CFR 29 Part 1900 (1900 To 1910.999)

29 http://www.smartpdf.
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Parts 1900 to 1910.999

Revised as of July 1, 2007
Labor
Containing a codification of documents

of general applicability and future effect
As of July 1, 2007
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register

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Table of Contents
Page
Explanation ................................................................................................ v
Title 29:
Subtitle B—Regulations Relating to Labor (Continued)
Chapter XVII—Occupational Safety and Health Administration,

Department of Labor ................................................................... 5
Finding Aids:
Material Approved for Incorporation by Reference ............................ 967
Table of CFR Titles and Chapters ....................................................... 977
Alphabetical List of Agencies Appearing in the CFR ......................... 955
List of CFR Sections Affected ............................................................. 1005

iii
Cite this Code: CFR
To cite the regulations in

this volume use title,
part and section num-
ber. Thus, 29 CFR
1902.1 refers to title 29,
part 1902, section 1.
iv
Explanation
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on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
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Title 42 through Title 50 .............................................................as of October 1
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July 1, 2007.
vii
THIS TITLE
Title 29—LABOR is composed of nine volumes. The parts in these volumes are
arranged in the following order: parts 0–99, parts 100–499, parts 500–899, parts 900–
1899, part 1900–§ 1910.999, part 1910.1000–End, parts 1911–1925, part 1926, and part
1927 to end. The contents of these volumes represent all current regulations codi-
fied under this title as of July 1, 2007.
The OMB control numbers for title 29 CFR part 1910 appear in § 1910.8. For
the convenience of the user, § 1910.8 appears in the Finding Aids section of the
volume containing § 1910.1000 to the end.
Subject indexes appear following the occupational safety and health standards
(part 1910), and following the safety and health regulations for: Longshoring (part
1918), Gear Certification (part 1919), and Construction (part 1926).
For this volume, Jonn V. Lilyea was Chief Editor. The Code of Federal Regula-
tions publication program is under the direction of Frances D. McDonald, assisted
by Ann Worley.
ix
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Title 29—Labor
(This book contains parts 1900 to 1910.999)
Part
SUBTITLE B—REGULATIONS RELATING TO LABOR (CONTINUED)
CHAPTER XVII—Occupational Safety and Health Administra-

tion, Department of Labor ................................................. 1902
Subtitle B—Regulations
Relating to Labor
(Continued)
CHAPTER XVII—OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
Part Page
1900–1901 [Reserved]
1902 State plans for the development and enforcement
of State standards ................................................ 7
1903 Inspections, citations and proposed penalties ......... 27
1904 Recording and reporting occupational injuries and
illnesses ................................................................ 43
1905 Rules of practice for variances, limitations, vari-
ations, tolerances, and exemptions under the
Williams-Steiger Occupational Safety and
Health Act of 1970 ................................................. 65
1906 Administration witnesses and documents in pri-
vate litigation [Reserved]
1908 Consultation agreements ........................................ 76
1910 Occupational safety and health standards .............. 87
Subject index for 29 CFR part 1910—Occupational
safety and health standards ................................. 933
PARTS 1900–1901 [RESERVED] 1902.35 Effect of certification.
BASIS FOR 18(E) DETERMINATIONS
PART 1902—STATE PLANS FOR THE 1902.36 General provisions.
DEVELOPMENT AND ENFORCE- 1902.37 Factors for determination.
MENT OF STATE STANDARDS PROCEDURES FOR 18(E) DETERMINATION
Subpart A—General 1902.38 Evaluation of plan following certifi-
cation.
Sec. 1902.39 Completion of evaluation.
1902.1 Purpose and scope. 1902.40 Informal hearing.
1902.2 General policies. 1902.41 Decision.
1902.42 Effect of affirmative 18(e) deter-
Subpart B—Criteria for State Plans mination.
1902.43 Affirmative 18(e) decision.
1902.3 Specific criteria. 1902.44 Requirements applicable to State
1902.4 Indices of effectiveness. plans granted affirmative 18(e) deter-
1902.5 Intergovernmental Cooperation Act minations.
of 1968. 1902.45 [Reserved]
1902.6 Consultation with the National Insti- 1902.46 Negative 18(e) determination.
tute for Occupational Safety and Health.
PROCEDURE FOR RECONSIDERATION AND REV-
Subpart C—Procedures for Submission, OCATION OF AN AFFIRMATIVE 18(E) DETER-
Approval and Rejection of State Plans MINATION
1902.10 Submission. 1902.47 Reconsideration of an affirmative

18(e) determination.
PROCEDURE FOR PROPOSED OR POSSIBLE 1902.48 The proceeding.
APPROVAL OF PLAN 1902.49 General notice.
1902.50 Informal hearing.
1902.11 General notice. 1902.51 Certification of the records of a
1902.12 Opportunity for modifications and hearing.
clarifications. 1902.52 Decision.
1902.13 Informal hearing. 1902.53 Publication of decisions.
1902.14 Formal hearing.
1902.15 Certification of the record of a hear- AUTHORITY: Sec. 18, 84 Stat. 1608 (29 U.S.C.
ing. 667); Secretary of Labor’s Order No. 3–2000 (65
FR 50017, August 16, 2000).
PROCEDURE FOR PROPOSED OR POSSIBLE
REJECTION OF PLAN SOURCE: 36 FR 20751, Oct. 29, 1971, unless
otherwise noted.
1902.17 The proceeding.
1902.18 Previous hearing or other oppor-
tunity for comment on plan. Subpart A—General
1902.19 Notice of hearing.
§ 1902.1 Purpose and scope.
DECISIONS
(a) This part applies the provisions of
1902.20 Decision following informal pro- section 18 of the Williams-Steiger Oc-
ceeding. cupational Safety and Health Act of
1902.21 Tentative decision following formal 1970 (hereinafter referred to as the Act)
proceeding.
1902.22 Final decision following formal pro-
relating to State plans for the develop-
ceeding. ment and enforcement of State occupa-
1902.23 Publication of decisions. tional safety and health standards. The
provisions of the part set forth the pro-
Subpart D—Procedures for Determinations cedures by which the Assistant Sec-
Under Section 18(e) of the Act retary for Occupational Safety and
Health (hereinafter referred to as the
GENERAL
Assistant Secretary) under a delega-
1902.30 Purpose and scope. tion of authority from the Secretary of
1902.31 Definitions. Labor (Secretary’s Order No. 12–71, 36
1902.32 General policies.
FR 8754, May 12, 1971) will approve or
COMPLETION OF DEVELOPMENTAL STEPS— reject State plans submitted to the
CERTIFICATION Secretary. In the Act, Congress de-
1902.33 Developmental period. clared it to be its purpose and policy
1902.34 Certification of completion of devel- ‘‘* * * to assure so far as possible every
opmental steps. working man and woman in the Nation
§ 1902.1 29 CFR Ch. XVII (7–1–07 Edition)
safe and healthful working conditions least 1 year in which to evaluate the
and to preserve our human resources’’ program on the basis of actual oper-
by, among other actions and programs, ations. After the determination that
‘‘* * * encouraging the State to assume the State is applying the criteria of
the fullest responsibility for the ad- section 18(c) of the Act, the Assistant
ministration and enforcement of their Secretary’s enforcement authority
occupational safety and health laws. shall not apply with respect to any oc-
Section 18(a) of the Act is read as pre- cupational safety or health issue cov-
venting any State agency or court ered by the plan. Notwithstanding plan
from asserting jurisdiction under State approval and a determination under
law over any occupational safety or section 18(e) that the section 18(c) cri-
health issue with respect to which a teria are being followed, the Assistant
Federal standard has been issued under Secretary shall make a continuing
section 6 of the Act. However, section evaluation, as provided in section 18(f)
18(b) provides that any State that de- of the Act, of the manner in which the
sires to assume responsibility for the State is carrying out the plan.
development and enforcement therein (2) Federal enforcement authority
of occupational safety and health which must be retained by the Assist-
standards relating to issues covered by ant Secretary until actual operations
corresponding standards promulgated prove the State plan to be at least as
under section 6 of the Act shall submit effective as the Federal program, will
a plan for doing so to the Assistant be exercised to the degree necessary to
Secretary. assure occupational safety and health.
(b) Section 18(c) of the Act sets out Factors to be considered in deter-
certain criteria that a plan which is mining the level of Federal effort dur-
submitted under section 18(b) of the ing this period include:
Act must meet, either initially or upon (i) Whether the plan is developmental
modification, if it is to be approved.
(i.e., approved under § 1902.2(b)) or com-
Foremost among these criteria is the
plete (i.e., approved under § 1902.2 (a)).
requirement that the plan must pro-
(ii) Results of evaluations conducted
vide for the development of State
by the Assistant Secretary.
standards and the enforcement of such
standards which are or will be at least (3) Whenever the Assistant Secretary
as effective in providing safe and determines, after giving notice and af-
healthful employment and places of fording the State an opportunity for a
employment as the standards promul- hearing, that in the administration of
gated under section 6 of the Act which the State plan there is a failure to
relate to the same issues. comply substantially with any provi-
(c)(1) If the Assistant Secretary ap- sion of the plan or any assurance con-
proves a State plan submitted under tained therein, he shall withdraw ap-
section 18(b), he may, but is not re- proval of such plan in whole or in part,
quired to, exercise his enforcement au- and upon notice the State shall cease
thority with respect to Federal stand- operations under any disapproved plan
ards corresponding to standards ap- or part thereof, except that it will be
proved under the plan until he deter- permitted to retain jurisdiction as to
mines, in accordance with section 18(e) any case commenced before withdrawal
of the Act, on the basis of actual oper- of approval whenever the issues in-
ations under the plan, that the State is volved do not relate to the reasons for
applying the criteria of section 18(c) of the withdrawal of the plan.
the Act. The Assistant Secretary shall (4) A determination of approval of a
not make this determination (i) for at State plan under section 18(e) does not
least 3 years after initial approval of affect the authority and responsibility
the plan, and (ii) in the case of a devel- of the Assistant Secretary to enforce
opmental plan approved under Federal standards covering issues not
§ 1902.2(b), until the State has com- included under the State plan.
pleted all the steps specified in its plan (d) The policy of the Act is to encour-
which are designed to make it at least age the assumption by the States of
as effective as the Federal program and the fullest responsibility for the devel-
the Assistant Secretary has had at opment and enforcement of their own
Occupational Safety and Health Admin., Labor § 1902.2
occupational safety and health stand- State plan shall include the specific ac-
ards. This assumption of responsibility tions it proposes to take and a time
is considered to include State develop- schedule for their accomplishment not
ment and enforcement of standards on to exceed 3 years, at the end of which
as many occupational safety and the State plan will meet the criteria in
health issues as possible. To these § 1902.3. A developmental plan shall in-
ends, the Assistant Secretary intends clude the date or dates within which
to cooperate with the States so that intermediate and final action will be
they can obtain approval of plans for accomplished. If necessary program
the development and enforcement of changes require legislative action by a
State standards which are or will be at State, a copy of a bill or a draft of leg-
least as effective as the Federal stand- islation that will be or has been pro-
ards and enforcement. posed for enactment shall be sub-
(e) After the Assistant Secretary has mitted, accompanied by (1) a state-
approved a plan, he may approve one or ment of the Governor’s support of the
more grants under section 23(g) of the legislation and (2) a statement of legal
Act to assist the State in admin- opinion that the proposed legislation
istering and enforcing its program for will meet the requirements of the Act
occupational safety and health in ac- and this part in a manner consistent
cordance with appropriate instructions with the State’s constitution and laws.
or procedures to be promulgated by the On the basis of the State’s submission
Assistant Secretary. the Assistant Secretary will approve
[36 FR 20751, Oct. 29, 1971, as amended at 61 the plan if he finds that there is a rea-
FR 9230, Mar. 7, 1996] sonable expectation that the State
plan will meet the criteria in § 1902.3
§ 1902.2 General policies. within the indicated 3-year period. In
(a) Policy. The Assistant Secretary such case, the Assistant Secretary
will approve a State plan which pro- shall not make a determination under
vides for an occupational safety and section 18(e) of the Act that a State is
health program with respect to covered fully applying the criteria in § 1902.3
issues that in his judgment meets or until the State has completed all the
will meet the criteria set forth in developmental steps specified in its
§ 1902.3. Included among these criteria plan which are designed to make it at
is the requirement that the State plan least as effective as the Federal pro-
provide for the development and en- gram, and the Assistant Secretary has
forcement of standards relating to had at least 1 year to evaluate the plan
issues covered by the plan which are or on the basis of actual operations. If at
will be at least as effective in providing the end of 3 years from the date of
safe and healthful employment and commencement of the plan’s develop-
places of employment as standards pro- ment, the State is found by the Assist-
mulgated and enforced under section 6 ant Secretary, after affording the State
of the Act on the same issues. In deter- notice and opportunity for a hearing,
mining whether a State plan satisfies not to have substantially completed
the requirement of effectiveness, the the developmental steps of the plan,
Assistant Secretary will measure the the Assistant Secretary shall withdraw
plan against the indices of effective- the approval of the plan.
ness set forth in § 1902.4. (c) Scope of State plan. (1) A State
(b) Developmental plan. A State plan plan may cover any occupational safe-
for an occupational safety and health ty and health issue with respect to
program may be approved although, which a Federal standard has been pro-
upon submission it does not fully meet mulgated under section 6 of the Act.
the criteria set forth in § 1902.3, if it in- An ‘‘issue’’ is considered to be an in-
cludes satisfactory assurances by the dustrial, occupational or hazard group-
State that it will take the necessary ing which is at least as comprehensive
steps to bring the State program into as a corresponding grouping contained
conformity with these criteria within in (i) one or more sections in subpart B
the 3-year period immediately fol- or R of part 1910 of this chapter, or (ii)
lowing the commencement of the one or more of the remaining subparts
plan’s operation. In such case, the of part 1910. However, for cause shown
the Assistant Secretary may approve a by statute, regulation, or agreement,

plan relating to other industrial, occu- to insure that the commitments of the
pational or hazard groupings if he de- State under the plan will be fulfilled.
termines that the plan is administra- (c) Standards. (1) The State plan shall
tively practicable and that such include or provide for the development
groupings would not conflict with the or adoption of, and contain assurances
purposes of the Act. that the State will continue to develop
(2) Each State plan shall describe the or adopt, standards which are or will be
occupational safety and health issue or at least as effective as those promul-
issues and the State standard or stand- gated under section 6 of the Act. Indi-
ards applicable to each such issue or ces of the effectiveness of standards
issues over which it desires to assume and procedures for the development or
enforcement responsibility in terms of adoption of standards against which
the corresponding Federal industrial, the Assistant Secretary will measure
occupational or hazard groupings and the State plan in determining whether
set forth the reasons, supported with it is approvable are set forth in
appropriate data, for any variations § 1902.4(b).
the State proposes from the coverage (2) The State plan shall not include
of Federal standards. standards for products distributed or
(3) The State plan shall apply to all used in interstate commerce which are
employers and employees within the different from Federal standards for
affected industry, occupational or haz- such products unless such standards
ard grouping unless the Assistant Sec- are required by compelling local condi-
retary finds that the State has shown tions and do not unduly burden inter-
good cause why any group or groups of state commerce. This provision, re-
employers or employees should be ex- flecting section 18(c)(2) of the Act, is
cluded. Any employers or employees so interpreted as not being applicable to
excluded shall be covered by applicable customized products or parts not nor-
Federal standards and enforcement mally available on the open market, or
provisions in the Act. to the optional parts or additions to
products which are ordinarily available
Subpart B—Criteria for State Plans with such optional parts or additions.
(d) Enforcement. (1) The State plan
§ 1902.3 Specific criteria. shall provide a program for the en-
(a) General. A State plan must meet forcement of the State standards which
the specific criteria set forth in this is, or will be, at least as effective as
section. that provided in the Act, and provide
(b) Designation of State agency. (1) The assurances that the State’s enforce-
State plan shall designate a State ment program will continue to be at
agency or agencies as the agency or least as effective as the Federal pro-
agencies responsible for administering gram. Indices of the effectiveness of a
the plan throughout the State. State’s enforcement plan against which
(2) The plan shall also describe the the Assistant Secretary will measure
authority and responsibilities vested in the State plan in determining whether
such agency or agencies. The plan shall it is approvable are set forth in
contain assurances that any other re- § 1902.4(c).
sponsibilities of the designated agency (2) The State plan shall require em-
shall not detract significantly from the ployers to comply with all applicable
resources and priorities assigned to ad- State occupational safety and health
ministration of the plan. standards covered by the plan and all
(3) A State agency or agencies must applicable rules issued thereunder, and
be designated with overall responsi- employees to comply with all stand-
bility for administering the plan ards, rules, and orders applicable to
throughout the State. However, polit- their conduct.
ical subdivisions of the State may have (e) Right of entry and inspection. The
the responsibility and authority for the State plan shall contain adequate as-
development and enforcement of stand- surance that inspectors will have a
ards, provided that the State agency or right to enter and inspect covered
agencies are given adequate authority workplaces which is, or will be, at least
10
as effective as that provided in section extent permitted by State law, an ef-

8 of the Act. Where such entry or in- fective and comprehensive occupa-
spection is refused, the State agency or tional safety and health program cov-
agencies shall have the authority, ering all employees of public agencies
through appropriate legal process, to of the State and its political subdivi-
compel such entry and inspection. sions. Such program shall be as effec-
(f) Prohibition against advance notice. tive as the programs contained in the
The State plan shall contain a prohibi- plan which are applicable to employees
tion against advance notice of inspec- covered by the plan.
tions. Any exceptions must be ex- (k) Employer records and reports. The
pressly authorized by the head of the State plan shall provide assurances
designated agency or agencies or his that employers covered by the plan
representative and such exceptions will maintain records and make reports
may be no broader than those author- to the Assistant Secretary in the same
ized under the Act and the rules pub- manner and to the same extent as if
lished in part 1903 of this chapter relat- the plan were not in effect.
ing to advance notice. (l) State agency reports to the Assistant
(g) Legal authority. The State plan Secretary. The State plan shall provide
shall contain satisfactory assurances assurances that the designated agency
that the designated agency or agencies or agencies shall make such reasonable
have, or will have, the legal authority reports to the Assistant Secretary in
necessary for the enforcement of its such form and containing such infor-
standards. mation as he may from time to time
(h) Personnel. The State plan shall require. The agency or agencies shall
provide assurance that the designated establish specific goals, consistent with
agency or agencies have, or will have, a the goals of the Act, including meas-
sufficient number of adequately ures of performance, output and results
trained and qualified personnel nec- which will determine the efficiency and
essary for the enforcement of the effectiveness of the State program, and
standards. For this purpose qualified shall make periodic reports to the As-
personnel means persons employed on a sistant Secretary on the extent to
merit basis, including all persons en- which the State, in implementation of
gaged in the development of standards its plan, has attained these goals. Re-
and the administration of the State ports will also include data and infor-
plan. Conformity with the Standards mation on the implementation of the
for a Merit System of Personnel Ad- specific inspection and voluntary com-
ministration, 45 CFR part 70, issued by pliance activities included within the
the Secretary of Labor, including any State plan. Further, these reports shall
amendments thereto, and any stand- contain such statistical information
ards prescribed by the U.S. Civil Serv- pertaining to work-related deaths, in-
ice Commission pursuant to section 208 juries, and illnesses in employments
of the Intergovernmental Personnel and places of employment covered by
Act of 1970 (Pub. L. 91–648; 84 Stat. 1915) the plan as the Assistant Secretary
modifying or superseding such stand- may from time to time require.
ards, will be deemed to meet this re-
(Approved by the Office of Management and
quirement.
Budget under control number 1218–0004)
(i) Resources. The State plan shall
contain satisfactory assurances [36 FR 20751, Oct. 29, 1971, as amended at 54
through the use of budget, organiza- FR 24333, June 7, 1989]
tional description, and any other ap-
propriate means that the State will de- § 1902.4 Indices of effectiveness.
vote adequate funds to the administra- (a) General. In order to satisfy the re-
tion and enforcement of the program. quirements of effectiveness under
The Assistant Secretary will make § 1902.3 (c)(1) and (d)(1), the State plan
periodic evaluations of the adequacy of shall:
the State resources devoted to the (1) Establish the same standards, pro-
plan. cedures, criteria and rules as have been
(j) State and local government employ- established by the Assistant Secretary
ees. The State plan shall include, to the under the Act, or;
11
(2) Establish alternative standards, processes, by such means as estab-

procedures, criteria, and rules which lishing procedures for consideration of
will be measured against each of the expert technical knowledge, and pro-
indices of effectiveness in paragraphs viding interested persons, including
(b) and (c) of this section to determine employers, employees, recognized
whether the alternatives are at least as standards-producing organizations, and
effective as the Federal program with the public an opportunity to submit in-
respect to the subject of each index. formation requesting the development
For each index the State must dem- or promulgation of new standards or
onstrate by the presentation of factual the modification or revocation of exist-
or other appropriate information that ing standards and to participate in any
its plan is or will be at least as effec- hearings. This index may also be satis-
tive as the Federal program. fied by such means as the adoption of
(b) Standards. (1) The indices for Federal standards, in which case the
measurement of a State plan with re- procedures at the Federal level before
gard to standards follow in paragraph adoption of a standard under section 6
(b)(2) of this section. The Assistant may be considered to meet the condi-
Secretary will determine whether the tions of this index.
State plan satisfies the requirements of (iv) Provides authority for the grant-
effectiveness with regard to each index ing of variances from State standards,
as provided in paragraph (a) of this sec- upon application of an employer or em-
tion. ployers which correspond to variances
(2) The Assistant Secretary will de- authorized under the Act, and for con-
termine whether the State plan: sideration of the views of interested
(i) Provides for State standards with parties, by such means as giving af-
respect to specific issues which are or fected employees notice of each appli-
will be at least as effective as the cation and an opportunity to request
standards promulgated under section 6 and participate in hearings or other ap-
of the Act relating to the same issues. propriate proceedings relating to appli-
In the case of any State standards deal-
cations for variances.
ing with toxic materials or harmful
(v) Provides for prompt and effective
physical agents, they should ade-
standards setting actions for the pro-
quately assure, to the extent feasible,
that no employee will suffer material tection of employees against new and
impairment of health or functional ca- unforseen hazards, by such means as
pacity even if such employee has reg- the authority to promulgate emer-
ular exposure to the hazard dealt with gency temporary standards.
by such standard for the period of his (vi) Provides that State standards
working life, by such means as, in the contain appropriate provision for the
development and promulgation of furnishing to employees of information
standards, obtaining the best available regarding hazards in the workplace, in-
evidence through research, demonstra- cluding information about suitable pre-
tions, experiments, and experience cautions, relevant symptoms, and
under this and other safety and health emergency treatment in case of expo-
laws. sure, by such means as labeling, post-
(ii) Provides an adequate method to ing, and, where appropriate, medical
assure that its standards will continue examination at no cost to employees,
to be at least as effective as Federal with the results of such examinations
standards, including Federal standards being furnished only to appropriate
relating to issues covered by the plan, State officials and, if the employee so
which become effective subsequent to requests, to his physician.
any approval of the plan. (vii) Provides that State standards,
(iii) Provides a procedure for the de- where appropriate, contain specific
velopment and promulgation of stand- provision for the protection of employ-
ards which allows for the consideration ees from exposure to hazards, by such
of pertinent factual information and means as containing appropriate provi-
affords interested persons, including sion for use of suitable protective
employees, employers and the public, equipment and for control or techno-
an opportunity to participate in such logical procedures with respect to such
12
hazards, including monitoring or meas- (v) Provides necessary and appro-

uring such exposure. priate protection to an employee
(c) Enforcement. (1) The indices for against discharge or discrimination in
measurement of a State plan with re- terms and conditions of employment
gard to enforcement follow in para- because he has filed a complaint, testi-
graph (c)(2) of this section. The Assist- fied, or otherwise acted to exercise
ant Secretary will determine whether rights under the Act for himself or oth-
the State plan satisfies the require- ers, by such means as providing for ap-
ments of effectiveness with regard to propriate sanctions against the em-
each index as provided in paragraph (a) ployer for such actions and by pro-
of this section. viding for the withholding, upon re-
(2) The Assistant Secretary will de- quest, of the names of complainants
termine whether the State plan: from the employer.
(i) Provides for inspection of covered (vi) Provides that employees have ac-
workplaces in the State, including in- cess to information on their exposure
spections in response to complaints, to toxic materials or harmful physical
where there are reasonable grounds to agents and receive prompt information
believe a hazard exists, in order to as- when they have been or are being ex-
sure, so far as possible, safe and health- posed to such materials or agents in
ful working conditions for covered em- concentrations or at levels in excess of
ployees, by such means as providing for those prescribed by the applicable safe-
inspections under conditions such as ty and health standards, by such means
those provided in section 8 of the Act.
as the observation by employees of the
(ii) Provides an opportunity for em-
monitoring or measuring of such mate-
ployees and their representatives, be-
rials or agents, employee access to the
fore, during, and after inspections, to
records of such monitoring or meas-
bring possible violations to the atten-
uring, prompt notification by an em-
tion of the State agency with enforce-
ployer to any employee who has been
ment responsibility in order to aid in-
or is being exposed to such agents or
spections, by such means as affording a
materials in excess of the applicable
representative of the employer and a
standards, and information to such em-
representative authorized by employ-
ployee of corrective action being
ees an opportunity to accompany the
State representative during the phys- taken.
ical inspection of the workplace, or (vii) Provides procedures for the
where there is no authorized represent- prompt restraint or elimination of any
ative, by providing for consultation by conditions or practices in covered
the State representative with a reason- places of employment which could rea-
able number of employees. sonably be expected to cause death or
(iii) Provides for the notification of serious physical harm immediately or
employees, or their representatives, before the imminence of such danger
when the State decides not to take can be eliminated through the enforce-
compliance action as a result of viola- ment procedures otherwise provided for
tions alleged by such employees or in the plan, by such means as imme-
their representatives and further pro- diately informing employees and em-
vides for informal review of such deci- ployers of such hazards, taking steps to
sions, by such means as written notifi- obtain immediate abatement of the
cation of decisions not to take compli- hazard by the employer, and where ap-
ance action and the reasons therefor, propriate, authority to initiate nec-
and procedures for informal review of essary legal proceedings to require
such decisions and written statements such abatement.
of the disposition of such review. (viii) Provides adequate safeguards to
(iv) Provides that employees be in- protect trade secrets, by such means as
formed of their protections and obliga- limiting access to such trade secrets to
tions under the Act, including the pro- authorized State officers or employees
visions of applicable standards, by such concerned with carrying out the plan
means as the posting of notices or and by providing for the issuance of ap-
other appropriate sources of informa- propriate orders to protect the con-
tion. fidentiality of trade secrets.
13
(ix) Provides that the State agency § 1902.6 Consultation with the Na-
(or agencies) will have the necessary tional Institute for Occupational
legal authority for the enforcement of Safety and Health.
standards, by such means as provisions The Assistant Secretary will consult,
for appropriate compulsory process to as appropriate, with the Director of the
obtain necessary evidence or testimony National Institute for Occupational
in connection with inspection and en- Safety and Health with regard to plans
forcement proceedings. submitted by the States under this
(x) Provides for prompt notice to em- part.
ployers and employees when an alleged
violation of standards has occurred, in-
cluding the proposed abatement re- Subpart C—Procedures for Sub-
quirements, by such means as the mission, Approval and Rejec-
issuance of a written citation to the tion of State Plans
employer and posting of the citation at
or near the site of the violation; fur- § 1902.10 Submission.
ther provides for advising the employer (a) An authorized representative of
of any proposed sanctions, by such the State agency or agencies respon-
means as a notice to the employer by sible for administering the plan shall
certified mail within a reasonable time submit the plan with 10 copies to the
of any proposed sanctions. appropriate Assistant Regional Direc-
(xi) Provides effective sanctions tor of the Occupational Safety and
against employers who violate State Health Administration, U.S. Depart-
standards and orders, such as those ment of Labor. The State plan shall in-
prescribed in the Act. clude (1) Supporting papers conforming
(xii) Provides for an employer to to the requirements specified in sub-
have the right of review of violations part B of this part, and (2) the State
alleged by the State, abatement peri- occupational safety and health stand-
ods, and proposed penalties and for em- ards to be included in the plan, includ-
ployees or their representatives to ing copies of any specific or enabling
have an opportunity to participate in State laws and regulations relating to
review proceedings, by such means as such standards. If any of the represen-
providing for administrative or judicial tations concerning the requirements of
review, with an opportunity for a full subpart B of this part are dependent
hearing on the issues. upon any judicial or administrative in-
(xiii) Provides that the State will un- terpretations of the State standards or
dertake programs to encourage vol- enforcement provisions, the State shall
untary compliance by employers and furnish citations to any pertinent judi-
employees by such means as con- cial decisions and the text of any perti-
ducting training and consultation with nent administrative decisions.
employers and employees. (b) Upon receipt of the State plan the
(d) Additional indices. Upon his own Assistant Regional Director shall make
motion or after consideration of data, a preliminary examination of the plan.
views and arguments received in any If his examination reveals any defect
proceeding held under subpart C of this in the plan, the Assistant Regional Di-
part, the Assistant Secretary may pre- rector shall offer assistance to the
scribe additional indices for any State State agency and shall provide the
plan which shall be in furtherance of agency an opportunity to cure such de-
the purpose of this part, as expressed in fect. After his preliminary examina-
§ 1902.1. tion, and after affording the State
agency such opportunity to cure de-
§ 1902.5 Intergovernmental Coopera- fects, the Assistant Regional Director
tion Act of 1968. shall submit the plan to the Assistant
This part shall be construed in a Secretary.
manner consistent with the Intergov- (c) Upon receipt of the plan from the
ernmental Cooperation Act of 1968 (42 Assistant Regional Director, the As-
U.S.C. 4201–4233), and any regulations sistant Secretary shall examine the
pursuant thereto. plan and supporting materials. If the
14
examination discloses no cause for re- and an office of the State which shall
jecting the plan, the Assistant Sec- be designated by the State for this pur-
retary shall follow the procedure pre- pose.
scribed in § 1902.11. If the examination (e) Upon his own initiative, the As-
discloses cause for rejection of the sistant Secretary may give notice of an
plan, the Assistant Secretary shall fol- informal or formal hearing affording
low the procedure prescribed in an opportunity for oral comments con-
§ 1902.17. cerning the plan.
PROCEDURE FOR PROPOSED OR POSSIBLE (f) In the event no notice of hearing
APPROVAL OF PLAN is provided under paragraph (e) of this
section it shall be provided that any in-
§ 1902.11 General notice. terested person may request an infor-
(a) Upon receipt of a State plan sub- mal hearing concerning the proposed
mitted by an Assistant Regional Direc- plan, or any part thereof, whenever
tor under § 1902.10 whenever the Assist- particularized written objections
ant Secretary proposes to approve the thereto are filed within 30 days fol-
plan, or to give notice that such ap- lowing publication of the notice in the
proval is an issue before him, he shall FEDERAL REGISTER. If the Assistant
publish in the FEDERAL REGISTER a no- Secretary finds that substantial objec-
tice meeting the requirements of the tions have been filed, he shall afford a
remaining paragraphs of this section. formal or informal hearing on the sub-
No later than 5 days following the pub- jects and issues involved under § 1902.13
lication of the notice in the FEDERAL or § 1902.14, or shall commence a pro-
REGISTER, the applying State agency ceeding under § 1902.17.
shall publish, or cause to be published,
within the State reasonable notice con- § 1902.12 Opportunity for modifica-
taining the same information. tions and clarifications.
(b) The notice shall indicate the sub- The Assistant Secretary may afford
mission of the plan and its contents, the State an opportunity to modify or
and any proposals, subjects, or issues
clarify its plan on the basis of any
involved.
comments received under § 1902.11 or
(c) The notice shall provide that the
§ 1902.13, before commencing a pro-
plan, or copies thereof, shall be avail-
able for inspection and copying at the ceeding to reject the plan. In this con-
office of the Director, Office of State nection, the State may informally dis-
Programs, Occupational Safety and cuss any issues raised by such com-
Health Administration, 1726 M Street ments with the staff of the Office of
NW., Washington, DC 20210, office of Federal and State Operations. The As-
the Assistant Regional Director in sistant Secretary may afford an addi-
whose region the State is located, and tional opportunity for public comment,
an office of the State which shall be particularly when such an opportunity
designated by the State for this pur- would not unduly delay final action on
pose. the plan and when the comments could
(d) The notice shall afford interested be expected to elicit new relevant mat-
persons an opportunity to submit in ter.
writing, data, views, and arguments on
[38 FR 12605, May 14, 1973]
the proposal, subjects, or issues in-
volved within 30 days after publication § 1902.13 Informal hearing.
of the notice in the FEDERAL REGISTER.
Thereafter the written comments re- Any informal hearing shall be legis-
ceived or copies thereof shall be avail- lative in type. The procedures for infor-
able for public inspection and copying mal hearings may take a variety of
at the office of the Director, Office of forms. The appropriateness of any par-
State Programs, Occupational Safety ticular form will turn largely upon the
and Health Administration, 1726 M proposals, subjects, or issues involved.
Street NW., Washington, DC 20210, of- The rules of procedure for each hearing
fice of the Assistant Regional Director shall be published with the notice
in whose region the State is located, thereof.
15
§ 1902.14 Formal hearing. (3) For any other reason.

Any formal hearing provided for (b) Any written comments received
under § 1902.11 (e) and (f) shall be com- in response to a notice issued under
menced upon the publication of reason- § 1902.11 shall be a part of the record of
able notice in the FEDERAL REGISTER the proceeding.
and similar notice by the State. The (c) Whenever a formal hearing has
hearing shall conform with the require- been held under § 1902.14 the Assistant
ments of 5 U.S.C. 556 and 557. The terms Secretary shall hold no additional
for filing proposed findings and conclu- hearing, and shall proceed to issue a
sions and exceptions to any tentative tentative decision under § 1902.21.
decision, or objections to a tentative
§ 1902.19 Notice of hearing.
decision, shall be set forth in the no-
tice. (a) Whenever the Assistant Secretary
has issued no previous notice con-
§ 1902.15 Certification of the record of cerning the plan, or only informal rule
a hearing. making proceedings have been con-
Upon completion of any formal or in- ducted concerning the plan, the Assist-
formal hearing, the transcript thereof, ant Secretary shall publish in the FED-
together with written submissions, ex- ERAL REGISTER an appropriate notice
hibits filed during the hearing, and any concerning the plan and provide an op-
post-hearing presentations shall be cer- portunity for formal hearing and deci-
tified by the officer presiding at the sion on the possible rejection of the
hearing to the Assistant Secretary. plan and on any subsidiary issues. The
notice also shall set forth such rules as
PROCEDURE FOR PROPOSED OR POSSIBLE may be necessary so as to assure com-
REJECTION OF PLAN pliance with 5 U.S.C. 556 and 557 in the
conduct of the proceeding. The time for
§ 1902.17 The proceeding. filing proposed findings and conclu-
Whenever as a result of (a) an initial sions and exceptions to any tentative
examination of a plan, or (b) written or decision shall be set forth in the no-
oral comments concerning a plan sub- tice.
mitted in an informal rulemaking pro- (b) Not later than 5 days following
ceeding concerning a proposed approval the publication of the notice in the
of a plan or any subject or issue con- FEDERAL REGISTER, required by para-
cerning the plan, the Assistant Sec- graph (a) of this section, the applying
retary proposes to reject a plan or re- State agency shall publish, or cause to
jection remains in issue for any reason, be published, within the State reason-
he shall follow the procedures pre- able notice containing the same infor-
scribed in the remaining sections of mation.
this subpart.
DECISIONS
§ 1902.18 Previous hearing or other op-
portunity for comment on plan. § 1902.20 Decision following informal
(a) Whenever an informal hearing has proceeding.
been held under §§ 1902.11 and 1902.13, (a) This section deals with a situa-
any evidence submitted in such a hear- tion where the Assistant Secretary has
ing shall be considered and may be re- (1) Afforded interested persons an op-
lied upon whenever it is found that no portunity to submit written data,
party will be prejudiced thereby be- views, or arguments concerning a pro-
cause posal, subject, or issue concerning a
(1) Of a lack of an opportunity for plan; or
cross-examination afforded in the in- (2) Has in addition provided an infor-
formal hearing on the issues involved, mal hearing concerning a proposal,
or subject, or issue concerning a plan.
(2) The veracity and demeanor of wit- (b)(1)(i) After consideration of all rel-
nesses are not important with respect evant information which has been pre-
to the type of evidence involved (e.g., sented, if the Assistant Secretary ap-
extensive technical or statistical data), proves a plan he shall issue a decision
or to that effect.
16
(ii) In the event the plan is approved pating in the hearing shall have an op-
under § 1902.2(b), the decision shall portunity to file exceptions to a ten-
state that the plan does not fully meet tative decision and objections to such
the criteria set forth in § 1902.3, and exceptions within periods of time to be
shall summarize the schedule and any specified in the tentative decision. An
other measures for bringing the plan original and four copies of any excep-
up to the level of such criteria. tion or objections shall be filed.
(iii) The decision shall also reflect (b)(1) Thereafter the Assistant Sec-
the Assistant Secretary’s intention as retary shall issue a final decision rul-
to continued Federal enforcement of ing upon each exception and objection
Federal standards in areas covered by filed. The final decision shall be pub-
the plan. Provisions for continued Fed- lished in the FEDERAL REGISTER.
eral enforcement shall take into con- (2) Any final decision approving a
sideration: plan shall contain the provisions pre-
(a) Whether the plan is approved scribed in § 1902.20(b)(1)(iii) concerning
under § 1902.2(a) or § 1902.2(b); Federal enforcement in areas covered
(b) The schedule for coming up to by the plan.
Federal standards in any § 1902.2(b)
§ 1902.23 Publication of decisions.
plan; and
(c) Any other relevant matters. All decisions approving or dis-
(2) After consideration of all relevant approving a plan shall be published in
information contained in any written the FEDERAL REGISTER.
or oral comments received in any in-
formal proceeding, if the Assistant Subpart D—Procedures for Deter-
Secretary proposes to disapprove a minations Under Section 18(e)
plan, or the disposition of a subject or of the Act
issue permits the possible disapproval
of a plan, he shall publish a notice to SOURCE: 40 FR 54782, Nov. 26, 1975, unless
that effect, and commence a pro- otherwise noted.
ceeding meeting the requirements of
§ 1902.19. GENERAL
§ 1902.21 Tentative decision following § 1902.30 Purpose and scope.
formal proceeding.
This subpart contains procedures and
(a) On the basis of the whole record criteria under which the Assistant Sec-
of any hearing held under § 1902.14 or retary of Labor for Occupational Safe-
§ 1902.19, the Assistant Secretary shall ty and Health (hereinafter referred to
issue a tentative decision either ap- as the Assistant Secretary) under a
proving or disapproving the plan. The delegation of authority from the Sec-
tentative decision shall include a retary of Labor (Secretary’s Order 12–
statement of the findings and conclu- 71, 36 FR 8754) will make his determina-
sions and reasons or bases therefor on tion on whether to grant final approval
all material issues of fact, law, or dis- to State plans in accordance with the
cretion which have been presented. The provisions of section 18(e) of the Occu-
tentative decision shall be published in pational Safety and Health Act of 1970
the FEDERAL REGISTER. (29 U.S.C. 667) (hereinafter referred to
(b) The State agency and other inter- as the Act).
ested persons participating in the hear-
ing may waive the tentative decision. § 1902.31 Definitions.
In such event the Assistant Secretary As used in this subpart, unless the
shall issue a final decision under context clearly indicates otherwise:
§ 1902.22. Act means the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et
§ 1902.22 Final decision following for- seq.)
mal proceeding. Affirmative 18(e) determination means
(a) Except when interested persons an affirmative determination under
participating in the hearing have section 18(e) of the Act that the State
waived the tentative decision under plan or any modification thereof, is in
§ 1902.21(b) interested persons partici- actual operation meeting the criteria
17
and indices of section 18(c) of the Act Separable portion of a plan for pur-
and subpart B of this part so as to war- poses of an 18(e) determination gen-
rant the withdrawal of the application erally means more than one industrial,
of discretionary Federal enforcement occupational or hazard grouping as de-
and standards authority from issues fined in § 1902.2(c)(1) which is adminis-
covered by the plan, or by any modi- tratively practicable and reasonably
fication thereof. separable from the remainder of the
Assistant Regional Director means the plan. (See 29 CFR 1952.6(a).)
Assistant Regional Director for Occu- [40 FR 54782, Nov. 26, 1975, as amended at 67
pational Safety and Health for the re- FR 60128, Sept. 25, 2002]
gion in which a State is located.
Assistant Secretary means the Assist- § 1902.32 General policies.
ant Secretary of Labor for Occupa- (a) Sections 18 (e) and (f) of the Act
tional Safety and Health. provide for the continuing evaluation
Commencement of a case under section and monitoring of State plans approved
18(e) of the Act means, for the purpose under section 18(c) of the Act. The As-
of retaining Federal jurisdiction de- sistant Secretary’s decision whether to
spite an affirmative 18(e) determina- grant an affirmative 18(e) determina-
tion, the issuance of a citation, and in tion will be based, in part, on the re-
the case of an imminent danger, the sults of these evaluations. Section 18(e)
initiation of enforcement proceedings provides that a period of not less than
under section 13 of the Act. 3 years shall have passed before the As-
Commencement of plan operations sistant Secretary may make a deter-
means the beginning of operations mination that the State program in ac-
under a plan following the approval of tual operations is applying the criteria
the plan by the Assistant Secretary of section 18(c) of the Act. In the case
and in no case may be later than the of a developmental plan, § 1902.2(b) of
effective date of the initial funding this part requires that the Assistant
grant provided under section 23(g) of Secretary must have at least one year
the Act. in which to evaluate the plan’s actual
Development step includes, but is not operations following the completion of
limited to, those items listed in the all developmental steps specified in the
published developmental schedule, or plan. Thus, to be considered for an 18(e)
any revisions thereof, for each plan determination, at least three years
contained in 29 CFR part 1952. A devel- shall have passed following commence-
opmental step also includes those ment of operations after the initial ap-
items specified in the plan as approved proval of a State’s occupational safety
under section 18(c) of the Act for com- and health plan by the Assistant Sec-
pletion by the State, as well as those retary. In the case of a developmental
items which under the approval deci- plan, at least one year shall have
sion were subject to evaluations. (See passed following the completion of all
e.g., approval of Colorado and Michigan developmental steps, but, in any event,
plans, 38 FR 25172, 38 FR 27388, respec- at least three years must have passed
tively), and changes deemed necessary following initial approval of the plan
as a result thereof to make the State before discretionary Federal enforce-
program at least as effective as the ment authority and standards may be
Federal program within the 3 years de- withdrawn from issues covered by an
velopmental period. (See 29 CFR approved plan.
1953.4(a)). (b) In making an 18(e) determination,
Initial approval means approval of a the Assistant Secretary will determine
State plan, or any modification there- if actual operations under a State’s
of, under section 18(c) of the Act and plan, or under a separable portion of
subpart C of this part. the plan, indicate that the State is ap-
Person means any individual, part- plying the criteria of section 18(c) of
nership, association, corporation, busi- the Act and the indices of effectiveness
ness trust, legal representative, orga- of subpart B of this part in a manner
nized group of individuals, or any agen- which renders operations under the
cy, authority or instrumentality of the plan ‘‘at least as effective as’’ oper-
United States or of a State. ations under the Federal program in
18
providing safe and healthful employ- determination and the resumption of

ment and places of employment within Federal enforcement and standards au-
the State. In making this determina- thority and/or in the commencement of
tion, the Assistant Secretary may con- proceedings for the withdrawal of ap-
sider such information which he deems proval of the plan, or any portion
appropriate for an informed decision. thereof, pursuant to 29 CFR part 1955.
(c) If the Assistant Secretary makes (f) The Assistant Secretary may re-
an affirmative 18(e) determination, the consider and, if necessary, rescind or
Federal enforcement provisions of sec- revoke all or a separable portion of an
tions 5(a) (2), 8 (except for the purposes affirmative 18(e) determination and re-
of continuing evaluations under sec-
instate concurrent Federal enforce-
tion 18(f) of the Act), 9, 10, 13 and 17 and
ment authority if he finds that a State
standards promulgated under section 6
of the Act shall not apply with respect does not maintain its commitment to
to those occupational safety and health provide a program for employee safety
issues covered under the plan which and health protection meeting the re-
have been given an affirmative 18(e) de- quirements of section 18(c) of the Act.
termination. However, the Assistant This authority is designed to be used in
Secretary may retain jurisdiction over instances where operations under a
proceedings commenced under sections State program are found to be less ef-
9, 10 and 13 of the Act before the date fective than under the Federal program
of his determination. In addition, the because of unusual circumstances
Assistant Secretary shall retain his ju- which are temporary in nature. The
risdiction under the anti-discrimina- Assistant Secretary may also use this
tion provisions of section 11(c) of the procedure to reinstate Federal enforce-
Act. ment authority in conjunction with
(d) If the Assistant Secretary deter- plan withdrawal proceedings in order
mines that a State plan, or any portion to ensure that there is no serious gap
thereof, has not met the criteria for an in his commitment to assure safe and
18(e) determination, he shall retain his healthful working conditions so far as
authority under the enforcement provi- possible for every employee.
sions of sections 5(a) (2), 8, 9, 10, 13, and
17 and his standards authority under COMPLETION OF DEVELOPMENTAL
section 6 of the Act in the issues found STEPS—CERTIFICATION
ineligible for an 18(e) determination. In
addition, his decision may result in the § 1902.33 Developmental period.
commencement of proceedings for
Upon the commencement of plan op-
withdrawal of approval of the plan, or
any separable portion thereof, under 29 erations after the initial approval of a
CFR part 1955. State’s plan by the Assistant Sec-
(e) Once a State’s plan, or any modi- retary, a State has three years in
fication thereof, has been given an af- which to complete all of the develop-
firmative 18(e) determination, the mental steps specified in the plan as
State is required to maintain a pro- approved. Section 1953.4 of this chapter
gram which will meet the requirements sets forth the procedures for the sub-
of section 18 (c) and will continue to be mission and consideration of develop-
‘‘at least as effective as’’ the Federal mental changes by OSHA. Generally,
program operations in the issues cov- whenever a State completes a develop-
ered by the determination. As the Fed- mental step, it must submit the result-
eral program changes and thereby being plan change as a supplement to its
comes more effective, the State is cor- plan to OSHA for approval. OSHA’s ap-
respondingly required to adjust its pro- proval of such changes is then pub-
gram at a level which would provide a lished in the FEDERAL REGISTER and
program for workplace safety and the pertinent subparts of part 1952 of
health which would be ‘‘at least as ef- this chapter are amended to reflect the
fective as’’ the improvements in the completion of a developmental step.
Federal program. A failure to comply
with this requirement may result in [67 FR 60128, Sept. 25, 2002]
the revocation of the affirmative 18(e)
19
§ 1902.34 Certification of completion of completed all the developmental steps

developmental steps. specified in the plan, he shall publish
(a) Upon the completion of all of the the certification in the FEDERAL REG-
developmental steps in a State’s plan, ISTER and amend the appropriate sub-
which is to be accomplished not later part of part 1952 of this chapter to re-
than three years following commence- flect this finding.
ment of plan operations after approval
§ 1902.35 Effect of certification.
of the plan by the Assistant Secretary
under section 18(c), the Assistant Re- Publication of the certification ac-
gional Director shall certify, as pro- knowledging the completion of all of
vided in paragraph (b) of this section, the developmental steps in a State’s
that all developmental steps in the plan will automatically initiate the
plan have been met and that the evaluation of a State’s plan for the
State’s program is to be evaluated on purposes of an 18(e) determination.
the basis of its eligibility for an 18(e) Evaluation for the purposes of an 18(e)
determination after at least one year determination will continue for at
of evaluations of the plan. least one year after the publication of
(b) Upon determining that a State the certification in the FEDERAL REG-
has completed all of its developmental ISTER. Federal enforcement authority
steps, the Assistant Regional Director under sections 5(a)(2), 8, 9, 10, 11(c), 13,
shall prepare a certification which he and 17 of the Act and Federal standards
shall promptly forward to the Assist- authority under section 6 of the Act
ant Secretary. The certification shall will not be relinquished during the
include, but shall not be limited to, the evaluation period. Evaluation con-
following; ducted for 18(e) determination purposes
(1) A list of all developmental steps will be based on the criteria set forth
or revisions thereof, plan amendments in §§ 1902.37 and 1902.38.
or changes which result in the comple-
tion of the steps or revisions thereof, BASIS FOR 18(e) DETERMINATIONS
and the dates the Assistant Secretary’s
or the Assistant Regional Director’s § 1902.36 General provisions.
approval of each change was published (a) In making his evaluation of the
in the FEDERAL REGISTER; actual operations of a State’s plan for
(2) Substantive changes, if any, in the purposes of an 18(e) determination,
the State program which were ap- the Assistant Secretary shall consider
proved by the Assistant Secretary and all relevant data which will aid him in
their dates of publication in the FED- making an effective determination. In
ERAL REGISTER; his evaluation he shall consider wheth-
(3) Documentation that the legal er the requirements of section 18(c) of
basis for the applicable State merit the Act and the criteria for State plans
system has been approved by the U.S. outlined in subpart B of this part as
Civil Service Commission and that the well as those in § 1902.37 are being ap-
actual operations of the State merit plied in actual operations for a reason-
system has been found acceptable by able period of time in a manner which
the Occupational Safety and Health warrants the termination of concur-
Administration with the advice of the rent Federal enforcement authority
U.S. Civil Service Commission; and and standards in issues covered under
(4) A description of the issues which the plan.
are covered by the State plan. Where (b) The Assistant Secretary’s evalua-
applicable, the certification shall in- tion for an 18(e) determination will be
clude a description of those separable addressed to consideration of whether
portions of the plan which have been the criteria and indices in § 1902.37(a)
certified for 18(e) evaluation purposes are being applied by the State in such
as well as those portions of the plan a manner as to render its program in
which were not certified by the Assist- operation at least as effective as oper-
ant Regional Director. ations under the Federal program. In
(c) After a review of the certification considering the question of such appli-
and the State’s plan, if the Assistant cation, the Assistant Secretary shall
Secretary finds that the State has also consider the factors provided
20
under § 1902.37(b). The Assistant Sec- (5) If any State standard, whether it
retary’s evaluation may include such is an adopted Federal standard or a
other information on the application of standard developed by a State, has
the criteria and indices in § 1902.37 such been subject to administrative or judi-
as information developed from com- cial challenge, the State has taken the
ments received from the public and the necessary administrative, judicial or
results of any hearings which may have legislative action to correct any defi-
been held under § 1902.40 concerning the ciencies in its program resulting from
proposed 18(e) determination. such challenge.
(6) In granting permanent variances
§ 1902.37 Factors for determination. from a standard the State has assured
(a) The Assistant Secretary shall de- that the employer provides conditions
termine if the State has applied and of employment which are as safe and
implemented all the specific criteria healthful as those which would prevail
and indices of effectiveness of §§ 1902.3 if he complied with the standard.
and 1902.4 of this part. (7) In granting temporary variances
(b) In determining whether a State from a standard, the State has ensured
has applied the criteria and indices of that the recipient of the variance has
effectiveness in paragraph (a) of this come into compliance with the stand-
section in actual operations, the As- ard as early as possible.
sistant Secretary will, among other (8) The State inspection program is
things related to the application of the being implemented in a manner which
criteria and indices, consider whether: allows a sufficient allocation of re-
(1) The State has a sufficient number sources to be directed toward target in-
of adequately trained and competent dustries and target health hazards as
personnel to discharge its responsibil- designated by the State while pro-
ities under the plan. viding adequate attention to all other
(2) The State has adhered to the pro- workplaces covered under the plan, or
cedures which it has adopted and which any modification thereof.
have been approved either under the
(9) The State exercises the authority
State plan or in State plan changes or
through appropriate means, to enforce
under any other procedures for ap-
its right of entry and inspection wher-
proval authorized by the Assistant Sec-
ever such right of entry or inspection
retary.
is refused.
(3) The State has timely adopted all
Federal standards, and amendments (10) Inspections of workplaces are
thereto, for issues covered under the conducted by State inspectors in a
plan or has timely developed and pro- competent manner, following approved
mulgated standards which are at least enforcement procedures. This includes
as effective as the comparable Federal a requirement that the inspectors ob-
standards and amendments thereto. tain adequate information to support
(4) If the State has adopted Federal any citations which may be issued.
standards, the State’s interpretation (11) The State issues citations, pro-
and application of such standards have posed penalties and notices for failure
been consistent with the applicable to abate in a timely manner.
Federal interpretation and application. (12) The State proposes penalties in a
Where the State has developed and pro- manner at least as effective as under
mulgated its own standards, such the Federal program, including the
standards have been interpreted and proposing of penalties for first instance
applied in a manner which is at least as violations and the consideration of fac-
effective as the interpretation and ap- tors comparable to those required to be
plication of comparable Federal stand- considered under the Federal program.
ards. This requirement acknowledges (13) The State ensures the abatement
that State standards may have been of hazards for which a citation has
approved by the Assistant Regional Di- been issued, including the issuance of
rector, but emphasizes the requirement notices of failure to abate and appro-
that the standards are to be at least as priate penalties.
effective as the comparable Federal (14) Wherever appropriate, the State
standards in actual operations. agency has sought administrative and
21
judicial review of adverse adjudica- § 1902.39 Completion of evaluation.

tions. This factor also addresses wheth- (a) After evaluating the actual oper-
er the State has taken the appropriate ations of the State plan, or any portion
and necessary administrative, legisla- thereof, for at least 1 year following
tive or judicial action to correct any publication of the certification in the
deficiencies in its enforcement pro- FEDERAL REGISTER under § 1902.34, the
gram resulting from an adverse admin- Assistant Secretary shall notify the
istrative or judicial determination. State whenever he determines that the
(15) Insofar as it is available, analysis State will be eligible for an 18(e) deter-
of the annual occupational safety and mination. In addition, a State may re-
health survey by the Bureau of Labor quest an 18(e) determination following
Statistics, as well as of other available the evaluation period noted above. In
Federal and State measurements of no case shall this determination of eli-
program impact on worker safety and gibility be later than 2 years following
health, which analysis also takes into the publication of the certification of
consideration various local factors, in- the completion of developmental steps
dicates that trends in worker safety in the FEDERAL REGISTER under
and health injury and illness rates § 1902.34. In the case of a plan which was
under the State program compare fa- not developmental, the determination
vorably to those under the Federal proof eligibility shall not be sooner than 3
gram. years following the date of commence-
[40 FR 54782, Nov. 26, 1975; 40 FR 58143, Dec.
ment of operations under the plan.
15, 1975] (b) After it has been determined that
a State will be eligible for an 18(e) de-
PROCEDURES FOR 18(e) DETERMINATION termination, the Assistant Regional
Director shall prepare a final report of
§ 1902.38 Evaluation of plan following his evaluation of the actual operations
certification. under a State’s plan or portion thereof
(a) Following the publication in the which may be subject to the 18(e) de-
FEDERAL REGISTER under § 1902.34 of the termination. The Assistant Regional
certification acknowledging the com- Director’s report shall be transmitted
pletion of all developmental steps spec- to the Assistant Secretary. The Assist-
ant Secretary shall transmit such re-
ified in the plan, or any portion there-
port to the State and the State shall
of, the Assistant Secretary will evalu-
have an opportunity to respond to the
ate and monitor the actual operations
report.
under the State plan for at least 1 year
(c) Whenever it has been determined
before determining whether the State
that a State’s plan, or separable por-
is eligible for an 18(e) determination.
tion thereof, is eligible for an 18(e) de-
The evaluation will assess the actual
termination, the Assistant Secretary
operation of the State’s fully imple-
shall publish a notice in the FEDERAL
mented program in accordance with
REGISTER. The notice shall meet the re-
the criteria in § 1902.37 and take into
quirements of the remaining para-
account any information available to
graphs of this section. No later than 10
the Assistant Secretary affecting the
days following the publication of the
State’s program.
notice in the FEDERAL REGISTER, the
(b) The Assistant Regional Director affected State agency shall publish, or
shall prepare a semi-annual report of cause to be published, within the State,
his evaluation of the actual operations reasonable notice containing the same
under the State plan or any portion information.
thereof in narrative form. The Assist- (d) The notice shall indicate that the
ant Regional Director’s evaluation re- plan, or any separable portion thereof,
port will be transmitted to the Assist- is in issue before the Assistant Sec-
ant Secretary who will then transmit retary for a determination as to wheth-
the report to the State. The State shall er the criteria in section 18(c) of the
be afforded an opportunity to respond Act are being applied in actual oper-
to each evaluation report. ation, and indicate the particular sub-
[40 FR 54782, Nov. 26, 1975, as amended at 42 stantive issues, if any, for consider-
FR 58746, Nov. 11, 1977] ation in making such determination.
22
Where a portion of a plan is in issue for § 1902.40 Informal hearing.

such a determination, the notice shall
(a) Any hearing conducted under this
specify such portions of the plan as
section shall be legislative in type.
well as those portions of the plan However, fairness may require an op-
which are not in issue for the deter- portunity for cross-examination on
mination. pertinent issues. The presiding officer
(e) The notice shall afford interested is empowered to permit cross-examina-
persons an opportunity to submit in tion under such circumstances. The es-
writing, data, views, and arguments on sential intent is to provide an oppor-
the proposed 18(e) determination, and tunity for participation and comment
the affected State an opportunity to by interested persons which can be car-
respond to such submissions. ried out expeditiously and without
(f) The notice shall also state that rigid procedures which might unduly
any interested person or the affected impede or protract the 18(e) determina-
State may request an informal hearing tion process.
concerning the proposed 18(e) deter- (b) Although the hearing shall be in-
mination whenever particularized writ- formal and legislative in type, this sec-
ten objections thereto are filed within tion is intended to provide more than
35 days following publication of the no- the bare essentials of informal pro-
tice in the FEDERAL REGISTER. ceedings under 5 U.S.C. 553. The addi-
(g) If the Assistant Secretary finds tional requirements are the following:
that substantial objections are filed (1) The presiding officer shall be a
which relate to the proposed 18(e) de- hearing examiner appointed under 5
termination, the Assistant Secretary U.S.C. 3105.
shall, and in any other case may, pub- (2) The presiding officer shall provide
lish a notice of informal hearing in the an opportunity for cross-examination
FEDERAL REGISTER not later than 30 on pertinent issues.
days after the last day for filing writ- (3) The hearing shall be reported ver-
ten views or comments. The notice batim, and a transcript shall be avail-
shall include: able to any interested person on such
(1) A statement of the time, place terms as the presiding officer may pro-
and nature of the proceeding; vide.
(2) A specification of the substantial (c) The officer presiding at a hearing
issues which have been raised and on shall have all the power necessary or
which an informal hearing has been re- appropriate to conduct a fair and full
quested; hearing, including the powers:
(3) The requirement for the filing of (1) To regulate the course of the pro-
ceedings;
an intention to appear at the hearing,
together with a statement of the posi- (2) To dispose of procedural requests,
objections, and comparable matters;
tion to be taken with regard to the
issues specified, and of the evidence to (3) To confine the presentation to the
be adduced in support of the position; issues specified in the notice of hear-
ing, or, where appropriate, to matters
(4) The designation of a presiding of-
pertinent to the issue before the As-
ficer to conduct the hearing; and
sistant Secretary;
(5) Any other appropriate provisions (4) To regulate the conduct of those
with regard to the proceeding. present at the hearing by appropriate
(h) Not later than 10 days following means;
the publication of the notice in the (5) To take official notice of material
FEDERAL REGISTER, required by para- facts not appearing in the evidence in
graph (g) of this section, the affected the record, as long as the parties are
agency shall publish, or cause to be afforded an opportunity to show evi-
published, within the State reasonable dence to the contrary;
notice containing the same informa- (6) In his discretion, to keep the
tion. record open for a reasonable and speci-
EFFECTIVE DATE NOTE: At 43 FR 11196, Mar. fied time to receive additional written
17, 1978, § 1902.39(a) was suspended indefi- recommendations with supporting rea-
nitely, effective January 20, 1978. sons and any additional data, views,
23
and arguments from any person who tion thereof, in accordance with the
has participated in the oral proceeding. criteria of section 18(c) of the Act and
(d) Upon the completion of the oral that the State has applied the provi-
presentations, the transcripts thereof, sions of this part in a manner which
together with written submissions on renders the actual operations of the
the proceedings, exhibits filed during State program ‘‘at least as effective
the hearing, and all posthearing com- as’’ operations under the Federal pro-
ments, recommendations, and sup- gram.
porting reasons shall be certified by (b) In the case of an affirmative 18(e)
the officer presiding at the hearing to determination of a separable portion(s)
the Assistant Secretary. of a plan, the Assistant Secretary de-
termines that the State has applied the
§ 1902.41 Decision. separable portion(s) of the plan in ac-
(a) Within a reasonable time gen- cordance with the criteria of section
erally within 120 days after the expira- 18(c) of the Act in a manner com-
tion of the period provided for the sub- parable to Federal operations covering
mission of written data, views, and ar- such portions and that the criteria of
guments on the issues on which no this part are being applied in a manner
hearing is held, or within a reasonable which renders the actual operations of
time, generally not to exceed 120 days such separable portion(s) of the State
after the certification of the record of program ‘‘at least as effective as’’ oper-
a hearing, the Assistant Secretary ations of such portions under the Fed-
shall publish his decision in the FED- eral program.
ERAL REGISTER. His decision shall state (c) Upon making an affirmative 18(e)
whether or not an affirmative 18(e) de- determination, the standards promul-
termination has been made for the gated under section 6 of the Act and
State plan or any separable portion the enforcement provisions of section
thereof, or whether he intends to with- 5(a)(2), 8 (except for the purpose of con-
draw approval of the plan or any por- tinuing evaluations under section 18(f)
tion thereof pursuant to part 1955 of of the Act), 9, 10, 13 and 17 of the Act
this chapter. The action of the Assist- shall not apply with respect to those
ant Secretary shall be taken after con- occupational safety and health issues
sideration of all information, including covered under the plan for which an af-
his evaluations of the actual oper- firmative 18(e) determination has been
ations of the plan, and information pre- granted. The Assistant Secretary shall
sented in written submissions and in retain his authority under the above
any hearings held under this subpart. sections for those issues covered in the
(b) Any decision under this section plan which have not been granted an
shall incorporate a concise statement affirmative 18(e) determination.
of its grounds and purpose and shall re- (d) The Assistant Secretary will re-
spond to any substantial issues which tain jurisdiction under the citation and
may have been raised in written sub- contest provisions of sections 9 and 10
missions or at the hearing. of the Act and the imminent-danger
(c) All decisions resulting in an af- provisions of section 13 where such pro-
firmative 18(e) determination shall ceedings have been commenced prior to
contain provisions amending the appro- the date of his determination.
priate subparts of part 1952 of this
chapter. § 1902.43 Affirmative 18(e) decision.
(d) All decisions concerning the As- (a) In publishing his affirmative 18(e)
sistant Secretary’s determination decision in the FEDERAL REGISTER the
under section 18(e) of the Act shall be Assistant Secretary’s notice shall in-
published in the FEDERAL REGISTER. clude, but shall not be limited to the
following:
§ 1902.42 Effect of affirmative 18(e) de- (1) Those issues under the plan over
termination. which the Assistant Secretary is with-
(a) In making an affirmative 18(e) de- drawing his standards and enforcement
termination, the Assistant Secretary authority;
determines that a State has applied the (2) A statement that the Assistant
provisions of its plan, or any modifica- Secretary retains his authority under
24
section 11(c) of the Act with regard to of the plan or any portion thereof pur-
complaints alleging discrimination suant to part 1955 of this chapter.
against employees because of the exer-
cise of any right afforded to the em- § 1902.45 [Reserved]
ployee by the Act;
(3) Amendments to the appropriate § 1902.46 Negative 18(e) determination.
subpart of part 1952 of this chapter; (a) This section sets out the proce-
(4) A statement that the Assistant dures which shall be followed whenever
Secretary is not precluded from revok- the Assistant Secretary determines
ing his determination and reinstating that a State’s plan, or any separate
his standards and enforcement author- portion thereof, has not met the cri-
ity under § 1902.47 et seq., if his con- teria for an affirmative 18(e) deter-
tinuing evaluations under section 18(f) mination.
of the Act show that the State has sub- (b) If the Assistant Secretary deter-
stantially failed to maintain a program mines that a State plan, or a separable
which is at least as effective as oper- portion thereof, has not met the cri-
ations under the Federal program, or if teria of section 18(c) of the Act and
the State does not submit program that actual operations under the plan,
change supplements to its plan to the or portion thereof, have not met the
Assistant Secretary as required by 29 criteria for an affirmative determina-
CFR part 1953. tion set forth in § 1902.37, he shall re-
tain his standards authority under sec-
§ 1902.44 Requirements applicable to tion 6 of the Act and his enforcement
State plans granted affirmative authority under sections 5(a)(2), 8, 9, 10,
18(e) determinations. 13, and 17 of the Act for those issues
(a) A State whose plan, or modifica- covered under the plan or such portions
tion thereof, has been granted an af- of the plan which were subject to his
firmative 18(e) determination will be negative determination.
required to maintain a program within (c) A decision under this section may
the scope of such determination which result in the commencement of pro-
will be ‘‘at least as effective as’’ oper- ceedings for withdrawal of approval of
ations under the Federal program in the plan or any separable portion
providing employee safety and health thereof pursuant to part 1955 of this
protection at covered workplaces with- chapter.
in the comparable scope of the Federal (d) Where the Assistant Secretary de-
program. This requirement includes termines that operations under a State
submitting all required reports to the plan or any separable portion thereof
Assistant Secretary, as well as submit- have not met the criteria for an affirm-
ting supplements to the Assistant Sec- ative 18(e) determination, but are not
retary for his approval whenever there of such a nature as to warrant the ini-
is a change in the State’s program, tiation of withdrawal proceedings, the
whenever the results of evaluations Assistant Secretary may, at his discre-
conducted under section 18(f) show that tion, afford the State a reasonable time
some portion of a State plan has an ad- to meet the criteria for an affirmative
verse impact on the operations of the 18(e) determination after which time
State plan or whenever the Assistant he may initiate proceedings for with-
Secretary determines that any alter- drawal of plan approval. This discre-
ation in the Federal program could tionary authority will be applied in the
have an adverse impact on the ‘‘at following manner:
least as effective as’’ status of the (1) Upon determining that a State
State program. See part 1953 of this shall be subject to a final 18(e) deter-
chapter. mination, the Assistant Secretary
(b) A substantial failure to comply shall notify the agency designated by
with the requirements of this section the State to administer its program,
may result in the revocation of the af- within the State of his decision that
firmative 18(e) determination and the the State’s program, or a separable
resumption of Federal enforcement au- portion thereof, shall be subject to a
thority, and may also result in pro- final 18(e) determination. The Assist-
ceedings for the withdrawal of approval ant Secretary shall give the State a
25
reasonable time, generally not less determination, he shall publish a no-

than 1 year, in which to meet the cri- tice in the FEDERAL REGISTER meeting
teria for an affirmative 18(e) deter- the requirements of the remaining
mination. paragraphs of this section. No later
(2) The Assistant Secretary shall also than 10 days following the publication
publish a notice in the FEDERAL REG- of the notice in the FEDERAL REGISTER,
ISTER outlining his reasons for not the affected State agency shall publish,
making an affirmative 18(e) determina- or cause to be published, reasonable no-
tion at the time. The notice will also tice within the State containing the
set forth the reasonable time the State same information.
was granted to meet the criteria for an (b) The notice shall indicate the rea-
affirmative 18(e) determination and set sons for the proposed action.
forth such conditions as the Assistant (c) The notice shall afford interested
Secretary deems proper for the con- persons including the affected State,
tinuation of the State’s plan or such an opportunity to submit in writing,
portions subject to this action. data, views, and arguments on the pro-
(3) The State shall be afforded an op- posal within 35 days after publication
portunity to agree to the conditions of of the notice in the FEDERAL REGISTER.
the Assistant Secretary’s decision. The notice shall also provide that any
(4) Upon the expiration of the time interested person may request an infor-
granted to a State to meet the criteria mal hearing concerning the proposed
for an affirmative 18(e) determination revocation whenever particularized
under paragraph (d)(2) of this section, written objections thereto are filed
the Assistant Secretary may initiate within 35 days following publication of
proceedings to determine whether a the notice in the FEDERAL REGISTER. If
State shall be granted an affirmative the Assistant Secretary finds that sub-
18(e) determination. The procedures stantial objections have been filed, he
outlined in this subpart shall be appli- shall afford an informal hearing on the
cable to any proceedings initiated proposed revocation under § 1902.50.
under this paragraph. (d) The Assistant Secretary may,
upon his own initiative, give notice of
PROCEDURE FOR RECONSIDERATION AND an informal hearing affording an oppor-
REVOCATION OF AN AFFIRMATIVE 18(e) tunity for oral comments concerning
DETERMINATION the proposed revocation.
§ 1902.47 Reconsideration of an affirm- § 1902.50 Informal hearing.
ative 18(e) determination.
Any informal hearing shall be legis-
(a) The Assistant Secretary may at lative in type. The rules of procedure
any time reconsider on his own initia- for each hearing shall be those con-
tive or on petition of an interested per- tained in § 1902.40 and will be published
son his decision granting an affirma- with the notice thereof.
tive 18(e) determination.
(b) Such reconsideration shall be § 1902.51 Certification of the records
based on results of his continuing eval- of a hearing.
uation of a State plan after it has been Upon completion of an informal hear-
granted an affirmative 18(e) determina- ing, the transcript thereof, together
tion. with written submissions, exhibits filed
during the hearing, and any post-hear-
§ 1902.48 The proceeding. ing presentations shall be certified by
Whenever, as a result of his reconsid- the officer presiding at the hearing to
eration, the Assistant Secretary pro- the Assistant Secretary.
poses to revoke his affirmative 18(e) de-
termination, he shall follow the proce- § 1902.52 Decision.
dures in the remaining sections of this (a) After consideration of all relevant
subpart. information which has been presented,
the Assistant Secretary shall issue a
§ 1902.49 General notice. decision on the continuation or revoca-
(a) Whenever the Assistant Secretary tion of the affirmative 18(e) determina-
proposes to revoke an affirmative 18(e) tion.
26
(b) The decision revoking the deter- Section 1903.7 also issued under 5 U.S.C.
mination shall also reflect the Assist- 553.
ant Secretary’s determination that SOURCE: 36 FR 17850, Sept. 4, 1971, unless
concurrent Federal enforcement and otherwise noted.
standards authority will be reinstated
within the State for a reasonable time § 1903.1 Purpose and scope.
until he has withdrawn his approval of The Williams-Steiger Occupational
the plan, or any separable portion Safety and Health Act of 1970 (84 Stat.
thereof, pursuant to part 1955 of this 1590 et seq., 29 U.S.C. 651 et seq.) re-
chapter or he has determined that the quires, in part, that every employer
State has met the criteria for an 18(e) covered under the Act furnish to his
determination pursuant to the applica- employees employment and a place of
ble procedures of this subpart. employment which are free from recog-
nized hazards that are causing or are
§ 1902.53 Publication of decisions. likely to cause death or serious phys-
All decisions on the reconsideration ical harm to his employees. The Act
of an affirmative 18(e) determination also requires that employers comply
shall be published in the FEDERAL REG- with occupational safety and health
ISTER. standards promulgated under the Act,
and that employees comply with stand-
PART 1903—INSPECTIONS, CITA- ards, rules, regulations and orders
TIONS AND PROPOSED PEN- issued under the Act which are applica-
ble to their own actions and conduct.
ALTIES The Act authorizes the Department of
Labor to conduct inspections, and to
Sec.
1903.1 Purpose and scope. issue citations and proposed penalties
1903.2 Posting of notice; availability of the for alleged violations. The Act, under
Act, regulations and applicable stand- section 20(b), also authorizes the Sec-
ards. retary of Health, Education, and Wel-
1903.3 Authority for inspection. fare to conduct inspections and to
1903.4 Objection to inspection. question employers and employees in
1903.5 Entry not a waiver. connection with research and other re-
1903.6 Advance notice of inspections. lated activities. The Act contains pro-
1903.7 Conduct of inspections.
1903.8 Representatives of employers and em-
visions for adjudication of violations,
ployees. periods prescribed for the abatement of
1903.9 Trade secrets. violations, and proposed penalties by
1903.10 Consultation with employees. the Occupational Safety and Health
1903.11 Complaints by employees. Review Commission, if contested by an
1903.12 Inspection not warranted; informal employer or by an employee or author-
review. ized representative of employees, and
1903.13 Imminent danger. for judicial review. The purpose of this
1903.14 Citations; notices of de minimis vio-
part 1903 is to prescribe rules and to set
lations; policy regarding employee res-
cue activities. forth general policies for enforcement
1903.14a Petitions for modification of abate- of the inspection, citation, and pro-
ment date. posed penalty provisions of the Act. In
1903.15 Proposed penalties. situations where this part 1903 sets
1903.16 Posting of citations. forth general enforcement policies
1903.17 Employer and employee contests be- rather than substantive or procedural
fore the Review Commission. rules, such policies may be modified in
1903.18 Failure to correct a violation for
specific circumstances where the Sec-
which a citation has been issued.
1903.19 Abatement verification. retary or his designee determines that
1903.20 Informal conferences. an alternative course of action would
1903.21 State administration. better serve the objectives of the Act.
1903.22 Definitions.
§ 1903.2 Posting of notice; availability
AUTHORITY: Sections 8 and 9 of the Occupa- of the Act, regulations and applica-
tional Safety and Health Act of 1970 (29 ble standards.
U.S.C. 657, 658); 5 U.S.C. 553; Secretary of La-
bor’s Order No. 1–90 (55 FR 9033) or 6–96 (62 (a)(1) Each employer shall post and
FR 111), as applicable. keep posted a notice or notices, to be
27
furnished by the Occupational Safety tablishment, to the extent that such

and Health Administration, U.S. De- notices have been furnished by the Oc-
partment of Labor, informing employ- cupational Safety and Health Adminis-
ees of the protections and obligations tration, U.S. Department of Labor.
provided for in the Act, and that for as- Where employers are engaged in activi-
sistance and information, including ties which are physically dispersed,
copies of the Act and of specific safety such as agriculture, construction,
and health standards, employees transportation, communications, and
should contact the employer or the electric, gas and sanitary services, the
nearest office of the Department of notice or notices required by this sec-
Labor. Such notice or notices shall be tion shall be posted at the location to
posted by the employer in each estab- which employees report each day.
lishment in a conspicuous place or Where employees do not usually work
places where notices to employees are at, or report to, a single establishment,
customarily posted. Each employer such as longshoremen, traveling sales-
shall take steps to insure that such no- men, technicians, engineers, etc., such
tices are not altered, defaced, or cov- notice or notices shall be posted at the
ered by other material. location from which the employees op-
(2) Where a State has an approved erate to carry out their activities. In
poster informing employees of their all cases, such notice or notices shall
protections and obligations as defined be posted in accordance with the re-
in § 1952.10 of this chapter, such poster, quirements of paragraph (a) of this sec-
when posted by employers covered by tion.
the State plan, shall constitute compli- (c) Copies of the Act, all regulations
ance with the posting requirements of published in this chapter and all appli-
section 8(c)(1) of the Act. Employers cable standards will be available at all
whose operations are not within the Area Offices of the Occupational Safety
issues covered by the State plan must and Health Administration, U.S. De-
comply with paragraph (a)(1) of this partment of Labor. If an employer has
section. obtained copies of these materials, he
(3) Reproductions or facsimiles of shall make them available upon re-
such Federal or State posters shall quest to any employee or his author-
constitute compliance with the posting ized representative for review in the es-
requirements of section 8(c)(1) of the tablishment where the employee is em-
Act where such reproductions or fac- ployed on the same day the request is
similes are at least 81⁄2 inches by 14 made or at the earliest time mutually
inches, and the printing size is at least convenient to the employee or his au-
10 pt. Whenever the size of the poster thorized representative and the em-
increases, the size of the print shall ployer.
also increase accordingly. The caption (d) Any employer failing to comply
or heading on the poster shall be in with the provisions of this section shall
large type, generally not less than 36 be subject to citation and penalty in
pt. accordance with the provisions of sec-
(b) Establishment means a single phys- tion 17 of the Act.
ical location where business is con- [36 FR 17850, Sept. 4, 1971, as amended at 39
ducted or where services or industrial FR 39036, Nov. 5, 1974]
operations are performed. (For exam-
ple: A factory, mill, store, hotel, res- § 1903.3 Authority for inspection.
taurant, movie theatre, farm, ranch, (a) Compliance Safety and Health Of-
bank, sales office, warehouse, or cen- ficers of the Department of Labor are
tral administrative office.) Where dis- authorized to enter without delay and
tinctly separate activities are per- at reasonable times any factory, plant,
formed at a single physical location establishment, construction site, or
(such as contract construction activi- other area, workplace or environment
ties from the same physical location as where work is performed by an em-
a lumber yard), each activity shall be ployee of an employer; to inspect and
treated as a separate physical estab- investigate during regular working
lishment, and a separate notice or no- hours and at other reasonable times,
tices shall be posted in each such es- and within reasonable limits and in a
28
reasonable manner, any such place of mediately report the refusal and the
employment, and all pertinent condi- reason therefor to the Area Director.
tions, structures, machines, apparatus, The Area Director shall consult with
devices, equipment and materials the Regional Solicitor, who shall take
therein; to question privately any em- appropriate action, including compul-
ployer, owner, operator, agent or em- sory process, if necessary.
ployee; and to review records required (b) Compulsory process shall be
by the Act and regulations published in sought in advance of an attempted in-
this chapter, and other records which spection or investigation if, in the
are directly related to the purpose of
judgment of the Area Director and the
the inspection. Representatives of the
Regional Solicitor, circumstances exist
Secretary of Health, Education, and
Welfare are authorized to make inspec- which make such preinspection process
tions and to question employers and desirable or necessary. Some examples
employees in order to carry out the of circumstances in which it may be
functions of the Secretary of Health, desirable or necessary to seek compul-
Education, and Welfare under the Act. sory process in advance of an attempt
Inspections conducted by Department to inspect or investigate include (but
of Labor Compliance Safety and Health are not limited to):
Officers and representatives of the Sec- (1) When the employer’s past practice
retary of Health, Education, and Wel- either implicitly or explicitly puts the
fare under section 8 of the Act and pur- Secretary on notice that a warrantless
suant to this part 1903 shall not affect inspection will not be allowed;
the authority of any State to conduct (2) When an inspection is scheduled
inspections in accordance with agree- far from the local office and procuring
ments and plans under section 18 of the a warrant prior to leaving to conduct
Act. the inspection would avoid, in case of
(b) Prior to inspecting areas con- refusal of entry, the expenditure of sig-
taining information which is classified nificant time and resources to return
by an agency of the United States Gov-
to the office, obtain a warrant and re-
ernment in the interest of national se-
turn to the worksite;
curity, Compliance Safety and Health
Officers shall have obtained the appro- (3) When an inspection includes the
priate security clearance. use of special equipment or when the
presence of an expert or experts is
§ 1903.4 Objection to inspection. needed in order to properly conduct the
(a) Upon a refusal to permit the Com- inspection, and procuring a warrant
pliance Safety and Health Officer, in prior to an attempt to inspect would
exercise of his official duties, to enter alleviate the difficulties or costs en-
without delay and at reasonable times countered in coordinating the avail-
any place of employment or any place ability of such equipment or expert.
therein, to inspect, to review records, (c) With the approval of the Regional
or to question any employer, owner, Administrator and the Regional Solic-
operator, agent, or employee, in ac- itor, compulsory process may also be
cordance with § 1903.3 or to permit a obtained by the Area Director or his
representative of employees to accom- designee.
pany the Compliance Safety and (d) For purposes of this section, the
Health Officer during the physical in- term compulsory process shall mean
spection of any workplace in accord- the institution of any appropriate ac-
ance with § 1903.8, the Safety and tion, including ex parte application for
Health Officer shall terminate the in- an inspection warrant or its equiva-
spection or confine the inspection to lent. Ex parte inspection warrants shall
other areas, conditions, structures, ma- be the preferred form of compulsory
chines, apparatus, devices, equipment, process in all circumstances where
materials, records, or interviews con- compulsory process is relied upon to
cerning which no objection is raised. seek entry to a workplace under this
The Compliance Safety and Health Of-
section.
ficer shall endeavor to ascertain the
reason for such refusal, and shall im- [45 FR 65923, Oct. 3, 1980]
29
§ 1903.5 Entry not a waiver. tion. An employer who fails to comply

with his obligation under this para-
Any permission to enter, inspect, re-
graph promptly to inform the author-
view records, or question any person,
shal not imply or be conditioned upon ized representative of employees of the
a waiver of any cause of action, cita- inspection or to furnish such informa-
tion, or penalty under the Act. Compli- tion as is necessary to enable the Com-
ance Safety and Health Officers are not pliance Safety and Health Officer
authorized to grant any such waiver. promptly to inform such representative
of the inspection, may be subject to ci-
§ 1903.6 Advance notice of inspections. tation and penalty under section 17(c)
of the Act. Advance notice in any of
(a) Advance notice of inspections
the situations described in paragraph
may not be given, except in the fol-
lowing situations: (a) of this section shall not be given
(1) In cases of apparent imminent more than 24 hours before the inspec-
danger, to enable the employer to tion is scheduled to be conducted, ex-
abate the danger as quickly as possible; cept in apparent imminent danger situ-
(2) In circumstances where the in- ations and in other unusual cir-
spection can most effectively be con- cumstances.
ducted after regular business hours or (c) The Act provides in section 17(f)
where special preparations are nec- that any person who gives advance no-
essary for an inspection; tice of any inspection to be conducted
(3) Where necessary to assure the under the Act, without authority from
presence of representatives of the em- the Secretary or his designees, shall,
ployer and employees or the appro- upon conviction, be punished by fine of
priate personnel needed to aid in the not more than $1,000 or by imprison-
inspection; and ment for not more than 6 months, or by
(4) In other circumstances where the both.
Area Director determines that the giv-
§ 1903.7 Conduct of inspections.
ing of advance notice would enhance
the probability of an effective and (a) Subject to the provisions of
thorough inspection. § 1903.3, inspections shall take place at
(b) In the situations described in such times and in such places of em-
paragraph (a) of this section, advance ployment as the Area Director or the
notice of inspections may be given only Compliance Safety and Health Officer
if authorized by the Area Director, ex- may direct. At the beginning of an in-
cept that in cases of apparent immi- spection, Compliance Safety and
nent danger, advance notice may be Health Officers shall present their cre-
given by the Compliance Safety and dentials to the owner, operator, or
Health Officer without such authoriza- agent in charge at the establishment;
tion if the Area Director is not imme- explain the nature and purpose of the
diately available. When advance notice inspection; and indicate generally the
is given, it shall be the employer’s re- scope of the inspection and the records
sponsibility promptly to notify the au- specified in § 1903.3 which they wish to
thorized representative of employees of review. However, such designation of
the inspection, if the identity of such records shall not preclude access to ad-
representative is known to the em- ditional records specified in § 1903.3.
ployer. (See § 1903.8(b) as to situations (b) Compliance Safety and Health Of-
where there is no authorized represent- ficers shall have authority to take en-
ative of employees.) Upon the request vironmental samples and to take or ob-
of the employer, the Compliance Safe- tain photographs related to the pur-
ty and Health Officer will inform the pose of the inspection, employ other
authorized representative of employees reasonable investigative techniques,
of the inspection, provided that the and question privately any employer,
employer furnishes the Compliance owner, operator, agent or employee of
Safety and Health Officer with the an establishment. (See § 1903.9 on trade
identity of such representative and secrets.) As used herein, the term em-
with such other information as is nec- ploy other reasonable investigative tech-
essary to enable him promptly to in- niques includes, but is not limited to,
form such representative of the inspec- the use of devices to measure employee
30
exposures and the attachment of per- ployer and employee representative

sonal sampling equipment such as may accompany the Compliance Safety
dosimeters, pumps, badges and other and Health Officer during each dif-
similar devices to employees in order ferent phase of an inspection if this
to monitor their exposures. will not interfere with the conduct of
(c) In taking photographs and sam- the inspection.
ples, Compliance Safety and Health Of- (b) Compliance Safety and Health Of-
ficers shall take reasonable pre- ficers shall have authority to resolve
cautions to insure that such actions all disputes as to who is the represent-
with flash, spark-producing, or other ative authorized by the employer and
equipment would not be hazardous. employees for the purpose of this sec-
Compliance Safety and Health Officers tion. If there is no authorized rep-
shall comply with all employer safety resentative of employees, or if the
and health rules and practices at the Compliance Safety and Health Officer
establishment being inspected, and is unable to determine with reasonable
they shall wear and use appropriate certainty who is such representative,
protective clothing and equipment. he shall consult with a reasonable
(d) The conduct of inspections shall number of employees concerning mat-
be such as to preclude unreasonable ters of safety and health in the work-
disruption of the operations of the em- place.
ployer’s establishment. (c) The representative(s) authorized
(e) At the conclusion of an inspec- by employees shall be an employee(s)
tion, the Compliance Safety and Health of the employer. However, if in the
Officer shall confer with the employer judgment of the Compliance Safety and
or his representative and informally Health Officer, good cause has been
advise him of any apparent safety or shown why accompaniment by a third
health violations disclosed by the in- party who is not an employee of the
spection. During such conference, the employer (such as an industrial hygien-
employer shall be afforded an oppor- ist or a safety engineer) is reasonably
tunity to bring to the attention of the necessary to the conduct of an effective
Compliance Safety and Health Officer and thorough physical inspection of
any pertinent information regarding the workplace, such third party may
conditions in the workplace. accompany the Compliance Safety and
(f) Inspections shall be conducted in Health Officer during the inspection.
accordance with the requirements of (d) Compliance Safety and Health Of-
this part. ficers are authorized to deny the right
[36 FR 17850, Sept. 14, 1971, as amended at 47 of accompaniment under this section
FR 6533, Feb. 12, 1982; 47 FR 55481, Dec. 10, to any person whose conduct interferes
1982] with a fair and orderly inspection. The
right of accompaniment in areas con-
§ 1903.8 Representatives of employers taining trade secrets shall be subject to
and employees. the provisions of § 1903.9(d). With regard
(a) Compliance Safety and Health Of- to information classified by an agency
ficers shall be in charge of inspections of the U.S. Government in the interest
and questioning of persons. A rep- of national security, only persons au-
resentative of the employer and a rep- thorized to have access to such infor-
resentative authorized by his employ- mation may accompany a Compliance
ees shall be given an opportunity to ac- Safety and Health Officer in areas con-
company the Compliance Safety and taining such information.
Health Officer during the physical in-
spection of any workplace for the pur- § 1903.9 Trade secrets.
pose of aiding such inspection. A Com- (a) Section 15 of the Act provides:
pliance Safety and Health Officer may ‘‘All information reported to or other-
permit additional employer representa- wise obtained by the Secretary or his
tives and additional representatives representative in connection with any
authorized by employees to accompany inspection or proceeding under this Act
him where he determines that such ad- which contains or which might reveal a
ditional representatives will further trade secret referred to in section 1905
aid the inspection. A different em- of title 18 of the United States Code
31
shall be considered confidential for the cept in accordance with the provisions
purpose of that section, except that of section 15 of the Act.
such information may be disclosed to (d) Upon the request of an employer,
other officers or employees concerned any authorized representative of em-
with carrying out this Act or when rel- ployees under § 1903.8 in an area con-
evant in any proceeding under this Act. taining trade secrets shall be an em-
In any such proceeding the Secretary, ployee in that area or an employee au-
the Commission, or the court shall thorized by the employer to enter that
issue such orders as may be appro- area. Where there is no such represent-
priate to protect the confidentiality of ative or employee, the Compliance
trade secrets.’’ Section 15 of the Act is Safety and Health Officer shall consult
considered a statute within the mean- with a reasonable number of employees
ing of section 552(b)(3) of title 5 of the who work in that area concerning mat-
United States Code, which exempts ters of safety and health.
from the disclosure requirements mat- § 1903.10 Consultation with employees.
ters that are ‘‘specifically exempted
from disclosure by statute.’’ Compliance Safety and Health Offi-
cers may consult with employees con-
(b) Section 1905 of title 18 of the
cerning matters of occupational safety
United States Code provides: ‘‘Who-
and health to the extent they deem
ever, being an officer or employee of
necessary for the conduct of an effec-
the United States or of any department tive and thorough inspection. During
or agency thereof, publishes, divulges, the course of an inspection, any em-
discloses, or makes known in any man- ployee shall be afforded an opportunity
ner or to any extent not authorized by to bring any violation of the Act which
law any information coming to him in he has reason to believe exists in the
the course of his employment or offi- workplace to the attention of the Com-
cial duties or by reason of any exam- pliance Safety and Health Officer.
ination or investigation made by, or re-
turn, report or record made to or filed § 1903.11 Complaints by employees.
with, such department or agency or of- (a) Any employee or representative of
ficer or employee thereof, which infor- employees who believe that a violation
mation concerns or relates to the trade of the Act exists in any workplace
secrets, processes, operations, style of where such employee is employed may
work, or apparatus, or to the identity, request an inspection of such work-
confidential statistical data, amount place by giving notice of the alleged
or source of any income, profits, losses, violation to the Area Director or to a
or expenditures of any person, firm, Compliance Safety and Health Officer.
partnership, corporation, or associa- Any such notice shall be reduced to
tion; or permits any income return or writing, shall set forth with reasonable
copy thereof or any book containing particularity the grounds for the no-
any abstract or particulars thereof to tice, and shall be signed by the em-
be seen or examined by any person ex- ployee or representative of employees.
cept as provided by law; shall be fined A copy shall be provided the employer
not more than $1,000, or imprisoned not or his agent by the Area Director or
more than 1 year, or both; and shall be Compliance Safety and Health Officer
removed from office or employment.’’ no later than at the time of inspection,
(c) At the commencement of an in- except that, upon the request of the
spection, the employer may identify person giving such notice, his name
areas in the establishment which con- and the names of individual employees
tain or which might reveal a trade se- referred to therein shall not appear in
cret. If the Compliance Safety and such copy or on any record published,
Health Officer has no clear reason to released, or made available by the De-
question such identification, informa- partment of Labor.
tion obtained in such areas, including (b) If upon receipt of such notifica-
all negatives and prints of photo- tion the Area Director determines that
graphs, and environmental samples, the complaint meets the requirements
shall be labeled ‘‘confidential—trade set forth in paragraph (a) of this sec-
secret’’ and shall not be disclosed ex- tion, and that there are reasonable
32
grounds to believe that the alleged vio- ference in which the complaining party
lation exists, he shall cause an inspec- and the employer may orally present
tion to be made as soon as practicable, their views. After considering all writ-
to determine if such alleged violation ten and oral views presented, the As-
exists. Inspections under this section sistant Regional Director shall affirm,
shall not be limited to matters referred modify, or reverse the determination of
to in the complaint. the Area Director and furnish the com-
(c) Prior to or during any inspection plaining party and the employer and
of a workplace, any employee or rep- written notification of this decision
resentative of employees employed in and the reasons therefor. The decision
such workplace may notify the Compli- of the Assistant Regional Director
ance Safety and Health Officer, in writ- shall be final and not subject to further
ing, of any violation of the Act which review.
they have reason to believe exists in (b) If the Area Director determines
such workplace. Any such notice shall that an inspection is not warranted be-
comply with the requirements of para- cause the requirements of § 1903.11(a)
graph (a) of this section. have not been met, he shall notify the
(d) Section 11(c)(1) of the Act pro- complaining party in writing of such
vides: ‘‘No person shall discharge or in determination. Such determination
any manner discriminate against any shall be without prejudice to the filing
employee because such employee has of a new complaint meeting the re-
filed any complaint or instituted or quirements of § 1903.11(a).
caused to be instituted any proceeding
under or related to this Act or has tes- § 1903.13 Imminent danger.
tified or is about to testify in any such Whenever and as soon as a Compli-
proceeding or because of the exercise ance Safety and Health Officer con-
by such employee on behalf of himself cludes on the basis of an inspection
or others of any right afforded by this that conditions or practices exist in
Act.’’
any place of employment which could
(Approved by the Office of Management and reasonably be expected to cause death
Budget under control number 1218–0064) or serious physical harm immediately
[36 FR 17850, Sept. 4, 1973, as amended at 54 or before the imminence of such danger
FR 24333, June 7, 1989] can be eliminated through the enforce-
ment procedures otherwise provided by
§ 1903.12 Inspection not warranted; in- the Act, he shall inform the affected
formal review. employees and employers of the danger
(a) If the Area Director determines and that he is recommending a civil ac-
that an inspection is not warranted be- tion to restrain such conditions or
cause there are no reasonable grounds practices and for other appropriate re-
to believe that a violation or danger lief in accordance with the provisions
exists with respect to a complaint of section 13(a) of the Act. Appropriate
under § 1903.11, he shall notify the com- citations and notices of proposed pen-
plaining party in writing of such deter- alties may be issued with respect to an
mination. The complaining party may imminent danger even though, after
obtain review of such determination by being informed of such danger by the
submitting a written statement of po- Compliance Safety and Health Officer,
sition with the Assistant Regional Di- the employer immediately eliminates
rector and, at the same time, providing the imminence of the danger and initi-
the employer with a copy of such state- ates steps to abate such danger.
ment by certified mail. The employer
may submit an opposing written state- § 1903.14 Citations; notices of de mini-
ment of position with the Assistant Re- mis violations; policy regarding em-
gional Director and, at the same time, ployee rescue activities.
provide the complaining party with a (a) The Area Director shall review
copy of such statement by certified the inspection report of the Compli-
mail. Upon the request of the com- ance Safety and Health Officer. If, on
plaining party or the employer, the As- the basis of the report the Area Direc-
sistant Regional Director, at his dis- tor believes that the employer has vio-
cretion, may hold an informal con- lated a requirement of section 5 of the
33
Act, of any standard, rule or order pro- reasons therefor. The determination of
mulgated pursuant to section 6 of the the Assistant Regional Director shall
Act, or of any substantive rule pub- be final and not subject to review.
lished in this chapter, he shall, if ap- (e) Every citation shall state that the
propriate, consult with the Regional issuance of a citation does not con-
Solicitor, and he shall issue to the em- stitute a finding that a violation of the
ployer either a citation or a notice of Act has occurred unless there is a fail-
de minimis violations which have no ure to contest as provided for in the
direct or immediate relationship to Act or, if contested, unless the citation
safety or health. An appropriate cita- is affirmed by the Review Commission.
tion or notice of de minimis violations (f) No citation may be issued to an
shall be issued even though after being employer because of a rescue activity
informed of an alleged violation by the undertaken by an employee of that em-
Compliance Safety and Health Officer, ployer with respect to an individual in
the employer immediately abates, or imminent danger unless:
initiates steps to abate, such alleged (1)(i) Such employee is designated or
violation. Any citation or notice of de assigned by the employer to have re-
minimis violations shall be issued with sponsibility to perform or assist in res-
reasonable promptness after termi- cue operations, and
nation of the inspection. No citation (ii) The employer fails to provide pro-
may be issued under this section after tection of the safety and health of such
the expiration of 6 months following employee, including failing to provide
the occurrence of any alleged viola- appropriate training and rescue equip-
tion. ment; or
(b) Any citation shall describe with (2)(i) Such employee is directed by
particularity the nature of the alleged the employer to perform rescue activi-
violation, including a reference to the ties in the course of carrying out the
provision(s) of the Act, standard, rule, employee’s job duties, and
regulation, or order alleged to have (ii) The employer fails to provide pro-
been violated. Any citation shall also tection of the safety and health of such
fix a reasonable time or times for the employee, including failing to provide
abatement of the alleged violation. appropriate training and rescue equip-
(c) If a citation or notice of de mini- ment; or
mis violations is issued for a violation (3)(i) Such employee is employed in a
alleged in a request for inspection workplace that requires the employee
under § 1903.11(a) or a notification of to carry out duties that are directly re-
violation under § 1903.11(c), a copy of lated to a workplace operation where
the citation or notice of de minimis the likelihood of life-threatening acci-
violations shall also be sent to the em- dents is foreseeable, such as a work-
ployee or representative of employees place operation where employees are
who made such request or notification. located in confined spaces or trenches,
(d) After an inspection, if the Area handle hazardous waste, respond to
Director determines that a citation is emergency situations, perform exca-
not warranted with respect to a danger vations, or perform construction over
or violation alleged to exist in a re- water; and
quest for inspection under § 1903.11(a) or (ii) Such employee has not been des-
a notification of violation under ignated or assigned to perform or assist
§ 1903.11(c), the informal review proce- in rescue operations and voluntarily
dures prescribed in § 1903.12(a) shall be elects to rescue such an individual; and
applicable. After considering all views (iii) The employer has failed to in-
presented, the Assistant Regional Di- struct employees not designated or as-
rector shall affirm the determination signed to perform or assist in rescue
of the Area Director, order a reinspec- operations of the arrangements for res-
tion, or issue a citation if he believes cue, not to attempt rescue, and of the
that the inspection disclosed a viola- hazards of attempting rescue without
tion. The Assistant Regional Director adequate training or equipment.
shall furnish the complaining party (4) For purposes of this policy, the
and the employer with written notifi- term ‘‘imminent danger’’ means the ex-
cation of his determination and the istence of any condition or practice
34
that could reasonably be expected to (1) A copy of such petition shall be

cause death or serious physical harm posted in a conspicuous place where all
before such condition or practice can affected employees will have notice
be abated. thereof or near such location where the
violation occurred. The petition shall
[36 FR 17850, Sept. 4, 1971, as amended at 59
remain posted for a period of ten (10)
FR 66613, Dec. 27, 1994]
working days. Where affected employ-
§ 1903.14a Petitions for modification of ees are represented by an authorized
abatement date. representative, said representative
shall be served with a copy of such pe-
(a) An employer may file a petition tition.
for modification of abatement date (2) Affected employees or their rep-
when he has made a good faith effort to resentatives may file an objection in
comply with the abatement require- writing to such petition with the afore-
ments of a citation, but such abate- said Area Director. Failure to file such
ment has not been completed because objection within ten (10) working days
of factors beyond his reasonable con- of the date of posting of such petition
trol. or of service upon an authorized rep-
(b) A petition for modification of resentative shall constitute a waiver of
abatement date shall be in writing and any further right to object to said peti-
shall include the following information.
tion: (3) The Secretary or his duly author-
(1) All steps taken by the employer, ized agent shall have the authority to
and the dates of such action, in an ef- approve any petition for modification
fort to achieve compliance during the of abatement date filed pursuant to
prescribed abatement period. paragraphs (b) and (c) of this section.
(2) The specific additional abatement Such uncontested petitions shall be-
time necessary in order to achieve come final orders pursuant to sections
compliance. 10 (a) and (c) of the Act.
(3) The reasons such additional time (4) The Secretary or his authorized
is necessary, including the unavail- representative shall not exercise his
ability of professional or technical per- approval power until the expiration of
sonnel or of materials and equipment, fifteen (15) working days from the date
or because necessary construction or the petition was posted or served pur-
alteration of facilities cannot be com- suant to paragraphs (c) (1) and (2) of
pleted by the original abatement date. this section by the employer.
(4) All available interim steps being (d) Where any petition is objected to
taken to safeguard the employees by the Secretary or affected employ-
against the cited hazard during the ees, the petition, citation, and any ob-
abatement period. jections shall be forwarded to the Com-
(5) A certification that a copy of the mission within three (3) working days
petition has been posted and, if appro- after the expiration of the fifteen (15)
priate, served on the authorized rep- day period set out in paragraph (c)(4) of
resentative of affected employees, in this section.
accordance with paragraph (c)(1) of this [40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11,
section and a certification of the date 1975]
upon which such posting and service
was made. § 1903.15 Proposed penalties.
(c) A petition for modification of (a) After, or concurrent with, the
abatement date shall be filed with the issuance of a citation, and within a
Area Director of the United States De- reasonable time after the termination
partment of Labor who issued the cita- of the inspection, the Area Director
tion no later than the close of the next shall notify the employer by certified
working day following the date on mail or by personal service by the
which abatement was originally re- Compliance Safety and Health Officer
quired. A later-filed petition shall be of the proposed penalty under section
accompanied by the employer’s state- 17 of the Act, or that no penalty is
ment of exceptional circumstances ex- being proposed. Any notice of proposed
plaining the delay. penalty shall state that the proposed
35
penalty shall be deemed to be the final material. Notices of de minimis viola-

order of the Review Commission and tions need not be posted.
not subject to review by any court or (b) Each citation, or a copy thereof,
agency unless, within 15 working days shall remain posted until the violation
from the date of receipt of such notice, has been abated, or for 3 working days,
the employer notifies the Area Direc- whichever is later. The filing by the
tor in writing that he intends to con- employer of a notice of intention to
test the citation or the notification of contest under § 1903.17 shall not affect
proposed penalty before the Review his posting responsibility under this
Commission. section unless and until the Review
(b) The Area Director shall determine Commission issues a final order
the amount of any proposed penalty, vacating the citation.
giving due consideration to the appro- (c) An employer to whom a citation
priateness of the penalty with respect has been issued may post a notice in
to the size of the business of the em- the same location where such citation
ployer being charged, the gravity of is posted indicating that the citation is
the violation, the good faith of the em- being contested before the Review
ployer, and the history of previous vio- Commission, and such notice may ex-
lations, in accordance with the provi- plain the reasons for such contest. The
sions of section 17 of the Act. employer may also indicate that speci-
(c) Appropriate penalties may be pro- fied steps have been taken to abate the
posed with respect to an alleged viola- violation.
tion even though after being informed (d) Any employer failing to comply
of such alleged violation by the Com- with the provisions of paragraphs (a)
pliance Safety and Health Officer, the and (b) of this section shall be subject
employer immediately abates, or initi- to citation and penalty in accordance
ates steps to abate, such alleged viola- with the provisions of section 17 of the
tion. Penalties shall not be proposed Act.
for de minimis violations which have
no direct or immediate relationship to § 1903.17 Employer and employee con-
safety or health. tests before the Review Commis-
sion.
§ 1903.16 Posting of citations. (a) Any employer to whom a citation
(a) Upon receipt of any citation or notice of proposed penalty has been
under the Act, the employer shall im- issued may, under section 10(a) of the
mediately post such citation, or a copy Act, notify the Area Director in writ-
thereof, unedited, at or near each place ing that he intends to contest such ci-
an alleged violation referred to in the tation or proposed penalty before the
citation occurred, except as provided Review Commission. Such notice of in-
below. Where, because of the nature of tention to contest shall be postmarked
the employer’s operations, it is not within 15 working days of the receipt
practicable to post the citation at or by the employer of the notice of pro-
near each place of alleged violation, posed penalty. Every notice of inten-
such citation shall be posted, unedited, tion to contest shall specify whether it
in a prominent place where it will be is directed to the citation or to the
readily observable by all affected em- proposed penalty, or both. The Area Di-
ployees. For example, where employers rector shall immediately transmit such
are engaged in activities which are notice to the Review Commission in ac-
physically dispersed (see § 1903.2(b)), the cordance with the rules of procedure
citation may be posted at the location prescribed by the Commission.
to which employees report each day. (b) Any employee or representative of
Where employees do not primarily employees of an employer to whom a
work at or report to a single location citation has been issued may, under
(see § 1903.2(b)), the citation may be section 10(c) of the Act, file a written
posted at the location from which the notice with the Area Director alleging
employees operate to carry out their that the period of time fixed in the ci-
activities. The employer shall take tation for the abatement of the viola-
steps to ensure that the citation is not tion is unreasonable. Such notice shall
altered, defaced, or covered by other be postmarked within 15 working days
36
of the receipt by the employer of the the employer notifies the Area Direc-
notice of proposed penalty or notice tor in writing that he intends to con-
that no penalty is being proposed. The test the notification or the proposed
Area Director shall immediately trans- additional penalty before the Review
mit such notice to the Review Commis- Commission.
sion in accordance with the rules of
procedure prescribed by the Commis- § 1903.19 Abatement verification.
sion. Purpose. OSHA’s inspections are in-
tended to result in the abatement of
§ 1903.18 Failure to correct a violation
for which a citation has been violations of the Occupational Safety
issued. and Health Act of 1970 (the OSH Act).
This section sets forth the procedures
(a) If an inspection discloses that an OSHA will use to ensure abatement.
employer has failed to correct an al- These procedures are tailored to the
leged violation for which a citation has
nature of the violation and the employ-
been issued within the period per-
er’s abatement actions.
mitted for its correction, the Area Di-
(a) Scope and application. This section
rector shall, if appropriate, consult
with the Regional Solicitor, and he applies to employers who receive a ci-
shall notify the employer by certified tation for a violation of the Occupa-
mail or by personal service by the tional Safety and Health Act.
Compliance Safety and Health Officer (b) Definitions—(1) Abatement means
of such failure and of the additional action by an employer to comply with
penalty proposed under section 17(d) of a cited standard or regulation or to
the Act by reason of such failure. The eliminate a recognized hazard identi-
period for the correction of a violation fied by OSHA during an inspection.
for which a citation has been issued (2) Abatement date means:
shall not begin to run until the entry (i) For an uncontested citation item,
of a final order of the Review Commis- the later of:
sion in the case of any review pro- (A) The date in the citation for
ceedings initiated by the employer in abatement of the violation;
good faith and not solely for delay or (B) The date approved by OSHA or es-
avoidance of penalties. tablished in litigation as a result of a
(b) Any employer receiving a notifi- petition for modification of the abate-
cation of failure to correct a violation ment date (PMA); or
and of proposed additional penalty (C) The date established in a citation
may, under section 10(b) of the Act, no- by an informal settlement agreement.
tify the Area Director in writing that (ii) For a contested citation item for
he intends to contest such notification which the Occupational Safety and
or proposed additional penalty before Health Review Commission (OSHRC)
the Review Commission. Such notice of has issued a final order affirming the
intention to contest shall be post- violation, the later of:
marked within 15 working days of the (A) The date identified in the final
receipt by the employer of the notifica- order for abatement; or
tion of failure to correct a violation
(B) The date computed by adding the
and of proposed additional penalty. The
period allowed in the citation for
Area Director shall immediately trans-
abatement to the final order date;
mit such notice to the Review Commis-
sion in accordance with the rules of (C) The date established by a formal
procedure prescribed by the Commis- settlement agreement.
sion. (3) Affected employees means those
(c) Each notification of failure to employees who are exposed to the haz-
correct a violation and of proposed ad- ard(s) identified as violation(s) in a ci-
ditional penalty shall state that it tation.
shall be deemed to be the final order of (4) Final order date means:
the Review Commission and not sub- (i) For an uncontested citation item,
ject to review by any court or agency the fifteenth working day after the em-
unless, within 15 working days from ployer’s receipt of the citation;
the date of receipt of such notification, (ii) For a contested citation item:
37
(A) The thirtieth day after the date (2) Documents demonstrating that
on which a decision or order of a com- abatement is complete may include,
mission administrative law judge has but are not limited to, evidence of the
been docketed with the commission, purchase or repair of equipment, photo-
unless a member of the commission has graphic or video evidence of abate-
directed review; or ment, or other written records.
(B) Where review has been directed, (e) Abatement plans. (1) The Agency
the thirtieth day after the date on may require an employer to submit an
which the Commission issues its deci- abatement plan for each cited violation
sion or order disposing of all or perti- (except an other-than-serious viola-
nent part of a case; or tion) when the time permitted for
(C) The date on which a federal ap- abatement is more than 90 calendar
peals court issues a decision affirming days. If an abatement plan is required,
the violation in a case in which a final the citation must so indicate.
order of OSHRC has been stayed. (2) The employer must submit an
(5) Movable equipment means a hand- abatement plan for each cited violation
held or non-hand-held machine or de- within 25 calendar days from the final
vice, powered or unpowered, that is order date when the citation indicates
used to do work and is moved within or that such a plan is required. The abate-
between worksites. ment plan must identify the violation
(c) Abatement certification. (1) Within and the steps to be taken to achieve
10 calendar days after the abatement abatement, including a schedule for
date, the employer must certify to completing abatement and, where nec-
OSHA (the Agency) that each cited vio- essary, how employees will be pro-
lation has been abated, except as protected from exposure to the violative
vided in paragraph (c)(2) of this sec- condition in the interim until abate-
tion. ment is complete.
(2) The employer is not required to
NOTE TO PARAGRAPH (e): Appendix B con-
certify abatement if the OSHA Compli- tains a Sample Abatement Plan form.
ance Officer, during the on-site portion
of the inspection: (f) Progress reports. (1) An employer
(i) Observes, within 24 hours after a who is required to submit an abate-
violation is identified, that abatement ment plan may also be required to sub-
has occurred; and mit periodic progress reports for each
(ii) Notes in the citation that abate- cited violation. The citation must indi-
ment has occurred. cate:
(3) The employer’s certification that (i) That periodic progress reports are
abatement is complete must include, required and the citation items for
for each cited violation, in addition to which they are required;
the information required by paragraph (ii) The date on which an initial
(h) of this section, the date and method progress report must be submitted,
of abatement and a statement that af- which may be no sooner than 30 cal-
fected employees and their representa- endar days after submission of an
tives have been informed of the abate- abatement plan;
ment. (iii) Whether additional progress re-
ports are required; and
NOTE TO PARAGRAPH (c): Appendix A con-
tains a sample Abatement Certification Let-
(iv) The date(s) on which additional
ter. progress reports must be submitted.
(2) For each violation, the progress
(d) Abatement documentation. (1) The report must identify, in a single sen-
employer must submit to the Agency, tence if possible, the action taken to
along with the information on abate- achieve abatement and the date the ac-
ment certification required by para- tion was taken.
graph (c)(3) of this section, documents
demonstrating that abatement is com- NOTE TO PARAGRAPH (f): Appendix B con-
tains a Sample Progress Report form.
plete for each willful or repeat viola-
tion and for any serious violation for (g) Employee notification. (1) The em-
which the Agency indicates in the cita- ployer must inform affected employees
tion that such abatement documenta- and their representative(s) about
tion is required. abatement activities covered by this
38
section by posting a copy of each docu- (2) The date of postmark is the date
ment submitted to the Agency or a of submission for mailed documents.
summary of the document near the For documents transmitted by other
place where the violation occurred. means, the date the Agency receives
(2) Where such posting does not effec- the document is the date of submis-
tively inform employees and their rep- sion.
resentatives about abatement activi- (i) Movable equipment. (1) For serious,
ties (for example, for employers who repeat, and willful violations involving
have mobile work operations), the em- movable equipment, the employer
ployer must: must attach a warning tag or a copy of
(i) Post each document or a summary the citation to the operating controls
of the document in a location where it or to the cited component of equipment
will be readily observable by affected that is moved within the worksite or
employees and their representatives; or between worksites.
(ii) Take other steps to communicate
NOTE TO PARAGRAPH (i)(1): Attaching a
fully to affected employees and their copy of the citation to the equipment is
representatives about abatement ac- deemed by OSHA to meet the tagging re-
tivities. quirement of paragraph (i)(1) of this section
(3) The employer must inform em- as well as the posting requirement of 29 CFR
ployees and their representatives of 1903.16.
their right to examine and copy all (2) The employer must use a warning
abatement documents submitted to the tag that properly warns employees
Agency. about the nature of the violation in-
(i) An employee or an employee rep- volving the equipment and identifies
resentative must submit a request to the location of the citation issued.
examine and copy abatement docu-
ments within 3 working days of receiv- NOTE TO PARAGRAPH (i)(2): Non-Mandatory
ing notice that the documents have Appendix C contains a sample tag that em-
ployers may use to meet this requirement.
been submitted.
(ii) The employer must comply with (3) If the violation has not already
an employee’s or employee representa- been abated, a warning tag or copy of
tive’s request to examine and copy the citation must be attached to the
abatement documents within 5 working equipment:
days of receiving the request. (i) For hand-held equipment, imme-
(4) The employer must ensure that diately after the employer receives the
notice to employees and employee rep- citation; or
resentatives is provided at the same (ii) For non-hand-held equipment,
time or before the information is pro- prior to moving the equipment within
vided to the Agency and that abate- or between worksites.
ment documents are: (4) For the construction industry, a
(i) Not altered, defaced, or covered by tag that is designed and used in accord-
other material; and ance with 29 CFR 1926.20(b)(3) and 29
(ii) Remain posted for three working CFR 1926.200(h) is deemed by OSHA to
days after submission to the Agency. meet the requirements of this section
(h) Transmitting abatement documents. when the information required by para-
(1) The employer must include, in each graph (i)(2) is included on the tag.
submission required by this section, (5) The employer must assure that
the following information: the tag or copy of the citation attached
(i) The employer’s name and address; to movable equipment is not altered,
(ii) The inspection number to which defaced, or covered by other material.
the submission relates; (6) The employer must assure that
(iii) The citation and item numbers the tag or copy of the citation attached
to which the submission relates; to movable equipment remains at-
(iv) A statement that the informa- tached until:
tion submitted is accurate; and (i) The violation has been abated and
(v) The signature of the employer or all abatement verification documents
the employer’s authorized representa- required by this regulation have been
tive. submitted to the Agency;
39
(ii) The cited equipment has been llllllllllllllllllllllll

permanently removed from service or Signature
is no longer within the employer’s con- llllllllllllllllllllllll
trol; or Typed or Printed Name
(iii) The Commission issues a final APPENDIX B TO SECTION 1903.19—SAMPLE
order vacating the citation. ABATEMENT PLAN OR PROGRESS REPORT
(NONMANDATORY)
APPENDICES TO § 1903.19—ABATEMENT
VERIFICATION (Name), Area Director
NOTE: Appendices A through C provide in- U. S. Department of Labor—OSHA
formation and nonmandatory guidelines to Address of Area Office (on the citation)
assist employers and employees in com- [Company’s Name]
plying with the appropriate requirements of [Company’s Address]
this section. Check one:
Abatement Plan [ ]
APPENDIX A TO SECTION 1903.19—SAMPLE
Progress Report [ ]
ABATEMENT-CERTIFICATION LETTER (NON-
MANDATORY) Inspection Number lllllllllllll
Page ll of llll
(Name), Area Director
U. S. Department of Labor—OSHA Citation Number(s)* llllllllllll
Address of the Area Office (on the citation) Item Number(s)* llllllllllllll
[Company’s Name] Proposed
[Company’s Address] Comple- Comple-
tion Date tion Date
The hazard referenced in Inspection Num- (for (for
Action
ber [insert 9-digit #] for violation identified abate- progress
as: ment reports
plans only)
Citation [insert #] and item [insert #] was only)
corrected on [insert date] by:
1. ........................................... ............... ...............
llllllllllllllllllllllll ...............................................
llllllllll. ...............................................
Citation [insert #] and item [insert #] was 2. ........................................... ............... ...............
corrected on [insert date] by: ...............................................
...............................................
llllllllllllllllllllllll
3. ........................................... ............... ...............
llllllllll. ...............................................
...............................................
Citation [insert #] and item [insert #] was 4. ........................................... ............... ...............
corrected on [insert date] by: ...............................................
llllllllllllllllllllllll ............................................... ............... ...............
5. ........................................... ............... ...............
llllllllll. ...............................................
Citation [insert #] and item [insert #] was ............................................... ............... ...............
corrected on [insert date] by: 6. ........................................... ............... ...............
llllllllllllllllllllllll ...............................................
............................................... ............... ...............
llllllllll.
7. ........................................... ............... ...............
Citation [insert #] and item [insert #] was ...............................................
Date required for final abatement: lllll
I attest that the information contained in
llllllllll.
this document is accurate.
Citation [insert #] and item [insert #] was
corrected on [insert date] by: llllllllllllllllllllllll
Signature
llllllllll. llllllllllllllllllllllll
Typed or Printed Name
corrected on insert date by: Name of primary point of contact for ques-
llllllllllllllllllllllll tions: [optional]
llllllllll. Telephone number: lllllllllllll
*Abatement plans or progress reports for
more than one citation item may be com-
bined in a single abatement plan or progress
llllllllllllllllllllllll report if the abatement actions, proposed
llllllllll. completion dates, and actual completion
I attest that the information contained in dates (for progress reports only) are the
this document is accurate. same for each of the citation items.
40
APPENDIX C TO SECTION 1903.19—SAMPLE WARNING TAG (NONMANDATORY)
[62 FR 15337, Mar. 31, 1997]
§ 1903.20 Informal conferences. ference for the purpose of discussing

any issues raised by an inspection, ci-
At the request of an affected em-
tation, notice of proposed penalty, or
ployer, employee, or representative of
notice of intention to contest. The set-
employees, the Assistant Regional Di-
tlement of any issue at such conference
rector may hold an informal con-
41
EC27OC91.000</GPH>
shall be subject to the rules of proce- (e) Area Director means the employee
dure prescribed by the Review Commis- or officer regularly or temporarily in
sion. If the conference is requested by charge of an Area Office of the Occupa-
the employer, an affected employee or tional Safety and Health Administra-
his representative shall be afforded an tion, U.S. Department of Labor, or any
opportunity to participate, at the dis- other person or persons who are au-
cretion of the Assistant Regional Di- thorized to act for such employee or of-
rector. If the conference is requested ficer. The latter authorizations may in-
by an employee or representative of clude general delegations of the au-
employees, the employer shall be af- thority of an Area Director under this
forded an opportunity to participate, part to a Compliance Safety and
at the discretion of the Assistant Re- Health Officer or delegations to such
gional Director. Any party may be rep- an officer for more limited purposes,
resented by counsel at such conference. such as the exercise of the Area Direc-
No such conference or request for such tor’s duties under § 1903.14(a). The term
conference shall operate as a stay of also includes any employee or officer
any 15-working-day period for filing a exercising supervisory responsibilities
notice of intention to contest as pre- over an Area Director. A supervisory
scribed in § 1903.17. employee or officer is considered to ex-
ercise concurrent authority with the
[36 FR 17850, Sept. 4, 1971. Redesignated at 62
FR 15337, Mar. 31, 1997]
Area Director.
(f) Assistant Regional Director means
§ 1903.21 State administration. the employee or officer regularly or
temporarily in charge of a Region of
Nothing in this part 1903 shall pre- the Occupational Safety and Health
empt the authority of any State to Administration, U.S. Department of
conduct inspections, to initiate en- Labor, or any other person or persons
forcement proceedings or otherwise to who are specifically designated to act
implement the applicable provisions of for such employee or officer in his ab-
State law with respect to State occupa- sence. The term also includes any em-
tional safety and health standards in ployee or officer in the Occupational
accordance with agreements and plans Safety and Health Administration ex-
under section 18 of the Act and parts ercising supervisory responsibilities
1901 and 1902 of this chapter. over the Assistant Regional Director.
[36 FR 17850, Sept. 4, 1971. Redesignated at 62 Such supervisory employee or officer is
FR 15337, Mar. 31, 1997] considered to exercise concurrent au-
thority with the Assistant Regional Di-
§ 1903.22 Definitions. rector. No delegation of authority
(a) Act means the Williams-Steiger under this paragraph shall adversely
Occupational Safety and Health Act of affect the procedures for independent
1970. (84 Stat. 1590 et seq., 29 U.S.C. 651 informal review of investigative deter-
et seq.) minations prescribed under § 1903.12 of
(b) The definitions and interpreta- this part.
tions contained in section 3 of the Act (g) Inspection means any inspection of
shall be applicable to such terms when an employer’s factory, plant, establish-
used in this part 1903. ment, construction site, or other area,
(c) Working days means Mondays workplace or environment where work
through Fridays but shall not include is performed by an employee of an em-
Saturdays, Sundays, or Federal holi- ployer, and includes any inspection
days. In computing 15 working days, conducted pursuant to a complaint
the day of receipt of any notice shall filed under § 1903.11 (a) and (c), any re-
not be included, and the last day of the inspection, followup inspection, acci-
15 working days shall be included. dent investigation or other inspection
(d) Compliance Safety and Health Offi- conducted under section 8(a) of the
cer means a person authorized by the Act.
Occupational Safety and Health Ad- [36 FR 17850, Sept. 4, 1971, as amended at 38
ministration, U.S. Department of FR 22624, Aug. 23, 1973. Redesignated at 62 FR
Labor, to conduct inspections. 15337, Mar. 31, 1997]
42
Part 1904—Recording and Report- Subpart F—Transition From the Former Rule
ing Occupational Injuries and 1904.43 Summary and posting of year 2000
Illnesses data.
1904.44 Retention and updating of old forms.
Sec. 1904.45 OMB control numbers under the Pa-
perwork Reduction Act.
Subpart A—Purpose
Subpart G—Definitions
1904.0 Purpose.
Subpart B—Scope AUTHORITY: 29 U.S.C. 657, 658, 660, 666, 669,
673, Secretary of Labor’s Order No. 3–2000 (65
1904.1 Partial exemption for employers with FR 50017), and 5 U.S.C. 533.
10 or fewer employees.
1904.2 Partial exemption for establishments SOURCE: 66 FR 6122, Jan. 19, 2001, unless
in certain industries. otherwise noted.
1904.3 Keeping records for more than one
agency. Subpart A—Purpose
NON-MANDATORY APPENDIX A TO SUBPART B—
PARTIALLY EXEMPT INDUSTRIES. § 1904.0 Purpose.
The purpose of this rule (Part 1904) is
Subpart C—Recordkeeping Forms and to require employers to record and re-
Recording Criteria port work-related fatalities, injuries
1904.4 Recording criteria. and illnesses.
1904.5 Determination of work-relatedness. NOTE TO § 1904.0: Recording or reporting a
1904.6 Determination of new cases. work-related injury, illness, or fatality does
1904.7 General recording criteria. not mean that the employer or employee was
1904.8 Recording criteria for needlestick and at fault, that an OSHA rule has been vio-
sharps injuries. lated, or that the employee is eligible for
1904.9 Recording criteria for cases involving workers’ compensation or other benefits.
medical removal under OSHA standards.
1904.10 Recording criteria for cases involv-
ing occupational hearing loss. Subpart B—Scope
1904.11 Recording criteria for work-related
tuberculosis cases. NOTE TO SUBPART B: All employers covered
by the Occupational Safety and Health Act
1904.13–1904.28 [Reserved]
(OSH Act) are covered by these Part 1904 reg-
1904.29 Forms.
ulations. However, most employers do not
have to keep OSHA injury and illness records
Subpart D—Other OSHA Injury and Illness unless OSHA or the Bureau of Labor Statis-
Recordkeeping Requirements tics (BLS) informs them in writing that they
must keep records. For example, employers
1904.30 Multiple business establishments.
with 10 or fewer employees and business es-
1904.31 Covered employees.
tablishments in certain industry classifica-
1904.32 Annual summary. tions are partially exempt from keeping
1904.33 Retention and updating. OSHA injury and illness records.
1904.34 Change in business ownership.
1904.35 Employee involvement. § 1904.1 Partial exemption for employ-
1904.36 Prohibition against discrimination. ers with 10 or fewer employees.
1904.37 State recordkeeping regulations.
1904.38 Variances from the recordkeeping (a) Basic requirement. (1) If your com-
rule. pany had ten (10) or fewer employees at
all times during the last calendar year,
Subpart E—Reporting Fatality, Injury and you do not need to keep OSHA injury
Illness Information to the Government and illness records unless OSHA or the
BLS informs you in writing that you
1904.39 Reporting fatalities and multiple must keep records under § 1904.41 or
hospitalization incidents to OSHA.
§ 1904.42. However, as required by
1904.40 Providing records to government
representatives. § 1904.39, all employers covered by the
1904.41 Annual OSHA Injury and Illness Sur- OSH Act must report to OSHA any
vey of Ten or More Employers. workplace incident that results in a fa-
1904.42 Requests from the Bureau of Labor tality or the hospitalization of three or
Statistics for data. more employees.
43
(2) If your company had more than for the partial industry classification
ten (10) employees at any time during exemption.
the last calendar year, you must keep (2) Is the partial industry classification
OSHA injury and illness records unless exemption based on the industry classi-
your establishment is classified as a fication of my entire company or on the
partially exempt industry under classification of individual business estab-
§ 1904.2. lishments operated by my company? The
(b) Implementation—(1) Is the partial partial industry classification exemp-
exemption for size based on the size of my tion applies to individual business es-
entire company or on the size of an indi- tablishments. If a company has several
vidual business establishment? The par- business establishments engaged in dif-
tial exemption for size is based on the ferent classes of business activities,
number of employees in the entire some of the company’s establishments
company. may be required to keep records, while
(2) How do I determine the size of my others may be exempt.
company to find out if I qualify for the (3) How do I determine the Standard In-
partial exemption for size? To determine dustrial Classification code for my com-
if you are exempt because of size, you pany or for individual establishments?
need to determine your company’s You determine your Standard Indus-
peak employment during the last cal- trial Classification (SIC) code by using
endar year. If you had no more than 10 the Standard Industrial Classification
employees at any time in the last cal- Manual, Executive Office of the Presi-
endar year, your company qualifies for dent, Office of Management and Budg-
the partial exemption for size. et. You may contact your nearest
OSHA office or State agency for help in
§ 1904.2 Partial exemption for estab- determining your SIC.
lishments in certain industries.
(a) Basic requirement. (1) If your busi- § 1904.3 Keeping records for more than
one agency.
ness establishment is classified in a
specific low hazard retail, service, fi- If you create records to comply with
nance, insurance or real estate indus- another government agency’s injury
try listed in Appendix A to this Sub- and illness recordkeeping require-
part B, you do not need to keep OSHA ments, OSHA will consider those
injury and illness records unless the records as meeting OSHA’s Part 1904
government asks you to keep the recordkeeping requirements if OSHA
records under § 1904.41 or § 1904.42. How- accepts the other agency’s records
ever, all employers must report to under a memorandum of understanding
OSHA any workplace incident that re- with that agency, or if the other agen-
sults in a fatality or the hospitaliza- cy’s records contain the same informa-
tion of three or more employees (see tion as this Part 1904 requires you to
§ 1904.39). record. You may contact your nearest
(2) If one or more of your company’s OSHA office or State agency for help in
establishments are classified in a non- determining whether your records
exempt industry, you must keep OSHA meet OSHA’s requirements.
injury and illness records for all of
such establishments unless your com- NON-MANDATORY APPENDIX A TO SUB-
PART B OF PART 1904—PARTIALLY
pany is partially exempted because of
size under § 1904.1. EXEMPT INDUSTRIES
(b) Implementation—(1) Does the partial Employers are not required to keep OSHA
industry classification exemption apply injury and illness records for any establish-
only to business establishments in the re- ment classified in the following Standard In-
tail, services, finance, insurance or real dustrial Classification (SIC) codes, unless
estate industries (SICs 52–89)? Yes, busi- they are asked in writing to do so by OSHA,
the Bureau of Labor Statistics ( BLS), or a
ness establishments classified in agri-
state agency operating under the authority
culture; mining; construction; manu- of OSHA or the BLS. All employers, includ-
facturing; transportation; communica- ing those partially exempted by reason of
tion, electric, gas and sanitary serv- company size or industry classification,
ices; or wholesale trade are not eligible must report to OSHA any workplace incident
44
that results in a fatality or the hospitaliza-
tion of three or more employees (see
§ 1904.39).
SIC code Industry description SIC code Industry description
525 ............ Hardware Stores 725 ........... Shoe Repair and Shoeshine Parlors.
542 ............ Meat and Fish Markets 726 ........... Funeral Service and Crematories.
544 ............ Candy, Nut, and Confectionery Stores 729 ........... Miscellaneous Personal Services.
545 ............ Dairy Products Stores 731 ........... Advertising Services.
546 ............ Retail Bakeries 732 ........... Credit Reporting and Collection Services.
549 ............ Miscellaneous Food Stores 733 ........... Mailing, Reproduction, & Stenographic Services.
551 ............ New and Used Car Dealers 737 ........... Computer and Data Processing Services.
552 ............ Used Car Dealers 738 ........... Miscellaneous Business Services.
554 ............ Gasoline Service Stations 764 ........... Reupholstery and Furniture Repair.
557 ............ Motorcycle Dealers 78 ............. Motion Picture.
56 .............. Apparel and Accessory Stores 791 ........... Dance Studios, Schools, and Halls.
573 ............ Radio, Television, & Computer Stores 792 ........... Producers, Orchestras, Entertainers.
58 .............. Eating and Drinking Places 793 ........... Bowling Centers.
591 ............ Drug Stores and Proprietary Stores 801 ........... Offices & Clinics Of Medical Doctors.
592 ............ Liquor Stores 802 ........... Offices and Clinics Of Dentists.
594 ............ Miscellaneous Shopping Goods Stores 803 ........... Offices Of Osteopathic.
599 ............ Retail Stores, Not Elsewhere Classified 804 ........... Offices Of Other Health Practitioners.
60 .............. Depository Institutions (banks & savings institu- 807 ........... Medical and Dental Laboratories.
tions)
61 .............. Nondepository 809 ........... Health and Allied Services, Not Elsewhere Clas-
sified.
62 .............. Security and Commodity Brokers 81 ............. Legal Services.
63 .............. Insurance Carriers 82 ............. Educational Services (schools, colleges, univer-
sities and libraries).
64 .............. Insurance Agents, Brokers & Services 832 ........... Individual and Family Services.
653 ............ Real Estate Agents and Managers 835 ........... Child Day Care Services.
654 ............ Title Abstract Offices 839 ........... Social Services, Not Elsewhere Classified.
67 .............. Holding and Other Investment Offices 841 ........... Museums and Art Galleries.
722 ............ Photographic Studios, Portrait 86 ............. Membership Organizations.
723 ............ Beauty Shops 87 ............. Engineering, Accounting, Research, Manage-
ment, and Related Services.
724 ............ Barber Shops 899 ........... Services, not elsewhere classified.
Subpart C—Recordkeeping Forms (b) Implementation—(1) What sections

and Recording Criteria of this rule describe recording criteria for
recording work-related injuries and ill-
NOTE TO SUBPART C: This Subpart describes nesses? The table below indicates which
the work-related injuries and illnesses that sections of the rule address each topic.
an employer must enter into the OSHA (i) Determination of work-related-
records and explains the OSHA forms that ness. See § 1904.5.
employers must use to record work-related (ii) Determination of a new case. See
fatalities, injuries, and illnesses. § 1904.6.
(iii) General recording criteria. See
§ 1904.4 Recording criteria. § 1904.7.
(a) Basic requirement. Each employer (iv) Additional criteria. (Needlestick
required by this Part to keep records of and sharps injury cases, tuberculosis
fatalities, injuries, and illnesses must cases, hearing loss cases, medical re-
record each fatality, injury and illness moval cases, and musculoskeletal dis-
that: order cases). See § 1904.8 through
§ 1904.12.
(1) Is work-related; and
(2) How do I decide whether a par-
(2) Is a new case; and ticular injury or illness is recordable? The
(3) Meets one or more of the general decision tree for recording work-re-
recording criteria of § 1904.7 or the ap- lated injuries and illnesses below shows
plication to specific cases of § 1904.8 the steps involved in making this de-
through § 1904.12. termination.
45
§ 1904.5 Determination of work-relat- the work environment as ‘‘the estab-

edness. lishment and other locations where one
or more employees are working or are
(a) Basic requirement. You must con-
present as a condition of their employ-
sider an injury or illness to be work-re-
ment. The work environment includes
lated if an event or exposure in the not only physical locations, but also
work environment either caused or the equipment or materials used by the
contributed to the resulting condition employee during the course of his or
or significantly aggravated a pre-exist- her work.’’
ing injury or illness. Work-relatedness (2) Are there situations where an injury
is presumed for injuries and illnesses or illness occurs in the work environment
resulting from events or exposures oc- and is not considered work-related? Yes,
curring in the work environment, un- an injury or illness occurring in the
less an exception in § 1904.5(b)(2) spe- work environment that falls under one
cifically applies. of the following exceptions is not work-
(b) Implementation. (1) What is the related, and therefore is not record-
‘‘work environment’’? OSHA defines able.
46
ER19JA01.098</GPH>
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 gen-
eral public rather than as an employee.
(ii) ................ 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.
(iii) ................ The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or
recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or
baseball.
(iv) ............... 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 in-
jured 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.
(v) ................ 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 ac-
cess road while the employee is commuting to or from work.
(viii) .............. The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or
plague are considered work-related if the employee is infected at work).
(ix) ............... The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily
provides the employer with an opinion from a physician or other licensed health care professional with appro-
priate 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 (iv) Medical treatment in a case

obvious whether the precipitating event or where no medical treatment was need-
exposure occurred in the work environ- ed for the injury or illness before the
ment or occurred away from work? In workplace event or exposure, or a
these situations, you must evaluate change in medical treatment was ne-
the employee’s work duties and envi- cessitated by the workplace event or
ronment to decide whether or not one exposure.
or more events or exposures in the (5) Which injuries and illnesses are con-
work environment either caused or sidered pre-existing conditions? An injury
contributed to the resulting condition or illness is a preexisting condition if it
or significantly aggravated a pre-exist- resulted solely from a non-work-re-
ing condition. lated event or exposure that occured
(4) How do I know if an event or expo- outside the work environment.
sure in the work environment ‘‘signifi-
(6) How do I decide whether an injury
cantly aggravated’’ a preexisting injury or
or illness is work-related if the employee is
illness? A preexisting injury or illness
on travel status at the time the injury or
has been significantly aggravated, for
illness occurs? Injuries and illnesses
purposes of OSHA injury and illness
recordkeeping, when an event or expo- that occur while an employee is on
sure in the work environment results travel status are work-related if, at the
in any of the following: time of the injury or illness, the em-
(i) Death, provided that the pre- ployee was engaged in work activities
existing injury or illness would likely ‘‘in the interest of the employer.’’ Ex-
not have resulted in death but for the amples of such activities include travel
occupational event or exposure. to and from customer contacts, con-
(ii) Loss of consciousness, provided ducting job tasks, and entertaining or
that the preexisting injury or illness being entertained to transact, discuss,
would likely not have resulted in loss or promote business (work-related en-
of consciousness but for the occupa- tertainment includes only entertain-
tional event or exposure. ment activities being engaged in at the
(iii) One or more days away from direction of the employer).
work, or days of restricted work, or Injuries or illnesses that occur when
days of job transfer that otherwise the employee is on travel status do not
would not have occurred but for the oc- have to be recorded if they meet one of
cupational event or exposure. the exceptions listed below.
47
You may use the following to determine if an injury or illness is

1904.5 (b)(6) If the employee has . . . work-related
(i) .................. checked into a hotel or motel for one or When a traveling employee checks into a hotel, motel, or into an
more days. 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 work-relatedness 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 em-
ployee begins work each day, he or she re-enters the work en-
vironment. 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-re- of the body but had recovered com-
lated when the employee is working at pletely (all signs and symptoms had
home? Injuries and illnesses that occur disappeared) from the previous injury
while an employee is working at home, or illness and an event or exposure in
including work in a home office, will be the work environment caused the signs
considered work-related if the injury or or symptoms to reappear.
illness occurs while the employee is (b) Implementation—(1) When an em-
performing work for pay or compensa- ployee experiences the signs or symptoms
tion in the home, and the injury or ill- of a chronic work-related illness, do I
ness is directly related to the perform- need to consider each recurrence of signs
ance of work rather than to the general or symptoms to be a new case? No, for oc-
home environment or setting. For ex- cupational illnesses where the signs or
ample, if an employee drops a box of symptoms may recur or continue in
work documents and injures his or her the absence of an exposure in the work-
foot, the case is considered work-replace, the case must only be recorded
lated. If an employee’s fingernail is once. Examples may include occupa-
punctured by a needle from a sewing tional cancer, asbestosis, byssinosis
machine used to perform garment work and silicosis.
at home, becomes infected and requires (2) When an employee experiences the
medical treatment, the injury is con- signs or symptoms of an injury or illness
sidered work-related. If an employee is as a result of an event or exposure in the
injured because he or she trips on the workplace, such as an episode of occupa-
family dog while rushing to answer a tional asthma, must I treat the episode as
work phone call, the case is not consid- a new case? Yes, because the episode or
ered work-related. If an employee recurrence was caused by an event or
working at home is electrocuted be- exposure in the workplace, the incident
cause of faulty home wiring, the injury must be treated as a new case.
is not considered work-related. (3) May I rely on a physician or other
licensed health care professional to deter-
§ 1904.6 Determination of new cases. mine whether a case is a new case or a re-
(a) Basic requirement. You must con- currence of an old case? You are not re-
sider an injury or illness to be a ‘‘new quired to seek the advice of a physician
case’’ if: or other licensed health care profes-
(1) The employee has not previously sional. However, if you do seek such
experienced a recorded injury or illness advice, you must follow the physician
of the same type that affects the same or other licensed health care profes-
part of the body, or sional’s recommendation about wheth-
(2) The employee previously experi- er the case is a new case or a recur-
enced a recorded injury or illness of the rence. If you receive recommendations
same type that affected the same part from two or more physicians or other
48
licensed health care professionals, you volving days away and an entry of the
must make a decision as to which rec- number of calendar days away from
ommendation is the most authoritative work in the number of days column. If
(best documented, best reasoned, or the employee is out for an extended pe-
most authoritative), and record the riod of time, you must enter an esti-
case based upon that recommendation. mate of the days that the employee
will be away, and update the day count
§ 1904.7 General recording criteria. when the actual number of days is
(a) Basic requirement. You must con- known.
sider an injury or illness to meet the (i) Do I count the day on which the in-
general recording criteria, and there- jury occurred or the illness began? No,
fore to be recordable, if it results in you begin counting days away on the
any of the following: death, days away day after the injury occurred or the ill-
from work, restricted work or transfer ness began.
to another job, medical treatment be- (ii) How do I record an injury or illness
yond first aid, or loss of consciousness. when a physician or other licensed health
You must also consider a case to meet care professional recommends that the
the general recording criteria if it in- worker stay at home but the employee
volves a significant injury or illness di- comes to work anyway? You must record
agnosed by a physician or other li- these injuries and illnesses on the
censed health care professional, even if OSHA 300 Log using the check box for
it does not result in death, days away cases with days away from work and
from work, restricted work or job enter the number of calendar days
transfer, medical treatment beyond away recommended by the physician or
first aid, or loss of consciousness. other licensed health care professional.
(b) Implementation—(1) How do I decide If a physician or other licensed health
if a case meets one or more of the general care professional recommends days
recording criteria? A work-related injury away, you should encourage your em-
or illness must be recorded if it results ployee to follow that recommendation.
in one or more of the following: However, the days away must be re-
(i) Death. See § 1904.7(b)(2). corded whether the injured or ill em-
(ii) Days away from work. See ployee follows the physician or li-
§ 1904.7(b)(3). censed health care professional’s rec-
(iii) Restricted work or transfer to ommendation or not. If you receive
another job. See § 1904.7(b)(4). recommendations from two or more
(iv) Medical treatment beyond first physicians or other licensed health
aid. See § 1904.7(b)(5). care professionals, you may make a de-
(v) Loss of consciousness. See cision as to which recommendation is
§ 1904.7(b)(6). the most authoritative, and record the
(vi) A significant injury or illness di- case based upon that recommendation.
agnosed by a physician or other li- (iii) How do I handle a case when a
censed health care professional. See physician or other licensed health care
§ 1904.7(b)(7). professional recommends that the worker
(2) How do I record a work-related in- return to work but the employee stays at
jury or illness that results in the employ- home anyway? In this situation, you
ee’s death? You must record an injury must end the count of days away from
or illness that results in death by en- work on the date the physician or
tering a check mark on the OSHA 300 other licensed health care professional
Log in the space for cases resulting in recommends that the employee return
death. You must also report any work- to work.
related fatality to OSHA within eight (iv) How do I count weekends, holidays,
(8) hours, as required by § 1904.39. or other days the employee would not
(3) How do I record a work-related in- have worked anyway? You must count
jury or illness that results in days away the number of calendar days the em-
from work? When an injury or illness in- ployee was unable to work as a result
volves one or more days away from of the injury or illness, regardless of
work, you must record the injury or whether or not the employee was
illness on the OSHA 300 Log with a scheduled to work on those day(s).
check mark in the space for cases in- Weekend days, holidays, vacation days
49
or other days off are included in the jury or illness, you must estimate the
total number of days recorded if the total number of days away or days of
employee would not have been able to restriction/job transfer and enter the
work on those days because of a workday count on the 300 Log.
related injury or illness. (ix) If a case occurs in one year but re-
(v) How do I record a case in which a sults in days away during the next cal-
worker is injured or becomes ill on a Fri- endar year, do I record the case in both
day and reports to work on a Monday, years? No, you only record the injury or
and was not scheduled to work on the illness once. You must enter the num-
weekend? You need to record this case ber of calendar days away for the in-
only if you receive information from a jury or illness on the OSHA 300 Log for
physician or other licensed health care the year in which the injury or illness
professional indicating that the em- occurred. If the employee is still away
ployee should not have worked, or from work because of the injury or ill-
should have performed only restricted ness when you prepare the annual sum-
work, during the weekend. If so, you mary, estimate the total number of
must record the injury or illness as a calendar days you expect the employee
case with days away from work or re- to be away from work, use this number
stricted work, and enter the day to calculate the total for the annual
counts, as appropriate. summary, and then update the initial
(vi) How do I record a case in which a log entry later when the day count is
worker is injured or becomes ill on the day known or reaches the 180-day cap.
before scheduled time off such as a holi- (4) How do I record a work-related in-
day, a planned vacation, or a temporary jury or illness that results in restricted
plant closing? You need to record a case work or job transfer? When an injury or
of this type only if you receive infor- illness involves restricted work or job
mation from a physician or other li- transfer but does not involve death or
censed health care professional indi-
days away from work, you must record
cating that the employee should not
the injury or illness on the OSHA 300
have worked, or should have performed
Log by placing a check mark in the
only restricted work, during the sched-
space for job transfer or restriction and
uled time off. If so, you must record
an entry of the number of restricted or
the injury or illness as a case with days
transferred days in the restricted
away from work or restricted work,
workdays column.
and enter the day counts, as appro-
priate. (i) How do I decide if the injury or ill-
(vii) Is there a limit to the number of ness resulted in restricted work? Re-
days away from work I must count? Yes, stricted work occurs when, as the re-
you may ‘‘cap’’ the total days away at sult of a work-related injury or illness:
180 calendar days. You are not required (A) You keep the employee from per-
to keep track of the number of cal- forming one or more of the routine
endar days away from work if the in- functions of his or her job, or from
jury or illness resulted in more than working the full workday that he or
180 calendar days away from work and/ she would otherwise have been sched-
or days of job transfer or restriction. In uled to work; or
such a case, entering 180 in the total (B) A physician or other licensed
days away column will be considered health care professional recommends
adequate. that the employee not perform one or
(viii) May I stop counting days if an more of the routine functions of his or
employee who is away from work because her job, or not work the full workday
of an injury or illness retires or leaves my that he or she would otherwise have
company? Yes, if the employee leaves been scheduled to work.
your company for some reason unre- (ii) What is meant by ‘‘routine func-
lated to the injury or illness, such as tions’’? For recordkeeping purposes, an
retirement, a plant closing, or to take employee’s routine functions are those
another job, you may stop counting work activities the employee regularly
days away from work or days of re- performs at least once per week.
striction/job transfer. If the employee (iii) Do I have to record restricted work
leaves your company because of the in- or job transfer if it applies only to the day
50
on which the injury occurred or the ill- work all of his or her normally as-
ness began? No, you do not have to signed work shift. If the answer to both
record restricted work or job transfers of these questions is ‘‘Yes,’’ then the
if you, or the physician or other li- case does not involve a work restric-
censed health care professional, impose tion and does not have to be recorded
the restriction or transfer only for the as such. If the answer to one or both of
day on which the injury occurred or these questions is ‘‘No,’’ the case in-
the illness began. volves restricted work and must be re-
(iv) If you or a physician or other li- corded as a restricted work case. If you
censed health care professional rec- are unable to obtain this additional in-
ommends a work restriction, is the injury formation from the physician or other
or illness automatically recordable as a licensed health care professional who
‘‘restricted work’’ case? No, a rec- recommended the restriction, record
ommended work restriction is record- the injury or illness as a case involving
able only if it affects one or more of restricted work.
the employee’s routine job functions. (viii) What do I do if a physician or
To determine whether this is the case, other licensed health care professional
you must evaluate the restriction in recommends a job restriction meeting
light of the routine functions of the in- OSHA’s definition, but the employee does
jured or ill employee’s job. If the re- all of his or her routine job functions any-
striction from you or the physician or way? You must record the injury or ill-
other licensed health care professional ness on the OSHA 300 Log as a re-
keeps the employee from performing stricted work case. If a physician or
one or more of his or her routine job other licensed health care professional
functions, or from working the full recommends a job restriction, you
workday the injured or ill employee should ensure that the employee com-
would otherwise have worked, the em- plies with that restriction. If you re-
ployee’s work has been restricted and ceive recommendations from two or
you must record the case. more physicians or other licensed
(v) How do I record a case where the health care professionals, you may
worker works only for a partial work shift make a decision as to which rec-
because of a work-related injury or ill- ommendation is the most authori-
ness? A partial day of work is recorded tative, and record the case based upon
as a day of job transfer or restriction that recommendation.
for recordkeeping purposes, except for (ix) How do I decide if an injury or ill-
the day on which the injury occurred ness involved a transfer to another job? If
or the illness began. you assign an injured or ill employee
(vi) If the injured or ill worker produces to a job other than his or her regular
fewer goods or services than he or she job for part of the day, the case in-
would have produced prior to the injury volves transfer to another job. Note:
or illness but otherwise performs all of the This does not include the day on which
routine functions of his or her work, is the injury or illness occurred.
the case considered a restricted work case? (x) Are transfers to another job recorded
No, the case is considered restricted in the same way as restricted work cases?
work only if the worker does not per- Yes, both job transfer and restricted
form all of the routine functions of his work cases are recorded in the same
or her job or does not work the full box on the OSHA 300 Log. For example,
shift that he or she would otherwise if you assign, or a physician or other li-
have worked. censed health care professional rec-
(vii) How do I handle vague restrictions ommends that you assign, an injured
from a physician or other licensed health or ill worker to his or her routine job
care professional, such as that the em- duties for part of the day and to an-
ployee engage only in ‘‘light duty’’ or other job for the rest of the day, the in-
‘‘take it easy for a week’’? If you are not jury or illness involves a job transfer.
clear about the physician or other li- You must record an injury or illness
censed health care professional’s rec- that involves a job transfer by placing
ommendation, you may ask that per- a check in the box for job transfer.
son whether the employee can do all of (xi) How do I count days of job transfer
his or her routine job functions and or restriction? You count days of job
51
transfer or restriction in the same way (B) Administering tetanus immuniza-

you count days away from work, using tions (other immunizations, such as
§ 1904.7(b)(3)(i) to (viii), above. The only Hepatitis B vaccine or rabies vaccine,
difference is that, if you permanently are considered medical treatment);
assign the injured or ill employee to a (C) Cleaning, flushing or soaking
job that has been modified or perma- wounds on the surface of the skin;
nently changed in a manner that elimi- (D) Using wound coverings such as
nates the routine functions the em- bandages, Band-AidsTM, gauze pads,
ployee was restricted from performing, etc.; or using butterfly bandages or
you may stop the day count when the Steri-StripsTM (other wound closing de-
modification or change is made perma- vices such as sutures, staples, etc., are
nent. You must count at least one day considered medical treatment);
of restricted work or job transfer for (E) Using hot or cold therapy;
such cases. (F) Using any non-rigid means of sup-
(5) How do I record an injury or illness port, such as elastic bandages, wraps,
that involves medical treatment beyond non-rigid back belts, etc. (devices with
first aid? If a work-related injury or ill- rigid stays or other systems designed
ness results in medical treatment be- to immobilize parts of the body are
yond first aid, you must record it on considered medical treatment for rec-
the OSHA 300 Log. If the injury or ill- ordkeeping purposes);
ness did not involve death, one or more
(G) Using temporary immobilization
days away from work, one or more
devices while transporting an accident
days of restricted work, or one or more
victim (e.g., splints, slings, neck col-
days of job transfer, you enter a check
lars, back boards, etc.).
mark in the box for cases where the
employee received medical treatment (H) Drilling of a fingernail or toenail
but remained at work and was not to relieve pressure, or draining fluid
transferred or restricted. from a blister;
(i) What is the definition of medical (I) Using eye patches;
treatment? ‘‘Medical treatment’’ means (J) Removing foreign bodies from the
the management and care of a patient eye using only irrigation or a cotton
to combat disease or disorder. For the swab;
purposes of Part 1904, medical treat- (K) Removing splinters or foreign
ment does not include: material from areas other than the eye
(A) Visits to a physician or other li- by irrigation, tweezers, cotton swabs or
censed health care professional solely other simple means;
for observation or counseling; (L) Using finger guards;
(B) The conduct of diagnostic proce- (M) Using massages (physical therapy
dures, such as x-rays and blood tests, or chiropractic treatment are consid-
including the administration of pre- ered medical treatment for record-
scription medications used solely for keeping purposes); or
diagnostic purposes (e.g., eye drops to (N) Drinking fluids for relief of heat
dilate pupils); or stress.
(C) ‘‘First aid’’ as defined in para- (iii) Are any other procedures included
graph (b)(5)(ii) of this section. in first aid? No, this is a complete list of
(ii) What is ‘‘first aid’’? For the pur- all treatments considered first aid for
poses of Part 1904, ‘‘first aid’’ means Part 1904 purposes.
the following: (iv) Does the professional status of the
(A) Using a non-prescription medica- person providing the treatment have any
tion at nonprescription strength (for effect on what is considered first aid or
medications available in both prescrip- medical treatment? No, OSHA considers
tion and non-prescription form, a rec- the treatments listed in § 1904.7(b)(5)(ii)
ommendation by a physician or other of this Part to be first aid regardless of
licensed health care professional to use the professional status of the person
a non-prescription medication at pre- providing the treatment. Even when
scription strength is considered med- these treatments are provided by a
ical treatment for recordkeeping pur- physician or other licensed health care
poses); professional, they are considered first
52
aid for the purposes of Part 1904. Simi- restrictions are not recommended, or are
larly, OSHA considers treatment be- postponed, in a particular case.
yond first aid to be medical treatment
even when it is provided by someone § 1904.8 Recording criteria for
other than a physician or other li- needlestick and sharps injuries.
censed health care professional. (a) Basic requirement. You must
(v) What if a physician or other li- record all work-related needlestick in-
censed health care professional rec- juries and cuts from sharp objects that
ommends medical treatment but the em- are contaminated with another per-
ployee does not follow the recommenda- son’s blood or other potentially infec-
tion? If a physician or other licensed tious material (as defined by 29 CFR
health care professional recommends 1910.1030). You must enter the case on
medical treatment, you should encour- the OSHA 300 Log as an injury. To pro-
age the injured or ill employee to fol- tect the employee’s privacy, you may
low that recommendation. However, not enter the employee’s name on the
you must record the case even if the in- OSHA 300 Log (see the requirements for
jured or ill employee does not follow privacy cases in paragraphs 1904.29(b)(6)
the physician or other licensed health
through 1904.29(b)(9)).
care professional’s recommendation.
(6) Is every work-related injury or ill- (b) Implementation—(1) What does
ness case involving a loss of consciousness ‘‘other potentially infectious material’’
recordable? Yes, you must record a mean? The term ‘‘other potentially in-
work-related injury or illness if the fectious materials’’ is defined in the
worker becomes unconscious, regard- OSHA Bloodborne Pathogens standard
less of the length of time the employee at § 1910.1030(b). These materials in-
remains unconscious. clude:
(7) What is a ‘‘significant’’ diagnosed (i) Human bodily fluids, tissues and
injury or illness that is recordable under organs, and
the general criteria even if it does not re- (ii) Other materials infected with the
sult in death, days away from work, re- HIV or hepatitis B (HBV) virus such as
stricted work or job transfer, medical laboratory cultures or tissues from ex-
treatment beyond first aid, or loss of con- perimental animals.
sciousness? Work-related cases involv- (2) Does this mean that I must record all
ing cancer, chronic irreversible disease, cuts, lacerations, punctures, and scratch-
a fractured or cracked bone, or a punc- es? No, you need to record cuts, lacera-
tured eardrum must always be recorded tions, punctures, and scratches only if
under the general criteria at the time they are work-related and involve con-
of diagnosis by a physician or other li- tamination with another person’s blood
censed health care professional. or other potentially infectious mate-
NOTE TO § 1904.7: OSHA believes that most rial. If the cut, laceration, or scratch
significant injuries and illnesses will result involves a clean object, or a contami-
in one of the criteria listed in § 1904.7(a): nant other than blood or other poten-
death, days away from work, restricted work
or job transfer, medical treatment beyond
tially infectious material, you need to
first aid, or loss of consciousness. However, record the case only if it meets one or
there are some significant injuries, such as a more of the recording criteria in
punctured eardrum or a fractured toe or rib, § 1904.7.
for which neither medical treatment nor (3) If I record an injury and the em-
work restrictions may be recommended. In ployee is later diagnosed with an infec-
addition, there are some significant progres-
sive diseases, such as byssinosis, silicosis,
tious bloodborne disease, do I need to up-
and some types of cancer, for which medical date the OSHA 300 Log? Yes, you must
treatment or work restrictions may not be update the classification of the case on
recommended at the time of diagnosis but the OSHA 300 Log if the case results in
are likely to be recommended as the disease death, days away from work, restricted
progresses. OSHA believes that cancer, work, or job transfer. You must also
chronic irreversible diseases, fractured or
cracked bones, and punctured eardrums are
update the description to identify the
generally considered significant injuries and infectious disease and change the clas-
illnesses, and must be recorded at the initial sification of the case from an injury to
diagnosis even if medical treatment or work an illness.
53
(4) What if one of my employees is that the employee has experienced a

splashed or exposed to blood or other po- work-related Standard Threshold Shift
tentially infectious material without being (STS) in hearing in one or both ears,
cut or scratched? Do I need to record this and the employee’s total hearing level
incident? You need to record such an in- is 25 decibels (dB) or more above
cident on the OSHA 300 Log as an ill- audiometric zero (averaged at 2000,
ness if: 3000, and 4000 Hz) in the same ear(s) as
(i) It results in the diagnosis of a the STS, you must record the case on
bloodborne illness, such as HIV, hepa- the OSHA 300 Log.
titis B, or hepatitis C; or (b) Implementation—(1) What is a
(ii) It meets one or more of the re- Standard Threshold Shift? A Standard
cording criteria in § 1904.7. Threshold Shift, or STS, is defined in
the occupational noise exposure stand-
§ 1904.9 Recording criteria for cases ard at 29 CFR 1910.95(g)(10)(i) as a
involving medical removal under change in hearing threshold, relative
OSHA standards. to the baseline audiogram for that em-
(a) Basic requirement. If an employee ployee, of an average of 10 decibels (dB)
is medically removed under the med- or more at 2000, 3000, and 4000 hertz (Hz)
ical surveillance requirements of an in one or both ears.
OSHA standard, you must record the (2) How do I evaluate the current
case on the OSHA 300 Log. audiogram to determine whether an em-
(b) Implementation—(1) How do I clas- ployee has an STS and a 25–dB hearing
sify medical removal cases on the OSHA level?—(i) STS. If the employee has
300 Log? You must enter each medical never previously experienced a record-
removal case on the OSHA 300 Log as able hearing loss, you must compare
either a case involving days away from the employee’s current audiogram with
work or a case involving restricted that employee’s baseline audiogram. If
work activity, depending on how you the employee has previously experi-
decide to comply with the medical re- enced a recordable hearing loss, you
moval requirement. If the medical re- must compare the employee’s current
moval is the result of a chemical expo- audiogram with the employee’s revised
sure, you must enter the case on the baseline audiogram (the audiogram re-
OSHA 300 Log by checking the ‘‘poi- flecting the employee’s previous re-
soning’’ column. cordable hearing loss case).
(2) Do all of OSHA’s standards have (ii) 25–dB loss. Audiometric test re-
medical removal provisions? No, some sults reflect the employee’s overall
OSHA standards, such as the standards hearing ability in comparison to
covering bloodborne pathogens and audiometric zero. Therefore, using the
noise, do not have medical removal employee’s current audiogram, you
provisions. Many OSHA standards that must use the average hearing level at
cover specific chemical substances 2000, 3000, and 4000 Hz to determine
have medical removal provisions. whether or not the employee’s total
These standards include, but are not hearing level is 25 dB or more.
limited to, lead, cadmium, methylene (3) May I adjust the current audiogram
chloride, formaldehyde, and benzene. to reflect the effects of aging on hearing?
(3) Do I have to record a case where I Yes. When you are determining wheth-
voluntarily removed the employee from exer an STS has occurred, you may age
posure before the medical removal criteria adjust the employee’s current audio-
in an OSHA standard are met? No, if the gram results by using Tables F–1 or F–
case involves voluntary medical re- 2, as appropriate, in Appendix F of 29
moval before the medical removal lev- CFR 1910.95. You may not use an age
els required by an OSHA standard, you adjustment when determining whether
do not need to record the case on the the employee’s total hearing level is 25
OSHA 300 Log. dB or more above audiometric zero.
(4) Do I have to record the hearing loss
§ 1904.10 Recording criteria for cases if I am going to retest the employee’s
involving occupational hearing loss. hearing? No, if you retest the employ-
(a) Basic requirement. If an employee’s hearing within 30 days of the first
ee’s hearing test (audiogram) reveals test, and the retest does not confirm
54
the recordable STS, you are not re- result obtained at a pre-employment phys-
quired to record the hearing loss case ical? No, you do not have to record it
on the OSHA 300 Log. If the retest con- because the employee was not occupa-
firms the recordable STS, you must tionally exposed to a known case of ac-
record the hearing loss illness within tive tuberculosis in your workplace.
seven (7) calendar days of the retest. If (2) May I line-out or erase a recorded
subsequent audiometric testing per- TB case if I obtain evidence that the case
formed under the testing requirements was not caused by occupational exposure?
of the § 1910.95 noise standard indicates Yes, you may line-out or erase the case
that an STS is not persistent, you may from the Log under the following cir-
erase or line-out the recorded entry. cumstances:
(5) Are there any special rules for deter- (i) The worker is living in a house-
mining whether a hearing loss case is hold with a person who has been diag-
work-related? No. You must use the nosed with active TB;
rules in § 1904.5 to determine if the (ii) The Public Health Department
hearing loss is work-related. If an has identified the worker as a contact
event or exposure in the work environ- of an individual with a case of active
ment either caused or contributed to TB unrelated to the workplace; or
the hearing loss, or significantly aggra-
(iii) A medical investigation shows
vated a pre-existing hearing loss, you
that the employee’s infection was
must consider the case to be work re-
caused by exposure to TB away from
lated.
(6) If a physician or other licensed work, or proves that the case was not
health care professional determines the related to the workplace TB exposure.
hearing loss is not work-related, do I still
§§ 1904.13–1904.28 [Reserved]
need to record the case?
If a physician or other licensed § 1904.29 Forms.
health care professional determines
that the hearing loss is not work-re- (a) Basic requirement. You must use
lated or has not been significantly ag- OSHA 300, 300–A, and 301 forms, or
gravated by occupational noise expo- equivalent forms, for recordable inju-
sure, you are not required to consider ries and illnesses. The OSHA 300 form
the case work-related or to record the is called the Log of Work-Related Inju-
case on the OSHA 300 Log. ries and Illnesses, the 300–A is the
(7) How do I complete the 300 Log for a Summary of Work-Related Injuries and
hearing loss case? When you enter a re- Illnesses, and the OSHA 301 form is
cordable hearing loss case on the OSHA called the Injury and Illness Incident
300 Log, you must check the 300 Log Report.
column for hearing loss. (b) Implementation—(1) What do I need
(NOTE: § 1904.10(b)(7) is effective beginning to do to complete the OSHA 300 Log? You
January 1, 2004.) must enter information about your
[67 FR 44047, July 1, 2002, as amended at 67 business at the top of the OSHA 300
FR 77170, Dec. 17, 2002] Log, enter a one or two line description
for each recordable injury or illness,
§ 1904.11 Recording criteria for work- and summarize this information on the
related tuberculosis cases. OSHA 300–A at the end of the year.
(a) Basic requirement. If any of your (2) What do I need to do to complete the
employees has been occupationally ex- OSHA 301 Incident Report? You must
posed to anyone with a known case of complete an OSHA 301 Incident Report
active tuberculosis (TB), and that em- form, or an equivalent form, for each
ployee subsequently develops a tuber- recordable injury or illness entered on
culosis infection, as evidenced by a the OSHA 300 Log.
positive skin test or diagnosis by a (3) How quickly must each injury or ill-
physician or other licensed health care ness be recorded? You must enter each
professional, you must record the case recordable injury or illness on the
on the OSHA 300 Log by checking the OSHA 300 Log and 301 Incident Report
‘‘respiratory condition’’ column. within seven (7) calendar days of re-
(b) Implementation—(1) Do I have to ceiving information that a recordable
record, on the Log, a positive TB skin test injury or illness has occurred.
55
(4) What is an equivalent form? An vacy concern cases for Part 1904 pur-
equivalent form is one that has the poses.
same information, is as readable and (9) If I have removed the employee’s
understandable, and is completed using name, but still believe that the employee
the same instructions as the OSHA may be identified from the information on
form it replaces. Many employers use the forms, is there anything else that I
an insurance form instead of the OSHA can do to further protect the employee’s
301 Incident Report, or supplement an privacy? Yes, if you have a reasonable
insurance form by adding any addi- basis to believe that information de-
tional information required by OSHA. scribing the privacy concern case may
(5) May I keep my records on a com- be personally identifiable even though
puter? Yes, if the computer can produce the employee’s name has been omitted,
equivalent forms when they are needed, you may use discretion in describing
as described under §§ 1904.35 and 1904.40, the injury or illness on both the OSHA
you may keep your records using the 300 and 301 forms. You must enter
computer system. enough information to identify the
(6) Are there situations where I do not cause of the incident and the general
put the employee’s name on the forms for severity of the injury or illness, but
privacy reasons? Yes, if you have a you do not need to include details of an
‘‘privacy concern case,’’ you may not intimate or private nature. For exam-
enter the employee’s name on the ple, a sexual assault case could be de-
OSHA 300 Log. Instead, enter ‘‘privacy scribed as ‘‘injury from assault,’’ or an
case’’ in the space normally used for injury to a reproductive organ could be
the employee’s name. This will protect described as ‘‘lower abdominal injury.’’
the privacy of the injured or ill em- (10) What must I do to protect employee
ployee when another employee, a privacy if I wish to provide access to the
former employee, or an authorized em- OSHA Forms 300 and 301 to persons other
ployee representative is provided ac- than government representatives, employ-
cess to the OSHA 300 Log under ees, former employees or authorized rep-
§ 1904.35(b)(2). You must keep a sepa- resentatives? If you decide to volun-
rate, confidential list of the case num- tarily disclose the Forms to persons
bers and employee names for your pri- other than government representa-
vacy concern cases so you can update tives, employees, former employees or
the cases and provide the information authorized representatives (as required
to the government if asked to do so. by §§ 1904.35 and 1904.40), you must re-
(7) How do I determine if an injury or move or hide the employees’ names and
illness is a privacy concern case? You other personally identifying informa-
must consider the following injuries or tion, except for the following cases.
illnesses to be privacy concern cases: You may disclose the Forms with per-
(i) An injury or illness to an intimate sonally identifying information only:
body part or the reproductive system; (i) to an auditor or consultant hired
(ii) An injury or illness resulting by the employer to evaluate the safety
from a sexual assault; and health program;
(iii) Mental illnesses; (ii) to the extent necessary for proc-
(iv) HIV infection, hepatitis, or tu- essing a claim for workers’ compensa-
berculosis; tion or other insurance benefits; or
(v) Needlestick injuries and cuts (iii) to a public health authority or
from sharp objects that are contami- law enforcement agency for uses and
nated with another person’s blood or disclosures for which consent, an au-
other potentially infectious material thorization, or opportunity to agree or
(see § 1904.8 for definitions); and object is not required under Depart-
(vi) Other illnesses, if the employee ment of Health and Human Services
voluntarily requests that his or her Standards for Privacy of Individually
name not be entered on the log. Identifiable Health Information, 45
(8) May I classify any other types of in- CFR 164.512.
juries and illnesses as privacy concern [66 FR 6122, Jan. 19, 2001, as amended at 66
cases? No, this is a complete list of all FR 52034, Oct. 12, 2001; 67 FR 77170, Dec. 17,
injuries and illnesses considered pri- 2002; 68 FR 38607, June 30, 2003]
56
Subpart D—Other OSHA Injury and ments is injured or becomes ill while vis-
Illness Recordkeeping Re- iting or working at another of my estab-
quirements lishments, or while working away from
any of my establishments? If the injury
§ 1904.30 Multiple business establish- or illness occurs at one of your estab-
ments. lishments, you must record the injury
(a) Basic requirement. You must keep or illness on the OSHA 300 Log of the
a separate OSHA 300 Log for each es- establishment at which the injury or
tablishment that is expected to be in illness occurred. If the employee is in-
operation for one year or longer. jured or becomes ill and is not at one of
(b) Implementation—(1) Do I need to your establishments, you must record
keep OSHA injury and illness records for the case on the OSHA 300 Log at the es-
short-term establishments (i.e., establish- tablishment at which the employee
ments that will exist for less than a year)? normally works.
Yes, however, you do not have to keep
§ 1904.31 Covered employees.
a separate OSHA 300 Log for each such
establishment. You may keep one (a) Basic requirement. You must
OSHA 300 Log that covers all of your record on the OSHA 300 Log the record-
short-term establishments. You may able injuries and illnesses of all em-
also include the short-term establish- ployees on your payroll, whether they
ments’ recordable injuries and illnesses are labor, executive, hourly, salary,
on an OSHA 300 Log that covers short- part-time, seasonal, or migrant work-
term establishments for individual ers. You also must record the record-
company divisions or geographic re- able injuries and illnesses that occur to
gions. employees who are not on your payroll
(2) May I keep the records for all of my if you supervise these employees on a
establishments at my headquarters loca- day-to-day basis. If your business is or-
tion or at some other central location? ganized as a sole proprietorship or
Yes, you may keep the records for an partnership, the owner or partners are
establishment at your headquarters or not considered employees for record-
other central location if you can: keeping purposes.
(i) Transmit information about the (b) Implementation—(1) If a self-em-
injuries and illnesses from the estab- ployed person is injured or becomes ill
lishment to the central location within while doing work at my business, do I
seven (7) calendar days of receiving in- need to record the injury or illness? No,
formation that a recordable injury or self-employed individuals are not cov-
illness has occurred; and ered by the OSH Act or this regulation.
(ii) Produce and send the records (2) If I obtain employees from a tem-
from the central location to the estab- porary help service, employee leasing serv-
lishment within the time frames re- ice, or personnel supply service, do I have
quired by § 1904.35 and § 1904.40 when to record an injury or illness occurring to
you are required to provide records to one of those employees? You must record
a government representative, employ- these injuries and illnesses if you su-
ees, former employees or employee rep- pervise these employees on a day-to-
resentatives. day basis.
(3) Some of my employees work at sev- (3) If an employee in my establishment
eral different locations or do not work at is a contractor’s employee, must I record
any of my establishments at all. How do I an injury or illness occurring to that em-
record cases for these employees? You ployee? If the contractor’s employee is
must link each of your employees with under the day-to-day supervision of the
one of your establishments, for record- contractor, the contractor is respon-
keeping purposes. You must record the sible for recording the injury or illness.
injury and illness on the OSHA 300 Log If you supervise the contractor employ-
of the injured or ill employee’s estab- ee’s work on a day-to-day basis, you
lishment, or on an OSHA 300 Log that must record the injury or illness.
covers that employee’s short-term es- (4) Must the personnel supply service,
tablishment. temporary help service, employee leasing
(4) How do I record an injury or illness service, or contractor also record the inju-
when an employee of one of my establish- ries or illnesses occurring to temporary,
57
leased or contract employees that I super- (4) Who is considered a company execu-
vise on a day-to-day basis? No, you and tive? The company executive who cer-
the temporary help service, employee tifies the log must be one of the fol-
leasing service, personnel supply serv- lowing persons:
ice, or contractor should coordinate (i) An owner of the company (only if
your efforts to make sure that each in- the company is a sole proprietorship or
jury and illness is recorded only once: partnership);
either on your OSHA 300 Log (if you (ii) An officer of the corporation;
provide day-to-day supervision) or on (iii) The highest ranking company of-
the other employer’s OSHA 300 Log (if ficial working at the establishment; or
that company provides day-to-day su-
(iv) The immediate supervisor of the
pervision).
highest ranking company official
§ 1904.32 Annual summary. working at the establishment.
(5) How do I post the annual summary?
(a) Basic requirement. At the end of
You must post a copy of the annual
each calendar year, you must:
(1) Review the OSHA 300 Log to summary in each establishment in a
verify that the entries are complete conspicuous place or places where no-
and accurate, and correct any defi- tices to employees are customarily
ciencies identified; posted. You must ensure that the post-
(2) Create an annual summary of ined annual summary is not altered, de-
juries and illnesses recorded on the faced or covered by other material.
OSHA 300 Log; (6) When do I have to post the annual
(3) Certify the summary; and summary? You must post the summary
(4) Post the annual summary. no later than February 1 of the year
(b) Implementation—(1) How exten- following the year covered by the
sively do I have to review the OSHA 300 records and keep the posting in place
Log entries at the end of the year? You until April 30.
must review the entries as extensively
as necessary to make sure that they § 1904.33 Retention and updating.
are complete and correct. (a) Basic requirement. You must save
(2) How do I complete the annual sum- the OSHA 300 Log, the privacy case list
mary? You must: (if one exists), the annual summary,
(i) Total the columns on the OSHA and the OSHA 301 Incident Report
300 Log (if you had no recordable cases, forms for five (5) years following the
enter zeros for each column total); and end of the calendar year that these
(ii) Enter the calendar year covered, records cover.
the company’s name, establishment
(b) Implementation—(1) Do I have to
name, establishment address, annual
update the OSHA 300 Log during the five-
average number of employees covered
year storage period? Yes, during the
by the OSHA 300 Log, and the total
storage period, you must update your
hours worked by all employees covered
by the OSHA 300 Log. stored OSHA 300 Logs to include newly
(iii) If you are using an equivalent discovered recordable injuries or ill-
form other than the OSHA 300-A sum- nesses and to show any changes that
mary form, as permitted under have occurred in the classification of
§ 1904.6(b)(4), the summary you use previously recorded injuries and ill-
must also include the employee access nesses. If the description or outcome of
and employer penalty statements a case changes, you must remove or
found on the OSHA 300-A Summary line out the original entry and enter
form. the new information.
(3) How do I certify the annual sum- (2) Do I have to update the annual sum-
mary? A company executive must cer- mary? No, you are not required to up-
tify that he or she has examined the date the annual summary, but you may
OSHA 300 Log and that he or she rea- do so if you wish.
sonably believes, based on his or her (3) Do I have to update the OSHA 301
knowledge of the process by which the Incident Reports? No, you are not re-
information was recorded, that the an- quired to update the OSHA 301 Incident
nual summary is correct and complete. Reports, but you may do so if you wish.
58
§ 1904.34 Change in business owner- (iii) If an employee or representative

ship. asks for access to the OSHA 300 Log,
If your business changes ownership, when do I have to provide it? When an
you are responsible for recording and employee, former employee, personal
reporting work-related injuries and ill- representative, or authorized employee
nesses only for that period of the year representative asks for copies of your
during which you owned the establish- current or stored OSHA 300 Log(s) for
ment. You must transfer the Part 1904 an establishment the employee or
records to the new owner. The new former employee has worked in, you
owner must save all records of the es- must give the requester a copy of the
tablishment kept by the prior owner, relevant OSHA 300 Log(s) by the end of
as required by § 1904.33 of this Part, but the next business day.
need not update or correct the records (iv) May I remove the names of the em-
of the prior owner. ployees or any other information from the
OSHA 300 Log before I give copies to an
§ 1904.35 Employee involvement. employee, former employee, or employee
(a) Basic requirement. Your employees representative? No, you must leave the
and their representatives must be in- names on the 300 Log. However, to pro-
volved in the recordkeeping system in tect the privacy of injured and ill em-
several ways. ployees, you may not record the em-
(1) You must inform each employee ployee’s name on the OSHA 300 Log for
of how he or she is to report an injury certain ‘‘privacy concern cases,’’ as
or illness to you. specified in paragraphs 1904.29(b)(6)
(2) You must provide limited access through 1904.29(b)(9).
to your injury and illness records for (v) If an employee or representative
your employees and their representa- asks for access to the OSHA 301 Incident
tives. Report, when do I have to provide it? (A)
(b) Implementation—(1) What must I do When an employee, former employee,
to make sure that employees report work- or personal representative asks for a
related injuries and illnesses to me? (i) copy of the OSHA 301 Incident Report
You must set up a way for employees describing an injury or illness to that
to report work-related injuries and ill- employee or former employee, you
nesses promptly; and must give the requester a copy of the
(ii) You must tell each employee how OSHA 301 Incident Report containing
to report work-related injuries and ill- that information by the end of the next
nesses to you. business day.
(2) Do I have to give my employees and (B) When an authorized employee
their representatives access to the OSHA representative asks for a copies of the
injury and illness records? Yes, your em- OSHA 301 Incident Reports for an es-
ployees, former employees, their per- tablishment where the agent rep-
sonal representatives, and their au- resents employees under a collective
thorized employee representatives have bargaining agreement, you must give
the right to access the OSHA injury copies of those forms to the authorized
and illness records, with some limita- employee representative within 7 cal-
tions, as discussed below. endar days. You are only required to
(i) Who is an authorized employee rep- give the authorized employee rep-
resentative? An authorized employee resentative information from the
representative is an authorized collec- OSHA 301 Incident Report section ti-
tive bargaining agent of employees. tled ‘‘Tell us about the case.’’ You
(ii) Who is a ‘‘personal representative’’ must remove all other information
of an employee or former employee? A from the copy of the OSHA 301 Incident
personal representative is: Report or the equivalent substitute
(A) Any person that the employee or form that you give to the authorized
former employee designates as such, in employee representative.
writing; or (vi) May I charge for the copies? No,
(B) The legal representative of a de- you may not charge for these copies
ceased or legally incapacitated em- the first time they are provided. How-
ployee or former employee. ever, if one of the designated persons
59
asks for additional copies, you may as- and must recognize all variances issued
sess a reasonable charge for retrieving by Federal OSHA.
and copying the records. (5) A State Plan State may only
grant an injury and illness recording
§ 1904.36 Prohibition against discrimi- and reporting variance to a State or
nation. local government employer within the
Section 11(c) of the Act prohibits you State after obtaining approval to grant
from discriminating against an em- the variance from Federal OSHA.
ployee for reporting a work-related fa-
§ 1904.38 Variances from the record-
tality, injury or illness. That provision keeping rule.
of the Act also protects the employee
who files a safety and health com- (a) Basic requirement. If you wish to
plaint, asks for access to the Part 1904 keep records in a different manner
records, or otherwise exercises any from the manner prescribed by the
rights afforded by the OSH Act. Part 1904 regulations, you may submit
a variance petition to the Assistant
§ 1904.37 State recordkeeping regula- Secretary of Labor for Occupational
tions. Safety and Health, U.S. Department of
Labor, Washington, DC 20210. You can
(a) Basic requirement. Some States op-
obtain a variance only if you can show
erate their own OSHA programs, under
that your alternative recordkeeping
the authority of a State Plan approved
system:
by OSHA. States operating OSHA-ap-
(1) Collects the same information as
proved State Plans must have occupa-
this Part requires;
tional injury and illness recording and
(2) Meets the purposes of the Act; and
reporting requirements that are sub- (3) Does not interfere with the ad-
stantially identical to the require- ministration of the Act.
ments in this Part (see 29 CFR (b) Implementation—(1) What do I need
1902.3(k), 29 CFR 1952.4 and 29 CFR to include in my variance petition? You
1956.10(i)). must include the following items in
(b) Implementation. (1) State-Plan your petition:
States must have the same require- (i) Your name and address;
ments as Federal OSHA for deter- (ii) A list of the State(s) where the
mining which injuries and illnesses are variance would be used;
recordable and how they are recorded. (iii) The address(es) of the business
(2) For other Part 1904 provisions (for establishment(s) involved;
example, industry exemptions, report- (iv) A description of why you are
ing of fatalities and hospitalizations, seeking a variance;
record retention, or employee involve- (v) A description of the different rec-
ment), State-Plan State requirements ordkeeping procedures you propose to
may be more stringent than or supple- use;
mental to the Federal requirements, (vi) A description of how your pro-
but because of the unique nature of the posed procedures will collect the same
national recordkeeping program, information as would be collected by
States must consult with and obtain this Part and achieve the purpose of
approval of any such requirements. the Act; and
(3) Although State and local govern- (vii) A statement that you have in-
ment employees are not covered Feder- formed your employees of the petition
ally, all State-Plan States must pro- by giving them or their authorized rep-
vide coverage, and must develop injury resentative a copy of the petition and
and illness statistics, for these work- by posting a statement summarizing
ers. State Plan recording and reporting the petition in the same way as notices
requirements for State and local gov- are posted under § 1903.2(a).
ernment entities may differ from those (2) How will the Assistant Secretary
for the private sector but must meet handle my variance petition? The Assist-
the requirements of paragraphs ant Secretary will take the following
1904.37(b)(1) and (b)(2). steps to process your variance petition.
(4) A State-Plan State may not issue (i) The Assistant Secretary will offer
a variance to a private sector employer your employees and their authorized
60
representatives an opportunity to sub- ing a variance will follow the same

mit written data, views, and arguments process as OSHA uses for reviewing
about your variance petition. variance petitions, as outlined in para-
(ii) The Assistant Secretary may graph 1904.38(b)(2). Except in cases of
allow the public to comment on your willfulness or where necessary for pub-
variance petition by publishing the pe- lic safety, the Assistant Secretary will:
tition in the FEDERAL REGISTER. If the (i) Notify you in writing of the facts
petition is published, the notice will es- or conduct that may warrant revoca-
tablish a public comment period and tion of your variance; and
may include a schedule for a public (ii) Provide you, your employees, and
meeting on the petition. authorized employee representatives
(iii) After reviewing your variance with an opportunity to participate in
petition and any comments from your the revocation procedures.
employees and the public, the Assist-
ant Secretary will decide whether or Subpart E—Reporting Fatality, In-
not your proposed recordkeeping proce- jury and Illness Information to
dures will meet the purposes of the the Government
Act, will not otherwise interfere with
the Act, and will provide the same in- § 1904.39 Reporting fatalities and mul-
formation as the Part 1904 regulations tiple hospitalization incidents to
provide. If your procedures meet these OSHA.
criteria, the Assistant Secretary may (a) Basic requirement. Within eight (8)
grant the variance subject to such con- hours after the death of any employee
ditions as he or she finds appropriate. from a work-related incident or the in-
(iv) If the Assistant Secretary grants patient hospitalization of three or
your variance petition, OSHA will pub- more employees as a result of a work-
lish a notice in the FEDERAL REGISTER related incident, you must orally re-
to announce the variance. The notice port the fatality/multiple hospitaliza-
will include the practices the variance tion by telephone or in person to the
allows you to use, any conditions that Area Office of the Occupational Safety
apply, and the reasons for allowing the and Health Administration (OSHA),
variance. U.S. Department of Labor, that is near-
(3) If I apply for a variance, may I use est to the site of the incident. You may
my proposed recordkeeping procedures also use the OSHA toll-free central
while the Assistant Secretary is processing telephone number, 1–800–321–OSHA (1–
the variance petition? No, alternative 800–321–6742).
recordkeeping practices are only al- (b) Implementation—(1) If the Area Of-
lowed after the variance is approved. fice is closed, may I report the incident by
You must comply with the Part 1904 leaving a message on OSHA’s answering
regulations while the Assistant Sec- machine, faxing the area office, or send-
retary is reviewing your variance peti- ing an e-mail? No, if you can’t talk to a
tion. person at the Area Office, you must re-
(4) If I have already been cited by port the fatality or multiple hos-
OSHA for not following the Part 1904 reg- pitalization incident using the 800
ulations, will my variance petition have number.
any effect on the citation and penalty? (2) What information do I need to give
No, in addition, the Assistant Sec- to OSHA about the incident? You must
retary may elect not to review your give OSHA the following information
variance petition if it includes an ele- for each fatality or multiple hos-
ment for which you have been cited pitalization incident:
and the citation is still under review (i) The establishment name;
by a court, an Administrative Law (ii) The location of the incident;
Judge (ALJ), or the OSH Review Com- (iii) The time of the incident;
mission. (iv) The number of fatalities or hos-
(5) If I receive a variance, may the As- pitalized employees;
sistant Secretary revoke the variance at a (v) The names of any injured employ-
later date? Yes, the Assistant Secretary ees;
may revoke your variance if he or she (vi) Your contact person and his or
has good cause. The procedures revok- her phone number; and
61
(vii) A brief description of the inci- ernment representatives authorized to

dent. receive the records are:
(3) Do I have to report every fatality or (i) A representative of the Secretary
multiple hospitalization incident resulting of Labor conducting an inspection or
from a motor vehicle accident? No, you do investigation under the Act;
not have to report all of these inci- (ii) A representative of the Secretary
dents. If the motor vehicle accident oc- of Health and Human Services (includ-
curs on a public street or highway, and ing the National Institute for Occupa-
does not occur in a construction work tional Safety and Health—NIOSH) con-
zone, you do not have to report the in- ducting an investigation under section
cident to OSHA. However, these inju- 20(b) of the Act, or
ries must be recorded on your OSHA (iii) A representative of a State agen-
injury and illness records, if you are re- cy responsible for administering a
quired to keep such records. State plan approved under section 18 of
(4) Do I have to report a fatality or mul- the Act.
tiple hospitalization incident that occurs (2) Do I have to produce the records
on a commercial or public transportation within four (4) hours if my records are
system? No, you do not have to call kept at a location in a different time zone?
OSHA to report a fatality or multiple OSHA will consider your response to be
hospitalization incident if it involves a timely if you give the records to the
commercial airplane, train, subway or government representative within four
bus accident. However, these injuries (4) business hours of the request. If you
must be recorded on your OSHA injury maintain the records at a location in a
and illness records, if you are required different time zone, you may use the
to keep such records. business hours of the establishment at
(5) Do I have to report a fatality caused which the records are located when cal-
by a heart attack at work? Yes, your culating the deadline.
local OSHA Area Office director will
decide whether to investigate the inci- § 1904.41 Annual OSHA injury and ill-
dent, depending on the circumstances ness survey of ten or more employ-
of the heart attack. ers.
(6) Do I have to report a fatality or hos- (a) Basic requirement. If you receive
pitalization that occurs long after the in- OSHA’s annual survey form, you must
cident? No, you must only report each fill it out and send it to OSHA or
fatality or multiple hospitalization in- OSHA’s designee, as stated on the sur-
cident that occurs within thirty (30) vey form. You must report the fol-
days of an incident. lowing information for the year de-
(7) What if I don’t learn about an inci- scribed on the form:
dent right away? If you do not learn of (1) the number of workers you em-
a reportable incident at the time it oc- ployed;
curs and the incident would otherwise (2) the number of hours worked by
be reportable under paragraphs (a) and your employees; and
(b) of this section, you must make the (3) the requested information from
report within eight (8) hours of the the records that you keep under Part
time the incident is reported to you or 1904.
to any of your agent(s) or employee(s). (b) Implementation—(1) Does every em-
ployer have to send data to OSHA? No,
§ 1904.40 Providing records to govern- each year, OSHA sends injury and ill-
ment representatives. ness survey forms to employers in cer-
(a) Basic requirement. When an au- tain industries. In any year, some em-
thorized government representative ployers will receive an OSHA survey
asks for the records you keep under form and others will not. You do not
Part 1904, you must provide copies of have to send injury and illness data to
the records within four (4) business OSHA unless you receive a survey
hours. form.
(b) Implementation—(1) What govern- (2) How quickly do I need to respond to
ment representatives have the right to get an OSHA survey form? You must send
copies of my Part 1904 records? The gov- the survey reports to OSHA, or OSHA’s
62
designee, by mail or other means de- structions contained on the survey

scribed in the survey form, within 30 form.
calendar days, or by the date stated in (3) Do I have to respond to a BLS sur-
the survey form, whichever is later. vey form if I am normally exempt from
(3) Do I have to respond to an OSHA keeping OSHA injury and illness records?
survey form if I am normally exempt from Yes, even if you are exempt from keep-
keeping OSHA injury and illness records? ing injury and illness records under
Yes, even if you are exempt from keep- § 1904.1 to § 1904.3, the BLS may inform
ing injury and illness records under you in writing that it will be collecting
§ 1904.1 to § 1904.3, OSHA may inform injury and illness information from
you in writing that it will be collecting you in the coming year. If you receive
injury and illness information from such a letter, you must keep the injury
you in the following year. If you re- and illness records required by § 1904.5
ceive such a letter, you must keep the to § 1904.15 and make a survey report
injury and illness records required by for the year covered by the survey.
§ 1904.5 to § 1904.15 and make a survey (4) Do I have to answer the BLS survey
report for the year covered by the sur- form if I am located in a State-Plan State?
vey. Yes, all employers who receive a sur-
(4) Do I have to answer the OSHA survey form must respond to the survey,
vey form if I am located in a State-Plan even those in State-Plan States.
State? Yes, all employers who receive
survey forms must respond to the sur- Subpart F—Transition From the
vey, even those in State-Plan States.
(5) Does this section affect OSHA’s au-
Former Rule
thority to inspect my workplace? No, § 1904.43 Summary and posting of the
nothing in this section affects OSHA’s 2001 data.
statutory authority to investigate con-
ditions related to occupational safety (a) Basic requirement. If you were re-
and health. quired to keep OSHA 200 Logs in 2001,
you must post a 2000 annual summary
§ 1904.42 Requests from the Bureau of from the OSHA 200 Log of occupational
Labor Statistics for data. injuries and illnesses for each estab-
(a) Basic requirement. If you receive a lishment.
Survey of Occupational Injuries and (b) Implementation—(1) What do I have
Illnesses Form from the Bureau of to include in the summary? (i) You must
Labor Statistics (BLS), or a BLS des- include a copy of the totals from the
ignee, you must promptly complete the 2001 OSHA 200 Log and the following
form and return it following the in- information from that form:
structions contained on the survey (A) The calendar year covered;
form. (B) Your company name;
(b) Implementation—(1) Does every em- (C) The name and address of the es-
ployer have to send data to the BLS? No, tablishment; and
each year, the BLS sends injury and (D) The certification signature, title
illness survey forms to randomly se- and date.
lected employers and uses the informa- (ii) If no injuries or illnesses occurred
tion to create the Nation’s occupa- at your establishment in 2001, you
tional injury and illness statistics. In must enter zeros on the totals line and
any year, some employers will receive post the 2001 summary.
a BLS survey form and others will not. (2) When am I required to summarize
You do not have to send injury and ill- and post the 2001 information? (i) You
ness data to the BLS unless you re- must complete the summary by Feb-
ceive a survey form. ruary 1, 2002; and
(2) If I get a survey form from the BLS, (ii) You must post a copy of the sum-
what do I have to do? If you receive a mary in each establishment in a con-
Survey of Occupational Injuries and spicuous place or places where notices
Illnesses Form from the Bureau of to employees are customarily posted.
Labor Statistics (BLS), or a BLS des- You must ensure that the summary is
ignee, you must promptly complete the not altered, defaced or covered by
form and return it, following the in- other material.
63
(3) You must post the 2001 summary single location to be separate estab-
from February 1, 2002 to March 1, 2002. lishments. An employer may divide one
location into two or more establish-
§ 1904.44 Retention and updating of ments only when:
old forms. (i) Each of the establishments rep-
You must save your copies of the resents a distinctly separate business;
OSHA 200 and 101 forms for five years (ii) Each business is engaged in a dif-
following the year to which they relate ferent economic activity;
and continue to provide access to the (iii) No one industry description in
data as though these forms were the the Standard Industrial Classification
OSHA 300 and 301 forms. You are not Manual (1987) applies to the joint ac-
required to update your old 200 and 101 tivities of the establishments; and
forms. (iv) Separate reports are routinely
§ 1904.45 OMB control numbers under prepared for each establishment on the
the Paperwork Reduction Act number of employees, their wages and
salaries, sales or receipts, and other
The following sections each contain a business information. For example, if
collection of information requirement an employer operates a construction
which has been approved by the Office company at the same location as a
of Management and Budget under the lumber yard, the employer may con-
control number listed sider each business to be a separate es-
OMB Con- tablishment.
29 CFR citation trol No. (2) Can an establishment include more
1904.4–35 ............................................................ 1218–0176 than one physical location? Yes, but only
1904.39–41 .......................................................... 1218–0176 under certain conditions. An employer
1904.42 ................................................................ 1220–0045 may combine two or more physical lo-
1904.43–44 .......................................................... 1218–0176
cations into a single establishment
only when:
Subpart G—Definitions (i) The employer operates the loca-
tions as a single business operation
§ 1904.46 Definitions. under common management;
The Act. The Act means the Occupa- (ii) The locations are all located in
tional Safety and Health Act of 1970 (29 close proximity to each other; and
U.S.C. 651 et seq.). The definitions con- (iii) The employer keeps one set of
tained in section 3 of the Act (29 U.S.C. business records for the locations, such
652) and related interpretations apply as records on the number of employees,
to such terms when used in this Part their wages and salaries, sales or re-
1904. ceipts, and other kinds of business in-
Establishment. An establishment is a formation. For example, one manufac-
single physical location where business turing establishment might include the
is conducted or where services or in- main plant, a warehouse a few blocks
dustrial operations are performed. For away, and an administrative services
activities where employees do not work building across the street.
at a single physical location, such as (3) If an employee telecommutes from
construction; transportation; commu- home, is his or her home considered a sep-
nications, electric, gas and sanitary arate establishment? No, for employees
services; and similar operations, the es- who telecommute from home, the em-
tablishment is represented by main or ployee’s home is not a business estab-
branch offices, terminals, stations, etc. lishment and a separate 300 Log is not
that either supervise such activities or required. Employees who telecommute
are the base from which personnel must be linked to one of your estab-
carry out these activities. lishments under § 1904.30(b)(3).
(1) Can one business location include Injury or illness. An injury or illness
two or more establishments? Normally, is an abnormal condition or disorder.
one business location has only one es- Injuries include cases such as, but not
tablishment. Under limited conditions, limited to, a cut, fracture, sprain, or
the employer may consider two or amputation. Illnesses include both
more separate businesses that share a acute and chronic illnesses, such as,
64
but not limited to, a skin disease, res- 1905.21 Manner of service.
piratory disorder, or poisoning. (Note: 1905.22 Hearing examiners; powers and du-
Injuries and illnesses are recordable ties.
only if they are new, work-related 1905.23 Prehearing conferences.
1905.24 Consent findings and rules or orders.
cases that meet one or more of the
1905.25 Discovery.
Part 1904 recording criteria.) 1905.26 Hearings.
Physician or Other Licensed Health 1905.27 Decisions of hearing examiners.
Care Professional. A physician or other 1905.28 Exceptions.
licensed health care professional is an 1905.29 Transmission of record.
individual whose legally permitted 1905.30 Decision of the Assistant Secretary.
scope of practice (i.e., license, registra-
tion, or certification) allows him or her Subpart D—Summary Decisions
to independently perform, or be dele-
1905.40 Motion for summary decision.
gated the responsibility to perform, the 1905.41 Summary decision.
activities described by this regulation.
You. ‘‘You’’ means an employer as Subpart E—Effect of Initial Decisions
defined in Section 3 of the Occupa-
tional Safety and Health Act of 1970 (29 1905.50 Effect of appeal of a hearing exam-
U.S.C. 652). iner’s decision.
1905.51 Finality for purposes of judicial re-
view.
PART 1905—RULES OF PRACTICE
AUTHORITY: Secs. 6, 8, 16, Occupational
FOR VARIANCES, LIMITATIONS, Safety and Health Act of 1970 (29 U.S.C. 655,
VARIATIONS, TOLERANCES, AND 657, 665), Secretary of Labor’s Order No. 12–71
EXEMPTIONS UNDER THE WIL- (36 FR 8754), 8–76 (41 FR 25059), or 9–83 (48 FR
LIAMS-STEIGER OCCUPATIONAL 35736) as applicable.
SAFETY AND HEALTH ACT OF SOURCE: 36 FR 12290, June 30, 1971, unless
1970 otherwise noted.
Subpart A—General Subpart A—General

Sec. § 1905.1 Purpose and scope.
1905.1 Purpose and scope.
1905.2 Definitions. (a) This part contains rules of prac-
1905.3 Petitions for amendments to this tice for administrative proceedings
part. (1) To grant variances and other re-
1905.4 Amendments to this part. lief under sections 6(b)(6)(A) and 6(d) of
1905.5 Effect of variances.
1905.6 Public notice of a granted variance,
the Williams-Steiger Occupational
limitation, variation, tolerance, or ex- Safety and Health Act of 1970, and
emption. (2) To provide limitations, variations,
1905.7 Form of documents; subscription; tolerances, and exemptions under sec-
copies. tion 16 of the Act.
(b) These rules shall be construed to
Subpart B—Applications for Variances, secure a prompt and just conclusion of
Limitations, Variations, Tolerances, Ex- proceedings subject thereto.
emptions and Other Relief (c) The rules of practice in this part
1905.10 Variances and other relief under sec- do not apply to the granting of
tion 6(b)(6)(A). variances under section 6(b)(6)(C).
1905.11 Variances and other relief under sec- Whenever appropriate, the procedure
tion 6(d). for granting such a variance shall be
1905.12 Limitations, variations, tolerances, published in the FEDERAL REGISTER.
or exemptions under section 16.
1905.13 Modification, revocation, and re- § 1905.2 Definitions.
newal of rules or orders.
1905.14 Action on applications. As used in this part, unless the con-
1905.15 Requests for hearings on applica- text clearly requires otherwise—
tions. (a) Act means the Williams-Steiger
1905.16 Consolidation of proceedings. Occupational Safety and Health Act of
1970.
Subpart C—Hearings
(b) Secretary means the Secretary of
1905.20 Notice of hearing. Labor.
65
(c) Assistant Secretary means the As- priate State review authority until the
sistant Secretary of Labor for Occupa- completion of such proceeding.
tional Safety and Health. [36 FR 12290, June 30, 1971, as amended at 40
(d) Person means an individual, part- FR 25449, June 16, 1975]
nership, association, corporation, busi-
ness trust, legal representative, and or- § 1905.6 Public notice of a granted
ganized group of individuals, or an variance, limitation, variation, tol-
agency, authority, or instrumentality erance, or exemption.
of the United States or of a State. Every final action granting a vari-
(e) Party means a person admitted to ance, limitation, variation, tolerance,
participate in a hearing conducted in or exemption under this part shall be
accordance with subpart C of this part. published in the FEDERAL REGISTER.
An applicant for relief and any affected Every such final action shall specify
employee shall be entitled to be named the alternative to the standard in-
parties. The Department of Labor, rep- volved which the particular variance
resented by the Office of the Solicitor, permits.
shall be deemed to be a party without
the necessity of being named. § 1905.7 Form of documents; subscrip-
tion; copies.
(f) Affected employee means an em-
ployee who would be affected by the (a) No particular form is prescribed
grant or denial of a variance, limita- for applications and other papers which
tion, variation, tolerance, or exemp- may be filed in proceedings under this
tion, or any one of his authorized rep- part. However, any applications and
resentatives, such as his collective bar- other papers shall be clearly legible.
gaining agent. An original and six copies of any appli-
cation or other papers shall be filed.
§ 1905.3 Petitions for amendments to The original shall be typewritten.
this part. Clear carbon copies, or printed or proc-
essed copies are acceptable copies.
Any person may at any time petition (b) Each application or other paper
the Assistant Secretary in writing to which is filed in proceedings under this
revise, amend, or revoke any provisions part shall be subscribed by the person
of this part. The petition should set filing the same or by his attorney or
forth either the terms or the substance other authorized representative.
of the rule desired, with a concise
statement of the reasons therefor and
the effects thereof.
Subpart B—Applications for
Variances, Limitations, Vari-
§ 1905.4 Amendments to this part. ations, Tolerances, Exemp-
The Assistant Secretary may at any tions and Other Relief
time revise, amend, or revoke any pro- § 1905.10 Variances and other relief
visions of this part, on his own motion under section 6(b)(6)(A).
or upon the written petition of any per-
(a) Application for variance. Any em-
son.
ployer, or class of employers, desiring a
§ 1905.5 Effect of variances. variance from a standard, or portion
thereof, authorized by section 6(b)(6)(A)
All variances granted pursuant to of the Act may file a written applica-
this part shall have only future effect. tion containing the information speci-
In his discretion, the Assistant Sec- fied in paragraph (b) of this section
retary may decline to entertain an ap- with the Assistant Secretary for Occu-
plication for a variance on a subject or pational Safety and Health, U.S. De-
issue concerning which a citation has partment of Labor, Washington, DC
been issued to the employer involved 20210.
and a proceeding on the citation or a (b) Contents. An application filed pur-
related issue concerning a proposed suant to paragraph (a) of this section
penalty or period of abatement is pend- shall include:
ing before the Occupational Safety and (1) The name and address of the ap-
Health Review Commission or appro- plicant;
66
(2) The address of the place or places places of employment in more than one
of employment involved; State, including at least one State
(3) A specification of the standard or with a State plan approved under sec-
portion thereof from which the appli- tion 18 of the Act, and involves a stand-
cant seeks a variance; ard, or portion thereof, identical to a
(4) A representation by the applicant, State standard effective under such
supported by representations from plan:
qualified persons having first-hand (i) A side-by-side comparison of the
knowledge of the facts represented, Federal standard, or portion thereof,
that he is unable to comply with the involved with the State standard, or
standard or portion thereof by its effec-
portion thereof, identical in substance
tive date and a detailed statement of
and requirements;
the reasons therefor;
(5) A statement of the steps the ap- (ii) A certification that the employer
plicant has taken and will take, with or employers have not filed for such
specific dates where appropriate, to variance on the same material facts for
protect employees against the hazard the same employment or place of em-
covered by the standard; ployment with any State authority
(6) A statement of when the applicant having jurisdiction under an approval
expects to be able to comply with the plan over any employment or place of
standard and of what steps he has employment covered in the applica-
taken and will take, with specific dates tion; and
where appropriate, to come into com- (iii) A statement as to whether, with
pliance with the standard; an identification of, any citations for
(7) A statement of the facts the appli- violations of the State standard, or
cant would show to establish that portion thereof, involved have been
(i) The applicant is unable to comply issued to the employer or employers by
with a standard by its effective date any of the State authorities enforcing
because of unavailability of profes- the standard under a plan, and are
sional or technical personnel or of ma- pending.
terials and equipment needed to come
(c) Interim order—(1) Application. An
into compliance with the standard or
application may also be made for an in-
because necessary construction or al-
teration of facilities cannot be com- terim order to be effective until a deci-
pleted by the effective date; sion is rendered on the application for
(ii) He is taking all available steps to the variance filed previously or concur-
safeguard his employees against the rently. An application for an interim
hazards covered by the standard; and order may include statements of fact
(iii) He has an effective program for and arguments as to why the order
coming into compliance with the should be granted. The Assistant Sec-
standard as quickly as practicable; retary may rule ex parte upon the ap-
(8) Any request for a hearing, as pro- plication.
vided in this part; (2) Notice of denial of application. If an
(9) A statement that the applicant application filed pursuant to paragraph
has informed his affected employees of (c)(1) of this section is denied, the ap-
the application by giving a copy there- plicant shall be given prompt notice of
of to their authorized representative, the denial, which shall include, or be
posting a statement, giving a summary accompanied by, a brief statement of
of the application and specifying where the grounds therefor.
a copy may be examined, at the place (3) Notice of the grant of an interim
or places where notices to employees order. If an interim order is granted, a
are normally posted, and by other ap- copy of the order shall be served upon
propriate means; and
the applicant for the order and other
(10) A description of how affected em-
parties and the terms of the order shall
ployees have been informed of the ap-
plication and of their right to petition be published in the FEDERAL REGISTER.
the Assistant Secretary for a hearing. It shall be a condition of the order that
(11) Where the requested variance the affected employer shall give notice
would be applicable to employment or thereof to affected employees by the
67
same means to be used to inform them tion 18 of the Act, and involves a stand-
of an application for a variance. ard, or portion thereof, identical to a
[36 FR 12290, June 30, 1971, as amended at 40
State standard effective under such
FR 25449, June 16, 1975] plan:
(i) A side-by-side comparison of the
§ 1905.11 Variances and other relief Federal standard, or portion thereof,
under section 6(d). involved with the State standard, or
(a) Application for variance. Any em- portion thereof, identical in substance
ployer, or class of employers, desiring a and requirements;
variance authorized by section 6(d) of (ii) A certification that the employer
the Act may file a written application or employers have not filed for such
containing the information specified in variance on the same material facts for
paragraph (b) of this section, with the the same employment or place of em-
Assistant Secretary for Occupational ployment with any State authority
Safety and Health, U.S. Department of having jurisdiction under an approved
Labor, Washington, DC 20210. plan over any employment or place of
(b) Contents. An application filed pur- employment covered in the applica-
suant to paragraph (a) of this section tion; and
shall include: (iii) A statement as to whether, with
(1) The name and address of the ap- an identification of, any citations for
plicant; violations of the State standard, or
(2) The address of the place or places portion thereof, involved have been
of employment involved; issued to the employer or employers by
(3) A description of the conditions, any of the State authorities enforcing
practices, means, methods, operations, the standard under a plan, and are
or processes used or proposed to be pending.
used by the applicant: (c) Interim order—(1) Application. An
(4) A statement showing how the con- application may also be made for an in-
ditions, practices, means, methods, op- terim order to be effective until a deci-
erations, or processes used or proposed sion is rendered on the application for
to be used would provide employment the variance filed previously or concur-
and places of employment to employ- rently. An application for an interim
ees which are as safe and healthful as order may include statements of fact
those required by the standard from and arguments as to why the order
which a variance is sought: should be granted. The Assistant Sec-
(5) A certification that the applicant retary may rule ex parte upon the ap-
has informed his employees of the application.
plication by (2) Notice of denial of application. If an
(i) Giving a copy thereof to their au- application filed pursuant to paragraph
thorized representative; (c)(1) of this section is denied, the ap-
(ii) Posting a statement giving a plicant shall be given prompt notice of
summary of the application and speci- the denial, which shall include, or be
fying where a copy may be examined, accompanied by; a brief statement of
at the place or places where notices to the grounds therefor.
employees are normally posted (or in
(3) Notice of the grant of an interim
lieu of such summary, the posting of
order. If an interim order is granted, a
the application itself); and
copy of the order shall be served upon
(iii) By other appropriate means;
the applicant for the order and other
(6) Any request for a hearing, as pro-
parties, and the terms of the order
vided in this part; and
shall be published in the FEDERAL REG-
(7) A description of how employees
ISTER. It shall be a condition of the
have been informed of the application
order that the affected employer shall
and of their right to petition the As-
give notice thereof to affected employ-
sistant Secretary for a hearing.
(8) Where the requested variance ees by the same means to be used to in-
would be applicable to employment or form them of an application for a vari-
places of employment in more than one ance.
State, including at least one State [36 FR 12290, June 30, 1971, as amended at 40
with a State plan approved under sec- FR 25449, June 16, 1975]
68
§ 1905.12 Limitations, variations, toler- shall be published in the FEDERAL REG-

ances, or exemptions under section ISTER. It shall be a condition of the
16. order that the affected employer shall
(a) Application. Any person, or class give notice thereof to affected employ-
of persons, desiring a limitation, vari- ees by the same means to be used to in-
ation, tolerance, or exemption author- form them of an application for a vari-
ized by section 16 of the Act may file ance.
an application containing the informa-
tion specified in paragraph (b) of this § 1905.13 Modification, revocation, and
renewal of rules or orders.
section, with the Assistant Secretary
for Occupational Safety and Health, (a) Modification or revocation. (1) An
U.S. Department of Labor, Washington, affected employer or an affected em-
DC 20210. ployee may apply in writing to the As-
(b) Contents. An application filed pur- sistant Secretary of Labor for Occupa-
suant to paragraph (a) of this section tional Safety and Health for a modi-
shall include: fication or revocation of a rule or order
(1) The name and address of the ap- issued under section 6(b) (6) (A), 6(d), or
plicant; 16 of the Act. The application shall
(2) The address of the place or places contain:
of employment involved; (i) The name and address of the appli-
(3) A specification of the provision of cant;
the Act to or from which the applicant (ii) A description of the relief which
seeks a limitation, variation, toler- is sought;
ance, or exemption; (iii) A statement setting forth with
(4) A representation showing that the particularity the grounds for relief;
limitation, variation, tolerance, or ex- (iv) If the applicant is an employer, a
emption sought is necessary and proper certification that the applicant has in-
to avoid serious impairment of the na- formed his affected employees of the
tional defense; application by:
(5) Any request for a hearing, as pro- (a) Giving a copy thereof to their au-
vided in this part; and thorized representative;
(6) A description of how employees (b) Posting at the place or places
have been informed of the application where notices to employees are nor-
and of their right to petition the As- mally posted, a statement giving a
sistant Secretary for a hearing. summary of the application and speci-
(c) Interim order—(1) Application. An fying where a copy of the full applica-
application may also be made for an in- tion may be examined (or, in lieu of the
terim order to be effective until a deci- summary, posting the application
sion is rendered on the application for itself); and
the limitation, variation, tolerance, or (c) Other appropriate means.
exemption filed previously or concur- (v) If the applicant is an affected em-
rently. An application for an interim ployee, a certification that a copy of
order may include statements of fact the application has been furnished to
and arguments as to why the order the employer; and
should be granted. The Assistant Sec- (vi) Any request for a hearing, as pro-
retary may rule ex parte upon the ap- vided in this part.
plication. (2) The Assistant Secretary may on
(2) Notice of denial of application. If an his own motion proceed to modify or
application filed pursuant to paragraph revoke a rule or order issued under sec-
(c)(1) of this section is denied, the ap- tion 6(b) (6) (A), 6(d), or 16 of the Act.
plicant shall be given prompt notice of In such event, the Assistant Secretary
the denial, which shall include, or be shall cause to be published in the FED-
accompanied, by a brief statement of ERAL REGISTER a notice of his inten-
the grounds therefor. tion, affording interested persons an
(3) Notice of the grant of an interim opportunity to submit written data,
order. If an interim order is granted, a views, or arguments regarding the pro-
copy of the order shall be served upon posal and informing the affected em-
the applicant for the order and other ployer and employees of their right to
parties, and the terms of the order request a hearing, and shall take such
69
other action as may be appropriate to sistant Secretary shall cause to be pub-

give actual notice to affected employ- lished in the FEDERAL REGISTER a no-
ees. Any request for a hearing shall in- tice of the filing of the application.
clude a short and plain statement of: (2) A notice of the filing of an appli-
(i) How the proposed modification or cation shall include:
revocation would affect the requesting (i) The terms, or an accurate sum-
party; and mary, of the application;
(ii) What the requesting party would (ii) A reference to the section of the
seek to show on the subjects or issues Act under which the application has
involved. been filed;
(b) Renewal. Any final rule or order (iii) An invitation to interested per-
issued under section 6(b) (6) (A) or 16 of sons to submit within a stated period
the Act may be renewed or extended as of time written data, views, or argu-
permitted by the applicable section
ments regarding the application; and
and in the manner prescribed for its
(iv) Information to affected employ-
issuance.
(c) Multi-state variances. Where a Fed- ers, employees, and appropriate State
eral variance has been granted with authority having jurisdiction over em-
multi-state applicability, including ap- ployment or places of employment cov-
plicability in a State operating under a ered in the application of any right to
State plan approved under section 18 of request a hearing on the application.
the Act, from a standard, or portion (3) Where the requested variance, or
thereof, identical to a State standard, any proposed modification or extension
or portion thereof, without filing the thereof, involves a Federal standard, or
information required in § 1905.10(b)(11) any portion thereof, identical to a
or § 1905.11(b)(8) of this chapter, such State standard, or any portion thereof,
variance shall likewise be deemed an as provided in §§ 1905.10(b)(11) and
authoritative interpretation of the em- 1905.11(b)(8) of this chapter, the Assist-
ployer(s)’ compliance obligations with ant Secretary will promptly furnish a
regard to the State standard, or por- copy of the application to the appro-
tion thereof, upon filing the informa- priate State authority and provide an
tion required under § 1905.10(b)(11) or opportunity for comment, including
§ 1905.11(b)(8) of this chapter, provided the opportunity to participate as a
no objections of substance are found to party, on the application by such au-
be interposed by the State authority thority, which shall be taken into con-
under § 1905.14 of this chapter. sideration in determining the merits of
the proposed action.
[36 FR 12290, June 30, 1971, as amended at 40 (4) A copy of each final decision of
FR 25449, June 16, 1975]
the Assistant Secretary with respect to
§ 1905.14 Action on applications. an application filed under § 1905.10,
§ 1905.11, or § 1905.13 shall be furnished,
(a) Defective applications. (1) If an ap- within 10 days of issuance, the State
plication filed pursuant to § 1905.10(a), authorities having jurisdiction over
§ 1905.11(a), § 1905.12(a), or § 1905.13 does the employment or place of employ-
not conform to the applicable section, ment covered in the application.
the Assistant Secretary may deny the
application. [36 FR 12290, June 30, 1971, as amended at 40
(2) Prompt notice of the denial of an FR 25449, June 16, 1975]
application shall be given to the appli-
cant. § 1905.15 Requests for hearings on ap-
(3) A notice of denial shall include, or plications.
be accompanied by, a brief statement (a) Request for hearing. Within the
of the grounds for the denial. time allowed by a notice of the filing of
(4) A denial of an application pursu- an application, any affected employer,
ant to this paragraph shall be without employee, or appropriate State agency
prejudice to the filing of another appli- having jurisdiction over employment
cation. or places of employment covered in an
(b) Adequate applications. (1) If an ap- application may file with the Assistant
plication has not been denied pursuant Secretary, in quadruplicate, a request
to paragraph (a) of this section, the As- for a hearing on the application.
70
(b) Contents of a request for a hearing. ery of, or by mailing, a copy of the doc-
A request for a hearing filed pursuant ument to the last known address of the
to paragraph (a) of this section shall party. The person serving the docu-
include: ment shall certify to the manner and
(1) A concise statement of facts show- the date of the service.
ing how the employer or employee
would be affected by the relief applied § 1905.22 Hearing examiners; powers
for; and duties.
(2) A specification of any statement (a) Powers. A hearing examiner des-
or representation in the application ignated to preside over a hearing shall
which is denied, and a concise sum- have all powers necessary or appro-
mary of the evidence that would be ad- priate to conduct a fair, full, and im-
duced in support of each denial; and partial hearing, including the fol-
(3) Any views or arguments on any lowing:
issue of fact or law presented. (1) To administer oaths and affirma-
tions;
FR 25450, June 16, 1975] (2) To rule upon offers of proof and
receive relevant evidence;
§ 1905.16 Consolidation of proceedings. (3) To provide for discovery and to
determine its scope;
The Assistant Secretary on his own
(4) To regulate the course of the
motion or that of any party may con-
hearing and the conduct of the parties
solidate or contemporaneously con-
and their counsel therein;
sider two or more proceedings which
(5) To consider and rule upon proce-
involve the same or closely related
dural requests;
issues.
(6) To hold conferences for the settle-
ment or simplification of the issues by
Subpart C—Hearings consent of the parties;
(7) To make, or to cause to be made,
§ 1905.20 Notice of hearing.
an inspection of the employment or
(a) Service. Upon request for a hearing place of employment involved.
as provided in this part, or upon his (8) To make decisions in accordance
own initiative, the Assistant Secretary with the Act, this part, and the Admin-
shall serve, or cause to be served, a rea- istrative Procedure Act (5 U.S.C. Ch. 5);
sonable notice of hearing. and
(b) Contents. A notice of hearing (9) To take any other appropriate ac-
served under paragraph (a) of this section authorized by the Act, this part,
tion shall include: or the Administrative Procedure Act.
(1) The time, place, and nature of the (b) Private consultation. Except to the
hearing; extent required for the disposition of
(2) The legal authority under which ex parte matters, a hearing examiner
the hearing is to be held; may not consult a person or a party on
(3) A specification of issues of fact any fact at issue, unless upon notice
and law; and and opportunity for all parties to par-
(4) A designation of a hearing exam- ticipate.
iner appointed under 5 U.S.C. 3105 to (c) Disqualification. (1) When a hear-
preside over the hearing. ing examiner deems himself disquali-
(c) Referral to hearing examiner. A fied to preside over a particular hear-
copy of a notice of hearing served pur- ing, he shall withdraw therefrom by
suant to paragraph (a) of this section notice on the record directed to the
shall be referred to the hearing exam- Chief Hearing Examiner.
iner designated therein, together with (2) Any party who deems a hearing
the original application and any writ- examiner for any reason to be disquali-
ten request for a hearing thereon filed fied to preside, or to continue to pre-
pursuant to this part. side, over a particular hearing, may
file with the Chief Hearing Examiner of
§ 1905.21 Manner of service. the Department of Labor a motion to
Service of any document upon any disqualify and remove the hearing ex-
party may be made by personal deliv- aminer, such motion to be supported
71
by affidavits setting forth the alleged when entered controls the subsequent
grounds for disqualification. The Chief course of the hearing, unless modified
Hearing Examiner shall rule upon the at the hearing, to prevent manifest in-
motion. justice.
(d) Contumacious conduct; failure or re-
fusal to appear or obey the rulings of a § 1905.24 Consent findings and rules or
presiding hearing examiner. (1) Contuma- orders.
cious conduct at any hearing before the (a) General. At any time before the
hearing examiner shall be grounds for reception of evidence in any hearing, or
exclusion from the hearing. during any hearing a reasonable oppor-
(2) If a witness or a party refuses to tunity may be afforded to permit nego-
answer a question after being directed tiation by the parties of an agreement
to do so, or refuses to obey an order to containing consent findings and a rule
provide or permit discovery, the hear- or order disposing of the whole or any
ing examiner may make such orders part of the proceeding. The allowance
with regard to the refusal as are just of such opportunity and the duration
and appropriate, including an order de- thereof shall be in the discretion of the
nying the application of an applicant presiding hearing examiner, after con-
or regulating the contents of the sideration of the nature of the pro-
record of the hearing. ceeding, the requirements of the public
(e) Referral to Federal Rules of Civil interest, the representations of the
Procedure. On any procedural question parties, and the probability of an
not regulated by this part, the Act, or agreement which will result in a just
the Administrative Procedure Act, a disposition of the issues involved.
hearing examiner shall be guided to the (b) Contents. Any agreement con-
extent practicable by any pertinent taining consent findings and rule or
provisions of the Federal Rules of Civil order disposing of a proceeding shall
Procedure. also provide:
§ 1905.23 Prehearing conferences. (1) That the rule or order shall have
the same force and effect as if made
(a) Convening a conference. Upon his after a full hearing;
own motion or the motion of a party, (2) That the entire record on which
the hearing examiner may direct the any rule or order may be based shall
parties or their counsel to meet with consist solely of the application and
him for a conference to consider: the agreement;
(1) Simplification of the issues;
(3) A waiver of any further proce-
(2) Necessity or desirability of
dural steps before the hearing exam-
amendments to documents for purposes
iner and the Assistant Secretary; and
of clarification, simplification, or limi-
tation; (4) A waiver of any right to challenge
(3) Stipulations, admissions of fact, or contest the validity of the findings
and of contents and authenticity of and of the rule or order made in ac-
documents; cordance with the agreement.
(4) Limitation of the number of par- (c) Submission. On or before the expi-
ties and of expert witnesses; and ration of the time granted for negotia-
(5) Such other matters as may tend tions, the parties or their counsel may:
to expedite the disposition of the pro- (1) Submit the proposed agreement to
ceeding, and to assure a just conclusion the presiding hearing examiner for his
thereof. consideration; or
(b) Record of conference. The hearing (2) Inform the presiding hearing ex-
examiner shall make an order which aminer that agreement cannot be
recites the action taken at the con- reached.
ference, the amendments allowed to (d) Disposition. In the event an agree-
any documents which have been filed, ment containing consent findings and
and the agreements made between the rule or order is submitted within the
parties as to any of the matters consid- time allowed therefor, the presiding
ered, and which limits the issues for hearing examiner may accept such
hearing to those not disposed of by ad- agreement by issuing his decision
missions or agreements; and such order based upon the agreed findings.
72
§ 1905.25 Discovery. (b) Other discovery. Whenever appro-

(a) Depositions. (1) For reasons of un- priate to a just disposition of any issue
availability or for other good cause in a hearing, the presiding hearing ex-
shown, the testimony of any witness aminer may allow discovery by any
may be taken by deposition. Deposi- other appropriate procedure, such as by
tions may be taken orally or upon written interrogatories upon a party,
written interrogatories before any per- production of documents by a party, or
son designated by the presiding hearing by entry for inspection of the employ-
examiner and having power to admin- ment or place of employment involved.
ister oaths.
(2) Application. Any party desiring to § 1905.26 Hearings.
take the deposition of a witness may (a) Order of proceeding. Except as may
make application in writing to the pre- be ordered otherwise by the presiding
siding hearing examiner, setting forth: hearing examiner, the party applicant
(i) The reasons why such deposition for relief shall proceed first at a hear-
should be taken; ing.
(ii) The time when, the place where, (b) Burden of proof. The party appli-
and the name and post office address of cant shall have the burden of proof.
the person before whom the deposition (c) Evidence—(1) Admissibility. A party
is to be taken; shall be entitled to present his case or
(iii) The name and address of each
defense by oral or documentary evi-
witness; and
dence, to submit rebuttal evidence, and
(iv) The subject matter concerning
to conduct such cross-examination as
which each witness is expected to tes-
may be required for a full and true dis-
tify.
closure of the facts. Any oral or docu-
(3) Notice. Such notice as the pre-
siding hearings examiner may order mentary evidence may be received, but
shall be given by the party taking the a presiding hearing examiner shall ex-
deposition to every other party. clude evidence which is irrelevant, im-
(4) Taking and receiving in evidence. material, or unduly repetitious.
Each witness testifying upon deposi- (2) Testimony of witnesses. The testi-
tion shall be sworn, and the parties not mony of a witness shall be upon oath
calling him shall have the right to or affirmation administered by the pre-
cross-examine him. The questions pro- siding hearing examiner.
pounded and the answers thereto, to- (3) Objections. If a party objects to
gether with all objections made, shall the admission or rejection of any evi-
be reduced to writing, read to the wit- dence, or to the limitation of the scope
ness, subscribed by him, and certified of any examination or cross-examina-
by the officer before whom the deposition, or to the failure to limit such
tion is taken. Thereafter, the officer scope, he shall state briefly the
shall seal the deposition, with two cop- grounds for such objection. Rulings on
ies thereof, in an envelope and mail the all objections shall appear in the
same by registered mail to the pre- record. Only objections made before
siding hearing examiner. Subject to the presiding hearing examiner may be
such objections to the questions and relied upon subsequently in a pro-
answers as were noted at the time of ceeding.
taking the deposition and would be (4) Exceptions. Formal exception to an
valid were the witness personally adverse ruling is not required.
present and testifying, such deposition (d) Official notice. Official notice may
may be read and offered in evidence by be taken of any material fact not ap-
the party taking it as against any pearing in evidence in the record,
party who was present, represented at which is among the traditional matters
the taking of the deposition, or who of judicial notice or concerning which
had due notice thereof. No part of a the Department of Labor by reason of
deposition shall be admitted in evi- its functions is presumed to be expert:
dence unless there is a showing that Provided, That the parties shall be
the reasons for the taking of the depo- given adequate notice, at the hearing
sition in the first instance exist at the or by reference in the presiding hearing
time of hearing. examiner’s decision, of the matters so
73
noticed, and shall be given adequate shall refer to the specific findings of
opportunity to show the contrary. fact, conclusions of law, or terms of the
(e) Transcript. Hearings shall be rule or order excepted to, the specific
stenographically reported. Copies of pages of transcript relevant to the sug-
the transcript may be obtained by the gestions, and shall suggest corrected
parties upon written application filed findings of fact, conclusions of law, or
with the reporter, and upon the pay- terms of the rule or order. Upon receipt
ment of fees at the rate provided in the of any exceptions, the hearing exam-
agreement with the reporter. iner shall fix a time for filing any ob-
jections to the exceptions and any sup-
§ 1905.27 Decisions of hearing exam- porting reasons.
iners.
(a) Proposed findings of fact, conclu- § 1905.29 Transmission of record.
sions, and rules or orders. Within 10 days If exceptions are filed, the hearing
after receipt of notice that the tran- examiner shall transmit the record of
script of the testimony has been filed the proceeding to the Assistant Sec-
or such additional time as the pre- retary for review. The record shall in-
siding hearing examiner may allow, clude: The application, any request for
each party may file with the hearing hearing thereon, motions and requests
examiner proposed findings of fact, filed in written form, rulings thereon,
conclusions of law, and rule or order, the transcript of the testimony taken
together with a supporting brief ex- at the hearing, together with the ex-
pressing the reasons for such proposals. hibits admitted in evidence, any docu-
Such proposals and brief shall be ments or papers filed in connection
served on all other parties, and shall with prehearing conferences, such pro-
refer to all portions of the record and posed findings of fact, conclusions of
to all authorities relied upon in sup- law, rules or orders, and supporting
port of each proposal. reasons, as may have been filed, the
(b) Decision of the hearing examiner. hearing examiner’s decision, and such
Within a reasonable time after the exceptions, statements of objections,
time allowed for the filing of proposed and briefs in support thereof, as may
findings of fact, conclusions of law, and have been filed in the proceeding.
rule or order, the presiding hearing ex-
aminer shall make and serve upon each § 1905.30 Decision of the Assistant Sec-
party his decision, which shall become retary.
final upon the 20th day after service If exceptions to a decision of a hear-
thereof, unless exceptions are filed ing examiner are taken pursuant to
thereto, as provided in § 1905.28. The de- § 1905.28, the Assistant Secretary shall
cision of the hearing examiner shall in- upon consideration thereof, together
clude (1) a statement of findings and with the record references and authori-
conclusions, with reasons and bases ties cited in support thereof, and any
therefor, upon each material issue of objections to exceptions and sup-
fact, law, or discretion presented on porting reasons, make his decision. The
the record, and (2) the appropriate rule, decision may affirm, modify, or set
order, relief, or denial thereof. The de- aside, in whole or part, the findings,
cision of the hearing examiner shall be conclusions, and the rule or order con-
based upon a consideration of the tained in the decision of the presiding
whole record and shall state all facts hearing examiner, and shall include a
officially noticed and relied upon. It statement of reasons or bases for the
shall be made on the basis of a prepon- actions taken on each exception pre-
derance of reliable and probative evi- sented.
dence.
Subpart D—Summary Decisions
§ 1905.28 Exceptions.
Within 20 days after service of a deci- § 1905.40 Motion for summary deci-
sion of a presiding hearing examiner, sion.
any party may file with the hearing ex- (a) Any party may, at least 20 days
aminer written exceptions thereto with before the date fixed for any hearing
supporting reasons. Such exceptions under subpart C of this part, move with
74
or without supporting affidavits for a substantial ground for difference of

summary decision in his favor on all or opinion, and (2) that an immediate ap-
any part of the proceeding. Any other peal from the ruling may materially
party may, within 10 days after service advance the ultimate termination of
of the motion, serve opposing affidavits the proceeding. The allowance of such
or countermove for summary decision. an interlocutory appeal shall not stay
The presiding hearing examiner may, the proceeding before the hearing ex-
in his discretion, set the matter for ar- aminer unless the Assistant Secretary
gument and call for the submission of shall so order.
briefs.
(b) The filing of any documents under § 1905.41 Summary decision.
paragraph (a) of this section shall be
with the hearing examiner, and copies (a) No genuine issue of material fact. (1)
of any such documents shall be served Where no genuine issue of a material
in accordance with § 1905.21. fact is found to have been raised, the
(c) The hearing examiner may grant hearing examiner may issue an initial
such motion if the pleadings, affida- decision to become final 20 days after
vits, material obtained by discovery or service thereof, unless, within such pe-
otherwise obtained, or matters offi- riod of time any party has filed written
cially noticed show that there is no exceptions to the decision. If any time-
genuine issue as to any material fact ly exception is filed, the hearing exam-
and that a party is entitled to sum- iner shall fix a time for filing any ob-
mary decision. The hearing examiner jections to the exception and any sup-
may deny such motion whenever the porting reasons. Thereafter, the Assist-
moving party denies access to informa- ant Secretary, after consideration of
tion by means of discovery to a party the exceptions and any supporting
opposing the motion. briefs filed therewith and of any objec-
(d) Affidavits shall set forth such tions to the exceptions and any sup-
facts as would be admissible in evi- porting reasons, may issue a final deci-
dence in a proceeding subject to 5 sion.
U.S.C. 556 and 557 and shall show af-
(2) An initial decision and a final de-
firmatively that the affiant is com-
cision made under this paragraph shall
petent to testify to the matters stated
include a statement of:
therein. When a motion for summary
decision is made and supported as pro- (i) Findings and conclusions, and the
vided in this section, a party opposing reasons or bases therefor, on all issues
the motion may not rest upon the mere presented; and
allegations or denials of his pleading; (ii) The terms and conditions of the
his response must set forth specific rule or order made.
facts showing that there is a genuine (3) A copy of an initial decision and a
issue of fact for the hearing. final decision under this paragraph
(e) Should it appear from the affida- shall be served on each party.
vits of a party opposing the motion (b) Hearings on issues of fact. Where a
that he cannot for reasons stated genuine material question of fact is
present by affidavit facts essential to raised, the hearing examiner shall, and
justify his opposition, the hearing ex- in any other case he may, set the case
aminer may deny the motion for sum- for an evidentiary hearing in accord-
mary decision or may order a continu- ance with subpart C of this part.
ance to permit affidavits to be ob-
tained or discovery to be had or may
make such other order as is just.
Subpart E—Effect of Initial
(f) The denial of all or any part of a Decisions
motion for summary decision by the
§ 1905.50 Effect of appeal of a hearing
hearing examiner shall not be subject
examiner’s decision.
to interlocutory appeal to the Assist-
ant Secretary unless the hearing exam- A hearing examiner’s decision under
iner certifies in writing (1) that the this part shall not be operative pending
ruling involves an important question a decision on appeal by the Assistant
of law or policy as to which there is Secretary.
75
§ 1905.51 Finality for purposes of judi- plan approved under Section 18 of the
cial review. Act (and funded under Section 23(g),
Only a decision by the Assistant Sec- rather than under a Cooperative Agree-
retary shall be deemed final agency ac- ment) which provide consultative serv-
tion for purposes of judicial review. A ices to private sector employers, must
decision by a hearing examiner which be ‘‘at least as effective as’’ the section
becomes final for lack of appeal is not 21(d) Cooperative Agreement programs
deemed final agency action for pur- established by this part. The service
poses of 5 U.S.C. 704. will be made available at no cost to
employers to assist them in estab-
lishing effective occupational safety
PART 1906—ADMINISTRATION WIT- and health programs for providing em-
NESSES AND DOCUMENTS IN PRI- ployment and places of employment
VATE LITIGATION [RESERVED] which are safe and healthful. The over-
all goal is to prevent the occurrence of
PART 1908—CONSULTATION injuries and illnesses which may result
AGREEMENTS from exposure to hazardous workplace
conditions and from hazardous work
Sec. practices. The principal assistance will
1908.1 Purpose and scope. be provided at the employer’s worksite,
1908.2 Definitions. but off-site assistance may also be pro-
1908.3 Eligibility and funding. vided by telephone and correspondence
1908.4 Offsite consultation.
and at locations other than the em-
1908.5 Requests and scheduling for onsite
consultation. ployer’s worksite, such as the consulta-
1908.6 Conduct of a visit. tion project offices. At the worksite,
1908.7 Relationship to enforcement. the consultant will, within the scope of
1908.8 Consultant specifications. the employer’s request, evaluate the
1908.9 Monitoring and evaluation. employer’s program for providing em-
1908.10 Cooperative Agreements. ployment and a place of employment
1908.11 Exclusions. which is safe and healthful, as well as
AUTHORITY: Secs. 7(c), 8, 21(d), Occupa- identify specific hazards in the work-
tional Safety and Health Act of 1970 (29 place, and will provide appropriate ad-
U.S.C. 656, 657, 670) and Secretary of Labor’s vice and assistance in establishing or
Order No. 6–96 (62 FR 111, January 2, 1997). improving the employer’s safety and
SOURCE: 49 FR 25094, June 19, 1984, unless health program and in correcting any
otherwise noted. hazardous conditions identified.
(b) Assistance may include education
§ 1908.1 Purpose and scope. and training of the employer, the em-
(a) This part contains requirements ployer’s supervisors, and the employ-
for Cooperative Agreements between er’s other employees as needed to make
states and the Federal Occupational the employer self-sufficient in ensuring
Safety and Health Administration safe and healthful work and working
(OSHA) under sections 21(c) of the Oc- conditions. Although onsite consulta-
cupational Safety and Health Act of tion will be conducted independent of
1970 (29 U.S.C. 651 et seq.) and section any OSHA enforcement activity, and
21(d), the Occupational Safety and the discovery of hazards will not man-
Health Administration Compliance As- date citation or penalties, the em-
sistance Authorization Act of 1998 ployer remains under a statutory obli-
(which amends the Occupational Safe- gation to protect employees, and in
ty and Health Act,) under which OSHA certain instances will be required to
will utilize state personnel to provide take necessary protective action. Em-
consultative services to employers. ployer correction of hazards identified
Priority in scheduling such consulta- by the consultant during a comprehen-
tion visits must be assigned to requests sive workplace survey, and implemen-
received from small businesses which tation of certain core elements of an
are in higher hazard industries or have effective safety and health program
the most hazardous conditions at issue and commitment to the completion of
in the request. Consultation programs others may serve as the basis for em-
operated under the authority of a state ployer exemption from certain OSHA
76
enforcement activities. States entering Employee representative, as used in the

into Agreements under this part will OSHA consultation program under this
receive ninety percent Federal reim- part, means the authorized representa-
bursement for allowable costs, and will tive of employees at a site where there
provide consultation to employers re- is a recognized labor organization rep-
questing the service, subject to sched- resenting employees.
uling priorities, available resources, Employer means a person engaged in a
and any other limitations established business who has employees, but does
by the Assistant Secretary as part of not include the United States (not in-
the Cooperative Agreement. cluding the United States Postal Serv-
(c) States operating approved Plans ice,) or any state or political subdivi-
under section 18 of the Act shall, in ac- sion of a state.
cord with section 18(b), establish en- Hazard correction means the elimi-
forcement policies applicable to the
nation or control of a workplace hazard
safety and health issues covered by the
in accord with the requirements of ap-
State Plan which are at least as effec-
plicable Federal or State statutes, reg-
tive as the enforcement policies estab-
ulations or standards.
lished by this part, including a recogni-
tion and exemption program. Imminent danger means any condi-
tions or practices in a place of employ-
[49 FR 25094, June 19, 1984, as amended at 65 ment which are such that a danger ex-
FR 64290, Oct. 26, 2000] ists which could reasonably be ex-
§ 1908.2 Definitions. pected to cause death or serious phys-
ical harm immediately or before the
As used in this part: imminence of such danger can be elimi-
Act means the Federal Occupational nated through the procedures set forth
Safety and Health Act of 1970. in § 1908.6(e)(4), (f) (2) and (3), and (g).
Assistant Secretary means the Assist- List of Hazards means a list of all se-
ant Secretary of Labor for Occupa-
rious hazards that are identified by the
tional Safety and Health.
consultant and the correction due
Compliance Officer means a Federal
dates agreed upon by the employer and
compliance safety and health officer.
the consultant. Serious hazards include
Consultant means an employee under
hazards addressed under section 5(a)(1)
a Cooperative Agreement pursuant to
of the OSH Act and recordkeeping re-
this part who provides consultation.
Consultation means all activities requirements classified as serious. The
lated to the provision of consultative List of Hazards will accompany the
assistance under this part, including consultant’s written report but is sepa-
offsite consultation and onsite con- rate from the written report to the em-
sultation. ployer.
Cooperative Agreement means the Offsite consultation means the provi-
legal instrument which enables the sion of consultative assistance on occu-
States to collaborate with OSHA to pational safety and health issues away
provide consultation in accord with from an employer’s worksite by such
this part. means as telephone and correspond-
Designee means the State official des- ence, and at locations other than the
ignated by the Governor to be respon- employer’s worksite, such as the con-
sible for entering into a Cooperative sultation project offices. It may, under
Agreement in accord with this part. limited conditions specified by the As-
Education means planned and orga- sistant Secretary, include training and
nized activity by a consultant to im- education.
part information to employers and em- Onsite consultation means the provi-
ployees to enable them to establish and sion of consultative assistance on an
maintain employment and a place of employer’s occupational safety and
employment which is safe and health- health program and on specific work-
ful. place hazards through a visit to an em-
Employee means an employee of an ployer’s worksite. It includes a written
employer who is employed in the busi- report to the employer on the findings
ness of that employer which affects and recommendations resulting from
interstate commerce. the visit. It may include training and
77
education needed to address hazards, or to assist them in establishing and

potential hazards, at the worksite. maintaining employment and a place
OSHA means the Federal Occupa- of employment which is safe and
tional Safety and Health Administra- healthful.
tion or the State agency responsible
under a Plan approved under section 18 FR 64290, Oct. 26, 2000]
of the Act for the enforcement of occu-
pational safety and health standards in § 1908.3 Eligibility and funding.
that State.
(a) State eligibility. Any state may
Other-than-serious hazard means any
enter into an agreement with the As-
condition or practice which would be
sistant Secretary to perform consulta-
classified as an other-than-serious vio-
tion for private sector employers; ex-
lation of applicable federal or state
cept that a state having a plan ap-
statutes, regulations or standards,
proved under section 18 of the Act is el-
based on criteria contained in the cur-
igible to participate in the program
rent OSHA field instructions or ap-
only if that Plan does not include pro-
proved State Plan counterpart.
visions for federally funded consulta-
Programmed inspection means OSHA
tion to private sector employers as a
worksite inspections which are sched-
part of its plan.
uled based upon objective or neutral
(b) Reimbursement. (1) The Assistant
criteria. These inspections do not in-
Secretary will reimburse 90 percent of
clude imminent danger, fatality/catas-
the costs incurred under a Cooperative
trophe, and formal complaints.
Agreement entered into pursuant to
Programmed inspection schedule means
this part. Approved training of State
OSHA inspections scheduled in accord-
staff operating under a Cooperative
ance with criteria contained in the cur-
Agreement and specified out-of-State
rent OSHA field instructions or ap-
travel by such staff will be fully reim-
proved State Plan counterpart.
bursed.
RA means the Regional Adminis-
(2) Reimbursement to States under
trator for Occupational Safety and
this part is limited to costs incurred in
Health of the Region in which the
providing consultation to private sec-
State concerned is located.
tor employers only.
Recognition and exemption program
(i) In all States with Plans approved
means an achievement recognition pro-
under section 18 of the Act, consulta-
gram of the OSHA consultation serv-
tion provided to State and local gov-
ices which recognizes small employers
ernments, as well as the remaining
who operate, at a particular worksite,
range of voluntary compliance activi-
an exemplary program that results in
ties referred to in 29 CFR
the immediate and long term preven-
1902.4(c)(2)(xiii), will not be affected by
tion of job related injuries and ill-
the provisions of this part. Federal re-
nesses.
imbursement for these activities will
Serious hazard means any condition
be made in accordance with the provi-
or practice which would be classified as
sions of section 23(g) of the Act.
a serious violation of applicable federal
(ii) In States without Plans approved
or state statutes, regulations or stand-
under section 18, no Federal reimburse-
ards, based on criteria contained in the
ment for consultation provided to
current OSHA field instructions or ap-
State and local governments will be al-
proved State Plan counterpart, except
lowed, although this activity may be
that the element of employer knowl-
conducted independently by a State
edge shall not be considered.
with 100 percent State funding.
State includes a State of the United
States, the District of Columbia, Puer- [49 FR 25094, June 19, 1984, as amended at 65
to Rico, the Virgin Islands, American FR 64291, Oct. 26, 2000]
Samoa, Guam, and the Trust Territory
of the Pacific Islands. § 1908.4 Offsite consultation.
Training means the planned and orga- The State may provide consultative
nized activity of a consultant to im- services to employers on occupational
part skills, techniques and methodolo- safety and health issues by telephone
gies to employers and their employees and correspondence, and at locations
78
other than the employer’s worksite, laws and regulations. The state shall
such as the consultation project of- explain that while utilizing this serv-
fices. It may, under limited conditions ice, an employer remains under a stat-
specified by the Assistant Secretary, utory obligation to provide safe and
include training and education. healthful work and working conditions
for employees. In addition, while the
§ 1908.5 Requests and scheduling for identification of hazards by a consult-
onsite consultation.
ant will not mandate the issuance of
(a) Encouraging requests—(1) State re- citations or penalties, the employer is
sponsibility. The State shall be respon- required to take necessary action to
sible for encouraging employers to re- eliminate employee exposure to a haz-
quest consultative assistance and shall ard which in the judgment of the con-
publicize the availability of its consultant represents an imminent danger
sultative service and the scope of the to employees, and to take action to
service which will be provided. The As- correct within a reasonable time any
sistant Secretary will also engage in serious hazards that are identified. The
activities to publicize and promote the state shall emphasize, however, that
program. the discovery of such a hazard will not
(2) Promotional methods. To inform initiate any enforcement activity, and
employers of the availability of its that referral will not take place, unless
consultative service and to encourage the employer fails to eliminate the
requests, the State may use methods identified hazard within the estab-
such as the following:
lished time frame. The state shall also
(i) Paid newspaper advertisements;
explain the requirements for participa-
(ii) Newspaper, magazine, and trade
tion in the recognition and exemption
publication articles;
program as set forth in § 1908.7(b)(4),
(iii) Special direct mailings or tele-
and shall ensure that the employer un-
phone solicitations to establishments
derstands his or her obligation to post
based on workers’ compensation data
the List of Hazards accompanying the
or other appropriate listings;
consultant’s written report.
(iv) In-person visits to workplaces to
explain the availability of the service, (b) Employer requests. (1) An onsite
and participation at employer con- consultative visit will be provided only
ferences and seminars; at the request of the employer, and
(v) Solicitation of support from State shall not result from the enforcement
business and labor organizations and of any right of entry under state law.
leaders, and public officials; (2) When making a request, an em-
(vi) Solicitation of publicizing by employer in a small, high hazard estab-
ployers and employees who have re- lishment shall generally be encouraged
ceived consultative services; to include within the scope of such re-
(vii) Preparation and dissemination quest all working conditions at the
of publications, descriptive materials, worksite and the employer’s entire
and other appropriate items on con- safety and health program. However, a
sultative services; more limited scope may be encouraged
(viii) Free public service announce- in larger and less hazardous establish-
ments on radio and television. ments. Moreover, any employer may
(3) Scope of service. In its publicity for specify a more limited scope for the
the program, in response to any in- visit by indicating working conditions,
quiry, and before an employer’s request hazards, or situations on which onsite
for a consultative visit may be accept- consultation will be focused. When
ed, the state shall clearly explain that such limited requests are at issue, the
the service is provided at no cost to an consultant will limit review and pro-
employer with federal and state funds vide assistance only with respect to
for the purpose of assisting the em- those working conditions, hazards, or
ployer in establishing and maintaining situations specified; except that if the
effective programs for providing safe consultant observes, in the course of
and healthful places of employment for the onsite visit, hazards which are out-
employees, in accord with the require- side the scope of the request, the con-
ments of the applicable state or federal sultant must treat such hazards as
79
though they were within the scope of followed by a written report to the em-
the request. ployer. Additional visits may be con-
(3) Employers may request onsite ducted at the employer’s request to
consultation to assist in the abatement provide needed education and training,
of hazards cited during an OSHA en- assistance with the employer’s safety
forcement inspection. However, an on- and health program, technical assist-
site consultative visit may not take ance in the correction of hazards, or as
place after an inspection until the con- necessary to verify the correction of
ditions set forth in § 1908.7(b)(3) have serious hazards identified during pre-
been met. vious visits. A compliance inspection
(c) Scheduling priority. Priority shall may in some cases be the basis for a
be assigned to requests from businesses visit limited to education and training,
with the most hazardous operations, assistance with the employer’s safety
with primary attention to smaller and health program, or technical as-
businesses. Preference shall be given to sistance in the correction of hazards.
the smaller businesses which are in (c) Employee participation. (1) The con-
higher hazard industries or which have sultant shall retain the right to confer
the most hazardous conditions at issue with individual employees during the
in the request. course of the visit in order to identify
[49 FR 25094, June 19, 1984, as amended at 65 and judge the nature and extent of par-
FR 64291, Oct. 26, 2000] ticular hazards within the scope of the
employer’s request, and to evaluate the
§ 1908.6 Conduct of a visit. employer’s safety and health program.
(a) Preparation. (1) An onsite consult- The consultant shall explain the neces-
ative visit shall be made only after ap- sity for this contact to the employer
propriate preparation by the consult- during the opening conference, and an
ant. Prior to the visit, the consultant employer must agree to permit such
shall become familiar with as many contact before a visit can proceed.
factors concerning the establishment’s (2)(i) In addition, an employee rep-
operation as possible. The consultant resentative of affected employees must
shall review all applicable codes and be afforded an opportunity to accom-
standards. In addition, the consultant pany the consultant and the employ-
shall assure that all necessary tech- er’s representative during the physical
nical and personal protective equip- inspection of the workplace. The con-
ment is available and functioning prop- sultant may permit additional employ-
erly. ees (such as representatives of a joint
(2) At the time of any promotional safety and health committee, if one ex-
visit conducted by a consultant to en- ists at the worksite) to participate in
courage the use of the onsite consult- the walkaround, where the consultant
ative services, a consultation may be determines that such additional rep-
performed without delay if the em- resentatives will further aid the visit.
ployer so requests and the consultant (ii) If there is no employee represent-
is otherwise prepared to conduct such ative, or if the consultant is unable
consultation. with reasonable certainty to determine
(b) Structured format. An initial onsite who is such a representative, or if the
consultative visit will consist of an employee representative declines the
opening conference, an examination of offer to participate, the consultant
those aspects of the employer’s safety must confer with a reasonable number
and health program which relate to the of employees concerning matters of oc-
scope of the visit, a walkthrough of the cupational safety and health.
workplace, and a closing conference. (iii) The consultant is authorized to
An initial visit may include training deny the right to accompany under
and education for employers and em- this section to any person whose con-
ployees, if the need for such training duct interferes with the orderly con-
and education is revealed by the duct of the visit.
walkthrough of the workplace and the (d) Opening and closing conferences. (1)
examination of the employer’s safety The consultant will encourage a joint
and health program, and if the em- opening conference with employer and
ployer so requests. The visit shall be employee representatives. If there is an
80
objection to a joint conference, the and provide advice on modifications or

consultant will conduct separate con- additions to make such programs more
ferences with employer and employee effective.
representatives. The consultant must (4) Consultants shall identify and
inform affected employees, with whom provide advice on correction of those
he confers, of the purpose of the con- hazards included in the employer’s re-
sultation visit. quest and any other safety or health
(2) In addition to the requirements of hazards observed in the workplace dur-
paragraph (c) of this section, the con- ing the course of the onsite consult-
sultant will, in the opening conference, ative visit. This advice shall include
explain to the employer the relation- basic information indicating the possi-
ship between onsite consultation and bility of a solution and describing the
OSHA enforcement activity, explain general form of the solution. The con-
the obligation to protect employees in sultant shall conduct sampling and
the event that certain hazardous condi- testing, with subsequent analyses. as
tions are identified, and emphasize the may be necessary to confirm the exist-
employer’s obligation to post the List ence of safety and health hazards.
of Hazards accompanying the consult- (5) Advice and technical assistance
ant’s written report as described in on the correction of identified safety
paragraph (e)(8) of this section. and health hazards may be provided to
(3) At the conclusion of the consulta- employers during and after the onsite
tion visit, the consultant will conduct consultative visit. Descriptive mate-
a closing conference with employer and rials may be provided on approaches,
employee representatives, jointly or means, techniques, and other appro-
separately. The consultant will de- priate items commonly utilized for the
scribe hazards identified during the elimination or control of such hazards.
visit and other pertinent issues related The consultants shall also advise the
to employee safety and health.
employers of additional sources of as-
(e) Onsite activity. (1) Activity during
sistance, if known.
the onsite consultative visit will focus
(6) When a hazard is identified in the
primarily on those areas, conditions, or
workplace, the consultant shall indi-
hazards regarding which the employer
has requested assistance. An employer cate to the employer the consultant’s
may expand or reduce the scope of the best judgment as to whether the situa-
request at any time during the onsite tion would be classified as a ‘‘serious’’
visit. The consultant shall, if prepared or ‘‘other-than-serious’’ hazard.
and if scheduling priorities permit, ex- (7) At the time the consultant deter-
pand the scope of the visit at the time mines that a serious hazard exists, the
of the request. If the employer’s re- consultant will assist the employer to
quest for expansion necessitates fur- develop a specific plan to correct the
ther preparation by the consultant or hazard, affording the employer a rea-
the expertise of another consultant, or sonable period of time to complete the
if other employer requests may merit necessary action. The state must pro-
higher priority, the consultant shall vide, upon request from the employer
refer the request to the consultation within 15 working days of receipt of the
manager for scheduling. In all cases in consultant’s report, a prompt oppor-
which the scope of the visit is reduced, tunity for an informal discussion with
the consultant remains obligated to the consultation manager regarding
work with the employer to ensure cor- the period of time established for the
rection of those serious hazards which correction of a hazard or any other
are identified during the visit. substantive finding of the consultant.
(2) The consultant shall advise the (8) As a condition for receiving the
employer as to the employer’s obliga- consultation service, the employer
tions and responsibilities under appli- must agree to post the List of Hazards
cable Federal or State law and imple- accompanying the consultant’s written
menting regulations. report, and to notify affected employ-
(3) Within the scope of the employer’s ees when hazards are corrected. When
request, consultants shall review the received, the List of Hazards must be
employer’s safety and health program posted, unedited, in a prominent place
81
where it is readily observable by all af- (4) If the employer fails to take the
fected employees for 3 working days, or action necessary to correct a serious
until the hazards are corrected, which- hazard within the established time
ever is later. A copy of the List of Haz- frame or any extensions thereof, the
ards must be made available to the em- consultation manager shall imme-
ployee representative who participates diately notify the appropriate OSHA
in the visit. In addition, the employer enforcement authority and provide the
must agree to make information on the relevant information. The OSHA en-
corrective actions proposed by the con- forcement authority will make a deter-
sultant, as well as other-than-serious mination, based on a review of the
hazards identified, available at the facts, whether enforcement activity is
worksite for review by affected em- warranted.
ployees or the employee representa- (5) After correction of all serious haz-
tive. OSHA will not schedule a compli- ards, the employer shall notify the con-
ance inspection in response to a com- sultation manager by written con-
plaint based upon a posted List of Haz- firmation of the correction of the haz-
ards unless the employer fails to meet ards, unless correction of the serious
his obligations under paragraph (f) of hazards is verified by direct observa-
this section, or fails to provide interim tion by the consultant.
protection for exposed employees.
(g) Written report. (1) A written report
(f) Employer obligations. (1) An em-
shall be prepared for each visit which
ployer must take immediate action to
results in substantive findings or rec-
eliminate employee exposure to a haz-
ommendations, and shall be sent to the
ard which, in the judgment of the con-
employer. The timing and format of
sultant, presents an imminent danger
the report shall be approved by the As-
to employees. If the employer fails to
take the necessary action, the consult- sistant Secretary. The report shall re-
ant must immediately notify the af- state the employer’s request and de-
fected employees and the appropriate scribe the working conditions exam-
OSHA enforcement authority and pro- ined by the consultant; shall, within
vide the relevant information. the scope of the request, evaluate the
(2) An employer must also take the employer’s program for ensuring safe
necessary action in accordance with and healthful employment and provide
the plan developed under paragraph recommendations for making such pro-
(e)(7) of this section to eliminate or grams effective; shall identify specific
control employee exposure to any iden- hazards and describe their nature, in-
tified serious hazard, and meet the cluding reference to applicable stand-
posting requirements of paragraph ards or codes; shall identify the seri-
(e)(8) of this section. In order to dem- ousness of the hazards; and, to the ex-
onstrate that the necessary action is tent possible, shall include suggested
being taken, an employer may be re- means or approaches to their correc-
quired to submit periodic reports, per- tion. Additional sources of assistance
mit a follow-up visit, or take similar shall also be indicated, if known, in-
action that achieves the same end. cluding the possible need to procure
(3) An employer may request, and the specific engineering consultation, med-
consultation manager may grant, an ical advice and assistance, and other
extension of the time frame established appropriate items. The report shall
for correction of a serious hazard when also include reference to the comple-
the employer demonstrates having tion dates for the situations described
made a good faith effort to correct the in § 1908.6(f) (1) and (2).
hazard within the established time (2) Because the consultant’s written
frame; shows evidence that correction report contains information considered
has not been completed because of fac- confidential, and because disclosure of
tors beyond the employer’s reasonable such reports would adversely affect the
control; and shows evidence that the operation of the OSHA consultation
employer is taking all available in- program, the state shall not disclose
terim steps to safeguard the employees the consultant’s written report except
against the hazard during the correc- to the employer for whom it was pre-
tion period. pared and as provided for in
82
§ 1908.7(a)(3). The state may also dis- to eliminate serious hazards,) para-
close information contained in the con- graph (b)(1) of this section (inspection
sultant’s written report to the extent deferral) and paragraph (b)(4) of this
required by 29 CFR 1910.1020 or other section (recognition and exemption
applicable OSHA standards or regula- program).
tions. (b) Effect upon scheduling. (1) An on-
(h) Confidentiality. (1) The consultant site consultative visit already in
shall preserve the confidentiality of in- progress will have priority over OSHA
formation obtained as the result of a compliance inspections except as pro-
consultative visit which contains or vided in paragraph (b)(2) of this sec-
might reveal a trade secret of the em- tion. The consultant and the employer
ployer. shall notify the compliance officer of
(2) Disclosure of consultation pro- the visit in progress and request delay
gram information which identifies em- of the inspection until after the visit is
ployers who have requested the serv- completed. An onsite consultative visit
ices of a consultant would adversely af- shall be considered ‘‘in progress’’ in re-
fect the operation of the OSHA con- lation to the working conditions, haz-
sultation program as well as breach the ards, or situations covered by the visit
confidentiality of commercial informa- from the beginning of the opening con-
tion not customarily disclosed by the ference through the end of the correc-
employer. Accordingly, the state shall tion due dates and any extensions
keep such information confidential. thereof. OSHA may, in exercising its
The state shall provide consultation authority to schedule compliance in-
program information requested by spections, assign a lower priority to
OSHA, including information which worksites where consultation visits are
identifies employers who have re- scheduled.
quested consultation services. OSHA (2) The consultant shall terminate an
may use such information to admin- onsite consultative visit already in
ister the consultation program and to progress where one of the following
evaluate state and federal performance kinds of OSHA compliance inspections
under that program, but shall, to the is about to take place:
maximum extent permitted by law, (i) Imminent danger investigations;
treat information which identifies spe- (ii) Fatality/catastrophe investiga-
cific employers as exempt from public tions;
disclosure. (iii) Complaint investigations;
(Approved by the Office of Management and (iv) Other critical inspections as de-
Budget under control number 1218–0110) termined by the Assistant Secretary.
[49 FR 25094, June 19, 1984, as amended at 54 (3) An onsite consultation visit may
FR 24333, June 7, 1989; 65 FR 64291, Oct. 26, not take place while an OSHA enforce-
2000] ment inspection is in progress at the
establishment. An enforcement inspec-
§ 1908.7 Relationship to enforcement. tion shall be deemed ‘‘in progress’’
(a) Independence. (1) Consultative ac- from the time a compliance officer ini-
tivity by a State shall be conducted tially seeks entry to the workplace to
independently of any OSHA enforce- the end of the closing conference. An
ment activity. enforcement inspection will also be
(2) The consultative activity shall considered ‘‘in progress’’ in cases where
have its own identifiable managerial entry is refused, until such times as:
staff. In States with Plans approved the inspection is conducted; the RA de-
under section 18 of the Act, this staff termines that a warrant to require
will be separate from the managing of entry to the workplace will not be
compliance inspections and scheduling. sought; or the RA determines that al-
(3) The identity of employers request- lowing a consultative visit to proceed
ing onsite consultation, as well as the is in the best interest of employee safe-
file of the consultant’s visit, shall not ty and health. An onsite consultative
be provided to OSHA for use in any visit shall not take place subsequent to
compliance activity, except as provided an OSHA enforcement inspection until
for in § 1908.6(f)(1) (failure to eliminate a determination has been made that no
imminent danger,) § 1908.6(f)(4) (failure citation will be issued, or if a citation
83
is issued, onsite consultation shall only provisions of § 1908.6(e)(7), (e)(8), (f)(3),

take place with regard to those cita- and (f)(5) shall apply to other-than-se-
tion items which have become final or- rious hazards as well as serious haz-
ders. ards.
(4) The recognition and exemption (c) Effect upon enforcement. (1) The ad-
program operated by the OSHA con- vice of the consultant and the consult-
sultation projects provide incentives ant’s written report will not be binding
and support to smaller, high-hazard on a compliance officer in a subsequent
employers to work with their employ- enforcement inspection. In a subse-
ees to develop, implement, and con- quent inspection, a compliance officer
tinuously improve the effectiveness of is not precluded from finding hazardous
their workplace safety and health man- conditions, or violations of standards,
agement system. rules or regulations, for which cita-
(i) Programmed Inspection Schedule. tions would be issued and penalties
(A) When an employer requests partici- proposed.
pation in a recognition and exemption (2) The hazard identification and cor-
program, and undergoes a consultative rection assistance given by a State
visit covering all conditions and oper- consultant, or the failure of a consult-
ations in the place of employment re- ant to point out a specific hazard, or
lated to occupational safety and other possible errors or omissions by
health; corrects all hazards that were the consultant, shall not be binding
identified during the course of the con- upon a compliance officer and need not
sultative visit within established time affect the regular conduct of a compli-
frames; has began to implement all the ance inspection or preclude the finding
elements of an effective safety and of alleged violations and the issuance
health program; and agrees to request of citations, or constitute a defense to
a consultative visit if major changes in any enforcement action.
working conditions or work processes (3) In the event of a subsequent in-
occur which may introduce new haz- spection, the employer is not required
ards, OSHA’s Programmed Inspections to inform the compliance officer of the
at that particular site may be deferred prior visit. The employer is not re-
while the employer is working to quired to provide a copy of the state
achieve recognition and exemption sta- consultant’s written report to the com-
tus. pliance officer, except to the extent
(B) Employers who meet all the re- that disclosure of information con-
quirements for recognition and exemp- tained in the report is required by 29
tion will have the names of their estab- CFR 1910.1020 or other applicable OSHA
lishments removed from OSHA’s Pro- standard or regulation. If, during a
grammed Inspection Schedule for a pe- subsequent enforcement investigation,
riod of not less than one year. The ex- OSHA independently determines there
emption period will extend from the is reason to believe that the employer:
date of issuance by the Regional Office failed to correct serious hazards identi-
of the certificate of recognition. fied during the course of a consultation
(ii) Inspections. OSHA will continue visit; created the same hazard again; or
to make inspections in the following made false statements to the state or
categories at sites that achieved rec- OSHA in connection with participation
ognition status and have been granted in the consultation program, OSHA
exemption from OSHA’s Programmed may exercise its authority to obtain
Inspection Schedule; and at sites the consultation report.
granted inspection deferrals as pro- (4) If, however, the employer chooses
vided for under paragraph (b)(4)(i)(A) of to provide a copy of the consultant’s
this section: report to a compliance officer, it may
(A) Imminent danger. be used as a factor in determining the
(B) Fatality/Catastrophe. extent to which an inspection is re-
(C) Formal Complaints. quired and as a factor in determining
(5) When an employer requests con- proposed penalties. When, during the
sideration for participation in the rec- course of a compliance inspection, an
ognition and exemption program under OSHA compliance officer identifies the
paragraph (b)(4) of this section, the existence of serious hazards previously
84
identified as a result of a consultative All consultants shall be selected in ac-

visit, the Area Director shall have au- cordance with the provisions of Execu-
thority to assess minimum penalties if tive Order 11246 of September 24, 1965,
the employer is in good faith com- as amended, entitled ‘‘Equal Employ-
plying with the recommendations of a ment Opportunity.’’
consultant after such consultative (2) Minimum requirements of con-
visit. sultants shall include the following:
(i) The ability to identify hazards;
Budget under control number 1218–0110) the ability to assess employee exposure
and risk; knowledge of OSHA stand-
ards; knowledge of hazard correction
FR 24333, June 7, 1989; 65 FR 64292, Oct. 26,
2000] techniques and practices; knowledge of
workplace safety and health program
§ 1908.8 Consultant specifications. requirements; and the ability to effec-
(a) Number. (1) The number of con- tively communicate, both orally and in
sultant positions which will be funded writing.
under a Cooperative Agreement pursu- (ii) Consultants shall meet any addi-
ant to this part for the purpose of pro- tional degree and/or experience re-
viding consultation to private sector quirements as may be established by
employers will be determined by the the Assistant Secretary.
Assistant Secretary on the basis of pro- (c) Training. As necessary, the Assist-
gram performance, demand for serv- ant Secretary will specify immediate
ices, industrial mix, resources avail- and continuing training requirements
able, and the recommendation of the for consultants. Expenses for training
RA, and may be adjusted periodically. which is required by the Assistant Sec-
(2) States shall make efforts to uti- retary or approved by the RA will be
lize consultants with the safety and reimbursed in full.
health expertise necessary to properly
§ 1908.9 Monitoring and evaluation.
meet the demand for consultation by
the various industries within a State. (a) Assistant Secretary responsibility. A
The RA will determine and negotiate a State’s performance under a Coopera-
reasonable balance with the State on tive Agreement will be regularly mon-
an annual basis. itored and evaluated by the Assistant
(b) Qualifications. (1) All consultants Secretary as part of a systematic Fed-
utilized under Cooperative Agreements eral plan for this activity. The Assist-
pursuant to this part shall be employ- ant Secretary may require changes as a
ees of the State, qualified under State result of these evaluations to foster
requirements for employment in occu- conformance with consultation policy.
pational safety and health. They must If the State policies or practices which
demonstrate adequate education and require change are such that the
experience to satisfy the RA before as- State’s assurance of correction of seri-
signment to work under an Agreement, ous hazards and of the effectiveness of
and annually thereafter, that they employers’ safety and health programs
meet the requirements set out in is in doubt, the Assistant Secretary
§ 1908.8(b)(2), and that they have the may, pending the completion of the
ability to perform satisfactorily pursu- changes, suspend recognition of a
ant to the Cooperative Agreement. Per- State’s consultative visits as a basis
sons who have the potential but do not for exemption from compliance inspec-
yet demonstrate adequate education tion as permitted under § 1908.7(b)(4).
and experience to satisfy the RA that (b) Consultant performance—(1) State
they have the ability to perform con- activity. The State shall establish and
sultant duties independently may, with maintain an organized consultant per-
RA approval, be trained under a Coop- formance monitoring system under the
erative Agreement to perform consult- Cooperative Agreement:
ant duties. Such persons may not, how- (i) Operation of the system shall con-
ever, perform consultant duties inde- form to all requirements established by
pendently until it has been determined the Assistant Secretary. The system
by the RA that they meet the require- shall be approved by the Assistant Sec-
ments and have the ability indicated. retary before it is placed in operation.
85
(ii) A performance evaluation of each State shall compile and submit such
State consultant performing consulta- factual and statistical data in the for-
tion services for employers shall be mat and at the frequency required by
prepared annually. All aspects of a con- the Assistant Secretary. The State
sultant’s performance shall be reviewed shall prepare and submit to the RA any
at that time. Recommendation for re- narrative reports, including copies of
medial action shall be made and acted written reports to employers as may be
upon. The annual evaluation report required by the Assistant Secretary.
shall be a confidential State personnel
record and may be timed to coincide Budget under control number 1218–0110)
with regular personnel evaluations.
(iii) Performance of individual con- [49 FR 25094, June 19, 1984, as amended at 54
sultants shall be measured in terms of FR 24333, June 7, 1989]
their ability to identify hazards in the § 1908.10 Cooperative Agreements.
workplaces which they have visited;
their ability to determine employee ex- (a) Who may make Agreements. The As-
posure and risk, and in particular their sistant Secretary may make a Coopera-
performance under § 1908.6 (e) and (f); tive Agreement under this part with
their knowledge and application of ap- the Governor of a State or with any
plicable Federal or State statutes, reg- State agency designated for that pur-
ulations or standards; their knowledge pose by the Governor.
and application of appropriate hazard (b) Negotiations. (1) Procedures for ne-
correction techniques and approaches; gotiations may be obtained through
their knowledge and application of the the RA who will negotiate for the As-
requirements of an effective workplace sistant Secretary and make final rec-
safety and health program; and their ommendations on each Agreement to
ability to communicate effectively the Assistant Secretary.
their findings and recommendations (2) States with Plans approved under
and the reasons for them to employers, section 18 of the Act may initiate nego-
and relevant information, skills and tiations in anticipation of the with-
techniques to employers and employ- drawal from the Plan of Federally
ees. funded onsite consultation services to
(iv) Accompanied visits to observe private sector employers.
consultants during onsite consultative (3) Renegotiation of existing Agree-
visits shall be conducted periodically ments funded under this part shall be
in accord with a plan established in initiated within 30 days of the effective
each annual Cooperative Agreement. date of these revisions.
The State may also conduct unaccom- (c) Contents of Cooperative Agreement.
panied visits to workplaces which re- (1) Any Agreement and subsequent
ceived onsite consultation, for the pur- modifications shall be in writing and
pose of evaluating consultants. A writ- signed by both parties.
ten report of each visit shall be pro- (2) Each Agreement shall provide
vided to the consultant. These visits that the State will conform its oper-
shall be conducted only with the ex- ations under the Agreement to:
pressed permission of the employer (i) The requirements contained in
who requests the onsite consultative this part 1908;
visit. (ii) All related formal directives sub-
(v) The State will report quarterly to sequently issued by the Assistant Sec-
the RA on system operations, including retary implementing this regulation.
copies of accompanied visit reports (3) Each Agreement shall contain
completed that quarter. such other explicit written commit-
(2) Federal activity. State consultant ments in conformance with the provi-
performance monitoring as set out in sions of this part as may be required by
§ 1908.9(b)(1) shall not preclude Federal the Assistant Secretary. Each Agree-
monitoring activity by methods deter- ment shall also include a budget of the
mined to be appropriate by the Assist- State’s anticipated expenditures under
ant Secretary. the Agreement, in the detail and for-
(c) State reporting. For Federal moni- mat required by the Assistant Sec-
toring and evaluation purposes, the retary.
86
Occupational Safety and Health Admin., Labor Pt. 1910
(d) Location of sample Cooperative 1910.12 Construction work.

Agreement. A sample Agreement is 1910.15 Shipyard employment.
available for inspection at all Regional 1910.16 Longshoring and marine terminals.
Offices of the Occupational Safety and 1910.17 Effective dates.
1910.18 Changes in established Federal
Health Administration of the U.S. De- standards.
partment of Labor. 1910.19 Special provisions for air contami-
(e) Action upon requests. The State nants.
will be notified within a reasonable pe-
riod of time of any decision concerning Subpart C [Reserved]
its request for a Cooperative Agree-
ment. If a request is denied, the State Subpart D—Walking-Working Surfaces
will be informed in writing of the rea-
sons supporting the decision. If a Coop- 1910.22 General requirements.
erative Agreement is negotiated, the 1910.23 Guarding floor and wall openings
initial finding will specify the period and holes.
for the Agreement. Additional funds 1910.24 Fixed industrial stairs.
may be added at a later time provided 1910.25 Portable wood ladders.
the activity is satisfactorily carried 1910.26 Portable metal ladders.
out and appropriations are available. 1910.27 Fixed ladders.
The State may also be required to 1910.28 Safety requirements for scaffolding.
1910.29 Manually propelled mobile ladder
amend the Agreement for continued
stands and scaffolds (towers).
support. 1910.30 Other working surfaces.
(f) Termination. Either party may ter-
minate a Cooperative Agreement under Subpart E—Means of Egress
this part upon 30 days’ written notice
to the other party. 1910.33 Table of contents.
1910.34 Coverage and definitions.
(Approved by the Office of Management and 1910.35 Compliance with NFPA 101–2000, Life
Budget under control number 1218–0110) Safety Code.
[49 FR 25094, June 19, 1984, as amended at 54 1910.36 Design and construction require-
FR 24333, June 7, 1989] ments for exit routes.
1910.37 Maintenance, safeguards, and oper-
§ 1908.11 Exclusions. ational features for exit routes.
1910.38 Emergency action plans.
A Cooperative Agreement under this 1910.39 Fire prevention plans.
part will not restrict in any manner APPENDIX TO SUBPART E—EXIT ROUTES,
the authority and responsibility of the EMERGENCY ACTION PLANS, AND FIRE PRE-
Assistant Secretary under sections 8, 9, VENTION PLANS
10, 13, and 17 of the Act, or any cor-
responding State authority. Subpart F—Powered Platforms, Manlifts,
and Vehicle-Mounted Work Platforms
PART 1910—OCCUPATIONAL 1910.66 Powered platforms for building
SAFETY AND HEALTH STANDARDS maintenance.
1910.67 Vehicle-mounted elevating and ro-
Subpart A—General tating work platforms.
1910.68 Manlifts.
Sec.
1910.1 Purpose and scope. Subpart G—Occupational Health and
1910.2 Definitions. Environmental Control
1910.3 Petitions for the issuance, amend-
ment, or repeal of a standard. 1910.94 Ventilation.
1910.4 Amendments to this part. 1910.95 Occupational noise exposure.
1910.5 Applicability of standards. 1910.97 Nonionizing radiation.
1910.6 Incorporation by reference. 1910.98 Effective dates.
1910.7 Definition and requirements for a na-
tionally recognized testing laboratory. Subpart H—Hazardous Materials
1910.8 OMB control numbers under the Pa-
perwork Reduction Act. 1910.101 Compressed gases (general require-
ments).
Subpart B—Adoption and Extension of 1910.102 Acetylene.
Established Federal Standards 1910.103 Hydrogen.
1910.104 Oxygen.
1910.11 Scope and purpose. 1910.105 Nitrous oxide.
87
Pt. 1910 29 CFR Ch. XVII (7–1–07 Edition)
1910.106 Flammable and combustible liq- 1910.156 Fire brigades.
uids.
1910.107 Spray finishing using flammable PORTABLE FIRE SUPPRESSION EQUIPMENT
and combustible materials. 1910.157 Portable fire extinguishers.
1910.108 [Reserved] 1910.158 Standpipe and hose systems.
1910.109 Explosives and blasting agents.
1910.110 Storage and handling of liquified FIXED FIRE SUPPRESSION EQUIPMENT
petroleum gases.
1910.111 Storage and handling of anhydrous 1910.159 Automatic sprinkler systems.
ammonia. 1910.160 Fixed extinguishing systems, gen-
1910.112–1910.113 [Reserved] eral.
1910.119 Process safety management of high- 1910.161 Fixed extinguishing systems, dry
ly hazardous chemicals. chemical.
1910.120 Hazardous waste operations and 1910.162 Fixed extinguishing systems, gas-
emergency response. eous agent.
1910.121 [Reserved] 1910.163 Fixed extinguishing systems, water
spray and foam.
DIPPING AND COATING OPERATIONS
OTHER FIRE PROTECTION SYSTEMS
1910.122 Table of contents.
1910.123 Dipping and coating operations: 1910.164 Fire detection systems.
Coverage and definitions. 1910.165 Employee alarm systems.
1910.124 General requirements for dipping APPENDICES TO SUBPART L OF PART 1910—
and coating operations. NOTE
1910.125 Additional requirements for dipping APPENDIX A TO SUBPART L—FIRE PROTECTION
and coating operations that use flam- APPENDIX B TO SUBPART L—NATIONAL CON-
mable or combustible liquids. SENSUS STANDARDS
1910.126 Additional requirements for special APPENDIX C TO SUBPART L—FIRE PROTECTION
dipping and coating operations. REFERENCES FOR FURTHER INFORMATION
APPENDIX D TO SUBPART L—AVAILABILITY OF
Subpart I—Personal Protective Equipment PUBLICATIONS INCORPORATED BY REF-
ERENCE IN SECTION 1910.156 FIRE BRIGADES
1910.132 General requirements. APPENDIX E TO SUBPART L—TEST METHODS
1910.133 Eye and face protection. FOR PROTECTIVE CLOTHING
1910.134 Respiratory protection.
1910.135 Head protection. Subpart M—Compressed Gas and
1910.136 Foot protection.
1910.137 Electrical protective equipment. Compressed Air Equipment
1910.138 Hand protection. 1910.166–1910.168 [Reserved]
APPENDIX A TO SUBPART I—REFERENCES FOR 1910.169 Air receivers.
FURTHER INFORMATION (NON-MANDATORY)
APPENDIX B TO SUBPART I—NON-MANDATORY Subpart N—Materials Handling and
COMPLIANCE GUIDELINES FOR HAZARD AS- Storage
SESSMENT AND PERSONAL PROTECTIVE
EQUIPMENT SELECTION 1910.176 Handling materials—general.
1910.177 Servicing multi-piece and single
Subpart J—General Environmental Controls piece rim wheels.
1910.178 Powered industrial trucks.
1910.141 Sanitation. 1910.179 Overhead and gantry cranes.
1910.142 Temporary labor camps. 1910.180 Crawler locomotive and truck
1910.143 Nonwater carriage disposal sys- cranes.
tems. [Reserved] 1910.181 Derricks.
1910.144 Safety color code for marking phys- 1910.183 Helicopters.
ical hazards. 1910.184 Slings.
1910.145 Specifications for accident preven-
tion signs and tags.
Subpart O—Machinery and Machine
1910.146 Permit-required confined spaces.
1910.147 The control of hazardous energy Guarding
(lockout/tagout). 1910.211 Definitions.
1910.212 General requirements for all ma-
Subpart K—Medical and First Aid chines.
1910.151 Medical services and first aid. 1910.213 Woodworking machinery require-
1910.152 [Reserved] ments.
1910.214 Cooperage machinery. [Reserved]
Subpart L—Fire Protection 1910.215 Abrasive wheel machinery.
1910.216 Mills and calenders in the rubber
1910.155 Scope, application and definitions and plastics industries.
applicable to this subpart. 1910.217 Mechanical power presses.
88
Occupational Safety and Health Admin., Labor Pt. 1910
1910.218 Forging machines. SAFETY REQUIREMENTS FOR SPECIAL
1910.219 Mechanical power-transmission ap- EQUIPMENT
paratus.
1910.381–1910.398 [Reserved]
Subpart P—Hand and Portable Powered DEFINITIONS
Tools and Other Hand-Held Equipment
1910.399 Definitions applicable to this sub-
1910.241 Definitions. part.
1910.242 Hand and portable powered tools APPENDIX A TO SUBPART S—REFERENCE DOC-
and equipment, general. UMENTS
1910.243 Guarding of portable powered tools. APPENDIX B TO SUBPART S—EXPLANATORY
1910.244 Other portable tools and equip- DATA [RESERVED]
ment. APPENDIX C TO SUBPART S—TABLES, NOTES,
AND CHARTS [RESERVED]
Subpart Q—Welding, Cutting and Brazing
Subpart T—Commercial Diving Operations
1910.252 General requirements. GENERAL
1910.253 Oxygen-fuel gas welding and cut- 1910.401 Scope and application.
ting. 1910.402 Definitions.
1910.254 Arc welding and cutting.
1910.255 Resistance welding. PERSONNEL REQUIREMENTS
Subpart R—Special Industries 1910.410 Qualifications of dive team.

GENERAL OPERATIONS PROCEDURES
1910.261 Pulp, paper, and paperboard mills.
1910.262 Textiles. 1910.420 Safe practices manual.
1910.263 Bakery equipment. 1910.421 Pre-dive procedures.
1910.264 Laundry machinery and operations. 1910.422 Procedures during dive.
1910.265 Sawmills. 1910.423 Post-dive procedures.
1910.266 Logging operations.
1910.268 Telecommunications. SPECIFIC OPERATIONS PROCEDURES
1910.269 Electric power generation, trans- 1910.424 SCUBA diving.
mission, and distribution. 1910.425 Surface-supplied air diving.
1910.272 Grain handling facilities. 1910.426 Mixed-gas diving.
1910.427 Liveboating.
Subpart S—Electrical
EQUIPMENT PROCEDURES AND REQUIREMENTS
GENERAL
1910.430 Equipment.
1910.301 Introduction.
RECORDKEEPING
DESIGN SAFETY STANDARDS FOR ELECTRICAL
SYSTEMS 1910.440 Recordkeeping requirements.
APPENDIX A TO SUBPART T OF PART 1910—EX-
1910.302 Electric utilization systems. AMPLES OF CONDITIONS WHICH MAY RE-
1910.303 General requirements. STRICT OR LIMIT EXPOSURE TO
1910.304 Wiring design and protection. HYPERBARIC CONDITIONS
1910.305 Wiring methods, components, and APPENDIX B TO SUBPART T OF PART 1910—
equipment for general use. GUIDELINES FOR SCIENTIFIC DIVING
1910.306 Specific purpose equipment and in- APPENDIX C TO SUBPART T OF PART 1910—AL-
stallations. TERNATIVE CONDITIONS UNDER
1910.307 Hazardous (classified) locations. § 1910.401(a)(3) FOR RECREATIONAL DIVING
1910.308 Special systems. INSTRUCTORS AND DIVING GUIDES (MANDA-
1910.309–1910.330 [Reserved] TORY)
SAFETY-RELATED WORK PRACTICES

Subparts U–Y [Reserved]
1910.331 Scope.
1910.332 Training. 1910.901–1910.999 [Reserved]
1910.333 Selection and use of work practices. SOURCE: 39 FR 23502, June 27, 1974, unless
1910.334 Use of equipment. otherwise noted.
1910.335 Safeguards for personnel protec-
tion.
1910.336–1910.360 [Reserved] Subpart A—General
SAFETY-RELATED MAINTENANCE
AUTHORITY: Sections 4, 6, and 8 of the Occu-
REQUIREMENTS
pational Safety and Health Act of 1970 (29
1910.361–1910.380 [Reserved] U.S.C. 653, 655, and 657); Secretary of Labor’s
89
Order No. 12–71 (36 FR 8754), 8–76 (41 FR (b) This part carries out the directive
25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6– to the Secretary of Labor under section
96 (62 FR 111), 3–2000 (65 FR 50017), and 5–2002 6(a) of the Act. It contains occupa-
(67 FR 65008), as applicable.
Sections 1910.7 and 1910.8 also issued under
tional safety and health standards
29 CFR part 1911. Section 1910.7(f) also issued which have been found to be national
under 31 U.S.C. 9701, 29 U.S.C. 9 a, 5 U.S.C. consensus standards or established
553; Public Law 106–113 (113 Stat. 1501A–222); Federal standards.
and OMB Circular A–25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993). § 1910.2 Definitions.
EFFECTIVE DATE NOTE: At 72 FR 7190, Feb- As used in this part, unless the con-
ruary 14, 2007, the authority citation for Sub- text clearly requires otherwise:
part A was revised, effective Aug. 13, 2007. (a) Act means the Williams-Steiger
For the convenience of the user, the revised Occupational Safety and Health Act of
text is set forth as follows:
1970 (84 Stat. 1590).
pational Safety and Health Act of 1970 (29 (b) Assistant Secretary of Labor means
U.S.C. 653, 655, and 657); Secretary of Labor’s the Assistant Secretary of Labor for
Order No. 12–71 (36 FR 8754), 8–76 (41 FR Occupational Safety and Health;
25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6– (c) Employer means a person engaged
96 (62 FR 111), 3–2000 (65 FR 50017), or 5–2002 in a business affecting commerce who
(67 FR 65008), as applicable. has employees, but does not include
Sections 1910.6, 1910.7, and 1910.8 also issued
under 29 CFR part 1911. Section 1910.7(f) also
the United States or any State or po-
issued under 31 U.S.C. 9701, 29 U.S.C. 9 a, 5 litical subdivision of a State;
U.S.C. 553; Public Law 106–113 (113 Stat. (d) Employee means an employee of an
1501A–222); and OMB Circular A–25 (dated employer who is employed in a busi-
July 8, 1993) (58 FR 38142, July 15, 1993). ness of his employer which affects com-
merce;
§ 1910.1 Purpose and scope. (e) Commerce means trade, traffic,
(a) Section 6(a) of the Williams- commerce, transportation, or commu-
Steiger Occupational Safety and nication among the several States, or
Health Act of 1970 (84 Stat. 1593) pro- between a State and any place outside
vides that ‘‘without regard to chapter 5 thereof, or within the District of Co-
of title 5, United States Code, or to the lumbia, or a possession of the United
other subsections of this section, the States (other than the Trust Territory
Secretary shall, as soon as practicable of the Pacific Islands), or between
during the period beginning with the points in the same State but through a
effective date of this Act and ending 2 point outside thereof;
years after such date, by rule promul- (f) Standard means a standard which
gate as an occupational safety or requires conditions, or the adoption or
health standard any national con- use of one or more practices, means,
sensus standard, and any established methods, operations, or processes, rea-
Federal standard, unless he determines sonably necessary or appropriate to
that the promulgation of such a stand- provide safe or healthful employment
ard would not result in improved safety and places of employment;
or health for specifically designated (g) National consensus standard means
employees.’’ The legislative purpose of any standard or modification thereof
this provision is to establish, as rapidly which (1) has been adopted and promul-
as possible and without regard to the gated by a nationally recognized stand-
rule-making provisions of the Adminis- ards-producing organization under pro-
trative Procedure Act, standards with cedures whereby it can be determined
which industries are generally famil- by the Secretary of Labor or by the As-
iar, and on whose adoption interested sistant Secretary of Labor that persons
and affected persons have already had interested and affected by the scope or
an opportunity to express their views. provisions of the standard have reached
Such standards are either (1) national substantial agreement on its adoption,
concensus standards on whose adoption (2) was formulated in a manner which
affected persons have reached substan- afforded an opportunity for diverse
tial agreement, or (2) Federal stand- views to be considered, and (3) has been
ards already established by Federal designated as such a standard by the
statutes or regulations. Secretary or the Assistant Secretary,
90
after consultation with other appro- § 1910.4 Amendments to this part.

priate Federal agencies; and
(a) The Assistant Secretary of Labor
(h) Established Federal standard means shall have all of the authority of the
any operative standard established by Secretary of Labor under sections 3(9)
any agency of the United States and in and 6(a) of the Act.
effect on April 28, 1971, or contained in (b) The Assistant Secretary of Labor
any Act of Congress in force on the may at any time before April 28, 1973,
date of enactment of the Williams- on his own motion or upon the written
Steiger Occupational Safety and petition of any person, by rule promul-
Health Act. gate as a standard any national con-
sensus standard and any established
§ 1910.3 Petitions for the issuance,
amendment, or repeal of a stand- Federal standard, pursuant to and in
ard. accordance with section 6(a) of the Act,
and, in addition, may modify or revoke
(a) Any interested person may peti- any standard in this part 1910. In the
tion in writing the Assistant Secretary event of conflict among any such
of Labor to promulgate, modify, or re- standards, the Assistant Secretary of
voke a standard. The petition should Labor shall take the action necessary
set forth the terms or the substance of to eliminate the conflict, including the
the rule desired, the effects thereof if revocation or modification of a stand-
promulgated, and the reasons therefor. ard in this part, so as to assure the
(b)(1) The relevant legislative history greatest protection of the safety or
of the Act indicates congressional rec- health of the affected employees.
ognition of the American National
Standards Institute and the National § 1910.5 Applicability of standards.
Fire Protection Association as the (a) Except as provided in paragraph
major sources of national consensus (b) of this section, the standards con-
standards. National consensus stand- tained in this part shall apply with re-
ards adopted on May 29, 1971, pursuant spect to employments performed in a
to section 6(a) of the Act are from workplace in a State, the District of
those two sources. However, any orga- Columbia, the Commonwealth of Puer-
nization which deems itself a producer to Rico, the Virgin Islands, American
of national consensus standards, within Samoa, Guam, Trust Territory of the
the meaning of section 3(9) of the Act, Pacific Islands, Wake Island, Outer
is invited to submit in writing to the Continental Shelf lands defined in the
Assistant Secretary of Labor at any Outer Continental Shelf Lands Act,
time prior to February 1, 1973, all rel- Johnston Island, and the Canal Zone.
evant information which may enable (b) None of the standards in this part
the Assistant Secretary to determine shall apply to working conditions of
whether any of its standards satisfy employees with respect to which Fed-
the requirements of the definition of eral agencies other than the Depart-
‘‘national consensus standard’’ in sec- ment of Labor, or State agencies act-
tion 3(9) of the Act. ing under section 274 of the Atomic En-
(2) Within a reasonable time after the ergy Act of 1954, as amended (42 U.S.C.
receipt of a submission pursuant to 2021), exercise statutory authority to
paragraph (b)(1) of this section, the As- prescribe or enforce standards or regu-
sistant Secretary of Labor shall pub- lations affecting occupational safety or
lish or cause to be published in the health.
FEDERAL REGISTER a notice of such (c)(1) If a particular standard is spe-
submission, and shall afford interested cifically applicable to a condition,
persons a reasonable opportunity to practice, means, method, operation, or
present written data, views, or argu- process, it shall prevail over any dif-
ments with regard to the question ferent general standard which might
otherwise be applicable to the same
whether any standards of the organiza-
condition, practice, means, method, op-
tion making the submission are na-
eration, or process. For example,
tional consensus standards.

§ 1915.23(c)(3) of this title prescribes
91
personal protective equipment for cer- Safety and Health Administration,

tain ship repairmen working in speci- U.S. Department of Labor, Washington,
fied areas. Such a standard shall apply, DC 20210.
and shall not be deemed modified nor (3) The materials listed in paragraphs
superseded by any different general (b) through (w) of this section are in-
standard whose provisions might other- corporated by reference in the cor-
wise be applicable, to the ship repair- responding sections noted as they exist
men working in the areas specified in on the date of the approval, and a no-
§ 1915.23(c)(3). tice of any change in these materials
(2) On the other hand, any standard will be published in the FEDERAL REG-
shall apply according to its terms to ISTER. These incorporations by ref-
any employment and place of employ- erence were approved by the Director
ment in any industry, even though par- of the Federal Register in accordance
ticular standards are also prescribed with 5 U.S.C. 552(a) and 1 CFR part 51.
for the industry, as in subpart B or sub-
(4) Copies of the following standards
part R of this part, to the extent that
that are issued by the respective pri-
none of such particular standards ap-
vate standards organizations may be
plies. To illustrate, the general stand-
ard regarding noise exposure in § 1910.95 obtained from the issuing organiza-
applies to employments and places of tions. The materials are available for
employment in pulp, paper, and paper- purchase at the corresponding address-
board mills covered by § 1910.261. es of the private standards organiza-
(d) In the event a standard protects tions noted below. In addition, all are
on its face a class of persons larger available for inspection through the
than employees, the standard shall be OSHA Docket Office, room N2625, U.S.
applicable under this part only to em- Department of Labor, 200 Constitution
ployees and their employment and Ave., Washington, DC 20210, or any of
places of employment. its regional offices or at the National
(e) [Reserved] Archives and Records Administration
(f) An employer who is in compliance (NARA). For information on the avail-
with any standard in this part shall be ability of this material at NARA, call
deemed to be in compliance with the 202–741–6030, or go to: http://
requirement of section 5(a)(1) of the www.archives.gov/federallregister/
Act, but only to the extent of the con- codeloflfederallregulations/
dition, practice, means, method, oper- ibrllocations.html.
ation, or process covered by the stand- (b) The following material is avail-
ard. able for purchase from the American
Conference of Governmental Industrial
Hygienists (ACGIH), 1014 Broadway,
FR 35308, June 30, 1993]
Cincinnati OH 45202:
§ 1910.6 Incorporation by reference. (1) ‘‘Industrial Ventilation: A Manual
of Recommended Practice’’ (22nd ed.,
(a)(1) The standards of agencies of
1995), incorporation by reference (IBR)
the U.S. Government, and organiza-
approved for § 1910.124(b)(4)(iii).
tions which are not agencies of the
U.S. Government which are incor- (2) Threshold Limit Values and Bio-
porated by reference in this part, have logical Exposure Indices for 1986–87
the same force and effect as other (1986), IBR approved for § 1910.120, PEL
standards in this part. Only the manda- definition.
tory provisions (i.e., provisions con- (c) The following material is avail-
taining the word ‘‘shall’’ or other man- able for purchase from the American
datory language) of standards incor- Society of Agricultural Engineers
porated by reference are adopted as (ASAE), 2950 Niles Road, Post Office
standards under the Occupational Safe- Box 229, St. Joseph, MI 49085:
ty and Health Act. (1) ASAE Emblem for Identifying
(2) Any changes in the standards in- Slow Moving Vehicles, ASAE S276.2
corporated by reference in this part (1968), IBR approved for § 1910.145(d)(10).
and an official historic file of such (2) [Reserved]
changes are available for inspection at (d) The following material is avail-
the national office of the Occupational able for purchase from the Agriculture
92
Ammonia Institute-Rubber Manufac- plements, A17.2a (1965), A17.2b (1967),

turers (AAI-RMA) Association, 1400 K IBR approved for § 1910.261(a)(3)(viii).
St. NW, Washington DC 20005: (12) ANSI A90.1–69 Safety Standard
(1) AAI-RMA Specifications for An- for Manlifts, IBR approved for
hydrous Ammonia Hose, IBR approved § 1910.68(b)(3).
for § 1910.111(b)(8)(i). (13) ANSI A92.2–69 Standard for Vehi-
(2) [Reserved] cle Mounted Elevating and Rotating
(e) The following material is avail- Work Platforms, IBR approved for
able for purchase from the American § 1910.67 (b)(1), (2), (c)(3), and (4) and
National Standards Institute (ANSI), 1910.268(s)(1)(v).
11 West 42nd St., New York, NY 10036: (14) ANSI A120.1–70 Safety Code for
(1) ANSI A10.2–44 Safety Code for Powered Platforms for Exterior Build-
Building Construction, IBR approved ing Maintenance, IBR approved for
for § 1910.144(a)(1)(ii). § 1910.66 app. D (b) through (d).
(2) ANSI A10.3–70 Safety Require- (15) ANSI B7.1–70 Safety Code for the
ments for Explosive-Actuated Fas- Use, Care and Protection of Abrasive
tening Tools, IBR approved for Wheels, IBR approved for
§ 1910.243(d)(1)(i). §§ 1910.94(b)(5)(i)(a); 1910.215(b)(12); and
1910.218(j)(5).
(3) ANSI A11.1–65 (R 70) Practice for
(16) ANSI B15.1–53 (R 58) Safety Code
Industrial Lighting, IBR approved for
for Mechanical Power Transmission
§§ 1910.219(c)(5)(iii); 1910.261 (a)(3)(i),
Apparatus, IBR approved for
(c)(10), and (k)(21); and 1910.265(c)(2).
§§ 1910.68(b)(4) and 1910.261 (a)(3)(ix),
(4) ANSI A11.1–65 Practice for Indus-
(b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv),
trial Lighting, IBR approved for
(k)(12), and (l)(3).
§§ 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
(17) ANSI B20.1–57 Safety Code for
(5) ANSI A12.1–67 Safety Require- Conveyors, Cableways, and Related
ments for Floor and Wall Openings, Equipment, IBR approved for
Railings, and Toe Boards, IBR ap- §§ 1910.218(j)(3); 1910.261 (a)(3)(x), (b)(1),
proved for §§ 1910.66 appendix D, (c)(4); (c)(15)(iv), (f)(4), and (j)(2);
1910.68 (b)(4) and (b)(8)(ii); 1910.261 1910.265(c)(18)(i).
(a)(3)(ii), (b)(3), (c)(3)(i), (c)(15)(ii), (18) ANSI B30.2–43 (R 52) Safety Code
(e)(4), (g)(13), (h)(1), (h)(3)(vi), (j)(4) (ii) for Cranes, Derricks, and Hoists, IBR
and (iv), (j)(5)(i), (k)(6), (k)(13)(i), and approved for § 1910.261 (a)(3)(xi),
(k)(15). (c)(2)(vi), and (c)(8) (i) and (iv).
(6) ANSI A13.1–56 Scheme for the (19) ANSI B30.2.0–67 Safety Code for
Identification of Piping Systems, IBR Overhead and Gantry Cranes, IBR ap-
approved for §§ 1910.253(d)(4)(ii); proved for §§ 1910.179(b)(2); 1910.261
1910.261(a)(3)(iii); 1910.262(c)(7). (a)(3)(xii), (c)(2)(v), and (c)(8) (i) and
(7) ANSI A14.1–68 Safety Code for (iv).
Portable Wood Ladders, Supplemented (20) ANSI B30.5–68 Safety Code for
by ANSI A14.1a–77, IBR approved for Crawler, Locomotive, and Truck
§ 1910.261 (a)(3)(iv) and (c)(3)(i). Cranes, IBR approved for
(8) ANSI A14.2–56 Safety Code for §§ 1910.180(b)(2) and 1910.261(a)(3)(xiii).
Portable Metal Ladders, Supplemented (21) ANSI B30.6–69 Safety Code for
by ANSI A14.2a–77, IBR approved for Derricks, IBR approved for
§ 1910.261 (a)(3)(v) and (c)(3)(i). §§ 1910.181(b)(2) and 1910.268(j)(4)(iv) (E)
(9) ANSI A14.3–56 Safety Code for and (H).
Fixed Ladders, IBR approved for (22) ANSI B31.1–55 Code for Pressure
§§ 1910.68(b) (4) and (12); 1910.179(c)(2); Piping, IBR approved for
and 1910.261 (a)(3)(vi) and (c)(3)(i). § 1910.261(g)(18)(iii).
(10) ANSI A17.1–65 Safety Code for (23) ANSI B31.1–67, IBR approved for
Elevators, Dumbwaiters and Moving § 1910.253(d)(1)(i)(A)
Walks, Including Supplements, A17.1a (24) ANSI B31.1a–63 Addenda to ANSI
(1967); A17.1b (1968); A17.1c (1969); A17.1d B31.1 (1955), IBR approved for
(1970), IBR approved for § 1910.261 § 1910.261(g)(18)(iii).
(a)(3)(vii), (g)(11)(i), and (l)(4). (25) ANSI B31.1–67 and Addenda B31.1
(11) ANSI A17.2–60 Practice for the (1969) Code for Pressure Piping, IBR ap-
Inspection of Elevators, Including Sup- proved for §§ 1910.103(b)(1)(iii)(b);
93
1910.104(b)(5)(ii); 1910.218 (d)(4) and (43) ANSI O1.1–54 (R 61) Safety Code
(e)(1)(iv); and 1910.261 (a)(3)(xiv) and for Woodworking Machinery, IBR ap-
(g)(18)(iii). proved for § 1910.261 (a)(3)(xvii), (e)(7),
(26) ANSI B31.2–68 Fuel Gas Piping, and (i)(2).
IBR approved for § 1910.261(g)(18)(iii). (44) ANSI S1.4–71 (R 76) Specification
(27) ANSI B31.3–66 Petroleum Refin- for Sound Level Meters, IBR approved
ery Piping, IBR approved for for § 1910.95 appendixes D and I.
§ 1910.103(b)(3)(v)(b). (45) ANSI S1.11–71 (R 76) Specification
(28) ANSI B31.5–66 Addenda B31.5a for Octave, Half-Octave and Third-Oc-
(1968) Refrigeration Piping, IB ap- tave Band Filter Sets, IBR approved
proved for §§ 1910.103(b)(3)(v)(b) and for § 1910.95 appendix D.
1910.111(b)(7)(iii). (46) ANSI S3.6–69 Specifications for
(29) ANSI B56.1–69 Safety Standard Audiometers, IBR approved for
for Powered Industrial Trucks, IBR ap- § 1910.95(h)(2) and (5)(ii) and appendix D.
proved for §§ 1910.178(a) (2) and (3) and (47) ANSI Z4.1–68 Requirements for
1910.261 (a)(3)(xv), (b)(6), (m)(2), and Sanitation in Places of Employment,
(m)(5)(iii). IBR approved for § 1910.261 (a)(3)(xviii)
(30) ANSI B57.1–65 Compressed Gas and (g)(15)(vi).
Cylinder Valve Outlet and Inlet Con- (48) [Reserved]
nections, IBR approved for (49) ANSI Z9.1–51 Safety Code for
§ 1910.253(b)(1)(iii). Ventilation and Operation of Open Sur-
(31) [Reserved] face Tanks, IBR approved for
(32) ANSI B175.1–1991, Safety Require- §§ 1910.94(c)(5)(iii)(e) and 1910.261
ments for Gasoline-Powered Chain (a)(3)(xix), (g)(18)(v), and (h)(2)(i).
Saws 1910.266(e)(2)(i). (50) ANSI Z9.1–71 Practices for Ven-
(33) ANSI C1–71 National Electrical tilation and Operation of Open-Surface
Code, IBR approved for § 1910.66 appen- Tanks, IBR approved for
dix D (c)(22) (i) and (vii). § 1910.124(b)(4)(iv).
(34) ANSI C33.2–56 Safety Standard (51) ANSI Z9.2–60 Fundamentals Gov-
for Transformer-Type Arc Welding Ma- erning the Design and Operation of
chines, IBR approved for § 1910.254(b)(1). Local Exhaust Systems, IBR approved
(35) [Reserved] for §§ 1910.94(a)(4)(i) introductory text,
(36) ANSI H23.1–70 Seamless Copper (a)(6) introductory text, (b)(3)(ix),
Water Tube Specification, IBR ap- (b)(4)(i) and (ii), (c)(3)(i) introductory
proved for § 1910.110(b) (8)(ii) and text, (c)(5)(iii)(b), and (c)(7)(iv)(a);
(13)(ii)(b)(1). 1910.261(a)(3)(xx), (g)(1)(i) and (iii), and
(37) ANSI H38.7–69 Specification for (h)(2)(ii).
Aluminum Alloy Seamless Pipe and (52) ANSI Z9.2–79 Fundamentals Gov-
Seamless Extruded Tube, IBR approved erning the Design and Operation of
for § 1910.110(b)(8)(i). Local Exhaust Systems, IBR approved
(38) ANSI J6.4–71 Standard Specifica- for § 1910.124(b)(4)(i).
tion for Rubber Insulating Blankets, (53) ANSI Z12.12–68 Standard for the
IBR approved for § 1910.268 (f)(1) and Prevention of Sulfur Fires and Explo-
(n)(11)(v). sions, IBR approved for § 1910.261
(39) ANSI J6.6–71 Standard Specifica- (a)(3)(xxi), (d)(1)(i), (f)(2)(iv), and
tion for Rubber Insulating Gloves, IBR (g)(1)(i).
approved for § 1910.268 (f)(1) and (54) ANSI Z12.20–62 (R 69) Code for the
(n)(11)(iv). Prevention of Dust Explosions in
(40) ANSI K13.1–67 Identification of Woodworking and Wood Flour Manu-
Gas Mask Canisters, IBR approved for facturing Plants, IBR approved for
§ 1910.261 (a)(3)(xvi) and (h)(2)(iii). § 1910.265(c)(20)(i).
(41) ANSI K61.1–60 Safety Require- (55) ANSI Z21.30–64 Requirements for
ments for the Storage and Handling of Gas Appliances and Gas Piping Instal-
Anhydrous Ammonia, IBR approved for lations, IBR approved for
§ 1910.111(b)(11)(i). § 1910.265(c)(15).
(42) ANSI K61.1–66 Safety Require- (56) ANSI Z24.22–57 Method of Meas-
ments for the Storage and Handling of urement of Real-Ear Attenuation of
Anhydrous Ammonia, IBR approved for Ear Protectors at Threshold, IBR ap-
§ 1910.111(b)(11)(i). proved for § 1910.261(a)(3)(xxii).
94
(57) ANSI Z33.1–61 Installation of 1910.261 (a)(3)(xxvi), (b)(2), (f)(5),

Blower and Exhaust Systems for Dust, (g)(15)(v), (h)(2) (iii) and (iv), and (i)(4).
Stock, and Vapor Removal or Con- (70) ANSI Z89.1–69 Safety Require-
veying, IBR approved for ments for Industrial Head Protection,
§§ 1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii) IBR approved for §§ 1910.135(b)(2); and
and (f)(5); and 1910.265(c)(20)(i). 1910.261 (a)(3)(xxvii), (b)(2), (g)(15)(v),
(58) ANSI Z33.1–66 Installation of and (i)(4).
Blower and Exhaust Systems for Dust, (71) ANSI Z89.1–86, Protective
Stock, and Vapor Removal or Con- Headwear for Industrial Workers Re-
veying, IBR approved for quirements, IBR approved for
§ 1910.94(a)(2)(ii). § 1910.135(b)(1).
(59) ANSI Z35.1–68 Specifications for (72) ANSI Z89.2–71 Safety Require-
Accident Prevention Signs, IBR ap- ments for Industrial Protective Hel-
proved for § 1910.261 (a)(3)(xxiv) and mets for Electrical Workers, Class B,
(c)(16). IBR approved for § 1910.268(i)(1).
(60) ANSI Z41.1–67 Men’s Safety Toe (f) The following material is avail-
Footwear, IBR approved for able for purchase from the American
§§ 1910.94(a)(5)(v); 1910.136(b)(2) and Petroleum Institute (API), 1220 L
1910.261(i)(4). Street NW, Washington DC 20005:
(61) ANSI Z41–91, Personal Protec- (1) [Reserved]
tion-Protective Footwear, IBR ap- (2) API 12B (May 1958) Specification
proved for § 1910.136(b)(1). for Bolted Production Tanks, 11th Ed.,
With Supplement No. 1, Mar. 1962, IBR
(62) ANSI Z48.1–54 Method for Mark-
approved for § 1910.106(b)(1)(i)(a)(3).
ing Portable Compressed Gas Con-
(3) API 12D (Aug. 1957) Specification
tainers to Identify the Material Con-
for Large Welded Production Tanks,
tained, IBR approved for
7th Ed., IBR approved for
§§ 1910.103(b)(1)(i)(c); 1910.110(b)(5)(iii);
§ 1910.106(b)(1)(i)(a)(3).
and 1910.253(b)(1)(ii).
(4) API 12F (Mar. 1961) Specification
(63) ANSI Z48.1–54 (R 70) Method for
for Small Welded Production Tanks,
Marking Portable Compressed Gas Con-
5th Ed., IBR approved for
tainers To Identify the Material Con-
§ 1910.106(b)(1)(i)(a)(3).
tained, IBR approved for §§ 1910.111(e)(1)
(5) API 620, Fourth Ed. (1970) Includ-
and 1910.134(d)(4).
ing appendix R, Recommended Rules
(64) ANSI Z49.1–67 Safety in Welding for Design and Construction of Large
and Cutting, IBR approved for Welded Low Pressure Storage Tanks,
§ 1910.252(c)(1)(iv) (A) and (B). IBR approved for §§ 1910.103(c)(1)(i)(a);
(65) ANSI Z53.1–67 Safety Color Code 1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1)
for Marking Physical Hazards and the (ii) and (iii).
Identification of Certain Equipment, (6) API 650 (1966) Welded Steel Tanks
IBR approved for §§ 1910.97(a)(3)(ii); for Oil Storage, 3rd Ed., IBR approved
1910.145(d) (2), (4), and (6). for § 1910.106(b)(1)(iii)(a)(2).
(66) ANSI Z54.1–63 Safety Standard (7) API 1104 (1968) Standard for Weld-
for Non-Medical X-Ray and Sealed ing Pipelines and Related Facilities,
Gamma Ray Sources, IBR approved for IBR approved for § 1910.252(d)(1)(v).
§ 1910.252(d) (1)(vii) and (2)(ii). (8) API 2000 (1968) Venting Atmos-
(67) ANSI Z87.1–68 Practice of Occu- pheric and Low Pressure Storage
pational and Educational Eye and Face Tanks, IBR approved for
Protection, IBR approved for § 1910.106(b)(2)(iv)(b)(1).
§§ 1910.133(b)(2); 1910.252(b)(2)(ii)(I); and (9) API 2201 (1963) Welding or Hot
1910.261 (a)(3)(xxv), (d)(1)(ii), (f)(5), Tapping on Equipment Containing
(g)(10), (g)(15)(v), (g)(18)(ii), and (i)(4). Flammables, IBR approved for
(68) ANSI Z87.1–89, Practice for Occu- § 1910.252(d)(1)(vi).
pational and Educational Eye and Face (g) The following material is avail-
Protection, IBR approved for able for purchase from the American
§ 1910.133(b)(1). Society of Mechanical Engineers
(69) ANSI Z88.2–69 Practices for Res- (ASME), United Engineering Center,
piratory Protection, IBR approved for 345 East 47th Street, New York, NY
§§ 1910.94(c)(6)(iii)(a); 1910.134(c); and 10017:
95
(1) ASME Boiler and Pressure Vessel (7) ASTM B 88–66A Seamless Copper
Code, Sec. VIII, 1949, 1950, 1952, 1956, Water Tube, IBR approved for
1959, and 1962 Ed., IBR approved for § 1910.252(d)(1)(i)(A)(2).
§§ 1910.110 (b)(10)(iii) (Table H–26), (d)(2) (8) ASTM B 117–64 Salt Spray (Fog)
(Table H–31); (e)(3)(i) (Table H–32), Test, IBR approved for
(h)(2) (Table H–34); and § 1910.268(g)(2)(i)(A).
1910.111(b)(2)(vi); (9) ASTM B 210–68 Aluminum-Alloy
(2) ASME Code for Pressure Vessels, Drawn Seamless Tubes, IBR approved
1968 Ed., IBR approved for for § 1910.110(b)(8)(ii).
§§ 1910.106(i)(3)(i); 1910.110(g)(2)(iii)(b)(2); (10) ASTM B 241–69, IBR approved for
and 1910.217(b)(12); § 1910.110(b)(8)(i) introductory text.
(3) ASME Boiler and Pressure Vessel (11) ASTM D 5–65 Test for Penetra-
Code, Sec. VIII, 1968, IBR approved for tion by Bituminous Materials, IBR ap-
§§ 1910.103; 1910.104(b)(4)(ii); 1910.106 proved for § 1910.106(a)(17).
(b)(1)(iv)(b)(2) and (i)(3)(ii); 1910.107; (12) ASTM D 56–70 Test for Flash
1910.110(b)(11) (i)(b) and (iii)(a)(1); Point by Tag Closed Tester, IBR ap-
1910.111(b)(2) (i), (ii), and (iv); and proved for § 1910.106(a)(14)(i).
1910.169(a)(2) (i) and (ii); (13) ASTM D 86–62 Test for Distilla-
(4) ASME Boiler and Pressure Vessel tion of Petroleum Products, IBR ap-
Code, Sec. VIII, Paragraph UG–84, 1968, proved for §§ 1910.106(a)(5) and
IBR approved for § 1910.104 (b)(4)(ii) and 1910.119(b) ‘‘Boiling point.’’
(b)(5)(iii); (14) ASTM D 88–56 Test for Saybolt
(5) ASME Boiler and Pressure Vessel Viscosity, IBR approved for
Code, Sec. VIII, Unfired Pressure Ves- § 1910.106(a)(37).
sels, Including Addenda (1969), IBR ap- (15) ASTM D 93–71 Test for Flash
proved for §§ 1910.261; 1910.262; Point by Pensky Martens, IBR ap-
1910.263(i)(24)(ii); proved for § 1910.106(a)(14)(ii).
(6) Code for Unfired Pressure Vessels (16) ASTM D 323–68, IBR approved for
for Petroleum Liquids and Gases of the § 1910.106(a)(30)
API and the ASME, 1951 Ed., IBR ap- (17) ASTM D 445–65 Test for Viscosity
proved for § 1910.110(b)(3)(iii); and of Transparent and Opaque Liquids,
(7) ASME B56.6–1992 (with addenda), IBR approved for § 1910.106(a)(37).
Safety Standard for Rough Terrain (18) ASTM D 1692–68 Test for Flam-
Forklift Trucks, IBR approved for mability of Plastic Sheeting and Cel-
§ 1910.266(f)(4). lular Plastics, IBR approved for
(h) The following material is avail- § 1910.103(c)(1)(v)(d).
able for purchase from the American (19) ASTM D 2161–66 Conversion Ta-
Society for Testing and Materials bles For SUS, IBR approved for
(ASTM), 1916 Race Street, Philadel- § 1910.106(a)(37).
phia, PA 19103: (i) The following material is avail-
(1) ASTM A 47–68 Malleable Iron able for purchase from the American
Castings, IBR approved for Welding Society (AWS), 550 NW,
§ 1910.111(b)(7)(vi). LeJeune Road, P.O. Box 351040, Miami
(2) ASTM A 53–69 Welded and Seam- FL 33135:
less Steel Pipe, IBR approved for (1) AWS A3.0 (1969) Terms and Defini-
§§ 1910.110(b)(8)(i) (a) and (b) and tions, IBR approved for § 1910.251(c).
1910.111(b)(7)(iv). (2) [Reserved]
(3) ASTM A 126–66 Gray Iron Casting (3) AWS B3.0–41 Standard Qualifica-
for Valves, Flanges and Pipe Fitting, tion Procedure, IBR approved for
IBR approved for § 1910.111(b)(7)(vi). § 1910.67(c)(5)(i).
(4) ASTM A 391–65 (ANSI G61.1–1968) (4) AWS D1.0–1966 Code for Welding in
Alloy Steel Chain, IBR approved for Building Construction, IBR approved
§ 1910.184(e)(4). for § 1910.27(b)(6).
(5) ASTM A 395–68 Ductile Iron for (5) AWS D2.0–69 Specifications for
Use at Elevated Temperatures, IBR ap- Welding Highway and Railway Bridges,
proved for § 1910.111(b)(7)(vi). IBR approved for § 1910.67(c)(5)(iv).
(6) ASTM B 88–69 Seamless Copper (6) AWS D8.4–61 Recommended Prac-
Water Tube, IBR approved for tices for Automotive Welding Design,
§ 1910.110(b) (8)(i)(a) and (13)(ii)(b)(1). IBR approved for § 1910.67(c)(5)(ii).
96
(7) AWS D10.9–69 Standard Qualifica- (12) CGA S–1.3 (1959) Safety Release
tion of Welding Procedures and Weld- Device Standards-Compressed Gas
ers for Piping and Tubing, IBR ap- Storage Containers, IBR approved for
proved for § 1910.67(c)(5)(iii). §§ 1910.103(c)(1)(iv)(a)(2);
(j) The following material is avail- 1910.104(b)(6)(iii); and
able for purchase from the Department 1910.111(d)(4)(ii)(b).
of Commerce: (13) CGA 1957 Standard Hose Connec-
(1) Commercial Standard, CS 202–56 tion Standard, IBR approved for
(1961) ‘‘Industrial Lifts and Hinged § 1910.253(e) (4)(v) and (5)(iii).
Loading Ramps,’’ IBR approved for (14) CGA and RMA (Rubber Manufac-
§ 1910.30(a)(3). turer’s Association) Specification for
(2) Publication ‘‘Model Performance Rubber Welding Hose (1958), IBR ap-
Criteria for Structural Fire Fighters’ proved for § 1910.253(e)(5)(i).
Helmets,’’ IBR approved for (15) CGA 1958 Regulator Connection
§ 1910.156(e)(5)(i). Standard, IBR approved for § 1910.253(e)
(k) The following material is avail- (4)(iv) and (6).
able for purchase from the Compressed (l) The following material is avail-
Gas Association (CGA), 1235 Jefferson able for purchase from the Crane Man-
Davis Highway, Arlington, VA 22202: ufacturer’s Association of America,
(1) CGA C–6 (1968) Standards for Vis- Inc. (CMAA), 1 Thomas Circle NW,
ual Inspection of Compressed Gas Cyl- Washington DC 20005:
inders, IBR approved for § 1910.101(a). (1) CMAA Specification 1B61, Speci-
(2) CGA C–8 (1962) Standard for Re- fications for Electric Overhead Trav-
qualification of ICC–3HT Cylinders, eling Cranes, IBR approved for
IBR approved for § 1910.101(a). § 1910.179(b)(6)(i).
(2) [Reserved]
(3) CGA G–1 (1966) Acetylene, IBR ap-
(m) The following material is avail-
proved for § 1910.102(a).
able for purchase from the General
(4) CGA G–1.3 (1959) Acetylene Trans-
Services Administration:
mission for Chemical Synthesis, IBR
(1) GSA Pub. GG-B–0067b, Air Com-
approved for § 1910.102(b).
pressed for Breathing Purposes, or In-
(5) CGA G–1.4 (1966) Standard for terim Federal Specifications, Apr. 1965,
Acetylene Cylinder Charging Plants, IBR approved for § 1910.134(d)(4).
IBR approved for § 1910.102(b). (2) [Reserved]
(6) CGA G–7.1 (1966) Commodity Spec- (n) The following material is avail-
ification, IBR approved for able for purchase from the Department
§ 1910.134(d)(1). of Health and Human Services:
(7) CGA G–8.1 (1964) Standard for the (1) Publication No. 76–120 (1975), List
Installation of Nitrous Oxide Systems of Personal Hearing Protectors and At-
at Consumer Sites, IBR approved for tenuation Data, IBR approved for
§ 1910.105. § 1910.95 App. B.
(8) CGA P–1 (1965) Safe Handling of (2) [Reserved]
Compressed Gases, IBR approved for (o) The following material is avail-
§ 1910.101(b). able for purchase from the Institute of
(9) CGA P–3 (1963) Specifications, Makers of Explosives (IME), 420 Lex-
Properties, and Recommendations for ington Avenue, New York, NY 10017:
Packaging, Transportation, Storage (1) IME Pamphlet No. 17, 1960, Safety
and Use of Ammonium Nitrate, IBR ap- in the Handling and Use of Explosives,
proved for § 1910.109(i)(1)(ii)(b). IBR approved for §§ 1910.261 (a)(4)(iii)
(10) CGA S–1.1 (1963) and 1965 Ad- and (c)(14)(ii).
denda. Safety Release Device Stand- (2) [Reserved]
ards—Cylinders for Compressed Gases, (p) The following material is avail-
IBR approved for §§ 1910.101(c); able for purchase from the National
1910.103(c)(1)(iv)(a)(2). Electrical Manufacturer’s Association
(11) CGA S–1.2 (1963) Safety Release (NEMA):
Device Standards, Cargo and Portable (1) NEMA EW–1 (1962) Requirements
Tanks for Compressed Gases, IBR ap- for Electric Arc Welding Apparatus,
proved for §§ 1910.101(c); IBR approved for §§ 1910.254(b)(1).
1910.103(c)(1)(iv)(a)(2). (2) [Reserved]
97
(q) The following material is avail- Production, Packaging, and Handling

able for purchase from the National of Pulverized Sugar and Cocoa, IBR ap-
Fire Protection Association (NFPA), 11 proved for § 1910.263(k)(2)(i).
Tracy Drive, Avon, MA 02322: (15) NFPA 68–1954 Guide for Explosion
(1) NFPA 30 (1969) Flammable and Venting, IBR approved for
Combustible Liquids Code, IBR ap- § 1910.94(a)(2)(iii).
proved for § 1910.178(f)(1). (16) NFPA 70–1971 National Electrical
(2) NFPA 32–1970 Standard for Dry Code, IBR approved for § 1910.66 App.
Cleaning Plants, IBR approved for D(c)(2).
§ 1910.106(j)(6)(i). (17) NFPA 78–1968 Lightning Protec-
(3) NFPA 33–1969 Standard for Spray tion Code, IBR approved for
Finishing Using Flammable and Com- § 1910.109(i)(6)(ii).
bustible Material, IBR approved for (18) NFPA 80–1968 Standard for Fire
§§ 1910.94(c) (1)(ii), (2), (3) (i) and (iii), Doors and Windows, IBR approved for
and (5). § 1910.106(d)(4)(i).
(4) NFPA 34–1966 Standard for Dip (19) NFPA 80–1970 Standard for the
Tanks Containing Flammable or Com- Installation of Fire Doors and Win-
bustible Liquids, IBR approved for dows, IBR approved for
§ 1910.124(b)(4)(iv). § 1910.253(f)(6)(i)(I).
(5) NFPA 34–1995 Standard for Dip (20) NFPA 86A–1969 Standard for Oven
Tanks Containing Flammable or Com- and Furnaces Design, Location and
bustible Liquids, IBR approved for Equipment, IBR approved for §§ 1910.107
§ 1910.124(b)(4)(ii). (j)(1) and (l)(3) and 1910.108 (b)(2) and
(6) NFPA 35–1970 Standard for the (d)(2).
Manufacture of Organic Coatings, IBR (21) NFPA 91–1961 Standard for the
approved for § 1910.106(j)(6)(ii). Installation of Blower and Exhaust
(7) NFPA 36–1967 Standard for Sol- Systems for Dust, Stock, and Vapor
vent Extraction Plants, IBR approved Removal or Conveying (ANSI Z33.1–61),
for § 1910.106(j)(6)(iii). IBR approved for § 1910.107(d)(1).
(8) NFPA 37–1970 Standard for the In- (22) NFPA 91–1969 Standards for
stallation and Use of Stationary Com- Blower and Exhaust Systems, IBR ap-
bustion Engines and Gas Turbines, IBR proved for § 1910.108(b)(1).
approved for §§ 1910.106(j)(6)(iv) and (23) NFPA 96–1970 Standard for the
1910.110 (b)(20)(iv)(c) and (e)(11). Installation of Equipment for the Re-
(9) NFPA 51B–1962 Standard for Fire moval of Smoke and Grease Laden Va-
Protection in Use of Cutting and Weld- pors from Commercial Cooking Equip-
ing Processes, IBR approved for ment, IBR approved for
§ 1910.252(a)(1) introductory text. § 1910.110(b)(20)(iv)(d).
(10) NFPA 54–1969 Standard for the (24) NFPA 101–1970 Code for Life Safe-
Installation of Gas Appliances and Gas ty From Fire in Buildings and Struc-
Piping, IBR approved for tures, IBR approved for
§ 1910.110(b)(20)(iv)(a). § 1910.261(a)(4)(ii).
(11) NFPA 54A–1969 Standard for the (25) NFPA 203M–1970 Manual on Roof
Installation of Gas Piping and Gas Coverings, IBR approved for
Equipment on Industrial Premises and § 1910.109(i)(1)(iii)(c).
Certain Other Premises, IBR approved (26) NFPA 251–1969 Standard Methods
for § 1910.110(b)(20)(iv)(b). of Fire Tests of Building Construction
(12) NFPA 58–1969 Standard for the and Materials, IBR approved for
Storage and Handling of Liquefied Pe- §§ 1910.106 (d)(3)(ii) introductory text
troleum Gases (ANSI Z106.1–1970), IBR and (d)(4)(i).
approved for §§ 1910.110 (b)(3)(iv) and (27) NFPA 302–1968 Fire Protection
(i)(3) (i) and (ii); and 1910.178(f)(2). Standard for Motor-Craft (Pleasure and
(13) NFPA 59–1968 Standard for the Commercial), IBR approved for
Storage and Handling of Liquefied Pe- § 1910.265(d)(2)(iv) introductory text.
troleum Gases at Utility Gas Plants, (28) NFPA 385–1966 Recommended
IBR approved for §§ 1910.110 (b)(3)(iv) Regulatory Standard for Tank Vehicles
and (i)(2)(iv). for Flammable and Combustible Liq-
(14) NFPA 62–1967 Standard for the uids, IBR approved for
Prevention of Dust Explosions in the § 1910.106(g)(1)(i)(e)(1).
98
(29) NFPA 496–1967 Standard for Automotive Engineers (SAE), 485 Lex-
Purged Enclosures for Electrical ington Avenue, New York, NY 10017:
Equipment in Hazardous Locations, (1) SAE J185, June 1988, Rec-
IBR approved for ommended Practice for Access Systems
§ 1910.103(c)(1)(ix)(e)(1). for Off-Road Machines, IBR approved
(30) NFPA 505–1969 Standard for Type for § 1910.266(f)(5)(i).
Designations, Areas of Use, (2) SAE J231, January 1981, Minimum
Maintenence, and Operation of Pow- Performance Criteria for Falling Ob-
ered Industrial Trucks, IBR approved ject Protective Structure (FOPS), IBR
for § 1910.110(e)(2)(iv). approved for § 1910.266(f)(3)(ii).
(31) NFPA 566–1965 Standard for the (3) SAE J386, June 1985, Operator Re-
Installation of Bulk Oxygen Systems straint Systems for Off-Road Work Ma-
at Consumer Sites, IBR approved for chines, IBR approved for
§§ 1910.253 (b)(4)(iv) and (c)(2)(v). § 1910.266(d)(3)(iv).
(32) NFPA 656–1959 Code for the Pre- (4) SAE J397, April 1988, Deflection
vention of Dust Ignition in Spice Limiting Volume-ROPS/FOPS Labora-
Grinding Plants, IBR approved for tory Evaluation, IBR approved for
§ 1910.263(k)(2)(i). § 1910.266(f)(3)(iv).
(33) NFPA 1971–1975 Protective Cloth- (5) SAE 765 (1961) SAE Recommended
ing for Structural Fire Fighting, IBR Practice: Crane Loading Stability Test
approved for § 1910.156(e)(3)(ii) introduc- Code, IBR approved for § 1910.180
tory text. (c)(1)(iii) and (e)(2)(iii)(a).
(6) SAE J1040, April 1988, Perform-
(r) The following material is avail-
ance Criteria for Rollover Protective
able for purchase from the National
Structures (ROPS) for Construction,
Food Plant Institute, 1700 K St. NW.,
Earthmoving, Forestry and Mining Ma-
Washington, DC 20006:
chines, IBR approved for
(1) Definition and Test Procedures for
§ 1910.266(f)(3)(ii).
Ammonium Nitrate Fertilizer (Nov.
(v) The following material is avail-
1964), IBR approved for § 1910.109 Table
able for purchase from the Fertilizer
H–22, ftn. 3.
Institute, 1015 18th Street NW, Wash-
(2) [Reserved] ington, DC 20036:
(s) The following material is avail- (1) Standard M–1 (1953, 1955, 1957, 1960,
able for purchase from the National In- 1961, 1963, 1965, 1966, 1967, 1968), Super-
stitute for Occupational Safety and seded by ANSI K61.1–1972, IBR approved
Health (NIOSH): for § 1910.111(b)(1) (i) and (iii).
(1) Registry of Toxic Effects of Chem- (2) [Reserved]
ical Substances, 1978, IBR approved for (w) The following material is avail-
§ 1910.20(c)(13)(i) and appendix B. able for purchase from Underwriters
(2) Development of Criteria for Fire Laboratories (UL), 207 East Ohio
Fighters Gloves; Vol. II, Part II; Test Street, Chicago, IL 60611:
Methods, 1976, IBR approved for (1) UL 58–61 Steel Underground Tanks
§ 1910.156(e)(4)(i) introductory text. for Flammable and Combustible Liq-
(3) NIOSH Recommendations for Oc- uids, 5th Ed., IBR approved for
cupational Safety and Health Stand- § 1910.106(b)(1)(iii)(a)(1).
ards (Sept. 1987), IBR approved for (2) UL 80–63 Steel Inside Tanks for
§ 1910.120 PEL definition. Oil-Burner Fuel, IBR approved for
(t) The following material is avail- § 1910.106(b)(1)(iii)(a)(1).
able for purchase from the Public (3) UL 142–68 Steel Above Ground
Health Service: Tanks for Flammable and Combustible
(1) U.S. Pharmacopeia, IBR approved Liquids, IBR approved for
for § 1910.134(d)(1). § 1910.106(b)(1)(iii)(a)(1).
(2) Publication No. 934 (1962), Food [39 FR 23502, June 27, 1974, as amended at 49
Service Sanitation Ordinance and FR 5321, Feb. 10, 1984; 61 FR 9231, Mar. 7, 1996;
Code, Part V of the Food Service Sani- 64 FR 13908, Mar. 23, 1999; 69 FR 18803, Apr. 9,
tation Manual, IBR approved for 2004; 70 FR 53929, Sept. 13, 2005]
§ 1910.142(i)(1). EFFECTIVE DATE NOTE: At 72 FR 7190, Feb.
(u) The following material is avail- 14, 2007, § 1910.6 was amended by revising the
able for purchase from the Society of introductory text to paragraph (e), removing
99
and reserving paragraph (e)(33), revising the accepted, the following controls or
introductory text to paragraph (q), and re- services:
moving and reserving paragraph (q)(16), ef-
(i) Implements control procedures for
fective Aug. 13, 2007. For the convenience of
the user, the revised text is set forth as fol- identifying the listed and labeled
lows: equipment or materials;
(ii) Inspects the run of production of
§ 1910.6 Incorporation by reference. such items at factories for product
evaluation purposes to assure conform-
* * * * * ance with the test standards; and
(e) The following material is available for (iii) Conducts field inspections to
purchase from the American National Stand- monitor and to assure the proper use of
ards Institute (ANSI), 25 West 43rd Street, its identifying mark or labels on prod-
Fourth Floor, New York, NY 10036: ucts;
(3) The NRTL is completely inde-
* * * * * pendent of employers subject to the
(q) The following material is available for tested equipment requirements, and of
purchase from the National Fire Protection any manufacturers or vendors of equip-
Association (NFPA), 1 Batterymarch Park, ment or materials being tested for
Quincy, MA 02269: these purposes; and,
(4) The NRTL maintains effective
* * * * * procedures for:
(i) Producing creditable findings or
§ 1910.7 Definition and requirements reports that are objective and without
for a nationally recognized testing
laboratory. bias; and
(ii) Handling complaints and disputes
(a) Application. This section shall under a fair and reasonable system.
apply only when the term nationally
(c) Test standards. An appropriate test
recognized testing laboratory is used in
standard referred to in § 1910.7(b)(1) (i)
other sections of this part.
and (ii) is a document which specifies
(b) Laboratory requirements. The term
the safety requirements for specific
nationally recognized testing laboratory
equipment or class of equipment and is:
(NRTL) means an organization which
is recognized by OSHA in accordance (1) Recognized in the United States
with appendix A of this section and as a safety standard providing an ade-
which tests for safety, and lists or la- quate level of safety, and
bels or accepts, equipment or materials (2) Compatible with and maintained
and which meets all of the following current with periodic revisions of ap-
criteria: plicable national codes and installation
(1) For each specified item of equip- standards, and
ment or material to be listed, labeled (3) Developed by a standards devel-
or accepted, the NRTL has the capa- oping organization under a method pro-
bility (including proper testing equip- viding for input and consideration of
ment and facilities, trained staff, writ- views of industry groups, experts,
ten testing procedures, and calibration users, consumers, governmental au-
and quality control programs) to per- thorities, and others having broad ex-
form: perience in the safety field involved, or
(i) Testing and examining of equip- (4) In lieu of paragraphs (c) (1), (2),
ment and materials for workplace safe- and (3), the standard is currently des-
ty purposes to determine conformance ignated as an American National
with appropriate test standards; or Standards Institute (ANSI) safety-des-
(ii) Experimental testing and exam- ignated product standard or an Amer-
ining of equipment and materials for ican Society for Testing and Materials
workplace safety purposes to deter- (ASTM) test standard used for evalua-
mine conformance with appropriate tion of products or materials.
test standards or performance in a (d) Alternative test standard. If a test-
specified manner. ing laboratory desires to use a test
(2) The NRTL shall provide, to the standard other than one allowed under
extent needed for the particular equip- paragraph (c) of this section, then the
ment or materials listed, labeled, or Assistant Secretary of Labor shall
100
evaluate the proposed standard to de- or administer the activities covered by

termine that it provides an adequate the fees); and the average or actual
level of safety before it is used. costs for travel when on-site reviews
(e) Implementation. A testing organi- are involved. The formula for the fee
zation desiring recognition by OSHA as calculation is as follows:
an NRTL shall request that OSHA
Activity Fee = [Average (or Actual)
evaluate its testing and control pro-
Hours to Complete the Activity ×
grams against the requirements in this
Staff Costs per Hour] + Average (or
section for any equipment or material
Actual) Travel Costs
it may specify. The recognition proce-
dure shall be conducted in accordance (3) (i) OSHA will review costs annu-
with appendix A to this section. ally and will propose a revised fee
(f) Fees. (1) Each applicant for NRTL schedule, if warranted. In its review,
recognition and each NRTL must pay OSHA will apply the formula estab-
fees for services provided by OSHA. lished in paragraph (f)(2) of this section
OSHA will assess fees for the following to the current estimated costs for the
services: NRTL Program. If a change is war-
(i) Processing of applications for ini- ranted, OSHA will follow the imple-
tial recognition, expansion of recogni- mentation table in paragraph (f)(4) of
tion, or renewal of recognition, includ- this section.
ing on-site reviews; review and evalua- (ii) OSHA will publish all fee sched-
tion of the applications; and prepara- ules in the FEDERAL REGISTER. Once
tion of reports, evaluations and FED- published, a fee schedule remains in ef-
ERAL REGISTER notices; and fect until it is superseded by a new fee
(ii) Audits of sites. schedule. Any member of the public
(2) The fee schedule established by may request a change to the fees in-
OSHA reflects the cost of performing cluded in the current fee schedule.
the activities for each service listed in Such a request must include appro-
paragraph (f)(1) of this section. OSHA priate documentation in support of the
calculates the fees based on either the suggested change. OSHA will consider
average or actual time required to per- such requests during its annual review
form the work necessary; the staff of the fee schedule.
costs per hour (which include wages, (4) OSHA will implement fee assess-
fringe benefits, and expenses other ment, collection, and payment as fol-
than travel for personnel that perform lows:
Approximate dates Action required
I. Annual Review of Fee Schedule
November 1 .............................. OSHA will publish any proposed new Fee Schedule in the Federal Register, if OSHA deter-
mines changes in the schedule are warranted.
November 16 ............................ Comments due on the proposed new Fee Schedule.
December 15 ............................ OSHA will publish the final Fee Schedule in the Federal Register, making it effective.
II. Application Processing Fees
Time of application ................... Applicant must pay the applicable fees shown in the Fee Schedule when submitting the appli-
cation; OSHA will not begin processing until fees are received.
Publication of preliminary notice Applicant must pay remainder of fees; OSHA cancels application if fees are not paid when
due.
III. Audit Fees

After audit performed ................ OSHA will bill each existing NRTL for the audit fees in effect at the time of audit, but will re-
flect actual travel costs and staff time in the bill.
30 days after bill date ............... NRTLs must pay audit fees; OSHA will assess late fee if audit fees are not paid.
45 days after bill date ............... OSHA will send a letter to the NRTL requesting immediate payment of the audit fees and late
fee
60 days after bill date ............... OSHA will publish a notice in the Federal Register announcing its intent to revoke recognition
for NRTLs that have not paid these audit fees.
(5) OSHA will provide details about priate OSHA Program Directives,
how to pay the fees through appro-
101
which will be available on the OSHA the applicant wishes to be recognized. This
web site. will include identifying the testing methods
it will use to test or judge the specific equip-
APPENDIX A TO § 1910.7—OSHA RECOGNITION ment and materials for which recognition is
PROCESS FOR NATIONALLY RECOGNIZED being requested, unless such test methods
TESTING LABORATORIES are already specified in the test standard. If
requested to do so by OSHA, the applicant
INTRODUCTION shall provide documentation of the efficacy
This appendix provides requirements and of these testing methods.
criteria which OSHA will use to evaluate and c. The applicant may include whatever en-
recognize a Nationally Recognized Testing closures, attachments, or exhibits the appli-
Laboratory (NRTL). This process will in- cant deems appropriate. The application
clude the evaluation of the product evalua- need not be submitted on a Federal form.
tion and control programs being operated by 3. Filing office location. The application
the NRTL, as well as the NRTL’s testing fa- shall be filed with: NRTL Recognition Pro-
cilities being used in its program. In the gram, Occupational Safety and Health Ad-
evaluation of the NRTLs, OSHA will use ei- ministration, U.S. Department of Labor, 200
ther consensus-based standards currently in Constitution Avenue, NW., Washington, DC
use nationally, or other standards or criteria 20210.
which may be considered appropriate. This 4. Amendments and withdrawals. a. An appli-
appendix implements the definition of NRTL cation may be revised by an applicant at any
in 29 CFR 1910.7 which sets out the criteria time prior to the completion of activity
that a laboratory must meet to be recog- under paragraph I.B.4. of this appendix.
nized by OSHA (initially and on a continuing b. An application may be withdrawn by an
basis). The appendix is broader in scope, pro- applicant, without prejudice, at any time
viding procedures for renewal, expansion and prior to the final decision by the Assistant
revocation of OSHA recognition. Except as Secretary in paragraph I.B.7.c. of this appen-
otherwise provided, the burden is on the ap- dix.
plicant to establish by a preponderance of
the evidence that it is entitled to recogni- B. Review and Decision Process; Issuance or
tion as an NRTL. If further detailing of these Renewal.
requirements and criteria will assist the
1. Acceptance and on-site review. a. Applica-
NRTLs or OSHA in this activity, this detail-
tions submitted by eligible testing agencies
ing will be done through appropriate OSHA
will be accepted by OSHA, and their receipt
Program Directives.
acknowledged in writing. After receipt of an
I. Procedures for Initial OSHA Recognition application, OSHA may request additional
information if it believes information rel-
A. Applications. evant to the requirements for recognition
1. Eligibility. a. Any testing agency or orga- has been omitted.
nization considering itself to meet the defi- b. OSHA shall, as necessary, conduct an
nition of nationally recognized testing lab- on-site review of the testing facilities of the
oratory as specified in § 1910.7 may apply for applicant, as well as the applicant’s adminis-
OSHA recognition as an NRTL. trative and technical practices, and, if nec-
b. However, in determining eligibility for a essary, review any additional documentation
foreign-based testing agency or organization, underlying the application.
OSHA shall take into consideration the pol- c. These on-site reviews will be conducted
icy of the foreign government regarding both by qualified individuals technically expert in
the acceptance in that country of testing these matters, including, as appropriate,
data, equipment acceptances, and listings, non-Federal consultants/contractors accept-
and labeling, which are provided through na- able to OSHA. The protocol for each review
tionally recognized testing laboratories rec- will be based on appropriate national con-
ognized by the Assistant Secretary, and the sensus standards or international guides,
accessibility to government recognition or a with such additions, changes, or deletions as
similar system in that country by U.S.-based may be considered necessary and appropriate
safety-related testing agencies, whether rec- in each case by OSHA. A written report shall
ognized by the Assistant Secretary or not, if be made of each on-site review and a copy
such recognition or a similar system is re- shall be provided to the applicant.
quired by that country. 2. Positive finding by staff. If, after review of
2. Content of application. a. The applicant the application, and additional information,
shall provide sufficient information and de- and the on-site review report, the applicant
tail demonstrating that it meets the require- appears to have met the requirements for
ments set forth in § 1910.7, in order for an in- recognition, a written recommendation shall
formed decision concerning recognition to be be submitted by the responsible OSHA per-
made by the Assistant Secretary. sonnel to the Assistant Secretary that the
b. The applicant also shall identify the application be approved, accompanied by a

scope of the NRTL-related activity for which supporting explanation.
102
3. Negative finding by staff.—a. Notification sistant Secretary’s preliminary finding con-
to applicant. If, after review of the applica- cerning the application, i.e., absent any seri-
tion, any additional information and the on- ous objections or substantive claims con-
site review report, the applicant does not ap- trary to the preliminary finding having been
pear to have met the requirements for rec- received in writing from the public during
ognition, the responsible OSHA personnel the comment period, the Assistant Secretary
shall notify the applicant in writing, listing will proceed to final written decision on the
the specific requirements of § 1910.7 and this application. The reasons supporting this de-
appendix which the applicant has not met, cision shall be derived from the evidence
and allow a reasonable period for response. available as a result of the full application,
b. Revision of application. (i) After receipt of the supporting documentation, the staff find-
a notification of negative finding (i.e., for ining, and the written comments and evidence
tended disapproval of the application), and presented during the public review and com-
within the response period provided, the ap- ment period.
plicant may: b. Public announcement. A copy of the As-
(a) Submit a revised application for further sistant Secretary’s final decision will be pro-
review, which could result in a positive find- vided to the applicant. Subsequently, a noti-
ing by the responsible OSHA personnel pur- fication of the final decision shall be pub-
suant to subsection I.B.2. of this appendix; or lished in the FEDERAL REGISTER. The publi-
(b) Request that the original application be cation date will be the effective date of the
submitted to the Assistant Secretary with recognition.
an attached statement of reasons, supplied c. Review of final decision. There will be no
by the applicant of why the application further review activity available within the
should be approved. Department of Labor from the final decision
(ii) This procedure for applicant notifica- of the Assistant Secretary.
tion and potential revision shall be used only 7. Action after public objection—a. Review of
once during each recognition process. negative information. At the discretion of the
4. Preliminary finding by Assistant Secretary. Assistant Secretary or his designee, OSHA
a. The Assistant Secretary, or a special des- may authorize Federal or contract personnel
ignee for this purpose, will make a prelimi- to initiate a special review of any informa-
nary finding as to whether the applicant has tion provided in the public comment record
or has not met the requirements for recogni- which appears to require resolution, before a
tion, based on the completed application file, final decision can be made.
the written staff recommendation, and the b. Supplementation of record. The contents
statement of reasons supplied by the appli- and results of special reviews will be made
cant if there remains a staff recommenda- part of this record by the Assistant Sec-
tion of disapproval. retary by either:
b. Notification of this preliminary finding (i) Reopening the written comment period
will be sent to the applicant and subse- for public comments on these reviews; or
quently published in the FEDERAL REGISTER. (ii) Convening an informal hearing to ac-
c. This preliminary finding shall not be cept public comments on these reviews, con-
considered an official decision by the Assist- ducted under applicable OSHA procedures for
ant Secretary or OSHA, and does not confer similar hearings.
any change in status or any interim or tem- c. Final decision by the Assistant Secretary.
porary recognition for the applicant. The Assistant Secretary shall issue a deci-
5. Public review and comment period—a. The sion as to whether it has been demonstrated,
FEDERAL REGISTER notice of preliminary based on a preponderance of the evidence,
finding will provide a period of not less than that the applicant meets the requirements
30 calendar days for written comments on for recognition. The reasons supporting this
the applicant’s fulfillment of the require- decision shall be derived from the evidence
ments for recognition. The application, sup- available as a result of the full application,
porting documents, staff recommendation, the supporting documentation, the staff find-
statement of applicant’s reasons, and any ing, the comments and evidence presented
comments received, will be available for pub- during the public review and comment pe-
lic inspection in the OSHA Docket Office. riod, and written to transcribed evidence re-
b. Any member of the public, including the ceived during any subsequent reopening of
applicant, may supply detailed reasons and the written comment period or informal pub-
evidence supporting or challenging the suffi- lic hearing held.
ciency of the applicant’s having met the re- d. Public announcement. A copy of the As-
quirements of the definition in 29 CFR sistant Secretary’s final decision will be pro-
§ 1910.7 and this appendix. Submission of per- vided to the applicant, and a notification
tinent documents and exhibits shall be made will be published in the FEDERAL REGISTER
in writing by the close of the comment pe- subsequently announcing the decision.
riod. e. Review of final decision. There will be no
6. Action after public comment—a. Final deci- further review activity available within the
sion by Assistant Secretary. Where the public Department of Labor from the final decision
review and comment record supports the As- of the Assistant Secretary.
103
c. Terms and conditions of recognition. The which the developing organization has sub-
following terms and conditions shall be part mitted to OSHA. If, upon review, the Assist-
of every recognition: ant Secretary or his designee determines
1. Letter of recognition. The recognition by that the proposed revised standard is not
OSHA of any NRTL will be evidenced by a ‘‘substantially equivalent’’ to the previous
letter of recognition from OSHA. The letter version with regard to the level of safety ob-
will provide the specific details of the scope tained, OSHA will not accept the proposed
of the OSHA recognition, including the spe- testing standard by the recognized NRTL,
cific equipment or materials for which OSHA and will initiate discontinuance of that as-
recognition has been granted, as well as any pect of OSHA-recognized activity by the
specific conditions imposed by OSHA. NRTL by modification of the official letter
2. Period of recognition. The recognition by of recognition. OSHA will publicly announce
OSHA of each NRTL will be valid for five this action and the NRTL will be required to
years, unless terminated before the expira- communicate this OSHA decision directly to
tion of the period. The dates of the period of affected manufacturers.
recognition will be stated in the recognition
letter. B. Expansion of current recognition
3. Constancy in operations. The recognized
1. Eligibility. A recognized NRTL may apply
NRTL shall continue to satisfy all the re-
to OSHA for an expansion of its current rec-
quirements or limitations in the letter of
ognition to cover other categories of NRTL
recognition during the period of recognition.
testing in addition to those included in the
4. Accurate publicity. The OSHA-recognized
current recognition.
NRTL shall not engage in or permit others
2. Procedure. a. OSHA will act upon and
to engage in misrepresentation of the scope
or conditions of its recognition. process the application for expansion in ac-
5. Temporary Recognition of Certain NRTLs. cordance with subsection I.B. of this appen-
a. Notwithstanding all other requirements dix, except that the period for written com-
and provisions of § 1910.7 and this appendix, ments, specified in paragraph 5.a of sub-
the following two organizations are recog- section I.B. of this appendix, will be not less
nized temporarily as nationally recognized than 15 calendar days.
testing laboratories by the Assistant Sec- b. In that process, OSHA may decide not to
retary for a period of five years beginning conduct an on-site review, where the sub-
June 13, 1988 and ending on July 13, 1993: stantive scope of the request to expand rec-
(i) Underwriters Laboratories, Inc., 333 ognition is closely related to the current
Pfingsten Road, Northbrook, Illinois 60062. area of recognition.
(ii) Factory Mutual Research Corporation, c. The expiration date for each expansion
1151 Boston-Providence Turnpike, Norwood, of recognition shall coincide with the expira-
Massachusetts 02062. tion date of the current basic recognition pe-
b. At the end of the five-year period, the riod.
two temporarily recognized laboratories
C. Renewal of OSHA recognition
shall apply for renewal of OSHA recognition
utilizing the following procedures estab- 1. Eligibility. A recognized NRTL may
lished for renewal of OSHA recognition. renew its recognition by filing a renewal re-
quest at the address in paragraph I.A.3. of
II. Supplementary Procedures. this appendix not less than nine months, nor
more than one year, before the expiration
A. Test standard changes.
date of its current recognition.
A recognized NRTL may change a testing 2. Procedure. a. OSHA will process the re-
standard or elements incorporated in the newal request in accordance with subsection
standard such as testing methods or pass-fail I.B. of this appendix, except that the period
criteria by notifying the Assistant Secretary for written comments, specified in paragraph
of the change, certifying that the revised 5.a of subsection I.B. of this appendix, will be
standard will be at least as effective as the not less than 15 calendar days.
prior standard, and providing the supporting b. In that process, OSHA may determine
data upon which its conclusions are based. not to conduct the on-site reviews in I.B.1.a.
The NRTL need not inform the Assistant where appropriate.
Secretary of minor deviations from a test c. When a recognized NRTL has filed a
standard such as the use of new instrumenta- timely and sufficient renewal request, its
tion that is more accurate or sensitive than current recognition will not expire until a
originally called for in the standard. The final decision has been made by OSHA on the
NRTL also need not inform the Assistant request.
Secretary of its adoption of revisions to d. After the first renewal has been granted
third-party testing standards meeting the re- to the NRTL, the NRTL shall apply for a
quirements of § 1910.7(c)(4), if such revisions continuation of its recognition status every
have been developed by the standards devel- five years by submitting a renewal request.
oping organization, or of its adoption of revi-
In lieu of submitting a renewal request after

sions to other third-party test standards the initial renewal, the NRTL may certify
104
its continuing compliance with the terms of mane to the proceeding and not cause undue
its letter of recognition and 29 CFR 1910.7. delay.
3. Alternative procedure. After the initial f. The burden of proof shall be on OSHA to
recognition and before the expiration there- demonstrate by a preponderance of the evi-
of, OSHA may (for good cause) determine dence that the recognition should be revoked
that there is a sufficient basis to dispense because the NRTL is not meeting the re-
with the renewal requirement for a given quirements for recognition, has not been rea-
laboratory and will so notify the laboratory sonably performing the product testing func-
of such a determination in writing. In lieu of tions as required by § 1910.7, this appendix A,
submitting a renewal request, any labora- or the letter of recognition, or has materi-
tory so notified shall certify its continuing ally misrepresented itself in its applications
compliance with the terms of its letter of or publicity.
recognition and 29 CFR 1910.7. 3. Final decision. a. After the hearing, the
Administrative Law Judge shall issue a deci-
D. Voluntary termination of recognition. sion stating the reasons based on the record
At any time, a recognized NRTL may vol- as to whether it has been demonstrated,
untarily terminate its recognition, either in based on a preponderance of evidence, that
its entirety or with respect to any area cov- the applicant does not continue to meet the
ered in its recognition, by giving written no- requirements for its current recognition.
tice to OSHA. The written notice shall state b. Upon issuance of the decision, any party
the date as of which the termination is to to the hearing may file exceptions within 20
take effect. The Assistant Secretary shall in- days pursuant to 29 CFR 1905.28. If no excep-
form the public of any voluntary termi- tions are filed, this decision is the final deci-
nation by FEDERAL REGISTER notice. sion of the Assistant Secretary. If objections
are filed, the Administrative Law Judge
E. Revocation of recognition by OSHA. shall forward the decision, exceptions and
record to the Assistant Secretary for the
1. Potential causes. If an NRTL either has
final decision on the proposed revocation.
failed to continue to substantially satisfy
c. The Assistant Secretary will review the
the requirements of § 1910.7 or this appendix,
record, the decision by the Administrative
or has not been reasonably performing the
Law Judge, and the exceptions filed. Based
NRTL testing requirements encompassed
on this, the Assistant Secretary shall issue
within its letter of recognition, or has mate-
the final decision as to whether it has been
rially misrepresented itself in its applica-
demonstrated, by a preponderance of evi-
tions or misrepresented the scope or condi-
dence, that the recognized NRTL has not
tions of its recognition, the Assistant Sec-
continued to meet the requirements for
retary may revoke the recognition of a rec-
OSHA recognition. If the Assistant Sec-
ognized NRTL, in whole or in part. OSHA
retary finds that the NRTL does not meet
may initiate revocation procedures on the
the NRTL recognition requirements, the rec-
basis of information provided by any inter-
ognition will be revoked.
ested person. 4. Public announcement. A copy of the As-
2. Procedure. a. Before proposing to revoke sistant Secretary’s final decision will be pro-
recognition, the Agency will notify the rec- vided to the applicant, and a notification
ognized NRTL in writing, giving it the op- will be published in the FEDERAL REGISTER
portunity to rebut or correct the alleged de- announcing the decision, and the availability
ficiencies which would form the basis of the of the complete record of this proceeding at
proposed revocation, within a reasonable pe- OSHA. The effective date of any revocation
riod. will be the date the final decision copy is
b. If the alleged deficiencies are not cor- sent to the NRTL.
rected or reconciled within a reasonable pe- 5. Review of final decision. There will be no
riod, OSHA will propose, in writing to the further review activity available within the
recognized NRTL, to revoke recognition. If Department of Labor from the final decision
deemed appropriate, no other announcement of the Assistant Secretary.
need be made by OSHA.
c. The revocation shall be effective in 60 [53 FR 12120, Apr. 12, 1988; 53 FR 16838, May
days unless within that period the recog- 11, 1988, as amended at 54 FR 24333, June 7,
nized NRTL corrects the deficiencies or re- 1989; 65 FR 46818, 46819, July 31, 2000]
quests a hearing in writing.
d. If a hearing is requested, it shall be held § 1910.8 OMB control numbers under
before an administrative law judge of the De- the Paperwork Reduction Act.
partment of Labor pursuant to the rules The following sections or paragraphs
specified in 29 CFR part 1905, subpart C.
each contain a collection of informa-
e. The parties shall be OSHA and the rec-
ognized NRTL. The Assistant Secretary may tion requirement which has been ap-
allow other interested persons to participate proved by the Office of Management
in these hearings if such participation would and Budget under the control number
contribute to the resolution of issues ger- listed.
105
OMB con- OMB con-

29 CFR citation 29 CFR citation
trol No. trol No.
1910.7 .................................................................. 1218–0147 1910.1200 ............................................................ 1218–0072

1910.23 ................................................................ 1218–0199 1910.1450 ............................................................ 1218–0131
1910.66 ................................................................ 1218–0121
1910.67(b) ........................................................... 1218–0230
1910.68 ................................................................ 1218–0226 [61 FR 5508, Feb. 13, 1996, as amended at 62
1910.95 ................................................................ 1218–0048 FR 29668, June 2, 1997; 62 FR 42666, Aug. 8,
1910.111 .............................................................. 1218–0208 1997; 62 FR 43581, Aug. 14, 1997; 62 FR 65203,
1910.119 .............................................................. 1218–0200 Dec. 11, 1997; 63 FR 13340, Mar. 19, 1998; 63 FR
1910.120 .............................................................. 1218–0202
1910.132 .............................................................. 1218–0205
17093, Apr. 8, 1998; 71 FR 38086, July 5, 2006]
1910.134 .............................................................. 1218–0099
1910.137 ..............................................................
1910.142 ..............................................................
1218–0190
1218–0096
Subpart B—Adoption and Exten-
1910.145 .............................................................. 1218–0132 sion of Established Federal
1910.146 .............................................................. 1218–0203 Standards
1910.147 .............................................................. 1218–0150
1910.156 .............................................................. 1218–0075
1910.157(e)(3) ..................................................... 1218–0210 AUTHORITY: Secs. 4, 6, and 8 of the Occupa-
1910.157(f)(16) .................................................... 1218–0218 tional Safety and Health Act, 29 U.S.C. 653,
1910.177(d)(3)(iv) ................................................ 1218–0219 655, 657; Walsh-Healey Act, 41 U.S.C. 35 et
1910.179(j)(2)(iii) and (iv) .................................... 1218–0224
1910.179(m)(1) and (m)(2) .................................. 1218–0224
seq.; Service Contract Act of 1965, 41 U.S.C.
1910.180(d)(6) ..................................................... 1218–0221 351 et seq.; Sec.107, Contract Work Hours and
1910.180(g)(1) and (g)(2)(ii) ................................ 1218–0221 Safety Standards Act (Construction Safety
1910.181(g)(1) and (g)(3) .................................... 1218–0222 Act), 40 U.S.C. 333; Sec. 41, Longshore and
1910.184(e)(4), (f)(4) and (i)(8)(ii) ....................... 1218–0223 Harbor Workers’ Compensation Act, 33
1910.217(e)(1)(i) and (ii) ..................................... 1218–0229 U.S.C. 941; National Foundation of Arts and
1910.217(g) ......................................................... 1218–0070 Humanities Act, 20 U.S.C. 951 et seq.; Sec-
1910.217(h) ......................................................... 1218–0143
1910.218(a)(2)(i) and (ii) ..................................... 1218–0228
retary of Labor’s Order No. 12–71 (36 FR 8754),
1910.252(a)(2)(xiii)(c) .......................................... 1218–0207 8–76 (41 FR 1911), 9–83 (48 FR 35736), 1–90 (55
1910.255(e) ......................................................... 1218–0207 FR 9033), or 6-96 (62 FR 111), as applicable.
1910.266 .............................................................. 1218–0198
1910.268 .............................................................. 1218–0225 § 1910.11 Scope and purpose.
1910.269 .............................................................. 1218–0190
1910.272 .............................................................. 1218–0206 (a) The provisions of this subpart B
1910.420 .............................................................. 1218–0069 adopt and extend the applicability of,
1910.421 .............................................................. 1218–0069 established Federal standards in effect
1910.423 .............................................................. 1218–0069
1910.430 .............................................................. 1218–0069 on April 28, 1971, with respect to every
1910.440 .............................................................. 1218–0069 employer, employee, and employment
1910.1001 ............................................................ 1218–0133 covered by the Act.
1910.1003 ............................................................ 1218–0085 (b) It bears emphasis that only stand-
1910.1004 ............................................................ 1218–0084
1910.1006 ............................................................ 1218–0086 ards (i.e., substantive rules) relating to
1910.1007 ............................................................ 1218–0083 safety or health are adopted by any
1910.1008 ............................................................ 1218–0087 incorporations by reference of stand-
1910.1009 ............................................................ 1218–0089
1910.1010 ............................................................ 1218–0082
ards prescribed elsewhere in this chap-
1910.1011 ............................................................ 1218–0090 ter or this title. Other materials con-
1910.1012 ............................................................ 1218–0080 tained in the referenced parties are not
1910.1013 ............................................................ 1218–0079 adopted. Illustrations of the types of
1910.1014 ............................................................ 1218–0088
1910.1015 ............................................................ 1218–0044 materials which are not adopted are
1910.1016 ............................................................ 1218–0081 these. The incorporations by reference
1910.1017 ............................................................ 1218–0010 of parts 1915, 1916, 1917, 1918 in §§ 1910.13,
1910.1018 ............................................................ 1218–0104
1910.1020 ............................................................ 1218–0065
1910.14, 1910.15, and 1910.16 are not in-
1910.1025 ............................................................ 1218–0092 tended to include the discussion in
1910.1026 ............................................................ 1218–0252 those parts of the coverage of the
1910.1027 ............................................................ 1218–0185 Longshoremen’s and Harbor Workers’
1910.1028 ............................................................ 1218–0129
1910.1029 ............................................................ 1218–0128 Compensation Act or the penalty pro-
1910.1030 ............................................................ 1218–0180 visions of the Act. Similarly, the incor-
1910.1043 ............................................................ 1218–0061 poration by reference of part 1926 in
1910.1044 ............................................................ 1218–0101
1910.1045 ............................................................ 1218–0126
§ 1910.12 is not intended to include ref-
1910.1047 ............................................................ 1218–0108 erences to interpretative rules having
1910.1048 ............................................................ 1218–0145 relevance to the application of the
1910.1050 ............................................................ 1218–0184 Construction Safety Act, but having no
1910.1051 ............................................................ 1218–0170
relevance to the application to the Oc-
1910.1052 ............................................................ 1218–0179

1910.1096 ............................................................ 1218–0103 cupational Safety and Health Act.
106
§ 1910.12 Construction work. provement of the existing transmission

and distribution lines and equipment.
(a) Standards. The standards pre-
scribed in part 1926 of this chapter are § 1910.15 Shipyard employment.
adopted as occupational safety and
health standards under section 6 of the (a) Adoption and extension of estab-
Act and shall apply, according to the lished safety and health standards for
provisions thereof, to every employ- shipyard employment. The standards
ment and place of employment of every prescribed by part 1915 (formerly parts
employee engaged in construction 1501–1503) of this title and in effect on
work. Each employer shall protect the April 28, 1971 (as revised), are adopted
employment and places of employment as occupational safety or health stand-
of each of his employees engaged in ards under section 6(a) of the Act and
construction work by complying with shall apply, according to the provisions
the appropriate standards prescribed in thereof, to every employment and
this paragraph. place of employment of every employee
(b) Definition. For purposes of this engaged in ship repair, shipbreaking,
section, Construction work means work and shipbuilding, or a related employ-
for construction, alteration, and/or re- ment. Each employer shall protect the
pair, including painting and deco- employment and places of employment
rating. See discussion of these terms in of each of his employees engaged in
§ 1926.13 of this title. ship repair, shipbreaking, and ship-
(c) Construction Safety Act distin- building, or a related employment, by
guished. This section adopts as occupa- complying with the appropriate stand-
tional safety and health standards ards prescribed by this paragraph.
under section 6 of the Act the stand- (b) Definitions. For purposes of this
ards which are prescribed in part 1926 section:
of this chapter. Thus, the standards
(1) Ship repair means any repair of a
(substantive rules) published in subpart
vessel, including, but not restricted to,
C and the following subparts of part
1926 of this chapter are applied. This alterations, conversions, installations,
section does not incorporate subparts cleaning, painting, and maintenance
A and B of part 1926 of this chapter. work;
Subparts A and B have pertinence only (2) Shipbreaking means any breaking
to the application of section 107 of the down of a vessel’s structure for the
Contract Work Hours and Safety purpose of scrapping the vessel, includ-
Standards Act (the Construction Safe- ing the removal of gear, equipment, or
ty Act). For example, the interpreta- any component of a vessel;
tion of the term ‘‘subcontractor’’ in (3) Shipbuilding means the construc-
paragraph (c) of § 1926.13 of this chapter tion of a vessel, including the installa-
is significant in discerning the cov- tion of machinery and equipment;
erage of the Construction Safety Act (4) Related employment means any em-
and duties thereunder. However, the ployment performed as an incident to,
term ‘‘subcontractor’’ has no signifi- or in conjunction with, ship repair,
cance in the application of the Act, shipbreaking, and shipbuilding work,
which was enacted under the Com- including, but not restricted to, inspec-
merce Clause and which establishes du- tion, testing, and employment as a
ties for ‘‘employers’’ which are not de-
watchman; and
pendent for their application upon any
(5) Vessel includes every description
contractual relationship with the Fed-
eral Government or upon any form of of watercraft or other artificial con-
Federal financial assistance. trivance used, or capable of being used,
(d) For the purposes of this part, to as a means of transportation on water,
the extent that it may not already be including special purpose floating
included in paragraph (b) of this sec- structures not primarily designed for,
tion, ‘‘construction work’’ includes the or used as a means of, transportation
erection of new electric transmission on water.
and distribution lines and equipment,
[58 FR 35308, June 30, 1993]

and the alteration, conversion, and im-
107
§ 1910.16 Longshoring and marine ter- (C) Carbon monoxide, § 1910.1000 (See
minals. § 1918.94 (a)); and
(a) Safety and health standards for (D) Hydrogen sulfide, § 1910.1000 (See
longshoring. (1) Part 1918 of this chapter § 1918.94 (f)).
shall apply exclusively, according to (x) Powered industrial truck operator
the provisions thereof, to all employ- training, Subpart N, § 1910.178(l).
ment of every employee engaged in (b) Safety and health standards for ma-
longshoring operations or related em- rine terminals. Part 1917 of this chapter
ployment aboard any vessel. All cargo shall apply exclusively, according to
transfer accomplished with the use of the provisions thereof, to employment
shore-based material handling devices within a marine terminal, except as
shall be governed by part 1917 of this follows:
chapter. (1) The provisions of part 1917 of this
(2) Part 1910 does not apply to chapter do not apply to the following:
longshoring operations except for the (i) Facilities used solely for the bulk
following provisions: storage, handling, and transfer of flam-
(i) Access to employee exposure and mable and combustible liquids and
medical records. Subpart Z, § 1910.1020; gases.
(ii) Commercial diving operations. Sub- (ii) Facilities subject to the regula-
part T; tions of the Office of Pipeline Safety of
(iii) Electrical. Subpart S when shore- the Research and Special Programs Ad-
based electrical installations provide ministration, Department of Transpor-
power for use aboard vessels; tation (49 CFR chapter I, subchapter
(iv) Hazard communication. Subpart Z, D), to the extent such regulations
§ 1910.1200; apply to specific working conditions.
(v) Ionizing radiation. Subpart Z, (iii) Fully automated bulk coal han-
§ 1910.1096; dling facilities contiguous to electrical
(vi) Noise. Subpart G, § 1910.95; power generating plants.
(vii) Nonionizing radiation. Subpart G, (2) Part 1910 does not apply to marine
§ 1910.97; terminals except for the following:
(i) Abrasive blasting. Subpart G,
NOTE TO PARAGRAPH (a)(2)(vii): Exposures
to nonionizing radiation emissions from § 1910.94(a);
commercial vessel transmitters are consid- (ii) Access to employee exposure and
ered hazardous under the following condi- medical records. Subpart Z, § 1910.1020;
tions: (1) where the radar is transmitting, (iii) Commercial diving operations. Sub-
the scanner is stationary, and the exposure part T;
distance is 18.7 feet (6 m.) or less; or (2) (iv) Electrical. Subpart S;
where the radar is transmitting, the scanner (v) Grain handling facilities. Subpart
is rotating, and the exposure distance is 5.2
R, § 1910.272;
feet (1.8 m.) or less.
(vi) Hazard communication. Subpart Z,
(viii) Respiratory protection. Subpart
§ 1910.1200;
I, § 1910.134;
(ix) Toxic and hazardous substances. (vii) Ionizing radiation. Subpart Z,
Subpart Z applies to marine cargo han- § 1910.1096;
dling activities except for the fol- (viii) Noise. Subpart G, § 1910.95;
lowing: (ix) Nonionizing radiation. Subpart G,
(A) When a substance or cargo is con- § 1910.97.
tained within a sealed, intact means of (x) Respiratory protection. Subpart I,
packaging or containment complying § 1910.134.
with Department of Transportation or (xi) Safety requirements for scaffolding.
International Maritime Organization Subpart D, § 1910.28;
requirements;1 (xii) Servicing multi-piece and single
(B) Bloodborne pathogens, § 1910.1030; piece rim wheels. Subpart N, § 1910.177;
(xiii) Toxic and hazardous substances.
1 The International Maritime Organization
Subpart Z applies to marine cargo han-
publishes the International Maritime Dan-
dling activities except for the fol-
gerous Goods Code to aid compliance with lowing:
the international legal requirements of the (A) When a substance or cargo is con-
International Convention for the Safety of tained within a sealed, intact means of
Life at Sea, 1960. packaging or containment complying
108
with Department of Transportation or ated with those production or manufac-

International Maritime Organization turing areas.
requirements; 2 [39 FR 23502, June 27, 1974, as amended at 48
(B) Bloodborne pathogens, § 1910.1030; FR 30908, July 5, 1983; 52 FR 36026, Sept. 25,
(C) Carbon monoxide, § 1910.1000 (See 1987; 62 FR 40195, July 25, 1997; 63 FR 66270,
§ 1917.24(a)); and Dec. 1, 1998]
(D) Hydrogen sulfide, § 1910.1000 (See
§ 1910.17 Effective dates.
§ 1917.73(a)(2)); and
(xiv) Powered industrial truck oper- (a)–(b) [Reserved]
ator training, Subpart N, § 1910.178(l). (c) Except whenever any employment
(c) Definitions. For purposes of this or place of employment is, or becomes,
section: subject to any safety and health stand-
(1) Longshoring operation means the ard prescribed in part 1915, 1916, 1917,
loading, unloading, moving, or han- 1918, or 1926 of this title on a date be-
fore August 27, 1971, by virtue of the
dling of, cargo, ship’s stores, gear, etc.,
Construction Safety Act or the Long-
into, in, on, or out of any vessel;
shoremen’s and Harbor Workers’ Com-
(2) Related employment means any em- pensation Act, that occupational safe-
ployment performed as an incident to ty and health standard as incorporated
or in conjunction with, longshoring op- by reference in this subpart shall also
erations including, but not restricted become effective under the Williams-
to, securing cargo, rigging, and em- Steiger Occupational Safety and
ployment as a porter, checker, or Health Act of 1970 on that date.
watchman; and
(3) Vessel includes every description
FR 9235, Mar. 7, 1996]
of watercraft or other artificial con-
trivance used, or capable of being used, § 1910.18 Changes in established Fed-
as a means of transportation on water, eral standards.
including special purpose floating Whenever an occupational safety and
structures not primarily designed for, health standard adopted and incor-
or used as a means of, transportation porated by reference in this subpart B
on water. is changed pursuant to section 6(b) of
(4) Marine terminal means wharves, the Act and the statute under which
bulkheads, quays, piers, docks and the standard was originally promul-
other berthing locations and adjacent gated, and in accordance with part 1911
storage or adjacent areas and struc- of this chapter, the standard shall be
tures associated with the primary deemed changed for purposes of that
movement of cargo or materials from statute and this subpart B, and shall
vessel to shore or shore to vessel in- apply under this subpart B. For the
cluding structures which are devoted purposes of this section, a change in a
to receiving, handling, holding, con- standard includes any amendment, ad-
solidation and loading or delivery of dition, or repeal, in whole or in part, of
waterborne shipments or passengers, any standard.
including areas devoted to the mainte-
§ 1910.19 Special provisions for air
nance of the terminal or equipment. contaminants.
The term does not include production
or manufacturing areas having their (a) Asbestos, tremolite, anthophyllite,
own docking facilities and located at a and actinolite dust. Section 1910.1001
shall apply to the exposure of every
marine terminal nor does the term in-
employee to asbestos, tremolite,
clude storage facilities directly associ-
anthophyllite, and actinolite dust in
every employment and place of em-
2 The International Maritime Organization ployment covered by § 1910.16, in lieu of
publishes the International Maritime Dan- any different standard on exposure to
gerous Goods Code to aid compliance with asbestos, tremolite, anthophyllite, and
the international legal requirements of the actinolite dust which would otherwise
International Convention for the Safety of be applicable by virtue of any of those
Life at Sea, 1960. sections.
109
(b) Vinyl chloride. Section 1910.1017 employee to formaldehyde in every em-

shall apply to the exposure of every ployment and place of employment
employee to vinyl chloride in every covered by § 1910.12, 1910.13, 1910.14,
employment and place of employment 1910.15 or 1910.16 in lieu of any different
covered by §§ 1910.12, 1910.13, 1910.14, standard on exposure to formaldehyde
1910.15, or 1910.16, in lieu of any dif- which would otherwise be applicable by
ferent standard on exposure to vinyl virtue of those sections.
chloride which would otherwise be ap- (k) Cadmium. Section 1910.1027 shall
plicable by virtue of any of those sec- apply to the exposure of every em-
tions. ployee to cadmium in every employ-
(c) Acrylonitrile. Section 1910.1045 ment and place of employment covered
shall apply to the exposure of every by § 1910.16 in lieu of any different
employee to acrylonitrile in every em- standard on exposures to cadmium that
ployment and place of employment would otherwise be applicable by virtue
covered by §§ 1910.12, 1910.13, 1910.14, of those sections.
1910.15, or § 1910.16, in lieu of any dif- (l) 1,3-Butadiene (BD). Section
ferent standard on exposure to acrylo- 1910.1051 shall apply to the exposure of
nitrile which would otherwise be appli- every employee to BD in every employ-
cable by virtue of any of those sec- ment and place of employment covered
tions. by §§ 1910.12, 1910.13, 1910.14, 1910.15, or
(d) [Reserved] 1910.16, in lieu of any different standard
(e) Inorganic arsenic. Section 1910.1018 on exposure to BD which would other-
shall apply to the exposure of every wise be applicable by virtue of those
employee to inorganic arsenic in every sections.
employment covered by §§ 1910.12,
(m) Methylene chloride (MC). Section
1910.13, 1910.14, 1910.15, or § 1910.16, in
1910.1052 shall apply to the exposure of
lieu of any different standard on expo-
every employee to MC in every employ-
sure to inorganic arsenic which would
ment and place of employment covered
otherwise be applicable by virtue of
by § 1910.16 in lieu of any different
any of those sections.
standard on exposure to MC which
(f) [Reserved]
would otherwise be applicable by virtue
(g) Lead. Section 1910.1025 shall apply
of that section when it is not present
to the exposure of every employee to
in sealed, intact containers.
lead in every employment and place of
employment covered by §§ 1910.13, [43 FR 28473, June 30, 1978, as amended at 43
1910.14, 1910.15, and 1910.16, in lieu of FR 45809, Oct. 3, 1978; 43 FR 53007, Nov. 14,
any different standard on exposure to 1978; 44 FR 5447, Jan. 26, 1979; 46 FR 32022,
lead which would otherwise be applica- June 19, 1981; 49 FR 25796, June 22, 1984; 50 FR
51173, Dec. 13, 1985; 52 FR 46291, Dec. 4, 1987;
ble by virtue of those sections.
57 FR 35666, Aug. 10, 1992; 57 FR 42388, Sept.
(h) Ethylene oxide. Section 1910.1047 14, 1992; 59 FR 41057, Aug. 10, 1994; 61 FR 56831,
shall apply to the exposure of every Nov. 4, 1996; 62 FR 1600, Jan. 10, 1997]
employee to ethylene oxide in every
employment and place of employment
covered by §§ 1910.12, 1910.13, 1910.14,
Subpart C [Reserved]
1910.15, or 1910.16, in lieu of any dif-
ferent standard on exposure to ethyl- Subpart D—Walking-Working
ene oxide which would otherwise be ap- Surfaces
plicable by virtue of those sections.
(i) 4,4′-Methylenedianiline (MDA). Sec- AUTHORITY: Secs. 4, 6, and 8 of the Occupa-
tion 1910.1050 shall apply to the expo- tional Safety and Health Act of 1970 (29
sure of every employee to MDA in U.S.C. 653, 655, and 657); Secretary of Labor’s
every employment and place of em- Order No. 12–71 (36 FR 8754), 8–76 (41 FR
ployment covered by §§ 1910.13, 1910.14, 25059), 9–83 (48 FR 35736), or 1–90 (55 FR 9033),
1910.15, or 1910.16, in lieu of any dif- as applicable; and 29 CFR part 1911.
ferent standard on exposure to MDA
which would otherwise be applicable by § 1910.21 Definitions.
virtue of those sections. (a) As used in § 1910.23, unless the con-
(j) Formaldehyde. Section 1910.1048 text requires otherwise, floor and wall
shall apply to the exposure of every opening, railing and toe board terms
110
shall have the meanings ascribed in persons may fall; such as a yard-arm
this paragraph. doorway or chute opening.
(1) Floor hole. An opening measuring (b) As used in § 1910.24, unless the con-
less than 12 inches but more than 1 text requires otherwise, fixed indus-
inch in its least dimension, in any trial stair terms shall have the mean-
floor, platform, pavement, or yard, ing ascribed in this paragraph.
through which materials but not per- (1) Handrail. A single bar or pipe sup-
sons may fall; such as a belt hole, pipe ported on brackets from a wall or par-
opening, or slot opening. tition to provide a continuous hand-
(2) Floor opening. An opening meas- hold for persons using a stair.
uring 12 inches or more in its least di- (2) Nose, nosing. That portion of a
mension, in any floor, platform, pave- tread projecting beyond the face of the
ment, or yard through which persons riser immediately below.
may fall; such as a hatchway, stair or (3) Open riser. The air space between
ladder opening, pit, or large manhole. the treads of stairways without upright
Floor openings occupied by elevators, members (risers).
dumb waiters, conveyors, machinery, (4) Platform. An extended step or
or containers are excluded from this landing breaking a continuous run of
subpart. stairs.
(3) Handrail. A single bar or pipe sup- (5) Railing. A vertical barrier erected
ported on brackets from a wall or par- along exposed sides of stairways and
tition, as on a stairway or ramp, to fur- platforms to prevent falls of persons.
nish persons with a handhold in case of The top member of railing usually
tripping. serves as a handrail.
(4) Platform. A working space for per- (6) Rise. The vertical distance from
sons, elevated above the surrounding the top of a tread to the top of the next
floor or ground; such as a balcony or higher tread.
platform for the operation of machin- (7) Riser. The upright member of a
ery and equipment. step situated at the back of a lower
tread and near the leading edge of the
(5) Runway. A passageway for per-
next higher tread.
sons, elevated above the surrounding
(8) Stairs, stairway. A series of steps
floor or ground level, such as a
leading from one level or floor to an-
footwalk along shafting or a walkway
other, or leading to platforms, pits,
between buildings.
boiler rooms, crossovers, or around ma-
(6) Standard railing. A vertical barrier
chinery, tanks, and other equipment
erected along exposed edges of a floor
that are used more or less continuously
opening, wall opening, ramp, platform,
or routinely by employees, or only oc-
or runway to prevent falls of persons.
casionally by specific individuals. A se-
(7) Standard strength and construction. ries of steps and landings having three
Any construction of railings, covers, or or more risers constitutes stairs or
other guards that meets the require- stairway.
ments of § 1910.23. (9) Tread. The horizontal member of a
(8) Stair railing. A vertical barrier step.
erected along exposed sides of a stair- (10) Tread run. The horizontal dis-
way to prevent falls of persons. tance from the leading edge of a tread
(9) Toeboard. A vertical barrier at to the leading edge of an adjacent
floor level erected along exposed edges tread.
of a floor opening, wall opening, plat- (11) Tread width. The horizontal dis-
form, runway, or ramp to prevent falls tance from front to back of tread in-
of materials. cluding nosing when used.
(10) Wall hole. An opening less than 30 (c) As used in § 1910.25, unless the con-
inches but more than 1 inch high, of text requires otherwise, portable wood
unrestricted width, in any wall or par- ladders terms shall have the meanings
tition; such as a ventilation hole or ascribed in this paragraph.
drainage scupper. (1) Ladders. A ladder is an appliance
(11) Wall opening. An opening at least usually consisting of two side rails
30 inches high and 18 inches wide, in joined at regular intervals by cross-
any wall or partition, through which pieces called steps, rungs, or cleats, on
111
which a person may step in ascending being at right angles to the plane of
or descending. motion.
(2) Stepladder. A stepladder is a (10) Side-rolling ladder. A side-rolling
selfsupporting portable ladder, non- ladder is a semifixed ladder, nonadjust-
adjustable in length, having flat steps able in length, supported by attach-
and a hinged back. Its size is des- ments to a guide rail, which is gen-
ignated by the overall length of the erally fastened to shelving, the plane of
ladder measured along the front edge of the ladder being also its plane of mo-
the side rails. tion.
(3) Single ladder. A single ladder is a (11) Wood characteristics. Wood char-
non-self-supporting portable ladder, acteristics are distinguishing features
nonadjustable in length, consisting of which by their extent and number de-
but one section. Its size is designated termine the quality of a piece of wood.
by the overall length of the side rail. (12) Wood irregularities. Wood irreg-
(4) Extension ladder. An extension lad- ularities are natural characteristics in
der is a non-self-supporting portable or on wood that may lower its dura-
ladder adjustable in length. It consists bility, strength, or utility.
of two or more sections traveling in (13) Cross grain. Cross grain (slope of
guides or brackets so arranged as to grain) is a deviation of the fiber direc-
tion from a line parallel to the sides of
permit length adjustment. Its size is
the piece.
designated by the sum of the lengths of
(14) Knot. A knot is a branch or limb,
the sections measured along the side
imbedded in the tree and cut through
rails.
in the process of lumber manufacture,
(5) Sectional ladder. A sectional ladder classified according to size, quality,
is a non-self-supporting portable lad- and occurrence. The size of the knot is
der, nonadjustable in length, consisting determined as the average diameter on
of two or more sections of ladder so the surface of the piece.
constructed that the sections may be (15) Pitch and bark pockets. A pitch
combined to function as a single lad- pocket is an opening extending parallel
der. Its size is designated by the overall to the annual growth rings containing,
length of the assembled sections. or that has contained, pitch, either
(6) Trestle ladder. A trestle ladder is a solid or liquid. A bark pocket is an
self-supporting portable ladder, non- opening between annual growth rings
adjustable in length, consisting of two that contains bark.
sections hinged at the top to form (16) Shake. A shake is a separation
equal angles with the base. The size is along the grain, most of which occurs
designated by the length of the side between the rings of annual growth.
rails measured along the front edge. (17) Check. A check is a lengthwise
(7) Extension trestle ladder. An exten- separation of the wood, most of which
sion trestle ladder is a self-supporting occurs across the rings of annual
portable ladder, adjustable in length, growth.
consisting of a trestle ladder base and (18) Wane. Wane is bark, or the lack
a vertically adjustable single ladder, of wood from any cause, on the corner
with suitable means for locking the of a piece.
ladders together. The size is designated (19) Decay. Decay is disintegration of
by the length of the trestle ladder base. wood substance due to action of wood-
(8) Special-purpose ladder. A special- destroying fungi. It is also known as
purpose ladder is a portable ladder dote and rot.
which represents either a modification (20) Compression failure. A compres-
or a combination of design or construc- sion failure is a deformation (buckling)
tion features in one of the general-pur- of the fibers due to excessive compres-
pose types of ladders previously de- sion along the grain.
fined, in order to adapt the ladder to (21) Compression wood. Compression
special or specific uses. wood is an aberrant (abnormal) and
(9) Trolley ladder. A trolley ladder is a highly variable type of wood structure
semifixed ladder, nonadjustable in occurring in softwood species. The
length, supported by attachments to an wood commonly has density somewhat
overhead track, the plane of the ladder higher than does normal wood, but
112
somewhat lower stiffness and tensile (8) Extension trestle ladder. An exten-
strength for its weight in addition to sion trestle ladder is a self-supporting
high longitudinal shrinkage. portable ladder, adjustable in length,
(22) Low density. Low-density wood is consisting of a trestle ladder base and
that which is exceptionally light in a vertically adjustable single ladder,
weight and usually deficient in with suitable means for locking the
strength properties for the species. ladders together. The size is designated
(d) As used in § 1910.26, unless the con- by the length of the trestle ladder base.
text requires otherwise, portable metal (9) Special-purpose ladder. A special-
ladder terms shall have the meanings purpose ladder is a portable ladder
ascribed in this paragraph. which represents either a modification
(1) Ladder. A ladder is an appliance or a combination of design or construc-
usually consisting of two side rails tion features in one of the general-pur-
joined at regular intervals by cross- pose types of ladders previously de-
pieces called steps, rungs, or cleats, on fined, in order to adapt the ladder to
which a person may step in ascending special or specific uses.
or descending. (e) As used in § 1910.27, unless the con-
(2) Step ladder. A step ladder is a self- text requires otherwise, fixed ladder
supporting portable ladder, nonadjust- terms shall have the meanings ascribed
able in length, having flat steps and a in this paragraph.
hinged back. Its size is designated by (1) Ladder. A ladder is an appliance
the overall length of the ladder meas- usually consisting of two side rails
ured along the front edge of the side joined at regular intervals by cross-
rails. pieces called steps, rungs, or cleats, on
(3) Single ladder. A single ladder is a which a person may step in ascending
non-self-supporting portable ladder, or descending.
nonadjustable in length, consisting of
(2) Fixed ladder. A fixed ladder is a
but one section. Its size is designated
ladder permanently attached to a
by the overall length of the side rail.
structure, building, or equipment.
(4) Extension ladder. An extension lad-
(3) Individual-rung ladder. An indi-
der is a non-self-supporting portable
vidual-rung ladder is a fixed ladder
ladder adjustable in length. It consists
each rung of which is individually at-
of two or more sections traveling in
tached to a structure, building, or
guides or brackets so arranged as to
equipment.
permit length adjustment. Its size is
designated by the sum of the lengths of (4) Rail ladder. A rail ladder is a fixed
the sections measured along the side ladder consisting of side rails joined at
rails. regular intervals by rungs or cleats and
(5) Platform ladder. A self-supporting fastened in full length or in sections to
ladder of fixed size with a platform pro- a building, structure, or equipment.
vided at the working level. The size is (5) Railings. A railing is any one or a
determined by the distance along the combination of those railings con-
front rail from the platform to the base structed in accordance with § 1910.23. A
of the ladder. standard railing is a vertical barrier
(6) Sectional ladder. A sectional ladder erected along exposed edges of floor
is a non-self-supporting portable lad- openings, wall openings, ramps, plat-
der, non-adjustable in length, conforms, and runways to prevent falls of
sisting of two or more sections so con- persons.
structed that the sections may be com- (6) Pitch. Pitch is the included angle
bined to function as a single ladder. Its between the horizontal and the ladder,
size is designated by the overall length measured on the opposite side of the
of the assembled sections. ladder from the climbing side.
(7) Trestle ladder. A trestle ladder is a (7) Fastenings. A fastening is a device
self-supporting portable ladder, non-ad- to attach a ladder to a structure, build-
justable in length, consisting of two ing, or equipment.
sections, hinged at the top to form (8) Rungs. Rungs are ladder cross-
equal angles with the base. The size is pieces of circular or oval cross-section
designated by the length of the side on which a person may step in ascend-
rails measured along the front edge. ing or descending.
113
(9) Cleats. Cleats are ladder cross- (5) Carpenters’ bracket scaffold. A scaf-
pieces of rectangular cross-section fold consisting of wood or metal brack-
placed on edge on which a person may ets supporting a platform.
step in ascending or descending. (6) Coupler. A device for locking to-
(10) Steps. Steps are the flat cross- gether the component parts of a tubu-
pieces of a ladder on which a person lar metal scaffold. The material used
may step in ascending or descending. for the couplers shall be of a structural
(11) Cage. A cage is a guard that may type, such as a drop-forged steel, mal-
be referred to as a cage or basket guard leable iron, or structural grade alu-
which is an enclosure that is fastened minum. The use of gray cast iron is
to the side rails of the fixed ladder or prohibited.
to the structure to encircle the climb- (7) Crawling board or chicken ladder. A
ing space of the ladder for the safety of plank with cleats spaced and secured at
the person who must climb the ladder. equal intervals, for use by a worker on
(12) Well. A well is a permanent com- roofs, not designed to carry any mate-
plete enclosure around a fixed ladder, rial.
which is attached to the walls of the (8) Double pole or independent pole
well. Proper clearances for a well will scaffold. A scaffold supported from the
give the person who must climb the base by a double row of uprights, inde-
ladder the same protection as a cage. pendent of support from the walls and
(13) Ladder safety device. A ladder constructed of uprights, ledgers, hori-
safety device is any device, other than zontal platform bearers, and diagonal
a cage or well, designed to eliminate or bracing.
reduce the possibility of accidental (9) Float or ship scaffold. A scaffold
falls and which may incorporate such hung from overhead supports by means
features as life belts, friction brakes, of ropes and consisting of a substantial
and sliding attachments. platform having diagonal bracing un-
(14) Grab bars. Grab bars are indi- derneath, resting upon and securely
vidual handholds placed adjacent to or fastened to two parallel plank bearers
as an extension above ladders for the at right angles to the span.
purpose of providing access beyond the
(10) Guardrail. A rail secured to
limits of the ladder.
uprights and erected along the exposed
(15) Through ladder. A through ladder
sides and ends of platforms.
is one from which a man getting off at
(11) Heavy duty scaffold. A scaffold de-
the top must step through the ladder in
signed and constructed to carry a
order to reach the landing.
working load not to exceed 75 pounds
(16) Side-step ladder. A side-step lad-
per square foot.
der is one from which a man getting off
at the top must step sideways from the (12) Horse scaffold. A scaffold for light
ladder in order to reach the landing. or medium duty, composed of horses
(f) As used in § 1910.28, unless the con- supporting a work platform.
text requires otherwise, scaffolding (13) Interior hung scaffold. A scaffold
terms shall have the meaning ascribed suspended from the ceiling or roof
in this paragraph. structure.
(1) Bearer. A horizontal member of a (14) Ladder jack scaffold. A light duty
scaffold upon which the platform rests scaffold supported by brackets at-
and which may be supported by ledg- tached to ladders.
ers. (15) Ledger (stringer). A horizontal
(2) Boatswain’s chair. A seat sup- scaffold member which extends from
ported by slings attached to a sus- post to post and which supports the
pended rope, designed to accommodate putlogs or bearer forming a tie between
one workman in a sitting position. the posts.
(3) Brace. A tie that holds one scaf- (16) Light duty scaffold. A scaffold de-
fold member in a fixed position with signed and constructed to carry a
respect to another member. working load not to exceed 25 pounds
(4) Bricklayers’ square scaffold. A scaf- per square foot.
fold composed of framed wood squares (17) Manually propelled mobile scaffold.
which support a platform limited to A portable rolling scaffold supported
light and medium duty. by casters.
114
(18) Masons’ adjustable multiple-point (30) Stone setters’ adjustable multiple-

suspension scaffold. A scaffold having a point suspension scaffold. A swinging-
continuous platform supported by bear- type scaffold having a platform sup-
ers suspended by wire rope from over- ported by hangers suspended at four
head supports, so arranged and oper- points so as to permit the raising or
ated as to permit the raising or low- lowering of the platform to the desired
ering of the platform to desired work- working position by the use of hoisting
ing positions. machines.
(19) Maximum intended load. The total (31) Toeboard. A barrier secured along
of all loads including the working load, the sides and ends of a platform, to
the weight of the scaffold, and such guard against the falling of material.
other loads as may be reasonably an- (32) Tube and coupler scaffold. An as-
ticipated. sembly consisting of tubing which
(20) Medium duty scaffold. A scaffold serves as posts, bearers, braces, ties,
designed and constructed to carry a and runners, a base supporting the
working load not to exceed 50 pounds posts, and special couplers which serve
per square foot. to connect the uprights and to join the
(21) Mid-rail. A rail approximately various members.
midway between the guardrail and (33) Tubular welded frame scaffold. A
platform, used when required, and se- sectional, panel, or frame metal scaf-
cured to the uprights erected along the fold substantially built up of prefab-
exposed sides and ends of platforms. ricated welded sections which consist
(22) Needle beam scaffold. A light duty of posts and horizontal bearer with in-
scaffold consisting of needle beams termediate members. Panels or frames
supporting a platform. shall be braced with diagonal or cross
(23) Outrigger scaffold. A scaffold sup- braces.
ported by outriggers or thrustouts pro- (34) Two-point suspension scaffold
jecting beyond the wall or face of the (swinging scaffold). A scaffold, the plat-
building or structure, the inboard ends form of which is supported by hangers
of which are secured inside of such a (stirrups) at two points, suspended
building or structure. from overhead supports so as to permit
(24) Putlog. A scaffold member upon the raising or lowering of the platform
which the platform rests. to the desired working position by
(25) Roofing bracket. A bracket used in tackle or hoisting machines.
sloped roof construction, having provi- (35) Window jack scaffold. A scaffold,
sions for fastening to the roof or sup- the platform of which is supported by a
ported by ropes fastened over the ridge bracket or jack which projects through
and secured to some suitable object. a window opening.
(26) Runner. The lengthwise hori- (36) Working load. Load imposed by
zontal bracing or bearing members or men, materials, and equipment.
both. (g) As used in § 1910.29, unless the con-
(27) Scaffold. Any temporary elevated text requires otherwise, manually pro-
platform and its supporting structure pelled mobile ladder stand and scaffold
used for supporting workmen or mate- (tower) terms shall have the meaning
rials or both. ascribed in this paragraph.
(28) Single-point adjustable suspension (1) Bearer. A horizontal member of a
scaffold. A manually or power-operated scaffold upon which the platform rests
unit designed for light duty use, sup- and which may be supported by ledg-
ported by a single wire rope from an ers.
overhead support so arranged and oper- (2) Brace. A tie that holds one scaf-
ated as to permit the raising or low- fold member in a fixed position with
ering of the platform to desired work- respect to another member.
ing positions. (3) Climbing ladder. A separate ladder
(29) Single pole scaffold. Platforms with equally spaced rungs usually at-
resting on putlogs or crossbeams, the tached to the scaffold structure for
outside ends of which are supported on climbing and descending.
ledgers secured to a single row of posts (4) Coupler. A device for locking to-
or uprights and the inner ends of which gether the components of a tubular
are supported on or in a wall. metal scaffold which shall be designed
115
and used to safely support the max- (19) Tubular welded sectional folding
imum intended loads. scaffold. A sectional, folding metal
(5) Design working load. The max- scaffold either of ladder frame or inside
imum intended load, being the total of stairway design, substantially built of
all loads including the weight of the prefabricated welded sections, which
men, materials, equipment, and plat- consist of end frames, platform frame,
form. inside inclined stairway frame and
(6) Equivalent. Alternative design or braces, or hinged connected diagonal
features, which will provide an equal and horizontal braces, capable of being
degree or factor of safety. folded into a flat package when the
(7) Guardrail. A barrier secured to scaffold is not in use.
uprights and erected along the exposed (20) Work level. The elevated plat-
sides and ends of platforms to prevent form, used for supporting workmen and
falls of persons. their materials, comprising the nec-
(8) Handrail. A rail connected to a essary vertical, horizontal, and diago-
ladder stand running parallel to the nal braces, guardrails, and ladder for
slope and/or top step. access to the work platform.
(9) Ladder stand. A mobile fixed size
self-supporting ladder consisting of a § 1910.22 General requirements.
wide flat tread ladder in the form of
This section applies to all permanent
stairs. The assembly may include hand-
places of employment, except where
rails.
domestic, mining, or agricultural work
(10) Ledger (stringer). A horizontal
only is performed. Measures for the
scaffold member which extends from
control of toxic materials are consid-
post to post and which supports the
ered to be outside the scope of this sec-
bearer forming a tie between the posts.
tion.
(11) Mobile scaffold (tower). A light,
(a) Housekeeping. (1) All places of em-
medium, or heavy duty scaffold mount-
ployment, passageways, storerooms,
ed on casters or wheels.
and service rooms shall be kept clean
(12) Mobile. ‘‘Manually propelled.’’
and orderly and in a sanitary condi-
(13) Mobile work platform. Generally a
tion.
fixed work level one frame high on
casters or wheels, with bracing diago- (2) The floor of every workroom shall
nally from platform to vertical frame. be maintained in a clean and, so far as
(14) Runner. The lengthwise hori- possible, a dry condition. Where wet
zontal bracing and/or bearing members. processes are used, drainage shall be
(15) Scaffold. Any temporary elevated maintained, and false floors, platforms,
platform and its necessary vertical, di- mats, or other dry standing places
agonal, and horizontal members used should be provided where practicable.
for supporting workmen and materials. (3) To facilitate cleaning, every floor,
(Also known as a scaffold tower.) working place, and passageway shall be
(16) Toeboard. A barrier at platform kept free from protruding nails, splin-
level erected along the exposed sides ters, holes, or loose boards.
and ends of a scaffold platform to pre- (b) Aisles and passageways. (1) Where
vent falls of materials. mechanical handling equipment is
(17) Tube and coupler scaffold. An as- used, sufficient safe clearances shall be
sembly consisting of tubing which allowed for aisles, at loading docks,
serves as posts, bearers, braces, ties, through doorways and wherever turns
and runners, a base supporting the or passage must be made. Aisles and
posts, and uprights, and serves to join passageways shall be kept clear and in
the various members, usually used in good repairs, with no obstruction
fixed locations. across or in aisles that could create a
(18) Tubular welded frame scaffold. A hazard.
sectional, panel, or frame metal scaf- (2) Permanent aisles and passageways
fold substantially built up of prefab- shall be appropriately marked.
ricated welded sections, which consist (c) Covers and guardrails. Covers and/
of posts and bearers with intermediate or guardrails shall be provided to pro-
connecting members and braced with tect personnel from the hazards of open
diagonal or cross braces. pits, tanks, vats, ditches, etc.
116
(d) Floor loading protection. (1) In positions by removable standard rail-

every building or other structure, or ings.
part thereof, used for mercantile, busi- (ii) A removable railing with
ness, industrial, or storage purposes, toeboard on not more than two sides of
the loads approved by the building offi- the opening and fixed standard railings
cial shall be marked on plates of ap- with toeboards on all other exposed
proved design which shall be supplied sides. The removable railings shall be
and securely affixed by the owner of kept in place when the opening is not
the building, or his duly authorized in use.
agent, in a conspicuous place in each Where operating conditions necessitate
space to which they relate. Such plates the feeding of material into any hatch-
shall not be removed or defaced but, if way or chute opening, protection shall
lost, removed, or defaced, shall be re- be provided to prevent a person from
placed by the owner or his agent. falling through the opening.
(2) It shall be unlawful to place, or (4) Every skylight floor opening and
cause, or permit to be placed, on any hole shall be guarded by a standard
floor or roof of a building or other skylight screen or a fixed standard
structure a load greater than that for railing on all exposed sides.
which such floor or roof is approved by (5) Every pit and trapdoor floor open-
the building official. ing, infrequently used, shall be guarded
by a floor opening cover of standard
§ 1910.23 Guarding floor and wall strength and construction. While the
openings and holes. cover is not in place, the pit or trap
(a) Protection for floor openings. (1) opening shall be constantly attended
Every stairway floor opening shall be by someone or shall be protected on all
guarded by a standard railing con- exposed sides by removable standard
structed in accordance with paragraph railings.
(e) of this section. The railing shall be (6) Every manhole floor opening shall
provided on all exposed sides (except at be guarded by a standard manhole
entrance to stairway). For infrequently cover which need not be hinged in
used stairways where traffic across the place. While the cover is not in place,
the manhole opening shall be con-
opening prevents the use of fixed stand-
stantly attended by someone or shall
ard railing (as when located in aisle
be protected by removable standard
spaces, etc.), the guard shall consist of
railings.
a hinged floor opening cover of stand-
(7) Every temporary floor opening
ard strength and construction and re-
shall have standard railings, or shall be
movable standard railings on all ex-
constantly attended by someone.
posed sides (except at entrance to (8) Every floor hole into which per-
stairway). sons can accidentally walk shall be
(2) Every ladderway floor opening or guarded by either:
platform shall be guarded by a stand- (i) A standard railing with standard
ard railing with standard toeboard on toeboard on all exposed sides, or
all exposed sides (except at entrance to (ii) A floor hole cover of standard
opening), with the passage through the strength and construction. While the
railing either provided with a swinging cover is not in place, the floor hole
gate or so offset that a person cannot shall be constantly attended by some-
walk directly into the opening. one or shall be protected by a remov-
(3) Every hatchway and chute floor able standard railing.
opening shall be guarded by one of the (9) Every floor hole into which per-
following: sons cannot accidentally walk (on ac-
(i) Hinged floor opening cover of count of fixed machinery, equipment,
standard strength and construction or walls) shall be protected by a cover
equipped with standard railings or per- that leaves no openings more than 1
manently attached thereto so as to inch wide. The cover shall be securely
leave only one exposed side. When the held in place to prevent tools or mate-
opening is not in use, the cover shall be rials from falling through.
closed or the exposed side shall be (10) Where doors or gates open di-
guarded at both top and intermediate rectly on a stairway, a platform shall
117
be provided, and the swing of the door sided floor or platform 4 feet or more
shall not reduce the effective width to above adjacent floor or ground level
less than 20 inches. shall be guarded by a standard railing
(b) Protection for wall openings and (or the equivalent as specified in para-
holes. (1) Every wall opening from graph (e)(3) of this section) on all open
which there is a drop of more than 4 sides except where there is entrance to
feet shall be guarded by one of the fol- a ramp, stairway, or fixed ladder. The
lowing: railing shall be provided with a
(i) Rail, roller, picket fence, half toeboard wherever, beneath the open
door, or equivalent barrier. Where sides,
there is exposure below to falling ma- (i) Persons can pass,
terials, a removable toe board or the (ii) There is moving machinery, or
equivalent shall also be provided. When (iii) There is equipment with which
the opening is not in use for handling falling materials could create a hazard.
materials, the guard shall be kept in (2) Every runway shall be guarded by
position regardless of a door on the a standard railing (or the equivalent as
opening. In addition, a grab handle specified in paragraph (e)(3) of this sec-
shall be provided on each side of the tion) on all open sides 4 feet or more
opening with its center approximately above floor or ground level. Wherever
4 feet above floor level and of standard tools, machine parts, or materials are
strength and mounting. likely to be used on the runway, a
(ii) Extension platform onto which toeboard shall also be provided on each
materials can be hoisted for handling, exposed side.
and which shall have side rails or Runways used exclusively for special
equivalent guards of standard speci- purposes (such as oiling, shafting, or
fications. filling tank cars) may have the railing
(2) Every chute wall opening from on one side omitted where operating
which there is a drop of more than 4 conditions necessitate such omission,
feet shall be guarded by one or more of providing the falling hazard is mini-
the barriers specified in paragraph mized by using a runway of not less
(b)(1) of this section or as required by than 18 inches wide. Where persons en-
the conditions. tering upon runways become thereby
(3) Every window wall opening at a exposed to machinery, electrical equip-
stairway landing, floor, platform, or ment, or other danger not a falling haz-
balcony, from which there is a drop of ard, additional guarding than is here
more than 4 feet, and where the bottom specified may be essential for protec-
of the opening is less than 3 feet above tion.
the platform or landing, shall be guard- (3) Regardless of height, open-sided
ed by standard slats, standard grill floors, walkways, platforms, or run-
work (as specified in paragraph (e)(11) ways above or adjacent to dangerous
of this section), or standard railing. equipment, pickling or galvanizing
Where the window opening is below the tanks, degreasing units, and similar
landing, or platform, a standard toe hazards shall be guarded with a stand-
board shall be provided. ard railing and toe board.
(4) Every temporary wall opening (d) Stairway railings and guards. (1)
shall have adequate guards but these Every flight of stairs having four or
need not be of standard construction. more risers shall be equipped with
(5) Where there is a hazard of mate- standard stair railings or standard
rials falling through a wall hole, and handrails as specified in paragraphs
the lower edge of the near side of the (d)(1) (i) through (v) of this section, the
hole is less than 4 inches above the width of the stair to be measured clear
floor, and the far side of the hole more of all obstructions except handrails:
than 5 feet above the next lower level, (i) On stairways less than 44 inches
the hole shall be protected by a stand- wide having both sides enclosed, at
ard toeboard, or an enclosing screen ei- least one handrail, preferably on the
ther of solid construction, or as speci- right side descending.
fied in paragraph (e)(11) of this section. (ii) On stairways less than 44 inches
(c) Protection of open-sided floors, plat- wide having one side open, at least one
forms, and runways. (1) Every open- stair railing on open side.
118
(iii) On stairways less than 44 inches lent bending strength with posts
wide having both sides open, one stair spaced not more than 8 feet on centers.
railing on each side. (iv) The anchoring of posts and fram-
(iv) On stairways more than 44 inches ing of members for railings of all types
wide but less than 88 inches wide, one shall be of such construction that the
handrail on each enclosed side and one completed structure shall be capable of
stair railing on each open side. withstanding a load of at least 200
(v) On stairways 88 or more inches pounds applied in any direction at any
wide, one handrail on each enclosed point on the top rail.
side, one stair railing on each open (v) Other types, sizes, and arrange-
side, and one intermediate stair railing ments of railing construction are ac-
located approximately midway of the ceptable provided they meet the fol-
width. lowing conditions:
(2) Winding stairs shall be equipped (a) A smooth-surfaced top rail at a
with a handrail offset to prevent walk- height above floor, platform, runway,
ing on all portions of the treads having or ramp level of 42 inches nominal;
width less than 6 inches. (b) A strength to withstand at least
(e) Railing, toe boards, and cover speci- the minimum requirement of 200
fications. (1) A standard railing shall pounds top rail pressure;
consist of top rail, intermediate rail, (c) Protection between top rail and
and posts, and shall have a vertical floor, platform, runway, ramp, or stair
height of 42 inches nominal from upper treads, equivalent at least to that af-
surface of top rail to floor, platform, forded by a standard intermediate rail;
runway, or ramp level. The top rail (4) A standard toeboard shall be 4
shall be smooth-surfaced throughout inches nominal in vertical height from
the length of the railing. The inter- its top edge to the level of the floor,
mediate rail shall be approximately platform, runway, or ramp. It shall be
halfway between the top rail and the securely fastened in place and with not
floor, platform, runway, or ramp. The more than 1⁄4-inch clearance above
ends of the rails shall not overhang the floor level. It may be made of any sub-
terminal posts except where such over- stantial material either solid or with
hang does not constitute a projection openings not over 1 inch in greatest di-
hazard. mension.
(2) A stair railing shall be of con- Where material is piled to such height
struction similar to a standard railing that a standard toeboard does not pro-
but the vertical height shall be not vide protection, paneling from floor to
more than 34 inches nor less than 30 intermediate rail, or to top rail shall
inches from upper surface of top rail to be provided.
surface of tread in line with face of (5)(i) A handrail shall consist of a
riser at forward edge of tread. lengthwise member mounted directly
(3) [Reserved] on a wall or partition by means of
(i) For wood railings, the posts shall brackets attached to the lower side of
be of at least 2-inch by 4-inch stock the handrail so as to offer no obstruc-
spaced not to exceed 6 feet; the top and tion to a smooth surface along the top
intermediate rails shall be of at least 2- and both sides of the handrail. The
inch by 4-inch stock. If top rail is made handrail shall be of rounded or other
of two right-angle pieces of 1-inch by 4- section that will furnish an adequate
inch stock, posts may be spaced on 8- handhold for anyone grasping it to
foot centers, with 2-inch by 4-inch in- avoid falling. The ends of the handrail
termediate rail. should be turned in to the supporting
(ii) For pipe railings, posts and top wall or otherwise arranged so as not to
and intermediate railings shall be at constitute a projection hazard.
least 11⁄2 inches nominal diameter with (ii) The height of handrails shall be
posts spaced not more than 8 feet on not more than 34 inches nor less than
centers. 30 inches from upper surface of hand-
(iii) For structural steel railings, rail to surface of tread in line with face
posts and top and intermediate rails of riser or to surface of ramp.
shall be of 2-inch by 2-inch by 3⁄8-inch (iii) The size of handrails shall be:
angles or other metal shapes of equiva- When of hardwood, at least 2 inches in
119
diameter; when of metal pipe, at least load of at least 200 pounds applied in
11⁄2 inches in diameter. The length of any direction (except upward) at any
brackets shall be such as will give a point on the top rail or corresponding
clearance between handrail and wall or member.
any projection thereon of at least 3 (10) Wall opening grab handles shall
inches. The spacing of brackets shall be not less than 12 inches in length and
not exceed 8 feet. shall be so mounted as to give 3 inches
(iv) The mounting of handrails shall clearance from the side framing of the
be such that the completed structure is wall opening. The size, material, and
capable of withstanding a load of at anchoring of the grab handle shall be
least 200 pounds applied in any direc- such that the completed structure is
tion at any point on the rail. capable of withstanding a load of at
(6) All handrails and railings shall be least 200 pounds applied in any direc-
provided with a clearance of not less tion at any point of the handle.
than 3 inches between the handrail or (11) Wall opening screens shall be of
railing and any other object. such construction and mounting that
(7) Floor opening covers may be of they are capable of withstanding a load
any material that meets the following of at least 200 pounds applied hori-
strength requirements: zontally at any point on the near side
(i) Trench or conduit covers and their of the screen. They may be of solid con-
supports, when located in plant road- struction, of grillwork with openings
ways, shall be designed to carry a not more than 8 inches long, or of
truck rear-axle load of at least 20,000 slatwork with openings not more than
pounds. 4 inches wide with length unrestricted.
(ii) Manhole covers and their sup- [39 FR 23502, June 27, 1974, as amended at 43
ports, when located in plant roadways, FR 49744, Oct. 24, 1978; 49 FR 5321, Feb. 10,
shall comply with local standard high- 1984]
way requirements if any; otherwise,
they shall be designed to carry a truck § 1910.24 Fixed industrial stairs.
rear-axle load of at least 20,000 pounds. (a) Application of requirements. This
(iii) The construction of floor open- section contains specifications for the
ing covers may be of any material that safe design and construction of fixed
meets the strength requirements. Cov- general industrial stairs. This classi-
ers projecting not more than 1 inch fication includes interior and exterior
above the floor level may be used pro- stairs around machinery, tanks, and
viding all edges are chamfered to an other equipment, and stairs leading to
angle with the horizontal of not over 30 or from floors, platforms, or pits. This
degrees. All hinges, handles, bolts, or section does not apply to stairs used
other parts shall set flush with the for fire exit purposes, to construction
floor or cover surface. operations to private residences, or to
(8) Skylight screens shall be of such articulated stairs, such as may be in-
construction and mounting that they stalled on floating roof tanks or on
are capable of withstanding a load of at dock facilities, the angle of which
least 200 pounds applied perpendicu- changes with the rise and fall of the
larly at any one area on the screen. base support.
They shall also be of such construction (b) Where fixed stairs are required.
and mounting that under ordinary Fixed stairs shall be provided for ac-
loads or impacts, they will not deflect cess from one structure level to an-
downward sufficiently to break the other where operations necessitate reg-
glass below them. The construction ular travel between levels, and for ac-
shall be of grillwork with openings not cess to operating platforms at any
more than 4 inches long or of slatwork equipment which requires attention
with openings not more than 2 inches routinely during operations. Fixed
wide with length unrestricted. stairs shall also be provided where ac-
(9) Wall opening barriers (rails, roll- cess to elevations is daily or at each
ers, picket fences, and half doors) shall shift for such purposes as gauging, in-
be of such construction and mounting spection, regular maintenance, etc.,
that, when in place at the opening, the where such work may expose employ-
barrier is capable of withstanding a ees to acids, caustics, gases, or other
120
harmful substances, or for which pur- ceptable providing the leading edge can
poses the carrying of tools or equip- be readily identified by personnel de-
ment by hand is normally required. (It scending the stairway and provided the
is not the intent of this section to pre- tread is serrated or is of definite non-
clude the use of fixed ladders for access slip design. Rise height and tread width
to elevated tanks, towers, and similar shall be uniform throughout any flight
structures, overhead traveling cranes, of stairs including any foundation
etc., where the use of fixed ladders is structure used as one or more treads of
common practice.) Spiral stairways the stairs.
shall not be permitted except for spe- (g) Stairway platforms. Stairway plat-
cial limited usage and secondary access forms shall be no less than the width of
situations where it is not practical to a stairway and a minimum of 30 inches
provide a conventional stairway. Wind- in length measured in the direction of
ing stairways may be installed on travel.
tanks and similar round structures (h) Railings and handrails. Standard
where the diameter of the structure is railings shall be provided on the open
not less than five (5) feet. sides of all exposed stairways and stair
(c) Stair strength. Fixed stairways platforms. Handrails shall be provided
shall be designed and constructed to on at least one side of closed stairways
carry a load of five times the normal preferably on the right side descending.
live load anticipated but never of less Stair railings and handrails shall be in-
strength than to carry safely a moving stalled in accordance with the provi-
concentrated load of 1,000 pounds. sions of § 1910.23.
(d) Stair width. Fixed stairways shall (i) Vertical clearance. Vertical clear-
have a minimum width of 22 inches. ance above any stair tread to an over-
(e) Angle of stairway rise. Fixed stairs head obstruction shall be at least 7 feet
shall be installed at angles to the hori- measured from the leading edge of the
zontal of between 30° and 50°. Any uni- tread.
form combination of rise/tread dimen-
sions may be used that will result in a [39 FR 23502, June 27, 1974, as amended at 43
stairway at an angle to the horizontal FR 49744, Oct. 24, 1978; 49 FR 5321, Feb. 10,
1984]
within the permissible range. Table D–
1 gives rise/tread dimensions which will § 1910.25 Portable wood ladders.
produce a stairway within the permis-
sible range, stating the angle to the (a) Application of requirements. This
horizontal produced by each combina- section is intended to prescribe rules
tion. However, the rise/tread combina- and establish minimum requirements
tions are not limited to those given in for the construction, care, and use of
Table D–1. the common types of portable wood
ladders, in order to insure safety under
TABLE D–1 normal conditions of usage. Other
types of special ladders, fruitpicker’s
Tread
Rise (in ladders, combination step and exten-
Angle to horizontal run (in
inches) inches) sion ladders, stockroom step ladders,
30°35′ .................................................... 61⁄2 11 aisle-way step ladders, shelf ladders,
32°08′ .................................................... 63⁄4 103⁄4 and library ladders are not specifically
33°41′ .................................................... 7 101⁄2 covered by this section.
35°16′ .................................................... 71⁄4 101⁄4
36°52′ .................................................... 71⁄2 10 (b) Materials—(1) Requirements appli-
38°29′ .................................................... 73⁄4 93⁄4 cable to all wood parts. (i) All wood
40°08′ .................................................... 8 91⁄2 parts shall be free from sharp edges and
41°44′ .................................................... 81⁄4 91⁄4
43°22′ .................................................... 81⁄2 9 splinters; sound and free from accepted
45°00′ .................................................... 83⁄4 83⁄4 visual inspection from shake, wane,
46°38′ .................................................... 9 8 ⁄2
1
compression failures, decay, or other
48°16′ .................................................... 91⁄4 81⁄4
49°54′ .................................................... 91⁄2 8 irregularities. Low density wood shall
not be used.
(f) Stair treads. All treads shall be rea- (ii) [Reserved]
sonably slip-resistant and the nosings (2) [Reserved]
shall be of nonslip finish. Welded bar (c) Construction requirements.
grating treads without nosings are ac- (1) [Reserved]
121
(2) Portable stepladders. Stepladders tle ladders longer than 20 feet shall not
longer than 20 feet shall not be sup- be supplied.
plied. Stepladders as hereinafter speci- (b) [Reserved]
fied shall be of three types: (4) Special-purpose ladders.
Type I—Industrial stepladder, 3 to 20 feet for
(i) [Reserved]
heavy duty, such as utilities, contractors, (ii) Painter’s stepladder. (a) Painter’s
and industrial use. stepladders longer than 12 feet shall
Type II—Commercial stepladder, 3 to 12 feet not be supplied.
for medium duty, such as painters, offices, (b) [Reserved]
and light industrial use. (iii) Mason’s ladder. A mason’s ladder
Type III—Household stepladder, 3 to 6 feet is a special type of single ladder in-
for light duty, such as light household use. tended for use in heavy construction
(i) General requirements. work.
(a) [Reserved] (a) Mason’s ladders longer than 40
(b) A uniform step spacing shall be feet shall not be supplied.
employed which shall be not more than (b) [Reserved]
12 inches. Steps shall be parallel and (5) Trolley and side-rolling ladders—(i)
level when the ladder is in position for Length. Trolley ladders and side-rolling
use. ladders longer than 20 feet should not
(c) The minimum width between side be supplied.
rails at the top, inside to inside, shall (ii) [Reserved]
be not less than 111⁄2 inches. From top (d) Care and use of ladders—(1) Care.
to bottom, the side rails shall spread at To insure safety and serviceability the
least 1 inch for each foot of length of following precautions on the care of
stepladder. ladders shall be observed:
(d)–(e) [Reserved] (i) Ladders shall be maintained in
(f) A metal spreader or locking device good condition at all times, the joint
of sufficient size and strength to se- between the steps and side rails shall
curely hold the front and back sections be tight, all hardware and fittings se-
in open positions shall be a component curely attached, and the movable parts
of each stepladder. The spreader shall shall operate freely without binding or
have all sharp points covered or re- undue play.
moved to protect the user. For Type III (ii) Metal bearings of locks, wheels,
ladder, the pail shelf and spreader may pulleys, etc., shall be frequently lubri-
be combined in one unit (the so-called cated.
shelf-lock ladder). (iii) Frayed or badly worn rope shall
(3) Portable rung ladders. be replaced.
(i) [Reserved] (iv) Safety feet and other auxiliary
(ii) Single ladder. (a) Single ladders equipment shall be kept in good condi-
longer than 30 feet shall not be sup- tion to insure proper performance.
plied. (v)–(ix) [Reserved]
(b) [Reserved] (x) Ladders shall be inspected fre-
(iii) Two-section ladder. (a) Two-sec- quently and those which have devel-
tion extension ladders longer than 60 oped defects shall be withdrawn from
feet shall not be supplied. All ladders of service for repair or destruction and
this type shall consist of two sections, tagged or marked as ‘‘Dangerous, Do
one to fit within the side rails of the Not Use.’’
other, and arranged in such a manner (xi) Rungs should be kept free of
that the upper section can be raised grease and oil.
and lowered. (2) Use. The following safety pre-
(b) [Reserved] cautions shall be observed in connec-
(iv) Sectional ladder. (a) Assembled tion with the use of ladders:
combinations of sectional ladders (i) Portable rung and cleat ladders
longer than lengths specified in this shall, where possible, be used at such a
subdivision shall not be used. pitch that the horizontal distance from
(b) [Reserved] the top support to the foot of the lad-
(v) Trestle and extension trestle ladder. der is one-quarter of the working
(a) Trestle ladders, or extension sec- length of the ladder (the length along
tions or base sections of extension tres- the ladder between the foot and the top
122
support). The ladder shall be so placed the point of support, at eave, gutter, or
as to prevent slipping, or it shall be roofline;
lashed, or held in position. Ladders (xvi) [Reserved]
shall not be used in a horizontal posi- (xvii) Middle and top sections of sec-
tion as platforms, runways, or scaf- tional or window cleaner’s ladders
folds; should not be used for bottom section
(ii) Ladders for which dimensions are unless the user equips them with safety
specified should not be used by more shoes;
than one man at a time nor with ladder (xviii) [Reserved]
jacks and scaffold planks where use by (xix) The user should equip all port-
more than one man is anticipated. In able rung ladders with nonslip bases
such cases, specially designed ladders when there is a hazard of slipping. Non-
with larger dimensions of the parts slip bases are not intended as a sub-
should be procured; stitute for care in safely placing, lash-
(iii) Portable ladders shall be so ing, or holding a ladder that is being
placed that the side rails have a secure used upon oily, metal, concrete, or slip-
footing. The top rest for portable rung pery surfaces;
and cleat ladders shall be reasonably (xx) The bracing on the back legs of
rigid and shall have ample strength to step ladders is designed solely for in-
support the applied load; creasing stability and not for climbing.
(iv) Ladders shall not be placed in
front of doors opening toward the lad- [39 FR 23502, June 27, 1974, as amended at 43
der unless the door is blocked upon, FR 49744, Oct. 24, 1978; 49 FR 5321, Feb. 10,
1984]
locked, or guarded;
(v) Ladders shall not be placed on § 1910.26 Portable metal ladders.
boxes, barrels, or other unstable bases
to obtain additional height; (a) Requirements—(1) General. Specific
(vi)–(vii) [Reserved] design and construction requirements
(viii) Ladders with broken or missing are not part of this section because of
steps, rungs, or cleats, broken side the wide variety of metals and design
rails, or other faulty equipment shall possibilities. However, the design shall
not be used; improvised repairs shall be such as to produce a ladder without
not be made; structural defects or accident hazards
(ix) Short ladders shall not be spliced such as sharp edges, burrs, etc. The
together to provide long sections; metal selected shall be of sufficient
(x) Ladders made by fastening cleats strength to meet the test require-
across a single rail shall not be used; ments, and shall be protected against
(xi) Ladders shall not be used as corrosion unless inherently corrosion-
guys, braces, or skids, or for other than resistant.
their intended purposes; (i)–(ii) [Reserved]
(xii) Tops of the ordinary types of (iii) The spacing of rungs or steps
stepladders shall not be used as steps; shall be on 12-inch centers.
(xiii) On two-section extension lad- (iv) [Reserved]
ders the minimum overlap for the two (v) Rungs and steps shall be cor-
sections in use shall be as follows: rugated, knurled, dimpled, coated with
skid-resistant material, or otherwise
Overlap
Size of ladder (feet) treated to minimize the possibility of
(feet)
slipping.
Up to and including 36 ........................................ 3
Over 36 up to and including 48 ........................... 4
(2) General specifications—straight and
Over 48 up to and including 60 ........................... 5 extension ladders. (i) The minimum
width between side rails of a straight
(xiv) Portable rung ladders with rein- ladder or any section of an extension
forced rails (see paragraphs (c)(3) (ii)(c) ladder shall be 12 inches.
and (iii)(d) this section) shall be used (ii) The length of single ladders or in-
only with the metal reinforcement on dividual sections of ladders shall not
the under side; exceed 30 feet. Two-section ladders
(xv) No ladder should be used to gain shall not exceed 48 feet in length and
access to a roof unless the top of the over two-section ladders shall not ex-
ladder shall extend at least 3 feet above ceed 60 feet in length.
123
(iii) Based on the nominal length of The following rules and regulations
the ladder, each section of a multisec- are essential to the life of the equip-
tion ladder shall overlap the adjacent ment and the safety of the user.
section by at least the number of feet (2) Care of ladders.
stated in the following: (i)–(iii) [Reserved]
Overlap (iv) Ladders must be maintained in
Normal length of ladder (feet) (feet) good usable condition at all times.
Up to and including 36 ........................................ 3
(v) [Reserved]
Over 36, up to and including 48 .......................... 4 (vi) If a ladder is involved in any of
Over 48, up to 60 ................................................ 5 the following, immediate inspection is
necessary:
(iv) Extension ladders shall be (a) If ladders tip over, inspect ladder
equipped with positive stops which will for side rails dents or bends, or exces-
insure the overlap specified in the sively dented rungs; check all rung-to-
table above.
side-rail connections; check hardware
(3) General specifications—step ladders.
connections; check rivets for shear.
(i)–(ii) [Reserved]
(b)–(c) [Reserved]
(iii) The length of a stepladder is
(d) If ladders are exposed to oil and
measured by the length of the front
rail. To be classified as a standard grease, equipment should be cleaned of
length ladder, the measured length oil, grease, or slippery materials. This
shall be within plus or minus one-half can easily be done with a solvent or
inch of the specified length. Step- steam cleaning.
ladders shall not exceed 20 feet in (vii) Ladders having defects are to be
length. marked and taken out of service until
(iv)–(vi) [Reserved] repaired by either maintenance depart-
(vii) The bottoms of the four rails are ment or the manufacturer.
to be supplied with insulating nonslip (3) Use of ladders. (i). A simple rule
material for the safety of the user. for setting up a ladder at the proper
(viii) A metal spreader or locking de- angle is to place the base a distance
vice of sufficient size and strength to from the vertical wall equal to one-
securely hold the front and back sec- fourth the working length of the lad-
tions in the open position shall be a der.
component of each stepladder. The (ii) Portable ladders are designed as a
spreader shall have all sharp points or one-man working ladder based on a 200-
edges covered or removed to protect pound load.
the user. (iii) The ladder base section must be
(4) General specifications—trestles and placed with a secure footing.
extension trestle ladders. (i) Trestle lad-
(iv) The top of the ladder must be
ders or extension sections or base sec-
placed with the two rails supported,
tions of extension trestle ladders shall
be not more than 20 feet in length. unless equipped with a single support
(ii) [Reserved] attachment.
(5) General specifications—platform lad- (v) When ascending or descending,
ders. (i) The length of a platform ladder the climber must face the ladder.
shall not exceed 20 feet. The length of (vi) Ladders must not be tied or fas-
a platform ladder shall be measured tened together to provide longer sec-
along the front rail from the floor to tions. They must be equipped with the
the platform. hardware fittings necessary if the man-
(ii) [Reserved] ufacturer endorses extended uses.
(b) [Reserved] (vii) Ladders should not be used as a
(c) Care and maintenance of ladders— brace, skid, guy or gin pole, gangway,
(1) General. To get maximum service- or for other uses than that for which
ability, safety, and to eliminate unnec- they were intended, unless specifically
essary damage of equipment, good safe recommended for use by the manufac-
practices in the use and care of ladder turer.
equipment must be employed by the
users.
124
(viii) See § 1910.333(c) for work prac- (v) The rungs of an individual-rung
tices to be used when work is per- ladder shall be so designed that the
formed on or near electric circuits. foot cannot slide off the end. A sug-
gested design is shown in figure D–1.
FR 49745, Oct. 24, 1978; 49 FR 5321, Feb. 10,
1984; 55 FR 32014, Aug. 6, 1990]
§ 1910.27 Fixed ladders.

(a) Design requirements—(1) Design
considerations. All ladders, appur-
tenances, and fastenings shall be de-
signed to meet the following load re-
quirements:
(i) The minimum design live load
shall be a single concentrated load of
200 pounds.
(ii) The number and position of addi-
tional concentrated live-load units of
200 pounds each as determined from an-
ticipated usage of the ladder shall be
considered in the design.
(iii) The live loads imposed by per-
sons occupying the ladder shall be con- FIGURE D–1—SUGGESTED DESIGN FOR RUNGS
sidered to be concentrated at such ON INDIVIDUAL-RUNG LADDERS.
points as will cause the maximum (2) Side rails. Side rails which might
stress in the structural member being be used as a climbing aid shall be of
considered. such cross sections as to afford ade-
(iv) The weight of the ladder and at- quate gripping surface without sharp
tached appurtenances together with edges, splinters, or burrs.
the live load shall be considered in the (3) Fastenings. Fastenings shall be an
design of rails and fastenings. integral part of fixed ladder design.
(2) Design stresses. Design stresses for (4) Splices. All splices made by what-
wood components of ladders shall not ever means shall meet design require-
exceed those specified in § 1910.25. All ments as noted in paragraph (a) of this
wood parts of fixed ladders shall meet section. All splices and connections
the requirements of § 1910.25(b). shall have smooth transition with
For fixed ladders consisting of wood original members and with no sharp or
side rails and wood rungs or cleats, extensive projections.
used at a pitch in the range 75 degrees (5) Electrolytic action. Adequate means
to 90 degrees, and intended for use by shall be employed to protect dissimilar
no more than one person per section, metals from electrolytic action when
single ladders as described in such metals are joined.
§ 1910.25(c)(3)(ii) are acceptable. (6) Welding. All welding shall be in
(b) Specific features—(1) Rungs and accordance with the ‘‘Code for Welding
cleats. (i) All rungs shall have a min- in Building Construction’’ (AWSD1.0–
imum diameter of three-fourths inch 1966).
for metal ladders, except as covered in (7) Protection from deterioration. (i)
paragraph (b)(7)(i) of this section and a Metal ladders and appurtenances shall
minimum diameter of 11⁄8 inches for be painted or otherwise treated to re-
wood ladders. sist corrosion and rusting when loca-
(ii) The distance between rungs, tion demands. Ladders formed by indi-
cleats, and steps shall not exceed 12 vidual metal rungs imbedded in con-
inches and shall be uniform throughout crete, which serve as access to pits and
the length of the ladder. to other areas under floors, are fre-
(iii) The minimum clear length of quently located in an atmosphere that
rungs or cleats shall be 16 inches. causes corrosion and rusting. To in-
(iv) Rungs, cleats, and steps shall be crease rung life in such atmosphere, in-
free of splinters, sharp edges, burrs, or dividual metal rungs shall have a min-
projections which may be a hazard. imum diameter of 1 inch or shall be
125
EC27OC91.001
painted or otherwise treated to resist space, except when cages or wells are
corrosion and rusting. necessary.
(ii) Wood ladders, when used under (3) Ladders with cages or baskets. Lad-
conditions where decay may occur, ders equipped with cage or basket are
shall be treated with a nonirritating excepted from the provisions of sub-
preservative, and the details shall be paragraphs (1) and (2) of this para-
such as to prevent or minimize the ac- graph, but shall conform to the provi-
cumulation of water on wood parts. sions of paragraph (d)(1)(v) of this sec-
(iii) When different types of mate- tion. Fixed ladders in smooth-walled
rials are used in the construction of a wells are excepted from the provisions
ladder, the materials used shall be so of subparagraph (1) of this paragraph,
treated as to have no deleterious effect but shall conform to the provisions of
one upon the other. paragraph (d)(1)(vi) of this section.
(4) Clearance in back of ladder. The
distance from the centerline of rungs,
cleats, or steps to the nearest perma-
nent object in back of the ladder shall
be not less than 7 inches, except that
when unavoidable obstructions are en-
countered, minimum clearances as
shown in figure D–3 shall be provided.
MINIMUM LADDER CLEARANCES
FIGURE D–2—RAIL LADDER WITH BAR STEEL

RAILS AND ROUND STEEL RUNGS
(c) Clearance—(1) Climbing side. On
fixed ladders, the perpendicular dis-
tance from the centerline of the rungs
to the nearest permanent object on the FIGURE D–3—CLEARANCE FOR UNAVOIDABLE
climbing side of the ladder shall be 36 OBSTRUCTION AT REAR OF FIXED LADDER
inches for a pitch of 76 degrees, and 30 (5) Clearance in back of grab bar. The
inches for a pitch of 90 degrees (fig. D– distance from the centerline of the
2 of this section), with minimum clear- grab bar to the nearest permanent ob-
ances for intermediate pitches varying ject in back of the grab bars shall be
between these two limits in proportion not less than 4 inches. Grab bars shall
to the slope, except as provided in sub- not protrude on the climbing side be-
paragraphs (3) and (5) of this para- yond the rungs of the ladder which
graph. they serve.
(2) Ladders without cages or wells. A (6) Step-across distance. The step-
clear width of at least 15 inches shall across distance from the nearest edge
be provided each way from the center- of ladder to the nearest edge of equip-
line of the ladder in the climbing ment or structure shall be not more
EC27OC91.003
126
EC27OC91.002
than 12 inches, or less than 21⁄2 inches

(fig. D–4).
FIGURE D–5—DEFLECTOR PLATES FOR HEAD

HAZARDS
FIGURE D–4—LADDER FAR FROM WALL

(7) Hatch cover. Counterweighted
hatch covers shall open a minimum of
60 degrees from the horizontal. The dis-
tance from the centerline of rungs or FIGURE D–6—RELATIONSHIP OF FIXED LADDER
cleats to the edge of the hatch opening TO A SAFE ACCESS HATCH
on the climbing side shall be not less (iii) Cages shall extend a minimum of
than 24 inches for offset wells or 30 42 inches above the top of landing, un-
inches for straight wells. There shall be less other acceptable protection is pro-
not protruding potential hazards with- vided.
in 24 inches of the centerline of rungs (iv) Cages shall extend down the lad-
or cleats; any such hazards within 30 der to a point not less than 7 feet nor
inches of the centerline of the rungs or more than 8 feet above the base of the
cleats shall be fitted with deflector ladder, with bottom flared not less
plates placed at an angle of 60 degrees than 4 inches, or portion of cage oppo-
from the horizontal as indicated in fig- site ladder shall be carried to the base.
ure D–5. The relationship of a fixed lad- (v) Cages shall not extend less than
der to an acceptable counterweighted 27 nor more than 28 inches from the
hatch cover is illustrated in figure D–6. centerline of the rungs of the ladder.
(d) Special requirements—(1) Cages or Cage shall not be less than 27 inches in
wells. (i) Cages or wells (except on width. The inside shall be clear of pro-
chimney ladders) shall be built, as jections. Vertical bars shall be located
shown on the applicable drawings, cov- at a maximum spacing of 40 degrees
ered in detail in figures D–7, D–8, and around the circumference of the cage;
D–9, or of equivalent construction. this will give a maximum spacing of
(ii) Cages or wells (except as provided approximately 91⁄2 inches, center to
in subparagraph (5) of this paragraph) center.
conforming to the dimensions shown in (vi) Ladder wells shall have a clear
EC27OC91.006
figures D–7, D–8, and D–9 shall be pro- width of at least 15 inches measured
vided on ladders of more than 20 feet to each way from the centerline of the
a maximum unbroken length of 30 feet. ladder. Smooth-walled wells shall be a

EC27OC91.005
127
EC27OC91.004
minimum of 27 inches from the center-

line of rungs to the well wall on the
climbing side of the ladder. Where
other obstructions on the climbing side
of the ladder exist, there shall be a
minimum of 30 inches from the center-
line of the rungs.
FIGURE D–7—CAGES FOR LADDERS MORE THAN

20 FEET HIGH
FIGURE D–8—CLEARANCE DIAGRAM FOR FIXED LADDER IN WELL

EC27OC91.008
128
EC27OC91.007
(3) Ladder extensions. The side rails of

through or side-step ladder extensions
shall extend 31⁄2 feet above parapets and
landings. For through ladder exten-
sions, the rungs shall be omitted from
the extension and shall have not less
than 18 nor more than 24 inches clear-
ance between rails. For side-step or off-
set fixed ladder sections, at landings,
the side rails and rungs shall be carried
to the next regular rung beyond or
above the 31⁄2 feet minimum (fig. D–10).
FIGURE D–9—CAGES—SPECIAL APPLICATIONS.

(2) Landing platforms. When ladders
are used to ascend to heights exceeding
20 feet (except on chimneys), landing
platforms shall be provided for each 30
feet of height or fraction thereof, ex-
cept that, where no cage, well, or lad-
der safety device is provided, landing
platforms shall be provided for each 20
feet of height or fraction thereof. Each
ladder section shall be offset from adja-
cent sections. Where installation con-
ditions (even for a short, unbroken
length) require that adjacent sections
be offset, landing platforms shall be
provided at each offset.
(i) Where a man has to step a dis-
tance greater than 12 inches from the
centerline of the rung of a ladder to the
nearest edge of structure or equipment,
a landing platform shall be provided. FIGURE D–10—OFFSET FIXED LADDER
The minimum step-across distance SECTIONS
shall be 21⁄2 inches. (4) Grab bars. Grab bars shall be
(ii) All landing platforms shall be spaced by a continuation of the rung
equipped with standard railings and spacing when they are located in the
toeboards, so arranged as to give safe horizontal position. Vertical grab bars
access to the ladder. Platforms shall be shall have the same spacing as the lad-
not less than 24 inches in width and 30 der side rails. Grab-bar diameters shall
inches in length. be the equivalent of the round-rung di-
(iii) One rung of any section of ladder ameters.
shall be located at the level of the (5) Ladder safety devices. Ladder safe-
landing laterally served by the ladder. ty devices may be used on tower, water
Where access to the landing is through tank, and chimney ladders over 20 feet
the ladder, the same rung spacing as in unbroken length in lieu of cage pro-
used on the ladder shall be used from tection. No landing platform is re-
the landing platform to the first rung quired in these cases. All ladder safety
below the landing. devices such as those that incorporate

EC27OC91.010
129
EC27OC91.009
lifebelts, friction brakes, and sliding § 1910.28 Safety requirements for scaf-
attachments shall meet the design re- folding.
quirements of the ladders which they (a) General requirements for all scaf-
serve. folds. (1) Scaffolds shall be furnished
(e) Pitch—(1) Preferred pitch. The pre- and erected in accordance with this
ferred pitch of fixed ladders shall be standard for persons engaged in work
considered to come in the range of 75 that cannot be done safely from the
degrees and 90 degrees with the hori- ground or from solid construction, ex-
zontal (fig. D–11). cept that ladders used for such work
shall conform to § 1910.25 and § 1910.26.
(2) The footing or anchorage for scaf-
folds shall be sound, rigid, and capable
of carrying the maximum intended
load without settling or displacement.
Unstable objects such as barrels, boxes,
loose brick, or concrete blocks shall
not be used to support scaffolds or
planks.
(3) [Reserved]
(4) Scaffolds and their components
shall be capable of supporting without
failure at least four times the max-
imum intended load.
(5) Scaffolds and other devices men-
tioned or described in this section shall
be maintained in safe condition. Scaf-
folds shall not be altered or moved
horizontally while they are in use or
occupied.
(6) Any scaffold damaged or weak-
ened from any cause shall be imme-
diately repaired and shall not be used
FIGURE D–11—PITCH OF FIXED LADDERS until repairs have been completed.
(2) Substandard pitch. Fixed ladders (7) Scaffolds shall not be loaded in
shall be considered as substandard if excess of the working load for which
they are installed within the sub- they are intended.
standard pitch range of 60 and 75 de- (8) All load-carrying timber members
grees with the horizontal. Substandard of scaffold framing shall be a minimum
fixed ladders are permitted only where of 1,500 f. (Stress Grade) construction
it is found necessary to meet condi- grade lumber. All dimensions are nomi-
tions of installation. This substandard nal sizes as provided in the American
pitch range shall be considered as a Lumber Standards, except that where
critical range to be avoided, if possible. rough sizes are noted, only rough or
(3) Scope of coverage in this section. undressed lumber of the size specified
will satisfy minimum requirements.
This section covers only fixed ladders
(NOTE: Where nominal sizes of lumber
within the pitch range of 60 degrees
are used in place of rough sizes, the
and 90 degrees with the horizontal.
nominal size lumber shall be such as to
(4) Pitch greater than 90 degrees. Lad- provide equivalent strength to that
ders having a pitch in excess of 90 de- specified in tables D–7 through D–12
grees with the horizontal are prohib- and D–16.)
ited. (9) All planking shall be Scaffold
(f) Maintenance. All ladders shall be Grade as recognized by grading rules
maintained in a safe condition. All lad- for the species of wood used. The max-
ders shall be inspected regularly, with imum permissible spans for 2- × 9-inch
the intervals between inspections being or wider planks are shown in the fol-
determined by use and exposure. lowing table:
130
EC27OC91.011
Material involving the use of corrosive sub-

Nominal
stances or chemicals.
Full thickness un- (22) Wire or fiber rope used for scaf-
thickness
dressed lumber lumber fold suspension shall be capable of sup-
porting at least six times the intended
load.
Working load
(p.s.f.) ............... 25 50 75 25 50
(23) When acid solutions are used for
Permissible span cleaning buildings over 50 feet in
(ft.) ................... 10 8 6 8 9 height, wire rope supported scaffolds
shall be used.
The maximum permissible span for (24) The use of shore scaffolds or
11⁄4×9-inch or wider plank of full thick- lean-to scaffolds is prohibited.
ness is 4 feet with medium loading of 50 (25) Lumber sizes, when used in this
p.s.f. section, refer to nominal sizes except
(10) Nails or bolts used in the con- where otherwise stated.
struction of scaffolds shall be of ade- (26) Scaffolds shall be secured to per-
quate size and in sufficient numbers at manent structures, through use of an-
each connection to develop the de- chor bolts, reveal bolts, or other equiv-
signed strength of the scaffold. Nails alent means. Window cleaners’ anchor
shall not be subjected to a straight pull bolts shall not be used.
and shall be driven full length. (27) Special precautions shall be
(11) All planking or platforms shall taken to protect scaffold members, in-
be overlapped (minimum 12 inches) or cluding any wire or fiber ropes, when
secured from movement. using a heat-producing process.
(12) An access ladder or equivalent (b) General requirements for wood pole
safe access shall be provided. scaffolds. (1) Scaffold poles shall bear
(13) Scaffold planks shall extend over on a foundation of sufficient size and
their end supports not less than 6 strength to spread the load from the
inches nor more than 18 inches. poles over a sufficient area to prevent
settlement. All poles shall be set
(14) The poles, legs, or uprights of
plumb.
scaffolds shall be plumb, and securely
(2) Where wood poles are spliced, the
and rigidly braced to prevent swaying
ends shall be squared and the upper
and displacement.
section shall rest squarely on the lower
(15) Materials being hoisted onto a section. Wood splice plates shall be
scaffold shall have a tag line. provided on at least two adjacent sides
(16) Overhead protection shall be pro- and shall not be less than 4 feet 0
vided for men on a scaffold exposed to inches in length, overlapping the abut-
overhead hazards. ted ends equally, and have the same
(17) Scaffolds shall be provided with a width and not less than the cross-sec-
screen between the toeboard and the tional area of the pole. Splice plates of
guardrail, extending along the entire other materials of equivalent strength
opening, consisting of No. 18 gauge U.S. may be used.
Standard Wire one-half-inch mesh or (3) Independent pole scaffolds shall be
the equivalent, where persons are reset as near to the wall of the building
quired to work or pass under the scaf- as practicable.
folds. (4) All pole scaffolds shall be securely
(18) Employees shall not work on guyed or tied to the building or struc-
scaffolds during storms or high winds. ture. Where the height or length ex-
(19) Employees shall not work on ceeds 25 feet, the scaffold shall be se-
scaffolds which are covered with ice or cured at intervals not greater than 25
snow, unless all ice or snow is removed feet vertically and horizontally.
and planking sanded to prevent slip- (5) Putlogs or bearers shall be set
ping. with their greater dimensions vertical,
(20) Tools, materials, and debris shall long enough to project over the ledgers
not be allowed to accumulate in quan- of the inner and outer rows of poles at
tities to cause a hazard. least 3 inches for proper support.
(21) Only treated or protected fiber (6) Every wooden putlog on single
rope shall be used for or near any work pole scaffolds shall be reinforced with a
131
⁄ ×2-inch steel strip or equivalent se-

3 16 prevent tipping. The planks that meet
cured to its lower edge throughout its the corner putlog at an angle shall be
entire length. laid first, extending over the diago-
(7) Ledgers shall be long enough to nally placed putlog far enough to have
extend over two pole spaces. Ledgers a good safe bearing, but not far enough
shall not be spliced between the poles. to involve any danger from tipping.
Ledgers shall be reinforced by bearing The planking running in the opposite
blocks securely nailed to the side of direction at right angles shall be laid
the pole to form a support for the ledg- so as to extend over and rest on the
er. first layer of planking.
(8) Diagonal bracing shall be provided (14) When moving platforms to the
to prevent the poles from moving in a next level, the old platform shall be
direction parallel with the wall of the left undisturbed until the new putlogs
building, or from buckling. or bearers have been set in place, ready
(9) Cross bracing shall be provided be- to receive the platform planks.
tween the inner and outer sets of poles
(15) Guardrails not less than 2 × 4
in independent pole scaffolds. The free
inches or the equivalent and not less
ends of pole scaffolds shall be cross
than 36 inches or more than 42 inches
braced.
(10) Full diagonal face bracing shall high, with a mid-rail, when required, of
be erected across the entire face of pole 1 × 4-inch lumber or equivalent, and
scaffolds in both directions. The braces toeboards, shall be installed at all open
shall be spliced at the poles. sides on all scaffolds more than 10 feet
(11) Platform planks shall be laid above the ground or floor. Toeboards
with their edges close together so the shall be a minimum of 4 inches in
platform will be tight with no spaces height. Wire mesh shall be installed in
through which tools or fragments of accordance with paragraph (a)(17) of
material can fall. this section.
(12) Where planking is lapped, each (16) All wood pole scaffolds 60 feet or
plank shall lap its end supports at least less in height shall be constructed and
12 inches. Where the ends of planks erected in accordance with tables D–7
abut each other to form a flush floor, through D–12 of this section. If they are
the butt joint shall be at the centerline over 60 feet in height they shall be de-
of a pole. The abutted ends shall rest signed by a registered professional en-
on separate bearers. Intermediate gineer and constructed and erected in
beams shall be provided where nec- accordance with such design. A copy of
essary to prevent dislodgment of the typical drawings and specifications
planks due to deflection, and the ends shall be made available to the em-
shall be nailed or cleated to prevent ployer and for inspection purposes.
their dislodgment. (17) Wood-pole scaffolds shall not be
(13) When a scaffold turns a corner, erected beyond the reach of effective
the platform planks shall be laid to firefighting apparatus.
TABLE D–7—MINIMUM NOMINAL SIZE AND MAXIMUM SPACING OF MEMBERS OF SINGLE POLE
SCAFFOLDS—LIGHT DUTY
Maximum height of scaffold
20 feet 60 feet
Uniformly distributed load ................................................ Not to exceed 25 pounds per

square foot..
Poles or uprights .............................................................. 2 by 4 in ....................................... 4 by 4 in.
Pole spacing (longitudinal) ............................................... 6 ft. 0 in ........................................ 10 ft. 0 in.
Maximum width of scaffold .............................................. 5 ft. 0 in ........................................ 5 ft. 0 in.
Bearers or putlogs to 3 ft. 0 in. width .............................. 2 by 4 in ....................................... 2 by 4 in.
Bearers or putlogs to 5 ft. 0 in. width .............................. 2 by 6 in. or 3 by 4 in .................. 2 by 6 in. or 3 by 4 in.(rough).
Ledgers ............................................................................ 1 by 4 in ....................................... 11⁄4 by 9 in.
Planking ........................................................................... 11⁄4 by 9 in. (rough) ...................... 2 by 9 in.
Vertical spacing of horizontal members .......................... 7 ft. 0 in ........................................ 7 ft. 0 in.
Bracing, horizontal and diagonal ..................................... 1 by 4 in ....................................... 1 by 4 in.
Tie-ins .............................................................................. 1 by 4 in ....................................... 1 by 4 in.

Toeboards ........................................................................ 4 in. high (minimum) .................... 4 in. high (minimum).
132
TABLE D–7—MINIMUM NOMINAL SIZE AND MAXIMUM SPACING OF MEMBERS OF SINGLE POLE
SCAFFOLDS—LIGHT DUTY—Continued
20 feet 60 feet
Guardrail .......................................................................... 2 by 4 in ....................................... 2 by 4 in.

All members except planking are used on edge.
TABLE D–8—MINIMUM NOMINAL SIZE AND MAX- TABLE D–9—MINIMUM NOMINAL SIZE AND MAX-
IMUM SPACING OF MEMBERS OF SINGLE POLE IMUM SPACING OF MEMBERS OF SINGLE POLE
SCAFFOLDS—MEDIUM DUTY SCAFFOLDS—HEAVY DUTY
Uniformly distributed load ............. Not to exceed 50 pounds Uniformly distributed load ............. Not to exceed 75 pounds
per square foot. per square foot.
Maximum height of scaffold ......... 60 ft. Maximum height of scaffold ......... 60 ft.
Poles or uprights .......................... 4 by 4 in. Poles or uprights .......................... 4 by 4 in.
Pole spacing (longitudinal) ........... 8 ft. 0 in. Pole spacing (longitudinal) ........... 6 ft. 0 in.
Maximum width of scaffold ........... 5 ft. 0 in. Maximum width of scaffold ........... 5 ft. 0 in.
Bearers or putlogs ........................ 2 by 9 in. or 3 by 4 in. Bearers or putlogs ........................ 2 by 9 in. or 3 by 5 in.
Spacing of bearers or putlogs ...... 8 ft. 0 in. (rough).
Ledgers ......................................... 2 by 9 in. Spacing of bearers or putlogs ...... 6 ft. 0 in.
Vertical spacing of horizontal 9 ft. 0 in. Ledgers ......................................... 2 by 9 in.
members. Vertical spacing of horizontal 6 ft. 6 in.
Bracing, horizontal ........................ 1 by 6 in. or 11⁄4 by 4 in. members.
Bracing, diagonal .......................... 1 by 4 in. Bracing, horizontal and diagonal .. 2 by 4 in.
Tie-ins ........................................... 1 by 4 in. Tie-ins ........................................... 1 by 4 in.
Planking ........................................ 2 by 9 in. Planking ........................................ 2 by 9 in.
Toeboards ..................................... 4 in. high (minimum). Toeboards ..................................... 4 in. high (minimum).
Guardrail ....................................... 2 by 4 in. Guardrail ....................................... 2 by 4 in.
All members except planking are used on edge. All members except planking are used on edge.
TABLE D–10—MINIMUM NOMINAL SIZE AND MAXIMUM SPACING OF MEMBERS OF INDEPENDENT POLE
SCAFFOLDS—LIGHT DUTY
20 feet 60 feet
Uniformly distributed load ................................................ Not to exceed 25 pounds per

square foot..
Poles or uprights .............................................................. 2 by 4 in ....................................... 4 by 4 in.
Pole spacing (longitudinal) ............................................... 6 ft. 0 in ........................................ 10 ft. 0 in.
Pole spacing (transverse) ................................................ 6 ft. 0 in ........................................ 10 ft. 0 in.
Ledgers ............................................................................ 11⁄4 by 4 in ................................... 11⁄4 by 9 in.
Bearers to 3 ft. 0 in. span ................................................ 2 by 4 in ....................................... 2 by 4 in.
Bearers to 10 ft. 0 in. span .............................................. 2 by 6 in. or 3 by 4 in .................. 2 by 9 (rough) or 3 by 8 in.
Planking ........................................................................... 11⁄4 by 9 in ................................... 2 by 9 in.
Vertical spacing of horizontal members .......................... 7 ft. 0 in ........................................ 7 ft. 0 in.
Bracing, horizontal and diagonal ..................................... 1 by 4 in ....................................... 1 by 4 in.
Tie-ins .............................................................................. 1 by 4 in ....................................... 1 by 4 in.
Toeboards ........................................................................ 4 in. high ...................................... 4 in. high (minimum).
Guardrail .......................................................................... 2 by 4 in ....................................... 2 by 4 in.
TABLE D–11—MINIMUM NOMINAL SIZE AND TABLE D–11—MINIMUM NOMINAL SIZE AND
MAXIMUM SPACING OF MEMBERS OF INDE- MAXIMUM SPACING OF MEMBERS OF INDE-
PENDENT POLE SCAFFOLDS—MEDIUM DUTY PENDENT POLE SCAFFOLDS—MEDIUM DUTY—
Uniformly distributed load ............. Not to exceed 50 pounds
Continued
per square foot. Bracing, diagonal .......................... 1 by 4 in.
Maximum height of scaffold ......... 60 ft. Tie-ins ........................................... 1 by 4 in.
Poles or uprights .......................... 4 by 4 in.
Planking ........................................ 2 by 9 in.
Pole spacing (longitudinal) ........... 8 ft. 0 in.
Pole spacing (transverse) ............. 8 ft. 0 in. Toeboards ..................................... 4 in. high (minimum).
Ledgers ......................................... 2 by 9 in. Guardrail ....................................... 2 by 4 in.
Vertical spacing of horizontal 6 ft. 0 in. All members except planking are used on edge.
members.
Spacing of bearers ....................... 8 ft. 0 in.
Bearers ......................................... 2 by 9 in. (rough) or 2 by
10 in.
Bracing, horizontal ........................ 1 by 6 in. or 11⁄4 by 4 in.
133
TABLE D–12—MINIMUM NOMINAL SIZE AND (2) A medium-duty tube and coupler
MAXIMUM SPACING OF MEMBERS OF INDE- scaffold shall have all posts, runners,
PENDENT POLE SCAFFOLDS—HEAVY DUTY and bracing of nominal 2-inch O.D.
Uniformly distributed load ............. Not to exceed 75 pounds steel tubing. Posts spaced not more
per square foot. than 6 feet apart by 8 feet along the
Maximum height of scaffold ......... 60 ft. length of the scaffold shall have bear-
Poles or uprights .......................... 4 by 4 in.
Pole spacing (longitudinal) ........... 6 ft. 0 in. ers of nominal 21⁄2-inch O.D. steel tub-
Pole spacing (transverse) ............. 8 ft. 0 in. ing. Posts spaced not more than 5 feet
Ledgers ......................................... 2 by 9 in. apart by 8 feet along the length of the
Vertical spacing of horizontal 4 ft. 6 in.
members. scaffold shall have bearers of nominal
Bearers ......................................... 2 by 9 in. (rough). 2-inch O.D. steel tubing. Other struc-
Bracing, horizontal and diagonal .. 2 by 4 in.
Tie-ins ........................................... 1 by 4 in.
tural metals when used must be de-
Planking ........................................ 2 by 9 in. signed to carry an equivalent load.
Toeboards ..................................... 4 in. high (minimum). (3) A heavy-duty tube and coupler
Guardrail ....................................... 2 by 4 in.
scaffold shall have all posts, runners,
and bracing of nominal 2-inch O.D.
TABLE D–13—TUBE AND COUPLER steel tubing, with the posts spaced not
SCAFFOLDS—LIGHT DUTY more than 6 feet apart by 6 feet 6
inches along the length of the scaffold.
Uniformly distributed load ............. Not to exceed 25 p.s.f. Other structural metals when used
post spacing (longitudinal) ............ 10 ft. 0 in.
Post spacing (transverse) ............. 6 ft. 0 in. must be designed to carry an equiva-
lent load.
Working levels Additional planked Maximum height
(4) Tube and coupler scaffolds shall
levels be limited in heights and working lev-
1 8 125 ft. els to those permitted in tables D–13,
2 4 125 ft. 14, and 15, of this section. Drawings and
3 0 91 ft. 0 in.
specifications of all tube and coupler
scaffolds above the limitations in ta-
TABLE D–14—TUBE AND COUPLER bles D–13, 14, and 15 of this section
SCAFFOLDS—MEDIUM DUTY shall be designed by a registered pro-
Uniformly distributed load ............. Not to exceed 50 p.s.f. fessional engineer and copies made
Post spacing (longitudinal) ........... 8 ft. 0 in. available to the employer and for in-
Post spacing (transverse) ............. 6 ft. 0 in.
spection purposes.
Additional planked
(5) All tube and coupler scaffolds
Working levels Maximum height shall be constructed and erected to
levels
support four times the maximum in-
1 6 125 ft.
2 0 78 ft. 0 in. tended loads as set forth in tables D–13,
14, and 15 of this section, or as set forth
TABLE D–15—TUBE AND COUPLER in the specifications by a registered
SCAFFOLDS—HEAVY DUTY professional engineer, copies which
shall be made available to the em-
Uniformly distributed load ............. Not to exceed 75 p.s.f. ployer and for inspection purposes.
Post spacing (longitudinal) ........... 6 ft. 6 in.
Post spacing (transverse) ............. 6 ft. 0 in. (6) All tube and coupler scaffolds
shall be erected by competent and ex-
Working levels Additional planked Maximum height
perienced personnel.
levels (7) Posts shall be accurately spaced,
1 6 125 ft. erected on suitable bases, and main-
tained plumb.
(c) Tube and coupler scaffolds. (1) A (8) Runners shall be erected along the
light-duty tube and coupler scaffold length of the scaffold located on both
shall have all posts, bearers, runners, the inside and the outside posts at even
and bracing of nominal 2-inch O.D. height. Runners shall be interlocked to
steel tubing. The posts shall be spaced form continuous lengths and coupled to
no more than 6 feet apart by 10 feet each post. The bottom runners shall be
along the length of the scaffold. Other located as close to the base as possible.
structural metals when used must be Runners shall be placed not more than
designed to carry an equivalent load. 6 feet 6 inches on centers.
134
(9) Bearers shall be installed trans- (2) Spacing of panels or frames shall
versely between posts and shall be se- be consistent with the loads imposed.
curely coupled to the posts bearing on (3) Scaffolds shall be properly braced
the runner coupler. When coupled di- by cross bracing or diagonal braces, or
rectly to the runners, the coupler must both, for securing vertical members to-
be kept as close to the posts as pos- gether laterally, and the cross braces
sible. shall be of such length as will auto-
(10) Bearers shall be at least 4 inches matically square and aline vertical
but not more than 12 inches longer members so that the erected scaffold is
than the post spacing or runner spac- always plumb, square, and rigid. All
ing. Bearers may be cantilevered for brace connections shall be made se-
use as brackets to carry not more than cure.
two planks. (4) Scaffold legs shall be set on ad-
(11) Cross bracing shall be installed justable bases or plain bases placed on
across the width of the scaffold at least mud sills or other foundations ade-
every third set of posts horizontally quate to support the maximum in-
and every fourth runner vertically. tended load.
Such bracing shall extend diagonally (5) The frames shall be placed one on
from the inner and outer runners up- top of the other with coupling or stack-
ward to the next outer and inner run- ing pins to provide proper vertical
ners. alinement of the legs.
(12) Longitudinal diagonal bracing
(6) Where uplift may occur, panels
shall be installed at approximately a
shall be locked together vertically by
45-degree angle from near the base of
pins or other equivalent suitable
the first outer post upward to the ex-
means.
treme top of the scaffold. Where the
(7) Guardrails not less than 2 × 4
longitudinal length of the scaffold per-
mits, such bracing shall be duplicated
beginning at every fifth post. In a simi-
high, with a mid-rail, when required, of
lar manner, longitudinal diagonal brac-
1- × 4-inch lumber or equivalent, and
ing shall also be installed from the last
toeboards, shall be installed at all open
post extending back and upward to-
sides on all scaffolds more than 10 feet
ward the first post. Where conditions
above the ground or floor. Toeboards
preclude the attachment of this brac-
shall be a minimum of 4 inches in
ing to the posts, it may be attached to
height. Wire mesh shall be installed in
the runners.
accordance with paragraph (a)(17) of
(13) The entire scaffold shall be tied
this section.
to and securely braced against the
building at intervals not to exceed 30 (8) All tubular metal scaffolds shall
feet horizontally and 26 feet vertically. be constructed and erected to support
(14) Guardrails not less than 2×4 four times the maximum intended
inches or the equivalent and not less loads.
than 36 inches or more than 42 inches (9) To prevent movement, the scaf-
high, with a mid-rail, when required, of fold shall be secured to the building or
1×4-inch lumber or equivalent, and structure at intervals not to exceed 30
toeboards, shall be installed at all open feet horizontally and 26 feet vertically.
sides on all scaffolds more than 10 feet (10) Maximum permissible spans of
above the ground or floor. Toeboards planking shall be in conformity with
shall be a minimum of 4 inches in paragraph (a)(9) of this section.
height. Wire mesh shall be installed in (11) Drawings and specifications for
accordance with paragraph (a)(17) of all frame scaffolds over 125 feet in
this section. height above the base plates shall be
(d) Tubular welded frame scaffolds. (1) designed by a registered professional
Metal tubular frame scaffolds, includ- engineer and copies made available to
ing accessories such as braces, brack- the employer and for inspection pur-
ets, trusses, screw legs, ladders, etc., poses.
shall be designed and proved to safely (12) All tubular welded frame scaf-
support four times the maximum in- folds shall be erected by competent and
tended load. experienced personnel.
135
(13) Frames and accessories for scaf- building wall. Planking shall be nailed
folds shall be maintained in good re- or bolted to outriggers.
pair and every defect, unsafe condition, (5) Where there is danger of material
or noncompliance with this section falling from the scaffold, a wire mesh
shall be immediately corrected before or other enclosure shall be provided be-
further use of the scaffold. Any broken, tween the guardrail and the toeboard.
bent, excessively rusted, altered, or (6) Where additional working levels
otherwise structurally damaged frames are required to be supported by the
or accessories shall not be used. outrigger method, the plans and speci-
(14) Periodic inspections shall be fications of the outrigger and scaf-
made of all welded frames and acces- folding structure shall be designed by a
sories, and any maintenance, including registered professional engineer.
painting, or minor corrections author- (f) Masons’ adjustable multiple-point
ized by the manufacturer, shall be suspension scaffolds. (1) The scaffold
made before further use. shall be capable of sustaining a work-
(e) Outrigger scaffolds. (1) Outrigger ing load of 50 pounds per square foot
beams shall extend not more than 6 and shall not be loaded in excess of
feet beyond the face of the building. that figure.
The inboard end of outrigger beams, (2) The scaffold shall be provided
measured from the fulcrum point to with hoisting machines that meet the
the extreme point of support, shall be requirements of a nationally recog-
not less than one and one-half times nized testing laboratory. Refer to
the outboard end in length. The beams § 1910.7 for definition of nationally rec-
shall rest on edge, the sides shall be ognized testing laboratory.
plumb, and the edges shall be hori-
zontal. The fulcrum point of the beam TABLE D–16—MINIMUM NOMINAL SIZE AND
shall rest on a secure bearing at least MAXIMUM SPACING OF MEMBERS OF OUT-
RIGGER SCAFFOLDS
6 inches in each horizontal dimension.
The beam shall be secured in place Medium
Light duty
against movement and shall be se- duty
curely braced at the fulcrum point Maximum scaffold load ............... 25 p.s.f. ..... 50 p.s.f.
against tipping. Outrigger size ............................. 2×10 in ...... 3×10 in.
(2) The inboard ends of outrigger Maximum outrigger spacing ....... 10 ft 0 in .... 6 ft 0 in.
beams shall be securely supported ei- Planking ...................................... 2×9 in ........ 2×9 in.
Guardrail ..................................... 2×4 in ........ 2×4 in.
ther by means of struts bearing against
Guardrail uprights ....................... 2×4 in ........ 2×4 in.
sills in contact with the overhead Toeboards (minimum) ................ 4 in ............ 4 in.
beams or ceiling, or by means of ten-
sion members secured to the floor (3) The platform shall be supported
joists underfoot, or by both if nec- by wire ropes in conformity with para-
essary. The inboard ends of outrigger graph (a)(22) of this section, suspended
beams shall be secured against tipping from overhead outrigger beams.
and the entire supporting structure (4) The scaffold outrigger beams shall
shall be securely braced in both direc- consist of structural metal securely
tions to prevent any horizontal move- fastened or anchored to the frame or
ment. floor system of the building or struc-
(3) Unless outrigger scaffolds are de- ture.
signed by a licensed professional engi- (5) Each outrigger beam shall be
neer, they shall be constructed and equivalent in strength to at least a
erected in accordance with table D–16. standard 7-inch, 15.3-pound steel I-
Outrigger scaffolds designed by a reg- beam, be at least 15 feet long, and shall
istered professional engineer shall be not project more than 6 feet 6 inches
constructed and erected in accordance beyond the bearing point.
with such design. A copy of the de- (6) Where the overhang exceeds 6 feet
tailed drawings and specifications 6 inches, outrigger beams shall be com-
showing the sizes and spacing of mem- posed of stronger beams or multiple
bers shall be kept on the job. beams and be installed in accordance
(4) Planking shall be laid tight and with approved designs and instruc-
shall extend to within 3 inches of the tions.
136
(7) If channel iron outrigger beams sional engineer, and supervised by a

are used in place of I-beams, they shall competent, designated person.
be securely fastened together with the (g) Two-point suspension scaffolds
flanges turned out. (swinging scaffolds). (1) Two-point sus-
(8) All outrigger beams shall be set pension scaffold platforms shall be not
and maintained with their webs into less than 20 inches no more than 36
vertical position. inches wide overall. The platform shall
(9) A stop bolt shall be placed at each be securely fastened to the hangers by
end of every outrigger beam. U-bolts or by other equivalent means.
(10) The outrigger beam shall rest on (2) The hangers of two-point suspen-
suitable wood-bearing blocks. sion scaffolds shall be made of wrought
(11) All parts of the scaffold such as iron, mild steel, or other equivalent
bolts, nuts, fittings, clamps, wire rope, material having a cross-sectional area
and outrigger beams and their fas- capable of sustaining four times the
tenings, shall be maintained in sound maximum intended load, and shall be
and good working condition and shall designed with a support for guardrail,
be inspected before each installation intermediate rail, and toeboard.
and periodically thereafter. (3) When hoisting machines are used
(12) The free end of the suspension on two-point suspension scaffolds, such
wire ropes shall be equipped with prop- machines shall be of a design tested
er size thimbles and be secured by and approved by a nationally recog-
splicing or other equivalent means. nized testing laboratory. Refer to
The running ends shall be securely at- § 1910.7 for definition of nationally rec-
tached to the hoisting drum and at ognized testing laboratory.
least four turns of rope shall at all
(4) The roof irons or hooks shall be of
times remain on the drum.
wrought iron, mild steel, or other
(13) Where a single outrigger beam is
equivalent material of proper size and
used, the steel shackles or clevises
design, securely installed and an-
with which the wire ropes are attached
chored. Tie-backs of three-fourth inch
to the outrigger beams shall be placed
directly over the hoisting drums. manila rope or the equivalent shall
serve as a secondary means of anchor-
(14) The scaffold platform shall be
age, installed at right angles to the
equivalent in strength to at least 2-
face of the building whenever possible
inch planking. (For maximum planking
spans see paragraph (a)(9) of this sec- and secured to a structurally sound
tion.) portion of the building.
(15) Guardrails not less than 2 × 4 (5) Guardrails not less than 2 × 4
inches or the equivalent and not less inches or the equivalent and not less
than 36 inches or more than 42 inches than 36 inches or more than 42 inches
high, with a mid-rail, when required, of high, with a mid-rail, when required, of
1 × 4-inch lumber or equivalent, and 1- × 4-inch lumber or equivalent, and
toeboards, shall be installed at all open toeboards, shall be installed at all open
sides on all scaffolds more than 10 feet sides on all scaffolds more than 10 feet
above the ground or floor. Toeboards above the ground or floor. Toeboards
shall be a minimum of 4 inches in shall be a minimum of 4 inches in
height. Wire mesh shall be installed in height. Wire mesh shall be installed in
accordance with paragraph (a)(17) of accordance with paragraph (a)(17) of
this section. this section.
(16) Overhead protection shall be pro- (6) Two-point suspension scaffolds
vided on the scaffold, not more than 9 shall be suspended by wire or fiber
feet above the platform, consisting of ropes. Wire and fiber ropes shall con-
2-inch planking or material of equiva- form to paragraph (a)(22) of this sec-
lent strength laid tight, when men are tion.
at work on the scaffold and an over- (7) The blocks for fiber ropes shall be
head hazard exists. of standard 6-inch size, consisting of at
(17) Each scaffold shall be installed least one double and one single block.
or relocated in accordance with designs The sheaves of all blocks shall fit the
and instructions, of a registered profes- size of rope used.
137
(8) All wire ropes, fiber ropes, slings, eighth inch. The stringers shall be tied
hangers, platforms, and other sup- together with the tie rods not less than
porting parts shall be inspected before one-quarter inch in diameter, passing
every installation. Periodic inspections through the stringers and riveted up
shall be made while the scaffold is in tight against washers on both ends.
use. The flooring strips shall be spaced not
(9) On suspension scaffolds designed more than five-eighth inch apart ex-
for a working load of 500 pounds no cept at the side rails where the space
more than two men shall be permitted may be 1 inch. Ladder-type platforms
to work at one time. On suspension shall be constructed in accordance with
scaffolds with a working load of 750 table D–17.
pounds, no more than three men shall (ii) Plank-type platforms shall be
be permitted to work at one time. Each composed of not less than nominal 2×8-
workman shall be protected by a safety inch unspliced planks, properly cleated
lifebelt attached to a lifeline. The life-
together on the underside starting 6
line shall be securely attached to sub-
inches from each end; intervals in be-
stantial members of the structure (not
tween shall not exceed 4 feet. The
scaffold), or to securely rigged lines,
plank-type platform shall not extend
which will safely suspend the workman
beyond the hangers more than 18
in case of a fall.
(10) Where acid solutions are used, inches. A bar or other effective means
fiber ropes are not permitted unless shall be securely fastened to the plat-
acid-proof. form at each end to prevent its slipping
(11) Two-point suspension scaffolds off the hanger. The span between hang-
shall be securely lashed to the building ers for plank-type platforms shall not
or structure to prevent them from exceed 10 feet.
swaying. Window cleaners’ anchors (iii) Beam platforms shall have side
shall not be used for this purpose. stringers of lumber not less than 2×6
(12) The platform of every two-point inches set on edge. The span between
suspension scaffold shall be one of the hangers shall not exceed 12 feet when
following types: beam platforms are used. The flooring
(i) The side stringer of ladder-type shall be supported on 2- and 6-inch
platforms shall be clear straight- crossbeams, laid flat and set into the
grained spruce or materials of equiva- upper edge of the stringers with a snug
lent strength and durability. The rungs fit, at intervals of not more than 4 feet,
shall be of straight-grained oak, ash, or securely nailed in place. The flooring
hickory, at least 11⁄8 inch in diameter, shall be of 1×6inch material properly
with seven-eighth inch tenons mortised nailed. Floorboards shall not be spaced
into the side stringers at least seven- more than one-half inch apart.
TABLE D–17—SCHEDULE FOR LADDER-TYPE PLATFORMS
Length of platform (feet)
12 14 & 16 18 & 20 22 & 24 28 & 30
Side stringers, minimum cross section (finished sizes):

At ends (in.) ...................................................................... 13⁄4×23⁄4 13⁄4×23⁄4 13⁄4×3 13⁄4×3 13⁄4×31⁄2
At middle (in.) ................................................................... 13⁄4×33⁄4 13⁄4×33⁄4 13⁄4×4 13⁄4×41⁄4 13⁄4×5
Reinforcing strip (minimum) 1 ................................................... .................. .................. .................. .................. ..................
Rungs 2 ..................................................................................... .................. .................. .................. .................. ..................
Tie rods:
Number (minimum) ........................................................... 3 4 4 5 6
Diameter (minimum) ......................................................... 1⁄4 in 1⁄4 in 1⁄4 in 14 ⁄ in 1⁄4 in.
Flooring, minimum finished size (in.) ....................................... 12⁄ ×23⁄4 12⁄ ×23⁄4 12⁄ ×23⁄4 ⁄ × ⁄
12 34 12⁄ ×23⁄4
1 A 1⁄8x7⁄8-in. steel reinforcing strip or its equivalent shall be attached to the side or underside full length.
2 Rungs shall be 11⁄8-in. minimum, diameter with at least 7⁄8-in. diameter tenons, and the maximum spacing shall be 12 in. cen-
ter to center.
(h) Stone setters’ adjustable multiple- working load of 25 pounds per square
point suspension scaffolds. (1) The scaf-
fold shall be capable of sustaining a
138
foot and shall not be overloaded. Scaf- power units or manually operated
folds shall not be used for storage of winches, shall be a type tested and list-
stone or other heavy materials. ed by a nationally recognized testing
(2) The hoisting machine and its sup- laboratory. Refer to § 1910.399(a)(77) for
ports shall be of a type tested and list- definition of listed, and § 1910.7 for na-
ed by a nationally recognized testing tionally recognized testing laboratory.
laboratory. Refer to § 1910.399(a)(77) for (2) [Reserved]
definition of listed, and § 1910.7 for na- (3) All power-operated gears and
tionally recognized testing laboratory. brakes shall be enclosed.
(3) The platform shall be securely fas-
(4) In addition to the normal oper-
tened to the hangers by U-bolts or
other equivalent means. ating brake, all-power driven units
(4) The scaffold unit shall be sus- must have an emergency brake which
pended from metal outriggers, iron engages automatically when the nor-
brackets, wire rope slings, or iron mal speed of descent is exceeded.
hooks which will safely support the (5) Guards, mid-rails, and toeboards
maximum intended load. shall completely enclose the cage or
(5) Outriggers when used shall be set basket. Guardrails shall be no less than
with their webs in a vertical position, 2 by 4 inches or the equivalent in-
securely anchored to the building or stalled no less than 36 inches nor more
structure and provided with stop bolts than 42 inches above the platform. Mid-
at each end. rails shall be 1 by 6 inches or the equiv-
(6) The scaffold shall be supported by alent, installed equidistant between
wire rope conforming with paragraph the guardrail and the platform.
(a)(22) of this section, suspended from Toeboards shall be a minimum of 4
overhead supports. inches in height.
(7) The free ends of the suspension (6) The hoisting machines, cables,
wire ropes shall be equipped with prop- and equipment shall be regularly serv-
er size thimbles, secured by splicing or iced and inspected after each installa-
other equivalent means. The running
tion and every 30 days thereafter.
ends shall be securely attached to the
hoisting drum and at least four turns (7) The units may be combined to
of rope shall remain on the drum at all form a two-point suspension scaffold.
times. Such scaffold shall comply with para-
(8) Guardrails not less than 2 by 4 graph (g) of this section.
inches or the equivalent and not less (8) The supporting cable shall be
than 36 inches or more than 42 inches straight for its entire length, and the
high, with a mid-rail, when required, of operator shall not sway the basket and
1- by 4-inch lumber or equivalent, and fix the cable to any intermediate
toeboards, shall be installed at all open points to change his original path of
sides on all scaffolds more than 10 feet travel.
above the ground or floor. Toeboards (9) Equipment shall be maintained
shall be a minimum of 4 inches in and used in accordance with the manu-
height. Wire mesh shall be installed in facturers’ instructions.
accordance with paragraph (a)(17) of (10) Suspension methods shall con-
this section. form to applicable provisions of para-
(9) When two or more scaffolds are graphs (f) and (g) of this section.
used on a building or structure they (j) Boatswain’s chairs. (1) The chair
shall not be bridged one to the other
seat shall be not less than 12 by 24
but shall be maintained at even height
inches, and of 1-inch thickness. The
with platforms butting closely.
(10) Each scaffold shall be installed seat shall be reinforced on the under-
or relocated in accordance with designs side to prevent the board from split-
and instructions of a registered profes- ting.
sional engineer, and such installation (2) The two fiber rope seat slings
or relocation shall be supervised by a shall be of 5⁄8-inch diameter, reeved
competent designated person. through the four seat holes so as to
(i) Single-point adjustable suspension cross each other on the underside of
scaffolds. (1) The scaffolding, including the seat.
139
(3) Seat slings shall be of at least 3⁄8- height. Wire mesh shall be installed in
inch wire rope when a workman is con- accordance with paragraph (a)(17) of
ducting a heat producing process such this section.
as gas or arc welding. (l) Bricklayers’ square scaffolds. (1) The
(4) The workman shall be protected squares shall not exceed 5 feet in width
by a safety life belt attached to a life- and 5 feet in height.
line. The lifeline shall be securely at- (2) Members shall be not less than
tached to substantial members of the those specified in Table D–18.
structure (not scaffold), or to securely (3) The squares shall be reinforced on
rigged lines, which will safely suspend both sides of each corner with 1- by 6-
the worker in case of a fall. inch gusset pieces. They shall also have
(5) The tackle shall consist of correct braces 1 by 8 inches on both sides run-
size ball bearing or bushed blocks and ning from center to center of each
properly spliced 5⁄8-inch diameter first- member, or other means to secure
grade manila rope. equivalent strength and rigidity.
(6) The roof irons, hooks, or the ob- (4) The squares shall be set not more
ject to which the tackle is anchored than 5 feet apart for medium duty scaf-
shall be securely installed. Tiebacks folds, and not more than 8 feet apart
when used shall be installed at right for light duty scaffolds. Bracing 1×8
angles to the face of the building and inches, extending from the bottom of
securely fastened to a chimney. each square to the top of the next
(k) Carpenters’ bracket scaffolds. (1) square, shall be provided on both front
The brackets shall consist of a tri- and rear sides of the scaffold.
angular wood frame not less than 2 by
TABLE D–18—MINIMUM DIMENSIONS FOR
3 inches in cross section, or of metal of
BRICKLAYERS’ SQUARE SCAFFOLD MEMBERS
equivalent strength. Each member
shall be properly fitted and securely Members Dimensions
joined. (inches)
(2) Each bracket shall be attached to Bearers or horizontal members ....................... 2 by 6.
the structure by means of one of the Legs ................................................................. 2 by 6.
following: Braces at corners ............................................. 1 by 6.
Braces diagonally from center frame ............... 1 by 8.
(i) A bolt no less than five-eighths
inch in diameter which shall extend (5) Platform planks shall be at least
through the inside of the building wall. 2- by 9-inch nominal size. The ends of
(ii) A metal stud attachment device. the planks shall overlap the bearers of
(iii) Welding to steel tanks. the squares and each plank shall be
(iv) Hooking over a well-secured and supported by not less than three
adequately strong supporting member. squares.
The brackets shall be spaced no more (6) Bricklayers’ square scaffolds shall
than 10 feet apart. not exceed three tiers in height and
(3) No more than two persons shall shall be so constructed and arranged
occupy any given 10 feet of a bracket that one square shall rest directly
scaffold at any one time. Tools and ma- above the other. The upper tiers shall
terials shall not exceed 75 pounds in ad- stand on a continuous row of planks
dition to the occupancy. laid across the next lower tier and be
(4) The platform shall consist of not nailed down or otherwise secured to
less than two 2- by 9-inch nominal size prevent displacement.
planks extending not more than 18 (7) Scaffolds shall be level and set
inches or less than 6 inches beyond upon a firm foundation.
each end support. (m) Horse scaffolds. (1) Horse scaffolds
(5) Guardrails not less than 2 by 4 shall not be constructed or arranged
inches or the equivalent and not less more than two tiers or 10 feet in
than 36 inches or more than 42 inches height.
high, with a mid-rail, when required, of (2) The members of the horses shall
1- by 4-inch lumber or equivalent, and be not less than those specified in
toeboards, shall be installed at all open Table D–19.
sides on all scaffolds more than 10 feet (3) Horses shall be spaced not more
above the ground or floor. Toeboards than 5 feet for medium duty and not
shall be a minimum of 4 inches in more than 8 feet for light duty.
140
(4) When arranged in tiers, each horse shall be designed based on design re-
shall be placed directly over the horse quirements for the special span. The
in the tier below. overhang of each end of the platform
(5) On all scaffolds arranged in tiers, planks shall be not less than 1 foot and
the legs shall be nailed down to the not more than 18 inches.
planks to prevent displacement or (5) When one needle beam is higher
thrust and each tier shall be substan- than the other or when the platform is
tially cross braced. not level the platform shall be secured
against slipping.
TABLE D–19—MINIMUM DIMENSIONS FOR
(6) All unattached tools, bolts, and
HORSE SCAFFOLD MEMBERS
nuts used on needle beam scaffolds
Members Dimensions shall be kept in suitable containers.
(inches)
(7) One end of a needle beam scaffold
Horizontal members or bearers ....................... 3 by 4. may be supported by a permanent
Legs ................................................................. 11⁄4 by 41⁄2. structural member conforming to para-
Longitudinal brace between legs ..................... 1 by 6.
Gusset brace at top of legs ............................. 1 by 8. graphs (a) (4) and (8) of this section.
Half diagonal braces ........................................ 11⁄4 by 41⁄2. (8) Each man working on a needle
beam scaffold 20 feet or more above the
(6) Horses or parts which have be- ground or floor and working with both
come weak or defective shall not be hands, shall be protected by a safety
used. life belt attached to a lifeline. The life-
(7) Guardrails not less than 2 by 4 line shall be securely attached to sub-
inches or the equivalent and not less stantial members of the structure (not
than 36 inches or more than 42 inches scaffold), or to securely rigged lines,
high with a mid-rail, when required, of which will safely suspend the workman
1- by 4-inch lumber or equivalent and in case of a fall.
toeboards, shall be installed at all open (o) Plasterers’, decorators’, and large
sides on all scaffolds more than 10 feet area scaffolds. (1) Plasterers’, decora-
above the ground or floor. Toeboards tors’, lathers’, and ceiling workers’ in-
shall be a minimum of 4 inches in side scaffolds shall be constructed in
height. Wire mesh shall be installed in accordance with the general require-
accordance with paragraph (a)(17) of ments set forth for independent wood
this section. pole scaffolds.
(n) Needle beam scaffold. (1) Wood nee-
(2) Guardrails not less than 2 by 4
dle beams shall be in accordance with
paragraph (a) (5) and (9) of this section,
and shall be not less than 4 by 6 inches
high, with a mid-rail, when required, of
in size, with the greater dimension
1- by 4-inch lumber or equivalent, and
placed in a vertical direction. Metal
toeboards, shall be installed at all open
beams or the equivalent conforming to
sides on all scaffolds more than 10 feet
paragraph (a) (4) and (8) of this section
above the ground or floor. Toeboards
may be used.
shall be a minimum of 4 inches in
(2) Ropes or hangers shall be provided
height. Wire mesh shall be installed in
for supports. The span between sup-
accordance with paragraph (a)(17) of
ports on the needle beam shall not ex-
this section.
ceed 10 feet for 4- by 6-inch timbers.
Rope supports shall be equivalent in (3) All platform planks shall be laid
strength to 1-inch diameter first-grade with the edges close together.
manila rope. (4) When independent pole scaffold
(3) The ropes shall be attached to the platforms are erected in sections, such
needle beams by a scaffold hitch or a sections shall be provided with con-
properly made eye splice. The loose end necting runways equipped with sub-
of the rope shall be tied by a bowline stantial guardrails.
knot or by a round turn and one-half (p) Interior hung scaffolds.
hitch. (1) [Reserved]
(4) The platform span between the (2) The suspended steel wire rope
needle beams shall not exceed 8 feet shall conform to paragraph (a)(22) of
when using 2-inch scaffold plank. For this section. Wire may be used pro-
spans greater than 8 feet, platforms viding the strength requirements of
141
paragraph (a)(22) of this section are tened, held, or equipped with devices so
met. as to prevent slipping.
(3) For hanging wood scaffolds, the (5) The wood platform planks shall be
following minimum nominal size mate- not less than 2 inches nominal in
rial is recommended: thickness. Both metal and wood plat-
(i) Supporting bearers 2 by 9 inches form planks shall overlap the bearing
on edge. surface not less than 12 inches. The
(ii) Planking 2 by 9 inches or 2 by 10 span between supports for wood shall
inches, with maximum span 7 feet for not exceed 8 feet. Platform width shall
heavy duty and 10 feet for light duty or be not less than 18 inches.
medium duty. (6) Not more than two persons shall
(4) Steel tube and coupler members occupy any given 8 feet of any ladder-
may be used for hanging scaffolds with jack scaffold at any one time.
both types of scaffold designed to sus- (r) Window-jack scaffolds. (1) Window-
tain a uniform distributed working jack scaffolds shall be used only for the
load up to heavy duty scaffold loads purpose of working at the window
with a safety factor of four. opening through which the jack is
placed.
(5) When a hanging scaffold is sup-
(2) Window jacks shall not be used to
ported by means of wire rope, such wire
support planks placed between one win-
rope shall be wrapped at least twice
dow jack and another or for other ele-
around the supporting members and
ments of scaffolding.
twice around the bearers of the scaf-
(3) Window-jack scaffolds shall be
fold, with each end of the wire rope se-
provided with suitable guardrails un-
cured by at least three standard wire-
less safety belts with lifelines are at-
rope clips.
tached and provided for the workman.
(6) All overhead supporting members
Window-jack scaffolds shall be used by
shall be inspected and checked for
one man only.
strength before the scaffold is erected.
(s) Roofing brackets. (1) Roofing
(7) Guardrails not less than 2 by 4 brackets shall be constructed to fit the
inches or the equivalent and not less pitch of the roof.
than 36 inches or more than 42 inches (2) Brackets shall be secured in place
high, with a mid-rail, when required, of by nailing in addition to the pointed
1- by 4-inch lumber or equivalent, and metal projections. The nails shall be
toeboards, shall be installed at all open driven full length into the roof. When
sides on all scaffolds more than 10 feet rope supports are used, they shall con-
above the ground or floor. Toeboards sist of first-grade manila of at least
shall be a minimum of 4 inches in three-quarter-inch diameter, or equiva-
height. Wire mesh shall be installed in lent.
accordance with paragraph (a)(17) of (3) A substantial catch platform shall
this section. be installed below the working area of
(q) Ladder-jack scaffolds. (1) All lad- roofs more than 20 feet from the
der-jack scaffolds shall be limited to ground to eaves with a slope greater
light duty and shall not exceed a than 3 inches in 12 inches without a
height of 20 feet above the floor or parapet. In width the platform shall ex-
ground. tend 2 feet beyond the projection of the
(2) All ladders used in connection eaves and shall be provided with a safe-
with ladder-jack scaffolds shall be ty rail, mid-rail, and toeboard. This
heavy-duty ladders and shall be de- provision shall not apply where em-
signed and constructed in accordance ployees engaged in work upon such
with § 1910.25 and § 1910.26. roofs are protected by a safety belt at-
(3) The ladder jack shall be so detached to a lifeline.
signed and constructed that it will bear (t) Crawling boards or chicken ladders.
on the side rails in addition to the lad- (1) Crawling boards shall be not less
der rungs, or if bearing on rungs only, than 10 inches wide and 1 inch thick,
the bearing area shall be at least 10 having cleats 1×11⁄2 inches. The cleats
inches on each rung. shall be equal in length to the width of
(4) Ladders used in conjunction with the board and spaced at equal intervals
ladder jacks shall be so placed, fas- not to exceed 24 inches. Nails shall be
142
driven through and clinched on the un- rigged lines, which will safely suspend
derside. The crawling board shall ex- the workman in case of a fall.
tend from the ridge pole to the eaves (v) Scope. This section establishes
when used in connection with roof con- safety requirements for the construc-
struction, repair, or maintenance. tion, operation, maintenance, and use
(2) A firmly fastened lifeline of at of scaffolds used in the maintenance of
least three-quarter-inch rope shall be buildings and structures.
strung beside each crawling board for a [39 FR 23502, June 27, 1974, as amended at 43
handhold. FR 49746, Oct. 24, 1978; 49 FR 5321, Feb. 10,
(3) Crawling boards shall be secured 1984; 53 FR 12121, Apr. 12, 1988]
to the roof by means of adequate ridge
hooks or equivalent effective means. § 1910.29 Manually propelled mobile
(u) Float or ship scaffolds. (1) Float or ladder stands and scaffolds (tow-
ship scaffolds shall support not more ers).
than three men and a few light tools, (a) General requirements—(1) Applica-
such as those needed for riveting, bolt- tion. This section is intended to pre-
ing, and welding. They shall be con- scribe rules and requirements for the
structed in accordance with paragraphs design, construction, and use of mobile
(u) (2) through (6) of this section, un- work platforms (including ladder
less substitute designs and materials stands but not including aerial ladders)
provide equivalent strength, stability, and rolling (mobile) scaffolds (towers).
and safety. This standard is promulgated to aid in
(2) The platform shall be not less providing for the safety of life, limb,
than 3 feet wide and 6 feet long, made and property, by establishing minimum
of three-quarter-inch plywood, equiva- standards for structural design require-
lent to American Plywood Association ments and for the use of mobile work
Grade B-B, Group I, Exterior. platforms and towers.
(3) Under the platform, there shall be (2) Working loads. (i) Work platforms
two supporting bearers made from 2×4- and scaffolds shall be capable of car-
inch, or 1×10-inch rough, selected lum- rying the design load under varying
ber, or better. They shall be free of circumstances depending upon the con-
knots or other flaws and project 6 ditions of use. Therefore, all parts and
inches beyond the platform on both appurtenances necessary for their safe
sides. The ends of the platform shall and efficient utilization must be inte-
extend about 6 inches beyond the outer gral parts of the design.
edges of the bearers. Each bearer shall (ii) Specific design and construction
be securely fastened to the platform. requirements are not a part of this sec-
(4) An edging of wood not less than tion because of the wide variety of ma-
3⁄4×11⁄2 inches, or equivalent, shall be
terials and design possibilities. How-
placed around all sides of the platform ever, the design shall be such as to
to prevent tools from rolling off. produce a mobile ladder stand or scaf-
(5) Supporting ropes shall be 1-inch fold that will safely sustain the speci-
diameter manila rope or equivalent, fied loads. The material selected shall
free from deterioration, chemical dam- be of sufficient strength to meet the
age, flaws, or other imperfections. test requirements and shall be pro-
Rope connections shall be such that tected against corrosion or deteriora-
the platform cannot shift or slip. If two tion.
ropes are used with each float, each of (a) The design working load of ladder
the two supporting ropes shall be stands shall be calculated on the basis
hitched around one end of a bearer and of one or more 200-pound persons to-
pass under the platforms to the other gether with 50 pounds of equipment
end of the bearer where it is hitched each.
again, leaving sufficient rope at each (b) The design load of all scaffolds
end for the supporting ties. shall be calculated on the basis of:
(6) Each workman shall be protected
Light—Designed and constructed to carry a
by a safety lifebelt attached to a life- working load of 25 pounds per square foot.
line. The lifeline shall be securely at- Medium—Designed and constructed to carry
tached to substantial members of the a working load of 50 pounds per square
structure (not scaffold), or to securely foot.
143
Heavy—Designed and constructed to carry a have a standard (4-inch nominal)
working load of 75 pounds per square foot. toeboard.
All ladder stands and scaffolds shall be (vii) All work levels 10 feet or higher
capable of supporting at least four above the ground or floor shall have a
times the design working load. guardrail of 2- by 4-inch nominal or the
(iii) The materials used in mobile equivalent installed no less than 36
ladder stands and scaffolds shall be of inches or more than 42 inches high,
standard manufacture and conform to with a mid-rail, when required, of 1- by
standard specifications of strength, di- 4-inch nominal lumber or equivalent.
mensions, and weights, and shall be se- (viii) A climbing ladder or stairway
lected to safely support the design shall be provided for proper access and
working load. egress, and shall be affixed or built into
(iv) Nails, bolts, or other fasteners the scaffold and so located that its use
used in the construction of ladders, will not have a tendency to tip the
scaffolds, and towers shall be of ade- scaffold. A landing platform shall be
quate size and in sufficient numbers at provided at intervals not to exceed 30
each connection to develop the de- feet.
signed strength of the unit. Nails shall (4) Wheels or casters. (i) Wheels or
be driven full length. (All nails should casters shall be properly designed for
be immediately withdrawn from dis- strength and dimensions to support
mantled lumber.) four (4) times the design working load.
(v) All exposed surfaces shall be free (ii) All scaffold casters shall be pro-
from sharp edges, burrs or other safety
vided with a positive wheel and/or
hazards.
swivel lock to prevent movement. Lad-
(3) Work levels. (i) The maximum
der stands shall have at least two (2) of
work level height shall not exceed four
(4) times the minimum or least base di- the four (4) casters and shall be of the
mensions of any mobile ladder stand or swivel type.
scaffold. Where the basic mobile unit (iii) Where leveling of the elevated
does not meet this requirement, suit- work platform is required, screw jacks
able outrigger frames shall be em- or other suitable means for adjusting
ployed to achieve this least base di- the height shall be provided in the base
mension, or provisions shall be made to section of each mobile unit.
guy or brace the unit against tipping. (b) Mobile tubular welded frame scaf-
(ii) The minimum platform width for folds—(1) General. Units shall be de-
any work level shall not be less than 20 signed to comply with the require-
inches for mobile scaffolds (towers). ments of paragraph (a) of this section.
Ladder stands shall have a minimum (2) Bracing. Scaffolds shall be prop-
step width of 16 inches. erly braced by cross braces and/or di-
(iii) The supporting structure for the agonal braces for securing vertical
work level shall be rigidly braced, members together laterally. The cross
using adequate cross bracing or diago- braces shall be of a length that will
nal bracing with rigid platforms at automatically square and align
each work level. vertical members so the erected scaf-
(iv) The steps of ladder stands shall fold is always plumb, square, and rigid.
be fabricated from slip resistant treads. (3) Spacing. Spacing of panels or
(v) The work level platform of scaf- frames shall be consistent with the
folds (towers) shall be of wood, alu-
loads imposed. The frames shall be
minum, or plywood planking, steel or
placed one on top of the other with
expanded metal, for the full width of
coupling or stacking pins to provide
the scaffold, except for necessary open-
ings. Work platforms shall be secured proper vertical alignment of the legs.
in place. All planking shall be 2-inch (4) Locking. Where uplift may occur,
(nominal) scaffold grade minimum 1,500 panels shall be locked together
f. (stress grade) construction grade vertically by pins or other equivalent
lumber or equivalent. means.
(vi) All scaffold work levels 10 feet or (5) Erection. Only the manufacturer of
higher above the ground or floor shall a scaffold or his qualified designated
144
agent shall be permitted to erect or su- shall be designed so that the horizontal
pervise the erection of scaffolds exceed- bearers provide supports for multiple
ing 50 feet in height above the base, un- planking levels.
less such structure is approved in writ- (7) Erection. Only the manufacturer of
ing by a registered professional engi- the scaffold or his qualified designated
neer, or erected in accordance with in- agent shall be permitted to erect or su-
structions furnished by the manufac- pervise the erection of scaffolds exceed-
turer. ing 50 feet in height above the base, un-
(c) Mobile tubular welded sectional less such structure is approved in writ-
folding scaffolds—(1) General. Units ining by a licensed professional engineer,
cluding sectional stairway and sec- or erected in accordance with instruc-
tional ladder scaffolds shall be de- tions furnished by the manufacturer.
signed to comply with the require- (d) Mobile tube and coupler scaffolds—
ments of paragraph (a) of this section. (1) Design. Units shall be designed to
(2) Stairway. An integral stairway comply with the applicable require-
and work platform shall be incor- ments of paragraph (a) of this section.
porated into the structure of each sec- (2) Material. The material used for
tional folding stairway scaffold. the couplers shall be of a structural
(3) Bracing. An integral set of piv- type, such as a drop-forged steel, mal-
oting and hinged folding diagonal and leable iron or structural grade alu-
horizontal braces and a detachable minum. The use of gray cast iron is
work platform shall be incorporated prohibited.
into the structure of each sectional (3) Erection. Only the manufacturer of
folding ladder scaffold. the scaffold or his qualified designated
(4) Sectional folding stairway scaffolds. agent shall be permitted to erect or su-
Sectional folding stairway scaffolds pervise the erection of scaffolds exceed-
shall be designed as medium duty scaf- ing 50 feet in height above the base, un-
folds except for high clearance. These less such structure is approved in writ-
special base sections shall be designed ing by a licensed professional engineer,
as light duty scaffolds. When upper sec- or erected in accordance with instruc-
tional folding stairway scaffolds are tions furnished by the manufacturer.
used with a special high clearance base, (e) Mobile work platforms—(1) Design.
the load capacity of the entire scaffold Units shall be designed for the use in-
shall be reduced accordingly. The tended and shall comply with the re-
width of a sectional folding stairway quirements of paragraph (a) of this sec-
scaffold shall not exceed 41⁄2 feet. The tion.
maximum length of a sectional folding (2) Base width. The minimum width of
stairway scaffold shall not exceed 6 the base of mobile work platforms shall
feet. not be less than 20 inches.
(5) Sectional folding ladder scaffolds. (3) Bracing. Adequate rigid diagonal
Sectional folding ladder scaffolds shall bracing to vertical members shall be
be designed as light duty scaffolds in- provided.
cluding special base (open end) sections (f) Mobile ladder stands—(1) Design.
which are designed for high clearance. Units shall comply with applicable re-
For certain special applications the quirements of paragraph (a) of this sec-
six-foot (6′) folding ladder scaffolds, ex- tion.
cept for special high clearance base (2) Base width. The minimum base
sections, shall be designed for use as width shall conform to paragraph
medium duty scaffolds. The width of a (a)(3)(i) of this section. The maximum
sectional folding ladder scaffold shall length of the base section shall be the
not exceed 41⁄2 feet. The maximum total length of combined steps and top
length of a sectional folding ladder assembly, measured horizontally, plus
scaffold shall not exceed 6 feet 6 inches five-eighths inch per step of rise.
for a six-foot (6′) long unit, 8 feet 6 (3) Steps. Steps shall be uniformly
inches for an eight-foot (8′) unit or 10 spaced, and sloped, with a rise of not
feet 6 inches for a ten-foot (10′) long less than nine (9) inches, nor more than
unit. ten (10) inches, and a depth of not less
(6) End frames. The end frames of sec- seven (7) inches. The slope of the steps
tional ladder and stairway scaffolds section shall be a minimum of fifty-
145
five (55) degrees and a maximum of (3) Wood platforms used on the floor
sixty (60) degrees measured from the in front of machines shall be substan-
horizontal. tially constructed.
(4) Handrails. (i) Units having more (c) Veneer machinery. (1) Sides of
than five (5) steps or 60 inches vertical steam vats shall extend to a height of
height to the top step shall be equipped not less than 36 inches above the floor,
with handrails. working platform, or ground.
(ii) Handrails shall be a minimum of (2) Large steam vats divided into sec-
29 inches high. Measurements shall be tions shall be provided with substantial
taken vertically from the center of the walkways between sections. Each
step. walkway shall be provided with a
(5) Loading. The load (see paragraph standard handrail on each exposed side.
(a)(2)(ii)(a) of this section) shall be ap- These handrails may be removable, if
plied uniformly to a 31⁄2 inches wide necessary.
area front to back at the center of the (3) Covers shall be removed only from
width span with a safety factor of four that portion of steaming vats on which
(4). men are working and a portable railing
shall be placed at this point to protect
§ 1910.30 Other working surfaces. the operators.
(a) Dockboards (bridge plates). (1) Port- (4) Workmen shall not ride or step on
able and powered dockboards shall be logs in steam vats.
strong enough to carry the load im- [39 FR 23502, June 27, 1974, as amended at 49
posed on them. FR 5322, Feb. 10, 1984; 61 FR 9235, Mar. 7, 1996]
(2) Portable dockboards shall be se-
cured in position, either by being an- Subpart E—Means of Egress
chored or equipped with devices which
will prevent their slipping.
AUTHORITY: Secs. 4, 6, 8, Occupational Safe-
(3) Powered dockboards shall be de-
ty and Health Act of 1970 (29 U.S.C. 653, 655,
signed and constructed in accordance 657); Secretary of Labor’s Order Nos. 12–71 (36
with Commercial Standard CS202–56 FR 8754), (8–76 41 FR 25059), 9–83 (48 FR 35736)
(1961) ‘‘Industrial Lifts and Hinged or 1–90 (55 FR 9033), 6–96 (62 FR 111), or 3–2000
Loading Ramps published by the U.S. (65 FR 50017), as applicable.
Department of Commerce, which is in-
corporated by reference as specified in § 1910.33 Table of contents.
§ 1910.6. This section lists the sections and
(4) Handholds, or other effective paragraph headings contained in
means, shall be provided on portable §§ 1910.34 through 1910.39.
dockboards to permit safe handling.
(5) Positive protection shall be pro- § 1910.34 Coverage and definitions.
vided to prevent railroad cars from
(a) Every employer is covered.
being moved while dockboards or
(b) Exit routes are covered.
bridge plates are in position.
(c) Definitions.
(b) Forging machine area. (1) Machines
shall be so located as to give (i) enough § 1910.35 Compliance with NFPA 101–2000, Life
clearance between machines so that Safety Code.
the movement of one operator will not
§ 1910.36 Design and construction requirements
interfere with the work of another, (ii) for exit routes.
ample room for cleaning machines and
handling the work, including material (a) Basic requirements.
and scrap. The arrangement of ma- (b) The number of exit routes must be ade-
chines shall be such that operators will quate.
(c) Exit discharge.
not stand in aisles.
(d) An exit door must be unlocked.
(2) Aisles shall be provided of suffi- (e) A side-hinged exit door must be used.
cient width to permit the free move- (f) The capacity of an exit route must be ade-
ment of employees bringing and remov- quate.
ing material. This aisle space is to be (g) An exit route must meet minimum height
independent of working and storage and width requirements.
space. (h) An outdoor exit route is permitted.
146
§ 1910.37 Maintenance, safeguards, and leads from the fifth floor of an office
operational features for exit routes. building to the outside of the building.
(a) The danger to employees must be mini- Exit access means that portion of an
mized. exit route that leads to an exit. An ex-
(b) Lighting and marking must be adequate ample of an exit access is a corridor on
and appropriate. the fifth floor of an office building that
(c) The fire retardant properties of paints or leads to a two-hour fire resistance-
solutions must be maintained. rated enclosed stairway (the Exit).
(d) Exit routes must be maintained during
Exit discharge means the part of the
construction, repairs, or alterations.
(e) An employee alarm system must be oper-
exit route that leads directly outside
able. or to a street, walkway, refuge area,
public way, or open space with access
§ 1910.38 Emergency action plans. to the outside. An example of an exit
(a) Application. discharge is a door at the bottom of a
(b) Written and oral emergency action plans. two-hour fire resistance-rated enclosed
(c) Minimum elements of an emergency ac- stairway that discharges to a place of
tion plan. safety outside the building.
(d) Employee alarm system. Exit route means a continuous and
(e) Training. unobstructed path of exit travel from
(f) Review of emergency action plan. any point within a workplace to a
§ 1910.39 Fire prevention plans. place of safety (including refuge areas).
An exit route consists of three parts:
(a) Application. The exit access; the exit; and, the exit
(b) Written and oral fire prevention plans. discharge. (An exit route includes all
(c) Minimum elements of a fire prevention
plan.
vertical and horizontal areas along the
(d) Employee information. route.)
High hazard area means an area in-
[67 FR 67961, Nov. 7, 2002] side a workplace in which operations
include high hazard materials, proc-
§ 1910.34 Coverage and definitions.
esses, or contents.
(a) Every employer is covered. Sections Occupant load means the total num-
1910.34 through 1910.39 apply to work- ber of persons that may occupy a work-
places in general industry except mo- place or portion of a workplace at any
bile workplaces such as vehicles or ves- one time. The occupant load of a work-
sels. place is calculated by dividing the
(b) Exits routes are covered. The rules gross floor area of the workplace or
in §§ 1910.34 through 1910.39 cover the portion of a workplace by the occupant
minimum requirements for exit routes load factor for that particular type of
that employers must provide in their workplace occupancy. Information re-
workplace so that employees may garding ‘‘Occupant load’’ is located in
evacuate the workplace safely during NFPA 101–2000, Life Safety Code.
an emergency. Sections 1910.34 through Refuge area means either:
1910.39 also cover the minimum re- (1) A space along an exit route that is
quirements for emergency action plans protected from the effects of fire by
and fire prevention plans. separation from other spaces within
(c) Definitions. the building by a barrier with at least
Electroluminescent means a light- a one-hour fire resistance-rating; or
emitting capacitor. Alternating cur- (2) A floor with at least two spaces,
rent excites phosphor atoms when separated from each other by smoke-
placed between the electrically conduc- resistant partitions, in a building pro-
tive surfaces to produce light. This tected throughout by an automatic
light source is typically contained in- sprinkler system that complies with
side the device. § 1910.159 of this part.
Exit means that portion of an exit Self-luminous means a light source
route that is generally separated from that is illuminated by a self-contained
other areas to provide a protected way power source (e.g., tritium) and that
of travel to the exit discharge. An ex- operates independently from external
ample of an exit is a two-hour fire re- power sources. Batteries are not ac-
sistance-rated enclosed stairway that ceptable self-contained power sources.
147
The light source is typically contained can evacuate using the second exit
inside the device. route.
[67 FR 67961, Nov. 7, 2002]
(2) More than two exit routes. More
than two exit routes must be available
§ 1910.35 Compliance with NFPA 101– in a workplace if the number of em-
2000, Life Safety Code. ployees, the size of the building, its oc-
An employer who demonstrates com- cupancy, or the arrangement of the
pliance with the exit route provisions workplace is such that all employees
of NFPA 101–2000, the Life Safety Code, would not be able to evacuate safely
will be deemed to be in compliance during an emergency.
with the corresponding requirements in (3) A single exit route. A single exit
§§ 1910.34, 1910.36, and 1910.37. route is permitted where the number of
employees, the size of the building, its
[67 FR 67961, Nov. 7, 2002] occupancy, or the arrangement of the
workplace is such that all employees
§ 1910.36 Design and construction re- would be able to evacuate safely during
quirements for exit routes.
an emergency.
(a) Basic requirements. Exit routes
must meet the following design and NOTE TO PARAGRAPH 1910.36(b): For assist-
ance in determining the number of exit
construction requirements: routes necessary for your workplace, consult
(1) An exit route must be permanent. NFPA 101–2000, Life Safety Code.
Each exit route must be a permanent
part of the workplace. (c) Exit discharge. (1) Each exit dis-
(2) An exit must be separated by fire re- charge must lead directly outside or to
sistant materials. Construction mate- a street, walkway, refuge area, public
rials used to separate an exit from way, or open space with access to the
other parts of the workplace must have outside.
a one-hour fire resistance-rating if the (2) The street, walkway, refuge area,
exit connects three or fewer stories and public way, or open space to which an
a two-hour fire resistance-rating if the exit discharge leads must be large
exit connects four or more stories. enough to accommodate the building
(3) Openings into an exit must be lim- occupants likely to use the exit route.
ited. An exit is permitted to have only (3) Exit stairs that continue beyond
those openings necessary to allow ac- the level on which the exit discharge is
cess to the exit from occupied areas of located must be interrupted at that
the workplace, or to the exit discharge. level by doors, partitions, or other ef-
An opening into an exit must be pro- fective means that clearly indicate the
tected by a self-closing fire door that direction of travel leading to the exit
remains closed or automatically closes discharge.
in an emergency upon the sounding of (d) An exit door must be unlocked. (1)
a fire alarm or employee alarm system. Employees must be able to open an exit
Each fire door, including its frame and route door from the inside at all times
hardware, must be listed or approved without keys, tools, or special knowl-
by a nationally recognized testing lab- edge. A device such as a panic bar that
oratory. Section 1910.155(c)(3)(iv)(A) of locks only from the outside is per-
this part defines ‘‘listed’’ and § 1910.7 of mitted on exit discharge doors.
this part defines a ‘‘nationally recog- (2) Exit route doors must be free of
nized testing laboratory.’’ any device or alarm that could restrict
(b) The number of exit routes must be emergency use of the exit route if the
adequate—(1) Two exit routes. At least device or alarm fails.
two exit routes must be available in a (3) An exit route door may be locked
workplace to permit prompt evacu- from the inside only in mental, penal,
ation of employees and other building or correctional facilities and then only
occupants during an emergency, except if supervisory personnel are continu-
as allowed in paragraph (b)(3) of this ously on duty and the employer has a
section. The exit routes must be lo- plan to remove occupants from the fa-
cated as far away as practical from cility during an emergency.
each other so that if one exit route is (e) A side-hinged exit door must be
blocked by fire or smoke, employees used. (1) A side-hinged door must be
148
used to connect any room to an exit solid, substantially level walkways;

route. and
(2) The door that connects any room (4) The outdoor exit route must not
to an exit route must swing out in the have a dead-end that is longer than 20
direction of exit travel if the room is feet (6.2 m).
designed to be occupied by more than [67 FR 67961, Nov. 7, 2002]
50 people or if the room is a high haz-
ard area (i.e., contains contents that § 1910.37 Maintenance, safeguards, and
are likely to burn with extreme rapid- operational features for exit routes.
ity or explode). (a) The danger to employees must be
(f) The capacity of an exit route must be minimized. (1) Exit routes must be kept
adequate. (1) Exit routes must support free of explosive or highly flammable
the maximum permitted occupant load furnishings or other decorations.
for each floor served. (2) Exit routes must be arranged so
(2) The capacity of an exit route may that employees will not have to travel
not decrease in the direction of exit toward a high hazard area, unless the
route travel to the exit discharge. path of travel is effectively shielded
NOTE TO PARAGRAPH 1910.36(f): Information from the high hazard area by suitable
regarding ‘‘Occupant load’’ is located in partitions or other physical barriers.
NFPA 101–2000, Life Safety Code. (3) Exit routes must be free and unob-
structed. No materials or equipment
(g) An exit route must meet minimum may be placed, either permanently or
height and width requirements. (1) The temporarily, within the exit route. The
ceiling of an exit route must be at least exit access must not go through a room
seven feet six inches (2.3 m) high. Any that can be locked, such as a bath-
projection from the ceiling must not room, to reach an exit or exit dis-
reach a point less than six feet eight charge, nor may it lead into a dead-end
inches (2.0 m) from the floor. corridor. Stairs or a ramp must be pro-
(2) An exit access must be at least 28 vided where the exit route is not sub-
inches (71.1 cm) wide at all points. stantially level.
Where there is only one exit access (4) Safeguards designed to protect
leading to an exit or exit discharge, the employees during an emergency (e.g.,
width of the exit and exit discharge sprinkler systems, alarm systems, fire
must be at least equal to the width of doors, exit lighting) must be in proper
the exit access. working order at all times.
(3) The width of an exit route must (b) Lighting and marking must be ade-
be sufficient to accommodate the max- quate and appropriate. (1) Each exit
imum permitted occupant load of each route must be adequately lighted so
floor served by the exit route. that an employee with normal vision
(4) Objects that project into the exit can see along the exit route.
route must not reduce the width of the (2) Each exit must be clearly visible
exit route to less than the minimum and marked by a sign reading ‘‘Exit.’’
width requirements for exit routes. (3) Each exit route door must be free
(h) An outdoor exit route is permitted. of decorations or signs that obscure the
Each outdoor exit route must meet the visibility of the exit route door.
minimum height and width require- (4) If the direction of travel to the
ments for indoor exit routes and must exit or exit discharge is not imme-
also meet the following requirements: diately apparent, signs must be posted
(1) The outdoor exit route must have along the exit access indicating the di-
guardrails to protect unenclosed sides rection of travel to the nearest exit
if a fall hazard exists; and exit discharge. Additionally, the
(2) The outdoor exit route must be line-of-sight to an exit sign must clear-
covered if snow or ice is likely to accu- ly be visible at all times.
mulate along the route, unless the em- (5) Each doorway or passage along an
ployer can demonstrate that any snow exit access that could be mistaken for
or ice accumulation will be removed an exit must be marked ‘‘Not an Exit’’
before it presents a slipping hazard; or similar designation, or be identified
(3) The outdoor exit route must be by a sign indicating its actual use (e.g.,
reasonably straight and have smooth, closet).
149
(6) Each exit sign must be illumi- quires one. The requirements in this
nated to a surface value of at least five section apply to each such emergency
foot-candles (54 lux) by a reliable light action plan.
source and be distinctive in color. Self- (b) Written and oral emergency action
luminous or electroluminescent signs plans. An emergency action plan must
that have a minimum luminance sur- be in writing, kept in the workplace,
face value of at least .06 footlamberts and available to employees for review.
(0.21 cd/m2) are permitted. However, an employer with 10 or fewer
(7) Each exit sign must have the word employees may communicate the plan
‘‘Exit’’ in plainly legible letters not orally to employees.
less than six inches (15.2 cm) high, with (c) Minimum elements of an emergency
the principal strokes of the letters in action plan. An emergency action plan
the word ‘‘Exit’’ not less than three- must include at a minimum:
fourths of an inch (1.9 cm) wide. (1) Procedures for reporting a fire or
(c) The fire retardant properties of other emergency;
paints or solutions must be maintained. (2) Procedures for emergency evacu-
Fire retardant paints or solutions must ation, including type of evacuation and
be renewed as often as necessary to exit route assignments;
maintain their fire retardant prop- (3) Procedures to be followed by em-
erties. ployees who remain to operate critical
(d) Exit routes must be maintained dur- plant operations before they evacuate;
ing construction, repairs, or alterations.
(4) Procedures to account for all em-
(1) During new construction, employees
ployees after evacuation;
must not occupy a workplace until the
(5) Procedures to be followed by em-
exit routes required by this subpart are
ployees performing rescue or medical
completed and ready for employee use
duties; and
for the portion of the workplace they
occupy. (6) The name or job title of every em-
(2) During repairs or alterations, employee who may be contacted by em-
ployees must not occupy a workplace ployees who need more information
unless the exit routes required by this about the plan or an explanation of
subpart are available and existing fire their duties under the plan.
protections are maintained, or until al- (d) Employee alarm system. An em-
ternate fire protection is furnished ployer must have and maintain an em-
that provides an equivalent level of ployee alarm system. The employee
safety. alarm system must use a distinctive
(3) Employees must not be exposed to signal for each purpose and comply
hazards of flammable or explosive sub- with the requirements in § 1910.165.
stances or equipment used during con- (e) Training. An employer must des-
struction, repairs, or alterations, that ignate and train employees to assist in
are beyond the normal permissible con- a safe and orderly evacuation of other
ditions in the workplace, or that would employees.
impede exiting the workplace. (f) Review of emergency action plan. An
(e) An employee alarm system must be employer must review the emergency
operable. Employers must install and action plan with each employee cov-
maintain an operable employee alarm ered by the plan:
system that has a distinctive signal to (1) When the plan is developed or the
warn employees of fire or other emer- employee is assigned initially to a job;
gencies, unless employees can prompt- (2) When the employee’s responsibil-
ly see or smell a fire or other hazard in ities under the plan change; and
time to provide adequate warning to (3) When the plan is changed.
them. The employee alarm system [67 FR 67961, Nov. 7, 2002]
must comply with § 1910.165.
[67 FR 67961, Nov. 7, 2002] § 1910.39 Fire prevention plans.
(a) Application. An employer must
§ 1910.38 Emergency action plans. have a fire prevention plan when an
(a) Application. An employer must OSHA standard in this part requires
have an emergency action plan when- one. The requirements in this section
ever an OSHA standard in this part re- apply to each such fire prevention plan.
150
Occupational Safety and Health Admin., Labor Pt. 1910, Subpt. E, App.
(b) Written and oral fire prevention emergency. The employer should list in de-
plans. A fire prevention plan must be in tail the procedures to be taken by those em-
writing, be kept in the workplace, and ployees who have been selected to remain be-
hind to care for essential plant operations
be made available to employees for re- until their evacuation becomes absolutely
view. However, an employer with 10 or necessary. Essential plant operations may
fewer employees may communicate the include the monitoring of plant power sup-
plan orally to employees. plies, water supplies, and other essential
(c) Minimum elements of a fire preven- services which cannot be shut down for every
tion plan. A fire prevention plan must emergency alarm. Essential plant operations
include: may also include chemical or manufacturing
(1) A list of all major fire hazards, processes which must be shut down in stages
or steps where certain employees must be
proper handling and storage procedures present to assure that safe shut down proce-
for hazardous materials, potential igni- dures are completed.
tion sources and their control, and the The use of floor plans or workplace maps
type of fire protection equipment nec- which clearly show the emergency escape
essary to control each major hazard; routes should be included in the emergency
(2) Procedures to control accumula- action plan. Color coding will aid employees
tions of flammable and combustible in determining their route assignments.
The employer should also develop and ex-
waste materials; plain in detail what rescue and medical first
(3) Procedures for regular mainte- aid duties are to be performed and by whom.
nance of safeguards installed on heat- All employees are to be told what actions
producing equipment to prevent the ac- they are to take in these emergency situa-
cidental ignition of combustible mate- tions that the employer anticipates may
rials; occur in the workplace.
(4) The name or job title of employ- 2. Emergency evacuation. At the time of an
ees responsible for maintaining equip- emergency, employees should know what
type of evacuation is necessary and what
ment to prevent or control sources of their role is in carrying out the plan. In
ignition or fires; and some cases where the emergency is very
(5) The name or job title of employ- grave, total and immediate evacuation of all
ees responsible for the control of fuel employees is necessary. In other emer-
source hazards. gencies, a partial evacuation of nonessential
(d) Employee information. An employer employees with a delayed evacuation of oth-
must inform employees upon initial as- ers may be necessary for continued plant op-
eration. In some cases, only those employees
signment to a job of the fire hazards to
in the immediate area of the fire may be ex-
which they are exposed. An employer pected to evacuate or move to a safe area
must also review with each employee such as when a local application fire suppres-
those parts of the fire prevention plan sion system discharge employee alarm is
necessary for self-protection. sounded. Employees must be sure that they
know what is expected of them in all such
[67 FR 67961, Nov. 7, 2002] emergency possibilities which have been
planned in order to provide assurance of
APPENDIX TO SUBPART E OF PART 1910— their safety from fire or other emergency.
EXIT ROUTES, EMERGENCY ACTION The designation of refuge or safe areas for
PLANS, AND FIRE PREVENTION evacuation should be determined and identi-
PLANS fied in the plan. In a building divided into
fire zones by fire walls, the refuge area may
This appendix serves as a nonmandatory still be within the same building but in a dif-
guideline to assist employers in complying ferent zone from where the emergency oc-
with the appropriate requirements of subpart curs.
E. Exterior refuge or safe areas may include
parking lots, open fields or streets which are
§ 1910.38 Employee emergency plans.
located away from the site of the emergency
1. Emergency action plan elements. The and which provide sufficient space to accom-
emergency action plan should address emer- modate the employees. Employees should be
gencies that the employer may reasonably instructed to move away from the exit dis-
expect in the workplace. Examples are: fire; charge doors of the building, and to avoid
toxic chemical releases; hurricanes; torna- congregating close to the building where
does; blizzards; floods; and others. The ele- they may hamper emergency operations.
ments of the emergency action plan pre- 3. Emergency action plan training. The em-
sented in paragraph 1910.38(c) can be supple- ployer should assure that an adequate num-
mented by the following to more effectively
ber of employees are available at all times

achieve employee safety and health in an during working hours to act as evacuation
151
wardens so that employees can be swiftly standard is concerned. Such combustible ma-
moved from the danger location to the safe terials may be easily ignited by matches,
areas. Generally, one warden for each twenty welder’s sparks, cigarettes and similar low
employees in the workplace should be able to level energy ignition sources.
provide adequate guidance and instruction at 5. Maintenance of equipment under the fire
the time of a fire emergency. The employees prevention plan. Certain equipment is often
selected or who volunteer to serve as war- installed in workplaces to control heat
dens should be trained in the complete work- sources or to detect fuel leaks. An example is
place layout and the various alternative es- a temperature limit switch often found on
cape routes from the workplace. All wardens deep-fat food fryers found in restaurants.
and fellow employees should be made aware There may be similar switches for high tem-
of handicapped employees who may need perature dip tanks, or flame failure and
extra assistance, such as using the buddy flashback arrester devices on furnaces and
system, and of hazardous areas to be avoided similar heat producing equipment. If these
during emergencies. Before leaving, wardens
devices are not properly maintained or if
should check rooms and other enclosed
they become inoperative, a definite fire haz-
spaces in the workplace for employees who
ard exists. Again employees and supervisors
may be trapped or otherwise unable to evac-
should be aware of the specific type of con-
uate the area.
After the desired degree of evacuation is trol devices on equipment involved with
completed, the wardens should be able to ac- combustible materials in the workplace and
count for or otherwise verify that all em- should make sure, through periodic inspec-
ployees are in the safe areas. tion or testing, that these controls are oper-
In buildings with several places of employ- able. Manufacturers’ recommendations
ment, employers are encouraged to coordi- should be followed to assure proper mainte-
nate their plans with the other employers in nance procedures.
the building. A building-wide or standardized [45 FR 60714, Sept. 12, 1980]
plan for the whole building is acceptable pro-
vided that the employers inform their re-
spective employees of their duties and re- Subpart F—Powered Platforms,
sponsibilities under the plan. The standard- Manlifts, and Vehicle-Mount-
ized plan need not be kept by each employer
in the multi-employer building, provided
ed Work Platforms
there is an accessible location within the
building where the plan can be reviewed by AUTHORITY: Secs. 4, 6, and 8 of the Occupa-
affected employees. When multi-employer tional Safety and Health Act of 1970 (29
building-wide plans are not feasible, employ- U.S.C. 653, 655, and 657); Secretary of Labor’s
ers should coordinate their plans with the Order No. 12–71 (36 FR 8754), 8–76 (41 FR
other employers within the building to as- 25059), 9–83 (48 FR 35736), or 1–90 (55 FR 9033),
sure that conflicts and confusion are avoided as applicable; and 29 CFR part 1911.
during times of emergencies. In multi-story
buildings where more than one employer is EFFECTIVE DATE NOTE: At 72 FR 7190, Feb.
on a single floor, it is essential that these 14, 2007, the authority citation to Subpart F
employers coordinate their plans with each was revised, effective Aug. 13, 2007. For the
other to avoid conflicts and confusion. convenience of the user, the revised text is
4. Fire prevention housekeeping. The stand- set forth as follows:
ard calls for the control of accumulations of AUTHORITY: Secs. 4, 6, and 8 of the Occupa-
flammable and combustible waste materials. tional Safety and Health Act of 1970 (29
It is the intent of this standard to assure U.S.C. 653, 655, and 657); Secretary of Labor’s
that hazardous accumulations of combus- Order No. 12–71 (36 FR 8754), 8–76 (41 FR
tible waste materials are controlled so that 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), or
a fast developing fire, rapid spread of toxic 5–2002 (67 FR 65008), as applicable; and 29 CFR
smoke, or an explosion will not occur. This part 1911.
does not necessarily mean that each room
has to be swept each day. Employers and em- § 1910.66 Powered platforms for build-
ployees should be aware of the hazardous ing maintenance.
properties of materials in their workplaces,
and the degree of hazard each poses. Cer- (a) Scope. This section covers powered
tainly oil soaked rags have to be treated dif- platform installations permanently
ferently than general paper trash in office dedicated to interior or exterior build-
areas. However, large accumulations of ing maintenance of a specific structure
waste paper or corrugated boxes, etc., can
or group of structures. This section
pose a significant fire hazard. Accumulations
of materials which can cause large fires or does not apply to suspended scaffolds
generate dense smoke that are easily ignited (swinging scaffolds) used to service
buildings on a temporary basis and
or may start from spontaneous combustion,

are the types of materials with which this covered under subpart D of this part,
152
nor to suspended scaffolds used for con- stallation has been inspected, tested
struction work and covered under sub- and maintained in compliance with the
part L of 29 CFR part 1926. Building requirements of paragraphs (g) and (h)
maintenance includes, but is not lim- of this section and that all protection
ited to, such tasks as window cleaning, anchorages meet the requirements of
caulking, metal polishing and re- paragraph (I)(c)(10) of appendix C.
glazing. (4) The employer shall not permit
(b) Application—(1) New installations. employees to use the installation prior
This section applies to all permanent to receiving assurance from the build-
installations completed after July 23, ing owner that the installation meets
1990. Major modifications to existing the requirements contained in para-
installations completed after that date graphs (c)(1) and (c)(3) of this section.
are also considered new installations (d) Definitions.
under this section. Anemometer means an instrument for
(2) Existing installations. (i) Perma- measuring wind velocity.
nent installations in existence and/or Angulated roping means a suspension
completed before July 23, 1990 shall method where the upper point of sus-
comply with paragraphs (g), (h), (i), (j) pension is inboard from the attach-
and appendix C of this section. ments on the suspended unit, thus
(ii) In addition, permanent installa- causing the suspended unit to bear
tions completed after August 27, 1971, against the face of the building.
and in existence and/or completed be-
Building face roller means a rotating
fore July 23, 1990, shall comply with ap-
cylindrical member designed to ride on
pendix D of this section.
the face of the building wall to prevent
(c) Assurance. (1) Building owners of
the platform from abrading the face of
new installations shall inform the em-
the building and to assist in stabilizing
ployer before each use in writing that
the platform.
the installation meets the require-
Building maintenance means oper-
ments of paragraphs (e)(1) and (f)(1) of
ations such as window cleaning, caulk-
this section and the additional design
ing, metal polishing, reglazing, and
criteria contained in other provisions
general maintenance on building sur-
of paragraphs (e) and (f) of this section
faces.
relating to: required load sustaining
capabilities of platforms, building com- Cable means a conductor, or group of
ponents, hoisting and supporting equip- conductors, enclosed in a weatherproof
ment; stability factors for carriages, sheath, that may be used to supply
platforms and supporting equipment; electrical power and/or control current
maximum horizontal force for move- for equipment or to provide voice com-
ment of carriages and davits; design of munication circuits.
carriages, hoisting machines, wire rope Carriage means a wheeled vehicle
and stabilization systems; and design used for the horizontal movement and
criteria for electrical wiring and equip- support of other equipment.
ment. Certification means a written, signed
(2) Building owners shall base the in- and dated statement confirming the
formation required in paragraph (c)(1) performance of a requirement of this
of this section on the results of a field section.
test of the installation before being Combination cable means a cable hav-
placed into service and following any ing both steel structural members ca-
major alteration to an existing instal- pable of supporting the platform, and
lation, as required in paragraph (g)(1) copper or other electrical conductors
of this section. The assurance shall insulated from each other and the
also be based on all other relevant structural members by nonconductive
available information, including, but barriers.
not limited to, test data, equipment Competent person means a person who,
specifications and verification by a because of training and experience, is
registered professional engineer. capable of identifying hazardous or
(3) Building owners of all installa- dangerous conditions in powered plat-
tions, new and existing, shall inform form installations and of training em-
the employer in writing that the in- ployees to identify such conditions.
153
Continuous pressure means the need Lanyard means a flexible line of rope,
for constant manual actuation for a wire rope or strap which is used to se-
control to function. cure the body belt or body harness to a
Control means a mechanism used to deceleration device, lifeline or anchor-
regulate or guide the operation of the age.
equipment. Lifeline means a component con-
Davit means a device, used singly or sisting of a flexible line for connection
in pairs, for suspending a powered plat- to an anchorage at one end to hang
form from work, storage and rigging vertically (vertical lifeline), or for con-
locations on the building being serv- nection to anchorages at both ends to
iced. Unlike outriggers, a davit reacts stretch horizontally (horizontal life-
its operating load into a single roof line), and which serves as a means for
socket or carriage attachment. connecting other components of a per-
Equivalent means alternative designs, sonal fall arrest system to the anchor-
materials or methods which the em- age.
ployer can demonstrate will provide an Live load means the total static
equal or greater degree of safety for weight of workers, tools, parts, and
employees than the methods, materials supplies that the equipment is designed
or designs specified in the standard. to support.
Ground rigging means a method of Obstruction detector means a control
suspending a working platform start- that will stop the suspended or sup-
ing from a safe surface to a point of ported unit in the direction of travel if
suspension above the safe surface. an obstruction is encountered, and will
Ground rigged davit means a davit allow the unit to move only in a direc-
which cannot be used to raise a sus- tion away from the obstruction.
pended working platform above the Operating control means a mechanism
building face being serviced. regulating or guiding the operation of
Guide button means a building face equipment that ensures a specific oper-
anchor designed to engage a guide ating mode.
track mounted on a platform. Operating device means a device actu-
Guide roller means a rotating cylin- ated manually to activate a control.
drical member, operating separately or Outrigger means a device, used singly
as part of a guide assembly, designed to or in pairs, for suspending a working
provide continuous engagement be- platform from work, storage, and rig-
tween the platform and the building ging locations on the building being
guides or guideways. serviced. Unlike davits, an outrigger
Guide shoe means a device attached reacts its operating moment load as at
to the platform designed to provide a least two opposing vertical components
sliding contact between the platform acting into two or more distinct roof
and the building guides. points and/or attachments.
Hoisting machine means a device in- Platform rated load means the com-
tended to raise and lower a suspended bined weight of workers, tools, equip-
or supported unit. ment and other material which is per-
Hoist rated load means the hoist man- mitted to be carried by the working
ufacturer’s maximum allowable oper- platform at the installation, as stated
ating load. on the load rating plate.
Installation means all the equipment Poured socket means the method of
and all affected parts of a building providing wire rope terminations in
which are associated with the perform- which the ends of the rope are held in
ance of building maintenance using a tapered socket by means of poured
powered platforms. spelter or resins.
Interlock means a device designed to Primary brake means a brake designed
ensure that operations or motions to be applied automatically whenever
occur in proper sequence. power to the prime mover is inter-
Intermittent stabilization means a rupted or discontinued.
method of platform stabilization in Prime mover means the source of me-
which the angulated suspension wire chanical power for a machine.
rope(s) are secured to regularly spaced Rated load means the manufacturer’s
building anchors. recommended maximum load.
154
Rated strength means the strength of working position by means of ropes or

wire rope, as designated by its manu- combination cables attached to some
facturer or vendor, based on standard anchorage above the equipment.
testing procedures or acceptable engi- Suspended scaffold (swinging scaffold)
neering design practices. means a scaffold supported on wire or
Rated working load means the com- other ropes, used for work on, or for
bined static weight of men, materials, providing access to, vertical sides of
and suspended or supported equipment. structures on a temporary basis. Such
Registered professional engineer means scaffold is not designed for use on a
a person who has been duly and cur- specific structure or group of struc-
rently registered and licensed by an au- tures.
thority within the United States or its Tail line means the nonsupporting
territories to practice the profession of end of the wire rope used to suspend
engineering. the platform.
Roof powered platform means a work- Tie-in guides means the portion of a
ing platform where the hoist(s) used to building that provides continuous posi-
raise or lower the platform is located tive engagement between the building
on the roof. and a suspended or supported unit dur-
Roof rigged davit means a davit used ing its vertical travel on the face of the
to raise the suspended working plat- building.
form above the building face being Traction hoist means a type of hoist-
serviced. This type of davit can also be ing machine that does not accumulate
used to raise a suspended working plat- the suspension wire rope on the hoist-
form which has been ground-rigged. ing drum or sheave, and is designed to
Rope means the equipment used to raise and lower a suspended load by the
suspend a component of an equipment application of friction forces between
installation, i.e., wire rope. the suspension wire rope and the drum
Safe surface means a horizontal sur- or sheave.
face intended to be occupied by per- Transportable outriggers means out-
sonnel, which is so protected by a fall riggers designed to be moved from one
protection system that it can be rea- work location to another.
sonably assured that said occupants
Trolley carriage means a carriage sus-
will be protected against falls.
pended from an overhead track struc-
Secondary brake means a brake de-
ture.
signed to arrest the descent of the sus-
pended or supported equipment in the Verified means accepted by design,
event of an overspeed condition. evaluation, or inspection by a reg-
Self powered platform means a work- istered professional engineer.
ing platform where the hoist(s) used to Weatherproof means so constructed
raise or lower the platform is mounted that exposure to adverse weather con-
on the platform. ditions will not affect or interfere with
Speed reducer means a positive type the proper use or functions of the
speed reducing machine. equipment or component.
Stability factor means the ratio of the Winding drum hoist means a type of
stabilizing moment to the overturning hoisting machine that accumulates the
moment. suspension wire rope on the hoisting
Stabilizer tie means a flexible line drum.
connecting the building anchor and the Working platform means suspended or
suspension wire rope supporting the supported equipment intended to pro-
platform. vide access to the face of a building and
Supported equipment means building manned by persons engaged in building
maintenance equipment that is held or maintenance.
moved to its working position by Wrap means one complete turn of the
means of attachment directly to the suspension wire rope around the sur-
building or extensions of the building face of a hoist drum.
being maintained. (e) Powered platform installations—Af-
Suspended equipment means building fected parts of buildings—(1) General re-
maintenance equipment that is sus- quirements. The following requirements
pended and raised or lowered to its apply to affected parts of buildings
155
which utilize working platforms for same building, provided the require-
building maintenance. ments for each system are met.
(i) Structural supports, tie-downs, (1) The maximum vertical interval
tie-in guides, anchoring devices and between building anchors shall be three
any affected parts of the building in- floors or 50 feet (15.3 m), whichever is
cluded in the installation shall be de- less.
signed by or under the direction of a (2) Building anchors shall be located
registered professional engineer experi- vertically so that attachment of the
enced in such design; stabilizer ties will not cause the plat-
(ii) Exterior installations shall be ca- form suspension ropes to angulate the
pable of withstanding prevailing cli- platform horizontally across the face of
matic conditions; the building. The anchors shall be posi-
(iii) The building installation shall tioned horizontally on the building
provide safe access to, and egress from, face so as to be symmetrical about the
the equipment and sufficient space to platform suspension ropes.
conduct necessary maintenance of the (3) Building anchors shall be easily
equipment; visible to employees and shall allow a
(iv) The affected parts of the building stabilizer tie attachment for each of
shall have the capability of sustaining the platform suspension ropes at each
all the loads imposed by the equip- vertical interval. If more than two sus-
ment; and, pension ropes are used on a platform,
(v) The affected parts of the building only the two building-side suspension
shall be designed so as to allow the ropes at the platform ends shall require
equipment to be used without exposing a stabilizer attachment.
employees to a hazardous condition. (4) Building anchors which extend be-
(2) Tie-in guides. (i) The exterior of yond the face of the building shall be
each building shall be provided with free of sharp edges or points. Where ca-
tie-in guides unless the conditions in bles, suspension wire ropes and lifelines
paragraph (e)(2)(ii) or (e)(2)(iii) of this may be in contact with the building
section are met. face, external building anchors shall
NOTE: See Figure 1 in appendix B of this not interfere with their handling or op-
section for a description of a typical contin- eration.
uous stabilization system utilizing tie-in (5) The intermittent stabilization
guides. system building anchors and compo-
(ii) If angulated roping is employed, nents shall be capable of sustaining
tie-in guides required in paragraph without failure at least four times the
(e)(2)(i) of this section may be elimi- maximum anticipated load applied or
nated for not more than 75 feet (22.9 m) transmitted to the components and an-
of the uppermost elevation of the chors. The minimum design wind load
building, if infeasible due to exterior for each anchor shall be 300 (1334 n)
building design, provided an angulation pounds, if two anchors share the wind
force of at least 10 pounds (44.4 n) is load.
maintained under all conditions of (6) The building anchors and sta-
loading. bilizer ties shall be capable of sus-
(iii) Tie-in guides required in para- taining anticipated horizontal and
graph (e)(2)(i) of this section may be vertical loads from winds specified for
eliminated if one of the guide systems roof storage design which may act on
in paragraph (e)(2)(iii)(A), (e)(2)(iii)(B) the platform and wire ropes if the plat-
or (e)(2)(iii)(C) of this section is pro- form is stranded on a building face. If
vided, or an equivalent. the building anchors have different
(A) Intermittent stabilization sys- spacing than the suspension wire rope
tem. The system shall keep the equip- or if the building requires different sus-
ment in continuous contact with the pension spacings on one platform, one
building facade, and shall prevent sud- building anchor and stabilizer tie shall
den horizontal movement of the plat- be capable of sustaining the wind loads.
form. The system may be used together NOTE: See Figure 2 in appendix B of this
with continuous positive building guide section for a description of a typical inter-
systems using tie-in guides on the mittent stabilization system.
156
(B) Button guide stabilization sys- paragraphs (e)(2)(iii) (A), (B) and (C), or
tem. a platform tie-off at each work station
(1) Guide buttons shall be coordi- will provide equivalent safety.
nated with platform mounted equip- (3) Roof guarding. (i) Employees
ment of paragraph (f)(5)(vi) of this sec- working on roofs while performing
tion. building maintenance shall be pro-
(2) Guide buttons shall be located tected by a perimeter guarding system
horizontally on the building face so as which meets the requirements of para-
to allow engagement of each of the graph (c)(1) of § 1910.23 of this part.
guide tracks mounted on the platform.
(3) Guide buttons shall be located in (ii) The perimeter guard shall not be
vertical rows on the building face for more than six inches (152 mm) inboard
proper engagement of the guide tracks of the inside face of a barrier, i.e. the
mounted on the platform. parapet wall, or roof edge curb of the
(4) Two guide buttons shall engage building being serviced; however, the
each guide track at all times except for perimeter guard location shall not ex-
the initial engagement. ceed an 18 inch (457 mm) setback from
(5) Guide buttons which extend be- the exterior building face.
yond the face of the building shall be (4) Equipment stops. Operational areas
free of sharp edges or points. Where ca- for trackless type equipment shall be
bles, ropes and lifelines may be in con- provided with structural stops, such as
tact with the building face, guide but- curbs, to prevent equipment from trav-
tons shall not interfere with their han- eling outside its intended travel areas
dling or operation. and to prevent a crushing or shearing
(6) Guide buttons, connections and hazard.
seals shall be capable of sustaining (5) Maintenance access. Means shall be
without damage at least the weight of provided to traverse all carriages and
the platform, or provision shall be their suspended equipment to a safe
made in the guide tracks or guide area for maintenance and storage.
track connectors to prevent the plat-
(6) Elevated track. (i) An elevated
form and its attachments from trans-
track system which is located four feet
mitting the weight of the platform to
(1.2 m) or more above a safe surface,
the guide buttons, connections and
and traversed by carriage supported
seals. In either case, the minimum de-
sign load shall be 300 pounds (1334 n) equipment, shall be provided with a
per building anchor. walkway and guardrail system; or
(ii) The working platform shall be ca-
NOTE: See paragraph (f)(5)(vi) of this sec- pable of being lowered, as part of its
tion for relevant equipment provisions.
normal operation, to the lower safe
NOTE: See Figure 3 in appendix B of this
section for a description of a typical button surface for access and egress of the per-
guide stabilization system. sonnel and shall be provided with a safe
means of access and egress to the lower
(C) System utilizing angulated roping safe surface.
and building face rollers. The system
(7) Tie-down anchors. Imbedded tie-
shall keep the equipment in continuous
down anchors, fasteners, and affected
contact with the building facade, and
shall prevent sudden horizontal move- structures shall be resistant to corro-
ment of the platform. This system is sion.
acceptable only where the suspended (8) Cable stabilization. (i) Hanging life-
portion of the equipment in use does lines and all cables not in tension shall
not exceed 130 feet (39.6 m) above a safe be stabilized at each 200 foot (61 m) in-
surface or ground level, and where the terval of vertical travel of the working
platform maintains no less than 10 platform beyond an initial 200 foot (61
pounds (44.4 n) angulation force on the m) distance.
building facade. (ii) Hanging cables, other than sus-
(iv) Tie-in guides for building inte- pended wire ropes, which are in con-
riors (atriums) may be eliminated stant tension shall be stabilized when
when a registered professional engineer the vertical travel exceeds an initial
determines that an alternative sta- 600 foot (183 m) distance, and at further
bilization system, including systems in intervals of 600 feet (183 m) or less.
157
(9) Emergency planning. A written to allow the operators of the equip-

emergency action plan shall be devel- ment access to the switch;
oped and implemented for each kind of (v) The disconnect switch for the
working platform operation. This plan power circuit shall be locked in the
shall explain the emergency procedures ‘‘ON’’ position when the equipment is
which are to be followed in the event of in use; and
a power failure, equipment failure or (vi) An effective two-way voice com-
other emergencies which may be en- munication system shall be provided
countered. The plan shall also explain between the equipment operators and
that employees inform themselves
persons stationed within the building
about the building emergency escape
being serviced. The communications
routes, procedures and alarm systems
before operating a platform. Upon ini- facility shall be operable and shall be
tial assignment and whenever the plan manned at all times by persons sta-
is changed the employer shall review tioned within the building whenever
with each employee those parts of the the platform is being used.
plan which the employee must know to (f) Powered platform installations—
protect himself or herself in the event Equipment—(1) General requirements.
of an emergency. The following requirements apply to
(10) Building maintenance. Repairs or equipment which are part of a powered
major maintenance of those building platform installation, such as plat-
portions that provide primary support forms, stabilizing components, car-
for the suspended equipment shall not riages, outriggers, davits, hoisting ma-
affect the capability of the building to chines, wire ropes and electrical com-
meet the requirements of this stand- ponents.
ard. (i) Equipment installations shall be
(11) Electrical requirements. The fol- designed by or under the direction of a
lowing electrical requirements apply to registered professional engineer experi-
buildings which utilize working plat- enced in such design;
forms for building maintenance.
(ii) The design shall provide for a
(i) General building electrical instal-
minimum live load of 250 pounds (113.6
lations shall comply with §§ 1910.302
through 1910.308 of this part, unless kg) for each occupant of a suspended or
otherwise specified in this section; supported platform;
(ii) Building electrical wiring shall be (iii) Equipment that is exposed to
of such capacity that when full load is wind when not in service shall be de-
applied to the equipment power circuit signed to withstand forces generated
not more than a five percent drop from by winds of at least 100 miles per hour
building service-vault voltage shall (44.7 m/s) at 30 feet (9.2 m) above grade;
occur at any power circuit outlet used and
by equipment regulated by this sec- (iv) Equipment that is exposed to
tion; wind when in service shall be designed
(iii) The equipment power circuit to withstand forces generated by winds
shall be an independent electrical cir- of at least 50 miles per hour (22.4 m/s)
cuit that shall remain separate from for all elevations.
all other equipment within or on the (2) Construction requirements. Bolted
building, other than power circuits connections shall be self-locking or
used for hand tools that will be used in shall otherwise be secured to prevent
conjunction with the equipment. If the loss of the connections by vibration.
building is provided with an emergency
(3) Suspension methods. Elevated
power system, the equipment power
building maintenance equipment shall
circuit may also be connected to this
system; be suspended by a carriage, outriggers,
(iv) The power circuit shall be pro- davits or an equivalent method.
vided with a disconnect switch that (i) Carriages. Carriages used for sus-
can be locked in the ‘‘OFF’’ and ‘‘ON’’ pension of elevated building mainte-
positions. The switch shall be conven- nance equipment shall comply with the
iently located with respect to the pri- following:
mary operating area of the equipment
158
(A) The horizontal movement of a parts of the installation shall be capa-

carriage shall be controlled so as to en- ble of withstanding without damage to
sure its safe movement and allow accu- any part of the installation the forces
rate positioning of the platform for resulting from the stall load of the
vertical travel or storage; hoist and one half the wind load.
(B) Powered carriages shall not ex- (3) Roof carriages which rely on hav-
ceed a traversing speed of 50 feet per ing tie-down devices secured to the
minute (0.3 m/s); building to develop the required sta-
(C) The initiation of a traversing bility against overturning shall be pro-
movement for a manually propelled vided with an interlock which will pre-
carriage on a smooth level surface vent vertical platform movement un-
shall not require a person to exert a less the tie-down is engaged;
horizontal force greater than 40 pounds (H) An automatically applied braking
(444.8 n); or locking system, or equivalent, shall
(D) Structural stops and curbs shall be provided that will prevent uninten-
be provided to prevent the traversing tional traversing of power traversed or
of the carriage beyond its designed lim- power assisted carriages;
its of travel; (I) A manual or automatic braking or
(E) Traversing controls for a powered locking system or equivalent, shall be
carriage shall be of a continuous pres- provided that will prevent uninten-
sure weatherproof type. Multiple con- tional traversing of manually propelled
trols when provided shall be arranged carriages;
to permit operation from only one con-
(J) A means to lock out the power
trol station at a time. An emergency
supply for the carriage shall be pro-
stop device shall be provided on each
vided;
end of a powered carriage for inter-
(K) Safe access to and egress from
rupting power to the carriage drive mo-
the carriage shall be provided from a
tors;
safe surface. If the carriage traverses
(F) The operating controls(s) shall be
an elevated area, any operating area on
so connected that in the case of sus-
the carriage shall be protected by a
pended equipment, traversing of a car-
guardrail system in compliance with
riage is not possible until the sus-
the provisions of paragraph (f)(5)(i)(F)
pended portion of the equipment is lo-
of this section. Any access gate shall
cated at its uppermost designed posi-
be self-closing and self-latching, or pro-
tion for traversing; and is free of con-
vided with an interlock;
tact with the face of the building or
building guides. In addition, all protec- (L) Each carriage work station posi-
tive devices and interlocks are to be in tion shall be identified by location
the proper position to allow traversing markings and/or position indicators;
of the carriage; and
(G) Stability for underfoot supported (M) The motors shall stall if the load
carriages shall be obtained by gravity, on the hoist motors is at any time in
by an attachment to a structural sup- excess of three times that necessary for
port, or by a combination of gravity lifting the working platform with its
and a structural support. The use of rated load.
flowing counterweights to achieve sta- (ii) Transportable outriggers. (A)
bility is prohibited. Transportable outriggers may be used
(1) The stability factor against over- as a method of suspension for ground
turning shall not be less than two for rigged working platforms where the
horizontal traversing of the carriage, point of suspension does not exceed 300
including the effects of impact and feet (91.5 m) above a safe surface. Tie-
wind. in guide system(s) shall be provided
(2) The carriages and their anchor- which meet the requirements of para-
ages shall be capable of resisting acci- graph (e)(2) of this section.
dental over-tensioning of the wire (B) Transportable outriggers shall be
ropes suspending the working platform, used only with self-powered, ground
and this calculated value shall include rigged working platforms.
the effect of one and one-half times the (C) Each transportable outrigger
stall capacity of the hoist motor. All shall be secured with a tie-down to a
159
verified anchorage on the building dur- safe surface below the point of suspen-
ing the entire period of its use. The an- sion.
chorage shall be designed to have a sta- (D) A rotating davit shall not require
bility factor of not less than four a horizontal force in excess of 40
against overturning or upsetting of the pounds (177.9 n) per person to initiate a
outrigger. rotating movement.
(D) Access to and egress from the (E) The following requirements shall
working platform shall be from and to apply to transportable davits:
a safe surface below the point of sus- (1) A davit or part of a davit weighing
pension. more than 80 pounds (36 kg) shall be
(E) Each transportable outrigger provided with a means for its trans-
shall be designed for lateral stability port, which shall keep the center of
to prevent roll-over in the event an ac- gravity of the davit at or below 36
cidental lateral load is applied to the inches (914 mm) above the safe surface
outrigger. The accidental lateral load during transport;
to be considered in this design shall be (2) A davit shall be provided with a
not less than 70 percent of the rated pivoting socket or with a base that will
load of the hoist. allow the insertion or removal of a
(F) Each transportable outrigger davit at a position of not more than 35
shall be designed to support an ulti- degrees above the horizontal, with the
mate load of not less than four times complete davit inboard of the building
the rated load of the hoist. face being serviced; and
(G) Each transportable outrigger (3) Means shall be provided to lock
shall be so located that the suspension the davit to its socket or base before it
wire ropes for two point suspended is used to suspend the platform.
working platforms are hung parallel. (4) Hoisting machines. (i) Raising and
(H) A transportable outrigger shall lowering of suspended or supported
be tied-back to a verified anchorage on equipment shall be performed only by a
the building with a rope equivalent in hoisting machine.
strength to the suspension rope. (ii) Each hoisting machine shall be
capable of arresting any overspeed de-
(I) The tie-back rope shall be in-
scent of the load.
stalled parallel to the centerline of the
(iii) Each hoisting machine shall be
outrigger.
powered only by air, electric or hy-
(iii) Davits. (A) Every davit installa-
draulic sources.
tion, fixed or transportable, rotatable
(iv) Flammable liquids shall not be
or non-rotatable shall be designed and
carried on the working platform.
installed to insure that it has a sta-
(v) Each hoisting machine shall be
bility factor against overturning of not
capable of raising or lowering 125 per-
less than four.
cent of the rated load of the hoist.
(B) The following requirements apply (vi) Moving parts of a hoisting ma-
to roof rigged davit systems: chine shall be enclosed or guarded in
(1) Access to and egress from the compliance with paragraphs (a)(1) and
working platform shall be from a safe (2) of § 1910.212 of this part.
surface. Access or egress shall not re- (vii) Winding drums, traction drums
quire persons to climb over a building’s and sheaves and directional sheaves
parapet or guard railing; and used in conjunction with hoisting ma-
(2) The working platform shall be chines shall be compatible with, and
provided with wheels, casters or a car- sized for, the wire rope used.
riage for traversing horizontally. (viii) Each winding drum shall be
(C) The following requirements apply provided with a positive means of at-
to ground rigged davit systems: taching the wire rope to the drum. The
(1) The point of suspension shall not attachment shall be capable of devel-
exceed 300 feet (91.5 m) above a safe oping at least four times the rated load
surface. Guide system(s) shall be proof the hoist.
vided which meet the requirements of (ix) Each hoisting machine shall be
paragraph (e)(2) of this section; provided with a primary brake and at
(2) Access and egress to and from the least one independent secondary brake,
working platform shall only be from a each capable of stopping and holding
160
not less than 125 percent of the lifting following methods, or by an equivalent
capacity of the hoist. method:
(A) The primary brake shall be di- (1) Continuous engagement to build-
rectly connected to the drive train of ing anchors as provided in paragraph
the hoisting machine, and shall not be (e)(2)(i) of this section;
connected through belts, chains, (2) Intermittent engagement to build-
clutches, or set screw type devices. The ing anchors as provided in paragraph
brake shall automatically set when (e)(2)(iii)(A) of this section;
power to the prime mover is inter- (3) Button guide engagement as pro-
rupted. vided in paragraph (e)(2)(iii)(B) of this
(B)(1) The secondary brake shall be section; or
an automatic emergency type of brake (4) Angulated roping and building
that, if actuated during each stopping face rollers as provided in paragraph
cycle, shall not engage before the hoist (e)(2)(iii)(C) of this section.
is stopped by the primary brake. (G) Each working platform of a sus-
(2) When a secondary brake is actu- pended unit shall be provided with a
ated, it shall stop and hold the plat- guardrail system on all sides which
form within a vertical distance of 24 shall meet the following requirements:
inches (609.6 mm). (1) The system shall consist of a top
(x) Any component of a hoisting ma- guardrail, midrail, and a toeboard;
chine which requires lubrication for its (2) The top guardrail shall not be less
protection and proper functioning shall than 36 inches (914 mm) high and shall
be provided with a means for that lu- be able to withstand at least a 100-
brication to be applied. pound (444 n) force in any downward or
(5) Suspended equipment—(i) General outward direction;
requirements. (A) Each suspended unit (3) The midrail shall be able to with-
component, except suspension ropes stand at least a 75-pound (333 n) force
and guardrail systems, shall be capable in any downward or outward direction;
of supporting, without failure, at least and
four times the maximum intended live (4) The areas between the guardrail
load applied or transmitted to that and toeboard on the ends and outboard
component. side, and the area between the midrail
(B) Each suspended unit component and toeboard on the inboard side, shall
shall be constructed of materials that be closed with a material that is capa-
will withstand anticipated weather ble of withstanding a load of 100 pounds
conditions. (45.4 KG.) applied horizontally over any
(C) Each suspended unit shall be pro- area of one square foot (.09 m2). The
vided with a load rating plate, con- material shall have all openings small
spicuously located, stating the unit enough to reject passage of life lines
weight and rated load of the suspended and potential falling objects which
unit. may be hazardous to persons below.
(D) When the suspension points on a (5) Toeboards shall be capable of
suspended unit are not at the unit withstanding, without failure, a force
ends, the unit shall be capable of re- of at least 50 pounds (222 n) applied in
maining continuously stable under all any downward or horizontal direction
conditions of use and position of the at any point along the toeboard.
live load, and shall maintain at least a (6) Toeboards shall be three and one-
1.5 to 1 stability factor against unit half inches (9 cm) minimum in length
upset. from their top edge to the level of the
(E) Guide rollers, guide shoes or platform floor.
building face rollers shall be provided, (7) Toeboards shall be securely fas-
and shall compensate for variations in tened in place at the outermost edge of
building dimensions and for minor hor- the platform and have no more than
izontal out-of-level variations of each one-half inch (1.3 cm) clearance above
suspended unit. the platform floor.
(F) Each working platform of a sus- (8) Toeboards shall be solid or with
pended unit shall be secured to the an opening not over one inch (2.5 cm)
building facade by one or more of the in the greatest dimension.
161
(ii) Two and four-point suspended of subpart D of this part. Access gates
working platforms. (A) The working shall be self-closing and self-latching.
platform shall be not less than 24 (K) Means of access to or egress from
inches (610 mm) wide and shall be pro- a working platform which is 48 inches
vided with a minimum of a 12 inch (305 (1.2 m) or more above a safe surface
mm) wide passage at or past any ob- shall be provided with a guardrail sys-
struction on the platform. tem or ladder handrails that conform
(B) The flooring shall be of a slip-re- to the provisions of subpart D of this
sistant type and shall contain no open- part.
ing that would allow the passage of life (L) The platform shall be provided
lines, cables and other potential falling with a secondary wire rope suspension
objects. If a larger opening is provided, system if the platform contains over-
it shall be protected by placing a mate- head structures which restrict the
rial under the opening which shall pre- emergency egress of employees. A hori-
vent the passage of life lines, cables zontal lifeline or a direct connection
and potential falling objects. anchorage shall be provided, as part of
(C) The working platfrom shall be a fall arrest system which meets the
provided with a means of suspension requirements of appendix C, for each
that will restrict the platform’s in- employee on such a platform.
board to outboard roll about its longi- (M) A vertical lifeline shall be pro-
tudinal axis to a maximum of 15 de- vided as part of a fall arrest system
grees from a horizontal plane when which meets the requirements of ap-
moving the live load from the inboard pendix C, for each employee on a work-
to the outboard side of the platform. ing platform suspended by two or more
(D) Any cable suspended from above wire ropes, if the failure of one wire
the platform shall be provided with a rope or suspension attachment will
means for storage to prevent accumu- cause the platform to upset. If a sec-
lation of the cable on the floor of the ondary wire rope suspension is used,
platform. vertical lifelines are not required for
(E) All operating controls for the the fall arrest system, provided that
vertical travel of the platform shall be each employee is attached to a hori-
of the continuous-pressure type, and zontal lifeline anchored to the plat-
shall be located on the platform. form.
(F) Each operating station of every (N) An emergency electric operating
working platform shall be provided device shall be provided on roof pow-
with a means of interrupting the power ered platforms near the hoisting ma-
supply to all hoist motors to stop any chine for use in the event of failure of
further powered ascent or descent of the normal operating device located on
the platform. the working platform, or failure of the
(G) The maximum rated speed of the cable connected to the platform. The
platform shall not exceed 50 feet per emergency electric operating device
minute (0.3 ms) with single speed shall be mounted in a secured compart-
hoists, nor 75 feet per minute (0.4 ms) ment, and the compartment shall be la-
with multi-speed hoists. beled with instructions for use. A
(H) Provisions shall be made for se- means for opening the compartment
curing all tools, water tanks, and other shall be mounted in a break-glass
accessories to prevent their movement receptable located near the emergency
or accumulation on the floor of the electric operating device or in an
platform. equivalent secure and accessible loca-
(I) Portable fire extinguishers con- tion.
forming to the provisions of § 1910.155 (iii) Single point suspended working
and § 1910.157 of this part shall be pro- platforms. (A) The requirements of
vided and securely attached on all paragraphs (f)(5)(ii) (A) through (K) of
working platforms. this section shall also apply to a single
(J) Access to and egress from a work- point working platform.
ing platfrom, except for those that land (B) Each single point suspended
directly on a safe surface, shall be pro- working platform shall be provided
vided by stairs, ladders, platforms and with a secondary wire rope suspension
runways conforming to the provisions system, which will prevent the working
162
platform from falling should there be a ed equipment and wire ropes shall be
failure of the primary means of sup- able to withstand a load that is at least
port, or if the platform contains over- twice the ultimate strength of the sta-
head structures which restrict the bilizer tie.
egress of the employees. A horizontal NOTE: See Figure II in appendix B of this
life line or a direct connection anchor- section for a description of a typical inter-
age shall be provided, as part of a fall mittent stabilization system.
arrest system which meets the require-
ments of appendix C, for each employee (vi) Button-guide stabilized platforms.
(A) The platform shall comply with
on the platform.
paragraphs (f)(5)(ii) (A) through (M) of
(iv) Ground-rigged working platforms.
this section.
(A) Groundrigged working platforms
(B) Each guide track on the platform
shall comply with all the requirements
shall engage a minimum of two guide
of paragraphs (f)(5)(ii) (A) through (M)
buttons during any vertical travel of
of this section.
the platform following the initial but-
(B) After each day’s use, the power
ton engagement.
supply within the building shall be dis-
(C) Each guide track on a platform
connected from a ground-rigged work-
that is part of a roof rigged system
ing platform, and the platform shall be
shall be provided with a storage posi-
either disengaged from its suspension
tion on the platform.
points or secured and stored at grade.
(D) Each guide track on the platform
(v) Intermittently stabilized platforms.
shall be sufficiently maneuverable by
(A) The platform shall comply with
platform occupants to permit easy en-
paragraphs (F)(5)(ii) (A) through (M) of
gagement of the guide buttons, and
this section.
easy movement into and out of its stor-
(B) Each stabilizer tie shall be
age position on the platform.
equipped with a ‘‘quick connect-quick (E) Two guide tracks shall be mount-
disconnect’’ device which cannot be ed on the platform and shall provide
accidently disengaged, for attachment continuous contact with the building
to the building anchor, and shall be re- face.
sistant to adverse environmental con- (F) The load carrying components of
ditions. the button guide stabilization system
(C) The platform shall be provided which transmit the load into the plat-
with a stopping device that will inter- form shall be capable of supporting the
rupt the hoist power supply in the weight of the platform, or provision
event the platform contacts a sta- shall be made in the guide track con-
bilizer tie during its ascent. nectors or platform attachments to
(D) Building face rollers shall not be prevent the weight of the platform
placed at the anchor setting if exterior from being transmitted to the platform
anchors are used on the building face. attachments.
(E) Stabilizer ties used on intermit-
tently stabilized platforms shall allow NOTE: See Figure III in appendix B of this
for the specific attachment length section for a description of a typical button
needed to effect the predetermined an- guide stabilization system.
gulation of the suspended wire rope. (6) Supported equipment. (i) Supported
The specific attachment length shall equipment shall maintain a vertical
be maintained at all building anchor position in respect to the face of the
locations. building by means other than friction.
(F) The platform shall be in contin- (ii) Cog wheels or equivalent means
uous contact with the face of the build- shall be incorporated to provide climb-
ing during ascent and descent. ing traction between the supported
(G) The attachment and removal of equipment and the building guides. Ad-
stabilizer ties shall not require the hor- ditional guide wheels or shoes shall be
izontal movement of the platform. incorporated as may be necessary to
(H) The platform-mounted equipment ensure that the drive wheels are con-
and its suspension wire ropes shall not tinuously held in positive engagement
be physically damaged by the loads with the building guides.
from the stabilizer tie or its building (iii) Launch guide mullions indexed
anchor. The platform, platform mount- to the building guides and retained in
163
alignment with the building guides (E) The manufacturer’s rated

shall be used to align drive wheels en- strength;
tering the building guides. (F) The manufacturer’s name;
(iv) Manned platforms used on sup- (G) The month and year the ropes
ported equipment shall comply with were installed; and
the requirements of paragraphs (H) The name of the person or com-
(f)(5)(ii)(A), (f)(5)(ii)(B), and (f)(5)(ii) (D) pany which installed the ropes.
through (K) of this section covering (vii) A new tag shall be installed at
suspended equipment. each rope renewal.
(7) Suspension wire ropes and rope con- (viii) The original tag shall be
nections. (i) Each specific installation stamped with the date of the
shall use suspension wire ropes or com- resocketing, or the original tag shall
bination cable and connections meet- be retained and a supplemental tag
ing the specification recommended by shall be provided when ropes are
the manufacturer of the hoisting ma- resocketed. The supplemental tag shall
chine used. Connections shall be capa- show the date of resocketing and the
ble of developing at least 80 percent of name of the person or company that
the rated breaking strength of the wire resocketed the rope.
rope. (ix) Winding drum type hoists shall
(ii) Each suspension rope shall have a contain at least three wraps of the sus-
‘‘Design Factor’’ of at least 10. The pension wire rope on the drum when
‘‘Design Factor’’ is the ratio of the the suspended unit has reached the
rated strength of the suspension wire lowest possible point of its vertical
rope to the rated working load, and travel.
shall be calculated using the following (x) Traction drum and sheave type
formula: hoists shall be provided with a wire
rope of sufficient length to reach the
S ( N) lowest possible point of vertical travel
F= of the suspended unit, and an addi-
W tional length of the wire rope of at
least four feet (1.2 m).
Where:
(xi) The lengthening or repairing of
F = Design factor suspension wire ropes is prohibited.
S = Manufacturer’s rated strength of one
suspension rope
(xii) Babbitted fastenings for suspen-
N = Number of suspension ropes under load sion wire rope are prohibited.
W = Rated working load on all ropes at any (8) Control circuits, power circuits and
point of travel their components. (i) Electrical wiring
and equipment shall comply with sub-
(iii) Suspension wire rope grade shall part S of this part, except as otherwise
be at least improved plow steel or required by this section.
equivalent. (ii) Electrical runway conductor sys-
(iv) Suspension wire ropes shall be tems shall be of a type designed for use
sized to conform with the required de- in exterior locations, and shall be lo-
sign factor, but shall not be less than 5/ cated so that they do not come into
16 inch (7.94 mm) in diameter. contact with accumulated snow or
(v) No more than one reverse bend in water.
six wire rope lays shall be permitted. (iii) Cables shall be protected against
(vi) A corrosion-resistant tag shall be damage resulting from overtensioning
securely attached to one of the wire or from other causes.
rope fastenings when a suspension wire (iv) Devices shall be included in the
rope is to be used at a specific location control system for the equipment
and will remain in that location. This which will provide protection against
tag shall bear the following wire rope electrical overloads, three phase rever-
data: sal and phase failure. The control sys-
(A) The diameter (inches and/or mm); tem shall have a separate method,
(B) Construction classification; independent of the direction control
(C) Whether non-preformed or circuit, for breaking the power circuit
preformed; in case of an emergency or malfunc-
(D) The grade of material; tion.
164
ER25SE06.005</MATH>
(v) Suspended or supported equip- stallations shall be inspected and test-

ment shall have a control system ed in the field before being placed in
which will require the operator of the initial service to determine that all
equipment to follow predetermined parts of the installation conform to ap-
procedures. plicable requirements of this standard,
(vi) The following requirements shall and that all safety and operating
apply to electrical protection devices: equipment is functioning as required. A
(A) On installations where the car- similar inspection and test shall be
riage does not have a stability factor of made following any major alteration to
at least four against overturning, elec- an existing installation. No hoist in an
trical contact(s) shall be provided and installation shall be subjected to a load
so connected that the operating devices in excess of 125 percent of its rated
for the suspended or supported equip- load.
ment shall be operative only when the (2) Periodic inspections and tests. (i)
carriage is located and mechanically Related building supporting structures
retained at an established operating shall undergo periodic inspection by a
point. competent person at intervals not ex-
(B) Overload protection shall be proceeding 12 months.
vided in the hoisting or suspension sys- (ii) All parts of the equipment includ-
tem to protect against the equipment ing control systems shall be inspected,
operating in the ‘‘up’’ direction with a and, where necessary, tested by a com-
load in excess of 125 percent of the petent person at intervals specified by
rated load of the platform; and the manufacturer/supplier, but not to
(C) An automatic detector shall be exceed 12 months, to determine that
provided for each suspension point that they are in safe operating condition.
will interrupt power to all hoisting mo- Parts subject to wear, such as wire
tors for travel in the ‘‘down’’ direction, ropes, bearings, gears, and governors
and apply the primary brakes if any shall be inspected and/or tested to de-
suspension wire rope becomes slack. A termine that they have not worn to
continuous-pressure rigging-bypass such an extent as to affect the safe op-
switch designed for use during rigging eration of the installation.
is permitted. This switch shall only be (iii) The building owner shall keep a
used during rigging. certification record of each inspection
(vii) Upper and lower directional and test required under paragraphs
switches designed to prevent the travel (g)(2)(i) and (ii) of this section. The cer-
of suspended units beyond safe upward tification record shall include the date
and downward levels shall be provided. of the inspection, the signature of the
(viii) Emergency stop switches shall person who performed the inspection,
be provided on remote controlled, roof- and the number, or other identifier, of
powered manned platforms adjacent to the building support structure and
each control station on the platform. equipment which was inspected. This
(ix) Cables which are in constant ten- certification record shall be kept read-
sion shall have overload devices which ily available for review by the Assist-
will prevent the tension in the cable ant Secretary of Labor or the Assistant
from interfering with the load limiting Secretary’s representative and by the
device required in paragraph employer.
(f)(8)(vi)(B) of this section, or with the (iv) Working platforms and their
platform roll limiting device required components shall be inspected by the
in paragraph (f)(5)(ii)(C) of this section. employer for visible defects before
The setting of these devices shall be co- every use and after each occurrence
ordinated with other overload settings which could affect the platform’s struc-
at the time of design of the system, tural integrity.
and shall be clearly indicated on or (3) Maintenance inspections and tests.
near the device. The device shall inter- (i) A maintenance inspection and,
rupt the equipment travel in the where necessary, a test shall be made
‘‘down’’ direction. of each platform installation every 30
(g) Inspection and tests—(1) Installa- days, or where the work cycle is less
tions and alterations. All completed than 30 days such inspection and/or
building maintenance equipment in- test shall be made prior to each work
165
cycle. This inspection and test shall (iii) A thorough inspection of suspen-
follow procedures recommended by the sion wire ropes in service shall be made
manufacturer, and shall be made by a once a month. Suspension wire ropes
competent person. that have been inactive for 30 days or
(ii) The building owner shall keep a longer shall have a thorough inspection
certification record of each inspection before they are placed into service.
and test performed under paragraph These thorough inspections of suspen-
(g)(3)(i) of this section. The certifi- sion wire ropes shall be performed by a
cation record shall include the date of competent person.
the inspection and test, the signature (iv) The need for replacement of a
of the person who performed the in- suspension wire rope shall be deter-
spection and/or test, and an identifier mined by inspection and shall be based
for the platform installation which was on the condition of the wire rope. Any
inspected. The certification record of the following conditions or combina-
shall be kept readily available for re- tion of conditions will be cause for re-
view by the Assistant Secretary of moval of the wire rope:
Labor or the Assistant Secretary’s rep- (A) Broken wires exceeding three
resentative and by the employer. wires in one strand or six wires in one
(4) Special inspection of governors and rope lay;
secondary brakes. (i) Governors and sec- (B) Distortion of rope structure such
ondary brakes shall be inspected and as would result from crushing or
tested at intervals specified by the kinking;
manufacturer/supplier but not to ex- (C) Evidence of heat damage;
ceed every 12 months. (D) Evidence of rope deterioration
(ii) The results of the inspection and from corrosion;
test shall confirm that the initiating (E) A broken wire within 18 inches
device for the secondary braking sys- (460.8 mm) of the end attachments;
tem operates at the proper overspeed. (F) Noticeable rusting and pitting;
(iii) The results of the inspection and (G) Evidence of core failure (a length-
test shall confirm that the secondary ening of rope lay, protrusion of the
brake is functioning properly. rope core and a reduction in rope di-
(iv) If any hoisting machine or initi- ameter suggests core failure); or
ating device for the secondary brake (H) More than one valley break (bro-
system is removed from the equipment ken wire).
for testing, all reinstalled and directly (I) Outer wire wear exceeds one-third
related components shall be rein- of the original outer wire diameter.
spected prior to returning the equip- (J) Any other condition which the
ment installation to service. competent person determines has sig-
(v) Inspection of governors and sec- nificantly affected the integrity of the
ondary brakes shall be performed by a rope.
competent person. (v) The building owner shall keep a
(vi) The secondary brake governor certification record of each monthly
and actuation device shall be tested be- inspection of a suspension wire rope as
fore each day’s use. Where testing is required in paragraph (g)(5)(iii) of this
not feasible, a visual inspection of the section. The record shall include the
brake shall be made instead to ensure date of the inspection, the signature of
that it is free to operate. the person who performed the inspec-
(5) Suspension wire rope maintenance, tion, and a number, or other identifier,
inspection and replacement. (i) Suspen- of the wire rope which was inspected.
sion wire rope shall be maintained and This record of inspection shall be made
used in accordance with procedures available for review by the Assistant
recommended by the wire rope manu- Secretary of Labor or the Assistant
facturer. Secretary’s representative and by the
(ii) Suspension wire rope shall be in- employer.
spected by a competent person for visi- (6) Hoist inspection. Before lowering
ble defects and gross damage to the personnel below the top elevation of
rope before every use and after each oc- the building, the hoist shall be tested
currence which might affect the wire each day in the lifting direction with
rope’s integrity. the intended load to make certain it
166
has sufficient capacity to raise the per- Immediately upon completion of such
sonnel back to the boarding level. tests, inspections and maintenance, the
(h) Maintenance—(1) General mainte- device shall be restored to its normal
nance. All parts of the equipment af- operating condition.
fecting safe operation shall be main- (i) Operations—(1) Training. (i) Work-
tained in proper working order so that ing platforms shall be operated only by
they may perform the functions for persons who are proficient in the oper-
which they were intended. The equip- ation, safe use and inspection of the
ment shall be taken out of service particular working platform to be oper-
when it is not in proper working order. ated.
(2) Cleaning. (i) Control or power (ii) All employees who operate work-
contactors and relays shall be kept ing platforms shall be trained in the
clean. following:
(ii) All other parts shall be kept (A) Recognition of, and preventive
clean if their proper functioning would measures for, the safety hazards associ-
be affected by the presence of dirt or ated with their individual work tasks.
other contaminants. (B) General recognition and preven-
(3) Periodic resocketing of wire rope fas- tion of safety hazards associated with
tenings. (i) Hoisting ropes utilizing the use of working platforms, including
poured socket fastenings shall be the provisions in the section relating
resocketed at the non-drum ends at in- to the particular working platform to
tervals not exceeding 24 months. In be operated.
resocketing the ropes, a sufficient (C) Emergency action plan proce-
length shall be cut from the end of the dures required in paragraph (e)(9) of
rope to remove damaged or fatigued this section.
portions. (D) Work procedures required in
(ii) Resocketed ropes shall conform paragraph (i)(1)(iv) of this section.
to the requirements of paragraph (f)(7) (E) Personal fall arrest system in-
of this section. spection, care, use and system perform-
(iii) Limit switches affected by the ance.
resocketed ropes shall be reset, if nec- (iii) Training of employees in the op-
essary. eration and inspection of working plat-
(4) Periodic reshackling of suspension forms shall be done by a competent
wire ropes. The hoisting ropes shall be person.
reshackled at the nondrum ends at in- (iv) Written work procedures for the
tervals not exceeding 24 months. When operation, safe use and inspection of
reshackling the ropes, a sufficient working platforms shall be provided for
length shall be cut from the end of the employee training. Pictorial methods
rope to remove damaged or fatigued of instruction, may be used, in lieu of
portions. written work procedures, if employee
(5) Roof systems. Roof track systems, communication is improved using this
tie-downs, or similar equipment shall method. The operating manuals sup-
be maintained in proper working order plied by manufacturers for platform
so that they perform the function for system components can serve as the
which they were intended. basis for these procedures.
(6) Building face guiding members. T- (v) The employer shall certify that
rails, indented mullions, or equivalent employees have been trained in oper-
guides located in the face of a building ating and inspecting a working plat-
shall be maintained in proper working form by preparing a certification
order so that they perform the func- record which includes the identity of
tions for which they were intended. the person trained, the signature of the
Brackets for cable stabilizers shall employer or the person who conducted
similarly be maintained in proper the training and the date that training
working order. was completed. The certification
(7) Inoperative safety devices. No per- record shall be prepared at the comple-
son shall render a required safety de- tion of the training required in para-
vice or electrical protective device in- graph (i)(1)(ii) of this section, and shall
operative, except as necessary for be maintained in a file for the duration
tests, inspections, and maintenance. of the employee’s employment. The
167
certification record shall be kept read- become entangled in rollers, hoists or

ily available for review by the Assist- other machinery.
ant Secretary of Labor or the Assistant (j) Personal fall protection. Employees
Secretary’s representative. on working platforms shall be pro-
(2) Use. (i) Working platforms shall tected by a personal fall arrest system
not be loaded in excess of the rated meeting the requirements of appendix
load, as stated on the platform load C, section I, of this standard, and as
rating plate. otherwise provided by this standard.
(ii) Employees shall be prohibited
from working on snow, ice, or other APPENDIX A TO § 1910.66, GUIDELINES
(ADVISORY)
slippery material covering platforms,
except for the removal of such mate- 1. Use of the Appendix. Appendix A provides
rials. examples of equipment and methods to assist
(iii) Adequate precautions shall be the employer in meeting the requirements of
the indicated provision of the standard. Em-
taken to protect the platform, wire
ployers may use other equipment or proce-
ropes and life lines from damage due to dures which conform to the requirements of
acids or other corrosive substances, in the standard. This appendix neither adds to
accordance with the recommendations nor detracts from the mandatory require-
of the corrosive substance producer, ments set forth in § 1910.66.
supplier, platform manufacturer or 2. Assurance. Paragraph (c) of the standard
other equivalent information sources. requires the building owner to inform the
Platform members which have been ex- employer in writing that the powered plat-
posed to acids or other corrosive sub- form installation complies with certain re-
quirements of the standard, since the em-
stances shall be washed down with a ployer may not have the necessary informa-
neutralizing solution, at a frequency tion to make these determinations. The em-
recommended by the corrosive sub- ployer, however, remains responsible for
stance producer or supplier. meeting these requirements which have not
(iv) Platform members, wire ropes been set off in paragraph (c)(1).
and life lines shall be protected when 3. Design Requirements. The design require-
using a heat producing process. Wire ments for each installation should be based
ropes and life lines which have been on the limitations (stresses, deflections,
etc.), established by nationally recognized
contacted by the heat producing proc-
standards as promulgated by the following
ess shall be considered to be perma- organizations, or to equivalent standards:
nently damaged and shall not be used.
AA—The Aluminum Association, 818 Con-
(v) The platform shall not be oper- necticut Avenue, NW., Washington, DC,
ated in winds in excess of 25 miles per 20006
hour (40.2 km/hr) except to move it Aluminum Construction Manual
from an operating to a storage posi- Specifications For Aluminum Structures
tion. Wind speed shall be determined Aluminum Standards and Data
based on the best available informa- AGMA—American Gear Manufacturers Asso-
tion, which includes on-site anemom- ciation, 101 North Fort Meyer Dr., Suite
eter readings and local weather fore- 1000, Arlington, VA 22209
casts which predict wind velocities for AISC—American Institute of Steel Construc-
the area. tion, 400 North Michigan Avenue, Chicago,
IL 60611
(vi) On exterior installations, an ane-
ANSI—American National Standards Insti-
mometer shall be mounted on the plat- tute, Inc., 1430 Broadway, New York, NY
form to provide information of on-site 10018
wind velocities prior to and during the ASCE—American Society of Civil Engineers,
use of the platform. The anemometer 345 East 47th Street, New York, NY 10017
may be a portable (hand held) unit ASME—American Society of Mechanical En-
which is temporarily mounted during gineers, 345 East 47th Street, New York,
platform use. NY 10017
(vii) Tools, materials and debris not ASTM—American Society for Testing and
Materials, 1916 Race Street, Philadelphia,
related to the work in progress shall
PA 19103
not be allowed to accumulate on plat- AWS—American Welding Society, Inc., Box
forms. Stabilizer ties shall be located 351040, 550 NW. LeJeunne Road, Miami, FL
so as to allow unencumbered passage 33126
along the full length of the platform JIC—Joint Industrial Council, 2139 Wisconsin
and shall be of such length so as not to Avenue NW., Washington, DC 20007
168
NEMA—National Electric Manufacturers As- platform with respect to the face of the
sociation, 2101 L Street, NW., Washington, building. One acceptable method employs
DC 20037 corrosion-resistant building anchors secured
4. Tie-in-guides. Indented mullions, T-rails in the face of the building in vertical rows
or other equivalent guides are acceptable as every third floor or 50 feet (15.3 m), which-
tie-in guides in a building face for a contin- ever is less. The anchors are spaced hori-
uous stabilization system. Internal guides zontally to allow a stabilization attachment
are embedded in other building members (stabilizer tie) for each of the two platform
with only the opening exposed (see Figure 1 suspension wire ropes. The stabilizer tie con-
of appendix B). External guides, however, are sists of two parts. One part is a quick con-
installed external to the other building nect-quick disconnect device which utilizes a
members and so are fully exposed. The min- corrosion-resistant yoke and retainer spring
imum opening for tie-in guides is three-quar- that is designed to fit over the building an-
ters of an inch (19 mm), and the minimum in- chors. The second part of the stabilizer tie is
side dimensions are one-inch (25 mm) deep a lanyard which is used to maintain a fixed
and two inches (50 mm) wide. distance between the suspension wire rope
Employers should be aware of the hazards and the face of the building.
associated with tie-in guides in a continuous In this method, as the suspended powered
stabilization system which was not designed platform descends past the elevation of each
properly. For example, joints in these track anchor, the descent is halted and each of the
systems may become extended or discontin- platform occupants secures a stabilizer tie
uous due to installation or building settle- between a suspension wire rope and a build-
ment. If this alignment problem is not cor- ing anchor. The procedure is repeated as
rected, the system could jam when a guide each elevation of a building anchor is
roller or guide shoe strikes a joint and this reached during the descent of the powered
would cause a hazardous situation for em- platform.
ployees. In another instance, faulty design As the platform ascends, the procedure is
will result in guide rollers being mounted in reversed; that is, the stabilizer ties are re-
a line so they will jam in the track at the moved as each elevation of a building anchor
slightest misalignment. is reached. The removal of each stabilizer tie
5. Building anchors (intermittent stabilization is assured since the platform is provided
system). In the selection of the vertical dis- with stopping devices which will interrupt
tance between building anchors, certain fac- power to its hoist(s) in the event either stop-
tors should be given consideration. These ping device contacts a stabilizer during the
factors include building height and architec- ascent of the platform.
tural design, platform length and weight, Figure 2 of appendix B illustrates another
wire rope angulation, and the wind velocities type of acceptable intermittent stabilization
in the building area. Another factor to con- system which utilizes retaining pins as the
sider is the material of the building face,
quick connect-quick disconnect device in the
since this material may be adversely af-
stabilizer tie.
fected by the building rollers.
8. Wire Rope Inspection. The inspection of
External or indented type building anchors
the suspension wire rope is important since
are acceptable. Receptacles in the building
facade used for the indented type should be the rope gradually loses strength during its
kept clear of extraneous materials which useful life. The purpose of the inspection is
will hinder their use. During the inspection to determine whether the wire rope has suffi-
of the platform installation, evidence of a cient integrity to support a platform with
failure or abuse of the anchors should be the required design factor.
brought to the attention of the employer. If there is any doubt concerning the condi-
6. Stabilizer tie length. A stabilizer tie tion of a wire rope or its ability to perform
should be long enough to provide for the the required work, the rope should be re-
planned angulation of the suspension cables. placed. The cost of wire rope replacement is
However, the length of the tie should not be quite small if compared to the cost in terms
excessive and become a problem by possibly of human injuries, equipment down time and
becoming entangled in the building face roll- replacement.
ers or parts of the platform machinery. No listing of critical inspection factors,
The attachment length may vary due to which serve as a basis for wire rope replace-
material elongation and this should be con- ment in the standard, can be a substitute for
sidered when selecting the material to be an experienced inspector of wire rope. The
used. Consideration should also be given to listing serves as a user’s guide to the accept-
the use of ties which are easily installed by ed standards by which ropes must be judged.
employees, since this will encourage their Rope life can be prolonged if preventive
use. maintenance is performed regularly. Cutting
7. Intermittent stabilization system. Intermit- off an appropriate length of rope at the end
tent stabilization systems may use different termination before the core degrades and
equipment, tie-in devices and methods to re- valley breaks appear minimizes degradation
strict the horizontal movement of a powered at these sections.
169
9. General Maintenance. In meeting the gen- gencies,’’ details the basic steps needed to
eral maintenance requirement in paragraph prepare to handle emergencies in the work-
(h)(1) of the standard, the employer should place.
undertake the prompt replacement of bro- Following the completion of a training
ken, worn and damaged parts, switch con- program, the employee should be required to
tacts, brushes, and short flexible conductors demonstrate competency in operating the
of electrical devices. The components of the equipment safely. Supplemental training of
electrical service system and traveling ca- the employee should be provided by the em-
bles should be replaced when damaged or sig- ployer, as necessary, if the equipment used
nificantly abraded. In addition, gears, shafts, or other working conditions should change.
bearings, brakes and hoisting drums should An employee who is required to work with
be kept in proper alignment. chemical products on a platform should re-
10. Training. In meeting the training receive training in proper cleaning procedures,
quirement of paragraph (i)(1) of the standard, and in the hazards, care and handling of
employers should use both on the job train- these products. In addition, the employee
ing and formal classroom training. The writ- should be supplied with the appropriate per-
ten work procedures used for this training sonal protective equipment, such as gloves
should be obtained from the manufacturer, if and eye and face protection.
possible, or prepared as necessary for the em-
11. Suspension and Securing of Powered Plat-
ployee’s information and use.
forms (Equivalency). One acceptable method
Employees who will operate powered plat-
of demonstrating the equivalency of a meth-
forms with intermittent stabilization sys-
od of suspending or securing a powered plat-
tems should receive instruction in the spe-
form, as required in paragraphs (e)(2)(iii),
cific ascent and descent procedures involving
(f)(3) and (f)(5)(i)(F), is to provide an engi-
the assembly and disassembly of the sta-
neering analysis by a registered professional
bilizer ties.
An acceptable training program should engineer. The analysis should demonstrate
also include employee instruction in basic that the proposed method will provide an
inspection procedures for the purpose of de- equal or greater degree of safety for employ-
termining the need for repair and replace- ees than any one of the methods specified in
ment of platform equipment. In addition, the the standard.
program should cover the inspection, care APPENDIX B TO § 1910.66—EXHIBITS (ADVISORY)
and use of the personal fall protection equip-
ment required in paragraph (j)(1) of the The three drawings in appendix B illus-
standard. trate typical platform stabilization systems
In addition, the training program should which are addressed in the standard. The
also include emergency action plan ele- drawings are to be used for reference pur-
ments. OSHA brochure #1B3088 (Rev.) 1985, poses only, and do not illustrate all the man-
‘‘How to Prepare for Workplace Emer- datory requirements for each system.
170
171
EC27OC91.012</GPH>
172
EC27OC91.013</GPH>
173
EC27OC91.014</GPH>
APPENDIX C TO § 1910.66—PERSONAL FALL AR- ate. It is measured as the distance between
REST SYSTEM (SECTION I—MANDATORY; SEC- the location of an employee’s body belt or
TIONS II AND III—NON-MANDATORY) body harness attachment point at the mo-
ment of activation (at the onset of fall arrest
Use of the Appendix forces) of the deceleration device during a
Section I of appendix C sets out the man- fall, and the location of that attachment
datory criteria for personal fall arrest sys- point after the employee comes to a full
tems used by all employees using powered stop.
platforms, as required by paragraph (j)(1) of Equivalent means alternative designs, ma-
this standard. Section II sets out nonmanda- terials or methods which the employer can
tory test procedures which may be used to demonstrate will provide an equal or greater
determine compliance with applicable re- degree of safety for employees than the
quirements contained in section I of this ap- methods, materials or designs specified in
pendix. Section III provides nonmandatory the standard.
guidelines which are intended to assist em- Free fall means the act of falling before the
ployers in complying with these provisions. personal fall arrest system begins to apply
I. Personal fall arrest systems—(a) Scope and force to arrest the fall.
application. This section establishes the ap- Free fall distance means the vertical dis-
plication of and performance criteria for per- placement of the fall arrest attachment
sonal fall arrest systems which are required point on the employee’s body belt or body
for use by all employees using powered plat- harness between onset of the fall and just be-
forms under paragraph 1910.66(j). fore the system begins to apply force to ar-
(b) Definitions. Anchorage means a secure rest the fall. This distance excludes decelera-
point of attachment for lifelines, lanyards or tion distance, lifeline and lanyard elongation
deceleration devices, and which is inde- but includes any deceleration device slide
pendent of the means of supporting or sus- distance or self-retracting lifeline/lanyard
pending the employee. extension before they operate and fall arrest
Body belt means a strap with means both forces occur.
for securing it about the waist and for at- Lanyard means a flexible line of rope, wire
taching it to a lanyard, lifeline, or decelera- rope, or strap which is used to secure the
tion device. body belt or body harness to a deceleration
Body harness means a design of straps device, lifeline, or anchorage.
which may be secured about the employee in
Lifeline means a component consisting of a
a manner to distribute the fall arrest forces
flexible line for connection to an anchorage
over at least the thighs, pelvis, waist, chest
at one end to hang vertically (vertical life-
and shoulders with means for attaching it to
line), or for connection to anchorages at
other components of a personal fall arrest
both ends to stretch horizontally (horizontal
system.
lifeline), and which serves as a means for
Buckle means any device for holding the
connecting other components of a personal
body belt or body harness closed around the
fall arrest system to the anchorage.
employee’s body.
Competent person means a person who is ca- Personal fall arrest system means a system
pable of identifying hazardous or dangerous used to arrest an employee in a fall from a
conditions in the personal fall arrest system working level. It consists of an anchorage,
or any component thereof, as well as in their connectors, a body belt or body harness and
application and use with related equipment. may include a lanyard, deceleration device,
Connector means a device which is used to lifeline, or suitable combinations of these.
couple (connect) parts of the system to- Qualified person means one with a recog-
gether. It may be an independent component nized degree or professional certificate and
of the system (such as a carabiner), or an in- extensive knowledge and experience in the
tegral component of part of the system (such subject field who is capable of design, anal-
as a buckle or dee-ring sewn into a body belt ysis, evaluation and specifications in the
or body harness, or a snap-hook spliced or subject work, project, or product.
sewn to a lanyard or self-retracting lanyard). Rope grab means a deceleration device
Deceleration device means any mechanism, which travels on a lifeline and automatically
such as a rope grab, ripstitch lanyard, spe- frictionally engages the lifeline and locks so
cially woven lanyard, tearing or deforming as to arrest the fall of an employee. A rope
lanyard, or automatic self retracting-life- grab usually employs the principle of iner-
line/lanyard, which serves to dissipate a sub- tial locking, cam/lever locking, or both.
stantial amount of energy during a fall ar- Self-retracting lifeline/lanyard means a de-
rest, or otherwise limits the energy imposed celeration device which contains a drum-
on an employee during fall arrest. wound line which may be slowly extracted
Deceleration distance means the additional from, or retracted onto, the drum under
vertical distance a falling employee travels, slight tension during normal employee
excluding lifeline elongation and free fall movement, and which, after onset of a fall,
distance, before stopping, from the point at
automatically locks the drum and arrests

which the deceleration device begins to oper- the fall.
174
Snap-hook means a connector comprised of (10) Anchorages to which personal fall ar-
a hookshaped member with a normally rest equipment is attached shall be capable
closed keeper, or similar arrangement, which of supporting at least 5,000 pounds (22.2 kN)
may be opened to permit the hook to receive per employee attached, or shall be designed,
an object and, when released, automatically installed, and used as part of a complete per-
closes to retain the object. Snap-hooks are sonal fall arrest system which maintains a
generally one of two types: safety factor of at least two, under the su-
1. The locking type with a self-closing, pervision of a qualified person.
self-locking keeper which remains closed and (11) Ropes and straps (webbing) used in lan-
locked until unlocked and pressed open for yards, lifelines, and strength components of
connection or disconnection, or body belts and body harnesses, shall be made
2. The non-locking type with a self-closing from synthetic fibers or wire rope.
keeper which remains closed until pressed (d) System performance criteria. (1) Personal
open for connection or disconnection. fall arrest systems shall, when stopping a
Tie-off means the act of an employee, wear- fall:
ing personal fall protection equipment, con- (i) Limit maximum arresting force on an
necting directly or indirectly to an anchor- employee to 900 pounds (4 kN) when used
age. It also means the condition of an em- with a body belt;
ployee being connected to an anchorage. (ii) Limit maximum arresting force on an
(c) Design for system components. (1) Connec- employee to 1,800 pounds (8 kN) when used
tors shall be drop forged, pressed or formed with a body harness;
steel, or made of equivalent materials. (iii) Bring an employee to a complete stop
(2) Connectors shall have a corrosion-re- and limit maximum deceleration distance an
sistant finish, and all surfaces and edges employee travels to 3.5 feet (1.07 m); and
shall be smooth to prevent damage to inter- (iv) Shall have sufficient strength to with-
facing parts of the system. stand twice the potential impact energy of
(3) Lanyards and vertical lifelines which an employee free falling a distance of six feet
tie-off one employee shall have a minimum (1.8 m), or the free fall distance permitted by
breaking strength of 5,000 pounds (22.2 kN). the system, whichever is less.
(4) Self-retracting lifelines and lanyards (2)(i) When used by employees having a
which automatically limit free fall distance combined person and tool weight of less than
to two feet (0.61 m) or less shall have compo- 310 pounds (140 kg), personal fall arrest sys-
nents capable of sustaining a minimum stat- tems which meet the criteria and protocols
ic tensile load of 3,000 pounds (13.3 kN) ap- contained in paragraphs (b), (c) and (d) in
plied to the device with the lifeline or lan- section II of this appendix shall be consid-
yard in the fully extended position. ered as complying with the provisions of
(5) Self-retracting lifelines and lanyards paragraphs (d)(1)(i) through (d)(1)(iv) above.
which do not limit free fall distance to two (ii) When used by employees having a com-
feet (0.61 m) or less, ripstitch lanyards, and bined tool and body weight of 310 pounds (140
tearing and deforming lanyards shall be ca- kg) or more, personal fall arrest systems
pable of sustaining a minimum tensile load which meet the criteria and protocols con-
of 5,000 pounds (22.2 kN) applied to the device tained in paragraphs (b), (c) and (d) in sec-
with the lifeline or lanyard in the fully ex- tion II may be considered as complying with
tended position. the provisions of paragraphs (d)(1)(i) through
(6) Dee-rings and snap-hooks shall be capa- (d)(1)(iv) provided that the criteria and pro-
ble of sustaining a minimum tensile load of tocols are modified appropriately to provide
5,000 pounds (22.2 kN). proper protection for such heavier weights.
(7) Dee-rings and snap-hooks shall be 100 (e) Care and use. (1) Snap-hooks, unless of
percent proof-tested to a minimum tensile a locking type designed and used to prevent
load of 3,600 pounds (16 kN) without crack- disengagement from the following connec-
ing, breaking, or taking permanent deformations, shall not be engaged:
tion. (i) Directly to webbing, rope or wire rope;
(8) Snap-hooks shall be sized to be compat- (ii) To each other;
ible with the member to which they are con- (iii) To a dee-ring to which another snap-
nected so as to prevent unintentional dis- hook or other connector is attached;
engagement of the snap-hook by depression (iv) To a horizontal lifeline; or
of the snap-hook keeper by the connected (v) To any object which is incompatibly
member, or shall be a locking type snap- shaped or dimensioned in relation to the
hook designed and used to prevent dis- snap-hook such that the connected object
engagement of the snap-hook by the contact could depress the snap-hook keeper a suffi-
of the snaphook keeper by the connected cient amount to release itself.
member. (2) Devices used to connect to a horizontal
(9) Horizontal lifelines, where used, shall lifeline which may become a vertical lifeline
be designed, and installed as part of a com- shall be capable of locking in either direc-
plete personal fall arrest system, which tion on the lifeline.
maintains a safety factor of at least two,
(3) Personal fall arrest systems shall be

under the supervision of a qualified person. rigged such that an employee can neither
175
free fall more than six feet (1.8 m), nor con- quickly released without having any appre-
tact any lower level. ciable motion imparted to it.
(4) The attachment point of the body belt (7) The system’s performance should be
shall be located in the center of the wearer’s evaluated taking into account the range of
back. The attachment point of the body har- environmental conditions for which it is de-
ness shall be located in the center of the signed to be used.
wearer’s back near shoulder level, or above (8) Following the test, the system need not
the wearer’s head. be capable of further operation.
(5) When vertical lifelines are used, each (c) Strength test. (1) During the testing of
employee shall be provided with a separate all systems, a test weight of 300 pounds plus
lifeline. or minus five pounds (135 kg plus or minus
(6) Personal fall arrest systems or compo- 2.5 kg) should be used. (See paragraph (b)(4),
nents shall be used only for employee fall above.)
protection. (2) The test consists of dropping the test
(7) Personal fall arrest systems or compo- weight once. A new unused system should be
nents subjected to impact loading shall be used for each test.
immediately removed from service and shall (3) For lanyard systems, the lanyard
not be used again for employee protection length should be six feet plus or minus two
unless inspected and determined by a com- inches (1.83 m plus or minus 5 cm) as meas-
petent person to be undamaged and suitable ured from the fixed anchorage to the attach-
for reuse. ment on the body belt or body harness.
(8) The employer shall provide for prompt (4) For rope-grab-type deceleration sys-
rescue of employees in the event of a fall or tems, the length of the lifeline above the
shall assure the self-rescue capability of em- centerline of the grabbing mechanism to the
ployees. lifeline’s anchorage point should not exceed
(9) Before using a personal fall arrest sys- two feet (0.61 m).
tem, and after any component or system is (5) For lanyard systems, for systems with
changed, employees shall be trained in ac- deceleration devices which do not automati-
cordance with the requirements of paragraph cally limit free fall distance to two feet (0.61
1910.66(i)(1), in the safe use of the system. m) or less, and for systems with deceleration
(f) Inspections. Personal fall arrest systems devices which have a connection distance in
shall be inspected prior to each use for mil- excess of one foot (0.3 m) (measured between
dew, wear, damage and other deterioration, the centerline of the lifeline and the attach-
and defective components shall be removed ment point to the body belt or harness), the
from service if their strength or function test weight should be rigged to free fall a dis-
may be adversely affected. tance of 7.5 feet (2.3 m) from a point that is
II. Test methods for personal fall arrest sys- 1.5 feet (46 cm) above the anchorage point, to
tems (non-mandatory)—(a) General. Para- its hanging location (six feet below the an-
graphs (b), (c), (d) and (e), of this section II chorage). The test weight should fall without
set forth test procedures which may be used interference, obstruction, or hitting the floor
to determine compliance with the require- or ground during the test. In some cases a
ments in paragraph (d)(1)(i) through (d)(1)(iv) non-elastic wire lanyard of sufficient length
of section I of this appendix. may need to be added to the system (for test
(b) General conditions for all tests in section purposes) to create the necessary free fall
II. (1) Lifelines, lanyards and deceleration distance.
devices should be attached to an anchorage (6) For deceleration device systems with
and connected to the body-belt or body har- integral lifelines or lanyards which auto-
ness in the same manner as they would be matically limit free fall distance to two feet
when used to protect employees. (0.61 m) or less, the test weight should be
(2) The anchorage should be rigid, and rigged to free fall a distance of four feet (1.22
should not have a deflection greater than .04 m).
inches (1 mm) when a force of 2,250 pounds (7) Any weight which detaches from the
(10 kN) is applied. belt or harness should constitute failure for
(3) The frequency response of the load the strength test.
measuring instrumentation should be 120 Hz. (d) Force test—(1) General. The test consists
(4) The test weight used in the strength of dropping the respective test weight speci-
and force tests should be a rigid, metal, cy- fied in (d)(2)(i) or (d)(3)(i) once. A new, un-
lindrical or torso-shaped object with a girth used system should be used for each test.
of 38 inches plus or minus four inches (96 cm (2) For lanyard systems. (i) A test weight of
plus or minus 10 cm). 220 pounds plus or minus three pounds (100
(5) The lanyard or lifeline used to create kg plus or minus 1.6 kg) should be used. (See
the free fall distance should be supplied with paragraph (b)(4), above.)
the system, or in its absence, the least elas- (ii) Lanyard length should be six feet plus
tic lanyard or lifeline available to be used or minus two inches (1.83 m plus or minus 5
with the system. cm) as measured from the fixed anchorage to
(6) The test weight for each test should be
the attachment on the body belt or body har-

hoisted to the required level and should be ness.
176
(iii) The test weight should fall free from for use in complying with requirements for a
the anchorage level to its hanging location personal fall arrest system.
(a total of six feet (1.83 m) free fall distance) (a) Selection and use considerations. The
without interference, obstruction, or hitting kind of personal fall arrest system selected
the floor or ground during the test. should match the particular work situation,
(3) For all other systems. (i) A test weight of and any possible free fall distance should be
220 pounds plus or minus three pounds (100 kept to a minimum. Consideration should be
kg plus or minus 1.6 kg) should be used. (See given to the particular work environment.
paragraph (b)(4), above.) For example, the presence of acids, dirt,
(ii) The free fall distance to be used in the moisture, oil, grease, etc., and their effect on
test should be the maximum fall distance the system, should be evaluated. Hot or cold
physically permitted by the system during environments may also have an adverse af-
normal use conditions, up to a maximum fect on the system. Wire rope should not be
free fall distance for the test weight of six used where an electrical hazard is antici-
feet (1.83 m), except as follows: pated. As required by the standard, the em-
(A) For deceleration systems which have a ployer must plan to have means available to
connection link or lanyard, the test weight promptly rescue an employee should a fall
should free fall a distance equal to the con- occur, since the suspended employee may not
nection distance (measured between the cen- be able to reach a work level independently.
terline of the lifeline and the attachment Where lanyards, connectors, and lifelines
point to the body belt or harness). are subject to damage by work operations
(B) For deceleration device systems with such as welding, chemical cleaning, and
sandblasting, the component should be pro-
integral lifelines or lanyards which auto-
tected, or other securing systems should be
matically limit free fall distance to two feet
used. The employer should fully evaluate the
(0.61 m) or less, the test weight should free
work conditions and environment (including
fall a distance equal to that permitted by the
seasonal weather changes) before selecting
system in normal use. (For example, to test
the appropriate personal fall protection sys-
a system with a self-retracting lifeline or
tem. Once in use, the system’s effectiveness
lanyard, the test weight should be supported
should be monitored. In some cases, a pro-
and the system allowed to retract the life-
gram for cleaning and maintenance of the
line or lanyard as it would in normal use.
system may be necessary.
The test weight would then be released and (b) Testing considerations. Before pur-
the force and deceleration distance meas- chasing or putting into use a personal fall
ured). arrest system, an employer should obtain
(4) A system fails the force test if the re- from the supplier information about the sys-
corded maximum arresting force exceeds tem based on its performance during testing
1,260 pounds (15.6 kN) when using a body belt, so that the employer can know if the system
and/or exceeds 2,520 pounds (11.2 kN) when meets this standard. Testing should be done
using a body harness. using recognized test methods. Section II of
(5) The maximum elongation and decelera- this appendix C contains test methods recog-
tion distance should be recorded during the nized for evaluating the performance of fall
force test. arrest systems. Not all systems may need to
(e) Deceleration device tests—(1) General. The be individually tested; the performance of
device should be evaluated or tested under some systems may be based on data and cal-
the environmental conditions, (such as rain, culations derived from testing of similar sys-
ice, grease, dirt, type of lifeline, etc.), for tems, provided that enough information is
which the device is designed. available to demonstrate similarity of func-
(2) Rope-grab-type deceleration devices. (i) tion and design.
Devices should be moved on a lifeline 1,000 (c) Component compatibility considerations.
times over the same length of line a distance Ideally, a personal fall arrest system is de-
of not less than one foot (30.5 cm), and the signed, tested, and supplied as a complete
mechanism should lock each time. system. However, it is common practice for
(ii) Unless the device is permanently lanyards, connectors, lifelines, deceleration
marked to indicate the type(s) of lifeline devices, body belts and body harnesses to be
which must be used, several types (different interchanged since some components wear
diameters and different materials), of life- out before others. The employer and em-
lines should be used to test the device. ployee should realize that not all compo-
(3) Other self-activatinq-type deceleration de- nents are interchangeable. For instance, a
vices. The locking mechanisms of other self- lanyard should not be connected between a
activating-type deceleration devices de- body belt (or harness) and a deceleration de-
signed for more than one arrest should lock vice of the self-retracting type since this can
each of 1,000 times as they would in normal result in additional free fall for which the
service. system was not designed. Any substitution
III. Additional non-mandatory guidelines for or change to a personal fall arrest system
personal fall arrest systems. The following in-
should be fully evaluated or tested by a com-

formation constitutes additional guidelines petent person to determine that it meets the
177
standard, before the modified system is put ropes must be withdrawn from service imme-
in use. diately, and should be tagged or marked as
(d) Employee training considerations. Thor- unusable, or destroyed.
ough employee training in the selection and (g) Rescue considerations. As required by the
use of personal fall arrest systems is impera- standard (section I, Paragraph (e)(8)), when
tive. As stated in the standard, before the personal fall arrest systems are used, the
equipment is used, employees must be employer must assure that employees can be
trained in the safe use of the system. This promptly rescued or can rescue themselves
should include the following: Application should a fall occur. The availability of res-
limits; proper anchoring and tie-off tech- cue personnel, ladders or other rescue equip-
niques; estimation of free fall distance, in- ment should be evaluated. In some situa-
cluding determination of deceleration dis- tions, equipment which allows employees to
tance, and total fall distance to prevent rescue themselves after the fall has been ar-
striking a lower level; methods of use; and rested may be desirable, such as devices
inspection and storage of the system. Care- which have descent capability.
less or improper use of the equipment can re- (h) Tie-off considerations. (1) One of the
sult in serious injury or death. Employers most important aspects of personal fall pro-
and employees should become familiar with tection systems is fully planning the system
the material in this appendix, as well as before it is put into use. Probably the most
manufacturer’s recommendations, before a overlooked component is planning for suit-
system is used. Of uppermost importance is able anchorage points. Such planning should
the reduction in strength caused by certain ideally be done before the structure or build-
tie-offs (such as using knots, tying around ing is constructed so that anchorage points
sharp edges, etc.) and maximum permitted can be incorporated during construction for
free fall distance. Also, to be stressed are the use later for window cleaning or other build-
importance of inspections prior to use, the ing maintenance. If properly planned, these
limitations of the equipment, and unique anchorage points may be used during con-
conditions at the worksite which may be im- struction, as well as afterwards.
portant in determining the type of system to (2) Employers and employees should at all
use. times be aware that the strength of a per-
(e) Instruction considerations. Employers sonal fall arrest system is based on its being
should obtain comprehensive instructions attached to an anchoring system which does
from the supplier as to the system’s proper not significantly reduce the strength of the
use and application, including, where appli- system (such as a properly dimensioned eye-
cable: bolt/snap-hook anchorage). Therefore, if a
(1) The force measured during the sample means of attachment is used that will reduce
force test; the strength of the system, that component
(2) The maximum elongation measured for should be replaced by a stronger one, but one
lanyards during the force test; that will also maintain the appropriate max-
(3) The deceleration distance measured for imum arrest force characteristics.
deceleration devices during the force test; (3) Tie-off using a knot in a rope lanyard or
(4) Caution statements on critical use limi- lifeline (at any location) can reduce the life-
tations; line or lanyard strength by 50 percent or
(5) Application limits; more. Therefore, a stronger lanyard or life-
(6) Proper hook-up, anchoring and tie-off line should be used to compensate for the
techniques, including the proper dee-ring or weakening effect of the knot, or the lanyard
other attachment point to use on the body length should be reduced (or the tie-off loca-
belt and harness for fall arrest; tion raised) to minimize free fall distance, or
(7) Proper climbing techniques; the lanyard or lifeline should be replaced by
(8) Methods of inspection, use, cleaning, one which has an appropriately incorporated
and storage; and connector to eliminate the need for a knot.
(9) Specific lifelines which may be used. (4) Tie-off of a rope lanyard or lifeline
This information should be provided to em- around an ‘‘H’’ or ‘‘I’’ beam or similar sup-
ployees during training. port can reduce its strength as much as 70
(f) Inspection considerations. As stated in percent due to the cutting action of the
the standard (section I, Paragraph (f)), per- beam edges. Therefore, use should be made of
sonal fall arrest systems must be regularly a webbing lanyard or wire core lifeline
inspected. Any component with any signifi- around the beam; or the lanyard or lifeline
cant defect, such as cuts, tears, abrasions, should be protected from the edge; or free
mold, or undue stretching; alterations or ad- fall distance should be greatly minimized.
ditions which might affect its efficiency; (5) Tie-off where the line passes over or
damage due to deterioration; contact with around rough or sharp surfaces reduces
fire, acids, or other corrosives; distorted strength drastically. Such a tie-off should be
hooks or faulty hook springs; tongues avoided or an alternative tie-off rigging
unfitted to the shoulder of buckles; loose or should be used. Such alternatives may in-
damaged mountings; non-functioning parts;
clude use of a snap-hook/dee ring connection,

or wearing or internal deterioration in the wire rope tie-off, an effective padding of the
178
surfaces, or an abrasion-resistance strap locking type. Locking snap-hooks incor-
around or over the problem surface. porate a positive locking mechanism in addi-
(6) Horizontal lifelines may, depending on tion to the spring loaded keeper, which will
their geometry and angle of sag, be subjected not allow the keeper to open under moderate
to greater loads than the impact load im- pressure without someone first releasing the
posed by an attached component. When the mechanism. Such a feature, properly de-
angle of horizontal lifeline sag is less than 30 signed, effectively prevents roll-out from oc-
degrees, the impact force imparted to the curring.
lifeline by an attached lanyard is greatly As required by the standard (section I,
amplified. For example, with a sag angle of paragraph (e)(1)) the following connections
15 degrees, the force amplification is about must be avoided (unless properly designed
2:1 and at 5 degrees sag, it is about 6:1. De- locking snap-hooks are used) because they
pending on the angle of sag, and the line’s are conditions which can result in roll-out
elasticity, the strength of the horizontal life- when a nonlocking snap-hook is used:
line and the anchorages to which it is at- • Direct connection of a snap-hook to a
tached should be increased a number of horizontal lifeline.
times over that of the lanyard. Extreme care • Two (or more) snap-hooks connected to
should be taken in considering a horizontal one dee-ring.
lifeline for multiple tie-offs. The reason for • Two snap-hooks connected to each other.
this is that in multiple tie-offs to a hori- • A snap-hook connected back on its inte-
zontal lifeline, if one employee falls, the gral lanyard.
movement of the falling employee and the • A snap-hook connected to a webbing loop
horizontal lifeline during arrest of the fall or webbing lanyard.
may cause other employees to also fall. Hori- • Improper dimensions of the dee-ring,
zontal lifeline and anchorage strength should rebar, or other connection point in relation
be increased for each additional employee to to the snap-hook dimensions which would
be tied-off. For these and other reasons, the allow the snap-hook keeper to be depressed
design of systems using horizontal lifelines by a turning motion of the snap-hook.
must only be done by qualified persons. Test- (k) Free fall considerations. The employer
ing of installed lifelines and anchors prior to and employee should at all times be aware
use is recommended. that a system’s maximum arresting force is
(7) The strength of an eye-bolt is rated evaluated under normal use conditions es-
along the axis of the bolt and its strength is tablished by the manufacturer, and in no
greatly reduced if the force is applied at an case using a free fall distance in excess of six
angle to this axis (in the direction of shear). feet (1.8 m). A few extra feet of free fall can
Also, care should be exercised in selecting significantly increase the arresting force on
the proper diameter of the eye to avoid acci- the employee, possibly to the point of caus-
dental disengagement of snap-hooks not de- ing injury. Because of this, the free fall dis-
signed to be compatible for the connection. tance should be kept at a minimum, and, as
(8) Due to the significant reduction in the required by the standard, in no case greater
strength of the lifeline/lanyard (in some than six feet (1.8 m). To help assure this, the
cases, as much as a 70 percent reduction), the tie-off attachment point to the lifeline or an-
sliding hitch knot should not be used for life- chor should be located at or above the con-
line/lanyard connections except in emer- nection point of the fall arrest equipment to
gency situations where no other available belt or harness. (Since otherwise additional
system is practical. The ‘‘one-and-one’’ slid- free fall distance is added to the length of
ing hitch knot should never be used because the connecting means (i.e. lanyard)). Attach-
it is unreliable in stopping a fall. The ‘‘two- ing to the working surface will often result
and-two,’’ or ‘‘three-and-three’’ knot (pref- in a free fall greater than six feet (1.8 m). For
erable), may be used in emergency situa- instance, if a six foot (1.8 m) lanyard is used,
tions; however, care should be taken to limit the total free fall distance will be the dis-
free fall distance to a minimum because of tance from the working level to the body
reduced lifeline/lanyard strength. belt (or harness) attachment point plus the
(i) Vertical lifeline considerations. As re- six feet (1.8 m) of lanyard length. Another
quired by the standard, each employee must important consideration is that the arrest-
have a separate lifeline when the lifeline is ing force which the fall system must with-
vertical. The reason for this is that in mul- stand also goes up with greater distances of
tiple tie-offs to a single lifeline, if one em- free fall, possibly exceeding the strength of
ployee falls, the movement of the lifeline the system.
during the arrest of the fall may pull other (l) Elongation and deceleration distance con-
employees’ lanyards, causing them to fall as siderations. Other factors involved in a proper
well. tie-off are elongation and deceleration dis-
(j) Snap-hook considerations. Although not tance. During the arresting of a fall, a lan-
required by this standard for all connections, yard will experience a length of stretching or
locking snap-hooks designed for connection elongation, whereas activation of a decelera-
to suitable objects (of sufficient strength)
tion device will result in a certain stopping

are highly recommended in lieu of the non- distance. These distances should be available
179
with the lanyard or device’s instructions and (b), (c) and (d) and which were effective on
must be added to the free fall distance to ar- August 27, 1971.
rive at the total fall distance before an em-
ployee is fully stopped. The additional stop- NOTE: All existing installations subject to
ping distance may be very significant if the this appendix shall also comply with para-
lanyard or deceleration device is attached graphs (g), (h), (i), (j) and appendix C of the
near or at the end of a long lifeline, which standard 29 CFR 1910.66.
may itself add considerable distance due to (a) Definitions applicable to this appendix—
its own elongation. As required by the stand- (1) Angulated roping. A system of platform
ard, sufficient distance to allow for all of suspension in which the upper wire rope
these factors must also be maintained be- sheaves or suspension points are closer to
tween the employee and obstructions below, the plane of the building face than the cor-
to prevent an injury due to impact before the
responding attachment points on the plat-
system fully arrests the fall. In addition, a
form, thus causing the platform to press
minimum of 12 feet (3.7 m) of lifeline should
against the face of the building during its
be allowed below the securing point of a rope
vertical travel.
grab type deceleration device, and the end
terminated to prevent the device from slid- (2) ANSI. American National Standards In-
ing off the lifeline. Alternatively, the lifeline stitute.
should extend to the ground or the next (3) Babbitted fastenings. The method of pro-
working level below. These measures are viding wire rope attachments in which the
suggested to prevent the worker from inad- ends of the wire strands are bent back and
vertently moving past the end of the lifeline are held in a tapered socket by means of
and having the rope grab become disengaged poured molten babbitt metal.
from the lifeline. (4) Brake—disc type. A brake in which the
(m) Obstruction considerations. The location holding effect is obtained by frictional re-
of the tie-off should also consider the hazard sistance between one or more faces of discs
of obstructions in the potential fall path of keyed to the rotating member to be held and
the employee. Tie-offs which minimize the fixed discs keyed to the stationary or hous-
possibilities of exaggerated swinging should ing member (pressure between the discs
be considered. In addition, when a body belt being applied axially).
is used, the employee’s body will go through (5) Brake—self-energizing band type. An es-
a horizontal position to a jack-knifed posi- sentially undirectional brake in which the
tion during the arrest of all falls. Thus, ob- holding effect is obtained by the snubbing
structions which might interfere with this action of a flexible band wrapped about a cy-
motion should be avoided or a severe injury lindrical wheel or drum affixed to the rotat-
could occur. ing member to be held, the connections and
(n) Other considerations. Because of the de- linkages being so arranged that the motion
sign of some personal fall arrest systems, ad- of the brake wheel or drum will act to in-
ditional considerations may be required for crease the tension or holding force of the
proper tie-off. For example, heavy decelera- band.
tion devices of the self-retracting type
(6) Brake—shoe type. A brake in which the
should be secured overhead in order to avoid
holding effect is obtained by applying the di-
the weight of the device having to be sup-
rect pressure of two or more segmental fric-
ported by the employee. Also, if
tion elements held to a stationary member
selfretracting equipment is connected to a
against a cylindrical wheel or drum affixed
horizontal lifeline, the sag in the lifeline
to the rotating member to be held.
should be minimized to prevent the device
from sliding down the lifeline to a position (7) Building face rollers. A specialized form
which creates a swing hazard during fall ar- of guide roller designed to contact a portion
rest. In all cases, manufacturer’s instruc- of the outer face or wall structure of the
tions should be followed. building, and to assist in stabilizing the op-
erators’ platform during vertical travel.
APPENDIX D TO § 1910.66—EXISTING (8) Continuous pressure. Operation by means
INSTALLATIONS (MANDATORY) of buttons or switches, any one of which may
be used to control the movement of the
Use of the Appendix working platform or roof car, only as long as
Appendix D sets out the mandatory build- the button or switch is manually maintained
ing and equipment requirements for applica- in the actuating position.
ble permanent installations completed after (9) Control. A system governing starting,
August 27, 1971, and no later than July 23, stopping, direction, acceleration, speed, and
1990 which are exempt from the paragraphs retardation of moving members.
(a), (b)(1), (b)(2), (c), (d), (e), and (f) of this (10) Controller. A device or group of devices,
standard. The requirements in appendix D usually contained in a single enclosure,
are essentially the same as unrevised build- which serves to control in some predeter-
ing and equipment provisions which pre- mined manner the apparatus to which it is
viously were designated as 29 CFR 1910.66 (a), connected.
180
(11) Electrical ground. A conducting connec- vides access to the exterior of the building or
tion between an electrical circuit or equip- structure.
ment and the earth, or some conducting (26) Yield point. The stress at which the ma-
body which serves in place of the earth. terial exhibits a permanent set of 0.2 per-
(12) Guide roller. A rotating, bearing- cent.
mounted, generally cylindrical member, op- (27) Zinced fastenings. The method of pro-
erating separately or as part of a guide shoe viding wire rope attachments in which the
assembly, attached to the platform, and pro- splayed or fanned wire ends are held in a ta-
viding rolling contact with building guide- pered socket by means of poured molten
ways, or other building contact members. zinc.
(13) Guide shoe. An assembly of rollers, (b) General requirements. (1) Design require-
slide members, or the equivalent, attached ments. All powered platform installations
as a unit to the operators’ platform, and de- for exterior building maintenance completed
signed to engage with the building members as of August 27, 1971, but no later than [in-
provided for the vertical guidance of the op- sert date, 180 days after the effective date],
erators’ platform. shall meet all of the design, construction and
(14) Interlock. A device actuated by the op- installation requirements of Part II and III
eration of some other device with which it is of the ‘‘American National Standard Safety
directly associated, to govern succeeding op- Requirements for Powered Platforms for Ex-
erations of the same or allied devices. terior Building Maintenance ANSI A120.1–
(15) Operating device. A pushbutton, lever, 1970’’ and of this appendix. References shall
or other manual device used to actuate a be made to appropriate parts of ANSI A120.1–
control. 1970 for detail specifications for equipment
(16) Powered platform. Equipment to provide and special installations.
access to the exterior of a building for main- (2) Limitation. The requirements of this ap-
tenance, consisting of a suspended power-op- pendix apply only to electric powered plat-
erated working platform, a roof car, or other forms. It is not the intent of this appendix to
suspension means, and the requisite oper- prohibit the use of other types of power. In-
ating and control devices. stallation of powered platforms using other
(17) Rated load. The combined weight of types of power is permitted, provided such
employees, tools, equipment, and other ma- platforms have adequate protective devices
terial which the working platform is de- for the type of power used, and otherwise
signed and installed to lift. provide for reasonable safety of life and limb
(18) Relay, direction. An electrically ener- to users of equipment and to others who may
gized contactor responsive to an initiating be exposed.
control circuit, which in turn causes a mov- (3) Types of powered platforms. (i) For the
ing member to travel in a particular direc- purpose of applying this appendix, powered
tion. platforms are divided into two basic types,
(19) Relay, potential for vertical travel. An Type F and Type T.
electrically energized contactor responsive (ii) Powered platforms designated as Type
to initiating control circuit, which in turn F shall meet all the requirements in Part II
controls the operation of a moving member of ANSI A 120.1–1970, American National
in both directions. This relay usually oper- Standard Safety Requirements for Powered
ates in conjunction with direction relays, as Platforms for Exterior Building Mainte-
covered under the definition, ‘‘relay, direc- nance. A basic requirement of Type F equip-
tion.’’ ment is that the work platform is suspended
(20) Roof car. A structure for the suspen- by at least four wire ropes and designed so
sion of a working platform, providing for its that failure of any one wire rope will not
horizontal movement to working positions. substantially alter the normal position of
(21) Roof-powered platform. A powered plat- the working platform. Another basic require-
form having the raising and lowering mecha- ment of Type F equipment is that only one
nism located on a roof car. layer of hoisting rope is permitted on wind-
(22) Self-powered platform. A powered plating drums. Type F powered platforms may be
form having the raising and lowering mecha- either roof-powered or self-powered.
nism located on the working platform. (iii) Powered platforms designated as Type
(23) Traveling cable. A cable made up of T shall meet all the requirements in Part III
electrical or communication conductors or of ANSI A120.1–1970 American National
both, and providing electrical connection be- Standard Safety Requirements for Powered
tween the working platform and the roof car Platforms for Exterior Building Mainte-
or other fixed point. nance, except for section 28, Safety Belts and
(24) Weatherproof. Equipment so con- Life Lines. A basic requirement of Type T
structed or protected that exposure to the equipment is that the working platform is
weather will not interfere with its proper op- suspended by at least two wire ropes. Failure
eration. of one wire rope would not permit the work-
(25) Working platform. The suspended struc- ing platform to fall to the ground, but would
ture arranged for vertical travel which pro- upset its normal position. Type T powered
181
platforms may be either roof-powered or self- (c)(3) (i) or (ii) of this appendix, whichever is
powered. greater.
(iv) The requirements of this section apply (i) The roof car shall be continuously sta-
to powered platforms with winding drum ble, considering overturning moment as de-
type hoisting machines. It is not the intent termined by 125 percent rated load, plus
of this section to prohibit powered platforms maximum dead load and the prescribed wind
using other types of hoisting machines such loading.
as, but not limited to, traction drum hoist- (ii) The roof car and its anchorages shall be
ing machines, air powered machines, hydrau- capable of resisting accidental over-ten-
lic powered machines, and internal combus- sioning of the wire ropes suspending the
tion machines. Installation of powered plat- working platform and this calculated value
forms with other types of hoisting machines shall include the effect of one and one-half
is permitted, provided adequate protective times the value. For this calculation, the si-
devices are used, and provided reasonable multaneous effect of one-half wind load shall
safety of life and limb to users of the equip- be included, and the design stresses shall not
ment and to others who may be exposed is exceed those referred to in paragraph (b)(1)
assured. of this appendix.
(v) Both Type F and Type T powered plat- (iii) If the load on the motors is at any
forms shall comply with the requirements of time in excess of three times that required
appendix C of this standard. for lifting the working platform with its
(c) Type F powered platforms—(1) Roof car, rated load the motor shall stall.
general. (i) A roof car shall be provided when- (4) Access to the roof car. Safe access to the
ever it is necessary to move the working roof car and from the roof car to the working
platform horizontally to working or storage platform shall be provided. If the access to
positions. the roof car at any point of its travel is not
(ii) The maximum rated speed at which a over the roof area or where otherwise nec-
power traversed roof car may be moved in a essary for safety, self-closing, self-locking
horizontal direction shall be 50 feet per gates shall be provided. Applicable provi-
minute. sions of the American National Standard
(2) Movement and positioning of roof car. (i) Safety Requirements for Floor and Wall
Provision shall be made to protect against Openings, Railings and Toeboard, A12.1–1967,
having the roof car leave the roof or enter shall apply.
roof areas not designed for travel. (5) Means for maintenance, repair, and stor-
(ii) The horizontal motion of the roof cars age. Means shall be provided to run the roof
shall be positively controlled so as to insure car away from the roof perimeter, where nec-
proper movement and positioning of the roof essary, and to provide a safe area for mainte-
car. nance, repairs, and storage. Provisions shall
(iii) Roof car positioning devices shall be be made to secure the machine in the stored
provided to insure that the working platform position. For stored machines subject to
is placed and retained in proper position for wind forces, see special design and anchorage
vertical travel and during storage. requirements for ‘‘wind forces’’ in Part II,
(iv) Mechanical stops shall be provided to section 10.5.1.1 of ANSI A120.1–1970 American
prevent the traversing of the roof car beyond National Standard Safety Requirements for
its normal limits of travel. Such stops shall Powered Platforms for Exterior Building
be capable of withstanding a force equal to Maintenance.
100 percent of the inertial effect of the roof (6) General requirements for working plat-
car in motion with traversing power applied. forms. The working platform shall be of gird-
(v)(a) The operating device of a power-oper or truss construction and shall be ade-
erated roof car for traversing shall be lo- quate to support its rated load under any po-
cated on the roof car, the working platform, sition of loading, and comply with the provi-
or both, and shall be of the continuous pres- sions set forth in section 10 of ANSI A120.1–
sure weather-proof electric type. If more 1970, American National Standard Safety Re-
than one operating device is provided, they quirements for Powered Platforms for Exte-
shall be so arranged that traversing is pos- rior Building Maintenance.
sible only from one operating device at a (7) Load rating plate. Each working plat-
time. form shall bear a manufacturer’s load rating
(b) The operating device shall be so con- plate, conspicuously posted; stating the max-
nected that it is not operable until: imum permissible rated load. Load rating
(1) The working platform is located at its plates shall be made of noncorrosive mate-
uppermost position of travel and is not in rial and shall have letters and figures
contact with the building face or fixed stamped, etched, or cast on the surface. The
vertical guides in the face of the building; minimum height of the letters and figures
and shall be one-fourth inch.
(2) All protective devices and interlocks (8) Minimum size. The working platform
are in a position for traversing. shall have a minimum net width of 24 inches.
(3) Roof car stability. Roof car stability
(9) Guardrails. Working platforms shall be

shall be determined by either paragraph furnished with permanent guard rails not
182
less than 36 inches high, and not more than manual cranking. This provision for manual
42 inches high at the front (building side). At operation shall be designed so that not more
the rear, and on the sides, the rail shall not than two persons will be required to perform
be less than 42 inches high. An intermediate this operation. The access to this provision
guardrail shall be provided around the entire shall include a means to automatically make
platform between the top guardrail and the the machine inoperative electrically while
toeboard. under the emergency manual operation. The
(10) Toeboards. A four-inch toeboard shall design shall be such that the emergency
be provided along all sides of the working brake is operative at or below governor trip-
platform. ping speed during manual operation.
(11) Open spaces between guardrails and (17) Arrangement and guarding of hoisting
toeboards. The spaces between the inter- equipment. (i) Hoisting equipment shall con-
mediate guardrail and platform toeboard on sist of a power-driven drum or drum con-
the building side of the working platform, tained in the roof car (roof-powered plat-
and between the top guardrail and the forms) or contained on the working platform
toeboard on other sides of the platform, shall (self-powered platform).
be filled with metalic mesh or similar mate- (ii) The hoisting equipment shall be power-
rial that will reject a ball one inch in diame- operated in both up and down directions.
ter. The installed mesh shall be capable of (iii) Guard or other protective devices shall
withstanding a load of 100 pounds applied be installed wherever rotating shafts or
horizontally over any area of 144 square other mechanisms or gears may expose per-
inches. If the space between the platform and sonnel to a hazard.
the building face does not exceed eight
(iv) Friction devices or clutches shall not
inches, and the platform is restrained by
be used for connecting the main driving
guides, the mesh may be omitted on the
mechanism to the drum or drums. Belt or
front side.
chain-driven machines are prohibited.
(12) Flooring. The platform flooring shall be
(18) Hoisting motors. (i) Hoisting motors
of the nonskid type, and if of open construc-
tion, shall reject a 9⁄16-inch diameter ball, or shall be electric and of weather-proof con-
be provided with a screen below the floor to struction.
reject a 9⁄16-inch diameter ball. (ii) Hoisting motors shall be in conform-
(13) Access gates. Where access gates are ance with applicable provisions of paragraph
provided, they shall be self-closing and self- (c)(22) of this appendix, Electric Wiring and
locking. Equipment.
(14) Operating device for vertical movement of (iii) Hoisting motors shall be directly con-
the working platform. (i) The normal oper- nected to the hoisting machinery. Motor
ating device for the working platform shall couplings, if used, shall be of steel construc-
be located on the working platform and shall tion.
be of the continuous pressure weatherproof (19) Brakes. The hoisting machine(s) shall
electric type. have two independent braking means, each
(ii) The operating device shall be operable designed to stop and hold the working plat-
only when all electrical protective devices form with 125 percent of rated load.
and interlocks on the working platform are (20) Hoisting ropes and rope connections. (i)
in position for normal service and, the roof Working platforms shall be suspended by
car, if provided, is at an established oper- wire ropes of either 6×19 or 6×37 classifica-
ating point. tion, preformed or nonpreformed.
(15) Emergency electric operative device. (i) In (ii) [Reserved]
addition, on roof-powered platforms, an (iii) The minimum factor of safety shall be
emergency electric operating device shall be 10, and shall be calculated by the following
provided near the hoisting machine for use formula:
in the event of failure of the normal oper- F = S×N/W
ating device for the working platform, or
failure of the traveling cable system. The Where
emergency operating device shall be mount- S = Manufacturer’s rated breaking strength
ed in a locked compartment and shall have a of one rope.
legend mounted thereon reading: ‘‘For Emer- N = Number of ropes under load.
gency Operation Only. Establish Commu- W = Maximum static load on all ropes with
nication With Personnel on Working Plat- the platform and its rated load at any
form Before Use.’’ point of its travel.
(ii) A key for unlocking the compartment (iv) Hoisting ropes shall be sized to con-
housing the emergency operating device form with the required factor of safety, but
shall be mounted in a break-glass receptacle in no case shall the size be less than 5⁄16 inch
located near the emergency operating de- diameter.
vice. (v) Winding drums shall have at least three
(16) Manual cranking for emergency oper- turns of rope remaining when the platform
ation. Emergency operation of the main has landed at the lowest possible point of its
drive machine may be provided to allow travel.
183
(vi) The lengthening or repairing of wire accumulated snow. The receptacles shall be
rope by the joining of two or more lengths is grounded and the electric cable shall include
prohibited. a grounding conductor. The receptacle and
(vii) The nondrum ends of the hoisting plug shall be a type designed to avoid hazard
ropes shall be provided with individual to persons inserting or withdrawing the plug.
shackle rods which will permit individual ad- Provision shall be made to prevent applica-
justment of rope lengths, if required. tion of cable strain directly to the plug and
(viii) More than two reverse bends in each receptacle.
rope is prohibited. (vii) Electric runway conductor systems
(21) Rope tag data. (i) A metal data tag shall be of the type designed for use in exte-
shall be securely attached to one of the wire rior locations and shall be located so as not
rope fastenings. This data tag shall bear the to be subject to contact with water or accu-
following wire rope data: mulated snow. The conductors, collectors,
(a) The diameter in inches. and disconnecting means shall conform to
(b) Construction classification. the same requirements as those for cranes
(c) Whether nonpreformed or preformed. and hoists in Article 610 of the National
(d) The grade of material used. Electrical Code, NFPA 70–1971; ANSI C1–1971
(e) The manufacturer’s rated breaking (Rev. of C1–1968). A grounded conductor shall
strength. parallel the power conductors and be so con-
(f) Name of the manufacturer of the rope. nected that it cannot be opened by the dis-
(g) The month and year the ropes were in- connecting means. The system shall be de-
stalled. signed to avoid hazard to persons in the area.
(22) Electrical wiring and equipment. (i) All (viii) Electrical protective devices and
electrical equipment and wiring shall con- interlocks of the weatherproof type shall be
form to the requirements of the National provided.
Electrical Code, NFPA 70–1971; ANSI C1–1971 (ix) Where the installation includes a roof
(Rev. of C1–1968), except as modified by ANSI car, electric contact(s) shall be provided and
A120.1–1970 ‘‘American National Standard so connected that the operating devices for
Safety Requirements for Powered Platforms the working platform shall be operative only
for Exterior Building Maintenance.’’ For de- when the roof car is located and mechani-
tail design specifications for electrical equip- cally retained at an established operating
ment, see Part 2, ANSI A120.1–1970. point.
(ii) All motors and operation and control (x) Where the powered platform includes a
equipment shall be supplied from a single powered-operated roof car, the operating de-
power source. vice for the roof car shall be inoperative
(iii) The power supply for the powered plat- when the roof car is mechanically retained
form shall be an independent circuit supplied at an established operating point.
through a fused disconnect switch. (xi) An electric contact shall be provided
(iv) Electrical conductor parts of the power and so connected that it will cause the down
supply system shall be protected against ac- direction relay for vertical travel to open if
cidental contact. the tension in the traveling cable exceeds
(v) Electrical grounding shall be provided. safe limits.
(a) Provisions for electrical grounding (xii) An automatic overload device shall be
shall be included with the power-supply sys- provided to cut off the electrical power to
tem. the circuit in all hoisting motors for travel
(b) Controller cabinets, motor frames, in the up direction, should the load applied
hoisting machines, the working platform, to the hoisting ropes at either end of the
roof car and roof car track system, and non- working platform exceed 125 percent of its
current carrying parts of electrical equip- normal tension with rated load, as shown on
ment, where provided, shall be grounded. the manufacturer’s data plate on the work-
(c) The controller, where used, shall be so ing platform.
designed and installed that a single ground (xiii) An automatic device shall be pro-
or short circuit will not prevent both the vided for each hoisting rope which will cut
normal and final stopping device from stop- off the electrical power to the hoisting
ping the working platform. motor or motors in the down direction and
(d) Means shall be provided on the roof car apply the brakes if any hoisting rope be-
and working platform for grounding portable comes slack.
electric tools. (xiv) Upper and lower directional limit de-
(e) The working platform shall be grounded vices shall be provided to prevent the travel
through a grounding connection in a trav- of the working platform beyond the normal
eling cable. Electrically powered tools uti- upper and lower limits of travel.
lized on the working platform shall be (xv) Operation of a directional limit device
grounded. shall prevent further motion in the appro-
(vi) Electrical receptacles located on the priate direction, if the normal limit of travel
roof or other exterior location shall be of a has been reached.
weatherproof type and shall be located so as (xvi) Directional limit devices, if driven
not to be subject to contact with water or from the hoisting machine by chains, tapes,
184
or cables, shall incorporate a device to dis- (a) Designated personnel continuously
connect the electric power from the hoisting available while the powered platform is in
machine and apply both the primary and sec- use; and
ondary brakes in the event of failure of the (b) Designated personnel on roof-powered
driving means. platforms, undertaking emergency operation
(xvii) Final terminal stopping devices of of the working platform by means of the
the working platform: emergency operating device located near the
(a) Final terminal stopping devices for the hoisting machine.
working platform shall be provided as a sec- (iv) The emergency communication equip-
ondary means of preventing the working ment shall be one of the following types:
platform from over-traveling at the termi- (a) Telephone connected to the central
nals. telephone exchange system; or
(b) The device shall be set to function as (b) Telephones on a limited system or an
close to each terminal landing as practical, approved two-way radio system, provided
but in such a way that under normal oper- designated personnel are available to receive
ating conditions it will not function when a message during the time the powered plat-
the working platform is stopped by the nor- form is in use.
mal terminal stopping device. (d) Type T powered platforms—(1) Roof car.
(c) Operation of the final terminal stopping The requirements of paragraphs (c)(1)
device shall open the potential relay for through (c)(5) of this appendix shall apply to
vertical travel, thereby disconnecting the Type T powered platforms.
electric power from the hoisting machine, (2) Working platform. The requirements of
and applying both the primary and sec- paragraphs (c)(6) through (c)(16) of this ap-
ondary brakes. pendix apply to Type T powered platforms.
(d) The final terminal stopping device for (i) The working platform shall be sus-
the upper limit of travel shall be mounted so pended by at least two wire ropes.
that it is operated directly by the motion of (ii) The maximum rated speed at which the
the working platform itself. working platform of self-powered platforms
(xviii) Emergency stop switches shall be may be moved in a vertical direction shall
provided in or adjacent to each operating de- not exceed 35 feet per minute.
vice. (3) Hoisting equipment. The requirements of
(xix) Emergency stop switches shall: paragraphs (c) (17) and (18) of this appendix
(a) Have red operating buttons or handles. shall apply to Type T powered platforms.
(b) Be conspicuously and permanently (4) Brakes. Brakes requirements of para-
marked ‘‘Stop.’’ graph (c)(19) of this appendix shall apply.
(c) Be the manually opened and manually (5) Hoisting ropes and rope connections. (i)
closed type. Paragraphs (c)(20) (i) through (vi) and (viii)
(d) Be positively opened with the opening of this appendix shall apply to Type T pow-
not solely dependent on springs. ered platforms.
(xx) The manual operation of an emer- (ii) Adjustable shackle rods in subpara-
gency stop switch associated with an oper- graph (c)(20)(vii) of this appendix shall apply
ating device for the working platform shall to Type T powered platforms, if the working
open the potential relay for vertical travel, platform is suspended by more than two wire
thereby disconnecting the electric power ropes.
from the hoisting machine and applying both (6) Electrical wiring and equipment. (i) The
the primary and secondary brakes. requirements of paragraphs (c)(22) (i)
(xxi) The manual operation of the emer- through (vi) of this appendix shall apply to
gency stop switch associated with the oper- Type T powered platforms. ‘‘Circuit protec-
ating device for a power-driven roof car shall tion limitation,’’ ‘‘powered platform elec-
cause the electrical power to the traverse trical service system,’’ all operating services
machine to be interrupted, and the traverse and control equipment shall comply with the
machine brake to apply. specifications contained in Part 2, section 26,
ANSI A120.1–1970.
(23) Requirements for emergency communica-
(ii) For electrical protective devices the re-
tions. (i) Communication equipment shall be
quirements of paragraphs (c)(22) (i) through
provided for each powered platform for use in
(viii) of this appendix shall apply to Type T
an emergency.
powered platforms. Requirements for the
(ii) Two-way communication shall be es-
‘‘circuit potential limitation’’ shall be in ac-
tablished between personnel on the roof and
cordance with specifications contained in
personnel on the stalled working platform
Part 2, section 26, of ANSI A120.1–1970.
before any emergency operation of the work-
(7) Emergency communications. All the re-
ing platform is undertaken by personnel on
quirements of paragraph (c)(23) of this appen-
the roof.
dix shall apply to Type T powered platforms.
(iii) The equipment shall permit two-way
voice communication between the working [54 FR 31456, July 28, 1989, as amended at 61
platform and FR 9235, Mar. 7, 1996]
185
EFFECTIVE DATE NOTE: At 72 FR 7190, Feb. (8) Vehicle. Any carrier that is not
14, 2007, Appendix D to § 1910.66 was amended manually propelled.
by revising paragraph (c)(22)(i) and in the
second sentence of paragraph (c)(22)(vii), the
(9) Vertical tower. An aerial device de-
words ‘‘Article 610 of the National Electrical signed to elevate a platform in a sub-
Code, NFPA 70–1971; ANSI C1–1971 (Rev. of stantially vertical axis.
C1–1968)’’ were revised to read ‘‘Subpart S of (b) General requirements. (1) Unless
this Part.’’, effective Aug. 13, 2007. For the otherwise provided in this section, aer-
convenience of the user, the revised text is ial devices (aerial lifts) acquired on or
set forth as follows:
after July 1, 1975, shall be designed and
§ 1910.66 Powered platforms for building constructed in conformance with the
maintenance. applicable requirements of the Amer-
ican National Standard for ‘‘Vehicle
* * * * * Mounted Elevating and Rotating Work
Platforms,’’ ANSI A92.2—1969, includ-
APPENDIX D TO § 1910.66—EXISTING
INSTALLATIONS (MANDATORY)
ing appendix, which is incorporated by
reference as specified in § 1910.6. Aerial
lifts acquired for use before July 1, 1975
* * * * * which do not meet the requirements of
(c) * * * ANSI A92.2—1969, may not be used after
(22) * * * (i) All electrical equipment and July 1, 1976, unless they shall have been
wiring shall conform to the requirements of
modified so as to conform with the ap-
Subpart S of this Part, except as modified by
ANSI A120.1—1970 ‘‘American National plicable design and construction re-
Standard Safety Requirements for Powered quirements of ANSI A92.2—1969. Aerial
Platforms for Exterior Building Mainte- devices include the following types of
nance’’ (see § 1910.6). For detail design speci- vehicle-mounted aerial devices used to
fications for electrical equipment, see Part 2, elevate personnel to jobsites above
ANSI A120.1–1970. ground: (i) Extensible boom platforms,
(ii) aerial ladders, (iii) articulating
* * * * * boom platforms, (iv) vertical towers,
and (v) a combination of any of the
§ 1910.67 Vehicle-mounted elevating above. Aerial equipment may be made
and rotating work platforms.
of metal, wood, fiberglass reinforced
(a) Definitions applicable to this sec- plastic (FRP), or other material; may
tion—(1) Aerial device. Any vehicle— be powered or manually operated; and
mounted device, telescoping or articu- are deemed to be aerial lifts whether or
lating, or both, which is used to posi- not they are capable of rotating about
tion personnel. a substantially vertical axis.
(2) Aerial ladder. An aerial device con-
(2) Aerial lifts may be ‘‘field modi-
sisting of a single- or multiple-section
fied’’ for uses other than those in-
extensible ladder.
tended by the manufacturer, provided
(3) Articulating boom platform. An aer-
the modification has been certified in
ial device with two or more hinged
boom sections. writing by the manufacturer or by any
(4) Extensible boom platform. An aerial other equivalent entity, such as a na-
device (except ladders) with a tele- tionally recognized testing laboratory,
scopic or extensible boom. Telescopic to be in conformity with all applicable
derricks with personnel platform at- provisions of ANSI A92.2—1969 and this
tachments shall be considered to be ex- section, and to be at least as safe as
tensible boom platforms when used the equipment was before modification.
with a personnel platform. (3) The requirements of this section
(5) Insulated aerial device. An aerial do not apply to firefighting equipment
device designed for work on energized or to the vehicles upon which aerial de-
lines and apparatus. vices are mounted, except with respect
(6) Mobile unit. A combination of an to the requirement that a vehicle be a
aerial device, its vehicle, and related stable support for the aerial device.
equipment. (4) For operations near overhead elec-
(7) Platform. Any personnel-carrying tric lines, see § 1910.333(c)(3).
device (basket or bucket) which is a (c) Specific requirements—(1) Ladder
component of an aerial device. trucks and tower trucks. Before the
186
truck is moved for highway travel, aer- (xi) The insulated portion of an aerial
ial ladders shall be secured in the lower lift shall not be altered in any manner
traveling position by the locking de- that might reduce its insulating value.
vice above the truck cab, and the (xii) Before moving an aerial lift for
manually operated device at the base travel, the boom(s) shall be inspected
of the ladder, or by other equally effec- to see that it is properly cradled and
tive means (e.g., cradles which prevent outriggers are in stowed position, ex-
rotation of the ladder in combination cept as provided in paragraph
with positive acting linear actuators). (c)(2)(viii) of this section.
(2) Extensible and articulating boom (3) Electrical tests. Electrical tests
platforms. (i) Lift controls shall be test- shall be made in conformance with the
ed each day prior to use to determine requirements of ANSI A92.2—1969, Sec-
that such controls are in safe working tion 5. However, equivalent DC voltage
condition. tests may be used in lieu of the AC
(ii) Only trained persons shall oper- voltage test specified in A92.2—1969. DC
ate an aerial lift. voltage tests which are approved by
(iii) Belting off to an adjacent pole, the equipment manufacturer or equiva-
structure, or equipment while working lent entity shall be considered an
from an aerial lift shall not be per- equivalent test for the purpose of this
mitted. paragraph (c)(3).
(iv) Employees shall always stand (4) Bursting safety factor. All critical
firmly on the floor of the basket, and hydraulic and pneumatic components
shall not sit or climb on the edge of the shall comply with the provisions of the
basket or use planks, ladders, or other American National Standards Institute
devices for a work position. standard, ANSI A92.2—1969, Section 4.9
(v) A body belt shall be worn and a Bursting Safety Factor. Critical com-
lanyard attached to the boom or bas- ponents are those in which a failure
ket when working from an aerial lift. would result in a free fall or free rota-
(vi) Boom and basket load limits tion of the boom. All noncritical com-
specified by the manufacturer shall not ponents shall have a bursting safety
be exceeded. factor of at least two to one.
(vii) The brakes shall be set and out- (5) Welding standards. All welding
riggers, when used, shall be positioned shall conform to the following Auto-
on pads or a solid surface. Wheel motive Welding Society (AWS) Stand-
chocks shall be installed before using ards, which are incorporated by ref-
an aerial lift on an incline. erence as specified in § 1910.6, as appli-
(viii) An aerial lift truck may not be cable:
moved when the boom is elevated in a (i) Standard Qualification Procedure,
working position with men in the bas- AWS B3.0—41.
ket, except for equipment which is spe- (ii) Recommended Practices for
cifically designed for this type of oper- Automotive Welding Design, AWS
ation in accordance with the provisions D8.4–61.
of paragraphs (b)(1) and (b)(2) of this (iii) Standard Qualification of Weld-
section. ing Procedures and Welders for Piping
(ix) Articulating boom and extensible and Tubing, AWS D10.9–69.
boom platforms, primarily designed as
(iv) Specifications for Welding High-
personnel carriers, shall have both
way and Railway Bridges, AWS D2.0–69.
platform (upper) and lower controls.
Upper controls shall be in or beside the [39 FR 23502, June 27, 1974, as amended at 40
platform within easy reach of the oper- FR 13439, Mar. 26, 1975; 55 FR 32014, Aug. 6,
ator. Lower controls shall provide for 1990; 61 FR 9235, Mar. 7, 1996]
overriding the upper controls. Controls
shall be plainly marked as to their § 1910.68 Manlifts.
function. Lower level controls shall not (a) Definitions applicable to this sec-
be operated unless permission has been tion—(1) Handhold (Handgrip). A hand-
obtained from the employee in the lift, hold is a device attached to the belt
except in case of emergency. which can be grasped by the passenger
(x) Climbers shall not be worn while to provide a means of maintaining bal-
performing work from an aerial lift. ance.
187
(2) Open type. One which has a hand- section applies to manlifts used to
grip surface fully exposed and capable carry only personnel trained and au-
of being encircled by the passenger’s thorized by the employer in their use.
fingers. (2) Purpose. The purpose of this sec-
(3) Closed type. A cup-shaped device, tion is to provide reasonable safety for
open at the top in the direction of trav- life and limb.
el of the step for which it is to be used, (3) Design requirements. All new
and closed at the bottom, into which manlift installations and equipment
the passenger may place his fingers. installed after the effective date of
(4) Limit switch. A device, the purpose these regulations shall meet the design
of which is to cut off the power to the requirements of the ‘‘American Na-
motor and apply the brake to stop the tional Safety Standard for Manlifts
carrier in the event that a loaded step ANSI A90.1–1969’’, which is incor-
passes the terminal landing. porated by reference as specified in
(5) Manlift. A device consisting of a § 1910.6, and the requirements of this
power-driven endless belt moving in section.
one direction only, and provided with (4) Reference to other codes and sub-
steps or platforms and handholds at- parts. The following codes, and sub-
tached to it for the transportation of parts of this part, are applicable to this
personnel from floor to floor. section: Safety Code for Mechanical
(6) Rated speed. Rated speed is the Power Transmission Apparatus, ANSI
speed for which the device is designed B15.1–1953 (R 1958), and subpart O; sub-
and installed. part S; Safety Code for Fixed Ladders,
(7) Split-rail switch. An electric limit ANSI A14.3–1956, and Safety Require-
switch operated mechanically by the ments for Floor and Wall Openings,
rollers on the manlift steps. It consists Railings and Toeboards, ANSI A12.1–
of an additional hinged or ‘‘split’’ rail, 1967, and subpart D. The preceding
mounted on the regular guide rail, over ANSI standards are incorporated by
which the step rollers pass. It is reference as specified in § 1910.6.
springloaded in the ‘‘split’’ position. If (5) Floor openings—(i) Allowable size.
the step supports no load, the rollers Floor openings for both the ‘‘up’’ and
will ‘‘bump’’ over the switch; if a load- ‘‘down’’ runs shall be not less than 28
ed step should pass over the section, inches nor more than 36 inches in
the split rail will be forced straight, width for a 12-inch belt; not less than
tripping the switch and opening the 34 inches nor more than 38 inches for a
electrical circuit. 14-inch belt; and not less than 36 inches
(8) Step (platform). A step is a pas- nor more than 40 inches for a 16-inch
senger carrying unit. belt and shall extend not less than 24
(9) Travel. The travel is the distance inches, nor more than 28 inches from
between the centers of the top and bot- the face of the belt.
tom pulleys. (ii) Uniformity. All floor openings for
(b) General requirements—(1) Applica- a given manlift shall be uniform in size
tion. This section applies to the con- and shall be approximately circular,
struction, maintenance, inspection, and each shall be located vertically
and operation of manlifts in relation to above the opening below it.
accident hazards. Manlifts covered by (6) Landing—(i) Vertical clearance. The
this section consist of platforms or clearanace between the floor or mount-
brackets and accompanying handholds ing platform and the lower edge for the
mounted on, or attached to an endless conical guard above it required by sub-
belt, operating vertically in one direc- paragraph (7) of this paragraph shall
tion only and being supported by, and not be less than 7 feet 6 inches. Where
driven through pulleys, at the top and this clearance cannot be obtained no
bottom. These manlifts are intended access to the manlift shall be provided
for conveyance of persons only. It is and the manlift runway shall be en-
not intended that this section cover closed where it passes through such
moving stairways, elevators with en- floor.
closed platforms (‘‘Paternoster’’ ele- (ii) Clear landing space. The landing
vators), gravity lifts, nor conveyors space adjacent to the floor openings
used only for conveying material. This shall be free from obstruction and kept
188
clear at all times. This landing space with no rivets, bolts or screws pro-
shall be at least 2 feet in width from truding.
the edge of the floor opening used for (ii) Floating type. In lieu of the fixed
mounting and dismounting. guards specified in subdivision (i) of
(iii) Lighting and landing. Adequate this subparagraph a floating type safe-
lighting, not less than 5-foot candles, ty cone may be used, such floating
shall be provided at each floor landing cones to be mounted on hinges at least
at all times when the lift is in oper- 6 inches below the underside of the
ation. floor and so constructed as to actuate
(iv) Landing surface. The landing sur- a limit switch should a force of 2
faces at the entrances and exits to the pounds be applied on the edge of the
manlift shall be constructed and main- cone closest to the hinge. The depth of
tained as to provide safe footing at all this floating cone need not exceed 12
times. inches.
(v) Emergency landings. Where there is (8) Protection of entrances and exits—
a travel of 50 feet or more between (i) Guard rail requirement. The en-
floor landings, one or more emergency trances and exits at all floor landings
landings shall be provided so that there affording access to the manlift shall be
will be a landing (either floor or emer- guarded by a maze (staggered railing)
gency) for every 25 feet or less of or a handrail equipped with self-closing
manlift travel. gates.
(ii) Construction. The rails shall be
(a) Emergency landings shall be ac-
standard guardrails with toeboards
cessible from both the ‘‘up’’ and
meeting the provisions of the Safety
‘‘down’’ rungs of the manlift and shall
Requirements for Floor and Wall Open-
give access to the ladder required in
ings, Railings and Toeboards, ANSI
subparagraph (12) of this paragraph.
A12.1–1967 and § 1910.23.
(b) Emergency landings shall be com- (iii) Gates. Gates, if used, shall open
pletely enclosed with a standard rail- outward and shall be self-closing. Cor-
ing and toeboard. ners of gates shall be rounded.
(c) Platforms constructed to give ac- (iv) Maze. Maze or staggered openings
cess to bucket elevators or other equip- shall offer no direct passage between
ment for the purpose of inspection, lu- enclosure and outer floor space.
brication, and repair may also serve as (v) Except where building layout pre-
emergency landings under this rule. All vents, entrances at all landings shall
such platforms will then be considered be in the same relative position.
part of the emergency landing and (9) Guards for openings—(i) Construc-
shall be provided with standard rail- tion. The floor opening at each landing
ings and toeboards. shall be guarded on sides not used for
(7) Guards on underside of floor open- entrance or exit by a wall, a railing
ings—(i) Fixed type. On the ascending and toeboard or by panels of wire mesh
side of the manlift floor openings shall of suitable strength.
be provided with a bevel guard or cone (ii) Height and location. Such rails or
meeting the following requirements: guards shall be at least 42 inches in
(a) The cone shall make an angle of height on the up-running side and 66
not less than 45° with the horizontal. inches on the down-running side.
An angle of 60° or greater shall be used (10) Bottom arrangement—(i) Bottom
where ceiling heights permit. landing. At the bottom landing the
(b) The lower edge of this guard shall clear area shall be not smaller than the
extend at least 42 inches outward from area enclosed by the guardrails on the
any handhold on the belt. It shall not floors above, and any wall in front of
extend beyond the upper surface of the the down-running side of the belt shall
floor above. be not less than 48 inches from the face
(c) The cone shall be made of not less of the belt. This space shall not be en-
than No. 18 U.S. gauge sheet steel or croached upon by stairs or ladders.
material of equivalent strength or (ii) Location of lower pulley. The lower
stiffness. The lower edge shall be rolled (boot) pulley shall be installed so that
to a minimum diameter of one-half it is supported by the lowest landing
inch and the interior shall be smooth served. The sides of the pulley support
189
shall be guarded to prevent contact A14.3–1956 Safety Code for Fixed Lad-
with the pulley or the steps. ders and § 1910.27.
(iii) Mounting platform. A mounting (13) Superstructure bracing. Manlift
platform shall be provided in front or rails shall be secured in such a manner
to one side of the uprun at the lowest as to avoid spreading, vibration, and
landing, unless the floor level is such misalinement.
that the following requirement can be (14) Illumination—(i) General. Both
met: The floor or platform shall be at runs of the manlift shall be illumi-
or above the point at which the upper nated at all times when the lift is in
surface of the ascending step completes operation. An intensity of not less than
its turn and assumes a horizontal posi- 1-foot candle shall be maintained at all
tion. points. (However, see subparagraph
(iv) Guardrails. To guard against per- (6)(iii) of this paragraph for illumina-
sons walking under a descending step, tion requirements at landings.)
the area on the downside of the manlift (ii) Control of illumination. Lighting of
shall be guarded in accordance with manlift runways shall be by means of
subparagraph (8) of this paragraph. To circuits permanently tied in to the
guard against a person getting between building circuits (no switches), or shall
the mounting platform and an ascend- be controlled by switches at each land-
ing step, the area between the belt and ing. Where separate switches are pro-
the platform shall be protected by a
vided at each landing, any switch shall
guardrail.
turn on all lights necessary to illu-
(11) Top arrangements—(i) Clearance minate the entire runway.
from floor. A top clearance shall be pro-
(15) Weather protection. The entire
vided of at least 11 feet above the top
manlift and its driving mechanism
terminal landing. This clearance shall
shall be protected from the weather at
be maintained from a plane through
each face of the belt to a vertical cylin- all times.
drical plane having a diameter 2 feet (c) Mechanical requirements—(1) Ma-
greater than the diameter of the floor chines, general—(i) Brakes. Brakes pro-
opening, extending upward from the vided for stopping and holding a
top floor to the ceiling on the up-run- manlift shall be inherently self-engag-
ning side of the belt. No encroachment ing, by requiring power or force from
of structural or machine supporting an external source to cause disengage-
members within this space will be per- ment. The brake shall be electrically
mitted. released, and shall be applied to the
(ii) Pulley clearance. (a) There shall be motor shaft for direct-connected units
a clearance of at least 5 feet between or to the input shaft for belt-driven
the center of the head pulley shaft and units. The brake shall be capable of
any ceiling obstruction. stopping and holding the manlift when
(b) The center of the head pulley the descending side is loaded with 250
shaft shall be not less than 6 feet above lb on each step.
the top terminal landing. (ii) Belt. (a) The belts shall be of
(iii) Emergency grab rail. An emer- hard-woven canvas, rubber-coated can-
gency grab bar or rail and platform vas, leather, or other material meeting
shall be provided at the head pulley the strength requirements of paragraph
when the distance to the head pulley is (b)(3) of this section and having a coef-
over 6 feet above the top landing, oth- ficient of friction such that when used
erwise only a grab bar or rail is to be in conjunction with an adequate ten-
provided to permit the rider to swing sion device it will meet the brake test
free should the emergency stops be- specified in subdivision (i) of this sub-
come inoperative. paragraph.
(12) Emergency exit ladder. A fixed (b) The width of the belt shall be not
metal ladder accessible from both the less than 12 inches for a travel not ex-
‘‘up’’ and ‘‘down’’ run of the manlift ceeding 100 feet, not less than 14 inches
shall be provided for the entire travel for a travel greater than 100 feet but
of the manlift. Such ladder shall be in not exceeding 150 feet and 16 inches for
accordance with the existing ANSI a travel exceeding 150 feet.
190
(c) A belt that has become torn while not less than 4 feet nor more than 4
in use on a manlift shall not be spliced feet 8 inches above the step tread.
and put back in service. These shall be so located as to be avail-
(2) Speed—(i) Maximum speed. No able on the both ‘‘up’’ and ‘‘down’’ run
manlift designed for a speed in excess of the belt.
of 80 feet per minute shall be installed. (ii) Size. The grab surface of the
(ii) [Reserved] handhold shall be not less than 41⁄2
(3) Platforms or steps—(i) Minimum inches in width, not less than 3 inches
depth. Steps or platforms shall be not in depth, and shall provide 2 inches of
less than 12 inches nor more than 14 clearance from the belt. Fastenings for
inches deep, measured from the belt to handholds shall be located not less
the edge of the step or platform. than 1 inch from the edge of the belt.
(ii) Width. The width of the step or
(iii) Strength. The handhold shall be
platform shall be not less than the
capable of withstanding, without dam-
width of the belt to which it is at-
age, a load of 300 pounds applied par-
tached.
(iii) Distance between steps. The dis- allel to the run of the belt.
tance between steps shall be equally (iv) Prohibition of handhold without
spaced and not less than 16 feet meas- steps. No handhold shall be provided
ured from the upper surface of one step without a corresponding step. If a
to the upper surface of the next step handhold is removed permanently or
above it. temporarily, the corresponding step
(iv) Angle of step. The surface of the and handhold for the opposite direction
step shall make approximately a right of travel shall also be removed before
angle with the ‘‘up’’ and ‘‘down’’ run of the lift is again placed in service.
the belt, and shall travel in the approx- (v) Type. All handholds shall be of the
imate horizontal position with the closed type.
‘‘up’’ and ‘‘down’’ run of the belt. (5) Up limit stops—(i) Requirements.
(v) Surfaces. The upper or working Two separate automatic stop devices
surfaces of the step shall be of a mate- shall be provided to cut off the power
rial having inherent nonslip character- and apply the brake when a loaded step
istics (coefficient of friction not less passes the upper terminal landing. One
than 0.5) or shall be covered completely of these shall consist of a split-rail
by a nonslip tread securely fastened to switch mechanically operated by the
it. step roller and located not more than 6
(vi) Strength of step supports. When inches above the top terminal landing.
subjected to a load of 400 pounds ap- The second automatic stop device may
plied at the approximate center of the consist of any of the following:
step, step frames, or supports and their (a) Any split-rail switch placed 6
guides shall be of adequate strength to: inches above and on the side opposite
(a) Prevent the disengagement of any the first limit switch.
step roller.
(b) An electronic device.
(b) Prevent any appreciable
(c) A switch actuated by a lever, rod,
misalinement.
(c) Prevent any visible deformation or plate, the latter to be placed on the
of the steps or its support. ‘‘up’’ side of the head pulley so as to
(vii) Prohibition of steps without just clear a passing step.
handholds. No steps shall be provided (ii) Manual reset location. After the
unless there is a corresponding hand- manlift has been stopped by a stop de-
hold above or below it meeting the re- vice it shall be necessary to reset the
quirements of paragraph (c)(4) of this automatic stop manually. The device
section. If a step is removed for repairs shall be so located that a person reset-
or permanently, the handholds imme- ting it shall have a clear view of both
diately above and below it shall be re- the ‘‘up’’ and ‘‘down’’ runs of the
moved before the lift is again placed in manlift. It shall not be possible to
service. reset the device from any step or plat-
(4) Handholds—(i) Location. form.
Handholds attached to the belt shall be (iii) Cut-off point. The initial limit
provided and installed so that they are stop device shall function so that the
191
manlift will be stopped before the load- cending passenger and not more than 2
ed step has reached a point 24 inches feet above the top terminal landing.
above the top terminal landing. (b) In addition to the sign required by
(iv) Electrical requirements. (a) Where paragraph (c)(7)(ii)(a) of this section, a
such switches open the main motor cir- red warning light of not less than 40-
cuit directly they shall be of the watt rating shall be provided imme-
multipole type. diately below the upper landing ter-
(b) Where electronic devices are used minal and so located as to shine in the
they shall be so designed and installed passenger’s face.
that failure will result in shutting off (iii) Visitor warning. A conspicuous
the power to the driving motor. sign having the following legend—AU-
(c) Where flammable vapors or com- THORIZED PERSONNEL ONLY—shall
bustible dusts may be present, elec- be displayed at each landing.
trical installations shall be in accord- (d) Operating rules—(1) Proper use of
ance with the requirements of subpart manlifts. No freight, packaged goods,
S of this part for such locations. pipe, lumber, or construction materials
(d) Unless of the oil-immersed type of any kind shall be handled on any
controller contacts carrying the main manlift.
motor current shall be copper to car- (2) [Reserved]
bon or equal, except where the circuit (e) Periodic inspection—(1) Frequency.
is broken at two or more points simul- All manlifts shall be inspected by a
taneously. competent designated person at inter-
(6) Emergency stop—(i) General. An vals of not more than 30 days. Limit
emergency stop means shall be pro- switches shall be checked weekly.
vided. Manlifts found to be unsafe shall not be
(ii) Location. This stop means shall be operated until properly repaired.
within easy reach of the ascending and (2) Items covered. This periodic inspec-
descending runs of the belt. tion shall cover but is not limited to
(iii) Operation. This stop means shall the following items:
be so connected with the control lever Steps.
or operating mechanism that it will Step Fastenings.
cut off the power and apply the brake Rails.
when pulled in the direction of travel. Rail Supports and Fastenings.
(iv) Rope. If rope is used, it shall be Rollers and Slides.
Belt and Belt Tension.
not less than three-eights inch in di- Handholds and Fastenings.
ameter. Wire rope, unless marlin-cov- Floor Landings.
ered, shall not be used. Guardrails.
(7) Instruction and warning signs—(i) Lubrication.
Instruction signs at landings or belts. Limit Switches.
Signs of conspicuous and easily read Warning Signs and Lights.
style giving instructions for the use of Illumination.
Drive Pulley.
the manlift shall be posted at each Bottom (boot) Pulley and Clearance.
landing or stenciled on the belt. Pulley Supports.
(a) [Reserved] Motor.
(b) The instructions shall read ap- Driving Mechanism.
proximately as follows: Brake.
Electrical Switches.
Face the Belt. Vibration and Misalignment.
Use the Handholds. ‘‘Skip’’ on up or down run when mounting
To Stop—Pull Rope. step (indicating worn gears).
(ii) Top floor warning sign and light. (3) Inspection record. A certification
(a) At the top floor an illuminated sign record shall be kept of each inspection
shall be displayed bearing the fol- which includes the date of the inspec-
lowing wording: tion, the signature of the person who
‘‘TOP FLOOR—GET OFF’’ performed the inspection and the serial
number, or other identifier, of the
Signs shall be in block letters not less manlift which was inspected. This
than 2 inches in height. This sign shall record of inspection shall be made
be located within easy view of an as- available to the Assistant Secretary of
192
Labor or a duly authorized representa- lecting equipment, (d) exhauster, and

tive. (e) discharge stack.
(ix) Particulate-filter respirator. An air
FR 49746, Oct. 24, 1978; 51 FR 34560, Sept. 29, purifying respirator, commonly re-
1986; 54 FR 24334, June 7, 1989; 55 FR 32014, ferred to as a dust or a fume respirator,
Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996] which removes most of the dust or
fume from the air passing through the
Subpart G—Occupational Health device.
and Environmental Control (x) Respirable dust. Airborne dust in
sizes capable of passing through the
upper respiratory system to reach the
AUTHORITY: Secs. 4, 6, and 8 of the Occupa- lower lung passages.
tional Safety and Health Act of 1970 (29
U.S.C. 653, 655, 657); Secretary of Labor’s (xi) Rotary blast cleaning table. An en-
Order No. 12–71 (36 FR 8754), 8–76 (41 FR closure where the pieces to be cleaned
25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6– are positioned on a rotating table and
96 (62 FR 111), 3–2000 (65 FR 50017), or 5–2002 are passed automatically through a se-
(67 FR 50017) as applicable; and 29 CFR part ries of blast sprays.
1911. (xii) Abrasive blasting. The forcible
application of an abrasive to a surface
§ 1910.94 Ventilation.
by pneumatic pressure, hydraulic pres-
(a) Abrasive blasting—(1) Definitions sure, or centrifugal force.
applicable to this paragraph—(i) Abra- (2) Dust hazards from abrasive blasting.
sive. A solid substance used in an abra- (i) Abrasives and the surface coatings
sive blasting operation. on the materials blasted are shattered
(ii) Abrasive-blasting respirator. A res- and pulverized during blasting oper-
pirator constructed so that it covers ations and the dust formed will contain
the wearer’s head, neck, and shoulders particles of respirable size. The com-
to protect the wearer from rebounding position and toxicity of the dust from
abrasive. these sources shall be considered in
(iii) Blast cleaning barrel. A complete making an evaluation of the potential
enclosure which rotates on an axis, or health hazards.
which has an internal moving tread to (ii) The concentration of respirable
tumble the parts, in order to expose dust or fume in the breathing zone of
various surfaces of the parts to the ac- the abrasive-blasting operator or any
tion of an automatic blast spray. other worker shall be kept below the
(iv) Blast cleaning room. A complete levels specified in § 1910.1000.
enclosure in which blasting operations (iii) Organic abrasives which are
are performed and where the operator combustible shall be used only in auto-
works inside of the room to operate the matic systems. Where flammable or ex-
blasting nozzle and direct the flow of plosive dust mixtures may be present,
the abrasive material. the construction of the equipment, in-
(v) Blasting cabinet. An enclosure cluding the exhaust system and all
where the operator stands outside and electric wiring, shall conform to the
operates the blasting nozzle through an requirements of American National
opening or openings in the enclosure. Standard Installation of Blower and
(vi) Clean air. Air of such purity that Exhaust Systems for Dust, Stock, and
it will not cause harm or discomfort to Vapor Removal or Conveying, Z33.1–
an individual if it is inhaled for ex- 1961 (NFPA 91–1961), which is incor-
tended periods of time. porated by reference as specified in
(vii) Dust collector. A device or com- § 1910.6, and subpart S of this part. The
bination of devices for separating dust blast nozzle shall be bonded and
from the air handled by an exhaust grounded to prevent the build up of
ventilation system. static charges. Where flammable or ex-
(viii) Exhaust ventilation system. A plosive dust mixtures may be present,
system for removing contaminated air the abrasive blasting enclosure, the
from a space, comprising two or more ducts, and the dust collector shall be
of the following elements (a) enclosure constructed with loose panels or explo-
or hood, (b) duct work, (c) dust col- sion venting areas, located on sides
193
away from any occupied area, to pro- (b) The static pressure drop at the ex-
vide for pressure relief in case of explo- haust ducts leading from the equip-
sion, following the principles set forth ment shall be checked when the instal-
in the National Fire Protection Asso- lation is completed and periodically
ciation Explosion Venting Guide, thereafter to assure continued satisfac-
NFPA 68–1954, which is incorporated by tory operation. Whenever an appre-
reference as specified in § 1910.6. ciable change in the pressure drop indi-
(3) Blast-cleaning enclosures. (i) Blast- cates a partial blockage, the system
cleaning enclosures shall be exhaust shall be cleaned and returned to nor-
ventilated in such a way that a contin- mal operating condition.
uous inward flow of air will be main- (ii) In installations where the abra-
tained at all openings in the enclosure sive is recirculated, the exhaust ven-
during the blasting operation. tilation system for the blasting enclo-
(a) All air inlets and access openings sure shall not be relied upon for the re-
shall be baffled or so arranged that by moval of fines from the spent abrasive
the combination of inward air flow and instead of an abrasive separator. An
baffling the escape of abrasive or dust abrasive separator shall be provided for
particules into an adjacent work area the purpose.
will be minimized and visible spurts of (iii) The air exhausted from blast-
dust will not be observed. cleaning equipment shall be discharged
(b) The rate of exhaust shall be suffi- through dust collecting equipment.
cient to provide prompt clearance of Dust collectors shall be set up so that
the dust-laden air within the enclosure the accumulated dust can be emptied
after the cessation of blasting. and removed without contaminating
(c) Before the enclosure is opened, other working areas.
the blast shall be turned off and the ex- (5) Personal protective equipment. (i)
haust system shall be run for a suffi- Employers must use only respirators
cient period of time to remove the approved by the National Institute for
dusty air within the enclosure. Occupational Safety and Health
(d) Safety glass protected by screen- (NIOSH) under 42 CFR part 84 to pro-
ing shall be used in observation win- tect employees from dusts produced
dows, where hard deep-cutting abra- during abrasive-blasting operations.
sives are used. (ii) Abrasive-blasting respirators
(e) Slit abrasive-resistant baffles shall be worn by all abrasive-blasting
shall be installed in multiple sets at all operators:
small access openings where dust (a) When working inside of blast-
might escape, and shall be inspected cleaning rooms, or
regularly and replaced when needed. (b) When using silica sand in manual
(1) Doors shall be flanged and tight blasting operations where the nozzle
when closed. and blast are not physically separated
(2) Doors on blast-cleaning rooms from the operator in an exhaust venti-
shall be operable from both inside and lated enclosure, or
outside, except that where there is a (c) Where concentrations of toxic
small operator access door, the large dust dispersed by the abrasive blasting
work access door may be closed or may exceed the limits set in § 1910.1000
opened from the outside only. and the nozzle and blast are not phys-
(ii) [Reserved] ically separated from the operator in
(4) Exhaust ventilation systems. (i) The an exhaust-ventilated enclosure.
construction, installation, inspection, (iii) Properly fitted particulate-filter
and maintenance of exhaust systems respirators, commonly referred to as
shall conform to the principles and re- dust-filter respirators, may be used for
quirements set forth in American Na- short, intermittent, or occasional dust
tional Standard Fundamentals Gov- exposures such as cleanup, dumping of
erning the Design and Operation of dust collectors, or unloading shipments
Local Exhaust Systems, Z9.2–1960, and of sand at a receiving point when it is
ANSI Z33.1–1961, which is incorporated not feasible to control the dust by en-
by reference as specified in § 1910.6. closure, exhaust ventilation, or other
(a) When dust leaks are noted, re- means. The respirators used must be
pairs shall be made as soon as possible. approved by NIOSH under 42 CFR part
194
84 for protection against the specific work is done without the aid of abra-
type of dust encountered. sives.
(a) Dust-filter respirators may be (b) Grinding, polishing, and buffing op-
used to protect the operator of outside erations—(1) Definitions applicable to this
abrasive-blasting operations where paragraph—(i) Abrasive cutting-off
nonsilica abrasives are used on mate- wheels. Organic-bonded wheels, the
rials having low toxicities. thickness of which is not more than
(b) Dust-filter respirators shall not be one forty-eighth of their diameter for
used for continuous protection where those up to, and including, 20 inches in
silica sand is used as the blasting abra- diameter, and not more than one-six-
sive, or toxic materials are blasted. tieth of their diameter for those larger
(iv) For employees who use res- than 20 inches in diameter, used for a
pirators required by this section, the multitude of operations variously
employer must implement a res- known as cutting, cutting off,
piratory protection program in accord- grooving, slotting, coping, and joint-
ance with 29 CFR 1910.134. ing, and the like. The wheels may be
(v) Operators shall be equipped with ‘‘solid’’ consisting of organic-bonded
heavy canvas or leather gloves and abrasive material throughout, ‘‘steel
aprons or equivalent protection to pro- centered’’ consisting of a steel disc
tect them from the impact of abra- with a rim of organic-bonded material
sives. Safety shoes shall be worn to moulded around the periphery, or of
protect against foot injury where the ‘‘inserted tooth’’ type consisting of
heavy pieces of work are handled. a steel disc with organic-bonded abra-
(a) Safety shoes shall conform to the sive teeth or inserts mechanically se-
requirements of American National cured around the periphery.
Standard for Men’s Safety-Toe Foot- (ii) Belts. All power-driven, flexible,
wear, Z41.1–1967, which is incorporated coated bands used for grinding,
by reference as specified in § 1910.6. polishing, or buffing purposes.
(b) Equipment for protection of the (iii) Branch pipe. The part of an ex-
eyes and face shall be supplied to the haust system piping that is connected
operator when the respirator design directly to the hood or enclosure.
does not provide such protection and to (iv) Cradle. A movable fixture, upon
any other personnel working in the vi- which the part to be ground or polished
cinity of abrasive blasting operations. is placed.
This equipment shall conform to the (v) Disc wheels. All power-driven ro-
requirements of § 1910.133. tatable discs faced with abrasive mate-
(6) Air supply and air compressors. Air rials, artificial or natural, and used for
for abrasive-blasting respirators must grinding or polishing on the side of the
be free of harmful quantities of dusts, assembled disc.
mists, or noxious gases, and must meet (vi) Entry loss. The loss in static pres-
the requirements for supplied-air qual- sure caused by air flowing into a duct
ity and use specified in 29 CFR or hood. It is usually expressed in
1910.134(i). inches of water gauge.
(7) Operational procedures and general (vii) Exhaust system. A system con-
safety. Dust shall not be permitted to sisting of branch pipes connected to
accumulate on the floor or on ledges hoods or enclosures, one or more head-
outside of an abrasive-blasting enclo- er pipes, an exhaust fan, means for sep-
sure, and dust spills shall be cleaned up arating solid contaminants from the
promptly. Aisles and walkways shall be air flowing in the system, and a dis-
kept clear of steel shot or similar abra- charge stack to outside.
sive which may create a slipping haz- (viii) Grinding wheels. All power-driv-
ard. en rotatable grinding or abrasive
(8) Scope. This paragraph (a) applies wheels, except disc wheels as defined in
to all operations where an abrasive is this standard, consisting of abrasive
forcibly applied to a surface by pneu- particles held together by artificial or
matic or hydraulic pressure, or by cen- natural bonds and used for peripheral
trifugal force. It does not apply to grinding.
steam blasting, or steam cleaning, or (ix) Header pipe (main pipe). A pipe
hydraulic cleaning methods where into which one or more branch pipes
195
enter and which connects such branch (3) Hood and branch pipe requirements.
pipes to the remainder of the exhaust (i) Hoods connected to exhaust systems
system. shall be used, and such hoods shall be
(x) Hoods and enclosures. The partial designed, located, and placed so that
or complete enclosure around the the dust or dirt particles shall fall or
wheel or disc through which air enters be projected into the hoods in the di-
an exhaust system during operation. rection of the air flow. No wheels,
(xi) Horizontal double-spindle disc discs, straps, or belts shall be operated
grinder. A grinding machine carrying in such manner and in such direction
two power-driven, rotatable, coaxial, as to cause the dust and dirt particles
horizontal spindles upon the inside to be thrown into the operator’s
ends of which are mounted abrasive
breathing zone.
disc wheels used for grinding two sur-
faces simultaneously. (ii) Grinding wheels on floor stands,
(xii) Horizontal single-spindle disc pedestals, benches, and special-purpose
grinder. A grinding machine carrying grinding machines and abrasive cut-
an abrasive disc wheel upon one or ting-off wheels shall have not less than
both ends of a power-driven, rotatable the minimum exhaust volumes shown
single horizontal spindle. in Table G–4 with a recommended min-
(xiii) Polishing and buffing wheels. All imum duct velocity of 4,500 feet per
power-driven rotatable wheels com- minute in the branch and 3,500 feet per
posed all or in part of textile fabrics, minute in the main. The entry losses
wood, felt, leather, paper, and may be from all hoods except the vertical-spin-
coated with abrasives on the periphery dle disc grinder hood, shall equal 0.65
of the wheel for purposes of polishing, velocity pressure for a straight takeoff
buffing, and light grinding. and 0.45 velocity pressure for a tapered
(xiv) Portable grinder. Any power-driv- takeoff. The entry loss for the vertical-
en rotatable grinding, polishing, or spindle disc grinder hood is shown in
buffing wheel mounted in such manner figure G–1 (following § 1910.94(b)).
that it may be manually manipulated.
(xv) Scratch brush wheels. All power- TABLE G–4—GRINDING AND ABRASIVE CUTTING-
driven rotatable wheels made from OFF WHEELS
wire or bristles, and used for scratch
cleaning and brushing purposes. Minimum
Wheel exhaust
(xvi) Swing-frame grinder. Any power- Wheel diameter (inches) width volume
(inches)
driven rotatable grinding, polishing, or (feet3/min.)
buffing wheel mounted in such a man- To 9 ............................................... 11⁄2 220
ner that the wheel with its supporting Over 9 to 16 .................................. 2 390
framework can be manipulated over Over 16 to 19 ................................ 3 500
stationary objects. Over 19 to 24 ................................ 4 610
(xvii) Velocity pressure (vp). The ki- Over 24 to 30 ................................ 5 880
Over 30 to 36 ................................ 6 1,200
netic pressure in the direction of flow
necessary to cause a fluid at rest to
flow at a given velocity. It is usually For any wheel wider than wheel diame-
expressed in inches of water gauge. ters shown in Table G–4, increase the
(xviii) Vertical spindle disc grinder. A exhaust volume by the ratio of the new
grinding machine having a vertical, ro- width to the width shown.
tatable power-driven spindle carrying a
Example: If wheel width=41⁄2 inches, then
horizontal abrasive disc wheel.
(2) Application. Wherever dry grind- 4.5÷4×610 = 686 (rounded to 690).
ing, dry polishing or buffing is per- (iii) Scratch-brush wheels and all
formed, and employee exposure, with-
buffing and polishing wheels mounted
out regard to the use of respirators, ex-
on floor stands, pedestals, benches, or
ceeds the permissible exposure limits
special-purpose machines shall have
prescribed in § 1910.1000 or other sec-
tions of this part, a local exhaust ven- not less than the minimum exhaust
tilation system shall be provided and volume shown in Table G–5.
used to maintain employee exposures
within the prescribed limits.
196
TABLE G–5—BUFFING AND POLISHING WHEELS TABLE G–8—VERTICAL SPINDLE DISC GRINDER
Minimum One-half or more Disc not cov-
Wheel of disc covered ered
exhaust
Wheel diameter (inches) width volume
(inches) Disc diameter (inches) Ex- Ex-
(feet3/min.)
Num- haust Num- haust
ber 1 foot3/ ber 1 foot3/
To 9 ............................................... 2 300 min.) min.
Over 9 to 16 .................................. 3 500
Over 16 to 19 ................................ 4 610 Up to 20 ..................... 1 500 2 780
Over 19 to 24 ................................ 5 740 Over 20 to 30 ............ 2 780 2 1,480
Over 24 to 30 ................................ 6 1,040 Over 30 to 53 ............ 2 1,770 4 3,530
Over 30 to 36 ................................ 6 1,200 Over 53 to 72 ............ 2 3,140 5 6,010
1 Number of exhaust outlets around periphery of hood, or
equal distribution provided by other means.
(iv) Grinding wheels or discs for hori-
zontal single-spindle disc grinders shall (vii) Grinding and polishing belts
be hooded to collect the dust or dirt shall be provided with hoods to remove
generated by the grinding operation dust and dirt generated in the oper-
and the hoods shall be connected to ations and the hoods shall be connected
branch pipes having exhaust volumes to branch pipes having exhaust vol-
as shown in Table G–6. umes as shown in Table G–9.
TABLE G–6—HORIZONTAL SINGLE-SPINDLE DISC TABLE G–9—GRINDING AND POLISHING BELTS

GRINDER Exhaust
Belts width (inches) volume
Exhaust (ft.3/min.)
Disc diameter (inches) volume
(ft.3/min.) Up to 3 ................................................................. 220
Over 3 to 5 .......................................................... 300
Up to 12 ............................................................... 220 Over 5 to 7 .......................................................... 390
Over 12 to 19 ...................................................... 390 Over 7 to 9 .......................................................... 500
Over 9 to 11 ........................................................ 610
Over 19 to 30 ...................................................... 610
Over 11 to 13 ...................................................... 740
Over 30 to 36 ...................................................... 880
(viii) Cradles and swing-frame grind-

(v) Grinding wheels or discs for hori- ers. Where cradles are used for han-
zontal double-spindle disc grinders dling the parts to be ground, polished,
shall have a hood enclosing the grind- or buffed, requiring large partial enclo-
ing chamber and the hood shall be con- sures to house the complete operation,
nected to one or more branch pipes a minimum average air velocity of 150
having exhaust volumes as shown in feet per minute shall be maintained
Table G–7. over the entire opening of the enclo-
sure. Swing-frame grinders shall also
TABLE G–7—HORIZONTAL DOUBLE-SPINDLE be exhausted in the same manner as
DISC GRINDER provided for cradles. (See fig. G–3)
(ix) Where the work is outside the
Exhaust
Disc diameter (inches) volume hood, air volumes must be increased as
(ft.3/min.) shown in American Standard Fun-
damentals Governing the Design and
Up to 19 ............................................................... 610
Over 19 to 25 ...................................................... 880 Operation of Local Exhaust Systems,
Over 25 to 30 ...................................................... 1,200 Z9.2–1960 (section 4, exhaust hoods).
Over 30 to 53 ...................................................... 1,770 (4) Exhaust systems. (i) Exhaust sys-
Over 53 to 72 ...................................................... 6,280 tems for grinding, polishing, and buff-
ing operations should be designed in
(vi) Grinding wheels or discs for accordance with American Standard
vertical single-spindle disc grinders Fundamentals Governing the Design
shall be encircled with hoods to remove and Operation of Local Exhaust Sys-
the dust generated in the operation. tems, Z9.2–1960.
The hoods shall be connected to one or (ii) Exhaust systems for grinding,
more branch pipes having exhaust vol- polishing, and buffing operations shall
umes as shown in Table G–8. be tested in the manner described in
American Standard Fundamentals
Governing the Design and Operation of
Local Exhaust Systems, Z9.2–1960.
197
(iii) All exhaust systems shall be pro- partial enclosure similar to figure G–5.
vided with suitable dust collectors. The operator shall be positioned out-
(5) Hood and enclosure design. (i)(a) It side the working face of the opening of
is the dual function of grinding and ab- the enclosure. The face opening of the
rasive cutting-off wheel hoods to pro- enclosure should not be any greater in
tect the operator from the hazards of area than that actually required for
bursting wheels as well as to provide a the performance of the operation and
means for the removal of dust and dirt the average air velocity into the work-
generated. All hoods shall be not less ing face of the enclosure shall not be
in structural strength than specified in less than 150 feet per minute.
the American National Standard Safe- (vii) Hoods for horizontal single-spin-
ty Code for the Use, Care, and Protec- dle disc grinders shall be constructed
tion of Abrasive Wheels, B7.1–1970, to conform as closely as possible to the
which is incorporated by reference as hood shown in figure G–6. It is essen-
specified in § 1910.6. tial that there be a space between the
(b) Due to the variety of work and back of the wheel and the hood, and a
types of grinding machines employed, space around the periphery of the
it is necessary to develop hoods adapt- wheel of at least 1 inch in order to per-
able to the particular machine in ques- mit the suction to act around the
tion, and such hoods shall be located as
wheel periphery. The opening on the
close as possible to the operation.
side of the disc shall be no larger than
(ii) Exhaust hoods for floor stands,
is required for the grinding operation,
pedestals, and bench grinders shall be
but must never be less than twice the
designed in accordance with figure G–2.
area of the branch outlet.
The adjustable tongue shown in the fig-
ure shall be kept in working order and (viii) Horizontal double-spindle disc
shall be adjusted within one-fourth grinders shall have a hood encircling
inch of the wheel periphery at all the wheels and grinding chamber simi-
times. lar to that illustrated in figure G–7.
(iii) Swing-frame grinders shall be The openings for passing the work into
provided with exhaust booths as indi- the grinding chamber should be kept as
cated in figure G–3. small as possible, but must never be
(iv) Portable grinding operations, less than twice the area of the branch
whenever the nature of the work per- outlets.
mits, shall be conducted within a par- (ix) Vertical-spindle disc grinders
tial enclosure. The opening in the en- shall be encircled with a hood so con-
closure shall be no larger than is actu- structed that the heavy dust is drawn
ally required in the operation and an off a surface of the disc and the lighter
average face air velocity of not less dust exhausted through a continuous
than 200 feet per minute shall be main- slot at the top of the hood as shown in
tained. figure G–1.
(v) Hoods for polishing and buffing (x) Grinding and polishing belt hoods
and scratch-brush wheels shall be con- shall be constructed as close to the op-
structed to conform as closely to figure eration as possible. The hood should
G–4 as the nature of the work will per- extend almost to the belt, and 1-inch
mit. wide openings should be provided on ei-
(vi) Cradle grinding and polishing op- ther side. Figure G–8 shows a typical
erations shall be performed within a hood for a belt operation.
198
Dia D. inches Exhaust E Volume

Exhausted Note
No at 4,500 ft/
Min. Max. Dia.
Pipes min ft3/min
........................................................ 20 1 41⁄4 500 When one-half or more of the disc can be hood-
ed, use exhaust ducts as shown at the left.
Over 20 ......................................... 30 2 4 780
Over 30 ......................................... 72 2 6 1,770
Over 53 ......................................... 72 2 8 3,140
........................................................ 20 2 4 780 When no hood can be used over disc, use ex-
haust ducts as shown at left.
Over 20 ......................................... 20 2 4 780
Over 30 ......................................... 30 2 51⁄2 1,480
Over 53 ......................................... 53 4 6 3,530
72 5 7 6,010
Entry loss=1.0 slot velocity pressure + 0.5 branch velocity pressure.

Minimum slot velocity=2,000 ft/min—1⁄2-inch slot width.
199
EC27OC91.015</GPH>
Wheel dimension, inches Volume of

Exhaust air at
Diameter outlet, 4,500 ft/
Width, Max inches E min
Min=d Max=D
9 11⁄2 3 220
Over 9 ........................................................................................................... 16 2 4 390
Over 16 ......................................................................................................... 19 3 41⁄2 500
Over 19 ......................................................................................................... 24 4 5 610
Over 24 ......................................................................................................... 30 5 6 880
Over 30 ......................................................................................................... 36 6 7 1,200
Entry loss = 0.45 velocity pressure for tapered takeoff 0.65 velocity pressure for straight takeoff.
200
EC27OC91.016</GPH>
201
EC27OC91.017</GPH>
Standard Buffing and Polishing Hood
Wheel dimension, inches Volume of

Exhaust air at
Diameter outlet, 4,500 ft/
Width, Max inches E min
Min=d Max=D
9 2 31⁄2 300
Over 9 ........................................................................................................... 16 3 4 500
Over 16 ......................................................................................................... 19 4 5 610
Over 19 ......................................................................................................... 24 5 5 ⁄2
1 740
Over 24 ......................................................................................................... 30 6 6 ⁄2
1 1.040
Over 30 ......................................................................................................... 36 6 7 1.200
Entry loss = 0.15 velocity pressure for tapered takeoff; 0.65 velocity pressure for straight takeoff.
202
EC27OC91.018</GPH>
203
EC27OC91.019</GPH>
Dia D, inches Volume ex-

Exhaust E, hausted at
dia. inches 4,500 ft/min
Min. Max. ft3/min
12 3 220
Over 12 .............................................................................................................................. 19 4 390
Over 19 .............................................................................................................................. 30 5 610
Over 30 .............................................................................................................................. 36 6 880
NOTE: If grinding wheels are used for disc grinding purposes, hoods must conform to structural strength and materials as de-
scribed in 9.1.
Entry loss = 0.45 velocity pressure for tapered takeoff.
204
EC27OC91.020</GPH>
Disc dia. inches Exhaust E Volume

exhaust at
4,500 ft/ Note
Min. Max. No Pipes Dia. min. ft3/
min
19 1 5 610
Over 19 .................................. 25 1 6 880 When width ‘‘W’’ permits, exhaust ducts
should be as near heaviest grinding as
possible.
Over 25 .................................. 30 1 7 1,200
Over 30 .................................. 53 2 6 1,770
Over 53 .................................. 72 4 8 6,280
Entry loss = 0.45 velocity pressure for tapered takeoff.
205
EC27OC91.021</GPH>
Exhaust (iii) Spray room. A spray room is a

Belt width W. Inches volume. room in which spray-finishing oper-
ft.1/min
ations not conducted in a spray booth
Up to 3 ................................................................. 220 are performed separately from other
3 to 5 ................................................................... 300
5 to 7 ................................................................... 390 areas.
7 to 9 ................................................................... 500 (iv) Minimum maintained velocity. Min-
9 to 11 ................................................................. 610 imum maintained velocity is the veloc-
11 to 13 ............................................................... 740
ity of air movement which must be
Minimum duct velocity = 4,500 ft/min branch, 3,500 ft/min maintained in order to meet minimum
main.
Entry loss = 0.45 velocity pressure for tapered takeoff; 0.65 specified requirements for health and
velocity pressure for straight takeoff. safety.
(6) Scope. This paragraph (b), pre- (2) Location and application. Spray
scribes the use of exhaust hood enclo- booths or spray rooms are to be used to
sures and systems in removing dust, enclose or confine all operations.
dirt, fumes, and gases generated Spray-finishing operations shall be lo-
through the grinding, polishing, or cated as provided in sections 201
buffing of ferrous and nonferrous met- through 206 of the Standard for Spray
als. Finishing Using Flammable and Com-
(c) Spray finishing operations—(1) Defi- bustible Materials, NFPA No. 33–1969.
nitions applicable to this paragraph—(i) (3) Design and construction of spray
Spray-finishing operations. Spray-fin- booths. (i) Spray booths shall be de-
ishing operations are employment of signed and constructed in accordance
methods wherein organic or inorganic with § 1910.107(b) (1) through (4) and (6)
materials are utilized in dispersed form through (10) (see sections 301–304 and
for deposit on surfaces to be coated, 306–310 of the Standard for Spray Fin-
treated, or cleaned. Such methods of ishing Using Flammable and Combus-
deposit may involve either automatic, tible Materials, NFPA No. 33–1969), for
manual, or electrostatic deposition but general construction specifications.
do not include metal spraying or met- For a more detailed discussion of fun-
allizing, dipping, flow coating, roller damentals relating to this subject, see
coating, tumbling, centrifuging, or ANSI Z9.2–1960
spray washing and degreasing as con- (a) Lights, motors, electrical equip-
ducted in self-contained washing and ment, and other sources of ignition
degreasing machines or systems. shall conform to the requirements of
(ii) Spray booth. Spray booths are de- § 1910.107 (b)(10) and (c). (See section 310
fined and described in § 1910.107(a). (See and chapter 4 of the Standard for Spray
sections 103, 104, and 105 of the Stand- Finishing Using Flammable and Com-
ard for Spray Finishing Using Flam- bustible Materials NFPA No. 33–1969.)
mable and Combustible Materials, (b) In no case shall combustible ma-
NFPA No. 33–1969, which is incor- terial be used in the construction of a
porated by reference as specified in spray booth and supply or exhaust duct
§ 1910.6). connected to it.
206
EC27OC91.022</GPH>
(ii) Unobstructed walkways shall not (a) Tanks shall be provided with
be less than 61⁄2 feet high and shall be weirs, skimmer plates, or screens to
maintained clear of obstruction from prevent sludge and floating paint from
any work location in the booth to a entering the pump suction box. Means
booth exit or open booth front. In for automatically maintaining the
booths where the open front is the only proper water level shall also be pro-
exit, such exits shall be not less than 3 vided. Fresh water inlets shall not be
feet wide. In booths having multiple submerged. They shall terminate at
exits, such exits shall not be less than least one pipe diameter above the safe-
2 feet wide, provided that the max- ty overflow level of the tank.
imum distance from the work location (b) Tanks shall be so constructed as
to the exit is 25 feet or less. Where to discourage accumulation of haz-
booth exits are provided with doors, ardous deposits.
such doors shall open outward from the (vi) Pump manifolds, risers, and
booth. headers shall be adequately sized to in-
(iii) Baffles, distribution plates, and sure sufficient water flow to provide ef-
dry-type overspray collectors shall ficient operation of the water chamber.
conform to the requirements of (4) Design and construction of spray
§ 1910.107(b) (4) and (5). (See sections 304 rooms. (i) Spray rooms, including
and 305 of the Standard for Spray Fin- floors, shall be constructed of masonry,
ishing Using Flammable and Combus- concrete, or other noncombustible ma-
tible Materials, NFPA No. 33–1969.) terial.
(a) Overspray filters shall be in- (ii) Spray rooms shall have non-
stalled and maintained in accordance combustible fire doors and shutters.
with the requirements of § 1910.107(b)(5), (iii) Spray rooms shall be adequately
(see section 305 of the Standard for ventilated so that the atmosphere in
the breathing zone of the operator
Spray Finishing Using Flammable and
shall be maintained in accordance with
Combustible Materials, NFPA No. 33–
the requirements of paragraph (c)(6)(ii)
1969), and shall only be in a location
of this section.
easily accessible for inspection, clean-
(iv) Spray rooms used for production
ing, or replacement.
spray-finishing operations shall con-
(b) Where effective means, inde- form to the requirements for spray
pendent of the overspray filters, are in- booths.
stalled which will result in design air (5) Ventilation. (i) Ventilation shall be
distribution across the booth cross sec- provided in accordance with provisions
tion, it is permissible to operate the of § 1910.107(d) (see chapter 5 of the
booth without the filters in place. Standard for Spray Finishing Using
(iv) (a) For wet or water-wash spray Flammable or Combustible Materials,
booths, the water-chamber enclosure, NFPA No. 33–1969), and in accordance
within which intimate contact of con- with the following:
taminated air and cleaning water or (a) Where a fan plenum is used to
other cleaning medium is maintained, equalize or control the distribution of
if made of steel, shall be 18 gage or exhaust air movement through the
heavier and adequately protected booth, it shall be of sufficient strength
against corrosion. or rigidity to withstand the differential
(b) Chambers may include scrubber air pressure or other superficially im-
spray nozzles, headers, troughs, or posed loads for which the equipment is
other devices. Chambers shall be pro- designed and also to facilitate clean-
vided with adequate means for creating ing. Construction specifications shall
and maintaining scrubbing action for be at least equivalent to those of para-
removal of particulate matter from the graph (c)(5)(iii) of this section.
exhaust air stream. (b) [Reserved]
(v) Collecting tanks shall be of weld- (ii) Inlet or supply ductwork used to
ed steel construction or other suitable transport makeup air to spray booths
non-combustible material. If pits are or surrounding areas shall be con-
used as collecting tanks, they shall be structed of noncombustible materials.
concrete, masonry, or other material (a) If negative pressure exists within
having similar properties. inlet ductwork, all seams and joints
207
shall be sealed if there is a possibility ning length for ducts up to 12 inches in

of infiltration of harmful quantities of diameter, but the distance between
noxious gases, fumes, or mists from cleanout doors may be greater for larg-
areas through which ductwork passes. er pipes. (See 8.3.21 of American Na-
(b) Inlet ductwork shall be sized in tional Standard Z9.1–1951, which is in-
accordance with volume flow require- corporated by reference as specified in
ments and provide design air require- § 1910.6.) A clean-out door or doors shall
ments at the spray booth. be provided for servicing the fan, and
(c) Inlet ductwork shall be ade- where necessary, a drain shall be pro-
quately supported throughout its vided.
length to sustain at least its own (f) Where ductwork passes through a
weight plus any negative pressure combustible roof or wall, the roof or
which is exerted upon it under normal wall shall be protected at the point of
operating conditions. penetration by open space or fire-resis-
(iii)(a) Exhaust ductwork shall be tive material between the duct and the
adequately supported throughout its roof or wall. When ducts pass through
length to sustain its weight plus any
firewalls, they shall be provided with
normal accumulation in interior dur-
automatic fire dampers on both sides of
ing normal operating conditions and
the wall, except that three-eighth-inch
any negative pressure exerted upon it.
steel plates may be used in lieu of
(b) Exhaust ductwork shall be sized
in accordance with good design prac- automatic fire dampers for ducts not
tice which shall include consideration exceeding 18 inches in diameter.
of fan capacity, length of duct, number (g) Ductwork used for ventilating any
of turns and elbows, variation in size, process covered in this standard shall
volume, and character of materials not be connected to ducts ventilating
being exhausted. See American Na- any other process or any chimney or
tional Standard Z9.2–1960 for further flue used for conveying any products of
details and explanation concerning ele- combustion.
ments of design. (6) Velocity and air flow requirements.
(c) Longitudinal joints in sheet steel (i) Except where a spray booth has an
ductwork shall be either lock-seamed, adequate air replacement system, the
riveted, or welded. For other than steel velocity of air into all openings of a
construction, equivalent securing of spray booth shall be not less than that
joints shall be provided. specified in Table G–10 for the oper-
(d) Circumferential joints in duct- ating conditions specified. An adequate
work shall be substantially fastened air replacement system is one which
together and lapped in the direction of introduces replacement air upstream
airflow. At least every fourth joint or above the object being sprayed and
shall be provided with connecting is so designed that the velocity of air
flanges, bolted together, or of equiva- in the booth cross section is not less
lent fastening security. than that specified in Table G–10 when
(e) Inspection or clean-out doors shall measured upstream or above the object
be provided for every 9 to 12 feet of run- being sprayed.
TABLE G–10—MINIMUM MAINTAINED VELOCITIES INTO SPRAY BOOTHS
Airflow velocities, f.p.m.
Crossdraft,
Operating conditions for objects completely inside booth f.p.m. Design Range
Electrostatic and automatic airless operation contained in booth Negligible .... 50 large booth ...................... 50–75
without operator.
100 small booth .................... 75–125
Air-operated guns, manual or automatic ............................................ Up to 50 ...... 100 large booth .................... 75–125
150 small booth .................... 125–175

Air-operated guns, manual or automatic ............................................ Up to 100 .... 150 large booth .................... 125–175
200 small booth .................... 150–250

NOTES:
(1) Attention is invited to the fact that the effectiveness of the spray booth is dependent upon the relationship of the depth of
the booth to its height and width.
208
(2) Crossdrafts can be eliminated through proper design and such design should be sought. Crossdrafts in excess of
100fpm (feet per minute) should not be permitted.
(3) Excessive air pressures result in loss of both efficiency and material waste in addition to creating a backlash that may
carry overspray and fumes into adjacent work areas.
(4) Booths should be designed with velocities shown in the column headed ‘‘Design.’’ However, booths operating with veloci-
ties shown in the column headed ‘‘Range’’ are in compliance with this standard.
(ii) In addition to the requirements TABLE G–11—LOWER EXPLOSIVE LIMIT OF

in paragraph (c)(6)(i) of this section the SOME COMMONLY USED SOLVENTS—Continued
total air volume exhausted through a
Lower ex-
spray booth shall be such as to dilute Cubic feet plosive
per gallon
solvent vapor to at least 25 percent of Solvent of vapor of limit in per-
cent by
the lower explosive limit of the solvent liquid at 70 volume of
°F.
being sprayed. An example of the meth- air at 70 °F
od of calculating this volume is given Butyl Cellosolve ............................. 24.8 1.1
below. Cellosolve ...................................... 33.6 1.8
Cellosolve Acetate ......................... 23.2 1.7
Example: To determine the lower explosive 1 1.1
Cyclohexanone .............................. 31.2
limits of the most common solvents used in 1,1 Dichloroethylene ...................... 42.4 5.9
spray finishing, see Table G–11. Column 1 1,2 Dichloroethylene ...................... 42.4 9.7
gives the number of cubic feet of vapor per Ethyl Acetate ................................. 32.8 2.5
gallon of solvent and column 2 gives the Ethyl Alcohol .................................. 55.2 4.3
lower explosive limit (LEL) in percentage by Ethyl Lactate .................................. 28.0 1 1.5
volume of air. Note that the quantity of sol- Methyl Acetate ............................... 40.0 3.1
vent will be diminished by the quantity of Methyl Alcohol ............................... 80.8 7.3
solids and nonflammables contained in the Methyl Cellosolve .......................... 40.8 2.5
finish. Methyl Ethyl Ketone ...................... 36.0 1.8
To determine the volume of air in cubic Methyl n-Propyl Ketone ................. 30.4 1.5
Naphtha (VM&P) (76° Naphtha) ... 22.4 0.9
feet necessary to dilute the vapor from 1 gal-
Naphtha (100 °Flash) Safety Sol-
lon of solvent to 25 percent of the lower ex- vent—Stoddard Solvent ............. 23.2 1.0
plosive limit, apply the following formula: Propyl Acetate (n) ......................... 27.2 2.8
Dilution volume required per gallon of sol- Propyl Acetate (iso) ....................... 28.0 1.1
vent = 4 (100¥LEL) (cubic feet of vapor per Propyl Alcohol (n) .......................... 44.8 2.1
Propyl Alcohol (iso) ....................... 44.0 2.0
gallon)÷ LEL
Toluene .......................................... 30.4 1.4
Using toluene as the solvent. Turpentine ..................................... 20.8 0.8
Xylene (o) ...................................... 26.4 1.0
(1) LEL of toluene from Table G–11, column
2, is 1.4 percent. 1 At 212 °F.
(2) Cubic feet of vapor per gallon from
Table G–11, column 1, is 30.4 cubic feet per (iii)(a) When an operator is in a booth
gallon. downstream from the object being
(3) Dilution volume required= sprayed, an air-supplied respirator or
4 (100¥1.4) 30.4÷ 1.4 = 8,564 cubic feet.
other type of respirator must be used
by employees that has been approved
(4) To convert to cubic feet per minute of by NIOSH under 42 CFR part 84 for the
required ventilation, multiply the dilution material being sprayed.
volume required per gallon of solvent by the
number of gallons of solvent evaporated per (b) Where downdraft booths are pro-
minute. vided with doors, such doors shall be
closed when spray painting.
TABLE G–11—LOWER EXPLOSIVE LIMIT OF (7) Make-up air. (i) Clean fresh air,
SOME COMMONLY USED SOLVENTS free of contamination from adjacent
industrial exhaust systems, chimneys,
Lower ex-
Cubic feet plosive stacks, or vents, shall be supplied to a
per gallon
Solvent of vapor of limit in per- spray booth or room in quantities
cent by
liquid at 70 volume of equal to the volume of air exhausted
°F. air at 70 °F through the spray booth.
Column 1 Column 2 (ii) Where a spray booth or room re-
Acetone ......................................... 44.0 2.6 ceives make-up air through self-closing
Amyl Acetate (iso) ......................... 21.6 1 1.0 doors, dampers, or louvers, they shall
Amyl Alcohol (n) ............................ 29.6 1.2 be fully open at all times when the
Amyl Alcohol (iso) ......................... 29.6 1.2
Benzene ........................................ 36.8 1 1.4
booth or room is in use for spraying.
The velocity of air through such doors,
Butyl Acetate (n) ............................ 24.8 1.7

Butyl Alcohol (n) ............................ 35.2 1.4 dampers, or louvers shall not exceed
209
200 feet per minute. If the fan charac- (d) Where make-up air is heated by
teristics are such that the required air coal or oil, the products of combustion
flow through the booth will be pro- shall not be allowed to mix with the
vided, higher velocities through the make-up air, and the products of com-
doors, dampers, or louvers may be bustion shall be conducted outside the
used. building through a flue terminating at
(iii)(a) Where the air supply to a a point remote from all points where
spray booth or room is filtered, the fan make-up air enters the building.
static pressure shall be calculated on (e) Where make-up air is heated by
the assumption that the filters are gas, and the products of combustion
dirty to the extent that they require are not mixed with the make-up air but
cleaning or replacement. are conducted through an independent
(b) The rating of filters shall be gov- flue to a point outside the building re-
erned by test data supplied by the man- mote from all points where make-up
ufacturer of the filter. A pressure gage air enters the building, it is not nec-
shall be installed to show the pressure essary to comply with paragraph
drop across the filters. This gage shall (c)(7)(iv)(f) of this section.
be marked to show the pressure drop at (f) Where make-up air to any manu-
which the filters require cleaning or re- ally operated spray booth or room is
placement. Filters shall be replaced or heated by gas and the products of com-
cleaned whenever the pressure drop bustion are allowed to mix with the
across them becomes excessive or supply air, the following precautions
whenever the air flow through the face must be taken:
of the booth falls below that specified
(1) The gas must have a distinctive
in Table G–10.
and strong enough odor to warn work-
(iv)(a) Means for heating make-up air
men in a spray booth or room of its
to any spray booth or room, before or
at the time spraying is normally per- presence if in an unburned state in the
formed, shall be provided in all places make-up air.
where the outdoor temperature may be (2) The maximum rate of gas supply
expected to remain below 55 °F. for ap- to the make-up air heater burners
preciable periods of time during the op- must not exceed that which would
eration of the booth except where ade- yield in excess of 200 p.p.m. (parts per
quate and safe means of radiant heat- million) of carbon monoxide or 2,000
ing for all operating personnel affected p.p.m. of total combustible gases in the
is provided. The replacement air during mixture if the unburned gas upon the
the heating seasons shall be main- occurrence of flame failure were mixed
tained at not less than 65 °F. at the with all of the make-up air supplied.
point of entry into the spray booth or (3) A fan must be provided to deliver
spray room. When otherwise unheated the mixture of heated air and products
make-up air would be at a temperature of combustion from the plenum cham-
of more than 10 °F. below room tember housing the gas burners to the
perature, its temperature shall be regu- spray booth or room.
lated as provided in section 3.6.3 of (8) Scope. Spray booths or spray
ANSI Z9.2–1960. rooms are to be used to enclose or con-
(b) As an alternative to an air re- fine all spray finishing operations cov-
placement system complying with the ered by this paragraph (c). This para-
preceding section, general heating of graph does not apply to the spraying of
the building in which the spray room the exteriors of buildings, fixed tanks,
or booth is located may be employed or similar structures, nor to small
provided that all occupied parts of the portable spraying apparatus not used
building are maintained at not less repeatedly in the same location.
than 65 °F. when the exhaust system is
in operation or the general heating sys-
FR 23073, May 28, 1975; 40 FR 24522, June 9,
tem supplemented by other sources of 1975; 43 FR 49746, Oct. 24, 1978; 49 FR 5322,
heat may be employed to meet this re- Feb. 10, 1984; 55 FR 32015, Aug. 6, 1990; 58 FR
quirement. 35308, June 30, 1993; 61 FR 9236, Mar. 7, 1996;
(c) No means of heating make-up air 63 FR 1269, Jan. 8, 1998; 64 FR 13909, Mar. 23,
shall be located in a spray booth. 1999]
210
§ 1910.95 Occupational noise exposure. TABLE G–16—PERMISSIBLE NOISE EXPOSURES 1

(a) Protection against the effects of Sound
noise exposure shall be provided when level dBA
Duration per day, hours slow re-
the sound levels exceed those shown in sponse
Table G–16 when measured on the A
8 ........................................................................... 90
scale of a standard sound level meter 6 ........................................................................... 92
at slow response. When noise levels are 4 ........................................................................... 95
determined by octave band analysis, 3 ........................................................................... 97
the equivalent A-weighted sound level 2 ........................................................................... 100
11⁄2 ....................................................................... 102
may be determined as follows:
1 ........................................................................... 105
1⁄2 ......................................................................... 110
1⁄4 or less ............................................................. 115
1 When the daily noise exposure is composed of two or
more periods of noise exposure of different levels, their com-
bined effect should be considered, rather than the individual
effect of each. If the sum of the following fractions: C1/T1+C2/
T2Cn/Tn exceeds unity, then, the mixed exposure should be
considered to exceed the limit value. Cn indicates the total
time of exposure at a specified noise level, and Tn indicates
the total time of exposure permitted at that level.
Exposure to impulsive or impact noise should not exceed
140 dB peak sound pressure level.
(c) Hearing conservation program. (1)

The employer shall administer a con-
tinuing, effective hearing conservation
program, as described in paragraphs (c)
through (o) of this section, whenever
employee noise exposures equal or ex-
ceed an 8-hour time-weighted average
sound level (TWA) of 85 decibels meas-
ured on the A scale (slow response) or,
FIGURE G–9 equivalently, a dose of fifty percent.
Equivalent sound level contours. Octave For purposes of the hearing conserva-
band sound pressure levels may be converted tion program, employee noise expo-
to the equivalent A-weighted sound level by sures shall be computed in accordance
plotting them on this graph and noting the with appendix A and Table G–16a, and
A-weighted sound level corresponding to the without regard to any attenuation pro-
point of highest penetration into the sound vided by the use of personal protective
level contours. This equivalent A-weighted
equipment.
sound level, which may differ from the ac-
tual A-weighted sound level of the noise, is (2) For purposes of paragraphs (c)
used to determine exposure limits from through (n) of this section, an 8-hour
Table 1.G–16. time-weighted average of 85 decibels or
a dose of fifty percent shall also be re-
(b)(1) When employees are subjected
ferred to as the action level.
to sound exceeding those listed in
(d) Monitoring. (1) When information
Table G–16, feasible administrative or
indicates that any employee’s exposure
engineering controls shall be utilized.
may equal or exceed an 8-hour time-
If such controls fail to reduce sound
weighted average of 85 decibels, the
levels within the levels of Table G–16,
employer shall develop and implement
personal protective equipment shall be
a monitoring program.
provided and used to reduce sound lev-
(i) The sampling strategy shall be de-
els within the levels of the table.
signed to identify employees for inclu-
(2) If the variations in noise level in-
sion in the hearing conservation pro-
volve maxima at intervals of 1 second
gram and to enable the proper selec-
or less, it is to be considered contin-
tion of hearing protectors.
uous.
(ii) Where circumstances such as high
worker mobility, significant variations
211
EC27OC91.023
in sound level, or a significant compo- maintaining and checking calibration

nent of impulse noise make area moni- and proper functioning of the audiom-
toring generally inappropriate, the em- eters being used. A technician who op-
ployer shall use representative per- erates microprocessor audiometers
sonal sampling to comply with the does not need to be certified. A techni-
monitoring requirements of this para- cian who performs audiometric tests
graph unless the employer can show must be responsible to an audiologist,
that area sampling produces equivalent otolaryngologist or physician.
results. (4) All audiograms obtained pursuant
(2)(i) All continuous, intermittent to this section shall meet the require-
and impulsive sound levels from 80 ments of appendix C: Audiometric Meas-
decibels to 130 decibels shall be inte- uring Instruments.
grated into the noise measurements. (5) Baseline audiogram. (i) Within 6
(ii) Instruments used to measure em- months of an employee’s first exposure
ployee noise exposure shall be cali- at or above the action level, the em-
brated to ensure measurement accu- ployer shall establish a valid baseline
racy. audiogram against which subsequent
(3) Monitoring shall be repeated audiograms can be compared.
whenever a change in production, proc- (ii) Mobile test van exception. Where
ess, equipment or controls increases mobile test vans are used to meet the
noise exposures to the extent that:
audiometric testing obligation, the em-
(i) Additional employees may be ex-
ployer shall obtain a valid baseline
posed at or above the action level; or
audiogram within 1 year of an employ-
(ii) The attenuation provided by
ee’s first exposure at or above the ac-
hearing protectors being used by em-
tion level. Where baseline audiograms
ployees may be rendered inadequate to
are obtained more than 6 months after
meet the requirements of paragraph (j)
the employee’s first exposure at or
of this section.
above the action level, employees shall
(e) Employee notification. The em-
wearing hearing protectors for any pe-
ployer shall notify each employee ex-
riod exceeding six months after first
posed at or above an 8-hour time-
exposure until the baseline audiogram
weighted average of 85 decibels of the
results of the monitoring. is obtained.
(f) Observation of monitoring. The em- (iii) Testing to establish a baseline
ployer shall provide affected employees audiogram shall be preceded by at least
or their representatives with an oppor- 14 hours without exposure to workplace
tunity to observe any noise measure- noise. Hearing protectors may be used
ments conducted pursuant to this sec- as a substitute for the requirement
tion. that baseline audiograms be preceded
(g) Audiometric testing program. (1) by 14 hours without exposure to work-
The employer shall establish and main- place noise.
tain an audiometric testing program as (iv) The employer shall notify em-
provided in this paragraph by making ployees of the need to avoid high levels
audiometric testing available to all of non-occupational noise exposure
employees whose exposures equal or ex- during the 14-hour period immediately
ceed an 8-hour time-weighted average preceding the audiometric examina-
of 85 decibels. tion.
(2) The program shall be provided at (6) Annual audiogram. At least annu-
no cost to employees. ally after obtaining the baseline audio-
(3) Audiometric tests shall be per- gram, the employer shall obtain a new
formed by a licensed or certified audi- audiogram for each employee exposed
ologist, otolaryngologist, or other phy- at or above an 8-hour time-weighted
sician, or by a technician who is cer- average of 85 decibels.
tified by the Council of Accreditation (7) Evaluation of audiogram. (i) Each
in Occupational Hearing Conservation, employee’s annual audiogram shall be
or who has satisfactorily demonstrated compared to that employee’s baseline
competence in administering audiogram to determine if the audio-
audiometric examinations, obtaining gram is valid and if a standard thresh-
valid audiograms, and properly using, old shift as defined in paragraph (g)(10)
212
of this section has occurred. This com- pathology of the ear is caused or aggra-
parison may be done by a technician. vated by the wearing of hearing protec-
(ii) If the annual audiogram shows tors.
that an employee has suffered a stand- (D) The employee is informed of the
ard threshold shift, the employer may need for an otological examination if a
obtain a retest within 30 days and con- medical pathology of the ear that is
sider the results of the retest as the an- unrelated to the use of hearing protec-
nual audiogram. tors is suspected.
(iii) The audiologist, (iii) If subsequent audiometric test-
otolaryngologist, or physician shall re- ing of an employee whose exposure to
view problem audiograms and shall de- noise is less than an 8-hour TWA of 90
termine whether there is a need for fur- decibels indicates that a standard
ther evaluation. The employer shall threshold shift is not persistent, the
provide to the person performing this employer:
evaluation the following information: (A) Shall inform the employee of the
(A) A copy of the requirements for new audiometric interpretation; and
hearing conservation as set forth in (B) May discontinue the required use
paragraphs (c) through (n) of this sec- of hearing protectors for that em-
tion; ployee.
(B) The baseline audiogram and most
(9) Revised baseline. An annual audio-
recent audiogram of the employee to
gram may be substituted for the base-
be evaluated;
line audiogram when, in the judgment
(C) Measurements of background
of the audiologist, otolaryngologist or
sound pressure levels in the
physician who is evaluating the audio-
audiometric test room as required in
gram:
appendix D: Audiometric Test Rooms.
(i) The standard threshold shift re-
(D) Records of audiometer calibra-
vealed by the audiogram is persistent;
tions required by paragraph (h)(5) of
or
this section.
(8) Follow-up procedures. (i) If a com- (ii) The hearing threshold shown in
parison of the annual audiogram to the the annual audiogram indicates signifi-
baseline audiogram indicates a stand- cant improvement over the baseline
ard threshold shift as defined in para- audiogram.
graph (g)(10) of this section has oc- (10) Standard threshold shift. (i) As
curred, the employee shall be informed used in this section, a standard thresh-
of this fact in writing, within 21 days of old shift is a change in hearing thresh-
the determination. old relative to the baseline audiogram
(ii) Unless a physician determines of an average of 10 dB or more at 2000,
that the standard threshold shift is not 3000, and 4000 Hz in either ear.
work related or aggravated by occupa- (ii) In determining whether a stand-
tional noise exposure, the employer ard threshold shift has occurred, allow-
shall ensure that the following steps ance may be made for the contribution
are taken when a standard threshold of aging (presbycusis) to the change in
shift occurs: hearing level by correcting the annual
(A) Employees not using hearing pro- audiogram according to the procedure
tectors shall be fitted with hearing pro- described in appendix F: Calculation
tectors, trained in their use and care, and Application of Age Correction to
and required to use them. Audiograms.
(B) Employees already using hearing (h) Audiometric test requirements. (1)
protectors shall be refitted and re- Audiometric tests shall be pure tone,
trained in the use of hearing protectors air conduction, hearing threshold ex-
and provided with hearing protectors aminations, with test frequencies in-
offering greater attenuation if nec- cluding as a minimum 500, 1000, 2000,
essary. 3000, 4000, and 6000 Hz. Tests at each
(C) The employee shall be referred for frequency shall be taken separately for
a clinical audiological evaluation or an each ear.
otological examination, as appropriate, (2) Audiometric tests shall be con-
if additional testing is necessary or if ducted with audiometers (including
the employer suspects that a medical microprocessor audiometers) that meet
213
the specifications of, and are main- (B) Has experienced a standard
tained and used in accordance with, threshold shift.
American National Standard Specifica- (3) Employees shall be given the op-
tion for Audiometers, S3.6–1969, which portunity to select their hearing pro-
is incorporated by reference as speci- tectors from a variety of suitable hear-
fied in § 1910.6. ing protectors provided by the em-
(3) Pulsed-tone and self-recording ployer.
audiometers, if used, shall meet the re- (4) The employer shall provide train-
quirements specified in appendix C: ing in the use and care of all hearing
Audiometric Measuring Instruments. protectors provided to employees.
(4) Audiometric examinations shall (5) The employer shall ensure proper
be administered in a room meeting the initial fitting and supervise the correct
requirements listed in appendix D: use of all hearing protectors.
Audiometric Test Rooms. (j) Hearing protector attenuation. (1)
(5) Audiometer calibration. (i) The The employer shall evaluate hearing
functional operation of the audiometer protector attenuation for the specific
shall be checked before each day’s use noise environments in which the pro-
by testing a person with known, stable tector will be used. The employer shall
hearing thresholds, and by listening to use one of the evaluation methods de-
the audiometer’s output to make sure scribed in appendix B: Methods for Esti-
that the output is free from distorted mating the Adequacy of Hearing Protec-
or unwanted sounds. Deviations of 10 tion Attenuation.
decibels or greater require an acoustic (2) Hearing protectors must attenu-
calibration. ate employee exposure at least to an 8-
(ii) Audiometer calibration shall be hour time-weighted average of 90 deci-
checked acoustically at least annually bels as required by paragraph (b) of
in accordance with appendix E: Acoustic this section.
Calibration of Audiometers. Test fre- (3) For employees who have experi-
quencies below 500 Hz and above 6000 Hz enced a standard threshold shift, hear-
may be omitted from this check. Devi- ing protectors must attenuate em-
ations of 15 decibels or greater require ployee exposure to an 8-hour time-
an exhaustive calibration. weighted average of 85 decibels or
(iii) An exhaustive calibration shall below.
be performed at least every two years (4) The adequacy of hearing protector
in accordance with sections 4.1.2; 4.1.3.; attenuation shall be re-evaluated
4.1.4.3; 4.2; 4.4.1; 4.4.2; 4.4.3; and 4.5 of whenever employee noise exposures in-
the American National Standard Speci- crease to the extent that the hearing
fication for Audiometers, S3.6–1969. protectors provided may no longer pro-
Test frequencies below 500 Hz and vide adequate attenuation. The em-
above 6000 Hz may be omitted from this ployer shall provide more effective
calibration. hearing protectors where necessary.
(i) Hearing protectors. (1) Employers (k) Training program. (1) The em-
shall make hearing protectors avail- ployer shall institute a training pro-
able to all employees exposed to an 8- gram for all employees who are ex-
hour time-weighted average of 85 deci- posed to noise at or above an 8-hour
bels or greater at no cost to the em- time-weighted average of 85 decibels,
ployees. Hearing protectors shall be re- and shall ensure employee participa-
placed as necessary. tion in such program.
(2) Employers shall ensure that hear- (2) The training program shall be re-
ing protectors are worn: peated annually for each employee in-
(i) By an employee who is required by cluded in the hearing conservation pro-
paragraph (b)(1) of this section to wear gram. Information provided in the
personal protective equipment; and training program shall be updated to
(ii) By any employee who is exposed be consistent with changes in protec-
to an 8-hour time-weighted average of tive equipment and work processes.
85 decibels or greater, and who: (3) The employer shall ensure that
(A) Has not yet had a baseline audio- each employee is informed of the fol-
gram established pursuant to para- lowing:
graph (g)(5)(ii); or (i) The effects of noise on hearing;
214
(ii) The purpose of hearing protec- ployees, representatives designated by

tors, the advantages, disadvantages, the individual employee, and the As-
and attenuation of various types, and sistant Secretary. The provisions of 29
instructions on selection, fitting, use, CFR 1910.1020 (a)–(e) and (g)–(i) apply to
and care; and access to records under this section.
(iii) The purpose of audiometric test- (5) Transfer of records. If the employer
ing, and an explanation of the test pro- ceases to do business, the employer
cedures. shall transfer to the successor em-
(l) Access to information and training ployer all records required to be main-
materials. (1) The employer shall make tained by this section, and the suc-
available to affected employees or cessor employer shall retain them for
their representatives copies of this the remainder of the period prescribed
standard and shall also post a copy in in paragraph (m)(3) of this section.
the workplace. (n) Appendices. (1) Appendices A, B, C,
(2) The employer shall provide to af- D, and E to this section are incor-
fected employees any informational porated as part of this section and the
materials pertaining to the standard contents of these appendices are man-
that are supplied to the employer by datory.
the Assistant Secretary. (2) Appendices F and G to this sec-
(3) The employer shall provide, upon tion are informational and are not in-
request, all materials related to the tended to create any additional obliga-
employer’s training and education pro- tions not otherwise imposed or to de-
gram pertaining to this standard to the tract from any existing obligations.
Assistant Secretary and the Director. (o) Exemptions. Paragraphs (c)
(m) Recordkeeping—(1) Exposure meas- through (n) of this section shall not
urements. The employer shall maintain apply to employers engaged in oil and
an accurate record of all employee ex- gas well drilling and servicing oper-
posure measurements required by para- ations.
graph (d) of this section.
(2) Audiometric tests. (i) The employer APPENDIX A TO § 1910.95—NOISE EXPOSURE
COMPUTATION
shall retain all employee audiometric
test records obtained pursuant to para- This Appendix is Mandatory
graph (g) of this section:
(ii) This record shall include: I. COMPUTATION OF EMPLOYEE NOISE
(A) Name and job classification of EXPOSURE
the employee; (1) Noise dose is computed using Table G–
(B) Date of the audiogram; 16a as follows:
(C) The examiner’s name; (i) When the sound level, L, is constant
(D) Date of the last acoustic or ex- over the entire work shift, the noise dose, D,
in percent, is given by: D=100 C/T where C is
haustive calibration of the audiometer;
the total length of the work day, in hours,
and and T is the reference duration cor-
(E) Employee’s most recent noise ex- responding to the measured sound level, L,
posure assessment. as given in Table G–16a or by the formula
(F) The employer shall maintain ac- shown as a footnote to that table.
curate records of the measurements of (ii) When the workshift noise exposure is
the background sound pressure levels composed of two or more periods of noise at
in audiometric test rooms. different levels, the total noise dose over the
work day is given by:
(3) Record retention. The employer
shall retain records required in this D=100(C1/T1+C2/T2+Cn/Tn),
paragraph (m) for at least the following where Cn indicates the total time of exposure
periods. at a specific noise level, and Tn indicates the
(i) Noise exposure measurement reference duration for that level as given by
Table G–16a.
records shall be retained for two years.
(ii) Audiometric test records shall be (2) The eight-hour time-weighted average
sound level (TWA), in decibels, may be com-
retained for the duration of the af-
puted from the dose, in percent, by means of
fected employee’s employment. the formula: TWA=16.61 log10 (D/100)+90. For
(4) Access to records. All records re- an eight-hour workshift with the noise level
quired by this section shall be provided constant over the entire shift, the TWA is
upon request to employees, former em- equal to the measured sound level.
215
(3) A table relating dose and TWA is given II. CONVERSION BETWEEN ‘‘DOSE’’ AND ‘‘8-
in Section II. HOUR TIME-WEIGHTED AVERAGE’’ SOUND
LEVEL
TABLE G–16A Compliance with paragraphs (c)–(r) of this
Ref-
regulation is determined by the amount of
erence exposure to noise in the workplace. The
A-weighted sound level, L (decibel) duration, amount of such exposure is usually measured
T (hour) with an audiodosimeter which gives a read-
80 ........................................................................... 32
out in terms of ‘‘dose.’’ In order to better un-
81 ........................................................................... 27.9 derstand the requirements of the amend-
82 ........................................................................... 24.3 ment, dosimeter readings can be converted
83 ........................................................................... 21.1 to an ‘‘8-hour time-weighted average sound
84 ........................................................................... 18.4 level.’’ (TWA).
85 ........................................................................... 16 In order to convert the reading of a dosim-
86 ........................................................................... 13.9 eter into TWA, see Table A–1, below. This
87 ........................................................................... 12.1 table applies to dosimeters that are set by
88 ........................................................................... 10.6 the manufacturer to calculate dose or per-
89 ........................................................................... 9.2 cent exposure according to the relationships
90 ........................................................................... 8 in Table G–16a. So, for example, a dose of 91
91 ........................................................................... 7.0 percent over an eight hour day results in a
92 ........................................................................... 6.1 TWA of 89.3 dB, and, a dose of 50 percent cor-
93 ........................................................................... 5.3 responds to a TWA of 85 dB.
94 ........................................................................... 4.6
If the dose as read on the dosimeter is less
95 ........................................................................... 4
than or greater than the values found in
96 ........................................................................... 3.5
97 ........................................................................... 3.0
Table A–1, the TWA may be calculated by
98 ........................................................................... 2.6 using the formula: TWA=16.61 log10 (D/100)+90
99 ........................................................................... 2.3 where TWA=8-hour time-weighted average
100 ......................................................................... 2 sound level and D=accumulated dose in per-
101 ......................................................................... 1.7 cent exposure.
102 ......................................................................... 1.5
103 ......................................................................... 1.3 TABLE A–1—CONVERSION FROM ‘‘PERCENT
104 ......................................................................... 1.1 NOISE EXPOSURE’’ OR ‘‘DOSE’’ TO ‘‘8-HOUR
105 ......................................................................... 1 TIME-WEIGHTED AVERAGE SOUND LEVEL’’
106 ......................................................................... 0.87
107 ......................................................................... 0.76
(TWA)
108 ......................................................................... 0.66 Dose or percent noise exposure TWA
109 ......................................................................... 0.57
110 ......................................................................... 0.5 10 ........................................................................... 73.4
111 ......................................................................... 0.44 15 ........................................................................... 76.3
112 ......................................................................... 0.38 20 ........................................................................... 78.4
113 ......................................................................... 0.33 25 ........................................................................... 80.0
114 ......................................................................... 0.29 30 ........................................................................... 81.3
115 ......................................................................... 0.25 35 ........................................................................... 82.4
40 ........................................................................... 83.4
116 ......................................................................... 0.22
45 ........................................................................... 84.2
117 ......................................................................... 0.19 50 ........................................................................... 85.0
118 ......................................................................... 0.16 55 ........................................................................... 85.7
119 ......................................................................... 0.14 60 ........................................................................... 86.3
120 ......................................................................... 0.125 65 ........................................................................... 86.9
121 ......................................................................... 0.11 70 ........................................................................... 87.4
122 ......................................................................... 0.095 75 ........................................................................... 87.9
123 ......................................................................... 0.082 80 ........................................................................... 88.4
124 ......................................................................... 0.072 81 ........................................................................... 88.5
125 ......................................................................... 0.063 82 ........................................................................... 88.6
83 ........................................................................... 88.7
126 ......................................................................... 0.054
84 ........................................................................... 88.7
127 ......................................................................... 0.047 85 ........................................................................... 88.8
128 ......................................................................... 0.041 86 ........................................................................... 88.9
129 ......................................................................... 0.036 87 ........................................................................... 89.0
130 ......................................................................... 0.031 88 ........................................................................... 89.1
89 ........................................................................... 89.2
In the above table the reference duration, 90 ........................................................................... 89.2
91 ........................................................................... 89.3
T, is computed by 92 ........................................................................... 89.4
93 ........................................................................... 89.5
8 94 ........................................................................... 89.6
T= 95 ........................................................................... 89.6
2( L −90 ) / 5 96
97
...........................................................................
...........................................................................
89.7
89.8
where L is the measured A-weighted sound
98 ........................................................................... 89.9
level. 99 ........................................................................... 89.9
216
ER25SE06.008</MATH>
TABLE A–1—CONVERSION FROM ‘‘PERCENT TABLE A–1—CONVERSION FROM ‘‘PERCENT

NOISE EXPOSURE’’ OR ‘‘DOSE’’ TO ‘‘8-HOUR NOISE EXPOSURE’’ OR ‘‘DOSE’’ TO ‘‘8-HOUR
TIME-WEIGHTED AVERAGE SOUND LEVEL’’ TIME-WEIGHTED AVERAGE SOUND LEVEL’’
(TWA)—Continued (TWA)—Continued
Dose or percent noise exposure TWA Dose or percent noise exposure TWA
100 ......................................................................... 90.0 520 ......................................................................... 101.9

101 ......................................................................... 90.1 530 ......................................................................... 102.0
102 ......................................................................... 90.1 540 ......................................................................... 102.2
103 ......................................................................... 90.2 550 ......................................................................... 102.3
104 ......................................................................... 90.3 560 ......................................................................... 102.4
105 ......................................................................... 90.4 570 ......................................................................... 102.6
106 ......................................................................... 90.4 580 ......................................................................... 102.7
107 ......................................................................... 90.5 590 ......................................................................... 102.8
108 ......................................................................... 90.6 600 ......................................................................... 102.9
109 ......................................................................... 90.6 610 ......................................................................... 103.0
110 ......................................................................... 90.7 620 ......................................................................... 103.2
111 ......................................................................... 90.8 630 ......................................................................... 103.3
112 ......................................................................... 90.8 640 ......................................................................... 103.4
113 ......................................................................... 90.9 650 ......................................................................... 103.5
114 ......................................................................... 90.9 660 ......................................................................... 103.6
115 ......................................................................... 91.1 670 ......................................................................... 103.7
116 ......................................................................... 91.1 680 ......................................................................... 103.8
117 ......................................................................... 91.1 690 ......................................................................... 103.9
118 ......................................................................... 91.2 700 ......................................................................... 104.0
119 ......................................................................... 91.3 710 ......................................................................... 104.1
120 ......................................................................... 91.3 720 ......................................................................... 104.2
125 ......................................................................... 91.6 730 ......................................................................... 104.3
130 ......................................................................... 91.9 740 ......................................................................... 104.4
135 ......................................................................... 92.2 750 ......................................................................... 104.5
140 ......................................................................... 92.4 760 ......................................................................... 104.6
145 ......................................................................... 92.7 770 ......................................................................... 104.7
150 ......................................................................... 92.9 780 ......................................................................... 104.8
155 ......................................................................... 93.2 790 ......................................................................... 104.9
160 ......................................................................... 93.4 800 ......................................................................... 105.0
165 ......................................................................... 93.6 810 ......................................................................... 105.1
170 ......................................................................... 93.8 820 ......................................................................... 105.2
175 ......................................................................... 94.0 830 ......................................................................... 105.3
180 ......................................................................... 94.2 840 ......................................................................... 105.4
185 ......................................................................... 94.4 850 ......................................................................... 105.4
190 ......................................................................... 94.6 860 ......................................................................... 105.5
195 ......................................................................... 94.8 870 ......................................................................... 105.6
200 ......................................................................... 95.0 880 ......................................................................... 105.7
210 ......................................................................... 95.4 890 ......................................................................... 105.8
220 ......................................................................... 95.7 900 ......................................................................... 105.8
230 ......................................................................... 96.0 910 ......................................................................... 105.9
240 ......................................................................... 96.3 920 ......................................................................... 106.0
250 ......................................................................... 96.6 930 ......................................................................... 106.1
260 ......................................................................... 96.9 940 ......................................................................... 106.2
270 ......................................................................... 97.2 950 ......................................................................... 106.2
280 ......................................................................... 97.4 960 ......................................................................... 106.3
290 ......................................................................... 97.7 970 ......................................................................... 106.4
300 ......................................................................... 97.9 980 ......................................................................... 106.5
310 ......................................................................... 98.2 990 ......................................................................... 106.5
320 ......................................................................... 98.4 999 ......................................................................... 106.6
330 ......................................................................... 98.6
340 ......................................................................... 98.8
350 ......................................................................... 99.0 APPENDIX B TO § 1910.95—METHODS FOR ESTI-
360 ......................................................................... 99.2 MATING THE ADEQUACY OF HEARING PRO-
370 ......................................................................... 99.4 TECTOR ATTENUATION
380 ......................................................................... 99.6
390 ......................................................................... 99.8 This Appendix is Mandatory
400 ......................................................................... 100.0
410 ......................................................................... 100.2 For employees who have experienced a sig-
420 ......................................................................... 100.4 nificant threshold shift, hearing protector
430 ......................................................................... 100.5 attenuation must be sufficient to reduce em-
440 ......................................................................... 100.7 ployee exposure to a TWA of 85 dB. Employ-
450 ......................................................................... 100.8 ers must select one of the following methods
460 ......................................................................... 101.0 by which to estimate the adequacy of hear-
470 ......................................................................... 101.2
480 ......................................................................... 101.3
ing protector attenuation.
490 ......................................................................... 101.5 The most convenient method is the Noise
Reduction Rating (NRR) developed by the
500 ......................................................................... 101.6

510 ......................................................................... 101.8 Environmental Protection Agency (EPA).
217
According to EPA regulation, the NRR must TWA to obtain the estimated A-weighted
be shown on the hearing protector package. TWA under the ear protector.
The NRR is then related to an individual (iv) When using a sound level meter set on
worker’s noise environment in order to as- the C-weighting network:
sess the adequacy of the attenuation of a (A) Obtain a representative sample of the
given hearing protector. This appendix de- C-weighted sound levels in the employee’s
scribes four methods of using the NRR to de- environment.
termine whether a particular hearing pro- (B) Subtract the NRR from the C-weighted
tector provides adequate protection within a average sound level to obtain the estimated
given exposure environment. Selection A-weighted TWA under the ear protector.
among the four procedures is dependent upon (v) When using area monitoring procedures
the employer’s noise measuring instruments. and a sound level meter set to the A-weigh-
Instead of using the NRR, employers may ing network.
evaluate the adequacy of hearing protector (A) Obtain a representative sound level for
attenuation by using one of the three meth- the area in question.
ods developed by the National Institute for (B) Subtract 7 dB from the NRR and sub-
Occupational Safety and Health (NIOSH), tract the remainder from the A-weighted
which are described in the ‘‘List of Personal sound level for that area.
Hearing Protectors and Attenuation Data,’’ (vi) When using area monitoring proce-
HEW Publication No. 76–120, 1975, pages 21–37. dures and a sound level meter set to the C-
These methods are known as NIOSH methods weighting network:
#1B1, #1B2 and #1B3. The NRR described (A) Obtain a representative sound level for
below is a simplification of NIOSH method the area in question.
#1B2. The most complex method is NIOSH (B) Subtract the NRR from the C-weighted
method #1B1, which is probably the most ac- sound level for that area.
curate method since it uses the largest APPENDIX C TO § 1910.95—AUDIOMETRIC
amount of spectral information from the in- MEASURING INSTRUMENTS
dividual employee’s noise environment. As
in the case of the NRR method described This Appendix is Mandatory
below, if one of the NIOSH methods is used,
1. In the event that pulsed-tone audiom-
the selected method must be applied to an
eters are used, they shall have a tone on-
individual’s noise environment to assess the
time of at least 200 milliseconds.
adequacy of the attenuation. Employers
2. Self-recording audiometers shall comply
should be careful to take a sufficient number
with the following requirements:
of measurements in order to achieve a rep-
(A) The chart upon which the audiogram is
resentative sample for each time segment.
traced shall have lines at positions cor-
NOTE: The employer must remember that responding to all multiples of 10 dB hearing
calculated attenuation values reflect real- level within the intensity range spanned by
istic values only to the extent that the pro- the audiometer. The lines shall be equally
tectors are properly fitted and worn. spaced and shall be separated by at least 1⁄4
When using the NRR to assess hearing pro- inch. Additional increments are optional.
tector adequacy, one of the following meth- The audiogram pen tracings shall not exceed
ods must be used: 2 dB in width.
(i) When using a dosimeter that is capable (B) It shall be possible to set the stylus
of C-weighted measurements: manually at the 10-dB increment lines for
(A) Obtain the employee’s C-weighted dose calibration purposes.
for the entire workshift, and convert to TWA (C) The slewing rate for the audiometer at-
(see appendix A, II). tenuator shall not be more than 6 dB/sec ex-
(B) Subtract the NRR from the C-weighted cept that an initial slewing rate greater than
TWA to obtain the estimated A-weighted 6 dB/sec is permitted at the beginning of
TWA under the ear protector. each new test frequency, but only until the
(ii) When using a dosimeter that is not ca- second subject response.
pable of C-weighted measurements, the fol- (D) The audiometer shall remain at each
lowing method may be used: required test frequency for 30 seconds (± 3
(A) Convert the A-weighted dose to TWA seconds). The audiogram shall be clearly
(see appendix A). marked at each change of frequency and the
(B) Subtract 7 dB from the NRR. actual frequency change of the audiometer
(C) Subtract the remainder from the A- shall not deviate from the frequency bound-
weighted TWA to obtain the estimated A- aries marked on the audiogram by more than
weighted TWA under the ear protector. ± 3 seconds.
(iii) When using a sound level meter set to (E) It must be possible at each test fre-
the A-weighting network: quency to place a horizontal line segment
(A) Obtain the employee’s A-weighted parallel to the time axis on the audiogram,
TWA. such that the audiometric tracing crosses
(B) Subtract 7 dB from the NRR, and sub- the line segment at least six times at that
tract the remainder from the A-weighted test frequency. At each test frequency the
218
threshold shall be the average of the C. For each 10-dB decrement on the audi-
midpoints of the tracing excursions. ometer the sound level meter should indicate
a corresponding 10 dB decrease.
APPENDIX D TO § 1910.95—AUDIOMETRIC TEST D. This measurement may be made elec-
ROOMS trically with a voltmeter connected to the
earphone terminals.
This Appendix is Mandatory (3) Tolerances
Rooms used for audiometric testing shall When any of the measured sound levels de-
not have background sound pressure levels viate from the levels in Table E–1 or Table
exceeding those in Table D–1 when measured E–2 by ± 3 dB at any test frequency between
by equipment conforming at least to the 500 and 3000 Hz, 4 dB at 4000 Hz, or 5 dB at
Type 2 requirements of American National 6000 Hz, an exhaustive calibration is advised.
Standard Specification for Sound Level Me- An exhaustive calibration is required if the
ters, S1.4–1971 (R1976), and to the Class II re- deviations are greater than 15 dB or greater
quirements of American National Standard at any test frequency.
Specification for Octave, Half-Octave, and
Third-Octave Band Filter Sets, S1.11–1971 TABLE E–1—REFERENCE THRESHOLD LEVELS
(R1976). FOR TELEPHONICS—TDH–39 EARPHONES
Reference
TABLE D–1—MAXIMUM ALLOWABLE OCTAVE- threshold Sound
BAND SOUND PRESSURE LEVELS FOR Frequency, Hz level for level meter
TDH–39 reading,
AUDIOMETRIC TEST ROOMS earphones, dB
dB
Octave-band center fre-
quency (Hz) ................ 500 1000 2000 4000 8000 500 ................................................. 11.5 81.5
Sound pressure level 1000 ............................................... 7 77
(dB) ............................. 40 40 47 57 62 2000 ............................................... 9 79
3000 ............................................... 10 80
4000 ............................................... 9.5 79.5
APPENDIX E TO § 1910.95—ACOUSTIC 6000 ............................................... 15.5 85.5
CALIBRATION OF AUDIOMETERS
This Appendix is Mandatory TABLE E–2—REFERENCE THRESHOLD LEVELS

Audiometer calibration shall be checked FOR TELEPHONICS—TDH–49 EARPHONES
acoustically, at least annually, according to
Ref-
the procedures described in this appendix. erence Sound
The equipment necessary to perform these threshold level
measurements is a sound level meter, oc- level for
Frequency, Hz meter
TDH–49
tave-band filter set, and a National Bureau reading,
ear- dB
of Standards 9A coupler. In making these phones,
measurements, the accuracy of the cali- dB
brating equipment shall be sufficient to de- 500 ..................................................... 13.5 83.5
termine that the audiometer is within the 1000 ................................................... 7.5 77.5
tolerances permitted by American Standard 2000 ................................................... 11 81.0
Specification for Audiometers, S3.6–1969. 3000 ................................................... 9.5 79.5
(1) Sound Pressure Output Check 4000 ................................................... 10.5 80.5
6000 ................................................... 13.5 83.5
A. Place the earphone coupler over the
microphone of the sound level meter and
place the earphone on the coupler. APPENDIX F TO § 1910.95—CALCULATIONS AND
B. Set the audiometer’s hearing threshold APPLICATION OF AGE CORRECTIONS TO
level (HTL) dial to 70 dB. AUDIOGRAMS
C. Measure the sound pressure level of the
This Appendix Is Non-Mandatory
tones at each test frequency from 500 Hz
through 6000 Hz for each earphone. In determining whether a standard thresh-
D. At each frequency the readout on the old shift has occurred, allowance may be
sound level meter should correspond to the made for the contribution of aging to the
levels in Table E–1 or Table E–2, as appro- change in hearing level by adjusting the
priate, for the type of earphone, in the col- most recent audiogram. If the employer
umn entitled ‘‘sound level meter reading.’’ chooses to adjust the audiogram, the em-
(2) Linearity Check ployer shall follow the procedure described
A. With the earphone in place, set the fre- below. This procedure and the age correction
quency to 1000 Hz and the HTL dial on the tables were developed by the National Insti-
audiometer to 70 dB. tute for Occupational Safety and Health in
B. Measure the sound levels in the coupler the criteria document entitled ‘‘Criteria for
at each 10-dB decrement from 70 dB to 10 dB, a Recommended Standard . . . Occupational
noting the sound level meter reading at each Exposure to Noise,’’ ((HSM)–11001).
setting. For each audiometric test frequency;
219
(i) Determine from Tables F–1 or F–2 the (as opposed to a threshold shift of 20 dB
age correction values for the employee by: without age correction).
(A) Finding the age at which the most re-
cent audiogram was taken and recording the TABLE F–1—AGE CORRECTION VALUES IN
corresponding values of age corrections at DECIBELS FOR MALES
1000 Hz through 6000 Hz;
(B) Finding the age at which the baseline Audiometric Test Frequencies (Hz)
audiogram was taken and recording the cor- Years
1000 2000 3000 4000 6000
responding values of age corrections at 1000
Hz through 6000 Hz. 20 or younger ....... 5 3 4 5 8
(ii) Subtract the values found in step (i)(B) 21 ......................... 5 3 4 5 8
from the value found in step (i)(A). 22 ......................... 5 3 4 5 8
(iii) The differences calculated in step (ii) 23 ......................... 5 3 4 6 9
24 ......................... 5 3 5 6 9
represented that portion of the change in 25 ......................... 5 3 5 7 10
hearing that may be due to aging. 26 ......................... 5 4 5 7 10
Example: Employee is a 32-year-old male. 27 ......................... 5 4 6 7 11
The audiometric history for his right ear is 28 ......................... 6 4 6 8 11
shown in decibels below. 29 ......................... 6 4 6 8 12
30 ......................... 6 4 6 9 12
Audiometric test frequency (Hz) 31 ......................... 6 4 7 9 13
Employee’s age 32 ......................... 6 5 7 10 14
1000 2000 3000 4000 6000 33 ......................... 6 5 7 10 14
34 ......................... 6 5 8 11 15
26 ......................... 10 5 5 10 5 35 ......................... 7 5 8 11 15
*27 ........................ 0 0 0 5 5 36 ......................... 7 5 9 12 16
28 ......................... 0 0 0 10 5 37 ......................... 7 6 9 12 17
29 ......................... 5 0 5 15 5 38 ......................... 7 6 9 13 17
30 ......................... 0 5 10 20 10 39 ......................... 7 6 10 14 18
31 ......................... 5 10 20 15 15 40 ......................... 7 6 10 14 19
*32 ........................ 5 10 10 25 20 41 ......................... 7 6 10 14 20
42 ......................... 8 7 11 16 20
The audiogram at age 27 is considered the 43 ......................... 8 7 12 16 21
baseline since it shows the best hearing 44 ......................... 8 7 12 17 22
threshold levels. Asterisks have been used to 45 ......................... 8 7 13 18 23
46 ......................... 8 8 13 19 24
identify the baseline and most recent audio- 47 ......................... 8 8 14 19 24
gram. A threshold shift of 20 dB exists at 4000 48 ......................... 9 8 14 20 25
Hz between the audiograms taken at ages 27 49 ......................... 9 9 15 21 26
and 32. 50 ......................... 9 9 16 22 27
(The threshold shift is computed by sub- 51 ......................... 9 9 16 23 28
tracting the hearing threshold at age 27, 52 ......................... 9 10 17 24 29
which was 5, from the hearing threshold at 53 ......................... 9 10 18 25 30
54 ......................... 10 10 18 26 31
age 32, which is 25). A retest audiogram has 55 ......................... 10 11 19 27 32
confirmed this shift. The contribution of 56 ......................... 10 11 20 28 34
aging to this change in hearing may be esti- 57 ......................... 10 11 21 29 35
mated in the following manner: 58 ......................... 10 12 22 31 36
Go to Table F–1 and find the age correction 59 ......................... 11 12 22 32 37
values (in dB) for 4000 Hz at age 27 and age 32. 60 or older ............ 11 13 23 33 38
Frequency (Hz)
TABLE F–2—AGE CORRECTION VALUES IN
1000 2000 3000 4000 6000 DECIBELS FOR FEMALES
Age 32 .................. 6 5 7 10 14 Audiometric Test Frequencies (Hz)
Age 27 .................. 5 4 6 7 11 Years
1000 2000 3000 4000 6000
Difference ...... 1 1 1 3 3
20 or younger ....... 7 4 3 3 6
The difference represents the amount of 21 ......................... 7 4 4 3 6
hearing loss that may be attributed to aging 22 ......................... 7 4 4 4 6
23 ......................... 7 5 4 4 7
in the time period between the baseline 24 ......................... 7 5 4 4 7
audiogram and the most recent audiogram. 25 ......................... 8 5 4 4 7
In this example, the difference at 4000 Hz is 26 ......................... 8 5 5 4 8
3 dB. This value is subtracted from the hear- 27 ......................... 8 5 5 5 8
ing level at 4000 Hz, which in the most recent 28 ......................... 8 5 5 5 8
audiogram is 25, yielding 22 after adjust- 29 ......................... 8 5 5 5 9
ment. Then the hearing threshold in the 30 ......................... 8 6 5 5 9
31 ......................... 8 6 6 5 9
baseline audiogram at 4000 Hz (5) is sub- 32 ......................... 9 6 6 6 10
tracted from the adjusted annual audiogram 33 ......................... 9 6 6 6 10
hearing threshold at 4000 Hz (22). Thus the
34 ......................... 9 6 6 6 10
age-corrected threshold shift would be 17 dB 35 ......................... 9 6 7 7 11
220
TABLE F–2—AGE CORRECTION VALUES IN Basically, there are two different instru-
DECIBELS FOR FEMALES—Continued ments to measure noise exposures: the sound
level meter and the dosimeter. A sound level
Audiometric Test Frequencies (Hz) meter is a device that measures the inten-
Years sity of sound at a given moment. Since
1000 2000 3000 4000 6000
sound level meters provide a measure of
36 ......................... 9 7 7 7 11 sound intensity at only one point in time, it
37 ......................... 9 7 7 7 12 is generally necessary to take a number of
38 ......................... 10 7 7 7 12 measurements at different times during the
39 ......................... 10 7 8 8 12 day to estimate noise exposure over a work-
40 ......................... 10 7 8 8 13 day. If noise levels fluctuate, the amount of
41 ......................... 10 8 8 8 13
42 ......................... 10 8 9 9 13
time noise remains at each of the various
43 ......................... 11 8 9 9 14 measured levels must be determined.
44 ......................... 11 8 9 9 14 To estimate employee noise exposures with
45 ......................... 11 8 10 10 15 a sound level meter it is also generally nec-
46 ......................... 11 9 10 10 15 essary to take several measurements at dif-
47 ......................... 11 9 10 11 16 ferent locations within the workplace. After
48 ......................... 12 9 11 11 16
49 ......................... 12 9 11 11 16
appropriate sound level meter readings are
50 ......................... 12 10 11 12 17 obtained, people sometimes draw ‘‘maps’’ of
51 ......................... 12 10 12 12 17 the sound levels within different areas of the
52 ......................... 12 10 12 13 18 workplace. By using a sound level ‘‘map’’
53 ......................... 13 10 13 13 18 and information on employee locations
54 ......................... 13 11 13 14 19 throughout the day, estimates of individual
55 ......................... 13 11 14 14 19
exposure levels can be developed. This meas-
56 ......................... 13 11 14 15 20
57 ......................... 13 11 15 15 20 urement method is generally referred to as
58 ......................... 14 12 15 16 21 area noise monitoring.
59 ......................... 14 12 16 16 21 A dosimeter is like a sound level meter ex-
60 or older ............ 14 12 16 17 22 cept that it stores sound level measurements
and integrates these measurements over
APPENDIX G TO § 1910.95—MONITORING NOISE time, providing an average noise exposure
LEVELS NON-MANDATORY INFORMATIONAL reading for a given period of time, such as an
APPENDIX 8-hour workday. With a dosimeter, a micro-
phone is attached to the employee’s clothing
This appendix provides information to help and the exposure measurement is simply
employers comply with the noise monitoring read at the end of the desired time period. A
obligations that are part of the hearing con- reader may be used to read-out the
servation amendment. dosimeter’s measurements. Since the dosim-
WHAT IS THE PURPOSE OF NOISE MONITORING? eter is worn by the employee, it measures
This revised amendment requires that em- noise levels in those locations in which the
ployees be placed in a hearing conservation employee travels. A sound level meter can
program if they are exposed to average noise also be positioned within the immediate vi-
levels of 85 dB or greater during an 8 hour cinity of the exposed worker to obtain an in-
workday. In order to determine if exposures dividual exposure estimate. Such procedures
are at or above this level, it may be nec- are generally referred to as personal noise
essary to measure or monitor the actual monitoring.
noise levels in the workplace and to estimate Area monitoring can be used to estimate
the noise exposure or ‘‘dose’’ received by em- noise exposure when the noise levels are rel-
ployees during the workday. atively constant and employees are not mo-
WHEN IS IT NECESSARY TO IMPLEMENT A bile. In workplaces where employees move
NOISE MONITORING PROGRAM? about in different areas or where the noise
It is not necessary for every employer to intensity tends to fluctuate over time, noise
measure workplace noise. Noise monitoring exposure is generally more accurately esti-
or measuring must be conducted only when mated by the personal monitoring approach.
exposures are at or above 85 dB. Factors In situations where personal monitoring is
which suggest that noise exposures in the appropriate, proper positioning of the micro-
workplace may be at this level include em- phone is necessary to obtain accurate meas-
ployee complaints about the loudness of urements. With a dosimeter, the microphone
noise, indications that employees are losing is generally located on the shoulder and re-
their hearing, or noisy conditions which mains in that position for the entire work-
make normal conversation difficult. The em- day. With a sound level meter, the micro-
ployer should also consider any information phone is stationed near the employee’s head,
available regarding noise emitted from spe- and the instrument is usually held by an in-
cific machines. In addition, actual workplace dividual who follows the employee as he or
noise measurements can suggest whether or she moves about.
not a monitoring program should be initi- Manufacturer’s instructions, contained in
ated.
dosimeter and sound level meter operating

HOW IS NOISE MEASURED? manuals, should be followed for calibration
221
and maintenance. To ensure accurate re- firms and industrial hygiene firms also pro-
sults, it is considered good professional prac- vide noise monitoring services. Universities
tice to calibrate instruments before and with audiology, industrial hygiene, or acous-
after each use. tical engineering departments may also pro-
HOW OFTEN IS IT NECESSARY TO MONITOR vide information or may be able to help em-
NOISE LEVELS? ployers meet their obligations under this
The amendment requires that when there amendment.
are significant changes in machinery or pro- Free, on-site assistance may be obtained
duction processes that may result in in- from OSHA-supported state and private con-
creased noise levels, remonitoring must be sultation organizations. These safety and
conducted to determine whether additional health consultative entities generally give
employees need to be included in the hearing priority to the needs of small businesses.
conservation program. Many companies
choose to remonitor periodically (once every APPENDIX H TO § 1910.95—AVAILABILITY OF
year or two) to ensure that all exposed em- REFERENCED DOCUMENTS
ployees are included in their hearing con- Paragraphs (c) through (o) of 29 CFR 1910.95
servation programs. and the accompanying appendices contain
WHERE CAN EQUIPMENT AND TECHNICAL AD- provisions which incorporate publications by
VICE BE OBTAINED? reference. Generally, the publications pro-
Noise monitoring equipment may be either vide criteria for instruments to be used in
purchased or rented. Sound level meters cost monitoring and audiometric testing. These
about $500 to $1,000, while dosimeters range criteria are intended to be mandatory when
in price from about $750 to $1,500. Smaller so indicated in the applicable paragraphs of
companies may find it more economical to § 1910.95 and appendices.
rent equipment rather than to purchase it. It should be noted that OSHA does not re-
Names of equipment suppliers may be found quire that employers purchase a copy of the
in the telephone book (Yellow Pages) under referenced publications. Employers, how-
headings such as: ‘‘Safety Equipment,’’ ‘‘In- ever, may desire to obtain a copy of the ref-
dustrial Hygiene,’’ or ‘‘Engineers-Acous- erenced publications for their own informa-
tical.’’ In addition to providing information tion.
on obtaining noise monitoring equipment, The designation of the paragraph of the
many companies and individuals included standard in which the referenced publica-
under such listings can provide professional tions appear, the titles of the publications,
advice on how to conduct a valid noise moni- and the availability of the publications are
toring program. Some audiological testing as follows:
Paragraph designation Referenced publication Available from—
Appendix B ......................... ‘‘List of Personal Hearing Protectors and National Technical Information Service, Port Royal
Attenuation Data,’’ HEW Pub. No. 76– Road, Springfield, VA 22161.
120, 1975. NTIS-PB267461.
Appendix D ......................... ‘‘Specification for Sound Level Meters,’’ American National Standards Institute, Inc., 1430
S1.4–1971 (R1976). Broadway, New York, NY 10018.
§ 1910.95(k)(2), appendix E ‘‘Specifications for Audiometers,’’ S3.6– American National Standards Institute, Inc., 1430
1969. Broadway, New York, NY 10018.
Appendix D ......................... ‘‘Specification for Octave, Half-Octave Back Numbers Department, Dept. STD, American In-
and Third-Octave Band Filter Sets,’’ stitute of Physics, 333 E. 45th St., New York, NY
S1.11–1971 (R1976). 10017; American National Standards Institute, Inc.,
1430 Broadway, New York, NY 10018.
The referenced publications (or a micro- Action level—An 8-hour time-weighted aver-
fiche of the publications) are available for age of 85 decibels measured on the A-scale,
review at many universities and public li- slow response, or equivalently, a dose of
braries throughout the country. These publi- fifty percent.
cations may also be examined at the OSHA Audiogram—A chart, graph, or table result-
Technical Data Center, Room N2439, United ing from an audiometric test showing an
States Department of Labor, 200 Constitu- individual’s hearing threshold levels as a
tion Avenue, NW., Washington, DC 20210, function of frequency.
(202) 219–7500 or at any OSHA Regional Office
Audiologist—A professional, specializing in
(see telephone directories under United
the study and rehabilitation of hearing,
States Government—Labor Department).
who is certified by the American Speech-
APPENDIX I TO § 1910.95—DEFINITIONS Language-Hearing Association or licensed
by a state board of examiners.
These definitions apply to the following
Baseline audiogram—The audiogram against
terms as used in paragraphs (c) through (n)
of 29 CFR 1910.95. which future audiograms are compared.
222
Criterion sound level—A sound level of 90 exposed to the incident electro-
decibels. magnetic energy.
Decibel (dB)—Unit of measurement of sound (iii) Radiation protection guide. Radi-
level. ation level which should not be exceed-
Hertz (Hz)—Unit of measurement of fre-
quency, numerically equal to cycles per
ed without careful consideration of the
second. reasons for doing so.
Medical pathology—A disorder or disease. (iv) The word ‘‘symbol’’ as used in
For purposes of this regulation, a condi- this specification refers to the overall
tion or disease affecting the ear, which design, shape, and coloring of the rf ra-
should be treated by a physician specialist. diation sign shown in figure G–11.
Noise dose—The ratio, expressed as a per- (v) Whole body irradiation. Pertains to
centage, of (1) the time integral, over a the case in which the entire body is ex-
stated time or event, of the 0.6 power of the posed to the incident electromagnetic
measured SLOW exponential time-aver-
energy or in which the cross section of
aged, squared A-weighted sound pressure
and (2) the product of the criterion dura-
the body is smaller than the cross sec-
tion (8 hours) and the 0.6 power of the tion of the incident radiation beam.
squared sound pressure corresponding to (2) Radiation protection guide. (i) For
the criterion sound level (90 dB). normal environmental conditions and
Noise dosimeter—An instrument that inte- for incident electromagnetic energy of
grates a function of sound pressure over a frequencies from 10 MHz to 100 GHz,
period of time in such a manner that it di- the radiation protection guide is 10
rectly indicates a noise dose. mW/cm.2 (milliwatt per square centi-
Otolaryngologist—A physician specializing meter) as averaged over any possible
in diagnosis and treatment of disorders of
the ear, nose and throat.
0.1-hour period. This means the fol-
Representative exposure—Measurements of lowing:
an employee’s noise dose or 8-hour time- Power density: 10 mW./cm.2 for periods of 0.1-
weighted average sound level that the em- hour or more.
ployers deem to be representative of the Energy density: 1 mW.-hr./cm.2 (milliwatt
exposures of other employees in the work- hour per square centimeter) during any 0.1-
place. hour period.
Sound level—Ten times the common loga-
rithm of the ratio of the square of the This guide applies whether the radi-
measured A-weighted sound pressure to the ation is continuous or intermittent.
square of the standard reference pressure (ii) These formulated recommenda-
of 20 micropascals. Unit: decibels (dB). For tions pertain to both whole body irra-
use with this regulation, SLOW time re- diation and partial body irradiation.
sponse, in accordance with ANSI S1.4–1971
(R1976), is required.
Partial body irradiation must be in-
Sound level meter—An instrument for the cluded since it has been shown that
measurement of sound level. some parts of the human body (e.g.,
Time-weighted average sound level—That eyes, testicles) may be harmed if ex-
sound level, which if constant over an 8- posed to incident radiation levels sig-
hour exposure, would result in the same nificantly in excess of the rec-
noise dose as is measured. ommended levels.
[39 FR 23502, June 27, 1974, as amended at 46 (3) Warning symbol. (i) The warning
FR 4161, Jan. 16, 1981; 46 FR 62845, Dec. 29, symbol for radio frequency radiation
1981; 48 FR 9776, Mar. 8, 1983; 48 FR 29687, hazards shall consist of a red isosceles
June 28, 1983; 54 FR 24333, June 7, 1989; 61 FR triangle above an inverted black isos-
9236, Mar. 7, 1996; 71 FR 16672, Apr. 3, 2006] celes triangle, separated and outlined
by an aluminum color border. The
§ 1910.97 Nonionizing radiation. words ‘‘Warning—Radio-Frequency Ra-
(a) Electromagnetic radiation—(1) Defi- diation Hazard’’ shall appear in the
nitions applicable to this paragraph. (i) upper triangle. See figure G–11.
The term electromagnetic radiation is re- (ii) American National Standard
stricted to that portion of the spec- Safety Color Code for Marking Phys-
trum commonly defined as the radio ical Hazards and the Identification of
frequency region, which for the purpose Certain Equipment, Z53.1–1953, which is
of this specification shall include the incorporated by reference as specified
microwave frequency region. in § 1910.6, shall be used for color speci-
(ii) Partial body irradiation. Pertains fication. All lettering and the border
to the case in which part of the body is shall be of aluminum color.
223
(iii) The inclusion and choice of user. If such information is included it

warning information or precautionary shall appear in the lower triangle of
instructions is at the discretion of the the warning symbol.
FIGURE G–11—RADIO-FREQUENCY RADIATION HAZARD WARNING SYMBOL

224
EC27OC91.024
(4) Scope. This section applies to all FR 111), 3–2000 (65 FR 50017), or 5–2002 (67 FR
radiations originating from radio sta- 65008), as applicable; and 29 CFR part 1911.
tions, radar equipment, and other pos- Sections 1910.103, 1910.106 through 1910.111,
and 1910.119, 1910.120, and 1910.122 through 126
sible sources of electromagnetic radi- also issued under 29 CFR part 1911.
ation such as used for communication, Section 1910.119 also issued under section
radio navigation, and industrial and 304, Clean Air Act Amendments of 1990 (Pub.
scientific purposes. This section does L. 101–549), reprinted at 29 U.S.C. 655 Note.
not apply to the deliberate exposure of Section 1910.120 also issued under section
patients by, or under the direction of, 126, Superfund Amendments and Reauthor-
practitioners of the healing arts. ization Act of 1986 as amended (29 U.S.C. 655
(b) [Reserved] Note), and 5 U.S.C. 553.
[39 FR 23502, June 27, 1974, as amended at 61 § 1910.101 Compressed gases (general
FR 9236, Mar. 7, 1996] requirements).
(a) Inspection of compressed gas cyl-
§ 1910.98 Effective dates.
inders. Each employer shall determine
(a) The provisions of this Subpart G that compressed gas cylinders under
shall become effective on August 27, his control are in a safe condition to
1971, except as provided in the remain- the extent that this can be determined
ing paragraphs of this section. by visual inspection. Visual and other
(b) The following provisions shall be- inspections shall be conducted as pre-
come effective on February 15, 1972: scribed in the Hazardous Materials
§ 1910.94 (a)(2)(iii), (a)(3), (a)(4), (b), (c)(2), Regulations of the Department of
(c)(3), (c)(4), (c)(5), (c)(6)(i), (c)(6)(ii), Transportation (49 CFR parts 171–179
(d)(1)(ii), (d)(3), (d)(4), (d)(5), and (d)(7). and 14 CFR part 103). Where those regu-
(c) Notwithstanding anything in lations are not applicable, visual and
paragraph (a), (b), or (d) of this section, other inspections shall be conducted in
any provision in any other section of accordance with Compressed Gas Asso-
this subpart which contains in itself a ciation Pamphlets C–6–1968 and C–8–
specific effective date or time limita- 1962, which is incorporated by reference
tion shall become effective on such as specified in § 1910.6.
date or shall apply in accordance with (b) Compressed gases. The in-plant
such limitation. handling, storage, and utilization of all
(d) Notwithstanding anything in compressed gases in cylinders, portable
paragraph (a) of this section, if any tanks, rail tankcars, or motor vehicle
standard in 41 CFR part 50–204, other cargo tanks shall be in accordance with
than a national consensus standard in- Compressed Gas Association Pamphlet
corporated by reference in § 50– P–1–1965, which is incorporated by ref-
204.2(a)(1), is or becomes applicable at erence as specified in § 1910.6.
any time to any employment and place (c) Safety relief devices for compressed
of employment, by virtue of the Walsh- gas containers. Compressed gas cyl-
Healey Public Contracts Act, or the inders, portable tanks, and cargo tanks
Service Contract Act of 1965, or the Na- shall have pressure relief devices in-
tional Foundation on Arts and Human- stalled and maintained in accordance
ities Act of 1965, any corresponding es- with Compressed Gas Association Pam-
tablished Federal standard in this Sub- phlets S–1.1–1963 and 1965 addenda and
part G which is derived from 41 CFR S–1.2–1963, which is incorporated by ref-
part 50–204 shall also become effective, erence as specified in § 1910.6.
and shall be applicable to such employ- [39 FR 23502, June 27, 1974, as amended at 61
ment and place of employment, on the FR 9236, Mar. 7, 1996]
same date.
§ 1910.102 Acetylene.
Subpart H—Hazardous Materials (a) Cylinders. The in-plant transfer,
handling, storage, and utilization of
acetylene in cylinders shall be in ac-
pational Safety and Health Act of 1970 (29 cordance with Compressed Gas Associa-
U.S.C. 653, 655, 657); Secretary of Labor’s Or- tion Pamphlet G–1–1966, which is incor-
ders Nos. 12–71 (36 FR 8754), 8–76 (41 FR 25059), porated by reference as specified in
9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 § 1910.6.
225
(b) Piped systems. The piped systems than 400 cubic feet, nor to hydrogen
for the inplant transfer and distribu- manufacturing plants or other estab-
tion of acetylene shall be designed, in- lishments operated by the hydrogen
stalled, maintained, and operated in supplier or his agent for the purpose of
accordance with Compressed Gas Asso- storing hydrogen and refilling portable
ciation Pamphlet G–1.3–1959, which is containers, trailers, mobile supply
incorporated by reference as specified trucks, or tank cars.
in § 1910.6. (ii) Liquefied hydrogen systems. (a)
(c) Generators and filling cylinders. Paragraph (c) of this section applies to
Plants for the generation of acetylene the installation of liquefied hydrogen
and the charging (filling) of acetylene systems on consumer premises.
cylinders shall be designed, con- (b) Paragraph (c) of this section does
structed, and tested in accordance with not apply to liquefied hydrogen port-
the standards prescribed in Compressed
able containers of less than 150 liters
Gas Association Pamphlet G–1.4–1966,
(39.63 gallons) capacity; nor to liquefied
which is incorporated by reference as
hydrogen manufacturing plants or
specified in § 1910.6.
other establishments operated by the
[39 FR 23502, June 27, 1974, as amended at 61 hydrogen supplier or his agent for the
FR 9236, Mar. 7, 1996] sole purpose of storing liquefied hydro-
gen and refilling portable containers,
§ 1910.103 Hydrogen.
trailers, mobile supply trucks, or tank
(a) General—(1) Definitions. As used in cars.
this section (i) Gaseous hydrogen sys- (b) Gaseous hydrogen systems—(1) De-
tem is one in which the hydrogen is design—(i) Containers. (a) Hydrogen con-
livered, stored and discharged in the tainers shall comply with one of the
gaseous form to consumer’s piping. The following:
system includes stationary or movable (1) Designed, constructed, and tested
containers, pressure regulators, safety
in accordance with appropriate require-
relief devices, manifolds, inter-
ments of ASME Boiler and Pressure
connecting piping and controls. The
Vessel Code, Section VIII—Unfired
system terminates at the point where
Pressure Vessels—1968, which is incor-
hydrogen at service pressure first en-
porated by reference as specified in
ters the consumer’s distribution pip-
§ 1910.6.
ing.
(ii) Approved—Means, unless other- (2) Designed, constructed, tested and
wise indicated, listed or approved by a maintained in accordance with U.S.
nationally recognized testing labora- Department of Transportation Speci-
tory. Refer to § 1910.7 for definition of fications and Regulations.
nationally recognized testing labora- (b) Permanently installed containers
tory. shall be provided with substantial non-
(iii) Listed—See ‘‘approved’’. combustible supports on firm non-
(iv) ASME—American Society of Me- combustible foundations.
chanical Engineers. (c) Each portable container shall be
(v) DOT Specifications—Regulations legibly marked with the name ‘‘Hydro-
of the Department of Transportation gen’’ in accordance with ‘‘Marking
published in 49 CFR Chapter I. Portable Compressed Gas Containers to
(vi) DOT regulations—See § 1910.103 Identify the Material Contained’’ ANSI
(a)(1)(v). Z48.1—1954, which is incorporated by
(2) Scope—(i) Gaseous hydrogen sys- reference as specified in § 1910.6. Each
tems. (a) Paragraph (b) of this section manifolded hydrogen supply unit shall
applies to the installation of gaseous be legibly marked with the name Hy-
hydrogen systems on consumer prem- drogen or a legend such as ‘‘This unit
ises where the hydrogen supply to the contains hydrogen.’’
consumer premises originates outside (ii) Safety relief devices. (a) Hydrogen
the consumer premises and is delivered containers shall be equipped with safe-
by mobile equipment. ty relief devices as required by the
(b) Paragraph (b) of this section does ASME Boiler and Pressure Vessel Code,
not apply to gaseous hydrogen systems Section VIII Unfired Pressure Vessels,
having a total hydrogen content of less 1968 or the DOT Specifications and
226
Regulations under which the container as follows: ‘‘HYDROGEN—FLAM-

is fabricated. MABLE GAS—NO SMOKING—NO
(b) Safety relief devices shall be ar- OPEN FLAMES,’’ or equivalent.
ranged to discharge upward and unob- (vi) Testing. After installations, all
structed to the open air in such a man- piping, tubing, and fittings shall be
ner as to prevent any impingement of tested and proved hydrogen gas tight
escaping gas upon the container, adja- at maximum operating pressure.
cent structure or personnel. This re- (2) Location—(i) General. (a) The sys-
quirement does not apply to DOT Spec- tem shall be located so that it is read-
ification containers having an internal ily accessible to delivery equipment
volume of 2 cubic feet or less. and to authorized personnel.
(c) Safety relief devices or vent pip- (b) Systems shall be located above
ing shall be designed or located so that ground.
moisture cannot collect and freeze in a
(c) Systems shall not be located be-
manner which would interfere with
proper operation of the device. neath electric power lines.
(iii) Piping, tubing, and fittings. (a) (d) Systems shall not be located close
Piping, tubing, and fittings shall be to flammable liquid piping or piping of
suitable for hydrogen service and for other flammable gases.
the pressures and temperatures in- (e) Systems near aboveground flam-
volved. Cast iron pipe and fittings shall mable liquid storage shall be located
not be used. on ground higher than the flammable
(b) Piping and tubing shall conform liquid storage except when dikes, di-
to Section 2—‘‘Industrial Gas and Air version curbs, grading, or separating
Piping’’—Code for Pressure Piping, solid walls are used to prevent accumu-
ANSI B31.1–1967 with addenda B31.1– lation of flammable liquids under the
1969, which is incorporated by reference system.
as specified in § 1910.6. (ii) Specific requirements. (a) The loca-
(c) Joints in piping and tubing may tion of a system, as determined by the
be made by welding or brazing or by maximum total contained volume of
use of flanged, threaded, socket, or hydrogen, shall be in the order of pref-
compression fittings. Gaskets and erence as indicated by Roman numer-
thread sealants shall be suitable for als in Table H–1.
hydrogen service.
(iv) Equipment assembly. (a) Valves, TABLE H–1
gauges, regulators, and other acces-
Size of hydrogen system
sories shall be suitable for hydrogen
service. Nature of location Less than 3,000 CF In excess
(b) Installation of hydrogen systems to 15,000 of 15,000
3,000 CF CF CF
shall be supervised by personnel famil-
iar with proper practices with ref- Outdoors .................... I ............... IDI..
erence to their construction and use. In a separate building II .............. II .............. II.
(c) Storage containers, piping, valves, In a special room ...... III ............. III ............. Not per-
mitted.
regulating equipment, and other acces- Inside buildings not in IV ............. Not per- Not per-
sories shall be readily accessible, and a special room and mitted. mitted.
shall be protected against physical exposed to other
damage and against tampering. occupancies.
(d) Cabinets or housings containing
hydrogen control or operating equip- (b) The minimum distance in feet
ment shall be adequately ventilated. from a hydrogen system of indicated
(e) Each mobile hydrogen supply unit capacity located outdoors, in separate
used as part of a hydrogen system shall buildings or in special rooms to any
be adequately secured to prevent move- specified outdoor exposure shall be in
ment. accordance with Table H–2.
(f) Mobile hydrogen supply units (c) The distances in Table H–2 Items
shall be electrically bonded to the sys- 1 and 3 to 10 inclusive do not apply
tem before discharging hydrogen. where protective structures such as
(v) Marking. The hydrogen storage lo- adequate fire walls are located between
cation shall be permanently placarded the system and the exposure.
227
TABLE H–2
Type of outdoor exposure Size of hydrogen system
3,000 CF In excess
Less than to 15,000 of 15,000
3,000 CF CF CF
1. Building or structure ............................... Wood frame construction 1 ........................ 10 25 50

Heavy timber, noncombustible or ordinary 0 10 2 25
construction 1.
Fire-resistive construction 1 ........................ 0 0 0
2. Wall openings ......................................... Not above any part of a system ................ 10 10 10
Above any part of a system ...................... 25 25 25
3. Flammable liquids above ground. .......... 0 to 1,000 gallons ...................................... 10 25 25
In excess of 1,000 gallons ......................... 25 50 50
4. Flammable liquids below ground—0 to Tank ........................................................... 10 10 10
1,000 gallons. Vent or fill opening of tank ........................ 25 25 25
5. Flammable liquids below ground—in ex- Tank ........................................................... 20 20 20
cess of 1,000 gallons.. Vent or fill opening of tank ........................ 25 25 25
6. Flammable gas storage, either high 0 to 15,000 CF capacity ............................ 10 25 25
pressure or low pressure.. In excess of 15,000 CF capacity ............... 25 50 50
7. Oxygen storage ...................................... 12,000 CF or less 4 .................................... .................. .................. ..................
More than 12,000 CF 5 .............................. .................. .................. ..................
8. Fast burning solids such as ordinary lumber, excelsior or paper .................................. 50 50 50
9. Slow burning solids such as heavy timber or coal ......................................................... 25 25 25
10. Open flames and other sources of ignition ................................................................... 25 25 25
11. Air compressor intakes or inlets to ventilating or air-conditioning equipment .............. 50 50 50
12. Concentration of people 3 .............................................................................................. 25 50 50
1 Refer to NFPA No. 220 Standard Types of Building Construction for definitions of various types of construction. (1969 Ed.)
2 But not less than one-half the height of adjacent side wall of the structure.
3 Incongested areas such as offices, lunchrooms, locker rooms, time-clock areas.
4 Refer to NFPA No. 51, gas systems for welding and cutting (1969).
5 Refer to NFPA No. 566, bulk oxygen systems at consumer sites (1969).
(d) Hydrogen systems of less than protective walls or roofs are provided,
3,000 CF when located inside buildings they shall be constructed of non-
and exposed to other occupancies shall combustible materials.
be situated in the building so that the (b) Where the enclosing sides adjoin
system will be as follows: each other, the area shall be properly
(1) In an adequately ventilated area ventilated.
as in paragraph (b)(3)(ii)(b) of this sec- (c) Electrical equipment within 15
tion. feet shall be in accordance with sub-
(2) Twenty feet from stored flam- part S of this part.
mable materials or oxidizing gases. (ii) Separate buildings. (a) Separate
(3) Twenty-five feet from open buildings shall be built of at least non-
flames, ordinary electrical equipment combustible construction. Windows
or other sources of ignition. and doors shall be located so as to be
(4) Twenty-five feet from concentra- readily accessible in case of emer-
tions of people. gency. Windows shall be of glass or
(5) Fifty feet from intakes of ventila- plastic in metal frames.
tion or air-conditioning equipment and (b) Adequate ventilation to the out-
air compressors. doors shall be provided. Inlet openings
(6) Fifty feet from other flammable shall be located near the floor in exte-
gas storage. rior walls only. Outlet openings shall
(7) Protected against damage or in- be located at the high point of the
jury due to falling objects or working room in exterior walls or roof. Inlet
activity in the area. and outlet openings shall each have
(8) More than one system of 3,000 CF minimum total area of one (1) square
or less may be installed in the same foot per 1,000 cubic feet of room vol-
room, provided the systems are sepa- ume. Discharge from outlet openings
rated by at least 50 feet. Each such sys- shall be directed or conducted to a safe
tem shall meet all of the requirements location.
of this paragraph. (c) Explosion venting shall be pro-
(3) Design consideration at specific loca- vided in exterior walls or roof only.
tions—(i) Outdoor locations. (a) Where The venting area shall be equal to not
228
less than 1 square foot per 30 cubic feet dry vegetation and combustible mate-
of room volume and may consist of any rial.
one or any combination of the fol- (c) Liquefied hydrogen systems—(1) De-
lowing: Walls of light, noncombustible sign—(i) Containers. (a) Hydrogen con-
material, preferably single thickness, tainers shall comply with the fol-
single strength glass; lightly fastened lowing: Storage containers shall be de-
hatch covers; lightly fastened swinging signed, constructed, and tested in ac-
doors in exterior walls opening out- cordance with appropriate require-
ward; lightly fastened walls or roof de- ments of the ASME Boiler and Pres-
signed to relieve at a maximum pressure Vessel Code, Section VIII—Unfired
sure of 25 pounds per square foot. Pressure Vessels (1968) or applicable
(d) There shall be no sources of igni- provisions of API Standard 620, Rec-
tion from open flames, electrical equip- ommended Rules for Design and Con-
ment, or heating equipment. struction of Large, Welded, Low-Pres-
(e) Electrical equipment shall be in sure Storage Tanks, Second Edition
accordance with subpart S of this part (June 1963) and appendix R (April 1965),
for Class I, Division 2 locations. which is incorporated by reference as
(f) Heating, if provided, shall be by specified in § 1910.6.
steam, hot water, or other indirect (b) Portable containers shall be de-
means. signed, constructed and tested in ac-
(iii) Special rooms. (a) Floor, walls, cordance with DOT Specifications and
and ceiling shall have a fire-resistance Regulations.
rating of at least 2 hours. Walls or par- (ii) Supports. Permanently installed
titions shall be continuous from floor containers shall be provided with sub-
to ceiling and shall be securely an- stantial noncombustible supports se-
chored. At least one wall shall be an curely anchored on firm noncombus-
exterior wall. Openings to other parts tible foundations. Steel supports in ex-
of the building shall not be permitted. cess of 18 inches in height shall be pro-
Windows and doors shall be in exterior tected with a protective coating having
walls and shall be located so as to be a 2-hour fire-resistance rating.
readily accessible in case of emer- (iii) Marking. Each container shall be
gency. Windows shall be of glass or legibly marked to indicate ‘‘LIQUE-
plastic in metal frames. FIED HYDROGEN—FLAMMABLE
(b) Ventilation shall be as provided in GAS.’’
paragraph (b)(3)(ii)(b) of this section. (iv) Safety relief devices. (a)(1) Sta-
(c) Explosion venting shall be as pro- tionary liquefied hydrogen containers
vided in paragraph (b)(3)(ii)(c) of this shall be equipped with safety relief de-
section. vices sized in accordance with CGA
(d) There shall be no sources of igni- Pamphlet S–1, Part 3, Safety Relief De-
tion from open flames, electrical equip- vice Standards for Compressed Gas
ment, or heating equipment. Storage Containers, which is incor-
(e) Electric equipment shall be in ac- porated by reference as specified in
cordance with the requirements of sub- § 1910.6.
part S of this part for Class I, Division (2) Portable liquefied hydrogen con-
2 locations. tainers complying with the U.S. De-
(f) Heating, if provided, shall be by partment of Transportation Regula-
steam, hot water, or indirect means. tions shall be equipped with safety re-
(4) Operating instructions. For instal- lief devices as required in the U.S. De-
lations which require any operation of partment of Transportation Specifica-
equipment by the user, legible instructions and Regulations. Safety relief de-
tions shall be maintained at operating vices shall be sized in accordance with
locations. the requirements of CGA Pamphlet S–
(5) Maintenance. The equipment and 1, Safety Relief Device Standards, Part
functioning of each charged gaseous 1, Compressed Gas Cylinders and Part
hydrogen system shall be maintained 2, Cargo and Portable Tank Containers.
in a safe operating condition in accord- (b) Safety relief devices shall be ar-
ance with the requirements of this sec- ranged to discharge unobstructed to
tion. The area within 15 feet of any hy- the outdoors and in such a manner as
drogen container shall be kept free of to prevent impingement of escaping
229
liquid or gas upon the container, adja- shield shall also be of adequate design
cent structures or personnel. See para- to prevent attrition of the insulation
graph (c)(2)(i)(f) of this section for due to normal operating conditions.
venting of safety relief devices in spe- (e) Uninsulated piping and equipment
cial locations. which operate at liquefied-hydrogen
(c) Safety relief devices or vent pip- temperature shall not be installed
ing shall be designed or located so that above asphalt surfaces or other com-
moisture cannot collect and freeze in a bustible materials in order to prevent
manner which would interfere with contact of liquid air with such mate-
proper operation of the device. rials. Drip pans may be installed under
(d) Safety relief devices shall be pro- uninsulated piping and equipment to
vided in piping wherever liquefied hy- retain and vaporize condensed liquid
drogen could be trapped between clo- air.
sures. (vi) Equipment assembly. (a) Valves,
(v) Piping, tubing, and fittings. (a) Pip- gauges, regulators, and other acces-
ing, tubing, and fittings and gasket and sories shall be suitable for liquefied hy-
thread sealants shall be suitable for drogen service and for the pressures
hydrogen service at the pressures and and temperatures involved.
temperatures involved. Consideration (b) Installation of liquefied hydrogen
shall be given to the thermal expansion systems shall be supervised by per-
and contraction of piping systems sonnel familiar with proper practices
when exposed to temperature fluctua- and with reference to their construc-
tions of ambient to liquefied hydrogen tion and use.
temperatures. (c) Storage containers, piping, valves,
(b) Gaseous hydrogen piping and tub- regulating equipment, and other acces-
ing (above ¥20 °F.) shall conform to sories shall be readily accessible and
the applicable sections of Pressure Pip- shall be protected against physical
ing Section 2—Industrial Gas and Air damage and against tampering. A shut-
Piping, ANSI B31.1–1967 with addenda off valve shall be located in liquid
B31.1–1969. Design of liquefied hydrogen product withdrawal lines as close to
or cold (¥20 °F. or below) gas piping the container as practical. On con-
shall use Petroleum Refinery Piping tainers of over 2,000 gallons capacity,
ANSI B31.3–1966 or Refrigeration Pip- this shutoff valve shall be of the re-
ing ANSI B31.5–1966 with addenda mote control type with no connections,
B31.5a–1968 as a guide, which are incor- flanges, or other appurtenances (other
porated by reference as specified in than a welded manual shutoff valve) al-
§ 1910.6. lowed in the piping between the shutoff
(c) Joints in piping and tubing shall valve and its connection to the inner
preferably be made by welding or braz- container.
ing; flanged, threaded, socket, or suit- (d) Cabinets or housings containing
able compression fittings may be used. hydrogen control equipment shall be
(d) Means shall be provided to mini- ventilated to prevent any accumula-
mize exposure of personnel to piping tion of hydrogen gas.
operating at low temperatures and to (vii) Testing. (a) After installation,
prevent air condensate from contacting all field-erected piping shall be tested
piping, structural members, and sur- and proved hydrogen gas-tight at oper-
faces not suitable for cryogenic tem- ating pressure and temperature.
peratures. Only those insulating mate- (b) Containers if out of service in ex-
rials which are rated nonburning in access of 1 year shall be inspected and
cordance with ASTM Procedures D1692– tested as outlined in (a) of this subdivi-
68, which is incorporated by reference sion. The safety relief devices shall be
as specified in § 1910.6, may be used. checked to determine if they are oper-
Other protective means may be used to able and properly set.
protect personnel. The insulation shall (viii) Liquefied hydrogen vaporizers. (a)
be designed to have a vapor-tight seal The vaporizer shall be anchored and its
in the outer covering to prevent the connecting piping shall be sufficiently
condensation of air and subsequent ox- flexible to provide for the effect of ex-
ygen enrichment within the insulation. pansion and contraction due to tem-
The insulation material and outside perature changes.
230
(b) The vaporizer and its piping shall that they are readily accessible to mo-
be adequately protected on the hydro- bile supply equipment at ground level
gen and heating media sections with and to authorized personnel.
safety relief devices. (b) The containers shall not be ex-
(c) Heat used in a liquefied hydrogen posed by electric power lines, flam-
vaporizer shall be indirectly supplied mable liquid lines, flammable gas lines,
utilizing media such as air, steam, or lines carrying oxidizing materials.
water, or water solutions. (c) When locating liquified hydrogen
(d) A low temperature shutoff switch storage containers near above-ground
shall be provided in the vaporizer dis- flammable liquid storage or liquid oxy-
charge piping to prevent flow of lique- gen storage, it is advisable to locate
fied hydrogen in the event of the loss of the liquefied hydrogen container on
the heat source. ground higher than flammable liquid
(ix) Electrical systems. (a) Electrical storage or liquid oxygen storage.
wiring and equipment located within 3 (d) Where it is necessary to locate
feet of a point where connections are the liquefied hydrogen container on
regularly made and disconnected, shall ground that is level with or lower than
be in accordance with subpart S of this adjacent flammable liquid storage or
part, for Class I, Group B, Division 1 lo- liquid oxygen storage, suitable protec-
cations. tive means shall be taken (such as by
(b) Except as provided in (a) of this diking, diversion curbs, grading), with
subdivision, electrical wiring, and respect to the adjacent flammable liq-
equipment located within 25 feet of a uid storage or liquid oxygen storage, to
point where connections are regularly prevent accumulation of liquids within
made and disconnected or within 25 50 feet of the liquefied hydrogen con-
feet of a liquid hydrogen storage container.
tainer, shall be in accordance with sub- (e) Storage sites shall be fenced and
part S of this part, for Class I, Group B, posted to prevent entrance by unau-
Division 2 locations. When equipment thorized personnel. Sites shall also be
approved for class I, group B placarded as follows: ‘‘Liquefied Hydro-
atmospheres is not commercially avail- gen—Flammable Gas—No Smoking—
able, the equipment may be— No Open Flames.’’
(1) Purged or ventilated in accord- (f) If liquified hydrogen is located in
ance with NFPA No. 496–1967, Standard (as specified in Table H–3) a separate
for Purged Enclosures for Electrical building, in a special room, or inside
Equipment in Hazardous Locations, buildings when not in a special room
(2) Intrinsically safe, or and exposed to other occupancies, con-
(3) Approved for Class I, Group C tainers shall have the safety relief de-
atmospheres. This requirement does vices vented unobstructed to the out-
not apply to electrical equipment doors at a minimum elevation of 25 feet
which is installed on mobile supply above grade to a safe location as re-
trucks or tank cars from which the quired in paragraph (c)(1)(iv)(b) of this
storage container is filled. section.
(x) Bonding and grounding. The lique- (ii) Specific requirements. (a) The loca-
fied hydrogen container and associated tion of liquefied hydrogen storage, as
piping shall be electrically bonded and determined by the maximum total
grounded. quantity of liquified hydrogen, shall be
(2) Location of liquefied hydrogen stor- in the order of preference as indicated
age—(i) General requirements. (a) The by Roman numerals in the following
storage containers shall be located so Table H–3.
TABLE H–3—MAXIMUM TOTAL QUANTITY OF LIQUEFIED HYDROGEN STORAGE PERMITTED
Size of hydrogen storage (capacity in gallons)
Nature of location 39.63 (150 liters) 51 to 300 301 to 600 In excess of 600
to 50
Outdoors ................................................................. I ......................... I ......................... I ......................... I.

In a separate building ............................................. II ........................ II ........................ II ........................ Not permitted.
In a special room .................................................... III ....................... III ....................... Not permitted .... Do.
231
TABLE H–3—MAXIMUM TOTAL QUANTITY OF LIQUEFIED HYDROGEN STORAGE PERMITTED—

Continued
Size of hydrogen storage (capacity in gallons)
Nature of location 39.63 (150 liters) 51 to 300 301 to 600 In excess of 600
to 50
Inside buildings not in a special room and ex- IV ....................... Not permitted .... ......do ................ Do.
posed to other occupancies.
NOTE: This table does not apply to the storage in dewars of the type generally used in laboratories for experimental purposes.
(b) The minimum distance in feet or less capacity as permitted in Table

from liquefied hydrogen systems of in- H–3 and in compliance with subdivision
dicated storage capacity located out- (i)(f) of this subparagraph when housed
doors, in a separate building, or in a inside buildings not located in a special
special room to any specified exposure room and exposed to other occupancies
shall be in accordance with Table H–4. shall comply with the following min-
imum requirements:
TABLE H–4—MINIMUM DISTANCE (FEET) FROM (a) Be located 20 feet from flammable
LIQUEFIED HYDROGEN SYSTEMS TO EXPO- liquids and readily combustible mate-
SURE 1,2 rials such as excelsior or paper.
Liquefied hydrogen storage
(b) Be located 25 feet from ordinary
(capacity in gallons) electrical equipment and other sources
Type of exposure 39.63
of ignition including process or analyt-
15,001 ical equipment.
(150 li- 3,501 to to
ters) to 15,000 (c) Be located 25 feet from concentra-
30,000
3,500
tions of people.
1. Fire-resistive building and (d) Be located 50 feet from intakes of
fire walls 3 ......................... 5 5 5
ventilation and air-conditioning equip-
2. Noncombustible building 3 25 50 75
3. Other buildings 3 .............. 50 75 100 ment or intakes of compressors.
4. Wall openings, air-com- (e) Be located 50 feet from storage of
pressor intakes, inlets for other flammable-gases or storage of
air-conditioning or ven-
tilating equipment ............. 75 75 75
oxidizing gases.
5. Flammable liquids (above (f) Containers shall be protected
ground and vent or fill against damage or injury due to falling
openings if below ground) objects or work activity in the area.
(see 513 and 514) ........... 50 75 100
6. Between stationary lique- (g) Containers shall be firmly secured
fied hydrogen containers 5 5 5 and stored in an upright position.
7. Flammable gas storage .. 50 75 100 (h) Welding or cutting operations,
8. Liquid oxygen storage and smoking shall be prohibited while
and other oxidizers (see
513 and 514) ................... 100 100 100 hydrogen is in the room.
9. Combustible solids .......... 50 75 100 (i) The area shall be adequately ven-
10. Open flames, smoking tilated. Safety relief devices on the
and welding ...................... 50 50 50
11. Concentrations of peo-
containers shall be vented directly out-
ple .................................... 75 75 75 doors or to a suitable hood. See para-
1 The
graphs (c)(1)(iv)(b) and (c)(2)(i)(f) of
distance in Nos. 2, 3, 5, 7, 9, and 12 in Table H–4
may be reduced where protective structures, such as firewalls this section.
equal to height of top of the container, to safeguard the lique- (3) Design considerations at specific lo-
fied hydrogen storage system, are located between the lique-
fied hydrogen storage installation and the exposure. cations—(i) Outdoor locations. (a) Out-
2 Where protective structures are provided, ventilation and
door location shall mean outside of any
confinement of product should be considered. The 5-foot dis-
tance in Nos. 1 and 6 facilitates maintenance and enhances building or structure, and includes lo-
ventilation. cations under a weather shelter or can-
3 Refer to Standard Types of Building Construction, NFPA
No. 220–1969 for definitions of various types of construction. opy provided such locations are not en-
In congested areas such as offices, lunchrooms, locker closed by more than two walls set at
rooms, time-clock areas.
right angles and are provided with
(iii) Handling of liquefied hydrogen in- vent-space between the walls and vent-
side buildings other than separate build- ed roof or canopy.
ings and special rooms. Portable lique- (b) Roadways and yard surfaces lo-
fied hydrogen containers of 50 gallons cated below liquefied hydrogen piping,
232
from which liquid air may drip, shall a manner that they will be accessible
be constructed of noncombustible main an emergency. Windows shall be of
terials. shatterproof glass or plastic in metal
(c) If protective walls are provided, frames.
they shall be constructed of non- (b) Ventilation shall be as provided in
combustible materials and in accord- paragraph (c)(3)(ii)(b) of this section.
ance with the provisions of paragraph (c) Explosion venting shall be pro-
(c)(3)(i)(a) of this section. vided in exterior walls or roof only.
(d) Electrical wiring and equipment The venting area shall be equal to not
shall comply with paragraph (c)(1)(ix)
less than 1 square foot per 30 cubic feet
(a) and (b) of this section.
of room volume and may consist of any
(e) Adequate lighting shall be pro-
vided for nighttime transfer operation. one or any combination of the fol-
(ii) Separate buildings. (a) Separate lowing: Walls of light noncombustible
buildings shall be of light noncombus- material; lightly fastened hatch covers;
tible construction on a substantial lightly fastened swinging doors open-
frame. Walls and roofs shall be lightly ing outward in exterior walls; lightly
fastened and designed to relieve at a fastened walls or roofs designed to re-
maximum internal pressure of 25 lieve at a maximum pressure of 25
pounds per square foot. Windows shall pounds per square foot.
be of shatterproof glass or plastic in (d) There shall be no sources of igni-
metal frames. Doors shall be located in tion.
such a manner that they will be readily (e) Electrical wiring and equipment
accessible to personnel in an emer- shall comply with paragraph (c)(1)(ix)
gency. (a) and (b) of this section except that
(b) Adequate ventilation to the out- the provision of paragraph (c)(1)(ix)(b)
doors shall be provided. Inlet openings of this section shall apply to all elec-
shall be located near the floor level in trical wiring and equipment in the spe-
exterior walls only. Outlet openings cial room.
shall be located at the high point of the
(f) Heating, if provided, shall be
room in exterior walls or roof. Both the
steam, hot water, or by other indirect
inlet and outlet vent openings shall
have a minimum total area of 1 square means.
foot per 1,000 cubic feet of room vol- (4) Operating instructions—(i) Written
ume. Discharge from outlet openings instructions. For installation which re-
shall be directed or conducted to a safe quire any operation of equipment by
location. the user, legible instructions shall be
(c) There shall be no sources of igni- maintained at operating locations.
tion. (ii) Attendant. A qualified person
(d) Electrical wiring and equipment shall be in attendance at all times
shall comply with paragraphs (c)(1)(ix) while the mobile hydrogen supply unit
(a) and (b) of this section except that is being unloaded.
the provisions of paragraph (c)(1)(ix)(b) (iii) Security. Each mobile liquefied
of this section shall apply to all elec- hydrogen supply unit used as part of a
trical wiring and equipment in the sep- hydrogen system shall be adequately
arate building. secured to prevent movement.
(e) Heating, if provided, shall be by (iv) Grounding. The mobile liquefied
steam, hot water, or other indirect hydrogen supply unit shall be grounded
means. for static electricity.
(iii) Special rooms. (a) Floors, walls,
(5) Maintenance. The equipment and
and ceilings shall have a fire resistance
rating of at least 2 hours. Walls or par- functioning of each charged liquefied
titions shall be continuous from floor hydrogen system shall be maintained
to ceiling and shall be securely an- in a safe operating condition in accord-
chored. At least one wall shall be an ance with the requirements of this sec-
exterior wall. Openings to other parts tion. Weeds or similar combustibles
of the building shall not be permitted.
Windows and doors shall be in exterior
walls and doors shall be located in such
233
shall not be permitted within 25 feet of any leakage of liquid oxygen might fall
any liquefied hydrogen equipment. during operation of the system and fill-
[39 FR 23502, June 27, 1974, as amended at 43 ing of a storage container. For pur-
FR 49746, Oct. 24, 1978; 53 FR 12121, Apr. 12, poses of this paragraph, asphaltic or bi-
1988; 55 FR 32015, Aug. 6, 1990; 58 FR 35309, tuminous paving is considered to be
June 30, 1993; 61 FR 9236, 9237, Mar. 7, 1996; 69 combustible.
FR 31881, June 8, 2004] (iv) Elevation. When locating bulk ox-
§ 1910.104 Oxygen. ygen systems near above-ground flam-
mable or combustible liquid storage
(a) Scope. This section applies to the which may be either indoors or out-
installation of bulk oxygen systems on doors, it is advisable to locate the sys-
industrial and institutional consumer
tem on ground higher than the flam-
premises. This section does not apply
mable or combustible liquid storage.
to oxygen manufacturing plants or
other establishments operated by the (v) Dikes. Where it is necessary to lo-
oxygen supplier or his agent for the cate a bulk oxygen system on ground
purpose of storing oxygen and refilling lower than adjacent flammable or com-
portable containers, trailers, mobile bustible liquid storage suitable means
supply trucks, or tank cars, nor to sys- shall be taken (such as by diking, di-
tems having capacities less than those version curbs, or grading) with respect
stated in paragraph (b)(1) of this sec- to the adjacent flammable or combus-
tion. tible liquid storage to prevent accumu-
(b) Bulk oxygen systems—(1) Definition. lation of liquids under the bulk oxygen
As used in this section: A bulk oxygen system.
system is an assembly of equipment, (3) Distance between systems and expo-
such as oxygen storage containers, sures—(i) General. The minimum dis-
pressure regulators, safety devices, va- tance from any bulk oxygen storage
porizers, manifolds, and inter- container to exposures, measured in
connecting piping, which has storage the most direct line except as indicated
capacity of more than 13,000 cubic feet in paragraphs (b)(3) (vi) and (viii) of
of oxygen, Normal Temperature and this section, shall be as indicated in
Pressure (NTP), connected in service or paragraphs (b)(3) (ii) to (xviii) of this
ready for service, or more than 25,000
section inclusive.
cubic feet of oxygen (NTP) including
unconnected reserves on hand at the (ii) Combustible structures. Fifty feet
site. The bulk oxygen system termi- from any combustible structures.
nates at the point where oxygen at (iii) Fire resistive structures. Twenty-
service pressure first enters the supply five feet from any structures with fire-
line. The oxygen containers may be resistive exterior walls or sprinklered
stationary or movable, and the oxygen buildings of other construction, but
may be stored as gas or liquid. not less than one-half the height of ad-
(2) Location—(i) General. Bulk oxygen jacent side wall of the structure.
storage systems shall be located above (iv) Openings. At least 10 feet from
ground out of doors, or shall be in- any opening in adjacent walls of fire
stalled in a building of noncombustible resistive structures. Spacing from such
construction, adequately vented, and structures shall be adequate to permit
used for that purpose exclusively. The maintenance, but shall not be less than
location selected shall be such that 1 foot.
containers and associated equipment (v) Flammable liquid storage above-
shall not be exposed by electric power ground.
lines, flammable or combustible liquid
lines, or flammable gas lines. Distance (feet) Capacity (gallons)
(ii) Accessibility. The system shall be
50 .................................................. 0 to 1000.
located so that it is readily accessible
90 .................................................. 1001 or more.
to mobile supply equipment at ground
level and to authorized personnel.
(vi) Flammable liquid storage below-
(iii) Leakage. Where oxygen is stored
ground.
as a liquid, noncombustible surfacing
shall be provided in an area in which
234
Distance measured Distance from oxygen age installation and the exposure. In
storage container to such cases, the bulk oxygen storage in-
horizontally from oxy- filling and vent con- Capacity gal-
gen storage container
to flammable liquid nections or openings lons stallation may be a minimum distance
to flammable liquid
tank (feet) tank (feet) of 1 foot from the firewall.
(4) Storage containers—(i) Foundations
15 .............................. 50 .............................. 0 to 1000. and supports. Permanently installed
30 .............................. 50 .............................. 1001 or
more. containers shall be provided with sub-
stantial noncombustible supports on
(vii) Combustible liquid storage above- firm noncombustible foundations.
ground. (ii) Construction—liquid. Liquid oxy-
gen storage containers shall be fab-
Distance (feet) Capacity (gallons)
ricated from materials meeting the im-
25 .................................................. 0 to 1000. pact test requirements of paragraph
50 .................................................. 1001 or more. UG–84 of ASME Boiler and Pressure
Vessel Code, Section VIII—Unfired
(viii) Combustible liquid storage below- Pressure Vessels—1968, which is incor-
ground.
porated by reference as specified in
Distance measured hori- Distance from oxygen stor- § 1910.6. Containers operating at pres-
age container to filling and sures above 15 pounds per square inch
zontally from oxygen storage vent connections or openings
container to combustible liq- gage (p.s.i.g.) shall be designed, con-
to combustible liquid tank
uid tank (feet) (feet) structed, and tested in accordance with
15 ........................................... 40. appropriate requirements of ASME
Boiler and Pressure Vessel Code, Sec-
(ix) Flammable gas storage. (Such as tion VII—Unfired Pressure Vessels—
compressed flammable gases, liquefied 1968. Insulation surrounding the liquid
flammable gases and flammable gases oxygen container shall be noncombus-
in low pressure gas holders): tible.
Distance (feet) Capacity (cu. ft. NTP)
(iii) Construction—gaseous. High- pres-
sure gaseous oxygen containers shall
50 .................................................. Less than 5000. comply with one of the following:
90 .................................................. 5000 or more.
(a) Designed, constructed, and tested
(x) Highly combustible materials. Fifty in accordance with appropriate require-
feet from solid materials which burn ments of ASME Boiler and Pressure
rapidly, such as excelsior or paper. Vessel Code, Section VIII—Unfired
(xi) Slow-burning materials. Twenty- Pressure Vessels—1968.
five feet from solid materials which (b) Designed, constructed, tested, and
burn slowly, such as coal and heavy maintained in accordance with DOT
timber. Specifications and Regulations.
(xii) Ventilation. Seventy-five feet in (5) Piping, tubing, and fittings—(i) Se-
one direction and 35 feet in approxi- lection. Piping, tubing, and fittings
mately 90° direction from confining shall be suitable for oxygen service and
walls (not including firewalls less than for the pressures and temperatures in-
20 feet high) to provide adequate ven- volved.
tilation in courtyards and similar con- (ii) Specification. Piping and tubing
fining areas. shall conform to Section 2—Gas and
(xiii) Congested areas. Twenty-five Air Piping Systems of Code for Pres-
feet from congested areas such as of- sure Piping, ANSI, B31.1–1967 with ad-
fices, lunchrooms, locker rooms, time denda B31.10a–1969, which is incor-
clock areas, and similar locations porated by reference as specified in
where people may congregate. § 1910.6.
(xiv)–(xvii) [Reserved] (iii) Fabrication. Piping or tubing for
(xviii) Exceptions. The distances in operating temperatures below ¥20 °F.
paragraphs (b)(3) (ii), (iii), (v) to (xi) in- shall be fabricated from materials
clusive, of this section do not apply meeting the impact test requirements
where protective structures such as of paragraph UG–84 of ASME Boiler
firewalls of adequate height to safe- and Pressure Vessel Code, Section
guard the oxygen storage systems are VIII—Unfired Pressure Vessels—1968,
located between the bulk oxygen stor- when tested at the minimum operating
235
temperature to which the piping may or other readily oxidizable materials

be subjected in service. before placing the system in service.
(6) Safety relief devices—(i) General. (ii) Joints. Joints in piping and tubing
Bulk oxygen storage containers, re- may be made by welding or by use of
gardless of design pressure shall be flanged, threaded, slip, or compression
equipped with safety relief devices as fittings. Gaskets or thread sealants
required by the ASME code or the DOT shall be suitable for oxygen service.
specifications and regulations. (iii) Accessories. Valves, gages, regu-
(ii) DOT containers. Bulk oxygen stor- lators, and other accessories shall be
age containers designed and con- suitable for oxygen service.
structed in accordance with DOT speci- (iv) Installation. Installation of bulk
fication shall be equipped with safety oxygen systems shall be supervised by
relief devices as required thereby. personnel familiar with proper prac-
(iii) ASME containers. Bulk oxygen tices with reference to their construc-
storage containers designed and con- tion and use.
structed in accordance with the ASME
(v) Testing. After installation all field
Boiler and Pressure Vessel Code, Sec-
erected piping shall be tested and
tion VIII—Unfired Pressure Vessel—
1968 shall be equipped with safety relief proved gas tight at maximum oper-
devices meeting the provisions of the ating pressure. Any medium used for
Compressed Gas Association Pamphlet testing shall be oil free and nonflam-
‘‘Safety Relief Device Standards for mable.
Compressed Gas Storage Containers,’’ (vi) Security. Storage containers, pip-
S–1, Part 3, which is incorporated by ing, valves, regulating equipment, and
reference as specified in § 1910.6. other accessories shall be protected
(iv) Insulation. Insulation casings on against physical damage and against
liquid oxygen containers shall be tampering.
equipped with suitable safety relief de- (vii) Venting. Any enclosure con-
vices. taining oxygen control or operating
(v) Reliability. All safety relief de- equipment shall be adequately vented.
vices shall be so designed or located (viii) Placarding. The bulk oxygen
that moisture cannot collect and freeze storage location shall be permanently
in a manner which would interfere with placarded to indicate: ‘‘OXYGEN—NO
proper operation of the device. SMOKING—NO OPEN FLAMES’’, or an
(7) Liquid oxygen vaporizers—(i) equivalent warning.
Mounts and couplings. The vaporizer (ix) Electrical wiring. Bulk oxygen in-
shall be anchored and its connecting stallations are not hazardous locations
piping be sufficiently flexible to pro- as defined and covered in subpart S of
vide for the effect of expansion and this part. Therefore, general purpose or
contraction due to temperature weatherproof types of electrical wiring
changes. and equipment are acceptable depend-
(ii) Relief devices. The vaporizer and ing upon whether the installation is in-
its piping shall be adequately protected doors or outdoors. Such equipment
on the oxygen and heating medium sec-
shall be installed in accordance with
tions with safety relief devices.
the applicable provisions of subpart S
(iii) Heating. Heat used in an oxygen
of this part.
vaporizer shall be indirectly supplied
only through media such as steam, air, (9) Operating instructions. For instal-
water, or water solutions which do not lations which require any operation of
react with oxygen. equipment by the user, legible instruc-
(iv) Grounding. If electric heaters are tions shall be maintained at operating
used to provide the primary source of locations.
heat, the vaporizing system shall be (10) Maintenance. The equipment and
electrically grounded. functioning of each charged bulk oxy-
(8) Equipment assembly and installa- gen system shall be maintained in a
tion—(i) Cleaning. Equipment making safe operating condition in accordance
up a bulk oxygen system shall be with the requirements of this section.
cleaned in order to remove oil, grease Wood and long dry grass shall be cut
236
back within 15 feet of any bulk oxygen which is incorporated by reference as

storage container. specified in § 1910.6, may be used as the
boiling point of the liquid.
FR 49746, Oct. 24, 1978; 61 FR 9237, Mar. 7, (6) Boilover shall mean the expulsion
1996] of crude oil (or certain other liquids)
from a burning tank. The light frac-
§ 1910.105 Nitrous oxide. tions of the crude oil burnoff producing
The piped systems for the in-plant a heat wave in the residue, which on
transfer and distribution of nitrous reaching a water strata may result in
oxide shall be designed, installed, the expulsion of a portion of the con-
maintained, and operated in accord- tents of the tank in the form of froth.
ance with Compressed Gas Association (7) Bulk plant shall mean that por-
Pamphlet G–8.1–1964, which is incor- tion of a property where flammable or
porated by reference as specified in combustible liquids are received by
§ 1910.6. tank vessel, pipelines, tank car, or
tank vehicle, and are stored or blended
in bulk for the purpose of distributing
FR 9237, Mar. 7, 1996]
such liquids by tank vessel, pipeline,
§ 1910.106 Flammable and combustible tank car, tank vehicle, or container.
liquids. (8) Chemical plant shall mean a large
(a) Definitions. As used in this sec- integrated plant or that portion of
tion: such a plant other than a refinery or
(1) Aerosol shall mean a material distillery where flammable or combus-
which is dispensed from its container tible liquids are produced by chemical
as a mist, spray, or foam by a propel- reactions or used in chemical reac-
lant under pressure. tions.
(2) Atmospheric tank shall mean a (9) Closed container shall mean a
storage tank which has been designed container as herein defined, so sealed
to operate at pressures from atmos- by means of a lid or other device that
pheric through 0.5 p.s.i.g. neither liquid nor vapor will escape
(3) Automotive service station shall from it at ordinary temperatures.
mean that portion of property where (10) Crude petroleum shall mean hy-
flammable or combustible liquids used drocarbon mixtures that have a flash
as motor fuels are stored and dispensed point below 150 °F. and which have not
from fixed equipment into the fuel been processed in a refinery.
tanks of motor vehicles and shall in- (11) Distillery shall mean a plant or
clude any facilities available for the that portion of a plant where flam-
sale and service of tires, batteries, and mable or combustible liquids produced
accessories, and for minor automotive by fermentation are concentrated, and
maintenance work. Major automotive where the concentrated products may
repairs, painting, body and fender work also be mixed, stored, or packaged.
are excluded. (12) Fire area shall mean an area of a
(4) Basement shall mean a story of a building separated from the remainder
building or structure having one-half of the building by construction having
or more of its height below ground a fire resistance of at least 1 hour and
level and to which access for fire fight- having all communicating openings
ing purposes is unduly restricted. properly protected by an assembly hav-
(5) Boiling point shall mean the boiling a fire resistance rating of at least 1
ing point of a liquid at a pressure of hour.
14.7 pounds per square inch absolute (13) Flammable aerosol shall mean an
(p.s.i.a.) (760 mm.). Where an accurate aerosol which is required to be labeled
boiling point is unavailable for the ma- ‘‘Flammable’’ under the Federal Haz-
terial in question, or for mixtures ardous Substances Labeling Act (15
which do not have a constant boiling U.S.C. 1261). For the purposes of para-
point, for purposes of this section the graph (d) of this section, such aerosols
10 percent point of a distillation per- are considered Class IA liquids.
formed in accordance with the Stand- (14) Flashpoint means the minimum
ard Method of Test for Distillation of temperature at which a liquid gives off
Petroleum Products, ASTM D–86–62, vapor within a test vessel in sufficient
237
concentration to form an ignitable by persons harbored or detained to re-

mixture with air near the surface of ceive medical, charitable or other care
the liquid, and shall be determined as or treatment, or by persons involun-
follows: tarily detained.
(i) For a liquid which has a viscosity (17) Liquid shall mean, for the pur-
of less than 45 SUS at 100 °F. (37.8 °C.), pose of this section, any material
does not contain suspended solids, and which has a fluidity greater than that
does not have a tendency to form a sur- of 300 penetration asphalt when tested
face film while under test, the proce- in accordance with ASTM Test for Pen-
dure specified in the Standard Method etration for Bituminous Materials, D–
of Test for Flashpoint by Tag Closed 5–65, which is incorporated by reference
Tester (ASTM D–56–70), which is incor- as specified in § 1910.6. When not other-
porated by reference as specified in wise identified, the term liquid shall
§ 1910.6, shall be used. include both flammable and combus-
(ii) For a liquid which has a viscosity tible liquids.
of 45 SUS or more at 100 °F. (37.8 °C.), (18) Combustible liquid means any liq-
or contains suspended solids, or has a uid having a flashpoint at or above 100
tendency to form a surface film while °F. (37.8 °C.) Combustible liquids shall
under test, the Standard Method of be divided into two classes as follows:
Test for Flashpoint by Pensky-Martens (i) Class II liquids shall include those
Closed Tester (ASTM D–93–71) shall be with flashpoints at or above 100 °F.
used, except that the methods specified (37.8 °C.) and below 140 °F. (60 °C.), ex-
in Note 1 to section 1.1 of ASTM D–93– cept any mixture having components
71 may be used for the respective mate- with flashpoints of 200 °F. (93.3 °C.) or
rials specified in the Note. The pre- higher, the volume of which make up 99
ceding ASTM standards are incor- percent or more of the total volume of
porated by reference as specified in the mixture.
§ 1910.6. (ii) Class III liquids shall include
(iii) For a liquid that is a mixture of those with flashpoints at or above 140
compounds that have different °F. (60 °C.) Class III liquids are sub-
volatilities and flashpoints, its divided into two subclasses:
flashpoint shall be determined by using (a) Class IIIA liquids shall include
the procedure specified in paragraph those with flashpoints at or above 140
(a)(14) (i) or (ii) of this section on the °F. (60 °C.) and below 200 °F. (93.3 °C.),
liquid in the form it is shipped. If the except any mixture having components
flashpoint, as determined by this test, with flashpoints of 200 °F. (93.3 °C.), or
is 100 °F. (37.8 °C.) or higher, an addi- higher, the total volume of which make
tional flashpoint determination shall up 99 percent or more of the total vol-
be run on a sample of the liquid evapo- ume of the mixture.
rated to 90 percent of its original vol- (b) Class IIIB liquids shall include
ume, and the lower value of the two those with flashpoints at or above 200
tests shall be considered the flashpoint °F. (93.3 °C.). This section does not
of the material. cover Class IIIB liquids. Where the
(iv) Organic peroxides, which undergo term ‘‘Class III liquids is used in this
autoaccelerating thermal decomposi- section, it shall mean only Class IIIA
tion, are excluded from any of the liquids.
flashpoint determination methods (iii) When a combustible liquid is
specified in this subparagraph. heated for use to within 30 °F. (16.7 °C.)
(15) Hotel shall mean buildings or of its flashpoint, it shall be handled in
groups of buildings under the same accordance with the requirements for
management in which there are sleep- the next lower class of liquids.
ing accommodations for hire, primarily (19) Flammable liquid means any liq-
used by transients who are lodged with uid having a flashpoint below 100 °F.
or without meals including but not (37.8 °C.), except any mixture having
limited to inns, clubs, motels, and components with flashpoints of 100 °F.
apartment hotels. (37.8 °C.) or higher, the total of which
(16) Institutional occupancy shall make up 99 percent or more of the total
mean the occupancy or use of a build- volume of the mixture. Flammable liq-
ing or structure or any portion thereof uids shall be known as Class I liquids.
238
Class I liquids are divided into three uids are produced on a commercial
classes as follows: scale from crude petroleum, natural
(i) Class IA shall include liquids hav- gasoline, or other hydrocarbon sources.
ing flashpoints below 73 °F. (22.8 °C.) (29) Safety can shall mean an ap-
and having a boiling point below 100 °F. proved container, of not more than 5
(37.8 °C.). gallons capacity, having a spring-clos-
(ii) Class IB shall include liquids having lid and spout cover and so designed
ing flashpoints below 73 °F. (22.8 °C.) that it will safely relieve internal pres-
and having a boiling point at or above sure when subjected to fire exposure.
100 °F. (37.8 °C.). (30) Vapor pressure shall mean the
(iii) Class IC shall include liquids pressure, measured in pounds per
having flashpoints at or above 73 °F. square inch (absolute) exerted by a
(22.8 °C.) and below 100 °F. (37.8 °C.). volatile liquid as determined by the
(20) Unstable (reactive) liquid shall ‘‘Standard Method of Test for Vapor
mean a liquid which in the pure state Pressure of Petroleum Products (Reid
or as commercially produced or trans- Method),’’ American Society for Test-
ported will vigorously polymerize, de- ing and Materials ASTM D323–68, which
compose, condense, or will become self- is incorporated by reference as speci-
reactive under conditions of shocks, fied in § 1910.6.
pressure, or temperature. (31) Ventilation as specified in this
(21) Low-pressure tank shall mean a section is for the prevention of fire and
storage tank which has been designed explosion. It is considered adequate if
to operate at pressures above 0.5 p.s.i.g. it is sufficient to prevent accumulation
but not more than 15 p.s.i.g. of significant quantities of vapor-air
(22) Marine service station shall mixtures in concentration over one-
mean that portion of a property where fourth of the lower flammable limit.
flammable or combustible liquids used (32) Storage: Flammable or combus-
as fuels are stored and dispensed from tible liquids shall be stored in a tank
fixed equipment on shore, piers, or in a container that complies with
wharves, or floating docks into the fuel paragraph (d)(2) of this section.
tanks of self-propelled craft, and shall (33) Barrel shall mean a volume of 42
include all facilities used in connection U.S. gallons.
therewith. (34) Container shall mean any can,
(23) Mercantile occupancy shall mean barrel, or drum.
the occupancy or use of a building or (35) Approved unless otherwise indi-
structure or any portion thereof for the cated, approved, or listed by a nation-
displaying, selling, or buying of goods, ally recognized testing laboratory.
wares, or merchandise. Refer to § 1910.7 for definition of nation-
(24) Office occupancy shall mean the ally recognized testing laboratory.
occupancy or use of a building or struc- (36) Listed see ‘‘approved’’ in
ture or any portion thereof for the § 1910.106(a)(35).
transaction of business, or the ren- (37) SUS means Saybolt Universal
dering or receiving of professional serv- Seconds as determined by the Standard
ices. Method of Test for Saybolt Viscosity
(25) Portable tank shall mean a (ASTM D–88–56), and may be deter-
closed container having a liquid capac- mined by use of the SUS conversion ta-
ity over 60 U.S. gallons and not in- bles specified in ASTM Method D2161–
tended for fixed installation. 66 following determination of viscosity
(26) Pressure vessel shall mean a in accordance with the procedures
storage tank or vessel which has been specified in the Standard Method of
designed to operate at pressures above Test for Viscosity of Transparent and
15 p.s.i.g. Opaque Liquids (ASTM D445–65).
(27) Protection for exposure shall (38) Viscous means a viscosity of 45
mean adequate fire protection for SUS or more.
structures on property adjacent to (b) Tank storage—(1) Design and con-
tanks, where there are employees of struction of tanks—(i) Materials. (a)
the establishment. Tanks shall be built of steel except as
(28) Refinery shall mean a plant in provided in paragraphs (b)(1)(i) (b)
which flammable or combustible liq- through (e) of this section.
239
(b) Tanks may be built of materials enth Edition, August 1957; or No. 12F,
other than steel for installation under- Specification for Small Welded Produc-
ground or if required by the properties tion Tanks, Fifth Edition, March 1961.
of the liquid stored. Tanks located Tanks built in accordance with these
above ground or inside buildings shall standards shall be used only as produc-
be of noncombustible construction. tion tanks for storage of crude petro-
(c) Tanks built of materials other leum in oil-producing areas.
than steel shall be designed to speci- (b) Tanks designed for underground
fications embodying principles recog- service not exceeding 2,500 gallons ca-
nized as good engineering design for pacity may be used aboveground.
the material used.
(c) Low-pressure tanks and pressure
(d) Unlined concrete tanks may be
used for storing flammable or combus- vessels may be used as atmospheric
tible liquids having a gravity of 40° API tanks.
or heavier. Concrete tanks with special (d) Atmospheric tanks shall not be
lining may be used for other services used for the storage of a flammable or
provided the design is in accordance combustible liquid at a temperature at
with sound engineering practice. or above its boiling point.
(e) [Reserved] (iv) Low pressure tanks. (a) The nor-
(f) Special engineering consideration mal operating pressure of the tank
shall be required if the specific gravity shall not exceed the design pressure of
of the liquid to be stored exceeds that the tank.
of water or if the tanks are designed to (b) Low-pressure tanks shall be built
contain flammable or combustible liq- in accordance with acceptable stand-
uids at a liquid temperature below 0 °F. ards of design. Low-pressure tanks may
(ii) Fabrication. (a) [Reserved] be built in accordance with the fol-
(b) Metal tanks shall be welded, riv- lowing consensus standards that are in-
eted, and caulked, brazed, or bolted, or corporated by reference as specified in
constructed by use of a combination of § 1910.6:
these methods. Filler metal used in
(1) American Petroleum Institute
brazing shall be nonferrous metal or an
alloy having a melting point above 1000 Standard No. 620. Recommended Rules
°F. and below that of the metal joined. for the Design and Construction of
(iii) Atmospheric tanks. (a) Atmos- Large, Welded, Low-Pressure Storage
pheric tanks shall be built in accord- Tanks, Third Edition, 1966.
ance with acceptable good standards of (2) The principles of the Code for
design. Atmospheric tanks may be Unfired Pressure Vessels, Section VIII
built in accordance with the following of the ASME Boiler and Pressure Ves-
consensus standards that are incor- sels Code, 1968.
porated by reference as specified in (c) Atmospheric tanks built accord-
§ 1910.6: ing to Underwriters’ Laboratories, Inc.,
(1) Underwriters’ Laboratories, Inc., requirements in subdivision (iii)(a) of
Subjects No. 142, Standard for Steel and shall be limited to 2.5 p.s.i.g. under
Aboveground Tanks for Flammable and emergency venting conditions.
Combustible Liquids, 1968; No. 58,
This paragraph may be used for oper-
Standard for Steel Underground Tanks
ating pressures not exceeding 1 p.s.i.g.
for Flammable and Combustible Liq-
uids, Fifth Edition, December 1961; or (d) Pressure vessels may be used as
No. 80, Standard for Steel Inside Tanks low-pressure tanks.
for Oil-Burner Fuel, September 1963. (v) Pressure vessels. (a) The normal op-
(2) American Petroleum Institute erating pressure of the vessel shall not
Standards No. 650, Welded Steel Tanks exceed the design pressure of the ves-
for Oil Storage, Third Edition, 1966. sel.
(3) American Petroleum Institute (b) Pressure vessels shall be built in
Standards No. 12B, Specification for accordance with the Code for Unfired
Bolted Production Tanks, Eleventh Pressure Vessels, Section VIII of the
Edition, May 1958, and Supplement 1, ASME Boiler and Pressure Vessel Code
March 1962; No. 12D, Specification for 1968.
Large Welded Production Tanks, Sev-
240
(vi) Provisions for internal corrosion. Suitable means shall be taken to pre-
When tanks are not designed in accord- vent the accumulation of flammable or
ance with the American Petroleum In- combustible liquids under adjacent liq-
stitute, American Society of Mechan- uefied petroleum gas containers such
ical Engineers, or the Underwriters’ as by diversion curbs or grading. When
Laboratories, Inc.’s, standards, or if flammable or combustible liquid stor-
corrosion is anticipated beyond that age tanks are within a diked area, the
provided for in the design formulas liquefied petroleum gas containers
used, additional metal thickness or shall be outside the diked area and at
suitable protective coatings or linings least 10 feet away from the centerline
shall be provided to compensate for the of the wall of the diked area. The fore-
corrosion loss expected during the de- going provisions shall not apply when
sign life of the tank. liquefied petroleum gas containers of
(2) Installation of outside aboveground 125 gallons or less capacity are in-
tanks. stalled adjacent to fuel oil supply
(i) [Reserved] tanks of 550 gallons or less capacity.
(ii) Spacing (shell-to-shell) between (iii) [Reserved]
aboveground tanks. (a) The distance be- (iv) Normal venting for aboveground
tween any two flammable or combus- tanks. (a) Atmospheric storage tanks
tible liquid storage tanks shall not be shall be adequately vented to prevent
less than 3 feet. the development of vacuum or pressure
(b) Except as provided in paragraph sufficient to distort the roof of a cone
(b)(2)(ii)(c) of this section, the distance roof tank or exceeding the design pres-
between any two adjacent tanks shall sure in the case of other atmospheric
not be less than one-sixth the sum of tanks, as a result of filling or
their diameters. When the diameter of emptying, and atmospheric tempera-
one tank is less than one-half the di- ture changes.
ameter of the adjacent tank, the dis- (b) Normal vents shall be sized either
tance between the two tanks shall not in accordance with: (1) The American
be less than one-half the diameter of Petroleum Institute Standard 2000
the smaller tank. (1968), Venting Atmospheric and Low-
(c) Where crude petroleum in con- Pressure Storage Tanks, which is in-
junction with production facilities are corporated by reference as specified in
located in noncongested areas and have § 1910.6; or (2) other accepted standard;
capacities not exceeding 126,000 gallons or (3) shall be at least as large as the
(3,000 barrels), the distance between filling or withdrawal connection,
such tanks shall not be less than 3 feet. whichever is larger but in no case less
(d) Where unstable flammable or than 11⁄4 inch nominal inside diameter.
combustible liquids are stored, the dis- (c) Low-pressure tanks and pressure
tance between such tanks shall not be vessels shall be adequately vented to
less than one-half the sum of their di- prevent development of pressure or
ameters. vacuum, as a result of filling or
(e) When tanks are compacted in emptying and atmospheric tempera-
three or more rows or in an irregular ture changes, from exceeding the de-
pattern, greater spacing or other sign pressure of the tank or vessel.
means shall be provided so that inside Protection shall also be provided to
tanks are accessible for firefighting prevent overpressure from any pump
purposes. discharging into the tank or vessel
(f) The minimum separation between when the pump discharge pressure can
a liquefied petroleum gas container exceed the design pressure of the tank
and a flammable or combustible liquid or vessel.
storage tank shall be 20 feet, except in (d) If any tank or pressure vessel has
the case of flammable or combustible more than one fill or withdrawal con-
liquid tanks operating at pressures ex- nection and simultaneous filling or
ceeding 2.5 p.s.i.g. or equipped with withdrawal can be made, the vent size
emergency venting which will permit shall be based on the maximum antici-
pressures to exceed 2.5 p.s.i.g. in which pated simultaneous flow.
case the provisions of subdivisions (a) (e) Unless the vent is designed to
and (b) of this subdivision shall apply. limit the internal pressure 2.5 p.s.i. or
241
less, the outlet of vents and vent drains (b) In a vertical tank the construc-
shall be arranged to discharge in such tion referred to in subdivision (a) of
a manner as to prevent localized over- this subdivision may take the form of a
heating of any part of the tank in the floating roof, lifter roof, a weak roof-
event vapors from such vents are ig- to-shell seam, or other approved pres-
nited. sure relieving construction. The weak
(f) Tanks and pressure vessels storing roof-to-shell seam shall be constructed
Class IA liquids shall be equipped with to fail preferential to any other seam.
venting devices which shall be nor- (c) Where entire dependence for emer-
mally closed except when venting to gency relief is placed upon pressure re-
pressure or vacuum conditions. Tanks lieving devices, the total venting ca-
and pressure vessels storing Class IB pacity of both normal and emergency
and IC liquids shall be equipped with
vents shall be enough to prevent rup-
venting devices which shall be nor-
ture of the shell or bottom of the tank
mally closed except when venting
if vertical, or of the shell or heads if
under pressure or vacuum conditions,
or with approved flame arresters. horizontal. If unstable liquids are
stored, the effects of heat or gas result-
Exemption: Tanks of 3,000 bbls. capac- ing from polymerization, decomposi-
ity or less containing crude petroleum
tion, condensation, or self-reactivity
in crude-producing areas; and, outside
shall be taken into account. The total
aboveground atmospheric tanks under
capacity of both normal and emergency
1,000 gallons capacity containing other
than Class IA flammable liquids may venting devices shall be not less than
have open vents. (See subdivision that derived from Table H–10 except as
(vi)(b) of this subparagraph.) provided in subdivision (e) or (f) of this
(g) Flame arresters or venting de- subdivision. Such device may be a self-
vices required in subdivision (f) of this closing manhole cover, or one using
subdivision may be omitted for Class long bolts that permit the cover to lift
IB and IC liquids where conditions are under internal pressure, or an addi-
such that their use may, in case of ob- tional or larger relief valve or valves.
struction, result in tank damage. The wetted area of the tank shall be
(v) Emergency relief venting for fire ex- calculated on the basis of 55 percent of
posure for aboveground tanks. (a) Every the total exposed area of a sphere or
aboveground storage tank shall have spheroid, 75 percent of the total ex-
some form of construction or device posed area of a horizontal tank and the
that will relieve excessive internal first 30 feet above grade of the exposed
pressure caused by exposure fires. shell area of a vertical tank.
TABLE H–10—WETTED AREA VERSUS CUBIC FEET FREE AIR PER HOUR
[14.7 psia and 60 °F.]
Square feet CFH Square feet CFH Square feet CFH
20 21,100 200 211,000 1,000 524,000

30 31,600 250 239,000 1,200 557,000
40 42,100 300 265,000 1,400 587,000
50 52,700 350 288,000 1,600 614,000
60 63,200 400 312,000 1,800 639,000
70 73,700 500 354,000 2,000 662,000
80 84,200 600 392,000 2,400 704,000
90 94,800 700 428,000 2,800 742,000
100 105,000 800 462,000 and
120 126,000 900 493,000 over
140 147,000 1,000 524,000
160 168,000
180 190,000
200 211,000
(d) For tanks and storage vessels de- except that when the exposed wetted
signed for pressure over 1 p.s.i.g., the area of the surface is greater than 2,800
total rate of venting shall be deter- square feet, the total rate of venting
mined in accordance with Table H–10,
242
shall be calculated by the following flow capacity of tank venting devices

formula: larger than 12 inches nominal pipe size,
CFH = 1,107A 0.82 including manhole covers with long
bolts or equivalent, may be calculated
Where; provided that the opening pressure is
CFH = Venting requirement, in cubic feet of actually measured, the rating pressure
free air per hour. and corresponding free orifice area are
A = Exposed wetted surface, in square feet. stated, the word ‘‘calculated’’ appears
NOTE: The foregoing formula is based on on the nameplate, and the computation
Q=21,000A0.82. is based on a flow coefficient of 0.5 ap-
(e) The total emergency relief vent- plied to the rated orifice area.
ing capacity for any specific stable liq- (vi) Vent piping for aboveground tanks.
uid may be determined by the fol- (a) Vent piping shall be constructed in
lowing formula: accordance with paragraph (c) of this
V = 1337 ÷ L√M section.
(b) Where vent pipe outlets for tanks
V = Cubic feet of free air per hour from Table storing Class I liquids are adjacent to
H–10. buildings or public ways, they shall be
L = Latent heat of vaporization of specific
located so that the vapors are released
liquid in B.t.u. per pound.
M = Molecular weight of specific liquids. at a safe point outside of buildings and
not less than 12 feet above the adjacent
(f) The required airflow rate of sub- ground level. In order to aid their dis-
division (c) or (e) of this subdivision persion, vapors shall be discharged up-
may be multiplied by the appropriate ward or horizontally away from closely
factor listed in the following schedule adjacent walls. Vent outlets shall be
when protection is provided as indi- located so that flammable vapors will
cated. Only one factor may be used for not be trapped by eaves or other ob-
any one tank. structions and shall be at least five
0.5 for drainage in accordance with subdivi- feet from building openings.
sion (vii)(b) of this subparagraph for tanks (c) When tank vent piping is
over 200 square feet of wetted area. manifolded, pipe sizes shall be such as
0.3 for approved water spray. to discharge, within the pressure limi-
0.3 for approved insulation. tations of the system, the vapors they
0.15 for approved water spray with ap- may be required to handle when
proved insulation.
manifolded tanks are subject to the
(g) The outlet of all vents and vent same fire exposure.
drains on tanks equipped with emer- (vii) Drainage, dikes, and walls for
gency venting to permit pressures ex- aboveground tanks—(a) Drainage and
ceeding 2.5 p.s.i.g. shall be arranged to diked areas. The area surrounding a
discharge in such a way as to prevent tank or a group of tanks shall be pro-
localized overheating of any part of the vided with drainage as in subdivision
tank, in the event vapors from such (b) of this subdivision, or shall be diked
vents are ignited. as provided in subdivision (c) of this
(h) Each commercial tank venting subdivision, to prevent accidental dis-
device shall have stamped on it the charge of liquid from endangering ad-
opening pressure, the pressure at which joining property or reaching water-
the valve reaches the full open posi- ways.
tion, and the flow capacity at the lat- (b) Drainage. Where protection of ad-
ter pressure, expressed in cubic feet per joining property or waterways is by
hour of air at 60 °F. and at a pressure means of a natural or manmade drain-
of 14.7 p.s.i.a. age system, such systems shall comply
(i) The flow capacity of tank venting with the following:
devices 12 inches and smaller in nomi- (1) [Reserved]
nal pipe size shall be determined by ac- (2) The drainage system shall termi-
tual test of each type and size of vent. nate in vacant land or other area or in
These flow tests may be conducted by an impounding basin having a capacity
the manufacturer if certified by a not smaller than that of the largest
qualified impartial observer, or may be tank served. This termination area and
conducted by an outside agency. The the route of the drainage system shall
243
be so located that, if the flammable or asphalts, the fill pipe shall be so de-
combustible liquids in the drainage signed and installed as to minimize the
system are ignited, the fire will not se- possibility of generating static elec-
riously expose tanks or adjoining prop- tricity. A fill pipe entering the top of a
erty. tank shall terminate within 6 inches of
(c) Diked areas. Where protection of the bottom of the tank and shall be in-
adjoining property or waterways is ac- stalled to avoid excessive vibration.
complished by retaining the liquid (f) Filling and emptying connections
around the tank by means of a dike, which are made and broken shall be lo-
the volume of the diked area shall cated outside of buildings at a location
comply with the following require- free from any source of ignition and
ments: not less than 5 feet away from any
(1) Except as provided in subdivision
building opening. Such connection
(2) of this subdivision, the volumetric
shall be closed and liquidtight when
capacity of the diked area shall not be
not in use. The connection shall be
less than the greatest amount of liquid
that can be released from the largest properly identified.
tank within the diked area, assuming a (3) Installation of underground tanks—
full tank. The capacity of the diked (i) Location. Excavation for under-
area enclosing more than one tank ground storage tanks shall be made
shall be calculated by deducting the with due care to avoid undermining of
volume of the tanks other than the foundations of existing structures. Un-
largest tank below the height of the derground tanks or tanks under build-
dike. ings shall be so located with respect to
(2) For a tank or group of tanks with existing building foundations and sup-
fixed roofs containing crude petroleum ports that the loads carried by the lat-
with boilover characteristics, the volu- ter cannot be transmitted to the tank.
metric capacity of the diked area shall The distance from any part of a tank
be not less than the capacity of the storing Class I liquids to the nearest
largest tank served by the enclosure, wall of any basement or pit shall be
assuming a full tank. The capacity of not less than 1 foot, and to any prop-
the diked enclosure shall be calculated erty line that may be built upon, not
by deducting the volume below the less than 3 feet. The distance from any
height of the dike of all tanks within part of a tank storing Class II or Class
the enclosure. III liquids to the nearest wall of any
(3) Walls of the diked area shall be of basement, pit or property line shall be
earth, steel, concrete or solid masonry not less than 1 foot.
designed to be liquidtight and to with- (ii) Depth and cover. Underground
stand a full hydrostatic head. Earthen tanks shall be set on firm foundations
walls 3 feet or more in height shall
and surrounded with at least 6 inches
have a flat section at the top not less
of noncorrosive, inert materials such
than 2 feet wide. The slope of an earth-
as clean sand, earth, or gravel well
en wall shall be consistent with the
tamped in place. The tank shall be
angle of repose of the material of which
the wall is constructed. placed in the hole with care since drop-
(4) The walls of the diked area shall ping or rolling the tank into the hole
be restricted to an average height of 6 can break a weld, puncture or damage
feet above interior grade. the tank, or scrape off the protective
(5) [Reserved] coating of coated tanks. Tanks shall be
(6) No loose combustible material, covered with a minimum of 2 feet of
empty or full drum or barrel, shall be earth, or shall be covered with not less
permitted within the diked area. than 1 foot of earth, on top of which
(viii) Tank openings other than vents shall be placed a slab of reinforced con-
for aboveground tanks. crete not less than 4 inches thick.
(a)–(c) [Reserved] When underground tanks are, or are
(d) Openings for gaging shall be pro- likely to be, subject to traffic, they
vided with a vaportight cap or cover. shall be protected against damage from
(e) For Class IB and Class IC liquids vehicles passing over them by at least
other than crude oils, gasolines, and 3 feet of earth cover, or 18 inches of
244
well-tamped earth, plus 6 inches of re- TABLE H–11—VENT LINE DIAMETERS—

inforced concrete or 8 inches of asphal- Continued
tic concrete. When asphaltic or rein-
Pipe length 1
forced concrete paving is used as part Maximum flow GPM
of the protection, it shall extend at 50 feet 100 feet 200 feet
least 1 foot horizontally beyond the 1,000 .................................... 2 2 3
outline of the tank in all directions. 1 Vent lines of 50 ft., 100 ft., and 200 ft. of pipe plus 7 ells.
(iii) Corrosion protection. Corrosion
protection for the tank and its piping (c) Location and arrangement of
shall be provided by one or more of the vents for Class II or Class III liquids.
following methods: Vent pipes from tanks storing Class II
(a) Use of protective coatings or or Class III flammable liquids shall ter-
wrappings; minate outside of the building and
(b) Cathodic protection; or, higher than the fill pipe opening. Vent
(c) Corrosion resistant materials of outlets shall be above normal snow
construction. level. They may be fitted with return
(iv) Vents. (a) Location and arrange- bends, coarse screens or other devices
ment of vents for Class I liquids. Vent to minimize ingress of foreign mate-
pipes from tanks storing Class I liquids rial.
shall be so located that the discharge (d) Vent piping shall be constructed
point is outside of buildings, higher in accordance with paragraph (c) of
than the fill pipe opening, and not less this section. Vent pipes shall be so laid
than 12 feet above the adjacent ground as to drain toward the tank without
level. Vent pipes shall discharge only sags or traps in which liquid can col-
upward in order to disperse vapors. lect. They shall be located so that they
Vent pipes 2 inches or less in nominal will not be subjected to physical dam-
inside diameter shall not be obstructed age. The tank end of the vent pipe shall
by devices that will cause excessive enter the tank through the top.
back pressure. Vent pipe outlets shall (e) When tank vent piping is
be so located that flammable vapors manifolded, pipe sizes shall be such as
will not enter building openings, or be to discharge, within the pressure limi-
trapped under eaves or other obstruc- tations of the system, the vapors they
tions. If the vent pipe is less than 10 may be required to handle when
feet in length, or greater than 2 inches manifolded tanks are filled simulta-
in nominal inside diameter, the outlet neously.
shall be provided with a vacuum and (v) Tank openings other than vents. (a)
pressure relief device or there shall be Connections for all tank openings shall
an approved flame arrester located in be vapor or liquid tight.
the vent line at the outlet or within (b) Openings for manual gaging, if
the approved distance from the outlet. independent of the fill pipe, shall be
(b) Size of vents. Each tank shall be provided with a liquid-tight cap or
vented through piping adequate in size cover. If inside a building, each such
to prevent blow-back of vapor or liquid opening shall be protected against liq-
at the fill opening while the tank is uid overflow and possible vapor release
being filled. Vent pipes shall be not less by means of a spring loaded check
than 11⁄4 inch nominal inside diameter. valve or other approved device.
(c) Fill and discharge lines shall
TABLE H–11—VENT LINE DIAMETERS enter tanks only through the top. Fill
Pipe length 1 lines shall be sloped toward the tank.
Maximum flow GPM (d) For Class IB and Class IC liquids
50 feet 100 feet 200 feet
other than crude oils, gasolines, and
Inches Inches Inches asphalts, the fill pipe shall be so de-
100 ....................................... 11⁄4 11⁄4 11⁄4 signed and installed as to minimize the
200 ....................................... 11⁄4 11⁄4 11⁄4 possibility of generating static elec-
300 ....................................... 11⁄4 11⁄4 11⁄2
400 ....................................... 11⁄4 11⁄2 2 tricity by terminating within 6 inches
500 ....................................... 11⁄2 11⁄2 2 of the bottom of the tank.
600 ....................................... 11⁄2 2 2 (e) Filling and emptying connections
700 ....................................... 2 2 2
which are made and broken shall be lo-
800 ....................................... 2 2 3
900 ....................................... 2 2 3 cated outside of buildings at a location
245
free from any source of ignition and this subdivision), shall be provided
not less than 5 feet away from any with a vaportight cap or cover. Each
building opening. Such connection such opening shall be protected against
shall be closed and liquidtight when liquid overflow and possible vapor re-
not in use. The connection shall be lease by means of a spring loaded check
properly identified. valve or other approved device.
(4) Installation of tanks inside of build- (e) For Class IB and Class IC liquids
ings—(i) Location. Tanks shall not be other than crude oils, gasolines, and
permitted inside of buildings except as asphalts, the fill pipe shall be so de-
provided in paragraphs (e), (g), (h), or signed and installed as to minimize the
(i) of this section. possibility of generating static elec-
(ii) Vents. Vents for tanks inside of tricity by terminating within 6 inches
buildings shall be as provided in sub- of the bottom of the tank.
paragraphs (2) (iv), (v), (vi)(b), and (f) The fill pipe inside of the tank
(3)(iv) of this paragraph, except that shall be installed to avoid excessive vi-
emergency venting by the use of weak bration of the pipe.
roof seams on tanks shall not be per- (g) The inlet of the fill pipe shall be
mitted. Vents shall discharge vapors located outside of buildings at a loca-
outside the buildings. tion free from any source of ignition
(iii) Vent piping. Vent piping shall be and not less than 5 feet away from any
constructed in accordance with para- building opening. The inlet of the fill
graph (c) of this section. pipe shall be closed and liquidtight
(iv) Tank openings other than vents. (a) when not in use. The fill connection
Connections for all tank openings shall shall be properly identified.
be vapor or liquidtight. Vents are cov- (h) Tanks inside buildings shall be
ered in subdivision (ii) of this subpara- equipped with a device, or other means
graph. shall be provided, to prevent overflow
(b) Each connection to a tank inside into the building.
of buildings through which liquid can (5) Supports, foundations, and anchor-
normally flow shall be provided with age for all tank locations—(i) General.
an internal or an external valve lo- Tank supports shall be installed on
cated as close as practical to the shell firm foundations. Tank supports shall
of the tank. Such valves, when exter- be of concrete, masonry, or protected
nal, and their connections to the tank steel. Single wood timber supports (not
shall be of steel except when the chem- cribbing) laid horizontally may be used
ical characteristics of the liquid stored for outside aboveground tanks if not
are incompatible with steel. When ma- more than 12 inches high at their low-
terials other than steel are necessary, est point.
they shall be suitable for the pressures, (ii) Fire resistance. Steel supports or
structural stresses, and temperatures exposed piling shall be protected by
involved, including fire exposures. materials having a fire resistance rat-
(c) Flammable or combustible liquid ing of not less than 2 hours, except that
tanks located inside of buildings, ex- steel saddles need not be protected if
cept in one-story buildings designed less than 12 inches high at their lowest
and protected for flammable or com- point. Water spray protection or its
bustible liquid storage, shall be pro- equivalent may be used in lieu of fire-
vided with an automatic-closing heat- resistive materials to protect supports.
actuated valve on each withdrawal con- (iii) Spheres. The design of the sup-
nection below the liquid level, except porting structure for tanks such as
for connections used for emergency dis- spheres shall receive special engineer-
posal, to prevent continued flow in the ing consideration.
event of fire in the vicinity of the tank. (iv) Load distribution. Every tank
This function may be incorporated in shall be so supported as to prevent the
the valve required in (b) of this subdivi- excessive concentration of loads on the
sion, and if a separate valve, shall be supporting portion of the shell.
located adjacent to the valve required (v) Foundations. Tanks shall rest on
in (b) of this subdivision. the ground or on foundations made of
(d) Openings for manual gaging, if concrete, masonry, piling, or steel.
independent of the fill pipe (see (f) of Tank foundations shall be designed to
246
minimize the possibility of uneven set- with liquids is impracticable because of

tling of the tank and to minimize cor- the character of their contents, their
rosion in any part of the tank resting use, or for other reasons, each tank
on the foundation. shall be safeguarded against movement
(vi) Flood areas. Where a tank is lo- when empty and submerged by high
cated in an area that may be subjected ground water or flood waters by an-
to flooding, the applicable precautions choring, weighting with concrete or
outlined in this subdivision shall be ob- other approved solid loading material,
served. or securing by other means. Each such
(a) No aboveground vertical storage tank shall be so constructed and in-
tank containing a flammable or com- stalled that it will safely resist exter-
bustible liquid shall be located so that nal pressures due to high ground water
the allowable liquid level within the or flood waters.
tank is below the established max- (g) At locations where there is an
imum flood stage, unless the tank is ample and dependable water supply
provided with a guiding structure such available, underground tanks con-
as described in (m), (n), and (o) of this taining flammable or combustible liq-
subdivision. uids, so installed that more than 70
(b) Independent water supply facili- percent of their storage capacity will
ties shall be provided at locations be submerged at the maximum flood
where there is no ample and dependable stage, shall be so anchored, weighted,
public water supply available for load- or secured by other means, as to pre-
ing partially empty tanks with water. vent movement of such tanks when
(c) In addition to the preceding refilled with flammable or combustible
quirements, each tank so located that liquids, and submerged by flood waters
more than 70 percent, but less than 100 to the established flood stage.
percent, of its allowable liquid storage (h) Pipe connections below the allow-
capacity will be submerged at the es-
able liquid level in a tank shall be pro-
tablished maximum flood stage, shall
vided with valves or cocks located as
be safeguarded by one of the following
closely as practicable to the tank shell.
methods: Tank shall be raised, or its
Such valves and their connections to
height shall be increased, until its top
tanks shall be of steel or other mate-
extends above the maximum flood
rial suitable for use with the liquid
stage a distance equivalent to 30 per-
being stored. Cast iron shall not be per-
cent or more of its allowable liquid
mitted.
storage capacity: Provided, however,
That the submerged part of the tank (i) At locations where an independent
shall not exceed two and one-half times water supply is required, it shall be en-
the diameter. Or, as an alternative to tirely independent of public power and
the foregoing, adequate noncombus- water supply. Independent source of
tible structural guides, designed to per- water shall be available when flood wa-
mit the tank to float vertically with- ters reach a level not less than 10 feet
out loss of product, shall be provided. below the bottom of the lowest tank on
(d) Each horizontal tank so located a property.
that more than 70 percent of its stor- (j) The self-contained power and
age capacity will be submerged at the pumping unit shall be so located or so
established flood stage, shall be an- designed that pumping into tanks may
chored, attached to a foundation of be carried on continuously throughout
concrete or of steel and concrete, of the rise in flood waters from a level 10
sufficient weight to provide adequate feet below the lowest tank to the level
load for the tank when filled with flam- of the potential flood stage.
mable or combustible liquid and sub- (k) Capacity of the pumping unit
merged by flood waters to the estab- shall be such that the rate of rise of
lished flood stage, or adequately se- water in all tanks shall be equivalent
cured by other means. to the established potential average
(e) [Reserved] rate of rise of flood waters at any
(f) At locations where there is no stage.
ample and dependable water supply, or (l) Each independent pumping unit
where filling of underground tanks shall be tested periodically to insure
247
that it is in satisfactory operating con- quirements, in order to assure the fol-

dition. lowing:
(m) Structural guides for holding (1) That all flammable or combus-
floating tanks above their foundations tible liquid storage tanks are in com-
shall be so designed that there will be pliance with these requirements and so
no resistance to the free rise of a tank, maintained.
and shall be constructed of noncombus- (2) That detailed printed instructions
tible material. of what to do in flood emergencies are
(n) The strength of the structure properly posted.
shall be adequate to resist lateral (3) That station operators and other
movement of a tank subject to a hori- employees depended upon to carry out
zontal force in any direction equivalent such instructions are thoroughly in-
to not less than 25 pounds per square formed as to the location and operation
foot acting on the projected vertical of such valves and other equipment
cross-sectional area of the tank. necessary to effect these requirements.
(o) Where tanks are situated on ex-
(vii) Earthquake areas. In areas sub-
posed points or bends in a shoreline
ject to earthquakes, the tank supports
where swift currents in flood waters
and connections shall be designed to
will be present, the structures shall be
resist damage as a result of such
designed to withstand a unit force of
shocks.
not less than 50 pounds per square foot.
(p) The filling of a tank to be pro- (6) Sources of ignition. In locations
tected by water loading shall be start- where flammable vapors may be
ed as soon as flood waters reach a dan- present, precautions shall be taken to
gerous flood stage. The rate of filling prevent ignition by eliminating or con-
shall be at least equal to the rate of trolling sources of ignition. Sources of
rise of the floodwaters (or the estab- ignition may include open flames,
lished average potential rate of rise). lightning, smoking, cutting and weld-
(q) Sufficient fuel to operate the ing, hot surfaces, frictional heat,
water pumps shall be available at all sparks (static, electrical, and mechan-
times to insure adequate power to fill ical), spontaneous ignition, chemical
all tankage with water. and physical-chemical reactions, and
(r) All valves on connecting pipelines radiant heat.
shall be closed and locked in closed po- (7) Testing—(i) General. All tanks,
sition when water loading has been whether shop built or field erected,
completed. shall be strength tested before they are
(s) Where structural guides are pro- placed in service in accordance with
vided for the protection of floating the applicable paragraphs of the code
tanks, all rigid connections between under which they were built. The
tanks and pipelines shall be discon- American Society of Mechanical Engi-
nected and blanked off or blinded be- neers (ASME) code stamp, American
fore the floodwaters reach the bottom Petroleum Institute (API) monogram,
of the tank, unless control valves and or the label of the Underwriters’ Lab-
their connections to the tank are of a oratories, Inc., on a tank shall be evi-
type designed to prevent breakage be- dence of compliance with this strength
tween the valve and the tank shell. test. Tanks not marked in accordance
(t) All valves attached to tanks other with the above codes shall be strength
than those used in connection with tested before they are placed in service
water loading operations shall be in accordance with good engineering
closed and locked. principles and reference shall be made
(u) If a tank is equipped with a swing to the sections on testing in the codes
line, the swing pipe shall be raised to listed in subparagraphs (1) (iii)(a),
and secured at its highest position. (iv)(b), or (v)(b) of this paragraph.
(v) Inspections. The Assistant Sec- (ii) Strength. When the vertical
retary or his designated representative length of the fill and vent pipes is such
shall make periodic inspections of all that when filled with liquid the static
plants where the storage of flammable head imposed upon the bottom of the
or combustible liquids is such as to re- tank exceeds 10 pounds per square inch,
quire compliance with the foregoing re- the tank and related piping shall be
248
tested hydrostatically to a pressure tubing, flanges, bolting, gaskets,

equal to the static head thus imposed. valves, fittings, the pressure con-
(iii) Tightness. In addition to the taining parts of other components such
strength test called for in subdivisions as expansion joints and strainers, and
(i) and (ii) of this subparagraph, all devices which serve such purposes as
tanks and connections shall be tested mixing, separating, snubbing, distrib-
for tightness. Except for underground uting, metering, or controlling flow.
tanks, this tightness test shall be made (2) Materials for piping, valves, and fit-
at operating pressure with air, inert tings—(i) Required materials. Materials
gas, or water prior to placing the tank for piping, valves, or fittings shall be
in service. In the case of field-erected steel, nodular iron, or malleable iron,
tanks the strength test may be consid- except as provided in paragraph (c)(2)
ered to be the test for tank tightness. (ii), (iii) and (iv) of this section.
Underground tanks and piping, before (ii) Exceptions. Materials other than
being covered, enclosed, or placed in steel, nodular iron, or malleable iron
use, shall be tested for tightness may be used underground, or if re-
hydrostatically, or with air pressure at quired by the properties of the flam-
not less than 3 pounds per square inch mable or combustible liquid handled.
and not more than 5 pounds per square Material other than steel, nodular iron,
inch. or malleable iron shall be designed to
(iv) Repairs. All leaks or deforma- specifications embodying principles
tions shall be corrected in an accept- recognized as good engineering prac-
able manner before the tank is placed tices for the material used.
in service. Mechanical caulking is not (iii) Linings. Piping, valves, and fit-
permitted for correcting leaks in weld- tings may have combustible or non-
ed tanks except pinhole leaks in the combustible linings.
roof. (iv) Low-melting materials. When low-
(v) Derated operations. Tanks to be op- melting point materials such as alu-
erated at pressures below their design minum and brass or materials that
pressure may be tested by the applica- soften on fire exposure such as plastics,
ble provisions of subdivision (i) or (ii) or non-ductile materials such as cast
of this subparagraph, based upon the iron, are necessary, special consider-
pressure developed under full emer- ation shall be given to their behavior
gency venting of the tank. on fire exposure. If such materials are
(c) Piping, valves, and fittings—(1) Gen- used in above ground piping systems or
eral—(i) Design. The design (including inside buildings, they shall be suitably
selection of materials) fabrication, as- protected against fire exposure or so
sembly, test, and inspection of piping located that any spill resulting from
systems containing flammable or com- the failure of these materials could not
bustible liquids shall be suitable for unduly expose persons, important
the expected working pressures and buildings or structures or can be read-
structural stresses. Conformity with ily controlled by remote valves.
the applicable provisions of Pressure (3) Pipe joints. Joints shall be made
Piping, ANSI B31 series and the provi- liquid tight. Welded or screwed joints
sions of this paragraph, shall be consid- or approved connectors shall be used.
ered prima facie evidence of compli- Threaded joints and connections shall
ance with the foregoing provisions. be made up tight with a suitable lubri-
(ii) Exceptions. This paragraph does cant or piping compound. Pipe joints
not apply to any of the following: dependent upon the friction character-
(a) Tubing or casing on any oil or gas istics of combustible materials for me-
wells and any piping connected directly chanical continuity of piping shall not
thereto. be used inside buildings. They may be
(b) Motor vehicle, aircraft, boat, or used outside of buildings above or
portable or stationary engines. below ground. If used above ground, the
(c) Piping within the scope of any ap- piping shall either be secured to pre-
plicable boiler and pressures vessel vent disengagement at the fitting or
code. the piping system shall be so designed
(iii) Definitions. As used in this para- that any spill resulting from such dis-
graph, piping systems consist of pipe, engagement could not unduly expose
249
persons, important buildings or struc- (b) Class I or Class II liquids in the

tures, and could be readily controlled fuel tanks of a motor vehicle, aircraft,
by remote valves. boat, or portable or stationary engine;
(4) Supports. Piping systems shall be (c) Flammable or combustible paints,
substantially supported and protected oils, varnishes, and similar mixtures
against physical damage and excessive used for painting or maintenance when
stresses arising from settlement, vibra- not kept for a period in excess of 30
tion, expansion, or contraction. days;
(5) Protection against corrosion. All (d) Beverages when packaged in indi-
piping for flammable or combustible vidual containers not exceeding 1 gal-
liquids, both aboveground and under- lon in size.
(2) Design, construction, and capacity
ground, where subject to external cor-
of containers—(i) General. Only ap-
rosion, shall be painted or otherwise
proved containers and portable tanks
protected.
shall be used. Metal containers and
(6) Valves. Piping systems shall con- portable tanks meeting the require-
tain a sufficient number of valves to ments of and containing products au-
operate the system properly and to thorized by chapter I, title 49 of the
protect the plant. Piping systems in Code of Federal Regulations (regula-
connection with pumps shall contain a tions issued by the Hazardous Mate-
sufficient number of valves to control rials Regulations Board, Department of
properly the flow of liquid in normal Transportation), shall be deemed to be
operation and in the event of physical acceptable.
damage. Each connection to pipelines, (ii) Emergency venting. Each portable
by which equipments such as tankcars tank shall be provided with one or
or tank vehicles discharge liquids by more devices installed in the top with
means of pumps into storage tanks, sufficient emergency venting capacity
shall be provided with a check valve for to limit internal pressure under fire ex-
automatic protection against backflow posure conditions to 10 p.s.i.g., or 30
if the piping arrangement is such that percent of the bursting pressure of the
backflow from the system is possible. tank, whichever is greater. The total
(7) Testing. All piping before being venting capacity shall be not less than
covered, enclosed, or placed in use that specified in paragraphs (b)(2)(v) (c)
shall be hydrostatically tested to 150 or (e) of this section. At least one pres-
percent of the maximum anticipated sure-activated vent having a minimum
pressure of the system, or pneumati- capacity of 6,000 cubic feet of free air
cally tested to 110 percent of the max- (14.7 p.s.i.a. and 60 °F.) shall be used. It
imum anticipated pressure of the sys- shall be set to open at not less than 5
tem, but not less than 5 pounds per p.s.i.g. If fusible vents are used, they
square inch gage at the highest point shall be actuated by elements that op-
of the system. This test shall be main- erate at a temperature not exceeding
300 °F.
tained for a sufficient time to complete
(iii) Size. Flammable and combustible
visual inspection of all joints and con-
liquid containers shall be in accord-
nections, but for at least 10 minutes.
ance with Table H–12, except that glass
(d) Container and portable tank stor- or plastic containers of no more than 1-
age—(1) Scope—(i) General. This para- gallon capacity may be used for a Class
graph shall apply only to the storage of IA or IB flammable liquid if:
flammable or combustible liquids in (a)(1) Such liquid either would be
drums or other containers (including rendered unfit for its intended use by
flammable aerosols) not exceeding 60 contact with metal or would exces-
gallons individual capacity and those sively corrode a metal container so as
portable tanks not exceeding 660 gal- to create a leakage hazard; and
lons individual capacity. (2) The user’s process either would re-
(ii) Exceptions. This paragraph shall quire more than 1 pint of a Class IA liq-
not apply to the following: uid or more than 1 quart of a Class IB
(a) Storage of containers in bulk liquid of a single assay lot to be used at
plants, service stations, refineries, one time, or would require the mainte-
chemical plants, and distilleries; nance of an analytical standard liquid
250
of a quality which is not met by the allowed under Table H–12 for the class
specified standards of liquids available, of liquid; or
and the quantity of the analytical (b) The containers are intended for
standard liquid required to be used in direct export outside the United
any one control process exceeds one- States.
sixteenth the capacity of the container
TABLE H–12—MAXIMUM ALLOWABLE SIZE OF CONTAINERS AND PORTABLE TANKS
Flammable liquids Combustible liquids
Container type
Class IA Class IB Class IC Class II Class III
Glass or approved plastic ....................................................... 1 pt 1 qt 1 gal 1 gal 1 gal.

Metal (other than DOT drums) ................................................ 1 gal 5 gal 5 gal 5 gal 5 gal.
Safety cans ............................................................................. 2 gal 5 gal 5 gal 5 gal 5 gal.
Metal drums (DOT specifications) .......................................... 60 gal 60 gal 60 gal 60 gal 60 gal.
Approved portable tanks ......................................................... 660 gal 660 gal 660 gal 660 gal 660 gal.
NOTE: Container exemptions: (a) Medicines, beverages, foodstuffs, cosmetics, and other common consumer items, when pack-
aged according to commonly accepted practices, shall be exempt from the requirements of § 1910.106(d)(2) (i) and (ii).
(3) Design, construction, and capacity All joints shall be rabbetted and shall
of storage cabinets—(i) Maximum capac- be fastened in two directions with flat-
ity. Not more than 60 gallons of Class I head woodscrews. When more than one
or Class II liquids, nor more than 120 door is used, there shall be a rabbetted
gallons of Class III liquids may be overlap of not less than 1 inch. Hinges
stored in a storage cabinet. shall be mounted in such a manner as
(ii) Fire resistance. Storage cabinets not to lose their holding capacity due
shall be designed and constructed to to loosening or burning out of the
limit the internal temperature to not screws when subjected to the fire test.
more than 325 °F. when subjected to a (4) Design and construction of inside
10-minute fire test using the standard storage rooms—(i) Construction. Inside
time-temperature curve as set forth in storage rooms shall be constructed to
Standard Methods of Fire Tests of meet the required fire-resistive rating
Building Construction and Materials, for their use. Such construction shall
NFPA 251–1969, which is incorporated comply with the test specifications set
by reference as specified in § 1910.6. All forth in Standard Methods of Fire
joints and seams shall remain tight Tests of Building Construction and Ma-
and the door shall remain securely terials, NFPA 251–1969. Where an auto-
closed during the fire test. Cabinets matic sprinkler system is provided, the
shall be labeled in conspicuous let- system shall be designed and installed
tering, ‘‘Flammable—Keep Fire Away.’’ in an acceptable manner. Openings to
(a) Metal cabinets constructed in the other rooms or buildings shall be pro-
following manner shall be deemed to be vided with noncombustible liquid-tight
in compliance. The bottom, top, door, raised sills or ramps at least 4 inches in
and sides of cabinet shall be at least height, or the floor in the storage area
No. 18 gage sheet iron and double shall be at least 4 inches below the sur-
walled with 11⁄2-inch air space. Joints rounding floor. Openings shall be pro-
shall be riveted, welded or made tight vided with approved self-closing fire
by some equally effective means. The doors. The room shall be liquid-tight
door shall be provided with a three- where the walls join the floor. A per-
point lock, and the door sill shall be missible alternate to the sill or ramp is
raised at least 2 inches above the bot- an open-grated trench inside of the
tom of the cabinet. room which drains to a safe location.
(b) Wooden cabinets constructed in Where other portions of the building or
the following manner shall be deemed other properties are exposed, windows
in compliance. The bottom, sides, and shall be protected as set forth in the
top shall be constructed of an approved Standard for Fire Doors and Windows,
grade of plywood at least 1 inch in NFPA No. 80–1968, which is incor-
thickness, which shall not break down porated by reference as specified in
or delaminate under fire conditions. § 1910.6, for Class E or F openings. Wood
251
at least 1 inch nominal thickness may rior of the building in which the room
be used for shelving, racks, dunnage, is located.
scuffboards, floor overlay, and similar (v) Storage in inside storage rooms. In
installations. every inside storage room there shall
(ii) Rating and capacity. Storage in in- be maintained one clear aisle at least 3
side storage rooms shall comply with feet wide. Containers over 30 gallons
Table H–13. capacity shall not be stacked one upon
the other. Dispensing shall be by ap-
TABLE H–13—STORAGE IN INSIDE ROOMS proved pump or self-closing faucet
only.
Total al-
lowable (5) Storage inside building—(i) Egress.
Fire protec- quan- Flammable or combustible liquids, in-
Fire resist- tities
tion 1 pro- ance Maximum size (gals./ cluding stock for sale, shall not be
vided sq. ft./ stored so as to limit use of exits, stair-
floor
area) ways, or areas normally used for the
safe egress of people.
Yes ........... 2 hours .... 500 sq. ft ...................... 10 (ii) Containers. The storage of flam-
No ............ 2 hours .... 500 sq. ft ...................... 5 mable or combustible liquids in con-
Yes ........... 1 hour ...... 150 sq. ft ...................... 4
No ............ 1 hour ...... 150 sq. ft ...................... 2
tainers or portable tanks shall comply
with subdivisions (iii) through (v) of
1 Fire protection system shall be sprinkler, water spray, car-
bon dioxide, or other system.
this subparagraph.
(iii) Office occupancies. Storage shall
(iii) Wiring. Electrical wiring and be prohibited except that which is re-
equipment located in inside storage quired for maintenance and operation
rooms used for Class I liquids shall be of building and operation of equipment.
approved under Subpart S of this part Such storage shall be kept in closed
for Class I, Division 2 Hazardous Loca- metal containers stored in a storage
tions; for Class II and Class III liquids, cabinet or in safety cans or in an inside
shall be approved for general use. storage room not having a door that
(iv) Ventilation. Every inside storage opens into that portion of the building
room shall be provided with either a used by the public.
gravity or a mechanical exhaust ven- (iv) Mercantile occupancies and other
tilation system. Such system shall be retail stores.
designed to provide for a complete (a)–(d) [Reserved]
change of air within the room at least (e) Leaking containers shall be re-
six times per hour. If a mechanical ex- moved to a storage room or taken to a
haust system is used, it shall be con- safe location outside the building and
trolled by a switch located outside of the contents transferred to an
the door. The ventilating equipment undamaged container.
and any lighting fixtures shall be oper- (v) General purpose public warehouses.
ated by the same switch. A pilot light Storage shall be in accordance with
shall be installed adjacent to the Table H–14 or H–15 and in buildings or
switch if Class I flammable liquids are in portions of such buildings cut off by
dispensed within the room. Where grav- standard firewalls. Material creating
ity ventilation is provided, the fresh no fire exposure hazard to the flam-
air intake, as well as the exhaust out- mable or combustible liquids may be
let from the room, shall be on the exte- stored in the same area.
TABLE H–14—INDOOR CONTAINER STORAGE
Gallons
Class liquid Storage level Protected Unprotected

storage max- storage max-
imum per pile imum per pile
A ................................................... Ground and upper floors ........................................................ 2,750 660
Basement ................................................................................ Not permitted Not permitted

B ................................................... Ground and upper floors ........................................................ 5,500 1,375

C ................................................... Ground and upper floors ........................................................ 16,500 4,125
252
TABLE H–14—INDOOR CONTAINER STORAGE—Continued

Gallons


II ................................................... Ground and upper floors ........................................................ 16,500 4,125
Basement ................................................................................ 5,500 Not permitted
III .................................................. Ground and upper floors ........................................................ 55,000 13,750
NOTE 1: When 2 or more classes of materials are stored in a single pile, the maximum gallonage permitted in that pile shall be
the smallest of the 2 or more separate maximum gallonages.
NOTE 2: Aisles shall be provided so that no container is more than 12 ft. from an aisle. Main aisles shall be at least 3 ft. wide
and side aisles at least 4 ft. wide.
NOTE 3: Each pile shall be separated from each other by at least 4 ft.
(Numbers in parentheses indicate corresponding number of 55-gal. drums.)
TABLE H–15—INDOOR PORTABLE TANK STORAGE

Gallons

IA .................................................. Ground and upper floors ........................................................ Not permitted Not permitted
IB .................................................. Ground and upper floors ........................................................ 20,000 2,000
IC .................................................. Ground and upper floors ........................................................ 40,000 5,500
II ................................................... Ground and upper floors ........................................................ 40,000 5,500
III .................................................. Ground and upper floors ........................................................ 60,000 22,000
NOTE 1: When 1 or more classes of materials are stored in a single pile, the maximum gallonage permitted in that pile shall be
the smallest of the 2 or more separate maximum gallonages.
NOTE 2: Aisles shall be provided so that no portable tank is more than 12 ft. from an aisle. Main aisles shall be at least 8 ft.
wide and side aisles at least 4 ft. wide.
NOTE 3: Each pile shall be separated from each other by at least 4 ft.
(vi) Flammable and combustible liquid curely, without dunnage, and adequate
warehouses or storage buildings. (a) If materials handing equipment shall be
the storage building is located 50 feet available to handle tanks safely at the
or less from a building or line of ad- upper tier level.
joining property that may be built (e) No pile shall be closer than 3 feet
upon, the exposing wall shall be a to the nearest beam, chord, girder, or
blank wall having a fire-resistance rat- other obstruction, and shall be 3 feet
ing of at least 2 hours. below sprinkler deflectors or discharge
(b) The total quantity of liquids with- orifices of water spray, or other over-
in a building shall not be restricted, head fire protection systems.
but the arrangement of storage shall (f) Aisles of at least 3 feet wide shall
comply with Table H–14 or H–15. be provided where necessary for rea-
(c) Containers in piles shall be sepa- sons of access to doors, windows or
rated by pallets or dunnage where nec- standpipe connections.
essary to provide stability and to pre- (6) Storage outside buildings—(i) Gen-
vent excessive stress on container eral. Storage outside buildings shall be
walls. in accordance with Table H–16 or H–17,
(d) Portable tanks stored over one and subdivisions (ii) and (iv) of this
tier high shall be designed to nest se- subparagraph.
253
TABLE H–16—OUTDOOR CONTAINER STORAGE

4—Distance 5—Distance
2—Max- 3—Distance to property to street,
1—Class imum per between line that can alley, public
pile piles be built way
upon
gallons feet feet feet
IA ........................................................................................................... 1,100 5 20 10
IB ........................................................................................................... 2,200 5 20 10
IC ........................................................................................................... 4,400 5 20 10
II ............................................................................................................ 8,800 5 10 5
III ........................................................................................................... 22,000 5 10 5
NOTE 1: When 2 or more classes of materials are stored in a single pile, the maximum gallonage in that pile shall be the
smallest of the 2 or more separate gallonages.
NOTE 2: Within 200 ft. of each container, there shall be a 12-ft. wide access way to permit approach of fire control apparatus.
NOTE 3: The distances listed apply to properties that have protection for exposures as defined. If there are exposures, and
such protection for exposures does not exist, the distances in column 4 shall be doubled.
NOTE 4: When total quantity stored does not exceed 50 percent of maximum per pile, the distances in columns 4 and 5 may
be reduced 50 percent, but not less than 3 ft.
(ii) Maximum storage. A maximum of rounded by a curb at least 6 inches

1,100 gallons of flammable or combus- high. When curbs are used, provisions
tible liquids may be located adjacent shall be made for draining of accumu-
to buildings located on the same prem- lations of ground or rain water or spills
ises and under the same management of flammable or combustible liquids.
provided the provisions of subdivisions Drains shall terminate at a safe loca-
(a) and (b) of this subdivision are com- tion and shall be accessible to oper-
plied with. ation under fire conditions.
(a) [Reserved] (iv) Security. The storage area shall
(b) Where quantity stored exceeds be protected against tampering or tres-
1,100 gallons, or provisions of subdivi- passers where necessary and shall be
sion (a) of this subdivision cannot be kept free of weeds, debris and other
met, a minimum distance of 10 feet be- combustible material not necessary to
tween buildings and nearest container the storage.
of flammable or combustible liquid (7) Fire control—(i) Extinguishers.
shall be maintained. Suitable fire control devices, such as
(iii) Spill containment. The storage small hose or portable fire extin-
area shall be graded in a manner to di- guishers, shall be available at locations
vert possible spills away from buildings where flammable or combustible liq-
or other exposures or shall be sur- uids are stored.
TABLE H–17—OUTDOOR PORTABLE TANK STORAGE
4—Distance 5—Distance
2—Max- 3—Distance to property to street,
1—Class imum per between line that can alley, public
pile piles be built way
upon
gallon feet feet feet
IA ........................................................................................................... 2,200 5 20 10
IB ........................................................................................................... 4,400 5 20 10
IC ........................................................................................................... 8,800 5 20 10
II ............................................................................................................ 17,600 5 10 5
III ........................................................................................................... 44,000 5 10 5
NOTE 1: When 2 or more classes of materials are stored in a single pile, the maximum gallonage in that pile shall be the
smallest of the 2 or more separate gallonages.
NOTE 2: Within 200 ft. of each portable tank, there shall be a 12-ft. wide access way to permit approach of fire control appa-
ratus.
NOTE 3: The distances listed apply to properties that have protection for exposures as defined. If there are exposures, and
such protection for exposures does not exist, the distances in column 4 shall be doubled.
NOTE 4: When total quantity stored does not exceed 50 percent of maximum per pile, the distances in columns 4 and 5 may
be reduced 50 percent, but not less than 3 ft.
254
(a) At least one portable fire extin- (ii) Containers. Flammable or com-
guisher having a rating of not less than bustible liquids shall be stored in tanks
12–B units shall be located outside of, or closed containers.
but not more than 10 feet from, the (a) Except as provided in subdivisions
door opening into any room used for (b) and (c) of this subdivision, all stor-
storage. age shall comply with paragraph (d) (3)
(b) At least one portable fire extin- or (4) of this section.
guisher having a rating of not less than (b) The quantity of liquid that may
12–B units must be located not less be located outside of an inside storage
than 10 feet, nor more than 25 feet, room or storage cabinet in a building
from any Class I or Class II liquid stor- or in any one fire area of a building
age area located outside of a storage shall not exceed:
(1) 25 gallons of Class IA liquids in
room but inside a building.
containers
(ii) Sprinklers. When sprinklers are
(2) 120 gallons of Class IB, IC, II, or
provided, they shall be installed in ac- III liquids in containers
cordance with § 1910.159. (3) 660 gallons of Class IB, IC, II, or
(iii) Open flames and smoking. Open III liquids in a single portable tank.
flames and smoking shall not be per- (c) Where large quantities of flam-
mitted in flammable or combustible mable or combustible liquids are nec-
liquid storage areas. essary, storage may be in tanks which
(iv) Water reactive materials. Materials shall comply with the applicable re-
which will react with water shall not quirements of paragraph (b) of this sec-
be stored in the same room with flam- tion.
mable or combustible liquids. (iii) Separation and protection. Areas
(e) Industrial plants—(1) Scope—(i) Ap- in which flammable or combustible liq-
plication. This paragraph shall apply to uids are transferred from one tank or
those industrial plants where: container to another container shall be
(a) The use of flammable or combus- separated from other operations in the
tible liquids is incidental to the prin- building by adequate distance or by
cipal business, or construction having adequate fire re-
(b) Where flammable or combustible sistance. Drainage or other means shall
liquids are handled or used only in unit be provided to control spills. Adequate
physical operations such as mixing, natural or mechanical ventilation shall
drying, evaporating, filtering, distilla- be provided.
tion, and similar operations which do (iv) Handling liquids at point of final
not involve chemical reaction. This use. (a) Flammable liquids shall be
paragraph shall not apply to chemical kept in covered containers when not
actually in use.
plants, refineries or distilleries.
(b) Where flammable or combustible
(ii) Exceptions. Where portions of such
liquids are used or handled, except in
plants involve chemical reactions such closed containers, means shall be pro-
as oxidation, reduction, halogenation, vided to dispose promptly and safely of
hydrogenation, alkylation, polymeriza- leakage or spills.
tion, and other chemical processes, (c) Class I liquids may be used only
those portions of the plant shall be in where there are no open flames or
accordance with paragraph (h) of this other sources of ignition within the
section. possible path of vapor travel.
(2) Incidental storage or use of flam- (d) Flammable or combustible liquids
mable and combustible liquids—(i) Appli- shall be drawn from or transferred into
cation. This subparagraph shall be ap- vessels, containers, or portable tanks
plicable to those portions of an indus- within a building only through a closed
trial plant where the use and handling piping system, from safety cans, by
of flammable or combustible liquids is means of a device drawing through the
only incidental to the principal busi- top, or from a container or portable
ness, such as automobile assembly, tanks by gravity through an approved
construction of electronic equipment, self-closing valve. Transferring by
furniture manufacturing, or other means of air pressure on the container
similar activities. or portable tanks shall be prohibited.
255
(3) Unit physical operations—(i) Appli- (b) Equipment used in a building and
cation. This subparagraph shall be ap- the ventilation of the building shall be
plicable in those portions of industrial designed so as to limit flammable
plants where flammable or combustible vapor-air mixtures under normal oper-
liquids are handled or used in unit ating conditions to the interior of
physical operations such as mixing, equipment, and to not more than 5 feet
drying, evaporating, filtering, distilla- from equipment which exposes Class I
tion, and similar operations which do liquids to the air. Examples of such
not involve chemical change. Examples equipment are dispensing stations,
are plants compounding cosmetics, open centrifuges, plate and frame fil-
pharmaceuticals, solvents, cleaning ters, open vacuum filters, and surfaces
fluids, insecticides, and similar types of open equipment.
of activities. (vi) Storage and handling. The stor-
(ii) Location. Industrial plants shall age, transfer, and handling of liquid
be located so that each building or unit shall comply with paragraph (h)(4) of
of equipment is accessible from at least this section.
one side for firefighting and fire con- (4) Tank vehicle and tank car loading
trol purposes. Buildings shall be lo- and unloading. (i) Tank vehicle and
cated with respect to lines of adjoining tank car loading or unloading facilities
property which may be built upon as shall be separated from aboveground
set forth in paragraph (h)(2) (i) and (ii) tanks, warehouses, other plant build-
of this section except that the blank ings or nearest line of adjoining prop-
wall referred to in paragraph (h)(2)(ii) erty which may be built upon by a dis-
of this section shall have a fire resist- tance of 25 feet for Class I liquids and
ance rating of at least 2 hours. 15 feet for Class II and Class III liquids
measured from the nearest position of
(iii) Chemical processes. Areas where
any fill stem. Buildings for pumps or
unstable liquids are handled or small
shelters for personnel may be a part of
scale unit chemical processes are car-
the facility. Operations of the facility
ried on shall be separated from the re-
shall comply with the appropriate por-
mainder of the plant by a fire wall of 2-
tions of paragraph (f)(3) of this section.
hour minimum fire resistance rating.
(ii) [Reserved]
(iv) Drainage. (a) Emergency drainage (5) Fire control—(i) Portable and special
systems shall be provided to direct equipment. Portable fire extinguish-
flammable or combustible liquid leak- ment and control equipment shall be
age and fire protection water to a safe provided in such quantities and types
location. This may require curbs, scup- as are needed for the special hazards of
pers, or special drainage systems to operation and storage.
control the spread of fire; see para- (ii) Water supply. Water shall be
graph (b)(2)(vii)(b) of this section. available in volume and at adequate
(b) Emergency drainage systems, if pressure to supply water hose streams,
connected to public sewers or dis- foam-producing equipment, automatic
charged into public waterways, shall be sprinklers, or water spray systems as
equipped with traps or separator. the need is indicated by the special
(v) Ventilation. (a) Areas as defined in hazards of operation, dispensing and
subdivision (i) of this subparagraph storage.
using Class I liquids shall be ventilated (iii) Special extinguishers. Special ex-
at a rate of not less than 1 cubic foot tinguishing equipment such as that
per minute per square foot of solid utilizing foam, inert gas, or dry chem-
floor area. This shall be accomplished ical shall be provided as the need is in-
by natural or mechanical ventilation dicated by the special hazards of oper-
with discharge or exhaust to a safe lo- ation dispensing and storage.
cation outside of the building. Provi- (iv) Special hazards. Where the need is
sion shall be made for introduction of indicated by special hazards of oper-
makeup air in such a manner as not to ation, flammable or combustible liquid
short circuit the ventilation. Ventila- processing equipment, major piping,
tion shall be arranged to include all and supporting steel shall be protected
floor areas or pits where flammable va- by approved water spray systems, del-
pors may collect. uge systems, approved fire-resistant
256
coatings, insulation, or any combina- Division 1 area, and up to 3 feet above

tion of these. floor or grade level within 25 feet, if in-
(v) Maintenance. All plant fire protec- doors, or 10 feet if outdoors, from any
tion facilities shall be adequately pump, bleeder, withdrawal fitting,
maintained and periodically inspected meter, or similar device handling Class
and tested to make sure they are al- I liquids. Pits provided with adequate
ways in satisfactory operating condi- mechanical ventilation within a Divi-
tion, and they will serve their purpose sion 1 or 2 area shall be classified Divi-
in time of emergency. sion 2. If Class II or Class III liquids
(6) Sources of ignition—(i) General. only are handled, then ordinary elec-
Adequate precautions shall be taken to trical equipment is satisfactory though
prevent the ignition of flammable va- care shall be used in locating electrical
pors. Sources of ignition include but apparatus to prevent hot metal from
are not limited to open flames; light- falling into open equipment.
ning; smoking; cutting and welding; (d) Where the provisions of subdivi-
hot surfaces; frictional heat; static, sions (a), (b), and (c), of this subdivision
electrical, and mechanical sparks; require the installation of electrical
spontaneous ignition, including heat- equipment suitable for Class I, Division
producing chemical reactions; and ra- 1 or Division 2 locations, ordinary elec-
diant heat. trical equipment including switchgear
(ii) Grounding. Class I liquids shall may be used if installed in a room or
not be dispensed into containers unless enclosure which is maintained under
the nozzle and container are elec- positive pressure with respect to the
trically interconnected. Where the me- hazardous area. Ventilation makeup
tallic floorplate on which the container air shall be uncontaminated by flam-
stands while filling is electrically con- mable vapors.
nected to the fill stem or where the fill (8) Repairs to equipment. Hot work,
stem is bonded to the container during such as welding or cutting operations,
filling operations by means of a bond use of spark-producing power tools, and
wire, the provisions of this section chipping operations shall be permitted
shall be deemed to have been complied only under supervision of an individual
with. in responsible charge. The individual in
(7) Electrical—(i) Equipment. (a) All responsible charge shall make an in-
electrical wiring and equipment shall spection of the area to be sure that it
be installed according to the require- is safe for the work to be done and that
ments of Subpart S of this part. safe procedures will be followed for the
(b) Locations where flammable work specified.
vapor-air mixtures may exist under (9) Housekeeping—(i) General. Mainte-
normal operations shall be classified nance and operating practices shall be
Class I, Division 1 according to the rein accordance with established proce-
quirements of Subpart S of this part. dures which will tend to control leak-
For those pieces of equipment installed age and prevent the accidental escape
in accordance with subparagraph of flammable or combustible liquids.
(3)(v)(b) of this paragraph, the Division Spills shall be cleaned up promptly.
1 area shall extend 5 feet in all direc- (ii) Access. Adequate aisles shall be
tions from all points of vapor libera- maintained for unobstructed move-
tion. All areas within pits shall be clas- ment of personnel and so that fire pro-
sified Division 1 if any part of the pit is tection equipment can be brought to
within a Division 1 or 2 classified area, bear on any part of flammable or com-
unless the pit is provided with mechan- bustible liquid storage, use, or any unit
ical ventilation. physical operation.
(c) Locations where flammable vapor- (iii) Waste and residue. Combustible
air mixtures may exist under abnormal waste material and residues in a build-
conditions and for a distance beyond ing or unit operating area shall be kept
Division 1 locations shall be classified to a minimum, stored in covered metal
Division 2 according to the require- receptacles and disposed of daily.
ments of Subpart S of this part. These (iv) Clear zone. Ground area around
locations include an area within 20 feet buildings and unit operating areas
horizontally, 3 feet vertically beyond a shall be kept free of weeds, trash, or
257
other unnecessary combustible mate- vapors in hazardous concentrations.

rials. Where mechanical ventilation is re-
(f) Bulk plants—(1) Storage—(i) Class I quired, it shall be kept in operation
liquids. Class I liquids shall be stored in while flammable liquids are being han-
closed containers, or in storage tanks dled.
above ground outside of buildings, or (3) Loading and unloading facilities—(i)
underground in accordance with para- Separation. Tank vehicle and tank car
graph (b) of this section. loading or unloading facilities shall be
(ii) Class II and III liquids. Class II separated from aboveground tanks,
and Class III liquids shall be stored in warehouses, other plant buildings or
containers, or in tanks within build- nearest line of adjoining property that
ings or above ground outside of build- may be built upon by a distance of 25
ings, or underground in accordance feet for Class I liquids and 15 feet for
with paragraph (b) of this section. Class II and Class III liquids measured
(iii) Piling containers. Containers of from the nearest position of any fill
flammable or combustible liquids when spout. Buildings for pumps or shelters
piled one upon the other shall be sepa- for personnel may be a part of the fa-
rated by dunnage sufficient to provide cility.
stability and to prevent excessive (ii) Class restriction. Equipment such
stress on container walls. The height of as piping, pumps, and meters used for
the pile shall be consistent with the the transfer of Class I liquids between
stability and strength of containers. storage tanks and the fill stem of the
(2) Buildings—(i) Exits. Rooms in loading rack shall not be used for the
which flammable or combustible liq- transfer of Class II or Class III liquids.
uids are stored or handled by pumps (iii) Valves. Valves used for the final
shall have exit facilities arranged to control for filling tank vehicles shall
prevent occupants from being trapped be of the self-closing type and manu-
in the event of fire. ally held open except where automatic
(ii) Heating. Rooms in which Class I means are provided for shutting off the
liquids are stored or handled shall be flow when the vehicle is full or after
heated only by means not constituting filling of a preset amount.
a source of ignition, such as steam or (iv) Static protection. (a) Bonding fa-
hot water. Rooms containing heating cilities for protection against static
appliances involving sources of igni- sparks during the loading of tank vehi-
tion shall be located and arranged to cles through open domes shall be pro-
prevent entry of flammable vapors. vided:
(iii) Ventilation. (a) Ventilation shall (1) Where Class I liquids are loaded,
be provided for all rooms, buildings, or or
enclosures in which Class I liquids are (2) Where Class II or Class III liquids
pumped or dispensed. Design of ventila- are loaded into vehicles which may
tion systems shall take into account contain vapors from previous cargoes
the relatively high specific gravity of of Class I liquids.
the vapors. Ventilation may be pro- (b) Protection as required in (a) of
vided by adequate openings in outside this subdivision (iv) shall consist of a
walls at floor level unobstructed except metallic bond wire permanently elec-
by louvers or coarse screens. Where trically connected to the fill stem or to
natural ventilation is inadequate, me- some part of the rack structure in elec-
chanical ventilation shall be provided. trical contact with the fill stem. The
(b) Class I liquids shall not be stored free end of such wire shall be provided
or handled within a building having a with a clamp or equivalent device for
basement or pit into which flammable convenient attachment to some metal-
vapors may travel, unless such area is lic part in electrical contact with the
provided with ventilation designed to cargo tank of the tank vehicle.
prevent the accumulation of flammable (c) Such bonding connection shall be
vapors therein. made fast to the vehicle or tank before
(c) Containers of Class I liquids shall dome covers are raised and shall re-
not be drawn from or filled within main in place until filling is completed
buildings unless provision is made to and all dome covers have been closed
prevent the accumulation of flammable and secured.
258
(d) Bonding as specified in (a), (b), in conjunction with a bulk plant, the
and (c) of this subdivision is not re- primary function of which is the trans-
quired: fer of flammable or combustible liquid
(1) Where vehicles are loaded exclu- cargo in bulk between the bulk plant
sively with products not having a stat- and any tank vessel, ship, barge, light-
ic accumulating tendency, such as as- er boat, or other mobile floating craft;
phalt, most crude oils, residual oils, and this subparagraph shall apply to
and water soluble liquids; all such installations except Marine
(2) Where no Class I liquids are han- Service Stations as covered in para-
dled at the loading facility and the graph (g) of this section.
tank vehicles loaded are used exclu- (ii)–(iii) [Reserved]
sively for Class II and Class III liquids; (iv) Design and construction. Sub-
and structure and deck shall be substan-
(3) Where vehicles are loaded or un- tially designed for the use intended.
loaded through closed bottom or top Deck may employ any material which
connections. will afford the desired combination of
(e) Filling through open domes into flexibility, resistance to shock, dura-
the tanks of tank vehicles or tank cars, bility, strength, and fire resistance.
that contain vapor-air mixtures within Heavy timber construction is accept-
the flammable range or where the liq- able.
uid being filled can form such a mix- (v) [Reserved]
ture, shall be by means of a downspout (vi) Pumps. Loading pumps capable of
which extends near the bottom of the building up pressures in excess of the
tank. This precaution is not required safe working pressure of cargo hose or
when loading liquids which are non- loading arms shall be provided with by-
accumulators of static charges. passes, relief valves, or other arrange-
(v) Stray currents. Tank car loading ment to protect the loading facilities
facilities where Class I liquids are load- against excessive pressure. Relief de-
ed through open domes shall be pro- vices shall be tested at not more than
tected against stray currents by bond- yearly intervals to determine that they
ing the pipe to at least one rail and to function satisfactorily at the pressure
the rack structure if of metal. Multiple at which they are set.
lines entering the rack area shall be (vii) Hoses and couplings. All pressure
electrically bonded together. In addi- hoses and couplings shall be inspected
tion, in areas where excessive stray at intervals appropriate to the service.
currents are known to exist, all pipe The hose and couplings shall be tested
entering the rack area shall be pro- with the hose extended and using the
vided with insulating sections to elec- ‘‘inservice maximum operating pres-
trically isolate the rack piping from sures.’’ Any hose showing material de-
the pipelines. No bonding between the teriorations, signs of leakage, or weak-
tank car and the rack or piping is re- ness in its carcass or at the couplings
quired during either loading or unload- shall be withdrawn from service and re-
ing of Class II or III liquids. paired or discarded.
(vi) Container filling facilities. Class I (viii) Piping and fittings. Piping,
liquids shall not be dispensed into con- valves, and fittings shall be in accord-
tainers unless the nozzle and container ance with paragraph (c) of this section,
are electrically interconnected. Where with the following exceptions and addi-
the metallic floorplate on which the tions:
container stands while filling is elec- (a) Flexibility of piping shall be as-
trically connected to the fill stem or sured by appropriate layout and ar-
where the fill stem is bonded to the rangement of piping supports so that
container during filling operations by motion of the wharf structure resulting
means of a bond wire, the provisions of from wave action, currents, tides, or
this section shall be deemed to have the mooring of vessels will not subject
been complied with. the pipe to repeated strain beyond the
(4) Wharves—(i) Definition, application. elastic limit.
The term wharf shall mean any wharf, (b) Pipe joints depending upon the
pier, bulkhead, or other structure over friction characteristics of combustible
or contiguous to navigable water used materials or grooving of pipe ends for
259
mechanical continuity of piping shall nections are made and broken can be
not be used. reached by at least one hose stream.
(c) Swivel joints may be used in pip- (b) Material shall not be placed on
ing to which hoses are connected, and wharves in such a manner as to ob-
for articulated swivel-joint transfer struct access to firefighting equipment,
systems, provided that the design is or important pipeline control valves.
such that the mechanical strength of (c) Where the wharf is accessible to
the joint will not be impaired if the vehicle traffic, an unobstructed road-
packing material should fail, as by ex- way to the shore end of the wharf shall
posure to fire. be maintained for access of firefighting
(d) Piping systems shall contain a apparatus.
sufficient number of valves to operate (x) Operations control. Loading or dis-
the system properly and to control the charging shall not commence until the
flow of liquid in normal operation and wharf superintendent and officer in
in the event of physical damage. charge of the tank vessel agree that
(e) In addition to the requirements of the tank vessel is properly moored and
subdivision (d) of this subdivision, each all connections are properly made. Me-
line conveying flammable liquids lead- chanical work shall not be performed
ing to a wharf shall be provided with a on the wharf during cargo transfer, ex-
readily accessible block valve located cept under special authorization based
on shore near the approach to the
on a review of the area involved, meth-
wharf and outside of any diked area.
ods to be employed, and precautions
Where more than one line is involved,
necessary.
the valves shall be grouped in one loca-
tion. (5) Electrical equipment—(i) Applica-
(f) Means of easy access shall be pro- tion. This subparagraph shall apply to
vided for cargo line valves located areas where Class I liquids are stored
below the wharf deck. or handled. For areas where Class II or
(g) Pipelines on flammable or com- Class III liquids only are stored or han-
bustible liquids wharves shall be ade- dled, the electrical equipment may be
quately bonded and grounded. If exces- installed in accordance with the provi-
sive stray currents are encountered, in- sions of Subpart S of this part, for ordi-
sulating joints shall be installed. Bond- nary locations.
ing and grounding connections on all (ii) Conformance. All electrical equip-
pipelines shall be located on wharfside ment and wiring shall be of a type
of hose-riser insulating flanges, if used, specified by and shall be installed in
and shall be accessible for inspection. accordance with Subpart S of this part.
(h) Hose or articulated swivel-joint (iii) Classification. So far as it applies
pipe connections used for cargo trans- Table H–18 shall be used to delineate
fer shall be capable of accommodating and classify hazardous areas for the
the combined effects of change in draft purpose of installation of electrical
and maximum tidal range, and mooring equipment under normal cir-
lines shall be kept adjusted to prevent cumstances. In Table H–18 a classified
the surge of the vessel from placing area shall not extend beyond an
stress on the cargo transfer system. unpierced wall, roof, or other solid par-
(i) Hose shall be supported so as to tition. The area classifications listed
avoid kinking and damage from chaf- shall be based on the premise that the
ing. installation meets the applicable re-
(ix) Fire protection. Suitable portable quirements of this section in all re-
fire extinguishers with a rating of not spects.
less than 12–BC shall be located within (6) Sources of ignition. Class I liquids
75 feet of those portions of the facility shall not be handled, drawn, or dis-
where fires are likely to occur, such as pensed where flammable vapors may
hose connections, pumps, and separator reach a source of ignition. Smoking
tanks. shall be prohibited except in des-
(a) Where piped water is available, ignated localities. ‘‘No Smoking’’ signs
ready-connected fire hose in size appro- shall be conspicuously posted where
priate for the water supply shall be hazard from flammable liquid vapors is
provided so that manifolds where con- normally present.
260
(7) Drainage and waste disposal. Provi- (b) Aboveground tanks, located in an
sion shall be made to prevent flam- adjoining bulk plant, may be connected
mable or combustible liquids which by piping to service station under-
may be spilled at loading or unloading ground tanks if, in addition to valves
points from entering public sewers and at aboveground tanks, a valve is also
drainage systems, or natural water- installed within control of service sta-
ways. Connection to such sewers, tion personnel.
drains, or waterways by which flam- (c) Apparatus dispensing Class I liq-
mable or combustible liquids might uids into the fuel tanks of motor vehi-
enter shall be provided with separator cles of the public shall not be located
boxes or other approved means where- at a bulk plant unless separated by a
by such entry is precluded. Crankcase fence or similar barrier from the area
drainings and flammable or combus- in which bulk operations are con-
tible liquids shall not be dumped into ducted.
sewers, but shall be stored in tanks or (d) [Reserved]
tight drums outside of any building (e) The provisions of paragraph
until removed from the premises. (g)(1)(i)(a) of this section shall not pro-
(8) Fire control. Suitable fire-control hibit the dispensing of flammable liq-
devices, such as small hose or portable uids in the open from a tank vehicle to
fire extinguishers, shall be available to a motor vehicle. Such dispensing shall
locations where fires are likely to be permitted provided:
occur. Additional fire-control equip-
(1) The tank vehicle complies with
ment may be required where a tank of
the requirements covered in the Stand-
more than 50,000 gallons individual ca-
ard on Tank Vehicles for Flammable
pacity contains Class I liquids and
Liquids, NFPA 385–1966.
where an unusual exposure hazard ex-
ists from surrounding property. Such (2) The dispensing is done on prem-
additional fire-control equipment shall ises not open to the public.
be sufficient to extinguish a fire in the (3) [Reserved]
largest tank. The design and amount of (4) The dispensing hose does not ex-
such equipment shall be in accordance ceed 50 feet in length.
with approved engineering standards. (5) The dispensing nozzle is a listed
(g) Service stations—(1) Storage and automatic-closing type without a
handling—(i) General provisions. (a) Liq- latchopen device.
uids shall be stored in approved closed (f) Class I liquids shall not be stored
containers not exceeding 60 gallons ca- or handled within a building having a
pacity, in tanks located underground, basement or pit into which flammable
in tanks in special enclosures as de- vapors may travel, unless such area is
scribed in paragraph (g)(i) of this sec- provided with ventilation designed to
tion, or in aboveground tanks as pro- prevent the accumulation of flammable
vided for in paragraphs (g)(4)(ii), (b), (c) vapors therein.
and (d) of this section. (g) [Reserved]
TABLE H–18—ELECTRICAL EQUIPMENT HAZARDOUS AREAS—BULK PLANTS
Class I
Location Group D Extent of classified area
division
Tank vehicle and tank car: 1

Loading through open dome ........................... 1 Within 3 feet of edge of dome, extending in all directions.
2 Area between 3 feet and 5 feet from edge of dome, extending
in all directions.
Loading through bottom connections with at- 1 Within 3 feet of point of venting to atmosphere extending in all
mospheric venting. directions.
2 Area between 3 feet and 5 feet from point of venting to at-
mosphere, extending in all directions. Also up to 18 inches
above grade within a horizontal radius of 10 feet from point
of loading connection.
Loading through closed dome with atmos- 1 Within 3 feet of open end of vent, extending in all directions.
pheric venting. 2 Area between 3 feet and 5 feet from open end of vent, ex-
tending in all directions. Also within 3 feet of edge of dome,
extending in all directions.
261
TABLE H–18—ELECTRICAL EQUIPMENT HAZARDOUS AREAS—BULK PLANTS—Continued

Class I
division
Loading through closed dome with vapor re- 2 Within 3 feet of point of connection of both fill and vapor lines,
covery. extending in all directions.
Bottom loading with vapor recovery or any 2 Within 3 feet of point of connections extending in all direc-
bottom unloading. tions. Also up to 18 inches above grade with in a horizontal
radius of 10 feet from point of connection.
Drum and container filling:
Outdoors, or indoors with adequate ventilation 1 Within 3 feet of vent and fill opening, extending in all direc-
tions.
2 Area between 3 feet and 5 feet from vent or fill opening, ex-
tending in all directions. Also up to 18 inches above floor or
grade level within a horizontal radius of 10 feet from vent or
fill opening.
Outdoors, or indoors with adequate ventilation 1 Within 3 feet of vent and fill opening, extending in all direc-
tions.
2 Area between 3 feet and 5 feet from vent or fill opening, ex-
tending in all directions. Also up to 18 inches above floor or
grade level within a horizontal radius of 10 feet from vent or
fill opening.
Tank—Aboveground:
Shell, ends, or roof and dike area .................. 2 Within 10 feet from shell, ends, or roof of tank, Area inside
dikes to level of top of dike.
Vent ................................................................. 1 Within 5 feet of open end of vent, extending in all directions.
2 Area between 5 feet and 10 feet from open end of vent, ex-
tending in all directions.
Floating roof .................................................... 1 Area above the roof and within the shell.
Pits:
Without mechanical ventilation ........................ 1 Entire area within pit if any part is within a Division 1 or 2
classified area.
With mechanical ventilation ............................. 2 Entire area within pit if any part is within a Division 1 or 2
classified area.
Containing valves, fittings or piping, and not 2 Entire pit.
within a Division 1 or 2 classified area.
Pumps, bleeders, withdrawal fittings, meters and
similar devices:
Indoors ............................................................. 2 Within 5 feet of any edge of such devices, extending in all di-
rections. Also up to 3 feet above floor or grade level within
25 feet horizontally from any edge of such devices.
Outdoors .......................................................... 2 Within 3 feet of any edge of such devices, extending in all di-
rections. Also up to 18 inches above grade level within 10
feet horizontally from any edge of such devices.
Storage and repair garage for tank vehicles .. 1 All pits or spaces below floor level.
2 Area up to 18 inches above floor or grade level for entire stor-
age or repair garage.
Drainage ditches, separators, impounding ba- 2 Area up to 18 inches above ditch, separator or basin. Also up
sins. to 18 inches above grade within 15 feet horizontally from
any edge.
Garages for other than tank vehicles .............. (2 ) If there is any opening to these rooms within the extent of an
outdoor classified area, the entire room shall be classified
the same as the area classification at the point of the open-
ing.
Outdoor drum storage ..................................... (2 )
Indoor warehousing where there is no flam- (2 ) If there is any opening to these rooms within the extent of an
mable liquid transfer. indoor classified are, the room shall be classified the same
as if the wall, curb or partition did not exist.
Office and rest rooms ...................................... (2 )
1 When classifying the extent of the area, consideration shall be given to the fact that tank cars or tank vehicles may be spot-
ted at varying points. Therefore, the extremities of the loading or unloading positions shall be used.
2 Ordinary.
(ii) Special enclosures. (a) When instal- (b) The enclosure shall be substan-
lation of tanks in accordance with tially liquid and vaportight without
paragraph (b)(3) of this section is im- backfill. Sides, top, and bottom of the
practical because of property or build- enclosure shall be of reinforced con-
ing limitations, tanks for flammable or crete at least 6 inches thick, with open-
combustible liquids may be installed in ings for inspection through the top
buildings if properly enclosed. only. Tank connections shall be so
262
piped or closed that neither vapors nor below grade, only approved mechanical
liquid can escape into the enclosed ventilation shall be used and the entire
space. Means shall be provided whereby dispensing area shall be protected by
portable equipment may be employed an approved automatic sprinkler sys-
to discharge to the outside any liquid tem. Ventilating systems shall be elec-
or vapors which might accumulate trically interlocked with gasoline dis-
should leakage occur. pensing units so that the dispensing
(iii) Inside buildings. (a) Except where units cannot be operated unless the
stored in tanks as provided in subdivi- ventilating fan motors are energized.
sion (ii) of this subparagraph, no Class (iii) Emergency power cutoff. A clearly
I liquids shall be stored within any identified and easily accessible
service station building except in switch(es) or a circuit breaker(s) shall
closed containers of aggregate capacity be provided at a location remote from
not exceeding 60 gallons. One container dispensing devices, including remote
not exceeding 60 gallons capacity pumping systems, to shut off the power
equipped with an approved pump is per- to all dispensing devices in the event of
mitted. an emergency.
(b) Class I liquids may be transferred (iv) Dispensing units. (a) Class I liq-
from one container to another in lubri- uids shall be transferred from tanks by
cation or service rooms of a service means of fixed pumps so designed and
station building provided the electrical equipped as to allow control of the flow
installation complies with Table H–19 and to prevent leakage or accidental
and provided that any heating equip- discharge.
ment complies with subparagraph (6) of (b)(1) Only listed devices may be used
this paragraph. for dispensing Class I liquids. No such
(c) Class II and Class III liquids may device may be used if it shows evidence
be stored and dispensed inside service of having been dismantled.
station buildings from tanks of not (2) Every dispensing device for Class I
more than 120 gallons capacity each. liquids installed after December 31,
(iv) [Reserved] 1978, shall contain evidence of listing
(v) Dispensing into portable containers. so placed that any attempt to dis-
No delivery of any Class I liquids shall mantle the device will result in dam-
be made into portable containers un- age to such evidence, visible without
less the container is constructed of disassembly or dismounting of the noz-
metal, has a tight closure with screwed zle.
or spring cover, and is fitted with a (c) Class I liquids shall not be dis-
spout or so designed that the contents pensed by pressure from drums, bar-
can be poured without spilling. rels, and similar containers. Approved
(2) [Reserved] pumps taking suction through the top
(3) Dispensing systems—(i) Location. of the container or approved self-clos-
Dispensing devices at automotive serving faucets shall be used.
ice stations shall be so located that all (d) The dispensing units, except those
parts of the vehicle being served will be attached to containers, shall be mount-
on the premises of the service station. ed either on a concrete island or pro-
(ii) Inside location. Approved dis- tected against collision damage by
pensing units may be located inside of suitable means.
buildings. The dispensing area shall be (v) Remote pumping systems.
separated from other areas in an ap- (a) This subdivision shall apply to
proved manner. The dispensing unit systems for dispensing Class I liquids
and its piping shall be mounted either where such liquids are transferred from
on a concrete island or protected storage to individual or multiple dis-
against collision damage by suitable pensing units by pumps located else-
means and shall be located in a posi- where than at the dispensing units.
tion where it cannot be struck by a ve- (b) Pumps shall be designed or
hicle descending a ramp or other slope equipped so that no part of the system
out of control. The dispensing area will be subjected to pressures above its
shall be provided with an approved me- allowable working pressure. Pumps in-
chanical or gravity ventilation system. stalled above grade, outside of build-
When dispensing units are located ings, shall be located not less than 10
263
feet from lines of adjoining property (4) Marine service stations—(i) Dis-
which may be built upon, and not less pensing. (a) The dispensing area shall
than 5 feet from any building opening. be located away from other structures
When an outside pump location is im- so as to provide room for safe ingress
practical, pumps may be installed in- and egress of craft to be fueled. Dis-
side of buildings, as provided for dispensing units shall in all cases be at
pensers in subdivision (ii) of this sub- least 20 feet from any activity involv-
paragraph, or in pits as provided in ing fixed sources of ignition.
subdivision (c) of this subdivision. (b) Dispensing shall be by approved
Pumps shall be substantially anchored dispensing units with or without inte-
and protected against physical damage gral pumps and may be located on open
by vehicles. piers, wharves, or floating docks or on
(c) Pits for subsurface pumps or pip- shore or on piers of the solid fill type.
ing manifolds of submersible pumps (c) Dispensing nozzles shall be auto-
shall withstand the external forces to matic-closing without a hold-open
which they may be subjected without latch.
damage to the pump, tank, or piping. (ii) Tanks and pumps. (a) Tanks, and
The pit shall be no larger than nec- pumps not integral with the dispensing
essary for inspection and maintenance unit, shall be on shore or on a pier of
and shall be provided with a fitted the solid fill type, except as provided in
cover. paragraphs (g)(4)(ii) (b) and (c) of this
(d) A control shall be provided that section.
will permit the pump to operate only (b) Where shore location would re-
when a dispensing nozzle is removed quire excessively long supply lines to
from its bracket on the dispensing unit dispensers, tanks may be installed on a
and the switch on this dispensing unit pier provided that applicable portions
is manually actuated. This control of paragraph (b) of this section relative
shall also stop the pump when all noz- to spacing, diking, and piping are com-
zles have been returned to their brack- plied with and the quantity so stored
ets. does not exceed 1,100 gallons aggregate
(e) An approved impact valve, incor- capacity.
porating a fusible link, designed to (c) Shore tanks supplying marine
close automatically in the event of se- service stations may be located above
vere impact or fire exposure shall be ground, where rock ledges or high
properly installed in the dispensing water table make underground tanks
supply line at the base of each indi- impractical.
vidual dispensing device. (d) Where tanks are at an elevation
(f) Testing. After the completion of which would produce gravity head on
the installation, including any paving, the dispensing unit, the tank outlet
that section of the pressure piping sys- shall be equipped with a pressure con-
tem between the pump discharge and trol valve positioned adjacent to and
the connection for the dispensing facil- outside the tank block valve specified
ity shall be tested for at least 30 min- in paragraph (b)(2)(ix)(b) of this sec-
utes at the maximum operating pres- tion, so adjusted that liquid cannot
sure of the system. Such tests shall be flow by gravity from the tank in case
repeated at 5-year intervals thereafter. of piping or hose failure.
(vi) Delivery nozzles. (a) A listed man- (iii) Piping. (a) Piping between shore
ual or automatic-closing type hose noz- tanks and dispensing units shall be as
zle valve shall be provided on dis- described in paragraph (c) of this sec-
pensers used for the dispensing of Class tion, except that, where dispensing is
I liquids. from a floating structure, suitable
(b) Manual-closing type valves shall lengths of oil-resistant flexible hose
be held open manually during dis- may be employed between the shore
pensing. Automatic-closing type valves piping and the piping on the floating
may be used in conjunction with an ap- structure as made necessary by change
proved latch-open device. in water level or shoreline.
264
TABLE H–19—ELECTRICAL EQUIPMENT HAZARDOUS AREAS—SERVICE STATIONS

Class I
division
Underground tank:
Fill opening ...................................................... 1 Any pit, box or space below grade level, any part of which is
within the Division 1 or 2 classified area.
2 Up to 18 inches above grade level within a horizontal radius
of 10 feet from a loose fill connection and within a hori-
zontal radius of 5 feet from a tight fill connection.
Vent—Discharging upward .............................. 1 Within 3 feet of open end of vent, extending in all directions.
2 Area between 3 feet and 5 feet of open end of vent, extending
in all directions.
Dispenser:
Pits ................................................................... 1 Any pit, box or space below grade level, any part of which is
within the Division 1 or 2 classified area.
Dispenser enclosure ........................................ 1 The area 4 feet vertically above base within the enclosure and
18 inches horizontally in all directions.
Outdoor ............................................................ 2 Up to 18 inches above grade level within 20 feet horizontally
of any edge of enclosure.
Indoor:
With mechanical ventilation ............................. 2 Up to 18 inches above grade or floor level within 20 feet hori-
zontally of any edge of enclosure.
With gravity ventilation .................................... 2 Up to 18 inches above grade or floor level within 25 feet hori-
zontally of any edge of enclosure.
Remote pump—Outdoor ................................. 1 Any pit, box or space below grade level if any part is within a
horizontal distance of 10 feet from any edge of pump.
2 Within 3 feet of any edge of pump, extending in all directions.
Also up to 18 inches above grade level within 10 feet hori-
zontally from any edge of pump.
Remote pump—Indoor .................................... 1 Entire area within any pit.
2 Within 5 feet of any edge of pump, extending in all directions.
Also up to 3 feet above floor or grade level within 25 feet
horizontally from any edge of pump.
Lubrication or service room ............................. 1 Entire area within any pit.
2 Area up to 18 inches above floor or grade level within entire
lubrication room.
Dispenser for Class I liquids ........................... 2 Within 3 feet of any fill or dispensing point, extending in all di-
rections.
Special enclosure inside building per § 1910.– 1 Entire enclosure.
106(f)(1)(ii).
Sales, storage and rest rooms ........................ (1 ) If there is any opening to these rooms within the extent of a
Division 1 area, the entire room shall be classified as Divi-
sion 1.
1 Ordinary.
(b) A readily accessible valve to shut (ii) All electrical equipment and wir-
off the supply from shore shall be pro- ing shall be of a type specified by and
vided in each pipeline at or near the shall be installed in accordance with
approach to the pier and at the shore subpart S of this part.
end of each pipeline adjacent to the (iii) So far as it applies. Table H–19
point where flexible hose is attached. shall be used to delineate and classify
(c) Piping shall be located so as to be hazardous areas for the purpose of in-
protected from physical damage. stallation of electrical equipment
(d) Piping handling Class I liquids under normal circumstances. A classi-
shall be grounded to control stray cur- fied area shall not extend beyond an
rents. unpierced wall, roof, or other solid par-
(5) Electrical equipment—(i) Applica- tition.
tion. This subparagraph shall apply to
(iv) The area classifications listed
areas where Class I liquids are stored
shall be based on the assumption that
or handled. For areas where Class II or
Class III liquids are stored or handled the installation meets the applicable
the electrical equipment may be in- requirements of this section in all re-
stalled in accordance with the provi- spects.
sions of subpart S of this part, for ordi-
nary locations.
265
(6) Heating equipment—(i) Conform- spicuous and legible signs prohibiting

ance. Heating equipment shall be in- smoking shall be posted within sight of
stalled as provided in paragraphs (g)(6) the customer being served. The motors
(ii) through (v) of this section. of all equipment being fueled shall be
(ii) Application. Heating equipment shut off during the fueling operation.
may be installed in the conventional (9) Fire control. Each service station
manner in an area except as provided shall be provided with at least one fire
in paragraph (g)(6) (iii), (iv), or (v) of extinguisher having a minimum ap-
this section. proved classification of 6 B, C, located
(iii) Special room. Heating equipment so that an extinguisher, will be within
may be installed in a special room sep-
75 feet of each pump, dispenser, under-
arated from an area classified by Table
ground fill pipe opening, and lubrica-
H–19 by walls having a fire resistance
rating of at least 1 hour and without tion or service room.
any openings in the walls within 8 feet (h) Processing plants—(1) Scope. This
of the floor into an area classified in paragraph shall apply to those plants
Table H–19. This room shall not be used or buildings which contain chemical
for combustible storage and all air for operations such as oxidation, reduc-
combustion purposes shall come from tion, halogenation, hydrogenation,
outside the building. alkylation, polymerization, and other
(iv) Work areas. Heating equipment chemical processes but shall not apply
using gas or oil fuel may be installed in to chemical plants, refineries or distill-
the lubrication, sales, or service room eries.
where there is no dispensing or trans- (2) Location—(i) Classification. The lo-
ferring of Class I liquids provided the cation of each processing vessel shall
bottom of the combustion chamber is be based upon its flammable or com-
at least 18 inches above the floor and bustible liquid capacity.
the heating equipment is protected (ii) [Reserved]
from physical damage by vehicles. (3) Processing building—(i) Construc-
Heating equipment using gas or oil fuel
tion. (a) Processing buildings shall be of
listed for use in garages may be in-
fire-resistance or noncombustible con-
stalled in the lubrication or service
room where Class I liquids are dis- struction, except heavy timber con-
pensed provided the equipment is instruction with load-bearing walls may
stalled at least 8 feet above the floor. be permitted for plants utilizing only
(v) Electric heat. Electrical heating stable Class II or Class III liquids. Ex-
equipment shall conform to paragraph cept as provided in paragraph (h)(2)(ii)
(g)(5) of this section. of this section or in the case of explo-
(7) Drainage and waste disposal. Provi- sion resistant walls used in conjunc-
sion shall be made in the area where tion with explosion relieving facilities,
Class I liquids are dispensed to prevent see paragraph (h)(3)(iv) of this section,
spilled liquids from flowing into the in- load-bearing walls are prohibited.
terior of service station buildings. Buildings shall be without basements
Such provision may be by grading or covered pits.
driveways, raising door sills, or other (b) Areas shall have adequate exit fa-
equally effective means. Crankcase cilities arranged to prevent occupants
drainings and flammable or combus- from being trapped in the event of fire.
tible liquids shall not be dumped into Exits shall not be exposed by the drain-
sewers but shall be stored in tanks or age facilities described in paragraph
drums outside of any building until re- (h)(ii) of this section.
moved from the premises. (ii) Drainage. (a) Emergency drainage
(8) Sources of ignition. In addition to
systems shall be provided to direct
the previous restrictions of this para-
flammable or combustible liquid leak-
graph, the following shall apply: There
shall be no smoking or open flames in age and fire protection water to a safe
the areas used for fueling, servicing location. This may require curbs, scup-
fuel systems for internal combustion pers, or special drainage systems to
engines, receiving or dispensing of control the spread of fire, see para-
flammable or combustible liquids. Con- graph (b)(2)(vii)(b) of this section.
266
(b) Emergency drainage systems, if a fire resistance rating of at least 2

connected to public sewers or dis- hours.
charged into public waterways, shall be (d) The storage of flammable or com-
equipped with traps or separators. bustible liquids in containers shall be
(iii) Ventilation. (a) Enclosed proc- in accordance with the applicable pro-
essing buildings shall be ventilated at a visions of paragraph (d) of this section.
rate of not less than 1 cubic foot per (ii) Piping, valves, and fittings. (a) Pip-
minute per square foot of solid floor ing, valves, and fittings shall be in ac-
area. This shall be accomplished by cordance with paragraph (c) of this sec-
natural or mechanical ventilation with tion.
discharge or exhaust to a safe location (b) Approved flexible connectors may
outside of the building. Provisions be used where vibration exists or where
shall be made for introduction of frequent movement is necessary. Ap-
makeup air in such a manner as not to proved hose may be used at transfer
short circuit the ventilation. Ventila- stations.
tion shall be arranged to include all (c) Piping containing flammable or
floor areas or pits where flammable va- combustible liquids shall be identified.
pors may collect. (iii) Transfer. (a) The transfer of large
(b) Equipment used in a building and quantities of flammable or combustible
the ventilation of the building shall be liquids shall be through piping by
designed so as to limit flammable means of pumps or water displacement.
vapor-air mixtures under normal oper- Except as required in process equip-
ating conditions to the interior of ment, gravity flow shall not be used.
equipment, and to not more than 5 feet The use of compressed air as a transfer-
from equipment which exposes Class I ring medium is prohibited.
liquids to the air. Examples of such (b) Positive displacement pumps
equipment are dispensing stations, shall be provided with pressure relief
open centrifuges, plate and frame fil- discharging back to the tank or to
ters, open vacuum filters, and surfaces pump suction.
of open equipment. (iv) Equipment. (a) Equipment shall
(iv) Explosion relief. Areas where Class be designed and arranged to prevent
IA or unstable liquids are processed the unintentional escape of liquids and
shall have explosion venting through vapors and to minimize the quantity
one or more of the following methods: escaping in the event of accidental re-
(a) Open air construction. lease.
(b) Lightweight walls and roof. (b) Where the vapor space of equip-
(c) Lightweight wall panels and roof ment is usually within the flammable
hatches. range, the probability of explosion
(d) Windows of explosion venting damage to the equipment can be lim-
type. ited by inerting, by providing an explo-
(4) Liquid handling—(i) Storage. (a) sion suppression system, or by design-
The storage of flammable or combus- ing the equipment to contain the peak
tible liquids in tanks shall be in ac- explosion pressure which may be modi-
cordance with the applicable provisions fied by explosion relief. Where the spe-
of paragraph (b) of this section. cial hazards of operation, sources of ig-
(b) If the storage of flammable or nition, or exposures indicate a need,
combustible liquids in outside above- consideration shall be given to pro-
ground or underground tanks is not viding protection by one or more of the
practical because of temperature or above means.
production considerations, tanks may (5) Tank vehicle and tank car loading
be permitted inside of buildings or and unloading. Tank vehicle and tank
structures in accordance with the ap- car loading or unloading facilities shall
plicable provisions of paragraph (b) of be separated from aboveground tanks,
this section. warehouses, other plant buildings, or
(c) Storage tanks inside of buildings nearest line of adjoining property
shall be permitted only in areas at or which may be built upon by a distance
above grade which have adequate of 25 feet for Class I liquids and 15 feet
drainage and are separated from the for Class II and Class III liquids meas-
processing area by construction having ured from the nearest position of any
267
fill stem. Buildings for pumps or shel- and mechanical sparks; spontaneous ig-
ters for personnel may be a part of the nition, including heat-producing chem-
facility. Operations of the facility shall ical reactions; and radiant heat.
comply with the appropriate portions (b) Class I liquids shall not be dis-
of paragraph (f)(3) of this section. pensed into containers unless the noz-
(6) Fire control—(i) Portable extin- zle and container are electrically inter-
guishers. Approved portable fire extin- connected. Where the metallic
guishers of appropriate size, type, and floorplate on which the container
number shall be provided. stands while filling is electrically con-
(ii) Other controls. Where the special nected to the fill stem or where the fill
hazards of operation or exposure indi- stem is bonded to the container during
cate a need, the following fire control filling operations by means of a bond
provision shall be provided. wire, the provisions of this section
(a) A reliable water supply shall be shall be deemed to have been complied
available in pressure and quantity ade- with.
quate to meet the probable fire de- (ii) Maintenance and repair. (a) When
mands. necessary to do maintenance work in a
(b) Hydrants shall be provided in ac- flammable or combustible liquid proc-
cordance with accepted good practice. essing area, the work shall be author-
(c) Hose connected to a source of ized by a responsible representative of
water shall be installed so that all ves- the employer.
sels, pumps, and other equipment con-
(b) Hot work, such as welding or cut-
taining flammable or combustible liq-
ting operations, use of spark-producing
uids can be reached with at least one
power tools, and chipping operations
hose stream. Nozzles that are capable
shall be permitted only under super-
of discharging a water spray shall be
vision of an individual in responsible
provided.
charge who shall make an inspection of
(d) Processing plants shall be pro-
the area to be sure that it is safe for
tected by an approved automatic sprin-
the work to be done and that safe pro-
kler system or equivalent extin-
cedures will be followed for the work
guishing system. If special extin-
specified.
guishing systems including but not
limited to those employing foam, car- (iii) Electrical. (a) All electric wiring
bon dioxide, or dry chemical are pro- and equipment shall be installed in ac-
vided, approved equipment shall be cordance with subpart S of this part.
used and installed in an approved man- (b) Locations where flammable
ner. vapor-air mixtures may exist under
(iii) Alarm systems. An approved normal operations shall be classified
means for prompt notification of fire Class I, Division 1 according to the re-
to those within the plant and any pub- quirements of subpart S of this part.
lic fire department available shall be For those pieces of equipment installed
provided. It may be advisable to con- in accordance with paragraph
nect the plant system with the public (h)(3)(iii)(b) of this section, the Divi-
system where public fire alarm system sion 1 area shall extend 5 feet in all di-
is available. rections from all points of vapor libera-
(iv) Maintenance. All plant fire pro- tion. All areas within pits shall be clas-
tection facilities shall be adequately sified Division 1 if any part of the pit is
maintained and periodically inspected within a Division 1 or 2 classified area,
and tested to make sure they are al- unless the pit is provided with mechan-
ways in satisfactory operating condi- ical ventilation.
tion and that they will serve their pur- (c) Locations where flammable vapor-
pose in time of emergency. air mixtures may exist under abnormal
(7) Sources of ignition—(i) General. (a) conditions and for a distance beyond
Precautions shall be taken to prevent Division 1 locations shall be classified
the ignition of flammable vapors. Division 2 according to the require-
Sources of ignition include but are not ments of subpart S of this part. These
limited to open flames; lightning; locations include an area within 20 feet
smoking; cutting and welding; hot sur- horizontally, 3 feet vertically beyond a
faces; frictional heat; static, electrical, Division 1 area, and up to 3 feet above
268
floor or grade level within 25 feet, if in- (2) Wharves. Wharves handling flam-
doors, or 10 feet if outdoors, from any mable or combustible liquids shall be
pump, bleeder, withdrawal fitting, in accordance with paragraph (f)(4) of
meter, or similar device handling Class this section.
I liquids. Pits provided with adequate (3) Fired and unfired pressure vessels—
mechanical ventilation within a Divi- (i) Fired vessels. Fired pressure vessels
sion 1 or 2 area shall be classified Divi- shall be constructed in accordance with
sion 2. If Class II or Class III liquids the Code for Fired Pressure Vessels,
only are handled, then ordinary elec- Section I of the ASME Boiler and Pres-
trical equipment is satisfactory though sure Vessel Code—1968.
care shall be used in locating electrical (ii) Unfired vessels shall be con-
apparatus to prevent hot metal from structed in accordance with the Code
falling into open equipment. for Unfired Pressure Vessels, Section
(d) Where the provisions of para- VIII of the ASME Boiler and Pressure
graphs (h)(7)(iii) (a), (b), and (c) of this Vessel Code—1968.
section require the installation of ex- (4) Location of process units. Process
plosion-proof equipment, ordinary elec- units shall be located so that they are
trical equipment including switchgear accessible from at least one side for the
may be used if installed in a room or purpose of fire control.
enclosure which is maintained under (5) Fire control—(i) Portable equipment.
positive pressure with respect to the Portable fire extinguishment and con-
hazardous area. Ventilation makeup trol equipment shall be provided in
air shall be uncontaminated by flam- such quantities and types as are needed
mable vapors. for the special hazards of operation and
(8) Housekeeping—(i) General. Mainte- storage.
nance and operating practices shall be (ii) Water supply. Water shall be
in accordance with established proce- available in volume and at adequate
dures which will tend to control leak- pressure to supply water hose streams,
age and prevent the accidental escape foam producing equipment, automatic
of flammable or combustible liquids. sprinklers, or water spray systems as
Spills shall be cleaned up promptly. the need is indicated by the special
(ii) Access. Adequate aisles shall be hazards of operation and storage.
maintained for unobstructed move- (iii) Special equipment. Special extin-
ment of personnel and so that fire pro- guishing equipment such as that uti-
tection equipment can be brought to lizing foam, inert gas, or dry chemical
bear on any part of the processing shall be provided as the need is indi-
equipment. cated by the special hazards of oper-
(iii) Waste and residues. Combustible ation and storage.
waste material and residues in a build- (j) Scope. This section applies to the
ing or operating area shall be kept to a handling, storage, and use of flam-
minimum, stored in closed metal waste mable and combustible liquids with a
cans, and disposed of daily. flashpoint below 200 °F. This section
(iv) Clear zone. Ground area around does not apply to:
buildings and operating areas shall be (1) Bulk transportation of flammable
kept free of tall grass, weeds, trash, or and combustible liquids;
other combustible materials. (2) Storage, handling, and use of fuel
(i) Refineries, chemical plants, and dis- oil tanks and containers connected
tilleries—(1) Storage tanks. Flammable with oil burning equipment;
or combustible liquids shall be stored (3) Storage of flammable and combus-
in tanks, in containers, or in portable tible liquids on farms;
tanks. Tanks shall be installed in ac- (4) Liquids without flashpoints that
cordance with paragraph (b) of this sec- may be flammable under some condi-
tion. Tanks for the storage of flam- tions, such as certain halogenated hy-
mable or combustible liquids in tank drocarbons and mixtures containing
farms and in locations other than proc- halogenated hydrocarbons;
ess areas shall be located in accordance (5) Mists, sprays, or foams, except
with paragraph (b)(2) (i) and (ii) of this flammable aerosols covered in para-
section. graph (d) of this section; or
269
(6) Installations made in accordance as described in subparagraph (4) of this

with requirements of the following paragraph. A dry spray booth may be
standards that are incorporated by ref- equipped with (i) distribution or baffle
erence as specified in § 1910.6: plates to promote an even flow of air
(i) National Fire Protection Associa- through the booth or cause the deposit
tion Standard for Drycleaning Plants, of overspray before it enters the ex-
NFPA No. 32–1970; haust duct; or (ii) overspray dry filters
(ii) National Fire Protection Associa- to minimize dusts; or (iii) overspray
tion Standard for the Manufacture of dry filters to minimize dusts or resi-
Organic Coatings, NFPA No. 35–1970; dues entering exhaust ducts; or (iv)
(iii) National Fire Protection Asso- overspray dry filter rolls designed to
ciation Standard for Solvent Extrac- minimize dusts or residues entering ex-
tion Plants, NFPA No. 36–1967; or haust ducts; or (v) where dry powders
(iv) National Fire Protection Asso- are being sprayed, with powder collec-
ciation Standard for the Installation tion systems so arranged in the ex-
and Use of Stationary Combustion En- haust to capture oversprayed material.
gines and Gas Turbines, NFPA No. 37– (6) Fluidized bed. A container holding
1970. powder coating material which is aer-
ated from below so as to form an air-
supported expanded cloud of such ma-
FR 3982, Jan. 27, 1975; 40 FR 23743, June 2,
1975; 43 FR 49746, Oct. 24, 1978; 43 FR 51759, terial through which the preheated ob-
Nov. 7, 1978; 47 FR 39164, Sept. 7, 1982; 51 FR ject to be coated is immersed and
34560, Sept. 29, 1986; 53 FR 12121, Apr. 12, 1988; transported.
55 FR 32015, Aug. 6, 1990; 61 FR 9237, Mar. 7, (7) Electrostatic fluidized bed. A con-
1996; 70 FR 53929, Sept. 13, 2005] tainer holding powder coating material
which is aerated from below so as to
§ 1910.107 Spray finishing using flam- form an air-supported expanded cloud
mable and combustible materials. of such material which is electrically
(a) Definitions applicable to this sec- charged with a charge opposite to the
tion—(1) Aerated solid powders. Aerated charge of the object to be coated; such
powders shall mean any powdered ma- object is transported, through the con-
terial used as a coating material which tainer immediately above the charged
shall be fluidized within a container by and aerated materials in order to be
passing air uniformly from below. It is coated.
common practice to fluidize such mate- (8) Approved. Shall mean approved
rials to form a fluidized powder bed and and listed by a nationally recognized
then dip the part to be coated into the testing laboratory. Refer to § 1910.7 for
bed in a manner similar to that used in definition of nationally recognized
liquid dipping. Such beds are also used testing laboratory.
as sources for powder spray operations. (9) Listed. See ‘‘approved’’ in
(2) Spraying area. Any area in which § 1910.107(a)(8).
dangerous quantities of flammable va- (b) Spray booths—(1) Construction.
pors or mists, or combustible residues, Spray booths shall be substantially
dusts, or deposits are present due to constructed of steel, securely and rig-
the operation of spraying processes. idly supported, or of concrete or ma-
(3) Spray booth. A power-ventilated sonry except that aluminum or other
structure provided to enclose or accom- substantial noncombustible material
modate a spraying operation to confine may be used for intermittent or low
and limit the escape of spray, vapor, volume spraying. Spray booths shall be
and residue, and to safely conduct or designed to sweep air currents toward
direct them to an exhaust system. the exhaust outlet.
(4) Waterwash spray booth. A spray (2) Interiors. The interior surfaces of
booth equipped with a water washing spray booths shall be smooth and con-
system designed to minimize dusts or tinuous without edges and otherwise
residues entering exhaust ducts and to designed to prevent pocketing of resi-
permit the recovery of overspray fin- dues and facilitate cleaning and wash-
ishing material. ing without injury.
(5) Dry spray booth. A spray booth not (3) Floors. The floor surface of a spray
equipped with a water washing system booth and operator’s working area, if
270
combustible, shall be covered with non- (vi) Clean filters or filter rolls shall
combustible material of such character be noncombustible or of a type having
as to facilitate the safe cleaning and a combustibility not in excess of class
removal of residues. 2 filters as listed by Underwriters’ Lab-
(4) Distribution or baffle plates. Dis- oratories, Inc. Filters and filter rolls
tribution or baffle plates, if installed shall not be alternately used for dif-
to promote an even flow of air through ferent types of coating materials,
the booth or cause the deposit of where the combination of materials
overspray before it enters the exhaust may be conducive to spontaneous igni-
duct, shall be of noncombustible mate- tion. See also paragraph (g)(6) of this
rial and readily removable or acces- section.
sible on both sides for cleaning. Such (6) Frontal area. Each spray booth
plates shall not be located in exhaust
having a frontal area larger than 9
ducts.
square feet shall have a metal deflector
(5) Dry type overspray collectors—(ex-
or curtain not less than 21⁄2 inches deep
haust air filters). In conventional dry
type spray booths, overspray dry filters installed at the upper outer edge of the
or filter rolls, if installed, shall con- booth over the opening.
form to the following: (7) Conveyors. Where conveyors are
(i) The spraying operations except arranged to carry work into or out of
electrostatic spraying operations shall spray booths, the openings therefor
be so designed, installed and main- shall be as small as practical.
tained that the average air velocity (8) Separation of operations. Each
over the open face of the booth (or spray booth shall be separated from
booth cross section during spraying op- other operations by not less than 3
erations) shall be not less than 100 lin- feet, or by a greater distance, or by
ear feet per minute. Electrostatic such partition or wall as to reduce the
spraying operations may be conducted danger from juxtaposition of hazardous
with an air velocity over the open face operations. See also paragraph (c)(1) of
of the booth of not less than 60 linear this section.
feet per minute, or more, depending on (9) Cleaning. Spray booths shall be so
the volume of the finishing material installed that all portions are readily
being applied and its flammability and accessible for cleaning. A clear space of
explosion characteristics. Visible not less than 3 feet on all sides shall be
gauges or audible alarm or pressure ac- kept free from storage or combustible
tivated devices shall be installed to in- construction.
dicate or insure that the required air
(10) Illumination. When spraying areas
velocity is maintained. Filter rolls
are illuminated through glass panels or
shall be inspected to insure proper re-
other transparent materials, only fixed
placement of filter media.
lighting units shall be used as a source
(ii) All discarded filter pads and filter
rolls shall be immediately removed to of illumination. Panels shall effec-
a safe, well-detached location or placed tively isolate the spraying area from
in a water-filled metal container and the area in which the lighting unit is
disposed of at the close of the day’s op- located, and shall be of a noncombus-
eration unless maintained completely tible material of such a nature or so
in water. protected that breakage will be un-
(iii) The location of filters in a spray likely. Panels shall be so arranged that
booth shall be so as to not reduce the normal accumulations of residue on
effective booth enclosure of the arti- the exposed surface of the panel will
cles being sprayed. not be raised to a dangerous tempera-
(iv) Space within the spray booth on ture by radiation or conduction from
the downstream and upstream sides of the source of illumination.
filters shall be protected with approved (c) Electrical and other sources of igni-
automatic sprinklers. tion—(1) Conformance. All electrical
(v) Filters or filter rolls shall not be equipment, open flames and other
used when applying a spray material sources of ignition shall conform to the
known to be highly susceptible to spon- requirements of this paragraph, except
taneous heating and ignition. as follows:
271
(i) Electrostatic apparatus shall con- from by a partition, shall be totally en-
form to the requirements of paragraphs closed to prevent the falling of hot par-
(h) and (i) of this section; ticles and shall be protected from me-
(ii) Drying, curing, and fusion appa- chanical injury by suitable guards or
ratus shall conform to the require- by location.
ments of paragraph (j) of this section; (8) Portable lamps. Portable electric
(iii) Automobile undercoating spray lamps shall not be used in any spraying
operations in garages shall conform to area during spraying operations. Port-
the requirements of paragraph (k) of able electric lamps, if used during
this section; cleaning or repairing operations, shall
(iv) Powder coating equipment shall be of the type approved for hazardous
conform to the requirements of para- Class I locations.
graph (c)(1) of this section. (9) Grounding. (i) All metal parts of
(2) Minimum separation. There shall be spray booths, exhaust ducts, and piping
no open flame or spark producing systems conveying flammable or com-
equipment in any spraying area nor bustible liquids or aerated solids shall
within 20 feet thereof, unless separated be properly electrically grounded in an
by a partition. effective and permanent manner.
(3) Hot surfaces. Space-heating appli- (ii) [Reserved]
ances, steampipes, or hot surfaces shall
(d) Ventilation—(1) Conformance. Ven-
not be located in a spraying area where
tilating and exhaust systems shall be
deposits of combustible residues may
in accordance with the Standard for
readily accumulate.
Blower and Exhaust Systems for Vapor
(4) Wiring conformance. Electrical wir-
ing and equipment shall conform to the Removal, NFPA No. 91–1961, which is
provisions of this paragraph and shall incorporated by reference as specified
otherwise be in accordance with sub- in § 1910.6, where applicable and shall
part S of this part. also conform to the provisions of this
(5) Combustible residues, areas. Unless section.
specifically approved for locations con- (2) General. All spraying areas shall
taining both deposits of readily ignit- be provided with mechanical ventila-
able residue and explosive vapors, there tion adequate to remove flammable va-
shall be no electrical equipment in any pors, mists, or powders to a safe loca-
spraying area, whereon deposits of tion and to confine and control com-
combustible residues may readily accu- bustible residues so that life is not en-
mulate, except wiring in rigid conduit dangered. Mechanical ventilation shall
or in boxes or fittings containing no be kept in operation at all times while
taps, splices, or terminal connections. spraying operations are being con-
(6) Wiring type approved. Electrical ducted and for a sufficient time there-
wiring and equipment not subject to after to allow vapors from drying coat-
deposits of combustible residues but lo- ed articles and drying finishing mate-
cated in a spraying area as herein de- rial residue to be exhausted.
fined shall be of explosion-proof type (3) Independent exhaust. Each spray
approved for Class I, group D locations booth shall have an independent ex-
and shall otherwise conform to the pro- haust duct system discharging to the
visions of subpart S of this part, for exterior of the building, except that
Class I, Division 1, Hazardous Loca- multiple cabinet spray booths in which
tions. Electrical wiring, motors, and identical spray finishing material is
other equipment outside of but within used with a combined frontal area of
twenty (20) feet of any spraying area, not more than 18 square feet may have
and not separated therefrom by parti- a common exhaust. If more than one
tions, shall not produce sparks under fan serves one booth, all fans shall be
normal operating conditions and shall so interconnected that one fan cannot
otherwise conform to the provisions of operate without all fans being oper-
subpart S of this part for Class I, Divi- ated.
sion 2 Hazardous Locations. (4) Fan-rotating element. The fan-ro-
(7) Lamps. Electric lamps outside of, tating element shall be nonferrous or
but within twenty (20) feet of any nonsparking or the casing shall consist
spraying area, and not separated thereof or be lined with such material.
272
There shall be ample clearance be- struction or unprotected opening in

tween the fan-rotating element and the any noncombustible exterior wall with-
fan casing to avoid a fire by friction, in 25 feet.
necessary allowance being made for or- (9) Air exhaust. Air exhaust from
dinary expansion and loading to pre- spray operations shall not be directed
vent contact between moving parts and so that it will contaminate makeup air
the duct or fan housing. Fan blades being introduced into the spraying area
shall be mounted on a shaft suffi- or other ventilating intakes, nor di-
ciently heavy to maintain perfect rected so as to create a nuisance. Air
alignment even when the blades of the exhausted from spray operations shall
fan are heavily loaded, the shaft pref- not be recirculated.
erably to have bearings outside the (10) Access doors. When necessary to
duct and booth. All bearings shall be of facilitate cleaning, exhaust ducts shall
the self-lubricating type, or lubricated be provided with an ample number of
from the outside duct. access doors.
(5) Electric motors. Electric motors (11) Room intakes. Air intake openings
driving exhaust fans shall not be placed to rooms containing spray finishing op-
inside booths or ducts. See also para- erations shall be adequate for the effi-
graph (c) of this section. cient operation of exhaust fans and
(6) Belts. Belts shall not enter the shall be so located as to minimize the
duct or booth unless the belt and pul- creation of dead air pockets.
ley within the duct or booth are thor- (12) Drying spaces. Freshly sprayed
oughly enclosed. articles shall be dried only in spaces
(7) Exhaust ducts. Exhaust ducts shall provided with adequate ventilation to
be constructed of steel and shall be prevent the formation of explosive va-
substantially supported. Exhaust ducts pors. In the event adequate and reliable
without dampers are preferred; how- ventilation is not provided such drying
ever, if dampers are installed, they spaces shall be considered a spraying
shall be maintained so that they will area. See also paragraph (j) of this sec-
be in a full open position at all times tion.
the ventilating system is in operation. (e) Flammable and combustible liquids—
(i) Exhaust ducts shall be protected storage and handling—(1) Conformance.
against mechanical damage and have a The storage of flammable or combus-
clearance from unprotected combustible liquids in connection with spray-
tible construction or other combustible ing operations shall conform to the re-
material of not less than 18 inches. quirements of § 1910.106, where applica-
(ii) If combustible construction is ble.
provided with the following protection (2) Quantity. The quantity of flam-
applied to all surfaces within 18 inches, mable or combustible liquids kept in
clearances may be reduced to the dis- the vicinity of spraying operations
tances indicated: shall be the minimum required for op-
(a) 28-gage sheet metal on 1⁄4-inch asbestos 12 inches. erations and should ordinarily not ex-
mill board. ceed a supply for 1 day or one shift.
(b) 28-gage sheet metal on 1⁄8-inch asbestos 9 inches. Bulk storage of portable containers of
mill board spaced out 1 inch on non-
combustible spacers. flammable or combustible liquids shall
(c) 22-gage sheet metal on 1-inch rockwool 3 inches. be in a separate, constructed building
batts reinforced with wire mesh or the detached from other important build-
equivalent.
(d) Where ducts are protected with an ap-
ings or cut off in a standard manner.
proved automatic sprinkler system, properly (3) Containers. Original closed con-
maintained, the clearance required in sub- tainers, approved portable tanks, ap-
division (i) of this subparagraph may be re- proved safety cans or a properly ar-
duced to 6 inches.
ranged system of piping shall be used
(8) Discharge clearance. Unless the for bringing flammable or combustible
spray booth exhaust duct terminal is liquids into spray finishing room. Open
from a water-wash spray booth, the or glass containers shall not be used.
terminal discharge point shall be not (4) Transferring liquids. Except as pro-
less than 6 feet from any combustible vided in paragraph (e)(5) of this section
exterior wall or roof nor discharge in the withdrawal of flammable and com-
the direction of any combustible con- bustible liquids from containers having
273
a capacity of greater than 60 gallons maximum operating pressures.’’ Any

shall be by approved pumps. The with- hose showing material deteriorations,
drawal of flammable or combustible signs of leakage, or weakness in its
liquids from containers and the filling carcass or at the couplings, shall be
of containers, including portable mix- withdrawn from service and repaired or
ing tanks, shall be done only in a suit- discarded.
able mixing room or in a spraying area (iv) Piping systems conveying flam-
when the ventilating system is in oper- mable or combustible liquids shall be
ation. Adequate precautions shall be of steel or other material having com-
taken to protect against liquid spillage parable properties of resistance to heat
and sources of ignition. and physical damage. Piping systems
(5) Spraying containers. Containers shall be properly bonded and grounded.
supplying spray nozzles shall be of (7) Spray liquid heaters. Electrically
closed type or provided with metal cov- powered spray liquid heaters shall be
ers kept closed. Containers not resting approved and listed for the specific lo-
on floors shall be on metal supports or cation in which used (see paragraph (c)
suspended by wire cables. Containers of this section). Heaters shall not be lo-
supplying spray nozzles by gravity flow cated in spray booths nor other loca-
shall not exceed 10 gallons capacity. tions subject to the accumulation of
Original shipping containers shall not deposits or combustible residue. If an
be subject to air pressure for supplying electric motor is used, see paragraph
spray nozzles. Containers under air (c) of this section.
pressure supplying spray nozzles shall (8) Pump relief. If flammable or com-
be of limited capacity, not exceeding bustible liquids are supplied to spray
that necessary for 1 day’s operation; nozzles by positive displacement
shall be designed and approved for such pumps, the pump discharge line shall
use; shall be provided with a visible be provided with an approved relief
pressure gage; and shall be provided valve discharging to a pump suction or
with a relief valve set to operate in a safe detached location, or a device
conformance with the requirements of provided to stop the prime mover if the
the Code for Unfired Pressure Vessels, discharge pressure exceeds the safe op-
Section VIII of the ASME Boiler and erating pressure of the system.
Pressure Vessel Code—1968, which is in- (9) Grounding. Whenever flammable
corporated by reference as specified in or combustible liquids are transferred
§ 1910.6. Containers under air pressure from one container to another, both
supplying spray nozzles, air-storage containers shall be effectively bonded
tanks and coolers shall conform to the and grounded to prevent discharge
standards of the Code for Unfired Pres- sparks of static electricity.
sure Vessels, Section VIII of the ASME (f) Protection—(1) Conformance. In
Boiler and Pressure Vessel Code—1968 sprinklered buildings, the automatic
for construction, tests, and mainte- sprinkler system in rooms containing
nance. spray finishing operations shall con-
(6) Pipes and hoses. (i) All containers form to the requirements of § 1910.159.
or piping to which is attached a hose or In unsprinklered buildings where sprin-
flexible connection shall be provided klers are installed only to protect
with a shutoff valve at the connection. spraying areas, the installation shall
Such valves shall be kept shut when conform to such standards insofar as
spraying operations are not being con- they are applicable. Sprinkler heads
ducted. shall be located so as to provide water
(ii) When a pump is used to deliver distribution throughout the entire
products, automatic means shall be booth.
provided to prevent pressure in excess (2) Valve access. Automatic sprinklers
of the design working pressure of ac- protecting each spray booth (together
cessories, piping, and hose. with its connecting exhaust) shall be
(iii) All pressure hose and couplings under an accessibly located separate
shall be inspected at regular intervals outside stem and yoke (OS&Y) subcon-
appropriate to this service. The hose trol valve.
and couplings shall be tested with the (3) Cleaning of heads. Sprinklers pro-
hose extended, and using the ‘‘inservice tecting spraying areas shall be kept as
274
free from deposits as practical by ously posted at all spraying areas and
cleaning daily if necessary. (See also paint storage rooms.
paragraph (g) of this section.) (h) Fixed electrostatic apparatus—(1)
(4) Portable extinguishers. An adequate Conformance. Where installation and
supply of suitable portable fire extin- use of electrostatic spraying equip-
guishers shall be installed near all ment is used, such installation and use
spraying areas. shall conform to all other paragraphs
(g) Operations and maintenance—(1) of this section, and shall also conform
Spraying. Spraying shall not be con- to the requirements of this paragraph.
ducted outside of predetermined spray- (2) Type approval. Electrostatic appa-
ing areas. ratus and devices used in connection
(2) Cleaning. All spraying areas shall with coating operations shall be of ap-
be kept as free from the accumulation proved types.
of deposits of combustible residues as (3) Location. Transformers, power
practical, with cleaning conducted packs, control apparatus, and all other
daily if necessary. Scrapers, spuds, or electrical portions of the equipment,
other such tools used for cleaning pur- with the exception of high-voltage
poses shall be of nonsparking material. grids, electrodes, and electrostatic
atomizing heads and their connections,
(3) Residue disposal. Residue scrapings
shall be located outside of the spraying
and debris contaminated with residue
area, or shall otherwise conform to the
shall be immediately removed from the
requirements of paragraph (c) of this
premises and properly disposed of. Ap-
section.
proved metal waste cans shall be pro- (4) Support. Electrodes and electro-
vided wherever rags or waste are im- static atomizing heads shall be ade-
pregnated with finishing material and quately supported in permanent loca-
all such rags or waste deposited therein tions and shall be effectively insulated
immediately after use. The contents of from the ground. Electrodes and elec-
waste cans shall be properly disposed of trostatic atomizing heads which are
at least once daily or at the end of each permanently attached to their bases,
shift. supports, or reciprocators, shall be
(4) Clothing storage. Spray finishing deemed to comply with this section.
employees’ clothing shall not be left on Insulators shall be nonporous and non-
the premises overnight unless kept in combustible.
metal lockers. (5) Insulators, grounding. High-voltage
(5) Cleaning solvents. The use of sol- leads to electrodes shall be properly in-
vents for cleaning operations shall be sulated and protected from mechanical
restricted to those having flashpoints injury or exposure to destructive
not less than 100 °F.; however, for chemicals. Electrostatic atomizing
cleaning spray nozzles and auxiliary heads shall be effectively and perma-
equipment, solvents having flashpoints nently supported on suitable insulators
not less than those normally used in and shall be effectively guarded
spray operations may be used. Such against accidental contact or ground-
cleaning shall be conducted inside ing. An automatic means shall be pro-
spray booths and ventilating equip- vided for grounding the electrode sys-
ment operated during cleaning. tem when it is electrically deenergized
(6) Hazardous materials combinations. for any reason. All insulators shall be
Spray booths shall not be alternately kept clean and dry.
used for different types of coating ma- (6) Safe distance. A safe distance shall
terials, where the combination of the be maintained between goods being
materials may be conducive to sponta- painted and electrodes or electrostatic
neous ignition, unless all deposits of atomizing heads or conductors of at
the first used material are removed least twice the sparking distance. A
from the booth and exhaust ducts prior suitable sign indicating this safe dis-
to spraying with the second used mate- tance shall be conspicuously posted
rial. near the assembly.
(7) ‘‘No Smoking’’ signs. ‘‘No smoking’’ (7) Conveyors required. Goods being
signs in large letters on contrasting painted using this process are to be
color background shall be conspicu- supported on conveyors. The conveyors
275
shall be so arranged as to maintain (i) Electrostatic hand spraying equip-

safe distances between the goods and ment—(1) Application. This paragraph
the electrodes or electrostatic atom- shall apply to any equipment using
izing heads at all times. Any irregu- electrostatically charged elements for
larly shaped or other goods subject to the atomization and/or, precipitation
possible swinging or movement shall be of materials for coatings on articles, or
rigidly supported to prevent such for other similar purposes in which the
swinging or movement which would re- atomizing device is hand held and ma-
duce the clearance to less than that nipulated during the spraying oper-
specified in paragraph (h)(6) of this sec- ation.
tion. (2) Conformance. Electrostatic hand
(8) Prohibition. This process is not ac- spraying equipment shall conform with
ceptable where goods being coated are the other provisions of this section.
manipulated by hand. When finishing (3) Equipment approval and specifica-
materials are applied by electrostatic tions. Electrostatic hand spray appa-
equipment which is manipulated by ratus and devices used in connection
hand, see paragraph (i) of this section with coating operations shall be of ap-
for applicable requirements. proved types. The high voltage circuits
(9) Fail-safe controls. Electrostatic ap- shall be designed so as to not produce
paratus shall be equipped with auto- a spark of sufficient intensity to ignite
matic controls which will operate with- any vapor-air mixtures nor result in
out time delay to disconnect the power appreciable shock hazard upon coming
supply to the high voltage transformer in contact with a grounded object
and to signal the operator under any of under all normal operating conditions.
the following conditions: The electrostatically charged exposed
(i) Stoppage of ventilating fans or elements of the handgun shall be capa-
failure of ventilating equipment from ble of being energized only by a switch
any cause. which also controls the coating mate-
(ii) Stoppage of the conveyor car- rial supply.
rying goods through the high voltage (4) Electrical support equipment. Trans-
field. formers, powerpacks, control appa-
(iii) Occurrence of a ground or of an ratus, and all other electrical portions
imminent ground at any point on the of the equipment, with the exception of
high voltage system. the handgun itself and its connections
(iv) Reduction of clearance below to the power supply shall be located
that specified in paragraph (h)(6) of outside of the spraying area or shall
this section. otherwise conform to the requirements
(10) Guarding. Adequate booths, fenc- of paragraph (c) of this section.
ing, railings, or guards shall be so (5) Spray gun ground. The handle of
placed about the equipment that they, the spraying gun shall be electrically
either by their location or character or connected to ground by a metallic con-
both, assure that a safe isolation of the nection and to be so constructed that
process is maintained from plant stor- the operator in normal operating posi-
age or personnel. Such railings, fenc- tion is in intimate electrical contact
ing, and guards shall be of conducting with the grounded handle.
material, adequately grounded. (6) Grounding—general. All elec-
(11) Ventilation. Where electrostatic trically conductive objects in the
atomization is used the spraying area spraying area shall be adequately
shall be so ventilated as to insure safe grounded. This requirement shall apply
conditions from a fire and health to paint containers, wash cans, and any
standpoint. other objects or devices in the area.
(12) Fire protection. All areas used for The equipment shall carry a prominent
spraying, including the interior of the permanently installed warning regard-
booth, shall be protected by automatic ing the necessity for this grounding
sprinklers where this protection is feature.
available. Where this protection is not (7) Maintenance of grounds. Objects
available, other approved automatic being painted or coated shall be main-
extinguishing equipment shall be pro- tained in metallic contact with the
vided. conveyor or other grounded support.
276
Hooks shall be regularly cleaned to in- (4) Alternate use permitted. Auto-
sure this contact and areas of contact mobile refinishing spray booths or en-
shall be sharp points or knife edges closures, otherwise installed and main-
where possible. Points of support of the tained in full conformity with this sec-
object shall be concealed from random tion, may alternately be used for dry-
spray where feasible and where the ob- ing with portable electrical infrared
jects being sprayed are supported from drying apparatus when conforming
a conveyor, the point of attachment to with the following:
the conveyor shall be so located as to (i) Interior (especially floors) of
not collect spray material during nor- spray enclosures shall be kept free of
mal operation. overspray deposits.
(8) Interlocks. The electrical equip-
(ii) During spray operations, the dry-
ment shall be so interlocked with the
ing apparatus and electrical connec-
ventilation of the spraying area that
tions and wiring thereto shall not be
the equipment cannot be operated un-
less the ventilation fans are in oper- located within spray enclosure nor in
ation. any other location where spray resi-
(9) Ventilation. The spraying oper- dues may be deposited thereon.
ation shall take place within a spray (iii) The spraying apparatus, the dry-
area which is adequately ventilated to ing apparatus, and the ventilating sys-
remove solvent vapors released from tem of the spray enclosure shall be
the operation. equipped with suitable interlocks so ar-
(j) Drying, curing, or fusion appa- ranged that:
ratus—(1) Conformance. Drying, curing, (a) The spraying apparatus cannot be
or fusion apparatus in connection with operated while the drying apparatus is
spray application of flammable and inside the spray enclosure.
combustible finishes shall conform to (b) The spray enclosure will be
the Standard for Ovens and Furnaces, purged of spray vapors for a period of
NFPA 86A–1969, which is incorporated not less than 3 minutes before the dry-
by reference as specified in § 1910.6, ing apparatus can be energized.
where applicable and shall also con- (c) The ventilating system will main-
form with the following requirements tain a safe atmosphere within the en-
of this paragraph. closure during the drying process and
(2) Alternate use prohibited. Spray the drying apparatus will automati-
booths, rooms, or other enclosures used cally shut off in the event of failure of
for spraying operations shall not alter- the ventilating system.
nately be used for the purpose of dry- (iv) All electrical wiring and equip-
ing by any arrangement which will ment of the drying apparatus shall con-
cause a material increase in the sur-
form with the applicable sections of
face temperature of the spray booth,
subpart S of this part. Only equipment
room, or enclosure.
of a type approved for Class I, Division
(3) Adjacent system interlocked. Except
2 hazardous locations shall be located
as specifically provided in paragraph
within 18 inches of floor level. All me-
(j)(4) of this section, drying, curing, or
fusion units utilizing a heating system tallic parts of the drying apparatus
having open flames or which may shall be properly electrically bonded
produce sparks shall not be installed in and grounded.
a spraying area, but may be installed (v) The drying apparatus shall con-
adjacent thereto when equipped with tain a prominently located, perma-
an interlocked ventilating system ar- nently attached warning sign indi-
ranged to: cating that ventilation should be main-
(i) Thoroughly ventilate the drying tained during the drying period and
space before the heating system can be that spraying should not be conducted
started; in the vicinity that spray will deposit
(ii) Maintain a safe atmosphere at on apparatus.
any source of ignition; (k) Automobile undercoating in garages.
(iii) Automatically shut down the Automobile undercoating spray oper-
heating system in the event of failure ations in garages, conducted in areas
of the ventilating system. having adequate natural or mechanical
277
ventilation, are exempt from the rein shall conform to paragraph (l)(1) of
quirements pertaining to spray fin- this section.
ishing operations, when using under- (6) Electrostatic hand spraying equip-
coating materials not more hazardous ment. The provisions of paragraph (i) of
than kerosene (as listed by Under- this section and other subparagraphs of
writers’ Laboratories in respect to fire this paragraph, shall apply to electro-
hazard rating 30–40) or undercoating static handguns when used in powder
materials using only solvents listed as coating, except that electrical equip-
having a flash point in excess of 100 °F. ment not covered therein shall conform
Undercoating spray operations not con- to paragraph (l)(1) of this section.
forming to these provisions are subject (7) Electrostatic fluidized beds. (i) Elec-
to all requirements of this section per- trostatic fluidized beds and associated
taining to spray finishing operations. equipment shall be of approved types.
(l) Powder coating—(1) Electrical and The maximum surface temperature of
other sources of ignition. Electrical this equipment in the coating area
equipment and other sources of igni- shall not exceed 150 °F. The high volt-
tion shall conform to the requirements age circuits shall be so designed as to
of paragraphs (c)(1) (i)–(iv), (8) and (9)(i) not produce a spark of sufficient inten-
of this section and subpart S of this sity to ignite any powder-air mixtures
part. nor result in appreciable shock hazard
(2) Ventilation. (i) In addition to the upon coming in contact with a ground-
provisions of paragraph (d) of this sec- ed object under normal operating con-
tion, where applicable, exhaust ventila- ditions.
tion shall be sufficient to maintain the (ii) Transformers, powerpacks, con-
atmosphere below the lowest explosive trol apparatus, and all other electrical
limits for the materials being applied. portions of the equipment, with the ex-
All nondeposited air-suspended powders ception of the charging electrodes and
shall be safely removed via exhaust their connections to the power supply
ducts to the powder recovery cyclone shall be located outside of the powder
or receptacle. Each installation shall coating area or shall otherwise con-
be designed and operated to meet the form to the requirements of paragraph
foregoing performance specification. (l)(1) of this section.
(ii) Powders shall not be released to (iii) All electrically conductive ob-
the outside atmosphere. jects within the charging influence of
(3) Drying, curing, or fusion equipment. the electrodes shall be adequately
The provisions of the Standard for grounded. The powder coating equip-
ovens and furnaces, NFPA No. 86A–1969 ment shall carry a prominent, perma-
shall apply where applicable. nently installed warning regarding the
(4) Operation and maintenance. (i) All necessity for grounding these objects.
areas shall be kept free of the accumu- (iv) Objects being coated shall be
lation of powder coating dusts, particu- maintained in contact with the con-
larly such horizontal surfaces as veyor or other support in order to in-
ledges, beams, pipes, hoods, booths, and sure proper grounding. Hangers shall
floors. be regularly cleaned to insure effective
(ii) Surfaces shall be cleaned in such contact and areas of contact shall be
manner as to avoid scattering dust to sharp points or knife edges where pos-
other places or creating dust clouds. sible.
(iii) ‘‘No Smoking’’ signs in large let- (v) The electrical equipment shall be
ters on contrasting color background so interlocked with the ventilation sys-
shall be conspicuously posted at all tem that the equipment cannot be op-
powder coating areas and powder stor- erated unless the ventilation fans are
age rooms. in operation.
(5) Fixed electrostatic spraying equip- (m) Organic peroxides and dual compo-
ment. The provisions of paragraph (h) of nent coatings—(1) Conformance. All
this section and other subparagraphs of spraying operations involving the use
this paragraph shall apply to fixed of organic peroxides and other dual
electrostatic equipment, except that component coatings shall be conducted
electrical equipment not covered therein approved sprinklered spray booths
278
meeting the requirements of this sec- and heat, unless such compound, mix-
tion. ture, or device is otherwise specifically
(2) Smoking. Smoking shall be prohib- classified by the U.S. Department of
ited and ‘‘No Smoking’’ signs shall be Transportation; see 49 CFR chapter I.
prominently displayed and only non- The term ‘‘explosives’’ shall include all
sparking tools shall be used in any area material which is classified as Class A,
where organic peroxides are stored, Class B, and Class C explosives by the
mixed or applied. U.S. Department of Transportation,
(n) Scope. This section applies to and includes, but is not limited to dy-
flammable and combustible finishing namite, black powder, pellet powders,
materials when applied as a spray by initiating explosives, blasting caps,
compressed air, ‘‘airless’’ or ‘‘hydraulic electric blasting caps, safety fuse, fuse
atomization,’’ steam, electrostatic lighters, fuse igniters, squibs, cordeau
methods, or by any other means in con- detonant fuse, instantaneous fuse, ig-
tinuous or intermittent processes. The niter cord, igniters, small arms ammu-
section also covers the application of nition, small arms ammunition prim-
combustible powders by powder spray ers, smokeless propellant, cartridges
guns, electrostatic powder spray guns, for propellant-actuated power devices,
fluidized beds, or electrostatic fluidized and cartridges for industrial guns.
beds. The section does not apply to Commercial explosives are those explo-
outdoor spray application of buildings, sives which are intended to be used in
tanks, or other similar structures, nor commercial or industrial operations.
to small portable spraying apparatus NOTE 1: Classification of explosives is de-
not used repeatedly in the same loca- scribed by the U.S. Department of Transpor-
tion. tation as follows (see 49 CFR chapter I):
(i) Class A explosives. Possessing, det-
[39 FR 23502, June 27, 1974, as amended at 45 onating, or otherwise maximum haz-
FR 60704, Sept. 12, 1980; 49 FR 5322, Feb. 10,
1984; 53 FR 12121, Apr. 12, 1988; 61 FR 9237,
ard; such as dynamite, nitroglycerin,
Mar. 7, 1996] picric acid, lead azide, fulminate of
mercury, black powder, blasting caps,
§ 1910.108 [Reserved] and detonating primers.
(ii) Class B explosives. Possessing
§ 1910.109 Explosives and blasting flammable hazard, such as propellant
agents. explosives (including some smokeless
(a) Definitions applicable to this sec- propellants), photographic flash pow-
tion—(1) Blasting agent. Blasting ders, and some special fireworks.
agent—any material or mixture, con- (iii) Class C explosives. Includes cer-
sisting of a fuel and oxidizer, intended tain types of manufactured articles
for blasting, not otherwise classified as which contain Class A or Class B explo-
an explosive and in which none of the sives, or both, as components but in re-
ingredients are classified as an explo- stricted quantities.
sive, provided that the finished prod- (iv) Forbidden or not acceptable explo-
uct, as mixed and packaged for use or sives. Explosives which are forbidden or
shipment, cannot be detonated by not acceptable for transportation by
means of a No. 8 test blasting cap when common carriers by rail freight, rail
unconfined. express, highway, or water in accord-
(2) Explosive-actuated power devices. ance with the regulations of the U.S.
Explosive-actuated power device—any Department of Transportation, 49 CFR
tool or special mechanized device chapter I.
which is actuated by explosives, but (4) Highway. Highway—any public
not including propellant-actuated street, public alley, or public road.
power devices. Examples of explosive- (5) [Reserved]
actuated power devices are jet tappers (6) Magazine. Magazine—any building
and jet perforators. or structure, other than an explosives
(3) Explosive. Explosive—any chem- manufacturing building, used for the
ical compound, mixture, or device, the storage of explosives.
primary or common purpose of which is (7) Motor vehicle. Motor vehicle—any
to function by explosion, i.e., with sub- self-propelled vehicle, truck, tractor,
stantially instantaneous release of gas semitrailer, or truck-full trailers used
279
for the transportation of freight over tetranitrate (PETN), hexahydro-1,3,5-

public highways. trinitro-s-triazine (RDX), and other
(8) Propellant-actuated power devices. similar compounds used for high-en-
Propellant-actuated power devices— ergy-rate forming, expanding, and
any tool or special mechanized device shaping in metal fabrication, and for
or gas generator system which is actu- dismemberment and quick reduction of
ated by a smokeless propellant or scrap metal.
which releases and directs work (18) Water gels or slurry explosives.
through a smokeless propellant charge. These comprise a wide variety of mate-
(9) [Reserved] rials used for blasting. They all contain
(10) Pyrotechnics. Pyrotechnics—any substantial proportions of water and
combustible or explosive compositions high proportions of ammonium nitrate,
or manufactured articles designed and some of which is in solution in the
prepared for the purpose of producing water. Two broad classes of water gels
audible or visible effects which are are (i) those which are sensitized by a
commonly referred to as fireworks. material classed as an explosive, such
(11) [Reserved] as TNT or smokeless powder, (ii) those
(12) Semiconductive hose. which contain no ingredient classified
Semiconductive hose—a hose with an as an explosive; these are sensitized
electrical resistance high enough to with metals such as aluminum or with
limit flow of stray electric currents to other fuels. Water gels may be
safe levels, yet not so high as to pre- premixed at an explosives plant or
vent drainage of static electric charges mixed at the site immediately before
to ground; hose of not more than 2 delivery into the borehole.
megohms resistance over its entire (19) DOT specifications. Regulations of
length and of not less than 5,000 ohms the Department of Transportation pub-
per foot meets the requirement. lished in 49 CFR chapter I.
(13) Small arms ammunition. Small (b) Miscellaneous provisions—(1) Gen-
arms ammunition—any shotgun, rifle, eral hazard. No person shall store, han-
pistol, or revolver cartridge, and car- dle, or transport explosives or blasting
tridges for propellant-actuated power agents when such storage, handling,
devices and industrial guns. Military- and transportation of explosives or
type ammunition containing explosive- blasting agents constitutes an undue
bursting charges, incendiary, tracer, hazard to life.
spotting, or pyrotechnic projectiles is (2) [Reserved]
excluded from this definition. (c) Storage of explosives—(1) General
(14) Small arms ammunition primers. provisions. (i) All Class A, Class B, Class
Small arms ammunition primers— C explosives, and special industrial ex-
small percussion-sensitive explosive plosives, and any newly developed and
charges, encased in a cup, used to ig- unclassified explosives, shall be kept in
nite propellant powder. magazines which meet the require-
(15) Smokeless propellants. Smokeless ments of this paragraph.
propellants—solid propellants, com- (ii) Blasting caps, electric blasting
monly called smokeless powders in the caps, detonating primers, and primed
trade, used in small arms ammunition, cartridges shall not be stored in the
cannon, rockets, propellant-actuated same magazine with other explosives.
power devices, etc. (iii) Ground around magazines shall
(16) Special industrial explosives de- slope away for drainage. The land sur-
vices. Special industrial explosives de- rounding magazines shall be kept clear
vices—explosive-actuated power de- of brush, dried grass, leaves, and other
vices and propellant-actuated power materials for a distance of at least 25
devices. feet.
(17) Special industrial explosives mate- (iv) Magazines as required by this
rials. Special industrial explosives ma- paragraph shall be of two classes;
terials—shaped materials and sheet namely, Class I magazines, and Class II
forms and various other extrusions, magazines.
pellets, and packages of high explo- (v) Class I magazines shall be re-
sives, which include dynamite, tri- quired where the quantity of explosives
nitrotoluene (TNT), pentaerythritol stored is more than 50 pounds. Class II
280
magazines may be used where the TABLE H–21—AMERICAN TABLE OF DISTANCES

quantity of explosives stored is 50 FOR STORAGE OF EXPLOSIVES 1–5—Continued
pounds or less. [As revised and approved by the Institute of Makers of
(vi) Class I magazines shall be lo- Explosives, June 5, 1964]
cated away from other magazines in Explosives Distances in feet
conformity with Table H–21. when storage is
barricaded: Sepa-
Pounds over Pounds not over ration of maga-
TABLE H–21—AMERICAN TABLE OF DISTANCES zines
FOR STORAGE OF EXPLOSIVES 1–5
120,000 130,000 215
[As revised and approved by the Institute of Makers of
Explosives, June 5, 1964] 130,000 140,000 225
140,000 150,000 235
Explosives Distances in feet 150,000 160,000 245
when storage is 160,000 170,000 255
barricaded: Sepa- 170,000 180,000 265
Pounds over Pounds not over ration of maga- 180,000 190,000 275
zines 190,000 200,000 285
200,000 210,000 295
2 5 6
5 10 8 210,000 230,000 315
10 20 10 230,000 250,000 335
20 30 11 250,000 275,000 360
30 40 12 275,000 300,000 385
40 50 14 1 ‘‘Natural barricade’’ means natural features of the ground,
50 75 15 such as hills, or timber of sufficient density that the sur-
75 100 16 rounding exposures which require protection cannot be seen
100 125 18 from the magazine when the trees are bare of leaves.
2 ‘‘Artificial barricade’’ means an artificial mound or revetted
125 150 19
150 200 21 wall of earth of a minimum thickness of three feet.
3 ‘‘Barricaded’’ means that a building containing explosives
200 250 23
is effectually screened from a magazine, building, railway, or
250 300 24 highway, either by a natural barricade, or by an artificial barri-
300 400 27 cade of such height that a straight line from the top of any
400 500 29 sidewall of the building containing explosives to the eave line
500 600 31 of any magazine, or building, or to a point 12 feet above the
600 700 32 center of a railway or highway, will pass through such inter-
700 800 33 vening natural or artificial barricade.
4 When two or more storage magazines are located on the
800 900 35 same property, each magazine must comply with the min-
900 1,000 36 imum distances specified from inhabited buildings, railways,
1,000 1,200 39 and highways, and in addition, they should be separated from
1,200 1,400 41 each other by not less than the distances shown for ‘‘Separa-
1,400 1,600 43 tion of Magazines,’’ except that the quantity of explosives con-
1,600 1,800 44 tained in cap magazines shall govern in regard to the spacing
1,800 2,000 45 of said cap magazines from magazines containing other ex-
plosives. If any two or more magazines are separated from
2,000 2,500 49 each other by less than the specified ‘‘Separation of Maga-
2,500 3,000 52 zines’’ distances, then such two or more magazines, as a
3,000 4,000 58 group, must be considered as one magazine, and the total
4,000 5,000 61 quantity of explosives stored in such group must be treated as
5,000 6,000 65 if stored in a single magazine located on the site of any mag-
6,000 7,000 68 azine of the group, and must comply with the minimum of dis-
7,000 8,000 72 tances specified from other magazines, inhabited buildings,
railways, and highways.
8,000 9,000 75 5 This table applies only to the permanent storage of com-
9,000 10,000 78 mercial explosives. It is not applicable to transportation of ex-
10,000 12,000 82 plosives, or any handling or temporary storage necessary or
12,000 14,000 87 incident thereto. It is not intended to apply to bombs, projec-
14,000 16,000 90 tiles, or other heavily encased explosives.
16,000 18,000 94
18,000 20,000 98 (vii) Except as provided in subdivi-
20,000 25,000 105 sion (viii) of this subparagraph, class II
25,000 30,000 112 magazines shall be located in con-
30,000 35,000 119
35,000 40,000 124 formity with Table H–21, but may be
40,000 45,000 129 permitted in warehouses and in whole-
45,000 50,000 135 sale and retail establishments when lo-
50,000 55,000 140
55,000 60,000 145 cated on a floor which has an entrance
60,000 65,000 150 at outside grade level and the magazine
65,000 70,000 155 is located not more than 10 feet from
70,000 75,000 160
75,000 80,000 165
such an entrance. Two class II maga-
80,000 85,000 170 zines may be located in the same build-
85,000 90,000 175 ing when one is used only for blasting
90,000 95,000 180 caps in quantities not in excess of 5,000
95,000 100,000 185
caps and a distance of 10 feet is main-
100,000 110,000 195

110,000 120,000 205 tained between magazines.
281
(viii) When used for temporary stor- (a) The radiant heating coils within
age at a site for blasting operations, the building shall be installed in such a
class II magazines shall be located manner that the explosives or explo-
away from other magazines. A distance sives containers cannot contact the
of at least one hundred and fifty (150) coils and air is free to circulate be-
feet shall be maintained between class tween the coils and the explosives or
II magazines and the work in progress explosives containers.
when the quantity of explosives kept (b) The heating ducts shall be in-
therein is in excess of 25 pounds, and at stalled in such a manner that the hot-
least 50 feet when the quantity of ex- air discharge from the duct is not di-
plosives is 25 pounds, or less. rected against the explosives or explo-
(ix) This paragraph (c) does not apply sives containers.
to: (c) The heating device used in con-
(a) Stocks of small arms ammuni- nection with a magazine shall have
tion, propellant-actuated power car- controls which prevent the ambient
tridges, small arms ammunition prim- building temperature from exceeding
ers in quantities of less than 750,000, or 130 °F.
of smokeless propellants in quantities (d) The electric fan or pump used in
less than 750 pounds; the heating system for a magazine
(b) Explosive-actuated power devices shall be mounted outside and separate
when in quantities less than 50 pounds from the wall of the magazine and shall
net weight of explosives; be grounded.
(c) Fuse lighters and fuse igniters; (e) The electric fan motor and the
(d) Safety fuses other than cordeau controls for electrical heating devices
detonant fuses. used in heating water or steam shall
(2) Construction of magazines—general. have overloads and disconnects, which
(i) Magazines shall be constructed in comply with subpart S of this part. All
conformity with the provisions of this electrical switch gear shall be located
paragraph. a minimum distance of 25 feet from the
(ii) Magazines for the storage of ex- magazine.
plosives, other than black powder, (f) The heating source for water or
Class B and Class C explosives shall be steam shall be separated from the mag-
bullet resistant, weather resistant, fire azine by a distance of not less than 25
resistant, and ventilated sufficiently to feet when electrical and 50 feet when
protect the explosive in the specific lo- fuel fired. The area between the heat-
cality. Magazines used only for storage ing unit and the magazine shall be
of black powder, Class B and Class C cleared of all combustible materials.
explosives shall be weather resistant, (g) The storage of explosives and ex-
fire-resistant, and have ventilation. plosives containers in the magazine
Magazines for storage of blasting and shall allow uniform air circulation so
electric blasting caps shall be weather product temperature uniformity can be
resistant, fire-resistant, and venti- maintained.
lated. (vi) When lights are necessary inside
(iii) Property upon which Class I the magazine, electric safety flash-
magazines are located and property light, or electric safety lanterns shall
where Class II magazines are located be used.
outside of buildings shall be posted (3) Construction of Class I magazines.
with signs reading ‘‘Explosives—Keep (i) Class I magazines shall be of ma-
Off.’’ sonry construction or of wood or of
(iv) Magazines requiring heat shall be metal construction, or a combination
heated by either hot-water radiant of these types. Thickness of masonry
heating with the magazine building; or units shall not be less than 8 inches.
air directed into the magazine building Hollow masonry units used in con-
over either hot water or low pressure struction required to be bullet resist-
steam (15 p.s.i.g.) coils located outside ant shall have all hollow spaces filled
the magazine building. with weak cement or well-tamped sand.
(v) The magazine heating systems Wood constructed walls, required to be
shall meet the following requirements: bullet resistant, shall have at least a 6-
282
inch space between interior and exte- (ii) Wood magazines of this class
rior sheathing and the space between shall have sides, bottom, and cover
sheathing shall be filled with well- constructed of 2-inch hardwood boards
tamped sand. Metal wall construction, well braced at corners and protected by
when required to be bullet resistant, being entirely covered with sheet
shall be lined with brick at least 4 metal of not less than No. 20 gage. All
inches in thickness or shall have at nails exposed to the interior of the
least a 6-inch sandfill between interior magazine shall be well countersunk.
and exterior walls. All metal magazines of this class shall
(ii) Floors and roofs of masonry mag- have sides, bottom, and cover con-
azines may be of wood construction. structed of sheet metal, and shall be
Wood floors shall be tongue and lined with three-eighths-inch plywood
grooved lumber having a nominal or equivalent. Edges of metal covers
thickness of 1 inch. shall overlap sides at least 1 inch.
(iii) Roofs required to be bullet re- (iii) Covers for both wood- and metal-
sistant shall be protected by a sand constructed magazines of this class
tray located at the line of eaves and shall be provided with substantial
covering the entire area except that strap hinges and shall be provided with
necessary for ventilation. Sand in the substantial means for locking.
sand tray shall be maintained at a (iv) Magazines of this class shall be
depth of not less than 4 inches. painted red and shall bear lettering in
(iv) All wood at the exterior of maga- white, on all sides and top, at least 3
zines, including eaves, shall be pro- inches high, ‘‘Explosives—Keep Fire
tected by being covered with black or Away.’’ Class II magazines when lo-
galvanized steel or aluminum metal of cated in warehouses, and in wholesale
thickness of not less than No. 26 gage. and retail establishments shall be pro-
All nails exposed to the interior of vided with substantial wheels or cast-
magazines shall be well countersunk. ers to facilitate easy removal in the
(v) Foundations for magazines shall case of fire. Where necessary due to cli-
be of substantial construction and ar- matic conditions, Class II magazines
ranged to provide good cross ventila- shall be ventilated.
tion. (5) Storage within magazines. (i) Pack-
(vi) Magazines shall be ventilated ages of explosives shall be laid flat
sufficiently to prevent dampness and with top side up. Black powder when
heating of stored explosives. Ven- stored in magazines with other explo-
tilating openings shall be screened to sives shall be stored separately. Black
prevent the entrance of sparks. powder stored in kegs shall be stored
(vii) Openings to magazines shall be on ends, bungs down, or on side, seams
restricted to that necessary for the down. Corresponding grades and brands
placement and removal of stocks of ex- shall be stored together in such a man-
plosives. Doors for openings in maga- ner that brands and grade marks show.
zines for Class A explosives shall be All stocks shall be stored so as to be
bullet resistant. Doors for magazines easily counted and checked. Packages
not required to be bullet resistant shall of explosives shall be piled in a stable
be designed to prevent unauthorized manner. When any kind of explosive is
entrance to the magazine. removed from a magazine for use, the
(viii) [Reserved] oldest explosive of that particular kind
(ix) Provisions shall be made to pre- shall always be taken first.
vent the piling of stocks of explosives (ii) Packages of explosives shall not
directly against masonry walls, brick- be unpacked or repacked in a magazine
lined or sand-filled metal walls and sin- nor within 50 feet of a magazine or in
gle-thickness metal walls; such protec- close proximity to other explosives.
tion, however, shall not interfere with Tools used for opening packages of ex-
proper ventilation at the interior of plosives shall be constructed of non-
side and end walls. sparking materials, except that metal
(4) Construction of Class II magazines. slitters may be used for opening fiber-
(i) Class II magazines shall be of wood board boxes. A wood wedge and a fiber,
or metal construction, or a combina- rubber, or wood mallet shall be used for
tion thereof. opening or closing wood packages of
283
explosives. Opened packages of explo- for the enforcement of all safety pre-
sives shall be securely closed before cautions.
being returned to a magazine. (ix) Explosives recovered from blast-
(iii) Magazines shall not be used for ing misfires shall be placed in a sepa-
the storage of any metal tools nor any rate magazine until competent per-
commodity except explosives, but this sonnel has determined from the manu-
restriction shall not apply to the stor- facturer the method of disposal. Caps
age of blasting agents and blasting sup- recovered from blasting misfires shall
plies. not be reused. Such explosives and caps
(iv) Magazine floors shall be regu- shall then be disposed of in the manner
larly swept, kept clean, dry, free of recommended by the manufacturer.
grit, paper, empty used packages, and (d) Transportation of explosives—(1)
rubbish. Brooms and other cleaning General provisions. (i) No employee
utensils shall not have any spark-pro- shall be allowed to smoke, carry
ducing metal parts. Sweepings from matches or any other flame-producing
floors of magazines shall be properly device, or carry any firearms or loaded
disposed of. Magazine floors stained cartridges while in or near a motor ve-
with nitroglycerin shall be cleaned ac- hicle transporting explosives; or drive,
cording to instructions by the manu- load, or unload such vehicle in a care-
facturer. less or reckless manner.
(v) When any explosive has deterio- (ii) [Reserved]
rated to an extent that it is in an un- (iii) Explosives shall not be trans-
stable or dangerous condition, or if ni- ferred from one vehicle to another
troglycerin leaks from any explosives, within the confines of any jurisdiction
then the person in possession of such (city, county, State, or other area)
explosive shall immediately proceed to without informing the fire and police
destroy such explosive in accordance departments thereof. In the event of
with the instructions of the manufac- breakdown or collision the local fire
turer. Only experienced persons shall and police departments shall be
be allowed to do the work of destroying promptly notified to help safeguard
explosives. such emergencies. Explosives shall be
(vi) When magazines need inside re- transferred from the disabled vehicle
pairs, all explosives shall be removed to another only, when proper and
therefrom and the floors cleaned. In qualified supervision is provided.
making outside repairs, if there is a (iv) Blasting caps or electric blasting
possibility of causing sparks or fire the caps shall not be transported over the
explosives shall be removed from the highways on the same vehicles with
magazine. Explosives removed from a other explosives, unless packaged, seg-
magazine under repair shall either be regated, and transported in accordance
placed in another magazine or placed a with the Department of Transpor-
safe distance from the magazine where tation’s Hazardous Materials Regula-
they shall be properly guarded and pro- tions (49 CFR parts 177–180).
tected until repairs have been com- (2) Transportation vehicles. (i) Vehicles
pleted, when they shall be returned to used for transporting explosives shall
the magazine. be strong enough to carry the load
(vii) Smoking, matches, open flames, without difficulty and be in good me-
spark-producing devices, and firearms chanical condition. If vehicles do not
(except firearms carried by guards) have a closed body, the body shall be
shall not be permitted inside of or covered with a flameproof and mois-
within 50 feet of magazines. The land tureproof tarpaulin or other effective
surrounding a magazine shall be kept protection against moisture and
clear of all combustible materials for a sparks. All vehicles used for the trans-
distance of at least 25 feet. Combus- portation of explosives shall have tight
tible materials shall not be stored floors and any exposed spark-producing
within 50 feet of magazines. metal on the inside of the body shall be
(viii) Magazines shall be in the covered with wood or other non-
charge of a competent person at all sparking materials to prevent contact
times and who shall be held responsible with packages of explosives. Packages
284
of explosives shall not be loaded above guishers, each having a rating of at

the sides of an open-body vehicle. least 10–BC.
(ii) Every vehicle used for trans- (a) Only extinguishers listed or ap-
porting explosives and oxidizing mate- proved by a nationally recognized test-
rials listed in paragraph (d)(2)(ii)(a) of ing laboratory shall be deemed suitable
this section shall be marked as follows: for use on explosives-carrying vehicles.
(a) Exterior markings or placards re- Refer to § 1910.155(c)(3)(iv)(A) for defini-
quired on applicable vehicles shall be tion of listed, and § 1910.7 for nationally
as follows for the various classes of recognized testing laboratory.
commodities: (b) Extinguishers shall be filled and
ready for immediate use and located
Commodity Type of marking or near the driver’s seat. Extinguishers
placard
shall be examined periodically by a
Explosives, Class A, any quantity Explosives A (Red letters competent person.
or a combination of Class A on white background). (iv) A motor vehicle used for trans-
and Class B explosives. porting explosives shall be given the
Explosives, Class B, and quantity Explosives B (Red letters
on white background).
following inspection to determine that
Oxidizing material (blasting Oxidizers (Yellow letters it is in proper condition for safe trans-
agents, ammonium nitrate, on black background). portation of explosives:
etc.), 1,000 pounds or more (a) Fire extinguishers shall be filled
gross weight.
and in working order.
(b) All electrical wiring shall be com-
(b) [Reserved] pletely protected and securely fastened
(c) Such markings or placards shall to prevent short-circuiting.
be displayed at the front, rear, and on (c) Chassis, motor, pan, and underside
each side of the motor vehicle or trail- of body shall be reasonably clean and
er, or other cargo carrying body while free of excess oil and grease.
it contains explosives or other dan- (d) Fuel tank and feedline shall be se-
gerous articles of such type and in such cure and have no leaks.
quantity as specified in paragraph (e) Brakes, lights, horn, windshield
(d)(1)(ii)(a) of this subdivision. The wipers, and steering apparatus shall
front marking or placard may be dis- function properly.
played on the front of either the truck, (f) Tires shall be checked for proper
truck body, truck tractor or the trail- inflation and defects.
er. (g) The vehicle shall be in proper con-
(d) Any motor vehicle, trailer, or dition in every other respect and ac-
other cargo-carrying body containing ceptable for handling explosives.
more than one kind of explosive as well (3) Operation of transportation vehicles.
as an oxidizing material requiring a (i) Vehicles transporting explosives
placard under the provisions of para- shall only be driven by and be in the
graph (d)(2)(ii)(a), the aggregate gross charge of a driver who is familiar with
weight of which totals 1,000 pounds or the traffic regulations, State laws, and
more, shall be marked or placarded the provisions of this section.
‘‘Dangerous’’ as well as ‘‘Explosive A’’ (ii) Except under emergency condi-
or ‘‘Explosive B’’ as appropriate. If ex- tions, no vehicle transporting explo-
plosives Class A and explosives Class B sives shall be parked before reaching
are loaded on the same vehicle, the its destination, even though attended,
‘‘Explosives B’’ marking need not be on any public street adjacent to or in
displayed. proximity to any place where people
(e) In any combination of two or work.
more vehicles containing explosives or (iii) Every motor vehicle trans-
other dangerous articles each vehicle porting any quantity of Class A or
shall be marked or placarded as to its Class B explosives shall, at all times,
contents and in accordance with para- be attended by a driver or other at-
graphs (d)(2)(ii) (a) and (c) of this sub- tendant of the motor carrier. This at-
division. tendant shall have been made aware of
(iii) Each motor vehicle used for the class of the explosive material in
transporting explosives shall be the vehicle and of its inherent dangers,
equipped with a minimum of two extin- and shall have been instructed in the
285
measures and procedures to be followed flame. No person shall be allowed to

in order to protect the public from handle explosives while under the in-
those dangers. He shall have been made fluence of intoxicating liquors, nar-
familiar with the vehicle he is as- cotics, or other dangerous drugs.
signed, and shall be trained, supplied (ii) Original containers or Class II
with the necessary means, and author- magazines shall be used for taking det-
ized to move the vehicle when required. onators and other explosives from stor-
(a) For the purpose of this subdivi- age magazines to the blasting area.
sion, a motor vehicle shall be deemed (iii) When blasting is done in con-
‘‘attended’’ only when the driver or gested areas or in close proximity to a
other attendant is physically on or in structure, or any other installation
the vehicle, or has the vehicle within that may be damaged, the blast shall
his field of vision and can reach it be covered before firing with a mat
quickly and without any kind of inter- constructed so that it is capable of pre-
ference ‘‘attended’’ also means that the venting fragments from being thrown.
driver or attendant is awake, alert, and (iv) Persons authorized to prepare ex-
not engaged in other duties or activi- plosive charges or conduct blasting op-
ties which may divert his attention erations shall use every reasonable pre-
from the vehicle, except for necessary caution, including but not limited to
communication with public officers, or warning signals, flags, barricades, or
representatives of the carrier shipper, woven wire mats to insure the safety of
or consignee, or except for necessary the general public and workmen.
absence from the vehicle to obtain food (v) Blasting operations shall be con-
or to provide for his physical comfort. ducted during daylight hours.
(b) However, an explosive-laden vehi- (vi) Whenever blasting is being con-
cle may be left unattended if parked ducted in the vicinity of gas, electric,
within a securely fenced or walled area water, fire alarm, telephone, telegraph,
with all gates or entrances locked and steam utilities, the blaster shall
where parking of such vehicle is other- notify the appropriate representatives
wise permissible, or at a magazine site of such utilities at least 24 hours in ad-
established solely for the purpose of vance of blasting, specifying the loca-
storing explosives. tion and intended time of such blast-
(iv) No spark-producing metal, sparking. Verbal notice shall be confirmed
producing metal tools, oils, matches, with written notice.
firearms, electric storage batteries, (vii) Due precautions shall be taken
flammable substances, acids, oxidizing to prevent accidental discharge of elec-
materials, or corrosive compounds tric blasting caps from current induced
shall be carried in the body of any by radar, radio transmitters, lightning,
motor truck and/or vehicle trans- adjacent powerlines, dust storms, or
porting explosives, unless the loading other sources of extraneous electricity.
of such dangerous articles and the ex- These precautions shall include:
plosives comply with U.S. Department (a) The suspension of all blasting op-
of Transportation regulations. erations and removal of persons from
(v) Vehicles transporting explosives the blasting area during the approach
shall avoid congested areas and heavy and progress of an electric storm.
traffic. Where routes through con- (b) The posting of signs warning
gested areas have been designated by against the use of mobile radio trans-
local authorities such routes shall be mitters on all roads within 350 feet of
followed. the blasting operations.
(vi) Delivery shall only be made to (2) Storage at use sites. (i) Empty con-
authorized persons and into authorized tainers and paper and fiber packing
magazines or authorized temporary materials which have previously con-
storage or handling areas. tained explosive materials shall be dis-
(e) Use of explosives and blasting posed of in a safe manner, or reused in
agents—(1) General provisions. (i) While accordance with the Department of
explosives are being handled or used, Transportation’s Hazardous Materials
smoking shall not be permitted and no Regulations (49 CFR parts 177–180).
one near the explosives shall possess (ii) Containers of explosives shall not
matches, open light or other fire or be opened in any magazine or within 50
286
feet of any magazine. In opening kegs a wooden punch of proper size or stand-
or wooden cases, no sparking metal ard cap crimper.
tools shall be used; wooden wedges and (v) Explosives shall not be extracted
either wood, fiber or rubber mallets from a hole that has once been charged
shall be used. Nonsparking metallic or has misfired unless it is impossible
slitters may be used for opening fiber- to detonate the unexploded charge by
board cases. insertion of a fresh additional primer.
(iii) Explosives or blasting equipment (vi) If there are any misfires while
that are obviously deteriorated or dam- using cap and fuse, all persons shall be
aged shall not be used. required to remain away from the
(iv) No explosives shall be abandoned. charge for at least 1 hour. If electric
(3) Loading of explosives in blast holes. blasting caps are used and a misfire oc-
(i) All drill holes shall be sufficiently curs, this waiting period may be re-
large to admit freely the insertion of duced to 30 minutes. Misfires shall be
the cartridges of explosives. handled under the direction of the per-
(ii) Tamping shall be done only with son in charge of the blasting and all
wood rods without exposed metal parts, wires shall be carefully traced and
but nonsparking metal connectors may search made for unexploded charges.
be used for jointed poles. Violent tamp- (vii) Blasters, when testing circuits
ing shall be avoided. Primed cartridges to charged holes, shall use only blast-
shall not be tamped. ing galvanometers designed for this
(iii) When loading blasting agents purpose.
pneumatically over electric blasting (viii) Only the employee making
caps, semiconductive delivery hose leading wire connections in electrical
shall be used and the equipment shall firing shall be allowed to fire the shot.
be bonded and grounded. Leading wires shall remain shorted and
not be connected to the blasting ma-
(iv) No holes shall be loaded except
chine or other source of current until
those to be fired in the next round of
the charge is to be fired.
blasting. After loading, all remaining
(5) Warning required. Before a blast is
explosives shall be immediately re-
fired, the employer shall require that a
turned to an authorized magazine.
loud warning signal be given by the
(v) Drilling shall not be started until
person in charge, who has made certain
all remaining butts of old holes are ex-
that all surplus explosives are in a safe
amined with a wooden stick for
place, all persons and vehicles are at a
unexploded charges, and if any are
safe distance or under sufficient cover,
found, they shall be refired before work
and that an adequate warning has been
proceeds.
given.
(vi) No person shall be allowed to (f) Explosives at piers, railway stations,
deepen drill holes which have con- and cars or vessels not otherwise specified
tained explosives. in this standard—(1) Railway cars. Ex-
(vii) After loading for a blast is com- cept in an emergency and with permis-
pleted, all excess blasting caps or elec- sion of the local authority, no person
tric blasting caps and other explosives shall have or keep explosives in a rail-
shall immediately be returned to their way car unless said car and contents
separate storage magazines. and methods of loading are in accord-
(4) Initiation of explosive charges. ance with the U.S. Department of
(i) [Reserved] Transportation Regulations for the
(ii) When fuse is used, the blasting Transportation of Explosives, 49 CFR
cap shall be securely attached to the chapter I.
safety fuse with a standard-ring type (2) Packing and marking. No person
cap crimper. All primers shall be as- shall deliver any explosive to any car-
sembled at least 50 feet from any maga- rier unless such explosive conforms in
zine. all respects, including marking and
(iii) Primers shall be made up only as packing, to the U.S. Department of
required for each round of blasting. Transportation Regulations for the
(iv) No blasting cap shall be inserted Transportation of Explosives.
in the explosives without first making (3) Marking cars. Every railway car
a hole in the cartridge for the cap with containing explosives which has
287
reached its designation, or is stopped lated and isolated by a firewall. The ex-
in transit so as no longer to be in inter- haust systems on all such engines shall
state commerce, shall have attached to be located so any spark emission can-
both sides and ends of the car, cards not be a hazard to any materials in or
with the words ‘‘Explosives—Handle adjacent to the plant.
Carefully—Keep Fire Away’’ in red let- (iii) Equipment used for mixing
ters at least 11⁄2 inches high on a white blasting agents shall conform to the re-
background. quirements of this subdivision.
(4) Storage. Any explosives at a rail- (a) The design of the mixer shall min-
way facility, truck terminal, pier, imize the possibility of frictional heat-
wharf harbor facility, or airport tering, compaction, and especially con-
minal whether for delivery to a confinement. All bearings and drive as-
signee, or forwarded to some other des- semblies shall be mounted outside the
tination shall be kept in a safe place, mixer and protected against the accu-
isolated as far as practicable and in mulation of dust. All surfaces shall be
such manner that they can be easily accessible for cleaning.
and quickly removed. (b) Mixing and packaging equipment
(5) Hours of transfer. Explosives shall shall be constructed of materials com-
not be delivered to or received from patible with the fuel-ammonium ni-
any railway station, truck terminal, trate composition.
pier, wharf, harbor facility, or airport (c) Suitable means shall be provided
terminal between the hours of sunset to prevent the flow of fuel oil to the
and sunrise. mixer in case of fire. In gravity flow
(g) Blasting agents—(1) General. Unless systems an automatic spring-loaded
otherwise set forth in this paragraph, shutoff valve with fusible link shall be
blasting agents, excluding water gels, installed.
shall be transported, stored, and used (iv) The provisions of this subdivision
in the same manner as explosives. shall be considered when determining
Water gels are covered in paragraph (h) blasting agent compositions.
of this section.
(a) The sensitivity of the blasting
(2) Fixed location mixing. (i) [Re-
agent shall be determined by means of
served]
a No. 8 test blasting cap at regular in-
(ii) Buildings used for the mixing of
tervals and after every change in for-
blasting agents shall conform to the re-
mulation.
quirements of this section.
(a) Buildings shall be of noncombus- (b) Oxidizers of small particle size,
tible construction or sheet metal on such as crushed ammonium nitrate
wood studs. prills or fines, may be more sensitive
(b) Floors in a mixing plant shall be than coarser products and shall, there-
of concrete or of other nonabsorbent fore, be handled with greater care.
materials. (c) No hydrocarbon liquid fuel with
(c) All fuel oil storage facilities shall flashpoint lower than that of No. 2 die-
be separated from the mixing plant and sel fuel oil 125 °F. minimum shall be
located in such a manner that in case used.
of tank rupture, the oil will drain away (d) Crude oil and crankcase oil shall
from the mixing plant building. not be used.
(d) The building shall be well venti- (e) Metal powders such as aluminum
lated. shall be kept dry and shall be stored in
(e) Heating units which do not depend containers or bins which are moisture-
on combustion processes, when prop- resistant or weathertight. Solid fuels
erly designed and located, may be used shall be used in such manner as to min-
in the building. All direct sources of imize dust explosion hazards.
heat shall be provided exclusively from (f) Peroxides and chlorates shall not
units located outside the mixing build- be used.
ing. (v) All electrical switches, controls,
(f) All internal-combustion engines motors, and lights located in the mix-
used for electric power generation shall ing room shall conform to the require-
be located outside the mixing plant ments in subpart S of this part for
building, or shall be properly venti- Class II, Division 2 locations; otherwise
288
they shall be located outside the mix- form with the requirements of this
ing room. The frame of the mixer and paragraph (ii).
all other equipment that may be used (a) The body shall be constructed of
shall be electrically bonded and be pro- noncombustible materials.
vided with a continuous path to the (b) Vehicles used to transport bulk
ground. premixed blasting agents on public
(vi) Safety precautions at mixing highways shall have closed bodies.
plants shall include the requirements (c) All moving parts of the mixing
of this subdivision. system shall be designed as to prevent
(a) Floors shall be constructed so as a heat buildup. Shafts or axles which
to eliminate floor drains and piping contact the product shall have out-
into which molten materials could flow board bearings with 1-inch minimum
and be confined in case of fire. clearance between the bearings and the
(b) The floors and equipment of the outside of the product container. Par-
mixing and packaging room shall be ticular attention shall be given to the
cleaned regularly and thoroughly to clearances on all moving parts.
prevent accumulation of oxidizers or
(d) A bulk delivery vehicle shall be
fuels and other sensitizers.
strong enough to carry the load with-
(c) The entire mixing and packaging
out difficulty and be in good mechan-
plant shall be cleaned regularly and
ical condition.
thoroughly to prevent excessive accu-
mulation of dust. (iii) Operation of bulk delivery vehi-
(d) Smoking, matches, open flames, cles shall conform to the requirements
spark-producing devices, and firearms of this subdivision. These include the
(except firearms carried by guards) placarding requirements as specified by
shall not be permitted inside of or Department of Transportation.
within 50 feet of any building or facil- (a) The operator shall be trained in
ity used for the mixing of blasting the safe operation of the vehicle to-
agents. gether with its mixing, conveying, and
(e) The land surrounding the mixing related equipment. The employer shall
plant shall be kept clear of brush, dried assure that the operator is familiar
grass, leaves, and other materials for a with the commodities being delivered
distance of at least 25 feet. and the general procedure for handling
(f) Empty ammonium nitrate bags emergency situations.
shall be disposed of daily in a safe man- (b) The hauling of either blasting
ner. caps or other explosives but not both,
(g) No welding shall be permitted or shall be permitted on bulk trucks pro-
open flames used in or around the mix- vided that a special wood or non-
ing or storage area of the plant unless ferrous-lined container is installed for
the equipment or area has been com- the explosives. Such blasting caps or
pletely washed down and all oxidizer other explosives shall be in DOT-speci-
material removed. fied shipping containers: see 49 CFR
(h) Before welding or repairs to hol- chapter I.
low shafts, all oxidizer material shall (c) No person shall smoke, carry
be removed from the outside and inside matches or any flame-producing de-
of the shaft and the shaft vented with vice, or carry any firearms while in or
a minimum one-half inch diameter about bulk vehicles effecting the mix-
opening. ing transfer or down-the-hole loading
(i) Explosives shall not be permitted of blasting agents at or near the blast-
inside of or within 50 feet of any building site.
ing or facility used for the mixing of (d) Caution shall be exercised in the
blasting agents. movement of the vehicle in the blast-
(3) Bulk delivery and mixing vehicles. ing area to avoid driving the vehicle
(i) The provisions of this paragraph over or dragging hoses over firing lines,
shall apply to off-highway private oper- cap wires, or explosive materials. The
ations as well as to all public highway employer shall assure that the driver,
movements. in moving the vehicle, has assistance of
(ii) A bulk vehicle body for delivering a second person to guide his move-
and mixing blasting agents shall con- ments.
289
(e) No intransit mixing of materials public highways, in accordance with

shall be performed. Table-21 and separation from other
(iv) Pneumatic loading from bulk de- blasting agent storage and explosives
livery vehicles into blastholes primed storage shall be in conformity with
with electric blasting caps or other Table H–22.
static-sensitive systems shall conform (vi) Bins containing ammonium ni-
to the requirements of this subdivision. trate shall be separated from blasting
(a) A positive grounding device shall agent storage and explosives storage in
be used to prevent the accumulation of conformity with Table H–22.
static electricity.
(b) A discharge hose shall be used TABLE H–22—TABLE OF RECOMMENDED SEPA-
that has a resistance range that will RATION DISTANCES OF AMMONIUM NITRATE
prevent conducting stray currents, but AND BLASTING AGENTS FROM EXPLOSIVES OR
that is conductive enough to bleed off BLASTING AGENTS 1–6
static buildup.
Donor weight Minimum separation
(c) A qualified person shall evaluate Minimum
distance of receptor thickness
all systems to determine if they will when barricaded 2 (ft.) of artificial
adequately dissipate static under po- Pounds Pounds barri-
Ammo-
over not over Blasting cades 5
tential field conditions. nium ni- agent 4 (in.)
trate 3
(v) Repairs to bulk delivery vehicles
shall conform to the requirements of 100 3 11 12
this section. 100 300 4 14 12
300 600 5 18 12
(a) No welding or open flames shall
600 1,000 6 22 12
be used on or around any part of the 1,000 1,600 7 25 12
delivery equipment unless it has been 1,600 2,000 8 29 12
completely washed down and all oxi- 2,000 3,000 9 32 15
dizer material removed. 3,000 4,000 10 36 15
4,000 6,000 11 40 15
(b) Before welding or making repairs 6,000 8,000 12 43 20
to hollow shafts, the shaft shall be 8,000 10,000 13 47 20
thoroughly cleaned inside and out and 10,000 12,000 14 50 20
vented with a minimum one-half-inch 12,000 16,000 15 54 25
diameter opening. 16,000 20,000 16 58 25
20,000 25,000 18 65 25
(4) Bulk storage bins. (i) The bin, in- 25,000 30,000 19 68 30
cluding supports, shall be constructed 30,000 35,000 20 72 30
of compatible materials, waterproof, 35,000 40,000 21 76 30
and adequately supported and braced 40,000 45,000 22 79 35
45,000 50,000 23 83 35
to withstand the combination of all
50,000 55,000 24 86 35
loads including impact forces arising 55,000 60,000 25 90 35
from product movement within the bin 60,000 70,000 26 94 40
and accidental vehicle contact with the 70,000 80,000 28 101 40
support legs. 80,000 90,000 30 108 40
90,000 100,000 32 115 40
(ii) The bin discharge gate shall be 100,000 120,000 34 122 50
designed to provide a closure tight 120,000 140,000 37 133 50
enough to prevent leakage of the 140,000 160,000 40 144 50
stored product. Provision shall also be 160,000 180,000 44 158 50
made so that the gate can be locked. 180,000 200,000 48 173 50
200,000 220,000 52 187 60
(iii) Bin loading manways or access 220,000 250,000 56 202 60
hatches shall be hinged or otherwise 250,000 275,000 60 216 60
attached to the bin and be designed to 275,000 300,000 64 230 60
permit locking. 1 These distances apply to the separation of stores only.
(iv) Any electrically driven con- Table H–21 shall be used in determining separation distances
from inhabited buildings, passenger railways, and public high-
veyors for loading or unloading bins ways.
shall conform to the requirements of 2 When the ammonium nitrate and/or blasting agent is not
barricaded, the distances shown in the table shall be multi-
subpart S of this part. They shall be plied by six. These distances allow for the possibility of high
designed to minimize damage from cor- velocity metal fragments from mixers, hoppers, truck bodies,
sheet metal structures, metal container, and the like which
rosion. may enclose the ‘‘donor’’. Where storage is in bullet-resistant
(v) Bins containing blasting agent magazines recommended for explosives or where the storage
is protected by a bullet-resistant wall, distances, and barricade
shall be located, with respect to inhab-
thicknesses in excess of those prescribed in Table H–21 are

ited buildings, passenger railroads, and not required.
290
3 The distances in the table apply to ammonium nitrate that
be stored in the manner set forth in
passes the insensitivity test prescribed in the definition of am-
monium nitrate fertilizer promulgated by the National Plant this subdivision.
Food Institute*; and ammonium nitrate failing to pass said test (a) Blasting agents or ammonium ni-
shall be stored at separation distances determined by com-
petent persons. (*Definition and Test Procedures for Ammo- trate, when stored in conjunction with
nium Nitrate Fertilizer, National Plant Food Institute, Novem- explosives, shall be stored in the man-
ber 1964.)
4 These distances apply to nitro-carbo-nitrates and blasting ner set forth in paragraph (c) of this
agents which pass the insensitivity test prescribed in the U.S. section for explosives. The mass of
Department of Transportation (DOT) regulations.
5 Earth, or sand dikes, or enclosures filled with the pre- blasting agents and one-half the mass
scribed minimum thickness of earth or sand are acceptable of ammonium nitrate shall be included
artificial barricades. Natural barricades, such as hills or timber
of sufficient density that the surrounding exposures which re- when computing the total quantity of
quire protection cannot be seen from the ‘‘donor’’ when the explosives for determining distance re-
trees are bare of leaves, are also acceptable.
6 When the ammonium nitrate must be counted in deter- quirements.
mining the distances to be maintained from inhabited build- (b) Blasting agents, when stored en-
ings, passenger railways and public highways, it may be tirely separate from explosives, may be
counted at one-half its actual weight because its blast effect is
lower. stored in the manner set forth in para-
NOTE 7: Guide to use of table of recommended separation graph (c) of this section or in one-story
distances of ammonium nitrate and blasting agents from ex-
plosives or blasting agents. warehouses (without basements) which
(a) Sketch location of all potential donor and acceptor mate- shall be:
rials together with the maximum mass of material to be al-
lowed in that vicinity. (Potential donors are high explosives, (1) Noncombustible or fire resistive;
blasting agents, and combination of masses of detonating ma- (2) Constructed so as to eliminate
terials. Potential acceptors are high explosives, blasting
agents, and ammonium nitrate.) open floor drains and piping into which
(b) Consider separately each donor mass in combination molten materials could flow and be
with each acceptor mass. If the masses are closer than table
allowance (distances measured between nearest edges), the confined in case of fire;
combination of masses becomes a new potential donor of (3) Weather resistant;
weight equal to the total mass. When individual masses are
considered as donors, distances to potential acceptors shall (4) Well ventilated; and
be measured between edges. When combined masses within (5) Equipped with a strong door kept
propagating distance of each other are considered as a
donor, the appropriate distance to the edge of potential ac- securely locked except when open for
ceptors shall be computed as a weighted distance from the business.
combined masses.
Calculation of weighted distance from combined masses: (c) Semitrailer or full-trailer vans
Let M2, M3 . . . Mn be donor masses to be combined. used for highway or onsite transpor-
M1 is a potential acceptor mass. tation of the blasting agents are satis-
D12 is distance from M1 to M2 (edge to edge).
D13 is distance from M1 to M3 (edge to edge), etc. factory for temporarily storing these
To find weighted distance [D1(2,3 . . . n)] from combined materials, provided they are located in
masses to M1, add the products of the individual masses and accordance with Table H–22 with re-
distances and divide the total by the sum of the masses thus:
spect to one another. Trailers shall be
D1(2, 3 . . . n)=M2×D12+M3×D12 . . . +Mn×D12M2+M3 . . .
+Mn provided with substantial means for
Propagation is possible if either an individual donor mass is locking, and the trailer doors shall be
less than the tabulated distance from an acceptor or a com- kept locked, except during the time of
bined mass is less than the weighted distance from an accep-
tor. placement and removal of stocks of
(c) In determining the distances separating highways, rail- blasting agents.
roads, and inhabited buildings from potential explosions (as
prescribed in Table H–21), the sum of all masses which may (ii) Warehouses used for the storage
propagate (i.e., lie at distances less than prescribed in the of blasting agents separate from explo-
Table) from either individual or combined donor masses are
included. However, when the ammonium nitrate must be in- sives shall be located as set forth in
cluded, only 50 percent of its weight shall be used because of this subdivision.
its reduced blast effects. In applying Table H–21 to distances
from highways, railroads, and inhabited buildings, distances (a) Warehouses used for the storage
are measured from the nearest edge of potentially explodable of blasting agents shall be located in
material as prescribed in Table H–21, Note 5.
(d) When all or part of a potential acceptor comprises Ex-
Table H–22 with respect to one another.
plosives Class A as defined in DOT regulations, storage in (b) If both blasting agents and ammo-
bullet-resistant magazines is required. Safe distances to nium nitrate are handled or stored
stores in bullet-resistant magazines may be obtained from the
intermagazine distances prescribed in Table H–21. within the distance limitations pre-
(e) Barricades must not have line-of-sight openings be- scribed through paragraph (g)(2) of this
tween potential donors and acceptors which permit blast or
missiles to move directly between masses. section, one-half the mass of the am-
(f) Good housekeeping practices shall be maintained monium nitrate shall be added to the
around any bin containing ammonium nitrate or blasting
agent. This includes keeping weeds and other combustible mass of the blasting agent when com-
materials cleared within 25 feet of such bin. Accumulation of puting the total quantity of explosives
spilled product on the ground shall be prevented.
for determining the proper distance for
(5) Storage of blasting agents and sup- compliance with Table H–21.
plies. (i) Blasting agents and oxidizers (iii) Smoking, matches, open flames,
used for mixing of blasting agents shall spark producing devices, and firearms
291
are prohibited inside of or within 50 (7) Use of blasting agents. Persons

feet of any warehouse used for the stor- using blasting agents shall comply
age of blasting agents. Combustible with all of the applicable provisions of
materials shall not be stored within 50 paragraph (e) of this section.
feet of warehouses used for the storage (h) Water gel (Slurry) explosives and
of blasting agents. blasting agents—(1) General provisions.
(iv) The interior of warehouses used Unless otherwise set forth in this para-
for the storage of blasting agents shall graph, water gels shall be transported,
be kept clean and free from debris and stored and used in the same manner as
empty containers. Spilled materials explosives or blasting agents in accord-
shall be cleaned up promptly and safely ance with the classification of the
removed. Combustible materials, flam- product.
mable liquids, corrosive acids, chlor- (2) Types and classifications. (i) Water
ates, or nitrates shall not be stored in
gels containing a substance in itself
any warehouse used for blasting agents
classified as an explosive shall be clas-
unless separated therefrom by a fire re-
sified as an explosive and manufac-
sistive separation of not less than 1
tured, transported, stored, and used as
hour resistance. The provisions of this
specified for ‘‘explosives’’ in this sec-
subdivision shall not prohibit the stor-
age of blasting agents together with tion, except as noted in subdivision (iv)
nonexplosive blasting supplies. of this subparagraph.
(v) Piles of ammonium nitrate and (ii) Water gels containing no sub-
warehouses containing ammonium ni- stance in itself classified as an explo-
trate shall be adequately separated sive and which are cap-sensitive as de-
from readily combustible fuels. fined in paragraph (a) of this section
(vi) Caked oxidizers, either in bags or under Blasting Agent shall be classified
in bulk, shall not be loosened by blast- as an explosive and manufactured,
ing. transported, stored and used as speci-
(vii) Every warehouse used for the fied for ‘‘explosives’’ in this section.
storage of blasting agents shall be (iii) Water gels containing no sub-
under the supervision of a competent stance in itself classified as an explo-
person. sive and which are not cap-sensitive as
(6) Transportation of packaged blasting defined in paragraph (a) of this section
agents. (i) When blasting agents are under Blasting Agent shall be classified
transported in the same vehicle with as blasting agents and manufactured,
explosives, all of the requirements of transported, stored, and used as speci-
paragraph (d) of this section shall be fied for ‘‘blasting agents’’ in this sec-
complied with. tion.
(ii) Vehicles transporting blasting (iv) When tests on specific formula-
agents shall only be driven by and be in tions of water gels result in Depart-
charge of a driver in possession of a ment of Transportation classification
valid motor vehicle operator’s license. as a Class B explosive, bullet-resistant
Such a person shall also be familiar magazines are not required, see para-
with the State’s vehicle and traffic graph (c)(2)(ii) of this section.
laws. (3) Fixed location mixing.
(iii) No matches, firearms, acids, or
(i) [Reserved]
other corrosive liquids shall be carried
in the bed or body of any vehicle con- (ii) Buildings used for the mixing of
taining blasting agents. water gels shall conform to the re-
(iv) No person shall be permitted to quirements of this subdivision.
ride upon, drive, load, or unload a vehi- (a) Buildings shall be of noncombus-
cle containing blasting agents while tible construction or sheet metal on
smoking or under the influence of in- wood studs.
toxicants, narcotics, or other dan- (b) Floors in a mixing plant shall be
gerous drugs. of concrete or of other nonabsorbent
(v) [Reserved] materials.
(vi) Vehicles transporting blasting (c) Where fuel oil is used all fuel oil
agents shall be in safe operating condi- storage facilities shall be separated
tion at all times. from the mixing plant and located in
292
such a manner that in case of tank rup- (c) Mixers, pumps, valves, and related
ture, the oil will drain away from the equipment shall be designed to permit
mixing plant building. regular and periodic flushing, cleaning,
(d) The building shall be well venti- dismantling, and inspection.
lated. (d) All electrical equipment including
(e) Heating units that do not depend wiring, switches, controls, motors, and
on combustion processes, when prop- lights, shall conform to the require-
erly designed and located, may be used ments of subpart S of this part.
in the building. All direct sources of (e) All electric motors and generators
heat shall be provided exclusively from shall be provided with suitable over-
units located outside of the mixing load protection devices. Electrical gen-
building. erators, motors, proportioning devices,
(f) All internal-combustion engines and all other electrical enclosures shall
used for electric power generation shall be electrically bonded. The grounding
be located outside the mixing plant conductor to all such electrical equip-
building, or shall be properly venti- ment shall be effectively bonded to the
lated and isolated by a firewall. The ex- service-entrance ground connection
haust systems on all such engines shall and to all equipment ground connec-
be located so any spark emission can- tions in a manner so as to provide a
not be a hazard to any materials in or continuous path to ground.
adjacent to the plant. (v) Mixing facilities shall comply
(iii) Ingredients of water gels shall with the fire prevention requirements
conform to the requirements of this of this subdivision.
subdivision. (a) The mixing, loading, and ingre-
(a) Ingredients in themselves classi- dient transfer areas where residues or
fied as Class A or Class B explosives spilled materials may accumulate shall
shall be stored in conformity with be cleaned periodically. A cleaning and
paragraph (c) of this section. collection system for dangerous resi-
(b) Nitrate-water solutions may be dues shall be provided. ,
stored in tank cars, tank trucks, or (b) A daily visual inspection shall be
fixed tanks without quantity or dis- made of mixing, conveying, and elec-
tance limitations. Spills or leaks which trical equipment to establish that such
may contaminate combustible mate- equipment is in good operating condi-
rials shall be cleaned up immediately. tion. A program of systematic mainte-
(c) Metal powders such as aluminum nance shall be conducted on regular
shall be kept dry and shall be stored in schedule.
containers or bins which are moisture- (c) Heaters which are not dependent
resistant or weathertight. Solid fuels on the combustion process within the
shall be used in such manner as to min- heating unit may be used within the
imize dust explosion hazards. confines of processing buildings, or
(d) Ingredients shall not be stored compartments, if provided with tem-
with incompatible materials. perature and safety controls and lo-
(e) Peroxides and chlorates shall not cated away from combustible materials
be used. and the finished product.
(iv) Mixing equipment shall comply (4) Bulk delivery and mixing vehicles.
with the requirements of this subdivi- (i) The design of vehicles shall comply
sion. with the requirements of this subdivi-
(a) The design of the processing sion.
equipment, including mixing and con- (a) Vehicles used over public high-
veying equipment, shall be compatible ways for the bulk transportation of
with the relative sensitivity of the ma- water gels or of ingredients classified
terials being handled. Equipment shall as dangerous commodities, shall meet
be designed to minimize the possibility the requirements of the Department of
of frictional heating, compaction, over- Transportation and shall meet the re-
loading, and confinement. quirements of paragraphs (d) and (g)(6)
(b) Both equipment and handling proof this section.
cedures shall be designed to prevent (b) When electric power is supplied by
the introduction of foreign objects or a self-contained motor generator lo-
materials. cated on the vehicle the generator
293
shall be at a point separate from where site when the boreholes are loaded or
the water gel is discharged. in the process of being loaded.
(c) The design of processing equip- (i) Storage of ammonium nitrate—(1)
ment and general requirements shall Scope and definitions. (i)(a) Except as
conform to subparagraphs (3) (iii) and provided in paragraph (i)(1)(i)(d) of this
(iv) of this paragraph. paragraph applies to the storage of am-
(d) A positive action parking brake, monium nitrate in the form of crystals,
which will set the wheel brakes on at flakes, grains, or prills including fer-
least one axle shall be provided on ve- tilizer grade, dynamite grade, nitrous
hicles when equipped with air brakes oxide grade, technical grade, and other
and shall be used during bulk delivery mixtures containing 60 percent or more
operations. Wheel chocks shall supple- ammonium nitrate by weight but does
ment parking brakes whenever condi- not apply to blasting agents.
tions may require. (b) This paragraph does not apply to
(ii) Operation of bulk delivery and the transportation of ammonium ni-
mixing vehicles shall comply with the trate.
requirements of this subdivision. (c) This paragraph does not apply to
storage under the jurisdiction of and in
(a) The placarding requirements con-
compliance with the regulations of the
tained in DOT regulations apply to ve-
U.S. Coast Guard (see 46 CFR parts 146–
hicles carrying water gel explosives or
149).
blasting agents.
(d) The storage of ammonium nitrate
(b) The operator shall be trained in and ammonium nitrate mixtures that
the safe operation of the vehicle to- are more sensitive than allowed by the
gether with its mixing, conveying, and ‘‘Definition of Test Procedures for Am-
related equipment. He shall be familiar monium Nitrate Fertilizer’’ is prohib-
with the commodities being delivered ited.
and the general procedure for handling (ii)(a) [Reserved]
emergency situations. (b) The standards for ammonium ni-
(c) The hauling of either blasting trate (nitrous oxide grade) are those
caps or other explosives, but not both, found in the ‘‘Specifications, Prop-
shall be permitted on bulk trucks pro- erties, and Recommendations for Pack-
vided that a special wood or non- aging, Transportation, Storage, and
ferrous-lined container is installed for Use of Ammonium Nitrate’’, available
the explosives. Such blasting caps or from the Compressed Gas Association,
other explosives shall be in DOT-speci- Inc., which is incorporated by reference
fied shipping containers; see 49 CFR as specified in § 1910.6.
chapter I. (2) General provisions. (i) This para-
(d) No person shall be allowed to graph applies to all persons storing,
smoke, carry matches or any flame- having, or keeping ammonium nitrate,
producing device, or carry any firearms and to the owner or lessee of any build-
while in or about bulk vehicles effecting, premises, or structure in which
ing the mixing, transfer, or down-the- ammonium nitrate is stored in quan-
hole loading of water gels at or near tities of 1,000 pounds or more.
the blasting site. (ii) Approval of large quantity stor-
(e) Caution shall be exercised in the age shall be subject to due consider-
movement of the vehicle in the blast- ation of the fire and explosion hazards,
ing area to avoid driving the vehicle including exposure to toxic vapors
over or dragging hoses over firing lines, from burning or decomposing ammo-
cap wires, or explosive materials. The nium nitrate.
employer shall furnish the driver the (iii)(a) Storage buildings shall not
assistance of a second person to guide have basements unless the basements
the driver’s movements. are open on at least one side. Storage
(f) No intransit mixing of materials buildings shall not be over one story in
shall be performed. height.
(g) The location chosen for water gel (b) Storage buildings shall have ade-
or ingredient transfer from a support quate ventilation or be of a construc-
vehicle into the borehole loading vehi- tion that will be self-ventilating in the
cle shall be away from the blasthole event of fire.
294
(c) The wall on the exposed side of a roof or supporting and spreader beams
storage building within 50 feet of a overhead.
combustible building, forest, piles of (d) Aisles shall be provided to sepa-
combustible materials and similar ex- rate piles by a clear space of not less
posure hazards shall be of fire-resistive than 3 feet in width. At least one serv-
construction. In lieu of the fire-resis- ice or main aisle in the storage area
tive wall, other suitable means of expo- shall be not less than 4 feet in width.
sure protection such as a free standing (4) Storage of bulk ammonium nitrate.
wall may be used. The roof coverings (i)(a) Warehouses shall have adequate
shall be Class C or better, as defined in ventilation or be capable of adequate
the Manual on Roof Coverings, NFPA ventilation in case of fire.
203M–1970, which is incorporated by ref- (b) Unless constructed of noncombus-
erence as specified in § 1910.6. tible material or unless adequate fa-
(d) All flooring in storage and han- cilities for fighting a roof fire are
dling areas, shall be of noncombustible available, bulk storage structures shall
material or protected against impreg- not exceed a height of 40 feet.
nation by ammonium nitrate and shall (ii)(a) Bins shall be clean and free of
be without open drains, traps, tunnels, materials which may contaminate am-
pits, or pockets into which any molten monium nitrate.
ammonium nitrate could flow and be (b) Due to the corrosive and reactive
confined in the event of fire. properties of ammonium nitrate, and
(e) The continued use of an existing to avoid contamination, galvanized
storage building or structure not in iron, copper, lead, and zinc shall not be
strict conformity with this paragraph used in a bin construction unless suit-
may be approved in cases where such ably protected. Aluminum bins and
continued use will not constitute a wooden bins protected against impreg-
hazard to life. nation by ammonium nitrate are per-
(f) Buildings and structures shall be missible. The partitions dividing the
dry and free from water seepage ammonium nitrate storage from other
through the roof, walls, and floors. products which would contaminate the
(3) Storage of ammonium nitrate in ammonium nitrate shall be of tight
bags, drums, or other containers. (i)(a) construction.
Bags and containers used for ammo- (c) The ammonium nitrate storage
nium nitrate must comply with speci- bins or piles shall be clearly identified
fications and standards required for use by signs reading ‘‘Ammonium Nitrate’’
in interstate commerce (see 49 CFR with letters at least 2 inches high.
chapter I). (iii)(a) Piles or bins shall be so sized
(b) Containers used on the premises and arranged that all material in the
in the actual manufacturing or proc- pile is moved out periodically in order
essing need not comply with provisions to minimize possible caking of the
of paragraph (i)(3)(i)(a) of this para- stored ammonium nitrate.
graph. (b) Height or depth of piles shall be
(ii)(a) Containers of ammonium ni- limited by the pressure-setting tend-
trate shall not be accepted for storage ency of the product. However, in no
when the temperature of the ammo- case shall the ammonium nitrate be
nium nitrate exceeds 130 °F. piled higher at any point than 36 inches
(b) Bags of ammonium nitrate shall below the roof or supporting and
not be stored within 30 inches of the spreader beams overhead.
storage building walls and partitions. (c) Ammonium nitrate shall not be
(c) The height of piles shall not ex- accepted for storage when the tempera-
ceed 20 feet. The width of piles shall ture of the product exceeds 130 °F.
not exceed 20 feet and the length 50 feet (d) Dynamite, other explosives, and
except that where the building is of blasting agents shall not be used to
noncombustible construction or is pro- break up or loosen caked ammonium
tected by automatic sprinklers the nitrate.
length of piles shall not be limited. In (5) Contaminants. (i)(a) Ammonium
no case shall the ammonium nitrate be nitrate shall be in a separate building
stacked closer than 36 inches below the or shall be separated by approved type
295
firewalls of not less than 1 hour fire-re- (d) Storage and/or operations on the
sistance rating from storage of organic premises of makers, distributors, and
chemicals, acids, or other corrosive user-compounders of explosives or
materials, materials that may require blasting agents shall be in conformity
blasting during processing or handling, with paragraphs (a) through (h) of this
compressed flammable gases, flam- section.
mable and combustible materials or (6) General precautions. (i) Electrical
other contaminating substances, in- installations shall conform to the re-
cluding but not limited to animal fats, quirements of subpart S of this part,
baled cotton, baled rags, baled scrap for ordinary locations. They shall be
paper, bleaching powder, burlap or cot- designed to minimize damage from cor-
ton bags, caustic soda, coal, coke, char- rosion.
coal, cork, camphor, excelsior, fibers of
(ii) In areas where lightning storms
any kind, fish oils, fish meal, foam rub-
are prevalent, lightning protection
ber, hay, lubricating oil, linseed oil, or
other oxidizable or drying oils, naph- shall be provided. (See the Lightning
thalene, oakum, oiled clothing, oiled Protection Code, NFPA 78–1968, which
paper, oiled textiles, paint, straw, saw- is incorporated by reference as speci-
dust, wood shavings, or vegetable oils. fied in § 1910.6.)
Walls referred to in this subdivision (iii) Provisions shall be made to pre-
need extend only to the underside of vent unauthorized personnel from en-
the roof. tering the ammonium nitrate storage
(b) In lieu of separation walls, ammo- area.
nium nitrate may be separated from (7) Fire protection. (i) Not more than
the materials referred to in paragraph 2,500 tons (2270 tonnes) of bagged am-
(a) of this section by a space of at least monium nitrate shall be stored in a
30 feet. building or structure not equipped with
(c) Flammable liquids such as gaso- an automatic sprinkler system. Sprin-
line, kerosene, solvents, and light fuel kler systems shall be of the approved
oils shall not be stored on the premises type and installed in accordance with
except when such storage conforms to § 1910.159.
§ 1910.106, and when walls and sills or (ii)(a) Suitable fire control devices
curbs are provided in accordance with such as small hose or portable fire ex-
paragraphs (i)(5)(i) (a) or (b) of this sec- tinguishers shall be provided through-
tion. out the warehouse and in the loading
(d) LP-Gas shall not be stored on the and unloading areas. Suitable fire con-
premises except when such storage control devices shall comply with the re-
forms to § 1910.110. quirements of §§ 1910.157 and 1910.158.
(ii)(a) Sulfur and finely divided met- (b) Water supplies and fire hydrants
als shall not be stored in the same shall be available in accordance with
building with ammonium nitrate ex- recognized good practices.
cept when such storage conforms to
(j) Small arms ammunition, small arms
paragraphs (a) through (h) of this sec-
primers, and small arms propellants—(1)
tion.
(b) Explosives and blasting agents Scope. This paragraph does not apply to
shall not be stored in the same building in-process storage and intraplant
with ammonium nitrate except on the transportation during manufacture of
premises of makers, distributors, and small arms ammunition, small arms
user-compounders of explosives or primers, and smokeless propellants.
blasting agents. (2) Small arms ammunition. (i) No
(c) Where explosives or blasting quantity limitations are imposed on
agents are stored in separate buildings, the storage of small arms ammunition
other than on the premises of makers, in warehouses, retail stores, and other
distributors, and user-compounders of general occupancy facilities, except
explosives or blasting agents, they those imposed by limitations of storage
shall be separated from the ammonium facilities.
nitrate by the distances and/or barri- (ii) Small arms ammunition shall be
cades specified in Table H–22 of this separated from flammable liquids,
subpart, but by not less than 50 feet. flammable solids as classified in 49
296
CFR part 172, and from oxidizing mate- form prescribed by the official U.S.
rials, by a fire-resistive wall of 1-hour Pharmacopeia.
rating or by a distance of 25 feet. (2) The manufacture of explosives as
(iii) Small arms ammunition shall defined in paragraph (a)(3) of this sec-
not be stored together with Class A or tion shall also meet the requirements
Class B explosives unless the storage contained in § 1910.119.
facility is adequate for this latter stor- (3) The manufacture of pyrotechnics
age. as defined in paragraph (a)(10) of this
(3) Smokeless propellants. (i) All section shall also meet the require-
smokeless propellants shall be stored ments contained in § 1910.119.
in shipping containers specified in 49 [39 FR 23502, June 27, 1974, as amended at 43
CFR 173.93 for smokeless propellants. FR 49747, Oct. 24, 1978; 45 FR 60704, Sept. 12,
(ii) [Reserved] 1980; 53 FR 12122, Apr. 12, 1988; 57 FR 6403,
(iii) Commercial stocks of smokeless Feb. 24, 1992; 58 FR 35309, June 30, 1993; 61 FR
propellants over 20 pounds and not 9237, Mar. 7, 1996; 63 FR 33466, June 18, 1998]
more than 100 pounds shall be stored in
portable wooden boxes having walls of § 1910.110 Storage and handling of liq-
at least 1 inch nominal thickness. uefied petroleum gases.
(iv) Commercial stocks in quantities (a) Definitions applicable to this sec-
not to exceed 750 pounds shall be stored tion. As used in this section:
in nonportable storage cabinets having (1) API-ASME container—A con-
wooden walls of at least 1 inch nominal tainer constructed in accordance with
thickness. Not more than 400 pounds the requirements of paragraph
shall be permitted in any one cabinet. (b)(3)(iii) of this section.
(v) Quantities in excess of 750 pounds (2) ASME container—A container
shall be stored in magazines in accord- constructed in accordance with the re-
ance with paragraph (c) of this section. quirements of paragraph (b)(3)(i) of this
(4) Small arms ammunition primers. (i) section.
Small arms ammunition primers shall (3) Container assembly—An assembly
not be stored except in the original consisting essentially of the container
shipping container in accordance with and fittings for all container openings,
the requirements of 49 CFR 173.107 for including shutoff valves, excess flow
small arms ammunition primers. valves, liquid-level gaging devices,
(ii) [Reserved] safety relief devices, and protective
(iii) Small arms ammunition primers housing.
shall be separated from flammable liq- (4) Containers—All vessels, such as
uids, flammable solids as classified in tanks, cylinders, or drums, used for
49 CFR part 172, and oxidizing mate- transportation or storing liquefied pe-
rials by a fire-resistive wall of 1-hour troleum gases.
rating or by a distance of 25 feet. (5) DOT—Department of Transpor-
(iv) Not more than 750,000 small arms tation.
ammunition primers shall be stored in (6) DOT container—A container con-
any one building, except as provided in structed in accordance with the appli-
paragraph (j)(4)(v) of this paragraph. cable requirements of 49 CFR chapter 1.
Not more than 100,000 shall be stored in (7) ‘‘Liquified petroleum gases’’—
any one pile. Piles shall be at least 15 ‘‘LPG’’ and ‘‘LP-Gas’’—Any material
feet apart. which is composed predominantly of
(v) Quantities of small arms ammuni- any of the following hydrocarbons, or
tion primers in excess of 750,000 shall mixtures of them; propane, propylene,
be stored in magazines in accordance butanes (normal butane or iso-butane),
with paragraph (c) of this section. and butylenes.
(k) Scope. (1) This section applies to (8) Movable fuel storage tenders or
the manufacture, keeping, having, farm carts—Containers not in excess of
storage, sale, transportation, and use 1,200 gallons water capacity, equipped
of explosives, blasting agents, and py- with wheels to be towed from one loca-
rotechnics. The section does not apply tion of usage to another. They are basi-
to the sale and use (public display) of cally nonhighway vehicles, but may oc-
pyrotechnics, commonly known as fire- casionally be moved over public roads
works, nor the use of explosives in the or highways. They are used as a fuel
297
supply for farm tractors, construction clude the use of other odorants that
machinery and similar equipment. meet the odorization requirements of
(9) P.S.I.G.—pounds per square inch paragraph (b)(1)(i) of this section.
gauge. (2) Approval of equipment and systems.
(10) P.S.I.A.—pounds per square inch (i) Each system utilizing DOT con-
absolute. tainers in accordance with 49 CFR part
(11) Systems—an assembly of equip- 178 shall have its container valves, con-
ment consisting essentially of the connectors, manifold valve assemblies, and
tainer or containers, major devices regulators approved.
such as vaporizers, safety relief valves, (ii) Each system for domestic or com-
excess flow valves, regulators, and pip-
mercial use utilizing containers of 2,000
ing connecting such parts.
gallons or less water capacity, other
(12) Vaporizer-burner—an integral va-
than those constructed in accordance
porizer-burner unit, dependent upon
with 49 CFR part 178, shall consist of a
the heat generated by the burner as the
source of heat to vaporize the liquid container assembly and one or more
used for dehydrators or dryers. regulators, and may include other
(13) Ventilation, adequate—when parts. The system as a unit or the con-
specified for the prevention of fire dur- tainer assembly as a unit, and the reg-
ing normal operation, ventilation shall ulator or regulators, shall be individ-
be considered adequate when the con- ually listed.
centration of the gas in a gas-air mix- (iii) In systems utilizing containers
ture does not exceed 25 percent of the of over 2,000 gallons water capacity,
lower flammable limit. each regulator, container valve, excess
(14) Approved—unless otherwise indi- flow valve, gaging device, and relief
cated, listing or approval by a nation- valve installed on or at the container,
ally recognized testing laboratory. shall have its correctness as to design,
Refer to § 1910.7 for definition of nation- construction, and performance deter-
ally recognized testing laboratory. mined by listing by a nationally recog-
(15) Listed—see ‘‘approved’’ in nized testing laboratory. Refer to
§ 1910.110(14). § 1910.7 for definition of nationally rec-
(16) DOT Specifications—regulations ognized testing laboratory.
of the Department of Transportation (3) Requirements for construction and
published in 49 CFR chapter I. original test of containers. (i) Containers
(17)–(18) [Reserved] used with systems embodied in para-
(19) DOT cylinders—cylinders meet- graphs (d), (e), (g), and (h) of this sec-
ing the requirements of 49 CFR chapter tion, except as provided in paragraphs
I. (e)(3)(iii) and (g)(2)(i) of this section,
(b) Basic rules—(1) Odorizing gases. (i)
shall be designed, constructed, and
All liquefied petroleum gases shall be
tested in accordance with the Rules for
effectively odorized by an approved
Construction of Unfired Pressure Ves-
agent of such character as to indicate
sels, section VIII, Division 1, American
positively, by distinct odor, the pres-
Society of Mechanical Engineers
ence of gas down to concentration in
air of not over one-fifth the lower limit (ASME) Boiler and Pressure Vessel
of flammability. Odorization, however, Code, 1968 edition, which is incor-
is not required if harmful in the use of porated by reference as specified in
further processing of the liquefied pe- § 1910.6.
troleum gas, or if odorization will serve (ii) Containers constructed according
no useful purpose as a warning agent in to the 1949 and earlier editions of the
such use or further processing. ASME Code do not have to comply
(ii) The odorization requirement of with paragraphs U–2 through U–10 and
paragraph (b)(1)(i) of this section shall U–19 thereof. Containers constructed
be considered to be met by the use of according to paragraph U–70 in the 1949
1.0 pounds of ethyl mercaptan, 1.0 and earlier editions are not authorized.
pounds of thiophane or 1.4 pounds of (iii) Containers designed, con-
amyl mercaptan per 10,000 gallons of structed, and tested prior to July 1,
LP-Gas. However, this listing of 1961, according to the Code for Unfired
odorants and quantities shall not ex- Pressure Vessels for Petroleum Liquids
298
and Gases, 1951 edition with 1954 Ad- intended for both and different style
denda, of the American Petroleum In- hoods are provided, the marking shall
stitute and the American Society of indicate the proper hood for each type
Mechanical Engineers, which is incor- of installation.
porated by reference as specified in (c) With the name and address of the
§ 1910.6, shall be considered in conform- supplier of the container, or with the
ance. Containers constructed according trade name of the container.
to API-ASME Code do not have to com- (d) With the water capacity of the
ply with section I or with appendix to container in pounds or gallons, U.S.
section I. Paragraphs W–601 to W–606 Standard.
inclusive in the 1943 and earlier edi- (e) With the pressure in p.s.i.g., for
tions do not apply. which the container is designed.
(iv) The provisions of paragraph (f) With the wording ‘‘This container
(b)(3)(i) of this section shall not be con- shall not contain a product having a
strued as prohibiting the continued use vapor pressure in excess of ll p.s.i.g.
or reinstallation of containers con- at 100 °F.,’’ see subparagraph (14)(viii)
structed and maintained in accordance of this paragraph.
with the standard for the Storage and (g) With the tare weight in pounds or
Handling of Liquefied Petroleum Gases other identified unit of weight for con-
NFPA No. 58 in effect at the time of tainers with a water capacity of 300
fabrication. pounds or less.
(v) Containers used with systems em- (h) With marking indicating the
bodied in paragraph (b), (d)(3)(iii), and maximum level to which the container
(f) of this section, shall be constructed, may be filled with liquid at tempera-
tested, and stamped in accordance with tures between 20 °F. and 130 °F., except
DOT specifications effective at the on containers provided with fixed max-
date of their manufacture. imum level indicators or which are
(4) Welding of containers. (i) Welding filled by weighing. Markings shall be
to the shell, head, or any other part of increments of not more than 20 °F.
the container subject to internal pres- This marking may be located on the
sure, shall be done in compliance with liquid level gaging device.
the code under which the tank was fab- (i) With the outside surface area in
ricated. Other welding is permitted square feet.
only on saddle plates, lugs, or brackets (ii) Markings specified shall be on a
attached to the container by the tank metal nameplate attached to the con-
manufacturer. tainer and located in such a manner as
(ii) Where repair or modification in- to remain visible after the container is
volving welding of DOT containers is installed.
required, the container shall be re- (iii) When LP-Gas and one or more
turned to a qualified manufacturer other gases are stored or used in the
making containers of the same type, same area, the containers shall be
and the repair or modification made in marked to identify their content.
compliance with DOT regulations. Marking shall be in compliance with
(5) Markings on containers. (i) Each American National Standard Z48.1–
container covered in paragraph (b)(3)(i) 1954, ‘‘Method of Marking Portable
of this section, except as provided in Compressed Gas Containers To Identify
paragraph (b)(3)(iv) of this section shall the Material Contained’’, which is in-
be marked as specified in the following: corporated by reference as specified in
(a) With a marking identifying com- § 1910.6.
pliance with, and other markings re- (6) Location of containers and regu-
quired by, the rules of the reference lating equipment. (i) Containers, and
under which the container is con- first stage regulating equipment if
structed; or with the stamp and other used, shall be located outside of build-
markings required by the National ings, except under one or more of the
Board of Boiler and Pressure Vessel In- following:
spectors. (a) In buildings used exclusively for
(b) With notation as to whether the container charging, vaporization pres-
container is designed for underground sure reduction, gas mixing, gas manu-
or aboveground installation or both. If facturing, or distribution.
299
(b) When portable use is necessary (vii) The minimum separation be-
and in accordance with paragraph (c)(5) tween liquefied petroleum gas con-
of this section. tainers and flammable liquid tanks
(c) LP-Gas fueled stationary or port- shall be 20 feet, and the minimum sepa-
able engines in accordance with para- ration between a container and the
graph (e) (11) or (12) of this section. centerline of the dike shall be 10 feet.
(d) LP-Gas fueled industrial trucks The foregoing provision shall not apply
used in accordance with paragraph when LP-Gas containers of 125 gallons
(e)(13) of this section. or less capacity are installed adjacent
(e) LP-Gas fueled vehicles garaged in to Class III flammable liquid tanks of
accordance with paragraph (e)(14) of 275 gallons or less capacity.
this section. (viii) Suitable means shall be taken
(f) Containers awaiting use or resale to prevent the accumulation of flam-
when stored in accordance with para- mable liquids under adjacent liquified
graph (f) of this section. petroleum gas containers, such as by
(ii) Each individual container shall diking, diversion curbs, or grading.
be located with respect to the nearest (ix) When dikes are used with flam-
important building or group of build- mable liquid tanks, no liquefied petro-
ings in accordance with Table H–23. leum gas containers shall be located
within the diked area.
TABLE H–23 (7) Container valves and container ac-
cessories. (i) Valves, fittings, and acces-
Minimum distances sories connected directly to the con-
Water capacity per Containers Between tainer including primary shutoff
container above- valves, shall have a rated working pres-
Under- Above- ground
ground ground containers sure of at least 250 p.s.i.g. and shall be
of material and design suitable for LP-
Less than 125 gals.1 ... 10 feet .... None ....... None.
125 to 250 gals ........... 10 feet .... 10 feet .... None.
Gas service. Cast iron shall not be used
251 to 500 gals ........... 10 feet .... 10 feet .... 3 feet. for container valves, fittings, and ac-
501 to 2,000 gals ........ 25 feet 2 .. 25 feet 2 .. 3 feet. cessories. This does not prohibit the
2,001 to 30,000 gals ... 50 feet .... 50 feet .... 5 feet. use of container valves made of malle-
30,001 to 70,000 gals 50 feet .... 75 feet.3. able or nodular iron.
70,001 to 90,000 gals 50 feet .... 100 feet.3.
(ii) Connections to containers, except
1 If the aggregate water capacity of a multi-container instal-
safety relief connections, liquid level
lation at a consumer site is 501 gallons or greater, the min-
imum distance shall comply with the appropriate portion of gaging devices, and plugged openings,
this table, applying the aggregate capacity rather than the ca- shall have shutoff valves located as
pacity per container. If more than one installation is made,
each installation shall be separated from another installation close to the container as practicable.
by at least 25 feet. Do not apply the MINIMUM DISTANCES (iii) Excess flow valves, where re-
BETWEEN ABOVE-GROUND CONTAINERS to such installa-
tions. quired shall close automatically at the
2 The above distance requirements may be reduced to not
rated flows of vapor or liquid as speci-
less than 10 feet for a single container of 1,200 gallons water
capacity or less, providing such a container is at least 25 feet fied by the manufacturer. The connec-
from any other LP-Gas container of more than 125 gallons tions or line including valves, fittings,
water capacity.
3 1⁄4 of sum of diameters of adjacent containers. etc., being protected by an excess flow
valve shall have a greater capacity
(iii) Containers installed for use shall than the rated flow of the excess flow
not be stacked one above the other. valve.
(iv) [Reserved] (iv) Liquid level gaging devices which
(v) In the case of buildings devoted are so constructed that outward flow of
exclusively to gas manufacturing and container contents shall not exceed
distributing operations, the distances that passed by a No. 54 drill size open-
required by Table H–23 may be reduced ing, need not be equipped with excess
provided that in no case shall con- flow valves.
tainers of water capacity exceeding 500 (v) Openings from container or
gallons be located closer than 10 feet to through fittings attached directly on
such gas manufacturing and distrib- container to which pressure gage con-
uting buildings. nection is made, need not be equipped
(vi) Readily ignitible material such with shutoff or excess flow valves if
as weeds and long dry grass shall be re- such openings are restricted to not
moved within 10 feet of any container. larger than No. 54 drill size opening.
300
(vi) Except as provided in paragraph suitable for a working pressure of at

(c)(5)(i)(b) of this section, excess flow least 125 p.s.i.g. Pipe shall be at least
and back pressure check valves where Schedule 40 (ASTM A–53–69, Grade B
required by this section shall be lo- Electric Resistance Welded and Elec-
cated inside of the container or at a tric Flash Welded Pipe, which is incor-
point outside where the line enters the porated by reference as specified in
container; in the latter case, installa- § 1910.6, or equal).
tion shall be made in such manner that (b) Vapor piping with operating pres-
any undue strain beyond the excess sures over 125 p.s.i.g. and all liquid pip-
flow or back pressure check valve will ing shall be suitable for a working
not cause breakage between the con-
pressure of at least 250 p.s.i.g. Pipe
tainer and such valve.
shall be at least Schedule 80 if joints
(vii) Excess flow valves shall be de-
signed with a bypass, not to exceed a are threaded or threaded and back
No. 60 drill size opening to allow welded. At least Schedule 40 (ASTM A–
equalization of pressures. 53–69 Grade B Electric Resistance Weld-
(viii) Containers of more than 30 gal- ed and Electric Flash Welded Pipe or
lons water capacity and less than 2,000 equal) shall be used if joints are weld-
gallons water capacity, filled on a vol- ed, or welded and flanged.
umetric basis, and manufactured after (ii) Tubing shall be seamless and of
December 1, 1963, shall be equipped for copper, brass, steel, or aluminum alloy.
filling into the vapor space. Copper tubing shall be of type K or L
(8) Piping—including pipe, tubing, and or equivalent as covered in the Speci-
fittings. (i) Pipe, except as provided in fication for Seamless Copper Water
paragraphs (e)(6)(i) and (g)(10)(iii), of Tube, ANSI H23.1–1970 (ASTM B88–69),
this section shall be wrought iron or which is incorporated by reference as
steel (black or galvanized), brass, cop- specified in § 1910.6. Aluminum alloy
per, or aluminum alloy. Aluminum tubing shall be of Type A or B or equiv-
alloy pipe shall be at least Schedule 40 alent as covered in Specification ASTM
in accordance with the specifications B210–68 (which is incorporated by ref-
for Aluminum Alloy Pipe, American erence as specified in § 1910.6) and shall
National Standards Institute (ANSI) be suitably marked every 18 inches in-
H38.7–1969 (ASTM, B241–69), which is in-
dicating compliance with ASTM Speci-
corporated by reference as specified in
fications. The minimum nominal wall
§ 1910.6, except that the use of alloy 5456
thickness of copper tubing and alu-
is prohibited and shall be suitably
marked at each end of each length in- minum alloy tubing shall be as speci-
dicating compliance with American fied in Table H–24 and Table H–25.
National Standard Institute Specifica- Aluminum alloy tubing shall be pro-
tions. Aluminum Alloy pipe shall be tected against external corrosion when
protected against external corrosion it is in contact with dissimilar metals
when it is in contact with dissimilar other than galvanized steel, or its loca-
metals other than galvanized steel, or tion is subject to repeated wetting by
its location is subject to repeated wet- liquids such as water (except rain-
ting by such liquids as water (except water), detergents, sewage, or leakage
rain water), detergents, sewage, or from other piping, or it passes through
leaking from other piping, or it passes flooring, plaster, masonry, or insula-
through flooring, plaster, masonry, or tion. Galvanized sheet steel or pipe,
insulation. Galvanized sheet steel or galvanized inside and out, may be con-
pipe, galvanized inside and out, may be sidered suitable protection. The max-
considered suitable protection. The
imum outside diameter for aluminum
maximum nominal pipe size for alu-
alloy tubing shall be three-fourths inch
minum pipe shall be three-fourths inch
and shall not be used for pressures ex- and shall not be used for pressures ex-
ceeding 20 p.s.i.g. Aluminum alloy pipe ceeding 20 p.s.i.g. Aluminum alloy tub-
shall not be installed within 6 inches of ing shall not be installed within 6
the ground. inches of the ground.
(a) Vapor piping with operating pres-
sures not exceeding 125 p.s.i.g. shall be
301
TABLE H–24—WALL THICKNESS OF COPPER signed for a pressure of at least 125

TUBING 1 p.s.i.g. For operating pressures above
125 p.s.i.g., fittings shall be designed
Nominal wall thickness
Standard size Nominal out- (inches) for a minimum of 250 p.s.i.g.
side diameter
(inches) (vi) The use of threaded cast iron
(inches) Type K Type L
pipe fittings such as ells, tees, crosses,
⁄
14
3⁄8
0.375 0.035 0.030 couplings, and unions is prohibited.
0.500 0.049 0.035
1⁄2 0.625 0.049 0.040
Aluminum alloy fittings shall be used
5⁄8 0.750 0.049 0.042 with aluminum alloy pipe and tubing.
3⁄4 0.875 0.065 0.045 Insulated fittings shall be used where
1 1.125 0.065 0.050
11⁄4 1.375 0.065 0.055
aluminum alloy pipe or tubing con-
11⁄2 1.625 0.072 0.060 nects with a dissimilar metal.
2 2.125 0.083 0.070 (vii) Strainers, regulators, meters,
1 Based on data in Specification for Seamless Copper compressors, pumps, etc., are not to be
Water Tube, ANSI H23.1–1970 (ASTM B–88–69). considered as pipe fittings. This does
NOTE: The standard size by which tube is designated is 1⁄8
inch smaller than its nominal outside diameter. not prohibit the use of malleable, nod-
ular, or higher strength gray iron for
TABLE H–25—WALL THICKNESS OF ALUMINUM such equipment.
ALLOY TUBING 1 (viii) All materials such as valve
Nominal wall thickness (inches)
seats, packing, gaskets, diaphragms,
Outside diameter etc., shall be of such quality as to be
(inches) Type A Type B resistant to the action of liquefied pe-
⁄
38 0.035 0.049 troleum gas under the service condi-
⁄
12 0.035 0.049 tions to which they are subjected.
⁄
58 0.042 0.049
3⁄4 0.049 0.058
(ix) All piping, tubing, or hose shall
1 Based on data in Standard Specification for Aluminum-
be tested after assembly and proved
Alloy Drawn Seamless Coiled Tubes for Special Purpose Ap- free from leaks at not less than normal
plications, ASTM B210–68. operating pressures. After installation,
(iii) In systems where the gas in liq- piping and tubing of all domestic and
uid form without pressure reduction commercial systems shall be tested
enters the building, only heavy walled and proved free of leaks using a ma-
seamless brass or copper tubing with nometer or equivalent device that will
an internal diameter not greater than indicate a drop in pressure. Test shall
three thirty-seconds inch, and a wall not be made with a flame.
thickness of not less than three sixty- (x) Provision shall be made to com-
fourths inch shall be used. This re- pensate for expansion, contraction, jar-
quirement shall not apply to research ring, and vibration, and for settling.
and experimental laboratories, build- This may be accomplished by flexible
ings, or separate fire divisions of build- connections.
ings used exclusively for housing inter- (xi) Piping outside buildings may be
nal combustion engines, and to com- buried, above ground, or both, but shall
mercial gas plants or bulk stations be well supported and protected
where containers are charged, nor to against physical damage. Where soil
industrial vaporizer buildings, nor to conditions warrant, all piping shall be
buildings, structures, or equipment protected against corrosion. Where
under construction or undergoing condensation may occur, the piping
major renovation. shall be pitched back to the container,
(iv) Pipe joints may be screwed, or suitable means shall be provided for
flanged, welded, soldered, or brazed revaporization of the condensate.
with a material having a melting point (9) Hose specifications. (i) Hose shall
exceeding 1,000 °F. Joints on seamless be fabricated of materials that are re-
copper, brass, steel, or aluminum alloy sistant to the action of LP-Gas in the
gas tubing shall be made by means of liquid and vapor phases. If wire braid is
approved gas tubing fittings, or sol- used for reinforcing the hose, it shall
dered or brazed with a material having be of corrosion-resistant material such
a melting point exceeding 1,000 °F. as stainless steel.
(v) For operating pressures of 125 (ii) Hose subject to container pres-
p.s.i.g. or less, fittings shall be de- sure shall be marked ‘‘LP-Gas’’ or
302
‘‘LPG’’ at not greater than 10-foot in- with DOT specifications and every va-
tervals. porizer (except motor fuel vaporizers
(iii) Hose subject to container pres- and except vaporizers described in
sure shall be designed for a bursting paragraph (b)(11)(ii)(c) of this section
pressure of not less than 1,250 p.s.i.g. and paragraph (d)(4)(v)(a) of this sec-
(iv) Hose subject to container pres- tion) whether heated by artificial
sure shall have its correctness as to de- means or not, shall be provided with
sign construction and performance de- one or more safety relief valves of
termined by being listed (see spring-loaded or equivalent type. These
§ 1910.110(a)(15)). valves shall be arranged to afford free
(v) Hose connections subject to con- vent to the outer air with discharge
tainer pressure shall be capable of not less than 5 feet horizontally away
withstanding, without leakage, a test from any opening into the building
pressure of not less than 500 p.s.i.g. which is below such discharge. The rate
(vi) Hose and hose connections on the of discharge shall be in accordance
low-pressure side of the regulator or re- with the requirements of paragraph
ducing valve shall be designed for a (b)(10)(ii) or (b)(10)(iii) of this section in
bursting pressure of not less than 125 the case of vaporizers.
p.s.i.g. or five times the set pressure of (ii) Minimum required rate of dis-
the relief devices protecting that por- charge in cubic feet per minute of air
tion of the system, whichever is higher. at 120 percent of the maximum per-
(vii) Hose may be used on the low- mitted start to discharge pressure for
pressure side of regulators to connect safety relief valves to be used on con-
to other than domestic and commercial tainers other than those constructed in
gas appliances under the following con- accordance with DOT specification
ditions: shall be as follows:
(a) The appliances connected with
Flow rate
hose shall be portable and need a flexi- Surface area (sq. ft.) CFM air
ble connection.
(b) For use inside buildings the hose 20 or less ............................................................. 626
25 ......................................................................... 751
shall be of minimum practical length, 30 ......................................................................... 872
but shall not exceed 6 feet except as 35 ......................................................................... 990
provided in paragraph (c)(5)(i)(g) of this 40 ......................................................................... 1,100
45 ......................................................................... 1,220
section and shall not extend from one 50 ......................................................................... 1,330
room to another, nor pass through any 55 ......................................................................... 1,430
walls, partitions, ceilings, or floors. 60 ......................................................................... 1,540
65 ......................................................................... 1,640
Such hose shall not be concealed from 70 ......................................................................... 1,750
view or used in a concealed location. 75 ......................................................................... 1,850
For use outside of buildings, the hose 80 ......................................................................... 1,950
85 ......................................................................... 2,050
may exceed this length but shall be 90 ......................................................................... 2,150
kept as short as practical. 95 ......................................................................... 2,240
(c) The hose shall be approved and 100 ....................................................................... 2,340
shall not be used where it is likely to 105 ....................................................................... 2,440
110 ....................................................................... 2,530
be subjected to temperatures above 125 115 ....................................................................... 2,630
°F. The hose shall be securely con- 120 ....................................................................... 2,720
nected to the appliance and the use of 125 ....................................................................... 2,810
130 ....................................................................... 2,900
rubber slip ends shall not be permitted. 135 ....................................................................... 2,990
(d) The shutoff valve for an appliance 140 ....................................................................... 3,080
connected by hose shall be in the metal 145 ....................................................................... 3,170
150 ....................................................................... 3,260
pipe or tubing and not at the appliance 155 ....................................................................... 3,350
end of the hose. When shutoff valves 160 ....................................................................... 3,440
are installed close to each other, pre- 165 ....................................................................... 3,530
cautions shall be taken to prevent op- 170 ....................................................................... 3,620
175 ....................................................................... 3,700
eration of the wrong valve. 180 ....................................................................... 3,790
(e) Hose used for connecting to wall 185 ....................................................................... 3,880
outlets shall be protected from phys- 190 ....................................................................... 3,960
195 ....................................................................... 4,050
ical damage. 200 ....................................................................... 4,130
(10) Safety devices. (i) Every container
210 ....................................................................... 4,300

except those constructed in accordance 220 ....................................................................... 4,470
303
Flow rate (3) Spherical container:

Surface area (sq. ft.) CFM air
Area=Outside diameter squared×3.1416.
230 ....................................................................... 4,630 Flow Rate-CFM Air=Required flow capacity
240 ....................................................................... 4,800 in cubic feet per minute of air at standard
250 ....................................................................... 4,960 conditions, 60 F. and atmospheric pressure
260 ....................................................................... 5,130 (14.7 p.s.i.a.).
270 ....................................................................... 5,290
280 ....................................................................... 5,450 The rate of discharge may be interpolated
290 ....................................................................... 5,610 for intermediate values of surface area. For
300 ....................................................................... 5,760 containers with total outside surface area
310 ....................................................................... 5,920 greater than 2,000 square feet, the required
320 ....................................................................... 6,080 flow rate can be calculated using the for-
330 ....................................................................... 6,230
mula, Flow Rate-CFM Air=53.632 A0.82.
340 ....................................................................... 6,390
350 ....................................................................... 6,540 A=total outside surface area of the con-
360 ....................................................................... 6,690 tainer in square feet.
370 ....................................................................... 6,840 Valves not marked ‘‘Air’’ have flow rate
380 ....................................................................... 7,000 marking in cubic feet per minute of liquefied
390 ....................................................................... 7,150 petroleum gas. These can be converted to
400 ....................................................................... 7,300
ratings in cubic feet per minute of air by
450 ....................................................................... 8,040
500 ....................................................................... 8,760 multiplying the liquefied petroleum gas rat-
550 ....................................................................... 9,470 ings by factors listed below. Air flow ratings
600 ....................................................................... 10,170 can be converted to ratings in cubic feet per
650 ....................................................................... 10,860 minute of liquefied petroleum gas by divid-
700 ....................................................................... 11,550 ing the air ratings by the factors listed
750 ....................................................................... 12,220
below.
800 ....................................................................... 12,880
850 ....................................................................... 13,540
900 ....................................................................... 14,190 AIR CONVERSION FACTORS
950 ....................................................................... 14,830 Container type ...... 100 125 150 175 200
1,000 .................................................................... 15,470 Air conversion fac-
1,050 .................................................................... 16,100 tor ...................... 1.162 1.142 1.113 1.078 1.010
1,100 .................................................................... 16,720
1,150 .................................................................... 17,350 (iii) Minimum Required Rate of Dis-
1,200 .................................................................... 17,960 charge for Safety Relief Valves for Liq-
1,250 .................................................................... 18,570
1,300 .................................................................... 19,180 uefied Petroleum Gas Vaporizers
1,350 .................................................................... 19,780 (Steam Heated, Water Heated, and Di-
1,400 .................................................................... 20,380 rect Fired).
1,450 .................................................................... 20,980
1,500 .................................................................... 21,570 The minimum required rate of dis-
1,550 .................................................................... 22,160 charge for safety relief valves shall be
1,600 .................................................................... 22,740
1,650 .................................................................... 23,320
determined as follows:
1,700 .................................................................... 23,900 (a) Obtain the total surface area by
1,750 .................................................................... 24,470 adding the surface area of vaporizer
1,800 .................................................................... 25,050 shell in square feet directly in contact
1,850 .................................................................... 25,620
1,900 .................................................................... 26,180 with LP-Gas and the heat exchanged
1,950 .................................................................... 26,750 surface area in square feet directly in
2,000 .................................................................... 27,310 contact with LP-Gas.
(b) Obtain the minimum required
Surface area=total outside surface area of rate of discharge in cubic feet of air per
container in square feet. minute, at 60 °F. and 14.7 p.s.i.a. from
When the surface area is not stamped on paragraph (b)(10)(ii) of this section, for
the nameplate or when the marking is not this total surface area.
legible, the area can be calculated by using (iv) Container and vaporizer safety
one of the following formulas: relief valves shall be set to start-to-dis-
(1) Cylindrical container with hemi-
spherical heads:
charge, with relation to the design
pressure of the container, in accord-
Area=Overall length×outside diameter×
3.1416.
ance with Table H–26.
(v) Safety relief devices used with
(2) Cylindrical container with other than
hemispherical heads:
systems employing containers other
than those constructed according to
Area=(Overall length+0.3 outside diameter)
×outside diameter×3.1416.
DOT specifications shall be so con-
NOTE: This formula is not exact, but will structed as to discharge at not less
give results within the limits of practical ac- than the rates shown in paragraph
curacy for the sole purpose of sizing relief (b)(10)(ii) of this section, before the
valves. pressure is in excess of 120 percent of
304
the maximum (not including the 10 per- the valve in cubic feet per minute of
cent referred to in paragraph (b)(10)(iv) air at 60 °F. and 14.7 p.s.i.a.; and the
of this section) permitted start to dis- manufacturer’s name and catalog num-
charge pressure setting of the device. ber, for example: T200–250–4050 AIR—in-
dicating that the valve is suitable for
TABLE H–26 use on a Type 200 container, that it is
Minimum Maximum set to start to discharge at 250 p.s.i.g.;
Containers (percent) (percent) and that its rate of discharge is 4,050
ASME Code; Par. U–68, U–69—
cubic feet per minute of air as deter-
1949 and earlier editions ........... 110 1 25 mined in subdivision (ii) of this sub-
ASME Code; Par. U–200, U– paragraph.
201—1949 edition ...................... 88 1 100
(xi) Safety relief valve assemblies, in-
ASME Code—1950, 1952, 1956,
1959, 1962, 1965 and 1968 (Di- cluding their connections, shall be of
vision I) editions ......................... 88 1 100 sufficient size so as to provide the rate
API—ASME Code—all editions .... 88 1 100
of flow required for the container on
DOT—As prescribed in 49 CFR
Chapter I. which they are installed.
1 Manufacturers of safety relief valves are allowed a plus
(xii) A hydrostatic relief valve shall
tolerance not exceeding 10 percent of the set pressure be installed between each pair of shut-
marked on the valve. off valves on liquefied petroleum gas
(vi) In certain locations sufficiently liquid piping so as to relieve into a safe
sustained high temperatures prevail atmosphere. The start-to-discharge
which require the use of a lower vapor pressure setting of such relief valves
pressure product to be stored or the use shall not be in excess of 500 p.s.i.g. The
of a higher designed pressure vessel in minimum setting on relief valves in-
order to prevent the safety valves stalled in piping connected to other
opening as the result of these tempera- than DOT containers shall not be lower
tures. As an alternative the tanks may than 140 percent of the container relief
be protected by cooling devices such as valve setting and in piping connected
by spraying, by shading, or other effec- to DOT containers not lower than 400
tive means. p.s.i.g. The start-to-discharge pressure
(vii) Safety relief valves shall be ar- setting of such a relief valve, if in-
ranged so that the possibility of tam- stalled on the discharge side of a pump,
pering will be minimized. If pressure shall be greater than the maximum
setting or adjustment is external, the pressure permitted by the recirculation
relief valves shall be provided with ap- device in the system.
proved means for sealing adjustment. (xiii) The discharge from any safety
(viii) Shutoff valves shall not be in- relief device shall not terminate in or
stalled between the safety relief de- beneath any building, except relief de-
vices and the container, or the equip- vices covered by paragraphs (b)(6)(i) (a)
ment or piping to which the safety re- through (e) of this section, or para-
lief device is connected except that a graphs (c) (4)(i) or (5) of this section.
shutoff valve may be used where the (xiv) Container safety relief devices
arrangement of this valve is such that and regulator relief vents shall be lo-
full required capacity flow through the cated not less than five (5) feet in any
safety relief device is always afforded. direction from air openings into sealed
(ix) Safety relief valves shall have di- combustion system appliances or me-
rect communication with the vapor chanical ventilation air intakes.
space of the container at all times. (11) Vaporizer and housing. (i) Indirect
(x) Each container safety relief valve fired vaporizers utilizing steam, water,
used with systems covered by para- or other heating medium shall be con-
graphs (d), (e), (g), and (h) of this sec- structed and installed as follows:
tion, except as provided in paragraph (a) Vaporizers shall be constructed in
(e)(3)(iii) of this section shall be plainly accordance with the requirements of
and permanently marked with the fol- paragraph (b)(3) (i)–(iii) of this section
lowing: ‘‘Container Type’’ of the pres- and shall be permanently marked as
sure vessel on which the valve is de- follows:
signed to be installed; the pressure in (1) With the code marking signifying
p.s.i.g. at which the valve is set to dis- the specifications to which the vapor-
charge; the actual rate of discharge of izer is constructed.
305
(2) With the allowable working pres- be installed in a building, compart-

sure and temperature for which the va- ment, room, or lean-to which shall be
porizer is designed. ventilated near the floorline and roof
(3) With the sum of the outside sur- to the outside. The device location
face area and the inside heat exchange shall be separated from all compart-
surface area expressed in square feet. ments or rooms containing liquefied
(4) With the name or symbol of the petroleum gas vaporizers, pumps, and
manufacturer. central gas mixing devices by a wall
(b) Vaporizers having an inside di- designed to withstand a static pressure
ameter of 6 inches or less exempted by of at least 100 pounds per square foot.
the ASME Unfired Pressure Vessel This wall shall have no openings or
Code, Section VIII of the ASME Boiler pipes or conduit passing through it.
and Pressure Vessel Code—1968 shall This requirement does not apply to the
have a design pressure not less than 250 domestic water heaters which may sup-
p.s.i.g. and need not be permanently ply heat for a vaporizer in a domestic
marked. system.
(c) Heating or cooling coils shall not (h) Gas-fired heating systems sup-
be installed inside a storage container. plying heat exclusively for vaporiza-
(d) Vaporizers may be installed in tion purposes shall be equipped with
buildings, rooms, sheds, or lean-tos automatic safety devices to shut off
used exclusively for gas manufacturing the flow of gas to main burners, if the
or distribution, or in other structures pilot light should fail.
of light, noncombustible construction (i) Vaporizers may be an integral part
or equivalent, well ventilated near the of a fuel storage container directly
floor line and roof. connected to the liquid section or gas
When vaporizing and/or mixing equip- section or both.
ment is located in a structure or build- (j) Vaporizers shall not be equipped
ing not used exclusively for gas manu- with fusible plugs.
facturing or distribution, either at- (k) Vaporizer houses shall not have
tached to or within such a building, unprotected drains to sewers or sump
such structure or room shall be sepa- pits.
rated from the remainder of the build- (ii) Atmospheric vaporizers employ-
ing by a wall designed to withstand a ing heat from the ground or sur-
static pressure of at least 100 pounds rounding air shall be installed as fol-
per square foot. This wall shall have no lows:
openings or pipe or conduit passing (a) Buried underground, or
through it. Such structure or room (b) Located inside the building close
shall be provided with adequate ven- to a point at which pipe enters the
tilation and shall have a roof or at building provided the capacity of the
least one exterior wall of lightweight unit does not exceed 1 quart.
construction. (c) Vaporizers of less than 1 quart ca-
(e) Vaporizers shall have, at or near pacity heated by the ground or sur-
the discharge, a safety relief valve pro- rounding air, need not be equipped with
viding an effective rate of discharge in safety relief valves provided that ade-
accordance with paragraph (b)(10)(iii) quate tests demonstrate that the as-
of this section, except as provided in sembly is safe without safety relief
paragraph (d)(4)(v)(a), of this section. valves.
(f) The heating medium lines into (iii) Direct gas-fired vaporizers shall
and leaving the vaporizer shall be probe constructed, marked, and installed
vided with suitable means for pre- as follows:
venting the flow of gas into the heat (a)(1) In accordance with the require-
systems in the event of tube rupture in ments of the American Society of Me-
the vaporizer. Vaporizers shall be pro- chanical Engineers Boiler and Pressure
vided with suitable automatic means Vessel Code—1968 that are applicable to
to prevent liquid passing through the the maximum working conditions for
vaporizers to the gas discharge piping. which the vaporizer is designed.
(g) The device that supplies the nec- (2) With the name of the manufac-
essary heat for producing steam, hot turer; rated BTU input to the burner;
water, or other heating medium may the area of the heat exchange surface
306
in square feet; the outside surface of (g) Vaporizers shall be equipped with
the vaporizer in square feet; and the automatic safety devices to shut off
maximum vaporizing capacity in gal- the flow of gas to main burners if the
lons per hour. pilot light should fail. When the flow
(b)(1) Vaporizers may be connected to through the pilot exceeds 2,000 B.t.u.
the liquid section or the gas section of per hour, the pilot also shall be
the storage container, or both; but in equipped with an automatic safety de-
any case there shall be at the container vice to shut off the flow of gas to the
a manually operated valve in each con- pilot should the pilot flame be extin-
nection to permit completely shutting guished.
off when desired, of all flow of gas or (h) Pressure regulating and pressure
liquid from container to vaporizer. reducing equipment if located within 10
(2) Vaporizers with capacity not ex- feet of a direct fire vaporizer shall be
ceeding 35 gallons per hour shall be lo- separated from the open flame by a
cated at least 5 feet from container substantially airtight noncombustible
shutoff valves. Vaporizers having ca- partition or partitions.
pacity of more than 35 gallons but not (i) Except as provided in (c) of this
exceeding 100 gallons per hour shall be subdivision, the following minimum
located at least 10 feet from the con- distances shall be maintained between
tainer shutoff valves. Vaporizers hav- direct fired vaporizers and the nearest
ing a capacity greater than 100 gallons important building or group of build-
per hour shall be located at least 15 ings:
feet from container shutoff valves. Ten feet for vaporizers having a capacity of
(c) Vaporizers may be installed in 15 gallons per hour or less vaporizing ca-
buildings, rooms, housings, sheds, or pacity.
Twenty-five feet for vaporizers having a va-
lean-tos used exclusively for vaporizing
porizing capacity of 16 to 100 gallons per
or mixing of liquefied petroleum gas. hour.
Vaporizing housing structures shall be Fifty feet for vaporizers having a vaporizing
of noncombustible construction, well capacity exceeding 100 gallons per hour.
ventilated near the floorline and the
(j) Direct fired vaporizers shall not
highest point of the roof. When vapor-
raise the product pressure above the
izer and/or mixing equipment is located
design pressure of the vaporizer equip-
in a structure or room attached to or
ment nor shall they raise the product
within a building, such structure or
pressure within the storage container
room shall be separated from the re-
above the pressure shown in the second
mainder of the building by a wall de- column of Table H–31.
signed to withstand a static pressure of (k) Vaporizers shall not be provided
at least 100 pounds per square foot. with fusible plugs.
This wall shall have no openings or (l) Vaporizers shall not have unpro-
pipes or conduit passing through it. tected drains to sewers or sump pits.
Such structure or room shall be pro- (iv) Direct gas-fired tank heaters
vided with adequate ventilation, and shall be constructed and installed as
shall have a roof or at least one exte- follows:
rior wall of lightweight construction. (a) Direct gas-fired tank heaters, and
(d) Vaporizers shall have at or near tanks to which they are applied, shall
the discharge, a safety relief valve pro- only be installed above ground.
viding an effective rate of discharge in (b) Tank heaters shall be perma-
accordance with paragraph (b)(10)(iii) nently marked with the name of the
of this section. The relief valve shall be manufacturer, the rated B.t.u. input to
so located as not to be subjected to the burner, and the maximum vapor-
temperatures in excess of 140 °F. izing capacity in gallons per hour.
(e) Vaporizers shall be provided with (c) Tank heaters may be an integral
suitable automatic means to prevent part of a fuel storage container di-
liquid passing from the vaporizer to the rectly connected to the container liq-
gas discharge piping of the vaporizer. uid section, or vapor section, or both.
(f) Vaporizers shall be provided with (d) Tank heaters shall be provided
means for manually turning off the gas with a means for manually turning off
to the main burner and pilot. the gas to the main burner and pilot.
307
(e) Tank heaters shall be equipped °F. The start-to-discharge pressure set-
with an automatic safety device to ting shall be such as to protect the
shut off the flow of gas to main burn- components involved, but not less than
ers, if the pilot light should fail. When 250 p.s.i.g. The discharge shall be di-
flow through pilot exceeds 2,000 B.t.u. rected upward and away from compo-
per hour, the pilot also shall be nent parts of the equipment and away
equipped with an automatic safety de- from operating personnel.
vice to shut off the flow of gas to the (e) Vaporizer-burners shall be pro-
pilot should the pilot flame be extin- vided with means for manually turning
guished. off the gas to the main burner and
(f) Pressure regulating and pressure pilot.
reducing equipment if located within 10 (f) Vaporizer-burners shall be
feet of a direct fired tank heater shall equipped with automatic safety devices
be separated from the open flame by a to shut off the flow of gas to the main
substantially airtight noncombustible burner and pilot in the event the pilot
partition. is extinguished.
(g) The following minimum distances (g) Pressure regulating and control
shall be maintained between a storage equipment shall be located or pro-
tank heated by a direct fired tank tected so that the temperatures sur-
heater and the nearest important rounding this equipment shall not ex-
building or group of buildings: ceed 140 °F. except that equipment
components may be used at higher
Ten feet for storage containers of less than temperatures if designed to withstand
500 gallons water capacity.
Twenty-five feet for storage containers of 500
such temperatures.
to 1,200 gallons water capacity. (h) Pressure regulating and control
Fifty feet for storage containers of over 1,200 equipment when located downstream of
gallons water capacity. the vaporizer shall be designed to with-
stand the maximum discharge tem-
(h) No direct fired tank heater shall perature of the vapor.
raise the product pressure within the (i) The vaporizer section of vaporizer-
storage container over 75 percent of the burners shall not be provided with fusi-
pressure set out in the second column ble plugs.
of Table H–31. (j) Vaporizer coils or jackets shall be
(v) The vaporizer section of vapor- made of ferrous metal or high tempera-
izer-burners used for dehydrators or ture alloys.
dryers shall be located outside of build- (k) Equipment utilizing vaporizer-
ings; they shall be constructed and in- burners shall be equipped with auto-
stalled as follows: matic shutoff devices upstream and
(a) Vaporizer-burners shall have a downstream of the vaporizer section
minimum design pressure of 250 p.s.i.g. connected so as to operate in the event
with a factor of safety of five. of excessive temperature, flame failure,
(b) Manually operated positive shut- and, if applicable, insufficient airflow.
off valves shall be located at the con- (12) Filling densities. (i) The ‘‘filling
tainers to shut off all flow to the va- density’’ is defined as the percent ratio
porizer-burners. of the weight of the gas in a container
(c) Minimum distances between stor- to the weight of water the container
age containers and vaporizer-burners will hold at 60 °F. All containers shall
shall be as follows: be filled according to the filling den-
Minimum sities shown in Table H–27.
Water capacity per container (gallons) distances
(feet) TABLE H–27—MAXIMUM PERMITTED FILLING
Less than 501 ...................................................... 10 DENSITY
501 to 2,000 ........................................................ 25
Over 2,000 ........................................................... 50 Above ground containers
0 to 1,200 Over 1,200 Under

Specific gravity
(d) The vaporizer section of vapor- at 60 °F. (15.6 U.S. gals. U.S. gals. ground con-
(1,000 imp. (1,000 imp. tainers, all
izer-burners shall be protected by a hy- °C.) gal., 4,550 gal., 4,550 capacities
drostatic relief valve. The relief valve liters) total liters) total
water cap. water cap.
shall be located so as not to be sub-
jected to temperatures in excess of 140 Percent Percent Percent
308
TABLE H–27—MAXIMUM PERMITTED FILLING reduction, gas mixing, gas manufac-

DENSITY—Continued turing, or distribution, or to house in-
ternal combustion engines, industrial
Above ground containers
processes, research and experimental
Specific gravity 0 to 1,200 Over 1,200 Under laboratories, or equipment and proc-
U.S. gals. U.S. gals. ground con-
at 60 °F. (15.6 esses using such gas and having similar
(1,000 imp. (1,000 imp. tainers, all
°C.) gal., 4,550 gal., 4,550 capacities hazard; and when such buildings, or
liters) total liters) total
water cap. water cap. separate areas thereof are constructed
in accordance with this section.
0 .496–0 .503 41 44 45 (b) Buildings, structures, or equip-
.504– .510 42 45 46
.511– .519 43 46 47 ment under construction or undergoing
.520– .527 44 47 48 major renovation provided the tem-
.528– .536 45 48 49 porary piping meets the following con-
.537– .544 46 49 50
.545– .552 47 50 51
ditions:
.553– .560 48 51 52 (1) Liquid piping inside the building
.561– .568 49 52 53 shall conform to the requirements of
.569– .576 50 53 54 paragraph (b)(8) of this section, and
.577– .584 51 54 55
.585– .592 52 55 56 shall not exceed three-fourths iron pipe
.593– .600 53 56 57 size. Copper tubing with an outside di-
ameter of three-fourths inch or less
(ii) Except as provided in paragraph may be used provided it conforms to
(b)(12)(iii) of this section, any con- Type K of Specifications for Seamless
tainer including mobile cargo tanks Water Tube, ANSI H23.1–1970 (ASTM
and portable tank containers regard- B88–69) (see Table H–24). All such pip-
less of size or construction, shipped ing shall be protected against construc-
under DOT jurisdiction or constructed tion hazards. Liquid piping inside
in accordance with 49 CFR chapter I buildings shall be kept to a minimum.
Specifications shall be charged accord- Such piping shall be securely fastened
ing to 49 CFR chapter I requirements. to walls or other surfaces so as to pro-
(iii) Portable containers not subject vide adequate protection from break-
to DOT jurisdiction (such as, but not age and so located as to subject the liq-
limited to, motor fuel containers on in- uid line to lowest ambient tempera-
dustrial and lift trucks, and farm trac- tures.
tors covered in paragraph (e) of this (2) A shutoff valve shall be installed
section, or containers recharged at the in each intermediate branch line where
installation) may be filled either by it takes off the main line and shall be
weight, or by volume using a fixed readily accessible. A shutoff valve shall
length dip tube gaging device. also be placed at the appliance end of
(13) LP-Gas in buildings. (i) Vapor the intermediate branch line. Such
shall be piped into buildings at pres- shutoff valve shall be upstream of any
sures in excess of 20 p.s.i.g. only if the flexible connector used with the appli-
buildings or separate areas thereof, (a) ance.
are constructed in accordance with this (3) Suitable excess flow valves shall
section; (b) are used excusively to be installed in the container outlet line
house equipment for vaporization, pres- supplying liquid LP-Gas to the build-
sure reduction, gas mixing, gas manu- ing. A suitable excess flow valve shall
facturing, or distribution, or to house be installed immediately downstream
internal combustion engines, industrial of each shutoff valve. Suitable excess
processes, research and experimental flow valves shall be installed where
laboratories, or equipment and proc- piping size is reduced and shall be sized
esses using such gas and having similar for the reduced size piping.
hazard; (c) buildings, structures, or (4) Hydrostatic relief valves shall be
equipment under construction or un- installed in accordance with paragraph
dergoing major renovation. (b)(10)(xii) of this section.
(ii) Liquid may be permitted in build- (5) The use of hose to carry liquid be-
ings as follows: tween the container and the building
(a) Buildings, or separate areas of or at any point in the liquid line, ex-
buildings, used exclusively to house cept at the appliance connector, shall
equipment for vaporization, pressure be prohibited.
309
(6) Where flexible connectors are nec- (vi) Filling of portable containers,
essary for appliance installation, such containers mounted on skids, fuel con-
connectors shall be as short as prac- tainers on farm tractors, or similar ap-
ticable and shall comply with para- plications, from storage containers
graph (b)(8)(ii) or (9) of this section. used in domestic or commercial serv-
(7) Release of fuel when any section ice, shall be performed not less than 50
of piping or appliances is disconnected feet from the nearest important build-
shall be minimized by either of the fol- ing.
lowing methods: (vii) The filling connection and the
(i) Using an approved automatic vent from the liquid level gages in con-
quick-closing coupling (a type closing tainers, filled at point of installation,
in both directions when coupled in the shall not be less than 10 feet in any di-
fuel line), or rection from air openings into sealed
(ii) Closing the valve nearest to the combustion system appliances or me-
appliance and allowing the appliance chanical ventilation air intakes.
to operate until the fuel in the line is (viii) Fuel supply containers shall be
consumed. gaged and charged only in the open air
(iii) Portable containers shall not be or in buildings especially provided for
taken into buildings except as provided that purpose.
in paragraph (b)(6)(i) of this section. (ix) The maximum vapor pressure of
(14) Transfer of liquids. The employer
the product at 100 °F. which may be
shall assure that (i) at least one at-
transferred into a container shall be in
tendant shall remain close to the
accordance with paragraphs (d)(2) and
transfer connection from the time the
(e)(3) of this section. (For DOT con-
connections are first made until they
tainers use DOT requirements.)
are finally disconnected, during the
transfer of the product. (x) Marketers and users shall exercise
(ii) Containers shall be filled or used precaution to assure that only those
only upon authorization of the owner. gases for which the system is designed,
(iii) Containers manufactured in ac- examined, and listed, are employed in
cordance with specifications of 49 CFR its operation, particularly with regard
part 178 and authorized by 49 CFR to pressures.
chapter 1 as a ‘‘single trip’’ or ‘‘non- (xi) Pumps or compressors shall be
refillable container’’ shall not be re- designed for use with LP-Gas. When
filled or reused in LP-Gas service. compressors are used they shall nor-
(iv) Gas or liquid shall not be vented mally take suction from the vapor
to the atmosphere to assist in transfer- space of the container being filled and
ring contents of one container to an- discharge to the vapor space of the con-
other, except as provided in paragraph tainer being emptied.
(e)(5)(iv) of this section and except that (xii) Pumping systems, when
this shall not preclude the use of listed equipped with a positive displacement
pump utilizing LP-Gas in the vapor pump, shall include a recirculating de-
phase as a source of energy and venting vice which shall limit the differential
such gas to the atmosphere at a rate pressure on the pump under normal op-
not to exceed that from a No. 31 drill erating conditions to the maximum
size opening and provided that such differential pressure rating of the
venting and liquid transfer shall be lo- pump. The discharge of the pumping
cated not less than 50 feet from the system shall be protected so that pres-
nearest important building. sure does not exceed 350 p.s.i.g. If a re-
(v) Filling of fuel containers for in- circulation system discharges into the
dustrial trucks or motor vehicles from supply tank and contains a manual
industrial bulk storage containers shutoff valve, an adequate secondary
shall be performed not less than 10 feet safety recirculation system shall be in-
from the nearest important masonry- corporated which shall have no means
walled building or not less than 25 feet of rendering it inoperative. Manual
from the nearest important building or shutoff valves in recirculation systems
other construction and, in any event, shall be kept open except during an
not less than 25 feet from any building emergency or when repairs are being
opening. made to the system.
310
(xiii) When necessary, unloading pip- conform to the distances in subpara-

ing or hoses shall be provided with graph (6)(ii) of this paragraph.
suitable bleeder valves for relieving (16) Instructions. Personnel per-
pressure before disconnection. forming installation, removal, oper-
(xiv) Agricultural air moving equip- ation, and maintenance work shall be
ment, including crop dryers, shall be properly trained in such function.
shut down when supply containers are (17) Electrical equipment and other
being filled unless the air intakes and sources of ignition. (i) Electrical equip-
sources of ignition on the equipment ment and wiring shall be of a type
are located 50 feet or more from the specified by and shall be installed in
container. accordance with subpart S of this part,
(xv) Agricultural equipment employ- for ordinary locations except that fixed
ing open flames or equipment with in- electrical equipment in classified areas
tegral containers, such as flame cul- shall comply with subparagraph (18) of
tivators, weed burners, and, in addi- this paragraph.
tion, tractors, shall be shut down dur- (ii) Open flames or other sources of
ing refueling. ignition shall not be permitted in va-
(15) Tank car or transport truck loading porizer rooms (except those housing di-
or unloading points and operations. (i) rect-fired vaporizers), pumphouses,
The track of tank car siding shall be container charging rooms or other
relatively level. similar locations. Direct-fired vapor-
(ii) A ‘‘Tank Car Connected’’ sign, as izers shall not be permitted in pump-
covered by DOT rules, shall be in- houses or container charging rooms.
stalled at the active end or ends of the (iii) Liquefied petroleum gas storage
siding while the tank car is connected. containers do not require lightning
(iii) While cars are on sidetrack for protection.
loading or unloading, the wheels at (iv) Since liquefied petroleum gas is
both ends shall be blocked on the rails. contained in a closed system of piping
(iv) The employer shall insure that and equipment, the system need not be
an employee is in attendance at all electrically conductive or electrically
times while the tank car, cars, or bonded for protection against static
trucks are being loaded or unloaded. electricity.
(v) A backflow check valve, excess- (v) Open flames (except as provided
flow valve, or a shutoff valve with for in paragraph (b)(11) of this section),
means of remote closing, to protect cutting or welding, portable electric
against uncontrolled discharge of LP- tools, and extension lights capable of
Gas from storage tank piping shall be igniting LP-Gas, shall not be permitted
installed close to the point where the within classified areas specified in
liquid piping and hose or swing joint Table H–28 unless the LP-Gas facilities
pipe is connected. have been freed of all liquid and vapor,
(vi) Where practical, the distance of or special precautions observed under
the unloading or loading point shall carefully controlled conditions.
TABLE H–28
Equipment shall be
Part Location Extent of classified area 1 suitable for Class 1,
Group D 2
A ..... Storage containers other than Within 15 feet in all directions from connections, except con- Division 2.
DOT cylinders. nections otherwise covered in Table H–28.
B ..... Tank vehicle and tank car Within 5 feet in all directions from connections regularly made Division 1.
loading and unloading 3. or disconnected for product transfer.
Beyond 5 feet but within 15 feet in all directions from a point Division 2.
where connections are regularly made or disconnected and
within the cylindrical volume between the horizontal equator
of the sphere and grade. (See Figure H–1).
C ..... Gage vent openings other than Within 5 feet in all directions from point of discharge ............... Division 1.
those on DOT cylinders. Beyond 5 feet but within 15 feet in all directions from point of
discharge.
Division 2.
D ..... Relief valve discharge other Within direct path of discharge .................................................. Division 1.
than those on DOT cylinders.

Within 5 feet in all directions from point of discharge ............... Division 1.
311
TABLE H–28—Continued
Equipment shall be
Part Location Extent of classified area 1 suitable for Class 1,
Group D 2
Beyond 5 feet but within 15 feet in all directions from point of Division 2.
discharge except within the direct path of discharge.
E ..... Pumps, compressors, gas-air .
mixers and vaporizers other
than direct fired.
Indoors without ventilation ....... Entire room and any adjacent room not separated by a gas- Division 1.
tight partition.
Within 15 feet of the exterior side of any exterior wall or roof Division 2.
that is not vaportight or within 15 feet of any exterior open-
ing.
Indoors with adequate ventila- Entire room and any adjacent room not separated by a gas- Division 2.
tion 4. tight partition.
Outdoors in open air at or Within 15 feet in all directions from this equipment and within Division 2.
abovegrade. the cylindrical volume between the horizontal equator of the
sphere and grade. See Figure H–1.
F ..... Service Station Dispensing Entire space within dispenser enclosure, and 18 inches hori- Division 1.
Units. zontally from enclosure exterior up to an elevation 4 ft.
above dispenser base. Entire pit or open space beneath
dispenser.
Up to 18 inches abovegrade within 20 ft. horizontally from any Division 2.
edge of enclosure.
NOTE: For pits within this area, see Part F of this table..
G ..... Pits or trenches containing or .
located beneath LP-Gas
valves, pumps, compressors,
regulators, and similar equip-
ment.
Without mechanical ventilation Entire pit or trench ..................................................................... Division 1.
Entire room and any adjacent room not separated by a gas- Division 1.
tight partition.
Within 15 feet in all directions from pit or trench when located Division 2.
outdoors.
With adequate mechanical Entire pit or trench ..................................................................... Division 2.
ventilation.
Entire room and any adjacent room not separated by a gas- Division 2.
tight partition.
Within 15 feet in all directions from pit or trench when located Division 2.
outdoors.
H ..... Special buildings or rooms for Entire room ................................................................................. Division 2.
storage of portable con-
tainers.
Pipelines and connections con- Within 5 ft. in all directions from point of discharge .................. Division 1.
taining operational bleeds, Beyond 5 ft. from point of discharge, same as Part E of this
drips, vents or drains. table.
J ...... Container filling:.
Indoors without ventilation ....... Entire room ................................................................................. Division 1.
Indoors with adequate ventila- Within 5 feet in all directions from connections regularly made Division 1.
tion 4. or disconnected for product transfer.
Beyond 5 feet and entire room .................................................. Division 2.
Outdoors in open air ................ Within 5 feet in all directions from connections regularly made Division 1.
or disconnected for product transfer.
Beyond 5 feet but within 15 feet in all directions from a point Division 2.
where connections are regularly made or disconnected and
within the cylindrical volume between the horizontal equator
of the sphere and grade. (See Figure H–1).
1 The classified area shall not extend beyond an unpierced wall, roof, or solid vaportight partition.
2 See subpart S of this part.
3 When classifying extent of hazardous area, consideration shall be given to possible variations in the spotting of tank cars and
tank vehicles at the unloading points and the effect these variations of actual spotting point may have on the point of connection.
4 Ventilation, either natural or mechanical, is considered adequate when the concentration of the gas in a gas-air mixture does
not exceed 25 percent of the lower flammable limit under normal operating conditions.
312
aboveground or underground service.
The dials of gages intended for use only
on aboveground containers of over 1,200
gallons water capacity shall be so
marked.
(iii) Gaging devices that require
bleeding of the product to the atmos-
phere, such as the rotary tube, fixed
tube, and slip tube, shall be designed so
that the bleed valve maximum opening
is not larger than a No. 54 drill size, un-
less provided with excess flow valve.
(iv) Gaging devices shall have a de-
sign working pressure of at least 250
FIGURE H–1 p.s.i.g.
(18) Fixed electrical equipment in classi- (v) Length of tube or position of fixed
fied areas. Fixed electrical equipment liquid-level gage shall be designed to
and wiring installed within classified indicate the maximum level to which
areas specified in Table H–28 shall com- the container may be filled for the
ply with Table H–28 and shall be in- product contained. This level shall be
stalled in accordance with Subpart S of based on the volume of the product at
this part. This provision does not apply 40 °F. at its maximum permitted filling
to fixed electrical equipment at resi- density for aboveground containers and
dential or commercial installations of at 50 °F. for underground containers.
LP-Gas systems or to systems covered The employer shall calculate the fill-
by paragraph (e) or (g) of this section. ing point for which the fixed liquid
(19) Liquid-level gaging device. (i) Each level gage shall be designed according
container manufactured after Decem- to the method in this subdivision.
ber 31, 1965, and filled on a volumetric (a) It is impossible to set out in a
basis shall be equipped with a fixed liq- table the length of a fixed dip tube for
uid-level gage to indicate the max- various capacity tanks because of the
imum permitted filling level as pro- varying tank diameters and lengths
vided in paragraph (b)(19)(v) of this sec- and because the tank may be installed
tion. Each container manufactured either in a vertical or horizontal posi-
after December 31, 1969, shall have per- tion. Knowing the maximum permitted
manently attached to the container ad- filling volume in gallons, however, the
jacent to the fixed level gage a mark- length of the fixed tube can be deter-
ing showing the percentage full that mined by the use of a strapping table
will be shown by that gage. When a obtained from the container manufac-
variable liquid-level gage is also pro- turer. The length of the fixed tube
vided, the fixed liquid-level gage will should be such that when its lower end
also serve as a means for checking the touches the surface of the liquid in the
variable gage. These gages shall be container, the contents of the con-
used in charging containers as required tainer will be the maximum permitted
in paragraph (b)(12) of this section. volume as determined by the following
(ii) All variable gaging devices shall formula:
be arranged so that the maximum liq-
uid level for butane, for a 50–50 mixture [(Water capacity (gals.) of
of butane and propane, and for propane, container*×filling
to which the container may be charged density**)÷(Specific gravity of LP-
is readily determinable. The markings Gas*×volume correction factor ×
indicating the various liquid levels 100)]=Maximum volume of LP-Gas
from empty to full shall be on the sys-
*Measured at 60 °F.
tem nameplate or gaging device or part
**From subparagraph (12) of this paragraph
may be on the system nameplate and ‘‘Filling Densities.’’
part on the gaging device. Dials of For aboveground containers the liquid
magnetic or rotary gages shall show temperature is assumed to be 40 °F. and for
whether they are for cylindrical or underground containers the liquid tempera-
spherical containers and whether for ture is assumed to be 50 °F. To correct the
313
EC27OC91.025
liquid volumes at these temperatures to 60 (vi) Fixed liquid-level gages used on
°F. the following factors shall be used. containers other than DOT containers
(b) Formula for determining max- shall be stamped on the exterior of the
imum volume of liquefied petroleum gage with the letters ‘‘DT’’ followed by
gas for which a fixed length of dip tube the vertical distance (expressed in
shall be set: inches and carried out to one decimal
place) from the top of container to the
TABLE H–29—VOLUME CORRECTION FACTORS end of the dip tube or to the centerline
Specific gravity Aboveground Underground of the gage when it is located at the
maximum permitted filling level. For
0.500 1.033 1.017
.510 1.031 1.016
portable containers that may be filled
.520 1.029 1.015 in the horizontal and/or vertical posi-
.530 1.028 1.014 tion the letters ‘‘DT’’ shall be followed
.540 1.026 1.013
.550 1.025 1.013 by ‘‘V’’ with the vertical distance from
.560 1.024 1.012 the top of the container to the end of
.570 1.023 1.011 the dip tube for vertical filling and
.580 1.021 1.011
.590 1.020 1.010 with ‘‘H’’ followed by the proper dis-
tance for horizontal filling. For DOT
(c) The maximum volume of LP-Gas containers the stamping shall be placed
which can be placed in a container both on the exterior of the gage and on
when determining the length of the dip the container. On above-ground or
tube expressed as a percentage of total cargo containers where the gages are
water content of the container is cal- positioned at specific levels, the mark-
culated by the following formula. ing may be specified in percent of total
(d) The maximum weight of LP-Gas tank contents and the marking shall be
which may be placed in a container for stamped on the container.
determining the length of a fixed dip tube (vii) Gage glasses of the columnar
is determined by multiplying the max- type shall be restricted to charging
imum volume of liquefied petroleum plants where the fuel is withdrawn in
gas obtained by the formula in para- the liquid phase only. They shall be
graph (b)(19)(b) of this section by the equipped with valves having metallic
pounds of liquefied petroleum gas in a
handwheels, with excess flow valves,
gallon at 40 °F. for abovegound and at
and with extra-heavy glass adequately
50 °F. for underground containers. For
protected with a metal housing applied
example, typical pounds per gallon are
specified below: by the gage manufacturer. They shall
be shielded against the direct rays of
Example: Assume a 100-gallon total water the sun. Gage glasses of the columnar
capacity tank for aboveground storage of type are prohibited on tank trucks, and
propane having a specific gravity of 0.510 of
60 °F. on motor fuel tanks, and on containers
[(100 (gals.)×42 (filling density from subpara- used in domestic, commercial, and in-
graph (12) of this paragraph))÷(0.510×1.031 dustrial installations.
(correction factor from Table H– (viii) Gaging devices of the float, or
29)×100)]=(4200÷52.6) equivalent type which do not require
(4200÷52.6)=79.8 gallons propane, the max- flow for their operation and having
imum amount permitted to be placed in a connections extending to a point out-
100-gallon total water capacity above-
ground container equipped with a fixed dip side the container do not have to be
tube. equipped with excess flow valves pro-
[(Maximum volume of LP-Gas (from formula vided the piping and fittings are ade-
in subdivision (b) of this subdivi- quately designed to withstand the con-
sion)×100)÷Total water content of container tainer pressure and are properly pro-
in gallons]=Maximum percent of LP-Gas tected against physical damage and
Above- Under-
breakage.
ground, ground, (20) Requirements for appliances. (i)
pounds per pounds per
gallon gallon Except as provided in paragraph
(b)(20)(ii) of this section, new commer-
Propane ......................................... 4.37 4.31 cial and industrial gas consuming ap-
N Butane ....................................... 4.97 4.92

pliances shall be approved.
314
(ii) Any appliance that was originally (4) Containers and regulating equip-
manufactured for operation with a gas- ment installed outside of buildings or
eous fuel other than LP-Gas and is in structures. (i) Containers shall not be
good condition may be used with LP- buried below ground. However, this
Gas only after it is properly converted, shall not prohibit the installation in a
adapted, and tested for performance compartment or recess below grade
with LP-Gas before the appliance is level such as a niche in a slope or ter-
placed in use. race wall which is used for no other
(iii) Unattended heaters used inside purpose, providing that the container
buildings for the purpose of animal or and regulating equipment are not in
poultry production or care shall be contact with the ground and the com-
equipped with an approved automatic partment or recess is drained and ven-
device designed to shut off the flow of tilated horizontally to the outside air
gas to the main burners, and pilot if from its lowest level, with the outlet at
used, in the event of flame extinguish- least 3 feet away from any building
ment. opening which is below the level of
(iv) All commercial, industrial, and such outlet.
agricultural appliances or equipment Except as provided in paragraph
shall be installed in accordance with (b)(10)(xiii) of this section, the dis-
the requirements of this section and in charge from safety relief devices shall
accordance with the following NFPA be located not less than 3 feet hori-
consensus standards, which are incor- zontally away from any building open-
porated by reference as specified in ing which is below the level of such dis-
§ 1910.6: charge and shall not terminate beneath
(a) Domestic and commercial appli- any building unless such space is well
ances—NFPA 54–1969, Standard for the ventilated to the outside and is not en-
Installation of Gas Appliances and Gas closed on more than two sides.
Piping. (ii) Containers shall be set upon firm
(b) Industrial appliances—NFPA 54A– foundation or otherwise firmly secured;
1969, Standard for the Installation of the possible effect on the outlet piping
Gas Piping and Gas Equipment on In- of settling shall be guarded against by
dustrial Premises and Certain Other a flexible connection or special fitting.
Premises. (5) Containers and equipment used in-
(c) Standard for the Installation and side of buildings or structures. (i) When
Use of Stationary Combustion Engines operational requirements make port-
and Gas Turbines—NFPA 37–1970. able use of containers necessary and
(d) Standard for the Installation of their location outside of buildings or
Equipment for the Removal of Smoke structure is impracticable, containers
and Grease-Laden Vapors from Com- and equipment are permitted to be
mercial Cooking Equipment, NFPA 96– used inside of buildings or structures in
1970. accordance with (a) through (l) of this
(c) Cylinder systems—(1) Application. subdivision, and, in addition, such
This paragraph applies specifically to other provisions of this subparagraph
systems utilizing containers con- as are applicable to the particular use
structed in accordance with DOT Spec- or occupancy.
ifications. All requirements of para- (a) Containers in use shall mean con-
graph (b) of this section apply to this nected for use.
paragraph unless otherwise noted in (b) Systems utilizing containers hav-
paragraph (b) of this section. ing a water capacity greater than 21⁄2
(2) Marking of containers. Containers pounds (nominal 1 pound LP-Gas ca-
shall be marked in accordance with pacity) shall be equipped with excess
DOT regulations. Additional markings flow valves. Such excess flow valves
not in conflict with DOT regulations shall be either integral with the con-
may be used. tainer valves or in the connections to
(3) Description of a system. A system the container valve outlets. In either
shall include the container base or case, an excess flow valve shall be in-
bracket, containers, container valves, stalled in such a manner that any
connectors, manifold valve assembly, undue strain beyond the excess flow
regulators, and relief valves. valve will not cause breakage between
315
the container and the excess flow The provisions of this paragraph (h) do
valve. The installation of excess flow not apply to tar kettle burners, torch-
valves shall take into account the type es, melting pots, nor do they apply to
of valve protection provided. portable heaters under 7,500 B.t.u.h.
(c) Regulators, if used, shall be either input when used with containers hav-
directly connected to the container ing a maximum water capacity of 21⁄2
valves or to manifolds connected to the pounds. Container valves, connectors,
container values. The regulator shall regulators, manifolds, piping, and tub-
be suitable for use with LP-Gas. Mani- ing shall not be used as structural sup-
folds and fittings connecting con- ports for heaters.
tainers to pressure regulator inlets (i) Containers, regulating equipment,
shall be designed for at least 250 p.s.i.g. manifolds, pipe, tubing, and hose shall
service pressure. be located so as to minimize exposure
(d) Valves on containers having a to abnormally high temperatures (such
water capacity greater than 50 pounds as may result from exposure to convec-
(nominal 20 pounds LP-Gas capacity) tion or radiation from heating equip-
shall be protected while in use. ment or installation in confined
(e) Containers shall be marked in ac- spaces), physical damage, or tampering
cordance with paragraph (b)(5)(iii) of by unauthorized persons.
this section and paragraph (c)(2) of this (j) Heat producing equipment shall be
section. located and used so as to minimize the
(f) Pipe or tubing shall conform to possibility of ignition of combustibles.
paragraph (b)(8) of this section except (k) Containers having a water capac-
that aluminum pipe or tubing shall not ity greater than 21⁄2 pounds (nominal 1
be used. pound LP-Gas capacity) connected for
(g)(1) Hose shall be designed for a use, shall stand on a firm and substan-
working pressure of at least 250 p.s.i.g. tially level surface and, when nec-
Hose and hose connections shall have essary, shall be secured in an upright
their correctness as to design, con- position.
struction and performance determined (l) Containers, including the valve
by listing by a nationally recognized protective devices, shall be installed so
testing laboratory. The hose length as to minimize the probability of im-
may exceed the length specified in pingement of discharge of safety relief
paragraph (b)(9)(vii)(b) of this section, devices upon containers.
but shall be as short as practicable. (ii) Containers having a maximum
Refer to § 1910.7 for definition of nation- water capacity of 21⁄2 pounds (nominal 1
ally recognized testing laboratory. pound LP-Gas capacity) are permitted
(2) Hose shall be long enough to per- to be used inside of buildings as part of
mit compliance with spacing provi- approved self-contained hand torch as-
sions of this subparagraph without semblies or similar appliances.
kinking or straining or causing hose to (iii) Containers having a maximum
be so close to a burner as to be dam- water capacity of 12 pounds (nominal 5
aged by heat. pounds LP-Gas capacity) are permitted
(h) Portable heaters, including sala- to be used temporarily inside of build-
manders, shall be equipped with an ap- ings for public exhibition or dem-
proved automatic device to shut off the onstration purposes, including use for
flow of gas to the main burner, and classroom demonstrations.
pilot if used, in the event of flame ex- (iv) [Reserved]
tinguishment. Such heaters having in- (v) Containers are permitted to be
puts above 50,000 B.t.u. manufactured used in buildings or structures under
on or after May 17, 1967, and such heat- construction or undergoing major ren-
ers having inputs above 100,000 B.t.u. ovation when such buildings or struc-
manufactured before May 17, 1967, shall tures are not occupied by the public, as
be equipped with either. follows:
(1) A pilot which must be lighted and (a) The maximum water capacity of
proved before the main burner can be individual containers shall be 245
turned on; or pounds (nominal 100 pounds LP-Gas ca-
(2) An electric ignition system. pacity).
316
(b) For temporary heating such as (b) Containers connected to a mani-

curing concrete, drying plaster and fold shall have a total water capacity
similar applications, heaters (other not greater than 735 pounds (nominal
than integral heater-container units) 300 pounds LP-Gas capacity) and not
shall be located at least 6 feet from any more than one such manifold may be
LP-Gas container. This shall not pro- located in the same room unless sepa-
hibit the use of heaters specifically derated at least 20 feet from a similar
signed for attachment to the container unit.
or to a supporting standard, provided (c) The amount of LP-Gas in con-
they are designed and installed so as to tainers for research and experimental
prevent direct or radiant heat applica- use shall be limited to the smallest
tion from the heater onto the con- practical quantity.
tainer. Blower and radiant type heaters (vii)(a) Containers are permitted to
shall not be directed toward any LP- be used in industrial occupancies with
Gas container within 20 feet. essentially noncombustible contents
(c) If two or more heater-container where portable equipment for space
heating is essential and where a perma-
units, of either the integral or non-
nent heating installation is not prac-
integral type, are located in an
tical, as follows:
unpartitioned area on the same floor,
(b) Containers and heaters shall com-
the container or containers of each
ply with and be used in accordance
unit shall be separated from the con- with paragraph (c)(5)(v) of this section.
tainer or containers of any other unit (viii) Containers are permitted to be
by at least 20 feet. used in buildings for temporary emer-
(d) When heaters are connected to gency heating purposes, if necessary to
containers for use in an unpartitioned prevent damage to the buildings or
area on the same floor, the total water contents, when the permanent heating
capacity of containers manifolded to- system is temporarily out of service, as
gether for connection to a heater or follows:
heaters shall not be greater than 735 (a) Containers and heaters shall com-
pounds (nominal 300 pounds LP-Gas ca- ply with and be used in accordance
pacity). Such manifolds shall be sepa- with paragraph (c)(5)(v) of this section.
rated by at least 20 feet. (b) The temporary heating equipment
(e) On floors on which heaters are not shall not be left unattended.
connected for use, containers are per- (ix) Containers are permitted to be
mitted to be manifolded together for used temporarily in buildings for train-
connection to a heater or heaters on ing purposes related in installation and
another floor, Provided: use of LP-Gas systems, as follows:
(1) The total water capacity of con- (a) The maximum water capacity of
tainers connected to any one manifold individual containers shall be 245
is not greater than 2,450 pounds (nomi- pounds (nominal 100 pounds LP-Gas ca-
nal 1,000 pounds LP-Gas capacity) and; pacity), but the maximum quantity of
(2) Where more than one manifold LP-Gas that may be placed in each
having a total water capacity greater container shall be 20 pounds.
than 735 pounds (nominal 300 pounds (b) If more than one such container is
LP-Gas capacity) are located in the located in the same room, the con-
same unpartitioned area, they shall be tainers shall be separated by at least 20
separated by at least 50 feet. feet.
(6) Container valves and accessories. (i)
(f) Storage of containers awaiting use
Valves in the assembly of multiple con-
shall be in accordance with paragraph
tainer systems shall be arranged so
(f) of this section.
that replacement of containers can be
(vi) Containers are permitted to be
made without shutting off the flow of
used in industrial occupancies for proc-
gas in the system.
essing, research, or experimental pur-
poses as follows: NOTE: This provision is not to be construed
(a) The maximum water capacity of as requiring an automatic changeover de-
vice.
individual containers shall be 245
pounds (nominal 100 pounds LP-Gas ca- (ii) Regulators and low-pressure re-
pacity). lief devices shall be rigidly attached to
317
the cylinder valves, cylinders, sup- the relief valve and the space above the
porting standards, the building walls or regulator and relief valve diaphragms
otherwise rigidly secured and shall be shall be vented to the outside air with
so installed or protected that the ele- the discharge outlet located not less
ments (sleet, snow, or ice) will not af- than 3 feet horizontally away from any
fect their operation. building opening which is below such
(iii) Valves and connections to the discharge. These provisions do not
containers shall be protected while in apply to individual appliance regu-
transit, in storage, and while being
lators when protection is otherwise
moved into final utilization, as follows:
provided nor to paragraph (c)(5) of this
(a) By setting into the recess of the
container to prevent the possibility of section and paragraph (b)(10)(xiii) of
their being struck if the container is this section. In buildings devoted ex-
dropped upon a flat surface, or clusively to gas distribution purposes,
(b) By ventilated cap or collar, fas- the space above the diaphragm need
tened to the container capable of with- not be vented to the outside.
standing a blow from any direction (8) Reinstallation of containers. Con-
equivalent to that of a 30-pound weight tainers shall not be reinstalled unless
dropped 4 feet. Construction must be they are requalified in accordance with
such that a blow will not be trans- DOT regulations.
mitted to the valve or other connec- (9) Permissible product. A product
tion. shall not be placed in a container
(iv) When containers are not con- marked with a service pressure less
nected to the system, the outlet valves than four-fifths of the maximum vapor
shall be kept tightly closed or plugged, pressure of product at 130 °F.
even though containers are considered
(d) Systems utilizing containers other
empty.
than DOT containers—(1) Application.
(v) Containers having a water capac-
ity in excess of 50 pounds (approxi- This paragraph applies specifically to
mately 21 pounds LP-Gas capacity), re- systems utilizing storage containers
charged at the installation, shall be other than those constructed in accord-
provided with excess flow or backflow ance with DOT specifications. Para-
check valves to prevent the discharge graph (b) of this section applies to this
of container contents in case of failure paragraph unless otherwise noted in
of the filling or equalizing connection. paragraph (b) of this section.
(7) Safety devices. (i) Containers shall (2) Design pressure and classification of
be provided with safety devices as re- storage containers. Storage containers
quired by DOT regulations. shall be designed and classified in ac-
(ii) A final stage regulator of an LP- cordance with Table H–31.
Gas system (excluding any appliance
regulator) shall be equipped on the low- TABLE H–31
pressure side with a relief valve which
Minimum design pressure of con-
is set to start to discharge within the tainer, lb. per sq. in. gage
limits specified in Table H–30. For gases
with vapor 1949 edition of ASME
press. Not 1949 and Code (Par. U–200,
TABLE H–30 Con- to exceed earlier edi- U–201); 1950, 1952,
tainer lb. per sq. tions of 1956, 1959, 1962,
type
Relief valve start-to-dis- in. gage at ASME 1965, and 1968 (Divi-
charge pressure setting 100 °F. Code (Par. sion 1) editions of
(percent of regulator (37.8 °C.) U–68, U– ASME Code; All edi-
Regulator delivery pressure 69) tions of API-ASME
delivery pressure)
Code 3
Minimum Maximum
1 80 1 80 1 80 1 100
1 p.s.i.g. or less ............................. 200 300 100 100 100 125
Above 1 p.s.i.g. but not over 3
125 125 125 156
p.s.i.g ......................................... 140 200
Above 3 p.s.i.g .............................. 125 200 150 150 150 187
175 175 175 219
2 200 215 200 250
(iii) When a regulator or pressure re-
lief valve is used inside a building for 1 New storage containers of the 80 type have not been au-
thorized since Dec. 31, 1947.
other than purposes specified in para-
graphs (b)(6)(i) (a)–(g) of this section,
318
2 Container type may be increased by increments of 25.
(3) Threaded directly into a substan-
The minimum design pressure of containers shall be 100% of
the container type designation when constructed under 1949 tial fitting threaded into or on the
or earlier editions of the ASME Code (Par. U–68 and U–69). service outlet of the container.
the container type designation when constructed under: (1) (c) The shutoff valve is equipped with
the 1949 ASME Code (Par. U–200 and U–201), (2) 1950,
1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions an attached handwheel or the equiva-
of the ASME Code, and (3) all editions of the API-ASME lent.
Code.
3 Construction of containers under the API-ASME Code is (d) The controlling orifice between
not authorized after July 1, 1961. the contents of the container and the
(3) Container valves and accessories, outlet of the shutoff valve does not ex-
filler pipes, and discharge pipes. (i) The ceed five-sixteenths inch in diameter
filling pipe inlet terminal shall not be for vapor withdrawal systems and one-
located inside a building. For con- eighth inch in diameter for liquid with-
tainers with a water capacity of 125 drawal systems.
gallons or more, such terminals shall (e) An approved pressure-reducing
be located not less than 10 feet from regulator is directly attached to the
any building (see paragraph (b)(6)(ii) of outlet of the shutoff valve and is rig-
this section), and preferably not less idly supported, or that an approved
than 5 feet from any driveway, and pressure-reducing regulator is attached
shall be located in a protective housing to the outlet of the shutoff valve by
built for the purpose. means of a suitable flexible connection,
(ii) The filling connection shall be provided the regulator is adequately
fitted with one of the following: supported and properly protected on or
(a) Combination back-pressure check at the tank.
valve and excess flow valve. (v) All inlet and outlet connections
(b) One double or two single back- except safety relief valves, liquid level
pressure check valves. gaging devices and pressure gages on
(c) A positive shutoff valve, in con- containers of 2,000 gallons water capac-
junction with either: ity, or more, and on any container used
(1) An internal back-pressure valve, to supply fuel directly to an internal
or combustion engine, shall be labeled to
(2) An internal excess flow valve. designate whether they communicate
(iii) All openings in a container shall
with vapor or liquid space. Labels may
be equipped with approved automatic
be on valves.
excess flow valves except in the fol-
lowing: Filling connections as provided (vi) In lieu of an excess flow valve
in paragraph (d)(3)(ii) of this section; openings may be fitted with a quick-
safety relief connections, liquid-level closing internal valve which, except
gaging devices as provided in para- during operating periods shall remain
graphs (b)(7)(iv), (19)(iii), and (19)(viii) closed. The internal mechanism for
of this section; pressure gage connec- such valves may be provided with a
tions as provided in paragraph (b)(7)(v) secondary control which shall be
of this section, as provided in para- equipped with a fusible plug (not over
graphs (d) (iv), (vi), and (vii) of this 220 °F. melting point) which will cause
section. the internal valve to close automati-
(iv) An excess flow valve is not re- cally in case of fire.
quired in the withdrawal service line (vii) Not more than two plugged
providing the following are complied openings shall be permitted on a con-
with: tainer of 2,000 gallons or less water ca-
(a) Such systems’ total water capac- pacity.
ity does not exceed 2,000 U.S. gallons. (viii) Containers of 125 gallons water
(b) The discharge from the service capacity or more manufactured after
outlet is controlled by a suitable July 1, 1961, shall be provided with an
manually operated shutoff valve which approved device for liquid evacuation,
is: the size of which shall be three-fourths
(1) Threaded directly into the service inch National Pipe Thread minimum. A
outlet of the container; or plugged opening will not satisfy this
(2) Is an integral part of a substantial requirement.
fitting threaded into or on the service (4) Safety devices. (i) All safety de-
outlet of the container; or vices shall comply with the following:
319
(a) All container safety relief devices section provided by a spring-loaded re-
shall be located on the containers and lief valve or valves. In addition to the
shall have direct communication with required spring-loaded relief valve(s),
the vapor of space of the container. suitable fuse plug(s) may be used pro-
(b) In industrial and gas manufac- vided the total discharge area of the
turing plants, discharge pipe from safe- fuse plug(s) for each container does not
ty relief valves on pipe lines within a exceed 0.25 square inch.
building shall discharge vertically up- (b) The fusible metal of the fuse plugs
ward and shall be piped to a point out- shall have a yield temperature of 208
side a building. °F. minimum and 220 °F. maximum. Re-
(c) Safety relief device discharge ter- lief valves and fuse plugs shall have di-
minals shall be so located as to provide rect communication with the vapor
protection against physical damage space of the container.
and such discharge pipes shall be fitted (c) On a container having a water ca-
with loose raincaps. Return bends and pacity greater than 125 gallons, but not
restrictive pipefittings shall not be over 2,000 gallons, the discharge from
permitted. the safety relief valves shall be vented
(d) If desired, discharge lines from away from the container vertically up-
two or more safety relief devices lo- wards and unobstructed to the open air
cated on the same unit, or similar lines in such a manner as to prevent any im-
from two or more different units, may pingement of escaping gas upon the
be run into a common discharge head- container; loose-fitting rain caps shall
er, provided that the cross-sectional be used. Suitable provision shall be
area of such header be at least equal to made for draining condensate which
the sum of the cross-sectional area of may accumulate in the relief valve or
the individual discharge lines, and that its discharge pipe.
the setting of safety relief valves are (d) On containers of 125 gallons water
the same. capacity or less, the discharge from
(e) Each storage container of over safety relief devices shall be located
2,000 gallons water capacity shall be not less than 5 feet horizontally away
provided with a suitable pressure gage. from any opening into the building
(f) A final stage regulator of an LP- below the level of such discharge.
Gas system (excluding any appliance (e) On a container having a water ca-
regulator) shall be equipped on the low- pacity greater than 2,000 gallons, the
pressure side with a relief valve which discharge from the safety relief valves
is set to start to discharge within the shall be vented away from the con-
limits specified in Table H–30. tainer vertically upwards to a point at
(g) When a regulator or pressure re- least 7 feet above the container, and
lief valve is installed inside a building, unobstructed to the open air in such a
the relief valve and the space above the manner as to prevent any impingement
regulator and relief valve diaphragms of escaping gas upon the container;
shall be vented to the outside air with loose-fitting rain caps shall be used.
the discharge outlet located not less Suitable provision shall be made so
than 3 feet horizontally away from any that any liquid or condensate that may
opening into the building which is accumulate inside of the safety relief
below such discharge. (These provisions valve or its discharge pipe will not
do not apply to individual appliance render the valve inoperative. If a drain
regulators when protection is other- is used, a means shall be provided to
wise provided. In buildings devoted ex- protect the container, adjacent con-
clusively to gas distribution purposes, tainers, piping, or equipment against
the space above the diaphragm need impingement of flame resulting from
not be vented to the outside.) ignition of product escaping from the
(ii) Safety devices for aboveground drain.
containers shall be provided as follows: (iii) On all containers which are in-
(a) Containers of 1,200 gallons water stalled underground and which contain
capacity or less which may contain liq- no liquid fuel until buried and covered,
uid fuel when installed above ground the rate of discharge of the spring-load-
shall have the rate of discharge re- ed relief valve installed thereon may be
quired by paragraph (b)(10)(ii) of this reduced to a minimum of 30 percent of
320
the rate of discharge specified in paragraph (c)(4) of this section and para-
graph (b)(10)(ii) of this section. Con- graph (b)(19) of this section respec-
tainers so protected shall not be uncov- tively for aboveground containers.
ered after installation until the liquid (6) Capacity of containers. A storage
fuel has been removed therefrom. Con- container shall not exceed 90,000 gal-
tainers which may contain liquid fuel lons water capacity.
before being installed under ground and (7) Installation of storage containers. (i)
before being completely covered with Containers installed above ground, ex-
earth are to be considered aboveground cept as provided in paragraph (c)(7)(vii)
containers when determining the rate of this section, shall be provided with
of discharge requirement of the relief substantial masonry or noncombus-
valves. tible structural supports on firm ma-
(iv) On underground containers of sonry foundation.
more than 2,000 gallons water capacity, (ii) Aboveground containers shall be
the discharge from safety relief devices
supported as follows:
shall be piped vertically and directly
upward to a point at least 7 feet above (a) Horizontal containers shall be
the ground. mounted on saddles in such a manner
as to permit expansion and contrac-
Where there is a probability of the tion. Structural metal supports may be
manhole or housing becoming flooded, employed when they are protected
the discharge from regulator vent lines against fire in an approved manner.
shall be above the highest probable Suitable means of preventing corrosion
water level. All manholes or housings shall be provided on that portion of the
shall be provided with ventilated container in contact with the founda-
louvers or their equivalent, the area of tions or saddles.
such openings equaling or exceeding (b) Containers of 2,000 gallons water
the combined discharge areas of the capacity or less may be installed with
safety relief valves and other vent lines nonfireproofed ferrous metal supports
which discharge their content into the if mounted on concrete pads or foot-
manhole housing. ings, and if the distance from the out-
(v) Safety devices for vaporizers shall side bottom of the container shell to
be provided as follows: the concrete pad, footing, or the
(a) Vaporizers of less than 1 quart ground does not exceed 24 inches.
total capacity, heated by the ground or
(iii) Any container may be installed
the surrounding air, need not be
with nonfireproofed ferrous metal sup-
equipped with safety relief valves pro-
ports if mounted on concrete pads or
vided that adequate tests certified by
footings, and if the distance from the
any of the authorities referred to in
outside bottom of the container to the
paragraph (b)(2) of this section, dem-
ground does not exceed 5 feet, provided
onstrate that the assembly is safe
the container is in an isolated location.
without safety relief valves.
(b) No vaporizer shall be equipped (iv) Containers may be partially bur-
with fusible plugs. ied providing the following require-
(c) In industrial and gas manufac- ments are met:
turing plants, safety relief valves on (a) The portion of the container
vaporizers within a building shall be below the surface and for a vertical dis-
piped to a point outside the building tance not less than 3 inches above the
and be discharged upward. surface of the ground is protected to
(5) Reinstallation of containers. Con- resist corrosion, and the container is
tainers may be reinstalled if they do protected against settling and corro-
not show any evidence of harmful ex- sion as required for fully buried con-
ternal corrosion or other damage. tainers.
Where containers are reinstalled un- (b) Spacing requirements shall be as
derground, the corrosion resistant specified for underground tanks in
coating shall be put in good condition paragraph (b)(6)(ii) of this section.
(see paragraph (c)(7)(vi) of this sec- (c) Relief valve capacity shall be as
tion). Where containers are reinstalled required for aboveground containers.
above ground, the safety devices and (d) Container is located so as not to
gaging devices shall comply with para- be subject to vehicular damage, or is
321
adequately protected against such inches below the outside bottom of the
damage. container shell.
(e) Filling densities shall be as re- (d) Flanges, nozzles, valves, fittings,
quired for above-ground containers. and the like, having communication
(v) Containers buried underground with the interior of the container, shall
shall be placed so that the top of the be protected against physical damage.
container is not less than 6 inches (e) When not permanently located on
below grade. Where an underground fire-resisting foundations, piping con-
container might be subject to abrasive nections shall be sufficiently flexible
action or physical damage due to ve- to minimize the possibility of breakage
hicular traffic or other causes, then it or leakage of connections if the con-
shall be: tainer settles, moves, or is otherwise
(a) Placed not less than 2 feet below displaced.
grade, or (f) Skids, or lugs for attachment of
(b) Otherwise protected against such skids, shall be secured to the container
physical damage. in accordance with the code or rules
It will not be necessary to cover the under which the container is designed
portion of the container to which man- and built (with a minimum factor of
hole and other connections are affixed; safety of four) to withstand loading in
however, where necessary, protection any direction equal to four times the
shall be provided against vehicular weight of the container and attach-
damage. When necessary to prevent ments when filled to the maximum per-
floating, containers shall be securely missible loaded weight.
anchored or weighted. (viii) Field welding where necessary
(vi)(a) Containers shall be given a shall be made only on saddle plates or
protective coating before being placed brackets which were applied by the
under ground. This coating shall be manufacturer of the tank.
equivalent to hot-dip galvanizing or to (ix) For aboveground containers, se-
two coatings of red lead followed by a cure anchorage or adequate pier height
heavy coating of coal tar or asphalt. In shall be provided against possible con-
lowering the container into place, care tainer flotation wherever sufficiently
shall be exercised to prevent damage to high floodwater might occur.
the coating. Any damage to the coat- (x) When permanently installed con-
ing shall be repaired before backfilling. tainers are interconnected, provision
(b) Containers shall be set on a firm shall be made to compensate for expan-
foundation (firm earth may be used) sion, contraction, vibration, and set-
and surrounded with earth or sand tling of containers, and inter-
firmly tamped in place. connecting piping. Where flexible con-
(vii) Containers with foundations at- nections are used, they shall be of an
tached (portable or semiportable con- approved type and shall be designed for
tainers with suitable steel ‘‘runners’’ a bursting pressure of not less than five
or ‘‘skids’’ and popularly known in the times the vapor pressure of the product
industry as ‘‘skid tanks’’) shall be de- at 100 °F. The use of nonmetallic hose
signed, installed, and used in accord- is prohibited for permanently inter-
ance with these rules subject to the fol- connecting such containers.
lowing provisions: (xi) Container assemblies listed for
(a) If they are to be used at a given interchangeable installation above
general location for a temporary period ground or under ground shall conform
not to exceed 6 months they need not to the requirements for aboveground
have fire-resisting foundations or sad- installations with respect to safety re-
dles but shall have adequate ferrous lief capacity and filling density. For
metal supports. installation above ground all other re-
(b) They shall not be located with the quirements for aboveground installa-
outside bottom of the container shell tions shall apply. For installation
more than 5 feet above the surface of under ground all other requirements
the ground unless fire-resisting sup- for underground installations shall
ports are provided. apply.
(c) The bottom of the skids shall not (8) Protection of container accessories.
be less than 2 inches or more than 12 (i) Valves, regulating, gaging, and
322
other container accessory equipment ment, loading and unloading facilities,

shall be protected against tampering and cylinder-filling facilities shall be
and physical damage. Such accessories enclosed with at least a 6-foot-high in-
shall also be so protected during the dustrial type fence unless otherwise
transit of containers intended for in- adequately protected. There shall be at
stallation underground. least two means of emergency access.
(ii) On underground or combination (13) Container-charging plants. (i) The
aboveground-underground containers, container-charging room shall be lo-
the service valve handwheel, the ter- cated not less than:
minal for connecting the hose, and the (a) Ten feet from bulk storage con-
opening through which there can be a tainers.
flow from safety relief valves shall be (b) [Reserved]
at least 4 inches above the container (ii) Tank truck filling station outlets
and this opening shall be located in the shall be located not less than:
dome or housing. Underground systems (a) [Reserved]
shall be so installed that all the above (b) Ten feet from pumps and compres-
openings, including the regulator vent, sors if housed in one or more separate
are located above the normal max- buildings.
imum water table. (iii) The pumps or compressors may
(iii) All connections to underground be located in the container-charging
containers shall be located within a room or building, in a separate build-
substantial dome, housing, or manhole ing, or outside of buildings. When
and with access thereto protected by a housed in a separate building, such
substantial cover. building (a small noncombustible
(9) Drips for condensed gas. Where va- weather cover is not to be construed as
porized gas on the low-pressure side of a building) shall be located not less
the system may condense to a liquid at than:
normal operating temperatures and (a) Ten feet from bulk storage tanks.
pressures, suitable means shall be pro- (b) [Reserved]
vided for revaporization of the conden- (c) Twenty-five feet from sources of
sate. ignition.
(10) Damage from vehicles. When dam- (iv) When a part of the container-
age to LP-Gas systems from vehicular charging building is to be used for a
traffic is a possibility, precautions boiler room or where open flames or
against such damage shall be taken. similar sources of ignition exist or are
(11) Drains. No drains or blowoff lines employed, the space to be so occupied
shall be directed into or in proximity shall be separated from container
to sewer systems used for other pur- charging room by a partition wall or
poses. walls of fire-resistant construction
(12) General provisions applicable to continuous from floor to roof or ceil-
systems in industrial plants (of 2,000 gal- ing. Such separation walls shall be
lons water capacity and more) and to bulk without openings and shall be joined to
filling plants. (i) When standard watch the floor, other walls, and ceiling or
service is provided, it shall be extended roof in a manner to effect a permanent
to the LP-Gas installation and per- gas-tight joint.
sonnel properly trained. (v) Electrical equipment and installa-
(ii) If loading and unloading are nor- tions shall conform with paragraphs (b)
mally done during other than daylight (17) and (18) of this section.
hours, adequate lights shall be pro- (14) Fire protection. (i) Each bulk
vided to illuminate storage containers, plant shall be provided with at least
control valves, and other equipment. one approved portable fire extinguisher
(iii) Suitable roadways or means of having a minimum rating of 12–B, C.
access for extinguishing equipment (ii) In industrial installations involv-
such as wheeled extinguishers or fire ing containers of 150,000 gallons aggre-
department apparatus shall be pro- gate water capacity or more, provision
vided. shall be made for an adequate supply of
(iv) To minimize trespassing or tam- water at the container site for fire pro-
pering, the area which includes con- tection in the container area, unless
tainer appurtenances, pumping equip- other adequate means for fire control
323
are provided. Water hydrants shall be shall comply with the provisions of
readily accessible and so spaced as to paragraph (h) of this section.
provide water protection for all con- (iv) LP-Gas fueled industrial trucks
tainers. Sufficient lengths of firehose shall comply with the Standard for
shall be provided at each hydrant loca- Type Designations, Areas of Use, Main-
tion on a hose cart, or other means tenance and Operation of Powered In-
provided to facilitate easy movement dustrial Trucks, NFPA 505–1969, which
of the hose in the container area. It is is incorporated by reference as speci-
desirable to equip the outlet of each fied in § 1910.6.
hose line with a combination fog noz- (v) Engines on vehicles shall be shut
zle. A shelter shall be provided to pro- down while fueling if the fueling oper-
tect the hose and its conveyor from the ation involves venting to the atmos-
weather. phere.
(15) [Reserved] (3) Design pressure and classification of
(16) Lighting. Electrical equipment fuel containers. (i) Except as covered in
and installations shall conform to paragraphs (e)(3) (ii) and (iii) of this
paragraphs (b) (17) and (18) of this sec- section, containers shall be in accord-
tion. ance with Table H–32.
(17) Vaporizers for internal combustion (ii) Fuel containers for use in indus-
engines. The provisions of paragraph trial trucks (including lift trucks)
(e)(8) of this section shall apply. shall be either DOT containers author-
(18) Gas regulating and mixing equip- ized for LP-Gas service having a min-
ment for internal combustion engines. The imum service pressure of 240 p.s.i.g. or
provisions of paragraph (e)(9) of this minimum Container Type 250. Under
section shall apply. 1950 and later ASME codes, this means
(e) Liquefied petroleum gas as a motor a 312.5–p.s.i.g. design pressure con-
fuel—(1) Application. (i) This paragraph tainer.
applies to internal combustion engines,
fuel containers, and pertinent equip- TABLE H–32
ment for the use of liquefied petroleum
gases as a motor fuel on easily mov- Minimum design pressure of con-
tainer, lb. per sq. in. gage
able, readily portable units including For gases
self-propelled vehicles. with vapor 1949 edition of ASME
press. Not 1949 and Code (Par. U–200,
(ii) Fuel containers and pertinent Con- to exceed earlier edi- U–201); 1950, 1952,
tainer
equipment for internal combustion en- lb. per sq. tions of 1956, 1959, 1962,
type in. gage at ASME 1965, and 1968 (Divi-
gines using liquefied petroleum gas 100 °F. Code (Par. sion 1) editions of
where installation is of the stationary (37.8 °C.) U–68, U– ASME Code; All edi-
69) tions of API-ASME
type are covered by paragraph (d) of Code 2
this section. This paragraph does not
1 200 215Z 200 250
apply to containers for transportation
of liquefied petroleum gases nor to ma- 1 Container type may be increased by increments of 25.
rine fuel use. All requirements of para- the container type designation when constructed under 1949
graph (b) of this section apply to this or earlier editions of the ASME Code (Par. U–68 and U–69).
paragraph, unless otherwise noted in the container type designation when constructed under: (1)
paragraph (b) of this section. the 1949 ASME Code (Par. U–200 and U–201), (2) 1950,
1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions
(2) General. (i) Fuel may be used from of the ASME Code, and (3) all editions of the API-ASME
the cargo tank of a truck while in tran- Code.
2 Construction of containers under the API-ASME Code is
sit, but not from cargo tanks on trail- not authorized after July 1, 1961.
ers or semitrailers. The use of fuel
from the cargo tanks to operate sta- (iii) Containers manufactured and
tionary engines is permitted providing maintained under DOT specifications
wheels are securely blocked. and regulations may be used as fuel
(ii) Passenger-carrying vehicles shall containers. When so used they shall
not be fueled while passengers are on conform to all requirements of this
board. paragraph.
(iii) Industrial trucks (including lift (iv) All container inlets and outlets
trucks) equipped with permanently except safety relief valves and gaging
mounted fuel containers shall be devices shall be labeled to designate
charged outdoors. Charging equipment whether they communicate with vapor
324
or liquid space. Labels may be on (ii) The filling connection shall be

valves. fitted with an approved double back-
(4) Installation of fuel containers. (i) pressure check valve, or a positive
Containers shall be located in a place shutoff in conjunction with an internal
and in a manner to minimize the possi- back-pressure check valve. On a remov-
bility of damage to the container. Con- able container the filler valve may be a
tainers located in the rear of trucks hand operated shutoff valve with an in-
and buses, when protected by substan- ternal excess flow valve. Main shutoff
tial bumpers, will be considered in con- valves on the container on liquid and
formance with this requirement. Fuel vapor lines must be readily accessible.
containers on passenger-carrying vehi- (iii) With the exceptions of paragraph
cles shall be installed as far from the (e)(5)(iv)(c) of this section, filling con-
engine as is practicable, and the pas- nections equipped with approved auto-
senger space and any space containing matic back-pressure check valves, and
radio equipment shall be sealed from safety relief valves, all connections to
the container space to prevent direct containers having openings for the flow
seepage of gas to these spaces. The con- of gas in excess of a No. 54 drill size
tainer compartment shall be vented to shall be equipped with approved auto-
the outside. In case the fuel container matic excess flow valves to prevent dis-
is mounted near the engine or the ex- charge of content in case connections
haust system, the container shall be are broken.
shielded against direct heat radiation. (iv) Liquid-level gaging devices:
(ii) Containers shall be installed with (a) Variable liquid-level gages which
as much clearance as practicable but require the venting of fuel to the at-
never less than the minimum road mosphere shall not be used on fuel con-
clearance of the vehicle under max- tainers of industrial trucks (including
lift trucks).
imum spring deflection. This minimum
(b) On portable containers that may
clearance shall be to the bottom of the
be filled in the vertical and/or hori-
container or to the lowest fitting on
zontal position, the fixed liquid-level
the container or housing, whichever is
gage must indicate maximum per-
lower.
mitted filling level for both vertical
(iii) Permanent and removable fuel and horizontal filling with the con-
containers shall be securely mounted tainer oriented to place the safety re-
to prevent jarring loose, slipping, or ro- lief valve in communication with the
tating, and the fastenings shall be de- vapor space.
signed and constructed to withstand (c) In the case of containers used
static loading in any direction equal to solely in farm tractor service, and
twice the weight of the tank and at- charged at a point at least 50 feet from
tachments when filled with fuel using a any important building, the fixed liq-
safety factor of not less than four uid-level gaging device may be so con-
based on the ultimate strength of the structed that the outward flow of con-
material to be used. Field welding, tainer content exceeds that passed by a
when necessary, shall be made only on No. 54 drill size opening, but in no case
saddle plates, lugs or brackets, origi- shall the flow exceed that passed by a
nally attached to the container by the No. 31 drill-size opening. An excess flow
tank manufacturer. valve is not required. Fittings equipped
(iv) Fuel containers on buses shall be with such restricted drill size opening
permanently installed. and container on which they are used
(v) Containers from which vapor only shall be marked to indicate the size of
is to be withdrawn shall be installed the opening.
and equipped with suitable connections (d) All valves and connections on
to minimize the accidental withdrawal containers shall be adequately pro-
of liquid. tected to prevent damage due to acci-
(5) Valves and accessories. (i) Con- dental contact with stationary objects
tainer valves and accessories shall have or from loose objects thrown up from
a rated working pressure of at least 250 the road, and all valves shall be safe-
p.s.i.g., and shall be of a type suitable guarded against damage due to colli-
for liquefied petroleum gas service. sion, overturning or other accident.
325
For farm tractors where parts of the traffic. A rain cap or other protector
vehicle provide such protection to shall be used to keep water and dirt
valves and fittings, the foregoing re- from collecting in the valve.
quirements shall be considered ful- (iii) When a discharge line from the
filled. However, on removable type con- container safety relief valve is used,
tainers the protection for the fittings the line shall be metallic, other than
shall be permanently attached to the aluminum, and shall be sized, located,
container. and maintained so as not to restrict
(e) When removable fuel containers the required flow of gas from the safety
are used, means shall be provided in relief valve. Such discharge line shall
the fuel system to minimize the escape be able to withstand the pressure re-
of fuel when the containers are ex- sulting from the discharge of vapor
changed. This may be accomplished by when the safety relief valve is in the
either of the following methods: full open position. When flexibility is
(1) Using an approved automatic necessary, flexible metal hose or tub-
quick-closing coupling (a type closing ing shall be used.
in both directions when uncoupled) in (iv) Portable containers equipped for
the fuel line, or volumetric filling may be filled in ei-
(2) Closing the valve at the fuel con- ther the vertical or horizontal position
tainer and allowing the engine to run only when oriented to place the safety
until the fuel in the line is consumed. relief valve in communication with the
(6) Piping—including pipe, tubing, and vapor space.
fittings. (i) Pipe from fuel container to (v) Paragraph (b)(10)(xii) of this sec-
first-stage regulator shall be not less tion for hydrostatic relief valves shall
than schedule 80 wrought iron or steel apply.
(black or galvanized), brass or copper; (8) Vaporizers. (i) Vaporizers and any
or seamless copper, brass, or steel tub- part thereof and other devices that
ing. Steel tubing shall have a min- may be subjected to container pressure
imum wall thickness of 0.049 inch. shall have a design pressure of at least
Steel pipe or tubing shall be ade- 250 p.s.i.g.
quately protected against exterior cor-
(ii) Each vaporizer shall have a valve
rosion. Copper tubing shall be types K
or suitable plug which will permit sub-
or L or equivalent having a minimum
stantially complete draining of the va-
wall thickness of 0.032 inch. Approved
porizer. It shall be located at or near
flexible connections may be used be-
the lowest portion of the section occu-
tween container and regulator or be-
pied by the water or other heating me-
tween regulator and gas-air mixer
dium.
within the limits of approval. The use
(iii) Vaporizers shall be securely fas-
of aluminum pipe or tubing is prohib-
tened so as to minimize the possibility
ited. In the case of removable con-
of becoming loosened.
tainers an approved flexible connection
shall be used between the container (iv) Each vaporizer shall be perma-
and the fuel line. nently marked at a visible point as fol-
(ii) All piping shall be installed, lows:
braced, and supported so as to reduce (a) With the design pressure of the
to a minimum the possibility of vibra- fuel-containing portion in p.s.i.g.
tion strains or wear. (b) With the water capacity of the
(7) Safety devices. (i) Spring-loaded in- fuel-containing portion of the vapor-
ternal type safety relief valves shall be izer in pounds.
used on all motor fuel containers. (v) Devices to supply heat directly to
(ii) The discharge outlet from safety a fuel container shall be equipped with
relief valves shall be located on the an automatic device to cut off the sup-
outside of enclosed spaces and as far as ply of heat before the pressure inside
practicable from possible sources of ig- the fuel container reaches 80 percent of
nition, and vented upward within 45 de- the start to discharge pressure setting
grees of the vertical in such a manner of the safety relief device on the fuel
as to prevent impingement of escaping container.
gas upon containers, or parts of vehi- (vi) Engine exhaust gases may be
cles, or on vehicles in adjacent lines of used as a direct source of heat supply
326
for the vaporization of fuel if the mate- where they will not constitute a haz-
rials of construction of those parts of ard.
the vaporizer in contact with exhaust (iii) Provision shall be made to sup-
gases are resistant to the corrosive ac- ply sufficient air for combustion and
tion of exhaust gases and the vaporizer cooling.
system is designed to prevent excessive (iv) An approved automatic shutoff
pressures. valve shall be provided in the fuel sys-
(vii) Vaporizers shall not be equipped tem ahead of the engine, designed to
with fusible plugs. prevent flow of fuel to the engine when
(9) Gas regulating and mixing equip- the ignition is off or if the engine
ment. (i) Approved automatic pressure should stop.
reducing equipment shall be installed (v) The capacity of LP-Gas con-
in a secure manner between the fuel tainers used with such engines shall
supply container and gas-air mixer for comply with the applicable occupancy
the purpose of reducing the pressure of provision of paragraph (c)(5) of this sec-
the fuel delivered to the gas-air mixer. tion.
(ii) An approved automatic shutoff (13) Industrial trucks inside buildings.
valve shall be provided in the fuel sys- (i) LP-Gas-fueled industrial trucks are
tem at some point ahead of the inlet of permitted to be used in buildings and
the gas-air mixer, designed to prevent structures.
flow of fuel to the mixer when the igni- (ii) No more than two LP-Gas con-
tion is off and the engine is not run- tainers shall be used on an industrial
ning. In the case of industrial trucks truck for motor fuel purposes.
and engines operating in buildings (iii)–(iv) [Reserved]
other than those used exclusively to (v) Industrial trucks shall not be
house engines, the automatic shutoff parked and left unattended in areas of
valve shall be designed to operate if the possible excessive heat or sources of ig-
engine should stop. Atmospheric type nition.
regulators (zero governors) shall be (14) Garaging LP-Gas-fueled vehicles.
considered adequate as an automatic (i) LP-Gas-fueled vehicles may be
shutoff valve only in cases of outdoor stored or serviced inside garages pro-
operation such as farm tractors, con- vided there are no leaks in the fuel sys-
struction equipment, irrigation pump tem and the fuel tanks are not filled
engines, and other outdoor stationary beyond the maximum filling capacity
engine installations. specified in paragraph (b)(12)(i) of this
(iii) The source of the air for combus- section.
tion shall be completely isolated from (ii) LP-Gas-fueled vehicles being re-
the passenger compartment, ven- paired in garages shall have the con-
tilating system, or air-conditioning tainer shutoff valve closed except when
system. fuel is required for engine operation.
(10) [Reserved] (iii) Such vehicles shall not be
(11) Stationary engines in buildings. parked near sources of heat, open
Stationary engines and gas turbines in- flames, or similar sources of ignition
stalled in buildings, including portable or near open pits unless such pits are
engines used instead of or to supple- adequately ventilated.
ment stationary engines, shall comply (f) Storage of containers awaiting use or
with the Standard for the Institution resale—(1) Application. This paragraph
and Use of Stationary Combustion En- shall apply to the storage of portable
gines and Gas Turbines, NFPA 37–1970, containers not in excess of 1,000 pounds
and the appropriate provisions of para- water capacity, filled or partially
graphs (b), (c), and (d) of this section. filled, at user location but not con-
(12) Portable engines in buildings. (i) nected for use, or in storage for resale
Portable engines may be used in build- by dealers or resellers. This paragraph
ings only for emergency use, except as shall not apply to containers stored at
provided by subparagraph (11) of this charging plants or at plants devoted
paragraph. primarily to the storage and distribu-
(ii) Exhaust gases shall be discharged tion of LP-Gas or other petroleum
to outside the building or to an area products.
327
(2) General. (i) Containers in storage (iii) A portion of the exterior walls or
shall be located so as to minimize ex- roof having an area not less than 10
posure to excessive temperature rise, percent of that of the combined area of
physical damage, or tampering by un- the enclosing walls and roof shall be of
authorized persons. explosion relieving construction.
(ii) Containers when stored inside (iv) Each opening from such storage
shall not be located near exits, stair- rooms to other parts of the building
ways, or in areas normally used or in- shall be protected by a 11⁄2 hour (B) fire
tended for the safe exit of people. door listed by a nationally recognized
(iii) Container valves shall be pro- testing laboratory. Refer to § 1910.7 for
tected while in storage as follows: definition of nationally recognized
(a) By setting into recess of con- testing laboratory.
(v) Such rooms shall have no open
tainer to prevent the possibility of
flames for heating or lighting.
their being struck if the container is
(vi) Such rooms shall be adequately
dropped upon a flat surface, or
ventilated both top and bottom to the
(b) By ventilated cap or collar, fas- outside only. The openings from such
tened to container capable of with- vents shall be at least 5 feet away from
standing blow from any direction any other opening into any building.
equivalent to that of a 30-pound weight (vii) The floors of such rooms shall
dropped 4 feet. Construction must be not be below ground level. Any space
such that a blow will not be trans- below the floor shall be of solid fill or
mitted to a valve or other connection. properly ventilated to the open air.
(iv) The outlet valves of containers in (viii) Such storage rooms shall not be
storage shall be closed. located adjoining the line of property
(v) Empty containers which have occupied by schools, churches, hos-
been in LP-Gas service when stored in- pitals, athletic fields or other points of
side, shall be considered as full con- public gathering.
tainers for the purpose of determining (ix) Fixed electrical equipment shall
the maximum quantity of LP-Gas per- be installed in accordance with para-
mitted by this paragraph. graph (b)(18) of this section.
(3) [Reserved] (6) Storage outside of buildings. (i)
(4) Storage within buildings not fre- Storage outside of buildings, for con-
quented by the public (such as industrial tainers awaiting use or resale, shall be
buildings). (i) The quantity of LP-Gas located in accordance with Table H–33
stored shall not exceed 300 pounds (ap- with respect to:
proximately 2,550 cubic feet in vapor (a) The nearest important building or
form) except as provided in subpara- group of buildings;
graph (5) of this paragraph. (b) [Reserved]
(ii) Containers carried as a part of (c) Busy thoroughfares;
service equipment on highway mobile
TABLE H–33
vehicles are not to be considered in the
total storage capacity in subdivision (i) Quantity of LP-Gas Stored Distance
of this subparagraph provided such ve-
500 pounds or less .............................................. 0
hicles are stored in private garages, 501 to 2,500 pounds ........................................... 10
and are limited to one container per 2,501 to 6,000 pounds ........................................ 10 feet
vehicle with an LP-Gas capacity of not 6,001 to 10,000 pounds ...................................... 20 feet
Over 10,000 pounds ............................................ 25 feet
more than 100 pounds. All container
1 Container or containers shall be at least 10 feet from any
valves shall be closed. building on adjoining property, any sidewalk, or any of the ex-
(5) Storage within special buildings or posures described in § 1910.110(f)(6)(i) (c) or (d) of this
paragraph.
rooms. (i) The quantity of LP-Gas
stored in special buildings or rooms (ii) Containers shall be in a suitable
shall not exceed 10,000 pounds. enclosure or otherwise protected
(ii) The walls, floors, and ceilings of against tampering.
container storage rooms that are with- (7) Fire protection. Storage locations
in or adjacent to other parts of the other than supply depots separated and
building shall be constructed of mate- located apart from dealer, reseller, or
rial having at least a 2-hour fire resist- user establishments shall be provided
ance rating. with at least one approved portable fire
328
extinguisher having a minimum rating ondary control which will cause it to

of 8–B, C. close automatically in case of fire.
(g) [Reserved] When a fusible plug is used its melting
(h) Liquefied petroleum gas service sta- point shall not exceed 220 °F.
tions—(1) Application. This paragraph (ii) A filling pipe inlet terminal not
applies to storage containers, and dis- on the container shall be fitted with a
pensing devices, and pertinent equip- positive shutoff valve in conjunction
ment in service stations where LP-Gas with either;
is stored and is dispensed into fuel (a) A black pressure check valve, or
tanks of motor vehicles. See paragraph
(b) An excess flow check valve.
(e) of this section for requirements cov-
ering use of LP-Gas as a motor fuel. All (iii) All openings in the container ex-
requirements of paragraph (b) of this cept those listed below shall be
section apply to this paragraph unless equipped with approved excess flow
otherwise noted. check valves:
(2) Design pressure and classification of (a) Filling connections as provided in
storage containers. Storage containers subdivision (i) of this subparagraph.
shall be designed and classified in ac- (b) Safety relief connections as pro-
cordance with Table H–34. vided in paragraph (b)(7)(ii) of this sec-
tion.
TABLE H–34 (c) Liquid-level gaging devices as pro-
Minimum design pressure of con-
vided in paragraphs (b)(7)(iv) and
tainer, lb. per sq. in. gage (19)(iv) of this section.
For gases
with vapor 1949 edition of ASME (d) Pressure gage connections as pro-
Con- press. Not 1949 and Code (Par. U–200, vided in paragraph (b)(7)(v) of this sec-
to exceed earlier edi- U–201); 1950, 1952,
tainer lb. per sq. tions of 1956, 1959, 1962, tion.
type in. gage at ASME 1965, and 1968 (Divi- (iv) All container inlets and outlets
100 °F. Code (Par. sion 1) editions of
(37.8 °C.) U–68, U– ASME Code; All edi- except those listed below shall be la-
69) tions of API-ASME beled to designate whether they con-
Code 2
nect with vapor or liquid (labels may
1 200 215 200 250 be on valves):
1 Container type may be increased by increments of 25. (a) Safety relief valves.
The minimum design pressure of containers shall be 100 per-
cent of the container type designation when constructed (b) Liquid-level gaging devices.
under 1949 or earlier editions of the ASME Code (Par. U–68 (c) Pressure gages.
and U–69). The minimum design pressure of containers shall
be 125 percent of the container type designation when con- (v) Each storage container shall be
structed under: (1) The 1949 ASME Code (Paragraphs U–200 provided with a suitable pressure gage.
and U–201), (2) 1950, 1952, 1956, 1959, 1962, 1965, and
1968 (Division 1) editions of the ASME Code, and (3) all edi- (4) Safety-relief valves. (i) All safety-
tions of the API-ASME Code.
2 Construction of containers under the API-ASME Code is relief devices shall be installed as fol-
not authorized after July 1, 1961. lows:
(3) Container valves and accessories. (i) (a) On the container and directly con-
A filling connection on the container nected with the vapor space.
shall be fitted with one of the fol- (b) Safety-relief valves and discharge
lowing: piping shall be protected against phys-
(a) A combination back-pressure ical damage. The outlet shall be pro-
check and excess flow valve. vided with loose-fitting rain caps.
(b) One double or two single back- There shall be no return bends or re-
pressure valves. strictions in the discharge piping.
(c) A positive shutoff valve, in con- (c) The discharge from two or more
junction with either, safety relief valves having the same
(1) An internal back-pressure valve, pressure settings may be run into a
or common discharge header. The cross-
(2) On internal excess flow valve. sectional area of such header shall be
In lieu of an excess flow valve, filling at least equal to the sum of the cross-
connections may be fitted with a sectional areas of the individual dis-
quick-closing internal valve, which charges.
shall remain closed except during oper- (d) Discharge from any safety relief
ating periods. The mechanism for such device shall not terminate in any
valves may be provided with a sec- building nor beneath any building.
329
(ii) Aboveground containers shall be which specifies minimum distances to

provided with safety relief valves as a building and groups of buildings.
follows:
Minimum distances
(a) The rate of discharge, which may
be provided by one or more valves, Water capacity per container (gal- Above- Between
ground above-
shall be not less than that specified in lons) and underground
paragraph (b)(10)(ii) of this section. ground containers
(feet) (feet)
(b) The discharge from safety relief
valves shall be vented to the open air Up to 2,000 .................................... 25 3
unobstructed and vertically upwards in Over 2,000 ..................................... 50 5
such a manner as to prevent any im- NOTE: The above distances may be reduced to not less
pingement of escaping gas upon the than 10 feet for service station buildings of other than wood
frame construction.
container; loose-fitting rain caps shall
be used. On a container having a water (b) Readily ignitible material includ-
capacity greater than 2,000 gallons, the ing weeds and long dry grass, shall be
discharge from the safety relief valves removed within 10 feet of containers.
shall be vented away from the con- (c) The minimum separation between
tainer vertically upwards to a point at LP-Gas containers and flammable liq-
least 7 feet above the container. Suit- uid tanks shall be 20 feet and the min-
able provisions shall be made so that imum separation between a container
any liquid or condensate that may ac- and the centerline of the dike shall be
cumulate inside of the relief valve or 10 feet.
its discharge pipe will not render the (d) LP-Gas containers located near
valve inoperative. If a drain is used, a
flammable liquid containers shall be
means shall be provided to protect the
protected against the flow or accumu-
container, adjacent containers, piping,
lation of flammable liquids by diking,
or equipment against impingement of
diversion curbs, or grading.
flame resulting from ignition of the
product escaping from the drain. (e) LP-Gas containers shall not be lo-
(iii) Underground containers shall be cated within diked areas for flammable
provided with safety relief valves as liquid containers.
follows: (f) Field welding is permitted only on
(a) The discharge from safety-relief saddle plates or brackets which were
valves shall be piped vertically upward applied by the container manufacturer.
to a point at least 10 feet above the (g) When permanently installed con-
ground. The discharge lines or pipes tainers are interconnected, provision
shall be adequately supported and pro- shall be made to compensate for expan-
tected against physical damage. sion, contraction, vibration, and set-
(b) [Reserved] tling of containers and interconnecting
(c) If no liquid is put into a container piping. Where flexible connections are
until after it is buried and covered, the used, they shall be of an approved type
rate of discharge of the relief valves and shall be designed for a bursting
may be reduced to not less than 30 per- pressure of not less than five times the
cent of the rate shown in paragraph vapor pressure of the product at 100 °F.
(b)(10)(ii) of this section. If liquid fuel The use of nonmetallic hose is prohib-
is present during installation of con- ited for interconnecting such con-
tainers, the rate of discharge shall be tainers.
the same as for aboveground con- (h) Where high water table or flood
tainers. Such containers shall not be conditions may be encountered protec-
uncovered until emptied of liquid fuel. tion against container flotation shall
(5) Capacity of liquid containers. Indi- be provided.
vidual liquid storage containers shall (ii) Aboveground containers shall be
not exceed 30,000 gallons water capac- installed in accordance with this sub-
ity.
division.
(6) Installation of storage containers.
(a) Containers may be installed hori-
(i)(a) Each storage container used ex-
zontally or vertically.
clusively in service station operation
shall comply with the following table
330
(b) Containers shall be protected by of a loaded vehicle imposing con-

crash rails or guards to prevent phys- centrated direct loads on the container
ical damage unless they are so pro- shell.
tected by virtue of their location. Vehi- (7) Protection of container fittings.
cles shall not be serviced within 10 feet Valves, regulators, gages, and other
of containers. container fittings shall be protected
(c) Container foundations shall be of against tampering and physical dam-
substantial masonry or other non- age.
combustible material. Containers shall (8) Transport truck unloading point. (i)
be mounted on saddles which shall per- During unloading, the transport truck
mit expansion and contraction, and
shall not be parked on public thorough-
shall provide against the excessive con-
fares and shall be at least 5 feet from
centration of stresses. Corrosion pro-
storage containers, and shall be posi-
tection shall be provided for tank-
tioned so that shutoff valves are read-
mounting areas. Structural metal con-
ily accessible.
tainer supports shall be protected
against fire. This protection is not re- (ii) The filling pipe inlet terminal
quired on prefabricated storage and shall not be located within a building
pump assemblies, mounted on a com- nor within 10 feet of any building or
mon base, with container bottom not driveway. It shall be protected against
more than 24 inches above ground and physical damage.
whose water capacity is 2,000 gallons or (9) Piping, valves, and fittings. (i) Pip-
less if the piping connected to the storing may be underground, above ground,
age and pump assembly is sufficiently or a combination of both. It shall be
flexible to minimize the possibility of well supported and protected against
breakage or leakage in the event of physical damage and corrosion.
failure of the container supports. (ii) Piping laid beneath driveways
(iii) Underground containers shall be shall be installed to prevent physical
installed in accordance with this sub- damage by vehicles.
division. (iii) Piping shall be wrought iron or
(a) Containers shall be given a pro- steel (black or galvanized), brass or
tective coating before being placed copper pipe; or seamless copper, brass,
under ground. This coating shall be or steel tubing and shall be suitable for
equivalent to hot-dip galvanizing or to a minimum pressure of 250 p.s.i.g. Pipe
two coatings of red lead followed by a joints may be screwed, flanged, brazed,
heavy coating of coal tar or asphalt. In or welded. The use of aluminum alloy
lowering the container into place, care piping or tubing is prohibited.
shall be exercised to minimize abrasion (iv) All shutoff valves (liquid or gas)
or other damage to the coating. Dam- shall be suitable for liquefied petro-
age to the coating shall be repaired be- leum gas service and designed for not
fore back-filling. less than the maximum pressure to
(b) Containers shall be set on a firm
which they may be subjected. Valves
foundation (firm earth may be used)
which may be subjected to container
and surrounded with earth or sand
pressure shall have a rated working
firmly tamped in place. Backfill should
pressure of at least 250 p.s.i.g.
be free of rocks or other abrasive mate-
rials. (v) All materials used for valve seats,
(c) A minimum of 2 feet of earth packing, gaskets, diaphragms, etc.,
cover shall be provided. Where ground shall be resistant to the action of LP-
conditions make compliance with this Gas.
requirement impractical, equivalent (vi) Fittings shall be steel, malleable
protection against physical damage iron, or brass having a minimum work-
shall be provided. The portion of the ing pressure of 250 p.s.i.g. Cast iron
container to which manhole and other pipe fittings, such as ells, tees, and
connections are attached need not be unions shall not be used.
covered. If the location is subjected to (vii) All piping shall be tested after
vehicular traffic, containers shall be assembly and proved free from leaks at
protected by a concrete slab or other not less than normal operating pres-
cover adequate to prevent the weight sures.
331
(viii) Provision shall be made for ex- (b) LP-Gas dispensing devices shall
pansion, contraction, jarring, and vi- be installed on a concrete foundation
bration, and for settling. This may be or as part of a complete storage and
accomplished by flexible connections. dispensing assembly mounted on a
(10) Pumps and accessories. All pumps common base, and shall be adequately
and accessory equipment shall be suit- protected from physical damage.
able for LP-Gas service, and designed (c) LP-Gas dispensing devices shall
for not less than the maximum pres- not be installed within a building ex-
sure to which they may be subjected. cept that they may be located under a
Accessories shall have a minimum weather shelter or canopy provided
rated working pressure of 250 p.s.i.g. this area is not enclosed on more than
Positive displacement pumps shall be two sides. If the enclosing sides are ad-
equipped with suitable pressure actu- jacent to each other, the area shall be
ated bypass valves permitting flow properly ventilated.
from pump discharge to storage con- (vii) The dispensing of LP-Gas into
tainer or pump suction. the fuel container of a vehicle shall be
(11) Dispensing devices. (i) Meters, performed by a competent attendant
vapor separators, valves, and fittings who shall remain at the LP-Gas dis-
in the dispenser shall be suitable for penser during the entire transfer oper-
LP-Gas service and shall be designed ation.
for a minimum working pressure of 250 (12) Additional rules. There shall be no
p.s.i.g. smoking on the driveway of service
(ii) Provisions shall be made for vent- stations in the dispensing areas or
ing LP-Gas contained in a dispensing transport truck unloading areas. Con-
device to a safe location. spicuous signs prohibiting smoking
(iii) Pumps used to transfer LP-Gas shall be posted within sight of the cus-
shall be equipped to allow control of tomer being served. Letters on such
the flow and to prevent leakage or ac- signs shall be not less than 4 inches
cidental discharge. Means shall be pro- high. The motors of all vehicles being
vided outside the dispensing device to fueled shall be shut off during the fuel-
readily shut off the power in the event ing operations.
of fire or accident. (13) Electrical. Electrical equipment
(iv) A manual shutoff valve and an and installations shall conform to
excess flow check valve shall be in- paragraphs (b) (17) and (18) of this sec-
stalled downstream of the pump and tion.
ahead of the dispenser inlet. (14) Fire protection. Each service sta-
(v)(a) Dispensing hose shall be resist- tion shall be provided with at least one
ant to the action of LP-Gas in the liq- approved portable fire extinguisher
uid phase and designed for a minimum having at least an 8–B, C, rating.
bursting pressure of 1,250 p.s.i.g. (i) Scope—(1) Application. (i) Para-
(b) An excess flow check valve or graph (b) of this section applies to in-
automatic shutoff valve shall be installations made in accordance with
stalled at the terminus of the liquid the requirements of paragraphs (c), (d),
line at the point of attachment of the (e), (g), and (h) of this section, except
dispensing hose. as noted in each of those paragraphs.
(vi)(a) LP-Gas dispensing devices (ii) Paragraphs (c) through (h) of this
shall be located not less than 10 feet section apply as provided in each of
from aboveground storage containers those paragraphs.
greater than 2,000 gallons water capac- (2) Inapplicability. This section does
ity. The dispensing devices shall not be not apply to:
less than 20 feet from any building (not (i) Marine and pipeline terminals,
including canopies), basement, cellar, natural gas processing plants, refin-
pit, or line of adjoining property which eries, or tank farms other than those
may be built upon and not less than 10 at industrial sites.
feet from sidewalks, streets, or thor- (ii) LP-Gas refrigerated storage sys-
oughfares. No drains or blowoff lines tems;
shall be directed into or in proximity (iii) LP-Gas when used with oxygen.
to the sewer systems used for other The requirements of § 1910.253 shall
purposes. apply to such use;
332
(iv) LP-Gas when used in utility gas § 1910.111 Storage and handling of an-
plants. The National Fire Protection hydrous ammonia.
Association Standard for the Storage (a) General—(1) Scope. (i) This stand-
and Handling of Liquefied Petroleum ard is intended to apply to the design,
Gases at Utility Gas Plants, NFPA No. construction, location, installation,
59–1968, shall apply to such use; and operation of anhydrous ammonia
(v) Low-pressure (not in excess of systems including refrigerated ammo-
one-half pound per square inch or 14 nia storage systems.
inches water column) LP-Gas piping (ii) This standard does not apply to:
systems, and the installation and oper- (a) Ammonia manufacturing plants.
ation of residential and commercial ap- (b) Refrigeration plants where ammo-
pliances including their inlet connec- nia is used solely as a refrigerant.
tions, supplied through such systems. (2) Definitions. As used in this sec-
For such systems, the National Fire tion.
(i) Appurtenances. All devices such as
Protection Association Standard for
pumps, compressors, safety relief de-
the Installation of Gas Appliances and
vices, liquid-level gaging devices,
Gas Piping, NFPA 54–1969 shall apply. valves and pressure gages.
(3) Retroactivity. Unless otherwise (ii) Cylinder. A container of 1,000
stated, it is not intended that the pro- pounds of water capacity or less con-
visions of this section be retroactive. structed in accordance with Depart-
(i) Existing plants, appliances, equipment of Transportation specifications.
ment, buildings, structures, and instal- (iii) Code. The Boiler and Pressure
lations for the storage, handling or use Vessel Code, Section VIII, Unfired
of LP-Gas, which were in compliance Pressure Vessels of the American Soci-
with the current provisions of the Na- ety of Mechanical Engineers (ASME)—
tional Fire Protection Association 1968.
Standard for the Storage and Handling (iv) Container. Includes all vessels,
of Liquefied Petroleum Gases NFPA tanks, cylinders, or spheres used for
No. 58, at the time of manufacture or transportation, storage, or application
installation may be continued in use, if of anhydrous ammonia.
such continued use does not constitute (v) DOT. U.S. Department of Trans-
a recognized hazard that is causing or portation.
(vi) Design pressure is identical to the
is likely to cause death or serious
term Maximum Allowable Working Pres-
physical harm to employees.
sure used in the Code.
(ii) Stocks of equipment and appli- (vii) Farm vehicle (implement of hus-
ances on hand in such locations as bandry). A vehicle for use on a farm on
manufacturers’ storage, distribution which is mounted a container of not
warehouses, and dealers’ storage and over 1,200 gallons water capacity.
showrooms, which were in compliance (viii) Filling density. the percent ratio
with the current provisions of the Na- of the weight of the gas in a container
tional Fire Protection Association to the weight of water at 60 °F. that
Standard for the Storage and Handling the container will hold.
of Liquefied Petroleum Gases, NFPA (ix) Gas. Anhydrous ammonia in ei-
No. 58, at the time of manufacture, ther the gaseous or liquefied state.
may be placed in service, if such use (x) Gas masks. Gas masks must be ap-
does not constitute a recognized hazard proved by the National Institute for
that is causing or is likely to cause Occupational Safety and Health
death or serious physical harm to em- (NIOSH) under 42 CFR part 84 for use
ployees. with anhydrous ammonia.
(xi) Capacity. Total volume of the
[39 FR 23502, June 27, 1974, as amended at 43 container in standard U.S. gallons.
FR 49747, Oct. 24, 1978; 49 FR 5322, Feb. 10, (xii) DOT specifications—Regulations
1984; 53 FR 12122, Apr. 12, 1988; 55 FR 25094, of the Department of Transportation
June 20, 1990; 55 FR 32015, Aug. 6, 1990; 58 FR published in 49 CFR Chapter I.
35309, June 30, 1993; 61 FR 9237, 9238, Mar. 7,
(b) Basic rules. This paragraph applies
1996; 63 FR 33466, June 18, 1998]
to all paragraphs of this section unless
otherwise noted.
333
(1) Approval of equipment and systems. of the unit involved. The document
Each appurtenance shall be approved in shall set forth the test bases, test data
accordance with paragraph (b)(1) (i), and results, and also the qualifications
(ii), (iii), or (iv) of this section. of the certifying person.
(i) It was installed before February 8, (v) For the purposes of this para-
1973, and was approved, tested, and in- graph (b)(1), the word listed means that
stalled in accordance with either the equipment is of a kind mentioned in a
provisions of the American National list which is published by a nationally
Standard for the Storage and Handling recognized laboratory which makes
of Anhydrous Ammonia, K61.1, or the periodic inspection of the production of
Fertilizer Institute Standards for the such equipment, and states such equip-
Storage and Handling of Agricultural ment meets nationally recognized
Anhydrous Ammonia, M–1, (both of standards or has been tested and found
which are incorporated by reference as safe for use in a specified manner. La-
specified in § 1910.6) in effect at the beled means there is attached to it a
time of installation; or label, symbol, or other identifying
(ii) It is accepted, or certified, or list- mark of a nationally recognized testing
ed, or labeled, or otherwise determined laboratory which, makes periodic in-
to be safe by a nationally recognized spections of the production of such
testing laboratory; or equipment, and whose labeling indi-
(iii) It is a type which no nationally cates compliance with nationally rec-
recognized testing laboratory does, or ognized standards or tests to determine
will undertake to, accept, certify, list, safe use in a specified manner. Certified
label, or determine to be safe; and such means it has been tested and found by
equipment is inspected or tested by a nationally recognized testing labora-
any Federal, State, municipal, or other tory to meet nationally recognized
local authority responsible for enforc- standards or to be safe for use in a
ing occupational safety provisions of a specified manner, or is of a kind whose
Federal, State, municipal or other production is periodically inspected by
local law, code, or regulation per- a nationally recognized testing labora-
taining to the storage, handling, trans- tory, and it bears a label, tag, or other
port, and use of anhydrous ammonia, record of certification.
and found to be in compliance with ei-
(vi) For the purposes of this para-
ther the provisions of the American
graph (b)(1), refer to § 1910.7 for defini-
National Standard for the Storage and
tion of nationally recognized testing
Handling of Anhydrous Ammonia,
laboratory.
K61.1, or the Fertilizer Institute Stand-
ards for the Storage and Handling of (2) Requirements for construction, origi-
Agricultural Anhydrous Ammonia, M– nal test and requalification of nonrefrig-
1, in effect at the time of installation; erated containers. (i) Containers used
or with systems covered in paragraphs (c),
(iv) It is a custom-designed and cus- (f), (g), and (h) of this section shall be
tom-built unit, which no nationally constructed and tested in accordance
recognized testing laboratory, or Fed- with the Code except that construction
eral, State, municipal or local author- under Table UW12 at a basic joint effi-
ity responsible for the enforcement of a ciency of under 80 percent is not au-
Federal, State, municipal, or local law, thorized.
code or regulation pertaining to the (ii) Containers built according to the
storage, transportation and use of an- Code do not have to comply with Para-
hydrous ammonia is willing to under- graphs UG125 to UG128 inclusive, and
take to accept, certify, list, label or de- Paragraphs UG132 and UG133 of the
termine to be safe, and the employer Code.
has on file a document attesting to its (iii) Containers exceeding 36 inches in
safe condition following the conduct of diameter or 250 gallons water capacity
appropriate tests. The document shall shall be constructed to comply with
be signed by a registered professional one or more of the following:
engineer or other person having special (a) Containers shall be stress relieved
training or experience sufficient to per- after fabrication in accordance with
mit him to form an opinion as to safety the Code, or
334
(b) Cold-form heads when used, shall (f) With the design pressure in pounds
be stress relieved, or per square inch.
(c) Hot-formed heads shall be used.
Under ground: Container and system name-
(iv) Welding to the shell, head, or any
plate.
other part of the container subject to
Above ground: Container.
internal pressure shall be done in com-
pliance with the Code. Other welding is (g) With the wall thickness of the
permitted only on saddle plates, lugs, shell and heads.
or brackets attached to the container
by the container manufacturer. Under ground: Container and system name-
plate.
(v) Containers used with systems cov-
Above ground: Container.
ered in paragraph (e) of this section
shall be constructed and tested in ac- (h) With marking indicating the
cordance with the DOT specifications. maximum level to which the container
(vi) The provisions of subdivision (i) may be filled with liquid anhydrous
of this subparagraph shall not be con- ammonia at temperatures between 20
strued as prohibiting the continued use °F. and 130 °F. except on containers
or reinstallation of containers con- provided with fixed level indicators,
structed and maintained in accordance such as fixed length dip tubes, or con-
with the 1949, 1950, 1952, 1956, 1959, and tainers that are filled with weight.
1962 editions of the Code or any revi- Markings shall be in increments of not
sions thereof in effect at the time of more than 20 °F.
fabrication.
(3) Marking nonrefrigerated containers. Above ground and under ground: System
(i) System nameplates, when required, nameplate or on liquid-level gaging device.
shall be permanently attached to the (i) With the total outside surface area
system so as to be readily accessible of the container in square feet.
for inspection and shall include mark-
ings as prescribed in subdivision (ii) of Under ground: System nameplate.
this subparagraph. Above ground: No requirement.
(ii) Each container or system covered (j) Marking specified on the con-
in paragraphs (c), (f), (g), and (h) of this
tainer shall be on the container itself
section shall be marked as specified in
or on a nameplate permanently at-
the following:
tached to it.
(a) With a notation ‘‘Anhydrous Am-
monia.’’ (4) Marking refrigerated containers.
(b) With a marking identifying com- Each refrigerated container shall be
pliance with the rules of the Code marked with nameplate on the outer
under which the container is con- covering in an accessible place as spec-
structed. ified in the following:
(i) With the notation, ‘‘Anhydrous
Under ground: Container and system name- Ammonia.’’
plate.
Above ground: Container. (ii) With the name and address of the
builder and the date of fabrication.
(c) With a notation whether the sys- (iii) With the water capacity of the
tem is designed for underground or container in gallons, U.S. Standard.
aboveground installation or both.
(iv) With the design pressure.
(d) With the name and address of the
supplier of the system or the trade (v) With the minimum temperature
name of the system and with the date in degrees Fahrenheit for which the
of fabrication. container was designed.
(vi) The maximum allowable water
Under ground and above ground: System level to which the container may be
nameplate.
filled for test purposes.
(e) With the water capacity of the (vii) With the density of the product
container in pounds at 60 °F. or gal- in pounds per cubic foot for which the
lons, U.S. Standard. container was designed.
Under ground: Container and system name- (viii) With the maximum level to
which the container may be filled with
plate.
Above ground: Container. liquid anhydrous ammonia.
335
(5) Location of containers. (i) Consider- standards in this section shall be lo-
ation shall be given to the physio- cated inside of the container or at a
logical effects of ammonia as well as to point outside as close as practicable to
adjacent fire hazards in selecting the where the line enters the container. In
location for a storage container. Con- the latter case installation shall be
tainers shall be located outside of made in such manner that any undue
buildings or in buildings or sections strain beyond the excess flow or back
thereof especially provided for this pressure check valve will not cause
purpose. breakage between the container and
(ii) Permanent storage containers the valve.
shall be located at least 50 feet from a (vii) Excess flow valves shall be de-
dug well or other sources of potable signed with a bypass, not to exceed a
water supply, unless the container is a No. 60 drill-size opening to allow
part of a water-treatment installation. equalization of pressures.
(iii)–(iv) [Reserved] (viii) All excess flow valves shall be
(v) Storage areas shall be kept free of plainly and permanently marked with
readily ignitible materials such as the name or trademark of the manufac-
waste, weeds, and long dry grass. turer, the catalog number, and the
(6) Container appurtenances. (i) All ap- rated capacity.
purtenances shall be designed for not (7) Piping, tubing, and fittings. (i) All
less than the maximum working pres-
piping, tubing, and fittings shall be
sure of that portion of the system on
made of material suitable for anhy-
which they are installed. All appur-
drous ammonia service.
tenances shall be fabricated from ma-
terials proved suitable for anhydrous (ii) All piping, tubing, and fittings
ammonia service. shall be designed for a pressure not less
(ii) All connections to containers ex- than the maximum pressure to which
cept safety relief devices, gaging de- they may be subjected in service.
vices, or those fitted with No. 54 drill- (iii) All refrigerated piping shall con-
size orifice shall have shutoff valves lo- form to the Refrigeration Piping Code,
cated as close to the container as prac- American National Standards Insti-
ticable. tute, B31.5–1966 with addenda B31.1a–
(iii) Excess flow valves where re- 1968, which is incorporated by reference
quired by these standards shall close as specified in § 1910.6, as it applies to
automatically at the rated flows of ammonia.
vapor or liquid as specified by the man- (iv) Piping used on non-refrigerated
ufacturer. The connections and line in- systems shall be at least American So-
cluding valves and fittings being pro- ciety for Testing and Materials
tected by an excess flow valve shall (ASTM) A–53–69 Grade B Electric Re-
have a greater capacity than the rated sistance Welded and Electric Flash
flow of the excess flow valve so that Welded Pipe, which is incorporated by
the valve will close in case of failure of reference as specified in § 1910.6, or
the line or fittings. equal. Such pipe shall be at least
(iv) Liquid-level gaging devices that schedule 40 when joints are welded, or
require bleeding of the product to the welded and flanged. Such pipe shall be
atmosphere and which are so con- at least schedule 80 when joints are
structed that outward flow will not ex- threaded. Threaded connections shall
ceed that passed by a No. 54 drill-size not be back-welded. Brass, copper, or
opening need not be equipped with ex- galvanized steel pipe shall not be used.
cess flow valves. (v) Tubing made of brass, copper, or
(v) Openings from the container or other material subject to attack by
through fittings attached directly on ammonia shall not be used.
the container to which pressure gage (vi) Cast iron fittings shall not be
connections are made need not be used but this shall not prohibit the use
equipped with excess flow valves if of fittings made specifically for ammo-
such openings are not larger than No. nia service of malleable, nodular, or
54 drill size. high strength gray iron meeting Amer-
(vi) Excess flow and back pressure ican Society for Testing and Materials
check valves where required by the (ASTM) A47–68, ASTM 395–68, or ASTM
336
A126–66 Class B or C all of which are in- TABLE H–36—Continued

corporated by reference as specified in [Minimum required rate of discharge in cubic feet per minute
§ 1910.6. of air at 120 percent of the maximum permitted start to dis-
charge pressure of safety relief valves]
(vii) Joint compounds shall be resist-
ant to ammonia. Surface area (sq. ft.) Flow rate
CFM air
(8) Hose specifications. (i) Hose used in
ammonia service shall conform to the 30 ......................................................................... 360
joint Agricultural Ammonia Insti- 35 ......................................................................... 408
tute—Rubber Manufacturers Associa- 40 ......................................................................... 455
45 ......................................................................... 501
tion Specifications for Anhydrous Am- 50 ......................................................................... 547
monia Hose. 55 ......................................................................... 591
(ii) Hose subject to container pres- 60 ......................................................................... 635
65 ......................................................................... 678
sure shall be designed for a minimum 70 ......................................................................... 720
working pressure of 350 p.s.i.g. and a 75 ......................................................................... 762
minimum burst pressure of 1,750 p.s.i.g. 80 ......................................................................... 804
Hose assemblies, when made up, shall 85 ......................................................................... 845
90 ......................................................................... 885
be capable of withstanding a test pres- 95 ......................................................................... 925
sure of 500 p.s.i.g. 100 ....................................................................... 965
(iii) Hose and hose connections lo- 105 ....................................................................... 1,010
110 ....................................................................... 1,050
cated on the low-pressure side of flow 115 ....................................................................... 1,090
control of pressure-reducing valves 120 ....................................................................... 1,120
shall be designed for a bursting pres- 125 ....................................................................... 1,160
sure of not less than 5 times the pres- 130 ....................................................................... 1,200
135 ....................................................................... 1,240
sure setting of the safety relief devices 140 ....................................................................... 1,280
protecting that portion of the system 145 ....................................................................... 1,310
but not less than 125 p.s.i.g. All connec- 150 ....................................................................... 1,350
155 ....................................................................... 1,390
tions shall be so designed and con- 160 ....................................................................... 1,420
structed that there will be no leakage 165 ....................................................................... 1,460
when connected. 170 ....................................................................... 1,500
(iv) Where hose is to be used for 175 ....................................................................... 1,530
180 ....................................................................... 1,570
transferring liquid from one container 185 ....................................................................... 1,600
to another, ‘‘wet’’ hose is rec- 190 ....................................................................... 1,640
ommended. Such hose shall be 195 ....................................................................... 1,670
equipped with approved shutoff valves 200 ....................................................................... 1,710
210 ....................................................................... 1,780
at the discharge end. Provision shall be 220 ....................................................................... 1,850
made to prevent excessive pressure in 230 ....................................................................... 1,920
the hose. 240 ....................................................................... 1,980
250 ....................................................................... 2,050
(v) On all hose one-half inch outside 260 ....................................................................... 2,120
diameter and larger, used for the trans- 270 ....................................................................... 2,180
fer of anhydrous ammonia liquid or 280 ....................................................................... 2,250
vapor, there shall be etched, cast, or 290 ....................................................................... 2,320
300 ....................................................................... 2,380
impressed at 5-foot intervals the fol- 310 ....................................................................... 2,450
lowing information. 320 ....................................................................... 2,510
330 ....................................................................... 2,570
‘‘Anhydrous Ammonia’’ xxx p.s.i.g. (max- 340 ....................................................................... 2,640
imum working pressure), manufacturer’s 350 ....................................................................... 2,700
name or trademark, year of manufacture. 360 ....................................................................... 2,760
370 ....................................................................... 2,830
In lieu of this requirement the same in- 380 ....................................................................... 2,890
390 ....................................................................... 2,950
formation may be contained on a 400 ....................................................................... 3,010
nameplate permanently attached to 450 ....................................................................... 3,320
the hose. 500 ....................................................................... 3,620
550 ....................................................................... 3,910
TABLE H–36 600 ....................................................................... 4,200
650 ....................................................................... 4,480
[Minimum required rate of discharge in cubic feet per minute 700 ....................................................................... 4,760
of air at 120 percent of the maximum permitted start to dis-
charge pressure of safety relief valves] 750 ....................................................................... 5,040
800 ....................................................................... 5,300
Flow rate 850 ....................................................................... 5,590
Surface area (sq. ft.) 900 ....................................................................... 5,850
CFM air
950 ....................................................................... 6,120
20 ......................................................................... 258 1,000 .................................................................... 6,380

25 ......................................................................... 310 1,050 .................................................................... 6,640
337
TABLE H–36—Continued graphs (c), (f), (g), and (h) of this sec-
[Minimum required rate of discharge in cubic feet per minute tion shall be provided with one or more
of air at 120 percent of the maximum permitted start to dis- safety relief valves of the spring-loaded
charge pressure of safety relief valves]
or equivalent type. The discharge from
Surface area (sq. ft.) Flow rate safety-relief valves shall be vented
CFM air
away from the container upward and
1,100 .................................................................... 6,900 unobstructed to the atmosphere. All
1,150 .................................................................... 7,160 relief-valve discharge openings shall
1,200 .................................................................... 7,410
1,250 .................................................................... 7,660 have suitable rain caps that will allow
1,300 .................................................................... 7,910 free discharge of the vapor and prevent
1,350 .................................................................... 8,160 entrance of water. Provision shall be
1,400 .................................................................... 8,410
1,450 .................................................................... 8,650 made for draining condensate which
1,500 .................................................................... 8,900 may accumulate. The rate of the dis-
1,550 .................................................................... 9,140 charge shall be in accordance with the
1,600 .................................................................... 9,380
1,650 .................................................................... 9,620
provisions of Table H–36.
1,700 .................................................................... 9,860 (ii) Container safety-relief valves
1,750 .................................................................... 10,090 shall be set to start-to-discharge as fol-
1,800 .................................................................... 10,330
1,850 .................................................................... 10,560 lows, with relation to the design pres-
1,900 .................................................................... 10,800 sure of the container:
1,950 .................................................................... 11,030
2,000 .................................................................... 11,260 Minimum Maximum
2,050 .................................................................... 11,490 Containers (percent) (percent)
2,100 .................................................................... 11,720
2,150 .................................................................... 11,950 ASME-U–68, U–69 ........................ 110 125
2,200 .................................................................... 12,180 ASME-U–200, U–201 .................... 95 100
2,250 .................................................................... 12,400 ASME 1959, 1956, 1952, or 1962 95 100
2,300 .................................................................... 12,630
API-ASME ..................................... 95 100
2,350 .................................................................... 12,850
2,400 .................................................................... 13,080 U.S. Coast Guard .......................... 95 100
2,450 .................................................................... 13,300
2,500 .................................................................... 13,520
As required by DOT Regulations.
(iii) Safety relief devices used in sys-
Surface Area=total outside surface area of tems covered by paragraphs (c), (f), (g),
container in square feet. When the surface and (h) of this section shall be con-
area is not stamped on the nameplate or
when the marking is not legible the area can
structed to discharge at not less than
be calculated by using one of the following the rates required in paragraph (b)(9)(i)
formulas: of this section before the pressure is in
(1) Cylindrical container with hemi- excess of 120 percent (not including the
spherical heads: 10 percent tolerance referred to in
Area=overall length in feet times outside di- paragraph (b)(9)(ii) of this section) of
ameter in feet times 3.1416. the maximum permitted start-to-dis-
(2) Cylindrical container with other than charge pressure setting of the device.
hemispherical heads: (iv) Safety-relief valves shall be so
Area=(overall length in feet plus 0.3 outside arranged that the possibility of tam-
diameter in feet) times outside diameter in pering will be minimized. If the pres-
feet times 3.1416. sure setting adjustment is external,
(3) Spherical container: the relief valves shall be provided with
Area=outside diameter in feet squared times means for sealing the adjustment.
3.1416. (v) Shutoff valves shall not be in-
Flow Rate—CFM Air=cubic feet per minute stalled between the safety-relief valves
of air required at standard conditions, 60 °F. and the container; except, that a shut-
and atmospheric pressure (14.7 p.s.i.a.). off valve may be used where the ar-
The rate of discharge may be interpolated
for intermediate values of surface area. For rangement of this valve is such as al-
containers with total outside surface area ways to afford full required capacity
greater than 2,500 square feet, the required flow through the relief valves.
flow rate can be calculated using the for- (vi) Safety-relief valves shall have di-
mula: Flow Rate CFM Air=22.11 A0 82, where rect communication with the vapor
A=outside surface area of the container in space of the container.
square feet.
(vii) Each container safety-relief
(9) Safety relief devices. (i) Every con- valve used with systems covered by
tainer used in systems covered by para- paragraphs (c), (f), (g), and (h) of this
338
section shall be plainly and perma- Type of container Percent by Percent by

nently marked with the symbol ‘‘NH3’’ weight volume
or ‘‘AA’’; with the pressure in pounds- Aboveground-Insulated ................. 57 83.5
per-square-inch gage at which the Underground-Uninsulated ............. 58 85
valve is set to start-to-discharge; with DOT—In accord with DOT regula-
tions..
the actual rate of discharge of the
valve at its full open position in cubic (ii) Aboveground uninsulated con-
feet per minute of air at 60 °F. and at- tainers may be charged 87.5 percent by
mospheric pressure; and with the man- volume provided the temperature of
ufacturer’s name and catalog number. the anhydrous ammonia being charged
Example: ‘‘NH3 250–4050 Air’’ indicates is determined to be not lower than 30
that the valve is suitable for use on an °F. or provided the charging of the con-
anhydrous ammonia container, is set tainer is stopped at the first indication
to start-to-discharge at a pressure of of frost or ice formation on its outside
250 p.s.i.g., and that its rate of dis- surface and is not resumed until such
charge at full open position (subdivi- frost or ice has disappeared.
sions (ii) and (iii) of this subparagraph) (12) Transfer of liquids. (i) Anhydrous
is 4,050 cubic feet per minute of air. ammonia shall always be at a tempera-
(viii) The flow capacity of the relief ture suitable for the material of con-
valve shall not be restricted by any struction and the design of the receiv-
connection to it on either the upstream ing container.
or downstream side. (ii) The employer shall require the
(ix) A hydrostatic relief valve shall continuous presence of an attendant in
be installed between each pair of valves the vicinity of the operation during
in the liquid ammonia piping or hose such time as ammonia is being trans-
where liquid may be trapped so as to ferred.
relieve into the atmosphere at a safe (iii) Containers shall be charged or
location.
used only upon authorization of the
(10) General.
owner.
(i) [Reserved]
(iv) Containers shall be gaged and
(ii) Stationary storage installations
charged only in the open atmosphere or
must have at least two suitable gas
in buildings or areas thereof provided
masks in readily-accessible locations.
for that purpose.
Full-face masks with ammonia can-
(v) Pumps used for transferring am-
isters that have been approved by
monia shall be those manufactured for
NIOSH under 42 CFR part 84 are suit-
that purpose.
able for emergency action involving
(a) Pumps shall be designed for at
most anhydrous ammonia leaks, par-
least 250 p.s.i.g. working pressure.
ticularly leaks that occur outdoors. (b) Positive displacement pumps
For respiratory protection in con- shall have, installed off the discharged
centrated ammonia atmospheres, a port, a constant differential relief
self-contained breathing apparatus is valve discharging into the suction port
required. of the pump through a line of sufficient
(iii) Stationary storage installations
size to carry the full capacity of the
shall have an easily accessible shower
pump at relief valve setting, which set-
or a 50-gallon drum of water.
ting and installation shall be according
(iv) Each vehicle transporting ammo-
to the pump manufacturer’s rec-
nia in bulk except farm applicator ve-
ommendations.
hicles shall carry a container of at
(c) On the discharge side of the pump,
least 5 gallons of water and shall be
before the relief valve line, there shall
equipped with a full face mask.
be installed a pressure gage graduated
(11) Charging of containers. (i) The fill-
from 0 to 400 p.s.i.
ing densities for containers that are
(d) Plant piping shall contain shutoff
not refrigerated shall not exceed the
valves located as close as practical to
following:
pump connections.
Percent by Percent by (vi) Compressors used for transfer-
Type of container weight volume ring or refrigerating ammonia shall be
recommended for ammonia service by
Aboveground-Uninsulated ............. 56 82
Aboveground-Uninsulated ............. .................. 87.5 the manufacturer.
339
(a) Compressors shall be designed for (14) Liquid-level gaging device. (i) Each
at least 250 p.s.i.g. working pressure. container except those filled by weight
(b) Plant piping shall contain shutoff shall be equipped with an approved liq-
valves located as close as practical to uid-level gaging device. A thermometer
compressor connections. well shall be provided in all containers
(c) A relief valve large enough to dis- not utilizing a fixed liquid-level gaging
charge the full capacity of the com- device.
pressor shall be connected to the dis- (ii) All gaging devices shall be ar-
charge before any shutoff valve. ranged so that the maximum liquid
(d) Compressors shall have pressure level to which the container is filled is
gages at suction and discharge grad- readily determined.
uated to at least one and one-half (iii) Gaging devices that require
times the maximum pressure that can bleeding of the product to the atmos-
be developed. phere such as the rotary tube, fixed
(e) Adequate means, such as drain- tube, and slip tube devices shall be de-
able liquid trap, shall be provided on signed so that the maximum opening of
the compressor suction to minimize the bleed valve is not larger than No.
the entry of liquid into the compressor. 54 drill size unless provided with an ex-
(vii) Loading and unloading systems cess flow valve. (This requirement does
shall be protected by suitable devices not apply to farm vehicles used for the
to prevent emptying of the storage application of ammonia as covered in
container or the container being loaded paragraph (h) of this section.)
or unloaded in the event of severance (iv) Gaging devices shall have a de-
of the hose. Backflow check valves or sign pressure equal to or greater than
properly sized excess flow valves shall the design pressure of the container on
be installed where necessary to provide which they are installed.
such protection. In the event that such (v) Fixed tube liquid-level gages shall
valves are not practical, remotely op- be designed and installed to indicate
erated shutoff valves may be installed. that level at which the container is
(13) Tank car unloading points and op- filled to 85 percent of its water capac-
erations. (i) Provisions for unloading ity in gallons.
tank cars shall conform to the applica- (vi) Gage glasses of the columnar
ble recommendations contained in the type shall be restricted to stationary
DOT regulations. storage installations. They shall be
(ii) The employer shall insure that equipped with shutoff valves having
unloading operations are performed by metallic handwheels, with excess-flow
reliable persons properly instructed valves, and with extra heavy glass ade-
and given the authority to monitor quately protected with a metal housing
careful compliance with all applicable applied by the gage manufacturer.
procedures. They shall be shielded against the di-
(iii) Caution signs shall be so placed rect rays of the sun.
on the track or car as to give necessary (15) [Reserved]
warning to persons approaching the car (16) Electrical equipment and wiring. (i)
from open end or ends of siding and Electrical equipment and wiring for
shall be left up until after the car is use in ammonia installations shall be
unloaded and disconnected from dis- general purpose or weather resistant as
charge connections. Signs shall be of appropriate.
metal or other suitable material, at (ii) Electrical systems shall be in-
least 12 by 15 inches in size and bear stalled and maintained in accordance
the words ‘‘STOP—Tank Car Con- with subpart S of this part.
nected’’ or ‘‘STOP—Men at Work’’ the (c) Systems utilizing stationary, non-
word, ‘‘STOP,’’ being in letters at least refrigerated storage containers. This
4 inches high and the other words in paragraph applies to stationary, non-
letters at least 2 inches high. refrigerated storage installations uti-
(iv) The track of a tank car siding lizing containers other than those cov-
shall be substantially level. ered in paragraph (e) of this section.
(v) Brakes shall be set and wheels Paragraph (b) of this section applies to
blocked on all cars being unloaded. this paragraph unless otherwise noted.
340
(1) Design pressure and construction of areas of safety-relief valves and vent
containers. The minimum design pres- lines which discharge their content
sure for nonrefrigerated containers into the manhole housing.
shall be 250 p.s.i.g. (iv) Vent pipes, when used, shall not
(2) Container valves and accessories, be restricted or of smaller diameter
filling and discharge connections. (i) than the relief-valve outlet connection.
Each filling connection shall be pro- (v) If desired, vent pipes from two or
vided with combination back-pressure more safety-relief devices located on
check valve and excess-flow valve; one the same unit, or similar lines from
double or two single back-pressure two or more different units may be run
check valves; or a positive shutoff into a common discharge header, pro-
valve in conjunction with either an in- vided the capacity of such header is at
ternal back-pressure check valve or an least equal to the sum of the capacities
internal excess flow valve. of the individual discharge lines.
(ii) All liquid and vapor connections (4) Reinstallation of containers. (i) Con-
to containers except filling pipes, safe- tainers once installed under ground
ty relief connections, and liquid-level shall not later be reinstalled above
gaging and pressure gage connections ground or under ground, unless they
provided with orifices not larger than successfully withstand hydrostatic
No. 54 drill size as required in para- pressure retests at the pressure speci-
graphs (b)(6) (iv) and (v) of this section fied for the original hydrostatic test as
shall be equipped with excess-flow required by the code under which con-
valves. structed and show no evidence of seri-
(iii) Each storage container shall be ous corrosion.
provided with a pressure gage grad- (ii) Where containers are reinstalled
uated from 0 to 400 p.s.i. Gages shall be above ground, safety devices or gaging
designated for use in ammonia service. devices shall comply with paragraph
(iv) All containers shall be equipped (b)(9) of this section and this paragraph
with vapor return valves. respectively for aboveground con-
(3) Safety-relief devices. (i) Every containers.
tainer shall be provided with one or (5) Installation of storage containers. (i)
more safety-relief valves of the spring- Containers installed above ground, ex-
loaded or equivalent type in accord- cept as provided in paragraph (c)(5)(v)
ance with paragraph (b)(9) of this sec- of this section shall be provided with
tion. substantial concrete or masonry sup-
(ii) The rate of discharge of spring- ports, or structural steel supports on
loaded safety relief valves installed on firm concrete or masonry foundations.
underground containers may be re- All foundations shall extend below the
duced to a minimum of 30 percent of frost line.
the rate of discharge specified in Table (ii) Horizontal aboveground con-
H–36. Containers so protected shall not tainers shall be so mounted on founda-
be uncovered after installation until tions as to permit expansion and con-
the liquid ammonia has been removed. traction. Every container shall be sup-
Containers which may contain liquid ported to prevent the concentration of
ammonia before being installed under- excessive loads on the supporting por-
ground and before being completely tion of the shell. That portion of the
covered with earth are to be considered container in contact with foundations
aboveground containers when deter- or saddles shall be protected against
mining the rate of discharge require- corrosion.
ments of the safety-relief valves. (iii) Containers installed under
(iii) On underground installations ground shall be so placed that the top
where there is a probability of the of the container is below the frost line
manhole or housing becoming flooded, and in no case less than 2 feet below
the discharge from vent lines shall be the surface of the ground. Should
located above the high water level. All ground conditions make compliance
manholes or housings shall be provided with these requirements impracticable,
with ventilated louvers or their equiva- installation shall be made otherwise to
lent, the area of such openings equal- prevent physical damage. It will not be
ling or exceeding combined discharge necessary to cover the portion of the
341
container to which manhole and other API Standard 620, Recommended Rules
connections are affixed. When nec- for Design and Construction of Large,
essary to prevent floating, containers Welded, Low-Pressure Storage Tanks,
shall be securely anchored or weighted. Fourth Edition, 1970, Tables 2.02, R2.2,
(iv) Underground containers shall be R2.2(A), R2.2.1, or R2.3 which are incor-
set on a firm foundation (firm earth porated by reference as specified in
may be used) and surrounded with § 1910.6.
earth or sand well tamped in place. The (iii) Containers with a design pres-
container, prior to being placed under sure of 15 p.s.i.g. and less shall be con-
ground, shall be given a corrosion re- structed in accordance with the appli-
sisting protective coating. The con- cable requirements of API Standard 620
tainer thus coated shall be so lowered including its appendix R.
into place as to prevent abrasion or (iv) When austenitic steels or non-
other damage to the coating. ferrous materials are used, the Code
(v) Containers with foundations at- shall be used as a guide in the selection
tached (portable or semiportable tank of materials for use at the design tem-
containers with suitable steel ‘‘run- perature.
ners’’ or ‘‘skids’’ and commonly known (v) The filling density for refrig-
in the industry as ‘‘skid tanks’’) shall erated storage containers shall be such
be designed and constructed in accord- that the container will not be liquid
ance with paragraph (c)(1) of this sec-
full at a liquid temperature cor-
tion.
responding to the vapor pressure at the
(vi) Secure anchorage or adequate
start-to-discharge pressure setting of
pier height shall be provided against
the safety-relief valve.
container flotation wherever suffi-
(2) Installation of refrigerated storage
ciently high flood water might occur.
containers. (i) Containers shall be sup-
(vii) The distance between under-
ported on suitable noncombustible
ground containers of over 2,000 gallons
foundations designed to accommodate
capacity shall be at least 5 feet.
the type of container being used.
(6) Protection of appurtenances. (i)
Valves, regulating, gaging, and other (ii) Adequate protection against flo-
appurtenances shall be protected tation or other water damage shall be
against tampering and physical dam- provided wherever high flood water
age. Such appurtenances shall also be might occur.
protected during transit of containers. (iii) Containers for product storage at
(ii) All connections to underground less than 32 °F. shall be supported in
containers shall be located within a such a way, or heat shall be supplied,
dome, housing, or manhole and with to prevent the effects of freezing and
access thereto by means of a substan- consequent frost heaving.
tial cover. (3) Shutoff valves. When operating
(7) Damage from vehicles. Precaution conditions make it advisable, a check
shall be taken against damage to am- valve shall be installed on the fill con-
monia systems from vehicles. nection and a remotely operated shut-
(d) Refrigerated storage systems. This off valve on other connections located
paragraph applies to systems utilizing below the maximum liquid level.
containers with the storage of anhy- (4) Safety relief devices. (i) Safety re-
drous ammonia under refrigerated con- lief valves shall be set to start-to-dis-
ditions. All applicable rules of para- charge at a pressure not in excess of
graph (b) of this section apply to this the design pressure of the container
paragraph unless otherwise noted. and shall have a total relieving capac-
(1) Design of containers. (i) The design ity sufficient to prevent a maximum
temperature shall be the minimum pressure in the container of more than
temperature to which the container 120 percent of the design pressure. Re-
will be refrigerated. lief valves for refrigerated storage con-
(ii) Containers with a design pressure tainers shall be self-contained spring-
exceeding 15 p.s.i.g. shall be con- loaded, weight-loaded, or self-con-
structed in accordance with paragraph tained pilot-operated type.
(b)(2) of this section, and the materials (ii) The total relieving capacity shall
shall be selected from those listed in be the larger of:
342
(a) Possible refrigeration system (7) Damage from vehicles. Precaution

upset such as (1) cooling water failure, shall be taken against damage from ve-
(2) power failure, (3) instrument air or hicles.
instrument failure, (4) mechanical fail- (8) Refrigeration load and equipment.
ure of any equipment, (5) excessive (i) The total refrigeration load shall be
pumping rates. computed as the sum of the following:
(b) Fire exposure determined in ac- (a) Load imposed by heat flow into
cordance with Compressed Gas Associa- the container caused by the tempera-
tion (CGA) S–1, Part 3, Safety Relief ture differential between design ambi-
Device Standards for Compressed Gas ent temperature and storage tempera-
Storage Containers, 1959, which is in- ture.
corporated by reference as specified in (b) Load imposed by heat flow into
§ 1910.6, except that ‘‘A’’ shall be the the container caused by maximum sun
total exposed surface area in square radiation.
feet up to 25 foot above grade or to the (c) Maximum load imposed by filling
equator of the storage container if it is the container with ammonia warmer
a sphere, whichever is greater. If the than the design storage temperature.
relieving capacity required for fire ex-
(ii) More than one storage container
posure is greater than that required by
may be handled by the same refrigera-
(a) of this subdivision, the additional
tion system.
capacity may be provided by weak roof
(9) Compressors. (i) A minimum of two
to shell seams in containers operating
compressors shall be provided either of
at essentially atmospheric pressure
which shall be of sufficient size to han-
and having an inherently weak roof-to-
dle the loads listed in paragraphs
shell seam. The weak roof-to-shell
(d)(8)(i) (a) and (b) of this section.
seam is not to be considered as pro-
Where more than two compressors are
viding any of the capacity required in
provided minimum standby equipment
(a) of this subdivision.
equal to the largest normally operating
(iii) If vent lines are installed to con-
equipment shall be installed. Filling
duct the vapors from the relief valve,
compressors may be used as standby
the back pressure under full relieving
equipment for holding compressors.
conditions shall not exceed 50 percent
of the start-to-discharge pressure for (ii) Compressors shall be sized to op-
pressure balanced valves or 10 percent erate with a suction pressure at least
of the start-to-discharge pressure for 10 percent below the minimum setting
conventional valves. The vent lines of the safety valve(s) on the storage
shall be installed to prevent accumula- container and shall withstand a suc-
tion of liquid in the lines. tion pressure at least equal to 120 per-
(iv) The valve or valve installation cent of the design pressure of the con-
shall provide weather protection. tainer.
(v) Atmospheric storage shall be pro- (10) Compressor drives. (i) Each com-
vided with vacuum breakers. Ammonia pressor shall have its individual driv-
gas, nitrogen, methane, or other inert ing unit.
gases can be used to provide a pad. (ii) An emergency source of power of
(5) Protection of container appur- sufficient capacity to handle the loads
tenances. Appurtenances shall be pro- listed in paragraphs (d)(8)(i) (a) and (b)
tected against tampering and physical of this section shall be provided unless
damage. facilities are available to safely dispose
(6) Reinstallation of refrigerated storage of vented vapors while the refrigera-
containers. Containers of such size as to tion system is not operating.
require field fabrication shall, when (11) Automatic control equipment. (i)
moved and reinstalled, be recon- The refrigeration system shall be ar-
structed and reinspected in complete ranged with suitable controls to govern
accordance with the requirements the compressor operation in accord-
under which they were constructed. ance with the load as evidenced by the
The containers shall be subjected to a pressure in the container(s).
pressure retest and if rerating is nec- (ii) An emergency alarm system shall
essary, rerating shall be in accordance be installed to function in the event
with applicable requirements. the pressure in the container(s) rises to
343
the maximum allowable operating (3) Heat protection. Cylinders filled in

pressure. accordance with DOT regulations will
(iii) An emergency alarm and shutoff become liquid full at 145 °F. Cylinders
shall be located in the condenser sys- shall be protected from heat sources
tem to respond to excess discharge such as radiant flame and steampipes.
pressure caused by failure of the cool- Heat shall not be applied directly to
ing medium. cylinders to raise the pressure.
(iv) All automatic controls shall be (4) Protection. Cylinders shall be
installed in a manner to preclude oper- stored in such manner as to protect
ation of alternate compressors unless them from moving vehicles or external
the controls will function with the al- damage.
ternate compressors. (5) Valve cap. Any cylinder which is
(12) Separators for compressors. (i) An designed to have a valve protection cap
shall have the cap securely in place
entrainment separator of suitable size
when the cylinder is not in service.
and design pressure shall be installed
(f) Tank motor vehicles for the transpor-
in the compressor suction line of lubri-
tation of ammonia. (1) This paragraph
cated compression. The separator shall
applies to containers and pertinent
be equipped with a drain and gaging de-
equipment mounted on tank motor ve-
vice.
hicles including semitrailers and full
(ii) [Reserved] trailers used for the transportation of
(13) Condensers. The condenser sys- ammonia. This paragraph does not
tem may be cooled by air or water or apply to farm vehicles. For require-
both. The condenser shall be designed ments covering farm vehicles, refer to
for at least 250 p.s.i.g. Provision shall paragraphs (g) and (h) of this section.
be made for purging noncondensibles
Paragraph (b) of this section applies to
either manually or automatically.
this paragraph unless otherwise noted.
(14) Receiver and liquid drain. A re- Containers and pertinent equipment
ceiver shall be provided with a liquid- for tank motor vehicles for the trans-
level control to discharge the liquid portation of anhydrous ammonia, in
ammonia to storage. The receiver shall addition to complying with the re-
be designed for at least 250 p.s.i.g. and quirements of this section, shall also
be equipped with the necessary connec- comply with the requirements of DOT.
tions, safety valves, and gaging device. (2) Design pressure and construction of
(15) Insulation. Refrigerated con- containers. (i) The minimum design
tainers and pipelines which are insu- pressure for containers shall be that
lated shall be covered with a material specified in the regulations of the DOT.
of suitable quality and thickness for (ii) The shell or head thickness of
the temperatures encountered. Insula- any container shall not be less than
tion shall be suitably supported and three-sixteenth inch.
protected against the weather. Weath- (iii) All container openings, except
erproofing shall be of a type which will safety relief valves, liquid-level gaging
not support flame propagation. devices, and pressure gages, shall be la-
(e) Systems utilizing portable DOT con- beled to designate whether they com-
tainers—(1) Conformance. Cylinders municate with liquid or vapor space.
shall comply with DOT specifications (3) Container appurtenances. (i) All ap-
and shall be maintained, filled, pack- purtenances shall be protected against
aged, marked, labeled, and shipped to physical damage.
comply with 49 CFR chapter I and (ii) All connections to containers, ex-
Marking Portable Compressed Gas Con- cept filling connections, safety relief
tainers to Identify the Material Con- devices, and liquid-level and pressure
tained, ANSI Z48.1–1954 (R1970), which gage connections, shall be provided
is incorporated by reference as speci- with suitable automatic excess flow
fied in § 1910.6. valves, or in lieu thereof, may be fitted
(2) Storage. Cylinders shall be stored with quick-closing internal valves,
in an area free from ignitable debris which shall remain closed except dur-
and in such manner as to prevent ex- ing delivery operations. The control
ternal corrosion. Storage may be in- mechanism for such valves may be pro-
doors or outdoors. vided with a secondary control remote
344
from the delivery connections and such the filling density specified by the
control mechanism shall be provided DOT.
with a fusible section (melting point (ii) Any pump, except a constant
208 °F. to 220 °F.) which will permit the speed centrifugal pump, shall be
internal valve to close automatically equipped with a suitable pressure actu-
in case of fire. ated bypass valve permitting flow from
(iii) Filling connections shall be pro- discharge to suction when the dis-
vided with automatic back-pressure charge pressure rises above a predeter-
check valves, excess-flow valves, or mined point. Pump discharge shall also
quick-closing internal valves, to pre- be equipped with a spring-loaded safety
vent back-flow in case the filling con- relief valve set at a pressure not more
nection is broken. Where the filling than 135 percent of the setting of the
and discharge connect to a common bypass valve or more than 400 p.s.i.g.,
opening in the container shell and that whichever is larger.
opening is fitted with a quick-closing (iii) Compressors shall be equipped
internal valve as specified in paragraph with manually operated shutoff valves
(f)(3)(ii) of this section, the automatic on both suction and discharge connec-
valve shall not be required. tions. Pressure gages of bourdon-tube
(iv) All containers shall be equipped type shall be installed on the suction
for spray loading (filling in the vapor and discharge of the compressor before
space) or with an approved vapor re- the shutoff valves. The compressor
turn valve of adequate capacity. shall not be operated if either pressure
(4) Piping and fittings. (i) All piping, gage is removed or is inoperative. A
tubing, and fittings shall be securely spring-loaded, safety-relief valve capa-
mounted and protected against dam- ble of discharging to atmosphere the
age. Means shall be provided to protect full flow of gas from the compressor at
hoses while the vehicle is in motion. a pressure not exceeding 300 p.s.i.g.
(ii) Fittings shall comply with para-
shall be connected between the com-
graph (b)(6) of this section. Pipe shall
pressor discharge and the discharge
be Schedule 80.
shutoff valve.
(5) Safety relief devices. (i) The dis-
(iv) Valve functions shall be clearly
charge from safety relief valves shall
be vented away from the container up- and legibly identified by metal tags or
ward and unobstructed to the open air nameplates permanently affixed to
in such a manner as to prevent any im- each valve.
pingement of escaping gas upon the (7)–(8) [Reserved]
container; loose-fitting rain caps shall (9) Chock blocks. At least two chock
be used. Size of discharge lines from blocks shall be provided. These blocks
safety valves shall not be smaller than shall be placed to prevent rolling of the
the nominal size of the safety-relief vehicle whenever it is parked during
valve outlet connection. Suitable pro- loading and unloading operations.
vision shall be made for draining con- (10) Portable tank containers (skid
densate which may accumulate in the tanks). Where portable tank containers
discharge pipe. are used for farm storage they shall
(ii) Any portion of liquid ammonia comply with paragraph (c)(1) of this
piping which at any time may be closed section. When portable tank containers
at both ends shall be provided with a are used in lieu of cargo tanks and are
hydrostatic relief valve. permanently mounted on tank motor
(6) Transfer of liquids. (i) The content vehicles for the transportation of am-
of tank motor vehicle containers shall monia, they shall comply with the re-
be determined by weight, by a suitable quirements of this paragraph.
liquid-level gaging device, or other ap- (g) Systems mounted on farm vehicles
proved methods. If the content of a other than for the application of ammo-
container is to be determined by liq- nia—(1) Application. This paragraph ap-
uid-level measurement, the container plies to containers of 1,200 gallons ca-
shall have a thermometer well so that pacity or less and pertinent equipment
the internal liquid temperature can be mounted on farm vehicles (implements
easily determined. This volume when of husbandry) and used other than for
converted to weight shall not exceed the application of ammonia to the soil.
345
Paragraph (b) of this section applies to cylinder with open top securely fas-
this paragraph unless otherwise noted. tened to the container or by rigid
(2) Design pressure and classification of guards, well braced, welded to the con-
containers. (i) The minimum design tainer on both sides of the fittings or
pressure for containers shall be 250 by a metal dome. If a metal dome is
p.s.i.g. used, the relief valve shall be properly
(ii) The shell or head thickness of vented through the dome.
any container shall be not less than (vii) If a liquid withdrawal line is in-
three-sixteenths of an inch. stalled in the bottom of a container,
(3) Mounting containers. (i) A suitable the connections thereto, including
‘‘stop’’ or ‘‘stops’’ shall be mounted on hose, shall not be lower than the low-
the vehicle or on the container in such est horizontal edge of the vehicle axle.
a way that the container shall not be (viii) Provision shall be made to se-
dislodged from its mounting due to the
cure both ends of the hose while in
vehicle coming to a sudden stop. Back
transit.
slippage shall also be prevented by
proper methods. (5) Marking the container. There shall
(ii) A suitable ‘‘hold down’’ device appear on each side and on the rear end
shall be provided which will anchor the of the container in letters at least 4
container to the vehicle at one or more inches high, the words, ‘‘Caution—Am-
places on each side of the container. monia’’ or the container shall be
(iii) When containers are mounted on marked in accordance with DOT regu-
four-wheel trailers, care shall be taken lations.
to insure that the weight is distributed (6) Farm vehicles. (i) Farm vehicles
evenly over both axles. shall conform with State regulations.
(iv) When the cradle and the tank are (ii) All trailers shall be securely at-
not welded together suitable material tached to the vehicle drawing them by
shall be used between them to elimi- means of drawbars supplemented by
nate metal-to-metal friction. suitable safety chains.
(4) Container appurtenances. (i) All (iii) A trailer shall be constructed so
containers shall be equipped with a that it will follow substantially in the
fixed liquid-level gage. path of the towing vehicle and will not
(ii) All containers with a capacity ex- whip or swerve dangerously from side
ceeding 250 gallons shall be equipped to side.
with a pressure gage having a dial (iv) All vehicles shall carry a can
graduated from 0–400 p.s.i. containing 5 gallons or more of water.
(iii) The filling connection shall be (h) Systems mounted on farm vehicles
fitted with combination back-pressure for the application of ammonia. (1) This
check valve and excess-flow valve; one paragraph applies to systems utilizing
double or two single back-pressure containers of 250 gallons capacity or
check valves; or a positive shutoff less which are mounted on farm vehi-
valve in conjunction with either an in-
cles (implement of husbandry) and used
ternal back-pressure check valve or an
for the application of ammonia to the
internal excess flow valve.
soil. Paragraph (b) of this section ap-
(iv) All containers with a capacity
plies to this paragraph unless other-
exceeding 250 gallons shall be equipped
wise noted. Where larger containers are
for spray loading or with an approved
vapor return valve. used, they shall comply with paragraph
(v) All vapor and liquid connections (g) of this section.
except safety-relief valves and those (2) Design pressure and classification of
specifically exempted by paragraph containers. (i) The minimum design
(b)(6)(v) of this section shall be pressure for containers shall be 250
equipped with approved excess-flow p.s.i.g.
valves or may be fitted with quick- (ii) The shell or head thickness of
closing internal valves which, except any container shall not be less than
during operating periods, shall remain three-sixteenths inch.
closed. (3) Mounting of containers. All con-
(vi) Fittings shall be adequately pro- tainers and flow-control devices shall
tected from damage by a metal box or be securely mounted.
346
(4) Container valves and accessories. (i) (A) Hydrocarbon fuels used solely for
Each container shall have a fixed liq- workplace consumption as a fuel (e.g.,
uid-level gage. propane used for comfort heating, gaso-
(ii) The filling connection shall be line for vehicle refueling), if such fuels
fitted with a combination back-pres- are not a part of a process containing
sure check valve and an excess-flow another highly hazardous chemical
valve; one double or two single back- covered by this standard;
pressure check valves: or a positive (B) Flammable liquids stored in at-
shutoff valve in conjunction with an mospheric tanks or transferred which
internal back-pressure check valve or are kept below their normal boiling
an internal excess-flow valve. point without benefit of chilling or re-
(iii) The applicator tank may be frigeration.
filled by venting to open air provided (2) This section does not apply to:
the bleeder valve orifice does not ex- (i) Retail facilities;
ceed seven-sixteenths inch in diameter. (ii) Oil or gas well drilling or serv-
(iv) Regulation equipment may be icing operations; or,
connected directly to the tank cou- (iii) Normally unoccupied remote fa-
pling or flange, in which case a flexible cilities.
connection shall be used between such (b) Definitions. Atmospheric tank
regulating equipment and the remain- means a storage tank which has been
designed to operate at pressures from
der of the liquid withdrawal system.
atmospheric through 0.5 p.s.i.g. (pounds
Regulating equipment not so installed
per square inch gauge, 3.45 Kpa).
shall be flexibly connected to the con-
Boiling point means the boiling point
tainer shutoff valve.
of a liquid at a pressure of 14.7 pounds
(v) No excess flow valve is required in per square inch absolute (p.s.i.a.) (760
the liquid withdrawal line provided the mm.). For the purposes of this section,
controlling orifice between the con- where an accurate boiling point is un-
tents of the container and the outlet of available for the material in question,
the shutoff valve does not exceed or for mixtures which do not have a
seven-sixteenths inch in diameter. constant boiling point, the 10 percent
[39 FR 23502, June 27, 1974, as amended at 43 point of a distillation performed in ac-
FR 49748, Oct. 24, 1978; 49 FR 5322, Feb. 10, cordance with the Standard Method of
1984; 53 FR 12122, Apr. 12, 1988; 61 FR 9238, Test for Distillation of Petroleum
Mar. 7, 1996; 63 FR 1269, Jan. 8, 1998; 63 FR Products, ASTM D–86–62, which is in-
33466, June 18, 1998] corporated by reference as specified in
§ 1910.6, may be used as the boiling
§§ 1910.112–1910.113 [Reserved] point of the liquid.
§ 1910.119 Process safety management Catastrophic release means a major
of highly hazardous chemicals. uncontrolled emission, fire, or explo-
sion, involving one or more highly haz-
Purpose. This section contains re- ardous chemicals, that presents serious
quirements for preventing or mini- danger to employees in the workplace.
mizing the consequences of cata- Facility means the buildings, con-
strophic releases of toxic, reactive, tainers or equipment which contain a
flammable, or explosive chemicals. process.
These releases may result in toxic, fire Highly hazardous chemical means a
or explosion hazards. substance possessing toxic, reactive,
(a) Application. (1) This section ap- flammable, or explosive properties and
plies to the following: specified by paragraph (a)(1) of this
(i) A process which involves a chem- section.
ical at or above the specified threshold Hot work means work involving elec-
quantities listed in appendix A to this tric or gas welding, cutting, brazing, or
section; similar flame or spark-producing oper-
(ii) A process which involves a flam- ations.
mable liquid or gas (as defined in Normally unoccupied remote facility
1910.1200(c) of this part) on site in one means a facility which is operated,
location, in a quantity of 10,000 pounds maintained or serviced by employees
(4535.9 kg) or more except for: who visit the facility only periodically
347
to check its operation and to perform and the employees involved in oper-
necessary operating or maintenance ating the process to identify and under-
tasks. No employees are permanently stand the hazards posed by those proc-
stationed at the facility. esses involving highly hazardous
Facilities meeting this definition are chemicals. This process safety informa-
not contiguous with, and must be geo- tion shall include information per-
graphically remote from all other taining to the hazards of the highly
buildings, processes or persons. hazardous chemicals used or produced
Process means any activity involving by the process, information pertaining
a highly hazardous chemical including to the technology of the process, and
any use, storage, manufacturing, han- information pertaining to the equip-
dling, or the on-site movement of such ment in the process.
chemicals, or combination of these ac- (1) Information pertaining to the haz-
tivities. For purposes of this definition, ards of the highly hazardous chemicals in
any group of vessels which are inter- the process. This information shall con-
connected and separate vessels which sist of at least the following:
are located such that a highly haz- (i) Toxicity information;
ardous chemical could be involved in a (ii) Permissible exposure limits;
potential release shall be considered a (iii) Physical data;
single process. (iv) Reactivity data:
Replacement in kind means a replace- (v) Corrosivity data;
ment which satisfies the design speci- (vi) Thermal and chemical stability
fication. data; and
Trade secret means any confidential (vii) Hazardous effects of inadvertent
formula, pattern, process, device, infor- mixing of different materials that
mation or compilation of information could foreseeably occur.
that is used in an employer’s business, NOTE: Material Safety Data Sheets meet-
ing the requirements of 29 CFR 1910.1200(g)
and that gives the employer an oppor-
may be used to comply with this require-
tunity to obtain an advantage over ment to the extent they contain the infor-
competitors who do not know or use it. mation required by this subparagraph.
Appendix D contained in § 1910.1200 sets (2) Information pertaining to the tech-
out the criteria to be used in evalu- nology of the process. (i) Information
ating trade secrets. concerning the technology of the proc-
(c) Employee participation. (1) Employ- ess shall include at least the following:
ers shall develop a written plan of ac- (A) A block flow diagram or sim-
tion regarding the implementation of plified process flow diagram (see appen-
the employee participation required by dix B to this section);
this paragraph. (B) Process chemistry;
(2) Employers shall consult with em- (C) Maximum intended inventory;
ployees and their representatives on (D) Safe upper and lower limits for
the conduct and development of proc- such items as temperatures, pressures,
ess hazards analyses and on the devel- flows or compositions; and,
opment of the other elements of proc- (E) An evaluation of the con-
ess safety management in this stand- sequences of deviations, including
ard. those affecting the safety and health of
(3) Employers shall provide to em- employees.
ployees and their representatives ac- (ii) Where the original technical in-
cess to process hazard analyses and to formation no longer exists, such infor-
all other information required to be de- mation may be developed in conjunc-
veloped under this standard. tion with the process hazard analysis
(d) Process safety information. In ac- in sufficient detail to support the anal-
cordance with the schedule set forth in ysis.
paragraph (e)(1) of this section, the em- (3) Information pertaining to the equip-
ployer shall complete a compilation of ment in the process. (i) Information per-
written process safety information be- taining to the equipment in the process
fore conducting any process hazard shall include:
analysis required by the standard. The (A) Materials of construction;
compilation of written process safety (B) Piping and instrument diagrams
information is to enable the employer (P&ID’s);
348
(C) Electrical classification; cordance with paragraph (e)(6) of this

(D) Relief system design and design section.
basis; (2) The employer shall use one or
(E) Ventilation system design; more of the following methodologies
(F) Design codes and standards em- that are appropriate to determine and
ployed; evaluate the hazards of the process
(G) Material and energy balances for being analyzed.
processes built after May 26, 1992; and, (i) What-If;
(H) Safety systems (e.g. interlocks, (ii) Checklist;
detection or suppression systems). (iii) What-If/Checklist;
(ii) The employer shall document (iv) Hazard and Operability Study
that equipment complies with recog- (HAZOP):
nized and generally accepted good engi- (v) Failure Mode and Effects Analysis
neering practices. (FMEA);
(iii) For existing equipment designed (vi) Fault Tree Analysis; or
and constructed in accordance with (vii) An appropriate equivalent meth-
codes, standards, or practices that are odology.
no longer in general use, the employer
(3) The process hazard analysis shall
shall determine and document that the
address:
equipment is designed, maintained, in-
(i) The hazards of the process;
spected, tested, and operating in a safe
manner. (ii) The identification of any previous
(e) Process hazard analysis. (1) The incident which had a likely potential
employer shall perform an initial proc- for catastrophic consequences in the
ess hazard analysis (hazard evaluation) workplace;
on processes covered by this standard. (iii) Engineering and administrative
The process hazard analysis shall be controls applicable to the hazards and
appropriate to the complexity of the their interrelationships such as appro-
process and shall identify, evaluate, priate application of detection meth-
and control the hazards involved in the odologies to provide early warning of
process. Employers shall determine and releases. (Acceptable detection meth-
document the priority order for con- ods might include process monitoring
ducting process hazard analyses based and control instrumentation with
on a rationale which includes such con- alarms, and detection hardware such as
siderations as extent of the process hydrocarbon sensors.);
hazards, number of potentially affected (iv) Consequences of failure of engi-
employees, age of the process, and op- neering and administrative controls;
erating history of the process. The (v) Facility siting;
process hazard analysis shall be con- (vi) Human factors; and
ducted as soon as possible, but not (vii) A qualitative evaluation of a
later than the following schedule: range of the possible safety and health
(i) No less than 25 percent of the ini- effects of failure of controls on employ-
tial process hazards analyses shall be ees in the workplace.
completed by May 26, 1994; (4) The process hazard analysis shall
(ii) No less than 50 percent of the ini- be performed by a team with expertise
tial process hazards analyses shall be in engineering and process operations,
completed by May 26, 1995; and the team shall include at least one
(iii) No less than 75 percent of the employee who has experience and
initial process hazards analyses shall knowledge specific to the process being
be completed by May 26, 1996; evaluated. Also, one member of the
(iv) All initial process hazards anal- team must be knowledgeable in the
yses shall be completed by May 26, 1997. specific process hazard analysis meth-
(v) Process hazards analyses com- odology being used.
pleted after May 26, 1987 which meet (5) The employer shall establish a
the requirements of this paragraph are system to promptly address the team’s
acceptable as initial process hazards findings and recommendations; assure
analyses. These process hazard anal- that the recommendations are resolved
yses shall be updated and revalidated, in a timely manner and that the reso-
based on their completion date, in ac- lution is documented; document what
349
actions are to be taken; complete ac- trols, administrative controls, and per-
tions as soon as possible; develop a sonal protective equipment;
written schedule of when these actions (C) Control measures to be taken if
are to be completed; communicate the physical contact or airborne exposure
actions to operating, maintenance and occurs;
other employees whose work assign- (D) Quality control for raw materials
ments are in the process and who may and control of hazardous chemical in-
be affected by the recommendations or ventory levels; and,
actions. (E) Any special or unique hazards.
(6) At least every five (5) years after (iv) Safety systems and their functions.
the completion of the initial process (2) Operating procedures shall be
hazard analysis, the process hazard readily accessible to employees who
analysis shall be updated and revali-
work in or maintain a process.
dated by a team meeting the require-
(3) The operating procedures shall be
ments in paragraph (e)(4) of this sec-
reviewed as often as necessary to as-
tion, to assure that the process hazard
analysis is consistent with the current sure that they reflect current oper-
process. ating practice, including changes that
result from changes in process chemi-
(7) Employers shall retain process
cals, technology, and equipment, and
hazards analyses and updates or re-
changes to facilities. The employer
validations for each process covered by
shall certify annually that these oper-
this section, as well as the documented
ating procedures are current and accu-
resolution of recommendations de-
rate.
scribed in paragraph (e)(5) of this sec-
tion for the life of the process. (4) The employer shall develop and
implement safe work practices to pro-
(f) Operating procedures (1) The em-
vide for the control of hazards during
ployer shall develop and implement
operations such as lockout/tagout; con-
written operating procedures that pro-
fined space entry; opening process
vide clear instructions for safely con-
equipment or piping; and control over
ducting activities involved in each cov-
entrance into a facility by mainte-
ered process consistent with the proc-
nance, contractor, laboratory, or other
ess safety information and shall ad-
support personnel. These safe work
dress at least the following elements.
practices shall apply to employees and
(i) Steps for each operating phase:
contractor employees.
(A) Initial startup;
(g) Training—(1) Initial training. (i)
(B) Normal operations; Each employee presently involved in
(C) Temporary operations; operating a process, and each employee
(D) Emergency shutdown including before being involved in operating a
the conditions under which emergency newly assigned process, shall be
shutdown is required, and the assign- trained in an overview of the process
ment of shutdown responsibility to and in the operating procedures as
qualified operators to ensure that specified in paragraph (f) of this sec-
emergency shutdown is executed in a tion. The training shall include empha-
safe and timely manner. sis on the specific safety and health
(E) Emergency Operations; hazards, emergency operations includ-
(F) Normal shutdown; and, ing shutdown, and safe work practices
(G) Startup following a turnaround, applicable to the employee’s job tasks.
or after an emergency shutdown. (ii) In lieu of initial training for
(ii) Operating limits: those employees already involved in
(A) Consequences of deviation; and operating a process on May 26, 1992, an
(B) Steps required to correct or avoid employer may certify in writing that
deviation. the employee has the required knowl-
(iii) Safety and health considerations: edge, skills, and abilities to safely
(A) Properties of, and hazards pre- carry out the duties and responsibil-
sented by, the chemicals used in the ities as specified in the operating pro-
process; cedures.
(B) Precautions necessary to prevent (2) Refresher training. Refresher train-
exposure, including engineering con- ing shall be provided at least every
350
three years, and more often if nec- (vi) The employer shall maintain a
essary, to each employee involved in contract employee injury and illness
operating a process to assure that the log related to the contractor’s work in
employee understands and adheres to process areas.
the current operating procedures of the (3) Contract employer responsibilities.
process. The employer, in consultation (i) The contract employer shall assure
with the employees involved in oper- that each contract employee is trained
ating the process, shall determine the in the work practices necessary to safe-
appropriate frequency of refresher ly perform his/her job.
training. (ii) The contract employer shall as-
(3) Training documentation. The em- sure that each contract employee is in-
ployer shall ascertain that each em- structed in the known potential fire,
ployee involved in operating a process explosion, or toxic release hazards re-
has received and understood the train- lated to his/her job and the process,
ing required by this paragraph. The and the applicable provisions of the
employer shall prepare a record which emergency action plan.
contains the identity of the employee, (iii) The contract employer shall doc-
the date of training, and the means ument that each contract employee
used to verify that the employee under- has received and understood the train-
stood the training. ing required by this paragraph. The
(h) Contractors—(1) Application. This contract employer shall prepare a
paragraph applies to contractors per- record which contains the identity of
forming maintenance or repair, turn- the contract employee, the date of
around, major renovation, or specialty training, and the means used to verify
work on or adjacent to a covered proc- that the employee understood the
ess. It does not apply to contractors training.
providing incidental services which do
(iv) The contract employer shall as-
not influence process safety, such as
sure that each contract employee fol-
janitorial work, food and drink serv-
lows the safety rules of the facility in-
ices, laundry, delivery or other supply
cluding the safe work practices re-
services.
quired by paragraph (f)(4) of this sec-
(2) Employer responsibilities. (i) The
tion.
employer, when selecting a contractor,
(v) The contract employer shall ad-
shall obtain and evaluate information
vise the employer of any unique haz-
regarding the contract employer’s safe-
ty performance and programs. ards presented by the contract employ-
er’s work, or of any hazards found by
(ii) The employer shall inform con-
the contract employer’s work.
tract employers of the known potential
fire, explosion, or toxic release hazards (i) Pre-startup safety review. (1) The
related to the contractor’s work and employer shall perform a pre-startup
the process. safety review for new facilities and for
(iii) The employer shall explain to modified facilities when the modifica-
contract employers the applicable pro- tion is significant enough to require a
visions of the emergency action plan change in the process safety informa-
required by paragraph (n) of this section.
tion. (2) The pre-startup safety review
(iv) The employer shall develop and shall confirm that prior to the intro-
implement safe work practices conduction of highly hazardous chemicals
sistent with paragraph (f)(4) of this sec- to a process:
tion, to control the entrance, presence (i) Construction and equipment is in
and exit of contract employers and accordance with design specifications;
contract employees in covered process (ii) Safety, operating, maintenance,
areas. and emergency procedures are in place
(v) The employer shall periodically and are adequate;
evaluate the performance of contract (iii) For new facilities, a process haz-
employers in fulfilling their obliga- ard analysis has been performed and
tions as specified in paragraph (h)(3) of recommendations have been resolved
this section. or implemented before startup; and
351
modified facilities meet the require- (5) Equipment deficiencies. The em-
ments contained in management of ployer shall correct deficiencies in
change, paragraph (l). equipment that are outside acceptable
(iv) Training of each employee in- limits (defined by the process safety in-
volved in operating a process has been formation in paragraph (d) of this sec-
completed. tion) before further use or in a safe and
(j) Mechanical integrity—(1) Applica- timely manner when necessary means
tion. Paragraphs (j)(2) through (j)(6) of are taken to assure safe operation.
this section apply to the following (6) Quality assurance. (i) In the con-
process equipment: struction of new plants and equipment,
(i) Pressure vessels and storage the employer shall assure that equip-
tanks; ment as it is fabricated is suitable for
(ii) Piping systems (including piping the process application for which they
components such as valves); will be used.
(iii) Relief and vent systems and de- (ii) Appropriate checks and inspec-
vices; tions shall be performed to assure that
(iv) Emergency shutdown systems; equipment is installed properly and
(v) Controls (including monitoring consistent with design specifications
devices and sensors, alarms, and inter- and the manufacturer’s instructions.
locks) and, (iii) The employer shall assure that
(vi) Pumps. maintenance materials, spare parts and
(2) Written procedures. The employer equipment are suitable for the process
shall establish and implement written application for which they will be used.
procedures to maintain the on-going (k) Hot work permit. (1) The employer
integrity of process equipment. shall issue a hot work permit for hot
(3) Training for process maintenance work operations conducted on or near a
activities. The employer shall train each covered process.
employee involved in maintaining the (2) The permit shall document that
on-going integrity of process equip- the fire prevention and protection re-
ment in an overview of that process quirements in 29 CFR 1910.252(a) have
and its hazards and in the procedures been implemented prior to beginning
applicable to the employee’s job tasks the hot work operations; it shall indi-
to assure that the employee can per- cate the date(s) authorized for hot
form the job tasks in a safe manner. work; and identify the object on which
(4) Inspection and testing. (i) Inspec- hot work is to be performed. The per-
tions and tests shall be performed on mit shall be kept on file until comple-
process equipment. tion of the hot work operations.
(ii) Inspection and testing procedures (l) Management of change. (1) The em-
shall follow recognized and generally ployer shall establish and implement
accepted good engineering practices. written procedures to manage changes
(iii) The frequency of inspections and (except for ‘‘replacements in kind’’) to
tests of process equipment shall be con- process chemicals, technology, equip-
sistent with applicable manufacturers’ ment, and procedures; and, changes to
recommendations and good engineering facilities that affect a covered process.
practices, and more frequently if deter- (2) The procedures shall assure that
mined to be necessary by prior oper- the following considerations are ad-
ating experience. dressed prior to any change:
(iv) The employer shall document (i) The technical basis for the pro-
each inspection and test that has been posed change;
performed on process equipment. The (ii) Impact of change on safety and
documentation shall identify the date health;
of the inspection or test, the name of (iii) Modifications to operating pro-
the person who performed the inspec- cedures;
tion or test, the serial number or other (iv) Necessary time period for the
identifier of the equipment on which change; and,
the inspection or test was performed, a (v) Authorization requirements for
description of the inspection or test the proposed change.
performed, and the results of the in- (3) Employees involved in operating a
spection or test. process and maintenance and contract
352
employees whose job tasks will be af- plement an emergency action plan for
fected by a change in the process shall the entire plant in accordance with the
be informed of, and trained in, the provisions of 29 CFR 1910.38. In addi-
change prior to start-up of the process tion, the emergency action plan shall
or affected part of the process. include procedures for handling small
(4) If a change covered by this para- releases. Employers covered under this
graph results in a change in the process standard may also be subject to the
safety information required by para- hazardous waste and emergency re-
graph (d) of this section, such informa- sponse provisions contained in 29 CFR
tion shall be updated accordingly. 1910.120 (a), (p) and (q).
(5) If a change covered by this para- (o) Compliance Audits. (1) Employers
graph results in a change in the oper- shall certify that they have evaluated
ating procedures or practices required compliance with the provisions of this
by paragraph (f) of this section, such section at least every three years to
procedures or practices shall be up- verify that the procedures and prac-
dated accordingly. tices developed under the standard are
(m) Incident investigation. (1) The em- adequate and are being followed.
ployer shall investigate each incident (2) The compliance audit shall be
which resulted in, or could reasonably conducted by at least one person
have resulted in a catastrophic release knowledgeable in the process.
of highly hazardous chemical in the (3) A report of the findings of the
workplace. audit shall be developed.
(2) An incident investigation shall be (4) The employer shall promptly de-
initiated as promptly as possible, but termine and document an appropriate
not later than 48 hours following the response to each of the findings of the
incident. compliance audit, and document that
(3) An incident investigation team deficiencies have been corrected.
shall be established and consist of at (5) Employers shall retain the two (2)
least one person knowledgeable in the most recent compliance audit reports.
process involved, including a contract (p) Trade secrets. (1) Employers shall
employee if the incident involved work make all information necessary to
of the contractor, and other persons comply with the section available to
with appropriate knowledge and experi- those persons responsible for compiling
ence to thoroughly investigate and the process safety information (re-
analyze the incident. quired by paragraph (d) of this section),
(4) A report shall be prepared at the those assisting in the development of
conclusion of the investigation which the process hazard analysis (required
includes at a minimum: by paragraph (e) of this section), those
(i) Date of incident; responsible for developing the oper-
(ii) Date investigation began; ating procedures (required by para-
(iii) A description of the incident; graph (f) of this section), and those in-
(iv) The factors that contributed to volved in incident investigations (re-
the incident; and, quired by paragraph (m) of this sec-
(v) Any recommendations resulting tion), emergency planning and response
from the investigation. (paragraph (n) of this section) and com-
(5) The employer shall establish a pliance audits (paragraph (o) of this
system to promptly address and resolve section) without regard to possible
the incident report findings and rec- trade secret status of such informa-
ommendations. Resolutions and correction.
tive actions shall be documented. (2) Nothing in this paragraph shall
(6) The report shall be reviewed with preclude the employer from requiring
all affected personnel whose job tasks the persons to whom the information is
are relevant to the incident findings in- made available under paragraph (p)(1)
cluding contract employees where ap- of this section to enter into confiden-
plicable. tiality agreements not to disclose the
(7) Incident investigation reports information as set forth in 29 CFR
shall be retained for five years. 1910.1200.
(n) Emergency planning and response. (3) Subject to the rules and proce-
The employer shall establish and im- dures set forth in 29 CFR 1910.1200(i)(1)
353
through 1910.1200(i)(12), employees and CHEMICAL name CAS* TQ**

their designated representatives shall
Dimethylhydrazine, 1,1- ....................... 57–14–7 1000
have access to trade secret information Dimethylamine, Anhydrous ................. 124–40–3 2500
contained within the process hazard 2,4-Dinitroaniline .................................. 97–02–9 5000
analysis and other documents required Ethyl Methyl Ketone Peroxide (also
Methyl Ethyl Ketone Peroxide; con-
to be developed by this standard. centration >60%) .............................. 1338–23–4 5000
Ethyl Nitrite .......................................... 109–95–5 5000
APPENDIX A TO § 1910.119—LIST OF HIGHLY
Ethylamine ........................................... 75–04–7 7500
HAZARDOUS CHEMICALS, TOXICS AND
Ethylene Fluorohydrin ......................... 371–62–0 100
REACTIVES (MANDATORY) Ethylene Oxide .................................... 75–21–8 5000
This appendix contains a listing of toxic Ethyleneimine ...................................... 151–56–4 1000
Fluorine ................................................ 7782–41–4 1000
and reactive highly hazardous chemicals
Formaldehyde (Formalin) .................... 50–00–0 1000
which present a potential for a catastrophic Furan ................................................... 110–00–9 500
event at or above the threshold quantity. Hexafluoroacetone .............................. 684–16–2 5000
Hydrochloric Acid, Anhydrous ............. 7647–01–0 5000
CHEMICAL name CAS* TQ** Hydrofluoric Acid, Anhydrous .............. 7664–39–3 1000
Hydrogen Bromide .............................. 10035–10–6 5000
Acetaldehyde ....................................... 75–07–0 2500 Hydrogen Chloride .............................. 7647–01–0 5000
Acrolein (2-Propenal) .......................... 107–02–8 150
Hydrogen Cyanide, Anhydrous ........... 74–90–8 1000
Acrylyl Chloride ................................... 814–68–6 250
Hydrogen Fluoride ............................... 7664–39–3 1000
Allyl Chloride ....................................... 107–05–1 1000
Hydrogen Peroxide (52% by weight or
Allylamine ............................................ 107–11–9 1000
greater) ............................................ 7722–84–1 7500
Alkylaluminums .................................... Varies 5000
Hydrogen Selenide .............................. 7783–07–5 150
Ammonia, Anhydrous .......................... 7664–41–7 10000
Ammonia solutions (>44% ammonia Hydrogen Sulfide ................................. 7783–06–4 1500
by weight) ........................................ 7664–41–7 15000 Hydroxylamine ..................................... 7803–49–8 2500
Ammonium Perchlorate ....................... 7790–98–9 7500 Iron, Pentacarbonyl ............................. 13463–40–6 250
Ammonium Permanganate .................. 7787–36–2 7500 Isopropylamine .................................... 75–31–0 5000
Arsine (also called Arsenic Hydride) ... 7784–42–1 100 Ketene ................................................. 463–51–4 100
Bis(Chloromethyl) Ether ...................... 542–88–1 100 Methacrylaldehyde .............................. 78–85–3 1000
Boron Trichloride ................................. 10294–34–5 2500 Methacryloyl Chloride .......................... 920–46–7 150
Boron Trifluoride .................................. 7637–07–2 250 Methacryloyloxyethyl Isocyanate ......... 30674–80–7 100
Bromine ............................................... 7726–95–6 1500 Methyl Acrylonitrile .............................. 126–98–7 250
Bromine Chloride ................................. 13863–41–7 1500 Methylamine, Anhydrous ..................... 74–89–5 1000
Bromine Pentafluoride ......................... 7789–30–2 2500 Methyl Bromide ................................... 74–83–9 2500
Bromine Trifluoride .............................. 7787–71–5 15000 Methyl Chloride ................................... 74–87–3 15000
3–Bromopropyne (also called Pro- Methyl Chloroformate .......................... 79–22–1 500
pargyl Bromide) ............................... 106–96–7 100 Methyl Ethyl Ketone Peroxide (con-
Butyl Hydroperoxide (Tertiary) ............ 75–91–2 5000 centration >60%) .............................. 1338–23–4 5000
Butyl Perbenzoate (Tertiary) ............... 614–45–9 7500 Methyl Fluoroacetate ........................... 453–18–9 100
Carbonyl Chloride (see Phosgene) ..... 75–44–5 100 Methyl Fluorosulfate ............................ 421–20–5 100
Carbonyl Fluoride ................................ 353–50–4 2500 Methyl Hydrazine ................................. 60–34–4 100
Cellulose Nitrate (concentration Methyl Iodide ....................................... 74–88–4 7500
>12.6% nitrogen ............................... 9004–70–0 2500 Methyl Isocyanate ............................... 624–83–9 250
Chlorine ............................................... 7782–50–5 1500 Methyl Mercaptan ................................ 74–93–1 5000
Chlorine Dioxide .................................. 10049–04–4 1000 Methyl Vinyl Ketone ............................ 79–84–4 100
Chlorine Pentrafluoride ........................ 13637–63–3 1000 Methyltrichlorosilane ............................ 75–79–6 500
Chlorine Trifluoride .............................. 7790–91–2 1000 Nickel Carbonly (Nickel Tetracarbonyl) 13463–39–3 150
Chlorodiethylaluminum (also called Nitric Acid (94.5% by weight or great-
Diethylaluminum Chloride) ............... 96–10–6 5000 er) ..................................................... 7697–37–2 500
1-Chloro-2,4-Dinitrobenzene ............... 97–00–7 5000 Nitric Oxide .......................................... 10102–43–9 250
Chloromethyl Methyl Ether .................. 107–30–2 500 Nitroaniline (para Nitroaniline .............. 100–01–6 5000
Chloropicrin ......................................... 76–06–2 500 Nitromethane ....................................... 75–52–5 2500
Chloropicrin and Methyl Bromide mix- Nitrogen Dioxide .................................. 10102–44–0 250
ture ................................................... None 1500 Nitrogen Oxides (NO; NO2; N204;
Chloropicrin and Methyl Chloride mix- N203) ............................................... 10102–44–0 250
ture ................................................... None 1500 Nitrogen Tetroxide (also called Nitro-
Cumene Hydroperoxide ...................... 80–15–9 5000 gen Peroxide) .................................. 10544–72–6 250
Cyanogen ............................................ 460–19–5 2500 Nitrogen Trifluoride .............................. 7783–54–2 5000
Cyanogen Chloride .............................. 506–77–4 500 Nitrogen Trioxide ................................. 10544–73–7 250
Cyanuric Fluoride ................................ 675–14–9 100 Oleum (65% to 80% by weight; also
Diacetyl Peroxide (Concentration called Fuming Sulfuric Acid) ............ 8014–94–7 1000
>70%) ............................................... 110–22–5 5000 Osmium Tetroxide ............................... 20816–12–0 100
Diazomethane ..................................... 334–88–3 500 Oxygen Difluoride (Fluorine Monoxide) 7783–41–7 100
Dibenzoyl Peroxide ............................. 94–36–0 7500 Ozone .................................................. 10028–15–6 100
Diborane .............................................. 19287–45–7 100 Pentaborane ........................................ 19624–22–7 100
Dibutyl Peroxide (Tertiary) .................. 110–05–4 5000 Peracetic Acid (concentration >60%
Dichloro Acetylene .............................. 7572–29–4 250 Acetic Acid; also called Peroxy-
Dichlorosilane ...................................... 4109–96–0 2500 acetic Acid) ...................................... 79–21–0 1000
Diethylzinc ........................................... 557–20–0 10000 Perchloric Acid (concentration >60%
Diisopropyl Peroxydicarbonate ............ 105–64–6 7500 by weight) ........................................ 7601–90–3 5000
Dilaluroyl Peroxide .............................. 105–74–8 7500 Perchloromethyl Mercaptan ................ 594–42–3 150
Dimethyldichlorosilane ......................... 75–78–5 1000 Perchloryl Fluoride .............................. 7616–94–6 5000
354
CHEMICAL name CAS* TQ** CHEMICAL name CAS* TQ**
Peroxyacetic Acid (concentration Sulfur Tetrafluoride .............................. 7783–60–0 250

>60% Acetic Acid; also called Per- Sulfur Trioxide (also called Sulfuric
acetic Acid) ...................................... 79–21–0 1000 Anhydride) ........................................ 7446–11–9 1000
Phosgene (also called Carbonyl Chlo- Sulfuric Anhydride (also called Sulfur
ride) .................................................. 75–44–5 100 Trioxide) ........................................... 7446–11–9 1000
Phosphine (Hydrogen Phosphide) ...... 7803–51–2 100 Tellurium Hexafluoride ........................ 7783–80–4 250
Phosphorus Oxychloride (also called Tetrafluoroethylene .............................. 116–14–3 5000
Phosphoryl Chloride) ....................... 10025–87–3 1000 Tetrafluorohydrazine ............................ 10036–47–2 5000
Phosphorus Trichloride ....................... 7719–12–2 1000 Tetramethyl Lead ................................ 75–74–1 1000
Phosphoryl Chloride (also called Thionyl Chloride .................................. 7719–09–7 250
Phosphorus Oxychloride) ................ 10025–87–3 1000 Trichloro (chloromethyl) Silane ........... 1558–25–4 100
Propargyl Bromide ............................... 106–96–7 100 Trichloro (dichlorophenyl) Silane ......... 27137–85–5 2500
Propyl Nitrate ....................................... 627–3–4 2500 Trichlorosilane ..................................... 10025–78–2 5000
Sarin .................................................... 107–44–8 100 Trifluorochloroethylene ........................ 79–38–9 10000
Selenium Hexafluoride ........................ 7783–79–1 1000 Trimethyoxysilane ................................ 2487–90–3 1500
Stibine (Antimony Hydride) ................. 7803–52–3 500 *Chemical Abstract Service Number.
Sulfur Dioxide (liquid) .......................... 7446–09–5 1000 **Threshold Quantity in Pounds (Amount necessary to be
Sulfur Pentafluoride ............................. 5714–22–7 250 covered by this standard).
355
APPENDIX B TO § 1910.119—BLOCK FLOW DIAGRAM AND SIMPLIFIED PROCESS

FLOW DIAGRAM (NONMANDATORY)
356
EC27OC91.026</GPH>
APPENDIX C TO § 1910.119—COMPLIANCE GUIDE- ment program requires a systematic ap-

LINES AND RECOMMENDATIONS FOR PROCESS proach to evaluating the whole process.
SAFETY MANAGEMENT (NONMANDATORY) Using this approach the process design, proc-
ess technology, operational and maintenance
This appendix serves as a nonmandatory activities and procedures, nonroutine activi-
guideline to assist employers and employees ties and procedures, emergency preparedness
in complying with the requirements of this plans and procedures, training programs, and
section, as well as provides other helpful rec- other elements which impact the process are
ommendations and information. Examples all considered in the evaluation. The various
presented in this appendix are not the only lines of defense that have been incorporated
means of achieving the performance goals in into the design and operation of the process
the standard. This appendix neither adds nor to prevent or mitigate the release of haz-
detracts from the requirements of the stand- ardous chemicals need to be evaluated and
ard. strengthened to assure their effectiveness at
1. Introduction to Process Safety Manage- each level. Process safety management is the
ment. The major objective of process safety proactive identification, evaluation and
management of highly hazardous chemicals mitigation or prevention of chemical re-
is to prevent unwanted releases of hazardous leases that could occur as a result of failures
chemicals especially into locations which in process, procedures or equipment.
could expose employees and others to serious The process safety management standard
hazards. An effective process safety manage- targets highly hazardous chemicals that
357
EC27OC91.027</GPH>
have the potential to cause a catastrophic formed about relevant safety and health
incident. This standard as a whole is to aid issues and employers may be able to adapt
employers in their efforts to prevent or miti- these practices and procedures to meet their
gate episodic chemical releases that could obligations under this standard. Employers
lead to a catastrophe in the workplace and who have not implemented an occupational
possibly to the surrounding community. To safety and health program may wish to form
control these types of hazards, employers a safety and health committee of employees
need to develop the necessary expertise, ex- and management representatives to help the
periences, judgement and proactive initia- employer meet the obligations specified by
tive within their workforce to properly im- this standard. These committees can become
plement and maintain an effective process a significant ally in helping the employer to
safety management program as envisioned in implement and maintain an effective process
the OSHA standard. This OSHA standard is safety managment program for all employ-
required by the Clean Air Act Amendments ees.
as is the Environmental Protection Agency’s 3. Process Safety Information. Complete and
Risk Management Plan. Employers, who accurate written information concerning
merge the two sets of requirements into process chemicals, process technology, and
their process safety management program, process equipment is essential to an effective
will better assure full compliance with each process safety management program and to a
as well as enhancing their relationship with process hazards analysis. The compiled infor-
the local community. mation will be a necessary resource to a va-
While OSHA believes process safety man- riety of users including the team that will
agement will have a positive effect on the perform the process hazards analysis as re-
safety of employees in workplaces and also quired under paragraph (e); those developing
offers other potential benefits to employers the training programs and the operating pro-
(increased productivity), smaller businesses cedures; contractors whose employees will be
which may have limited resources available working with the process; those conducting
to them at this time, might consider alter- the pre-startup reviews; local emergency
native avenues of decreasing the risks asso- preparedness planners; and insurance and en-
ciated with highly hazardous chemicals at forcement officials.
their workplaces. One method which might The information to be compiled about the
be considered is the reduction in the inven- chemicals, including process intermediates,
tory of the highly hazardous chemical. This needs to be comprehensive enough for an ac-
reduction in inventory will result in a reduc- curate assessment of the fire and explosion
tion of the risk or potential for a cata- characteristics, reactivity hazards, the safe-
strophic incident. Also, employers including ty and health hazards to workers, and the
small employers may be able to establish corrosion and erosion effects on the process
more efficient inventory control by reducing equipment and monitoring tools. Current
the quantities of highly hazardous chemicals material safety data sheet (MSDS) informa-
on site below the established threshold quan- tion can be used to help meet this require-
tities. This reduction can be accomplished ment which must be supplemented with
by ordering smaller shipments and maintain- process chemistry information including
ing the minimum inventory necessary for ef- runaway reaction and over pressure hazards
ficient and safe operation. When reduced in- if applicable.
ventory is not feasible, then the employer Process technology information will be a
might consider dispersing inventory to sev- part of the process safety information pack-
eral locations on site. Dispersing storage age and it is expected that it will include
into locations where a release in one loca- diagrams of the type shown in appendix B of
tion will not cause a release in another loca- this section as well as employer established
tion is a practical method to also reduce the criteria for maximum inventory levels for
risk or portential for catastrophic incidents. process chemicals; limits beyond which
2. Employee Involvement in Process Safety would be considered upset conditions; and a
Management. Section 304 of the Clean Air Act qualitative estimate of the consequences or
Amendments states that employers are to results of deviation that could occur if oper-
consult with their employees and their rep- ating beyond the established process limits.
resentatives regarding the employers efforts Employers are encouraged to use diagrams
in the development and implementation of which will help users understand the process.
the process safety management program ele- A block flow diagram is used to show the
ments and hazard assessments. Section 304 major process equipment and inter-
also requires employers to train and educate connecting process flow lines and show flow
their employees and to inform affected em- rates, stream composition, temperatures,
ployees of the findings from incident inves- and pressures when necessary for clarity.
tigations required by the process safety man- The block flow diagram is a simplified dia-
agement program. Many employers, under gram.
their safety and health programs, have al- Process flow diagrams are more complex
ready established means and methods to and will show all main flow streams includ-
keep employees and their representatives ining valves to enhance the understanding of
358
the process, as well as pressures and tem- significance of potential hazards associated
peratures on all feed and product lines with- with the processing or handling of highly
in all major vessels, in and out of headers hazardous chemicals. A PHA provides infor-
and heat exchangers, and points of pressure mation which will assist employers and em-
and temperature control. Also, materials of ployees in making decisions for improving
construction information, pump capacities safety and reducing the consequences of un-
and pressure heads, compressor horsepower wanted or unplanned releases of hazardous
and vessel design pressures and temperatures chemicals. A PHA is directed toward ana-
are shown when necessary for clarity. In ad- lyzing potential causes and consequences of
dition, major components of control loops fires, explosions, releases of toxic or flam-
are usually shown along with key utilities mable chemicals and major spills of haz-
on process flow diagrams. ardous chemicals. The PHA focuses on equip-
Piping and instrument diagrams (P&IDs) ment, instrumentation, utilities, human ac-
may be the more appropriate type of dia- tions (routine and nonroutine), and external
grams to show some of the above details and factors that might impact the process. These
to display the information for the piping de- considerations assist in determining the haz-
signer and engineering staff. The P&IDs are ards and potential failure points or failure
to be used to describe the relationships be- modes in a process.
tween equipment and instrumentation as
The selection of a PHA methodology or
well as other relevant information that will
technique will be influenced by many factors
enhance clarity. Computer software pro-
including the amount of existing knowledge
grams which do P&IDs or other diagrams
useful to the information package, may be about the process. Is it a process that has
used to help meet this requirement. been operated for a long period of time with
The information pertaining to process little or no innovation and extensive experi-
equipment design must be documented. In ence has been generated with its use? Or, is
other words, what were the codes and stand- it a new process or one which has been
ards relied on to establish good engineering changed frequently by the inclusion of inno-
practice. These codes and standards are pub- vative features? Also, the size and com-
lished by such organizations as the American plexity of the process will influence the deci-
Society of Mechanical Engineers, American sion as to the appropriate PHA methodology
Petroleum Institute, American National to use. All PHA methodologies are subject to
Standards Institute, National Fire Protec- certain limitations. For example, the check-
tion Association, American Society for Test- list methodology works well when the proc-
ing and Materials, National Board of Boiler ess is very stable and no changes are made,
and Pressure Vessel Inspectors, National As- but it is not as effective when the process
sociation of Corrosion Engineers, American has undergone extensive change. The check-
Society of Exchange Manufacturers Associa- list may miss the most recent changes and
tion, and model building code groups. consequently the changes would not be eval-
In addition, various engineering societies uated. Another limitation to be considered
issue technical reports which impact process concerns the assumptions made by the team
design. For example, the American Institute or analyst. The PHA is dependent on good
of Chemical Engineers has published tech- judgement and the assumptions made during
nical reports on topics such as two phase the study need to be documented and under-
flow for venting devices. This type of tech- stood by the team and reviewer and kept for
nically recognized report would constitute a future PHA.
good engineering practice. The team conducting the PHA need to un-
For existing equipment designed and con- derstand the methodology that is going to be
structed many years ago in accordance with used. A PHA team can vary in size from two
the codes and standards available at that people to a number of people with varied
time and no longer in general use today, the operational and technical backgrounds.
employer must document which codes and Some team members may only be a part of
standards were used and that the design and the team for a limited time. The team leader
construction along with the testing, inspec- needs to be fully knowledgeable in the proper
tion and operation are still suitable for the implementation of the PHA methodology
intended use. Where the process technology that is to be used and should be impartial in
requires a design which departs from the ap- the evaluation. The other full or part time
plicable codes and standards, the employer team members need to provide the team with
must document that the design and con- expertise in areas such as process tech-
struction is suitable for the intended pur- nology, process design, operating procedures
pose. and practices, including how the work is ac-
4. Process Hazard Analysis. A process hazard tually performed, alarms, emergency proce-
analysis (PHA), sometimes called a process dures, instrumentation, maintenance proce-
hazard evaluation, is one of the most impor- dures, both routine and nonroutine tasks, in-
tant elements of the process safety manage- cluding how the tasks are authorized, pro-
ment program. A PHA is an organized and
curement of parts and supplies, safety and

systematic effort to identify and analyze the health, and any other relevant subject as the
359
need dictates. At least one team member evolved from a checklist or what-if ques-
must be familiar with the process. tions, could be developed and used by each
The ideal team will have an intimate employer effectively to reflect his/her par-
knowledge of the standards, codes, specifica- ticular process; this would simplify compli-
tions and regulations applicable to the proc- ance for them.
ess being studied. The selected team mem- When the employer has a number of proc-
bers need to be compatible and the team esses which require a PHA, the employer
leader needs to be able to manage the team, must set up a priority system of which PHAs
and the PHA study. The team needs to be to conduct first. A preliminary or gross haz-
able to work together while benefiting from ard analysis may be useful in prioritizing the
the expertise of others on the team or out- processes that the employer has determined
side the team, to resolve issues, and to forge are subject to coverage by the process safety
a consensus on the findings of the study and management standard. Consideration should
recommendations. first be given to those processes with the po-
The application of a PHA to a process may tential of adversely affecting the largest
involve the use of different methodologies number of employees. This prioritizing
for various parts of the process. For example, should consider the potential severity of a
a process involving a series of unit operation chemical release, the number of potentially
of varying sizes, complexities, and ages may affected employees, the operating history of
use different methodologies and team mem- the process such as the frequency of chem-
bers for each operation. Then the conclu- ical releases, the age of the process and any
sions can be integrated into one final study other relevant factors. These factors would
and evaluation. A more specific example is suggest a ranking order and would suggest
the use of a checklist PHA for a standard either using a weighing factor system or a
boiler or heat exchanger and the use of a systematic ranking method. The use of a
Hazard and Operability PHA for the overall preliminary hazard analysis would assist an
process. Also, for batch type processes like employer in determining which process
custom batch operations, a generic PHA of a should be of the highest priority and thereby
representative batch may be used where the employer would obtain the greatest im-
there are only small changes of monomer or provement in safety at the facility.
other ingredient ratios and the chemistry is Detailed guidance on the content and ap-
documented for the full range and ratio of plication of process hazard analysis meth-
batch ingredients. Another process that odologies is available from the American In-
might consider using a generic type of PHA stitute of Chemical Engineers’ Center for
is a gas plant. Often these plants are simply Chemical Process Safety (see appendix D).
moved from site to site and therefore, a ge- 5. Operating Procedures and Practices. Oper-
neric PHA may be used for these movable ating procedures describe tasks to be per-
plants. Also, when an employer has several formed, data to be recorded, operating condi-
similar size gas plants and no sour gas is tions to be maintained, samples to be col-
being processed at the site, then a generic lected, and safety and health precautions to
PHA is feasible as long as the variations of be taken. The procedures need to be tech-
the individual sites are accounted for in the nically accurate, understandable to employ-
PHA. Finally, when an employer has a large ees, and revised periodically to ensure that
continuous process which has several control they reflect current operations. The process
rooms for different portions of the process safety information package is to be used as
such as for a distillation tower and a blend- a resource to better assure that the oper-
ing operation, the employer may wish to do ating procedures and practices are consistent
each segment separately and then integrate with the known hazards of the chemicals in
the final results. the process and that the operating param-
Additionally, small businesses which are eters are accurate. Operating procedures
covered by this rule, will often have proc- should be reviewed by engineering staff and
esses that have less storage volume, less ca- operating personnel to ensure that they are
pacity, and less complicated than processes accurate and provide practical instructions
at a large facility. Therefore, OSHA would on how to actually carry out job duties safe-
anticipate that the less complex methodolo- ly.
gies would be used to meet the process haz- Operating procedures will include specific
ard analysis criteria in the standard. These instructions or details on what steps are to
process hazard analyses can be done in less be taken or followed in carrying out the
time and with a few people being involved. A stated procedures. These operating instruc-
less complex process generally means that tions for each procedure should include the
less data, P&IDs, and process information is applicable safety precautions and should
needed to perform a process hazard analysis. contain appropriate information on safety
Many small businesses have processes that implications. For example, the operating
are not unique, such as cold storage lockers procedures addressing operating parameters
or water treatment facilities. Where em- will contain operating instructions about
ployer associations have a number of mem- pressure limits, temperature ranges, flow
bers with such facilities, a generic PHA, rates, what to do when an upset condition
360
occurs, what alarms and instruments are erating personnel should be informed to pro-
pertinent if an upset condition occurs, and vide closure on the job.
other subjects. Another example of using op- 6. Employee Training. All employees, includ-
erating instructions to properly implement ing maintenance and contractor employees,
operating procedures is in starting up or involved with highly hazardous chemicals
shutting down the process. In these cases, need to fully understand the safety and
different parameters will be required from health hazards of the chemicals and proc-
those of normal operation. These operating esses they work with for the protection of
instructions need to clearly indicate the dis- themselves, their fellow employees and the
tinctions between startup and normal oper- citizens of nearby communities. Training
ations such as the appropriate allowances for conducted in compliance with § 1910.1200, the
heating up a unit to reach the normal oper- Hazard Communication standard, will help
ating parameters. Also the operating in- employees to be more knowledgeable about
structions need to describe the proper meth- the chemicals they work with as well as fa-
od for increasing the temperature of the unit miliarize them with reading and under-
until the normal operating temperature pa- standing MSDS. However, additional train-
rameters are achieved. ing in subjects such as operating procedures
Computerized process control systems add and safety work practices, emergency evacu-
complexity to operating instructions. These ation and response, safety procedures, rou-
operating instructions need to describe the tine and nonroutine work authorization ac-
logic of the software as well as the relation- tivities, and other areas pertinent to process
ship between the equipment and the control safety and health will need to be covered by
an employer’s training program.
system; otherwise, it may not be apparent to
In establishing their training programs,
the operator.
employers must clearly define the employees
Operating procedures and instructions are to be trained and what subjects are to be
important for training operating personnel. covered in their training. Employers in set-
The operating procedures are often viewed as ting up their training program will need to
the standard operating practices (SOPs) for clearly establish the goals and objectives
operations. Control room personnel and oper- they wish to achieve with the training that
ating staff, in general, need to have a full un- they provide to their employees. The learn-
derstanding of operating procedures. If working goals or objectives should be written in
ers are not fluent in English then procedures clear measurable terms before the training
and instructions need to be prepared in a sec- begins. These goals and objectives need to be
ond language understood by the workers. In tailored to each of the specific training mod-
addition, operating procedures need to be ules or segments. Employers should describe
changed when there is a change in the proc- the important actions and conditions under
ess as a result of the management of change which the employee will demonstrate com-
procedures. The consequences of operating petence or knowledge as well as what is ac-
procedure changes need to be fully evaluated ceptable performance.
and the information conveyed to the per- Hands-on-training where employees are
sonnel. For example, mechanical changes to able to use their senses beyond listening,
the process made by the maintenance depart- will enhance learning. For example, oper-
ment (like changing a valve from steel to ating personnel, who will work in a control
brass or other subtle changes) need to be room or at control panels, would benefit by
evaluated to determine if operating proce- being trained at a simulated control panel or
dures and practices also need to be changed. panels. Upset conditions of various types
All management of change actions must be could be displayed on the simulator, and
coordinated and integrated with current op- then the employee could go through the
erating procedures and operating personnel proper operating procedures to bring the
must be oriented to the changes in proce- simulator panel back to the normal oper-
dures before the change is made. When the ating parameters. A training environment
process is shut down in order to make a could be created to help the trainee feel the
change, then the operating procedures must full reality of the situation but, of course,
be updated before startup of the process. under controlled conditions. This realistic
Training in how to handle upset conditions type of training can be very effective in
must be accomplished as well as what oper- teaching employees correct procedures while
ating personnel are to do in emergencies allowing them to also see the consequences
such as when a pump seal fails or a pipeline of what might happen if they do not follow
ruptures. Communication between operating established operating procedures. Other
personnel and workers performing work training techniques using videos or on-the-
within the process area, such as nonroutine job training can also be very effective for
tasks, also must be maintained. The hazards teaching other job tasks, duties, or other im-
of the tasks are to be conveyed to operating portant information. An effective training
personnel in accordance with established program will allow the employee to fully
procedures and to those performing the ac-
participate in the training process and to

tual tasks. When the work is completed, op- practice their skill or knowledge.
361
Employers need to periodically evaluate rience. This log will also contain informa-
their training programs to see if the nection which will be of use to those auditing
essary skills, knowledge, and routines are process safety management compliance and
being properly understood and implemented those involved in incident investigations.
by their trained employees. The means or Contract employees must perform their
methods for evaluating the training should work safely. Considering that contractors
be developed along with the training pro- often perform very specialized and poten-
gram goals and objectives. Training program tially hazardous tasks such as confined space
evaluation will help employers to determine entry activities and nonroutine repair activi-
the amount of training their employees un- ties it is quite important that their activi-
derstood, and whether the desired results ties be controlled while they are working on
were obtained. If, after the evaluation, it ap- or near a covered process. A permit system
pears that the trained employees are not at or work authorization system for these ac-
the level of knowledge and skill that was ex- tivities would also be helpful to all affected
pected, the employer will need to revise the employers. The use of a work authorization
training program, provide retraining, or pro- system keeps an employer informed of con-
vide more frequent refresher training ses- tract employee activities, and as a benefit
sions until the deficiency is resolved. Those the employer will have better coordination
who conducted the training and those who and more management control over the work
received the training should also be con- being performed in the process area. A well
sulted as to how best to improve the training run and well maintained process where em-
process. If there is a language barrier, the ployee safety is fully recognized will benefit
language known to the trainees should be all of those who work in the facility whether
used to reinforce the training messages and they be contract employees or employees of
information. the owner.
Careful consideration must be given to as- 8. Pre-Startup Safety. For new processes,
sure that employees including maintenance the employer will find a PHA helpful in im-
and contract employees receive current and proving the design and construction of the
updated training. For example, if changes process from a reliability and quality point
are made to a process, impacted employees of view. The safe operation of the new proc-
must be trained in the changes and under- ess will be enhanced by making use of the
stand the effects of the changes on their job PHA recommendations before final installa-
tasks (e.g., any new operating procedures tions are completed. P&IDs are to be com-
pertinent to their tasks). Additionally, as al- pleted along with having the operating pro-
ready discussed the evaluation of the em- cedures in place and the operating staff
ployee’s absorption of training will certainly trained to run the process before startup.
influence the need for training. The initial startup procedures and normal
7. Contractors. Employers who use contrac- operating procedures need to be fully evalu-
tors to perform work in and around processes ated as part of the pre-startup review to as-
that involve highly hazardous chemicals, sure a safe transfer into the normal oper-
will need to establish a screening process so ating mode for meeting the process param-
that they hire and use contractors who ac- eters.
complish the desired job tasks without com- For existing processes that have been shut-
promising the safety and health of employ- down for turnaround, or modification, etc.,
ees at a facility. For contractors, whose safe- the employer must assure that any changes
ty performance on the job is not known to other than ‘‘replacement in kind’’ made to
the hiring employer, the employer will need the process during shutdown go through the
to obtain information on injury and illness management of change procedures. P&IDs
rates and experience and should obtain con- will need to be updated as necessary, as well
tractor references. Additionally, the em- as operating procedures and instructions. If
ployer must assure that the contractor has the changes made to the process during shut-
the appropriate job skills, knowledge and down are significant and impact the training
certifications (such as for pressure vessel program, then operating personnel as well as
welders). Contractor work methods and expe- employees engaged in routine and nonrou-
riences should be evaluated. For example, tine work in the process area may need some
does the contractor conducting demolition refresher or additional training in light of
work swing loads over operating processes or the changes. Any incident investigation rec-
does the contractor avoid such hazards? ommendations, compliance audits or PHA
Maintaining a site injury and illness log recommendations need to be reviewed as
for contractors is another method employers well to see what impacts they may have on
must use to track and maintain current the process before beginning the startup.
knowledge of work activities involving con- 9. Mechanical Integrity. Employers will need
tract employees working on or adjacent to to review their maintenance programs and
covered processes. Injury and illness logs of schedules to see if there are areas where
both the employer’s employees and contract ‘‘breakdown’’ maintenance is used rather
employees allow an employer to have full than an on-going mechanical integrity pro-
knowledge of process injury and illness expe- gram. Equipment used to process, store, or
362
handle highly hazardous chemicals needs to and inspection frequency, as well as appro-
be designed, constructed, installed and main- priate methodologies.
tained to minimize the risk of releases of The applicable codes and standards provide
such chemicals. This requires that a mechan- criteria for external inspections for such
ical integrity program be in place to assure items as foundation and supports, anchor
the continued integrity of process equip- bolts, concrete or steel supports, guy wires,
ment. Elements of a mechanical integrity nozzles and sprinklers, pipe hangers, ground-
program include the identification and cating connections, protective coatings and in-
egorization of equipment and instrumenta- sulation, and external metal surfaces of pip-
tion, inspections and tests, testing and ining and vessels, etc. These codes and stand-
spection frequencies, development of mainte- ards also provide information on methodolo-
nance procedures, training of maintenance gies for internal inspection, and a frequency
personnel, the establishment of criteria for formula based on the corrosion rate of the
acceptable test results, documentation of materials of construction. Also, erosion both
test and inspection results, and documenta- internal and external needs to be considered
tion of manufacturer recommendations as to along with corrosion effects for piping and
meantime to failure for equipment and in- valves. Where the corrosion rate is not
strumentation. known, a maximum inspection frequency is
The first line of defense an employer has recommended, and methods of developing
available is to operate and maintain the the corrosion rate are available in the codes.
process as designed, and to keep the chemi- Internal inspections need to cover items
cals contained. This line of defense is backed such as vessel shell, bottom and head; metal-
up by the next line of defense which is the lic linings; nonmetallic linings; thickness
controlled release of chemicals through measurements for vessels and piping; inspec-
venting to scrubbers or flares, or to surge or tion for erosion, corrosion, cracking and
overflow tanks which are designed to receive bulges; internal equipment like trays, baf-
such chemicals, etc. These lines of defense fles, sensors and screens for erosion, corro-
are the primary lines of defense or means to sion or cracking and other deficiencies.
prevent unwanted releases. The secondary Some of these inspections may be performed
lines of defense would include fixed fire pro- by state of local government inspectors
tection systems like sprinklers, water spray, under state and local statutes. However,
or deluge systems, monitor guns, etc., dikes, each employer needs to develop procedures
designed drainage systems, and other sys- to ensure that tests and inspections are con-
tems which would control or mitigate haz- ducted properly and that consistency is
ardous chemicals once an unwanted release maintained even where different employees
occurs. These primary and secondary lines of may be involved. Appropriate training is to
defense are what the mechanical integrity be provided to maintenance personnel to en-
program needs to protect and strengthen sure that they understand the preventive
these primary and secondary lines of de- maintenance program procedures, safe prac-
fenses where appropriate. tices, and the proper use amd application of
The first step of an effective mechanical special equipment or unique tools that may
integrity program is to compile and cat- be required. This training is part of the over-
egorize a list of process equipment and in- all training program called for in the stand-
strumentation for inclusion in the program. ard.
This list would include pressure vessels, stor- A quality assurance system is needed to
age tanks, process piping, relief and vent help ensure that the proper materials of con-
systems, fire protection system components, struction are used, that fabrication and in-
emergency shutdown systems and alarms spection procedures are proper, and that in-
and interlocks and pumps. For the cat- stallation procedures recognize field instal-
egorization of instrumentation and the listed lation concerns. The quality assurance pro-
equipment the employer would prioritize gram is an essential part of the mechanical
which pieces of equipment require closer integrity program and will help to maintain
scrutiny than others. Meantime to failure of the primary and secondary lines of defense
various instrumentation and equipment that have been designed into the process to
parts would be known from the manufactur- prevent unwanted chemical releases or those
ers data or the employer’s experience with which control or mitigate a release. ‘‘As
the parts, which would then influence the in- built’’ drawings, together with certifications
spection and testing frequency and associ- of coded vessels and other equipment, and
ated procedures. Also, applicable codes and materials of construction need to be verified
standards such as the National Board Inspec- and retained in the quality assurance docu-
tion Code, or those from the American Soci- mentation. Equipment installation jobs need
ety for Testing and Material, American Pe- to be properly inspected in the field for use
troleum Institute, National Fire Protection of proper materials and procedures and to as-
Association, American National Standards sure that qualified craftsmen are used to do
Institute, American Society of Mechanical the job. The use of appropriate gaskets,
Engineers, and other groups, provide infor- packing, bolts, valves, lubricants and weld-
mation to help establish an effective testing ing rods need to be verified in the field. Also
363
procedures for installation of safety devices change in materials of construction, equip-
need to be verified, such as the torque on the ment specifications, piping pre-arrange-
bolts on ruptured disc installations, uniform ments, experimental equipment, computer
torque on flange bolts, proper installation of program revisions and changes in alarms and
pump seals, etc. If the quality of parts is a interlocks. Employers need to establish
problem, it may be appropriate to conduct means and methods to detect both technical
audits of the equipment supplier’s facilities changes and mechanical changes.
to better assure proper purchases of required Temporary changes have caused a number
equipment which is suitable for its intended of catastrophes over the years, and employ-
service. Any changes in equipment that may ers need to establish ways to detect tem-
become necessary will need to go through porary changes as well as those that are per-
the management of change procedures. manent. It is important that a time limit for
10. Nonroutine Work Authorizations. Nonrou- temporary changes be established and mon-
tine work which is conducted in process itored since, without control, these changes
areas needs to be controlled by the employer may tend to become permanent. Temporary
in a consistent manner. The hazards identi- changes are subject to the management of
fied involving the work that is to be accom- change provisions. In addition, the manage-
plished must be communicated to those ment of change procedures are used to insure
doing the work, but also to those operating that the equipment and procedures are re-
personnel whose work could affect the safety turned to their original or designed condi-
of the process. A work authorization notice
tions at the end of the temporary change.
or permit must have a procedure that de-
Proper documentation and review of these
scribes the steps the maintenance super-
changes is invaluable in assuring that the
visor, contractor representative or other per-
safety and health considerations are being
son needs to follow to obtain the necessary
incorporated into the operating procedures
clearance to get the job started. The work
and the process.
authorization procedures need to reference
and coordinate, as applicable, lockout/tagout Employers may wish to develop a form or
procedures, line breaking procedures, con- clearance sheet to facilitate the processing
fined space entry procedures and hot work of changes through the management of
authorizations. This procedure also needs to change procedures. A typical change form
provide clear steps to follow once the job is may include a description and the purpose of
completed in order to provide closure for the change, the technical basis for the
those that need to know the job is now com- change, safety and health considerations,
pleted and equipment can be returned to nor- documentation of changes for the operating
mal. procedures, maintenance procedures, inspec-
11. Managing Change. To properly manage tion and testing, P&IDs, electrical classifica-
changes to process chemicals, technology, tion, training and communications, pre-
equipment and facilities, one must define startup inspection, duration if a temporary
what is meant by change. In this process change, approvals and authorization. Where
safety management standard, change in- the impact of the change is minor and well
cludes all modifications to equipment, proce- understood, a check list reviewed by an au-
dures, raw materials and processing condi- thorized person with proper communication
tions other than ‘‘replacement in kind’’. to others who are affected may be sufficient.
These changes need to be properly managed However, for a more complex or significant
by identifying and reviewing them prior to design change, a hazard evaluation procedure
implementation of the change. For example, with approvals by operations, maintenance,
the operating procedures contain the oper- and safety departments may be appropriate.
ating parameters (pressure limits, tempera- Changes in documents such as P&IDs, raw
ture ranges, flow rates, etc.) and the impor- materials, operating procedures, mechanical
tance of operating within these limits. While integrity programs, electrical classifica-
the operator must have the flexibility to tions, etc., need to be noted so that these re-
maintain safe operation within the estab- visions can be made permanent when the
lished parameters, any operation outside of drawings and procedure manuals are up-
these parameters requires review and ap- dated. Copies of process changes need to be
proval by a written management of change kept in an accessible location to ensure that
procedure. design changes are available to operating
Management of change covers such as personnel as well as to PHA team members
changes in process technology and changes when a PHA is being done or one is being up-
to equipment and instrumentation. Changes dated.
in process technology can result from 12. Investigation of Incidents. Incident inves-
changes in production rates, raw materials, tigation is the process of identifying the un-
experimentation, equipment unavailability, derlying causes of incidents and imple-
new equipment, new product development, menting steps to prevent similar events from
change in catalyst and changes in operating occurring. The intent of an incident inves-
conditions to improve yield or quality. tigation is for employers to learn from past
Equipment changes include among others experiences and thus avoid repeating past
364
mistakes. The incidents for whicn OSHA ex- Employers at a minimum must have an
pects employers to become aware and to in- emergency action plan which will facilitate
vestigate are the types of events which re- the prompt evacuation of employees due to
sult in or could reasonably have resulted in an unwanted release of a highly hazardous
a catastrophic release. Some of the events chemical. This means that the employer will
are sometimes referred to as ‘‘near misses,’’ have a plan that will be activated by an
meaning that a serious consequence did not alarm system to alert employees when to
occur, but could have. evacuate and, that employees who are phys-
Employers need to develop in-house capa- ically impaired, will have the necessary sup-
bility to investigate incidents that occur in port and assistance to get them to the safe
their facilities. A team needs to be assem- zone as well. The intent of these require-
bled by the employer and trained in the tech- ments is to alert and move employees to a
niques of investigation including how to con- safe zone quickly. Delaying alarms or con-
duct interviews of witnesses, needed docu- fusing alarms are to be avoided. The use of
mentation and report writing. A multi-dis- process control centers or similar process
ciplinary team is better able to gather the buildings in the process area as safe areas is
facts of the event and to analyze them and discouraged. Recent catastrophes have
develop plausible scenarios as to what hap- shown that a large life loss has occurred in
pened, and why. Team members should be se- these structures because of where they have
lected on the basis of their training, knowl- been sited and because they are not nec-
edge and ability to contribute to a team ef- essarily designed to withstand over-pressures
fort to fully investigate the incident. Em- from shockwaves resulting from explosions
ployees in the process area where the inci- in the process area.
dent occurred should be consulted, inter- Unwanted incidental releases of highly
viewed or made a member of the team. Their hazardous chemicals in the process area
knowledge of the events form a significant must be addressed by the employer as to
set of facts about the incident which oc- what actions employees are to take. If the
curred. The report, its findings and rec- employer wants employees to evacuate the
ommendations are to be shared with those area, then the emergency action plan will be
who can benefit from the information. The activated. For outdoor processes where wind
cooperation of employees is essential to an direction is important for selecting the safe
effective incident investigation. The focus of route to a refuge area, the employer should
the investigation should be to obtain facts, place a wind direction indicator such as a
and not to place blame. The team and the in- wind sock or pennant at the highest point
vestigation process should clearly deal with that can be seen throughout the process
all involved individuals in a fair, open and area. Employees can move in the direction of
consistent manner. cross wind to upwind to gain safe access to
13. Emergency Preparedness. Each employer the refuge area by knowing the wind direc-
must address what actions employees are to tion.
take when there is an unwanted release of If the employer wants specific employees
highly hazardous chemicals. Emergency pre- in the release area to control or stop the
paredness or the employer’s tertiary (third) minor emergency or incidental release, these
lines of defense are those that will be relied actions must be planned for in advance and
on along with the secondary lines of defense procedures developed and implemented.
when the primary lines of defense which are Preplanning for handling incidental releases
used to prevent an unwanted release fail to for minor emergencies in the process area
stop the release. Employers will need to de- needs to be done, appropriate equipment for
cide if they want employees to handle and the hazards must be provided, and training
stop small or minor incidental releases. conducted for those employees who will per-
Whether they wish to mobilize the available form the emergency work before they re-
resources at the plant and have them spond to handle an actual release. The em-
brought to bear on a more significant re- ployer’s training program, including the
lease. Or whether employers want their em- Hazard Communication standard training is
ployees to evacuate the danger area and to address the training needs for employees
promptly escape to a preplanned safe zone who are expected to handle incidental or
area, and allow the local community emer- minor releases.
gency response organizations to handle the Preplanning for releases that are more se-
release. Or whether the employer wants to rious than incidental releases is another im-
use some combination of these actions. Em- portant line of defense to be used by the em-
ployers will need to select how many dif- ployer. When a serious release of a highly
ferent emergency preparedness or tertiary hazardous chemical occurs, the employer
lines of defense they plan to have and then through preplanning will have determined in
develop the necessary plans and procedures, advance what actions employees are to take.
and appropriately train employees in their The evacuation of the immediate release
emergency duties and responsibilities and area and other areas as necessary would be
then implement these lines of defense. accomplished under the emergency action
365
plan. If the employer wishes to use plant per- 14. Compliance Audits. Employers need to
sonnel such as a fire brigade, spill control select a trained individual or assemble a
team, a hazardous materials team, or use trained team of people to audit the process
employees to render aid to those in the im- safety management system and program. A
mediate release area and control or mitigate small process or plant may need only one
the incident, these actions are covered by knowledgeable person to conduct an audit.
§ 1910.120, the Hazardous Waste Operations The audit is to include an evaluation of the
and Emergency Response (HAZWOPER) design and effectiveness of the process safety
standard. If outside assistance is necessary, management system and a field inspection of
such as through mutual aid agreements be- the safety and health conditions and prac-
tween employers or local government emer- tices to verify that the employer’s systems
gency response organizations, these emer- are effectively implemented. The audit
gency responders are also covered by should be conducted or lead by a person
HAZWOPER. The safety and health protec- knowledgeable in audit techniques and who
tions required for emergency responders are is impartial towards the facility or area
the responsibility of their employers and of being audited. The essential elements of an
the on-scene incident commander. audit program include planning, staffing,
conduting the audit, evaluation and correc-
Responders may be working under very
tive action, follow-up and documentation.
hazardous conditions and therefore the ob-
Planning in advance is essential to the suc-
jective is to have them competently led by
cess of the auditing process. Each employer
an on-scene incident commander and the
needs to establish the format, staffing,
commander’s staff, properly equipped to do
scheduling and verification methods prior to
their assigned work safely, and fully trained
conducting the audit. The format should be
to carry out their duties safely before they designed to provide the lead auditor with a
respond to an emergency. Drills, training ex- procedure or checklist which details the re-
ercises, or simulations with the local com- quirements of each section of the standard.
munity emergency response planners and re- The names of the audit team members
sponder organizations is one means to obtain should be listed as part of the format as well.
better preparedness. This close cooperation The checklist, if properly designed, could
and coordination between plant and local serve as the verification sheet which pro-
community emergency preparedness man- vides the auditor with the necessary infor-
agers will also aid the employer in com- mation to expedite the review and assure
plying with the Environmental Protection that no requirements of the standard are
Agency’s Risk Management Plan criteria. omitted. This verification sheet format
One effective way for medium to large fa- could also identify those elements that will
cilities to enhance coordination and commu- require evaluation or a response to correct
nication during emergencies for on plant op- deficiencies. This sheet could also be used for
erations and with local community organiza- developing the follow-up and documentation
tions is for employers to establish and equip requirements.
an emergency control center. The emergency The selection of effective audit team mem-
control center would be sited in a safe zone bers is critical to the success of the program.
area so that it could be occupied throughout Team members should be chosen for their ex-
the duration of an emergency. The center perience, knowledge, and training and should
would serve as the major ccommunication be familiar with the processes and with au-
link between the on-scene incident com- diting techniques, practices and procedures.
mander and plant or corporate management The size of the team will vary depending on
as well as with the local community offi- the size and complexity of the process under
cials. The communication equipment in the consideration. For a large, complex, highly
emergency control center should include a instrumented plant, it may be desirable to
network to receive and transmit information have team members with expertise in proc-
by telephone, radio or other means. It is im- ess engineering and design, process chem-
portant to have a backup communication istry, instrumentation and computer con-
network in case of power failure or one com- trols, electrical hazards and classifications,
munication means fails. The center should safety and health disciplines, maintenance,
also be equipped with the plant layout and emergency preparedness, warehousing or
community maps, utility drawings including shipping, and process safety auditing. The
fire water, emergency lighting, appropriate team may use part-time members to provide
reference materials such as a government for the depth of expertise required as well as
agency notification list, company personnel for what is actually done or followed, com-
phone list, SARA Title III reports and mate- pared to what is written.
rial safety data sheets, emergency plans and An effective audit includes a review of the
procedures manual, a listing with the loca- relevant documentation and process safety
tion of emergency response equipment, mu- information, inspection of the physical fa-
tual aid information, and access to meteoro- cilities, and interviews with all levels of
logical or weather condition data and any
plant personnel. Utilizing the audit proce-

dispersion modeling data. dure and checklist developed in the
366
preplanning stage, the audit team can sys- It is important to assure that each defi-
tematically analyze compliance with the ciency identified is addressed, the corrective
provisions of the standard and any other cor- action to be taken noted, and the audit per-
porate policies that are relevant. For exam- son or team responsible be properly docu-
ple, the audit team will review all aspects of mented by the employer. To control the cor-
the training program as part of the overall rective action process, the employer should
audit. The team will review the written consider the use of a tracking system. This
training program for adequacy of content, tracking system might include periodic sta-
frequency of training, effectiveness of train- tus reports shared with affected levels of
ing in terms of its goals and objectives as management, specific reports such as com-
well as to how it fits into meeting the stand- pletion of an engineering study, and a final
ard’s requirements, documentation, etc. implementation report to provide closure for
Through interviews, the team can determine audit findings that have been through man-
the employee’s knowledge and awareness of agement of change, if appropriate, and then
the safety procedures, duties, rules, emer- shared with affected employees and manage-
gency response assignments, etc. During the ment. This type of tracking system provides
inspection, the team can observe actual the employer with the status of the correc-
practices such as safety and health policies, tive action. It also provides the documenta-
procedures, and work authorization prac- tion required to verify that appropriate cor-
tices. This approach enables the team to rective actions were taken on deficiencies
identify deficiencies and determine where identified in the audit.
corrective actions or improvements are nec- APPENDIX D TO § 1910.119—SOURCES OF
essary. FURTHER INFORMATION (NONMANDATORY)
An audit is a technique used to gather suf-
ficient facts and information, including sta- 1. Center for Chemical Process Safety,
tistical information, to verify compliance American Institute of Chemical Engineers,
with standards. Auditors should select as 345 East 47th Street, New York, NY 10017,
part of their preplanning a sample size suffi- (212) 705–7319.
cient to give a degree of confidence that the 2. ‘‘Guidelines for Hazard Evaluation Pro-
audit reflects the level of compliance with cedures,’’ American Institute of Chemical
the standard. The audit team, through this Engineers; 345 East 47th Street, New York,
systematic analysis, should document areas NY 10017.
3. ‘‘Guidelines for Technical Management
which require corrective action as well as
of Chemical Process Safety,’’ Center for
those areas where the process safety man-
Chemical Process Safety of the American In-
agement system is effective and working in
stitute of Chemical Engineers; 345 East 47th
an effective manner. This provides a record
Street, New York, NY 10017.
of the audit procedures and findings, and
4. ‘‘Evaluating Process Safety in the Chem-
serves as a baseline of operation data for fu-
ical Industry,’’ Chemical Manufacturers As-
ture audits. It will assist future auditors in
sociation; 2501 M Street NW, Washington, DC
determining changes or trends from previous 20037.
audits. 5. ‘‘Safe Warehousing of Chemicals,’’
Corrective action is one of the most impor- Chemical Manufacturers Association; 2501 M
tant parts of the audit. It includes not only Street NW, Washington, DC 20037.
addressing the identified deficiencies, but 6. ‘‘Management of Process Hazards,’’
also planning, followup, and documentation. American Petroleum Institute (API Rec-
The corrective action process normally be- ommended Practice 750); 1220 L Street, N.W.,
gins with a management review of the audit Washington, D.C. 20005.
findings. The purpose of this review is to de- 7. ‘‘Improving Owner and Contractor Safe-
termine what actions are appropriate, and to ty Performance,’’ American Petroleum Insti-
establish priorities, timetables, resource al- tute (API Recommended Practice 2220); API,
locations and requirements and responsibil- 1220 L Street N.W., Washington, D.C. 20005.
ities. In some cases, corrective action may 8. Chemical Manufacturers Association
involve a simple change in procedure or (CMA’s Manager Guide), First Edition, Sep-
minor maintenance effort to remedy the con- tember 1991; CMA, 2501 M Street, N.W.,
cern. Management of change procedures need Washington, D.C. 20037.
to be used, as appropriate, even for what 9. ‘‘Improving Construction Safety Per-
may seem to be a minor change. Many of the formance,’’ Report A–3, The Business Round-
deficiencies can be acted on promptly, while table; The Business Roundtable, 200 Park Av-
some may require engineering studies or in- enue, New York, NY 10166. (Report includes
depth review of actual procedures and prac- criteria to evaluate contractor safety per-
tices. There may be instances where no ac- formance and criteria to enhance contractor
tion is necessary and this is a valid response safety performance).
to an audit finding. All actions taken, in- 10. ‘‘Recommended Guidelines for Con-
cluding an explanation where no action is tractor Safety and Health,’’ Texas Chemical
taken on a finding, needs to be documented Council; Texas Chemical Council, 1402
as to what was done and why. Nueces Street, Austin, TX 78701–1534.
367
11. ‘‘Loss Prevention in the Process Indus- ery Act of 1976 (RCRA) as amended (42
tries,’’ Volumes I and II; Frank P. Lees, U.S.C. 6901 et seq.);
Butterworth; London 1983.
12. ‘‘Safety and Health Program Manage-
(iii) Voluntary clean-up operations at
ment Guidelines,’’ 1989; U.S. Department of sites recognized by Federal, state, local
Labor, Occupational Safety and Health Ad- or other governmental bodies as uncon-
ministration. trolled hazardous waste sites;
13. ‘‘Safety and Health Guide for the Chem- (iv) Operations involving hazardous
ical Industry,’’ 1986, (OSHA 3091); U.S. De- wastes that are conducted at treat-
partment of Labor, Occupational Safety and
Health Administration; 200 Constitution Av-
ment, storage, and disposal (TSD) fa-
enue, N.W., Washington, D.C. 20210. cilities regulated by 40 CFR parts 264
14. ‘‘Review of Emergency Systems,’’ June and 265 pursuant to RCRA; or by agen-
1988; U.S. Environmental Protection Agency cies under agreement with U.S.E.P.A.
(EPA), Office of Solid Waste and Emergency to implement RCRA regulations; and
Response, Washington, DC 20460. (v) Emergency response operations
15. ‘‘Technical Guidance for Hazards Anal-
ysis, Emergency Planning for Extremely for releases of, or substantial threats of
Hazardous Substances,’’ December 1987; U.S. releases of, hazardous substances with-
Environmental Protection Agency (EPA), out regard to the location of the haz-
Federal Emergency Management Adminis- ard.
tration (FEMA) and U.S. Department of (2) Application. (i) All requirements of
Transportation (DOT), Washington, DC 20460. part 1910 and part 1926 of title 29 of the
16. ‘‘Accident Investigation * * * A New
Approach,’’ 1983, National Safety Council; 444
Code of Federal Regulations apply pur-
North Michigan Avenue, Chicago, IL 60611– suant to their terms to hazardous
3991. waste and emergency response oper-
17. ‘‘Fire & Explosion Index Hazard Classi- ations whether covered by this section
fication Guide,’’ 6th Edition, May 1987, Dow or not. If there is a conflict or overlap,
Chemical Company; Midland, Michigan 48674. the provision more protective of em-
18. ‘‘Chemical Exposure Index,’’ May 1988, ployee safety and health shall apply
Dow Chemical Company; Midland, Michigan
without regard to 29 CFR 1910.5(c)(1).
48674.
(ii) Hazardous substance clean-up op-
[57 FR 6403, Feb. 24, 1992; 57 FR 7847, Mar. 4, erations within the scope of paragraphs
1992, as amended at 61 FR 9238, Mar. 7, 1996;
(a)(1)(i) through (a)(1)(iii) of this sec-
67 FR 67964, Nov. 7, 2002]
tion must comply with all paragraphs
§ 1910.120 Hazardous waste operations of this section except paragraphs (p)
and emergency response. and (q).
(a) Scope, application, and definitions— (iii) Operations within the scope of
(1) Scope. This section covers the fol- paragraph (a)(1)(iv) of this section
lowing operations, unless the employer must comply only with the require-
can demonstrate that the operation ments of paragraph (p) of this section.
does not involve employee exposure or Notes and Exceptions: (A) All provisions of
the reasonable possibility for employee paragraph (p) of this section cover any treat-
exposure to safety or health hazards: ment, storage or disposal (TSD) operation
(i) Clean-up operations required by a regulated by 40 CFR parts 264 and 265 or by
governmental body, whether Federal, state law authorized under RCRA, and re-
state, local or other involving haz- quired to have a permit or interim status
from EPA pursuant to 40 CFR 270.1 or from
ardous substances that are conducted
a state agency pursuant to RCRA.
at uncontrolled hazardous waste sites (B) Employers who are not required to
(including, but not limited to, the have a permit or interim status because they
EPA’s National Priority Site List are conditionally exempt small quantity
(NPL), state priority site lists, sites generators under 40 CFR 261.5 or are genera-
recommended for the EPA NPL, and tors who qualify under 40 CFR 262.34 for ex-
initial investigations of government emptions from regulation under 40 CFR parts
identified sites which are conducted be- 264, 265 and 270 (‘‘excepted employers’’) are
fore the presence or absence of haz- not covered by paragraphs (p)(1) through
(p)(7) of this section. Excepted employers
ardous substances has been who are required by the EPA or state agency
ascertained); to have their employees engage in emer-
(ii) Corrective actions involving gency response or who direct their employ-
clean-up operations at sites covered by ees to engage in emergency response are cov-
the Resource Conservation and Recov- ered by paragraph (p)(8) of this section, and
368
cannot be exempted by (p)(8)(i) of this sec- time of release by employees in the im-
tion. Excepted employers who are not re- mediate release area, or by mainte-
quired to have employees engage in emer- nance personnel are not considered to
gency response, who direct their employees
to evacuate in the case of such emergencies
be emergency responses within the
and who meet the requirements of paragraph scope of this standard. Responses to re-
(p)(8)(i) of this section are exempt from the leases of hazardous substances where
balance of paragraph (p)(8) of this section. there is no potential safety or health
(C) If an area is used primarily for treat- hazard (i.e., fire, explosion, or chemical
ment, storage or disposal, any emergency re- exposure) are not considered to be
sponse operations in that area shall comply emergency responses.
with paragraph (p)(8) of this section. In other
Facility means (A) any building,
areas not used primarily for treatment, stor-
age, or disposal, any emergency response op- structure, installation, equipment, pipe
erations shall comply with paragraph (q) of or pipeline (including any pipe into a
this section. Compliance with the require- sewer or publicly owned treatment
ments of paragraph (q) of this section shall works), well, pit, pond, lagoon, im-
be deemed to be in compliance with the re- poundment, ditch, storage container,
quirements of paragraph (p)(8) of this sec- motor vehicle, rolling stock, or air-
tion. craft, or (B) any site or area where a
(iv) Emergency response operations hazardous substance has been depos-
for releases of, or substantial threats of ited, stored, disposed of, or placed, or
releases of, hazardous substances which otherwise come to be located; but does
are not covered by paragraphs (a)(1)(i) not include any consumer product in
through (a)(1)(iv) of this section must consumer use or any water-borne ves-
only comply with the requirements of sel.
paragraph (q) of this section. Hazardous materials response
(3) Definitions—Buddy system means a (HAZMAT) team means an organized
system of organizing employees into group of employees, designated by the
work groups in such a manner that employer, who are expected to perform
each employee of the work group is work to handle and control actual or
designated to be observed by at least potential leaks or spills of hazardous
one other employee in the work group. substances requiring possible close ap-
The purpose of the buddy system is to proach to the substance. The team
provide rapid assistance to employees members perform responses to releases
in the event of an emergency. or potential releases of hazardous sub-
Clean-up operation means an oper- stances for the purpose of control or
ation where hazardous substances are stabilization of the incident. A
removed, contained, incinerated, neu- HAZMAT team is not a fire brigade nor
tralized, stabilized, cleared-up, or in is a typical fire brigade a HAZMAT
any other manner processed or handled team. A HAZMAT team, however, may
with the ultimate goal of making the be a separate component of a fire bri-
site safer for people or the environ- gade or fire department.
ment. Hazardous substance means any sub-
Decontamination means the removal stance designated or listed under para-
of hazardous substances from employ- graphs (A) through (D) of this defini-
ees and their equipment to the extent tion, exposure to which results or may
necessary to preclude the occurrence of result in adverse affects on the health
foreseeable adverse health affects. or safety of employees:
Emergency response or responding to (A) Any substance defined under sec-
emergencies means a response effort by tion 101(14) of CERCLA;
employees from outside the immediate (B) Any biological agent and other
release area or by other designated re- disease-causing agent which after re-
sponders (i.e., mutual-aid groups, local lease into the environment and upon
fire departments, etc.) to an occurrence exposure, ingestion, inhalation, or as-
which results, or is likely to result, in similation into any person, either di-
an uncontrolled release of a hazardous rectly from the environment or indi-
substance. Responses to incidental re- rectly by ingestion through food
leases of hazardous substances where chains, will or may reasonably be an-
the substance can be absorbed, neutral- ticipated to cause death, disease, be-
ized, or otherwise controlled at the havioral abnormalities, cancer, genetic
369
mutation, physiological malfunctions Permissible exposure limit means the

(including malfunctions in reproduc- exposure, inhalation or dermal permis-
tion) or physical deformations in such sible exposure limit specified in 29 CFR
persons or their offspring; part 1910, subparts G and Z.
(C) Any substance listed by the U.S. Published exposure level means the ex-
Department of Transportation as haz- posure limits published in ‘‘NIOSH
ardous materials under 49 CFR 172.101 Recommendations for Occupational
and appendices; and Health Standards’’ dated 1986, which is
(D) Hazardous waste as herein de- incorporated by reference as specified
fined. in § 1910.6 or if none is specified, the ex-
Hazardous waste means— posure limits published in the stand-
(A) A waste or combination of wastes ards specified by the American Con-
ference of Governmental Industrial Hy-
as defined in 40 CFR 261.3, or
gienists in their publication ‘‘Thresh-
(B) Those substances defined as haz-
old Limit Values and Biological Expo-
ardous wastes in 49 CFR 171.8.
sure Indices for 1987–88’’ dated 1987,
Hazardous waste operation means any which is incorporated by reference as
operation conducted within the scope specified in § 1910.6.
of this standard. Post emergency response means that
Hazardous waste site or Site means portion of an emergency response per-
any facility or location within the formed after the immediate threat of a
scope of this standard at which haz- release has been stabilized or elimi-
ardous waste operations take place. nated and clean-up of the site has
Health hazard means a chemical, mix- begun. If post emergency response is
ture of chemicals or a pathogen for performed by an employer’s own em-
which there is statistically significant ployees who were part of the initial
evidence based on at least one study emergency response, it is considered to
conducted in accordance with estab- be part of the initial response and not
lished scientific principles that acute post emergency response. However, if a
or chronic health effects may occur in group of an employer’s own employees,
exposed employees. The term ‘‘health separate from the group providing ini-
hazard’’ includes chemicals which are tial response, performs the clean-up op-
carcinogens, toxic or highly toxic eration, then the separate group of em-
agents, reproductive toxins, irritants, ployees would be considered to be per-
corrosives, sensitizers, heptaotoxins, forming post-emergency response and
nephrotoxins, neurotoxins, agents subject to paragraph (q)(11) of this sec-
which act on the hematopoietic sys- tion.
tem, and agents which damage the Qualified person means a person with
lungs, skin, eyes, or mucous mem- specific training, knowledge and expe-
branes. It also includes stress due to rience in the area for which the person
temperature extremes. Further defini- has the responsibility and the author-
tion of the terms used above can be ity to control.
found in appendix A to 29 CFR 1910.1200. Site safety and health supervisor (or of-
IDLH orImmediately dangerous to life ficial) means the individual located on
or health means an atmospheric con- a hazardous waste site who is respon-
centration of any toxic, corrosive or sible to the employer and has the au-
asphyxiant substance that poses an im- thority and knowledge necessary to
mediate threat to life or would cause implement the site safety and health
irreversible or delayed adverse health plan and verify compliance with appli-
effects or would interfere with an indi- cable safety and health requirements.
vidual’s ability to escape from a dan- Small quantity qenerator means a gen-
gerous atmosphere. erator of hazardous wastes who in any
Oxygen deficiency means that con- calendar month generates no more
centration of oxygen by volume below than 1,000 kilograms (2,205 pounds) of
which atmosphere supplying res- hazardous waste in that month.
piratory protection must be provided. Uncontrolled hazardous waste site,
It exists in atmospheres where the per- means an area identified as an uncon-
centage of oxygen by volume is less trolled hazardous waste site by a gov-
than 19.5 percent oxygen. ernmental body, whether Federal,
370
state, local or other where an accumu- to prevent accidental collapse in ac-

lation of hazardous substances creates cordance with subpart P of 29 CFR part
a threat to the health and safety of in- 1926.
dividuals or the environment or both. (iv) Contractors and sub-contractors.
Some sites are found on public lands An employer who retains contractor or
such as those created by former munic- sub-contractor services for work in
ipal, county or state landfills where il- hazardous waste operations shall in-
legal or poorly managed waste disposal form those contractors, sub-contrac-
has taken place. Other sites are found tors, or their representatives of the
on private property, often belonging to site emergency response procedures
generators or former generators of haz- and any potential fire, explosion,
ardous substance wastes. Examples of health, safety or other hazards of the
such sites include, but are not limited
hazardous waste operation that have
to, surface impoundments, landfills,
been identified by the employer, in-
dumps, and tank or drum farms. Nor-
cluding those identified in the employ-
mal operations at TSD sites are not
covered by this definition. er’s information program.
(b) Safety and health program. (v) Program availability. The written
safety and health program shall be
NOTE TO (b): Safety and health programs made available to any contractor or
developed and implemented to meet other
subcontractor or their representative
Federal, state, or local regulations are con-
sidered acceptable in meeting this require- who will be involved with the haz-
ment if they cover or are modified to cover ardous waste operation; to employees;
the topics required in this paragraph. An ad- to employee designated representa-
ditional or separate safety and health pro- tives; to OSHA personnel, and to per-
gram is not required by this paragraph. sonnel of other Federal, state, or local
(1) General. (i) Employers shall de- agencies with regulatory authority
velop and implement a written safety over the site.
and health program for their employ- (2) Organizational structure part of the
ees involved in hazardous waste oper- site program—(i) The organizationa1
ations. The program shall be designed structure part of the program shall es-
to identify, evaluate, and control safe- tablish the specific chain of command
ty and health hazards, and provide for and specify the overall responsibilities
emergency response for hazardous of supervisors and employees. It shall
waste operations. include, at a minimum, the following
(ii) The written safety and health elements:
program shall incorporate the fol- (A) A general supervisor who has the
lowing: responsibility and authority to direct
(A) An organizational structure; all hazardous waste operations.
(B) A comprehensive workplan; (B) A site safety and health super-
(C) A site-specific safety and health visor who has the responsibility and
plan which need not repeat the employ- authority to develop and implement
er’s standard operating procedures re- the site safety and health plan and
quired in paragraph (b)(1)(ii)(F) of this verify compliance.
section;
(C) All other personnel needed for
(D) The safety and health training
hazardous waste site operations and
program;
emergency response and their general
(E) The medical surveillance pro-
gram; functions and responsibilities.
(F) The employer’s standard oper- (D) The lines of authority, responsi-
ating procedures for safety and health; bility, and communication.
and (ii) The organizational structure
(G) Any necessary interface between shall be reviewed and updated as nec-
general program and site specific ac- essary to reflect the current status of
tivities. waste site operations.
(iii) Site excavation. Site excavations (3) Comprehensive workplan part of the
created during initial site preparation site program. The comprehensive
or during hazardous waste operations workplan part of the program shall ad-
shall be shored or sloped as appropriate dress the tasks and objectives of the
371
site operations and the logistics and re- tion of monitoring and sampling equip-
sources required to reach those tasks ment to be used.
and objectives. (F) Site control measures in accord-
(i) The comprehensive workplan shall ance with the site control program re-
address anticipated clean-up activities quired in paragraph (d) of this section.
as well as normal operating procedures (G) Decontamination procedures in
which need not repeat the employer’s accordance with paragraph (k) of this
procedures available elsewhere. section.
(ii) The comprehensive workplan (H) An emergency response plan
shall define work tasks and objectives meeting the requirements of paragraph
and identify the methods for accom- (l) of this section for safe and effective
plishing those tasks and objectives. responses to emergencies, including
(iii) The comprehensive workplan the necessary PPE and other equip-
shall establish personnel requirements ment.
for implementing the plan. (I) Confined space entry procedures.
(iv) The comprehensive workplan (J) A spill containment program
shall provide for the implementation of meeting the requirements of paragraph
the training required in paragraph (e) (j) of this section.
of this section. (iii) Pre-entry briefing. The site spe-
(v) The comprehensive workplan cific safety and health plan shall pro-
shall provide for the implementation of vide for pre-entry briefings to be held
the required informational programs prior to initiating any site activity,
required in paragraph (i) of this sec- and at such other times as necessary to
tion. ensure that employees are apprised of
(vi) The comprehensive workplan the site safety and health plan and
shall provide for the implementation of that this plan is being followed. The in-
the medical surveillance program deformation and data obtained from site
scribed in paragraph (f) of this section. characterization and analysis work re-
(4) Site-specific safety and health plan quired in paragraph (c) of this section
part of the program—(i) General. The site shall be used to prepare and update the
safety and health plan, which must be site safety and health plan.
kept on site, shall address the safety (iv) Effectiveness of site safety and
and health hazards of each phase of site health plan. Inspections shall be con-
operation and include the requirements ducted by the site safety and health su-
and procedures for employee protec- pervisor or, in the absence of that indi-
tion. vidual, another individual who is
(ii) Elements. The site safety and knowledgeable in occupational safety
health plan, as a minimum, shall ad- and health, acting on behalf of the em-
dress the following: ployer as necessary to determine the
(A) A safety and health risk or haz- effectiveness of the site safety and
ard analysis for each site task and op- health plan. Any deficiencies in the ef-
eration found in the workplan. fectiveness of the site safety and
(B) Employee training assignments health plan shall be corrected by the
to assure compliance with paragraph employer.
(e) of this section. (c) Site characterization and analysis—
(C) Personal protective equipment to (1) General. Hazardous waste sites shall
be used by employees for each of the be evaluated in accordance with this
site tasks and operations being con- paragraph to identify specific site haz-
ducted as required by the personal pro- ards and to determine the appropriate
tective equipment program in para- safety and health control procedures
graph (g)(5) of this section. needed to protect employees from the
(D) Medical surveillance require- identified hazards.
ments in accordance with the program (2) Preliminary evaluation. A prelimi-
in paragraph (f) of this section. nary evaluation of a site’s characteris-
(E) Frequency and types of air moni- tics shall be performed prior to site
toring, personnel monitoring, and envi- entry by a qualified person in order to
ronmental sampling techniques and in- aid in the selection of appropriate em-
strumentation to be used, including ployee protection methods prior to site
methods of maintenance and calibra- entry. Immediately after initial site
372
entry, a more detailed evaluation of permissible exposure limits and pub-

the site’s specific characteristics shall lished exposure levels for known or sus-
be performed by a qualified person in pected hazardous substances and
order to further identify existing site health hazards, and which will provide
hazards and to further aid in the selec- protection against other known and
tion of the appropriate engineering suspected hazards identified during the
controls and personal protective equip- preliminary site evaluation. If there is
ment for the tasks to be performed. no permissible exposure limit or pub-
(3) Hazard identification. All suspected lished exposure level, the employer
conditions that may pose inhalation or may use other published studies and in-
skin absorption hazards that are imme- formation as a guide to appropriate
diately dangerous to life or health personal protective equipment.
(IDLH), or other conditions that may
(ii) If positive-pressure self-contained
cause death or serious harm, shall be
breathing apparatus is not used as part
identified during the preliminary sur-
of the entry ensemble, and if res-
vey and evaluated during the detailed
survey. Examples of such hazards in- piratory protection is warranted by the
clude, but are not limited to, confined potential hazards identified during the
space entry, potentially explosive or preliminary site evaluation, an escape
flammable situations, visible vapor self-contained breathing apparatus of
clouds, or areas where biological indi- at least five minute’s duration shall be
cators such as dead animals or vegeta- carried by employees during initial site
tion are located. entry.
(4) Required information. The fol- (iii) If the preliminary site evalua-
lowing information to the extent avail- tion does not produce sufficient infor-
able shall be obtained by the employer mation to identify the hazards or sus-
prior to allowing employees to enter a pected hazards of the site, an ensemble
site: providing protection equivalent to
(i) Location and approximate size of Level B PPE shall be provided as min-
the site. imum protection, and direct reading
(ii) Description of the response activ- instruments shall be used as appro-
ity and/or the job task to be performed. priate for identifying IDLH conditions.
(iii) Duration of the planned em- (See appendix B for a description of
ployee activity. Level B hazards and the recommenda-
(iv) Site topography and accessibility tions for Level B protective equip-
by air and roads. ment.)
(v) Safety and health hazards ex- (iv) Once the hazards of the site have
pected at the site. been identified, the appropriate PPE
(vi) Pathways for hazardous sub- shall be selected and used in accord-
stance dispersion. ance with paragraph (g) of this section.
(vii) Present status and capabilities
(6) Monitoring. The following moni-
of emergency response teams that
toring shall be conducted during initial
would provide assistance to hazardous
site entry when the site evaluation
waste clean-up site employees at the
time of an emergency. produces information that shows the
(viii) Hazardous substances and potential for ionizing radiation or
health hazards involved or expected at IDLH conditions, or when the site in-
the site, and their chemical and phys- formation is not sufficient reasonably
ical properties. to eliminate these possible conditions:
(5) Personal protective equipment. Per- (i) Monitoring with direct reading in-
sonal protective equipment (PPE) shall struments for hazardous levels of ion-
be provided and used during initial site izing radiation.
entry in accordance with the following (ii) Monitoring the air with appro-
requirements: priate direct reading test equipment
(i) Based upon the results of the pre- (i.e., combustible gas meters, detector
liminary site evaluation, an ensemble tubes) for IDLH and other conditions
of PPE shall be selected and used dur- that may cause death or serious harm
ing initial site entry which will provide (combustible or explosive atmospheres,
protection to a level of exposure below oxygen deficiency, toxic substances).
373
(iii) Visually observing for signs of (3) Elements of the site control program.
actual or potential IDLH or other dan- The site control program shall, as a
gerous conditions. minimum, include: A site map; site
(iv) An ongoing air monitoring pro- work zones; the use of a ‘‘buddy sys-
gram in accordance with paragraph (h) tem’’; site communications including
of this section shall be implemented alerting means for emergencies; the
after site characterization has deter- standard operating procedures or safe
mined the site is safe for the start-up work practices; and, identification of
of operations. the nearest medical assistance. Where
(7) Risk identification. Once the pres- these requirements are covered else-
ence and concentrations of specific where they need not be repeated.
hazardous substances and health haz- (e) Training—(1) General. (i) All em-
ards have been established, the risks ployees working on site (such as but
associated with these substances shall not limited to equipment operators,
be identified. Employees who will be general laborers and others) exposed to
working on the site shall be informed hazardous substances, health hazards,
of any risks that have been identified. or safety hazards and their supervisors
In situations covered by the Hazard and management responsible for the
Communication Standard, 29 CFR site shall receive training meeting the
1910.1200, training required by that requirements of this paragraph before
standard need not be duplicated. they are permitted to engage in haz-
ardous waste operations that could ex-
NOTE TO PARAGRAPH (c)(7). Risks to con-
sider include, but are not limited to:
pose them to hazardous substances,
(a) Exposures exceeding the permissible ex- safety, or health hazards, and they
posure limits and published exposure levels. shall receive review training as speci-
(b) IDLH concentrations. fied in this paragraph.
(c) Potential skin absorption and irritation (ii) Employees shall not be permitted
sources. to participate in or supervise field ac-
(d) Potential eye irritation sources. tivities until they have been trained to
(e) Explosion sensitivity and flammability a level required by their job function
ranges. and responsibility.
(f) Oxygen deficiency.
(2) Elements to be covered. The train-
(8) Employee notification. Any infor- ing shall thoroughly cover the fol-
mation concerning the chemical, phys- lowing:
ical, and toxicologic properties of each (i) Names of personnel and alternates
substance known or expected to be responsible for site safety and health;
present on site that is available to the (ii) Safety, health and other hazards
employer and relevant to the duties an present on the site;
employee is expected to perform shall (iii) Use of personal protective equip-
be made available to the affected em- ment;
ployees prior to the commencement of (iv) Work practices by which the em-
their work activities. The employer ployee can minimize risks from haz-
may utilize information developed for ards;
the hazard communication standard for (v) Safe use of engineering controls
this purpose. and equipment on the site;
(d) Site control—(1) General. Appro- (vi) Medical surveillance require-
priate site control procedures shall be ments, including recognition of symp-
implemented to control employee expo- toms and signs which might indicate
sure to hazardous substances before overexposure to hazards; and
clean-up work begins. (vii) The contents of paragraphs (G)
(2) Site control program. A site control through (J) of the site safety and
program for protecting employees health plan set forth in paragraph
which is part of the employer’s site (b)(4)(ii) of this section.
safety and health program required in (3) Initial training. (i) General site
paragraph (b) of this section shall be workers (such as equipment operators,
developed during the planning stages of general laborers and supervisory per-
a hazardous waste clean-up operation sonnel) engaged in hazardous substance
and modified as necessary as new infor- removal or other activities which ex-
mation becomes available. pose or potentially expose workers to
374
hazardous substances and health haz- tainment program, and health hazard
ards shall receive a minimum of 40 monitoring procedure and techniques.
hours of instruction off the site, and a (5) Qualifications for trainers. Trainers
minimum of three days actual field ex- shall be qualified to instruct employees
perience under the direct supervision of about the subject matter that is being
a trained, experienced supervisor. presented in training. Such trainers
(ii) Workers on site only occasionally shall have satisfactorily completed a
for a specific limited task (such as, but training program for teaching the sub-
not limited to, ground water moni- jects they are expected to teach, or
toring, land surveying, or geo-physical they shall have the academic creden-
surveying) and who are unlikely to be tials and instructional experience nec-
exposed over permissible exposure lim- essary for teaching the subjects. In-
its and published exposure limits shall structors shall demonstrate competent
receive a minimum of 24 hours of in- instructional skills and knowledge of
struction off the site, and the min- the applicable subject matter.
imum of one day actual field experi- (6) Training certification. Employees
ence under the direct supervision of a and supervisors that have received and
trained, experienced supervisor. successfully completed the training
(iii) Workers regularly on site who and field experience specified in para-
work in areas which have been mon- graphs (e)(1) through (e)(4) of this sec-
tion shall be certified by their instruc-
itored and fully characterized indi-
tor or the head instructor and trained
cating that exposures are under per-
supervisor as having successfully com-
missible exposure limits and published
pleted the necessary training. A writ-
exposure limits where respirators are
ten certificate shall be given to each
not necessary, and the characterization
person so certified. Any person who has
indicates that there are no health haz-
not been so certified or who does not
ards or the possibility of an emergency
meet the requirements of paragraph
developing, shall receive a minimum of
(e)(9) of this section shall be prohibited
24 hours of instruction off the site and
from engaging in hazardous waste oper-
the minimum of one day actual field
ations.
experience under the direct supervision
(7) Emergency response. Employees
of a trained, experienced supervisor. who are engaged in responding to haz-
(iv) Workers with 24 hours of training ardous emergency situations at haz-
who are covered by paragraphs (e)(3)(ii) ardous waste clean-up sites that may
and (e)(3)(iii) of this section, and who expose them to hazardous substances
become general site workers or who are shall be trained in how to respond to
required to wear respirators, shall have such expected emergencies.
the additional 16 hours and two days of (8) Refresher training. Employees spec-
training necessary to total the training ified in paragraph (e)(1) of this section,
specified in paragraph (e)(3)(i). and managers and supervisors specified
(4) Management and supervisor train- in paragraph (e)(4) of this section, shall
ing. On-site management and super- receive eight hours of refresher train-
visors directly responsible for, or who ing annually on the items specified in
supervise employees engaged in, haz- paragraph (e)(2) and/or (e)(4) of this
ardous waste operations shall receive section, any critique of incidents that
40 hours initial training, and three have occurred in the past year that can
days of supervised field experience (the serve as training examples of related
training may be reduced to 24 hours work, and other relevant topics.
and one day if the only area of their re- (9) Equivalent training. Employers
sponsibility is employees covered by who can show by documentation or cer-
paragraphs (e)(3)(ii) and (e)(3)(iii)) and tification that an employee’s work ex-
at least eight additional hours of spe- perience and/or training has resulted in
cialized training at the time of job as- training equivalent to that training re-
signment on such topics as, but not quired in paragraphs (e)(1) through
limited to, the employer’s safety and (e)(4) of this section shall not be re-
health program and the associated em- quired to provide the initial training
ployee training program, personal pro- requirements of those paragraphs to
tective equipment program, spill con- such employees and shall provide a
375
copy of the certification or documenta- (C) At termination of employment or

tion to the employee upon request. reassignment to an area where the em-
However, certified employees or employee would not be covered if the em-
ployees with equivalent training new ployee has not had an examination
to a site shall receive appropriate, site within the last six months;
specific training before site entry and (D) As soon as possible upon notifica-
have appropriate supervised field expe- tion by an employee that the employee
rience at the new site. Equivalent has developed signs or symptoms indi-
training includes any academic train- cating possible overexposure to haz-
ing or the training that existing em- ardous substances or health hazards, or
ployees might have already received that the employee has been injured or
from actual hazardous waste site work exposed above the permissible exposure
experience. limits or published exposure levels in
(f) Medical surveillance—(1) General. an emergency situation;
Employers engaged in operations speci- (E) At more frequent times, if the ex-
fied in paragraphs (a)(1)(i) through amining physician determines that an
(a)(1)(iv) of this section and not cov- increased frequency of examination is
ered by (a)(2)(iii) exceptions and em- medically necessary.
ployers of employees specified in para- (ii) For employees covered under
graph (q)(9) shall institute a medical paragraph (f)(2)(iii) and for all employ-
surveillance program in accordance ees including those of employers cov-
with this paragraph. ered by paragraph (a)(1)(v) who may
(2) Employees covered. The medical have been injured, received a health
surveillance program shall be insti- impairment, developed signs or symp-
tuted by the employer for the following toms which may have resulted from ex-
employees: posure to hazardous substances result-
(i) All employees who are or may be ing from an emergency incident, or ex-
exposed to hazardous substances or posed during an emergency incident to
health hazards at or above the permis- hazardous substances at concentra-
sible exposure limits or, if there is no tions above the permissible exposure
permissible exposure limit, above the limits or the published exposure levels
published exposure levels for these sub- without the necessary personal protec-
stances, without regard to the use of tive equipment being used:
respirators, for 30 days or more a year; (A) As soon as possible following the
(ii) All employees who wear a res- emergency incident or development of
pirator for 30 days or more a year or as signs or symptoms;
required by § 1910.134; (B) At additional times, if the exam-
(iii) All employees who are injured, ining physician determines that follow-
become ill or develop signs or symp- up examinations or consultations are
toms due to possible overexposure in- medically necessary.
volving hazardous substances or health (4) Content of medical examinations and
hazards from an emergency response or consultations. (i) Medical examinations
hazardous waste operation; and required by paragraph (f)(3) of this sec-
(iv) Members of HAZMAT teams. tion shall include a medical and work
(3) Frequency of medical examinations history (or updated history if one is in
and consultations. Medical examina- the employee’s file) with special em-
tions and consultations shall be made phasis on symptoms related to the han-
available by the employer to each em- dling of hazardous substances and
ployee covered under paragraph (f)(2) of health hazards, and to fitness for duty
this section on the following schedules: including the ability to wear any re-
(i) For employees covered under quired PPE under conditions (i.e., tem-
paragraphs (f)(2)(i), (f)(2)(ii), and perature extremes) that may be ex-
(f)(2)(iv): pected at the work site.
(A) Prior to assignment; (ii) The content of medical examina-
(B) At least once every twelve tions or consultations made available
months for each employee covered un- to employees pursuant to paragraph (f)
less the attending physician believes a shall be determined by the attending
longer interval (not greater than bien- physician. The guidelines in the Occu-
nially) is appropriate; pational Safety and Health Guidance
376
Manual for Hazardous Waste Site Activi- findings or diagnoses unrelated to oc-
ties (See appendix D, Reference #10) cupational exposures.
should be consulted. (8) Recordkeeping. (i) An accurate
(5) Examination by a physician and record of the medical surveillance re-
costs. All medical examinations and quired by paragraph (f) of this section
procedures shall be performed by or shall be retained. This record shall be
under the supervision of a licensed phy- retained for the period specified and
sician, preferably one knowledgeable in meet the criteria of 29 CFR 1910.1020.
occupational medicine, and shall be (ii) The record required in paragraph
provided without cost to the employee, (f)(8)(i) of this section shall include at
without loss of pay, and at a reason- least the following information:
able time and place. (A) The name and social security
(6) Information provided to the physi- number of the employee;
cian. The employer shall provide one (B) Physician’s written opinions, rec-
copy of this standard and its appen- ommended limitations, and results of
dices to the attending physician, and in examinations and tests;
addition the following for each em- (C) Any employee medical com-
ployee: plaints related to exposure to haz-
(i) A description of the employee’s ardous substances;
duties as they relate to the employee’s (D) A copy of the information pro-
exposures.
vided to the examining physician by
(ii) The employee’s exposure levels or the employer, with the exception of the
anticipated exposure levels. standard and its appendices.
(iii) A description of any personal (g) Engineering controls, work prac-
protective equipment used or to be tices, and personal protective equipment
used. for employee protection. Engineering
(iv) Information from previous med- controls, work practices, personal pro-
ical examinations of the employee tective equipment, or a combination of
which is not readily available to the these shall be implemented in accord-
examining physician. ance with this paragraph to protect
(v) Information required by § 1910.134. employees from exposure to hazardous
(7) Physician’s written opinion. (i) The substances and safety and health haz-
employer shall obtain and furnish the ards.
employee with a copy of a written (1) Engineering controls, work practices
opinion from the attending physician and PPE for substances regulated in sub-
containing the following: parts G and Z. (i) Engineering controls
(A) The physician’s opinion as to and work practices shall be instituted
whether the employee has any detected to reduce and maintain employee expo-
medical conditions which would place sure to or below the permissible expo-
the employee at increased risk of ma- sure limits for substances regulated by
terial impairment of the employee’s 29 CFR part 1910, to the extent required
health from work in hazardous waste by subpart Z, except to the extent that
operations or emergency response, or such controls and practices are not fea-
from respirator use. sible.
(B) The physician’s recommended
limitations upon the employee’s as- NOTE TO PARAGRAPH (g)(1)(i): Engineering
controls which may be feasible include the
signed work.
use of pressurized cabs or control booths on
(C) The results of the medical exam- equipment, and/or the use of remotely oper-
ination and tests if requested by the ated material handling equipment. Work
employee. practices which may be feasible are remov-
(D) A statement that the employee ing all non-essential employees from poten-
has been informed by the physician of tial exposure during opening of drums, wet-
the results of the medical examination ting down dusty operations and locating em-
ployees upwind of possible hazards.
and any medical conditions which re-
quire further examination or treat- (ii) Whenever engineering controls
ment. and work practices are not feasible or
(ii) The written opinion obtained by not required, any reasonable combina-
the employer shall not reveal specific tion of engineering controls, work
377
practices and PPE shall be used to re- (iv) Totally-encapsulating chemical

duce and maintain employee exposures protective suits (protection equivalent
to or below the permissible exposure to Level A protection as recommended
limits or dose limits for substances in appendix B) shall be used in condi-
regulated by 29 CFR part 1910, subpart tions where skin absorption of a haz-
Z. ardous substance may result in a sub-
(iii) The employer shall not imple- stantial possibility of immediate
ment a schedule of employee rotation death, immediate serious illness or in-
as a means of compliance with permis- jury, or impair the ability to escape.
sible exposure limits or dose limits ex- (v) The level of protection provided
cept when there is no other feasible by PPE selection shall be increased
way of complying with the airborne or when additional information on site
dermal dose limits for ionizing radi- conditions indicates that increased
ation. protection is necessary to reduce em-
(iv) The provisions of 29 CFR, subpart ployee exposures below permissible ex-
G, shall be followed. posure limits and published exposure
(2) Engineering controls, work practices, levels for hazardous substances and
and PPE for substances not regulated in health hazards. (See appendix B for
subparts G and Z. An appropriate com- guidance on selecting PPE ensembles.)
bination of engineering controls, work
NOTE TO PARAGRAPH (g)(3): The level of em-
practices and personal protective
ployee protection provided may be decreased
equipment shall be used to reduce and when additional information or site condi-
maintain employee exposure to or tions show that decreased protection will not
below published exposure levels for result in hazardous exposures to employees.
hazardous substances and health haz-
ards not regulated by 29 CFR part 1910, (vi) Personal protective equipment
subparts G and Z. The employer may shall be selected and used to meet the
use the published literature and MSDS requirements of 29 CFR part 1910, sub-
as a guide in making the employer’s part I, and additional requirements
determination as to what level of pro- specified in this section.
tection the employer believes is appro- (4) Totally-encapsulating chemical pro-
priate for hazardous substances and tective suits. (i) Totally-encapsulating
health hazards for which there is no suits shall protect employees from the
permissible exposure limit or published particular hazards which are identified
exposure limit. during site characterization and anal-
(3) Personal protective equipment selec- ysis.
tion. (i) Personal protective equipment (ii) Totally-encapsulating suits shall
(PPE) shall be selected and used which be capable of maintaining positive air
will protect employees from the haz- pressure. (See appendix A for a test
ards and potential hazards they are method which may be used to evaluate
likely to encounter as identified during this requirement.)
the site characterization and analysis. (iii) Totally-encapsulating suits shall
(ii) Personal protective equipment be capable of preventing inward test
selection shall be based on an evalua- gas leakage of more than 0.5 percent.
tion of the performance characteristics (See appendix A for a test method
of the PPE relative to the require- which may be used to evaluate this re-
ments and limitations of the site, the quirement.)
task-specific conditions and duration, (5) Personal protective equipment (PPE)
and the hazards and potential hazards program. A written personal protective
identified at the site. equipment program, which is part of
(iii) Positive pressure self-contained the employer’s safety and health pro-
breathing apparatus, or positive pres- gram required in paragraph (b) of this
sure air-line respirators equipped with section or required in paragraph (p)(1)
an escape air supply, shall be used of this section and which is also a part
when chemical exposure levels present of the site-specific safety and health
will create a substantial possibility of plan shall be established. The PPE pro-
immediate death, immediate serious gram shall address the elements listed
illness or injury, or impair the ability below. When elements, such as donning
to escape. and doffing procedures, are provided by
378
the manufacturer of a piece of equip- sure limits or published exposure levels

ment and are attached to the plan, since prior monitoring. Situations
they need not be rewritten into the where it shall be considered whether
plan as long as they adequately address the possibility that exposures have
the procedure or element. risen are as follows:
(i) PPE selection based upon site haz- (i) When work begins on a different
ards, portion of the site.
(ii) PPE use and limitations of the (ii) When contaminants other than
equipment, those previously identified are being
(iii) Work mission duration, handled.
(iv) PPE maintenance and storage, (iii) When a different type of oper-
(v) PPE decontamination and dis- ation is initiated (e.g., drum opening as
posal, opposed to exploratory well drilling).
(vi) PPE training and proper fitting, (iv) When employees are handling
(vii) PPE donning and doffing proce- leaking drums or containers or work-
dures, ing in areas with obvious liquid con-
(viii) PPE inspection procedures tamination (e.g., a spill or lagoon).
prior to, during, and after use, (4) Monitoring of high-risk employees.
(ix) Evaluation of the effectiveness of After the actual clean-up phase of any
the PPE program, and hazardous waste operation commences;
(x) Limitations during temperature for example, when soil, surface water
extremes, heat stress, and other appro- or containers are moved or disturbed;
priate medical considerations. the employer shall monitor those em-
(h) Monitoring—(1) General. (i) Moni- ployees likely to have the highest ex-
toring shall be performed in accord- posures to hazardous substances and
ance with this paragraph where there health hazards likely to be present
may be a question of employee expo- above permissible exposure limits or
sure to hazardous concentrations of published exposure levels by using per-
hazardous substances in order to assure sonal sampling frequently enough to
proper selection of engineering con- characterize employee exposures. If the
trols, work practices and personal pro- employees likely to have the highest
tective equipment so that employees exposure are over permissible exposure
are not exposed to levels which exceed limits or published exposure limits,
permissible exposure limits, or pub- then monitoring shall continue to de-
lished exposure levels if there are no termine all employees likely to be
permissible exposure limits, for haz- above those limits. The employer may
ardous substances. utilize a representative sampling ap-
(ii) Air monitoring shall be used to proach by documenting that the em-
identify and quantify airborne levels of ployees and chemicals chosen for moni-
hazardous substances and safety and toring are based on the criteria stated
health hazards in order to determine above.
the appropriate level of employee pro-
tection needed on site. NOTE TO PARAGRAPH (h): It is not required
(2) Initial entry. Upon initial entry, to monitor employees engaged in site char-
representative air monitoring shall be acterization operations covered by paragraph
(c) of this section.
conducted to identify any IDLH condi-
tion, exposure over permissible expo- (i) Informational programs. Employers
sure limits or published exposure lev- shall develop and implement a pro-
els, exposure over a radioactive mate- gram, which is part of the employer’s
rial’s dose limits or other dangerous safety and health program required in
condition such as the presence of flam- paragraph (b) of this section, to inform
mable atmospheres or oxygen-deficient employees, contractors, and sub-
environments. contractors (or their representative)
(3) Periodic monitoring. Periodic moni- actually engaged in hazardous waste
toring shall be conducted when the pos- operations of the nature, level and de-
sibility of an IDLH condition or flam- gree of exposure likely as a result of
mable atmosphere has developed or participation in such hazardous waste
when there is indication that exposures operations. Employees, contractors and
may have risen over permissible expo- subcontractors working outside of the
379
operations part of a site are not cov- tion and depth of buried drums or con-
ered by this standard. tainers.
(j) Handling drums and containers—(1) (xi) Soil or covering material shall be
General. (i) Hazardous substances and removed with caution to prevent drum
contaminated soils, liquids, and other or container rupture.
residues shall be handled, transported, (xii) Fire extinguishing equipment
labeled, and disposed of in accordance meeting the requirements of 29 CFR
with this paragraph. part 1910, subpart L, shall be on hand
(ii) Drums and containers used dur- and ready for use to control incipient
ing the clean-up shall meet the appro- fires.
priate DOT, OSHA, and EPA regula- (2) Opening drums and containers. The
tions for the wastes that they contain. following procedures shall be followed
(iii) When practical, drums and con- in areas where drums or containers are
tainers shall be inspected and their in- being opened:
tegrity shall be assured prior to being (i) Where an airline respirator system
moved. Drums or containers that can- is used, connections to the source of air
not be inspected before being moved supply shall be protected from con-
because of storage conditions (i.e., bur- tamination and the entire system shall
ied beneath the earth, stacked behind be protected from physical damage.
other drums, stacked several tiers high (ii) Employees not actually involved
in a pile, etc.) shall be moved to an ac- in opening drums or containers shall be
cessible location and inspected prior to kept a safe distance from the drums or
further handling. containers being opened.
(iv) Unlabelled drums and containers (iii) If employees must work near or
shall be considered to contain haz- adjacent to drums or containers being
ardous substances and handled accord- opened, a suitable shield that does not
ingly until the contents are positively interfere with the work operation shall
identified and labeled. be placed between the employee and
(v) Site operations shall be organized the drums or containers being opened
to minimize the amount of drum or to protect the employee in case of acci-
container movement. dental explosion.
(vi) Prior to movement of drums or (iv) Controls for drum or container
containers, all employees exposed to opening equipment, monitoring equip-
the transfer operation shall be warned ment, and fire suppression equipment
of the potential hazards associated shall be located behind the explosion-
with the contents of the drums or con- resistant barrier.
tainers. (v) When there is a reasonable possi-
(vii) U.S. Department of Transpor- bility of flammable atmospheres being
tation specified salvage drums or con- present, material handling equipment
tainers and suitable quantities of prop- and hand tools shall be of the type to
er absorbent shall be kept available prevent sources of ignition.
and used in areas where spills, leaks, or (vi) Drums and containers shall be
ruptures may occur. opened in such a manner that excess
(viii) Where major spills may occur, a interior pressure will be safely re-
spill containment program, which is lieved. If pressure can not be relieved
part of the employer’s safety and from a remote location, appropriate
health program required in paragraph shielding shall be placed between the
(b) of this section, shall be imple- employee and the drums or containers
mented to contain and isolate the en- to reduce the risk of employee injury.
tire volume of the hazardous substance (vii) Employees shall not stand upon
being transferred. or work from drums or containers.
(ix) Drums and containers that can- (3) Material handling equipment. Mate-
not be moved without rupture, leakage, rial handiing equipment used to trans-
or spillage shall be emptied into a fer drums and containers shall be se-
sound container using a device classi- lected, positioned and operated to min-
fied for the material being transferred. imize sources of ignition related to the
(x) A ground-penetrating system or equipment from igniting vapors re-
other type of detection system or de- leased from ruptured drums or con-
vice shall be used to estimate the loca- tainers.
380
(4) Radioactive wastes. Drums and con- in handling laboratory waste packs
tainers containing radioactive wastes (lab packs):
shall not be handled until such time as (i) Lab packs shall be opened only
their hazard to employees is properly when necessary and then only by an in-
assessed. dividual knowledgeable in the inspec-
(5) Shock sensitive wastes. As a min- tion, classification, and segregation of
imum, the following special pre- the containers within the pack accord-
cautions shall be taken when drums ing to the hazards of the wastes.
and containers containing or suspected (ii) If crystalline material is noted on
of containing shock-sensitive wastes any container, the contents shall be
are handled: handled as a shock-sensitive waste
(i) All non-essential employees shall until the contents are identified.
be evacuated from the area of transfer. (7) Sampling of drum and container
(ii) Material handling equipment contents. Sampling of containers and
shall be provided with explosive con- drums shall be done in accordance with
tainment devices or protective shields a sampling procedure which is part of
to protect equipment operators from the site safety and health plan devel-
exploding containers. oped for and available to employees
(iii) An employee alarm system capa- and others at the specific worksite.
ble of being perceived above sur-
(8) Shipping and transport. (i) Drums
rounding light and noise conditions
and containers shall be identified and
shall be used to signal the commence-
classified prior to packaging for ship-
ment and completion of explosive
ment.
waste handling activities.
(ii) Drum or container staging areas
(iv) Continuous communications (i.e.,
portable radios, hand signals, tele- shall be kept to the minimum number
phones, as appropriate) shall be main- necessary to identify and classify ma-
tained between the employee-in-charge terials safely and prepare them for
of the immediate handling area and transport.
both the site safety and health super- (iii) Staging areas shall be provided
visor and the command post until such with adequate access and egress routes.
time as the handling operation is com- (iv) Bulking of hazardous wastes
pleted. Communication equipment or shall be permitted only after a thor-
methods that could cause shock sen- ough characterization of the materials
sitive materials to explode shall not be has been completed.
used. (9) Tank and vault procedures. (i)
(v) Drums and containers under pres- Tanks and vaults containing hazardous
sure, as evidenced by bulging or swell- substances shall be handled in a man-
ing, shall not be moved until such time ner similar to that for drums and con-
as the cause for excess pressure is de- tainers, taking into consideration the
termined and appropriate containment size of the tank or vault.
procedures have been implemented to (ii) Appropriate tank or vault entry
protect employees from explosive relief procedures as described in the employ-
of the drum. er’s safety and health plan shall be fol-
(vi) Drums and containers containing lowed whenever employees must enter
packaged laboratory wastes shall be a tank or vault.
considered to contain shock-sensitive (k) Decontamination—(1) General. Pro-
or explosive materials until they have cedures for all phases of decontamina-
been characterized. tion shall be developed and imple-
CAUTION: Shipping of shock sensitive mented in accordance with this para-
wastes may be prohibited under U.S. Depart- graph.
ment of Transportation regulations. Employ- (2) Decontamination procedures. (i) A
ers and their shippers should refer to 49 CFR decontamination procedure shall be de-
173.21 and 173.50.
veloped, communicated to employees
(6) Laboratory waste packs. In addition and implemented before any employees
to the requirements of paragraph (j)(5) or equipment may enter areas on site
of this section, the following pre- where potential for exposure to haz-
cautions shall be taken, as a minimum, ardous substances exists.
381
(ii) Standard operating procedures vent the effective use of water, then
shall be developed to minimize em- other effective means for cleansing
ployee contact with hazardous sub- shall be provided and used.
stances or with equipment that has (l) Emergency response by employees at
contacted hazardous substances. uncontrolled hazardous waste sites—(1)
(iii) All employees leaving a contami- Emergency response plan. (i) An emer-
nated area shall be appropriately de- gency response plan shall be developed
contaminated; all contaminated cloth- and implemented by all employers
ing and equipment leaving a contami- within the scope of paragraphs (a)(1)
nated area shall be appropriately dis- (i)–(ii) of this section to handle antici-
posed of or decontaminated. pated emergencies prior to the com-
(iv) Decontamination procedures mencement of hazardous waste oper-
shall be monitored by the site safety ations. The plan shall be in writing and
and health supervisor to determine available for inspection and copying by
their effectiveness. When such proce- employees, their representatives,
dures are found to be ineffective, ap- OSHA personnel and other govern-
propriate steps shall be taken to cor- mental agencies with relevant respon-
rect any deficiencies. sibilities.
(3) Location. Decontamination shall (ii) Employers who will evacuate
be performed in geographical areas their employees from the danger area
that will minimize the exposure of when an emergency occurs, and who do
uncontaminated employees or equip- not permit any of their employees to
ment to contaminated employees or assist in handling the emergency, are
equipment. exempt from the requirements of this
(4) Equipment and solvents. All equip- paragraph if they provide an emer-
ment and solvents used for decon- gency action plan complying with 29
tamination shall be decontaminated or CFR 1910.38.
disposed of properly. (2) Elements of an emergency response
(5) Personal protective clothing and plan. The employer shall develop an
equipment. (i) Protective clothing and emergency response plan for emer-
equipment shall be decontaminated, gencies which shall address, as a min-
cleaned, laundered, maintained or re- imum, the following:
placed as needed to maintain their ef- (i) Pre-emergency planning.
fectiveness. (ii) Personnel roles, lines of author-
(ii) Employees whose non-imper- ity, and communication.
meable clothing becomes wetted with (iii) Emergency recognition and pre-
hazardous substances shall imme- vention.
diately remove that clothing and pro-
(iv) Safe distances and places of ref-
ceed to shower. The clothing shall be
uge.
disposed of or decontaminated before it
(v) Site security and control.
is removed from the work zone.
(6) Unauthorized employees. Unauthor- (vi) Evacuation routes and proce-
ized employees shall not remove pro- dures.
tective clothing or equipment from (vii) Decontamination procedures
change rooms. which are not covered by the site safe-
(7) Commercial laundries or cleaning es- ty and health plan.
tablishments. Commercial laundries or (viii) Emergency medical treatment
cleaning establishments that decon- and first aid.
taminate protective clothing or equip- (ix) Emergency alerting and response
ment shall be informed of the poten- procedures.
tially harmful effects of exposures to (x) Critique of response and follow-
hazardous substances. up.
(8) Showers and change rooms. Where (xi) PPE and emergency equipment.
the decontamination procedure indi- (3) Procedures for handling emergency
cates a need for regular showers and incidents. (i) In addition to the ele-
change rooms outside of a contami- ments for the emergency response plan
nated area, they shall be provided and required in paragraph (l)(2) of this sec-
meet the requirements of 29 CFR tion, the following elements shall be
1910.141. If temperature conditions pre- included for emergency response plans:
382
(A) Site topography, layout, and pre- TABLE H–120.1—MINIMUM ILLUMINATION

vailing weather conditions. INTENSITIES IN FOOT-CANDLES—Continued
(B) Procedures for reporting inci- Foot-
dents to local, state, and federal gov- can- Area or operations
ernmental agencies. dles
(ii) The emergency response plan 10 ...... General shops (e.g., mechanical and electrical
shall be a separate section of the Site equipment rooms, active storerooms, barracks or
living quarters, locker or dressing rooms, dining
Safety and Health Plan. areas, and indoor toilets and workrooms.)
(iii) The emergency response plan 30 ...... First aid stations, infirmaries, and offices.
shall be compatible and integrated
with the disaster, fire and/or emer- (n) Sanitation at temporary work-
gency response plans of local, state, places—(1) Potable water. (i) An ade-
and federal agencies. quate supply of potable water shall be
(iv) The emergency response plan provided on the site.
shall be rehearsed regularly as part of (ii) Portable containers used to dis-
the overall training program for site pense drinking water shall be capable
operations. of being tightly closed, and equipped
with a tap. Water shall not be dipped
(v) The site emergency response plan
from containers.
shall be reviewed periodically and, as (iii) Any container used to distribute
necessary, be amended to keep it cur- drinking water shall be clearly marked
rent with new or changing site condi- as to the nature of its contents and not
tions or information. used for any other purpose.
(vi) An employee alarm system shall (iv) Where single service cups (to be
be installed in accordance with 29 CFR used but once) are supplied, both a san-
1910.165 to notify employees of an emer- itary container for the unused cups and
gency situation; to stop work activities a receptacle for disposing of the used
if necessary; to lower background noise cups shall be provided.
in order to speed communication; and (2) Nonpotable water. (i) Outlets for
to begin emergency procedures. nonpotable water, such as water for
(vii) Based upon the information firefighting purposes, shall be identi-
available at time of the emergency, the fied to indicate clearly that the water
employer shall evaluate the incident is unsafe and is not to be used for
and the site response capabilities and drinking, washing, or cooking pur-
proceed with the appropriate steps to poses.
implement the site emergency response (ii) There shall be no cross-connec-
plan. tion, open or potential, between a sys-
(m) Illumination. Areas accessible to tem furnishing potable water and a
employees shall be lighted to not less system furnishing nonpotable water.
(3) Toilet facilities. (i) Toilets shall be
than the minimum illumination inten-
provided for employees according to
sities listed in the following Table H–
the following Table H–120.2.
120.1 while any work is in progress:
TABLE H–120.2—TOILET FACILITIES
TABLE H–120.1—MINIMUM ILLUMINATION
INTENSITIES IN FOOT-CANDLES Number of employees Minimum number of facilities
Foot- 20 or fewer ............................. One.

can- Area or operations More than 20, fewer than 200 One toilet seat and one uri-
dles nal per 40 employees.
More than 200 ........................ One toilet seat and one uri-
5 ........ General site areas. nal per 50 employees.
3 ........ Excavation and waste areas, accessways, active
storage areas, loading platforms, refueling, and (ii) Under temporary field conditions,
field maintenance areas.
provisions shall be made to assure that
5 ........ Indoors: Warehouses, corridors, hallways, and
exitways. at least one toilet facility is available.
5 ........ Tunnels, shafts, and general underground work (iii) Hazardous waste sites not pro-
areas. (Exception: Minimum of 10 foot-candles is vided with a sanitary sewer shall be
required at tunnel and shaft heading during drilling provided with the following toilet fa-
mucking, and scaling. Mine Safety and Health Ad-
cilities unless prohibited by local
ministration approved cap lights shall be accept-

able for use in the tunnel heading.) codes:
383
(A) Chemical toilets; with an area where they can put on, re-
(B) Recirculating toilets; move and store work clothing and per-
(C) Combustion toilets; or sonal protective equipment.
(D) Flush toilets. (iii) Showers and change rooms shall
(iv) The requirements of this para- be located in areas where exposures are
graph for sanitation facilities shall not below the permissible exposure limits
apply to mobile crews having transpor- and published exposure levels. If this
tation readily available to nearby toi- cannot be accomplished, then a ven-
let facilities. tilation system shall be provided that
(v) Doors entering toilet facilities will supply air that is below the per-
shall be provided with entrance locks missible exposure limits and published
controlled from inside the facility. exposure levels.
(4) Food handling. All food service fa- (iv) Employers shall assure that em-
cilities and operations for employees ployees shower at the end of their work
shall meet the applicable laws, ordi- shift and when leaving the hazardous
nances, and regulations of the jurisdic- waste site.
tions in which they are located. (o) New technology programs. (1) The
(5) Temporary sleeping quarters. When employer shall develop and implement
temporary sleeping quarters are pro- procedures for the introduction of ef-
vided, they shall be heated, ventilated, fective new technologies and equip-
and lighted. ment developed for the improved pro-
(6) Washing facilities. The employer tection of employees working with haz-
shall provide adequate washing facili- ardous waste clean-up operations, and
ties for employees engaged in oper- the same shall be implemented as part
ations where hazardous substances of the site safety and health program
may be harmful to employees. Such fa- to assure that employee protection is
cilities shall be in near proximity to being maintained.
the worksite; in areas where exposures (2) New technologies, equipment or
are below permissible exposure limits control measures available to the in-
and published exposure levels and dustry, such as the use of foams,
which are under the controls of the em- absorbents, adsorbents, neutralizers, or
ployer; and shall be so equipped as to other means to suppress the level of air
enable employees to remove hazardous contaminates while excavating the site
substances from themselves. or for spill control, shall be evaluated
(7) Showers and change rooms. When by employers or their representatives.
hazardous waste clean-up or removal Such an evaluation shall be done to de-
operations commence on a site and the termine the effectiveness of the new
duration of the work will require six methods, materials, or equipment be-
months or greater time to complete, fore implementing their use on a large
the employer shall provide showers and scale for enhancing employee protec-
change rooms for all employees ex- tion. Information and data from manu-
posed to hazardous substances and facturers or suppliers may be used as
health hazards involved in hazardous part of the employer’s evaluation ef-
waste clean-up or removal operations. fort. Such evaluations shall be made
(i) Showers shall be provided and available to OSHA upon request.
shall meet the requirements of 29 CFR (p) Certain Operations Conducted
1910.141(d)(3). Under the Resource Conservation and Re-
(ii) Change rooms shall be provided covery Act of 1976 (RCRA). Employers
and shall meet the requirements of 29 conducting operations at treatment,
CFR 1910.141(e). Change rooms shall storage and disposal (TSD) facilities
consist of two separate change areas specified in paragraph (a)(1)(iv) of this
separated by the shower area required section shall provide and implement
in paragraph (n)(7)(i) of this section. the programs specified in this para-
One change area, with an exit leading graph. See the ‘‘Notes and Exceptions’’
off the worksite, shall provide employ- to paragraph (a)(2)(iii) of this section
ees with a clean area where they can for employers not covered.)’’.
remove, store, and put on street cloth- (1) Safety and health program. The em-
ing. The second area, with an exit to ployer shall develop and implement a
the worksite, shall provide employees written safety and health program for
384
employees involved in hazardous waste initial training shall be for 24 hours

operations that shall be available for and refresher training shall be for eight
inspection by employees, their rep- hours annually. Employees who have
resentatives and OSHA personnel. The received the initial training required
program shall be designed to identify, by this paragraph shall be given a writ-
evaluate and control safety and health ten certificate attesting that they have
hazards in their facilities for the pur- successfully completed the necessary
pose of employee protection, to provide training.
for emergency response meeting the re- (ii) Current employees. Employers who
quirements of paragraph (p)(8) of this can show by an employee’s previous
section and to address as appropriate work experience and/or training that
site analysis, engineering controls, the employee has had training equiva-
maximum exposure limits, hazardous lent to the initial training required by
waste handling procedures and uses of this paragraph, shall be considered as
new technologies. meeting the initial training require-
(2) Hazard communication program.
ments of this paragraph as to that em-
The employer shall implement a haz-
ployee. Equivalent training includes
ard communication program meeting
the training that existing employees
the requirements of 29 CFR 1910.1200 as
might have already received from ac-
part of the employer’s safety and pro-
gram. tual site work experience. Current em-
ployees shall receive eight hours of re-
NOTE TO § 1910.120: The exemption for haz- fresher training annually.
ardous waste provided in § 1910.1200 is appli- (iii) Trainers. Trainers who teach ini-
cable to this section.
tial training shall have satisfactorily
(3) Medical surveillance program. The completed a training course for teach-
employer shall develop and implement ing the subjects they are expected to
a medical surveillance program meet- teach or they shall have the academic
ing the requirements of paragraph (f) of credentials and instruction experience
this section. necessary to demonstrate a good com-
(4) Decontamination program. The em- mand of the subject matter of the
ployer shall develop and implement a courses and competent instructional
decontamination procedure meeting skills.
the requirements of paragraph (k) of (8) Emergency response program—(i)
this section. Emergency response plan. An emergency
(5) New technology program. The em- response plan shall be developed and
ployer shall develop and implement implemented by all employers. Such
procedures meeting the requirements
plans need not duplicate any of the
of paragraph (o) of this section for in-
subjects fully addressed in the employ-
troducing new and innovative equip-
er’s contingency planning required by
ment into the workplace.
permits, such as those issued by the
(6) Material handling program. Where
employees will be handling drums or U.S. Environmental Protection Agen-
containers, the employer shall develop cy, provided that the contingency plan
and implement procedures meeting the is made part of the emergency response
requirements of paragraphs (j)(1) (ii) plan. The emergency response plan
through (viii) and (xi) of this section, shall be a written portion of the em-
as well as (j)(3) and (j)(8) of this section ployer’s safety and health program re-
prior to starting such work. quired in paragraph (p)(1) of this sec-
(7) Training program—(i) New employ- tion. Employers who will evacuate
ees. The employer shall develop and im- their employees from the worksite lo-
plement a training program, which is cation when an emergency occurs and
part of the employer’s safety and who do not permit any of their employ-
health program, for employees exposed ees to assist in handling the emergency
to health hazards or hazardous sub- are exempt from the requirements of
stances at TSD operations to enable paragraph (p)(8) if they provide an
the employees to perform their as- emergency action plan complying with
signed duties and functions in a safe 29 CFR 1910.38.
and healthful manner so as not endan- (ii) Elements of an emergency response
ger themselves or other employees. The plan. The employer shall develop an
385
emergency response plan for emer- (B) Employee members of TSD facil-
gencies which shall address, as a min- ity emergency response organizations
imum, the following areas to the ex- shall be trained to a level of com-
tent that they are not addressed in any petence in the recognition of health
specific program required in this para- and safety hazards to protect them-
graph: selves and other employees. This would
(A) Pre-emergency planning and co- include training in the methods used to
ordination with outside parties. minimize the risk from safety and
(B) Personnel roles, lines of author- health hazards; in the safe use of con-
ity, and communication. trol equipment; in the selection and
(C) Emergency recognition and pre- use of appropriate personal protective
vention. equipment; in the safe operating proce-
(D) Safe distances and places of ref- dures to be used at the incident scene;
uge. in the techniques of coordination with
(E) Site security and control. other employees to minimize risks; in
(F) Evacuation routes and proce- the appropriate response to over expo-
dures. sure from health hazards or injury to
(G) Decontamination procedures. themselves and other employees; and
(H) Emergency medical treatment in the recognition of subsequent symp-
and first aid. toms which may result from over expo-
(I) Emergency alerting and response sures.
procedures. (C) The employer shall certify that
(J) Critique of response and follow- each covered employee has attended
up. and successfully completed the train-
(K) PPE and emergency equipment. ing required in paragraph (p)(8)(iii) of
(iii) Training. (A) Training for emer- this section, or shall certify the em-
gency response employees shall be ployee’s competency at least yearly.
completed before they are called upon The method used to demonstrate com-
to perform in real emergencies. Such petency for certification of training
training shall include the elements of shall be recorded and maintained by
the emergency response plan, standard the employer.
operating procedures the employer has (iv) Procedures for handling emergency
established for the job, the personal incidents. (A) In addition to the ele-
protective equipment to be worn and ments for the emergency response plan
procedures for handling emergency in- required in paragraph (p)(8)(ii) of this
cidents. section, the following elements shall be
included for emergency response plans
Exception #1: An employer need not train to the extent that they do not repeat
all employees to the degree specified if the
employer divides the work force in a manner
any information already contained in
such that a sufficient number of employees the emergency response plan:
who have responsibility to control emer- (1) Site topography, layout, and pre-
gencies have the training specified, and all vailing weather conditions.
other employees, who may first respond to (2) Procedures for reporting incidents
an emergency incident, have sufficient to local, state, and federal govern-
awareness training to recognize that an mental agencies.
emergency response situation exists and that (B) The emergency response plan
they are instructed in that case to summon
the fully trained employees and not attempt
shall be compatible and integrated
control activities for which they are not with the disaster, fire and/or emer-
trained. gency response plans of local, state,
Exception #2: An employer need not train and federal agencies.
all employees to the degree specified if ar- (C) The emergency response plan
rangements have been made in advance for shall be rehearsed regularly as part of
an outside fully-trained emergency response the overall training program for site
team to respond in a reasonable period and operations.
all employees, who may come to the incident
(D) The site emergency response plan
first, have sufficient awareness training to
recognize that an emergency response situa- shall be reviewed periodically and, as
tion exists and they have been instructed to necessary, be amended to keep it cur-
call the designated outside fully-trained rent with new or changing site condi-
emergency response team for assistance. tions or information.
386
(E) An employee alarm system shall (ii) Personnel roles, lines of author-
be installed in accordance with 29 CFR ity, training, and communication.
1910.165 to notify employees of an emer- (iii) Emergency recognition and pre-
gency situation; to stop work activities vention.
if necessary; to lower background noise (iv) Safe distances and places of ref-
in order to speed communication; and uge.
to begin emergency procedures. (v) Site security and control.
(F) Based upon the information avail- (vi) Evacuation routes and proce-
able at time of the emergency, the em- dures.
ployer shall evaluate the incident and (vii) Decontamination.
the site response capabilities and pro-
(viii) Emergency medical treatment
ceed with the appropriate steps to im-
and first aid.
plement the site emergency response
plan. (ix) Emergency alerting and response
(q) Emergency response to hazardous procedures.
substance releases. This paragraph cov- (x) Critique of response and follow-
ers employers whose employees are en- up.
gaged in emergency response no matter (xi) PPE and emergency equipment.
where it occurs except that it does not (xii) Emergency response organiza-
cover employees engaged in operations tions may use the local emergency re-
specified in paragraphs (a)(1)(i) through sponse plan or the state emergency re-
(a)(1)(iv) of this section. Those emer- sponse plan or both, as part of their
gency response organizations who have emergency response plan to avoid du-
developed and implemented programs plication. Those items of the emer-
equivalent to this paragraph for han- gency response plan that are being
dling releases of hazardous substances properly addressed by the SARA Title
pursuant to section 303 of the Super- III plans may be substituted into their
fund Amendments and Reauthorization emergency plan or otherwise kept to-
Act of 1986 (Emergency Planning and gether for the employer and employee’s
Community Right-to-Know Act of 1986, use.
42 U.S.C. 11003) shall be deemed to have (3) Procedures for handling emergency
met the requirements of this para- response. (i) The senior emergency re-
graph. sponse official responding to an emer-
(1) Emergency response plan. An emergency shall become the individual in
gency response plan shall be developed charge of a site-specific Incident Com-
and implemented to handle anticipated mand System (ICS). All emergency re-
emergencies prior to the commence- sponders and their communications
ment of emergency response oper- shall be coordinated and controlled
ations. The plan shall be in writing and
through the individual in charge of the
available for inspection and copying by
ICS assisted by the senior official
employees, their representatives and
present for each employer.
OSHA personnel. Employers who will
evacuate their employees from the NOTE TO PARAGRAPH (q)(3)(i). The ‘‘senior
danger area when an emergency occurs, official’’ at an emergency response is the
and who do not permit any of their em- most senior official on the site who has the
ployees to assist in handling the emer- responsibility for controlling the operations
gency, are exempt from the require- at the site. Initially it is the senior officer
ments of this paragraph if they provide on the first-due piece of responding emer-
gency apparatus to arrive on the incident
an emergency action plan in accord-
scene. As more senior officers arrive (i.e.,
ance with 29 CFR 1910.38.
battalion chief, fire chief, state law enforce-
(2) Elements of an emergency response ment official, site coordinator, etc.) the posi-
plan. The employer shall develop an tion is passed up the line of authority which
emergency response plan for emer- has been previously established.
gencies which shall address, as a min-
imum, the following to the extent that
they are not addressed elsewhere:
(i) Pre-emergency planning and co-
ordination with outside parties.
387
(ii) The individual in charge of the (viii) When activities are judged by
ICS shall identify, to the extent pos- the safety official to be an IDLH condi-
sible, all hazardous substances or con- tion and/or to involve an imminent
ditions present and shall address as ap- danger condition, the safety official
propriate site analysis, use of engineer- shall have the authority to alter, sus-
ing controls, maximum exposure lim- pend, or terminate those activities.
its, hazardous substance handling pro- The safety official shall immediately
cedures, and use of any new tech- inform the individual in charge of the
nologies. ICS of any actions needed to be taken
(iii) Based on the hazardous sub- to correct these hazards at the emer-
stances and/or conditions present, the gency scene.
individual in charge of the ICS shall (ix) After emergency operations have
implement appropriate emergency op- terminated, the individual in charge of
erations, and assure that the personal the ICS shall implement appropriate
protective equipment worn is appro- decontamination procedures.
priate for the hazards to be encoun-
(x) When deemed necessary for meet-
tered. However, personal protective
ing the tasks at hand, approved self-
equipment shall meet, at a minimum,
contained compressed air breathing ap-
the criteria contained in 29 CFR
paratus may be used with approved cyl-
1910.156(e) when worn while performing
inders from other approved self-con-
fire fighting operations beyond the in-
tained compressed air breathing appa-
cipient stage for any incident.
ratus provided that such cylinders are
(iv) Employees engaged in emergency
of the same capacity and pressure rat-
response and exposed to hazardous sub-
ing. All compressed air cylinders used
stances presenting an inhalation haz-
with self-contained breathing appa-
ard or potential inhalation hazard shall
wear positive pressure self-contained ratus shall meet U.S. Department of
breathing apparatus while engaged in Transportation and National Institute
emergency response, until such time for Occupational Safety and Health cri-
that the individual in charge of the ICS teria.
determines through the use of air mon- (4) Skilled support personnel. Per-
itoring that a decreased level of res- sonnel, not necessarily an employer’s
piratory protection will not result in own employees, who are skilled in the
hazardous exposures to employees. operation of certain equipment, such as
(v) The individual in charge of the mechanized earth moving or digging
ICS shall limit the number of emer- equipment or crane and hoisting equip-
gency response personnel at the emer- ment, and who are needed temporarily
gency site, in those areas of potential to perform immediate emergency sup-
or actual exposure to incident or site port work that cannot reasonably be
hazards, to those who are actively per- performed in a timely fashion by an
forming emergency operations. How- employer’s own employees, and who
ever, operations in hazardous areas will be or may be exposed to the haz-
shall be performed using the buddy sys- ards at an emergency response scene,
tem in groups of two or more. are not required to meet the training
(vi) Back-up personnel shall stand by required in this paragraph for the em-
with equipment ready to provide as- ployer’s regular employees. However,
sistance or rescue. Advance first aid these personnel shall be given an ini-
support personnel, as a minimum, shall tial briefing at the site prior to their
also stand by with medical equipment participation in any emergency re-
and transportation capability. sponse. The initial briefing shall in-
(vii) The individual in charge of the clude instruction in the wearing of ap-
ICS shall designate a safety official, propriate personal protective equip-
who is knowledgable in the operations ment, what chemical hazards are in-
being implemented at the emergency volved, and what duties are to be per-
response site, with specific responsi- formed. All other appropriate safety
bility to identify and evaluate hazards and health precautions provided to the
and to provide direction with respect employer’s own employees shall be
to the safety of operations for the used to assure the safety and health of
emergency at hand. these personnel.
388
(5) Specialist employees. Employees Transportation’s Emergency Response

who, in the course of their regular job Guidebook.
duties, work with and are trained in (F) The ability to realize the need for
the hazards of specific hazardous sub- additional resources, and to make ap-
stances, and who will be called upon to propriate notifications to the commu-
provide technical advice or assistance nication center.
at a hazardous substance release inci- (ii) First responder operations level.
dent to the individual in charge, shall First responders at the operations level
receive training or demonstrate com- are individuals who respond to releases
petency in the area of their specializa- or potential releases of hazardous sub-
tion annually. stances as part of the initial response
(6) Training. Training shall be based to the site for the purpose of protecting
on the duties and function to be per- nearby persons, property, or the envi-
formed by each responder of an emer- ronment from the effects of the re-
gency response organization. The skill lease. They are trained to respond in a
and knowledge levels required for all defensive fashion without actually try-
new responders, those hired after the ing to stop the release. Their function
effective date of this standard, shall be is to contain the release from a safe
conveyed to them through training be- distance, keep it from spreading, and
fore they are permitted to take part in prevent exposures. First responders at
actual emergency operations on an in- the operational level shall have re-
cident. Employees who participate, or
ceived at least eight hours of training
are expected to participate, in emer-
or have had sufficient experience to ob-
gency response, shall be given training
jectively demonstrate competency in
in accordance with the following para-
the following areas in addition to those
graphs:
listed for the awareness level and the
(i) First responder awareness level. employer shall so certify:
First responders at the awareness level
(A) Knowledge of the basic hazard
are individuals who are likely to wit-
and risk assessment techniques.
ness or discover a hazardous substance
release and who have been trained to (B) Know how to select and use prop-
initiate an emergency response se- er personal protective equipment pro-
quence by notifying the proper authori- vided to the first responder operational
ties of the release. They would take no level.
further action beyond notifying the au- (C) An understanding of basic haz-
thorities of the release. First respond- ardous materials terms.
ers at the awareness level shall have (D) Know how to perform basic con-
sufficient training or have had suffi- trol, containment and/or confinement
cient experience to objectively dem- operations within the capabilities of
onstrate competency in the following the resources and personal protective
areas: equipment available with their unit.
(A) An understanding of what haz- (E) Know how to implement basic de-
ardous substances are, and the risks as- contamination procedures.
sociated with them in an incident. (F) An understanding of the relevant
(B) An understanding of the potential standard operating procedures and ter-
outcomes associated with an emer- mination procedures.
gency created when hazardous sub- (iii) Hazardous materials technician.
stances are present. Hazardous materials technicians are
(C) The ability to recognize the pres- individuals who respond to releases or
ence of hazardous substances in an potential releases for the purpose of
emergency. stopping the release. They assume a
(D) The ability to identify the haz- more aggressive role than a first re-
ardous substances, if possible. sponder at the operations level in that
(E) An understanding of the role of they will approach the point of release
the first responder awareness indi- in order to plug, patch or otherwise
vidual in the employer’s emergency re- stop the release of a hazardous sub-
sponse plan including site security and stance. Hazardous materials techni-
control and the U.S. Department of cians shall have received at least 24
389
hours of training equal to the first re- (D) Be able to select and use proper
sponder operations level and in addi- specialized chemical personal protec-
tion have competency in the following tive equipment provided to the haz-
areas and the employer shall so certify: ardous materials specialist.
(A) Know how to implement the em- (E) Understand in-depth hazard and
ployer’s emergency response plan. risk techniques.
(B) Know the classification, identi- (F) Be able to perform specialized
fication and verification of known and control, containment, and/or confine-
unknown materials by using field sur- ment operations within the capabili-
vey instruments and equipment. ties of the resources and personal pro-
(C) Be able to function within an as- tective equipment available.
signed role in the Incident Command (G) Be able to determine and imple-
System. ment decontamination procedures.
(D) Know how to select and use prop- (H) Have the ability to develop a site
er specialized chemical personal pro- safety and control plan.
tective equipment provided to the haz- (I) Understand chemical, radiological
ardous materials technician. and toxicological terminology and be-
(E) Understand hazard and risk as- havior.
sessment techniques. (v) On scene incident commander. Inci-
(F) Be able to perform advance con- dent commanders, who will assume
trol, containment, and/or confinement control of the incident scene beyond
operations within the capabilities of the first responder awareness level,
the resources and personal protective shall receive at least 24 hours of train-
equipment available with the unit. ing equal to the first responder oper-
(G) Understand and implement de- ations level and in addition have com-
contamination procedures. petency in the following areas and the
(H) Understand termination proce- employer shall so certify:
dures. (A) Know and be able to implement
(I) Understand basic chemical and the employer’s incident command sys-
toxicological terminology and behav- tem.
ior. (B) Know how to implement the em-
(iv) Hazardous materials specialist. ployer’s emergency response plan.
Hazardous materials specialists are in- (C) Know and understand the hazards
dividuals who respond with and provide and risks associated with employees
support to hazardous materials techni- working in chemical protective cloth-
cians. Their duties parallel those of the ing.
hazardous materials technician, how- (D) Know how to implement the local
ever, those duties require a more di- emergency response plan.
rected or specific knowledge of the var- (E) Know of the state emergency re-
ious substances they may be called sponse plan and of the Federal Re-
upon to contain. The hazardous mate- gional Response Team.
rials specialist would also act as the (F) Know and understand the impor-
site liaison with Federal, state, local tance of decontamination procedures.
and other government authorities in (7) Trainers. Trainers who teach any
regards to site activities. Hazardous of the above training subjects shall
materials specialists shall have re- have satisfactorily completed a train-
ceived at least 24 hours of training ing course for teaching the subjects
equal to the technician level and in ad- they are expected to teach, such as the
dition have competency in the fol- courses offered by the U.S. National
lowing areas and the employer shall so Fire Academy, or they shall have the
certify: training and/or academic credentials
(A) Know how to implement the local and instructional experience necessary
emergency response plan. to demonstrate competent instruc-
(B) Understand classification, identi- tional skills and a good command of
fication and verification of known and the subject matter of the courses they
unknown materials by using advanced are to teach.
survey instruments and equipment. (8) Refresher training. (i) Those em-
(C) Know of the state emergency re- ployees who are trained in accordance
sponse plan. with paragraph (q)(6) of this section
390
shall receive annual refresher training tective equipment and decontamina-

of sufficient content and duration to tion procedures. All equipment to be
maintain their competencies, or shall used in the performance of the clean-up
demonstrate competency in those areas work shall be in serviceable condition
at least yearly. and shall have been inspected prior to
(ii) A statement shall be made of the use.
training or competency, and if a state-
APPENDICES TO § 1910.120—HAZARDOUS WASTE
ment of competency is made, the em-
OPERATIONS AND EMERGENCY RESPONSE
ployer shall keep a record of the meth-
odology used to demonstrate com- NOTE: The following appendices serve as
petency. non-mandatory guidelines to assist employ-
(9) Medical surveillance and consulta- ees and employers in complying with the ap-
propriate requirements of this section. How-
tion. (i) Members of an organized and
ever paragraph 1910.120(g) makes mandatory
designated HAZMAT team and haz- in certain circumstances the use of Level A
ardous materials specialists shall re- and Level B PPE protection.
ceive a baseline physical examination
and be provided with medical surveil- APPENDIX A TO § 1910.120—PERSONAL
lance as required in paragraph (f) of PROTECTIVE EQUIPMENT TEST METHODS
this section. This appendix sets forth the non-manda-
(ii) Any emergency response employ- tory examples of tests which may be used to
ees who exhibits signs or symptoms evaluate compliance with § 1910.120 (g)(4) (ii)
which may have resulted from exposure and (iii). Other tests and other challenge
to hazardous substances during the agents may be used to evaluate compliance.
course of an emergency incident, either A. Totally-encapsulating chemical protective
immediately or subsequently, shall be suit pressure test
provided with medical consultation as
1.0—Scope
required in paragraph (f)(3)(ii) of this
1.1 This practice measures the ability of a
section. gas tight totally-encapsulating chemical
(10) Chemical protective clothing. protective suit material, seams, and closures
Chemical protective clothing and to maintain a fixed positive pressure. The re-
equipment to be used by organized and sults of this practice allow the gas tight in-
designated HAZMAT team members, or tegrity of a totally-encapsulating chemical
to be used by hazardous materials spe- protective suit to be evaluated.
cialists, shall meet the requirements of 1.2 Resistance of the suit materials to
paragraphs (g) (3) through (5) of this permeation, penetration, and degradation by
specific hazardous substances is not deter-
section.
mined by this test method.
(11) Post-emergency response oper- 2.0—Definition of terms
ations. Upon completion of the emer- 2.1 Totally-encapsulated chemical protective
gency response, if it is determined that suit (TECP suit) means a full body garment
it is necessary to remove hazardous which is constructed of protective clothing
substances, health hazards, and mate- materials; covers the wearer’s torso, head,
rials contaminated with them (such as arms, legs and respirator; may cover the
contaminated soil or other elements of wearer’s hands and feet with tightly at-
the natural environment) from the site tached gloves and boots; completely encloses
the wearer and respirator by itself or in com-
of the incident, the employer con-
bination with the wearer’s gloves and boots.
ducting the clean-up shall comply with 2.2 Protective clothing material means any
one of the following: material or combination of materials used in
(i) Meet all of the requirements of an item of clothing for the purpose of iso-
paragraphs (b) through (o) of this sec- lating parts of the body from direct contact
tion; or with a potentially hazardous liquid or gas-
(ii) Where the clean-up is done on eous chemicals.
plant property using plant or work- 2.3 Gas tight means, for the purpose of this
place employees, such employees shall test method, the limited flow of a gas under
pressure from the inside of a TECP suit to
have completed the training require-
atmosphere at a prescribed pressure and
ments of the following: 29 CFR 1910.38, time interval.
1910.134, 1910.1200, and other appro- 3.0—Summary of test method
priate safety and health training made 3.1 The TECP suit is visually inspected and
necessary by the tasks they are ex- modified for the test. The test apparatus is
pected to perform such as personal pro- attached to the suit to permit inflation to
391
the pre-test suit expansion pressure for re- sure to pressure (B), the suit test pressure.
moval of suit wrinkles and creases. The pres- Begin timing. At the end of three minutes,
sure is lowered to the test pressure and mon- record the suit pressure as pressure (C), the
itored for three minutes. If the pressure drop ending suit pressure. The difference between
is excessive, the TECP suit fails the test and the suit test pressure and the ending suit
is removed from service. The test is repeated test pressure (B-C) shall be defined as the
after leak location and repair. suit pressure drop.
4.0—Required Supplies 6.1.6 If the suit pressure drop is more than
4.1 Source of compressed air. 20 percent of the suit test pressure (B) during
4.2 Test apparatus for suit testing, includ- the three-minute test period, the suit fails
ing a pressure measurement device with a the test and shall be removed from service.
sensitivity of at least 1⁄4 inch water gauge. 7.0—Retest Procedure
4.3 Vent valve closure plugs or sealing 7.1 If the suit fails the test check for leaks
tape. by inflating the suit to pressure (A) and
4.4 Soapy water solution and soft brush. brushing or wiping the entire suit (including
4.5 Stop watch or appropriate timing de-
seams, closures, lens gaskets, glove-to-sleeve
vice.
joints, etc.) with a mild soap and water solu-
5.0—Safety Precautions
tion. Observe the suit for the formation of
5.1 Care shall be taken to provide the cor-
soap bubbles, which is an indication of a
rect pressure safety devices required for the
leak. Repair all identified leaks.
source of compressed air used.
6.0—Test Procedure 7.2 Retest the TECP suit as outlined in
6.1 Prior to each test, the tester shall per- Test procedure 6.0.
form a visual inspection of the suit. Check 8.0—Report
the suit for seam integrity by visually exam- 8.1 Each TECP suit tested by this practice
ining the seams and gently pulling on the shall have the following information re-
seams. Ensure that all air supply lines, fit- corded:
tings, visor, zippers, and valves are secure 8.1.1 Unique identification number, identi-
and show no signs of deterioration. fying brand name, date of purchase, material
6.1.1 Seal off the vent valves along with of construction, and unique fit features, e.g.,
any other normal inlet or exhaust points special breathing apparatus.
(such as umbilical air line fittings or face 8.1.2 The actual values for test pressures
piece opening) with tape or other appropriate (A), (B), and (C) shall be recorded along with
means (caps, plugs, fixture, etc.). Care should the specific observation times. If the ending
be exercised in the sealing process not to pressure (C) is less than 80 percent of the test
damage any of the suit components. pressure (B), the suit shall be identified as
6.1.2 Close all closure assemblies. failing the test. When possible, the specific
6.1.3 Prepare the suit for inflation by pro- leak location shall be identified in the test
viding an improvised connection point on the records. Retest pressure data shall be re-
suit for connecting an airline. Attach the corded as an additional test.
pressure test apparatus to the suit to permit 8.1.3 The source of the test apparatus used
suit inflation from a compressed air source shall be identified and the sensitivity of the
equipped with a pressure indicating regu- pressure gauge shall be recorded.
lator. The leak tightness of the pressure test 8.1.4 Records shall be kept for each pres-
apparatus should be tested before and after sure test even if repairs are being made at
each test by closing off the end of the tubing the test location.
attached to the suit and assuring a pressure
of three inches water gauge for three min- CAUTION
utes can be maintained. If a component is re-
Visually inspect all parts of the suit to be
moved for the test, that component shall be
sure they are positioned correctly and se-
replaced and a second test conducted with
cured tightly before putting the suit back
another component removed to permit a
into service. Special care should be taken to
complete test of the ensemble.
examine each exhaust valve to make sure it
6.1.4 The pre-test expansion pressure (A)
is not blocked.
and the suit test pressure (B) shall be sup-
plied by the suit manufacturer, but in no Care should also be exercised to assure
case shall they be less than: (A)=three inches that the inside and outside of the suit is
water gauge; and (B)=two inches water completely dry before it is put into storage.
gauge. The ending suit pressure (C) shall be B. Totally-encapsulating chemical protective
no less than 80 percent of the test pressure suit qualitative leak test
(B); i.e., the pressure drop shall not exceed 20
percent of the test pressure (B). 1.0—Scope
6.1.5 Inflate the suit until the pressure in- 1.1 This practice semi-qualitatively tests
side is equal to pressure (A), the pre-test ex- gas tight totally-encapsulating chemical
pansion suit pressure. Allow at least one protective suit integrity by detecting inward
minute to fill out the wrinkles in the suit. leakage of ammonia vapor. Since no modi-
Release sufficient air to reduce the suit pres- fications are made to the suit to carry out
392
this test, the results from this practice pro- the test room and his stand-by person meas-
vide a realistic test for the integrity of the ures the ammonia concentration inside the
entire suit. suit using a low range ammonia length of
1.2 Resistance of the suit materials to per- stain detector tube or other more sensitive
meation, penetration, and degradation is not ammonia detector. A stand-by person is re-
determined by this test method. ASTM test quired to observe the test individual during
methods are available to test suit materials the test procedure; aid the person in donning
for these characteristics and the tests are and doffing the TECP suit; and monitor the
usually conducted by the manufacturers of suit interior. The intrusion coefficient of the
the suits. suit can be calculated by dividing the aver-
2.0—Definition of terms age test area concentration by the interior
2.1 Totally-encapsulated chemical protective suit concentration. A colorimetric ammonia
suit (TECP suit) means a full body garment indicator strip of bromophenol blue or equiv-
which is constructed of protective clothing alent is placed on the inside of the suit face
materials; covers the wearer’s torso, head, piece lens so that the suited individual is
arms, legs and respirator; may cover the able to detect a color change and know if the
wearer’s hands and feet with tightly at- suit has a significant leak. If a color change
tached gloves and boots; completely encloses is observed the individual shall leave the test
the wearer and respirator by itself or in com- room immediately.
bination with the wearer’s gloves, and boots. 4.0—Required supplies
2.2 Protective clothing material means any 4.1 A supply of concentrated aqueous am-
material or combination of materials used in monium hydroxide (58% by weight).
an item of clothing for the purpose of iso- 4.2 A supply of bromophenol/blue indi-
lating parts of the body from direct contact cating paper or equivalent, sensitive to 5–10
with a potentially hazardous liquid or gas- ppm ammonia or greater over a two-minute
eous chemicals. period of exposure. [pH 3.0 (yellow) to pH 4.6
2.3 Gas tight means, for the purpose of this (blue)]
test method, the limited flow of a gas under 4.3 A supply of high range (0.5–10 volume
pressure from the inside of a TECP suit to percent) and low range (5–700 ppm) detector
atmosphere at a prescribed pressure and tubes for ammonia and the corresponding
time interval. sampling pump. More sensitive ammonia de-
2.4 Intrusion Coefficient means a number ex- tectors can be substituted for the low range
pressing the level of protection provided by a detector tubes to improve the sensitivity of
gas tight totally-encapsulating chemical this practice.
protective suit. The intrusion coefficient is 4.4 A shallow plastic pan (PVC) at least
calculated by dividing the test room chal- 12″:14″:1″ and a half pint plastic container
lenge agent concentration by the concentra- (PVC) with tightly closing lid.
tion of challenge agent found inside the suit. 4.5 A graduated cylinder or other volu-
The accuracy of the intrusion coefficient is metric measuring device of at least 50 milli-
dependent on the challenge agent monitoring liters in volume with an accuracy of at least
methods. The larger the intrusion coefficient ±1 milliliters.
the greater the protection provided by the 5.0—Safety precautions
TECP suit. 5.1 Concentrated aqueous ammonium hy-
3.0—Summary of recommended practice droxide, NH4 OH, is a corrosive volatile liq-
3.1 The volume of concentrated aqueous uid requiring eye, skin, and respiratory pro-
ammonia solution (ammonia hydroxide NH4 tection. The person conducting the test shall
OH) required to generate the test atmos- review the MSDS for aqueous ammonia.
phere is determined using the directions out- 5.2 Since the established permissible ex-
lined in 6.1. The suit is donned by a person posure limit for ammonia is 35 ppm as a 15
wearing the appropriate respiratory equip- minute STEL, only persons wearing a posi-
ment (either a positive pressure self-con- tive pressure self-contained breathing appa-
tained breathing apparatus or a positive ratus or a positive pressure supplied air res-
pressure supplied air respirator) and worn in- pirator shall be in the chamber. Normally
side the enclosed test room. The con- only the person wearing the totally-encap-
centrated aqueous ammonia solution is sulating suit will be inside the chamber. A
taken by the suited individual into the test stand-by person shall have a positive pres-
room and poured into an open plastic pan. A sure self-contained breathing apparatus, or a
two-minute evaporation period is observed positive pressure supplied air respirator
before the test room concentration is meas- available to enter the test area should the
ured, using a high range ammonia length of suited individual need assistance.
stain detector tube. When the ammonia 5.3 A method to monitor the suited indi-
vapor reaches a concentration of between vidual must be used during this test. Visual
1000 and 1200 ppm, the suited individual contact is the simplest but other methods
starts a standardized exercise protocol to using communication devices are acceptable.
stress and flex the suit. After this protocol is 5.4 The test room shall be large enough to
completed, the test room concentration is allow the exercise protocol to be carried out
measured again. The suited individual exits and then to be ventilated to allow for easy
393
exhaust of the ammonia test atmosphere shall be generated before the exercises are
after the test(s) are completed. started.
5.5 Individuals shall be medically 6.7 To test the integrity of the suit the
screened for the use of respiratory protection following four minute exercise protocol
and checked for allergies to ammonia before should be followed:
participating in this test procedure. 6.7.1 Raising the arms above the head
6.0—Test procedure with at least 15 raising motions completed in
6.1.1 Measure the test area to the nearest one minute.
foot and calculate its volume in cubic feet. 6.7.2 Walking in place for one minute with
Multiply the test area volume by 0.2 milli- at least 15 raising motions of each leg in a
liters of concentrated aqueous ammonia so- one-minute period.
lution per cubic foot of test area volume to 6.7.3 Touching the toes with a least 10
determine the approximate volume of con- complete motions of the arms from above
centrated aqueous ammonia required to gen- the head to touching of the toes in a one-
erate 1000 ppm in the test area. minute period.
6.1.2 Measure this volume from the supply 6.7.4 Knee bends with at least 10 complete
of concentrated aqueous ammonia and place standing and squatting motions in a one-
it into a closed plastic container. minute period.
6.1.3 Place the container, several high 6.8 If at any time during the test the col-
range ammonia detector tubes, and the pump orimetric indicating paper should change
in the clean test pan and locate it near the colors, the test should be stopped and section
test area entry door so that the suited indi- 6.10 and 6.12 initiated (See ¶ 4.2).
vidual has easy access to these supplies. 6.9 After completion of the test exercise,
6.2.1 In a non-contaminated atmosphere, the test area concentration should be meas-
open a pre-sealed ammonia indicator strip ured again using the high range colorimetric
and fasten one end of the strip to the inside detector tube.
of the suit face shield lens where it can be 6.10 Exit the test area.
seen by the wearer. Moisten the indicator 6.11 The opening created by the suit zip-
strip with distilled water. Care shall be per or other appropriate suit penetration
taken not to contaminate the detector part should be used to determine the ammonia
of the indicator paper by touching it. A concentration in the suit with the low range
small piece of masking tape or equivalent length of stain detector tube or other ammo-
should be used to attach the indicator strip nia monitor. The internal TECP suit air
to the interior of the suit face shield. should be sampled far enough from the en-
6.2.2 If problems are encountered with closed test area to prevent a false ammonia
this method of attachment, the indicator reading.
strip can be attached to the outside of the 6.12 After completion of the measurement
respirator face piece lens being used during of the suit interior ammonia concentration
the test. the test is concluded and the suit is doffed
6.3 Don the respiratory protective device and the respirator removed.
normally used with the suit, and then don 6.13 The ventilating fan for the test room
the TECP suit to be tested. Check to be sure should be turned on and allowed to run for
all openings which are intended to be sealed enough time to remove the ammonia gas.
(zippers, gloves, etc.) are completely sealed. The fan shall be vented to the outside of the
DO NOT, however, plug off any venting building.
valves. 6.14 Any detectable ammonia in the suit
6.4 Step into the enclosed test room such interior (five ppm ammonia (NH3) or more
as a closet, bathroom, or test booth, for the length of stain detector tube) indi-
equipped with an exhaust fan. No air should cates that the suit has failed the test. When
be exhausted from the chamber during the other ammonia detectors are used a lower
test because this will dilute the ammonia level of detection is possible, and it should be
challenge concentrations. specified as the pass/fail criteria.
6.5 Open the container with the pre-meas- 6.15 By following this test method, an in-
ured volume of concentrated aqueous ammo- trusion coefficient of approximately 200 or
nia within the enclosed test room, and pour more can be measured with the suit in a
the liquid into the empty plastic test pan. completely operational condition. If the in-
Wait two minutes to allow for adequate vola- trusion coefficient is 200 or more, then the
tilization of the concentrated aqueous am- suit is suitable for emergency response and
monia. A small mixing fan can be used near field use.
the evaporation pan to increase the evapo- 7.0—Retest procedures
ration rate of the ammonia solution. 7.1 If the suit fails this test, check for
6.6 After two minutes a determination of leaks by following the pressure test in test A
the ammonia concentration within the above.
chamber should be made using the high 7.2 Retest the TECP suit as outlined in
range colorimetric detector tube. A con- the test procedure 6.0.
centration of 1000 ppm ammonia or greater 8.0—Report
394
8.1 Each gas tight totally-encapsulating PPE materials (and seams) in providing a bar-
chemical protective suit tested by this prac- rier to these hazards. The amount of protec-
tice shall have the following information re- tion provided by PPE is material-hazard spe-
corded. cific. That is, protective equipment mate-
8.1.1 Unique identification number, iden- rials will protect well against some haz-
tifying brand name, date of purchase, mate- ardous substances and poorly, or not at all,
rial of construction, and unique suit fea- against others. In many instances, protec-
tures; e.g., special breathing apparatus. tive equipment materials cannot be found
8.1.2 General description of test room which will provide continuous protection
used for test. from the particular hazardous substance. In
8.1.3 Brand name and purchase date of these cases the breakthrough time of the
ammonia detector strips and color change protective material should exceed the work
data. durations.
8.1.4 Brand name, sampling range, and ex- Other factors in this selection process to
piration date of the length of stain ammonia be considered are matching the PPE to the
detector tubes. The brand name and model of employee’s work requirements and task-spe-
the sampling pump should also be recorded. cific conditions. The durability of PPE mate-
If another type of ammonia detector is used, rials, such as tear strength and seam
it should be identified along with its min- strength, should be considered in relation to
imum detection limit for ammonia. the employee’s tasks. The effects of PPE in
8.1.5 Actual test results shall list the two relation to heat stress and task duration are
test area concentrations, their average, the a factor in selecting and using PPE. In some
interior suit concentration, and the cal- cases layers of PPE may be necessary to pro-
culated intrusion coefficient. Retest data vide sufficient protection, or to protect ex-
shall be recorded as an additional test. pensive PPE inner garments, suits or equip-
8.2 The evaluation of the data shall be ment.
specified as ‘‘suit passed’’ or ‘‘suit failed,’’ The more that is known about the hazards
and the date of the test. Any detectable am- at the site, the easier the job of PPE selec-
monia (five ppm or greater for the length of tion becomes. As more information about
stain detector tube) in the suit interior indi- the hazards and conditions at the site be-
cates the suit has failed this test. When comes available, the site supervisor can
other ammonia detectors are used, a lower make decisions to up-grade or down-grade
level of detection is possible and it should be the level of PPE protection to match the
specified as the pass fail criteria. tasks at hand.
The following are guidelines which an em-
CAUTION ployer can use to begin the selection of the
appropriate PPE. As noted above, the site in-
Visually inspect all parts of the suit to be formation may suggest the use of combina-
sure they are positioned correctly and se- tions of PPE selected from the different pro-
cured tightly before putting the suit back tection levels (i.e., A, B, C, or D) as being
into service. Special care should be taken to more suitable to the hazards of the work. It
examine each exhaust valve to make sure it should be cautioned that the listing below
is not blocked. does not fully address the performance of the
Care should also be exercised to assure specific PPE material in relation to the spe-
that the inside and outside of the suit is cific hazards at the job site, and that PPE
completely dry before it is put into storage. selection, evaluation and re-selection is an
APPENDIX B TO § 1910.120—GENERAL DESCRIP- ongoing process until sufficient information
TION AND DISCUSSION OF THE LEVELS OF
about the hazards and PPE performance is
PROTECTION AND PROTECTIVE GEAR obtained.
Part A. Personal protective equipment is
This appendix sets forth information about divided into four categories based on the de-
personal protective equipment (PPE) protec- gree of protection afforded. (See Part B of
tion levels which may be used to assist em- this appendix for further explanation of Lev-
ployers in complying with the PPE require- els A, B, C, and D hazards.)
ments of this section. I. Level A—To be selected when the great-
As required by the standard, PPE must be est level of skin, respiratory, and eye protec-
selected which will protect employees from tion is required.
the specific hazards which they are likely to The following constitute Level A equip-
encounter during their work on-site. ment; it may be used as appropriate;
Selection of the appropriate PPE is a com- 1. Positive pressure, full face-piece self-
plex process which should take into consider- contained breathing apparatus (SCBA), or
ation a variety of factors. Key factors in- positive pressure supplied air respirator with
volved in this process are identification of escape SCBA, approved by the National In-
the hazards, or suspected hazards; their stitute for Occupational Safety and Health
routes of potential hazard to employees (in- (NIOSH).
halation, skin absorption, ingestion, and eye 2. Totally-encapsulating chemical-protec-
or skin contact); and the performance of the tive suit.
395
3. Coveralls.1 5. Safety glasses or chemical splash
4. Long underwear.1 goggles*.
5. Gloves, outer, chemical-resistant. 6. Hard hat. 1
6. Gloves, inner, chemical-resistant. 7. Escape mask. 1
7. Boots, chemical-resistant, steel toe and 8. Face shield. 1
shank. Part B. The types of hazards for which lev-
8. Hard hat (under suit).1 els A, B, C, and D protection are appropriate
9. Disposable protective suit, gloves and are described below:
boots (depending on suit construction, may I. Level A—Level A protection should be
be worn over totally-encapsulating suit). used when:
II. Level B—The highest level of res- 1. The hazardous substance has been iden-
piratory protection is necessary but a lesser tified and requires the highest level of pro-
level of skin protection is needed. tection for skin, eyes, and the respiratory
The following constitute Level B equip- system based on either the measured (or po-
ment; it may be used as appropriate. tential for) high concentration of atmos-
1. Positive pressure, full-facepiece self-con-
pheric vapors, gases, or particulates; or the
tained breathing apparatus (SCBA), or posi-
site operations and work functions involve a
tive pressure supplied air respirator with es-
high potential for splash, immersion, or ex-
cape SCBA (NIOSH approved).
posure to unexpected vapors, gases, or par-
2. Hooded chemical-resistant clothing
ticulates of materials that are harmful to
(overalls and long-sleeved jacket; coveralls;
skin or capable of being absorbed through
one or two-piece chemical-splash suit; dis-
the skin;
posable chemical-resistant overalls).
3. Coveralls. 1 2. Substances with a high degree of hazard
4. Gloves, outer, chemical-resistant. to the skin are known or suspected to be
5. Gloves, inner, chemical-resistant. present, and skin contact is possible; or
6. Boots, outer, chemical-resistant steel 3. Operations are being conducted in con-
toe and shank. fined, poorly ventilated areas, and the ab-
7. Boot-covers, outer, chemical-resistant sence of conditions requiring Level A have
(disposable).1 not yet been determined.
8. Hard hat. 1 II. Level B—Level B protection should be
9. [Reserved] used when:
10. Face shield. 1 1. The type and atmospheric concentration
III. Level C—The concentration(s) and of substances have been identified and re-
type(s) of airborne substance(s) is known and quire a high level of respiratory protection,
the criteria for using air purifying res- but less skin protection;
pirators are met. 2. The atmosphere contains less than 19.5
The following constitute Level C equip- percent oxygen; or
ment; it may be used as appropriate. 3. The presence of incompletely identified
1. Full-face or half-mask, air purifying res- vapors or gases is indicated by a direct-read-
pirators (NIOSH approved). ing organic vapor detection instrument, but
2. Hooded chemical-resistant clothing vapors and gases are not suspected of con-
(overalls; two-piece chemical-splash suit; taining high levels of chemicals harmful to
disposable chemical-resistant overalls). skin or capable of being absorbed through
3. Coveralls. 1 the skin.
4. Gloves, outer, chemical-resistant. NOTE: This involves atmospheres with
5. Gloves, inner, chemical-resistant. IDLH concentrations of specific substances
6. Boots (outer), chemical-resistant steel that present severe inhalation hazards and
toe and shank. 1 that do not represent a severe skin hazard;
7. Boot-covers, outer, chemical-resistant or that do not meet the criteria for use of
(disposable) 1. air-purifying respirators.
8. Hard hat. 1 III. Level C—Level C protection should be
9. Escape mask. 1 used when:
10. Face shield. 1 1. The atmospheric contaminants, liquid
IV. Level D—A work uniform affording splashes, or other direct contact will not ad-
minimal protection, used for nuisance con- versely affect or be absorbed through any ex-
tamination only. posed skin;
The following constitute Level D equip- 2. The types of air contaminants have been
ment; it may be used as appropriate: identified, concentrations measured, and an
1. Coveralls. air-purifying respirator is available that can
2. Gloves. 1 remove the contaminants; and
3. Boots/shoes, chemical-resistant steel toe 3. All criteria for the use of air-purifying
and shank. respirators are met.
4. Boots, outer, chemical-resistant (dispos- IV. Level D—Level D protection should be
able). 1 used when:
1. The atmosphere contains no known haz-
1 Optional, as applicable. ard; and
396
2. Work functions preclude splashes, im- and health responsibilities are for their em-
mersion, or the potential for unexpected in- ployees on the site. Each contractor on the
halation of or contact with hazardous levels site needs to have its own safety and health
of any chemicals. program so structured that it will smoothly
NOTE: As stated before, combinations of interface with the program of the site coor-
personal protective equipment other than dinator or principal contractor.
those described for Levels A, B, C, and D pro- Also those employers involved with treat-
tection may be more appropriate and may be ing, storing or disposal of hazardous waste as
used to provide the proper level of protec- covered in paragraph (p) must have imple-
tion. mented a safety and health program for their
As an aid in selecting suitable chemical employees. This program is to include the
protective clothing, it should be noted that hazard communication program required in
the National Fire Protection Association paragraph (p)(1) and the training required in
(NFPA) has developed standards on chemical paragraphs (p)(7) and (p)(8) as parts of the
protective clothing. The standards that have employers comprehensive overall safety and
been adopted by include: health program. This program is to be in
NFPA 1991—Standard on Vapor-Protective writing.
Suits for Hazardous Chemical Emergencies Each site or workplace safety and health
(EPA Level A Protective Clothing). program will need to include the following:
NFPA 1992—Standard on Liquid Splash- (1) Policy statements of the line of authority
Protective Suits for Hazardous Chemical and accountability for implementing the
Emergencies (EPA Level B Protective Cloth- program, the objectives of the program and
ing). the role of the site safety and health super-
NFPA 1993—Standard on Liquid Splash- visor or manager and staff; (2) means or
Protective Suits for Non-emergency, Non- methods for the development of procedures
flammable Hazardous Chemical Situations for identifying and controlling workplace
(EPA Level B Protective Clothing). hazards at the site; (3) means or methods for
These standards apply documentation and the development and communication to em-
performance requirements to the manufac- ployees of the various plans, work rules,
ture of chemical protective suits. Chemical standard operating procedures and practices
protective suits meeting these requirements that pertain to individual employees and su-
are labelled as compliant with the appro- pervisors; (4) means for the training of super-
priate standard. It is recommended that visors and employees to develop the needed
chemical protective suits that meet these skills and knowledge to perform their work
standards be used. in a safe and healthful manner; (5) means to
anticipate and prepare for emergency situa-
APPENDIX C TO § 1910.120—COMPLIANCE tions; and (6) means for obtaining informa-
GUIDELINES tion feedback to aid in evaluating the pro-
1. Occupational Safety and Health Program. gram and for improving the effectiveness of
Each hazardous waste site clean-up effort the program. The management and employ-
will require an occupational safety and ees should be trying continually to improve
health program headed by the site coordi- the effectiveness of the program thereby en-
nator or the employer’s representative. The hancing the protection being afforded those
purpose of the program will be the protec- working on the site.
tion of employees at the site and will be an Accidents on the site or workplace should
extension of the employer’s overall safety be investigated to provide information on
and health program. The program will need how such occurrences can be avoided in the
to be developed before work begins on the future. When injuries or illnesses occur on
site and implemented as work proceeds as the site or workplace, they will need to be
stated in paragraph (b). The program is to fa- investigated to determine what needs to be
cilitate coordination and communication of done to prevent this incident from occurring
safety and health issues among personnel re- again. Such information will need to be used
sponsible for the various activities which as feedback on the effectiveness of the pro-
will take place at the site. It will provide the gram and the information turned into posi-
overall means for planning and imple- tive steps to prevent any reoccurrence. Re-
menting the needed safety and health train- ceipt of employee suggestions or complaints
ing and job orientation of employees who relating to safety and health issues involved
will be working at the site. The program will with site or workplace activities is also a
provide the means for identifying and con- feedback mechanism that can be used effec-
trolling worksite hazards and the means for tively to improve the program and may serve
monitoring program effectiveness. The pro- in part as an evaluative tool(s).
gram will need to cover the responsibilities For the development and implementation
and authority of the site coordinator or the of the program to be the most effective, pro-
employer’s manager on the site for the safe- fessional safety and health personnel should
ty and health of employees at the site, and be used. Certified Safety Professionals,
the relationships with contractors or support
Board Certified Industrial Hygienists or Reg-

services as to what each employer’s safety istered Professional Safety Engineers are
397
good examples of professional stature for team including the use of plugging and
safety and health managers who will admin- patching equipment and other subject areas.
ister the employer’s program. Officers and leaders who may be expected
2. Training. The training programs for em- to be in charge at an incident should be fully
ployees subject to the requirements of para- knowledgeable of their company’s incident
graph (e) of this standard should address: the command system. They should know where
safety and health hazards employees should and how to obtain additional assistance and
expect to find on hazardous waste clean-up be familiar with the local district’s emer-
sites; what control measures or techniques gency response plan and the state emergency
are effective for those hazards; what moni- response plan.
toring procedures are effective in character- Specialist employees such as technical ex-
izing exposure levels; what makes an effec- perts, medical experts or environmental ex-
tive employer’s safety and health program; perts that work with hazardous materials in
what a site safety and health plan should in- their regular jobs, who may be sent to the
clude; hands on training with personal pro- incident scene by the shipper, manufacturer
tective equipment and clothing they may be or governmental agency to advise and assist
expected to use; the contents of the OSHA the person in charge of the incident should
standard relevant to the employee’s duties have training on an annual basis. Their
and function; and, employee’s responsibil- training should include the care and use of
ities under OSHA and other regulations. Su- personal protective equipment including res-
pervisors will need training in their respon- pirators; knowledge of the incident com-
sibilities under the safety and health pro- mand system and how they are to relate to
gram and its subject areas such as the spill it; and those areas needed to keep them cur-
containment program, the personal protec- rent in their respective field as it relates to
tive equipment program, the medical sur- safety and health involving specific haz-
veillance program, the emergency response ardous substances.
Those skilled support personnel, such as
plan and other areas.
employees who work for public works depart-
The training programs for employees sub- ments or equipment operators who operate
ject to the requirements of paragraph (p) of bulldozers, sand trucks, backhoes, etc., who
this standard should address: the employers may be called to the incident scene to pro-
safety and health program elements impact- vide emergency support assistance, should
ing employees; the hazard communication have at least a safety and health briefing be-
program; the medical surveillance program; fore entering the area of potential or actual
the hazards and the controls for such hazards exposure. These skilled support personnel,
that employees need to know for their job who have not been a part of the emergency
duties and functions. All require annual re- response plan and do not meet the training
fresher training. requirements, should be made aware of the
The training programs for employees cov- hazards they face and should be provided all
ered by the requirements of paragraph (q) of necessary protective clothing and equipment
this standard should address those com- required for their tasks.
petencies required for the various levels of There are two National Fire Protection As-
response such as: the hazards associated with sociation standards, NFPA 472—‘‘Standard
hazardous substances; hazard identification for Professional Competence of Responders
and awareness; notification of appropriate to Hazardous Material Incidents’’ and NFPA
persons; the need for and use of personal pro- 471—‘‘Recommended Practice for Responding
tective equipment including respirators; the to Hazardous Material Incidents’’, which are
decontamination procedures to be used; excellent resource documents to aid fire de-
preplanning activities for hazardous sub- partments and other emergency response or-
stance incidents including the emergency ganizations in developing their training pro-
reponse plan; company standard operating gram materials. NFPA 472 provides guidance
procedures for hazardous substance emer- on the skills and knowledge needed for first
gency responses; the use of the incident com- responder awareness level, first responder
mand system and other subjects. Hands-on operations level, hazmat technicians, and
training should be stressed whenever pos- hazmat specialist. It also offers guidance for
sible. Critiques done after an incident which the officer corp who will be in charge of haz-
include an evaluation of what worked and ardous substance incidents.
what did not and how could the incident be 3. Decontamination. Decontamination pro-
better handled the next time may be counted cedures should be tailored to the specific
as training time. hazards of the site, and may vary in com-
For hazardous materials specialists (usu- plexity and number of steps, depending on
ally members of hazardous materials teams), the level of hazard and the employee’s expo-
the training should address the care, use and/ sure to the hazard. Decontamination proce-
or testing of chemical protective clothing in- dures and PPE decontamination methods
cluding totally encapsulating suits, the med- will vary depending upon the specific sub-
ical surveillance program, the standard oper-
stance, since one procedure or method may

ating procedures for the hazardous materials not work for all substances. Evaluation of
398
decontamination methods and procedures include hazard identification, medical moni-
should be performed, as necessary, to assure toring, environmental surveillance, selec-
that employees are not exposed to hazards tion, use, maintenance, and decontamination
by re-using PPE. References in appendix D of PPE and its associated training.
may be used for guidance in establishing an The written PPE program should include
effective decontamination program. In addi- policy statements, procedures, and guide-
tion, the U.S. Coast Guard’s Manual, ‘‘Policy lines. Copies should be made available to all
Guidance for Response to Hazardous Chem- employees, and a reference copy should be
ical Releases,’’ U.S. Department of Transpor- made available at the worksite. Technical
tation, Washington, DC (COMDTINST data on equipment, maintenance manuals,
M16465.30) is a good reference for establishing relevant regulations, and other essential in-
an effective decontamination program. formation should also be collected and main-
4. Emergency response plans. States, along
tained.
with designated districts within the states,
will be developing or have developed local 6. Incident command system (ICS). Paragraph
emergency response plans. These state and 1910.120(q)(3)(ii) requires the implementation
district plans should be utilized in the emer- of an ICS. The ICS is an organized approach
gency response plans called for in the stand- to effectively control and manage operations
ard. Each employer should assure that its at an emergency incident. The individual in
emergency response plan is compatible with charge of the ICS is the senior official re-
the local plan. The major reference being sponding to the incident. The ICS is not
used to aid in developing the state and local much different than the ‘‘command post’’ ap-
district plans is the Hazardous Materials proach used for many years by the fire serv-
Emergency Planning Guide, NRT–1. The cur- ice. During large complex fires involving sev-
rent Emergency Response Guidebook from eral companies and many pieces of appa-
the U.S. Department of Transportation, ratus, a command post would be established.
CMA’s CHEMTREC and the Fire Service This enabled one individual to be in charge of
Emergency Management Handbook may also managing the incident, rather than having
be used as resources. several officers from different companies
Employers involved with treatment, stor- making separate, and sometimes conflicting,
age, and disposal facilities for hazardous decisions. The individual in charge of the
waste, which have the required contingency command post would delegate responsibility
plan called for by their permit, would not for performing various tasks to subordinate
need to duplicate the same planning ele- officers. Additionally, all communications
ments. Those items of the emergency re- were routed through the command post to
sponse plan that are properly addressed in reduce the number of radio transmissions
the contingency plan may be substituted and eliminate confusion. However, strategy,
into the emergency response plan required in tactics, and all decisions were made by one
1910.120 or otherwise kept together for em- individual.
ployer and employee use. The ICS is a very similar system, except it
5. Personal protective equipment programs. is implemented for emergency response to
The purpose of personal protective clothing all incidents, both large and small, that in-
and equipment (PPE) is to shield or isolate volve hazardous substances.
individuals from the chemical, physical, and
For a small incident, the individual in
biologic hazards that may be encountered at
charge of the ICS may perform many tasks
a hazardous substance site.
of the ICS. There may not be any, or little,
As discussed in appendix B, no single com-
delegation of tasks to subordinates. For ex-
bination of protective equipment and cloth-
ample, in response to a small incident, the
ing is capable of protecting against all haz-
individual in charge of the ICS, in addition
ards. Thus PPE should be used in conjunc-
tion with other protective methods and its to normal command activities, may become
effectiveness evaluated periodically. the safety officer and may designate only
The use of PPE can itself create significant one employee (with proper equipment) as a
worker hazards, such as heat stress, physical back-up to provide assistance if needed.
and psychological stress, and impaired vi- OSHA does recommend, however, that at
sion, mobility, and communication. For any least two employees be designated as back-
given situation, equipment and clothing up personnel since the assistance needed
should be selected that provide an adequate may include rescue.
level of protection. However, over-protec- To illustrate the operation of the ICS, the
tion, as well as under-protection, can be haz- following scenario might develop during a
ardous and should be avoided where possible. small incident, such as an overturned tank
Two basic objectives of any PPE program truck with a small leak of flammable liquid.
should be to protect the wearer from safety The first responding senior officer would
and health hazards, and to prevent injury to implement and take command of the ICS.
the wearer from incorrect use and/or mal- That person would size-up the incident and
function of the PPE. To accomplish these determine if additional personnel and appa-
goals, a comprehensive PPE program should ratus were necessary; would determine what
399
actions to take to control the leak; and, de- triage area; hazard monitoring plan (air con-
termine the proper level of personal protec- taminate monitoring, etc.); decontamination
tive equipment. If additional assistance is procedures and area; and other relevant
not needed, the individual in charge of the areas. This plan should be a part of the em-
ICS would implement actions to stop and ployer’s emergency response plan or an ex-
control the leak using the fewest number of tension of it to the specific site.
personnel that can effectively accomplish 8. Medical surveillance programs. Workers
the tasks. The individual in charge of the handling hazardous substances may be ex-
ICS then would designate himself as the safe- posed to toxic chemicals, safety hazards, bio-
ty officer and two other employees as a logic hazards, and radiation. Therefore, a
back-up in case rescue may become nec- medical surveillance program is essential to
essary. In this scenario, decontamination assess and monitor workers’ health and fit-
procedures would not be necessary. ness for employment in hazardous waste op-
A large complex incident may require erations and during the course of work; to
many employees and difficult, time-con- provide emergency and other treatment as
suming efforts to control. In these situa- needed; and to keep accurate records for fu-
tions, the individual in charge of the ICS will ture reference.
want to delegate different tasks to subordi- The Occupational Safety and Health Guid-
nates in order to maintain a span of control ance Manual for Hazardous Waste Site Activi-
that will keep the number of subordinates, ties developed by the National Institute for
that are reporting, to a manageable level. Occupational Safety and Health (NIOSH),
Delegation of task at large incidents may the Occupational Safety and Health Admin-
be by location, where the incident scene is istration (OSHA), the U.S. Coast Guard
divided into sectors, and subordinate officers (USCG), and the Environmental Protection
coordinate activities within the sector that Agency (EPA); October 1985 provides an ex-
they have been assigned. cellent example of the types of medical test-
Delegation of tasks can also be by func- ing that should be done as part of a medical
tion. Some of the functions that the indi- surveillance program.
vidual in charge of the ICS may want to del- 9. New Technology and Spill Containment
egate at a large incident are: medical serv- Programs. Where hazardous substances may
ices; evacuation; water supply; resources be released by spilling from a container that
(equipment, apparatus); media relations; will expose employees to the hazards of the
safety; and, site control (integrate activities materials, the employer will need to imple-
with police for crowd and traffic control). ment a program to contain and control the
Also for a large incident, the individual in spilled material. Diking and ditching, as well
charge of the ICS will designate several em- as use of absorbents like diatomaceous
ployees as back-up personnel; and a number earth, are traditional techniques which have
of safety officers to monitor conditions and proven to be effective over the years. How-
recommend safety precautions. ever, in recent years new products have come
Therefore, no matter what size or com- into the marketplace, the use of which com-
plexity an incident may be, by implementing plement and increase the effectiveness of
an ICS there will be one individual in charge these traditional methods. These new prod-
who makes the decisions and gives direc- ucts also provide emergency responders and
tions; and, all actions, and communications others with additional tools or agents to use
are coordinated through one central point of to reduce the hazards of spilled materials.
command. Such a system should reduce con- These agents can be rapidly applied over a
fusion, improve safety, organize and coordi- large area and can be uniformly applied or
nate actions, and should facilitate effective otherwise can be used to build a small dam,
management of the incident. thus improving the workers’ ability to con-
7. Site Safety and Control Plans. The safety trol spilled material. These application tech-
and security of response personnel and oth- niques enhance the intimate contact be-
ers in the area of an emergeny response inci- tween the agent and the spilled material al-
dent site should be of primary concern to the lowing for the quickest effect by the agent or
incident commander. The use of a site safety quickest control of the spilled material.
and control plan could greatly assist those in Agents are available to solidify liquid spilled
charge of assuring the safety and health of materials, to suppress vapor generation from
employees on the site. spilled materials, and to do both. Some spe-
A comprehensive site safety and control cial agents, which when applied as rec-
plan should include the following: summary ommended by the manufacturer, will react
analysis of hazards on the site and a risk in a controlled manner with the spilled ma-
analysis of those hazards; site map or terial to neutralize acids or caustics, or
sketch; site work zones (clean zone, transi- greatly reduce the level of hazard of the
tion or decontamination zone, work or hot spilled material.
zone); use of the buddy system; site commu- There are several modern methods and de-
nications; command post or command cen- vices for use by emergency response per-
ter; standard operating procedures and safe
sonnel or others involved with spill control

work practices; medical assistance and efforts to safely apply spill control agents to
400
control spilled material hazards. These in- and care of spill control equipment; and in
clude portable pressurized applicators simi- the associated hazards and control of such
lar to hand-held portable fire extinguishing hazards of spill containment work.
devices, and nozzle and hose systems similar These new tools and agents are the things
to portable fire fighting foam systems which that employers will want to evaluate as part
allow the operator to apply the agent with- of their new technology program. The treat-
out having to come into contact with the ment of spills of hazardous substances or
spilled material. The operator is able to wastes at an emergency incident as part of
apply the agent to the spilled material from the immediate spill containment and control
a remote position. efforts is sometimes acceptable to EPA and a
The solidification of liquids provides for permit exception is described in 40 CFR
rapid containment and isolation of haz- 264.1(g)(8) and 265.1(c)(11).
ardous substance spills. By directing the
agent at run-off points or at the edges of the APPENDIX D TO § 1910.120—REFERENCES
spill, the reactant solid will automatically The following references may be consulted
create a barrier to slow or stop the spread of for further information on the subject of this
the material. Clean-up of hazardous substandard:
stances is greatly improved when solidifying 1. OSHA Instruction DFO CPL 2.70—Janu-
agents, acid or caustic neutralizers, or acti- ary 29, 1986, Special Emphasis Program: Haz-
vated carbon adsorbents are used. Properly ardous Waste Sites.
applied, these agents can totally solidify liq- 2. OSHA Instruction DFO CPL 2–2.37A—
uid hazardous substances or neutralize or ab- January 29, 1986, Technical Assistance and
sorb them, which results in materials which Guidelines for Superfund and Other Hazardous
are less hazardous and easier to handle, Waste Site Activities.
transport, and dispose of. The concept of 3. OSHA Instruction DTS CPL 2.74—Janu-
spill treatment, to create less hazardous sub- ary 29, 1986, Hazardous Waste Activity Form,
stances, will improve the safety and level of OSHA 175.
protection of employees working at spill 4. Hazardous Waste Inspections Reference
clean-up operations or emergency response Manual, U.S. Department of Labor, Occupa-
operations to spills of hazardous substances. tional Safety and Health Administration,
The use of vapor suppression agents for 1986.
volatile hazardous substances, such as flam- 5. Memorandum of Understanding Among
mable liquids and those substances which the National Institute for Occupational Safe-
present an inhalation hazard, is important ty and Health, the Occupational Safety and
for protecting workers. The rapid and uni- Health Administration, the United States
form distribution of the agent over the sur- Coast Guard, and the United States Environ-
face of the spilled material can provide quick mental Protection Agency, Guidance for
vapor knockdown. There are temporary and Worker Protection During Hazardous Waste Site
long-term foam-type agents which are effec- Investigations and Clean-up and Hazardous
tive on vapors and dusts, and activated car- Substance Emergencies. December 18, 1980.
bon adsorption agents which are effective for 6. National Priorities List, 1st Edition, Octo-
vapor control and soaking-up of the liquid. ber 1984; U.S. Environmental Protection
The proper use of hose lines or hand-held Agency, Revised periodically.
portable pressurized applicators provides 7. The Decontamination of Response Per-
good mobility and permits the worker to de- sonnel, Field Standard Operating Procedures
liver the agent from a safe distance without (F.S.O.P.) 7; U.S. Environmental Protection
having to step into the untreated spilled ma- Agency, Office of Emergency and Remedial
terial. Some of these systems can be re- Response, Hazardous Response Support Divi-
charged in the field to provide coverage of sion, December 1984.
larger spill areas than the design limits of a 8. Preparation of a Site Safety Plan, Field
single charged applicator unit. Some of the Standard Operating Procedures (F.S.O.P.) 9;
more effective agents can solidify the liquid U.S. Environmental Protection Agency, Of-
flammable hazardous substances and at the fice of Emergency and Remedial Response,
same time elevate the flashpoint above 140 Hazardous Response Support Division, April
°F so the resulting substance may be handled 1985.
as a nonhazardous waste material if it meets 9. Standard Operating Safety Guidelines; U.S.
the U.S. Environmental Protection Agency’s Environmental Protection Agency, Office of
40 CFR part 261 requirements (See particu- Emergency and Remedial Response, Haz-
larly § 261.21). ardous Response Support Division, Environ-
All workers performing hazardous sub- mental Response Team; November 1984.
stance spill control work are expected to 10. Occupational Safety and Health Guidance
wear the proper protective clothing and Manual for Hazardous Waste Site Activities,
equipment for the materials present and to National Institute for Occupational Safety
follow the employer’s established standard and Health (NIOSH), Occupational Safety
operating procedures for spill control. All in- and Health Administration (OSHA), U.S.
Coast Guard (USCG), and Environmental
volved workers need to be trained in the es-

tablished operating procedures; in the use Protection Agency (EPA); October 1985.
401
11. Protecting Health and Safety at Haz- riculum for any specific employer. Site-spe-
ardous Waste Sites: An Overview, U.S. Envi- cific training programs must be developed on
ronmental Protection Agency, EPA/625/9–85/ the basis of a needs assessment of the haz-
006; September 1985. ardous waste site, RCRA/TSDF, or emer-
12. Hazardous Waste Sites and Hazardous gency response operation in accordance with
Substance Emergencies, NIOSH Worker Bul- 29 CFR 1910.120.
letin, U.S. Department of Health and Human It is noted that the legal requirements are
Services, Public Health Service, Centers for set forth in the regulatory text of § 1910.120.
Disease Control, National Institute for Occu- The guidance set forth here presents a highly
pational Safety and Health; December 1982. effective program that in the areas covered
13. Personal Protective Equipment for Haz- would meet or exceed the regulatory require-
ardous Materials Incidents: A Selection Guide; ments. In addition, other approaches could
U.S. Department of Health and Human Serv- meet the regulatory requirements.
ices, Public Health Service, Centers for Dis-
ease Control, National Institute for Occupa- Suggested General Criteria
tional Safety and Health; October 1984.
Definitions:
14. Fire Service Emergency Management
‘‘Competent’’ means possessing the skills,
Handbook, International Association of Fire
knowledge, experience, and judgment to per-
Chiefs Foundation, 101 East Holly Avenue,
form assigned tasks or activities satisfac-
Unit 10B, Sterling, VA 22170, January 1985.
torily as determined by the employer.
15. Emergency Response Guidebook, U.S De-
partment of Transportation, Washington, ‘‘Demonstration’’ means the showing by
DC, 1987. actual use of equipment or procedures.
16. Report to the Congress on Hazardous Ma- ‘‘Hands-on training’’ means training in a
terials Training, Planning and Preparedness, simulated work environment that permits
Federal Emergency Management Agency, each student to have experience performing
Washington, DC, July 1986. tasks, making decisions, or using equipment
17. Workbook for Fire Command, Alan V. appropriate to the job assignment for which
Brunacini and J. David Beageron, National the training is being conducted.
Fire Protection Association, Batterymarch ‘‘Initial training’’ means training required
Park, Quincy, MA 02269, 1985. prior to beginning work.
18. Fire Command, Alan V. Brunacini, Na- ‘‘Lecture’’ means an interactive discourse
tional Fire Protection Association, with a class lead by an instructor.
Batterymarch Park,, Quincy, MA 02269, 1985. ‘‘Proficient’’ means meeting a stated level
19. Incident Command System, Fire Protec- of achievement.
tion Publications, Oklahoma State Univer- ‘‘Site-specific’’ means individual training
sity, Stillwater, OK 74078, 1983. directed to the operations of a specific job
20. Site Emergency Response Planning, Chem- site.
ical Manufacturers Association, Washington, ‘‘Training hours’’ means the number of
DC 20037, 1986. hours devoted to lecture, learning activities,
21. Hazardous Materials Emergency Planning small group work sessions, demonstration,
Guide, NRT–1, Environmental Protection evaluations, or hands-on experience.
Agency, Washington, DC, March 1987. Suggested core criteria:
22. Community Teamwork: Working Together
1. Training facility. The training facility
to Promote Hazardous Materials Transportation
should have available sufficient resources,
Safety. U.S. Department of Transportation,
equipment, and site locations to perform di-
Washington, DC, May 1983.
23. Disaster Planning Guide for Business and dactic and hands-on training when appro-
Industry, Federal Emergency Management priate. Training facilities should have suffi-
Agency, Publication No. FEMA 141, August cient organization, support staff, and serv-
1987. ices to conduct training in each of the
courses offered.
(The Office of Management and Budget has 2. Training Director. Each training program
approved the information collection require- should be under the direction of a training
ments in this section under control number director who is responsible for the program.
1218–0139) The Training Director should have a min-
imum of two years of employee education ex-
APPENDIX E TO § 1910.120—TRAINING perience.
CURRICULUM GUIDELINES
3. Instructors. Instructors should be deem
The following non-mandatory general cri- competent on the basis of previous docu-
teria may be used for assistance in devel- mented experience in their area of instruc-
oping site-specific training curriculum used tion, successful completion of a ‘‘train-the-
to meet the training requirements of 29 CFR trainer’’ program specific to the topics they
1910.120(e); 29 CFR 1910.120(p)(7), (p)(8)(iii); will teach, and an evaluation of instruc-
and 29 CFR 1910.120(q)(6), (q)(7), and (q)(8). tional competence by the Training Director.
These are generic guidelines and they are Instructors should be required to maintain
not presented as a complete training cur- professional competency by participating in
402
continuing education or professional devel- The content of the written test or of the
opment programs or by completing success- skill demonstration shall be relevant to the
fully an annual refresher course and having objectives of the course. The written test
an annual review by the Training Director. and skill demonstration should be updated as
The annual review by the Training Direc- necessary to reflect changes in the cur-
tor should include observation of an instruc- riculum and any update should be approved
tor’s delivery, a review of those observations by the Training Director.
with the trainer, and an analysis of any in- The proficiency assessment methods, re-
structor or class evaluations completed by gardless of the approach or combination of
the students during the previous year. approaches used, should be justified, docu-
4. Course materials. The Training Director mented and approved by the Training Direc-
should approve all course materials to be tor.
used by the training provider. Course mate- The proficiency of those taking the addi-
rials should be reviewed and updated at least tional courses for supervisors should be eval-
annually. Materials and equipment should be uated and documented by using proficiency
in good working order and maintained prop- assessment methods acceptable to the Train-
erly. ing Director. These proficiency assessment
All written and audio-visual materials in methods must reflect the additional respon-
training curricula should be peer reviewed by sibilities borne by supervisory personnel in
technically competent outside reviewers or hazardous waste operations or emergency re-
by a standing advisory committee. sponse.
Reviews should possess expertise in the fol- 8. Course certificate. Written documentation
lowing disciplines were applicable: occupa- should be provided to each student who sat-
tional health, industrial hygiene and safety, isfactorily completes the training course.
chemical/environmental engineering, em- The documentation should include:
ployee education, or emergency response. a. Student’s name.
One or more of the peer reviewers should be b. Course title.
an employee experienced in the work activi- c. Course date.
ties to which the training is directed. d. Statement that the student has success-
5. Students. The program for accepting stu- fully completed the course.
dents should include: e. Name and address of the training pro-
a. Assurance that the student is or will be vider.
involved in work where chemical exposures f. An individual identification number for
are likely and that the student possesses the the certificate.
skills necessary to perform the work. g. List of the levels of personal protective
b. A policy on the necessary medical clear- equipment used by the student to complete
ance. the course.
6. Ratios. Student-instructor ratios should This documentation may include a certifi-
not exceed 30 students per instructor. Hands- cate and an appropriate wallet-sized lami-
on activity requiring the use of personal pro- nated card with a photograph of the student
tective equipment should have the following and the above information. When such
student-instructor ratios. For Level C or course certificate cards are used, the indi-
Level D personal protective equipment the vidual identification number for the training
ratio should be 10 students per instructor. certificate should be shown on the card.
For Level A or Level B personal protective 9. Recordkeeping. Training providers should
equipment the ratio should be 5 students per maintain records listing the dates courses
instructor. were presented, the names of the individual
7. Proficiency assessment. Proficiency should course attenders, the names of those stu-
be evaluated and documented by the use of a dents successfully completing each course,
written assessment and a skill demonstra- and the number of training certificates
tion selected and developed by the Training issued to each successful student. These
Director and training staff. The assessment records should be maintained for a minimum
and demonstration should evaluate the of five years after the date an individual par-
knowledge and individual skills developed in ticipated in a training program offered by
the course of training. The level of minimum the training provider. These records should
achievement necessary for proficiency shall be available and provided upon the student’s
be specified in writing by the Training Direc- request or as mandated by law.
tor. 10. Program quality control. The Training
If a written test is used, there should be a Director should conduct or direct an annual
minimum of 50 questions. If a written test is written audit of the training program. Pro-
used in combination with a skills demonstra- gram modifications to address deficiencies, if
tion, a minimum of 25 questions should be any, should be documented, approved, and
used. If a skills demonstration is used, the implemented by the training provider. The
tasks chosen and the means to rate success- audit and the program modification docu-
ful completion should be fully documented ments should be maintained at the training
by the Training Director. facility.
403
Suggested Program Quality Control Criteria 11. Adequacy of the organization and ap-
propriate resources assigned to assure appro-
Factors listed here are suggested criteria
priate training.
for determining the quality and appropriate-
12. In the case of multiple-site training
ness of employee health and safety training
programs, adequacy of satellite centers man-
for hazardous waste operations and emer-
agement.
gency response.
C. Training facilities and resources.
A. Training Plan.
Adequacy and appropriateness of the facili-
Adequacy and appropriateness of the train-
ties and resources for supporting the train-
ing program’s curriculum development, in-
ing program should be considered, including,
structor training, distribution of course ma-
1. Space and equipment to conduct the
terials, and direct student training should be
training.
considered, including
2. Facilities for representative hands-on
1. The duration of training, course content,
training.
and course schedules/agendas;
3. In the case of multiple-site programs,
2. The different training requirements of
equipment and facilities at the satellite cen-
the various target populations, as specified
ters.
in the appropriate generic training cur-
4. Adequacy and appropriateness of the
riculum;
quality control and evaluations program to
3. The process for the development of cur-
account for instructor performance.
riculum, which includes appropriate tech-
nical input, outside review, evaluation, pro-
quality control and evaluation program to
gram pretesting.
ensure appropriate course evaluation, feed-
4. The adequate and appropriate inclusion
back, updating, and corrective action.
of hands-on, demonstration, and instruction
6. Adequacy and appropriateness of dis-
methods;
ciplines and expertise being used within the
5. Adequate monitoring of student safety,
quality control and evaluation program.
progress, and performance during the train-
ing.
role of student evaluations to provide feed-
B. Program management, Training Director, back for training program improvement.
staff, and consultants.
D. Quality control and evaluation.
Adequacy and appropriateness of staff per-
Adequacy and appropriateness of quality
formance and delivering an effective training
control and evaluation plans for training
program should be considered, including
programs should be considered, including:
1. Demonstration of the training director’s
1. A balanced advisory committee and/or
leadership in assuring quality of health and
competent outside reviewers to give overall
safety training.
policy guidance;
2. Demonstration of the competency of the
2. Clear and adequate definition of the
staff to meet the demands of delivering high
composition and active programmatic role of
quality hazardous waste employee health
the advisory committee or outside reviewers.
and safety training.
3. Adequacy of the minutes or reports of
3. Organization charts establishing clear
the advisory committee or outside reviewers’
lines of authority.
4. Clearly defined staff duties including the meetings or written communication.
relationship of the training staff to the over- 4. Adequacy and appropriateness of the
all program. quality control and evaluations program to
5. Evidence that the training organiza- account for instructor performance.
tional structure suits the needs of the train- 5. Adequacy and appropriateness of the
ing program. quality control and evaluation program to
6. Appropriateness and adequacy of the ensure appropriate course evaluation, feed-
training methods used by the instructors. back, updating, and corrective action.
7. Sufficiency of the time committed by 6. Adequacy and appropriateness of dis-
the training director and staff to the train- ciplines and expertise being used within the
ing program. quality control and evaluation program.
8. Adequacy of the ratio of training staff to 7. Adequacy and appropriateness of the
students. role of student evaluations to provide feed-
9. Availability and commitment of the back for training program improvement.
training program of adequate human and E. Students
equipment resources in the areas of Adequacy and appropriateness of the pro-
a. Health effects, gram for accepting students should be con-
b. Safety, sidered, including
c. Personal protective equipment (PPE), 1. Assurance that the student already pos-
d. Operational procedures, sess the necessary skills for their job, includ-
e. Employee protection practices/proce- ing necessary documentation.
dures. 2. Appropriateness of methods the program
10. Appropriateness of management con- uses to ensure that recruits are capable of
trols. satisfactorily completing training.
404
3. Review and compliance with any medical (2) The content of a medical surveillance
clearance policy. program as outlined in 29 CFR 1910.120(f).
F. Institutional Environment and Administra- (3) The content of an effective site safety
tive Support and health plan consistent with the require-
The adequacy and appropriateness of the ments of 29 CFR 1910.120(b)(4)(ii).
institutional environment and administra- (4) Emergency response plan and proce-
tive support system for the training program dures as outlined in 29 CFR 1910.38 and 29
should be considered, including CFR 1910.120(l).
1. Adequacy of the institutional commit- (5) Adequate illumination.
ment to the employee training program. (6) Sanitation recommendation and equip-
2. Adequacy and appropriateness of the ad- ment.
ministrative structure and administrative (7) Review and explanation of OSHA’s haz-
support. ard-communication standard (29 CFR
G. Summary of Evaluation Questions 1910.1200) and lock-out-tag-out standard (29
Key questions for evaluating the quality CFR 1910.147).
and appropriateness of an overall training (8) Review of other applicable standards in-
program should include the following: cluding but not limited to those in the con-
1. Are the program objectives clearly stat- struction standards (29 CFR Part 1926).
ed? (9) Rights and responsibilities of employers
2. Is the program accomplishing its objec- and employees under applicable OSHA and
tives? EPA laws.
3. Are appropriate facilities and staff avail- b. Technical knowledge.
able? (1) Type of potential exposures to chem-
4. Is there an appropriate mix of classroom, ical, biological, and radiological hazards;
demonstration, and hands-on training? types of human responses to these hazards
5. Is the program providing quality em-
and recognition of those responses; prin-
ployee health and safety training that fully
ciples of toxicology and information about
meets the intent of regulatory requirements?
acute and chronic hazards; health and safety
6. What are the program’s main strengths?
considerations of new technology.
7. What are the program’s main weak-
nesses? (2) Fundamentals of chemical hazards in-
8. What is recommended to improve the cluding but not limited to vapor pressure,
program? boiling points, flash points, ph, other phys-
9. Are instructors instructing according to ical and chemical properties.
their training outlines? (3) Fire and explosion hazards of chemi-
10. Is the evaluation tool current and ap- cals.
propriate for the program content? (4) General safety hazards such as but not
11. Is the course material current and rel- limited to electrical hazards, powered equip-
evant to the target group? ment hazards, motor vehicle hazards, walk-
ing-working surface hazards, excavation haz-
Suggested Training Curriculum Guidelines ards, and hazards associated with working in
The following training curriculum guide- hot and cold temperature extremes.
lines are for those operations specifically (5) Review and knowledge of confined space
identified in 29 CFR 1910.120 as requiring entry procedures in 29 CFR 1910.146.
training. Issues such as qualifications of in- (6) Work practices to minimize employee
structors, training certification, and similar risk from site hazards.
criteria appropriate to all categories of oper- (7) Safe use of engineering controls, equip-
ations addressed in 1910.120 have been cov- ment, and any new relevant safety tech-
ered in the preceding section and are not re- nology or safety procedures.
addressed in each of the generic guidelines. (8) Review and demonstration of com-
Basic core requirements for training pro- petency with air sampling and monitoring
grams that are addressed include equipment that may be used in a site moni-
1. General Hazardous Waste Operations toring program.
2. RCRA operations—Treatment, storage, (9) Container sampling procedures and
and disposal facilities. safeguarding; general drum and container
3. Emergency Response. handling procedures including special re-
A. General Hazardous Waste Operations and quirement for laboratory waste packs,
Site-specific Training shock-sensitive wastes, and radioactive
1. Off-site training.Training course content wastes.
for hazardous waste operations, required by (10) The elements of a spill control pro-
29 CFR 1910.120(e), should include the fol- gram.
lowing topics or procedures: (11) Proper use and limitations of material
a. Regulatory knowledge. handling equipment.
(1) An review of 29 CFR 1910.120 and the (12) Procedures for safe and healthful prep-
core elements of an occupational safety and aration of containers for shipping and trans-
health program. port.
405
(13) Methods of communication including (f) Review of newly developed air and con-
those used while wearing respiratory protec- taminant monitoring equipment.
tion. 3. On-site training.
c. Technical skills. a. The employer should provide employees
(1) Selection, use maintenance, and limita- engaged in hazardous waste site activities
tions of personal protective equipment in- with information and training prior to ini-
cluding the components and procedures for tial assignment into their work area, as fol-
carrying out a respirator program to comply lows:
with 29 CFR 1910.134. (1) The requirements of the hazard commu-
(2) Instruction in decontamination pro- nication program including the location and
grams including personnel, equipment, and availability of the written program, required
hardware; hands-on training including level lists of hazardous chemicals, and material
A, B, and C ensembles and appropriate de- safety data sheets.
contamination lines; field activities includ- (2) Activities and locations in their work
ing the donning and doffing of protective area where hazardous substance may be
equipment to a level commensurate with the present.
employee’s anticipated job function and re- (3) Methods and observations that may be
sponsibility and to the degree required by used to detect the present or release of a haz-
potential hazards. ardous chemical in the work area (such as
(3) Sources for additional hazard informa- monitoring conducted by the employer, con-
tion; exercises using relevant manuals and tinuous monitoring devices, visual appear-
hazard coding systems. ances, or other evidence (sight, sound or
smell) of hazardous chemicals being released,
d. Additional suggested items.
and applicable alarms from monitoring de-
(1) A laminated, dated card or certificate
vices that record chemical releases.
with photo, denoting limitations and level of
(4) The physical and health hazards of sub-
protection for which the employee is trained
stances known or potentially present in the
should be issued to those students success-
work area.
fully completing a course.
(5) The measures employees can take to
(2) Attendance should be required at all
help protect themselves from work-site haz-
training modules, with successful comple-
ards, including specific procedures the em-
tion of exercises and a final written or oral
ployer has implemented.
examination with at least 50 questions. (6) An explanation of the labeling system
(3) A minimum of one-third of the program
and material safety data sheets and how em-
should be devoted to hands-on exercises. ployees can obtain and use appropriate haz-
(4) A curriculum should be established for
ard information.
the 8-hour refresher training required by 29 (7) The elements of the confined space pro-
CFR 1910.120(e)(8), with delivery of such gram including special PPE, permits, moni-
courses directed toward those areas of pre- toring requirements, communication proce-
vious training that need improvement or re- dures, emergency response, and applicable
emphasis. lock-out procedures.
(5) A curriculum should be established for b. The employer should provide hazardous
the required 8-hour training for supervisors. waste employees information and training
Demonstrated competency in the skills and and should provide a review and access to
knowledge provided in a 40-hour course the site safety and plan as follows:
should be a prerequisite for supervisor train- (1) Names of personnel and alternate re-
ing. sponsible for site safety and health.
2. Refresher training. (2) Safety and health hazards present on
The 8-hour annual refresher training re- the site.
quired in 29 CFR 1910.120(e)(8) should be con- (3) Selection, use, maintenance, and limi-
ducted by qualified training providers. Re- tations of personal protective equipment
fresher training should include at a min- specific to the site.
imum the following topics and procedures: (4) Work practices by which the employee
(a) Review of and retraining on relevant can minimize risks from hazards.
topics covered in the 40-hour program, as ap- (5) Safe use of engineering controls and
propriate, using reports by the students on equipment available on site.
their work experiences. (6) Safe decontamination procedures estab-
(b) Update on developments with respect to lished to minimize employee contact with
material covered in the 40-hour course. hazardous substances, including:
(c) Review of changes to pertinent provi- (A) Employee decontamination,
sions of EPA or OSHA standards or laws. (B) Clothing decontamination, and
(d) Introduction of additional subject areas (C) Equipment decontamination.
as appropriate. (7) Elements of the site emergency re-
(e) Hands-on review of new or altered PPE sponse plan, including:
or decontamination equipment or proce- (A) Pre-emergency planning.
dures. Review of new developments in per- (B) Personnel roles and lines of authority
sonal protective equipment. and communication.
406
(C) Emergency recognition and prevention. (c) General safety hazards including those
(D) Safe distances and places of refuge. associated with electrical hazards, powered
(E) Site security and control. equipment hazards, lock-out-tag-out proce-
(F) Evacuation routes and procedures. dures, motor vehicle hazards and walking-
(G) Decontamination procedures not cov- working surface hazards.
ered by the site safety and health plan. (d) Confined-space hazards and procedures.
(H) Emergency medical treatment and first (e) Work practices to minimize employee
aid. risk from workplace hazards.
(I) Emergency equipment and procedures (f) Emergency response plan and proce-
for handling emergency incidents. dures including first aid meeting the require-
c. The employer should provide hazardous ments of paragraph (p)(8).
waste employees information and training (g) A review of procedures to minimize ex-
on personal protective equipment used at the posure to hazardous waste and various type
site, such as the following: of waste streams, including the materials
(1) PPE to be used based upon known or an- handling program and spill containment pro-
ticipated site hazards. gram.
(2) PPE limitations of materials and con- (h) A review of hazard communication pro-
struction; limitations during temperature grams meeting the requirements of 29 CFR
extremes, heat stress, and other appropriate 1910.1200.
medical considerations; use and limitations (i) A review of medical surveillance pro-
of respirator equipment as well as docu- grams meeting the requirements of 29 CFR
mentation procedures as outlined in 29 CFR 1910.120(p)(3) including the recognition of
1910.134. signs and symptoms of overexposure to haz-
(3) PPE inspection procedures prior to, ardous substance including known syner-
during, and after use. gistic interactions.
(4) PPE donning and doffing procedures. (j) A review of decontamination programs
(5) PPE decontamination and disposal pro- and procedures meeting the requirements of
cedures. 29 CFR 1910.120(p)(4).
(6) PPE maintenance and storage. (k) A review of an employer’s requirements
(7) Task duration as related to PPE limita- to implement a training program and its ele-
tions. ments.
d. The employer should instruct the em- (l) A review of the criteria and programs
ployee about the site medical surveillance for proper selection and use of personal pro-
program relative to the particular site, in- tective equipment, including respirators.
cluding (m) A review of the applicable appendices
(1) Specific medical surveillance programs to 29 CFR 1910.120.
that have been adapted for the site. (n) Principles of toxicology and biological
(2) Specific signs and symptoms related to monitoring as they pertain to occupational
exposure to hazardous materials on the site. health.
(3) The frequency and extent of periodic (o) Rights and responsibilities of employ-
medical examinations that will be used on ees and employers under applicable OSHA
the site. and EPA laws.
(4) Maintenance and availability of (p) Hands-on exercises and demonstrations
records. of competency with equipment to illustrate
(5) Personnel to be contacted and proce- the basic equipment principles that may be
dures to be followed when signs and symp- used during the performance of work duties,
toms of exposures are recognized. including the donning and doffing of PPE.
e. The employees will review and discuss (q) Sources of reference, efficient use of
the site safety plan as part of the training relevant manuals, and knowledge of hazard
program. The location of the site safety plan coding systems to include information con-
and all written programs should be discussed tained in hazardous waste manifests.
with employees including a discussion of the (r) At least 8 hours of hands-on training.
mechanisms for access, review, and ref- (s) Training in the job skills required for
erences described. an employee’s job function and responsi-
B. RCRA Operations Training for Treatment, bility before they are permitted to partici-
Storage and Disposal Facilities. pate in or supervise field activities.
1. As a minimum, the training course re- 2. The individual employer should provide
quired in 29 CFR 1910.120 (p) should include hazardous waste employees with information
the following topics: and training prior to an employee’s initial
(a) Review of the applicable paragraphs of assignment into a work area. The training
29 CFR 1910.120 and the elements of the em- and information should cover the following
ployer’s occupational safety and health plan. topics:
(b) Review of relevant hazards such as, but (a) The Emergency response plan and pro-
not limited to, chemical, biological, and ra- cedures including first aid.
diological exposures; fire and explosion haz- (b) A review of the employer’s hazardous
ards; thermal extremes; and physical haz- waste handling procedures including the ma-
ards. terials handling program and elements of the
407
spill containment program, location of spill or potential release of hazardous substances
response kits or equipment, and the names of in the community.
those trained to respond to releases. a. General considerations.
(c) The hazardous communication program Emergency response organizations are re-
meeting the requirements of 29 CFR quired to consider the topics listed in
1910.1200. § 1910.120(q)(6). Emergency response organiza-
(d) A review of the employer’s medical sur- tions may use some or all of the following
veillance program including the recognition topics to supplement those mandatory topics
of signs and symptoms of exposure to rel- when developing their response training pro-
evant hazardous substance including known grams. Many of the topics would require an
synergistic interactions. interaction between the response provider
(e) A review of the employer’s decon- and the individuals responsible for the site
tamination program and procedures. where the response would be expected.
(f) An review of the employer’s training (1) Hazard recognition, including:
program and the parties responsible for that (A) Nature of hazardous substances
program. present,
(g) A review of the employer’s personal (B) Practical applications of hazard rec-
protective equipment program including the ognition, including presentations on biology,
proper selection and use of PPE based upon chemistry, and physics.
specific site hazards. (2) Principles of toxicology, biological
(h) All relevant site-specific procedures ad- monitoring, and risk assessment.
dressing potential safety and health hazards. (3) Safe work practices and general site
This may include, as appropriate, biological safety.
and radiological exposures, fire and explo- (4) Engineering controls and hazardous
sion hazards, thermal hazards, and physical waste operations.
hazards such as electrical hazards, powered (5) Site safety plans and standard oper-
equipment hazards, lock-out-tag-out haz- ating procedures.
ards, motor vehicle hazards, and walking- (6) Decontamination procedures and prac-
working surface hazards. tices.
(i) Safe use engineering controls and equip- (7) Emergency procedures, first aid, and
ment on site. self-rescue.
(j) Names of personnel and alternates re- (8) Safe use of field equipment.
sponsible for safety and health. (9) Storage, handling, use and transpor-
C. Emergency response training. tation of hazardous substances.
Federal OSHA standards in 29 CFR (10) Use, care, and limitations of personal
1910.120(q) are directed toward private sector protective equipment.
emergency responders. Therefore, the guide- (11) Safe sampling techniques.
lines provided in this portion of the appendix (12) Rights and responsibilities of employ-
are directed toward that employee popu- ees under OSHA and other related laws con-
lation. However, they also impact indirectly cerning right-to-know, safety and health,
through State OSHA or USEPA regulations compensations and liability.
some public sector emergency responders. (13) Medical monitoring requirements.
Therefore, the guidelines provided in this (14) Community relations.
portion of the appendix may be applied to b. Suggested criteria for specific courses.
both employee populations. (1) First responder awareness level.
States with OSHA state plans must cover (A) Review of and demonstration of com-
their employees with regulations at least as petency in performing the applicable skills
effective as the Federal OSHA standards. of 29 CFR 1910.120(q).
Public employees in states without approved (B) Hands-on experience with the U.S. De-
state OSHA programs covering hazardous partment of Transportation’s Emergency Re-
waste operations and emergency response sponse Guidebook (ERG) and familiarization
are covered by the U.S. EPA under 40 CFR with OSHA standard 29 CFR 1910.1201.
311, a regulation virtually identical to (C) Review of the principles and practices
§ 1910.120. for analyzing an incident to determine both
Since this is a non-mandatory appendix the hazardous substances present and the
and therefore not an enforceable standard, basic hazard and response information for
OSHA recommends that those employers, each hazardous substance present.
employees or volunteers in public sector (D) Review of procedures for implementing
emergency response organizations outside actions consistent with the local emergency
Federal OSHA jurisdiction consider the fol- response plan, the organization’s standard
lowing criteria in developing their own operating procedures, and the current edi-
training programs. A unified approach to tion of DOT’s ERG including emergency no-
training at the community level between tification procedures and follow-up commu-
emergency response organizations covered nications.
by Federal OSHA and those not covered di- (E) Review of the expected hazards includ-
rectly by Federal OSHA can help ensure an ing fire and explosions hazards, confined
effective community response to the release space hazards, electrical hazards, powered
408
equipment hazards, motor vehicle hazards, releases. Familiarization with OSHA stand-
and walking-working surface hazards. ard 29 CFR 1910.1201.
(F) Awareness and knowledge of the com- (C) Review of the principles and practices
petencies for the First Responder at the for analyzing an incident to determine the
Awareness Level covered in the National hazardous substances present, their physical
Fire Protection Association’s Standard No. and chemical properties, the likely behavior
472, Professional Competence of Responders to of the hazardous substance and its container,
Hazardous Materials Incidents. the types of hazardous substance transpor-
(2) First responder operations level. tation containers and vehicles involved in
(A) Review of and demonstration of com- the release, the appropriate strategy for ap-
petency in performing the applicable skills proaching release sites and containing the
of 29 CFR 1910.120(q). release.
(B) Hands-on experience with the U.S. De- (D) Review of procedures for implementing
partment of Transportation’s Emergency Re- continuing response actions consistent with
sponse Guidebook (ERG), manufacturer ma- the local emergency response plan, the orga-
terial safety data sheets, CHEMTREC/ nization’s standard operating procedures,
CANUTEC, shipper or manufacturer con- and the current edition of DOT’s ERG in-
tacts, and other relevant sources of informa- cluding extended emergency notification
tion addressing hazardous substance re- procedures and follow-up communications.
leases. Familiarization with OSHA standard (E) Review of the principles and practice
29 CFR 1910.1201. for proper selection and use of personal pro-
tective equipment.
(C) Review of the principles and practices
(F) Review of the principles and practices
for analyzing an incident to determine the
of establishing exposure zones, proper decon-
hazardous substances present, the likely be-
tamination and medical surveillance sta-
havior of the hazardous substance and its
tions and procedures.
container, the types of hazardous substance
(G) Review of the expected hazards includ-
transportation containers and vehicles, the ing fire and explosions hazards, confined
types and selection of the appropriate defen- space hazards, electrical hazards, powered
sive strategy for containing the release. equipment hazards, motor vehicle hazards,
(D) Review of procedures for implementing and walking-working surface hazards.
continuing response actions consistent with (H) Awareness and knowledge of the com-
the local emergency response plan, the orga- petencies for the Hazardous Materials Tech-
nization’s standard operating procedures, nician covered in the National Fire Protec-
and the current edition of DOT’s ERG in- tion Association’s Standard No. 472, Profes-
cluding extended emergency notification sional Competence of Responders to Hazardous
procedures and follow-up communications. Materials Incidents.
(E) Review of the principles and practice (4) Hazardous materials specialist.
for proper selection and use of personal pro- (A) Review of and demonstration of com-
tective equipment. petency in performing the applicable skills
(F) Review of the principles and practice of of 29 CFR 1910.120(q).
personnel and equipment decontamination. (B) Hands-on experience with retrieval and
(G) Review of the expected hazards includ- use of written and electronic information
ing fire and explosions hazards, confined relative to response decision making includ-
space hazards, electrical hazards, powered ing but not limited to the U.S. Department
equipment hazards, motor vehicle hazards, of Transportation’s Emergency Response
and walking-working surface hazards. Guidebook (ERG), manufacturer material
(H) Awareness and knowledge of the com- safety data sheets, CHEMTREC/CANUTEC,
petencies for the First Responder at the Op- shipper or manufacturer contacts, computer
erations Level covered in the National Fire data bases and response models, and other
Protection Association’s Standard No. 472, relevant sources of information addressing
Professional Competence of Responders to Haz- hazardous substance releases. Familiariza-
ardous Materials Incidents. tion with OSHA standard 29 CFR 1910.1201.
(3) Hazardous materials technician. (C) Review of the principles and practices
(A) Review of and demonstration of com- for analyzing an incident to determine the
petency in performing the applicable skills hazardous substances present, their physical
of 29 CFR 1910.120(q). and chemical properties, and the likely be-
(B) Hands-on experience with written and havior of the hazardous substance and its
electronic information relative to response container, vessel, or vehicle.
decision making including but not limited to (D) Review of the principles and practices
the U.S. Department of Transportation’s for identification of the types of hazardous
Emergency Response Guidebook (ERG), manu- substance transportation containers, vessels
facturer material safety data sheets, and vehicles involved in the release; select-
CHEMTREC/CANUTEC, shipper or manufac- ing and using the various types of equipment
turer contacts, computer data bases and re- available for plugging or patching transpor-
sponse models, and other relevant sources of tation containers, vessels or vehicles; orga-
information addressing hazardous substance nizing and directing the use of multiple
409
teams of hazardous material technicians and (D) Ability to evaluate the progress of the
selecting the appropriate strategy for ap- emergency response to ensure that the re-
proaching release sites and containing or sponse objectives are being met safely, effec-
stopping the release. tively, and efficiently.
(E) Review of procedures for implementing (E) Ability to adjust the response plan to
continuing response actions consistent with the conditions of the response and to notify
the local emergency response plan, the orga- higher levels of response when required by
nization’s standard operating procedures, in- the changes to the response plan.
cluding knowledge of the available public
[54 FR 9317, Mar. 6, 1989, as amended at 55 FR
and private response resources, establish-
14073, Apr. 13, 1990; 56 FR 15832, Apr. 18, 1991;
ment of an incident command post, direction
59 FR 43270, Aug. 22, 1994; 61 FR 9238, Mar. 7,
of hazardous material technician teams, and
1996; 67 FR 67964, Nov. 7, 2002; 71 FR 16672,
extended emergency notification procedures
Apr. 3, 2006]
and follow-up communications.
(F) Review of the principles and practice
for proper selection and use of personal pro-
§ 1910.121 [Reserved]
tective equipment.
(G) Review of the principles and practices
DIPPING AND COATING OPERATIONS
of establishing exposure zones and proper de-
contamination, monitoring and medical sur- SOURCE: 64 FR 13909, Mar. 23, 1999, unless
veillance stations and procedures. otherwise noted.
(H) Review of the expected hazards includ-
ing fire and explosions hazards, confined § 1910.122 Table of contents.
space hazards, electrical hazards, powered This section lists the paragraph
equipment hazards, motor vehicle hazards, headings contained in §§ 1910.123
and walking-working surface hazards.
(I) Awareness and knowledge of the com-
through 1910.126.
petencies for the Off-site Specialist Em- § 1910.123 Dipping and coating operations:
ployee covered in the National Fire Protec- Coverage and definitions.
tion Association’s Standard No. 472, Profes-
sional Competence of Responders to Hazardous (a) Does this rule apply to me?
Materials Incidents. (b) What operations are covered?
(5) Incident commander. (c) What operations are not covered?
The incident commander is the individual (d) How are terms used in §§ 1910.123
who, at any one time, is responsible for and through 1910.126 defined?
in control of the response effort. This indi-
§ 1910.124 General requirements for dipping and
vidual is the person responsible for the direc-
coating operations.
tion and coordination of the response effort.
An incident commander’s position should be (a) What construction requirements apply
occupied by the most senior, appropriately to dip tanks?
trained individual present at the response (b) What ventilation requirements apply to
site. Yet, as necessary and appropriate by vapor areas?
the level of response provided, the position (c) What requirements must I follow to re-
may be occupied by many individuals during circulate exhaust air into the workplace?
a particular response as the need for greater (d) What must I do when I use an exhaust
authority, responsibility, or training in- hood?
creases. It is possible for the first responder (e) What requirements must I follow when
at the awareness level to assume the duties an employee enters a dip tank?
of incident commander until a more senior (f) What first-aid procedures must my em-
and appropriately trained individual arrives ployees know?
at the response site. (g) What hygiene facilities must I provide?
Therefore, any emergency responder ex- (h) What treatment and first aid must I
pected to perform as an incident commander provide?
should be trained to fulfill the obligations of (i) What must I do before an employee
the position at the level of response they will cleans a dip tank?
be providing including the following: (j) What must I do to inspect and maintain
(A) Ability to analyze a hazardous sub- my dipping or coating operation?
stance incident to determine the magnitude
§ 1910.125 Additional requirements for dipping
of the response problem.
(B) Ability to plan and implement an ap- and coating operations that use flammable or
propriate response plan within the capabili- combustible liquids.
ties of available personnel and equipment. (a) What type of construction material
(C) Ability to implement a response to fa- must be used in making my dip tank?
vorably change the outcome of the incident (b) When must I provide overflow piping?
in a manner consistent with the local emer- (c) When must I provide a bottom drain?
gency response plan and the organization’s (d) When must my conveyer system shut
standard operating procedures. down automatically?
410
(e) What ignition and fuel sources must be Autoignition temperature means the
controlled? minimum temperature required to
(f) What fire protection must I provide? cause self-sustained combustion, inde-
(g) To what temperature may I heat a liq-
uid in a dip tank? pendent of any other source of heat.
Combustible liquid means a liquid hav-
§ 1910.126 Additional requirements for special ing a flash point of 100 °F (37.8 °C) or
dipping and coating operations. above.
(a) What additional requirements apply to Dip tank means a container holding a
hardening or tempering tanks? liquid other than water and that is
(b) What additional requirements apply to used for dipping or coating. An object
flow coating? may be immersed (or partially im-
(c) What additional requirements apply to
mersed) in a dip tank or it may be sus-
roll coating, roll spreading, or roll impreg-
nating? pended in a vapor coming from the
(d) What additional requirements apply to tank.
vapor degreasing tanks? Flammable liquid means a liquid hav-
(e) What additional requirements apply to ing a flashpoint below 100 °F (37.8 °C).
cyanide tanks? Flashpoint means the minimum tem-
(f) What additional requirements apply to perature at which a liquid gives off a
spray cleaning tanks and spray degreasing vapor in sufficient concentration to ig-
tanks?
(g) What additional requirements apply to nite if tested in accordance with the
electrostatic paint detearing? definition of ‘‘flashpoint’’ in
§ 1910.1200(c).
§ 1910.123 Dipping and coating oper- Lower flammable limit (LFL) means
ations: Coverage and definitions. the lowest concentration of a material
(a) Does this rule apply to me? (1) that will propagate a flame. The LFL
This rule (§§ 1910.123 through 1910.126) is usually expressed as a percent by
applies when you use a dip tank con- volume of the material in air (or other
taining a liquid other than water. It oxidant).
applies when you use the liquid in the Vapor area means any space con-
tank or its vapor to: taining a dip tank, including its drain
(i) Clean an object; boards, associated drying or conveying
(ii) Coat an object; equipment, and any surrounding area
(iii) Alter the surface of an object; or where the vapor concentration exceeds
(iv) Change the character of an ob- 25% of the LFL of the liquid in the
ject. tank.
(2) This rule also applies to the drain- You means the employer, as defined
ing or drying of an object you have by the Occupational Safety and Health
dipped or coated. Act of 1970 (29 U.S.C. 651 et seq.).
(b) What operations are covered? Ex-
amples of covered operations are paint § 1910.124 General requirements for
dipping, electroplating, pickling, dipping and coating operations.
quenching, tanning, degreasing, strip- (a) What construction requirements
ping, cleaning, roll coating, flow coat- apply to dip tanks? Any container that
ing, and curtain coating. you use as a dip tank must be strong
(c) What operations are not covered? enough to withstand any expected load.
You are not covered by this rule if your (b) What ventilation requirements
dip-tank operation only uses a molten apply to vapor areas? (1) The ventila-
material (a molten metal, alloy, or tion that you provide to a vapor area
salt, for example). must keep the airborne concentration
(d) How are terms used in §§ 1910.123 of any substance below 25% of its LFL.
through 1910.126 defined? (2) When a liquid in a dip tank cre-
Adjacent area means any area within ates an exposure hazard covered by a
20 feet (6.1 m) of a vapor area that is standard listed in subpart Z of this
not separated from the vapor area by part, you must control worker expo-
tight partitions. sure as required by that standard.
Approved means that the equipment (3) You may use a tank cover or ma-
so designated is listed or approved by a terial that floats on the surface of the
nationally recognized testing labora- liquid in a dip tank to replace or sup-
tory, as defined by § 1910.7. plement ventilation. The method or
411
combination of methods you choose (1) Provide each room having exhaust
must maintain the airborne concentra- hoods with a volume of outside air that
tion of the hazardous material and the is at least 90 percent of the volume of
worker’s exposure within the limits the exhaust air; and
specified in paragraphs (b)(1) and (b)(2) (2) Ensure that the outside air supply
of this section. does not damage exhaust hoods.
(4) When you use mechanical ventila- (e) What requirements must I follow
tion, it must conform to the following when an employee enters a dip tank?
standards that are incorporated by ref- When an employee enters a dip tank,
erence as specified in § 1910.6: you must meet the entry requirements
(i) ANSI Z9.2–1979, Fundamentals of § 1910.146, OSHA’s standard for Per-
Governing the Design and Operation of mit-Required Confined Spaces, as ap-
Local Exhaust Systems; plicable.
(ii) NFPA 34–1995, Standard for Dip (f) What first-aid procedures must my
Tanks Containing Flammable or Com- employees know? Your employees must
bustible Liquids; know the first-aid procedures that are
(iii) ACGIH’s ‘‘Industrial Ventilation: appropriate to the dipping or coating
A Manual of Recommended Practice’’ hazards to which they are exposed.
(22nd ed., 1995); or (g) What hygiene facilities must I
(iv) ANSI Z9.1–1971, Practices for provide? When your employees work
Ventilation and Operation of Open-Sur- with liquids that may burn, irritate, or
face Tanks, and NFPA 34–1966, Stand- otherwise harm their skin, you must
ard for Dip Tanks Containing Flam- provide:
mable or Combustible Liquids. (1) Locker space or other storage
(5) When you use mechanical ventila- space to prevent contamination of the
tion, it must draw the flow of air into employee’s street clothes;
a hood or exhaust duct. (2) An emergency shower and eye-
(6) When you use mechanical ventila- wash station close to the dipping or
tion, each dip tank must have an inde- coating operation. In place of this
pendent exhaust system unless the equipment, you may use a water hose
combination of substances being re- that is at least 4 feet (1.22 m) long and
moved will not cause a: at least 3⁄4 of an inch (18 mm) thick
(i) Fire; with a quick-opening valve and car-
(ii) Explosion; or rying a pressure of 25 pounds per
(iii) Chemical reaction. square inch (1.62 k/cm2) or less; and
(c) What requirements must I follow (3) At least one basin with a hot-
to recirculate exhaust air into the water faucet for every 10 employees
workplace? (1) You may not recirculate who work with such liquids. (See para-
exhaust air when any substance in that graph (d) of § 1910.141.)
air poses a health hazard to employees (h) What treatment and first aid
or exceeds 25% of its LFL. must I provide? When your employees
(2) You must ensure that any exhaust work with liquids that may burn, irri-
air recirculated from a dipping or coat- tate, or otherwise harm their skin, you
ing operation using flammable or com- must provide:
bustible liquids is: (1) A physician’s approval before an
(i) Free of any solid particulate that employee with a sore, burn, or other
poses a health or safety hazard for em- skin lesion that requires medical treat-
ployees; and ment works in a vapor area;
(ii) Monitored by approved equip- (2) Treatment by a properly des-
ment. ignated person of any small skin abra-
(3) You must have a system that sion, cut, rash, or open sore;
sounds an alarm and automatically (3) Appropriate first-aid supplies that
shuts down the operation when the are located near the dipping or coating
vapor concentration for any substance operation; and
in the exhaust airstream exceeds 25% (4) For employees who work with
of its LFL. chromic acid, periodic examinations of
(d) What must I do when I use an ex- their exposed body parts, especially
haust hood? You must: their nostrils.
412
(i) What must I do before an em- ers, drains, overflow piping, and elec-
ployee cleans a dip tank? Before per- trical and fire-extinguishing systems,
mitting an employee to clean the inte- and promptly correct any deficiencies;
rior of a dip tank, you must: (4) Provide mechanical ventilation or
(1) Drain the contents of the tank respirators (selected and used as speci-
and open the cleanout doors; and fied in § 1910.134, OSHA’s Respiratory
(2) Ventilate and clear any pockets Protection standard) to protect em-
where hazardous vapors may have ac-
ployees in the vapor area from expo-
cumulated.
sure to toxic substances released dur-
(j) What must I do to inspect and
maintain my dipping or coating oper- ing welding, burning, or open-flame
ation? You must: work; and
(1) Inspect the hoods and ductwork of (5) Have dip tanks thoroughly
the ventilation system for corrosion or cleaned of solvents and vapors before
damage: permitting welding, burning, or open-
(i) At least quarterly during oper- flame work on them.
ation; and
(ii) Prior to operation after a pro- § 1910.125 Additional requirements for
longed shutdown. dipping and coating operations that
(2) Ensure that the airflow is ade- use flammable or combustible liq-
quate: uids.
(i) At least quarterly during oper- If you use flammable or combustible
ation; and liquids, you must comply with the re-
(ii) Prior to operation after a pro- quirements of this section as well as
longed shutdown. the requirements of sections 1910.123,
(3) Periodically inspect all dipping 1910.124, and 1910.126, as applicable.
and coating equipment, including cov-
You must comply with this section if: And:
•The flashpoint of the flammable or combustible liq- •The liquid is heated as part of the operation; or
uid is 200 °F (93.3 °C) or above.
•A heated object is placed in the liquid.
(a) What type of construction mate- (c) When must I provide a bottom
rial must be used in making my dip drain? (1) You must provide a bottom
tank? Your dip tank must be made of drain for dip tanks that contain more
noncombustible material. than 500 gallons (1893 L) of liquid, un-
(b) When must I provide overflow pip- less:
ing? (1) You must provide properly (i) The dip tank is equipped with an
trapped overflow piping that discharges automatic closing cover meeting the
to a safe location for any dip tank hav- requirements of paragraph (f)(3) of this
ing: section; or
(i) A capacity greater than 150 gal- (ii) The viscosity of the liquid at nor-
lons (568 L); or mal atmospheric temperature does not
(ii) A liquid surface area greater than allow the liquid to flow or be pumped
10 feet 2 (0.95 m2). easily.
(2) You must also ensure that: (2) You must ensure that the bottom
(i) Any overflow piping is at least 3 drain required by this section:
inches (7.6 cm) in diameter and has suf- (i) Will empty the dip tank during a
ficient capacity to prevent the dip tank fire;
from overflowing; (ii) Is properly trapped;
(ii) Piping connections on drains and (iii) Has pipes that permit the dip
overflow pipes allow ready access to tank’s contents to be removed within
the interior of the pipe for inspection five minutes after a fire begins; and
and cleaning; and (iv) Discharges to a safe location.
(iii) The bottom of the overflow con- (3) Any bottom drain you provide
nection is at least 6 inches (15.2 cm) must be capable of manual and auto-
below the top of the dip tank. matic operation, and manual operation
413
must be from a safe and accessible lo- visible ‘‘No Smoking’’ sign near each
cation. dip tank.
(4) You must ensure that automatic (f) What fire protection must I pro-
pumps are used when gravity flow from vide? (1) You must provide the fire pro-
the bottom drain is impractical. tection required by this paragraph (f)
(d) When must my conveyor system for:
shut down automatically? If your con- (i) Any dip tank having a capacity of
veyor system is used with a dip tank, at least 150 gallons (568 L) or a liquid
the system must shut down automati- surface area of at least 4 feet 2 (0.38
cally: m 1); and
(1) If there is a fire; or (ii) Any hardening or tempering tank
(2) If the ventilation rate drops below having a capacity of at least 500 gal-
what is required by paragraph (b) of lons (1893 L) or a liquid surface area of
§ 1910.124. at least 25 feet 2 (2.37 m 2).
(e) What ignition and fuel sources (2) For every vapor area, you must
must be controlled? (1) In each vapor provide:
area and any adjacent area, you must (i) Manual fire extinguishers that are
ensure that: suitable for flammable and combus-
(i) All electrical wiring and equip- tible liquid fires and that conform to
ment conform to the applicable haz- the requirements of § 1910.157; and
ardous (classified)-area requirements of (ii) An automatic fire-extinguishing
subpart S of this part (except as spe- system that conforms to the require-
cifically permitted in paragraph (g) of ments of subpart L of this part.
§ 1910.126); and (3) You may substitute a cover that
(ii) There are no flames, spark-pro- is closed by an approved automatic de-
ducing devices, or other surfaces that vice for the automatic fire-extin-
are hot enough to ignite vapors. guishing system if the cover:
(2) You must ensure that any port- (i) Can also be activated manually;
able container used to add liquid to the (ii) Is noncombustible or tin-clad,
tank is electrically bonded to the dip with the enclosing metal applied with
tank and positively grounded to pre- locked joints; and
vent static electrical sparks or arcs. (iii) Is kept closed when the dip tank
(3) You must ensure that a heating is not in use.
system that is used in a drying oper- (g) To what temperature may I heat
ation and could cause ignition: a liquid in a dip tank? You must main-
(i) Is installed in accordance with tain the temperature of the liquid in a
NFPA 86A–1969, Standard for Ovens and dip tank:
Furnaces (which is incorporated by ref- (1) Below the liquid’s boiling point;
erence in § 1910.6 of this part); and
(ii) Has adequate mechanical ventila- (2) At least 100 °F (37.8 °C) below the
tion that operates before and during liquid’s autoignition temperature.
the drying operation; and
(iii) Shuts down automatically if any § 1910.126 Additional requirements for
ventilating fan fails to maintain ade- special dipping and coating oper-
quate ventilation. ations.
(4) You also must ensure that: In addition to the requirements in
(i) All vapor areas are free of combus- §§ 1910.123 through 1910.125, you must
tible debris and as free as practicable comply with any requirement in this
of combustible stock; section that applies to your operation.
(ii) Rags and other material contami- (a) What additional requirements
nated with liquids from dipping or apply to hardening or tempering
coating operations are placed in ap- tanks?
proved waste cans immediately after (1) You must ensure that hardening
use; and or tempering tanks:
(iii) Waste can contents are properly (i) Are located as far as practicable
disposed of at the end of each shift. from furnaces;
(5) You must prohibit smoking in a (ii) Are on noncombustible flooring;
vapor area and must post a readily and
414
(iii) Have noncombustible hoods and mixture. To do this, you must make
vents (or equivalent devices) for vent- the combustion chamber airtight (ex-
ing to the outside. For this purpose, cept for the flue opening).
vent ducts must be treated as flues and (3) The flue must be made of corro-
kept away from combustible materials, sion-resistant material, and it must ex-
particularly roofs. tend to the outside. You must install a
(2) You must equip each tank with an draft diverter if mechanical exhaust is
alarm that will sound if the tempera- used on the flue.
ture of the liquid comes within 50 °F (10 (4) You must not allow the tempera-
°C) of its flashpoint (the alarm set ture of the heating element to cause a
point). solvent or mixture to decompose or to
(3) When practicable, you must also generate an excessive amount of vapor.
provide each tank with a limit switch (e) What additional requirements
to shut down the conveyor supplying apply to cyanide tanks? You must en-
work to the tank. sure that cyanide tanks have a dike or
(4) If the temperature of the liquid other safeguard to prevent cyanide
can exceed the alarm set point, you from mixing with an acid if a dip tank
must equip the tank with a circulating fails.
cooling system. (f) What additional requirements
(5) If the tank has a bottom drain, apply to spray cleaning tanks and
the bottom drain may be combined spray degreasing tanks? If you spray a
with the oil-circulating system. liquid in the air over an open-surface
(6) You must not use air under pres- cleaning or degreasing tank, you must
sure when you fill the dip tank or agi- control the spraying to the extent fea-
tate the liquid in the dip tank. sible by:
(b) What additional requirements
(1) Enclosing the spraying operation;
apply to flow coating? (1) You must use
and
a direct low-pressure pumping system
(2) Using mechanical ventilation to
or a 10-gallon (38 L) or smaller gravity
provide enough inward air velocity to
tank to supply the paint for flow coat-
prevent the spray from leaving the
ing. In case of fire, an approved heat-
vapor area.
actuated device must shut down the
pumping system. (g) What additional requirements
(2) You must ensure that the piping apply to electrostatic paint detearing?
is substantial and rigidly supported. (1) You must use only approved electro-
(c) What additional requirements static equipment in paint-detearing op-
apply to roll coating, roll spreading, or erations. Electrodes in such equipment
roll impregnating? When these oper- must be substantial, rigidly supported,
ations use a flammable or combustible permanently located, and effectively
liquid that has a flashpoint below 140 insulated from ground by nonporous,
°F (60 °C), you must prevent sparking noncombustible, clean, dry insulators.
of static electricity by: (2) You must use conveyors to sup-
(1) Bonding and grounding all metal- port any goods being paint deteared.
lic parts (including rotating parts) and (3) You must ensure that goods being
installing static collectors; or electrostatically deteared are not
(2) Maintaining a conductive atmos- manually handled.
phere (for example, one with a high rel- (4) Between goods being electro-
ative humidity) in the vapor area. statically deteared and the electrodes
(d) What additional requirements or conductors of the electrostatic
apply to vapor degreasing tanks? (1) equipment, you must maintain a min-
You must ensure that the condenser or imum distance of twice the sparking
vapor-level thermostat keeps the vapor distance. This minimum distance must
level at least 36 inches (91 cm) or one- be displayed conspicuously on a sign
half the tank width, whichever is less, located near the equipment.
below the top of the vapor degreasing (5) You must ensure that the electro-
tank. static equipment has automatic con-
(2) When you use gas as a fuel to heat trols that immediately disconnect the
the tank liquid, you must prevent sol- power supply to the high-voltage trans-
vent vapors from entering the air-fuel former and signal the operator if:
415
(i) Ventilation or the conveyors fail through absorption, inhalation or

to operate; physical contact.
(ii) A ground (or imminent ground) (b) Employee-owned equipment. Where
occurs anywhere in the high-voltage employees provide their own protective
system; or equipment, the employer shall be re-
(iii) Goods being electrostatically sponsible to assure its adequacy, in-
deteared come within twice the spark- cluding proper maintenance, and sani-
ing distance of the electrodes or con- tation of such equipment.
ductors of the equipment. (c) Design. All personal protective
(6) You must use fences, rails, or equipment shall be of safe design and
guards, made of conducting material construction for the work to be per-
and adequately grounded, to separate formed.
paint-detearing operations from stor- (d) Hazard assessment and equipment
age areas and from personnel. selection. (1) The employer shall assess
(7) To protect paint-detearing oper- the workplace to determine if hazards
ations from fire, you must have in are present, or are likely to be present,
place: which necessitate the use of personal
(i) Automatic sprinklers; or protective equipment (PPE). If such
(ii) An automatic fire-extinguishing hazards are present, or likely to be
system conforming to the requirements present, the employer shall:
of subpart L of this part. (i) Select, and have each affected em-
(8) To collect paint deposits, you ployee use, the types of PPE that will
must: protect the affected employee from the
(i) Provide drip plates and screens; hazards identified in the hazard assess-
and ment;
(ii) Clean these plates and screens in (ii) Communicate selection decisions
a safe location. to each affected employee; and,
(iii) Select PPE that properly fits
Subpart I—Personal Protective each affected employee.
Equipment NOTE: Non-mandatory Appendix B contains
an example of procedures that would comply
with the requirement for a hazard assess-
AUTHORITY: Sections 4, 6, and 8 of the Occu- ment.
U.S.C. 653, 655, and 657); and Secretary of La- (2) The employer shall verify that the
bor’s Order No. 12–71 (36 FR 8754), 8–76 (41 FR required workplace hazard assessment
25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6– has been performed through a written
96 (62 FR 111), 3–2000 (62 FR 50017), or 5–2002 certification that identifies the work-
(67 FR 65008), as applicable. place evaluated; the person certifying
Sections 1910.132, 1910.134, and 1910.138 of 29 that the evaluation has been per-
CFR also issued under 29 CFR part 1911. formed; the date(s) of the hazard as-
Sections 1910.133, 1910.135, and 1910.136 of 29 sessment; and, which identifies the
CFR also issued under 29 CFR part 1911 and
document as a certification of hazard
5 U.S.C. 553.
assessment.
§ 1910.132 General requirements. (e) Defective and damaged equipment.
Defective or damaged personal protec-
(a) Application. Protective equipment,
tive equipment shall not be used.
including personal protective equip-
(f) Training. (1) The employer shall
ment for eyes, face, head, and extrem-
provide training to each employee who
ities, protective clothing, respiratory
is required by this section to use PPE.
devices, and protective shields and bar-
Each such employee shall be trained to
riers, shall be provided, used, and
know at least the following:
maintained in a sanitary and reliable
condition wherever it is necessary by (i) When PPE is necessary;
reason of hazards of processes or envi- (ii) What PPE is necessary;
ronment, chemical hazards, radio- (iii) How to properly don, doff, ad-
logical hazards, or mechanical irri- just, and wear PPE;
tants encountered in a manner capable (iv) The limitations of the PPE; and,
of causing injury or impairment in the (v) The proper care, maintenance,
function of any part of the body useful life and disposal of the PPE.
416
(2) Each affected employee shall dem- § 1910.133 Eye and face protection.
onstrate an understanding of the train-
ing specified in paragraph (f)(1) of this (a) General requirements. (1) The em-
section, and the ability to use PPE ployer shall ensure that each affected
properly, before being allowed to per- employee uses appropriate eye or face
form work requiring the use of PPE. protection when exposed to eye or face
(3) When the employer has reason to hazards from flying particles, molten
believe that any affected employee who metal, liquid chemicals, acids or caus-
has already been trained does not have tic liquids, chemical gases or vapors, or
the understanding and skill required by potentially injurious light radiation.
paragraph (f)(2) of this section, the em- (2) The employer shall ensure that
ployer shall retrain each such em- each affected employee uses eye pro-
ployee. Circumstances where retrain- tection that provides side protection
ing is required include, but are not lim- when there is a hazard from flying ob-
ited to, situations where: jects. Detachable side protectors (e.g.
(i) Changes in the workplace render clip-on or slide-on side shields) meeting
previous training obsolete; or the pertinent requirements of this sec-
(ii) Changes in the types of PPE to be
tion are acceptable.
used render previous training obsolete;
or (3) The employer shall ensure that
(iii) Inadequacies in an affected em- each affected employee who wears pre-
ployee’s knowledge or use of assigned scription lenses while engaged in oper-
PPE indicate that the employee has ations that involve eye hazards wears
not retained the requisite under- eye protection that incorporates the
standing or skill. prescription in its design, or wears eye
(4) The employer shall verify that protection that can be worn over the
each affected employee has received prescription lenses without disturbing
and understood the required training the proper position of the prescription
through a written certification that lenses or the protective lenses.
contains the name of each employee (4) Eye and face PPE shall be dis-
trained, the date(s) of training, and tinctly marked to facilitate identifica-
that identifies the subject of the cer- tion of the manufacturer.
tification. (5) The employer shall ensure that
(g) Paragraphs (d) and (f) of this sec-
each affected employee uses equipment
tion apply only to §§ 1910.133, 1910.135,
1919.136, and 1910.138. Parpagraphs (d) with filter lenses that have a shade
and (f) of this section do not apply to number appropriate for the work being
§§ 1910.134 and 1910.137. performed for protection from inju-
rious light radiation. The following is a
[39 FR 23502, June 27, 1974, as amended at 59 listing of appropriate shade numbers
FR 16334, Apr. 6, 1994; 59 FR 33910, July 1,
1994]
for various operations.
417
Filter Lenses for Protection Against Radiant Energy
Electrode Size 1/32 Minimum* Pro-

Operations Arc Current
in. tective Shade
Shielded metal arc welding Less than 3 ............... Less than 60 ............. 7
3-5 ............................. 60-160 ....................... 8
5-8 ............................. 160-250 ..................... 10
More than 8 ............... 250-550 ..................... 11
Gas metal arc welding and less than 60 ............... 7

flux cored arc welding
60-160 ....................... 10
160-250 ..................... 10
250-500 ..................... 10
Gas Tungsten arc welding less than 50 ............... 8

50-150 ....................... 8
150-500 ..................... 10
Air carbon (Light) ........................ less than 500 ............. 10

Arc cutting (Heavy) ...................... 500-1000 ................... 11
Plasma arc welding less than 20 ............... 6

20-100 ....................... 8
100-400 ..................... 10
400-800 ..................... 11
Plasma arc cutting (light)** ....................... less than 300 ............. 8

(medium)** ................ 300-400 ..................... 9
(heavy)** .................... 400-800 ..................... 10
Torch brazing .................................... 3

Torch soldering .................................... 2
Carbon arc welding .................................... 14
Filter Lenses for Protection Against Radiant Energy
Plate thickness— Minimum* Pro-

Operations Plate thickness—mm
inches tective Shade
Gas Welding:
Light Under 1/8 .................. Under 3.2 .................. 4
Medium 1/8 to 1/2 ................... 3.2 to 12.7 ................. 5
Heavy Over 1/2 .................... Over 12.7 .................. 6
Oxygen cutting:
Light Under 1 ..................... Under 25 ................... 3
Medium 1 to 6 ......................... 25 to 150 ................... 4
Heavy Over 6 ....................... Over 150 ................... 5
* As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a
lighter shade which gives sufficient view of the weld zone without going below the minimum. In
oxyfuel gas welding or cutting where the torch produces a high yellow light, it is desirable to use
a filter lens that absorbs the yellow or sodium line in the visible light of the (spectrum) operation.
** These values apply where the actual arc is clearly seen. Experience has shown that lighter
filters may be used when the arc is hidden by the workpiece.
418
(b) Criteria for protective eye and face respiratory protection standard in this
devices. (1) Protective eye and face de- section.
vices purchased after July 5, 1994 shall Air-purifying respirator means a res-
comply with ANSI Z87.1–1989, ‘‘Amer- pirator with an air-purifying filter,
ican National Standard Practice for cartridge, or canister that removes spe-
Occupational and Educational Eye and cific air contaminants by passing am-
Face Protection,’’ which is incor- bient air through the air-purifying ele-
porated by reference as specified in ment.
§ 1910.6, or shall be demonstrated by the Assigned protection factor (APF) means
employer to be equally effective. the workplace level of respiratory pro-
(2) Eye and face protective devices tection that a respirator or class of res-
purchased before July 5, 1994 shall com- pirators is expected to provide to em-
ply with the ANSI ‘‘USA standard for ployees when the employer implements
Occupational and Educational Eye and a continuing, effective respiratory pro-
Face Protection,’’ Z87.1–1968, which is tection program as specified by this
incorporated by reference as specified section.
in § 1910.6, or shall be demonstrated by Atmosphere-supplying respirator means
the employer to be equally effective. a respirator that supplies the res-
[59 FR 16360, Apr. 6, 1994; 59 FR 33911, July 1, pirator user with breathing air from a
1994, as amended at 61 FR 9238, Mar. 7, 1996; source independent of the ambient at-
61 FR 19548, May 2, 1996] mosphere, and includes supplied-air
respirators (SARs) and self-contained
§ 1910.134 Respiratory protection. breathing apparatus (SCBA) units.
This section applies to General In- Canister or cartridge means a con-
dustry (part 1910), Shipyards (part tainer with a filter, sorbent, or cata-
1915), Marine Terminals (part 1917), lyst, or combination of these items,
Longshoring (part 1918), and Construc- which removes specific contaminants
tion (part 1926). from the air passed through the con-
(a) Permissible practice. (1) In the container.
trol of those occupational diseases Demand respirator means an atmos-
caused by breathing air contaminated phere-supplying respirator that admits
with harmful dusts, fogs, fumes, mists, breathing air to the facepiece only
gases, smokes, sprays, or vapors, the when a negative pressure is created in-
primary objective shall be to prevent side the facepiece by inhalation.
atmospheric contamination. This shall Emergency situation means any occur-
be accomplished as far as feasible by rence such as, but not limited to,
accepted engineering control measures equipment failure, rupture of con-
(for example, enclosure or confinement tainers, or failure of control equipment
of the operation, general and local ven- that may or does result in an uncon-
tilation, and substitution of less toxic trolled significant release of an air-
materials). When effective engineering borne contaminant.
controls are not feasible, or while they Employee exposure means exposure to
are being instituted, appropriate res- a concentration of an airborne con-
pirators shall be used pursuant to this taminant that would occur if the em-
section. ployee were not using respiratory pro-
(2) Respirators shall be provided by tection.
the employer when such equipment is End-of-service-life indicator (ESLI)
necessary to protect the health of the means a system that warns the res-
employee. The employer shall provide pirator user of the approach of the end
the respirators which are applicable of adequate respiratory protection, for
and suitable for the purpose intended. example, that the sorbent is approach-
The employer shall be responsible for ing saturation or is no longer effective.
the establishment and maintenance of Escape-only respirator means a res-
a respiratory protection program pirator intended to be used only for
which shall include the requirements emergency exit.
outlined in paragraph (c) of this sec- Filter or air purifying element means a
tion. component used in respirators to re-
(b) Definitions. The following defini- move solid or liquid aerosols from the
tions are important terms used in the inspired air.
419
Filtering facepiece (dust mask) means mathematically by multiplying the as-

a negative pressure particulate res- signed protection factor specified for a
pirator with a filter as an integral part respirator by the required OSHA per-
of the facepiece or with the entire face- missible exposure limit, short-term ex-
piece composed of the filtering me- posure limit, or ceiling limit. When no
dium. OSHA exposure limit is available for a
Fit factor means a quantitative esti- hazardous substance, an employer
mate of the fit of a particular res- must determine an MUC on the basis of
pirator to a specific individual, and relevant available information and in-
typically estimates the ratio of the formed professional judgment.
concentration of a substance in ambi- Negative pressure respirator (tight fit-
ent air to its concentration inside the ting) means a respirator in which the
respirator when worn. air pressure inside the facepiece is neg-
Fit test means the use of a protocol to ative during inhalation with respect to
qualitatively or quantitatively evalu- the ambient air pressure outside the
ate the fit of a respirator on an indi- respirator.
vidual. (See also Qualitative fit test Oxygen deficient atmosphere means an
QLFT and Quantitative fit test QNFT.) atmosphere with an oxygen content
Helmet means a rigid respiratory below 19.5% by volume.
inlet covering that also provides head Physician or other licensed health care
protection against impact and penetra- professional (PLHCP) means an indi-
tion. vidual whose legally permitted scope of
High efficiency particulate air (HEPA) practice (i.e., license, registration, or
filter means a filter that is at least certification) allows him or her to
99.97% efficient in removing independently provide, or be delegated
monodisperse particles of 0.3 microm- the responsibility to provide, some or
eters in diameter. The equivalent all of the health care services required
NIOSH 42 CFR 84 particulate filters are by paragraph (e) of this section.
the N100, R100, and P100 filters. Positive pressure respirator means a
Hood means a respiratory inlet cov- respirator in which the pressure inside
ering that completely covers the head the respiratory inlet covering exceeds
and neck and may also cover portions the ambient air pressure outside the
of the shoulders and torso. respirator.
Immediately dangerous to life or health Powered air-purifying respirator
(IDLH) means an atmosphere that (PAPR) means an air-purifying res-
poses an immediate threat to life, pirator that uses a blower to force the
would cause irreversible adverse health ambient air through air-purifying ele-
effects, or would impair an individual’s ments to the inlet covering.
ability to escape from a dangerous at- Pressure demand respirator means a
mosphere. positive pressure atmosphere-supplying
Interior structural firefighting means respirator that admits breathing air to
the physical activity of fire suppres- the facepiece when the positive pres-
sion, rescue or both, inside of buildings sure is reduced inside the facepiece by
or enclosed structures which are in- inhalation.
volved in a fire situation beyond the Qualitative fit test (QLFT) means a
incipient stage. (See 29 CFR 1910.155) pass/fail fit test to assess the adequacy
Loose-fitting facepiece means a res- of respirator fit that relies on the indi-
piratory inlet covering that is designed vidual’s response to the test agent.
to form a partial seal with the face. Quantitative fit test (QNFT) means an
Maximum use concentration (MUC) assessment of the adequacy of res-
means the maximum atmospheric con- pirator fit by numerically measuring
centration of a hazardous substance the amount of leakage into the res-
from which an employee can be ex- pirator.
pected to be protected when wearing a Respiratory inlet covering means that
respirator, and is determined by the as- portion of a respirator that forms the
signed protection factor of the res- protective barrier between the user’s
pirator or class of respirators and the respiratory tract and an air-purifying
exposure limit of the hazardous sub- device or breathing air source, or both.
stance. The MUC can be determined It may be a facepiece, helmet, hood,
420
suit, or a mouthpiece respirator with affect respirator use. The employer

nose clamp. shall include in the program the fol-
Self-contained breathing apparatus lowing provisions of this section, as ap-
(SCBA) means an atmosphere-sup- plicable:
plying respirator for which the breath- (i) Procedures for selecting res-
ing air source is designed to be carried pirators for use in the workplace;
by the user. (ii) Medical evaluations of employees
Service life means the period of time required to use respirators;
that a respirator, filter or sorbent, or (iii) Fit testing procedures for tight-
other respiratory equipment provides fitting respirators;
adequate protection to the wearer. (iv) Procedures for proper use of res-
Supplied-air respirator (SAR) or airline pirators in routine and reasonably fore-
respirator means an atmosphere-sup- seeable emergency situations;
plying respirator for which the source (v) Procedures and schedules for
of breathing air is not designed to be cleaning, disinfecting, storing, inspect-
carried by the user. ing, repairing, discarding, and other-
This section means this respiratory wise maintaining respirators;
protection standard. (vi) Procedures to ensure adequate
Tight-fitting facepiece means a res- air quality, quantity, and flow of
piratory inlet covering that forms a breathing air for atmosphere-supplying
complete seal with the face. respirators;
User seal check means an action con- (vii) Training of employees in the
ducted by the respirator user to deter- respiratory hazards to which they are
mine if the respirator is properly seat- potentially exposed during routine and
ed to the face. emergency situations;
(c) Respiratory protection program. (viii) Training of employees in the
This paragraph requires the employer proper use of respirators, including
to develop and implement a written putting on and removing them, any
respiratory protection program with limitations on their use, and their
required worksite-specific procedures maintenance; and
and elements for required respirator (ix) Procedures for regularly evalu-
use. The program must be administered ating the effectiveness of the program.
by a suitably trained program adminis- (2) Where respirator use is not re-
trator. In addition, certain program quired:
elements may be required for vol- (i) An employer may provide res-
untary use to prevent potential haz- pirators at the request of employees or
ards associated with the use of the res- permit employees to use their own res-
pirator. The Small Entity Compliance pirators, if the employer determines
Guide contains criteria for the selec- that such respirator use will not in
tion of a program administrator and a itself create a hazard. If the employer
sample program that meets the re- determines that any voluntary res-
quirements of this paragraph. Copies of pirator use is permissible, the em-
the Small Entity Compliance Guide ployer shall provide the respirator
will be available on or about April 8, users with the information contained
1998 from the Occupational Safety and in Appendix D to this section (‘‘Infor-
Health Administration’s Office of Pub- mation for Employees Using Res-
lications, Room N 3101, 200 Constitu- pirators When Not Required Under the
tion Avenue, NW, Washington, DC, Standard’’); and
20210 (202–219–4667). (ii) In addition, the employer must
(1) In any workplace where res- establish and implement those ele-
pirators are necessary to protect the ments of a written respiratory protec-
health of the employee or whenever tion program necessary to ensure that
respirators are required by the em- any employee using a respirator volun-
ployer, the employer shall establish tarily is medically able to use that res-
and implement a written respiratory pirator, and that the respirator is
protection program with worksite-spe- cleaned, stored, and maintained so that
cific procedures. The program shall be its use does not present a health hazard
updated as necessary to reflect those to the user. Exception: Employers are
changes in workplace conditions that not required to include in a written
421
respiratory protection program those respirator models and sizes so that the
employees whose only use of res- respirator is acceptable to, and cor-
pirators involves the voluntary use of rectly fits, the user.
filtering facepieces (dust masks). (2) Respirators for IDLH atmospheres.
(3) The employer shall designate a (i) The employer shall provide the fol-
program administrator who is qualified lowing respirators for employee use in
by appropriate training or experience IDLH atmospheres:
that is commensurate with the com- (A) A full facepiece pressure demand
plexity of the program to administer or SCBA certified by NIOSH for a min-
oversee the respiratory protection pro- imum service life of thirty minutes, or
gram and conduct the required evalua- (B) A combination full facepiece pres-
tions of program effectiveness. sure demand supplied-air respirator
(4) The employer shall provide res- (SAR) with auxiliary self-contained air
pirators, training, and medical evalua- supply.
tions at no cost to the employee.
(ii) Respirators provided only for es-
(d) Selection of respirators. This para-
cape from IDLH atmospheres shall be
graph requires the employer to evalu-
NIOSH-certified for escape from the at-
ate respiratory hazard(s) in the work-
mosphere in which they will be used.
place, identify relevant workplace and
user factors, and base respirator selec- (iii) All oxygen-deficient
tion on these factors. The paragraph atmospheres shall be considered IDLH.
also specifies appropriately protective Exception: If the employer dem-
respirators for use in IDLH onstrates that, under all foreseeable
atmospheres, and limits the selection conditions, the oxygen concentration
and use of air-purifying respirators. can be maintained within the ranges
(1) General requirements. (i) The em- specified in Table II of this section
ployer shall select and provide an ap- (i.e., for the altitudes set out in the
propriate respirator based on the res- table), then any atmosphere-supplying
piratory hazard(s) to which the worker respirator may be used.
is exposed and workplace and user fac- (3) Respirators for atmospheres that are
tors that affect respirator performance not IDLH. (i) The employer shall pro-
and reliability. vide a respirator that is adequate to
(ii) The employer shall select a protect the health of the employee and
NIOSH-certified respirator. The res- ensure compliance with all other OSHA
pirator shall be used in compliance statutory and regulatory requirements,
with the conditions of its certification. under routine and reasonably foresee-
(iii) The employer shall identify and able emergency situations.
evaluate the respiratory hazard(s) in (A) Assigned Protection Factors (APFs).
the workplace; this evaluation shall in- Employers must use the assigned pro-
clude a reasonable estimate of em- tection factors listed in Table 1 to se-
ployee exposures to respiratory haz- lect a respirator that meets or exceeds
ard(s) and an identification of the con- the required level of employee protec-
taminant’s chemical state and physical tion. When using a combination res-
form. Where the employer cannot iden- pirator (e.g., airline respirators with an
tify or reasonably estimate the em- air-purifying filter), employers must
ployee exposure, the employer shall ensure that the assigned protection
consider the atmosphere to be IDLH. factor is appropriate to the mode of op-
(iv) The employer shall select res- eration in which the respirator is being
pirators from a sufficient number of used.
TABLE 1—ASSIGNED PROTECTION FACTORS 5
Quarter Full face- Helmet/ Loose-fitting
Type of respirator 1,2 Half mask
mask piece hood facepiece
1. Air-Purifying Respirator ............................................. 5 3 10 50 .................... ....................

2. Powered Air-Purifying Respirator (PAPR) ................ .................... 50 1,000 4 25/1,000 25
3. Supplied-Air Respirator (SAR) or Airline Respirator.
• Demand mode ............................................. .................... 10 50 .................... ....................
• Continuous flow mode ................................ .................... 50 1,000 4 25/1,000 25
• Pressure-demand or other positive-pres-
sure mode ................................................... .................... 50 1,000 .................... ....................
422
TABLE 1—ASSIGNED PROTECTION FACTORS 5—Continued

Quarter Full face- Helmet/ Loose-fitting
Type of respirator 1,2 Half mask
mask piece hood facepiece
4. Self-Contained Breathing Apparatus (SCBA).

• Demand mode ............................................. .................... 10 50 50 ....................
• Pressure-demand or other positive-pres-
sure mode (e.g., open/closed circuit) ......... .................... .................... 10,000 10,000 ....................
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 per-
formance at a level of protection of 1,000 or greater to receive an APF of 1,000. This level of performance can best be dem-
onstrated by performing a WPF or SWPF study or equivalent testing. Absent such testing, all other PAPRs and SARs with hel-
mets/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 sub-
stances covered by 29 CFR 1910 subpart Z, employers must refer to the appropriate substance-specific standards in that sub-
part. Escape respirators for other IDLH atmospheres are specified by 29 CFR 1910.134 (d)(2)(ii).
(B) Maximum Use Concentration pirator program the information and

(MUC). (1) The employer must select a data relied upon and the basis for the
respirator for employee use that main- canister and cartridge change schedule
tains the employee’s exposure to the and the basis for reliance on the data.
hazardous substance, when measured (iv) For protection against particu-
outside the respirator, at or below the lates, the employer shall provide:
MUC. (A) An atmosphere-supplying res-
(2) Employers must not apply MUCs
pirator; or
to conditions that are immediately
(B) An air-purifying respirator
dangerous to life or health (IDLH); in-
stead, they must use respirators listed equipped with a filter certified by
for IDLH conditions in paragraph (d)(2) NIOSH under 30 CFR part 11 as a high
of this standard. efficiency particulate air (HEPA) fil-
(3) When the calculated MUC exceeds ter, or an air-purifying respirator
the IDLH level for a hazardous sub- equipped with a filter certified for par-
stance, or the performance limits of ticulates by NIOSH under 42 CFR part
the cartridge or canister, then employ- 84; or
ers must set the maximum MUC at (C) For contaminants consisting pri-
that lower limit. marily of particles with mass median
(ii) The respirator selected shall be aerodynamic diameters (MMAD) of at
appropriate for the chemical state and least 2 micrometers, an air-purifying
physical form of the contaminant. respirator equipped with any filter cer-
(iii) For protection against gases and tified for particulates by NIOSH.
vapors, the employer shall provide:
(A) An atmosphere-supplying res- TABLE I—ASSIGNED PROTECTION
pirator, or FACTORS [RESERVED]
(B) An air-purifying respirator, pro-
vided that: TABLE II
(1) The respirator is equipped with an
end-of-service-life indicator (ESLI) cer- Oxygen deficient
Atmospheres (% 02) for
tified by NIOSH for the contaminant; Altitude (ft.) which the employer may rely
or on atmosphere-supplying res-
pirators
(2) If there is no ESLI appropriate for
conditions in the employer’s work- Less than 3,001 ..................... 16.0–19.5
place, the employer implements a 3,001–4,000 ........................... 16.4–19.5
change schedule for canisters and car- 4,001–5,000 ........................... 17.1–19.5
5,001–6,000 ........................... 17.8–19.5
tridges that is based on objective infor-
6,001–7,000 ........................... 18.5–19.5
mation or data that will ensure that 7,001–8,0001 ......................... 19.3–19.5.
canisters and cartridges are changed
1 Above 8,000 feet the exception does not apply. Oxygen-
before the end of their service life. The
enriched breathing air must be supplied above 14,000 feet.

employer shall describe in the res-
423
(e) Medical evaluation. Using a res- (ii) The employer shall provide the
pirator may place a physiological bur- employee with an opportunity to dis-
den on employees that varies with the cuss the questionnaire and examina-
type of respirator worn, the job and tion results with the PLHCP.
workplace conditions in which the res- (5) Supplemental information for the
pirator is used, and the medical status PLHCP. (i) The following information
of the employee. Accordingly, this must be provided to the PLHCP before
paragraph specifies the minimum re- the PLHCP makes a recommendation
quirements for medical evaluation that concerning an employee’s ability to use
employers must implement to deter- a respirator:
mine the employee’s ability to use a (A) The type and weight of the res-
respirator. pirator to be used by the employee;
(1) General. The employer shall pro- (B) The duration and frequency of
vide a medical evaluation to determine respirator use (including use for rescue
the employee’s ability to use a res- and escape);
pirator, before the employee is fit test- (C) The expected physical work ef-
ed or required to use the respirator in fort;
the workplace. The employer may dis- (D) Additional protective clothing
continue an employee’s medical eval- and equipment to be worn; and
uations when the employee is no longer (E) Temperature and humidity ex-
required to use a respirator. tremes that may be encountered.
(2) Medical evaluation procedures. (i) (ii) Any supplemental information
The employer shall identify a physi- provided previously to the PLHCP re-
cian or other licensed health care pro- garding an employee need not be pro-
fessional (PLHCP) to perform medical vided for a subsequent medical evalua-
evaluations using a medical question- tion if the information and the PLHCP
naire or an initial medical examination remain the same.
that obtains the same information as (iii) The employer shall provide the
the medical questionnaire. PLHCP with a copy of the written res-
(ii) The medical evaluation shall ob- piratory protection program and a
tain the information requested by the copy of this section.
questionnaire in Sections 1 and 2, Part
A of Appendix C of this section. NOTE TO PARAGRAPH (e)(5)(iii): When the
employer replaces a PLHCP, the employer
(3) Follow-up medical examination. (i) must ensure that the new PLHCP obtains
The employer shall ensure that a fol- this information, either by providing the
low-up medical examination is pro- documents directly to the PLHCP or having
vided for an employee who gives a posi- the documents transferred from the former
tive response to any question among PLHCP to the new PLHCP. However, OSHA
questions 1 through 8 in Section 2, Part does not expect employers to have employees
A of Appendix C or whose initial med- medically reevaluated solely because a new
PLHCP has been selected.
ical examination demonstrates the
need for a follow-up medical examina- (6) Medical determination. In deter-
tion. mining the employee’s ability to use a
(ii) The follow-up medical examina- respirator, the employer shall:
tion shall include any medical tests, (i) Obtain a written recommendation
consultations, or diagnostic procedures regarding the employee’s ability to use
that the PLHCP deems necessary to the respirator from the PLHCP. The
make a final determination. recommendation shall provide only the
(4) Administration of the medical ques- following information:
tionnaire and examinations. (i) The med- (A) Any limitations on respirator use
ical questionnaire and examinations related to the medical condition of the
shall be administered confidentially employee, or relating to the workplace
during the employee’s normal working conditions in which the respirator will
hours or at a time and place conven- be used, including whether or not the
ient to the employee. The medical employee is medically able to use the
questionnaire shall be administered in respirator;
a manner that ensures that the em- (B) The need, if any, for follow-up
ployee understands its content. medical evaluations; and
424
(C) A statement that the PLHCP has piece respirator is fit tested prior to
provided the employee with a copy of initial use of the respirator, whenever
the PLHCP’s written recommendation. a different respirator facepiece (size,
(ii) If the respirator is a negative style, model or make) is used, and at
pressure respirator and the PLHCP least annually thereafter.
finds a medical condition that may (3) The employer shall conduct an ad-
place the employee’s health at in- ditional fit test whenever the employee
creased risk if the respirator is used, reports, or the employer, PLHCP, su-
the employer shall provide a PAPR if pervisor, or program administrator
the PLHCP’s medical evaluation finds makes visual observations of, changes
that the employee can use such a res- in the employee’s physical condition
pirator; if a subsequent medical eval- that could affect respirator fit. Such
uation finds that the employee is medi-
conditions include, but are not limited
cally able to use a negative pressure
to, facial scarring, dental changes, cos-
respirator, then the employer is no
metic surgery, or an obvious change in
longer required to provide a PAPR.
(7) Additional medical evaluations. At a body weight.
minimum, the employer shall provide (4) If after passing a QLFT or QNFT,
additional medical evaluations that the employee subsequently notifies the
comply with the requirements of this employer, program administrator, su-
section if: pervisor, or PLHCP that the fit of the
(i) An employee reports medical signs respirator is unacceptable, the em-
or symptoms that are related to ability ployee shall be given a reasonable op-
to use a respirator; portunity to select a different res-
(ii) A PLHCP, supervisor, or the respirator facepiece and to be retested.
pirator program administrator informs (5) The fit test shall be administered
the employer that an employee needs using an OSHA-accepted QLFT or
to be reevaluated; QNFT protocol. The OSHA-accepted
(iii) Information from the respiratory QLFT and QNFT protocols and proce-
protection program, including observa- dures are contained in Appendix A of
tions made during fit testing and pro- this section.
gram evaluation, indicates a need for (6) QLFT may only be used to fit test
employee reevaluation; or negative pressure air-purifying res-
(iv) A change occurs in workplace pirators that must achieve a fit factor
conditions (e.g., physical work effort, of 100 or less.
protective clothing, temperature) that (7) If the fit factor, as determined
may result in a substantial increase in through an OSHA-accepted QNFT pro-
the physiological burden placed on an tocol, is equal to or greater than 100 for
employee.
tight-fitting half facepieces, or equal
(f) Fit testing. This paragraph requires
to or greater than 500 for tight-fitting
that, before an employee may be re-
full facepieces, the QNFT has been
quired to use any respirator with a
passed with that respirator.
negative or positive pressure tight-fit-
ting facepiece, the employee must be (8) Fit testing of tight-fitting atmos-
fit tested with the same make, model, phere-supplying respirators and tight-
style, and size of respirator that will be fitting powered air-purifying res-
used. This paragraph specifies the pirators shall be accomplished by per-
kinds of fit tests allowed, the proce- forming quantitative or qualitative fit
dures for conducting them, and how testing in the negative pressure mode,
the results of the fit tests must be regardless of the mode of operation
used. (negative or positive pressure) that is
(1) The employer shall ensure that used for respiratory protection.
employees using a tight-fitting face- (i) Qualitative fit testing of these res-
piece respirator pass an appropriate pirators shall be accomplished by tem-
qualitative fit test (QLFT) or quan- porarily converting the respirator
titative fit test (QNFT) as stated in user’s actual facepiece into a negative
this paragraph. pressure respirator with appropriate
(2) The employer shall ensure that an filters, or by using an identical nega-
employee using a tight-fitting face- tive pressure air-purifying respirator
425
facepiece with the same sealing sur- cedures recommended by the respirator
faces as a surrogate for the atmos- manufacturer that the employer dem-
phere-supplying or powered air-puri- onstrates are as effective as those in
fying respirator facepiece. Appendix B–1 of this section.
(ii) Quantitative fit testing of these (2) Continuing respirator effectiveness.
respirators shall be accomplished by (i) Appropriate surveillance shall be
modifying the facepiece to allow sam- maintained of work area conditions
pling inside the facepiece in the and degree of employee exposure or
breathing zone of the user, midway be- stress. When there is a change in work
tween the nose and mouth. This re- area conditions or degree of employee
quirement shall be accomplished by in- exposure or stress that may affect res-
stalling a permanent sampling probe pirator effectiveness, the employer
onto a surrogate facepiece, or by using shall reevaluate the continued effec-
a sampling adapter designed to tempo- tiveness of the respirator.
rarily provide a means of sampling air (ii) The employer shall ensure that
from inside the facepiece. employees leave the respirator use
(iii) Any modifications to the res- area:
pirator facepiece for fit testing shall be (A) To wash their faces and res-
completely removed, and the facepiece pirator facepieces as necessary to pre-
restored to NIOSH-approved configura- vent eye or skin irritation associated
tion, before that facepiece can be used with respirator use; or
in the workplace. (B) If they detect vapor or gas break-
(g) Use of respirators. This paragraph through, changes in breathing resist-
requires employers to establish and im- ance, or leakage of the facepiece; or
plement procedures for the proper use (C) To replace the respirator or the
of respirators. These requirements in- filter, cartridge, or canister elements.
clude prohibiting conditions that may
(iii) If the employee detects vapor or
result in facepiece seal leakage, pre-
gas breakthrough, changes in breath-
venting employees from removing res-
ing resistance, or leakage of the face-
pirators in hazardous environments,
piece, the employer must replace or re-
taking actions to ensure continued ef-
pair the respirator before allowing the
fective respirator operation throughout
employee to return to the work area.
the work shift, and establishing proce-
(3) Procedures for IDLH atmospheres.
dures for the use of respirators in IDLH
For all IDLH atmospheres, the em-
atmospheres or in interior structural
ployer shall ensure that:
firefighting situations.
(1) Facepiece seal protection. (i) The (i) One employee or, when needed,
employer shall not permit respirators more than one employee is located out-
with tight-fitting facepieces to be worn side the IDLH atmosphere;
by employees who have: (ii) Visual, voice, or signal line com-
(A) Facial hair that comes between munication is maintained between the
the sealing surface of the facepiece and employee(s) in the IDLH atmosphere
the face or that interferes with valve and the employee(s) located outside
function; or the IDLH atmosphere;
(B) Any condition that interferes (iii) The employee(s) located outside
with the face-to-facepiece seal or valve the IDLH atmosphere are trained and
function. equipped to provide effective emer-
(ii) If an employee wears corrective gency rescue;
glasses or goggles or other personal (iv) The employer or designee is noti-
protective equipment, the employer fied before the employee(s) located out-
shall ensure that such equipment is side the IDLH atmosphere enter the
worn in a manner that does not inter- IDLH atmosphere to provide emer-
fere with the seal of the facepiece to gency rescue;
the face of the user. (v) The employer or designee author-
(iii) For all tight-fitting respirators, ized to do so by the employer, once no-
the employer shall ensure that employ- tified, provides necessary assistance
ees perform a user seal check each appropriate to the situation;
time they put on the respirator using (vi) Employee(s) located outside the
the procedures in Appendix B–1 or pro- IDLH atmospheres are equipped with:
426
(A) Pressure demand or other posi- respirators shall be cleaned and dis-
tive pressure SCBAs, or a pressure de- infected at the following intervals:
mand or other positive pressure sup- (i) Respirators issued for the exclu-
plied-air respirator with auxiliary sive use of an employee shall be
SCBA; and either cleaned and disinfected as often as nec-
(B) Appropriate retrieval equipment essary to be maintained in a sanitary
for removing the employee(s) who condition;
enter(s) these hazardous atmospheres (ii) Respirators issued to more than
where retrieval equipment would con- one employee shall be cleaned and dis-
tribute to the rescue of the employee(s) infected before being worn by different
and would not increase the overall risk individuals;
resulting from entry; or (iii) Respirators maintained for
(C) Equivalent means for rescue emergency use shall be cleaned and dis-
where retrieval equipment is not re- infected after each use; and
quired under paragraph (g)(3)(vi)(B). (iv) Respirators used in fit testing
(4) Procedures for interior structural and training shall be cleaned and dis-
firefighting. In addition to the require- infected after each use.
ments set forth under paragraph (g)(3), (2) Storage. The employer shall ensure
in interior structural fires, the em- that respirators are stored as follows:
ployer shall ensure that: (i) All respirators shall be stored to
(i) At least two employees enter the protect them from damage, contamina-
IDLH atmosphere and remain in visual tion, dust, sunlight, extreme tempera-
or voice contact with one another at tures, excessive moisture, and dam-
all times; aging chemicals, and they shall be
(ii) At least two employees are lo- packed or stored to prevent deforma-
cated outside the IDLH atmosphere; tion of the facepiece and exhalation
and valve.
(iii) All employees engaged in inte- (ii) In addition to the requirements of
rior structural firefighting use SCBAs. paragraph (h)(2)(i) of this section,
emergency respirators shall be:
NOTE 1 TO PARAGRAPH (g): One of the two (A) Kept accessible to the work area;
individuals located outside the IDLH atmos- (B) Stored in compartments or in
phere may be assigned to an additional role,
such as incident commander in charge of the
covers that are clearly marked as con-
emergency or safety officer, so long as this taining emergency respirators; and
individual is able to perform assistance or (C) Stored in accordance with any ap-
rescue activities without jeopardizing the plicable manufacturer instructions.
safety or health of any firefighter working at (3) Inspection. (i) The employer shall
the incident. ensure that respirators are inspected as
NOTE 2 TO PARAGRAPH (g): Nothing in this follows:
section is meant to preclude firefighters (A) All respirators used in routine
from performing emergency rescue activities
situations shall be inspected before
before an entire team has assembled.
each use and during cleaning;
(h) Maintenance and care of res- (B) All respirators maintained for use
pirators. This paragraph requires the in emergency situations shall be in-
employer to provide for the cleaning spected at least monthly and in accord-
and disinfecting, storage, inspection, ance with the manufacturer’s rec-
and repair of respirators used by em- ommendations, and shall be checked
ployees. for proper function before and after
(1) Cleaning and disinfecting. The em- each use; and
ployer shall provide each respirator (C) Emergency escape-only res-
user with a respirator that is clean, pirators shall be inspected before being
sanitary, and in good working order. carried into the workplace for use.
The employer shall ensure that res- (ii) The employer shall ensure that
pirators are cleaned and disinfected respirator inspections include the fol-
using the procedures in Appendix B–2 lowing:
of this section, or procedures rec- (A) A check of respirator function,
ommended by the respirator manufac- tightness of connections, and the con-
turer, provided that such procedures dition of the various parts including,
are of equivalent effectiveness. The but not limited to, the facepiece, head
427
straps, valves, connecting tube, and (i) Breathing air quality and use. This
cartridges, canisters or filters; and paragraph requires the employer to
(B) A check of elastomeric parts for provide employees using atmosphere-
pliability and signs of deterioration. supplying respirators (supplied-air and
(iii) In addition to the requirements SCBA) with breathing gases of high pu-
of paragraphs (h)(3)(i) and (ii) of this rity.
section, self-contained breathing appa- (1) The employer shall ensure that
ratus shall be inspected monthly. Air compressed air, compressed oxygen,
and oxygen cylinders shall be main- liquid air, and liquid oxygen used for
tained in a fully charged state and respiration accords with the following
shall be recharged when the pressure specifications:
falls to 90% of the manufacturer’s rec- (i) Compressed and liquid oxygen
ommended pressure level. The em- shall meet the United States Pharma-
ployer shall determine that the regu- copoeia requirements for medical or
lator and warning devices function breathing oxygen; and
properly. (ii) Compressed breathing air shall
(iv) For respirators maintained for meet at least the requirements for
emergency use, the employer shall: Grade D breathing air described in
(A) Certify the respirator by docu- ANSI/Compressed Gas Association
menting the date the inspection was Commodity Specification for Air, G–
performed, the name (or signature) of 7.1–1989, to include:
the person who made the inspection, (A) Oxygen content (v/v) of 19.5–
the findings, required remedial action, 23.5%;
and a serial number or other means of (B) Hydrocarbon (condensed) content
identifying the inspected respirator; of 5 milligrams per cubic meter of air
and or less;
(B) Provide this information on a tag (C) Carbon monoxide (CO) content of
or label that is attached to the storage 10 ppm or less;
compartment for the respirator, is kept (D) Carbon dioxide content of 1,000
with the respirator, or is included in ppm or less; and
inspection reports stored as paper or (E) Lack of noticeable odor.
electronic files. This information shall (2) The employer shall ensure that
be maintained until replaced following compressed oxygen is not used in at-
a subsequent certification. mosphere-supplying respirators that
(4) Repairs. The employer shall ensure have previously used compressed air.
that respirators that fail an inspection (3) The employer shall ensure that
or are otherwise found to be defective oxygen concentrations greater than
are removed from service, and are dis- 23.5% are used only in equipment de-
carded or repaired or adjusted in ac- signed for oxygen service or distribu-
cordance with the following proce- tion.
dures: (4) The employer shall ensure that
(i) Repairs or adjustments to res- cylinders used to supply breathing air
pirators are to be made only by persons to respirators meet the following re-
appropriately trained to perform such quirements:
operations and shall use only the res- (i) Cylinders are tested and main-
pirator manufacturer’s NIOSH-ap- tained as prescribed in the Shipping
proved parts designed for the res- Container Specification Regulations of
pirator; the Department of Transportation (49
(ii) Repairs shall be made according CFR part 173 and part 178);
to the manufacturer’s recommenda- (ii) Cylinders of purchased breathing
tions and specifications for the type air have a certificate of analysis from
and extent of repairs to be performed; the supplier that the breathing air
and meets the requirements for Grade D
(iii) Reducing and admission valves, breathing air; and
regulators, and alarms shall be ad- (iii) The moisture content in the cyl-
justed or repaired only by the manufac- inder does not exceed a dew point of
turer or a technician trained by the ¥50 °F (¥45.6 °C) at 1 atmosphere pres-
manufacturer. sure.
428
(5) The employer shall ensure that graph also requires the employer to
compressors used to supply breathing provide the basic information on res-
air to respirators are constructed and pirators in Appendix D of this section
situated so as to: to employees who wear respirators
(i) Prevent entry of contaminated air when not required by this section or by
into the air-supply system; the employer to do so.
(ii) Minimize moisture content so (1) The employer shall ensure that
that the dew point at 1 atmosphere each employee can demonstrate knowl-
pressure is 10 degrees F (5.56 °C) below edge of at least the following:
the ambient temperature;
(i) Why the respirator is necessary
(iii) Have suitable in-line air-puri-
and how improper fit, usage, or mainte-
fying sorbent beds and filters to fur-
ther ensure breathing air quality. Sor- nance can compromise the protective
bent beds and filters shall be main- effect of the respirator;
tained and replaced or refurbished peri- (ii) What the limitations and capa-
odically following the manufacturer’s bilities of the respirator are;
instructions. (iii) How to use the respirator effec-
(iv) Have a tag containing the most tively in emergency situations, includ-
recent change date and the signature of ing situations in which the respirator
the person authorized by the employer malfunctions;
to perform the change. The tag shall be (iv) How to inspect, put on and re-
maintained at the compressor. move, use, and check the seals of the
(6) For compressors that are not oil- respirator;
lubricated, the employer shall ensure (v) What the procedures are for main-
that carbon monoxide levels in the tenance and storage of the respirator;
breathing air do not exceed 10 ppm. (vi) How to recognize medical signs
(7) For oil-lubricated compressors, and symptoms that may limit or pre-
the employer shall use a high-tempera-
vent the effective use of respirators;
ture or carbon monoxide alarm, or
and
both, to monitor carbon monoxide lev-
els. If only high-temperature alarms (vii) The general requirements of this
are used, the air supply shall be mon- section.
itored at intervals sufficient to prevent (2) The training shall be conducted in
carbon monoxide in the breathing air a manner that is understandable to the
from exceeding 10 ppm. employee.
(8) The employer shall ensure that (3) The employer shall provide the
breathing air couplings are incompat- training prior to requiring the em-
ible with outlets for nonrespirable ployee to use a respirator in the work-
worksite air or other gas systems. No place.
asphyxiating substance shall be intro- (4) An employer who is able to dem-
duced into breathing air lines. onstrate that a new employee has re-
(9) The employer shall use breathing ceived training within the last 12
gas containers marked in accordance months that addresses the elements
with the NIOSH respirator certifi- specified in paragraph (k)(1)(i) through
cation standard, 42 CFR part 84. (vii) is not required to repeat such
(j) Identification of filters, cartridges, training provided that, as required by
and canisters. The employer shall en- paragraph (k)(1), the employee can
sure that all filters, cartridges and can-
demonstrate knowledge of those ele-
isters used in the workplace are labeled
ment(s). Previous training not repeated
and color coded with the NIOSH ap-
proval label and that the label is not initially by the employer must be pro-
removed and remains legible. vided no later than 12 months from the
(k) Training and information. This date of the previous training.
paragraph requires the employer to (5) Retraining shall be administered
provide effective training to employees annually, and when the following situ-
who are required to use respirators. ations occur:
The training must be comprehensive, (i) Changes in the workplace or the
understandable, and recur annually, type of respirator render previous
and more often if necessary. This para- training obsolete;
429
(ii) Inadequacies in the employee’s (1) Medical evaluation. Records of

knowledge or use of the respirator indi- medical evaluations required by this
cate that the employee has not re- section must be retained and made
tained the requisite understanding or available in accordance with 29 CFR
skill; or 1910.1020.
(iii) Any other situation arises in (2) Fit testing. (i) The employer shall
which retraining appears necessary to establish a record of the qualitative
ensure safe respirator use. and quantitative fit tests administered
(6) The basic advisory information on to an employee including:
respirators, as presented in Appendix D (A) The name or identification of the
of this section, shall be provided by the employee tested;
employer in any written or oral for- (B) Type of fit test performed;
mat, to employees who wear res- (C) Specific make, model, style, and
pirators when such use is not required size of respirator tested;
by this section or by the employer. (D) Date of test; and
(l) Program evaluation. This section (E) The pass/fail results for QLFTs or
requires the employer to conduct eval- the fit factor and strip chart recording
uations of the workplace to ensure that or other recording of the test results
the written respiratory protection pro- for QNFTs.
gram is being properly implemented, (ii) Fit test records shall be retained
and to consult employees to ensure for respirator users until the next fit
that they are using the respirators test is administered.
properly. (3) A written copy of the current res-
(1) The employer shall conduct eval- pirator program shall be retained by
uations of the workplace as necessary the employer.
to ensure that the provisions of the (4) Written materials required to be
current written program are being ef- retained under this paragraph shall be
fectively implemented and that it con- made available upon request to af-
tinues to be effective. fected employees and to the Assistant
(2) The employer shall regularly con- Secretary or designee for examination
sult employees required to use res- and copying.
pirators to assess the employees’ views (n) Effective date. Paragraphs
on program effectiveness and to iden- (d)(3)(i)(A) and (d)(3)(i)(B) of this sec-
tify any problems. Any problems that tion become effective November 22,
are identified during this assessment 2006.
shall be corrected. Factors to be as- (o) Appendices. (1) Compliance with
sessed include, but are not limited to: Appendix A, Appendix B–1, Appendix B–
(i) Respirator fit (including the abil- 2, and Appendix C of this section is
ity to use the respirator without inter- mandatory.
fering with effective workplace per- (2) Appendix D of this section is non-
formance); mandatory and is not intended to cre-
(ii) Appropriate respirator selection ate any additional obligations not oth-
for the hazards to which the employee erwise imposed or to detract from any
is exposed; existing obligations.
(iii) Proper respirator use under the
workplace conditions the employee en- APPENDIX A TO § 1910.134—FIT TESTING
PROCEDURES (MANDATORY)
counters; and
(iv) Proper respirator maintenance. PART I. OSHA-ACCEPTED FIT TEST
(m) Recordkeeping. This section re- PROTOCOLS
quires the employer to establish and
A. Fit Testing Procedures—General
retain written information regarding
Requirements
medical evaluations, fit testing, and
the respirator program. This informa- The employer shall conduct fit testing
tion will facilitate employee involve- using the following procedures. The require-
ments in this appendix apply to all OSHA-ac-
ment in the respirator program, assist
cepted fit test methods, both QLFT and
the employer in auditing the adequacy QNFT.
of the program, and provide a record 1. The test subject shall be allowed to pick
for compliance determinations by the most acceptable respirator from a suffi-
OSHA. cient number of respirator models and sizes
430
so that the respirator is acceptable to, and lected and retested if the test subject fails
correctly fits, the user. the user seal check tests.
2. Prior to the selection process, the test 9. The test shall not be conducted if there
subject shall be shown how to put on a resis any hair growth between the skin and the
pirator, how it should be positioned on the facepiece sealing surface, such as stubble
face, how to set strap tension and how to de- beard growth, beard, mustache or sideburns
termine an acceptable fit. A mirror shall be which cross the respirator sealing surface.
available to assist the subject in evaluating Any type of apparel which interferes with a
the fit and positioning of the respirator. This satisfactory fit shall be altered or removed.
instruction may not constitute the subject’s 10. If a test subject exhibits difficulty in
formal training on respirator use, because it breathing during the tests, she or he shall be
is only a review. referred to a physician or other licensed
3. The test subject shall be informed that health care professional, as appropriate, to
he/she is being asked to select the respirator determine whether the test subject can wear
that provides the most acceptable fit. Each a respirator while performing her or his du-
respirator represents a different size and ties.
shape, and if fitted and used properly, will 11. If the employee finds the fit of the res-
provide adequate protection. pirator unacceptable, the test subject shall
4. The test subject shall be instructed to be given the opportunity to select a different
hold each chosen facepiece up to the face and respirator and to be retested.
eliminate those that obviously do not give 12. Exercise regimen. Prior to the com-
an acceptable fit. mencement of the fit test, the test subject
5. The more acceptable facepieces are shall be given a description of the fit test
noted in case the one selected proves unac- and the test subject’s responsibilities during
ceptable; the most comfortable mask is the test procedure. The description of the
donned and worn at least five minutes to as- process shall include a description of the test
sess comfort. Assistance in assessing comfort exercises that the subject will be performing.
can be given by discussing the points in the The respirator to be tested shall be worn for
following item A.6. If the test subject is not at least 5 minutes before the start of the fit
familiar with using a particular respirator, test.
the test subject shall be directed to don the 13. The fit test shall be performed while
mask several times and to adjust the straps the test subject is wearing any applicable
each time to become adept at setting proper safety equipment that may be worn during
tension on the straps. actual respirator use which could interfere
6. Assessment of comfort shall include a re- with respirator fit.
view of the following points with the test 14. Test Exercises. (a) Employers must per-
subject and allowing the test subject ade- form the following test exercises for all fit
quate time to determine the comfort of the testing methods prescribed in this appendix,
respirator: except for the CNP quantitative fit testing
(a) Position of the mask on the nose protocol and the CNP REDON quantitative
(b) Room for eye protection fit testing protocol. For these two protocols,
(c) Room to talk employers must ensure that the test subjects
(d) Position of mask on face and cheeks (i.e., employees) perform the exercise proce-
7. The following criteria shall be used to dure specified in Part I.C.4(b) of this appen-
help determine the adequacy of the res- dix for the CNP quantitative fit testing pro-
pirator fit: tocol, or the exercise procedure described in
(a) Chin properly placed; Part I.C.5(b) of this appendix for the CNP
(b) Adequate strap tension, not overly REDON quantitative fit-testing protocol.
tightened; For the remaining fit testing methods, em-
(c) Fit across nose bridge; ployers must ensure that employees perform
(d) Respirator of proper size to span dis- the test exercises in the appropriate test en-
tance from nose to chin; vironment in the following manner:
(e) Tendency of respirator to slip; (1) Normal breathing. In a normal standing
(f) Self-observation in mirror to evaluate position, without talking, the subject shall
fit and respirator position. breathe normally.
8. The test subject shall conduct a user (2) Deep breathing. In a normal standing
seal check, either the negative and positive position, the subject shall breathe slowly
pressure seal checks described in Appendix and deeply, taking caution so as not to
B–1 of this section or those recommended by hyperventilate.
the respirator manufacturer which provide (3) Turning head side to side. Standing in
equivalent protection to the procedures in place, the subject shall slowly turn his/her
Appendix B–1. Before conducting the nega- head from side to side between the extreme
tive and positive pressure checks, the subject positions on each side. The head shall be held
shall be told to seat the mask on the face by at each extreme momentarily so the subject
moving the head from side-to-side and up can inhale at each side.
and down slowly while taking in a few slow
(4) Moving head up and down. Standing in

deep breaths. Another facepiece shall be se- place, the subject shall slowly move his/her
431
head up and down. The subject shall be in- (a) Odor Threshold Screening
structed to inhale in the up position (i.e., Odor threshold screening, performed with-
when looking toward the ceiling). out wearing a respirator, is intended to de-
(5) Talking. The subject shall talk out loud termine if the individual tested can detect
slowly and loud enough so as to be heard the odor of isoamyl acetate at low levels.
clearly by the test conductor. The subject (1) Three 1 liter glass jars with metal lids
can read from a prepared text such as the are required.
Rainbow Passage, count backward from 100, (2) Odor-free water (e.g., distilled or spring
or recite a memorized poem or song. water) at approximately 25 °C (77 °F) shall be
used for the solutions.
Rainbow Passage (3) The isoamyl acetate (IAA) (also known
When the sunlight strikes raindrops in the at isopentyl acetate) stock solution is pre-
air, they act like a prism and form a rain- pared by adding 1 ml of pure IAA to 800 ml
bow. The rainbow is a division of white light of odor-free water in a 1 liter jar, closing the
into many beautiful colors. These take the lid and shaking for 30 seconds. A new solu-
shape of a long round arch, with its path tion shall be prepared at least weekly.
high above, and its two ends apparently be- (4) The screening test shall be conducted in
yond the horizon. There is, according to leg- a room separate from the room used for ac-
end, a boiling pot of gold at one end. People tual fit testing. The two rooms shall be well-
look, but no one ever finds it. When a man ventilated to prevent the odor of IAA from
looks for something beyond reach, his becoming evident in the general room air
friends say he is looking for the pot of gold where testing takes place.
at the end of the rainbow. (5) The odor test solution is prepared in a
(6) Grimace. The test subject shall grimace second jar by placing 0.4 ml of the stock so-
by smiling or frowning. (This applies only to lution into 500 ml of odor-free water using a
QNFT testing; it is not performed for QLFT) clean dropper or pipette. The solution shall
(7) Bending over. The test subject shall be shaken for 30 seconds and allowed to
bend at the waist as if he/she were to touch stand for two to three minutes so that the
his/her toes. Jogging in place shall be sub- IAA concentration above the liquid may
stituted for this exercise in those test envi- reach equilibrium. This solution shall be
ronments such as shroud type QNFT or used for only one day.
QLFT units that do not permit bending over (6) A test blank shall be prepared in a third
at the waist. jar by adding 500 cc of odor-free water.
(8) Normal breathing. Same as exercise (1). (7) The odor test and test blank jar lids
(b) Each test exercise shall be performed shall be labeled (e.g., 1 and 2) for jar identi-
for one minute except for the grimace exer- fication. Labels shall be placed on the lids so
cise which shall be performed for 15 seconds. that they can be peeled off periodically and
The test subject shall be questioned by the switched to maintain the integrity of the
test conductor regarding the comfort of the test.
respirator upon completion of the protocol. (8) The following instruction shall be typed
If it has become unacceptable, another on a card and placed on the table in front of
model of respirator shall be tried. The res- the two test jars (i.e., 1 and 2): ‘‘The purpose
pirator shall not be adjusted once the fit test of this test is to determine if you can smell
exercises begin. Any adjustment voids the banana oil at a low concentration. The two
test, and the fit test must be repeated. bottles in front of you contain water. One of
these bottles also contains a small amount
B. Qualitative Fit Test (QLFT) Protocols of banana oil. Be sure the covers are on
1. General tight, then shake each bottle for two sec-
onds. Unscrew the lid of each bottle, one at
(a) The employer shall ensure that persons a time, and sniff at the mouth of the bottle.
administering QLFT are able to prepare test Indicate to the test conductor which bottle
solutions, calibrate equipment and perform contains banana oil.’’
tests properly, recognize invalid tests, and (9) The mixtures used in the IAA odor de-
ensure that test equipment is in proper tection test shall be prepared in an area sep-
working order. arate from where the test is performed, in
(b) The employer shall ensure that QLFT order to prevent olfactory fatigue in the sub-
equipment is kept clean and well maintained ject.
so as to operate within the parameters for (10) If the test subject is unable to cor-
which it was designed. rectly identify the jar containing the odor
test solution, the IAA qualitative fit test
2. Isoamyl Acetate Protocol
shall not be performed.
NOTE: This protocol is not appropriate to (11) If the test subject correctly identifies
use for the fit testing of particulate res- the jar containing the odor test solution, the
pirators. If used to fit test particulate res- test subject may proceed to respirator selec-
pirators, the respirator must be equipped tion and fit testing.
with an organic vapor filter. (b) Isoamyl Acetate Fit Test
432
(1) The fit test chamber shall be a clear 55- (10) When the test subject leaves the cham-
gallon drum liner suspended inverted over a ber, the subject shall remove the saturated
2-foot diameter frame so that the top of the towel and return it to the person conducting
chamber is about 6 inches above the test sub- the test, so that there is no significant IAA
ject’s head. If no drum liner is available, a concentration buildup in the chamber during
similar chamber shall be constructed using subsequent tests. The used towels shall be
plastic sheeting. The inside top center of the kept in a self-sealing plastic bag to keep the
chamber shall have a small hook attached. test area from being contaminated.
(2) Each respirator used for the fitting and
fit testing shall be equipped with organic 3. Saccharin Solution Aerosol Protocol
vapor cartridges or offer protection against The entire screening and testing procedure
organic vapors. shall be explained to the test subject prior to
(3) After selecting, donning, and properly
the conduct of the screening test.
adjusting a respirator, the test subject shall
(a) Taste threshold screening. The sac-
wear it to the fit testing room. This room
charin taste threshold screening, performed
shall be separate from the room used for
without wearing a respirator, is intended to
odor threshold screening and respirator se-
determine whether the individual being test-
lection, and shall be well-ventilated, as by an
ed can detect the taste of saccharin.
exhaust fan or lab hood, to prevent general
room contamination. (1) During threshold screening as well as
(4) A copy of the test exercises and any during fit testing, subjects shall wear an en-
prepared text from which the subject is to closure about the head and shoulders that is
read shall be taped to the inside of the test approximately 12 inches in diameter by 14
chamber. inches tall with at least the front portion
(5) Upon entering the test chamber, the clear and that allows free movements of the
test subject shall be given a 6-inch by 5-inch head when a respirator is worn. An enclosure
piece of paper towel, or other porous, absorb- substantially similar to the 3M hood assem-
ent, single-ply material, folded in half and bly, parts # FT 14 and # FT 15 combined, is
wetted with 0.75 ml of pure IAA. The test adequate.
subject shall hang the wet towel on the hook (2) The test enclosure shall have a 3⁄4-inch
at the top of the chamber. An IAA test swab (1.9 cm) hole in front of the test subject’s
or ampule may be substituted for the IAA nose and mouth area to accommodate the
wetted paper towel provided it has been dem- nebulizer nozzle.
onstrated that the alternative IAA source (3) The test subject shall don the test en-
will generate an IAA test atmosphere with a closure. Throughout the threshold screening
concentration equivalent to that generated test, the test subject shall breathe through
by the paper towel method. his/her slightly open mouth with tongue ex-
(6) Allow two minutes for the IAA test con- tended. The subject is instructed to report
centration to stabilize before starting the fit when he/she detects a sweet taste.
test exercises. This would be an appropriate (4) Using a DeVilbiss Model 40 Inhalation
time to talk with the test subject; to explain Medication Nebulizer or equivalent, the test
the fit test, the importance of his/her co- conductor shall spray the threshold check
operation, and the purpose for the test exer- solution into the enclosure. The nozzle is di-
cises; or to demonstrate some of the exer- rected away from the nose and mouth of the
cises. person. This nebulizer shall be clearly
(7) If at any time during the test, the sub- marked to distinguish it from the fit test so-
ject detects the banana-like odor of IAA, the lution nebulizer.
test is failed. The subject shall quickly exit (5) The threshold check solution is pre-
from the test chamber and leave the test pared by dissolving 0.83 gram of sodium sac-
area to avoid olfactory fatigue. charin USP in 100 ml of warm water. It can
(8) If the test is failed, the subject shall re- be prepared by putting 1 ml of the fit test so-
turn to the selection room and remove the lution (see (b)(5) below) in 100 ml of distilled
respirator. The test subject shall repeat the water.
odor sensitivity test, select and put on an- (6) To produce the aerosol, the nebulizer
other respirator, return to the test area and bulb is firmly squeezed so that it collapses
again begin the fit test procedure described completely, then released and allowed to
in (b) (1) through (7) above. The process con- fully expand.
tinues until a respirator that fits well has (7) Ten squeezes are repeated rapidly and
been found. Should the odor sensitivity test then the test subject is asked whether the
be failed, the subject shall wait at least 5 saccharin can be tasted. If the test subject
minutes before retesting. Odor sensitivity reports tasting the sweet taste during the
will usually have returned by this time. ten squeezes, the screening test is completed.
(9) If the subject passes the test, the effi- The taste threshold is noted as ten regard-
ciency of the test procedure shall be dem- less of the number of squeezes actually com-
onstrated by having the subject break the pleted.
respirator face seal and take a breath before (8) If the first response is negative, ten
exiting the chamber. more squeezes are repeated rapidly and the
433
test subject is again asked whether the sac- number of squeezes (either 10, 20 or 30 squeez-
charin is tasted. If the test subject reports es) based on the number of squeezes required
tasting the sweet taste during the second ten to elicit a taste response as noted during the
squeezes, the screening test is completed. screening test. A minimum of 10 squeezes is
The taste threshold is noted as twenty re- required.
gardless of the number of squeezes actually (8) After generating the aerosol, the test
completed. subject shall be instructed to perform the ex-
(9) If the second response is negative, ten ercises in section I. A. 14. of this appendix.
more squeezes are repeated rapidly and the (9) Every 30 seconds the aerosol concentra-
test subject is again asked whether the sac- tion shall be replenished using one half the
charin is tasted. If the test subject reports original number of squeezes used initially
tasting the sweet taste during the third set (e.g., 5, 10 or 15).
of ten squeezes, the screening test is com- (10) The test subject shall indicate to the
pleted. The taste threshold is noted as thirty test conductor if at any time during the fit
regardless of the number of squeezes actually test the taste of saccharin is detected. If the
completed. test subject does not report tasting the sac-
(10) The test conductor will take note of charin, the test is passed.
the number of squeezes required to solicit a (11) If the taste of saccharin is detected,
taste response. the fit is deemed unsatisfactory and the test
(11) If the saccharin is not tasted after 30 is failed. A different respirator shall be tried
squeezes (step 10), the test subject is unable and the entire test procedure is repeated
to taste saccharin and may not perform the (taste threshold screening and fit testing).
saccharin fit test. (12) Since the nebulizer has a tendency to
clog during use, the test operator must make
NOTE TO PARAGRAPH 3(a): If the test subject
periodic checks of the nebulizer to ensure
eats or drinks something sweet before the
that it is not clogged. If clogging is found at
screening test, he/she may be unable to taste
the end of the test session, the test is in-
the weak saccharin solution.
valid.
(12) If a taste response is elicited, the test
subject shall be asked to take note of the 4. BitrexTM (Denatonium Benzoate) Solution
taste for reference in the fit test. Aerosol Qualitative Fit Test Protocol
(13) Correct use of the nebulizer means The BitrexTM (Denatonium benzoate) solu-
that approximately 1 ml of liquid is used at tion aerosol QLFT protocol uses the pub-
a time in the nebulizer body. lished saccharin test protocol because that
(14) The nebulizer shall be thoroughly protocol is widely accepted. Bitrex is rou-
rinsed in water, shaken dry, and refilled at tinely used as a taste aversion agent in
least each morning and afternoon or at least household liquids which children should not
every four hours. be drinking and is endorsed by the American
(b) Saccharin solution aerosol fit test pro- Medical Association, the National Safety
cedure. Council, and the American Association of
(1) The test subject may not eat, drink (ex- Poison Control Centers. The entire screening
cept plain water), smoke, or chew gum for 15 and testing procedure shall be explained to
minutes before the test. the test subject prior to the conduct of the
(2) The fit test uses the same enclosure de- screening test.
scribed in 3. (a) above. (a) Taste Threshold Screening.
(3) The test subject shall don the enclosure The Bitrex taste threshold screening, per-
while wearing the respirator selected in sec- formed without wearing a respirator, is in-
tion I. A. of this appendix. The respirator tended to determine whether the individual
shall be properly adjusted and equipped with being tested can detect the taste of Bitrex.
a particulate filter(s). (1) During threshold screening as well as
(4) A second DeVilbiss Model 40 Inhalation during fit testing, subjects shall wear an en-
Medication Nebulizer or equivalent is used closure about the head and shoulders that is
to spray the fit test solution into the enclo- approximately 12 inches (30.5 cm) in diame-
sure. This nebulizer shall be clearly marked ter by 14 inches (35.6 cm) tall. The front por-
to distinguish it from the screening test so- tion of the enclosure shall be clear from the
lution nebulizer. respirator and allow free movement of the
(5) The fit test solution is prepared by add- head when a respirator is worn. An enclosure
ing 83 grams of sodium saccharin to 100 ml of substantially similar to the 3M hood assem-
warm water. bly, parts # FT 14 and # FT 15 combined, is
(6) As before, the test subject shall breathe adequate.
through the slightly open mouth with tongue (2) The test enclosure shall have a 3⁄4 inch
extended, and report if he/she tastes the (1.9 cm) hole in front of the test subject’s
sweet taste of saccharin. nose and mouth area to accommodate the
(7) The nebulizer is inserted into the hole nebulizer nozzle.
in the front of the enclosure and an initial (3) The test subject shall don the test en-
concentration of saccharin fit test solution closure. Throughout the threshold screening
is sprayed into the enclosure using the same test, the test subject shall breathe through
434
his or her slightly open mouth with tongue (3) The test subject shall don the enclosure
extended. The subject is instructed to report while wearing the respirator selected accord-
when he/she detects a bitter taste. ing to section I. A. of this appendix. The res-
(4) Using a DeVilbiss Model 40 Inhalation pirator shall be properly adjusted and
Medication Nebulizer or equivalent, the test equipped with any type particulate filter(s).
conductor shall spray the Threshold Check (4) A second DeVilbiss Model 40 Inhalation
Solution into the enclosure. This Nebulizer Medication Nebulizer or equivalent is used
shall be clearly marked to distinguish it to spray the fit test solution into the enclo-
from the fit test solution nebulizer. sure. This nebulizer shall be clearly marked
(5) The Threshold Check Solution is pre- to distinguish it from the screening test so-
pared by adding 13.5 milligrams of Bitrex to lution nebulizer.
100 ml of 5% salt (NaCl) solution in distilled (5) The fit test solution is prepared by add-
water. ing 337.5 mg of Bitrex to 200 ml of a 5% salt
(6) To produce the aerosol, the nebulizer (NaCl) solution in warm water.
bulb is firmly squeezed so that the bulb col- (6) As before, the test subject shall breathe
lapses completely, and is then released and through his or her slightly open mouth with
allowed to fully expand. tongue extended, and be instructed to report
(7) An initial ten squeezes are repeated rap- if he/she tastes the bitter taste of Bitrex.
idly and then the test subject is asked (7) The nebulizer is inserted into the hole
whether the Bitrex can be tasted. If the test in the front of the enclosure and an initial
subject reports tasting the bitter taste dur- concentration of the fit test solution is
ing the ten squeezes, the screening test is sprayed into the enclosure using the same
completed. The taste threshold is noted as number of squeezes (either 10, 20 or 30 squeez-
ten regardless of the number of squeezes ac- es) based on the number of squeezes required
tually completed. to elicit a taste response as noted during the
(8) If the first response is negative, ten screening test.
more squeezes are repeated rapidly and the
(8) After generating the aerosol, the test
test subject is again asked whether the
subject shall be instructed to perform the ex-
Bitrex is tasted. If the test subject reports
ercises in section I. A. 14. of this appendix.
tasting the bitter taste during the second
(9) Every 30 seconds the aerosol concentra-
ten squeezes, the screening test is completed.
tion shall be replenished using one half the
The taste threshold is noted as twenty re-
number of squeezes used initially (e.g., 5, 10
gardless of the number of squeezes actually
or 15).
completed.
(10) The test subject shall indicate to the
(9) If the second response is negative, ten
test conductor if at any time during the fit
more squeezes are repeated rapidly and the
test the taste of Bitrex is detected. If the
test subject is again asked whether the
test subject does not report tasting the
Bitrex is tasted. If the test subject reports
Bitrex, the test is passed.
tasting the bitter taste during the third set
(11) If the taste of Bitrex is detected, the
of ten squeezes, the screening test is com-
fit is deemed unsatisfactory and the test is
pleted. The taste threshold is noted as thirty
failed. A different respirator shall be tried
regardless of the number of squeezes actually
and the entire test procedure is repeated
completed.
(taste threshold screening and fit testing).
(10) The test conductor will take note of
the number of squeezes required to solicit a 5. Irritant Smoke (Stannic Chloride)
taste response. Protocol
(11) If the Bitrex is not tasted after 30
squeezes (step 10), the test subject is unable This qualitative fit test uses a person’s re-
to taste Bitrex and may not perform the sponse to the irritating chemicals released
Bitrex fit test. in the ‘‘smoke’’ produced by a stannic chlo-
(12) If a taste response is elicited, the test ride ventilation smoke tube to detect leak-
subject shall be asked to take note of the age into the respirator.
taste for reference in the fit test. (a) General Requirements and Precautions
(13) Correct use of the nebulizer means (1) The respirator to be tested shall be
that approximately 1 ml of liquid is used at equipped with high efficiency particulate air
a time in the nebulizer body. (HEPA) or P100 series filter(s).
(14) The nebulizer shall be thoroughly (2) Only stannic chloride smoke tubes shall
rinsed in water, shaken to dry, and refilled be used for this protocol.
at least each morning and afternoon or at (3) No form of test enclosure or hood for
least every four hours. the test subject shall be used.
(b) Bitrex Solution Aerosol Fit Test Proce- (4) The smoke can be irritating to the eyes,
dure. lungs, and nasal passages. The test con-
(1) The test subject may not eat, drink (ex- ductor shall take precautions to minimize
cept plain water), smoke, or chew gum for 15 the test subject’s exposure to irritant smoke.
minutes before the test. Sensitivity varies, and certain individuals
(2) The fit test uses the same enclosure as may respond to a greater degree to irritant
that described in 4. (a) above. smoke. Care shall be taken when performing
435
the sensitivity screening checks that deter- (6) If the person being fit tested reports de-
mine whether the test subject can detect ir- tecting the irritant smoke at any time, the
ritant smoke to use only the minimum test is failed. The person being retested must
amount of smoke necessary to elicit a re- repeat the entire sensitivity check and fit
sponse from the test subject. test procedure.
(5) The fit test shall be performed in an (7) Each test subject passing the irritant
area with adequate ventilation to prevent smoke test without evidence of a response
exposure of the person conducting the fit (involuntary cough, irritation) shall be given
test or the build-up of irritant smoke in the a second sensitivity screening check, with
general atmosphere. the smoke from the same smoke tube used
(b) Sensitivity Screening Check during the fit test, once the respirator has
The person to be tested must demonstrate been removed, to determine whether he/she
his or her ability to detect a weak con- still reacts to the smoke. Failure to evoke a
centration of the irritant smoke. response shall void the fit test.
(1) The test operator shall break both ends (8) If a response is produced during this
of a ventilation smoke tube containing second sensitivity check, then the fit test is
stannic chloride, and attach one end of the passed.
smoke tube to a low flow air pump set to de-
liver 200 milliliters per minute, or an aspi- C. Quantitative Fit Test (QNFT) Protocols
rator squeeze bulb. The test operator shall The following quantitative fit testing pro-
cover the other end of the smoke tube with cedures have been demonstrated to be ac-
a short piece of tubing to prevent potential ceptable: Quantitative fit testing using a
injury from the jagged end of the smoke non-hazardous test aerosol (such as corn oil,
tube. polyethylene glycol 400 [PEG 400], di-2-ethyl
(2) The test operator shall advise the test hexyl sebacate [DEHS], or sodium chloride)
subject that the smoke can be irritating to generated in a test chamber, and employing
the eyes, lungs, and nasal passages and in- instrumentation to quantify the fit of the
struct the subject to keep his/her eyes closed respirator; Quantitative fit testing using am-
while the test is performed. bient aerosol as the test agent and appro-
(3) The test subject shall be allowed to priate instrumentation (condensation nuclei
smell a weak concentration of the irritant counter) to quantify the respirator fit; Quan-
smoke before the respirator is donned to be- titative fit testing using controlled negative
come familiar with its irritating properties pressure and appropriate instrumentation to
and to determine if he/she can detect the ir- measure the volumetric leak rate of a face-
ritating properties of the smoke. The test piece to quantify the respirator fit.
operator shall carefully direct a small
amount of the irritant smoke in the test sub- 1. General
ject’s direction to determine that he/she can
detect it. (a) The employer shall ensure that persons
(c) Irritant Smoke Fit Test Procedure administering QNFT are able to calibrate
(1) The person being fit tested shall don the equipment and perform tests properly, recog-
respirator without assistance, and perform nize invalid tests, calculate fit factors prop-
the required user seal check(s). erly and ensure that test equipment is in
(2) The test subject shall be instructed to proper working order.
keep his/her eyes closed. (b) The employer shall ensure that QNFT
(3) The test operator shall direct the equipment is kept clean, and is maintained
stream of irritant smoke from the smoke and calibrated according to the manufactur-
tube toward the faceseal area of the test sub- er’s instructions so as to operate at the pa-
ject, using the low flow pump or the squeeze rameters for which it was designed.
bulb. The test operator shall begin at least 12 2. Generated Aerosol Quantitative Fit
inches from the facepiece and move the Testing Protocol
smoke stream around the whole perimeter of
the mask. The operator shall gradually make (a) Apparatus.
two more passes around the perimeter of the (1) Instrumentation. Aerosol generation,
mask, moving to within six inches of the res- dilution, and measurement systems using
pirator. particulates (corn oil, polyethylene glycol
(4) If the person being tested has not had 400 [PEG 400], di-2-ethyl hexyl sebacate
an involuntary response and/or detected the [DEHS] or sodium chloride) as test aerosols
irritant smoke, proceed with the test exer- shall be used for quantitative fit testing.
cises. (2) Test chamber. The test chamber shall
(5) The exercises identified in section I.A. be large enough to permit all test subjects to
14. of this appendix shall be performed by the perform freely all required exercises without
test subject while the respirator seal is being disturbing the test agent concentration or
continually challenged by the smoke, di- the measurement apparatus. The test cham-
rected around the perimeter of the respirator ber shall be equipped and constructed so that
at a distance of six inches. the test agent is effectively isolated from
436
the ambient air, yet uniform in concentra- (14) Test respirators shall be maintained in
tion throughout the chamber. proper working order and be inspected regu-
(3) When testing air-purifying respirators, larly for deficiencies such as cracks or miss-
the normal filter or cartridge element shall ing valves and gaskets.
be replaced with a high efficiency particu- (b) Procedural Requirements.
late air (HEPA) or P100 series filter supplied (1) When performing the initial user seal
by the same manufacturer. check using a positive or negative pressure
(4) The sampling instrument shall be se- check, the sampling line shall be crimped
lected so that a computer record or strip closed in order to avoid air pressure leakage
chart record may be made of the test show- during either of these pressure checks.
ing the rise and fall of the test agent con- (2) The use of an abbreviated screening
centration with each inspiration and expira- QLFT test is optional. Such a test may be
tion at fit factors of at least 2,000. Integra- utilized in order to quickly identify poor fit-
tors or computers that integrate the amount ting respirators that passed the positive and/
of test agent penetration leakage into the or negative pressure test and reduce the
respirator for each exercise may be used pro- amount of QNFT time. The use of the CNC
vided a record of the readings is made. QNFT instrument in the count mode is an-
(5) The combination of substitute air-puri- other optional method to obtain a quick esti-
fying elements, test agent and test agent mate of fit and eliminate poor fitting res-
concentration shall be such that the test pirators before going on to perform a full
subject is not exposed in excess of an estab- QNFT.
lished exposure limit for the test agent at (3) A reasonably stable test agent con-
any time during the testing process, based centration shall be measured in the test
chamber prior to testing. For canopy or
upon the length of the exposure and the ex-
shower curtain types of test units, the deter-
posure limit duration.
mination of the test agent’s stability may be
(6) The sampling port on the test specimen
established after the test subject has entered
respirator shall be placed and constructed so
the test environment.
that no leakage occurs around the port (e.g.,
(4) Immediately after the subject enters
where the respirator is probed), a free air the test chamber, the test agent concentra-
flow is allowed into the sampling line at all tion inside the respirator shall be measured
times, and there is no interference with the to ensure that the peak penetration does not
fit or performance of the respirator. The in- exceed 5 percent for a half mask or 1 percent
mask sampling device (probe) shall be de- for a full facepiece respirator.
signed and used so that the air sample is (5) A stable test agent concentration shall
drawn from the breathing zone of the test be obtained prior to the actual start of test-
subject, midway between the nose and mouth ing.
and with the probe extending into the face- (6) Respirator restraining straps shall not
piece cavity at least 1/4 inch. be over-tightened for testing. The straps
(7) The test setup shall permit the person shall be adjusted by the wearer without as-
administering the test to observe the test sistance from other persons to give a reason-
subject inside the chamber during the test. ably comfortable fit typical of normal use.
(8) The equipment generating the test at- The respirator shall not be adjusted once the
mosphere shall maintain the concentration fit test exercises begin.
of test agent constant to within a 10 percent (7) The test shall be terminated whenever
variation for the duration of the test. any single peak penetration exceeds 5 per-
(9) The time lag (interval between an event cent for half masks and 1 percent for full
and the recording of the event on the strip facepiece respirators. The test subject shall
chart or computer or integrator) shall be be refitted and retested.
kept to a minimum. There shall be a clear (8) Calculation of fit factors.
association between the occurrence of an (i) The fit factor shall be determined for
event and its being recorded. the quantitative fit test by taking the ratio
(10) The sampling line tubing for the test of the average chamber concentration to the
chamber atmosphere and for the respirator concentration measured inside the respirator
sampling port shall be of equal diameter and for each test exercise except the grimace ex-
of the same material. The length of the two ercise.
lines shall be equal. (ii) The average test chamber concentra-
(11) The exhaust flow from the test cham- tion shall be calculated as the arithmetic av-
ber shall pass through an appropriate filter erage of the concentration measured before
(i.e., high efficiency particulate filter) before and after each test (i.e., 7 exercises) or the
release. arithmetic average of the concentration
(12) When sodium chloride aerosol is used, measured before and after each exercise or
the relative humidity inside the test cham- the true average measured continuously dur-
ber shall not exceed 50 percent. ing the respirator sample.
(13) The limitations of instrument detec- (iii) The concentration of the challenge
tion shall be taken into account when deter-
agent inside the respirator shall be deter-

mining the fit factor. mined by one of the following methods:
437
(A) Average peak penetration method by strip chart recordings of the test. The
means the method of determining test agent highest peak penetration for a given exercise
penetration into the respirator utilizing a is taken to be representative of average pen-
strip chart recorder, integrator, or com- etration into the respirator for that exercise.
puter. The agent penetration is determined (C) Integration by calculation of the area
by an average of the peak heights on the under the individual peak for each exercise
graph or by computer integration, for each except the grimace exercise. This includes
exercise except the grimace exercise. Inte-
computerized integration.
grators or computers that calculate the ac-
tual test agent penetration into the res- (D) The calculation of the overall fit factor
pirator for each exercise will also be consid- using individual exercise fit factors involves
ered to meet the requirements of the average first converting the exercise fit factors to
peak penetration method. penetration values, determining the average,
(B) Maximum peak penetration method and then converting that result back to a fit
means the method of determining test agent factor. This procedure is described in the fol-
penetration in the respirator as determined lowing equation:
Number of exercises
Overall Fit Factor =
1 ff1 + 1 ff2 + 1 ff3 + 1 ff4 + 1 ff5 + 1 ff7 + 1 ff8
Where ff1, ff2, ff3, etc. are the fit factors for pling probe and line are properly attached to
exercises 1, 2, 3, etc. the facepiece and that the respirator is fitted
(9) The test subject shall not be permitted with a particulate filter capable of pre-
to wear a half mask or quarter facepiece res- venting significant penetration by the ambi-
pirator unless a minimum fit factor of 100 is ent particles used for the fit test (e.g.,
obtained, or a full facepiece respirator unless NIOSH 42 CFR 84 series 100, series 99, or se-
a minimum fit factor of 500 is obtained. ries 95 particulate filter) per manufacturer’s
(10) Filters used for quantitative fit testing instruction.
shall be replaced whenever increased breath- (2) Instruct the person to be tested to don
ing resistance is encountered, or when the the respirator for five minutes before the fit
test agent has altered the integrity of the test starts. This purges the ambient par-
filter media. ticles trapped inside the respirator and per-
mits the wearer to make certain the res-
3. Ambient aerosol condensation nuclei pirator is comfortable. This individual shall
counter (CNC) quantitative fit testing pro- already have been trained on how to wear
tocol. the respirator properly.
The ambient aerosol condensation nuclei (3) Check the following conditions for the
counter (CNC) quantitative fit testing adequacy of the respirator fit: Chin properly
(Portacount TM ) protocol quantitatively fit placed; Adequate strap tension, not overly
tests respirators with the use of a probe. The tightened; Fit across nose bridge; Respirator
probed respirator is only used for quan- of proper size to span distance from nose to
titative fit tests. A probed respirator has a chin; Tendency of the respirator to slip; Self-
special sampling device, installed on the res- observation in a mirror to evaluate fit and
pirator, that allows the probe to sample the respirator position.
air from inside the mask. A probed res- (4) Have the person wearing the respirator
pirator is required for each make, style, do a user seal check. If leakage is detected,
model, and size that the employer uses and determine the cause. If leakage is from a
can be obtained from the respirator manu- poorly fitting facepiece, try another size of
facturer or distributor. The CNC instrument the same model respirator, or another model
manufacturer, TSI Inc., also provides probe of respirator.
attachments (TSI sampling adapters) that (5) Follow the manufacturer’s instructions
permit fit testing in an employee’s own res- for operating the Portacount and proceed
pirator. A minimum fit factor pass level of with the test.
at least 100 is necessary for a half-mask res- (6) The test subject shall be instructed to
pirator and a minimum fit factor pass level perform the exercises in section I. A. 14. of
of at least 500 is required for a full facepiece this appendix.
negative pressure respirator. The entire (7) After the test exercises, the test subject
screening and testing procedure shall be ex- shall be questioned by the test conductor re-
plained to the test subject prior to the con- garding the comfort of the respirator upon
duct of the screening test. completion of the protocol. If it has become
(a) Portacount Fit Test Requirements. (1) unacceptable, another model of respirator
Check the respirator to make sure the sam- shall be tried.
438
ER08JA98.006</GPH>
(b) Portacount Test Instrument. 500 is required for a full facepiece respirator.
(1) The Portacount will automatically stop The entire screening and testing procedure
and calculate the overall fit factor for the shall be explained to the test subject prior to
entire set of exercises. The overall fit factor the conduct of the screening test.
is what counts. The Pass or Fail message (a) CNP Fit Test Requirements.
will indicate whether or not the test was (1) The instrument shall have a non-adjust-
successful. If the test was a Pass, the fit test able test pressure of 15.0 mm water pressure.
is over. (2) The CNP system defaults selected for
(2) Since the pass or fail criterion of the test pressure shall be set at ¥15 mm of water
Portacount is user programmable, the test (-0.58 inches of water) and the modeled in-
operator shall ensure that the pass or fail spiratory flow rate shall be 53.8 liters per
criterion meet the requirements for min- minute for performing fit tests.
imum respirator performance in this Appen- NOTE: CNP systems have built-in capa-
dix. bility to conduct fit testing that is specific
(3) A record of the test needs to be kept on to unique work rate, mask, and gender situa-
file, assuming the fit test was successful. tions that might apply in a specific work-
The record must contain the test subject’s place. Use of system default values, which
name; overall fit factor; make, model, style, were selected to represent respirator wear
and size of respirator used; and date tested. with medium cartridge resistance at a low-
moderate work rate, will allow inter-test
4. Controlled negative pressure (CNP) comparison of the respirator fit.)
quantitative fit testing protocol. (3) The individual who conducts the CNP
The CNP protocol provides an alternative fit testing shall be thoroughly trained to
to aerosol fit test methods. The CNP fit test perform the test.
method technology is based on exhausting (4) The respirator filter or cartridge needs
air from a temporarily sealed respirator to be replaced with the CNP test manifold.
facepiece to generate and then maintain a The inhalation valve downstream from the
constant negative pressure inside the face- manifold either needs to be temporarily re-
piece. The rate of air exhaust is controlled so moved or propped open.
that a constant negative pressure is main- (5) The employer must train the test sub-
tained in the respirator during the fit test. ject to hold his or her breath for at least 10
The level of pressure is selected to replicate seconds.
the mean inspiratory pressure that causes (6) The test subject must don the test res-
leakage into the respirator under normal use pirator without any assistance from the test
conditions. With pressure held constant, air administrator who is conducting the CNP fit
flow out of the respirator is equal to air flow test. The respirator must not be adjusted
into the respirator. Therefore, measurement once the fit-test exercises begin. Any adjust-
of the exhaust stream that is required to ment voids the test, and the test subject
hold the pressure in the temporarily sealed must repeat the fit test.
respirator constant yields a direct measure (7) The QNFT protocol shall be followed ac-
of leakage air flow into the respirator. The cording to section I. C. 1. of this appendix
CNP fit test method measures leak rates with an exception for the CNP test exercises.
through the facepiece as a method for deter- (b) CNP Test Exercises.
mining the facepiece fit for negative pres- (1) Normal breathing. In a normal standing
sure respirators. The CNP instrument manu- position, without talking, the subject shall
facturer Occupational Health Dynamics of breathe normally for 1 minute. After the
Birmingham, Alabama also provides attach- normal breathing exercise, the subject needs
ments (sampling manifolds) that replace the to hold head straight ahead and hold his or
filter cartridges to permit fit testing in an her breath for 10 seconds during the test
employee’s own respirator. To perform the measurement.
test, the test subject closes his or her mouth (2) Deep breathing. In a normal standing
and holds his/her breath, after which an air position, the subject shall breathe slowly
pump removes air from the respirator face- and deeply for 1 minute, being careful not to
piece at a pre-selected constant pressure. hyperventilate. After the deep breathing ex-
The facepiece fit is expressed as the leak ercise, the subject shall hold his or her head
rate through the facepiece, expressed as mil- straight ahead and hold his or her breath for
liliters per minute. The quality and validity 10 seconds during test measurement.
of the CNP fit tests are determined by the (3)Turning head side to side. Standing in
degree to which the in-mask pressure tracks place, the subject shall slowly turn his or her
the test pressure during the system measure- head from side to side between the extreme
ment time of approximately five seconds. In- positions on each side for 1 minute. The head
stantaneous feedback in the form of a real- shall be held at each extreme momentarily
time pressure trace of the in-mask pressure so the subject can inhale at each side. After
is provided and used to determine test valid- the turning head side to side exercise, the
ity and quality. A minimum fit factor pass subject needs to hold head full left and hold
his or her breath for 10 seconds during test
level of 100 is necessary for a half-mask res-

pirator and a minimum fit factor of at least measurement. Next, the subject needs to
439
hold head full right and hold his or her ject shall hold his or her head straight ahead
breath for 10 seconds during test measure- and hold his or her breath for 10 seconds dur-
ment. ing the test measurement. After the test ex-
(4) Moving head up and down. Standing in ercises, the test subject shall be questioned
place, the subject shall slowly move his or by the test conductor regarding the comfort
her head up and down for 1 minute. The sub- of the respirator upon completion of the pro-
ject shall be instructed to inhale in the up tocol. If it has become unacceptable, another
position (i.e., when looking toward the ceil- model of a respirator shall be tried.
ing). After the moving head up and down ex- (c) CNP Test Instrument.
ercise, the subject shall hold his or her head (1) The test instrument must have an effec-
full up and hold his or her breath for 10 sec- tive audio-warning device, or a visual-warn-
onds during test measurement. Next, the ing device in the form of a screen tracing,
subject shall hold his or her head full down that indicates when the test subject fails to
and hold his or her breath for 10 seconds dur- hold his or her breath during the test. The
ing test measurement. test must be terminated and restarted from
(5) Talking. The subject shall talk out loud the beginning when the test subject fails to
slowly and loud enough so as to be heard hold his or her breath during the test. The
clearly by the test conductor. The subject test subject then may be refitted and re-
can read from a prepared text such as the tested.
Rainbow Passage, count backward from 100,
(2) A record of the test shall be kept on
or recite a memorized poem or song for 1
file, assuming the fit test was successful.
minute. After the talking exercise, the sub-
ject shall hold his or her head straight ahead The record must contain the test subject’s
and hold his or her breath for 10 seconds dur- name; overall fit factor; make, model, style
ing the test measurement. and size of respirator used; and date tested.
(6) Grimace. The test subject shall grimace 5. Controlled negative pressure (CNP)
by smiling or frowning for 15 seconds. REDON quantitative fit testing protocol.
(7) Bending Over. The test subject shall (a) When administering this protocol to
bend at the waist as if he or she were to test subjects, employers must comply with
touch his or her toes for 1 minute. Jogging in the requirements specified in paragraphs (a)
place shall be substituted for this exercise in and (c) of Part I.C.4 of this appendix (‘‘Con-
those test environments such as shroud-type trolled negative pressure (CNP) quantitative
QNFT units that prohibit bending at the fit testing protocol’’), as well as use the test
waist. After the bending over exercise, the exercises described below in paragraph (b) of
subject shall hold his or her head straight this protocol instead of the test exercises
ahead and hold his or her breath for 10 sec- specified in paragraph (b) of Part I.C.4 of this
onds during the test measurement. appendix.
(8) Normal Breathing. The test subject (b) Employers must ensure that each test
shall remove and re-don the respirator with- subject being fit tested using this protocol
in a one-minute period. Then, in a normal follows the exercise and measurement proce-
standing position, without talking, the sub- dures, including the order of administration,
ject shall breathe normally for 1 minute. described below in Table A–1 of this appen-
After the normal breathing exercise, the sub- dix.
TABLE A–1—CNP REDON QUANTITATIVE FIT TESTING PROTOCOL
Exercises1 Exercise procedure Measurement procedure
Facing Forward ............................... Stand and breathe normally, without talking, for 30 Face forward, while holding breath
seconds. for 10 seconds.
Bending Over .................................. Bend at the waist, as if going to touch his or her Face parallel to the floor, while
toes, for 30 seconds. holding breath for 10 seconds
Head Shaking ................................. For about three seconds, shake head back and forth Face forward, while holding breath
vigorously several times while shouting. for 10 seconds
REDON 1 ........................................ Remove the respirator mask, loosen all facepiece Face forward, while holding breath
straps, and then redon the respirator mask. for 10 seconds.
REDON 2 ........................................ Remove the respirator mask, loosen all facepiece Face forward, while holding breath
straps, and then redon the respirator mask again. for 10 seconds.
1 Exercises are listed in the order in which they are to be administered.
(c) After completing the test exercises, the peats the protocol using another respirator
test administrator must question each test model.
subject regarding the comfort of the res- (d) Employers must determine the overall
pirator. When a test subject states that the fit factor for each test subject by calculating
respirator is unacceptable, the employer the harmonic mean of the fit testing exer-
must ensure that the test administrator re-
cises as follows:
440
up inside the facepiece without any evidence
N of outward leakage of air at the seal. For
Overall Fit Factor =
[1/FF1 + 1/FF2 + ... 1/FFN ] most respirators this method of leak testing
requires the wearer to first remove the exha-
Where: lation valve cover before closing off the ex-
N = The number of exercises; halation valve and then carefully replacing
FF1 = The fit factor for the first exercise; it after the test.
FF2 = The fit factor for the second exercise; B. Negative pressure check. Close off the
and inlet opening of the canister or cartridge(s)
FFN = The fit factor for the nth exercise. by covering with the palm of the hand(s) or
by replacing the filter seal(s), inhale gently
PART II. NEW FIT TEST PROTOCOLS so that the facepiece collapses slightly, and
hold the breath for ten seconds. The design
A. Any person may submit to OSHA an ap-
of the inlet opening of some cartridges can-
plication for approval of a new fit test pro-
not be effectively covered with the palm of
tocol. If the application meets the following
the hand. The test can be performed by cov-
criteria, OSHA will initiate a rulemaking
proceeding under section 6(b)(7) of the OSH ering the inlet opening of the cartridge with
Act to determine whether to list the new a thin latex or nitrile glove. If the facepiece
protocol as an approved protocol in this Ap- remains in its slightly collapsed condition
pendix A. and no inward leakage of air is detected, the
B. The application must include a detailed tightness of the respirator is considered sat-
description of the proposed new fit test pro- isfactory.
tocol. This application must be supported by II. Manufacturer’s Recommended User Seal
either: Check Procedures
1. A test report prepared by an independent
government research laboratory (e.g., Law- The respirator manufacturer’s rec-
rence Livermore National Laboratory, Los ommended procedures for performing a user
Alamos National Laboratory, the National seal check may be used instead of the posi-
Institute for Standards and Technology) tive and/or negative pressure check proce-
stating that the laboratory has tested the dures provided that the employer dem-
protocol and had found it to be accurate and onstrates that the manufacturer’s proce-
reliable; or dures are equally effective.
2. An article that has been published in a
peer-reviewed industrial hygiene journal de- APPENDIX B–2 TO § 1910.134: RESPIRATOR
scribing the protocol and explaining how test CLEANING PROCEDURES (MANDATORY)
data support the protocol’s accuracy and re- These procedures are provided for em-
liability. ployer use when cleaning respirators. They
C. If OSHA determines that additional in- are general in nature, and the employer as
formation is required before the Agency an alternative may use the cleaning rec-
commences a rulemaking proceeding under ommendations provided by the manufacturer
this section, OSHA will so notify the appli- of the respirators used by their employees,
cant and afford the applicant the oppor- provided such procedures are as effective as
tunity to submit the supplemental informa- those listed here in Appendix B–2. Equivalent
tion. Initiation of a rulemaking proceeding effectiveness simply means that the proce-
will be deferred until OSHA has received and dures used must accomplish the objectives
evaluated the supplemental information. set forth in Appendix B–2, i.e., must ensure
that the respirator is properly cleaned and
APPENDIX B–1 TO § 1910.134: USER SEAL CHECK
disinfected in a manner that prevents dam-
PROCEDURES (MANDATORY)
age to the respirator and does not cause
The individual who uses a tight-fitting res- harm to the user.
pirator is to perform a user seal check to en-
sure that an adequate seal is achieved each I. Procedures for Cleaning Respirators
time the respirator is put on. Either the A. Remove filters, cartridges, or canisters.
positive and negative pressure checks listed Disassemble facepieces by removing speak-
in this appendix, or the respirator manufac- ing diaphragms, demand and pressure-de-
turer’s recommended user seal check method mand valve assemblies, hoses, or any compo-
shall be used. User seal checks are not sub- nents recommended by the manufacturer.
stitutes for qualitative or quantitative fit Discard or repair any defective parts.
tests. B. Wash components in warm (43 °C [110 °F]
maximum) water with a mild detergent or
I. Facepiece Positive and/or Negative Pressure
with a cleaner recommended by the manu-
Checks
facturer. A stiff bristle (not wire) brush may
A. Positive pressure check. Close off the ex- be used to facilitate the removal of dirt.
halation valve and exhale gently into the C. Rinse components thoroughly in clean,
facepiece. The face fit is considered satisfac- warm (43 °C [110 °F] maximum), preferably
tory if a slight positive pressure can be built running water. Drain.
441
ER04AU04.001</MATH>
D. When the cleaner used does not contain 8. A phone number where you can be reached
a disinfecting agent, respirator components by the health care professional who re-
should be immersed for two minutes in one views this questionnaire (include the Area
of the following: Code): lll
1. Hypochlorite solution (50 ppm of chlo- 9. The best time to phone you at this num-
rine) made by adding approximately one mil- ber: ll
liliter of laundry bleach to one liter of water 10. Has your employer told you how to con-
at 43 °C (110 °F); or, tact the health care professional who will
2. Aqueous solution of iodine (50 ppm io- review this questionnaire (circle one): Yes/
dine) made by adding approximately 0.8 mil- No
liliters of tincture of iodine (6–8 grams am- 11. Check the type of respirator you will use
monium and/or potassium iodide/100 cc of (you can check more than one category):
45% alcohol) to one liter of water at 43 °C a. ll N, R, or P disposable respirator (fil-
(110 °F); or, ter-mask, non-cartridge type only).
3. Other commercially available cleansers b. ll Other type (for example, half- or
of equivalent disinfectant quality when used full-facepiece type, powered-air puri-
as directed, if their use is recommended or fying, supplied-air, self-contained breath-
approved by the respirator manufacturer. ing apparatus).
E. Rinse components thoroughly in clean,
12. Have you worn a respirator (circle one):
warm (43 °C [110 °F] maximum), preferably
Yes/No
running water. Drain. The importance of
thorough rinsing cannot be overemphasized. 7 If ‘‘yes,’’ what type(s): llllllllll
Detergents or disinfectants that dry on llllllllllllllllllllllll
facepieces may result in dermatitis. In addi- Part A. Section 2. (Mandatory) Questions 1
tion, some disinfectants may cause deterio- through 9 below must be answered by every
ration of rubber or corrosion of metal parts employee who has been selected to use any
if not completely removed. type of respirator (please circle ‘‘yes’’ or
F. Components should be hand-dried with a ‘‘no’’).
clean lint-free cloth or air-dried. 1. Do you currently smoke tobacco, or have
G. Reassemble facepiece, replacing filters, you smoked tobacco in the last month:
cartridges, and canisters where necessary. Yes/No
H. Test the respirator to ensure that all 2. Have you ever had any of the following
components work properly. conditions?
a. Seizures (fits): Yes/No
APPENDIX C TO § 1910.134: OSHA RESPIRATOR b. Diabetes (sugar disease): Yes/No
MEDICAL EVALUATION QUESTIONNAIRE (MAN- c. Allergic reactions that interfere with
DATORY)
your breathing: Yes/No
To the employer: Answers to questions in d. Claustrophobia (fear of closed-in places):
Section 1, and to question 9 in Section 2 of Yes/No
Part A, do not require a medical examina- e. Trouble smelling odors: Yes/No
tion. 3. Have you ever had any of the following pul-
To the employee: monary or lung problems?
a. Asbestosis: Yes/No
Can you read (circle one): Yes/No
b. Asthma: Yes/No
Your employer must allow you to answer c. Chronic bronchitis: Yes/No
this questionnaire during normal working d. Emphysema: Yes/No
hours, or at a time and place that is conven- e. Pneumonia: Yes/No
ient to you. To maintain your confiden- f. Tuberculosis: Yes/No
tiality, your employer or supervisor must g. Silicosis: Yes/No
not look at or review your answers, and your h. Pneumothorax (collapsed lung): Yes/No
employer must tell you how to deliver or i. Lung cancer: Yes/No
send this questionnaire to the health care j. Broken ribs: Yes/No
professional who will review it. k. Any chest injuries or surgeries: Yes/No
Part A. Section 1. (Mandatory) The fol- l. Any other lung problem that you’ve been
lowing information must be provided by told about: Yes/No
every employee who has been selected to use 4. Do you currently have any of the following
any type of respirator (please print). symptoms of pulmonary or lung illness?
1. Today’s date: lllllllllllllll a. Shortness of breath: Yes/No
b. Shortness of breath when walking fast
2. Your name: llllllllllllllll
on level ground or walking up a slight
3. Your age (to nearest year): llllllll hill or incline: Yes/No
4. Sex (circle one): Male/Female c. Shortness of breath when walking with
5. Your height: ll ft. ll in. other people at an ordinary pace on level
ground: Yes/No
6. Your weight: ll lbs. d. Have to stop for breath when walking at
7. Your job title: llllllllllllll your own pace on level ground: Yes/No
442
e. Shortness of breath when washing or tionnaire about your answers to this
dressing yourself: Yes/No questionnaire: Yes/No
f. Shortness of breath that interferes with Questions 10 to 15 below must be answered
your job: Yes/No by every employee who has been selected to
g. Coughing that produces phlegm (thick use either a full-facepiece respirator or a
sputum): Yes/No self-contained breathing apparatus (SCBA).
h. Coughing that wakes you early in the For employees who have been selected to use
morning: Yes/No other types of respirators, answering these
i. Coughing that occurs mostly when you questions is voluntary.
are lying down: Yes/No
10. Have you ever lost vision in either eye
j. Coughing up blood in the last month:
(temporarily or permanently): Yes/No
Yes/No
11. Do you currently have any of the following
k. Wheezing: Yes/No
vision problems?
l. Wheezing that interferes with your job:
a. Wear contact lenses: Yes/No
Yes/No
b. Wear glasses: Yes/No
m. Chest pain when you breathe deeply:
c. Color blind: Yes/No
Yes/No
d. Any other eye or vision problem: Yes/No
n. Any other symptoms that you think
12. Have you ever had an injury to your ears,
may be related to lung problems: Yes/No
including a broken ear drum: Yes/No
5. Have you ever had any of the following car-
diovascular or heart problems?
hearing problems?
a. Heart attack: Yes/No
a. Difficulty hearing: Yes/No
b. Stroke: Yes/No
b. Wear a hearing aid: Yes/No
c. Angina: Yes/No
c. Any other hearing or ear problem: Yes/
d. Heart failure: Yes/No
No
e. Swelling in your legs or feet (not caused
14. Have you ever had a back injury: Yes/No
by walking): Yes/No
f. Heart arrhythmia (heart beating irregu-
musculoskeletal problems?
larly): Yes/No
a. Weakness in any of your arms, hands,
g. High blood pressure: Yes/No
legs, or feet: Yes/No
h. Any other heart problem that you’ve
b. Back pain: Yes/No
been told about: Yes/No
c. Difficulty fully moving your arms and
6. Have you ever had any of the following car-
legs: Yes/No
diovascular or heart symptoms?
d. Pain or stiffness when you lean forward
a. Frequent pain or tightness in your
or backward at the waist: Yes/No
chest: Yes/No
e. Difficulty fully moving your head up or
b. Pain or tightness in your chest during
down: Yes/No
physical activity: Yes/No
f. Difficulty fully moving your head side to
c. Pain or tightness in your chest that
side: Yes/No
interferes with your job: Yes/No
g. Difficulty bending at your knees: Yes/No
d. In the past two years, have you noticed
h. Difficulty squatting to the ground: Yes/
your heart skipping or missing a beat:
No
Yes/No
i. Climbing a flight of stairs or a ladder
e. Heartburn or indigestion that is not re-
carrying more than 25 lbs: Yes/No
lated to eating: Yes/No
j. Any other muscle or skeletal problem
f. Any other symptoms that you think may
that interferes with using a respirator:
be related to heart or circulation prob-
Yes/No
lems: Yes/No
7. Do you currently take medication for any Part B Any of the following questions,
of the following problems? and other questions not listed, may be added
a. Breathing or lung problems: Yes/No to the questionnaire at the discretion of the
b. Heart trouble: Yes/No health care professional who will review the
c. Blood pressure: Yes/No questionnaire.
d. Seizures (fits): Yes/No 1. In your present job, are you working at
8. If you’ve used a respirator, have you ever high altitudes (over 5,000 feet) or in a
had any of the following problems? (If place that has lower than normal
you’ve never used a respirator, check the amounts of oxygen: Yes/No
following space and go to question 9:) If ‘‘yes,’’ do you have feelings of dizziness,
a. Eye irritation: Yes/No shortness of breath, pounding in your
b. Skin allergies or rashes: Yes/No chest, or other symptoms when you’re
c. Anxiety: Yes/No working under these conditions: Yes/No
d. General weakness or fatigue: Yes/No 2. At work or at home, have you ever been
e. Any other problem that interferes with exposed to hazardous solvents, hazardous
your use of a respirator: Yes/No airborne chemicals (e.g., gases, fumes, or
9. Would you like to talk to the health care dust), or have you come into skin con-
professional who will review this ques- tact with hazardous chemicals: Yes/No
443
If ‘‘yes,’’ name the chemicals if you know Examples of a light work effort are sitting
them: lllllllllllllllllll while writing, typing, drafting, or per-
3. Have you ever worked with any of the ma- forming light assembly work; or standing
terials, or under any of the conditions, while operating a drill press (1–3 lbs.) or con-
listed below: trolling machines.
a. Asbestos: Yes/No b. Moderate (200 to 350 kcal per hour): Yes/
b. Silica (e.g., in sandblasting): Yes/No No
c. Tungsten/cobalt (e.g., grinding or weld- If ‘‘yes,’’ how long does this period last
ing this material): Yes/No during the average
d. Beryllium: Yes/No shift:llllllhrs.llllllmins.
e. Aluminum: Yes/No Examples of moderate work effort are sit-
f. Coal (for example, mining): Yes/No ting while nailing or filing; driving a truck or
g. Iron: Yes/No bus in urban traffic; standing while drilling,
h. Tin: Yes/No nailing, performing assembly work, or trans-
i. Dusty environments: Yes/No ferring a moderate load (about 35 lbs.) at
j. Any other hazardous exposures: Yes/No trunk level; walking on a level surface about
If ‘‘yes,’’ describe these exposures: llll 2 mph or down a 5-degree grade about 3 mph;
llllllllllllllllllllllll or pushing a wheelbarrow with a heavy load
(about 100 lbs.) on a level surface.
4. List any second jobs or side businesses you
have: lllllllllllllllllll c. Heavy (above 350 kcal per hour): Yes/No
llllllllllllllllllllllll If ‘‘yes,’’ how long does this period last
during the average
5. List your previous occupations: lllll
shift:llllllhrs.llllllmins.
llllllllllllllllllllllll Examples of heavy work are lifting a heavy
6. List your current and previous hobbies: l load (about 50 lbs.) from the floor to your
llllllllllllllllllllllll waist or shoulder; working on a loading dock;
7. Have you been in the military services? shoveling; standing while bricklaying or chip-
Yes/No ping castings; walking up an 8-degree grade
If ‘‘yes,’’ were you exposed to biological or about 2 mph; climbing stairs with a heavy
chemical agents (either in training or load (about 50 lbs.).
combat): Yes/No 13. Will you be wearing protective clothing
8. Have you ever worked on a HAZMAT and/or equipment (other than the res-
team? Yes/No pirator) when you’re using your res-
9. Other than medications for breathing and pirator: Yes/No
lung problems, heart trouble, blood pres- If ‘‘yes,’’ describe this protective clothing
sure, and seizures mentioned earlier in and/or equipment: lllllllllllll
this questionnaire, are you taking any llllllllllllllllllllllll
other medications for any reason (includ- 14. Will you be working under hot conditions
ing over-the-counter medications): Yes/ (temperature exceeding 77 °F): Yes/No
No 15. Will you be working under humid condi-
If ‘‘yes,’’ name the medications if you tions: Yes/No
know them: llllllllllllllll 16. Describe the work you’ll be doing while
10. Will you be using any of the following you’re using your respirator(s):
items with your respirator(s)? llllllllllllllllllllllll
a. HEPA Filters: Yes/No llllllllllllllllllllllll
b. Canisters (for example, gas masks): Yes/
17. Describe any special or hazardous condi-
No
tions you might encounter when you’re
c. Cartridges: Yes/No
using your respirator(s) (for example,
11. How often are you expected to use the
confined spaces, life-threatening gases):
respirator(s) (circle ‘‘yes’’ or ‘‘no’’ for all
answers that apply to you)?: llllllllllllllllllllllll
a. Escape only (no rescue): Yes/No llllllllllllllllllllllll
b. Emergency rescue only: Yes/No 18. Provide the following information, if you
c. Less than 5 hours per week: Yes/No know it, for each toxic substance that
d. Less than 2 hours per day: Yes/No you’ll be exposed to when you’re using
e. 2 to 4 hours per day: Yes/No your respirator(s):
f. Over 4 hours per day: Yes/No Name of the first toxic substance: llll
12. During the period you are using the res-
pirator(s), is your work effort: Estimated maximum exposure level per
a. Light (less than 200 kcal per hour): Yes/ shift: lllllllllllllllllll
No Duration of exposure per shift llllll
If ‘‘yes,’’ how long does this period last dur- Name of the second toxic substance: lll
ing the average Estimated maximum exposure level per
shift:llllllhrs.llllllmins. shift: lllllllllllllllllll
444
Duration of exposure per shift: llllll 4. Keep track of your respirator so that
Name of the third toxic substance: llll you do not mistakenly use someone else’s
respirator.
Estimated maximum exposure level per
shift: lllllllllllllllllll [63 FR 1270, Jan. 8, 1998; 63 FR 20098, 20099,
Apr. 23, 1998, as amended at 69 FR 46993, Aug.
Duration of exposure per shift: llllll 4, 2004; 71 FR 16672, Apr. 3, 2006; 71 FR 50187,
The name of any other toxic substances Aug. 24, 2006]
that you’ll be exposed to while using
your respirator: § 1910.135 Head protection.
llllllllllllllllllllllll (a) General requirements. (1) The em-
llllllllllllllllllllllll ployer shall ensure that each affected
llllllllllllllllllllllll employee wears a protective helmet
when working in areas where there is a
19. Describe any special responsibilities
potential for injury to the head from
you’ll have while using your respirator(s)
that may affect the safety and well-being
falling objects.
of others (for example, rescue, security): (2) The employer shall ensure that a
protective helmet designed to reduce
electrical shock hazard is worn by each
APPENDIX D TO § 1910.134 (MANDATORY) INFOR- such affected employee when near ex-
MATION FOR EMPLOYEES USING RESPIRATORS posed electrical conductors which
WHEN NOT REQUIRED UNDER THE STAND- could contact the head.
ARD (b) Criteria for protective helmets. (1)
Respirators are an effective method of pro-
Protective helmets purchased after
tection against designated hazards when July 5, 1994 shall comply with ANSI
properly selected and worn. Respirator use is Z89.1–1986, ‘‘American National Stand-
encouraged, even when exposures are below ard for Personnel Protection—Protec-
the exposure limit, to provide an additional tive Headwear for Industrial Workers-
level of comfort and protection for workers. Requirements,’’ which is incorporated
However, if a respirator is used improperly by reference as specified in § 1910.6, or
or not kept clean, the respirator itself can shall be demonstrated to be equally ef-
become a hazard to the worker. Sometimes, fective.
workers may wear respirators to avoid expo- (2) Protective helmets purchased be-
sures to hazards, even if the amount of haz- fore July 5, 1994 shall comply with the
ardous substance does not exceed the limits
ANSI standard ‘‘American National
set by OSHA standards. If your employer
provides respirators for your voluntary use,
Standard Safety Requirements for In-
or if you provide your own respirator, you dustrial Head Protection,’’ ANSI Z89.1–
need to take certain precautions to be sure 1969, which is incorporated by reference
that the respirator itself does not present a as specified in § 1910.6, or shall be dem-
hazard. onstrated by the employer to be equal-
You should do the following: ly effective.
1. Read and heed all instructions provided
[59 FR 16362, Apr. 6, 1994, as amended at 61
by the manufacturer on use, maintenance,
FR 9238, Mar. 7, 1996; 61 FR 19548, May 2, 1996]
cleaning and care, and warnings regarding
the respirators limitations. § 1910.136 Foot protection.
2. Choose respirators certified for use to
protect against the contaminant of concern. (a) General requirements. The em-
NIOSH, the National Institute for Occupa- ployer shall ensure that each affected
tional Safety and Health of the U.S. Depart- employee uses protective footwear
ment of Health and Human Services, cer- when working in areas where there is a
tifies respirators. A label or statement of danger of foot injuries due to falling or
certification should appear on the respirator rolling objects, or objects piercing the
or respirator packaging. It will tell you what sole, and where such employee’s feet
the respirator is designed for and how much are exposed to electrical hazards.
it will protect you.
(b) Criteria for protective footwear. (1)
3. Do not wear your respirator into
atmospheres containing contaminants for
Protective footwear purchased after
which your respirator is not designed to pro- July 5, 1994 shall comply with ANSI
tect against. For example, a respirator de- Z41–1991, ‘‘American National Standard
signed to filter dust particles will not pro- for Personal Protection—Protective
tect you against gases, vapors, or very small Footwear,’’ which is incorporated by
solid particles of fumes or smoke. reference as specified in § 1910.6, or
445
shall be demonstrated by the employer (B) The test voltage shall be applied
to be equally effective. continuously for 3 minutes for equip-
(2) Protective footwear purchased be- ment other than matting and shall be
fore July 5, 1994 shall comply with the applied continuously for 1 minute for
ANSI standard ‘‘USA Standard for matting.
Men’s Safety-Toe Footwear,’’ Z41.1– (C) Gloves shall also be capable of
1967, which is incorporated by reference withstanding the a-c proof-test voltage
as specified in § 1910.6, or shall be dem- specified in Table I–2 after a 16-hour
onstrated by the employer to be equal- water soak. (See the note following
ly effective. paragraph (a)(3)(ii)(B) of this section.)
[59 FR 16362, Apr. 6, 1994; 59 FR 33911, July 1,
(ii) When the a-c proof test is used on
1994, as amended at 61 FR 9238, Mar. 7, 1996; gloves, the 60-hertz proof-test current
61 FR 19548, May 2, 1996; 61 FR 21228, May 9, may not exceed the values specified in
1996] Table I–2 at any time during the test
period.
§ 1910.137 Electrical protective equip- (A) If the a-c proof test is made at a
ment. frequency other than 60 hertz, the per-
(a) Design requirements. Insulating missible proof-test current shall be
blankets, matting, covers, line hose, computed from the direct ratio of the
gloves, and sleeves made of rubber frequencies.
shall meet the following requirements: (B) For the test, gloves (right side
(1) Manufacture and marking. (i) Blan- out) shall be filled with tap water and
kets, gloves, and sleeves shall be pro- immersed in water to a depth that is in
duced by a seamless process. accordance with Table I–4. Water shall
(ii) Each item shall be clearly be added to or removed from the glove,
marked as follows: as necessary, so that the water level is
(A) Class 0 equipment shall be the same inside and outside the glove.
marked Class 0. (C) After the 16-hour water soak spec-
(B) Class 1 equipment shall be ified in paragraph (a)(2)(i)(C) of this
marked Class 1. section, the 60-hertz proof-test current
(C) Class 2 equipment shall be may exceed the values given in Table I–
marked Class 2. 2 by not more than 2 milliamperes.
(D) Class 3 equipment shall be (iii) Equipment that has been sub-
marked Class 3. jected to a minimum breakdown volt-
(E) Class 4 equipment shall be age test may not be used for electrical
marked Class 4. protection. (See the note following
(F) Non-ozone-resistant equipment paragraph (a)(3)(ii)(B) of this section.)
other than matting shall be marked (iv) Material used for Type II insu-
Type I. lating equipment shall be capable of
(G) Ozone-resistant equipment other withstanding an ozone test, with no
than matting shall be marked Type II. visible effects. The ozone test shall re-
(H) Other relevant markings, such as liably indicate that the material will
the manufacturer’s identification and resist ozone exposure in actual use.
the size of the equipment, may also be Any visible signs of ozone deterioration
provided. of the material, such as checking,
(iii) Markings shall be nonconducting cracking, breaks, or pitting, is evi-
and shall be applied in such a manner dence of failure to meet the require-
as not to impair the insulating quali- ments for ozone-resistant material.
ties of the equipment. (See the note following paragraph
(iv) Markings on gloves shall be con- (a)(3)(ii)(B) of this section.)
fined to the cuff portion of the glove. (3) Workmanship and finish. (i) Equip-
(2) Electrical requirements. (i) Equip- ment shall be free of harmful physical
ment shall be capable of withstanding irregularities that can be detected by
the a-c proof-test voltage specified in the tests or inspections required under
Table I–2 or the d-c proof-test voltage this section.
specified in Table I–3. (ii) Surface irregularities that may
(A) The proof test shall reliably indi- be present on all rubber goods because
cate that the equipment can withstand of imperfections on forms or molds or
the voltage involved. because of inherent difficulties in the
446
manufacturing process and that may (C) An embedded foreign object;

appear as indentations, protuberances, (D) Any of the following texture
or imbedded foreign material are ac- changes: swelling, softening, hard-
ceptable under the following condi- ening, or becoming sticky or inelastic.
tions: (E) Any other defect that damages
(A) The indentation or protuberance the insulating properties.
blends into a smooth slope when the (iv) Insulating equipment found to
material is stretched. have other defects that might affect its
(B) Foreign material remains in insulating properties shall be removed
place when the insulating material is from service and returned for testing
folded and stretches with the insu- under paragraphs (b)(2)(viii) and
lating material surrounding it. (b)(2)(ix) of this section.
NOTE: Rubber insulating equipment meet- (v) Insulating equipment shall be
ing the following national consensus stand- cleaned as needed to remove foreign
ards is deemed to be in compliance with substances.
paragraph (a) of this section: (vi) Insulating equipment shall be
American Society for Testing and Mate- stored in such a location and in such a
rials (ASTM) D 120–87, Specification for Rub- manner as to protect it from light,
ber Insulating Gloves. temperature extremes, excessive hu-
ASTM D 178–93 (or D 178–88) Specification midity, ozone, and other injurious sub-
for Rubber Insulating Matting. stances and conditions.
ASTM D 1048–93 (or D 1048–88a) Specifica-
tion for Rubber Insulating Blankets. (vii) Protector gloves shall be worn
ASTM D 1049–93 (or D 1049–88) Specification over insulating gloves, except as fol-
for Rubber Insulating Covers. lows:
ASTM D 1050–90, Specification for Rubber (A) Protector gloves need not be used
Insulating Line Hose. with Class 0 gloves, under limited-use
ASTM D 1051–87, Specification for Rubber conditions, where small equipment and
Insulating Sleeves.
parts manipulation necessitate unusu-
These standards contain specifications for
conducting the various tests required in ally high finger dexterity.
paragraph (a) of this section. For example, NOTE: Extra care is needed in the visual ex-
the a-c and d-c proof tests, the breakdown amination of the glove and in the avoidance
test, the water soak procedure, and the of handling sharp objects.
ozone test mentioned in this paragraph are (B) Any other class of glove may be
described in detail in the ASTM standards. used for similar work without pro-
(b) In-service care and use. (1) Elec- tector gloves if the employer can dem-
trical protective equipment shall be onstrate that the possibility of phys-
maintained in a safe, reliable condi- ical damage to the gloves is small and
tion. if the class of glove is one class higher
(2) The following specific require- than that required for the voltage in-
ments apply to insulating blankets, volved. Insulating gloves that have
covers, line hose, gloves, and sleeves been used without protector gloves
made of rubber: may not be used at a higher voltage
(i) Maximum use voltages shall con- until they have been tested under the
form to those listed in Table I–5. provisions of paragraphs (b)(2)(viii) and
(ii) Insulating equipment shall be in- (b)(2)(ix) of this section.
spected for damage before each day’s (viii) Electrical protective equipment
use and immediately following any in- shall be subjected to periodic electrical
cident that can reasonably be sus- tests. Test voltages and the maximum
pected of having caused damage. Insu- intervals between tests shall be in ac-
lating gloves shall be given an air test, cordance with Table I–5 and Table I–6.
along with the inspection. (ix) The test method used under para-
(iii) Insulating equipment with any graphs (b)(2)(viii) and (b)(2)(ix) of this
of the following defects may not be section shall reliably indicate whether
used: the insulating equipment can with-
(A) A hole, tear, puncture, or cut; stand the voltages involved.
(B) Ozone cutting or ozone checking NOTE: Standard electrical test methods
(the cutting action produced by ozone considered as meeting this requirement are
on rubber under mechanical stress into given in the following national consensus
a series of interlacing cracks); standards:
447
American Society for Testing and Mate- by 22 inches (560 mm by 560 mm) for
rials (ASTM) D 120–87, Specification for Rub- Class 1, 2, 3, and 4 blankets.
ber Insulating Gloves.
ASTM D 1048–93, Specification for Rubber
(D) Rubber insulating gloves and
Insulating Blankets. sleeves with minor physical defects,
ASTM D 1049–93, Specification for Rubber such as small cuts, tears, or punctures,
Insulating Covers. may be repaired by the application of a
ASTM D 1050–90, Specification for Rubber compatible patch. Also, rubber insu-
Insulating Line Hose.
lating gloves and sleeves with minor
ASTM D 1051–87, Specification for Rubber
Insulating Sleeves. surface blemishes may be repaired with
ASTM F 478–92, Specification for In-Serv- a compatible liquid compound. The
ice Care of Insulating Line Hose and Covers. patched area shall have electrical and
ASTM F 479–93, Specification for In-Serv- physical properties equal to those of
ice Care of Insulating Blankets. the surrounding material. Repairs to
ASTM F 496–93b Specification for In-Serv-
ice Care of Insulating Gloves and Sleeves.
gloves are permitted only in the area
(x) Insulating equipment failing to between the wrist and the reinforced
pass inspections or electrical tests may edge of the opening.
not be used by employees, except as (xi) Repaired insulating equipment
follows: shall be retested before it may be used
(A) Rubber insulating line hose may by employees.
be used in shorter lengths with the de- (xii) The employer shall certify that
fective portion cut off. equipment has been tested in accord-
(B) Rubber insulating blankets may ance with the requirements of para-
be repaired using a compatible patch graphs (b)(2)(viii), (b)(2)(ix), and
that results in physical and electrical (b)(2)(xi) of this section. The certifi-
properties equal to those of the blan- cation shall identify the equipment
ket. that passed the test and the date it was
(C) Rubber insulating blankets may tested.
be salvaged by severing the defective NOTE: Marking of equipment and entering
area from the undamaged portion of the results of the tests and the dates of test-
the blanket. The resulting undamaged ing onto logs are two acceptable means of
area may not be smaller than 22 inches meeting this requirement.
TABLE I-2—A-C PROOF-TEST REQUIREMENTS

Maximum proof-test current, mA (gloves only)
Proof-test
Class of equipment voltage 267-mm 356-mm 406-mm 457-mm
rms V (10.5-in) (14-in) (16-in) (18-in)
glove glove glove glove
0 .............................................................................................. 5,000 8 12 14 16
1 .............................................................................................. 10,000 .................. 14 16 18
2 .............................................................................................. 20,000 .................. 16 18 20
3 .............................................................................................. 30,000 .................. 18 20 22
4 .............................................................................................. 40,000 .................. .................. 22 24
TABLE I-3—D-C PROOF-TEST REQUIREMENTS

Proof-test
Class of equipment voltage
0 ..................................................................................................................................................................................... 20,000
1 ..................................................................................................................................................................................... 40,000
2 ..................................................................................................................................................................................... 50,000
3 ..................................................................................................................................................................................... 60,000
4 ..................................................................................................................................................................................... 70,000
NOTE: The d-c voltages listed in this table can be safely used at the voltages listed in
are not appropriate for proof testing rubber Table I–4. See ASTM D 1050–90 and ASTM D
insulating line hose or covers. For this 1049–88 for further information on proof tests
equipment, d-c proof tests shall use a voltage for rubber insulating line hose and covers.
high enough to indicate that the equipment
448
Occupational Safety and Health Admin., Labor Pt. 1910, Subpt. I, App. A
TABLE I–4—GLOVE TESTS—WATER LEVEL 1,2

AC proof test DC proof test
Class of glove
mm. in. mm. in.
0 .................................................................................................................................................... 38 1.5 38 1.5

1 .................................................................................................................................................... 38 1.5 51 2.0
2 .................................................................................................................................................... 64 2.5 76 3.0
3 .................................................................................................................................................... 89 3.5 102 4.0
4 .................................................................................................................................................... 127 5.0 153 6.0
1 The water level is given as the clearance from the cuff of the glove to the water line, with a tolerance of ±13 mm. (±0.5 in.).
2 If atmospheric conditions make the specified clearances impractical, the clearances may be increased by a maximum of 25
mm. (1 in.).
TABLE I–5—RUBBER INSULATING EQUIPMENT VOLTAGE REQUIREMENTS

Maximum use Retest volt- Retest volt-
Class of equipment voltage 1 a-c— age 2 a-c—rms age 2 d-c—avg
rms
0 ......................................................................................................................... 1,000 5,000 20,000

1 ......................................................................................................................... 7,500 10,000 40,000
2 ......................................................................................................................... 17,000 20,000 50,000
3 ......................................................................................................................... 26,500 30,000 60,000
4 ......................................................................................................................... 36,000 40,000 70,000
1 The maximum use voltage is the a-c voltage (rms) classification of the protective equipment that designates the maximum
nominal design voltage of the energized system that may be safely worked. The nominal design voltage is equal to the phase-to-
phase voltage on multiphase circuits. However, the phase-to-ground potential is considered to be the nominal design voltage:
(1) If there is no multiphase exposure in a system area and if the voltage exposure is limited to the phase-to-ground potential,
or
(2) If the electrical equipment and devices are insulated or isolated or both so that the multiphase exposure on a grounded
wye circuit is removed.
2 The proof-test voltage shall be applied continuously for at least 1 minute, but no more than 3 minutes.
TABLE I–6—RUBBER INSULATING EQUIPMENT TEST INTERVALS

Type of equipment When to test
Rubber insulating line hose ......................................................... Upon indication that insulating value is suspect.
Rubber insulating covers ............................................................. Upon indication that insulating value is suspect.
Rubber insulating blankets .......................................................... Before first issue and every 12 months thereafter.1
Rubber insulating gloves ............................................................. Before first issue and every 6 months thereafter.1
Rubber insulating sleeves ........................................................... Before first issue and every 12 months thereafter.1
1 If the insulating equipment has been electrically tested but not issued for service, it may not be placed into service unless it
has been electrically tested within the previous 12 months.
[59 FR 4435, Jan. 31, 1994; 59 FR 33662, June 30, 1994]
§ 1910.138 Hand protection. tion of use, and the hazards and poten-
tial hazards identified.
(a) General requirements. Employers
shall select and require employees to [59 FR 16362, Apr. 6, 1994; 59 FR 33911, July 1,
use appropriate hand protection when 1994]
employees’ hands are exposed to haz-
ards such as those from skin absorp- APPENDIX A TO SUBPART I OF PART
tion of harmful substances; severe cuts 1910—REFERENCES FOR FURTHER IN-
or lacerations; severe abrasions; punc- FORMATION (NON-MANDATORY)
tures; chemical burns; thermal burns; The documents in appendix A provide in-
and harmful temperature extremes. formation which may be helpful in under-
(b) Selection. Employers shall base standing and implementing the standards in
the selection of the appropriate hand Subpart I.
protection on an evaluation of the per- 1. Bureau of Labor Statistics (BLS). ‘‘Ac-
formance characteristics of the hand cidents Involving Eye Injuries.’’ Report 597,
Washington, D.C.: BLS, 1980.
protection relative to the task(s) to be
2. Bureau of Labor Statistics (BLS). ‘‘Ac-
performed, conditions present, dura-
cidents Involving Face Injuries.’’ Report 604,
Washington, D.C.: BLS, 1980.
449
Pt. 1910, Subpt. I, App. B 29 CFR Ch. XVII (7–1–07 Edition)
3. Bureau of Labor Statistics (BLS). ‘‘Ac- tures that could result in burns, eye injury
cidents Involving Head Injuries.’’ Report 605, or ignition of protective equipment, etc.; (c)
Washington, D.C.: BLS, 1980. types of chemical exposures; (d) sources of
4. Bureau of Labor Statistics (BLS). ‘‘Ac- harmful dust; (e) sources of light radiation,
cidents Involving Foot Injuries.’’ Report 626, i.e., welding, brazing, cutting, furnaces, heat
Washington, D.C.: BLS, 1981. treating, high intensity lights, etc.; (f)
5. National Safety Council. ‘‘Accident sources of falling objects or potential for
Facts’’, Annual edition, Chicago, IL: 1981. dropping objects; (g) sources of sharp objects
6. Bureau of Labor Statistics (BLS). ‘‘Oc- which might pierce the feet or cut the hands;
cupational Injuries and Illnesses in the (h) sources of rolling or pinching objects
United States by Industry,’’ Annual edition, which could crush the feet; (i) layout of
Washington, D.C.: BLS. workplace and location of co-workers; and (j)
7. National Society to Prevent Blindness. any electrical hazards. In addition, injury/ac-
‘‘A Guide for Controlling Eye Injuries in In- cident data should be reviewed to help iden-
dustry,’’ Chicago, Il: 1982. tify problem areas.
c. Organize data. Following the walk-
[59 FR 16362, Apr. 6, 1994] through survey, it is necessary to organize
the data and information for use in the as-
APPENDIX B TO SUBPART I TO PART sessment of hazards. The objective is to pre-
1910—NON-MANDATORY COMPLIANCE pare for an analysis of the hazards in the en-
GUIDELINES FOR HAZARD ASSESS- vironment to enable proper selection of pro-
MENT AND PERSONAL PROTECTIVE tective equipment.
EQUIPMENT SELECTION d. Analyze data. Having gathered and orga-
nized data on a workplace, an estimate of
This appendix is intended to provide com- the potential for injuries should be made.
pliance assistance for employers and employ- Each of the basic hazards (paragraph 3.a.)
ees in implementing requirements for a haz- should be reviewed and a determination
ard assessment and the selection of personal made as to the type, level of risk, and seri-
protective equipment. ousness of potential injury from each of the
1. Controlling hazards. PPE devices alone hazards found in the area. The possibility of
should not be relied on to provide protection exposure to several hazards simultaneously
against hazards, but should be used in con- should be considered.
junction with guards, engineering controls, 4. Selection guidelines. After completion of
and sound manufacturing practices. the procedures in paragraph 3, the general
2. Assessment and selection. It is necessary procedure for selection of protective equip-
to consider certain general guidelines for as- ment is to: a) Become familiar with the po-
sessing the foot, head, eye and face, and hand tential hazards and the type of protective
hazard situations that exist in an occupa- equipment that is available, and what it can
tional or educational operation or process, do; i.e., splash protection, impact protection,
and to match the protective devices to the etc.; b) compare the hazards associated with
particular hazard. It should be the responsi- the environment; i.e., impact velocities,
bility of the safety officer to exercise com- masses, projectile shape, radiation inten-
mon sense and appropriate expertise to ac- sities, with the capabilities of the available
complish these tasks. protective equipment; c) select the protec-
3. Assessment guidelines. In order to assess tive equipment which ensures a level of pro-
the need for PPE the following steps should tection greater than the minimum required
be taken: to protect employees from the hazards; and
a. Survey. Conduct a walk-through survey d) fit the user with the protective device and
of the areas in question. The purpose of the give instructions on care and use of the PPE.
survey is to identify sources of hazards to It is very important that end users be made
workers and co-workers. Consideration aware of all warning labels for and limita-
should be given to the basic hazard cat- tions of their PPE.
egories: 5. Fitting the device. Careful consideration
(a) Impact must be given to comfort and fit. PPE that
(b) Penetration fits poorly will not afford the necessary pro-
(c) Compression (roll-over) tection. Continued wearing of the device is
(d) Chemical more likely if it fits the wearer comfortably.
(e) Heat Protective devices are generally available in
(f) Harmful dust a variety of sizes. Care should be taken to
(g) Light (optical) radiation ensure that the right size is selected.
b. Sources. During the walk-through survey 6. Devices with adjustable features. Adjust-
the safety officer should observe: (a) sources ments should be made on an individual basis
of motion; i.e., machinery or processes where for a comfortable fit that will maintain the
any movement of tools, machine elements or protective device in the proper position. Par-
particles could exist, or movement of per- ticular care should be taken in fitting de-
sonnel that could result in collision with sta-
vices for eye protection against dust and

tionary objects; (b) sources of high tempera- chemical splash to ensure that the devices
450
Occupational Safety and Health Admin., Labor Pt. 1910, Subpt. I, App. B
are sealed to the face. In addition, proper fit- 8. Selection chart guidelines for eye and face
ting of helmets is important to ensure that protection. Some occupations (not a complete
it will not fall off during work operations. In list) for which eye protection should be rou-
some cases a chin strap may be necessary to tinely considered are: carpenters, elec-
keep the helmet on an employee’s head. tricians, machinists, mechanics and repair-
(Chin straps should break at a reasonably ers, millwrights, plumbers and pipe fitters,
low force, however, so as to prevent a stran- sheet metal workers and tinsmiths, assem-
gulation hazard). Where manufacturer’s in-
blers, sanders, grinding machine operators,
structions are available, they should be fol-
lathe and milling machine operators, saw-
lowed carefully.
7. Reassessment of hazards. It is the respon- yers, welders, laborers, chemical process op-
sibility of the safety officer to reassess the erators and handlers, and timber cutting and
workplace hazard situation as necessary, by logging workers. The following chart pro-
identifying and evaluating new equipment vides general guidance for the proper selec-
and processes, reviewing accident records, tion of eye and face protection to protect
and reevaluating the suitability of pre- against hazards associated with the listed
viously selected PPE. hazard ‘‘source’’ operations.
EYE AND FACE PROTECTION SELECTION CHART

Source Assessment of Hazard Protection
IMPACT—Chipping, grinding machining, masonry Flying fragments, objects, Spectacles with side protection, goggles,
work, woodworking, sawing, drilling, chiseling, large chips, particles sand, face shields. See notes (1), (3), (5), (6),
powered fastening, riveting, and sanding. dirt, etc. (10). For severe exposure, use
faceshield.
HEAT—Furnace operations, pouring, casting, hot Hot sparks ............................... Faceshields, goggles, spectacles with side
dipping, and welding. protection. For severe exposure use
faceshield. See notes (1), (2), (3).
Splash from molten metals ..... Faceshields worn over goggles. See notes
(1), (2), (3).
High temperature exposure .... Screen face shields, reflective face
shields. See notes (1), (2), (3).
CHEMICALS—Acid and chemicals handling, Splash ..................................... Goggles, eyecup and cover types. For se-
degreasing plating. vere exposure, use face shield. See
notes (3), (11).
Irritating mists .......................... Special-purpose goggles.
DUST—Woodworking, buffing, general dusty con- Nuisance dust ......................... Goggles, eyecup and cover types. See
ditions. note (8).
LIGHT and/or RADIATION—.
Welding: Electric arc Optical radiation ...................... Welding helmets or welding shields. Typ-
ical shades: 10-14. See notes (9), (12)
Welding: Gas Optical radiation ...................... Welding goggles or welding face shield.
Typical shades: gas welding 4-8, cutting
3-6, brazing 3-4. See note (9)
Cutting, Torch brazing, Torch soldering Optical radiation ...................... Spectacles or welding face-shield. Typical
shades, 1.5-3. See notes (3), (9)
Glare Poor vision .............................. Spectacles with shaded or special-purpose
lenses, as suitable. See notes (9), (10).
Notes to Eye and Face Protection Selection Chart:
(1) 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 pro-
tection.
(2) Operations involving heat may also involve light radiation. As required by the standard, protection from both hazards must
be provided.
(3) Faceshields should only be worn over primary eye protection (spectacles or goggles).
(4) As required by the standard, filter lenses must meet the requirements for shade designations in § 1910.133(a)(5). Tinted
and shaded lenses are not filter lenses unless they are marked or identified as such.
(5) 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) eyewear.
(6) 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.
(7) Caution should be exercised in the use of metal frame protective devices in electrical hazard areas.
(8) Atmospheric conditions and the restricted ventilation of the protector can cause lenses to fog. Frequent cleansing may be
necessary.
(9) Welding helmets or faceshields should be used only over primary eye protection (spectacles or goggles).
(10) Non-sideshield spectacles are available for frontal protection only, but are not acceptable eye protection for the sources
and operations listed for ‘‘impact.’’
(11) 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.
(12) Protection from light radiation is directly related to filter lens density. See note (4) . Select the darkest shade that allows
task performance.
451
Pt. 1910, Subpt. I, App. B 29 CFR Ch. XVII (7–1–07 Edition)
9. Selection guidelines for head protection. All clerks, stock clerks, carpenters, electricians,
head protection (helmets) is designed to pro- machinists, mechanics and repairers, plumb-
vide protection from impact and penetration ers and pipe fitters, structural metal work-
hazards caused by falling objects. Head pro- ers, assemblers, drywall installers and lath-
tection is also available which provides pro- ers, packers, wrappers, craters, punch and
tection from electric shock and burn. When stamping press operators, sawyers, welders,
selecting head protection, knowledge of po- laborers, freight handlers, gardeners and
tential electrical hazards is important. Class grounds-keepers, timber cutting and logging
A helmets, in addition to impact and pene- workers, stock handlers and warehouse la-
tration resistance, provide electrical protec- borers.
tion from low-voltage conductors (they are 11. Selection guidelines for hand protection.
proof tested to 2,200 volts). Class B helmets, Gloves are often relied upon to prevent cuts,
in addition to impact and penetration resist- abrasions, burns, and skin contact with
ance, provide electrical protection from chemicals that are capable of causing local
high-voltage conductors (they are proof test- or systemic effects following dermal expo-
ed to 20,000 volts). Class C helmets provide sure. OSHA is unaware of any gloves that
impact and penetration resistance (they are provide protection against all potential hand
usually made of aluminum which conducts hazards, and commonly available glove ma-
electricity), and should not be used around terials provide only limited protection
electrical hazards. against many chemicals. Therefore, it is im-
Where falling object hazards are present, portant to select the most appropriate glove
helmets must be worn. Some examples infor a particular application and to determine
clude: working below other workers who are how long it can be worn, and whether it can
using tools and materials which could fall; be reused.
working around or under conveyor belts It is also important to know the perform-
which are carrying parts or materials; work- ance characteristics of gloves relative to the
ing below machinery or processes which specific hazard anticipated; e.g., chemical
might cause material or objects to fall; and hazards, cut hazards, flame hazards, etc.
working on exposed energized conductors.
These performance characteristics should be
Some examples of occupations for which
assessed by using standard test procedures.
head protection should be routinely consid-
Before purchasing gloves, the employer
ered are: carpenters, electricians, linemen,
should request documentation from the man-
mechanics and repairers, plumbers and pipe
ufacturer that the gloves meet the appro-
fitters, assemblers, packers, wrappers, saw-
priate test standard(s) for the hazard(s) an-
yers, welders, laborers, freight handlers, tim-
ticipated.
ber cutting and logging, stock handlers, and
warehouse laborers. Other factors to be considered for glove se-
10. Selection guidelines for foot protection. lection in general include:
Safety shoes and boots which meet the ANSI (A) As long as the performance character-
Z41–1991 Standard provide both impact and istics are acceptable, in certain cir-
compression protection. Where necessary, cumstances, it may be more cost effective to
safety shoes can be obtained which provide regularly change cheaper gloves than to
puncture protection. In some work situa- reuse more expensive types; and,
tions, metatarsal protection should be pro- (B) The work activities of the employee
vided, and in other special situations elec- should be studied to determine the degree of
trical conductive or insulating safety shoes dexterity required, the duration, frequency,
would be appropriate. and degree of exposure of the hazard, and the
Safety shoes or boots with impact protec- physical stresses that will be applied.
tion would be required for carrying or han- With respect to selection of gloves for pro-
dling materials such as packages, objects, tection against chemical hazards:
parts or heavy tools, which could be dropped; (A) The toxic properties of the chemical(s)
and, for other activities where objects might must be determined; in particular, the abil-
fall onto the feet. Safety shoes or boots with ity of the chemical to cause local effects on
compression protection would be required for the skin and /or to pass through the skin and
work activities involving skid trucks (man- cause systemic effects;
ual material handling carts) around bulk (B) Generally, any ‘‘chemical resistant’’
rolls (such as paper rolls) and around heavy glove can be used for dry powders;
pipes, all of which could potentially roll over (C) For mixtures and formulated products
an employee’s feet. Safety shoes or boots (unless specific test data are available), a
with puncture protection would be required glove should be selected on the basis of the
where sharp objects such as nails, wire, chemical component with the shortest
tacks, screws, large staples, scrap metal etc., breakthrough time, since it is possible for
could be stepped on by employees causing a solvents to carry active ingredients through
foot injury. polymeric materials; and,
Some occupations (not a complete list) for (D) Employees must be able to remove the
which foot protection should be routinely
gloves in such a manner as to prevent skin

considered are: shipping and receiving contamination.
452
12. Cleaning and maintenance. It is impor- pose of defecation or urination, or
tant that all PPE be kept clean and properly both.
maintained. Cleaning is particularly impor-
Toilet room, means a room maintained
tant for eye and face protection where dirty
or fogged lenses could impair vision. within or on the premises of any place
For the purposes of compliance with of employment, containing toilet fa-
§ 1910.132 (a) and (b), PPE should be in- cilities for use by employees.
spected, cleaned, and maintained at regular Toxic material means a material in
intervals so that the PPE provides the req- concentration or amount which ex-
uisite protection. ceeds the applicable limit established
It is also important to ensure that con- by a standard, such as §§ 1910.1000 and
taminated PPE which cannot be decontami-
nated is disposed of in a manner that pro- 1910.1001 or, in the absence of an appli-
tects employees from exposure to hazards. cable standard, which is of such tox-
icity so as to constitute a recognized
[59 FR 16362, Apr. 6, 1994] hazard that is causing or is likely to
cause death or serious physical harm.
Subpart J—General Environmental Urinal means a toilet facility main-
Controls tained within a toilet room for the sole
purpose of urination.
AUTHORITY: Secs. 4, 6, and 8, Occupational Water closet means a toilet facility
Safety and Health Act of 1970 (29 U.S.C. 653, maintained within a toilet room for
655, 657); Secretary of Labor’s Order No. 12–71 the purpose of both defecation and uri-
(36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR nation and which is flushed with water.
35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–
2000 (65 FR 50017), or 5–2002 (67 FR 65008), as Wet process means any process or op-
applicable. eration in a workroom which normally
Sections 1910.141, 1910.142, 1910.145, 1910.146, results in surfaces upon which employ-
and 1910.147 also issued under 29 CFR part ees may walk or stand becoming wet.
1911. (3) Housekeeping. (i) All places of em-
ployment shall be kept clean to the ex-
§ 1910.141 Sanitation. tent that the nature of the work al-
(a) General—(1) Scope. This section lows.
applies to permanent places of employ- (ii) The floor of every workroom shall
ment. be maintained, so far as practicable, in
(2) Definitions applicable to this section. a dry condition. Where wet processes
Nonwater carriage toilet facility, means are used, drainage shall be maintained
a toilet facility not connected to a and false floors, platforms, mats, or
sewer. other dry standing places shall be pro-
Number of employees means, unless vided, where practicable, or appro-
otherwise specified, the maximum priate waterproof footgear shall be pro-
number of employees present at any vided.
one time on a regular shift. (iii) To facilitate cleaning, every
Personal service room, means a room floor, working place, and passageway
used for activities not directly con- shall be kept free from protruding
nected with the production or service nails, splinters, loose boards, and un-
function performed by the establish- necessary holes and openings.
ment. Such activities include, but are (4) Waste disposal. (i) Any receptacle
not limited to, first-aid, medical serv- used for putrescible solid or liquid
ices, dressing, showering, toilet use, waste or refuse shall be so constructed
washing, and eating. that it does not leak and may be thor-
Potable water means water which oughly cleaned and maintained in a
meets the quality standards prescribed sanitary condition. Such a receptacle
in the U.S. Public Health Service shall be equipped with a solid tight-fit-
Drinking Water Standards, published ting cover, unless it can be maintained
in 42 CFR part 72, or water which is ap- in a sanitary condition without a
proved for drinking purposes by the cover. This requirement does not pro-
State or local authority having juris- hibit the use of receptacles which are
diction. designed to permit the maintenance of
Toilet facility, means a fixture main- a sanitary condition without regard to
tained within a toilet room for the pur- the aforementioned requirements.
453
(ii) All sweepings, solid or liquid clothing. Nonpotable water may be

wastes, refuse, and garbage shall be reused for cleaning work premises, other
moved in such a manner as to avoid than food processing and preparation
creating a menace to health and as premises and personal service rooms:
often as necessary or appropriate to Provided, That this nonpotable water
maintain the place of employment in a does not contain concentrations of
sanitary condition. chemicals, fecal coliform, or other sub-
(5) Vermin control. Every enclosed stances which could create insanitary
workplace shall be so constructed, conditions or be harmful to employees.
equipped, and maintained, so far as (c) Toilet facilities—(1) General. (i) Ex-
reasonably practicable, as to prevent cept as otherwise indicated in this
the entrance or harborage of rodents, paragraph (c)(1)(i), toilet facilities, in
insects, and other vermin. A con- toilet rooms separate for each sex,
tinuing and effective extermination shall be provided in all places of em-
program shall be instituted where their
ployment in accordance with table J–1
presence is detected.
of this section. The number of facilities
(b) Water supply—(1) Potable water. (i)
to be provided for each sex shall be
Potable water shall be provided in all
based on the number of employees of
places of employment, for drinking,
that sex for whom the facilities are fur-
washing of the person, cooking, wash-
ing of foods, washing of cooking or eat- nished. Where toilet rooms will be oc-
ing utensils, washing of food prepara- cupied by no more than one person at a
tion or processing premises, and per- time, can be locked from the inside,
sonal service rooms. and contain at least one water closet,
(ii) [Reserved] separate toilet rooms for each sex need
(iii) Portable drinking water dis- not be provided. Where such single-oc-
pensers shall be designed, constructed, cupancy rooms have more than one toi-
and serviced so that sanitary condi- let facility, only one such facility in
tions are maintained, shall be capable each toilet room shall be counted for
of being closed, and shall be equipped the purpose of table J–1.
with a tap.
(iv) [Reserved] TABLE J–1
(v) Open containers such as barrels, Minimum
pails, or tanks for drinking water from Number of employees number of
water clos-
which the water must be dipped or ets 1
poured, whether or not they are fitted
with a cover, are prohibited. 1 to 15 ................................................................. 1
(vi) A common drinking cup and 16 to 35 ............................................................... 2
36 to 55 ............................................................... 3
other common utensils are prohibited. 56 to 80 ............................................................... 4
(2) Nonpotable water. (i) Outlets for 81 to 110 ............................................................. 5.
nonpotable water, such as water for in- 111 to 150 ........................................................... 6
dustrial or firefighting purposes, shall Over 150 .............................................................. (2)
be posted or otherwise marked in a 1 Where toilet facilities will not be used by women, urinals
manner that will indicate clearly that may be provided instead of water closets, except that the
the water is unsafe and is not to be number of water closets in such cases shall not be reduced to
less than 2⁄3 of the minimum specified.
used for drinking, washing of the per- 2 1 additional fixture for each additional 40 employees.
son, cooking, washing of food, washing

of cooking or eating utensils, washing (ii) The requirements of paragraph
of food preparation or processing prem- (c)(1)(i) of this section do not apply to
ises, or personal service rooms, or for mobile crews or to normally unat-
washing clothes. tended work locations so long as em-
(ii) Construction of nonpotable water ployees working at these locations
systems or systems carrying any other have transportation immediately
nonpotable substance shall be such as available to nearby toilet facilities
to prevent backflow or backsiphonage which meet the other requirements of
into a potable water system. this subparagraph.
(iii) Nonpotable water shall not be (iii) The sewage disposal method
used for washing any portion of the shall not endanger the health of em-
person, cooking or eating utensils, or ployees.
454
(2) Construction of toilet rooms. (i) (f) Clothes drying facilities. Where
Each water closet shall occupy a sepa- working clothes are provided by the
rate compartment with a door and employer and become wet or are
walls or partitions between fixtures washed between shifts, provision shall
sufficiently high to assure privacy. be made to insure that such clothing is
(ii) [Reserved] dry before reuse.
(d) Washing facilities—(1) General. (g) Consumption of food and beverages
Washing facilities shall be maintained on the premises—(1) Application. This
in a sanitary condition. paragraph shall apply only where em-
(2) Lavatories. (i) Lavatories shall be ployees are permitted to consume food
made available in all places of employ- or beverages, or both, on the premises.
ment. The requirements of this sub- (2) Eating and drinking areas. No em-
division do not apply to mobile crews ployee shall be allowed to consume
or to normally unattended work loca- food or beverages in a toilet room nor
tions if employees working at these lo- in any area exposed to a toxic mate-
cations have transportation readily rial.
available to nearby washing facilities (3) Waste disposal containers. Recep-
which meet the other requirements of tacles constructed of smooth, corrosion
this paragraph. resistant, easily cleanable, or dispos-
(ii) Each lavatory shall be provided able materials, shall be provided and
with hot and cold running water, or used for the disposal of waste food. The
tepid running water. number, size, and location of such re-
(iii) Hand soap or similar cleansing ceptacles shall encourage their use and
agents shall be provided. not result in overfilling. They shall be
(iv) Individual hand towels or sec- emptied not less frequently than once
tions thereof, of cloth or paper, warm each working day, unless unused, and
air blowers or clean individual sections shall be maintained in a clean and san-
of continuous cloth toweling, conven- itary condition. Receptacles shall be
ient to the lavatories, shall be pro- provided with a solid tight-fitting
vided. cover unless sanitary conditions can be
(3) Showers. (i) Whenever showers are maintained without use of a cover.
required by a particular standard, the (4) Sanitary storage. No food or bev-
showers shall be provided in accord- erages shall be stored in toilet rooms
ance with paragraphs (d)(3) (ii) through or in an area exposed to a toxic mate-
(v) of this section. rial.
(ii) One shower shall be provided for (h) Food handling. All employee food
each 10 employees of each sex, or nu- service facilities and operations shall
merical fraction thereof, who are re- be carried out in accordance with
quired to shower during the same shift. sound hygienic principles. In all places
(iii) Body soap or other appropriate of employment where all or part of the
cleansing agents convenient to the food service is provided, the food dis-
showers shall be provided as specified pensed shall be wholesome, free from
in paragraph (d)(2)(iii) of this section. spoilage, and shall be processed, pre-
(iv) Showers shall be provided with pared, handled, and stored in such a
hot and cold water feeding a common manner as to be protected against con-
discharge line. tamination.
(v) Employees who use showers shall [39 FR 23502, June 27, 1974, as amended at 40
be provided with individual clean tow- FR 18446, April 28, 1975; 40 FR 23073, May 28,
els. 1975; 43 FR 49748, Oct. 24, 1978; 63 FR 33466,
(e) Change rooms. Whenever employ- June 18, 1998]
ees are required by a particular stand-
ard to wear protective clothing because § 1910.142 Temporary labor camps.
of the possibility of contamination (a) Site. (1) All sites used for camps
with toxic materials, change rooms shall be adequately drained. They shall
equipped with storage facilities for not be subject to periodic flooding, nor
street clothes and separate storage fa- located within 200 feet of swamps,
cilities for the protective clothing pools, sink holes, or other surface col-
shall be provided. lections of water unless such quiescent
455
water surfaces can be subjected to mos- (7) All living quarters shall be pro-
quito control measures. The camp shall vided with windows the total of which
be located so the drainage from and shall be not less than one-tenth of the
through the camp will not endanger floor area. At least one-half of each
any domestic or public water supply. window shall be so constructed that it
All sites shall be graded, ditched, and can be opened for purposes of ventila-
rendered free from depressions in which tion.
water may become a nuisance. (8) All exterior openings shall be ef-
(2) All sites shall be adequate in size fectively screened with 16–mesh mate-
to prevent overcrowding of necessary rial. All screen doors shall be equipped
structures. The principal camp area in with self-closing devices.
which food is prepared and served and (9) In a room where workers cook,
where sleeping quarters are located live, and sleep a minimum of 100 square
shall be at least 500 feet from any area feet per person shall be provided. Sani-
in which livestock is kept. tary facilities shall be provided for
(3) The grounds and open areas sur- storing and preparing food.
rounding the shelters shall be main- (10) In camps where cooking facilities
tained in a clean and sanitary condi- are used in common, stoves (in ratio of
tion free from rubbish, debris, waste one stove to 10 persons or one stove to
paper, garbage, or other refuse. two families) shall be provided in an
(b) Shelter. (1) Every shelter in the
enclosed and screened shelter. Sanitary
camp shall be constructed in a manner
facilities shall be provided for storing
which will provide protection against
and preparing food.
the elements.
(11) All heating, cooking, and water
(2) Each room used for sleeping pur-
heating equipment shall be installed in
poses shall contain at least 50 square
accordance with State and local ordi-
feet of floor space for each occupant.
nances, codes, and regulations gov-
At least a 7–foot ceiling shall be pro-
erning such installations. If a camp is
vided.
used during cold weather, adequate
(3) Beds, cots, or bunks, and suitable
heating equipment shall be provided.
storage facilities such as wall lockers
for clothing and personal articles shall (c) Water supply. (1) An adequate and
be provided in every room used for convenient water supply, approved by
sleeping purposes. Such beds or similar the appropriate health authority, shall
facilities shall be spaced not closer be provided in each camp for drinking,
than 36 inches both laterally and end cooking, bathing, and laundry pur-
to end, and shall be elevated at least 12 poses.
inches from the floor. If double-deck (2) A water supply shall be deemed
bunks are used, they shall be spaced adequate if it is capable of delivering 35
not less than 48 inches both laterally gallons per person per day to the camp-
and end to end. The minimum clear site at a peak rate of 21⁄2 times the av-
space between the lower and upper erage hourly demand.
bunk shall be not less than 27 inches. (3) The distribution lines shall be ca-
Triple-deck bunks are prohibited. pable of supplying water at normal op-
(4) The floors of each shelter shall be erating pressures to all fixtures for si-
constructed of wood, asphalt, or con- multaneous operation. Water outlets
crete. Wooden floors shall be of smooth shall be distributed throughout the
and tight construction. The floors shall camp in such a manner that no shelter
be kept in good repair. is more than 100 feet from a yard hy-
(5) All wooden floors shall be ele- drant if water is not piped to the shel-
vated not less than 1 foot above the ters.
ground level at all points to prevent (4) Where water under pressure is
dampness and to permit free circula- available, one or more drinking foun-
tion of air beneath. tains shall be provided for each 100 oc-
(6) Nothing in this section shall be cupants or fraction thereof. Common
construed to prohibit ‘‘banking’’ with drinking cups are prohibited.
earth or other suitable material around (d) Toilet facilities. (1) Toilet facilities
the outside walls in areas subject to ex- adequate for the capacity of the camp
treme low temperatures. shall be provided.
456
(2) Each toilet room shall be located of lighting at all hours of the day and
so as to be accessible without any indi- night.
vidual passing through any sleeping (9) An adequate supply of toilet paper
room. Toilet rooms shall have a win- shall be provided in each privy, water
dow not less than 6 square feet in area closet, or chemical toilet compart-
opening directly to the outside area or ment.
otherwise be satisfactorily ventilated. (10) Privies and toilet rooms shall be
All outside openings shall be screened kept in a sanitary condition. They
with 16–mesh material. No fixture, shall be cleaned at least daily.
water closet, chemical toilet, or urinal (e) Sewage disposal facilities. In camps
shall be located in a room used for where public sewers are available, all
other than toilet purposes. sewer lines and floor drains from build-
(3) A toilet room shall be located ings shall be connected thereto.
within 200 feet of the door of each (f) Laundry, handwashing, and bathing
sleeping room. No privy shall be closer facilities. (1) Laundry, handwashing,
than 100 feet to any sleeping room, din- and bathing facilities shall be provided
ing room, lunch area, or kitchen. in the following ratio:
(4) Where the toilet rooms are shared, (i) Handwash basin per family shelter
such as in multifamily shelters and in or per six persons in shared facilities.
barracks type facilities, separate toilet (ii) Shower head for every 10 persons.
rooms shall be provided for each sex. (iii) Laundry tray or tub for every 30
These rooms shall be distinctly marked persons.
‘‘for men’’ and ‘‘for women’’ by signs (iv) Slop sink in each building used
printed in English and in the native for laundry, hand washing, and bath-
language of the persons occupying the ing.
camp, or marked with easily under- (2) Floors shall be of smooth finish
stood pictures or symbols. If the facili- but not slippery materials; they shall
ties for each sex are in the same build- be impervious to moisture. Floor
ing, they shall be separated by solid drains shall be provided in all shower
walls or partitions extending from the baths, shower rooms, or laundry rooms
floor to the roof or ceiling. to remove waste water and facilitate
(5) Where toilet facilities are shared, cleaning. All junctions of the curbing
the number of water closets or privy and the floor shall be coved. The walls
seats provided for each sex shall be and partitions of shower rooms shall be
based on the maximum number of per- smooth and impervious to the height of
sons of that sex which the camp is de- splash.
signed to house at any one time, in the (3) An adequate supply of hot and
ratio of one such unit to each 15 per- cold running water shall be provided
sons, with a minimum of two units for for bathing and laundry purposes. Fa-
any shared facility. cilities for heating water shall be pro-
(6) Urinals shall be provided on the vided.
basis of one unit or 2 linear feet of uri- (4) Every service building shall be
nal trough for each 25 men. The floor provided with equipment capable of
from the wall and for a distance not maintaining a temperature of at least
less than 15 inches measured from the 70 °F. during cold weather.
outward edge of the urinals shall be (5) Facilities for drying clothes shall
constructed of materials impervious to be provided.
moisture. Where water under pressure (6) All service buildings shall be kept
is available, urinals shall be provided clean.
with an adequate water flush. Urinal (g) Lighting. Where electric service is
troughs in privies shall drain freely available, each habitable room in a
into the pit or vault and the construc- camp shall be provided with at least
tion of this drain shall be such as to ex- one ceiling-type light fixture and at
clude flies and rodents from the pit. least one separate floor- or wall-type
(7) Every water closet installed on or convenience outlet. Laundry and toilet
after August 31, 1971, shall be located rooms and rooms where people con-
in a toilet room. gregate shall contain at least one
(8) Each toilet room shall be lighted ceiling- or wall-type fixture. Light lev-
naturally, or artificially by a safe type els in toilet and storage rooms shall be
457
at least 20 foot-candles 30 inches from (2) Such facilities shall be in charge

the floor. Other rooms, including of a person trained to administer first
kitchens and living quarters, shall be aid and shall be readily accessible for
at least 30 foot-candles 30 inches from use at all times.
the floor. (l) Reporting communicable disease. (1)
(h) Refuse disposal. (1) Fly-tight, ro- It shall be the duty of the camp super-
dent-tight, impervious, cleanable or intendent to report immediately to the
single service containers, approved by local health officer the name and ad-
the appropriate health authority shall dress of any individual in the camp
be provided for the storage of garbage. known to have or suspected of having a
At least one such container shall be communicable disease.
provided for each family shelter and (2) Whenever there shall occur in any
shall be located within 100 feet of each camp a case of suspected food poi-
shelter on a wooden, metal, or concrete soning or an unusual prevalence of any
stand. illness in which fever, diarrhea, sore
(2) Garbage containers shall be kept throat, vomiting, or jaundice is a
clean. prominent symptom, it shall be the
(3) Garbage containers shall be duty of the camp superintendent to re-
emptied when full, but not less than port immediately the existence of the
twice a week. outbreak to the health authority by
telegram, telephone, electronic mail or
(i) Construction and operation of kitch-
any other method that is equally fast.
ens, dining hall, and feeding facilities. (1)
In all camps where central dining or [39 FR 23502, June 27, 1974, as amended at 47
multiple family feeding operations are FR 14696, Apr. 6, 1982; 49 FR 18295, Apr. 30,
permitted or provided, the food han- 1984; 61 FR 9238, Mar. 7, 1996; 63 FR 33466,
dling facilities shall comply with the June 18, 1998; 70 FR 1141, Jan. 5, 2005; 70 FR
53929, Sept. 13, 2005]
requirements of the ‘‘Food Service
Sanitation Ordinance and Code,’’ Part § 1910.143 Nonwater carriage disposal
V of the ‘‘Food Service Sanitation systems. [Reserved]
Manual,’’ U.S. Public Health Service
Publication 934 (1965), which is incor- § 1910.144 Safety color code for mark-
porated by reference as specified in ing physical hazards.
§ 1910.6. (a) Color identification—(1) Red. Red
(2) A properly constructed kitchen shall be the basic color for the identi-
and dining hall adequate in size, sepa- fication of:
rate from the sleeping quarters of any (i) Fire protection equipment and appa-
of the workers or their families, shall ratus. [Reserved]
be provided in connection with all food (ii) Danger. Safety cans or other port-
handling facilities. There shall be no able containers of flammable liquids
direct opening from living or sleeping having a flash point at or below 80 °F,
quarters into a kitchen or dining hall. table containers of flammable liquids
(3) No person with any communicable (open cup tester), excluding shipping
disease shall be employed or permitted containers, shall be painted red with
to work in the preparation, cooking, some additional clearly visible identi-
serving, or other handling of food, food- fication either in the form of a yellow
stuffs, or materials used therein, in band around the can or the name of the
any kitchen or dining room operated in contents conspicuously stenciled or
connection with a camp or regularly painted on the can in yellow. Red
used by persons living in a camp. lights shall be provided at barricades
(j) Insect and rodent control. Effective and at temporary obstructions, as spec-
measures shall be taken to prevent in- ified in ANSI Safety Code for Building
festation by and harborage of animal Construction, A10.2–1944, which is in-
or insect vectors or pests. corporated by reference as specified in
(k) First aid. (1) Adequate first aid fa- § 1910.6. Danger signs shall be painted
cilities approved by a health authority red.
shall be maintained and made available (iii) Stop. Emergency stop bars on
in every labor camp for the emergency hazardous machines such as rubber
treatment of injured persons. mills, wire blocks, flat work ironers,
458
etc., shall be red. Stop buttons or elec- (ii) All employees shall be instructed
trical switches which letters or other that caution signs indicate a possible
markings appear, used for emergency hazard against which proper precaution
stopping of machinery shall be red. should be taken.
(2) [Reserved] (3) Safety instruction signs. Safety in-
(3) Yellow. Yellow shall be the basic struction signs shall be used where
color for designating caution and for there is a need for general instructions
marking physical hazards such as: and suggestions relative to safety
Striking against, stumbling, falling, measures.
tripping, and ‘‘caught in between.’’ (d) Sign design—(1) Design features. All
(b) [Reserved] signs shall be furnished with rounded
[39 FR 23502, June 27, 1974, as amended at 43 or blunt corners and shall be free from
FR 49748, Oct. 24, 1978; 49 FR 5322, Feb. 10, sharp edges, burrs, splinters, or other
1984; 61 FR 9239, Mar. 7, 1996] sharp projections. The ends or heads of
bolts or other fastening devices shall
§ 1910.145 Specifications for accident be located in such a way that they do
prevention signs and tags. not constitute a hazard.
(a) Scope. (1) These specifications (2) Danger signs. The colors red,
apply to the design, application, and black, and white shall be those of
use of signs or symbols (as included in opaque glossy samples as specified in
paragraphs (c) through (e) of this sec- Table 1 of Fundamental Specification
tion) intended to indicate and, insofar of Safety Colors for CIE Standard
as possible, to define specific hazards of Source ‘‘C’’, American National Stand-
a nature such that failure to designate ard Z53.1–1967, which is incorporated by
them may lead to accidental injury to reference as specified in § 1910.6.
workers or the public, or both, or to (3) [Reserved]
property damage. These specifications (4) Caution signs. Standard color of
are intended to cover all safety signs the background shall be yellow; and
except those designed for streets, high- the panel, black with yellow letters.
ways, railroads, and marine regula- Any letters used against the yellow
tions. These specifications do not apply background shall be black. The colors
to plant bulletin boards or to safety shall be those of opaque glossy samples
posters. as specified in Table 1 of American Na-
(2) All new signs and replacements of tional Standard Z53.1–1967.
old signs shall be in accordance with (5) [Reserved]
these specifications. (6) Safety instruction signs. Standard
(b) Definitions. As used in this sec- color of the background shall be white;
tion, the word sign refers to a surface and the panel, green with white letters.
on prepared for the warning of, or safe- Any letters used against the white
ty instructions of, industrial workers background shall be black. The colors
or members of the public who may be shall be those of opaque glossy samples
exposed to hazards. Excluded from this as specified in Table 1 of American Na-
definition, however, are news releases, tional Standard, Z53.1–1967.
displays commonly known as safety (7)–(9) [Reserved]
posters, and bulletins used for em- (10) Slow-moving vehicle emblem. This
ployee education. emblem (see fig. J–7) consists of a fluo-
(c) Classification of signs according to rescent yellow-orange triangle with a
use—(1) Danger signs. (i) There shall be dark red reflective border. The yellow-
no variation in the type of design of orange fluorescent triangle is a highly
signs posted to warn of specific dangers visible color for daylight exposure. The
and radiation hazards. reflective border defines the shape of
(ii) All employees shall be instructed the fluorescent color in daylight and
that danger signs indicate immediate creates a hollow red triangle in the
danger and that special precautions are path of motor vehicle headlights at
necessary. night. The emblem is intended as a
(2) Caution signs. (i) Caution signs unique identification for, and it shall
shall be used only to warn against po- be used only on, vehicles which by de-
tential hazards or to caution against sign move slowly (25 m.p.h. or less) on
unsafe practices. the public roads. The emblem is not a
459
clearance marker for wide machinery (f) Accident prevention tags—(1) Scope
nor is it intended to replace required and application. (i) This paragraph (f)
lighting or marking of slow-moving ve- applies to all accident prevention tags
hicles. Neither the color film pattern used to identify hazardous conditions
and its dimensions nor the backing and provide a message to employees
shall be altered to permit use of adver- with respect to hazardous conditions as
tising or other markings. The material, set forth in paragraph (f)(3) of this sec-
location, mounting, etc., of the em- tion, or to meet the specific tagging re-
blem shall be in accordance with the quirements of other OSHA standards.
American Society of Agricultural En- (ii) This paragraph (f) does not apply
gineers Emblem for Identifying Slow- to construction, maritime or agri-
Moving Vehicles, ASAE R276, 1967, or culture.
ASAE S276.2 (ANSI B114.1–1971), which (2) Definitions. Biological hazard or
are incorporated by reference as speci- BIOHAZARD means those infectious
fied in § 1910.6. agents presenting a risk of death, in-
jury or illness to employees.
Major message means that portion of
a tag’s inscription that is more specific
than the signal word and that indicates
the specific hazardous condition or the
instruction to be communicated to the
employee. Examples include: ‘‘High
Voltage,’’ ‘‘Close Clearance,’’ ‘‘Do Not
Start,’’ or ‘‘Do Not Use’’ or a cor-
responding pictograph used with a
written text or alone.
Pictograph means a pictorial rep-
resentation used to identify a haz-
ardous condition or to convey a safety
instruction.
Signal word means that portion of a
tag’s inscription that contains the
word or words that are intended to cap-
FIGURE J–7—SLOW-MOVING VEHICLE EMBLEM ture the employee’s immediate atten-
NOTE: All dimensions are in inches. tion.
(e) Sign wordings. Tag means a device usually made of
(1) [Reserved] card, paper, pasteboard, plastic or
(2) Nature of wording. The wording of other material used to identify a haz-
any sign should be easily read and con- ardous condition.
cise. The sign should contain sufficient (3) Use. Tags shall be used as a means
information to be easily understood. to prevent accidental injury or illness
The wording should make a positive, to employees who are exposed to haz-
rather than negative suggestion and ardous or potentially hazardous condi-
should be accurate in fact. tions, equipment or operations which
(3) [Reserved] are out of the ordinary, unexpected or
(4) Biological hazard signs. The bio- not readily apparent. Tags shall be
logical hazard warning shall be used to used until such time as the identified
signify the actual or potential presence hazard is eliminated or the hazardous
of a biohazard and to identify equip- operation is completed. Tags need not
ment, containers, rooms, materials, ex- be used where signs, guarding or other
perimental animals, or combinations positive means of protection are being
thereof, which contain, or are contami- used.
nated with, viable hazardous agents. (4) General tag criteria. All required
For the purpose of this subparagraph tags shall meet the following criteria:
the term ‘‘biological hazard,’’ or ‘‘bio- (i) Tags shall contain a signal word
hazard,’’ shall include only those infec- and a major message.
tious agents presenting a risk or poten- (A) The signal word shall be either
tial risk to the well-being of man. ‘‘Danger,’’ ‘‘Caution,’’ or ‘‘Biological
460
EC27OC91.028
Hazard,’’ ‘‘BIOHAZARD,’’ or the bio-

logical hazard symbol.
(B) The major message shall indicate
the specific hazardous condition or the
instruction to be communicated to the
employee.
(ii) The signal word shall be readable
at a minimum distance of five feet (1.52
m) or such greater distance as war-
ranted by the hazard.
(iii) The tag’s major message shall be
presented in either pictographs, writ-
ten text or both.
(iv) The signal word and the major
message shall be understandable to all
employees who may be exposed to the
identified hazard.
(v) All employees shall be informed
as to the meaning of the various tags
used throughout the workplace and
what special precautions are necessary.
(vi) Tags shall be affixed as close as
safely possible to their respective haz-
ards by a positive means such as BIOLOGICAL HAZARD SYMBOL CONFIGURATION
string, wire, or adhesive that prevents (9) Other tags. Other tags may be used
their loss or unintentional removal. in addition to those required by this
(5) Danger tags. Danger tags shall be paragraph (f), or in other situations
used in major hazard situations where where this paragraph (f) does not re-
an immediate hazard presents a threat quire tags, provided that they do not
of death or serious injury to employ- detract from the impact or visibility of
ees. Danger tags shall be used only in the signal word and major message of
these situations. any required tag.
(6) Caution tags. Caution tags shall be
APPENDIXES TO § 1910.145(f), ACCIDENT
used in minor hazard situations where
PREVENTION TAGS
a non-immediate or potential hazard or
unsafe practice presents a lesser threat APPENDIX A TO § 1910.145(f)—RECOMMENDED
of employee injury. Caution tags shall COLOR CODING
be used only in these situations. While the standard does not specifically
(7) Warning tags. Warning tags may mandate colors to be used on accident pre-
be used to represent a hazard level be- vention tags, the following color scheme is
tween ‘‘Caution’’ and ‘‘Danger,’’ in- recommended by OSHA for meeting the re-
stead of the required ‘‘Caution’’ tag, quirements of this section:
provided that they have a signal word ‘‘DANGER’’—Red, or predominantly red,
with lettering or symbols in a contrasting
of ‘‘Warning,’’ an appropriate major
color.
message, and otherwise meet the gen- ‘‘CAUTION’’—Yellow, or predominantly
eral tag criteria of paragraph (f)(4) of yellow, with lettering or symbols in a con-
this section. trasting color.
(8) Biological hazard tags. (i) Biologi- ‘‘WARNING’’—Orange, or predominantly
cal hazard tags shall be used to iden- orange, with lettering or symbols in a con-
tify the actual or potential presence of trasting color.
a biological hazard and to identify ‘‘BIOLOGICAL HAZARD’’—Fluorescent or-
ange or orange-red, or predominantly so,
equipment, containers, rooms, experi-
with lettering or symbols in a contrasting
mental animals, or combinations color.
thereof, that contain or are contami-
nated with hazardous biological agents. APPENDIX B TO § 1910.145(f)—REFERENCES FOR
(ii) The symbol design for biological FURTHER INFORMATION
hazard tags shall conform to the design The following references provide informa-
shown below: tion which can be helpful in understanding
461
EC27OC91.086
the requirements contained in various sec- quired confined space entry can safely
tions of the standard: enter into and work within the space.
1. Bresnahan, Thomas F., and Bryk, Jo- Attendant means an individual sta-
seph, ‘‘The Hazard Association Values of Ac- tioned outside one or more permit
cident Prevention Signs’’, Journal of Amer-
spaces who monitors the authorized en-
ican Society of Safety Engineers; January 1975.
2. Dreyfuss, H., Symbol Sourcebook, McGraw
trants and who performs all attend-
Hill; New York, NY, 1972. ant’s duties assigned in the employer’s
3. Glass, R.A. and others, Some Criteria for permit space program.
Colors and Signs in Workplaces, National Bu- Authorized entrant means an em-
reau of Standards, Washington DC, 1983. ployee who is authorized by the em-
4. Graphic Symbols for Public Areas and Oc- ployer to enter a permit space.
cupational Environments, Treasury Board of Blanking or blinding means the abso-
Canada, Ottawa, Canada, July 1980.
5. Howett, G.L., Size of Letters Required for
lute closure of a pipe, line, or duct by
Visibility as a Function of Viewing Distance the fastening of a solid plate (such as a
and Observer Acuity, National Bureau of spectacle blind or a skillet blind) that
Standards, Washington DC, July 1983. completely covers the bore and that is
6. Lerner, N.D. and Collins, B.L., The As- capable of withstanding the maximum
sessment of Safety Symbol Understandability by pressure of the pipe, line, or duct with
Different Testing Methods, National Bureau of no leakage beyond the plate.
Standards, Washington DC, 1980.
Confined space means a space that:
7. Lerner, N.D. and Collins, B.L., Workplace
Safety Symbols, National Bureau of Stand- (1) Is large enough and so configured
ards, Washington DC, 1980. that an employee can bodily enter and
8. Modley, R. and Meyers, W.R., Handbook perform assigned work; and
of Pictorial Symbols, Dover Publication, New (2) Has limited or restricted means
York, NY, 1976. for entry or exit (for example, tanks,
9. Product Safety Signs and Labels, FMC Cor- vessels, silos, storage bins, hoppers,
poration, Santa Clara, CA, 1978.
vaults, and pits are spaces that may
10. Safety Color Coding for Marking Physical
Hazards, Z53.1, American National Standards have limited means of entry.); and
Institute, New York, NY, 1979. (3) Is not designed for continuous em-
11. Signs and Symbols for the Occupational ployee occupancy.
Environment, Can. 3–Z–321–77, Canadian Double block and bleed means the clo-
Standards Association, Ottawa, September sure of a line, duct, or pipe by closing
1977. and locking or tagging two in-line
12. Symbols for Industrial Safety, National
valves and by opening and locking or
Bureau of Standards, Washington DC, April
1982. tagging a drain or vent valve in the
13. Symbol Signs, U.S. Department of Trans- line between the two closed valves.
portation, Washington DC, November 1974. Emergency means any occurrence (in-
cluding any failure of hazard control or
FR 49749, Oct. 24, 1978; 43 FR 51759, Nov. 7, monitoring equipment) or event inter-
1978; 49 FR 5322, Feb. 10, 1984; 51 FR 33260, nal or external to the permit space
Sept. 19, 1986; 61 FR 9239, Mar. 7, 1996] that could endanger entrants.
Engulfment means the surrounding
§ 1910.146 Permit-required confined and effective capture of a person by a
spaces. liquid or finely divided (flowable) solid
(a) Scope and application. This section substance that can be aspirated to
contains requirements for practices cause death by filling or plugging the
and procedures to protect employees in respiratory system or that can exert
general industry from the hazards of enough force on the body to cause
entry into permit-required confined death by strangulation, constriction,
spaces. This section does not apply to or crushing.
agriculture, to construction, or to ship- Entry means the action by which a
yard employment (Parts 1928, 1926, and person passes through an opening into
1915 of this chapter, respectively). a permit-required confined space.
(b) Definitions. Entry includes ensuing work activities
Acceptable entry conditions means the in that space and is considered to have
conditions that must exist in a permit occurred as soon as any part of the en-
space to allow entry and to ensure that trant’s body breaks the plane of an
employees involved with a permit-reopening into the space.
462
Entry permit (permit) means the writ- NOTE: For air contaminants for which
ten or printed document that is pro- OSHA has not determined a dose or permis-
vided by the employer to allow and sible exposure limit, other sources of infor-
control entry into a permit space and mation, such as Material Safety Data Sheets
that comply with the Hazard Communica-
that contains the information specified tion Standard, § 1910.1200 of this part, pub-
in paragraph (f) of this section. lished information, and internal documents
Entry supervisor means the person can provide guidance in establishing accept-
(such as the employer, foreman, or able atmospheric conditions.
crew chief) responsible for determining
if acceptable entry conditions are Hot work permit means the employer’s
present at a permit space where entry written authorization to perform oper-
is planned, for authorizing entry and ations (for example, riveting, welding,
overseeing entry operations, and for cutting, burning, and heating) capable
terminating entry as required by this of providing a source of ignition.
section. Immediately dangerous to life or health
NOTE: An entry supervisor also may serve (IDLH) means any condition that poses
as an attendant or as an authorized entrant, an immediate or delayed threat to life
as long as that person is trained and or that would cause irreversible ad-
equipped as required by this section for each verse health effects or that would
role he or she fills. Also, the duties of entry
interfere with an individual’s ability to
supervisor may be passed from one indi-
vidual to another during the course of an escape unaided from a permit space.
entry operation. NOTE: Some materials—hydrogen fluoride
Hazardous atmosphere means an at- gas and cadmium vapor, for example—may
mosphere that may expose employees produce immediate transient effects that,
to the risk of death, incapacitation, even if severe, may pass without medical at-
impairment of ability to self-rescue tention, but are followed by sudden, possibly
(that is, escape unaided from a permit fatal collapse 12–72 hours after exposure. The
space), injury, or acute illness from one victim ‘‘feels normal’’ from recovery from
transient effects until collapse. Such mate-
or more of the following causes:
rials in hazardous quantities are considered
(1) Flammable gas, vapor, or mist in to be ‘‘immediately’’ dangerous to life or
excess of 10 percent of its lower flam- health.
mable limit (LFL);
(2) Airborne combustible dust at a Inerting means the displacement of
concentration that meets or exceeds its the atmosphere in a permit space by a
LFL; noncombustible gas (such as nitrogen)
NOTE: This concentration may be approxi- to such an extent that the resulting at-
mated as a condition in which the dust ob- mosphere is noncombustible.
scures vision at a distance of 5 feet (1.52 m)
or less. NOTE: This procedure produces an IDLH ox-
(3) Atmospheric oxygen concentra- ygen-deficient atmosphere.
tion below 19.5 percent or above 23.5 Isolation means the process by which
percent; a permit space is removed from service
(4) Atmospheric concentration of any and completely protected against the
substance for which a dose or a permis- release of energy and material into the
sible exposure limit is published in space by such means as: blanking or
Subpart G, Occupational Health and En- blinding; misaligning or removing sec-
vironmental Control, or in Subpart Z, tions of lines, pipes, or ducts; a double
Toxic and Hazardous Substances, of this block and bleed system; lockout or
part and which could result in em- tagout of all sources of energy; or
ployee exposure in excess of its dose or blocking or disconnecting all mechan-
permissible exposure limit; ical linkages.
NOTE: An atmospheric concentration of Line breaking means the intentional
any substance that is not capable of causing
opening of a pipe, line, or duct that is
death, incapacitation, impairment of ability
to self-rescue, injury, or acute illness due to or has been carrying flammable, corro-
its health effects is not covered by this pro- sive, or toxic material, an inert gas, or
vision. any fluid at a volume, pressure, or tem-
(5) Any other atmospheric condition perature capable of causing injury.
that is immediately dangerous to life Non-permit confined space means a
or health. confined space that does not contain
463
or, with respect to atmospheric haz- measures for the protection of authorized en-
ards, have the potential to contain any trants and to determine if acceptable entry
hazard capable of causing death or seri- conditions are present immediately prior to,
ous physical harm. and during, entry.
Oxygen deficient atmosphere means an (c) General requirements. (1) The em-
atmosphere containing less than 19.5 ployer shall evaluate the workplace to
percent oxygen by volume. determine if any spaces are permit- re-
Oxygen enriched atmosphere means an quired confined spaces.
atmosphere containing more than 23.5
percent oxygen by volume. NOTE: Proper application of the decision
Permit-required confined space (permit flow chart in appendix A to § 1910.146 would
space) means a confined space that has facilitate compliance with this requirement.
one or more of the following character- (2) If the workplace contains permit
istics: spaces, the employer shall inform ex-
(1) Contains or has a potential to posed employees, by posting danger
contain a hazardous atmosphere; signs or by any other equally effective
(2) Contains a material that has the means, of the existence and location of
potential for engulfing an entrant; and the danger posed by the permit
(3) Has an internal configuration spaces.
such that an entrant could be trapped
or asphyxiated by inwardly converging NOTE: A sign reading ‘‘DANGER—PERMIT-
walls or by a floor which slopes down- REQUIRED CONFINED SPACE, DO NOT
ward and tapers to a smaller cross- sec- ENTER’’ or using other similar language
tion; or would satisfy the requirement for a sign.
(4) Contains any other recognized se- (3) If the employer decides that its
rious safety or health hazard. employees will not enter permit
Permit-required confined space program spaces, the employer shall take effec-
(permit space program) means the em- tive measures to prevent its employees
ployer’s overall program for control- from entering the permit spaces and
ling, and, where appropriate, for pro- shall comply with paragraphs (c)(1),
tecting employees from, permit space (c)(2), (c)(6), and (c)(8) of this section.
hazards and for regulating employee
(4) If the employer decides that its
entry into permit spaces.
employees will enter permit spaces, the
Permit system means the employer’s
employer shall develop and implement
written procedure for preparing and
issuing permits for entry and for re- a written permit space program that
turning the permit space to service fol- complies with this section. The written
lowing termination of entry. program shall be available for inspec-
Prohibited condition means any condition by employees and their authorized
tion in a permit space that is not al- representatives.
lowed by the permit during the period (5) An employer may use the alter-
when entry is authorized. nate procedures specified in paragraph
Rescue service means the personnel (c)(5)(ii) of this section for entering a
designated to rescue employees from permit space under the conditions set
permit spaces. forth in paragraph (c)(5)(i) of this sec-
Retrieval system means the equipment tion.
(including a retrieval line, chest or (i) An employer whose employees
full-body harness, wristlets, if appro- enter a permit space need not comply
priate, and a lifting device or anchor) with paragraphs (d) through (f) and (h)
used for non-entry rescue of persons through (k) of this section, provided
from permit spaces. that:
Testing means the process by which (A) The employer can demonstrate
the hazards that may confront entrants that the only hazard posed by the per-
of a permit space are identified and mit space is an actual or potential haz-
evaluated. Testing includes specifying ardous atmosphere;
the tests that are to be performed in (B) The employer can demonstrate
the permit space. that continuous forced air ventilation
NOTE: Testing enables employers both to alone is sufficient to maintain that
devise and implement adequate control permit space safe for entry;
464
(C) The employer develops moni- (E) Continuous forced air ventilation
toring and inspection data that sup- shall be used, as follows:
ports the demonstrations required by (1) An employee may not enter the
paragraphs (c)(5)(i)(A) and (c)(5)(i)(B) of space until the forced air ventilation
this section; has eliminated any hazardous atmos-
(D) If an initial entry of the permit phere;
space is necessary to obtain the data (2) The forced air ventilation shall be
required by paragraph (c)(5)(i)(C) of so directed as to ventilate the imme-
this section, the entry is performed in diate areas where an employee is or
compliance with paragraphs (d) will be present within the space and
through (k) of this section; shall continue until all employees have
(E) The determinations and sup- left the space;
porting data required by paragraphs (3) The air supply for the forced air
(c)(5)(i)(A), (c)(5)(i)(B), and (c)(5)(i)(C) ventilation shall be from a clean
of this section are documented by the source and may not increase the haz-
employer and are made available to ards in the space.
each employee who enters the permit (F) The atmosphere within the space
space under the terms of paragraph shall be periodically tested as nec-
(c)(5) of this section or to that employ- essary to ensure that the continuous
ee’s authorized representative; and forced air ventilation is preventing the
(F) Entry into the permit space accumulation of a hazardous atmos-
under the terms of paragraph (c)(5)(i) phere. Any employee who enters the
of this section is performed in accord- space, or that employee’s authorized
ance with the requirements of para- representative, shall be provided with
graph (c)(5)(ii) of this section. an opportunity to observe the periodic
NOTE: See paragraph (c)(7) of this section testing required by this paragraph.
for reclassification of a permit space after (G) If a hazardous atmosphere is de-
all hazards within the space have been elimi- tected during entry:
nated. (1) Each employee shall leave the
(ii) The following requirements apply space immediately;
to entry into permit spaces that meet (2) The space shall be evaluated to
the conditions set forth in paragraph determine how the hazardous atmos-
(c)(5)(i) of this section. phere developed; and
(A) Any conditions making it unsafe (3) Measures shall be implemented to
to remove an entrance cover shall be protect employees from the hazardous
eliminated before the cover is removed. atmosphere before any subsequent
(B) When entrance covers are re- entry takes place.
moved, the opening shall be promptly (H) The employer shall verify that
guarded by a railing, temporary cover, the space is safe for entry and that the
or other temporary barrier that will pre-entry measures required by para-
prevent an accidental fall through the graph (c)(5)(ii) of this section have been
opening and that will protect each em- taken, through a written certification
ployee working in the space from for- that contains the date, the location of
eign objects entering the space. the space, and the signature of the per-
(C) Before an employee enters the son providing the certification. The
space, the internal atmosphere shall be certification shall be made before
tested, with a calibrated direct-reading entry and shall be made available to
instrument, for oxygen content, for each employee entering the space or to
flammable gases and vapors, and for that employee’s authorized representa-
potential toxic air contaminants, in tive .
that order. Any employee who enters (6) When there are changes in the use
the space, or that employee’s author- or configuration of a non-permit con-
ized representative, shall be provided fined space that might increase the
an opportunity to observe the pre- hazards to entrants, the employer shall
entry testing required by this para- reevaluate that space and, if necessary,
graph. reclassify it as a permit-required con-
(D) There may be no hazardous at- fined space.
mosphere within the space whenever (7) A space classified by the employer
any employee is inside the space. as a permit-required confined space
465
may be reclassified as a non-permit space program meeting the require-

confined space under the following pro- ments of this section;
cedures: (ii) Apprise the contractor of the ele-
(i) If the permit space poses no actual ments, including the hazards identified
or potential atmospheric hazards and if and the host employer’s experience
all hazards within the space are elimi- with the space, that make the space in
nated without entry into the space, the question a permit space;
permit space may be reclassified as a (iii) Apprise the contractor of any
non-permit confined space for as long precautions or procedures that the host
as the non-atmospheric hazards remain employer has implemented for the pro-
eliminated. tection of employees in or near permit
(ii) If it is necessary to enter the per- spaces where contractor personnel will
mit space to eliminate hazards, such be working;
entry shall be performed under para- (iv) Coordinate entry operations with
graphs (d) through (k) of this section.
the contractor, when both host em-
If testing and inspection during that
ployer personnel and contractor per-
entry demonstrate that the hazards
sonnel will be working in or near per-
within the permit space have been
eliminated, the permit space may be mit spaces, as required by paragraph
reclassified as a non-permit confined (d)(11) of this section; and
space for as long as the hazards remain (v) Debrief the contractor at the con-
eliminated. clusion of the entry operations regard-
ing the permit space program followed
NOTE: Control of atmospheric hazards and regarding any hazards confronted
through forced air ventilation does not con-
or created in permit spaces during
stitute elimination of the hazards. Para-
graph (c)(5) covers permit space entry where entry operations.
the employer can demonstrate that forced (9) In addition to complying with the
air ventilation alone will control all hazards permit space requirements that apply
in the space. to all employers, each contractor who
(iii) The employer shall document is retained to perform permit space
the basis for determining that all haz- entry operations shall:
ards in a permit space have been elimi- (i) Obtain any available information
nated, through a certification that con- regarding permit space hazards and
tains the date, the location of the entry operations from the host em-
space, and the signature of the person ployer;
making the determination. The certifi- (ii) Coordinate entry operations with
cation shall be made available to each the host employer, when both host em-
employee entering the space or to that ployer personnel and contractor per-
employee’s authorized representative. sonnel will be working in or near per-
(iv) If hazards arise within a permit mit spaces, as required by paragraph
space that has been declassified to a (d)(11) of this section; and
non-permit space under paragraph (iii) Inform the host employer of the
(c)(7) of this section, each employee in permit space program that the con-
the space shall exit the space. The em- tractor will follow and of any hazards
ployer shall then reevaluate the space
confronted or created in permit spaces,
and determine whether it must be re-
either through a debriefing or during
classified as a permit space, in accord-
the entry operation.
ance with other applicable provisions
of this section. (d) Permit-required confined space pro-
(8) When an employer (host em- gram (permit space program). Under
ployer) arranges to have employees of the permit space program required by
another employer (contractor) perform paragraph (c)(4) of this section, the em-
work that involves permit space entry, ployer shall:
the host employer shall: (1) Implement the measures nec-
(i) Inform the contractor that the essary to prevent unauthorized entry;
workplace contains permit spaces and (2) Identify and evaluate the hazards
that permit space entry is allowed only of permit spaces before employees
through compliance with a permit enter them;
466
(3) Develop and implement the (ix) Any other equipment necessary
means, procedures, and practices nec- for safe entry into and rescue from per-
essary for safe permit space entry oper- mit spaces.
ations, including, but not limited to, (5) Evaluate permit space conditions
the following: as follows when entry operations are
(i) Specifying acceptable entry condi- conducted:
tions; (i) Test conditions in the permit
(ii) Providing each authorized en- space to determine if acceptable entry
trant or that employee’s authorized conditions exist before entry is author-
representative with the opportunity to ized to begin, except that, if isolation
observe any monitoring or testing of of the space is infeasible because the
permit spaces; space is large or is part of a continuous
(iii) Isolating the permit space; system (such as a sewer), pre-entry
(iv) Purging, inerting, flushing, or testing shall be performed to the ex-
ventilating the permit space as nec- tent feasible before entry is authorized
essary to eliminate or control atmos- and, if entry is authorized, entry condi-
pheric hazards; tions shall be continuously monitored
(v) Providing pedestrian, vehicle, or in the areas where authorized entrants
other barriers as necessary to protect are working;
entrants from external hazards; and (ii) Test or monitor the permit space
(vi) Verifying that conditions in the as necessary to determine if acceptable
permit space are acceptable for entry entry conditions are being maintained
throughout the duration of an author- during the course of entry operations;
and
ized entry.
(iii) When testing for atmospheric
(4) Provide the following equipment
hazards, test first for oxygen, then for
(specified in paragraphs (d)(4)(i)
combustible gases and vapors, and then
through (d)(4)(ix) of this section) at no
for toxic gases and vapors.
cost to employees, maintain that
equipment properly, and ensure that (iv) Provide each authorized entrant
or that employee’s authorized rep-
employees use that equipment prop-
resentative an opportunity to observe
erly:
the pre-entry and any subsequent test-
(i) Testing and monitoring equipment
ing or monitoring of permit spaces;
needed to comply with paragraph (d)(5)
(v) Reevaluate the permit space in
of this section;
the presence of any authorized entrant
(ii) Ventilating equipment needed to or that employee’s authorized rep-
obtain acceptable entry conditions; resentative who requests that the em-
(iii) Communications equipment nec- ployer conduct such reevaluation be-
essary for compliance with paragraphs cause the entrant or representative has
(h)(3) and (i)(5) of this section; reason to believe that the evaluation of
(iv) Personal protective equipment that space may not have been ade-
insofar as feasible engineering and quate;
work practice controls do not ade- (vi) Immediately provide each au-
quately protect employees; thorized entrant or that employee’s au-
(v) Lighting equipment needed to en- thorized representative with the re-
able employees to see well enough to sults of any testing conducted in ac-
work safely and to exit the space cord with paragraph (d) of this section.
quickly in an emergency;
(vi) Barriers and shields as required NOTE: Atmospheric testing conducted in
accordance with appendix B to § 1910.146
by paragraph (d)(3)(iv) of this section; would be considered as satisfying the re-
(vii) Equipment, such as ladders, quirements of this paragraph. For permit
needed for safe ingress and egress by space operations in sewers, atmospheric test-
authorized entrants; ing conducted in accordance with appendix
(viii) Rescue and emergency equip- B, as supplemented by appendix E to
ment needed to comply with paragraph § 1910.146, would be considered as satisfying
the requirements of this paragraph.
(d)(9) of this section, except to the ex-
tent that the equipment is provided by (6) Provide at least one attendant
rescue services; and outside the permit space into which
467
entry is authorized for the duration of space program may not protect em-
entry operations; ployees and revise the program to cor-
rect deficiencies found to exist before
NOTE: Attendants may be assigned to mon-
itor more than one permit space provided the subsequent entries are authorized; and
duties described in paragraph (i) of this sec- NOTE: Examples of circumstances requiring
tion can be effectively performed for each the review of the permit space program are:
permit space that is monitored. Likewise, at- any unauthorized entry of a permit space,
tendants may be stationed at any location the detection of a permit space hazard not
outside the permit space to be monitored as covered by the permit, the detection of a
long as the duties described in paragraph (i) condition prohibited by the permit, the oc-
of this section can be effectively performed currence of an injury or near-miss during
for each permit space that is monitored. entry, a change in the use or configuration
(7) If multiple spaces are to be mon- of a permit space, and employee complaints
itored by a single attendant, include in about the effectiveness of the program.
the permit program the means and pro- (14) Review the permit space pro-
cedures to enable the attendant to re- gram, using the canceled permits re-
spond to an emergency affecting one or tained under paragraph (e)(6) of this
more of the permit spaces being mon- section within 1 year after each entry
itored without distraction from the at- and revise the program as necessary, to
tendant’s responsibilities under para- ensure that employees participating in
graph (i) of this section; entry operations are protected from
(8) Designate the persons who are to permit space hazards.
have active roles (as, for example, au-
thorized entrants, attendants, entry NOTE: Employers may perform a single an-
supervisors, or persons who test or nual review covering all entries performed
during a 12-month period. If no entry is per-
monitor the atmosphere in a permit formed during a 12-month period, no review
space) in entry operations, identify the is necessary.
duties of each such employee, and pro-
vide each such employee with the Appendix C to § 1910.146 presents exam-
training required by paragraph (g) of ples of permit space programs that are
this section; considered to comply with the require-
(9) Develop and implement proce- ments of paragraph (d) of this section.
dures for summoning rescue and emer- (e) Permit system. (1) Before entry is
gency services, for rescuing entrants authorized, the employer shall docu-
from permit spaces, for providing nec- ment the completion of measures re-
essary emergency services to rescued quired by paragraph (d)(3) of this sec-
employees, and for preventing unau- tion by preparing an entry permit.
thorized personnel from attempting a
rescue; NOTE: Appendix D to § 1910.146 presents ex-
amples of permits whose elements are con-
(10) Develop and implement a system sidered to comply with the requirements of
for the preparation, issuance, use, and this section.
cancellation of entry permits as re-
quired by this section; (2) Before entry begins, the entry su-
(11) Develop and implement proce- pervisor identified on the permit shall
dures to coordinate entry operations sign the entry permit to authorize
when employees of more than one em- entry.
ployer are working simultaneously as (3) The completed permit shall be
authorized entrants in a permit space, made available at the time of entry to
so that employees of one employer do all authorized entrants or their author-
not endanger the employees of any ized representatives, by posting it at
other employer; the entry portal or by any other equal-
(12) Develop and implement proce- ly effective means, so that the entrants
dures (such as closing off a permit can confirm that pre-entry prepara-
space and canceling the permit) nections have been completed.
essary for concluding the entry after (4) The duration of the permit may
entry operations have been completed; not exceed the time required to com-
(13) Review entry operations when plete the assigned task or job identi-
the employer has reason to believe that fied on the permit in accordance with
the measures taken under the permit paragraph (f)(2) of this section.
468
(5) The entry supervisor shall termi- (10) The results of initial and periodic
nate entry and cancel the entry permit tests performed under paragraph (d)(5)
when: of this section, accompanied by the
(i) The entry operations covered by names or initials of the testers and by
the entry permit have been completed; an indication of when the tests were
or performed;
(ii) A condition that is not allowed (11) The rescue and emergency serv-
under the entry permit arises in or ices that can be summoned and the
near the permit space. means (such as the equipment to use
(6) The employer shall retain each and the numbers to call) for sum-
canceled entry permit for at least 1 moning those services;
year to facilitate the review of the per- (12) The communication procedures
mit-required confined space program used by authorized entrants and at-
required by paragraph (d)(14) of this tendants to maintain contact during
section. Any problems encountered the entry;
during an entry operation shall be (13) Equipment, such as personal pro-
noted on the pertinent permit so that tective equipment, testing equipment,
appropriate revisions to the permit communications equipment, alarm sys-
space program can be made. tems, and rescue equipment, to be pro-
(f) Entry permit. The entry permit vided for compliance with this section;
that documents compliance with this (14) Any other information whose in-
section and authorizes entry to a per- clusion is necessary, given the cir-
mit space shall identify: cumstances of the particular confined
(1) The permit space to be entered; space, in order to ensure employee
(2) The purpose of the entry; safety; and
(3) The date and the authorized dura- (15) Any additional permits, such as
tion of the entry permit; for hot work, that have been issued to
(4) The authorized entrants within authorize work in the permit space.
the permit space, by name or by such (g) Training. (1) The employer shall
other means (for example, through the provide training so that all employees
use of rosters or tracking systems) as whose work is regulated by this section
will enable the attendant to determine acquire the understanding, knowledge,
quickly and accurately, for the dura- and skills necessary for the safe per-
tion of the permit, which authorized formance of the duties assigned under
entrants are inside the permit space; this section.
NOTE: This requirement may be met by in-
(2) Training shall be provided to each
serting a reference on the entry permit as to affected employee:
the means used, such as a roster or tracking (i) Before the employee is first as-
system, to keep track of the authorized en- signed duties under this section;
trants within the permit space. (ii) Before there is a change in as-
(5) The personnel, by name, currently signed duties;
serving as attendants; (iii) Whenever there is a change in
(6) The individual, by name, cur- permit space operations that presents a
rently serving as entry supervisor, hazard about which an employee has
with a space for the signature or ini- not previously been trained;
tials of the entry supervisor who origi- (iv) Whenever the employer has rea-
nally authorized entry; son to believe either that there are de-
(7) The hazards of the permit space to viations from the permit space entry
be entered; procedures required by paragraph (d)(3)
(8) The measures used to isolate the of this section or that there are inad-
permit space and to eliminate or con- equacies in the employee’s knowledge
trol permit space hazards before entry; or use of these procedures.
(3) The training shall establish em-
NOTE: Those measures can include the ployee proficiency in the duties re-
lockout or tagging of equipment and proce- quired by this section and shall intro-
dures for purging, inerting, ventilating, and
duce new or revised procedures, as nec-
flushing permit spaces.
essary, for compliance with this sec-
(9) The acceptable entry conditions; tion.
469
(4) The employer shall certify that (4) Remains outside the permit space
the training required by paragraphs during entry operations until relieved
(g)(1) through (g)(3) of this section has by another attendant;
been accomplished. The certification NOTE: When the employer’s permit entry
shall contain each employee’s name, program allows attendant entry for rescue,
the signatures or initials of the train- attendants may enter a permit space to at-
ers, and the dates of training. The cer- tempt a rescue if they have been trained and
tification shall be available for inspec- equipped for rescue operations as required by
tion by employees and their authorized paragraph (k)(1) of this section and if they
representatives. have been relieved as required by paragraph
(h) Duties of authorized entrants. The (i)(4) of this section.
employer shall ensure that all author- (5) Communicates with authorized
ized entrants: entrants as necessary to monitor en-
(1) Know the hazards that may be trant status and to alert entrants of
faced during entry, including informa- the need to evacuate the space under
tion on the mode, signs or symptoms, paragraph (i)(6) of this section;
and consequences of the exposure; (6) Monitors activities inside and out-
(2) Properly use equipment as re- side the space to determine if it is safe
quired by paragraph (d)(4) of this sec- for entrants to remain in the space and
tion; orders the authorized entrants to evac-
(3) Communicate with the attendant uate the permit space immediately
as necessary to enable the attendant to under any of the following conditions;
monitor entrant status and to enable (i) If the attendant detects a prohib-
the attendant to alert entrants of the ited condition;
need to evacuate the space as required (ii) If the attendant detects the be-
by paragraph (i)(6) of this section; havioral effects of hazard exposure in
(4) Alert the attendant whenever: an authorized entrant;
(i) The entrant recognizes any warn- (iii) If the attendant detects a situa-
ing sign or symptom of exposure to a tion outside the space that could en-
dangerous situation, or danger the authorized entrants; or
(ii) The entrant detects a prohibited (iv) If the attendant cannot effec-
condition; and tively and safely perform all the duties
(5) Exit from the permit space as required under paragraph (i) of this
quickly as possible whenever: section;
(i) An order to evacuate is given by (7) Summon rescue and other emer-
the attendant or the entry supervisor, gency services as soon as the attendant
(ii) The entrant recognizes any warn- determines that authorized entrants
ing sign or symptom of exposure to a may need assistance to escape from
dangerous situation, permit space hazards;
(iii) The entrant detects a prohibited (8) Takes the following actions when
condition, or unauthorized persons approach or enter
(iv) An evacuation alarm is acti- a permit space while entry is under-
vated. way:
(i) Duties of attendants. The employer (i) Warn the unauthorized persons
shall ensure that each attendant: that they must stay away from the per-
(1) Knows the hazards that may be mit space;
faced during entry, including informa- (ii) Advise the unauthorized persons
tion on the mode, signs or symptoms, that they must exit immediately if
and consequences of the exposure; they have entered the permit space;
(2) Is aware of possible behavioral ef- and
fects of hazard exposure in authorized (iii) Inform the authorized entrants
entrants; and the entry supervisor if unauthor-
(3) Continuously maintains an accu- ized persons have entered the permit
rate count of authorized entrants in space;
the permit space and ensures that the (9) Performs non-entry rescues as
means used to identify authorized en- specified by the employer’s rescue pro-
trants under paragraph (f)(4) of this cedure; and
section accurately identifies who is in (10) Performs no duties that might
the permit space; interfere with the attendant’s primary
470
duty to monitor and protect the au- ticular permit space or types of permit
thorized entrants. spaces identified;
(j) Duties of entry supervisors. The em- (iii) Select a rescue team or service
ployer shall ensure that each entry su- from those evaluated that:
pervisor: (A) Has the capability to reach the
(1) Knows the hazards that may be victim(s) within a time frame that is
faced during entry, including informa- appropriate for the permit space haz-
tion on the mode, signs or symptoms, ard(s) identified;
and consequences of the exposure; (B) Is equipped for and proficient in
(2) Verifies, by checking that the ap- performing the needed rescue services;
(iv) Inform each rescue team or serv-
propriate entries have been made on
ice of the hazards they may confront
the permit, that all tests specified by
when called on to perform rescue at the
the permit have been conducted and
site; and
that all procedures and equipment
(v) Provide the rescue team or serv-
specified by the permit are in place be-
ice selected with access to all permit
fore endorsing the permit and allowing
spaces from which rescue may be nec-
entry to begin;
essary so that the rescue service can
(3) Terminates the entry and cancels develop appropriate rescue plans and
the permit as required by paragraph practice rescue operations.
(e)(5) of this section;
(4) Verifies that rescue services are NOTE TO PARAGRAPH (k)(1): Non-mandatory
appendix F contains examples of criteria
available and that the means for sum-
which employers can use in evaluating pro-
moning them are operable; spective rescuers as required by paragraph
(5) Removes unauthorized individuals (k)(1) of this section.
who enter or who attempt to enter the
(2) An employer whose employees
permit space during entry operations;
have been designated to provide permit
and
space rescue and emergency services
(6) Determines, whenever responsi-
shall take the following measures:
bility for a permit space entry oper- (i) Provide affected employees with
ation is transferred and at intervals the personal protective equipment
dictated by the hazards and operations (PPE) needed to conduct permit space
performed within the space, that entry rescues safely and train affected em-
operations remain consistent with ployees so they are proficient in the
terms of the entry permit and that ac- use of that PPE, at no cost to those
ceptable entry conditions are main- employees;
tained. (ii) Train affected employees to per-
(k) Rescue and emergency services. (1) form assigned rescue duties. The em-
An employer who designates rescue and ployer must ensure that such employ-
emergency services, pursuant to para- ees successfully complete the training
graph (d)(9) of this section, shall: required to establish proficiency as an
(i) Evaluate a prospective rescuer’s authorized entrant, as provided by
ability to respond to a rescue summons paragraphs (g) and (h) of this section;
in a timely manner, considering the (iii) Train affected employees in
hazard(s) identified; basic first-aid and cardiopulmonary re-
NOTE TO PARAGRAPH (k)(1)(i): What will be suscitation (CPR). The employer shall
considered timely will vary according to the ensure that at least one member of the
specific hazards involved in each entry. For rescue team or service holding a cur-
example, § 1910.134, Respiratory Protection, rent certification in first aid and CPR
requires that employers provide a standby is available; and
person or persons capable of immediate ac- (iv) Ensure that affected employees
tion to rescue employee(s) wearing res- practice making permit space rescues
piratory protection while in work areas de-
at least once every 12 months, by
fined as IDLH atmospheres.
means of simulated rescue operations
(ii) Evaluate a prospective rescue in which they remove dummies, mani-
service’s ability, in terms of pro- kins, or actual persons from the actual
ficiency with rescue-related tasks and permit spaces or from representative
equipment, to function appropriately permit spaces. Representative permit
while rescuing entrants from the par- spaces shall, with respect to opening
471
size, configuration, and accessibility, aware that rescue is necessary. A me-

simulate the types of permit spaces chanical device shall be available to re-
from which rescue is to be performed. trieve personnel from vertical type per-
(3) To facilitate non-entry rescue, re- mit spaces more than 5 feet (1.52 m)
trieval systems or methods shall be deep.
used whenever an authorized entrant (4) If an injured entrant is exposed to
enters a permit space, unless the re- a substance for which a Material Safe-
trieval equipment would increase the ty Data Sheet (MSDS) or other similar
overall risk of entry or would not con- written information is required to be
tribute to the rescue of the entrant. kept at the worksite, that MSDS or
Retrieval systems shall meet the fol- written information shall be made
lowing requirements. available to the medical facility treat-
(i) Each authorized entrant shall use ing the exposed entrant.
a chest or full body harness, with a re- (l) Employee participation. (1) Employ-
trieval line attached at the center of ers shall consult with affected employ-
the entrant’s back near shoulder level, ees and their authorized representa-
above the entrant’s head, or at another tives on the development and imple-
point which the employer can establish mentation of all aspects of the permit
presents a profile small enough for the space program required by paragraph
successful removal of the entrant. (c) of this section.
Wristlets may be used in lieu of the (2) Employers shall make available
chest or full body harness if the em-
to affected employees and their author-
ployer can demonstrate that the use of
ized representatives all information re-
a chest or full body harness is infeasi-
quired to be developed by this section.
ble or creates a greater hazard and that
the use of wristlets is the safest and APPENDIXES TO § 1910.146—PERMIT-REQUIRED
most effective alternative. CONFINED SPACES
(ii) The other end of the retrieval line
NOTE: Appendixes A through F serve to
shall be attached to a mechanical de- provide information and non-mandatory
vice or fixed point outside the permit guidelines to assist employers and employees
space in such a manner that rescue can in complying with the appropriate require-
begin as soon as the rescuer becomes ments of this section.
472
APPENDIX A TO § 1910.146—PERMIT-REQUIRED CONFINED SPACE DECISION

FLOW CHART
APPENDIX B TO § 1910.146—PROCEDURES FOR of the permit space and verification that ac-
ATMOSPHERIC TESTING ceptable entry conditions for entry into that
space exist.
Atmospheric testing is required for two
distinct purposes: evaluation of the hazards
473
EC27OC91.029</GPH>
(1) Evaluation testing. The atmosphere of a specific monitoring programs will be devel-
confined space should be analyzed using oped.
equipment of sufficient sensitivity and speci- Presence of explosive/flammable gases. Equal to
ficity to identify and evaluate any hazardous or greater than 10% of the lower flammable
atmospheres that may exist or arise, so that limit (LFL).
appropriate permit entry procedures can be
Oxygen Deficiency. A concentration of oxygen
developed and acceptable entry conditions
in the atmosphere equal to or less than 19.5%
stipulated for that space. Evaluation and in-
by volume.
terpretation of these data, and development
of the entry procedure, should be done by, or A. Entry Without Permit/Attendant
reviewed by, a technically qualified profes- Certification. Confined spaces may be entered
sional (e.g., OSHA consultation service, or without the need for a written permit or at-
certified industrial hygienist, registered tendant provided that the space can be main-
safety engineer, certified safety professional, tained in a safe condition for entry by me-
certified marine chemist, etc.) based on eval- chanical ventilation alone, as provided in
uation of all serious hazards. § 1910.146(c)(5). All spaces shall be considered
(2) Verification testing. The atmosphere of a permit-required confined spaces until the
permit space which may contain a hazardous pre-entry procedures demonstrate otherwise.
atmosphere should be tested for residues of Any employee required or permitted to pre-
all contaminants identified by evaluation check or enter an enclosed/confined space
testing using permit specified equipment to shall have successfully completed, -as a min-
determine that residual concentrations at imum, the training as required by the fol-
the time of testing and entry are within the lowing sections of these procedures. A written
range of acceptable entry conditions. Results copy of operating and rescue procedures as re-
of testing (i.e., actual concentration, etc.) quired by these procedures shall be at the work
should be recorded on the permit in the site for the duration of the job. The Confined
space provided adjacent to the stipulated ac- Space Pre-Entry Check List must be com-
ceptable entry condition. pleted by the LEAD WORKER before entry
(3) Duration of testing. Measurement of val- into a confined space. This list verifies com-
ues for each atmospheric parameter should pletion of items listed below. This check list
be made for at least the minimum response shall be kept at the job site for duration of
time of the test instrument specified by the the job. If circumstances dictate an interrup-
manufacturer. tion in the work, the permit space must be
(4) Testing stratified atmospheres. When re-evaluated and a new check list must be
monitoring for entries involving a descent completed.
into atmospheres that may be stratified, the Control of atmospheric and engulfment hazards.
atmospheric envelope should be tested a dis- Pumps and Lines. All pumps and lines which
tance of approximately 4 feet (1.22 m) in the may reasonably cause contaminants to flow
direction of travel and to each side. If a sam- into the space shall be disconnected, blinded
pling probe is used, the entrant’s rate of and locked out, or effectively isolated by
progress should be slowed to accommodate other means to prevent development of dan-
the sampling speed and detector response. gerous air contamination or engulfment. Not
(5) Order of testing. A test for oxygen is per- all laterals to sewers or storm drains require
formed first because most combustible gas blocking. However, where experience or
meters are oxygen dependent and will not knowledge of industrial use indicates there
provide reliable readings in an oxygen defi- is a reasonable potential for contamination
cient atmosphere. Combustible gasses are of air or engulfment into an occupied sewer,
tested for next because the threat of fire or then all affected laterals shall be blocked. If
explosion is both more immediate and more blocking and/or isolation requires entry into
life threatening, in most cases, than expo- the space the provisions for entry into a
sure to toxic gasses and vapors. If tests for permit- required confined space must be im-
toxic gasses and vapors are necessary, they plemented.
are performed last. Surveillance. The surrounding area shall be
APPENDIX C TO § 1910.146—EXAMPLES OF surveyed to avoid hazards such as drifting
PERMIT-REQUIRED CONFINED SPACE PROGRAMS vapors from the tanks, piping, or sewers.
Testing. The atmosphere within the space
Example 1. will be tested to determine whether dan-
Workplace. Sewer entry. gerous air contamination and/or oxygen defi-
ciency exists. Detector tubes, alarm only gas
Potential hazards. The employees could be ex-
monitors and explosion meters are examples
posed to the following:
of monitoring equipment that may be used
Engulfment. to test permit space atmospheres. Testing
Presence of toxic gases. Equal to or more than shall be performed by the LEAD WORKER
10 ppm hydrogen sulfide measured as an 8- who has successfully completed the Gas De-
hour time-weighted average. If the presence tector training for the monitor he will use.
of other toxic contaminants is suspected, The minimum parameters to be monitored
474
are oxygen deficiency, LFL, and hydrogen used. Testing shall be performed by the SU-
sulfide concentration. A written record of PERVISOR who has successfully completed
the pre-entry test results shall be made and the gas detector training for the monitor he
kept at the work site for the duration of the will use. The minimum parameters to be
job. The supervisor will certify in writing, monitored are oxygen deficiency, LFL and
based upon the results of the pre-entry test- hydrogen sulfide concentration. A written
ing, that all hazards have been eliminated. record of the pre- entry test results shall be
Affected employees shall be able to review made and kept at the work site for the dura-
the testing results. The most hazardous con- tion of the job. Affected employees shall be
ditions shall govern when work is being per- able to review the testing results. The most
formed in two adjoining, connecting spaces. hazardous conditions shall govern when
Entry Procedures. If there are no non-atmos- work is being performed in two adjoining,
pheric hazards present and if the pre-entry connected spaces.
tests show there is no dangerous air con- Space Ventilation. Mechanical ventilation
tamination and/or oxygen deficiency within systems, where applicable, shall be set at
the space and there is no reason to believe 100% outside air. Where possible, open addi-
that any is likely to develop, entry into and tional manholes to increase air circulation.
work within may proceed. Continuous test- Use portable blowers to augment natural cir-
ing of the atmosphere in the immediate vi- culation if needed. After a suitable ven-
cinity of the workers within the space shall tilating period, repeat the testing. Entry
be accomplished. The workers will imme- may not begin until testing has dem-
diately leave the permit space when any of onstrated that the hazardous atmosphere has
the gas monitor alarm set points are reached been eliminated.
as defined. Workers will not return to the Entry Procedures. The following procedure
area until a SUPERVISOR who has com- shall be observed under any of the following
pleted the gas detector training has used a conditions: 1.) Testing demonstrates the ex-
direct reading gas detector to evaluate the istence of dangerous or deficient conditions
situation and has determined that it is safe and additional ventilation cannot reduce
to enter. concentrations to safe levels; 2.) The atmos-
Rescue. Arrangements for rescue services are phere tests as safe but unsafe conditions can
not required where there is no attendant. reasonably be expected to develop; 3.) It is
See the rescue portion of section B., below, not feasible to provide for ready exit from
for instructions regarding rescue planning spaces equipped with automatic fire suppres-
where an entry permit is required. sion systems and it is not practical or safe to
B. Entry Permit Required deactivate such systems; or 4.) An emer-
Permits. Confined Space Entry Permit. All gency exists and it is not feasible to wait for
spaces shall be considered permit-required pre-entry procedures to take effect.
confined spaces until the pre-entry proce- All personnel must be trained. A self con-
dures demonstrate otherwise. Any employee tained breathing apparatus shall be worn by
required or permitted to pre-check or enter a any person entering the space. At least one
permit-required confined space shall have worker shall stand by the outside of the
successfully completed, as a minimum, the space ready to give assistance in case of
training as required by the following sec- emergency. The standby worker shall have a
tions of these procedures. A written copy of self contained breathing apparatus available
operating and rescue procedures as required by for immediate use. There shall be at least
these procedures shall be at the work site for the one additional worker within sight or call of
duration of the job. The Confined Space Entry the standby worker. Continuous powered
Permit must be completed before approval communications shall be maintained be-
can be given to enter a permit-required con- tween the worker within the confined space
fined space. This permit verifies completion and standby personnel.
of items listed below. This permit shall be If at any time there is any questionable ac-
kept at the job site for the duration of the tion or non- movement by the worker inside,
job. If circumstances cause an interruption a verbal check will be made. If there is no re-
in the work or a change in the alarm condi- sponse, the worker will be moved imme-
tions for which entry was approved, a new diately. Exception: If the worker is disabled
Confined Space Entry Permit must be com- due to falling or impact, he/she shall not be
pleted. removed from the confined space unless
there is immediate danger to his/her life.
Control of atmospheric and engulfment hazards.
Local fire department rescue personnel shall
Surveillance. The surrounding area shall be be notified immediately. The standby worker
surveyed to avoid hazards such as drifting may only enter the confined space in case of
vapors from tanks, piping or sewers. an emergency (wearing the self contained
Testing. The confined space atmosphere shall breathing apparatus) and only after being re-
be tested to determine whether dangerous lieved by another worker. Safety belt or har-
air contamination and/or oxygen deficiency
ness with attached lifeline shall be used by

exists. A direct reading gas monitor shall be all workers entering the space with the free
475
end of the line secured outside the entry 6. Slipping and falling on grease in the cook-
opening. The standby worker shall attempt er/dryer;
to remove a disabled worker via his lifeline 7. Electrically shocked by faulty equipment
before entering the space. taken into the cooker/dryer;
When practical, these spaces shall be en- 8. Burned or overcome by fire or products of
tered through side openings—those within 3 combustion; or
1/2 feet (1.07 m) of the bottom. When entry 9. Overcome by fumes generated by welding
must be through a top opening, the safety or cutting done on grease covered surfaces.
belt shall be of the harness type that sus- Permits. The supervisor in this case is always
pends a person upright and a hoisting device present at the cooker/dryer or other permit
or similar apparatus shall be available for entry confined space when entry is made.
lifting workers out of the space. The supervisor must follow the pre-entry iso-
In any situation where their use may en- lation procedures described in the entry per-
danger the worker, use of a hoisting device mit in preparing for entry, and ensure that
or safety belt and attached lifeline may be the protective clothing, ventilating equip-
discontinued. ment and any other equipment required by
When dangerous air contamination is at- the permit are at the entry site.
tributable to flammable and/or explosive Control of hazards. Mechanical. Lock out
substances, lighting and electrical equip- main power switch to agitator motor at
ment shall be Class 1, Division 1 rated per main power panel. Affix tag to the lock to
National Electrical Code and no ignition inform others that a permit entry confined
sources shall be introduced into the area. space entry is in progress.
Continuous gas monitoring shall be per-
Engulfment. Close all valves in the raw mate-
formed during all confined space operations.
rial blow line. Secure each valve in its closed
If alarm conditions change adversely, entry
position using chain and lock. Attach a tag
personnel shall exit the confined space and a
to the valve and chain warning that a permit
new confined space permit issued.
entry confined space entry is in progress.
Rescue. Call the fire department services for The same procedure shall be used for secur-
rescue. Where immediate hazards to injured ing the fat recycle valve.
personnel are present, workers at the site Burns and heat stress. Close steam supply
shall implement emergency procedures to fit valves to jacket and secure with chains and
the situation. tags. Insert solid blank at flange in cooker
Example 2. vent line to condenser manifold duct system.
Vent cooker/dryer by opening access door at
Workplace. Meat and poultry rendering discharge end and top center door to allow
plants. natural ventilation throughout the entry. If
Cookers and dryers are either batch or con- faster cooling is needed, use a portable ven-
tinuous in their operation. Multiple batch tilation fan to increase ventilation. Cooling
cookers are operated in parallel. When one water may be circulated through the jacket
unit of a multiple set is shut down for re- to reduce both outer and inner surface tem-
pairs, means are available to isolate that peratures of cooker/dryers faster. Check air
unit from the others which remain in oper- and inner surface temperatures in cooker/
ation. dryer to assure they are within acceptable
Cookers and dryers are horizontal, cylin- limits before entering, or use proper protec-
drical vessels equipped with a center, rotat- tive clothing.
ing shaft and agitator paddles or discs. If the Fire and fume hazards. Careful site prepara-
inner shell is jacketed, it is usually heated tion, such as cleaning the area within 4
with steam at pressures up to 150 psig (1034.25 inches (10.16 cm) of all welding or torch cut-
kPa). The rotating shaft assembly of the ting operations, and proper ventilation are
continuous cooker or dryer is also steam the preferred controls. All welding and cut-
heated. ting operations shall be done in accordance
Potential Hazards. The recognized hazards as-
with the requirements of 29 CFR Part 1910,
sociated with cookers and dryers are the risk
Subpart Q, OSHA’s welding standard. Proper
that employees could be:
ventilation may be achieved by local exhaust
1. Struck or caught by rotating agitator; ventilation, or the use of portable ventila-
2. Engulfed in raw material or hot, recycled tion fans, or a combination of the two prac-
fat; tices.
3. Burned by steam from leaks into the cook-
Electrical shock. Electrical equipment used in
er/dryer steam jacket or the condenser duct
cooker/dryers shall be in serviceable condi-
system if steam valves are not properly
tion.
closed and locked out;
4. Burned by contact with hot metal sur- Slips and falls. Remove residual grease before
faces, such as the agitator shaft assembly, or entering cooker/dryer.
inner shell of the cooker/dryer; Attendant. The supervisor shall be the at-
5. Heat stress caused by warm atmosphere tendant for employees entering cooker/dry-
inside cooker/dryer; ers.
476
Permit. The permit shall specify how isola- er, dry bulk trailer or truck, etc. meet per-
tion shall be done and any other prepara- mit requirements before authorizing entry.
tions needed before making entry. This is es- Attendant. The area supervisor shall des-
pecially important in parallel arrangements ignate an employee to maintain communica-
of cooker/dryers so that the entire operation tion by employer specified means with em-
need not be shut down to allow safe entry ployees working in tanks to ensure their
into one unit. safety. The attendant may not enter any
Rescue. When necessary, the attendant shall permit entry confined space to rescue an en-
call the fire department as previously ar- trant or for any other reason, unless author-
ranged. ized by the rescue procedure and, and even
then, only after calling the rescue team and
Example 3. being relieved by as attendant by another
Workplace. Workplaces where tank cars, worker.
trucks, and trailers, dry bulk tanks and Communications and observation. Communica-
trailers, railroad tank cars, and similar port- tions between attendant and entrant(s) shall
able tanks are fabricated or serviced. be maintained throughout entry. Methods of
A. During fabrication. These tanks and dry- communication that may be specified by the
bulk carriers are entered repeatedly permit include voice, voice powered radio,
throughout the fabrication process. These tapping or rapping codes on tank walls, sig-
products are not configured identically, but nalling tugs on a rope, and the attendant’s
the manufacturing processes by which they observation that work activities such as
are made are very similar. chipping, grinding, welding, spraying, etc.,
Sources of hazards. In addition to the me- which require deliberate operator control
chanical hazards arising from the risks that continue normally. These activities often
an entrant would be injured due to contact generate so much noise that the necessary
with components of the tank or the tools hearing protection makes communication by
being used, there is also the risk that a voice difficult.
worker could be injured by breathing fumes Rescue procedures. Acceptable rescue proce-
from welding materials or mists or vapors dures include entry by a team of employee-
from materials used to coat the tank inte- rescuers, use of public emergency services,
rior. In addition, many of these vapors and and procedures for breaching the tank. The
mists are flammable, so the failure to prop- area permit specifies which procedures are
erly ventilate a tank could lead to a fire or available, but the area supervisor makes the
explosion. final decision based on circumstances. (Cer-
Control of hazards. tain injuries may make it necessary to
Welding. Local exhaust ventilation shall be breach the tank to remove a person rather
used to remove welding fumes once the tank than risk additional injury by removal
or carrier is completed to the point that through an existing manhole. However, the
workers may enter and exit only through a supervisor must ensure that no breaching
manhole. (Follow the requirements of 29 CFR procedure used for rescue would violate
1910, Subpart Q, OSHA’s welding standard, at terms of the entry permit. For instance, if
all times.) Welding gas tanks may never be the tank must be breached by cutting with a
brought into a tank or carrier that is a per- torch, the tank surfaces to be cut must be
mit entry confined space. free of volatile or combustible coatings with-
Application of interior coatings/linings. At- in 4 inches (10.16 cm) of the cutting line and
mospheric hazards shall be controlled by the atmosphere within the tank must be
forced air ventilation sufficient to keep the below the LFL.
atmospheric concentration of flammable ma- Retrieval line and harnesses. The retrieval
terials below 10% of the lower flammable lines and harnesses generally required under
limit (LFL) (or lower explosive limit (LEL), this standard are usually impractical for use
whichever term is used locally). The appro- in tanks because the internal configuration
priate respirators are provided and shall be of the tanks and their interior baffles and
used in addition to providing forced ventila- other structures would prevent rescuers from
tion if the forced ventilation does not main- hauling out injured entrants. However, un-
tain acceptable respiratory conditions. less the rescue procedure calls for breaching
Permits. Because of the repetitive nature of the tank for rescue, the rescue team shall be
the entries in these operations, an ‘‘Area trained in the use of retrieval lines and har-
Entry Permit’’ will be issued for a 1 month nesses for removing injured employees
period to cover those production areas where through manholes.
tanks are fabricated to the point that entry B. Repair or service of ‘‘used’’ tanks and bulk
and exit are made using manholes. trailers.
Authorization. Only the area supervisor may Sources of hazards. In addition to facing the
authorize an employee to enter a tank with- potential hazards encountered in fabrication
in the permit area. The area supervisor must or manufacturing, tanks or trailers which
determine that conditions in the tank trail- have been in service may contain residues of
477
dangerous materials, whether left over from (Follow the requirements of 29 CFR 1910,
the transportation of hazardous cargoes or Subpart Q, OSHA’s welding standard, at all
generated by chemical or bacterial action on times.)
residues of non-hazardous cargoes. Permits. An entry permit valid for up to 1
Control of atmospheric hazards. A ‘‘used’’ tank year shall be issued prior to authorization of
shall be brought into areas where tank entry entry into used tank trailers, dry bulk trail-
is authorized only after the tank has been ers or trucks. In addition to the pre-entry
emptied, cleansed (without employee entry) cleaning requirement, this permit shall re-
of any residues, and purged of any potential quire the employee safeguards specified for
atmospheric hazards. new tank fabrication or construction permit
Welding. In addition to tank cleaning for areas.
control of atmospheric hazards, coating and Authorization. Only the area supervisor may
surface materials shall be removed 4 inches authorize an employee to enter a tank trail-
(10.16 cm) or more from any surface area er, dry bulk trailer or truck within the per-
where welding or other torch work will be mit area. The area supervisor must deter-
done and care taken that the atmosphere mine that the entry permit requirements
within the tank remains well below the LFL. have been met before authorizing entry.
478
APPENDIX D TO § 1910.146—SAMPLE PERMITS

479
EC27OC91.030</GPH>
APPENDIX E TO § 1910.146—SEWER SYSTEM exists any way to completely isolate the

ENTRY space (a section of a continuous system) to
be entered; second, because isolation is not
Sewer entry differs in three vital respects
complete, the atmosphere may suddenly and

from other permit entries; first, there rarely
480
EC27OC91.031</GPH>
unpredictably become lethally hazardous entry. Only the employer can decide, based
(toxic, flammable or explosive) from causes upon his or her knowledge of, and experience
beyond the control of the entrant or em- with permit spaces in sewer systems, what
ployer, and third, experienced sewer workers the best type of testing instrument may be
are especially knowledgeable in entry and for any specific entry operation.
work in their permit spaces because of their The selected testing instrument should be
frequent entries. Unlike other employments carried and used by the entrant in sewer line
where permit space entry is a rare and excep- work to monitor the atmosphere in the en-
tional event, sewer workers’ usual work entrant’s environment, and in advance of the
vironment is a permit space. entrant’s direction of movement, to warn the
(1) Adherence to procedure. The employer entrant of any deterioration in atmospheric
should designate as entrants only employees conditions. Where several entrants are work-
who are thoroughly trained in the employing together in the same immediate loca-
er’s sewer entry procedures and who dem- tion, one instrument, used by the lead en-
onstrate that they follow these entry proce- trant, is acceptable.
dures exactly as prescribed when performing (3) Surge flow and flooding. Sewer crews
sewer entries. should develop and maintain liaison, to the
(2) Atmospheric monitoring. Entrants should extent possible, with the local weather bu-
be trained in the use of, and be equipped reau and fire and emergency services in their
with, atmospheric monitoring equipment area so that sewer work may be delayed or
which sounds an audible alarm, in addition interrupted and entrants withdrawn when-
to its visual readout, whenever one of the ever sewer lines might be suddenly flooded
following conditions are encountered: Oxy- by rain or fire suppression activities, or
gen concentration less than 19.5 percent; whenever flammable or other hazardous ma-
flammable gas or vapor at 10 percent or more terials are released into sewers during emer-
of the lower flammable limit (LFL); or hy- gencies by industrial or transportation acci-
drogen sulfide or carbon monoxide at or dents.
above 10 ppm or 35 ppm, respectively, meas- (4) Special Equipment. Entry into large bore
ured as an 8-hour time-weighted average. At- sewers may require the use of special equip-
mospheric monitoring equipment needs to be ment. Such equipment might include such
calibrated according to the manufacturer’s items as atmosphere monitoring devices
instructions. The oxygen sensor/broad range with automatic audible alarms, escape self-
sensor is best suited for initial use in situa- contained breathing apparatus (ESCBA) with
tions where the actual or potential contami- at least 10 minute air supply (or other
nants have not been identified, because NIOSH approved self-rescuer), and water-
broad range sensors, unlike substance-spe- proof flashlights, and may also include boats
cific sensors, enable employers to obtain an and rafts, radios and rope stand-offs for pull-
overall reading of the hydrocarbons ing around bends and corners as needed.
(flammables) present in the space. However,
such sensors only indicate that a hazardous APPENDIX F TO § 1910.146—RESCUE TEAM OR
threshold of a class of chemicals has been ex- RESCUE SERVICE EVALUATION CRITERIA
ceeded. They do not measure the levels of (NON-MANDATORY)
contamination of specific substances. There- (1) This appendix provides guidance to em-
fore, substance-specific devices, which meas- ployers in choosing an appropriate rescue
ure the actual levels of specific substances, service. It contains criteria that may be used
are best suited for use where actual and po- to evaluate the capabilities both of prospec-
tential contaminants have been identified. tive and current rescue teams. Before a res-
The measurements obtained with substance- cue team can be trained or chosen, however,
specific devices are of vital importance to a satisfactory permit program, including an
the employer when decisions are made con- analysis of all permit-required confined
cerning the measures necessary to protect spaces to identify all potential hazards in
entrants (such as ventilation or personal those spaces, must be completed. OSHA be-
protective equipment) and the setting and lieves that compliance with all the provi-
attainment of appropriate entry conditions. sions of § 1910.146 will enable employers to
However, the sewer environment may sud- conduct permit space operations without re-
denly and unpredictably change, and the sub- course to rescue services in nearly all cases.
stance-specific devices may not detect the However, experience indicates that cir-
potentially lethal atmospheric hazards cumstances will arise where entrants will
which may enter the sewer environment. need to be rescued from permit spaces. It is
Although OSHA considers the information therefore important for employers to select
and guidance provided above to be appro- rescue services or teams, either on-site or
priate and useful in most sewer entry situa- off-site, that are equipped and capable of
tions, the Agency emphasizes that each em- minimizing harm to both entrants and res-
ployer must consider the unique cir- cuers if the need arises.
cumstances, including the predictability of (2) For all rescue teams or services, the
employer’s evaluation should consist of two
the atmosphere, of the sewer permit spaces

in the employer’s workplace in preparing for components: an initial evaluation, in which
481
employers decide whether a potential rescue potential bottlenecks or traffic congestion
service or team is adequately trained and that might be encountered in transit, the re-
equipped to perform permit space rescues of liability of the rescuer’s vehicles, and the
the kind needed at the facility and whether training and skill of its drivers.
such rescuers can respond in a timely man- 3. What is the availability of the rescue
ner, and a performance evaluation, in which service? Is it unavailable at certain times of
employers measure the performance of the the day or in certain situations? What is the
team or service during an actual or practice likelihood that key personnel of the rescue
rescue. For example, based on the initial service might be unavailable at times? If the
evaluation, an employer may determine that rescue service becomes unavailable while an
maintaining an on-site rescue team will be entry is underway, does it have the capa-
more expensive than obtaining the services bility of notifying the employer so that the
of an off-site team, without being signifi- employer can instruct the attendant to abort
cantly more effective, and decide to hire a the entry immediately?
rescue service. During a performance evalua- 4. Does the rescue service meet all the re-
tion, the employer could decide, after ob- quirements of paragraph (k)(2) of the stand-
serving the rescue service perform a practice ard? If not, has it developed a plan that will
rescue, that the service’s training or pre- enable it to meet those requirements in the
paredness was not adequate to effect a time- future? If so, how soon can the plan be imple-
ly or effective rescue at his or her facility mented?
and decide to select another rescue service, 5. For off-site services, is the service will-
or to form an internal rescue team. ing to perform rescues at the employer’s
workplace? (An employer may not rely on a
A. Initial Evaluation rescuer who declines, for whatever reason, to
I. The employer should meet with the pro- provide rescue services.)
spective rescue service to facilitate the eval- 6. Is an adequate method for communica-
uations required by § 1910.146(k)(1)(i) and tions between the attendant, employer and
§ 1910.146(k)(1)(ii). At a minimum, if an off- prospective rescuer available so that a res-
site rescue service is being considered, the cue request can be transmitted to the res-
employer must contact the service to plan cuer without delay? How soon after notifica-
and coordinate the evaluations required by tion can a prospective rescuer dispatch a res-
the standard. Merely posting the service’s cue team to the entry site?
number or planning to rely on the 911 emer- 7. For rescues into spaces that may pose
gency phone number to obtain these services significant atmospheric hazards and from
at the time of a permit space emergency which rescue entry, patient packaging and
would not comply with paragraph (k)(1) of retrieval cannot be safely accomplished in a
the standard. relatively short time (15–20 minutes), em-
II. The capabilities required of a rescue ployers should consider using airline res-
service vary with the type of permit spaces pirators (with escape bottles) for the res-
from which rescue may be necessary and the cuers and to supply rescue air to the patient.
hazards likely to be encountered in those If the employer decides to use SCBA, does
spaces. Answering the questions below will the prospective rescue service have an ample
assist employers in determining whether the supply of replacement cylinders and proce-
rescue service is capable of performing res- dures for rescuers to enter and exit (or be re-
cues in the permit spaces present at the em- trieved) well within the SCBA’s air supply
ployer’s workplace. limits?
1. What are the needs of the employer with 8. If the space has a vertical entry over 5
regard to response time (time for the rescue feet in depth, can the prospective rescue
service to receive notification, arrive at the service properly perform entry rescues? Does
scene, and set up and be ready for entry)? the service have the technical knowledge
For example, if entry is to be made into an and equipment to perform rope work or ele-
IDLH atmosphere, or into a space that can vated rescue, if needed?
quickly develop an IDLH atmosphere (if ven- 9. Does the rescue service have the nec-
tilation fails or for other reasons), the rescue essary skills in medical evaluation, patient
team or service would need to be standing by packaging and emergency response?
at the permit space. On the other hand, if 10. Does the rescue service have the nec-
the danger to entrants is restricted to me- essary equipment to perform rescues, or
chanical hazards that would cause injuries must the equipment be provided by the em-
(e.g., broken bones, abrasions) a response ployer or another source?
time of 10 or 15 minutes might be adequate.
B. Performance Evaluation
2. How quickly can the rescue team or
service get from its location to the permit Rescue services are required by paragraph
spaces from which rescue may be necessary? (k)(2)(iv) of the standard to practice rescues
Relevant factors to consider would include: at least once every 12 months, provided that
the location of the rescue team or service the team or service has not successfully per-
relative to the employer’s workplace, the formed a permit space rescue within that
quality of roads and highways to be traveled, time. As part of each practice session, the
482
service should perform a critique of the prac- that are ‘‘worst-case’’ or most restrictive
tice rescue, or have another qualified party with respect to internal configuration, ele-
perform the critique, so that deficiencies in vation, and portal size. The following charac-
procedures, equipment, training, or number teristics of a practice space should be consid-
of personnel can be identified and corrected. ered when deciding whether a space is truly
The results of the critique, and the correc- representative of an actual permit space:
tions made to respond to the deficiencies (1) Internal configuration.
identified, should be given to the employer (a) Open—there are no obstacles, barriers,
to enable it to determine whether the rescue or obstructions within the space. One exam-
service can quickly be upgraded to meet the ple is a water tank.
employer’s rescue needs or whether another (b) Obstructed—the permit space contains
service must be selected. The following ques- some type of obstruction that a rescuer
tions will assist employers and rescue teams would need to maneuver around. An example
and services evaluate their performance. would be a baffle or mixing blade. Large
1. Have all members of the service been equipment, such as a ladder or scaffold,
trained as permit space entrants, at a min- brought into a space for work purposes
imum, including training in the potential would be considered an obstruction if the po-
hazards of all permit spaces, or of represent- sitioning or size of the equipment would
ative permit spaces, from which rescue may make rescue more difficult.
be needed? Can team members recognize the (2) Elevation.
signs, symptoms, and consequences of expo- (a) Elevated—a permit space where the en-
sure to any hazardous atmospheres that may trance portal or opening is above grade by 4
be present in those permit spaces? feet or more. This type of space usually re-
2. Is every team member provided with, quires knowledge of high angle rescue proce-
and properly trained in, the use and need for dures because of the difficulty in packaging
PPE, such as SCBA or fall arrest equipment, and transporting a patient to the ground
which may be required to perform permit from the portal.
space rescues in the facility? Is every team (b) Non-elevated—a permit space with the
member properly trained to perform his or entrance portal located less than 4 feet above
her functions and make rescues, and to use grade. This type of space will allow the res-
any rescue equipment, such as ropes and cue team to transport an injured employee
backboards, that may be needed in a rescue normally.
attempt? (3) Portal size.
3. Are team members trained in the first
(a) Restricted—A portal of 24 inches or less
aid and medical skills needed to treat vic-
in the least dimension. Portals of this size
tims overcome or injured by the types of
are too small to allow a rescuer to simply
hazards that may be encountered in the per-
enter the space while using SCBA. The por-
mit spaces at the facility?
tal size is also too small to allow normal spi-
4. Do all team members perform their func-
nal immobilization of an injured employee.
tions safely and efficiently? Do rescue serv-
(b) Unrestricted—A portal of greater than
ice personnel focus on their own safety be-
24 inches in the least dimension. These por-
fore considering the safety of the victim?
tals allow relatively free movement into and
5. If necessary, can the rescue service prop-
out of the permit space.
erly test the atmosphere to determine if it is
(4) Space access.
IDLH?
(a) Horizontal—The portal is located on
6. Can the rescue personnel identify infor-
the side of the permit space. Use of retrieval
mation pertinent to the rescue from entry
lines could be difficult.
permits, hot work permits, and MSDSs?
(b) Vertical—The portal is located on the
7. Has the rescue service been informed of
top of the permit space, so that rescuers
any hazards to personnel that may arise
must climb down, or the bottom of the per-
from outside the space, such as those that
mit space, so that rescuers must climb up to
may be caused by future work near the
enter the space. Vertical portals may require
space?
8. If necessary, can the rescue service prop- knowledge of rope techniques, or special pa-
erly package and retrieve victims from a tient packaging to safely retrieve a downed
permit space that has a limited size opening entrant.
(less than 24 inches (60.9 cm) in diameter), [58 FR 4549, Jan. 14, 1993; 58 FR 34845, 34846,
limited internal space, or internal obstacles June 29, 1993, as amended at 59 FR 26114, May
or hazards? 19, 1994; 63 FR 66038, 66039, Dec. 1, 1998]
9. If necessary, can the rescue service safe-
ly perform an elevated (high angle) rescue? § 1910.147 The control of hazardous
10. Does the rescue service have a plan for energy (lockout/tagout).
each of the kinds of permit space rescue op-
erations at the facility? Is the plan adequate (a) Scope, application and purpose—(1)
for all types of rescue operations that may Scope. (i) This standard covers the serv-
be needed at the facility? Teams may prac- icing and maintenance of machines and
tice in representative spaces, or in spaces equipment in which the unexpected
483
energization or start up of the ma- ment is controlled by the unplugging of

chines or equipment, or release of the equipment from the energy source
stored energy could cause injury to em- and by the plug being under the exclu-
ployees. This standard establishes min- sive control of the employee per-
imum performance requirements for forming the servicing or maintenance.
the control of such hazardous energy. (B) Hot tap operations involving
(ii) This standard does not cover the transmission and distribution systems
following: for substances such as gas, steam,
(A) Construction, agriculture and water or petroleum products when they
maritime employment; are performed on pressurized pipelines,
(B) Installations under the exclusive provided that the employer dem-
control of electric utilities for the pur- onstrates that (1) continuity of service
pose of power generation, transmission is essential; (2) shutdown of the system
and distribution, including related is impractical; and (3) documented pro-
equipment for communication or me- cedures are followed, and special equip-
tering; and ment is used which will provide proven
(C) Exposure to electrical hazards effective protection for employees.
from work on, near, or with conductors (3) Purpose. (i) This section requires
or equipment in electric utilization in- employers to establish a program and
stallations, which is covered by sub- utilize procedures for affixing appro-
part S of this part; and priate lockout devices or tagout de-
(D) Oil and gas well drilling and serv- vices to energy isolating devices, and
icing. to otherwise disable machines or equip-
(2) Application. (i) This standard ap- ment to prevent unexpected
plies to the control of energy during energization, start-up or release of
servicing and/or maintenance of ma- stored energy in order to prevent in-
chines and equipment. jury to employees.
(ii) Normal production operations are (ii) When other standards in this part
not covered by this standard (See sub- require the use of lockout or tagout,
part 0 of this part). Servicing and/or they shall be used and supplemented by
maintenance which takes place during the procedural and training require-
normal production operations is cov- ments of this section.
ered by this standard only if;: (b) Definitions applicable to this sec-
(A) An employee is required to re- tion.
move or bypass a guard or other safety Affected employee. An employee whose
device; or job requires him/her to operate or use a
(B) An employee is required to place machine or equipment on which serv-
any part of his or her body into an area icing or maintenance is being per-
on a machine or piece of equipment formed under lockout or tagout, or
where work is actually performed upon whose job requires him/her to work in
the material being processed (point of an area in which such servicing or
operation) or where an associated dan- maintenance is being performed.
ger zone exists during a machine oper- Authorized employee. A person who
ating cycle. locks out or tags out machines or
NOTE: Exception to paragraph (a)(2)(ii): equipment in order to perform serv-
Minor tool changes and adjustments, and icing or maintenance on that machine
other minor servicing activities, which take or equipment. An affected employee be-
place during normal production operations, comes an authorized employee when
are not covered by this standard if they are
that employee’s duties include per-
routine, repetitive, and integral to the use of
the equipment for production, provided that forming servicing or maintenance cov-
the work is performed using alternative ered under this section.
measures which provide effective protection Capable of being locked out. An energy
(See subpart 0 of this part). isolating device is capable of being
(iii) This standard does not apply to locked out if it has a hasp or other
the following. means of attachment to which, or
(A) Work on cord and plug connected through which, a lock can be affixed, or
electric equipment for which exposure it has a locking mechanism built into
to the hazards of unexpected it. Other energy isolating devices are
energization or start up of the equip- capable of being locked out, if lockout
484
can be achieved without the need to specting, modifying, and maintaining

dismantle, rebuild, or replace the en- and/or servicing machines or equip-
ergy isolating device or permanently ment. These activities include lubrica-
alter its energy control capability. tion, cleaning or unjamming of ma-
Energized. Connected to an energy chines or equipment and making ad-
source or containing residual or stored justments or tool changes, where the
energy. employee may be exposed to the unex-
Energy isolating device. A mechanical pected energization or startup of the
device that physically prevents the equipment or release of hazardous en-
transmission or release of energy, in- ergy.
cluding but not limited to the fol- Setting up. Any work performed to
lowing: A manually operated electrical prepare a machine or equipment to per-
circuit breaker; a disconnect switch; a
form its normal production operation.
manually operated switch by which the
Tagout. The placement of a tagout
conductors of a circuit can be discon-
nected from all ungrounded supply con- device on an energy isolating device, in
ductors, and, in addition, no pole can accordance with an established proce-
be operated independently; a line dure, to indicate that the energy iso-
valve; a block; and any similar device lating device and the equipment being
used to block or isolate energy. Push controlled may not be operated until
buttons, selector switches and other the tagout device is removed.
control circuit type devices are not en- Tagout device. A prominent warning
ergy isolating devices. device, such as a tag and a means of at-
Energy source. Any source of elec- tachment, which can be securely fas-
trical, mechanical, hydraulic, pneu- tened to an energy isolating device in
matic, chemical, thermal, or other en- accordance with an established proce-
ergy. dure, to indicate that the energy iso-
Hot tap. A procedure used in the relating device and the equipment being
pair, maintenance and services activi- controlled may not be operated until
ties which involves welding on a piece the tagout device is removed.
of equipment (pipelines, vessels or (c) General—(1) Energy control pro-
tanks) under pressure, in order to in- gram. The employer shall establish a
stall connections or appurtenances. It program consisting of energy control
is commonly used to replace or add procedures, employee training and
sections of pipeline without the inter- periodic inspections to ensure that be-
ruption of service for air, gas, water, fore any employee performs any serv-
steam, and petrochemical distribution icing or maintenance on a machine or
systems. equipment where the unexpected ener-
Lockout. The placement of a lockout
gizing, start up or release of stored en-
device on an energy isolating device, in
ergy could occur and cause injury, the
accordance with an established proce-
machine or equipment shall be isolated
dure, ensuring that the energy iso-
from the energy source, and rendered
lating device and the equipment being
inoperative.
controlled cannot be operated until the
lockout device is removed. (2) Lockout/tagout. (i) If an energy iso-
Lockout device. A device that utilizes lating device is not capable of being
a positive means such as a lock, either locked out, the employer’s energy con-
key or combination type, to hold an trol program under paragraph (c)(1) of
energy isolating device in a safe posi- this section shall utilize a tagout sys-
tion and prevent the energizing of a tem.
machine or equipment. Included are (ii) If an energy isolating device is
blank flanges and bolted slip blinds. capable of being locked out, the em-
Normal production operations. The uti- ployer’s energy control program under
lization of a machine or equipment to paragraph (c)(1) of this section shall
perform its intended production func- utilize lockout, unless the employer
tion. can demonstrate that the utilization of
Servicing and/or maintenance. