Estate Agents and Brokers. 8134 Civic and Social Organizations.
5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works). 8139 Business, Professional, Labor, Political, and Similar Organizations.
[79 FR 56186, Sept. 18, 2014]
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)]
Updatethepreviously recordedinjuryor illnessentryifnecessary.
Donotrecord theinjuryor illness. Doestheinjuryorillnessmeetthe generalrecordingcriteriaorthe applicationtospecificcases?
Recordthe injuryor illness. Isthe injuryor illnessa newcase? Isthe injuryor illnessworkrelated? Didtheemployee experienceaninjury orillness?
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017]
§1904.5
Determination of work-relatedness
Determination of work-relatedness
(a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §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 condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.”
[§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) At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.
(ii)
(iii)
(iv)
(v)
The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment.
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.
The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related.
Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related.
The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.
(vi) The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted.
(vii) The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.
(viii)
(ix)
The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered workrelated if the employee is infected at work).
The illness is a mental illness. Mental illness will not be considered workrelated 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)]
(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). 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. [§1904.5(b)(6)]
1904.5(b)(6)
If the employee has . . .
You may use the following to determine if an injury or illness is work-related
(i) checked into a hotel or motel for one or more days
When a traveling employee checks into a hotel, motel, or into an other temporary residence, he or she establishes a “home away from home.” You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their 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.
(ii) taken a detour for personal reasons
Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons).
(7) How do I decide if a case is work-related when the employee is working at home? Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting. For example, if an employee drops a box of work documents and injures his or her foot, the case is considered 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
1904 - Recording and Reporting Occupational Injuries and Illnesses
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 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) Implementation [§1904.7(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)]
(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)]
(4) How do I record a work-related injury or illness that results in restricted work or job transfer? When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column. [§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)]
§1904.8
1904 - Recording and Reporting Occupational Injuries and Illnesses
(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 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 pre-existing 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.)
[67 FR 44047, July 1, 2002, as amended at 67 FR 77170, Dec. 17, 2002; 84 FR 21457, May 14, 2019] §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
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)]
[66 FR 6122, Jan. 19, 2001, as amended at 66 FR 52034, Oct. 12, 2001; 67 FR 77170, Dec. 17, 2002; 68 FR 38607, June 30, 2003; 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017]
Subpart D – Other OSHA Injury and Illness Recordkeeping Requirements
§1904.30
Multiple business establishments
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 short-term establishments (i.e., establishments that will exist for less than a year)? Yes, however, you do not have to keep a separate OSHA 300 Log for each such establishment. You may keep one OSHA 300 Log that covers all of your short-term establishments. You may also include the short-term establishments' recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions. [§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
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 dayto-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-today supervision) or on the other employer's OSHA 300 Log (if that company provides day-to-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 §1904.6(b)(4), the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A Summary form. [§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)]
(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)]
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017] §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) Implementation [§1904.33(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)]
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017]
§1904.34
Change in business ownership
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.
[82 FR 20549, May 3, 2017]
§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) Implementation [§1904.35(b)]
(1) What must I do to make sure that employees report workrelated 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 workrelated 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)]
[81 FR 29691, May 12, 2016; 81 FR 31854, May 20, 2016, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017]
§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.
[81 FR 29692, May 12, 2016]
§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)]
[66 FR 6122, Jan. 19, 2001, as amended at 80 FR 49904, Aug. 18, 2015]
§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)]
§1904.39
1904 - Recording and Reporting Occupational Injuries and Illnesses
(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) Implementation [§1904.39(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, in-patient 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, inpatient 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, 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)(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 workrelated 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 in-patient 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)]
[79 FR 56187, Sept. 18, 2014] §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)]
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017] §1904.41 §1904.41
Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA.
(a) Basic requirements [1904.41(a)] Electronic submission of Employer Identification Number (EIN)
(1) Annual electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments with 250 or more employees. If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from 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 (for example, 2019 for the 2018 form). [1904.41(a)(1)]
(2) Annual electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries. If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form. [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 submit this information to OSHA? No, only two categories of employers must routinely submit this information. First, if your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must submit the required information to OSHA once a year. Second, if your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to this subpart, then you must submit the required information to OSHA once a year. Employers in these two categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2019 for the 2018 form). If you are not in either of these two 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)]
§1904.42
1904 - Recording and Reporting Occupational Injuries and Illnesses
(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)]
(c) Reporting dates. [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)]
Establishments
Submission year
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
(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)]
[81 FR 29692, May 12, 2016, as amended at 82 FR 55765, Nov. 24, 2017; 84 FR 405, Jan. 25, 2019] §1904.42
Requests from the Bureau of Labor Statistics for data 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 State-Plan 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 to Subpart E of Part 1904 — Designated Industries for §1904.41(a)(2) Annual Electronic Submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20 or More Employees but Fewer Than 250 Employees in Designated Industries
Agriculture, forestry, fishing and hunting. 4921 Couriers and
and local delivery.
23Construction.4931Warehousing and storage.
Manufacturing. 5152 Cable and other subscription programming. 42Wholesale trade.5311Lessors of real estate.
4413 Automotive parts, accessories,
4521Department stores.6219 Other ambulatory health care services. 4529 Other general merchandise stores. 6221 General medical and surgical hospitals.
4533Used merchandise stores.6222 Psychiatric and substance abuse hospitals.
4542 Vending machine operators. 6223 Specialty (except psychiatric and substance abuse) hospitals.
selling establishments.6231Nursing care facilities.
4811 Scheduled air transportation. 6232 Residential mental retardation, mental health and substance abuse facilities.
4841General freight trucking.6233 Community care facilities for the elderly.
4842 Specialized freight trucking. 6239 Other residential care facilities.
4851Urban transit systems.6242 Community food and housing, and emergency and other relief services.
4852 Interurban and rural bus transportation. 6243 Vocational rehabilitation services.
4853Taxi and limousine service.7111Performing arts companies.
4854 School and employee bus transportation. 7112 Spectator sports.
4855Charter bus industry.7121 Museums, historical sites, and similar institutions.
4859 Other transit and ground passenger transportation. 7131 Amusement parks and arcades.
4871 Scenic and sightseeing transportation, land. 7132Gambling industries.
4881 Support activities for air transportation. 7211 Traveler accommodation.
4882 Support activities for rail transportation. 7212 RV (recreational vehicle) parks and recreational camps.
4883 Support activities for water transportation. 7213 Rooming and boarding houses.
4884 Support activities for road transportation. 7223Special food services.
4889 Other support activities for transportation. 8113
Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance.
4911Postal service.8123 Dry-cleaning and laundry 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 Standard Industrial Classification Manual (1987) applies to the joint activities of the establishments; and
(iv) Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.
(2) Can an establishment include more than one physical location? Yes, but only under certain conditions. An employer may combine two or more physical locations into a single establishment only when:
(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).
Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
§1904.46 1904 - Recording and Reporting Occupational Injuries and Illnesses
Notes
Part 1915 – Occupational Safety And Health Standards For Shipyard Employment
Subpart A – General Provisions
§1915.1
Purpose and authority
The provisions in this part constitute safety and health regulations issued by the Secretary pursuant to section 41 of the Longshoremen's and Harbor Workers' Compensation Act, as amended (33 U.S.C. 941) and occupational safety and health standards issued by the Secretary pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655).
§1915.2
Scope and application
(a) Except where otherwise provided, the provisions of this part shall apply to all ship repairing, shipbuilding and shipbreaking employments and related employments. [§1915.2(a)]
(b) This part does not apply to matters under the control of the United States Coast Guard within the scope of Title 52 of the Revised Statutes and acts supplementary or amendatory thereto (46 U.S.C. secs. 1-1388 passim) including, but not restricted to, the master, ship's officer, crew members, design, construction and maintenance of the vessel, its gear and equipment; to matters within the regulatory authority of the United States Coast Guard to safeguard vessels, harbors, ports and waterfront facilities under the provisions of the Espionage Act of June 17, 1917, as amended (50 U.S.C. 191 et seq.; 22 U.S.C. 401 et seq.); including the provisions of Executive Order 10173, as amended by Executive Orders 10277 and 10352 (3 CFR, 1949-1953 Comp., pp. 356, 778 and 873); or to matters within the regulatory authority of the United States Coast Guard with respect to lights, warning devices, safety equipment and other matters relating to the promotion of safety of lives and property under section 4(e) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333). [§1915.2(b)]
§1915.3
Responsibility
(a) The responsibility for compliance with the regulations of this part is placed upon “employers” as defined in §1915.4. [§1915.3(a)]
(b) This part does not apply to owners, operators, agents or masters of vessels unless such persons are acting as “employers.” However, this part is not intended to relieve owners, operators, agents or masters of vessels who are not “employers” from responsibilities or duties now placed upon them by law, regulation or custom. [§1915.3(b)]
(c) The responsibilities placed upon the competent person herein shall be deemed to be the responsibilities of the employer. [§1915.3(c)]
§1915.4
Definitions
(a) The term shall indicates provisions which are mandatory.
(b) The term Secretary means the Secretary of Labor.
(c) The term employer means an employer, any of whose employees are employed, in whole or in part, in ship repairing, shipbuilding, shipbreaking or related employments as defined in this section on the navigable waters of the United States, including dry docks, graving docks and marine railways.
(d) The term employee means any person engaged in ship repairing, shipbuilding, shipbreaking or related employments on the navigable waters of the United States, including dry docks, graving docks and marine railways, other than the master, ship's officers, crew of the vessel, or any person engaged by the master to repair any vessel under 18 net tons.
(e) The term gangway means any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel including accommodation ladders, gangplanks and brows.
(f) The term vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.
(g) For purposes of §1915.74, the term barge means an unpowered, flat bottom, shallow draft vessel including scows, carfloats and lighters. For purposes of this section, the term does not include ship shaped or deep draft barges.
(h) For purposes of §1915.74, the term river tow boat means a shallow draft, low free board, self-propelled vessel designed to
tow river barges by pushing ahead. For purposes of this section, the term does not include other towing vessels.
(i) The term shipyard employment means ship repairing, shipbuilding, shipbreaking and related employments.
(j) The terms ship repair and ship repairing mean any repair of a vessel including, but not restricted to, alterations, conversions, installations, cleaning, painting, and maintenance work.
(k) The term shipbuilding means the construction of a vessel including the installation of machinery and equipment.
(l) The term shipbreaking means any breaking down of a vessel's structure for the purpose of scrapping the vessel, including the removal of gear, equipment or any component part of a vessel.
(m) The term related employment means any employment performed as an incident to or in conjunction with ship repairing, shipbuilding or shipbreaking work, including, but not restricted to, inspection, testing, and employment as a watchman.
(n) The term hazardous substance means a substance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritant, or otherwise harmful is likely to cause injury.
(o) The term competent person for purposes of this part means a person who is capable of recognizing and evaluating employee exposure to hazardous substances or to other unsafe conditions and is capable of specifying the necessary protection and precautions to be taken to ensure the safety of employees as required by the particular regulation under the condition to which it applies. For the purposes of subparts B, C, and D of this part, except for §1915.35(b)(8) and §1915.36(a)(5), to which the above definition applies, the competent person must also meet the additional requirements of §1915.7.9
(p) The term confined space means a compartment of small size and limited access such as a double bottom tank, cofferdam, or other space which by its small size and confined nature can readily create or aggravate a hazardous exposure.
(q) The term enclosed space means any space, other than a confined space, which is enclosed by bulkheads and overhead. It includes cargo holds, tanks, quarters, and machinery and boiler spaces.
(r) The term hot work means riveting, welding, burning or other fire or spark producing operations.
(s) The term cold work means any work which does not involve riveting, welding, burning or other fire or spark producing operations.
(t) The term portable unfired pressure vessel means any pressure container or vessel used aboard ship, other than the ship's equipment, containing liquids or gases under pressure, excepting pressure vessels built to Department of Transportation regulations under 49 CFR part 178, subparts C and H.
(u) The term powder actuated fastening tool means a tool or machine which drives a stud, pin, or fastener by means of an explosive charge.
(v) For purposes of §1915.97, the term hazardous material means a material which has one or more of the following characteristics:
(1) Has a flash point below 140 °F., closed cup, or is subject to spontaneous heating;
(2) Has a threshold limit value below 500 p.p.m. in the case of a gas or vapor, below 500 mg./m.3 for fumes, and below 25 m.p.p.c.f. in case of a dust;
(3) Has a single dose oral LD50 below 500 mg./kg.;
(4) Is subject to polymerization with the release of large amounts of energy;
(5) Is a strong oxidizing or reducing agent;
(6) Causes first degree burns to skin in short time exposure, or is systemically toxic by skin contact; or
(7) In the course of normal operations, may produce dusts, gases, fumes, vapors, mists, or smokes which have one or more of the above characteristics.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]
§1915.5
Incorporation by reference
(a) Specifications, standards, and codes of agencies of the U.S. Government, to the extent specified in the text, form a part of the regulations of this part. In addition, under the authority vested in the Secretary under the Act, the specifications, standards, and codes of organizations which are not agencies of the U.S. Government, in effect on the date of the promulgation of the regulations of this part as listed below, to the extent specified in the text, form a part of the regulations of this part. [§1915.5(a)]
(b) (1) The standards listed in this section are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
section, OSHA must publish a document in the Federal Register and the material must be available to the public. [1915.5(b)(1)]
(2) Any changes in the standards incorporated by reference in this part and an official historic file of such changes are available for inspection in the Docket Office at the national office of the Occupational Safety and Health Administration, U.S. Department of Labor, Washington, DC 20210; telephone: 202-6932350 (TTY number: 877-889-5627). [1915.5(b)(2)]
(c) Copies of standards listed in this section and issued by private standards organizations are available for purchase from the issuing organizations at the addresses or through the other contact information listed below for these private standards organizations. In addition, the standards are available for inspection at any Regional Office of the Occupational Safety and Health Administration (OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3508, Washington, DC 20210; telephone: 202693-2350 (TTY number: 877-889-5627). These standards are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of these standards at NARA, telephone: 202-741-6030, or go to www.archives.gov/federalregister/cfr/ibr-locations.html. [1915.5(c)]
(d) Except as noted, copies of the standards listed in this paragraph (d) are available for purchase from the American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://www.ansi.org. [1915.5(d)]
(1) ANSI A14.1-1975 Safety Requirements for Portable Wood Ladders, IBR approved for §1915.72(a)(6). [1915.5(d)(1)]
(2) ANSI A14.2-1972 Safety Requirements for Portable Metal Ladders, IBR approved for §1915.72(a)(4). [1915.5(d)(2)]
(3) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection of Abrasive Wheels, IBR approval for §1915.134(c) [1915.5(d)(3)]
(4) ANSI Z41-1999, American National Standard for Personal Protection — Protective Footwear; IBR approved for §1915.156(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708285-0797; Web site: http://www.nsc.org [1915.5(d)(4)]
(5) ANSI Z41-1991, American National Standard for Personal Protection — Protective Footwear; IBR approved for §1915.156(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://www.nsc.org [1915.5(d)(5)]
(6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, Approved April 13, 2010; IBR approved for §1915.153(b). Copies are available for purchase from: [1915.5(d)(6)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [1915.5(d)(6)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [1915.5(d)(6)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [1915.5(d)(6)(iii)]
(7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, approved June 19, 2003; IBR approved for §1910.153(b). Copies available for purchase from the: [1915.5(d)(7)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [1915.5(d)(7)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [1915.5(d)(7)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [1915.5(d)(7)(iii)]
(8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, Reaffirmation approved January 4, 1999; IBR approved for §1910.153(b). Copies are available for purchase from: [1915.5(d)(8)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [1915.5(d)(8)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [1915.5(d)(8)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [1915.5(d)(8)(iii)]
(9) American National Standards Institute (ANSI) Z89.1-2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for §1915.155(b)(1)(i). Copies of ANSI Z89.1-2009 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 222091762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org. [1915.5(d)(9)]
(10) American National Standards Institute (ANSI) Z89.1-2003, American National Standard for Industrial Head Protection; IBR approved for §1915.155(b)(1)(ii). Copies of ANSI Z89.12003 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209- 1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
[1915.5(d)(10)]
(11) American National Standards Institute (ANSI) Z89.1-1997, American National Standard for Personnel Protection — Protective Headwear for Industrial Workers — Requirements; IBR approved for §1915.155(b)(1)(iii). Copies of ANSI Z89.11997 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
[1915.5(d)(11)]
(12) ANSI/IESNA RP-7-01, Recommended Practice for Lighting Industrial Facilities, ANSI approved July 26, 2001, IBR approved for §1915.82(a)(3). [1915.5(d)(12)]
(13) ANSI/ISEA Z308.1-2009, Revision of ANSI Z308.1-2003, Minimum Requirements for Workplace First Aid Kits and Supplies, ANSI approved May 8, 2009, IBR approved for §1915.87 Appendix A. [1915.5(d)(13)]
(e) The following material is available for purchase from the American Society of Mechanical Engineers, 345 East 47th Street, New York, New York 10017: [1915.5(e)]
(1) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963, IBR approved for §1915.172(a). [1915.5(e)(1)]
(2) [Reserved] [1915.5(e)(2)]
(f) The following material is available for purchase from the American Conference of Governmental Industrial Hygienists (ACGIH), 1014 Broadway, Cincinnati, OH 45202: [1915.5(f)]
(1) Threshold limit values, 1970, IBR approved for §§1915.12(b) and 1915.1000, table Z. [1915.5(f)(1)]
(2) [Reserved] [1915.5(f)(2)]
(g) Copies of the standards listed in this paragraph (g) are available for purchase from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http://www.astm.org: [1915.5(g)]
(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR approved for §1915.156(b)(1)(i). [1915.5(g)(1)]
(2) ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear; IBR approved for §1915.156(b)(1)(i). [1915.5(g)(2)]
(h) The following material is available from the International Labour Organization (ILO), 4 route des Morillons, CH-1211 Genève 22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41 (0) 22 798 8685; website: www.ilo.org/. [1915.5(h)]
(1) Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational safety and health series; 22 (Rev.2011), IBR approved for §1915.1001. [1915.5(h)(1)]
(2) [Reserved] [1915.5(h)(2)]
(i) The following material is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101: [1915.5(i)]
(1) NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services, IBR approved for 1915.505(e)(3)(v). [1915.5(i)(1)]
(2) NFPA 1971-2000, Standard on Protective Ensemble for Structural Fire Fighting, IBR approved for §1915.505(e)(4)(ii).
[1915.5(i)(2)]
(3) NFPA 1976-2000, Standard on Protective Ensemble for Proximity Fire Fighting, IBR approved for §1915.505(e)(5).
[1915.5(i)(3)]
(4) NFPA 1982-1998, Standard on Personal Alert Safety Systems (PASS), IBR approved for §1915.505(e)(6)(ii). [1915.5(i)(4)]
(5) NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components, IBR approved for §1915.505(e)(7)(i). [1915.5(i)(5)]
(6) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR approved for §§1915.507(b)(1) and (b)(2). [1915.5(i)(6)]
(7) NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems, IBR approved for §§1915.507(b)(2) and (d)(1). [1915.5(i)(7)]
(8) NFPA 72-2002 National Fire Alarm Code, IBR approved for §1915.507(c)(6). [1915.5(i)(8)]
(9) NFPA 13-2002 Standard for the Installation of Sprinkler Systems, IBR approved for §1915.507(d)(2). [1915.5(i)(9)]
(10)NFPA 750-2003 Standard on Water Mist Fire Protection Systems, IBR approved for §1915.507(d)(2). [1915.5(i)(10)]
(11)NFPA 25-2002, Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, IBR approved for §1915.507(d)(2). [1915.5(i)(11)]
(12)NFPA 15-2001, Standard for Water Spray Fixed Systems for Fire Protection, IBR approved for §1915.507(d)(3). [1915.5(i)(12)]
(13)NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam, IBR approved for §1915.507(d)(3). [1915.5(i)(13)]
(14)NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems, IBR approved for §1915.507(d)(4). [1915.5(i)(14)]
(15)NFPA 12-2005, Standard on Carbon Dioxide Extinguishing Systems, IBR approved for §1915.507(d)(5). [1915.5(i)(15)]
(16)NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing Systems, IBR approved for §1915.507(d)(5). [1915.5(i)(16)]
(17)NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing Systems, IBR approved for §1915.507(d)(5). [1915.5(i)(17)]
(18)NFPA 1403-2002, Standard on Live Fire Training Evolutions, IBR approved for §1915.508(d)(8). [1915.5(i)(18)]
Editor's Note: Federal Register 1218-AC67 dated May 14, 2019, reorganized and updated §1915.5. The eCFR partially integrated these changes. However, (i) is presented out of order. It is displayed as part of (f).
[61 FR 26359, May 24, 1996, as amended at 67 FR 44541, July 3, 2002; 69 FR 18803, Apr. 9, 2004; 69 FR 55702, Sept. 15, 2004; 71 FR 60846, Oct. 17, 2006; 74 FR 46357, Sept. 9, 2009; 76 FR 24698, May 2, 2011; 77 FR 37598, June 22, 2012; 81 FR 16090, Mar. 25, 2016; 84 FR 21555, May 14, 2019]
§1915.6
Commercial diving operations
Commercial diving operations shall be subject to subpart T of part 1910, §§1910.401-1910.441 of this chapter.
§1915.7
Competent person
Competent person
(a) Application. This section applies to shipyard employment. [§1915.7(a)]
(b) Designation. [§1915.7(b)]
(1) One or more competent persons shall be designated by the employer in accordance with the applicable requirements of this section, unless the requirements of subparts B, C, D and H of this part are always carried out by a Marine Chemist. Exception: The employer may designate any person who meets the applicable portions of the criteria set forth in paragraph (c) of this section as a competent person who is limited to performing testing to the following situations: [§1915.7(b)(1)]
(i) Repair work on small craft in boat yards where only combustible gas indicator tests are required for fuel tank leaks or when using flammable paints below decks; [§1915.7(b)(1)(i)]
(ii) Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required; [§1915.7(b)(1)(ii)]
(iii) The breaking of vessels where there is no fuel oil or other flammable hazard; and [§1915.7(b)(1)(iii)]
(iv) Tests and inspections performed to comply with §§1915.35(b)(8) and 1915.36(a)(5). [§1915.7(b)(1)(iv)]
(2)(i) The employer shall maintain either a roster of designated competent persons or a statement that a Marine Chemist will perform the tests or inspections which require a competent person. [§1915.7(b)(2)(i)]
(ii) The employer shall make the roster of designated persons or the statement available to employees, the employee's representative, the Director or the Assistant Secretary upon request. [§1915.7(b)(2)(ii)]
(iii) The roster shall contain, as a minimum, the following: [§1915.7(b)(2)(iii)]
[A] The employers' name, [§1915.7(b)(2)(iii)[A]]
[B] The designated competent person's name(s), and [§1915.7(b)(2)(iii)[B]]
[C] The date the employee was trained as a competent person. [§1915.7(b)(2)(iii)[C]]
(c) Criteria. The employer shall ensure that each designated competent person has the following skills and knowledge: [§1915.7(c)]
(1) Ability to understand and carry out written or oral information or instructions left by Marine Chemist, Coast Guard authorized persons and Certified Industrial Hygienists; [§1915.7(c)(1)]
(2) Knowledge of subparts B, C, D and H of this part;
[§1915.7(c)(2)]
(3) Knowledge of the structure, location, and designation of spaces where work is done; [§1915.7(c)(3)]
(4) Ability to calibrate and use testing equipment including but not limited to, oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and to interpret accurately the test results of that equipment;
[§1915.7(c)(4)]
(5) Ability to perform all required tests and inspections which are or may be performed by a competent person as set forth in subparts B, C, D and H of this part. [§1915.7(c)(5)]
(6) Ability to inspect, test, and evaluate spaces to determine the need for further testing by a Marine Chemist or a Certified Industrial Hygienist; and [§1915.7(c)(6)]
(7) Ability to maintain records required by this section.
[§1915.7(c)(7)]
(d) Recordkeeping. [§1915.7(d)]
(1) When tests and inspections are performed by a competent person, Marine Chemist, or Certified Industrial Hygienist as required by any provisions of subparts B, C, D, or H of this part, the employer shall ensure that the person performing the test and inspection records the location, time, date, location of inspected spaces, and the operations performed, as well as the test results and any instructions.
[§1915.7(d)(1)]
(2) The employer shall ensure that the records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. The records shall be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.
[§1915.7(d)(2)]
(3) The employer shall ensure that the records are available for inspection by the Assistant Secretary, Director, and employees and their representatives. [§1915.7(d)(3)]
[59 FR 37856, July 25, 1994]
§1915.8
OMB control numbers under the Paperwork Reduction Act
The following sections or paragraphs contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed.
1915.113 1218-0220 1915.1010 1218-0082
1915.152(b)1218-02151915.10111218-0090
1915.152(e) 1218-0215 1915.1012 1218-0080
1915.159(d)1218-02151915.10131218-0079
1915.160(d) 1218-0215 1915.1014 1218-0088
1915.1721218-02201915.10151218-0044
1915.501(d) 1218-0248 1915.1016 1218-0081
1915.502(a)1218-0248 1915.10171218-0010
1915.502(b) 1218-0248 1915.1018 1218-0104
1915.502(c)1218-0248 1915.10241218-0267
1915.502(d) 1218-0248 1915.1025 1218-0092
1915.504(a)1218-0248 1915.10261218-0252
1915.505(a) 1218-0248 1915.1027 1218-0185
1915.505(b)1218-0248 1915.10281218-0129
1915.505(d) 1218-0248 1915.1030 1218-0180
1915.506(b)1218-0248 1915.10441218-0101
[61
(continued)
1915.507(c) 1218-0248 1915.1045 1218-0126
1915.508(a)1218-0248 1915.10471218-0108
1915.508(b) 1218-0248 1915.1048 1218-0145
1915.508(c)1218-0248 1915.10501218-0184
1915.508(d) 1218-0248 1915.1053 1218-0266
1915.508(e)1218-0248 1915.11201218-0065
1915.508(f) 1218-0248 1915.1200 1218-0072
1915.10011218-0195 1915.14501218-0131
1915.1003 1218-0085
§1915.9
Compliance duties owed to each employee
(a) Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation. [§1915.9(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. [§1915.9(b)]
[73 FR 75587, Dec. 12, 2008]
Subpart B – Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment
Source: 59 FR 37857, July 25, 1994, unless otherwise noted. §1915.11
Scope, application and definitions applicable to this subpart
(a) Scope and application. This subpart applies to work in confined and enclosed spaces and other dangerous atmospheres in shipyard employment, including vessels, vessel sections, and on landside operations regardless of geographic location. [§1915.11(a)]
(b) Definitions applicable to this subpart.
Adjacent spaces means those spaces bordering a subject space in all directions, including all points of contact, corners, diagonals, decks, tank tops, and bulkheads.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, or designated representative.
Certified Industrial Hygienist (CIH) means an industrial hygienist who is certified by the American Board of Industrial Hygiene. Coast Guard authorized person means an individual who meets the requirement of appendix B to subpart B of this part 1915 for tank vessels, for passenger vessels, and for cargo and miscellaneous vessels.
Dangerous atmosphere means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space), injury, or acute illness.
Director means the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designated representative.
Enter with Restrictions denotes a space where entry for work is permitted only if engineering controls, personal protective equipment, clothing, and time limitations are as specified by the Marine Chemist, Certified Industrial Hygienist, or the shipyard competent person.
Entry means the action by which a person passes through an opening into a space. Entry includes ensuing work activities in that
space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.
Hot work means any activity involving riveting, welding, burning, the use of powder-actuated tools or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark-producing operations are also considered hot work except when such operations are isolated physically from any atmosphere containing more than 10 percent of the lower explosive limit of a flammable or combustible substance.
Immediately dangerous to life or health (IDLH) means an atmosphere that poses an immediate threat to life or that is likely to result in acute or immediate severe health effects.
Inert or inerted atmosphere means an atmospheric condition where:
(1) The oxygen content of the atmosphere in the space is maintained at a level equal to or less than 8.0 percent by volume or at a level at or below 50 percent of the amount required to support combustion, whichever is less; or
(2) The space is flooded with water and the vapor concentration of flammable or combustible materials in the free space atmosphere above the water line is less than 10 percent of the lower explosive limit for the flammable or combustible material. Labeled means identified with a sign, placard, or other form of written communication, including pictograms, that provides information on the status or condition of the work space to which it is attached.
Lower explosive limit (LEL) means the minimum concentration of vapor in air below which propagation of a flame does not occur in the presence of an ignition source.
Marine Chemist means an individual who possesses a current Marine Chemist Certificate issued by the National Fire Protection Association.
Not Safe for Hot Work denotes a space where hot work may not be performed because the conditions do not meet the criteria for Safe for Hot Work.
Nationally Recognized Testing Laboratory (NRTL) means an organization recognized by OSHA, in accordance with appendix A of 29 CFR 1910.7, which tests for safety and lists or labels or accepts equipment and materials that meet all the criteria found in §1910.7(b)(1) through (b)(4)(ii).
Not Safe for Workers denotes a space where an employee may not enter because the conditions do not meet the criteria for Safe for Workers.
Oxygen-deficient atmosphere means an atmosphere having an oxygen concentration of less than 19.5 percent by volume.
Oxygen-enriched atmosphere means an atmosphere that contains 22.0 percent or more oxygen by volume.
Safe for Hot Work denotes a space that meets all of the following criteria:
(1) The oxygen content of the atmosphere does not exceed 22.0 percent by volume;
(2) The concentration of flammable vapors in the atmosphere is less than 10 percent of the lower explosive limit;
(3) The residues or materials in the space are not capable of producing a higher concentration than permitted in paragraph (1) or (2) of the above, under existing atmospheric conditions in the presence of hot work and while maintained as directed by the Marine Chemist or competent person, and
(4) All adjacent spaces have been cleaned, or inerted, or treated sufficiently to prevent the spread of fire.
Safe for Workers denotes a space that meets the following criteria:
(1) The oxygen content of the atmosphere is at least 19.5 percent and below 22 percent by volume;
(2) The concentration of flammable vapors is below 10 percent of the lower explosive limit (LEL);
(3) Any toxic materials in the atmosphere associated with cargo, fuel, tank coatings, or inerting media are within permissible concentrations at the time of the inspection; and
(4) Any residues or materials associated with the work authorized by the Marine Chemist, Certified Industrial Hygienist, or competent person will not produce uncontrolled release of toxic materials under existing atmospheric conditions while maintained as directed.
Space means an area on a vessel or vessel section or within a shipyard such as, but not limited to: cargo tanks or holds; pump or engine rooms; storage lockers; tanks containing flammable or combustible liquids, gases, or solids; rooms within buildings; crawl spaces; tunnels; or accessways. The atmosphere within a space is the entire area within its bounds.
Upper explosive limit (UEL) means the maximum concentration of flammable vapor in air above which propagation of flame does not occur on contact with a source of ignition.
Precautions and the order of testing before entering confined and enclosed spaces
Vessel section means a sub-assembly, module, or other component of a vessel being built, repaired, or broken.
Visual inspection means the physical survey of the space, its surroundings and contents to identify hazards such as, but not limited to, restricted accessibility, residues, unguarded machinery, and piping or electrical systems.
§1915.12
Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres
The employer shall ensure that atmosphereic testing is performed in the following sequence: oxygen content, flammability, toxicity.
(a) Oxygen content. [§1915.12(a)]
(1) The employer shall ensure that the following spaces are visually inspected and tested by a competent person to determine the atmosphere's oxygen content prior to initial entry into the space by an employee: [§1915.12(a)(1)]
(i) Spaces that have been sealed, such as, but not limited to, spaces that have been coated and closed up, and non-ventilated spaces that have been freshly painted; [§1915.12(a)(1)(i)]
(ii) Spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases; [§1915.12(a)(1)(ii)]
(iii) Spaces and adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive, or irritant; [§1915.12(a)(1)(iii)]
(iv) Spaces and adjacent spaces that have been fumigated; and [§1915.12(a)(1)(iv)]
(v) Spaces containing materials or residues of materials that create an oxygen-deficient atmosphere. [§1915.12(a)(1)(v)]
(2) If the space to be entered contains an oxygen deficient atmosphere, the space shall be labeled “Not Safe for Workers” or, if oxygen-enriched, “Not Safe for Workers — Not Safe for Hot Work.” If an oxygen-deficient or oxygen-enriched atmosphere is found, ventilation shall be provided at volumes and flow rates sufficient to ensure that the oxygen content is maintained at or above 19.5 percent and below 22.0 percent by volume. The warning label may be removed when the oxygen content is equal to or greater than 19.5 and less than 22.0 percent by volume. [§1915.12(a)(2)]
(3) An employee may not enter a space where the oxygen content, by volume, is below 19.5 percent or above 22.0 percent.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space provided: [§1915.12(a)(3)]
(i) The atmosphere in the space is monitored for oxygen content, by volume, continuously; and [§1915.12(a)(3)(i)]
(ii) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with subpart I of this part. [§1915.12(a)(3)(ii)]
Note to paragraph (a): Other provisions for work in IDLH atmospheres are located in subpart I of this part.
(b) Flammable atmospheres. [§1915.12(b)]
(1) The employer shall ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases are: [§1915.12(b)(1)]
(i) Inspected visually by the competent person to determine the presence of combustible or flammable liquids; and [§1915.12(b)(1)(i)]
(ii) Tested by a competent person prior to entry by an employee to determine the concentration of flammable vapors and gases within the space. [§1915.12(b)(1)(ii)]
(2) If the concentration of flammable vapors or gases in the space to be entered is equal to or greater than 10 percent of the lower explosive limit, the space shall be labeled “Not Safe for Workers” and “Not Safe for Hot Work.” Ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors is maintained below 10 percent of the lower explosive limit. The warning labels may be removed when the concentration of flammable vapors is below 10 percent of the lower explosive limit. [§1915.12(b)(2)]
(3) An employee may not enter a space where the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit. Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space, provided: [§1915.12(b)(3)]
(i) No ignition sources are present; [§1915.12(b)(3)(i)]
(ii) The atmosphere in the space is monitored continuously; [§1915.12(b)(3)(ii)]
(iii) Atmospheres at or above the upper explosive limit are maintained; and [§1915.12(b)(3)(iii)]
§1915.12(d)
(iv) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with subpart I of this part. [§1915.12(b)(3)(iv)]
Note 1 to paragraph (b): Additional provisions for work in IDLH atmospheres are located in subpart I of this part.
Note 2 to paragraph (b): Additional provisions for work in spaces containing a flammable substance which also has a permissible exposure limit, are located in subpart Z of 29 CFR part 1915, and §1915.12(c).
(c) Toxic, corrosive, irritant or fumigated atmospheres and residues. [§1915.12(c)]
(1) The employer shall ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive or irritant are: [§1915.12(c)(1)]
(i) Inspected visually by the competent person to determine the presence of toxic, corrosive, or irritant residue contaminants; and [§1915.12(c)(1)(i)]
(ii) Tested by a competent person prior to initial entry by an employee to determine the air concentration of toxics, corrosives, or irritants within the space. [§1915.12(c)(1)(ii)]
(2) If a space contains an air concentration of a material which exceeds a part 1915 subpart Z permissible exposure limit (PEL) or is IDLH, the space shall be labeled “Not Safe for Workers.” Ventilation shall be provided at volumes and flow rates which will ensure that air concentrations are maintained within the PEL or, in the case of contaminants for which there is no established PEL, below the IDLH. The warning label may be removed when the concentration of contaminants is maintained within the PEL or below IDLH level. [§1915.12(c)(2)]
(3) If a space cannot be ventilated to within the PELs or is IDLH, a Marine Chemist or CIH must re-test until the space can be certified “Enter with Restrictions” or “Safe for Workers.” [§1915.12(c)(3)]
(4) An employee may not enter a space whose atmosphere exceeds a PEL or is IDLH. Exception: An employee may enter for emergency rescue, or for a short duration for installation of ventilation equipment provided: [§1915.12(c)(4)]
(i) The atmosphere in the space is monitored continuously; [§1915.12(c)(4)(i)]
(ii) Respiratory protection and other necessary and appropriate personal protective equipment and clothing are provided in accordance with subpart I of this part. [§1915.12(c)(4)(ii)]
Note to paragraph (c): Other provisions for work in IDLH atmospheres are located in subpart I of this part.
(d) Training of employees entering confined and enclosed spaces or other dangerous atmospheres. [§1915.12(d)]
(1) The employer shall ensure that each employee that enters a confined or enclosed space and other areas with dangerous atmospheres is trained to perform all required duties safely. [§1915.12(d)(1)]
(2) The employer shall ensure that each employee who enters a confined space, enclosed space, or other areas with dangerous atmospheres is trained to: [§1915.12(d)(2)]
(i) Recognize the characteristics of the confined space; [§1915.12(d)(2)(i)]
(ii) Anticipate and be aware of the hazards that may be faced during entry; [§1915.12(d)(2)(ii)]
(iii) Recognize the adverse health effects that may be caused by the exposure to a hazard; [§1915.12(d)(2)(iii)]
(iv) Understand the physical signs and reactions related to exposures to such hazards; [§1915.12(d)(2)(iv)]
(v) Know what personal protective equipment is needed for safe entry into and exit from the space; [§1915.12(d)(2)(v)]
(vi) Use personal protective equipment; and [§1915.12(d)(2)(vi)]
(vii) Where necessary, be aware of the presence and proper use of barriers that may be needed to protect an entrant from hazards. [§1915.12(d)(2)(vii)]
(3) The employer shall ensure that each entrant into confined or enclosed spaces or other dangerous atmospheres is trained to exit the space or dangerous atmosphere whenever: [§1915.12(d)(3)]
(i) The employer or his or her representative orders evacuation; [§1915.12(d)(3)(i)]
(ii) An evacuation signal such as an alarm is activated ; or [§1915.12(d)(3)(ii)]
(iii) The entrant perceives that he or she is in danger. [§1915.12(d)(3)(iii)]
(4) The employer shall provide each employee with training: [§1915.12(d)(4)]
(i) Before the entrant begins work addressed by this section; and [§1915.12(d)(4)(i)]
(ii) Whenever there is a change in operations or in an employee's duties that presents a hazard about which the employee has not previously been trained. [§1915.12(d)(4)(ii)]
§1915.13
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(5) The employer shall certify that the training required by paragraphs (d)(1) through (d)(4) of this section has been accomplished.
[§1915.12(d)(5)]
(i) The certification shall contain the employee's name, the name of the certifier, and the date(s) of the certification.
[§1915.12(d)(5)(i)]
(ii) The certification shall be available for inspection by the Assistant Secretary, the Director, employees, and their representatives. [§1915.12(d)(5)(ii)]
(e) Rescue teams. The employer shall either establish a shipyard rescue team or arrange for an outside rescue team which will respond promptly to a request for rescue service. [§1915.12(e)]
(1) Shipyard rescue teams shall meet the following criteria:
[§1915.12(e)(1)]
(i) Each employee assigned to the shipyard team shall be provided with and trained to use the personal protective equipment he or she will need, including respirators and any rescue equipment necessary for making rescues from confined and enclosed spaces and other dangerous atmospheres. [§1915.12(e)(1)(i)]
(ii) Each employee assigned to the shipyard rescue team shall be trained to perform his or her rescue functions including confined and enclosed and other dangerous atmosphere entry. [§1915.12(e)(1)(ii)]
(iii) Shipyard rescue teams shall practice their skills at least once every 12 months. Practice drills shall include the use of mannequins and rescue equipment during simulated rescue operations involving physical facilities that approximate closely those facilities from which rescue may be needed. [§1915.12(e)(1)(iii)]
Note to paragraph (e)(1)(iii): If the team performs an actual rescue during the 12 month period, an additional practice drill for that type of rescue is not required.
(iv) At least one person on each rescue team shall maintain current certification in basic first aid which includes maintenance of an airway, control of bleeding, maintenance of circulation and cardiopulmonary resuscitation (CPR) skills. [§1915.12(e)(1)(iv)]
(2) The employer shall inform outside rescue teams of the hazards that the team may encounter when called to perform confined and enclosed space or other dangerous atmosphere rescue at the employer's facility so that the rescue team can be trained and equipped. [§1915.12(e)(2)]
Note to paragraph (e): The criteria for in-house rescue, listed in paragraph (e)(1) can be used by the employer in evaluating outside rescue services.
(f) Exchanging hazard information between employers. Each employer whose employees work in confined and enclosed spaces or other dangerous atmospheres shall ensure that all available information on the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres is exchanged with any other employer whose employees may enter the same spaces. [§1915.12(f)]
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]
§1915.13
Cleaning and other cold work
(a) Locations covered by this section. The employer shall ensure that manual cleaning and other cold work are not performed in the following spaces unless the conditions of paragraph (b) of this section have been met: [§1915.13(a)]
(1) Spaces containing or having last contained bulk quantities of combustible or flammable liquids or gases; and [§1915.13(a)(1)]
(2) Spaces containing or having last contained bulk quantities of liquids, gases or solids that are toxic, corrosive or irritating. [§1915.13(a)(2)]
(b) Requirements for performing cleaning or cold work. [§1915.13(b)]
(1) Liquid residues of hazardous materials shall be removed from work spaces as thoroughly as practicable before employees start cleaning operations or cold work in a space. Special care shall be taken to prevent the spilling or the draining of these materials into the water surrounding the vessel, or for shoreside operations, onto the surrounding work area. [§1915.13(b)(1)]
(2) Testing shall be conducted by a competent person to determine the concentration of flammable, combustible, toxic, corrosive, or irritant vapors within the space prior to the beginning of cleaning or cold work. [§1915.13(b)(2)]
(3) Continuous ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration(s) of:
[§1915.13(b)(3)]
(i) Flammable vapor is maintained below 10 percent of the lower explosive limit; and [§1915.13(b)(3)(i)]
Note to paragraph (b)(3)(i): Spaces containing highly volatile residues may require additional ventilation to keep the concentration of flammable vapors below 10 percent of the lower explosive limit and within the permissible exposure limit.
(ii) Toxic, corrosive, or irritant vapors are maintained within the permissible exposure limits and below IDLH levels.
[§1915.13(b)(3)(ii)]
(4) Testing shall be conducted by the competent person as often as necessary during cleaning or cold work to assure that air concentrations are below 10 percent of the lower explosive limit and within the PELs and below IDLH levels. Factors such as, but not limited to, temperature, volatility of the residues and other existing conditions in and about the spaces are to be considered in determining the frequency of testing necessary to assure a safe atmosphere. [§1915.13(b)(4)]
Note to paragraph (b)(4): See appendix A for additional information on frequency of testing.
(5) Spills or other releases of flammable, combustible, toxic, corrosive, and irritant materials shall be cleaned up as work progresses. [§1915.13(b)(5)]
(6) An employee may not enter a confined or enclosed space or other dangerous atmosphere if the concentration of flammable or combustible vapors in work spaces exceeds 10 percent of the lower explosive limit. Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment provided: [§1915.13(b)(6)]
(i) No ignition sources are present; [§1915.13(b)(6)(i)]
(ii) The atmosphere in the space is monitored continuously; [§1915.13(b)(6)(ii)]
(iii) The atmosphere in the space is maintained above the upper explosive limit; and [§1915.13(b)(6)(iii)]
(iv) Respiratory protection, personal protective equipment, and clothing are provided in accordance with subpart I of this part. [§1915.13(b)(6)(iv)]
Note to paragraph (b)(6): Other provisions for work in IDLH and other dangerous atmospheres are located in subpart I of this part.
(7) A competent person shall test ventilation discharge areas and other areas where discharged vapors may collect to determine if vapors discharged from the spaces being ventilated are accumulating in concentrations hazardous to employees. [§1915.13(b)(7)]
(8) If the tests required in paragraph (b)(7) of this section indicate that concentrations of exhaust vapors that are hazardous to employees are accumulating, all work in the contaminated area shall be stopped until the vapors have dissipated or been removed. [§1915.13(b)(8)]
(9) Only explosion-proof, self-contained portable lamps, or other electric equipment approved by a National Recognized Testing Laboratory (NRTL) for the hazardous location shall be used in spaces described in paragraph (a) of this section until such spaces have been certified as “Safe for Workers.” [§1915.13(b)(9)]
Note to paragraph (b)(9): Battery-fed, portable lamps or other electric equipment bearing the approval of a NRTL for the class, and division of the location in which they are used are deemed to meet the requirements of this paragraph.
(10) The employer shall prominently post signs that prohibit sources of ignition within or near a space that has contained flammable or combustible liquids or gases in bulk quantities: [§1915.13(b)(10)]
(i) At the entrance to those spaces; [§1915.13(b)(10)(i)]
(ii) In adjacent spaces; and [§1915.13(b)(10)(ii)]
(iii) In the open area adjacent to those spaces. [§1915.13(b)(10)(iii)]
(11) All air moving equipment and its component parts, including duct work, capable of generating a static electric discharge of sufficient energy to create a source of ignition, shall be bonded electrically to the structure of a vessel or vessel section or, in the case of land-side spaces, grounded to prevent an electric discharge in the space. [§1915.13(b)(11)]
(12) Fans shall have non-sparking blades, and portable air ducts shall be of non-sparking materials. [§1915.13(b)(12)]
Note to paragraph (b): See §1915.12(c) of this part and applicable requirements of 29 CFR part 1915, subpart Z for other provisions affecting cleaning and cold work. §1915.14
Hot work
(a) Hot work requiring testing by a Marine Chemist or Coast Guard authorized person. [§1915.14(a)]
(1) The employer shall ensure that hot work is not performed in or on any of the following confined and enclosed spaces and other dangerous atmospheres, boundaries of spaces or pipelines until the work area has been tested and certified by a Marine Chemist or a U.S. Coast Guard authorized person as “Safe for Hot Work”: [§1915.14(a)(1)]
(i) Within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases. [§1915.14(a)(1)(i)]
(ii) Within, on, or immediately adjacent to fuel tanks that contain or have last contained fuel; and [§1915.14(a)(1)(ii)]
(iii) On pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last contained fuel. [§1915.14(a)(1)(iii)]
(iv) Exception: On dry cargo, miscellaneous and passenger vessels and in the landside operations within spaces which meet the standards for oxygen, flammability and toxicity in §1915.12, but are adjacent to spaces containing flammable gases or liquids, with a flash point below 150 °F (65.6 °C) when the distance between such spaces and the work is 25 feet (7.62 m) or greater. [§1915.14(a)(1)(iv)]
Note to paragraph (a)(1)(iv): For flammable liquids with flash points above 150 °F (65.6 °C), see paragraph (b) of this section.
(2) The certificate issued by the Marine Chemist or Coast Guard authorized person shall be posted in the immediate vicinity of the affected operations while they are in progress and kept on file for a period of at least three months from the date of the completion of the operation for which the certificate was generated.
[§1915.14(a)(2)]
(b) Hot work requiring testing by a competent person. [§1915.14(b)]
(1) Hot work is not permitted in or on the following spaces or adjacent spaces or other dangerous atmospheres until they have been tested by a competent person and determined to contain no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit: [§1915.14(b)(1)]
(i) Dry cargo holds, [§1915.14(b)(1)(i)]
(ii) The bilges, [§1915.14(b)(1)(ii)]
(iii) The engine room and boiler spaces for which a Marine Chemist or a Coast Guard authorized person certificate is not required under paragraph (a)(1)(i) of this section.
[§1915.14(b)(1)(iii)]
(iv) Vessels and vessel sections for which a Marine Chemist or Coast Guard authorized person certificate is not required under paragraph (a)(1)(iv) of this section. [§1915.14(b)(1)(iv)]
(v) Land-side confined and enclosed spaces or other dangerous atmospheres not covered by paragraph (a)(1) of this section. [§1915.14(b)(1)(v)]
(2) If the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit in the space or an adjacent space where the hot work is to be done, then the space shall be labeled “Not Safe for Hot Work” and ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors or gases is below 10 percent by volume of the lower explosive limit. The warning label may be removed when the concentration of flammable vapors and gases are below 10 percent lower explosive limit.
[§1915.14(b)(2)]
Note to §1915.14: See appendix A of this subpart for additional information relevant to performing hot work safely.
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995; 67 FR 44541, July 3, 2002]
§1915.15
Maintenance of safe conditions
(a) Preventing hazardous materials from entering. Pipelines that could carry hazardous materials into spaces that have been certified “Safe for Workers” or “Safe for Hot Work” shall be disconnected, blanked off, or otherwise blocked by a positive method to prevent hazardous materials from being discharged into the space. [§1915.15(a)]
(b) Alteration of existing conditions. When a change that could alter conditions within a tested confined or enclosed space or other dangerous atmosphere occurs, work in the affected space or area shall be stopped. Work may not be resumed until the affected space or area is visually inspected and retested and found to comply with §§1915.12, 1915.13, and 1915.14 of this part, as applicable. [§1915.15(b)]
Note to paragraph (b): Examples of changes that would warrant the stoppage of work include: The opening of manholes or other closures or the adjusting of a valve regulating the flow of hazardous materials.
(c) Tests to maintain the conditions of a Marine Chemist's or Coast Guard authorized person's certificates. A competent person shall visually inspect and test each space certified as “Safe for Workers” or “Safe for Hot Work,” as often as necessary to ensure that atmospheric conditions within that space are maintained within the conditions established by the certificate after the certificate has been issued. [§1915.15(c)]
(d) Change in the conditions of a Marine Chemist's or Coast Guard authorized person's certificate. If a competent person finds that the atmospheric conditions within a certified space fail to meet the applicable requirements of §§1915.12, 1915.13, and 1915.14 of this part, work in the certified space shall be stopped and may not be resumed until the space has been retested by a Marine Chemist or Coast Guard authorized person and a new certificate issued in accordance with §1915.14(a). [§1915.15(d)]
(e) Tests to maintain a competent person's findings. After a competent person has conducted a visual inspection and tests required in §§1915.12, 1915.13, and 1915.14 of this part and determined a space to be safe for an employee to enter, he or she shall continue to test and visually inspect spaces as often as necessary to ensure
that the required atmospheric conditions within the tested space are maintained.” [§1915.15(e)]
(f) Changes in conditions determined by competent person's findings. After the competent person has determined initially that a space is safe for an employee to enter and he or she finds subsequently that the conditions within the tested space fail to meet the requirements of §§1915.12, 1915.13, and 1915.14, of this part, as applicable, work shall be stopped until the conditions in the tested space are corrected to comply with §§1915.12, 1915.13, and 1915.14, as applicable. [§1915.15(f)]
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995; 67 FR 44541, July 3, 2002] §1915.16
Warning signs and labels
(a) Employee comprehension of signs and labels. The Employer shall ensure that each sign or label posted to comply with the requirements of this subpart is presented in a manner that can be perceived and understood by all employees. [§1915.16(a)]
(b) Posting of large work areas. A warning sign or label required by paragraph (a) of this section need not be posted at an individual tank, compartment or work space within a work area if the entire work area has been tested and certified: not safe for workers, not safe for hot work, and if the sign or label to this effect is posted conspicuously at each means of access to the work area.
[§1915.16(b)]
Subpart B Appendix A
Compliance Assistance Guidelines for Confined and Enclosed Spaces and Other Dangerous Atmospheres
This appendix is a non-mandatory set of guidelines provided to assist employers in complying with the requirements of this subpart. This appendix neither creates additional obligations nor detracts from obligations otherwise contained in the standard. It is intended to provide explanatory information and educational material to employers and employees to foster understanding of, and compliance with, the standard.
Sections 1915.11 through 1915.16. These standards are minimum safety standards for entering and working safely in vessel tanks and compartments.
Section 1915.11(b) Definition of “Hot work.” There are several instances in which circumstances do not necessitate that grinding, drilling, abrasive blasting be regarded as hot work. Some examples are:
1. Abrasive blasting of the external surface of the vessel (the hull) for paint preparation does not necessitate pumping and cleaning the tanks of the vessel.
2. Prior to hot work on any hollow structure, the void space should be tested and appropriate precautions taken.
Section 1915.11(b) Definition of “Lower explosive limit.” The terms lower flammable limit (LFL) and lower explosive limit (LEL) are used interchangeably in fire science literature.
Section 1915.11(b) Definition of “Upper explosive limit.” The terms upper flammable limit (UFL) and upper explosive limit (UEL) are used interchangeably in fire science literature.
Section 1915.12(a)(3). After a tank has been properly washed and ventilated, the tank should contain 20.8 percent oxygen by volume. This is the same amount found in our normal atmosphere at sea level. However, it is possible that the oxygen content will be lower. When this is the case, the reasons for this deficiency should be determined and corrective action taken.
An oxygen content of 19.5 percent can support life and is adequate for entry. However, any oxygen level greater than 20.8 percent by volume should alert the competent person to look for the cause of the oxygen-enriched atmosphere and correct it prior to entry. In addition, any oxygen level lower than 19.5 percent level should also alert the competent person to look for the cause of the oxygen-deficiency and correct it prior to entry.
Section 1915.12(b)(3) Flammable atmospheres. Atmospheres with a concentration of flammable vapors at or above 10 percent of the lower explosive limit (LEL) are considered hazardous when located in confined spaces. However, atmospheres with flammable vapors below 10 percent of the LEL are not necessarily safe. Such atmospheres are too lean to burn. Nevertheless, when a space contains or produces measurable flammable vapors below the 10 percent LEL, it might indicate that flammable vapors are being released or introduced into the space and could present a hazard in time. Therefore, the cause of the vapors should be investigated and, if possible, eliminated prior to entry.
Some situations that have produced measurable concentrations of flammable vapors that could exceed 10 percent of the LEL in time are:
1. Pipelines that should have been blanked or disconnected have opened, allowing product into the space.
2. The vessel may have shifted, allowing product not previously cleaned and removed during washing to move into other areas of the vessel.
3. Residues may be producing the atmosphere by releasing flammable vapor.
Section 1915.12(b)(6) Flammable atmospheres that are toxic. An atmosphere with a measurable concentration of a flammable substance below 10 percent of the LEL may be above the OSHA permissible exposure limit for that substance. In that case, refer to §1915.12(c) (2), (3), and (4).
Sections 1915.13(b)(4), 1915.15(c), and 1915.15(e). The frequency with which a tank is monitored to determine if atmospheric conditions are being maintained is a function of several factors that are discussed below:
1. Temperature. Higher temperatures will cause a combustible or flammable liquid to vaporize at a faster rate than lower temperatures. This is important since hotter days may cause tank residues to produce more vapors and that may result in the vapors exceeding 10 percent of the LEL or an overexposure to toxic contaminants.
2. Work in the tank. Any activity in the tank could change the atmospheric conditions in that tank. Oxygen from a leaking oxyfuel hose or torch could result in an oxygen-enriched atmosphere that would more easily propagate a flame. Some welding operations use inert gas, and leaks can result in an oxygen-deficient atmosphere. Manual tank cleaning with high pressure spray devices can stir up residues and result in exposures to toxic contaminants. Simple cleaning or mucking out, where employees walk through and shovel residues and sludge, can create a change in atmospheric conditions.
3. Period of time elapsed. If a period of time has elapsed since a Marine Chemist or Coast Guard authorized person has certified a tank as safe, the atmospheric condition should be rechecked by the competent person prior to entry and starting work.
4. Unattended tanks or spaces. When a tank or space has been tested and declared safe, then subsequently left unattended for a period of time, it should be retested prior to entry and starting work. For example, when barges are left unattended at night, unidentified products from another barge are sometimes dumped into their empty tanks. Since this would result in a changed atmosphere, the tanks should be retested prior to entry and starting work.
5. Work break. When workers take a break or leave at the end of the shift, equipment sometimes is inadvertently left in the tanks. At lunch or work breaks and at the end of the shift are the times when it is most likely someone will leave a burning or cutting torch in the tank, perhaps turned on and leaking oxygen or an inert gas. Since the former can produce an oxygen-enriched atmosphere, and the latter an oxygen-deficient atmosphere, tanks should be checked for equipment left behind, and atmosphere, monitored if necessary prior to re-entering and resuming work. In an oxygen-enriched atmosphere, the flammable range is severely broadened. This means that an oxygen-enriched atmosphere can promote very rapid burning.
6. Ballasting or trimming. Changing the position of the ballast, or trimming or in any way moving the vessel so as to expose cargo that had been previously trapped, can produce a change in the atmosphere of the tank. The atmosphere should be retested after any such move and prior to entry or work.
Section 1915.14 (a) and (b) Hot work. This is a reminder that other sections of the OSHA shipyard safety and health standards in part 1915 should be reviewed prior to starting any hot work. Most notably, subpart D, Welding, Cutting and Heating, places additional restrictions on hot work. The requirements of §§1915.51 and 1915.53 must be met before hot work is begun on any metal that is toxic or is covered by a preservative coating respectively; the requirements of §1915.54 must be met before welding, cutting, or heating is begun on any hollow containers or structures not covered by §1915.12.
Section 1915.12(a)(2). During hot work, more than 20.8 percent oxygen by volume can be unsafe since it extends the normal flammable range. The standard permits the oxygen level to reach 22 percent by volume in order to account for instrument error. However, the cause of excess oxygen should be investigated and the source removed.
Section 1915.16(b). If the entire vessel has been found to be in the same condition, then employers shall be considered to be in compliance with this requirement when signs using appropriate warning language in accordance with §1915.16(a) are posted at the gangway and at all other means of access to the vessel.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002; 76 FR 33609, June 8, 2011]
Subpart B Appendix B
Reprint of U.S. Coast Guard Regulations Referenced in Subpart B, for Determination of Coast Guard Authorized Persons
This appendix provides a complete reprint of U.S. Coast Guard regulations as of October 1, 1993, referenced in subpart B for purposes of determining who is a Coast Guard authorized person.
1. Title 46 CFR 35.01-1 (a) through (c) covering hot work on tank vessels reads as follows:
(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks that have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or
(2) Within or on the boundaries of fuel tanks; or
(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and possessions, the inspection shall be made by a Marine Chemist certificated by the National Fire Protection Association; however, if the services of such certified Marine Chemists are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicates that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified Marine Chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified, throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
2. Title 46 CFR 71.60(c)(1) covering hot work on passenger vessels reads as follows:
(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or
(2) Within or on the boundaries of fuel tanks; or
(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and possessions the inspection shall be made by a Marine Chemist certificated by the National Fire Protection Association; however, if the services of such certified Marine Chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified Marine Chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
3. Title 46 CFR 91.50-1(c)(1) covering hot work on cargo and miscellaneous vessels as follows:
(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or,
(2) Within or on the boundaries of fuel tanks; or,
(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and possessions the inspection shall be made by a Marine Chemist certificated by the National Fire Protection Association; however, if the services of such certified Marine Chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified Marine Chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
Subpart C – Surface Preparation and Preservation
§1915.31
Scope and application of subpart
The standards contained in this subpart shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking.
§1915.32
Toxic cleaning solvents
(a) When toxic solvents are used, the employer shall employ one or more of the following measures to safeguard the health of employees exposed to these solvents. [§1915.32(a)]
(1) The cleaning operation shall be completely enclosed to prevent the escape of vapor into the working space. [§1915.32(a)(1)]
(2) Either natural ventilation or mechanical exhaust ventilation shall be used to remove the vapor at the source and to dilute the concentration of vapors in the working space to a concentration which is safe for the entire work period. [§1915.32(a)(2)]
(3) Employees shall be protected against toxic vapors by suitable respiratory protective equipment in accordance with the requirements of subpart I of this part and, where necessary, against exposure of skin and eye contact with toxic solvents and their vapors by suitable clothing and equipment.
[§1915.32(a)(3)]
(b) The principles in the threshold limit values to which attention is directed in §1915.4 will be used by the Department of Labor in enforcement proceedings in defining a safe concentration of air contaminants. [§1915.32(b)]
(c) When flammable solvents are used, precautions shall be taken in accordance with the requirements of §1915.36. [§1915.32(c)]
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]
§1915.33
Chemical paint and preservative removers
(a) Employees shall be protected against skin contact during the handling and application of chemical paint and preservative removers and shall be protected against eye injury by goggles or face shields in accordance with the requirements of subpart I of this part. [§1915.33(a)]
(b) When using flammable paint and preservative removers, precautions shall be taken in accordance with the requirements of §1915.36. [§1915.33(b)]
(c) When using chemical paint and preservative removers which contain volatile and toxic solvents, such as benzol, acetone and amyl acetate, the provisions of §1915.32 shall be applicable. [§1915.33(c)]
(d) When using paint and rust removers containing strong acids or alkalies, employees shall be protected by suitable face shields to prevent chemical burns on the face and neck. [§1915.33(d)]
(e) When steam guns are used, all employees working within range of the blast shall be protected by suitable face shields. Metal parts of the steam gun itself shall be insulated to protect the operator against heat burns. [§1915.33(e)]
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996] §1915.34
Mechanical paint removers
(a) Power tools. [§1915.34(a)]
(1) Employees engaged in the removal of paints, preservatives, rusts, or other coatings by means of power tools shall be protected against eye injury by using goggles or face shields in accordance with the requirements of subpart I of this part.
[§1915.34(a)(1)]
(2) All portable rotating tools used for the removal of paints, preservatives, rusts or other coatings shall be adequately guarded to protect both the operator and nearby workers from flying missiles. [§1915.34(a)(2)]
(3) Portable electric tools shall be grounded in accordance with the requirements of §1915.132. [§1915.34(a)(3)]
(4) In a confined space, mechanical exhaust ventilation sufficient to keep the dust concentration to a minimum shall be used, or employees shall be protected by respiratory protective equipment in accordance with the requirements of subpart I of this part. [§1915.34(a)(4)]
(b) Flame removal. [§1915.34(b)]
(1) Hardened preservative coatings shall not be removed by flame in enclosed spaces unless the employees exposed to fumes are protected by air line respirators in accordance with the requirements of subpart I. Employees performing such an operation in the open air, and those exposed to the resulting fumes shall be protected by a fume filter type respirator in accordance with the requirements of subpart I of this part. [§1915.34(b)(1)]
(2) Flame or heat shall not be used to remove soft and greasy preservative coatings. [§1915.34(b)(2)]
(c) Abrasive blasting — [§1915.34(c)]
(1) Equipment. Hoses and fittings used for abrasive blasting shall meet the following requirements: [§1915.34(c)(1)]
(i) Hoses. Hose of a type to prevent shocks from static electricity shall be used. [§1915.34(c)(1)(i)]
(ii) Hose couplings. Hose lengths shall be joined by metal couplings secured to the outside of the hose to avoid erosion and weakening of the couplings. [§1915.34(c)(1)(ii)]
(iii) Nozzles. Nozzles shall be attached to the hose by fittings that will prevent the nozzle from unintentionally becoming disengaged. Nozzle attachments shall be of metal and shall fit onto the hose externally. [§1915.34(c)(1)(iii)]
(iv) Dead man control. A dead man control device shall be provided at the nozzle end of the blasting hose either to provide direct cutoff or to signal the pot tender by means of a visual and audible signal to cut off the flow, in the event the blaster loses control of the hose. The pot tender shall be available at all times to respond immediately to the signal.
[§1915.34(c)(1)(iv)]
(2) Replacement. Hoses and all fittings used for abrasive blasting shall be inspected frequently to insure timely replacement before an unsafe amount of wear has occurred. [§1915.34(c)(2)]
(3) Personal protective equipment. [§1915.34(c)(3)]
(i) Abrasive blasters working in enclosed spaces shall be protected by hoods and air line respirators, or by air helmets of a positive pressure type in accordance with the requirements of subpart I of this part. [§1915.34(c)(3)(i)]
(ii) Abrasive blasters working in the open shall be protected as indicated in paragraph (c)(3)(i) of this section except that when synthetic abrasive containing less than one percent free silica are used, filter type respirators approved jointly by the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration for exposure to lead dusts, used in conjunction with the proper eye, face and head protection, may be used in accordance with subpart I of this part. [§1915.34(c)(3)(ii)]
(iii) Employees, other than blasters, including machine tenders and abrasive recovery men, working in areas where unsafe concentrations of abrasive materials and dusts are present shall be protected by eye and respiratory protective equipment in accordance with the requirements of subpart I of this part. [§1915.34(c)(3)(iii)]
§1915.35
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(iv) The blaster shall be protected against injury from exposure to the blast by appropriate protective clothing, including gloves. [§1915.34(c)(3)(iv)]
(v) Since surges from drops in pressure in the hose line can be of sufficient proportions to throw the blaster off the staging, the blaster shall be protected by a safety belt when blasting is being done from elevations where adequate protection against falling cannot be provided by railings.
[§1915.34(c)(3)(v)]
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]
§1915.35
Painting
(a) Paints mixed with toxic vehicles or solvents. [§1915.35(a)]
(1) When paints mixed with toxic vehicles or solvents are sprayed, the following conditions shall apply: [§1915.35(a)(1)]
(i) In confined spaces, employees continuously exposed to such spraying shall be protected by air line respirators in accordance with the requirements of subpart I of this part.
[§1915.35(a)(1)(i)]
(ii) In tanks or compartments, employees continuously exposed to such spraying shall be protected by air line respirators in accordance with the requirements of subpart I. Where mechanical ventilation is provided, employees shall be protected by respirators in accordance with the requirements of subpart I of this part. [§1915.35(a)(1)(ii)]
(iii) In large and well ventilated areas, employees exposed to such spraying shall be protected by respirators in accordance with the requirements of subpart I of this part.
[§1915.35(a)(1)(iii)]
(2) Where brush application of paints with toxic solvents is done in confined spaces or in other areas where lack of ventilation creates a hazard, employees shall be protected by filter respirators in accordance with the requirements of subpart I of this part. [§1915.35(a)(2)]
(3) When flammable paints or vehicles are used, precautions shall be taken in accordance with the requirements of §1915.36.
[§1915.35(a)(3)]
(4) The metallic parts of air moving devices, including fans, blowers, and jet-type air movers, and all duct work shall be electrically bonded to the vessel's structure. [§1915.35(a)(4)]
(b) Paints and tank coatings dissolved in highly volatile, toxic and flammable solvents. Several organic coatings, adhesives and resins are dissolved in highly toxic, flammable and explosive solvents with flash points below 80 °F. Work involving such materials shall be done only when all of the following special precautions have been taken: [§1915.35(b)]
(1) Sufficient exhaust ventilation shall be provided to keep the concentration of solvent vapors below ten (10) percent of the lower explosive limit. Frequent tests shall be made by a competent person to ascertain the concentration. [§1915.35(b)(1)]
(2) If the ventilation fails or if the concentration of solvent vapors reaches or exceeds ten (10) percent of the lower explosive limit, painting shall be stopped and the compartment shall be evacuated until the concentration again falls below ten (10) percent of the lower explosive limit. If the concentration does not fall when painting is stopped, additional ventilation to bring the concentration to below ten (10) percent of the lower explosive limit shall be provided. [§1915.35(b)(2)]
(3) Ventilation shall be continued after the completion of painting until the space or compartment is gas free. The final determination as to whether the space or compartment is gas free shall be made after the ventilating equipment has been shut off for at least 10 minutes. [§1915.35(b)(3)]
(4) Exhaust ducts shall discharge clear of working areas and away from sources of possible ignition. Periodic tests shall be made to ensure that the exhausted vapors are not accumulating in other areas within or around the vessel or dry dock. [§1915.35(b)(4)]
(5) All motors and control equipment shall be of the explosionproof type. Fans shall have nonferrous blades. Portable air ducts shall also be of nonferrous materials. All motors and associated control equipment shall be properly maintained and grounded. [§1915.35(b)(5)]
(6) Only non-sparking paint buckets, spray guns and tools shall be used. Metal parts of paint brushes and rollers shall be insulated. Staging shall be erected in a manner which ensures that it is non-sparking. [§1915.35(b)(6)]
(7) Only explosion proof lights, approved by the Underwriters' Laboratories for use in Class I, Group D atmospheres, or approved as permissible by the Mine Safety and Health Administration or the U.S. Coast Guard, shall be used. [§1915.35(b)(7)]
(8) A competent person shall inspect all power and lighting cables to ensure that the insulation is in excellent condition, free of all cracks and worn spots, that there are no connections within fifty (50) feet of the operation, that lines are not overloaded, and that they are suspended with sufficient slack to prevent undue stress or chafing. [§1915.35(b)(8)]
(9) The face, eyes, head, hands, and all other exposed parts of the bodies of employees handling such highly volatile paints shall be protected. All footwear shall be non-sparking, such as rubbers, rubber boots or rubber soled shoes without nails. Coveralls or other outer clothing shall be of cotton. Rubber, rather than plastic, gloves shall be used because of the danger of static sparks. [§1915.35(b)(9)]
(10) No matches, lighted cigarettes, cigars, or pipes, and no cigarette lighters or ferrous articles shall be taken into the area where work is being done. [§1915.35(b)(10)]
(11) All solvent drums taken into the compartment shall be placed on nonferrous surfaces and shall be grounded to the vessel. Metallic contact shall be maintained between containers and drums when materials are being transferred from one to another. [§1915.35(b)(11)]
(12) Spray guns, paint pots, and metallic parts of connecting tubing shall be electrically bonded, and the bonded assembly shall be grounded to the vessel. [§1915.35(b)(12)]
(13) All employees continuously in a compartment in which such painting is being performed shall be protected by air line respirators in accordance with the requirements of subpart I of this part and by suitable protective clothing. Employees entering such compartments for a limited time shall be protected by filter cartridge type respirators in accordance with the requirements of subpart I of this part. [§1915.35(b)(13)]
(14) All employees doing exterior paint spraying with such paints shall be protected by suitable filter cartridge type respirators in accordance with the requirements of subpart I of this part and by suitable protective clothing. [§1915.35(b)(14)]
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67 FR 44541, July 3, 2002]
§1915.36
Flammable liquids
(a) In all cases when liquid solvents, paint and preservative removers, paints or vehicles, other than those covered by §1915.35(b), are capable of producing a flammable atmosphere under the conditions of use, the following precautions shall be taken: [§1915.36(a)]
(1) Smoking, open flames, arcs and spark-producing equipment shall be prohibited in the area. [§1915.36(a)(1)]
(2) Ventilation shall be provided in sufficient quantities to keep the concentration of vapors below ten (10) percent of their lower explosive limit. Frequent tests shall be made by a competent person to ascertain the concentration. [§1915.36(a)(2)]
(3) Scrapings and rags soaked with these materials shall be kept in a covered metal container. [§1915.36(a)(3)]
(4) Only explosion proof lights, approved by the Underwriters' Laboratories for use in Class I, Group D atmospheres, or approved as permissible by the Mine Safety and Health Administration or the U.S. Coast Guard, shall be used. [§1915.36(a)(4)]
(5) A competent person shall inspect all power and lighting cables to ensure that the insulation is in excellent condition, free of all cracks and worn spots, that there are no connections within fifty (50) feet of the operation, that lines are not overloaded, and that they are suspended with sufficient slack to prevent undue stress or chafing. [§1915.36(a)(5)]
(6) Suitable fire extinguishing equipment shall be immediately available in the work area and shall be maintained in a state of readiness for instant use. [§1915.36(a)(6)]
Subpart D – Welding, Cutting and Heating
§1915.51
Ventilation and protection in welding, cutting and heating
(a) The provisions of this section shall apply to all ship repairing, shipbuilding, and shipbreaking operations; except that paragraph (e) of this section shall apply only to ship repairing and shipbuilding. Paragraph (g) of this section shall apply only to ship repairing. [§1915.51(a)]
(b) Mechanical ventilation requirements. [§1915.51(b)]
(1) For purposes of this section, mechanical ventilation shall meet the following requirements: [§1915.51(b)(1)]
(i) Mechanical ventilation shall consist of either general mechanical ventilation systems or local exhaust systems. [§1915.51(b)(1)(i)]
Welding, cutting and heating in way of preservative coatings
(ii) General mechanical ventilation shall be of sufficient capacity and so arranged as to produce the number of air changes necessary to maintain welding fumes and smoke within safe limits. [§1915.51(b)(1)(ii)]
(iii) Local exhaust ventilation shall consist of freely movable hoods intended to be placed by the welder or burner as close as practicable to the work. This system shall be of sufficient capacity and so arranged as to remove fumes and smoke at the source and keep the concentration of them in the breathing zone within safe limits. [§1915.51(b)(1)(iii)]
(iv) Contaminated air exhausted from a working space shall be discharged into the open air or otherwise clear of the source of intake air. [§1915.51(b)(1)(iv)]
(v) All air replacing that withdrawn shall be clean and respirable. [§1915.51(b)(1)(v)]
(vi) Oxygen shall not be used for ventilation purposes, comfort cooling, blowing dust or dirt from clothing, or for cleaning the work area. [§1915.51(b)(1)(vi)]
(c) Welding, cutting and heating in confined spaces. [§1915.51(c)]
(1) Except as provided in paragraphs (c)(3) and (d)(2) of this section either general ventilation meeting the requirements of paragraph (b) of this section shall be provided whenever welding, cutting or heating is performed in a confined space. [§1915.51(c)(1)]
(2) The means of access shall be provided to a confined space and ventilation ducts to this space shall be arranged in accordance with §1915.76(b) (1) and (2). [§1915.51(c)(2)]
(3) When sufficient ventilation cannot be obtained without blocking the means of access, employees in the confined space shall be protected by air line respirators in accordance with the requirements of §1915.154, and an employee on the outside of such a confined space shall be assigned to maintain communication with those working within it and to aid them in an emergency. [§1915.51(c)(3)]
(d) Welding, cutting or heating of metals of toxic significance. [§1915.51(d)]
(1) Welding, cutting or heating in any enclosed spaces aboard the vessel involving the metals specified below shall be performed with either general mechanical or local exhaust ventilation meeting the requirements of paragraph (b) of this section:
[§1915.51(d)(1)]
(i) Zinc-bearing base or filler metals or metals coated with zinc-bearing materials. [§1915.51(d)(1)(i)]
(ii) Lead base metals. [§1915.51(d)(1)(ii)]
(iii) Cadmium-bearing filler materials. [§1915.51(d)(1)(iii)]
(iv) Chromium-bearing metals or metals coated with chromiumbearing materials. [§1915.51(d)(1)(iv)]
(2) Welding, cutting or heating in any enclosed spaces aboard the vessel involving the metals specified below shall be performed with local exhaust ventilation in accordance with the requirements of paragraph (b) of this section or employees shall be protected by air line respirators in accordance with the requirements of §1915.154: [§1915.51(d)(2)]
(i) Metals containing lead, other than as an impurity, or metals coated with lead-bearing materials. [§1915.51(d)(2)(i)]
(ii) Cadmium-bearing or cadmium coated base metals. [§1915.51(d)(2)(ii)]
(iii) Metals coated with mercury-bearing metals. [§1915.51(d)(2)(iii)]
(iv) Beryllium-containing base or filler metals. Because of its high toxicity, work involving beryllium shall be done with both local exhaust ventilation and air line respirators. [§1915.51(d)(2)(iv)]
(3) Employees performing such operations in the open air shall be protected by filter type respirators, and employees performing such operations on beryllium-containing base or filler metals shall be protected by air line respirators, in accordance with the requirements of §1915.154. [§1915.51(d)(3)]
(4) Other employees exposed to the same atmosphere as the welders or burners shall be protected in the same manner as the welder or burner. [§1915.51(d)(4)]
(e) Inert-gas metal-arc welding. [§1915.51(e)]
(1) Since the inert-gas metal-arc welding process involves the production of ultraviolet radiation of intensities of 5 to 30 times that produced during shielded metal-arc welding, the decomposition of chlorinated solvents by ultraviolet rays, and the liberation of toxic fumes and gases, employees shall not be permitted to engage in, or be exposed to the process until the following special precautions have been taken: [§1915.51(e)(1)]
(i) The use of chlorinated solvents shall be kept at least two hundred (200) feet from the exposed arc, and surfaces prepared with chlorinated solvents shall be thoroughly dry before welding is permitted on such surfaces. [§1915.51(e)(1)(i)]
(ii) Helpers and other employees in the area not protected from the arc by screening as provided in §1915.56(e) shall be protected by filter lenses meeting the requirements of §1915.153. When two or more welders are exposed to each other's arc, filter lens goggles of a suitable type meeting the requirements of §1915.153 shall be worn under welding helmets or hand shields to protect the welder against flashes and radiant energy when either the helmet is lifted or the shield is removed. [§1915.51(e)(1)(ii)]
(iii) Welders and other employees who are exposed to radiation shall be suitably protected so that the skin is covered completely to prevent burns and other damage by ultraviolet rays. Welding helmets and hand shields shall be free of leaks and openings, and free of highly reflective surfaces. [§1915.51(e)(1)(iii)]
(iv) When inert-gas metal-arc welding is being performed on stainless steel, the requirements of paragraph (d)(2) of this section shall be met to protect against dangerous concentrations of nitrogen dioxide. [§1915.51(e)(1)(iv)]
(f) General welding, cutting, and heating. [§1915.51(f)]
(1) Welding, cutting and heating not involving conditions or materials described in paragraph (c), (d) or (e) of this section may normally be done without mechanical ventilation or respiratory protective equipment, but where, because of unusual physical or atmospheric conditions, an unsafe accumulation of contaminants exists, suitable mechanical ventilation or respiratory protective equipment shall be provided. [§1915.51(f)(1)]
(2) Employees performing any type of welding, cutting or heating shall be protected by suitable eye protective equipment in accordance with the requirements of §1915.153. [§1915.51(f)(2)]
(g) Residues and cargoes of metallic ores. [§1915.51(g)]
(1) Residues and cargoes of metallic ores of toxic significance shall be removed from the area or protected from the heat before ship repair work which involves welding, cutting or heating is begun. [§1915.51(g)(1)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002] §1915.53
Welding, cutting and heating in way of preservative coatings
(a) The provisions in this section shall apply to all ship repairing, shipbuilding and shipbreaking operations except for paragraphs (e) and (f) of this section which shall apply to ship repairing and shipbulding and shall not apply to shipbreaking. [§1915.53(a)]
(b) Before welding, cutting or heating is commenced on any surface covered by a preservative coating whose flammability is not known, a test shall be made by a competent person to determine its flammability. Preservative coatings shall be considered to be highly flammable when scrapings burn with extreme rapidity. [§1915.53(b)]
(c) Precautions shall be taken to prevent ignition of highly flammable hardened preservative coatings. When coatings are determined to be highly flammable they shall be stripped from the area to be heated to prevent ignition, or, where shipbreaking is involved, the coatings may be burned away under controlled conditions. A 11⁄2 inch or larger fire hose with fog nozzle, which has been uncoiled and placed under pressure, shall be immediately available for instant use in the immediate vicinity, consistent with avoiding freezing of the hose. [§1915.53(c)]
(d) Protection against toxic preservative coatings. [§1915.53(d)]
(1) In enclosed spaces, all surfaces covered with toxic preservatives shall be stripped of all toxic coatings for a distance of at least 4 inches from the area of heat application or the employees shall be protected by air line respirators meeting the requirements of §1915.154. [§1915.53(d)(1)]
(2) In the open air, employees shall be protected by a filter type respirator in accordance with the requirements of §1915.154. [§1915.53(d)(2)]
(e) Before welding, cutting or heating is commenced in enclosed spaces on metals covered by soft and greasy preservatives, the following precautions shall be taken: [§1915.53(e)]
(1) A competent person shall test the atmosphere in the space to ensure that it does not contain explosive vapors, since there is a possibility that some soft and greasy preservatives may have flash points below temperatures which may be expected to occur naturally. If such vapors are determined to be present, no hot work shall be commenced until such precautions have been taken as will ensure that the welding, cutting or heating can be performed in safety. [§1915.53(e)(1)]
(2) The preservative coatings shall be removed for a sufficient distance from the area to be heated to ensure that the temperature of the unstripped metal will not be appreciably raised. Artificial cooling of the metal surrounding the heated area may be used to limit the size of the area required to be cleaned. The prohibition contained in §1915.34(b)(2) shall apply. [§1915.53(e)(2)]
§1915.54
1915 - Occupational Safety & Health Standards for Shipyard Employment
(f) Immediately after welding, cutting or heating is commenced in enclosed spaces on metal covered by soft and greasy preservatives, and at frequent intervals thereafter, a competent person shall make tests to ensure that no flammable vapors are being produced by the coatings. If such vapors are determined to be present, the operation shall be stopped immediately and shall not be resumed until such additional precautions have been taken as are necessary to ensure that the operation can be resumed safely. [§1915.53(f)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
§1915.54
Welding, cutting and heating of hollow metal containers and structures not covered by §1915.12
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Drums, containers, or hollow structures which have contained flammable substances shall, before welding, cutting, or heating is undertaken on them, either be filled with water or thoroughly cleaned of such substances and ventilated and tested. [§1915.54(a)]
(b) Before heat is applied to a drum, container, or hollow structure, a vent or opening shall be provided for the release of any built-up pressure during the application of heat. [§1915.54(b)]
(c) Before welding, cutting, heating or brazing is begun on structural voids such as skegs, bilge keels, fair waters, masts, booms, support stanchions, pipe stanchions or railings, a competent person shall inspect the object and, if necessary, test it for the presence of flammable liquids or vapors. If flammable liquids or vapors are present, the object shall be made safe. [§1915.54(c)]
(d) Objects such as those listed in paragraph (c) of this section shall also be inspected to determine whether water or other non-flammable liquids are present which, when heated, would build up excessive pressure. If such liquids are determined to be present, the object shall be vented, cooled, or otherwise made safe during the application of heat. [§1915.54(d)]
(e) Jacketed vessels shall be vented before and during welding, cutting or heating operations in order to release any pressure which may build up during the application of heat. [§1915.54(e)] §1915.55
Gas welding and cutting
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Transporting, moving and storing compressed gas cylinders. [§1915.55(a)]
(1) Valve protection caps shall be in place and secure. Oil shall not be used to lubricate protection caps. [§1915.55(a)(1)]
(2) When cylinders are hoisted, they shall be secured on a cradle, slingboard or pallet. They shall not be hoisted by means of magnets or choker slings. [§1915.55(a)(2)]
(3) Cylinders shall be moved by tilting and rolling them on their bottom edges. They shall not be intentionally dropped, struck, or permitted to strike each other violently. [§1915.55(a)(3)]
(4) When cylinders are transported by vehicle, they shall be secured in position. [§1915.55(a)(4)]
(5) Valve protection caps shall not be used for lifting cylinders from one vertical position to another. Bars shall not be used under valves or valve protection caps to pry cylinders loose when frozen. Warm, not boiling, water shall be used to thaw cylinders loose. [§1915.55(a)(5)]
(6) Unless cylinders are firmly secured on a special carrier intended for this purpose, regulators shall be removed and valve protection caps put in place before cylinders are moved. [§1915.55(a)(6)]
(7) A suitable cylinder truck, chain, or other steadying device shall be used to keep cylinders from being knocked over while in use. [§1915.55(a)(7)]
(8) When work is finished, when cylinders are empty or when cylinders are moved at any time, the cylinder valves shall be closed. [§1915.55(a)(8)]
(9) Acetylene cylinders shall be secured in an upright position at all times except, if necessary, for short periods of time while cylinders are actually being hoisted or carried. [§1915.55(a)(9)]
(b) Placing cylinders. [§1915.55(b)]
(1) 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. When this is impractical, fire resistant shields shall be provided. [§1915.55(b)(1)]
(2) Cylinders shall be placed where they cannot become part of an electrical circuit. Electrodes shall not be struck against a cylinder to strike an arc. [§1915.55(b)(2)]
(3) Fuel gas cylinders shall be placed with valve end up whenever they are in use. They shall not be placed in a location where they would be subject to open flame, hot metal, or other sources of artificial heat. [§1915.55(b)(3)]
(4) Cylinders containing oxygen or acetylene or other fuel gas shall not be taken into confined spaces. [§1915.55(b)(4)]
(c) Treatment of cylinders. [§1915.55(c)]
(1) Cylinders, whether full or empty, shall not be used as rollers or supports. [§1915.55(c)(1)]
(2) No person other than the gas supplier shall attempt to mix gases in a cylinder. No one except the owner of the cylinder or person authorized by him shall refill a cylinder. No one shall use a cylinder's contents for purposes other than those intended by the supplier. Only cylinders bearing Interstate Commerce Commission identification and inspection markings shall be used. [§1915.55(c)(2)]
(3) No damaged or defective cylinder shall be used. [§1915.55(c)(3)]
(d) Use of fuel gas. The employer shall thoroughly instruct employees in the safe use of fuel gas, as follows: [§1915.55(d)]
(1) Before connecting a regulator to a cylinder valve, the valve shall be opened slightly and closed immediately. (This action is generally termed “cracking” and is intended to clear the valve of dust or dirt that might otherwise enter the regulator.) The person cracking the valve shall stand to one side of the outlet, not in front of it. The valve of a fuel gas cylinder shall not be cracked where the gas would reach welding work, sparks, flame or other possible sources of ignition.
[§1915.55(d)(1)]
(2) The cylinder valve shall always be opened slowly to prevent damage to the regulator. To permit quick closing, valves on fuel gas cylinders shall not be opened more than 11⁄2 turns. When a special wrench is required, it shall be left in position on the stem of the valve while the cylinder is in use so that the fuel gas flow can be shut off quickly in case of an emergency. In the case of manifolded or coupled cylinders, at least one such wrench shall always be available for immediate use. Nothing shall be placed on top of a fuel gas cylinder, when in use, which may damage the safety device or interfere with the quick closing of the valve. [§1915.55(d)(2)]
(3) Fuel gas shall not be used from cylinders through torches or other devices which are equipped with shut-off valves without reducing the pressure through a suitable regulator attached to the cylinder valve or manifold. [§1915.55(d)(3)]
(4) Before a regulator is removed from a cylinder valve, the cylinder valve shall always be closed and the gas released from the regulator. [§1915.55(d)(4)]
(5) If, when the valve on a fuel gas cylinder is opened, there is found to be a leak around the valve stem, the valve shall be closed and the gland nut tightened. If this action does not stop the leak, the use of the cylinder shall be discontinued, and it shall be properly tagged and removed from the vessel. In the event that fuel gas should leak from the cylinder valve rather than from the valve stem and the gas cannot be shut off, the cylinder shall be properly tagged and removed from the vessel. If a regulator attached to a cylinder valve will effectively stop a leak through the valve seat, the cylinder need not be removed from the vessel. [§1915.55(d)(5)]
(6) If a leak should develop at a fuse plug or other safety device, the cylinder shall be removed from the vessel [§1915.55(d)(6)]
(e) Fuel gas and oxygen manifolds. [§1915.55(e)]
(1) Fuel gas and oxygen manifolds shall bear the name of the substance they contain in letters at least one (1) inch high which shall be either painted on the manifold or on a sign permanently attached to it. [§1915.55(e)(1)]
(2) Fuel gas and oxygen manifolds shall be placed in safe and accessible locations in the open air. They shall not be located within enclosed spaces. [§1915.55(e)(2)]
(3) Manifold hose connections, including both ends of the supply hose that lead to the manifold, shall be such that the hose cannot be interchanged between fuel gas and oxygen manifolds and supply header connections. Adapters shall not be used to permit the interchange of hose. Hose connections shall be kept free of grease and oil. [§1915.55(e)(3)]
(4) When not in use, manifold and header hose connections shall be capped. [§1915.55(e)(4)]
(5) Nothing shall be placed on top of a manifold, when in use, which will damage the manifold or interfere with the quick closing of the valves. [§1915.55(e)(5)]
(f) Hose. [§1915.55(f)]
(1) Fuel gas hose and oxygen hose shall be easily distinguishable from each other. The contrast may be made by different colors
or by surface characteristics readily distinguishable by the sense of touch. Oxygen and fuel gas hoses shall not be interchangeable. A single hose having more than one gas passage, a wall failure of which would permit the flow of one gas into the other gas passage, shall not be used. [§1915.55(f)(1)]
(2) When parallel sections of oxygen and fuel gas hose are taped together not more than 4 inches out of 8 inches shall be covered by tape. [§1915.55(f)(2)]
(3) All hose carrying acetylene, oxygen, natural or manufactured fuel gas, or any gas or substance which may ignite or enter into combustion or be in any way harmful to employees, shall be inspected at the beginning of each shift. Defective hose shall be removed from service. [§1915.55(f)(3)]
(4) Hose which has been subjected to flashback or which shows evidence of severe wear or damage shall be tested to twice the normal pressure to which it is subject, but in no case less than two hundered (200) psi. Defective hose or hose in doubtful condition shall not be used. [§1915.55(f)(4)]
(5) Hose couplings shall be of the type that cannot be unlocked or disconnected by means of a straight pull without rotary motion. [§1915.55(f)(5)]
(6) Boxes used for the stowage of gas hose shall be ventilated. [§1915.55(f)(6)]
(g) Torches. [§1915.55(g)]
(1) Clogged torch tip openings shall be cleaned with suitable cleaning wires, drills or other devices designed for such purpose. [§1915.55(g)(1)]
(2) Torches shall be inspected at the beginning of each shift for leaking shutoff valves, hose couplings, and tip connections. Defective torches shall not be used. [§1915.55(g)(2)]
(3) Torches shall be lighted by friction lighters or other approved devices, and not by matches or from hot work. [§1915.55(g)(3)]
(h) Pressure regulators. Oxygen and fuel gas pressure regulators including their related gauges shall be in proper working order while in use. [§1915.55(h)]
§1915.56
Arc welding and cutting
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Manual electrode holders. [§1915.56(a)]
(1) Only manual electrode holders which are specifically designed for arc welding and cutting and are of a capacity capable of safely handling the maximum rated current required by the electrodes shall be used. [§1915.56(a)(1)]
(2) Any current carrying parts passing through the portion of the holder which the arc welder or cutter grips in his hand, and the outer surfaces of the jaws of the holder, shall be fully insulated against the maximum voltage encountered to ground. [§1915.56(a)(2)]
(b) Welding cables and connectors. [§1915.56(b)]
(1) All arc welding and cutting cables shall be of the completely insulated, flexible type, capable of handling the maximum current requirements of the work in progress, taking into account the duty cycle under which the arc welder or cutter is working. [§1915.56(b)(1)]
(2) Only cable free from repair or splices for a minimum distance of ten (10) feet from the cable end to which the electrode holder is connected shall be used, except that cables with standard insulated connectors or with splices whose insulating quality is equal to that of the cable are permitted. [§1915.56(b)(2)]
(3) When it becomes necessary to connect or splice lengths of cable one to another, substantial insulated connectors of a capacity at least equivalent to that of the cable shall be used. If connections are effected by means of cable lugs, they shall be securely fastened together to give good electrical contact, and the exposed metal parts of the lugs shall be completely insulated. [§1915.56(b)(3)]
(4) Cables in poor repair shall not be used. When a cable other than the cable lead referred to in paragraph (b)(2) of this section becomes worn to the extent of exposing bare conductors, the portion thus exposed shall be protected by means of rubber and friction tapes or other equivalent insulation. [§1915.56(b)(4)]
(c) Ground returns and machine grounding. [§1915.56(c)]
(1) A ground return cable shall have a safe current carrying capacity equal to or exceeding the specified maximum output capacity of the arc welding or cutting unit which it services. When a single ground return cable services more than one unit, its safe current carrying capacity shall equal or exceed the total specified maximum output capacities of all the units which it services. [§1915.56(c)(1)]
(2) Structures or pipe lines, except pipe lines containing gases of flammable liquids or conduits containing electrical circuits, may
be used as part of the ground return circuit, provided that the pipe or structure has a current carrying capacity equal to that required by paragraph (c)(1) of this section. [§1915.56(c)(2)]
(3) When a structure or pipe line is employed as a ground return circuit, it shall be determined that the required electrical contact exists at all joints. The generation of an arc, sparks or heat at any point shall cause rejection of the structure as a ground circuit. [§1915.56(c)(3)]
(4) When a structure or pipe line is continuously employed as a ground return circuit, all joints shall be bonded, and periodic inspections shall be conducted to ensure that no condition of electrolysis or fire hazard exists by virtue of such use.
[§1915.56(c)(4)]
(5) The frames of all arc welding and cutting machines shall be grounded either through a third wire in the cable containing the circuit conductor or through a separate wire which is grounded at the source of the current. Grounding circuits, other than by means of the vessel's structure, shall be checked to ensure that the circuit between the ground and the grounded power conductor has resistance low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current. [§1915.56(c)(5)]
(6) All ground connections shall be inspected to ensure that they are mechanically strong and electrically adequate for the required current. [§1915.56(c)(6)]
(d) Operating instructions. Employers shall instruct employees in the safe means of arc welding and cutting as follows: [§1915.56(d)]
(1) When electrode holders are to be left unattended, the electrodes shall be removed and the holders shall be so placed or protected that they cannot make electrical contact with employees or conducting objects. [§1915.56(d)(1)]
(2) Hot electrode holders shall not be dipped in water, since to do so may expose the arc welder or cutter to electric shock.
[§1915.56(d)(2)]
(3) When the arc welder or cutter has occasion to leave his work or to stop work for any appreciable length of time, or when the arc welding or cutting machine is to be moved, the power supply switch to the equipment shall be opened.
[§1915.56(d)(3)]
(4) Any faulty or defective equipment shall be reported to the supervisor. [§1915.56(d)(4)]
(e) Shielding. Whenever practicable, all arc welding and cutting operations shall be shielded by noncombustible or flame-proof screens which will protect employees and other persons working in the vicinity from the direct rays of the arc. [§1915.56(e)]
§1915.57
Uses of fissionable material in ship repairing and shipbuilding
The provisions of this section apply to ship repairing and shipbuilding only.
(a) In activities involving the use of and exposure to sources of ionizing radiation not only on conventionally powered but also on nuclear powered vessels, the applicable provisions of the Nuclear Regulatory Commission's Standards for Protection Against Radiation (10 CFR part 20), relating to protection against occupational radiation exposure, shall apply. [§1915.57(a)]
(b) Any activity which involves the use of radiocative material, whether or not under license from the Nuclear Regulatory Commission, shall be performed by competent persons specially trained in the proper and safe operation of such equipment. In the case of materials used under Commission license, only persons actually licensed, or competent persons under direction and supervision of the licensee, shall perform such work. [§1915.57(b)]
Subpart E – Scaffolds, Ladders and Other Working Surfaces
§1915.71
Scaffolds or staging
(a) Scope and application. The provisions of this section shall apply to all ship repairing, shipbuilding and shipbreaking operations except that paragraphs (b)(8) through (b)(10) and paragraphs (c) through (f) of this section shall only apply to ship repairing and shipbuilding operations and shall not apply to shipbreaking.
[§1915.71(a)]
(b) General requirements. [§1915.71(b)]
(1) All scaffolds and their supports whether of lumber, steel or other material, shall be capable of supporting the load they are designed to carry with a safety factor of not less than four (4).
[§1915.71(b)(1)]
§1915.71 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(2) All lumber used in the construction of scaffolds shall be spruce, fir, long leaf yellow pine, Oregon pine or wood of equal strength. The use of hemlock, short leaf yellow pine, or short fiber lumber is prohibited. [§1915.71(b)(2)]
(3) Lumber dimensions as given in this subpart are nominal except where given in fractions of an inch. [§1915.71(b)(3)]
(4) All lumber used in the construction of scaffolds shall be sound, straight-grained, free from cross grain, shakes and large, loose or dead knots. It shall also be free from dry rot, large checks, worm holes or other defects which impair its strength or durability.
[§1915.71(b)(4)]
(5) Scaffolds shall be maintained in a safe and secure condition. Any component of the scaffold which is broken, burned or otherwise defective shall be replaced. [§1915.71(b)(5)]
(6) Barrels, boxes, cans, loose bricks, or other unstable objects shall not be used as working platforms or for the support of planking intended as scaffolds or working platforms.
[§1915.71(b)(6)]
(7) No scaffold shall be erected, moved, dismantled or altered except under the supervision of competent persons.
[§1915.71(b)(7)]
(8) No welding, burning, riveting or open flame work shall be performed on any staging suspended by means of fiber rope.
[§1915.71(b)(8)]
(9) Lifting bridles on working platforms suspended from cranes shall consist of four legs so attached that the stability of the platform is assured. [§1915.71(b)(9)]
(10) Unless the crane hook has a safety latch or is moused, the lifting bridles on working platforms suspended from cranes shall be attached by shackles to the lower lifting block or other positive means shall be taken to prevent them from becoming accidentally disengaged from the crane hook.
[§1915.71(b)(10)]
(c) Independent pole wood scaffolds. [§1915.71(c)]
(1) All pole uprights shall be set plump. Poles shall rest on a foundation of sufficient size and strength to distribute the loan and to prevent displacement. [§1915.71(c)(1)]
(2) In light-duty scaffolds, not more than 24 feet in height, poles may be spliced by overlapping the ends not less than 4 feet and securely nailing them together. A substantial cleat shall be nailed to the lower section to form a support for the upper section except when bolted connections are used.
[§1915.71(c)(2)]
(3) All other poles to be spliced shall be squared at the ends of each splice, abutted, and rigidly fastened together by not less than two cleats securely nailed or bolted thereto. Each cleat shall overlap each pole end by at least 24 inches and shall have a width equal to the face of the pole to which it is attached. The combined cross sectional area of the cleats shall be not less than the cross sectional area of the pole.
[§1915.71(c)(3)]
(4) Ledgers shall extend over two consecutive pole spaces and shall overlap the poles at each end by not less than 4 inches. They shall be left in position to brace the poles as the platform is raised with the progress of the work. Ledgers shall be level and shall be securely nailed or bolted to each pole and shall be placed against the inside face of each pole.
[§1915.71(c)(4)]
(5) All bearers shall be set with their greater dimension vertical and shall extend beyond the ledgers upon which they rest.
[§1915.71(c)(5)]
(6) Diagonal bracing shall be provided between the parallel poles, and cross bracing shall be provided between the inner and outer poles or from the outer poles to the ground. [§1915.71(c)(6)]
(7) Minimum dimensions and spacing of members shall be in accordance with Table E-1 in §1915.118. [§1915.71(c)(7)]
(8) Platform planking shall be in accordance with the requirements of paragraph (i) of this section. [§1915.71(c)(8)]
(9) Backrails and toeboards shall be in accordance with the requirements of paragraph (j) of this section. [§1915.71(c)(9)]
(d) Independent pole metal scaffolds. [§1915.71(d)]
(1) Metal scaffold members shall be maintained in good repair and free of corrosion. [§1915.71(d)(1)]
(2) All vertical and horizontal members shall be fastened together with a coupler or locking device which will form a positive connection. The locking device shall be of a type which has no loose parts. [§1915.71(d)(2)]
(3) Posts shall be kept plumb during erection and the scaffold shall be subsequently kept plumb and rigid by means of adequate bracing. [§1915.71(d)(3)]
(4) Posts shall be fitted with bases supported on a firm foundation to distribute the load. When wooden sills are used, the bases shall be fastened thereto. [§1915.71(d)(4)]
(5) Bearers shall be located at each set of posts, at each level, and at each intermediate level where working platforms are installed. [§1915.71(d)(5)]
(6) Tubular bracing shall be applied both lengthwise and crosswise as required. [§1915.71(d)(6)]
(7) Platform planking shall be in accordance with the requirements of paragraph (h) of this section. [§1915.71(d)(7)]
(8) Backrails and toeboards shall be in accordance with the requirements of paragraph (j) of this section. [§1915.71(d)(8)]
(e) Wood trestle and extension trestle ladders. [§1915.71(e)]
(1) The use of trestle ladders, or extension sections or base sections of extension trestle ladders longer than 20 feet is prohibited. The total height of base and extension may, however, be more than 20 feet. [§1915.71(e)(1)]
(2) The minimum dimensions of the side rails of the trestle ladder, or the base sections of the extension trestle ladder, shall be as follows: [§1915.71(e)(2)]
(i) Ladders up to and including those 16 feet long shall have side rails of not less than 15 16 × 23⁄4 inch lumber.
[§1915.71(e)(2)(i)]
(ii) Ladders over 16 feet long and up to and including those 20 feet long shall have side rails of not less than 15⁄16 × 3 inch lumber. [§1915.71(e)(2)(ii)]
(3) The side rails of the extension section of the extension trestle ladder shall be parallel and shall have minimum dimensions as follows: [§1915.71(e)(3)]
(i) Ladders up to and including 12 feet long shall have side rails of not less than 15⁄16 × 21 4 inch lumber. [§1915.71(e)(3)(i)]
(ii) Ladders over 12 feet long and up to and including those 16 feet long shall have side rails of not less than 15⁄16 × 21 2 inch lumber. [§1915.71(e)(3)(ii)]
(iii) Ladders over 16 feet long and up to and including those 20 feet long shall have side rails of not less than 15⁄16 × 23 4 inch lumber. [§1915.71(e)(3)(iii)]
(4) Trestle ladders and base sections of extension trestle ladders shall be so spread that when in an open position the spread of the trestle at the bottom, inside to inside, shall be not less than 51⁄2 inches per foot of the length of the ladder. [§1915.71(e)(4)]
(5) The width between the side rails at the bottom of the trestle ladder or of the base section of the extension trestle ladder shall be not less than 21 inches for all ladders and sections 6 feet or less in length. For longer lengths of ladder, the width shall be increased at least 1 inch for each additional foot of length. The width between the side rails of the extension section of the trestle ladder shall be not less than 12 inches.
[§1915.71(e)(5)]
(6) In order to limit spreading, the top ends of the side rails of both the trestle ladder and of the base section of the extension trestle ladder shall be beveled, or of equivalent construction, and shall be provided with a metal hinge. [§1915.71(e)(6)]
(7) A metal spreader or locking device to hold the front and back sections in an open position, and to hold the extension section securely in the elevated position, shall be a component of each trestle ladder or extension ladder. [§1915.71(e)(7)]
(8) Rungs shall be parallel and level. On the trestle ladder, or on the base section of the extension trestle ladder, rungs shall be spaced not less than 8 inches nor more than 18 inches apart; on the extension section of the extension trestle ladder, rungs shall be spaced not less than 6 inches nor more than 12 inches apart. [§1915.71(e)(8)]
(9) Platform planking shall be in accordance with the requirements of paragraph (i) of this section, except that the width of the platform planking shall not exceed the distance between the side rails. [§1915.71(e)(9)]
(10) Backrails and toeboards shall be in accordance with the requirements of paragraph (j) of this section. [§1915.71(e)(10)]
(f) Painters' suspended scaffolds. [§1915.71(f)]
(1) The supporting hooks of swinging scaffolds shall be constructed to be equivalent in strength to mild steel or wrought iron, shall be forged with care, shall be not less than 7⁄8 inch in diameter, and shall be secured to a safe anchorage at all times.
[§1915.71(f)(1)]
(2) The ropes supporting a swinging scaffold shall be equivalent in strength to first-grade 3⁄4 inch diameter manila rope properly rigged into a set of standard 6 inch blocks consisting of at least one double and one single block. [§1915.71(f)(2)]
(3) Manila and wire ropes shall be carefully examined before each operation and thereafter as frequently as may be necessary to ensure their safe condition. [§1915.71(f)(3)]
(4) Each end of the scaffold platform shall be supported by a wrought iron or mild steel stirrup or hanger, which in turn is supported by the suspension ropes. [§1915.71(f)(4)]
(5) Stirrups shall be constructed so as to be equivalent in strength to wrought iron 3⁄4 inch in diameter. [§1915.71(f)(5)]
(6) The stirrups shall be formed with a horizontal bottom member to support the platform, shall be provided with means to support the guardrail and midrail and shall have a loop or eye at the top for securing the supporting hook on the block.
[§1915.71(f)(6)]
(7) Two or more swinging scaffolds shall not at any time be combined into one by bridging the distance between them with planks or any other form of platform. [§1915.71(f)(7)]
(8) No more than two persons shall be permitted to work at one time on a swinging scaffold built to the minimum specifications contained in this paragraph. Where heavier construction is used, the number of persons permitted to work on the scaffold shall be determined by the size and the safe working load of the scaffold. [§1915.71(f)(8)]
(9) Backrails and toeboards shall be in accordance with the requirements of paragraph (j) of this section. [§1915.71(f)(9)]
(10) The swinging scaffold platform shall be one of the three types described in paragraphs (f)(11), (12), and (13) of this section. [§1915.71(f)(10)]
(11) The ladder-type platform consists of boards upon a horizontal ladder-like structure, referred to herein as the ladder, the side rails of which are parallel. If this type of platform is used the following requirements shall be met. [§1915.71(f)(11)]
(i) The width between the side rails shall be no more than 20 inches. [§1915.71(f)(11)(i)]
(ii) The side rails of ladders in ladder-type platforms shall be equivalent in strength to a beam of clear straight-grained spruce of the dimensions contained in Table E-2 in §1915.118. [§1915.71(f)(11)(ii)]
(iii) The side rails shall be tied together with tie rods. The tie rods shall be not less than 5⁄16 inch in diameter, located no more than 5 feet apart, pass through the rails, and be riveted up tight against washers at both ends. [§1915.71(f)(11)(iii)]
(iv) The rungs shall be of straight-grained oak, ash, or hickory, not less than 11 8 inches diameter, with 7⁄8 inch tenons mortised into the side rails not less than 7⁄8 inch and shall be spaced no more than 18 inches on centers. [§1915.71(f)(11)(iv)]
(v) Flooring strips shall be spaced no more than 5⁄8 inch apart except at the side rails, where 1 inch spacing is permissible.
[§1915.71(f)(11)(v)]
(vi) Flooring strips shall be cleated on their undersides.
[§1915.71(f)(11)(vi)]
(12) The plank-type platform consists of planks supported on the stirrups or hangers. If this type of platform is used, the following requirements shall be met: [§1915.71(f)(12)]
(i) The planks of plank-type platforms shall be of not less than 2 × 10 inch lumber. [§1915.71(f)(12)(i)]
(ii) The platform shall be no more than 24 inches in width.
[§1915.71(f)(12)(ii)]
(iii) The planks shall be tied together by cleats of not less than 1 × 6 inch lumber, nailed on their undersides at intervals of not more than 4 feet. [§1915.71(f)(12)(iii)]
(iv) The planks shall extend not less than 6 inches nor more than 18 inches beyond the supporting stirrups.
[§1915.71(f)(12)(iv)]
(v) A cleat shall be nailed across the platform on the underside at each end outside the stirrup to prevent the platform from slipping off the stirrup. [§1915.71(f)(12)(v)]
(vi) Stirrup supports shall be not more than 10 feet apart.
[§1915.71(f)(12)(vi)]
(13) The beam-type platform consists of longitudinal side stringers with cross beams set on edge and spaced not more than 4 feet apart on which longitudinal platform planks are laid. If this type platform is used, the following requirements shall be met:
[§1915.71(f)(13)]
(i) The side stringers shall be of sound, straight-grained lumber, free from knots, and of not less than 2 × 6 inch lumber, set on edge. [§1915.71(f)(13)(i)]
(ii) The stringers shall be supported on the stirrups with a clear span between stirrups of not more than 16 feet.
[§1915.71(f)(13)(ii)]
(iii) The stringers shall be bolted to the stirrups by U-bolts passing around the stirrups and bolted through the stringers with nuts drawn up tight on the inside face. [§1915.71(f)(13)(iii)]
(iv) The ends of the stringers shall extend beyond the stirrups not less than 6 inches nor more than 12 inches at each end of the platform. [§1915.71(f)(13)(iv)]
(v) The platform shall be supported on cross beams of 2 × 6 inch lumber between the side stringers securely nailed thereto and spaced not more than 4 feet on centers.
[§1915.71(f)(13)(v)]
(vi) The platform shall be not more than 24 inches wide.
[§1915.71(f)(13)(vi)]
(vii) The platform shall be formed of boards 7⁄8 inch in thickness by not less than 6 inches in width, nailed tightly together, and extending to the outside face of the stringers.
[§1915.71(f)(13)(vii)]
(viii) The ends of all platform boards shall rest on the top of the cross beams, shall be securely nailed, and at no intermediate points in the length of the platform shall there be any cantilever ends. [§1915.71(f)(13)(viii)]
(g) Horse scaffolds. [§1915.71(g)]
(1) The minimum dimensions of lumber used in the construction of horses shall be in accordance with Table E-3 in §1915.118.
[§1915.71(g)(1)]
(2) Horses constructed of materials other than lumber shall provide the strength, rigidity and security required of horses constructed of lumber. [§1915.71(g)(2)]
(3) The lateral spread of the legs shall be equal to not less than one-third of the height of the horse. [§1915.71(g)(3)]
(4) All horses shall be kept in good repair, and shall be properly secured when used in staging or in locations where they may be insecure. [§1915.71(g)(4)]
(5) Platform planking shall be in accordance with the requirements of paragraph (i) of this section. [§1915.71(g)(5)]
(6) Backrails and toeboards shall be in accordance with paragraph (j) of this section. [§1915.71(g)(6)]
(h) Other types of scaffolds. [§1915.71(h)]
(1) Scaffolds of a type for which specifications are not contained in this section shall meet the general requirements of paragraphs (b), (i), and (j) of this section, shall be in accordance with recognized principles of design and shall be constructed in accordance with accepted standards covering such equipment. [§1915.71(h)(1)]
(i) Scaffold or platform planking. [§1915.71(i)]
(1) Except as otherwise provided in paragraphs (f)(11) and (13) of this section, platform planking shall be of not less than 2 × 10 inch lumber. Platform planking shall be straight-grained and free from large or loose knots and may be either rough or dressed. [§1915.71(i)(1)]
(2) Platforms of staging shall be not less than two 10 inch planks in width except in such cases as the structure of the vessel or the width of the trestle ladders make it impossible to provide such a width. [§1915.71(i)(2)]
(3) Platform planking shall project beyond the supporting members at either end by at least 6 inches but in no case shall project more than 12 inches unless the planks are fastened to the supporting members. [§1915.71(i)(3)]
(4) Table E-4 in §1915.118 shall be used as a guide in determining safe loads for scaffold planks. [§1915.71(i)(4)]
(j) Backrails and toeboards. [§1915.71(j)]
(1) Scaffolding, staging, runways, or working platforms which are supported or suspended more than 5 feet above a solid surface, or at any distance above the water, shall be provided with a railing which has a top rail whose upper surface is from 42 to 45 inches above the upper surface of the staging, platform, or runway and a midrail located halfway between the upper rail and the staging, platform, or runway. [§1915.71(j)(1)]
(2) Rails shall be of 2 × 4 inch lumber, flat bar or pipe. When used with rigid supports, taut wire or fiber rope of adequate strength may be used. If the distance between supports is more than 8 feet, rails shall be equivalent in strength to 2 × 4 inch lumber. Rails shall be firmly secured. Where exposed to hot work or chemicals, fiber rope rails shall not be used. [§1915.71(j)(2)]
(3) Rails may be omitted where the structure of the vessel prevents their use. When rails are omitted, employees working more than 5 feet above solid surfaces shall be protected by safety belts and life lines meeting the requirements of §§1915.159 and 1915.160, and employees working over water shall be protected by buoyant work vests meeting the requirements of §1915.158(a). [§1915.71(j)(3)]
(4) Employees working from swinging scaffolds which are triced out of a vertical line below their supports or from scaffolds on paint floats subject to surging, shall be protected against falling
§1915.72
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
toward the vessel by a railing or a safety belt and line attached to the backrail. [§1915.71(j)(4)]
(5) When necessary, to prevent tools and materials from falling on men below, toeboards of not less than 1 × 4 inch lumber shall be provided. [§1915.71(j)(5)]
(k) Access to staging. [§1915.71(k)]
(1) Access from below to staging more than 5 feet above a floor, deck or the ground shall consist of well secured stairways, cleated ramps, fixed or portable ladders meeting the applicable requirements of §1915.72 or rigid type non-collapsible trestles with parallel and level rungs. [§1915.71(k)(1)]
(2) Ramps and stairways shall be provided with 36-inch handrails with midrails. [§1915.71(k)(2)]
(3) Ladders shall be so located or other means shall be taken so that it is not necessary for employees to step more than one foot from the ladder to any intermediate landing or platform.
[§1915.71(k)(3)]
(4) Ladders forming integral parts of prefabricated staging are deemed to meet the requirements of these regulations.[§1915.71(k)(4)]
(5) Access from above to staging more than 3 feet below the point of access shall consist of a straight, portable ladder meeting the applicable requirements of §1915.72 or a Jacob's ladder properly secured, meeting the requirements of §1915.74(d). [§1915.71(k)(5)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
§1915.72
Ladders
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) General requirements. [§1915.72(a)]
(1) The use of ladders with broken or missing rungs or steps, broken or split side rails, or other faulty or defective construction is prohibited. When ladders with such defects are discovered, they shall be immediately withdrawn from service. Inspection of metal ladders shall include checking for corrosion of interiors of open end, hollow rungs. [§1915.72(a)(1)]
(2) When sections of ladders are spliced, the ends shall be abutted, and not fewer than 2 cleats shall be securely nailed or bolted to each rail. The combined cross sectional area of the cleats shall be not less than the cross sectional area of the side rail. The dimensions of side rails for their total length shall be those specified in paragraph (b) or (c) of this section. [§1915.72(a)(2)]
(3) Portable ladders shall be lashed, blocked or otherwise secured to prevent their being displaced. The side rails of ladders used for access to any level shall extend not less than 36 inches above that level. When this is not practical, grab rails which will provide a secure grip for an employee moving to or from the point of access shall be installed. [§1915.72(a)(3)]
(4) Portable metal ladders shall be of strength equivalent to that of wood ladders. Manufactured portable metal ladders provided by the employer shall be in accordance with the provisions of ANSI Standard A14.2-1972: Safety Requirements for Portable Metal Ladders (incorporated by reference, see §1915.5).
[§1915.72(a)(4)]
(5) Portable metal ladders shall not be used near electrical conductors nor for electric arc welding operations. [§1915.72(a)(5)]
(6) Manufactured portable wood ladders provided by the employer shall be in accordance with the provisions of ANSI Standard A14.1-1975: Safety Requirements for Portable Wood Ladders (incorporated by reference, see §1915.5). [§1915.72(a)(6)]
(b) Construction of portable wood cleated ladders up to 30 feet in length. [§1915.72(b)]
(1) Wood side rails shall be made from West Coast hemlock, Eastern spruce, Sitka spruce, or wood of equivalent strength. Material shall be seasoned, straight-grained wood, and free from shakes, checks, decay or other defects which will impair its strength. The use of low density woods is prohibited.
[§1915.72(b)(1)]
(2) Side rails shall be dressed on all sides and kept free of splinters. [§1915.72(b)(2)]
(3) All knots shall be sound and hard. The use of material containing loose knots is prohibited. Knots shall not appear on the narrow face of the rail and, when in the side face, shall be not more than 1⁄2 inch in diameter or within 1⁄2 inch of the edge of the rail or nearer than 3 inches to a tread or rung. [§1915.72(b)(3)]
(4) Pitch pockets not exceeding 1⁄8 inch in width, 2 inches in length and 1⁄2 inch in depth are permissible in wood side rails, provided that not more than one such pocket appears in each 4 feet of length. [§1915.72(b)(4)]
(5) The width between side rails at the base shall be not less than 111 2 inches for ladders 10 feet or less in length. For
longer ladders this width shall be increased at least 1⁄4 inch for each additional 2 feet in length. [§1915.72(b)(5)]
(6) Side rails shall be at least 15⁄8 × 35⁄8 inches in cross section. [§1915.72(b)(6)]
(7) Cleats (meaning rungs rectangular in cross section with the wide dimension parallel to the rails) shall be of the material used for side rails, straight-grained and free from knots. Cleats shall be mortised into the edges of the side rails 1⁄2 inch, or filler blocks shall be used on the rails between the cleats. The cleats shall be secured to each rail with three 10d common wire nails or fastened with through bolts or other fasteners of equivalent strength. Cleats shall be uniformly spaced not more than 12 inches apart. [§1915.72(b)(7)]
(8) Cleats 20 inches or less in length shall be at least 25⁄32 × 3 inches in cross section. Cleats over 20 inches but not more than 30 inches in length shall be at least 25 32 × 33⁄4 inches in cross section. [§1915.72(b)(8)]
(c) Construction of portable wood cleated ladders from 30 to 60 feet in length. [§1915.72(c)]
(1) Ladders from 30 to 60 feet in length shall be in accordance with the specifications of paragraph (b) of this section with the following exceptions: [§1915.72(c)(1)]
(i) Rails shall be of not less than 2 × 6 inch lumber. [§1915.72(c)(1)(i)]
(ii) Cleats shall be of not less than 1 × 4 inch lumber. [§1915.72(c)(1)(ii)]
(iii) Cleats shall be nailed to each rail with five 10d common wire nails or fastened with through bolts or other fasteners of equivalent strength. [§1915.72(c)(1)(iii)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
§1915.73
Guarding of deck openings and edges
(a) The provisions of this section shall apply to ship repairing and shipbuilding operations and shall not apply to shipbreaking. [§1915.73(a)]
(b) When employees are working in the vicinity of flush manholes and other small openings of comparable size in the deck and other working surfaces, such openings shall be suitably covered or guarded to a height of not less than 30 inches, except where the use of such guards is made impracticable by the work actually in progress. [§1915.73(b)]
(c) When employees are working around open hatches not protected by coamings to a height of 24 inches or around other large openings, the edge of the opening shall be guarded in the working area to height of 36 to 42 inches, except where the use of such guards is made impracticable by the work actually in progress.
[§1915.73(c)]
(d) When employees are exposed to unguarded edges of decks, platforms, flats, and similar flat surfaces, more than 5 feet above a solid surface, the edges shall be guarded by adequate guardrails meeting the requirements of §1915.71(j) (1) and (2), unless the nature of the work in progress or the physical conditions prohibit the use or installation of such guardrails. [§1915.73(d)]
(e) When employees are working near the unguarded edges of decks of vessels afloat, they shall be protected by personal flotation devices, meeting the requirements of §1915.158(a).
[§1915.73(e)]
(f) Sections of bilges from which floor plates or gratings have been removed shall be guarded by guardrails except where they would interfere with work in progress. If these open sections are in a walkway at least two 10-inch planks placed side by side, or equivalent, shall be laid across the opening to provide a safe walking surface. [§1915.73(f)]
(g) Gratings, walkways, and catwalks, from which sections or ladders have been removed, shall be barricaded with adequate guardrails. [§1915.73(g)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
§1915.74
Access to vessels
(a) Access to vessels afloat. The employer shall not permit employees to board or leave any vessel, except a barge or river towboat, until the following requirements have been met: [§1915.74(a)]
(1) Whenever practicable, a gangway of not less than 20 inches walking surface of adequate strength, maintained in safe repair and safely secured shall be used. If a gangway is not practicable, a substantial straight ladder, extending at least 36 inches above the upper landing surface and adequately secured against shifting or slipping shall be provided. When conditions are such that neither a gangway nor a straight ladder can be used, a Jacob's ladder meeting the requirements of paragraphs (d) (1) and (2) of this section may be used. [§1915.74(a)(1)]
(2) Each side of such gangway, and the turn table if used, shall have a railing with a minimum height of approximately 33
Working surfaces
inches measured perpendicularly from rail to walking surface at the stanchion, with a midrail. Rails shall be of wood, pipe, chain, wire or rope and shall be kept taut at all times.
[§1915.74(a)(2)]
(3) Gangways on vessels inspected and certificated by the U.S. Coast Guard are deemed to meet the foregoing requirements, except in cases where the vessel's regular gangway is not being used. [§1915.74(a)(3)]
(4) The gangway shall be kept properly trimmed at all times.
[§1915.74(a)(4)]
(5) When a fixed tread accommodations ladder is used, and the angle is low enough to require employees to walk on the edge of the treads, cleated duckboards shall be laid over and secured to the ladder. [§1915.74(a)(5)]
(6) When the lower end of a gangway overhangs the water between the ship and the dock in such a manner that there is danger of employees falling between the ship and the dock, a net or other suitable protection shall be rigged at the foot of the gangway in such a manner as to prevent employees from falling from the end of the gangway. [§1915.74(a)(6)]
(7) If the foot of the gangway is more than one foot away from the edge of the apron, the space between them shall be bridged by a firm walkway equipped with railings, with a minimum height of approximately 33 inches with midrails on both sides.
[§1915.74(a)(7)]
(8) Supporting bridles shall be kept clear so as to permit unobstructed passage for employees using the gangway. [§1915.74(a)(8)]
(9) When the upper end of the means of access rests on or flush with the top of the bulwark, substantial steps properly secured and equipped with at least one substantial handrail approximately 33 inches in height shall be provided between the top of the bulwark and the deck. [§1915.74(a)(9)]
(10) Obstructions shall not be laid on or across the gangway. [§1915.74(a)(10)]
(11) The means of access shall be adequately illuminated for its full length. [§1915.74(a)(11)]
(12) Unless the construction of the vessel makes it impossible, the means of access shall be so located that drafts of cargo do not pass over it. In any event, loads shall not be passed over the means of access while employees are on it. [§1915.74(a)(12)]
(b) Access to vessels in drydock or between vessels. Gangways meeting the requirements of paragraphs (a) (1), (2), (9), (10), (11) of this section shall be provided for access from wingwall to vessel or, when two or more vessels, other than barges or river towboats, are lying abreast, from one vessel to another. [§1915.74(b)]
(c) Access to barges and river towboats. [§1915.74(c)]
(1) Ramps for access of vehicles to or between barges shall be of adequate strength, provided with side boards, well maintained and properly secured. [§1915.74(c)(1)]
(2) Unless employees can step safely to or from the wharf, float, barge, or river towboat, either a ramp meeting the requirements of paragraph (c)(1) of this section or a safe walkway meeting the requirements of paragraph (a)(7) of this section shall be provided. When a walkway is impracticable, a substantial straight ladder, extending at least 36 inches above the upper landing surface and adequately secured against shifting or slipping, shall be provided. When conditions are such that neither a walkway nor a straight ladder can be used, a Jacob's ladder in accordance with the requirements of paragraph (d) of this section may be used. [§1915.74(c)(2)]
(3) The means of access shall be in accordance with the requirements of paragraphs (a) (9), (10), and (11) of this section. [§1915.74(c)(3)]
(d) Jacob's ladders. [§1915.74(d)]
(1) Jacob's ladders shall be of the double rung or flat tread type. They shall be well maintained and properly secured. [§1915.74(d)(1)]
(2) A Jacob's ladder shall either hang without slack from its lashings or be pulled up entirely. [§1915.74(d)(2)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
§1915.75
Access to and guarding of dry docks and marine railways
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) A gangway, ramp or permanent stairway of not less than 20 inches walking surface, of adequate strength, maintained in safe repair and securely fastened, shall be provided between a floating dry dock and the pier or bulkhead. [§1915.75(a)]
(b) Each side of such gangway, ramp or permanent stairway, including those which are used for access to wing walls from dry dock floors, shall have a railing with a midrail. Such railings on gangways or ramps shall be approximately 42 inches in height; and railings on permanent stairways shall be not less than approx-
imately 30 or more than approximately 34 inches in height. Rails shall be of wood, pipe, chain, wire, or rope, and shall be kept taut at all times. [§1915.75(b)]
(c) Railings meeting the requirements of paragraph (b) of this section shall be provided on the means of access to and from the floors of graving docks. [§1915.75(c)]
(d) Railings approximately 42 inches in height, with a midrail, shall be provided on the edges of wing walls of floating dry docks and on edges of graving docks. Sections of the railings may be temporarily removed where necessary to permit line handling while a vessel is entering or leaving the dock. [§1915.75(d)]
(e) When employees are working on the floor of a floating dry dock where they are exposed to the hazard of falling into the water, the end of the dry dock shall be equipped with portable stanchions and 42 inch railings with a midrail. When such a railing would be impracticable or ineffective, other effective means shall be provided to prevent employees from falling into the water.
[§1915.75(e)]
(f) Access to wing walls from floors of dry docks shall be by ramps, permanent stairways or ladders meeting the applicable requirements of §1915.72. [§1915.75(f)]
(g) Catwalks on stiles of marine railways shall be no less than 20 inches wide and shall have on at least one side a guardrail and midrail meeting the requirements of §1915.71(j) (1) and (2).
[§1915.75(g)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002] §1915.76
Access to cargo spaces and confined spaces
The provisions of this section apply to ship repairing, shipbuilding and shipbreaking except that paragraph (a)(4) of this section applies to ship repairing only.
(a) Cargo spaces. [§1915.76(a)]
(1) There shall be at least one safe and accessible ladder in any cargo space which employees must enter. [§1915.76(a)(1)]
(2) When any fixed ladder is visibly unsafe, the employer shall prohibit its use by employees. [§1915.76(a)(2)]
(3) Straight ladders of adequate strength and suitably secured against shifting or slipping shall be provided as necessary when fixed ladders in cargo spacaes do not meet the requirements of paragraph (a)(1) of this section. When conditions are such that a straight ladder cannot be used, a Jacob's ladder meeting the requirements of §1915.74(d) may be used. [§1915.76(a)(3)]
(4) When cargo is stowed within 4 inches of the back of ladder rungs, the ladder shall be deemed “unsafe” for the purpose of this section. [§1915.76(a)(4)]
(5) Fixed ladders or straight ladders provided for access to cargo spaces shall not be used at the same time that cargo drafts, equipment, materials, scrap or other loads are entering or leaving the hold. Before using these ladders to enter or leave the hold, the employee shall be required to inform the winchman or crane signalman of his intention. [§1915.76(a)(5)]
(b) Confined spaces. [§1915.76(b)]
(1) More than one means of access shall be provided to a confined space in which employees are working and in which the work may generate a hazardous atmosphere in the space except where the structure or arrangement of the vessel makes this provision impractical. [§1915.76(b)(1)]
(2) When the ventilation ducts required by these regulations must pass through these means of access, the ducts shall be of such a type and so arranged as to permit free passage of an employee through at least two of these means of access.
[§1915.76(b)(2)]
§1915.77
Working surfaces
(a) Paragraphs (b) through (d) of this section shall apply to ship repairing and shipbuilding operations, and shall not apply to shipbreaking. Paragraph (e) of this section shall apply to shipbuilding, ship repairing and shipbreaking operations. [§1915.77(a)]
(b) When firebox floors present tripping hazards of exposed tubing or of missing or removed refractory, sufficient planking to afford safe footing shall be laid while work is being carried on within the boiler. [§1915.77(b)]
(c) When employees are working aloft, or elsewhere at elevations more than 5 feet above a solid surface, either scaffolds or a sloping ladder, meeting the requirements of this subpart, shall be used to afford safe footing, or the employees shall be protected by safety belts and lifelines meeting the requirements of §§1915.159 and 1915.160. Employees visually restricted by blasting hoods, welding helmets, and burning goggles shall work from scaffolds, not from ladders, except for the initial and final welding or burning
§1915.80 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
operation to start or complete a job, such as the erection and dismantling of hung scaffolding, or other similar, nonrepetitive jobs of brief duration. [§1915.77(c)]
(d) For work performed in restricted quarters, such as behind boilers and in between congested machinery units and piping, work platforms at least 20 inches wide meeting the requirements of §1915.71(i)(1) shall be used. Backrails may be omitted if bulkheading, boilers, machinery units, or piping afford proper protection against falling. [§1915.77(d)]
(e) When employees are boarding, leaving, or working from small boats or floats, they shall be protected by personal flotation devices meeting the requirements of §1915.158(a). [§1915.77(e)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Subpart F – General Working Conditions
§1915.80
Scope, application, definitions, and effective dates
(a) The provisions of this subpart apply to general working conditions in shipyard employment, including work on vessels, on vessel sections, and at landside operations, regardless of geographic location. [§1915.80(a)]
(b) Definitions applicable to this subpart. [§1915.80(b)]
(1) Additional safety measure . A component of the tags-plus system that provides an impediment (in addition to the energyisolating device) to the release of energy or the energization or startup of the machinery, equipment, or system being serviced. Examples of additional safety measures include, but are not limited to, removing an isolating circuit element; blocking a controlling switch; blocking, blanking, or bleeding lines; removing a valve handle or wiring it in place; opening an extra disconnecting device.
(2) Affected employee . An employee who normally operates or uses the machinery, equipment, or system that is going to be serviced under lockout/tags-plus or who is working in the area where servicing is being performed under lockout/tagsplus. An affected employee becomes an authorized employee when the employer assigns the employee to service any machine, equipment, or system under a lockout/ tags-plus application.
(3) Authorized employee.
(i) An employee who performs one or more of the following lockout/tags-plus responsibilities:
[A] Executes the lockout/tags-plus procedures;
[B] Installs a lock or tags-plus system on machinery, equipment, or systems; or
[C] Services any machine, equipment, or system under lockout/tags-plus application.
(ii) An affected employee becomes an authorized employee when the employer assigns the employee to service any machine, equipment, or system under a lockout/tags-plus application.
(4) Capable of being locked out . An energy-isolating device is capable of being locked out if it has a locking mechanism built into it, or it has a hasp or other means of attachment to which, or through which, a lock can be affixed. Other energyisolating devices are capable of being locked out if lockout can be achieved without the need to dismantle, rebuild, or replace the energy-isolating device or permanently alter its energy-control capability.
(5) Contract employer . An employer, such as a painting, joinery, carpentry, or scaffolding subcontractor, that performs shipyard-related services or work under contract to the host employer or to another employer under contract to the host employer at the host employer's worksite. This excludes employers who provide services that are not directly related to shipyard employment, such as mail delivery, office supply, and food vending services.
(6) Dummy load . A device used in place of an antenna to aid in the testing of a radio transmitter that converts transmitted energy into heat to minimize energy radiating outward or reflecting back to its source during testing.
(7) Energy-isolating device . A mechanical device that, when utilized or activated, physically prevents the release or transmission of energy. Energy-isolating devices include, but are not limited to, manually operated electrical circuit breakers; disconnect switches; line valves; blocks; and any similar device used to block or isolate energy. Control-circuit devices (for example, push buttons, selector switches) are not considered energy-isolating devices.
(8) Hazardous energy. Any energy source, including mechanical (for example, power transmission apparatus, counterbalances, springs, pressure, gravity), pneumatic, hydraulic, electrical, chemical, and thermal (for example, high or low temperature) energies, that could cause injury to employees.
(9) Hazardous substances. A substance that may cause injury, illness, or disease, or otherwise harm an employee by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful.
(10) Health care professional. A physician or any other healthcare professional whose legally permitted scope of practice allows the provider to independently provide, or be delegated the responsibility to provide, some or all of the advice or consultation this subpart requires.
(11) Host employer. An employer that is in charge of coordinating shipyard-related work, or that hires other employers to perform shipyard-related work or to provide shipyard-related services, at a multi-employer worksite.
(12) Isolated location. An area in which employees are working alone or with little assistance from others due to the type, time, or location of their work. Such locations include remote locations or other work areas where employees are not in close proximity to others.
(13) Lock. A device that utilizes a positive means, either a key or combination lock, to hold an energy-isolating device in a “safe” position that prevents the release of energy and the startup or energization of the machinery, equipment, or system to be serviced.
(14) Lockout. The placement of a lock on an energy-isolating device in accordance with an established procedure, thereby ensuring that the energy-isolating device and the equipment being controlled cannot be operated until the lock is removed.
(15) Lockout/tags-plus coordinator. An employee whom the employer designates to coordinate and oversee all lockout and tags-plus applications on vessels or vessel sections and at landside work areas when employees are performing multiple servicing operations on the same machinery, equipment, or systems at the same time, and when employees are servicing multiple machinery, equipment, or systems on the same vessel or vessel section at the same time. The lockout/tags-plus coordinator also maintains the lockout/tags-plus log.
(16) Lockout/tags-plus materials and hardware. Locks, chains, wedges, blanks, key blocks, adapter pins, self-locking fasteners, or other hardware used for isolating, blocking, or securing machinery, equipment, or systems to prevent the release of energy or the startup or energization of machinery, equipment, or systems to be serviced.
(17) Motor vehicle. Any motor-driven vehicle operated by an employee that is used to transport employees, material, or property. For the purposes of this subpart, motor vehicles include passenger cars, light trucks, vans, motorcycles, all-terrain vehicles, small utility trucks, powered industrial trucks, and other similar vehicles. Motor vehicles do not include boats, or vehicles operated exclusively on a rail or rails.
(18) Motor vehicle safety equipment. Systems and devices integral to or installed on a motor vehicle for the purpose of effecting the safe operation of the vehicle, and consisting of such systems or devices as safety belts, airbags, headlights, tail lights, emergency/hazard lights, windshield wipers, defogging or defrosting devices, brakes, horns, mirrors, windshields and other windows, and locks.
(19) Navy ship's force. The crew of a vessel that is owned or operated by the U.S. Navy, other than a time- or voyagechartered vessel, that is under the control of a Commanding Officer or Master.
(20) Normal production operations. The use of machinery or equipment, including, but not limited to, punch presses, bending presses, shears, lathes, keel press rollers, and automated burning machines, to perform a shipyard-employment production process.
(21) Portable toilet. A non-sewered portable facility for collecting and containing urine and feces. A portable toilet may be either flushable or non-flushable. For purposes of this section, portable toilets do not include privies.
(22) Potable water. 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 Water Regulations (40 CFR part 141).
(23) Readily accessible/available. Capable of being reached quickly enough to ensure, for example, that emergency medical services and first aid intervention are appropriate or that employees can reach sanitation facilities in time to meet their health and personal needs.
(24) Sanitation facilities. Facilities, including supplies, maintained for employee personal and health needs such as potable drinking water, toilet facilities, hand-washing and -drying facilities, showers (including quick-drenching or flushing) and changing rooms, eating and drinking areas, first aid stations, and on-site medical-service areas. Sanitation supplies include soap, waterless cleaning agents, single-use drinking cups, drinking water containers, toilet paper, and towels.
(25) Serviceable condition. The state or ability of supplies or goods, or of a tool, machine, vehicle, or other device, to be used or to operate in the manner prescribed by the manufacturer.
(26) Servicing. Workplace activities that involve the construction, installation, adjustment, inspection, modification, testing, or repair of machinery, equipment, or systems. Servicing also includes maintaining machines, equipment, or systems when performing these activities would expose the employee to harm from the start-up or energization of the system being serviced, or the release of hazardous energy.
(27) Sewered toilet. A fixture maintained for the purpose of urination and defecation that is connected to a sanitary sewer, septic tank, holding tank (bilge), or on-site sewage-disposal treatment facility, and that is flushed with water.
(28) Shield. To install a covering, protective layer, or other effective measure on or around steam hoses or temporary steam-piping systems, including metal fittings and couplings, to protect employees from contacting hot surfaces or elements.
(29) Short bight. A loop created in a line or rope that is used to tie back or fasten objects such as hoses, wiring, and fittings.
(30) Tag. A prominent warning device that includes a means of attachment that can be securely fastened to an energy-isolating device in accordance with an established procedure to indicate that the energy-isolating device and the equipment being controlled must not be operated until the tag is removed by an authorized employee.
(31) Tags-plus system. A system to control hazardous energy that consists of an energy-isolating device with a tag affixed to it, and at least one additional safety measure.
(32) Verification of isolation. The means necessary to detect the presence of hazardous energy, which may involve the use of a test instrument (for example, a voltmeter), and, for other than electric shock protection, a visual inspection, or a deliberate attempt to start-up the machinery, equipment, or system.
(33) Vermin. Insects, birds, and other animals, such as rodents and feral cats, that may create safety and health hazards for employees.
(34) Vessel section. A subassembly, module, or other component of a vessel being built or repaired.
(35) Walkway. Any surface, whether vertical, slanted, or horizontal, on which employees walk, including areas that employees pass through, to perform their job tasks. Walkways include, but are not limited to, access ways, designated walkways, aisles, exits, gangways, ladders, ramps, stairs, steps, passageways, and scaffolding. If an area is, or could be, used to gain access to other locations, it is to be considered a walkway.
(36) Work area. A specific area, such as a machine shop, engineering space, or fabrication area, where one or more employees are performing job tasks.
(37) Working surface. Any surface where work is occurring, or areas where tools, materials, and equipment are being staged for performing work.
(38) Worksite. A general work location where one or more employees are performing work, such as a shipyard, pier, barge, vessel, or vessel section.
(c) Effective dates. This final rule becomes effective and enforceable on August 1, 2011, except for the provisions in §1915.89, which become effective and enforceable on October 31, 2011.
[§1915.80(c)]
§1915.81
Housekeeping
(a) General requirements. [§1915.81(a)]
(1) The employer shall establish and maintain good housekeeping practices to eliminate hazards to employees to the extent practicable. [§1915.81(a)(1)]
(2) The employer shall eliminate slippery conditions, such as snow and ice, on walkways and working surfaces as necessary. If it is not practicable for the employer to remove slippery conditions, the employer either shall: [§1915.81(a)(2)]
(i) Restrict employees to designated walkways and working surfaces where the employer has eliminated slippery conditions; or [§1915.81(a)(2)(i)]
(ii) Provide slip-resistant footwear in accordance with 29 CFR part 1915, subpart I. [§1915.81(a)(2)(ii)]
(3) The employer shall store materials in a manner that does not create a hazard for employees. [§1915.81(a)(3)]
(4) The employer shall maintain easy and open access to each fire-alarm box, fire-call station, fire-fighting equipment, and each exit, including ladders, staircases, scaffolds, and gangways. [§1915.81(a)(4)]
(5) The employer shall dispose of flammable and combustible substances, such as paint thinners, solvents, rags, scrap, and waste, or store them in covered fire-resistant containers at the end of each workshift or when the job is completed, whichever occurs first. [§1915.81(a)(5)]
(b) Walkways. [§1915.81(b)]
(1) In addition to the requirements in paragraph (a), the employer also shall ensure that each walkway: [§1915.81(b)(1)]
(i) Provides adequate passage; [§1915.81(b)(1)(i)]
(ii) Is clear of debris, including solid and liquid wastes, that may create a hazard for employees; [§1915.81(b)(1)(ii)]
(iii) Is clear of tools, materials, equipment, and other objects that may create a hazard for employees; and [§1915.81(b)(1)(iii)]
(iv) Is clear of hoses and electrical service cords. The employer shall: [§1915.81(b)(1)(iv)]
[A] Place each hose and cord above walkways in a location that will prevent injury to employees and damage to the hoses and cords; [§1915.81(b)(1)(iv)[A]]
[B] Place each hose and cord underneath walkways; [§1915.81(b)(1)(iv)[B]]
[C] Place each hose and cord on walkways, provided the hoses and cords are covered by crossovers or other means that will prevent injury to employees and damage to the hoses and cords; or [§1915.81(b)(1)(iv)[C]]
[D] Protect each hose and cord by other suitable means. [§1915.81(b)(1)(iv)[D]]
(2) While a walkway or part of a walkway is being used as a working surface, the employer shall cordon off that portion to prevent it from being used as a walkway. [§1915.81(b)(2)]
(c) Working surfaces. In addition to the requirements in paragraph (a), the employer also shall ensure that each working surface:
[§1915.81(c)]
(1) Is cleared of tools, materials, and equipment that are not necessary to perform the job in progress; [§1915.81(c)(1)]
(2) Is cleared of debris, including solid and liquid wastes, at the end of each workshift or job, whichever occurs first; [§1915.81(c)(2)]
(3) Is maintained, so far as practicable, in a dry condition. When a wet process is used, the employer shall maintain drainage and provide false floors, platforms, mats, or other dry standing places. When the employer demonstrates that this procedure is not practicable, the employer shall provide each employee working in the wet process with protective footgear, in accordance with 29 CFR part 1915, subpart I. [§1915.81(c)(3)]
§1915.82
Lighting Lighting
(a) General Requirements. [§1915.82(a)]
(1) The employer shall ensure that each work area and walkway is adequately lighted whenever an employee is present. [§1915.82(a)(1)]
(2) For landside areas, the employer shall provide illumination that meets the levels set forth in Table F-1 to §1915.82. [§1915.82(a)(2)]
Table F-1 to §1915.82 — Minimum Lighting Intensities in Foot-Candles Lumens (foot-candles) Area or operation
3 General areas on vessels and vessel sections such as accessways, exits, gangways, stairs, and walkways.
5 General landside areas such as corridors, exits, stairs, and walkways.
5All assigned work areas on any vessel or vessel section.
5 Landside tunnels, shafts, vaults, pumping stations, and underground work areas.
10 Landside work areas such as machine shops, electrical equipment rooms, carpenter shops, lofts, tool rooms, warehouses, and outdoor work areas.
10 Changing rooms, showers, sewered toilets, and eating, drinking, and break areas.
30First aid stations, infirmaries, and offices.
Note to table F-1 to §1915.82: The required illumination levels in this table do not apply to emergency or portable lights.
(3) For vessels and vessel sections, the employer shall provide illumination that meets the levels set forth in the table to paragraph (a)(2) or meet ANSI/IESNA RP-7-01 (incorporated by reference, see 1915.5). [§1915.82(a)(3)]
1915 - Occupational Safety & Health Standards for Shipyard Employment
(4) When adequate illumination is not obtainable by permanent lighting sources, temporary lighting may be used as supplementation. [§1915.82(a)(4)]
(5) The employer shall ensure that neither matches nor openflame devices are used for lighting. [§1915.82(a)(5)]
(b) Temporary lights. The employer shall ensure that temporary lights meet the following requirements: [§1915.82(b)]
(1) Lights with bulbs that are not completely recessed are equipped with guards to prevent accidental contact with the bulb; [§1915.82(b)(1)]
(2) Lights are equipped with electric cords designed with sufficient capacity to safely carry the electric load; [§1915.82(b)(2)]
(3) Connections and insulation on electric cords are maintained in a safe condition; [§1915.82(b)(3)]
(4) Lights and lighting stringers are not suspended solely by their electric cords unless they are designed by the manufacturer to be suspended in this way; [§1915.82(b)(4)]
(5) Lighting stringers do not overload branch circuits; [§1915.82(b)(5)]
(6) Branch circuits are equipped with over-current protection with a capacity that does not exceed the rated current-carrying capacity of the cord used; [§1915.82(b)(6)]
(7) Splices have insulation with a capacity that exceeds that of the original insulation of the cord; and [§1915.82(b)(7)]
(8) Exposed, non-current-carrying metal parts of lights are grounded. The employer shall ensure that grounding is provided either through a third wire in the cord containing the circuit conductors or through a separate wire that is grounded at the source of the current. Grounding shall be done in accordance with the requirements of 29 CFR 1910, subpart S. [§1915.82(b)(8)]
(c) Portable lights. [§1915.82(c)]
(1) In any dark area that does not have permanent or temporary lights, where lights are not working, or where lights are not readily accessible, the employer shall provide portable or emergency lights and ensure that employees do not enter those areas without such lights. [§1915.82(c)(1)]
(2) Where the only means of illumination on a vessel or vessel section are from lighting sources that are not part of the vessel or vessel section, the employer shall provide portable or emergency lights for the safe movement of each employee. If natural sunlight provides sufficient illumination, portable or emergency lights are not required. [§1915.82(c)(2)]
(d) Explosion-proof, self-contained lights. The employer shall provide and ensure that each employee uses only explosion-proof, self-contained temporary and portable lights, approved for hazardous conditions by a nationally recognized testing laboratory (NRTL), in any area that the atmosphere is determined to contain a concentration of flammable vapors that are at or above 10 percent of the lower explosive limit (LEL) as specified in 29 CFR part 1915, subparts B and C. [§1915.82(d)]
§1915.83
Utilities
(a) Steam supply system. [§1915.83(a)]
(1) The employer shall ensure that the vessel's steam piping system, including hoses, is designed to safely handle the working pressure prior to supplying steam from an outside source. The employer shall obtain a written or oral determination from a responsible vessel's representative, a contractor, or any other person who is qualified by training, knowledge, or experience to make such determination that the working pressure of the vessel's steam piping system is safe. [§1915.83(a)(1)]
(2) The employer shall ensure that each outside steam supply connected to a vessel's steam piping system meets the following requirements: [§1915.83(a)(2)]
(i) A pressure gauge and a relief valve are installed at the point where the temporary steam hose joins the vessel's steam piping system; [§1915.83(a)(2)(i)]
(ii) Each relief valve is set to relieve excess steam at, and is capable of relieving steam at, a pressure that does not exceed the safe working pressure of the system in its present condition; [§1915.83(a)(2)(ii)]
(iii) There are no means of inadvertently disconnecting any relief valve from the system that it protects; [§1915.83(a)(2)(iii)]
(iv) Each pressure gauge and relief valve is legible and located so it is visible and readily accessible; and [§1915.83(a)(2)(iv)]
(v) Each relief valve is positioned so it is not likely to cause injury if steam is released. [§1915.83(a)(2)(v)]
(b) Steam hoses. The employer shall ensure that each steam hose meets the following requirements: [§1915.83(b)]
(1) The steam hose and its fittings are used in accordance with manufacturer's specifications; [§1915.83(b)(1)]
(2) Each steam hose is hung tightly with short bights that prevent chafing and to reduce tension on the hose and its fittings; [§1915.83(b)(2)]
(3) Each steam hose is protected from damage; and [§1915.83(b)(3)]
(4) Each steam hose or temporary steam piping, including metal fittings and couplings, that pass through a walking or working area is shielded to protect employees from contact. [§1915.83(b)(4)]
(c) Electric shore power. When a vessel is supplied with electric shore power, the employer shall take the following precautions prior to energizing any of the vessel's circuits: [§1915.83(c)]
(1) Ensure that the vessel is grounded; [§1915.83(c)(1)]
(2) Equip each circuit to be energized with over-current protection that does not exceed the rated current-carrying capacity of the conductors; and [§1915.83(c)(2)]
(3) Ensure that each circuit to be energized is in a safe condition. The employer must obtain a determination of the safe condition, either orally or in writing, from a responsible vessel's representative, a contractor, or any other person who is qualified by training, knowledge, or experience to make such determination. [§1915.83(c)(3)]
(d) Heat lamps. The employer shall ensure that each heat lamp, including the face, is equipped with surround-type guards to prevent contact with the lamp and bulb. [§1915.83(d)]
§1915.84
Working alone
(a) Except as provided in §1915.51(c)(3) of this part, whenever an employee is working alone, such as in a confined space or isolated location, the employer shall account for each employee: [§1915.84(a)]
(1) Throughout each workshift at regular intervals appropriate to the job assignment to ensure the employee's safety and health; and [§1915.84(a)(1)]
(2) At the end of the job assignment or at the end of the workshift, whichever occurs first. [§1915.84(a)(2)]
(b) The employer shall account for each employee by sight or verbal communication. [§1915.84(b)]
§1915.85
Vessel radar and communication systems
(a) The employer shall service each vessel's radar and communication systems in accordance with 29 CFR 1915.89, Control of Hazardous Energy. [§1915.85(a)]
(b) The employer shall secure each vessel's radar and communication system so it is incapable of energizing or emitting radiation before any employee begins work: [§1915.85(b)]
(1) On or in the vicinity of the system; [§1915.85(b)(1)]
(2) On or in the vicinity of a system equipped with a dummy load; or [§1915.85(b)(2)]
(3) Aloft, such as on a mast or king post. [§1915.85(b)(3)]
(c) When a vessel's radar or communication system is operated, serviced, repaired, or tested, the employer shall ensure that: [§1915.85(c)]
(1) There is no other work in progress aloft; and [§1915.85(c)(1)]
(2) No employee is closer to the system's antenna or transmitter than the manufacturer's specified safe minimum distance for the type, model, and power of the equipment. [§1915.85(c)(2)]
(d) The employer shall ensure that no employee enters an area designated as hazardous by manufacturers' specifications while a radar or communication system is capable of emitting radiation.
[§1915.85(d)]
(e) The requirements of this section do not apply when a radar or communication system is incapable of emitting radiation at levels that could injure workers in the vicinity of the system, or if the radar or communication system is incapable of energizing in a manner than could injure workers working on or in the vicinity of the system. [§1915.85(e)]
§1915.86
Lifeboats
(a) Before any employee works in or on a stowed or suspended lifeboat, the employer shall secure the lifeboat independently from the releasing gear to prevent it from falling or capsizing. [§1915.86(a)]
(b) The employer shall not permit any employee to be in a lifeboat while it is being hoisted or lowered, except when the employer demonstrates that it is necessary to conduct operational tests or drills over water, or in the event of an emergency. [§1915.86(b)]
(c) The employer shall not permit any employee to work on the outboard side of a lifeboat that is stowed on chocks unless the lifeboat is secured by gripes or another device that prevents it from swinging. [§1915.86(c)]
§1915.87
Medical services and first aid
(a) General requirement. The employer shall ensure that emergency medical services and first aid are readily accessible. [§1915.87(a)]
(b) Advice and consultation. The employer shall ensure that healthcare professionals are readily available for advice and consultation on matters of workplace health. [§1915.87(b)]
(c) First aid providers. [§1915.87(c)]
(1) The employer shall ensure that there is an adequate number of employees trained as first aid providers at each worksite during each workshift unless: [§1915.87(c)(1)]
(i) There is an on-site clinic or infirmary with first aid providers during each workshift; or [§1915.87(c)(1)(i)]
(ii) The employer can demonstrate that outside first aid providers (i.e., emergency medical services) can reach the worksite within five (5) minutes of a report of injury or illness. The employer must take appropriate steps to ascertain that emergency medical assistance will be readily available promptly if an injury or illness occurs. [§1915.87(c)(1)(ii)]
(2) The employer shall ensure that a first aid provider is able to reach an injured/ill employee within five (5) minutes of a report of a serious injury, illness, or accident such as one involving cardiac arrest, acute breathing problems, uncontrolled bleeding, suffocation, electrocution, or amputation. [§1915.87(c)(2)]
(3) The employer shall use the following factors in determining the number and location of employees who must have first aid training: size and location of each worksite; the number of employees at each worksite; the hazards present at each worksite; and the distance of each worksite from hospitals, clinics, and rescue squads. [§1915.87(c)(3)]
(4) The employer shall ensure that first aid providers are trained to render first aid, including cardiopulmonary resuscitation (CPR). [§1915.87(c)(4)]
(5) The employer shall ensure that each first aid provider maintains current first aid and CPR certifications, such as issued by the Red Cross, American Heart Association, or other equivalent organization. [§1915.87(c)(5)]
(d) First aid supplies. [§1915.87(d)]
(1) The employer shall provide and maintain adequate first aid supplies that are readily accessible to each worksite. An employer's on-site infirmary or clinic containing first aid supplies that are readily accessible to each worksite complies with this requirement. [§1915.87(d)(1)]
(2) The employer shall ensure that the placement, content, and amount of first aid supplies are adequate for the size and location of each worksite, the number of employees at each worksite, the hazards present at each worksite, and the distance of each worksite from hospitals, clinics, and rescue squads. [§1915.87(d)(2)]
(3) The employer shall ensure that first aid supplies are placed in a weatherproof container. [§1915.87(d)(3)]
(4) The employer shall maintain first aid supplies in a dry, sterile, and serviceable condition. [§1915.87(d)(4)]
(5) The employer shall replenish first aid supplies as necessary to ensure that there is an adequate supply when needed. [§1915.87(d)(5)]
(6) The employer shall inspect first aid supplies at sufficient intervals to ensure that they are adequate and in a serviceable condition. [§1915.87(d)(6)]
(e) Quick-drenching and flushing facilities. Where the potential exists for an employee to be splashed with a substance that may result in an acute or serious injury, the employer shall provide facilities for quick-drenching or flushing the eyes and body. The employer shall ensure that such a facility is located for immediate emergency use within close proximity to operations where such substances are being used. [§1915.87(e)]
(f) Basket stretchers. [§1915.87(f)]
(1) The employer shall provide an adequate number of basket stretchers, or the equivalent, readily accessible to where work is being performed on a vessel or vessel section. The employer is not required to provide basket stretchers or the equivalent where emergency response services have basket stretchers or the equivalent that meet the requirements of this paragraph.
[§1915.87(f)(1)]
(2) The employer shall ensure each basket stretcher, or the equivalent, is equipped with: [§1915.87(f)(2)]
(i) Permanent lifting bridles that enable the basket stretcher, or the equivalent, to be attached to hoisting gear capable of lifting at least 5,000 pounds (2,270 kg); [§1915.87(f)(2)(i)]
(ii) Restraints that are capable of securely holding the injured/ ill employee while the basket stretcher, or the equivalent, is lifted or moved; and [§1915.87(f)(2)(ii)]
(iii) A blanket or other suitable covering for the injured/ill employee.
[§1915.87(f)(2)(iii)]
(3) The employer shall store basket stretchers, or the equivalent, and related equipment (i.e., restraints, blankets) in a clearly marked location in a manner that prevents damage and protects the equipment from environmental conditions.
[§1915.87(f)(3)]
(4) The employer shall inspect stretchers, or the equivalent, and related equipment at intervals that ensure the equipment remains in a safe and serviceable condition, but at least once a year.
§1915.87 Appendix A First Aid Kits and Automated External Defibrillators (Non-Mandatory)
1. First aid supplies are required to be adequate and readily accessible under paragraphs §1915.87(a) and (d). An example of the minimal contents of a generic first aid kit for workplace settings is described in ANSI/ISEA Z308.1-2009, “Minimum Requirements for Workplace First Aid Kits and Supplies” (incorporated by reference as specified in §1915.5). The contents of the kit listed in this ANSI standard should be adequate for small worksites. When larger operations or multiple operations are being conducted at the same worksite, employers should determine the need for additional first aid kits, additional types of first aid equipment and supplies, and additional quantities and types of supplies and equipment in the first aid kits.
2. In a similar fashion, employers that have unique or changing first aid needs at their worksite may need to enhance their first aid kits. The employer can use the OSHA 300 Log, OSHA 301 Incident Report form, or other reports to identify these unique problems. Consultation from the local fire or rescue department, appropriate healthcare professional or local emergency room may be helpful to employers in these circumstances. By assessing the specific needs of their worksite, employers can ensure that reasonably anticipated supplies are available. Employers should assess the specific needs of their worksite periodically, and augment first aid kits appropriately.
3. If it is reasonably anticipated that employees will be exposed to blood or other potentially infectious materials while using first aid supplies, employers must provide appropriate personal protective equipment (PPE) in compliance with the provisions of the Occupational Exposure to Bloodborne Pathogens standard, §1910.1030(d)(3). This standard lists appropriate PPE for this type of exposure, such as gloves, gowns, face shields, masks, and eye protection.
4. Employers who provide automated external defibrillators (AEDs) at their workplaces should designate who will use AEDs and train those employees so they know how to correctly use the AEDs. Although a growing number of AEDs are now designed to be used by any person, even without training, training reinforces proper use and promotes the usefulness of AEDs as part of an effective cardiopulmonary resuscitation plan. For AEDs to be effective, employers should:
a. Ensure that AEDs are located so they can be utilized within three to five minutes of a report of an accident or injury;
b. Ensure that employees use AEDs in accordance with manufacturers' specifications; and
c. Inspect, test, and maintain AEDs in accordance with manufacturers' specifications.
§1915.88
Sanitation
(a) General requirements. [§1915.88(a)]
(1) The employer shall provide adequate and readily accessible sanitation facilities. [§1915.88(a)(1)]
(2) The employer shall establish and implement a schedule for servicing, cleaning, and supplying each facility to ensure it is maintained in a clean, sanitary, and serviceable condition.
[§1915.88(a)(2)]
(b) Potable water. [§1915.88(b)]
(1) The employer shall provide potable water for all employee health and personal needs and ensure that only potable water is used for these purposes. [§1915.88(b)(1)]
(2) The employer shall provide potable drinking water in amounts that are adequate to meet the health and personal needs of each employee. [§1915.88(b)(2)]
(3) The employer shall dispense drinking water from a fountain, a covered container with single-use drinking cups stored in a sanitary receptacle, or single-use bottles. The employer shall prohibit the use of shared drinking cups, dippers, and water bottles. [§1915.88(b)(3)]
§1915.89
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(c) Non-potable water. [§1915.88(c)]
(1) The employer may use non-potable water for other purposes such as firefighting and cleaning outdoor premises so long as it does not contain chemicals, fecal matter, coliform, or other substances at levels that may create a hazard for employees.
[§1915.88(c)(1)]
(2) The employer shall clearly mark non-potable water supplies and outlets as “not safe for health or personal use.”
[§1915.88(c)(2)]
(d) Toilets — [§1915.88(d)]
(1) General requirements. The employer shall ensure that sewered and portable toilets: [§1915.88(d)(1)]
(i) Provide privacy at all times. When a toilet facility contains more than one toilet, each toilet shall occupy a separate compartment with a door and walls or partitions that are sufficiently high to ensure privacy; and [§1915.88(d)(1)(i)]
(ii) Are separate for each sex, except as provided in (d)(1)(ii)(B) of this section; [§1915.88(d)(1)(ii)]
[A] The number of toilets provided for each sex shall be based on the maximum number of employees of that sex present at the worksite at any one time during a workshift. A single-occupancy toilet room shall be counted as one toilet regardless of the number of toilets it contains; and [§1915.88(d)(1)(ii)[A]]
[B] The employer does not have to provide separate toilet facilities for each sex when they will not be occupied by more than one employee at a time, can be locked from the inside, and contain at least one toilet.
[§1915.88(d)(1)(ii)[B]]
(iii) The employer shall establish and implement a schedule to ensure that each sewered and portable toilet is maintained in a clean, sanitary, and serviceable condition.
[§1915.88(d)(1)(iii)]
(2) Minimum number of toilets. [§1915.88(d)(2)]
(i) The employer shall provide at least the following number of toilets for each sex. Portable toilets that meet the requirements of paragraph (d)(3) of this section may be included in the minimum number of toilets. [§1915.88(d)(2)(i)]
Table F-2 to §1915.88
Number of employees of each sex Minimum number of toilets per sex
(ii) If the facility uses soap and water, it is supplied with clean, single-use hand towels stored in a sanitary container and a sanitary means for disposing of them, clean individual sections of continuous cloth toweling, or a hand-drying air blower. [§1915.88(e)(2)(ii)]
(3) The employer shall inform each employee engaged in the application of paints or coatings or in other operations in which hazardous or toxic substances can be ingested or absorbed about the need for removing surface contaminants from their skins surface by thoroughly washing their hands and face at the end of the workshift and prior to eating, drinking, or smoking. [§1915.88(e)(3)]
(f) Showers. [§1915.88(f)]
(1) When showers are required by an OSHA standard, the employer shall provide one shower for each 10, or fraction of 10, employees of each sex who are required to shower during the same workshift. [§1915.88(f)(1)]
(2) The employer shall ensure that each shower is equipped with soap, hot and cold water, and clean towels for each employee who uses the shower. [§1915.88(f)(2)]
(g) Changing rooms. When an employer provides protective clothing to prevent employee exposure to hazardous or toxic substances, the employer shall provide the following: [§1915.88(g)]
(1) Changing rooms that provide privacy for each sex; and [§1915.88(g)(1)]
(2) Storage facilities for street clothes, as well as separate storage facilities for protective clothing. [§1915.88(g)(2)]
(h) Eating, drinking, and break areas. The employer shall ensure that food, beverages, and tobacco products are not consumed or stored in any area where employees may be exposed to hazardous or toxic substances. [§1915.88(h)]
(i) Waste disposal. [§1915.88(i)]
(1) The employer shall provide waste receptacles that meet the following requirements: [§1915.88(i)(1)]
(i) Each receptacle is constructed of materials that are corrosion resistant, leak-proof, and easily cleaned or disposable; [§1915.88(i)(1)(i)]
(ii) Each receptacle is equipped with a solid tight-fitting cover, unless it can be kept in clean, sanitary, and serviceable condition without the use of a cover; [§1915.88(i)(1)(ii)]
(iii) Receptacles are provided in numbers, sizes, and locations that encourage their use; and [§1915.88(i)(1)(iii)]
(iv) Each receptacle is emptied as often as necessary to prevent it from overfilling and in a manner that does not create a hazard for employees. Waste receptacles for food shall be emptied at least every day, unless unused. [§1915.88(i)(1)(iv)]
(2) The employer shall not permit employees to work in the immediate vicinity of uncovered garbage that could endanger their safety and health. [§1915.88(i)(2)]
(3) The employer shall ensure that employees working beneath or on the outboard side of a vessel are not contaminated by drainage or waste from overboard discharges. [§1915.88(i)(3)]
(j) Vermin control. [§1915.88(j)]
Note to Table F-2 of §1915.88: When toilets will only be used by men, urinals may be provided instead of toilets, except that the number of toilets in such cases shall not be reduced to less than two-thirds of the minimum specified.
(3) Portable toilets. [§1915.88(d)(3)]
(i) The employer shall provide portable toilets, pursuant to paragraph (d)(2)(i) and Table to paragraph (d)(2) of this section, only when the employer demonstrates that it is not feasible to provide sewered toilets, or when there is a temporary increase in the number of employees for a short duration of time. [§1915.88(d)(3)(i)]
(ii) The employer shall ensure that each portable toilet is vented and equipped, as necessary, with lighting. [§1915.88(d)(3)(ii)]
(4) Exception for normally unattended worksites and mobile work crews. The requirement to provide toilets does not apply to normally unattended worksites and mobile work crews, provided that the employer ensures that employees have immediately available transportation to readily accessible sanitation facilities that are maintained in a clean, sanitary, and serviceable condition and meet the other requirements of this section. [§1915.88(d)(4)]
(e) Handwashing facilities. [§1915.88(e)]
(1) The employer shall provide handwashing facilities at or adjacent to each toilet facility. [§1915.88(e)(1)]
(2) The employer shall ensure that each handwashing facility: [§1915.88(e)(2)]
(i) Is equipped with either hot and cold or lukewarm running water and soap, or with waterless skin-cleansing agents that are capable of disinfecting the skin or neutralizing the contaminants to which the employee may be exposed; and [§1915.88(e)(2)(i)]
(1) To the extent reasonably practicable, the employer shall clean and maintain the workplace in a manner that prevents vermin infestation. [§1915.88(j)(1)]
(2) Where vermin are detected, the employer shall implement and maintain an effective vermin-control program. [§1915.88(j)(2)]
§1915.89
Control of hazardous energy (lockout/tags-plus)
Control of hazardous energy (lockout/tags-plus)
(a) Scope, application, and effective dates [§1915.89(a)]
(1) Scope. This section covers the servicing of machinery, equipment, and systems when the energization or startup of machinery, equipment, or systems, or the release of hazardous energy, could endanger an employee. [§1915.89(a)(1)]
(2) Application. [§1915.89(a)(2)]
(i) This section applies to the servicing of any machinery, equipment, or system that employees use in the course of shipyard employment work and that is conducted: [§1915.89(a)(2)(i)]
[A] In any landside facility that performs shipyard employment work; and [§1915.89(a)(2)(i)[A]]
[B] On any vessel or vessel section. [§1915.89(a)(2)(i)[B]]
(ii) This section applies to such servicing conducted on a vessel by any employee including, but not limited to, the ship's officers and crew unless such application is preempted by the regulations of another federal agency. [§1915.89(a)(2)(ii)]
(3) When other standards in 29 CFR part 1915 and applicable standards in 29 CFR part 1910 require the use of a lock or tag, the employer shall use and supplement them with the procedural and training requirements specified in this section.
[§1915.89(a)(3)]
(4) Exceptions. This section does not apply to: [§1915.89(a)(4)]
(i) Work on cord-and-plug-connected machinery, equipment, or system, provided the employer ensures that the machinery, equipment, or system is unplugged and the plug is under the exclusive control of the employee performing the servicing; [§1915.89(a)(4)(i)]
(ii) Minor servicing activities performed during normal production operations, including minor tool changes and adjustments, that are routine, repetitive, and integral to the use of the machinery, equipment, or system, provided the employer ensures that the work is performed using measures that provide effective protection from energization, startup, or the release of hazardous energy. [§1915.89(a)(4)(ii)]
(b) Lockout/tags-plus program. The employer shall establish and implement a written program and procedures for lockout and tagsplus systems to control hazardous energy during the servicing of any machinery, equipment, or system in shipyard employment.
The program shall cover: [§1915.89(b)]
(1) Procedures for lockout/tags-plus systems while servicing machinery, equipment, or systems in accordance with paragraph (c) of this section; [§1915.89(b)(1)]
(2) Procedures for protecting employees involved in servicing any machinery, equipment, or system in accordance with paragraphs (d) through (m) of this section; [§1915.89(b)(2)]
(3) Specifications for locks and tags-plus hardware in accordance with paragraph (n) of this section; [§1915.89(b)(3)]
(4) Employee information and training in accordance with paragraph (o) of this section; [§1915.89(b)(4)]
(5) Incident investigations in accordance with paragraph (p) of this section; and [§1915.89(b)(5)]
(6) Program audits in accordance with paragraph (q) of this section.
[§1915.89(b)(6)]
(c) General requirements. [§1915.89(c)]
(1) The employer shall ensure that, before any authorized employee performs servicing when energization or startup, or the release of hazardous energy, may occur, all energy sources are identified and isolated, and the machinery, equipment, or system is rendered inoperative. [§1915.89(c)(1)]
(2) If an energy-isolating device is capable of being locked, the employer shall ensure the use of a lock to prevent energization or startup, or the release of hazardous energy, before any servicing is started, unless the employer can demonstrate that the utilization of a tags-plus system will provide full employee protection as set forth in paragraph (c)(6) of this section.
[§1915.89(c)(2)]
(3) If an energy-isolating device is not capable of being locked, the employer shall ensure the use of a tags-plus system to prevent energization or startup, or the release of hazardous energy, before any servicing is started. [§1915.89(c)(3)]
(4) Each tags-plus system shall consist of: [§1915.89(c)(4)]
(i) At least one energy-isolating device with a tag affixed to it; and [§1915.89(c)(4)(i)]
(ii) At least one additional safety measure that, along with the energy-isolating device and tag required in (c)(4)(i) of this section, will provide the equivalent safety available from the use of a lock. [§1915.89(c)(4)(ii)]
Note to paragraph (c)(4) of this section: When the Navy ship's force maintains control of the machinery, equipment, or systems on a vessel and has implemented such additional measures it determines are necessary, the provisions of paragraph (c)(4)(ii) of this section shall not apply, provided that the employer complies with the verification procedures in paragraph (g) of this section.
(5) After October 31, 2011, the employer shall ensure that each energy-isolating device for any machinery, equipment, or system is designed to accept a lock whenever the machinery, equipment, or system is extensively repaired, renovated, modified, or replaced, or whenever new machinery, equipment, or systems are installed. This requirement does not apply when a shipyard employer: [§1915.89(c)(5)]
(i) Does not own the machinery, equipment, or system; or [§1915.89(c)(5)(i)]
(ii) Builds or services a vessel or vessel section according to customer specifications. [§1915.89(c)(5)(ii)]
(6) Full employee protection. [§1915.89(c)(6)]
(i) When a tag is used on an energy-isolating device that is capable of being locked out, the tag shall be attached at the same location that the lock would have been attached, and; [§1915.89(c)(6)(i)]
(ii) The employer shall demonstrate that the use of a tags-plus system will provide a level of safety equivalent to that obtained by using a lock. In demonstrating that an equivalent level of safety is achieved, the employer shall: [§1915.89(c)(6)(ii)]
[A] Demonstrate full compliance with all tags-plus-related provisions of this standard; and [§1915.89(c)(6)(ii)[A]]
[B] Implement such additional safety measures as are necessary to provide the equivalent safety available from the use of a lock. [§1915.89(c)(6)(ii)[B]]
Note to paragraph (c)(6) of this section: When the Navy ship's force maintains control of the machinery, equipment, or systems on a vessel and has implemented such additional measures it determines are necessary, the provisions of paragraph (c)(6)(ii)(B) of this section do not apply, provided that the employer complies with the verification procedures in paragraph (g) of this section.
(7) Lockout/tags-plus coordination. [§1915.89(c)(7)]
(i) The employer shall establish and implement lockout/tagsplus coordination when: [§1915.89(c)(7)(i)]
[A] Employees on vessels and in vessel sections are servicing multiple machinery, equipment, or systems at the same time; or [§1915.89(c)(7)(i)[A]]
[B] Employees on vessels, in vessel sections, and at landside facilities are performing multiple servicing operations on the same machinery, equipment, or system at the same time. [§1915.89(c)(7)(i)[B]]
(ii) The coordination process shall include a lockout/tags-plus coordinator and a lockout/tags-plus log. Each log shall be specific to each vessel, vessel section, and landside work area. [§1915.89(c)(7)(ii)]
(iii) The employer shall designate a lockout/tags-plus coordinator who is responsible for overseeing and approving:
[§1915.89(c)(7)(iii)]
[A] The application of each lockout and tags-plus system; [§1915.89(c)(7)(iii)[A]]
[B] The verification of hazardous-energy isolation before the servicing of any machinery, equipment, or system begins; and [§1915.89(c)(7)(iii)[B]]
[C] The removal of each lockout and tags-plus system.
[§1915.89(c)(7)(iii)[C]]
(iv) The employer shall ensure that the lockout/tags-plus coordinator maintains and administers a continuous log of each lockout and tags-plus system. The log shall contain:
[§1915.89(c)(7)(iv)]
[A] Location of machinery, equipment, or system to be serviced; [§1915.89(c)(7)(iv)[A]]
[B] Type of machinery, equipment, or system to be serviced; [§1915.89(c)(7)(iv)[B]]
[C] Name of the authorized employee applying the lockout/ tags-plus system; [§1915.89(c)(7)(iv)[C]]
[D] Date that the lockout/tags-plus system is applied; [§1915.89(c)(7)(iv)[D]]
[E] Name of authorized employee removing the lock or tagsplus system; and [§1915.89(c)(7)(iv)[E]]
[F] Date that lockout/tags-plus system is removed.
[§1915.89(c)(7)(iv)[F]]
Note to paragraph (c)(7) of this section: When the Navy ship's force serves as the lockout/tags-plus coordinator and maintains control of the lockout/tags-plus log, the employer will be in compliance with the requirements in paragraph (c)(7) of this section when coordination between the ship's force and the employer occurs to ensure that applicable lockout/tags-plus procedures are followed and documented.
(d) Lockout/tags-plus written procedures. [§1915.89(d)]
(1) The employer shall establish and implement written procedures to prevent energization or startup, or the release of hazardous energy, during the servicing of any machinery, equipment, or system. Each procedure shall include: [§1915.89(d)(1)]
(i) A clear and specific outline of the scope and purpose of the lockout/tags-plus procedure; [§1915.89(d)(1)(i)]
(ii) The means the employer will use to enforce compliance with the lockout/tags-plus program and procedures; and [§1915.89(d)(1)(ii)]
(iii) The steps that must be followed for: [§1915.89(d)(1)(iii)]
[A] Preparing for shutting down and isolating of the machinery, equipment, or system to be serviced, in accordance with paragraph (e) of this section; [§1915.89(d)(1)(iii)[A]]
[B] Applying the lockout/tags-plus system, in accordance with paragraph (f) of this section; [§1915.89(d)(1)(iii)[B]]
[C] Verifying isolation, in accordance with paragraph (g) of this section; [§1915.89(d)(1)(iii)[C]]
[D] Testing the machinery, equipment, or system, in accordance with paragraph (h) of this section; [§1915.89(d)(1)(iii)[D]]
[E] Removing lockout/tags-plus systems, in accordance with paragraph (i) of this section; [§1915.89(d)(1)(iii)[E]]
[F] Starting up the machinery, equipment, or system that is being serviced, in accordance with paragraph (j) of this section; [§1915.89(d)(1)(iii)[F]]
[G] Applying lockout/tags-plus systems in group servicing operations, in accordance with paragraph (k) of this section; [§1915.89(d)(1)(iii)[G]]
§1915.89
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
[H] Addressing multi-employer worksites involved in servicing any machinery, equipment, or system, in accordance with paragraph (l) of this section; and [§1915.89(d)(1)(iii)[H]]
[I] Addressing shift or personnel changes during servicing operations, in accordance with paragraph (m) of this section. [§1915.89(d)(1)(iii)[I]]
Note to paragraph (d)(1) of this section: The employer need only develop a single procedure for a group of similar machines, equipment, or systems if the machines, equipment, or systems have the same type and magnitude of energy and the same or similar types of controls, and if a single procedure can satisfactorily address the hazards and the steps to be taken to control these hazards.
(2) The employer's lockout procedures do not have to be in writing for servicing machinery, equipment, or systems, provided that all of the following conditions are met: [§1915.89(d)(2)]
(i) There is no potential for hazardous energy to be released (or to reaccumulate) after shutting down, or restoring energy to, the machinery, equipment, or system; [§1915.89(d)(2)(i)]
(ii) The machinery, equipment, or system has a single energy source that can be readily identified and isolated; [§1915.89(d)(2)(ii)]
(iii) The isolation and lock out of that energy source will result in complete de-energization and deactivation of the machinery, equipment, or system, and there is no potential for reaccumulation of energy; [§1915.89(d)(2)(iii)]
(iv) The energy source is isolated and secured from the machinery, equipment, or system during servicing; [§1915.89(d)(2)(iv)]
(v) Only one lock is necessary for isolating the energy source; [§1915.89(d)(2)(v)]
(vi) The lock is under the exclusive control of the authorized employee performing the servicing; [§1915.89(d)(2)(vi)]
(vii) The servicing does not create a hazard for any other employee; and [§1915.89(d)(2)(vii)]
(viii) The employer, in utilizing this exception, has not had any accidents or incidents involving the activation or reenergization of this type of machinery, equipment, or system during servicing. [§1915.89(d)(2)(viii)]
(e) Procedures for shutdown and isolation. [§1915.89(e)]
(1) Before an authorized employee shuts down any machinery, equipment, or system, the employer shall: [§1915.89(e)(1)]
(i) Ensure that the authorized employee has knowledge of:
[§1915.89(e)(1)(i)]
[A] The source, type, and magnitude of the hazards associated with energization or startup of the machine, equipment, or system; [§1915.89(e)(1)(i)[A]]
[B] The hazards associated with the release of hazardous energy; and [§1915.89(e)(1)(i)[B]]
[C] The means to control these hazards; and [§1915.89(e)(1)(i)[C]]
(ii) Notify each affected employee that the machinery, equipment, or system will be shut down and deenergized prior to servicing, and that a lockout/tags-plus system will be implemented. [§1915.89(e)(1)(ii)]
(2) The employer shall ensure that the machinery, equipment, or system is shut down according to the written procedures the employer established. [§1915.89(e)(2)]
(3) The employer shall use an orderly shutdown to prevent exposing any employee to risks associated with hazardous energy. [§1915.89(e)(3)]
(4) The employer shall ensure that the authorized employee relieves, disconnects, restrains, or otherwise renders safe all potentially hazardous energy that is connected to the machinery, equipment, or system. [§1915.89(e)(4)]
Note to paragraph (e) of this section: When the Navy ship's force shuts down any machinery, equipment, or system, and relieves, disconnects, restrains, or otherwise renders safe all potentially hazardous energy that is connected to the machinery, equipment, or system, the employer will be in compliance with the requirements in paragraph (e) of this section when the employer's authorized employee verifies that the machinery, equipment, or system being serviced has been properly shut down, isolated, and deenergized.
(f) Procedures for applying lockout/tags-plus systems. [§1915.89(f)]
(1) The employer shall ensure that only an authorized employee applies a lockout/tags-plus system. [§1915.89(f)(1)]
(2) When using lockout systems, the employer shall ensure that the authorized employee affixes each lock in a manner that will hold the energy-isolating device in a safe or off position. [§1915.89(f)(2)]
(3) When using tags-plus systems, the employer shall ensure that the authorized employee affixes a tag directly to the energy-isolating device that clearly indicates that the removal of the device from a safe or off position is prohibited. [§1915.89(f)(3)]
(4) When the tag cannot be affixed directly to the energy-isolating device the employer shall ensure that the authorized employee locates it as close as safely possible to the device, in a safe and immediately obvious position. [§1915.89(f)(4)]
(5) The employer shall ensure that each energy-isolating device that controls energy to the machinery, equipment, or system is
effective in isolating the machinery, equipment, or system from all potentially hazardous energy source(s). [§1915.89(f)(5)]
Note to paragraph (f) of this section: When the Navy ship's force applies the lockout/tagsplus systems or devices, the employer will be in compliance with the requirements in paragraph (f) of this section when the employer's authorized employee verifies the application of the lockout/tags-plus systems or devices.
