MANCOMM Sample Regulation

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TOC Table of Contents

Table of Contents

1903 - Inspections, Citations, and Proposed Penalties ยง1903.1 ยง1903.2 ยง1903.3 ยง1903.4 ยง1903.5 ยง1903.6 ยง1903.7 ยง1903.8 ยง1903.9 ยง1903.10 ยง1903.11 ยง1903.12 ยง1903.13 ยง1903.14 ยง1903.14a ยง1903.15 ยง1903.16 ยง1903.17 ยง1903.18 ยง1903.19 ยง1903.20 ยง1903.21 ยง1903.22

Purpose and scope Posting of notice; availability of the Act, regulations and applicable standards Authority for inspection Objection to inspection Entry not a waiver Advance notice of inspections Conduct of inspections Representatives of employers and employees Trade secrets Consultation with employees Complaints by employees Inspection not warranted; informal review Imminent danger Citations; notices of de minimis violations; policy regarding employee rescue activities Petitions for modification of abatement date Proposed penalties Posting of citations Employer and employee contests before the Review Commission Failure to correct a violation for which a citation has been issued Abatement verification Informal conferences State administration Definitions

1904 - Recording and Reporting Occupational Injuries and Illnesses 1 1 1 1 2 2 2 2 2 3 3 3 3

Subpart A - Purpose

9

ยง1904.0

Subpart B - Scope

9

ยง1904.1- Appendix A to Subpart B

Subpart C - Recordkeeping Forms and Recording Criteria

10

ยง1904.4-1904.29

Subpart D - Other OSHA Injury and Illness Recordkeeping Requirements

15

ยงยง1904.30-1904.38

Subpart E - Reporting Fatality, Injury, and Illness Information to the Government

17

3

ยงยง1904.39-1904.42

4 4 4

Subpart F - Transition from the Former Rule 18

4 5 5 7 7 7

ยง1904.43-1904.45

Subpart G - Definitions

18

ยง1904.46

Selected 1910 General Industry Standards ยง1910.12 ยง1910.19 ยง1910.132 ยง1910.134 ยง1910.136 ยง1910.146

Construction work Special provisions for air contaminants General requirements โ personal protective equipment Respiratory protection Foot protection Permit-required confined spaces

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19 19 19 20 33 33

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§1910.147

The control of hazardous energy (lockout/tagout) §1910.178 Powered industrial trucks §1910.332 Training — electrical §1910.333 Selection and use of work practices — electrical §1910.401 Scope and application — diving §1910.402 Definitions — diving §1910.410 Qualifications of dive team §1910.420 Safe practices manual — diving §1910.421 Pre-dive procedures §1910.422 Procedures during dive §1910.423 Post-dive procedures §1910.424 SCUBA diving §1910.425 Surface-supplied air diving §1910.426 Mixed-gas diving §1910.427 Liveboating §1910.430 Equipment — diving §1910.440 Recordkeeping requirements — diving §1910 Subpart T Appendix A Appendix B Appendix C

§1910.1002 §1910.1003 §1910.1018 §1910.1020 §1910.1028 §1910.1030 §1910.1048 §1910.1052 §1910.1096 §1910.1200 §1910.1201

Examples of conditions which may restrict or limit exposure to hyperbaric conditions Guidelines for Scientific Diving Alternative conditions under §1910.401(a)(3) for recreational diving instructors and diving guides (mandatory) Coal tar pitch volatiles; interpretation of term 13 Carcinogens (4-Nitrobiphenyl, etc.)

Inorganic arsenic Access to Employee Exposure and Medical Records Benzene Bloodborne pathogens Formaldehyde Methylene Chloride Ionizing radiation Hazard communication Retention of DOT markings, placards and labels

43 47 53 53 55 55 56 56 56 57 57 57 58 58 58 58 59

59 60

60 62 62 65 70 74 84 90 102 113 116 127

Subpart A - General §1926.1 §1926.2

Purpose and scope Variances from safety and health standards Inspections — right of entry Rules of practice for administrative adjudications for enforcement of safety and health standards OMB control numbers under the Paperwork Reduction Act

§1926.3 §1926.4 §1926.5

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129 129 129 129 129

Subpart B - General Interpretations §1926.10 §1926.11 §1926.12 §1926.13 §1926.14 §1926.15 §1926.16

Scope of subpart Coverage under section 103 of the act distinguished Reorganization Plan No. 14 of 1950 Interpretation of statutory terms Federal contract for "mixed" types of performance Relationship to the Service Contract Act; Walsh-Healey Public Contracts Act Rules of construction

131 131 131 134 134 134 135

Subpart C - General Safety and Health Provisions §1926.20 §1926.21 §1926.22 §1926.23 §1926.24 §1926.25 §1926.26 §1926.27 §1926.28 §1926.29 §1926.30 §1926.31 §1926.32 §1926.33 §1926.34 §1926.35

General safety and health provisions Safety training and education Recording and reporting of injuries First aid and medical attention Fire protection and prevention Housekeeping Illumination Sanitation Personal protective equipment Acceptable certifications Shipbuilding and ship repairing Incorporation by reference Definitions Access to employee exposure and medical records Means of egress Employee emergency action plans

137 137 137 137 137 137 137 137 137 137 138 138 138 138 138 138

Subpart D - Occupational Health and Environmental Controls §1926.50 §1926.51 §1926.52 §1926.53 §1926.54 §1926.55 §1926.56 §1926.57 §1926.58 §1926.59 §1926.60 §1926.61 §1926.62 §1926.64

Medical services and first aid Sanitation Occupational noise exposure Ionizing radiation Nonionizing radiation Gases, vapors, fumes, dusts, and mists Illumination Ventilation [Reserved] Hazard communication Methylenedianiline Retention of DOT markings, placards, and labels Lead Process safety management of highly hazardous chemicals

141 141 142 142 142 142 148 148 159 159 159 165 165 181

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§1926.65

§1926.96 §1926.97 1926.98 §1926.100 §1926.101 §1926.102 §1926.103 §1926.104 §1926.105 §1926.106 §1926.107

Criteria for personal protective equipment Occupational foot protection [Reserved] Head protection Hearing protection Eye and face protection Respiratory protection Safety belts, lifelines, and lanyards Safety nets Working over or near water Definitions applicable to this subpart

217 217 217 217 217 217 218 218 219 219 219

Subpart F - Fire Protection and Prevention §1926.150 §1926.151 §1926.152 §1926.153 §1926.154 §1926.155

Fire protection Fire prevention Flammable and combustible liquids Liquefied petroleum gas (LP-Gas) Temporary heating devices Definitions applicable to this subpart

Accident prevention signs and tags Signaling Barricades Definitions applicable to this subpart

221 222 222 230 231 231

233 233 234 234

Subpart H - Materials Handling, Storage, Use, and Disposal §1926.250 §1926.251 §1926.252

General requirements for storage Rigging equipment for material handling Disposal of waste materials

235 235 244

General requirements Hand tools Power-operated hand tools Abrasive wheels and tools Woodworking tools Jacks — lever and ratchet, screw, and hydraulic

§1926.354

248 248

245 246 246 247 247 248

Gas welding and cutting Arc welding and cutting Fire prevention Ventilation and protection in welding, cutting, and heating Welding, cutting, and heating in way of preservative coatings

251 252 252 253 253

Subpart K - Electrical §1926.400 §1926.401 §1926.402 §1926.403 §1926.404 §1926.405

§1926.407 §1926.408 §§1926.409 1926.415 §1926.416 §1926.417 §§1926.418 1926.430 §1926.431 §1926.432 §§1926.433 1926.440 §1926.441 §§1926.442 1926.448 §1926.449

Introduction [Reserved] Applicability General requirements Wiring design and protection Wiring methods, components, and equipment for general use Specific purpose equipment and installations Hazardous (classified) locations Special systems

255 255 255 255 256

262 262 263

[Reserved] General requirements Lockout and tagging of circuits

264 264 264

[Reserved] Maintenance of equipment Environmental deterioration of equipment

264 264 264

[Reserved] Batteries and battery charging

265 265

[Reserved] Definitions applicable to this subpart

265 265

259

Subpart L - Scaffolds §1926.450 §1926.451 §1926.452

Subpart I - Tools — Hand and Power §1926.300 §1926.301 §1926.302 §1926.303 §1926.304 §1926.305

§1926.350 §1926.351 §1926.352 §1926.353

§1926.406

Subpart G - Signs, Signals, and Barricades §1926.200 §1926.201 §1926.202 §1926.203

Air receivers Mechanical power-transmission apparatus

Subpart J - Welding and Cutting

Subpart E - Personal Protective and Life Saving Equipment §1926.95

§1926.306 §1926.307

§1926.453 §1926.454 1926 Subpart L Appendix A

Scope, application and definitions applicable to this subpart General requirements Additional requirements applicable to specific types of scaffolds Aerial lifts Training requirements

275 277 278

Scaffold Specifications (non-mandatory)

278

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269 270

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§1926.66

Hazardous waste operations and emergency response 192 Criteria for design and construction of spray booths 213

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Appendix B

Appendix C Appendix D Appendix E

Criteria for determining the feasibility of providing safe access and fall protection for scaffold erectors and dismantlers (non-mandatory) List of national consensus standards (non-mandatory) List of training topics for scaffold erectors and dismantlers (non-mandatory) Drawings and illustrations (non-mandatory)

Subpart P - Excavations §1926.650 282 282 282 282

§1926.501 §1926.502 §1926.503 1926 Subpart M Appendix A Appendix B Appendix C Appendix D Appendix E

Scope, application, and definitions applicable to this subpart Duty to have fall protection Fall protection systems criteria and practices Training requirements Determining Roof Widths — non-mandatory guidelines for complying with §1926.501(b)(10) Guardrail systems — non-mandatory guidelines for complying with §1926.502(b) Personal fall arrest systems — non-mandatory guidelines for complying with §1926.502(d) Positioning device systems — non-mandatory guidelines for complying with §1926.502(e) Sample fall protection plan — non-mandatory guidelines for complying with §1926.502(k)

Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F

Subpart M - Fall Protection §1926.500

§1926.651 §1926.652 1926 Subpart P

285 286 287 290

Scope, application, and definitions applicable to this subpart Specific excavation requirements Requirements for protective systems Soil Classification Sloping and Benching Timber shoring for trenches Aluminum Hydraulic Shoring for Trenches Alternatives to timber shoring Selection of protective systems

313 313 314 316 317 319 323 326 326

Subpart Q - Concrete and Masonry Construction §1926.700 §1926.701 §1926.702

291

§1926.703

292

§1926.704 §1926.705

292

§1926.706

Scope, application, and definitions applicable to this subpart General requirements Requirements for equipment and tools Requirements for cast-in-place concrete Requirements for precast concrete Requirements for lift-slab construction operations Requirements for masonry construction

329 329 329 329 330 330 331

1926 Subpart Q 295

Appendix A

References to Subpart Q of Part 1926

331

295

Subpart R - Steel Erection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors §1926.550 §1926.551 §1926.552 §1926.553 §1926.554 §1926.555

Cranes and derricks Helicopters Material hoists, personnel hoists, and elevators Base-mounted drum hoists Overhead hoists Conveyors

303 306 307 308 308 308

Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations §1926.600 §1926.601 §1926.602 §1926.603 §1926.604 §1926.605 §1926.606

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Equipment Motor vehicles Material handling equipment Pile driving equipment Site clearing Marine operations and equipment Definitions applicable to this subpart

309 309 309 310 311 311 311

§1926.750 §1926.751 §1926.752

Scope Definitions Site layout, site-specific erection plan and construction sequence §1926.753 Hoisting and rigging §1926.754 Structural steel assembly §1926.755 Column anchorage §1926.756 Beams and columns §1926.757 Open web steel joists §1926.758 Systems-engineered metal buildings §1926.759 Falling object protection §1926.760 Fall protection §1926.761 Training §1926 Subpart R Appendix A

Appendix B

Guidelines for establishing the components of a site-specific erection plan: non-mandatory guidelines for complying with §1926.752(e) [Reserved]

333 333 334 334 335 336 336 336 337 338 338 338

339 339

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)(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 §1952.10 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 8 ½ 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. [§1903.2(b)] (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 section 17 of the Act. [§1903.2(d)] [36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974]

§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)]

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1903 Inspections, Citations, and Proposed Penalties

1903 - Inspections, Citations, and Proposed Penalties

§1903.4 (b)

§1903.5

1903 - Inspections, Citations, and Proposed Penalties

(2) When an inspection is scheduled far from the local office and procuring a warrant prior to leaving to conduct the inspection would avoid, in case of refusal of entry, the expenditure of significant time and resources to return to the office, obtain a warrant and return to the worksite; [§1903.4(b)(2)] (3) When an inspection includes the use of special equipment or when the presence of an expert or experts is needed in order to properly conduct the inspection, and procuring a warrant prior to an attempt to inspect would alleviate the difficulties or costs encountered in coordinating the availability of such equipment or expert. [§1903.4(b)(3)] (c) With the approval of the Regional Administrator and the Regional Solicitor, compulsory process may also be obtained by the Area Director or his designee. [§1903.4(c)] (d) For purposes of this section, the term compulsory process shall mean the institution of any appropriate action, including ex parte application for an inspection warrant or its equivalent. Ex parte inspection warrants shall be the preferred form of compulsory process in all circumstances where compulsory process is relied upon to seek entry to a workplace under this section. [§1903.4(d)] [45 FR 65923, Oct. 3, 1980]

§1903.5 Entry not a waiver.

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

§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 under section 17(c) of the Act. 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)]

132

§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)]

Imminent danger.

§1903.9 Trade secrets. (a) Section 15 of the Act provides: “All information reported to or otherwise obtained by the Secretary or his representative in connection with any inspection or proceeding under this Act which contains or which might reveal a trade secret referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. In any such proceeding the Secretary, the Commission, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.” Section 15 of the Act is considered a statute within the meaning of section 552(b)(3) of title 5 of the United States Code, which exempts from the disclosure requirements matters that are “specifically exempted from disclosure by statute.” [§1903.9(a)] (b) Section 1905 of title 18 of the United States Code provides: “Whoever, being an officer or employee of the United States or of any department or agency thereof, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined not more than $1,000, or imprisoned not more than 1 year, or both; and shall be removed from office or employment.” [§1903.9(b)] (c) At the commencement of an inspection, the employer may identify areas in the establishment which contain or which might reveal a trade secret. If the Compliance Safety and Health Officer has no clear reason to question such identification, information obtained in such areas, including all negatives and prints of photographs, and environmental samples, shall be labeled “confidential — trade secret” and shall not be disclosed except in accordance with the provisions of section 15 of the Act. [§1903.9(c)] (d) Upon the request of an employer, any authorized representative of employees under §1903.8 in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no such representative or employee, the Compliance Safety and Health Officer shall consult with a reasonable number of employees who work in that area concerning matters of safety and health. [§1903.9(d)]

§1903.10 Consultation with employees.

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

§1903.11 Complaints by employees. (a) Any employee or representative of employees who believe that a violation of the Act exists in any workplace where such employee is employed may request an inspection of such workplace by giving notice of the alleged violation to the Area Director or to a Compliance Safety and Health Officer. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the

grounds for the notice, and shall be signed by the employee or representative of employees. A copy shall be provided the employer or his agent by the Area Director or Compliance Safety and Health Officer no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available by the Department of Labor. [§1903.11(a)] (b) If upon receipt of such notification the Area Director determines that the complaint meets the requirements set forth in paragraph (a) of this section, and that there are reasonable grounds to believe that the alleged violation exists, he shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists. Inspections under this section shall not be limited to matters referred to in the complaint. [§1903.11(b)] (c) Prior to or during any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the Compliance Safety and Health Officer, in writing, of any violation of the Act which they have reason to believe exists in such workplace. Any such notice shall comply with the requirements of paragraph (a) of this section. [§1903.11(c)] (d) Section 11(c)(1) of the Act provides: “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.” [§1903.11(d)] (Approved by the Office of Management and Budget under control number 1218-0064) [§1903.11(d)] [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.

133

1903 Inspections, Citations, and Proposed Penalties

(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)]

§1903.13 (b)

§1903.14

1903 - Inspections, Citations, and Proposed Penalties

§1903.14 Citations; notices of de minimis violations; policy regarding employee rescue activities. (a) The Area Director shall review the inspection report of the Compliance Safety and Health Officer. If, on the basis of the report the Area Director believes that the employer has violated a requirement of section 5 of the Act, of any standard, rule or order promulgated pursuant to section 6 of the Act, or of any substantive rule published in this chapter, he shall, if appropriate, consult with the Regional Solicitor, and he shall issue to the employer either a citation or a notice of de minimis violations which have no direct or immediate relationship to safety or health. An appropriate citation or notice of de minimis violations shall be issued even though after being informed of an alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Any citation or notice of de minimis violations shall be issued with reasonable promptness after termination of the inspection. No citation may be issued under this section after the expiration of 6 months following the occurrence of any alleged violation. [§1903.14(a)] (b) Any citation shall describe with particularity the nature of the alleged violation, including a reference to the provision(s) of the Act, standard, rule, regulation, or order alleged to have been violated. Any citation shall also fix a reasonable time or times for the abatement of the alleged violation. [§1903.14(b)] (c) If a citation or notice of de minimis violations is issued for a violation alleged in a request for inspection under §1903.11(a) or a notification of violation under §1903.11(c), a copy of the citation or notice of de minimis violations shall also be sent to the employee or representative of employees who made such request or notification. [§1903.14(c)] (d) After an inspection, if the Area Director determines that a citation is not warranted with respect to a danger or violation alleged to exist in a request for inspection under §1903.11(a) or a notification of violation under §1903.11(c), the informal review procedures prescribed in §1903.12(a) shall be applicable. After considering all views presented, the Assistant Regional Director shall affirm the determination of the Area Director, order a reinspection, or issue a citation if he believes that the inspection disclosed a violation. The Assistant 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)]

134

(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 laterfiled petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay. [§1903.14a(c)] (1) A copy of such petition shall be posted in a conspicuous place where all affected employees will have notice thereof or near such location where the violation occurred. The petition shall remain posted for a period of ten (10) working days. Where affected employees are represented by an authorized representative, said representative shall be served with a copy of such petition. [§1903.14a(c)(1)] (2) Affected employees or their representatives may file an objection in writing to such petition with the aforesaid Area Director.

Failure to file such objection within ten (10) working days of the date of posting of such petition or of service upon an authorized representative shall constitute a waiver of any further right to object to said petition. [§1903.14a(c)(2)] (3) The Secretary or his duly authorized agent shall have the authority to approve any petition for modification of abatement date filed pursuant to paragraphs (b) and (c) of this section.

Such uncontested petitions shall become final orders pursuant to sections 10 (a) and (c) of the Act. [§1903.14a(c)(3)] (4) The Secretary or his authorized representative shall not exercise his approval power until the expiration of fifteen (15) working days from the date the petition was posted or served pursuant to paragraphs (c) (1) and (2) of this section by the employer. [§1903.14a(c)(4)] (d) Where any petition is objected to by the Secretary or affected employees, the petition, citation, and any objections shall be forwarded to the Commission within three (3) working days after the expiration of the fifteen (15) day period set out in paragraph (c)(4) of this section. [§1903.14a(d)] [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 under section 17 of the Act, or that no penalty is being proposed. Any notice of proposed penalty shall state that

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Boatswains’ Chair Scaffolds

Index B

Abrasive Wheels and Tools 1926.303 247 Accident Prevention Responsibilities 1926.20(b) 137 Administrative Adjudications 1926.4 129 Aerial Lifts 1926.453, .952(b), .955(e)(12) 277, 370, 373 Boom Platforms 1926.453(b)(2) 278 Bursting Safety Factor 1926.453(b)(4) 278 Electrical Selection and Use of Work Practices 1910.333(c)(3)(i) Electrical Tests 1926.453(b)(3) 278 Field Modifications 1926.453(a)(2) 278 Ladder Trucks 1926.453(b)(1) 278 Tower Trucks 1926.453(b)(1) 278 Welding Standards 1926.453(b)(5) 278 Air Quality Breathing 1910.134(i) 24 Underground Construction 1926.800(h), (j) 345, 346 Airborne Contaminant Mists 1926.55 142 Airborne Radioactive Materials, Exposure 1910.1096(c) 113 Alarms Audible 1926.602(a)(9) 310 Fire 1926.150(e) 222 Alternatives to Timber Shoring 1926 Subpart P App E 326 Angle of Repose, Pile Driving 1926.603(c)(3) 311 Arc Welding and Cutting 1926.351 252 Arsenic, Inorganic 1910.1018 65 Compliance Methods 1910.1018(g) 65 Definitions 1910.1018(b) 65 Exposure Monitoring 1910.1018(e) 65 Housekeeping 1910.1018(k) 66 Hygiene 1910.1018(m) 66 Medical Surveillance 1910.1018(n), .1018 App C 66, 69 Observation 1910.1018(r) 68 Permissible Exposure Limit 1910.1018(c) 65 Protective Clothing and Equipment 1910.1018(j) 66 Recordkeeping 1910.1018(q) 67 Regulated Area 1910.1018(f) 65 Respiratory Protection 1910.1018(h) 66 Signs and Labels 1910.1018(p) 67 Substance Information Sheet 1910.1018 App A 68 Substance Technical Guidelines 1910.1018 App B 69 Training 1910.1018(o) 67 Asbestos 1926.1101 393 Airborne Concentration 1926.1101(c) 394 Airborne or Dust Exposure 1926.55(c) 142 Competent Person 1926.1101(o) 403 Compliance 394 Contractors 1926.1101(d)(5) Methods 1926.1101(g) 395 Definitions 1926.1101(b) 393 Exposure 394 Assessments and Monitoring 1926.1101(f) Permissible Limits 1926.1101(c) 394 Hazard Communication 1926.1101(k) 399 Hazard Determination 1926.1101(k)(5)(i) 400 Housekeeping 1926.1101(l) 401 Hygiene Facilities and Practices 1926.1101(j) 399 Information and Training 1926.1101(k)(9) 401 Labels and Warnings 1926.1101(k)(9)(viii)(J) 401 Medical Questionnaires 1926.1101 App D 409 Medical Surveillance 1926.1101(m) 401 Multi-Employer Worksites 1926.1101(d) 394 Personal Protective Clothing 1926.1101(i) 399 Recordkeeping 1926.1101(n) 402 Regulated Areas 1926.1101(e) 394 Respiratory Protection 1926.1101(h) 398 Sampling and Analysis 1926.1101 App A, .1101 App B 403, Audible Warning 1926.601(b)(3) 309 Authorized Person (Definition) 1926.32(d) 138 Automatic Circuit Recloser (Definition) 1926.960(b) 374

Barges Access 1926.605(b) 311 First-Aid and Lifesaving Equipment 1926.605(d) 311 Mobile Cranes 1926.550(f)(1) 304 Pile Driving 1926.603(b) 310 Working Surfaces 1926.605(c) 311 Barricades 1926.202 234 Cranes 1926.550(a)(9) 303 Definition 1926.203(a), .960(d) 234, 374 Motor Vehicle Equipment 1926.600(a)(1) 309 Battery Changing and Charging 1910.178(g), 1926.441 49, 265 Belts, Safety 1926.104 218 Definition 1926.107(f) 219 Materials Storage 1926.250(b)(2) 235 Pile Driving 1926.603(a)(8) 310 Benzene 1910.1028 74 Communication of Benzene Hazards to Employees 1910.1028(j) 77 Definitions 1910.1028(b) 74 Exposure Monitoring and Measurement 1910.1028(e) 75 Medical Surveillance 1910.1028(i), .1028 App C 76, 79 Methods of Compliance 1910.1028(f) 75 Observation of Monitoring 1910.1028(l) 78 Permissible Exposure Limits 1910.1028(c) 75 Protective Clothing and Equipment 1910.1028(h) 76 Recordkeeping 1910.1028(k) 78 Regulated Areas 1910.1028(d) 75 Respiratory Protection 1910.1028(g) 76 Sampling and Analysis 1910.1028 App D 81 Substance Safety Data Sheet 1910.1028 App A 78 Substance Technical Guidelines 1910.1028 App B 79 Benzidine (see also Carcinogens) 1910.1003 62 Biological Hazard Signs and Tags 1910.1030(g) 88 Blasting (see also Explosives) 1926.900 363 Blaster Qualifications 1926.901 364 Definitions 1926.914 367 Detonating Cords 1926.908 366 Electric 1926.906 365 Excavation Work 1926.913 367 Firing 1926.909 366 General Provisions 1926.900 363 Loading 1926.905 365 Misfires 1926.911 366 Safety Fuses 1926.907 366 Storage 1926.904 365 Surface Transportation of Explosives 1926.902 364 Underground Construction 1926.800(p) 348 Underground Transportation of Explosives 1926.903 364 Underwater 1926.912 366 Blocking Jacks 1926.305(c) 248 Motor Vehicles 1926.600(a)(3)(i) 309 Pile Driving Equipment 1926.603(a) 310 Bloodborne Pathogens 1910.1030 84 Compliance Methods 1910.1030(d) 85 Definitions 1910.1030(b) 84 Engineering and Work-Practice Controls 1910.1030(d)(2) 85 Exposure Control 1910.1030(c) 84 Hazard Communication 1910.1030(g) 88 Housekeeping 1910.1030(d)(4) 86 Laboratories and Production Facilities, HIV and HBV Research 1910.1030(e) 87 Personal Protective Equipment 1910.1030(c)(2)(ii), (d)(2)(i), (d)(3) 85 Recordkeeping 1910.1030(f)(6), (h) 88, 89 Sharps Injury Log 1910.1030(h)(5), Addendum 89, 443 Training 1910.1030(e)(5), (g)(2) 87, 89 Vaccinations, HBV 1910.1030(f) 87 Warning Labels and Signs 1910.1030(g)(1) 88 Boatswains’ Chair Scaffolds 1926.452(o)(3) 276

Section #, Page #

54

404

INDEX

IX Subject Index

A

461

1926.book Page 462 Thursday, July 10, 2008 6:58 AM

Body Belts, Safety Straps, and Lanyards Body Belts, Safety Straps, and Lanyards 1926.959 374 Buckles 1926.959(a)(2) 374 Climbing Equipment 1926.951(b) 370 Cushion Parts 1926.959(b)(2) 374 D Rings 1926.959(a)(3) 374 Liners 1926.959(b)(4) 374 Hardware 1926.959(a)(1) 374 Snaphooks 1926.959(a)(4) 374 Keepers 1926.959(b)(6) 374 Stitching 1926.959(b)(5) 374 Testing 1926.959(b)(7) 374 Tool Loops 1926.959(b)(3) 374 Boilers 1926.29(b) 138 Pile Driving Equipment 1926.603(a)(1) 310 Boom Platforms 1926.453(b)(2) 278 Brackets, Roofing 1926.452(h) 276 Brakes Earthmoving Equipment 1926.602(a)(4) 309 Equipment 1926.600(a)(3)(ii), .602(a)(4) 309 Motor Vehicles 1926.601(b)(1) 309 Powered Industrial Trucks 1910.178(g)(8), (m)(5), (m)(7) Bricklayers’ Square Scaffolds 1926.452(e) 275 Buildings, Temporary 1926.151(b) 222 Bulkheads, Compressed Air 1926.803(m) 353

49, 50

C Cable Sheath (Definition) 1926.960(h) 375 Cables Definition 1926.960(g) 375 Flexible Electric Cables and Cords 1926.405(a)(2)(ii)(I) 260 Portable Electric Cables 1926.405(h) 261 Trenching Cables 1926.956(c) 373 Welding Cables and Connectors 1926.351(b) 252 Cadmium 1926.1127 424 Airborne Concentration 1926.1127(c) 424 Compliance Methods 1926.1127(f) 425 Definitions 1926.1127(b) 424 Emergency Situations 1926.1127(h) 426 Exposure, Permissible 1926.1127(c) 424 Hazard Communication 1926.1127(m) 430 Housekeeping 1926.1127(k) 426 Hygiene Facilities and Practices 1926.1127(j) 426 Medical Surveillance 1926.1127(l) 426 Monitoring 1926.1127(d) 424 Observation 1926.1127(o) 431 Personal Protective Equipment and Clothing 1926.1127(i) 426 Recordkeeping 1926.1127(n) 431 Regulated Areas 1926.1127(e) 425 Respirator Protection 1926.1127(g) 425 Caissons 1926.801 350 Carbon Tetrachloride 1926.150(c)(1)(vii) 221 Carcinogens 1910.1003 62 Area Requirements 1910.1003(c) 63 Closed System Operations 1910.1003(c)(2) 63 Decontamination Activities 1910.1003(c)(5) 63 Isolated Systems 1910.1003(c)(1) 63 Maintenance Activities 1910.1003(c)(5) 63 Open-Vessel System Operations 1910.1003(c)(3) 63 Transferring Operations 1910.1003(c)(4) 63 Definitions 1910.1003(b) 63 Medical Surveillance 1910.1003(g) 64 Examinations 1910.1003(g)(1) 64 Records 1910.1003(g)(2) 64 Regulated Area Requirements 1910.1003(d) 63 Contamination Control 1910.1003(d)(4) 64 Emergency Situations 1910.1003(d)(2) 63 Hygiene Practices 1910.1003(d)(3) 64 Respirator Program 1910.1003(d)(1) 63 Reports 1910.1003(f) 64 Scope and Application 1910.1003(a) 62 Signs, Information and Training 1910.1003(e) 64 Container Contents and Identification 1910.1003(e)(2) 64 Lettering 1910.1003(e)(3) 64 Prohibited Statements 1910.1003(e)(4) 64 Signs 1910.1003(e)(1) 64 Training and Indoctrination 1910.1003(e)(5) 64 Cardiopulmonary Resuscitation (CPR) 56 Commercial Diving Operations 1910.410(a)(3) Permit-Required Confined Spaces 1910.146(k)(2)(iii) 37 Cargo Hooks 1926.551(d) 306 Carpenters’ Bracket Scaffolds 1926.452(g) 276 Certifications Boilers 1926.29(b) 138 Pressure Vessels 1926.29(a) 137 Chains, Alloy Steel 1926.251(b) 235

462

INDEX

Chemicals Hazard Communication 1910.1200 116 Definitions 1910.1200(c) 117 Employee Information and Training 1910.1200(h) 121 Hazard Determination 1910.1200(d) 119 Labels and Other Forms of Warning 1910.1200(f) 119 Material Safety Data Sheets 1910.1200(g) 120 Trade Secrets 1910.1200(i) 121 Written Program 1910.1200(e) 119 Highly Hazardous, Process Safety Management 1926.64 181 Chemicals, Toxics, and Reactives, Threshold List 1926.64 App A 184 Compliance Audits 1926.64(o) 184 Compliance Guidelines 1926.64 App C 186 Contractors, Employer Responsibilities 1926.64(h) 182 Definitions 1926.64(b) 181 Emergency Planning and Response 1926.64(n) 184 Employee Participation 1926.64(c) 181 Hot Work Permit 1926.64(k) 183 Incident Investigation 1926.64(m) 183 Management of Change 1926.64(l) 183 Mechanical Integrity 1926.64(j) 183 Operating Procedures 1926.64(f) 182 Pre-Startup Safety Review 1926.64(i) 183 Process Hazard Analysis 1926.64(e) 182 Process Safety Information 1926.64(d) 181 Trade Secrets 1926.64(p) 184 Training 1926.64(g) 182 Chimneys, Removal 1926.854 361 Chutes 1926.852 361 Demolition 1926.852 361 Waste Disposal 1926.252(a), (b) 244 Circuits Lockout and Tagging 1926.417 264 Voltage of 1926.960(rr), (ss) 375 Clearing, Clearances Cranes and Derricks 1926.550(a)(15)(iv) 303 Electric Equipment, Workspace Around 1926.403(i)(1)(i), (j)(3) 255, 256 Fire Prevention 1926.151(d) 222 Materials Storage 1926.250(a)(3) 235 Site 1926.604 311 Temporary Heating Devices 1926.154(b) 231 Climbing Equipment 1926.951(b) 370 Body Belts 1926.951(b)(1)-(3), .959 370, 374 Lanyards 1926.951(b)(1), (b)(4), .959 370, 374 Lifelines 1926.951(b)(4)(i) 370 Ropes 1926.951(b)(5) 370 Safety Lines 1926.951(b)(4)(ii) 370 Straps, Safety 1926.951(b)(1)-(3), .959 370, 374 Clothing (see also Personal Protective Equipment) 1926.95 217 Coal Tar Pitch Volatiles, Interpretation of Term 1910.1002 62 Cofferdams 1926.802 350 Combustible Dusts, Trucks Used 1910.178(c)(2)(vi) 49 Competent Person (Definition) 1926.32(f) 138 Compressed Air 1926.803 350 Bulkheads and Safety Screens 1926.803(m) 353 Compression 1926.803(e) 351 Decompression 1926.803(f), (g)(2) 351, 352 Electricity 1926.803(j) 352 Excavations 1926.913 367 Fire Prevention 1926.803(l) 353 Man Locks 1926.803(g)(1) 351 Medical Attendance, Examination, and Regulations 1926.803(b) 350 Power-Operated Hand Tools 1926.302(b)(4) 246 Sanitation 1926.803(k) 353 Signs and Records 1926.803(d) 351 Telephone and Signal Communication 1926.803(c) 351 Ventilation 1926.803(i) 352 Compressor Plants 1926.803(h) 352 Concrete Construction Cast-In-Place 1926.703 329 Formwork, General 1926.703(a) 329 Formwork, Removal 1926.703(e) 330 Reinforcing Steel 1926.701(b), .703(d) 329, 330 Shoring and Reshoring 1926.703(b) 329 Test Requirements -- Compressive Strength 1926.703(e)(1) 330 Vertical Slip Forms 1926.703(c) 330 Definitions 1926.700(b) 329 Equipment and Tools 1926.702 329 General Requirements 1926.701 329 Lift-Slab Operations 1926.705 330 Lockout/Tagout 1926.702(j) 329 Post-Tensioning 1926.701(c) 329 Precast 1926.704 330 Pumping Systems 1926.702(e) 329 Conductors Deenergized 1926.955(c) 372 Wire 1926.954(c) 371

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1926.book Page 463 Thursday, July 10, 2008 6:58 AM

Equipment

E

Confined Spaces Instruction of Employees Relating to 1926.21(b)(6) 137 Permit-Required 1910.146 33 Atmospheric Testing 1910.146 App B 39 Attendant Duties 1910.146(i) 36 Authorized Entrant Duties 1910.146(h) 36 Definitions 1910.146(b) 33 Entry Permit 1910.146(f) 36 Supervisor Duties 1910.146(j) 36 Flow Chart, Decisions 1910.146 App A 38 Permit 41 Samples 1910.146 App D System 1910.146(e) 36 Programs 1910.146(d) 35 Examples 1910.146 App C 39 Rescue and Emergency Services 1910.146(k) 37 Sewer System Entry 1910.146 App E 42 Training 1910.146(g) 36 Welding and Cutting 1926.353(b) 253 Containers LP-Gas 1926.153 230 Welding and Cutting 1926.352(i) 252 Contaminants Airborne, TLV 1926.55, .55 App A 142, 143 Definition 1926.107(a) 219 Contractors Control of Hazardous Energy (Lockout/Tagout) 1910.147(f)(2) 46 Hazard Communication 1910.1200(e)(2), (i)(3)(v) 119, 121 Permit-Required Confined Spaces 1910.146(c)(8), (9) 35 Contracts, Mixed Performance 1926.14 134 Conveyors 1926.555 308 Cranes 1926.550, .952(c) 303, 370 Electric Equipment and Wiring, Installation of 1926.406(a) 262 Erection Cranes 1926.955(b)(6)(i) 372 Suspended Personnel Platforms 1926.550(g) 304 Crawling Boards 1926.452(m) 276 Cutoffs, Fire 1926.150(f) 222 Cylinders, Welding and Cutting 1926.350 251

Decompression 1926.803(f) 351 Chambers 1926.803(g)(2) 352 Tables 1926 Subpart S App A 354 Deenergized Conductors, Stringing and Removing 1926.955(c) 372 Deenergizing Lines and Equipment 1926.950(d) 369 Disconnecting 1926.950(d)(2) 369 Guards and Barriers 1926.950(d)(1)(v), (d)(2)(i) 369 Identification 1926.950(d)(1)(i) 369 Inspections 1926.950(b), (d)(1)(iii) 369 Isolation 1926.950(d)(1)(i) 369 Notification by Designated Employee 1926.950(d)(1)(ii) 369 Protective Grounds 1926.950(d)(1)(iv) 369 Switches and Disconnectors 1926.950(d)(1)(ii)(a) 369 Tagging 1926.950(d)(1)(ii)(b), (d)(1)(vi) 369 Work Completion 1926.950(d)(1)(vii), (d)(2)(ii) 369 Demolition Chutes 1926.852 361 Entrances 1926.850(k) 361 Explosives 1926.860 362 Flammable Gases 1926.850(e) 361 Floors 1926.850, .853, .855, .856 361, 362 Mechanical 1926.859 362 Passageways 1926.851 361 Stairways 1926.851 361 Steel Construction 1926.858 362 Storage 1926.857 362 Derrick Trucks 1926.952(c) 370 Derricks 1926.550 303 Floating Derricks 1926.550(f) 304 Suspended Personnel Platforms 1926.550(g) 304 Designated Person (Definition) 1926.32(i) 138 Detonating Cords 1926.908 366 Diesel Powered Trucks 1910.178(b)(1)-(3) 47 4-Dimethylaminoazo-benzene (see also Carcinogens) 1910.1003 62 Disposal Exhaust Materials 1926.57(e) 149 Waste Materials 1926.252 244 Diving 1910.401-.441 55 Recreational Subpart T App C 60 Scientific 1910.401(a)(2)(iv), .402, Subpart T App B 55, 60 Dockboards 1910.178(n)(11) 51 DOT Markings, Retention of Markings, Placards, and Labels 1910.1201 Drilling, Underground Construction 1926.800(q) 348 Dump Trucks 1926.601(b)(10)-(12) 309 Dusts 1926.55 142

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127

INDEX

IX Subject Index

D

Ear Protection 1926.101 217 Earthmoving Equipment 1926.602(a) 309 Egress, Means 1926.34 138 Exit Marking 1926.34(b) 138 Maintenance 1926.34(c) 138 Electric Power Lines 1910.333(c)(3) 54 Electric Transmission and Distribution Lines (see also Power Transmission and Distribution) 1926.950 369 Electric Wiring 1910.333 53 Electrical, Electricity Batteries and Charging 1926.441 265 Circuits, Lockout and Tagging 1926.417 264 Compressed Air Chambers 1926.803(j) 352 Cranes and Derricks 1926.550(a)(15) 303 Equipment Installation and Maintenance 1926.402, .431 255, 264 Grounding and Bonding 1926.404(f) 258 Hazardous Locations 1926.407 262 Power-Operated Tools 1926.302(a) 246 Safety-Related Work Practices 54 Confined Spaces 1910.333(c)(5) Illumination 1910.333(c)(4) 54 Ladders, Portable 1910.333(c)(7) 55 Lockout and Tagging 1910.333(b)(2) 53 Personal Protective Equipment 1910.333(c)(2) 54 Power Lines Overhead 1910.333(c)(3) 54 Training 1910.332 53 Underground Construction 1926.800(s) 349 Wiring Design and Protection 1926.404 256 Electrode Conductor, Grounding 1926.954(h) 371 Definition 1926.960(bb) 375 Electrode Holders 1926.351(a), (d) 252 Electrostatic Apparatus, Fixed 1926.66(e) 214 Spraying 214 Conformance 1926.66(e)(1) Conveyors 1926.66(e)(7) 215 Fail-Safe Controls 1926.66(e)(9) 215 Fire Protection 1926.66(e)(12) 215 Grounding 1926.66(e)(5) 215 Guarding 1926.66(e)(10) 215 Insulators 1926.66(e)(5) 215 Location 1926.66(e)(3) 215 Safe Distances 1926.66(e)(6) 215 Support 1926.66(e)(4) 215 Ventilation 1926.66(e)(11) 215 Electrostatic Hand Spraying Equipment 1926.66(f) 215 Application 1926.66(f)(1) 215 Approval 1926.66(f)(3) 215 Conformance 1926.66(f)(2) 215 Electrical Support Equipment 1926.66(f)(4) 215 Grounding 1926.66(f)(6) 215 Grounds Maintenance 1926.66(f)(7) 215 Interlocks 1926.66(f)(8) 215 Specifications 1926.66(f)(3) 215 Spray Gun Ground 1926.66(f)(5) 215 Ventilation 1926.66(f)(9) 215 Elevators, Escalators, Moving Walks 1926.406(b) 262 Emergency Action Plan 1926.35 138 Hazardous Waste Operations and Emergency Response 1926.65(q)(1) Highly Hazardous Chemicals, Process Safety Management 1926.64(n) Emergency Provisions Excavation Rescue Equipment 1926.651(g)(2) 314 Underground Construction 1926.800(g) 345 Employee (Definition) 1926.32(j) 138 Employee Rescue 1903.14(f) 4 Employee-Owned Protective Equipment 1910.132(b) 19 Employer (Definition) 1926.32(k) 138 Enclosed Spaces 303 Cranes and Derricks 1926.550(a)(11) Welding and Cutting 1926.352(g) 252 Energized Substations 1926.957 374 Barricades and Barriers 1926.957(c) 374 Control Panels 1926.957(d) 374 Deenergized Equipment and Lines 1926.957(b) 374 Energized Equipment Facilities, Work Near 1926.957(a) 374 Fences 1926.957(g) 374 Lowboys 1926.957(e)(3) 374 Mechanical Equipment 1926.957(e) 374 Storage 1926.957(f) 374 Warning Signs 1926.957(c)(2) 374 Work Authorizations 1926.957(a)(1) 374 Entrances (Demolition) 1926.850(k) 361 Entry, Right of 1926.3 129 Equipment Earthmoving 1926.602(a) 309 Electrical 1926.402, .431 255, 264 Firefighting 1926.150(c), (d) 221, 222

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1926.book Page 464 Thursday, July 10, 2008 6:58 AM

Equipment Equipment (continued) 217– 219 Life Saving 1926.100-.106 Marine 1926.605 311 Mechanized 1926.600 309 Personal Protective 1926.95-.107 217– 219 Pile Driving 1926.603 310 Rigging 1926.251 235 Underground Construction 1926.800(i), (k)(10) 346, 347 Ethyleneimine (see also Carcinogens) 1910.1003 62 Evacuation, Ionizing Radiation 1910.1096(f) 114 Excavations Access and Egress 1926.651(c) 313 Adjacent Structure Stability 1926.651(i) 314 Definitions 1926.650(b) 313 Emergency Rescue Equipment 1926.651(g)(2) 314 Equipment 1926.602(b), .955(b)(4)(i), .956(c), .957(h) 310, 371, 373, 374 Fall Protection 1926.651(l) 314 Hazardous Atmospheres 1926.651(g) 314 Inspections 1926.651(k) 314 Pier Holes, Bell-Bottom 1926.651(g)(2)(ii) 314 Protective Systems 1926.652, Subpart P App F 314, 326 Rescue Equipment 1926.651(g)(2) 314 Shield Systems 1926.652(c), 1926 Subpart P App B 315, 317 Shoring 1926.652(c) 315 Aluminum Hydraulic 1926 Subpart P App D 323 Timber 1926 Subpart P App C 319 Sloping and Benching 1926.652(b), Subpart P App B 314, 317 Soil Classification 1926 Subpart P App A 316 Surface Encumbrances 1926.651(a) 313 Trench Excavation 1926.650-.652 313– 314 Ventilation 1926.651(g)(1)(iii) 314 Exhausts 1926.57 148 Cranes and Derricks 1926.550(a) 303 Explosives (see also Blasting) 1926.900 363 Loading 1926.905 365 Storage 1926.904 365 Surface Transportation 1926.902 364 Underground Transportation 1926.903 364 Exposure, Ionizing Radiation (see also Ionizing Radiation) Airborne Radioactive Material 1910.1096(c) 113 Radiation Exposure 1910.1096(b) 113 Minors 1910.1096(b)(3), (c)(2), (d)(2)(ii) 113, 114 Eye Protection 1926.102 217 Eye Washes/Showers, Formaldehyde 1910.1048(i)(3) 91

F Face Protection 1926.102 217 Fall Protection Bricklaying 1926.501(b)(9) 286 Criteria and Practices 1926.502 287 Dangerous Equipment 1926.501(b)(8) 286 Definitions 1926.500(b) 285 Excavations 1926.501(b)(7) 286 Falling Object Protection 1926.501(c) 287 Formwork and Reinforcing Steel 1926.501(b)(5) 286 Guardrail Systems 1926.502(b), Subpart M App B 287, 292 Hoist Areas 1926.501(b)(3) 286 Holes 1926.501(b)(4) 286 Leading Edges 1926.501(b)(2) 286 Personal Fall Arrest Systems 1926.502(d), Subpart M App C 288, 292 Positioning Device Systems 1926.502(e), Subpart M App D 288, 295 Precast Concrete 1926.501(b)(12) 286 Ramps, Runways, Walkways 1926.501(b)(6) 286 Residential Construction 1926.501(b)(13) 287 Retraining 1926.503(c) 290 Roofs Low-Slope 1926.501(b)(10) 286 Steep 1926.501(b)(11) 286 Width Determination Guidelines 1926 Subpart M App A 291 Safety Net Systems 1926.502(c) 287 Sample Plan 1926 Subpart M App E 295 Training Certification 1926.503(b) 290 Training Program 1926.503(a) 290 Unprotected Sides and Edges 1926.501(b)(1) 286 Wall Openings 1926.501(b)(14) 287 Fenders, Earthmoving Equipment 1926.602(a)(5) 309 Fire Alarm Devices 1926.150(e) 222 Fire Extinguishers 1926.150(c)(1) 221 Cranes and Derricks 1926.550(a)(14)(i) 303 Fire Extinguishers Data 1926.150 Table F-1 221 Underground Construction 1926.800(m)(8), (m)(11) 347 Welding and Cutting 1926.352(d) 252 Fire Prevention 1926.24, .151 137, 222 Compressed Air 1926.803(l) 353 Oil and Grease Hazards 1926.350(i) 252 Preservative Coatings 1926.354 253 Underground Construction 1926.800(m) 347

464

INDEX

Fire Prevention (continued) Welding and Cutting 1926.352 252 Fire Protection 1926.150 221 Cutoffs 1926.150(f) 222 Fire Alarm Devices 1926.150(e) 222 Firefighting Equipment 1926.150(c), (d) 221, 222 Prevention Program 1926.24 137 Trucks 1910.178 47 Water Supply and Equipment 1926.150(b) 221 Firefighting Equipment 1926.150(c), (d) 221, 222 First Aid 1926.23, .50, .950(e) 137, 141, 369 Marine Operations 1926.605(d) 311 Tunnels and Shafts 1926.803(b)(7), (8) 351 Flammable and Combustible Liquids 1926.152 222 Hazard Communication 1910.1200 116 Process Safety Management of Highly Hazardous Chemicals 1926.64 Flash Point (Definition) 1926.155(i) 232 Float Scaffolds 1926.451(g)(1) 273 Floors, Flooring Demolition 1926.850, .853, .855, .856 361, 362 Openings 1926.500 285 Food Handling 1926.51(d) 141 Footing Excavations 1926.955(b)(3), .957(h) 371, 374 Fork Trucks (see also Powered Industrial Trucks) 1910.178 47 Forklifts and Forklift Training 1926.602(c), (d) 310 Formaldehyde 1910.1048 90 Airborne Concentration 1910.1048(c) 90 Compliance 1910.1048(f) 90 Definitions 1910.1048(b) 90 Emergencies 1910.1048(k) 91 Exposure 90 Monitoring 1910.1048(d) Permissible Limit 1910.1048(c) 90 Hazard Communication 1910.1048(m) 93 Housekeeping 1910.1048(j) 91 Hygiene Protection 1910.1048(i) 91 Medical Disease Questionnaire 1910.1048 App D 101 Medical Surveillance 1910.1048(l), .1048 App C 91, 100 Personal Protective Equipment 1910.1048(h) 91 Recordkeeping 1910.1048(o) 93 Regulated Areas 1910.1048(e) 90 Respiratory Protection 1910.1048(g) 91 Training Employees 1910.1048(n) 93 Fuel, Fueling, Refueling Cranes and Derricks 1926.550(a)(14) 303 Diesel, Underground Construction 1926.800(m) 347 Flammable and Combustible Liquids 1926.152 222 Fuel Gases 1926.350(d), (e) 251 Fuel Powered Tools 1926.302(c) 246 Handling and Storage 1910.178(f) 49 LP Gas Dispensing 1926.153(e) 230 Oxygen Manifolds 1926.350(e) 251 Fumes (see also Ventilation) 1926.55 142 Fuses, Safety 1926.907 366

181

G Gas Welding and Cutting 1926.350 251 Gases 1926.55 142 Excavations, Hazardous Atmospheres 1926.651(g) 314 Fuel Gases 1926.350(d), (e) 251 Gassy Operations, Underground Construction 1926.800(h) 345 Liquefied Petroleum Gas (LP-Gas) 1926.153 230 Gasoline Powered Trucks 1910.178(b)(8), (9) 47 Gloves 1926.951(a)(1)(iii) 370 Goggles 1926.102(a)(3) 217 Labels 1926.102(b)(2)(ii) 218 Lasers 1926.102(b)(2) 218 Welding 1926.102(b)(1) 218 Grades, Access 1926.602(a)(3) 309 Grinding Machines 1926.303 247 Ground Support Excavations 1926.651(a), (h)-(j), .652 313, 314 Underground Construction 1926.800(o) 348 Grounding 303 Cranes and Derricks 1926.550(a)(15) Employee Protection 1926.954 371 Return and Machine Grounding 1926.351(c) 252 Systems, Circuits, and Equipment 1926.404(f) 258 Guarding (see also Fall Protection) 1926.500 285 Guards and Guardrails 1926.500 285 Cranes and Derricks 1926.550(a)(13)(ii) 303 Guardrail Systems 1926.502(b), Subpart M App B 287, 292 Scaffolds 1926.451 270 Stairways 1926.500(a)(2)(vii) 285 Trucks 1910.178(e) 49

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