(g) Procedures for verification of deenergization and isolation. [§1915.89(g)]
(1) Before servicing machinery, equipment, or a system that has a lockout/tags-plus system, the employer shall ensure that the authorized employee, or the primary authorized employee in a group lockout/tags-plus application, verifies that the machinery, equipment, or system is deenergized and all energy sources isolated. [§1915.89(g)(1)]
(2) The employer shall ensure that the authorized employee, or the primary authorized employee in a group lockout/tags-plus application, continues verifying deenergization and isolation while servicing the machinery, equipment, or system. [§1915.89(g)(2)]
(3) Each authorized employee in a group lockout/tags-plus application who will be servicing the machinery, equipment, or system must be given the option to verify that the machinery, equipment, or system is deenergized and all energy sources isolated, even when verification is performed by the primary authorized employee. [§1915.89(g)(3)]
(h) Procedures for testing. In each situation in which a lockout/tagsplus system must be removed temporarily and the machinery, equipment, or system restarted to test it or to position a component, the employer shall ensure that the authorized employee does the following in sequence: [§1915.89(h)]
(1) Clears tools and materials from the work area; [§1915.89(h)(1)]
(2) Removes nonessential employees from the work area; [§1915.89(h)(2)]
(3) Removes each lockout/tags-plus system in accordance with paragraph (i) of this section; [§1915.89(h)(3)]
(4) Restarts the machinery, equipment, or system and then proceeds with testing or positioning; and [§1915.89(h)(4)]
(5) After completing testing or positioning, deenergizes and shuts down the machinery, equipment, or system and reapplies all lockout/tags-plus systems in accordance with paragraphs (e)(g) of this section to continue servicing. [§1915.89(h)(5)]
Note to paragraph (h) of this section: When the Navy ship's force serves as the lockout/ tags-plus coordinator, performs the testing, and maintains control of the lockout/tagsplus systems or devices during testing, the employer is in compliance with paragraph (h) when the employer's authorized employee acknowledges to the lockout/tags-plus coordinator that the employer's personnel and tools are clear and the machinery, equipment, or system being serviced is ready for testing, and upon completion of the testing, verifies the reapplication of the lockout/tags-plus systems.
(i) Procedures for removal of lockout and tags-plus systems.
[§1915.89(i)]
(1) Before removing any lockout/tags-plus system and restoring the machinery, equipment, or system to use, the employer shall ensure that the authorized employee does the following: [§1915.89(i)(1)]
(i) Notifies all other authorized and affected employees that the lockout/tags-plus system will be removed; [§1915.89(i)(1)(i)]
(ii) Ensures that all employees in the work area have been safely positioned or removed; and [§1915.89(i)(1)(ii)]
(iii) Inspects the work area to ensure that nonessential items have been removed and machinery, equipment, or system components are operationally intact. [§1915.89(i)(1)(iii)]
(2) The employer shall ensure that each lock or tags-plus system is removed by the authorized employee who applied it.
[§1915.89(i)(2)]
(3) When the authorized employee who applied the lockout/tagsplus system is not available to remove it, the employer may direct removal by another authorized employee, provided the employer developed and incorporated into the lockout/tags-plus program the specific procedures and training that address such removal, and demonstrates that the specific procedures used provide a level of employee safety that is at least as effective in protecting employees as removal of the system by the authorized employee who applied it. After meeting these requirements, the employer shall do the following in sequence: [§1915.89(i)(3)]
(i) Verify that the authorized employee who applied the lockout/ tags-plus system is not in the facility; [§1915.89(i)(3)(i)]
(ii) Make all reasonable efforts to contact the authorized employee to inform him/her that the lockout/tags-plus system has been removed; and [§1915.89(i)(3)(ii)]
(iii) Ensure that the authorized employee who applied the lock or tags-plus system has knowledge of the removal before resuming work on the affected machinery, equipment, or system. [§1915.89(i)(3)(iii)]
Note to paragraph (i) of this section: When the Navy ship's force serves as lockout/tagsplus coordinator and removes the lockout/tags-plus systems or devices, the employer is in compliance with the requirements in paragraph (i) of this section when the employer's authorized employee informs the lockout/tags-plus coordinator that the procedures in paragraph (i)(1) of this section have been performed.
Control of hazardous energy (lockout/tags-plus)
(j) Procedures for startup. [§1915.89(j)]
(1) Before an authorized employee turns on any machinery, equipment, or system after servicing is completed, the employer shall ensure that the authorized employee has knowledge of the source, type, and magnitude of the hazards associated with energization or startup, and the means to control these hazards. [§1915.89(j)(1)]
(2) The employer shall execute an orderly startup to prevent or minimize any additional or increased hazard(s) to employees. The employer shall perform the following tasks before starting up the machinery, equipment, or system: [§1915.89(j)(2)]
(i) Clear tools and materials from the work area; [§1915.89(j)(2)(i)]
(ii) Remove any non-essential employees from the work area; and [§1915.89(j)(2)(ii)]
(iii) Start up the machinery, equipment, or system according to the detailed procedures the employer established for that machinery, equipment, or system. [§1915.89(j)(2)(iii)]
Note to paragraph (j) of this section: When the Navy ship's force serves as lockout/tagsplus coordinator and maintains control of the lockout/tags-plus systems or devices during startup, and the employer is prohibited from starting up the machinery, equipment, or system, the employer is in compliance with the requirements in paragraph (j) of this section when the employer's authorized employee informs the lockout/tags-plus coordinator the procedures in paragraphs (j)(2)(i) and (j)(2)(ii) of this section have been performed.
(k) Procedures for group lockout/tags-plus. When more than one authorized employee services the same machinery, equipment, or system at the same time, the following procedures shall be implemented: [§1915.89(k)]
(1) Primary authorized employee. The employer shall: [§1915.89(k)(1)]
(i) Assign responsibility to one primary authorized employee for each group of authorized employees performing servicing on the same machinery, equipment, or system; [§1915.89(k)(1)(i)]
(ii) Ensure that the primary authorized employee determines the safe exposure status of each authorized employee in the group with regard to the lockout/tags-plus system; [§1915.89(k)(1)(ii)]
(iii) Ensure that the primary authorized employee obtains approval from the lockout/tags-plus coordinator to apply and remove the lockout/tags-plus system; and [§1915.89(k)(1)(iii)]
(iv) Ensure that the primary authorized employee coordinates the servicing operation with the coordinator when required by paragraph (c)(7)(i) of this section. [§1915.89(k)(1)(iv)]
(2) Authorized employees. The employer shall either: [§1915.89(k)(2)]
(i) Have each authorized employee apply a personal lockout/ tags-plus system; or [§1915.89(k)(2)(i)]
(ii) Use a procedure that the employer can demonstrate affords each authorized employee a level of protection equivalent to the protection provided by having each authorized employee apply a personal lockout/tags-plus system. Such procedures shall incorporate a means for each authorized employee to have personal control of, and accountability for, his or her protection such as, but not limited to, having each authorized employee: [§1915.89(k)(2)(ii)]
[A] Sign a group tag (or a group tag equivalent), attach a personal identification device to a group lockout device, or performs a comparable action before servicing is started; and [§1915.89(k)(2)(ii)[A]]
[B] Sign off the group tag (or the group tag equivalent), remove the personal identification device, or perform a comparable action when servicing is finished.
[§1915.89(k)(2)(ii)[B]]
Note to paragraph (k)(2) of this section: When the Navy ship's force maintains control of the machinery, equipment, or systems on a vessel and prohibits the employer from applying or removing the lockout/tags-plus system or starting up the machinery, equipment, or systems being serviced, the employer is in compliance with the requirements in paragraphs (k)(1)(iii) and (k)(2), provided that the employer ensures that the primary authorized employee takes the following steps in the following order: (1) Before servicing begins and after deenergization, (a) verifies the safe exposure status of each authorized employee, and (b) signs a group tag (or a group tag equivalent) or performs a comparable action; and (2) after servicing is complete and before reenergization, (a) verifies the safe exposure status of each authorized employee, and (b) signs off the group tag (or the group tag equivalent) or performs a comparable action.
(l) Procedures for multi-employer worksites. [§1915.89(l)]
(1) The host employer shall establish and implement procedures to protect employees from hazardous energy in multi-employer worksites. The procedures shall specify the responsibilities for host and contract employers. [§1915.89(l)(1)]
(2) Host employer responsibilities. The host employer shall carry out the following responsibilities in multi-employer worksites: [§1915.89(l)(2)]
(i) Inform each contract employer about the content of the host employer's lockout/tags-plus program and procedures; [§1915.89(l)(2)(i)]
(ii) Instruct each contract employer to follow the host employer's lockout/tags-plus program and procedures; and [§1915.89(l)(2)(ii)]
(iii) Ensure that the lockout/tags-plus coordinator knows about all servicing operations and communicates with each contract
employer who performs servicing or works in an area where servicing is being conducted. [§1915.89(l)(2)(iii)]
(3) Contract employer responsibilities. Each contract employer shall perform the following duties when working in a multiemployer worksite: [§1915.89(l)(3)]
(i) Follow the host employer's lockout/tags-plus program and procedures; [§1915.89(l)(3)(i)]
(ii) Ensure that the host employer knows about the lockout/ tags-plus hazards associated with the contract employer's work and what the contract employer is doing to address these hazards; and [§1915.89(l)(3)(ii)]
(iii) Inform the host employer of any previously unidentified lockout/tags-plus hazards that the contract employer identifies at the multi-employer worksite. [§1915.89(l)(3)(iii)]
Note 1 to paragraph (l) of this section: The host employer may include provisions in its contract with the contract employer for the contract employer to have more control over the lockout/tags-plus program if such provisions will provide an equivalent level of protection for the host employer's and contract employer's employees as that provided by paragraph (l) of this section.
Note 2 to paragraph (l) of this section: When the U.S Navy contracts directly with a contract employer and the Navy ship's force maintains control of the lockout/tags-plus systems or devices, that contract employer shall consider the Navy to be the host employer for the purposes of §1915.89(l)(3).
(m) Procedures for shift or personnel changes. [§1915.89(m)]
(1) The employer shall establish and implement specific procedures for shift or personnel changes to ensure the continuity of lockout/tags-plus protection. [§1915.89(m)(1)]
(2) The employer shall establish and implement provisions for the orderly transfer of lockout/tags-plus systems between authorized employees when they are starting and ending their workshifts, or when personnel changes occur during a workshift, to prevent energization or startup of the machinery, equipment, or system being serviced or the release of hazardous energy.
[§1915.89(m)(2)]
(n) Lockout/tags-plus materials and hardware. [§1915.89(n)]
(1) The employer shall provide locks and tags-plus system hardware used for isolating, securing, or blocking machinery, equipment, or systems from all hazardous-energy sources.
[§1915.89(n)(1)]
(2) The employer shall ensure that each lock and tag is uniquely identified for the purpose of controlling hazardous energy and is not used for any other purpose. [§1915.89(n)(2)]
(3) The employer shall ensure that each lock and tag meets the following requirements: [§1915.89(n)(3)]
(i) Durable. [§1915.89(n)(3)(i)]
[A] Each lock and tag is capable of withstanding the existing environmental conditions for the maximum period of time that servicing is expected to last; [§1915.89(n)(3)(i)[A]]
[B] Each tag is made so that weather conditions, wet or damp conditions, corrosive substances, or other conditions in the work area where the tag is used or stored will not cause it to deteriorate or become illegible; [§1915.89(n)(3)(i)[B]]
(ii) Standardized. [§1915.89(n)(3)(ii)]
[A] Each lock and tag is standardized in at least one of the following areas: color, shape, or size; and [§1915.89(n)(3)(ii)[A]]
[B] Each tag is standardized in print and format; [§1915.89(n)(3)(ii)[B]]
(iii) Substantial. [§1915.89(n)(3)(iii)]
[A] Each lock is sturdy enough to prevent removal without the use of extra force or unusual techniques, such as bolt cutters or other metal-cutting tools; [§1915.89(n)(3)(iii)[A]]
[B] Each tag and tag attachment is sturdy enough to prevent inadvertent or accidental removal; [§1915.89(n)(3)(iii)[B]]
[C] Each tag attachment has the general design and basic safety characteristics of a one-piece, all-environmenttolerant nylon tie; [§1915.89(n)(3)(iii)[C]]
[D] Each tag attachment is non-reusable, attachable by hand, self-locking, and non-releasable, and has a minimum unlocking strength of 50 pounds;
[§1915.89(n)(3)(iii)[D]]
(iv) Identifiable. Each lock and tag indicates the identity of the authorized employee applying it; and [§1915.89(n)(3)(iv)]
(v) Each tag warns of hazardous conditions that could arise if the machinery, equipment, or system is energized and includes a legend such as one of the following: “Do Not Start,” “Do Not Open,” “Do Not Close,” “Do Not Energize,” or “Do Not Operate.” [§1915.89(n)(3)(v)]
(o) Information and training — [§1915.89(o)]
(1) Initial training. The employer shall train each employee in the applicable requirements of this section no later than October 31, 2011. [§1915.89(o)(1)]
1915 - Occupational Safety & Health Standards for Shipyard Employment
(2) General training content. The employer shall train each employee who is, or may be, in an area where lockout/tagsplus systems are being used so they know: [§1915.89(o)(2)]
(i) The purpose and function of the employer's lockout/tagsplus program and procedures; [§1915.89(o)(2)(i)]
(ii) The unique identity of the locks and tags to be used in the lockout/tags-plus system, as well as the standardized color, shape or size of these devices; [§1915.89(o)(2)(ii)]
(iii) The basic components of the tags-plus system: an energyisolating device with a tag affixed to it and an additional safety measure; [§1915.89(o)(2)(iii)]
(iv) The prohibition against tampering with or removing any lockout/tags-plus system; and [§1915.89(o)(2)(iv)]
(v) The prohibition against restarting or reenergizing any machinery, equipment, or system being serviced under a lockout/tags-plus system. [§1915.89(o)(2)(v)]
(3) Additional training requirements for affected employees. In addition to training affected employees in the requirements in paragraph (o)(2) of this section, the employer also shall train each affected employee so he/she knows: [§1915.89(o)(3)]
(i) The use of the employer's lockout/tags-plus program and procedures; [§1915.89(o)(3)(i)]
(ii) That affected employees are not to apply or remove any lockout/tags-plus system; and [§1915.89(o)(3)(ii)]
(iii) That affected employees are not to bypass, ignore, or otherwise defeat any lockout/tags-plus system.
[§1915.89(o)(3)(iii)]
(4) Additional training requirements for authorized employees. In addition to training authorized employees in the requirements in paragraphs (o)(2) and (o)(3) of this section, the employer also shall train each authorized employee so he/she knows:
[§1915.89(o)(4)]
(i) The steps necessary for the safe application, use, and removal of lockout/tags-plus systems to prevent energization or startup or the release of hazardous energy during servicing of machinery, equipment, or systems;
[§1915.89(o)(4)(i)]
(ii) The type of energy sources and the magnitude of the energy available at the worksite; [§1915.89(o)(4)(ii)]
(iii) The means and methods necessary for effective isolation and control of hazardous energy; [§1915.89(o)(4)(iii)]
(iv) The means for determining the safe exposure status of other employees in a group when the authorized employee is working as a group's primary authorized employee.
[§1915.89(o)(4)(iv)]
(v) The requirement for tags to be written so they are legible and understandable to all employees; [§1915.89(o)(4)(v)]
(vi) The requirement that tags and their means of attachment be made of materials that will withstand the environmental conditions encountered in the workplace; [§1915.89(o)(4)(vi)]
(vii) The requirement that tags be securely attached to energyisolating devices so they cannot be accidentally removed while servicing machinery, equipment, or systems;
[§1915.89(o)(4)(vii)]
(viii) That tags are warning devices, and alone do not provide physical barriers against energization or startup, or the release of hazardous energy, provided by locks, and energy-isolating devices; and [§1915.89(o)(4)(viii)]
(ix) That tags must be used in conjunction with an energy-isolating device to prevent energization or startup or the release of hazardous energy. [§1915.89(o)(4)(ix)]
(5) Additional training for lockout/tags-plus coordinator. In addition to training lockout/tags-plus coordinators in the requirements in paragraphs (o)(2), (o)(3), and (o)(4) of this section, the employer shall train each lockout/tags-plus coordinator so he/ she knows: [§1915.89(o)(5)]
(i) How to identify and isolate any machinery, equipment, or system that is being serviced; and [§1915.89(o)(5)(i)]
(ii) How to accurately document lockout/tags-plus systems and maintain the lockout/tags-plus log. [§1915.89(o)(5)(ii)]
(6) Employee retraining. [§1915.89(o)(6)]
(i) The employer shall retrain each employee, as applicable, whenever: [§1915.89(o)(6)(i)]
[A] There is a change in his/her job assignment that presents new hazards or requires a greater degree of knowledge about the employer's lockout/tags-plus program or procedures; [§1915.89(o)(6)(i)[A]]
[B] There is a change in machinery, equipment, or systems to be serviced that presents a new energy-control hazard; [§1915.89(o)(6)(i)[B]]
[C] There is a change in the employer's lockout/tags-plus program or procedures; or [§1915.89(o)(6)(i)[C]]
[D] It is necessary to maintain the employee's proficiency. [§1915.89(o)(6)(i)[D]]
(ii) The employer also shall retrain each employee, as applicable, whenever an incident investigation or program audit indicates that there are: [§1915.89(o)(6)(ii)]
[A] Deviations from, or deficiencies in, the employer's lockout/ tags-plus program or procedures; or [§1915.89(o)(6)(ii)[A]]
[B] Inadequacies in an employee's knowledge or use of the lockout/tags-plus program or procedures. [§1915.89(o)(6)(ii)[B]]
(iii) The employer shall ensure that retraining establishes the required employee knowledge and proficiency in the employer's lockout/tags-plus program and procedures and in any new or revised energy-control procedures.
[§1915.89(o)(6)(iii)]
(7) Upon completion of employee training, the employer shall keep a record that the employee accomplished the training, and that this training is current. The training record shall contain at least the employee's name, date of training, and the subject of the training. [§1915.89(o)(7)]
(p) Incident investigation. [§1915.89(p)]
(1) The employer shall investigate each incident that resulted in, or could reasonably have resulted in, energization or startup, or the release of hazardous energy, while servicing machinery, equipment, or systems. [§1915.89(p)(1)]
(2) Promptly but not later than 24 hours following the incident, the employer shall initiate an incident investigation and notify each employee who was, or could reasonably have been, affected by the incident. [§1915.89(p)(2)]
(3) The employer shall ensure that the incident investigation is conducted by at least one employee who has the knowledge of, and experience in, the employer's lockout/tags-plus program and procedures, and in investigating and analyzing incidents involving the release of hazardous energy. The employer may also use additional individuals to participate in investigating the incident.
[§1915.89(p)(3)]
(4) The employer shall ensure that the individual(s) conducting the investigation prepare(s) a written report of the investigation that includes: [§1915.89(p)(4)]
(i) The date and time of the incident; [§1915.89(p)(4)(i)]
(ii) The date and time the incident investigation began; [§1915.89(p)(4)(ii)]
(iii) Location of the incident; [§1915.89(p)(4)(iii)]
(iv) A description of the incident; [§1915.89(p)(4)(iv)]
(v) The factors that contributed to the incident; [§1915.89(p)(4)(v)]
(vi) A copy of any lockout/tags-plus log that was current at the time of the incident; and [§1915.89(p)(4)(vi)]
(vii) Any corrective actions that need to be taken as a result of the incident. [§1915.89(p)(4)(vii)]
(5) The employer shall review the written incident report with each employee whose job tasks are relevant to the incident investigation findings, including contract employees when applicable.
[§1915.89(p)(5)]
(6) The employer shall ensure that the incident investigation and written report are completed, and all corrective actions implemented, within 30 days following the incident. [§1915.89(p)(6)]
(7) If the employer demonstrates that it is infeasible to implement all of the corrective actions within 30 days, the employer shall prepare a written abatement plan that contains an explanation of the circumstances causing the delay, a proposed timetable for the abatement, and a summary of the steps the employer is taking in the interim to protect employees from hazardous energy while servicing machinery, equipment, or systems.
[§1915.89(p)(7)]
(q) Program audits. [§1915.89(q)]
(1) The employer shall conduct an audit of the lockout/tags-plus program and procedures currently in use at least annually to ensure that the procedures and the requirements of this section are being followed and to correct any deficiencies.
[§1915.89(q)(1)]
(2) The employer shall ensure that the audit is performed by:
[§1915.89(q)(2)]
(i) An authorized employee other than the one(s) currently using the energy-control procedure being reviewed; or [§1915.89(q)(2)(i)]
(ii) Individuals other than an authorized employee who are knowledgeable about the employer's lockout/tags-plus program and procedures and the machinery, equipment, or systems being audited. [§1915.89(q)(2)(ii)]
(3) The employer shall ensure that the audit includes: [§1915.89(q)(3)]
(i) A review of the written lockout/tags-plus program and procedures; [§1915.89(q)(3)(i)]
(ii) A review of the current lockout/tags-plus log; [§1915.89(q)(3)(ii)]
(iii) Verification of the accuracy of the lockout/tags-plus log; [§1915.89(q)(3)(iii)]
(iv) A review of incident reports since the last audit; [§1915.89(q)(3)(iv)]
(v) A review conducted between the auditor and authorized employees regarding the authorized employees' responsibilities under the lockout systems being audited; and [§1915.89(q)(3)(v)]
(vi) A review conducted between the auditor and affected and authorized employees regarding their responsibilities under the tags-plus systems being audited. [§1915.89(q)(3)(vi)]
(4) The employer shall ensure that, within 15 days after completion of the audit, the individual(s) who conducted the audit prepare and deliver to the employer a written audit report that includes at least: [§1915.89(q)(4)]
(i) The date of the audit; [§1915.89(q)(4)(i)]
(ii) The identity of the individual(s) who performed the audit; [§1915.89(q)(4)(ii)]
(iii) The identity of the procedure and machinery, equipment, or system that were audited; [§1915.89(q)(4)(iii)]
(iv) The findings of the program audit and recommendations for correcting deviations or deficiencies identified during the audit; [§1915.89(q)(4)(iv)]
(v) Any incident investigation reports since the previous audit; and [§1915.89(q)(4)(v)]
(vi) Descriptions of corrective actions the employer has taken in response to the findings and recommendations of any incident investigation reports prepared since the previous audit. [§1915.89(q)(4)(vi)]
(5) The employer shall promptly communicate the findings and recommendations in the written audit report to each employee having a job task that may be affected by such findings and recommendations. [§1915.89(q)(5)]
(6) The employer shall correct the deviations or inadequacies in the lockout/tags-plus program within 15 days after receiving the written audit report. [§1915.89(q)(6)]
(r) Recordkeeping. [§1915.89(r)]
(1) Table to paragraph (r)(1) of this section specifies what records the employer must retain and how long the employer must retain them: [§1915.89(r)(1)]
Table to Paragraph (r)(1) of This Section — Retention of Records Required by §1915.89
The employer must keep the following records . . . For at least . . .
(i) Current lockout/tags-plus program and procedures Until replaced by updated program and procedures.
(ii) Training records Until replaced by updated records for each type of training.
(iii) Incident investigation reportsUntil the next program audit is completed.
(iv) Program audit report 12 months after being replaced by the next audit report.
(2) The employer shall make all records required by this section available to employees, their representatives, and the Assistant Secretary in accordance with the procedures and time periods specified in 29 CFR 1910.1020(e)(1) and (e)(3).
[§1915.89(r)(2)]
(s) Appendices. Non-mandatory Appendix A to this section is a guideline to assist employers and employees in complying with the requirements of this section, and to provide them with other useful information. The information in Appendix A does not add to, or in any way revise, the requirements of this section.
§1915.89 Appendix A
Typical Minimal Lockout/Tags-Plus Procedures
General
Lockout/Tags-Plus Procedure
Lockout/Tags-Plus Procedure for
[Name of company for single procedure or identification of machinery, equipment, or system if multiple procedures used.]
Purpose
This procedure establishes the minimum requirements for the lockout/ tags-plus application of energy-isolating devices on vessels and vessel sections, and for landside facilities whenever servicing is done on machinery, equipment, or systems in shipyards. This procedure shall be used to ensure that all potentially hazardous-energy sources have been isolated and the machinery, equipment, or system to be serviced
has been rendered inoperative through the use of lockout or tags-plus procedures before employees perform any servicing when the energization or start-up of the machinery, equipment, or system, or the release of hazardous energy could cause injury.
Compliance With This Program
All employees are required to comply with the restrictions and limitations imposed on them during the use of lockout or tags-plus applications. Authorized employees are required to perform each lockout or tags-plus application in accordance with this procedure. No employee, upon observing that machinery, equipment, or systems are secured using lockout or tags-plus applications, shall attempt to start, open, close, energize, or operate that machinery, equipment, or system.
Type of compliance enforcement to be taken for violation of the above.
Procedures for Lockout/Tags-Plus Systems
(1) Notify each affected employee that servicing is required on the machinery, equipment, or system, and that it must be isolated and rendered inoperative using a lockout or tags-plus system.
Method of notifying all affected employees.
(2) The authorized employee shall refer to shipyard employer's procedures to identify the type and magnitude of the energy source(s) that the machinery, equipment, or system uses, shall understand the hazards of the energy, and shall know the methods to control the energy source(s).
Type(s) and magnitude(s) of energy, its hazards and the methods to control the energy
(3) If the machinery, equipment, or system is operating, shut it down in accordance with the written procedures (depress the stop button, open switch, close valve, etc.) established by the employer.
Type(s) and location(s) of machinery, equipment, or system operating controls.
(4) Secure each energy-isolating device(s) through the use of a lockout or tags-plus system (for instance, disconnecting, blanking, and affixing tags) so that the energy source is isolated and the machinery, equipment, or system is rendered inoperative.
Type(s) and location(s) of energy-isolating devices.
(5) Lockout System. Affix a lock to each energy-isolating device(s) with assigned individual lock(s) that will hold the energy-isolating device(s) in a safe or off position. Potentially hazardous energy (such as that found in capacitors, springs, elevated machine members, rotating flywheels, hydraulic systems, and air, gas, steam, or water pressure, etc.) must be controlled by methods such as grounding, repositioning, blocking, bleeding down, etc.
(6) Tags-Plus System. Affix a tag to each energy-isolating device and provide at least one additional safety measure that clearly indicates that removal of the device from the safe or off position is prohibited. Potentially hazardous energy (such as that found in capacitors, springs, elevated machine members, rotating flywheels, hydraulic systems and air, gas, steam, or water pressure, etc.) must be controlled by methods such as grounding, repositioning, blocking, bleeding down, etc.
Type(s) of hazardous energy — methods used to control them.
(7) Ensure that the machinery, equipment, or system is relieved, disconnected, restrained, or rendered safe from the release of all potentially hazardous energy by checking that no personnel are exposed, and then verifying the isolation of energy to the machine, equipment, or system by operating the push button or other normal operating control(s), or by testing to make certain it will not operate.
CAUTION: Return operating control(s) to the safe or off position after verifying the isolation of the machinery, equipment, or system.
Method of verifying the isolation of the machinery, equipment, or system.
(8) The machinery, equipment, or system is now secured by a lockout or tags-plus system, and servicing by the authorized person may be performed.
Procedures for Removal of Lockout/Tags- Plus Systems
When servicing is complete and the machinery, equipment, or system is ready to return to normal operating condition, the following steps shall be taken:
(1) Notify each authorized and affected employee(s) that the lockout/tags-plus system will be removed and the machinery, equipment, or system reenergized.
(2) Inspect the work area to ensure that all employees have been safely positioned or removed.
(3) Inspect the machinery, equipment, or system and the immediate area around the machinery, equipment, or system to ensure that nonessential items have been removed and that the machinery, equipment or system components are operationally intact.
§1915.90
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(4) Reconnect the necessary components, remove the lockout/ tags-plus material and hardware, and reenergize the machinery, equipment, or system through the established detailed procedures determined by the employer.
(5) Notify all affected employees that servicing is complete and the machinery, equipment, or system is ready for testing or use.
§1915.90
Safety color code for marking physical hazards
The requirements applicable to shipyard employment under this section are identical to the requirements set forth at 29 CFR 1910.144 of this chapter.
§1915.91
Accident prevention signs and tags
The requirements applicable to shipyard employment under this section are identical to the requirements set forth at 29 CFR 1910.145 of this chapter.
§1915.92
Retention of DOT markings, placards, and labels
(a) Any employer who receives a package of hazardous material that is required to be marked, labeled, or placarded in accordance with the U.S. Department of Transportation 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. [§1915.92(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 U.S. Department of Transportation 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 are sufficiently removed to prevent any potential hazards. [§1915.92(b)]
(c) The employer shall maintain markings, placards, and labels in a manner that ensures that they are readily visible. [§1915.92(c)]
(d) For non-bulk packages that will not be reshipped, the requirements of this section are met if a label or other acceptable marking is affixed in accordance with 29 CFR 1910.1200, Hazard Communication. [§1915.92(d)]
(e) For the purposes of this section, the term “hazardous material” and any other terms not defined in this section have the same definition as specified in the U.S. Department of Transportation Hazardous Materials Regulations. [§1915.92(e)]
§1915.93
Motor vehicle safety equipment, operation and maintenance
(a) Application. [§1915.93(a)]
(1) This section applies to any motor vehicle used to transport employees, materials, or property at worksites engaged in shipyard employment. This section does not apply to motor vehicle operation on public streets and highways. [§1915.93(a)(1)]
(2) The requirements of this section apply to employer-provided motor vehicles. The requirements of paragraphs (b)(2), (b)(4), and (c)(2) of this section also apply to employee-provided motor vehicles. [§1915.93(a)(2)]
(3) Only the requirements of paragraphs (b)(1) through (b)(3) apply to powered industrial trucks, as defined in §1910.178. The maintenance, inspection, operation, and training requirements in 29 CFR 1910.178 continue to apply to powered industrial trucks used for shipyard employment. [§1915.93(a)(3)]
(b) Motor vehicle safety equipment. [§1915.93(b)]
(1) The employer shall ensure that each motor vehicle acquired or initially used after August 1, 2011 is equipped with a safety belt for each employee operating or riding in the motor vehicle. This requirement does not apply to any motor vehicle that was not equipped with safety belts at the time of manufacture.
[§1915.93(b)(1)]
(2) The employer shall ensure that each employee uses a safety belt, securely and tightly fastened, at all times while operating or riding in a motor vehicle. [§1915.93(b)(2)]
(3) The employer shall ensure that vehicle safety equipment is not removed from any employer-provided vehicle. The employer shall replace safety equipment that is removed. [§1915.93(b)(3)]
(4) The employer shall ensure that each motor vehicle used to transport an employee has firmly secured seats for each employee being transported and that all employees being transported are using such seats. [§1915.93(b)(4)]
(c) Motor vehicle maintenance and operation. [§1915.93(c)]
(1) The employer shall ensure that each motor vehicle is maintained in a serviceable and safe operating condition, and removed from service if it is not in such condition.
[§1915.93(c)(1)]
(2) The employer shall ensure that, before a motor vehicle is operated, any tools and materials being transported are secured if their movements may create a hazard for employees.
[§1915.93(c)(2)]
(3) The employer shall implement measures to ensure that motor vehicle operators are able to see, and avoid harming, pedestrians and bicyclists at shipyards. Measures that employers may implement to comply with this requirement include:
[§1915.93(c)(3)]
(i) Establishing dedicated travel lanes for motor vehicles, bicyclists, and pedestrians; [§1915.93(c)(3)(i)]
(ii) Installing crosswalks and traffic control devices such as stop signs, mirrors at blind spots, or physical barriers to separate travel lanes; [§1915.93(c)(3)(ii)]
(iii) Establishing appropriate speed limits for all motor vehicles; [§1915.93(c)(3)(iii)]
(iv) Establishing “no drive” times to allow for safe movement of pedestrians; [§1915.93(c)(3)(iv)]
(v) Providing reflective vests or other gear so pedestrians and bicyclists are clearly visible to motor vehicle operators; [§1915.93(c)(3)(v)]
(vi) Ensuring that bicycles have reflectors, lights, or other equipment to maximize visibility of the bicyclist; or [§1915.93(c)(3)(vi)]
(vii) Other measures that the employer can demonstrate are as effective in protecting pedestrians and bicyclists as those measures specified in paragraphs (c)(3)(i) through (c)(3)(vi) of this section. [§1915.93(c)(3)(vii)]
§1915.94
Servicing multi-piece and single-piece rim wheels
The requirements applicable to shipyard employment under this section are identical to the requirements set forth at 29 CFR 1910.177 of this chapter.
Subpart G – Gear and Equipment for Rigging and Materials Handling
§1915.111
Inspection
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) All gear and equipment provided by the employer for rigging and materials handling shall be inspected before each shift and when necessary, at intervals during its use to ensure that it is safe. Defective gear shall be removed and repaired or replaced before further use. [§1915.111(a)]
(b) The safe working load of gear as specified in §§1915.112 and 1915.113 shall not be exceeded. [§1915.111(b)]
§1915.112
Ropes, chains and slings
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Manila rope and manila-rope slings. Employers must ensure that manila rope and manila-rope slings: [§1915.112(a)]
(1) Have permanently affixed and legible identification markings as prescribed by the manufacturer 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; [§1915.112(a)(1)]
(2) Not be loaded in excess of its recommended safe working load as prescribed on the identification markings by the manufacturer; and [§1915.112(a)(2)]
(3) Not be used without affixed and legible identification markings as required by paragraph (a)(1) of this section. [§1915.112(a)(3)]
(b) Wire rope and wire-rope slings. [§1915.112(b)]
(1) Employers must ensure that wire rope and wire-rope slings: [§1915.112(b)(1)]
(i) Have permanently affixed and legible identification markings as prescribed by the manufacturer 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; [§1915.112(b)(1)(i)]
(ii) Not be loaded in excess of its recommended safe working load as prescribed on the identification markings by the manufacturer; and [§1915.112(b)(1)(ii)]
(iii) Not be used without affixed and legible identification markings as required by paragraph (b)(1)(i) of this section.
[§1915.112(b)(1)(iii)]
(2) Protruding ends of strands in splices on slings and bridles shall be covered or blunted. [§1915.112(b)(2)]
(3) When U-bolt wire rope clips are used to form eyes, employers must use Table G-1 in §1915.118 to determine the number and spacing of clips. Employers must apply the U-bolt so that the “U” section is in contact with the dead end of the rope.
[§1915.112(b)(3)]
(4) Wire rope shall not be secured by knots. [§1915.112(b)(4)]
(c) Chain and chain slings. [§1915.112(c)]
(1) Employers must ensure that chain and chain slings: [§1915.112(c)(1)]
(i) Have permanently affixed and legible identification markings as prescribed by the manufacturer 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; [§1915.112(c)(1)(i)]
(ii) Not be loaded in excess of its recommended safe working load as prescribed on the identification markings by the manufacturer; and [§1915.112(c)(1)(ii)]
(iii) Not be used without affixed and legible identification markings as required by paragraph (c)(1)(i) of this section.
[§1915.112(c)(1)(iii)]
(2) All sling chains, including end fastenings, shall be given a visual inspection before being used on the job. A thorough inspection of all chains in use shall be made every 3 months. Each chain shall bear an indication of the month in which it was thoroughly inspected. The thorough inspection shall include inspection for wear, defective welds, deformation and increase in length or stretch. [§1915.112(c)(2)]
(3) Employers must note interlink wear, not accompanied by stretch in excess of 5 percent, and remove the chain from service when maximum allowable wear at any point of link, as indicated in Table G-2 in §1915.118, has been reached.
[§1915.112(c)(3)]
(4) Chain slings shall be removed from service when, due to stretch, the increase in length of a measured section exceeds five (5) percent; when a link is bent, twisted or otherwise damaged; or when raised scarfs or defective welds appear.
[§1915.112(c)(4)]
(5) All repairs to chains shall be made under qualified supervision. Links or portions of the chain found to be defective as described in paragraph (c)(4) of this section shall be replaced by links having proper dimensions and made of material similar to that of the chain. Before repaired chains are returned to service, they shall be proof tested to the proof test load recommended by the manufacturer. [§1915.112(c)(5)]
(6) Wrought iron chains in constant use shall be annealed or normalized at intervals not exceeding six months when recommended by the manufacturer. The chain manufacturer shall be consulted for recommended procedures for annealing or normalizing. Alloy chains shall never be annealed. [§1915.112(c)(6)]
(7) A load shall not be lifted with a chain having a kink or knot in it. A chain shall not be shortened by bolting, wiring or knotting.
[§1915.112(c)(7)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002; 76 FR 33609, June 8, 2011]
§1915.113
Shackles and hooks
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Shackles. Employers must ensure that shackles: [§1915.113(a)]
(1) Have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load; [§1915.113(a)(1)]
(2) Not be loaded in excess of its recommended safe working load as prescribed on the identification markings by the manufacturer; and [§1915.113(a)(2)]
(3) Not be used without affixed and legible identification markings as required by paragraph (a)(1)(i) of this section. [§1915.113(a)(3)]
(b) Hooks. [§1915.113(b)]
(1) The manufacturer's recommendations shall be followed in determining the safe working loads of the various sizes and types of specific and identifiable hooks. All hooks for which no applicable manufacturer's recommendations are available shall be tested to twice the intended safe working load before they are initially put into
use. The employer shall maintain and keep readily available a certification record which includes the date of such tests, the signature of the person who performed the test and an identifier for the hook which was tested. [§1915.113(b)(1)]
(2) Loads shall be applied to the throat of the hook since loading the point overstresses and bends or springs the hook. [§1915.113(b)(2)]
(3) Hooks shall be inspected periodically to see that they have not been bent by overloading. Bent or sprung hooks shall not be used. [§1915.113(b)(3)]
[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986; 76 FR 33609, June 8, 2011]
§1915.114
Chain falls and pull-lifts
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Chain falls and pull-lifts shall be clearly marked to show the capacity and the capacity shall not be exceeded. [§1915.114(a)]
(b) Chain falls shall be regularly inspected to ensure that they are safe, particular attention being given to the lift chain, pinion, sheaves and hooks for distortion and wear. Pull-lifts shall be regularly inspected to ensure that they are safe, particular attention being given to the ratchet, pawl, chain and hooks for distortion and wear. [§1915.114(b)]
(c) Straps, shackles, and the beam or overhead structure to which a chain fall or pull-lift is secured shall be of adequate strength to support the weight of load plus gear. The upper hook shall be moused or otherwise secured against coming free of its support. [§1915.114(c)]
(d) Scaffolding shall not be used as a point of attachment for lifting devices such as tackles, chain falls, and pull-lifts unless the scaffolding is specifically designed for that purpose. [§1915.114(d)]
§1915.115
Hoisting and hauling equipment
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Derrick and crane certification. [§1915.115(a)]
(1) Derricks and cranes which are part of, or regularly placed aboard barges, other vessels, or on wingwalls of floating drydocks, and are used to transfer materials or equipment from or to a vessel or drydock, shall be tested and certificated in accordance with the standards provided in part 1919 of this title by persons accredited for the purpose. [§1915.115(a)(1)]
(b) The moving parts of hoisting and hauling equipment shall be guarded. [§1915.115(b)]
(c) Mobile crawler or truck cranes used on a vessel. [§1915.115(c)]
(1) The maximum manufacturer's rated safe working loads for the various working radii of the boom and the maximum and minimum radii at which the boom may be safely used with and without outriggers shall be conspicuously posted near the controls and shall be visible to the operator. A radius indicator shall be provided. [§1915.115(c)(1)]
(2) The posted safe working loads of mobile crawler or truck cranes under the conditions of use shall not be exceeded. [§1915.115(c)(2)]
(d) Accessible areas within the swing radius of the outermost part of the body of a revolving derrick or crane, whether permanently or temporarily mounted, shall be guarded in such a manner as to prevent an employee from being in such a position as to be struck by the crane or caught between the crane and fixed parts of the vessel or of the crane itself. [§1915.115(d)]
(e) Marine railways. [§1915.115(e)]
(1) The cradle or carriage on the marine railway shall be positively blocked or secured when in the hauled position to prevent it from being accidentally released. [§1915.115(e)(1)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
§1915.116
Use of gear
Use of gear
(a) The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking except that paragraphs (c) and (d) of this section shall apply to ship repairing and shipbuilding only. [§1915.116(a)]
(b) Loads shall be safely rigged before being hoisted. [§1915.116(b)]
(c) Plates shall be handled on and off hulls by means of shackles whenever possible. Clips or pads of ample size shall be welded to the plate to receive the shackle pins when there are no holes in the plate. When it is not possible to make holes in or to weld pads to the plate, alligator tongs, grab clamps or screw clamps may be used. In such cases special precautions shall be taken to keep employees from under such lifts. [§1915.116(c)]
(d) Tag lines shall be provided on loads likely to swing or to need guidance. [§1915.116(d)]
§1915.117 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(e) When slings are secured to eye-bolts, the slings shall be so arranged, using spreaders if necessary, that the pull is within 20 degrees of the axis of the bolt. [§1915.116(e)]
(f) Slings shall be padded by means of wood blocks or other suitable material where they pass over sharpe edges or corners of loads so as to prevent cutting or kinking. [§1915.116(f)]
(g) Skips shall be rigged to be handled by not less than 3 legged bridles, and all legs shall always be used. When open end skips are used, means shall be taken to prevent the contents from falling. [§1915.116(g)]
(h) Loose ends of idle legs of slings in use shall be hung on the hook. [§1915.116(h)]
(i) Employees shall not be permitted to ride the hook or the load. [§1915.116(i)]
(j) Loads (tools, equipment or other materials) shall not be swung or suspended over the heads of employees. [§1915.116(j)]
(k) Pieces of equipment or structure susceptible to falling or dislodgement shall be secured or removed as early as possible. [§1915.116(k)]
(l) An individual who is familiar with the signal code in use shall be assigned to act as a signalman when the hoist operator cannot see the load being handled. Communications shall be made by means of clear and distinct visual or auditory signals except that verbal signals shall not be permitted. [§1915.116(l)]
(m) Pallets, when used, shall be of such material and contruction and so maintained as to safely support and carry the loads being handled on them. [§1915.116(m)]
(n) A section of hatch through which materials or equipment are being raised, lowered, moved, or otherwise shifted manually or by a crane, winch, hoist, or derrick, shall be completely opened. The beam or pontoon left in place adjacent to an opening shall be sufficiently lashed, locked or otherwise secured to prevent it from moving so that it cannot be displaced by accident. [§1915.116(n)]
(o) Hatches shall not be open or closed while employees are in the square of the hatch below. [§1915.116(o)]
(p) Before loads or empty lifting gear are raised, lowered, or swung, clear and sufficient advance warning shall be given to employees in the vincinity of such operations. [§1915.116(p)]
(q) At no time shall an employee be permitted to place himself in a hazardous position between a swinging load and a fixed object.
[§1915.116(q)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
§1915.117
Qualifications of operators
Paragraphs (a) and (d) of this section shall apply to ship repairing and shipbuilding only. Paragraphs (b) and (c) of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) When ship's gear is used to hoist materials aboard, a competent person shall determine that the gear is properly rigged, that it is in safe condition, and that it will not be overloaded by the size and weight of the lift. [§1915.117(a)]
(b) Only those employees who understand the signs, notices, and operating instructions, and are familiar with the signal code in use, shall be permitted to operate a crane, winch, or other power operated hoisting apparatus. [§1915.117(b)]
(c) No employee known to have defective uncorrected eyesight or hearing, or to be suffering from heart disease, epilepsy, or similar ailments which may suddenly incapacitate him, shall be permitted to operate a crane, winch or other power operated hoisting apparatus.
[§1915.117(c)]
(d) No minor under eighteen (18) years of age shall be employed in occupations involving the operation of any power-driven hoisting apparatus or assisting in such operations by work such as hooking on, loading slings, rigging gear, etc.
[§1915.117(d)]
§1915.118 Tables
The provisions of this section apply to ship repairing, shipbuilding and shipbreaking.
Table E-1 — Dimensions and Spacing of Wood Independent-Pole Scaffold Members
Table E-2 — Specifications for Side Rails of Ladders
Table E-4 — Safe Center Loads for Scaffold Plank of 1,100 Pounds Fibre Stress
Table E-3 — Specifications for the Construction of Horses
Table E-4 — Safe Center Loads for Scaffold Plank of 1,100 Pounds Fibre Stress (continued)
Table G-1 — and Spacing of U-Bolt Wire Rope Clips
[47
Powered industrial truck operator training
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.178(l) of this chapter.
[63 FR 66274, Dec. 1, 1998]
Subpart H – Tools and Related Equipment
§1915.131
General precautions
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Hand lines, slings, tackles of adequate strength, or carriers such as tool bags with shoulder straps shall be provided and used to handle tools, materials, and equipment so that employees will have their hands free when using ship's ladders and access ladders. The use of hose or electric cords for this purpose is prohibited. [§1915.131(a)]
(b) When air tools of the reciprocating type are not in use, the dies and tools shall be removed. [§1915.131(b)]
(c) All portable, power-driven circular saws shall be equipped with guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to the covering position. [§1915.131(c)]
(d) The moving parts of machinery on a dry dock shall be guarded.
[§1915.131(d)]
(e) Before use, pneumatic tools shall be secured to the extension hose or whip by some positive means to prevent the tool from becoming accidentally disconnected from the whip. [§1915.131(e)]
(f) The moving parts of drive mechanisms, such as gearing and belting on large portable tools, shall be adequately guarded.
[§1915.131(f)]
(g) Headers, manifolds and widely spaced hose connections on compressed air lines shall bear the word “air” in letters at least 1inch high, which shall be painted either on the manifolds or separate hose connections, or on signs permanently attached to the manifolds or connections. Grouped air connections may be marked in one location. [§1915.131(g)]
(h) Before use, compressed air hose shall be examined. Visibly damaged and unsafe hose shall not be used. [§1915.131(h)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
§1915.132
Portable electric tools
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking except that paragraph (e) of this section applies to ship repairing only.
(a) The frames of portable electric tools and appliances, except double insulated tools approved by Underwriters' Laboratories, shall be grounded either through a third wire in the cable containing the circuit conductors or through a separate wire which is grounded at the source of the current. [§1915.132(a)]
(b) Grounding circuits, other than by means of the structure of the vessel on which the tool is being used, shall be checked to ensure that the circuit between the ground and the grounded power conductor has resistance which is low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current. [§1915.132(b)]
(c) Portable electric tools which are held in the hand shall be equipped with switches of a type which must be manually held in the closed position. [§1915.132(c)]
(d) Worn or frayed electric cables shall not be used. [§1915.132(d)]
(e) The employer shall notify the officer in charge of the vessel before using electric power tools operated with the vessel's current.
[§1915.132(e)]
(A) — Rough lumber.
— Dressed lumber 1Three
§1915.133
1915 - Occupational Safety & Health Standards for Shipyard Employment
§1915.133
Hand tools
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Employers shall not issue or permit the use of unsafe hand tools. [§1915.133(a)]
(b) Wrenches, including crescent, pipe, end and socket wrenches, shall not be used when jaws are sprung to the point that slippage occurs. [§1915.133(b)]
(c) Impact tools, such as drift pins, wedges, and chisels, shall be kept free of mushroomed heads. [§1915.133(c)]
(d) The wooden handles of tools shall be kept free of splinters or cracks and shall be kept tight in the tool. [§1915.133(d)]
§1915.134
Abrasive wheels
This section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) Floor stand and bench mounted abrasive wheels used for external grinding shall be provided with safety guards (protection hoods). The maximum angular exposure of the grinding wheel periphery and sides shall be not more than 90 degrees, except that when work requires contact with the wheel below the horizontal plane of the spindle, the angular exposure shall not exceed 125 degrees. In either case the exposure shall begin not more than 65 degrees above the horizontal plane of the spindle. Safety guards shall be strong enough to withstand the effect of a bursting wheel. [§1915.134(a)]
(b) Floor and bench mounted grinders shall be provided with work rests which are rigidly supported and readily adjustable. Such work rests shall be kept a distance not to exceed 1⁄8 inch from the surface of the wheel. [§1915.134(b)]
(c) Cup type wheels used for external grinding shall be protected by either a revolving cup guard or a band type guard in accordance with the provisions of the United States of America Standard Safety Code for the Use, Care, and Protection of Abrasive Wheels, B7.1-1964. All other portable abrasive wheels used for external grinding shall be provided with safety guards (protection hoods) meeting the requirements of paragraph (e) of this section, except as follows: [§1915.134(c)]
(1) When the work location makes it impossible, in which case a wheel equipped with safety flanges as described in paragraph (f) of this section shall be used. [§1915.134(c)(1)]
(2) When wheels 2 inches or less in diameter which are securely mounted on the end of a steel mandrel are used. [§1915.134(c)(2)]
(d) Portable abrasive wheels used for internal grinding shall be provided with safety flanges (protection flanges) meeting the requirements of paragraph (f) of this section, except as follows: [§1915.134(d)]
(1) When wheels 2 inches or less in diameter which are securely mounted on the end of a steel mandrel are used. [§1915.134(d)(1)]
(2) If the wheel is entirely within the work being ground while in use. [§1915.134(d)(2)]
(e) When safety guards are required, they shall be so mounted as to maintain proper alignment with the wheel, and the guard and its fastenings shall be of sufficient strength to retain fragments of the wheel in case of accidental breakage. The maximum angular exposure of the grinding wheel periphery and sides shall not exceed 180 degrees. [§1915.134(e)]
(f) When safety flanges are required, they shall be used only with wheels designed to fit the flanges. Only safety flanges of a type and design and properly assembled so as to insure that the pieces of the wheel will be retained in case of accidental breakage shall be used. [§1915.134(f)]
(g) All abrasive wheels shall be closely inspected and ring tested before mounting to ensure that they are free from cracks or defects. [§1915.134(g)]
(h) Grinding wheels shall fit freely on the spindle and shall not be forced on. The spindle nut shall be tightened only enough to hold the wheel in place. [§1915.134(h)]
(i) The power supply shall be sufficient to maintain the rated spindle speed under all conditions of normal grinding. The rated maximum speed of the wheel shall not be exceeded. [§1915.134(i)]
(j) All employees using abrasive wheels shall be protected by eye protection equipment in accordance with the requirements of subpart I of this part except when adequate eye protection is afforded by eye shields which are permanently attached to the bench or floor stand. [§1915.134(j)]
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67 FR 44543, July 3, 2002]
§1915.135
Powder actuated fastening tools
(a) The section shall apply to ship repairing and shipbuilding only. [§1915.135(a)]
(b) General precautions. [§1915.135(b)]
(1) Powder actuated fastening tools shall be tested each day before loading to ensure that the safety devices are in proper working condition. Any tool found not to be in proper working order shall be immediately removed from service until repairs are made. [§1915.135(b)(1)]
(2) Powder actuated fastening tools shall not be used in an explosive or flammable atmosphere. [§1915.135(b)(2)]
(3) All tools shall be used with the type of shield or muzzle guard appropriate for a particular use. [§1915.135(b)(3)]
(4) Fasteners shall not be driven into very hard or brittle materials such as cast iron, glazed tile, surface hardened steel, glass block, live rock, face brick or hollow title. [§1915.135(b)(4)]
(5) Fasteners shall not be driven into soft materials unless such materials are backed by a substance that will prevent the pin or fastener from passing completely through and creating a flying missile hazard on the opposite side. [§1915.135(b)(5)]
(6) Unless a special guard, fixture or jig is used, fasteners shall not be driven directly into materials such as brick or concrete within 3 inches of the unsupported edge or corner, or into steel surfaces within 1⁄2 inch of the unsupported edge or corner. When fastening other material, such as 2 × 4 inch lumber to a concrete surface, fasteners of greater than 7⁄32 inch shank diameter shall not be used and fasteners shall not be driven within 2 inches of the unsupported edge or corner of the work surface. [§1915.135(b)(6)]
(7) Fasteners shall not be driven through existing holes unless a positive guide is used to secure accurate alignment. [§1915.135(b)(7)]
(8) No attempt shall be made to drive a fastener into a spalled area caused by an unsatisfactory fastening. [§1915.135(b)(8)]
(9) Employees using powder actuated fastening tools shall be protected by personal protective equipment in accordance with the requirements of subpart I of this part. [§1915.135(b)(9)]
(c) Instruction of operators. Before employees are permitted to use powder actuated tools, they shall have been thoroughly instructed by a competent person with respect to the requirements of paragraph (b) of this section and the safe use of such tools as follows: [§1915.135(c)]
(1) Before using a tool, the operator shall inspect it to determine that it is clean, that all moving parts operate freely and that the barrel is free from obstructions. [§1915.135(c)(1)]
(2) When a tool develops a defect during use, the operator shall immediately cease to use it and shall notify his supervisor. [§1915.135(c)(2)]
(3) Tools shall not be loaded until just prior to the intended firing time and the tool shall not be left unattended while loaded. [§1915.135(c)(3)]
(4) The tool, whether loaded or empty, shall not be pointed at any person, and hands shall be kept clear of the open barrel end.
[§1915.135(c)(4)]
(5) In case of a misfire, the operator shall hold the tool in the operating position for at least 15 seconds and shall continue to hold the muzzle against the work surface during disassembly or opening of the tool and removal of the powder load. [§1915.135(c)(5)]
(6) Neither tools nor powder charges shall be left unattended in places where they would be available to unauthorized persons.
[§1915.135(c)(6)]
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]
§1915.136
Internal combustion engines, other than ship's equipment
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a) When internal combustion engines furnished by the employer are used in a fixed position below decks, for such purposes as driving pumps, generators, and blowers, the exhaust shall be led to the open air, clear of any ventilation intakes and openings through which it might enter the vessel. [§1915.136(a)]
(b) All exhaust line joints and connections shall be checked for tightness immediately upon starting the engine, and any leaks shall be corrected at once. [§1915.136(b)]
(c) When internal combustion engines on vehicles, such as forklifts and mobile cranes, or on portable equipment such as fans, generators, and pumps exhaust into the atmosphere below decks, the competent person shall make tests of the carbon monoxide content of the atmosphere as frequently as conditions require to ensure that dangerous concentrations do not develop. Employees shall be removed from the compartment involved when the carbon monoxide concentration exceeds 50 parts per million (0.005%).
The employer shall use blowers sufficient in size and number and so arranged as to maintain the concentration below this allowable limit before work is resumed. [§1915.136(c)]
Subpart I – Personal Protective Equipment (PPE)
Source: 61 FR 26352, May 24, 1996, unless otherwise noted.
§1915.151
Scope, application and definitions
(a) Scope and application. This subpart applies to all work in shipyard employment regardless of geographic location. [§1915.151(a)]
(b) Definitions applicable to this subpart. [§1915.151(b)]
Anchorage means a secure point of attachment for lifelines, lanyards, or deceleration devices.
Body belt means a strap with means for both securing it about the waist and attaching it to a lanyard, lifeline, or deceleration device.
Body harness means straps which may be secured about the employee in a manner that will distribute the fall arrest forces over at least the thighs, shoulders, chest and pelvis with means for attaching it to other components of a personal fall arrest system.
Connector means a device which is used to couple (connect) parts of a personal fall arrest system or parts of a positioning device system together. It may be an independent component of the system, such as a carabiner, or it may be an integral component of part of the system (such as a buckle or D-ring sewn into a body belt or body harness or a snaphook spliced or sewn to a lanyard or self-retracting lanyard).
Deceleration device means any mechanism, such as a rope grab, ripstitch lanyard, specially woven lanyard, tearing or deforming lanyard, or automatic self-retracting lifeline/lanyard, which serves to dissipate a substantial amount of energy during a fall arrest, or otherwise limit the energy imposed on an employee during fall arrest.
Deceleration distance means the additional vertical distance a falling employee travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured as the distance between the location of an employee's body belt or 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.
Equivalent means alternative designs, materials, or methods to protect against a hazard which the employer can demonstrate will provide an equal or greater degree of safety for employees than the method or item specified in the standard.
Free fall means the act of falling before a 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, and lifeline/lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline/lanyard extension before the device operates and fall arrest forces occur.
Lanyard means a flexible line of rope, wire rope, or strap which 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 consisting of a flexible line for connection to an anchorage at one end to hang vertically (vertical lifeline), or for connection to anchorages at both ends to stretch horizontally (horizontal lifeline), and which serves as a means for connecting other components of a personal fall arrest system to the anchorage.
Lower levels means those areas or surfaces to which an employee can fall. Such areas or surfaces include but are not limited to ground levels, floors, ramps, tanks, materials, water, excavations, pits, vessels, structures, or portions thereof.
Personal fall arrest system means a system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, body belt or body harness and may include a lanyard, a deceleration device, a lifeline, or a suitable combination of these. As of January 1, 1998, the use of a body belt for fall arrest is prohibited.
Positioning device system means a body belt or body harness system rigged to allow an employee to be supported at an elevated vertical surface, such as a wall or window, and to be able to work with both hands free while leaning.
Qualified person means a person who by possession of a recognized degree or certificate of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems related to the subject matter and work.
Restraint (tether) line means a line from an anchorage, or between anchorages, to which the employee is secured in such a way as to prevent the employee from walking or falling off an elevated work surface. Note: A restraint line is not necessarily designed to withstand forces resulting from a fall.
Rope grab means a deceleration device which travels on a lifeline and automatically, by friction, engages the lifeline and locks so as to arrest the fall of an employee. A rope grab usually employs the principle of inertial locking, cam/level locking or both.
§1915.152
General requirements
General requirements
(a) Provision and use of equipment. The employer shall provide and shall ensure that each affected employee uses the appropriate personal protective equipment (PPE) for the eyes, face, head, extremities, torso, and respiratory system, including protective clothing, protective shields, protective barriers, personal fall protection equipment, and life saving equipment, meeting the applicable provisions of this subpart, wherever employees are exposed to work activity hazards that require the use of PPE. [§1915.152(a)]
(b) Hazard assessment and equipment. The employer shall assess its work activity to determine whether there are hazards present, or likely to be present, which necessitate the employee's use of PPE. If such hazards are present, or likely to be present, the employer shall: [§1915.152(b)]
(1) Select the type of PPE that will protect the affected employee from the hazards identified in the occupational hazard assessment; [§1915.152(b)(1)]
(2) Communicate selection decisions to affected employees; [§1915.152(b)(2)]
(3) Select PPE that properly fits each affected employee; and [§1915.152(b)(3)]
(4) Verify that the required occupational hazard assessment has been performed through a document that contains the following information: occupation, the date(s) of the hazard assessment, and the name of the person performing the hazard assessment. [§1915.152(b)(4)]
Note 1 to paragraph (b): A hazard assessment conducted according to the trade or occupation of affected employees will be considered to comply with paragraph (b) of this section, if the assessment addresses any PPE-related hazards to which employees are exposed in the course of their work activities.
Note 2 to paragraph (b): Non-mandatory appendix A to this subpart contains examples of procedures that will comply with the requirement for an occupational hazard assessment.
(c) Defective and damaged equipment. Defective or damaged PPE shall not be used. [§1915.152(c)]
(d) Reissued equipment. The employer shall ensure that all unsanitary PPE, including that which has been used by employees, be cleaned and disinfected before it is reissued. [§1915.152(d)]
(e) Training. [§1915.152(e)]
(1) The employer shall provide training to each employee who is required, by this section, to use PPE (exception: training in the use of personal fall arrest systems and positioning device systems training is covered in §§1915.159 and 1915.160). Each employee shall be trained to understand at least the following: [§1915.152(e)(1)]
(i) When PPE is necessary; [§1915.152(e)(1)(i)]
(ii) What PPE is necessary; [§1915.152(e)(1)(ii)]
(iii) How to properly don, doff, adjust, and wear PPE; [§1915.152(e)(1)(iii)]
(iv) The limitations of the PPE; and, [§1915.152(e)(1)(iv)]
(v) The proper care, maintenance, useful life and disposal of the PPE. [§1915.152(e)(1)(v)]
(2) The employer shall ensure that each affected employee demonstrates the ability to use PPE properly before being allowed to perform work requiring the use of PPE. [§1915.152(e)(2)]
(3) The employer shall retrain any employee who does not understand or display the skills required by paragraph (e)(2) of this section. Circumstances where retraining is required include, but are not limited to, situations where: [§1915.152(e)(3)]
(i) Changes in occupation or work render previous training obsolete; or [§1915.152(e)(3)(i)]
(ii) Changes in the types of PPE to be used render previous training obsolete; or [§1915.152(e)(3)(ii)]
(iii) Inadequacies in an affected employee's knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill. [§1915.152(e)(3)(iii)]
(f) Payment for protective equipment. [§1915.152(f)]
(1) Except as provided by paragraphs (f)(2) through (f)(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. [§1915.152(f)(1)]
§1915.153 Part
1915 - Occupational Safety & Health Standards for Shipyard Employment
(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. [§1915.152(f)(2)]
(3) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots. [§1915.152(f)(3)]
(4) The employer is not required to pay for: [§1915.152(f)(4)]
(i) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or [§1915.152(f)(4)(i)]
(ii) 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. [§1915.152(f)(4)(ii)]
(5) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE. [§1915.152(f)(5)]
(6) Where an employee provides appropriate protective equipment he or she owns, 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 (f)(2) through (f)(5) of this section. [§1915.152(f)(6)]
(7) This paragraph (f) shall become effective on February 13, 2008. Employers must implement the PPE payment requirements no later than May 15, 2008. [§1915.152(f)(7)]
Note to §1915.152(f): 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.
[61 FR 26352, May 24, 1996; 61 FR 29957, June 13, 1996, as amended at 67 FR 44543, July 3, 2002; 72 FR 64428, Nov. 15, 2007; 76 FR 33610, June 8, 2011]
§1915.153
Eye and face protection
(a) General requirements. [§1915.153(a)]
(1) The employer shall ensure that each affected employee uses appropriate eye or face protection where there are exposures to eye or face hazards caused by flying particles, molten metal, liquid chemicals, acid or caustic liquids, chemical gases or vapors, or potentially injurious light radiation. [§1915.153(a)(1)]
(2) The employer shall ensure that each affected employee uses eye or face protection that provides side protection when there is a hazard from flying objects. Detachable side protectors (e.g., a clip-on or slide-on side shield) meeting the pertinent requirements of this section are acceptable.
[§1915.153(a)(2)]
(3) The employer shall ensure that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards wears eye protection that incorporates the prescription in its design, unless the employee is protected by eye protection that can be worn over prescription lenses without disturbing the proper position of either the PPE or the prescription lenses. [§1915.153(a)(3)]
(4) The employer shall ensure that each affected employee uses equipment with filter lenses that have a shade number that provides appropriate protection from injurious light radiation. Table I-1 is a listing of appropriate shade numbers for various operations. If filter lenses are used in goggles worn under a helmet which has a lens, the shade number of the lens in the helmet may be reduced so that the shade numbers of the two lenses will equal the value as shown in Table I-1, §1915.153. [§1915.153(a)(4)]
**These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden by the workpiece.
*As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or sodium line in the visible light of the (spectrum) operation.
(b) Criteria for protective eye and face devices. [§1915.153(b)]
(1) Protective eye and face protection devices must comply with any of the following consensus standards: [§1915.153(b)(1)]
(i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in §1915.5; [§1915.153(b)(1)(i)]
(ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in §1915.5; or [§1915.153(b)(1)(ii)]
(iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, incorporated by reference in §1915.5; [§1915.153(b)(1)(iii)]
(2) Eye and face protection devices that the employer demonstrates are at least as effective as protective as eye and face 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.
[§1915.153(b)(2)]
[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009; 81 FR 16091,
Table I-1
§1915.154
Respiratory protection
Respiratory protection for shipyard employment is covered by 29 CFR 1910.134.
§1915.155
Head protection
(a) Use. [§1915.155(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. [§1915.155(a)(1)]
(2) The employer shall ensure that each affected employee wears a protective helmet designed to reduce electrical shock hazards where there is potential for electric shock or burns due to contact with exposed electrical conductors which could contact the head. [§1915.155(a)(2)]
(b)Criteria for protective helmets. [§1915.155(b)]
(1) Head protection must comply with any of the following consensus standards: [§1915.155(b)(1)]
(i) American National Standards Institute (ANSI) Z89.1-2009, "American National Standard for Industrial Head Protection," incorporated by reference in §1915.5; [§1915.155(b)(1)(i)]
(ii) American National Standards Institute (ANSI) Z89.1-2003, "American National Standard for Industrial Head Protection," incorporated by reference in §1915.5; or [§1915.155(b)(1)(ii)]
(iii) American National Standards Institute (ANSI) Z89.1-1997, "American National Standard for Personnel Protection — Protective Headwear for Industrial Workers — Requirements," incorporated by reference in §1915.5. [§1915.155(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. [§1915.155(b)(2)]
[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009; 77 FR 37599, June 22, 2012] §1915.156
Foot protection
(a) Use. The employer shall ensure that each affected employee wears protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects or objects piercing the sole. [§1915.156(a)]
(b) Criteria for protective footwear. [§1915.156(b)]
(1) Protective footwear must comply with any of the following consensus standards: [§1915.156(b)(1)]
(i) ASTM F-2412-2005, “Standard Test Methods for Foot Protection,” and ASTM F-2413-2005, “Standard Specification for Performance Requirements for Protective Footwear,” which are incorporated by reference in §1915.5; [§1915.156(b)(1)(i)]
(ii) ANSI Z41-1999, “American National Standard for Personal Protection — Protective Footwear,” which is incorporated by reference in §1915.5; or [§1915.156(b)(1)(ii)]
(iii) ANSI Z41-1991, “American National Standard for Personal Protection — Protective Footwear,” which is incorporated by reference in §1915.5. [§1915.156(b)(1)(iii)]
(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. [§1915.156(b)(2)]
[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009]
§1915.157
Hand and body protection
(a) Use. The employer shall ensure that each affected employee uses appropriate hand protection and other protective clothing where there is exposure to hazards such as skin absorption of harmful substances, severe cuts or lacerations, severe abrasions, punctures, chemical burns, thermal burns, harmful temperature extremes, and sharp objects. [§1915.157(a)]
(b)Hot work operations. The employer shall ensure that no employee wears clothing impregnated or covered in full or in part with flammable or combustible materials (such as grease or oil) while engaged in hot work operations or working near an ignition source. [§1915.157(b)]
(c)Electrical protective devices. The employer shall ensure that each affected employee wears protective electrical insulating gloves and sleeves or other electrical protective equipment, if that employee is exposed to electrical shock hazards while working on electrical equipment. [§1915.157(c)]
§1915.158
Lifesaving equipment
Lifesaving equipment
(a) Personal flotation devices. [§1915.158(a)]
(1) PFDs (life preservers, life jackets, or work vests) worn by each affected employee must be United States Coast Guard (USCG)
approved pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for use as a work vest, for commercial use, or for use on vessels. USCG approval is pursuant to 46 CFR part 160, Coast Guard Lifesaving Equipment Specifications. [§1915.158(a)(1)]
(2) Prior to each use, personal floatation devices shall be inspected for dry rot, chemical damage, or other defects which may affect their strength and buoyancy. Defective personal floatation devices shall not be used. [§1915.158(a)(2)]
(b) Ring life buoys and ladders. [§1915.158(b)]
(1) When work is being performed on a floating vessel 200 feet (61 m) or more in length, at least three 30-inch (0.76 m) U.S. Coast Guard approved ring life buoys with lines attached shall be located in readily visible and accessible places. Ring life buoys shall be located one forward, one aft, and one at the access to the gangway. [§1915.158(b)(1)]
(2) On floating vessels under 200 feet (61 m) in length, at least one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with line attached shall be located at the gangway.
[§1915.158(b)(2)]
(3) At least one 30-inch (0.76 m) U. S. Coast Guard approved ring life buoy with a line attached shall be located on each staging alongside of a floating vessel on which work is being performed. [§1915.158(b)(3)]
(4) At least 90 feet (27.43m) of line shall be attached to each ring life buoy. [§1915.158(b)(4)]
(5) There shall be at least one portable or permanent ladder in the vicinity of each floating vessel on which work is being performed. The ladder shall be of sufficient length to assist employees to reach safety in the event they fall into the water.
[§1915.158(b)(5)]
[61 FR 26352, May 24, 1996, as amended at 67 FR 44543, July 3, 2002] §1915.159
Personal fall arrest systems (PFAS)
The criteria of this section apply to PFAS and their use. Effective January 1, 1998, body belts and non-locking snaphooks are not acceptable as part of a personal fall arrest system.
(a) Criteria for connectors and anchorages. [§1915.159(a)]
(1) Connectors shall be made of drop forged, pressed, or formed steel or shall be made of materials with equivalent strength. [§1915.159(a)(1)]
(2) Connectors shall have a corrosion-resistant finish, and all surfaces and edges shall be smooth to prevent damage to the interfacing parts of the system. [§1915.159(a)(2)]
(3) D-rings and snaphooks shall be capable of sustaining a minimum tensile load of 5,000 pounds (22.24 Kn). [§1915.159(a)(3)]
(4) D-rings and snaphooks shall be proof-tested to a minimum tensile load of 3,600 pounds (16 Kn) without cracking, breaking, or being permanently deformed. [§1915.159(a)(4)]
(5) Snaphooks shall be sized to be compatible with the member to which they are connected to prevent unintentional disengagement of the snaphook caused by depression of the snaphook keeper by the connected member, or shall be of a locking type that is designed and used to prevent disengagement of the snap-hook by contact of the snaphook keeper by the connected member. [§1915.159(a)(5)]
(6) Snaphooks, unless of a locking type designed and used to prevent disengagement from the following connections, shall not be engaged: [§1915.159(a)(6)]
(i) Directly to webbing, rope or wire rope; [§1915.159(a)(6)(i)]
(ii) To each other; [§1915.159(a)(6)(ii)]
(iii) To a D-ring to which another snaphook or other connector is attached; [§1915.159(a)(6)(iii)]
(iv) To a horizontal lifeline; or [§1915.159(a)(6)(iv)]
(v) To any object that is incompatibly shaped or dimensioned in relation to the snaphook such that unintentional disengagement could occur by the connected object being able to depress the snaphook keeper and release itself.
[§1915.159(a)(6)(v)]
(7) On suspended scaffolds or similar work platforms with horizontal lifelines that may become vertical lifelines, the devices used for connection to the horizontal lifeline shall be capable of locking in any direction on the lifeline. [§1915.159(a)(7)]
(8) Anchorages used for attachment of personal fall arrest equipment shall be independent of any anchorage being used to support or suspend platforms. [§1915.159(a)(8)]
(9) Anchorages shall be capable of supporting at least 5,000 pounds (22.24 Kn) per employee attached, or shall be designed, installed, and used as follows: [§1915.159(a)(9)]
(i) As part of a complete personal fall arrest system which maintains a safety factor of at least two; and [§1915.159(a)(9)(i)]
(ii) Under the direction and supervision of a qualified person.
[§1915.159(a)(9)(ii)]
§1915.160 Part 1915
- Occupational Safety & Health Standards for Shipyard Employment
(b) Criteria for lifelines, lanyards, and personal fall arrest systems. [§1915.159(b)]
(1) When vertical lifelines are used, each employee shall be provided with a separate lifeline. [§1915.159(b)(1)]
(2) Vertical lifelines and lanyards shall have a minimum tensile strength of 5,000 pounds (22.24 Kn). [§1915.159(b)(2)]
(3) Self-retracting lifelines and lanyards that automatically limit free fall distances to 2 feet (0.61 m) or less shall be capable of sustaining a minimum tensile load of 3,000 pounds (13.34 Kn) applied to a self-retracting lifeline or lanyard with the lifeline or lanyard in the fully extended position. [§1915.159(b)(3)]
(4) Self-retracting lifelines and lanyards which do not limit free fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and tearing and deforming lanyards shall be capable of sustaining a minimum static tensile load of 5,000 pounds (22.24 Kn) applied to the device when they are in the fully extended position.
[§1915.159(b)(4)]
(5) Horizontal lifelines shall be designed, installed, and used under the supervision of a qualified person, and shall only be used as part of a complete personal fall arrest system that maintains a safety factor of at least two. [§1915.159(b)(5)]
(6) Effective November 20, 1996, personal fall arrest systems shall: [§1915.159(b)(6)]
(i) Limit the maximum arresting force on a falling employee to 900 pounds (4 Kn) when used with a body belt; [§1915.159(b)(6)(i)]
(ii) Limit the maximum arresting force on a falling employee to 1,800 pounds (8 Kn) when used with a body harness;
[§1915.159(b)(6)(ii)]
(iii) Bring a falling employee to a complete stop and limit the maximum deceleration distance an employee travels to 3.5 feet (1.07 m), and [§1915.159(b)(6)(iii)]
(iv) Have sufficient strength to withstand twice the potential impact energy of an employee free falling a distance of 6 feet (1.83 m), or the free fall distance permitted by the system, whichever is less; [§1915.159(b)(6)(iv)]
Note to paragraph (b)(6) of this section: A personal fall arrest system which meets the criteria and protocols contained in appendix B, is considered to comply with paragraph (b)(6). If the combined tool and body weight is 310 pounds (140.62 kg) or more, systems that meet the criteria and protocols contained in appendix B will be deemed to comply with the provisions of paragraph (b)(6) only if they are modified appropriately to provide protection for the extra weight of the employee and tools.
(7) Personal fall arrest systems shall be rigged such that an employee can neither free fall more than 6 feet (1.83 m) nor contact any lower level. [§1915.159(b)(7)]
(c) Criteria for selection, use and care of systems and system components. [§1915.159(c)]
(1) Lanyards shall be attached to employees using personal fall arrest systems, as follows: [§1915.159(c)(1)]
(i) The attachment point of a body harness shall be located in the center of the wearer's back near the shoulder level, or above the wearer's head. If the free fall distance is limited to less than 20 inches (50.8 cm), the attachment point may be located in the chest position; and [§1915.159(c)(1)(i)]
(ii) The attachment point of a body belt shall be located in the center of the wearer's back. [§1915.159(c)(1)(ii)]
(2) Ropes and straps (webbing) used in lanyards, lifelines and strength components of body belts and body harnesses shall be made from synthetic fibers or wire rope. [§1915.159(c)(2)]
(3) Ropes, belts, harnesses, and lanyards shall be compatible with their hardware. [§1915.159(c)(3)]
(4) Lifelines and lanyards shall be protected against cuts, abrasions, burns from hot work operations and deterioration by acids, solvents, and other chemicals. [§1915.159(c)(4)]
(5) Personal fall arrest systems shall be inspected prior to each use for mildew, wear, damage, and other deterioration. Defective components shall be removed from service. [§1915.159(c)(5)]
(6) Personal fall arrest systems and components subjected to impact loading shall be immediately removed from service and shall not be used again for employee protection until inspected and determined by a qualified person to be undamaged and suitable for reuse. [§1915.159(c)(6)]
(7) The employer shall provide for prompt rescue of employees in the event of a fall or shall ensure that employees are able to rescue themselves. [§1915.159(c)(7)]
(8) Body belts shall be at least one and five-eighths inches (4.13 cm) wide. [§1915.159(c)(8)]
(9) Personal fall arrest systems and components shall be used only for employee fall protection and not to hoist materials. [§1915.159(c)(9)]
(d) Training. Before using personal fall arrest equipment, each affected employee shall be trained to understand the application limits of the equipment and proper hook-up, anchoring, and tie-off techniques.
Affected employees shall also be trained so that they can demonstrate the proper use, inspection, and storage of their equipment. [§1915.159(d)]
[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002] §1915.160
Positioning device systems
Positioning device systems and their use shall conform to the following provisions:
(a) Criteria for connectors and anchorages. [§1915.160(a)]
(1) Connectors shall have a corrosion-resistant finish, and all surfaces and edges shall be smooth to prevent damage to interfacing parts of this system. [§1915.160(a)(1)]
(2) Connecting assemblies shall have a minimum tensile strength of 5,000 pounds (22.24 Kn). [§1915.160(a)(2)]
(3) Positioning device systems shall be secured to an anchorage capable of supporting at least twice the potential impact load of an employee's fall. [§1915.160(a)(3)]
(4) Snaphooks, unless each is of a locking type designed and used to prevent disengagement, shall not be connected to each other. As of January 1, 1998, only locking type snaphooks shall be used in positioning device systems. [§1915.160(a)(4)]
(b) Criteria for positioning device systems. [§1915.160(b)]
(1) Restraint (tether) lines shall have a minimum breaking strength of 3,000 pounds (13.34 Kn). [§1915.160(b)(1)]
(2) The following system performance criteria for positioning device systems are effective November 20, 1996: [§1915.160(b)(2)]
(i) A window cleaner's positioning system shall be capable of withstanding without failure a drop test consisting of a 6 foot (1.83 m) drop of a 250-pound (113.4 kg) weight. The system shall limit the initial arresting force to not more than 2,000 pounds (8.9 Kn), with a duration not to exceed 2 milliseconds. The system shall limit any subsequent arresting forces imposed on the falling employee to not more than 1,000 pounds (4.45 Kn); [§1915.160(b)(2)(i)]
(ii) All other positioning device systems shall be capable of withstanding without failure a drop test consisting of a 4 foot (1.22 m) drop of a 250-pound (113.4 kg) weight. [§1915.160(b)(2)(ii)]
Note to paragraph (b)(2) of this section: Positioning device systems which comply with the provisions of section 2 of non-mandatory appendix B to this subpart shall be deemed to meet the requirements of this paragraph (b)(2).
(c) Criteria for the use and care of positioning device systems.
[§1915.160(c)]
(1) Positioning device systems shall be inspected before each use for mildew, wear, damage, and other deterioration. Defective components shall be removed from service. [§1915.160(c)(1)]
(2) A positioning device system or component subjected to impact loading shall be immediately removed from service and shall not be used again for employee protection, unless inspected and determined by a qualified person to be undamaged and suitable for reuse. [§1915.160(c)(2)]
(d) Training. Before using a positioning device system, employees shall be trained in the application limits, proper hook-up, anchoring and tie-off techniques, methods of use, inspection, and storage of positioning device systems. [§1915.160(d)]
[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002]
Subpart I Appendix A
Non-Mandatory Guidelines for Hazard Assessment, Personal Protective Equipment (PPE) Selection, and PPE Training Program
This appendix is intended to provide compliance assistance for hazard assessment, selection of personal protective equipment (PPE) and PPE training. It neither adds to or detracts from the employer's responsibility to comply with the provisions of this subpart.
1. Controlling hazards. Employers and employees should not rely exclusively on PPE for protection from hazards. PPE should be used, where appropriate, in conjunction with engineering controls, guards, and safe work practices and procedures.
2. Assessment and selection. Employers need to consider certain general guidelines for assessing the hazardous situations that are likely to arise under foreseeable work activity conditions and to match employee PPE to the identified hazards. The employer should designate a safety officer or some other qualified person to exercise common sense and appropriate expertise to assess work activity hazards and select PPE.
3. Assessment guidelines. In order to assess the need for PPE the following steps should be taken:
a. Survey. Conduct a walk-through survey of the area in question to identify sources of hazards.
Categories for Consideration:
(1) Impact
(2) Penetration
(3) Compression (roll-over)
Non-Mandatory Guidelines for Hazard Assessment
(4) Chemical
(5) Heat
(6) Harmful dust
(7) Light (optical) radiation
(8) Drowning
(9) Falling
b. Sources. During the walk-through survey the safety officer should observe:
(1) Sources of motion; for example, machinery or processes where any movement of tools, machine elements or particles could exist, or movement of personnel that could result in collision with stationary objects.
(2) Sources of high temperatures that could result in burns, eye injury or ignition of protective equipment.
(3) Types of chemical exposures.
(4) Sources of harmful dust.
(5) Sources of light radiation, for instance, welding, brazing, cutting, heat treating, furnaces, and high intensity lights.
(6) Sources of falling objects or potential for dropping objects.
(7) Sources of sharp objects which might pierce or cut the hands.
(8) Sources of rolling or pinching objects which could crush the feet.
(9) Layout of work place and location of co-workers.
(10) Any electrical hazards.
(11) Review injury/accident data to help identify problem areas. Organize data. Following the walk-through survey, it is necessary to organize the data and other information obtained. That material provides the basis for hazard assessment that enables the employer to select the appropriate PPE.
Editor's note: The CFR omits a regulation numbered 3.c. in Appendix A to Subpart I of Part 1915.
d. Analyze data. Having gathered and organized data regarding a particular occupation, employers need to estimate the potential for injuries. Each of the identified hazards (see paragraph 3.a.) should be reviewed and classified as to its type, the level of risk, and the seriousness of any potential injury. Where it is foreseeable that an employee could be exposed to several hazards simultaneously, the consequences of such exposure should be considered.
4. Selection guidelines. After completion of the procedures in paragraph 3, the general procedure for selection of protective equipment is to:
(a) become familiar with the potential hazards and the types of protective equipment that are available, and what they can do; for example, splash protection, and impact protection;
(b) compare the hazards associated with the environment; for instance, impact velocities, masses, projectile shapes, radiation intensities, with the capabilities of the available protective equipment;
(c) select the protective equipment which ensures a level of protection greater than the minimum required to protect employees from the hazards; and
(d) fit the user with the protective device and give instructions on care and use of the PPE. It is very important that users be made aware of all warning labels and limitations of their PPE.
5. Fitting the device. Careful consideration must be given to comfort and fit. The employee will be most likely to wear the protective device if it fits comfortably. PPE that does not fit properly may not provide the necessary protection, and may create other problems for wearers. Generally, protective devices are available in a variety of sizes and choices. Therefore employers should be careful to select the appropriate sized PPE.
6. Devices with adjustable features.
(a) Adjustments should be made on an individual basis so the wearer will have a comfortable fit that maintains the protective device in the proper position. Particular care should be taken in fitting devices for eye protection against dust and chemical splash to ensure that the seal is appropriate for the face.
(b) In addition, proper fitting of hard hats is important to ensure that the hard hat will not fall off during work operations. In some cases a chin strap may be necessary to keep the hard hat on an employee's head. (Chin straps should break at a reasonably low force to prevent a strangulation hazard). Where manufacturer's instructions are available, they should be followed carefully.
7. Reassessment of hazards. Compliance with the hazard assessment requirements of §1915.152(b) will involve the reassessment of work activities where changing circumstances make it necessary. a. The employer should have a safety officer or other qualified person reassess the hazards of the work activity area as necessary. This reassessment should take into account changes in the workplace or work practices, such as those associated with the installation of new equipment, and the lessons learned from
reviewing accident records, and a reevaluation performed to determine the suitability of PPE selected for use.
8. Selection chart guidelines for eye and face protection. Examples of occupations for which eye protection should be routinely considered are carpenters, engineers, coppersmiths, instrument technicians, insulators, electricians, machinists, mobile equipment mechanics and repairers, plumbers and ship fitters, sheet metal workers and tinsmiths, grinding equipment operators, machine operators, welders, boiler workers, painters, laborers, grit blasters, ship fitters and burners. This is not a complete list of occupations that require the use of eye protection. The following chart provides general guidance for the proper selection of eye and face protection to protect against hazards associated with the listed hazard “source” operations.
Eye and Face Protection Selection Chart
Impact:
Source Assessment of hazard Protection
Chipping, grinding machining, masonry work, woodworking, sawing, drilling, chiseling, powered fastening, riveting, and sanding
Heat:
Flying fragments, objects, large chips, particles, sand, dirt, etc
Furnace operations, pouring, casting, hot dipping, and welding Hot sparks
Splash from molten metals
High temperature exposure
Chemicals:
Acid and chemicals handling, degreasing, plating Splash
Dust:
Spectacles with side protection, goggles, face shields. See notes (1), (3), (5), (6), (10). For severe exposure, use face shield.
Face shields, goggles, spectacles with side protection. For severe exposure use face shield. See notes (1), (2), (3).
Face shields worn over goggles. See notes (1), (2), (3).
Screen face shields, reflective face shields. See notes (1), (2), (3).
Goggles, eyecup and cover types. For severe exposure, use face shield. See notes (3), (11).
Irritating mistsSpecial-purpose goggles.
Woodworking, buffing, general dusty conditions Nuisance dust
Light and/or Radiation:
Welding: Electric arc Optical radiation
Welding: Gas Optical radiation
Cutting, Torch brazing, Torch solderingOptical radiation
Glare Poor vision
Goggles, eyecup and cover types. See note (8).
Welding helmets or welding shields. Typical shades: 1014. See notes (9), (12).
Welding goggles or welding face shield. Typical shades: gas welding 4-8, cutting 3-6, brazing 3-4. See note (9).
Spectacles or welding faceshield. Typical shades, 1.53. See notes (3), (9).
Spectacles with shaded or special-purpose lenses, as suitable. See notes (9), (10).
Notes to Eye and Face Protection Selection Chart
(a) Care should be taken to recognize the possibility of multiple and simultaneous exposure to a variety of hazards. Adequate protection against the highest level of each of the hazards should be provided. Protective devices do not provide unlimited protection.
(b) Operations involving heat may also involve light radiation. As required by the standard, protection from both hazards must be provided.
(c) Face shields should only be worn over primary eye protection (spectacles or goggles).
(d) As required by the standard, filter lenses must meet the requirements for shade designations in §1915.153(a)(4). Tinted and shaded lenses are not filter lenses unless they are marked or identified as such.
(e) As required by the standard, persons whose vision requires the use of prescription (Rx) lenses must wear either protective devices fitted with prescription (Rx) lenses or protective devices designed to be worn over regular prescription (Rx) eye wear.
Subpart I Appendix A Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(f) Wearers of contact lenses must also wear appropriate eye and face protection devices in a hazardous environment. It should be recognized that dusty and/or chemical environments may represent an additional hazard to contact lens wearers.
(g) Caution should be exercised in the use of metal frame protective devices in electrical hazard areas.
(h) Atmospheric conditions and the restricted ventilation of the protector can cause lenses to fog. Frequent cleansing may be necessary.
(i) Welding helmets or face shields should be used only over primary eye protection (spectacles or goggles).
(j) Non-side shield spectacles are available for frontal protection only, but are not acceptable eye protection for the sources and operations listed for “impact.”
(k) Ventilation should be adequate, but well protected from splash entry. Eye and face protection should be designed and used so that it provides both adequate ventilation and protects the wearer from splash entry.
(l) Protection from light radiation is directly related to filter lens density. See note (d). Select the darkest shade that allows task performance.
9. Selection guidelines for head protection.
(a) Hard hats are designed to provide protection from impact and penetration hazards caused by falling objects. Head protection is also available which provides protection from electric shock and burn. When selecting head protection, knowledge of potential electrical hazards is important. Class A helmets, in addition to impact and penetration resistance, provide electrical protection from low-voltage conductors. (They are proof tested to 2,200 volts.) Class B helmets, in addition to impact and penetration resistance, provide electrical protection from high-voltage conductors. (They are proof tested to 20,000 volts.) Class C helmets provide impact and penetration resistance. (They are usually made of aluminum, which conducts electricity and should not be used around electrical hazards.)
(b) Where falling object hazards are present, head protection must be worn. Some examples of exposure include: working below other workers who are using tools and materials which could fall; working around or under conveyor belts which are carrying parts or materials; working below machinery or processes which might cause material or objects to fall; and working on exposed energized conductors.
(c) Examples of occupations for which head protection should be considered are: carpenters, electricians, machinists, boilermakers, erectors, plumbers, coppersmiths, ship fitters, welders, laborers and material handlers.
10. Selection guidelines for foot protection.
(a) Safety shoes and boots must meet ANSI Z41-1991 and provide impact and compression protection to the foot. Where necessary, safety shoes can be obtained which provide puncture protection. In some work situations, metatarsal (top of foot) protection should be provided, and in some other special situations, electrical conductive or insulating safety shoes would be appropriate.
(b) Safety shoes or boots with impact protection would be required for carrying or handling materials such as packages, objects, parts or heavy tools, which could be dropped, and for other activities where objects might fall onto the feet. Safety shoes or boots with compression protection would be required for work activities involving skid trucks (manual material handling carts) around bulk rolls (such as paper rolls) and around heavy pipes, all of which could potentially roll over an employees' feet. Safety shoes or boots with puncture protection would be required where sharp objects such as nails, wire, tacks, screws, large staples, scrap metal etc., could be stepped on by employees, causing an injury.
(c) Some occupations (not a complete list) for which foot protection should be routinely considered are: shipping and receiving clerks, stock clerks, carpenters, electricians, machinists, boiler makers, plumbers, copper smiths, pipe fitters, ship fitters, burners, chippers and grinders, erectors, press operators, welders, laborers, and material handlers.
11. Selection guidelines for hand protection.
(a) Gloves are often relied upon to prevent cuts, abrasions, burns, and skin contact with chemicals that are capable of causing local or systemic effects following dermal exposure. OSHA is unaware of any gloves that provide protection against all potential hand hazards, and commonly available glove materials provide only limited protection against many chemicals. Therefore, it is important to select the most appropriate glove for a particular application and to determine how long it can be worn, and whether it can be reused.
(b) It is also important to know the performance characteristics of gloves relative to the specific hazard anticipated, e.g., chemical hazards, cut hazards, and flame hazards. These performance characteristics should be assessed by using standard test procedures. Before purchasing gloves, the employer should request documentation from the manufacturer that the gloves meet the appropriate test standard(s) for the hazard(s) anticipated.
(c) other general factors to be considered for glove selection are:
(A) As long as the performance characteristics are acceptable, in certain circumstances, it may be more cost effective to regularly change cheaper gloves than to reuse more expensive types; and,
(B) The work activities of the employee should be studied to determine the degree of dexterity required, the duration, frequency, and degree of exposure to the hazard, and the physical stresses that will be applied.
(d) With respect to selection of gloves for protection against chemical hazards:
(A) The toxic properties of the chemical(s) must be determined; in particular, the ability of the chemical to cause local effects on the skin or to pass through the skin and cause systemic effects or both;
(B) Generally, any “chemical resistant” glove can be used for dry powders;
(C) For mixtures and formulated products (unless specific test data are available), a glove should be selected on the basis of the chemical component with the shortest breakthrough time, since it is possible for solvents to carry active ingredients through polymeric materials; and,
(D) Employees must be able to remove the gloves in such a manner as to prevent skin contamination.
12. Cleaning and maintenance.
(a) It is important that all PPE be kept clean and be properly maintained. Cleaning is particularly important for eye and face protection where dirty or fogged lenses could impair vision.
(b) For the purposes of compliance, PPE should be inspected, cleaned, and maintained at regular intervals so that the PPE provides the requisite protection.
(c) It is important to ensure that contaminated PPE which cannot be decontaminated is disposed of in a manner that protects employees from exposure to hazards.
13. Examples of work activities, trades and selection of basic PPE.
Example 1: Welder. Based on an assessment of the work activity area hazards to which welders are exposed, the equipment listed below is the basic PPE required for this occupation. This does not take into account a job location in which additional PPE may be required, such as where the welder works from an elevated platform without guard rails. In this situation the welder must also wear the proper fall protection equipment, such as a body harness.
— Hard hat
— Welding Shield (Face)
— Welding Gloves
— Safety Glasses
— Safety Shoes
— Welding Sleeves (welding in the overhead position)
(Signed and dated)
Example 2: Yard Maintenance Worker. Based on an assessment of the workplace hazards to which shipyard maintenance workers are exposed, the equipment listed below is the basic PPE required for this occupation. Where maintenance workers are exposed to other hazards, such as asbestos, the insulation on a pipe is being repaired, maintenance workers must be provided with the appropriate supplemental PPE (requirements for asbestos PPE are set out in 1915.1001).
— Hard Hat
— Safety Glasses
— Work Gloves
— Safety Shoes
(Signed and Dated)
Example 3: Chipper and Grinder Worker. Based on an assessment of the workplace hazards to which shipyard chipper and grinder workers are exposed, the equipment listed below is the basic PPE required for this occupation. Where workers are exposed to other hazards, such as hazardous dust from chipping or grinding operations, chipper and grinder workers must be provided with the appropriate supplemental PPE.
— Safety Glasses
— Transparent Face Shields
— Hearing Protection
— Foot Protection
— Gloves
(Signed and Dated)
Example 4: Painter. Based on an assessment of the workplace hazards to which shipyard painters are exposed, the equipment listed below is the basic PPE required for this occupation. Where painters are exposed to other hazards, such as a fall from an elevation where no guardrails are present, painters must be provided with the appropriate supplemental PPE.
— Hard Hats
— Safety Glasses
— Disposable Clothing
— Gloves
General Testing Conditions and Additional Guidelines
— Respiratory Protection, including Airline Respirators when working in Confined Spaces
— Barrier Creams
(Signed and Dated)
Example 5: Tank Cleaner. Tank cleaning operations and the basic PPE required for them depend largely upon the type of cargo shipped in the tank. Therefore, the following example is given for a tank in which gasoline has been shipped. Based on an assessment of the workplace hazards to which shipyard tank cleaners are exposed, specifically benzene and flammability hazards, the equipment listed below is the basic PPE required for this situation. Other tank cleaning operations will require variations in the PPE listed below.
— Respiratory Protection, Airline Respirators for working in confined spaces or where personal exposure limits could be exceeded.
— Chemically resistant clothing
— Face Shields
— Chemically resistant boots
— Chemically resistant gloves
— Fall Protection
— Non sparking tools and equipment
— Explosion-proof Lighting (Signed and Dated)
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]
Subpart I Appendix B
General Testing Conditions and Additional Guidelines for Personal Fall Protection Systems (Non-Mandatory) General Testing Conditions and Additional Guidelines
1. Personal fall arrest systems —
(a) General test conditions.
(1) Lifelines, lanyards, and deceleration devices should be attached to an anchorage and connected to the body-belt or body harness in the same manner as they would be when used to protect employees, except that lanyards should be tested only when connected directly to the anchorage, and not when connected to a lifeline.
(2) The anchorage should be rigid, and should not have a deflection greater than .04 inches (1 cm) when a force of 2,250 pounds (10.01 Kn) is applied.
(3) The frequency response of the load measuring instrumentation should be 100 Hz.
(4) The test weight used in the strength and force tests should be a rigid, metal cylindrical or torso-shaped object with a girth of 38 inches plus or minus 4 inches (96.5 cm plus or minus 10.16 cm).
(5) The lanyard or lifeline used to create the free fall distance should be the one supplied with the system, or in its absence, the least elastic lanyard or lifeline available to be used by the employee with the system.
(6) The test weight for each test should be hoisted to the required level and should be quickly released without having any appreciable motion imparted to it.
(7) The system's performance should be evaluated, taking into account the range of environmental conditions for which it is designed to be used.
(8) Following the test, the system need not be capable of further operation.
(b) Strength test.
(1) During the testing of all systems, a test weight of 300 pounds plus or minus 5 pounds (136.08 kg plus or minus 2.27 kg) should be used. (See paragraph (a)(4) above.)
(2) The test consists of dropping the test weight once. A new unused system should be used for each test.
(3) For lanyard systems, the lanyard length should be 6 feet plus or minus 2 inches (1.83 m plus or minus 5.08 cm) as measured from the fixed anchorage to the attachment on the body belt or harness.
(4) For rope-grab-type deceleration systems, the length of the lifeline above the center line of the grabbing mechanism to the lifeline's anchorage point should not exceed 2 feet (0.61 m).
(5) For lanyard systems, for systems with deceleration devices which do not automatically limit free fall distance to 2 feet (0.61 m) or less, and for systems with deceleration devices which have a connection distance in excess of 1 foot (0.31 m) (measured between the centerline of the lifeline and the attachment point to the body belt or harness), the test weight should be rigged to free fall a distance of 7.5 feet (2.29 m) from a point that is 1.5 feet (45.72 cm) above the anchorage point, to its hanging location (6 feet (1.83 m) below the anchorage). The test weight should fall without interference, obstruction, or hitting the floor or the ground during the test. In some cases, a non-elastic wire lanyard of
sufficient length may need to be added to the system (for test purposes) to create the necessary free fall distance.
(6) For deceleration device systems with integral lifelines or lanyards which automatically limit free fall distance to 2 feet (0.61 m) or less, the test weight should be rigged to free fall a distance of four feet (1.22 m).
(7) Any weight which detaches from the belt or harness should constitute failure for the strength test.
(c) Force test general. The test consists of dropping the respective test weight once. A new, unused system should be used for each test.
(1) For lanyard systems.
(i) A test weight of 220 pounds plus or minus three pounds (99.79 kg plus or minus 1.36 kg) should be used (see paragraph (a)(4) above).
(ii) Lanyard length should be 6 feet plus or minus 2 inches (1.83 m plus or minus 5.08 cm) as measured from the fixed anchorage to the attachment on the body belt or body harness.
(iii) The test weight should fall free from the anchorage level to its handling location (a total of 6 feet (1.83 m) free fall distance) without interference, obstruction, or hitting the floor or ground during the test.
(2) For all other systems.
(i) A test weight of 220 pounds plus or minus 3 pounds (99.79 kg plus or minus 1.36 kg) should be used (see paragraph (a)(4) above).
(ii) The free fall distance to be used in the test should be the maximum fall distance physically permitted by the system during normal use conditions, up to a maximum free fall distance for the test weight of 6 feet (1.83 m), except as follows:
(A) For deceleration systems which have a connection link or lanyard, the test weight should free fall a distance equal to the connection distance (measured between the center line of the lifeline and the attachment point to the body belt or harness).
(B) For deceleration device systems with integral life lines or lanyards which automatically limit free fall distance to 2 feet (0.61 m) or less, the test weight should free fall a distance equal to that permitted by the system in normal use. (For example, to test a system with a self-retracting lifeline or lanyard, the test weight should be supported and the system allowed to retract the lifeline or lanyard as it would in normal use. The test weight would then be released and the force and deceleration distance measured.)
(3) Failure. A system fails the force test if the recorded maximum arresting force exceeds 1,260 pounds (5.6 Kn) when using a body belt, or exceeds 2,520 pounds (11.21 Kn) when using a body harness.
(4) Distances. The maximum elongation and deceleration distance should be recorded during the force test.
(d) Deceleration device tests — general. The device should be evaluated or tested under the environmental conditions (such as rain, ice, grease, dirt, type of lifeline, etc.) for which the device is designed.
(1) Rope-grab-type deceleration devices.
(i) Devices should be moved on a lifeline 1,000 times over the same length of line a distance of not less than 1 foot (30.48 cm), and the mechanism should lock each time.
(ii) Unless the device is permanently marked to indicate the type of lifelines which must be used, several types (different diameters and different materials) of lifelines should be used to test the device.
(2) Other-self-activating-type deceleration devices. The locking mechanisms of other self-activating-type deceleration devices designed for more than one arrest should lock each of 1,000 times as they would in normal service.
2. Positioning device systems —
(a) Test Conditions.
(1) The fixed anchorage should be rigid and should not have a deflection greater than .04 inches (1.02 mm) when a force of 2,250 pounds (10.01 Kn) is applied.
(2) For lineman's body belts and pole straps, the body belt should be secured to a 250 pound (113.4 kg) bag of sand at a point which simulates the waist of an employee. One end of the pole strap should be attached to the rigid anchorage and the other end to the body belt. The sand bag should be allowed to free fall a distance of 4 feet (1.22 m). Failure of the pole strap and body belt should be indicated by any breakage or slippage sufficient to permit the bag to fall free to the ground.
(3) For window cleaner's belts, the complete belt should withstand a drop test consisting of a 250 pound (113.4 kg) weight falling
§1915.161 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
free for a distance of 6 feet (1.83 m). The weight should be a rigid object with a girth of 38 inches plus or minus four inches (96.52 cm plus or minus 10.16 cm.) The weight should be placed in the waistband with the belt buckle drawn firmly against the weight, as when the belt is worn by a window cleaner. One belt terminal should be attached to a rigid anchor and the other terminal should hang free. The terminals should be adjusted to their maximum span. The weight fastened in the freely suspended belt should then be lifted exactly 6 feet (1.83 m) above its “at rest” position and released so as to permit a free fall of 6 feet (1.83 m) vertically below the point of attachment of the terminal anchor. The belt system should be equipped with devices and instrumentation capable of measuring the duration and magnitude of the arrest forces. Any breakage or slippage which permits the weight to fall free of the system constitutes failure of the test. In addition, the initial and subsequent arresting force peaks should be measured and should not exceed 2,000 pounds (8.9 Kn) for more than 2 milliseconds for the initial impact, nor exceed 1,000 pounds (4.45 Kn) for the remainder of the arrest time.
(4) All other positioning device systems (except for restraint line systems) should withstand a drop test consisting of a 250pound (113.4 kg) weight falling free for a distance of 4 feet (1.22 m). The weight should be a rigid object with a girth of 38 inches plus or minus 4 inches (96.52 cm plus or minus 10.16 cm). The body belt or harness should be affixed to the test weight as it would be to an employee. The system should be connected to the rigid anchor in the manner that the system would be connected in normal use. The weight should be lifted exactly 4 feet (1.22 m) above its “at rest” position and released so as to permit a vertical free fall of 4 feet (1.22 m). Any breakage or slippage which permits the weight to fall free to the ground should constitute failure of the system.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]
Subpart J – Ship's Machinery and Piping Systems
§1915.161
Scope and application of subpart
The standards contained in this subpart shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking.
§1915.162
Ship's boilers
(a) Before work is performed in the fire, steam, or water spaces of a boiler where employees may be subject to injury from the direct escape of a high temperature medium such as steam, or water, oil, or other medium at a high temperature entering from an interconnecting system, the employer shall insure that the following steps are taken: [§1915.162(a)]
(1) The isolation and shutoff valves connecting the dead boiler with the live system or systems shall be secured, blanked, and then locked or tagged, in accordance with §1915.89, indicating that employees are working on the boiler. This lock or tag shall not be removed nor the valves unblanked until it is determined that this may be done without creating a hazard to the employees working on the boiler, or until the work on the boiler is completed, in accordance with §1915.89. When valves are welded instead of bolted, at least two isolation and shutoff valves connecting the dead boiler with the live system or systems shall be secured, and then locked or tagged, in accordance with §1915.89. [§1915.162(a)(1)]
(2) Drain connections to atmosphere on all of the dead interconnecting systems shall be opened for visual observation of drainage. [§1915.162(a)(2)]
(3) A warning sign calling attention to the fact that employees are working in the boilers shall be hung in a conspicuous location in the engine room. This sign shall not be removed until it is determined that the work is completed and all employees are out of the boilers. [§1915.162(a)(3)]
[47 FR 16986, Apr. 20, 1982, as amended at 76 FR 24711, May 2, 2011]
§1915.163
Ship's piping systems
(a) Before work is performed on a valve, fitting, or section of piping in a piping system where employees may be subject to injury from the direct escape of steam, or water, oil, or other medium at a high temperature, the employer shall insure that the following steps are taken: [§1915.163(a)]
(1) The isolation and shutoff valves connecting the dead system with the live system or systems shall be secured, blanked, and then locked or tagged, in accordance with §1915.89, indicating that employees are working on the systems. The lock or tag shall not be removed or the valves unblanked until it is determined that this may be done without creating a hazard to the employees working on the system, or until the work on the system is completed, in accordance with §1915.89. When valves are welded instead of bolted, at least two isolation and shutoff valves connecting the dead system with the live system or systems shall be secured, and then locked or tagged, in accordance with §1915.89. [§1915.163(a)(1)]
(2) Drain connections to the atmosphere on all of the dead interconnecting systems shall be opened for visual observation of drainage. [§1915.163(a)(2)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002; 76 FR 24711, May 2, 2011]
§1915.164
Ship's propulsion machinery
(a) Before work is performed on the main engine, reduction gear, or connecting accessories, the employer shall ensure that the following steps are taken: [§1915.164(a)]
(1) The jacking gear shall be engaged to prevent the main engine from turning over. A sign shall be posted at the throttle indicating that the jacking gear is engaged. This sign shall not be removed until the jacking gear can be safely disengaged. [§1915.164(a)(1)]
(2) If the jacking gear is steam driven, the employer shall ensure that the stop valves to the jacking gear are secured, and then locked or tagged, in accordance with §1915.89. [§1915.164(a)(2)]
(3) If the jacking gear is electrically driven, the circuit controlling the jacking gear shall be de-energized by tripping the circuit breaker, opening the switch, or removing the fuse, whichever is appropriate, and then locked or tagged in accordance with §1915.89. [§1915.164(a)(3)]
(b) Before the jacking engine is operated, the following precautions shall be taken: [§1915.164(b)]
(1) A check shall be made to ensure that all employees, equipment, and tools are clear of the engine, reduction gear, and its connecting accessories. [§1915.164(b)(1)]
(2) A check shall be made to ensure that all employees, equipment and tools are free of the propeller. [§1915.164(b)(2)]
(c) Before work is started on or in the immediate vicinity of the propeller, a warning sign calling attention to the fact that employees are working in that area shall be hung in a conspicuous location in the engine room. This sign shall not be removed until it is determined that the work is completed and all employees are free of the propeller. [§1915.164(c)]
(d) Before the main engine is turned over (e.g., when warming up before departure or testing after an overhaul) a check shall be made to ensure that all employees, equipment, and tools are free of the propeller. [§1915.164(d)]
[47 FR 16986, Apr. 20, 1982, as amended at 76 FR 24711, May 2, 2011]
§1915.165
Ship's deck machinery
(a) Before work is performed on the anchor windlass or any of its attached accessories, the employer shall ensure that the following steps are taken: [§1915.165(a)]
(1) The devil claws (also known as chain stoppers) shall be made fast to the anchor chains. [§1915.165(a)(1)]
(2) The riding pawls shall be in the engaged position. [§1915.165(a)(2)]
(3) In the absence of devil claws and riding pawls, the anchor chains shall be secured to a suitable fixed structure of the vessel. [§1915.165(a)(3)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002]
Subpart K – Portable, Unfired Pressure Vessels, Drums and Containers, Other Than Ship's Equipment
§1915.171
Scope and application of subpart
The standards contained in this subpart shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking.
§1915.172
Portable air receivers and other unfired pressure vessels
(a) Portable, unfired pressure vessels, built after the effective date of this regulation, shall be marked and reported indicating that they have been designed and constructed to meet the standards of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963. They shall be subjected to a hydrostatic pressure test of one and one-half times the working pressure of the vessels. [§1915.172(a)]
(b) Portable, unfired pressure vessels, not built to the code requirements of paragraph (a) of this section, and built prior to the effective date of this regulation, shall be examined quarterly by a competent person. They shall be subjected yearly to a hydrostatic pressure test of one and one-half times the working pressure of the vessels. [§1915.172(b)]
(c) The relief valves on the portable, unfired pressure vessels in paragraphs (a) and (b) of this section shall be set to the safe working pressure of the vessels, or set to the lowest safe working pressure of the systems, whichever is lower.
[§1915.172(c)]
(d) A certification record of such examinations and tests made in compliance with the requirements of paragraphs (a) and (b) of this section shall be maintained. The certification record shall include the date of examinations and tests, the signature of the person who performed the examinations or tests and the serial number, or other identifier, of the equipment examined and tested.
[§1915.172(d)]
[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986; 67 FR 44545, July 3, 2002]
§1915.173
Drums and containers
(a) Shipping drums and containers shall not be pressurized to remove their contents. [§1915.173(a)]
(b) A temporarily assembled pressurized piping system conveying hazardous liquids or gases shall be provided with a relief valve and by-pass to prevent rupture of the system and the escape of such hazardous liquids or gases. [§1915.173(b)]
(c) Pressure vessels, drums and containers containing toxic or flammable liquids or gases shall not be stored or used where they are subject to open flame, hot metal, or other sources of artificial heat. [§1915.173(c)]
(d) Unless pressure vessels, drums and containers of 30 gallon capacity or over containing flammable or toxic liquids or gases are placed in an out-of-the-way area where they will not be subject to physical injury from an outside source, barriers or guards shall be erected to protect them from such physical injury. [§1915.173(d)]
(e) Containers of 55 gallons or more capacity containing flammable or toxic liquid shall be surrounded by dikes or pans which enclose a volume equal to at least 35 percent of the total volume of the containers. [§1915.173(e)]
(f) Fire extinguishers adequate in number and suitable for the hazard shall be provided. These extinguishers shall be located in the immediate area where pressure vessels, drums and containers containing flammable liquids or gases are stored or in use. Such extinguishers shall be ready for use at all times. [§1915.173(f)]
Subpart L – Electrical Machinery
§1915.181
Electrical circuits and distribution boards
(a) The provisions of this section shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking. [§1915.181(a)]
(b) Before an employee is permitted to work on an electrical circuit, except when the circuit must remain energized for testing and adjusting, the circuit shall be deenergized and checked at the point at which the work is to be done to insure that it is actually deenergized. When testing or adjusting an energized circuit a rubber mat, duck board, or other suitable insulation shall be used underfoot where an insulated deck does not exist. [§1915.181(b)]
(c) De-energizing the circuit shall be accomplished by opening the circuit breaker, opening the switch, or removing the fuse, whichever method is appropriate. The circuit breaker, switch, or fuse location shall then be locked out or tagged in accordance with §1915.89. [§1915.181(c)]
(d) When work is performed immediately adjacent to an open-front energized board or in back of an energized board, the board shall be covered or some other equally safe means shall be used to prevent contact with any of the energized parts. [§1915.181(d)]
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002; 76 FR 24711, May 2, 2011]
Subpart P – Fire Protection in Shipyard Employment
Source: 69 FR 55702, Sept. 15, 2004, unless otherwise noted.
§1915.501
General provisions
(a) Purpose. The purpose of the standard in this subpart is to require employers to protect all employees from fire hazards in shipyard employment, including employees engaged in fire response activities. [§1915.501(a)]
(b) Scope. This subpart covers employers with employees engaged in shipyard employment aboard vessels and vessel sections, and on land-side operations regardless of geographic location. [§1915.501(b)]
(c) Employee participation. The employer must provide ways for employees or employee representatives, or both to participate in developing and periodically reviewing programs and policies adopted to comply with this subpart. [§1915.501(c)]
(d) Multi-employer worksites — [§1915.501(d)]
(1) Host employer responsibilities. The host employer's responsibilities are to: [§1915.501(d)(1)]
(i) Inform all employers at the worksite about the content of the fire safety plan including hazards, controls, fire safety and health rules, and emergency procedures;
[§1915.501(d)(1)(i)]
(ii) Make sure the safety and health responsibilities for fire protection are assigned as appropriate to other employers at the worksite; and [§1915.501(d)(1)(ii)]
(iii) If there is more than one host employer, each host employer must communicate relevant information about fire-related hazards to other host employers. When a vessel owner or operator (temporarily) becomes a host shipyard employer by directing the work of ships' crews on repair or modification of the vessel or by hiring other contractors directly, the vessel owner or operator must also comply with these provisions for host employers.
[§1915.501(d)(1)(iii)]
(2) Contract employer responsibilities. The contract employer's responsibilities are to: [§1915.501(d)(2)]
(i) Make sure that the host employer knows about the firerelated hazards associated with the contract employer's work and what the contract employer is doing to address them; and [§1915.501(d)(2)(i)]
(ii) Advise the host employer of any previously unidentified fire-related hazards that the contract employer identifies at the worksite. [§1915.501(d)(2)(ii)]
§1915.502
Fire safety plan
(a) Employer responsibilities. The employer must develop and implement a written fire safety plan that covers all the actions that employers and employees must take to ensure employee safety in the event of a fire. (See Appendix A to this subpart for a Model Fire Safety Plan.) [§1915.502(a)]
(b) Plan elements. The employer must include the following information in the fire safety plan: [§1915.502(b)]
(1) Identification of the significant fire hazards; [§1915.502(b)(1)]
(2) Procedures for recognizing and reporting unsafe conditions; [§1915.502(b)(2)]
(3) Alarm procedures; [§1915.502(b)(3)]
(4) Procedures for notifying employees of a fire emergency; [§1915.502(b)(4)]
(5) Procedures for notifying fire response organizations of a fire emergency; [§1915.502(b)(5)]
(6) Procedures for evacuation; [§1915.502(b)(6)]
(7) Procedures to account for all employees after an evacuation; and [§1915.502(b)(7)]
(8) Names, job titles, or departments for individuals who can be contacted for further information about the plan. [§1915.502(b)(8)]
§1915.503 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(c) Reviewing the plan with employees. The employer must review the plan with each employee at the following times: [§1915.502(c)]
(1) Within 90 days of December 14, 2004, for employees who are currently working; [§1915.502(c)(1)]
(2) Upon initial assignment for new employees; and [§1915.502(c)(2)]
(3) When the actions the employee must take under the plan change because of a change in duties or a change in the plan.
[§1915.502(c)(3)]
(d) Additional employer requirements. The employer also must:
[§1915.502(d)]
(1) Keep the plan accessible to employees, employee representatives, and OSHA; [§1915.502(d)(1)]
(2) Review and update the plan whenever necessary, but at least annually; [§1915.502(d)(2)]
(3) Document that affected employees have been informed about the plan as required by paragraph (c) of this section; and [§1915.502(d)(3)]
(4) Ensure any outside fire response organization that the employer expects to respond to fires at the employer's worksite has been given a copy of the current plan. [§1915.502(d)(4)]
(e) Contract employers. Contract employers in shipyard employment must have a fire safety plan for their employees, and this plan must comply with the host employer's fire safety plan.
[§1915.502(e)]
§1915.503
Precautions for hot work
(a) General requirements — [§1915.503(a)]
(1) Designated Areas. The employer may designate areas for hot work in sites such as vessels, vessel sections, fabricating shops, and subassembly areas that are free of fire hazards.
[§1915.503(a)(1)]
(2) Non-designated Areas. [§1915.503(a)(2)]
(i) Before authorizing hot work in a non-designated area, the employer must visually inspect the area where hot work is to be performed, including adjacent spaces, to ensure the area is free of fire hazards, unless a Marine Chemist's certificate or Shipyard Competent Person's log is used for authorization.
[§1915.503(a)(2)(i)]
(ii) The employer shall authorize employees to perform hot work only in areas that are free of fire hazards, or that have been controlled by physical isolation, fire watches, or other positive means. [§1915.503(a)(2)(ii)]
Note to paragraph (a)(2): The requirements of paragraph (a)(2) apply to all hot work operations in shipyard employment except those covered by §1915.14.
(b) Specific requirements — [§1915.503(b)]
(1) Maintaining fire hazard-free conditions. The employer must keep all hot work areas free of new hazards that may cause or contribute to the spread of fire. Unexpected energizing and energy release are covered by 29 CFR 1915.181, Subpart L. Exposure to toxic and hazardous substances is covered in 29 CFR 1915.1000 through 1915.1450, subpart Z. [§1915.503(b)(1)]
(2) Fuel gas and oxygen supply lines and torches. The employer must make sure that: [§1915.503(b)(2)]
(i) No unattended fuel gas and oxygen hose lines or torches are in confined spaces; [§1915.503(b)(2)(i)]
(ii) No unattended charged fuel gas and oxygen hose lines or torches are in enclosed spaces for more than 15 minutes; and [§1915.503(b)(2)(ii)]
(iii) All fuel gas and oxygen hose lines are disconnected at the supply manifold at the end of each shift; [§1915.503(b)(2)(iii)]
(iv) All disconnected fuel gas and oxygen hose lines are rolled back to the supply manifold or to open air to disconnect the torch; or extended fuel gas and oxygen hose lines are not reconnected at the supply manifold unless the lines are given a positive means of identification when they were first connected and the lines are tested using a drop test or other positive means to ensure the integrity of fuel gas and oxygen burning system. [§1915.503(b)(2)(iv)]
§1915.504 Fire watches
(a) Written fire watch policy. The employer must create and keep current a written policy that specifies the following requirements for employees performing fire watch in the workplace: [§1915.504(a)]
(1) The training employees must be given §1915.508(c) contains detailed fire watch training requirements); [§1915.504(a)(1)]
(2) The duties employees are to perform; [§1915.504(a)(2)]
(3) The equipment employees must be given; and [§1915.504(a)(3)]
(4) The personal protective equipment (PPE) that must be made available and worn as required by 29 CFR Part 1915, Subpart I. [§1915.504(a)(4)]
(b) Posting fire watches. The employer must post a fire watch if during hot work any of the following conditions are present:
[§1915.504(b)]
(1) Slag, weld splatter, or sparks might pass through an opening and cause a fire; [§1915.504(b)(1)]
(2) Fire-resistant guards or curtains are not used to prevent ignition of combustible materials on or near decks, bulkheads, partitions, or overheads; [§1915.504(b)(2)]
(3) Combustible material closer than 35 ft. (10.7m) to the hot work in either the horizontal or vertical direction cannot be removed, protected with flame-proof covers, or otherwise shielded with metal or fire-resistant guards or curtains; [§1915.504(b)(3)]
(4) The hot work is carried out on or near insulation, combustible coatings, or sandwich-type construction that cannot be shielded, cut back, or removed, or in a space within a sandwich type construction that cannot be inerted; [§1915.504(b)(4)]
(5) Combustible materials adjacent to the opposite sides of bulkheads, decks, overheads, metal partitions, or sandwich-type construction may be ignited by conduction or radiation; [§1915.504(b)(5)]
(6) The hot work is close enough to cause ignition through heat radiation or conduction on the following: [§1915.504(b)(6)]
(i) Insulated pipes, bulkheads, decks, partitions, or overheads; or [§1915.504(b)(6)(i)]
(ii) Combustible materials and/or coatings; [§1915.504(b)(6)(ii)]
(7) The work is close enough to unprotected combustible pipe or cable runs to cause ignition; or [§1915.504(b)(7)]
(8) A Marine Chemist, a Coast Guard-authorized person, or a shipyard Competent Person, as defined in 29 CFR Part 1915, Subpart B, requires that a fire watch be posted. [§1915.504(b)(8)]
(c) Assigning employees to fire watch duty. [§1915.504(c)]
(1) The employer must not assign other duties to a fire watch while the hot work is in progress. [§1915.504(c)(1)]
(2) Employers must ensure that employees assigned to fire watch duty: [§1915.504(c)(2)]
(i) Have a clear view of and immediate access to all areas included in the fire watch; [§1915.504(c)(2)(i)]
(ii) Are able to communicate with workers exposed to hot work; [§1915.504(c)(2)(ii)]
(iii) Are authorized to stop work if necessary and restore safe conditions within the hot work area; [§1915.504(c)(2)(iii)]
(iv) Remain in the hot work area for at least 30 minutes after completion of the hot work, unless the employer or its representative surveys the exposed area and makes a determination that there is no further fire hazard;
[§1915.504(c)(2)(iv)]
(v) Are trained to detect fires that occur in areas exposed to the hot work; [§1915.504(c)(2)(v)]
(vi) Attempt to extinguish any incipient stage fires in the hot work area that are within the capability of available equipment and within the fire watch's training qualifications, as defined in §1915.508; [§1915.504(c)(2)(vi)]
(vii) Alert employees of any fire beyond the incipient stage; and [§1915.504(c)(2)(vii)]
(viii) If unable to extinguish fire in the areas exposed to the hot work, activate the alarm. [§1915.504(c)(2)(viii)]
(3) The employer must ensure that employees assigned to fire watch are physically capable of performing these duties.
[§1915.504(c)(3)]
§1915.505 Fire response
(a) Employer responsibilities. The employer must: [§1915.505(a)]
(1) Decide what type of response will be provided and who will provide it; and [§1915.505(a)(1)]
(2) Create, maintain, and update a written policy that: [§1915.505(a)(2)]
(i) Describes the internal and outside fire response organizations that the employer will use; and [§1915.505(a)(2)(i)]
(ii) Defines what evacuation procedures employees must follow, if the employer chooses to require a total or partial evacuation of the worksite at the time of a fire. [§1915.505(a)(2)(ii)]
(b) Required written policy information — [§1915.505(b)]
(1) Internal fire response. If an internal fire response is to be used, the employer must include the following information in the employer's written policy: [§1915.505(b)(1)]
(i) The basic structure of the fire response organization; [§1915.505(b)(1)(i)]
(ii) The number of trained fire response employees; [§1915.505(b)(1)(ii)]
(iii) The fire response functions that may need to be carried out; [§1915.505(b)(1)(iii)]
(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each type of fire response at the employer's facility; [§1915.505(b)(1)(iv)]
(v) The type, amount, and frequency of training that must be given to fire response employees; and [§1915.505(b)(1)(v)]
(vi) The procedures for using protective clothing and equipment. [§1915.505(b)(1)(vi)]
(2) Outside fire response. If an outside fire response organization is used, the employer must include the following information in the written policy: [§1915.505(b)(2)]
(i) The types of fire suppression incidents to which the fire response organization is expected to respond at the employer's facility or worksite; [§1915.505(b)(2)(i)]
(ii) The liaisons between the employer and the outside fire response organizations; and [§1915.505(b)(2)(ii)]
(iii) A plan for fire response functions that: [§1915.505(b)(2)(iii)]
[A] Addresses procedures for obtaining assistance from the outside fire response organization; [§1915.505(b)(2)(iii)[A]]
[B] Familiarizes the outside fire response organization with the layout of the employer's facility or worksite, including access routes to controlled areas, and site-specific operations, occupancies, vessels or vessel sections, and hazards; and, [§1915.505(b)(2)(iii)[B]]
[C] Sets forth how hose and coupling connection threads are to be made compatible and includes where the adapter couplings are kept; or [§1915.505(b)(2)(iii)[C]]
[D] States that the employer will not allow the use of incompatible hose connections. [§1915.505(b)(2)(iii)[D]]
(3) A combination of internal and outside fire response. If a combination of internal and outside fire response is to be used, the employer must include the following information, in addition to the requirements in paragraphs (b)(1) and (2) of this section, in the written policy: [§1915.505(b)(3)]
(i) The basic organizational structure of the combined fire response; [§1915.505(b)(3)(i)]
(ii) The number of combined trained fire responders; [§1915.505(b)(3)(ii)]
(iii) The fire response functions that may need to be carried out; [§1915.505(b)(3)(iii)]
(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each particular type of fire response at the worksite; and [§1915.505(b)(3)(iv)]
(v) The type, amount, and frequency of joint training with outside fire response organizations if given to fire response employees. [§1915.505(b)(3)(v)]
(4) Employee evacuation. The employer must include the following information in the employer's written policy: [§1915.505(b)(4)]
(i) Emergency escape procedures; [§1915.505(b)(4)(i)]
(ii) Procedures to be followed by employees who may remain longer at the worksite to perform critical shipyard employment operations during the evacuation; [§1915.505(b)(4)(ii)]
(iii) Procedures to account for all employees after emergency evacuation is completed; [§1915.505(b)(4)(iii)]
(iv) The preferred means of reporting fires and other emergencies; and [§1915.505(b)(4)(iv)]
(v) Names or job titles of the employees or departments to be contacted for further information or explanation of duties. [§1915.505(b)(4)(v)]
(5) Rescue and emergency response. The employer must include the following information in the employer's written policy: [§1915.505(b)(5)]
(i) A description of the emergency rescue procedures; and [§1915.505(b)(5)(i)]
(ii) Names or job titles of the employees who are assigned to perform them. [§1915.505(b)(5)(ii)]
(c) Medical requirements for shipyard fire response employees. The employer must ensure that: [§1915.505(c)]
(1) All fire response employees receive medical examinations to assure that they are physically and medically fit for the duties they are expected to perform; [§1915.505(c)(1)]
(2) Fire response employees, who are required to wear respirators in performing their duties, meet the medical requirements of §1915.154; [§1915.505(c)(2)]
(3) Each fire response employee has an annual medical examination; and [§1915.505(c)(3)]
(4) The medical records of fire response employees are kept in accordance with §1915.1020. [§1915.505(c)(4)]
(d) Organization of internal fire response functions. The employer must: [§1915.505(d)]
(1) Organize fire response functions to ensure enough resources to conduct emergency operations safely; [§1915.505(d)(1)]
(2) Establish lines of authority and assign responsibilities to ensure that the components of the internal fire response are accomplished; [§1915.505(d)(2)]
(3) Set up an incident management system to coordinate and direct fire response functions, including: [§1915.505(d)(3)]
(i) Specific fire emergency responsibilities; [§1915.505(d)(3)(i)]
(ii) Accountability for all fire response employees participating in an emergency operation; and [§1915.505(d)(3)(ii)]
(iii) Resources offered by outside organizations; and [§1915.505(d)(3)(iii)]
(4) Provide the information required in this paragraph (d) to the outside fire response organization to be used. [§1915.505(d)(4)]
(e) Personal protective clothing and equipment for fire response employees — [§1915.505(e)]
(1) General requirements. The employer must: [§1915.505(e)(1)]
(i) Supply to all fire response employees, at no cost, the appropriate personal protective clothing and equipment they may need to perform expected duties; and [§1915.505(e)(1)(i)]
(ii) Ensure that fire response employees wear the appropriate personal protective clothing and use the equipment, when necessary, to protect them from hazardous exposures.
[§1915.505(e)(1)(ii)]
(2) Thermal stability and flame resistance. The employer must: [§1915.505(e)(2)]
(i) Ensure that each fire response employee exposed to the hazards of flame does not wear clothing that could increase the extent of injury that could be sustained; and [§1915.505(e)(2)(i)]
(ii) Prohibit wearing clothing made from acetate, nylon, or polyester, either alone or in blends, unless it can be shown that: [§1915.505(e)(2)(ii)]
[A] The fabric will withstand the flammability hazard that may be encountered; or [§1915.505(e)(2)(ii)[A]]
[B] The clothing will be worn in such a way to eliminate the flammability hazard that may be encountered.
[§1915.505(e)(2)(ii)[B]]
(3) Respiratory protection. The employer must: [§1915.505(e)(3)]
(i) Provide self-contained breathing apparatus (SCBA) to all fire response employees involved in an emergency operation in an atmosphere that is immediately dangerous to life or health (IDLH), potentially IDLH, or unknown; [§1915.505(e)(3)(i)]
(ii) Provide SCBA to fire response employees performing emergency operations during hazardous chemical emergencies that will expose them to known hazardous chemicals in vapor form or to unknown chemicals;
[§1915.505(e)(3)(ii)]
(iii) Provide fire response employees who perform or support emergency operations that will expose them to hazardous chemicals in liquid form either: [§1915.505(e)(3)(iii)]
[A] SCBA, or [§1915.505(e)(3)(iii)[A]]
[B] Respiratory protective devices certified by the National Institute for Occupational Safety and Health (NIOSH) under 42 CFR Part 84 as suitable for the specific chemical environment; [§1915.505(e)(3)(iii)[B]]
(iv) Ensure that additional outside air supplies used in conjunction with SCBA result in positive pressure systems that are certified by NIOSH under 42 CFR Part 84; [§1915.505(e)(3)(iv)]
(v) Provide only SCBA that meet the requirements of NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services (incorporated by reference, see §1915.5); and [§1915.505(e)(3)(v)]
(vi) Ensure that the respiratory protection program and all respiratory protection equipment comply with §1915.154. [§1915.505(e)(3)(vi)]
(4) Interior structural firefighting operations. The employer must: [§1915.505(e)(4)]
(i) Supply at no cost to all fire response employees exposed to the hazards of shipyard fire response, a helmet, gloves, footwear, and protective hoods, and either a protective coat and trousers or a protective coverall; and [§1915.505(e)(4)(i)]
(ii) Ensure that this equipment meets the applicable recommendations in NFPA 1971-2000 Standard on Protective Ensemble for Structural Fire Fighting (incorporated by reference, see §1915.5). [§1915.505(e)(4)(ii)]
(5) Proximity firefighting operations. The employer must provide, at no cost, to all fire response employees who are exposed to the hazards of proximity firefighting, appropriate protective
§1915.506 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
proximity clothing meets the applicable recommendations in NFPA 1976-2000 Standard on Protective Ensemble for Proximity Fire Fighting (incorporated by reference, see §1915.5).
[§1915.505(e)(5)]
(6) Personal Alert Safety System (PASS) devices. The employer must: [§1915.505(e)(6)]
(i) Provide each fire response employee involved in firefighting operations with a PASS device; and [§1915.505(e)(6)(i)]
(ii) Ensure that each PASS device meets the recommendations in NFPA 1982-1998 Standard on Personal Alert Safety Systems (PASS), (incorporated by reference, see §1915.5). [§1915.505(e)(6)(ii)]
(7) Life safety ropes, body harnesses, and hardware. The employer must ensure that: [§1915.505(e)(7)]
(i) All life safety ropes, body harnesses, and hardware used by fire response employees for emergency operations meet the applicable recommendations in NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components (incorporated by reference, see §1915.5); [§1915.505(e)(7)(i)]
(ii) Fire response employees use only Class I body harnesses to attach to ladders and aerial devices; and [§1915.505(e)(7)(ii)]
(iii) Fire response employees use only Class II and Class III body harnesses for fall arrest and rappelling operations. [§1915.505(e)(7)(iii)]
(f) Equipment maintenance — [§1915.505(f)]
(1) Personal protective equipment. The employer must inspect and maintain personal protective equipment used to protect fire response employees to ensure that it provides the intended protection. [§1915.505(f)(1)]
(2) Fire response equipment. The employer must: [§1915.505(f)(2)]
(i) Keep fire response equipment in a state of readiness;
[§1915.505(f)(2)(i)]
(ii) Standardize all fire hose coupling and connection threads throughout the facility and on vessels and vessel sections by providing the same type of hose coupling and connection threads for hoses of the same or similar diameter; and [§1915.505(f)(2)(ii)]
(iii) Ensure that either all fire hoses and coupling connection threads are the same within a facility or vessel or vessel section as those used by the outside fire response organization, or supply suitable adapter couplings if such an organization is expected to use the fire response equipment within a facility or vessel or vessel section. [§1915.505(f)(2)(iii)]
[69 FR 55702, Sept. 15, 2004, as amended at 71 FR 60847, Oct. 17, 2006]
§1915.506
Hazards of fixed extinguishing systems on board vessels and vessel sections
(a) Employer responsibilities. The employer must comply with the provisions of this section whenever employees are exposed to fixed extinguishing systems that could create a dangerous atmosphere when activated in vessels and vessel sections, regardless of geographic location. [§1915.506(a)]
(b) Requirements for automatic and manual systems. Before any work is done in a space equipped with fixed extinguishing systems, the employer must either: [§1915.506(b)]
(1) Physically isolate the systems or use other positive means to prevent the systems' discharge; or [§1915.506(b)(1)]
(2) Ensure employees are trained to recognize: [§1915.506(b)(2)]
(i) Systems' discharge and evacuation alarms and the appropriate escape routes; and [§1915.506(b)(2)(i)]
(ii) Hazards associated with the extinguishing systems and agents including the dangers of disturbing system components and equipment such as piping, cables, linkages, detection devices, activation devices, and alarm devices. [§1915.506(b)(2)(ii)]
(c) Sea and dock trials. During trials, the employer must ensure that all systems shall remain operational. [§1915.506(c)]
(d) Doors and hatches. The employer must: [§1915.506(d)]
(1) Take protective measures to ensure that all doors, hatches, scuttles, and other exit openings remain working and accessible for escape in the event the systems are activated; and [§1915.506(d)(1)]
(2) Ensure that all inward opening doors, hatches, scuttles, and other potential barriers to safe exit are removed, locked open, braced, or otherwise secured so that they remain open and accessible for escape if systems' activation could result in a positive pressure in the protected spaces sufficient to impede escape. [§1915.506(d)(2)]
(e) Testing the system. [§1915.506(e)]
(1) When testing a fixed extinguishing system involves a total discharge of extinguishing medium into a space, the employer must evacuate all employees from the space and assure that no employees remain in the space during the discharge. The employer must retest the atmosphere in accordance with §1915.12 to ensure that the oxygen levels are safe for employees to enter. [§1915.506(e)(1)]
(2) When testing a fixed extinguishing system does not involve a total discharge of the systems extinguishing medium, the employer must make sure that the system's extinguishing medium is physically isolated and that all employees not directly involved in the testing are evacuated from the protected space. [§1915.506(e)(2)]
(f) Conducting system maintenance. Before conducting maintenance on a fixed extinguishing system, the employer must ensure that the system is physically isolated. [§1915.506(f)]
(g) Using fixed manual extinguishing systems for fire protection. If fixed manual extinguishing systems are used to provide fire protection for spaces in which the employees are working, the employer must ensure that: [§1915.506(g)]
(1) Only authorized employees are allowed to activate the system; [§1915.506(g)(1)]
(2) Authorized employees are trained to operate and activate the systems; and [§1915.506(g)(2)]
(3) All employees are evacuated from the protected spaces, and accounted for, before the fixed manual extinguishing system is activated. [§1915.506(g)(3)]
§1915.507
Land-side fire protection systems
(a) Employer responsibilities. The employer must ensure all fixed and portable fire protection systems needed to meet an OSHA standard for employee safety or employee protection from fire hazards in land-side facilities, including, but not limited to, buildings, structures, and equipment, meet the requirements of this section. [§1915.507(a)]
(b) Portable fire extinguishers and hose systems. [§1915.507(b)]
(1) The employer must select, install, inspect, maintain, and test all portable fire extinguishers according to NFPA 10-2002 Standard for Portable Fire Extinguishers (incorporated by reference, see §1915.5). [§1915.507(b)(1)]
(2) The employer is permitted to use Class II or Class III hose systems, in accordance with NFPA 10-2002 (incorporated by reference, see §1915.5), as portable fire extinguishers if the employer selects, installs, inspects, maintains, and tests those systems according to the specific recommendations in NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems (incorporated by reference, see §1915.5). [§1915.507(b)(2)]
(c) General requirements for fixed extinguishing systems. The employer must: [§1915.507(c)]
(1) Ensure that any fixed extinguishing system component or extinguishing agent is approved by an OSHA Nationally Recognized Testing Laboratory, meeting the requirements of 29 CFR 1910.7, for use on the specific hazards the employer expects it to control or extinguish; [§1915.507(c)(1)]
(2) Notify employees and take the necessary precautions to ensure employees are safe from fire if for any reason a fire extinguishing system stops working, until the system is working again; [§1915.507(c)(2)]
(3) Ensure all repairs to fire extinguishing systems and equipment are done by a qualified technician or mechanic; [§1915.507(c)(3)]
(4) Provide and ensure employees use proper personal protective equipment when entering discharge areas in which the atmosphere remains hazardous to employee safety or health, or provide safeguards to prevent employees from entering those areas. See §1915.12 for additional requirements applicable to safe entry into spaces containing dangerous atmospheres; [§1915.507(c)(4)]
(5) Post hazard warning or caution signs at both the entrance to and inside of areas protected by fixed extinguishing systems that use extinguishing agents in concentrations known to be hazardous to employee safety or health; and [§1915.507(c)(5)]
(6) Select, install, inspect, maintain, and test all automatic fire detection systems and emergency alarms according to NFPA 72-2002 National Fire Alarm Code (incorporated by reference, see §1915.5) [§1915.507(c)(6)]
(d) Fixed extinguishing systems. The employer must select, install, maintain, inspect, and test all fixed systems required by OSHA as follows: [§1915.507(d)]
(1) Standpipe and hose systems according to NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems (incorporated by reference, see §1915.5); [§1915.507(d)(1)]
(2) Automatic sprinkler systems according to NFPA 25-2002 Standard for the Inspection, Testing, and Maintenance of Waterbased Fire Protection Systems, (incorporated by reference, see §1915.5), and either [§1915.507(d)(2)] (i) NFPA 13-2002 Standard for the Installation of Sprinkler Systems (incorporated by reference, see §1915.5), or (ii) NFPA 750-2003 Standard on Water Mist Fire Protection Systems (incorporated by reference, see §1915.5); [§1915.507(d)(2)(i)]
(3) Fixed extinguishing systems that use water or foam as the extinguishing agent according to NFPA 15-2001 Standard for Water Spray Fixed Systems for Fire Protection (incorporated by reference, see §1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam (incorporated by reference, see §1915.5); [§1915.507(d)(3)]
(4) Fixed extinguishing systems using dry chemical as the extinguishing agent according to NFPA 17-2002 Standard for Dry Chemical Extinguishing Systems (incorporated by reference, see §1915.5); and [§1915.507(d)(4)]
(5) Fixed extinguishing systems using gas as the extinguishing agent according to NFPA 12-2005 Standard on Carbon Dioxide Extinguishing Systems (incorporated by reference, see §1915.5); NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems (incorporated by reference, see §1915.5); and NFPA 2001-2004 Standard on Clean Agent Fire Extinguishing Systems (incorporated by reference, see §1915.5).
[§1915.507(d)(5)]
[69 FR 55702, Sept. 15, 2004, as amended at 71 FR 60847, Oct. 17, 2006] §1915.508
Training
(a) The employer must train employees in the applicable requirements of this section: [§1915.508(a)]
(1) Within 90 days of December 14, 2004, for employees currently working; [§1915.508(a)(1)]
(2) Upon initial assignment for new employees; and [§1915.508(a)(2)]
(3) When necessary to maintain proficiency for employees previously trained. [§1915.508(a)(3)]
(b) Employee training. The employer must ensure that all employees are trained on: [§1915.508(b)]
(1) The emergency alarm signals, including system discharge alarms and employee evacuation alarms; and [§1915.508(b)(1)]
(2) The primary and secondary evacuation routes that employees must use in the event of a fire in the workplace. While all vessels and vessel sections must have a primary evacuation route, a secondary evacuation route is not required when impracticable.
[§1915.508(b)(2)]
(c) Additional training requirements for employees expected to fight incipient stage fires. The employer must ensure that employees expected to fight incipient stage fires are trained on the following: [§1915.508(c)]
(1) The general principles of using fire extinguishers or hose lines, the hazards involved with incipient firefighting, and the procedures used to reduce these hazards; [§1915.508(c)(1)]
(2) The hazards associated with fixed and portable fire protection systems that employees may use or to which they may be exposed during discharge of those systems; and [§1915.508(c)(2)]
(3) The activation and operation of fixed and portable fire protection systems that the employer expects employees to use in the workplace. [§1915.508(c)(3)]
(d) Additional training requirements for shipyard employees designated for fire response. The employer must: [§1915.508(d)]
(1) Have a written training policy stating that fire response employees must be trained and capable of carrying out their duties and responsibilities at all times; [§1915.508(d)(1)]
(2) Keep written standard operating procedures that address anticipated emergency operations and update these procedures as necessary; [§1915.508(d)(2)]
(3) Review fire response employee training programs and handson sessions before they are used in fire response training to make sure that fire response employees are protected from hazards associated with fire response training; [§1915.508(d)(3)]
(4) Provide training for fire response employees that ensures they are capable of carrying out their duties and responsibilities under the employer's standard operating procedures; [§1915.508(d)(4)]
(5) Train new fire response employees before they engage in emergency operations; [§1915.508(d)(5)]
(6) At least quarterly, provide training on the written operating procedures to fire response employees who are expected to fight fires; [§1915.508(d)(6)]
(7) Use qualified instructors to conduct the training; [§1915.508(d)(7)]
(8) Conduct any training that involves live fire response exercises in accordance with NFPA 1403-2002 Standard on Live Fire Training Evolutions (incorporated by reference, see §1915.5); [§1915.508(d)(8)]
(9) Conduct semi-annual drills according to the employer's written procedures for fire response employees that cover site-specific operations, occupancies, buildings, vessels and vessel sections, and fire-related hazards; and [§1915.508(d)(9)]
(10) Prohibit the use of smoke generating devices that create a dangerous atmosphere in training exercises. [§1915.508(d)(10)]
(e) Additional training requirements for fire watch duty.
[§1915.508(e)]
(1) The employer must ensure that each fire watch is trained by an instructor with adequate fire watch knowledge and experience to cover the items as follows: [§1915.508(e)(1)]
(i) Before being assigned to fire watch duty; [§1915.508(e)(1)(i)]
(ii) Whenever there is a change in operations that presents a new or different hazard; [§1915.508(e)(1)(ii)]
(iii) Whenever the employer has reason to believe that the fire watch's knowledge, skills, or understanding of the training previously provided is inadequate; and [§1915.508(e)(1)(iii)]
(iv) Annually. [§1915.508(e)(1)(iv)]
(2) The employer must ensure that each employee who stands fire watch duty is trained in: [§1915.508(e)(2)]
(i) The basics of fire behavior, the different classes of fire and of extinguishing agents, the stages of fire, and methods for extinguishing fires; [§1915.508(e)(2)(i)]
(ii) Extinguishing live fire scenarios whenever allowed by local and federal law; [§1915.508(e)(2)(ii)]
(iii) The recognition of the adverse health effects that may be caused by exposure to fire; [§1915.508(e)(2)(iii)]
(iv) The physical characteristics of the hot work area; [§1915.508(e)(2)(iv)]
(v) The hazards associated with fire watch duties; [§1915.508(e)(2)(v)]
(vi) The personal protective equipment (PPE) needed to perform fire watch duties safely; [§1915.508(e)(2)(vi)]
(vii) The use of PPE; [§1915.508(e)(2)(vii)]
(viii) The selection and use of any fire extinguishers and fire hoses likely to be used by a fire watch in the work area; [§1915.508(e)(2)(viii)]
(ix) The location and use of barriers; [§1915.508(e)(2)(ix)]
(x) The means of communication designated by the employer for fire watches; [§1915.508(e)(2)(x)]
(xi) When and how to start fire alarm procedures; and [§1915.508(e)(2)(xi)]
(xii) The employer's evacuation plan. [§1915.508(e)(2)(xii)]
(3) The employer must ensure that each fire watch is trained to alert others to exit the space whenever: [§1915.508(e)(3)]
(i) The fire watch perceives an unsafe condition; [§1915.508(e)(3)(i)]
(ii) The fire watch perceives that a worker performing hot work is in danger; [§1915.508(e)(3)(ii)]
(iii) The employer or a representative of the employer orders an evacuation; or [§1915.508(e)(3)(iii)]
(iv) An evacuation signal, such as an alarm, is activated. [§1915.508(e)(3)(iv)]
(f) Records. The employer must keep records that demonstrate that employees have been trained as required by paragraphs (a) through (e) of this section. [§1915.508(f)]
(1) The employer must ensure that the records include the employee's name; the trainer's name; the type of training; and the date(s) on which the training took place. [§1915.508(f)(1)]
(2) The employer must keep each training record for one year from the time it was made or until it is replaced with a new training record, whichever is shorter, and make it available for inspection and copying by OSHA on request. [§1915.508(f)(2)]
§1915.509
Definitions applicable to this subpart
Alarm — a signal or message from a person or device that indicates that there is a fire, medical emergency, or other situation that requires emergency response or evacuation. At some shipyards, this may be called an “incident” or a “call for service.”
Alarm system — a system that warns employees at the worksite of danger.
Body harness — a system of straps that may be secured about the employee in a manner that will distribute the fall arrest forces over at
Subpart P Appendix A Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
least the thighs, shoulders, chest, and pelvis, with means for attaching it to other components of a personal fall arrest system.
Class II standpipe system — a 11⁄2 inch (3.8 cm) hose system which provides a means for the control or extinguishment of incipient stage fires.
Contract employer — an employer, such as a painter, joiner, carpenter, or scaffolding sub-contractor, who performs work under contract to the host employer or to another employer under contract to the host employer at the host employer's worksite. This excludes employers who provide incidental services that do not influence shipyard employment (such as mail delivery or office supply services).
Dangerous atmosphere — an atmosphere that may expose employees to the risk of death, incapacitation, injury, acute illness, or impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space).
Designated area — an area established for hot work after an inspection that is free of fire hazards.
Drop Test — a method utilizing gauges to ensure the integrity of an oxygen fuel gas burning system. The method requires that the burning torch is installed to one end of the oxygen and fuel gas lines and then the gauges are attached to the other end of the hoses. The manifold or cylinder supply valve is opened and the system is pressurized. The manifold or cylinder supply valve is then closed and the gauges are watched for at least sixty (60) seconds. Any drop in pressure indicates a leak.
Emergency operations — activities performed by fire response organizations that are related to: rescue, fire suppression, emergency medical care, and special operations or activities that include responding to the scene of an incident and all activities performed at that scene.
Fire hazard — a condition or material that may start or contribute to the spread of fire.
Fire protection — methods of providing fire prevention, response, detection, control, extinguishment, and engineering.
Fire response — the activity taken by the employer at the time of an emergency incident involving a fire at the worksite, including fire suppression activities carried out by internal or external resources or a combination of both, or total or partial employee evacuation of the area exposed to the fire.
Fire response employee — a shipyard employee who carries out the duties and responsibilities of shipyard firefighting in accordance with the fire safety plan.
Fire response organization — an organized group knowledgeable, trained, and skilled in shipyard firefighting operations that responds to shipyard fire emergencies, including: fire brigades, shipyard fire departments, private or contractual fire departments, and municipal fire departments.
Fire suppression — the activities involved in controlling and extinguishing fires.
Fire watch — the activity of observing and responding to the fire hazards associated with hot work in shipyard employment and the employees designated to do so.
Fixed extinguishing system — a permanently installed fire protection system that either extinguishes or controls fire occurring in the space it protects.
Flammable liquid — any liquid having a flashpoint below 100 °F (37.8 °C), except any mixture having components with flashpoints of 100 °F (37.8 °C) or higher, the total of which make up 99 percent or more of the total volume of the mixture.
Hazardous substance — a substance likely to cause injury by reason of being explosive, flammable, poisonous, corrosive, oxidizing, an irritant, or otherwise harmful.
Hose systems — fire protection systems consisting of a water supply, approved fire hose, and a means to control the flow of water at the output end of the hose.
Host employer — an employer who is in charge of coordinating work or who hires other employers to perform work at a multiemployer workplace.
Incident management system — a system that defines the roles and responsibilities to be assumed by personnel and the operating procedures to be used in the management and direction of emergency operations; the system is also referred to as an “incident command system” (ICS).
Incipient stage fire — a fire, in the initial or beginning stage, which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.
Inerting — the displacement of the atmosphere in a permit space by noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible. This procedure produces an IDLH oxygen-deficient atmosphere.
Interior structural firefighting operations — the physical activity of fire response, rescue, or both involving a fire beyond the incipient stage inside of buildings, enclosed structures, vessels, and vessel sections.
Multi-employer workplace — a workplace where there is a host employer and at least one contract employer.
Personal Alert Safety System (PASS) — a device that sounds a loud signal if the wearer becomes immobilized or is motionless for 30 seconds or more.
Physical isolation — the elimination of a fire hazard by removing the hazard from the work area (at least 35 feet for combustibles), by covering or shielding the hazard with a fire-resistant material, or physically preventing the hazard from entering the work area.
Physically isolated — positive isolation of the supply from the distribution piping of a fixed extinguishing system. Examples of ways to physically isolate include: removing a spool piece and installing a blank flange; providing a double block and bleed valve system; or completely disconnecting valves and piping from all cylinders or other pressure vessels containing extinguishing agents.
Protected space — any space into which a fixed extinguishing system can discharge.
Proximity firefighting — specialized fire-fighting operations that require specialized thermal protection and may include the activities of rescue, fire suppression, and property conservation at incidents involving fires producing very high levels of conductive, convective, and radiant heat such as aircraft fires, bulk flammable gas fires, and bulk flammable liquid fires. Proximity firefighting operations usually are exterior operations but may be combined with structural firefighting operations. Proximity firefighting is not entry firefighting.
Qualified instructor — a person with specific knowledge, training, and experience in fire response or fire watch activities to cover the material found in §1915.508(b) or (c).
Rescue — locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and transporting the injured to an appropriate health care facility.
Shipyard firefighting — the activity of rescue, fire suppression, and property conservation involving buildings, enclosed structures, vehicles, vessels, aircraft, or similar properties involved in a fire or emergency situation.
Small hose system — a system of hoses ranging in diameter from 5⁄8" (1.6 cm) up to 1 1⁄2" (3.8 cm) which is for the use of employees and which provides a means for the control and extinguishment of incipient stage fires.
Standpipe — a fixed fire protection system consisting of piping and hose connections used to supply water to approved hose lines or sprinkler systems. The hose may or may not be connected to the system.
Subpart P Appendix A
Model Fire Safety Plan (Non-Mandatory)
MODEL FIRE SAFETY PLAN
Note: This appendix is non-mandatory and provides guidance to assist employers in establishing a Fire Safety Plan as required in §1915.502.
Table of Contents
I. Purpose.
II. Work site fire hazards and how to properly control them.
III. Alarm systems and how to report fires.
IV. How to evacuate in different emergency situations.
V. Employee awareness.
I. Purpose
The purpose of this fire safety plan is to inform our employees of how we will control and reduce the possibility of fire in the workplace and to specify what equipment employees may use in case of fire.
II. Work Site Fire Hazards and How To Properly Control Them
A. Measures to contain fires.
B. Teaching selected employees how to use fire protection equipment.
C. What to do if you discover a fire.
D. Potential ignition sources for fires and how to control them.
E. Types of fire protection equipment and systems that can control a fire.
F. The level of firefighting capability present in the facility, vessel, or vessel section.
G. Description of the personnel responsible for maintaining equipment, alarms, and systems that are installed to prevent or control fire ignition sources, and to control fuel source hazards.
III. Alarm Systems and How To Report Fires
A. A demonstration of alarm procedures, if more than one type exists.
B. The work site emergency alarm system.
C. Procedures for reporting fires.
IV. How To Evacuate in Different Emergency Situations
A. Emergency escape procedures and route assignments.
B. Procedures to account for all employees after completing an emergency evacuation.
C. What type of evacuation is needed and what the employee's role is in carrying out the plan.
D. Helping physically impaired employees.
V. Employee Awareness
Names, job titles, or departments of individuals who can be contacted for further information about this plan.
Subpart Z – Toxic and Hazardous Substances
Source: 58 FR 35514, July 1, 1993, unless otherwise noted.
Wherever this section applies, an employee's exposure to any substance listed in Table Z — Shipyards of this section shall be limited in accordance with the requirements of the following paragraphs of this section.
(a) (1) Substances with limits preceded by “C” — Ceiling values. An employee's exposure to any substance in Table Z — Shipyards, the exposure limit of which is preceded by a “C,” shall at no time exceed the exposure limit given for that substance. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time over a working day. [§1915.1000(a)(1)]
(2) Other Substances — 8-hour Time Weighted Averages. An employee's exposure to any substance in Table Z — Shipyards, the exposure limit of which is not preceded by a “C,” shall not exceed the 8-hour Time Weighted Average given for that substance in any 8-hour work shift of a 40-hour work week. [§1915.1000(a)(2)]
(b) [Reserved]
(c) [Reserved] [§1915.1000(c)]
(d) Computation formula. The computation formula which shall apply to employee exposure to more than one substance for which 8-hour time weighted averages are listed in subpart Z of 29 CFR part 1915 in order to determine whether an employee is exposed over the regulatory limit is as follows: [§1915.1000(d)]
(1) (i) The cumulative exposure for an 8-hour work shift shall be computed as follows:
E = (Ca Ta + Cb Tb + ...Cn Tn) ÷ 8
Where:
E is the equivalent exposure for the working shift.
C is the concentration during any period of time T where the concentration remains constant.
T is the duration in hours of the exposure at the concentration C.
The value of E shall not exceed the 8-hour time weighted average specified in subpart Z of 29 CFR part 1915 for the material involved.
(ii) To illustrate the formula prescribed in paragraph (d)(1)(i) of this section, assume that Substance A has an 8-hour time weighted average limit of 100 ppm noted in Table Z — Shipyards. Assume that an employee is subject to the following exposure: [§1915.1000(d)(1)(ii)]
Two hours exposure at 150 ppm
Two hours exposure at 75 ppm
Four hours exposure at 50 ppm
Substituting this information in the formula, we have (2 × 150 + 2 × 75 + 4 × 50) ÷ 8 = 81.25 ppm
Since 81.25 ppm is less than 100 ppm, the 8-hour time weighted average limit, the exposure is acceptable. (2) (i) in case of a mixture of air contaminants an employer shall compute the equivalent exposure as follows:
Em = (C1 ÷ L1 + C2 ÷ L2) + ...(Cn ÷ Ln)
Where:
Em is the equivalent exposure for the mixture. C is the concentration of a particular contaminant. L is the exposure limit for that substance specified in subpart Z of 29 CFR part 1915. The value of Em shall not exceed unity (1).
(ii) To illustrate the formula prescribed in paragraph (d)(2)(i) of this section, consider the following exposures:
[§1915.1000(d)(2)(ii)]
Substituting in the formula, we have:
Em = 500 ÷ 1,000 + 45 ÷ 200 + 40 ÷ 200
Em = 0.500 + 0.225 + 0.200 Em = 0.925
Since Em is less than unity (1), the exposure combination is within acceptable limits.
Acetaldehyde 75-07-0 200 360 —
Acetic acid64-19-71025 —
Acetic
2-Acetylaminofluorine; see §1915.1014
Acetylene 74-86-2 E
Acetylene dichloride; see 1,2-Dichloroethylene
Acetylene tetrabromide 79-27-6 1
Acrolein107-02-80.10.25
Acrylonitrile; see §1915.1045 107-13-1
alcohol107-18-625X
Allyl chloride 107-05-1 1 3 —
Allyl glycidyl ether (AGE)106-92-3(C)10(C)45 —
Allyl propyl disulfide 2179-59-1 2 12 — alpha-Alumina1344-28-1
dust — 15 — Respirable fraction — 5 — Aluminum, (as Al) Metal 7429-90-5
dust — 15 — Respirable fraction — 5 —
Alundum; see alphaAlumina
4-Aminodiphenyl; see §1915.1011 92-67-1
2-Aminoethanol; see Ethanolamine
2-Aminopyridine 504-29-0 0.5 2 — Ammonia7664-41-75035 —
Ammonium sulfamate 7773-06-0 Total dust — 15 —
Respirable fraction — 5 — n-Amyl acetate628-63-7100525 — sec-Amyl acetate 626-38-0 125 650 —
Aniline and homologs62-53-3519X
Anisidine (o-, p-isomers) 29191-52-4 — 0.5 X
Antimony and compounds (as Sb) 7440-36-0 — 0.5 —
ANTU (alpha Naphthylthiourea) 86-88-4 — 0.3 —
Table Z — Shipyards
Abate; see Temephos
§1915.1000 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
Argon7440-37-1E
Arsenic, inorganic compounds (as As); see §1915.1018 7440-38-2 — —
Arsenic, organic compounds (as As) 7440-38-2 — 0.5 —
Arsine 7784-42-1 0.05
Asbestos; see 1915.1001
Azinphos-methyl 86-50-0 —
Barium, soluble compounds (as Ba) 7440-39-3 —
Barium sulfate 7727-43-7
Benomyl17804-35-2
Benzeneg; see §1915.1028 71-43-2
Benzidine; see §1915.101092-87-5
p-Benzoquinone; see Quinone
Benzo(a)pyrene; see Coal tar pitch volatiles
Benzoyl peroxide 94-36-0 — 5 —
Benzyl chloride100-44-715 —
Beryllium and beryllium compounds (as Be); see 1915.1024(q) 7440-41-7 0.002
Biphenyl; see Diphenyl
Bismuth telluride, Undoped 1304-82-1
Bisphenol A; see Diglycidyl ether
Boron oxide 1303-86-2
Boron tribromide 10294-33-4 1 10 —
Boron trifluoride7637-07-2(C)1(C)3 —
Bromine 7726-95-6 0.1 0.7 —
Bromine pentafluoride7789-30-20.10.7 —
Bromoform 75-25-2 0.5 5 X
Butadiene (1,3-Butadiene); see 29 CFR 1910.1051; 29 CFR 1910.19(l) 106-99-0 1 ppm/5 ppm STEL — —
Butanethiol; see Butyl mercaptan
2-Butanone (Methyl ethyl ketone) 78-93-3200590 —
2-Butoxyethanol 111-76-2 50 240 X
n-Butyl-acetate123-86-4150710 —
sec-Butyl acetate 105-46-4 200 950 —
tert-Butyl acetate540-88-5200950 —
n-Butyl alcohol 71-36-3 100 300 —
sec-Butyl alcohol78-92-2150450 —
tert-Butyl alcohol 75-65-0 100 300 —
Butylamine109-73-9(C)5(C)15X
tert-Butyl chromate (as CrO3); see 1915.1026n 1189-85-1
n-Butyl glycidyl ether (BGE)2426-08-650270 —
Butyl mercaptan 109-79-5 0.5 1.5 —
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
p-tert-Butyltoluene98-51-11060 —
Cadmium dust fume (as Cd); see 1915.1027 7440-43-9 — — —
Calcium carbonate1317-65-3 Total dust — 15 —
Respirable fraction — 5 —
Calcium hydroxide 1305-62-0 — —
Calcium hydroxide Total dust — 15 —
Respirable fraction
Calcium oxide 1305-78-8 —
Calcium silicate1344-95-2 Total dust — 15 —
Respirable fraction — 5 —
Calcium sulfate 7778-18-9
dust
Respirable fraction — 5 —
Camphor, synthetic76-22-2 — 2 —
Carbaryl (Sevin) 63-25-2 — 5 —
Carbon black1333-86-4 — 3.5 —
Carbon dioxide 124-38-9 5000 9000 —
Carbon disulfide75-15-02060X
Carbon monoxide 630-08-0 50 55 —
Carbon tetrachloride56-23-51065X
Cellulose 9004-34-6 Total dust — 15 —
Respirable fraction — 5 —
Chlordane57-74-9 — 0.5X
Chlorinated camphene 8001-35-2 — 0.5 X
Chlorinated diphenyl oxide55720-99-5 — 0.5 — Chlorine 7782-50-5 1 3 —
Chlorine trifluoride7790-91-2(C)0.1(C)0.4 —
Chloroacetaldehyde 107-20-0 (C)1 (C)3 —
a-Chloroacetophenone (Phenacyl chloride) 532-27-40.050.3 —
Chlorobenzene 108-90-7 75 350 — o-Chlorobenzylidene malononitrile 2698-41-10.050.4 —
Chlorobromomethane 74-97-5 200 1050 —
2-Chloro-1,3-butadiene; see beta-Chloroprene
Chlorodiphenyl (42% Chlorine) (PCB) 53469-21-9 — 1 X
Chlorodiphenyl (54% Chlorine) (PCB) 11097-69-1 — 0.5X
1-Chloro,2,3epoxypropane; see Epichlorohydrin
2-Chloroethanol; see Ethylene chlorohydrin
Chloroethylene; see Vinyl chloride
Chloroform (Trichloromethane) 67-66-350240 —
bis(Chloromethyl) ether; see §1915.1008 542-88-1
Chloromethyl methyl ether; see §1915.1006 107-30-2
1-Chloro-1-nitropropane 600-25-9 20 100 —
Chloropicrin76-06-20.10.7
Air contaminants
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
beta-Chloroprene 126-99-8 25 90 X
2-Chloro-6-(trichloromethyl) pyridine 1929-82-4
Total dust — 15 —
Respirable fraction — 5 —
Chromium (II) compounds
(as Cr)7440-47-3 — 0.5 —
Chromium (III) compounds
(as Cr)7440-47-3 — 0.5 —
Chromium (VI) compounds; see 1915.1026o
Chromium metal and insol.
salts (as Cr) 7440-47-3 — 1 —
Chrysene; see Coal tar pitch volatiles
Clopidol2971-90-6
Total dust — 15 —
Respirable fraction — 5 —
Coal tar pitch volatiles (benzene soluble fraction), anthracene, BaP, phenanthrene, acridine, chrysene, pyrene 65966-93-2 — 0.2 —
Cobalt metal, dust, and fume (as Co) 7440-48-4 — 0.1 —
Copper 7440-50-8
Fume (as Cu) — 0.1 —
Dusts and mists (as Cu) — 1 —
Corundum; see Emery
Cotton dust (raw) — 1
Crag herbicide (Sesone)136-78-7
Total dust — 15 —
Respirable fraction — 5 —
Cresol, all isomers 1319-77-3 5 22 X
Crotonaldehyde123-73-9;26
4170-30-3
Cumene98-82-850245X
Cyanides (as CN) Varies with Compound — 5 —
Cyanogen460-19-510 — —
Cyclohexane 110-82-7 300 1050 —
Cyclohexanol108-93-050200 —
Cyclohexanone 108-94-1 50 200 —
Cyclohexene110-83-83001015 —
Cyclonite 121-82-4 — 1.5 X
Cyclopentadiene542-92-775200 —
2,4-D (Dichlorophenoxyacetic acid) 94-75-7 — 10 —
Decaborane17702-41-90.050.3X
Demeton (Systox) 8065-48-3 — 0.1 X
Diacetone alcohol (4Hydroxy-4-methyl-2pentanone) 123-42-250240 —
1,2-Diaminoethane; see Ethylenediamine
Diazomethane334-88-30.20.4 —
Diborane 19287-45-7 0.1 0.1 —
1,2-Dibromo-3chloropropane (CBCP); see §1915.1044 96-12-8 —
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
1,2-Dibromoethane; see Ethylene dibromide
Dibutyl phosphate107-66-415 —
Dibutyl phthalate 84-74-2 — 5 —
Dichloroacetylene7572-29-4(C)0.1(C)0.4 —
o-Dichlorobenzene 95-50-1 (C)50 (C)300 — p-Dichlorobenzene106-46-775450 —
3,3'-Dichlorobenzidine; see §1915.1007 91-94-1
Dichlorodifluoromethane75-71-810004950 —
1,3-Dichloro-5,5-dimethyl hydantoin 118-52-5 — 0.2 —
Dichlorodiphenyltrichloroeth ane (DDT) 50-29-3 — 1X
1,1-Dichloroethane 75-34-3 100 400 —
1,2-Dichloroethane; see Ethylene dichloride
1,2-Dichloroethylene 540-59-0 200 790 —
Dichloroethyl ether111-44-4(C)15(C)90X
Dichloromethane; see Methylene chloride
Dichloromonofluoromethane 75-43-410004200 —
1,1-Dichloro-1-nitroethane 594-72-9 (C)10 (C)60 —
1,2-Dichloropropane; see Propylene dichloride
Dichlorotetrafluoroethane 76-14-2 1000 7000 —
Dichlorvos (DDVP)62-73-7 — 1X
Dicyclopentadienyl iron 102-54-5
Total dust — 15 —
Respirable fraction — 5 —
Dieldrin60-57-1 — 0.25X
Diethylamine 109-89-7 25 75 —
2-Diethylaminoethanol100-37-81050 —
Diethylene triamine 111-40-0 (C)10 (C)42 X
Diethyl ether; see Ethyl ether
Difluorodibromomethane 75-61-6 100 860 —
Diglycidyl ether (DGE)2238-07-5(C)0.5(C)2.8 —
Dihydroxybenzene; see Hydroquinone
Diisobutyl ketone108-83-850290 —
Diisopropylamine 108-18-9 5 20 X
4-
Dimethylaminoazobenzene; see §1915.1015 60-11-7
Dimethoxymethane; see Methylal
Dimethyl acetamide127-19-51035X
Dimethylamine 124-40-3 10 18 —
Dimethylaminobenzene; see Xylidine
Dimethylaniline (N,NDimethylaniline) 121-69-7 5 25 X
Dimethylbenzene; see Xylene
Dimethyl-1,2-dibromo- 2,2dichloroethyl phosphate 300-76-5 — 3 —
Dimethylformamide68-12-21030X
2,6-Dimethyl-4-heptanone; see Diisobutyl ketone
1,1-Dimethylhydrazine57-14-70.51X
Dimethylphthalate 131-11-3 — 5 —
§1915.1000 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
Table Z — Shipyards(continued)
Dimethyl sulfate77-78-315X
Dinitrobenzene (all isomers) 1 X (ortho)528-29-0 (meta) 99-65-0
(para)100-25-4
Dinitro-o-cresol 534-52-1 — 0.2 X
Dinitrotoluene25321-14-6 — 1.5X
Dioxane (Diethylene dioxide) 123-91-1 100 360 X
Diphenyl (Biphenyl)92-52-40.21 —
Diphenylamine 122-39-4 — 10 —
Diphenylmethane diisocyanate; see Methylene bisphenyl isocyanate
Dipropylene glycol methyl ether 34590-94-8 100 600 X
Di-sec octyl phthalate (Di(2-ethylhexyl) phthalate) 117-81-7 — 5 —
Emery 12415-34-8 Total dust — 15 —
Respirable fraction — 5 —
Endosulfan115-29-7 — 0.1X
Endrin 72-20-8 — 0.1 X
Epichlorohydrin106-89-8519X
EPN 2104-64-5 — 0.5 X
1,2-Epoxypropane; see Propylene oxide
2,3-Epoxy-1-propanol; see Glycidol
Ethane74-84-0E
Ethanethiol; see Ethyl mercaptan
Ethanolamine141-43-536 —
2-Ethoxyethanol (Cellosolve) 110-80-5 200 740 X
2-Ethoxyethyl acetate (Cellosolve acetate) 111-15-9100540X
Ethyl acetate 141-78-6 400 1400 —
Ethyl acrylate140-88-525100X
Ethyl alcohol (Ethanol) 64-17-5 1000 1900 —
Ethylamine75-04-71018 —
Ethyl amyl ketone (5Methyl-3-heptanone) 541-85-5 25 130 —
Ethyl benzene100-41-4100435 —
Ethyl bromide 74-96-4 200 890 —
Ethyl butyl ketone (3Heptanone) 106-35-450230 —
Ethyl chloride 75-00-3 1000 2600 —
Ethyl ether60-29-74001200 —
Ethyl formate 109-94-4 100 300 —
Ethyl mercaptan75-08-10.51 —
Ethyl silicate 78-10-4 100 850 —
Ethylene74-85-1E
Ethylene chlorohydrin 107-07-3 5 16 X
Ethylenediamine107-15-31025 —
Ethylene dibromide 106-93-4 (C)25 (C)190 X
Ethylene dichloride (1,2Dichloroethane) 107-06-250200 —
Ethylene glycol dinitrate 628-96-6 (C)0.2 (C)1 X
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
Ethylene glycol methyl acetate; see Methyl cellosolve acetate
Ethyleneimine; see §1915.1012 151-56-4
Ethylene oxide; see §1915.1047 75-21-8
Ethylidene chloride; see 1,1-Dichloroethane
N-Ethylmorpholine100-74-32094X
Ferbam 14484-64-1
dust
Ferrovanadium dust 12604-58-9 — 1 —
Fibrous Glass
Fluorides (as F) Varies with compound — 2.5 —
Fluorine7782-41-40.10.2 —
Fluorotrichloromethane (Trichlorofluoromethane) 75-69-4 1000 5600 —
Formaldehyde; see §1915.1048 50-00-0
Formic acid 64-18-6 5 9 —
Furfural98-01-1520X
Furfuryl alcohol 98-00-0 50 200 —
Gasoline8006-61-9 A3 —
Glycerin (mist) 56-81-5
fraction
Glycidol556-52-550150 —
Glycol monoethyl ether; see 2-Ethoxyethanol
Graphite, natural, respirable dust 7782-42-5 (2)(2)(2)
Graphite, synthetic Total dust — 15 —
Respirable fraction — 5 —
Guthion; see Azinphos methyl
Gypsum 13397-24-5
Total dust — 15 — Respirable fraction — 5 —
Hafnium7440-58-6 — 0.5 —
Helium 7440-59-7 E
Heptachlor76-44-8 — 0.5X
Heptane (n-Heptane) 142-82-5 500 2000 — Hexachloroethane67-72-1110X
Hexachloronaphthalene 1335-87-1 — 0.2 X n-Hexane110-54-35001800 — 2-Hexanone (Methyl n-butyl ketone) 591-78-6 100 410 —
Hexone (Methyl isobutyl ketone) 108-10-1100410 — sec-Hexyl acetate 108-84-9 50 300 —
Hydrazine302-01-211.3X
Hydrogen 1333-74-0 E Hydrogen bromide10035-10-6310 —
Hydrogen chloride 7647-01-0 (C)5 (C)7 — Hydrogen cyanide74-90-81011X
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
Hydrogen fluoride (as F) 7664-39-3 3 2 —
Hydrogen peroxide7722-84-111.4 —
Hydrogen selenide (as Se) 7783-07-5 0.05
Hydrogen sulfide7783-06-41015 —
Hydroquinone 123-31-9 — 2 —
Indene95-13-61045 —
Indium and compounds (as In) 7440-74-6 — 0.1 —
Iodine7553-56-2(C)0.1(C)1 —
Iron oxide fume 1309-37-1 — 10 —
Iron salts (soluble) (as Fe) Varies with compound — 1 —
Isoamyl acetate 123-92-2 100 525 —
Isoamyl alcohol (primary and secondary) 123-51-3100360 —
Isobutyl acetate 110-19-0 150 700 —
Isobutyl alcohol78-83-1100300 —
Isophorone 78-59-1 25 140 —
Isopropyl acetate108-21-4250950 —
Isopropyl alcohol 67-63-0 400 980 —
Isopropylamine75-31-0512 —
Isopropyl ether 108-20-3 500 2100 —
Isopropyl glycidyl ether (IGE) 4016-14-250240 —
Kaolin 1332-58-7
Total dust — 15 —
Respirable fraction — 5 —
Ketene463-51-40.50.9 —
Lead, inorganic (as Pb); see §1915.1025 7439-92-1 — — —
Limestone1317-65-3
Total dust — 15 — Respirable fraction — 5 —
Lindane 58-89-9 — 0.5 X
Lithium hydride7580-67-8 — 0.025 —
L.P.G. (Liquefied petroleum gas) 68476-85-7 1000 1800
Magnesite546-93-0
Total dust — 15 —
Respirable fraction — 5 —
Magnesium oxide fume 1309-48-4
Total particulate 15 — —
Malathion 121-75-5
Total dust — 15X
Maleic anhydride 108-31-6 0.25
Manganese compounds (as Mn) 7439-96-5 — (C)5 —
Manganese fume (as Mn) 7439-96-5 — (C)5 —
Marble1317-65-3
Total dust — 15 —
Respirable fraction — 5 —
Mercury (aryl and inorganic)(as Hg) 7439-97-6 0.1 X
Mercury (organo) alkyl compounds (as Hg) 7439-97-6 — 0.01X
Mercury (vapor) (as Hg) 7439-97-6 — 0.1 X
Mesityl oxide141-79-725100 —
Methane 74-82-8 E
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
Methanethiol; see Methyl mercaptan
Methoxychlor 72-43-5 Total dust — 15 —
2-Methoxyethanol (Methyl cellosolve) 109-86-4 25 80 X
2-Methoxyethyl acetate (Methyl cellosolve acetate) 110-49-625120X
Methyl acetate 79-20-9 200 610 —
Methyl acetylene (Propyne)74-99-710001650 —
Methyl acetylenepropadiene mixture (MAPP) 1000 1800 —
Methyl acrylate96-33-31035X
Methylal (Dimethoxymethane) 109-87-5 1000 3100 —
Methyl alcohol67-56-1200260 — Methylamine 74-89-5 10 12 —
Methyl amyl alcohol; see Methyl isobutyl carbinol
Methyl n-amyl ketone 110-43-0 100 465 —
Methyl bromide74-83-9(C)20(C)80X
Methyl butyl ketone; see 2Hexanone
Methyl cellosolve; see 2Methoxyethanol
Methyl cellosolve acetate; see 2-Methoxyethyl acetate
Methyl chloride74-87-3100210 —
Methyl chloroform (1,1,1Trichloroethane) 71-55-6 350 1900 —
Methylcyclohexane108-87-25002000 —
Methylcyclohexanol 25639-42-3 100 470 — o-Methylcyclohexanone583-60-8100460X
Methylene chloride; see §1910.1052
Methyl ethyl ketone (MEK); see 2-Butanone
Methyl formate 107-31-3 100 250 —
Methyl hydrazine (Monomethyl hydrazine) 60-34-4(C)0.2(C)0.35X
Methyl iodide 74-88-4 5 28 X
Methyl isoamyl ketone110-12-3100475 —
Methyl isobutyl carbinol 108-11-2 25 100 X
Methyl isobutyl ketone; see Hexone
Methyl isocyanate 624-83-9 0.02 0.05 X Methyl mercaptan74-93-10.51 —
Methyl methacrylate 80-62-6 100 410 100
Methyl propyl ketone; see 2-Pentanone
Methyl silicate 681-84-5 5 30 — alpha-Methyl styrene98-83-9(C)100(C)480 —
Methylene bisphenyl isocyanate (MDI) 101-68-8 (C)0.02 (C)0.2 —
Mica; see Silicates Mineral wool
Total dust — 15 —
Respirable dust — 5 — Molybdenum (as Mo)7439-98-7
Soluble compounds — 5 — Insoluble compounds
§1915.1000 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
Table Z — Shipyards(continued) Substance
Total dust — 15 —
Monomethyl aniline100-61-829X
Monomethyl hydrazine; see Methyl hydrazine
Morpholine110-91-82070X
Naphtha (Coal tar) 8030-30-6 100 400 —
Naphthalene91-20-31050 —
alpha-Naphthylamine; see §1915.1004 134-32-7
beta-Naphthylamine; see §1915.1009 91-59-8 —
Neon 7440-01-9
Nickel carbonyl (as Ni)13463-39-30.0010.007 —
Nickel, metal and insoluble compounds (as Ni) 7440-02-0 — 1 —
Nickel, soluble compounds (as Ni) 7440-02-0 — 1 —
Nicotine 54-11-5 — 0.5 X
Nitric acid7697-37-225 —
Nitric oxide 10102-43-9 25 30 —
p-Nitroaniline100-01-616X
Nitrobenzene 98-95-3 1 5 X
p-Nitrochlorobenzene100-00-5 — 1X
4-Nitrodiphenyl; see §1915.1003 92-93-3
Nitroethane79-24-3100310 —
Nitrogen 7727-37-9 E
Nitrogen dioxide10102-44-0(C)5(C)9 —
Nitrogen trifluoride 7783-54-2 10 29 —
Nitroglycerin55-63-0(C)0.2(C)2X
Nitromethane 75-52-5 100 250 —
1-Nitropropane108-03-22590 —
2-Nitropropane 79-46-9 25 90 —
N-Nitrosodimethylamine; see §1915.1016 62-79-9 —
Nitrotoluene (all isomers) 5 30 X o-isomer88-72-2; m-isomer 99-08-1; p-isomer99-99-0
Nitrotrichloromethane; see Chloropicrin
Nitrous oxide10024-97-2E
Octachloronaphthalene 2234-13-1 — 0.1 X
Octane111-65-94001900 —
Oil mist, mineral 8012-95-1 — 5 —
Osmium tetroxide (as Os)20816-12-0 — 0.002 —
Oxalic acid 144-62-7 — 1 —
Oxygen difluoride7783-41-70.050.1 —
Ozone 10028-15-6 0.1 0.2 —
Paraquat, respirable dust4685-14-7; — 0.5X 1910-42-5; 2074-50-2
Parathion 56-38-2 — 0.1 —
Particulates not otherwise regulated
Total dust organic and inorganic — 15 —
PCB; see Chlorodiphenyl (42% and 54% chlorine)
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
Pentaborane 19624-22-7 0.005 0.01 — Pentachloronaphthalene1321-64-8 — 0.5X
Pentachlorophenol 87-86-5 — 0.5 X
Pentaerythritol115-77-5
Total dust — 15 — Respirable fraction — 5 —
Pentane 109-66-0 500 1500 —
2-Pentanone (Methyl propyl ketone) 107-87-9200700 —
Perchloroethylene (Tetrachloroethylene) 127-18-4 100 670 —
Perchloromethyl mercaptan594-42-30.10.8 — Perchloryl fluoride 7616-94-6 3 13.5 —
Perlite93763-70-3
fraction — 5 —
Petroleum distillates (Naphtha)(Rubber Solvent) A3 — Phenol108-95-2519X
p-Phenylene diamine 106-50-3 — 0.1 X
Phenyl ether, vapor101-84-817 —
Phenyl ether-biphenyl mixture, vapor 1 7 —
Phenylethylene; see Styrene
Phenyl glycidyl ether (PGE) 122-60-1 10 60 —
Phenylhydrazine100-63-0522X
Phosdrin (Mevinphos) 7786-34-7 — 0.1 X
Phosgene (Carbonyl chloride) 75-44-50.10.4 —
Phosphine 7803-51-2 0.3 0.4 —
Phosphoric acid7664-38-2 — 1 — Phosphorus (yellow) 7723-14-0 — 0.1 —
Phosphorus pentachloride10026-13-8 — 1 —
Phosphorus pentasulfide 1314-80-3 — 1 — Phosphorus trichloride7719-12-20.53 —
Phthalic anhydride 85-44-9 2 12 — Picloram1918-02-1
Total dust — 15 —
Respirable fraction — 5 — Picric acid 88-89-1 — 0.1 — Piperazine dihydrochloride142-64-3 — — X Pindone (2-Pivalyl-1,3indandione) 83-26-1 — 0.1 —
Plaster of Paris26499-65-0
Total dust — 15 —
Respirable fraction — 5 —
Platinum (as Pt) 7440-06-4 Metal — — —
Soluble salts — 0.002 —
Polytetrafluoroethylene decomposition products A2 Portland cement 65997-15-1
Total dust 15 — 10
Respirable fraction 5 — — Propargyl alcohol107-19-71 — X beta-Propriolactone; see §1915.1013 57-57-8 Propionic acid79-09-4 — — —
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
n-Propyl acetate 109-60-4 200 840 —
n-Propyl alcohol71-23-8200500 —
n-Propyl nitrate 627-13-4 25 110 —
Propylene dichloride78-87-575350 —
Propylene imine 75-55-8 2 5 X
Propylene oxide75-56-9100240 —
Propyne; see Methyl acetylene
Pyrethrum8003-34-7 — 5 —
Pyridine 110-86-1 5 15 —
Quinone106-51-40.10.4 —
RDX; see Cyclonite
Rhodium (as Rh), metal fume and insoluble compounds 7440-16-6 — 0.1 —
Rhodium (as Rh), soluble compounds 7440-16-6 — 0.001 —
Ronnel299-84-3 — 10 —
Rotenone 83-79-4 — 5 — Rouge — Total dust — 15 — Respirable fraction — 5 —
Selenium compounds (as Se) 7782-49-2 — 0.2 —
Selenium hexafluoride (as Se) 7783-79-10.050.4 —
Silica, amorphous, precipitated and gel 112926-00-8 (2) (2) (2)
Silica, amorphous, diatomaceous earth, containing less than 1% crystalline silica 61790-53-2 (2)(2)(2)
Silica, crystalline, respirable dust
Cristobalite; see 1915.105314464-46-1
Quartz; see 1915.10535 14808-60-7
Tripoli (as quartz); see 1915.10535 1317-95-9
Tridymite; see 1915.1053 15468-32-3
Silica, fused, respirable dust60676-86-0 (2)(2)(2)
Silicates (less than 1% crystalline silica)
Mica (respirable dust)12001-26-2 (2)(2)(2)
Soapstone, total dust — (2) (2) (2)
Soapstone, respirable dust — (2)(2)(2)
Talc (containing asbestos) — (3) (3) (3)
Talc (containing no asbestos), respirable dust 14807-96-6 (2)(2)(2)
Tremolite, asbestiform (3) (3) (3)
Silicon7440-21-3
Total dust — 15 —
Respirable fraction — 5 —
Silicon carbide 409-21-2 Total dust — 15 —
Respirable fraction — 5 —
Silver, metal and soluble compounds (as Ag) 7440-22-4 — 0.01 —
Soapstone; see Silicates
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
Sodium fluoroacetate62-74-8 — 0.05X
Sodium hydroxide 1310-73-2 — 2 —
Starch9005-25-8
Total dust — 15 —
Respirable fraction — 5 —
Stibine 7803-52-3 0.1 0.5 —
Stoddard solvent8052-41-32001150 —
Strychnine 57-24-9 — 0.15 —
Styrene100-42-510042050
Sucrose 57-50-1
Total dust — 15 —
Respirable fraction — 5 —
Sulfur dioxide7446-09-5513 —
Sulfur hexafluoride 2551-62-4 1000 6000 —
Sulfuric acid7664-93-9 — 1 —
Sulfur monochloride 10025-67-9 1 6 —
Sulfur pentafluoride5714-22-70.0250.25 —
Sulfuryl fluoride 2699-79-8 5 20 —
Systox, see Demeton
2,4,5-T (2,4,5trichlorophenoxyacetic acid) 93-76-5 — 10 —
Talc; see Silicates — Tantalum, metal and oxide dust 7440-25-7 — 5 —
TEDP (Sulfotep)3689-24-5 — 0.2X
Teflon decomposition products A2
Tellurium and compounds (as Te) 13494-80-9 — 0.1 —
Tellurium hexafluoride (as Te) 7783-80-4 0.02 0.2 —
Temephos3383-96-8 Total dust — 15 —
Respirable fraction — 5 —
TEPP (Tetraethyl pyrophosphate) 107-49-3 — 0.05 X
Terphenyls26140-60-3(C)1(C)9 —
1,1,1,2-Tetrachloro-2,2difluoroethane 76-11-9 500 4170 —
1,1,2,2-Tetrachloro-1,2difluoroethane 76-12-05004170 —
1,1,2,2-Tetrachloroethane 79-34-5 5 35 X
Tetrachloroethylene; see Perchloroethylene
Tetrachloromethane; see Carbon tetrachloride
Tetrachloronaphthalene1335-88-2 — 2X
Tetraethyl lead (as Pb) 78-00-2 — 0.1 X
Tetrahydrofuran109-99-9200590 —
Tetramethyl lead, (as Pb) 75-74-1 — 0.15 X
Tetramethyl succinonitrile3333-52-60.53X
Tetranitromethane 509-14-8 1 8 —
Tetryl (2,4,6Trinitrophenylmethylnitrami ne) 479-45-8 — 1.5X
Thallium, soluble compounds (as Tl) 7440-28-0 — 0.1 X
4,4'-Thiobis (6-tert, Butyl-mcresol) 96-69-5
Total dust — 15 —
Respirable fraction — 5 —
§1915.1000
Table Z — Shipyards(continued)
Thiram 137-26-8 — 5 —
Tin, inorganic compounds (except oxides) (as Sn) 7440-31-5 — 2 —
Tin, organic compounds (as Sn) 7440-31-5 — 0.1 —
Tin oxide (as Sn)21651-19-4 —
13463-67-7
Toluene 108-88-3
Toluene-2,4-diisocyanate (TDI) 584-84-9(C)0.02(C)0.14 —
o-Toluidine 95-53-4 5 22 X
Toxaphene; see Chlorinated camphene
Tremolite; see Silicates
Tributyl phosphate126-73-8 — 5 —
1,1,1-Trichloroethane; see Methyl chloroform
1,1,2-Trichloroethane79-00-51045X
Trichloroethylene 79-01-6 100 535 —
Trichloromethane; see Chloroform
Trichloronaphthalene 1321-65-9 — 5 X
1,2,3-Trichloropropane96-18-450300 —
1,1,2-Trichloro-1,2,2trifluoroethane 76-13-1 1000 7600 —
Triethylamine121-44-825100 —
Trifluorobromomethane 75-63-8 1000 6100 —
Trimethyl benzene25551-13-725120 —
2,4,6-Trinitrophenyl; see Picric acid
2,4,6Trinitrophenylmethylnitrami ne; see Tetryl
2,4,6-Trinitrotoluene (TNT) 118-96-7 — 1.5 X
Triorthocresyl phosphate78-30-8 — 0.1 —
Triphenyl phosphate 115-86-6 — 3 —
Tungsten (as W)7440-33-7
Insoluble compounds — 5 — Soluble compounds — 1 —
Turpentine 8006-64-2 100 560 —
Uranium (as U)7440-61-1
Soluble compounds — 0.2 —
Insoluble compounds — 0.2 —
Vanadium 1314-62-1
Respirable dust (as V2 O5) — (C)0.5 — Fume (as V2 O5) — (C)0.1
Vinyl benzene; see Styrene
Vinyl chloride; see §1915.1017 75-01-4
Vinyl cyanide; see Acrylonitrile
Vinyl toluene25013-15-4100480 —
Warfarin 81-81-2 — 0.1 —
Table Z — Shipyards(continued)
Substance CAS No.d ppma* mg/m3,b* Skin Designation
Xylenes (o-, m-, p-isomers)1330-20-7100435 —
Xylidine 1300-73-8 5 25 X Yttrium7440-65-5 — 1 —
Zinc chloride fume 7646-85-7 — 1 —
Zinc oxide fume1314-13-2 — 5 — Zinc oxide 1314-13-2
Total dust — 15 —
Respirable fraction — 5 —
Zinc stearate557-05-1
Total dust — 15 —
Respirable fraction — 5 —
Zirconium compounds (as Zr) 7440-67-7 — 5
Mineral Dusts
SILICA:
Crystalline 250 (k)
(j)
Quartz. Threshold Limit calculated from the formula (p) %SiO2 + 5
Cristobalite
Amorphous, including natural diatomaceous earth20
SILICATES (less than 1% crystalline silica) Mica20
Portland cement 50 Soapstone20
Talc (non-asbestiform) 20 Talc (fibrous), use asbestos limit —
Graphite (natural) 15
Inert or Nuisance Particulates: (m) 50 (or 15 mg/m3 whichever is the smaller) of total dust <1% SiO2
Conversion factors mppcf × 35.3 = million particles per cubic meter = particles per c.c.
Footnotes to Table Z — Shipyards:
1 [Reserved]
2 See Mineral Dusts Table.
3 Use Asbestos Limit §1915.1001.
4 See 1915.1001.
5 See Mineral Dusts table for the exposure limit for any operations or sectors where the exposure limit in §1915.1053 is stayed or is otherwise not in effect.
* The PELs are 8-hour TWAs unless otherwise noted; a (C) designation denotes a ceiling limit. They are to be determined from breathing-zone air samples.
a Parts of vapor or gas per million parts of contaminated air by volume at 25 °C and 760 torr.
b Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when listed with a ppm entry, it is approximate.
c [Reserved]
d The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than one metal compound, measured as the metal, the CAS number for the metal is given — not CAS numbers for the individual compounds.
e-f [Reserved]
g For sectors excluded from §1915.1028 the limit is 10 ppm TWA.
h Where OSHA has published a proposal for a substance but has not issued a final rule, the proposal is referenced and the existing limit is published.
i [Reserved]
j Millions of particles per cubic foot of air, based on impinger samples counted by light-field techniques.
k The percentage of crystalline silica in the formula is the amount determined from airborne samples, except in those instances in which other methods have been shown to be applicable.
m Covers all organic and inorganic particulates not otherwise regulated. Same as Particulates Not Otherwise Regulated.
n If the exposure limit in §1915.1026 is stayed or is otherwise not in effect, the exposure limit is a ceiling of 0.1 mg/m3
o If the exposure limit in §1915.1026 is stayed or is otherwise not in effect, the exposure limit is 0.1 mg/m3 (as CrO3) as an 8-hour TWA.
p This standard applies to any operations or sectors for which the respirable crystalline silica standard, 1915.1053, is stayed or otherwise is not in effect.
q This standard applies to any operations or sectors for which the beryllium standard, 1915.1024, is stayed or otherwise is not in effect.
The 1970 TLV uses letter designations instead of a numerical value as follows:
A1 [Reserved]
A2 Polytetrafluoroethylene decomposition products. Because these products decompose in part by hydrolysis in alkaline solution, they can be quantitatively determined in air as fluoride to provide an index of exposure. No TLV is recommended pending determination of the toxicity of the products, but air concentrations should be minimal.
A3 Gasoline and/or Petroleum Distillates. The composition of these materials varies greatly and thus a single TLV for all types of these materials is no longer applicable. The content of benzene, other aromatics and additives should be determined to arrive at the appropriate TLV.
E Simple asphyxiants. The limiting factor is the available oxygen which shall be at least 18% and be within the requirement addressing explosion in subpart B of part 1915.
[58 FR 35514, July 1, 1993, as amended at 61 FR 56856, Nov. 4, 1996; 62 FR 1619, Jan. 10, 1997; 67 FR 44545, July 3, 2002; 71 FR 10377, Feb. 28, 2006; 71 FR 36009, June 23, 2006; 76 FR 80740, Dec. 27, 2011; 81 FR 16874, Mar. 2 2016; 81 FR 31167, May 19, 2016; 81 FR 60273, Sept. 2, 2016; 82 FR 2744, Jan. 9, 2017]
§1915.1001
Asbestos
Asbestos
(a) Scope and application. This section regulates asbestos exposure in all shipyard employment work as defined in 29 CFR part 1915, including but not limited to the following: [§1915.1001(a)]
(1) Demolition or salvage of structures, vessels, and vessel sections where asbestos is present; [§1915.1001(a)(1)]
(2) Removal or encapsulation of materials containing asbestos; [§1915.1001(a)(2)]
(3) Construction, alteration, repair, maintenance, or renovation of vessels, vessel sections, structures, substrates, or portions thereof, that contain asbestos; [§1915.1001(a)(3)]
(4) Installation of products containing asbestos; [§1915.1001(a)(4)]
(5) Asbestos spill/emergency cleanup; and [§1915.1001(a)(5)]
(6) Transportation, disposal, storage, containment of and housekeeping activities involving asbestos or products containing asbestos, on the site or location at which construction activities are performed. [§1915.1001(a)(6)]
(7) Coverage under this standard shall be based on the nature of the work operation involving asbestos exposure. [§1915.1001(a)(7)]
(8) This section does not apply to asbestos-containing asphalt roof cements, coatings and mastics. [§1915.1001(a)(8)]
(b) Definitions.
Aggressive method means removal or disturbance of building/ vessel materials by sanding, abrading, grinding, or other method that breaks, crumbles, or otherwise disintegrates intact ACM.
Amended water means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this standard, asbestos includes PACM, as defined below.
Asbestos-containing material, (ACM) means any material containing more than one percent 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/vessel owner is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building, facility, and/or vessel 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.
Class I asbestos work means activities involving the removal of thermal system insulation or surfacing ACM/PACM.
Class II asbestos work means activities involving the removal of ACM which is neither TSI or surfacing ACM. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
Class III asbestos work means repair and maintenance operations, where “ACM”, including TSI and surfacing ACM and PACM, is likely to be disturbed.
Class IV asbestos work means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.
Clean room means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.
Closely resemble means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace. Competent person see qualified person.
Critical barrier means one or more layers of plastic sealed over all openings into a work area or any other physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.
Decontamination area means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.
Demolition means the wrecking or taking out of any load-supporting structural member and any related razing, removing, or stripping of asbestos products.
Director means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
Disturbance means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM, no greater than the amount which can be contained in one standard sized glove bag or waste bag, in order to access a building or vessel component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glove bag or waste bag which shall not exceed 60 inches in length and width.
Employee exposure means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.
Equipment room (change room) means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.
Fiber means a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.
Glovebag means not more than a 60×60 inch impervious plastic bag-like enclosure affixed around an asbestos-containing material, with glove-like appendages through which material and tools may be handled.
High-efficiency particulate air (HEPA) filter means a filter capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles of 0.3 micrometers in diameter.
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.
Intact means that the ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.
Modification for purposes of paragraph (g)(6)(ii) of this section means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system. Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a “modification” for purposes of paragraph (g)(6) of this section.
Negative Initial Exposure Assessment means a demonstration by the employer, which complies with the criteria in paragraph (f)(2)(iii) of this section, that employee exposure during an operation is expected to be consistently below the PELs.
PACM means presumed asbestos containing material.
Presumed asbestos containing material means thermal system insulation and surfacing material found in buildings, vessels, and vessel sections constructed no later than 1980. The designation of a material as “PACM” may be rebutted pursuant to paragraph (k)(5) of this section.
Project Designer means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. §763.90(g).
Qualified person means, in addition to the definition in 29 CFR 1926.32(f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926.32(f); in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training
§1915.1001 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2).
Regulated area means an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or can reasonably be expected to exceed the permissible exposure limit. Requirements for regulated areas are set out in paragraph (e) of this section.
Removal means all operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.
Renovation means the modifying of any existing vessel, vessel section, structure, or portion thereof.
Repair means overhauling, rebuilding, reconstructing, or reconditioning of vessels, vessel sections, structures or substrates, including encapsulation or other repair of ACM or PACM attached to structures or substrates.
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).
Surfacing ACM means surfacing material which contains more than 1% asbestos.
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 is thermal system insulation which contains more than 1% asbestos.
(c) Permissible exposure limits (PELS) [§1915.1001(c)]
(1) Time-weighted average limit (TWA). The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8) hour time-weighted average (TWA), as determined by the method prescribed in appendix A to this section, or by an equivalent method. [§1915.1001(c)(1)]
(2) Excursion limit. The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes, as determined by the method prescribed in appendix A to this section, or by an equivalent method. [§1915.1001(c)(2)]
(d) Multi-employer worksites. [§1915.1001(d)]
(1) On multi-employer worksites, an employer performing work requiring the establishment of a regulated area shall inform other employers on the site of the nature of the employer's work with asbestos and/or PACM, of the existence of and requirements pertaining to regulated areas, and the measures taken to ensure that employees of such other employers are not exposed to asbestos. [§1915.1001(d)(1)]
(2) Asbestos hazards at a multi-employer worksite shall be abated by the contractor who created or controls the source of asbestos contamination. For example, if there is a significant breach of an enclosure containing Class I work, the employer responsible for erecting the enclosure shall repair the breach immediately.
[§1915.1001(d)(2)]
(3) In addition, all employers of employees exposed to asbestos hazards shall comply with applicable protective provisions to protect their employees. For example, if employees working immediately adjacent to a Class I asbestos job are exposed to asbestos due to the inadequate containment of such job, their employer shall either remove the employees from the area until the enclosure breach is repaired; or perform an initial exposure assessment pursuant to paragraph (f) of this section.
[§1915.1001(d)(3)]
(4) All employers of employees working adjacent to regulated areas established by another employer on a multi-employer worksite shall take steps on a daily basis to ascertain the integrity of the enclosure and/or the effectiveness of the control method relied on by the primary asbestos contractor to assure that asbestos fibers do not migrate to such adjacent areas.
[§1915.1001(d)(4)]
(5) All general contractors on a shipyard project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos “qualified person” as defined by paragraph (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary. [§1915.1001(d)(5)]
(e) Regulated areas. [§1915.1001(e)]
(1) All Class I, II and III asbestos work shall be conducted within regulated areas. All other operations covered by this standard shall be conducted within a regulated area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed a PEL. Regulated areas shall comply with the requirements of paragraphs (e) (2), (3), (4) and (5) of this section. [§1915.1001(e)(1)]
(2) Demarcation. The regulated area shall be demarcated in any manner that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne asbestos. Where critical barriers or negative pressure enclosures are used, they may demarcate the regulated area. Signs shall be provided and displayed pursuant to the requirements of paragraph (k)(7) of this section. [§1915.1001(e)(2)]
(3) Access. Access to regulated areas shall be limited to authorized persons and to persons authorized by the Act or regulations issued pursuant thereto. [§1915.1001(e)(3)]
(4) Respirators. All persons entering a regulated area where employees are required pursuant to paragraph (h)(1) of this section to wear respirators shall be supplied with a respirator selected in accordance with paragraph (h)(2) of this section.
[§1915.1001(e)(4)]
(5) Prohibited activities. The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated area. [§1915.1001(e)(5)]
(6) Qualified persons. The employer shall ensure that all asbestos work performed within regulated areas is supervised by a qualified person, as defined in paragraph (b) of this section. The duties of the qualified person are set out in paragraph (o) of this section. [§1915.1001(e)(6)]
(f) Exposure assessments and monitoring [§1915.1001(f)]
(1) General monitoring criteria. [§1915.1001(f)(1)]
(i) Each employer who has a workplace or work operation where exposure monitoring is required under this section shall perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.
[§1915.1001(f)(1)(i)]
(ii) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8hour TWA and 30-minute short-term exposures of each employee. [§1915.1001(f)(1)(ii)]
(iii) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for employees in each work area. Representative 30-minute short-term employee exposures shall be determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limit for employees in each work area. [§1915.1001(f)(1)(iii)]
(2) Initial exposure assessment. [§1915.1001(f)(2)]
(i) Each employer who has a workplace or work operation covered by this standard shall ensure that a “qualified person” conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a “negative exposure assessment,” and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly. [§1915.1001(f)(2)(i)]
(ii) Basis of initial exposure assessment. Unless a negative exposure assessment has been made pursuant to paragraph (f)(2)(iii) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this section. The assessment shall take into consideration both the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job. For Class I asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, the employer shall presume that employees are exposed in excess of the TWA and excursion limit. [§1915.1001(f)(2)(ii)]
(iii) Negative initial exposure assessment. For any one specific asbestos job which will be performed by employees who have been trained in compliance with the standard, the employer may demonstrate that employee exposures will be below the PELs by data which conform to the following criteria: [§1915.1001(f)(2)(iii)]
[A] Objective data demonstrating that the product or material containing asbestos minerals or the activity involving such product or material cannot release airborne fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for releasing asbestos; or
[§1915.1001(f)(2)(iii)[A]]
[B] Where the employer has monitored prior asbestos jobs for the PEL and the excursion limit within 12 months of the current or projected job, the monitoring and analysis were performed in compliance with the asbestos standard in effect; and the data were obtained during work operations conducted under workplace conditions “closely resembling” the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the operations were conducted by employees whose training and experience are no more extensive than that of employees performing the current job, and these data show that under the conditions prevailing and which will prevail in the current workplace there is a high degree of certainty that employee exposures will not exceed the TWA and excursion limit; or
[§1915.1001(f)(2)(iii)[B]]
[C] The results of initial exposure monitoring of the current job made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee covering operations which are most likely during the performance of the entire asbestos job to result in exposures over the PELs.
[§1915.1001(f)(2)(iii)[C]]
(3) Periodic monitoring [§1915.1001(f)(3)]
(i) Class I and II operations. The employer shall conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area who is performing Class I or II work, unless the employer pursuant to paragraph (f)(2)(iii) of this section, has made a negative exposure assessment for the entire operation.
[§1915.1001(f)(3)(i)]
(ii) All operations under the standard other than Class I and II operations. The employer shall conduct periodic monitoring of all work where exposures are expected to exceed a PEL, at intervals sufficient to document the validity of the exposure prediction. [§1915.1001(f)(3)(ii)]
(iii) Exception. When all employees required to be monitored daily are equipped with supplied-air respirators operated in the pressure demand mode, or other positive pressure mode respirator, the employer may dispense with the daily monitoring required by this paragraph. However, employees performing Class I work using a control method which is not listed in paragraph (g)(4) (i), (ii), or (iii) of this section or using a modification of a listed control method, shall continue to be monitored daily even if they are equipped with supplied-air respirators. [§1915.1001(f)(3)(iii)]
(4) Termination of monitoring. [§1915.1001(f)(4)]
(i) If the periodic monitoring required by paragraph (f)(3) of this section reveals that employee exposures, as indicated by statistically reliable measurements, are below the permissible exposure limit and excursion limit the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring. [§1915.1001(f)(4)(i)]
(ii) Additional monitoring. Notwithstanding the provisions of paragraph (f) (2) and (3), and (f)(4) of this section, the employer shall institute the exposure monitoring required under paragraph (f)(3) of this section whenever there has been a change in process, control equipment, personnel or work practices that may result in new or additional exposures above the permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the permissible exposure limit and/or excursion limit. Such additional monitoring is required regardless of whether a “negative exposure assessment” was previously produced for a specific job. [§1915.1001(f)(4)(ii)]
(5) Employee notification of monitoring results. The employer must, as soon as possible but no later than 5 days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to employees. [§1915.1001(f)(5)]
(6) Observation of monitoring. [§1915.1001(f)(6)]
(i) The employer shall provide affected employees and their designated representatives an opportunity to observe any
monitoring of employee exposure to asbestos conducted in accordance with this section. [§1915.1001(f)(6)(i)]
(ii) When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer shall be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures. [§1915.1001(f)(6)(ii)]
(g) Methods of compliance [§1915.1001(g)]
(1) Engineering controls and work practices for all operations covered by this section. The employer shall use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure: [§1915.1001(g)(1)]
(i) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in paragraph (g)(8)(ii) of this section in the case of roofing material; [§1915.1001(g)(1)(i)]
(ii) Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in paragraph (g)(8)(ii) of this section; and [§1915.1001(g)(1)(ii)]
(iii) Prompt clean-up and disposal of wastes and debris contaminated with asbestos in leak-tight containers except in roofing operations, where the procedures specified in paragraph (g)(8)(ii) of this section apply. [§1915.1001(g)(1)(iii)]
(2) In addition to the requirements of paragraph (g)(1) of this section above, the employer shall use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by paragraph (c) of this section; [§1915.1001(g)(2)]
(i) Local exhaust ventilation equipped with HEPA filter dust collection systems; [§1915.1001(g)(2)(i)]
(ii) Enclosure or isolation of processes producing asbestos dust; [§1915.1001(g)(2)(ii)]
(iii) Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;
[§1915.1001(g)(2)(iii)]
(iv) Use of other work practices and engineering controls that the Assistant Secretary can show to be feasible.
[§1915.1001(g)(2)(iv)]
(v) Wherever the feasible engineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in paragraph (c) of this section, the employer shall use them to reduce employee exposure to the lowest levels attainable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of paragraph (h) of this section. [§1915.1001(g)(2)(v)]
(3) Prohibitions. The following work practices and engineering controls shall not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments: [§1915.1001(g)(3)]
(i) High-speed abrasive disc saws that are not equipped with point of cut ventilator or enclosures with HEPA filtered exhaust air. [§1915.1001(g)(3)(i)]
(ii) Compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air.
[§1915.1001(g)(3)(ii)]
(iii) Dry sweeping, shoveling or other dry clean-up of dust and debris containing ACM and PACM. [§1915.1001(g)(3)(iii)]
(iv) Employee rotation as a means of reducing employee exposure to asbestos. [§1915.1001(g)(3)(iv)]
(4) Class I requirements. In addition to the provisions of paragraphs (g) (1) and (2) of this section, the following engineering controls and work practices and procedures shall be used.
[§1915.1001(g)(4)]
(i) All Class I work, including the installation and operation of the control system shall be supervised by a qualified person as defined in paragraph (b) of this section; [§1915.1001(g)(4)(i)]
(ii) For all Class I jobs involving the removal of more than 25 linear or 10 square feet of TSI or surfacing ACM or PACM; for all other Class I jobs, where the employer cannot produce a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, or where employees are
§1915.1001 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
working in areas adjacent to the regulated area, while the Class I work is being performed, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:
[§1915.1001(g)(4)(ii)]
[A] Critical barriers shall be placed over all the openings to the regulated area, except where activities are performed outdoors; or [§1915.1001(g)(4)(ii)[A]]
[B] The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 CFR part 763, subpart E of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began. The results of such monitoring shall be made known to the employer no later than 24 hours from the end of the work shift represented by such monitoring. Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, this paragraph (g)(4)(ii) is satisfied when the specific control methods in paragraph (g)(5) of this section are used. [§1915.1001(g)(4)(ii)[B]]
(iii) For all Class I jobs, HVAC systems shall be isolated in the regulated area by sealing with a double layer of 6 mil plastic or the equivalent; [§1915.1001(g)(4)(iii)]
(iv) For all Class I jobs, impermeable dropcloths shall be placed on surfaces beneath all removal activity; [§1915.1001(g)(4)(iv)]
(v) For all Class I jobs, all objects within the regulated area shall be covered with impermeable dropcloths or plastic sheeting which is secured by duct tape or an equivalent.
[§1915.1001(g)(4)(v)]
(vi) For all Class I jobs where the employer cannot produce a negative exposure assessment or where exposure monitoring shows the PELs are exceeded, the employer shall ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device. [§1915.1001(g)(4)(vi)]
(5) Specific control systems for Class I work. In addition, Class I asbestos work shall be performed using one or more of the following control methods pursuant to the limitations stated below: [§1915.1001(g)(5)]
(i) Negative pressure enclosure (NPE) systems. NPE systems may be used where the configuration of the work area does not make the erection of the enclosure infeasible, with the following specifications and work practices.
[§1915.1001(g)(5)(i)]
[A] Specifications [§1915.1001(g)(5)(i)[A]]
[1] The negative pressure enclosure (NPE) may be of any configuration, [§1915.1001(g)(5)(i)[A][1]]
[2] At least 4 air changes per hour shall be maintained in the NPE, [§1915.1001(g)(5)(i)[A][2]]
[3] A minimum of -0.02 column inches of water pressure differential, relative to outside pressure, shall be maintained within the NPE as evidenced by manometric measurements, [§1915.1001(g)(5)(i)[A][3]]
[4] The NPE shall be kept under negative pressure throughout the period of its use, and [§1915.1001(g)(5)(i)[A][4]]
[5] Air movement shall be directed away from employees performing asbestos work within the enclosure, and toward a HEPA filtration or a collection device.
[§1915.1001(g)(5)(i)[A][5]]
[B] Work practices
[§1915.1001(g)(5)(i)[B]]
[1] Before beginning work within the enclosure and at the beginning of each shift, the NPE shall be inspected for breaches and smoke-tested for leaks, and any leaks sealed. [§1915.1001(g)(5)(i)[B][1]]
[2] Electrical circuits in the enclosure shall be deactivated, unless equipped with ground-fault circuit interrupters. [§1915.1001(g)(5)(i)[B][2]]
(ii) Glove bag systems may be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices: [§1915.1001(g)(5)(ii)]
[A] Specifications [§1915.1001(g)(5)(ii)[A]]
[1] Glovebags shall be made of 6 mil thick plastic and shall be seamless at the bottom.
[§1915.1001(g)(5)(ii)[A][1]]
[2] Glovebags used on elbows and other connections must be designed for that purpose and used without modifications. [§1915.1001(g)(5)(ii)[A][2]]
[B] Work practices [§1915.1001(g)(5)(ii)[B]]
[1] Each glovebag shall be installed so that it completely covers the circumference of pipes or other structures where the work is to be done. [§1915.1001(g)(5)(ii)[B][1]]
[2] Glovebags shall be smoke-tested for leaks and any leaks sealed prior to use. [§1915.1001(g)(5)(ii)[B][2]]
[3] Glovebags may be used only once and may not be moved. [§1915.1001(g)(5)(ii)[B][3]]
[4] Glovebags shall not be used on surfaces whose temperature exceeds 150 °F. [§1915.1001(g)(5)(ii)[B][4]]
[5] Prior to disposal, glovebags shall be collapsed by removing air within them using a HEPA vacuum.
[§1915.1001(g)(5)(ii)[B][5]]
[6] Before beginning the operation, loose and friable material adjacent to the glovebag/box operation shall be wrapped and sealed in two layers of six mil plastic or otherwise rendered intact.
[§1915.1001(g)(5)(ii)[B][6]]
[7] Where a system uses an attached waste bag, such bag shall be connected to a collection bag using hose or other material which shall withstand the pressure of ACM waste and water without losing its integrity. [§1915.1001(g)(5)(ii)[B][7]]
[8] A sliding valve or other device shall separate the waste bag from the hose to ensure no exposure when the waste bag is disconnected.
[§1915.1001(g)(5)(ii)[B][8]]
[9] At least two persons shall perform Class I glovebag removal operations. [§1915.1001(g)(5)(ii)[B][9]]
(iii) Negative pressure glove bag systems. Negative pressure glove bag systems may be used to remove ACM or PACM from piping. [§1915.1001(g)(5)(iii)]
[A] Specifications: In addition to the specifications for glove bag systems above, negative pressure glove bag systems shall attach the HEPA vacuum system or other device to the bag to prevent collapse during removal.
[§1915.1001(g)(5)(iii)[A]]
[B] Work practices [§1915.1001(g)(5)(iii)[B]]
[1] The employer shall comply with the work practices for glove bag systems in paragraph (g)(5)(ii)(B)(4) of this section, [§1915.1001(g)(5)(iii)[B][1]]
[2] The HEPA vacuum cleaner or other device used to prevent collapse of bag during removal shall run continually during the operation until it is completed at which time the bag shall be collapsed prior to removal of the bag from the pipe.
[§1915.1001(g)(5)(iii)[B][2]]
[3] Where a separate waste bag is used along with a collection bag and discarded after one use, the collection bag may be reused if rinsed clean with amended water before reuse. [§1915.1001(g)(5)(iii)[B][3]]
(iv) Negative pressure glove box systems. Negative pressure glove boxes may be used to remove ACM or PACM from pipe runs with the following specifications and work practices. [§1915.1001(g)(5)(iv)]
[A] Specifications [§1915.1001(g)(5)(iv)[A]]
[1] Glove boxes shall be constructed with rigid sides and made from metal or other material which can withstand the weight of the ACM and PACM and water used during removal: [§1915.1001(g)(5)(iv)[A][1]]
[2] A negative pressure generator shall be used to create negative pressure in the system: [§1915.1001(g)(5)(iv)[A][2]]
[3] An air filtration unit shall be attached to the box: [§1915.1001(g)(5)(iv)[A][3]]
[4] The box shall be fitted with gloved apertures: [§1915.1001(g)(5)(iv)[A][4]]
[5] An aperture at the base of the box shall serve as a bagging outlet for waste ACM and water: [§1915.1001(g)(5)(iv)[A][5]]
[6] A back-up generator shall be present on site: [§1915.1001(g)(5)(iv)[A][6]]
[7] Waste bags shall consist of 6 mil thick plastic double-bagged before they are filled or plastic thicker than 6 mil. [§1915.1001(g)(5)(iv)[A][7]]
[B] Work practices [§1915.1001(g)(5)(iv)[B]]
[1] At least two persons shall perform the removal: [§1915.1001(g)(5)(iv)[B][1]]
[2] The box shall be smoke-tested for leaks and any leaks sealed prior to each use.
[§1915.1001(g)(5)(iv)[B][2]]
[3] Loose or damaged ACM adjacent to the box shall be wrapped and sealed in two layers of 6 mil plastic prior to the job, or otherwise made intact prior to the job. [§1915.1001(g)(5)(iv)[B][3]]
[4] A HEPA filtration system shall be used to maintain pressure barrier in box. [§1915.1001(g)(5)(iv)[B][4]]
(v) Water spray process system. A water spray process system may be used for removal of ACM and PACM from cold line piping if, employees carrying out such process have completed a 40-hour separate training course in its use, in addition to training required for employees performing Class I work. The system shall meet the following specifications and shall be performed by employees using the following work practices. [§1915.1001(g)(5)(v)]
[A] Specifications [§1915.1001(g)(5)(v)[A]]
[1] Piping from which insulation will be removed shall be surrounded on 3 sides by rigid framing, [§1915.1001(g)(5)(v)[A][1]]
[2] A 360 degree water spray, delivered through nozzles supplied by a high pressure separate water line, shall be formed around the piping.
[§1915.1001(g)(5)(v)[A][2]]
[3] The spray shall collide to form a fine aerosol which provides a liquid barrier between workers and the ACM and PACM. [§1915.1001(g)(5)(v)[A][3]]
[B] Work practices [§1915.1001(g)(5)(v)[B]]
[1] The system shall be run for at least 10 minutes before removal begins. [§1915.1001(g)(5)(v)[B][1]]
[2] All removal shall take place within the barrier.
[§1915.1001(g)(5)(v)[B][2]]
[3] The system shall be operated by at least three persons, one of whom shall not perform removal but shall check equipment, and ensure proper operation of the system. [§1915.1001(g)(5)(v)[B][3]]
[4] After removal, the ACM and PACM shall be bagged while still inside the water barrier.
[§1915.1001(g)(5)(v)[B][4]]
(vi) A small walk-in enclosure which accommodates no more than two persons (mini-enclosure) may be used if the disturbance or removal can be completely contained by the enclosure, with the following specifications and work practices. [§1915.1001(g)(5)(vi)]
[A] Specifications [§1915.1001(g)(5)(vi)[A]]
[1] The fabricated or job-made enclosure shall be constructed of 6 mil plastic or equivalent:
[§1915.1001(g)(5)(vi)[A][1]]
[2] The enclosure shall be placed under negative pressure by means of a HEPA filtered vacuum or similar ventilation unit: [§1915.1001(g)(5)(vi)[A][2]]
[B] Work practices [§1915.1001(g)(5)(vi)[B]]
[1] Before use, the mini-enclosure shall be inspected for leaks and smoketested to detect breaches, and any breaches sealed. [§1915.1001(g)(5)(vi)[B][1]]
[2] Before reuse, the interior shall be completely washed with amended water and HEPA-vacuumed.
[§1915.1001(g)(5)(vi)[B][2]]
[3] During use, air movement shall be directed away from the employee's breathing zone within the minienclosure. [§1915.1001(g)(5)(vi)[B][3]]
(6) Alternative control methods for Class I work. Class I work may be performed using a control method which is not referenced in paragraph (g)(5) of this section, or which modifies a control method referenced in paragraph (g)(5) of this section, if the following provisions are complied with: [§1915.1001(g)(6)]
(i) The control method shall enclose, contain or isolate the processes or source of airborne asbestos dust, or otherwise capture or redirect such dust before it enters the breathing zone of employees. [§1915.1001(g)(6)(i)]
(ii) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in paragraph (b) of this section, shall evaluate the work area, the projected work practices and the engineering controls and shall certify in writing that: the planned control method is adequate to reduce direct and indirect employee exposure to below the PELs under worst-case conditions of use, and that the planned control method will prevent asbestos contamination outside the regulated area, as measured by clearance sampling which meets the requirements of EPA's Asbestos in Schools Rule issued under AHERA, or perimeter monitoring which meets the criteria in paragraph (g)(4)(ii)(B) of this section. [§1915.1001(g)(6)(ii)]
[A] Where the TSI or surfacing material to be removed is 25 linear or 10 square feet or less, the evaluation required in paragraph (g)(6) of this section may be performed by a "qualified person", and may omit consideration of perimeter or clearance monitoring otherwise required. [§1915.1001(g)(6)(ii)[A]]
[B] The evaluation of employee exposure required in paragraph (g)(6) of this section, shall include and be based on sampling and analytical data representing employee exposure during the use of such method under worstcase conditions and by employees whose training and experience are equivalent to employees who are to perform the current job. [§1915.1001(g)(6)(ii)[B]]
(7) Work practices and engineering controls for Class II work.
[§1915.1001(g)(7)]
(i) All Class II work shall be supervised by a qualified person as defined in paragraph (b) of this section. [§1915.1001(g)(7)(i)]
(ii) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area; [§1915.1001(g)(7)(ii)]
[A] Critical barriers shall be placed over all openings to the regulated area; or, [§1915.1001(g)(7)(ii)[A]]
[B] The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area monitoring or clearance monitoring which meets the criteria set out in paragraph (g)(4)(ii)(B) of this section. [§1915.1001(g)(7)(ii)[B]]
[C] Impermeable dropcloths shall be placed on surfaces beneath all removal activity; [§1915.1001(g)(7)(ii)[C]]
(iii) [Reserved] [§1915.1001(g)(7)(iii)]
(iv) All Class II asbestos work shall be performed using the work practices and requirements set out above in paragraph (g)(1)(i) through (g)(1)(iii) of this section.
[§1915.1001(g)(7)(iv)]
(8) Additional controls for Class II work. Class II asbestos work shall also be performed by complying with the work practices and controls designated for each type of asbestos work to be performed, set out in this paragraph. Where more than one control method may be used for a type of asbestos work, the employer may choose one or a combination of designated control methods. Class II work also may be performed using a method allowed for Class I work, except that glove bags and glove boxes are allowed if they fully enclose the Class II material to be removed.
[§1915.1001(g)(8)]
(i) For removing vinyl and asphalt flooring/deck materials which contain ACM or for which in buildings constructed not later than 1980, the employer has not verified the absence of ACM pursuant to paragraph (g)(8)(i)(I): the employer shall ensure that employees comply with the following work practices and that employees are trained in these practices pursuant to paragraph (k)(9) of this section: [§1915.1001(g)(8)(i)]
[A] Flooring/deck materials or its backing shall not be sanded. [§1915.1001(g)(8)(i)[A]]
[B] Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) shall be used to clean floors. [§1915.1001(g)(8)(i)[B]]
[C] Resilient sheeting shall be removed by cutting with wetting of the snip point and wetting during delamination. Rip-up of resilient sheet floor material is prohibited.
[§1915.1001(g)(8)(i)[C]]
[D] All scraping of residual adhesive and/or backing shall be performed using wet methods. [§1915.1001(g)(8)(i)[D]]
[E] Dry sweeping is prohibited. [§1915.1001(g)(8)(i)[E]]
[F] Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of paragraph (g)(5)(i) of this section.
[§1915.1001(g)(8)(i)[F]]
[G] Tiles shall be removed intact, unless the employer demonstrates that intact removal is not possible. [§1915.1001(g)(8)(i)[G]]
[H] When tiles are heated and can be removed intact, wetting may be omitted. [§1915.1001(g)(8)(i)[H]]
[I] Resilient flooring/deck material in buildings/vessels constructed no later than 1980, including associated mastic and backing shall be assumed to be asbestos-containing unless an industrial hygienist determines that it is asbestos-free using recognized analytical techniques. [§1915.1001(g)(8)(i)[I]]
§1915.1001 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(ii) For removing roofing material which contains ACM the employer shall ensure that the following work practices are followed: [§1915.1001(g)(8)(ii)]
[A] Roofing material shall be removed in an intact state to the extent feasible. [§1915.1001(g)(8)(ii)[A]]
[B] Wet methods shall be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards. [§1915.1001(g)(8)(ii)[B]]
[C] Cutting machines shall be continuously misted during use, unless a competent person determines that misting substantially decreases worker safety.
[§1915.1001(g)(8)(ii)[C]]
[D] When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation shall be collected by a HEPA dust collector, or shall be HEPA vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos-containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation shall be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line. The dust and debris shall be immediately bagged or placed in covered containers. [§1915.1001(g)(8)(ii)[D]]
[E] Asbestos-containing material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dusttight chute, crane or hoist: [§1915.1001(g)(8)(ii)[E]]
[1] Any ACM that is not intact shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. While the material remains on the roof it shall either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting. [§1915.1001(g)(8)(ii)[E][1]]
[2] Intact ACM shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. [§1915.1001(g)(8)(ii)[E][2]]
[F] Upon being lowered, unwrapped material shall be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust. [§1915.1001(g)(8)(ii)[F]]
[G] Roof level heating and ventilation air intake sources shall be isolated or the ventilation system shall be shut down. [§1915.1001(g)(8)(ii)[G]]
[H] Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material non-intact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than 25 square feet, the employer shall include all removal and repair work performed on the same roof on the same day. [§1915.1001(g)(8)(ii)[H]]
(iii) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where paragraph (g)(8)(ii) of this section applies) the employer shall ensure that the following work practices are followed: [§1915.1001(g)(8)(iii)]
[A] Cutting, abrading or breaking siding, shingles, or transite panels shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used. [§1915.1001(g)(8)(iii)[A]]
[B] Each panel or shingle shall be sprayed with amended water prior to removal. [§1915.1001(g)(8)(iii)[B]]
[C] Unwrapped or unbagged panels or shingles shall be immediately lowered to the ground via a covered dust-tight chute, crane or hoist, or be placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift. [§1915.1001(g)(8)(iii)[C]]
[D] Nails shall be cut with flat, sharp instruments. [§1915.1001(g)(8)(iii)[D]]
(iv) When removing gaskets containing ACM, the employer shall ensure that the following work practices are followed: [§1915.1001(g)(8)(iv)]
[A] If a gasket is visibly deteriorated and unlikely to be removed intact, removal shall be undertaken within a glovebag as described in paragraph (g)(5)(ii) of this section. [§1915.1001(g)(8)(iv)[A]]
[B] [Reserved] [§1915.1001(g)(8)(iv)[B]]
[C] The gasket shall be immediately placed in a disposal container. [§1915.1001(g)(8)(iv)[C]]
[D] Any scraping to remove residue must be performed wet. [§1915.1001(g)(8)(iv)[D]]
(v) When performing any other Class II removal of asbestos containing material for which specific controls have not been listed in paragraph (g)(8)(iv) (A) through (D) of this section, the employer shall ensure that the following work practices are complied with. [§1915.1001(g)(8)(v)]
[A] The material shall be thoroughly wetted with amended water prior to and during its removal.
[§1915.1001(g)(8)(v)[A]]
[B] The material shall be removed in an intact state unless the employer demonstrates that intact removal is not possible. [§1915.1001(g)(8)(v)[B]]
[C] Cutting, abrading or breaking the material shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible. [§1915.1001(g)(8)(v)[C]]
[D] Asbestos-containing material removed, shall be immediately bagged or wrapped, or kept wetted until transferred to a closed receptacle, no later than the end of the work shift. [§1915.1001(g)(8)(v)[D]]
(vi) Alternative work practices and controls. Instead of the work practices and controls listed in paragraphs (g)(8) (i) through (v) of this section, the employer may use different or modified engineering and work practice controls if the following provisions are complied with. [§1915.1001(g)(8)(vi)]
[A] The employer shall demonstrate by data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used, that employee exposure will not exceed the PELs under any anticipated circumstances. [§1915.1001(g)(8)(vi)[A]]
[B] A qualified person shall evaluate the work area, the projected work practices and the engineering controls, and shall certify in writing, that the different or modified controls are adequate to reduce direct and indirect employee exposure to below the PELs under all expected conditions of use and that the method meets the requirements of this standard. The evaluation shall include and be based on data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used for the current job, and by employees whose training and experience are equivalent to employees who are to perform the current job. [§1915.1001(g)(8)(vi)[B]]
(9) Work practices and engineering controls for Class III asbestos work. Class III asbestos work shall be conducted using engineering and work practice controls which minimize the exposure to employees performing the asbestos work and to bystander employees. [§1915.1001(g)(9)]
(i) The work shall be performed using wet methods. [§1915.1001(g)(9)(i)]
(ii) To the extent feasible, the work shall be performed using local exhaust ventilation. [§1915.1001(g)(9)(ii)]
(iii) Where the disturbance involves drilling, cutting, abrading, sanding, chipping, breaking, or sawing of thermal system insulation or surfacing material, the employer shall use impermeable dropcloths and shall isolate the operation using mini-enclosures or glove bag systems pursuant to paragraph (g)(5) of this section or another isolation method. [§1915.1001(g)(9)(iii)]
(iv) Where the employer does not demonstrate by a negative exposure assessment performed in compliance with paragraph (f)(2)(iii) of this section that the PELs will not be exceeded, or where monitoring results show exceedances of a PEL, the employer shall contain the area using impermeable dropcloths and plastic barriers or their equivalent, or shall isolate the operation using mini-enclosure or glove bag systems pursuant to paragraph (g)(5) of this section.
[§1915.1001(g)(9)(iv)]
(v) Employees performing Class III jobs which involve the disturbance of TSI or surfacing ACM or PACM or where the employer does not demonstrate by a “negative exposure assessment” in compliance with paragraph (f)(2)(iii) of this section that the PELs will not be exceeded or where monitoring results show exceedances of the PEL, shall wear respirators which are selected, used and fitted pursuant to provisions of paragraph (h) of this section. [§1915.1001(g)(9)(v)]
(10)Class IV asbestos work. Class IV asbestos jobs shall be conducted by employees trained pursuant to the asbestos awareness training program set out in paragraph (k)(9) of this section.
In addition, all Class IV jobs shall be conducted in conformity
with the requirements set out in paragraph (g)(1) of this section, mandating wet methods, HEPA vacuums, and prompt clean up of debris containing ACM or PACM. [§1915.1001(g)(10)]
(i) Employees cleaning up debris and waste in a regulated area where respirators are required shall wear respirators which are selected, used and fitted pursuant to provisions of paragraph (h) of this section. [§1915.1001(g)(10)(i)]
(ii) Employers of employees cleaning up waste and debris in an area where friable TSI or surfacing ACM/PACM is accessible, shall assume that such waste and debris contain asbestos. [§1915.1001(g)(10)(ii)]
(11)Specific compliance methods for brake and clutch repair [§1915.1001(g)(11)]
(i) Engineering controls and work practices for brake and clutch repair and service. During automotive brake and clutch inspection, disassembly, repair and assembly operations, the employer shall institute engineering controls and work practices to reduce employee exposure to materials containing asbestos using a negative pressure enclosure/HEPA vacuum system method or low pressure/wet cleaning method, which meets the detailed requirements set out in appendix L to this section. The employer may also comply using an equivalent method which follows written procedures which the employer demonstrates can achieve results equivalent to Method A. For facilities in which no more than 5 pair of brakes or 5 clutches are inspected, disassembled, repaired, or assembled per week, the method set for in paragraph [D] of appendix L to this section may be used. [§1915.1001(g)(11)(i)]
(ii) The employer may also comply by using an equivalent method which follows written procedures, which the employer demonstrates can achieve equivalent exposure reductions as do the two “preferred methods.” Such demonstration must include monitoring data conducted under workplace conditions closely resembling the process, type of asbestos containing materials, control method, work practices and environmental conditions which the equivalent method will be used, or objective data, which document that under all reasonably foreseeable conditions of brake and clutch repair applications, the method results in exposures which are equivalent to the methods set out in appendix L to this section. [§1915.1001(g)(11)(ii)]
(12)Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing and pipeline coating materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this paragraph (g)(12) when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section. If an employer does not comply with all provisions of this paragraph (g)(12) or if during the course of the job the material does not remain intact, the provisions of paragraph (g)(8) of this section apply instead of this paragraph (g)(12). [§1915.1001(g)(12)]
(i) Before work begins and as needed during the job, a qualified person who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite and determine that the roofing material is intact and will likely remain intact.
[§1915.1001(g)(12)(i)]
(ii) All employees performing work covered by this paragraph (g)(12) shall be trained in a training program that meets the requirements of paragraph (k)(9)(viii) of this section.
[§1915.1001(g)(12)(ii)]
(iii) The material shall not be sanded, abraded, or ground. Manual methods which do not render the material non-intact shall be used. [§1915.1001(g)(12)(iii)]
(iv) Material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist. All such material shall be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift. [§1915.1001(g)(12)(iv)]
(v) Where roofing products which have been labeled as containing asbestos pursuant to paragraph (k)(8) of this section are installed on non-residential roofs during operations covered by this paragraph (g)(12), the employer shall notify the building owner of the presence and location of such materials no later than the end of the job. [§1915.1001(g)(12)(v)]
(vi) All removal or disturbance of pipeline asphaltic wrap shall be performed using wet methods. [§1915.1001(g)(12)(vi)]
(h) Respiratory protection [§1915.1001(h)]
(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 in the following circumstances: [§1915.1001(h)(1)]
(i) During all Class I asbestos jobs. [§1915.1001(h)(1)(i)]
(ii) During all Class II work where the ACM is not removed in a substantially intact state. [§1915.1001(h)(1)(ii)]
(iii) During all Class II and III work which is not performed using wet methods, provided, however, that respirators need not be worn during removal of ACM from sloped roofs when a negative exposure assessment has been made and the ACM is removed in an intact state.
[§1915.1001(h)(1)(iii)]
(iv) During all Class II and III asbestos jobs where the employer does not produce a “negative exposure assessment.”
[§1915.1001(h)(1)(iv)]
(v) During all Class III jobs where TSI or surfacing ACM or PACM is being disturbed. [§1915.1001(h)(1)(v)]
(vi) During all Class IV work performed within regulated areas where employees performing other work are required to wear respirators. [§1915.1001(h)(1)(vi)]
(vii) During all work covered by this section where employees are exposed above the TWA or excursion limit.
[§1915.1001(h)(1)(vii)]
(viii) In emergencies. [§1915.1001(h)(1)(viii)]
(2) Respirator selection. [§1915.1001(h)(2)]
(i) Employers must select, and provide to employees at no cost, 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 use against asbestos fibers. [§1915.1001(h)(2)(i)]
(ii) Employers are to provide HEPA filters for powered and non-powered air-purifying respirators. [§1915.1001(h)(2)(ii)]
(iii) Employers must: [§1915.1001(h)(2)(iii)]
[A] Inform employees that they may require the employer to provide a tight-fitting, powered air-purifying respirator (PAPR) permitted for use under paragraph (h)(2)(i) of this standard instead of a negative pressure respirator.
[§1915.1001(h)(2)(iii)[A]]
[B] Provide employees with a tight-fitting PAPR instead of a negative pressure respirator when the employees choose to use a tight-fitting PAPR and it provides them with the required protection against asbestos.
[§1915.1001(h)(2)(iii)[B]]
(iv) Employers must provide employees with an air-purifying, half mask respirator, other than a filtering facepiece respirator, whenever the employees perform: [§1915.1001(h)(2)(iv)]
[A] Class II or Class III asbestos work for which no negative exposure assessment is available.
[§1915.1001(h)(2)(iv)[A]]
[B] Class III asbestos work involving disturbance of TSI or surfacing ACM or PACM. [§1915.1001(h)(2)(iv)[B]]
(v) Employers must provide employees with: [§1915.1001(h)(2)(v)]
[A] A tight-fitting, powered air-purifying respirator or a full facepiece, supplied-air respirator operated in the pressure-demand mode and equipped with either HEPA egress cartridges or an auxiliary positive-pressure, selfcontained breathing apparatus (SCBA) whenever the employees are in a regulated area performing Class I asbestos work for which a negative exposure assessment is not available and the exposure assessment indicates that the exposure level will be at or below 1 f/cc as an 8hour time-weighted average (TWA). [§1915.1001(h)(2)(v)[A]]
[B] A full facepiece, supplied-air respirator operated in the pressure-demand mode and equipped with an auxiliary positive-pressure SCBA whenever the employees are in a regulated area performing Class I asbestos work for which a negative exposure assessment is not available and the exposure assessment indicates that the exposure level will be above 1 f/cc as an 8-hour TWA.
[§1915.1001(h)(2)(v)[B]]
(3) Respirator program. [§1915.1001(h)(3)]
(i) When respiratory protection is used, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except paragraph (d)(1)(iii)), and (f) through (m) which covers each employee required by this section to use a respirator. [§1915.1001(h)(3)(i)]
(ii) No employee shall be assigned to tasks requiring the use of respirators if, based on his or her most recent examination, an examining physician determines that the employee
will be unable to function normally wearing a respirator, or that the safety or health of the employee or of other employees will be impaired by the use of a respirator. Such employees shall be assigned to another job or given the opportunity to transfer to a different position, the duties of which he or she is able to perform with the same employer, in the same geographical area, and with the same seniority, status, and rate of pay and other job benefits he or she had just prior to such transfer, if such a different position is available. [§1915.1001(h)(3)(ii)]
(i) Protective clothing [§1915.1001(i)]
(1) General. The employer shall provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of asbestos that exceed the TWA and/or excursion limit prescribed in paragraph (c) of this section, or for which a required negative exposure assessment is not produced, or for any employee performing Class I operations which involve the removal of over 25 linear or 10 square feet of TSI or surfacing ACM or PACM.
[§1915.1001(i)(1)]
(2) Laundering. [§1915.1001(i)(2)]
(i) The employer shall ensure that laundering of contaminated clothing is done so as to prevent the release of airborne asbestos in excess of the TWA or excursion limit prescribed in paragraph (c) of this section. [§1915.1001(i)(2)(i)]
(ii) Any employer who gives contaminated clothing to another person for laundering shall inform such person of the requirement in paragraph (i)(2)(i) of this section to effectively prevent the release of airborne asbestos in excess of the TWA excursion limit prescribed in paragraph (c) of this section. [§1915.1001(i)(2)(ii)]
(3) The employer shall ensure that contaminated clothing is transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with paragraph (k) of this section. [§1915.1001(i)(3)]
(4) Inspection of protective clothing. [§1915.1001(i)(4)]
(i) The qualified person shall examine worksuits worn by employees at least once per workshift for rips or tears that may occur during the performance of work. [§1915.1001(i)(4)(i)]
(ii) When rips or tears are detected while an employee is working, rips and tears shall be immediately mended, or the worksuit shall be immediately replaced. [§1915.1001(i)(4)(ii)]
(j) Hygiene facilities and practices for employees. [§1915.1001(j)]
(1) Requirements for employees performing Class I asbestos jobs involving over 25 linear or 10 square feet of TSI or surfacing ACM and PACM. [§1915.1001(j)(1)]
(i) Decontamination areas. For all Class I jobs involving over 25 linear or 10 square feet of TSI or surfacing ACM or PACM, the employer shall establish a decontamination area that is adjacent and connected to the regulated area for the decontamination of such employees. The decontamination area shall consist of an equipment room, shower area, and clean room in series. The employer shall ensure that employees enter and exit the regulated area through the decontamination area. [§1915.1001(j)(1)(i)]
[A] Equipment room. The equipment room shall be supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective equipment. [§1915.1001(j)(1)(i)[A]]
[B] Shower area. Shower facilities shall be provided which comply with 29 CFR 1910.141(d)(3), unless the employer can demonstrate that they are not feasible. The showers shall be adjacent both to the equipment room and the clean room, unless the employer can demonstrate that this location is not feasible. Where the employer can demonstrate that it is not feasible to locate the shower between the equipment room and the clean room, or where the work is performed outdoors, or when the work involving asbestos exposure takes place on board a ship, the employers shall ensure that employees: [§1915.1001(j)(1)(i)[B]]
[1] Remove asbestos contamination from their worksuits in the equipment room using a HEPA vacuum before proceeding to a shower that is not adjacent to the work area; or [§1915.1001(j)(1)(i)[B][1]]
[2] Remove their contaminated worksuits in the equipment room, then don clean worksuits, and proceed to a shower that is not adjacent to the work area.
[§1915.1001(j)(1)(i)[B][2]]
[C] Clean change room. The clean room shall be equipped with a locker or appropriate storage container for each employee's use. When the employer can demonstrate that it is not feasible to provide a clean change area adjacent
to the work area, or where the work is performed outdoors, or when the work takes place aboard a ship, the employer may permit employees engaged in Class I asbestos jobs to clean their protective clothing with a portable HEPAequipped vacuum before such employees leave the regulated area. Following showering, such employees however must then change into street clothing in clean change areas provided by the employer which otherwise meet the requirements of this section. [§1915.1001(j)(1)(i)[C]]
(ii) Decontamination area entry procedures. The employer shall ensure that employees: [§1915.1001(j)(1)(ii)]
[A] Enter the decontamination area through the clean room; [§1915.1001(j)(1)(ii)[A]]
[B] Remove and deposit street clothing within a locker provided for their use; and [§1915.1001(j)(1)(ii)[B]]
[C] Put on protective clothing and respiratory protection before leaving the clean room. [§1915.1001(j)(1)(ii)[C]]
[D] Before entering the regulated area, the employer shall ensure that employees pass through the equipment room. [§1915.1001(j)(1)(ii)[D]]
(iii) Decontamination area exit procedures. The employer shall ensure that: [§1915.1001(j)(1)(iii)]
[A] Before leaving the regulated area, employees shall remove all gross contamination and debris from their protective clothing. [§1915.1001(j)(1)(iii)[A]]
[B] Employees shall remove their protective clothing in the equipment room and deposit the clothing in labeled impermeable bags or containers. [§1915.1001(j)(1)(iii)[B]]
[C] Employees shall not remove their respirators in the equipment room. [§1915.1001(j)(1)(iii)[C]]
[D] Employees shall shower prior to entering the clean room. [§1915.1001(j)(1)(iii)[D]]
[E] After showering, employees shall enter the clean room before changing into street clothes. [§1915.1001(j)(1)(iii)[E]]
(iv) Lunch areas. Whenever food or beverages are consumed at the worksite where employees are performing Class I asbestos work, the employer shall provide lunch areas in which the airborne concentrations of asbestos are below the permissible exposure limit and/or excursion limit.
[§1915.1001(j)(1)(iv)]
(2) Requirements for Class I work involving less than 25 linear or 10 square feet of TSI or surfacing and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation. [§1915.1001(j)(2)]
(i) The employer shall establish an equipment room or area that is adjacent to the regulated area for the decontamination of employees and their equipment which is contaminated with asbestos which shall consist of an area covered by an impermeable drop cloth on the floor/deck or horizontal working surface. [§1915.1001(j)(2)(i)]
(ii) The area must be of sufficient size as to accommodate cleaning of equipment and removing personal protective equipment without spreading contamination beyond the area (as determined by visible accumulations). [§1915.1001(j)(2)(ii)]
(iii) Work clothing must be cleaned with a HEPA vacuum before it is removed. [§1915.1001(j)(2)(iii)]
(iv) All equipment and surfaces of containers filled with ACM must be cleaned prior to removing them from the equipment room or area. [§1915.1001(j)(2)(iv)]
(v) The employer shall ensure that employees enter and exit the regulated area through the equipment room or area.
[§1915.1001(j)(2)(v)]
(3) Requirements for Class IV work. Employers shall ensure that employees performing Class IV work within a regulated area comply with the hygiene practice required of employees performing work which has a higher classification within that regulated area. Otherwise employers of employees cleaning up debris and material which is TSI or surfacing ACM or identified as PACM shall provide decontamination facilities for such employees which are required by paragraph (j)(2) of this section.
[§1915.1001(j)(3)]
(4) Smoking in work areas. The employer shall ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area. [§1915.1001(j)(4)]
(k) Communication of hazards. [§1915.1001(k)]
(1) This section applies to the communication of information concerning asbestos hazards in shipyard employment activities to facilitate compliance with this standard. Most asbestos-related shipyard activities involve previously installed building materials. Building/vessel owners often are the only and/or best sources of
information concerning them. Therefore, they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section. Installed Asbestos Containing Building/Vessel Material: Employers and building/vessel owners shall identify TSI and sprayed or troweled on surfacing materials as asbestos-containing unless the employer, by complying with paragraph (k)(5) of this section determines that the material is not asbestos-containing. Asphalt or vinyl flooring/decking material installed in buildings or vessels no later than 1980 must also be considered as asbestos containing unless the employer/owner, pursuant to paragraph (g)(8)(i)(I) of this section, determines it is not asbestos containing. If the employer or building/vessel owner has actual knowledge or should have known, through the exercise of due diligence, that materials other than TSI and sprayed-on or troweled-on surfacing materials are asbestos-containing, they must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify “PACM” as ACM. Additional requirements relating to communication of asbestos work on multi- employer worksites are set out in paragraph (d) of this standard. [§1915.1001(k)(1)]
(2) Duties of building/vessel and facility owners. [§1915.1001(k)(2)]
(i) Before work subject to this standard is begun, building/vessel and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to paragraph (k)(1) of this section. [§1915.1001(k)(2)(i)]
(ii) Building/vessel and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at work sites in their buildings/facilities/vessels. Notification either shall be in writing or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives: [§1915.1001(k)(2)(ii)]
[A] Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material; [§1915.1001(k)(2)(ii)[A]]
[B] Employees of the owner who will work in or adjacent to areas containing such material: [§1915.1001(k)(2)(ii)[B]]
[C] On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials; [§1915.1001(k)(2)(ii)[C]]
[D] Tenants who will occupy areas containing such materials. [§1915.1001(k)(2)(ii)[D]]
(3) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/vessel and facility owners whose employees perform such work shall comply with these provisions to the extent applicable. [§1915.1001(k)(3)]
(i) Before work in areas containing ACM and PACM is begun, employers shall identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to paragraph (k)(1) of this section. [§1915.1001(k)(3)(i)]
(ii) Before work under this standard is performed employers of employees who will perform such work shall inform the following persons of the location and quantity of ACM and/or PACM present at the worksite and the precautions to be taken to ensure that airborne asbestos is confined to the area. [§1915.1001(k)(3)(ii)]
(iii) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, shall inform the building/vessel or facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the former regulated area and final monitoring results, if any. [§1915.1001(k)(3)(iii)]
(4) In addition to the above requirements, all employers who discover ACM and/or PACM on a work site shall convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the work site, within 24 hours of the discovery. [§1915.1001(k)(4)]
(5) Criteria to rebut the designation of installed material as PACM. [§1915.1001(k)(5)]
(i) At any time, an employer and/or building/vessel owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building/vessel owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of paragraph (k)(5)(ii) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to paragraph (n) of this section. [§1915.1001(k)(5)(i)]
(ii) An employer or owner may demonstrate that PACM does not contain more than 1% asbestos by the following:
[§1915.1001(k)(5)(ii)]
[A] Having completed an inspection conducted pursuant to the requirements of AHERA (40 CFR part 763, subpart E) which demonstrates that the material is not ACM; or [§1915.1001(k)(5)(ii)[A]]
[B] Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples collected in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA), or an equivalent nationally-recognized round robin testing program. [§1915.1001(k)(5)(ii)[B]]
(iii) The employer and/or building/vessel owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM.
[§1915.1001(k)(5)(iii)]
(6) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain ACM and/or PACM, the building/vessel owner shall post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training. [§1915.1001(k)(6)]
(7) Hazard communication. [§1915.1001(k)(7)]
(i) Labels shall be affixed to all products containing asbestos and to all containers containing such products, including waste containers. Where feasible, installed asbestos products shall contain a visible label. [§1915.1001(k)(7)(i)]
(ii) General. The employer shall include asbestos 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 asbestos and safety data sheets, and is trained in accordance with the provisions of the HCS and paragraph (k)(9) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer and lung effects. [§1915.1001(k)(7)(ii)]
(iii) Labels. [§1915.1001(k)(7)(iii)]
[A] The employer shall ensure that labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers bear the following information: [§1915.1001(k)(7)(iii)[A]] DANGER
CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
[B] [1] Prior to June 1, 2015, employers may include the following information on raw materials, mixtures or labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers in lieu of the labeling requirements in paragraphs (k)(7)(ii) and (k)(7)(iii)(A) of this section: [§1915.1001(k)(7)(iii)[B][1]] DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
[2] Labels shall also contain a warning statement against breathing asbestos fibers. [§1915.1001(k)(7)(iii)[B][2]]
(iv) The provisions for labels required in paragraph (k)(7) of this section do not apply where: [§1915.1001(k)(7)(iv)]
[A] Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that
§1915.1001 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
the manufacturer can demonstrate that, during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released, or [§1915.1001(k)(7)(iv)[A]]
[B] Asbestos is present in a product in concentrations less than 1.0 percent. [§1915.1001(k)(7)(iv)[B]]
(8) Signs. [§1915.1001(k)(8)]
(i) Warning signs that demarcate the regulated area shall be provided and displayed at each location where a regulated area is required to be established by paragraph (e) of this section. Signs shall be posted at such a distance from such a location that an employee may read the signs and take necessary protective steps before entering the area marked by the signs. [§1915.1001(k)(8)(i)]
(ii) The warning signs required by this paragraph (k)(8) shall bear the following legend: [§1915.1001(k)(8)(ii)]
DANGER ASBESTOS
MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY
(iii) 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: [§1915.1001(k)(8)(iii)]
WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA
(iv) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by paragraph (k)(8) of this section. Means to ensure employee comprehension may include the use of foreign languages, pictographs, and graphics. [§1915.1001(k)(8)(iv)]
(v) When a building/vessel owner or employer identifies previously installed PACM and/or ACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required by paragraph (k)(6) of this section may be posted in lieu of labels, so long as they contain information required for labeling. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs or labels can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training. [§1915.1001(k)(8)(v)]
(vi) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (k)(8)(ii) of this section: [§1915.1001(k)(8)(vi)]
DANGER ASBESTOS
CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY
(vii) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (k)(8)(iii) of this section: [§1915.1001(k)(8)(vii)] RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
(9) Employee information and training. [§1915.1001(k)(9)]
(i) The employer shall train each employee who is likely to be exposed in excess of a PEL and each employee who performs Class I through IV asbestos operations in accordance with the requirements of this section. Training shall be provided at no cost to the employee. The employer shall institute a training program and ensure employee participation in the program. [§1915.1001(k)(9)(i)]
(ii) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter. [§1915.1001(k)(9)(ii)]
(iii) Training for Class I operations and for Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures under this section shall be the equivalent in curriculum, training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR part 763, subpart E, appendix C). [§1915.1001(k)(9)(iii)]
(iv) Training for other Class II work. [§1915.1001(k)(9)(iv)]
[A] For work with asbestos containing roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that category. Such course shall include “hands-on” training and shall take at least 8 hours. [§1915.1001(k)(9)(iv)[A]]
[B] An employee who works with more than one of the categories of material specified in paragraph (k)(9)(iv)(A) of this section shall receive training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses. [§1915.1001(k)(9)(iv)[B]]
[C] For Class II operations not involving the categories of material specified in paragraph (k)(9)(iv)(A) of this section, training shall be provided which shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to the category of material being removed, and shall include “hands-on” training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses. [§1915.1001(k)(9)(iv)[C]]
(v) Training for Class III employees shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall also include “handson” training and shall take at least 16 hours. Exception: For Class III operations for which the competent person determines that the EPA curriculum does not adequately cover the training needed to perform that activity, training shall include as a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that activity, and shall include “hands-on” training in the work practices applicable to each category of material that the employee disturbs. [§1915.1001(k)(9)(v)]
(vi) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a course shall include available information concerning the locations of thermal system insulation and surfacing ACM/PACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified; and instruction in the recognition of damage, deterioration, and delamination of asbestos containing building materials. Such a course shall take at least 2 hours. [§1915.1001(k)(9)(vi)]
(vii) Training for employees who are likely to be exposed in excess of the PEL and who are not otherwise required to be trained under paragraph (k)(9) (iii) through (vi) of this section, shall meet the requirements of paragraph (k)(9)(viii) of this section. [§1915.1001(k)(9)(vii)]
(viii) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content required by the provisions in paragraphs (k)(9)(iii) through (vi) of this section, the employer shall ensure that each such employee is informed of the following:
[§1915.1001(k)(9)(viii)]
[A] Methods of recognizing asbestos, including the requirement in paragraph (k)(1) of this section to presume that certain building materials contain asbestos; [§1915.1001(k)(9)(viii)[A]]
[B] The health effects associated with asbestos exposure; [§1915.1001(k)(9)(viii)[B]]
[C] The relationship between smoking and asbestos in producing lung cancer; [§1915.1001(k)(9)(viii)[C]]
[D] The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures; where Class III and IV work will be or is performed, the
contents of EPA 20T-2003, “Managing Asbestos InPlace” July 1990 or its equivalent in content; [§1915.1001(k)(9)(viii)[D]]
[E] The purpose, proper use, fitting instructions, and limitations of respirators as required by 29 CFR 1910.134; [§1915.1001(k)(9)(viii)[E]]
[F] The appropriate work practices for performing the asbestos job; [§1915.1001(k)(9)(viii)[F]]
[G] Medical surveillance program requirements; [§1915.1001(k)(9)(viii)[G]]
[H] The content of this standard including appendices; [§1915.1001(k)(9)(viii)[H]]
[I] The names, addresses and phone numbers of public health organizations which provide information, materials and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in appendix J to this section, to comply with this requirement; and [§1915.1001(k)(9)(viii)[I]]
[J] The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels. [§1915.1001(k)(9)(viii)[J]]
(10) Access to training materials. [§1915.1001(k)(10)]
(i) The employer shall make readily available to affected employees without cost, written materials relating to the employee training program, including a copy of this regulation.
[§1915.1001(k)(10)(i)]
(ii) The employer shall provide to the Assistant Secretary and the Director, upon request, all information and training materials relating to the employee information and training program. [§1915.1001(k)(10)(ii)]
(iii) The employer shall inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer shall distribute such material, consisting of NIH Publication No, 89-1647, or equivalent selfhelp material, which is approved or published by a public health organization listed in appendix J to this section. [§1915.1001(k)(10)(iii)]
(l) Housekeeping [§1915.1001(l)]
(1) Vacuuming. Where vacuuming methods are selected, HEPA filtered vacuuming equipment must be used. The equipment shall be used and emptied in a manner that minimizes the reentry of asbestos into the workplace. [§1915.1001(l)(1)]
(2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations, where the procedures specified in paragraph (g)(8)(ii) of this section apply. [§1915.1001(l)(2)]
(3) Care of asbestos-containing flooring/deck material. [§1915.1001(l)(3)]
(i) All vinyl and asphalt flooring/deck material shall be maintained in accordance with this paragraph unless the building/facility owner demonstrates, pursuant to paragraph (g)(8)(i)(I) of this section that the flooring/deck does not contain asbestos. [§1915.1001(l)(3)(i)]
(ii) Sanding of flooring/deck material is prohibited. [§1915.1001(l)(3)(ii)]
(iii) Stripping of finishes shall be conducted using low abrasion pads at speeds lower than 300 rpm and wet methods. [§1915.1001(l)(3)(iii)]
(iv) Burnishing or dry buffing may be performed only on flooring/deck which has sufficient finish so that the pad cannot contact the flooring/deck material. [§1915.1001(l)(3)(iv)]
(4) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/ PACM or visibly deteriorated ACM: [§1915.1001(l)(4)]
(i) Shall not be dusted or swept dry, or vacuumed without using a HEPA filter; [§1915.1001(l)(4)(i)]
(ii) Shall be promptly cleaned up and disposed of in leak tight containers. [§1915.1001(l)(4)(ii)]
(m) Medical surveillance — [§1915.1001(m)]
(1) General — [§1915.1001(m)(1)]
(i) Employees covered. [§1915.1001(m)(1)(i)]
[A] The employer shall institute a medical surveillance program for all employees who for a combined total of 30 or more days per year are engaged in Class I, II and III work or are exposed at or above a permissible exposure limit. For purposes of this paragraph, any day in which a worker engages in Class II or Class III operations or a combination thereof on intact material for one hour or less (taking into account the entire time spent on the removal operation, including cleanup) and, while doing so, adheres fully to the work practices specified in this standard, shall not be counted. [§1915.1001(m)(1)(i)[A]]
[B] For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician. [§1915.1001(m)(1)(i)[B]]
(ii) Examination. [§1915.1001(m)(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 are provided at no cost to the employee and at a reasonable time and place. [§1915.1001(m)(1)(ii)[A]]
[B] Persons other than such licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate academic or professional institution. [§1915.1001(m)(1)(ii)[B]]
(2) Medical examinations and consultations [§1915.1001(m)(2)]
(i) Frequency. The employer shall make available medical examinations and consultations to each employee covered under paragraph (m)(1)(i) of this section on the following schedules: [§1915.1001(m)(2)(i)]
[A] Prior to assignment of the employee to an area where negative-pressure respirators are worn; [§1915.1001(m)(2)(i)[A]]
[B] When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I, II, or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure; [§1915.1001(m)(2)(i)[B]]
[C] And at least annually thereafter. [§1915.1001(m)(2)(i)[C]]
[D] If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer shall provide such examinations to affected employees at the frequencies specified by the physician. [§1915.1001(m)(2)(i)[D]]
[E] Exception: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with this paragraph within the past 1-year period. [§1915.1001(m)(2)(i)[E]]
(ii) Content. Medical examinations made available pursuant to paragraphs (m)(2)(i) (A) through (m)(2)(i) (C) of this section shall include: [§1915.1001(m)(2)(ii)]
[A] A medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems. [§1915.1001(m)(2)(ii)[A]]
[B] On initial examination, the standardized questionnaire contained in part 1 of appendix D to this section and, on annual examination, the abbreviated standardized questionnaire contained in part 2 of appendix D to this section. [§1915.1001(m)(2)(ii)[B]]
[C] A physical examination directed to the pulmonary and gastrointestinal systems, including a 14- by 17-inch or other reasonably-sized standard film or digital posterior-anterior chest X-ray to be administered at the discretion of the physician, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV1). Classification of all chest Xrays shall be conducted in accordance with appendix E to this section. [1915.1001(m)(2)(ii)[C]]
[D] Any other examinations or tests deemed necessary by the examining physician. [§1915.1001(m)(2)(ii)[D]]
(3) Information provided to the physician. The employer shall provide the following information to the examining physician:
[§1915.1001(m)(3)]
(i) A copy of this standard and appendices D, E, and I to this section; [§1915.1001(m)(3)(i)]
(ii) A description of the affected employee's duties as they relate to the employee's exposure; [§1915.1001(m)(3)(ii)]
(iii) The employee's representative exposure level or anticipated exposure level; [§1915.1001(m)(3)(iii)]
(iv) A description of any personal protective and respiratory equipment used or to be used; and [§1915.1001(m)(3)(iv)]
(v) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician. [§1915.1001(m)(3)(v)]
(4) Physician's written opinion. [§1915.1001(m)(4)]
(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: [§1915.1001(m)(4)(i)]
§1915.1001 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
[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; [§1915.1001(m)(4)(i)[A]]
[B] Any recommended limitations on the employee or on the use of personal protective equipment such as respirators; and [§1915.1001(m)(4)(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 that may result from asbestos exposure. [§1915.1001(m)(4)(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. [§1915.1001(m)(4)(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. [§1915.1001(m)(4)(ii)]
(iii) The employer shall provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt. [§1915.1001(m)(4)(iii)]
(n) Recordkeeping [§1915.1001(n)]
(1) Objective data relied on pursuant to paragraph (f) of this section. [§1915.1001(n)(1)]
(i) Where the employer has relied on objective data that demonstrates that products made from or containing asbestos or the activity involving such products or material are not capable of releasing fibers of asbestos in concentrations at or above the permissible exposure limit and/or excursion limit under the expected conditions of processing, use, or handling to satisfy the requirements of paragraph (f) of this section, the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption. [§1915.1001(n)(1)(i)]
(ii) The record shall include at least the following information:
[§1915.1001(n)(1)(ii)]
[A] The product qualifying for exemption; [§1915.1001(n)(1)(ii)[A]]
[B] The source of the objective data; [§1915.1001(n)(1)(ii)[B]]
[C] The testing protocol, results of testing, and/or analysis of the material for the release of asbestos;
[§1915.1001(n)(1)(ii)[C]]
[D] A description of the operation exempted and how the data support the exemption; and [§1915.1001(n)(1)(ii)[D]]
[E] Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption. [§1915.1001(n)(1)(ii)[E]]
(iii) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
[§1915.1001(n)(1)(iii)]
(2) Exposure measurements. [§1915.1001(n)(2)]
(i) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in paragraph (f) of this section. Note: The employer may utilize the services of qualified organizations such as industry trade associations and employee associations to maintain the records required by this section.
[§1915.1001(n)(2)(i)]
(ii) This record shall include at least the following information:
[§1915.1001(n)(2)(ii)]
[A] The date of measurement; [§1915.1001(n)(2)(ii)[A]]
[B] The operation involving exposure to asbestos that is being monitored; [§1915.1001(n)(2)(ii)[B]]
[C] Sampling and analytical methods used and evidence of their accuracy; [§1915.1001(n)(2)(ii)[C]]
[D] Number, duration, and results of samples taken; [§1915.1001(n)(2)(ii)[D]]
[E] Type of protective devices worn, if any; and [§1915.1001(n)(2)(ii)[E]]
[F] Name and exposure of the employees whose exposures are represented. [1915.1001(n)(2)(ii)[F]]
(iii) The employer shall maintain this record for at least thirty (30) years, in accordance with 29 CFR 1910.1020. [§1915.1001(n)(2)(iii)]
(3) Medical surveillance. [§1915.1001(n)(3)]
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by paragraph (m) of this section, in accordance with 29 CFR 1910.1020. [§1915.1001(n)(3)(i)]
(ii) The record shall include at least the following information: [§1915.1001(n)(3)(ii)] [A] The name of the employee; [1915.1001(n)(3)(ii)[A]]
[B] A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations. [§1915.1001(n)(3)(ii)[B]]
[C] Physician's written opinions; [§1915.1001(n)(3)(ii)[C]]
[D] Any employee medical complaints related to exposure to asbestos; and [§1915.1001(n)(3)(ii)[D]]
[E] A copy of the information provided to the physician as required by paragraph (m) of this section. [§1915.1001(n)(3)(ii)[E]]
(iii) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with 29 CFR 1910.1020. [§1915.1001(n)(3)(iii)]
(4) Training records. The employer shall maintain all employee training records for one (1) year beyond the last date of employment by that employer. [§1915.1001(n)(4)]
(5) Data to rebut PACM. [§1915.1001(n)(5)]
(i) Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos-containing, such data shall be maintained for as long as they are relied upon to rebut the presumption. [§1915.1001(n)(5)(i)]
(ii) [Reserved] [§1915.1001(n)(5)(ii)]
(6) Records of required notification. [§1915.1001(n)(6)]
(i) Where the building/vessel owner has communicated and received information concerning the identity, location and quantity of ACM and PACM, written records of such notifications and their content shall be maintained by the owner for the duration of ownership and shall be transferred to successive owners of such buildings/facilities/vessels. [§1915.1001(n)(6)(i)]
(ii) [Reserved] [§1915.1001(n)(6)(ii)]
(7) Availability. [§1915.1001(n)(7)]
(i) The employer, upon written request, shall make all records required to be maintained by this section available to the Assistant Secretary and the Director for examination and copying. [§1915.1001(n)(7)(i)]
(ii) The employer, upon request, shall make any exposure records required by paragraphs (f) and (n) of this section available for examination and copying to affected employees, former employees, designated representatives, and the Assistant Secretary, in accordance with 29 CFR 1910.1020(a) through (e) and (g) through (i). [§1915.1001(n)(7)(ii)]
(iii) The employer, upon request, shall make employee medical records required by paragraphs (m) and (n) of this section available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Assistant Secretary, in accordance with 29 CFR 1910.1020. [§1915.1001(n)(7)(iii)]
(8) Transfer of records. The employer shall comply with the requirements concerning transfer of records set forth in 29 CFR 1910.1020(h). [§1915.1001(n)(8)]
(o) Qualified person [§1915.1001(o)]
(1) General. On all shipyard worksites covered by this standard, the employer shall designate a qualified person, having the qualifications and authority for ensuring worker safety and health required by subpart C, General Safety and Health Provisions for Construction (29 CFR 1926.20 through 1926.32).
[§1915.1001(o)(1)]
(2) Required inspections by the qualified person. §1926.20(b)(2) which requires health and safety prevention programs to provide for frequent and regular inspections of the job sites, materials, and equipment to be made by qualified persons, is incorporated.
[§1915.1001(o)(2)]
(3) Additional inspections. In addition, the qualified person shall make frequent and regular inspections of the job sites, in order to perform the duties set out in paragraph (o)(3)(i) of this section. For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III and IV jobs, on-site inspections shall be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request. [§1915.1001(o)(3)]
(i) On all worksites where employees are engaged in Class I or II asbestos work, the qualified person designated in accordance with paragraph (e)(6) of this section shall perform or supervise the following duties, as applicable: [§1915.1001(o)(3)(i)]
[A] Set up the regulated area, enclosure, or other containment; [§1915.1001(o)(3)(i)[A]]
[B] Ensure (by on-site inspection) the integrity of the enclosure or containment; [§1915.1001(o)(3)(i)[B]]
[C] Set up procedures to control entry to and exit from the enclosure and/or area; [§1915.1001(o)(3)(i)[C]]
[D] Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by paragraph (f) of this section; [§1915.1001(o)(3)(i)[D]]
[E] Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by paragraphs (h) and (i) of this section; [§1915.1001(o)(3)(i)[E]]
[F] Ensure through on-site supervision, that employees set up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements; [§1915.1001(o)(3)(i)[F]]
[G] Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in paragraph (j) of this section; [§1915.1001(o)(3)(i)[G]]
[H] Ensure that through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and [§1915.1001(o)(3)(i)[H]]
[I] Ensure that notification requirements in paragraph (k) of this section are met. [§1915.1001(o)(3)(i)[I]]
(4) Training for the competent person. [§1915.1001(o)(4)]
(i) For Class I and II asbestos work the qualified person shall be trained in all aspects of asbestos removal and handling, including: Abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course for supervisors, that meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763, subpart E, appendix C), such as a course conducted by an EPA-approved or state-approved training provider, certified by EPA or a state, or a course equivalent in stringency, content, and length. [§1915.1001(o)(4)(i)]
(ii) For Class III and IV asbestos work, the qualified person shall be trained in aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures, practices for reducing asbestos exposures, use of wet methods, the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length. Qualified persons for Class III and Class IV work may also be trained pursuant to the requirements of paragraph (o)(4)(i) of this section.
[§1915.1001(o)(4)(ii)]
(p) Appendices.
(1) Appendices A, C, D, and E to this section are incorporated as part of this section and the contents of these appendices are mandatory.
(2) Appendices B, F, H, I, J, and K to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
§1915.1001 Appendix A
OSHA Reference Method (Mandatory) OSHA Reference Method (Mandatory)
This mandatory appendix specifies the procedure for analyzing air samples for asbestos, and specifies quality control procedures that must be implemented by laboratories performing the analysis. The sampling and analytical methods described below represent the elements of the available monitoring methods (such as appendix B to this section, the most current version of the OSHA method ID-160, or the most current version of the NIOSH Method 7400) which OSHA considers to be essential to achieve adequate employee exposure monitoring while allowing employers to use methods that are already established within their organizations. All employers who are required to conduct air monitoring under paragraph (f) of this section are required to utilize analytical laboratories that use this procedure, or an equivalent method, for collecting and analyzing samples.
Sampling and Analytical Procedure
1. The sampling medium for air samples shall be mixed cellulose ester filter membranes. These shall be designated by the manufacturer as suitable for asbestos counting. See below for rejection of blanks.
2. The preferred collection device shall be the 25-mm diameter cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may be used if necessary but only if written justification for the need to use the 37-mm filter cassette accompanies the sample results in the employee's exposure monitoring record. Other cassettes such as the Bell-mouth may be used within the limits of their validation. Do not reuse or reload cassettes for asbestos sample collection.
3. An air flow rate between 0.5 liter/min and 5 liters/min shall be selected for the 25-mm cassette. If the 37-mm cassette is used, an air flow rate between 1 liter/min and 5 liters/min shall be selected.
4. Where possible, a sufficient air volume for each air sample shall be collected to yield between 100 and 1,300 fibers per square millimeter on the membrane filter. If a filter darkens in appearance or if loose dust is seen on the filter, a second sample shall be started.
5. Ship the samples in a rigid container with sufficient packing material to prevent dislodging the collected fibers. Packing material that has a high electrostatic charge on its surface (e.g., expanded polystyrene) cannot be used because such material can cause loss of fibers to the sides of the cassette.
6. Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.
7. Personal samples shall be taken in the “breathing zone” of the employee (i.e., attached to or near the collar or lapel near the worker's face).
8. Fiber counts shall be made by positive phase contrast using a microscope with an 8 to 10× eyepiece and a 40 to 45× objective for a total magnification of approximately 400× and a numerical aperture of 0.65 to 0.75. The microscope shall also be fitted with a green or blue filter.
9. The microscope shall be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of 100 micrometers (±2 micrometers).
10. The phase-shift detection limit of the microscope shall be about 3 degrees measured using the HSE phase shift test slide as outlined below.
a. Place the test slide on the microscope stage and center it under the phase objective.
b. Bring the blocks of grooved lines into focus.
Note: The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) in descending order of visibility from sets 1 to 7, seven being the least visible. The requirements for asbestos, tremolite, anthophyllite, and actinolite counting are that the microscope optics must resolve the grooved lines in set 3 completely, although they may appear somewhat faint, and that the grooved lines in sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially visible but may vary slightly in visibility between microscopes. A microscope that fails to meet these requirements has either too low or too high a resolution to be used for asbestos, tremolite, anthophyllite, and actinolite counting.
c. If the image deteriorates, clean and adjust the microscope optics. If the problem persists, consult the microscope manufacturer.
11. Each set of samples taken will include 10% field blanks or a minimum of 2 field blanks. These blanks must come from the same lot as the filters used for sample collection. The field blank results shall be averaged and subtracted from the analytical results before reporting. A set consists of any sample or group of samples for which an evaluation for this standard must be made. Any samples represented by a field blank having a fiber count in excess of the detection limit of the method being used shall be rejected.
12. The samples shall be mounted by the acetone/triacetin method or a method with an equivalent index of refraction and similar clarity.
13. Observe the following counting rules.
a. Count only fibers equal to or longer than 5 micrometers. Measure the length of curved fibers along the curve.
b. In the absence of other information, count all particles as asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1 or greater.
c. Fibers lying entirely within the boundary of the Walton-Beckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle, shall receive the count of one half (1⁄2). Do not count any fiber that crosses the graticule boundary more than once. Reject and do not count any other fibers even though they may be visible outside the graticule area.
d. Count bundles of fibers as one fiber unless individual fibers can be identified by observing both ends of an individual fiber.
e. Count enough graticule fields to yield 100 fibers. Count a minimum of 20 fields; stop counting at 100 fields regardless of fiber count.
14. Blind recounts shall be conducted at the rate of 10 percent.
Quality Control Procedures
1. Intra-laboratory program. Each laboratory and/or each company with more than one microscopist counting slides shall establish a statistically designed quality assurance program involving blind recounts and comparisons between microscopists to monitor the variability of counting by each microscopist and between microscopists. In a company with more than one laboratory, the program shall include all laboratories and shall also evaluate the laboratoryto-laboratory variability.
2. a. Interlaboratory program. Each laboratory analyzing asbestos, tremolite, anthophyllite, and actinolite samples for compliance determination shall implement an interlaboratory quality assurance program that as a minimum includes participation of at least two
§1915.1001 Appendix B Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
other independent laboratories. Each laboratory shall participate in round robin testing at least once every 6 months with at least all the other laboratories in its interlaboratory quality assurance group. Each laboratory shall submit slides typical of its own work load for use in this program. The round robin shall be designed and results analyzed using appropriate statistical methodology.
b. All laboratories should participate in a national sample testing scheme such as the Proficiency Analytical Testing Program (PAT), the Asbestos Registry sponsored by the American Industrial Hygiene Association (AIHA).
3. All individuals performing asbestos, tremolite, anthophyllite, and actinolite analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos, tremolite, anthophyllite, and actinolite dust or an equivalent course.
4. When the use of different microscopes contributes to differences between counters and laboratories, the effect of the different microscope shall be evaluated and the microscope shall be replaced, as necessary.
5. Current results of these quality assurance programs shall be posted in each laboratory to keep the microscopists informed.
§1915.1001 Appendix B
Detailed Procedures for Asbestos Sampling and Analysis (Non-mandatory)
Matrix: Air
OSHA Permissible Exposure Limits:
Time Weighted Average 0.1 fiber/cc
Excursion Level (30 minutes)1.0 fiber/cc
Collection Procedure:
A known volume of air is drawn through a 25-mm diameter cassette containing a mixedcellulose ester filter. The cassette must be equipped with an electrically conductive 50-mm extension cowl. The sampling time and rate are chosen to give a fiber density of between 100 to 1,300 fibers/mm2 on the filter.
Recommended Sampling Rate 0.5 to 5.0 liters/minute (L/min)
Recommended Air Volumes:
Minimum 25 L
Maximum2,400 L
Analytical Procedure: A portion of the sample filter is cleared and prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM) at 400X.
Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by USDOL-OSHA. Similar products from other sources can be substituted.
1. Introduction
This method describes the collection of airborne asbestos fibers using calibrated sampling pumps with mixed-cellulose ester (MCE) filters and analysis by phase contrast microscopy (PCM). Some terms used are unique to this method and are defined below:
Asbestos: A term for naturally occurring fibrous minerals. Asbestos includes chrysotile, crocidolite, amosite (cummingtonite-grunerite asbestos), tremolite asbestos, actinolite asbestos, anthophyllite asbestos, and any of these minerals that have been chemically treated and/or altered. The precise chemical formulation of each species will vary with the location from which it was mined. Nominal compositions are listed:
Chrysotile
Crocidolite
Mg3Si2O5(OH)4
Na2Fe32+Fe23+Si8O22(OH)2
Amosite (Mg,Fe)7Si8O22(OH)2
Tremolite-actinolite Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite (Mg,Fe)7Si8O22(OH)2
Asbestos Fiber: A fiber of asbestos which meets the criteria specified below for a fiber.
Aspect Ratio: The ratio of the length of a fiber to it's diameter (e.g. 3:1, 5:1 aspect ratios).
Cleavage Fragments: Mineral particles formed by comminution of minerals, especially those characterized by parallel sides and a moderate aspect ratio (usually less than 20:1).
Detection Limit: The number of fibers necessary to be 95% certain that the result is greater than zero.
Differential Counting: The term applied to the practice of excluding certain kinds of fibers from the fiber count because they do not appear to be asbestos.
Fiber: A particle that is 5 μm or longer, with a length-to-width ratio of 3 to 1 or longer.
Field: The area within the graticule circle that is superimposed on the microscope image.
Set: The samples which are taken, submitted to the laboratory, analyzed, and for which, interim or final result reports are generated.
Tremolite, Anthophyllite, and Actinolite: The non-asbestos form of these minerals which meet the definition of a fiber. It includes any of these minerals that have been chemically treated and/or altered.
Walton-Beckett Graticule: An eyepiece graticule specifically designed for asbestos fiber counting. It consists of a circle with a projected diameter of 100 ±2 μm (area of about 0.00785 mm2) with a crosshair having tic-marks at 3-μm intervals in one direction and 5-μm in the orthogonal direction. There are marks around the periphery of the circle to demonstrate the proper sizes and shapes of fibers. This design is reproduced in figure 1. The disk is placed in one of the microscope eyepieces so that the design is superimposed on the field of view.
1.1. History
Early surveys to determine asbestos exposures were conducted using impinger counts of total dust with the counts expressed as million particles per cubic foot. The British Asbestos Research Council recommended filter membrane counting in 1969. In July 1969, the Bureau of Occupational Safety and Health published a filter membrane method for counting asbestos fibers in the United States. This method was refined by NIOSH and published as P & CAM 239. On May 29, 1971, OSHA specified filter membrane sampling with phase contrast counting for evaluation of asbestos exposures at work sites in the United States. The use of this technique was again required by OSHA in 1986. Phase contrast microscopy has continued to be the method of choice for the measurement of occupational exposure to asbestos.
1.2. Principle
Air is drawn through a MCE filter to capture airborne asbestos fibers. A wedge shaped portion of the filter is removed, placed on a glass microscope slide and made transparent. A measured area (field) is viewed by PCM. All the fibers meeting defined criteria for asbestos are counted and considered a measure of the airborne asbestos concentration.
1.3. Advantages and Disadvantages
There are four main advantages of PCM over other methods:
(1) The technique is specific for fibers. Phase contrast is a fiber counting technique which excludes non-fibrous particles from the analysis.
(2) The technique is inexpensive and does not require specialized knowledge to carry out the analysis for total fiber counts.
(3) The analysis is quick and can be performed on-site for rapid determination of air concentrations of asbestos fibers.
(4) The technique has continuity with historical epidemiological studies so that estimates of expected disease can be inferred from long-term determinations of asbestos exposures.
The main disadvantage of PCM is that it does not positively identify asbestos fibers. Other fibers which are not asbestos may be included in the count unless differential counting is performed. This requires a great deal of experience to adequately differentiate asbestos from non-asbestos fibers. Positive identification of asbestos must be performed by polarized light or electron microscopy techniques. A further disadvantage of PCM is that the smallest visible fibers are about 0.2 μm in diameter while the finest asbestos fibers may be as small as 0.02 μm in diameter. For some exposures, substantially more fibers may be present than are actually counted.
1.4. Workplace Exposure
Asbestos is used by the construction industry in such products as shingles, floor tiles, asbestos cement, roofing felts, insulation and acoustical products. Non-construction uses include brakes, clutch facings, paper, paints, plastics, and fabrics. One of the most significant exposures in the workplace is the removal and encapsulation of asbestos in schools, public buildings, and homes. Many workers have the potential to be exposed to asbestos during these operations.
About 95% of the asbestos in commercial use in the United States is chrysotile. Crocidolite and amosite make up most of the remainder. Anthophyllite and tremolite or actinolite are likely to be encountered as contaminants in various industrial products.
1.5. Physical Properties
Asbestos fiber possesses a high tensile strength along its axis, is chemically inert, non-combustible, and heat resistant. It has a high electrical resistance and good sound absorbing properties. It can be weaved into cables, fabrics or other textiles, and also matted into asbestos papers, felts, or mats.
Detailed Procedures for Asbestos Sampling and Analysis (Non-mandatory)
2. Range and Detection Limit
2.1. The ideal counting range on the filter is 100 to 1,300 fibers/ mm2. With a Walton-Beckett graticule this range is equivalent to 0.8 to 10 fibers/field. Using NIOSH counting statistics, a count of 0.8 fibers/field would give an approximate coefficient of variation (CV) of 0.13.
2.2. The detection limit for this method is 4.0 fibers per 100 fields or 5.5 fibers/mm2. This was determined using an equation to estimate the maximum CV possible at a specific concentration (95% confidence) and a Lower Control Limit of zero. The CV value was then used to determine a corresponding concentration from historical CV vs fiber relationships. As an example:
Lower Control Limit (95% Confidence) = AC — 1.645(CV)(AC)
Where:
AC = Estimate of the airborne fiber concentration (fibers/cc)
Setting the Lower Control Limit = 0 and solving for CV:
0 = AC — 1.645(CV)(AC)
CV = 0.61
This value was compared with CV vs. count curves. The count at which CV = 0.61 for Leidel-Busch counting statistics (8.9.) or for an OSHA Salt Lake Technical Center (OSHA-SLTC) CV curve (see appendix A for further information) was 4.4 fibers or 3.9 fibers per 100 fields, respectively. Although a lower detection limit of 4 fibers per 100 fields is supported by the OSHASLTC data, both data sets support the 4.5 fibers per 100 fields value.
3. Method Performance — Precision and Accuracy
Precision is dependent upon the total number of fibers counted and the uniformity of the fiber distribution on the filter. A general rule is to count at least 20 and not more than 100 fields. The count is discontinued when 100 fibers are counted, provided that 20 fields have already been counted. Counting more than 100 fibers results in only a small gain in precision. As the total count drops below 10 fibers, an accelerated loss of precision is noted.
At this time, there is no known method to determine the absolute accuracy of the asbestos analysis. Results of samples prepared through the Proficiency Analytical Testing (PAT) Program and analyzed by the OSHA-SLTC showed no significant bias when compared to PAT reference values. The PAT samples were analyzed from 1987 to 1989 (N=36) and the concentration range was from 120 to 1,300 fibers/mm2
4. Interferences
Fibrous substances, if present, may interfere with asbestos analysis. Some common fibers are: fiberglass anhydrate plant fibers perlite veins gypsum some synthetic fibers membrane structures sponge spicules diatoms microorganism wollastonite
The use of electron microscopy or optical tests such as polarized light, and dispersion staining may be used to differentiate these materials from asbestos when necessary.
5. Sampling
5.1. Equipment
5.1.1. Sample assembly (The assembly is shown in figure 3). Conductive filter holder consisting of a 25-mm diameter, 3piece cassette having a 50-mm long electrically conductive extension cowl. Backup pad, 25-mm, cellulose. Membrane filter, mixed-cellulose ester (MCE), 25-mm, plain, white, 0.4 to 1.2-μm pore size.
Notes:
(a) DO NOT RE-USE CASSETTES.
(b) Fully conductive cassettes are required to reduce fiber loss to the sides of the cassette due to electrostatic attraction.
(c) Purchase filters which have been selected by the manufacturer for asbestos counting or analyze representative filters for fiber background before use. Discard the filter lot if more than 4 fibers/100 fields are found.
(d) To decrease the possibility of contamination, the sampling system (filter-backup pad-cassette) for asbestos is usually preassembled by the manufacturer.
(e) Other cassettes, such as the Bell-mouth, may be used within the limits of their validation.
5.1.2. Gel bands for sealing cassettes.
5.1.3. Sampling pump. Each pump must be a battery operated, self-contained unit small enough to be placed on the monitored employee and not interfere with the work being performed. The pump must be capable of sampling at the collection rate for the required sampling time.
5.1.4. Flexible tubing, 6-mm bore.
5.1.5. Pump calibration. Stopwatch and bubble tube/burette or electronic meter.
5.2. Sampling Procedure
5.2.1. Seal the point where the base and cowl of each cassette meet with a gel band or tape.
5.2.2. Charge the pumps completely before beginning.
5.2.3. Connect each pump to a calibration cassette with an appropriate length of 6-mm bore plastic tubing. Do not use luer connectors — the type of cassette specified above has built-in adapters.
5.2.4. Select an appropriate flow rate for the situation being monitored. The sampling flow rate must be between 0.5 and 5.0 L/ min for personal sampling and is commonly set between 1 and 2 L/min. Always choose a flow rate that will not produce overloaded filters.
5.2.5.Calibrate each sampling pump before and after sampling with a calibration cassette in-line (Note: This calibration cassette should be from the same lot of cassettes used for sampling). Use a primary standard (e.g. bubble burette) to calibrate each pump. If possible, calibrate at the sampling site.
Note: If sampling site calibration is not possible, environmental influences may affect the flow rate. The extent is dependent on the type of pump used. Consult with the pump manufacturer to determine dependence on environmental influences. If the pump is affected by temperature and pressure changes, correct the flow rate by using the formula shown in the section “Sampling Pump Flow Rate Corrections” at the end of this appendix.
5.2.6. Connect each pump to the base of each sampling cassette with flexible tubing. Remove the end cap of each cassette and take each air sample open face. Assure that each sample cassette is held open side down in the employee's breathing zone during sampling. The distance from the nose/mouth of the employee to the cassette should be about 10 cm. Secure the cassette on the collar or lapel of the employee using spring clips or other similar devices.
5.2.7.A suggested minimum air volume when sampling to determine TWA compliance is 25 L. For Excursion Limit (30 min sampling time) evaluations, a minimum air volume of 48 L is recommended.
5.2.8.The most significant problem when sampling for asbestos is overloading the filter with non-asbestos dust. Suggested maximum air sample volumes for specific environments are:
Asbestos
Asbestos
Caution: Do not overload the filter with dust. High levels of nonfibrous dust particles may obscure fibers on the filter and lower the count or make counting impossible. If more than about 25 to 30% of the field area is obscured with dust, the result may be biased low. Smaller air volumes may be necessary when there is excessive non-asbestos dust in the air. While sampling, observe the filter with a small flashlight. If there is a visible layer of dust on the filter, stop sampling, remove and seal the cassette, and replace with a new sampling assembly. The total dust loading should not exceed 1 mg.
5.2.9.Blank samples are used to determine if any contamination has occurred during sample handling. Prepare two blanks for the first 1 to 20 samples. For sets containing greater than 20 samples, prepare blanks as 10% of the samples. Handle blank samples in the same manner as air samples with one exception: Do not draw any air through the blank samples. Open the blank cassette in the place where the sample cassettes are mounted on the employee. Hold it open for about 30 seconds. Close and seal the cassette appropriately. Store blanks for shipment with the sample cassettes.
5.2.10. Immediately after sampling, close and seal each cassette with the base and plastic plugs. Do not touch or puncture the filter membrane as this will invalidate the analysis.
5.2.11. Attach and secure a sample seal around each sample cassette in such a way as to assure that the end cap and base plugs cannot be removed without destroying the seal. Tape the ends of the seal together since the seal is not long enough to be wrapped end-to-end. Also wrap tape around the cassette at each joint to keep the seal secure.
5.3. Sample Shipment
5.3.1. Send the samples to the laboratory with paperwork requesting asbestos analysis. List any known fibrous interferences Environment
§1915.1001 Appendix B Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
present during sampling on the paperwork. Also, note the workplace operation(s) sampled.
5.3.2. Secure and handle the samples in such that they will not rattle during shipment nor be exposed to static electricity. Do not ship samples in expanded polystyrene peanuts, vermiculite, paper shreds, or excelsior. Tape sample cassettes to sheet bubbles and place in a container that will cushion the samples in such a manner that they will not rattle.
5.3.3. To avoid the possibility of sample contamination, always ship bulk samples in separate mailing containers.
6. Analysis
6.1. Safety Precautions
6.1.1. Acetone is extremely flammable and precautions must be taken not to ignite it. Avoid using large containers or quantities of acetone. Transfer the solvent in a ventilated laboratory hood. Do not use acetone near any open flame. For generation of acetone vapor, use a spark free heat source.
6.1.2. Any asbestos spills should be cleaned up immediately to prevent dispersal of fibers. Prudence should be exercised to avoid contamination of laboratory facilities or exposure of personnel to asbestos. Asbestos spills should be cleaned up with wet methods and/or a High Efficiency Particulate-Air (HEPA) filtered vacuum.
Caution: Do not use a vacuum without a HEPA filter — It will disperse fine asbestos fibers in the air.
6.2. Equipment
6.2.1. Phase contrast microscope with binocular or trinocular head.
6.2.2. Widefield or Huygenian 10X eyepieces (NOTE: The eyepiece containing the graticule must be a focusing eyepiece. Use a 40X phase objective with a numerical aperture of 0.65 to 0.75).
6.2.3. Kohler illumination (if possible) with green or blue filter.
6.2.4. Walton-Beckett Graticule, type G-22 with 100 ±2 μm projected diameter.
6.2.5. Mechanical stage. A rotating mechanical stage is convenient for use with polarized light.
6.2.6. Phase telescope.
6.2.7. Stage micrometer with 0.01-mm subdivisions.
6.2.8. Phase-shift test slide, mark II (Available from PTR optics Ltd., and also McCrone).
6.2.9. Precleaned glass slides, 25 mm×75 mm. One end can be frosted for convenience in writing sample numbers, etc., or paste-on labels can be used.
6.2.10. Cover glass #11⁄2
6.2.11. Scalpel (#10, curved blade).
6.2.12. Fine tipped forceps.
6.2.13. Aluminum block for clearing filter (see appendix D and figure 4).
6.2.14. Automatic adjustable pipette, 100- to 500-μL.
6.2.15. Micropipette, 5 μL.
6.3. Reagents
6.3.1. Acetone (HPLC grade).
6.3.2. Triacetin (glycerol triacetate).
6.3.3. Lacquer or nail polish.
6.4. Standard Preparation
A way to prepare standard asbestos samples of known concentration has not been developed. It is possible to prepare replicate samples of nearly equal concentration. This has been performed through the PAT program. These asbestos samples are distributed by the AIHA to participating laboratories. Since only about one-fourth of a 25-mm sample membrane is required for an asbestos count, any PAT sample can serve as a “standard” for replicate counting.
6.5. Sample Mounting
Note: See Safety Precautions in Section 6.1. before proceeding. The objective is to produce samples with a smooth (non-grainy) background in a medium with a refractive index of approximately 1.46. The technique below collapses the filter for easier focusing and produces permanent mounts which are useful for quality control and interlaboratory comparison.
An aluminum block or similar device is required for sample preparation.
6.5.1. Heat the aluminum block to about 70 °C. The hot block should not be used on any surface that can be damaged by either the heat or from exposure to acetone.
6.5.2. Ensure that the glass slides and cover glasses are free of dust and fibers.
6.5.3. Remove the top plug to prevent a vacuum when the cassette is opened. Clean the outside of the cassette if necessary. Cut the seal and/or tape on the cassette with a razor blade. Very carefully separate the base from the extension cowl, leaving the filter and backup pad in the base.
6.5.4. With a rocking motion cut a triangular wedge from the filter using the scalpel. This wedge should be one-sixth to one-fourth of the filter. Grasp the filter wedge with the for-
ceps on the perimeter of the filter which was clamped between the cassette pieces. DO NOT TOUCH the filter with your finger. Place the filter on the glass slide sample side up. Static electricity will usually keep the filter on the slide until it is cleared.
6.5.5. Place the tip of the micropipette containing about 200 μL acetone into the aluminum block. Insert the glass slide into the receiving slot in the aluminum block. Inject the acetone into the block with slow, steady pressure on the plunger while holding the pipette firmly in place. Wait 3 to 5 seconds for the filter to clear, then remove the pipette and slide from the aluminum block.
6.5.6. Immediately (less than 30 seconds) place 2.5 to 3.5 μL of triacetin on the filter (Note: Waiting longer than 30 seconds will result in increased index of refraction and decreased contrast between the fibers and the preparation. This may also lead to separation of the cover slip from the slide).
6.5.7. Lower a cover slip gently onto the filter at a slight angle to reduce the possibility of forming air bubbles. If more than 30 seconds have elapsed between acetone exposure and triacetin application, glue the edges of the cover slip to the slide with lacquer or nail polish.
6.5.8. If clearing is slow, warm the slide for 15 min on a hot plate having a surface temperature of about 50 °C to hasten clearing. The top of the hot block can be used if the slide is not heated too long.
6.5.9. Counting may proceed immediately after clearing and mounting are completed.
6.6. Sample Analysis
Completely align the microscope according to the manufacturer's instructions. Then, align the microscope using the following general alignment routine at the beginning of every counting session and more often if necessary.
6.6.1. Alignment
[1] Clean all optical surfaces. Even a small amount of dirt can significantly degrade the image.
[2] Rough focus the objective on a sample.
[3] Close down the field iris so that it is visible in the field of view. Focus the image of the iris with the condenser focus. Center the image of the iris in the field of view.
[4] Install the phase telescope and focus on the phase rings. Critically center the rings. Misalignment of the rings results in astigmatism which will degrade the image.
[5] Place the phase-shift test slide on the microscope stage and focus on the lines. The analyst must see line set 3 and should see at least parts of 4 and 5 but, not see line set 6 or 6. A microscope/microscopist combination which does not pass this test may not be used.
6.6.2. Counting Fibers
[1] Place the prepared sample slide on the mechanical stage of the microscope. Position the center of the wedge under the objective lens and focus upon the sample.
[2] Start counting from one end of the wedge and progress along a radial line to the other end (count in either direction from perimeter to wedge tip). Select fields randomly, without looking into the eyepieces, by slightly advancing the slide in one direction with the mechanical stage control.
[3] Continually scan over a range of focal planes (generally the upper 10 to 15 μm of the filter surface) with the fine focus control during each field count. Spend at least 5 to 15 seconds per field.
[4] Most samples will contain asbestos fibers with fiber diameters less than 1 μm. Look carefully for faint fiber images. The small diameter fibers will be very hard to see. However, they are an important contribution to the total count.
[5] Count only fibers equal to or longer than 5 μm. Measure the length of curved fibers along the curve.
[6] Count fibers which have a length to width ratio of 3:1 or greater.
[7] Count all the fibers in at least 20 fields. Continue counting until either 100 fibers are counted or 100 fields have been viewed; whichever occurs first. Count all the fibers in the final field.
[8] Fibers lying entirely within the boundary of the WaltonBeckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle shall receive a count of 1⁄2. Do not count any fiber that crosses the graticule boundary more than once. Reject and do not count any other fibers even though they may be visible outside the graticule area. If a fiber touches the circle, it is considered to cross the line.
Detailed Procedures for Asbestos Sampling and Analysis (Non-mandatory)
[9] Count bundles of fibers as one fiber unless individual fibers can be clearly identified and each individual fiber is clearly not connected to another counted fiber. See figure 1 for counting conventions.
[10] Record the number of fibers in each field in a consistent way such that filter non-uniformity can be assessed.
[11] Regularly check phase ring alignment.
[12] When an agglomerate (mass of material) covers more than 25% of the field of view, reject the field and select another. Do not include it in the number of fields counted.
[13] Perform a “blind recount” of 1 in every 10 filter wedges (slides). Re-label the slides using a person other than the original counter.
6.7. Fiber Identification
As previously mentioned in Section 1.3., PCM does not provide positive confirmation of asbestos fibers. Alternate differential counting techniques should be used if discrimination is desirable. Differential counting may include primary discrimination based on morphology, polarized light analysis of fibers, or modification of PCM data by Scanning Electron or Transmission Electron Microscopy.
A great deal of experience is required to routinely and correctly perform differential counting. It is discouraged unless it is legally necessary. Then, only if a fiber is obviously not asbestos should it be excluded from the count. Further discussion of this technique can be found in reference 8.10.
If there is a question whether a fiber is asbestos or not, follow the rule:
“WHEN
IN DOUBT, COUNT.”
6.8. Analytical Recommendations — Quality Control System
6.8.1. All individuals performing asbestos analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos or an equivalent course.
6.8.2. Each laboratory engaged in asbestos counting shall set up a slide trading arrangement with at least two other laboratories in order to compare performance and eliminate inbreeding of error. The slide exchange occurs at least semiannually. The round robin results shall be posted where all analysts can view individual analyst's results.
6.8.3. Each laboratory engaged in asbestos counting shall participate in the Proficiency Analytical Testing Program, the Asbestos Analyst Registry or equivalent.
6.8.4. Each analyst shall select and count prepared slides from a “slide bank”. These are quality assurance counts. The slide bank shall be prepared using uniformly distributed samples taken from the workload. Fiber densities should cover the entire range routinely analyzed by the laboratory. These slides are counted blind by all counters to establish an original standard deviation. This historical distribution is compared with the quality assurance counts. A counter must have 95% of all quality control samples counted within three standard deviations of the historical mean. This count is then integrated into a new historical mean and standard deviation for the slide.
The analyses done by the counters to establish the slide bank may be used for an interim quality control program if the data are treated in a proper statistical fashion.
7. Calculations
7.1. Calculate the estimated airborne asbestos fiber concentration on the filter sample using the following formula:
Where:
AC = Airborne fiber concentration
FB = Total number of fibers greater than 5 μm counted
FL = Total number of fields counted on the filter
BFB = Total number of fibers greater than 5 μm counted in the blank
BFL = Total number of fields counted on the blank
ECA = Effective collecting area of filter (385 mm2 nominal for a 25-mm filter.)
FR = Pump flow rate (L/min)
MFA = Microscope count field area (mm2). This is 0.00785 mm2 for a Walton-Beckett Graticule.
T = Sample collection time (min)
1,000 = Conversion of L to cc
Note: The collection area of a filter is seldom equal to 385 mm2. It is appropriate for laboratories to routinely monitor the exact diameter using an inside micrometer. The collection area is calculated according to the formula:
7.2. Short-cut Calculation
Area = (d/2)2
Since a given analyst always has the same interpupillary distance, the number of fields per filter for a particular analyst will remain constant for a given size filter. The field size for that analyst is constant (i.e. the analyst is using an assigned microscope and is not changing the reticle).
For example, if the exposed area of the filter is always 385 mm2 and the size of the field is always 0.00785 mm2, the number of fields per filter will always be 49,000. In addition it is necessary to convert liters of air to cc. These three constants can then be combined such that ECA/(1,000×MFA) = 49. The previous equation simplifies to:
7.3. Recount Calculations
As mentioned in step 13 of Section 6.6.2., a “blind recount” of 10% of the slides is performed. In all cases, differences will be observed between the first and second counts of the same filter wedge. Most of these differences will be due to chance alone, that is, due to the random variability (precision) of the count method. Statistical recount criteria enables one to decide whether observed differences can be explained due to chance alone or are probably due to systematic differences between analysts, microscopes, or other biasing factors.
The following recount criterion is for a pair of counts that estimate AC in fibers/cc. The criterion is given at the type-I error level. That is, there is 5% maximum risk that we will reject a pair of counts for the reason that one might be biased, when the large observed difference is really due to chance.
Reject a pair of counts if:
Where:
AC1 = lower estimated airborne fiber concentration
AC2 = higher estimated airborne fiber concentration
ACavg = average of the two concentration estimates
CVFB = CV for the average of the two concentration estimates
If a pair of counts are rejected by this criterion then, recount the rest of the filters in the submitted set. Apply the test and reject any other pairs failing the test. Rejection shall include a memo to the industrial hygienist stating that the sample failed a statistical test for homogeneity and the true air concentration may be significantly different than the reported value.
7.4. Reporting Results
Report results to the industrial hygienist as fibers/cc. Use two significant figures. If multiple analyses are performed on a sample, an average of the results is to be reported unless any of the results can be rejected for cause.
8. References
8.1. Dreesen, W.C., et al, U.S. Public Health Service: A Study of Asbestosis in the Asbestos Textile Industry, (Public Health Bulletin No. 241), US Treasury Dept., Washington, DC, 1938.
8.2. Asbestos Research Council: The Measurement of Airborne Asbestos Dust by the Membrane Filter Method (Technical Note), Asbestos Research Council, Rockdale, Lancashire, Great Britain, 1969.
8.3. Bayer, S.G., Zumwalde, R.D., Brown, T.A., Equipment and Procedure for Mounting Millipore Filters and Counting Asbestos Fibers by Phase Contrast Microscopy, Bureau of Occupational Health, U.S. Dept. of Health, Education and Welfare, Cincinnati,OH,1969.
8.4. NIOSH Manual of Analytical Methods, 2nd ed., Vol. 1 (DHEW/ NIOSH Pub. No. 77-157-A). National Institute for Occupational Safety and Health, Cincinnati, OH, 1977.pp.239-1-239-21.
8.5. Asbestos, Code of Federal Regulations 29 CFR 1910.1001. 1971.
8.6. Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite. Final Rule, Federal Register 51: 119 (20 June 1986). pp.22612-22790.
8.7. Asbestos, Tremolite, Anthophyllite, and Actinolite, Code of Federal Regulations 1910.1001. 1988. pp 711-752.
8.8. Criteria for a Recommended Standard — Occupational Exposure to Asbestos (DHEW/NIOSH Pub. No. HSM 72-10267),
§1915.1001 Appendix C Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
National Institute for Occupational Safety and Health NIOSH, Cincinnati, OH, 1972. pp. III-1-III-24.
8.9. Leidel, N.A., Bayer, S.G., Zumwalde, R.D., Busch, K.A., USPHS/NIOSH Membrane Filter Method for Evaluating Airborne Asbestos Fibers (DHEW/NIOSH Pub. No. 79-127). National Institute for Occupational Safety and Health, Cincinnati, OH, 1979.
8.10. Dixon, W.C., Applications of Optical Microscopy in Analysis of Asbestos and Quartz, Analytical Techniques in Occupational Health Chemistry, edited by D.D. Dollberg and A.W. Verstuyft. Wash. D.C.: American Chemical Society, (ACS Symposium Series 120) 1980. pp. 13-41.
QUALITY CONTROL
The OSHA asbestos regulations require each laboratory to establish a quality control program. The following is presented as an example of how the OSHA-SLTC constructed its internal CV curve as part of meeting this requirement. Data is from 395 samples collected during OSHA compliance inspections and analyzed from October 1980 through April 1986.
Each sample was counted by 2 to 5 different counters independently of one another. The standard deviation and the CV statistic was calculated for each sample. This data was then plotted on a graph of CV vs. fibers/mm2. A least squares regression was performed using the following equation:
CV = antilog10[A(log10(x))2+B(log10(x))+C]
Where:
x = the number of fibers/mm2
Application of least squares gave:
A = 0.182205
B = -0.973343
C = 0.327499
Using these values, the equation becomes:
CV = antilog10[0.182205(log10 (x))2-0.973343(log 10(x))+0.327499]
SAMPLING PUMP FLOW RATE CORRECTIONS
This correction is used if a difference greater than 5% in ambient temperature and/or pressure is noted between calibration and sampling sites and the pump does not compensate for the differences.
(7) Each eyepiece-objective-reticle combination on the microscope must be calibrated. Should any of the three be changed (by zoom adjustment, disassembly, replacement, etc.), the combination must be recalibrated. Calibration may change if interpupillary distance is changed. Measure the field diameter, D (acceptable range: 100 ±2 μm) with a stage micrometer upon receipt of the graticule from the manufacturer. Determine the field area (mm2).
Field Area= (D/2)2
If D=100 μm=0.1 mm, then
Field Area=(0.1 mm/2)2=0.00785 mm2
The Graticule is available from: Graticules Ltd., Morley Road, Tonbridge TN9 IRN, Kent, England (Telephone 011-44-732-359061). Also available from PTR Optics Ltd., 145 Newton Street, Waltham, MA 02154 [telephone (617) 891-6000] or McCrone Accessories and Components, 2506 S. Michigan Ave., Chicago, IL 60616 [phone (312) 842-7100]. The graticule is custom made for each microscope.
Where:
Qact = actual flow rate
Qcal = calibrated flow rate (if a rotameter was used, the rotameter value)
Pcal = uncorrected air pressure at calibration
Pact = uncorrected air pressure at sampling site
Tact = temperature at sampling site (K)
Tcal = temperature at calibration (K)
WALTON-BECKETT GRATICULE
When ordering the Graticule for asbestos counting, specify the exact disc diameter needed to fit the ocular of the microscope and the diameter (mm) of the circular counting area. Instructions for measuring the dimensions necessary are listed:
(1) Insert any available graticule into the focusing eyepiece and focus so that the graticule lines are sharp and clear.
(2) Align the microscope.
(3) Place a stage micrometer on the microscope object stage and focus the microscope on the graduated lines.
(4) Measure the magnified grid length, PL (μm), using the stage micrometer.
(5) Remove the graticule from the microscope and measure its actual grid length, AL (mm). This can be accomplished by using a mechanical stage fitted with verniers, or a jeweler's loupe with a direct reading scale.
(6) Let D=100 μm. Calculate the circle diameter, dc (mm), for the Walton-Beckett graticule and specify the diameter when making a purchase:
FIGURE1:Walton-BeckettGraticulewithsomeexplanatoryfibers.
ManganCommunications,Inc.
§1915.1001 Appendix C
Qualitative and Quantitative Fit Testing Procedures. Mandatory
Employers must perform fit testing in accordance with the fit-testing requirements of 29 CFR 1910.134(f) and the qualitative and quantitative fit-testing protocols and procedures specified in Appendix A of 29 CFR 1910.134.
§1915.1001 Appendix D
Medical Questionnaires. Mandatory
This mandatory appendix contains the medical questionnaires that must be administered to all employees who are exposed to asbestos,
Interpretation and Classification of Chest Roentgenograms. Mandatory
tremolite, anthophyllite, actinolite, or a combination of these minerals above the permissible exposure limit (0.1 f/cc), and who will therefore be included in their employer's medical surveillance program. Part 1 of the appendix contains the Initial Medical Questionnaire, which must be obtained for all new hires who will be covered by the medical surveillance requirements. Part 2 includes the abbreviated Periodical Medical Questionnaire, which must be administered to all employees who are provided periodic medical examinations under the medical surveillance provisions of the standard.
Download a PDF version of this form at www.oshacfr.com.
§1915.1001 Appendix E
Download a PDF version of this form at www.oshacfr.com.
§1915.1001 Appendix E
Interpretation and Classification of Chest Roentgenograms. Mandatory
(a) Chest X-rays shall be classified in accordance with the Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses (revised edition 2011) (incorporated by reference, see §1915.5), and recorded on a classification form following the format of the CDC/NIOSH (M) 2.8 form. As a minimum, the content within the bold lines of this form (items 1 through 4) shall be included. This form is not to be submitted to NIOSH.
§1915.1001 Appendix F Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(b) All X-rays shall be classified only by a B-Reader, a board eligible/certified radiologist, or an experienced physician with known expertise in pneumoconioses.
(c) Whenever classifying chest X-ray film, the physician shall have immediately available for reference a complete set of the ILO standard format radiographs provided for use with the Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses (revised edition 2011).
(d) Whenever classifying digitally-acquired chest X-rays, the physician shall have immediately available for reference a complete set of ILO standard digital chest radiographic images provided for use with the Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses (revised edition 2011). Classification of digitally-acquired chest X-rays shall be based on the viewing of images displayed as electronic copies and shall not be based on the viewing of hard copy printed transparencies of images.
§1915.1001 Appendix F
Work Practices and Engineering Controls for Class I Asbestos Operations Non-Mandatory
This is a non-mandatory appendix to the asbestos standards for construction and for shipyards. It describes criteria and procedures for erecting and using negative pressure enclosures for Class I
Asbestos Work, when NPEs are used as an allowable control method to comply with paragraph (g)(5) (i) of this section. Many small and variable details are involved in the erection of a negative pressure enclosure. OSHA and most participants in the rulemaking agreed that only the major, more performance oriented criteria should be made mandatory. These criteria are set out in paragraph (g) of this section. In addition, this appendix includes these mandatory specifications and procedures in its guidelines in order to make this appendix coherent and helpful. The mandatory nature of the criteria which appear in the regulatory text is not changed because they are included in this “non-mandatory” appendix. Similarly, the additional criteria and procedures included as guidelines in the appendix, do not become mandatory because mandatory criteria are also included in these comprehensive guidelines.
In addition, none of the criteria, both mandatory and recommended, are meant to specify or imply the need for use of patented or licensed methods or equipment. Recommended specifications included in this attachment should not discourage the use of creative alternatives which can be shown to reliably achieve the objectives of negativepressure enclosures.
Requirements included in this appendix, cover general provisions to be followed in all asbestos jobs, provisions which must be followed for all Class I asbestos jobs, and provisions governing the construction and testing of negative pressure enclosures. The first category includes the requirement for use of wet methods, HEPA vacuums, and immediate bagging of waste; Class I work must conform to the following provisions:
• oversight by competent person
• use of critical barriers over all openings to work area
• isolation of HVAC systems
• use of impermeable dropcloths and coverage of all objects within regulated areas
In addition, more specific requirements for NPEs include:
• maintenance of -0.02 inches water gauge within enclosure
• manometric measurements
• air movement away from employees performing removal work
• smoke testing or equivalent for detection of leaks and air direction
• deactivation of electrical circuits, if not provided with ground-fault circuit interrupters.
Planning the Project
The standard requires that an exposure assessment be conducted before the asbestos job is begun §1915.1001(f)(1). Information needed for that assessment, includes data relating to prior similar jobs, as applied to the specific variables of the current job. The information needed to conduct the assessment will be useful in planning the project, and in complying with any reporting requirements under this standard, when significant changes are being made to a control system listed in the standard, [see paragraph (k) of this section], as well as those of USEPA (40 CFR part 61, subpart M). Thus, although the standard does not explicitly require the preparation of a written asbestos removal plan, the usual constituents of such a plan, i.e., a description of the enclosure, the equipment, and the procedures to be used throughout the project, must be determined before the enclosure can be erected. The following information should be included in the planning of the system:
A physical description of the work area;
A description of the approximate amount of material to be removed;
A schedule for turning off and sealing existing ventilation systems;
Personnel hygiene procedures;
A description of personal protective equipment and clothing to worn by employees;
A description of the local exhaust ventilation systems to be used and how they are to be tested;
A description of work practices to be observed by employees;
An air monitoring plan;
A description of the method to be used to transport waste material; and
The location of the dump site.
Materials and Equipment Necessary for Asbestos Removal
Although individual asbestos removal projects vary in terms of the equipment required to accomplish the removal of the materials, some equipment and materials are common to most asbestos removal operations.
Plastic sheeting used to protect horizontal surfaces, seal HVAC openings or to seal vertical openings and ceilings should have a minimum thickness of 6 mils. Tape or other adhesive used to attach plastic sheeting should be of sufficient adhesive strength to support the weight of the material plus all stresses encountered during the entire duration of the project without becoming detached from the surface.
Other equipment and materials which should be available at the beginning of each project are:
— HEPA Filtered Vacuum is essential for cleaning the work area after the asbestos has been removed. It should have a long hose capable of reaching out-of-the-way places, such as areas above ceiling tiles, behind pipes, etc.
— Portable air ventilation systems installed to provide the negative air pressure and air removal from the enclosure must be equipped with a HEPA filter. The number and capacity of units required to ventilate an enclosure depend on the size of the area to be ventilated. The filters for these systems should be designed in such a manner that they can be replaced when the air flow volume is reduced by the build-up of dust in the filtration material. Pressure monitoring devices with alarms and strip chart recorders attached to each system to indicate the pressure differential and the loss due to dust buildup on the filter are recommended.
— Water sprayers should be used to keep the asbestos material as saturated as possible during removal; the sprayers will provide a fine mist that minimizes the impact of the spray on the material.
— Water used to saturate the asbestos containing material can be amended by adding at least 15 milliliters (1⁄4 ounce) of wetting agent in 1 liter (1 pint) of water. An example of a wetting agent is a 50/50 mixture of polyoxyethylene ether and polyoxyethylene polyglycol ester.
— Backup power supplies are recommended, especially for ventilation systems.
— Shower and bath water should be with mixed hot and cold water faucets. Water that has been used to clean personnel or equipment should either be filtered or be collected and discarded as asbestos waste. Soap and shampoo should be provided to aid in removing dust from the workers' skin and hair.
— See paragraphs (h) and (i) of this section for appropriate respiratory protection and protective clothing.
— See paragraph (k) of this section for required signs and labels.
Preparing the Work Area
Disabling HVAC Systems: The power to the heating, ventilation, and air conditioning systems that service the restricted area must be deactivated and locked off. All ducts, grills, access ports, windows and vents must be sealed off with two layers of plastic to prevent entrainment of contaminated air.
Operating HVAC Systems in the Restricted Area: If components of a HVAC system located in the restricted area are connected to a system that will service another zone during the project, the portion of the duct in the restricted area must be sealed and pressurized. Necessary precautions include caulking the duct joints, covering all cracks and openings with two layers of sheeting, and pressurizing the duct throughout the duration of the project by restricting the return air flow. The power to the fan supplying the positive pressure should be locked “on” to prevent pressure loss.
Sealing Elevators: If an elevator shaft is located in the restricted area, it should be either shut down or isolated by sealing with two layers of plastic sheeting. The sheeting should provide enough slack to accommodate the pressure changes in the shaft without breaking the air-tight seal.
Removing Mobile Objects: All movable objects should be cleaned and removed from the work area before an enclosure is constructed unless moving the objects creates a hazard. Mobile objects will be assumed to be contaminated and should be either cleaned with amended water and a HEPA vacuum and then removed from the area or wrapped and then disposed of as hazardous waste.
Cleaning and Sealing Surfaces: After cleaning with water and a HEPA vacuum, surfaces of stationary objects should be covered with two
layers of plastic sheeting. The sheeting should be secured with duct tape or an equivalent method to provide a tight seal around the object.
Bagging Waste: In addition to the requirement for immediate bagging of waste for disposal, it is further recommended that the waste material be double-bagged and sealed in plastic bags designed for asbestos disposal. The bags should be stored in a waste storage area that can be controlled by the workers conducting the removal. Filters removed from air handling units and rubbish removed from the area are to be bagged and handled as hazardous waste.
Constructing the Enclosure
The enclosure should be constructed to provide an air-tight seal around ducts and openings into existing ventilation systems and around penetrations for electrical conduits, telephone wires, water lines, drain pipes, etc. Enclosures should be both airtight and watertight except for those openings designed to provide entry and/or air flow control.
Size: An enclosure should be the minimum volume to encompass all of the working surfaces yet allow unencumbered movement by the worker(s), provide unrestricted air flow past the worker(s), and ensure walking surfaces can be kept free of tripping hazards.
Shape: The enclosure may be any shape that optimizes the flow of ventilation air past the worker(s).
Structural Integrity: The walls, ceilings and floors must be supported in such a manner that portions of the enclosure will not fall down during normal use.
Openings: It is not necessary that the structure be airtight; openings may be designed to direct air flow. Such openings should be located at a distance from active removal operations. They should be designed to draw air into the enclosure under all anticipated circumstances. In the event that negative pressure is lost, they should be fitted with either HEPA filters to trap dust or automatic trap doors that prevent dust from escaping the enclosure. Openings for exits should be controlled by an airlock or a vestibule.
Barrier Supports: Frames should be constructed to support all unsupported spans of sheeting.
Sheeting: Walls, barriers, ceilings, and floors should be lined with two layers of plastic sheeting having a thickness of at least 6 mil.
Seams: Seams in the sheeting material should be minimized to reduce the possibilities of accidental rips and tears in the adhesive or connections. All seams in the sheeting should overlap, be staggered and not be located at corners or wall-to- floor joints. Areas Within an Enclosure: Each enclosure consists of a work area, a decontamination area, and waste storage area. The work area where the asbestos removal operations occur should be separated from both the waste storage area and the contamination control area by physical curtains, doors, and/or airflow patterns that force any airborne contamination back into the work area. See paragraph (j) of §1915.1001 for requirements for hygiene facilities. During egress from the work area, each worker should step into the equipment room, clean tools and equipment, and remove gross contamination from clothing by wet cleaning and HEPA vacuuming. Before entering the shower area, foot coverings, head coverings, hand coverings, and coveralls are removed and placed in impervious bags for disposal or cleaning. Airline connections from airline respirators with HEPA disconnects and power cables from powered air-purifying respirators (PAPRs) will be disconnected just prior to entering the shower room.
Establishing Negative Pressure Within the Enclosure
Negative Pressure: Air is to be drawn into the enclosure under all anticipated conditions and exhausted through a HEPA filter for 24 hours a day during the entire duration of the project.
Air Flow Tests: Air flow patterns will be checked before removal operations begin, at least once per operating shift and any time there is a question regarding the integrity of the enclosure. The primary test for air flow is to trace air currents with smoke tubes or other visual methods. Flow checks are made at each opening and at each doorway to demonstrate that air is being drawn into the enclosure and at each worker's position to show that air is being drawn away from the breathing zone.
Monitoring Pressure Within the Enclosure: After the initial air flow patterns have been checked, the static pressure must be monitored within the enclosure. Monitoring may be made using manometers, pressure gauges, or combinations of these devices. It is recommended that they be attached to alarms and strip chart recorders at points identified by the design engineer.
Corrective Actions: If the manometers or pressure gauges demonstrate a reduction in pressure differential below the required level, work should cease and the reason for the change investigated and appropriate changes made. The air flow patterns should be retested before work begins again.
Pressure Differential: The design parameters for static pressure differentials between the inside and outside of enclosures typically range from 0.02 to 0.10 inches of water gauge, depending on conditions. All zones inside the enclosure must have less pressure than the ambient pressure outside of the enclosure (-0.02 inches water gauge differential). Design specifications for the differential vary according to the
size, configuration, and shape of the enclosure as well as ambient and mechanical air pressure conditions around the enclosure.
Air Flow Patterns: The flow of air past each worker shall be enhanced by positioning the intakes and exhaust ports to remove contaminated air from the worker's breathing zone, by positioning HEPA vacuum cleaners to draw air from the worker's breathing zone, by forcing relatively uncontaminated air past the worker toward an exhaust port, or by using a combination of methods to reduce the worker's exposure.
Air Handling Unit Exhaust: The exhaust plume from air handling units should be located away from adjacent personnel and intakes for HVAC systems.
Air Flow Volume: The air flow volume (cubic meters per minute) exhausted (removed) from the workplace must exceed the amount of makeup air supplied to the enclosure. The rate of air exhausted from the enclosure should be designed to maintain a negative pressure in the enclosure and air movement past each worker. The volume of air flow removed from the enclosure should replace the volume of the container at every 5 to 15 minutes. Air flow volume will need to be relatively high for large enclosures, enclosures with awkward shapes, enclosures with multiple openings, and operations employing several workers in the enclosure.
Air Flow Velocity: At each opening, the air flow velocity must visibly “drag” air into the enclosure. The velocity of air flow within the enclosure must be adequate to remove airborne contamination from each worker's breathing zone without disturbing the asbestos-containing material on surfaces.
Airlocks: Airlocks are mechanisms on doors and curtains that control the air flow patterns in the doorways. If air flow occurs, the patterns through doorways must be such that the air flows toward the inside of the enclosure. Sometimes vestibules, double doors, or double curtains are used to prevent air movement through the doorways. To use a vestibule, a worker enters a chamber by opening the door or curtain and then closing the entry before opening the exit door or curtain.
Airlocks should be located between the equipment room and shower room, between the shower room and the clean room, and between the waste storage area and the outside of the enclosure. The air flow between adjacent rooms must be checked using smoke tubes or other visual tests to ensure the flow patterns draw air toward the work area without producing eddies.
Monitoring for Airborne Concentrations
In addition to the breathing zone samples taken as outlined in paragraph (f) of §1915.1001, samples of air should be taken to demonstrate the integrity of the enclosure, the cleanliness of the clean room and shower area, and the effectiveness of the HEPA filter. If the clean room is shown to be contaminated, the room must be relocated to an uncontaminated area.
Samples taken near the exhaust of portable ventilation systems must be done with care.
General Work Practices
Preventing dust dispersion is the primary means of controlling the spread of asbestos within the enclosure. Whenever practical, the point of removal should be isolated, enclosed, covered, or shielded from the workers in the area. Waste asbestos containing materials must be bagged during or immediately after removal; the material must remain saturated until the waste container is sealed.
Waste material with sharp points or corners must be placed in hard air-tight containers rather than bags.
Whenever possible, large components should be sealed in plastic sheeting and removed intact.
Bags or containers of waste will be moved to the waste holding area, washed, and wrapped in a bag with the appropriate labels.
Cleaning the Work Area
Surfaces within the work area should be kept free of visible dust and debris to the extent feasible. Whenever visible dust appears on surfaces, the surfaces within the enclosure must be cleaned by wiping with a wet sponge, brush, or cloth and then vacuumed with a HEPA vacuum.
All surfaces within the enclosure should be cleaned before the exhaust ventilation system is deactivated and the enclosure is disassembled. An approved encapsulant may be sprayed onto areas after the visible dust has been removed.
§1915.1001 Appendix G [Reserved]
§1915.1001 Appendix H
Substance Technical Information for Asbestos. Non-Mandatory
I. Substance Identification
A. Substance: “Asbestos” is the name of a class of magnesium-silicate minerals that occur in fibrous form. Minerals that are included in this group are chrysotile, crocidolite, amosite, anthophyllite asbestos, tremolite asbestos, and actinolite asbestos.
B. Asbestos is and was used in the manufacture of heat-resistant clothing, automotive brake and clutch linings, and a variety of building materials including floor tiles, roofing felts, ceiling tiles, asbestos-cement pipe and sheet, and fire-resistant drywall. Asbestos is also present in pipe and boiler insulation materials and in sprayed-on materials located on beams, in crawlspaces, and between walls.
C. The potential for an asbestos-containing product to release breathable fibers depends largely on its degree of friability. Friable means that the material can be crumbled with hand pressure and is therefore likely to emit fibers. The fibrous fluffy sprayed-on materials used for fireproofing, insulation, or sound proofing are considered to be friable, and they readily release airborne fibers if disturbed. Materials such as vinyl-asbestos floor tile or roofing felt are considered non-friable if intact and generally do not emit airborne fibers unless subjected to sanding, sawing and other aggressive operations. Asbestos — cement pipe or sheet can emit airborne fibers if the materials are cut or sawed, or if they are broken.
D. Permissible exposure: Exposure to airborne asbestos fibers may not exceed 0.1 fibers per cubic centimeter of air (0.1 f/cc) averaged over the 8-hour workday, and 1 fiber per cubic centimeter of air (1.0 f/cc) averaged over a 30 minute work period.
II. Health Hazard Data
A. Asbestos can cause disabling respiratory disease and various types of cancers if the fibers are inhaled. Inhaling or ingesting fibers from contaminated clothing or skin can also result in these diseases. The symptoms of these diseases generally do not appear for 20 or more years after initial exposure.
B. Exposure to asbestos has been shown to cause lung cancer, mesothelioma, and cancer of the stomach and colon. Mesothelioma is a rare cancer of the thin membrane lining of the chest and abdomen. Symptoms of mesothelioma include shortness of breath, pain in the walls of the chest, and/or abdominal pain.
III. Respirators and Protective Clothing
A. Respirators: You are required to wear a respirator when performing tasks that result in asbestos exposure that exceeds the permissible exposure limit (PEL) of 0.1 f/cc and when performing certain designated operations. Air-purifying respirators equipped with a high-efficiency particulate air (HEPA) filter can be used where airborne asbestos fiber concentrations do not exceed 1.0 f/cc; otherwise, more protective respirators such as air-supplied, positive-pressure, full facepiece respirators must be used. Disposable respirators or dust masks are not permitted to be used for asbestos work. For effective protection, respirators must fit your face and head snugly. Your employer is required to conduct a fit test when you are first assigned a respirator and every 6 months thereafter. Respirators should not be loosened or removed in work situations where their use is required.
B. Protective Clothing: You are required to wear protective clothing in work areas where asbestos fiber concentrations exceed the permissible exposure limit (PEL) of 0.1 f/cc.
IV. Disposal Procedures and Clean-up
A. Wastes that are generated by processes where asbestos is present include:
1. Empty asbestos shipping containers.
2. Process wastes such as cuttings, trimmings, or reject materials.
3. Housekeeping waste from wet-sweeping or HEPA-vacuuming.
4. Asbestos fireproofing or insulating material that is removed from buildings.
5. Asbestos-containing building products removed during building renovation or demolition.
6. Contaminated disposable protective clothing.
B. Empty shipping bags can be flattened under exhaust hoods and packed into airtight containers for disposal. Empty shipping drums are difficult to clean and should be sealed.
C. Vacuum bags or disposable paper filters should not be cleaned, but should be sprayed with a fine water mist and placed into a labeled waste container.
D. Process waste and housekeeping waste should be wetted with water or a mixture of water and surfactant prior to packaging in disposable containers.
E. Asbestos-containing material that is removed from buildings must be disposed of in leak-tight 6-mil plastic bags, plasticlined cardboard containers, or plastic-lined metal containers. These wastes, which are removed while wet, should be sealed in containers before they dry out to minimize the release of asbestos fibers during handling.
V. Access to Information
A. Each year, your employer is required to inform you of the information contained in this standard and appendices for asbestos. In addition, your employer must instruct you in the proper work practices for handling asbestos-containing materials, and the correct use of protective equipment.
B. Your employer is required to determine whether you are being exposed to asbestos. Your employer must treat exposure to thermal system insulation and sprayed-on and troweled-on surfacing material as asbestos exposure, unless results of laboratory analysis show that the material does not contain asbestos. You or your representative has the right to observe employee measurements and to record the results obtained. Your employer is required to inform you of your exposure, and, if you are exposed above the permissible exposure limit, he or she is required to inform you of the actions that are being taken to reduce your exposure to within the permissible limit.
C. Your employer is required to keep records of your exposures and medical examinations. These exposure records must be kept for at least thirty (30) years. Medical records must be kept for the period of your employment plus thirty (30) years.
D. Your employer is required to release your exposure and medical records to your physician or designated representative upon your written request.
§1915.1001 Appendix I
Medical Surveillance Guidelines for Asbestos, Non-Mandatory
I. Route of Entry
Inhalation, ingestion.
II. Toxicology
Clinical evidence of the adverse effects associated with exposure to asbestos is present in the form of several well- conducted epidemiological studies of occupationally exposed workers, family contacts of workers, and persons living near asbestos mines. These studies have shown a definite association between exposure to asbestos and an increased incidence of lung cancer, pleural and peritoneal mesothelioma, gastrointestinal cancer, and asbestosis. The latter is a disabling fibrotic lung disease that is caused only by exposure to asbestos. Exposure to asbestos has also been associated with an increased incidence of esophageal, kidney, laryngeal, pharyngeal, and buccal cavity cancers. As with other known chronic occupational diseases, disease associated with asbestos generally appears about 20 years following the first occurrence of exposure: There are no known acute effects associated with exposure to asbestos.
Epidemiological studies indicate that the risk of lung cancer among exposed workers who smoke cigarettes is greatly increased over the risk of lung cancer among non-exposed smokers or exposed nonsmokers. These studies suggest that cessation of smoking will reduce the risk of lung cancer for a person exposed to asbestos but will not reduce it to the same level of risk as that existing for an exposed worker who has never smoked.
III. Signs and Symptoms of Exposure-Related Disease
The signs and symptoms of lung cancer or gastrointestinal cancer induced by exposure to asbestos are not unique, except that a chest X-ray of an exposed patient with lung cancer may show pleural plaques, pleural calcification, or pleural fibrosis, and may also show asbestosis (i.e., small irregular parenchymal opacities). Symptoms characteristic of mesothelioma include shortness of breath, pain in the chest or abdominal pain. Mesothelioma has a much longer average latency period compared with lung cancer (40 years versus 15-20 years), and mesothelioma is therefore more likely to be found among workers who were first exposed to asbestos at an early age. Mesothelioma is a fatal disease. Asbestosis is pulmonary fibrosis caused by the accumulation of asbestos fibers in the lungs. Symptoms include shortness of breath, coughing, fatigue, and vague feelings of sickness. When the fibrosis worsens, shortness of breath occurs even at rest. The diagnosis of asbestosis is most commonly based on a history of exposure to asbestos, the presence of characteristic radiologic abnormalities, end-inspiratory crackles (rales), and other clinical features of fibrosing lung disease. Pleural plaques and thickening may be observed on chest X-rays. Asbestosis is often a progressive disease even in the absence of continued exposure, although this appears to be a highly individualized characteristic. In severe cases, death may be caused by respiratory or cardiac failure.
IV. Surveillance and Preventive Considerations
As noted in section III of this appendix, exposure to asbestos have been linked to an increased risk of lung cancer, mesothelioma, gastrointestinal cancer, and asbestosis among occupationally exposed workers. Adequate screening tests to determine an employee's potential for developing serious chronic diseases, such as a cancer, from exposure to asbestos do not presently exist. However, some tests, particularly chest X-rays and pulmonary function tests, may indicate that an employee has been overexposed to asbestos increasing his or her risk of developing exposure related chronic diseases. It is important for the physician to become familiar with the operating conditions in which occupational exposure to asbestos is likely to occur. This is particularly important in evaluating medical and work histories and in conducting physical examinations. When
an active employee has been identified as having been overexposed to asbestos measures taken by the employer to eliminate or mitigate further exposure should also lower the risk of serious long-term consequences.
The employer is required to institute a medical surveillance program for all employees who are or will be exposed to asbestos at or above the permissible exposure limits (0.1 fiber per cubic centimeter of air) for 30 or more days per year and for all employees who are assigned to wear a negative-pressure respirator. All examinations and procedures must be performed by or under the supervision of licensed physician at a reasonable time and place, and at no cost to the employee.
Although broad latitude is given to the physician in prescribing specific tests to be included in the medical surveillance program, OSHA requires inclusion of the following elements in the routine examination,
(i) Medical and work histories with special emphasis directed to symptoms of the respiratory system, cardiovascular system, and digestive tract.
(ii) Completion of the respiratory disease questionnaire contained in appendix D to this section.
(iii) A physical examination including a chest X-ray and pulmonary function test that includes measurement of the employee's forced vital capacity (FVC) and forced expiratory volume at one second (FEV1).
(iv) Any laboratory or other test that the examining physician deems by sound medical practice to be necessary.
The employer is required to make the prescribed tests available at least annually to those employees covered; more often than specified if recommended by the examining physician; and upon termination of employment.
The employer is required to provide the physician with the following information: A copy of the standard in this section (including all appendices to this section); a description of the employee's duties as they relate to asbestos exposure; the employee's representative level of exposure to asbestos; a description of any personal protective and respiratory equipment used; and information from previous medical examinations of the affected employee that is not otherwise available to the physician. Making this information available to the physician will aid in the evaluation of the employee's health in relation to assigned duties and fitness to wear personal protective equipment, if required.
The employer is required to obtain a written opinion from the examining physician containing the results of the medical examination; the physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of exposure-related disease; any recommended limitations on the employee or on the use of personal protective equipment; and a statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions related to asbestos exposure that require further explanation or treatment. This written opinion must not reveal specific findings or diagnoses unrelated to exposure to asbestos, and a copy of the opinion must be provided to the affected employee.
§1915.1001 Appendix J Smoking Cessation Program Information for Asbestos — Non-Mandatory
The following organizations provide smoking cessation information.
1. The National Cancer Institute operates a toll-free Cancer Information Service (CIS) with trained personnel to help you. Call 1800-4-CANCER* to reach the CIS office serving your area, or write: Office of Cancer Communications, National Cancer Institute, National Institutes of Health, Building 31, Room 10A24, Bethesda, Maryland 20892.
2. American Cancer Society, 3340 Peachtree Road, N.E., Atlanta, Georgia 30026, (404) 320-3333.
The American Cancer Society (ACS) is a voluntary organization composed of 58 divisions and 3,100 local units. Through “The Great American Smokeout” in November, the annual Cancer Crusade in April, and numerous educational materials, ACS helps people learn about the health hazards of smoking and become successful ex-smokers.
3. American Heart Association, 7320 Greenville Avenue, Dallas, Texas 75231, (214) 750-5300.
The American Heart Association (AHA) is a voluntary organization with 130,000 members (physicians, scientists, and laypersons) in 55 state and regional groups. AHA produces a variety of publications and audiovisual materials about the effects of smoking on the heart. AHA also has developed a guidebook for incorporating a weight-control component into smoking cessation programs.
4. American Lung Association, 1740 Broadway, New York, New York 10019, (212) 245-8000.
A voluntary organization of 7,500 members (physicians, nurses, and laypersons), the American Lung Association (ALA) conducted numerous public information programs about the health effects of smoking. ALA has 59 state and 85 local units. The organization actively supports legislation and information campaigns for nonsmokers' rights and provides help for smokers who want to quit, for example, through “Freedom From Smoking,” a self-help smoking cessation program.
5. Office on Smoking and Health, U.S. Department of Health and Human Services 5600 Fishers Lane, Park Building, Room 110, Rockville, Maryland 20857.
The Office on Smoking and Health (OSHA) is the Department of Health and Human Services' lead agency in smoking control. OSHA has sponsored distribution of publications on smokingrelated topics, such as free flyers on relapse after initial quitting, helping a friend or family member quit smoking, the health hazards of smoking, and the effects of parental smoking on teenagers.
*In Hawaii, on Oahu call 524-1234 (call collect from neighboring islands),
Spanish-speaking staff members are available during daytime hours to callers from the following areas: California, Florida, Georgia, Illinois, New Jersey (area code 201), New York, and Texas. Consult your local telephone directory for listings of local chapters. §1915.1001 Appendix K Polarized Light Microscopy of Asbestos — Non-Mandatory
Method number: ID-191
Matrix: Bulk
Collection Procedure
Collect approximately 1 to 2 grams of each type of material and place into separate 20 mL scintillation vials.
Analytical Procedure
A portion of each separate phase is analyzed by gross examination, phase-polar examination, and central stop dispersion microscopy. Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by USDOL-OSHA. Similar products from other sources may be substituted.
1. Introduction
This method describes the collection and analysis of asbestos bulk materials by light microscopy techniques including phase- polar illumination and central-stop dispersion microscopy. Some terms unique to asbestos analysis are defined below:
Amphibole: A family of minerals whose crystals are formed by long, thin units which have two thin ribbons of double chain silicate with a brucite ribbon in between. The shape of each unit is similar to an “I beam”. Minerals important in asbestos analysis include cummingtonite-grunerite, crocidolite, tremolite- actinolite and anthophyllite.
Asbestos: A term for naturally occurring fibrous minerals. Asbestos includes chrysotile, cummingtonite-grunerite asbestos (amosite), anthophyllite asbestos, tremolite asbestos, crocidolite, actinolite asbestos and any of these minerals which have been chemically treated or altered. The precise chemical formulation of each species varies with the location from which it was mined. Nominal compositions are listed:
Chrysotile
Mg3 Si2 O5(OH)4
Crocidolite (Riebeckite asbestos) Na2Fe32+Fe23+Si8O22(OH)2
Cummingtonite-Grunerite asbestos (Amosite) (Mg,Fe)7 Si8O22(OH)2
Tremolite-Actinolite asbestos
Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite asbestos (Mg,Fe)7 Si8O22(OH)2
Asbestos Fiber: A fiber of asbestos meeting the criteria for a fiber. (See section 3.5.)
Aspect Ratio: The ratio of the length of a fiber to its diameter usually defined as “length : width”, e.g. 3:1.
Brucite: A sheet mineral with the composition Mg(OH)2
Central Stop Dispersion Staining (microscope): This is a dark field microscope technique that images particles using only light refracted by the particle, excluding light that travels through the particle unrefracted. This is usually accomplished with a McCrone objective or other arrangement which places a circular stop with apparent aperture equal to the objective aperture in the back focal plane of the microscope.
Cleavage Fragments: Mineral particles formed by the comminution of minerals, especially those characterized by relatively parallel sides and moderate aspect ratio.
Differential Counting: The term applied to the practice of excluding certain kinds of fibers from a phase contrast asbestos count because they are not asbestos.
Fiber: A particle longer than or equal to 5 μm with a length to width ratio greater than or equal to 3:1. This may include cleavage fragments. (see section 3.5 of this appendix).
Phase Contrast: Contrast obtained in the microscope by causing light scattered by small particles to destructively interfere with unscattered light, thereby enhancing the visibility of very small particles and particles with very low intrinsic contrast.
Phase Contrast Microscope: A microscope configured with a phase mask pair to create phase contrast. The technique which uses this is called Phase Contrast Microscopy (PCM).
Phase-Polar Analysis: This is the use of polarized light in a phase contrast microscope. It is used to see the same size fibers that are visible in air filter analysis. Although fibers finer than 1 μm are visible, analysis of these is inferred from analysis of larger bundles that are usually present.
Phase-Polar Microscope: The phase-polar microscope is a phase contrast microscope which has an analyzer, a polarizer, a first order red plate and a rotating phase condenser all in place so that the polarized light image is enhanced by phase contrast.
Sealing Encapsulant: This is a product which can be applied, preferably by spraying, onto an asbestos surface which will seal the surface so that fibers cannot be released.
Serpentine: A mineral family consisting of minerals with the general composition Mg3(Si2O5(OH)4 having the magnesium in brucite layer over a silicate layer. Minerals important in asbestos analysis included in this family are chrysotile, lizardite, antigorite.
1.1.
History
Light microscopy has been used for well over 100 years for the determination of mineral species. This analysis is carried out using specialized polarizing microscopes as well as bright field microscopes. The identification of minerals is an on-going process with many new minerals described each year. The first recorded use of asbestos was in Finland about 2500 B.C. where the material was used in the mud wattle for the wooden huts the people lived in as well as strengthening for pottery. Adverse health aspects of the mineral were noted nearly 2000 years ago when Pliny the Younger wrote about the poor health of slaves in the asbestos mines. Although known to be injurious for centuries, the first modern references to its toxicity were by the British Labor Inspectorate when it banned asbestos dust from the workplace in 1898. Asbestosis cases were described in the literature after the turn of the century. Cancer was first suspected in the mid 1930's and a causal link to mesothelioma was made in 1965. Because of the public concern for worker and public safety with the use of this material, several different types of analysis were applied to the determination of asbestos content. Light microscopy requires a great deal of experience and craft. Attempts were made to apply less subjective methods to the analysis. X-ray diffraction was partially successful in determining the mineral types but was unable to separate out the fibrous portions from the non-fibrous portions. Also, the minimum detection limit for asbestos analysis by X-ray diffraction (XRD) is about 1%. Differential Thermal Analysis (DTA) was no more successful. These provide useful corroborating information when the presence of asbestos has been shown by microscopy; however, neither can determine the difference between fibrous and non-fibrous minerals when both habits are present. The same is true of Infrared Absorption (IR). When electron microscopy was applied to asbestos analysis, hundreds of fibers were discovered present too small to be visible in any light microscope. There are two different types of electron microscope used for asbestos analysis: Scanning Electron Microscope (SEM) and Transmission Electron Microscope (TEM). Scanning Electron Microscopy is useful in identifying minerals. The SEM can provide two of the three pieces of information required to identify fibers by electron microscopy: morphology and chemistry. The third is structure as determined by Selected Area Electron Diffraction — SAED which is performed in the TEM. Although the resolution of the SEM is sufficient for very fine fibers to be seen, accuracy of chemical analysis that can be performed on the fibers varies with fiber diameter in fibers of less than 0.2 μm diameter. The TEM is a powerful tool to identify fibers too small to be resolved by light microscopy and should be used in conjunction with this method when necessary. The TEM can provide all three pieces of information required for fiber identification. Most fibers thicker than 1 μm can adequately be defined in the light microscope. The light microscope remains as the best instrument for the determination of mineral type. This is because the minerals under investigation were first described analytically with the light microscope. It is inexpensive and gives positive identification for most samples analyzed. Further, when optical techniques are inadequate, there is ample indication that alternative techniques should be used for complete identification of the sample.
1.2. Principle
Minerals consist of atoms that may be arranged in random order or in a regular arrangement. Amorphous materials have atoms in random order while crystalline materials have long range order. Many materials are transparent to light, at least for small particles or for thin sections. The properties of these materials can be investigated by the effect that the material has on light passing through it. The six asbestos minerals are all crystalline with particular properties that have been identified and cataloged. These six minerals are anisotropic. They have a regular array of atoms, but the arrangement is not the same in all directions. Each major direction of the crystal presents a different regularity. Light photons travelling in each of these main directions will encounter different electrical neighborhoods, affecting the path and time of travel. The techniques outlined in this method use the fact that light traveling through fibers or crystals in different directions will behave differently, but predictably. The behavior of the light as it travels through a crystal can be measured and compared with known or determined values to identify the mineral species. Usually, Polarized Light Microscopy (PLM) is performed with strain-free objectives on a bright-field microscope platform. This would limit the resolution of the microscope to about 0.4 μm. Because OSHA requires the counting and identification of fibers visible in phase contrast, the phase contrast platform is used to visualize the fibers with the polarizing elements added into the light path. Polarized light methods cannot identify fibers finer than about 1μm in diameter even though they are visible. The finest fibers are usually identified by inference from the presence of larger, identifiable fiber bundles. When fibers are present, but not identifiable by light microscopy, use either SEM or TEM to determine the fiber identity.
1.3. Advantages and Disadvantages
The advantages of light microcopy are:
(a) Basic identification of the materials was first performed by light microscopy and gross analysis. This provides a large base of published information against which to check analysis and analytical technique.
(b) The analysis is specific to fibers. The minerals present can exist in asbestiform, fibrous, prismatic, or massive varieties all at the same time. Therefore, bulk methods of analysis such as X-ray diffraction, IR analysis, DTA, etc. are inappropriate where the material is not known to be fibrous.
(c) The analysis is quick, requires little preparation time, and can be performed on-site if a suitably equipped microscope is available.
The disadvantages are:
(a) Even using phase-polar illumination, not all the fibers present may be seen. This is a problem for very low asbestos concentrations where agglomerations or large bundles of fibers may not be present to allow identification by inference.
(b) The method requires a great degree of sophistication on the part of the microscopist. An analyst is only as useful as his mental catalog of images. Therefore, a microscopist's accuracy is enhanced by experience. The mineralogical training of the analyst is very important. It is the basis on which subjective decisions are made.
(c) The method uses only a tiny amount of material for analysis. This may lead to sampling bias and false results (high or low). This is especially true if the sample is severely inhomogeneous.
(d) Fibers may be bound in a matrix and not distinguishable as fibers so identification cannot be made.
1.4. Method Performance
1.4.1. This method can be used for determination of asbestos content from 0 to 100% asbestos. The detection limit has not been adequately determined, although for selected samples, the limit is very low, depending on the number of particles examined. For mostly homogeneous, finely divided samples, with no difficult fibrous interferences, the detection limit is below 1%. For inhomogeneous samples (most samples), the detection limit remains undefined. NIST has conducted proficiency testing of laboratories on a national scale. Although each round is reported statistically with an average, control limits, etc., the results indicate a difficulty in establishing precision especially in the low concentration range. It is suspected that there is significant bias in the low range especially near 1%. EPA tried to remedy this by requiring a mandatory point counting scheme for samples less than 10%. The point counting procedure is tedious, and may introduce significant biases of its own. It has not been incorporated into this method.
1.4.2. The precision and accuracy of the quantitation tests performed in this method are unknown. Concentrations are easier to determine in commercial products where asbestos was deliberately added because the amount is usually more than a few percent. An analyst's results can be “calibrated”
against the known amounts added by the manufacturer. For geological samples, the degree of homogeneity affects the precision.
1.4.3. The performance of the method is analyst dependent. The analyst must choose carefully and not necessarily randomly the portions for analysis to assure that detection of asbestos occurs when it is present. For this reason, the analyst must have adequate training in sample preparation, and experience in the location and identification of asbestos in samples. This is usually accomplished through substantial on-the-job training as well as formal education in mineralogy and microscopy.
1.5. Interferences
Any material which is long, thin, and small enough to be viewed under the microscope can be considered an interference for asbestos. There are literally hundreds of interferences in workplaces. The techniques described in this method are normally sufficient to eliminate the interferences. An analyst's success in eliminating the interferences depends on proper training.
Asbestos minerals belong to two mineral families: the serpentines and the amphiboles. In the serpentine family, the only common fibrous mineral is chrysotile. Occasionally, the mineral antigorite occurs in a fibril habit with morphology similar to the amphiboles. The amphibole minerals consist of a score of different minerals of which only five are regulated by federal standard: amosite, crocidolite, anthophyllite asbestos, tremolite asbestos and actinolite asbestos. These are the only amphibole minerals that have been commercially exploited for their fibrous properties; however, the rest can and do occur occasionally in asbestiform habit.
In addition to the related mineral interferences, other minerals common in building material may present a problem for some microscopists: gypsum, anhydrite, brucite, quartz fibers, talc fibers or ribbons, wollastonite, perlite, attapulgite, etc. Other fibrous materials commonly present in workplaces are: fiberglass, mineral wool, ceramic wool, refractory ceramic fibers, kevlar, nomex, synthetic fibers, graphite or carbon fibers, cellulose (paper or wood) fibers, metal fibers, etc.
Matrix embedding material can sometimes be a negative interference. The analyst may not be able to easily extract the fibers from the matrix in order to use the method. Where possible, remove the matrix before the analysis, taking careful note of the loss of weight. Some common matrix materials are: vinyl, rubber, tar, paint, plant fiber, cement, and epoxy. A further negative interference is that the asbestos fibers themselves may be either too small to be seen in Phase contrast Microscopy (PCM) or of a very low fibrous quality, having the appearance of plant fibers. The analyst's ability to deal with these materials increases with experience.
1.6. Uses and Occupational Exposure
Asbestos is ubiquitous in the environment. More than 40% of the land area of the United States is composed of minerals which may contain asbestos. Fortunately, the actual formation of great amounts of asbestos is relatively rare. Nonetheless, there are locations in which environmental exposure can be severe such as in the Serpentine Hills of California. There are thousands of uses for asbestos in industry and the home. Asbestos abatement workers are the most current segment of the population to have occupational exposure to great amounts of asbestos. If the material is undisturbed, there is no exposure. Exposure occurs when the asbestos-containing material is abraded or otherwise disturbed during maintenance operations or some other activity. Approximately 95% of the asbestos in place in the United States is chrysotile. Amosite and crocidolite make up nearly all the difference. Tremolite and anthophyllite make up a very small percentage. Tremolite is found in extremely small amounts in certain chrysotile deposits. Actinolite exposure is probably greatest from environmental sources, but has been identified in vermiculite containing, sprayed-on insulating materials which may have been certified as asbestos-free.
1.7. Physical and Chemical Properties
The nominal chemical compositions for the asbestos minerals were given in Section 1. Compared to cleavage fragments of the same minerals, asbestiform fibers possess a high tensile strength along the fiber axis. They are chemically inert, noncombustible, and heat resistant. Except for chrysotile, they are insoluble in Hydrochloric acid (HCl). Chrysotile is slightly soluble in HCl. Asbestos has high electrical resistance and good sound absorbing characteristics. It can be woven into cables, fabrics or other textiles, or matted into papers, felts, and mats.
1.8. Toxicology (This Section is for Information Only and Should Not Be Taken as OSHA Policy)
Possible physiologic results of respiratory exposure to asbestos are mesothelioma of the pleura or peritoneum, interstitial fibrosis,
asbestosis, pneumoconiosis, or respiratory cancer. The possible consequences of asbestos exposure are detailed in the NIOSH Criteria Document or in the OSHA Asbestos Standards 29 CFR 1910.1001 and 29 CFR 1926.1101 and 29 CFR 1915.1001.
2. Sampling Procedure
2.1. Equipment for Sampling
(a) Tube or cork borer sampling device
(b) Knife
(c) 20 mL scintillation vial or similar vial
(d) Sealing encapsulant
2.2. Safety Precautions
Asbestos is a known carcinogen. Take care when sampling. While in an asbestos-containing atmosphere, a properly selected and fit-tested respirator should be worn. Take samples in a manner to cause the least amount of dust. Follow these general guidelines:
(a) Do not make unnecessary dust.
(b) Take only a small amount (1 to 2 g).
(c) Tightly close the sample container.
(d) Use encapsulant to seal the spot where the sample was taken, if necessary.
2.3. Sampling procedure
Samples of any suspect material should be taken from an inconspicuous place. Where the material is to remain, seal the sampling wound with an encapsulant to eliminate the potential for exposure from the sample site. Microscopy requires only a few milligrams of material. The amount that will fill a 20 mL scintillation vial is more than adequate. Be sure to collect samples from all layers and phases of material. If possible, make separate samples of each different phase of the material. This will aid in determining the actual hazard. DO NOT USE ENVELOPES, PLASTIC OR PAPER BAGS OF ANY KIND TO COLLECT SAMPLES. The use of plastic bags presents a contamination hazard to laboratory personnel and to other samples. When these containers are opened, a bellows effect blows fibers out of the container onto everything, including the person opening the container.
If a cork-borer type sampler is available, push the tube through the material all the way, so that all layers of material are sampled. Some samplers are intended to be disposable. These should be capped and sent to the laboratory. If a non-disposable cork borer is used, empty the contents into a scintillation vial and send to the laboratory. Vigorously and completely clean the cork borer between samples.
2.4. Shipment
Samples packed in glass vials must not touch or they might break in shipment.
(a) Seal the samples with a sample seal over the end to guard against tampering and to identify the sample.
(b) Package the bulk samples in separate packages from the air samples. They may cross-contaminate each other and will invalidate the results of the air samples.
(c) Include identifying paperwork with the samples, but not in contact with the suspected asbestos.
(d) To maintain sample accountability, ship the samples by certified mail, overnight express, or hand carry them to the laboratory.
3. Analysis
The analysis of asbestos samples can be divided into two major parts: sample preparation and microscopy. Because of the different asbestos uses that may be encountered by the analyst, each sample may need different preparation steps. The choices are outlined below. There are several different tests that are performed to identify the asbestos species and determine the percentage. They will be explained below.
3.1. Safety
(a) Do not create unnecessary dust. Handle the samples in HEPA-filter equipped hoods. If samples are received in bags, envelopes or other inappropriate container, open them only in a hood having a face velocity at or greater than 100 fpm. Transfer a small amount to a scintillation vial and only handle the smaller amount.
(b) Open samples in a hood, never in the open lab area.
(c) Index of refraction oils can be toxic. Take care not to get this material on the skin. Wash immediately with soap and water if this happens.
(d) Samples that have been heated in the muffle furnace or the drying oven may be hot. Handle them with tongs until they are cool enough to handle.
(e) Some of the solvents used, such as THF (tetrahydrofuran), are toxic and should only be handled in an appropriate fume hood and according to instructions given in the Safety Data Sheet (SDS).
3.2. Equipment
(a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x wide-field eyepieces, G-22 Walton-Beckett
§1915.1001 Appendix K Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
graticule, Whipple disk, polarizer, analyzer and first order red or gypsum plate, 100 Watt illuminator, rotating position condenser with oversize phase rings, central stop dispersion objective, Kohler illumination and a rotating mechanicalstage. (See figure 1).
(b) Stereo microscope with reflected light illumination, transmitted light illumination, polarizer, analyzer and first order red or gypsum plate, and rotating stage.
(c) Negative pressure hood for the stereo microscope
(d) Muffle furnace capable of 600 °C
(e) Drying oven capable of 50-150 °C
(f) Aluminum specimen pans
(g) Tongs for handling samples in the furnace
(h) High dispersion index of refraction oils (Special for dispersion staining.)
n = 1.550
n = 1.585
n = 1.590
n = 1.605
n = 1.620
n = 1.670
n = 1.680
n = 1.690
(i) A set of index of refraction oils from about n=1.350 to n=2.000 in n=0.005 increments. (Standard for Becke line analysis.)
(j) Glass slides with painted or frosted ends 1×3 inches 1mm thick, precleaned.
(k) Cover Slips 22×22 mm, #11⁄2
(l) Paper clips or dissection needles
(m) Hand grinder
(n) Scalpel with both #10 and #11 blades
(o) 0.1 molar HCl
(p) Decalcifying solution (Baxter Scientific Products) Ethylenediaminetetraacetic Acid,
Tetrasodium0.7 g/l
Sodium Potassium Tartrate
8.0 mg/liter
Hydrochloric Acid99.2 g/liter
Sodium Tartrate
(q) Tetrahydrofuran (THF)
(r) Hotplate capable of 60 °C
(s) Balance
(t) Hacksaw blade
(u) Ruby mortar and pestle
3.3. Sample Pre-Preparation
0.14 g/liter
Sample preparation begins with pre-preparation which may include chemical reduction of the matrix, heating the sample to dryness or heating in the muffle furnace. The end result is a sample which has been reduced to a powder that is sufficiently fine to fit under the cover slip. Analyze different phases of samples separately, e.g., tile and the tile mastic should be analyzed separately as the mastic may contain asbestos while the tile may not.
(a) Wet Samples
Samples with a high water content will not give the proper dispersion colors and must be dried prior to sample mounting. Remove the lid of the scintillation vial, place the bottle in the drying oven and heat at 100 °C to dryness (usually about 2 h). Samples which are not submitted to the lab in glass must be removed and placed in glass vials or aluminum weighing pans before placing them in the drying oven.
(b) Samples With Organic Interference — Muffle Furnace
These may include samples with tar as a matrix, vinyl asbestos tile, or any other organic that can be reduced by heating. Remove the sample from the vial and weigh in a balance to determine the weight of the submitted portion. Place the sample in a muffle furnace at 500 °C for 1 to 2 h or until all obvious organic material has been removed. Retrieve, cool and weigh again to determine the weight loss on ignition. This is necessary to determine the asbestos content of the submitted sample, because the analyst will be looking at a reduced sample.
Notes: Heating above 600 °C will cause the sample to undergo a structural change which, given sufficient time, will convert the chrysotile to forsterite. Heating even at lower temperatures for 1 to 2 h may have a measurable effect on the optical properties of the minerals. If the analyst is unsure of what to expect, a sample of standard asbestos should be heated to the same temperature for the same length of time so that it can be examined for the proper interpretation.
(c) Samples With Organic Interference — THF
Vinyl asbestos tile is the most common material treated with this solvent, although, substances containing tar will sometimes yield to this treatment. Select a portion of the material
and then grind it up if possible. Weigh the sample and place it in a test tube. Add sufficient THF to dissolve the organic matrix. This is usually about 4 to 5 mL. Remember, THF is highly flammable. Filter the remaining material through a tared silver membrane, dry and weigh to determine how much is left after the solvent extraction. Further process the sample to remove carbonate or mount directly.
(d) Samples With Carbonate Interference
Carbonate material is often found on fibers and sometimes must be removed in order to perform dispersion microscopy. Weigh out a portion of the material and place it in a test tube. Add a sufficient amount of 0.1 M HCl or decalcifying solution in the tube to react all the carbonate as evidenced by gas formation; i.e., when the gas bubbles stop, add a little more solution. If no more gas forms, the reaction is complete. Filter the material out through a tared silver membrane, dry and weigh to determine the weight lost.
3.4. Sample Preparation
Samples must be prepared so that accurate determination can be made of the asbestos type and amount present. The following steps are carried out in the low-flow hood (a low-flow hood has less than 50 fpm flow):
(1) If the sample has large lumps, is hard, or cannot be made to lie under a cover slip, the grain size must be reduced. Place a small amount between two slides and grind the material between them or grind a small amount in a clean mortar and pestle. The choice of whether to use an alumina, ruby, or diamond mortar depends on the hardness of the material. Impact damage can alter the asbestos mineral if too much mechanical shock occurs. (Freezer mills can completely destroy the observable crystallinity of asbestos and should not be used). For some samples, a portion of material can be shaved off with a scalpel, ground off with a hand grinder or hack saw blade.
The preparation tools should either be disposable or cleaned thoroughly. Use vigorous scrubbing to loosen the fibers during the washing. Rinse the implements with copious amounts of water and air-dry in a dust-free environment.
(2) If the sample is powder or has been reduced as in 1) above, it is ready to mount. Place a glass slide on a piece of optical tissue and write the identification on the painted or frosted end. Place two drops of index of refraction medium n=1.550 on the slide. (The medium n=1.550 is chosen because it is the matching index for chrysotile. Dip the end of a clean paper-clip or dissecting needle into the droplet of refraction medium on the slide to moisten it. Then dip the probe into the powder sample. Transfer what sticks on the probe to the slide. The material on the end of the probe should have a diameter of about 3 mm for a good mount. If the material is very fine, less sample may be appropriate. For non-powder samples such as fiber mats, forceps should be used to transfer a small amount of material to the slide. Stir the material in the medium on the slide, spreading it out and making the preparation as uniform as possible. Place a cover-slip on the preparation by gently lowering onto the slide and allowing it to fall “trapdoor” fashion on the preparation to push out any bubbles. Press gently on the cover slip to even out the distribution of particulate on the slide. If there is insufficient mounting oil on the slide, one or two drops may be placed near the edge of the coverslip on the slide. Capillary action will draw the necessary amount of liquid into the preparation. Remove excess oil with the point of a laboratory wiper.
Treat at least two different areas of each phase in this fashion. Choose representative areas of the sample. It may be useful to select particular areas or fibers for analysis. This is useful to identify asbestos in severely inhomogeneous samples.
When it is determined that amphiboles may be present, repeat the above process using the appropriate high- dispersion oils until an identification is made or all six asbestos minerals have been ruled out. Note that percent determination must be done in the index medium 1.550 because amphiboles tend to disappear in their matching mediums.
3.5. Analytical procedure
Note: This method presumes some knowledge of mineralogy and optical petrography. The analysis consists of three parts: The determination of whether there is asbestos present, what type is present and the determination of how much is present. The general flow of the analysis is:
(1) Gross examination.
(2) Examination under polarized light on the stereo microscope.
(3) Examination by phase-polar illumination on the compound phase microscope.
(4) Determination of species by dispersion stain. Examination by Becke line analysis may also be used; however, this is usually more cumbersome for asbestos determination.
(5) Difficult samples may need to be analyzed by SEM or TEM, or the results from those techniques combined with light microscopy for a definitive identification. Identification of a particle as asbestos requires that it be asbestiform. Description of particles should follow the suggestion of Campbell. (Figure 1)
CRYSTAL-AGGREGATE PATTERNSORARRANGEMENTS
SINGLE-CRYSTALSHAPES
FIGURE1:Particledefinitionsshowingmineralgrowthhabits FromtheU.S.BureauofMines
For the purpose of regulation, the mineral must be one of the six minerals covered and must be in the asbestos growth habit. Large specimen samples of asbestos generally have the gross appearance of wood. Fibers are easily parted from it. Asbestos fibers are very long compared with their widths. The fibers have a very high tensile strength as demonstrated by bending without breaking. Asbestos fibers exist in bundles that are easily parted, show longitudinal fine structure and may be tufted at the ends showing “bundle of sticks” morphology. In the microscope some of these properties may not be observable. Amphiboles do not always show striations along their length even when they are asbestos. Neither will they always show tufting. They generally do not show a curved nature except for very long fibers. Asbestos and asbestiform minerals are usually characterized in groups by extremely high aspect ratios (greater than 100:1). While aspect ratio analysis is useful for characterizing populations of fibers, it cannot be used to identify individual fibers of intermediate to short aspect ratio. Observation of many fibers is often necessary to determine whether a sample consists of “cleavage fragments” or of asbestos fibers.
Most cleavage fragments of the asbestos minerals are easily distinguishable from true asbestos fibers. This is because true cleavage fragments usually have larger diameters than 1 μm. Internal structure of particles larger than this usually shows them to have no internal fibrillar structure. In addition, cleavage fragments of the monoclinic amphiboles show inclined extinction under crossed polars with no compensator. Asbestos fibers usually show extinction at zero degrees or ambiguous extinction if any at all. Morphologically, the larger cleavage fragments are obvious by their blunt or stepped ends showing prismatic habit. Also, they tend to be acicular rather than filiform. Where the particles are less than 1 μm in diameter and have an aspect ratio greater than or equal to 3:1, it is recommended that the sample be analyzed by SEM or TEM if there is any question whether the fibers are cleavage fragments or asbestiform particles.
Care must be taken when analyzing by electron microscopy because the interferences are different from those in light microscopy and may structurally be very similar to asbestos. The classic interference is between anthophyllite and biopyribole or intermediate fiber. Use the same morphological clues for electron microscopy as are used for light microscopy, e.g. fibril splitting, internal longitudinal striation, fraying, curvature, etc.
(1) Gross examination: Examine the sample, preferably in the glass vial. Determine the presence of any obvious fibrous component. Estimate a percentage based on previous experience and current observation. Determine whether any pre-preparation is necessary. Determine the number of phases present. This step may be carried out or augmented by observation at 6 to 40× under a stereo microscope.
(2) After performing any necessary pre-preparation, prepare slides of each phase as described above. Two preparations of the same phase in the same index medium can be made side-by-side on the same glass for convenience. Examine with the polarizing stereo microscope. Estimate the percentage of asbestos based on the amount of birefringent fiber present.
(3) Examine the slides on the phase-polar microscopes at magnifications of 160 and 400×. Note the morphology of the fibers. Long, thin, very straight fibers with little curvature are indicative of fibers from the amphibole family. Curved, wavy fibers are usually indicative of chrysotile. Estimate the percentage of asbestos on the phase-polar microscope under conditions of crossed polars and a gypsum plate. Fibers smaller than 1.0 μm in thickness must be identified by inference to the presence of larger, identifiable fibers and morphology. If no larger fibers are visible, electron microscopy should be performed. At this point, only a tentative identification can be made. Full identification must be made with dispersion microscopy. Details of the tests are included in the appendices.
(4) Once fibers have been determined to be present, they must be identified. Adjust the microscope for dispersion mode and observe the fibers. The microscope has a rotating stage, one polarizing element, and a system for generating dark-field dispersion microscopy (see Section 4.6. of this appendix). Align a fiber with its length parallel to the polarizer and note the color of the Becke lines. Rotate the stage to bring the fiber length perpendicular to the polarizer and note the color. Repeat this process for every fiber or fiber bundle examined. The colors must be consistent with the colors generated by standard asbestos reference materials for a positive identification. In n=1.550, amphiboles will generally show a yellow to straw-yellow color indicating that the fiber indices of refraction are higher than the liquid. If long, thin fibers are noted and the colors are yellow, prepare further slides as above in the suggested matching liquids listed below:
Chrysotilen=1.550.
Amosite n=1.670 or 1.680.
Crocidoliten=1.690.
n=1.605 and 1.620.
Anthophyllite
Tremoliten=1.605 and 1.620.
Actinolite n=1.620.
Where more than one liquid is suggested, the first is preferred; however, in some cases this liquid will not give good dispersion color. Take care to avoid interferences in the other liquid; e.g., wollastonite in n=1.620 will give the same colors as tremolite. In n=1.605 wollastonite will appear yellow in all directions. Wollastonite may be determined under crossed polars as it will change from blue to yellow as it is rotated along its fiber axis by tapping on the cover slip. Asbestos minerals will not change in this way. Determination of the angle of extinction may, when present, aid in the determination of anthophyllite from tremolite. True asbestos fibers usually have 0° extinction or ambiguous extinction, while cleavage fragments have more definite extinction.
Continue analysis until both preparations have been examined and all present species of asbestos are identified. If there are no fibers present, or there is less than 0.1% present, end the analysis with the minimum number of slides (2).
(5) Some fibers have a coating on them which makes dispersion microscopy very difficult or impossible. Becke line analysis or electron microscopy may be performed in those cases. Determine the percentage by light microscopy. TEM analysis tends to overestimate the actual percentage present.
(6) Percentage determination is an estimate of occluded area, tempered by gross observation. Gross observation information is used to make sure that the high magnification microscopy does not greatly over- or under-estimate the amount of fiber present. This part of the analysis requires a great deal of experience. Satisfactory models for asbestos
content analysis have not yet been developed, although some models based on metallurgical grain-size determination have found some utility. Estimation is more easily handled in situations where the grain sizes visible at about 160× are about the same and the sample is relatively homogeneous.
View all of the area under the cover slip to make the percentage determination. View the fields while moving the stage, paying attention to the clumps of material. These are not usually the best areas to perform dispersion microscopy because of the interference from other materials. But, they are the areas most likely to represent the accurate percentage in the sample. Small amounts of asbestos require slower scanning and more frequent analysis of individual fields.
Report the area occluded by asbestos as the concentration. This estimate does not generally take into consideration the difference in density of the different species present in the sample. For most samples this is adequate. Simulation studies with similar materials must be carried out to apply microvisual estimation for that purpose and is beyond the scope of this procedure.
(7) Where successive concentrations have been made by chemical or physical means, the amount reported is the percentage of the material in the “as submitted” or original state. The percentage determined by microscopy is multiplied by the fractions remaining after pre-preparation steps to give the percentage in the original sample. For example:
Step 1. 60% remains after heating at 550 °C for 1 h.
Step 2. 30% of the residue of step 1 remains after dissolution of carbonate in 0.1 m HCl.
Step 3. Microvisual estimation determines that 5% of the sample is chrysotile asbestos. The reported result is:
R = (Microvisual result in percent)×(Fraction remaining after step 2)×(Fraction remaining of original sample after step 1)
R = (5)×(.30)×(.60) = 0.9%
(8) Report the percent and type of asbestos present. For samples where asbestos was identified, but is less than 1.0%, report “Asbestos present, less than 1.0%.” There must have been at least two observed fibers or fiber bundles in the two preparations to be reported as present. For samples where asbestos was not seen, report as “None Detected.”
4. Auxiliary Information
Because of the subjective nature of asbestos analysis, certain concepts and procedures need to be discussed in more depth. This information will help the analyst understand why some of the procedures are carried out the way they are. 4.1. Light
Light is electromagnetic energy. It travels from its source in packets called quanta. It is instructive to consider light as a plane wave. The light has a direction of travel. Perpendicular to this and mutually perpendicular to each other, are two vector components. One is the magnetic vector and the other is the electric vector. We shall only be concerned with the electric vector. In this description, the interaction of the vector and the mineral will describe all the observable phenomena. From a light source such a microscope illuminator, light travels in all different direction from the filament.
In any given direction away from the filament, the electric vector is perpendicular to the direction of travel of a light ray. While perpendicular, its orientation is random about the travel axis. If the electric vectors from all the light rays were lined up by passing the light through a filter that would only let light rays with electric vectors oriented in one direction pass, the light would then be POLARIZED.
Polarized light interacts with matter in the direction of the electric vector. This is the polarization direction. Using this property it is possible to use polarized light to probe different materials and identify them by how they interact with light. The speed of light in a vacuum is a constant at about 2.99×108 m/s. When light travels in different materials such as air, water, minerals or oil, it does not travel at this speed. It travels slower. This slowing is a function of both the material through which the light is traveling and the wavelength or frequency of the light. In general, the more dense the material, the slower the light travels. Also, generally, the higher the frequency, the slower the light will travel. The ratio of the speed of light in a vacuum to that in a material is called the index of refraction (n). It is usually measured at 589 nm (the sodium D line). If white light (light containing all the visible wavelengths) travels through a material, rays of longer wavelengths will travel faster than those of shorter wavelengths, this separation is called dispersion. Dispersion is used as an identifier of materials as described in Section 4.6.
4.2.
Material Properties
Materials are either amorphous or crystalline. The difference between these two descriptions depends on the positions of the atoms in them. The atoms in amorphous materials are randomly arranged with no long range order. An example of an amorphous material is glass. The atoms in crystalline materials, on the other hand, are in regular arrays and have long range order. Most of the atoms can be found in highly predictable locations. Examples of crystalline material are salt, gold, and the asbestos minerals.
It is beyond the scope of this method to describe the different types of crystalline materials that can be found, or the full description of the classes into which they can fall. However, some general crystallography is provided below to give a foundation to the procedures described.
With the exception of anthophyllite, all the asbestos minerals belong to the monoclinic crystal type. The unit cell is the basic repeating unit of the crystal and for monoclinic crystals can be described as having three unequal sides, two 90° angles and one angle not equal to 90°. The orthorhombic group, of which anthophyllite is a member has three unequal sides and three 90° angles. The unequal sides are a consequence of the complexity of fitting the different atoms into the unit cell. Although the atoms are in a regular array, that array is not symmetrical in all directions. There is long range order in the three major directions of the crystal. However, the order is different in each of the three directions. This has the effect that the index of refraction is different in each of the three directions. Using polarized light, we can investigate the index of refraction in each of the directions and identify the mineral or material under investigation. The indices , , and are used to identify the lowest, middle, and highest index of refraction respectively. The x direction, associated with is called the fast axis. Conversely, the z direction is associated with and is the slow direction. Crocidolite has along the fiber length making it “length-fast”. The remainder of the asbestos minerals have the axis along the fiber length. They are called “length-slow”. This orientation to fiber length is used to aid in the identification of asbestos.
4.3. Polarized Light Technique
Polarized light microscopy as described in this section uses the phase-polar microscope described in Section 3.2. A phase contrast microscope is fitted with two polarizing elements, one below and one above the sample. The polarizers have their polarization directions at right angles to each other. Depending on the tests performed, there may be a compensator between these two polarizing elements. Light emerging from a polarizing element has its electric vector pointing in the polarization direction of the element. The light will not be subsequently transmitted through a second element set at a right angle to the first element. Unless the light is altered as it passes from one element to the other, there is no transmission of light.
4.4. Angle of Extinction
Crystals which have different crystal regularity in two or three main directions are said to be anisotropic. They have a different index of refraction in each of the main directions. When such a crystal is inserted between the crossed polars, the field of view is no longer dark but shows the crystal in color. The color depends on the properties of the crystal. The light acts as if it travels through the crystal along the optical axes. If a crystal optical axis were lined up along one of the polarizing directions (either the polarizer or the analyzer) the light would appear to travel only in that direction, and it would blink out or go dark. The difference in degrees between the fiber direction and the angle at which it blinks out is called the angle of extinction. When this angle can be measured, it is useful in identifying the mineral. The procedure for measuring the angle of extinction is to first identify the polarization direction in the microscope. A commercial alignment slide can be used to establish the polarization directions or use anthophyllite or another suitable mineral. This mineral has a zero degree angle of extinction and will go dark to extinction as it aligns with the polarization directions. When a fiber of anthophyllite has gone to extinction, align the eyepiece reticle or graticule with the fiber so that there is a visual cue as to the direction of polarization in the field of view. Tape or otherwise secure the eyepiece in this position so it will not shift.
After the polarization direction has been identified in the field of view, move the particle of interest to the center of the field of view and align it with the polarization direction. For fibers, align the fiber along this direction. Note the angular reading of the rotating stage. Looking at the particle, rotate the stage until the fiber goes dark or “blinks out”. Again note the reading of the stage. The difference in the first reading and the second is an angle of extinction.
The angle measured may vary as the orientation of the fiber changes about its long axis. Tables of mineralogical data usually
report the maximum angle of extinction. Asbestos forming minerals, when they exhibit an angle of extinction, usually do show an angle of extinction close to the reported maximum, or as appropriate depending on the substitution chemistry.
4.5. Crossed Polars With Compensator
When the optical axes of a crystal are not lined up along one of the polarizing directions (either the polarizer or the analyzer) part of the light travels along one axis and part travels along the other visible axis. This is characteristic of birefringent materials. The color depends on the difference of the two visible indices of refraction and the thickness of the crystal. The maximum difference available is the difference between the and the axes. This maximum difference is usually tabulated as the birefringence of the crystal.
For this test, align the fiber at 45° to the polarization directions in order to maximize the contribution to each of the optical axes. The colors seen are called retardation colors. They arise from the recombination of light which has traveled through the two separate directions of the crystal. One of the rays is retarded behind the other since the light in that direction travels slower. On recombination, some of the colors which make up white light are enhanced by constructive interference and some are suppressed by destructive interference. The result is a color dependent on the difference between the indices and the thickness of the crystal. The proper colors, thicknesses, and retardations are shown on a Michel-Levy chart. The three items, retardation, thickness and birefringence are related by the following relationship:
R = t(n — )
R = retardation, t = crystal thickness in μm, and , = indices of refraction.
Examination of the equation for asbestos minerals reveals that the visible colors for almost all common asbestos minerals and fiber sizes are shades of gray and black. The eye is relatively poor at discriminating different shades of gray. It is very good at discriminating different colors. In order to compensate for the low retardation, a compensator is added to the light train between the polarization elements. The compensator used for this test is a gypsum plate of known thickness and birefringence. Such a compensator when oriented at 45° to the polarizer direction, provides a retardation of 530 nm of the 530 nm wavelength color. This enhances the red color and gives the background a characteristic red to red-magenta color. If this “full-wave” compensator is in place when the asbestos preparation is inserted into the light train, the colors seen on the fibers are quite different. Gypsum, like asbestos has a fast axis and a slow axis. When a fiber is aligned with its fast axis in the same direction as the fast axis of the gypsum plate, the ray vibrating in the slow direction is retarded by both the asbestos and the gypsum. This results in a higher retardation than would be present for either of the two minerals. The color seen is a second order blue. When the fiber is rotated 90° using the rotating stage, the slow direction of the fiber is now aligned with the fast direction of the gypsum and the fast direction of the fiber is aligned with the slow direction of the gypsum. Thus, one ray vibrates faster in the fast direction of the gypsum, and slower in the slow direction of the fiber; the other ray will vibrate slower in the slow direction of the gypsum and faster in the fast direction of the fiber. In this case, the effect is subtractive and the color seen is a first order yellow. As long as the fiber thickness does not add appreciably to the color, the same basic colors will be seen for all asbestos types except crocidolite. In crocidolite the colors will be weaker, may be in the opposite directions, and will be altered by the blue absorption color natural to crocidolite. Hundreds of other materials will give the same colors as asbestos, and therefore, this test is not definitive for asbestos. The test is useful in discriminating against fiberglass or other amorphous fibers such as some synthetic fibers. Certain synthetic fibers will show retardation colors different than asbestos; however, there are some forms of polyethylene and aramid which will show morphology and retardation colors similar to asbestos minerals. This test must be supplemented with a positive identification test when birefringent fibers are present which can not be excluded by morphology. This test is relatively ineffective for use on fibers less than 1 μm in diameter. For positive confirmation TEM or SEM should be used if no larger bundles or fibers are visible.
4.6. Dispersion Staining
Dispersion microscopy or dispersion staining is the method of choice for the identification of asbestos in bulk materials. Becke line analysis is used by some laboratories and yields the same results as does dispersion staining for asbestos and can be used in lieu of dispersion staining. Dispersion staining is performed on the same platform as the phase-polar analysis with the analyzer and compensator removed. One polarizing element remains to define the direction of the light so that the different indices of refraction of the fibers may be separately determined. Dispersion microscopy is a dark-field technique when used for asbestos. Particles are imaged with scattered light. Light which is unscattered is blocked from reaching the
eye either by the back field image mask in a McCrone objective or a back field image mask in the phase condenser. The most convenient method is to use the rotating phase condenser to move an oversized phase ring into place. The ideal size for this ring is for the central disk to be just larger than the objective entry aperture as viewed in the back focal plane. The larger the disk, the less scattered light reaches the eye. This will have the effect of diminishing the intensity of dispersion color and will shift the actual color seen. The colors seen vary even on microscopes from the same manufacturer. This is due to the different bands of wavelength exclusion by different mask sizes. The mask may either reside in the condenser or in the objective back focal plane. It is imperative that the analyst determine by experimentation with asbestos standards what the appropriate colors should be for each asbestos type. The colors depend also on the temperature of the preparation and the exact chemistry of the asbestos. Therefore, some slight differences from the standards should be allowed. This is not a serious problem for commercial asbestos uses. This technique is used for identification of the indices of refraction for fibers by recognition of color. There is no direct numerical readout of the index of refraction. Correlation of color to actual index of refraction is possible by referral to published conversion tables. This is not necessary for the analysis of asbestos. Recognition of appropriate colors along with the proper morphology are deemed sufficient to identify the commercial asbestos minerals. Other techniques including SEM, TEM, and XRD may be required to provide additional information in order to identify other types of asbestos.
Make a preparation in the suspected matching high dispersion oil, e.g., n=1.550 for chrysotile. Perform the preliminary tests to determine whether the fibers are birefringent or not. Take note of the morphological character. Wavy fibers are indicative of chrysotile while long, straight, thin, frayed fibers are indicative of amphibole asbestos. This can aid in the selection of the appropriate matching oil. The microscope is set up and the polarization direction is noted as in Section 4.4. Align a fiber with the polarization direction. Note the color. This is the color parallel to the polarizer. Then rotate the fiber rotating the stage 90° so that the polarization direction is across the fiber. This is the perpendicular position. Again note the color. Both colors must be consistent with standard asbestos minerals in the correct direction for a positive identification of asbestos. If only one of the colors is correct while the other is not, the identification is not positive. If the colors in both directions are bluish-white, the analyst has chosen a matching index oil which is higher than the correct matching oil, e.g. the analyst has used n = 1.620 where chrysotile is present. The next lower oil (Section 3.5.) should be used to prepare another specimen. If the color in both directions is yellow-white to straw-yellow-white, this indicates that the index of the oil is lower than the index of the fiber, e.g. the preparation is in n = 1.550 while anthophyllite is present. Select the next higher oil (Section 3.5.) and prepare another slide. Continue in this fashion until a positive identification of all asbestos species present has been made or all possible asbestos species have been ruled out by negative results in this test. Certain plant fibers can have similar dispersion colors as asbestos. Take care to note and evaluate the morphology of the fibers or remove the plant fibers in pre-preparation. Coating material on the fibers such as carbonate or vinyl may destroy the dispersion color. Usually, there will be some outcropping of fiber which will show the colors sufficient for identification. When this is not the case, treat the sample as described in Section 3.3. and then perform dispersion staining. Some samples will yield to Becke line analysis if they are coated or electron microscopy can be used for identification.
5. References
5.1. Crane, D.T., Asbestos in Air, OSHA method ID160, Revised November 1992.
5.2.Ford, W.E., Dana's Textbook of Mineralogy; Fourth Ed.; John Wiley and Son, New York, 1950, p. vii.
5.3.Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 3, 20.
5.4.Women Inspectors of Factories. Annual Report for 1898, H.M. Statistical Office, London, p. 170 (1898).
5.5.Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 26, 30.
5.6.Campbell, W.J., et al, Selected Silicate Minerals and Their Asbestiform Varieties, United States Department of the Interior, Bureau of Mines, Information Circular 8751, 1977.
5.7.Asbestos, Code of Federal Regulations, 29 CFR 1910.1001 and 29 CFR 1926.58.
5.8.National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision, Federal Register, Vol. 55, No. 224, 20 November 1990, p. 48410.
§1915.1001 Appendix L Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
5.9.Ross, M. The Asbestos Minerals: Definitions, Description, Modes of Formation, Physical and Chemical Properties and Health Risk to the Mining Community, Nation Bureau of Standards Special Publication, Washington, D.C., 1977.
5.10.Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in Cappadocia, Turkey, J. Occ Medicine, 1981, 23, (8), 548-550.
5.11.Occupational Exposure to Asbestos — 1972, U.S. Department of Health Education and Welfare, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health, HSM-72-10267.
5.12.Campbell,W.J., et al, Relationship of Mineral Habit to Size Characteristics for Tremolite Fragments and Fibers, United States Department of the Interior, Bureau of Mines, Information Circular 8367, 1979.
5.13.Mefford, D., DCM Laboratory, Denver, private communication, July 1987.
5.14.Deer, W.A., Howie, R.A., Zussman, J., Rock Forming Minerals, Longman, Thetford, UK, 1974.
5.15.Kerr, P.F., Optical Mineralogy; Third Ed. McGraw-Hill, New York, 1959.
5.16.Veblen, D.R. (Ed.), Amphiboles and Other Hydrous Pyriboles — Mineralogy, Reviews in Mineralogy, Vol 9A, Michigan, 1982, pp 1102.
5.17.Dixon, W.C., Applications of Optical Microscopy in the Analysis of Asbestos and Quartz, ACS Symposium Series, No. 120, Analytical Techniques in Occupational Health Chemistry, 1979.
5.18.Polarized Light Microscopy, McCrone Research Institute, Chicago, 1976.
5.19.Asbestos Identification, McCrone Research Institute, G & G printers, Chicago, 1987.
5.20.McCrone, W.C., Calculation of Refractive Indices from Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.
5.21.Levadie, B. (Ed.), Asbestos and Other Health Related Silicates, ASTM Technical Publication 834, ASTM, Philadelphia 1982.
5.22.Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical Characteristics of Asbestos, Geology of Asbestos Deposits, pp. 93-101, SME-AIME, 1981.
5.23. Zussman, J., The Mineralogy of Asbestos, Asbestos: Properties, Applications and Hazards, pp. 45-67 Wiley, 1979.
§1915.1001 Appendix L
Work Practices and Engineering Controls for Automotive Brake and Clutch Inspection, Disassembly, Repair and Assembly — Mandatory
This mandatory appendix specifies engineering controls and work practices that must be implemented by the employer during automotive brake and clutch inspection, disassembly, repair, and assembly operations. Proper use of these engineering controls and work practices by trained employees will reduce employees' asbestos exposure below the permissible exposure level during clutch and brake inspection, disassembly, repair, and assembly operations. The employer shall institute engineering controls and work practices using either the method set forth in paragraph [A] or paragraph [B] of this appendix, or any other method which the employer can demonstrate to be equivalent in terms of reducing employee exposure to asbestos as defined and which meets the requirements described in paragraph [C] of this appendix, for those facilities in which no more than 5 pairs of brakes or 5 clutches are inspected, disassembled, reassembled and/or repaired per week, the method set forth in paragraph [D] of this appendix may be used:
(A) Negative Pressure Enclosure/HEPA Vacuum System Method
(1) The brake and clutch inspection, disassembly, repair, and assembly operations shall be enclosed to cover and contain the clutch or brake assembly and to prevent the release of asbestos fibers into the worker's breathing zone.
(2) The enclosure shall be sealed tightly and thoroughly inspected for leaks before work begins on brake and clutch inspection, disassembly, repair, and assembly.
(3) The enclosure shall be such that the worker can clearly see the operation and shall provide impermeable sleeves through which the worker can handle the brake and clutch inspection, disassembly, repair and assembly. The integrity of the sleeves and ports shall be examined before work begins.
(4) A HEPA-filtered vacuum shall be employed to maintain the enclosure under negative pressure throughout the operation. Compressed-air may be used to remove asbestos fibers or particles from the enclosure.
(5) The HEPA vacuum shall be used first to loosen the asbestos containing residue from the brake and clutch parts and then to evacuate the loosened asbestos containing material from the enclosure and capture the material in the vacuum filter.
(6) The vacuum's filter, when full, shall be first wetted with a fine mist of water, then removed and placed immediately in an impermeable container, labeled according to paragraph (k)(8) of this section and disposed of according to paragraph (l) of this section.
(7) Any spills or releases of asbestos containing waste material from inside of the enclosure or vacuum hose or vacuum filter shall be immediately cleaned up and disposed of according to paragraph (l) of the section.
(B) Low Pressure/Wet Cleaning Method
(1) A catch basin shall be placed under the brake assembly, positioned to avoid splashes and spills.
(2) The reservoir shall contain water containing an organic solvent or wetting agent. The flow of liquid shall be controlled such that the brake assembly is gently flooded to prevent the asbestoscontaining brake dust from becoming airborne.
(3) The aqueous solution shall be allowed to flow between the brake drum and brake support before the drum is removed.
(4) After removing the brake drum, the wheel hub and back of the brake assembly shall be thoroughly wetted to suppress dust.
(5) The brake support plate, brake shoes and brake components used to attach the brake shoes shall be thoroughly washed before removing the old shoes.
(6) In systems using filters, the filters, when full, shall be first wetted with a fine mist of water, then removed and placed immediately in an impermeable container, labeled according to paragraph (k)(8) of this section and disposed of according to paragraph (l) of this section.
(7) Any spills of asbestos-containing aqueous solution or any asbestos-containing waste material shall be cleaned up immediately and disposed of according to paragraph (l) of this section.
(8) The use of dry brushing during low pressure/wet cleaning operations is prohibited.
(C) Equivalent Methods
An equivalent method is one which has sufficient written detail so that it can be reproduced and has been demonstrated that the exposures resulting from the equivalent method are equal to or less than the exposures which would result from the use of the method described in paragraph [A] of this appendix. For purposes of making this comparison, the employer shall assume that exposures resulting from the use of the method described in paragraph [A] of this appendix shall not exceed 0.016 f/cc, as measured by the OSHA reference method and as averaged over at least 18 personal samples.
(D) Wet Method
(1) A spray bottle, hose nozzle, or other implement capable of delivering a fine mist of water or amended water or other delivery system capable of delivering water at low pressure, shall be used to first thoroughly wet the brake and clutch parts. Brake and clutch components shall then be wiped clean with a cloth.
(2) The cloth shall be placed in an impermeable container, labelled according to paragraph (k)(8) of this section and then disposed of according to paragraph (l) of this section, or the cloth shall be laundered in a way to prevent the release of asbestos fibers in excess of 0.1 fiber per cubic centimeter of air.
(3) Any spills of solvent or any asbestos containing waste material shall be cleaned up immediately according to paragraph (l) of this section.
(4) The use of dry brushing during the wet method operations is prohibited.
[59 FR 41080, Aug. 10, 1994, as amended at 60 FR 33344, June 28, 1995; 60 FR 33987, June 29, 1995; 60 FR 36044, July 13, 1995; 60 FR 50412, Sept. 29, 1995; 61 FR 43457, Aug. 23, 1996; 63 FR 35137, June 29,] 1998; 67 FR 44545, 44546, July 3, 2002; 70 FR 1143, Jan. 5, 2005; 71 FR 16674, Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR 75587, Dec. 12, 2009; 76 FR 33610, June 8, 2011; 77 FR 17888, Mar. 26, 2012; 78 FR 9315, Feb. 8, 2013; 84 FR 21555, 12597, May 14, 2019]
§1915.1002
Coal tar pitch volatiles; interpretation of term
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1002 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1003 13 carcinogens (4-Nitrobiphenyl, etc.)
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1004 alpha-Naphthylamine
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1005 [Reserved]
§1915.1006
Methyl chloromethyl ether
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1007
3,3'-Dichlorobenzidiene (and its salts)
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1008
bis-Chloromethyl ether
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1009
beta-Naphthylamine
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1010 Benzidine
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1011
4-Aminodiphenyl
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1012
Ethyleneimine
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1013
beta-Propiolactone
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1014
2-Acetylaminofluorene
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1015
4-Dimethylaminoazobenzene
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1016
N-Nitrosodimethylamine
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1003 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1017
Vinyl chloride
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1017 of this chapter.
[61 FR 31430, June 20, 1996]
§1915.1018
Inorganic arsenic
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1018 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1020
Access to employee exposure and medical records
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1020 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1024
Beryllium
Beryllium
(a) Scope and application. [§1915.1024(a)]
(1) This standard applies to occupational exposure to beryllium in all forms, compounds, and mixtures in shipyards, except those
articles and materials exempted by paragraphs (a)(2) and (a)(3) of this standard. [§1915.1024(a)(1)]
(2) This standard does not apply to articles, as defined in the Hazard Communication standard (HCS) (29 CFR 1910.1200(c)), that contain beryllium and that the employer does not process. [§1915.1024(a)(2)]
(3) This standard does not apply to materials containing less than 0.1% beryllium by weight where the employer has objective data demonstrating that employee exposure to beryllium will remain below the action level as an 8hour TWA under any foreseeable conditions. [§1915.1024(a)(3)]
(b) Definitions. As used in this standard: [§1915.1024(b)]
Action level means a concentration of airborne beryllium of 0.1 micrograms per cubic meter of air (μg/m3) calculated as an 8-hour time-weighted average (TWA).
Airborne exposure and airborne exposure to beryllium mean the exposure to airborne beryllium that would occur if the employee were not using a respirator.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, United States Department of Labor, or designee.
Beryllium lymphocyte proliferation test (BeLPT) means the measurement of blood lymphocyte proliferation in a laboratory test when lymphocytes are challenged with a soluble beryllium salt.
CBD diagnostic center means a medical diagnostic center that has an on-site pulmonary specialist and on-site facilities to perform a clinical evaluation for the presence of chronic beryllium disease (CBD). This evaluation must include pulmonary function testing (as outlined by the American Thoracic Society criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. The CBD diagnostic center must also have the capacity to transfer BAL samples to a laboratory for appropriate diagnostic testing within 24 hours. The on-site pulmonary specialist must be able to interpret the biopsy pathology and the BAL diagnostic test results.
Chronic beryllium disease (CBD) means a chronic lung disease associated with airborne exposure to beryllium.
Confirmed positive means the person tested has beryllium sensitization, as indicated by two abnormal BeLPT test results, an abnormal and a borderline test result, or three borderline test results. It also means the result of a more reliable and accurate test indicating a person has been identified as having beryllium sensitization.
Director means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
Emergency means any uncontrolled release of airborne beryllium.
High-efficiency particulate air (HEPA) filter means a filter that is at least 99.97 percent efficient in removing particles 0.3 micrometers in diameter.
Objective data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating airborne exposure to beryllium associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher airborne exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows the individual to independently provide or be delegated the responsibility to provide some or all of the health care services required by paragraph (k) of this standard. Regulated area means an area, including temporary work areas where maintenance or non-routine tasks are performed, where an employee's airborne exposure exceeds, or can reasonably be expected to exceed, either the time-weighted average (TWA) permissible exposure limit (PEL) or short term exposure limit (STEL).
This standard means this beryllium standard, 29 CFR 1915.1024.
(c) Permissible Exposure Limits (PELs) [§1915.1024(c)]
(1) Time-weighted average (TWA) PEL. The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 0.2 μg/m3 calculated as an 8-hour TWA. [§1915.1024(c)(1)]
(2) Short-term exposure limit (STEL). The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 2.0 μg/m3 as determined over a sampling period of 15 minutes. [§1915.1024(c)(2)]
(d) Exposure assessment [§1915.1024(d)]
(1) General. The employer must assess the airborne exposure of each employee who is or may reasonably be expected to be exposed to airborne beryllium in accordance with either the performance option in paragraph (d)(2) or the scheduled monitoring option in paragraph (d)(3) of this standard.
[§1915.1024(d)(1)]
(2) Performance option. The employer must assess the 8-hour TWA exposure and the 15-minute short-term exposure for each employee on the basis of any combination of air monitoring data
§1915.1024 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
and objective data sufficient to accurately characterize airborne exposure to beryllium. [§1915.1024(d)(2)]
(3) Scheduled monitoring option. [§1915.1024(d)(3)]
(i) The employer must perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the airborne exposure of employees on each shift, for each job classification, and in each work area. [§1915.1024(d)(3)(i)]
(ii) The employer must perform initial monitoring to assess the short-term exposure from 15-minute personal breathing zone air samples measured in operations that are likely to produce airborne exposure above the STEL for each work shift, for each job classification, and in each work area.
[§1915.1024(d)(3)(ii)]
(iii) Where several employees perform the same tasks on the same shift and in the same work area, the employer may sample a representative fraction of these employees in order to meet the requirements of paragraph (d)(3) of this standard. In representative sampling, the employer must sample the employee(s) expected to have the highest airborne exposure to beryllium. [§1915.1024(d)(3)(iii)]
(iv) If initial monitoring indicates that airborne exposure is below the action level and at or below the STEL, the employer may discontinue monitoring for those employees whose airborne exposure is represented by such monitoring. [§1915.1024(d)(3)(iv)]
(v) Where the most recent exposure monitoring indicates that airborne exposure is at or above the action level but at or below the TWA PEL, the employer must repeat such monitoring within six months of the most recent monitoring. [§1915.1024(d)(3)(v)]
(vi) Where the most recent exposure monitoring indicates that airborne exposure is above the TWA PEL, the employer must repeat such monitoring within three months of the most recent 8-hour TWA exposure monitoring. [§1915.1024(d)(3)(vi)]
(vii) Where the most recent (non-initial) exposure monitoring indicates that airborne exposure is below the action level, the employer must repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level, at which time the employer may discontinue 8-hour TWA exposure monitoring for those employees whose exposure is represented by such monitoring, except as otherwise provided in paragraph (d)(4) of this standard. [§1915.1024(d)(3)(vii)]
(viii) Where the most recent exposure monitoring indicates that airborne exposure is above the STEL, the employer must repeat such monitoring within three months of the most recent short-term exposure monitoring until two consecutive measurements, taken 7 or more days apart, are below the STEL, at which time the employer may discontinue short-term exposure monitoring for those employees whose exposure is represented by such monitoring, except as otherwise provided in paragraph (d)(4) of this standard. [§1915.1024(d)(3)(viii)]
(4) Reassessment of exposure. The employer must reassess airborne exposure whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional airborne exposure at or above the action level or STEL, or when the employer has any reason to believe that new or additional airborne exposure at or above the action level or STEL has occurred. [§1915.1024(d)(4)]
(5) Methods of sample analysis. The employer must ensure that all air monitoring samples used to satisfy the monitoring requirements of paragraph (d) of this standard are evaluated by a laboratory that can measure beryllium to an accuracy of plus or minus 25 percent within a statistical confidence level of 95 percent for airborne concentrations at or above the action level. [§1915.1024(d)(5)]
(6) Employee notification of assessment results. [§1915.1024(d)(6)]
(i) Within 15 working days after completing an exposure assessment in accordance with paragraph (d) of this standard, the employer must notify each employee whose airborne exposure is represented by the assessment of the results of that assessment individually in writing or post the results in an appropriate location that is accessible to each of these employees. [§1915.1024(d)(6)(i)]
(ii) Whenever an exposure assessment indicates that airborne exposure is above the TWA PEL or STEL, the employer must describe in the written notification the corrective action being taken to reduce airborne exposure to or below the exposure limit(s) exceeded where feasible corrective action exists but had not been implemented when the monitoring was conducted. [§1915.1024(d)(6)(ii)]
(7) Observation of monitoring. [§1915.1024(d)(7)]
(i) The employer must provide an opportunity to observe any exposure monitoring required by this standard to each employee whose airborne exposure is measured or
represented by the monitoring and each employee's representative(s). [§1915.1024(d)(7)(i)]
(ii) When observation of monitoring requires entry into an area where the use of personal protective clothing or equipment (which may include respirators) is required, the employer must provide each observer with appropriate personal protective clothing and equipment at no cost to the observer and must ensure that each observer uses such clothing and equipment. [§1915.1024(d)(7)(ii)]
(iii) The employer must ensure that each observer follows all other applicable safety and health procedures. [§1915.1024(d)(7)(iii)]
(e) Regulated areas [§1915.1024(e)]
(1) Establishment. The employer must establish and maintain a regulated area wherever employees are, or can reasonably be expected to be, exposed to airborne beryllium at levels above the TWA PEL or STEL. [§1915.1024(e)(1)]
(2) Demarcation. The employer must identify each regulated area in accordance with paragraph (m)(2) of this standard. [§1915.1024(e)(2)]
(3) Access. The employer must limit access to regulated areas to: [§1915.1024(e)(3)]
(i) Persons the employer authorizes or requires to be in a regulated area to perform work duties; [§1915.1024(e)(3)(i)]
(ii) Persons entering a regulated area as designated representatives of employees for the purpose of exercising the right to observe exposure monitoring procedures under paragraph (d)(7) of this standard; and [§1915.1024(e)(3)(ii)]
(iii) Persons authorized by law to be in a regulated area.
[§1915.1024(e)(3)(iii)]
(4) Provision of personal protective clothing and equipment, including respirators. The employer must provide and ensure that each employee entering a regulated area uses: [§1915.1024(e)(4)]
(i) Respiratory protection in accordance with paragraph (g) of this standard; and [§1915.1024(e)(4)(i)]
(ii) Personal protective clothing and equipment in accordance with paragraph (h) of this standard. [§1915.1024(e)(4)(ii)]
(f) Methods of compliance [§1915.1024(f)]
(1) Written exposure control plan. [§1915.1024(f)(1)]
(i) The employer must establish, implement, and maintain a written exposure control plan, which must contain: [§1915.1024(f)(1)(i)]
(A) A list of operations and job titles reasonably expected to involve airborne exposure to or dermal contact with beryllium; [§1915.1024(f)(1)(i)(A)]
(B) A list of operations and job titles reasonably expected to involve airborne exposure at or above the action level; [§1915.1024(f)(1)(i)(B)]
(C) A list of operations and job titles reasonably expected to involve airborne exposure above the TWA PEL or STEL; [§1915.1024(f)(1)(i)(C)]
(D) Procedures for minimizing cross-contamination; [§1915.1024(f)(1)(i)(D)]
(E) Procedures for minimizing the migration of beryllium within or to locations outside the workplace; [§1915.1024(f)(1)(i)(E)]
(F) A list of engineering controls, work practices, and respiratory protection required by paragraph (f)(2) of this standard; [§1915.1024(f)(1)(i)(F)]
(G) A list of personal protective clothing and equipment required by paragraph (h) of this standard; and [§1915.1024(f)(1)(i)(G)]
(H) Procedures for removing, laundering, storing, cleaning, repairing, and disposing of beryllium-contaminated personal protective clothing and equipment, including respirators. [§1915.1024(f)(1)(i)(H)]
(ii) The employer must review and evaluate the effectiveness of each written exposure control plan at least annually and update it, as necessary, when: [§1915.1024(f)(1)(ii)]
(A) Any change in production processes, materials, equipment, personnel, work practices, or control methods results, or can reasonably be expected to result, in new or additional airborne exposure to beryllium; [§1915.1024(f)(1)(ii)(A)]
(B) The employer is notified that an employee is eligible for medical removal in accordance with paragraph (l)(1) of this standard, referred for evaluation at a CBD diagnostic center, or shows signs or symptoms associated with airborne exposure to or dermal contact with beryllium; or [§1915.1024(f)(1)(ii)(B)]
(C) The employer has any reason to believe that new or additional airborne exposure is occurring or will occur.
[§1915.1024(f)(1)(ii)(C)]
(iii) The employer must make a copy of the written exposure control plan accessible to each employee who is, or can reasonably be expected to be, exposed to airborne beryllium in
accordance with OSHA's Access to Employee Exposure and Medical Records (Records Access) standard (29 CFR 1910.1020(e)). [§1915.1024(f)(1)(iii)]
(2) Engineering and work practice controls. [§1915.1024(f)(2)]
(i) Where exposures are, or can reasonably be expected to be, at or above the action level, the employer must ensure that at least one of the following is in place to reduce airborne exposure: [§1915.1024(f)(2)(i)]
(A) Material and/or process substitution; [§1915.1024(f)(2)(i)(A)]
(B) Isolation, such as ventilated partial or full enclosures; [§1915.1024(f)(2)(i)(B)]
(C) Local exhaust ventilation, such as at the points of operation, material handling, and transfer; or [§1915.1024(f)(2)(i)(C)]
(D) Process control, such as wet methods and automation. [§1915.1024(f)(2)(i)(D)]
(ii) An employer is exempt from using the controls listed in paragraph (f)(2)(i) of this standard to the extent that: [§1915.1024(f)(2)(ii)]
(A) The employer can establish that such controls are not feasible; or [§1915.1024(f)(2)(ii)(A)]
(B) The employer can demonstrate that airborne exposure is below the action level, using no fewer than two representative personal breathing zone samples taken at least 7 days apart, for each affected operation. [§1915.1024(f)(2)(ii)(B)]
(iii) If airborne exposure exceeds the TWA PEL or STEL after implementing the control(s) required by (f)(2)(i), the employer must implement additional or enhanced engineering and work practice controls to reduce airborne exposure to or below the exposure limit(s) exceeded. [§1915.1024(f)(2)(iii)]
(iv) Wherever the employer demonstrates that it is not feasible to reduce airborne exposure to or below the PELs by the engineering and work practice controls required by paragraphs (f)(2)(i) and (f)(2)(iii), the employer must implement and maintain engineering and work practice controls to reduce airborne exposure to the lowest levels feasible and supplement these controls by using respiratory protection in accordance with paragraph (g) of this standard. [§1915.1024(f)(2)(iv)]
(3) Prohibition of rotation. The employer must not rotate employees to different jobs to achieve compliance with the PELs. [§1915.1024(f)(3)]
(g) Respiratory protection [§1915.1024(g)]
(1) General. The employer must provide respiratory protection at no cost to the employee and ensure that each employee uses respiratory protection: [§1915.1024(g)(1)]
(i) During periods necessary to install or implement feasible engineering and work practice controls where airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; [§1915.1024(g)(1)(i)]
(ii) During operations, including maintenance and repair activities and non-routine tasks, when engineering and work practice controls are not feasible and airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; [§1915.1024(g)(1)(ii)]
(iii) During operations for which an employer has implemented all feasible engineering and work practice controls when such controls are not sufficient to reduce airborne exposure to or below the TWA PEL or STEL; [§1915.1024(g)(1)(iii)]
(iv) During emergencies; and [§1915.1024(g)(1)(iv)]
(v) When an employee who is eligible for medical removal under paragraph (l)(1) chooses to remain in a job with airborne exposure at or above the action level, as permitted by paragraph (l)(2)(ii). [§1915.1024(g)(1)(v)]
(2) Respiratory protection program. Where this standard requires an employer to provide respiratory protection, the selection and use of such respiratory protection must be in accordance with the Respiratory Protection standard (29 CFR 1910.134).
[§1915.1024(g)(2)]
(3) The employer must provide at no cost to the employee a powered air-purifying respirator (PAPR) instead of a negative pressure respirator when [§1915.1024(g)(3)]
(i) Respiratory protection is required by this standard; [§1915.1024(g)(3)(i)]
(ii) An employee entitled to such respiratory protection requests a PAPR; and [§1915.1024(g)(3)(ii)]
(iii) The PAPR provides adequate protection to the employee in accordance with paragraph (g)(2) of this standard. [§1915.1024(g)(3)(iii)]
(h) Personal protective clothing and equipment [§1915.1024(h)]
(1) Provision and use. The employer must provide at no cost, and ensure that each employee uses, appropriate personal protective clothing and equipment in accordance with the written exposure control plan required under paragraph (f)(1) of this standard and OSHA's Personal Protective Equipment standards for shipyards (subpart I of this part): [§1915.1024(h)(1)]
(i) Where airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; or [§1915.1024(h)(1)(i)]
(ii) Where there is a reasonable expectation of dermal contact with beryllium. [§1915.1024(h)(1)(ii)]
(2) Removal and storage. [§1915.1024(h)(2)]
(i) The employer must ensure that each employee removes all beryllium-contaminated personal protective clothing and equipment at the end of the work shift, at the completion of tasks involving beryllium, or when personal protective clothing or equipment becomes visibly contaminated with beryllium, whichever comes first. [§1915.1024(h)(2)(i)]
(ii) The employer must ensure that each employee removes beryllium-contaminated personal protective clothing and equipment as specified in the written exposure control plan required by paragraph (f)(1) of this standard. [§1915.1024(h)(2)(ii)]
(iii) The employer must ensure that each employee stores and keeps beryllium-contaminated personal protective clothing and equipment separate from street clothing and that storage facilities prevent cross-contamination as specified in the written exposure control plan required by paragraph (f)(1) of this standard. [§1915.1024(h)(2)(iii)]
(iv) The employer must ensure that no employee removes beryllium-contaminated personal protective clothing or equipment from the workplace, except for employees authorized to do so for the purposes of laundering, cleaning, maintaining or disposing of beryllium-contaminated personal protective clothing and equipment at an appropriate location or facility away from the workplace. [§1915.1024(h)(2)(iv)]
(v) When personal protective clothing or equipment required by this standard is removed from the workplace for laundering, cleaning, maintenance or disposal, the employer must ensure that personal protective clothing and equipment are stored and transported in sealed bags or other closed containers that are impermeable and are labeled in accordance with paragraph (m)(3) of this standard and the HCS (29 CFR 1910.1200). [§1915.1024(h)(2)(v)]
(3) Cleaning and replacement. [§1915.1024(h)(3)]
(i) The employer must ensure that all reusable personal protective clothing and equipment required by this standard is cleaned, laundered, repaired, and replaced as needed to maintain its effectiveness. [§1915.1024(h)(3)(i)]
(ii) The employer must ensure that beryllium is not removed from personal protective clothing and equipment by blowing, shaking or any other means that disperses beryllium into the air. [§1915.1024(h)(3)(ii)]
(iii) The employer must inform in writing the persons or the business entities who launder, clean or repair the personal protective clothing or equipment required by this standard of the potentially harmful effects of airborne exposure to and dermal contact with beryllium and that the personal protective clothing and equipment must be handled in accordance with this standard. [§1915.1024(h)(3)(iii)]
(i) Hygiene areas and practices [§1915.1024(i)]
(1) General. For each employee required to use personal protective clothing or equipment by this standard, the employer must: [§1915.1024(i)(1)]
(i) Provide readily accessible washing facilities in accordance with this standard and the Sanitation standard §1915.88) to remove beryllium from the hands, face, and neck; and [§1915.1024(i)(1)(i)]
(ii) Ensure that employees who have dermal contact with beryllium wash any exposed skin at the end of the activity, process, or work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet. [§1915.1024(i)(1)(ii)]
(2) Change rooms. In addition to the requirements of paragraph (i)(1)(i) of this standard, the employer must provide employees required to use personal protective clothing by this standard with a designated change room in accordance with the Sanitation standard §1915.88) where employees are required to remove their personal clothing. [§1915.1024(i)(2)]
(3) Eating and drinking areas. Wherever the employer allows employees to consume food or beverages at a worksite where beryllium is present, the employer must ensure that:
[§1915.1024(i)(3)]
(i) Surfaces in eating and drinking areas are as free as practicable of beryllium; [§1915.1024(i)(3)(i)]
(ii) No employees enter any eating or drinking area with personal protective clothing or equipment unless, prior to entry, surface beryllium has been removed from the clothing or equipment by methods that do not disperse beryllium into the air or onto an employee's body; and [§1915.1024(i)(3)(ii)]
§1915.1024 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(iii) Eating and drinking facilities provided by the employer are in accordance with the Sanitation standard (29 CFR 1915.88). [§1915.1024(i)(3)(iii)]
(4) Prohibited activities. The employer must ensure that no employees eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas. [§1915.1024(i)(4)]
(j) Housekeeping [§1915.1024(j)]
(1) General. [§1915.1024(j)(1)]
(i) When cleaning beryllium-contaminated areas, the employer must follow the written exposure control plan required under paragraph (f)(1) of this standard; and [§1915.1024(j)(1)(i)]
(ii) The employer must ensure that all spills and emergency releases of beryllium are cleaned up promptly and in accordance with the written exposure control plan required under paragraph (f)(1). [§1915.1024(j)(1)(ii)]
(2) Cleaning methods. [§1915.1024(j)(2)]
(i) When cleaning beryllium-contaminated areas, the employer must ensure the use of HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure. [§1915.1024(j)(2)(i)]
(ii) The employer must not allow dry sweeping or brushing for cleaning in beryllium-contaminated areas unless HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure are not safe or effective. [§1915.1024(j)(2)(ii)]
(iii) The employer must not allow the use of compressed air for cleaning in beryllium-contaminated areas unless the compressed air is used in conjunction with a ventilation system designed to capture the particulates made airborne by the use of compressed air. [§1915.1024(j)(2)(iii)]
(iv) Where employees use dry sweeping, brushing, or compressed air to clean in beryllium-contaminated areas, the employer must provide, and ensure that each employee uses, respiratory protection and personal protective clothing and equipment in accordance with paragraphs (g) and (h) of this standard. [§1915.1024(j)(2)(iv)]
(v) The employer must ensure that cleaning equipment is handled and maintained in a manner that minimizes the likelihood and level of airborne exposure and the re-entrainment of airborne beryllium in the workplace. [§1915.1024(j)(2)(v)]
(3) Disposal. When the employer transfers materials containing beryllium to another party for use or disposal, the employer must provide the recipient with a copy of the warning described in paragraph (m)(3) of this standard. [§1915.1024(j)(3)]
(k) Medical surveillance [§1915.1024(k)]
(1) General. [§1915.1024(k)(1)]
(i) The employer must make medical surveillance required by this paragraph available at no cost to the employee, and at a reasonable time and place, to each employee:
[§1915.1024(k)(1)(i)]
(A) Who is or is reasonably expected to be exposed at or above the action level for more than 30 days per year; [§1915.1024(k)(1)(i)(A)]
(B) Who shows signs or symptoms of CBD or other beryllium-related health effects; [§1915.1024(k)(1)(i)(B)]
(C) Who is exposed to beryllium during an emergency; or [§1915.1024(k)(1)(i)(C)]
(D) Whose most recent written medical opinion required by paragraph (k)(6) or (k)(7) recommends periodic medical surveillance. [§1915.1024(k)(1)(i)(D)]
(ii) The employer must ensure that all medical examinations and procedures required by this standard are performed by, or under the direction of, a licensed physician. [§1915.1024(k)(1)(ii)]
(2) Frequency. The employer must provide a medical examination: [§1915.1024(k)(2)]
(i) Within 30 days after determining that: [§1915.1024(k)(2)(i)]
(A) An employee meets the criteria of paragraph (k)(1)(i)(A) of this standard, unless the employee has received a medical examination, provided in accordance with this standard, within the last two years; or [§1915.1024(k)(2)(i)(A)]
(B) An employee meets the criteria of paragraph (k)(1)(i)(B) or (C) of this standard. [§1915.1024(k)(2)(i)(B)]
(ii) At least every two years thereafter for each employee who continues to meet the criteria of paragraph (k)(1)(i)(A), (B), or (D) of this standard. [§1915.1024(k)(2)(ii)]
(iii) At the termination of employment for each employee who meets any of the criteria of paragraph (k)(1)(i) of this standard at the time the employee's employment terminates, unless an examination has been provided in accordance with this standard during the six months prior to the date of termination. [§1915.1024(k)(2)(iii)]
(3) Contents of examination. [§1915.1024(k)(3)]
(i) The employer must ensure that the PLHCP conducting the examination advises the employee of the risks and benefits of participating in the medical surveillance program and the employee's right to opt out of any or all parts of the medical examination. [§1915.1024(k)(3)(i)]
(ii) The employer must ensure that the employee is offered a medical examination that includes: [§1915.1024(k)(3)(ii)]
(A) A medical and work history, with emphasis on past and present airborne exposure to or dermal contact with beryllium, smoking history, and any history of respiratory system dysfunction; [§1915.1024(k)(3)(ii)(A)]
(B) A physical examination with emphasis on the respiratory system; [§1915.1024(k)(3)(ii)(B)]
(C) A physical examination for skin rashes; [§1915.1024(k)(3)(ii)(C)]
(D) Pulmonary function tests, performed in accordance with the guidelines established by the American Thoracic Society including forced vital capacity (FVC) and forced expiratory volume in one second (FEV1); [§1915.1024(k)(3)(ii)(D)]
(E) A standardized BeLPT or equivalent test, upon the first examination and at least every two years thereafter, unless the employee is confirmed positive. If the results of the BeLPT are other than normal, a follow-up BeLPT must be offered within 30 days, unless the employee has been confirmed positive. Samples must be analyzed in a laboratory certified under the College of American Pathologists/ Clinical Laboratory Improvement Amendments (CLIA) guidelines to perform the BeLPT. [§1915.1024(k)(3)(ii)(E)]
(F) A low dose computed tomography (LDCT) scan, when recommended by the PLHCP after considering the employee's history of exposure to beryllium along with other risk factors, such as smoking history, family medical history, sex, age, and presence of existing lung disease; and [§1915.1024(k)(3)(ii)(F)]
(G) Any other test deemed appropriate by the PLHCP. [§1915.1024(k)(3)(ii)(G)]
(4) Information provided to the PLHCP. The employer must ensure that the examining PLHCP (and the agreed-upon CBD diagnostic center, if an evaluation is required under paragraph (k)(7) of this standard) has a copy of this standard and must provide the following information, if known: [§1915.1024(k)(4)]
(i) A description of the employee's former and current duties that relate to the employee's airborne exposure to and dermal contact with beryllium; [§1915.1024(k)(4)(i)]
(ii) The employee's former and current levels of airborne exposure; [§1915.1024(k)(4)(ii)]
(iii) A description of any personal protective clothing and equipment, including respirators, used by the employee, including when and for how long the employee has used that personal protective clothing and equipment; and [§1915.1024(k)(4)(iii)]
(iv) Information from records of employment-related medical examinations previously provided to the employee, currently within the control of the employer, after obtaining written consent from the employee. [§1915.1024(k)(4)(iv)]
(5) Licensed physician's written medical report for the employee. The employer must ensure that the employee receives a written medical report from the licensed physician within 45 days of the examination (including any follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this standard) and that the PLHCP explains the results of the examination to the employee. The written medical report must contain:
[§1915.1024(k)(5)]
(i) A statement indicating the results of the medical examination, including the licensed physician's opinion as to whether the employee has [§1915.1024(k)(5)(i)]
(A) Any detected medical condition, such as CBD or beryllium sensitization (i.e., the employee is confirmed positive, as defined in paragraph (b) of this standard), that may place the employee at increased risk from further airborne exposure, and [§1915.1024(k)(5)(i)(A)]
(B) Any medical conditions related to airborne exposure that require further evaluation or treatment. [§1915.1024(k)(5)(i)(B)]
(ii) Any recommendations on: [§1915.1024(k)(5)(ii)]
(A) The employee's use of respirators, protective clothing, or equipment; or [§1915.1024(k)(5)(ii)(A)]
(B) Limitations on the employee's airborne exposure to beryllium. [§1915.1024(k)(5)(ii)(B)]
(iii) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician otherwise deems it appropriate,
the written report must also contain a referral for an evaluation at a CBD diagnostic center. [§1915.1024(k)(5)(iii)]
(iv) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for continued periodic medical surveillance. [§1915.1024(k)(5)(iv)]
(v) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for medical removal from airborne exposure to beryllium, as described in paragraph (l). [§1915.1024(k)(5)(v)]
(6) Licensed physician's written medical opinion for the employer.
[§1915.1024(k)(6)]
(i) The employer must obtain a written medical opinion from the licensed physician within 45 days of the medical examination (including any follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this standard). The written medical opinion must contain only the following: [§1915.1024(k)(6)(i)]
(A) The date of the examination; [§1915.1024(k)(6)(i)(A)]
(B) A statement that the examination has met the requirements of this standard; [§1915.1024(k)(6)(i)(B)]
(C) Any recommended limitations on the employee's use of respirators, protective clothing, or equipment; and [§1915.1024(k)(6)(i)(C)]
(D) A statement that the PLHCP has explained the results of the medical examination to the employee, including any tests conducted, any medical conditions related to airborne exposure that require further evaluation or treatment, and any special provisions for use of personal protective clothing or equipment; [§1915.1024(k)(6)(i)(D)]
(ii) If the employee provides written authorization, the written opinion must also contain any recommended limitations on the employee's airborne exposure to beryllium.
[§1915.1024(k)(6)(ii)]
(iii) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician otherwise deems it appropriate, and the employee provides written authorization, the written opinion must also contain a referral for an evaluation at a CBD diagnostic center. [§1915.1024(k)(6)(iii)]
(iv) If the employee is confirmed positive or diagnosed with CBD and the employee provides written authorization, the written opinion must also contain a recommendation for continued periodic medical surveillance. [§1915.1024(k)(6)(iv)]
(v) If the employee is confirmed positive or diagnosed with CBD and the employee provides written authorization, the written opinion must also contain a recommendation for medical removal from airborne exposure to beryllium, as described in paragraph (l). [§1915.1024(k)(6)(v)]
(vi) The employer must ensure that each employee receives a copy of the written medical opinion described in paragraph (k)(6) of this standard within 45 days of any medical examination (including any follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this standard) performed for that employee. [§1915.1024(k)(6)(vi)]
(7) CBD diagnostic center. [§1915.1024(k)(7)]
(i) The employer must provide an evaluation at no cost to the employee at a CBD diagnostic center that is mutually agreed upon by the employer and the employee. The examination must be provided within 30 days of:
[§1915.1024(k)(7)(i)]
(A) The employer's receipt of a physician's written medical opinion to the employer that recommends referral to a CBD diagnostic center; or [§1915.1024(k)(7)(i)(A)]
(B) The employee presenting to the employer a physician's written medical report indicating that the employee has been confirmed positive or diagnosed with CBD, or recommending referral to a CBD diagnostic center.
[§1915.1024(k)(7)(i)(B)]
(ii) The employer must ensure that the employee receives a written medical report from the CBD diagnostic center that contains all the information required in paragraph (k)(5)(i), (ii), (iv), and (v) and that the PLHCP explains the results of the examination to the employee within 30 days of the examination. [§1915.1024(k)(7)(ii)]
(iii) The employer must obtain a written medical opinion from the CBD diagnostic center within 30 days of the medical examination. The written medical opinion must contain only the information in paragraphs (k)(6)(i), as applicable, unless the employee provides written authorization to release additional information. If the employee provides written authorization, the written opinion must also contain the information from paragraphs (k)(6)(ii), (iv), and (v), if applicable. [§1915.1024(k)(7)(iii)]
(iv) The employer must ensure that each employee receives a copy of the written medical opinion from the CBD diagnostic center described in paragraph (k)(7) of this standard within 30 days of any medical examination performed for that employee. [§1915.1024(k)(7)(iv)]
(v) After an employee has received the initial clinical evaluation at a CBD diagnostic center described in paragraph (k)(7)(i) of this standard, the employee may choose to have any subsequent medical examinations for which the employee is eligible under paragraph (k) of this standard performed at a CBD diagnostic center mutually agreed upon by the employer and the employee, and the employer must provide such examinations at no cost to the employee. [§1915.1024(k)(7)(v)]
(l) Medical removal. [§1915.1024(l)]
(1) An employee is eligible for medical removal, if the employee works in a job with airborne exposure at or above the action level and either: [§1915.1024(l)(1)]
(i) The employee provides the employer with: [§1915.1024(l)(1)(i)]
(A) A written medical report indicating a confirmed positive finding or CBD diagnosis; or [§1915.1024(l)(1)(i)(A)]
(B) A written medical report recommending removal from airborne exposure to beryllium in accordance with paragraph (k)(5)(v) or (k)(7)(ii) of this standard; or [§1915.1024(l)(1)(i)(B)]
(ii) The employer receives a written medical opinion recommending removal from airborne exposure to beryllium in accordance with paragraph (k)(6)(v) or (k)(7)(iii) of this standard.
[§1915.1024(l)(1)(ii)]
(2) If an employee is eligible for medical removal, the employer must provide the employee with the employee's choice of:
[§1915.1024(l)(2)]
(i) Removal as described in paragraph (l)(3) of this standard; or [§1915.1024(l)(2)(i)]
(ii) Remaining in a job with airborne exposure at or above the action level, provided that the employer provides, and ensures that the employee uses, respiratory protection that complies with paragraph (g) of this standard whenever airborne exposures are at or above the action level. [§1915.1024(l)(2)(ii)]
(3) If the employee chooses removal: [§1915.1024(l)(3)]
(i) If a comparable job is available where airborne exposures to beryllium are below the action level, and the employee is qualified for that job or can be trained within one month, the employer must remove the employee to that job. The employer must maintain for six months from the time of removal the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal.
[§1915.1024(l)(3)(i)]
(ii) If comparable work is not available, the employer must maintain the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal for six months or until such time that comparable work described in paragraph (l)(3)(i) becomes available, whichever comes first.
[§1915.1024(l)(3)(ii)]
(4) The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal from a publicly or employerfunded compensation program, or receives income from another employer made possible by virtue of the employee's removal. [§1915.1024(l)(4)]
(m) Communication of hazards [§1915.1024(m)]
(1) General. [§1915.1024(m)(1)]
(i) Chemical manufacturers, importers, distributors, and employers must comply with all requirements of the HCS (29 CFR 1910.1200) for beryllium. [§1915.1024(m)(1)(i)]
(ii) Employers must include beryllium in the hazard communication program established to comply with the HCS. Employers must ensure that each employee has access to labels on containers of beryllium and to safety data sheets, and is trained in accordance with the requirements of the HCS (29 CFR 1910.1200) and paragraph (m)(4) of this standard. [§1915.1024(m)(1)(ii)]
(2) Warning signs. [§1915.1024(m)(2)]
(i) Posting. The employer must provide and display warning signs at each approach to a regulated area so that each employee is able to read and understand the signs and take necessary protective steps before entering the area. [§1915.1024(m)(2)(i)]
(ii) Sign specification. [§1915.1024(m)(2)(ii)]
(A) The employer must ensure that the warning signs required by paragraph (m)(2)(i) of this standard are legible and readily visible. [§1915.1024(m)(2)(ii)(A)]
§1915.1025 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(B) The employer must ensure each warning sign required by paragraph (m)(2)(i) of this standard bears the following legend: [§1915.1024(m)(2)(ii)(B)] DANGER REGULATED AREA BERYLLIUM
MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY
WEAR RESPIRATORY PROTECTION AND PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT IN THIS AREA
(3) Warning labels. Consistent with the HCS (29 CFR 1910.1200), the employer must label each bag and container of clothing, equipment, and materials contaminated with beryllium, and must, at a minimum, include the following on the label: [§1915.1024(m)(3)] DANGER
CONTAINS BERYLLIUM MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AVOID CREATING DUST DO NOT GET ON SKIN
(4) Employee information and training. [§1915.1024(m)(4)]
(i) For each employee who has, or can reasonably be expected to have, airborne exposure to or dermal contact with beryllium: [§1915.1024(m)(4)(i)]
(A) The employer must provide information and training in accordance with the HCS (29 CFR 1910.1200(h)); [§1915.1024(m)(4)(i)(A)]
(B) The employer must provide initial training to each employee by the time of initial assignment; and [§1915.1024(m)(4)(i)(B)]
(C) The employer must repeat the training required under this standard annually for each employee. [§1915.1024(m)(4)(i)(C)]
(ii) The employer must ensure that each employee who is, or can reasonably be expected to be, exposed to airborne beryllium can demonstrate knowledge and understanding of the following: [§1915.1024(m)(4)(ii)]
(A) The health hazards associated with airborne exposure to and contact with beryllium, including the signs and symptoms of CBD; [§1915.1024(m)(4)(ii)(A)]
(B) The written exposure control plan, with emphasis on the location(s) of any regulated areas, and the specific nature of operations that could result in airborne exposure, especially airborne exposure above the TWA PEL or STEL; [§1915.1024(m)(4)(ii)(B)]
(C) The purpose, proper selection, fitting, proper use, and limitations of personal protective clothing and equipment, including respirators; [§1915.1024(m)(4)(ii)(C)]
(D) Applicable emergency procedures; [§1915.1024(m)(4)(ii)(D)]
(E) Measures employees can take to protect themselves from airborne exposure to and contact with beryllium, including personal hygiene practices; [§1915.1024(m)(4)(ii)(E)]
(F) The purpose and a description of the medical surveillance program required by paragraph (k) of this standard including risks and benefits of each test to be offered; [§1915.1024(m)(4)(ii)(F)]
(G) The purpose and a description of the medical removal protection provided under paragraph (l) of this standard; [§1915.1024(m)(4)(ii)(G)]
(H) The contents of the standard; and [§1915.1024(m)(4)(ii)(H)]
(I) The employee's right of access to records under the Records Access standard (29 CFR 1910.1020). [§1915.1024(m)(4)(ii)(I)]
(iii) When a workplace change (such as modification of equipment, tasks, or procedures) results in new or increased airborne exposure that exceeds, or can reasonably be expected to exceed, either the TWA PEL or the STEL, the employer must provide additional training to those employees affected by the change in airborne exposure. [§1915.1024(m)(4)(iii)]
(iv) Employee information. The employer must make a copy of this standard and its appendices readily available at no cost to each employee and designated employee representative(s). [§1915.1024(m)(4)(iv)]
(n) Recordkeeping [§1915.1024(n)]
(1) Air monitoring data. [§1915.1024(n)(1)]
(i) The employer must make and maintain a record of all exposure measurements taken to assess airborne exposure as prescribed in paragraph (d) of this standard. [§1915.1024(n)(1)(i)]
(ii) This record must include at least the following information: [§1915.1024(n)(1)(ii)]
(A) The date of measurement for each sample taken; [§1915.1024(n)(1)(ii)(A)]
(B) The task that is being monitored; [§1915.1024(n)(1)(ii)(B)]
(C) The sampling and analytical methods used and evidence of their accuracy; [§1915.1024(n)(1)(ii)(C)]
(D) The number, duration, and results of samples taken; [§1915.1024(n)(1)(ii)(D)]
(E) The type of personal protective clothing and equipment, including respirators, worn by monitored employees at the time of monitoring; and [§1915.1024(n)(1)(ii)(E)]
(F) The name, social security number, and job classification of each employee represented by the monitoring, indicating which employees were actually monitored. [§1915.1024(n)(1)(ii)(F)]
(iii) The employer must ensure that exposure records are maintained and made available in accordance with the Records Access standard (29 CFR 1910.1020). [§1915.1024(n)(1)(iii)]
(2) Objective data. [§1915.1024(n)(2)]
(i) Where an employer uses objective data to satisfy the exposure assessment requirements under paragraph (d)(2) of this standard, the employer must make and maintain a record of the objective data relied upon. [§1915.1024(n)(2)(i)]
(ii) This record must include at least the following information: [§1915.1024(n)(2)(ii)]
(A) The data relied upon; [§1915.1024(n)(2)(ii)(A)](B) The beryllium-containing material in question; [§1915.1024(n)(2)(ii)(B)]
(C) The source of the objective data; [§1915.1024(n)(2)(ii)(C)]
(D) A description of the process, task, or activity on which the objective data were based; and [§1915.1024(n)(2)(ii)(D)]
(E) Other data relevant to the process, task, activity, material, or airborne exposure on which the objective data were based. [§1915.1024(n)(2)(ii)(E)]
(iii) The employer must ensure that objective data are maintained and made available in accordance with the Records Access standard (29 CFR 1910.1020). [§1915.1024(n)(2)(iii)]
(3) Medical surveillance. [§1915.1024(n)(3)]
(i) The employer must make and maintain a record for each employee covered by medical surveillance under paragraph (k) of this standard. [§1915.1024(n)(3)(i)]
(ii) The record must include the following information about each employee: [§1915.1024(n)(3)(ii)]
(A) Name, social security number, and job classification; [§1915.1024(n)(3)(ii)(A)]
(B) A copy of all licensed physicians' written medical opinions for each employee; and [§1915.1024(n)(3)(ii)(B)]
(C) A copy of the information provided to the PLHCP as required by paragraph (k)(4) of this standard. [§1915.1024(n)(3)(ii)(C)]
(iii) The employer must ensure that medical records are maintained and made available in accordance with the Records Access standard (29 CFR 1910.1020). [§1915.1024(n)(3)(iii)]
(4) Training. [§1915.1024(n)(4)]
(i) At the completion of any training required by this standard, the employer must prepare a record that indicates the name, social security number, and job classification of each employee trained, the date the training was completed, and the topic of the training. [§1915.1024(n)(4)(i)]
(ii) This record must be maintained for three years after the completion of training. [§1915.1024(n)(4)(ii)]
(5) Access to records. Upon request, the employer must make all records maintained as a requirement of this standard available for examination and copying to the Assistant Secretary, the Director, each employee, and each employee's designated representative(s) in accordance the Records Access standard (29 CFR 1910.1020). [§1915.1024(n)(5)]
(6) Transfer of records. The employer must comply with the requirements involving transfer of records set forth in the Records Access standard (29 CFR 1910.1020). [§1915.1024(n)(6)]
(o)Dates [§1915.1024(o)]
(1) Effective date. This standard shall become effective March 10, 2017. [§1915.1024(o)(1)]
(2) Compliance dates. [1915.1024(o)(2)]
(i) All obligations contained in paragraph (c) of this standard commence and become enforceable on March 12, 2018; and [1915.1024(o)(2)(i)]
(ii) All other obligations of this standard commence and become enforceable on September 30, 2020. [1915.1024(o)(2)(ii)]
[82 FR 2744, Jan. 9, 2017, as amended at 84 FR 51399, Sept. 30, 2019]
§1915.1025
Lead
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1025 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1026
Chromium (VI)
Chromium (VI)
(a) Scope. [§1915.1026(a)]
(1) This standard applies to occupational exposures to chromium (VI) in all forms and compounds in shipyards, marine terminals, and longshoring, except: [§1915.1026(a)(1)]
(2) Exposures that occur in the application of pesticides regulated by the Environmental Protection Agency or another Federal government agency (e.g., the treatment of wood with preservatives); [§1915.1026(a)(2)]
(3) Exposures to portland cement; or [§1915.1026(a)(3)]
(4) Where the employer has objective data demonstrating that a material containing chromium or a specific process, operation, or activity involving chromium cannot release dusts, fumes, or mists of chromium (VI) in concentrations at or above 0.5 μgm/m3 as an 8hour time-weighted average (TWA) under any expected conditions of use. [§1915.1026(a)(4)]
(b) Definitions. For the purposes of this section the following definitions apply: [§1915.1026(b)]
Action level means a concentration of airborne chromium (VI) of 2.5 micrograms per cubic meter of air (2.5 μgm/m3) calculated as an 8-hour time-weighted average (TWA).
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
Chromium (VI) [hexavalent chromium or Cr(VI)] means chromium with a valence of positive six, in any form and in any compound.
Director means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
Emergency means any occurrence that results, or is likely to result, in an uncontrolled release of chromium (VI). If an incidental release of chromium (VI) can be controlled at the time of release by employees in the immediate release area, or by maintenance personnel, it is not an emergency.
Employee exposure means the exposure to airborne chromium (VI) that would occur if the employee were not using a respirator.
High-efficiency particulate air [HEPA] filter means a filter that is at least 99.97 percent efficient in removing mono-dispersed particles of 0.3 micrometers in diameter or larger.
Historical monitoring data means data from chromium (VI) monitoring conducted prior to May 30, 2006, obtained during work operations conducted under workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
Objective data means information such as air monitoring data from industry-wide surveys or calculations based on the composition or chemical and physical properties of a substance demonstrating the employee exposure to chromium (VI) associated with a particular product or material or a specific process, operation, or activity. The data must reflect workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
Physician or other licensed health care professional [PLHCP] is 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 particular health care services required by paragraph (i) of this section.
This section means this §1915.1026 chromium (VI) standard.
(c) Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of chromium (VI) in excess of 5 micrograms per cubic meter of air (5 μgm/m3), calculated as an 8-hour time-weighted average (TWA). [§1915.1026(c)]
(d) Exposure determination — [§1915.1026(d)]
(1) General. Each employer who has a workplace or work operation covered by this section shall determine the 8-hour TWA exposure for each employee exposed to chromium (VI). This determination shall be made in accordance with either paragraph (d)(2) or paragraph (d)(3) of this section. [§1915.1026(d)(1)]
(2) Scheduled monitoring option. [§1915.1026(d)(2)]
(i) The employer shall perform initial monitoring to determine the 8-hour TWA exposure for each employee on the basis of a sufficient number of personal breathing zone air samples to accurately characterize full shift exposure on each shift, for each job classification, in each work area. Where an employer does representative sampling instead of sampling all employees in order to meet this requirement, the employer shall sample the employee(s) expected to have the highest chromium (VI) exposures. [§1915.1026(d)(2)(i)]
(ii) If initial monitoring indicates that employee exposures are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring. [§1915.1026(d)(2)(ii)]
(iii) If monitoring reveals employee exposures to be at or above the action level, the employer shall perform periodic monitoring at least every six months. [§1915.1026(d)(2)(iii)]
(iv) If monitoring reveals employee exposures to be above the PEL, the employer shall perform periodic monitoring at least every three months. [§1915.1026(d)(2)(iv)]
(v) If periodic monitoring indicates that employee exposures are below the action level, and the result is confirmed by the result of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring. [§1915.1026(d)(2)(v)]
(vi) The employer shall perform additional monitoring when there has been any change in the production process, raw materials, equipment, personnel, work practices, or control methods that may result in new or additional exposures to chromium (VI), or when the employer has any reason to believe that new or additional exposures have occurred. [§1915.1026(d)(2)(vi)]
(3) Performance-oriented option. The employer shall determine the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data, historical monitoring data, or objective data sufficient to accurately characterize employee exposure to chromium (VI). [§1915.1026(d)(3)]
(4) Employee notification of determination results. [§1915.1026(d)(4)]
(i) Within 5 work days after making an exposure determination in accordance with paragraph (d)(2) or paragraph (d)(3) of this section, the employer shall individually notify each affected employee in writing of the results of that determination or post the results in an appropriate location accessible to all affected employees. [§1915.1026(d)(4)(i)]
(ii) Whenever the exposure determination indicates that employee exposure is above the PEL, the employer shall describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL. [§1915.1026(d)(4)(ii)]
(5) Accuracy of measurement. Where air monitoring is performed to comply with the requirements of this section, the employer shall use a method of monitoring and analysis that can measure chromium (VI) to within an accuracy of plus or minus 25 percent (±25%) and can produce accurate measurements to within a statistical confidence level of 95 percent for airborne concentrations at or above the action level. [§1915.1026(d)(5)]
(6) Observation of monitoring. [§1915.1026(d)(6)]
(i) Where air monitoring is performed to comply with the requirements of this section, the employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to chromium (VI). [§1915.1026(d)(6)(i)]
(ii) When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures. [§1915.1026(d)(6)(ii)]
(e) Methods of compliance — [§1915.1026(e)]
(1) Engineering and work practice controls. [§1915.1026(e)(1)]
(i) Except as permitted in paragraph (e)(1)(ii) of this section, the employer shall use engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) to or below the PEL unless the employer can demonstrate that such controls are not feasible. Wherever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall use them to reduce employee exposure to the lowest levels achievable, and shall supplement them by the use of respiratory protection that complies with the requirements of paragraph (f) of this section. [§1915.1026(e)(1)(i)]
(ii) Where the employer can demonstrate that a process or task does not result in any employee exposure to chromium (VI) above the PEL for 30 or more days per year (12 consecutive months), the requirement to implement engineering and work practice controls to achieve the PEL does not apply to that process or task. [§1915.1026(e)(1)(ii)]
(2) Prohibition of rotation. The employer shall not rotate employees to different jobs to achieve compliance with the PEL.
[§1915.1026(e)(2)]
§1915.1026
Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
(f) Respiratory protection — [§1915.1026(f)]
(1) General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respiratory protection is required during: [§1915.1026(f)(1)]
(i) Periods necessary to install or implement feasible engineering and work practice controls; [§1915.1026(f)(1)(i)]
(ii) Work operations, such as maintenance and repair activities, for which engineering and work practice controls are not feasible; [§1915.1026(f)(1)(ii)]
(iii) Work operations for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL; [§1915.1026(f)(1)(iii)]
(iv) Work operations where employees are exposed above the PEL for fewer than 30 days per year, and the employer has elected not to implement engineering and work practice controls to achieve the PEL; or [§1915.1026(f)(1)(iv)]
(v) Emergencies. [§1915.1026(f)(1)(v)]
(2) Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with §1910.134, which covers each employee required to use a respirator.
[§1915.1026(f)(2)]
(g) Protective work clothing and equipment — [§1915.1026(g)]
(1) Provision and use. Where a hazard is present or is likely to be present from skin or eye contact with chromium (VI), the employer shall provide appropriate personal protective clothing and equipment at no cost to employees, and shall ensure that employees use such clothing and equipment. [§1915.1026(g)(1)]
(2) Removal and storage. [§1915.1026(g)(2)]
(i) The employer shall ensure that employees remove all protective clothing and equipment contaminated with chromium (VI) at the end of the work shift or at the completion of their tasks involving chromium (VI) exposure, whichever comes first. [§1915.1026(g)(2)(i)]
(ii) The employer shall ensure that no employee removes chromium (VI)-contaminated protective clothing or equipment from the workplace, except for those employees whose job it is to launder, clean, maintain, or dispose of such clothing or equipment. [§1915.1026(g)(2)(ii)]
(iii) When contaminated protective clothing or equipment is removed for laundering, cleaning, maintenance, or disposal, the employer shall ensure that it is stored and transported in sealed, impermeable bags or other closed, impermeable containers. [§1915.1026(g)(2)(iii)]
(iv) The employer shall ensure that bags or containers of contaminated protective clothing or equipment that are removed from change rooms for laundering, cleaning, maintenance, or disposal are labeled in accordance with the requirements of the Hazard Communication Standard, §1910.1200. [§1915.1026(g)(2)(iv)]
(3) Cleaning and replacement. [§1915.1026(g)(3)]
(i) The employer shall clean, launder, repair and replace all protective clothing and equipment required by this section as needed to maintain its effectiveness. [§1915.1026(g)(3)(i)]
(ii) The employer shall prohibit the removal of chromium (VI) from protective clothing and equipment by blowing, shaking, or any other means that disperses chromium (VI) into the air or onto an employee's body. [§1915.1026(g)(3)(ii)]
(iii) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with chromium (VI) of the potentially harmful effects of exposure to chromium (VI) and that the clothing and equipment should be laundered or cleaned in a manner that minimizes skin or eye contact with chromium (VI) and effectively prevents the release of airborne chromium (VI) in excess of the PEL. [§1915.1026(g)(3)(iii)]
(h) Hygiene areas and practices — [§1915.1026(h)]
(1) General. Where protective clothing and equipment is required, the employer shall provide change rooms in conformance with 29 CFR 1910.141. Where skin contact with chromium (VI) occurs, the employer shall provide washing facilities in conformance with 29 CFR 1915.97. Eating and drinking areas provided by the employer shall also be in conformance with §1915.97. [§1915.1026(h)(1)]
(2) Change rooms. The employer shall assure that change rooms are equipped with separate storage facilities for protective clothing and equipment and for street clothes, and that these facilities prevent cross-contamination. [§1915.1026(h)(2)]
(3) Washing facilities. [§1915.1026(h)(3)]
(i) The employer shall provide readily accessible washing facilities capable of removing chromium (VI) from the skin, and shall ensure that affected employees use these facilities when necessary. [§1915.1026(h)(3)(i)]
(ii) The employer shall ensure that employees who have skin contact with chromium (VI) wash their hands and faces at the end of the work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet. [§1915.1026(h)(3)(ii)]
(4) Eating and drinking areas. [§1915.1026(h)(4)]
(i) Whenever the employer allows employees to consume food or beverages at a worksite where chromium (VI) is present, the employer shall ensure that eating and drinking areas and surfaces are maintained as free as practicable of chromium (VI). [§1915.1026(h)(4)(i)]
(ii) The employer shall ensure that employees do not enter eating and drinking areas with protective work clothing or equipment unless surface chromium (VI) has been removed from the clothing and equipment by methods that do not disperse chromium (VI) into the air or onto an employee's body. [§1915.1026(h)(4)(ii)]
(5) Prohibited activities. The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in areas where skin or eye contact with chromium (VI) occurs; or carry the products associated with these activities, or store such products in these areas. [§1915.1026(h)(5)]
(i) Medical surveillance — [§1915.1026(i)]
(1) General. [§1915.1026(i)(1)]
(i) The employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and place, for all employees: [§1915.1026(i)(1)(i)]
[A] Who are or may be occupationally exposed to chromium (VI) at or above the action level for 30 or more days a year; [§1915.1026(i)(1)(i)[A]]
[B] Experiencing signs or symptoms of the adverse health effects associated with chromium (VI) exposure; or [§1915.1026(i)(1)(i)[B]]
[C] Exposed in an emergency. [§1915.1026(i)(1)(i)[C]]
(ii) The employer shall assure that all medical examinations and procedures required by this section are performed by or under the supervision of a PLHCP. [§1915.1026(i)(1)(ii)]
(2) Frequency. The employer shall provide a medical examination: [§1915.1026(i)(2)]
(i) Within 30 days after initial assignment, unless the employee has received a chromium (VI) related medical examination that meets the requirements of this paragraph within the last twelve months; [§1915.1026(i)(2)(i)]
(ii) Annually; [§1915.1026(i)(2)(ii)]
(iii) Within 30 days after a PLHCP's written medical opinion recommends an additional examination; [§1915.1026(i)(2)(iii)]
(iv) Whenever an employee shows signs or symptoms of the adverse health effects associated with chromium (VI) exposure; [§1915.1026(i)(2)(iv)]
(v) Within 30 days after exposure during an emergency which results in an uncontrolled release of chromium (VI); or [§1915.1026(i)(2)(v)]
(vi) At the termination of employment, unless the last examination that satisfied the requirements of paragraph (i) of this section was less than six months prior to the date of termination. [§1915.1026(i)(2)(vi)]
(3) Contents of examination. A medical examination consists of:
[§1915.1026(i)(3)]
(i) A medical and work history, with emphasis on: past, present, and anticipated future exposure to chromium (VI); any history of respiratory system dysfunction; any history of asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status and history; [§1915.1026(i)(3)(i)]
(ii) A physical examination of the skin and respiratory tract; and [§1915.1026(i)(3)(ii)]
(iii) Any additional tests deemed appropriate by the examining PLHCP. [§1915.1026(i)(3)(iii)]
(4) Information provided to the PLHCP. The employer shall ensure that the examining PLHCP has a copy of this standard, and shall provide the following information: [§1915.1026(i)(4)]
(i) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to chromium (VI); [§1915.1026(i)(4)(i)]
(ii) The employee's former, current, and anticipated levels of occupational exposure to chromium (VI); [§1915.1026(i)(4)(ii)]
(iii) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used that equipment; and [§1915.1026(i)(4)(iii)]
(iv) Information from records of employment-related medical examinations previously provided to the affected employee, currently within the control of the employer. [§1915.1026(i)(4)(iv)]
(5) PLHCP's written medical opinion. [§1915.1026(i)(5)]
(i) The employer shall obtain a written medical opinion from the PLHCP, within 30 days for each medical examination performed on each employee, which contains: [§1915.1026(i)(5)(i)]
[A] The PLHCP's opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to chromium (VI); [§1915.1026(i)(5)(i)[A]]
[B] Any recommended limitations upon the employee's exposure to chromium (VI) or upon the use of personal protective equipment such as respirators;
[§1915.1026(i)(5)(i)[B]]
[C] A statement that the PLHCP has explained to the employee the results of the medical examination, including any medical conditions related to chromium (VI) exposure that require further evaluation or treatment, and any special provisions for use of protective clothing or equipment.
[§1915.1026(i)(5)(i)[C]]
(ii) The PLHCP shall not reveal to the employer specific findings or diagnoses unrelated to occupational exposure to chromium (VI). [§1915.1026(i)(5)(ii)]
(iii) The employer shall provide a copy of the PLHCP's written medical opinion to the examined employee within two weeks after receiving it. [§1915.1026(i)(5)(iii)]
(j) Communication of chromium (VI) hazards to employees — [§1915.1026(j)]
(1) Hazard communication. The employer shall include chromium (VI) 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 chromium (VI) and safety data sheets, and is trained in accordance with the provisions of HCS and paragraph (j)(2) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer; skin sensitization; and eye irritation. [§1915.1026(j)(1)]
(2) Employee information and training. [§1915.1026(j)(2)]
(i) The employer shall ensure that each employee can demonstrate knowledge of at least the following: [§1915.1026(j)(2)(i)]
[A] The contents of this section; and [§1915.1026(j)(2)(i)[A]]
[B] The purpose and a description of the medical surveillance program required by paragraph (i) of this section.
[§1915.1026(j)(2)(i)[B]]
(ii) The employer shall make a copy of this section readily available without cost to all affected employees.
[§1915.1026(j)(2)(ii)]
(k) Recordkeeping — [§1915.1026(k)]
(1) Air monitoring data. [§1915.1026(k)(1)]
(i) The employer shall maintain an accurate record of all air monitoring conducted to comply with the requirements of this section. [§1915.1026(k)(1)(i)]
(ii) This record shall include at least the following information:
[§1915.1026(k)(1)(ii)]
[A] The date of measurement for each sample taken; [§1915.1026(k)(1)(ii)[A]]
[B] The operation involving exposure to chromium (VI) that is being monitored; [§1915.1026(k)(1)(ii)[B]]
[C] Sampling and analytical methods used and evidence of their accuracy; [§1915.1026(k)(1)(ii)[C]]
[D] Number, duration, and the results of samples taken; [§1915.1026(k)(1)(ii)[D]]
[E] Type of personal protective equipment, such as respirators worn; and [§1915.1026(k)(1)(ii)[E]]
[F] Name and job classification of all employees represented by the monitoring, indicating which employees were actually monitored. [1915.1026(k)(1)(ii)[F]]
(iii) The employer shall ensure that exposure records are maintained and made available in accordance with 29 CFR 1910.1020. [§1915.1026(k)(1)(iii)]
(2) Historical monitoring data. [§1915.1026(k)(2)]
(i) Where the employer has relied on historical monitoring data to determine exposure to chromium (VI), the employer shall establish and maintain an accurate record of the historical monitoring data relied upon. [§1915.1026(k)(2)(i)]
(ii) The record shall include information that reflects the following conditions: [§1915.1026(k)(2)(ii)]
[A] The data were collected using methods that meet the accuracy requirements of paragraph (d)(5) of this section; [§1915.1026(k)(2)(ii)[A]]
[B] The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which exposure is being determined; [§1915.1026(k)(2)(ii)[B]]
[C] The characteristics of the chromium (VI) containing material being handled when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; [§1915.1026(k)(2)(ii)[C]]
[D] Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; and [§1915.1026(k)(2)(ii)[D]]
[E] Other data relevant to the operations, materials, processing, or employee exposures covered by the exception. [§1915.1026(k)(2)(ii)[E]]
(iii) The employer shall ensure that historical exposure records are maintained and made available in accordance with 29 CFR 1910.1020. [§1915.1026(k)(2)(iii)]
(3) Objective data. [§1915.1026(k)(3)]
(i) The employer shall maintain an accurate record of all objective data relied upon to comply with the requirements of this section. [§1915.1026(k)(3)(i)]
(ii) This record shall include at least the following information: [§1915.1026(k)(3)(ii)]
[A] The chromium containing material in question; [§1915.1026(k)(3)(ii)[A]]
[B] The source of the objective data; [§1915.1026(k)(3)(ii)[B]]
[C] The testing protocol and results of testing, or analysis of the material for the release of chromium (VI); [§1915.1026(k)(3)(ii)[C]]
[D] A description of the process, operation, or activity and how the data support the determination; and [§1915.1026(k)(3)(ii)[D]]
[E] Other data relevant to the process, operation, activity, material, or employee exposures. [§1915.1026(k)(3)(ii)[E]]
(iii) The employer shall ensure that objective data are maintained and made available in accordance with 29 CFR 1910.1020. [§1915.1026(k)(3)(iii)]
(4) Medical surveillance. [§1915.1026(k)(4)]
(i) The employer shall establish and maintain an accurate record for each employee covered by medical surveillance under paragraph (i) of this section. [§1915.1026(k)(4)(i)]
(ii) The record shall include the following information about the employee: [§1915.1026(k)(4)(ii)]
[A] Name; [1915.1026(k)(4)(ii)[A]]
[B] A copy of the PLHCP's written opinions; [§1915.1026(k)(4)(ii)[B]]
[C] A copy of the information provided to the PLHCP as required by paragraph (i)(4) of this section. [§1915.1026(k)(4)(ii)[C]]
(iii) The employer shall ensure that medical records are maintained and made available in accordance with 29 CFR 1910.1020. [§1915.1026(k)(4)(iii)]
(l) Dates. [§1915.1026(l)]
(1) For employers with 20 or more employees, all obligations of this section, except engineering controls required by paragraph (e) of this section, commence November 27, 2006. [§1915.1026(l)(1)]
(2) For employers with 19 or fewer employees, all obligations of this section, except engineering controls required by paragraph (e) of this section, commence May 30, 2007. [§1915.1026(l)(2)]
(3) For all employers, engineering controls required by paragraph (e) of this section shall be implemented no later than May 31, 2010. [§1915.1026(l)(3)]
[71 FR 10378, Feb. 28, 2006, as amended at 73 FR 75587, Dec. 12, 2008; 75 FR 12686, Mar. 17, 2010; 77 FR 17889, Mar. 26, 2012; 84 FR 21597, May 14, 2019]
§1915.1027
Cadmium
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1027 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1028
Benzene
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1028 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1030 Part 1915 - Occupational Safety & Health Standards for Shipyard Employment
§1915.1030
Bloodborne pathogens
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1030 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1050
Methylenedianiline
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1050 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1044
1,2-dibromo-3-chloropropane
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1044 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1052
Methylene chloride
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at 29 CFR 1910.1052.
[62 FR 1619, Jan. 10, 1997]
§1915.1045
Acrylonitrile
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1045 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1053
Respirable crystalline silica.
The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1053 of this chapter.
[81 FR 16875, Mar. 25, 2016]
§1915.1047
Ethylene oxide
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1047 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1200
Hazard communication
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1200 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1048
Formaldehyde
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1048 of this chapter.
[61 FR 31431, June 20, 1996]
§1915.1450
Occupational exposure to hazardous chemicals in laboratories
Note: The requirements applicable to shipyard employment under this section are identical to those set forth at §1910.1450 of this chapter.
[61 FR 31431, June 20, 1996]
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553, as applicable.
Part 1917 – Marine Terminals
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 52007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911.
553.
Subpart A – General Provisions
§1917.1
Scope and applicability
(a) The regulations of this part apply to employment within a marine terminal as defined in §1917.2, including the loading, unloading, movement or other handling of cargo, ship's stores or gear within the terminal or into or out of any land carrier, holding or consolidation area, any other activity within and associated with the overall operation and functions of the terminal, such as the use and routine maintenance of facilities and equipment. All cargo transfer accomplished with the use of shore-based material handling devices shall be regulated by this part. [§1917.1(a)]
(1) The provisions of this part 1917 do not apply to the following: [§1917.1(a)(1)]
(i) Facilities used solely for the bulk storage, handling and transfer of flammable, non-flammable and combustible liquids and gases. [§1917.1(a)(1)(i)]
(ii) Facilities subject to the regulations of the Office of Pipeline Safety Regulation of the Materials Transportation Bureau, Department of Transportation, to the extent such regulations apply. [§1917.1(a)(1)(ii)]
(iii) Fully automated bulk coal handling facilities contiguous to electrical power generating plants. [§1917.1(a)(1)(iii)]
(2) Part 1910 of this chapter does not apply to marine terminals except for the following provisions: [§1917.1(a)(2)]
(i) Abrasive blasting. Subpart G, §1910.94(a); [§1917.1(a)(2)(i)]
(ii) Access to employee exposure and medical records. Subpart Z, §1910.1020; [§1917.1(a)(2)(ii)]
(iii) Commercial diving operations. Subpart T of part 1910; [§1917.1(a)(2)(iii)]
(iv) Electrical. Subpart S of part 1910; [§1917.1(a)(2)(iv)]
(v) Grain handling facilities. Subpart R, §1910.272; [§1917.1(a)(2)(v)]
(vi) Hazard communication. Subpart Z, §1910.1200; [§1917.1(a)(2)(vi)]
(vii) Ionizing radiation. Subpart Z, §1910.1096; [§1917.1(a)(2)(vii)]
(viii) Noise. Subpart G, §1910.95; [§1917.1(a)(2)(viii)]
(ix) Nonionizing radiation. Subpart G, §1910.97; [§1917.1(a)(2)(ix)]
(x) Respiratory protection. Subpart I, §1910.134; [§1917.1(a)(2)(x)]
(xi) Safety requirements for scaffolding. Subpart D, §1910.28; [§1917.1(a)(2)(xi)]
(xii) Servicing multi-piece and single piece rim wheels. Subpart N, §1910.177; [§1917.1(a)(2)(xii)]
(xiii) Toxic and hazardous substances. Subpart Z applies to marine cargo handling activities except for the following: [§1917.1(a)(2)(xiii)]
[A] When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements;1 [§1917.1(a)(2)(xiii)[A]][B] Bloodborne pathogens, §1910.1030; [§1917.1(a)(2)(xiii)[B]]
[C] Carbon monoxide, §1910.1000 (See §1917.24(a)); and [§1917.1(a)(2)(xiii)[C]]
[D] Hydrogen sulfide, §1910.1000 (See §1917.73(a)(2)); and [§1917.1(a)(2)(xiii)[D]]
[E] Hexavalent chromium §1910.1026 (See §1915.1026)
[§1917.1(a)(2)(xiii)[E]] (xiv) Powered industrial truck operator training, Subpart N, §1910.178(1). [§1917.1(a)(2)(xiv)]
Note to paragraph (a)(2)(xiv): The compliance dates of December 1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 for Marine Terminals. (b) Section 1915.1026 applies to any occupational exposures to hexavalent chromium in workplaces covered by this part.
[§1917.1(b)]
[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987; 52 FR 49624, Dec. 31, 1987; 62 FR 40196, July 25, 1997; 63 FR 66274, Dec. 1, 1998; 64 FR 46847, Aug. 27, 1999; 65 FR 40938, June 30, 2000; 71 FR 10381, Feb. 28, 2006]
1.The International Maritime Organization publishes the International Maritime Dangerous Goods Code to aid compliance with the international legal requirements of the International Convention for the Safety of Life at Sea, 1960.
§1917.2 Definitions
Apron means that open portion of a marine terminal immediately adjacent to a vessel berth and used in the direct transfer of cargo between the terminal and vessel. [§1917.2]
Authorized, in reference to an employee's assignment, means selected by the employer for that purpose. [§1917.2]
Cargo door (transit shed door) means a door designed to permit transfer of cargo to and from a marine terminal structure. [§1917.2]
Cargo packaging means any method of containment for shipment, including cases, cartons, crates and sacks, but excluding large units such as intermodal containers, vans or similar devices. [§1917.2]
Confined space means: [§1917.2]
(1) A space having all of the following characteristics: [§1917.2(1)]
(i) Small size; [§1917.2(1)(i)]
(ii) Severely limited natural ventilation; [§1917.2(1)(ii)]
(iii) Capability to accumulate or contain a hazardous atmosphere; [§1917.2(1)(iii)]
(iv) Exits that are not readily accessible; and [§1917.2(1)(iv)]
(v) A design not meant for continuous human occupancy. [§1917.2(1)(v)]
(2) Examples of confined spaces are intermodal tank containers, bailwater tanks and portable tanks. [§1917.2(2)]
Conveyor means a device designed exclusively for transporting bulk materials, packages or objects in a predetermined path and having fixed or selective points of loading or discharge. [§1917.2]
Danger zone means any place in or about a machine or piece of equipment where an employee may be struck by or caught between moving parts, caught between moving and stationary objects or parts of the machine, caught between the material and a moving part of the machine, burned by hot surfaces or exposed to electric shock. Examples of danger zones are nip and shear points, shear lines, drive mechanisms, and areas beneath counterweights. [§1917.2]
Designated person means a person who possesses specialized abilities in a specific area and is assigned by the employer to perform a specific task in that area. [§1917.2]
Dock means a wharf or pier forming all or part of a waterfront facility, including marginal or quayside berthing facilities; not to be confused with “loading dock” as at a transit shed or container freight station, or with the body of water between piers or wharves. [§1917.2]
Dockboards (car and bridge plates) mean devices for spanning short distances between rail cars or highway vehicles and loading platforms that do not expose employees to falls greater than 4 feet (1.22 m). [§1917.2]
Enclosed space means an indoor space, other than a confined space, that may contain or accumulate a hazardous atmosphere due to inadequate natural ventilation. Examples of enclosed spaces are trailers, railcars, and storage rooms. [§1917.2]
Examination, as applied to material handling devices required by this part to be certificated, means a comprehensive survey consisting of the criteria outlined in 29 CFR 1919.71(d) as applicable to the type of gear or device. The examination is supplemented by a unit proof test in the case of a quadrennial survey. [§1917.2]
Flammable atmosphere means an atmosphere containing more than 10 percent of the lower flammable limit of a flammable or combustible vapor or dust mixed with air. [§1917.2]
Front-end attachments. [§1917.2]
(1) As applied to power-operated industrial trucks, means the various devices, such as roll clamps, rotating and sideshifting carriages, magnets, rams, crane arms or booms, load stabilizers, scoops, buckets and dumping bins, attached to the load end for handling lifts as single or multiple units. [§1917.2(1)]
(2) As applied to cranes, means various attachments applied to the basic machine for the performance of functions such as lifting, clamshell or magnet services. [§1917.2(2)]
Fumigant is a substance or mixture of substances, used to kill pests or prevent infestation, which is a gas or is rapidly or progressively transformed to the gaseous state, even though some nongaseous or particulate matter may remain and be dispersed in the treatment space. [§1917.2]
Hazardous cargo, material, substance or atmosphere means: [§1917.2]
(1) Any substance listed in 29 CFR part 1910, subpart Z; [§1917.2(1)]
(2) Any material in the Hazardous Materials Table and Hazardous Materials Communications Regulations of the Department of Transportation, 49 CFR part 172; [§1917.2(2)]
(3) Any article not properly described by a name in the Hazardous Materials Table and Hazardous Materials Communications Regulations of the Department of Transportation, 49 CFR part 172 but
Part 1917 – Marine Terminals
which is properly classified under the definition of those categories of dangerous articles given in 49 CFR Part 173; or [§1917.2(3)]
(4) Any atmosphere with an oxygen content of less than 19.5%.
[§1917.2(4)]
House falls means spans and supporting members, winches, blocks, and standing and running rigging forming part of a marine terminal and used with a vessel's cargo gear to load or unload by means of married falls. [§1917.2]
Inspection, as applied to material handling devices required by this part to be certificated, means a complete visual examination of all visible parts of the device. [§1917.2]
Intermodal container means a reusable cargo container of a rigid construction and rectangular configuration; fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another; so designed to be readily filled and emptied; intended to contain one or more articles of cargo or bulk commodities for transportation by water and one or more other transport modes. The term includes completely enclosed units, open top units, fractional height units, units incorporating liquid or gas tanks and other variations fitting into the container system. It does not include cylinders, drums, crates, cases, cartons, packages, sacks, unitized loads or any other form of packaging. [§1917.2]
Loose gear means removable and replaceable components of equipment or devices which may be used with or as a part of assembled material handling units for purposes such as making connections, changing line direction and multiplying mechanical advantage. Examples are shackles and snatch blocks. [§1917.2]
Marine terminal means wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or adjacent areas and structures associated with the primary movement of cargo or materials from vessel to shore or shore to vessel including structures which are devoted to receiving, handling, holding, consolidating and loading or delivery of waterborne shipments or passengers, including areas devoted to the maintenance of the terminal or equipment. The term does not include production or manufacturing areas nor does the term include storage facilities directly associated with those production or manufacturing areas. [§1917.2]
Ramps mean other flat-surface devices for passage between levels and across openings not covered under “dockboards.” [§1917.2]
Ship's stores means materials that are aboard a vessel for the upkeep, maintenance, safety, operation, or navigation of the vessel, or for the safety or comfort of the vessel's passengers or crew.
[§1917.2]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40196, July 25, 1997; 65 FR 40938, June 30, 2000; 76 FR 33610, June 8, 2011] §1917.3
Incorporation by reference
(a) (1) The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. Only the mandatory provisions (i.e. provisions containing the word “shall” or other mandatory language) of standards incorporated by reference are adopted as standards under the Occupational Safety and Health Act. [§1917.3(a)(1)]
(2) The standards listed in paragraph (b) of this section are incorporated by reference in the corresponding sections noted as the sections exist on the date of the approval, and a notice of any change in these standards will be published in the Federal Register. The Director of the Federal Register approved these incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. [§1917.3(a)(2)]
(3) Any changes in the standards incorporated by reference in this part and an official historic file of such changes are available for inspection in the Docket Office at the national office of the Occupational Safety and Health Administration, U.S. Department of Labor, Washington, DC 20910; telephone: 202-6932350 (TTY number: 877-889-5627). [§1917.3(a)(3)]
(4) Copies of standards listed in this section and issued by private standards organizations are available for purchase from the issuing organizations at the addresses or through the other contact information listed below for these private standards organizations. In addition, these standards are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, telephone: 202-741-6030, or go to http:// www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, the material is available for inspection at any Regional Office of the Occupational Safety and Health Administration (OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; telephone: 202693-2350 (TTY number: 877-889-5627). [§1917.3(a)(4)]
(b) Except as noted, copies of the standards listed below in this paragraph are available for purchase from the American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://www.ansi.org [§1917.3(b)]
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; IBR approved for §1917.119(c). [§1917.3(b)(1)]
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders; IBR approved for §1917.119(c). [§1917.3(b)(2)]
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic Ladders; IBR approved for §1917.119(c). [§1917.3(b)(3)]
(4) ANSI Z41-1999, American National Standard for Personal Protection — Protective Footwear; IBR approved for §1917.94(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708285-0797; Web site: http://www.nsc.org. [§1917.3(b)(4)]
(5) ANSI Z41-1991, American National Standard for Personal Protection — Protective Footwear; IBR approved for §1917.94(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708285-0797; Web site: http://www.nsc.org. [§1917.3(b)(5)]
(6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, Approved April 13, 2010; IBR approved for §1917.91(a). Copies are available for purchase from: [§1917.3(b)(6)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [§1917.3(b)(6)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [§1917.3(b)(6)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [§1917.3(b)(6)(iii)]
(7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, Approved April 13, 2010; IBR approved for §1917.91(a). Copies available for purchase from the: [§1917.3(b)(7)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [§1917.3(b)(7)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [§1917.3(b)(7)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [§1917.3(b)(7)(iii)]
(8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, Reaffirmation approved January 4, 1999; IBR approved for §1917.91(a). Copies are available for purchase from: [§1917.3(b)(8)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [§1917.3(b)(8)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [§1917.3(b)(8)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [§1917.3(b)(8)(iii)]
(9) American National Standards Institute (ANSI) Z89.1-2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for §1917.93(b)(1)(i). Copies of ANSI Z89.1-2009 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org. [§1917.3(b)(9)]
(10) American National Standards Institute (ANSI) Z89.1-2003, American National Standard for Industrial Head Protection; IBR approved for §1917.93(b)(1)(ii). Copies of ANSI Z89.1-2003 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209- 1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org. [§1917.3(b)(10)]
(11) American National Standards Institute (ANSI) Z89.1-1997, American National Standard for Personnel Protection — Protective Headwear for Industrial Workers — Requirements; IBR
approved for §1917.93(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org. [§1917.3(b)(11)]
(12) ASME B56.1, 1959, Safety Code for Powered Industrial Trucks, pages 8 and 13; IBR approved for §1917.50(j)(1). [§1917.3(b)(12)]
(c) Copies of the following standards are available for purchase from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http:// www.astm.org: [§1917.3(c)]
(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR approved for §1917.94(b)(1)(i). [§1917.3(c)(1)]
(2) ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear; IBR approved for §1917.94(b)(1)(i). [§1917.3(c)(2)]
[62 FR 40196, July 25, 1997, as amended at 65 FR 40938, June 30, 2000; 69 FR 18803, Apr. 9, 2004; 74 FR 46358, Sept. 9, 2009; 77 FR 37599, June 22, 2012; 81 FR 16091, Mar. 25, 2016]
§1917.4
OMB control numbers under the Paperwork Reduction Act
The following list identifies the 29 CFR citations for sections or paragraphs in this part that contain a collection of information requirement approved by the Office of Management and Budget (OMB). The list also provides the control number assigned by OMB to each approved requirement; control number 1218-0196 expires on May 31, 2002 and control number 1218-0003 expires on July 31, 2001. The list follows:
1917.17(n)1218-01961917.50(c)(1)1218-0003
1917.17(o) 1218-0196 1917.50(c)(3) 1218-0003
1917.23(b)(1)1218-01961917.50(c)(4)(i)1218-0003
1917.23(b)(2) 1218-0196 1917.50(c)(5)(ii) 1218-0003
1917.23(d)(4)1218-01961917.50(c)(5)(iii)1218-0003
1917.24(b) 1218-0196 1917.50(e) 1218-0003
1917.24(d)1218-01961917.50(g)(1)1218-0003
1917.25(a) 1218-0196 1917.50(h) 1218-0003
1917.25(b)1218-01961917.71(a)1218-0196
1917.25(c) 1218-0196 1917.71(b)(2)(i) 1218-0196
1917.25(f)1218-01961917.71(b)(2)(ii)1218-0196
1917.26(d)(7) 1218-0196 1917.71(b)(6)(ii) 1218-0196
1917.30(a)(1)1218-01961917.71(f)(4)1218-0196
1917.30(a)(5)(iii) 1218-0196 1917.111(b) 1218-0196
1917.42(b)(1)1218-01961917.1131218-0196
1917.42(b)(4) 1218-0196 1917.115(c) 1218-0196
1917.42(c)(1)1218-01961917.116(e)1218-0196
1917.42(d)(1) 1218-0196 1917.116(g) 1218-0196
1917.42(g)(3)1218-00031917.117(a)1218-0196
1917.42(h)(1) 1218-0196 1917.117(b) 1218-0196
1917.42(h)(4)1218-00031917.117(d)1218-0196
1917.42(h)(5) 1218-0196 1917.117(e) 1218-0196
1917.44(e)1218-01961917.117(f)1218-0196
1917.44(h) 1218-0196 1917.117(l) 1218-0196
1917.45(f)(1)(i)1218-01961917.118(e)(4)(i)1218-0196
1917.45(f)(4)(iv) 1218-0196 1917.119(e) 1218-0196
1917.45(f)(6)1218-01961917.122(a)1218-0196
1917.45(g)(2) 1218-0196 1917.122(b) 1218-0196
1917.45(g)(3)(iii)1218-01961917.128(b)(1)-(b)(4)1218-0196
1917.45(g)(8) 1218-0196 1917.151(e)(5) 1218-0196
1917.45(k)(1)1218-01961917.152(d)(2)(v)1218-0196
1917.45(k)(4) 1218-0196 1917.152(d)(2)(vi) 1218-0196
1917.46(a)(1)(v)1218-0196
[64 FR 61505, Nov. 12, 1999]
§1917.5
Compliance duties owed to each employee
(a)Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation.
[§1917.5(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. [§1917.5(b)]
[73 FR 75587, Dec. 12, 2008]
Subpart B – Marine Terminal Operations
§1917.11
Housekeeping
(a) Active work areas shall be kept free of equipment and materials not in use, and clear of debris, projecting nails, strapping and other sharp objects not necessary for the work in progress.
[§1917.11(a)]
(b) Hatch beams, covers and pontoons placed in terminal working areas shall be stowed in stable piles with beams secured against tipping or falling. Alternatively, beams may be laid on their sides. When beams and pontoons are stowed in tiers more than one high, dunnage or other suitable material shall be used under and between tiers. [§1917.11(b)]
(c) Cargo and material shall not obstruct access to vessels, cranes, vehicles or buildings. Means of access and egress within buildings shall be similarly unobstructed. [§1917.11(c)]
(d) Dunnage, lumber, or shoring material in which there are visibly protruding nails shall be removed from the immediate work area or if left in the area, the nails shall be rendered harmless.
[§1917.11(d)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40196, July 25, 1997]
§1917.12
Slippery conditions
The employer shall eliminate, to the extent possible, conditions causing slippery working and walking surfaces in immediate work areas used by employees.
§1917.13
Slinging
(a) Drafts shall be safely slung before being hoisted. Loose dunnage or debris hanging or protruding from loads shall be removed. [§1917.13(a)]
(b) Bales of cotton, wool, cork, wood pulp, gunny bags or similar articles shall be hoisted only by straps strong enough to support the weight of the bale. At least two hooks, each in a separate strap, shall be used. [§1917.13(b)]
(c) Unitized loads bound by bands or straps may be hoisted by the banding or strapping only if the banding or strapping is suitable for hoisting and is strong enough to support the weight of the load.
[§1917.13(c)]
(d) Additional means of hoisting shall be employed to ensure safe lifting of unitized loads having damaged banding or strapping.
[§1917.13(d)]
(e) Case hooks shall be used only with cases designed to be hoisted by these hooks. [§1917.13(e)]
(f) Loads requiring continuous manual guidance during handling shall be guided by guide ropes (tag lines) that are long enough to control the load. [§1917.13(f)]
(g) Intermodal containers shall be handled in accordance with §1917.71(f). [§1917.13(g)]
(h) The employer shall require employees to stay clear of the area beneath overhead drafts or descending lifting gear.
[§1917.13(h)]
(i) Employees shall not be permitted to ride the hook or the load.
[§1917.13(i)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997]
§1917.14
Stacking of cargo and pallets
Cargo, pallets and other material stored in tiers shall be stacked in such a manner as to provide stability against sliding and collapse.
§1917.15
Coopering
Repair and reconditioning of damaged or leaking cargo packaging (coopering) shall be performed so as not to endanger employees.
§1917.16
Line handling. (See also §1917.95(b))
(a) In order to provide safe access for handling lines while mooring and unmooring vessels, cargo or material shall not be stowed or vehicles placed where they obstruct the work surface to be used. [§1917.16(a)]
(b) When stringpiece or apron width is insufficient for safe footing, grab lines or rails shall be installed on the sides of permanent structures. (“Stringpiece” means a narrow walkway between the water edge of a berth and a shed or other structure.) [§1917.16(b)]
§1917.17
Railroad facilities
(a) Work shall be performed in railcars only if floors of the railcars are in visibly safe condition for the work activity being conducted and equipment being used. [§1917.17(a)]
(b) A route shall be established to allow employees to pass to and from places of employment without passing under, over or through railcars, or between cars less than 10 feet (3 m) apart on the same track. [§1917.17(b)]
(c) The employer shall direct that no employees remain in railcars after work is concluded. [§1917.17(c)]
(d) Railcars shall be chocked or otherwise prevented from moving: [§1917.17(d)]
(1) While dockboards or carplates are in position; or [§1917.17(d)(1)]
(2) While employees are working within, on or under the railcars or near the tracks at the ends of the cars. [§1917.17(d)(2)]
(e) When employees are working in, on, or under a railcar, positive means shall be taken to protect them from exposure to impact from moving railcars. [§1917.17(e)]
(f) Before cars are moved, unsecured and overhanging stakes, wire straps, banding and similar objects shall be removed or placed so as not to create hazards. [§1917.17(f)]
(g) The employer shall institute all necessary controls during railcar movement to safeguard personnel. If winches or capstans are employed for movement, employees shall stand clear of the hauling rope and shall not stand between the rope and the cars. [§1917.17(g)]
(h) Before being opened fully, doors shall be opened slightly to ensure that the load has not shifted during transit. Special precautions shall be taken if the doors being opened are visibly damaged. [§1917.17(h)]
(i) If powered industrial trucks are used to open railcar doors, the trucks or the railcar doors shall be equipped with door opening attachments. Employees shall stand clear of the railcar doors while they are being opened and closed. [§1917.17(i)]
(j) Only railcar door openers or powered industrial trucks equipped with door opening attachments shall be used to open jammed doors. [§1917.17(j)]
(k) Employees shall not remain in or on gondolas or flat cars when drafts that create overhead, caught-in, caught-between or struck-by hazards are being landed in or on the railcar; end gates, if raised, shall be secured. [§1917.17(k)]
(l) Operators of railcar dumps shall have an unrestricted view of dumping operations and shall have emergency means of stopping movement. [§1917.17(l)]
(m) Recessed railroad switches shall be enclosed to provide a level surface. [§1917.17(m)]
(n) Warning signs shall be posted where doorways open onto tracks, at blind corners and at similar places where vision may be restricted. [§1917.17(n)]
(o) Warning signs shall be posted if insufficient clearance for personnel exists between railcars and structures. [§1917.17(o)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997]
§1917.18
Log handling
(a) The employer shall ensure that structures (bunks) used to contain logs have rounded corners and rounded structural parts to avoid sling damage. [§1917.18(a)]
(b) Two or more binders or equivalently safe means of containment shall remain on logging trucks and railcars to secure logs during movement of the truck or car within the terminal. During
unloading, logs shall be prevented from moving while binders are being removed. [§1917.18(b)]
(c) Logs shall be hoisted by two slings or by other gear designed for safe hoisting. [§1917.18(c)]
(d) Logs placed adjacent to vehicle curbs on the dock shall not be over one tier high unless placed in bunks or so stacked as not to roll or otherwise create a hazard to employees. [§1917.18(d)]
(e) Before logs are slung up from the dock, they shall be stably supported to prevent spreading and to allow passage of slings beneath the load. When bunks or similar retaining devices are used, no log shall be higher than the stanchions or retaining members of the device. [§1917.18(e)]
§1917.19
Movement of barges and railcars
Barges and railcars shall not be moved by cargo runners (running rigging) from vessel cargo booms, cranes or other equipment not suitable for the purpose.
§1917.20
Interference with communications
Cargo handling operations shall not be carried on when noise-producing, maintenance, construction or repair work interferes with the communication of warnings or instructions.
[62 FR 40197, July 25, 1997]
§1917.21
Open fires
Open fires and fires in drums or similar containers are prohibited. §1917.22
Hazardous cargo2 (See §1917.2(p))
(a) Before cargo handling operations begin, the employer shall ascertain whether any hazardous cargo is to be handled and shall determine the nature of the hazard. The employer shall inform employees of the nature of any hazard and any special precautions to be taken to prevent employee exposure, and shall instruct employees to notify him of any leaks or spills. [§1917.22(a)]
(b) All hazardous cargo shall be slung and secured so that neither the draft nor individual packages can fall as a result of tipping the draft or slacking of the supporting gear. [§1917.22(b)]
(c) If hazardous cargo is spilled or if its packaging leaks, employees shall be removed from the affected area until the employer has ascertained the specific hazards, provided any equipment, clothing and ventilation and fire protection equipment necessary to eliminate or protect against the hazard, and has instructed cleanup employees in a safe method of cleaning up and disposing of a spill and handling and disposing of leaking containers. Actual cleanup or disposal work shall be conducted under the supervision of a designated person. [§1917.22(c)]
§1917.23
Hazardous atmospheres and substances
(see also §1917.2 Hazardous cargo, material, substance or atmosphere)
(a) Purpose and scope. This section covers areas in which the employer is aware that a hazardous atmosphere or substance may exist, except where one or more of the following sections apply: §1917.22 Hazardous cargo; §1917.24 Carbon monoxide; §1917.25 Fumigants, pesticides, insecticides and hazardous preservatives; §1917.73 Terminal facilities handling menhaden and similar species of fish; §1917.152 Welding, cutting, and heating (hot work); and §1917.153 Spray painting. [§1917.23(a)]
(b) Determination of hazard. [§1917.23(b)]
(1) When the employer is aware that a room, building, vehicle, railcar, or other space contains or has contained a hazardous atmosphere, a designated and appropriately equipped person shall test the atmosphere before employee entry to determine whether a hazardous atmosphere exists. [§1917.23(b)(1)]
(2) Records of results of any tests required by this section shall be maintained for at least thirty (30) days. [§1917.23(b)(2)]
(c) Testing during ventilation. When mechanical ventilation is used to maintain a safe atmosphere, tests shall be made by a designated person to ensure that the atmosphere is not hazardous.
[§1917.23(c)]
(d) Entry into hazardous atmospheres. Only designated persons shall enter hazardous atmospheres, in which case the following shall apply: [§1917.23(d)]
2.The Department of Transportation and the United States Coast Guard apply requirements related to handling, storing and transportation of hazardous cargo (see 33 CFR part 126, 46 CFR, 49 CFR).
(1) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of subpart E of this part; [§1917.23(d)(1)]
(2) Persons entering a space containing a hazardous atmosphere shall be instructed in the nature of the hazard, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such space; [§1917.23(d)(2)]
(3) Except for emergency or rescue operations, employees shall not enter into any atmosphere which has been identified as flammable or oxygen deficient (less than 19.5% oxygen). Persons who may be required to enter flammable or oxygen deficient atmospheres in emergency operations shall be instructed in the dangers attendant to those atmospheres and instructed in the use of self-contained breathing apparatus, which shall be utilized. [§1917.23(d)(3)]
(4) To prevent inadvertent employee entry into spaces that have been identified as having hazardous, flammable or oxygen deficient atmospheres, appropriate warning signs or equivalent means shall be posted at all means of access to those spaces.
[§1917.23(d)(4)]
(e) When the packaging of asbestos cargo leaks, spillage shall be cleaned up by designated employees protected from the harmful effects of asbestos as required by §1910.1001 of this chapter.
[§1917.23(e)]
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997; 65 FR 40938, June 30, 2000] §1917.24
Carbon monoxide
(a) Exposure limits. The carbon monoxide content of the atmosphere in a room, building, vehicle, railcar, or any enclosed space shall be maintained at not more than 50 parts per million (ppm) (0.005%) as an eight hour average area level and employees shall be removed from the enclosed space if the carbon monoxide concentration exceeds a ceiling of 100 ppm (0.01%). [§1917.24(a)]
(b) Testing. Tests to determine carbon monoxide concentration shall be made when necessary to ensure that employee exposure does not exceed the limits specified in paragraph (a) of this section.
[§1917.24(b)]
(c) Instrumentation. Tests for carbon monoxide concentration shall be made by designated persons using gas detector tube units certified by NIOSH under 30 CFR part 11 or other measuring instruments whose accuracy is as great or greater. [§1917.24(c)]
(d) Records. A record of the date, time, location and results of carbon monoxide tests shall be available for at least thirty (30) days.
[§1917.24(d)]
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997]
§1917.25
Fumigants, pesticides, insecticides and hazardous preservatives (see also §1917.2 Hazardous cargo, material, substance or atmosphere)
(a) At any time that the concentration in any space reaches the level specified as hazardous by the fumigant manufacturer or by Table Z-1 of 29 CFR 1910.1000, whichever is lower, all employees shall be removed from the space and shall not be permitted to reenter until such time as tests demonstrate that the atmosphere is safe. [§1917.25(a)]
(b) Tests to determine the atmospheric concentration of chemicals used to treat cargo shall be: [§1917.25(b)]
(1) Appropriate for the hazard involved; [§1917.25(b)(1)]
(2) Conducted by designated persons; and [§1917.25(b)(2)]
(3) Performed at the intervals necessary to ensure that employee exposure does not exceed the permissible exposure limit for the chemical involved. [§1917.25(b)(3)]
(c) Results of any tests shall be available for at least 30 days. Such records may be entered on any retrievable medium, and shall be available for inspection. [§1917.25(c)]
(d) Chemicals shall only be applied to cargoes by designated persons. [§1917.25(d)]
(e) Only designated persons shall enter hazardous atmospheres, in which case the following provisions apply. [§1917.25(e)]
(1) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of subpart E of this part; and [§1917.25(e)(1)]
(2) Persons entering a space containing a hazardous atmosphere shall be instructed in the nature of the hazard, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed,
shall continuously monitor the activity of employees within such a space. [§1917.25(e)(2)]
(f) Signs shall be clearly posted where fumigants, pesticides or hazardous preservatives have created a hazardous atmosphere. These signs shall note the danger, identify specific chemical hazards, and give appropriate information and precautions, including instructions for the emergency treatment of employees affected by any chemical in use. [§1917.25(f)]
(g) In the case of containerized shipments of fumigated tobacco, the contents of the container shall be aerated by opening the container doors for a period of 48 hours after the completion of fumigation and prior to loading. When tobacco is within shipping cases having polyethylene or similar bag liners, the aeration period shall be 72 hours. The employer shall obtain a written warranty from the fumigation facility stating that the appropriate aeration period has been met. [§1917.25(g)]
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997]
§1917.26
First aid and lifesaving facilities
(a) Employers shall instruct employees to report every injury, regardless of severity, to the employer. [§1917.26(a)]
(b) A first aid kit shall be available at the terminal, and at least one person holding a valid first aid certificate shall be at the terminal when work is in progress. [§1917.26(b)]
(c) First aid kit. First aid kits shall be weatherproof and shall contain individual sealed packages for each item that must be kept sterile. The contents of each kit shall be determined by a person certified in first aid and cognizant of the hazards found in marine cargo handling operations. The contents shall be checked at intervals that allow prompt replacement of expended items. [§1917.26(c)]
(d) Stretchers. [§1917.26(d)]
(1) There shall be available for each vessel being worked one Stokes basket stretcher, or its equivalent, permanently equipped with bridles for attaching to the hoisting gear.
[§1917.26(d)(1)]
(2) Stretchers shall be kept close to vessels and shall be positioned to avoid damage to the stretcher. [§1917.26(d)(2)]
(3) A blanket or other suitable covering shall be available.
[§1917.26(d)(3)]
(4) Stretchers shall have at least four sets of effective patient restraints in operable condition. [§1917.26(d)(4)]
(5) Lifting bridles shall be of adequate strength, capable of lifting 1,000 pounds (454 kg) with a safety factor of five, and shall be maintained in operable condition. Lifting bridles shall be provided for making vertical patient lifts at container berths. Stretchers for vertical lifts shall have foot plates. [§1917.26(d)(5)]
(6) Stretchers shall be maintained in operable condition. Struts and braces shall be inspected for damage. Wire mesh shall be secured and have no burrs. Damaged stretchers shall not be used until repaired. [§1917.26(d)(6)]
(7) Stretchers in permanent locations shall be mounted to prevent damage and shall be protected from the elements if located out-of-doors. If concealed from view, closures shall be marked to indicate the location of the life saving equipment.
[§1917.26(d)(7)]
(e) Telephone or equivalent means of communication shall be readily available. [§1917.26(e)]
(f) A U.S. Coast Guard approved 30-inch (76.2 cm) life ring, with at least 90 feet (27.43m) of line attached, shall be available at readily accessible points at each waterside work area where the employees' work exposes them to the hazard of drowning. Employees working on any bridge or structure leading to a detached vessel berthing installation shall wear U.S. Coast Guard approved personal flotation devices except where protected by railings, nets, or safety belts and lifelines. A readily available portable or permanent ladder giving access to the water shall also be provided within 200 feet (61 m) of such work areas. [§1917.26(f)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65 FR 40938, June 30, 2000]
§1917.27
Personnel
(a) Qualifications of machinery operators. [§1917.27(a)]
(1) Only those employees determined by the employer to be competent by reason of training or experience, and who understand the signs, notices and operating instructions and are familiar with the signal code in use shall be permitted to operate a crane, winch or other power operated cargo handling apparatus, or any power operated vehicle, or give signals to the operator of any hoisting apparatus. Exception: Employees being trained and supervised by a designated person may operate such machinery and give signals to operators during training.
[§1917.27(a)(1)]
§1917.28
Part 1917 – Marine Terminals
(2) No employee known to have defective uncorrected eyesight or hearing, or to be suffering from heart disease, epilepsy, or similar ailments that may suddenly incapacitate the employee, shall be permitted to operate a crane, winch or other power-operated cargo handling apparatus or a power-operated vehicle.
[§1917.27(a)(2)]
Note to paragraph (a)(2): OSHA is defining suddenly incapacitating medical ailments consistent with the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in accordance with the employment provisions (Title I) of the ADA (42 U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part 1630), and the Technical Assistance Manual for Title I issued by the Equal Employment Opportunity Commission (Publication number: EEOC — M1A), will be considered as being in compliance with this paragraph.
(b) Supervisory accident prevention proficiency. [§1917.27(b)]
(1) After October 3, 1985 immediate supervisors of cargo-handling operations of more than five (5) persons shall satisfactorily complete a course in accident prevention. Employees newly assigned to supervisory duties after that date shall be required to meet the provisions of this paragraph within ninety (90) days of such assignment. [§1917.27(b)(1)]
(2) The course shall consist of instruction suited to the particular operations involved.3 [§1917.27(b)(2)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65 FR 40938, June 30, 2000]
§1917.28
Hazard communication (See also §1917.1(a)(2)(vi))
§1917.29
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. [§1917.29(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. [§1917.29(b)]
(c) Markings, placards and labels shall be maintained in a manner that ensures that they are readily visible. [§1917.29(c)]
(d) For non-bulk packages which will not be reshipped, the provisions of this section are met if a label or other acceptable marking is affixed in accordance with the Hazard Communication Standard (29 CFR 1910.1200). [§1917.29(d)]
(e) For the purposes of this section, the term “hazardous material” and any other terms not defined in this section have the same definition as in the Hazardous Materials Regulations (49 CFR parts 171 through 180). [§1917.29(e)]
[59 FR 36700, July 19, 1994]
§1917.30
Emergency action plans
(a) Emergency action plans
[§1917.30(a)]
(1) Scope and application. This paragraph (a) requires all employers to develop and implement an emergency action plan.4 The emergency action plan shall be in writing (except as provided in paragraph (a)(5)(iv) of this section) and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies. [§1917.30(a)(1)]
(2) Elements. The following elements, at a minimum, shall be included in the plan: [§1917.30(a)(2)]
(i) Emergency escape procedures and emergency escape route assignments; [§1917.30(a)(2)(i)]
(ii) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate; [§1917.30(a)(2)(ii)]
(iii) Procedures to account for all employees after emergency evacuation has been completed; [§1917.30(a)(2)(iii)]
(iv) Rescue and medical duties for those employees who are to perform them; [§1917.30(a)(2)(iv)]
3.The following are recommended topics: (i) Safety responsibility and authority; (ii) elements of accident prevention; (iii) attitudes, leadership and motivation; (iv) hazards of longshoring, including peculiar local circumstances; (v) hazard identification and elimination; (vi) applicable regulations; and (vii) accident investigations.
4.When an employer directs his employees to respond to an emergency that is beyond the scope of the Emergency Action Plan developed in accordance with this section, then §1910.120(q) of this chapter shall apply.
(v) The preferred means of reporting fires and other emergencies; and [§1917.30(a)(2)(v)]
(vi) Names or regular job titles of persons or departments that can be contacted for further information or explanation of duties under the plan. [§1917.30(a)(2)(vi)]
(3) Alarm system. The employer shall establish an employee alarm system that provides warning for necessary emergency action and for reaction time for safe escape of employees from the workplace or the immediate work area. [§1917.30(a)(3)]
(4) Evacuation. The employer shall establish the types of evacuation to be used in emergency circumstances. [§1917.30(a)(4)]
(5) Training. [§1917.30(a)(5)]
(i) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees. [§1917.30(a)(5)(i)]
(ii) The employer shall review the plan with each employee covered by the plan at the following times: [§1917.30(a)(5)(ii)]
[A] Initially when the plan is developed; [§1917.30(a)(5)(ii)[A]]
[B] Whenever the employee's responsibilities or designated actions under the plan change; and [§1917.30(a)(5)(ii)[B]]
[C] Whenever the plan is changed. [§1917.30(a)(5)(ii)[C]]
(iii) The employer shall review with each employee upon initial assignment those parts of the plan that the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and be made available for employee review. [§1917.30(a)(5)(iii)]
(iv) Employers with 10 or fewer employees may communicate the plan orally to employees and need not maintain a written plan [§1917.30(a)(5)(iv)]
(b) [Reserved] [§1917.30(b)]
[62 FR 40198, July 25, 1997, as amended at 65 FR 40938, June 30, 2000]
Subpart C – Cargo Handling Gear and Equipment
§1917.41
House falls
(a) Span beams shall be secured to prevent accidental dislodgement. [§1917.41(a)]
(b) A safe means of access shall be provided for employees working with house fall blocks. [§1917.41(b)]
(c) Designated employees shall inspect chains, links, shackles, swivels, blocks and other loose gear used in house fall operations before each day's use. Defective gear shall not be used. [§1917.41(c)]
§1917.42
Miscellaneous auxiliary gear
(a) Routine inspection. [§1917.42(a)]
(1) At the completion of each use, loose gear such as slings, chains, bridles, blocks and hooks shall be so placed as to avoid damage to the gear. Loose gear shall be inspected and any defects corrected before reuse. [§1917.42(a)(1)]
(2) All loose gear shall be inspected by the employer or his authorized representative before each use and, when necessary, at intervals during its use, to ensure that it is safe. Any gear which is found upon such inspection to be visibly unsafe shall not be used until it is made safe. [§1917.42(a)(2)]
(3) Defective gear shall not be used. Distorted hooks, shackles or similar gear shall be discarded. [§1917.42(a)(3)]
(b) Wire rope and wire rope slings. [§1917.42(b)]
(1) The employer shall ascertain and adhere to the manufacturer's recommended ratings for wire rope and wire rope slings and shall have such ratings available for inspection. When the manufacturer is unable to supply such ratings, the employer shall use the tables for wire rope and wire rope slings found in American National Safety Standard for Slings, ANSI B30.9-1971. A design safety factor of at least five shall be maintained for the common sizes of running wire used as falls, in purchases or in such uses as light load slings. Wire rope with a safety factor of less than five may be used only: [§1917.42(b)(1)]
(i) In specialized equipment, such as but not limited to cranes, designed to be used with lesser wire rope safety factors; [§1917.42(b)(1)(i)]
(ii) In accordance with design factors in standing rigging applications; or [§1917.42(b)(1)(ii)]
(iii) For heavy lifts or other purposes for which a safety factor of five is impracticable and for which the employer can demonstrate that equivalent safety is ensured. [§1917.42(b)(1)(iii)]
(2) Wire rope or wire rope slings having any of the following conditions shall not be used: [§1917.42(b)(2)]
(i) Ten randomly distributed broken wires in one rope lay or three or more broken wires in one strand in one rope lay; [§1917.42(b)(2)(i)]
(ii) Kinking, crushing, bird caging or other damage resulting in distortion of the wire rope structure; [§1917.42(b)(2)(ii)]
(iii) Evidence of heat damage; [§1917.42(b)(2)(iii)]
(iv) Excessive wear or corrosion, deformation or other defect in the wire or attachments, including cracks in attachments; [§1917.42(b)(2)(iv)]
(v) Any indication of strand or wire slippage in end attachments; or [§1917.42(b)(2)(v)]
(vi) More than one broken wire in the close vicinity of a socket or swaged fitting. [§1917.42(b)(2)(vi)]
(3) Protruding ends of strands in splices on slings and bridles shall be covered or blunted. Coverings shall be removable so that splices can be examined. Means used to cover or blunt ends shall not damage the wire. [§1917.42(b)(3)]
(4) Where wire rope clips are used to form eyes, the employer shall adhere to the manufacturers' recommendations, which shall be made available for inspection. If “U” bolt clips are used and the manufacturers' recommendations are not available, Table C-1 shall be used to determine the number and spacing of the clips. “U” bolts shall be applied with the “U” section in contact with the dead end of the rope. [§1917.42(b)(4)]
three inches or more in circumference, the size of the synthetic rope shall be determined from the formula:
[§1917.42(d)(2)(i)]
C = ±0.6Cs2 + 0.4Cm2
Where
C = the required circumference of the synthetic rope in inches,
Cs= the circumference to the nearest one-quarter inch of a synthetic rope having a breaking strength not less than that of the size fiber rope that is required by paragraph (c) of this section and
Cm= the circumference of the fiber rope in inches that is required by paragraph (c) of this section.
(ii) In making such substitution, it shall be ascertained that the inherent characteristics of the synthetic fiber are suitable for hoisting. [§1917.42(d)(2)(ii)]
(e) Removal of natural and synthetic rope from service. Natural and synthetic rope having any of the following defects shall be removed from service: [§1917.42(e)]
(1) Abnormal wear; [§1917.42(e)(1)]
(2) Powdered fiber between strands; [§1917.42(e)(2)]
(3) Sufficient cut or broken fibers to affect the capability of the rope; [§1917.42(e)(3)]
(4) Variations in the size or roundness of strands; [§1917.42(e)(4)]
(5) Discolorations other than stains not associated with rope damage; [§1917.42(e)(5)]
(6) Rotting; or [§1917.42(e)(6)]
(7) Distortion or other damage to attached hardware. [§1917.42(e)(7)]
(f) Thimbles. Properly fitting thimbles shall be used where any rope is secured permanently to a ring, shackle or attachment, where practicable. [§1917.42(f)]
(g) Synthetic web slings. [§1917.42(g)]
(1) Slings and nets or other combinations of more than one piece of synthetic webbing assembled and used as a single unit (synthetic web slings) shall not be used to hoist loads in excess of the sling's rated capacity. [§1917.42(g)(1)]
(2) Synthetic web slings shall be removed from service if they exhibit any of the following defects: [§1917.42(g)(2)]
(i) Acid or caustic burns; [§1917.42(g)(2)(i)]
(ii) Melting or charring of any part of the sling surface; [§1917.42(g)(2)(ii)]
(iii) Snags, punctures, tears or cuts; [§1917.42(g)(2)(iii)]
(iv) Broken or worn stitches; or [§1917.42(g)(2)(iv)]
(v) Distortion or damage to fittings. [§1917.42(g)(2)(v)]
(vi) Display of visible warning threads or markers designed to indicate excessive wear or damage. [§1917.42(g)(2)(vi)]
(5) Wire rope shall not be secured by knots. [§1917.42(b)(5)]
(6) Eyes in wire rope bridles, slings, bull wires, or in single parts used for hoisting shall not be formed by wire rope clips or knots. [§1917.42(b)(6)]
(7) Eye splices in wire ropes shall have at least three tucks with a whole strand of the rope and two tucks with one-half of the wire cut from each strand. Other forms of splices or connections which are shown to be equivalently safe may be used. [§1917.42(b)(7)]
(8) Except for eye splices in the ends of wires and for endless rope slings, each wire rope used in hoisting or lowering, or in bulling cargo, shall consist of one continuous piece without knot or splice. [§1917.42(b)(8)]
(c) Natural fiber rope. [§1917.42(c)]
(1) The employer shall ascertain the manufacturers' ratings for the specific natural fiber rope used and have such ratings available for inspection. The manufacturers' ratings shall be adhered to and a minimum design safety factor of five maintained. [§1917.42(c)(1)]
(2) Eye splices shall consist of at least three full tucks. Short splices shall consist of at least six full tucks, three on each side of the center line. [§1917.42(c)(2)]
(d) Synthetic rope. [§1917.42(d)]
(1) The employer shall adhere to the manufacturers' ratings and use recommendations for the specific synthetic fiber rope used and shall make such ratings available for inspection. [§1917.42(d)(1)]
(2) (i) Unless otherwise recommended by the manufacturer, when synthetic fiber ropes are substituted for fiber ropes of less than three inches (7.62 cm) in circumference, the substitute shall be of equal size. Where substituted for fiber rope of
(3) Defective synthetic web slings removed from service shall not be returned to service unless repaired by a sling manufacturer or similar entity. Each repaired sling shall be proof tested by the repairer to twice the slings' rated capacity prior to its return to service. The employer shall retain a certificate of the proof test and make it available for examination. [§1917.42(g)(3)]
(4) Synthetic web slings provided by the employer shall only be used in accordance with the manufacturer's use recommendations, which shall be available. [§1917.42(g)(4)]
(5) Fittings shall have a breaking strength at least equal to that of the sling to which they are attached and shall be free of sharp edges. [§1917.42(g)(5)]
(h) Chains and chain slings used for hoisting. [§1917.42(h)]
(1) The employer shall adhere to the manufacturer's recommended ratings for safe working loads for the sizes of wrought iron and alloy steel chains and chain slings used and shall have such ratings available. When the manufacturer is unable to provide such ratings, the employer shall use the tables for chains and chain slings found in American National Safety Standard for Slings, ANSI B30.9-1971. [§1917.42(h)(1)]
(2) Proof coil steel chain, also known as common or hardware chain, and other chain not recommended by the manufacturer for slinging or hoisting shall not be used for slinging or hoisting. [§1917.42(h)(2)]
(3) (i) Sling chains, including end fastenings, shall be inspected for visible defects before each day's use and as often as necessary during use to ensure integrity of the sling. [§1917.42(h)(3)(i)]
(ii) Thorough inspections of chains in use shall be made quarterly to detect wear, defective welds, deformation or increase in length or stretch. The month of inspection shall be indicated on each chain by color of paint on a link or by other equally effective means. [§1917.42(h)(3)(ii)]
Table C-1 — Number and Spacing of U-Bolt Wire Rope Clips
§1917.43
Part 1917 – Marine Terminals
(iii) Chains shall be removed from service when maximum allowable wear, as indicated in Table C-2, is reached at any point of link. [§1917.42(h)(3)(iii)]
(iv) Chain slings shall be removed from service when stretch has increased the length of a measured section by more than five percent; when a link is bent, twisted or otherwise damaged; or when a link has a raised scarf or defective weld. [§1917.42(h)(3)(iv)]
(v) Only designated persons shall inspect chains used for slinging and hoisting. [§1917.42(h)(3)(v)]
Table C-2 — Maximum Allowable Wear at Any Point of Link
Table C-3 — Safe Working Loads for Shackles (continued)
(4) Chains shall be repaired only under qualified supervision. Links or portions of chain defective under any of the criteria of paragraph (h)(3)(iii) of this section shall be replaced with properly dimensioned links or connections of material similar to those of the original chain. Before repaired chains are returned to service, they shall be tested to the proof load recommended by the manufacturer of the original chain. Tests shall be performed by the manufacturer or shall be certified by an agency accredited for the purpose under part 1919 of this chapter. Test certificates shall be available for inspection. [§1917.42(h)(4)]
(5) Wrought iron chains in constant use shall be annealed or normalized at intervals not exceeding six months. Heat treatment certificates shall be available for inspection. Alloy chains shall not be annealed. [§1917.42(h)(5)]
(6) Kinked or knotted chains shall not be used for lifting. Chains shall not be shortened by bolting, wiring or knotting. Makeshift links or fasteners such as wire, bolts or rods shall not be used.
[§1917.42(h)(6)]
(7) Hooks, rings, links and attachments affixed to sling chains shall have rated capacities at least equal to that of the chains to which they are attached. [§1917.42(h)(7)]
(8) Chain slings shall bear identification of size, grade and rated capacity. [§1917.42(h)(8)]
(i) Shackles. [§1917.42(i)]
(1) If available, the manufacturer's recommended safe working loads for shackles shall not be exceeded. In the absence of manufacturer's recommendations, Table C-3 shall apply. [§1917.42(i)(1)]
(2) Screw pin shackles used aloft in house fall or other gear, except in cargo hook assemblies, shall have their pins moused or otherwise effectively secured. [§1917.42(i)(2)]
Table C-3 — Safe Working Loads for Shackles
(j) Hooks other than hand hooks. [§1917.42(j)]
(1) The manufacturers' recommended safe working loads for hooks shall not be exceeded. Hooks other than hand hooks shall be tested in accordance with §1917.50(c)(6). [§1917.42(j)(1)]
(2) Bent or sprung hooks shall be discarded. [§1917.42(j)(2)]
(3) Teeth of case hooks shall be maintained in safe condition.
[§1917.42(j)(3)]
(4) Jaws of patent clamp-type plate hooks shall be maintained in condition to grip plates securely. [§1917.42(j)(4)]
(5) Loads shall be applied to the throat of the hook only. [§1917.42(j)(5)]
(k) Pallets. [§1917.42(k)]
(1) Pallets shall be made and maintained to safely support and carry loads being handled. Fastenings of reusable pallets used for hoisting shall be bolts and nuts, drive screws (helically threaded nails), annular threaded nails or fastenings of equivalent holding strength. [§1917.42(k)(1)]
(2) Damaged pallets shall be stored in designated areas and identified.
[§1917.42(k)(2)]
(3) Reusable wing or lip-type pallets shall be hoisted by bar bridles or other suitable gear and shall have an overhanging wing or lip of at least three inches (7.62cm). They shall not be hoisted by wire slings alone. [§1917.42(k)(3)]
(4) Loaded pallets that do not meet the requirements of this paragraph shall be hoisted only after being placed on pallets meeting such requirements or shall be handled by other means providing equivalent safety. [§1917.42(k)(4)]
(5) Bridles for handling flush end or box-type pallets shall be designed to prevent disengagement from the pallet under load.
[§1917.42(k)(5)]
(6) Pallets shall be stacked or placed to prevent falling, collapsing or otherwise causing a hazard under standard operating conditions.
[§1917.42(k)(6)]
(7) Disposable pallets intended only for one use shall not be reused for hoisting. [§1917.42(k)(7)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40198, July 25, 1997; 65 FR 40938, June 30, 2000]
§1917.43
Powered industrial trucks
(a) Applicability. This section applies to every type of powered industrial truck used for material or equipment handling within a marine terminal. It does not apply to over-the-road vehicles.
[§1917.43(a)]
(b) General. [§1917.43(b)]
(1) After October 3, 1983, modifications, such as adding counterweights, that might affect the vehicle's capacity or safety shall not be performed without either the manufacturer's prior written approval or the written approval of a professional engineer experienced with the equipment who has consulted with the manufacturer, if available. Capacity, operation and maintenance instruction plates, tags or decals shall be changed to conform to the equipment as modified. [§1917.43(b)(1)]
(2) Unauthorized personnel shall not ride on powered industrial trucks. A safe place to ride shall be provided when riding is authorized. [§1917.43(b)(2)]
(3) When a powered industrial truck is left unattended, load-engaging means shall be fully lowered, controls neutralized and brakes set. Unless the truck is in view and within 25 feet (7.62 m) of the operator, power shall be shut off. Wheels shall be blocked or curbed if the truck is on an incline. [§1917.43(b)(3)]
(4) Powered industrial trucks shall not be operated inside highway vehicles or railcars having damage which could affect operational safety. [§1917.43(b)(4)]
(5) Powered industrial trucks shall be marked with their rated capacities, which shall be visible to the operator. [§1917.43(b)(5)]
(6) Only stable and safely arranged loads within the rated capacity of the truck shall be handled. [§1917.43(b)(6)]
(7) The employer shall direct drivers to ascend and descend grades slowly. [§1917.43(b)(7)]
(8) The employer shall direct drivers to slow down and sound the horn at crossaisles and other locations where visibility is obstructed. [§1917.43(b)(8)]
(9) If the load obstructs the forward view, the employer shall direct drivers to travel with the load trailing. [§1917.43(b)(9)]
(10) Steering knobs shall not be used unless the truck is equipped with power steering. [§1917.43(b)(10)]
(11) When powered industrial trucks use cargo lifting devices that have a means of engagement hidden from the operator, a means shall be provided to enable the operator to determine that the cargo has been engaged. [§1917.43(b)(11)]
(12) When cargo is being towed on pipe trucks or similar equipment, a safe means shall be provided to protect the driver from sliding loads. [§1917.43(b)(12)]
(c) Maintenace. [§1917.43(c)]
(1) Only designated persons shall perform maintenance and repair. [§1917.43(c)(1)]
(2) Batteries on all powered trucks shall be disconnected during repairs to the primary electrical system unless power is necessary for testing and repair. On trucks equipped with systems capable of storing residual energy, that energy shall be safely discharged before work on the primary electrical system begins. [§1917.43(c)(2)]
(3) Replacement parts whose function might affect operational safety shall be equivalent in strength and performance capability to the original parts which they replace. [§1917.43(c)(3)]
(4) Braking systems or other mechanisms used for braking shall be operable and in safe condition. [§1917.43(c)(4)]
(5) Powered industrial trucks shall be maintained in safe working order. Safety devices shall not be removed or made inoperative except as otherwise provided in this section. Trucks with a fuel system leak or any other safety defect shall not be operated. [§1917.43(c)(5)]
(6) Those repairs to the fuel and ignition systems of industrial trucks which involve fire hazards shall be conducted only in locations designated as safe for such repairs. [§1917.43(c)(6)]
(d) Approved trucks [§1917.43(d)]
(1) Approved power-operated industrial truck means one listed or approved for the intended use by a nationally recognized testing laboratory. [§1917.43(d)(1)]
(2) Approved trucks acquired and used after February 15, 1972, shall bear a label or other identification indicating testing laboratory approval. [§1917.43(d)(2)]
(3) When the atmosphere in an area is hazardous and the provisions of United States Coast Guard regulations at 33 CFR 126.15(e) do not apply, only power-operated industrial trucks approved for such locations shall be used. [§1917.43(d)(3)]
(e) Fork lift trucks [§1917.43(e)]
(1) Overhead guards. [§1917.43(e)(1)]
(i) When operators are exposed to overhead falling hazards, fork lift trucks shall be equipped with securely attached overhead guards. Guards shall be constructed to protect the operator from falling boxes, cartons, packages, or similar objects. [§1917.43(e)(1)(i)]
(ii) Overhead guards shall not obstruct the operator's view, and openings in the top of the guard shall not exceed six inches (15.24 cm) in one of the two directions, width or length. Larger openings are permitted if no opening allows the smallest unit of cargo being handled to fall through the guard.
[§1917.43(e)(1)(ii)]
(iii) Overhead guards shall be built so that failure of the vehicle's mast tilting mechanism will not displace the guard.
[§1917.43(e)(1)(iii)]
(iv) An overhead guard, otherwise required by this paragraph, may be removed only when it would prevent a truck from entering a work space and if the operator is not exposed to low overhead obstructions in the work space. [§1917.43(e)(1)(iv)]
(v) Overhead guards shall be large enough to extend over the operator during all truck operations, including forward tilt.
[§1917.43(e)(1)(v)]
(2) Load backrest extensions. Where necessary to protect the operator, fork lift trucks shall be fitted with a vertical load backrest extension to prevent the load from hitting the mast when the mast is positioned at maximum backward tilt. For this purpose, a “load backrest extension” means a device extending vertically from the fork carriage frame to prevent raised loads from falling backward. [§1917.43(e)(2)]
(3) Forks. Forks, fork extensions and other attachments shall be secured so that they cannot be accidentally dislodged, and shall be used only in accordance with the manufacturer's recommendations. [§1917.43(e)(3)]
(4) Counterweights. Counterweights shall be so affixed that they cannot be accidentally dislodged. [§1917.43(e)(4)]
(5) Capacities and weights. [§1917.43(e)(5)]
(i) Fork lift truck rated capacities, with and without removable counterweights, shall not be exceeded. Rated capacities shall be marked on the vehicle and shall be visible to the operator. The vehicle weight, with and without counterweight, shall be similarly marked. [§1917.43(e)(5)(i)]
(ii) If loads are lifted by two or more trucks working in unison, the total weight of the load shall not exceed the combined rated lifting capacity of all trucks involved. [§1917.43(e)(5)(ii)]
(6) Lifting of employees. Employees may be elevated by fork lift trucks only when a platform is secured to the lifting carriage or forks. The platform shall meet the following requirements:
[§1917.43(e)(6)]
(i) The platform shall have a railing complying with §1917.112(c). [§1917.43(e)(6)(i)]
(ii) The platform shall have toeboards complying with §1917.112(d) if tools or other objects could fall on employees below. [§1917.43(e)(6)(ii)]
(iii) An employee shall be at the truck's controls whenever employees are elevated. [§1917.43(e)(6)(iii)]
(iv) Employees on the platform shall be protected from exposure to moving truck parts. [§1917.43(e)(6)(iv)]
(v) The platform floor shall be skid resistant. [§1917.43(e)(6)(v)]
(vi) When the truck has controls elevated with the lifting carriage, means shall be provided for employees on the platform to shut off power to the vehicle. [§1917.43(e)(6)(vi)]
(vii) While employees are elevated, the truck may be moved only to make minor placement adjustments. [§1917.43(e)(6)(vii)]
(f) Bulk cargo-moving vehicles. [§1917.43(f)]
(1) Where a seated operator may come into contact with projecting overheads, crawler-type bulk-cargo-moving vehicles that are rider operated shall be equipped with operator's guards.
[§1917.43(f)(1)]
(2) Guards and their attachment points shall be so designed as to be able to withstand, without excessive deflection, a load applied horizontally at the operator's shoulder level equal to the drawbar pull of the machine. [§1917.43(f)(2)]
(3) After July 26, 1999 bulk cargo-moving vehicles shall be equipped with rollover protection of such design and construction as to prevent the possibility of the operator being crushed because of a rollover or upset. [§1917.43(f)(3)]
(g) Straddle trucks [§1917.43(g)]
(1) Accessibility. Straddle trucks shall have a permanent means of access to the operator's station, including any handholds necessary for safe ascent and descent. [§1917.43(g)(1)]
(2) Guarding. [§1917.43(g)(2)]
(i) Main sprockets and chains to the wheels shall be guarded as follows: [§1917.43(g)(2)(i)]
[A] The upper sprocket shall be enclosed; [§1917.43(g)(2)(i)[A]]
[B] The upper half of the lower sprocket shall be enclosed; and [§1917.43(g)(2)(i)[B]]
[C] The drive chain shall be enclosed to a height of eight feet (2.44 m) except for that portion at the lower half of the lower sprocket. [§1917.43(g)(2)(i)[C]]
(ii) Gears shall be enclosed and revolving parts which may be contacted by the operator shall be guarded. [§1917.43(g)(2)(ii)]
(iii) When straddle trucks are used in the vicinity of employees, personnel-deflecting guards shall be provided around leading edges of front and rear wheels. [§1917.43(g)(2)(iii)]
(3) Visibility. Operator visibility shall be provided in all directions of movement. [§1917.43(g)(3)]
(h) Trailer-spotting tractors. [§1917.43(h)]
(1) Trailer-spotting tractors (fifth wheels) shall be fitted with any hand grabs and footing necessary for safe access to the fifth wheel. [§1917.43(h)(1)]
(2) Rear cab windows shall be of safety glass or of equivalent material. [§1917.43(h)(2)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40198, July 25, 1997; 65 FR 40939, June 30, 2000] §1917.44
General rules applicable to vehicles5
(a) The requirements of this section apply to general vehicle use within marine terminals. Exception: The provisions of paragraphs (c) and (l) of this section do not apply when preempted by applicable regulations of the Department of Transportation.6 [§1917.44(a)]
5.The United States Coast Guard at 33 CFR 126.15(d) and (e) has additional regulations applicable to vehicles in terminals.
Part 1917 – Marine Terminals
(b) Private vehicle parking in marine terminals shall be allowed only in designated areas. [§1917.44(b)]
(c) Trailers shall not be disconnected from tractors at loading docks until the road wheels have been immobilized. The road wheels shall be immobilized from the time the brake system is disconnected until braking is again provided. Supplementary front end support shall be employed as necessary to prevent tipping when a trailer is entered by a material handling vehicle. Rear end support shall be employed if rear wheels are so far forward as to allow tipping when the trailer is entered. [§1917.44(c)]
(d) The employer shall direct motor vehicle operators to comply with any posted speed limits and other traffic control signs or signals, and written traffic instructions. [§1917.44(d)]
(e) Stop signs shall be posted at main entrances and exits of structures where visibility is impaired, and at blind intersections, unless direct traffic control or warning mirror systems or other systems of equivalent safety are provided. [§1917.44(e)]
(f) Vehicular routes, traffic rules, and parking areas shall be established, identified, and used. [§1917.44(f)]
(g) The employer shall direct vehicle drivers to warn employees in traffic lanes of the vehicle's approach. [§1917.44(g)]
(h) Signs indicating pedestrian traffic shall be clearly posted at vehicular check-in and check-out lines and similar locations where employees may be working. [§1917.44(h)]
(i) A distance of not less than 20 feet (6.1 m) shall be maintained between the first two vehicles in a check-in, check-out, roadability, or vessel loading/discharging line. This distance shall be maintained between any subsequent vehicles behind which employees are required to work. [§1917.44(i)]
(j) No unattended vehicle shall be left with its engine running unless secured against movement (see §1917.43(b)(3) for powered industrial trucks). [§1917.44(j)]
(k) When the rear of a vehicle is elevated to facilitate loading or discharging, a ramp shall be provided and secured. The vehicle shall be secured against accidental movement during loading or discharging. [§1917.44(k)]
(l) Only highway vehicle floors in safe condition shall be used. [§1917.44(l)]
(m) When flatbed trucks, platform containers or similar conveyances are loaded or discharged and the cargo consists of pipe or other products which could spread or roll to endanger employees, the cargo shall be contained to prevent movement. [§1917.44(m)]
(n) Vehicles used to transport employees within a terminal shall be maintained in safe working order and safety devices shall not be removed or made inoperative. [§1917.44(n)]
(o) Servicing multi-piece and single piece rim wheels. Servicing of multi-piece and single piece rim wheels is covered by §1910.177 of this chapter. (See §1917.1(a)(2)(xii)). [§1917.44(o)]
(1) Scope. This paragraph applies to the servicing of vehicle wheels containing tube-type tires mounted on multi-piece rims. [§1917.44(o)(1)]
(2) Definition. “Multi-piece rim” means a vehicle wheel rim consisting of two or more parts, one of which is a (side) locking ring designed to hold the tire on the rim by tension on interlocking components when the tire is inflated, regardless of the relative sizes of the component parts. [§1917.44(o)(2)]
(3) Employee training. [§1917.44(o)(3)]
(i) Only employees trained in the procedures required in paragraph (o)(4) of this section and who have demonstrated their ability to service multi-piece rim wheels shall be assigned such duties. [§1917.44(o)(3)(i)]
(ii) Employees assigned such duties shall have demonstrated their ability by the safe performance of the following tasks:
[§1917.44(o)(3)(ii)]
[A] Tire demounting (including deflation); [§1917.44(o)(3)(ii)[A]]
[B] Inspection of wheel components; [§1917.44(o)(3)(ii)[B]]
[C] Mounting of tires; [§1917.44(o)(3)(ii)[C]]
[D] Inflation of tires, including use of a restraining device; [§1917.44(o)(3)(ii)[D]]
[E] Handling of wheels; [§1917.44(o)(3)(ii)[E]]
[F] Inflation of tires when a wheel is mounted on the vehicle; and [§1917.44(o)(3)(ii)[F]]
[G] Installation and removal of wheels. [§1917.44(o)(3)(ii)[G]]
6.Department of Transportation regulations in 49 CFR part 393, Subpart C — Brakes, address the immobilization of trailer road wheels prior to disconnection of the trailer and until braking is again provided. Section 49 CFR 393.84 addresses the condition of flooring. These DOT rules apply when the motor carrier is engaged in interstate commerce or in the transport of certain hazardous items wholly within a municipality or the commercial zone thereof.
(4) Servicing procedures. The following procedures shall be followed: [§1917.44(o)(4)]
(i) Tires shall be completely deflated before demounting by removal of the valve core; [§1917.44(o)(4)(i)]
(ii) The valve core shall be removed before the wheel is removed from the axle when: [§1917.44(o)(4)(ii)]
[A] The tire has been operated underinflated at 80% or less of its recommended pressure, or [§1917.44(o)(4)(ii)[A]]
[B] There is discernible or suspected damage to the tire or wheel components; [§1917.44(o)(4)(ii)[B]]
(iii) Mating surfaces shall be free of dirt, surface rust, scale and rubber buildup before mounting; [§1917.44(o)(4)(iii)]
(iv) Rubber lubricant shall be applied to bead and rim mating surfaces upon wheel assembly and inflation of the tire; [§1917.44(o)(4)(iv)]
(v) Air pressure shall not exceed 3 psig (0.21 kg/cm2) when seating the locking ring or rounding out the tube when a tire is being partially inflated without a restraining device;
[§1917.44(o)(4)(v)]
(vi) While the tire is pressurized, components shall not be struck or forced to correct the seating of side or lock rings; [§1917.44(o)(4)(vi)]
(vii) There shall not be any contact between an employee or unit of equipment and a restraining device during tire inflation; [§1917.44(o)(4)(vii)]
(viii) After inflation, tires, rims and rings shall be inspected while within the restraining device to ensure seating and locking. If adjustment is necessary the tire shall first be deflated by valve core removal; and [§1917.44(o)(4)(viii)]
(ix) Before assembly, wheel components shall be inspected, and damaged rim components shall not be reused.
[§1917.44(o)(4)(ix)]
(5) Charts and manuals. [§1917.44(o)(5)]
(i) The employer shall provide a chart containing as a minimum the instructions and information provided in the United States Department of Transportation, National Highway Traffic Safety Administration (NHTSA) publication “Safety Precautions for Mounting and Demounting Tube-Type Truck/Bus Tires” and “Multi-Piece Rim Wheel Matching Chart,” and pertinent to the type(s) of multi-piece rim wheels being serviced. The chart shall be available in the terminal's service area.7
[§1917.44(o)(5)(i)]
(ii) A current rim manual containing the manufacturer's instructions for mounting, demounting, maintenance and safety precautions relating to the multi-piece rim wheels being serviced shall be available in the terminal's service area.
[§1917.44(o)(5)(ii)]
(6) Restraining devices. [§1917.44(o)(6)]
(i) Except as otherwise noted, inflation shall be done within a restraining device such as a cage, rack or other device capable of withstanding the maximum force that would be transferred to it during an explosive wheel separation occurring at 150% of maximum tire specification pressure for the wheels being serviced. The restraining device shall be capable of preventing rim components from being thrown outside the frame of the device for any wheel position within the device. When the wheel assembly is mounted on a vehicle, tires may be inflated without a restraining device only if they have more than 80% of the recommended pressure and if remote control inflation equipment is used and employees are clear of the danger area. [§1917.44(o)(6)(i)]
(ii) Restraining devices shall be kept in good repair and be capable of preventing rim components from being thrown outside the device. [§1917.44(o)(6)(ii)]
(7) Inflation hoses. Inflation hoses shall have a manual clip-on chuck with sufficient hose to permit an employee to be clear of the danger zone. An in-line, manually operated valve with gauge or a preset pressure regulator shall be used to inflate tires. [§1917.44(o)(7)]
(8) Other equipment. [§1917.44(o)(8)]
(i) Only tools recommended in the rim manual for the type of wheel being serviced shall be used to service multi-piece rim wheels. [§1917.44(o)(8)(i)]
(ii) Wheel components shall not be interchanged except as provided in the applicable chart or manual. [§1917.44(o)(8)(ii)]
[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987; 62 FR 40199, July 25, 1997; 65 FR 40939, June 30, 2000]
7.NHTSA charts are available from General Services Division, National Highway Traffic Safety Administration, Attention: N48-51, 400 Seventh Street, SW., Washington, D.C. 20590. Industry charts are available upon request from the manufacturer.
Cranes and derricks (See also §1917.50)
§1917.45
Cranes and derricks (See also §1917.50)
Cranes and derricks (See also §1917.50)
(a) Coverage. [§1917.45(a)]
(1) This section applies to every kind of crane and derrick and to any other type of equipment performing the functions of a crane or derrick except as noted in paragraph (a)(2) of this section. [§1917.45(a)(1)]
(2) This section does not apply to small industrial truck-type cranes, container handling top-loaders and sideloaders, chain hoists, and mobile straddle-type cranes incapable of straddling two or more intermodal containers (16 feet (4.88 m) in width). [§1917.45(a)(2)]
(b) Ratings. [§1917.45(b)]
(1) Except for bridge cranes covered by paragraph (g) of this section, cranes and derricks having ratings that vary with boom length, radius (outreach) or other variables shall have a durable rating chart visible to the operator, covering the complete range of the manufacturer's (or design) capacity ratings. The rating chart shall include all operating radii (outreach) for all permissible boom lengths and jib lengths as applicable, with and without outriggers, and alternate ratings for optional equipment affecting such ratings. Precautions or warnings specified by the owner or manufacturer shall be included along with the chart. [§1917.45(b)(1)]
(2) The manufacturer's (or design) rated loads for the conditions of use shall not be exceeded. [§1917.45(b)(2)]
(3) Designated working loads shall not be increased beyond the manufacturer's ratings or original design limitations unless such increase receives the manufacturer's approval. When the manufacturer's services are not available or where the equipment is of foreign manufacture, engineering design analysis shall be performed or approved by a person accredited for certificating the equipment under part 1919 of this chapter. Engineering design analysis shall be performed by a registered professional engineer competent in the field of cranes and derricks. Any structural changes necessitated by the change in rating shall be carried out. [§1917.45(b)(3)]
(c) Radius indicator. When the rated load varies with the boom radius, the crane or derrick shall be fitted with a boom angle or radius indicator visible to the operator. [§1917.45(c)]
(d) Prohibited usage. [§1917.45(d)]
(1) Equipment shall not be used in a manner that exerts sideloading stresses upon the crane or derrick boom. [§1917.45(d)(1)]
(2) No crane or derrick having a visible or known defect that affects safe operation shall be used. [§1917.45(d)(2)]
(e) Protective devices. [§1917.45(e)]
(1) When exposed moving parts such as gears, chains and chain sprockets present a hazard to employees during crane and derrick operations, those parts shall be securely guarded. [§1917.45(e)(1)]
(2) Crane hooks shall be latched or otherwise secured to prevent accidental load disengagement. [§1917.45(e)(2)]
(f) General [§1917.45(f)]
(1) Operating controls. [§1917.45(f)(1)]
(i) Crane and derrick operating controls shall be clearly marked, or a chart indicating their function shall be posted at the operator's position. [§1917.45(f)(1)(i)]
(ii) After October 3, 1984, overhead bridge and container gantry crane operating control levers shall be self-centering so that they will automatically move to the “off” position when the operator releases the control. [§1917.45(f)(1)(ii)]
(2) Booms. Cranes with elevatable booms and without operable automatic limiting devices shall be provided with boom stops if boom elevation can exceed maximum design angles from the horizontal. [§1917.45(f)(2)]
(3) Foot pedals. Foot pedals shall have a non-skid surface. [§1917.45(f)(3)]
(4) Access. Ladders, stairways, stanchions, grab irons, foot steps or equivalent means shall be provided as necessary to ensure safe access to footwalks, cab platforms, the cab and any portion of the superstructure which employees must reach. [§1917.45(f)(4)]
(i) Footwalks shall be of rigid construction, and shall be capable of supporting a load of 100 pounds (4.79 kPa) per square foot. [§1917.45(f)(4)(i)]
(ii) If more than 20 feet (6.1 m) in height, vertical ladders shall comply with §1917.118 (d), (e)(1), (e)(2)(iii), and (e)(2)(iv). [§1917.45(f)(4)(ii)]
(iii) Stairways on cranes shall be equipped with rigid handrails meeting the requirements of §1917.112(e). [§1917.45(f)(4)(iii)]
(iv) If the top of a ladder or stairway or any position thereof is located where a moving part of a crane, such as a revolving
§1917.45(g)
house, could strike an employee ascending or descending the ladder or stairway, a prominent warning sign shall be posted at the foot of the ladder or stairway. A system of communication (such as a buzzer or bell) shall be established and maintained between the foot of the ladder or stairway and the operator's cab. [§1917.45(f)(4)(iv)]
(5) Operator's station. [§1917.45(f)(5)]
(i) The cab, controls and mechanism of the equipment shall be so arranged that the operator has a clear view of the load or signalman, when one is used. Cab glass, when used, shall be safety plate glass or equivalent. Cranes with missing, broken, cracked, scratched, or dirty glass (or equivalent) that impairs operator visibility shall not be used. Clothing, tools and equipment shall be stored so as not to interfere with access, operation, and the operator's view. [§1917.45(f)(5)(i)]
(ii) A seat (lap) belt, meeting the requirements of 49 CFR 571.208-210 for a Type 1 seat belt assembly, shall be installed on the operator's seat of high speed container gantry cranes where the seat trolleys. [§1917.45(f)(5)(ii)]
(6) Counterweights or ballast. Cranes shall be operated only with the specified type and amount of ballast or counterweights. Ballast or counterweight shall be located and secured only as provided in the manufacturer's or design specifications, which shall be available. [§1917.45(f)(6)]
(7) Outriggers. Outriggers shall be used according to the manufacturers' specifications or design data, which shall be available. Floats, when used, shall be securely attached to the outriggers. Wood blocks or other support shall be of sufficient size to support the outrigger, free of defects that may affect safety and of sufficient width and length to prevent the crane from shifting or toppling under load. [§1917.45(f)(7)]
(8) Exhaust gases. Engine exhaust gases shall be discharged away from the normal position of crane operating personnel.
[§1917.45(f)(8)]
(9) Electrical equipment shall be so located or enclosed that live parts will not be exposed to accidental contact. Designated persons may work on energized equipment only if necessary during inspection, maintenance, or repair. [§1917.45(f)(9)]
(10) Fire extinguisher. [§1917.45(f)(10)]
(i) At least one portable fire extinguisher of at least 5-BC rating or equivalent shall be accessible in the cab of the crane or derrick. [§1917.45(f)(10)(i)]
(ii) No portable fire extinguisher using carbon tetrachloride or chlorobromomethane extinguishing agents shall be used.
[§1917.45(f)(10)(ii)]
(11) Rope on drums. At least three full turns of rope shall remain on ungrooved drums, and two turns on grooved drums, under all operating conditions. Wire rope shall be secured to drums by clamps, U-bolts, shackles or equivalent means. Fiber rope fastenings are prohibited. [§1917.45(f)(11)]
(12) Assembly or disassembly of boom sections. Mobile crane booms being assembled or disassembled on the ground with or without the support of the boom harness shall be blocked to prevent dropping of the boom or boom sections. [§1917.45(f)(12)]
(13) Brakes. [§1917.45(f)(13)]
(i) Each independent hoisting unit of a crane shall be equipped with at least one holding brake, applied directly to the motor shaft or gear train. [§1917.45(f)(13)(i)]
(ii) Each independent hoisting unit of a crane, except worm geared hoists, the angle of whose worm is such as to prevent the load from accelerating in the lowering direction, shall, in addition to a holding brake, be equipped with a controlled braking means to control lowering speeds. [§1917.45(f)(13)(ii)]
(iii) Holding brakes for hoist units shall have not less than the following percentage of the rated load hoisting torque at the point where the brake is applied: [§1917.45(f)(13)(iii)]
[A] 125 percent when used with an other than mechanically controlled braking means; or [§1917.45(f)(13)(iii)[A]]
[B] 100 percent when used with a mechanically-controlled braking means. [§1917.45(f)(13)(iii)[B]]
[C] 100 percent when two holding brakes are provided. [§1917.45(f)(13)(iii)[C]]
(iv) All power control braking means shall be capable of maintaining safe lowering speeds of rated loads. [§1917.45(f)(13)(iv)]
(g) Rail-mounted cranes (excluding locomotive types). [§1917.45(g)]
(1) For the purposes of this section, rail-mounted cranes include bridge cranes and portal cranes. [§1917.45(g)(1)]
(2) Rated load marking. The rated loads of bridge cranes shall be plainly marked on each side of the crane and in the cab. If there is more than one hoisting unit, each hoist shall have its rated load marked on it or on its load block. Marking shall be legible from the ground level. [§1917.45(g)(2)]
§1917.45
(3) Wind-indicating devices. [§1917.45(g)(3)]
Part 1917 – Marine Terminals
(i) After October 3, 1983, each rail-mounted bridge and portal crane located outside of an enclosed structure shall be fitted with an operable wind-indicating device. [§1917.45(g)(3)(i)]
(ii) The wind indicating device shall provide a visible or audible warning to alert the operator of high wind conditions. That warning shall be transmitted whenever the following circumstances are present: [§1917.45(g)(3)(ii)]
[A] When wind velocity reaches the warning speed, not exceeding the crane manufacturer's recommendations; and [§1917.45(g)(3)(ii)[A]]
[B] When wind velocity reaches the shutdown speed, not exceeding the crane manufacturer's recommendations, at which work is to be stopped and the crane secured.
[§1917.45(g)(3)(ii)[B]]
(iii) Instructions. The employer shall post operating instructions for high wind conditions in the operator's cab of each crane. Operators shall be directed to comply with these instructions. The instructions shall include procedures for responding to high wind alerts and for any coordination necessary with other cranes. [§1917.45(g)(3)(iii)]
(4) Securing of cranes in high winds. [§1917.45(g)(4)]
(i) When the wind reaches the crane's warning speed:
[§1917.45(g)(4)(i)]
[A] Gantry travel shall be stopped; and [§1917.45(g)(4)(i)[A]]
[B] The crane shall be readied for shutdown.
[§1917.45(g)(4)(i)[B]]
(ii) When the wind reaches the crane's shutdown speed:
[§1917.45(g)(4)(ii)]
[A] Any portion of the crane spanning or partially spanning a vessel shall be moved clear of the vessel if safe to do so; and [§1917.45(g)(4)(ii)[A]]
[B] The crane shall be secured against travel, using all available means of securing. [§1917.45(g)(4)(ii)[B]]
(5) The employer shall monitor local weather conditions by subscribing to a weather service or using equally effective means. [§1917.45(g)(5)]
(6) Stops and bumpers. [§1917.45(g)(6)]
(i) The ends of all tracks shall be equipped with stops or bumpers. If a stop engages the tread of the wheel, it shall be of a height not less than the radius of the wheel. [§1917.45(g)(6)(i)]
(ii) When more than one crane operates on the same runway or more than one trolley on the same bridge, each crane or trolley shall be equipped with bumpers or equivalent devices at adjacent ends subject to impact. [§1917.45(g)(6)(ii)]
(7) Employee exposure to crane movement. When employees may be in the vicinity of the tracks, crane trucks shall be equipped with personnel-deflecting guards. [§1917.45(g)(7)]
(8) Pedestrian clearance. If the track area is used for employee passage or for work, a minimum clearance of three feet (.91 m) shall be provided between trucks or the structures of railmounted cranes and any other structure or obstruction. When the required clearance is not available on at least one side of the crane's trucks, the area shall not be used and shall be marked and identified. [§1917.45(g)(8)]
(9) Warning devices. Rail-mounted cranes shall be equipped with an effective travel warning device which shall be used to warn employees who may be in the path of the moving crane.
[§1917.45(g)(9)]
(10) Communications. Means of communication shall be provided between the operator's cab and the base of the gantry of all railmounted cranes. This requirement may be met by telephone, radio, sound-signalling system or other effective methods, but not solely by hand-signalling. [§1917.45(g)(10)]
(11) Limit switch bypass systems shall be secured during all cargo operations. Such bypass systems shall not be used except in an emergency or during non-cargo handling operations such as stowing cranes or derricks or performing repairs. When a situation requiring the use of a bypass system or the readjustment of a limit switch arises, it shall be done only under the direction of a crane mechanic. [§1917.45(g)(11)]
(h) Stabilizing of locomotive cranes. Loads may be hoisted by locomotive cranes only if outriggers are in place, unless means are taken to prevent the load being carried by the truck springs of the crane. [§1917.45(h)]
(i) Operations. [§1917.45(i)]
(1) Use of cranes together. When two or more cranes hoist a load in unison, a designated person shall direct the operation and instruct personnel in positioning, rigging of the load and movements to be made. [§1917.45(i)(1)]
(2) Guarding of swing radius. Accessible areas within the swing radius of the body of a revolving crane shall be physically
guarded during operations to prevent an employee from being caught between the body of the crane and any fixed structure or between parts of the crane. [§1917.45(i)(2)]
(3) Securing mobile crane components in transit. The crane's superstructure and boom shall be secured against rotation and carried in line with the direction of travel except when negotiating turns with an operator in the cab or when the boom is supported on a dolly. The empty hook or other attachment shall be secured.
[§1917.45(i)(3)]
(4) Unattended cranes. The following steps shall be taken before leaving a crane unattended between work periods: [§1917.45(i)(4)]
(i) Suspended loads, such as those hoisted by lifting magnets or clamshell buckets, shall be landed unless the storage position or maximum hoisting of the suspended device will provide equivalent safety; [§1917.45(i)(4)(i)]
(ii) Clutches shall be disengaged; [§1917.45(i)(4)(ii)]
(iii) The power supply shall be shut off; [§1917.45(i)(4)(iii)]
(iv) The crane shall be secured against accidental travel; and [§1917.45(i)(4)(iv)]
(v) The boom shall be lowered or secured against movement.
[§1917.45(i)(4)(v)]
(5) Operating near electric power lines. [§1917.45(i)(5)]
(i) Clearance. Unless electrical distribution and transmission lines are de-energized and visibly grounded at the point of work, or unless insulating barriers not a part of or attached to the crane have been erected to prevent physical contact with lines, cranes may be operated near power lines only in accordance with the following: [§1917.45(i)(5)(i)]
[A] For lines rated 50 kV or below, minimum clearance between the lines and any part of the crane or load shall be 10 feet (3.05 m); [§1917.45(i)(5)(i)[A]]
[B] For lines rated over 50 kV, minimum clearance between the lines and any part of the crane or load shall be either 10 feet (3.05 m) plus 0.4 inch (10.16 mm) for each 1 kV over 50 kV, or twice the length of the line insulator, but never less than 10 feet; and [§1917.45(i)(5)(i)[B]]
[C] In transit with no load and boom lowered, the clearance shall be a minimum of 4 feet (1.22 m). [§1917.45(i)(5)(i)[C]]
(ii) Boom guards. Cage-type boom guards, insulating links or proximity warning devices may be used on cranes, but they shall not be used in place of the clearances required by paragraph (i)(5)(i) of this section. [§1917.45(i)(5)(ii)]
(iii) Determination of energized lines. Any overhead line shall be presumed to be energized until the owner of the line indicates that it is not energized. [§1917.45(i)(5)(iii)]
(j) Protection for employees being hoisted. [§1917.45(j)]
(1) No employee shall be hoisted by the load hoisting apparatus of a crane or derrick except: [§1917.45(j)(1)]
(i) On intermodal container spreaders, equipped in accordance with paragraph (j)(8) of this section; or [§1917.45(j)(1)(i)]
(ii) In a boatswain's chair or other device rigged to prevent it from accidental disengagement from the hook or supporting member; or [§1917.45(j)(1)(ii)]
(iii) On a platform meeting the following requirements:
[§1917.45(j)(1)(iii)]
[A] Enclosed by a railing or other means providing protection equivalent to that described in §1917.112(c). If equipped with open railings, the platform shall be fitted with toe boards; [§1917.45(j)(1)(iii)[A]]
[B] Having a safety factor of four based on ultimate strength; [§1917.45(j)(1)(iii)[B]]
[C] Bearing a plate or permanent marking indicating maximum load rating, which shall not be exceeded, and the weight of the platform itself; [§1917.45(j)(1)(iii)[C]]
[D] Equipped with a device to prevent access doors, when used, from opening accidentally; [§1917.45(j)(1)(iii)[D]]
[E] Equipped with overhead protection for employees on the platform if they are exposed to falling objects or overhead hazards; [§1917.45(j)(1)(iii)[E]]
[F] Secured to the load line by means other than wedge and socket attachments, unless the free (bitter) end of the line is secured back to itself by a clamp placed as close above the wedge as possible. [§1917.45(j)(1)(iii)[F]]
(2) Except in an emergency, the hoisting mechanism of all cranes or derricks used to hoist personnel shall operate only in power up and power down, with automatic brake application when not hoisting or lowering. [§1917.45(j)(2)]
(3) Variable radius booms of a crane or derrick used to hoist personnel shall be so constructed or secured as to prevent accidental boom movement. [§1917.45(j)(3)]
(4) Platforms or devices used to hoist employees shall be inspected for defects before each day's use and shall be removed from service if defective. [§1917.45(j)(4)]
(5) Employees being hoisted shall remain in continuous sight of and communication with the operator or signalman. [§1917.45(j)(5)]
(6) Operators shall remain at the controls when employees are hoisted. [§1917.45(j)(6)]
(7) Cranes shall not travel while employees are hoisted, except in emergency or in normal tier to tier transfer of employees during container operations. [§1917.45(j)(7)]
(8) When intermodal container spreaders are used to transfer employees to or from the tops of containers, the spreaders shall be equipped with a personnel platform equipped with fixed railings, provided that the railings have one or more openings for access. The openings shall be fitted with a means of closure, such as chains with hooks. Existing railings shall be at least 36 inches (0.91 m) in height. New railings installed after October 3, 1983 shall be 42 inches (1.07 m), plus or minus 3 inches (7.62 cm), in height. The provisions of paragraphs (j)(1)(iii)(C), (j)(1)(iii)(D), and (j)(1)(iii)(F) of this section also apply to personnel platforms when such container spreaders are used. [§1917.45(j)(8)]
(9) Employees shall not be hoisted on intermodal container spreaders while a load is engaged. [§1917.45(j)(9)]
(10) All cranes and derricks used to hoist personnel shall be equipped with an anti-two-blocking device. [§1917.45(j)(10)]
(k) Routine inspection. [§1917.45(k)]
(1) Designated persons shall visually inspect each crane and derrick on each day of use for defects in functional operating components and shall report any defect found to the employer. The employer shall inform the operator of the findings. [§1917.45(k)(1)]
(2) A designated person shall thoroughly inspect all functional components and accessible structural features of each crane or device at monthly intervals. [§1917.45(k)(2)]
(3) Any defects found during such inspections which may create a safety hazard shall be corrected before further equipment use. Repairs shall be performed only by designated persons. [§1917.45(k)(3)]
(4) A record of monthly inspections shall be maintained for six months in or on the crane or derrick or at the terminal. [§1917.45(k)(4)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40199, July 25, 1997; 65 FR 40940, June 30, 2000] §1917.46
Load indicating devices
(a) (1) Except as provided in paragraph (a)(1)(viii) of this section, every crane after October 3, 1984 shall be fitted with a load indicating device or alternative device in proper working condition which shall meet the following criteria: [§1917.46(a)(1)]
(i) The type or model or any load indicating or alternate device which is used shall provide: [§1917.46(a)(1)(i)]
[A] A direct indication in the cab of actual weight hoisted or a means of determining this by referencing a weight indication to crane ratings posted and visible to the operator, except that the use of a dynamometer or simple scale alone will not meet this requirement; or [§1917.46(a)(1)(i)[A]]
[B] Indications in the cab according to the radius and load at the moment; or [§1917.46(a)(1)(i)[B]]
[C] A direct means to prevent an overload from occurring. [§1917.46(a)(1)(i)[C]]
(ii) The accuracy of the load indicating device, weight-moment device, or overload protection device shall be such that any indicated load (or limit), including the sum of actual weight hoisted and additional equipment or “add ons” such as slings, sensors, blocks, etc., is within the range between 95 percent (5 percent underload) and 110 percent (10 percent overload) of the actual true total load. Such accuracy shall be required over the range of daily operating variables reasonably anticipated under the conditions of use. [§1917.46(a)(1)(ii)]
(iii) The device shall permit the operator to determine, before making any lift, that the indicating or substitute system is operative. In the alternative, if a device is so mounted or attached to preclude such a determination, it may not be used unless it has been certified by the manufacturer to remain operable within the limits stated in paragraph (a)(1)(ii) of this section for a specific period of use. Checks for accuracy, using known values of load, shall be performed at the time of every certification survey (see §1917.50) and at such additional times as may be recommended by the manufacturer. [§1917.46(a)(1)(iii)]
(iv) When a load indicating device or alternative system is so arranged in the supporting system (crane structure) that its failure could cause the load to be dropped, its strength shall not be the limiting factor of the supporting system (crane structure).
[§1917.46(a)(1)(iv)]
(v) Marking shall be conspicuously placed giving: units of measure in pounds or both pounds and kilograms, capacity of the indicating system, accuracy of the indicating system, and operating instructions and precautions. In the case of systems utilizing indications other than actual weights, the marking shall include data on: the means of measurement, capacity of the system, accuracy of the system, and operating instructions and precautions. If the system used provides no readout, but is such as to automatically cease crane operation when the rated load limit under any specific condition of use is reached, marking shall be provided giving the make and model of the device installed, a description of what it does, how it is operated, and any necessary precautions regarding the system. All weight indications, other types of loading indications, and other data required shall be readily visible to the operator. [§1917.46(a)(1)(v)]
(vi) All load indicating devices shall be operative over the full operating radius. Overall accuracy shall be based on actual applied load and not on full scale (full capacity) load.
[§1917.46(a)(1)(vi)]
Explanatory Note: For example, if accuracy of the load indicating device is based on full scale load and the device is arbitrarily set at plus/minus 10 percent, it would accept a reading between 90,000 and 110,000 lbs., at full capacity of a machine with 100,000 lbs., maximum rating, but would also allow a reading between zero and 20,000 lbs., at that outreach (radius) at which the rating would be 10,000 lbs., capacity — an unacceptable figure. If, however, accuracy is based on actual applied load under the same conditions, the acceptable range would remain the same with the 100,000-lb. load but becomes a figure between 9,000 and 11,000 lbs., a much different and acceptable condition, at the 10,000-lb. load.
(vii) When the device uses the radius as a factor in its use or in its operating indications, the indicated radius (which may be in feet and/or meters, or degrees of boom angle, depending on the system used) shall be a figure which is within the range of a figure no greater than 110 percent of the actual radius to a figure which is no less than 97 percent of the actual (true) radius. A conversion chart shall be provided whenever it is necessary to convert between degrees of radius and feet or meters. [§1917.46(a)(1)(vii)]
(viii) The load indicating device requirements of this subparagraph do not apply to a crane: [§1917.46(a)(1)(viii)]
[A] Of trolley equipped bridge type or overhead type while handling intermodal containers known to be identified as empty, or loaded, and in either case in compliance with the provisions of §1917.71, or while hoisting other lifts by means of a lifting beam supplied by the crane manufacturer for the purpose, and in all cases within the crane rating; [§1917.46(a)(1)(viii)[A]]
[B] While handling bulk commodities or cargoes by means of clamshell bucket or magnet; [§1917.46(a)(1)(viii)[B]]
[C] While used to handle or hold hoses in connection with transfer of bulk liquids or other hose handled products; or [§1917.46(a)(1)(viii)[C]]
[D] While the crane is used exclusively to handle cargo or equipment the total actual gross weight of which is known by means of marking of the unit or units hoisted, when such total actual gross weight never exceeds 11,200 lbs., and when 11,200 lbs., is less than the rated capacity of the crane at the maximum outreach that is possible under the conditions of use at the time. [§1917.46(a)(1)(viii)[D]]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40199, July 25, 1997]
§1917.47
Winches
(a) Moving winch parts which present caught-in hazards to employees shall be guarded. [§1917.47(a)]
(b) Winches shall have clearly identifiable and readily accessible stop controls. [§1917.47(b)]
(c) Portable winches shall be secured against accidental shifting while in use. [§1917.47(c)]
(d) Portable winches shall be fitted with limit switches if employees have access to areas from which it is possible to be drawn into the winch. [§1917.47(d)]
(e) The provisions of §1917.45(f)(11) shall apply to winches. [§1917.47(e)]
§1917.48
Conveyors
(a) Guards. [§1917.48(a)]
(1) Danger zones at or adjacent to conveyors shall be guarded to protect employees. [§1917.48(a)(1)]
(2) An elevated walkway with guardrail or equivalent means of protection shall be provided where employees cross over moving conveyors, and suitable guarding shall be provided when employees pass under moving conveyors. [§1917.48(a)(2)]
(b) Moving parts. Conveyor rollers and wheels shall be secured in position. [§1917.48(b)]
§1917.49
Part 1917 – Marine Terminals
(c) Positioning. Gravity conveyor sections shall be firmly placed and secured to prevent them from falling. [§1917.48(c)]
(d) Braking. [§1917.48(d)]
(1) When necessary for safe operation, provisions shall be made for braking objects at the delivery end of the conveyor. [§1917.48(d)(1)]
(2) Conveyors using electrically released brakes shall be constructed so that the brakes cannot be released until power is applied, and so that the brakes are automatically engaged if the power fails or the operating control is returned to the “stop” position. [§1917.48(d)(2)]
(e) Stability. Portable conveyors shall be stable within their operating ranges. When used at variable fixed levels, the unit shall be secured at the operating level. [§1917.48(e)]
(f) Emergency stop devices. Readily accessible stop controls shall be provided for use in an emergency. Whenever the operation of any power conveyor requires personnel to work in the immediate vicinity of the conveyor, the Conveyor or controls shall not be left unattended while the conveyor is in operation. [§1917.48(f)]
(g) Starting powered conveyors. Powered conveyors shall not be started until all employees are clear of the conveyor or have been warned that the conveyor is about to start. [§1917.48(g)]
(h) Loading and unloading. The area around conveyor loading and unloading points shall be kept clear of obstructions during conveyor operations. [§1917.48(h)]
(i) Lockout/Tagout. [§1917.48(i)]
(1) Conveyors shall be stopped and their power sources locked out and tagged out during maintenance, repair, and servicing, unless power is necessary for testing. [§1917.48(i)(1)]
(2) The starting device shall be locked out and tagged out in the stop position before an attempt is made to remove the cause of a jam or overload of the conveying medium, unless it is necessary to have the power on to remove the jam. [§1917.48(i)(2)]
(j) Safe practices. [§1917.48(j)]
(1) Only designated persons shall operate, repair or service powered conveyors. [§1917.48(j)(1)]
(2) The employer shall direct employees to stay off operating conveyors. [§1917.48(j)(2)]
(3) Conveyors shall be operated only with all overload devices, guards and safety devices in place and operable. [§1917.48(j)(3)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40200, July 25, 1997]
§1917.49
Spouts, chutes, hoppers, bins, and associated equipment
(a) Standing and running rigging and associated gear used as a permanent part of spouts, chutes or similar devices shall be inspected before each use and shall not be used if it has any functional defects. (See also §1917.50(c)(2) for certification requirements.) [§1917.49(a)]
(b) Direct communication shall be provided between the discharge or shipboard control end of loading spouts and chutes and the point in the terminal from which the flow of cargo is controlled. [§1917.49(b)]
(c) Chute and hopper openings which present a hazard shall be guarded to prevent employees from falling through them. [§1917.49(c)]
(d) When employees are working on hoppers, the hopper shall be equipped with a safe walkway and means of access. [§1917.49(d)]
(e) When necessary for the safety of employees, chutes shall be equipped with sideboards to afford protection from falling objects. [§1917.49(e)]
(f) Chutes shall be firmly placed and secured to prevent them from falling. [§1917.49(f)]
(g) When necessary for the safety of employees, provisions shall be made for braking objects other than bulk commodities at the delivery end of the chute. [§1917.49(g)]
(h) Before an employee enters an empty bin: [§1917.49(h)]
(1) Personnel controlling the flow of cargo into the bin shall have been notified of the entry; and [§1917.49(h)(1)]
(2) The power supply to the equipment carrying the cargo to the bin shall be turned off, locked out and tagged. [§1917.49(h)(2)]
(i) Before an employee enters a bin containing a bulk commodity such as coal or sugar, the employer shall ensure that: [§1917.49(i)]
(1) Personnel controlling the flow of cargo into the bin have been notified of the entry; [§1917.49(i)(1)]
(2) The power supply to the equipment carrying the cargo to the bin is turned off, locked out and tagged. [§1917.49(i)(2)]
(3) The employee entering the bin wears a lifeline and safety harness; and [§1917.49(i)(3)]
(4) A standby attendant equipped to perform a rescue is continuously stationed outside the bin until the employee has left the bin. [§1917.49(i)(4)]
(j) Bin top openings that present a hazard to employees shall be covered to prevent employees from falling into bins. [§1917.49(j)]
(k) Chutes and hoppers shall be repaired only by designated persons. [§1917.49(k)]
(l) (1) Before power shoveling operations begin, a designated person shall inspect the equipment to be used. The inspection shall include at least the eye bolts, wires, and sheaves. [§1917.49(l)(1)]
(2) Power shovels and associated equipment with defects affecting safe operation shall not be used. [§1917.49(l)(2)]
(3) Before adjustments are made to a power shovel, wire, or associated equipment, the power supply to the shovel shall be turned off, locked out, and tagged, the belt stopped, and the hopper closed. [§1917.49(l)(3)]
§1917.50
Certification of marine terminal material handling devices (See also mandatory appendix I, of this part)
(a) The employer shall not use any material handling device listed in paragraph (c) of this section until he has ascertained that the device has been certificated, as evidenced by current and valid documents attesting to compliance with the requirements of paragraph (b) of this section. [§1917.50(a)]
(1) Certification surveys are to be completed for the conditions of use found at the time such surveys are completed, with the understanding that equipment owners/users can change the configurations of the equipment according to the manufacturer's specifications without affecting the established certification status for the equipment. [§1917.50(a)(1)]
(2) In cases of foreign manufactured cranes, there shall be an owner's warranty that the design is adequate for the intended use. The warranty shall be based on a thorough examination of the design specifications by a registered professional engineer familiar with the equipment. [§1917.50(a)(2)]
(b) The certifications required by this section shall be performed: [§1917.50(b)]
(1) In accordance with part 1919 of this chapter, by persons then currently accredited by the Occupational Safety and Health Administration as provided in that part; or [§1917.50(b)(1)]
(2) In accordance with standards established and enforced by the state in which the device is located or by a political subdivision thereof, which have been found by the Secretary to be compatible with part 1919 of this chapter, by persons designated as competent to perform such certification by competent state authority and recognized as such by the Secretary.
[§1917.50(b)(2)]
(c) The marine terminal material handling devices listed below shall be certificated in the following manner: [§1917.50(c)]
(1) Each crane and derrick shall be tested as a unit quadrennially, and shall be examined annually. Certificates of tests and examinations shall be made readily available for inspection.
[§1917.50(c)(1)]
(2) Bulk cargo spouts and suckers, together with any portable extensions and rigging or outriggers supporting them vertically, shall be examined annually. Certificates attesting to the required examination shall be made readily available for inspection. [§1917.50(c)(2)]
(3) Vertical pocket or bucket conveyors such as banana, sugar, and grain marine legs (other than those within a grain elevator structure) used within a marine terminal facility shall be examined annually. The annual examination shall include all supporting structures, rigging and mechanical components and observation of all steps of operations. Certificates attesting to the required examinations shall be readily available for inspection. [§1917.50(c)(3)]
(4) (i) House fall cargo-handling gear in use shall be proof load tested as a unit upon initial certification and every fourth year thereafter. An examination shall be carried out in conjunction with each unit proof load test and annually thereafter. The unit test shall consist of a proof load of 25 percent in excess of the rated safe working load. Examinations shall include all supporting structures and components. Certificates attesting to the required tests and examinations shall be readily available for inspection. [§1917.50(c)(4)(i)]
(ii) House fall span beams or other house fall block supports shall be marked with the safe working load, which shall not be exceeded. [§1917.50(c)(4)(ii)]
(5) Special gear. [§1917.50(c)(5)]
(i) Special stevedoring gear provided by the employer, the strength of which depends upon components other than commonly used stock items such as shackles, ropes, or chains, and that has a Safe Working Load (SWL) greater than five short tons (10,000 lbs or 4.54 metric tons) shall be inspected and tested as a unit before initial use (see Table A in paragraph (c)(5)(ii) of this section). In addition, any special
Terminals handling intermodal containers or roll-on roll-off operations
stevedoring gear that suffers damage necessitating structural repair shall be inspected and retested after repair and before being returned to service. [§1917.50(c)(5)(i)]
(ii) Special stevedoring gear provided by the employer that has a SWL of five short tons (10,000 lbs or 4.54 metric tons) or less shall be inspected and tested as a unit before initial use according to paragraphs (d) and (e) of this section or by a designated person (see Table A in this paragraph (c)(5)(ii)). [§1917.50(c)(5)(ii)]
Table A
From 20 through 50 short tons (18.1 to 45.4 metric tons 5 short tons in excess.
Over 50 short tons (45.4 metric tons)10 percent in excess.
(iii) Every spreader that is not a part of ship's gear and is used for handling intermodal containers shall be inspected and tested before initial use to a proof load equal to 25 percent greater than its rated capacity. In addition, any spreader that suffers damage necessitating structural repair shall be inspected and retested after repair and before being returned to service. [§1917.50(c)(5)(iii)]
(iv) All cargo handling gear covered by this section with a SWL greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be proof load tested according to Table A of this section every 4 years in accordance with paragraph (b) of this section or by a designated person. [§1917.50(c)(5)(iv)]
(v) Certificates and inspection and test records attesting to the tests required by this section shall be available for inspection.
[§1917.50(c)(5)(v)]
(6) Wire rope and loose gear obtained after October 3, 1983, and used for material handling shall have been tested and certificated before being placed into use in accordance with the provisions of paragraphs (a), (c), and (d) of §§1919.31 and 1919.32 through 1919.34 of this chapter as applicable. Certificates attesting to the required tests, inspections and examinations shall be available. [§1917.50(c)(6)]
(d) Disassembly and reassembly of equipment does not require recertification of the equipment provided that the equipment is reassembled and used in a manner consistent with its certification.
[§1917.50(d)]
(e) For equipment certificated in accordance with paragraph (b)(2) of this section and transferred to a job site in another state, the current certification shall remain valid until the next inspection or examination becomes due. [§1917.50(e)]
(f) Certification procedures shall not be construed as a substitute for, or cause for elimination of, normal operational inspection and maintenance routine throughout the year. [§1917.50(f)]
(g) (1) Every unit of equipment requiring quadrennial certification shall have had such quadrennial certification within the previous 48 months. Equipment requiring annual certification shall have had such annual certification within the previous 12 months, except that no annual certification is required within 12 months after any required quadrennial certification. Annual examinations for certification may be accomplished up to one month early without effect on subsequent due dates. [§1917.50(g)(1)]
(2) When certificated equipment is out of service for 6 months or more beyond the due date of a certification inspection, an examination equivalent to an initial certification, including unit proof load test, shall be performed before the equipment reenters service. [§1917.50(g)(2)]
(h) Loose gear obtained after October 3, 1983 shall bear a legible mark indicating that it has been tested (see paragraph (c)(6) of this section). Single sheave blocks shall be marked with safe working loads and proof test loads. Marks relating to testing shall be identifiable on the related certificates, which shall be available. [§1917.50(h)]
(i) Safe working load. [§1917.50(i)]
(1) The safe working load of gear as specified in this section shall not be exceeded. [§1917.50(i)(1)]
(2) All cargo handling gear provided by the employer with a safe working load greater than five short tons (10,000 lbs. or 4.54 metric tons) shall have its safe working load plainly marked on it. [§1917.50(i)(2)]
(j) Exceptions: The certification requirements of this section do not apply to the following equipment: [§1917.50(j)]
(1) Small industrial crane trucks as described on page 8 and illustrated on page 13 of ASME B56.1, 1959, “Safety Code for Powered Industrial Trucks”, and powered industrial trucks; [§1917.50(j)(1)]
(2) Any straddle truck not capable of straddling two or more intermodal containers 16 feet (4.88 m) in width; and [§1917.50(j)(2)]
(3) Gear used only for handling or holding hoses, handling ship's stores or handling the gangway. [§1917.50(j)(3)]
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, 1996; 62 FR 40200, July 25, 1997; 64 FR 61506, Nov. 12, 1999; 65 FR 40940, June 30, 2000]
§1917.51
Hand tools
(a) Hand tools used by employees shall be maintained in safe operating condition. [§1917.51(a)]
(b) (1) Hand-held portable electric tools shall be equipped with switches that must be manually held in a closed position to operate the tool. [§1917.51(b)(1)]
(2) Portable power-driven circular saws shall be equipped with guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc needed to permit the base to be tilted for bevel cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc needed to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to the covering position. [§1917.51(b)(2)]
(c) Only cutting tools shall be used to cut metal strapping or banding used to secure cargo. [§1917.51(c)]
Subpart D – Specialized Terminals
§1917.70
General
The provisions of this subpart D shall apply to specialized terminals in addition to any other applicable requirements of this part.
§1917.71
Terminals handling intermodal containers or roll-on roll-off operations
(a) Every intermodal container shall be legibly and permanently marked with: [§1917.71(a)]
(1) The weight of the container when empty, in pounds; [§1917.71(a)(1)]
(2) The maximum cargo weight the container is designed to carry, in pounds; and [§1917.71(a)(2)]
(3) The sum of the weight of the container and the cargo, in pounds. [§1917.71(a)(3)]
(b) No container shall be hoisted by any crane or derrick unless the following conditions have been met: [§1917.71(b)]
(1) The employer shall ascertain from the carrier whether a container to be hoisted is loaded or empty. Empty containers shall be identified before loading or discharge in such a manner as will inform every supervisor and foreman on the site and in charge of loading or discharging, or every crane or other hoisting equipment operator and signalman, if any, that such container is empty. Methods of identification may include cargo plans, manifests or markings on the container.
[§1917.71(b)(1)]
(2) In the case of a loaded container: [§1917.71(b)(2)]
(i) The actual gross weight shall be plainly marked so as to be visible to the crane or other hoisting equipment operator or signalman, or to every supervisor and foreman on the site and in charge of the operation; or [§1917.71(b)(2)(i)]
(ii) The cargo stowage plan or equivalent permanently recorded display serving the same purpose, containing the actual gross weight and the serial number or other positive identification of that specific container, shall be provided to the crane or other hoisting equipment operator and signalman, if any, and to every supervisor and foreman on the site and in charge of the operation. [§1917.71(b)(2)(ii)]
(3) Every outbound loaded container which is received at a marine terminal ready to load aboard a vessel without further consolidation or loading shall be weighed to obtain the actual gross weight, either at the terminal or elsewhere, before being hoisted. [§1917.71(b)(3)]
(4) (i) When container weighing scales are located at a marine terminal, any outbound container with a load consolidated at that terminal shall be weighed to obtain an actual weight before being hoisted. [§1917.71(b)(4)(i)]
(ii) If the terminal has no scales, the actual gross weight may be calculated on the basis of the container's contents and the container's empty weight. The weights used in the calculation
Part 1917 – Marine Terminals
shall be posted conspicuously on the container, with the name of the person making the calculation and the date.
[§1917.71(b)(4)(ii)]
(5) Open type vehicle carrying containers and those built specifically and used solely for the carriage of compressed gases are excepted from paragraphs (b)(3) and (b)(4) of this section.
[§1917.71(b)(5)]
(6) Closed dry van containers carrying vehicles are exempted from paragraph (b)(4) of this section provided that: [§1917.71(b)(6)]
(i) The container carries only completely assembled vehicles and no other cargo; [§1917.71(b)(6)(i)]
(ii) The container is marked on the outside in such a manner that an employee can readily discern that the container is carrying vehicles; and [§1917.71(b)(6)(ii)]
(iii) The vehicles were loaded into the container at the marine terminal. [§1917.71(b)(6)(iii)]
(7) The weight of loaded inbound containers from foreign ports shall be determined by weighing or by the method of calculation described in paragraph (b)(4)(ii) of this section or by shipping documents. [§1917.71(b)(7)]
(8) Any scale used within the United States to weigh containers for the purpose of the requirements of this section shall meet the accuracy standards of the state or local public authority in which the scale is located. [§1917.71(b)(8)]
(c) No container or containers shall be hoisted if their actual gross weight exceeds the weight marked as required in paragraph (a)(2) of this section, or if it exceeds the capacity of the crane or other hoisting device intended to be used. [§1917.71(c)]
(d) (1) Marked or designated areas shall be set aside within a container or roll-on roll-off terminal for passage of employees to and from active cargo transfer points, except where transportation to and from those points is provided by the employer.
[§1917.71(d)(1)]
(2) The employer shall direct employees to stay clear of the area beneath a suspended container. [§1917.71(d)(2)]
(e) Each employee working in the immediate area of container handling equipment or in the terminal's traffic lanes shall wear a high visibility vest (or equivalent protection).8 [§1917.71(e)]
Note to paragraph (e): High visibility vests or equivalent protection means high visibility/ retro-reflective materials which are intended to make the user clearly visible by day through the use of high visibility (fluorescent) material and in the dark by vehicle headlights through the use of retro-reflective material. For example, an acceptable area of material for a vest or equivalent protection is .5 m2 (760 in.2) for fluorescent (background) material and .13m2 (197 in.2) for retro-reflective material. Vests or equivalent protection, such as high visibility/retro-reflective coveralls, that are available for industrial use, may also be acceptable.
(f) Containers shall be handled using lifting fittings or other arrangements suitable and intended for the purpose as set forth in paragraphs (f)(1) through (f)(4) of this section, unless damage to an intermodal container makes special means of handling necessary.
[§1917.71(f)]
(1) Loaded intermodal containers of 20 feet (6.1 m) or more in length shall be hoisted as follows: [§1917.71(f)(1)]
(i) When hoisting containers by the top fittings, the lifting forces shall be applied vertically from at least four such fittings. A less than vertical lift is permitted only under the following conditions:
[§1917.71(f)(1)(i)]
[A] The container being lifted is an ISO closed box container; [§1917.71(f)(1)(i)[A]]
[B] The condition of the box is sound; [§1917.71(f)(1)(i)[B]]
[C] The speed of hoisting and lowering is moderated when heavily ladened containers9 are encountered; [§1917.71(f)(1)(i)[C]]
[D] The lift angle is at 80 to 90 degrees; [§1917.71(f)(1)(i)[D]]
[E] The distance between the lifting beam and the load is at least 8 feet and 2.4 inches (2.5 m); and [§1917.71(f)(1)(i)[E]]
[F] The length of the spreader beam is at least 16.3 feet (5 m) for a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot container. [§1917.71(f)(1)(i)[F]]
(ii) If hoisted from bottom fittings, the hoisting connections shall bear on the fittings only, making no other contact with the container. The angles of the four bridle legs shall not be less than 30° to the horizontal in the case of 40 foot (12.2 m) containers, 37° in the case of 30 foot (9.1 m) containers, and 45° in the case of 20 foot (6.1 m) containers. [§1917.71(f)(1)(ii)]
(iii) Lifting containers by fork lift trucks or by grappling arms from above or from one side may be done only if the container is designed for this type of handling. [§1917.71(f)(1)(iii)]
8.Decals on hard hats will not be considered equivalent protection for the purposes of this paragraph.
9.A heavily laden container is one that is loaded to within 20 percent of its rated capacity.
(iv) Other means of hoisting may be used only if the containers and hoisting means are designed for such use.
[§1917.71(f)(1)(iv)]
(2) (i) When using intermodal container spreaders that employ lanyards for activation of load disengagement, all possible precautions shall be taken to prevent accidental release of the load. [§1917.71(f)(2)(i)]
(ii) Intermodal container spreader twistlock systems shall be designed and used so that a suspended load cannot accidentally be released. [§1917.71(f)(2)(ii)]
(3) Flat bed trucks or container chassis used to move intermodal containers shall be equipped with pins, flanges, or other means to prevent the container from shifting. [§1917.71(f)(3)]
(4) After July 27, 1998, flat bed, low boy trailers (mafis) and other similar equipment used to transport containers shall be marked with their cargo capacities and shall not be overloaded.
[§1917.71(f)(4)]
(5) Each tractor shall have all brake air lines connected when pulling trailers equipped with air brakes and shall have the brakes tested before commencing operations. [§1917.71(f)(5)]
(g) (1) Intermodal containers shall be inspected for defects in structural members or fittings before handling. [§1917.71(g)(1)]
(2) Any intermodal container found to be unsafe shall be identified as such, promptly removed from service and repaired before being returned to service. [§1917.71(g)(2)]
(h) Containers shall not be hoisted unless all engaged chassis twist locks are released. [§1917.71(h)]
(i) Vertical tandem lifts. The following requirements apply to operations involving the lifting of two or more intermodal containers by the top container (vertical tandem lifts or VTLs). These requirements do not apply to operations involving the lifting of two or more interconnected platform containers. [§1917.71(i)]
(1) Each employee involved in VTL operations shall be trained and competent in the safety-related work practices, safety procedures, and other requirements in this section that pertain to their respective job assignments. [§1917.71(i)(1)]
(2) No more than two intermodal containers may be lifted in a VTL. [§1917.71(i)(2)]
(3) Before the lift begins, the employer shall ensure that the two containers lifted as part of a VTL are empty. [§1917.71(i)(3)]
Note to paragraph (i)(3): The lift begins immediately following the end of the prelift required by paragraph (i)(5) of this section. Thus, the weight may be determined during the prelift using a load indicating device meeting §1917.46(a)(1)(i)(A) on the crane being used to lift the VTL.
(4) The lift shall be performed using either a shore-based container gantry crane or another type of crane that: [§1917.71(i)(4)]
(i) Has the precision control necessary to restrain unintended rotation of the containers about any axis, [§1917.71(i)(4)(i)]
(ii) Is capable of handling the load volume and wind sail potential of VTLs, and [§1917.71(i)(4)(ii)]
(iii) Is specifically designed to handle containers. [§1917.71(i)(4)(iii)]
(5) The employer shall ensure that the crane operator pauses the lift when the vertically coupled containers have just been lifted above the supporting surface to assure that each interbox connector is properly engaged. [§1917.71(i)(5)]
(6) Containers below deck may not be handled as a VTL.
[§1917.71(i)(6)]
(7) VTL operations may not be conducted when the wind speed exceeds the lesser of: [§1917.71(i)(7)]
(i) 55 km/h (34 mph or 30 knots) or [§1917.71(i)(7)(i)]
(ii) The crane manufacturer's recommendation for maximum wind speed. [§1917.71(i)(7)(ii)]
(8) The employer shall ensure that each interbox connector used in a VTL operation: [§1917.71(i)(8)]
(i) Automatically locks into corner castings on containers but only unlocks manually (manual twistlocks or latchlocks are not permitted); [§1917.71(i)(8)(i)]
(ii) Is designed to indicate whether it is locked or unlocked when fitted into a corner casting; [§1917.71(i)(8)(ii)]
(iii) Locks and releases in an identical direction and manner as all other interbox connectors in the VTL; [§1917.71(i)(8)(iii)]
(iv) Has been tested and certificated by a competent authority authorized under §1918.11 of this chapter (for interbox connectors that are part of a vessel's gear) or §1917.50 (for other interbox connectors): [§1917.71(i)(8)(iv)]
[A] As having a load-bearing surface area of 800 mm2 when connected to a corner casting with an opening that is 65.0 mm wide; and [§1917.71(i)(8)(iv)[A]]
[B] As having a safe working load of 98 kN (10,000 kg) with a safety factor of five when the load is applied by means of two corner castings with openings that are 65.0 mm wide or equivalent devices; [§1917.71(i)(8)(iv)[B]]
(v) Has a certificate that is available for inspection and that attests that the interbox connector meets the strength criteria given in paragraph (i)(8)(iv) of this section; and [§1917.71(i)(8)(v)]
(vi) Is clearly and durably marked with its safe working load for lifting and an identifying number or mark that will enable it to be associated with its test certificate. [§1917.71(i)(8)(vi)]
(9) The employer shall ensure that each container and interbox connector used in a VTL and each corner casting to which a connector will be coupled is inspected immediately before use in the VTL. [§1917.71(i)(9)]
(i) Each employee performing the inspection shall be capable of detecting defects or weaknesses and be able to assess their importance in relation to the safety of VTL operations. [§1917.71(i)(9)(i)]
(ii) The inspection of each interbox connector shall include: a visual examination for obvious structural defects, such as cracks; a check of its physical operation to determine that the lock is fully functional with adequate spring tension on each head; and a check for excessive corrosion and deterioration. [§1917.71(i)(9)(ii)]
(iii) The inspection of each container and each of its corner castings shall include: a visual examination for obvious structural defects, such as cracks; a check for excessive corrosion and deterioration; and a visual examination to ensure that the opening to which an interbox connector will be connected has not been enlarged, that the welds are in good condition, and that it is free from ice, mud or other debris.
[§1917.71(i)(9)(iii)]
(iv) The employer shall establish a system to ensure that each defective or damaged interbox connector is removed from service. [§1917.71(i)(9)(iv)]
(v) An interbox connector that has been found to be defective or damaged shall be removed from service and may not be used in VTL operations until repaired. [§1917.71(i)(9)(v)]
(vi) A container with a corner casting that exhibits any of the problems listed in paragraph (i)(9)(iii) of this section may not be lifted in a VTL. [§1917.71(i)(9)(vi)]
(vii) The requirements of paragraph (i)(9) of this section do not apply to ship-to-shore VTLs. [§1917.71(i)(9)(vii)]
(j) Transporting vertically coupled containers. [§1917.71(j)]
(1) Equipment other than cranes used to transport vertically connected containers shall be either specifically designed for this application or evaluated by a qualified engineer and determined to be capable of operating safely in this mode of operation. [§1917.71(j)(1)]
(2) The employer shall develop, implement, and maintain a written plan for transporting vertically connected containers. The written plan shall establish procedures to ensure safe operating and turning speeds and shall address all conditions in the terminal that could affect the safety of VTL-related operations, including communication and coordination among all employees involved in these operations. [§1917.71(j)(2)]
(k) Safe work zone. The employer shall establish a safe work zone within which employees may not be present when vertically connected containers are in motion. [§1917.71(k)]
(1) The safe work zone shall be sufficient to protect employees in the event that a container drops or overturns. [§1917.71(k)(1)]
(2) The written transport plan required by paragraph (j)(2) of this section shall include the safe work zone and procedures to ensure that employees are not in this zone when a VTL is in motion. [§1917.71(k)(2)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40200, July 25, 1997; 65 FR 40940, June 30, 2000; 73 FR 75289, Dec. 10, 2008; 79 FR 22020, Apr. 21, 2014]
§1917.73
Terminal facilities handling menhaden and similar species of fish (see also §1917.2, definition of hazardous cargo, material, substance or atmosphere)
(a) (1) Tanks in terminal areas used for receiving or storing bailwater for recirculating into vessel holds in discharging operations shall be opened or ventilated to minimize contamination of water circulated to the vessel. Bailwater tanks shall be thoroughly drained upon completion of each day's operations and shall be left open to the air. Drainage is unnecessary when bailwater has been treated to remove hydrogen sulfide-producing contaminants and the efficiency of such treatment has been established by the employer. [§1917.73(a)(1)]
(2) Before employees enter a dock tank, it shall first be drained, rinsed and tested for hydrogen sulfide and oxygen deficiency. Employees shall not enter the tank when the hydrogen sulfide level exceeds 20 ppm or oxygen content is less than 19.5 percent, except in emergencies. [§1917.73(a)(2)]
(3) Tests shall be conducted by designated personnel with suitable test equipment and respiratory protective equipment complying with the provisions of §1910.134 of this chapter. [§1917.73(a)(3)]
(b) Pipelines and hoses on the dock or terminal used for receiving and circulating used bailwater shall be completely drained upon completion of each day's operation and left open to the air. [§1917.73(b)]
(c) At least four units of respiratory protective equipment consisting of supplied-air respirators or self-contained breathing apparatus complying with the requirements of §1910.134 of this chapter shall be available in a suitably labeled cabinet for immediate use in case of emergency caused by oxygen deficiency or hydrogen sulfide. Any employee entering a tank in an emergency shall, in addition to respiratory protective equipment, wear a lifeline and safety harness to facilitate rescue. At least two other employees, similarly equipped, shall be continuously stationed outside the tank to observe and to provide rescue services. [§1917.73(c)]
(d) The plant superintendent and foremen shall be trained and knowledgeable about the hazards of hydrogen sulfide and oxygen deficiency. They shall be trained in the use of appropriate respiratory and other protective equipment, and in rescue procedures. Other supervisory plant personnel shall be informed of these hazards and instructed in the necessary safety measures, including use of respiratory and rescue equipment. [§1917.73(d)]
(e) Supervisory personnel shall be on hand at dockside to supervise discharging of bailwater from vessels. [§1917.73(e)]
[48 FR 30909, July 5, 1983, as amended at 65 FR 40940, June 30, 2000]
Subpart E – Personal Protection
§1917.91
Eye and face protection
(a) (1) (i) The employer shall ensure that each affected employee uses protective eye and face protection devices that comply with any of the following consensus standards: [§1917.91(a)(1)(i)]
[A] ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in §1917.3; [§1917.91(a)(1)(i)[A]]
[B] ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in §1917.3 or; [§1917.91(a)(1)(i)[B]]
[C] ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, incorporated by reference in §1917.3; [§1917.91(a)(1)(i)[C]]
(ii) Protective eye and face protection devices that the employer demonstrates are at least as effective as protective eye and face 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. [§1917.91(a)(1)(ii)]
(2) For employees wearing corrective spectacles, eye protection equipment required by paragraph (a)(1) of this section must be of a type which can be worn over spectacles. Prescription ground safety lenses may be substituted if they provide equivalent protection. [§1917.91(a)(2)]
(3) For additional requirements covering eye protection against radiant energy, see §1917.152(h). [§1917.91(a)(3)]
(b) Eye protection equipment shall be maintained in good condition. [§1917.91(b)]
(c) Used eye protection equipment shall be cleaned and disinfected before reissuance to another employee. [§1917.91(c)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 74 FR 46359, Sept. 9, 2009; 81 FR 16091, Mar. 25, 2016]
§1917.92
Respiratory protection (See §1917.1(a)(2)(x)).
[65 FR 40941, June 30, 2000]
§1917.93
Head protection
(a) The employer shall ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects. [§1917.93(a)]
(b) (1) The employer must ensure that head protection complies with any of the following consensus standards: [§1917.93(b)(1)]
(i) American National Standards Institute (ANSI) Z89.1-2009, "American National Standard for Industrial Head Protection," incorporated by reference in §1917.3; [§1917.93(b)(1)(i)]
(ii) American National Standards Institute (ANSI) Z89.1-2003, "American National Standard for Industrial Head Protection," incorporated by reference in §1917.3; or [§1917.93(b)(1)(ii)]
(iii) American National Standards Institute (ANSI) Z89.1-1997, "American National Standard for Personnel Protection —
Part 1917 – Marine Terminals
Protective Headwear for Industrial Workers — Requirements," incorporated by reference in §1917.3.
[§1917.93(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. [§1917.93(b)(2)]
(c) Protective hats previously worn shall be cleaned and disinfected before issuance by the employer to another employee. [§1917.93(c)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 74 FR 46359, Sept. 9, 2009; 77 FR 37599, June 22, 2012]
§1917.94
Foot protection
(a) The employer shall ensure that each affected employee wears protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects or objects piercing the sole. [§1917.94(a)]
(b) (1) The employer must ensure that protective footwear complies with any of the following consensus standards: [§1917.94(b)(1)]
(i) ASTM F-2412-2005, “Standard Test Methods for Foot Protection,” and ASTM F-2413-2005, “Standard Specification for Performance Requirements for Protective Footwear,” which are incorporated by reference in §1917.3; [§1917.94(b)(1)(i)]
(ii) ANSI Z41-1999, “American National Standard for Personal Protection — Protective Footwear,” which is incorporated by reference in §1917.3; or [§1917.94(b)(1)(ii)]
(iii) ANSI Z41-1991, “American National Standard for Personal Protection — Protective Footwear,” which is incorporated by reference in §1917.3. [§1917.94(b)(1)(iii)]
(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. [§1917.94(b)(2)]
[62 FR 40201, July 25, 1997, as amended at 74 FR 46359, Sept. 9, 2009] §1917.95
Other protective measures
(a) Protective clothing. [§1917.95(a)]
(1) Employees performing work that requires special protective clothing shall be directed by the employer to wear the necessary special protective clothing. [§1917.95(a)(1)]
(2) When necessary, protective clothing previously worn shall be cleaned and disinfected before reissuance. [§1917.95(a)(2)]
(b) Personal flotation devices (PFDs). [§1917.95(b)]
(1) The employer shall provide, and shall direct the wearing of PFDs for those employees, such as line handlers, who are engaged in work in which they may be pulled into the water: [§1917.95(b)(1)]
(i) When such employees are working in isolation, or [§1917.95(b)(1)(i)]
(ii) Where physical limitations of available working space creates a hazard of falling into the water, or [§1917.95(b)(1)(ii)]
(iii) Where the work area is obstructed by cargo or other obstacles so as to prevent employees from obtaining safe footing for their work. [§1917.95(b)(1)(iii)]
(2) PFDs (life preservers, life jackets, or work vests) worn by each affected employee must be United States Coast Guard (USCG) approved pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for use as a work vest, for commercial use, or for use on vessels. [§1917.95(b)(2)]
(3) Personal flotation devices shall be maintained in safe condition and shall be considered unserviceable when damaged so as to affect buoyancy or fastening capability. [§1917.95(b)(3)]
(c) Emergency facilities. When employees are exposed to hazardous substances which may require emergency bathing, eye washing or other facilities, the employer shall provide such facilities and maintain them in good working order. [§1917.95(c)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 FR 40941, June 30, 2000]
§1917.96
Payment for protective equipment
(a) Except as provided by paragraphs (b) through (f) 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. [§1917.96(a)]
(b) 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. [§1917.96(b)]
(c) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in
metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots. [§1917.96(c)]
(d) The employer is not required to pay for: [§1917.96(d)]
(1) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or [§1917.96(d)(1)]
(2) 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. [§1917.96(d)(2)]
(e) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE. [§1917.96(e)]
(f) Where an employee provides adequate protective equipment he or she owns, 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 (b) through (e) of this section. [§1917.96(f)]
(g) This section shall become effective on February 13, 2008. Employers must implement the PPE payment requirements no later than May 15, 2008. [§1917.96(g)]
Note to §1917.96: 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.
[72 FR 64429, Nov. 15, 2007]
Subpart F – Terminal Facilities
§1917.111
Maintenance and load limits
(a) The structural integrity of docks, piers, wharves, terminals and working surfaces shall be maintained. [§1917.111(a)]
(b) Maximum safe load limits, in pounds per square foot (kilograms per square meter), of floors elevated above ground level, and pier structures over the water shall be conspicuously posted in all cargo areas. [§1917.111(b)]
(c) Maximum safe load limits shall not be exceeded. [§1917.111(c)]
(d) All walking and working surfaces in the terminal area shall be maintained in good repair. [§1917.111(d)]
§1917.112 Guarding of edges
(a) Vehicle protection. [§1917.112(a)]
(1) Vehicle curbs, bull rails, or other effective barriers at least six inches (15.24 cm) in height shall be provided at the waterside edges of aprons and bulkheads, except where vehicles are prohibited. Curbs or bull rails installed after October 3, 1983, shall be at least 10 inches (25.4 cm) in height. [§1917.112(a)(1)]
(2) The provisions of paragraph (a)(1) of this section also apply at the edge of any fixed level above the common floor area from which vehicles may fall, except at loading docks, platforms and skids where cargo is moved by vehicles. [§1917.112(a)(2)]
(b) Employee protection. [§1917.112(b)]
(1) Guardrails shall be provided at locations where employees are exposed to floor or wall openings or waterside edges, including bridges or gangway-like structures leading to pilings or vessel mooring or berthing installations, which present a hazard of falling more than 4 feet (1.22 m) or into the water, except as specified in paragraph (b)(2) of this section. [§1917.112(b)(1)]
(2) Guardrails are not required: [§1917.112(b)(2)]
(i) At loading platforms and docks; [§1917.112(b)(2)(i)]
(ii) At waterside edges used for cargo handling; [§1917.112(b)(2)(ii)]
(iii) On the working sides of work platforms, skids or similar workplaces; or [§1917.112(b)(2)(iii)]
(iv) On railroad rolling stock, highway vehicles, intermodal containers or similar equipment. [§1917.112(b)(2)(iv)]
(3) Where guardrails are impracticable due to machinery requirements or work processes, an alternate means of protecting employees from falling, such as nets, shall be used. [§1917.112(b)(3)]
(c) Criteria for guardrails. Guardrails shall meet the following criteria:
[§1917.112(c)]
(1) They shall be capable of withstanding a force of at least 200 pounds (890 N) applied in any direction at mid-span of the top rail (when used), or at the uppermost point if there is no top rail. [§1917.112(c)(1)]
(2) If not of solid baluster, grillwork, slatted or similar construction, guardrails shall consist of top rails and midrails. Midrails, when used, shall be positioned at approximately half the height of the top rail. [§1917.112(c)(2)]
(3) The top surface of guardrails installed before October 3, 1983, shall be at least 36 inches (0.91 m) high. Those installed after
October 3, 1983, shall be 42 inches (1.07 m), plus or minus 2 inches (5.1 cm), high. [§1917.112(c)(3)]
(4) Any non-rigid railing such as chain or wire rope shall have a maximum sag limit at the mid-point between posts of not more than 6 inches (15.24 cm). [§1917.112(c)(4)]
(5) Top rails shall be free of puncture and laceration hazards. [§1917.112(c)(5)]
(6) Rail ends shall not overhang to constitute a hazard, but this does not prohibit scrollwork, boxed ends or similar non-hazardous projections. [§1917.112(c)(6)]
(d) Toeboards. Toeboards shall be provided when employees below could be exposed to falling objects such as tools. Toeboards shall be at least 31⁄2 inches (8.9 cm) in height from top edge to floor level, and be capable of withstanding a force of 50 pounds (222 N) applied in any direction. Drainage clearance under toeboards is permitted. [§1917.112(d)]
(e) Stair railings. Stair railings shall be capable of withstanding a force of at least 200 pounds (890 N) applied in any direction, and shall not be more than 36 inches (0.91 m) nor less than 32 inches (0.81 m) in height from the upper top rail surface to the tread surface in line with the leading edge of the tread. Railings and midrails shall be provided at any stairway having four or more risers, as follows: [§1917.112(e)]
(1) For stairways less than 44 inches (1.12 m) wide, at least one railing; and [§1917.112(e)(1)]
(2) For stairways more than 44 inches (1.12 m) but less than 88 inches (2.24 m) wide, a stair rail or handrail on each side, and if 88 or more inches wide, an additional intermediate handrail.
[§1917.112(e)(2)]
(f) Condition. Railings shall be maintained free of sharp edges and in good repair. [§1917.112(f)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 FR 40941, June 30, 2000]
§1917.113
Clearance heights
Clearance heights shall be prominently posted where the height is insufficient for vehicles and equipment.
§1917.114
Cargo doors
(a) Mechanically operated. [§1917.114(a)]
(1) Cargo door counterweights shall be guarded. [§1917.114(a)(1)]
(2) Lift trucks and cranes shall not be used to move mechanically operated doors except when necessary during repair on the doors, in which case ropes or other guarding shall be provided to prevent entry into the area where the door may fall or slide.
[§1917.114(a)(2)]
(3) Vertically operated doors partially opened for work or ventilation shall be secured to prevent accidental closing.
[§1917.114(a)(3)]
(b) Tackle operated. [§1917.114(b)]
(1) The door shall be connected to its lifting tackle with shackles or equally secure means. [§1917.114(b)(1)]
(2) Lifting bridles and tackles shall have a safety factor of five, based upon maximum anticipated static loading conditions. [§1917.114(b)(2)]
(3) Devices shall be provided to hold overhead doors in the open position and to secure them when closed. [§1917.114(b)(3)]
(4) Lifting gear and hardware shall be maintained in safe condition. [§1917.114(b)(4)]
(5) Lifting ropes, when used, shall be placed out of the work area and off the floor. [§1917.114(b)(5)]
(c) Horizontal sliding. [§1917.114(c)]
(1) Horizontal sliding door rollers shall be constructed to prevent the door from jumping from overhead tracks. [§1917.114(c)(1)]
(2) Sliding doors shall be secured to prevent them from swinging. [§1917.114(c)(2)]
§1917.115
Platforms and skids
(a) Platforms and skids extending from piers, transit sheds or lofts and used for landing or hooking on drafts shall be provided at the open sides with guardrails meeting the requirements of §1917.112(c) or alternate means, such as nets, to protect employees against falls. [§1917.115(a)]
(b) Any employee working below a second-story platform or skid shall be protected from falling objects by a net stretched from the platform or skid to the vessel. [§1917.115(b)]
(c) Platforms and skids shall be strong enough to bear the loads handled and shall be maintained in safe condition. Safe working loads, which shall be posted or marked on or adjacent to platforms and skids, shall have a minimum safety factor of five for any part,
based upon maximum anticipated static loading conditions and the ultimate strength of the construction material. [§1917.115(c)]
(d) The employer shall provide and maintain platform and skid attachments that will prevent accidental movement of the skid or platform. [§1917.115(d)]
§1917.116
Elevators and escalators
(a) “Elevator” means a permanent hoisting and lowering mechanism with a car or platform moving vertically in guides and serving two or more floors of a structure. The term excludes such devices as conveyors, tiering or piling machines, material hoists, skip or furnace hoists, wharf ramps, lift bridges, car lifts and dumpers. [§1917.116(a)]
(b) “Escalator” means a power-driven continuous moving stairway principally intended for the use of persons. [§1917.116(b)]
(c) No elevator or escalator with a defect which affects safety shall be used. [§1917.116(c)]
(d) Elevator safety devices shall not be overridden or made inoperable. [§1917.116(d)]
(e) Elevators and escalators shall be thoroughly inspected at intervals not exceeding one year. Additional monthly inspections for satisfactory operation shall be conducted by designated persons. Records of the results of the latest annual elevator inspections shall be posted in elevators. Records of annual escalator inspections shall be posted in the vicinity of the escalator or be available at the terminal. [§1917.116(e)]
(f) Elevator landing openings shall be provided with doors, gates or equivalent protection which shall be in place when the elevator is not at that landing, to prevent employees from falling into the shaft. [§1917.116(f)]
(g) The elevator's or escalator's maximum load limits shall be posted and not exceeded. Elevator load limits shall be posted conspicuously both inside and outside of the car. [§1917.116(g)]
(h) Elevators shall be operated only by designated persons except for automatic or door interlocking elevators which provide full shaft door closing and automatic car leveling. [§1917.116(h)]
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, 1996] §1917.117
Manlifts
(a) Inspection. Manlifts shall be inspected monthly by a designated person. Safety switches shall be checked weekly. Manlifts found to be unsafe shall not be operated until repaired. Inspections shall include at least the following: [§1917.117(a)] (1) Step fastenings; [§1917.117(a)(1)] (2) Rails; [§1917.117(a)(2)] (3) Rail supports and fastenings; [§1917.117(a)(3)] (4) Roller and slides; [§1917.117(a)(4)] (5) Belt and belt tension; [§1917.117(a)(5)] (6) Handholds and fastenings; [§1917.117(a)(6)] (7) Floor landings; [§1917.117(a)(7)] (8) Guardrails; [§1917.117(a)(8)] (9) Lubrication; [§1917.117(a)(9)] (10) Safety switches; [§1917.117(a)(10)] (11) Warning signs and lights; [§1917.117(a)(11)] (12) Illumination; [§1917.117(a)(12)] (13) Drive pulley; [§1917.117(a)(13)] (14) Bottom (boot) pulley and clearance; [§1917.117(a)(14)] (15) Pulley supports; [§1917.117(a)(15)] (16) Motor; [§1917.117(a)(16)] (17) Drive mechanism; [§1917.117(a)(17)] (18) Brake; [§1917.117(a)(18)] (19) Electrical switches; [§1917.117(a)(19)] (20) Vibration and misalignment; [§1917.117(a)(20)] (21) “Skip” on up or down run when mounting the step (indicating worn gears); and [§1917.117(a)(21)] (22) Emergency exit ladders. [§1917.117(a)(22)]
(b) Inspection records. Inspection records shall be kept for at least one year. The record of the most recent inspection shall be posted in the vicinity of the manlift or in the terminal. [§1917.117(b)]
(c) Emergency stop. An emergency stop device shall be available within easy reach from any position on the belt. [§1917.117(c)]
(d) Instructions. Manlift use instructions shall be conspicuously posted. [§1917.117(d)]
(e) Top floor warning sign and light. An illuminated sign and red light that are visible to the user shall be provided under the top floor opening of the manlift to warn the user to get off at that floor.
[§1917.117(e)]
(f) Bottom floor warning sign. A sign visible to descending passengers shall be provided to warn them to get off at the bottom floor.
[§1917.117(f)]
§1917.118
Part 1917 – Marine Terminals
(g) Upper limit stop. An automatic stop device shall be provided to stop the manlift when a loaded step passes the top landing, except that manlifts installed after October 3, 1983 shall have two such devices. [§1917.117(g)]
(h) Handholds and steps. Each step shall be provided with a corresponding handhold. [§1917.117(h)]
(i) Emergency ladder. A fixed emergency ladder accessible from any position on the lift and in accordance with the requirements of §1917.118(d) shall be provided for the entire run of the manlift. [§1917.117(i)]
(j) Landings. [§1917.117(j)]
(1) Clear and unobstructed landing spaces shall be provided at each level. Manlifts constructed after October 3, 1983 and that have a distance of 50 feet (15.24 m) or more between floor landings shall have an emergency landing every 25 feet (7.62 m) or less of manlift travel. [§1917.117(j)(1)]
(2) Open sides of emergency landings shall be protected by guardrails. [§1917.117(j)(2)]
(3) Floor landing entrances and exits shall be guarded by mazes, self-closing gates, or equivalent devices. [§1917.117(j)(3)]
(4) Landings shall be of sufficient size and strength to support 250 pounds (1,112 N). [§1917.117(j)(4)]
(k) Floor opening guards. The ascending sides of manlift floor openings shall be provided with cones or bevel guards to direct the user through the openings. [§1917.117(k)]
(l) Maintenance. Manlifts shall be equipped, maintained, and used in accordance with the manufacturer's specifications, which shall be available at the terminal. [§1917.117(l)]
(m) Bottom pulley. [§1917.117(m)]
(1) The lower pulley shall be supported by the lowest landing. [§1917.117(m)(1)]
(2) Sides of the bottom pulley support shall be guarded to prevent contact with the pulley or the steps. [§1917.117(m)(2)]
(n) Top clearance. A clearance of at least 11 feet (3.35 m) shall be provided between the top landing and the ceiling. [§1917.117(n)]
(o) Brakes. Manlifts shall be equipped with brakes that are: [§1917.117(o)]
(1) Self-engaging; [§1917.117(o)(1)]
(2) Electrically released; and [§1917.117(o)(2)]
(3) Capable of stopping and holding the manlift when the descending side is loaded with the maximum rated load. [§1917.117(o)(3)]
[48 FR 30909, July 5, 1983, as amended at 65 FR 40941, June 30, 2000] §1917.118
Fixed ladders
(a) Scope and applicability. This section applies to all fixed ladders except: [§1917.118(a)]
(1) Ladders forming an integral part of railway cars, highway carriers, cargo containers or other transportation carrier equipment; [§1917.118(a)(1)]
(2) Climbing devices such as step bolts or structural members of tanks and towers; [§1917.118(a)(2)]
(3) Ladders built into or vertically attached to tubular scaffold framing; and [§1917.118(a)(3)]
(4) Ladders used only for fire-fighting or emergency purposes. [§1917.118(a)(4)]
(b) Definitions. [§1917.118(b)]
(1) Cage (basket guard) means a barrier enclosing or nearly enclosing a ladder's climbing space and fastened to one or both of the ladder's side rails or to another structure. [§1917.118(b)(1)]
(2) Fixed ladder means a ladder, including individual rung ladders, permanently attached to a structure, building or piece of equipment. [§1917.118(b)(2)]
(3) Ladder safety device means a support system limiting an employee's drop or fall from the ladder, and which may incorporate friction brakes, lifelines and lanyards, or sliding attachments. [§1917.118(b)(3)]
(4) Well means a permanent complete enclosure around a fixed ladder, which is attached to the walls of the well. [§1917.118(b)(4)]
(c) Defects. [§1917.118(c)]
(1) Ladders with broken, split or missing rungs, steps or rails, broken welds or connections, corrosion or wastage or other defect which may affect safe use shall be removed from service. [§1917.118(c)(1)]
(2) Ladder repairs shall provide strength at least equivalent to that of the original ladder. [§1917.118(c)(2)]
(d) Ladder specifications. [§1917.118(d)]
(1) (i) Ladders installed before October 3, 1983, shall be capable of withstanding without damage a minimum concentrated load, applied uniformly over a 31⁄2 inch (8.9 cm) width at the rung center, of 200 pounds (890 N). [§1917.118(d)(1)(i)]
(ii) Ladders installed after October 3, 1983 shall be capable of withstanding 250 pounds (1,112 N) applied as described in paragraph (d)(1)(i) of this section. If used by more than one employee simultaneously, the ladder as a unit shall be capable of simultaneous additional loading in 250 pound (1,112 N) increments for each additional employee, applied to a corresponding number of rungs. The unit shall have a safety factor of four (4), based on ultimate strength, in the designed service. [§1917.118(d)(1)(ii)]
(2) (i) Ladders installed before October 3, 1983, shall have rungs evenly spaced from nine to 161⁄2 inches (22.9 to 41.9 cm) apart, center to center. [§1917.118(d)(2)(i)]
(ii) Ladders installed after October 3, 1983 shall have rungs evenly spaced from 12±2 inches (30.5±5.08 cm) apart, center to center. [§1917.118(d)(2)(ii)]
(3) (i) Ladders installed before October 3, 1983 shall have a width between side rails of at least 10 inches (25.4 cm).
[§1917.118(d)(3)(i)]
(ii) Ladders installed after October 3, 1983 shall have a width between side rails of at least 12 inches (30.48 cm).
[§1917.118(d)(3)(ii)]
(4) The minimum distance between the rung center line and the nearest permanent object behind the rung shall be 4 inches (10.16 cm), except that in ladders installed after October 3, 1983, the minimum distance shall be 7 inches (17.78 cm) unless physical limitations make a lesser distance, not less than 41⁄2 inches (11.43 cm), necessary. [§1917.118(d)(4)]
(5) When a ladder passes through an opening or past overhead obstructions, a minimum 24 inch (.61 m) clearance shall exist between the climbing side and any obstruction. Where this distance is less than 30 inches (0.76 m), a deflection device shall be installed for guidance through the opening.
[§1917.118(d)(5)]
(6) The side rails of ladders shall extend at least 36 inches (0.91 m) above the top landing surface, unless grab bars or equivalent holds are provided. [§1917.118(d)(6)]
(7) Ladders whose pitch exceeds 90° to the horizontal (slanting backward on the climbing side) shall not be used. [§1917.118(d)(7)]
(e) Protection against falls. [§1917.118(e)]
(1) Fixed ladders more than 20 feet (6.1 m) in height shall be provided with a cage, well, or ladder safety device. [§1917.118(e)(1)]
(2) When a well or cage is used, ladders with length of climb exceeding 30 feet (9.14 m) shall comply with the following provisions: [§1917.118(e)(2)]
(i) The ladder shall consist of multiple sections not exceeding 30 feet (9.14 m) each; [§1917.118(e)(2)(i)]
(ii) Each section shall be horizontally offset from adjacent sections, except as specified in paragraph (e)(2)(iv) of this section, and [§1917.118(e)(2)(ii)]
(iii) A landing platform capable of supporting a load of 100 pounds per square foot (4.79 kPa) and fitted with guardrails complying with §1917.112(c) shall be provided at least every 30 feet (9.14 m), except as specified in paragraph (e)(2)(iv) of this section. [§1917.118(e)(2)(iii)]
(iv) For ladders installed after October 3, 1983, offset sections and landing platforms are not required if hinged platforms capable of supporting 100 pounds per square foot (4.79 kPa), and which are kept closed except when opened for passage, are within the cage or well at intervals not exceeding 30 feet (9.14 m). [§1917.118(e)(2)(iv)]
(3) Ladders equipped with ladder safety devices shall have rest platforms; [§1917.118(e)(3)]
(i) Capable of supporting a load of 100 pounds per square foot (4.79 kPa); [§1917.118(e)(3)(i)]
(ii) Located at intervals of 150 feet (45.7 m) or less; and [§1917.118(e)(3)(ii)]
(iii) Protected by guardrails complying with §1917.112(c) of three sides. [§1917.118(e)(3)(iii)]
(4) Where used, ladder safety devices shall: [§1917.118(e)(4)]
(i) Be installed and maintained in accordance with the manufacturer's instructions, which shall be available for inspection; [§1917.118(e)(4)(i)]
(ii) Be repaired only with replacement parts having performance capability at least equal to that of the original parts; [§1917.118(e)(4)(ii)]
(iii) Have a connection length between carrier centerlines and safety belts of 10±2 inches (25.4±5.08 cm); and [§1917.118(e)(4)(iii)]
(iv) Be installed in a manner that does not reduce the ladder's structural capability. [§1917.118(e)(4)(iv)]
(5) Ladder cages or wells shall: [§1917.118(e)(5)]
(i) Be of rigid construction that allows unobstructed use but prevents an employee from falling through or dislodging the cage or well by falling against it; [§1917.118(e)(5)(i)]
(ii) Have smooth inner surfaces; [§1917.118(e)(5)(ii)]
Spiral stairways
(iii) Extend at least 36 inches (0.91m) above landings; and [§1917.118(e)(5)(iii)]
(iv) Extend to within 8 feet (2.44 m) above the ground or base, except that a maximum of 20 feet (6.1 m) is permitted where the cage or well would extend into traffic lanes. [§1917.118(e)(5)(iv)]
(6) Ladders installed after (effective date of standard) on radio, microwave communications, electrical power and similar towers, poles and structures, including stacks and chimneys, shall meet the requirements of this paragraph (e). [§1917.118(e)(6)]
(f) Individual rung ladders. Ladders consisting of individual rungs that are attached to walls, conical manhole sections or river cells shall: [§1917.118(f)]
(1) Be capable of supporting a load of 350 pounds (1557 N) without deformation; [§1917.118(f)(1)]
(2) Form a continuous ladder, uniformly spaced vertically from 12 inches to 16 inches (30.5 to 40.6 cm) apart, with a minimum width of 10 inches (25.4 cm) and projecting at least 41⁄2 inches (11.43 cm) from the wall; [§1917.118(f)(2)]
(3) Be so constructed that an employee's foot cannot slide off the ends; and [§1917.118(f)(3)]
(4) Be firmly attached and without sharp edges. [§1917.118(f)(4)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 FR 40941, June 30, 2000]
§1917.119
Portable ladders
(a) Scope and applicability. This section applies to all portable ladders, including job-made ladders for temporary use, unless otherwise specified. [§1917.119(a)]
(b) Standards for existing manufactured portable ladders. [§1917.119(b)]
(1) Rungs of manufactured portable ladders obtained before October 3, 1983, shall be capable of supporting a 200-pound (890 N) load without deformation. [§1917.119(b)(1)]
(2) Rungs shall be evenly spaced from 9 to 161⁄2 inches (22.9 to 41.9 cm), center to center. [§1917.119(b)(2)]
(3) Rungs shall be continuous members between rails. Each rung of a double-rung ladder (two side rails and a center rail) shall extend the full width of the ladder. [§1917.119(b)(3)]
(4) Width between side rails at the base of the ladder shall be at least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in overall length, and shall increase at least 1⁄4 inch (0.64 cm) for each additional 2 feet (0.61 m) of ladder length. [§1917.119(b)(4)]
(c) Standards for manufactured portable ladders. Portable manufactured ladders obtained after January 21, 1998 shall bear identification indicating that they meet the appropriate ladder construction requirements of the following standards: [§1917.119(c)]
ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders
ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders
ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic Ladders
(d) Standards for job-made portable ladders. Job-made ladders shall: [§1917.119(d)]
(1) Have a minimum and uniform distance between rungs of 12 inches (30.48 cm), center to center; [§1917.119(d)(1)]
(2) Are capable of supporting a 250-pound (1,112 N) load without deformation; and [§1917.119(d)(2)]
(3) Have a minimum width between side rails of 12 inches (30.48 cm) for ladders 10 feet (3.05 m) in height. Width between rails shall increase at least 1⁄4 inch (0.64 cm) for each additional 2 feet (0.61 m) of ladder length. [§1917.119(d)(3)]
(e) Maintenance and inspection. [§1917.119(e)]
(1) The employer shall maintain portable ladders in safe condition. Ladders with the following defects shall not be used and either shall be tagged as unusable if kept on the premises or shall be removed from the worksite: [§1917.119(e)(1)]
(i) Broken, split or missing rungs, cleats or steps; [§1917.119(e)(1)(i)]
(ii) Broken or split side rails; [§1917.119(e)(1)(ii)]
(iii) Missing or loose bolts, rivets or fastenings; [§1917.119(e)(1)(iii)]
(iv) Defective ropes; or [§1917.119(e)(1)(iv)]
(v) Any other structural defect. [§1917.119(e)(1)(v)]
(2) Ladders shall be inspected for defects prior to each day's use, and after any occurrence, such as a fall, which could damage the ladder. [§1917.119(e)(2)]
(f) Ladder usage. [§1917.119(f)]
(1) Ladders made by fastening rungs or devices across a single rail are prohibited. [§1917.119(f)(1)]
(2) Ladders shall not be used: [§1917.119(f)(2)]
(i) As guys, braces or skids; or [§1917.119(f)(2)(i)]
(ii) As platforms, runways or scaffolds. [§1917.119(f)(2)(ii)]
(3) Metal and wire-reinforced ladders with wooden side rails shall not be used when employees on the ladder might come into contact with energized electrical conductors. [§1917.119(f)(3)]
(4) Individual sections from different multi-sectional ladders or two or more single straight ladders shall not be tied or fastened together to achieve additional length. [§1917.119(f)(4)]
(5) Except for combination ladders, self-supporting ladders shall not be used as single straight ladders. [§1917.119(f)(5)]
(6) Unless intended for cantilever operation, non-self-supporting ladders shall not be used to climb above the top support point. [§1917.119(f)(6)]
(7) Ladders shall extend at least 36 inches (0.91 m) above the upper support level if employees are to leave or mount the ladder at that level, except that where such extension is impractical other equivalent means such as grab bars may be used to provide a hand grip. [§1917.119(f)(7)]
(8) Ladders shall be securely positioned on a level and firm base. [§1917.119(f)(8)]
(9) Ladders shall be fitted with slip-resistant bases and secured at top or bottom to prevent the ladder from slipping. [§1917.119(f)(9)]
(10) The employer shall direct that ladders shall be placed so that employees climbing are not exposed to injury from projecting objects or doors that open toward the ladder. [§1917.119(f)(10)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 FR 40941, June 30, 2000] §1917.120
Fixed stairways
(a) Definition. “Fixed stairway” means interior and exterior stairs serving machinery, tanks and equipment, and stairs to or from floors, platforms or pits. The term does not apply to stairs intended only for fire exit purposes, to articulated stairs (the angle of which changes with the rise and fall of the base support) or to stairs forming an intergral part of machinery. [§1917.120(a)]
(b) New installations. [§1917.120(b)]
(1) Fixed stairs installed after October 3, 1983 shall be positioned within the range of 30 degrees to 50 degrees to the horizontal with uniform riser height and tread width throughout each run and be capable of a minimum loading of 100 pounds per square foot (445 N) and a minimum concentrated load of 300 pounds (1,334 N) at the center of any treadspan. Riser height shall be from 6 to 7.5 inches (15.24 to 19.05 cm), stair width a minimum of 22 inches (55.88 cm) between vertical barriers, tread depth a minimum of 12±2 inches (30.48±5.08 cm), and tread nosing shall be straight leading edges. [§1917.120(b)(1)]
(2) Stair landings shall be at least 20 inches (50.8 cm) in depth. Where doors or gates open on a stairway, a landing platform shall be provided. Door swing shall not reduce effective standing area on the landing to less than 18 inches (45.72 cm) in depth. [§1917.120(b)(2)]
(3) Fixed stairs having four or more risers shall have stair railings or handrails complying with §1917.112(c)(1). [§1917.120(b)(3)]
(4) Railing height from tread surface at the riser face shall be 33±3 inches (83.82 cm ±7.62 cm). [§1917.120(b)(4)]
(5) Restricted areas. When physical features require stairs steeper than those provided for by paragraph (b)(1) of this section, stairs at angles of 50° to 75° from the horizontal may be used if they: [§1917.120(b)(5)]
(i) Are capable of a single concentrated load of 200 pounds (890 N) at the tread centers; [§1917.120(b)(5)(i)]
(ii) Have open treads at least 4 inches (10.16 cm) in depth and 18 inches (45.72 cm) in width with a uniformly spaced vertical rise between treads of 6 to 9.5 inches (15.24 to 24.13 cm); and [§1917.120(b)(5)(ii)]
(iii) Have handrails that meet the requirements of §1917.112(c)(1) on both sides and that are not less than 30 inches (76.2 cm) in height from the tread surface at the riser face. [§1917.120(b)(5)(iii)]
(6) Maintenance. Fixed stairways shall be maintained in safe condition and shall not be obstructed. [§1917.120(b)(6)]
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]
§1917.121
Spiral stairways
(a) Definition. “Spiral stairway” means one with closed circular form, uniform sector-shaped treads and a supporting column. [§1917.121(a)]
(b) Requirements. Spiral stairways shall meet the following requirements: [§1917.121(b)]
(1) Stairways shall conform to the minimum dimensions of Figure F-1; [§1917.121(b)(1)]
(2) Stairway risers shall be uniform and shall range from 61⁄2 to 101⁄2 inches (16.5 to 26.67 cm) in height; [§1917.121(b)(2)]
(3) Minimum loading capability shall be 100 pounds per square foot (4.79kN), and minimum tread center concentrated loading shall be 300 pounds (1334 N); [§1917.121(b)(3)]
(4) Railings shall conform to the requirements of §1917.112(c)(1). If balusters are used, there shall be a minimum of one per tread. Handrails shall be a minimum of 11⁄4 inches (3.18 cm) in outside diameter; and [§1917.121(b)(4)]
(5) Vertical clearance shall be at least 6 feet, 6 inches (1.98 m) above the top step. [§1917.121(b)(5)]
(c) Maintenance. Spiral stairways shall be maintained in safe condition. [§1917.121(c)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 FR 40942, June 30, 2000]
§1917.122
Employee exits
(a) Employee exits shall be clearly marked. [§1917.122(a)]
(b) If an employee exit is not visible from employees' work stations, directional signs indicating routes to the exit shall be posted. [§1917.122(b)]
(c) Exits shall be readily accessible and sufficient in number to provide employees with a convenient means of escape in emergencies. A clear passage to the exit shall be maintained. [§1917.122(c)]
(d) The minimum width of any employee exit shall be 28 inches (71.12 cm). [§1917.122(d)]
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000] §1917.123
Illumination.10
(a) Working and walking areas shall be illuminated. Unless conditions described in the regulations of the United States Coast Guard (33 CFR 126.15(1) and (n), and 33 CFR 154.570) exist in the case of specific operations, illumination in active work areas (for example, cargo transfer points) shall be of an average minimum light intensity of 5 foot-candles. The illumination in other work areas (for example, farm areas) shall be of an average minimum light intensity of 1 foot-candle except for security purposes when a minimum light intensity of 1⁄2 foot-candle shall be maintained. Where occasional
10.The United States Coast Guard, at 33 CFR 126.15(1) and (n), and 33 CFR 154.570 sets out requirements for illumination at “designated waterfront facilities” and “large oil transfer facilities.”
work tasks require more light than that which is consistently and permanently provided, supplemental lighting shall be used.
[§1917.123(a)]
(b) The lighting intensity shall be measured at the task/working surface, in the plane in which the task/working surface is present.
[§1917.123(b)]
(c) Lights shall, so far as possible, be placed so that they will not shine in the eyes of employees. [§1917.123(c)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997]
§1917.124
Dockboards (car and bridge plates)
(a) General. The employer shall provide safe means of passage between different surface levels and across openings. [§1917.124(a)]
(b) [Reserved] [§1917.124(b)]
(c) Dockboards (car and bridge plates). [§1917.124(c)]
(1) Dockboards shall be strong enough to support the loads imposed on them. [§1917.124(c)(1)]
(2) Portable dockboards shall be anchored in position or be equipped with devices to prevent their movement. [§1917.124(c)(2)]
(3) Hand holds or other effective means shall be provided on portable dockboards to permit safe handling. [§1917.124(c)(3)]
(4) Positive means shall be used to prevent railcars or highway vehicles from being moved while dockboards or bridge plates are in position. [§1917.124(c)(4)]
(5) Be designed, constructed, and maintained to prevent vehicles from running off the edge. 11 [§1917.124(c)(5)]
(6) Dockboards shall be well maintained. [§1917.124(c)(6)]
(d) Ramps. [§1917.124(d)]
(1) Ramps shall be strong enough to support the loads imposed on them and be designed, constructed, and maintained to prevent vehicles from running off the edge. 12 [§1917.124(d)(1)]
(2) Ramps shall be equipped with a guardrail meeting the requirement of §1917.112(c)(1) if the slope is more than 20 degrees to the horizontal or if employees could fall more than 4 feet (1.22 m).
[§1917.124(d)(2)]
(3) Ramps shall have slip-resistant surfaces. [§1917.124(d)(3)]
(4) When necessary to prevent displacement by vehicle wheels, steel plates or similar devices used to temporarily bridge or cover uneven surfaces or tracks, shall be anchored. [§1917.124(d)(4)]
(5) Ramps shall be well maintained. [§1917.124(d)(5)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 FR 40942, June 30, 2000]
§1917.125
Guarding temporary hazards
Ditches, pits, excavations and surfaces in poor repair shall be guarded by readily visible barricades, rails or other equally effective means.
§1917.126
River banks
(a) This section applies to temporary installations or temporary operations near a river bank. [§1917.126(a)]
(b) Where working surfaces at river banks slope so steeply that an employee could slip or fall into the water, the outer perimeter of the working surface shall be protected by posting or other portable protection such as roping off. In these situations, employees must wear a personal flotation device meeting the requirements of §1917.95(b). [§1917.126(b)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997]
§1917.127 Sanitation
(a) Washing and toilet facilities. [§1917.127(a)]
(1) The employer shall provide accessible washing and toilet facilities sufficient for the sanitary requirements of employees. The facilities shall have: [§1917.127(a)(1)]
(i) Running water, including hot and cold or tepid water at a minimum of one accessible location (when cargo handling is conducted at locations without permanent facilities, potable water may be provided in lieu of running water); [§1917.127(a)(1)(i)]
(ii) Soap; [§1917.127(a)(1)(ii)]
(iii) Individual hand towels, clean individual sections of continuous toweling, or air blowers; and [§1917.127(a)(1)(iii)]
(iv) Fixed or portable toilets in separate compartments with latchequipped doors. Separate toilet facilities shall be provided for
11.When the gap to be bridged to greater than 36 inches (.91 m), an acceptable means of preventing vehicles from running off the edge is a minimum side board height of two and three-quarter inches.
12.When the gap to be bridged is greater than 36 inches (.91 m), an acceptable means of preventing vehicles from running off the edge is a minumum side board height of two and three-quarter inches.
male and female employees except when toilet rooms will be occupied by only one person at a time. [§1917.127(a)(1)(iv)]
(2) Washing and toilet facilities shall be regularly cleaned and maintained in good order. [§1917.127(a)(2)]
(b) Drinking water. [§1917.127(b)]
(1) Potable drinking water shall be accessible to employees at all times. [§1917.127(b)(1)]
(2) Potable drinking water containers shall be clean, containing only water and ice, and shall be fitted with covers. [§1917.127(b)(2)]
(3) Common drinking cups are prohibited. [§1917.127(b)(3)]
(c) Prohibited eating areas. Consumption of food or beverages in areas where hazardous materials are being stored or handled shall be prohibited. [§1917.127(c)]
(d) Garbage and overboard discharges. Work shall not be conducted in the immediate vicinity of uncovered garbage or in the way of overboard discharges from the vessel's sanitary lines unless employees are protected from the garbage or discharge by a baffle or splash boards. [§1917.127(d)]
[48 FR 30909, July 5, 1983,, as amended at 76 FR 33610, June 8, 2011] §1917.128
Signs and marking
(a) General. Signs required by this part shall be clearly worded and legible, and shall contain a key word or legend indicating the reason for the sign. [§1917.128(a)]
(1) Key words are such words as Danger, Warning, Caution. [§1917.128(a)(1)]
(2) Legends are more specific explanations such as High Voltage, Close Clearance, Pedestrian Crossing. [§1917.128(a)(2)]
(b) Specific. Every marine terminal shall have conspicuously posted signs as follows: [§1917.128(b)]
(1) Locations of first aid facilities; [§1917.128(b)(1)]
(2) Locations of telephones; [§1917.128(b)(2)]
(3) Telephone numbers of the closest ambulance service, hospital or other source of medical attention, police, fire department, and emergency squad (if any); and [§1917.128(b)(3)]
(4) Locations of firefighting and emergency equipment and fire exits. [§1917.128(b)(4)]
Subpart G – Related Terminal Operations and Equipment
§1917.151
Machine guarding
(a) Definition. “Guarded” means shielded, fenced, or enclosed by covers, casings, shields, troughs, spillways or railings, or guarded by position or location. Examples of guarding methods are guarding by location (positioning hazards so they are inaccessible to employees) and point of operation guarding (using barrier guards, two-hand tripping devices, electronic safety devices, or other such devices). [§1917.151(a)]
(b) General. [§1917.151(b)]
(1) Danger zones on machines and equipment used by employees shall be guarded. [§1917.151(b)(1)]
(2) Where chips and dust produced by machine operation may result in a hazard to the operator, the machinery shall be equipped with an effective exhaust system at the point of origin, or other equally effective means shall be provided to protect the operator. [§1917.151(b)(2)]
(3) Fixed machinery shall be secured to prevent shifting. [§1917.151(b)(3)]
(4) A power cut-off device for machinery and equipment shall be provided at the operator's working position. [§1917.151(b)(4)]
(5) Machines driven by belts and shafting shall be fitted with a belt-locking or equivalent protective device if the belt can be shifted. [§1917.151(b)(5)]
(6) In operations where injury to the operator might result if motors were to restart after power failures, provisions shall be made to prevent machines from automatically restarting upon restoration of power. [§1917.151(b)(6)]
(7) The power supply to machines shall be turned off, locked out, and tagged out during repair, adjustment, or servicing. [§1917.151(b)(7)]
(8) Machines shall be maintained in a safe working condition.
[§1917.151(b)(8)]
(9) Only designated employees shall maintain or repair machinery and equipment. [§1917.151(b)(9)]
(10) Machines with defects that affect the safety of operation shall not be used. [§1917.151(b)(10)]
(c) Hand-fed circular ripsaws and hand-fed circular crosscut table saws. Unless fixed or manually adjustable enclosures or guarding provides equivalent protection, hand-fed circular ripsaws and hand-fed circular crosscut table saws shall be guarded as follows to keep employees clear of any danger zones: [§1917.151(c)]
(1) They shall be equipped with hoods completely enclosing those portions of the saw above the table and the material being cut; [§1917.151(c)(1)]
(2) They shall have spreaders to prevent material from squeezing the saw. Spreaders shall be in true alignment with the saw. Spreaders may be removed only during grooving, dadoing, or rabbeting operations, and shall be replaced at the completion of such operations; and [§1917.151(c)(2)]
(3) They shall have non-kickback fingers or dogs to oppose the tendency of the saw to pick up material or throw material toward the operator. [§1917.151(c)(3)]
(d) Swing cutoff saws. [§1917.151(d)]
(1) Swing cutoff saws shall have hoods completely enclosing the upper half of the saw, the arbor end and the point of operation at all saw positions to protect the operator from material thrown up by the saw. The hood shall automatically cover the lower portion of the blade, so that when the saw returns to the back of the table the hood rises on top of the fence, and when the saw is moved forward the hood drops on top, remaining in contact with the table or the material. [§1917.151(d)(1)]
(2) Swing cutoff saws shall have a device to return the saw automatically to the back of the table without rebound. The device shall not be dependent upon rope, cord or springs. [§1917.151(d)(2)]
(3) Devices shall be provided to prevent saws from swinging beyond the front or back edges of the table. [§1917.151(d)(3)]
(4) Inverted swing cutoff saws shall have hoods covering the part of the saw protruding above the table top or the material being cut. Hoods shall automatically adjust to the thickness of, and remain in contact with, material being cut. [§1917.151(d)(4)]
(e) Radial saws. Unless fixed or manually adjustable enclosures or guards provide equivalent protection, radial saws shall be guarded as follows: [§1917.151(e)]
(1) The upper hood of radial saws shall enclose the upper portion of the blade up to and including the end of the saw arbor and shall protect the operator from being struck by debris. The sides of the lower exposed portion of the blade shall be guarded to the blade diameter by a device automatically adjusting to the thickness of the stock and remaining in contact with the stock. The lower guard may be removed only when the saw is used for bevel cuts; [§1917.151(e)(1)]
(2) Radial saws used for ripping shall have non-kickback fingers or dogs on both sides to oppose the thrust or tendency of the saw to pick up material or throw material toward the operator; [§1917.151(e)(2)]
(3) Adjustable stop shall be provided to prevent travel of radial saw blades beyond the table's edge; [§1917.151(e)(3)]
(4) Radial saws shall be installed so that the cutting head returns to the starting position without rebound when released; and [§1917.151(e)(4)]
(5) The employer shall direct that employees perform ripping and ploughing against the saw turning direction. Rotation direction and an indication of the end of the saw to be used shall be conspicuously marked on the hood. [§1917.151(e)(5)]
(f) Band saws and band resaws. [§1917.151(f)]
(1) Saw blades and band saw wheels shall be enclosed or guarded, except for the working portion of the blade between the bottom of the guide rolls and the table, to protect employees from point-ofoperation hazards and flying debris. [§1917.151(f)(1)]
(2) Band saws shall be equipped with brakes to stop the band saw wheel if the blade breaks. [§1917.151(f)(2)]
(3) Band saws shall be equipped with a tension control device to keep the blade taut. [§1917.151(f)(3)]
(g) Abrasive wheels and machinery. [§1917.151(g)]
(1) Abrasive wheels shall be used only on machines having enclosure guards to restrain pieces of grinding wheels and to protect employees if the wheel breaks, except as provided in paragraphs (g)(2) and (g)(3) of this section. Where the operator must stand in front of the safety guard opening, the safety guard shall be adjustable or have an adjustable tongue or piece at the top of the opening. The safety guard or the tongue shall be adjusted so that they are always close to the periphery of the wheel. Guards shall be aligned with the wheel and the strength of fastenings shall be greater than the strength of the guard. [§1917.151(g)(1)]
(2) When the work provides equivalent protection, or when the machine is designed as a portable saw, guards may be constructed with the spindle end, nut and outer flange exposed. When the work entirely covers the side of the wheel, the side covers of the guard may be removed. [§1917.151(g)(2)]
§1917.152
(3) Guarding is not required: [§1917.151(g)(3)]
Part 1917 – Marine Terminals
(i) For wheels used for internal work while the wheel is contained within the work being ground; or [§1917.151(g)(3)(i)]
(ii) For mounted wheels 2 inches (5 cm) and smaller in diameter used in portable operations. [§1917.151(g)(3)(ii)]
(4) Work rests shall be used on fixed grinding machines. Work rests shall be rigidly constructed and adjustable for wheel wear. They shall be adjusted closely to the wheel with a maximum opening of 1 8-inch (3.18 mm) and shall be securely clamped. Adjustment shall not be made while the wheel is in motion. [§1917.151(g)(4)]
(5) Grinding wheels shall fit freely on the spindle. The spindle nut shall be tightened only enough to hold the wheel in place.
[§1917.151(g)(5)]
(6) Grinding machine wheels shall turn at a speed that is compatible with the rated speed of the wheel. [§1917.151(g)(6)]
(7) Flanges and blotters shall be used only with wheels designed for their use. Flanges shall be of a type ensuring retention of pieces of the wheel in case of breakage. [§1917.151(g)(7)]
(8) Abrasive wheels with operational defects shall not be used. [§1917.151(g)(8)]
(h) Rotating parts, drives and connections. [§1917.151(h)]
(1) Rotating parts, such as gears and pulleys, that are located 7 feet (2.13 m) or less above working surfaces shall be guarded to prevent employee contact with moving parts. [§1917.151(h)(1)]
(2) Belt, rope and chain drives shall be guarded to prevent employees from coming into contact with moving parts. [§1917.151(h)(2)]
(3) Gears, sprockets and chains shall be guarded to prevent employees from coming into contact with moving parts. This requirement does not apply to manually operated sprockets. [§1917.151(h)(3)]
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000] §1917.152
Welding, cutting and heating (hot work)13
(See also §1917.2, definition of Hazardous cargo, materials, substance, or atmosphere)
Welding, cutting and heating (hot work)
(a) Definition. “Hot work” means riveting, welding, flame cutting or other fire or spark-producing operation. [§1917.152(a)]
(b) Hot work in confined spaces. Hot work shall not be performed in a confined space until a designated person has tested the atmosphere and determined that it is not hazardous. [§1917.152(b)]
(c) Fire protection. [§1917.152(c)]
(1) To the extent possible, hot work shall be performed in designated locations that are free of fire hazards. [§1917.152(c)(1)]
(2) When hot work must be performed in a location that is not free of fire hazards, all necessary precautions shall be taken to confine heat, sparks, and slag so that they cannot contact flammable or combustible material. [§1917.152(c)(2)]
(3) Fire extinguishing equipment suitable for the location shall be immediately available and shall be maintained in readiness for use at all times. [§1917.152(c)(3)]
(4) When the hot work operation is such that normal fire prevention precautions are not sufficient, additional personnel shall be assigned to guard against fire during hot work and for a sufficient time after completion of the work to ensure that no fire hazard remains. The employer shall instruct all employees involved in hot work operations as to potential fire hazards and the use of firefighting equipment. [§1917.152(c)(4)]
(5) Drums and containers which contain or have contained flammable or combustible liquids shall be kept closed. Empty containers shall be removed from the hot work area. [§1917.152(c)(5)]
(6) When openings or cracks in flooring cannot be closed, precautions shall be taken to ensure that no employees or flammable or combustible materials on the floor below are exposed to sparks dropping through the floor. Similar precautions shall be taken regarding cracks or holes in walls, open doorways and open or broken windows. [§1917.152(c)(6)]
(7) Hot work shall not be performed: [§1917.152(c)(7)]
(i) In flammable or potentially flammable atmospheres: [§1917.152(c)(7)(i)]
(ii) On or in equipment or tanks that have contained flammable gas or liquid or combustible liquid or dust-producing material, until a designated person has tested the atmosphere inside the equipment or tanks and determined that it is not hazardous; or [§1917.152(c)(7)(ii)]
(iii) Near any area in which exposed readily ignitable materials such as bulk sulphur, baled paper or cotton are stored. Bulk sulphur is excluded from this prohibition if suitable precautions are followed, the person in charge is knowledgeable
13.The U.S. Coast Guard, at 33 CFR 126.15(c), requires prior permission of the Captain of the Port if welding or other hot work is to be carried out at a facility where dangerous cargoes as defined by 33 CFR 126.07 are located or being handled.
and the person performing the work has been instructed in preventing and extinguishing sulphur fires. [§1917.152(c)(7)(iii)]
(8) (i) Drums, containers or hollow structures that have contained flammable or combustible substances shall either be filled with water or cleaned, and shall then be ventilated. A designated person shall test the atmosphere and determine that it is not hazardous before hot work is performed on or in such structures. [§1917.152(c)(8)(i)]
(ii) Before heat is applied to a drum, container or hollow structure, an opening to release built-up pressure during heat application shall be provided. [§1917.152(c)(8)(ii)]
(d) Gas welding and cutting. [§1917.152(d)]
(1) Compressed gas cylinders: [§1917.152(d)(1)]
(i) Shall have valve protection caps in place except when in use, hooked up or secured for movement. Oil shall not be used to lubricate caps; [§1917.152(d)(1)(i)]
(ii) Shall be hoisted only while secured, as on a cradle or pallet, and shall not be hoisted by magnet, choker sling or cylinder caps; [§1917.152(d)(1)(ii)]
(iii) Shall be moved only by tilting or rolling on their bottom edges; [§1917.152(d)(1)(iii)]
(iv) Shall be secured when moved by vehicle; [§1917.152(d)(1)(iv)]
(v) Shall be secured while in use; [§1917.152(d)(1)(v)]
(vi) Shall have valves closed when cylinders are empty, being moved or stored; [§1917.152(d)(1)(vi)]
(vii) Shall be secured upright except when hoisted or carried; [§1917.152(d)(1)(vii)]
(viii) Shall not be freed when frozen by prying the valves or caps with bars or by hitting the valve with a tool; [§1917.152(d)(1)(viii)]
(ix) Shall not be thawed by boiling water; [§1917.152(d)(1)(ix)]
(x) Shall not be exposed to sparks, hot slag, or flame; [§1917.152(d)(1)(x)]
(xi) Shall not be permitted to become part of electrical circuits or have electrodes struck against them to strike arcs; [§1917.152(d)(1)(xi)]
(xii) Shall not be used as rollers or supports; [§1917.152(d)(1)(xii)]
(xiii) Shall not have contents used for purposes not authorized by the supplier; [§1917.152(d)(1)(xiii)]
(xiv) Shall not be used if damaged or defective; [§1917.152(d)(1)(xiv)]
(xv) Shall not have gases mixed within, except by gas suppliers; [§1917.152(d)(1)(xv)]
(xvi) Shall be stored so that oxygen cylinders are separated from fuel gas cylinders and combustible materials by either a minimum distance of 20 feet (6.1 m) or a barrier having a fireresistance rating of 30 minutes; and [§1917.152(d)(1)(xvi)]
(xvii) Shall not have objects that might either damage the safety device or obstruct the valve placed on top of the cylinder when in use. [§1917.152(d)(1)(xvii)]
(2) Use of fuel gas. Fuel gas shall be used only as follows: [§1917.152(d)(2)]
(i) Before regulators are connected to cylinder valves, the valves shall be opened slightly (cracked) and closed immediately to clear away dust or dirt. Valves shall not be cracked if gas could reach possible sources of ignition; [§1917.152(d)(2)(i)]
(ii) Cylinder valves shall be opened slowly to prevent regulator damage and shall not be opened more than 11⁄2 turns. Any special wrench required for emergency closing shall be positioned on the valve stem during cylinder use. For manifolded or coupled cylinders, at least one wrench shall be immediately available. Nothing shall be placed on top of a cylinder or associated parts when the cylinder is in use. [§1917.152(d)(2)(ii)]
(iii) Pressure-reducing regulators shall be attached to cylinder valves when cylinders are supplying torches or devices equipped with shut-off valves; [§1917.152(d)(2)(iii)]
(iv) Cylinder valves shall be closed and gas released from the regulator or manifold before regulators are removed; [§1917.152(d)(2)(iv)]
(v) Leaking fuel gas cylinder valves shall be closed and the gland nut tightened. If the leak continues, the cylinder shall be tagged, removed from service, and moved to a location where the leak will not be hazardous. If a regulator attached to a valve stops a leak, the cylinder need not be removed from the workplace but shall be tagged and may not be used again before it is repaired; and [§1917.152(d)(2)(v)]
(vi) If a plug or safety device leaks, the cylinder shall be tagged, removed from service, and moved to a location where the leak will not be hazardous. [§1917.152(d)(2)(vi)]
(3) Hose. [§1917.152(d)(3)]
(i) Fuel gas and oxygen hoses shall be easily distinguishable from each other by color or sense of touch. Oxygen and fuel hoses shall not be interchangeable. Hoses having more than one gas passage shall not be used. [§1917.152(d)(3)(i)]
Welding, cutting and heating (hot work)
(ii) When oxygen and fuel gas hoses are taped together, not more than four (4) of each 12 inches (10.16 cm of each 30.48 cm) shall be taped. [§1917.152(d)(3)(ii)]
(iii) Hose shall be inspected before use. Hose subjected to flashback or showing evidence of severe wear or damage shall be tested to twice the normal working pressure but not less than 200 p.s.i. (1378.96 kPa) before reuse. Defective hose shall not be used. [§1917.152(d)(3)(iii)]
(iv) Hose couplings shall not unlock or disconnect without rotary motion. [§1917.152(d)(3)(iv)]
(v) Hose connections shall be clamped or securely fastened to withstand twice the normal working pressure but not less than 300 p.s.i. (2068.44 kPa) without leaking. [§1917.152(d)(3)(v)]
(vi) Gas hose storage boxes shall be ventilated. [§1917.152(d)(3)(vi)]
(4) Torches. [§1917.152(d)(4)]
(i) Torch tip openings shall only be cleaned with devices designed for that purpose. [§1917.152(d)(4)(i)]
(ii) Torches shall be inspected before each use for leaking shut-off valves, hose couplings and tip connections. Torches with such defects shall not be used. [§1917.152(d)(4)(ii)]
(iii) Torches shall not be lighted from matches, cigarette lighters, other flames or hot work. [§1917.152(d)(4)(iii)]
(5) Pressure regulators. Pressure regulators, including associated gauges, shall be maintained in safe working order. [§1917.152(d)(5)]
(6) Operational precaution. Gas welding equipment shall be maintained free of oil and grease. [§1917.152(d)(6)]
(e) Arc welding and cutting. [§1917.152(e)]
(1) Manual electrode holders. [§1917.152(e)(1)]
(i) The employer shall ensure that only manual electrode holders intended for arc welding and cutting and capable of handling the maximum current required for such welding or cutting shall be used. [§1917.152(e)(1)(i)]
(ii) Current-carrying parts passing through those portions of the holder gripped by the user and through the outer surfaces of the jaws of the holder shall be insulated against the maximum voltage to ground. [§1917.152(e)(1)(ii)]
(2) Welding cables and connectors. [§1917.152(e)(2)]
(i) Arc welding and cutting cables shall be insulated, flexible and capable of handling the maximum current required by the operations, taking into account the duty cycles. [§1917.152(e)(2)(i)]
(ii) Only cable free from repair or splice for 10 feet (3 m) from the electrode holder shall be used unless insulated connectors or splices with insulating quality equal to that of the cable are provided. [§1917.152(e)(2)(ii)]
(iii) When a cable other than the lead mentioned in paragraph (e)(2)(ii) of this section wears and exposes bare conductors, the portion exposed shall not be used until it is protected by insulation equivalent in performance capacity to the original. [§1917.152(e)(2)(iii)]
(iv) Insulated connectors of equivalent capacity shall be used for connecting or splicing cable. Cable lugs, where used as connectors, shall provide electrical contact. Exposed metal parts shall be insulated. [§1917.152(e)(2)(iv)]
(3) Ground returns and machine grounding. [§1917.152(e)(3)]
(i) Ground return cables shall have current-carrying capacity equal to or exceeding the total maximum output capacities of the welding or cutting units served. [§1917.152(e)(3)(i)]
(ii) Structures or pipelines, other than those containing gases or flammable liquids or conduits containing electrical circuits, may be used in the ground return circuit if their current-carrying capacity equals or exceeds the total maximum output capacities of the welding or cutting units served. [§1917.152(e)(3)(ii)]
(iii) Structures or pipelines forming a temporary ground return circuit shall have electrical contact at all joints. Arcs, sparks or heat at any point in the circuit shall cause rejection as a ground circuit. [§1917.152(e)(3)(iii)]
(iv) Structures or pipelines acting continuously as ground return circuits shall have joints bonded and maintained to ensure that no electrolysis or fire hazard exists. [§1917.152(e)(3)(iv)]
(v) Arc welding and cutting machine frames shall be grounded, either through a third wire in the cable containing the circuit conductor or through a separate wire at the source of the current. Grounding circuits shall have resistance low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current. [§1917.152(e)(3)(v)]
(vi) Ground connections shall be mechanically and electrically adequate to carry the current. [§1917.152(e)(3)(vi)]
(4) When electrode holders are left unattended, electrodes shall be removed and holders placed to prevent employee injury.
[§1917.152(e)(4)]
(5) Hot electrode holders shall not be dipped in water. [§1917.152(e)(5)]
(6) The employer shall ensure that when arc welders or cutters leave or stop work or when machines are moved, the power supply switch shall be kept in the off position. [§1917.152(e)(6)]
(7) Arc welding or cutting equipment having a functional defect shall not be used. [§1917.152(e)(7)]
(8) (i) Arc welding and cutting operations shall be separated from other operations by shields, screens, or curtains to protect employees in the vicinity from the direct rays and sparks of the arc. [§1917.152(e)(8)(i)]
(ii) Employees in areas not protected from the arc by screening shall be protected by appropriate filter lenses in accordance with paragraph (h) of this section. When welders are exposed to their own arc or to each other's arc, they shall wear filter lenses complying with the requirements of paragraph (h) of this section. [§1917.152(e)(8)(ii)]
(9) The control apparatus of arc welding machines shall be enclosed, except for operating wheels, levers, and handles. [§1917.152(e)(9)]
(10) Input power terminals, top change devices and live metal parts connected to imput circuits shall be enclosed and accessible only by means of insulated tools. [§1917.152(e)(10)]
(11) When arc welding is performed in wet or high-humidity conditions, employees shall use additional protection, such as rubber pads or boots, against electric shock. [§1917.152(e)(11)]
(f) Ventilation and employee protection in welding, cutting and heating [§1917.152(f)]
(1) Mechanical ventilation requirements. The employer shall ensure that general mechanical ventilation or local exhaust systems shall meet the following requirements: [§1917.152(f)(1)]
(i) General mechanical ventilation shall maintain vapors, fumes and smoke below a hazardous level. [§1917.152(f)(1)(i)]
(ii) Local exhaust ventilation shall consist of movable hoods positioned close to the work and shall be of such capacity and arrangement as to keep breathing zone concentrations below hazardous levels. [§1917.152(f)(1)(ii)]
(iii) Exhausts from working spaces shall be discharged into the open air, clear of intake air sources; [§1917.152(f)(1)(iii)]
(iv) Replacement air shall be clean and respirable; and [§1917.152(f)(1)(iv)]
(v) Oxygen shall not be used for ventilation, cooling or cleaning clothing or work areas. [§1917.152(f)(1)(v)]
(2) Hot work in confined spaces. Except as specified in paragraphs (f)(3)(ii) and (f)(3)(iii) of this section, when hot work is performed in a confined space the employer shall ensure that: [§1917.152(f)(2)]
(i) General mechanical or local exhaust ventilations shall be provided; or [§1917.152(f)(2)(i)]
(ii) Employees in the space shall wear supplied air respirators in accordance with §1910.134 and a standby on the outside shall maintain communication with employees inside the space and shall be equipped and prepared to provide emergency aid. [§1917.152(f)(2)(ii)]
(3) Welding, cutting or heating of toxic metals. [§1917.152(f)(3)]
(i) In confined or enclosed spaces, hot work involving the following metals shall only be performed with general mechanical or local exhaust ventilation that ensures that employees are not exposed to hazardous levels of fumes: [§1917.152(f)(3)(i)]
[A] Lead base metals; [§1917.152(f)(3)(i)[A]]
[B] Cadmium-bearing filler materials; and [§1917.152(f)(3)(i)[B]]
[C] Chromium-bearing metals or metals coated with chromium-bearing materials. [§1917.152(f)(3)(i)[C]]
(ii) In confined or enclosed spaces, hot work involving the following metals shall only be performed with local exhaust ventilation meeting the requirements of paragraph (f)(1) of this section or by employees wearing supplied air respirators in accordance with §1910.134; [§1917.152(f)(3)(ii)]
[A] Zinc-bearing base or filler metals or metals coated with zinc-bearing materials; [§1917.152(f)(3)(ii)[A]]
[B] Metals containing lead other than as an impurity, or coated with lead-bearing materials; [§1917.152(f)(3)(ii)[B]]
[C] Cadmium-bearing or cadmium-coated base metals; and [§1917.152(f)(3)(ii)[C]]
[D] Metals coated with mercury-bearing materials. [§1917.152(f)(3)(ii)[D]]
(iii) Employees performing hot work in confined or enclosed spaces involving beryllium-containing base or filler metals shall be protected by local exhaust ventilation and wear supplied air respirators or self-contained breathing apparatus, in accordance with the requirements of §1910.134. [§1917.152(f)(3)(iii)]
(iv) The employer shall ensure that employees performing hot work in the open air that involves any of the metals listed in paragraphs (f)(3)(i) and (f)(3)(ii) of this section shall be protected by respirators in accordance with the requirements of §1910.134, and those working on beryllium-containing base or filler metals shall
§1917.153
Part 1917 – Marine Terminals
be protected by supplied air respirators, in accordance with the requirements of §1910.134. [§1917.152(f)(3)(iv)]
(v) Any employee exposed to the same atmosphere as the welder or burner shall be protected by the same type of respiratory and other protective equipment as that worn by the welder or burner. [§1917.152(f)(3)(v)]
(4) Inert-gas metal-arc welding. Employees shall not engage in and shall not be exposed to the inert-gas metal-arc welding process unless the following precautions are taken: [§1917.152(f)(4)]
(i) Chlorinated solvents shall not be used within 200 feet (61 m) of the exposed arc. Surfaces prepared with chlorinated solvents shall be thoroughly dry before welding is performed on them. [§1917.152(f)(4)(i)]
(ii) Employees in areas not protected from the arc by screening shall be protected by appropriate filter lenses in accordance with the requirements of paragraph (h) of this section. When welders are exposed to their own arc or to each other's arc, filter lenses complying with the requirements of paragraph (h) of this section shall be worn to protect against flashes and radiant energy. [§1917.152(f)(4)(ii)]
(iii) Employees exposed to radiation shall have their skin covered completely to prevent ultraviolet burns and damage. Helmets and hand shields shall not have leaks, openings or highly reflective surfaces. [§1917.152(f)(4)(iii)]
(iv) Inert-gas metal-arc welding on stainless steel shall not be performed unless exposed employees are protected either by local exhaust ventilation or by wearing supplied air respirators. [§1917.152(f)(4)(iv)]
(g) Welding, cutting and heating on preservative coatings.
[§1917.152(g)]
(1) Before hot work is commenced on surfaces covered by a preservative coating of unknown flammability, a test shall be made by a designated person to determine the coating's flammability. Preservative coatings shall be considered highly flammable when scrapings burn with extreme rapidity. [§1917.152(g)(1)]
(2) Appropriate precaution shall be taken to prevent ignition of highly flammable hardened preservative coatings. Highly flammable coatings shall be stripped from the area to be heated. An uncoiled fire hose with fog nozzle, under pressure, shall be immediately available in the hot work area. [§1917.152(g)(2)]
(3) Surfaces covered with preservative coatings shall be stripped for at least 4 inches (10.16 cm) from the area of heat application or employees shall be protected by supplied air respirators in accordance with the requirements of §1910.134 of this chapter. [§1917.152(g)(3)]
(h) Protection against radiant energy. [§1917.152(h)]
(1) Employees shall be protected from radiant energy eye hazards by spectacles, cup goggles, helmets, hand shields or face shields with filter lenses complying with the requirements of this paragraph. [§1917.152(h)(1)]
(2) Filter lenses shall have an appropriate shade number, as indicated in Table G-1, for the work performed. Variations of one or two shade numbers are permissible to suit individual preferences. [§1917.152(h)(2)]
(3) If filter lenses are used in goggles worn under the helmet, the shade numbers of both lenses equals the value shown in Table G-1 for the operation. [§1917.152(h)(3)]
Table G-1 — Filter Lenses for Protection Against Radiant Energy Operation Shade No.
or
Torch Brazing
Light cutting, up to 1 inch3 or 4.
Medium cutting, 1-6 inches
Heavy cutting, over 6 inches5 or 6.
Light gas welding, up to 1 8 inch
Medium gas welding, 1 8-1⁄2 inch 5 or 6.
Heavy gas welding, over 1⁄2 inch 6 or 8.
Shielded Metal-Arc Welding 1/16 to 5/32-inch electrodes10.
Inert-gas Metal-Arc Welding (Non-ferrous) 1/16- to 5/32-inch electrodes 11.
Shielded Metal-Arc Welding: 3⁄16- to 1 4-inch electrodes
5⁄16- and 3 8-inch electrodes
[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65 FR 40942, June 30, 2000]
§1917.153
Spray painting (See also §1917.2, definition of Hazardous cargo, materials, substance, or atmosphere)
(a) Scope. This section covers painting operations connected with maintenance of structures, equipment and gear at the marine terminal and of transient equipment serviced at the terminal. It does not apply to overall painting of terminal structures under construction, major repair or rebuilding of terminal structures, or portable spraying apparatus not used regularly in the same location. [§1917.153(a)]
(b) Definitions. [§1917.153(b)]
(1) Spraying area means any area where flammable vapors, mists or combustible residues, dusts or deposits may be present due to paint spraying operations. [§1917.153(b)(1)]
(2) Spray booth means an enclosure containing a flammable or combustible spraying operation and confining and limiting the escape of paint, vapor and residue by means of a powered exhaust system. [§1917.153(b)(2)]
(3) Approved means, for the purpose of this section, that the equipment has been approved for the specified use by a nationally recognized testing laboratory. [§1917.153(b)(3)]
(c) Spray painting requirements for indoor and outdoor spraying areas and booths. [§1917.153(c)]
(1) Shut-off valves, containers or piping with attached hoses or flexible connections shall have shut-off valves closed at the connection when not in use. [§1917.153(c)(1)]
(2) Pumps used to transfer paint supplies shall have automatic pressure-relieving devices. [§1917.153(c)(2)]
(3) Hoses and couplings shall be inspected before use. Hoses showing deterioration, leakage or weakness in the carcass or at the couplings shall be removed from service. [§1917.153(c)(3)]
(4) (i) No open flame or spark-producing equipment shall be within 20 feet (6.1 m) of a spraying area unless it is separated from the spraying area by a fire-retardant partition. [§1917.153(c)(4)(i)]
(ii) Hot surfaces shall not be located in spraying areas. [§1917.153(c)(4)(ii)]
(iii) Whenever combustible residues may accumulate on electrical installations, wiring shall be in rigid conduit or in boxes containing no taps, splices or connections. [§1917.153(c)(4)(iii)]
(iv) Portable electric lights shall not be used during spraying operations. Lights used during cleaning or repairing operations shall be approved for the location in which they are used. [§1917.153(c)(4)(iv)]
(5) When flammable or combustible liquids are being transferred between containers, both containers shall be bonded and grounded. [§1917.153(c)(5)]
(6) (i) Spraying shall be performed only in designated spray booths or spraying areas. [§1917.153(c)(6)(i)]
(ii) Spraying areas shall be kept as free from combustible residue accumulations as practicable. [§1917.153(c)(6)(ii)]
(iii) Residue scrapings, debris, rags, and waste shall be removed from the spraying area as they accumulate. [§1917.153(c)(6)(iii)]
(7) Spraying with organic peroxides and other dual-component coatings shall only be conducted in sprinkler-equipped spray booths. [§1917.153(c)(7)]
(8) Only the quantity of flammable or combustible liquids required for the operation shall be allowed in the spraying area, and in no case shall the amount exceed a one-day supply. [§1917.153(c)(8)]
(9) Smoking shall be prohibited and “No Smoking” signs shall be posted in spraying and paint storage areas. [§1917.153(c)(9)]
(d) Additional requirements for spraying areas and spray booths. [§1917.153(d)]
(1) Distribution or baffle plates shall be of noncombustible material and shall be removable or accessible for cleaning. They shall not be located in exhaust ducts. [§1917.153(d)(1)]
(2) Any discarded filter shall be removed from the work area or placed in water. [§1917.153(d)(2)]
(3) Filters shall not be used when the material being sprayed is highly susceptible to spontaneous heating and ignition. [§1917.153(d)(3)]
(4) Filters shall be noncombustible or of an approved type. The same filter shall not be used when spraying with different coating materials if the combination of materials may spontaneously ignite. [§1917.153(d)(4)]
(5) Spraying areas shall be mechanically ventilated for removal of flammable and combustible vapor and mist. [§1917.153(d)(5)]
(6) Mechanical ventilation shall be in operation during spraying operations and long enough thereafter to exhaust hazardous vapor concentrations. [§1917.153(d)(6)]
(7) Rotating fan elements shall be nonsparking or the casing shall consist of or be lined with nonsparking material. [§1917.153(d)(7)]
Fuel handling and storage
(8) Piping systems conveying flammable or combustible liquids to the spraying booth or area shall be made of metal and be both bonded and grounded. [§1917.153(d)(8)]
(9) Air exhausted from spray operations shall not contaminate makeup air or other ventilation intakes. Exhausted air shall not be recirculated unless it is first cleaned of any hazardous contaminants. [§1917.153(d)(9)]
(10) Original closed containers, approved portable tanks, approved safety cans or a piping system shall be used to bring flammable or combustible liquids into spraying areas. [§1917.153(d)(10)]
(11) If flammable or combustible liquids are supplied to spray nozzles by positive displacement pumps, the pump discharge line shall have a relief valve discharging either to a pump section or detached location, or the line shall be equipped with a device to stop the prime mover when discharge pressure exceeds the system's safe operating pressure. [§1917.153(d)(11)]
(12) Wiring, motors and equipment in a spray booth shall be of approved explosion-proof type for Class I, Group D locations and conform to subpart S of Part 1910 of this chapter for Class I, Division 1, Hazardous Locations. Wiring, motors and equipment within 20 feet (6.1m) of any interior spraying area and not separated by vapor-tight partitions shall not produce sparks during operation and shall conform to the requirements of subpart S of Part 1910 of this chapter for Class I, Division 2, Hazardous Locations. [§1917.153(d)(12)]
(13) Outside electrical lights within 10 feet (3.05m) of spraying areas and not separated from the areas by partitions shall be enclosed and protected from damage. [§1917.153(d)(13)]
(e) Additional requirements for spray booths. [§1917.153(e)]
(1) Spray booths shall be substantially constructed of noncombustible material and have smooth interior surfaces. Spray booth floors shall be covered with noncombustible material. As an aid to cleaning, paper may be used to cover the floor during painting operations if it is removed after the painting is completed. [§1917.153(e)(1)]
(2) Spray booths shall be separated from other operations by at least 3 feet (0.91m) or by fire-retardant partitions or walls. [§1917.153(e)(2)]
(3) A space of at least 3 feet (0.91m) on all sides of the spray booth shall be maintained free of storage or combustible materials. [§1917.153(e)(3)]
(4) Metal parts of spray booths, exhaust ducts, piping and airless high-pressure spray guns and conductive objects being sprayed shall be grounded. [§1917.153(e)(4)]
(5) Electric motors driving exhaust fans shall not be located inside booths or ducts. [§1917.153(e)(5)]
(6) Belts shall not enter ducts or booths unless the belts are completely enclosed. [§1917.153(e)(6)]
(7) Exhaust ducts shall be made of steel, shall have sufficient access doors to permit cleaning, and shall have a minimum clearance of 18 inches (0.46m) from combustible materials. Any installed dampers shall be fully opened when the ventilating system is operating. [§1917.153(e)(7)]
(8) Spray booths shall not be alternately used to spray different types of coating materials if the combination of the materials may spontaneously ignite unless deposits of the first material are removed from the booth and from exhaust ducts before spraying of the second material begins. [§1917.153(e)(8)]
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]
§1917.154 Compressed air
Employees shall be protected by chip guarding and personal protective equipment complying with the provisions of subpart E of this part during cleaning with compressed air. Compressed air used for cleaning shall not exceed a pressure of 30 psi. Compressed air shall not be used to clean employees.
§1917.155 Air receivers
(a) Application. This section applies to compressed air receivers and equipment used for operations such as cleaning, drilling, hoisting and chipping. It does not apply to equipment used to convey materials or in such transportation applications as railways, vehicles or cranes. [§1917.155(a)]
(b) Gauges and valves. [§1917.155(b)]
(1) Air receivers shall be equipped with indicating pressure gauges and spring-loaded safety valves. Safety valves shall prevent receiver pressure from exceeding 110 percent of the maximum allowable working pressure. [§1917.155(b)(1)]
(2) No other valves shall be placed between air receivers and their safety valves. [§1917.155(b)(2)]
§1917.156
Fuel handling and storage
(a) Liquid fuel. [§1917.156(a)]
(1) Only designated persons shall conduct fueling operations. [§1917.156(a)(1)]
(2) In case of spillage, filler caps shall be replaced and spillage disposed of before engines are started. [§1917.156(a)(2)]
(3) Engines shall be stopped and operators shall not be on the equipment during refueling operations. [§1917.156(a)(3)]
(4) Smoking and open flames shall be prohibited in areas used for fueling, fuel storage or enclosed storage of equipment containing fuel. [§1917.156(a)(4)]
(5) Equipment shall be refueled only at designated locations. [§1917.156(a)(5)]
(6) Liquid fuels not handled by pump shall be handled and transported only in portable containers or equivalent means designed for that purpose. Portable containers shall be metal, have tight closures with screw or spring covers and shall be equipped with spouts or other means to allow pouring without spilling. Leaking containers shall not be used. [§1917.156(a)(6)]
(7) Flammable liquids may be dispensed in the open from a tank or from other vehicles equipped for delivering fuel to another vehicle only if: [§1917.156(a)(7)]
(i) Dispensing hoses do not exceed 50 feet (15.24 m) in length; and [§1917.156(a)(7)(i)]
(ii) Any powered dispensing nozzles used are of the automatic-closing type. [§1917.156(a)(7)(ii)]
(8) Liquid fuel dispensing devices shall be provided with an easily accessible and clearly identified shut-off device, such as a switch or circuit breaker, to shut off the power in an emergency.
[§1917.156(a)(8)]
(9) Liquid fuel dispensing devices, such as pumps, shall be mounted either on a concrete island or be otherwise protected against collision damage. [§1917.156(a)(9)]
(b) Liquefied gas fuels [§1917.156(b)]
(1) Fueling locations. [§1917.156(b)(1)]
(i) Liquefied gas powered equipment shall be fueled only at designated locations. [§1917.156(b)(1)(i)]
(ii) Equipment with permanently mounted fuel containers shall be charged outdoors. [§1917.156(b)(1)(ii)]
(iii) Equipment shall not be fueled or stored near underground entrances, elevator shafts or other places where gas or fumes might accumulate. [§1917.156(b)(1)(iii)]
(2) Fuel containers. [§1917.156(b)(2)]
(i) When removable fuel containers are used, the escape of fuel when containers are exchanged shall be minimized by: [§1917.156(b)(2)(i)]
[A] Automatic quick-closing couplings (closing in both directions when uncoupled) in fuel lines; or [§1917.156(b)(2)(i)[A]]
[B] Closing fuel container valves and allowing engines to run until residual fuel is exhausted. [§1917.156(b)(2)(i)[B]]
(ii) Pressure-relief valve openings shall be in continuous contact with the vapor space (top) of the cylinder. [§1917.156(b)(2)(ii)]
(iii) Fuel containers shall be secured to prevent their being jarred loose, slipping or rotating. [§1917.156(b)(2)(iii)]
(iv) Containers shall be located to prevent damage to the container. If located within a compartment, that compartment shall be vented. Containers near the engine or exhaust system shall be shielded against direct heat radiation. [§1917.156(b)(2)(iv)]
(v) Container installation shall provide the container with at least the vehicle's road clearance under maximum spring deflection, which shall be to the bottom of the container or to the lowest fitting on the container or housing, whichever is lower. [§1917.156(b)(2)(v)]
(vi) Valves and connections shall be protected from contact damage. Permanent protection shall be provided for fittings on removable containers. [§1917.156(b)(2)(vi)]
(vii) Defective containers shall be removed from service. [§1917.156(b)(2)(vii)]
(3) Fueling operations. [§1917.156(b)(3)]
(i) To the extent applicable, fueling operations for liquefied gas fuels shall also comply with paragraph (a) of this section. [§1917.156(b)(3)(i)]
(ii) Using matches or flames to check for leaks is prohibited. [§1917.156(b)(3)(ii)]
(iii) Containers shall be examined before recharging and again before reuse for the following: [§1917.156(b)(3)(iii)]
[A] Dents, scrapes and gouges of pressure vessels; [§1917.156(b)(3)(iii)[A]]
[B] Damage to valves and liquid level gauges; [§1917.156(b)(3)(iii)[B]]
[C] Debris in relief valves; [§1917.156(b)(3)(iii)[C]]
§1917.157
Part 1917 – Marine Terminals
[D] Leakage at valves or connections; and [§1917.156(b)(3)(iii)[D]]
[E] Deterioration or loss of flexible seals in filling or servicing connections. [§1917.156(b)(3)(iii)[E]]
(4) Fuel storage. [§1917.156(b)(4)]
(i) Stored fuel containers shall be located to minimize exposure to excessive temperatures and physical damage. [§1917.156(b)(4)(i)]
(ii) Containers shall not be stored near exits, stairways or areas normally used or intended for egress. [§1917.156(b)(4)(ii)]
(iii) Outlet valves of containers in storage or transport shall be closed. Relief valves shall connect with vapor spaces.
[§1917.156(b)(4)(iii)]
(5) Vehicle storage and servicing. [§1917.156(b)(5)]
(i) Liquefied gas fueled vehicles may be stored or serviced inside garages or shops only if there are no fuel system leaks. [§1917.156(b)(5)(i)]
(ii) Liquefied gas fueled vehicles under repair shall have container shut-off valves closed unless engine operation is necessary for repairs. [§1917.156(b)(5)(ii)]
(iii) Liquefied gas fueled vehicles shall not be parked near open flames, sources of ignition or unventilated open pits.
[§1917.156(b)(5)(iii)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65 FR 40943, June 30, 2000] §1917.157
Battery charging and changing
(a) Only designated persons shall change or charge batteries. [§1917.157(a)]
(b) Battery charging and changing shall be performed only in areas designated by the employer. [§1917.157(b)]
(c) Smoking and other ignition sources are prohibited in charging areas. [§1917.157(c)]
(d) Filler caps shall be in place when batteries are being moved. [§1917.157(d)]
(e) Parking brakes shall be applied before batteries are charged or changed. [§1917.157(e)]
(f) When a jumper battery is connected to a battery in a vehicle, the ground lead shall connect to ground away from the vehicle's battery. Ignition, lights and accessories on the vehicle shall be turned off before connections are made. [§1917.157(f)]
(g) Batteries shall be free of corrosion buildup and cap vent holes shall be open. [§1917.157(g)]
(h) Adequate ventilation shall be provided during charging. [§1917.157(h)]
(i) Facilities for flushing the eyes, body and work area with water shall be provided wherever electrolyte is handled, except that this requirement does not apply when employees are only checking battery electrolyte levels or adding water. [§1917.157(i)]
(j) Carboy tilters or siphons shall be used to handle electrolyte in large containers. [§1917.157(j)]
(k) Battery handling equipment which could contact battery terminals or cell connectors shall be insulated or otherwise protected. [§1917.157(k)]
(l) Metallic objects shall not be placed on uncovered batteries. [§1917.157(l)]
(m) When batteries are being charged, the vent caps shall be in place. [§1917.157(m)]
(n) Chargers shall be turned off when leads are being connected or disconnected. [§1917.157(n)]
(o) Installed batteries shall be secured to avoid physical or electrical contact with compartment walls or components. [§1917.157(o)]
[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997] §1917.158
Prohibited operations
(a) Spray painting and abrasive blasting operations shall not be conducted in the vicinity of cargo handling operations. [§1917.158(a)]
(b) Welding and burning operations shall not be conducted in the vicinity of cargo handling operations unless such hot work is part of the cargo operation. [§1917.158(b)]
Part 1918 – Safety And Health Regulations For Longshoring
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 52007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911. Section 1918.90 also issued under 5 U.S.C. 553. Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C. 553.
Subpart A – General Provisions
§1918.1
Scope and application
(a) The regulations of this part apply to longshoring operations and related employments aboard vessels. All cargo transfer accomplished with the use of shore-based material handling devices is covered by part 1917 of this chapter. [§1918.1(a)]
(b) Part 1910 of this chapter does not apply to longshoring except for the following provisions: [§1918.1(b)]
(1) Access to employee exposure and medical records. Subpart Z, §1910.1020; [§1918.1(b)(1)]
(2) Commercial diving operations. Subpart T; [§1918.1(b)(2)]
(3) Electrical. Subpart S when shore-based electrical installations provide power for use aboard vessels; [§1918.1(b)(3)]
(4) Hazard communication. Subpart Z, §1910.1200; [§1918.1(b)(4)]
(5) Ionizing radiation. Subpart Z, §1910.1096; [§1918.1(b)(5)]
(6) Noise. Subpart G, §1910.95; [§1918.1(b)(6)]
(7) Nonionizing radiation. Subpart G, §1910.97; [§1918.1(b)(7)]
Note to paragraph (b)(7): Exposures to nonionizing radiation emissions from commercial vessel radar transmitters are considered hazardous under the following situations: (a) Where the radar is transmitting, the scanner is stationary, and the exposure distance is 19 feet (5.79 m) or less; or (b) where the radar is transmitting, the scanner is rotating, and the exposure distance is 5 feet (1.52 m.) or less.
(8) Respiratory protection. Subpart I, §1910.134; [§1918.1(b)(8)]
(9) Toxic and hazardous substances. Subpart Z applies to marine cargo handling activities except for the following: [§1918.1(b)(9)]
(i) When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements;1 [§1918.1(b)(9)(i)]
(ii) Bloodborne pathogens, §1910.1030; [§1918.1(b)(9)(ii)]
(iii) Carbon monoxide, §1910.1000 (See §1918.94(a)); and [§1918.1(b)(9)(iii)]
(iv) Hydrogen sulfide, §1910.1000 (See §1918.94(f)); and [§1918.1(b)(9)(iv)]
(v) Hexavalent chromium §1910.1026 (See §1915.1026)
[§1918.1(b)(9)(v)]
(10) Powered industrial truck operator training, Subpart N, §1910.178(l). [§1918.1(b)(10)]
Note to paragraph (b)(10): The Compliance dates of December 1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 for Longshoring.
(c) Section 1915.1026 applies to any occupational exposures to hexavalent chromium in workplaces covered by this part. [§1918.1(c)]
[62 FR 40202, July 25, 1997, as amended at 63 FR 66274, Dec. 1, 1998; 64 FR 46847, Aug. 27, 1999; 65 FR 40943, June 30, 2000; 71 FR 10381, Feb. 28, 2006]
§1918.2
Definitions
Barge means an unpowered, flatbottomed, shallow draft vessel including river barges, scows, carfloats, and lighters. It does not include ship shaped or deep draft barges.
Bulling means the horizontal dragging of cargo across a surface with none of the weight of the cargo supported by the fall.
Danger zone means any place in or about a machine or piece of equipment where an employee may be struck by or caught between moving parts, caught between moving and stationary objects or parts of the machine, caught between the material and a moving part of the machine, burned by hot surfaces or exposed to electric shock. Examples of danger zones are nip and shear points, shear lines, drive mechanisms, and areas underneath counterweights.
Designated person means a person who possesses specialized abilities in a specific area and is assigned by the employer to do a specific task in that area.
Dockboards (car and bridge plates) mean devices for spanning short distances between, for example, two barges, that is not higher than four feet (1.22m) above the water or next lower level.
Employee means any longshore worker or other person engaged in longshoring operations or related employments other than the master, ship's officers, crew of the vessel, or any person engaged by the master to load or unload any vessel of less than 18 net tons.
Employer means a person that employs employees in longshoring operations or related employments, as defined in this section.
Enclosed space means an interior space in or on a vessel that may contain or accumulate a hazardous atmosphere due to inadequate natural ventilation. Examples of enclosed spaces are holds, deep tanks and refrigerated compartments.
Fall hazard means the following situations:
(1)Whenever employees are working within three feet (.91 m) of the unprotected edge of a work surface that is 8 feet or more (2.44 m) above the adjoining surface and twelve inches (.3 m) or more, horizontally, from the adjacent surface; or
(2)Whenever weather conditions may impair the vision or sound footing of employees working on top of containers.
Fumigant is a substance or mixture of substances, used to kill pests or prevent infestation, that is a gas or is rapidly or progressively transformed to the gaseous state, although some nongaseous or particulate matter may remain and be dispersed in the treatment space.
Gangway means any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel, including accommodation ladders, gangplanks and brows.
Hatch beam or strongback mean a portable transverse or longitudinal beam placed across a hatchway that acts as a bearer to support the hatch covers.
Hazardous cargo, materials, substance or atmosphere means:
(1)Any substance listed in 29 CFR part 1910, subpart Z;
(2)Any material in the Hazardous Materials Table and Hazardous Materials Communications Regulations of the Department of Transportation, 49 CFR part 172;
(3)Any article not properly described by a name in the Hazardous Materials Table and Hazardous Materials Communication Regulations of the Department of Transportation, 49 CFR part 172, but which is properly classified under the definitions of those categories of dangerous articles given in 49 CFR part 173; or
(4)Any atmosphere with an oxygen content of less than 19.5 percent or greater than 23 percent.
Intermodal container means a reusable cargo container of a rigid construction and rectangular configuration; fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another; so designed to be readily filled and emptied; intended to contain one or more articles of cargo or bulk commodities for transportation by water and one or more other transport modes. The term includes completely enclosed units, open top units, fractional height units, units incorporating liquid or gas tanks and other variations fitting into the container system. It does not include cylinders, drums, crates, cases, cartons, packages, sacks, unitized loads or any other form of packaging.
Longshoring operations means the loading, unloading, moving or handling of cargo, ship's stores, gear, or any other materials, into, in, on, or out of any vessel.
Mississippi River System includes the Mississippi River from the head of navigation to its mouth, and navigable tributaries including the Illinois Waterway, Missouri River, Ohio River, Tennessee River, Allegheny River, Cumberland River, Green River, Kanawha River, Monongahela River, and such others to which barge operations extend.
Public vessel means a vessel owned and operated by a government and not regularly employed in merchant service.
Ramp means other flat surface devices for passage between levels and across openings not covered under the term dockboards.
Related employments means any employments performed incidental to or in conjunction with longshoring operations, including, but not restricted to, securing cargo, rigging, and employment as a porter, clerk, checker, or security officer.
River towboat means a shallow draft, low freeboard, self-propelled vessel designed to tow river barges by pushing ahead. It does not include other towing vessels.
Ro-Ro operations are those cargo handling and related operations, such as lashing, that occur on Ro-Ro vessels, which are vessels whose cargo is driven on or off the vessel by way of ramps and moved within the vessel by way of ramps and/or elevators.
Ship's stores means materials that are aboard a vessel for the upkeep, maintenance, safety, operation, or navigation of the vessel, or for the safety or comfort of the vessel's passengers or crew.
Small trimming hatch means a small hatch or opening, pierced in the between deck or other intermediate deck of a vessel, and intended for the trimming of dry bulk cargoes. It does not refer to the large hatchways through which cargo is normally handled.
Vessel includes every description of watercraft or other artificial contrivance used or capable of being used for transportation on water, including special purpose floating structures not primarily designed for or used for transportation on water.
Vessel's cargo handling gear includes that gear that is a permanent part of the vessel's equipment and used for the handling of cargo other than bulk liquids. The term covers all stationary or mobile cargo handling appliances used on board ship for suspending, raising or lowering loads or moving them from one position to another while suspended or supported. This includes, but is not limited to, cargo elevators, forklifts, and other powered industrial equipment. It does not include gear used only for handling or holding hoses, handling ship's stores or handling the gangway, or boom conveyor belt systems for the self-unloading of bulk cargo vessels.
1.The International Maritime Organization publishes the International Maritime Dangerous Goods Code to aid compliance with the international legal requirements of the International Convention for the Safety of Life at Sea, 1960.
Part 1918 - Safety and Health Regulations for Longshoring
§1918.3
Incorporation by reference
(a) (1) The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. Only the mandatory provisions (i.e. provisions containing the word “shall” or other mandatory language) of standards incorporated by reference are adopted as standards under the Occupational Safety and Health Act. [§1918.3(a)(1)]
(2) The standards listed in paragraph (b) of this section are incorporated by reference in the corresponding sections noted as the sections exist on the date of the approval, and a notice of any change in these standards will be published in the Federal Register. The Director of the Federal Register approved these incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. [§1918.3(a)(2)]
(3) Any changes in the standards incorporated by reference in this part and an official historic file of such changes are available for inspection in the Docket Office at the national office of the Occupational Safety and Health Administration, U.S. Department of Labor, Washington, DC 20910; telephone: 202693-2350 (TTY number: 877-889-5627). [§1918.3(a)(3)]
(4) Copies of standards listed in this section and issued by private standards organizations are available for purchase from the issuing organizations at the addresses or through the other contact information listed below for these private standards organizations. In addition, these standards are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, telephone: 202-741-6030, or go to http://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_locations.html. Also, the standards are available for inspection at any Regional Office of the Occupational Safety and Health Administration (OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; telephone: 202-693-2350 (TTY number: 877-889-5627). [§1918.3(a)(4)]
(b) Except as noted, copies of the standards listed below in this paragraph are available for purchase from the American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: [§1918.3(b)]
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; IBR approved for §1918.24(g)(1). [§1918.3(b)(1)]
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders; IBR approved for §1918.24(g)(2). [§1918.3(b)(2)]
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic Ladders; IBR approved for §1918.24(g)(3). [§1918.3(b)(3)]
(4) ANSI Z41-1999, American National Standard for Personal Protection — Protective Footwear; IBR approved for §1918.104(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://www.nsc.org. [§1918.3(b)(4)]
(5) ANSI Z41-1991, American National Standard for Personal Protection — Protective Footwear; IBR approved for §1918.104(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http:// www.nsc.org. [§1918.3(b)(5)]
(6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, Approved April 13, 2010; IBR approved for §1918.101(a). Copies are available for purchase from: [§1918.3(b)(6)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [§1918.3(b)(6)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [§1918.3(b)(6)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [§1918.3(b)(6)(iii)]
(7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, Approved June 19, 2003; IBR approved for §1918.101(a). Copies available for purchase from the: [§1918.3(b)(7)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [§1918.3(b)(7)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [§1918.3(b)(7)(ii)]
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [§1918.3(b)(7)(iii)]
(8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, Reaffirmation approved January 4, 1999; IBR approved for §1918.101(a). Copies are available for purchase from: [§1918.3(b)(8)]
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/; [§1918.3(b)(8)(i)]
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http:// global.ihs.com; or [§1918.3(b)(8)(ii)] (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com. [§1918.3(b)(8)(iii)]
(9) American National Standards Institute (ANSI) Z89.1-2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for §1918.103(b)(1)(i). Copies of ANSI Z89.1-2009 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 222091762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org. [§1918.3(b)(9)]
(10) American National Standards Institute (ANSI) Z89.1-2003, American National Standard for Industrial Head Protection; IBR approved for §1918.103(b)(1)(ii). Copies of ANSI Z89.1-2003 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209- 1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org. [§1918.3(b)(10)]
(11) American National Standards Institute (ANSI) Z89.1-1997, American National Standard for Personnel Protection — Protective Headwear for Industrial Workers — Requirements; IBR approved for §1918.103(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org. [§1918.3(b)(11)]
(c) Copies of the following standards are available for purchase from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-8329555; e-mail: seviceastm.org; Web site: http://www.astm.org. [§1918.3(c)]
(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR approved for §1917.94(b)(1)(i). [§1918.3(c)(1)] (2) ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear; IBR approved for §1917.94(b)(1)(i). [§1918.3(c)(2)]
[62 FR 40202, July 25, 1997, as amended at 69 FR 18803, Apr. 9, 2004; 74 FR 46360, Sept. 9, 2009; 77 FR 37599, June 22, 2012; 81 FR 16091, Mar. 25, 2016] §1918.4
OMB control numbers under the Paperwork Reduction Act
The following list identifies the 29 CFR citations for sections or paragraphs in this part that contain a collection of information requirement approved by the Office of Management and Budget (OMB). The list also provides the control number assigned by OMB to each approved requirement; control number 1218-0196 expires on May 31, 2002 and control number 1218-0003 expires on July 31, 2001. The list follows:
29 CFR citation OMB control No. 29 CFR citation OMB control No. 1918.22(g)1218-01961918.66(a)(8)1218-0196
1918.24(i)(1) 1218-0196 1918.66(a)(9) 1218-0196
1918.61(b)(2)1218-01961918.66(a)(11)1218-0196
1918.61(c) 1218-0196 1918.66(a)(15) 1218-0196
1918.61(f)(1)1218-00031918.66(d)(2)1218-0196
1918.61(f)(2) 1218-0003 1918.66(d)(4) 1218-0196
1918.61(g)1218-00031918.66(f)(1)(v)1218-0196
1918.61(h) 1218-0003 1918.85(a) 1218-0196
1918.61(i)1218-00031918.85(b)(4)(ii)1218-0196
1918.62(b)(1) 1218-0196 1918.85(k)(13) 1218-0196
1918.62(b)(5)1218-01961918.86(b)1218-0196
1918.62(c)(1) 1218-0196 1918.86(e) 1218-0196
1918.62(d)(1)1218-01961918.86(g)1218-0196
1918.62(g)(3) 1218-0196 1918.86(h) 1218-0196
1918.62(g)(4)1218-01961918.93(b)1218-0196
1918.62(h)(1) 1218-0196 1918.93(d)(4) 1218-0196
1918.62(h)(3)(ii)1218-01961918.94(c)1218-0196
1918.62(h)(4) 1218-0196 1918.96(e)(2) 1218-0196
(continued)
1918.64(k)(1)1218-01961918.97(d)(7)1218-0196
1918.64(k)(2) 1218-0196 1918.100(a) 1218-0196
1918.65(b)(1)1218-01961918.100(e)(3)1218-0196
1918.66(a)(2) 1218-0196
[64 FR 61506, Nov. 12, 1999]
§1918.5
Compliance duties owed to each employee
(a) Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation. [§1918.5(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. [§1918.5(b)]
[73 FR 75588, Dec. 12, 2008]
Subpart B – Gear Certification
§1918.11
Gear certification (See also §§1918.2, definition of “Vessel's cargo handling gear” and 1918.51)
(a) The employer shall not use the vessel's cargo handling gear until it has been ascertained that the vessel has a current and valid cargo gear register and certificates that in form and content are in accordance with the recommendations of the International Labor Office, as set forth in appendix I of this part, and as provided by International Labor Organization Convention No. 152, and that shows that the cargo gear has been tested, examined and heat treated by or under the supervision of persons or organizations defined as competent to make register entries and issue certificates pursuant to paragraphs (b) and (c) of this section. [§1918.11(a)]
(1) Annual thorough examinations under ILO 152 are required after July 27, 1998. [§1918.11(a)(1)]
(2) Testing under ILO 152 is required after July 16, 2001. [§1918.11(a)(2)]
(3) In the interim period(s), prior to the effective dates noted in paragraph (a) (1) and (2), vessels with cargo gear and a cargo gear register according to ILO 32 are deemed to meet the requirements of this paragraph (a). [§1918.11(a)(3)]
(b) Public vessels and vessels holding a valid Certificate of Inspection issued by the U.S. Coast Guard pursuant to 46 CFR part 91 are deemed to meet the requirements of paragraph (a) of this section. [§1918.11(b)]
(c) With respect to U.S. vessels not holding a valid Certificate of Inspection issued by the U.S. Coast Guard, entries in the registers and the issuance of certificates required by paragraph (a) of this section shall be made only by competent persons currently accredited by the U.S. Department of Labor (OSHA) for full function vessels or loose gear and wire rope testing, as appropriate, as provided in part 1919 of this chapter. [§1918.11(c)]
(d) With respect to vessels under foreign registries, persons or organizations competent to make entries in the registers and issue the certificates required by paragraph (a) of this section shall be: [§1918.11(d)]
(1) Those acceptable as such to any foreign nation; [§1918.11(d)(1)]
(2) Those acceptable to the Commandant of the U.S. Coast Guard; or [§1918.11(d)(2)]
(3) Those currently accredited by the U.S. Department of Labor (OSHA), for full function vessels or loose gear and wire rope testing, as appropriate and as provided in part 1919 of this chapter. [§1918.11(d)(3)]
Subpart C – Gangways and Other Means of Access
§1918.21
General requirements
The employer shall not permit employees to board or leave any vessel, except a barge or river towboat, until all of the applicable requirements of this subpart have been met.
(a) If possible, the vessel's means of access shall be located so that suspended loads do not pass over it. In any event, suspended loads shall not be passed over the means of access while employees or others are on it. [§1918.21(a)]
(b) When the upper end of the means of access rests on or is flush with the top of the bulwark, substantial steps, properly secured, trimmed and equipped with at least one substantial handrail, 33 inches (.84 m) in height, shall be provided between the top of the bulwark and the deck. [§1918.21(b)]
(c) The means of access shall be illuminated for its full length in accordance with §1918.92.2 [§1918.21(c)]
§1918.22
Gangways
(a) Whenever practicable, a gangway of not less than 20 inches (.51 m) in width, of adequate strength, maintained in safe repair and safely secured shall be used. If a gangway is not practicable, a straight ladder meeting the requirements of §1918.24 that extends at least 36 inches (.91 m) above the upper landing surface and is secured against shifting or slipping shall be provided. When conditions are such that neither a gangway nor straight ladder can be used, a Jacob's ladder meeting the requirements of §1918.23 may be used. [§1918.22(a)]
(b) Each side of the gangway, and the turntable, if used, shall have a hand rail with a minimum height of 33 inches (.84 m) measured perpendicularly from rail to walking surfaces at the stanchion, with a midrail. Rails shall be of wood, pipe, chain, wire, rope or materials of equivalent strength and shall be kept taut always. Portable stanchions supporting railings shall be supported or secured to prevent accidental dislodgement. [§1918.22(b)]
(c) The gangway shall be kept properly trimmed. [§1918.22(c)]
(d) When a fixed flat tread accommodation ladder is used, and the angle is low enough to require employees to walk on the edge of the treads, cleated duckboards shall be laid over and secured to the ladder. [§1918.22(d)]
(e) When the gangway overhangs the water so that there is danger of employees falling between the ship and the dock, a net or suitable protection shall be provided to prevent employees from receiving serious injury from falls to a lower level. [§1918.22(e)]
(f) If the foot of a gangway is more than one foot (.30 m) away from the edge of the apron, the space between them shall be bridged by a firm walkway equipped with a hand rail with a minimum height of approximately 33 inches (.84 m) with midrails on both sides. [§1918.22(f)]
(g) Gangways shall be kept clear of supporting bridles and other obstructions, to provide unobstructed passage. If, because of design, the gangway bridle cannot be moved to provide unobstructed passage, then the hazard shall be properly marked to alert employees of the danger. [§1918.22(g)]
(h) Obstructions shall not be laid on or across the gangway. [§1918.22(h)]
(i) Handrails and walking surfaces of gangways shall be maintained in a safe condition to prevent employees from slipping or falling. [§1918.22(i)]
(j) Gangways on vessels inspected and certificated by the U.S. Coast Guard are deemed to meet the requirements of this section. [§1918.22(j)] §1918.23
Jacob's ladders
(a) Jacob's ladders shall be of the double rung or flat tread type. They shall be well maintained and properly secured. [§1918.23(a)]
(b) A Jacob's ladder shall either hang without slack from its lashings or be pulled up entirely. [§1918.23(b)]
(c) When a Jacob's ladder is used as the means of access to a barge being worked, spacers (bumpers) shall be hung between the vessel, barge, or other structure to which the barge is tied alongside, or other equally effective means shall be provided to prevent damage to the bottom rungs of the ladder. [§1918.23(c)]
(d)When a Jacob's ladder is being used so that there is a danger of an employee falling or being crushed between the vessel, barge, or other structure (pier), suitable protection shall be provided. [§1918.23(d)]
§1918.24
Fixed and portable ladders
(a) There shall be at least one safe and accessible ladder for each gang working in a single hatch. An effective means of gaining a handhold shall be provided at or near the head of each vertical fixed ladder. No more than two ladders are required in any hatch regardless of the number of gangs present. [§1918.24(a)]
(b) When any fixed ladder is visibly unsafe (or known to be unsafe), the employer shall identify such ladder and prohibit its use by employees. [§1918.24(b)]
(c) Where portable straight ladders are used, they shall be of sufficient length to extend three feet (.91 m) above the upper landing surface, and be positively secured or held against shifting or slipping. When conditions are such that a straight ladder cannot be used, Jacob's ladders meeting the requirements of §1918.23 may be used. [§1918.24(c)]
2.§1918.92 requires, along with other requirements, an average light intensity of five foot-candles (54 lux).
§1918.25 Part 1918 - Safety and Health Regulations for Longshoring
(d) For vessels built after July 16, 2001, when six inches (15.24 cm) or more clearance does not exist behind the rungs of a fixed ladder, the ladder shall be deemed “unsafe” for the purposes of this section. Alternate means of access (for example, a portable ladder) must be used. [§1918.24(d)]
(e)
(1) Where access to or from a stowed deckload or other cargo is needed and no other safe means is available, ladders or steps of adequate strength shall be furnished and positively secured or held against shifting or slipping while in use. Steps formed by the cargo itself are acceptable when the employer demonstrates that the nature of the cargo and the type of stowage provides equivalent safe access. [§1918.24(e)(1)]
(2) Where portable straight ladders are used they shall be of sufficient length to extend at least three feet (.91 m) above the upper landing surface. [§1918.24(e)(2)]
(f) The following standards for existing manufactured portable ladders must be met: [§1918.24(f)]
(1) Rungs of manufactured portable ladders obtained before January 21, 1998 shall be capable of supporting a 200-pound (890 N) load without deformation. [§1918.24(f)(1)]
(2) Rungs shall be evenly spaced from nine to sixteen and onehalf inches (22.9 to 41.9 cm), center to center. [§1918.24(f)(2)]
(3) Rungs shall be continuous members between rails. Each rung of a double-rung ladder (two side rails and a center rail) shall extend the full width of the ladder. [§1918.24(f)(3)]
(4) Width between side rails at the base of the ladder shall be at least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in overall length, and shall increase at least one-fourth inch (0.64 cm) for each additional two feet (0.61 m) of ladder length. [§1918.24(f)(4)]
(g) Portable manufactured ladders obtained after January 21, 1998 shall bear identification showing that they meet the appropriate ladder construction requirements of the following standards: [§1918.24(g)]
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; [§1918.24(g)(1)]
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders; [§1918.24(g)(2)]
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic Ladders. [§1918.24(g)(3)]
(h) Job-made ladders shall: [§1918.24(h)]
(1) Have a uniform distance between rungs of at least 12 inches (30.48cm) center to center; [§1918.24(h)(1)]
(2) Be capable of supporting a 250-pound (1,112 N) load without deformation; and [§1918.24(h)(2)]
(3) Have a minimum width between side rails of 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in height. Width between rails shall increase at least one-fourth inch (0.64 cm) for each additional two feet (0.61 m) of ladder length. [§1918.24(h)(3)]
(i) The employer shall: [§1918.24(i)]
(1) Maintain portable ladders in safe condition. Ladders with the following defects shall not be used, and shall either be tagged as unusable if kept on board, or shall be removed from the vessel: [§1918.24(i)(1)]
(i) Broken, split or missing rungs, cleats or steps; [§1918.24(i)(1)(i)]
(ii) Broken or split side rails; [§1918.24(i)(1)(ii)]
(iii) Missing or loose bolts, rivets or fastenings; [§1918.24(i)(1)(iii)]
(iv) Defective ropes; or [§1918.24(i)(1)(iv)]
(v) Any other structural defect. [§1918.24(i)(1)(v)]
(2) Ladders shall be inspected for defects before each day's use, and after any occurrence, such as a fall, which could damage the ladder. [§1918.24(i)(2)]
(j) Ladders shall be used in the following manner: [§1918.24(j)]
(1) Ladders shall be securely positioned on a level and firm base. [§1918.24(j)(1)]
(2) Ladders shall be fitted with slip-resistant bases and/or be positively secured or held in place to prevent slipping or shifting while in use. [§1918.24(j)(2)]
(3) Except for combination ladders, self-supporting ladders shall not be used as single straight ladders. [§1918.24(j)(3)]
(4) Unless intended for cantilever operation, non-self-supporting ladders shall not be used to climb above the top support point. [§1918.24(j)(4)]
(5) Ladders shall not be used: [§1918.24(j)(5)]
(i) As guys, braces or skids; or [§1918.24(j)(5)(i)]
(ii) As platforms, runways or scaffolds. [§1918.24(j)(5)(ii)]
(6) Metal and wire-reinforced ladders (even with wooden side rails) shall not be used when employees on the ladder might contact energized electrical conductors. [§1918.24(j)(6)]
(7) Individual sections from different multi-sectional ladders or two or more single straight ladders shall not be tied or fastened together to achieve additional length. [§1918.24(j)(7)]
(8) Single rail ladders (i.e. made by fastening rungs or devices across a single rail) shall not be used. [§1918.24(j)(8)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
§1918.25
Bridge plates and ramps (See also §1918.86)
(a) Bridge and car plates (dockboards). Bridge and car plates used afloat shall be well maintained and shall: [§1918.25(a)]
(1) Be strong enough to support the loads imposed on them; [§1918.25(a)(1)]
(2) Be secured or equipped with devices to prevent their dislodgement; [§1918.25(a)(2)]
(3) Be equipped with hand holds or other effective means to permit safe handling; and [§1918.25(a)(3)]
(4) Be designed, constructed, and maintained to prevent vehicles from running off the edge.3 [§1918.25(a)(4)]
(b) Portable ramps. Portable ramps used afloat shall be well maintained and shall: [§1918.25(b)]
(1) Be strong enough to support the loads imposed on them; [§1918.25(b)(1)]
(2) Be equipped with a railing meeting the requirements of §1918.21(b), if the slope is more than 20 degrees to the horizontal or if employees could fall more than four feet (1.22 m); [§1918.25(b)(2)]
(3) Be equipped with a slip resistant surface; [§1918.25(b)(3)]
(4) Be properly secured; and [§1918.25(b)(4)]
(5) Be designed, constructed, and maintained to prevent vehicles from running off the edge.4 [§1918.25(b)(5)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
§1918.26
Access to barges and river towboats
(a) With the exception of §1918.25(b)(2), ramps used solely for vehicle access to or between barges shall meet the requirements of §1918.25. [§1918.26(a)]
(b) When employees cannot step safely to or from the wharf and a float, barge, or river towboat, either a ramp meeting the requirements of paragraph (a) of this section or a safe walkway meeting the requirements of §1918.22(f) shall be provided. When a ramp or walkway cannot be used, a straight ladder meeting the requirements of §1918.24 and extending at least three feet (.91 m) above the upper landing surface and adequately secured or held against shifting or slipping shall be provided. When neither a walkway nor a straight ladder can be used, a Jacob's ladder meeting the requirements of §1918.23 shall be provided. Exception: For barges operating on the Mississippi River System, where the employer shows that these requirements cannot reasonably be met due to local conditions, other safe means of access shall be provided. [§1918.26(b)]
(c) When a barge or raft is being worked alongside a larger vessel, a Jacob's ladder meeting the requirements of §1918.23 shall be provided for each gang working alongside unless other safe means of access is provided. However, no more than two Jacob's ladders are required for any single barge or raft being worked. [§1918.26(c)]
(d) When longshoring operations are in progress on barges, the barges shall be securely made fast to the vessel, wharf, or dolphins. [§1918.26(d)]
Subpart D – Working Surfaces
§1918.31
Hatch coverings
(a) No cargo, dunnage, or other material shall be loaded or unloaded by means requiring the services of employees at any partially opened intermediate deck unless either the hatch at that deck is sufficiently covered or an adequate landing area suitable for the prevailing conditions exists. In no event shall such work be done unless the working area available for such employees extends for a distance of 10 feet (3.05 m) or more fore and aft and athwartships. [§1918.31(a)]
(b) Cargo shall not be landed on or handled over a covered hatch or 'tween-decks unless all hatch beams are in place under the hatch covers. [§1918.31(b)]
(c) Missing, broken, or poorly fitting hatch covers that would not protect employees shall be reported at once to the officer in charge of the vessel. Pending replacement or repairs by the vessel, work shall not be performed in the section containing the unsafe covers or in adjacent sections unless the flooring is made safe. [§1918.31(c)]
(d) Hatch covers and hatch beams not of uniform size shall be placed only in the hatch, deck, and section in which they fit properly. [§1918.31(d)]
(e) Small trimming hatches in intermediate decks shall be securely covered or guarded while work is going on in the hatch in which they are found, unless they are actually in use. [§1918.31(e)]
3.When the gap to be bridged is greater than 36 inches (.91m), an acceptalbe means of preventing vehicles from running off the edge is a minimum side board height of two and three-quarter inches.
4.When the gap to be bridged is greater than 36 inches (.91m), an acceptable means of preventing vehicles from running off the edge is a minimum side board height of two and three-quarter inches.
Handling hatch beams and covers
§1918.32
Stowed cargo and temporary landing surfaces
(a) Temporary surfaces on which loads are to be landed shall be of sufficient size and strength to permit employees to work safely. [§1918.32(a)]
(b) When the edge of a hatch section or of stowed cargo may constitute a fall hazard to an employee, the edge shall be guarded by a vertical safety net, or other means providing equal protection, to prevent an employee from falling. When the employer can demonstrate that vertical nets or other equally effective means of guarding cannot be used due to the type of cargo, cargo stowage, or other circumstances, a trapeze net shall be rigged at the top edge of the elevation or other means shall be taken to prevent injury if an employee falls. Safety nets shall be maintained in good condition and be of adequate strength for the purpose intended. [§1918.32(b)]
(c) When two gangs are working in the same hatch on different levels, a vertical safety net shall be rigged and securely fastened to prevent employees or cargo from falling. Safety nets shall be maintained in good condition and be of adequate strength for the purpose intended. [§1918.32(c)]
§1918.33
Deck loads
(a) Employees shall not be permitted to pass over or around deck loads unless there is a safe route of passage. [§1918.33(a)]
(b) Employees giving signals to crane operators shall not be permitted to walk over deck loads from rail to coaming unless there is a safe route of passage. If it is necessary to stand or walk at the outboard or inboard edge of the deck load having less than 24 inches (.61 m) of bulwark, rail, coaming, or other protection, those employees shall be provided with protection against falling from the deck load. [§1918.33(b)]
§1918.34
Other decks
(a) Cargo shall not be worked on decks that were not designed to support the load being worked. [§1918.34(a)]
(b) Grated decks shall be properly placed, supported, maintained and designed to support employees. [§1918.34(b)]
§1918.35
Open hatches
Open weather deck hatches around which employees must work that are not protected to a height of 24 inches (.61 m) by coamings shall be guarded by taut lines or barricades at a height of 36 to 42 inches (.91 to 1.07 m) above the deck, except on the side on which cargo is being worked. Any portable stanchions or uprights used shall be supported or secured to prevent accidental dislodgement.
§1918.36
Weather deck rails
Removable weather deck rails shall be kept in place except when cargo operations require them to be removed, in which case they shall be replaced as soon as such cargo operations are completed.
§1918.37
Barges
(a) Walking shall be prohibited along the sides of covered lighters or barges with coamings or cargo more than five feet (1.52 m) high unless a three-foot (.91 m) clear walkway or a grab rail or taut handline is provided. [§1918.37(a)]
(b) Walking or working shall be prohibited on the decks of barges to be loaded unless the walking or working surfaces have been determined by visual inspection to be structurally sound and maintained properly. If, while discharging a barge, an unsound deck surface is discovered, work shall be discontinued and shall not be resumed until means have been taken to ensure a safe work surface. [§1918.37(b)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Subpart E – Opening and Closing Hatches
§1918.41
Coaming clearances
(a) Weather decks. If a deck load (such as lumber or other smooth sided deck cargo) more than five feet (1.52 m) high is stowed within three feet (.91 m) of the hatch coaming and employees handling hatch beams and hatch covers are not protected by a coaming at least 24-inch (.61 m) high, a taut handline shall be provided along the side of the deckload. The requirements of §1918.35 are not intended to apply in this situation. [§1918.41(a)]
(b) Intermediate decks. [§1918.41(b)]
(1) There shall be a three-foot (.91 m) working space between the stowed cargo and the coaming at both sides and at one end of the hatches with athwartship hatch beams, and at both ends of those hatches with fore and aft hatch beams, before intermediate deck hatch covers and hatch beams are removed or replaced. Exception: The three-foot (.91 m) clearance is not required on the covered portion of a partially open hatch, nor is
it required when lower decks have been filled to hatch beam height with cargo of such a nature as to provide a safe surface upon which employees may work. [§1918.41(b)(1)]
(2) For purposes of paragraph (b)(1) of this section, fitted gratings that are in good condition shall be considered a part of the decking when properly placed within the three-foot (.91 m) area. [§1918.41(b)(2)]
(c) Grab rails or taut handlines shall be provided for the protection of employees handling hatch beams and hatch covers, when bulkheads, lockers, reefer compartments or large spare parts are within three feet (.91 m) of the coaming. [§1918.41(c)]
(d) The clearances in this section do not apply to hatches opened or closed solely by hydraulic or other mechanical means; except that, in all cases in which the three-foot (.91 m) clearance does not exist, cargo that is stowed within three feet (.91 m) of the edge of the hatch shall be adequately secured to prevent cargo from falling into the hold. [§1918.41(d)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
§1918.42
Hatch beam and pontoon bridles
(a) Hatch beam and pontoon bridles shall be: [§1918.42(a)]
(1) Long enough to reach the holes, rings, or other lifting attachments on the hatch beams and pontoons easily; [§1918.42(a)(1)]
(2) Of adequate strength to lift the load safely; and [§1918.42(a)(2)]
(3) Properly maintained, including covering or blunting of protruding ends in wire rope splices. [§1918.42(a)(3)]
(b) Bridles for lifting hatch beams shall be equipped with toggles, shackles, or hooks, or other devices of such design that they cannot become accidentally dislodged from the hatch beams with which they are used. Hooks other than those described in this section may be used only when they are hooked into the standing part of the bridle. Toggles, when used, shall be at least one inch (2.54 cm) longer than twice the largest diameter of the holes into which they are placed. [§1918.42(b)]
(c)Bridles used for lifting pontoons and plugs shall have the number of legs required by the design of the pontoon or plug, and all of which shall be used. Where any use of a bridle requires fewer than the number of legs provided, idle legs shall be hung on the hook or ring, or otherwise prevented from swinging free. [§1918.42(c)]
(d) At least two legs of all strongback and pontoon bridles shall be equipped with a lanyard at least eight feet (2.44 m) long and in good condition. The bridle end of the lanyard shall be of chain or wire. [§1918.42(d)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
§1918.43
Handling hatch beams and covers
Paragraphs (f)(2), (g), and (h) of this section apply only to folding, sliding, or hinged metal hatch covers or to those hatch covers handled by cranes.
(a) (1) When hatch covers or pontoons are stowed on the weather deck abreast of hatches, they shall be arranged in stable piles not closer to the hatch coaming than three feet (.91 m). Exception: On the working side of the hatch, hatch covers or pontoons may be spread one high between the coaming and bulwark with no space between them, provided the height of the hatch coaming is no less than 24 inches (.61 m). Under no circumstances shall hatch covers or pontoons be stacked higher than the hatch coaming or bulwark on the working side of the hatch. [§1918.43(a)(1)]
(2) On seagoing vessels, hatch boards or similar covers removed from the hatch beams in a section of partially opened hatch during cargo handling, cleaning or other operations shall not be stowed on the boards or covers left in place within that section. [§1918.43(a)(2)]
(b) Hatch beams shall be laid on their sides, or stood on an edge close together and lashed. Exception: This paragraph (b) shall not apply in cases where hatch beams are of such design that: [§1918.43(b)]
(1) The width of the flange is 50 percent or more of the height of the web; and [§1918.43(b)(1)]
(2) The flange rests flat on the deck when the hatch beam is stood upright. [§1918.43(b)(2)]
(c) Strongbacks, hatch covers, and pontoons removed from hatch openings and placed on the weather deck shall not obstruct clear fore-and-aft or coaming-to-bulwark passageways and shall be lashed or otherwise secured to prevent accidental dislodgement. Dunnage or other suitable material shall be used under and between tiers of strongbacks and pontoons to prevent them from sliding when stowed on steel decks. [§1918.43(c)]
(d) Hatch covers unshipped in an intermediate deck shall be placed at least three feet (.91 m) from the coaming or they shall be removed to another deck. Strongbacks unshipped in an intermediate deck shall not be placed closer than six inches (15.24 cm) from the coaming and, if placed closer than three feet (.91 m), shall be secured so that they cannot be tipped or dragged into a lower compartment. If such placement or securement is not possible, strongbacks shall be removed to another deck. [§1918.43(d)]
(e) Any hatch beam or pontoon left in place next to an open hatch section being worked shall be locked or otherwise secured, so that
§1918.51 Part 1918 - Safety and Health Regulations for Longshoring
it cannot be accidentally displaced. All portable, manually handled hatch covers, including those bound together to make a larger cover, shall be removed from any working section, and adjacent sections, unless securely lashed. [§1918.43(e)]
(f) (1) The roller hatch beam at the edge of the open section of the hatch shall be lashed or pinned back so that it cannot be moved toward the open section. [§1918.43(f)(1)]
(2) Rolling, sectional or telescopic hatch covers of barges that open in a fore and aft direction shall be secured against unintentional movement while in the open position. [§1918.43(f)(2)]
(g) Hinged or folding hatch covers normally stowed in an approximately vertical position shall be positively secured when in the upright position, unless the design of the system otherwise prevents unintentional movement. [§1918.43(g)]
(h) Hatches shall not be opened or closed while employees are in the square of the hatch below. [§1918.43(h)]
(i) All materials such as dunnage, lashings, twist locks, or stacking cones shall be removed from the hatch cover or be secured to prevent them from falling off the cover before the hatch cover is moved. [§1918.43(i)]
(j) When a hatch is to be covered, hatch covers or night tents shall be used. Any covering that only partially covers the hatch, such as alternate hatch covers or strips of dunnage, shall not be covered by a tarpaulin. Exception: A tarpaulin may be used to cover an open or partially open hatch to reduce dust emissions during bulk cargo loading operations, if positive means are taken to prevent employees from walking on the tarpaulin. [§1918.43(j)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Subpart F – Vessel's Cargo Handling Gear
§1918.51
General requirements (See also §1918.11 and appendix III of this part)
(a) The safe working load specified in the cargo gear certification papers or marked on the booms shall not be exceeded. Any limitations imposed by the certificating authority shall be followed. [§1918.51(a)]
(b) All components of cargo handling gear, including tent gantlines and associated rigging, shall be inspected by the employer or a designated person before each use and at appropriate intervals during use. Any gear that is found unsafe shall not be used until it is made safe. [§1918.51(b)]
(c) The employer shall determine the load ratings shown on the vessel's wire rope certificates for all wire rope and wire rope slings comprising part of ship's gear and shall observe these load ratings. [§1918.51(c)]
(d) The following limitations shall apply to the use of wire rope as a part of the ship's cargo handling gear: [§1918.51(d)]
(1) Eye splices in wire ropes shall have at least three tucks with a whole strand of the rope and two tucks with one-half of the wire cut from each strand. Other forms of splices or connections that the employer demonstrates will provide the same level of safety may be used; [§1918.51(d)(1)]
(2) Except for eye splices in the ends of wires, each wire rope used in hoisting or lowering, in guying derricks, or as a topping lift, preventer, segment of a multi-part preventer, or pendant, shall consist of one continuous piece without knot or splice; and [§1918.51(d)(2)]
(3) Wire rope and wire rope slings exhibiting any of the defects or conditions specified in §1918.62(b)(3)(i) through (vi) shall not be used. [§1918.51(d)(3)]
(e) Natural and synthetic fiber rope slings exhibiting any of the defects or conditions specified in §1918.62(e) (1) through (7) shall not be used. [§1918.51(e)]
(f) Synthetic web slings exhibiting any of the defects or conditions specified in §1918.62(g)(2)(i) through (vi) shall not be used. [§1918.51(f)]
(g) Chains, including slings, exhibiting any of the defects or conditions specified in §1918.62 (h)(3) (iii), (iv), or (h)(6) shall not be used. [§1918.51(g)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000] §1918.52
Specific requirements
(a) Preventers. [§1918.52(a)]
(1) When preventers are used they shall be of sufficient strength for the intended purpose. They shall be secured to the head of the boom independent of working guys unless, for cast fittings, the strength of the fitting exceeds the total strength of all lines secured to it. Any tails, fittings, or other means of making the preventers fast on the deck shall provide strength equal to that of the preventer itself. [§1918.52(a)(1)]
(2) Wire rope clips or knots shall not be used to form eyes in, nor to join sections of, preventer guys. [§1918.52(a)(2)]
(b) Stoppers. [§1918.52(b)]
(1) Chain topping lift stoppers shall be in good condition, equipped with fiber tails, and long enough to allow not fewer than three half-hitches in the chain. [§1918.52(b)(1)]
(2) Chain stoppers shall be shackled or otherwise secured so that their links are not bent by being passed around fittings. The point of attachment shall be of sufficient strength and so placed that the stoppers are in line with the normal topping lift lead at the time the stopper is applied. [§1918.52(b)(2)]
(3) Patent stoppers of the clamp type shall be appropriate for the size of the rope used. Clamps shall be in good condition and free of any substance that would prevent their being drawn tight. [§1918.52(b)(3)]
(c) Falls. [§1918.52(c)]
(1) The end of the winch fall shall be secured to the drum by clamps, U-bolts, shackles, or other equally strong methods. Fiber rope fastenings shall not be used. [§1918.52(c)(1)]
(2) Winch falls shall not be used with fewer than three turns on the winch drum. [§1918.52(c)(2)]
(3) Eyes in the ends of wire rope cargo falls shall not be formed by knots and, in single part falls, shall not be formed by wire rope clips. [§1918.52(c)(3)]
(4) When the design of the winch permits, the fall shall be wound on the drum so that the cargo hook rises when the winch control lever is pulled back and lowers when the lever is pushed forward. [§1918.52(c)(4)]
(d) Heel blocks. [§1918.52(d)]
(1) When an employee works in the bight formed by the heel block, a preventer at least three-quarters of an inch (1.91 cm) in diameter wire rope shall be securely rigged, or equally effective means shall be taken, to hold the block and fall if the heel block attachments fail. Where physical limitations prohibit the fitting of a wire rope preventer of the required size, two turns of a one-half inch (1.27 cm) diameter wire rope shall be sufficient. [§1918.52(d)(1)]
(2) If the heel block is not so rigged as to prevent its falling when not under strain, it shall be secured to prevent alternate raising and dropping of the block. This requirement shall not apply when the heel block is at least 10 feet (3.05 m) above the deck when at its lowest point. [§1918.52(d)(2)]
(e) Coaming rollers. Portable coaming rollers shall be secured by wire preventers in addition to the regular coaming clamps. [§1918.52(e)]
(f) Cargo hooks. Cargo hooks shall be as close to the junction of the falls as the assembly permits, but never farther than two feet (.61 m) from it. Exception: This provision shall not apply when the construction of the vessel and the operation in progress are such that fall angles are less than 120 degrees. Overhaul chains shall not be shortened by bolting or knotting. [§1918.52(f)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
§1918.53
Cargo winches
(a) Moving parts of winches and other deck machinery shall be guarded. [§1918.53(a)]
(b) Winches shall not be used if control levers operate with excessive friction or excessive play. [§1918.53(b)]
(c) Double gear winches or other winches equipped with a clutch shall not be used unless a positive means of locking the gear shift is provided. [§1918.53(c)]
(d) There shall be no load other than the fall and cargo hook assembly on the winch when changing gears on a two-gear winch.
[§1918.53(d)]
(e) Any defect or malfunction of winches that could endanger employees shall be reported immediately to the officer in charge of the vessel, and the winch shall not be used until the defect or malfunction is corrected. [§1918.53(e)]
(f) Temporary seats and shelters for winch drivers that create a hazard to the winch operator or other employees shall not be used. [§1918.53(f)]
(g) Except for short handles on wheel type controls, winch drivers shall not be permitted to use winch control extension levers unless they are provided by either the ship or the employer. Such levers shall be of adequate strength and securely fastened with metal connections at the fulcrum and at the permanent control lever. [§1918.53(g)]
(h) Extension control levers that tend to fall due to their own weight shall be counterbalanced. [§1918.53(h)]
(i) Winch brakes shall be monitored during use. If winch brakes are unable to hold the load, the winch shall be removed from service. [§1918.53(i)]
(j) Winches shall not be used when one or more control points, either hoisting or lowering, are not operating properly. Only authorized personnel shall adjust control systems. [§1918.53(j)]
(k) When winches are left unattended, control levers shall be placed in the neutral position and the power shall be shut off or control levers shall be locked at the winch or the operating controls. [§1918.53(k)]
§1918.54 Rigging gear
(a) Guy and preventer placement. Each guy or preventer shall be placed to prevent it from making contact with any other guy, preventer, or stay. [§1918.54(a)]
(b) Guys. When alternate positions for securing guys are provided, the guys shall be so placed as to produce a minimum stress and not permit the boom to jackknife. [§1918.54(b)]
(c) Boom placement. The head of the midship boom shall be spotted no farther outboard of the coaming than is necessary for control of the load. [§1918.54(c)]
(d) Preventers. [§1918.54(d)]
(1) Preventers shall be properly secured to suitable fittings other than those to which the guys are secured, and shall be as nearly parallel to the guys as the fittings will permit. [§1918.54(d)(1)]
(2) Unless the cleat is also a chock and the hauling part is led through the chock opening, the leads of preventers to cleats shall be such that the direction of the line pull of the preventer is as parallel as possible to the plane of the surface on which the cleat is mounted. [§1918.54(d)(2)]
(3) Guys and associated preventers shall be adjusted to share the load as equally as possible where cargo operations are being conducted by burtoning. Exception: Where guys are designed and intended for trimming purposes only, and the preventer is intended to do the function of the guy, the guy may be left slack. [§1918.54(d)(3)]
(e) Cargo falls. Cargo falls under load shall not be permitted to chafe on any standing or other running rigging. Exception: Rigging shall not be construed to mean hatch coamings or other similar structural parts of the vessel. [§1918.54(e)]
(f) Bull wire. [§1918.54(f)]
(1) Where a bull wire is taken to a winch head for lowering or topping a boom, the bull wire shall be secured to the winch head by shackle or other equally strong method. Securing by fiber rope fastening does not meet this requirement. [§1918.54(f)(1)]
(2) When, in lowering or topping a boom, it is not possible to secure the bull wire to the winch head, or when the topping lift itself is taken to the winch head, at least five turns of wire shall be used. [§1918.54(f)(2)]
(g) Trimming and deckloads. When deck loads extend above the rail and there is less than 12 inches (30.48 cm) horizontal clearance between the edge of the deck load and the inside of the bulwark or rail, a pendant or other alternate device shall be provided to allow trimming of the gear and to prevent employees from going over the side. [§1918.54(g)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
§1918.55
Cranes (See also §1918.11)
The following requirements shall apply to the use of cranes forming part of a vessel's permanent equipment.
(a) Defects. Cranes with a visible or known defect that affects safe operation shall not be used. Defects shall be reported immediately to the officer in charge of the vessel. [§1918.55(a)]
(b) Operator's station. [§1918.55(b)]
(1) Cranes with missing, broken, cracked, scratched, or dirty glass (or equivalent) that impairs operator visibility shall not be used. [§1918.55(b)(1)]
(2) Clothing, tools and equipment shall be stored so as not to interfere with access, operation or the operator's view. [§1918.55(b)(2)]
(c) Cargo operations. [§1918.55(c)]
(1) Accessible areas within the swing radius of the body of a revolving crane or within the travel of a shipboard gantry crane shall be physically guarded or other equally effective means shall be taken during operations to prevent an employee from being caught between the body of the crane and any fixed structure, or between parts of the crane. Verbal warnings to employees to avoid the dangerous area do not meet this requirement. [§1918.55(c)(1)]
(2) Limit switch bypass systems shall be secured during all cargo operations. Such bypass systems shall not be used except in an emergency or during non-cargo handling operations such as stowing cranes or derricks or performing repairs. Any time a bypass system is used, it shall be done only under the direction of an officer of the vessel. [§1918.55(c)(2)]
(3) Under all operating conditions, at least three full turns of rope shall remain on ungrooved drums, and two full turns on grooved drums. [§1918.55(c)(3)]
(4) Crane brakes shall be monitored during use. If crane brakes are unable to hold the load, the crane shall not be used. [§1918.55(c)(4)]
(5) Cranes shall not be used if control levers operate with excessive friction or excessive play. [§1918.55(c)(5)]
(6) When cranes are equipped with power down capability, there shall be no free fall of the gear when a load is attached. [§1918.55(c)(6)]
(7) When two or more cranes hoist a load in unison, a designated person shall direct the operation and instruct personnel in positioning, rigging of the gear and movements to be made. [§1918.55(c)(7)]
(d)Unattended cranes. When cranes are left unattended between work periods, §1918.66(b) (4)(i) through (v) shall apply. [§1918.55(d)]
Subpart G – Cargo Handling Gear and Equipment Other Than Ship's Gear
§1918.61
General (See also appendix IV of this part)
(a) Employer provided gear inspection. All gear and equipment provided by the employer shall be inspected by the employer or designated person before each use and, when appropriate, at intervals during its use, to ensure that it is safe. Any gear that is found upon such inspection to be unsafe shall not be used until it is made safe. [§1918.61(a)]
(b) Safe working load. [§1918.61(b)]
(1) The safe working load of gear as specified in §§1918.61 through 1918.66 shall not be exceeded. [§1918.61(b)(1)]
(2) All cargo handling gear provided by the employer with a safe working load greater than five short tons (10,000 lbs. or 4.54 metric tons) shall have its safe working load plainly marked on it. [§1918.61(b)(2)]
(c) Gear weight markings. The weight shall be plainly marked on any article of stevedoring gear hoisted by ship's gear and weighing more than 2,000 lbs. (.91 metric tons). [§1918.61(c)]
(d) Certification. The employer shall not use any material handling device listed in paragraphs (f) and (g) of this section until the device has been certificated, as evidenced by current and valid documents attesting to compliance with the requirements of paragraph (e) of this section. [§1918.61(d)]
(e) Certification procedures. Each certification required by this section shall be performed in accordance with part 1919 of this chapter, by a person then currently accredited by OSHA as provided in that part. [§1918.61(e)]
(f) Special gear. [§1918.61(f)]
(1) Special stevedoring gear provided by the employer, the strength of which depends upon components other than commonly used stock items such as shackles, ropes, or chains, and that has a Safe Working Load (SWL) greater than five short tons (10,000 lbs or 4.54 metric tons) shall be inspected and tested as a unit before initial use (see Table A in paragraph (f)(2) of this section). In addition, any special stevedoring gear that suffers damage necessitating structural repair shall be inspected and retested after repair and before being returned to service. [§1918.61(f)(1)]
(2) Special stevedoring gear provided by the employer that has a SWL of five short tons (10,000 lbs. or 4.54 metric tons) or less shall be inspected and tested as a unit before initial use according to paragraphs (d) and (e) of this section or by a designated person (see Table A in this paragraph (f)(2)). [§1918.61(f)(2)]
(g) Every spreader that is not a part of ship's gear and is used for handling intermodal containers shall be inspected and tested before initial use to a proof load equal to 25 percent greater than its rated capacity. In addition, any spreader that suffers damage necessitating structural repair shall be inspected and retested after repair and before being returned to service. [§1918.61(g)]
(h) All cargo handling gear covered by this section with a SWL greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be proof load tested according to Table A in paragraph (f) or paragraph (g), as applicable, of this section every four years and in accordance with paragraphs (d) and (e) of this section or by a designated person. [§1918.61(h)]
(i) Certificates and inspection and test records attesting to the tests required by this section shall be available for inspection. [§1918.61(i)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000] §1918.62
Miscellaneous auxiliary gear
(a) Routine inspection. [§1918.62(a)]
(1) At the completion of each use, loose gear such as slings, chains, bridles, blocks and hooks shall be so placed as to
Table A
§1918.62
Part 1918 - Safety and Health Regulations for Longshoring
avoid damage to the gear. Loose gear shall be inspected and any defects corrected before reuse. [§1918.62(a)(1)]
(2) Defective gear, as defined by the manufacturers' specifications (when available), shall not be used. Distorted hooks, shackles or similar gear shall be discarded. [§1918.62(a)(2)]
Note to paragraph (a): When manufacturers' specifications are not available to determine whether gear is defective, the employer shall use the appropriate paragraphs of this section to make these determinations.
(b) Wire rope and wire rope slings. [§1918.62(b)]
(1) The employer shall follow the manufacturers' recommended ratings for wire rope and wire rope slings provided for use aboard ship, and shall have such ratings available for inspection. When the manufacturer is unable to supply such ratings, the employer shall use the tables for wire rope and wire rope slings found in appendix II to this part. A design safety factor of at least five shall be maintained for the common sizes of running wire used as falls in purchases, or in such uses as light load slings. [§1918.62(b)(1)]
(2) Wire rope with a safety factor of less than five may be used only as follows: [§1918.62(b)(2)]
(i) In specialized equipment, such as cranes, designed to be used with lesser wire rope safety factors; [§1918.62(b)(2)(i)]
(ii) According to design factors in standing rigging applications; or [§1918.62(b)(2)(ii)]
(iii) For heavy lifts or other purposes for which a safety factor of five is not feasible and for which the employer can show that equivalent safety is ensured. [§1918.62(b)(2)(iii)]
(3) Wire rope or wire rope slings provided by the employer and having any of the following conditions shall not be used: [§1918.62(b)(3)]
(i) Ten randomly distributed broken wires in one rope lay or three or more broken wires in one strand in one rope lay; [§1918.62(b)(3)(i)]
(ii) Kinking, crushing, bird caging or other damage resulting in distortion of the wire rope structure; [§1918.62(b)(3)(ii)]
(iii) Evidence of heat damage; [§1918.62(b)(3)(iii)]
(iv) Excessive wear or corrosion, deformation or other defect in the wire or attachments, including cracks in attachments; [§1918.62(b)(3)(iv)]
(v) Any indication of strand or wire slippage in end attachments; or [§1918.62(b)(3)(v)]
(vi) More than one broken wire close to a socket or swaged fitting. [§1918.62(b)(3)(vi)]
(4) Protruding ends of strands in splices on slings and bridles shall be covered or blunted. Coverings shall be removable so that splices can be examined. Means used to cover or blunt ends shall not damage the wire. [§1918.62(b)(4)]
(5) Where wire rope clips are used to form eyes, the employer shall follow the manufacturers' recommendations, which shall be available for inspection. If “U” bolt clips are used and the manufacturers' recommendations are not available, table 1 of appendix II to this part shall be used to determine the number and spacing of clips. “U” bolts shall be applied with the “U” section in contact with the dead end of the rope. [§1918.62(b)(5)]
(6) Wire rope shall not be secured by knotting. [§1918.62(b)(6)]
(7) Eyes in wire rope bridles, slings, bull wires, or in single parts used for hoisting shall not be formed by wire rope clips or knots. [§1918.62(b)(7)]
(8) Eye splices in wire ropes shall have at least three tucks with a whole strand of the rope, and two tucks with one-half of the wire cut from each strand. Other forms of splices or connections that the employer demonstrates to be equivalently safe may be used. [§1918.62(b)(8)]
(9) Except for eye splices in the ends of wires and endless rope slings, each wire rope used in hoisting or lowering, or bulling cargo, shall consist of one continuous piece without knot or splice. [§1918.62(b)(9)]
(c) Natural fiber rope. [§1918.62(c)]
(1) The employer shall follow the manufacturers' recommended ratings for natural fiber rope and natural fiber rope slings provided for use aboard ship, and shall have such ratings available for inspection. [§1918.62(c)(1)]
(2) If the manufacturers' recommended ratings and use recommendations are unavailable, the employer shall use table 2 of appendix II to this part to determine safe working loads of natural fiber rope slings comprising part of pre-slung drafts. [§1918.62(c)(2)]
(3) Eye splices shall consist of at least three full tucks. Short splices shall consist of at least six tucks, three on each side of the centerline. [§1918.62(c)(3)]
(d) Synthetic rope. [§1918.62(d)]
(1) The employer shall follow the manufacturers' ratings and use recommendations for the specific synthetic fiber rope and synthetic fiber rope slings provided for use aboard ship, and shall have such ratings available for inspection. [§1918.62(d)(1)]
(2) If the manufacturers' recommended ratings and use recommendations are unavailable, tables 3A and B of appendix II to this part shall be used to determine the safe working load of synthetic fiber rope and of synthetic rope slings that comprise this part of pre-slung drafts. [§1918.62(d)(2)]
(3) (i) Unless otherwise recommended by the manufacturer, when synthetic fiber ropes are substituted for fiber ropes of less than three inches (7.62 cm) in circumference, the substitute shall be of equal size. Where substituted for fiber rope of three inches or more in circumference, the size of the synthetic rope shall be determined from the formula: [§1918.62(d)(3)(i)]
Where
C = the required circumference of the synthetic rope in inches, Cs = the circumference to the nearest one-quarter inch of a synthetic rope having a breaking strength not less than that of the size fiber rope that is required by paragraph (c) of this section and Cm = the circumference of the fiber rope in inches that is required by paragraph (c) of this section.
(ii) In making such substitution, it shall be ascertained that the inherent characteristics of the synthetic fiber are suitable for hoisting. [§1918.62(d)(3)(ii)]
(e) Removal of natural and synthetic rope from service. Natural and synthetic rope having any of the following defects shall be removed from service: [§1918.62(e)]
(1) Abnormal or excessive wear including heat and chemical damage; [§1918.62(e)(1)]
(2) Powdered fiber between strands; [§1918.62(e)(2)]
(3) Sufficient cut or broken fibers to affect the capability of the rope; [§1918.62(e)(3)]
(4) Variations in the size or roundness of strands; [§1918.62(e)(4)]
(5) Discolorations other than stains not associated with rope damage; [§1918.62(e)(5)]
(6) Rotting; or [§1918.62(e)(6)]
(7) Distortion or other damage to attached hardware. [§1918.62(e)(7)]
(f) Thimbles. Properly fitting thimbles shall be used when any rope is secured permanently to a ring, shackle or attachment, where practicable. [§1918.62(f)]
(g) Synthetic web slings. [§1918.62(g)]
(1) Slings and nets or other combinations of more than one piece of synthetic webbing assembled and used as a single unit (synthetic web slings) shall not be used to hoist loads greater than the sling's rated capacity. [§1918.62(g)(1)]
(2) Synthetic web slings shall be removed from service if they exhibit any of the following defects: [§1918.62(g)(2)]
(i) Acid or caustic burns; [§1918.62(g)(2)(i)]
(ii) Melting or charring of any part of the sling surface; [§1918.62(g)(2)(ii)]
(iii) Snags, punctures, tears or cuts; [§1918.62(g)(2)(iii)]
(iv) Broken or worn stitches; [§1918.62(g)(2)(iv)]
(v) Distortion or damage to fittings; or [§1918.62(g)(2)(v)]
(vi) Display of visible warning threads or markers designed to indicate excessive wear or damage. [§1918.62(g)(2)(vi)]
(3) Defective synthetic web slings removed from service shall not be returned to service unless repaired by a sling manufacturer or an entity of similar competence. Each repaired sling shall be proof tested by the repairer to twice the sling's rated capacity before its return to service. The employer shall retain a certificate of the proof test and make it available for inspection. [§1918.62(g)(3)]
(4) Synthetic web slings provided by the employer shall only be used according to the manufacturers' use recommendations, which shall be available. [§1918.62(g)(4)]
(5) Fittings shall have a breaking strength at least equal to that of the sling to which they are attached and shall be free of sharp edges. [§1918.62(g)(5)]
(h) Chains and chain slings used for hoisting. [§1918.62(h)]
(1) The employer shall follow the manufacturers' recommended ratings for safe working loads for the size of wrought iron and alloy steel chains and chain slings and shall have such ratings available for inspection. When the manufacturer does not provide such ratings, the employer shall use table 4A of appendix II to this part to determine safe working loads for alloy steel chains and chain slings only. [§1918.62(h)(1)]
(2) Proof coil steel chain, also known as common or hardware chain, and other chain not recommended by the manufacturer for slinging or hoisting shall not be used for slinging or hoisting. [§1918.62(h)(2)]
(3) (i) Sling chains, including end fastenings, shall be inspected for visible defects before each day's use and as often as necessary during use to ensure integrity of the sling. [§1918.62(h)(3)(i)]
(ii) Thorough inspections of chains in use shall be made quarterly to detect wear, defective welds, deformation or increase in length or stretch. The month of inspection shall be shown on each chain by color of paint on a link or by other equally effective means. [§1918.62(h)(3)(ii)]
(iii) Chains shall be removed from service when maximum allowable wear, as indicated in table 4B of appendix II to this part, is reached at any point of a link. [§1918.62(h)(3)(iii)]
(iv) Chain slings shall be removed from service when stretch has increased the length of a measured section by more than 5 percent; when a link is bent, twisted or otherwise damaged; or when a link has a raised scarf or defective weld. [§1918.62(h)(3)(iv)]
(v) Only designated persons shall inspect chains used for slinging and hoisting. [§1918.62(h)(3)(v)]
(4) Chains shall only be repaired by a designated person. Links or portions of a chain defective under any of the criteria of paragraph (h)(3)(iv) of this section shall be replaced with properly dimensioned links or connections of material similar to that of the original chain. Before repaired chains are returned to service, they shall be tested to the proof test load recommended by the manufacturer for the original chain. Tests shall be done by the manufacturer or shall be certified by an agency accredited for the purpose under part 1919 of this chapter. Test certificates shall be available for inspection. [§1918.62(h)(4)]
(5) (i) Wrought iron chains in constant use shall be annealed or normalized at intervals not exceeding six months. Heat treatment certificates shall be available for inspection. Alloy chains shall not be annealed. [§1918.62(h)(5)(i)]
(ii) Any part of a lifting appliance or item of loose gear installed after January 21, 1998 shall not be manufactured of wrought iron. [§1918.62(h)(5)(ii)]
(6) Kinked or knotted chains shall not be used for lifting. Chains shall not be shortened by bolting, wiring or knotting. Makeshift links or fasteners such as wire, bolts or rods shall not be used. [§1918.62(h)(6)]
(7) Hooks, rings, links and attachments affixed to sling chains shall have rated capacities at least equal to those of the chains to which they are attached. [§1918.62(h)(7)]
(8) Chain slings shall bear identification of size, grade and rated capacity. [§1918.62(h)(8)]
(i) Shackles. [§1918.62(i)]
(1) If the manufacturers' recommended safe working loads for shackles are available, they shall not be exceeded. If the manufacturers' recommendations are not available, table 5 of appendix II to this part shall apply. [§1918.62(i)(1)]
(2) Screw pin shackles provided by the employer and used aloft, except in cargo hook assemblies, shall have their pins positively secured. [§1918.62(i)(2)]
(j) Hooks other than hand hooks. [§1918.62(j)]
(1) The manufacturer's recommended safe working loads for hooks shall not be exceeded. Hooks other than hand hooks shall be tested before initial use in accordance with the provisions of §1919.31 (a), (c), and (d) of this chapter. Exception: Manufacturers' test certificates indicating performance to the criteria in §1919.31 (a), (c) and (d) of this chapter shall be acceptable. [§1918.62(j)(1)]
(2) Bent or sprung hooks shall be discarded. [§1918.62(j)(2)]
(3) Teeth of case hooks shall be maintained in safe condition. [§1918.62(j)(3)]
(4) Jaws of patent clamp-type plate hooks shall be maintained in condition to grip plates securely. [§1918.62(j)(4)]
(5) Loads shall be applied to the throat of the hook only. [§1918.62(j)(5)]
(k) Pallets. [§1918.62(k)]
(1) Pallets shall be made and maintained to support and carry loads being handled safely. Fastenings of reusable pallets used for hoisting shall be bolts and nuts, drive screws (helically threaded nails), annular threaded nails or fastenings of equivalent holding strength. [§1918.62(k)(1)]
(2) Reusable wing or lip-type pallets shall be hoisted by bar bridles or other suitable gear and shall have an overhanging wing or lip of at least three inches (7.6 cm). They shall not be hoisted by wire slings alone. [§1918.62(k)(2)]
(3) Loaded pallets that do not meet the requirements of this paragraph shall be hoisted only after being placed on pallets meeting such requirements, or shall be handled by other means providing equivalent safety. [§1918.62(k)(3)]
(4) Bridles for handling flush end or box-type pallets shall be designed to prevent disengagement from the pallet under load.
[§1918.62(k)(4)]
(5) Pallets shall be stacked or placed to prevent falling, collapsing or otherwise causing a hazard under standard operating conditions. [§1918.62(k)(5)]
(6) Disposable pallets intended only for one use shall not be reused for hoisting. [§1918.62(k)(6)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
§1918.63
Chutes, gravity conveyors and rollers
(a) Chutes shall be of adequate length and strength to support the conditions of use, and shall be free of splinters and sharp edges.
[§1918.63(a)]
(b) When necessary for the safety of employees, chutes shall be equipped with sideboards to afford protection from falling objects.
[§1918.63(b)]
(c) When necessary for the safety of employees, provisions shall be made for stopping objects other than bulk commodities at the delivery end of the chute. [§1918.63(c)]
(d) Chutes and gravity conveyor roller sections shall be firmly placed and secured to prevent displacement, shifting, or falling. [§1918.63(d)]
(e) Gravity conveyors shall be of sufficient strength to support the weight of materials placed upon them safely. Conveyor rollers shall be installed in a way that prevents them from falling or jumping out of the frame. [§1918.63(e)]
(f) Frames shall be kept free of burrs and sharp edges. [§1918.63(f)]
§1918.64
Powered conveyors
(a) Emergency stop. Readily accessible stop controls shall be provided for use in an emergency. Whenever the operation of any power conveyor requires personnel to work close to the conveyor, the conveyor controls shall not be left unattended while the conveyor is in operation. [§1918.64(a)]
(b) Guarding. All conveyor and trimmer drives that create a hazard shall be adequately guarded. [§1918.64(b)]
(c) Approved for location. Electric motors and controls on conveyors and trimmers used to handle grain and exposed to grain dust shall be of a type approved by a nationally recognized testing laboratory for use in Class II, Division I locations. (See §1910.7 of this chapter.) [§1918.64(c)]
(d) Grain trimmer control box. Each grain trimmer shall have a control box on the weather deck close to the spout feeding the trimmer. [§1918.64(d)]
(e) Grain trimmer power cable. Power cables between the deck control box and the grain trimmer shall be used only in continuous lengths without splice or tap between connections. [§1918.64(e)]
(f) Portable conveyors. Portable conveyors shall be stable within their operating ranges. When used at variable fixed levels, the unit shall be secured at the operating level. [§1918.64(f)]
(g) Delivery and braking. When necessary for the safety of employees, provisions shall be made for braking objects at the delivery end of the conveyor. [§1918.64(g)]
(h) Electric brakes. Conveyors using electrically released brakes shall be constructed so that the brakes cannot be released until power is applied and the brakes are automatically engaged if the power fails or the operating control is returned to the “stop” position. [§1918.64(h)]
(i) Starting powered conveyors. Powered conveyors shall not be started until all employees are clear of the conveyor or have been warned that the conveyor is about to start up. [§1918.64(i)]
(j) Loading and unloading. The area around conveyor loading and unloading points shall be kept clear of obstructions during conveyor operations. [§1918.64(j)]
(k) Lockout/tagout. [§1918.64(k)]
(1) Conveyors shall be stopped and their power sources locked out and tagged out during maintenance, repair, and servicing. If power is necessary for testing or for making minor adjustments, power shall only be supplied to the servicing operation. [§1918.64(k)(1)]
(2) The starting device shall be locked out and tagged out in the stop position before an attempt is made to remove the cause of a jam or overload of the conveying medium. [§1918.64(k)(2)]
(l) Safe practices. [§1918.64(l)]
(1) Only designated persons shall operate, repair or service powered conveyors. [§1918.64(l)(1)]
(2) The employer shall ensure that each employee stays off operating conveyors. [§1918.64(l)(2)]
(3) Conveyors shall be operated only with all overload devices, guards and safety devices in place and operable. [§1918.64(l)(3)]
§1918.65
Part 1918 - Safety and Health Regulations for Longshoring
§1918.65
Mechanically powered vehicles used aboard vessels
(a) Applicability. This section applies to every type of mechanically powered vehicle used for material or equipment handling aboard a vessel. [§1918.65(a)]
(b) General. [§1918.65(b)]
(1) Modifications, such as adding counterweights that might affect the vehicle's capacity or safety, shall not be done without either the manufacturers' prior written approval or the written approval of a registered professional engineer experienced with the equipment, who has consulted with the manufacturer, if available. Capacity, operation and maintenance instruction plates, tags or decals shall be changed to conform to the equipment as modified. [§1918.65(b)(1)]
(2) Rated capacities, with and without removable counterweights, shall not be exceeded. Rated capacities shall be marked on the vehicle and shall be visible to the operator. The vehicle weight, with and without a counterweight, shall be similarly marked. [§1918.65(b)(2)]
(3) If loads are lifted by two or more trucks working in unison, the total weight shall not exceed the combined safe lifting capacity of all trucks. [§1918.65(b)(3)]
(c) Guards for fork lift trucks. [§1918.65(c)]
(1) Except as noted in paragraph (c)(5) of this section, fork lift trucks shall be equipped with overhead guards securely attached to the machines. The guard shall be of such design and construction as to protect the operator from boxes, cartons, packages, bagged material, and other similar items of cargo that might fall from the load being handled or from stowage. [§1918.65(c)(1)]
(2) Overhead guards shall not obstruct the operator's view, and openings in the top of the guard shall not exceed six inches (15.24 cm) in one of the two directions, width or length. Larger openings are permitted if no opening allows the smallest unit of cargo being handled through the guard. [§1918.65(c)(2)]
(3) Overhead guards shall be built so that failure of the vehicle's mast tilting mechanism will not displace the guard. [§1918.65(c)(3)]
(4) Overhead guards shall be large enough to extend over the operator during all truck operations, including forward tilt. [§1918.65(c)(4)]
(5) An overhead guard may be removed only when it would prevent a truck from entering a work space and only if the operator is not exposed to low overhead obstructions in the work space. [§1918.65(c)(5)]
(6) Where necessary to protect the operator, fork lift trucks shall be fitted with a vertical load backrest extension to prevent the load from hitting the mast when the mast is positioned at maximum backward tilt. For this purpose, a “load backrest extension” means a device extending vertically from the fork carriage frame to prevent raised loads from falling backward. [§1918.65(c)(6)]
(d) Guards for bulk cargo-moving vehicles. [§1918.65(d)]
(1) Every crawler type, rider operated, bulk cargo-moving vehicle shall be equipped with an operator's guard of such design and construction as to protect the operator, when seated, against injury from contact with a projecting overhead hazard. [§1918.65(d)(1)]
(2) Overhead guards and their attachment points shall be so designed as to be able to withstand, without excessive deflection, a load applied horizontally at the operator's shoulder level equal to the drawbar pull of the machine. [§1918.65(d)(2)]
(3) Overhead guards are not required when the vehicle is used in situations in which the seated operator cannot contact projecting overhead hazards. [§1918.65(d)(3)]
(4) After July 26, 1999, bulk cargo-moving vehicles shall be equipped with rollover protection of such design and construction as to prevent the possibility of the operator being crushed because of a rollover or upset. [§1918.65(d)(4)]
(e) Approved trucks. [§1918.65(e)]
(1) “Approved power-operated industrial truck” means one listed as approved for the intended use or location by a nationally recognized testing laboratory (see §1910.7 of this chapter). [§1918.65(e)(1)]
(2) Approved power-operated industrial trucks shall bear a label or other identification indicating testing laboratory approval. [§1918.65(e)(2)]
(3) When the atmosphere in an area is hazardous (see §1918.2 and §1918.93), only approved power-operated industrial trucks shall be used. [§1918.65(e)(3)]
(f) Maintenance. [§1918.65(f)]
(1) Mechanically powered vehicles shall be maintained in safe working order. Safety devices shall not be removed or made inoperative except where permitted in this section. Vehicles with a fuel system leak or any other safety defect shall not be operated. [§1918.65(f)(1)]
(2) Braking systems or other mechanisms used for braking shall be operable and in safe condition. [§1918.65(f)(2)]
(3) Replacement parts whose function might affect operational safety shall be equivalent in strength and performance capability to the original parts that they replace. [§1918.65(f)(3)]
(4) Repairs to the fuel and ignition systems of mechanically powered vehicles that involve fire hazards shall be conducted only in locations designated as safe for such repairs. [§1918.65(f)(4)]
(5) Batteries on all mechanically powered vehicles shall be disconnected during repairs to the primary electrical system except when power is necessary for testing and repair. On vehicles equipped with systems capable of storing residual energy, that energy shall be safely discharged before work on the primary electrical system begins. [§1918.65(f)(5)]
(6) Only designated persons shall do maintenance and repair. [§1918.65(f)(6)]
(g) Parking brakes. All mechanically powered vehicles purchased after January 21, 1998, shall be equipped with parking brakes. [§1918.65(g)]
(h) Operation. [§1918.65(h)]
(1) Only stable and safely arranged loads within the rated capacity of the mechanically powered vehicle shall be handled. [§1918.65(h)(1)]
(2) The employer shall require drivers to ascend and descend grades slowly. [§1918.65(h)(2)]
(3) If the load obstructs the forward view, the employer shall require drivers to travel with the load trailing. [§1918.65(h)(3)]
(4) Steering knobs shall not be used unless the vehicle is equipped with power steering. [§1918.65(h)(4)]
(5) When mechanically powered vehicles use cargo lifting devices that have a means of engagement hidden from the operator, a means shall be provided to enable the operator to determine that the cargo has been engaged. [§1918.65(h)(5)]
(6) No load on a mechanically powered vehicle shall be suspended or swung over any employee. [§1918.65(h)(6)]
(7) When mechanically powered vehicles are used, provisions shall be made to ensure that the working surface can support the vehicle and load, and that hatch covers, truck plates, or other temporary surfaces cannot be dislodged by movement of the vehicle. [§1918.65(h)(7)]
(8) When mechanically powered vehicles are left unattended, load-engaging means shall be fully lowered, controls neutralized, brakes set and power shut off. Wheels shall be blocked or curbed if the vehicle is on an incline. [§1918.65(h)(8)]
(9) When lift trucks or other mechanically powered vehicles are being operated on open deck-type barges, the edges of the barges shall be guarded by railings, sideboards, timbers, or other means sufficient to prevent vehicles from rolling overboard. When such vehicles are operated on covered lighters where door openings other than those being used are left open, means shall be provided to prevent vehicles from rolling overboard through such openings. [§1918.65(h)(9)]
(10) Unauthorized personnel shall not ride on mechanically powered vehicles. A safe place to ride shall be provided when riding is authorized. [§1918.65(h)(10)]
(11) An employee may be elevated by fork lift trucks only when a platform is secured to the lifting carriage or forks. The platform shall meet the following requirements: [§1918.65(h)(11)]
(i) The platform shall have a railing complying with §1917.112(c) of this chapter. [§1918.65(h)(11)(i)]
(ii) The platform shall have toeboards complying with §1917.112(d) of this chapter, if tools or other objects could fall on employees below. [§1918.65(h)(11)(ii)]
(iii) When the truck has controls elevated with the lifting carriage, means shall be provided for employees on the platform to shut off power to the vehicle. [§1918.65(h)(11)(iii)]
(iv) Employees on the platform shall be protected from exposure to moving truck parts. [§1918.65(h)(11)(iv)]
(v) The platform floor shall be skid resistant. [§1918.65(h)(11)(v)]
(vi) An employee shall be at the truck's controls whenever employees are elevated. [§1918.65(h)(11)(vi)]
(vii) While an employee is elevated, the truck may be moved only to make minor adjustments in placement. [§1918.65(h)(11)(vii)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
§1918.66
Cranes and derricks other than vessel's gear
Cranes and derricks other than vessel's gear
(a) General. The following requirements shall apply to the use of cranes and derricks brought aboard vessels for conducting longshoring operations. They shall not apply to cranes and derricks forming part of a vessel's permanent equipment. [§1918.66(a)]
(1) Certification. Cranes and derricks shall be certificated in accordance with part 1919 of this chapter. [§1918.66(a)(1)]
(2) Posted weight. The crane weight shall be posted on all cranes hoisted aboard vessels for temporary use. [§1918.66(a)(2)]
(3) Rating chart. All cranes and derricks having ratings that vary with boom length, radius (outreach) or other variables shall have a
Cranes and derricks other than vessel's gear
durable rating chart visible to the operator, covering the complete range of the manufacturers' (or design) capacity ratings. The rating chart shall include all operating radii (outreach) for all permissible boom lengths and jib lengths, as applicable, with and without outriggers, and alternate ratings for optional equipment affecting such ratings. Precautions or warnings specified by the owner or manufacturer shall be included along with the chart. [§1918.66(a)(3)]
(4) Rated loads. The manufacturers' (or design) rated loads for the conditions of use shall not be exceeded. [§1918.66(a)(4)]
(5) Change of rated loads. Designated working loads shall not be increased beyond the manufacturers' ratings or original design limitations unless such increase receives the manufacturers' approval. When the manufacturers' services are not available or where the equipment is of foreign manufacture, engineering design analysis shall be done or approved by a person accredited for certificating the equipment under part 1919 of this chapter. Engineering design analysis shall be done by a registered professional engineer competent in the field of cranes and derricks. Any structural changes required by the change in rating shall be carried out. [§1918.66(a)(5)]
(6) Radius indicator. When the rated load varies with the boom radius, the crane or derrick shall be fitted with a boom angle or radius indicator visible to the operator. [§1918.66(a)(6)]
(7) Operator's station. The cab, controls and mechanism of the equipment shall be so arranged that the operator has a clear view of the load or signalman, when one is used. Cab glass, when used, shall be safety plate glass or equivalent. Cranes with missing, broken, cracked, scratched, or dirty glass (or equivalent), that impairs operator vision shall not be used. Clothing, tools, and equipment shall be stored so as not to interfere with access, operation, and the operator's view. [§1918.66(a)(7)]
(8) Counterweights or ballast. Cranes shall be operated only with the specified type and amount of ballast or counterweights. Ballast or counterweights shall be located and secured only as provided in the manufacturers' or design specifications, which shall be available for inspection. [§1918.66(a)(8)]
(9) Outriggers. Outriggers shall be used according to the manufacturers' specifications or design data, which shall be available for inspection. Floats, when used, shall be securely attached to the outriggers. Wood blocks or other support shall be of sufficient size to support the outrigger, free of defects that may affect safety, and of sufficient width and length to prevent the crane from shifting or toppling under load. [§1918.66(a)(9)]
(10) Exhaust gases. Engine exhaust gases shall be discharged away from crane operating personnel. [§1918.66(a)(10)]
(11) Electrical/Guarding. Electrical equipment shall be so placed or enclosed that live parts will not be exposed to accidental contact. Designated persons may work on energized equipment only if necessary during inspection, maintenance, or repair; otherwise the equipment shall be stopped and its power source locked out and tagged out. [§1918.66(a)(11)]
(12) Fire extinguisher. [§1918.66(a)(12)]
(i) At least one portable approved or listed fire extinguisher of at least a 5-B:C rating or equivalent shall be accessible in the cab of the crane or derrick. [§1918.66(a)(12)(i)]
(ii) No portable fire extinguisher using carbon tetrachloride or chlorobromomethane extinguishing agents shall be used. [§1918.66(a)(12)(ii)]
(13) Rope on drums. At least three full turns of rope shall remain on ungrooved drums, and two turns on grooved drums, under all operating conditions. Wire rope shall be secured to drums by clamps, U-bolts, shackles or equivalent means. Fiber rope fastenings are prohibited. [§1918.66(a)(13)]
(14) Brakes. [§1918.66(a)(14)]
(i) Each independent hoisting unit of a crane shall be equipped with at least one holding brake, applied directly to the motor shaft or gear train. [§1918.66(a)(14)(i)]
(ii) Each independent hoisting unit of a crane shall, in addition to the holding brake, be equipped with a controlled braking means to control lowering speeds. [§1918.66(a)(14)(ii)]
(iii) Holding brakes for hoist units shall have not less than the following percentage of the rated load hoisting torque at the point where the brake is applied: [§1918.66(a)(14)(iii)]
[A] 125 percent when used with an other than mechanically controlled braking means; [§1918.66(a)(14)(iii)[A]]
[B] 100 percent when used with a mechanically controlled braking means; or [§1918.66(a)(14)(iii)[B]]
[C] 100 percent when two holding brakes are provided. [§1918.66(a)(14)(iii)[C]]
(iv) All power control braking means shall be capable of maintaining safe lowering speeds of rated loads. [§1918.66(a)(14)(iv)]
§1918.66(c)
(15) Operating controls. Crane and derrick operating controls shall be clearly marked, or a chart showing their function shall be posted at the operator's position. [§1918.66(a)(15)]
(16) Booms. Cranes with elevatable booms and without operable automatic limiting devices shall be provided with boom stops if boom elevation can exceed maximum design angles from the horizontal. [§1918.66(a)(16)]
(17) Foot pedals. Foot pedals shall have a non-skid surface.
[§1918.66(a)(17)]
(18) Access. Ladders, stairways, stanchions, grab irons, foot steps or equivalent means shall be provided as necessary to ensure safe access to footwalks, cab platforms, the cab and any portion of the superstructure that employees must reach. [§1918.66(a)(18)]
(b) Operations [§1918.66(b)]
(1) Use of cranes together. When two or more cranes hoist a load in unison, a designated person shall direct the operation and instruct personnel in positioning, rigging of the load and movements to be made. [§1918.66(b)(1)]
(2) Guarding of swing radius. Accessible areas within the swing radius of the body of a revolving crane shall be physically guarded during operations to prevent an employee from being caught between the body of the crane and any fixed structure or between parts of the crane. [§1918.66(b)(2)]
(3) Prohibited usage. [§1918.66(b)(3)]
(i) Equipment shall not be used in a way that exerts side loading stresses upon the crane or derrick boom. [§1918.66(b)(3)(i)]
(ii) No crane or derrick having a visible or known defect that may affect safe operation shall be used. [§1918.66(b)(3)(ii)]
(4) Unattended cranes. The following steps shall be taken before leaving a crane unattended between work periods: [§1918.66(b)(4)]
(i) Suspended loads, such as those hoisted by lifting magnets or clamshell buckets, shall be landed unless the storage position or maximum hoisting of the suspended device will provide equivalent safety; [§1918.66(b)(4)(i)]
(ii) Clutches shall be disengaged; [§1918.66(b)(4)(ii)]
(iii) The power supply shall be shut off; [§1918.66(b)(4)(iii)]
(iv) The crane shall be secured against accidental travel; and [§1918.66(b)(4)(iv)]
(v) The boom shall be lowered or secured against movement. [§1918.66(b)(4)(v)]
(c) Protection for employees being hoisted. [§1918.66(c)]
(1) No employee shall be hoisted by the load hoisting apparatus of a crane or derrick except on a platform meeting the following requirements: [§1918.66(c)(1)]
(i) Enclosed by a railing or other means providing protection equivalent to that described in §1917.112(c) of this chapter; [§1918.66(c)(1)(i)]
(ii) Fitted with toe boards if the platform has open railings; [§1918.66(c)(1)(ii)]
(iii) A safety factor of four based on ultimate strength; [§1918.66(c)(1)(iii)]
(iv) Bearing a plate or permanent marking indicating maximum load rating, which shall not be exceeded, and the weight of the platform itself; [§1918.66(c)(1)(iv)]
(v) Equipped with a device to prevent access doors, when used, from opening accidentally; [§1918.66(c)(1)(v)]
(vi) Equipped with overhead protection for employees on the platform if they are exposed to falling objects or overhead hazards; and [§1918.66(c)(1)(vi)]
(vii) Secured to the load line by means other than wedge and socket attachments, unless the free (bitter) end of the line is secured back to itself by a clamp placed as close above the wedge as possible. [§1918.66(c)(1)(vii)]
(2) Except in an emergency, the hoisting mechanism of all cranes or derricks used to hoist personnel shall operate only in power up and power down, with automatic brake application when not hoisting or lowering. [§1918.66(c)(2)]
(3) All cranes and derricks used to hoist personnel shall be equipped with an anti-two-blocking device. [§1918.66(c)(3)]
(4) Variable radius booms of a crane or derrick used to hoist personnel shall be so constructed or secured as to prevent accidental boom movement. [§1918.66(c)(4)]
(5) Platforms or devices used to hoist employees shall be inspected for defects before each day's use and shall be removed from service if defective. [§1918.66(c)(5)]
(6) Employees being hoisted shall remain in continuous sight of and communication with the operator or signalman. [§1918.66(c)(6)]
(7) Operators shall remain at the controls when employees are hoisted. [§1918.66(c)(7)]
(8) Cranes shall not travel while employees are hoisted, except in emergencies or in normal tier-to-tier transfer of employees during container operations. [§1918.66(c)(8)]
§1918.67 Part 1918 - Safety and Health Regulations for Longshoring
(d) Routine inspection. [§1918.66(d)]
(1) Designated persons shall visually inspect each crane and derrick on each day of use for defects in functional operating components and shall report any defect found to the employer. The employer shall inform the operator of the result of the inspection. [§1918.66(d)(1)]
(2) A designated person shall thoroughly inspect all functional components and accessible structural features of each crane or device at monthly intervals. [§1918.66(d)(2)]
(3) Any defects found during such inspections that may create a safety hazard shall be corrected before further equipment use. Repairs shall be done only by designated persons. [§1918.66(d)(3)]
(4) A record of each monthly inspection shall be maintained for six months in or on the crane or derrick or at the terminal. [§1918.66(d)(4)]
(e) Protective devices. [§1918.66(e)]
(1) When exposed moving parts such as gears, chains and chain sprockets present a hazard to employees during crane and derrick operations, those parts shall be securely guarded. [§1918.66(e)(1)]
(2) Crane hooks shall be latched or otherwise secured to prevent accidental load disengagement. [§1918.66(e)(2)]
(f) Load-indicating devices. [§1918.66(f)]
(1) Unless exempted by the provisions of paragraph (f)(1)(viii) of this section, every crane used to load or discharge cargo into or out of a vessel shall be fitted with a load-indicating device or alternative device in proper working condition that shall meet the following criteria: [§1918.66(f)(1)]
(i) The type or model of any load-indicating device used shall be such as to provide: [§1918.66(f)(1)(i)]
[A] A direct indication in the cab of actual weight hoisted or a means of determining this by reference to crane ratings posted and visible to the operator, except that the use of a dynamometer or simple scale alone will not meet this requirement; or [§1918.66(f)(1)(i)[A]]
[B] An automatic weight-moment device (e.g., a computer) providing indications in the cab according to the radius and load at the moment; or [§1918.66(f)(1)(i)[B]]
[C] A device that will prevent an overloaded condition. [§1918.66(f)(1)(i)[C]]
(ii) The accuracy of the load-indicating device, weight-moment device, or overload protection device shall be such that any indicated load (or limit), including the sum of actual weight hoisted and additional equipment or “add ons” such as slings, sensors, blocks, etc., is within the range between 95 percent (5 percent underload) and 110 percent (10 percent overload) of the actual true total load. Such accuracy shall be required over the range of daily operating variables reasonably anticipated under the conditions of use. [§1918.66(f)(1)(ii)]
(iii) The device shall enable the operator to decide before making any lift that the load indicating device or alternative device is operative. In the alternative, if the device is not so mounted or attached and does not include such means of checking, it shall be certified by the manufacturer to remain operative for a specific time. The device shall be checked for accuracy, using known values of the load, at the time of every certification survey (see §1918.11) and at such additional times as may be recommended by the manufacturer. [§1918.66(f)(1)(iii)]
(iv) When the load indicating device or alternative device is so arranged in the supporting system (crane structure) that its failure could cause the load to be dropped, its strength shall not be the limiting factor of the supporting system (crane structure). [§1918.66(f)(1)(iv)]
(v) Units of measure in pounds or both pounds and kilograms (or other indicators of measurement, such as colored indicator lights), capacity of the indicating system, accuracy of the indicating system, and operating instructions and precautions shall be conspicuously marked. If the system used provides no readout but automatically ceases crane operation when the rated load limit is reached under any specific condition of use, the marking shall provide the make and model of the device installed, a description of what it does, how it is operated, and any necessary precautions regarding the system. All of these markings shall be readily visible to the operator. [§1918.66(f)(1)(v)]
(vi) All load indicating devices shall operate over the full operating radius. Overall accuracy shall be based on actual applied loads and not on full scale (full capacity) load. [§1918.66(f)(1)(vi)]
Note to paragraph (f)(1)(vi): If the accuracy of the load indicating device is based on full scale loads and the device is arbitrarily set at plus or minus 10 percent, it would accept a reading between 90,000 and 110,000 lbs. at full capacity for a machine with a maximum rating of 100,000 lbs. but would also show a reading of between zero and 20,000 lbs. at that outreach (radius) at which the load would be 10,000 lbs.; this is clearly unacceptable. If, however, the accuracy of the device is based on actual applied loads under the same conditions, the acceptable range would remain the same with the 100,000-lb. load but would show a figure between 9,000 and 11,000 lbs. at the 10,000-lb. load; this is an acceptable reading.
(vii) When a load-indicating device uses the radius as a factor in its use or in its operating indications, the indicated radius
(which may be in feet and/or meters, or degrees of boom angle, depending on the system used) shall be within the range between 97 percent and 110 percent of the actual (true) radius. When radius is presented in degrees, and feet or meters are required for necessary determinations, a conversion chart shall be provided. [§1918.66(f)(1)(vii)]
(viii) The load indicating device requirements of this paragraph do not apply to a crane: [§1918.66(f)(1)(viii)]
[A] Of the trolley equipped bridge type while handling containers known to be and identified as empty, or loaded, and in either case according to the provisions of §1918.85(b) of this part, or while hoisting other lifts by means of a lifting beam supplied by the crane manufacturer for the purpose and in all cases within the crane rating; [§1918.66(f)(1)(viii)[A]]
[B] While handling bulk commodities or cargoes by means of clamshell bucket or magnet; [§1918.66(f)(1)(viii)[B]]
[C] While used to handle or hold hoses in connection with transfer of bulk liquids, or other hose-handled products; or [§1918.66(f)(1)(viii)[C]]
[D] While the crane is used exclusively to handle cargo or equipment whose total actual gross weight is marked on the unit or units hoisted, and the total actual gross weight never exceeds 11,200 lbs., and the load is less than the rated capacity of the crane at the maximum outreach possible at the time. [§1918.66(f)(1)(viii)[D]]
(2) [Reserved] [§1918.66(f)(2)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
§1918.67
Notifying the ship's officers before using certain equipment
(a) The employer shall notify the officer in charge of the vessel before bringing aboard ship internal combustion or electric powered tools, equipment or vehicles. [§1918.67(a)]
(b) The employer shall also notify the officer in charge of the vessel before using the ship's electric power for the operation of any electric tools or equipment. [§1918.67(b)]
§1918.68
Grounding
The frames of portable electrical equipment and tools, other than double insulated tools and battery operated tools, shall be grounded through a separate equipment conductor run with or enclosing the circuit conductors.
§1918.69
Tools
(a) General. Employers shall not issue or permit the use of visibly unsafe tools. [§1918.69(a)]
(b) Portable electric tools. [§1918.69(b)]
(1) Portable hand-held electric tools shall be equipped with switches of a type that must be manually held in a closed position in order to operate the tool. [§1918.69(b)(1)]
(2) All portable, power-driven circular saws shall be equipped with guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to the covering position. [§1918.69(b)(2)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Subpart H – Handling Cargo
§1918.81
Slinging Slinging
(a) Drafts shall be safely slung before being hoisted. Loose dunnage or debris hanging or protruding from loads shall be removed. [§1918.81(a)]
(b) Cargo handling bridles, such as pallet bridles, which are to remain attached to the hoisting gear while hoisting successive drafts, shall be attached by shackles, or other positive means shall be taken to prevent them from being accidentally disengaged from the cargo hook. [§1918.81(b)]
(c) Drafts of lumber, pipe, dunnage and other pieces, the top layer of which is not bound by the sling, shall be slung in a way that prevents sliders. Double slings shall be used on unstrapped dunnage, unless, due to the size of hatch or deep tank openings, using them is impracticable. [§1918.81(c)]
(d) Case hooks shall be used only with cases designed to be hoisted by these hooks. [§1918.81(d)]
(e) Bales of cotton, wool, cork, wood pulp, gunny bags or similar articles shall not be hoisted by straps unless the straps are strong enough to support the weight of the bale. At least two hooks, each in a separate strap, shall be used. [§1918.81(e)]
(f) Unitized loads bound by bands or straps may be hoisted by the banding or strapping only if the banding or strapping is suitable for hoisting and is strong enough to support the weight of the load. [§1918.81(f)]
(g) Additional means to maintain the unitized loads during hoisting shall be employed to ensure safe lifting of such loads having damaged banding or strapping. [§1918.81(g)]
(h) Loads requiring continuous manual guidance during handling shall be guided by guide ropes (tag lines) that are long enough to control the load. [§1918.81(h)]
(i) No draft shall be hoisted unless the winch or crane operator(s) can clearly see the draft itself or see the signals of a signalman who is observing the draft's movement. [§1918.81(i)]
(j) Intermodal containers shall be handled in accordance with §1918.85. [§1918.81(j)]
(k) The employer shall require that employees stay clear of the area beneath overhead drafts or descending lifting gear. [§1918.81(k)]
(l) The employer shall not permit employees to ride the hook or the load, except as provided for in §1918.85(g). [§1918.81(l)]
§1918.82
Building drafts
(a) Drafts shall be built or means shall be taken to prevent cargo from falling from them. [§1918.82(a)]
(b) Buckets and tubs used in handling bulk or frozen cargo shall not be loaded above their rims. [§1918.82(b)]
§1918.83
Stowed cargo; tiering and breaking down
(a) When necessary to protect personnel working in a hold, the employer shall secure or block stowed cargo that is likely to shift or roll. [§1918.83(a)]
(b) In breaking down stowed cargo, precautions shall be taken to prevent remaining cargo from falling. [§1918.83(b)]
(c) Employees trimming bulk cargo shall be checked in and out by the job boss. Before securing any reefer compartment, a check shall be made to ensure that no employee remains inside. Frequent checks shall be made to ensure the safety of any employee working alone in a tank or cargo compartment. [§1918.83(c)]
§1918.84
Bulling cargo
(a) Bulling cargo shall be done with the bull line led directly from the heel block. However, bulling may be done from the head of the boom when the nature of the cargo and the surface over which it is dragged are such that the load cannot be stalled, or when the winch actually does not have sufficient strength, with the purchase used, to overload the boom. [§1918.84(a)]
(b) Snatch blocks shall be used to provide a fair lead for the bull line to avoid unnecessary dragging of the bull line against coamings and obstructions. [§1918.84(b)]
(c) Snatch blocks shall not be used with the point of the hook resting on the flange of a beam, but shall be hung from padeyes, straps, or beam clamps. Snatch blocks or straps shall not be made fast to batten cleats or other insecure fittings. [§1918.84(c)]
(d) Beam frame clamps shall be so secured as to prevent their slipping, falling, or being pulled from their stationary attachment. [§1918.84(d)]
(e) Falls led from cargo booms of vessels shall not be used to move scows, lighters or railcars. [§1918.84(e)]
§1918.85
Containerized cargo operations
Containerized cargo operations
(a) Container markings. Every intermodal container shall be legibly and permanently marked with: [§1918.85(a)]
(1) The weight of the container when empty, in pounds; [§1918.85(a)(1)]
(2) The maximum cargo weight the container is designed to carry, in pounds; and [§1918.85(a)(2)]
(3) The sum of the weight of the container and the maximum cargo weight, in pounds. [§1918.85(a)(3)]
(b) Container weight. No container shall be hoisted by any lifting appliance unless the following conditions have been met: [§1918.85(b)]
(1) The employer shall determine from the carrier whether a container to be hoisted is loaded or empty. Before loading or discharging, empty containers shall be identified in a manner that will inform every supervisor and job boss on the site and in charge of loading or discharging, or every crane or other hoisting equipment operator and signalman, that such container is empty. Methods of identification may include cargo plans, manifests, or markings on the container. [§1918.85(b)(1)]
(2) For a loaded container: [§1918.85(b)(2)]
(i) The actual gross weight shall be plainly marked and visible to the crane or other hoisting equipment operator or signalman, or to every supervisor or job boss on site and in charge of the operation; or [§1918.85(b)(2)(i)]
(ii) The cargo stowage plan or equivalent permanently recorded display serving the same purpose, containing the actual gross weight and the serial number or other positive identification of that specific container, shall be provided to the crane or other hoisting equipment operator and signalman, and to every supervisor and job boss on site and in charge of the operation. [§1918.85(b)(2)(ii)]
(3) Every outbound container received at a marine terminal ready to load aboard a vessel without further consolidation or loading shall be weighed to obtain the actual gross weight, either at the terminal or elsewhere, before being hoisted. [§1918.85(b)(3)]
(4) (i) When container weighing scales are found at a marine terminal, any outbound container with a load consolidated at that terminal shall be weighed to obtain the actual weight before being hoisted. [§1918.85(b)(4)(i)]
(ii) If the terminal has no scales, the actual gross weight may be calculated from the container's contents and the container's empty weight. The weights used in the calculation shall be posted conspicuously on the container, with the name of the person making the calculation, and the date. [§1918.85(b)(4)(ii)]
(5) Open top vehicle-carrying containers, and those built specifically and used solely for the carriage of compressed gases, are excepted from paragraphs (b)(3) and (b)(4) of this section. [§1918.85(b)(5)]
(6) Closed dry van containers carrying vehicles are exempted from paragraph (b)(4) of this section if: [§1918.85(b)(6)]
(i) The container carries only completely assembled vehicles and no other cargo; [§1918.85(b)(6)(i)]
(ii) The container is marked on the outside so that an employee can readily discern that the container is carrying vehicles; and [§1918.85(b)(6)(ii)]
(iii) The vehicles were loaded into the container at the marine terminal. [§1918.85(b)(6)(iii)]
(7) The weight of loaded inbound containers from foreign ports shall be determined by weighing, by the method of calculation described in paragraph (b)(4)(ii) of this section or by shipping documents. [§1918.85(b)(7)]
(8) Any scale used within the United States to weigh containers for the requirements of this section shall meet the accuracy standards of the state or local public authority in which the scale is found. [§1918.85(b)(8)]
(c) Overloaded containers. No container shall be hoisted if its actual gross weight exceeds the weight marked as required in paragraph (a)(3) of this section, or it exceeds the capacity of the lifting appliance.
[§1918.85(c)]
(d) Container inspection. [§1918.85(d)]
(1) Prior to hoisting, each container shall be inspected for any visible defects in structural members and fittings that would make the handling of such container unsafe. [§1918.85(d)(1)]
(2) Any container found to have such a defect shall either be handled by a special means to ensure safe handling or shall be emptied before handling. [§1918.85(d)(2)]
(e) Suspended containers. The employer shall prohibit employees from working beneath a suspended container. [§1918.85(e)]
(f) Lifting fittings. Containers shall be handled using lifting fittings or other arrangements suitable and intended for the purpose as set forth in paragraphs (f)(1) and (f)(2) of this section, unless damage to an intermodal container makes special means of handling necessary. [§1918.85(f)]
(1) Loaded intermodal containers. Loaded intermodal containers of 20 feet (6.1 m) or more shall be hoisted as follows: [§1918.85(f)(1)]
(i) When hoisting containers by the top fittings, the lifting forces shall be applied vertically from at least four such fittings. A less than vertical lift is permitted only under the following conditions: [§1918.85(f)(1)(i)]
[A] The container being lifted is an ISO “closed box container”; [§1918.85(f)(1)(i)[A]]
[B] The condition of the box is sound; [§1918.85(f)(1)(i)[B]]
[C] The speed of hoisting and lowering is moderated when heavily ladened containers5 are encountered; [§1918.85(f)(1)(i)[C]]
[D] The lift angle is at 80 to 90 degrees; [§1918.85(f)(1)(i)[D]]
[E] The distance between the lifting beam and the load is at least 8 feet, 2.4 inches (2.5 m); and [§1918.85(f)(1)(i)[E]]
[F] The length of the spreader beam is at least 16.3 feet (5 m) for a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot container. [§1918.85(f)(1)(i)[F]]
5.A heavily laden container is one that is loaded to within 20 percent of its rated capacity.
(ii) When hoisting containers from bottom fittings, the hoisting connections shall bear on the fittings only, making no other contact with the container. The angles of the four bridle legs shall not be less than 30 degrees to the horizontal for 40-foot (12.19 m) containers; 37 degrees for 30-foot (9.14 m) containers; and 45 degrees for 20-foot (6.1 m) containers. [§1918.85(f)(1)(ii)]
(iii) Lifting containers by fork lift trucks or grappling arms from above or from one side may be done only if the container is designed for this type of handling. [§1918.85(f)(1)(iii)]
(iv) Other means of hoisting may be used only if the containers and hoisting means are designed for such use. [§1918.85(f)(1)(iv)]
(2) Intermodal container spreaders. [§1918.85(f)(2)]
(i) When using intermodal container spreaders that employ lanyards for activation and load disengagement, all possible precautions shall be taken to prevent accidental release of the load. [§1918.85(f)(2)(i)]
(ii) Intermodal container spreaders that utilize automatic twist lock systems shall be designed and used so that a suspended load cannot accidentally be released. [§1918.85(f)(2)(ii)]
(g) Safe container top access. A safe means of access shall be provided for each employee required to work on the top of an intermodal container. Unless ladders are used for access, such means shall comply with the requirements of §1917.45(j) of this chapter. [§1918.85(g)]
(h) Employee hoisting prohibition. Employees shall not be hoisted on intermodal container spreaders while a load is engaged. [§1918.85(h)]
(i) Portable ladder access. When other safer means are available, portable ladders shall not be used in gaining access to container stacks more than two containers high. [§1918.85(i)]
(j) Fall protection [§1918.85(j)]
(1) Containers being handled by container gantry cranes. [§1918.85(j)(1)]
(i) After July 26, 1999, where a container gantry crane is being used to handle containers, the employer shall ensure that no employee is on top of a container. Exception: An employee may be on top of a container only to perform a necessary function that cannot be eliminated by the use of positive container securing devices.6 [§1918.85(j)(1)(i)]
(ii) After July 26, 1999, the employer shall ensure that positive container securing devices, such as semi-automatic twist locks and above deck cell guides, are used wherever container gantry cranes are used to hoist containers. [§1918.85(j)(1)(ii)]
(iii) The employer shall ensure that each employee on top of a container is protected from fall hazards by a fall protection system meeting the requirements of paragraph (k) of this section. [§1918.85(j)(1)(iii)]
(2) Containers being handled by other hoisting devices. Where containers are being handled by hoisting devices other than container gantry cranes, the employer shall ensure that each employee on top of a container is protected by a fall protection system meeting the requirements of paragraph (k) of this section. [§1918.85(j)(2)]
(3) Other exposure to fall hazards. The employer shall ensure that each employee exposed to a fall hazard is protected by a fall protection system meeting the requirements of paragraph (k) of this section. Exception: Where the employer can demonstrate that fall protection for an employee would be infeasible or create a greater hazard due to vessel design, container design, container storage, other cargo stowage, container handling equipment, lifting gear, or port conditions, the employer shall alert the affected employee about the fall hazard and instruct the employee in ways to minimize exposure to that hazard. [§1918.85(j)(3)]
(k) Fall protection systems. When fall protection systems required by paragraph (j) of this section are employed, the following shall apply: [§1918.85(k)]
(1) Each fall protection system component, except anchorages, shall have fall arrest/restraint as its only use. [§1918.85(k)(1)]
(2) Each fall protection system subjected to impact loading shall be immediately withdrawn from service and not be used again until inspected and determined by a designated person to be undamaged and suitable for use. [§1918.85(k)(2)]
(3) Each fall protection system shall be rigged so that a falling employee cannot contact any lower level stowage or vessel structure. [§1918.85(k)(3)]
(4) Each fall protection system adopted for use shall have an energy absorbing mechanism that will produce an arresting force on an employee of not greater than 1800 pounds (8 kN).
[§1918.85(k)(4)]
6.Examples of work that may not be eliminated by positive container securing devices and that may require employees to work on top of containers include, but are not limited to: installing or removing bridge clamps; hooking up or detaching over-height containers; or freeing a jammed semiautomatic twist lock.
(5) Each component of a fall protection system shall be designed and used to prevent accidental disengagement. [§1918.85(k)(5)]
(6) Each fall protection system's fixed anchorages shall be capable of sustaining a force of 5,000 pounds (22.2 kN) or be certified as capable of sustaining at least twice the potential impact load of an employee's fall. Such certification must be made by a qualified person.7 When more than one employee is attached to an anchorage, these limits shall be multiplied by the number of employees attached. [§1918.85(k)(6)]
(7) When “live” (activated) container gantry crane lifting beams or attached devices are used as anchorage points, the following requirements apply: [§1918.85(k)(7)]
(i) The crane shall be placed into a “slow” speed mode; [§1918.85(k)(7)(i)]
(ii) The crane shall be equipped with a remote shut-off switch that can stop trolley, gantry, and hoist functions and that is in the control of the employee(s) attached to the beam; and [§1918.85(k)(7)(ii)]
(iii) A visible or audible indicator shall be present to alert the exposed employee(s) when the remote shut-off is operational.
[§1918.85(k)(7)(iii)]
(8) Fall protection system components, other than the anchorages, shall be certified as a unit of being capable of sustaining at least twice the potential impact load of an employee's fall. Such certification shall be made by a qualified person. [§1918.85(k)(8)]
(9) Each fall protection system shall incorporate the use of a full body harness. [§1918.85(k)(9)]
(10) Each device, such as a safety cage, used to transport an employee(s) by being attached to a container gantry crane spreader, shall have a secondary means to prevent accidental disengagement and the secondary means shall be engaged.
[§1918.85(k)(10)]
(11) Each fall protection system shall be inspected before each day's use by a designated person. Any defective components shall be removed from service. [§1918.85(k)(11)]
(12) Before using any fall protection system, the employee shall be trained in the use and application limits of the equipment, proper hookup, anchoring and tie-off techniques, methods of use, and proper methods of equipment inspection and storage.
[§1918.85(k)(12)]
(13) The employer shall establish and implement a procedure to retrieve personnel safely in case of a fall. [§1918.85(k)(13)]
(l) Working along unguarded edges. The employer shall provide, and ensure that the employee use, fall protection meeting the requirements of paragraph (k) of this section whenever the employee works along an unguarded edge where a fall hazard exists (see §1918.2 ). [§1918.85(l)]
(m) Vertical tandem lifts. Operations involving the lifting of two or more intermodal containers by the top container shall be performed following §1917.71(i) and (k)(1) of this chapter. [§1918.85(m)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000; 73 FR 75290, Dec. 10, 2008]
§1918.86
Roll-on roll-off (Ro-Ro) operations (see also §1918.2, Ro-Ro operations, and §1918.25). 8
Roll-on roll-off (Ro-Ro) operations
(a) Traffic control system. An organized system of vehicular and pedestrian traffic control shall be established and maintained at each entrance/exit ramp and on ramps within the vessel as traffic flow warrants. [§1918.86(a)]
(b) Ramp load limit. Each ramp shall be plainly marked with its load capacity. The marked capacity shall not be exceeded. [§1918.86(b)]
(c) Pedestrian traffic. Bow, stern, and side port ramps also used for pedestrian access shall meet the requirements of §1918.25. Such ramps shall provide a physical separation between pedestrian and vehicular routes. When the design of the ramp prevents physical separation, a positive means shall be established to prevent simultaneous use of the ramp by vehicles and pedestrians. [§1918.86(c)]
(d) Ramp maintenance. Ramps shall be properly maintained and secured. [§1918.86(d)]
(e) Hazardous routes. Before the start of Ro-Ro operations, the employer shall identify any hazardous routes or areas that could be mistaken for normal drive-on/drive-off routes. Such hazardous routes shall be clearly marked and barricaded. [§1918.86(e)]
(f) Air brake connections. Each tractor shall have all air lines connected when pulling trailers equipped with air brakes and shall have the brakes tested before commencing operations. [§1918.86(f)]
(g) Trailer load limits. After July 27, 1998, flat bed and low boy trailers shall be marked with their cargo capacities and shall not be overloaded. [§1918.86(g)]
7.For the purposes of this paragraph, qualified person means one with a recognized degree or professional certificate and extensive knowledge and experience in the subject field who is capable of design, analysis, evaluation and specifications in the subject work, project, or product.
8.[Reserved]
(h) Cargo weights. Cargo to be handled via a Ro-Ro ramp shall be plainly marked with its weight in pounds (kilograms). Alternatively, the cargo stow plan or equivalent record containing the actual gross weight of the load may be used to determine the weight of the cargo. [§1918.86(h)]
(i) Tractors. Tractors used in Ro-Ro operations shall have: [§1918.86(i)]
(1) Sufficient power to ascend ramp inclines safely; and [§1918.86(i)(1)]
(2) Sufficient braking capacity to descend ramp inclines safely. [§1918.86(i)(2)]
(j) Safe speeds. Power driven vehicles used in Ro-Ro operations shall be operated at speeds that are safe for prevailing conditions. [§1918.86(j)]
(k) Ventilation. Internal combustion engine-driven vehicles shall be operated only where adequate ventilation exists or is provided. (Air contaminant requirements are found in §1918.94 and part 1910, subpart Z, of this chapter.) [§1918.86(k)]
(l) Securing cargo. Cargo loaded or discharged during Ro-Ro operations shall be secured to prevent sliding loads. [§1918.86(l)]
(m) Authorized personnel. Only authorized persons shall be permitted on any deck while loading or discharging operations are being conducted. Such authorized persons shall be equipped with high visibility vests (or equivalent protection9). [§1918.86(m)]
Note to paragraph (m): High visibility vests or equivalent protection means high visibility/ retro-reflective materials which are intended to make the user clearly visible by day through the use of high visibility (fluorescent) material and in the dark by vehicle headlights through the use of retro-reflective material. For example, an acceptable area of material for a vest or equivalent protection is .5 m2 (760 in.2) for fluorescent (background) material and .13m2 (197 in.2) for retro-reflective material. Vests or equivalent protection, such as high visibility/retro-reflective coveralls, that are available for industrial use, may also be acceptable.
(n) Vehicle stowage positioning. Drivers shall not drive vehicles, either forward or backward, while any personnel are in positions where they could be struck. [§1918.86(n)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
§1918.87
Ship's cargo elevators
(a) Safe working load. The safe working loads of ship's cargo elevators shall be determined and followed. [§1918.87(a)]
(b) Load distribution. Loads shall be evenly distributed and maintained on the elevator's platform. [§1918.87(b)]
(c) Elevator personnel restrictions. Personnel shall not be permitted to ride on the elevator's platform if a fall hazard exists. (See §1918.2.) [§1918.87(c)]
(d) Open deck barricades. During elevator operation, each open deck that presents a fall hazard to employees shall be effectively barricaded. [§1918.87(d)]
§1918.88
Log operations
(a) Working in holds. When loading logs into the holds of vessels and using dumper devices to roll logs into the wings, the employer shall ensure that employees remain clear of areas where logs being dumped could strike, roll upon, or pin them. [§1918.88(a)]
(b) Personal flotation devices. Each employee working on a log boom shall be protected by a personal flotation device meeting the requirements of §1918.105(b)(2). [§1918.88(b)]
(c) Footwear. The employer shall provide each employee that is working logs with appropriate footwear, such as spiked shoes or caulked sandals, and shall ensure that each employee wears appropriate footwear to climb or walk on logs. [§1918.88(c)]
(d)Lifelines. When employees are working on log booms or cribs, lifelines shall be furnished and hung overside to the water's edge. [§1918.88(d)]
(e)Jacob's ladder. When a log boom is being worked, a Jacob's ladder meeting the requirements of §1918.23 shall be provided for each gang working alongside unless other safe means of access (such as the vessel's gangway) is provided. However, no more than two Jacob's ladders are required for any single log boom being worked. [§1918.88(e)]
(f)Life-ring. When working a log boom alongside a ship, a U.S. Coast Guard approved 30-inch (76.2 cm) life-ring, with no less than 90 feet (27.4 m) of line, shall be provided either on the floating unit itself or aboard the ship close to each floating unit being worked. [§1918.88(f)]
(g)Rescue boat. When employees are working on rafts or booms, a rescue boat capable of effecting an immediate rescue shall be available. Powered rescue boats are required when the current exceeds one knot. [§1918.88(g)]
(h)Log rafts. When an employee is working logs out of the water, walking sticks10 (safety sticks) shall be provided as follows: [§1918.88(h)]
(1) They shall be planked and be no less than 24 inches (.61 m) wide; [§1918.88(h)(1)]
(2) They shall extend along the entire length of all rafts on the side(s) of the vessel being worked, and to the means of access to the log raft(s); and [§1918.88(h)(2)]
(3) They shall be buoyant enough to keep the walking surface above the waterline when employees are walking on them. [§1918.88(h)(3)]
§1918.89
Handling hazardous cargo (See also §1918.2 and §1918.99)
Hazardous cargo shall be slung and secured so that neither the draft nor individual packages can fall because of tipping of the draft or slacking of the supporting gear.
Subpart I – General Working Conditions
§1918.90
Hazard communication
See §1918.1(b)(4).
§1918.91
Housekeeping
(a) General. Active work areas shall be kept free of equipment, such as lashing gear, and materials not in use, and clear of debris, projecting nails, strapping and other objects not necessary to the work in progress. [§1918.91(a)]
(b) Slippery surfaces. The employer shall eliminate conditions causing slippery walking and working surfaces in immediate areas used by employees. [§1918.91(b)]
(c) Free movement of drafts. Dunnage shall not be placed at any location where it interferes with the free movement of drafts. [§1918.91(c)]
(d) Dunnage height. Dunnage racked against sweat battens or bulkheads shall not be used when the levels of such racks are above the safe reach of employees. [§1918.91(d)]
(e) Coaming clearance. Dunnage, hatch beams, tarpaulins or gear not in use shall be stowed no closer than three feet (.91 m) to the port and starboard sides of the weather deck hatch coaming. [§1918.91(e)]
(f) Nails. [§1918.91(f)]
(1) Nails that are protruding from shoring or fencing in the work area shall be rendered harmless. [§1918.91(f)(1)]
(2) Dunnage, lumber, or shoring material in which there are visibly protruding nails shall be removed from the work area, or, if left in the area, the nails shall be rendered harmless. [§1918.91(f)(2)]
(g) Ice aloft. Employees shall be protected from ice that may fall from aloft. [§1918.91(g)]
§1918.92 Illumination
(a) Walking, working, and climbing areas. Walking, working, and climbing areas shall be illuminated. Unless conditions described in the regulations of the U.S. Coast Guard (33 CFR 154.570) exist for specific operations, illumination for cargo transfer operations shall be of a minimum light intensity of five foot-candles (54 lux). Where work tasks require more light to be performed safely, supplemental lighting shall be used. [§1918.92(a)]
(b) Intensity measurement. The lighting intensity shall be measured at the task/working surface, in the plane in which the task/working surface is present. [§1918.92(b)]
(c) Arrangement of lights. Lights shall be arranged so that they do not shine into the eyes of winch-drivers, crane operators or hatch tenders. On Ro-Ro ships, stationary lights shall not shine directly into the eyes of drivers. [§1918.92(c)]
(d) Portable lights. Portable lights shall meet the following requirements: [§1918.92(d)]
(1) Portable lights shall be equipped with substantial reflectors and guards to prevent materials from coming into contact with the bulb. [§1918.92(d)(1)]
(2) Flexible electric cords used with temporary lights shall be designed by the manufacturer for hard or extra-hard usage. Temporary and portable lights shall not be suspended by their electric cords unless the cords and lights are designed for this means of suspension. Connections and insulation shall be maintained in safe condition. [§1918.92(d)(2)]
9.Decals on hard hats will not be considered equivalent protection for the purposes of this paragraph.
10.A “walking stick” is two logs bolted or otherwise secured together with two or three planks firmly attached on top that serves as a floating walking and working surface and that is used in the loading of logs onto vessels from the water.
§1918.93 Part 1918 - Safety and Health Regulations for Longshoring
(3) Electric conductors and fixtures for portable lights shall be so arranged as to be free from contact with drafts, running gear, and other moving equipment. [§1918.92(d)(3)]
(4) Portable cargo lights furnished by the employer for use aboard vessels shall be listed as approved for marine use by the U.S. Coast Guard or by a nationally recognized testing laboratory (see §1910.7). [§1918.92(d)(4)]
(e)Entry into darkened areas. Employees shall not be permitted to enter dark holds, compartments, decks or other spaces without a flashlight or other portable light. The use of matches or open flames is prohibited. [§1918.92(e)]
§1918.93
Hazardous atmospheres and substances (See also §1918.2)
(a) Purpose and scope. This section covers areas in which the employer knows, or has reason to believe, that a hazardous atmosphere or substance may exist, except where one or more of the following sections apply: §1918.94(a), Carbon monoxide; §1918.94(b), Fumigated grains; §1918.94(c), Fumigated tobacco; §1918.94(d), Other fumigated cargoes; §1918.94(e), Catch of menhaden and similar species of fish. [§1918.93(a)]
(b)Determination of the hazard. When the employer knows, or has reason to believe, that a space on a vessel contains or has contained a hazardous atmosphere, a designated and appropriately equipped person shall test the atmosphere prior to employee entry to detect whether a hazardous atmosphere exists. [§1918.93(b)]
(c)Testing during ventilation. When mechanical ventilation is used to maintain a safe atmosphere, tests shall be made by a designated person to ensure that the atmosphere is not hazardous. [§1918.93(c)]
(d)Entry into hazardous atmospheres. Only designated persons shall enter hazardous atmospheres, in which case the following provisions shall apply: [§1918.93(d)]
(1) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of subpart J of this part; [§1918.93(d)(1)]
(2) Persons entering a space containing a hazardous atmosphere shall be instructed about the hazards, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such space; [§1918.93(d)(2)]
(3) Except in emergency or rescue operations, employees shall not enter any atmosphere identified as flammable or oxygen-deficient (less than 19.5% oxygen). Persons who may be required to enter flammable or oxygen-deficient atmospheres in emergency operations shall be instructed in the dangers attendant to those atmospheres and be instructed in the use of self-contained breathing apparatus which shall be used for entry. [§1918.93(d)(3)]
(4) To prevent inadvertent employee entry into spaces identified as having hazardous, flammable or oxygen-deficient atmospheres, appropriate warning signs or equivalent means shall be posted at all means of access to those spaces. [§1918.93(d)(4)]
(e)Asbestos cargo leak. When the packaging of asbestos cargo leaks, spillage shall be cleaned up by designated employees protected from the harmful effects of asbestos as required by §1910.1001 of this chapter. [§1918.93(e)]
§1918.94
Ventilation and atmospheric conditions (See also §1918.2, definitions of Hazardous cargo, materials, substance or atmosphere and Ro-Ro operations) Ventilation and atmospheric conditions
(a) Ventilation with respect to carbon monoxide. [§1918.94(a)]
(1) When internal combustion engines exhaust into a hold, intermediate deck, or any other compartment, the employer shall ensure that the atmosphere is tested as frequently as needed to prevent carbon monoxide (CO) concentrations from exceeding allowable limits. Such tests shall be made in the area in which employees are working by persons competent in the use of the test equipment and procedures. If operations are in a deep tank or refrigerated compartment, the first test shall be made within one half hour of the time the engine starts. To decide the need for further testing, the initial test in all other cargo handling areas shall be taken no later than one hour after the time the engine starts. [§1918.94(a)(1)]
(i) The CO content of the atmosphere in a compartment, hold, or any enclosed space shall be maintained at not more than 50 parts per million (ppm) (0.005%) as an eight hour average area level and employees shall be removed from the enclosed space if the CO concentration exceeds a ceiling of 100 ppm (0.01%). Exception: The ceiling shall be 200 ppm (0.02%) instead of 100 ppm (0.01%) for Ro-Ro operations.11 [§1918.94(a)(1)(i)]
Note to paragraph (a)(1)(i): The term eight hour average area level means that for any period in which the concentration exceeds 50 parts per million, the concentration shall be maintained for a corresponding period below 50 parts per million.
(ii) When both natural ventilation and the vessel's ventilation system are inadequate to keep the CO concentration within the allowable limits, the employer shall use supplementary means to bring such concentration within allowable limits, as determined by monitoring. [§1918.94(a)(1)(ii)]
(2) The intakes of portable blowers and any exposed belt drives shall be guarded to prevent injury to employees. [§1918.94(a)(2)]
(3) The frames of portable blowers shall be grounded at the source of the current by means of an equipment grounding conductor run with or enclosing the circuit conductors. When the vessel is the source of the current, the equipment grounding conductor shall be bonded to the structure of the vessel. Electric cords shall be free from visible defects. [§1918.94(a)(3)]
(b) Fumigated grains. [§1918.94(b)]
(1) Before commencing to handle bulk grain in any compartment of a vessel in which employees will or may be present, the employer shall: [§1918.94(b)(1)]
(i) Determine whether the grain has been or will be fumigated at the elevator; and [§1918.94(b)(1)(i)]
(ii) Determine whether that compartment, or any cargo within it loaded at a prior berth, has been treated with a fumigant or any other chemical. [§1918.94(b)(1)(ii)]
(2) If fumigant or chemical treatment has been carried out, or if there is reason to suspect that such treatment has been carried out, it shall be determined by atmospheric testing that the compartment's atmosphere is within allowable limits. (See paragraph (b)(3) of this section.) [§1918.94(b)(2)]
(3) A test of the fumigant concentration in the atmosphere of the compartment shall be made after loading begins and before employees enter the compartment. Additional tests shall be made as often as necessary to ensure that hazardous concentrations do not develop. [§1918.94(b)(3)]
(i) Tests for fumigant concentration shall be conducted by a designated person, who shall be thoroughly familiar with the characteristics of the fumigant being used, the correct procedure for measurement, the proper measuring equipment to be used, the fumigant manufacturers' recommendations and warnings, and the proper use of personal protective equipment to guard against the specific hazard. [§1918.94(b)(3)(i)]
(ii) If the concentration in any compartment reaches the level specified as hazardous by the fumigant manufacturer, or exceeds the permissible exposure limits of part 1910, subpart Z of this chapter, whichever is lower, all employees shall be removed from such compartments and shall not be permitted to reenter until tests prove that the atmosphere is within allowable limits. [§1918.94(b)(3)(ii)]
(iii) No employee shall be permitted to enter any compartment in which grain fumigation has been carried out, or any compartment immediately next to such a compartment, until it has been determined by testing that the atmosphere in the compartment to be entered is within allowable limits for entry. [§1918.94(b)(3)(iii)]
(iv) In the event a compartment containing a hazardous or unknown concentration of fumigants must be entered for testing of the atmosphere, or for emergency purposes, each employee entering shall be protected by respiratory protective equipment following the provisions of §1918.102, and by any protective clothing and other personal protective equipment recommended by the fumigant manufacturer for protection against the particular hazard. At least two other employees shall be stationed outside the compartment as observers, to provide rescue services in case of emergency. The observers shall be equipped with similar personal protective equipment.
[§1918.94(b)(3)(iv)]
(v) One or more employees on duty shall be equipped and trained to provide any specific emergency medical treatment stipulated for the particular fumigant. [§1918.94(b)(3)(v)]
(vi) Emergency equipment required by this paragraph shall be readily accessible wherever fumigated grains are being handled. [§1918.94(b)(3)(vi)]
(4) If a compartment is treated for local infestation before loading grain by a chemical other than a fumigant, the employee applying the treatment, and any other employees entering the compartment, shall be provided with and required to use any personal protective equipment recommended by the manufacturer of the product to protect them against the effects of exposure. [§1918.94(b)(4)]
(c) Fumigated tobacco. The employer shall not load break-bulk tobacco until the carrier has provided written notification about whether or not the cargo has been fumigated. If break-bulk tobacco cargo has been treated with any toxic fumigant, loading shall not commence until a written warranty has been received from the fumigation facility that the aeration of the cargo has been such as to reduce the concentration of the fumigant to within the 11.[Reserved]
level specified as hazardous by the fumigant manufacturer, or does not exceed the permissible exposure limits of part 1910, subpart Z of this chapter, whichever is lower. Such notification and warranty shall be maintained for at least 30 days after the loading of the tobacco has been completed, and shall be available for inspection. [§1918.94(c)]
(d) Other fumigated cargoes. Before commencing to load or discharge fumigated cargo other than the cargo specifically addressed in paragraphs (b) and (c) of this section, the employer shall determine that the concentration of fumigants is within the level specified as hazardous by the fumigant manufacturer, or does not exceed the permissible exposure limits of part 1910, subpart Z of this chapter, whichever is lower. [§1918.94(d)]
(e) Grain dust. When employees are exposed to concentrations of grain dust greater than the allowable limit found in subpart Z of part 1910 of this chapter, they shall be protected by suitable respiratory protective equipment as required by §1918.102. [§1918.94(e)]
(f) Catch of menhaden and similar species of fish. [§1918.94(f)]
(1) The provisions of this paragraph shall not apply to vessels having and utilizing refrigerated holds for the carriage of all cargo. [§1918.94(f)(1)]
(2) After a vessel has arrived at berth for discharge of menhaden, but before personnel enter the hold, and as frequently thereafter as tests show to be necessary, tests shall be made of the atmosphere in the vessel's hold to ensure a safe work space. The tests shall be done for the presence of hydrogen sulfide and for oxygen deficiency. [§1918.94(f)(2)]
(3) Tests required by paragraph (f)(2) of this section shall be made by designated supervisory personnel, trained and competent in the nature of hazards and the use of test equipment and procedures. [§1918.94(f)(3)]
(4) Before employees enter a hold it shall be tested for hydrogen sulfide and oxygen deficiency. Employees shall not enter the hold when the hydrogen sulfide level exceeds 20 ppm ceiling or when the oxygen content is less than 19.5 percent, except in emergencies. [§1918.94(f)(4)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
§1918.95
Sanitation
(a) Washing and toilet facilities. [§1918.95(a)]
(1) Accessible washing and toilet facilities sufficient for the sanitary requirements of employees shall be readily accessible at the worksite. The facilities shall have: [§1918.95(a)(1)]
(i) Running water, including hot and cold or tepid water, at a minimum of one accessible location (when longshoring operations are conducted at locations without permanent facilities, potable water may be provided instead of running water); [§1918.95(a)(1)(i)]
(ii) Soap; [§1918.95(a)(1)(ii)]
(iii) Individual hand towels, clean individual sections of continuous toweling, or air blowers; and [§1918.95(a)(1)(iii)]
(iv) Fixed or portable toilets in separate compartments with latchequipped doors. Separate toilet facilities shall be provided for male and female employees unless toilet rooms will be occupied by only one person at a time. [§1918.95(a)(1)(iv)]
(2) Washing and toilet facilities shall be regularly cleaned and maintained in good order. [§1918.95(a)(2)]
(b) Drinking water. [§1918.95(b)]
(1) Potable drinking water shall be accessible to employees at all times. [§1918.95(b)(1)]
(2) Potable drinking water containers shall be clean, containing only water and ice, and shall be fitted with covers. [§1918.95(b)(2)]
(3) Common drinking cups are prohibited. [§1918.95(b)(3)]
(c) Prohibited eating areas. Consumption of food or beverages in areas where hazardous materials are stowed or being handled is prohibited. [§1918.95(c)]
(d) Garbage and overboard discharges. Work shall not be conducted close to uncovered garbage or in the way of overboard discharges from the vessel's sanitary lines unless employees are protected from the garbage or discharge by a baffle or splash boards. [§1918.95(d)]
[62 FR 40202, July 25, 1997, as amended at 76 FR 33610, June 8, 2011] §1918.96
Maintenance and repair work in the vicinity of longshoring operations
(a) Noise interference (See also §1918.1(b)(6).) Longshoring operations shall not be carried on when noise interferes with communications of warnings or instructions. [§1918.96(a)]
(b) Falling objects. Longshoring operations shall not be carried on in the hold or on deck beneath work being conducted overhead whenever such work exposes the employee to a hazard of falling objects. [§1918.96(b)]
(c) Hot work. Longshoring operations shall not be carried on where the employee is exposed to damaging light rays, hot metal, or sparks from welding or cutting. [§1918.96(c)]
(d) Abrasive blasting and spray painting. Longshoring operations shall not be carried on in the immediate vicinity of abrasive blasting or spray painting operations. [§1918.96(d)]
(e) Machine guarding. (See also §1918.2, definition of “Danger zone”.) [§1918.96(e)]
(1) Danger zones on machines and equipment used by employees shall be guarded. [§1918.96(e)(1)]
(2) The power supply to machines shall be turned off, locked out, and tagged out during repair, adjustment, or servicing. [§1918.96(e)(2)]
§1918.97
First aid and lifesaving facilities
(See appendix V of this part)
(a) Injury reporting. The employer shall require each employee to report every work-related injury, regardless of severity, to the employer. [§1918.97(a)]
(b) First aid. A first aid kit shall be available at or near each vessel being worked. At least one person holding a valid first aid certificate, such as is issued by the Red Cross or other equivalent organization, shall be available to render first aid when work is in progress. [§1918.97(b)]
(c) First aid kits. First aid kits shall be weatherproof and shall contain individual sealed packages for each item that must be kept sterile. The contents of each kit shall be determined by a person certified in first aid and cognizant of the hazards found in marine cargo handling operations. The contents shall be checked at intervals that allow prompt replacement of expended items. [§1918.97(c)]
(d) Stretchers. [§1918.97(d)]
(1) For each vessel being worked, at least one Stokes basket stretcher, or its equivalent, shall be available to be permanently equipped with bridles for attachment to the hoisting gear. [§1918.97(d)(1)]
(2) Stretchers shall be kept close to vessels and shall be positioned to avoid damage to the stretcher. [§1918.97(d)(2)]
(3) A blanket or other suitable covering shall be available. [§1918.97(d)(3)]
(4) Stretchers shall have at least four sets of effective patient restraints in operable condition. [§1918.97(d)(4)]
(5) Lifting bridles shall be of adequate strength, capable of lifting 1,000 pounds (454 kg) with a safety factor of five (lifting capability of 5,000 pounds), and shall be maintained in operable condition. Lifting bridles shall be provided for making vertical patient lifts at container berths. Stretchers for vertical lifts shall have foot plates. [§1918.97(d)(5)]
(6) Stretchers shall be maintained in operable condition. Struts and braces shall be inspected for damage. Wire mesh shall be secured and have no burrs. Damaged stretchers shall not be used until repaired. [§1918.97(d)(6)]
(7) Stretchers in permanent locations shall be mounted to prevent damage and be protected from the elements if located out-ofdoors. If concealed from view, enclosures shall be marked to indicate the location of the lifesaving equipment. [§1918.97(d)(7)]
(e)Life-rings. [§1918.97(e)]
(1) The employer shall ensure that there is in the vicinity of each vessel being worked at least one U.S. Coast Guard approved 30-inch (76.2 cm) life-ring with no less than 90 feet (27.43 m) of line attached, and at least one portable or permanent ladder that will reach from the top of the apron to the surface of the water. [§1918.97(e)(1)]
(2) In addition, when working a barge, scow, raft, lighter, log boom, or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch (76.2 cm) life-ring, with no less than 90 feet (27.43 m) of line shall be provided either on the floating unit itself or aboard the ship in the immediate vicinity of each floating unit being worked. [§1918.97(e)(2)]
(f) Communication. Telephone or equivalent means of communication shall be readily available at the worksite. [§1918.97(f)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
§1918.98
Qualifications of machinery operators and supervisory training
(a) Qualification of machinery operators. [§1918.98(a)]
(1) Only an employee determined by the employer to be competent by reason of training or experience, and who understands the signs, notices and operating instructions and is familiar with the signal code in use, shall be permitted to operate a crane, winch, or other power-operated cargo handling apparatus, or any poweroperated vehicle, or give signals to the operator of any hoisting apparatus. However, an employee being trained and supervised by a designated person may operate such machinery and give signals to operators during training. [§1918.98(a)(1)]
§1918.99
Part 1918 - Safety and Health Regulations for Longshoring
(2) No employee known to have defective uncorrected eyesight or hearing, or to be suffering from heart disease, epilepsy, or similar ailments that may suddenly incapacitate the employee, shall be permitted to operate a crane, winch or other power-operated cargo handling apparatus or a power-operated vehicle. [§1918.98(a)(2)]
Note to paragraph (a)(2): OSHA is defining suddenly incapacitating medical ailments consistent with the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in accordance with the employment provisions (Title I) of the ADA (42 U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part 1630), and the Technical Assistance Manual for Title I issued by the Equal Employment Opportunity Commission (Publication number: EEOC-M1A), will be considered as being in compliance with this paragraph.
(b) Supervisory accident prevention proficiency. [§1918.98(b)]
(1) By July 16, 1999, each immediate supervisor of a cargo handling operation of more than five persons shall satisfactorily complete a course in accident prevention. [§1918.98(b)(1)]
(2) Each employee newly assigned to supervisory duties after that date shall be required to meet the provisions of this paragraph within 90 days of such assignment. [§1918.98(b)(2)]
(3) The accident prevention course shall consist of instruction suited to the particular operations involved.12 [§1918.98(b)(3)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000] §1918.99
Retention of DOT markings, placards and labels
(a) Any employer who receives a package of hazardous material that is required to be marked, labeled or placarded in accordance with the U.S. Department of Transportation's Hazardous Materials Regulations (49 CFR parts 171 through 180) shall retain those markings, labels and placards on the package until the packaging is sufficiently cleaned of residues and purged of vapors to remove any potential hazards. [§1918.99(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 that require the marking or placarding are sufficiently removed to prevent any potential hazards. [§1918.99(b)]
(c) Markings, placards and labels shall be maintained in a manner that ensures that they are readily visible. [§1918.99(c)]
(d) For non-bulk packages that will not be reshipped, the provisions of the section are met if a label or other acceptable marking is affixed in accordance with OSHA's Hazard Communication Standard (29 CFR 1910.1200). [§1918.99(d)]
(e) For the purposes of this section, the term “hazardous material” has the same definition as in the Hazardous Materials Regulations (49 CFR parts 171 through 180). [§1918.99(e)]
§1918.100
Emergency action plans
(a) Scope and application. This section requires all employers to develop and implement an emergency action plan.13 The emergency action plan shall be in writing (except as provided in the last sentence of paragraph (e)(3) of this section) and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies. [§1918.100(a)]
(b) Elements. The following elements, at a minimum, shall be included in the plan: [§1918.100(b)]
(1) Emergency escape procedures and emergency escape route assignments; [§1918.100(b)(1)]
(2) Procedures to be followed by employees who remain to operate critical operations before they evacuate; [§1918.100(b)(2)]
(3) Procedures to account for all employees after emergency evacuation has been completed; [§1918.100(b)(3)]
(4) Rescue and medical duties for those employees who are to perform them; [§1918.100(b)(4)]
(5) The preferred means of reporting fires and other emergencies; and [§1918.100(b)(5)]
(6) Names or regular job titles of persons or departments that can be contacted for further information or explanation of duties under the plan. [§1918.100(b)(6)]
(c)Alarm system. The employer shall establish an employee alarm system that provides warning for necessary emergency action or for
12.The following are recommended topics: Safety responsibility and authority; elements of accidents prevention; attitudes, leadership and motivation; hazards of longshoring, including peculiar local circumstances; hazard identification and elimination; applicable regulations; and accident investigations.
13.When an employer directs his employees to respond to an emergency that is beyond the scope of the Emergency Action Plan, a plan developed in accordance with §1910.120(q) of this chapter shall apply.
reaction time for safe escape of employees from the workplace or the immediate work area, or both. [§1918.100(c)]
(d)Evacuation. The employer shall establish the types of evacuation to be used in emergency circumstances. [§1918.100(d)]
(e)Training. [§1918.100(e)]
(1) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.
[§1918.100(e)(1)]
(2) The employer shall review the plan with each employee covered by the plan at the following times: [§1918.100(e)(2)]
(i) Initially when the plan is developed; [§1918.100(e)(2)(i)]
(ii) Whenever the employee's responsibilities or designated actions under the plan change; and [§1918.100(e)(2)(ii)]
(iii) Whenever the plan is changed. [§1918.100(e)(2)(iii)]
(3) The employer shall review with each employee upon initial assignment those parts of the plan that the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. Employers with 10 or fewer employees may communicate the plan orally to employees and need not maintain a written plan. [§1918.100(e)(3)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Subpart J – Personal Protective Equipment
§1918.101
Eye and face protection
(a) The employer shall ensure that: [§1918.101(a)]
(1) (i) Employers must ensure that each employee uses appropriate eye and/or face protection when the employee is exposed to an eye or face hazards, and that protective eye and face devices comply with any of the following consensus standards: [§1918.101(a)(1)(i)]
[A] ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in §1918.3; [§1918.101(a)(1)(i)[A]]
[B] ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in §1918.3; or [§1918.101(a)(1)(i)[B]]
[C] ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, incorporated by reference in §1918.3 [§1918.101(a)(1)(i)[C]]
(ii) Protective eye and face protection devices that the employer demonstrates are at least as effective as protective eye and face 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. [§1918.101(a)(1)(ii)]
(2) For an employee wearing corrective glasses, eye protection equipment required by paragraph (a)(1) of this section shall be of the type that can be worn over glasses. Prescription-ground safety lenses may be substituted if they provide equivalent protection. [§1918.101(a)(2)]
(b) Eye protection shall be maintained in good condition. [§1918.101(b)]
(c) Used eye protection shall be cleaned and disinfected before issuance to another employee. [§1918.101(c)]
[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009; 81 FR 16092, Mar. 25, 2016]
§1918.102
Respiratory protection
(See §1918.1(b)(8)).
[65 FR 40946, June 30, 2000]
§1918.103
Head protection
(a) The employer shall ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects. [§1918.103(a)]
(b) (1) The employer must ensure that head protection complies with any of the following consensus standards: [§1918.103(b)(1)]
(i) American National Standards Institute (ANSI) Z89.1-2009, "American National Standard for Industrial Head Protection," incorporated by reference in §1918.3; [§1918.103(b)(1)(i)]
(ii) American National Standards Institute (ANSI) Z89.1-2003, "American National Standard for Industrial Head Protection," incorporated by reference in §1918.3; or [§1918.103(b)(1)(ii)]
(iii) American National Standards Institute (ANSI) Z89.1-1997, "American National Standard for Personnel Protection — Protective Headwear for Industrial Workers — Requirements," incorporated by reference in §1918.3. [§1918.103(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. [§1918.103(b)(2)]
(c)Previously worn protective hats shall be cleaned and disinfected before issuance by the employer to another employee. [§1918.103(c)]
[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009; 77 FR 37600, June 22, 2012]
§1918.104
Foot protection
(a) The employer shall ensure that each affected employee wears protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects or objects piercing the sole. [§1918.104(a)]
(b) (1) The employer must ensure that protective footwear complies with any of the following consensus standards: [§1918.104(b)(1)]
(i) ASTM F-2412-2005, “Standard Test Methods for Foot Protection,” and ASTM F-2413-2005, “Standard Specification for Performance Requirements for Protective Footwear,” which are incorporated by reference in §1918.3; [§1918.104(b)(1)(i)]
(ii) ANSI Z41-1999, “American National Standard for Personal Protection — Protective Footwear,” which is incorporated by reference in §1918.3; or [§1918.104(b)(1)(ii)]
(iii) ANSI Z41-1991, “American National Standard for Personal Protection — Protective Footwear,” which is incorporated by reference in §1918.3. [§1918.104(b)(1)(iii)]
(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. [§1918.104(b)(2)]
[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009]
§1918.105
Other protective measures
(a) Protective clothing. [§1918.105(a)]
(1) The employer shall provide and shall require the wearing of special protective clothing for each employee engaged in work where protective clothing is necessary. [§1918.105(a)(1)]
(2) When necessary, protective clothing shall be cleaned and disinfected before reissuance. [§1918.105(a)(2)]
(b) Personal flotation devices (PFDs). [§1918.105(b)]
(1) The employer shall provide and shall require the wearing of PFDs for each employee engaged in work in which the employee might fall into the water. [§1918.105(b)(1)]
(2) PFDs (life preservers, life jackets, or work vests) worn by each affected employee must be United States Coast Guard (USCG) approved pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for use as a work vest, for commercial use, or for use on vessels. [§1918.105(b)(2)]
(3) Personal flotation devices shall be maintained in safe condition and shall be considered unserviceable when damaged in a manner that affects buoyancy or fastening capability. [§1918.105(b)(3)]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
§1918.106
Payment for protective equipment
(a) Except as provided by paragraphs (b) through (f) 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. [§1918.106(a)]
(b) The employer is not required to pay for non-specialty safety-toe 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. [§1918.106(b)]
(c) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots. [§1918.106(c)]
(d) The employer is not required to pay for: [§1918.106(d)]
(1) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or [§1918.106(d)(1)]
(2) 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. [§1918.106(d)(2)]
(e) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.
[§1918.106(e)]
(f) Where an employee provides adequate protective equipment he or she owns, 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 (b) through (e). [§1918.106(f)]
(g) This section shall become effective on February 13, 2008. Employers must implement the PPE payment requirements no later than May 15, 2008. [§1918.106(g)]
Note to §1918.106: 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.
[72 FR 64429, Nov. 15, 2007]
Part 1918 Appendix I
Cargo Gear Register and Certificates (Non-mandatory)
Note: This appendix is non-mandatory and provides guidance to part 1918 to assist employers and employees in complying with the requirements of this standard, as well as to provide other helpful information. Nothing in this appendix adds or detracts from any of the requirements of this standard. The language in this appendix is taken directly from the recommended ILO document.
FormNo.2(U)
IdentityofNationalAuthorityorCompetentOrganizationCertificate ofTestandThoroughExaminationofDerricksUsedinUnionPurchase
Positionofoutboardpreventerguyattachments: (a)forward/aft*ofmast–(m)and (b)formship’scenterline–(m)
Positionofinboardpreventerguyattachments: (a)forward/aft*ofmast–(m)and (b)formship’scenterline–(m) *Deleteasappropriate.
Nameandaddressofthefirmorcompetentpersonwhowitnessedtestingandcarriedoutthoroughexamination.
IcertifythatonthedatetowhichIhaveappendedmysignature,thegearshowninCol.(1)wastestedandthoroughlyexaminedand nodefectsorpermanentdeformationwasfoundandthatthesafeworkingloadisasshown.
NOTE:ThiscertificateisthestandardinternationalformasrecommendedbytheInternationalLabourOfficeinaccordancewithILOConventionNo.152.
*Free forms available free of charge at www.oshacfr.com
HT=Hand Tucked Splice.
For Hidden Tuck Splice (IWRC), use vales in HT (FC) columns.
MS=Mechanical Splice.
S=Poured Socket or Swaged Socket.
Note: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be considered.
HT=Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS=Mechanical Splice. S=Poured Socket or Swaged Socket.
Notes:
(1)
(2)
(3)
D=Diameter or curvature around which the body of the sling is bent. d=Diameter
Part 1918 Appendix III Part 1918 - Safety and Health Regulations for Longshoring
there are occasions when break-bulk cargo is handled with conventional ship's cargo gear. This appendix provides a reference for those unfamiliar with such cargo gear.
HT=Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS=Mechanical Splice.
S=Poured Socket or Swaged Socket.
Note:
(1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be considered.
(2) These values only apply when the D/d ratio is 25 or greater.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40947, June 30, 2000]
Part 1918 Appendix III
The Mechanics of Conventional Cargo Gear (Non-mandatory)
Note: This appendix is non-mandatory and provides an explanation of the mechanics in the correct spotting of cargo handling gear.
Although the most prevalent method of cargo handling is accomplished through the use of modern shoreside container gantry cranes,
Sections 1918.52, 1918.53, and 1918.54 all address the subject of rigging and operating vessel's cargo handling gear. It is important to understand that under the Burton System of cargo handling (conventional gear consisting of two cargo derricks with married falls), the midships or up-and-down boom should be spotted as close to the fore and aft centerline of the hatch as operationally possible. Such spotting of the up-and-down boom will allow the most effective leads for the guy(s) and preventer(s) to safely support the lateral stresses generated in the boom(s) by the married falls. As the lead of the guy(s) and preventer(s) approaches the vertical, in supporting the boom(s) head, the total stress in the guy(s) increases rapidly due to the increased vertical force that is generated in the guy(s) in order to counteract any particular horizontal or lateral force exerted on the boom(s) head. The appreciable vertical forces that are generated in this process are transmitted, in substantial part, to the boom(s) and topping lift(s), causing proportionate compressive stresses in the boom(s) and tension stresses in the topping lift(s).
In general, guys and preventers must be located so that enough vertical resistance is developed so as to prohibit the boom(s) from jackknifing as cargo passes across the deck. Special care must be exercised in the proper placement of guys and preventers associated with the Burton or yard boom. Preventers, when used, must parallel as closely as possible the guys that they support. Guys and preventers must not be attached to the same fitting.
While under a load, the cargo falls (running rigging) must not be permitted to chafe on any standing or other running gear. Special attention must be paid to ensure that cargo runners work freely through the heel block, without chafing the cheek of the block. Also, bobbing chains and heel block preventers must be attached so as to not interfere with the movement of the cargo runners.
Part 1918 Appendix IV Special Cargo Gear and Container Spreader Test Requirements (Mandatory) [see §1918.61 (f), (g), (h)]
Note to Appendix IV: Special stevedoring gear in use prior to January 21, 1998 was covered by §1918.61(b), in effect prior to January 21, 1998. (See 29 CFR Parts 1911 to 1925
Part 1918 Appendix V
Basic Elements of a First Aid Training Program (Non-mandatory)
Note: This appendix is non-mandatory and provides guidelines for small businesses and institutions teaching first aid, as well as for the recipients of first aid training.
General Program Elements
A. Teaching Methods
1. Trainees should develop “hands on” skills through the use of manikins and trainee partners during their training.
2. Trainees should be exposed to acute injury and illness settings as well as the appropriate response to those settings through the use of visual aids, such as video tape and slides.
3. Training should include a course workbook which discusses first aid principles and responses to settings that require interventions.
4. Training duration should allow enough time for particular emphasis on situations likely to be encountered in particular workplaces.
5. An emphasis on quick response to first aid situations should be incorporated throughout the program.
B. Principles of Responding to a Health Emergency
The training program should include instruction in:
1. Injury and acute illness as a health problem.
2. Interactions with the local emergency medical services system. Trainees have the responsibility for maintaining a current list of emergency telephone numbers (police, fire, ambulance, poison control) easily accessible to all employees.
3. The principles of triage.
4. The legal aspects of providing first aid services.
C. Methods of Surveying the Scene and the Victim(s)
The training program should include instruction in:
1. The assessment of scenes that require first aid services including:
a. General scene safety.
b. likely event sequence.
c. rapid estimate of the number of persons injured.
d. identification of others able to help at the scene.
2. Performing a primary survey of each victim including airway, breathing, and circulation assessments as well as the presence of any bleeding.
3. The techniques and principles of taking a victim's history at the scene of an emergency.
4. Performing a secondary survey of the victim including assessments of vital signs, skin appearance, head and neck, eye, chest, abdomen, back, extremities, and medical alert symbols.
D. Basic Adult Cardiopulmonary Resuscitation (CPR)
Basic adult CPR training should be included in the program. Retesting should occur every year. The training program should include instruction in:
1. Establishing and maintaining adult airway patency.
2. Performing adult breathing resuscitation.
3. Performing adult circulatory resuscitation.
4. Performing choking assessments and appropriate first aid interventions.
5. Resuscitating the drowning victim.
E. Basic First Aid Intervention
Trainees should receive instruction in the principles and performance of:
1. Bandaging of the head, chest, shoulder, arm, leg, wrist, elbow, foot, ankle, fingers, toes, and knee.
2. Splinting of the arm, elbow, clavicle, fingers, hand, forearm, ribs, hip, femur, lower leg, ankle, knee, foot, and toes.
3. Moving and rescuing victims including one and two person lifts, ankle and shoulder pulls, and the blanket pull.
F. Universal Precautions
Trainees should be provided with adequate instruction on the need for and use of universal precautions. This should include:
1. The meaning of universal precautions, which body fluids are considered potentially infectious, and which are regarded as hazardous.
2. The value of universal precautions for infectious diseases such as AIDS and hepatitis B.
3. A copy of OSHA's standard for occupational exposure to bloodborne pathogens or information on how to obtain a copy.
4. The necessity for keeping gloves and other protective equipment readily available and the appropriate use of them.
5. The appropriate tagging and disposal of any sharp item or instrument requiring special disposal measures such as blood soaked material.
6. The appropriate management of blood spills.
G. First Aid Supplies
The first aid provider should be responsible for the type, amount, and maintenance of first aid supplies needed for their particular worksite(s). These supplies need to be stored in a convenient area available for emergency access.
H. Trainee Assessments
Assessment of successful completion of the first aid training program should include instructor observation of acquired skills and written performance assessments. First aid skills and knowledge should be reviewed every three years.
I. Program Update
The training program should be periodically reviewed with current first aid techniques and knowledge. Outdated material should be replaced or removed.
Specific Program Elements
A. Type of Injury Training
1. Shock
Instruction in the principles and first aid intervention in:
a. Shock due to injury.
b. shock due to allergic reactions.
c. the appropriate assessment and first aid treatment of a victim who has fainted.
2. Bleeding
a. The types of bleeding including arterial, venous, capillary, external, and internal.
b. the principles and performance of bleeding control interventions including direct pressure, pressure points, elevation, and pressure bandaging.
c. the assessment and approach to wounds including abrasions, incisions, lacerations, punctures, avulsions, amputations, and crush injuries.
d. the principles of wound care including infection precautions, wounds requiring medical attention, and the need for tetanus prophylaxis.
3. Poisoning
Instruction in the principles and first aid intervention of:
a. Alkali, acid and systemic poisons. In addition, all trainees should know how and when to contact the local Poison Control Center.
b. inhaled poisons including carbon monoxide, carbon dioxide, smoke, and chemical fumes, vapors and gases as well as the importance of assessing the toxic potential of the environment to the rescuer and the need for respirators.
Trainees should be instructed in the acute effect of chemicals utilized in their plants, the location of chemical inventories, Safety Data Sheets (SDS), chemical emergency information, and antidote supplies.
c. topical poisons including poison ivy, poison sumac, poison oak, and insecticides.
d. drugs of abuse including alcohol, narcotics such as heroin and cocaine, tranquilizers, and amphetamines.
4. Burns
Instruction in the principles and first aid intervention of:
a. Assessing the severity of the burn including first degree, second degree, and third degree burns.
b. differentiating between the types of third degree burns (thermal, electrical, and chemical) and their specific interventions. Particular attention should be focused upon chemical burns, and the use of specific chemicals in the workplace which may cause them.
5. Temperature Extremes
Instruction in the principles and first aid intervention of:
a. Exposure to cold including frostbite and hypothermia.
b. exposure to heat including heat cramps, heat exhaustion, and heat stroke.
6. Musculoskeletal Injuries
The training program should include instruction in the principles and first aid intervention in:
a. Open fractures, closed fractures, and splinting.
b. dislocations, especially the methods of joint dislocations of the upper extremity. The importance of differentiating dislocations from fractures.
c. joint sprains.
d. muscle strains, contusions, and cramps.
e. head, neck, back, and spinal injuries.
7. Bites and Stings
Instruction in the principles and first aid intervention in:
a. Human and animal (especially dog and snake) bites.
b. bites and stings from insects (spiders, ticks, scorpions, hornets and wasps). Interventions should include responses to anaphylactic shock; other allergic manifestations; and rabies and tetanus prophylaxis.
8. Medical Emergencies
Instruction in the principles and first aid intervention of:
a. Heart attacks.
b. strokes.
c. asthma attacks.
Part 1918 Appendix V Part 1918 - Safety and
Health Regulations for Longshoring
d. diabetic emergencies including diabetic coma, insulin shock, hyperglycemia, and hypoglycemia.
e. seizures including tonic-clonic and absence seizures. Importance of not putting gags in mouth.
f. pregnancy including the appropriate care of any abdominal injury or vaginal bleeding.
9. Confined Spaces
a. The danger of entering a confined space to administer first aid without having the appropriate respiratory protection.
b. if first aid personnel will be required to assist evacuations from confined spaces, additional training will be needed.
B. Site of Injury Training
Instruction in the principles and first aid intervention of injuries to the following sites:
1. Head and Neck
a. Including skull fractures, concussions, and mental status assessments with particular attention to temporary loss of consciousness and the need for referral to a physician.
b. including the appropriate approach to the management of the individual who has suffered a potential neck injury or fracture.
2. Eye
a. Foreign bodies, corneal abrasions and lacerations.
b. chemical burns and the importance of flushing out the eye.
c. the importance of not applying antibiotics without physician supervision.
3. Nose
a. Nose injuries and nose bleeds.
4. Mouth and Teeth
a. Oral injuries, lip and tongue injuries, and broken and removed teeth. The importance of preventing inhalation of blood and teeth.
5. Chest
a. Rib fractures, flail chest, and penetrating wounds.
6. Abdomen
a. Blunt injuries, penetrating injuries, and protruding organs.
7. Hand, Finger, and Foot Injuries
a. Finger/toe nail hematoma, lacerations, splinters, finger nail avulsion, ring removal, and foreign bodies.
b. the importance of identifying amputation care hospitals in the area. When an amputation occurs, appropriate handling of amputated fingers, hands, and feet during the immediate transportation of the victim and body part to the hospital.
Part 1919 – Gear Certification
Authority: §41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Source: 39 FR 22096, June 19, 1974, unless otherwise noted.
Subpart A – General Provisions
§1919.1
Purpose and scope
(a) The regulations in this Part implement §§1915.115, 1917.50 and 1918.11 of this chapter. They provide procedures and standards governing accreditation of persons by the Occupational Safety and Health Administration, U.S. Department of Labor, for the purpose of certificating vessels' cargo gear and shore-based material handling devices, and the manner in which such certification shall be performed. [§1919.1(a)]
(b) Accreditation is not required, and the regulations of this part are not applicable, under the following circumstances: [§1919.1(b)]
(1) When cargo gear certification is performed for vessels inspected and certificated under the authority of the U.S. Coast Guard,1 or for foreign vessels certificated under the requirements of a foreign nation or by persons acceptable for certification purposes by a foreign nation. [§1919.1(b)(1)]
(2) When cargo gear certification is performed for shore-based material handling devices under standards established and enforced by the States wherein the devices are located, or by political subdivisions delegated this responsibility by the States, provided such standards meet the requirements of §1917.50(b)(2) of this chapter. [§1919.1(b)(2)]
(c) Persons not required to be accredited for gear certification purposes, as set forth in paragraph (b) of this section, may, nevertheless, apply for and receive accreditation by the Administration. The appropriate subparts of this part shall apply to persons accredited pursuant to this paragraph except insofar as exemptions may be granted. [§1919.1(c)]
[39 FR 22096, June 19, 1974, as amended at 65 FR 40951, June 30, 2000]
§1919.2
Definition of terms
(a) Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special-purpose floating structures not primarily designed for or used as a means of transportation on water.
(b) Except as otherwise noted, cargo gear, as used in subparts B through E of this part, includes that gear forming a part of a vessel's equipment which is used for the handling of cargo other than bulk liquids, but does not include gear which is used only for handling or holding hoses, handling ships' stores, or handling the gangway, or boom conveyor belt. [§1919.2(b)]
(c) With reference to equipment covered by this part — [§1919.2(c)]
(1) Derrick means:
(i) When applied to vessels' cargo handling gear, a mechanical device for lifting, including a boom which is suspended at its head by a topping lift from a mast, king post, or similar structure, controlled in the horizontal plane by vangs, and used either singly or in pairs with married falls; [§1919.2(c)(1)(i)]
(ii) When applied to shore-based material handling devices, a mechanical device intended for lifting, with or without a boom supported at its head by a topping lift from a mast, fixed A frame, or similar structure. The mast or equivalent member may or may not be supported by guys or braces. The boom, where fitted, may or may not be controlled in the horizontal plane by guys (vangs). The term includes shear legs. [§1919.2(c)(1)(ii)]
(2) Crane means a mechanical device, intended for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. A crane may be a fixed or mobile machine.
(3) Bulk cargo spout means a spout which may or may not be telescopic and may or may not have removable sections, but is suspended over the vessel from some overhead structure by wire rope or other means. Such a spout is often used with a
1.Jurisdiction of the U.S. Coast Guard extends to matters within the scope of title 52 of the Revised Statutes and Acts supplementary or amendatory thereto (46 U.S.C. 1-1388, passim); to matters within the regulatory authority of the U.S. Coast Guard under the provisions of the Espionage Act of June 15, 1917, as amended (40 Stat. 220; 50 U.S.C. 191 et seq.; 22 U.S.C. 401 et seq.) or to matters within the regulatory authority of the U.S. Coast Guard under section 4(e) of the Outer Continental Shelf Lands Act of Aug. 7, 1953 (67 Stat. 462; 43 U.S.C. 1333).
“thrower” or “trimming machine”. A grain loading spout is an example of those covered by this definition.
(4) Bulk cargo sucker means a pneumatic conveyor which utilizes a spoutlike device, which may be adjustable vertically and/or laterally, and which is suspended over a vessel from some overhead structure by wire rope or other means. An example of an installation of this nature is the “grain sucker” used to discharge grain from barges.
(d) Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or his authorized representative.
(e) Administration means the Occupational Safety and Health Administration, U.S. Department of Labor.
(f) Person includes any individual, partnership, corporation, agency, association, or organization.
(g) Competent person means:
(1) An individual qualified to perform gear certification functions with respect to vessels' cargo handling gear, as specifically set forth in §1919.37. [§1919.2(g)(1)]
(2) An individual qualified under the provisions of subparts F and G of this part to perform gear certification functions with respect to shore-based material handling devices. [§1919.2(g)(2)]
(h) Ton means a ton of 2,240 pounds when applied to vessels' cargo handling gear, and a ton of 2,000 pounds when applied to shorebased material handling devices or to shore-type cranes permanently mounted aboard barges or other vessels employed in domestic trade and designed on the basis of the 2,000-pound ton. Capacity ratings may be stated in pounds.
(i) Nondestructive examination means examination of structure or parts by electronic, ultrasonic, or other nondestructive examination suitable for the purpose.
Subpart B – Procedure Governing Accreditation
§1919.3
Application for accreditation
(a) Application. Any person seeking accreditation shall file an original and duplicate copy of an application for accreditation with the Assistant Secretary of Labor for Occupational Safety and Health, United States Department of Labor, Washington, D.C. 20210, on a form provided by the Administration for this purpose. Each application shall be signed and certified by the applicant and, if the applicant is an agency or organization, by a responsible officer of such agency or organization. [§1919.3(a)]
(b) Contents of application. The application form shall include the following information: [§1919.3(b)]
(1) A statement detailing the applicable types of work performed by the applicant in the past, noting the amount and extent of such work performed within the previous three years, listing representative vessels involved, and including representative job orders, if available, or equivalent evidence; [§1919.3(b)(1)]
(2) Descriptive details concerning any testing instruments and heat treatment furnaces which are to be used in conducting required tests or heat treatments. Test reports indicating that instruments meet the accuracy standards set forth in this part shall be included; [§1919.3(b)(2)]
(3) A list setting forth the ports in which applicant currently conducts his business as well as those in which he proposes to conduct gear certification activities; [§1919.3(b)(3)]
(4) A list of the applicant's responsible qualified personnel, both supervisory and managerial and including any surveyors, with resumes of their individual experience in the testing, examination, inspection and heat treatment of cargo gear. Such list shall include any branch office personnel or surveyors appointed to act in the applicant's behalf in any of the ports of the United States: Provided, however, That where the submission of individual resumes would be unduly burdensome because of the large number of persons engaged in the applicant's behalf, the applicant, after stating this fact, need only submit a list of its personnel together with a detailed statement of the qualifications upon which the appointment of surveyors is based; [§1919.3(b)(4)]
(5) A detailed schedule of the fees proposed to be charged for the various gear certification services; [§1919.3(b)(5)]
(6) Evidence of financial stability; [§1919.3(b)(6)]
(7) Names of at least three business references who will furnish information regarding work performed by applicant; [§1919.3(b)(7)]
(8) Any additional information the applicant deems to be pertinent. [§1919.3(b)(8)]
(Section 1919.3 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0003)
[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]
Part 1919 - Gear Certification
§1919.4
Action upon application
(a) Upon receipt of an application for accreditation, the Assistant Secretary shall approve or deny the application. The Assistant Secretary may conduct an investigation, which may include a hearing, prior to approving or denying an application. To the extent he deems appropriate, the Assistant Secretary may provide an opportunity to other interested persons to present data and views on the application prior to approval or denial. [§1919.4(a)]
(b) Any application which fails to present the information required by the prescribed form may be returned to the applicant with a notation of deficiencies and without prejudice to submission of a new or revised application. [§1919.4(b)]
(c) If the application is approved, notice of approval shall be mailed to the applicant. If the application is denied, notice of such denial shall be mailed to the applicant and such denial shall be without prejudice to any subsequent application except where such action is deemed to be in the public interest. In the event an application is denied with prejudice, the provisions of §1919.9 shall be applicable. [§1919.4(c)]
(d) A copy of the notice of accreditation shall be kept on file by applicant at the applicant's place of business. [§1919.4(d)]
§1919.5
Duration and renewal of accreditation
The period of accreditation shall not exceed three years. Applications for renewal of accreditation shall be made on the same form as described in §1919.3. No accreditation shall expire until action on an application for renewal shall have been finally determined, provided that such application has been properly executed in accordance with §1919.3 and filed with and received by the Assistant Secretary not less than 15 nor more than 60 days prior to the expiration date. A final determination means either the approval or initial denial of the application for renewal. The procedure specified in §1919.4 shall be applicable to all applications for renewal.
§1919.6
Criteria governing accreditation to certificate vessels' cargo gear
(a) (1) A person applying for accreditation to issue registers and pertinent certificates, to maintain registers and appropriate records, and to conduct initial, annual and quinquennial surveys, shall not be accredited unless that person is engaged in one or more of the following activities: [§1919.6(a)(1)]
(i) Classification of vessels; [§1919.6(a)(1)(i)]
(ii) Certification of vessels' cargo gear; [§1919.6(a)(1)(ii)]
(iii) Shipbuilding or ship repairing, or both insofar as related to work on vessels' cargo handling gear; [§1919.6(a)(1)(iii)]
(iv) Unit and loose gear testing of vessels' cargo handling gear. [§1919.6(a)(1)(iv)]
(2) Applicants for accreditation under paragraph (a)(1) of this section for operations in coastal or Great Lakes ports who come within paragraph (a)(1) (ii) or (iv) shall not be accredited unless they conduct at least 1,500 hours of cargo gear certification work per year. [§1919.6(a)(2)]
(b) A person applying for accreditation to carry out tests of loose gear or wire rope, or both, or to carry out heat treatments, and to issue the related certificates, shall be engaged in one or both of the following activities: [§1919.6(b)]
(1) Testing of loose gear or wire rope, or both; [§1919.6(b)(1)]
(2) Heat treatment of chains and loose cargo gear. [§1919.6(b)(2)]
(c) (1) A person applying for accreditation shall be staffed by individuals technically qualified to conduct the inspections and examinations and to conduct or supervise tests and heat treatments prescribed in this part. Any representatives, agents or surveyors acting on behalf of a person applying for accreditation in ports in which such operations are conducted shall be similarly qualified. [§1919.6(c)(1)]
(2) Accreditation to conduct such nondestructive examination as may be a part of any certification activity may be granted to applicants found competent and equipped to carry out this activity. [§1919.6(c)(2)]
(d) Except as noted in §1919.1(c), and unless exemptions are granted under §1919.10(h), a person applying for accreditation as specified in paragraph (a) of this section shall be prepared to carry out all of the requirements of subparts C, D, and E, of this part except that loose gear and wire rope tests and heat treatments may be carried out by the manufacturer of the gear concerned or by another person accredited specifically for this purpose.
[§1919.6(d)]
(e) A person applying for accreditation shall have a satisfactory record of performance, and shall be in sound financial condition. [§1919.6(e)]
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
§1919.7
Voluntary amendment or termination of accreditation
The accreditation of any person may be voluntarily amended or terminated upon written request filed with the Assistant Secretary.
§1919.8
Suspension or revocation of accreditation
The Assistant Secretary may suspend or revoke the accreditation of any person for cause. Except in cases of willfulness or cases in which the public interest requires otherwise, before any accreditation is suspended or revoked, facts or conduct which may warrant such action shall be called to the attention of the person involved in writing and that person shall be afforded an opportunity to achieve or demonstrate appropriate compliance.
§1919.9
Reconsideration and review
(a) Any person aggrieved by the action of the Assistant Secretary or his authorized representative in denying, granting, suspending or revoking an accreditation under this part may within 15 days after such action, (1) file a written request for reconsideration thereof by the Assistant Secretary or the authorized representative of the Assistant Secretary who made the decision in the first instance, or (2) file a written request for review of the decision by the Assistant Secretary or an authorized representative of the Assistant Secretary, who has taken no part in the action which is the subject for review. [§1919.9(a)]
(b) A request for reconsideration shall be granted where the applicant shows that there is additional evidence which may materially affect the decision and that there were reasonable grounds for failure to adduce such evidence in the original proceedings. [§1919.9(b)]
(c) Any person aggrieved by the action of the Assistant Secretary or authorized representative of the Assistant Secretary in denying a request for reconsideration may, within 15 days after the denial of such request, file with the Assistant Secretary or his authorized representative a written request for review. [§1919.9(c)]
(d) Any person aggrieved by the reconsidered determination of the Assistant Secretary or authorized representative of the Assistant Secretary, may within 15 days after such determination, file with the Assistant Secretary a written request for review. [§1919.9(d)]
(e) A request for review shall be granted where reasonable grounds for the review are set forth in the request. [§1919.9(e)]
(f) If a request for reconsideration or review is granted, all interested persons shall be afforded an opportunity to present their views. [§1919.9(f)]
(g) No cargo gear certification function shall be performed by any person seeking reconsideration or review under this section pending the final decision with respect to such reconsideration or review. [§1919.9(g)]
Subpart C – Duties of Persons Accredited To Certificate Vessels' Cargo Gear
§1919.10
General duties; exemptions
(a) Except as noted in §1919.1 and in paragraph (h) of this section, the requirements set forth in subparts D and E of this part shall be strictly adhered to in all testing, examinations, inspections, and heat treatments. [§1919.10(a)]
(b) Supervision of all testing, examinations, inspections, and heat treatments shall be carried out only by such persons as are listed in the application for accreditation, or subsequent supplements thereto, submitted pursuant to this part. [§1919.10(b)]
(c) The certificates issued by an accredited person shall be signed and all register entries made only by an authorized agent of such accredited person. No certification shall be issued until any deficiencies considered by the accredited person to constitute a currently unsatisfactory condition have been corrected. Replacement parts shall be of equal or better quality as original equipment and suitable for the purpose. In the event deficiencies remain uncorrected and no certification may therefore be issued, the accredited person shall inform the nearest District Office of the Administration of the circumstances. [§1919.10(c)]
(d) Dynamometers or other recording test equipment owned by an accredited person shall have been tested for accuracy within the six months next preceding application for accreditation or renewal of same. Such test shall be performed with calibrating equipment which has been checked in turn so that indications are traceable to the National Bureau of Standards. A copy of test reports shall accompany the application. Where test equipment is not the property of the accredited person, that person shall not issue any certificate based upon the use of such equipment unless its owner has made available a certificate of accuracy based on the requirements of this paragraph, obtained within 1 year prior to such use
Periodic tests, examinations and inspections
and stating the errors of the equipment. Reasonable standards of accuracy shall be met and proof loads adjusted as necessary.
[§1919.10(d)]
(e) An accredited person shall, upon request, provide the nearest local office of the Administration with advance information as to scheduled testing or of such other functions as are performed and facilitate the Administration's observation of any such activities as it may desire to witness: Provided, however, That tests need not be delayed, except when specifically requested by the Administration under unusual circumstances. [§1919.10(e)]
(f) All cargo gear registers or certificates issued by an accredited person shall be made on forms prescribed or approved by the Administration. [§1919.10(f)]
(g) Unless otherwise instructed by the Assistant Secretary in specific instances, any person accredited under §1919.6(a) shall accept certificates, relating to loose gear or wire rope tests or to heat treatments which are issued by the manufacturer of the gear concerned, by another person accredited specifically by the Assistant Secretary for this purpose, or by any other person whose certificates are acceptable to the Administration. Such certificates shall either be attached as a part of the vessel's certification or shall be used as the basis for the issuance of the accredited person's own loose gear, wire rope, or heat treatment certificates. In the latter case, the original certificates shall be kept on file by the accredited person as part of the permanent record of the vessel concerned. [§1919.10(g)]
(h) In case of practical difficulties or unnecessary hardships, the Assistant Secretary in his discretion may grant exemptions from any provision of subparts C, D, and E of this part. [§1919.10(h)]
§1919.11
Recordkeeping and related procedures concerning records in custody of accredited persons
(a) An accredited person shall maintain records of all work performed under subparts D and E of this part. [§1919.11(a)]
(b) An accredited person shall maintain a continuous record of the status of the certification of each vessel issued a register by such person. [§1919.11(b)]
(c) The records required in paragraphs (a) and (b) of this section shall be available for examination by the Assistant Secretary. [§1919.11(c)]
(d) When annual or quinquennial tests, inspections, examinations, or heat treatments are performed by an accredited person, other than the person who originally issued the vessel's register, such accredited person shall furnish copies of any certificates issued and information as to register entries to the person originally issuing the register. [§1919.11(d)]
(e) An accredited person shall inform the nearest local office of the Administration whenever a vessel is initially certificated under these regulations and a register in the prescribed form has been issued. [§1919.11(e)]
(f) A copy of each certificate relating to unit tests or thorough examinations, except those issued by the manufacturer and those issued by accredited persons outside of the United States, shall be sent to the nearest local office of the Administration within 10 days after issuance. Such records shall form a part of the Administration's file on the accredited person. [§1919.11(f)]
(g) An accredited person shall promptly notify the nearest local office of the Administration with respect to any changes in technical personnel, in fee schedules in geographical areas in which operations are conducted, or other pertinent substantial changes in its organization or operations. [§1919.11(g)]
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011] §1919.12
Recordkeeping and related procedures concerning records in custody of the vessel
(a) A fully completed and up-to-date register shall be kept in the form prescribed or approved by the Administration, giving the particulars required with respect to: [§1919.12(a)]
(1) The inspections and thorough examinations required by §1919.15(a) and (b). [§1919.12(a)(1)]
(2) The thorough examinations required by §1919.15(c). [§1919.12(a)(2)]
(3) The thorough examinations required by §1919.17. [§1919.12(a)(3)]
(4) The heat treatment required by §1919.16 (a) and (b), and §1919.19. [§1919.12(a)(4)]
(b) Certificates in the form prescribed or approved by the Administration shall be kept up-to-date, be attached to the register, and shall contain the particulars required with respect to: [§1919.12(b)]
(1) The testing and examinations required by §§1919.14, 1919.15(a), and 1919.19. [§1919.12(b)(1)]
(2) The heat treatment required by §§1919.16 and 1919.19. [§1919.12(b)(2)]
(c) The certificates and entries in the register shall be signed by a person qualified under §1919.37. [§1919.12(c)]
(d) Adequate means shall be provided to enable persons examining the register, or any certificate attached thereto, to identify items of cargo gear referred to therein. Small items of gear, such as shackles, shall bear a mark to indicate that they have been initially tested. [§1919.12(d)]
(e) Records shall be kept aboard vessels identifying wire rope or articles of loose gear obtained from time to time and required to be certificated under the regulations of this part. [§1919.12(e)]
(f) An accredited person shall instruct the vessel's officers, or the vessel's operator if the vessel is unmanned, that the vessel's register and certificates shall be preserved for at least 5 years after the date of the latest entry except in the case of nonrecurring test certificates concerning gear which is kept in use for a longer period, in which event the pertinent certificates shall be retained so long as that gear is continued in use. [§1919.12(f)]
(g) In cases where derricks, spouts, suckers, or cranes are mounted permanently aboard barges which remain in domestic inland waters service, the certification documentation shall comply with the provisions of §1919.90 of this part. [§1919.12(g)]
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
Subpart D – Certification of Vessels' Cargo Gear
§1919.13
General
(a) Except as noted in §1919.1 and as provided in exemptions under §1919.10(h), certification performed by accredited persons shall conform to the requirements contained in this subpart. [§1919.13(a)]
(b) Safe working loads assigned to assembled units of gear, shall be based on applicable design criteria acceptable to the accredited person. Where no design data on which to base a rating is obtainable, the safe working load ratings assigned shall be based on the owner's information and warranty that those so assigned are correct. Unit test certificates shall state the basis for any such safe working load assignment. [§1919.13(b)]
§1919.14
Initial tests of cargo gear and tests after alterations, renewals or repairs
(a) (1) Before being taken into use, hoisting machines, fixed gear aboard vessels accessory thereto, and loose gear and wire rope used in connection therewith shall be tested and examined and the safe working load thereof certified in the manner set forth in subpart E of this part. [§1919.14(a)(1)]
(2) Replacement or additional loose gear and wire rope obtained from time to time shall also be tested and examined in the manner set forth in paragraph (a)(1) of this section. However, the replacement of a component part of an article of loose gear such as a sheave, pin, or bushing does not require a new test certificate as long as the new component at least equals in all particulars the part replaced. [§1919.14(a)(2)]
(b) In the case of untested gear which has been in use, an initial test in conformance with paragraph (a)(1) of this section shall be carried out: Provided, however, That existing standing rigging and wire rope will not be required to be tested but shall be thoroughly examined to ascertain its fitness for continued use in conformance with the requirements of §§1919.24 and 1919.25. [§1919.14(b)]
(c) In the case of important alterations or renewals of the machinery and gear and also after repairs due to failure of or damage to other than loose components, a test as required in paragraph (a)(1) of this section shall be carried out. [§1919.14(c)]
(d) If the operation in which cargo gear is engaged never utilizes more than a fraction of the safe working load rating, the owner may, at his option, have said gear certificated for, and limited in operation to, a lesser maximum safe working load: Provided, however, That the gear concerned is physically capable of operation at the original load rating and the load reduction is not for the purpose of avoiding correction of any deficiency. [§1919.14(d)]
(e) In no case shall safe working loads be increased beyond the original design limitations unless such increase is based on engineering calculations by or acceptable to the accredited certification agency, and all necessary structural changes are carried out. [§1919.14(e)]
§1919.15
Periodic tests, examinations and inspections
After being taken into use, every hoisting machine, all fixed gear aboard vessels accessory thereto and loose gear used in connection therewith shall be tested, thoroughly examined or inspected as follows:
(a) Derricks with their winches and accessory gear, including the attachments, as a unit; and cranes and other hoisting machines
Part 1919 - Gear Certification
with their accessory gear, as a unit, shall be tested and thoroughly examined every 5 years in the manner set forth in subpart E of this part. [§1919.15(a)]
(b) Derricks, their permanent attachments and any other fixed gear, the dismantling of which is especially difficult, shall be visually inspected every twelve months. In order to facilitate such inspection, all derricks shall be lowered. [§1919.15(b)]
(c) All hoisting machines (e.g., cranes, winches, blocks, shackles, and all other accessory gear) not included in paragraph (b) of this section shall be thoroughly examined every 12 months by means of a visual examination, supplemented as necessary by other means, such as a hammer test or with electronic, ultrasonic, or other nondestructive methods, carried out as carefully as conditions permit in order to arrive at a reliable conclusion as to the safety of the parts examined. Particular attention shall be paid to the suitability for continued use of all swivels and the pins and bushings of blocks. If necessary, parts of the machines or gear shall be dismantled. If blocks are disassembled, all shell bolt nuts shall be securely locked upon reassembly. [§1919.15(c)]
(d) Where a derrick or crane is mounted on a barge hull, and ballast tanks within the hull are used to facilitate use of the derrick or crane, or uncontrolled free surface may be a factor, each annual inspection or examination, as required, shall include such inspection as is necessary for the purpose of determining the integrity of any internals contributing to stability under conditions of use. The owner shall provide the accredited person with necessary information on any ballasting arrangements required. [§1919.15(d)]
(e) Annual inspection or examination, as required, shall include, among other things, examination of the following: [§1919.15(e)]
(1) Derrick heel attachment points. Heel pins may, if possible, be examined by nondestructive examination. [§1919.15(e)(1)]
(2) Shrouds and stays necessary in the use of the gear, together with attachment points. [§1919.15(e)(2)]
(3) Deck fittings for the securing of vangs, topping lifts, and/or preventers. [§1919.15(e)(3)]
(4) Means of attachment to the hull of “A” frame or other fixed derrick or crane structure and of mobile types of equipment permanently placed aboard the barge or vessel. [§1919.15(e)(4)]
(5) Clamshell buckets or other similar equipment, such as magnets, etc., used in conjunction with a derrick or crane mounted aboard a vessel, with particular attention to closing line wires and sheaves. The accredited person may supplement such examination by requesting any operational tests he may deem appropriate. [§1919.15(e)(5)]
(6) Winch and other operating drums for excessive wear or defect. [§1919.15(e)(6)]
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
§1919.16
Heat treatment
(a) All chains (other than bridle chains attached to derricks or masts), rings, hooks, shackles, and swivels made of wrought iron, which are used in hoisting or lowering, shall be annealed in accordance with §1919.36 at the following intervals: [§1919.16(a)]
(1) Half-inch and smaller chains, rings, hooks, shackles and swivels in general use, at least once every six months; and [§1919.16(a)(1)]
(2) All other chains, rings, hooks, shackles, and swivels in general use, at least once every twelve months. [§1919.16(a)(2)]
(3) In the case of gear used solely on lifting machinery worked by hand, twelve months shall be substituted for six months in paragraph (a)(1) of this section and two years for twelve months in paragraph (a)(2) of this section. [§1919.16(a)(3)]
(4) When used in this paragraph, the term “in general use” means used on fifty-two or more days in a year. In any case, however, the period between annealings shall not exceed two years.
[§1919.16(a)(4)]
(b) Chains, rings, hooks, shackles, and swivels made of material other than wrought iron or steel shall be heat treated when necessary in accordance with §1919.36(b). [§1919.16(b)]
§1919.17
Exemptions from heat treatment
Gear made of steel, or gear which contains (as in ball bearings swivels), or is permanently attached to (as with blocks) equipment made of materials which cannot be subjected to heat treatment shall be exempt from the requirements of §1919.16. Such gear, however, shall be thoroughly examined in the manner described in §1919.15(c).
§1919.18
Grace periods
Grace periods allowed in connection with the requirements of this subpart are as follows:
(a) Annual or six-month requirements — by the end of the voyage during which they become due; [§1919.18(a)]
(b) Quinquennial requirements — within six months after the date when due; [§1919.18(b)]
(c) Grace periods shall not be deemed to extend subsequent due dates. [§1919.18(c)]
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
§1919.19
Gear requiring welding
Chains or other gear which have been lengthened, altered or repaired by welding shall be properly heat treated where necessary, and, before again being put into use, shall be tested and reexamined in the manner set forth in subpart E of this part.
§1919.20
Damaged
components
(a) Pursuant to §1918.51(b) of this chapter, any derrick or associated permanent fitting which is deformed in service between surveys shall be subjected to proof test to determine its suitability for continued service. If a proof test indicates that the derrick or associated permanent fitting may be continued in service without repair, a note of the existing deformity shall be made on the test certificate. When, in the opinion of the accredited person, it is unsafe to conduct a proof test with an existing deformity, the derrick or associated permanent fitting shall be replaced or repaired and then subjected to proof test in accordance with subpart E of this part. [§1919.20(a)]
(b) Any loose gear components which are injured or deformed by a proof load shall be replaced before a certificate is issued. [§1919.20(b)]
(c) Any derrick, other fixed installation, or associated permanent fitting which is injured or deformed by a proof load shall be replaced or repaired and another proof load test shall be conducted without damage before a certificate is issued. [§1919.20(c)]
§1919.21
Marking and posting of safe working loads
(a) The safe working load of the assembled gear and the minimum angle to the horizontal at which this load may be applied shall be plainly marked at the heels of all booms along with the date of the test. Where gear is certificated for use in union purchase, the union purchase safe working load shall also be plainly marked. Any limitations shall be noted in the vessel's papers. [§1919.21(a)]
(b) The safe working load shall be marked on all blocks used in hoisting or lowering. [§1919.21(b)]
(c) When the capacity of the boom of a crane or derrick has been or will be rated in accordance with the variance of its radius, the maximum safe working loads for the various working angles of the boom and the maximum and minimum radii at which the boom may be safely used shall be conspicuously posted near the controls and visible to the crane operator. Ratings may be stated in pounds. When they are stated in tons of 2,000 pounds, this fact shall be indicated. [§1919.21(c)]
§1919.22
Requirements governing braking devices and power sources
All types of winches and cranes shall be provided with means to stop and hold the proof load in any position, and the efficiency of such means shall be demonstrated. Electric winches, electrohydraulic winches fitted with electromagnetic or hydraulic brakes at the winch, or electric cranes shall be equipped so that a failure of the electric power shall stop the motion and set the brakes without any action on the part of the operator. Current for operation of electric winches and cranes during the tests shall be taken from the vessel's circuits. Shore current may be used if it passes through the vessel's main switchboard.
§1919.23
Means of derrick attachment
Appropriate measures shall be taken to prevent the foot of a derrick from being accidentally lifted from its socket or support during the test.
§1919.24
Limitations on use of wire rope
(a) An eye splice made in any wire rope shall have at least three tucks with a whole strand of rope and two tucks with one-half of the wires cut out of each strand. However, this requirement shall not operate to preclude the use of another form of splice or connection which can be shown to be as efficient and which is not prohibited by part 1918 of this chapter. [§1919.24(a)]
(b) Except for eye splices in the ends of wires, each wire rope used in hoisting or lowering, in guying derricks, or as a topping lift, preventer or pendant shall consist of one continuous piece without knot or splice. [§1919.24(b)]
(c) Eyes in the ends of wire rope cargo falls shall not be formed by knots and, in single part falls, shall not be formed by wire rope clips. [§1919.24(c)]
(d) The ends of falls shall be secured to the winch drums by clamps, U-bolts, shackles or some other equally strong method. Fiber rope fastenings shall not be used. [§1919.24(d)]
(e) Wire rope shall not be used for the vessel's cargo gear if in any length of eight diameters, the total number of visible broken wires exceeds 10 percent of the total number of wires, or if the rope shows other signs of excessive wear, corrosion, or defect. Particular attention shall be given to the condition of those sections of wire rope adjacent to any terminal connections, those sections exposed to abnormal wear, and those sections not normally exposed for examination. [§1919.24(e)]
§1919.25
Limitations on use of chains
Chains forming a part of vessel's cargo gear shall not be used when, due to stretch, the increase of length of a measured section exceeds five percent, when a link is damaged, or when other external defects are evident. Chains shall not be shortened by bolting, wiring, or knotting.
Subpart E – Certification of Vessels: Tests and Proof Loads; Heat Treatment; Competent Persons
§1919.26
Visual inspection before tests
Before any test under this subpart E is carried out, a visual inspection of the gear involved shall be conducted and any visibly defective gear shall be replaced or repaired. The provisions of §1919.15(d) shall be adhered to.
§1919.27
Unit proof tests — winches, derricks and gear accessory thereto
(a) Winches, with the whole of the gear accessory thereto (including derricks, goosenecks, eye plates, eye bolts, or other attachments), shall be tested with a proof load which shall exceed the safe working load as follows: [§1919.27(a)]
agency, with the recognition that such determinations are valid only for the conditions contemplated in the analysis. [§1919.27(g)(1)]
(2) Where both guys and preventers are fitted, union purchase certification shall state whether the guy or the preventer is the working strength member, when the guy is for slewing only, and when the guy and preventer should share working loads as far as practicable. [§1919.27(g)(2)]
(h) When necessary in the proof testing of heavy derricks, the appropriate shrouds and stays shall be rigged. [§1919.27(h)]
§1919.28
Unit proof tests — cranes and gear accessory thereto
(a) Except as noted in paragraph (e) of this section, cranes and other hoisting machines, together with gear accessory thereto, shall be tested with a proof load which shall exceed the safe working load as follows: [§1919.28(a)]
(b) The proof load shall be lifted with the vessel's normal tackle with the derrick at an angle not more than 15 degrees to the horizontal, or, at the designed minimum angle when this is greater, or, when this is impracticable, at the lowest practicable angle. The angle at which the test was made shall be stated in the certificate of test. After the proof load has been lifted, it shall be swung as far as possible in both directions. In applying the proof load, the design factors of the gear concerned will determine whether the load is applied with a single part fall or with a purchase and the certificate of test shall state the means used. Where winches are fitted with mechanical brakes for manual operation they shall be demonstrated to be in satisfactory operating condition. [§1919.27(b)]
(c) In the case of heavy lift derrick barges, proof loads shall be applied, except as limited by design and stability considerations, at the maximum and minimum radii for which designed, as well as at any intermediate radius which the surveyor may deem necessary, and shall be swung as far as possible in both directions. Data with respect to each proof load applied shall be entered in the test certificate. [§1919.27(c)]
(d) No items of cargo gear furnished by outside sources shall be used as a part of the vessel's gear for the purpose of accomplishing the proof test. [§1919.27(d)]
(e) All tests prescribed by this section should in general be carried out by dead load, except that in the case of quadrennial tests, replacements, or renewals, spring or hydraulic balances may be used where dead loads are not reasonably available. However, no exception shall be allowed in the case of gear on new vessels. [§1919.27(e)]
(f) The test shall not be regarded as satisfactory unless the indicator remains constant under the proof load for a period of at least 5 minutes. [§1919.27(f)]
(g) (1) The safe working load, determined pursuant to the requirements of this section, shall be applicable only to a swinging derrick. When using two fixed derricks in “union purchase” rigs, the safe working load should generally be reduced. It is recommended that owners obtain union purchase safe working load certification based upon design study and analysis by, or acceptable to, a qualified technical office of an accredited gear certification
(b) The proof load shall be lifted and swung as far as possible in both directions. If the jib or boom of the crane has a variable radius, it shall be tested with proof loads, as specified in paragraph (a) of this section, at the maximum and minimum radii. In the case of hydraulic cranes, when due to the limitation of pressure it is impossible to lift a load 25 percent in excess of the safe working load, it will be sufficient to lift the greatest possible load.
[§1919.28(b)]
(c) Initial proof tests of new cranes shall be made only with a dead load as specified in paragraph (b) of this section. [§1919.28(c)]
(d) Initial tests of cranes which have been in service, quadrennial tests, or tests associated with replacements or renewals, may be made with spring or hydraulic balances where dead loads are not reasonably available under the following conditions: [§1919.28(d)]
(1) Tests shall be conducted at maximum, minimum, and intermediate radius points, as well as such points in the arc of rotation as meet with the approval of the accredited person.
[§1919.28(d)(1)]
(2) An additional test shall be conducted with partial load and shall include all functions and movements contemplated in the use of the crane. [§1919.28(d)(2)]
(e) In cases where shore-type cranes are mounted permanently aboard barges, the requirements of this Subpart E with respect to unit proof tests and examinations shall not apply and the applicable requirements of Subpart H of this part shall be adhered to with respect to unit proof tests and examinations. [§1919.28(e)]
§1919.29
Limitations on safe working loads and proof loads
The proof loads specified by §§1919.27 and 1919.28 shall be adjusted as necessary to meet any pertinent limitations based on stability and/or on structural competence at particular radii. Safe working loads shall be reduced accordingly.
§1919.30
Examinations subsequent to unit tests
(a) After satisfactory completion of the unit proof load tests required by §§1919.27 and 1919.28, the cargo gear and all component parts thereof shall be given a thorough visual examination, supplemented as necessary by other means, such as a hammer test or with electronic, ultrasonic, or other nondestructive methods, to determine if any of the parts were damaged, deformed, or otherwise rendered unsafe for further use. [§1919.30(a)]
(b) When the test of gear referred to in paragraph (a) of this section is being conducted for the first time on a vessel, accessory gear shall be dismantled or disassembled for examination after the test. The sheaves and pins of the blocks included in this test need not be removed unless there is evidence of deformation or failure.
[§1919.30(b)]
(c) For subsequent tests such parts of the gear shall be dismantled or disassembled after the test as necessary to determine their suitability for continued service. [§1919.30(c)]
(d) When blocks are disassembled all shell bolt nuts shall be securely locked upon reassembly. [§1919.30(d)]
(e) In carrying out the requirements of this section, replacement shall be required of: [§1919.30(e)]
(1) Any swivel found to have excessive tolerance as a result of wear on any bearing surface. [§1919.30(e)(1)]
Safe working load
Proof load
Up to 20 tons25 percent in excess.
20-50 tons 5 tons in excess.
Over 50 tons10 percent in excess.
Safe working load
Proof load
Up to 20 tons25 percent in excess. 20-50 tons 5 tons in excess. Over 50 tons10 percent in excess.
§1919.31
Part 1919 - Gear Certification
(2) Pins of blocks found to be shouldered, notched, or grooved from wear, in which case, in addition to replacing the pin, sheave bushings shall be examined for suitability for continued use.
[§1919.30(e)(2)]
§1919.31
Proof tests — loose gear
(a) Chains, rings, shackles and other loose gear (whether accessory to a machine or not) shall be tested with a proof load against the article equal to that shown in the following table: [§1919.31(a)]
Article of gear
Proof load
Chain, ring, hook, shackle or swivel100 percent in excess of the safe working load.
Blocks:
Single sheave block 300 percent in excess of the safe working load.1
Multiple sheave block with safe working load up to and including 20 tons 100 percent in excess of the safe working load.
Multiple sheave block with safe working load over 20 tons up to and including 40 tons 20 tons in excess of the safe working load.
Multiple sheave block with safe working load over 40 tons 50 percent in excess of the safe working load.
Pitched chains used with handoperated blocks and rings, hooks, shackles or swivels permanently attached thereto 50 percent in excess of the safe working load.
Hand-operated blocks used with pitched chains and rings, hooks, shackles or swivels permanently attached thereto 50 percent in excess of the safe working load.
1The proof load applied to the block is equivalent to twice the maximum resultant load on the eye of pin of the block when lifting the nominal safe working load defined in (i) below. The proof load is, therefore, equal to four times the safe working load as defined in (i) below or twice the safe working load as defined in (ii) below.
(i) The nominal safe working load of a single-sheave block should be the maximum load which can be safely lifted by the block when the load is attached to a rope which passes around the sheave of the block.
(ii) In the case of a single-sheave block where the load is attached directly to the block instead of to a rope passing around the sheave, it is permissible to lift a load equal to twice the nominal safe working load of the block as defined in (i) above.
(iii) In the case of a lead block so situated that an acute angle cannot be formed by the two parts of the rope passing over it (i.e., the angle is always 90° or more), the block need not have a greater nominal safe working load than one-half the maximum resultant load which can be placed upon it.
(b) In cases where persons accredited to carry out loose gear tests may be retained to conduct tests of special stevedoring gear as described in §1918.61(b) of this chapter, which does not form part of a vessel's equipment, such tests shall adhere to the requirements set forth in §1918.61(b) (1), (2), and (3) of this chapter.
[§1919.31(b)]
(c) After being tested as required by paragraph (a) of this section, and before being taken into use, all chains, rings, hooks, shackles, blocks or other loose gear, except as noted in §1919.32, shall be thoroughly examined, the sheaves and pins of the blocks being removed for this purpose, to determine whether any part has been injured or permanently deformed by the test. Shell bolt nuts shall be securely locked upon reassembly. Defective loose gear components shall be replaced before the certificate is issued.
[§1919.31(c)]
(d) Any certificate relating to shackles, swivels or strength members of single-sheave blocks which have been restored to original dimensions by welding shall state this fact. [§1919.31(d)]
§1919.32
Specially designed blocks and components
(a) Blocks and connecting components of an unusual nature which are specially designed and constructed as an integral part of a particular lifting unit and are either permanently affixed or of such design that two or more components must be tested together need not be considered as loose gear for purposes of §1919.31.
[§1919.32(a)]
(b) In lieu of the loose gear proof test required by §1919.31(a), design data shall be submitted to an accredited certification agency indicating design and material specifications and analysis whereby the designed strength of such gear may be determined. [§1919.32(b)]
(c) Subsequent to the test of the lifting unit as a whole, a thorough visual examination shall be made of disassembled parts and an electronic, ultrasonic, or other equally efficient nondestructive examination shall be made of those parts not dismantled to ensure the safe condition of such parts. [§1919.32(c)]
§1919.33
Proof tests — wire rope
Wire rope, except as provided in §1919.14(b), shall be tested by sample, a piece being tested to destruction, and the safe working load of running ropes, unless otherwise acceptable to the Administration on the basis of design, shall not exceed one-fifth of the breaking load of the sample tested. In the case of running ropes used in gear with a safe working load exceeding 10 tons, the safe working load shall not exceed one-fourth of the breaking load of the sample tested.
§1919.34
Proof tests after repairs or alterations
When proof loads are applied after repairs or alterations, all parts of the assembled gear shall be examined as required in §§1919.30, 1919.31(c), or 1919.32(c), whichever is applicable.
§1919.35
Order of tests
When both unit and loose gear proof load tests are required, the loose gear test may be carried out after completion of the unit test.
§1919.36
Heat treatment
(a) The annealing of wrought iron gear required by this part shall be accomplished at a temperature between 1100° and 1200 °F. and the exposure shall be of between 30 and 60 minutes duration. After being annealed, the gear shall be allowed to cool slowly and shall then be carefully inspected. All annealing shall be carried out in a closed furnace. [§1919.36(a)]
(b) When heat treatment of loose gear made of other than wrought iron or steel is recommended by the manufacturer, it shall be carried out in accordance with the specifications of the manufacturer. [§1919.36(b)]
§1919.37
Competent persons
All gear certification functions shall be performed by competent persons as set forth in the following table:
Functions Competent person
Any testing, examination, inspection, or heat treatment required in United States ports
Any testing, examination, inspection, or heat treatment required while the vessel is in other than United States ports
Testing, examination and inspection of loose gear or wire rope; heat treatment of loose gear
Responsible individual, surveyor or other authorized agent of a person accredited by the Administration under the regulations contained in this part.
Responsible individual, surveyor or other authorized agent of persons recognized by the Commandant of the United States Coast Guard or by a foreign nation whose certification is accepted by the Administration as being in substantial accordance with §1918.12(a) of this chapter.
Employees or authorized agents of persons accredited specifically by the Administration for this purpose under the regulations contained in this part, or the manufacturer of the gear concerned unless disapproved by the Assistant Secretary.
Subpart F – Accreditation To Certificate Shore-Based Equipment
§1919.50
Eligibility for accreditation to certificate shore-based material handling devices covered by §1917.50 of this chapter, safety and health regulations for marine terminals
(a) A person applying for accreditation to carry out certification activities and to issue and maintain the requisite records must be: [§1919.50(a)]
(1) A manufacturer of cranes or derricks or of specialized equipment of the type for which accreditation application is made, or a person or organization representing such a manufacturer in a technical capacity; or [§1919.50(a)(1)]
(2) Technically experienced and qualified to carry out examinations and/or testing, as applicable, of vessels or shore-based equipment or gear of the type for which accreditation application is made. [§1919.50(a)(2)]
(b) The owner of shore-based equipment affected may designate a member of his organization to carry out certification functions respecting the owner's equipment, on the following conditions: [§1919.50(b)]
(1) The designee is technically experienced and qualified in the inspection and maintenance or design of the type of equipment involved, aside from employment as an operator only.
[§1919.50(b)(1)]
(2) The designee has applied to an accredited, nationally operating certification agency and has been granted appointment or equivalent recognition by that agency as a surveyor for the purpose intended. [§1919.50(b)(2)]
(3) Certification activities carried out by the designee are cleared through the offices, and are subject to the approval, of the accredited certificating agency. When equipment is found satisfactory for use upon any survey, said equipment may be used pending receipt of notification of such approval or any disapproval. [§1919.50(b)(3)]
(4) In cases where equipment is certificated by a person designated by the equipment owner, the cognizant accredited certification agency retains the right to inspect such equipment as desired and convenient in order to ascertain the adequacy of the certification activity performed. [§1919.50(b)(4)]
(c) Accreditation to conduct such nondestructive examination as may be a part of any certification activity may be granted to applicants found competent and equipped to carry out this activity. [§1919.50(c)]
(d) Unless exemptions are granted at the discretion of the Assistant Secretary in cases of practical difficulties or unnecessary hardship, applicants for accreditation as specified in this section shall be prepared to carry out all necessary functions, except that any requisite wire rope tests, nondestructive examinations, and heat treatments may be carried out by the manufacturer of the gear concerned or by another person accredited specifically for these purposes. [§1919.50(d)]
(e) A person applying for accreditation shall have a satisfactory record of relevant experience and performance, and shall be in sound financial condition. [§1919.50(e)]
§1919.51
Provisions respecting application for accreditation, action upon the application, and related matters
The provisions of §§1919.3, 1919.4, 1919.5, 1919.7, 1919.8, and 1919.9 shall govern accreditation to certificate shore-based material handling devices to the extent applicable.
(Section 1919.51 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0003)
[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]
Subpart G – Duties of Persons Accredited To Certificate Shore-Based Material Handling Devices
§1919.60
General duties, exemptions
(a) The requirements of subpart H of this part shall be strictly observed: Provided, however, That in cases of practical difficulties or unnecessary hardship, the Assistant Secretary in his discretion may grant exemptions or variations from any provision in that subpart. [§1919.60(a)]
(b) Except as otherwise noted in this part, all functions required by subpart H of this part shall be carried out by or under the supervision of a person accredited for the purpose or by his authorized representative. [§1919.60(b)]
(c) All required unit proof load tests shall be carried out by the use of weights as a dead load. Only where this is not possible may dynamometers or other recording test equipment be used. Any such recording test equipment owned by an accredited person shall have been tested for accuracy within the 6 months next preceding application for accreditation or renewal thereof. Such test shall be performed with calibrating equipment which has been checked in turn so that indications are traceable to the National Bureau of Standards. A copy of test reports shall accompany the accreditation application. Where test equipment is not the property of the accredited person, that person shall not issue any certificate based upon the use of such equipment unless its owner has made available a certificate of accuracy based on the requirements of this paragraph obtained within the year prior to such use, and stating the errors of the equipment. In any event, reasonable standards of accuracy shall be met and proof loads adjusted as necessary. [§1919.60(c)]
(d) The qualifications of any person appointed or recognized by any accredited person for the purpose of carrying out certification functions shall meet with the approval of the Assistant Secretary. [§1919.60(d)]
(e) Sections 1919.10(e) and (g) and 1919.11 shall govern, to the extent applicable, persons accredited under subpart F of this part. [§1919.60(e)]
Subpart H – Certification of Shore-Based Material Handling Devices
§1919.70
General provisions
(a) Certification of shore-based material handling devices shall conform to the requirements contained in this subpart, except in cases for which exemptions or variations have been granted by the Assistant Secretary as provided in §§1919.50(d) and 1919.60(a). [§1919.70(a)]
(b) Any replacements or repairs deemed necessary by the accredited person shall be carried out before application of a proof test.
[§1919.70(b)]
(c) Ton in this subpart means a ton of 2,000 pounds. [§1919.70(c)]
(d) When applied to shore-based material handling devices, ratings may be stated in pounds rather than tons. When stated in tons of 2,000 pounds, this fact shall be indicated. [§1919.70(d)]
§1919.71
Unit proof test and examination of cranes
(a) Unit proof tests of cranes shall be carried out at the following times: [§1919.71(a)]
(1) In the cases of new cranes, before initial use and every 4 years thereafter. [§1919.71(a)(1)]
(2) In the cases of uncertificated cranes which have been in use, at the time of initial certification and every 4 years thereafter. [§1919.71(a)(2)]
(3) After important alterations and renewals and after repairs due to failure of, or damage to major components. [§1919.71(a)(3)]
(b) Unit proof load tests of cranes shall be carried out where applicable with the boom in the least stable direction relative to the mounting, based on the manufacturer's specifications. [§1919.71(b)]
(c) Unit proof load tests shall be based on the manufacturer's load ratings for the conditions of use and shall, except in the case of bridge type cranes utilizing a trolley, consist of application of a proof load of 10 percent in excess of the load ratings at maximum and minimum radii, and at such intermediate radii as the certificating authority may deem necessary in the circumstances.2 Trolley equipped cranes shall be subject to a proof load of 25 percent in excess of the manufacturer's load rating. In cases of foreign manufacture, the manufacturer's specifications shall be subject to approval by the certificating authority as being equivalent to U.S. practice. The weight of all auxiliary handling devices such as, but not limited to, magnets, hooks, slings, and clamshell buckets, shall be considered part of the load. [§1919.71(c)]
(d) An examination shall be carried out in conjunction with each unit proof load test. The accredited person, or his authorized representative, shall make a determination as to correction of deficiencies found. The examination shall cover the following points as applicable: [§1919.71(d)]
(1) All functional operating mechanisms shall be examined for improper function, maladjustment, and excessive component wear, with particular attention to sheaves, pins, and drums. The examination shall include operation with partial load, in which all functions and movements, including, where applicable, maximum possible rotation in both directions, are performed. [§1919.71(d)(1)]
(2) All safety devices shall be examined for malfunction.
[§1919.71(d)(2)]
(3) Lines, tanks, valves, drains, pumps, and other parts of air or hydraulic systems shall be examined for deterioration or leakage. [§1919.71(d)(3)]
(4) Loose gear components, such as hooks, including wire rope and wire rope terminals and connections, shall be checked with particular attention to sections of wire rope exposed to abnormal wear and to sections not normally exposed for examination. The provisions of §1919.24 shall apply in wire rope examinations. Cracked or deformed hooks shall be discarded and not reused on any equipment subject to the provisions of part 1918 of this chapter and this part 1919.
[§1919.71(d)(4)]
(5) Rope reeving shall comply with manufacturer's recommendations. [§1919.71(d)(5)]
2.The manufacturer's load ratings are usually based upon percentage of tipping loads under some conditions and upon limitations of structural competence at others, as well as on other criteria such as type of crane mounting, whether or not outriggers are used, etc. Some cranes utilizing a trolley may have only one load rating assigned and applicable at any outreach. It is important that the manufacturer's ratings be used.
Part 1919 - Gear Certification
(6) Deformed, cracked, or excessively corroded members in crane structure and boom shall be repaired or replaced as necessary. [§1919.71(d)(6)]
(7) Loose bolts, rivets, or other connections shall be corrected. [§1919.71(d)(7)]
(8) Worn, cracked, or distorted parts affecting safe operation shall be corrected. [§1919.71(d)(8)]
(9) Brake and clutch system parts, linings, pawls, and ratchets shall be examined for excessive wear and free operation.
[§1919.71(d)(9)]
(10) Load, boom angle, or other indicators shall be checked over their full range for any significant inaccuracy. A boom angle or radius indicator shall be fitted. [§1919.71(d)(10)]
(11) It shall be ascertained that there is a durable rating chart visible to the operator, covering the complete range of the manufacturer's capacity ratings at all operating radii, for all permissible boom lengths and jib lengths, with alternate ratings for optional equipment affecting such ratings. Necessary precautions or warnings shall be included. Operating controls shall be marked or an explanation of controls shall be posted at the operator's position to indicate function. [§1919.71(d)(11)]
(12) Where used, clamshell buckets or other similar equipment such as magnets, etc., shall be carefully examined in all respects, with particular attention to closing line wires and sheaves. The accredited person may supplement such examination by requesting any operational tests as may be appropriate. [§1919.71(d)(12)]
(13) Careful examination of the junction areas of removable boom sections, particularly for proper seating, cracks, deformities, or other defects in securing bolts and in the vicinity of such bolts. [§1919.71(d)(13)]
(14) It shall be ascertained that no counterweights in excess of the manufacturer's specifications are fitted. [§1919.71(d)(14)]
(15) Such other examination or supplemental functional tests shall be made as may be deemed necessary by the accredited person under the circumstances. [§1919.71(d)(15)]
§1919.72
Annual examination of cranes
(a) In any year in which no quadrennial unit proof test is required, an examination shall be carried out by an accredited person or his authorized representative. Such examination shall be made not later than the anniversary date of the quadrennial certification and shall conform with the requirements of §1919.71(d). [§1919.72(a)]
§1919.73
Unit proof test and examination of derricks
(a) Unit proof tests of derricks shall be carried out at the same times as are specified in §1919.71(a) for cranes. [§1919.73(a)]
(b) Unit proof load tests and safe working load ratings shall be based on the design load ratings at the ranges of boom angles or operating radii. Unit proof loads shall exceed the safe working load as follows: [§1919.73(b)]
Proof loads shall be applied at the designed maximum and minimum boom angles or radii, or, if this is impracticable, as close to these as practicable. The angles or radii of test shall be stated in the certificate of test. Proof loads shall be swung as far as possible in both directions. The weight of all auxiliary handling devices shall be considered a part of the load.
(c) After satisfactory completion of a unit proof load test, the derrick and all component parts thereof shall be carefully examined in accordance with the requirements of §1919.71(d), as far as applicable. [§1919.73(c)]
§1919.74
Annual examination of derricks
(a) In any year in which no quadrennial unit proof test is required, an examination shall be carried out by an accredited person or his authorized representative. Such annual examination shall be made not later than the anniversary date of the quadrennial certification and shall conform in all applicable respect with §1919.71(d). [§1919.74(a)]
§1919.75
Determination of crane or derrick safe working loads and limitations in absence of manufacturer's data
(a) In the event neither manufacturer's data nor design data on safe working loads (including any applicable limitations) are obtainable, the safe working load ratings assigned shall be based on the owner's information and warranty that those so assigned are correct. Unit test certificates shall state the basis for any such safe working load assignment. [§1919.75(a)]
§1919.76
Safe working load reduction
(a) If the operation in which equipment is engaged never utilizes more than a fraction of the safe working load rating, the owner of such equipment may, at his option, have the crane or derrick certificated for and operated at a lesser maximum safe working load in keeping with the use and based on radius and other pertinent factors: Provided, however, That the equipment concerned is physically capable of operation at the original load rating and the load reduction is not for the purpose of avoiding correction of any deficiency. [§1919.76(a)]
§1919.77
Safe working load increase
(a) In no case shall safe working loads be increased beyond the manufacturer's ratings or original design limitations unless such increase meets with the manufacturer's approval. Where the manufacturer's services are not available, or where the equipment is of foreign manufacture, engineering design analysis by, or acceptable to, the accredited certification agency is required. All necessary structural changes shall be carried out. [§1919.77(a)]
§1919.78
Nondestructive examinations
(a) Wherever it is considered necessary by the accredited person or his authorized representative and wherever it is practical and advisable to avoid disassembly of equipment, removal of pins, etc., examination of structure or parts by electronic, ultrasonic, or other nondestructive methods may be carried out, provided that the procedure followed is acceptable to the Assistant Secretary and the person carrying out such examination is accredited or acceptable to the Assistant Secretary for the purpose. [§1919.78(a)]
§1919.79
Wire rope
(a) Wire rope and replacement wire rope shall be of the same size, same or better grade, and same construction as originally furnished by the equipment manufacturer or contemplated in the design, unless otherwise recommended by the equipment or the wire rope manufacturer due to actual working condition requirements. In the absence of specific requirements as noted, wire rope shall be of a size and construction suitable for the purpose, and a safety factor of 4 shall be adhered to, and verified by wire rope test certificate. [§1919.79(a)]
(b) Wire rope in use on equipment previously constructed and prior to initial certification of said equipment shall not be required to be tested, but shall be subject to thorough examination at the time of initial certification of the equipment. [§1919.79(b)]
§1919.80
Heat treatment
(a) Wherever heat treatment of any loose gear is recommended by the manufacturer, it shall be carried out in accordance with the specifications of the manufacturer. [§1919.80(a)]
§1919.81
Examination of bulk cargo loading or discharging spouts or suckers
(a) Those portions of bulk cargo loading or discharging spouts or suckers which extend over vessels, together with any portable extensions, rigging components, outriggers, and attachment points supporting them or any of their components vertically, shall be examined annually. The examination shall be carried out with particular attention to the condition of wire rope and accessories. The equipment shall not be considered satisfactory unless, in the opinion of the accredited person or his authorized representative, it is deemed fit to serve its intended function. [§1919.81(a)]
§1919.90
Documentation
(a) Documents issued respecting a certification function by an accredited person shall be on forms approved for such use by the Assistant Secretary and shall so state. [§1919.90(a)]
(b) Such documents shall be issued by the accredited person to the owners of affected equipment, attesting to satisfactory compliance with applicable requirements. The forms used shall contain the following information: [§1919.90(b)]
(1) Unit proof tests where required — [§1919.90(b)(1)]
(i) Identification of crane or derrick including manufacturer, model number, serial number, and ownership. [§1919.90(b)(1)(i)]
(ii) Basis for assignment of safe worksigned (i.e., whether based on manufacturing load ratings, with the ratings asturer's ratings, whether for any specific service, etc.).
[§1919.90(b)(1)(ii)]
(iii) Proof test details noting radii and proof loads, how applied, and, where applicable, direction relative to mounting. [§1919.90(b)(1)(iii)]
(iv) A statement that the test and associated examination were conducted and all applicable requirements of this subpart are met. [§1919.90(b)(1)(iv)]
(v) Any necessary remarks or supplementary data, including limitations imposed and the reason thereof. [§1919.90(b)(1)(v)]
(vi) Name of accredited person and identification of authorized representative actually conducting test and/or examination. [§1919.90(b)(1)(vi)]
(vii) Authorized signature of accredited person; date and place of test and/or examination. [§1919.90(b)(1)(vii)]
(2) Annual examination of cranes or derricks — [§1919.90(b)(2)]
(i) Information specified in paragraphs (b)(1) (i), (v), (vi), and (vii) of this section. [§1919.90(b)(2)(i)]
(ii) A statement that the required examination has been carried out and that, in the opinion of the accredited person or his authorized representative, the equipment has been found in compliance in all applicable respects with the requirements of this subpart. [§1919.90(b)(2)(ii)]
(3) Annual examination of bulk cargo loading or discharging spouts or suckers — [§1919.90(b)(3)]
(i) Specific identification of equipment. [§1919.90(b)(3)(i)]
(ii) A statement that examination has been completed and that, in the opinion of the accredited person or his authorized representative, the equipment meets the criteria of §1919.81(a). [§1919.90(b)(3)(ii)]
(iii) Information specified in paragraphs (b)(1) (v), (vi), and (vii) of this section. [§1919.90(b)(3)(iii)]
(c) Certificates relating to wire rope, whether tested by or under the supervision of the accredited person or by its manufacturer and whether or not issued on the basis of the manufacturer's certificates, shall follow the general format of a wire rope test form approved by the Administration. [§1919.90(c)]
(d) Accredited persons shall advise owners of affected equipment of the necessity for maintaining required documentation or acceptable copies thereof available for inspection at or near the worksite of the equipment involved. [§1919.90(d)]
(1) Where initial and periodic tests as well as annual examinations are required, documentation available for inspection shall include the latest unit test certificate and any subsequent annual examination certificates, together with wire rope test certificates relating to any replacements since the last unit test or annual examination. [§1919.90(d)(1)]
(2) Where only annual examination is required, documentation available for inspection shall include the latest annual examination certificate and wire rope test certificates relating to any wire replaced since the last annual examination. [§1919.90(d)(2)]
(3) In the event that the heat treatment of any loose gear is recommended by its manufacturer, the latest heat treatment certificate, attesting to compliance with the manufacturer's specifications, shall be part of the available documentation.
[§1919.90(d)(3)]
(e) No certification shall be issued until any deficiencies considered by the accredited person to constitute a currently unsatisfactory condition have been corrected. Replacement parts shall be of equal or better quality than original equipment and suitable for the purpose. In the event deficiencies remain uncorrected and no certification therefore is issued, the accredited person shall inform the nearest district office of the Administration of the circumstances.
[§1919.90(e)]
(Section 1919.90 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0003)
[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]
HARBOR WORKERS' COMPENSATION ACT
§<br>1920.1 Purpose.<br>1920.2 Variances.
Authority: §41, Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941); sec. 6, Occupational Safety and Health Act of 1970 (29 U.S.C. 655).
Part 1920 - Procedure for Variations from Safety and Health Regulations
Part 1920 – Procedure For Variations From Safety And Health Regulations Under The Longshoremen's And Harbor Workers' Compensation Act
Authority: §41, Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941); sec. 6, Occupational Safety and Health Act of 1970 (29 U.S.C. 655).
§1920.1
Purpose
This part governs the procedure for the granting of variations from the safety and health regulations established pursuant to section 41 of the Longshoremen's and Harbor Workers' Compensation Act. The part provides the same procedures under this Act as are available for considering variances under the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).[§1920.1]
[37 FR 10800, May 31, 1972]
§1920.2 Variances
(a) Variances from standards in parts 1915 through 1918 of this chapter may be granted in the same circumstances in which variances may be granted under sections 6(b) (6)(A) or 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The procedures for the granting of variances from Parts 1915-1918 of this chapter are those published in Part 1905 of this chapter. [§1920.2(a)]
(b) Any requests for variances shall also be considered requests for variances under the Williams-Steiger Occupational Safety and Health Act of 1970, and any variance from §§1910.13 through 1910.16 of this chapter which adopt parts 1915-1918 of this chapter, shall be deemed a variance from the standard under both the Longshoremen's and Harbor Workers' Compensation Act and the Williams-Steiger Occupational Safety and Health Act of 1970. [§1920.2(b)]
[37 FR 10800, May 31, 1972]
§1920.2 Part 1920 – Procedure For Variations From Safety And Health Regulations
Notes
Selected 1910 General Industry Standards
Selected 1910 General Industry Standards
§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 or material to be listed, labeled or accepted, the NRTL has the capability (including proper testing equipment and facilities, trained staff, written testing procedures, and calibration and quality control programs) to perform:
(i) Testing and examining of equipment and materials for workplace safety purposes to determine conformance with appropriate test standards; or
(ii) Experimental testing and examining of equipment and materials for workplace safety purposes to determine conformance with appropriate test standards or performance in a specified manner.
(2) The NRTL shall provide, to the extent needed for the particular equipment or materials listed, labeled, or accepted, the following controls or services:
(i) Implements control procedures for identifying the listed and labeled equipment or materials;
(ii) Inspects the run of production of such items at factories for product evaluation purposes to assure conformance with the test standards; and
(iii) Conducts field inspections to monitor and to assure the proper use of its identifying mark or labels on products;
(3) The NRTL is completely independent of employers subject to the tested equipment requirements, and of any manufacturers or vendors of equipment or materials being tested for these purposes; and,
(4) The NRTL maintains effective procedures for:
(i) Producing creditable findings or reports that are objective and without bias; and
(ii) Handling complaints and disputes under a fair and reasonable system.
(c) Test standards. An appropriate test standard referred to in §1910.7(b)(1)(i) and (ii) is a document which specifies the safety requirements for specific equipment or class of equipment and is: [§1910.7(c)]
(1) Recognized in the United States as a safety standard providing an adequate level of safety, and [§1910.7(c)(1)]
(2) Compatible with and maintained current with periodic revisions of applicable national codes and installation standards, and [§1910.7(c)(2)]
(3) Developed by a standards developing organization under a method providing for input and consideration of views of industry groups, experts, users, consumers, governmental authorities, and others having broad experience in the safety field involved, or [§1910.7(c)(3)]
(4) In lieu of paragraphs (c)(1), (2), and (3), the standard is currently designated as an American National Standards Institute (ANSI) safety-designated product standard or an American Society for Testing and Materials (ASTM) test standard used for evaluation of products or materials. [§1910.7(c)(4)]
(d) Alternative test standard. If a testing laboratory desires to use a test standard other than one allowed under paragraph (c) of this section, then the Assistant Secretary of Labor shall evaluate the proposed standard to determine that it provides an adequate level of safety before it is used. [§1910.7(d)]
(e) Implementation. A testing organization desiring recognition by OSHA as an NRTL shall request that OSHA evaluate its testing and control programs against the requirements in this section for any equipment or material it may specify. The recognition procedure shall be conducted in accordance with appendix A to this section. [§1910.7(e)]
(f) Fees. [§1910.7(f)]
(1) Each applicant for NRTL recognition and each NRTL must pay fees for services provided by OSHA in advance of the provision of those services. OSHA will assess fees for the following services: [§1910.7(f)(1)]
(i) Processing of applications for initial recognition, expansion of recognition, or renewal of recognition, including on-site reviews; review and evaluation of the applications; and preparation of reports, evaluations and Federal Register notices; and [§1910.7(f)(1)(i)]
(ii) Audits of sites. [§1910.7(f)(1)(ii)]
(2) The fee schedule established by OSHA reflects the full cost of performing the activities for each service listed in paragraph (f)(1) of this section. OSHA calculates the fees based on either the average or actual time required to perform the work necessary; the staff costs per hour (which include wages, fringe benefits, and expenses other than travel for personnel that perform or administer the activities covered by the fees); and the average or actual costs for travel when on-site reviews are involved. The formula for the fee calculation is as follows: [§1910.7(f)(2)]
Activity Fee = [Average (or Actual) Hours to Complete the Activity × Staff Costs per Hour] + Average (or Actual) Travel Costs
(3) (i) OSHA will review the full costs periodically and will propose a revised fee schedule, if warranted. In its review, OSHA will apply the formula established in paragraph (f)(2) of this section to the current estimated full costs for the NRTL Program. If a change is warranted, OSHA will follow the implementation shown in paragraph (f)(4) of this section. [§1910.7(f)(3)(i)] (ii) OSHA will publish all fee schedules in the Federal Register. Once published, a fee schedule remains in effect until it is superseded by a new fee schedule. Any member of the public may request a change to the fees included in the current fee schedule. Such a request must include appropriate documentation in support of the suggested change. OSHA will consider such requests during its annual review of the fee schedule.
[§1910.7(f)(3)(ii)]
(4) OSHA will implement periodic review, and fee assessment, collection, and payment, as follows: [§1910.7(f)(4)]
Milestones/Dates
When review completed
Action required
I. Periodic Review of Fee Schedule
OSHA will publish any proposed new fee schedule in the Federal Register if OSHA determines that costs warrant changes in the fee schedule.
Fifteen days after publicationComments due on the proposed new fee schedule.
When OSHA approves the fee schedule
Time of application
Before assessment performed
OSHA will publish the final fee schedule in the Federal Register, making the fee schedule effective on a specific date.
II. Application Processing Fees
Applicant must pay the applicable fees in the fee schedule that are due when submitting an application; OSHA will not begin processing the application until it receives the fees.
Applicant must pay the estimated staff time and travel costs for its assessment based on the fees in effect at the time of the assessment. Applicant also must pay the fees for the final report and Federal Register notice, and other applicable fees, as specified in the fee schedule. OSHA may cancel an application if the applicant does not pay these fees, or any balance of these fees, when due.
III. Audit Fees
Before audit performed
On due date
Thirty days after due date or, if earlier, date NRTL refuses to pay
NRTL must pay the estimated staff time and travel costs for its audit based on the fees in effect at the time of the audit. NRTL also must pay other applicable fees, as specified in the fee schedule. After the audit, OSHA adjusts the audit fees to account for the actual costs for travel and staff time.
NRTL must pay the estimated audit fees, or any balance due, by the due date established by OSHA; OSHA will assess a late fee if NRTL does not pay audit fees (or any balance of fees due) by the due date. OSHA may still perform the audit when an NRTL does not pay the fees or does not pay them on time.
OSHA will begin processing a notice for publication in the Federal Register announcing its plan to revoke recognition for NRTLs that do not pay the estimated audit fees and any balance of audit fees due.
Note: For the purposes of 29 CFR 1910.7(f)(4), “days” means “calendar days,” and “applicant” means “the NRTL” or “an applicant for NRTL recognition (5) OSHA will provide details about how to pay the fees through appropriate OSHA Program Directives, which will be available on the OSHA web site. [§1910.7(f)(5)]
§1910.7 Appendix A
OSHA Recognition Process for Nationally Recognized Testing Laboratories
OSHA Recognition Process for Nationally Recognized Testing
Introduction
This appendix provides requirements and criteria which OSHA will use to evaluate and recognize a Nationally Recognized Testing Laboratory (NRTL). This process will include the evaluation of the product evaluation
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
and control programs being operated by the NRTL, as well as the NRTL's testing facilities being used in its program. In the evaluation of the NRTLs, OSHA will use either consensus-based standards currently in use nationally, or other standards or criteria which may be considered appropriate. This appendix implements the definition of NRTL in 29 CFR 1910.7 which sets out the criteria that a laboratory must meet to be recognized by OSHA (initially and on a continuing basis). The appendix is broader in scope, providing procedures for renewal, expansion and revocation of OSHA recognition. Except as otherwise provided, the burden is on the applicant to establish by a preponderance of the evidence that it is entitled to recognition as an NRTL. If further detailing of these requirements and criteria will assist the NRTLs or OSHA in this activity, this detailing will be done through appropriate OSHA Program Directives.
I. Procedures for Initial OSHA Recognition.
A. Applications.
1. Eligibility.
a. Any testing agency or organization considering itself to meet the definition of nationally recognized testing laboratory as specified in §1910.7 may apply for OSHA recognition as an NRTL.
b. However, in determining eligibility for a foreign-based testing agency or organization, OSHA shall take into consideration the policy of the foreign government regarding both the acceptance in that country of testing data, equipment acceptances, and listings, and labeling, which are provided through nationally recognized testing laboratories recognized by the Assistant Secretary, and the accessibility to government recognition or a similar system in that country by U.S.-based safety-related testing agencies, whether recognized by the Assistant Secretary or not, if such recognition or a similar system is required by that country.
2. Content of application.
a. The applicant shall provide sufficient information and detail demonstrating that it meets the requirements set forth in §1910.7, in order for an informed decision concerning recognition to be made by the Assistant Secretary.
b. The applicant also shall identify the scope of the NRTL-related activity for which the applicant wishes to be recognized. This will include identifying the testing methods it will use to test or judge the specific equipment and materials for which recognition is being requested, unless such test methods are already specified in the test standard. If requested to do so by OSHA, the applicant shall provide documentation of the efficacy of these testing methods.
c. The applicant may include whatever enclosures, attachments, or exhibits the applicant deems appropriate. The application need not be submitted on a Federal form.
3. Filing office location. The application shall be filed with: NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
4. Amendments and withdrawals.
a. An application may be revised by an applicant at any time prior to the completion of activity under paragraph I.B.4. of this appendix.
b. An application may be withdrawn by an applicant, without prejudice, at any time prior to the final decision by the Assistant Secretary in paragraph I.B.7.c. of this appendix.
B. Review and Decision Process; Issuance or Renewal.
1. Acceptance and on-site review.
a. Applications submitted by eligible testing agencies will be accepted by OSHA, and their receipt acknowledged in writing. After receipt of an application, OSHA may request additional information if it believes information relevant to the requirements for recognition has been omitted.
b. OSHA shall, as necessary, conduct an on-site review of the testing facilities of the applicant, as well as the applicant's administrative and technical practices, and, if necessary, review any additional documentation underlying the application.
c. These on-site reviews will be conducted by qualified individuals technically expert in these matters, including, as appropriate, non-Federal consultants/contractors acceptable to OSHA. The protocol for each review will be based on appropriate national consensus standards or international guides, with such additions, changes, or deletions as may be considered necessary and appropriate in each case by OSHA. A written report shall be made of each on-site review and a copy shall be provided to the applicant.
2. Positive finding by staff. If, after review of the application, and additional information, and the on-site review report, the applicant appears to have met the requirements for recognition, a written recommendation shall be submitted by the responsible OSHA personnel to the Assistant Secretary that the application be approved, accompanied by a supporting explanation.
3. Negative finding by staff.
a. Notification to applicant. If, after review of the application, any additional information and the on-site review report, the applicant does not appear to have met the requirements for recognition, the responsible OSHA personnel shall notify the applicant in writing, listing the specific requirements of §1910.7 and this appendix which the applicant has not met, and allow a reasonable period for response.
b. Revision of application.
[i] After receipt of a notification of negative finding (i.e., for intended disapproval of the application), and within the response period provided, the applicant may:
[a] Submit a revised application for further review, which could result in a positive finding by the responsible OSHA personnel pursuant to subsection I.B.2. of this appendix; or
[b] Request that the original application be submitted to the Assistant Secretary with an attached statement of reasons, supplied by the applicant of why the application should be approved.
[ii] This procedure for applicant notification and potential revision shall be used only once during each recognition process.
4. Preliminary finding by Assistant Secretary.
a. The Assistant Secretary, or a special designee for this purpose, will make a preliminary finding as to whether the applicant has or has not met the requirements for recognition, based on the completed application file, the written staff recommendation, and the statement of reasons supplied by the applicant if there remains a staff recommendation of disapproval.
b. Notification of this preliminary finding will be sent to the applicant and subsequently published in the Federal Register.
c. This preliminary finding shall not be considered an official decision by the Assistant Secretary or OSHA, and does not confer any change in status or any interim or temporary recognition for the applicant.
5. Public review and comment period
a. The Federal Register notice of preliminary finding will provide a period of not less than 30 calendar days for written comments on the applicant's fulfillment of the requirements for recognition. The application, supporting documents, staff recommendation, statement of applicant's reasons, and any comments received, will be available for public inspection in the OSHA Docket Office.
b. Any member of the public, including the applicant, may supply detailed reasons and evidence supporting or challenging the sufficiency of the applicant's having met the requirements of the definition in 29 CFR §1910.7 and this appendix. Submission of pertinent documents and exhibits shall be made in writing by the close of the comment period.
6. Action after public comment
a. Final decision by Assistant Secretary. Where the public review and comment record supports the Assistant Secretary's preliminary finding concerning the application, i.e., absent any serious objections or substantive claims contrary to the preliminary finding having been received in writing from the public during the comment period, the Assistant Secretary will proceed to final written decision on the application. The reasons supporting this decision shall be derived from the evidence available as a result of the full application, the supporting documentation, the staff finding, and the written comments and evidence presented during the public review and comment period.
b. Public announcement. A copy of the Assistant Secretary's final decision will be provided to the applicant. Subsequently, a notification of the final decision shall be published in the Federal Register. The publication date will be the effective date of the recognition.
c. Review of final decision. There will be no further review activity available within the Department of Labor from the final decision of the Assistant Secretary.
7. Action after public objection.
a. Review of negative information. At the discretion of the Assistant Secretary or his designee, OSHA may authorize Federal or contract personnel to initiate a special review of any information provided in the public comment record which appears to require resolution, before a final decision can be made.
b. Supplementation of record. The contents and results of special reviews will be made part of this record by the Assistant Secretary by either:
[i] Reopening the written comment period for public comments on these reviews; or
[ii] Convening an informal hearing to accept public comments on these reviews, conducted under applicable OSHA procedures for similar hearings.
C.
c. Final decision by the Assistant Secretary. The Assistant Secretary shall issue a decision as to whether it has been demonstrated, based on a preponderance of the evidence, that the applicant meets the requirements for recognition. The reasons supporting this decision shall be derived from the evidence available as a result of the full application, the supporting documentation, the staff finding, the comments and evidence presented during the public review and comment period, and written to transcribed evidence received during any subsequent reopening of the written comment period or informal public hearing held.
d. Public announcement. A copy of the Assistant Secretary's final decision will be provided to the applicant, and a notification will be published in the Federal Register subsequently announcing the decision.
e. Review of final decision. There will be no further review activity available within the Department of Labor from the final decision of the Assistant Secretary.
Terms and Conditions of Recognition
1. The following terms and conditions shall be part of every recognition:
C. Renewal of OSHA recognition.
1. Eligibility. A recognized NRTL may renew its recognition by filing a renewal request at the address in paragraph I.A.3. of this appendix not less than nine months, nor more than one year, before the expiration date of its current recognition.
2. Procedure.
a. OSHA will process the renewal request in accordance with subsection I.B. of this appendix, except that the period for written comments, specified in paragraph 5.a of subsection I.B. of this appendix, will be not less than 15 calendar days.
b. In that process, OSHA may determine not to conduct the onsite reviews in I.B.1.a. where appropriate.
c. When a recognized NRTL has filed a timely and sufficient renewal request, its current recognition will not expire until a final decision has been made by OSHA on the request.
d. After the first renewal has been granted to the NRTL, the NRTL shall apply for a continuation of its recognition status every five years by submitting a renewal request. In lieu of submitting a renewal request after the initial renewal, the NRTL may certify its continuing compliance with the terms of its letter of recognition and 29 CFR 1910.7.
a. Letter of recognition. The recognition by OSHA of any NRTL will be evidenced by a letter of recognition from OSHA. The letter will provide the specific details of the scope of the OSHA recognition, including the specific equipment or materials for which OSHA recognition has been granted, as well as any specific conditions imposed by OSHA.
b. Period of recognition. The recognition by OSHA of each NRTL will be valid for five years, unless terminated before the expiration of the period. The dates of the period of recognition will be stated in the recognition letter.
c. Constancy in operations. The recognized NRTL shall continue to satisfy all the requirements or limitations in the letter of recognition during the period of recognition.
d. Accurate publicity. The OSHA-recognized NRTL shall not engage in or permit others to engage in misrepresentation of the scope or conditions of its recognition.
2. [Reserved]
II.Supplementary Procedures.
A. Test standard changes.
A recognized NRTL may change a testing standard or elements incorporated in the standard such as testing methods or passfail criteria by notifying the Assistant Secretary of the change, certifying that the revised standard will be at least as effective as the prior standard, and providing the supporting data upon which its conclusions are based. The NRTL need not inform the Assistant Secretary of minor deviations from a test standard such as the use of new instrumentation that is more accurate or sensitive than originally called for in the standard. The NRTL also need not inform the Assistant Secretary of its adoption of revisions to third-party testing standards meeting the requirements of §1910.7(c)(4), if such revisions have been developed by the standards developing organization, or of its adoption of revisions to other third-party test standards which the developing organization has submitted to OSHA. If, upon review, the Assistant Secretary or his designee determines that the proposed revised standard is not "substantially equivalent” to the previous version with regard to the level of safety obtained, OSHA will not accept the proposed testing standard by the recognized NRTL, and will initiate discontinuance of that aspect of OSHA-recognized activity by the NRTL by modification of the official letter of recognition. OSHA will publicly announce this action and the NRTL will be required to communicate this OSHA decision directly to affected manufacturers.
B. Expansion of current recognition.
1. Eligibility. A recognized NRTL may apply to OSHA for an expansion of its current recognition to cover other categories of NRTL testing in addition to those included in the current recognition.
2. Procedure.
a. OSHA will act upon and process the application for expansion in accordance with subsection I.B. of this appendix, except that the period for written comments, specified in paragraph 5.a of subsection I.B. of this appendix, will be not less than 15 calendar days.
b. In that process, OSHA may decide not to conduct an on-site review, where the substantive scope of the request to expand recognition is closely related to the current area of recognition.
c. The expiration date for each expansion of recognition shall coincide with the expiration date of the current basic recognition period.
3. Alternative procedure. After the initial recognition and before the expiration thereof, OSHA may (for good cause) determine that there is a sufficient basis to dispense with the renewal requirement for a given laboratory and will so notify the laboratory of such a determination in writing. In lieu of submitting a renewal request, any laboratory so notified shall certify its continuing compliance with the terms of its letter of recognition and 29 CFR 1910.7.
D. Voluntary termination of recognition.
At any time, a recognized NRTL may voluntarily terminate its recognition, either in its entirety or with respect to any area covered in its recognition, by giving written notice to OSHA. The written notice shall state the date as of which the termination is to take effect. The Assistant Secretary shall inform the public of any voluntary termination by Federal Register notice.
E. Revocation of recognition by OSHA.
1. Potential causes. If an NRTL either has failed to continue to substantially satisfy the requirements of §1910.7 or this appendix, or has not been reasonably performing the NRTL testing requirements encompassed within its letter of recognition, or has materially misrepresented itself in its applications or misrepresented the scope or conditions of its recognition, the Assistant Secretary may revoke the recognition of a recognized NRTL, in whole or in part. OSHA may initiate revocation procedures on the basis of information provided by any interested person.
2. Procedure.
a. Before proposing to revoke recognition, the Agency will notify the recognized NRTL in writing, giving it the opportunity to rebut or correct the alleged deficiencies which would form the basis of the proposed revocation, within a reasonable period.
b. If the alleged deficiencies are not corrected or reconciled within a reasonable period, OSHA will propose, in writing to the recognized NRTL, to revoke recognition. If deemed appropriate, no other announcement need be made by OSHA.
c. The revocation shall be effective in 60 days unless within that period the recognized NRTL corrects the deficiencies or requests a hearing in writing.
d. If a hearing is requested, it shall be held before an administrative law judge of the Department of Labor pursuant to the rules specified in 29 CFR part 1905, subpart C.
e. The parties shall be OSHA and the recognized NRTL. The Assistant Secretary may allow other interested persons to participate in these hearings if such participation would contribute to the resolution of issues germane to the proceeding and not cause undue delay.
f. The burden of proof shall be on OSHA to demonstrate by a preponderance of the evidence that the recognition should be revoked because the NRTL is not meeting the requirements for recognition, has not been reasonably performing the product testing functions as required by §1910.7, this appendix A, or the letter of recognition, or has materially misrepresented itself in its applications or publicity.
3. Final decision.
a. After the hearing, the Administrative Law Judge shall issue a decision stating the reasons based on the record as to whether it has been demonstrated, based on a preponderance of evidence, that the applicant does not continue to meet the requirements for its current recognition.
b. Upon issuance of the decision, any party to the hearing may file exceptions within 20 days pursuant to 29 CFR 1905.28. If no exceptions are filed, this decision is the final decision of the Assistant Secretary. If objections are filed, the Administrative
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
Law Judge shall forward the decision, exceptions and record to the Assistant Secretary for the final decision on the proposed revocation.
c. The Assistant Secretary will review the record, the decision by the Administrative Law Judge, and the exceptions filed. Based on this, the Assistant Secretary shall issue the final decision as to whether it has been demonstrated, by a preponderance of evidence, that the recognized NRTL has not continued to meet the requirements for OSHA recognition. If the Assistant Secretary finds that the NRTL does not meet the NRTL recognition requirements, the recognition will be revoked.
4. Public announcement. A copy of the Assistant Secretary's final decision will be provided to the applicant, and a notification will be published in the Federal Register announcing the decision, and the availability of the complete record of this proceeding at OSHA. The effective date of any revocation will be the date the final decision copy is sent to the NRTL.
5. Review of final decision. There will be no further review activity available within the Department of Labor from the final decision of the Assistant Secretary.
[53 FR 12120, Apr. 12, 1988; 53 FR 16838, May 11, 1988, as amended at 54 FR 24333, June 7, 1989; 65 FR 46818, 46819, July 31, 2000; 76 FR 10515, Feb. 25, 2011]
§1910.9
Compliance duties owed to each employee
(a) Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation. [§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)]
[73 FR 75583, Dec. 12, 2008]
§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. Section 1910.1017 shall apply to the exposure of every employee to vinyl chloride in every employment and place of employment covered by §1910.12, §1910.13, §1910.14, §1910.15, or §1910.16, in lieu of any different standard on exposure to vinyl chloride which would otherwise be applicable by virtue of any of those sections. [1910.19(b)]
(c) Acrylonitrile. Section 1910.1045 shall apply to the exposure of every employee to acrylonitrile in every employment and place of employment covered by §1910.12, §1910.13, §1910.14, §1910.15, or §1910.16, in lieu of any different standard on exposure to acrylonitrile which would otherwise be applicable by virtue of any of those sections. [1910.19(c)]
(d) [Reserved] [1910.19(d)]
(e) Inorganic arsenic. Section 1910.1018 shall apply to the exposure of every employee to inorganic arsenic in every employment covered by §1910.12, §1910.13, §1910.14, §1910.15, or §1910.16, in lieu of any different standard on exposure to inorganic arsenic which would otherwise be applicable by virtue of any of those sections. [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. Section 1910.1047 shall apply to the exposure of every employee to ethylene oxide in every employment and place of employment covered by §1910.12, §1910.13, §1910.14, §1910.15, or §1910.16, in lieu of any different standard on
exposure to ethylene oxide which would otherwise be applicable by virtue of those sections. [1910.19(h)]
(i) 4,4'-Methylenedianiline (MDA). Section 1910.1050 shall apply to the exposure of every employee to MDA in every employment and place of employment covered by §1910.13, §1910.14, §1910.15, or §1910.16, in lieu of any different standard on exposure to MDA which would otherwise be applicable by virtue of those sections. [1910.19(i)]
(j) Formaldehyde. Section 1910.1048 shall apply to the exposure of every employee to formaldehyde in every employment and place of employment covered by §1910.12, §1910.13, §1910.14, §1910.15 or §1910.16 in lieu of any different standard on exposure to formaldehyde which would otherwise be applicable by virtue of those sections. [1910.19(j)]
(k) Cadmium. Section 1910.1027 shall apply to the exposure of every employee to cadmium in every employment and place of employment covered by §1910.16 in lieu of any different standard on exposures to cadmium that would otherwise be applicable by virtue of those sections. [1910.19(k)]
(l) 1,3-Butadiene (BD). Section 1910.1051 shall apply to the exposure of every employee to BD in every employment and place of employment covered by §1910.12, §1910.13, §1910.14, §1910.15, or §1910.16, in lieu of any different standard on exposure to BD which would otherwise be applicable by virtue of those sections. [1910.19(l)]
(m) Methylene chloride (MC). Section 1910.1052 shall apply to the exposure of every employee to MC in every employment and place of employment covered by §1910.16 in lieu of any different standard on exposure to MC which would otherwise be applicable by virtue of that section when it is not present in sealed, intact containers. [1910.19(m)]
[43 FR 28473, June 30, 1978, as amended at 43 FR 45809, Oct. 3, 1978; 43 FR 53007, Nov. 14, 1978; 44 FR 5447, Jan. 26, 1979; 46 FR 32022, June 19, 1981; 49 FR 25796, June 22, 1984; 50 FR 51173, Dec. 13, 1985; 52 FR 46291, Dec. 4, 1987; 57 FR 35666, Aug. 10, 1992; 57 FR 42388, Sept. 14, 1992; 59 FR 41057, Aug. 10, 1994; 61 FR 56831, Nov. 4, 1996; 62 FR 1600, Jan. 10, 1997]
§1910.134
Respiratory protection
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.
Respiratory protection
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 respirators 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)]
(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
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.134
Selected 1910 General Industry Standards
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
1.
3.
Table 1 — Assigned Protection Factors5 (continued)
4. Self-Contained Breathing Apparatus (SCBA)
• Demand mode 10 50 50
• Pressure-demand or other positivepressure mode (e.g., open/ closed circuit) 10,00010,000
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). [1910.134(d)(3)(i)[B]]
[1] The employer must select a respirator for employee use that maintains the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the MUC. [1910.134(d)(3)(i)[B][1]]
[2] Employers must not apply MUCs to conditions that are immediately dangerous to life or health (IDLH); instead, they must use respirators listed for IDLH conditions in paragraph (d)(2) of this standard.
[1910.134(d)(3)(i)[B][2]]
[3] When the calculated MUC exceeds the IDLH level for a hazardous substance, or the performance limits of the cartridge or canister, then employers must set the maximum MUC at that lower limit.
[1910.134(d)(3)(i)[B][3]]
(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-of-service-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]]
Respiratory protection
Table I — Assigned Protection Factors [Reserved] Table II
Less than 3,00116.0-19.5
3,001-4,000 16.4-19.5
4,001-5,00017.1-19.5
5,001-6,000 17.8-19.5
6,001-7,00018.5-19.5
7,001-8,0001 19.3-19.5.
1Above 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; or [1910.134(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)]
(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 tightfitting 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 airpurifying respirators that must achieve a fit factor of 100 or less. [1910.134(f)(6)]
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.134
Selected 1910 General Industry Standards
(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-to-facepiece 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)]
(2) Continuing respirator effectiveness. [1910.134(g)(2)]
(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)]
(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. For all IDLH atmospheres, the employer shall ensure that: [1910.134(g)(3)]
(i) One employee or, when needed, more than one employee is located outside the IDLH atmosphere; [1910.134(g)(3)(i)]
(ii) Visual, voice, or signal line communication is maintained between the employee(s) in the IDLH atmosphere and the employee(s) located outside the IDLH atmosphere; [1910.134(g)(3)(ii)]
(iii) The employee(s) located outside the IDLH atmosphere are trained and equipped to provide effective emergency rescue; [1910.134(g)(3)(iii)]
(iv) The employer or designee is notified before the employee(s) located outside the IDLH atmosphere enter the IDLH atmosphere to provide emergency rescue; [1910.134(g)(3)(iv)]
(v) The employer or designee authorized to do so by the employer, once notified, provides necessary assistance appropriate to the situation; [1910.134(g)(3)(v)]
(vi) Employee(s) located outside the IDLH atmospheres are equipped with: [1910.134(g)(3)(vi)]
[A] Pressure demand or other positive pressure SCBAs, or a pressure demand or other positive pressure suppliedair respirator with auxiliary SCBA; and either [1910.134(g)(3)(vi)[A]]
[B] Appropriate retrieval equipment for removing the employee(s) who enter(s) these hazardous atmospheres where retrieval equipment would contribute to the rescue of the employee(s) and would not increase the overall risk resulting from entry; or [1910.134(g)(3)(vi)[B]]
[C] Equivalent means for rescue where retrieval equipment is not required under paragraph (g)(3)(vi)(B). [1910.134(g)(3)(vi)[C]]
(4) Procedures for interior structural firefighting. In addition to the requirements set forth under paragraph (g)(3), in interior structural fires, the employer shall ensure that: [1910.134(g)(4)]
(i) At least two employees enter the IDLH atmosphere and remain in visual or voice contact with one another at all times; [1910.134(g)(4)(i)]
(ii) At least two employees are located outside the IDLH atmosphere; and [1910.134(g)(4)(ii)]
(iii) All employees engaged in interior structural firefighting use SCBAs. [1910.134(g)(4)(iii)]
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 B-2 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]]
Respiratory protection
(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. The employer shall ensure that respirators that fail an inspection or are otherwise found to be defective are removed from service, and are discarded or repaired or adjusted in accordance with the following procedures: [1910.134(h)(4)]
(i) Repairs or adjustments to respirators are to be made only by persons appropriately trained to perform such operations and shall use only the respirator manufacturer's NIOSHapproved parts designed for the respirator; [1910.134(h)(4)(i)]
(ii) Repairs shall be made according to the manufacturer's recommendations and specifications for the type and extent of repairs to be performed; and [1910.134(h)(4)(ii)]
(iii) Reducing and admission valves, regulators, and alarms shall be adjusted or repaired only by the manufacturer or a technician trained by the manufacturer. [1910.134(h)(4)(iii)]
(i) Breathing air quality and use. This paragraph requires the employer to provide employees using atmosphere-supplying respirators (supplied-air and SCBA) with breathing gases of high purity. [1910.134(i)]
(1) The employer shall ensure that compressed air, compressed oxygen, liquid air, and liquid oxygen used for respiration accords with the following specifications: [1910.134(i)(1)]
(i) Compressed and liquid oxygen shall meet the United States Pharmacopoeia requirements for medical or breathing oxygen; and [1910.134(i)(1)(i)]
(ii) Compressed breathing air shall meet at least the requirements for Grade D breathing air described in ANSI/Compressed Gas Association Commodity Specification for Air, G-7.1-1989, to include: [1910.134(i)(1)(ii)]
[A] Oxygen content (v/v) of 19.5-23.5%; [1910.134(i)(1)(ii)[A]]
[B] Hydrocarbon (condensed) content of 5 milligrams per cubic meter of air or less; [1910.134(i)(1)(ii)[B]]
[C] Carbon monoxide (CO) content of 10 ppm or less; [1910.134(i)(1)(ii)[C]]
[D] Carbon dioxide content of 1,000 ppm or less; and [1910.134(i)(1)(ii)[D]]
[E] Lack of noticeable odor. [1910.134(i)(1)(ii)[E]]
(2) The employer shall ensure that compressed oxygen is not used in atmosphere-supplying respirators that have previously used compressed air. [1910.134(i)(2)]
(3) The employer shall ensure that oxygen concentrations greater than 23.5% are used only in equipment designed for oxygen service or distribution. [1910.134(i)(3)]
(4) The employer shall ensure that cylinders used to supply breathing air to respirators meet the following requirements: [1910.134(i)(4)]
(i) Cylinders are tested and maintained as prescribed in the Shipping Container Specification Regulations of the Department of Transportation (49 CFR part 180); [1910.134(i)(4)(i)]
(ii) Cylinders of purchased breathing air have a certificate of analysis from the supplier that the breathing air meets the requirements for Grade D breathing air; and [1910.134(i)(4)(ii)]
(iii) The moisture content in the cylinder does not exceed a dew point of -50 °F (-45.6 °C) at 1 atmosphere pressure. [1910.134(i)(4)(iii)]
(5) The employer shall ensure that compressors used to supply breathing air to respirators are constructed and situated so as to: [1910.134(i)(5)]
(i) Prevent entry of contaminated air into the air-supply system; [1910.134(i)(5)(i)]
(ii) Minimize moisture content so that the dew point at 1 atmosphere pressure is 10 degrees F (5.56 °C) below the ambient temperature; [1910.134(i)(5)(ii)]
(iii) Have suitable in-line air-purifying sorbent beds and filters to further ensure breathing air quality. Sorbent beds and filters shall be maintained and replaced or refurbished periodically following the manufacturer's instructions. [1910.134(i)(5)(iii)]
(iv) Have a tag containing the most recent change date and the signature of the person authorized by the employer to perform the change. The tag shall be maintained at the compressor.
[1910.134(i)(5)(iv)]
(6) For compressors that are not oil-lubricated, the employer shall ensure that carbon monoxide levels in the breathing air do not exceed 10 ppm. [1910.134(i)(6)]
(7) For oil-lubricated compressors, the employer shall use a high-temperature or carbon monoxide alarm, or both, to monitor carbon monoxide levels. If only high-temperature alarms are used, the air supply shall be monitored at intervals sufficient to prevent carbon monoxide in the breathing air from exceeding 10 ppm. [1910.134(i)(7)]
(8) The employer shall ensure that breathing air couplings are incompatible with outlets for nonrespirable worksite air or other gas systems. No asphyxiating substance shall be introduced into breathing air lines. [1910.134(i)(8)]
(9) The employer shall use only the respirator manufacturer's NIOSH-approved breathing-gas containers, marked and maintained in accordance with the Quality Assurance provisions of the NIOSH approval for the SCBA as issued in accordance with the NIOSH respirator-certification standard at 42 CFR part 84. [1910.134(i)(9)]
(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)]
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.134 Appendix A
Selected 1910 General Industry Standards
(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)]
(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 to assess the employees' views on program effectiveness and to identify any problems. Any problems that are identified during this assessment shall be corrected. Factors to be assessed include, but are not limited to:
[1910.134(l)(2)]
(i) Respirator fit (including the ability to use the respirator without interfering with effective workplace performance);
[1910.134(l)(2)(i)]
(ii) Appropriate respirator selection for the hazards to which the employee is exposed; [1910.134(l)(2)(ii)]
(iii) Proper respirator use under the workplace conditions the employee encounters; and [1910.134(l)(2)(iii)]
(iv) Proper respirator maintenance. [1910.134(l)(2)(iv)]
(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. Paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section become effective November 22, 2006. [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)]
§1910.134 Appendix A §1910.134 Appendix A
§1910.134 Appendix A Fit Testing Procedures (Mandatory)
Part 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-to-side 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.
[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.
2. Isoamyl Acetate Protocol
Note: This protocol is not appropriate to use for the fit testing of particulate respirators. If used to fit test particulate respirators, the respirator must be equipped with an organic vapor filter.
(a) Odor Threshold Screening Odor threshold screening, performed without wearing a respirator, is intended to determine if the individual tested can detect the odor of isoamyl acetate at low levels.
[1] Three 1 liter glass jars with metal lids are required.
[2] Odor-free water (e.g., distilled or spring water) at approximately 25 °C (77 °F) shall be used for the solutions.
[3] The isoamyl acetate (IAA) (also known at isopentyl acetate) stock solution is prepared by adding 1 ml of pure IAA to 800 ml of odor-free water in a 1 liter jar, closing the lid and shaking for 30 seconds. A new solution shall be prepared at least weekly.
[4] The screening test shall be conducted in a room separate from the room used for actual fit testing. The two rooms shall be well-ventilated to prevent the odor of IAA from becoming evident in the general room air where testing takes place.
[5] The odor test solution is prepared in a second jar by placing 0.4 ml of the stock solution into 500 ml of odor-free water using a clean dropper or pipette. The solution shall be shaken for 30 seconds and allowed to stand for two to three minutes so that the IAA concentration above the liquid may reach equilibrium. This solution shall be used for only one day.
[6] A test blank shall be prepared in a third jar by adding 500 cc of odor-free water.
[7] The odor test and test blank jar lids shall be labeled (e.g., 1 and 2) for jar identification. Labels shall be placed on the lids so that they can be peeled off periodically and switched to maintain the integrity of the test.
[8] The following instruction shall be typed on a card and placed on the table in front of the two test jars (i.e., 1 and 2): "The purpose of this test is to determine if you can smell banana oil at a low concentration. The two bottles in front of you contain water. One of these bottles also contains a small amount of banana oil. Be sure the covers are on tight, then shake each bottle for two seconds. Unscrew the lid of each bottle, one at a time, and sniff at the mouth of the bottle. Indicate to the test conductor which bottle contains banana oil."
[9] The mixtures used in the IAA odor detection test shall be prepared in an area separate from where the test is performed, in order to prevent olfactory fatigue in the subject.
[10] If the test subject is unable to correctly identify the jar containing the odor test solution, the IAA qualitative fit test shall not be performed.
[11] If the test subject correctly identifies the jar containing the odor test solution, the test subject may proceed to respirator selection and fit testing.
(b) Isoamyl Acetate Fit Test
[1] The fit test chamber shall be a clear 55-gallon drum liner suspended inverted over a 2-foot diameter frame so that the top of the chamber is about 6 inches above the test subject's head. If no drum liner is available, a similar chamber shall be constructed using plastic sheeting. The inside top center of the chamber shall have a small hook attached.
[2] Each respirator used for the fitting and fit testing shall be equipped with organic vapor cartridges or offer protection against organic vapors.
[3] After selecting, donning, and properly adjusting a respirator, the test subject shall wear it to the fit testing room. This room shall be separate from the room used for odor threshold screening and respirator selection, and shall be well-ventilated, as by an exhaust fan or lab hood, to prevent general room contamination.
[4] A copy of the test exercises and any prepared text from which the subject is to read shall be taped to the inside of the test chamber.
[5] Upon entering the test chamber, the test subject shall be given a 6-inch by 5-inch piece of paper towel, or other porous, absorbent, single-ply material, folded in half and wetted with 0.75 ml of pure IAA. The test subject shall hang the wet towel on the hook at the top of the chamber. An IAA test swab or ampule may be substituted for the IAA wetted paper towel provided it has been demonstrated that the alternative IAA source will generate an IAA test atmosphere with a concentration equivalent to that generated by the paper towel method.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
[6] Allow two minutes for the IAA test concentration to stabilize before starting the fit test exercises. This would be an appropriate time to talk with the test subject; to explain the fit test, the importance of his/her cooperation, and the purpose for the test exercises; or to demonstrate some of the exercises.
[7] If at any time during the test, the subject detects the banana-like odor of IAA, the test is failed. The subject shall quickly exit from the test chamber and leave the test area to avoid olfactory fatigue.
[8] If the test is failed, the subject shall return to the selection room and remove the respirator. The test subject shall repeat the odor sensitivity test, select and put on another respirator, return to the test area and again begin the fit test procedure described in (b) (1) through (7) above. The process continues until a respirator that fits well has been found. Should the odor sensitivity test be failed, the subject shall wait at least 5 minutes before retesting. Odor sensitivity will usually have returned by this time.
[9] If the subject passes the test, the efficiency of the test procedure shall be demonstrated by having the subject break the respirator face seal and take a breath before exiting the chamber.
[10] When the test subject leaves the chamber, the subject shall remove the saturated towel and return it to the person conducting the test, so that there is no significant IAA concentration buildup in the chamber during subsequent tests. The used towels shall be kept in a self-sealing plastic bag to keep the test area from being contaminated.
3. Saccharin Solution Aerosol Protocol
The entire screening and testing procedure shall be explained to the test subject prior to the conduct of the screening test.
(a) Taste threshold screening. The saccharin taste threshold screening, performed without wearing a respirator, is intended to determine whether the individual being tested can detect the taste of saccharin.
[1] During threshold screening as well as during fit testing, subjects shall wear an enclosure about the head and shoulders that is approximately 12 inches in diameter by 14 inches tall with at least the front portion clear and that allows free movements of the head when a respirator is worn. An enclosure substantially similar to the 3M hood assembly, parts #FT 14 and #FT 15 combined, is adequate.
[2] The test enclosure shall have a 3⁄4-inch (1.9 cm) hole in front of the test subject's nose and mouth area to accommodate the nebulizer nozzle.
[3] The test subject shall don the test enclosure. Throughout the threshold screening test, the test subject shall breathe through his/her slightly open mouth with tongue extended. The subject is instructed to report when he/she detects a sweet taste.
[4] Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or equivalent, the test conductor shall spray the threshold check solution into the enclosure. The nozzle is directed away from the nose and mouth of the person. This nebulizer shall be clearly marked to distinguish it from the fit test solution nebulizer.
[5] The threshold check solution is prepared by dissolving 0.83 gram of sodium saccharin USP in 100 ml of warm water. It can be prepared by putting 1 ml of the fit test solution (see (b)(5) below) in 100 ml of distilled water.
[6] To produce the aerosol, the nebulizer bulb is firmly squeezed so that it collapses completely, then released and allowed to fully expand.
[7] Ten squeezes are repeated rapidly and then the test subject is asked whether the saccharin can be tasted. If the test subject reports tasting the sweet taste during the ten squeezes, the screening test is completed. The taste threshold is noted as ten regardless of the number of squeezes actually completed.
[8] If the first response is negative, ten more squeezes are repeated rapidly and the test subject is again asked whether the saccharin is tasted. If the test subject reports tasting the sweet taste during the second ten squeezes, the screening test is completed. The taste threshold is noted as twenty regardless of the number of squeezes actually completed.
[9] If the second response is negative, ten more squeezes are repeated rapidly and the test subject is again asked whether the saccharin is tasted. If the test subject
reports tasting the sweet taste during the third set of ten squeezes, the screening test is completed. The taste threshold is noted as thirty regardless of the number of squeezes actually completed.
[10] The test conductor will take note of the number of squeezes required to solicit a taste response.
[11] If the saccharin is not tasted after 30 squeezes (step 10), the test subject is unable to taste saccharin and may not perform the saccharin fit test.
Note to paragraph 3(a): If the test subject eats or drinks something sweet before the screening test, he/she may be unable to taste the weak saccharin solution.
[12] If a taste response is elicited, the test subject shall be asked to take note of the taste for reference in the fit test.
[13] Correct use of the nebulizer means that approximately 1 ml of liquid is used at a time in the nebulizer body.
[14] The nebulizer shall be thoroughly rinsed in water, shaken dry, and refilled at least each morning and afternoon or at least every four hours.
(b) Saccharin solution aerosol fit test procedure.
[1] The test subject may not eat, drink (except plain water), smoke, or chew gum for 15 minutes before the test.
[2] The fit test uses the same enclosure described in 3. (a) above.
[3] The test subject shall don the enclosure while wearing the respirator selected in section I. A. of this appendix. The respirator shall be properly adjusted and equipped with a particulate filter(s).
[4] A second DeVilbiss Model 40 Inhalation Medication Nebulizer or equivalent is used to spray the fit test solution into the enclosure. This nebulizer shall be clearly marked to distinguish it from the screening test solution nebulizer.
[5] The fit test solution is prepared by adding 83 grams of sodium saccharin to 100 ml of warm water.
[6] As before, the test subject shall breathe through the slightly open mouth with tongue extended, and report if he/she tastes the sweet taste of saccharin.
[7] The nebulizer is inserted into the hole in the front of the enclosure and an initial concentration of saccharin fit test solution is sprayed into the enclosure using the same number of squeezes (either 10, 20 or 30 squeezes) based on the number of squeezes required to elicit a taste response as noted during the screening test. A minimum of 10 squeezes is required.
[8] After generating the aerosol, the test subject shall be instructed to perform the exercises in section I. A. 14. of this appendix.
[9] Every 30 seconds the aerosol concentration shall be replenished using one half the original number of squeezes used initially (e.g., 5, 10 or 15).
[10] The test subject shall indicate to the test conductor if at any time during the fit test the taste of saccharin is detected. If the test subject does not report tasting the saccharin, the test is passed.
[11] If the taste of saccharin is detected, the fit is deemed unsatisfactory and the test is failed. A different respirator shall be tried and the entire test procedure is repeated (taste threshold screening and fit testing).
[12] Since the nebulizer has a tendency to clog during use, the test operator must make periodic checks of the nebulizer to ensure that it is not clogged. If clogging is found at the end of the test session, the test is invalid.
4. Bitrex™ (Denatonium Benzoate) Solution Aerosol Qualitative Fit Test Protocol
The Bitrex™ (Denatonium benzoate) solution aerosol QLFT protocol uses the published saccharin test protocol because that protocol is widely accepted. Bitrex is routinely used as a taste aversion agent in household liquids which children should not be drinking and is endorsed by the American Medical Association, the National Safety Council, and the American Association of Poison Control Centers. The entire screening and testing procedure shall be explained to the test subject prior to the conduct of the screening test.
(a) Taste Threshold Screening.
The Bitrex taste threshold screening, performed without wearing a respirator, is intended to determine whether the individual being tested can detect the taste of Bitrex.
[1] During threshold screening as well as during fit testing, subjects shall wear an enclosure about the head
and shoulders that is approximately 12 inches (30.5 cm) in diameter by 14 inches (35.6 cm) tall. The front portion of the enclosure shall be clear from the respirator and allow free movement of the head when a respirator is worn. An enclosure substantially similar to the 3M hood assembly, parts # FT 14 and # FT 15 combined, is adequate.
[2] The test enclosure shall have a 3 4 inch (1.9 cm) hole in front of the test subject's nose and mouth area to accommodate the nebulizer nozzle.
[3] The test subject shall don the test enclosure. Throughout the threshold screening test, the test subject shall breathe through his or her slightly open mouth with tongue extended. The subject is instructed to report when he/she detects a bitter taste.
[4] Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or equivalent, the test conductor shall spray the Threshold Check Solution into the enclosure. This Nebulizer shall be clearly marked to distinguish it from the fit test solution nebulizer.
[5] The Threshold Check Solution is prepared by adding 13.5 milligrams of Bitrex to 100 ml of 5% salt (NaCl) solution in distilled water.
[6] To produce the aerosol, the nebulizer bulb is firmly squeezed so that the bulb collapses completely, and is then released and allowed to fully expand.
[7] An initial ten squeezes are repeated rapidly and then the test subject is asked whether the Bitrex can be tasted. If the test subject reports tasting the bitter taste during the ten squeezes, the screening test is completed. The taste threshold is noted as ten regardless of the number of squeezes actually completed.
[8] If the first response is negative, ten more squeezes are repeated rapidly and the test subject is again asked whether the Bitrex is tasted. If the test subject reports tasting the bitter taste during the second ten squeezes, the screening test is completed. The taste threshold is noted as twenty regardless of the number of squeezes actually completed.
[9] If the second response is negative, ten more squeezes are repeated rapidly and the test subject is again asked whether the Bitrex is tasted. If the test subject reports tasting the bitter taste during the third set of ten squeezes, the screening test is completed. The taste threshold is noted as thirty regardless of the number of squeezes actually completed.
[10] The test conductor will take note of the number of squeezes required to solicit a taste response.
[11] If the Bitrex is not tasted after 30 squeezes (step 10), the test subject is unable to taste Bitrex and may not perform the Bitrex fit test.
[12] If a taste response is elicited, the test subject shall be asked to take note of the taste for reference in the fit test.
[13] Correct use of the nebulizer means that approximately 1 ml of liquid is used at a time in the nebulizer body.
[14] The nebulizer shall be thoroughly rinsed in water, shaken to dry, and refilled at least each morning and afternoon or at least every four hours.
(b) Bitrex Solution Aerosol Fit Test Procedure.
[1] The test subject may not eat, drink (except plain water), smoke, or chew gum for 15 minutes before the test.
[2] The fit test uses the same enclosure as that described in 4. (a) above.
[3] The test subject shall don the enclosure while wearing the respirator selected according to section I. A. of this appendix. The respirator shall be properly adjusted and equipped with any type particulate filter(s).
[4] A second DeVilbiss Model 40 Inhalation Medication Nebulizer or equivalent is used to spray the fit test solution into the enclosure. This nebulizer shall be clearly marked to distinguish it from the screening test solution nebulizer.
[5] The fit test solution is prepared by adding 337.5 mg of Bitrex to 200 ml of a 5% salt (NaCl) solution in warm water.
[6] As before, the test subject shall breathe through his or her slightly open mouth with tongue extended, and be instructed to report if he/she tastes the bitter taste of Bitrex.
[7] The nebulizer is inserted into the hole in the front of the enclosure and an initial concentration of the fit test solution is sprayed into the enclosure using the same number of squeezes (either 10, 20 or 30 squeezes)
based on the number of squeezes required to elicit a taste response as noted during the screening test.
[8] After generating the aerosol, the test subject shall be instructed to perform the exercises in section I. A. 14. of this appendix.
[9] Every 30 seconds the aerosol concentration shall be replenished using one half the number of squeezes used initially (e.g., 5, 10 or 15).
[10] The test subject shall indicate to the test conductor if at any time during the fit test the taste of Bitrex is detected. If the test subject does not report tasting the Bitrex, the test is passed.
[11] If the taste of Bitrex is detected, the fit is deemed unsatisfactory and the test is failed. A different respirator shall be tried and the entire test procedure is repeated (taste threshold screening and fit testing).
5. Irritant Smoke (Stannic Chloride) Protocol
This qualitative fit test uses a person's response to the irritating chemicals released in the "smoke" produced by a stannic chloride ventilation smoke tube to detect leakage into the respirator.
(a) General Requirements and Precautions
[1] The respirator to be tested shall be equipped with high efficiency particulate air (HEPA) or P100 series filter(s).
[2] Only stannic chloride smoke tubes shall be used for this protocol.
[3] No form of test enclosure or hood for the test subject shall be used.
[4] The smoke can be irritating to the eyes, lungs, and nasal passages. The test conductor shall take precautions to minimize the test subject's exposure to irritant smoke. Sensitivity varies, and certain individuals may respond to a greater degree to irritant smoke. Care shall be taken when performing the sensitivity screening checks that determine whether the test subject can detect irritant smoke to use only the minimum amount of smoke necessary to elicit a response from the test subject.
[5] The fit test shall be performed in an area with adequate ventilation to prevent exposure of the person conducting the fit test or the build-up of irritant smoke in the general atmosphere.
(b) Sensitivity Screening Check
The person to be tested must demonstrate his or her ability to detect a weak concentration of the irritant smoke.
[1] The test operator shall break both ends of a ventilation smoke tube containing stannic chloride, and attach one end of the smoke tube to a low flow air pump set to deliver 200 milliliters per minute, or an aspirator squeeze bulb. The test operator shall cover the other end of the smoke tube with a short piece of tubing to prevent potential injury from the jagged end of the smoke tube.
[2] The test operator shall advise the test subject that the smoke can be irritating to the eyes, lungs, and nasal passages and instruct the subject to keep his/her eyes closed while the test is performed.
[3] The test subject shall be allowed to smell a weak concentration of the irritant smoke before the respirator is donned to become familiar with its irritating properties and to determine if he/she can detect the irritating properties of the smoke. The test operator shall carefully direct a small amount of the irritant smoke in the test subject's direction to determine that he/she can detect it.
(c) Irritant Smoke Fit Test Procedure
[1] The person being fit tested shall don the respirator without assistance, and perform the required user seal check(s).
[2] The test subject shall be instructed to keep his/her eyes closed.
[3] The test operator shall direct the stream of irritant smoke from the smoke tube toward the faceseal area of the test subject, using the low flow pump or the squeeze bulb. The test operator shall begin at least 12 inches from the facepiece and move the smoke stream around the whole perimeter of the mask. The operator shall gradually make two more passes around the perimeter of the mask, moving to within six inches of the respirator.
[4] If the person being tested has not had an involuntary response and/or detected the irritant smoke, proceed with the test exercises.
[5] The exercises identified in section I.A. 14. of this appendix shall be performed by the test subject
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
while the respirator seal is being continually challenged by the smoke, directed around the perimeter of the respirator at a distance of six inches.
[6] If the person being fit tested reports detecting the irritant smoke at any time, the test is failed. The person being retested must repeat the entire sensitivity check and fit test procedure.
[7] Each test subject passing the irritant smoke test without evidence of a response (involuntary cough, irritation) shall be given a second sensitivity screening check, with the smoke from the same smoke tube used during the fit test, once the respirator has been removed, to determine whether he/she still reacts to the smoke. Failure to evoke a response shall void the fit test.
[8] If a response is produced during this second sensitivity check, then the fit test is passed.
C. Quantitative Fit Test (QNFT) Protocols
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) Apparatus.
[1] Instrumentation. Aerosol generation, dilution, and measurement systems using particulates (corn oil, polyethylene glycol 400 [PEG 400], di-2-ethyl hexyl sebacate [DEHS] or sodium chloride) as test aerosols shall be used for quantitative fit testing.
[2] Test chamber. The test chamber shall be large enough to permit all test subjects to perform freely all required exercises without disturbing the test agent concentration or the measurement apparatus. The test chamber shall be equipped and constructed so that the test agent is effectively isolated from the ambient air, yet uniform in concentration throughout the chamber.
[3] When testing air-purifying respirators, the normal filter or cartridge element shall be replaced with a high efficiency particulate air (HEPA) or P100 series filter supplied by the same manufacturer.
[4] The sampling instrument shall be selected so that a computer record or strip chart record may be made of the test showing the rise and fall of the test agent concentration with each inspiration and expiration at fit factors of at least 2,000. Integrators or computers that integrate the amount of test agent penetration leakage into the respirator for each exercise may be used provided a record of the readings is made.
[5] The combination of substitute air-purifying elements, test agent and test agent concentration shall be such that the test subject is not exposed in excess of an established exposure limit for the test agent at any time during the testing process, based upon the length of the exposure and the exposure limit duration.
[6] The sampling port on the test specimen respirator shall be placed and constructed so that no leakage occurs around the port (e.g., where the respirator is probed), a free air flow is allowed into the sampling line at all times, and there is no interference with the fit or performance of the respirator. The in-mask sampling device (probe) shall be designed and used so that the air sample is drawn from the breathing zone of the test subject, midway between the nose and mouth and with the probe extending into the facepiece cavity at least 1⁄4 inch.
[7] The test setup shall permit the person administering the test to observe the test subject inside the chamber during the test.
[8] The equipment generating the test atmosphere shall maintain the concentration of test agent constant to within a 10 percent variation for the duration of the test.
[9] The time lag (interval between an event and the recording of the event on the strip chart or computer or integrator) shall be kept to a minimum. There shall be a clear association between the occurrence of an event and its being recorded.
[10] The sampling line tubing for the test chamber atmosphere and for the respirator sampling port shall be of equal diameter and of the same material. The length of the two lines shall be equal.
[11] The exhaust flow from the test chamber shall pass through an appropriate filter (i.e., high efficiency particulate filter) before release.
[12] When sodium chloride aerosol is used, the relative humidity inside the test chamber shall not exceed 50 percent.
[13] The limitations of instrument detection shall be taken into account when determining the fit factor.
[14] Test respirators shall be maintained in proper working order and be inspected regularly for deficiencies such as cracks or missing valves and gaskets.
(b) Procedural Requirements.
[1] When performing the initial user seal check using a positive or negative pressure check, the sampling line shall be crimped closed in order to avoid air pressure leakage during either of these pressure checks.
[2] The use of an abbreviated screening QLFT test is optional. Such a test may be utilized in order to quickly identify poor fitting respirators that passed the positive and/or negative pressure test and reduce the amount of QNFT time. The use of the CNC QNFT instrument in the count mode is another optional method to obtain a quick estimate of fit and eliminate poor fitting respirators before going on to perform a full QNFT.
[3] A reasonably stable test agent concentration shall be measured in the test chamber prior to testing. For canopy or shower curtain types of test units, the determination of the test agent's stability may be established after the test subject has entered the test environment.
[4] Immediately after the subject enters the test chamber, the test agent concentration inside the respirator shall be measured to ensure that the peak penetration does not exceed 5 percent for a half mask or 1 percent for a full facepiece respirator.
[5] A stable test agent concentration shall be obtained prior to the actual start of testing.
[6] Respirator restraining straps shall not be over-tightened for testing. The straps shall be adjusted by the wearer without assistance from other persons to give a reasonably comfortable fit typical of normal use. The respirator shall not be adjusted once the fit test exercises begin.
[7] The test shall be terminated whenever any single peak penetration exceeds 5 percent for half masks and 1 percent for full facepiece respirators. The test subject shall be refitted and retested.
[8] Calculation of fit factors.
[i] The fit factor shall be determined for the quantitative fit test by taking the ratio of the average chamber concentration to the concentration measured inside the respirator for each test exercise except the grimace exercise.
[ii] The average test chamber concentration shall be calculated as the arithmetic average of the concentration measured before and after each test (i.e., 7 exercises) or the arithmetic average of the concentration measured before and after each exercise or the true average measured continuously during the respirator sample.
[iii] The concentration of the challenge agent inside the respirator shall be determined by one of the following methods:
[A] Average peak penetration method means the method of determining test agent penetration into the respirator utilizing a strip chart recorder, integrator, or computer. The agent penetration is determined by an average of the peak heights on the graph or by computer integration, for each exercise except the grimace exercise. Integrators or computers that calculate the actual test agent penetration into the respirator for each exercise will also be considered to meet the requirements of the average peak penetration method.
[B] Maximum peak penetration method means the method of determining test agent penetration in the respirator as determined by strip chart recordings of the test. The highest peak penetration for a given exercise is taken to be representative of average penetration into the respirator for that exercise.
[C] Integration by calculation of the area under the individual peak for each exercise except the grimace exercise. This includes computerized integration.
[D] The calculation of the overall fit factor using individual exercise fit factors involves first converting the exercise fit factors to penetration values, determining the average, and then converting that result back to a fit factor. This procedure is described in the following equation:
Where ff1, ff2, ff3, etc. are the fit factors for exercises 1, 2, 3, etc.
[9] The test subject shall not be permitted to wear a half mask or quarter facepiece respirator unless a minimum fit factor of 100 is obtained, or a full facepiece respirator unless a minimum fit factor of 500 is obtained.
[10] Filters used for quantitative fit testing shall be replaced whenever increased breathing resistance is encountered, or when the test agent has altered the integrity of the filter media.
3. Ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol.
The ambient aerosol condensation nuclei counter (CNC) quantitative fit testing (PortaCount®) protocol quantitatively fit tests respirators with the use of a probe. The probed respirator is only used for quantitative fit tests. A probed respirator has a special sampling device, installed on the respirator, that allows the probe to sample the air from inside the mask. A probed respirator is required for each make, style, model, and size that the employer uses and can be obtained from the respirator manufacturer or distributor. The primary CNC instrument manufacturer, TSI Incorporated, also provides probe attachments (TSI mask sampling adapters) that permit fit testing in an employee's own respirator. A minimum fit factor pass level of at least 100 is necessary for a half-mask respirator (elastomeric or filtering facepiece), and a minimum fit factor pass level of at least 500 is required for a full-facepiece elastomeric respirator. The entire screening and testing procedure shall be explained to the test subject prior to the conduct of the screening test.
(a) PortaCount® Fit Test Requirements.
[1] Check the respirator to make sure the sampling probe and line are properly attached to the facepiece and that the respirator is fitted with a particulate filter capable of preventing significant penetration by the ambient particles used for the fit test (e.g., NIOSH 42 CFR 84 series 100, series 99, or series 95 particulate filter) per manufacturer's instruction.
[2] Instruct the person to be tested to don the respirator for five minutes before the fit test starts. This purges the ambient particles trapped inside the respirator and permits the wearer to make certain the respirator is comfortable. This individual shall already have been trained on how to wear the respirator properly.
[3] Check the following conditions for the adequacy of the respirator fit: Chin properly placed; Adequate strap tension, not overly tightened; Fit across nose bridge; Respirator of proper size to span distance from nose to chin; Tendency of the respirator to slip; Self-observation in a mirror to evaluate fit and respirator position.
[4] Have the person wearing the respirator do a user seal check. If leakage is detected, determine the cause. If leakage is from a poorly fitting facepiece, try another size of the same model respirator, or another model of respirator.
[5] Follow the manufacturer's instructions for operating the PortaCount® and proceed with the test.
[6] The test subject shall be instructed to perform the exercises in section I. A. 14. of this appendix.
[7] After the test exercises, 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.
(b) PortaCount® Test Instrument.
[1] The PortaCount® will automatically stop and calculate the overall fit factor for the entire set of exercises. The overall fit factor is what counts. The Pass or Fail message will indicate whether or not the test was successful. If the test was a Pass, the fit test is over.
[2] Since the pass or fail criterion of the PortaCount® is user programmable, the test operator shall ensure that the pass or fail criterion meet the requirements for minimum respirator performance in this Appendix.
[3] A record of the test needs to be kept on file, assuming the fit test was successful. The record must contain the test subject's name; overall fit factor; make, model, style, and size of respirator used; and date tested.
4. Modified ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators.
(a) When administering this protocol to test subjects, employers shall comply with the requirements specified in Part I.C.3 of this appendix (ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol), except they shall use the test exercises described below in paragraph (b) of this protocol instead of the test exercises specified in section I.C.3(a)(6) of this appendix.
(b) Employers shall ensure that each test subject being fit tested using this protocol follows the exercise and duration procedures, including the order of administration, described in Table A-1 of this appendix.
Table A-1 — Modified Ambient Aerosal CNC Quantitative Fit Testing Protocol for Full Facepiece and Half-Mask Elastomeric Respirators
Exercises1 Exercise procedure Measurement procedure
Bending Over
Jogging-in-Place
Head Side-to-Side
Head Up-and-Down
The test subject shall bend at the waist, as if going to touch his/her toes for 50 seconds and inhale 2 times at the bottom2
A 20 second ambient sample, followed by a 30 second mask sample.
The test subject shall jog in place comfortably for 30 seconds A 30 second mask sample.
The test subject shall stand in place, slowly turning his/her head from side to side for 30 seconds and inhale 2 times at each extreme2 A 30 second mask sample.
The test subject shall stand in place, slowly moving his/her head up and down for 39 seconds and inhale 2 times at each extreme2
A 30 second mask sample followed by a 9 second ambient sample.
1Exercises are listed in the order in which they are to be administered.
2It is optional for test subjects to take additional breaths at other times during this exercise.
5. Modified ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol for filtering facepiece respirators.
(a) When administering this protocol to test subjects, employers shall comply with the requirements specified in Part I.C.3 of this appendix (ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol), except they shall use the test exercises described below in paragraph (b) of this protocol instead of the test exercises specified in section I.C.3(a)(6) of this appendix.
(b) Employers shall ensure that each test subject being fit tested using this protocol follows the exercise and duration procedures, including the order of administration, described in Table A-2 of this appendix.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Table A-2 — Modified Ambient Aerosal CNC Quantitative Fit Testing Protocol for Filtering Facepiece Respirators
Bending Over
Talking
Head Side-to-Side
Head Up-and-Down
The test subject shall bend at the waist, as if going to touch his/her toes for 50 seconds and inhale 2 times at the bottom2
A 20 second ambient sample, followed by a 30 second mask sample.
The test subject shall talk out loud slowly and loud enough so as to be heard clearly by the test conductor for 30 seconds. He/she will either read from a prepared text such as the Rainbow Passage, count backward from 100, or recite a memorized poem or song
A 30 second mask sample.
The test subject shall stand in place, slowly turning his/her head from side to side for 30 seconds and inhale 2 times at each extreme2 A 30 second mask sample.
The test subject shall stand in place, slowly moving his/her head up and down for 39 seconds and inhale 2 times at each extreme2
A 30 second mask sample followed by a 9 second ambient sample.
1Exercises are listed in the order in which they are to be administered.
2It is optional for test subjects to take additional breaths at other times during this exercise.
6. Controlled negative pressure (CNP) quantitative fit testing protocol.
The CNP protocol provides an alternative to aerosol fit test methods. The CNP fit test method technology is based on exhausting air from a temporarily sealed respirator facepiece to generate and then maintain a constant negative pressure inside the facepiece. The rate of air exhaust is controlled so that a constant negative pressure is maintained in the respirator during the fit test. The level of pressure is selected to replicate the mean inspiratory pressure that causes leakage into the respirator under normal use conditions. With pressure held constant, air flow out of the respirator is equal to air flow into the respirator. Therefore, measurement of the exhaust stream that is required to hold the pressure in the temporarily sealed respirator constant yields a direct measure of leakage air flow into the respirator. The CNP fit test method measures leak rates through the facepiece as a method for determining the facepiece fit for negative pressure respirators. The CNP instrument manufacturer
Occupational Health Dynamics of Birmingham, Alabama also provides attachments (sampling manifolds) that replace the filter cartridges to permit fit testing in an employee's own respirator. To perform the test, the test subject closes his or her mouth and holds his/her breath, after which an air pump removes air from the respirator facepiece at a pre-selected constant pressure. The facepiece fit is expressed as the leak rate through the facepiece, expressed as milliliters per minute. The quality and validity of the CNP fit tests are determined by the degree to which the in-mask pressure tracks the test pressure during the system measurement time of approximately five seconds. Instantaneous feedback in the form of a real-time pressure trace of the in-mask pressure is provided and used to determine test validity and quality. A minimum fit factor pass level of 100 is necessary for a half-mask respirator and a minimum fit factor of at least 500 is required for a full facepiece respirator. The entire screening and testing procedure shall be explained to the test subject prior to the conduct of the screening test.
(a) CNP Fit Test Requirements.
[1] The instrument shall have a non-adjustable test pressure of 15.0 mm water pressure.
[2] The CNP system defaults selected for test pressure shall be set at -15 mm of water (-0.58 inches of water) and the modeled inspiratory flow rate shall be 53.8 liters per minute for performing fit tests.
Note: CNP systems have built-in capability to conduct fit testing that is specific to unique work rate, mask, and gender situations that might apply in a specific workplace. Use of system default values, which were selected to represent respirator wear with medium cartridge resistance at a low-moderate work rate, will allow inter-test comparison of the respirator fit.)
[3] The individual who conducts the CNP fit testing shall be thoroughly trained to perform the test.
[4] The respirator filter or cartridge needs to be replaced with the CNP test manifold. The inhalation valve downstream from the manifold either needs to be temporarily removed or propped open.
[5] The employer must train the test subject to hold his or her breath for at least 10 seconds.
[6] The test subject must don the test respirator without any assistance from the test administrator who is conducting the CNP fit test. The respirator must not be adjusted once the fit-test exercises begin. Any adjustment voids the test, and the test subject must repeat the fit test.
[7] The QNFT protocol shall be followed according to section I. C. 1. of this appendix with an exception for the CNP test exercises.
(b) CNP Test Exercises.
[1] Normal breathing. In a normal standing position, without talking, the subject shall breathe normally for 1 minute. After the normal breathing exercise, the subject needs to hold head straight ahead and hold his or her breath for 10 seconds during the test measurement.
[2] Deep breathing. In a normal standing position, the subject shall breathe slowly and deeply for 1 minute, being careful not to hyperventilate. After the deep breathing exercise, the subject shall hold his or her head straight ahead and hold his or her breath for 10 seconds during test measurement.
[3] Turning head side to side. Standing in place, the subject shall slowly turn his or her head from side to side between the extreme positions on each side for 1 minute. The head shall be held at each extreme momentarily so the subject can inhale at each side. After the turning head side to side exercise, the subject needs to hold head full left and hold his or her breath for 10 seconds during test measurement. Next, the subject needs to hold head full right and hold his or her breath for 10 seconds during test measurement.
[4] Moving head up and down. Standing in place, the subject shall slowly move his or her head up and down for 1 minute. The subject shall be instructed to inhale in the up position (i.e., when looking toward the ceiling). After the moving head up and down exercise, the subject shall hold his or her head full up and hold his or her breath for 10 seconds during test measurement. Next, the subject shall hold his or her head full down and hold his or her breath for 10 seconds during test measurement.
[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 for 1 minute. After the talking exercise, the subject shall hold his or her head straight ahead and hold his or her breath for 10 seconds during the test measurement.
[6] Grimace. The test subject shall grimace by smiling or frowning for 15 seconds.
[7] Bending Over. The test subject shall bend at the waist as if he or she were to touch his or her toes for 1 minute. Jogging in place shall be substituted for this exercise in those test environments such as shroud-type QNFT units that prohibit bending at the waist. After the bending over exercise, the subject shall hold his or her head straight ahead and hold his or her breath for 10 seconds during the test measurement.
[8] Normal Breathing. The test subject shall remove and re-don the respirator within a one-minute period. Then, in a normal standing position, without talking, the subject shall breathe normally for 1 minute. After the normal breathing exercise, the subject shall hold his or her head straight ahead and hold his or her breath for 10 seconds during the test measurement. After the test exercises, 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 a respirator shall be tried.
(c) CNP Test Instrument.
Respirator Cleaning Procedures (Mandatory)
[1] The test instrument must have an effective audiowarning device, or a visual-warning device in the form of a screen tracing, that indicates when the test subject fails to hold his or her breath during the test. The test must be terminated and restarted from the beginning when the test subject fails to hold his or her breath during the test. The test subject then may be refitted and retested.
[2] A record of the test shall be kept on file, assuming the fit test was successful. The record must contain the test subject's name; overall fit factor; make, model, style and size of respirator used; and date tested.
7. Controlled negative pressure (CNP) REDON quantitative fit testing protocol.
(a) When administering this protocol to test subjects, employers must comply with the requirements specified in paragraphs (a) and (c) of part I.C.6 of this appendix (“Controlled negative pressure (CNP) quantitative fit testing protocol,”) as well as use the test exercises described below in paragraph (b) of this protocol instead of the test exercises specified in paragraph (b) of part I.C.6 of this appendix.
(b) Employers must ensure that each test subject being fit tested using this protocol follows the exercise and measurement procedures, including the order of administration described in Table A-3 of this appendix.
Facing Forward Stand and breathe normally, without talking, for 30 seconds
Bending Over Bend at the waist, as if going to touch his or her toes, for 30 seconds
Head Shaking For about three seconds, shake head back and forth vigorously several times while shouting
REDON 1
REDON 2
Remove the respirator mask, loosen all facepiece straps, and then redon the respirator mask
Remove the respirator mask, loosen all facepiece straps, and then redon the respirator mask again
Face forward, while holding breath for 10 seconds
Face parallel to the floor, while holding breath for 10 seconds
Face forward, while holding breath for 10 seconds
Face forward, while holding breath for 10 seconds
Face forward, while holding breath for 10 seconds
1 Exercises are listed in the order in which they are to be administered.
(c) After completing the test exercises, the test administrator must question each test subject regarding the comfort of the respirator. When a test subject states that the respirator is unacceptable, the employer must ensure that the test administrator repeats the protocol using another respirator model.
(d) Employers must determine the overall fit factor for each test subject by calculating the harmonic mean of the fit testing exercises as follows:
Where:
N = The number of exercises;
FF1 = The fit factor for the first exercise; FF2 = The fit factor for the second exercise; and FFN = The fit factor for the nth exercise.
Part II. New Fit Test Protocols
A. Any person may submit to OSHA an application for approval of a new fit test protocol. If the application meets the following criteria, OSHA will initiate a rulemaking proceeding under section 6(b)(7) of the OSH Act to determine whether to list the new protocol as an approved protocol in this appendix A.
B. The application must include a detailed description of the proposed new fit test protocol. This application must be supported by either:
1. A test report prepared by an independent government research laboratory (e.g., Lawrence Livermore National Laboratory, Los Alamos National Laboratory, the National Institute for Standards and Technology) stating that the laboratory has tested the protocol and had found it to be accurate and reliable; or
2. An article that has been published in a peer-reviewed industrial hygiene journal describing the protocol and explaining how test data support the protocol's accuracy and reliability.
C. If OSHA determines that additional information is required before the Agency commences a rulemaking proceeding under this section, OSHA will so notify the applicant and afford the applicant the opportunity to submit the supplemental information. Initiation of a rulemaking proceeding will be deferred until OSHA has received and evaluated the supplemental information.
§1910.134 Appendix B-1
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.
§1910.134 Appendix B-2
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 pressuredemand 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,
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Table A-3 — CNP REDON Quantitative Fit Testing Protocol
Selected 1910 General Industry Standards
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.
§1910.134 Appendix C
OSHA Respirator Medical Evaluation Questionnaire (Mandatory)
Download a complete 3-page PDF from www.oshacfr.com.
§1910.134 Appendix D (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.
[63 FR 1270, Jan. 8, 1998; 63 FR 20098, 20099, Apr. 23, 1998, as amended at 69 FR 46993, Aug. 4, 2004; 71 FR 16672, Apr. 3, 2006; 71 FR 50187, Aug. 24, 2006; 73 FR 75584, Dec. 12, 2008; 76 FR 33607, June 8, 2011; 77 FR 46949, Aug. 7, 2012]
§1910.178
Powered industrial trucks (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 and used by an employer shall meet the design and construction requirements for powered industrial trucks established in the "American National Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969", which is incorporated by reference as specified in §1910.6, except for vehicles intended primarily for earth moving or over-the-road hauling. [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)]
(5) If the truck is equipped with front-end attachments other than factory installed attachments, the user shall request that the truck be marked to identify the attachments and show the approximate weight of the truck and attachment combination at maximum elevation with load laterally centered. [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. For the purpose of this standard there are eleven different designations of industrial trucks or tractors as follows: D, DS, DY, E, ES, EE, EX, G, GS, LP, and LPS. [1910.178(b)]
(1) The D designated units are units similar to the G units except that they are diesel engine powered instead of gasoline engine powered. [1910.178(b)(1)]
(2) The DS designated units are diesel powered units that are provided with additional safeguards to the exhaust, fuel and electrical systems. They may be used in some locations where a D unit may not be considered suitable. [1910.178(b)(2)]
(3) The DY designated units are diesel powered units that have all the safeguards of the DS units and in addition do not have any electrical equipment including the ignition and are equipped with temperature limitation features. [1910.178(b)(3)]
(4) The E designated units are electrically powered units that have minimum acceptable safeguards against inherent fire hazards. [1910.178(b)(4)]
(5) The ES designated units are electrically powered units that, in addition to all of the requirements for the E units, are provided with additional safeguards to the electrical system to prevent emission of hazardous sparks and to limit surface temperatures. They may be used in some locations where the use of an E unit may not be considered suitable. [1910.178(b)(5)]
(6) The EE designated units are electrically powered units that have, in addition to all of the requirements for the E and ES units, the electric motors and all other electrical equipment completely enclosed. In certain locations the EE unit may be used where the use of an E and ES unit may not be considered suitable. [1910.178(b)(6)]
(7) The EX designated units are electrically powered units that differ from the E, ES, or EE units in that the electrical fittings and equipment are so designed, constructed and assembled that the units may be used in certain atmospheres containing flammable vapors or dusts. [1910.178(b)(7)]
(8) The G designated units are gasoline powered units having minimum acceptable safeguards against inherent fire hazards. [1910.178(b)(8)]
(9) The GS designated units are gasoline powered units that are provided with additional safeguards to the exhaust, fuel, and electrical systems. They may be used in some locations where the use of a G unit may not be considered suitable. [1910.178(b)(9)]
(10) The LP designated unit is similar to the G unit except that liquefied petroleum gas is used for fuel instead of gasoline. [1910.178(b)(10)]
(11) The LPS designated units are liquefied petroleum gas powered units that are provided with additional safeguards to the exhaust, fuel, and electrical systems. They may be used in some locations where the use of an LP unit may not be considered suitable. [1910.178(b)(11)]
(12) The atmosphere or location shall have been classified as to whether it is hazardous or nonhazardous prior to the consideration of industrial trucks being used therein and the type of industrial truck required shall be as provided in paragraph (d) of this section for such location. [1910.178(b)(12)]
(c) Designated locations. [1910.178(c)]
(1) The industrial trucks specified under subparagraph (2) of this paragraph are the minimum types required but industrial trucks having greater safeguards may be used if desired. [1910.178(c)(1)]
(2) For specific areas of use, see Table N-1 which tabulates the information contained in this section. References are to the corresponding classification as used in subpart S of this part. [1910.178(c)(2)]
(i) Power-operated industrial trucks shall not be used in atmospheres containing hazardous concentration of acetylene, butadiene, ethylene oxide, hydrogen (or gases or vapors equivalent in hazard to hydrogen, such as manufactured gas), propylene oxide, acetaldehyde, cyclopropane, diethyl ether, ethylene, isoprene, or unsymmetrical dimethyl hydrazine (UDMH). [1910.178(c)(2)(i)]
(ii) [a] Power-operated industrial trucks shall not be used in atmospheres containing hazardous concentrations of metal dust, including aluminum, magnesium, and their commercial alloys, other metals of similarly hazardous characteristics, or in atmospheres containing carbon black, coal or coke dust except approved poweroperated industrial trucks designated as EX may be used in such atmospheres. [1910.178(c)(2)(ii)[a]]
[b] In atmospheres where dust of magnesium, aluminum or aluminum bronze may be present, fuses, switches, motor controllers, and circuit breakers of trucks shall have enclosures specifically approved for such locations. [1910.178(c)(2)(ii)[b]]
(iii) Only approved power-operated industrial trucks designated as EX may be used in atmospheres containing acetone, acrylonitrile, alcohol, ammonia, benzine, benzol, butane, ethylene dichloride, gasoline, hexane, lacquer solvent vapors, naphtha, natural gas, propane, propylene, styrene, vinyl acetate, vinyl chloride, or xylenes in quantities sufficient to produce explosive or ignitable mixtures and where such concentrations of these gases or vapors exist continuously, intermittently or periodically under normal operating conditions or may exist frequently because of repair, maintenance operations, leakage, breakdown or faulty operation of equipment. [1910.178(c)(2)(iii)]
(iv) Power-operated industrial trucks designated as DY, EE, or EX may be used in locations where volatile flammable liquids or flammable gases are handled, processed or used, but in which the hazardous liquids, vapors or gases will normally be confined within closed containers or closed systems from which they can escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment; also in locations in which hazardous concentrations of gases or vapors are normally prevented by positive mechanical ventilation but which might become hazardous through failure or abnormal operation of the ventilating equipment; or in locations which are adjacent to Class I, Division 1 locations, and to which hazardous concentrations of gases or vapors might occasionally be communicated unless such communication is prevented by adequate positive-pressure ventilation from a source of clear air, and effective safeguards against ventilation failure are provided. [1910.178(c)(2)(iv)]
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Table N-1 — Summary Table on Use of Industrial Trucks in Various Locations
Description of classes Locations not possessing atmospheres as described in other columns
Locations in which flammable gases or vapors are, or may be, present in the air in quantities sufficient to produce explosive or ignitible mixtures
Locations which
hazardous because of the presence of combustible dust
§1910.178
Table N-1 — Summary Table on Use of Industrial Trucks in Various Locations (continued)
Examples of locations or atmospheres
Divisions (nature of hazardous conditions)
** Trucks conforming to these types may also be used — see subdivision (c)(2)(x) and (c)(2)(xii) of this section.
(v) In locations used for the storage of hazardous liquids in sealed containers or liquefied or compressed gases in containers, approved power-operated industrial trucks designated as DS, ES, GS, or LPS may be used. This classification includes locations where volatile flammable liquids or flammable gases or vapors are used, but which, would become hazardous only in case of an accident or of some unusual operating condition. The quantity of hazardous material that might escape in case of accident, the adequacy of ventilating equipment, the total area involved, and the record of the industry or business with respect to explosions or fires are all factors that should receive consideration in determining whether or not the DS or DY, ES, EE, GS, LPS designated truck possesses sufficient safeguards for the location. Piping without valves, checks, meters and similar devices would not ordinarily be deemed to introduce a hazardous condition even though used for hazardous liquids or gases. Locations used for the storage of hazardous liquids or of liquified or compressed gases in sealed containers would not normally be considered hazardous unless subject to other hazardous conditions also. [1910.178(c)(2)(v)]
(vi) [a] Only approved power operated industrial trucks designated as EX shall be used in atmospheres in which combustible dust is or may be in suspension continuously, intermittently, or periodically under normal operating conditions, in quantities sufficient to produce explosive or ignitable mixtures, or where mechanical failure or abnormal operation of machinery or equipment might cause such mixtures to be produced. [1910.178(c)(2)(vi)[a]]
[b] The EX classification usually includes the working areas of grain handling and storage plants, room containing grinders or pulverizers, cleaners, graders, scalpers, open conveyors or spouts, open bins or hoppers, mixers, or blenders, automatic or hopper scales, packing machinery, elevator heads and boots, stock distributors, dust and stock collectors (except all-metal collectors vented to the outside), and all similar dust producing machinery and equipment in grain processing plants, starch plants, sugar pulverizing plants, malting plants, hay grinding plants, and other occupancies of similar nature; coal pulverizing plants (except where the pulverizing equipment is essentially dust tight); all working areas where metal dusts and powders are produced, processed, handled, packed, or stored (except in tight containers); and other similar locations where combustible dust may, under normal operating conditions, be present in the air in quantities sufficient to produce explosive or ignitable mixtures. [1910.178(c)(2)(vi)[b]]
(vii) Only approved power-operated industrial trucks designated as DY, EE, or EX shall be used in atmospheres in which combustible dust will not normally be in suspension in the air or will not be likely to be thrown into suspension by the normal operation of equipment or apparatus in quantities sufficient to produce explosive or ignitable mixtures but where deposits or accumulations of such dust may be ignited by arcs or sparks originating in the truck. [1910.178(c)(2)(vii)]
(viii) Only approved power-operated industrial trucks designated as DY, EE, or EX shall be used in locations which are
istle, jute, kapok, oakum, sisal, Spanish moss, synthetic fibers, tow.
hazardous because of the presence of easily ignitable fibers or flyings but in which such fibers or flyings are not likely to be in suspension in the air in quantities sufficient to produce ignitable mixtures. [1910.178(c)(2)(viii)]
(ix) Only approved power-operated industrial trucks designated as DS, DY, ES, EE, EX, GS, or LPS shall be used in locations where easily ignitable fibers are stored or handled, including outside storage, but are not being processed or manufactured. Industrial trucks designated as E, which have been previously used in these locations may be continued in use. [1910.178(c)(2)(ix)]
(x) On piers and wharves handling general cargo, any approved power-operated industrial truck designated as Type D, E, G, or LP may be used, or trucks which conform to the requirements for these types may be used. [1910.178(c)(2)(x)]
(xi) If storage warehouses and outside storage locations are hazardous only the approved power-operated industrial truck specified for such locations in this paragraph (c)(2) shall be used. If not classified as hazardous, any approved power-operated industrial truck designated as Type D, E, G, or LP may be used, or trucks which conform to the requirements for these types may be used. [1910.178(c)(2)(xi)]
(xii) If general industrial or commercial properties are hazardous, only approved power-operated industrial trucks specified for such locations in this paragraph (c)(2) shall be used. If not classified as hazardous, any approved poweroperated industrial truck designated as Type D, E, G, or LP may be used, or trucks which conform to the requirements of these types may be used. [1910.178(c)(2)(xii)]
(d) Converted industrial trucks. Power-operated industrial trucks that have been originally approved for the use of gasoline for fuel, when converted to the use of liquefied petroleum gas fuel in accordance with paragraph (q) of this section, may be used in those locations where G, GS or LP, and LPS designated trucks have been specified in the preceding paragraphs. [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)]
(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 for flushing and neutralizing spilled electrolyte, for fire protection, for protecting charging apparatus from damage by trucks, and for adequate ventilation for dispersal of fumes from gassing batteries. [1910.178(g)(2)]
(3) [Reserved] [1910.178(g)(3)]
(4) A conveyor, overhead hoist, or equivalent material handling equipment shall be provided for handling batteries. [1910.178(g)(4)]
(5) Reinstalled batteries shall be properly positioned and secured in the truck. [1910.178(g)(5)]
(6) A carboy tilter or siphon shall be provided for handling electrolyte. [1910.178(g)(6)]
(7) When charging batteries, acid shall be poured into water; water shall not be poured into acid. [1910.178(g)(7)]
(8) Trucks shall be properly positioned and brake applied before attempting to change or charge batteries. [1910.178(g)(8)]
(9) Care shall be taken to assure that vent caps are functioning. The battery (or compartment) cover(s) shall be open to dissipate heat. [1910.178(g)(9)]
(10) Smoking shall be prohibited in the charging area. [1910.178(g)(10)]
(11) Precautions shall be taken to prevent open flames, sparks, or electric arcs in battery charging areas. [1910.178(g)(11)]
(12) Tools and other metallic objects shall be kept away from the top of uncovered batteries. [1910.178(g)(12)]
(h) Lighting for operating areas. [1910.178(h)]
(1) [Reserved] [1910.178(h)(1)]
(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. [1910.178(i)]
(1) Concentration levels of carbon monoxide gas created by powered industrial truck operations shall not exceed the levels specified in §1910.1000. [1910.178(i)(1)]
(j) Dockboards (bridge plates). See subpart D of this part. [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)]
(2) Wheel stops or other recognized positive protection shall be provided to prevent railroad cars from moving during loading or unloading operations. [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 to prevent railroad cars from being moved while dockboards or bridge plates are in position. [1910.178(k)(4)]
(l) Operator training. [1910.178(l)]
(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)]
(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]]
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.178
Selected 1910 General Industry Standards
(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 nearmiss 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. If an operator has previously received training in a topic specified in paragraph (l)(3) of this section, and such training is appropriate to the truck and working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the truck safely. [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. The employer shall ensure that operators of powered industrial trucks are trained, as appropriate, by the dates shown in the following table. [1910.178(l)(7)]
If the employee was hired: The initial training and evaluation of that employee must be completed:
Before December 1, 1999By December 1, 1999.
After December 1, 1999
Before the employee is assigned to operate a powered industrial truck.
(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 to prevent movement of trucks, trailers, or railroad cars while loading or unloading. Fixed jacks may be necessary to support a semitrailer during loading or unloading when the trailer is not coupled to a tractor. The flooring of trucks, trailers, and railroad cars shall be checked for breaks and weakness before they are driven onto. [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 to ambulances, fire trucks, or other vehicles in emergency situations. [1910.178(n)(2)]
(3) Other trucks traveling in the same direction at intersections, blind spots, or other dangerous locations shall not be passed.
[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 possible. Parking closer than 8 feet from the center of railroad tracks is prohibited. [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. [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 for wet and slippery floors. [1910.178(n)(10)]
(11) Dockboard or bridgeplates, shall be properly secured before they are driven over. Dockboard or bridgeplates shall be driven over carefully and slowly and their rated capacity never exceeded. [1910.178(n)(11)]
Stability of Powered Industrial Trucks
(12) Elevators shall be approached slowly, and then entered squarely after the elevator car is properly leveled. Once on the elevator, the controls shall be neutralized, power shut off, and the brakes set. [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 surface shall be avoided. [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 under the load as far as possible; the mast shall be carefully tilted backward to stabilize the load. [1910.178(o)(5)]
(6) Extreme care shall be used when tilting the load forward or backward, particularly when high tiering. Tilting forward with load engaging means elevated shall be prohibited except to pick up a load. An elevated load shall not be tilted forward except when the load is in a deposit position over a rack or stack. When stacking or tiering, only enough backward tilt to stabilize the load shall be used. [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 of industrial trucks which involve fire hazards shall be conducted only in locations designated for such repairs. [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 requiring replacement shall be replaced only by parts equivalent as to safety with those used in the original design. [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.
(8) Water mufflers shall be filled daily or as frequently as is necessary to prevent depletion of the supply of water below 75 percent of the filled capacity. Vehicles with mufflers having screens or other parts that may become clogged shall not be operated while such screens or parts are clogged. Any vehicle that emits hazardous sparks or flames from the exhaust sys-
tem shall immediately be removed from service, and not returned to service until the cause for the emission of such sparks and flames has been eliminated. [1910.178(q)(8)]
(9) When the temperature of any part of any truck is found to be in excess of its normal operating temperature, thus creating a hazardous condition, the vehicle shall be removed from service and not returned to service until the cause for such overheating has been eliminated. [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 of gasoline for fuel may be converted to liquefied petroleum gas fuel provided the complete conversion results in a truck which embodies the features specified for LP or LPS designated trucks. Such conversion equipment shall be approved. The description of the component parts of this conversion system and the recommended method of installation on specific trucks are contained in the "Listed by Report." [1910.178(q)(12)]
§1910.178 Appendix A
Stability of Powered Industrial Trucks (Non-mandatory Appendix to Paragraph (l) of This Section)
Stability of Powered Industrial Trucks
A-1. Definitions.
The following definitions help to explain the principle of stability:
Center of gravity is the point on an object at which all of the object's weight is concentrated. For symmetrical loads, the center of gravity is at the middle of the load.
Counterweight is the weight that is built into the truck's basic structure and is used to offset the load's weight and to maximize the vehicle's resistance to tipping over.
Fulcrum is the truck's axis of rotation when it tips over.
Grade is the slope of a surface, which is usually measured as the number of feet of rise or fall over a hundred foot horizontal distance (the slope is expressed as a percent).
Lateral stability is a truck's resistance to overturning sideways. Line of action is an imaginary vertical line through an object's center of gravity.
Load center is the horizontal distance from the load's edge (or the fork's or other attachment's vertical face) to the line of action through the load's center of gravity.
Longitudinal stability is the truck's resistance to overturning forward or rearward.
Moment is the product of the object's weight times the distance from a fixed point (usually the fulcrum). In the case of a powered industrial truck, the distance is measured from the point at which the truck will tip over to the object's line of action. The distance is always measured perpendicular to the line of action.
Track is the distance between the wheels on the same axle of the truck. Wheelbase is the distance between the centerline of the vehicle's front and rear wheels.
A-2. General.
A-2.1. Determining the stability of a powered industrial truck is simple once a few basic principles are understood. There are many factors that contribute to a vehicle's stability: the vehicle's wheelbase, track, and height; the load's weight distribution; and the vehicle's counterweight location (if the vehicle is so equipped).
A-2.2. The "stability triangle," used in most stability discussions, demonstrates stability simply.
A-3. Basic Principles.
A-3.1. Whether an object is stable depends on the object's moment at one end of a system being greater than, equal to, or smaller than the object's moment at the system's other end. This principle can be seen in the way a see-saw or teeter-totter works: that is, if the product of the load and distance from the fulcrum (moment) is equal to the moment at the device's other end, the device is balanced and it will not move. However, if there is a greater moment at one end of the device, the device will try to move downward at the end with the greater moment.
A-3.2. The longitudinal stability of a counterbalanced powered industrial truck depends on the vehicle's moment and the load's moment. In other words, if the mathematic product of the load moment (the distance from the front wheels, the approximate point at which the vehicle would tip forward) to the load's center of gravity times the load's weight is less than the
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.401
Selected 1910 General Industry Standards
vehicle's moment, the system is balanced and will not tip forward. However, if the load's moment is greater than the vehicle's moment, the greater load-moment will force the truck to tip forward.
A-4. The Stability Triangle.
A-4.1. Almost all counterbalanced powered industrial trucks have a three-point suspension system, that is, the vehicle is supported at three points. This is true even if the vehicle has four wheels. The truck's steer axle is attached to the truck by a pivot pin in the axle's center. When the points are connected with imaginary lines, this three-point support forms a triangle called the stability triangle. Figure 1 depicts the stability triangle.
FIGURE 1
Vehicle Center of Gravity (Unloaded)
C Center of Gravity of Vehicle and Maximum Load (Theoretical)
Notes:
1. When the vehicle is loaded, the combined center of gravity (CG) shifts toward line B-C. Theoretically the maximum load will result in the CG at the line B-C. In actual practice, the combined CG should never be at line B-C.
2. The addition of additional counterweight will cause the truck CG to shift toward point A and result in a truck that is less stable laterally.
A-4.2. When the vehicle's line of action, or load center, falls within the stability triangle, the vehicle is stable and will not tip over. However, when the vehicle's line of action or the vehicle/load combination falls outside the stability triangle, the vehicle is unstable and may tip over. (See Figure 2.)
FIGURE 2
TruckCG Thevehicleisstable Vertical Stability Line (LineofAction)
A-5. Longitudinal Stability.
Vertical Stability Line (LineofAction)
Thisvehicleisunstableand willcontinuetotipover TruckCG
A-5.1. The axis of rotation when a truck tips forward is the front wheels' points of contact with the pavement. When a powered industrial truck tips forward, the truck will rotate about this line. When a truck is stable, the vehicle-moment must exceed the load-moment. As long as the vehicle-moment is equal to or exceeds the load-moment, the vehicle will not tip over. On the other hand, if the load moment slightly exceeds the vehicle-
moment, the truck will begin to tip forward, thereby causing the rear to lose contact with the floor or ground and resulting in loss of steering control. If the load-moment greatly exceeds the vehicle moment, the truck will tip forward.
A-5.2. To determine the maximum safe load-moment, the truck manufacturer normally rates the truck at a maximum load at a given distance from the front face of the forks. The specified distance from the front face of the forks to the line of action of the load is commonly called the load center. Because larger trucks normally handle loads that are physically larger, these vehicles have greater load centers. Trucks with a capacity of 30,000 pounds or less are normally rated at a given load weight at a 24-inch load center. Trucks with a capacity greater than 30,000 pounds are normally rated at a given load weight at a 36- or 48-inch load center. To safely operate the vehicle, the operator should always check the data plate to determine the maximum allowable weight at the rated load center.
A-5.3.Although the true load-moment distance is measured from the front wheels, this distance is greater than the distance from the front face of the forks. Calculating the maximum allowable load-moment using the load-center distance always provides a lower load-moment than the truck was designed to handle. When handling unusual loads, such as those that are larger than 48 inches long (the center of gravity is greater than 24 inches) or that have an offset center of gravity, etc., a maximum allowable load-moment should be calculated and used to determine whether a load can be safely handled. For example, if an operator is operating a 3000 pound capacity truck (with a 24-inch load center), the maximum allowable load- moment is 72,000 inch-pounds (3,000 times 24). If a load is 60 inches long (30-inch load center), then the maximum that this load can weigh is 2,400 pounds (72,000 divided by 30).
A-6.Lateral Stability.
A-6.1.The vehicle's lateral stability is determined by the line of action's position (a vertical line that passes through the combined vehicle's and load's center of gravity) relative to the stability triangle. When the vehicle is not loaded, the truck's center of gravity location is the only factor to be considered in determining the truck's stability. As long as the line of action of the combined vehicle's and load's center of gravity falls within the stability triangle, the truck is stable and will not tip over. However, if the line of action falls outside the stability triangle, the truck is not stable and may tip over. Refer to Figure 2.
A-6.2.Factors that affect the vehicle's lateral stability include the load's placement on the truck, the height of the load above the surface on which the vehicle is operating, and the vehicle's degree of lean.
A-7.Dynamic Stability.
A-7.1.Up to this point, the stability of a powered industrial truck has been discussed without considering the dynamic forces that result when the vehicle and load are put into motion. The weight's transfer and the resultant shift in the center of gravity due to the dynamic forces created when the machine is moving, braking, cornering, lifting, tilting, and lowering loads, etc., are important stability considerations.
A-7.2.When determining whether a load can be safely handled, the operator should exercise extra caution when handling loads that cause the vehicle to approach its maximum design characteristics. For example, if an operator must handle a maximum load, the load should be carried at the lowest position possible, the truck should be accelerated slowly and evenly, and the forks should be tilted forward cautiously. However, no precise rules can be formulated to cover all of these eventualities.
[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 43 FR 49749, Oct. 24, 1978; 49 FR 5322, Feb. 10, 1984; 53 FR 12122, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 61 FR 9239, Mar. 7, 1996; 63 FR 66270, Dec. 1, 1998; 68 FR 32638, June 2, 2003; 71 FR 16672, Apr. 3, 2006; 81 FR 83005, Nov. 18, 2016] GENERAL
§1910.401 Scope and application Scope and application
(a) Scope. [1910.401(a)]
(1) This subpart (standard) applies to every place of employment within the waters of the United States, or within any State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Johnston Island, the Canal Zone, or within the Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act (67 Stat. 462, 43 U.S.C. 1331), where diving and related support operations are performed. [1910.401(a)(1)]
(2) This standard applies to diving and related support operations conducted in connection with all types of work and employments,
including general industry, construction, ship repairing, shipbuilding, shipbreaking and longshoring. However, this standard does not apply to any diving operation: [1910.401(a)(2)]
(i) Performed solely for instructional purposes, using open-circuit, compressed-air SCUBA and conducted within the nodecompression limits; [1910.401(a)(2)(i)]
(ii) Performed solely for search, rescue, or related public safety purposes by or under the control of a governmental agency; or [1910.401(a)(2)(ii)]
(iii) Governed by 45 CFR part 46 (Protection of Human Subjects, U.S. Department of Health and Human Services) or equivalent rules or regulations established by another federal agency, which regulate research, development, or related purposes involving human subjects. [1910.401(a)(2)(iii)]
(iv) Defined as scientific diving and which is under the direction and control of a diving program containing at least the following elements: [1910.401(a)(2)(iv)]
[A] Diving safety manual which includes at a minimum: Procedures covering all diving operations specific to the program; procedures for emergency care, including recompression and evacuation; and criteria for diver training and certification. [1910.401(a)(2)(iv)[A]]
[B] Diving control (safety) board, with the majority of its members being active divers, which shall at a minimum have the authority to: Approve and monitor diving projects; review and revise the diving safety manual; assure compliance with the manual; certify the depths to which a diver has been trained; take disciplinary action for unsafe practices; and, assure adherence to the buddy system (a diver is accompanied by and is in continuous contact with another diver in the water) for SCUBA diving. [1910.401(a)(2)(iv)[B]]
(3) Alternative requirements for recreational diving instructors and diving guides. Employers of recreational diving instructors and diving guides are not required to comply with the decompression-chamber requirements specified by paragraphs (b)(2) and (c)(3)(iii) of §1910.423 and paragraph (b)(1) of §1910.426 when they meet all of the following conditions: [1910.401(a)(3)]
(i) The instructor or guide is engaging solely in recreational diving instruction or dive-guiding operations; [1910.401(a)(3)(i)]
(ii) The instructor or guide is diving within the no-decompression limits in these operations; [1910.401(a)(3)(ii)]
(iii) The instructor or guide is using a nitrox breathing-gas mixture consisting of a high percentage of oxygen (more than 22% by volume) mixed with nitrogen; [1910.401(a)(3)(iii)]
(iv) The instructor or guide is using an open-circuit, semiclosed-circuit, or closed-circuit self-contained underwater breathing apparatus (SCUBA); and [1910.401(a)(3)(iv)]
(v) The employer of the instructor or guide is complying with all requirements of Appendix C of this subpart. [1910.401(a)(3)(v)]
(b) Application in emergencies. An employer may deviate from the requirements of this standard to the extent necessary to prevent or minimize a situation which is likely to cause death, serious physical harm, or major environmental damage, provided that the employer: [1910.401(b)]
(1) Notifies the Area Director, Occupational Safety and Health Administration within 48 hours of the onset of the emergency situation indicating the nature of the emergency and extent of the deviation from the prescribed regulations; and [1910.401(b)(1)]
(2) Upon request from the Area Director, submits such information in writing. [1910.401(b)(2)]
(c) Employer obligation. The employer shall be responsible for compliance with: [1910.401(c)]
(1) All provisions of this standard of general applicability; and [1910.401(c)(1)]
(2) All requirements pertaining to specific diving modes to the extent diving operations in such modes are conducted. [1910.401(c)(2)]
[42 FR 37668, July 22, 1977, as amended at 47 FR 53365, Nov. 26, 1982; 58 FR 35310, June 30, 1993; 69 FR 7363, Feb. 17, 2004]
§1910.402
Definitions
As used in this standard, the listed terms are defined as follows:
Acfm: Actual cubic feet per minute.
ASME Code or equivalent: ASME (American Society of Mechanical Engineers) Boiler and Pressure Vessel Code, Section VIII, or an equivalent code which the employer can demonstrate to be equally effective.
ATA: Atmosphere absolute.
Bell: An enclosed compartment, pressurized (closed bell) or unpressurized (open bell), which allows the diver to be transported to and from the underwater work area and which may be used as a temporary refuge during diving operations.
Bottom time: The total elasped time measured in minutes from the time when the diver leaves the surface in descent to the time that the diver begins ascent.
Bursting pressure: The pressure at which a pressure containment device would fail structurally.
Cylinder: A pressure vessel for the storage of gases.
Decompression chamber: A pressure vessel for human occupancy such as a surface decompression chamber, closed bell, or deep diving system used to decompress divers and to treat decompression sickness.
Decompression sickness: A condition with a variety of symptoms which may result from gas or bubbles in the tissues of divers after pressure reduction.
Decompression table: A profile or set of profiles of depth-time relationships for ascent rates and breathing mixtures to be followed after a specific depth-time exposure or exposures.
Dive-guiding operations means leading groups of sports divers, who use an open-circuit, semi-closed-circuit, or closed-circuit selfcontained underwater breathing apparatus, to local undersea diving locations for recreational purposes.
Dive location: A surface or vessel from which a diving operation is conducted.
Dive-location reserve breathing gas: A supply system of air or mixed-gas (as appropriate) at the dive location which is independent of the primary supply system and sufficient to support divers during the planned decompression.
Dive team: Divers and support employees involved in a diving operation, including the designated person-in-charge.
Diver: An employee working in water using underwater apparatus which supplies compressed breathing gas at the ambient pressure.
Diver-carried reserve breathing gas: A diver-carried supply of air or mixed gas (as appropriate) sufficient under standard operating conditions to allow the diver to reach the surface, or another source of breathing gas, or to be reached by a standby diver.
Diving mode: A type of diving requiring specific equipment, procedures and techniques (SCUBA, surface-supplied air, or mixed gas).
Fsw: Feet of seawater (or equivalent static pressure head).
Heavy gear: Diver-worn deep-sea dress including helmet, breastplate, dry suit, and weighted shoes.
Hyperbaric conditions: Pressure conditions in excess of surface pressure.
Inwater stage: A suspended underwater platform which supports a diver in the water.
Liveboating: The practice of supporting a surfaced-supplied air or mixed gas diver from a vessel which is underway.
Mixed-gas diving: A diving mode in which the diver is supplied in the water with a breathing gas other than air.
No-decompression limits: The depth-time limits of the "no-decompression limits and repetitive dive group designation table for nodecompression air dives", U.S. Navy Diving Manual or equivalent limits which the employer can demonstrate to be equally effective.
Psi(g): Pounds per square inch (gauge).
Recreational diving instruction means training diving students in the use of recreational diving procedures and the safe operation of diving equipment, including an open-circuit, semi-closed-circuit, or closed-circuit self-contained underwater breathing apparatus, during dives.
Scientific diving means diving performed solely as a necessary part of a scientific, research, or educational activity by employees whose sole purpose for diving is to perform scientific research tasks. Scientific diving does not include performing any tasks usually associated with commercial diving such as: Placing or removing heavy objects underwater; inspection of pipelines and similar objects; construction; demolition; cutting or welding; or the use of explosives.
SCUBA diving: A diving mode independent of surface supply in which the diver uses open circuit self-contained underwater breathing apparatus.
Standby diver: A diver at the dive location available to assist a diver in the water.
Surface-supplied air diving: A diving mode in which the diver in the water is supplied from the dive location with compressed air for breathing.
Treatment table: A depth-time and breathing gas profile designed to treat decompression sickness.
Umbilical: The composite hose bundle between a dive location and a diver or bell, or between a diver and a bell, which supplies the diver or bell with breathing gas, communications, power, or heat as appropriate to the diving mode or conditions, and includes a safety line between the diver and the dive location.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.410
Selected 1910 General Industry Standards
Volume tank: A pressure vessel connected to the outlet of a compressor and used as an air reservoir.
Working pressure : The maximum pressure to which a pressure containment device may be exposed under standard operating conditions.
[42 FR 37668, July 22, 1977, as amended at 47 FR 53365, Nov. 26, 1982; 69 FR 7363, Feb. 17, 2004]
PERSONNEL REQUIREMENTS
§1910.410
Qualifications of dive team
(a) General. [1910.410(a)]
(1) Each dive team member shall have the experience or training necessary to perform assigned tasks in a safe and healthful manner. [1910.410(a)(1)]
(2) Each dive team member shall have experience or training in the following: [1910.410(a)(2)]
(i) The use of tools, equipment and systems relevant to assigned tasks; [1910.410(a)(2)(i)]
(ii) Techniques of the assigned diving mode: and [1910.410(a)(2)(ii)]
(iii) Diving operations and emergency procedures. [1910.410(a)(2)(iii)]
(3) All dive team members shall be trained in cardiopulmonary resuscitation and first aid (American Red Cross standard course or equivalent). [1910.410(a)(3)]
(4) Dive team members who are exposed to or control the exposure of others to hyperbaric conditions shall be trained in diving-related physics and physiology. [1910.410(a)(4)]
(b) Assignments. [1910.410(b)]
(1) Each dive team member shall be assigned tasks in accordance with the employee's experience or training, except that limited additional tasks may be assigned to an employee undergoing training provided that these tasks are performed under the direct supervision of an experienced dive team member. [1910.410(b)(1)]
(2) The employer shall not require a dive team member to be exposed to hyperbaric conditions against the employee's will, except when necessary to complete decompression or treatment procedures. [1910.410(b)(2)]
(3) The employer shall not permit a dive team member to dive or be otherwise exposed to hyperbaric conditions for the duration of any temporary physical impairment or condition which is known to the employer and is likely to affect adversely the safety or health of a dive team member.
[1910.410(b)(3)]
(c) Designated person-in-charge. [1910.410(c)]
(1) The employer or an employee designated by the employer shall be at the dive location in charge of all aspects of the diving operation affecting the safety and health of dive team members. [1910.410(c)(1)]
(2) The designated person-in-charge shall have experience and training in the conduct of the assigned diving operation. [1910.410(c)(2)]
GENERAL OPERATIONS PROCEDURES
§1910.420
Safe practices manual
(a) General. The employer shall develop and maintain a safe practices manual which shall be made available at the dive location to each dive team member. [1910.420(a)]
(b) Contents. [1910.420(b)]
(1) The safe practices manual shall contain a copy of this standard and the employer's policies for implementing the requirements of this standard. [1910.420(b)(1)]
(2) For each diving mode engaged in, the safe practices manual shall include: [1910.420(b)(2)]
(i) Safety procedures and checklists for diving operations; [1910.420(b)(2)(i)]
(ii) Assignments and responsibilities of the dive team members; [1910.420(b)(2)(ii)]
(iii) Equipment procedures and checklists; and [1910.420(b)(2)(iii)]
(iv) Emergency procedures for fire, equipment failure, adverse environmental conditions, and medical illness and injury. [1910.420(b)(2)(iv)]
[42 FR 37668, July 22, 1977, as amended at 49 FR 18295, Apr. 30, 1984]
§1910.421
Pre-dive procedures
(a) General. The employer shall comply with the following requirements prior to each diving operation, unless otherwise specified. [1910.421(a)]
(b) Emergency aid. A list shall be kept at the dive location of the telephone or call numbers of the following: [1910.421(b)]
(1) An operational decompression chamber (if not at the dive location); [1910.421(b)(1)]
(2) Accessible hospitals; [1910.421(b)(2)]
(3) Available physicians; [1910.421(b)(3)]
(4) Available means of transportation; and [1910.421(b)(4)]
(5) The nearest U.S. Coast Guard Rescue Coordination Center. [1910.421(b)(5)]
(c) First aid supplies. [1910.421(c)]
(1) A first aid kit appropriate for the diving operation and approved by a physician shall be available at the dive location. [1910.421(c)(1)]
(2) When used in a decompression chamber or bell, the first aid kit shall be suitable for use under hyperbaric conditions. [1910.421(c)(2)]
(3) In addition to any other first aid supplies, an American Red Cross standard first aid handbook or equivalent, and a bagtype manual resuscitator with transparent mask and tubing shall be available at the dive location. [1910.421(c)(3)]
(d) Planning and assessment. Planning of a diving operation shall include an assessment of the safety and health aspects of the following: [1910.421(d)]
(1) Diving mode; [1910.421(d)(1)]
(2) Surface and underwater conditions and hazards; [1910.421(d)(2)]
(3) Breathing gas supply (including reserves); [1910.421(d)(3)]
(4) Thermal protection; [1910.421(d)(4)]
(5) Diving equipment and systems; [1910.421(d)(5)]
(6) Dive team assignments and physical fitness of dive team members (including any impairment known to the employer); [1910.421(d)(6)]
(7) Repetitive dive designation or residual inert gas status of dive team members; [1910.421(d)(7)]
(8) Decompression and treatment procedures (including altitude corrections); and [1910.421(d)(8)]
(9) Emergency procedures. [1910.421(d)(9)]
(e) Hazardous activities. To minimize hazards to the dive team, diving operations shall be coordinated with other activities in the vicinity which are likely to interfere with the diving operation. [1910.421(e)]
(f) Employee briefing. [1910.421(f)]
(1) Dive team members shall be briefed on: [1910.421(f)(1)]
(i) The tasks to be undertaken; [1910.421(f)(1)(i)]
(ii) Safety procedures for the diving mode; [1910.421(f)(1)(ii)]
(iii) Any unusual hazards or environmental conditions likely to affect the safety of the diving operation; and [1910.421(f)(1)(iii)]
(iv) Any modifications to operating procedures necessitated by the specific diving operation. [1910.421(f)(1)(iv)]
(2) Prior to making individual dive team member assignments, the employer shall inquire into the dive team member's current state of physical fitness, and indicate to the dive team member the procedure for reporting physical problems or adverse physiological effects during and after the dive. [1910.421(f)(2)]
(g) Equipment inspection. The breathing gas supply system including reserve breathing gas supplies, masks, helmets, thermal protection, and bell handling mechanism (when appropriate) shall be inspected prior to each dive. [1910.421(g)]
(h) Warning signal. When diving from surfaces other than vessels in areas capable of supporting marine traffic, a rigid replica of the international code flag "A" at least one meter in height shall be displayed at the dive location in a manner which allows all-round visibility, and shall be illuminated during night diving operations. [1910.421(h)]
[42 FR 37668, July 22, 1977, as amended at 47 FR 14706, Apr. 6, 1982; 54 FR 24334, June 7, 1989]
Procedures during dive Procedures during dive
(a) General. The employer shall comply with the following requirements which are applicable to each diving operation unless otherwise specified. [1910.422(a)]
(b) Water entry and exit. [1910.422(b)]
(1) A means capable of supporting the diver shall be provided for entering and exiting the water. [1910.422(b)(1)]
(2) The means provided for exiting the water shall extend below the water surface. [1910.422(b)(2)]
(3) A means shall be provided to assist an injured diver from the water or into a bell. [1910.422(b)(3)]
(c) Communications. [1910.422(c)]
Post-dive procedures
(1) An operational two-way voice communication system shall be used between: [1910.422(c)(1)]
(i) Each surface-supplied air or mixed-gas diver and a dive team member at the dive location or bell (when provided or required); and [1910.422(c)(1)(i)]
(ii) The bell and the dive location. [1910.422(c)(1)(ii)]
(2) An operational, two-way communication system shall be available at the dive location to obtain emergency assistance. [1910.422(c)(2)]
(d) Decompression tables. Decompression, repetitive, and no-decompression tables (as appropriate) shall be at the dive location. [1910.422(d)]
(e) Dive profiles. A depth-time profile, including when appropriate any breathing gas changes, shall be maintained for each diver during the dive including decompression. [1910.422(e)]
(f) Hand-held power tools and equipment. [1910.422(f)]
(1) Hand-held electrical tools and equipment shall be de-energized before being placed into or retrieved from the water. [1910.422(f)(1)]
(2) Hand-held power tools shall not be supplied with power from the dive location until requested by the diver. [1910.422(f)(2)]
(g) Welding and burning. [1910.422(g)]
(1) A current supply switch to interrupt the current flow to the welding or burning electrode shall be: [1910.422(g)(1)]
(i) Tended by a dive team member in voice communication with the diver performing the welding or burning; and [1910.422(g)(1)(i)]
(ii) Kept in the open position except when the diver is welding or burning. [1910.422(g)(1)(ii)]
(2) The welding machine frame shall be grounded. [1910.422(g)(2)]
(3) Welding and burning cables, electrode holders, and connections shall be capable of carrying the maximum current required by the work, and shall be properly insulated. [1910.422(g)(3)]
(4) Insulated gloves shall be provided to divers performing welding and burning operations. [1910.422(g)(4)]
(5) Prior to welding or burning on closed compartments, structures or pipes, which contain a flammable vapor or in which a flammable vapor may be generated by the work, they shall be vented, flooded, or purged with a mixture of gases which will not support combustion. [1910.422(g)(5)]
(h) Explosives. [1910.422(h)]
(1) Employers shall transport, store, and use explosives in accordance with this section and the applicable provisions of §1910.109 and §1926.912 of Title 29 of the Code of Federal Regulations. [1910.422(h)(1)]
(2) Electrical continuity of explosive circuits shall not be tested until the diver is out of the water. [1910.422(h)(2)]
(3) Explosives shall not be detonated while the diver is in the water. [1910.422(h)(3)]
(i) Termination of dive. The working interval of a dive shall be terminated when: [1910.422(i)]
(1) A diver requests termination; [1910.422(i)(1)]
(2) A diver fails to respond correctly to communications or signals from a dive team member; [1910.422(i)(2)]
(3) Communications are lost and can not be quickly re-established between the diver and a dive team member at the dive location, and between the designated person-in-charge and the person controlling the vessel in liveboating operations; or [1910.422(i)(3)]
(4) A diver begins to use diver-carried reserve breathing gas or the dive-location reserve breathing gas. [1910.422(i)(4)]
§1910.423
Post-dive procedures
(a) General. The employer shall comply with the following requirements which are applicable after each diving operation, unless otherwise specified. [1910.423(a)]
(b) Precautions. [1910.423(b)]
(1) After the completion of any dive, the employer shall: [1910.423(b)(1)]
(i) Check the physical condition of the diver; [1910.423(b)(1)(i)]
(ii) Instruct the diver to report any physical problems or adverse physiological effects including symptoms of decompression sickness; [1910.423(b)(1)(ii)]
(iii) Advise the diver of the location of a decompression chamber which is ready for use; and [1910.423(b)(1)(iii)]
(iv) Alert the diver to the potential hazards of flying after diving. [1910.423(b)(1)(iv)]
(2) For any dive outside the no-decompression limits, deeper than 100 fsw or using mixed gas as a breathing mixture, the employer shall instruct the diver to remain awake and in the vicinity of the decompression chamber which is at the dive location for at least one hour after the dive (including decompression or treatment as appropriate). [1910.423(b)(2)]
(c) Recompression capability. [1910.423(c)]
(1) A decompression chamber capable of recompressing the diver at the surface to a minimum of 165 fsw (6 ATA) shall be available at the dive location for: [1910.423(c)(1)]
(i) Surface-supplied air diving to depths deeper than 100 fsw and shallower than 220 fsw; [1910.423(c)(1)(i)]
(ii) Mixed gas diving shallower than 300 fsw; or [1910.423(c)(1)(ii)]
(iii) Diving outside the no-decompression limits shallower than 300 fsw. [1910.423(c)(1)(iii)]
(2) A decompression chamber capable of recompressing the diver at the surface to the maximum depth of the dive shall be available at the dive location for dives deeper than 300 fsw. [1910.423(c)(2)]
(3) The decompression chamber shall be: [1910.423(c)(3)]
(i) Dual-lock; [1910.423(c)(3)(i)]
(ii) Multiplace; and [1910.423(c)(3)(ii)]
(iii) Located within 5 minutes of the dive location.
[1910.423(c)(3)(iii)]
(4) The decompression chamber shall be equipped with:
[1910.423(c)(4)]
(i) A pressure gauge for each pressurized compartment designed for human occupancy; [1910.423(c)(4)(i)]
(ii) A built-in-breathing-system with a minimum of one mask per occupant; [1910.423(c)(4)(ii)]
(iii) A two-way voice communication system between occupants and a dive team member at the dive location;
[1910.423(c)(4)(iii)]
(iv) A viewport; and [1910.423(c)(4)(iv)]
(v) Illumination capability to light the interior. [1910.423(c)(4)(v)]
(5) Treatment tables, treatment gas appropriate to the diving mode, and sufficient gas to conduct treatment shall be available at the dive location. [1910.423(c)(5)]
(6) A dive team member shall be available at the dive location during and for at least one hour after the dive to operate the decompression chamber (when required or provided).
[1910.423(c)(6)]
(d) Record of dive. [1910.423(d)]
(1) The following information shall be recorded and maintained for each diving operation: [1910.423(d)(1)]
(i) Names of dive team members including designated personin- charge; [1910.423(d)(1)(i)]
(ii) Date, time, and location; [1910.423(d)(1)(ii)]
(iii) Diving modes used; [1910.423(d)(1)(iii)]
(iv) General nature of work performed; [1910.423(d)(1)(iv)]
(v) Approximate underwater and surface conditions (visibility, water temperature and current); and [1910.423(d)(1)(v)]
(vi) Maximum depth and bottom time for each diver. [1910.423(d)(1)(vi)]
(2) For each dive outside the no-decompression limits, deeper than 100 fsw or using mixed gas, the following additional information shall be recorded and maintained: [1910.423(d)(2)]
(i) Depth-time and breathing gas profiles; [1910.423(d)(2)(i)]
(ii) Decompression table designation (including modification); and [1910.423(d)(2)(ii)]
(iii) Elapsed time since last pressure exposure if less than 24 hours or repetitive dive designation for each diver. [1910.423(d)(2)(iii)]
(3) For each dive in which decompression sickness is suspected or symptoms are evident, the following additional information shall be recorded and maintained: [1910.423(d)(3)]
(i) Description of decompression sickness symptoms (including depth and time of onset); and [1910.423(d)(3)(i)]
(ii) Description and results of treatment. [1910.423(d)(3)(ii)]
(e) Decompression procedure assessment. The employer shall: [1910.423(e)]
(1) Investigate and evaluate each incident of decompression sickness based on the recorded information, consideration of the past performance of decompression table used, and individual susceptibility; [1910.423(e)(1)]
(2) Take appropriate corrective action to reduce the probability of recurrence of decompression sickness; and [1910.423(e)(2)]
(3) Prepare a written evaluation of the decompression procedure assessment, including any corrective action taken, within 45 days of the incident of decompression sickness. [1910.423(e)(3)]
[42 FR 37668, July 22, 1977, as amended at 49 FR 18295, Apr. 30, 1984]
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.424
Selected 1910 General Industry Standards
SPECIFIC OPERATIONS PROCEDURES
§1910.424
SCUBA diving
(a) General. Employers engaged in SCUBA diving shall comply with the following requirements, unless otherwise specified.
[1910.424(a)]
(b) Limits. SCUBA diving shall not be conducted: [1910.424(b)]
(1) At depths deeper than 130 fsw; [1910.424(b)(1)]
(2) At depths deeper than 100 fsw or outside the no-decompression limits unless a decompression chamber is ready for use; [1910.424(b)(2)]
(3) Against currents exceeding one (1) knot unless line-tended; or [1910.424(b)(3)]
(4) In enclosed or physically confining spaces unless line-tended. [1910.424(b)(4)]
(c) Procedures. [1910.424(c)]
(1) A standby diver shall be available while a diver is in the water. [1910.424(c)(1)]
(2) A diver shall be line-tended from the surface, or accompanied by another diver in the water in continuous visual contact during the diving operations. [1910.424(c)(2)]
(3) A diver shall be stationed at the underwater point of entry when diving is conducted in enclosed or physically confining spaces.
[1910.424(c)(3)]
(4) A diver-carried reserve breathing gas supply shall be provided for each diver consisting of: [1910.424(c)(4)]
(i) A manual reserve (J valve); or [1910.424(c)(4)(i)]
(ii) An independent reserve cylinder with a separate regulator or connected to the underwater breathing apparatus.
[1910.424(c)(4)(ii)]
(5) The valve of the reserve breathing gas supply shall be in the closed position prior to the dive. [1910.424(c)(5)]
Surface-supplied air diving
(a) General. Employers engaged in surface-supplied air diving shall comply with the following requirements, unless otherwise specified.
[1910.425(a)]
(b) Limits. [1910.425(b)]
(1) Surface-supplied air diving shall not be conducted at depths deeper than 190 fsw, except that dives with bottom times of 30 minutes or less may be conducted to depths of 220 fsw. [1910.425(b)(1)]
(2) A decompression chamber shall be ready for use at the dive location for any dive outside the no-decompression limits or deeper than 100 fsw. [1910.425(b)(2)]
(3) A bell shall be used for dives with an inwater decompression time greater than 120 minutes, except when heavy gear is worn or diving is conducted in physically confining spaces. [1910.425(b)(3)]
(c) Procedures. [1910.425(c)]
(1) Each diver shall be continuously tended while in the water. [1910.425(c)(1)]
(2) A diver shall be stationed at the underwater point of entry when diving is conducted in enclosed or physically confining spaces. [1910.425(c)(2)]
(3) Each diving operation shall have a primary breathing gas supply sufficient to support divers for the duration of the planned dive including decompression. [1910.425(c)(3)]
(4) For dives deeper than 100 fsw or outside the no-decompression limits: [1910.425(c)(4)]
(i) A separate dive team member shall tend each diver in the water; [1910.425(c)(4)(i)]
(ii) A standby diver shall be available while a diver is in the water; [1910.425(c)(4)(ii)]
(iii) A diver-carried reserve breathing gas supply shall be provided for each diver except when heavy gear is worn; and [1910.425(c)(4)(iii)]
(iv) A dive-location reserve breathing gas supply shall be provided. [1910.425(c)(4)(iv)]
(5) For heavy-gear diving deeper than 100 fsw or outside the nodecompression limits: [1910.425(c)(5)]
(i) An extra breathing gas hose capable of supplying breathing gas to the diver in the water shall be available to the standby diver. [1910.425(c)(5)(i)]
(ii) An inwater stage shall be provided to divers in the water. [1910.425(c)(5)(ii)]
(6) Except when heavy gear is worn or where physical space does not permit, a diver-carried reserve breathing gas supply shall be
provided whenever the diver is prevented by the configuration of the dive area from ascending directly to the surface. [1910.425(c)(6)]
§1910.426
Mixed-gas diving
(a) General. Employers engaged in mixed-gas diving shall comply with the following requirements, unless otherwise specified.
[1910.426(a)]
(b) Limits. Mixed-gas diving shall be conducted only when:
[1910.426(b)]
(1) A decompression chamber is ready for use at the dive location; and [1910.426(b)(1)]
(i) A bell is used at depths greater than 220 fsw or when the dive involves inwater decompression time of greater than 120 minutes, except when heavy gear is worn or when diving in physically confining spaces; or [1910.426(b)(1)(i)]
(ii) A closed bell is used at depths greater than 300 fsw, except when diving is conducted in physically confining spaces. [1910.426(b)(1)(ii)]
(c) Procedures. [1910.426(c)]
(1) A separate dive team member shall tend each diver in the water. [1910.426(c)(1)]
(2) A standby diver shall be available while a diver is in the water.
[1910.426(c)(2)]
(3) A diver shall be stationed at the underwater point of entry when diving is conducted in enclosed or physically confining spaces. [1910.426(c)(3)]
(4) Each diving operation shall have a primary breathing gas supply sufficient to support divers for the duration of the planned dive including decompression. [1910.426(c)(4)]
(5) Each diving operation shall have a dive-location reserve breathing gas supply. [1910.426(c)(5)]
(6) When heavy gear is worn: [1910.426(c)(6)]
(i) An extra breathing gas hose capable of supplying breathing gas to the diver in the water shall be available to the standby diver; and [1910.426(c)(6)(i)]
(ii) An inwater stage shall be provided to divers in the water. [1910.426(c)(6)(ii)]
(7) An inwater stage shall be provided for divers without access to a bell for dives deeper than 100 fsw or outside the no-decompression limits. [1910.426(c)(7)]
(8) When a closed bell is used, one dive team member in the bell shall be available and tend the diver in the water. [1910.426(c)(8)]
(9) Except when heavy gear is worn or where physical space does not permit, a diver-carried reserve breathing gas supply shall be provided for each diver: [1910.426(c)(9)]
(i) Diving deeper than 100 fsw or outside the no-decompression limits; or [1910.426(c)(9)(i)]
(ii) Prevented by the configuration of the dive area from directly ascending to the surface. [1910.426(c)(9)(ii)]
§1910.427
Liveboating
(a) General. Employers engaged in diving operations involving liveboating shall comply with the following requirements. [1910.427(a)]
(b) Limits. Diving operations involving liveboating shall not be conducted: [1910.427(b)]
(1) With an inwater decompression time of greater than 120 minutes; [1910.427(b)(1)]
(2) Using surface-supplied air at depths deeper than 190 fsw, except that dives with bottom times of 30 minutes or less may be conducted to depths of 220 fsw; [1910.427(b)(2)]
(3) Using mixed gas at depths greater than 220 fsw; [1910.427(b)(3)]
(4) In rough seas which significantly inpede diver mobility or work function; or [1910.427(b)(4)]
(5) In other than daylight hours. [1910.427(b)(5)]
(c) Procedures. [1910.427(c)]
(1) The propeller of the vessel shall be stopped before the diver enters or exits the water. [1910.427(c)(1)]
(2) A device shall be used which minimizes the possibility of entanglement of the diver's hose in the propeller of the vessel. [1910.427(c)(2)]
(3) Two-way voice communication between the designated person-in- charge and the person controlling the vessel shall be available while the diver is in the water. [1910.427(c)(3)]
(4) A standby diver shall be available while a diver is in the water.
[1910.427(c)(4)]
(5) A diver-carried reserve breathing gas supply shall be carried by each diver engaged in liveboating operations. [1910.427(c)(5)]
Recordkeeping requirements
EQUIPMENT PROCEDURES AND REQUIREMENTS
§1910.430 Equipment
(a) General. [1910.430(a)]
(1) All employers shall comply with the following requirements, unless otherwise specified. [1910.430(a)(1)]
(2) Each equipment modification, repair, test, calibration or maintenance service shall be recorded by means of a tagging or logging system, and include the date and nature of work performed, and the name or initials of the person performing the work. [1910.430(a)(2)]
(b) Air compressor system. [1910.430(b)]
(1) Compressors used to supply air to the diver shall be equipped with a volume tank with a check valve on the inlet side, a pressure gauge, a relief valve, and a drain valve. [1910.430(b)(1)]
(2) Air compressor intakes shall be located away from areas containing exhaust or other contaminants. [1910.430(b)(2)]
(3) Respirable air supplied to a diver shall not contain: [1910.430(b)(3)]
(i) A level of carbon monoxide (CO) greater than 20 p/m; [1910.430(b)(3)(i)]
(ii) A level of carbon dioxide (CO2) greater than 1,000 p/m; [1910.430(b)(3)(ii)]
(iii) A level of oil mist greater than 5 milligrams per cubic meter; or [1910.430(b)(3)(iii)]
(iv) A noxious or pronounced odor. [1910.430(b)(3)(iv)]
(4) The output of air compressor systems shall be tested for air purity every 6 months by means of samples taken at the connection to the distribution system, except that non-oil lubricated compressors need not be tested for oil mist. [1910.430(b)(4)]
(c) Breathing gas supply hoses. [1910.430(c)]
(1) Breathing gas supply hoses shall: [1910.430(c)(1)]
(i) Have a working pressure at least equal to the working pressure of the total breathing gas system; [1910.430(c)(1)(i)]
(ii) Have a rated bursting pressure at least equal to 4 times the working pressure; [1910.430(c)(1)(ii)]
(iii) Be tested at least annually to 1.5 times their working pressure; and [1910.430(c)(1)(iii)]
(iv) Have their open ends taped, capped or plugged when not in use. [1910.430(c)(1)(iv)]
(2) Breathing gas supply hose connectors shall: [1910.430(c)(2)]
(i) Be made of corrosion-resistant materials; [1910.430(c)(2)(i)]
(ii) Have a working pressure at least equal to the working pressure of the hose to which they are attached; and [1910.430(c)(2)(ii)]
(iii) Be resistant to accidental disengagement. [1910.430(c)(2)(iii)]
(3) Umbilicals shall: [1910.430(c)(3)]
(i) Be marked in 10-ft. increments to 100 feet beginning at the diver's end, and in 50 ft. increments thereafter; [1910.430(c)(3)(i)]
(ii) Be made of kink-resistant materials; and [1910.430(c)(3)(ii)]
(iii) Have a working pressure greater than the pressure equivalent to the maximum depth of the dive (relative to the supply source) plus 100 psi. [1910.430(c)(3)(iii)]
(d) Buoyancy control. [1910.430(d)]
(1) Helmets or masks connected directly to the dry suit or other buoyancy-changing equipment shall be equipped with an exhaust valve. [1910.430(d)(1)]
(2) A dry suit or other buoyancy-changing equipment not directly connected to the helmet or mask shall be equipped with an exhaust valve. [1910.430(d)(2)]
(3) When used for SCUBA diving, a buoyancy compensator shall have an inflation source separate from the breathing gas supply. [1910.430(d)(3)]
(4) An inflatable flotation device capable of maintaining the diver at the surface in a face-up position, having a manually activated inflation source independent of the breathing supply, an oral inflation device, and an exhaust valve shall be used for SCUBA diving. [1910.430(d)(4)]
(e) Compressed gas cylinders. Compressed gas cylinders shall: [1910.430(e)]
(1) Be designed, constructed and maintained in accordance with the applicable provisions of 29 CFR 1910.101 and 1910.169 through 1910.171. [1910.430(e)(1)]
(2) Be stored in a ventilated area and protected from excessive heat; [1910.430(e)(2)]
(3) Be secured from falling; and [1910.430(e)(3)]
(4) Have shut-off valves recessed into the cylinder or protected by a cap, except when in use or manifolded, or when used for SCUBA diving. [1910.430(e)(4)]
(f) Decompression chambers. [1910.430(f)]
(1) Each decompression chamber manufactured after the effective date of this standard, shall be built and maintained in accordance with the ASME Code or equivalent. [1910.430(f)(1)]
(2) Each decompression chamber manufactured prior to the effective date of this standard shall be maintained in conformity with the code requirements to which it was built, or equivalent.
[1910.430(f)(2)]
(3) Each decompression chamber shall be equipped with: [1910.430(f)(3)]
(i) Means to maintain the atmosphere below a level of 25 percent oxygen by volume; [1910.430(f)(3)(i)]
(ii) Mufflers on intake and exhaust lines, which shall be regularly inspected and maintained; [1910.430(f)(3)(ii)]
(iii) Suction guards on exhaust line openings; and [1910.430(f)(3)(iii)]
(iv) A means for extinguishing fire, and shall be maintained to minimize sources of ignition and combustible material.
[1910.430(f)(3)(iv)]
(g) Gauges and timekeeping devices. [1910.430(g)]
(1) Gauges indicating diver depth which can be read at the dive location shall be used for all dives except SCUBA.
[1910.430(g)(1)]
(2) Each depth gauge shall be deadweight tested or calibrated against a master reference gauge every 6 months, and when there is a discrepancy greater than two percent (2 percent) of full scale between any two equivalent gauges. [1910.430(g)(2)]
(3) A cylinder pressure gauge capable of being monitored by the diver during the dive shall be worn by each SCUBA diver.
[1910.430(g)(3)]
(4) A timekeeping device shall be available at each dive location.
[1910.430(g)(4)]
(h) Masks and helmets. [1910.430(h)]
(1) Surface-supplied air and mixed-gas masks and helmets shall have: [1910.430(h)(1)]
(i) A non-return valve at the attachment point between helmet or mask and hose which shall close readily and positively; and [1910.430(h)(1)(i)]
(ii) An exhaust valve. [1910.430(h)(1)(ii)]
(2) Surface-supplied air masks and helmets shall have a minimum ventilation rate capability of 4.5 acfm at any depth at which they are operated or the capability of maintaining the diver's inspired carbon dioxide partial pressure below 0.02 ATA when the diver is producing carbon dioxide at the rate of 1.6 standard liters per minute. [1910.430(h)(2)]
(i) Oxygen safety. [1910.430(i)]
(1) Equipment used with oxygen or mixtures containing over forty percent (40%) by volume oxygen shall be designed for oxygen service. [1910.430(i)(1)]
(2) Components (except umbilicals) exposed to oxygen or mixtures containing over forty percent (40%) by volume oxygen shall be cleaned of flammable materials before use.
[1910.430(i)(2)]
(3) Oxygen systems over 125 psig and compressed air systems over 500 psig shall have slow-opening shut-off valves. [1910.430(i)(3)]
(j) Weights and harnesses. [1910.430(j)]
(1) Except when heavy gear is worn, divers shall be equipped with a weight belt or assembly capable of quick release. [1910.430(j)(1)]
(2) Except when heavy gear is worn or in SCUBA diving, each diver shall wear a safety harness with: [1910.430(j)(2)]
(i) A positive buckling device; [1910.430(j)(2)(i)]
(ii) An attachment point for the umbilical to prevent strain on the mask or helmet; and [1910.430(j)(2)(ii)]
(iii) A lifting point to distribute the pull force of the line over the diver's body. [1910.430(j)(2)(iii)]
[39 FR 23502, June 27, 1974, as amended at 49 FR 18295, Apr. 30, 1984; 51 FR 33033, Sept. 18, 1986]
RECORDKEEPING
§1910.440
Recordkeeping requirements
(a) (1) [Reserved] [1910.440(a)(1)]
(2) The employer shall record the occurrence of any diving-related injury or illness which requires any dive team member to be hospitalized for 24 hours or more, specifying the circumstances of the incident and the extent of any injuries or illnesses. [1910.440(a)(2)]
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1020
(b) Availability of records. [1910.440(b)]
Selected 1910 General Industry Standards
(1) Upon the request of the Assistant Secretary of Labor for Occupational Safety and Health, or the Director, National Institute for Occupational Safety and Health, Department of Health and Human Services of their designees, the employer shall make available for inspection and copying any record or document required by this standard. [1910.440(b)(1)]
(2) Records and documents required by this standard shall be provided upon request to employees, designated representatives, and the Assistant Secretary in accordance with 29 CFR 1910.1020 (a)-(e) and (g)-(i). Safe practices manuals §1910.420), depth-time profiles §1910.422), recordings of dives §1910.423), decompression procedure assessment evaluations §1910.423), and records of hospitalizations §1910.440) shall be provided in the same manner as employee exposure records or analyses using exposure or medical records. Equipment inspections and testing records which pertain to employees §1910.430) shall also be provided upon request to employees and their designated representatives. [1910.440(b)(2)]
(3) Records and documents required by this standard shall be retained by the employer for the following period: [1910.440(b)(3)]
(i) [Reserved] [1910.440(b)(3)(i)]
(ii) Safe practices manual §1910.420) — current document only; [1910.440(b)(3)(ii)]
(iii) Depth-time profile §1910.422) — until completion of the recording of dive, or until completion of decompression procedure assessment where there has been an incident of decompression sickness; [1910.440(b)(3)(iii)]
(iv) Recording of dive §1910.423) — 1 year, except 5 years where there has been an incident of decompression sickness; [1910.440(b)(3)(iv)]
(v) Decompression procedure assessment evaluations §1910.423) — 5 years; [1910.440(b)(3)(v)]
(vi) Equipment inspections and testing records §1910.430) — current entry or tag, or until equipment is withdrawn from service; [1910.440(b)(3)(vi)]
(vii) Records of hospitalizations §1910.440) — 5 years. [1910.440(b)(3)(vii)]
(4) The employer shall comply with any additional requirements set forth at 29 CFR 1910.1020, [1910.440(b)(4)]
(5) [Reserved] [1910.440(b)(5)]
[42 FR 37668, July 22, 1977, as amended at 45 FR 35281, May 23, 1980; 47 FR 14706, Apr. 6, 1982; 51 FR 34562, Sept. 29, 1986; 61 FR 9242, Mar. 7, 1996; 71 FR 16672, Apr. 3, 2006; 76 FR 33607, June 8, 2011; 76 FR 80740, Dec. 27, 2011]
§1910.1020
Access to employee exposure and medical records 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-forservice) 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) Access means the right and opportunity to examine and copy.
(2) Analysis using exposure or medical records means any compilation of data or any statistical study based at least in part on information collected from individual employee exposure or medical records or information collected from health insurance claims records, provided that either the analysis has been reported to the employer or no further work is currently being done by the person responsible for preparing the analysis.
(3) Designated representative means any individual or organization to whom an employee gives written authorization to exercise a right of access. For the purposes of access to employee exposure records and analyses using exposure or medical records, a recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
(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.
(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" does not include medical information in the form of:
[A] Physical specimens (e.g., blood or urine samples) which are routinely discarded as a part of normal medical practice; or
[B] Records concerning health insurance claims if maintained separately from the employer's medical program and its records, and not accessible to the employer by employee name or other direct personal identifier (e.g., social security number, payroll number, etc.); or
[C] Records created solely in preparation for litigation which are privileged from discovery under the applicable rules of procedure or evidence; or
[D] Records concerning voluntary employee assistance programs (alcohol, drug abuse, or personal counseling programs) if maintained separately from the employer's medical program and its records.
(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.
(9) Health Professional means a physician, occupational health nurse, industrial hygienist, toxicologist, or epidemiologist, providing medical or other occupational health services to exposed employees.
(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).
(11) Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.
(12) (i) Specific written consent means a written authorization containing the following:
[A] The name and signature of the employee authorizing the release of medical information,
[B] The date of the written authorization,
[C] The name of the individual or organization that is authorized to release the medical information,
[D] The name of the designated representative (individual or organization) that is authorized to receive the released information,
[E] A general description of the medical information that is authorized to be released,
[F] A general description of the purpose for the release of the medical information, and
[G] A date or condition upon which the written authorization will expire (if less than one year).
(ii) A written authorization does not operate to authorize the release of medical information not in existence on the date of written authorization, unless the release of future information is expressly authorized, and does not operate for more than one year from the date of written authorization.
(iii) A written authorization may be revoked in writing prospectively at any time.
(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.
(14) Trade secret means any confidential formula, pattern, process, device, or information or compilation of information that is used in an employer's business and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it.
(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 onetime 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) monitoring or measuring, such as laboratory reports and worksheets, need only be retained for one (1) year as long as the sampling results, the collection methodology (sampling plan), a description of the analytical and mathematical methods used, and a summary of other background data relevant to interpretation of the results obtained, are retained for at least thirty (30) years; and [1910.1020(d)(1)(ii)[A]]
[B] Material safety data sheets and paragraph (c)(5)(iv) records concerning the identity of a substance or agent need not be retained for any specified period as long as some record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used is retained for at least thirty (30) years;1 and [1910.1020(d)(1)(ii)[B]]
[C] Biological monitoring results designated as exposure records by specific occupational safety and health standards shall be preserved and maintained as required by the specific standard. [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, manner, or process by which an employer preserves a record as long as the information contained in the record is preserved and retrievable, except that chest X-ray films shall be preserved in their original state. [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)]
1. Material safety data sheets must be kept for those chemicals currently in use that are effected by the Hazard Communication Standard in accordance with 29 CFR 1910.1200(g).
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1020
Selected 1910 General Industry Standards
[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. [1910.1020(f)]
(1) Except as provided in paragraph (f)(2) of this section, nothing in this section precludes an employer from deleting from records requested by a health professional, employee, or designated representative any trade secret data which discloses manufacturing processes, or discloses the percentage of a chemical substance in mixture, as long as the health professional, employee, or designated representative is notified that information has been deleted. Whenever deletion of trade secret information substantially impairs evaluation of the place where or the time when exposure to a toxic substance or harmful physical agent occurred, the employer shall provide alternative information which is sufficient to permit the requesting party to identify where and when exposure occurred. [1910.1020(f)(1)]
(2) The employer may withhold the specific chemical identity, including the chemical name and other specific identification of a toxic substance from a disclosable record provided that: [1910.1020(f)(2)]
(i) The claim that the information withheld is a trade secret can be supported; [1910.1020(f)(2)(i)]
(ii) All other available information on the properties and effects of the toxic substance is disclosed; [1910.1020(f)(2)(ii)]
(iii) The employer informs the requesting party that the specific chemical identity is being withheld as a trade secret; and [1910.1020(f)(2)(iii)]
(iv) The specific chemical identity is made available to health professionals, employees and designated representatives in accordance with the specific applicable provisions of this paragraph. [1910.1020(f)(2)(iv)]
(3) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a toxic substance is necessary for emergency or first-aid treatment, the employer shall immediately disclose the specific chemical identity of a trade secret chemical to the treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of paragraphs (f)(4) and (f)(5), as soon as circumstances permit. [1910.1020(f)(3)]
(4) In non-emergency situations, an employer shall, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under paragraph (f)(2) of this section, to a health professional, employee, or designated representative if: [1910.1020(f)(4)]
(i) The request is in writing; [1910.1020(f)(4)(i)]
(ii) The request describes with reasonable detail one or more of the following occupational health needs for the information: [1910.1020(f)(4)(ii)]
[A] To assess the hazards of the chemicals to which employees will be exposed; [1910.1020(f)(4)(ii)[A]]
[B] To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels; [1910.1020(f)(4)(ii)[B]]
[C] To conduct pre-assignment or periodic medical surveillance of exposed employees; [1910.1020(f)(4)(ii)[C]]
[D] To provide medical treatment to exposed employees; [1910.1020(f)(4)(ii)[D]]
[E] To select or assess appropriate personal protective equipment for exposed employees; [1910.1020(f)(4)(ii)[E]]
[F] To design or assess engineering controls or other protective measures for exposed employees; and [1910.1020(f)(4)(ii)[F]]
[G] To conduct studies to determine the health effects of exposure. [1910.1020(f)(4)(ii)[G]]
(iii) The request explains in detail why the disclosure of the specific chemical identity is essential and that, in lieu thereof, the disclosure of the following information would not enable the health professional, employee or designated representative to provide the occupational health services described in paragraph (f)(4)(ii) of this section: [1910.1020(f)(4)(iii)]
[A] The properties and effects of the chemical; [1910.1020(f)(4)(iii)[A]]
[B] Measures for controlling workers' exposure to the chemical; [1910.1020(f)(4)(iii)[B]]
[C] Methods of monitoring and analyzing worker exposure to the chemical; and, [1910.1020(f)(4)(iii)[C]]
[D] Methods of diagnosing and treating harmful exposures to the chemical; [1910.1020(f)(4)(iii)[D]]
(iv) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and, [1910.1020(f)(4)(iv)]
(v) The health professional, employee, or designated representative and the employer or contractor of the services of the health professional or designated representative agree in a written confidentiality agreement that the health professional, employee or designated representative will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA, as provided in paragraph (f)(7) of this section, except as authorized by the terms of the agreement or by the employer. [1910.1020(f)(4)(v)]
(5) The confidentiality agreement authorized by paragraph (f)(4)(iv) of this section: [1910.1020(f)(5)]
(i) May restrict the use of the information to the health purposes indicated in the written statement of need; [1910.1020(f)(5)(i)]
(ii) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and, [1910.1020(f)(5)(ii)]
(iii) May not include requirements for the posting of a penalty bond. [1910.1020(f)(5)(iii)]
(6) Nothing in this section is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law. [1910.1020(f)(6)]
(7) If the health professional, employee or designated representative receiving the trade secret information decides that there is a need to disclose it to OSHA, the employer who provided the information shall be informed by the health professional prior to, or at the same time as, such disclosure. [1910.1020(f)(7)]
(8) If the employer denies a written request for disclosure of a specific chemical identity, the denial must: [1910.1020(f)(8)]
(i) Be provided to the health professional, employee or designated representative within thirty days of the request; [1910.1020(f)(8)(i)]
(ii) Be in writing; [1910.1020(f)(8)(ii)]
(iii) Include evidence to support the claim that the specific chemical identity is a trade secret; [1910.1020(f)(8)(iii)]
(iv) State the specific reasons why the request is being denied; and, [1910.1020(f)(8)(iv)]
(v) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity. [1910.1020(f)(8)(v)]
(9) The health professional, employee, or designated representative whose request for information is denied under paragraph (f)(4) of this section may refer the request and the written denial of the request to OSHA for consideration. [1910.1020(f)(9)]
(10) When a heath professional employee, or designated representative refers a denial to OSHA under paragraph (f)(9) of this section, OSHA shall consider the evidence to determine if:
[1910.1020(f)(10)]
(i) The employer has supported the claim that the specific chemical identity is a trade secret; [1910.1020(f)(10)(i)]
(ii) The health professional employee, or designated representative has supported the claim that there is a medical or occupational health need for the information; and [1910.1020(f)(10)(ii)]
(iii) The health professional, employee or designated representative has demonstrated adequate means to protect the confidentiality. [1910.1020(f)(10)(iii)]
(11) (i) If OSHA determines that the specific chemical identity requested under paragraph (f)(4) of this section is not a bona fide trade secret, or that it is a trade secret but the requesting health professional, employee or designated representatives has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means for complying with the terms of such agreement, the employer will be subject to citation by OSHA. [1910.1020(f)(11)(i)]
(ii) If an employer demonstrates to OSHA that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Assistant Secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health needs are met without an undue risk of harm to the employer.
[1910.1020(f)(11)(ii)]
(12) Notwithstanding the existence of a trade secret claim, an employer shall, upon request, disclose to the Assistant Secretary any information which this section requires the employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Assistant Secretary so that suitable determinations of trade secret status can be made and the necessary protections can be implemented. [1910.1020(f)(12)]
(13) Nothing in this paragraph shall be construed as requiring the disclosure under any circumstances of process or percentage of mixture information which is trade secret. [1910.1020(f)(13)]
(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. [1910.1020(h)]
(1) Whenever an employer is ceasing to do business, the employer shall transfer all records subject to this section to the successor employer. The successor employer shall receive and maintain these records. [1910.1020(h)(1)]
(2) Whenever an employer is ceasing to do business and there is no successor employer to receive and maintain the records subject to this standard, the employer shall notify affected current employees of their rights of access to records at least three (3) months prior to the cessation of the employer's business. [1910.1020(h)(2)]
(i) Appendices. The information contained in appendices A and B to this section is not intended, by itself, to create any additional obligations not otherwise imposed by this section nor detract from any existing obligation. [1910.1020(i)]
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1020 Appendix A
Selected 1910 General Industry Standards
§1910.1020 Appendix A
Sample Authorization Letter for the Release of Employee Medical Record Information to a Designated Representative (Non-Mandatory) Sample letter
© Mancomm, Inc.
Download a complete PDF from www.oshacfr.com
§1910.1020 Appendix B
Availability of NIOSH Registry of Toxic Effects of Chemical Substances (RTECS) (Non-Mandatory)
The final regulation, 29 CFR 1910.202, applies to all employee exposure and medical records, and analyses thereof, of employees exposed to toxic substances or harmful physical agents (paragraph (b)(2)). The term toxic substance or harmful physical agent is defined by paragraph (c)(13) to encompass chemical substances, biological agents, and physical stresses for which there is evidence of harmful health effects. The regulation uses the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) as one of the chief sources of information as to whether evidence of harmful health effects exists. If a substance is listed in the latest printed RTECS, the regulation applies to exposure and medical records (and analyses of these records) relevant to employees exposed to the substance. It is appropriate to note that the final regulation does not require that employers purchase a copy of RTECS, and many employers need not consult RTECS to ascertain whether their employee exposure or medical records are subject to the rule. Employers who do not currently have the latest printed edition of the NIOSH RTECS, however, may desire to obtain a copy. The RTECS is issued in an annual printed edition as mandated by section 20(a)(6) of the Occupational Safety and Health Act (29 U.S.C. 669(a)(6)).
The Introduction to the 1980 printed edition describes the RTECS as follows:
"The 1980 edition of the Registry of Toxic Effects of Chemical Substances, formerly known as the Toxic Substances list, is the ninth revision prepared in compliance with the requirements of Section 20(a)(6) of the Occupational Safety and Health Act of 1970 (Public Law 91-596). The original list was completed on June 28, 1971, and has been updated annually in book format. Beginning in October 1977, quarterly revisions have been provided in microfiche. This edition of the Registry contains 168,096 listings of chemical substances: 45,156 are names of different chemicals with their
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 employee exposure and medical records, readers may benefit from reviewing §1910.1020.
associated toxicity data and 122,940 are synonyms. This edition includes approximately 5,900 new chemical compounds that did not appear in the 1979 Registry. (p. xi)
"The Registry's purposes are many, and it serves a variety of users. It is a single source document for basic toxicity information and for other data, such as chemical identifiers ad information necessary for the preparation of safety directives and hazard evaluations for chemical substances. The various types of toxic effects linked to literature citations provide researchers and occupational health scientists with an introduction to the toxicological literature, making their own review of the toxic hazards of a given substance easier. By presenting data on the lowest reported doses that produce effects by several routes of entry in various species, the Registry furnishes valuable information to those responsible for preparing safety data sheets for chemical substances in the workplace. Chemical and production engineers can use the Registry to identify the hazards which may be associated with chemical intermediates in the development of final products, and thus can more readily select substitutes or alternative processes which may be less hazardous. Some organizations, including health agencies and chemical companies, have included the NIOSH Registry accession numbers with the listing of chemicals in their files to reference toxicity information associated with those chemicals. By including foreign language chemical names, a start has been made toward providing rapid identification of substances produced in other countries. (p. xi)
"In this edition of the Registry, the editors intend to identify "all known toxic substances" which may exist in the environment and to provide pertinent data on the toxic effects from known doses entering an organism by any route described. (p xi)
"It must be reemphasized that the entry of a substance in the Registry does not automatically mean that it must be avoided. A listing does mean, however, that the substance has the documented potential of being harmful if misused, and care must be exercised to prevent tragic consequences. Thus, the Registry lists many substances that are common in everyday life and are in nearly every household in the United States. One can name a variety of such dangerous substances: prescription and non-prescription drugs; food additives; pesticide concentrates, sprays, and dusts; fungicides; herbicides; paints; glazes, dyes; bleaches and other household cleaning agents; alkalies; and various solvents and diluents. The list is extensive because chemicals have become an integral part of our existence."
The RTECS printed edition may be purchased from the Superintendent of Documents, U.S. Government Printing Office (GPO), Washington, DC 20402 (202-783-3238).
Some employers may desire to subscribe to the quarterly update to the RTECS which is published in a microfiche edition. An annual subscription to the quarterly microfiche may be purchased from the GPO (Order the "Microfiche Edition, Registry of Toxic Effects of Chemical Substances"). Both the printed edition and the microfiche edition of RTECS are available for review at many university and public libraries throughout the country. The latest RTECS editions may also be examined at the OSHA Technical Data Center, Room N2439 — Rear, United States Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 (202-523-9700), or at any OSHA Regional or Area Office (See, major city telephone directories under United States Government-Labor Department).
[53 FR 38163, Sept. 29, 1988; 53 FR 49981, Dec. 13, 1988, as amended at 54 FR 24333, June 7, 1989; 55 FR 26431, June 28, 1990; 61 FR 9235, Mar. 7, 1996. Redesignated at 61 FR 31430, June 20, 1996, as amended at 71 FR 16673, Apr. 3, 2006; 76 FR 33608, June 8, 2011]
§1910.1200
Hazard communication
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. [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 follows: [1910.1200(b)(3)]
(i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; [1910.1200(b)(3)(i)]
(ii) Employers shall maintain any safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible during each workshift to laboratory employees when they are in their work areas; [1910.1200(b)(3)(ii)]
(iii) Employers shall ensure that laboratory employees are provided 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; and, [1910.1200(b)(3)(iii)]
(iv) Laboratory employers that ship hazardous chemicals are considered to be either a chemical manufacturer or a distributor under this rule, and thus must ensure that any containers of hazardous chemicals leaving the laboratory are labeled in accordance with paragraph (f) of this section, and that a safety data sheet is provided to distributors and other employers in accordance with paragraphs (g)(6) and (g)(7) of this section.
[1910.1200(b)(3)(iv)]
(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)]
(5) This section does not require labeling of the following chemicals: [1910.1200(b)(5)]
(i) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that Act
and labeling regulations issued under that Act by the Environmental Protection Agency; [1910.1200(b)(5)(i)]
(ii) Any chemical substance or mixture as such terms are defined in the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency. [1910.1200(b)(5)(ii)]
(iii) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including materials intended for use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Virus-Serum-Toxin Act of 1913 (21 U.S.C. 151 et seq.), and regulations issued under those Acts, when they are subject to the labeling requirements under those Acts by either the Food and Drug Administration or the Department of Agriculture; [1910.1200(b)(5)(iii)]
(iv) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, Firearms and Explosives; [1910.1200(b)(5)(iv)]
(v) 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, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission; and, [1910.1200(b)(5)(v)]
(vi) Agricultural or vegetable seed treated with pesticides and labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.) and the labeling regulations issued under that Act by the Department of Agriculture. [1910.1200(b)(5)(vi)]
(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
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1200
Selected 1910 General Industry Standards
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)]
(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.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
Chemical means any substance, or mixture of substances.
Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.
Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name that will clearly identify the chemical for the purpose of conducting a hazard classification.
Classification means to identify the relevant data regarding the hazards of a chemical; review those data to ascertain the hazards associated with the chemical; and decide whether the chemical will be classified as hazardous according to the definition of hazardous chemical in this section. In addition, classification for health and physical hazards includes the determination of the degree of hazard, where appropriate, by comparing the data with the criteria for health and physical hazards.
Commercial account means an arrangement whereby a retail distributor sells hazardous chemicals to an employer, generally in large quantities over time and/or at costs that are below the regular retail price.
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.
Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
Director means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.
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.
Importer means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or employers within the United States.
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.
Mixture means a combination or a solution composed of two or more substances in which they do not react.
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); self-reactive; 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 hazards 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.
Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage.
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.
Pyrophoric gas means a chemical in a gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below.
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.
Simple asphyxiant means a substance or mixture that displaces oxygen in the ambient atmosphere, and can thus cause oxygen deprivation in those who are exposed, leading to unconsciousness and death.
Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.
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.
Trade secret means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. Appendix E to §1910.1200 — Definition of Trade Secret, sets out the criteria to be used in evaluating trade secrets. 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).3 [1910.1200(e)(4)]
(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 shall ensure that the information provided under paragraphs (f)(1)(i) through (v) of this section is in accordance with Appendix C to §1910.1200, for each hazard class and associated hazard category for the hazardous chemical, prominently displayed, and in English (other languages may also be included if appropriate). [1910.1200(f)(2)]
(3) The chemical manufacturer, importer, or distributor shall ensure that the information provided under paragraphs (f)(1)(ii) through (iv) of this section is located together on the label, tag, or mark. [1910.1200(f)(3)]
(4) Solid materials. [1910.1200(f)(4)]
(i) For solid metal (such as a steel beam or a metal casting), solid wood, or plastic items that are not exempted as articles due to their downstream use, or shipments of whole grain, the required label may be transmitted to the customer at the time of the initial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes; [1910.1200(f)(4)(i)]
(ii) The label may be transmitted with the initial shipment itself, or with the safety data sheet that is to be provided prior to or at the time of the first shipment; and, [1910.1200(f)(4)(ii)]
(iii) This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself, and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to which employees handling the items in transit may be exposed (for example, cutting fluids or pesticides in grains). [1910.1200(f)(4)(iii)]
(5) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the
3. 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).
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1200
Selected 1910 General Industry Standards
requirements of the Hazardous Materials Transportation Act
(49 U.S.C. 1801 et seq.) and regulations issued under that Act by the Department of Transportation. [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 existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. [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, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical shall revise the labels for the chemical within six months of becoming aware of the new information, and shall ensure that labels on containers of hazardous chemicals shipped after that time contain the new information. If the chemical is not currently produced or imported, the chemical manufacturer, importer, distributor, or employer shall add the information to the label before the chemical is shipped or introduced into the workplace again. [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): [1910.1200(g)(2)]
(i) Section 1, Identification; [1910.1200(g)(2)(i)]
(ii) Section 2, Hazard(s) identification; [1910.1200(g)(2)(ii)]
(iii) Section 3, Composition/information on ingredients; [1910.1200(g)(2)(iii)]
(iv) Section 4, First-aid measures; [1910.1200(g)(2)(iv)]
(v) Section 5, Fire-fighting measures; [1910.1200(g)(2)(v)]
(vi) Section 6, Accidental release measures; [1910.1200(g)(2)(vi)]
(vii) Section 7, Handling and storage; [1910.1200(g)(2)(vii)]
(viii) Section 8, Exposure controls/personal protection; [1910.1200(g)(2)(viii)]
(ix) Section 9, Physical and chemical properties; [1910.1200(g)(2)(ix)]
(x) Section 10, Stability and reactivity; [1910.1200(g)(2)(x)] (xi) Section 11, Toxicological information; [1910.1200(g)(2)(xi)] (xii) Section 12, Ecological information; [1910.1200(g)(2)(xii)] (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 for any sub-heading within a section on the safety data sheet, the chemical manufacturer, importer or employer preparing the safety data sheet shall mark it to indicate that no applicable information was found. [1910.1200(g)(3)]
(4) Where complex mixtures have similar hazards and contents (i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one safety data sheet to apply to all of these similar mixtures. [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 shall either provide safety data sheets with the shipped containers or send them to the distributor or employer prior to or at the time of the shipment; [1910.1200(g)(6)(ii)]
(iii) If the safety data sheet is not provided with a shipment that has been labeled as a hazardous chemical, the distributor or employer shall obtain one from the chemical manufacturer or importer as soon as possible; and,
[1910.1200(g)(6)(iii)]
(iv) The chemical manufacturer or importer shall also provide distributors or employers with a safety data sheet upon request. [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)]
(iii) Retail distributors selling hazardous chemicals to employers having a commercial account shall provide a safety data sheet to such employers upon request, and shall post a sign or otherwise inform them that a safety data sheet is available; [1910.1200(g)(7)(iii)]
(iv) Wholesale distributors selling hazardous chemicals to employers over-the-counter may also provide safety data sheets upon the request of the employer at the time of the over-the-counter purchase, and shall post a sign or otherwise inform such employers that a safety data sheet is available; [1910.1200(g)(7)(iv)]
(v) If an employer without a commercial account purchases a hazardous chemical from a retail distributor not required to have safety data sheets on file (i.e., the retail distributor does not have commercial accounts and does not use the materials), the retail distributor shall provide the employer, upon request, with the name, address, and telephone number of the chemical manufacturer, importer, or distributor from which a safety data sheet can be obtained; [1910.1200(g)(7)(v)]
(vi) Wholesale distributors shall also provide safety data sheets to employers or other distributors upon request; and, [1910.1200(g)(7)(vi)]
(vii) Chemical manufacturers, importers, and distributors need not provide safety data sheets to retail distributors that have informed them that the retail distributor does not sell the product to commercial accounts or open the sealed container to use it in their own workplaces.
[1910.1200(g)(7)(vii)]4
(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. Chemicalspecific 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)]
(ii) The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area;
[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)]
4. 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.
(i) Trade secrets. [1910.1200(i)]
(1) The chemical manufacturer, importer, or employer may withhold the specific chemical identity, including the chemical name, other specific identification of a hazardous chemical, or the exact percentage (concentration) of the substance in a mixture, from the safety data sheet, provided that: [1910.1200(i)(1)]
(i) The claim that the information withheld is a trade secret can be supported; [1910.1200(i)(1)(i)]
(ii) Information contained in the safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; [1910.1200(i)(1)(ii)]
(iii) The safety data sheet indicates that the specific chemical identity and/or percentage of composition is being withheld as a trade secret; and, [1910.1200(i)(1)(iii)]
(iv) The specific chemical identity and percentage is made available to health professionals, employees, and designated representatives in accordance with the applicable provisions of this paragraph (i). [1910.1200(i)(1)(iv)]
(2) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity and/or specific percentage of composition of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical manufacturer, importer, or employer shall immediately disclose the specific chemical identity or percentage composition of a trade secret chemical to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The chemical manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of paragraphs (i)(3) and (4) of this section, as soon as circumstances permit. [1910.1200(i)(2)]
(3) In non-emergency situations, a chemical manufacturer, importer, or employer shall, upon request, disclose a specific chemical identity or percentage composition, otherwise permitted to be withheld under paragraph (i)(1) of this section, to a health professional (i.e., physician, industrial hygienist, toxicologist, epidemiologist, or occupational health nurse) providing medical or other occupational health services to exposed employee(s), and to employees or designated representatives, if: [1910.1200(i)(3)]
(i) The request is in writing; [1910.1200(i)(3)(i)]
(ii) The request describes with reasonable detail one or more of the following occupational health needs for the information:
[1910.1200(i)(3)(ii)]
[A] To assess the hazards of the chemicals to which employees will be exposed; [1910.1200(i)(3)(ii)[A]]
[B] To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels; [1910.1200(i)(3)(ii)[B]]
[C] To conduct pre-assignment or periodic medical surveillance of exposed employees; [1910.1200(i)(3)(ii)[C]]
[D] To provide medical treatment to exposed employees; [1910.1200(i)(3)(ii)[D]]
[E] To select or assess appropriate personal protective equipment for exposed employees; [1910.1200(i)(3)(ii)[E]]
[F] To design or assess engineering controls or other protective measures for exposed employees; and, [1910.1200(i)(3)(ii)[F]]
[G] To conduct studies to determine the health effects of exposure. [1910.1200(i)(3)(ii)[G]]
(iii) The request explains in detail why the disclosure of the specific chemical identity or percentage composition is essential and that, in lieu thereof, the disclosure of the following information to the health professional, employee, or designated representative, would not satisfy the purposes described in paragraph (i)(3)(ii) of this section: [1910.1200(i)(3)(iii)]
[A] The properties and effects of the chemical; [1910.1200(i)(3)(iii)[A]]
[B] Measures for controlling workers' exposure to the chemical; [1910.1200(i)(3)(iii)[B]]
[C] Methods of monitoring and analyzing worker exposure to the chemical; and, [1910.1200(i)(3)(iii)[C]]
[D] Methods of diagnosing and treating harmful exposures to the chemical; [1910.1200(i)(3)(iii)[D]]
(iv) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and, [1910.1200(i)(3)(iv)]
(v) The health professional, and the employer or contractor of the services of the health professional (i.e., downstream employer, labor organization, or individual employee), employee, or designated representative, agree in a written confidentiality agreement that the health professional, employee, or designated representative, will not use the
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1200 Appendix A
Selected 1910 General Industry Standards
trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA, as provided in paragraph (i)(6) of this section, except as authorized by the terms of the agreement or by the chemical manufacturer, importer, or employer. [1910.1200(i)(3)(v)]
(4) The confidentiality agreement authorized by paragraph (i)(3)(iv) of this section: [1910.1200(i)(4)]
(i) May restrict the use of the information to the health purposes indicated in the written statement of need; [1910.1200(i)(4)(i)]
(ii) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and, [1910.1200(i)(4)(ii)]
(iii) May not include requirements for the posting of a penalty bond. [1910.1200(i)(4)(iii)]
(5) Nothing in this standard is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law. [1910.1200(i)(5)]
(6) If the health professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to OSHA, the chemical manufacturer, importer, or employer who provided the information shall be informed by the health professional, employee, or designated representative prior to, or at the same time as, such disclosure. [1910.1200(i)(6)]
(7) If the chemical manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity or percentage composition, the denial must: [1910.1200(i)(7)]
(i) Be provided to the health professional, employee, or designated representative, within thirty days of the request; [1910.1200(i)(7)(i)]
(ii) Be in writing; [1910.1200(i)(7)(ii)]
(iii) Include evidence to support the claim that the specific chemical identity or percent of composition is a trade secret; [1910.1200(i)(7)(iii)]
(iv) State the specific reasons why the request is being denied; and, [1910.1200(i)(7)(iv)]
(v) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the trade secret. [1910.1200(i)(7)(v)]
(8) The health professional, employee, or designated representative whose request for information is denied under paragraph (i)(3) of this section may refer the request and the written denial of the request to OSHA for consideration. [1910.1200(i)(8)]
(9) When a health professional, employee, or designated representative refers the denial to OSHA under paragraph (i)(8) of this section, OSHA shall consider the evidence to determine if: [1910.1200(i)(9)]
(i) The chemical manufacturer, importer, or employer has supported the claim that the specific chemical identity or percentage composition is a trade secret; [1910.1200(i)(9)(i)]
(ii) The health professional, employee, or designated representative has supported the claim that there is a medical or occupational health need for the information; and, [1910.1200(i)(9)(ii)]
(iii) The health professional, employee or designated representative has demonstrated adequate means to protect the confidentiality. [1910.1200(i)(9)(iii)]
(10) (i) If OSHA determines that the specific chemical identity or percentage composition requested under paragraph (i)(3) of this section is not a "bona fide" trade secret, or that it is a trade secret, but the requesting health professional, employee, or designated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the chemical manufacturer, importer, or employer will be subject to citation by OSHA.
[1910.1200(i)(10)(i)]
(ii) If a chemical manufacturer, importer, or employer demonstrates to OSHA that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret, the Assistant Secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. [1910.1200(i)(10)(ii)]
(11) If a citation for a failure to release trade secret information is contested by the chemical manufacturer, importer, or employer, the matter will be adjudicated before the Occupational Safety
and Health Review Commission in accordance with the Act's enforcement scheme and the applicable Commission rules of procedure. In accordance with the Commission rules, when a chemical manufacturer, importer, or employer continues to withhold the information during the contest, the Administrative Law Judge may review the citation and supporting documentation "in camera" or issue appropriate orders to protect the confidentiality of such matters. [1910.1200(i)(11)]
(12) Notwithstanding the existence of a trade secret claim, a chemical manufacturer, importer, or employer shall, upon request, disclose to the Assistant Secretary any information which this section requires the chemical manufacturer, importer, or employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Assistant Secretary so that suitable determinations of trade secret status can be made and the necessary protections can be implemented. [1910.1200(i)(12)]
(13) Nothing in this paragraph shall be construed as requiring the disclosure under any circumstances of process information which is a trade secret. [1910.1200(i)(13)]
(j) Effective dates. [1910.1200(j)]
(1) Employers shall train employees regarding the new label elements and safety data sheets format by December 1, 2013. [1910.1200(j)(1)]
(2) Chemical manufacturers, importers, distributors, and employers shall be in compliance with all modified provisions of this section no later than June 1, 2015, except: [1910.1200(j)(2)]
(i) After December 1, 2015, the distributor shall not ship containers labeled by the chemical manufacturer or importer unless the label has been modified to comply with paragraph (f)(1) of this section. [1910.1200(j)(2)(i)]
(ii) All employers shall, as necessary, update any alternative workplace labeling used under paragraph (f)(6) of this section, update the hazard communication program required by paragraph (h)(1), and provide any additional employee training in accordance with paragraph (h)(3) for newly identified physical or health hazards no later than June 1, 2016. [1910.1200(j)(2)(ii)]
(3) Chemical manufacturers, importers, distributors, and employers may comply with either §1910.1200 revised as of October 1, 2011, or the current version of this standard, or both during the transition period. [1910.1200(j)(3)]
§1910.1200 Appendix A
Health Hazard Criteria (Mandatory)
A.0 GENERAL CLASSIFICATION CONSIDERATIONS
A.0.1 Classification
A.0.1.1 The term "hazard classification" is used to indicate that only the intrinsic hazardous properties of chemicals are considered. Hazard classification incorporates three steps:
(a) Identification of relevant data regarding the hazards of a chemical; (b) Subsequent review of those data to ascertain the hazards associated with the chemical; (c) Determination of whether the chemical will be classified as hazardous and the degree of hazard.
A.0.1.2 For many hazard classes, the criteria are semi-quantitative or qualitative and expert judgment is required to interpret the data for classification purposes.
A.0.2 Available Data, Test Methods and Test Data Quality
A.0.2.1 There is no requirement for testing chemicals.
A.0.2.2 The criteria for determining health hazards are test method neutral, i.e., they do not specify particular test methods, as long as the methods are scientifically validated.
A.0.2.3 The term "scientifically validated" refers to the process by which the reliability and the relevance of a procedure are established for a particular purpose. Any test that determines hazardous properties, which is conducted according to recognized scientific principles, can be used for purposes of a hazard determination for health hazards. Test conditions need to be standardized so that the results are reproducible with a given substance, and the standardized test yields "valid" data for defining the hazard class of concern.
A.0.2.4 Existing test data are acceptable for classifying chemicals, although expert judgment also may be needed for classification purposes.
A.0.2.5 The effect of a chemical on biological systems is influenced, by the physico-chemical properties of the substance and/or ingredients of the mixture and the way in which ingredient substances are biologically available. A chemical need not be classified when it can be shown by conclusive
experimental data from scientifically validated test methods that the chemical is not biologically available.
A.0.2.6 For classification purposes, epidemiological data and experience on the effects of chemicals on humans (e.g., occupational data, data from accident databases) shall be taken into account in the evaluation of human health hazards of a chemical.
A.0.3 Classification Based on Weight of Evidence
A.0.3.1 For some hazard classes, classification results directly when the data satisfy the criteria. For others, classification of a chemical shall be determined on the basis of the total weight of evidence using expert judgment. This means that all available information bearing on the classification of hazard shall be considered together, including the results of valid in vitro tests, relevant animal data, and human experience such as epidemiological and clinical studies and well-documented case reports and observations.
A.0.3.2 The quality and consistency of the data shall be considered. Information on chemicals related to the material being classified shall be considered as appropriate, as well as site of action and mechanism or mode of action study results. Both positive and negative results shall be considered together in a single weight-of-evidence determination.
A.0.3.3 Positive effects which are consistent with the criteria for classification, whether seen in humans or animals, shall normally justify classification. Where evidence is available from both humans and animals and there is a conflict between the findings, the quality and reliability of the evidence from both sources shall be evaluated in order to resolve the question of classification. Reliable, good quality human data shall generally have precedence over other data. However, even well-designed and conducted epidemiological studies may lack a sufficient number of subjects to detect relatively rare but still significant effects, or to assess potentially confounding factors. Therefore, positive results from well-conducted animal studies are not necessarily negated by the lack of positive human experience but require an assessment of the robustness, quality and statistical power of both the human and animal data.
A.0.3.4 Route of exposure, mechanistic information, and metabolism studies are pertinent to determining the relevance of an effect in humans. When such information raises doubt about relevance in humans, a lower classification may be warranted. When there is scientific evidence demonstrating that the mechanism or mode of action is not relevant to humans, the chemical should not be classified.
A.0.3.5 Both positive and negative results are considered together in the weight of evidence determination. However, a single positive study performed according to good scientific principles and with statistically and biologically significant positive results may justify classification.
A.0.4 Considerations for the Classification of Mixtures
A.0.4.1 For most hazard classes, the recommended process of classification of mixtures is based on the following sequence:
(a) Where test data are available for the complete mixture, the classification of the mixture will always be based on those data;
(b) Where test data are not available for the mixture itself, the bridging principles designated in each health hazard chapter of this appendix shall be considered for classification of the mixture;
(c) If test data are not available for the mixture itself, and the available information is not sufficient to allow application of the above-mentioned bridging principles, then the method(s) described in each chapter for estimating the hazards based on the information known will be applied to classify the mixture (e.g., application of cutoff values/concentration limits).
A.0.4.2 An exception to the above order or precedence is made for Carcinogenicity, Germ Cell Mutagenicity, and Reproductive Toxicity. For these three hazard classes, mixtures shall be classified based upon information on the ingredient substances, unless on a case-by-case basis, justification can be provided for classifying based upon the mixture as a whole. See chapters A.5, A.6, and A.7 for further information on case-by-case bases.
A.0.4.3 Use of cut-off values/concentration limits.
A.0.4.3.1 When classifying an untested mixture based on the hazards of its ingredients, cut-off values/concentration limits for the classified ingredients of the mixture are used for several hazard classes. While the adopted cut-off values/concentration limits adequately identify the hazard for most mixtures, there may be some that contain hazardous ingredients at lower concentrations than the specified
cut-off values/concentration limits that still pose an identifiable hazard. There may also be cases where the cut-off value/concentration limit is considerably lower than the established non-hazardous level for an ingredient.
A.0.4.3.2 If the classifier has information that the hazard of an ingredient will be evident (i.e., it presents a health risk) below the specified cut-off value/concentration limit, the mixture containing that ingredient shall be classified accordingly.
A.0.4.3.3 In exceptional cases, conclusive data may demonstrate that the hazard of an ingredient will not be evident (i.e., it does not present a health risk) when present at a level above the specified cut-off value/concentration limit(s). In these cases the mixture may be classified according to those data. The data must exclude the possibility that the ingredient will behave in the mixture in a manner that would increase the hazard over that of the pure substance. Furthermore, the mixture must not contain ingredients that would affect that determination.
A.0.4.4 Synergistic or antagonistic effects.
When performing an assessment in accordance with these requirements, the evaluator must take into account all available information about the potential occurrence of synergistic effects among the ingredients of the mixture. Lowering classification of a mixture to a less hazardous category on the basis of antagonistic effects may be done only if the determination is supported by sufficient data.
A.0.5 Bridging Principles for the Classification of Mixtures Where Test Data Are Not Available for the Complete Mixture
A.0.5.1 Where the mixture itself has not been tested to determine its toxicity, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data shall be used in accordance with the following bridging principles, subject to any specific provisions for mixtures for each hazard class. These principles ensure that the classification process uses the available data to the greatest extent possible in characterizing the hazards of the mixture.
A.0.5.1.1 Dilution.
For mixtures classified in accordance with A.1 through A.10 of this Appendix, if a tested mixture is diluted with a diluent that has an equivalent or lower toxicity classification than the least toxic original ingredient, and which is not expected to affect the toxicity of other ingredients, then:
(a) The new diluted mixture shall be classified as equivalent to the original tested mixture; or
(b) For classification of acute toxicity in accordance with A.1 of this Appendix, paragraph A.1.3.6 (the additivity formula) shall be applied.
A.0.5.1.2 Batching.
For mixtures classified in accordance with A.1 through A.10 of this Appendix, the toxicity of a tested production batch of a mixture can be assumed to be substantially equivalent to that of another untested production batch of the same mixture, when produced by or under the control of the same chemical manufacturer, unless there is reason to believe there is significant variation such that the toxicity of the untested batch has changed. If the latter occurs, a new classification is necessary.
A.0.5.1.3 Concentration of mixtures.
For mixtures classified in accordance with A.1, A.2, A.3, A.8, A.9, or A.10 of this Appendix, if a tested mixture is classified in Category 1, and the concentration of the ingredients of the tested mixture that are in Category 1 is increased, the resulting untested mixture shall be classified in Category 1.
A.0.5.1.4 Interpolation within one toxicity category.
For mixtures classified in accordance with A.1, A.2, A.3, A.8, A.9, or A.10 of this Appendix, for three mixtures (A, B and C) with identical ingredients, where mixtures A and B have been tested and are in the same toxicity category, and where untested mixture C has the same toxicologically active ingredients as mixtures A and B but has concentrations of toxicologically active ingredients intermediate to the concentrations in mixtures A and B, then mixture C is assumed to be in the same toxicity category as A and B.
A.0.5.1.5 Substantially similar mixtures.
For mixtures classified in accordance with A.1 through A.10 of this Appendix, given the following set of conditions:
(a) Where there are two mixtures:
(i) A + B;
(ii) C + B;
(b) The concentration of ingredient B is essentially the same in both mixtures;
(c) The concentration of ingredient A in mixture (i) equals that of ingredient C in mixture (ii);
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
(d) And data on toxicity for A and C are available and substantially equivalent; i.e., they are in the same hazard category and are not expected to affect the toxicity of B; then If mixture (i) or (ii) is already classified based on test data, the other mixture can be assigned the same hazard category.
A.0.5.1.6 Aerosols.
For mixtures classified in accordance with A.1, A.2, A.3, A.4, A.8, or A.9 of this Appendix, an aerosol form of a mixture shall be classified in the same hazard category as the tested, non-aerosolized form of the mixture, provided the added propellant does not affect the toxicity of the mixture when spraying.
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.1.2 Classification Criteria for Substances
A.1.2.1 Substances can be allocated to one of four toxicity categories based on acute toxicity by the oral, dermal or inhalation route according to the numeric cut-off criteria as shown in Table A.1.1. Acute toxicity values are expressed as (approximate) LD50 (oral, dermal) or LC50 (inhalation) values or as acute toxicity estimates (ATE). See the footnotes following Table A.1.1 for further explanation on the application of these values.
Table A.1.1 — Acute Toxicity Hazard Categories and Acute Toxicity Estimate (ATE) Values Defining
see: Note (a), Note
(mg/kg bodyweight)
see: Note (a), Note (b)
Inhalation — Gases (ppmV)
see: Note (a), Note (b), Note (c)
Inhalation — Vapors (mg/l)
see: Note (a), Note (b), Note (c), Note (d)
Inhalation — Dusts and Mists (mg/l)
see: Note (a), Note (b), Note (c)
Note: Gas concentrations are expressed in parts per million per volume (ppmV).
Notes to Table A.1.1:
(a)The acute toxicity estimate (ATE) for the classification of a substance is derived using the LD50/LC50 where available;
(b)The acute toxicity estimate (ATE) for the classification of a substance or ingredient in a mixture is derived using:
(i) the LD50/LC50 where available. Otherwise,
(ii) the appropriate conversion value from Table 1.2 that relates to the results of a range test, or
(iii) the appropriate conversion value from Table 1.2 that relates to a classification category;
(c)Inhalation cut-off values in the table are based on 4 hour testing exposures. Conversion of existing inhalation toxicity data which has been generated according to 1 hour exposure is achieved by dividing by a factor of 2 for gases and vapors and 4 for dusts and mists;
(d)For some substances the test atmosphere will be a vapor which consists of a combination of liquid and gaseous phases. For other substances the test atmosphere may consist of a vapor which is nearly all the gaseous phase. In these latter cases, classification is based on ppmV as follows: Category 1 (100 ppmV), Category 2 (500 ppmV), Category 3 (2500 ppmV), Category 4 (20000 ppmV).
The terms "dust", "mist" and "vapor" are defined as follows:
(i) Dust: solid particles of a substance or mixture suspended in a gas (usually air);
(ii) Mist: liquid droplets of a substance or mixture suspended in a gas (usually air);
(iii) Vapor: the gaseous form of a substance or mixture released from its liquid or solid state.
A.1.2.3 The preferred test species for evaluation of acute toxicity by the oral and inhalation routes is the rat, while the rat or rabbit are preferred for evaluation of acute dermal toxicity. Test data already generated for the classification of chemicals under existing systems should be accepted when reclassifying these chemicals under the harmonized system. When experimental data for acute toxicity are available in several animal species, scientific judgment should be used in selecting the most appropriate LD50 value from among scientifically validated tests.
A.1.3 Classification Criteria for Mixtures
A.1.3.1 The approach to classification of mixtures for acute toxicity is tiered, and is dependent upon the amount of information available for the mixture itself and for its ingredients. The flow chart of Figure A.1.1 indicates the process that must be followed:
Figure A.1.1: Tiered approach to classification of mixtures for acute toxicity Test data on the mixture as a whole
A.1.3.2 Classification of mixtures for acute toxicity may be carried out for each route of exposure, but is only required for one route of exposure as long as this route is followed (estimated or tested) for all ingredients and there is no relevant evidence to suggest acute toxicity by multiple routes. When there is relevant evidence of acute toxicity by multiple routes of exposure, classification is to be conducted for all appropriate routes of exposure. All available information shall be considered. The pictogram and signal word used shall reflect the most severe hazard category; and all relevant hazard statements shall be used.
A.1.3.3 For purposes of classifying the hazards of mixtures in the tiered approach:
(a) The "relevant ingredients" of a mixture are those which are present in concentrations 1% (weight/weight for solids, liquids, dusts, mists and vapors and volume/volume for gases). If there is reason to suspect that an ingredient present at a concentration <1% will affect classification of the mixture for acute toxicity, that ingredient shall also be considered relevant. Consideration of ingredients present at a concentration <1% is particularly important when classifying untested mixtures which contain ingredients that are classified in Category 1 and Category 2;
(b) Where a classified mixture is used as an ingredient of another mixture, the actual or derived acute toxicity estimate (ATE) for that mixture is used when calculating the classification of the new mixture using the formulas in A.1.3.6.1 and A.1.3.6.2.4.
(c) If the converted acute toxicity point estimates for all ingredients of a mixture are within the same category, then the mixture should be classified in that category.
(d) When only range data (or acute toxicity hazard category information) are available for ingredients in a mixture, they may be converted to point estimates in accordance with Table A.1.2 when calculating the classification of the new mixture using the formulas in A.1.3.6.1 and A.1.3.6.2.4.
A.1.3.4 Classification of Mixtures Where Acute Toxicity Test
Data Are Available for the Complete Mixture
Where the mixture itself has been tested to determine its acute toxicity, it is classified according to the same criteria as those used for substances, presented in Table A.1.1. If test data for the mixture are not available, the procedures presented below must be followed.
A.1.3.5 Classification of Mixtures Where Acute Toxicity Test
Data Are Not Available for the Complete Mixture: Bridging Principles
A.1.3.5.1 Where the mixture itself has not been tested to determine its acute toxicity, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data will be used in accordance with the following bridging principles as found in paragraph A.0.5 of this Appendix: Dilution, Batching, Concentration of
mixtures, Interpolation within one toxicity category, Substantially similar mixtures, and Aerosols.
A.1.3.6 Classification of Mixtures Based on Ingredients of the Mixture (Additivity Formula)
A.1.3.6.1 Data available for all ingredients.
The acute toxicity estimate (ATE) of ingredients is considered as follows:
(a) Include ingredients with a known acute toxicity, which fall into any of the acute toxicity categories, or have an oral or dermal LD50 greater than 2000 but less than or equal to 5000 mg/kg body weight (or the equivalent dose for inhalation);
(b) Ignore ingredients that are presumed not acutely toxic (e.g., water, sugar);
(c) Ignore ingredients if the data available are from a limit dose test (at the upper threshold for Category 4 for the appropriate route of exposure as provided in Table A.1.1) and do not show acute toxicity. Ingredients that fall within the scope of this paragraph are considered to be ingredients with a known acute toxicity estimate (ATE). See note (b) to Table A.1.1 and paragraph A.1.3.3 for appropriate application of available data to the equation below, and paragraph A.1.3.6.2.4.
The ATE of the mixture is determined by calculation from the ATE values for all relevant ingredients according to the following formula below for oral, dermal or inhalation toxicity:
Where:
Ci = concentration of ingredient i
n ingredients and i is running from 1 to n ATEi = acute toxicity estimate of ingredient i.
A.1.3.6.2 Data are not available for one or more ingredients of the mixture.
A.1.3.6.2.1 Where an ATE is not available for an individual ingredient of the mixture, but available information provides a derived conversion value, the formula in A.1.3.6.1 may be applied. This information may include evaluation of:
(a) Extrapolation between oral, dermal and inhalation acute toxicity estimates. Such an evaluation requires appropriate pharmacodynamic and pharmacokinetic data;
(b) Evidence from human exposure that indicates toxic effects but does not provide lethal dose data;
(c) Evidence from any other toxicity tests/assays available on the substance that indicates toxic acute effects but does not necessarily provide lethal dose data; or
(d) Data from closely analogous substances using structure/activity relationships.
A.1.3.6.2.2 This approach requires substantial supplemental technical information, and a highly trained and experienced expert, to reliably estimate acute toxicity. If sufficient information is not available to reliably estimate acute toxicity, proceed to the provisions of A.1.3.6.2.3.
A.1.3.6.2.3 In the event that an ingredient with unknown acute toxicity is used in a mixture at a concentration 1%, and the mixture has not been classified based on testing of the mixture as a whole, the mixture cannot be attributed a definitive acute toxicity estimate. In this situation the mixture is classified based on the known ingredients only. (Note: A statement that × percent of the mixture consists of ingredient(s) of unknown toxicity is required on the label and safety data sheet in such cases; see Appendix C to this section, Allocation of Label Elements and Appendix D to this section, Safety Data Sheets.) Where an ingredient with unknown acute toxicity is used in a mixture at a concentration 1%, and the mixture is not classified based on testing of the mixture as a whole, a statement that X% of the mixture consists of ingredient(s) of unknown acute toxicity is required on the label and safety data
sheet in such cases; see Appendix C to this section, Allocation of Label Elements and Appendix D to this section, Safety Data Sheets.)
A.1.3.6.2.4 If the total concentration of the relevant ingredient(s) with unknown acute toxicity is 10% then the formula presented in A.1.3.6.1 must be used. If the total concentration of the relevant ingredient(s) with unknown acute toxicity is >10%, the formula presented in A.1.3.6.1 is corrected to adjust for the percentage of the unknown ingredient(s) as follows:
Table A.1.2 — Conversion From Experimentally Obtained Acute Toxicity
Range Values (or Acute Toxicity Hazard Categories) to Acute Toxicity
Point Estimates for Use in the Formulas for the Classification of Mixtures
Exposure routes
Oral (mg/kg
Classification category or experimentally obtained acute toxicity range estimate
Converted acute toxicity point estimate
Note: Gas concentrations are expressed in parts per million per volume (ppmV).
A.2 SKIN CORROSION/IRRITATION
A.2.1 Definitions and General Considerations
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.2.1.2 Skin corrosion/irritation shall be classified using a tiered approach as detailed in figure A.2.1. Emphasis shall be placed upon existing human data (See A.0.2.6), followed by other sources of information. Classification results directly when the data satisfy the criteria in this section. In case the criteria cannot be directly applied, classification of a substance or a mixture is made on the basis of the total weight of evidence (See A.0.3.1). This means that all available information bearing on the determination of skin corrosion/irritation is considered together, including the results of appropriate scientifically validated in-vitro tests, relevant animal data, and human data such as epidemiological and clinical studies and welldocumented case reports and observations.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
A.2.2 Classification Criteria for Substances Using Animal Test Data
A.2.2.1 Corrosion
A.2.2.1.1 A corrosive substance is a chemical that produces destruction of skin tissue, namely, visible necrosis through the epidermis and into the dermis, in at least 1 of 3 tested animals after exposure up to a 4-hour duration. 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 discern questionable lesions.
A.2.2.1.2 Three sub-categories of Category 1 are provided in Table A.2.1, all of which shall be regulated as Category 1.
Table A.2.1 — Skin Corrosion Category and Sub-Categories
Category 1: corrosive Corrosive sub-categories Corrosive in 1 of 3 animals
A.2.2.2 Irritation
A.2.2.2.1 A single irritant category (Category 2) is presented in the Table A.2.2. The major criterion for the irritant category is that at least 2 tested animals have a mean score of
(Category 2)
(1) Mean value of
4.0 for erythema/eschar or for edema in at least 2 of 3 tested animals from gradings at 24, 48 and 72 hours after patch removal or, if reactions are delayed, from grades on 3 consecutive days after the onset of skin reactions; or
(2) Inflammation that persists to the end of the observation period normally 14 days in at least 2 animals, particularly taking into account alopecia (limited area), hyperkeratosis, hyperplasia, and scaling; or
(3) In some cases where there is pronounced variability of response among animals, with very definite positive effects related to chemical exposure in a single animal but less than the criteria above.
A.2.2.2.2 Animal irritant responses within a test can be quite variable, as they are with corrosion. A separate irritant criterion accommodates cases when there is a significant irritant response but less than the mean score criterion for a positive test. For example, a substance might be designated as an irritant if at least 1 of 3 tested animals shows a very elevated mean score throughout the study, including lesions persisting at the end of an observation period of normally 14 days. Other responses could also fulfil this criterion. However, it should be ascertained that the responses are the result
of chemical exposure. Addition of this criterion increases the sensitivity of the classification system.
A.2.2.2.3 Reversibility of skin lesions is another consideration in evaluating irritant responses. When inflammation persists to the end of the observation period in 2 or more test animals, taking into consideration alopecia (limited area), hyperkeratosis, hyperplasia and scaling, then a chemical should be considered to be an irritant.
A.2.3 Classification Criteria for Substances Using Other Data Elements
A.2.3.1 Existing human and animal data including information from single or repeated exposure should be the first line of analysis, as they give information directly relevant to effects on the skin. If a substance is highly toxic by the dermal route, a skin corrosion/irritation study may not be practicable since the amount of test substance to be applied would considerably exceed the toxic dose and, consequently, would result in the death of the animals. When observations are made of skin corrosion/irritation in acute toxicity studies and are observed up through the limit dose, these data may be used for classification provided that the dilutions used and species tested are equivalent. In vitro alternatives that have been scientifically validated shall be used to make classification decisions. Solid substances (powders) may become corrosive or irritant when moistened or in contact with moist skin or mucous membranes. Likewise, pH extremes like 2 and 11.5 may indicate skin effects, especially when associated with significant buffering capacity. Generally, such substances are expected to produce significant effects on the skin. In the absence of any other information, a substance is considered corrosive (Skin Category 1) if it has a pH 2 or a pH 11.5. However, if consideration of alkali/acid reserve suggests the substance or mixture may not be corrosive despite the low or high pH value, then further evaluation may be necessary. In some cases enough information may be available from structurally related compounds to make classification decisions.
A.2.3.2 A tiered approach to the evaluation of initial information shall be used (Figure A.2.1) recognizing that all elements may not be relevant in certain cases.
A.2.3.3 The tiered approach explains how to organize information on a substance and to make a weight-of-evidence decision about hazard assessment and hazard classification.
A.2.3.4 All the above information that is available on a substance shall be evaluated. Although information might be gained from the evaluation of single parameters within a tier, there is merit in considering the totality of existing information and making an overall weight of evidence determination. This is especially true when there is information available on some but not all parameters. Emphasis shall be placed upon existing human experience and data, followed by animal experience and testing data, followed by other sources of information, but case-by-case determinations are necessary.
Table A.2.2 — Skin Irritation Category
Figure A.2.1: Tiered evaluation of skin corrosion and irritation potential
Figure A.2.1: Tiered evaluation of skin corrosion and irritation potential (continued) Step
1 Evidence of existing human or animal data may be derived from single or repeated exposure(s) in occupational, consumer, transportation, or emergency response scenarios; from ethicallyconducted human clinical studies, or from purposely-generated data from animal studies conducted according to scientifically validated test methods (at present, there is on internationally accepted test method for human skin irritation testing).
2 Classify in the appropriate harmonized category, as shown in Tables A.2.1 and A.2.2.
3 Pre-existing animal data (e.g. from an acute dermal toxicity test or a sensitization test) should be carefully reviewed to determine if sufficient skin corrosion/irritation evidence is available through other, similar information. For example, classification/categorization may be done on the basis of whether a chemical has or has not produced any skin irritation in an acute dermal toxicity test in animals at the limit dose, or produces very toxic effects in an acute dermal toxicity test in animals. In the latter case, the chemical would be classified as being very hazardous by the dermal route for acute toxicity, and it would be moot whether the chemical is also irritating or corrosive on the skin. It should be kept in mind in evaluating acute dermal toxicity information that the reporting of dermal lesions may be incomplete, testing and observations may be made on a species other than the rabbit, and species may differ in sensitivity in responses.
4 Evidence from studies using scientifically validated protocols with isolated human/animal tissues or other non-tissue-based, through scientifically validated protocols should be assessed. Examples of scientifically validated test methods for skin corrosion include OECD TG 430 (Transcutaneous Electrical Resistance Test (TER)), 431 (Human Skin Model Test), and 435 (Membrane Barrier Test Method), OECD TG 439 (Reconstructed Human Epidermis Test Method) is a scientifically validated in vitro test method for skin irritation.
5 Measurement of pH alone may be adequate, but assessment of acid or alkali reserve (buffering capacity) would be preferable. Presently, there is no scientifically validated and internationally accepted method for assessing this parameter.
6 All information that is available on a chemical should be considered and an overall determination made on the total weight of evidence. This is especially true when there is conflict in information available on some parameters. professional judgement should be exercised in making such a determination.
A.2.4
Classification Criteria for Mixtures
A.2.4.1 Classification of Mixtures When Data Are Available for the Complete Mixture
A.2.4.1.1 The mixture shall be classified using the criteria for substances (See A.2.3).
A.2.4.2 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.2.4.2.1 Where the mixture itself has not been tested to determine its skin corrosion/irritation, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data will be used in accordance with the following bridging principles, as found in paragraph A.0.5 of this Appendix: Dilution, Batching, Concentration of mixtures, Interpolation within one toxicity category, Substantially similar mixtures, and Aerosols.
A.2.4.3 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
A.2.4.3.1 For purposes of classifying the skin corrosion/irritation hazards of mixtures in the tiered approach: The "relevant ingredients" of a mixture are those which are present in concentrations 1% (weight/weight for solids, liquids, dusts, mists and vapors and volume/volume for gases.) If the classifier has reason to suspect that an ingredient present at a concentration <1% will affect classification of the mixture for skin corrosion/irritation, that ingredient shall also be considered relevant.
A.2.4.3.2 In general, the approach to classification of mixtures as irritant or corrosive to skin when data are available on the ingredients, but not on the mixture as a whole, is based on the theory of additivity, such that each corrosive or irritant ingredient contributes to the overall irritant or corrosive properties of the mixture in proportion to its potency and concentration. A weighting factor of 10 is used for corrosive ingredients when they are present at a concentration below the concentration limit for classification with Category 1, but are at a concentration that will contribute to the classification of the mixture as an irritant. The mixture is classified as corrosive or irritant when the sum of the concentrations of such ingredients exceeds a cut-off value/ concentration limit.
A.2.4.3.3 Table A.2.3 below provides the cut-off value/concentration limits to be used to determine if the mixture is considered to be an irritant or a corrosive to the skin.
A.2.4.3.4 Particular care shall be taken when classifying certain types of chemicals such as acids and bases, inorganic salts, aldehydes, phenols, and surfactants. The approach explained in A.2.4.3.1 and A.2.4.3.2 might not work given that many of such substances are corrosive or irritant at concentrations <1%. For mixtures containing strong acids or bases the pH should be used as classification criteria since pH will
be a better indicator of corrosion than the concentration limits of Table A.2.3. A mixture containing corrosive or irritant ingredients that cannot be classified based on the additivity approach shown in Table A.2.3, due to chemical characteristics that make this approach unworkable, should be classified as Skin Category 1 if it contains 1% of a corrosive ingredient and as Skin Category 2 when it contains 3% of an irritant ingredient. Classification of mixtures with ingredients for which the approach in Table A.2.3 does not apply is summarized in Table A.2.4 below.
A.2.4.3.5 On occasion, reliable data may show that the skin corrosion/irritation of an ingredient will not be evident when present at a level above the generic concentration cut-off values mentioned in Tables A.2.3 and A.2.4. In these cases the mixture could be classified according to those data (See Use of cut-off values/concentration limits, paragraph A.0.4.3 of this Appendix).
A.2.4.3.6 If there are data showing that (an) ingredient(s) may be corrosive or irritant at a concentration of <1% (corrosive) or <3% (irritant), the mixture shall be classified accordingly (See Use of cut-off values/ concentration limits, paragraph A.0.4.3 of this Appendix).
Table A.2.3 — Concentration of Ingredients of a Mixture Classified as Skin Category 1 or 2 That Would Trigger Classification of the Mixture as Hazardous to Skin [Category 1 or 2]
Table A.2.4 — Concentration of Ingredients of a Mixture for Which the Additivity Approach Does Not Apply, That Would Trigger Classification of the Mixture as Hazardous to Skin
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
A.3 SERIOUS EYE DAMAGE/EYE IRRITATION
A.3.1 Definitions and General Considerations
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.3.1.2 Serious eye damage/eye irritation shall be classified using a tiered approach as detailed in Figure A.3.1. Emphasis shall be placed upon existing human data (See A.0.2.6), followed by animal data, followed by other sources of information. Classification results directly when the data satisfy the criteria in this section. In case the criteria cannot be directly applied, classification of a substance or a mixture is made on the basis of the total weight of evidence (See A.0.3.1). This means that all available information bearing on the determination of serious eye damage/ eye irritation is considered together, including the results of appropriate scientifically validated in vitro tests, relevant animal data, and human data such as epidemiological and clinical studies and well-documented case reports and observations.
A.3.2 Classification Criteria for Substances Using Animal Test Data
A.3.2.1 Irreversible effects on the eye/serious damage to eyes (Category 1).
A single hazard category is provided in Table A.3.1, for substances that have the potential to seriously damage the eyes. Category 1, irreversible effects on the eye, includes the criteria listed below. These observations include animals with grade 4 cornea lesions and other severe reactions (e.g. destruction of cornea) observed at any time during the test, as well as persistent corneal opacity, discoloration of the cornea by a dye substance, adhesion, pannus, and interference with the function of the iris or other effects that impair sight. In this context, persistent lesions are considered those which are not fully reversible within an observation period of normally 21 days. Category 1 also contains substances fulfilling the criteria of corneal opacity 3 and/or iritis >1.5 detected in a Draize eye test with rabbits, because severe lesions like these usually do not reverse within a 21-day observation period.
Table A.3.1 — Irreversible Eye Effects
A substance is classified as Serious Eye Damage Category 1 (irreversible effects on the eye) when it produces:
(a) at least in one tested animal, effects on the cornea, iris or conjunctiva that are not expected to reverse or have not fully reversed within an observation period of normally 21 days; and/or
(b) at least in 2 of 3 tested animals, a positive response of:
(i) corneal opacity 3; and/or
(ii) iritis >1.5;
calculated as the mean scores following grading at 24, 48 and 72 hours after instillation of the substance.
A.3.2.2 Reversible effects on the eye (Category 2).
A single category is provided in Table A.3.2 for substances that have the potential to induce reversible eye irritation.
Table A.3.2 — Reversible Eye Effects
A substance is classified as Eye irritant Category 2A (irritating to eyes) when it produces in at least in 2 of 3 tested animals a positive response of:
(i) corneal opacity 1; and/or
(ii) iritis 1; and/or
(iii) conjunctival redness 2; and/or
(iv) conjunctival edema (chemosis) 2
calculated as the mean scores following grading at 24, 48 and 72 hours after instillation of the substance, and which fully reverses within an observation period of normally 21 days.
An eye irritant is considered mildly irritating to eyes (Category 2B) when the effects listed above are fully reversible within 7 days of observation.
A.3.2.3 For those chemicals where there is pronounced variability among animal responses, this information may be taken into account in determining the classification.
A.3.3 Classification Criteria for Substances Using Other Data
Elements
A.3.3.1 Existing human and animal data should be the first line of analysis, as they give information directly relevant to effects on the eye. Possible skin corrosion shall be evaluated prior to consideration of serious eye damage/ eye irritation in order to avoid testing for local effects on eyes with skin corrosive substances. In vitro alternatives that have been scientifically validated and accepted shall be used to make classification decisions. Likewise, pH extremes like 2 and 11.5, may indicate serious eye damage, especially when associated with significant buffering capacity. Generally, such substances are expected to produce significant effects on the eyes. In the absence of any other information, a mixture/substance is considered to cause serious eye damage (Eye Category 1) if it has a pH 2 or 11.5. However, if consideration of acid/alkaline reserve suggests the substance may not have the potential to cause serious eye damage despite the low or high pH value, then further evaluation may be necessary. In some cases enough information may be available from structurally related compounds to make classification decisions.
A.3.3.2 A tiered approach to the evaluation of initial information shall be used where applicable, recognizing that all elements may not be relevant in certain cases (Figure A.3.1).
A.3.3.3 The tiered approach explains how to organize existing information on a substance and to make a weight-of-evidence decision, where appropriate, about hazard assessment and hazard classification.
A.3.3.4 All the above information that is available on a substance shall be evaluated. Although information might be gained from the evaluation of single parameters within a tier, consideration should be given to the totality of existing information and making an overall weight-of-evidence determination. This is especially true when there is conflict in information available on some parameters.
Figure A.3.1 Evaluation strategy for serious eye damage and eye irritation (See also Figure A.2.1)
4:
Figure A.3.1 Evaluation strategy for serious eye damage and eye irritation (See also Figure A.2.1) (continued) Step Parameter
5:Validated structure/activity relationship (SAR) models No/insufficient data
6: Consideration of the total Weight of Evidence6 No concern based on consideration of the sum of available data
7:Not Classified
Notes to Figure A.3.1:
Skin Corrosive
Skin corrosive
Category 12 Category 22 Category 12
Skin irritant Category 12 Category 22
1 Evidence of existing human or animal data may be derived from single or repeated exposure(s) in occupational, consumer, transportation, or emergency response scenarios; from ethicallyconducted human clinical studies; or from purposely-generated data from animal studies conducted according to scientifically validated test methods. At present, there are no internationally accepted test methods for human skin or eye irritation testing,
2 Classify in the appropriate harmonized category, as shown in Tables A.3.1 and A.3.2.
3 Pre-existing animal data should be carefully reviewed to determine if sufficient skin or eye corrosion/irritation evidence is available through other, similar information
4 Evidence from studies using scientifically validated protocols with isolated human/animal tissues or other, non-tissue-based, through scientifically validated, protocols should be assessed.
Examples of scientifically validated test methods for identifying eye corrosives and severe irritants (i.e., Serious Eye Damage) include OECD TG 437 (Bovine Corneal Opacity and Permeability (BCOP) and TG 438 (Isolated Chicken Eye). Positive test results from a scientifically validated in vitro test for skin corrosion would likely also lead to a conclusion to classify as causing Serious Eye Damage.
5 Measurement of pH alone may be adequate, but assessment of acid or alkali reserve (buffering capacity) would be preferable.
6 All information that is available on a chemical should be considered and an overall determination made on the total weight of evidence. This is especially true when there is conflict in information available on some parameters. The weight of evidence including information on skin irritation could lead to classification of eye irritation. It is recognized that not all skin irritants are eye irritants as well. Professional judgement should be exercised in making such a determination.
A.3.4 Classification Criteria for Mixtures
A.3.4.1 Classification of Mixtures When Data Are Available for the Complete Mixture
A.3.4.1.1 The mixture will be classified using the criteria for substances.
A.3.4.1.2 Unlike other hazard classes, there are alternative tests available for skin corrosivity of certain types of chemicals that can give an accurate result for classification purposes, as well as being simple and relatively inexpensive to perform. When considering testing of the mixture, chemical manufacturers are encouraged to use a tiered weight of evidence strategy as included in the criteria for classification of substances for skin corrosion and serious eye damage and eye irritation to help ensure an accurate classification, as well as avoid unnecessary animal testing. In the absence of any other information, a mixture is considered to cause serious eye damage (Eye Category 1) if it has a pH 2 or 11.5. However, if consideration of acid/alkaline reserve suggests the substance or mixture may not have the potential to cause serious eye damage despite the low or high pH value, then further evaluation may be necessary.
A.3.4.2 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.3.4.2.1 Where the mixture itself has not been tested to determine its skin corrosivity or potential to cause serious eye damage or eye irritation, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data will be used in accordance with the following bridging principles, as found in paragraph A.0.5 of this Appendix: Dilution, Batching, Concentration of mixtures, Interpolation within one toxicity category, Substantially similar mixtures, and Aerosols.
A.3.4.3 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
A.3.4.3.1 For purposes of classifying the eye corrosion/ irritation hazards of mixtures in the tiered approach: The "relevant ingredients" of a mixture are those which are present in concentrations 1% (weight/weight for solids, liquids, dusts, mists and vapors and volume/ volume for gases). If the classifier has reason to suspect that an ingredient present at a concentration <1% will affect classification of the mixture for eye corrosion/irritation, that ingredient shall also be considered relevant.
A.3.4.3.2 In general, the approach to classification of mixtures as seriously damaging to the eye or eye irritant when data are available on the ingredients, but not on the mixture as a whole, is based on the theory of additivity, such that each corrosive or irritant ingredient contributes to the overall irritant or corrosive
properties of the mixture in proportion to its potency and concentration. A weighting factor of 10 is used for corrosive ingredients when they are present at a concentration below the concentration limit for classification with Category 1, but are at a concentration that will contribute to the classification of the mixture as an irritant. The mixture is classified as seriously damaging to the eye or eye irritant when the sum of the concentrations of such ingredients exceeds a threshold cut-off value/concentration limit.
A.3.4.3.3 Table A.3.3 provides the cut-off value/concentration limits to be used to determine if the mixture should be classified as seriously damaging to the eye or an eye irritant.
A.3.4.3.4 Particular care must be taken when classifying certain types of chemicals such as acids and bases, inorganic salts, aldehydes, phenols, and surfactants. The approach explained in A.3.4.3.1 and A.3.4.3.2 might not work given that many of such substances are corrosive or irritant at concentrations <1%. For mixtures containing strong acids or bases, the pH should be used as classification criteria (See A.3.4.1) since pH will be a better indicator of serious eye damage than the concentration limits of Table A.3.3. A mixture containing corrosive or irritant ingredients that cannot be classified based on the additivity approach applied in Table A.3.3 due to chemical characteristics that make this approach unworkable, should be classified as Eye Category 1 if it contains 1% of a corrosive ingredient and as Eye Category 2 when it contains 3% of an irritant ingredient. Classification of mixtures with ingredients for which the approach in Table A.3.3 does not apply is summarized in Table A.3.4.
A.3.4.3.5 On occasion, reliable data may show that the reversible/irreversible eye effects of an ingredient will not be evident when present at a level above the generic cut-off values/concentration limits mentioned in Tables A.3.3 and A.3.4. In these cases the mixture could be classified according to those data (See also A.0.4.3 Use of cut-off values/concentration limits"). On occasion, when it is expected that the skin corrosion/ irritation or the reversible/irreversible eye effects of an ingredient will not be evident when present at a level above the generic concentration/cut-off levels mentioned in Tables A.3.3 and A.3.4, testing of the mixture may be considered. In those cases, the tiered weight of evidence strategy should be applied as referred to in section A.3.3, Figure A.3.1 and explained in detail in this chapter.
A.3.4.3.6 If there are data showing that (an) ingredient(s) may be corrosive or irritant at a concentration of <1% (corrosive) or <3% (irritant), the mixture should be classified accordingly (See also paragraph A.0.4.3, Use of cut-off values/concentration limits).
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Table A.3.3 — Concentration of Ingredients of a Mixture Classified as Skin Category 1 and/or Eye Category 1 or 2 That Would Trigger Classification of the Mixtures as Hazardous to the Eye
Sum of ingredients classified as:
Eye or Skin Category 1
Concentration triggering classification of a mixture as: Irreversible eye effects Reversible eye effects Category 1 Category 2
3% 1% but <3%.
Eye Category 2 10%.
(10 × Eye Category 1) + Eye Category 2 10%.
Note: A mixture may be classified as Eye Category 2B in cases when all relevant ingredients are classified as Eye Category 2B.
Table A.3.4 — Concentration of Ingredients of a Mixture for Which the Additivity Approach Does Not Apply, That Would Trigger Classification of the Mixture as Hazardous to the Eye
A.4 RESPIRATORY OR SKIN SENSITIZATION
A.4.1 Definitions and General Considerations
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.4.1.2 For the purpose of this chapter, sensitization includes two phases: the first phase is induction of specialized immunological memory in an individual by exposure to an allergen. The second phase is elicitation, i.e., production of a cell-mediated or antibody-mediated allergic response by exposure of a sensitized individual to an allergen.
A.4.1.3 For respiratory sensitization, the pattern of induction followed by elicitation phases is shared in common with skin sensitization. For skin sensitization, an induction phase is required in which the immune system learns to react; clinical symptoms can then arise when subsequent exposure is sufficient to elicit a visible skin reaction (elicitation phase). As a consequence, predictive tests usually follow this pattern in which there is an induction phase, the response to which is measured by a standardized elicitation phase, typically involving a patch test. The local lymph node assay is the exception, directly measuring the induction response. Evidence of skin sensitization in humans normally is assessed by a diagnostic patch test.
A.4.1.4 Usually, for both skin and respiratory sensitization, lower levels are necessary for elicitation than are required for induction.
A.4.1.5 The hazard class "respiratory or skin sensitization" is differentiated into: (a) Respiratory sensitization; and (b) Skin sensitization.
A.4.2 Classification Criteria for Substances
A.4.2.1 Respiratory Sensitizers
A.4.2.1.1 Hazard Categories.
A.4.2.1.1.1 Effects seen in either humans or animals will normally justify classification in a weight of evidence approach for respiratory sensitizers. Substances may be allocated to one of the two subcategories 1A or 1B using a weight of evidence approach in accordance with the criteria given in Table A.4.1 and on the basis of reliable and good quality evidence from human cases or epidemiological studies and/or observations from appropriate studies in experimental animals.
A.4.2.1.1.2 Where data are not sufficient for sub-categorization, respiratory sensitizers shall be classified in Category 1.
Table A.4.1 — Hazard Category and Sub-Categories for Respiratory Sensitizers
Category 1 Respiratory sensitizer
A substance is classified as a respiratory sensitizer.
(a) if there is evidence in humans that the substance can lead to specific respiratory hypersensitivity and/or (b) if there are positive results from an appropriate animal test.1
Sub-category 1A
Sub-category 1B
Substances showing a high frequency of occurrence in humans; or a probability of occurrence of a high sensitization rate in humans based on animal or other tests.1 Severity of reaction may also be considered.
Substances showing a low to moderate frequency of occurrence in humans; or a probability of occurrence of a low to moderate sensitization rate in humans based on animal or other tests.1 Severity of reaction may also be considered.
1At this writing, recognized and validated animal models for the testing of respiratory hypersensitivity are not available. Under certain circumstances, data from animal studies may provide valuable information in a weight of evidence assessment.
A.4.2.1.2 Human evidence.
A.4.2.1.2.1 Evidence that a substance can lead to specific respiratory hypersensitivity will normally be based on human experience. In this context, hypersensitivity is normally seen as asthma, but other hypersensitivity reactions such as rhinitis/conjunctivitis and alveolitis are also considered. The condition will have the clinical character of an allergic reaction. However, immunological mechanisms do not have to be demonstrated.
A.4.2.1.2.2 When considering the human evidence, it is necessary that in addition to the evidence from the cases, the following be taken into account:
(a) The size of the population exposed;
(b) The extent of exposure.
A.4.2.1.2.3 The evidence referred to above could be:
(a) Clinical history and data from appropriate lung function tests related to exposure to the substance, confirmed by other supportive evidence which may include:
(i) In vivo immunological test (e.g., skin prick test);
(ii) In vitro immunological test (e.g., serological analysis);
(iii) Studies that may indicate other specific hypersensitivity reactions where immunological mechanisms of action have not been proven, e.g., repeated low-level irritation, pharmacologically mediated effects;
(iv) A chemical structure related to substances known to cause respiratory hypersensitivity;
(b) Data from positive bronchial challenge tests with the substance conducted according to accepted guidelines for the determination of a specific hypersensitivity reaction.
A.4.2.1.2.4 Clinical history should include both medical and occupational history to determine a relationship between exposure to a specific substance and development of respiratory hypersensitivity. Relevant information includes aggravating factors both in the home and workplace, the onset and progress of the disease, family history and medical history of the patient in question. The medical history should also include a note of other allergic or airway disorders from childhood and smoking history.
A.4.2.1.2.5 The results of positive bronchial challenge tests are considered to provide sufficient evidence for classification on their own. It is, however, recognized that in practice many of the examinations listed above will already have been carried out.
A.4.2.1.3 Animal studies.
A.4.2.1.3.1 Data from appropriate animal studies5 which may be indicative of the potential of a humans6 may include:
5. At this writing, recognized and validated animal models for the testing of respiratory hypersensitivity are not available. Under certain circumstances, data from animal studies may provide valuable information in a weight of evidence assessment.
(a) Measurements of Immunoglobulin E (IgE) and other specific immunological parameters, for example in mice
(b) Specific pulmonary responses in guinea pigs.
A.4.2.2 Skin Sensitizers
A.4.2.2.1 Hazard categories.
A.4.2.2.1.1 Effects seen in either humans or animals will normally justify classification in a weight of evidence approach for skin sensitizers. Substances may be allocated to one of the two sub-categories 1A or 1B using a weight of evidence approach in accordance with the criteria given in Table A.4.2 and on the basis of reliable and good quality evidence from human cases or epidemiological studies and/or observations from appropriate studies in experimental animals according to the guidance values provided in A.4.2.2.2.1 and A.4.2.2.3.2 for sub-category 1A and in A.4.2.2.2.2 and A.4.2.2.3.3 for sub-category 1B.
A.4.2.2.1.2 Where data are not sufficient for sub-categorization, skin sensitizers shall be classified in Category 1.
Table A.4.2 — Hazard Category and Sub-Categories for Skin Sensitizers
Category 1 Skin sensitizer
A substance is classified as a skin sensitizer.
(a) if there is evidence in humans that the substance can lead to sensitization by skin contact in a substantial number of persons, or
(b) if there are positive results from an appropriate animal test.
Sub-category 1A
Sub-category 1B
Substances showing a high frequency of occurrence in humans and/or a high potency in animals can be presumed to have the potential to produce significant sensitization in humans. Severity of reaction may also be considered.
Substances showing a low to moderate frequency of occurrence in humans and/or a low to moderate potency in animals can be presumed to have the potential to produce sensitization in humans. Severity of reaction may also be considered.
A.4.2.2.2 Human evidence.
A.4.2.2.2.1 Human evidence for sub-category 1A may include:
(a) Positive responses at 500 μg/cm2 (Human Repeat Insult Patch Test (HRIPT), Human Maximization Test (HMT) — induction threshold);
(b) Diagnostic patch test data where there is a relatively high and substantial incidence of reactions in a defined population in relation to relatively low exposure;
(c) Other epidemiological evidence where there is a relatively high and substantial incidence of allergic contact dermatitis in relation to relatively low exposure.
A.4.2.2.2.2 Human evidence for sub-category 1B may include:
(a) Positive responses at >500 μ g/cm 2 (HRIPT, HMT — induction threshold);
(b) Diagnostic patch test data where there is a relatively low but substantial incidence of reactions in a defined population in relation to relatively high exposure;
(c) Other epidemiological evidence where there is a relatively low but substantial incidence of allergic contact dermatitis in relation to relatively high exposure.
A.4.2.2.3 Animal studies
A.4.2.2.3.1 For Category 1, when an adjuvant type test method for skin sensitization is used, a response of at least 30% of the animals is considered as positive. For a non-adjuvant Guinea pig test method a response of at least 15% of the animals is considered positive. For Category 1, a stimulation index of three or more is considered a positive response in the local lymph node assay.7
6. The mechanisms by which substances induce symptoms of asthma are not yet fully known. For preventive measures, these substances are considered respiratory sensitizers. However, if on the basis of the evidence, it can be demonstrated that these substances induce symptoms of asthma by irritation only in people with bronchial hyperactivity, they should not be considered as respiratory sensitizers.
A.4.2.2.3.2 Animal test results for sub-category 1A can include data with values indicated in Table A.4.3 below:
Table A.4.3 — Animal Test Results for Sub-Category 1A Assay Criteria
Local lymph node assay EC3 value 2%.
Guinea pig maximization test
Buehler assay
30% responding at 0.1% intradermal induction dose or
60% responding at >0.1% to 1% intradermal induction dose.
15% responding at 0.2% topical induction dose or
60% responding at >0.2% to 20% topical induction dose.
Note: EC3 refers to the estimated concentration of test chemical required to induce a stimulation index of 3 in the local lymph node assay.
A.4.2.2.3.3 Animal test results for sub-category 1B can include data with values indicated in Table A.4.4 below:
Table A.4.4 — Animal Test Results for Sub-Category 1B Assay Criteria
Local lymph node assay EC3 value >2%.
Guinea pig maximization test
30% to <60% responding at >0.1% to 1% intradermal induction dose or 30% responding at >1% intradermal induction dose.
Buehler assay 15% to <60% responding at >0.2% to 20% topical induction dose or 15% responding at >20% topical induction dose.
Note: EC3 refers to the estimated concentration of test chemical required to induce a stimulation index of 3 in the local lymph node assay.
A.4.2.2.4 Specific considerations.
A.4.2.2.4.1 For classification of a substance, evidence shall include one or more of the following using a weight of evidence approach:
(a) Positive data from patch testing, normally obtained in more than one dermatology clinic;
(b) Epidemiological studies showing allergic contact dermatitis caused by the substance. Situations in which a high proportion of those exposed exhibit characteristic symptoms are to be looked at with special concern, even if the number of cases is small;
(c) Positive data from appropriate animal studies;
(d) Positive data from experimental studies in man (See paragraph A.0.2.6 of this Appendix);
(e) Well documented episodes of allergic contact dermatitis, normally obtained in more than one dermatology clinic;
(f) Severity of reaction.
A.4.2.2.4.2 Evidence from animal studies is usually much more reliable than evidence from human exposure. However, in cases where evidence is available from both sources, and there is conflict between the results, the quality and reliability of the evidence from both sources must be assessed in order to resolve the question of classification on a case-by-case basis. Normally, human data are not generated in controlled experiments with volunteers for the purpose of hazard classification but rather as part of risk assessment to confirm lack of effects seen in animal tests. Consequently, positive human data on skin sensitization are usually derived from case-control or other, less defined studies. Evaluation of human data must, therefore, be carried out with caution as the frequency of cases reflect, in addition to the inherent properties of the substances, factors such as the exposure situation, bioavailability, individual predisposition and preventive measures taken. Negative human data should not normally be used to negate positive
7. Test methods for skin sensitization are described in OECD Guideline 406 (the Guinea Pig Maximization test and the Buehler guinea pig test) and Guideline 429 (Local Lymph Node Assay). Other methods may be used provided that they are scientifically validated. The Mouse Ear Swelling Test (MEST), appears to be a reliable screening test to detect moderate to strong sensitizers, and can be used, in accordance with professional judgment, as a first stage in the assessment of skin sensitization potential.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
results from animal studies. For both animal and human data, consideration should be given to the impact of vehicle.
A.4.2.2.4.3 If none of the above-mentioned conditions are met, the substance need not be classified as a skin sensitizer. However, a combination of two or more indicators of skin sensitization, as listed below, may alter the decision. This shall be considered on a case-by-case basis.
(a) Isolated episodes of allergic contact dermatitis;
(b) Epidemiological studies of limited power, e.g., where chance, bias or confounders have not been ruled out fully with reasonable confidence;
(c) Data from animal tests, performed according to existing guidelines, which do not meet the criteria for a positive result described in A.4.2.2.3, but which are sufficiently close to the limit to be considered significant;
(d) Positive data from non-standard methods;
(e) Positive results from close structural analogues.
A.4.2.2.4.4 Immunological contact urticaria.
A.4.2.2.4.4.1 Substances meeting the criteria for classification as respiratory sensitizers may, in addition, cause immunological contact urticaria. Consideration shall be given to classifying these substances as skin sensitizers.
A.4.2.2.4.4.2 Substances which cause immunological contact urticaria without meeting the criteria for respiratory sensitizers shall be considered for classification as skin sensitizers.
A.4.2.2.4.4.3 There is no recognized animal model available to identify substances which cause immunological contact urticaria. Therefore, classification will normally be based on human evidence, similar to that for skin sensitization.
A.4.3 Classification Criteria for Mixtures
A.4.3.1 Classification of Mixtures When Data Are Available for the Complete Mixture When reliable and good quality evidence, as described in the criteria for substances, from human experience or appropriate studies in experimental animals, is available for the mixture, then the mixture shall be classified by weight of evidence evaluation of these data. Care must be exercised in evaluating data on mixtures that the dose used does not render the results inconclusive.
A.4.3.2 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.4.3.2.1 Where the mixture itself has not been tested to determine its sensitizing properties, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data will be used in accordance with the following agreed bridging principles as found in paragraph A.0.5 of this Appendix: Dilution, Batching, Concentration of mixtures, Interpolation, Substantially similar mixtures, and Aerosols.
A.4.3.3 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
The mixture shall be classified as a respiratory or skin sensitizer when at least one ingredient has been classified as a respiratory or skin sensitizer and is present at or above the appropriate cut-off value/concentration limit for the specific endpoint as shown in Table A.4.5.
Table A.4.5 — Cut-Off Values/Concentration Limits of Ingredients of a Mixture Classified as Either Respiratory Sensitizers or Skin Sensitizers That Would Trigger Classification of the Mixture
Ingredient classified as: Cut-off values/concentration limits triggering classification of a mixture as:
Respiratory Sensitizer Category 1 Skin Sensitizer Category 1 Solid/liquid Gas All physical states
A.5 GERM CELL MUTAGENICITY
A.5.1 Definitions and General Considerations
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.5.1.3 This hazard class is primarily concerned with chemicals that may cause mutations in the germ cells of humans that can be transmitted to the progeny. However, mutagenicity/genotoxicity tests in vitro and in mammalian somatic cells in vivo are also considered in classifying substances and mixtures within this hazard class.
A.5.2 Classification Criteria for Substances
A.5.2.1 The classification system provides for two different categories of germ cell mutagens to accommodate the weight of evidence available. The two-category system is described in the Figure A.5.1.
Figure A.5.1 — Hazard Categories for Germ Cell Mutagens
CATEGORY 1: Substances known to induce heritable mutations or to be regarded as if they induce heritable mutations in the germ cells of humans.
Category 1A: Substances known to induce heritable mutations in germ cells of humans. Positive evidence from human epidemiological studies.
Category 1B: Substances which should be regarded as if they induce heritable mutations in the germ cells of humans.
(a) Positive result(s) from in vivo heritable germ cell mutagenicity tests in mammals; or
(b) Positive result(s) from in vivo somatic cell mutagenicity tests in mammals, in combination with some evidence that the substance has potential to cause mutations to germ cells. This supporting evidence may, for example, be derived from mutagenicity/genotoxicity tests in germ cells in vivo, or by demonstrating the ability of the substance or its metabolite(s) to interact with the genetic material of germ cells; or
(c) Positive results from tests showing mutagenic effects in the germ cells of humans, without demonstration of transmission to progeny; for example, an increase in the frequency of aneuploidy in sperm cells of exposed people.
CATEGORY 2: Substances which cause concern for humans owing to the possibility that they may induce heritable mutations in the germ cells of humans.
Positive evidence obtained from experiments in mammals and/or in some cases from in vitro experiments, obtained from:
(a) Somatic cell mutagenicity tests in vivo, in mammals; or (b) Other in vivo somatic cell genotoxicity tests which are supported by positive results from in vitro mutagenicity assays.
Note: Substances which are positive in in vitro mammalian mutagenicity assays, and which also show chemical structure activity relationship to known germ cell mutagens, should be considered for classification as Category 2 mutagens.
A.5.2.2 Specific considerations for classification of substances as germ cell mutagens:
A.5.2.2.1 To arrive at a classification, test results are considered from experiments determining mutagenic and/or genotoxic effects in germ and/or somatic cells of exposed animals. Mutagenic and/or genotoxic effects determined in in vitro tests shall also be considered.
A.5.2.2.2 The system is hazard based, classifying chemicals on the basis of their intrinsic ability to induce mutations in germ cells. The scheme is, therefore, not meant for the (quantitative) risk assessment of chemical substances.
A.5.2.2.3 Classification for heritable effects in human germ cells is made on the basis of scientifically validated tests. Evaluation of the test results shall be done using expert judgment and all the available evidence shall be weighed for classification.
A.5.2.2.4 The classification of substances shall be based on the total weight of evidence available, using expert judgment. In those instances where a single wellconducted test is used for classification, it shall provide clear and unambiguously positive results. The relevance of the route of exposure used in the study of
the substance compared to the route of human exposure should also be taken into account.
A.5.3 Classification Criteria for Mixtures8
A.5.3.1 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
A.5.3.1.1 Classification of mixtures shall be based on the available test data for the individual ingredients of the mixture using cut-off values/concentration limits for the ingredients classified as germ cell mutagens.
A.5.3.1.2 The mixture will be classified as a mutagen when at least one ingredient has been classified as a Category 1A, Category 1B or Category 2 mutagen and is present at or above the appropriate cut-off value/concentration limit as shown in Table A.5.1 below for Category 1 and 2 respectively.
Table A.5.1 — Cut-Off Values/Concentration Limits of Ingredients of a Mixture Classified as Germ Cell Mutagens That Would Trigger Classification of the Mixture
Cut-off/concentration limits triggering classification of a mixture as:
Ingredient classified as:
Note: The cut-off values/concentration limits in the table above apply to solids and liquids (w/w units) as well as gases (v/v units).
A.5.3.2 Classification of Mixtures When Data Are Available for the Mixture Itself
The classification may be modified on a case-by-case basis based on the available test data for the mixture as a whole. In such cases, the test results for the mixture as a whole must be shown to be conclusive taking into account dose and other factors such as duration, observations and analysis (e.g. statistical analysis, test sensitivity) of germ cell mutagenicity test systems.
A.5.3.3 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.5.3.3.1 Where the mixture itself has not been tested to determine its germ cell mutagenicity hazard, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data will be used in accordance with the following bridging principles as found in paragraph A.0.5 of this Appendix: Dilution, Batching, and Substantially similar mixtures.
A.5.4 Examples of Scientifically Validated Test Methods
A.5.4.1 Examples of in vivo heritable germ cell mutagenicity tests are:
(a) Rodent dominant lethal mutation test (OECD 478)
(b) Mouse heritable translocation assay (OECD 485)
(c) Mouse specific locus test
A.5.4.2 Examples of in vivo somatic cell mutagenicity tests are:
(a) Mammalian bone marrow chromosome aberration test (OECD 475)
(b) Mouse spot test (OECD 484)
(c) Mammalian erythrocyte micronucleus test (OECD 474)
A.5.4.3 Examples of mutagenicity/genotoxicity tests in germ cells are:
(a) Mutagenicity tests:
(i) Mammalian spermatogonial chromosome aberration test (OECD 483)
(ii) Spermatid micronucleus assay
(b) Genotoxicity tests:
(i) Sister chromatid exchange analysis in spermatogonia
(ii) Unscheduled DNA synthesis test (UDS) in testicular cells
A.5.4.4 Examples of genotoxicity tests in somatic cells are:
(a) Liver Unscheduled DNA Synthesis (UDS) in vivo (OECD 486)
(b) Mammalian bone marrow Sister Chromatid Exchanges (SCE)
8. It should be noted that the classification criteria for health hazards usually include a tiered scheme in which test data available on the complete mixture are considered as the first tier in the evaluation, followed by the applicable bridging principles, and lastly, cut-off values/concentration limits or additivity. However, this approach is not used for Germ Cell Mutagenicity. These criteria for Germ Cell Mutagenicity consider the cut-off values/concentration limits as the primary tier and allow the classification to be modified only on a caseby-case evaluation based on available test data for the mixture as a whole.
A.5.4.5 Examples of in vitro mutagenicity tests are:
(a) In vitro mammalian chromosome aberration test (OECD 473)
(b) In vitro mammalian cell gene mutation test (OECD 476)
(c) Bacterial reverse mutation tests (OECD 471)
A.5.4.6 As new, scientifically validated tests arise, these may also be used in the total weight of evidence to be considered.
A.6 CARCINOGENICITY
A.6.1 Definitions
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.6.2
Classification Criteria for Substances9
A.6.2.1 For the purpose of classification for carcinogenicity, substances are allocated to one of two categories based on strength of evidence and additional weight of evidence considerations. In certain instances, route-specific classification may be warranted.
Figure A.6.1 — Hazard Categories for Carcinogens
CATEGORY 1: Known or presumed human carcinogens.
The classification of a substance as a Category 1 carcinogen is done on the basis of epidemiological and/or animal data. This classification is further distinguished on the basis of whether the evidence for classification is largely from human data (Category 1A) or from animal data (Category 1B):
Category 1A: Known to have carcinogenic potential for humans. Classification in this category is largely based on human evidence.
Category 1B: Presumed to have carcinogenic potential for humans. Classification in this category is largely based on animal evidence.
The classification of a substance in Category 1A and 1B is based on strength of evidence together with weight of evidence considerations (See paragraph A.6.2.5).
Such evidence may be derived from:
— human studies that establish a causal relationship between human exposure to a substance and the development of cancer (known human carcinogen); or — animal experiments for which there is sufficient evidence to demonstrate animal carcinogenicity (presumed human carcinogen).
In addition, on a case by case basis, scientific judgment may warrant a decision of presumed human carcinogenicity derived from studies showing limited evidence of carcinogenicity in humans together with limited evidence of carcinogenicity in experimental animals.
CATEGORY 2: Suspected human carcinogens.
The classification of a substance in Category 2 is done on the basis of evidence obtained from human and/or animal studies, but which is not sufficiently convincing to place the substance in Category 1A or B. This classification is based on strength of evidence together with weight of evidence considerations (See paragraph A.6.2.5). Such evidence may be from either limited evidence of carcinogenicity in human studies or from limited evidence of carcinogenicity in animal studies.
Other considerations: Where the weight of evidence for the carcinogenicity of a substance does not meet the above criteria, any positive study conducted in accordance with established scientific principles, and which reports statistically significant findings regarding the carcinogenic potential of the substance, must be noted on the safety data sheet.
A.6.2.2 Classification as a carcinogen is made on the basis of evidence from reliable and acceptable methods, and is intended to be used for substances which have an intrinsic property to produce such toxic effects. The evaluations are to be based on all existing data, peer-reviewed published studies and additional data accepted by regulatory agencies.
A.6.2.3 Carcinogen classification is a one-step, criterion-based process that involves two interrelated determinations: evaluations of strength of evidence and consideration of all other relevant information to place substances with human cancer potential into hazard categories.
A.6.2.4 Strength of evidence involves the enumeration of tumors in human and animal studies and determination of their level of statistical significance. Sufficient human evidence demonstrates causality between human exposure and the development of cancer, whereas
9. See Non-mandatory Appendix F Part A for further guidance regarding hazard classification for carcinogenicity. This appendix is consistent with the GHS adn is provided as guidance excerpted from the International Agency for Research on Cancer (IARC) "Monographs on the Evaluation of Carcinogenic Risks to Humans" (2006).
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
sufficient evidence in animals shows a causal relationship between the agent and an increased incidence of tumors. Limited evidence in humans is demonstrated by a positive association between exposure and cancer, but a causal relationship cannot be stated. Limited evidence in animals is provided when data suggest a carcinogenic effect, but are less than sufficient. (Guidance on consideration of important factors in the classification of carcinogenicity and a more detailed description of the terms "limited" and "sufficient" have been developed by the International Agency for Research on Cancer (IARC) and are provided in non-mandatory Appendix F).
A.6.2.5 Weight of evidence: Beyond the determination of the strength of evidence for carcinogenicity, a number of other factors should be considered that influence the overall likelihood that an agent may pose a carcinogenic hazard in humans. The full list of factors that influence this determination is very lengthy, but some of the important ones are considered here.
A.6.2.5.1 These factors can be viewed as either increasing or decreasing the level of concern for human carcinogenicity. The relative emphasis accorded to each factor depends upon the amount and coherence of evidence bearing on each. Generally there is a requirement for more complete information to decrease than to increase the level of concern. Additional considerations should be used in evaluating the tumor findings and the other factors in a case-by-case manner.
A.6.2.5.2 Some important factors which may be taken into consideration, when assessing the overall level of concern are:
(a) Tumor type and background incidence;
(b) Multisite responses;
(c) Progression of lesions to malignancy;
(d) Reduced tumor latency;
Additional factors which may increase or decrease the level of concern include:
(e) Whether responses are in single or both sexes;
(f) Whether responses are in a single species or several species;
(g) Structural similarity or not to a substance(s) for which there is good evidence of carcinogenicity;
(h) Routes of exposure;
(i) Comparison of absorption, distribution, metabolism and excretion between test animals and humans;
(j) The possibility of a confounding effect of excessive toxicity at test doses; and,
(k) Mode of action and its relevance for humans, such as mutagenicity, cytotoxicity with growth stimulation, mitogenesis, immunosuppression.
Mutagenicity: It is recognized that genetic events are central in the overall process of cancer development. Therefore evidence of mutagenic activity in vivo may indicate that a substance has a potential for carcinogenic effects.
A.6.2.5.3 A substance that has not been tested for carcinogenicity may in certain instances be classified in Category 1A, Category 1B, or Category 2 based on tumor data from a structural analogue together with substantial support from consideration of other important factors such as formation of common significant metabolites, e.g., for benzidine congener dyes.
A.6.2.5.4 The classification should also take into consideration whether or not the substance is absorbed by a given route(s); or whether there are only local tumors at the site of administration for the tested route(s), and adequate testing by other major route(s) show lack of carcinogenicity.
A.6.2.5.5 It is important that whatever is known of the physico-chemical, toxicokinetic and toxicodynamic properties of the substances, as well as any available relevant information on chemical analogues, i.e., structure activity relationship, is taken into consideration when undertaking classification.
A.6.3 Classification Criteria for Mixtures10
A.6.3.1 The mixture shall be classified as a carcinogen when at least one ingredient has been classified as a Category 1 or Category 2 carcinogen and is present at or above the appropriate cut-off value/concentration limit as shown in Table A.6.1.
Table A.6.1 — Cut-Off Values/Concentration Limits of Ingredients of a Mixture Classified as Carcinogen That Would Trigger Classification of the Mixture
Ingredient classified as: Category 1 carcinogen Category 2 carcinogen
Category 1 carcinogen 0.1%
Category 2 carcinogen 0.1% (note 1).
Note: If a Category 2 carcinogen ingredient is present in the mixture at a concentration between 0.1% and 1%, information is required on the SDS for a product. However, a label warning is optional. If a Category 2 carcinogen ingredient is present in the mixture at a concentration of 1%, both an SDS and a label is required and the information must be included on each.
A.6.3.2 Classification of Mixtures When Data Are Available for the Complete Mixture
A mixture may be classified based on the available test data for the mixture as a whole. In such cases, the test results for the mixture as a whole must be shown to be conclusive taking into account dose and other factors such as duration, observations and analysis (e.g., statistical analysis, test sensitivity) of carcinogenicity test systems.
A.6.3.3 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
Where the mixture itself has not been tested to determine its carcinogenic hazard, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data will be used in accordance with the following bridging principles as found in paragraph A.0.5 of this Appendix: Dilution; Batching; and Substantially similar mixtures.
A.6.4 Classification of Carcinogenicity11
A.6.4.1 Chemical manufacturers, importers and employers evaluating chemicals may treat the following sources as establishing that a substance is a carcinogen or potential carcinogen for hazard communication purposes in lieu of applying the criteria described herein:
A.6.4.1.1 National Toxicology Program (NTP), "Report on Carcinogens" (latest edition);
A.6.4.1.2 International Agency for Research on Cancer (IARC) "Monographs on the Evaluation of Carcinogenic Risks to Humans" (latest editions)
A.6.4.2 Where OSHA has included cancer as a health hazard to be considered by classifiers for a chemical covered by 29 CFR part 1910, Subpart Z, Toxic and Hazardous Substances, chemical manufacturers, importers, and employers shall classify the chemical as a carcinogen.
A.7 REPRODUCTIVE TOXICITY
A.7.1 Definitions and General Considerations
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,
10. It should be noted that the classification criteria for health hazards usually include a tiered scheme in which test data available on the complete mixture are considered as the first tier in the evaluation, followed by the applicable bridging principles, and lastly, cut-off values/concentration limit or additivity. However, this approach is not used for Carcinogenicity. These criteria for Carcinogenicity consider the cut-off values/concentration limits as the primary tier and allow the classification to be modified only on a case-by-case evaluation based on available test data for the mixture as a whole.
11. See Non-mandatory Appendix F for further guidance regarding hazard classification for carcinogenicity and how to relate carcinogenicity classification information from IARC and NTP to GHS.
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.7.1.4 Adverse effects on or via lactation are also included in reproductive toxicity, but for classification purposes, such effects are treated separately (See A.7.2.1).
A.7.2 Classification Criteria for Substances
A.7.2.1 For the purpose of classification for reproductive toxicity, substances shall be classified in one of two categories in accordance with Figure A.7.1(a). Effects on sexual function and fertility, and on development, shall be considered. In addition, effects on or via lactation shall be classified in a separate hazard category in accordance with Figure A.7.1(b).
Figure A.7.1(a) — Hazard Categories for Reproductive Toxicants
CATEGORY 1: Known or presumed human reproductive toxicant.
Substance shall be classified in Category 1 for reproductive toxicity when they are known to have produced an adverse effect on sexual function and fertility or on development in humans or when there is evidence from animal studies, possibly supplemented with other information, to provide a strong presumption that the substance has the capacity to interfere with reproduction in humans. The classification of a substance is further distinguished on the basis of whether the evidence for classification is primarily from human data (Category 1A) or from animal data (Category 1B).
Category 1A: Known human reproductive toxicant.
The classification of a substance in this category is largely based on evidence from humans.
Category 1B: Presumed human reproductive toxicant.
The classification of a substance in this category is largely based on evidence from experimental animals. Data from animal studies shall provide sufficient evidence of an adverse effect on sexual function and fertility or on development in the absence of other toxic effects, or if occurring together with other toxic effects the adverse effect on reproduction is considered not to be a secondary non-specific consequence of other toxic effects. However, when there is mechanistic information that raises doubt about the relevance of the effect for humans, classification in Category 2 may be more appropriate.
CATEGORY 2: Suspected human reproductive toxicant.
Substances shall be classified in Category 2 for reproductive toxicity when there is some evidence from humans or experimental animals, possibly supplemented with other information, of an adverse effect on sexual function and fertility, or on development, in the absence of other toxic effects, or if occurring together with other toxic effects the adverse effect on reproduction is considered not to be a secondary non-specific consequence of the other toxic effects, and where the evidence is not sufficiently convincing to place the substance in Category 1. For instance, deficiencies in the study may make the quality of evidence less convincing, and in view of this, Category 2 would be the more appropriate classification.
Figure A.7.1(b) — Hazard Category for Effects on or Via Lactation EFFECTS ON OR VIA LACTATION
Effects on or via lactation shall be classified in a separate single category. Chemicals that are absorbed by women and have been shown to interfere with lactation or that may be present (including metabolites) in breast milk in amounts sufficient to cause concern for the health of a breastfed child, shall be classified to indicate this property hazardous to breastfed babies. This classification shall be assigned on the basis of:
(a) absorption, metabolism, distribution and excretion studies that indicate the likelihood the substance would be present in potentially toxic levels in breast milk; and/or
(b) results of one or two generation studies in animals which provide clear evidence of adverse effect in the offspring due to transfer in the milk or adverse effect on the quality of the milk; and/or
(c) human evidence indicating a hazard to babies during the lactation period.
A.7.2.2
Basis of Classification
A.7.2.2.1 Classification is made on the basis of the criteria, outlined above, an assessment of the total weight of evidence, and the use of expert judgment. Classification as a reproductive toxicant is intended to be used for substances which have an intrinsic, specific property to produce an adverse effect on reproduction and substances should not be so classified if such an effect is produced solely as a non-specific secondary consequence of other toxic effects.
A.7.2.2.2 In the evaluation of toxic effects on the developing offspring, it is important to consider the possible influence of maternal toxicity.
A.7.2.2.3 For human evidence to provide the primary basis for a Category 1A classification there must be reliable evidence of an adverse effect on reproduction in humans. Evidence used for classification shall be from well conducted epidemiological studies, if available, which include the use of appropriate controls, balanced assessment, and due consideration of bias or confounding factors. Less rigorous data from studies in humans may be sufficient for a Category 1A classification if supplemented with adequate data from studies in experimental animals, but classification in Category 1B may also be considered.
A.7.2.3
Weight of Evidence
A.7.2.3.1 Classification as a reproductive toxicant is made on the basis of an assessment of the total weight of evidence using expert judgment. This means that all available information that bears on the determination of reproductive toxicity is considered together. Included is information such as epidemiological studies and case reports in humans and specific reproduction studies along with sub-chronic, chronic and special study results in animals that provide relevant information regarding toxicity to reproductive and related endocrine organs. Evaluation of substances chemically related to the material under study may also be included, particularly when information on the material is scarce. The weight given to the available evidence will be influenced by factors such as the quality of the studies, consistency of results, nature and severity of effects, level of statistical significance for intergroup differences, number of endpoints affected, relevance of route of administration to humans and freedom from bias. Both positive and negative results are considered together in a weight of evidence determination. However, a single, positive study performed according to good scientific principles and with statistically or biologically significant positive results may justify classification (See also A.7.2.2.3).
A.7.2.3.2 Toxicokinetic studies in animals and humans, site of action and mechanism or mode of action study results may provide relevant information, which could reduce or increase concerns about the hazard to human health. If it is conclusively demonstrated that the clearly identified mechanism or mode of action has no relevance for humans or when the toxicokinetic differences are so marked that it is certain that the hazardous property will not be expressed in humans then a chemical which produces an adverse effect on reproduction in experimental animals should not be classified.
A.7.2.3.3 In some reproductive toxicity studies in experimental animals the only effects recorded may be considered of low or minimal toxicological significance and classification may not necessarily be the outcome. These effects include, for example, small changes in semen parameters or in the incidence of spontaneous defects in the fetus, small changes in the proportions of common fetal variants such as are observed in skeletal examinations, or in fetal weights, or small differences in postnatal developmental assessments.
A.7.2.3.4 Data from animal studies shall provide sufficient evidence of specific reproductive toxicity in the absence of other systemic toxic effects. However, if developmental toxicity occurs together with other toxic effects in the dam (mother), the potential influence of the generalized adverse effects should be assessed to the extent possible. The preferred approach is to consider adverse effects in the embryo/fetus first, and then evaluate maternal toxicity, along with any other factors which are likely to have influenced these effects, as part of the weight of evidence. In general, developmental effects that are observed at maternally toxic doses should not be automatically discounted. Discounting developmental effects that are observed at maternally toxic doses can only be done on a case-bycase basis when a causal relationship is established or refuted.
A.7.2.3.5 If appropriate information is available it is important to try to determine whether developmental toxicity is due to a specific maternally mediated mechanism or to a non-specific secondary mechanism, like maternal stress and the disruption of homeostasis. Generally, the presence of maternal toxicity should not be used to
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
negate findings of embryo/fetal effects, unless it can be clearly demonstrated that the effects are secondary non-specific effects. This is especially the case when the effects in the offspring are significant, e.g., irreversible effects such as structural malformations. In some situations it is reasonable to assume that reproductive toxicity is due to a secondary consequence of maternal toxicity and discount the effects, for example if the chemical is so toxic that dams fail to thrive and there is severe inanition; they are incapable of nursing pups; or they are prostrate or dying.
A.7.2.4 Maternal Toxicity
A.7.2.4.1 Development of the offspring throughout gestation and during the early postnatal stages can be influenced by toxic effects in the mother either through nonspecific mechanisms related to stress and the disruption of maternal homeostasis, or by specific maternallymediated mechanisms. So, in the interpretation of the developmental outcome to decide classification for developmental effects it is important to consider the possible influence of maternal toxicity. This is a complex issue because of uncertainties surrounding the relationship between maternal toxicity and developmental outcome. Expert judgment and a weight of evidence approach, using all available studies, shall be used to determine the degree of influence to be attributed to maternal toxicity when interpreting the criteria for classification for developmental effects. The adverse effects in the embryo/fetus shall be first considered, and then maternal toxicity, along with any other factors which are likely to have influenced these effects, as weight of evidence, to help reach a conclusion about classification.
A.7.2.4.2 Based on pragmatic observation, it is believed that maternal toxicity may, depending on severity, influence development via non-specific secondary mechanisms, producing effects such as depressed fetal weight, retarded ossification, and possibly resorptions and certain malformations in some strains of certain species. However, the limited numbers of studies which have investigated the relationship between developmental effects and general maternal toxicity have failed to demonstrate a consistent, reproducible relationship across species. Developmental effects which occur even in the presence of maternal toxicity are considered to be evidence of developmental toxicity, unless it can be unequivocally demonstrated on a case by case basis that the developmental effects are secondary to maternal toxicity. Moreover, classification shall be considered where there is a significant toxic effect in the offspring, e.g., irreversible effects such as structural malformations, embryo/fetal lethality, or significant postnatal functional deficiencies.
A.7.2.4.3 Classification shall not automatically be discounted for chemicals that produce developmental toxicity only in association with maternal toxicity, even if a specific maternally-mediated mechanism has been demonstrated. In such a case, classification in Category 2 may be considered more appropriate than Category 1. However, when a chemical is so toxic that maternal death or severe inanition results, or the dams (mothers) are prostrate and incapable of nursing the pups, it is reasonable to assume that developmental toxicity is produced solely as a secondary consequence of maternal toxicity and discount the developmental effects. Classification is not necessarily the outcome in the case of minor developmental changes, e.g., a small reduction in fetal/pup body weight or retardation of ossification when seen in association with maternal toxicity.
A.7.2.4.4 Some of the endpoints used to assess maternal toxicity are provided below. Data on these endpoints, if available, shall be evaluated in light of their statistical or biological significance and dose-response relationship.
(a) Maternal mortality: An increased incidence of mortality among the treated dams over the controls shall be considered evidence of maternal toxicity if the increase occurs in a dose-related manner and can be attributed to the systemic toxicity of the test material. Maternal mortality greater than 10% is considered excessive and the data for that dose level shall not normally be considered to need further evaluation.
(b) Mating index (Number of animals with seminal plugs or sperm/Number of mated × 100)
(c) Fertility index (Number of animals with implants/ Number of matings × 100)
(d) Gestation length (If allowed to deliver)
(e) Body weight and body weight change: Consideration of the maternal body weight change and/or adjusted (corrected) maternal body weight shall be included in the evaluation of maternal toxicity whenever such data are available. The calculation of an adjusted (corrected) mean maternal body weight change, which is the difference between the initial and terminal body weight minus the gravid uterine weight (or alternatively, the sum of the weights of the fetuses), may indicate whether the effect is maternal or intrauterine. In rabbits, the body weight gain may not be a useful indicator of maternal toxicity because of normal fluctuations in body weight during pregnancy.
(f) Food and water consumption (if relevant): The observation of a significant decrease in the average food or water consumption in treated dams (mothers) compared to the control group may be useful in evaluating maternal toxicity, particularly when the test material is administered in the diet or drinking water. Changes in food or water consumption must be evaluated in conjunction with maternal body weights when determining if the effects noted are reflective of maternal toxicity or more simply, unpalatability of the test material in feed or water.
(g) Clinical evaluations (including clinical signs, markers, and hematology and clinical chemistry studies): The observation of increased incidence of significant clinical signs of toxicity in treated dams (mothers) relative to the control group is useful in evaluating maternal toxicity. If this is to be used as the basis for the assessment of maternal toxicity, the types, incidence, degree and duration of clinical signs shall be reported in the study. Clinical signs of maternal intoxication include, but are not limited to: coma, prostration, hyperactivity, loss of righting reflex, ataxia, or labored breathing.
(h) Post-mortem data: Increased incidence and/or severity of post-mortem findings may be indicative of maternal toxicity. This can include gross or microscopic pathological findings or organ weight data, including absolute organ weight, organ-to-body weight ratio, or organ-to-brain weight ratio. When supported by findings of adverse histopathological effects in the affected organ(s), the observation of a significant change in the average weight of suspected target organ(s) of treated dams (mothers), compared to those in the control group, may be considered evidence of maternal toxicity.
A.7.2.5 Animal and Experimental Data
A.7.2.5.1 A number of scientifically validated test methods are available, including methods for developmental toxicity testing (e.g., OECD Test Guideline 414, ICH Guideline S5A, 1993), methods for peri- and post-natal toxicity testing (e.g., ICH S5B, 1995), and methods for one or two-generation toxicity testing (e.g., OECD Test Guidelines 415, 416)
A.7.2.5.2 Results obtained from screening tests (e.g., OECD Guidelines 421 — Reproduction/Developmental Toxicity Screening Test, and 422 — Combined Repeated Dose Toxicity Study with Reproduction/Development Toxicity Screening Test) can also be used to justify classification, although the quality of this evidence is less reliable than that obtained through full studies.
A.7.2.5.3 Adverse effects or changes, seen in short- or long-term repeated dose toxicity studies, which are judged likely to impair reproductive function and which occur in the absence of significant generalized toxicity, may be used as a basis for classification, e.g., histopathological changes in the gonads.
A.7.2.5.4 Evidence from in vitro assays, or non-mammalian tests, and from analogous substances using structure-activity relationship (SAR), can contribute to the procedure for classification. In all cases of this nature, expert judgment must be used to assess the adequacy of the data. Inadequate data shall not be used as a primary support for classification.
A.7.2.5.5 It is preferable that animal studies are conducted using appropriate routes of administration which relate to the potential route of human exposure. However, in practice, reproductive toxicity studies are commonly conducted using the oral route, and such studies will normally be suitable for evaluating the hazardous properties of the substance with respect to reproductive toxicity. However, if it can be conclusively demonstrated that the
clearly identified mechanism or mode of action has no relevance for humans or when the toxicokinetic differences are so marked that it is certain that the hazardous property will not be expressed in humans then a substance which produces an adverse effect on reproduction in experimental animals should not be classified.
A.7.2.5.6 Studies involving routes of administration such as intravenous or intraperitoneal injection, which may result in exposure of the reproductive organs to unrealistically high levels of the test substance, or elicit local damage to the reproductive organs, e.g., by irritation, must be interpreted with extreme caution and on their own are not normally the basis for classification.
A.7.2.5.7 There is general agreement about the concept of a limit dose, above which the production of an adverse effect may be considered to be outside the criteria which lead to classification. Some test guidelines specify a limit dose, other test guidelines qualify the limit dose with a statement that higher doses may be necessary if anticipated human exposure is sufficiently high that an adequate margin of exposure would not be achieved. Also, due to species differences in toxicokinetics, establishing a specific limit dose may not be adequate for situations where humans are more sensitive than the animal model.
A.7.2.5.8 In principle, adverse effects on reproduction seen only at very high dose levels in animal studies (for example doses that induce prostration, severe inappetence, excessive mortality) do not normally lead to classification, unless other information is available, for example, toxicokinetics information indicating that humans may be more susceptible than animals, to suggest that classification is appropriate.
A.7.2.5.9 However, specification of the actual "limit dose" will depend upon the test method that has been employed to provide the test results.
A.7.3 Classification Criteria for Mixtures12
A.7.3.1 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
A.7.3.1.1 The mixture shall be classified as a reproductive toxicant when at least one ingredient has been classified as a Category 1 or Category 2 reproductive toxicant and is present at or above the appropriate cutoff value/concentration limit specified in Table A.7.1 for Category 1 and 2, respectively.
A.7.3.1.2 The mixture shall be classified for effects on or via lactation when at least one ingredient has been classified for effects on or via lactation and is present at or above the appropriate cut-off value/concentration limit specified in Table A.7.1 for the additional category for effects on or via lactation.
Table A.7.1 — Cut-Off Values/Concentration Limits of Ingredients of a Mixture Classified as Reproductive Toxicants or for Effects on or via Lactation That Trigger Classification of the Mixture
Ingredients classified as: Cut-off values/concentration limits triggering classification of a mixture as:
or
A.7.3.2 Classification of Mixtures When Data Are Available for the Complete Mixture
Available test data for the mixture as a whole may be used for classification on a case-by-case basis. In such cases, the test results for the mixture as a whole must be shown to be conclusive taking into account dose and other factors such as duration, observations and analysis (e.g., statistical analysis, test sensitivity) of reproduction test systems.
A.7.3.3 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.7.3.3.1 Where the mixture itself has not been tested to determine its reproductive toxicity, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data shall be used in accordance with the following bridging principles as found in paragraph A.0.5 of this Appendix: Dilution, Batching, and Substantially similar mixtures.
A.8 SPECIFIC TARGET ORGAN TOXICITY SINGLE EXPOSURE
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.8.1.2 Classification identifies the chemical as being a specific target organ toxicant and, as such, it presents a potential for adverse health effects in people who are exposed to it.
A.8.1.3 The adverse health effects produced by a single exposure include consistent and identifiable toxic effects in humans; or, in experimental animals, toxicologically significant changes which have affected the function or morphology of a tissue/organ, or have produced serious changes to the biochemistry or hematology of the organism, and these changes are relevant for human health. Human data is the primary source of evidence for this hazard class.
A.8.1.4 Assessment shall take into consideration not only significant changes in a single organ or biological system but also generalized changes of a less severe nature involving several organs.
A.8.1.5 Specific target organ toxicity can occur by any route that is relevant for humans, i.e., principally oral, dermal or inhalation.
A.8.1.6 The classification criteria for specific organ systemic toxicity single exposure are organized as criteria for substances Categories 1 and 2 (See A.8.2.1), criteria for substances Category 3 (See A.8.2.2) and criteria for mixtures (See A.8.3). See also Figure A.8.1.
A.8.2 Classification Criteria for Substances
A.8.2.1 Substances of Category 1 and Category 2
A.8.2.1.1 Substances shall be classified for immediate or delayed effects separately, by the use of expert judgment on the basis of the weight of all evidence available, including the use of recommended guidance values (See A.8.2.1.9). Substances shall then be classified in Category 1 or 2, depending upon the nature and severity of the effect(s) observed, in accordance with Figure A.8.1.
Figure A.8.1 — Hazard Categories for Specific Target Organ Toxicity Following Single Exposure
CATEGORY 1: Substances that have produced significant toxicity in humans, or that, on the basis of evidence from studies in experimental animals can be presumed to have the potential to produce significant toxicity in humans following single exposure Substances are classified in Category 1 for STOT-SE on the basis of:
12. It should be noted that the classification criteria for health hazards usually include a tiered scheme in which test data available on the complete mixture are considered as the first tier in the evaluation, followed by the applicable bridging principles, and lastly, cut-off values/concentration limits or additivity. However, this approach is not used for Reproductive Toxicity. These criteria for Reproductive Toxicity consider the cut-off values/concentration limits as the primary tier and allow the classification to be modified only on a caseby-case evaluation based on available test data for the mixture as a whole.
(a) reliable and good quality evidence from human cases or epidemiological studies; or (b) observations from appropriate studies in experimental animals in which significant and/or severe toxic effects of relevance to human health were produced at generally low exposure concentrations. Guidance dose/concentration values are provided below (See A.8.2.1.9) to be used as part of weight-of-evidence evaluation.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
CATEGORY 2: Substances that, on the basis of evidence from studies in experimental animals, can be presumed to have the potential to be harmful to human health following single exposure
Substances are classified in Category 2 for STOT-SE on the basis of observations from appropriate studies in experimental animals in which significant toxic effects, of relevance to human health, were produced at generally moderate exposure concentrations. Guidance dose/concentration values are provided below (See A.8.2.1.9) in order to help in classification.
In exceptional cases, human evidence can also be used to place a substance in Category 2 (See A.8.2.1.6).
CATEGORY 3: Transient target organ effects
There are target organ effects for which a substance does not meet the criteria to be classified in Categories 1 or 2 indicated above. These are effects which adversely alter human function for a short duration after exposure and from which humans may recover in a reasonable period without leaving significant alteration of structure or function. This category only includes narcotic effects and respiratory tract irritation. Substances are classified specifically for these effects as discussed in A.8.2.2.
Note: The primary target organ/system shall be identified where possible, and where this is not possible, the substance shall be identified as a general toxicant. The data shall be evaluated and, where possible, shall not include secondary effects (e.g., a hepatotoxicant can produce secondary effects in the nervous or gastro-intestinal systems).
A.8.2.1.2 The relevant route(s) of exposure by which the classified substance produces damage shall be identified.
A.8.2.1.3 Classification is determined by expert judgment, on the basis of the weight of all evidence available including the guidance presented below.
A.8.2.1.4 Weight of evidence of all available data, including human incidents, epidemiology, and studies conducted in experimental animals is used to substantiate specific target organ toxic effects that merit classification.
A.8.2.1.5 The information required to evaluate specific target organ toxicity comes either from single exposure in humans (e.g., exposure at home, in the workplace or environmentally), or from studies conducted in experimental animals. The standard animal studies in rats or mice that provide this information are acute toxicity studies which can include clinical observations and detailed macroscopic and microscopic examination to enable the toxic effects on target tissues/organs to be identified. Results of acute toxicity studies conducted in other species may also provide relevant information.
A.8.2.1.6 In exceptional cases, based on expert judgment, it may be appropriate to place certain substances with human evidence of target organ toxicity in Category 2: (a) when the weight of human evidence is not sufficiently convincing to warrant Category 1 classification, and/or (b) based on the nature and severity of effects. Dose/concentration levels in humans shall not be considered in the classification and any available evidence from animal studies shall be consistent with the Category 2 classification. In other words, if there are also animal data available on the substance that warrant Category 1 classification, the chemical shall be classified as Category 1.
A.8.2.1.7 Effects considered to support classification for Category 1 and 2
A.8.2.1.7.1 Classification is supported by evidence associating single exposure to the substance with a consistent and identifiable toxic effect.
A.8.2.1.7.2 Evidence from human experience/incidents is usually restricted to reports of adverse health consequences, often with uncertainty about exposure conditions, and may not provide the scientific detail that can be obtained from wellconducted studies in experimental animals.
A.8.2.1.7.3 Evidence from appropriate studies in experimental animals can furnish much more detail, in the form of clinical observations, and macroscopic and microscopic pathological examination and this can often reveal hazards that may not be life-threatening but could indicate functional impairment. Consequently all available evidence, and evidence relevance to human health, must be taken into consideration in the classification process. Relevant toxic effects in humans and/or animals include, but are not limited to:
(a) Morbidity resulting from single exposure;
(b) Significant functional changes, more than transient in nature, in the respiratory system, central
or peripheral nervous systems, other organs or other organ systems, including signs of central nervous system depression and effects on special senses (e.g., sight, hearing and sense of smell);
(c) Any consistent and significant adverse change in clinical biochemistry, hematology, or urinalysis parameters;
(d) Significant organ damage that may be noted at necropsy and/or subsequently seen or confirmed at microscopic examination;
(e) Multi-focal or diffuse necrosis, fibrosis or granuloma formation in vital organs with regenerative capacity;
(f) Morphological changes that are potentially reversible but provide clear evidence of marked organ dysfunction; and,
(g) Evidence of appreciable cell death (including cell degeneration and reduced cell number) in vital organs incapable of regeneration.
A.8.2.1.8 Effects considered not to support classification for Category 1 and 2
Effects may be seen in humans and/or animals that do not justify classification. Such effects include, but are not limited to:
(a) Clinical observations or small changes in bodyweight gain, food consumption or water intake that may have some toxicological importance but that do not, by themselves, indicate "significant" toxicity;
(b) Small changes in clinical biochemistry, hematology or urinalysis parameters and/or transient effects, when such changes or effects are of doubtful or of minimal toxicological importance;
(c) Changes in organ weights with no evidence of organ dysfunction;
(d) Adaptive responses that are not considered toxicologically relevant; and,
(e) Substance-induced species-specific mechanisms of toxicity, i.e., demonstrated with reasonable certainty to be not relevant for human health, shall not justify classification.
A.8.2.1.9 Guidance values to assist with classification based on the results obtained from studies conducted in experimental animals for Category 1 and 2
A.8.2.1.9.1 In order to help reach a decision about whether a substance shall be classified or not, and to what degree it shall be classified (Category 1 vs. Category 2), dose/concentration "guidance values" are provided for consideration of the dose/concentration which has been shown to produce significant health effects. The principal argument for proposing such guidance values is that all chemicals are potentially toxic and there has to be a reasonable dose/ concentration above which a degree of toxic effect is acknowledged.
A.8.2.1.9.2 Thus, in animal studies, when significant toxic effects are observed that indicate classification, consideration of the dose/concentration at which these effects were seen, in relation to the suggested guidance values, provides useful information to help assess the need to classify (since the toxic effects are a consequence of the hazardous property(ies) and also the dose/concentration).
A.8.2.1.9.3 The guidance value (C) ranges for singledose exposure which has produced a significant non-lethal toxic effect are those applicable to acute toxicity testing, as indicated in Table A.8.1.
Figure A.8.1 — Hazard Categories for Specific Target Organ Toxicity Following Single Exposure (continued)
Table A.8.1 — Guidance Value Ranges for Single Exposures
A.8.2.1.9.4 The guidance values and ranges mentioned in Table A.8.1 are intended only for guidance purposes, i.e., to be used as part of the weight of evidence approach, and to assist with decisions about classification. They are not intended as strict demarcation values. Guidance values are not provided for Category 3 since this classification is primarily based on human data; animal data may be included in the weight of evidence evaluation.
A.8.2.1.9.5 Thus, it is feasible that a specific profile of toxicity occurs at a dose/concentration below the guidance value, e.g., <2000 mg/kg body weight by the oral route, however the nature of the effect may result in the decision not to classify. Conversely, a specific profile of toxicity may be seen in animal studies occurring at above a guidance value, e.g., 2000 mg/kg body weight by the oral route, and in addition there is supplementary information from other sources, e.g., other single dose studies, or human case experience, which supports a conclusion that, in view of the weight of evidence, classification is the prudent action to take.
A.8.2.1.10 Other considerations
A.8.2.1.10.1 When a substance is characterized only by use of animal data the classification process includes reference to dose/concentration guidance values as one of the elements that contribute to the weight of evidence approach.
A.8.2.1.10.2 When well-substantiated human data are available showing a specific target organ toxic effect that can be reliably attributed to single exposure to a substance, the substance shall be classified. Positive human data, regardless of probable dose, predominates over animal data. Thus, if a substance is unclassified because specific target organ toxicity observed was considered not relevant or significant to humans, if subsequent human incident data become available showing a specific target organ toxic effect, the substance shall be classified.
A.8.2.1.10.3 A substance that has not been tested for specific target organ toxicity shall, where appropriate, be classified on the basis of data from a scientifically validated structure activity relationship and expert judgment-based extrapolation from a structural analogue that has previously been classified together with substantial support from consideration of other important factors such as formation of common significant metabolites.
A.8.2.2 Substances of Category 3
A.8.2.2.1 Criteria for respiratory tract irritation
The criteria for classifying substances as Category 3 for respiratory tract irritation are:
(a) Respiratory irritant effects (characterized by localized redness, edema, pruritis and/or pain) that impair function with symptoms such as cough, pain, choking, and breathing difficulties are included. It is recognized that this evaluation is based primarily on human data;
(b) Subjective human observations supported by objective measurements of clear respiratory tract irritation (RTI) (e.g., electrophysiological responses, biomarkers of inflammation in nasal or bronchoalveolar lavage fluids);
(c) The symptoms observed in humans shall also be typical of those that would be produced in the exposed population rather than being an isolated idiosyncratic reaction or response triggered only in individuals with hypersensitive airways. Ambiguous reports simply of "irritation" should be excluded as this term is commonly used to describe a wide range of sensations including those such as smell, unpleasant taste, a tickling sensation, and dryness, which are outside the scope of classification for respiratory tract irritation;
(d) There are currently no scientifically validated animal tests that deal specifically with RTI; however, useful information may be obtained from the single
and repeated inhalation toxicity tests. For example, animal studies may provide useful information in terms of clinical signs of toxicity (dyspnoea, rhinitis etc) and histopathology (e.g., hyperemia, edema, minimal inflammation, thickened mucous layer) which are reversible and may be reflective of the characteristic clinical symptoms described above. Such animal studies can be used as part of weight of evidence evaluation; and,
(e) This special classification will occur only when more severe organ effects including the respiratory system are not observed as those effects would require a higher classification.
A.8.2.2.2 Criteria for narcotic effects
The criteria for classifying substances in Category 3 for narcotic effects are:
(a) Central nervous system depression including narcotic effects in humans such as drowsiness, narcosis, reduced alertness, loss of reflexes, lack of coordination, and vertigo are included. These effects can also be manifested as severe headache or nausea, and can lead to reduced judgment, dizziness, irritability, fatigue, impaired memory function, deficits in perception and coordination, reaction time, or sleepiness; and,
(b) Narcotic effects observed in animal studies may include lethargy, lack of coordination righting reflex, narcosis, and ataxia. If these effects are not transient in nature, then they shall be considered for classification as Category 1 or 2.
A.8.3 Classification Criteria for Mixtures
A.8.3.1 Mixtures are classified using the same criteria as for substances, or alternatively as described below. As with substances, mixtures may be classified for specific target organ toxicity following single exposure, repeated exposure, or both.
A.8.3.2 Classification of Mixtures When Data Are Available for the Complete Mixture
When reliable and good quality evidence from human experience or appropriate studies in experimental animals, as described in the criteria for substances, is available for the mixture, then the mixture shall be classified by weight of evidence evaluation of this data. Care shall be exercised in evaluating data on mixtures, that the dose, duration, observation or analysis, do not render the results inconclusive.
A.8.3.3 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.8.3.3.1 Where the mixture itself has not been tested to determine its specific target organ toxicity, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data shall be used in accordance with the following bridging principles as found in paragraph A.0.5 of this Appendix: Dilution, Batching, Concentration of mixtures, Interpolation within one toxicity category, Substantially similar mixtures, or Aerosols.
A.8.3.4 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
A.8.3.4.1 Where there is no reliable evidence or test data for the specific mixture itself, and the bridging principles cannot be used to enable classification, then classification of the mixture is based on the classification of the ingredient substances. In this case, the mixture shall be classified as a specific target organ toxicant (specific organ specified), following single exposure, repeated exposure, or both when at least one ingredient has been classified as a Category 1 or Category 2 specific target organ toxicant and is present at or above the appropriate cut-off value/concentration limit specified in Table A.8.2 for Categories 1 and 2, respectively.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Table A.8.1 — Guidance Value Ranges for Single Exposures (continued)
Table A.8.2 — Cut-Off Values/Concentration Limits of Ingredients of a Mixture Classified as a Specific Target Organ Toxicant That Would Trigger Classification of the Mixture as Category 1 or 2
Selected 1910 General Industry Standards
A.8.3.4.2 These cut-off values and consequent classifications shall be applied equally and appropriately to both single- and repeated-dose target organ toxicants.
A.8.3.4.3 Mixtures shall be classified for either or both single and repeated dose toxicity independently.
A.8.3.4.4 Care shall be exercised when toxicants affecting more than one organ system are combined that the potentiation or synergistic interactions are considered, because certain substances can cause target organ toxicity at <1% concentration when other ingredients in the mixture are known to potentiate its toxic effect.
A.8.3.4.5 Care shall be exercised when extrapolating the toxicity of a mixture that contains Category 3 ingredient(s). A cut-off value/concentration limit of 20%, considered as an additive of all Category 3 ingredients for each hazard endpoint, is appropriate; however, this cutoff value/concentration limit may be higher or lower depending on the Category 3 ingredient(s) involved and the fact that some effects such as respiratory tract irritation may not occur below a certain concentration while other effects such as narcotic effects may occur below this 20% value. Expert judgment shall be exercised. Respiratory tract irritation and narcotic effects are to be evaluated separately in accordance with the criteria given in A.8.2.2. When conducting classifications for these hazards, the contribution of each ingredient should be considered additive, unless there is evidence that the effects are not additive.
A.9 SPECIFIC TARGET ORGAN TOXICITY REPEATED OR PROLONGED EXPOSURE
A.9.1 Definitions and general considerations
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.9.1.2 Classification identifies the substance or mixture as being a specific target organ toxicant and, as such, it may present a potential for adverse health effects in people who are exposed to it.
A.9.1.3 These adverse health effects produced by repeated exposure include consistent and identifiable toxic effects in humans, or, in experimental animals, toxicologically significant changes which have affected the function or morphology of a tissue/organ, or have produced serious changes to the biochemistry or hematology of the organism and these changes are relevant for human health. Human data will be the primary source of evidence for this hazard class.
A.9.1.4 Assessment shall take into consideration not only significant changes in a single organ or biological system but also generalized changes of a less severe nature involving several organs.
A.9.1.5 Specific target organ toxicity can occur by any route that is relevant for humans, e.g., principally oral, dermal or inhalation.
A.9.2 Classification Criteria for Substances
A.9.2.1 Substances shall be classified as STOT-RE by expert judgment on the basis of the weight of all evidence available, including the use of recommended guidance values which take into account the duration of exposure and the dose/concentration which produced the effect(s), (See A.9.2.9). Substances shall be placed in one of two categories, depending upon the nature and severity of the effect(s) observed, in accordance with Figure A.9.1.
Figure A.9.1 — Hazard Categories for Specific Target Organ Toxicity Following Repeated Exposure
CATEGORY 1: Substances that have produced significant toxicity in humans, or that, on the basis of evidence from studies in experimental animals can be presumed to have the potential to produce significant toxicity in humans following repeated or prolonged exposure
Substances are classified in Category 1 for specific target organ toxicity (repeated exposure) on the basis of:
(a) reliable and good quality evidence from human cases or epidemiological studies; or,
Figure A.9.1 — Hazard Categories for Specific Target Organ Toxicity Following Repeated Exposure (continued)
(b) observations from appropriate studies in experimental animals in which significant and/or severe toxic effects, of relevance to human health, were produced at generally low exposure concentrations. Guidance dose/concentration values are provided below (See A.9.2.9) to be used as part of weight-of-evidence evaluation.
CATEGORY 2: Substances that, on the basis of evidence from studies in experimental animals can be presumed to have the potential to be harmful to human health following repeated or prolonged exposure
Substances are classified in Category 2 for specific target organ toxicity (repeated exposure) on the basis of observations from appropriate studies in experimental animals in which significant toxic effects, of relevance to human health, were produced at generally moderate exposure concentrations. Guidance dose/concentration values are provided below (See A.9.2.9) in order to help in classification.
In exceptional cases human evidence can also be used to place a substance in Category 2 (See A.9.2.6).
Note: The primary target organ/system shall be identified where possible, or the substance shall be identified as a general toxicant. The data shall be carefully evaluated and, where possible, shall not include secondary effects (e.g., a hepatotoxicant can produce secondary effects in the nervous or gastro-intestinal systems).
A.9.2.2 The relevant route of exposure by which the classified substance produces damage shall be identified.
A.9.2.3 Classification is determined by expert judgment, on the basis of the weight of all evidence available including the guidance presented below.
A.9.2.4 Weight of evidence of all data, including human incidents, epidemiology, and studies conducted in experimental animals, is used to substantiate specific target organ toxic effects that merit classification.
A.9.2.5 The information required to evaluate specific target organ toxicity comes either from repeated exposure in humans, e.g., exposure at home, in the workplace or environmentally, or from studies conducted in experimental animals. The standard animal studies in rats or mice that provide this information are 28 day, 90 day or lifetime studies (up to 2 years) that include hematological, clinico-chemical and detailed macroscopic and microscopic examination to enable the toxic effects on target tissues/ organs to be identified. Data from repeat dose studies performed in other species may also be used. Other long-term exposure studies, e.g., for carcinogenicity, neurotoxicity or reproductive toxicity, may also provide evidence of specific target organ toxicity that could be used in the assessment of classification.
A.9.2.6 In exceptional cases, based on expert judgment, it may be appropriate to place certain substances with human evidence of specific target organ toxicity in Category 2: (a) when the weight of human evidence is not sufficiently convincing to warrant Category 1 classification, and/or (b) based on the nature and severity of effects.
Dose/concentration levels in humans shall not be considered in the classification and any available evidence from animal studies shall be consistent with the Category 2 classification. In other words, if there are also animal data available on the substance that warrant Category 1 classification, the substance shall be classified as Category 1.
A.9.2.7 Effects Considered To Support Classification
A.9.2.7.1 Classification is supported by reliable evidence associating repeated exposure to the substance with a consistent and identifiable toxic effect.
A.9.2.7.2 Evidence from human experience/incidents is usually restricted to reports of adverse health consequences, often with uncertainty about exposure conditions, and may not provide the scientific detail that can be obtained from well-conducted studies in experimental animals.
A.9.2.7.3 Evidence from appropriate studies in experimental animals can furnish much more detail, in the form of clinical observations, hematology, clinical chemistry, macroscopic and microscopic pathological examination and this can often reveal hazards that may not be life-threatening but could indicate functional impairment. Consequently all available evidence, and relevance to human health, must be taken into consideration in the classification process. Relevant toxic effects in humans and/or animals include, but are not limited to:
(a) Morbidity or death resulting from repeated or long-term exposure. Morbidity or death may result from repeated exposure, even to relatively low doses/concentrations, due to bioaccumulation of the substance or its metabolites, or due to the
overwhelming of the de-toxification process by repeated exposure;
(b) Significant functional changes in the central or peripheral nervous systems or other organ systems, including signs of central nervous system depression and effects on special senses (e.g., sight, hearing and sense of smell);
(c) Any consistent and significant adverse change in clinical biochemistry, hematology, or urinalysis parameters;
(d) Significant organ damage that may be noted at necropsy and/or subsequently seen or confirmed at microscopic examination;
(e) Multi-focal or diffuse necrosis, fibrosis or granuloma formation in vital organs with regenerative capacity;
(f) Morphological changes that are potentially reversible but provide clear evidence of marked organ dysfunction (e.g., severe fatty change in the liver); and,
(g) Evidence of appreciable cell death (including cell degeneration and reduced cell number) in vital organs incapable of regeneration.
A.9.2.8 Effects Considered Not To Support Classification
Effects may be seen in humans and/or animals that do not justify classification. Such effects include, but are not limited to:
(a) Clinical observations or small changes in bodyweight gain, food consumption or water intake that may have some toxicological importance but that do not, by themselves, indicate "significant" toxicity;
(b) Small changes in clinical biochemistry, hematology or urinalysis parameters and/or transient effects, when such changes or effects are of doubtful or of minimal toxicological importance;
(c) Changes in organ weights with no evidence of organ dysfunction;
(d) Adaptive responses that are not considered toxicologically relevant;
(e) Substance-induced species-specific mechanisms of toxicity, i.e., demonstrated with reasonable certainty to be not relevant for human health, shall not justify classification.
A.9.2.9 Guidance Values To Assist With Classification Based on the Results Obtained From Studies Conducted in Experimental Animals
A.9.2.9.1 In studies conducted in experimental animals, reliance on observation of effects alone, without reference to the duration of experimental exposure and dose/concentration, omits a fundamental concept of toxicology, i.e., all substances are potentially toxic, and what determines the toxicity is a function of the dose/ concentration and the duration of exposure. In most studies conducted in experimental animals the test guidelines use an upper limit dose value.
A.9.2.9.2 In order to help reach a decision about whether a substance shall be classified or not, and to what degree it shall be classified (Category 1 vs. Category 2), dose/ concentration "guidance values" are provided in Table A.9.1 for consideration of the dose/concentration which has been shown to produce significant health effects. The principal argument for proposing such guidance values is that all chemicals are potentially toxic and there has to be a reasonable dose/concentration above which a degree of toxic effect is acknowledged. Also, repeated-dose studies conducted in experimental animals are designed to produce toxicity at the highest dose used in order to optimize the test objective and so most studies will reveal some toxic effect at least at this highest dose. What is therefore to be decided is not only what effects have been produced, but also at what dose/concentration they were produced and how relevant is that for humans.
A.9.2.9.3 Thus, in animal studies, when significant toxic effects are observed that indicate classification, consideration of the duration of experimental exposure and the dose/concentration at which these effects were seen, in relation to the suggested guidance values, provides useful information to help assess the need to classify (since the toxic effects are a consequence of the hazardous property(ies) and also the duration of exposure and the dose/concentration).
A.9.2.9.4 The decision to classify at all can be influenced by reference to the dose/concentration guidance values at or below which a significant toxic effect has been observed.
A.9.2.9.5 The guidance values refer to effects seen in a standard 90-day toxicity study conducted in rats. They can be used as a basis to extrapolate equivalent guidance values for toxicity studies of greater or lesser duration, using dose/ exposure time extrapolation similar to Haber's rule for inhalation, which states essentially that the effective dose is directly proportional to the exposure concentration and the duration of exposure. The assessment should be done on a case-bycase basis; for example, for a 28-day study the guidance values below would be increased by a factor of three.
A.9.2.9.6 Thus for Category 1 classification, significant toxic effects observed in a 90-day repeated-dose study conducted in experimental animals and seen to occur at or below the (suggested) guidance values (C) as indicated in Table A.9.1 would justify classification:
Table A.9.1 — Guidance Values To Assist in Category 1 Classification [Applicable to a 90-day study]
Route of exposure Units Guidance values (dose/concentration)
Oral (rat)mg/kg body weight/dayC 10.
Dermal (rat or rabbit) mg/kg body weight/day C 20.
Inhalation (rat) gasppmV/6h/dayC 50.
Inhalation (rat) vapor mg/liter/6h/day C 0.2.
Inhalation (rat) dust/ mist/fume mg/liter/6h/dayC 0.02.
A.9.2.9.7 For Category 2 classification, significant toxic effects observed in a 90-day repeated-dose study conducted in experimental animals and seen to occur within the (suggested) guidance value ranges as indicated in Table A.9.2 would justify classification:
Table A.9.2 — Guidance Values To Assist in Category 2 Classification [Applicable to a 90-day study]
Route of exposure Units Guidance values (dose/concentration)
Oral (rat)mg/kg body weight/day10 <C 100.
Dermal (rat or rabbit) mg/kg body weight/day 20 <C 200.
Inhalation (rat) gasppmV/6h/day50 <C 250.
Inhalation (rat) vapor mg/liter/6h/day 0.2 <C 1.0.
Inhalation (rat) dust/ mist/fume mg/liter/6h/day0.02 <C 0.2.
A.9.2.9.8 The guidance values and ranges mentioned in A.2.9.9.6 and A.2.9.9.7 are intended only for guidance purposes, i.e., to be used as part of the weight of evidence approach, and to assist with decisions about classification. They are not intended as strict demarcation values.
A.9.2.9.9 Thus, it is possible that a specific profile of toxicity occurs in repeat-dose animal studies at a dose/concentration below the guidance value, e.g., <100 mg/kg body weight/day by the oral route, however the nature of the effect, e.g., nephrotoxicity seen only in male rats of a particular strain known to be susceptible to this effect, may result in the decision not to classify. Conversely, a specific profile of toxicity may be seen in animal studies occurring at above a guidance value, e.g., 100 mg/kg body weight/day by the oral route, and in addition there is supplementary information from other sources, e.g., other long-term administration studies, or human case experience, which supports a conclusion that, in view of the weight of evidence, classification is prudent.
A.9.2.10 Other Considerations
A.9.2.10.1 When a substance is characterized only by use of animal data the classification process includes reference to dose/concentration guidance values as one of the elements that contribute to the weight of evidence approach.
A.9.2.10.2 When well-substantiated human data are available showing a specific target organ toxic effect that can be reliably attributed to repeated or prolonged exposure to a substance, the substance shall be classified. Positive human data, regardless of probable dose, predominates over animal data. Thus, if a substance is unclassified because no specific target organ toxicity was seen at or below the dose/concentration guidance value for animal testing, if subsequent human incident data become available showing a specific target organ toxic effect, the substance shall be classified.
A.9.2.10.3 A substance that has not been tested for specific target organ toxicity may in certain instances,
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Selected 1910 General Industry Standards
where appropriate, be classified on the basis of data from a scientifically validated structure activity relationship and expert judgment-based extrapolation from a structural analogue that has previously been classified together with substantial support from consideration of other important factors such as formation of common significant metabolites.
A.9.3 Classification Criteria for Mixtures
A.9.3.1 Mixtures are classified using the same criteria as for substances, or alternatively as described below. As with substances, mixtures may be classified for specific target organ toxicity following single exposure, repeated exposure, or both.
A.9.3.2 Classification of Mixtures When Data Are Available for the Complete Mixture When reliable and good quality evidence from human experience or appropriate studies in experimental animals, as described in the criteria for substances, is available for the mixture, then the mixture shall be classified by weight of evidence evaluation of these data. Care shall be exercised in evaluating data on mixtures, that the dose, duration, observation or analysis, do not render the results inconclusive.
A.9.3.3 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.9.3.3.1 Where the mixture itself has not been tested to determine its specific target organ toxicity, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazards of the mixture, these data shall be used in accordance with the following bridging principles as found in paragraph A.0.5 of this Appendix: Dilution; Batching; Concentration of mixtures; Interpolation within one toxicity category; Substantially similar mixtures; and Aerosols.
A.9.3.4 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
A.9.3.4.1 Where there is no reliable evidence or test data for the specific mixture itself, and the bridging principles cannot be used to enable classification, then classification of the mixture is based on the classification of the ingredient substances. In this case, the mixture shall be classified as a specific target organ toxicant (specific organ specified), following single exposure, repeated exposure, or both when at least one ingredient has been classified as a Category 1 or Category 2 specific target organ toxicant and is present at or above the appropriate cut-off value/concentration limit specified in Table A.9.3 for Category 1 and 2 respectively.
Table A.9.3 — Cut-Off Value/Concentration Limits of Ingredients of a Mixture Classified as a Specific Target Organ Toxicant That Would Trigger Classification of the Mixture as Category 1 or 2
Ingredient
A.9.3.4.2 These cut-off values and consequent classifications shall be applied equally and appropriately to both single- and repeated-dose target organ toxicants.
A.9.3.4.3 Mixtures shall be classified for either or both single- and repeated-dose toxicity independently.
A.9.3.4.4 Care shall be exercised when toxicants affecting more than one organ system are combined that the potentiation or synergistic interactions are considered, because certain substances can cause specific target organ toxicity at <1% concentration when other ingredients in the mixture are known to potentiate its toxic effect.
A.10 ASPIRATION HAZARD
A.10.1 Definitions and General and Specific Considerations
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.
A.10.1.5 Specific Considerations
A.10.1.5.1 The classification criteria refer to kinematic viscosity. The following provides the conversion between dynamic and kinematic viscosity:
A.10.1.5.2 Although the definition of aspiration in A.10.1.1 includes the entry of solids into the respiratory system, classification according to (b) in table A.10.1 for Category 1 is intended to apply to liquid substances and mixtures only.
A.10.1.5.3 Classification of aerosol/mist products. Aerosol and mist products are usually dispensed in containers such as self-pressurized containers, trigger and pump sprayers. Classification for these products shall be considered if their use may form a pool of product in the mouth, which then may be aspirated. If the mist or aerosol from a pressurized container is fine, a pool may not be formed. On the other hand, if a pressurized container dispenses product in a stream, a pool may be formed that may then be aspirated. Usually, the mist produced by trigger and pump sprayers is coarse and therefore, a pool may be formed that then may be aspirated. When the pump mechanism may be removed and contents are available to be swallowed then the classification of the products should be considered.
A.10.2 Classification Criteria for Substances
Table A.10.1 — Criteria for Aspiration Toxicity Category Criteria
Category 1: Chemicals known to cause human aspiration toxicity hazards or to be regarded as if they cause human aspiration toxicity hazard
A substance shall be classified in Category 1: (a) If reliable and good quality human evidence indicates that it causes aspiration toxicity (See note); or (b) If it is a hydrocarbon and has a kinematic viscosity 20.5 mm2/s, measured at 40 °C.
Note: Examples of substances included in Category 1 are certain hydrocarbons, turpentine and pine oil.
A.10.3 Classification Criteria for Mixtures
A.10.3.1 Classification When Data Are Available for the Complete Mixture
A mixture shall be classified in Category 1 based on reliable and good quality human evidence.
A.10.3.2 Classification of Mixtures When Data Are Not Available for the Complete Mixture: Bridging Principles
A.10.3.2.1 Where the mixture itself has not been tested to determine its aspiration toxicity, but there are sufficient data on both the individual ingredients and similar tested mixtures to adequately characterize the hazard of the mixture, these data shall be used in accordance with the following bridging principles as found in paragraph A.0.5 of this Appendix: Dilution; Batching; Concentration of mixtures; Interpolation within one toxicity category; and Substantially similar mixtures. For application of the dilution bridging principle, the concentration of aspiration toxicants shall not be less than 10%.
A.10.3.3 Classification of Mixtures When Data Are Available for All Ingredients or Only for Some Ingredients of the Mixture
A.10.3.3.1 A mixture which contains 10% of an ingredient or ingredients classified in Category 1, and has a kinematic viscosity 20.5 mm2/s, measured at 40 °C, shall be classified in Category 1.
A.10.3.3.2 In the case of a mixture which separates into two or more distinct layers, one of which contains 10% of an ingredient or ingredients classified in Category 1 and has a kinematic viscosity 20.5 mm2/s, measured at 40 °C, then the entire mixture shall be classified in Category 1.
§1910.1200 Appendix B
Physical Criteria (Mandatory)
B.1 EXPLOSIVES
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.1.2 Classification Criteria
Chemicals and items of this class shall be classified as unstable explosives or shall be assigned to one of the following six divisions depending on the type of hazard they present:
(a) Division 1.1 — Chemicals and items which have a mass explosion hazard (a mass explosion is one which affects almost the entire quantity present virtually instantaneously);
(b) Division 1.2 — Chemicals and items which have a projection hazard but not a mass explosion hazard;
(c) Division 1.3 — Chemicals and items which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard:
(i) Combustion of which gives rise to considerable radiant heat; or
(ii) Which burn one after another, producing minor blast or projection effects or both;
(d) Division 1.4 — Chemicals and items which present no significant hazard: chemicals and items which present only a small hazard in the event of ignition or initiation. The effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire shall not cause virtually instantaneous explosion of almost the entire contents of the package;
(e) Division 1.5 — Very insensitive chemicals which have a mass explosion hazard: chemicals which have a mass explosion hazard but are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions;
(f) Division 1.6 — Extremely insensitive items which do not have a mass explosion hazard: items which contain only extremely insensitive detonating chemicals and which demonstrate a negligible probability of accidental initiation or propagation.
B.1.3 Additional Classification Considerations
B.1.3.1 Explosives shall be classified as unstable explosives or shall be assigned to one of the six divisions identified in B.1.2 in accordance with the three step procedure in Part I of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6). The first step is to ascertain whether the substance or mixture has explosive effects (Test Series 1). The second step is the acceptance procedure (Test Series 2 to 4) and the third step is the assignment to a hazard division (Test Series 5 to 7). The assessment whether a candidate for "ammonium nitrate emulsion or suspension or gel, intermediate for blasting explosives (ANE)" is insensitive enough for inclusion as an oxidizing liquid (See B.13) or an oxidizing solid (See B.14) is determined by Test Series 8 tests.
Note: Classification of solid chemicals shall be based on tests performed on the chemical as presented. If, for example, for the purposes of supply or transport, the same chemical is to be presented in a physical form different from that which was tested and which is considered likely to materially alter its performance in a classification test, classification must be based on testing of the chemical in the new form.
B.1.3.2 Explosive properties are associated with the presence of certain chemical groups in a molecule which can react to produce very rapid increases in temperature or pressure. The screening procedure in B.1.3.1 is aimed at identifying the
presence of such reactive groups and the potential for rapid energy release. If the screening procedure identifies the chemical as a potential explosive, the acceptance procedure (See section 10.3 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6)) is necessary for classification.
Note: Neither a Series 1 type (a) propagation of detonation test nor a Series 2 type (a) test of sensitivity to detonative shock is necessary if the exothermic decomposition energy of organic materials is less than 800 J/g.
B.1.3.3 If a mixture contains any known explosives, the acceptance procedure is necessary for classification.
B.1.3.4 A chemical is not classified as explosive if:
(a) There are no chemical groups associated with explosive properties present in the molecule. Examples of groups which may indicate explosive properties are given in Table A6.1 in Appendix 6 of the UN ST/SG/ AC.10 (incorporated by reference; See §1910.6); or (b) The substance contains chemical groups associated with explosive properties which include oxygen and the calculated oxygen balance is less than -200. The oxygen balance is calculated for the chemical reaction: CxHyOz + [x + (y/4) - (z/2)] O2 x. CO2 + (y/2) H2O using the formula: oxygen balance = -1600 [2x + (y/2) -z]/molecular weight; or
(c) The organic substance or a homogenous mixture of organic substances contains chemical groups associated with explosive properties but the exothermic decomposition energy is less than 500 J/g and the onset of exothermic decomposition is below 500 °C (932 °F). The exothermic decomposition energy may be determined using a suitable calorimetric technique; or
(d) For mixtures of inorganic oxidizing substances with organic material(s), the concentration of the inorganic oxidizing substance is:
(i) Less than 15%, by mass, if the oxidizing substance is assigned to Category 1 or 2;
(ii) Less than 30%, by mass, if the oxidizing substance is assigned to Category 3.
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.2.2 Classification Criteria
A flammable gas shall be classified in one of the two categories for this class in accordance with Table B.2.1:
Table B.2.1 — Criteria for Flammable Gases
Category Criteria
Gases, which at 20 °C (68 °F) and a standard pressure of 101.3 kPa (14.7 psi):
(a) are ignitable when in a mixture of 13% or less by volume in air; or (b) have a flammable range with air of at least 12 percentage points regardless of the lower flammable limit. 2
Gases, other than those of Category 1, which, at 20 °C (68 °F) and a standard pressure of 101.3 kPa (14.7 psi), have a flammable range while mixed in air.
Note: Aerosols should not be classified as flammable gases. See B.3.
B.2.3 Additional Classification Considerations
Flammability shall be determined by tests or by calculation in accordance with ISO 10156 (incorporated by reference; See §1910.6). Where insufficient data are available to use this method, equivalent validated methods may be used.
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.3.2 Classification Criteria
B.3.2.1 Aerosols shall be considered for classification as flammable if they contain any component which is classified as flammable in accordance with this Appendix, i.e.: Flammable liquids (See B.6); Flammable gases (See B.2); Flammable solids (See B.7).
Note 1: Flammable components do not include pyrophoric, self-heating or water-reactive chemicals.
Note 2: Flammable aerosols do not fall additionally within the scope of flammable gases, flammable liquids, or flammable solids.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1200
B.3.2.2 A flammable aerosol shall be classified in one of the two categories for this class in accordance with Table B.3.1.
Table B.3.1 — Criteria for Flammable Aerosols Category Criteria
Contains 85% flammable components and the chemical heat of combustion is 30 kJ/g; or
(a) For spray aerosols, in the ignition distance test, ignition occurs at a distance 75 cm (29.5 in), or
1
(b) For foam aerosols, in the aerosol foam flammability test
(i) The flame height is 20 cm (7.87 in) and the flame duration 2 s; or
(ii) The flame height is 4 cm (1.57 in) and the flame duration 7 s
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.5.2 Classification Criteria
Gases under pressure shall be classified in one of four groups in accordance with Table B.5.1:
B.5.1 — Criteria for Gases Under Pressure Group Criteria Compressed gas
A gas which when under pressure is entirely gaseous at -50 °C (-8 °F), including all gases with a critical temperature1 -50 °C (-58 °F).
A gas which when under pressure is partially liquid at temperatures above -50 °C (-58 °F). A distinction is made between:
(a) for spray aerosols, in the ignition distance test, ignition occurs at a distance 15 cm (5.9 in), or in the enclosed space ignition test, the
2 Contains >1% flammable components, or the heat of combustion is 20 kJ/g; and
(i) Time equivalent is 300 s/m3; or
(ii) Deflagration density is 300 g/m3
(b) For foam aerosols, in the aerosol foam flammability test, the flame height is 4 cm and the flame duration is 2 s and it does not meet the criteria for Category 1
Note: Aerosols not submitted to the flammability classification procedures in this Appendix shall be classified as extremely flammable (Category 1).
B.3.3 Additional Classification Considerations
B.3.3.1 To classify a flammable aerosol, data on its flammable components, on its chemical heat of combustion and, if applicable, the results of the aerosol foam flammability test (for foam aerosols) and of the ignition distance test and enclosed space test (for spray aerosols) are necessary.
B.3.3.2 The chemical heat of combustion (Hc), in kilojoules per gram (kJ/g), is the product of the theoretical heat of combustion (Hcomb), and a combustion efficiency, usually less than 1.0 (a typical combustion efficiency is 0.95 or 95%).
For a composite aerosol formulation, the chemical heat of combustion is the summation of the weighted heats of combustion for the individual components, as follows:
Where:
Hc = chemical heat of combustion (kJ/g); wi% = mass fraction of component i in the product; Hc(i) = specific heat of combustion (kJ/g) of component i in the product;
The chemical heats of combustion shall be found in literature, calculated or determined by tests (See ASTM D24002, ISO 13943, Sections 86.1 to 86.3, and NFPA 30B (incorporated by reference; See §1910.6)).
B.3.3.3 The Ignition Distance Test, Enclosed Space Ignition Test and Aerosol Foam Flammability Test shall be performed in accordance with sub-sections 31.4, 31.5 and 31.6 of the of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6).
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.4.2 Classification Criteria
An oxidizing gas shall be classified in a single category for this class in accordance with Table B.4.1:
Table B.4.1 — Criteria for Oxidizing Gases
B.4.3 Additional Classification Considerations
Classification shall be in accordance with tests or calculation methods as described in ISO 10156 (incorporated by reference; See §1910.6) and ISO 10156-2 (incorporated by reference; See §1910.6).
gas
(a) High pressure liquefied gas: A gas with a critical temperature1 between -50 °C (-58 °F) and +65 °C (149 °F); and
(b) Low pressure liquefied gas: A gas with a critical temperature1 above +65 °C (149 °F).
Refrigerated liquefied gas A gas which is made partially liquid because of its low temperature.
Dissolved gas A gas which when under pressure is dissolved in a liquid phase solvent.
1 The critical temperature is the temperature above which a pure gas cannot be liquefied, regardless of the degree of compression
B.6 FLAMMABLE LIQUIDS
B.6.1 Definition
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.6.2 Classification Criteria
A flammable liquid shall be classified in one of four categories in accordance with Table B.6.1:
Table B.6.1 — Criteria for Flammable Liquids Category Criteria
1Flash point <23 °C (73.4 °F) and initial boiling point 35 °C (95 °F).
2 Flash point <23 °C (73.4 °F) and initial boiling point >35 °C (95 °F).
3Flash point 23 °C (73.4 °F) and 60 °C (140 °F).
4 Flash point >60 °C (140 °F) and 93 °C (199.4 °F).
B.6.3 Additional Classification Considerations
The flash point shall be determined in accordance with ASTM D56-05, ASTM D3278, ASTM D3828, ASTM D93-08 (incorporated by reference; See §1910.6), or any other method specified in GHS Revision 3, Chapter 2.6.
The initial boiling point shall be determined in accordance with ASTM D86-07a or ASTM D1078 (incorporated by reference; See §1910.6).
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.7.2 Classification Criteria
B.7.2.1 Powdered, granular or pasty chemicals shall be classified as flammable solids when the time of burning of one or more of the test runs, performed in accordance with the test method described in the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), Part III, sub-section 33.2.1, is less than 45 s or the rate of burning is more than 2.2 mm/s (0.0866 in/s).
B.7.2.2 Powders of metals or metal alloys shall be classified as flammable solids when they can be ignited and the reaction spreads over the whole length of the sample in 10 min or less.
B.7.2.3 Solids which may cause fire through friction shall be classified in this class by analogy with existing entries (e.g., matches) until definitive criteria are established.
B.7.2.4 A flammable solid shall be classified in one of the two categories for this class using Method N.1 as described in Part III, sub-section 33.2.1 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), in accordance with Table B.7.1:
Table
Liquefied
Table B.7.1 — Criteria for Flammable Solids Category Criteria
Burning rate test:
Chemicals other than metal powders:
1
2
(a) Wetted zone does not stop fire; and (b) Burning time < 45 s or burning rate > 2.2 mm/s.
Metal powders: Burning time 5 min.
Burning rate test:
Chemicals other than metal powders:
(a) Wetted zone stops the fire for at least 4 min; and (b) Burning time < 45 s or burning rate >2.2 mm/s.
Metal powders: Burning time >5 min and 10 min.
Note: Classification of solid chemicals shall be based on tests performed on the chemical as presented. If, for example, for the purposes of supply or transport, the same chemical is to be presented in a physical form different from that which was tested and which is considered likely to materially alter its performance in a classification test, classification must be based on testing of the chemical in the new form.
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.8.2 Classification Criteria
B.8.2.1 A self-reactive chemical shall be considered for classification in this class unless:
(a) It is classified as an explosive according to B.1 of this appendix;
(b) It is classified as an oxidizing liquid or an oxidizing solid according to B.13 or B.14 of this appendix, except that a mixture of oxidizing substances which contains 5% or more of combustible organic substances shall be classified as a self-reactive chemical according to the procedure defined in B.8.2.2;
(c) It is classified as an organic peroxide according to B.15 of this appendix;
(d) Its heat of decomposition is less than 300 J/g; or
(e) Its self-accelerating decomposition temperature (SADT) is greater than 75 °C (167 °F) for a 50 kg (110 lb) package.
B.8.2.2 Mixtures of oxidizing substances, meeting the criteria for classification as oxidizing liquids or oxidizing solids, which contain 5% or more of combustible organic substances and which do not meet the criteria mentioned in B.8.2.1 (a), (c), (d) or (e), shall be subjected to the self-reactive chemicals classification procedure in B.8.2.3. Such a mixture showing the properties of a self-reactive chemical type B to F shall be classified as a self-reactive chemical.
B.8.2.3 Self-reactive chemicals shall be classified in one of the seven categories of "types A to G" for this class, according to the following principles:
(a) Any self-reactive chemical which can detonate or deflagrate rapidly, as packaged, will be defined as self-reactive chemical TYPE A;
(b) Any self-reactive chemical possessing explosive properties and which, as packaged, neither detonates nor deflagrates rapidly, but is liable to undergo a thermal explosion in that package will be defined as self-reactive chemical TYPE B;
(c) Any self-reactive chemical possessing explosive properties when the chemical as packaged cannot detonate or deflagrate rapidly or undergo a thermal explosion will be defined as self-reactive chemical TYPE C;
(d) Any self-reactive chemical which in laboratory testing meets the criteria in (d)(i), (ii), or (iii) will be defined as self-reactive chemical TYPE D:
(i) Detonates partially, does not deflagrate rapidly and shows no violent effect when heated under confinement; or
(ii) Does not detonate at all, deflagrates slowly and shows no violent effect when heated under confinement; or (iii) Does not detonate or deflagrate at all and shows a medium effect when heated under confinement;
(e) Any self-reactive chemical which, in laboratory testing, neither detonates nor deflagrates at all and shows low or no effect when heated under confinement will be defined as self-reactive chemical TYPE E;
(f) Any self-reactive chemical which, in laboratory testing, neither detonates in the cavitated state nor deflagrates at all and shows only a low or no effect when heated under confinement as well as low or no explosive power will be defined as self-reactive chemical TYPE F;
(g) Any self-reactive chemical which, in laboratory testing, neither detonates in the cavitated state nor deflagrates at all and shows no effect when heated under confinement nor any explosive power, provided that it is thermally stable (self-accelerating decomposition temperature is 60 °C (140 °F) to 75 °C (167 °F) for a 50 kg (110 lb) package), and, for liquid mixtures, a diluent having a boiling point greater than or equal to 150 °C (302 °F) is used for desensitization will be defined as self-reactive chemical TYPE G. If the mixture is not thermally stable or a diluent having a boiling point less than 150 °C (302 °F) is used for desensitization, the mixture shall be defined as selfreactive chemical TYPE F.
B.8.3 Additional Classification Considerations
B.8.3.1 For purposes of classification, the properties of selfreactive chemicals shall be determined in accordance with test series A to H as described in Part II of the UN ST/SG/ AC.10 (incorporated by reference; See §1910.6).
B.8.3.2 Self-accelerating decomposition temperature (SADT) shall be determined in accordance with the UN ST/SG/ AC.10, Part II, section 28 (incorporated by reference; See §1910.6).
B.8.3.3 The classification procedures for self-reactive substances and mixtures need not be applied if:
(a) There are no chemical groups present in the molecule associated with explosive or self-reactive properties; examples of such groups are given in Tables A6.1 and A6.2 in the Appendix 6 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6); or
(b) For a single organic substance or a homogeneous mixture of organic substances, the estimated SADT is greater than 75 °C (167 °F) or the exothermic decomposition energy is less than 300 J/g. The onset temperature and decomposition energy may be estimated using a suitable calorimetric technique (See 20.3.3.3 in Part II of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6)).
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.9.2 Classification Criteria
A pyrophoric liquid shall be classified in a single category for this class using test N.3 in Part III, sub-section 33.3.1.5 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), in accordance with Table B.9.1:
Table B.9.1 — Criteria for Pyrophoric Liquids Category Criteria
1 The liquid ignites within 5 min when added to an inert carrier and exposed to air, or it ignites or chars a filter paper on contact with air within 5 min.
B.9.3 Additional Classification Considerations
The classification procedure for pyrophoric liquids need not be applied when experience in production or handling shows that the chemical does not ignite spontaneously on coming into contact with air at normal temperatures (i.e., the substance is known to be stable at room temperature for prolonged periods of time (days)).
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.10.2 Classification Criteria
A pyrophoric solid shall be classified in a single category for this class using test N.2 in Part III, sub-section 33.3.1.4 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), in accordance with Table B.10.1:
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Table B.10.1 — Criteria for Pyrophoric Solids
Category Criteria
1The solid ignites within 5 min of coming into contact with air.
Note: Classification of solid chemicals shall be based on tests performed on the chemical as presented. If, for example, for the purposes of supply or transport, the same chemical is to be presented in a physical form different from that which was tested and which is considered likely to materially alter its performance in a classification test, classification must be based on testing of the chemical in the new form.
B.10.3 Additional Classification Considerations
The classification procedure for pyrophoric solids need not be applied when experience in production or handling shows that the chemical does not ignite spontaneously on coming into contact with air at normal temperatures (i.e., the chemical is known to be stable at room temperature for prolonged periods of time (days)).
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.11.2 Classification Criteria
B.11.2.1 A self-heating chemical shall be classified in one of the two categories for this class if, in tests performed in accordance with test method N.4 in Part III, sub-section 33.3.1.6 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), the result meets the criteria shown in Table B.11.1.
Table B.11.1 — Criteria for Self-Heating Chemicals
Category Criteria
1 A positive result is obtained in a test using a 25 mm sample cube at 140 °C (284 °F).
2 A negative result is obtained in a test using a 25 mm cube sample at 140 °C (284 °F), a positive result is obtained in a test using a 100 mm sample cube at 140 °C (284 °F), and:
(a) The unit volume of the chemical is more than 3 m3; or
(b) A positive result is obtained in a test using a 100 mm cube sample at 120 °C (248 °F) and the unit volume of the chemical is more than 450 liters; or
(c) A positive result is obtained in a test using a 100 mm cube sample at 100 °C (212 °F).
B.11.2.2 Chemicals with a temperature of spontaneous combustion higher than 50 °C (122 °F) for a volume of 27 m3 shall not be classified as self-heating chemicals.
B.11.2.3 Chemicals with a spontaneous ignition temperature higher than 50 °C (122 °F) for a volume of 450 liters shall not be classified in Category 1 of this class.
B.11.3 Additional Classification Considerations
B.11.3.1 The classification procedure for self-heating chemicals need not be applied if the results of a screening test can be adequately correlated with the classification test and an appropriate safety margin is applied.
B.11.3.2 Examples of screening tests are:
(a) The Grewer Oven test (VDI guideline 2263, part 1, 1990, Test methods for the Determination of the Safety Characteristics of Dusts) with an onset temperature 80°K above the reference temperature for a volume of 1 l;
(b) The Bulk Powder Screening Test (Gibson, N. Harper, D. J. Rogers, R. Evaluation of the fire and explosion risks in drying powders, Plant Operations Progress, 4 (3), 181-189, 1985) with an onset temperature 60°K above the reference temperature for a volume of 1 l.
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.12.2 Classification Criteria
B.12.2.1 A chemical which, in contact with water, emits flammable gases shall be classified in one of the three categories for this class, using test N.5 in Part III, sub-section 33.4.1.4 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), in accordance with Table B.12.1:
Table B.12.1 — Criteria for Chemicals Which, in Contact With Water, Emit Flammable Gases
Category Criteria
1
2
Any chemical which reacts vigorously with water at ambient temperatures and demonstrates generally a tendency for the gas produced to ignite spontaneously, or which reacts readily with water at ambient temperatures such that the rate of evolution of flammable gas is equal to or greater than 10 liters per kilogram of chemical over any one minute.
Any chemical which reacts readily with water at ambient temperatures such that the maximum rate of evolution of flammable gas is equal to or greater than 20 liters per kilogram of chemical per hour, and which does not meet the criteria for Category 1.
Any chemical which reacts slowly with water at ambient temperatures such that the maximum rate of evolution of flammable gas is equal to or greater than 1 liter per kilogram of chemical per hour, and which does not meet the criteria for Categories 1 and 2.
Note: Classification of solid chemicals shall be based on tests performed on the chemical as presented. If, for example, for the purposes of supply or transport, the same chemical is to be presented in a physical form different from that which was tested and which is considered likely to materially alter its performance in a classification test, classification must be based on testing of the chemical in the new form.
B.12.2.2 A chemical is classified as a chemical which, in contact with water emits flammable gases if spontaneous ignition takes place in any step of the test procedure.
B.12.3 Additional Classification Considerations
The classification procedure for this class need not be applied if:
(a) The chemical structure of the chemical does not contain metals or metalloids;
(b) Experience in production or handling shows that the chemical does not react with water, (e.g., the chemical is manufactured with water or washed with water); or
(c) The chemical is known to be soluble in water to form a stable mixture.
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.13.2 Classification Criteria
An oxidizing liquid shall be classified in one of the three categories for this class using test O.2 in Part III, sub-section 34.4.2 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), in accordance with Table B.13.1:
Table B.13.1 — Criteria for Oxidizing Liquids Category
Any chemical which, in the 1:1 mixture, by mass, of chemical and cellulose tested, spontaneously ignites; or the mean pressure rise time of a 1:1 mixture, by mass, of chemical and cellulose is less than that of a 1:1 mixture, by mass, of 50% perchloric acid and cellulose; 2
Any chemical which, in the 1:1 mixture, by mass, of chemical and cellulose tested, exhibits a mean pressure rise time less than or equal to the mean pressure rise time of a 1:1 mixture, by mass, of 40% aqueous sodium chlorate solution and cellulose; and the criteria for Category 1 are not met; 3
Any chemical which, in the 1:1 mixture, by mass, of chemical and cellulose tested, exhibits a mean pressure rise time less than or equal to the mean pressure rise time of a 1:1 mixture, by mass, of 65% aqueous nitric acid and cellulose; and the criteria for Categories 1 and 2 are not met.
B.13.3 Additional Classification Considerations
B.13.3.1 For organic chemicals, the classification procedure for this class shall not be applied if:
(a) The chemical does not contain oxygen, fluorine or chlorine; or
(b) The chemical contains oxygen, fluorine or chlorine and these elements are chemically bonded only to carbon or hydrogen.
B.13.3.2 For inorganic chemicals, the classification procedure for this class shall not be applied if the chemical does not contain oxygen or halogen atoms.
B.13.3.3 In the event of divergence between test results and known experience in the handling and use of chemicals which shows them to be oxidizing, judgments based on known experience shall take precedence over test results.
B.13.3.4 In cases where chemicals generate a pressure rise (too high or too low), caused by chemical reactions not characterizing the oxidizing properties of the chemical, the test described in Part III, sub-section 34.4.2 of the UN ST/ SG/AC.10 (incorporated by reference; See §1910.6) shall be repeated with an inert substance (e.g., diatomite (kieselguhr)) in place of the cellulose in order to clarify the nature of the reaction.
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.14.2 Classification Criteria
An oxidizing solid shall be classified in one of the three categories for this class using test O.1 in Part III, sub-section 34.4.1 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), in accordance with Table B.14.1:
Table B.14.1 — Criteria for Oxidizing Solids
Category Criteria
1 Any chemical which, in the 4:1 or 1:1 sample-to-cellulose ratio (by mass) tested, exhibits a mean burning time less than the mean burning time of a 3:2 mixture, by mass, of potassium bromate and cellulose.
2 Any chemical which, in the 4:1 or 1:1 sample-to-cellulose ratio (by mass) tested, exhibits a mean burning time equal to or less than the mean burning time of a 2:3 mixture (by mass) of potassium bromate and cellulose and the criteria for Category 1 are not met.
3 Any chemical which, in the 4:1 or 1:1 sample-to-cellulose ratio (by mass) tested, exhibits a mean burning time equal to or less than the mean burning time of a 3:7 mixture (by mass) of potassium bromate and cellulose and the criteria for Categories 1 and 2 are not met.
Note 1: Some oxidizing solids may present explosion hazards under certain conditions (e.g., when stored in large quantities). For example, some types of ammonium nitrate may give rise to an explosion hazard under extreme conditions and the "Resistance to detonation test" (IMO: Code of Safe Practice for Solid Bulk Cargoes, 2005, Annex 3, Test 5) may be used to assess this hazard. When information indicates that an oxidizing solid may present an explosion hazard, it shall be indicated on the Safety Data Sheet.
Note 2: Classification of solid chemicals shall be based on tests performed on the chemical as presented. If, for example, for the purposes of supply or transport, the same chemical is to be presented in a physical form different from that which was tested and which is considered likely to materially alter its performance in a classification test, classification must be based on testing of the chemical in the new form.
B.14.3 Additional Classification Considerations
B.14.3.1 For organic chemicals, the classification procedure for this class shall not be applied if:
(a) The chemical does not contain oxygen, fluorine or chlorine; or
(b) The chemical contains oxygen, fluorine or chlorine and these elements are chemically bonded only to carbon or hydrogen.
B.14.3.2 For inorganic chemicals, the classification procedure for this class shall not be applied if the chemical does not contain oxygen or halogen atoms.
B.14.3.3 In the event of divergence between test results and known experience in the handling and use of chemicals which shows them to be oxidizing, judgements based on known experience shall take precedence over test results.
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.15.1.2 An 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.15.2 Classification Criteria
B.15.2.1 Any organic peroxide shall be considered for classification in this class, unless it contains:
(a) Not more than 1.0% available oxygen from the organic peroxides when containing not more than 1.0% hydrogen peroxide; or
(b) Not more than 0.5% available oxygen from the organic peroxides when containing more than 1.0% but not more than 7.0% hydrogen peroxide.
Note: The available oxygen content (%) of an organic peroxide mixture is given by the formula:
Where:
ni = number of peroxygen groups per molecule of organic peroxide i;
ci = concentration (mass %) of organic peroxide i;
mi = molecular mass of organic peroxide i
B.15.2.2 Organic peroxides shall be classified in one of the seven categories of "Types A to G" for this class, according to the following principles:
(a) Any organic peroxide which, as packaged, can detonate or deflagrate rapidly shall be defined as organic peroxide TYPE A;
(b) Any organic peroxide possessing explosive properties and which, as packaged, neither detonates nor deflagrates rapidly, but is liable to undergo a thermal explosion in that package shall be defined as organic peroxide TYPE B;
(c) Any organic peroxide possessing explosive properties when the chemical as packaged cannot detonate or deflagrate rapidly or undergo a thermal explosion shall be defined as organic peroxide TYPE C;
(d) Any organic peroxide which in laboratory testing meets the criteria in (d)(i), (ii), or (iii) shall be defined as organic peroxide TYPE D:
(i) Detonates partially, does not deflagrate rapidly and shows no violent effect when heated under confinement; or
(ii) Does not detonate at all, deflagrates slowly and shows no violent effect when heated under confinement; or
(iii) Does not detonate or deflagrate at all and shows a medium effect when heated under confinement;
(e) Any organic peroxide which, in laboratory testing, neither detonates nor deflagrates at all and shows low or no effect when heated under confinement shall be defined as organic peroxide TYPE E;
(f) Any organic peroxide which, in laboratory testing, neither detonates in the cavitated state nor deflagrates at all and shows only a low or no effect when heated under confinement as well as low or no explosive power shall be defined as organic peroxide TYPE F;
(g) Any organic peroxide which, in laboratory testing, neither detonates in the cavitated state nor deflagrates at all and shows no effect when heated under confinement nor any explosive power, provided that it is thermally stable (self-accelerating decomposition temperature is 60 °C (140 °F) or higher for a 50 kg (110 lb) package), and, for liquid mixtures, a diluent having a boiling point of not less than 150 °C (302 °F) is used for desensitization, shall be defined as organic peroxide TYPE G. If the organic peroxide is not thermally stable or a diluent having a boiling point less than 150 °C (302 °F) is used for desensitization, it shall be defined as organic peroxide TYPE F.
B.15.3 Additional Classification Considerations
B.15.3.1 For purposes of classification, the properties of organic peroxides shall be determined in accordance with test series A to H as described in Part II of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6).
B.15.3.2 Self-accelerating decomposition temperature (SADT) shall be determined in accordance with the UN ST/ SG/AC.10 (incorporated by reference; See §1910.6), Part II, section 28.
B.15.3.3 Mixtures of organic peroxides may be classified as the same type of organic peroxide as that of the most dangerous ingredient. However, as two stable ingredients can form a thermally less stable mixture, the SADT of the mixture shall be determined.
B.16 CORROSIVE TO METALS
B.16.1 Definition
A chemical which is corrosive to metals means a chemical which by chemical action will materially damage, or even destroy, metals.
B.16.2 Classification Criteria
A chemical which is corrosive to metals shall be classified in a single category for this class, using the test in Part III,
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
§1910.1200 Appendix C
Selected 1910 General Industry Standards
sub-section 37.4 of the UN ST/SG/AC.10 (incorporated by reference; See §1910.6), in accordance with Table B.16.1:
Table B.16.1 — Criteria for Chemicals Corrosive to Metal Category Criteria
1 Corrosion rate on either steel or aluminium surfaces exceeding 6.25 mm per year at a test temperature of 55 °C (131 °F) when tested on both materials.
Note: Where an initial test on either steel or aluminium indicates the chemical being tested is corrosive, the follow-up test on the other metal is not necessary.
B.16.3 Additional Classification Considerations
The specimen to be used for the test shall be made of the following materials:
(a) For the purposes of testing steel, steel types S235JR+CR (1.0037 resp.St 37-2), S275J2G3+CR (1.0144 resp.St 443), ISO 3574, Unified Numbering System (UNS) G 10200, or SAE 1020;
(b) For the purposes of testing aluminium: Non-clad types 7075T6 or AZ5GU-T6.
§1910.1200 Appendix C
Allocation of Label Elements (Mandatory)
of Label Elements (Mandatory)
C.1 The label for each hazardous chemical shall include the product identifier used on the safety data sheet.
C.1.1 The 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.2.1 Precedence of Hazard Information
C.2.1.1 If the signal word "Danger” is included, the signal word "Warning” shall not appear;
C.2.1.2 If the skull and crossbones pictogram is included, the exclamation mark pictogram shall not appear where it is used for acute toxicity;
C.2.1.3 If the corrosive pictogram is included, the exclamation mark pictogram shall not appear where it is used for skin or eye irritation;
C.2.1.4 If the health hazard pictogram is included for respiratory sensitization, the exclamation mark pictogram shall not appear where it is used for skin sensitization or for skin or eye irritation.
C.2.2 Hazard Statement Text
C.2.2.1 The text of all applicable hazard statements shall appear on the label, except as otherwise specified. The information in italics shall be included as part of the hazard statement as provided. For example: "causes damage to organs (state all organs affected) through prolonged or repeated exposure (state route of exposure if no other routes of exposure cause the hazard) ”. Hazard statements may be combined where appropriate to reduce the information on the label and improve readability, as long as all of the hazards are conveyed as required.
C.2.2.2 If the chemical manufacturer, importer, or responsible party can demonstrate that all or part of the hazard statement is inappropriate to a specific substance or mixture, the corresponding statement may be omitted from the label.
C.2.3 Pictograms
C.2.3.1 Pictograms 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.2.3.2 One 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.
Figure C.1 — Hazard Symbols and Classes
Flame Flame Over Circle Exclamation Mark Exploding Bomb
Flammables Self Reactives
Pyrophorics
Self-Heating
Emits Flammable Gas Organic Peroxides
Oxidizers
Corrosives Gases Under Pressure
Irritant
Dermal Sensitizer
Acute Toxicity
(harmful)
Narcotic effects
Respiratory Tract Irritation
Explosives
Self Reactives
Organic Peroxides
Carcinogen Respiratory Sensitizer
Reproductive Toxicity
Target Organ Toxicity
Mutagenicity Aspiration Toxicity
Acute Toxicity (severe)
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.2.4 Precautionary Statement Text
C.2.4.1 There are four types of precautionary statements presented, "prevention,” "response,” "storage,” and "disposal.” The core part of the precautionary statement is presented in bold print. This is the text, except as otherwise specified, that shall appear on the label. Where additional information is required, it is indicated in plain text.
C.2.4.2 When a backslash or diagonal mark (/) appears in the precautionary statement text, it indicates that a choice has to be made between the separated phrases. In such cases, the chemical manufacturer, importer, or responsible party can choose the most appropriate phrase(s). For example, "Wear protective gloves/protective clothing/eye protection/ face protection” could read "wear eye protection”.
C.2.4.3 When three full stops (* * *) appear in the precautionary statement text, they indicate that all applicable conditions are not listed. For example, in "Use explosion-proof electrical/ventilating/lighting/* * */equipment”, the use of "* * *” indicates that other equipment may need to be specified. In such cases, the chemical manufacturer, importer, or responsible party can choose the other conditions to be specified.
C.2.4.4 When text in italics is used in a precautionary statement, this indicates specific conditions applying to the use or allocation of the precautionary statement. For example, "Use explosion-proof electrical/ventilating/lighting/* * */equipment”
Figure C.2 — Exclamation Mark Pictogram
Corrosion Gas Cylinder Health Hazard Skull and Crossbones
is only required for flammable solids "if dust clouds can occur”. Text in italics is intended to be an explanatory, conditional note and is not intended to appear on the label.
C.2.4.5 Where square brackets ([ ]) appear around text in a precautionary statement, this indicates that the text in square brackets is not appropriate in every case and should be used only in certain circumstances. In these cases, conditions for use explaining when the text should be used are provided. For example, one precautionary statement states: "[In case of inadequate ventilation] wear respiratory protection.” This statement is given with the condition for use "- text in square brackets may be used if additional information is provided with the chemical at the point of use that explains what type of ventilation would be adequate for safe use”. This means that, if additional information is provided with the chemical explaining what type of ventilation would be adequate for safe use, the text in square brackets should be used and the statement would read: "In case of inadequate ventilation wear respiratory protection.” However, if the chemical is supplied without such ventilation information, the text in square brackets should not be used, and the precautionary statement should read: "Wear respiratory protection.”
C.2.4.6 Precautionary statements may be combined or consolidated to save label space and improve readability. For example, "Keep from heat, sparks and open flame,” "Store in a well-awayventilated place” and "Keep cool” can be combined to read "Keep away from heat, sparks and open flame and store in a cool, well-ventilated place.”
C.2.4.7 In most cases, the precautionary statements are independent (e.g., the phrases for explosive hazards do not modify those related to certain health hazards, and products that are classified for both hazard classes shall bear appropriate precautionary statements for both). Where a chemical is classified for a number of hazards, and the precautionary statements are similar, the most stringent shall be included on the label (this will be applicable mainly to preventive measures). An order of precedence may be imposed by the chemical manufacturer, importer or responsible party in situations where phrases concern "Response.” Rapid action may be crucial. For example, if a chemical is carcinogenic and acutely toxic, rapid action may be crucial, and first aid measures for acute toxicity will take precedence over those for long-term effects. In addition, medical attention to delayed health effects may be required in cases of incidental exposure, even if not associated with immediate symptoms of intoxication.
C.2.4.8 If the chemical manufacturer, importer, or responsible party can demonstrate that a precautionary statement is inappropriate to a specific substance or mixture, the precautionary statement may be omitted from the label.
C.3 Supplementary Hazard Information
C.3.1 To ensure that non-standardized information does not lead to unnecessarily wide variation or undermine the required information, supplementary information on the label is limited to when it provides further detail and does not contradict or cast doubt on the validity of the standardized hazard information.
C.3.2 Where the chemical manufacturer, importer, or distributor chooses to add supplementary information on the label, the placement of supplemental information shall not impede identification of information required by this section.
C.3.3 Where an ingredient with unknown acute toxicity is used in a mixture at a concentration 1%, and the mixture is not classified based on testing of the mixture as a whole, a statement that X% of the mixture consists of ingredient(s) of unknown acute toxicity is required on the label.
C.4 Requirements For Signal Words, Hazard Statements, Pictograms, And Precautionary Statements
C.4.1 ACUTE TOXICITY ORAL (Classified in Accordance with Appendix A.1)
C.4.1 ACUTE TOXICITY ORAL (CONTINUED) (Classified in Accordance with Appendix A.1)
C.4.1 ACUTE TOXICITY ORAL (CONTINUED) (Classified in Accordance with Appendix A.1)
C.4.2 ACUTE TOXICITY DERMAL (Classified in Accordance with Appendix A.1)
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
C.4.2 ACUTE TOXICITY DERMAL (CONTINUED) (Classified in Accordance with Appendix A.1)
C.4.3 ACUTE TOXICITY - INHALATION (CONTINUED) (Classified in Accordance with Appendix A.1)
C.4.2 ACUTE TOXICITY DERMAL (CONTINUED) (Classified in Accordance with Appendix A.1)
C.4.3 ACUTE TOXICITY - INHALATION (CONTINUED) (Classified in Accordance with Appendix A.1)
C.4.3 ACUTE TOXICITY - INHALATION (Classified in Accordance with Appendix A.1)
C.4.4 SKIN CORROSION/IRRITATION (Classified in Accordance with Appendix A.2)
C.4.4 SKIN CORROSION/IRRITATION (CONTINUED) (Classified in Accordance with Appendix A.2)
Allocation of Label Elements (Mandatory)
C.4.5 EYE DAMAGE/IRRITATION
(Classified in Accordance with Appendix A.3)
C.4.7 SENSITIZATION - SKIN
(Classified in Accordance with Appendix A.4)
C.4.5 EYE DAMAGE/IRRITATION (CONTINUED)
(Classified in Accordance with Appendix A.3)
C.4.8 GERM CELL MUTAGENICITY
(Classified in Accordance with Appendix A.5)
C.4.5 EYE DAMAGE/IRRITATION (CONTINUED)
(Classified in Accordance with Appendix A.3)
C.4.6 SENSITIZATION - RESPIRATORY
(Classified in Accordance with Appendix A.4)
C.4.9 CARCINOGENICITY
(Classified in Accordance with Appendix A.6)
C.4.10 TOXIC TO REPRODUCTION
(Classified in Accordance with Appendix A.7)
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
C.4.10 TOXIC TO REPRODUCTION (CONTINUED) (Classified in Accordance with Appendix A.7)
C.4.12 SPECIFIC TARGET ORGAN TOXICITY (Repeated Exposure) (Classified in Accordance with Appendix A.9)
C.4.11 SPECIFIC TARGET ORGAN TOXICITY (Single Exposure) (Classified in Accordance with Appendix A.8)
C.4.12 SPECIFIC TARGET ORGAN TOXICITY (Repeated Exposure) (CONTINUED) (Classified in Accordance with Appendix A.9)
C.4.13 ASPIRATION HAZARD (Classified in Accordance with Appendix A.10)
C.4.11 SPECIFIC TARGET ORGAN TOXICITY (Single Exposure) (CONTINUED) (Classified in Accordance with Appendix A.8)
C.4.11 SPECIFIC TARGET ORGAN TOXICITY (Single Exposure) (CONTINUED) (Classified in Accordance with Appendix A.8)
C.4.14 EXPLOSIVES (Classified in Accordance with Appendix B.1)
Allocation of Label Elements (Mandatory)
C.4.14 EXPLOSIVES (CONTINUED) (Classified in Accordance with Appendix B.1)
C.4.15 FLAMMABLE GASES (Classified in Accordance with Appendix B.2)
C.4.15 FLAMMABLE GASES (CONTINUED) (Classified in Accordance with Appendix B.2)
C.4.14 EXPLOSIVES (CONTINUED) (Classified in Accordance with Appendix B.1)
C.4.16 FLAMMABLE AEROSOLS (Classified in Accordance with Appendix B.3)
C.4.14 EXPLOSIVES (CONTINUED) (Classified in Accordance with Appendix B.1)
C.4.17 OXIDIZING GASES (Classified in Accordance with Appendix B.4)
C.4.14 EXPLOSIVES (CONTINUED) (Classified in Accordance with Appendix B.1)
C.4.18 GASES UNDER PRESSURE (Classified in Accordance with Appendix B.5)
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
C.4.18 GASES UNDER PRESSURE (CONTINUED) (Classified in Accordance with Appendix B.5)
C.4.21 SELF-REACTIVE SUBSTANCES AND MIXTURES (Classified in Accordance with Appendix B.8)
C.4.19 FLAMMABLE LIQUIDS (Classified in Accordance with Appendix B.6)
C.4.21 SELF-REACTIVE SUBSTANCES AND MIXTURES (CONTINUED) (Classified in Accordance with Appendix B.8)
C.4.19 FLAMMABLE LIQUIDS (CONTINUED) (Classified in Accordance with Appendix B.6)
C.4.21 SELF-REACTIVE SUBSTANCES AND MIXTURES (CONTINUED) (Classified in Accordance with Appendix B.8)
C.4.20 FLAMMABLE SOLIDS (Classified in Accordance with Appendix B.7)
Allocation of Label Elements (Mandatory)
C.4.22 PYROPHORIC LIQUIDS
(Classified in Accordance with Appendix B.9)
C.4.25 SUBSTANCES AND MIXTURES WHICH, IN CONTACT WITH WATER, EMIT FLAMMABLE GASES (CONTINUED) (Classified in Accordance with Appendix B.12)
C.4.26 OXIDIZING LIQUIDS
(Classified in Accordance with Appendix B.13)
C.4.23 PYROPHORIC SOLIDS
(Classified in Accordance with Appendix B.10)
C.4.24 SELF-HEATING SUBSTANCES AND MIXTURES
(Classified in Accordance with Appendix B.11)
C.4.25 SUBSTANCES AND MIXTURES WHICH, IN CONTACT WITH WATER, EMIT FLAMMABLE GASES
(Classified in Accordance with Appendix B.12)
C.4.26 OXIDIZING LIQUIDS (CONTINUED) (Classified in Accordance with Appendix B.13)
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
C.4.27 OXIDIZING SOLIDS (Classified in Accordance with Appendix B.14)
C.4.28 ORGANIC PEROXIDES (CONTINUED) (Classified in Accordance with Appendix B.15)
§1910.1200 Appendix C
C.4.27 OXIDIZING SOLIDS (CONTINUED) (Classified in Accordance with Appendix B.14)
C.4.28 ORGANIC PEROXIDES (CONTINUED) (Classified in Accordance with Appendix B.15)
C.4.28 ORGANIC PEROXIDES (Classified in Accordance with Appendix B.15)
C.4.29 CORROSIVE TO METALS (Classified in Accordance with Appendix B.16)
C.4.30 Label elements for OSHA defined hazards
Safety Data Sheets (Mandatory)
§1910.1200 Appendix D
Safety Data Sheets (Mandatory)
A safety data sheet (SDS) shall include the information specified in Table D.1 under the section number and heading indicated for sections 1-11 and 16. If no relevant information is found for any given subheading within a section, the SDS shall clearly indicate that no applicable information is available. Sections 12-15 may be included in the SDS, but are not mandatory.
Table D.1 — Minimum Information for an SDS Heading Subheading
(a) Product identifier used on the label;
(b) Other means of identification;
(c) Recommended use of the chemical and restrictions on use;
1. Identification
2. Hazard(s) identification
(d) Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party;
(e) Emergency phone number.
(a) Classification of the chemical in accordance with paragraph (d) of §1910.1200;
(b) Signal word, hazard statement(s), symbol(s) and precautionary statement(s) in accordance with paragraph (f) of §1910.1200. (Hazard symbols may be provided as graphical reproductions in black and white or the name of the symbol, e.g., flame, skull and crossbones);
(c) Describe any hazards not otherwise classified that have been identified during the classification process;
(d) Where an ingredient with unknown acute toxicity is used in a mixture at a concentration 1% and the mixture is not classified based on testing of the mixture as a whole, a statement that X% of the mixture consists of ingredient(s) of unknown acute toxicity is required.
Except as provided for in paragraph (i) of §1910.1200 on trade secrets:
For Substances
(a) Chemical name;
(b) Common name and synonyms;
(c) CAS number and other unique identifiers;
(d) Impurities and stabilizing additives which are themselves classified and which contribute to the classification of the substance.
For Mixtures
In addition to the information required for substances:
3. Composition/ information on ingredients
(a) The chemical name and concentration (exact percentage) or concentration ranges of all ingredients which are classified as health hazards in accordance with paragraph (d) of §1910.1200 and
(1) Are present above their cut-off/concentration limits; or
(2) Present a health risk below the cut-off/concentration limits.
(b) The concentration (exact percentage) shall be specified unless a trade secret claim is made in accordance with paragraph (i) of §1910.1200, when there is batch-to-batch variability in the production of a mixture, or for a group of substantially similar mixtures (See A.0.5.1.2) with similar chemical composition. In these cases, concentration ranges may be used.
For All Chemicals Where a Trade Secret is Claimed
Where a trade secret is claimed in accordance with paragraph (i) of §1910.1200, a statement that the specific chemical identity and/or exact percentage (concentration) of composition has been withheld as a trade secret is required.
(a) Description of necessary measures, subdivided according to the different routes of exposure, i.e., inhalation, skin and eye contact, and ingestion;
4. First-aid measures
5. Fire-fighting measures
6. Accidental release measures
(b) Most important symptoms/effects, acute and delayed.
(c) Indication of immediate medical attention and special treatment needed, if necessary.
(a) Suitable (and unsuitable) extinguishing media.
(b) Specific hazards arising from the chemical (e.g., nature of any hazardous combustion products).
(c) Special protective equipment and precautions for firefighters.
(a) Personal precautions, protective equipment, and emergency procedures.
(b) Methods and materials for containment and cleaning up.
7. Handling and storage (a) Precautions for safe handling. (b) Conditions for safe storage, including any incompatibilities.
8. Exposure controls/ personal protection
9. Physical and chemical properties
(a) OSHA permissible exposure limit (PEL), American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value (TLV), and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the safety data sheet, where available.
(b) Appropriate engineering controls.
(c) Individual protection measures, such as personal protective equipment.
(a) Appearance (physical state, color, etc.);
(b) Odor;
(c) Odor threshold;
(d) pH;
(e) Melting point/freezing point;
(f) Initial boiling point and boiling range;
(g) Flash point;
(h) Evaporation rate;
(i) Flammability (solid, gas);
(j) Upper/lower flammability or explosive limits;
(k) Vapor pressure;
(l) Vapor density;
(m) Relative density;
(n) Solubility(ies);
(o) Partition coefficient: n-octanol/water;
(p) Auto-ignition temperature;
(q) Decomposition temperature;
(r) Viscosity.
(a) Reactivity;
(b) Chemical stability;
(c) Possibility of hazardous reactions;
10. Stability and reactivity
(d) Conditions to avoid (e.g., static discharge, shock, or vibration);
(e) Incompatible materials;
(f) Hazardous decomposition products.
Description of the various toxicological (health) effects and the available data used to identify those effects, including:
(a) Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact);
(b) Symptoms related to the physical, chemical and toxicological characteristics;
11. Toxicological information
(c) Delayed and immediate effects and also chronic effects from short- and long-term exposure;
(d) Numerical measures of toxicity (such as acute toxicity estimates).
(e) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest edition), or by OSHA.
(a) Ecotoxicity (aquatic and terrestrial, where available);
(b) Persistence and degradability;
12. Ecological information (Non-mandatory)
13. Disposal considerations (Non-mandatory)
14. Transport information (Non-mandatory)
(c) Bioaccumulative potential;
(d) Mobility in soil;
(e) Other adverse effects (such as hazardous to the ozone layer).
Description of waste residues and information on their safe handling and methods of disposal, including the disposal of any contaminated packaging.
(a) UN number;
(b) UN proper shipping name;
(c) Transport hazard class(es);
(d) Packing group, if applicable;
(e) Environmental hazards (e.g., Marine pollutant (Yes/No));
(f) Transport in bulk (according to Annex II of MARPOL 73/78 and the IBC Code);
(g) Special precautions which a user needs to be aware of, or needs to comply with, in connection with transport or conveyance either within or outside their premises.
Note: This partial selection of Part 1910 “General Industry Standards” is intended for convenience only; some parts may not be applicable to “Construction Standards.”
Table D.1 — Minimum Information for an SDS (continued) Heading Subheading
Table D.1 — Minimum Information for an SDS (continued) Heading Subheading
15. Regulatory information (Non-mandatory) Safety, health and environmental regulations specific for the product in question.
16. Other information, including date of preparation or last revision The date of preparation of the SDS or the last change to it.
§1910.1200 Appendix E
Definition of “Trade Secret” (Mandatory)
The following is a reprint of the Restatement of Torts section 757, comment b (1939):
b. Definition of trade secret.
A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see s759 of the Restatement of Torts which is not included in this Appendix) in that it is not simply information as to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management. Secrecy.
The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged
to secrecy. Others may also know of it independently, as, for example, when they have discovered the process or formula by independent invention and are keeping it secret. Nevertheless, a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one's trade secret are:
(1) The extent to which the information is known outside of his business;
(2) the extent to which it is known by employees and others involved in his business;
(3) the extent of measures taken by him to guard the secrecy of the information;
(4) the value of the information to him and his competitors;
(5) the amount of effort or money expended by him in developing the information;
(6) the ease or difficulty with which the information could be properly acquired or duplicated by others.
Novelty and prior art.
A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection is merely against breach of faith and reprehensible means of learning another's secret. For this limited protection it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is, however, an important factor in determining the kind of relief that is appropriate against one who is subject to liability under the rule stated in this Section. Thus, if the secret consists of a device or process which is a novel invention, one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate.
Addendum
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 Secre-
tary 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.
The complete Occupational Safety and Health Act of 1970 is available at https://www.osha.gov/laws-regs/oshact/completeoshact.
OSHA's Citation Policy on Multi-Employer Worksite Inspections
Editor's Note: This is based on OSHA's Directive CPL 02-00-124: MultiEmployer Citation Policy.
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.
CPL 02-00-124: Multi-Employer Citation Policy (complete) is posted at www.oshacfr.com
States with Approved Plans - State Office Directory
Alaska Occupational Safety and Health
1251 Muldoon Road, Suite 109 Anchorage, Alaska 99504 (907) 465-2700 Fax: (907) 465-2784
Arizona Division of Occupational Safety and Health
800 W. Washington Phoenix, AZ 85007 (602) 542-5795 Fax: (602) 542-1614
Division of Occupational Safety and Health 1515 Clay Street, 19th Floor Oakland, California 94612 (510) 622-8965 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 321 Honolulu, HI 96813 (808) 586-8841 Fax: (808) 586-9116
Illinois Department of Labor Safety Inspection and Education Division*
900 South Spring Street Springfield, IL 62702 (217) 782-9386 Fax: (217) 785-8776
*State Plan for Public Employees Only
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 657 Chamberlin Ave. Frankfort, Kentucky 40601 (502) 564-3070 Fax: (502) 564-5387
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
Michigan Occupational Safety & Health Administration 530 W. Allegan Street P.O. Box 30643 Lansing, Michigan 48909-8143 (517) 284-7778 Fax: (517) 284-7725
Minnesota Occupational Safety and Health Administration 43 Lafayette Road North St. Paul, MN 55155-4307 (651) 284-5050 Fax: (651) 284-5721
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 Dept. of Labor and Workforce Development*
1 John Fitch Plaza P.O. Box 386 Trenton, New Jersey 08625-0386 (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) 827-2855 Fax: (505) 827-2836
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) 733-0359
Oregon Occupational Safety & Health Division
Salem Central Office PO Box 14480 350 Winter Street, NE, 3rd Floor Salem, Oregon 97309-0405 (503) 378-3272 Fax: (503) 947-7461
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, Kingstree Building 121 Executive Center Dr., Ste. 230 P.O. Box 11329 Columbia, SC 29211-1329 (803) 896-4300 Fax: (803) 896-4393
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 Worforce Services Herschler Building 1510 E. Pershing Blvd., West Wing 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
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 |
A. Maceo Smith Federal Building 525 Griffin Street, Suite 602 (972) 850-4145 FAX: (972) 850-4149 Area Offices: | Arkansas | Louisiana | | New Mexico | Oklahoma | | Texas | REGION 7
REGION 3
U.S. Department of Labor - OSHA, The Curtis Center-Suite 740 West, 170 S. Independence Mall West Philadelphia, PA 19106 (215) 861-4900 FAX: (215) 861-4904 Area Offices: | District of Columbia | Delaware | | Maryland | Pennsylvania | Virginia | | West Virginia |
Two Pershing Square Building 2300 Main Street, Suite 1010 Kansas City, Missouri 64108 (816) 283-8745 FAX: (816) 283-0547 Area Offices: | Iowa | Kansas | Missouri | | Nebraska | 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 18100 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
Area Offices: | Illinois | Indiana | Michigan | | Minnesota | Ohio | Wisconsin |
REGION 10
300 Fifth Avenue, Suite 1280 Seattle, Washington 98104 (206) 757-6700 FAX: (206) 757-6705 Area Offices: | Alaska | Idaho | Oregon | | Washington |
National Offices
Office of Small Business Assistance
U.S. Department of Labor Directorate of Cooperative and State Programs (OSHA) Room: N-3660 200 Constitution Ave. NW Washington, D.C. 20210 (202) 693-2200
Office of State Programs
U.S. Department of Labor Office of State Programs (OSHA) - Room: N3700 200 Constitution Ave. NW Washington, D.C. 20210 (202) 693-2244
A
Abatement 1903.19 5
Warning Tag Sample 1903.19 Appendix C 8
Aggressive method 1915.1001 77
Air
Quality 1910.134(i) 191
Air Contaminants 1910.19 186
Air Quality
Breathing 1910.134(i) 191
Aisles
Mechanical Equipment 1910.178(m)(14) 204
Amended water 1915.1001 77
Anchorage 1915.151(b) 55
Apron 1917.2 117
Asbestos 1915.1001 77
B
Barge 1915.4 23 1918.2 145
Battery Changing and Charging 1910.178(g) 203
Beryllium
Compliance methods 1915.1024(f) 108
Definition 1915.1024(b) 107
Exposure assessment 1915.1024(d) 107
Hazard communication 1915.1024(m) 111
Housekeeping 1915.1024(j) 110
Hygiene practices 1915.1024(i) 109
Medical Surveillance 1915.1024(k) 110
Permissible exposure limits (PELs) 1915.1024(c) 107
Personal protective equipment 1915.1024(h) 109
Recordkeeping 1915.1024(n) 112
Regulated areas 1915.1024(e) 108
Respiratory Protection 1915.1024(g) 109
Scope and application 1915.1024(a) 107
Body belt 1915.151(b) 55
Body harness 1915.151(b) 55 1915.509 67
Brakes
Powered Industrial Trucks 1910.178(g)(8) 203 1910.178(m)(5)(i) 204 1910.178(m)(5)(ii) 204 1910.178(m)(5)(iii) 204 1910.178(m)(7) 204
Breathing Gas 1910.426 210
Bridge Plates 1910.178(n)(11) 204
Bulling 1918.2 145
CCarbon Monoxide 1910.178(i) 203
Cardiopulmonary Resuscitation (CPR)
Commercial Diving Operations 1910.410(a)(3) 208
Cargo packaging 1917.2 117
Certified Industrial Hygienist 1915.11 26
Certified Industrial Hygienist (CIH) 1915.1001 77
Chemicals
Hazard Communication 1910.1200 216
Definitions 1910.1200(c) 218
Employee Information and Training 1910.1200(h) 221
Trade Secrets 1910.1200(i) 221
Written Program 1910.1200(e) 219
Safety Data Sheets 1910.1200(g) 220
Class II standpipe system 1915.509 67
Cleaning
Respirators 1910.134(c)(1)(v) 187
Color Codes
Respirators 1910.134(j) 191
Combustible Dusts, Trucks Used 1910.178(c)(2)(vi)(a) 202 1910.178(c)(2)(vi)(b) 202
Competent person 1915.4 23
Compliance Duties 1910.9 186
Compressed Gas 1910.430(e) 211
Breathing Air Requirements 1910.134(i)(1)(ii) 191
Confined space 1915.4 23
Connector 1915.151(b) 55
Contractors
Hazard Communication 1910.1200(e)(2) 219 1910.1200(i)(3)(v) 221
Conveyor 1917.2 117
Corrective Glasses
Personal Protection Equipment (PPE) 1910.134(g)(1)(ii) 190
Cranes
Shore-based Material Handling Devices Examination 1919.71(d) 177 1919.72 178 1919.90(b)(2) 179
Crystalline silica
Respirable crystalline silica 1915.1053 116
Cylinders
Compressed Gas 1910.430(e) 211
Testing and Maintenance 1910.134(i)(4)(i) 191
DDanger zone 1917.2 117 1918.2 145
Deceleration device 1915.151(b) 55
Deceleration distance 1915.151(b) 55
Decontamination area 1915.1001 77
Definitions
Diving Terms 1910.402 207
Derricks
Shore-based Material Handling Devices Examination 1919.73(c) 178 1919.74 178 1919.90(b)(2) 179
Safe Working Loads 1919.75 178 Unit Proof Test 1919.73(a) 178 1919.73(b) 178
Vessels' Cargo Gear 1919.23 174
Diesel Powered Trucks 1910.178(b)(1) 201 1910.178(b)(2) 201
1910.178(b)(3) 201
Diving 1910.401 206
Definitions of Terms 1910.402 207
Equipment 1910.430 211 Explosives 1910.422(h) 209 Liveboating 1910.427 210
Mixed Gas 1910.426 210
Post-Dive Procedures 1910.423 209
Pre-Dive Procedures 1910.421 208
Procedures 1910.422 208
Qualifications 1910.410 208
Recordkeeping 1910.440 211
Safe Practices Manual 1910.420 208
Scientific 1910.401(a)(2)(iv) 207
SCUBA 1910.424 210
Surface Supplied Air 1910.425 210
Welding 1910.422(g) 209
Dock 1917.2 117
Dockboards 1910.178(n)(11) 204 1917.2 117 1918.2 145
Drop Test 1915.509 67
Dust Hazards
Asbestos 1910.19(a) 186
Employee Rescue
E
Employee Rescue 1903.14(f) 4
Equipment
Diving 1910.430 211
Eye Washes/Showers
Powered Industrial Trucks 1910.178(g) 203
FFall hazard 1918.2 145
Fire Protection
Trucks 1910.178 200
Fire hazard 1915.509 67
Fire Protection 1915.509 67
Trucks 1910.178 200
Fire response 1915.509 67
Fire suppression 1915.509 67
Fire watch 1915.509 67
Fixed extinguishing system 1915.509 67
Flammable 1915.12(b) 27
Flammable atmosphere 1917.2 117
Flammable liquid 1915.509 67
Flammable Liquids
Hazard Communication 1910.1200 216
Trucks Used 1910.178(c)(2) 201
Fork Trucks (see also Powered Industrial Trucks) 1910.178 200
Forklifts (see also Powered Industrial Trucks) 1910.178 200
Free fall 1915.151(b) 55
Free fall distance 1915.151(b) 55
Front-end attachments 1917.2 117
Fuel, Fueling, Refueling
Handling and Storage 1910.178(f) 203
Fuel, Handling and Storage 1910.178(f) 203
Fumes
PIT Exhaust Control 1910.178(i) 203
Respiratory Protection 1910.134(a)(1) 186
Fumigant 1917.2 117 1918.2 145
G
Gangway 1915.4 23 1918.2 145
Gasoline Powered Trucks 1910.178(b)(8) 201 1910.178(b)(9) 201
Gear Certification
Accreditation
Application for 1919.3 171 Action Upon 1919.4 172
Duration and Renewal 1919.5 172
Reconsideration and Review 1919.9 172
Shore-based Material Handling Devices
Eligibility 1919.50 176
Persons Accredited, Exemptions 1919.60 177
Provisions Respecting Applications 1919.51 177
Suspension or Revocation 1919.8 172
Vessels' Cargo Gear, Persons Accredited Criteria Governing Accreditation 1919.6 172
Duties, Exemptions 1919.10 172
Recordkeeping, Records in Custody of Accredited Persons 1919.11 173 Vessel 1919.12 173
Voluntary Amendment or Termination 1919.7 172
Definitions 1919.2 171
Shore-based Material Handling Devices 1919.70 177
Cranes 1919.71 177 1919.72 178 1919.75 178
Derricks 1919.73 178 1919.74 178 1919.75 178 Documentation 1919.90 178
Examination
Bulk Cargo Loading or Discharging Spouts or Suckers 1919.81 178
Cranes 1919.71(d) 177 1919.72 178 1919.90(b)(2) 179
Derricks 1919.73(c) 178 1919.74 178 1919.90(b)(2) 179
Nondestructive 1919.78 178
Heat Treatment 1919.80 178
Safe Working Loads
Cranes and Derricks 1919.75 178
Increase 1919.77 178
Reduction 1919.76 178
Unit Proof Test
Cranes 1919.71(a) 177 1919.71(b) 177 1919.71(c) 177
Derricks 1919.73(a) 178 1919.73(b) 178
Wire Rope 1919.24 174
Vessels' Cargo Gear 1919.13 173
Blocks and Components 1919.32 176
Braking Devices 1919.22 174
Gear Certification (continued) Vessels' Cargo Gear (continued) Chains 1919.25 175
Competent Persons 1919.37 176 Damaged Components 1919.20 174
Derrick Attachment 1919.23 174 Examinations 1919.15 173
Grace Periods 1919.18 174
Heat Treatment 1919.16 174 1919.36 176 Exemptions 1919.17 174 Inspections 1919.15 173
Persons Accredited Duties, Exemptions 1919.10 172 Recordkeeping 1919.11 173 1919.12 173
Power Sources 1919.22 174 Proof Loads 1919.29 175
Safe Working Loads Limitations on 1919.29 175 Marking and Posting 1919.21 174 Tests After Alterations, Renewals, or Repairs 1919.14 173
Initial 1919.14 173 Order 1919.35 176 Periodic 1919.15 173 Proof Tests
After Repairs or Alterations 1919.34 176 Loose Gear 1919.31 176
Wire Rope 1919.33 176
Unit Proof Tests 1919.27 175 1919.28 175 1919.30 175
Visual Inspection Before Tests 1919.26 175
Welding 1919.19 174
Wire Rope 1919.24 174
Goggles 1910.134(g)(1)(ii) 190 Guards and Guardrails Trucks 1910.178(e) 203
HHatch beam 1918.2 145
Hazard Classification 1910.1200(d) 219
Hazard Communication 1910.1200 216 Definitions 1910.1200(c) 218
Employee Information and Training 1910.1200(h) 221 Labels and Other Forms of Warning 1910.1200(f) 219 Safety Data Sheets 1910.1200(g) 220 Trade Secrets 1910.1200(i) 221 Written Program 1910.1200(e) 219 Hazardous Materials Trucks Used 1910.178(c)(2) 201 High-efficiency particulate air (HEPA) filter 1915.1001 77 Homogeneous area 1915.1001 77 Hose systems 1915.509 67 Hot work 1915.11 26
IIncident management system 1915.509 67 Incipient stage fire 1915.509 67 Industrial hygienist 1915.1001 77 Industrial Trucks 1910.178 200 Inerting 1915.509 67 Inspections
Respirators 1910.134(f) 189 1910.134(h)(3) 191 Inspections, Citations and Proposed Penalties Abatement Verification 1903.19 5 Advance Notice of Inspections 1903.6 2 Authority for Inspection 1903.3 1 Citations, Notices of De Minimis Violations, Policy Regarding Employee Rescue Activities 1903.14 3 Complaints by Employees 1903.11 3 Conduct of Inspections 1903.7 2 Consultation with Employees 1903.10 3 Definitions 1903.22 8 Employer and Employee Contests Before the Review Commission 1903.17 5 Entry Not a Waiver 1903.5 2 Failure to Correct a Violation for which a Citation Has Been Issued 1903.18 5 Imminent Danger 1903.13 3 Informal Conferences 1903.20 8 Inspection Not Warranted, Informal Review 1903.12 3 Objection to Inspection 1903.4 1 Petitions for Modification of Abatement Date 1903.14a 4 Posting of Citations 1903.16 5 Posting of Notice, Availability of the Act, Regulations and Applicable Standards 1903.2 1 Proposed Penalties 1903.15 4
Inspections, Citations and Proposed Penalties (continued)
Purpose and Scope 1903.1 1
Representatives of Employers and Employees 1903.8 2
State Administration 1903.21 8
Trade Secrets 1903.9 2
Intermodal container 1917.2 117 1918.2 145
Ionizing Radiation 1910.1200(b)(6)(xi) 218
JJacks
Fixed Truck 1910.178(k)(3) 203
Truck 1910.178(k)(3) 203
LLabeling, Hazardous Chemicals 1910.1200 216
Lanyard 1915.151(b) 55
Lighting (see also Illumination)
Powered Industrial Trucks 1910.178(h) 203
Lighting (see also Lamps)
Powered Industrial Trucks 1910.178(h) 203
Liquefied Petroleum Gas (LP-Gas) 1910.178(b)(10) 201
Fuel Handling and Storage 1910.178(f) 203
Trucks 1910.178(b) 201
Converted 1910.178(d) 203
Liquefied Petroleum Gases (see also Liquefied Petroleum Gases under Containers)
Fuel Handling and Storage 1910.178(f) 203
Trucks 1910.178(b) 201
Converted 1910.178(d) 203
Liquid Fuels
Handling and Storage 1910.178(f) 203
Liveboating 1910.427 210
Longshoremen's and Harbor Workers' Compensation Act
Purpose 1920.1 181
Variances 1920.2 181
Longshoring
Barges 1918.37 149
Access to 1918.26 148
Bridge and Car Plates 1918.25(a) 148
Cargo Handling
Building Drafts 1918.82 157
Bulling Cargo 1918.84 157
Cargo Elevators on Ships 1918.87 159
Containerized Operations 1918.85 157
Hazardous Cargo 1918.89 159
Log Operations 1918.88 159
Roll-on Roll-off (Ro-Ro) Operations 1918.86 158
Slinging 1918.81 156
Stowed Cargo 1918.83 157
Cargo Handling Gear
Auxiliary Gear 1918.62 151
Certification 1918.61(d) 151 1918.61(e) 151
Chutes 1918.63 153
Conveyors 1918.64 153
Cranes 1918.55 151 1918.66 154
Derricks 1918.66 154
Gravity Conveyors 1918.63 153
Grounding 1918.68 156
Inspection 1918.61(a) 151
Rigging Gear 1918.54 151
Rollers 1918.63 153
Safe Working Load 1918.61(b) 151
Special Gear 1918.61(f) 151
Tools 1918.69 156
Vessel 1918.51 150
Cargo Hooks 1918.52(f) 150
Cargo Winches 1918.53 150
Coaming Rollers 1918.52(e) 150
Falls 1918.52(c) 150
Heel Blocks 1918.52(d) 150
Mechanically Powered Vehicles 1918.65 154
Notifying Officers Before Using Certain Equipment 1918.67 156
Preventers 1918.52(a) 150
Stoppers 1918.52(b) 150
Weight Markings 1918.61(c) 151
Cargo, Stowed 1918.32 149
Decks
Deck loads 1918.33 149
Other Decks 1918.34 149
Definitions 1918.52 150
DOT Markings, Placards, and Labels, Retention of 1918.99 162
Emergency Action Plans 1918.100 162
Longshoring (continued)
First Aid 1918.97 161
Gangways 1918.22 147
Gear Certification 1918.11 147
Hatch beam and pontoon bridles 1918.42 149
Hatch beams and covers 1918.43 149
Hatch Coverings 1918.31 148
Hatches
Open 1918.35 149
Opening and Closing 1918.41 149 1918.42 149 1918.43 149
Hazardous Atmospheres and Substances 1918.93 160
Housekeeping 1918.97 161
Illumination 1918.92 159
Incorporation by reference 1918.3 146
Jacob's Ladders 1918.23 147
Ladders, Fixed and Portable 1918.24 147
Lifesaving Facilities 1918.97 161
Machinery Operators, Qualifications 1918.98 161
Maintenance 1918.96 161
Personal Protective Equipment
Foot Protection 1918.104 163
Head Protection 1918.103 162
Personal Flotation Devices 1918.105(b) 163
Protective Clothing 1918.105(a) 163
Personal Protective EquipmentEye and Face Protection 1918.101 162
Ramps 1918.25(b) 148
Repair Work 1918.96 161
River Towboats, Access to 1918.26 148
Sanitation 1918.95 161
Scope and application 1918.1 145
Temporary Landing Surfaces 1918.32 149
Ventilation 1918.94 160
Weather Deck Rails 1918.36 149
Longshoring operations 1918.2 145
Loose gear 1917.2 117
Lower explosive limit 1915.11 26
MMaintenance (see also Term To Which It Applies)
Powered Industrial Trucks 1910.178(q) 205
Respirators 1910.134(f) 189 1910.134(h) 190
Marine Chemist 1915.11 26
Marine terminal 1917.2 117
Marine Terminals
Air Receivers 1917.155 143
Barges, Movement of 1917.19 120
Battery Charging and Changing 1917.157 144
Carbon Monoxide 1917.24 121
Cargo Doors 1917.114 135
Cargo Handling Gear and Equipment
Auxiliary Gear 1917.42 122
Bins 1917.49 130
Chutes 1917.49 130
Conveyors 1917.48 129
Cranes 1917.45 127
Derricks 1917.45 127
Hand Tools 1917.51 131
Hoppers 1917.49 130
House Falls 1917.41 122
Load Indicating Devices 1917.46 129
Marine Terminal Material Handling Devices, Certification of 1917.50 130
Powered Industrial Trucks 1917.43 124
Spouts 1917.49 130
Vehicles 1917.44 125
Winches 1917.47 129
Cargo, Stacking of 1917.14 120
Communications, Interference with 1917.20 120
Compressed Air 1917.154 143
Coopering 1917.15 120
Cutting 1917.152 140
Definitions 1917.2 117
Housekeeping 1917.11 119
Dockboards 1917.124 138
DOT Markings, Placards, and Labels, Retention of 1917.29 122
Edges, Guarding 1917.112 134
Elevators and Escalators 1917.116 135
Emergency Action Plans 1917.30 122
Exits 1917.122 138
First Aid 1917.26 121
Fuel Handling and Storage 1917.156 143
Fumigants 1917.25 121
Hazardous Atmospheres and Substances 1917.23 120
Marine Terminals (continued)
Marine Terminals (continued)
Hazardous Cargo 1917.22 120
Hazardous Preservatives 1917.25 121
Hazards, Temporary 1917.125 138
Heating 1917.152 140
Height, Clearance 1917.113 135
Illumination 1917.123 138
Incorporation by reference 1917.3 118
Insecticides 1917.25 121
Ladders
Fixed 1917.118 136
Portable 1917.119 137
Lifesaving Facilities 1917.26 121
Line Handling 1917.16 120
Load Limits 1917.111 134
Log Handling 1917.18 120
Machine Guarding 1917.151 139
Maintenance 1917.111 134
Manlifts 1917.117 135
Marking 1917.128 139
Open Fires 1917.21 120
Pallets, Stacking of 1917.14 120
Personal Protective Equipment
Emergency Facilities 1917.95(c) 134
Eye and Face Protection 1917.91 133
Foot Protection 1917.94 134
Head Protection 1917.93 133
Personal Flotation Devices 1917.95(b) 134
Protective Clothing 1917.95(a) 134
Respiratory Protection 1917.92 133
Personnel 1917.27 121
Pesticides 1917.25 121
Platforms 1917.115 135
Prohibited Operations 1917.158 144
Railcars, Movement of 1917.19 120
Railroad Facilities 1917.17 120
River Banks 1917.126 138
Sanitation 1917.127 138
Scope and applicability 1917.1 117
Signs 1917.128 139
Skids 1917.115 135
Slinging 1917.13 119
Slippery Conditions 1917.12 119
Specialized Terminals 133 1917.70 131 1917.71 131
Spray Painting 1917.153 142
Stairways
Fixed 1917.120 137
Spiral 1917.121 137
Welding 1917.152 140
Markings
Powered Industrial Trucks 1910.178(a)(3) 201
Respirators 1910.134(j) 191
Mechanical Equipment
Powered Industrial Trucks 1910.178 200
Medical records 1910.1020 212
Access 1910.1020 212
Definitions 1910.1020(c) 212
Employee Exposure 1910.1020 212
Release Form 1910.1020 Appendix A 216
Transfers 1910.1020(h) 215
Mississippi River System 1918.2 145
Nationally Recognized Testing Laboratory 1915.11 26
Nationally Recognized Testing Laboratory (NRTL) 1910.7 183
Negative Initial Exposure Assessment 1915.1001 77
NIOSH Registry (RTECS) 1910.1020 Appendix B 216
Nonionizing Radiation 1910.1200(b)(6)(xi) 218
Noxious Gases, Storage Areas 1910.178(i) 203
OSHA Act of 1970 1903.1 1 1903.2(a)(1) 1
Outside Storage Trucks 1910.178(c)(2)(ix) 203 1910.178(c)(2)(xi) 203
Oxygen-deficient atmosphere 1915.11 26
Oxygen-enriched atmosphere 1915.11 26
PACM 1915.1001 77
Personal Alert Safety System (PASS) 1915.509 67
Personal Protective Equipment (PPE) Respiratory Protection 1910.134 186
Personal Protective Equipment (PPE) (PPE)
Compliance Duties 1910.9 186
Personal Protective Equipment (PPE)
Respiratory Protection 1910.134 186
Physical isolation 1915.509 67
Piers and Wharves 1910.178(c)(2)(x) 203 Plans, Written
Hazard Communication 1910.1200(e) 219
Respiratory Protection 1910.134(c) 187
Platforms
Lift Trucks (see also Powered Industrial Trucks) 1910.178 200
Portable unfired pressure vessel 1915.4 23
Positioning device system 1915.151(b) 55
Powder actuated fastening tool 1915.4 23
Powered Industrial Trucks
Approval Labels 1910.178(a)(3) 201
Batteries 1910.178(g) 203
Combustible Dusts 1910.178(c)(2)(vi)(a) 202 1910.178(c)(2)(vi)(b) 202
Converted 1910.178(d) 203 1910.178(q)(12) 205
Design and Construction 1910.178(a)(2) 201
Designated Locations 1910.178(c) 201
Designations, Trucks 1910.178(b) 201
D 1910.178(b)(1) 201
DS 1910.178(b)(2) 201
DY 1910.178(b)(3) 201
E 1910.178(b)(4) 201
EE 1910.178(b)(6) 201
ES 1910.178(b)(5) 201
EX 1910.178(b)(7) 201
G 1910.178(b)(8) 201
GS 1910.178(b)(9) 201
LP 1910.178(b)(10) 201
LPS 1910.178(b)(11) 201
Front-End Attachments 1910.178(a)(5) 201
Fuel Hauling 1910.178(f) 203
Gases and Fumes 1910.178(i) 203
Grain Handling 1910.178(c)(2)(vi)(b) 202
Hazardous Materials 1910.178(c)(2) 201
Lighting 1910.178(h) 203
Loading 1910.178(o) 205
Maintenance 1910.178(q) 205 Markings 1910.178(a)(6) 201
Modifications 1910.178(a)(4) 201
Operations 1910.178(m) 204 1910.178(p) 205
Peirs and Wharves 1910.178(c)(2)(x) 203
Railroad Cars 1910.178(k) 203 Repairs 1910.178(q) 205
Safety Guards 1910.178(e) 203
Training Operators 1910.178(l) 203 Traveling 1910.178(n) 204
Truck Operations 1910.178(m) 204 1910.178(p) 205
Proximity firefighting 1915.509 67
Public vessel 1918.2 145
RRadiation
Hazard Communication 1910.1200(b)(6)(xi) 218
Ramps 1917.2 117
Recording and Reporting Occupational Injuries and Illnesses
2001 Data, Summary and Posting 1904.43 21 Annual Summary 1904.32 16 Change in Business Ownership 1904.34 17 Definitions 1904.46 21 Discrimination Prohibited 1904.36 17 Employee Involvement 1904.35 17 Employers With 10 or Fewer Employees 1904.1 9 Establishments with Partial Exemption 1904.2 9 Forms 2001 Data 1904.43 21 300, 300A and 301 1904.29 15 Annual Summary 1904.32 16 Covered Employees 1904.31 16 Multiple Business Establishments 1904.30 16 Old Forms, Retention and Updating 1904.44 21 Retention and Updating 1904.33 16
New Cases, Determination of 1904.6 11
OMB Control Numbers 1904.45 21
Recording Criteria
General 1904.4 10 1904.7 12
Medical Removal Under OSHA Standards 1904.9 14
Needlestick and Sharps Injuries 1904.8 14
Occupational Hearing Loss 1904.10 14
Tuberculosis 1904.11 15
Recording and Reporting Occupational Injuries and Illnesses (continued)
Recordkeeping
Covered Employees 1904.31 16
Employers With 10 or Fewer Employees 1904.1 9
Establishments with Partial Exemption 1904.2 9
More than One Agency 1904.3 9
Multiple Business Establishments 1904.30 16
Rule Variances 1904.38 17
State Requirements 1904.37 17
Reporting
Bureau of Labor Statistics, Requests for Data 1904.42 20
Fatalities, Hospitalizations, Amputations and Eye Loss 1904.39 18
Government Representatives, Providing Records to 1904.40 19
Work-Relatedness, Determination of 1904.5 10
Recordkeeping
Diving 1910.440 211
Illness and Injuries
State Requirements 1904.37 17
Medical Records Access 1910.1020 212
Respirators 1910.134(m) 192
Rule Variances 1904.38 17
Refueling
Trucks 1910.178(p)(2) 205
Refueling, Trucks 1910.178(p)(2) 205
Rescue 1915.12(e) 28
Respirable crystalline silica 1915.1053 116
Respirators 1910.134 186
Air Supply 1910.134(d) 188
Cleaning 1910.134(c)(1)(v) 187 1910.134(h)(1) 190
Color Codes 1910.134(j) 191
Employer Provided 1910.134(a)(2) 186
Identification 1910.134(j) 191
Inspection 1910.134(f) 189 1910.134(h)(3) 191
Labeling 1910.134(j) 191
Maintenance 1910.134(f) 189 1910.134(h) 190
Medical Evaluation 1910.134(e) 189
Minimum Acceptable Program 1910.134(c) 187
Repairs 1910.134(h)(4) 191
Selection 1910.134(d) 188
Storage 1910.134(h)(2) 190
Training 1910.134(k) 191
Use 1910.134(g) 190 1910.134(i) 191
Respiratory Protection (see also Respirators) 1910.134 186
Air Quality 1910.134(c) 187 1910.134(d) 188 1910.134(i) 191
Air Supply 1910.134(d) 188
Definitions 1910.134(b) 186
Fit Testing 1910.134(f) 189 1910.134(m)(2) 192
Gas Mask Canister Identification 1910.134(j) 191
Minimum Acceptable Program 1910.134(c) 187
Permissible Practices 1910.134(a) 186
Respirators 1910.134(b) 186 1910.134(c) 187 1910.134(e) 189
Use 1910.134(g) 190 1910.134(i) 191
Restraint (tether) line 1915.151(b) 55
River tow boat 1915.4 23
River towboat 1918.2 145
Rope grab 1915.151(b) 55
Ro-Ro operations 1918.2 145
SSafety Data Sheets 1910.1200(g) 220
Scientific Diving 1910.401(a)(2)(iv) 207
SCUBA 1910.424 210
Ship repair 1915.4 23
Ship Repairing, Shipbuilding, and Shipbreaking
Abrasive Wheels 1915.134 54
Air Contaminants 1915.1000 69
Asbestos 1915.1001 77
Compliance Methods 1915.1001(g) 79
Definitions 1915.1001(b) 77
Exposure Assessments and Monitoring 1915.1001(f) 78
Hazard Communication 1915.1001(k) 84
Housekeeping 1915.1001(l) 87
Hygiene Facilities and Practices for Employees 1915.1001(j) 84
Medical Surveillance 1915.1001(m) 87
Multi-employer Worksites 1915.1001(d) 78
Permissible Exposure Limits 1915.1001(c) 78
Protective Clothing 1915.1001(i) 84
Recordkeeping 1915.1001(n) 88
Regulated Areas 1915.1001(e) 78
Respiratory Protection 1915.1001(h) 83
Cargo Spaces, Access to 1915.76(a) 39
Chain Falls 1915.114 51
Ship Repairing, Shipbuilding, and Shipbreaking (continued)
Chromium 1915.1026 113
Commercial Diving Operations 1915.6 25
Competent Person 1915.7 25
Confined and Enclosed Spaces Access to 1915.76(b) 39
Cleaning or Cold Work 1915.13 28
Cutting 1915.51(c) 33
Definitions 1915.11(b) 26
Heating 1915.51(c) 33
Hot Work 1915.14 28
Maintenance of Safe Conditions 1915.15 29
Order of Testing Before Entering 1915.12 27
Precautions Before Entering Oxygen content 1915.12(a) 27 1915.12 27
Warning Signs and Labels 1915.16 29
Welding 1915.51(c) 33
Confined Spaces, Access to 1915.76(b) 39
Cutting (see also Welding, Cutting, and Heating, this heading) 1915.51 32 1915.53 33 1915.54 34 1915.55 34 1915.56 35 1915.57 35
Deck Openings and Edges, Guarding 1915.73 38
Definitions 1915.4 23 1915.509 67
Drums and Containers 1915.173 63
Dry Docks, Access to and Guarding of 1915.75 39
Electrical Circuits and Distribution Boards 1915.181 63
Fire response 1915.505 64
Fire safety plan 1915.502 63
Fire watches 1915.504 64
Fixed extinguishing systems, Hazards of 1915.506 66
Gear, Use of 1915.116 51
General provisions 1915.501 63
Heating (see also Welding, Cutting, and Heating, this heading) 1915.51 32 1915.53 33 1915.54 34 1915.55 34 1915.56 35 1915.57 35
Hoisting and Hauling equipment 1915.115 51
Incorporation by reference 1915.5 23
Internal Combustion Engines 1915.136 54
Ladders 1915.72 38
Land-side fire protection systems 1915.507 66
Machinery
Boilers 1915.162 62
Deck Machinery 1915.165 62
Piping Systems 1915.163 62
Propulsion Machinery 1915.164 62
Materials Handling (see also Rigging and Materials Handling, this heading) 29 CFR 1915.118 52 1915.111 50 1915.112 50 1915.113 51 1915.114 51 1915.115 51 1915.116 51 1915.117 52 1915.120 53
Operators' Qualifications 1915.117 52
Personal Protective Equipment 1915.152 55
Definitions 1915.151(b) 55
Eye and Face Protection 1915.153 56
Foot Protection 1915.156 57
Hand and Body Protection 1915.157 57
Head Protection 1915.155 57
Lifesaving Equipment 1915.158 57
Personal Fall Arrest Systems 1915.159 57
Positioning Device Systems 1915.160 58
Respiratory Protection 1915.154 57
Portable Air Receivers 1915.172 63
Precautions for hot work 1915.503 64
Pressure Vessels, Unfired 1915.172 63
Pull-lifts 1915.114 51
Purpose and authority 1915.1 23
Responsibility 1915.3 23
Rigging and Materials Handling Chains 1915.112 50
Hooks 1915.113(b) 51
Inspection 1915.111 50
Ropes 1915.112 50
Slings 1915.112 50
Scaffolds 1915.71 35
Scope and application 1915.2 23
Shackles and hooks 1915.113 51
Staging 1915.71 35
Surface Preparation and Preservation
Chemical Paint and Preservative Removers 1915.33 31
Flammable Liquids 1915.36 32
Mechanical Paint Removers 1915.34 31
Painting
Chemical Paint and Preservative Removers 1915.33 31
Mechanical Paint Removers 1915.34 31 1915.35 32
Toxic Cleaning Solvents 1915.32 31
Tools 1915.131 53
Hand Tools 1915.133 54
Ship Repairing, Shipbuilding, and Shipbreaking (continued)
Ship Repairing, Shipbuilding, and Shipbreaking (continued)
Tools (continued
Portable Electric Tools 1915.132 53
Powder Actuated Fastening Tools 1915.135 54
Training 1915.508 67
Unfired Pressure Vessels 1915.172 63
Vessels, Access to 1915.74 38
Welding, Cutting, and Heating
Arc Welding and Cutting 1915.56 35
Fissionable Material in Ship Repairing and Shipbuilding 1915.57 35
Gas Welding and Cutting 1915.55 34
Hollow Metal Containers and Structures 1915.54 34
Preservative Coatings 1915.53 33
Ventilation 1915.51 32
Working Surfaces 1915.77 39
Shipbreaking 1915.4 23
Shipbuilding 1915.4 23
Shipyard firefighting 1915.509 67
Signs and Tags
Respirators 1910.134(j) 191
Silica (see also Respirable crystalline silica) 1915.1053 116
Small hose system 1915.509 67
Small trimming hatch 1918.2 145
Standpipe 1915.509 67
Storage
Batteries 1910.178(g) 203
Respirators 1910.134(h)(2) 190
Storage (see also Materials Storage)
Batteries 1910.178(g) 203
Respirators 1910.134(h)(2) 190
Strongback 1918.2 145
Surfacing ACM 1915.1001 77
TTesting Laboratory
Requirements 1910.7 183
Thermal system insulation (TSI) 1915.1001 77
Thermal system insulation ACM 1915.1001 77
Tractors (see also Powered Industrial Trucks) 1910.178 200
Training Compliance Duties 1910.9 186
Respirators 1910.134(k) 191
Truck Operators 1910.178(l) 203
Trucks 1910.178(k) 203 1910.178(m) 204
Converted Industrial 1910.178(d) 203 Highway 1910.178(k) 203 1910.178(m) 204
Powered Industrial 1910.178 200
Tuberculosis 1904.11 15
UUpper explosive limit 1915.11 26
VVariances 1920.2 181
Vessel 1915.4 23
Vessel section 1915.11 26
WWilliams-Steiger Occupational Safety and Health Act of 1970 1903.1 1
Posting Requirements 1903.2(a)(1) 1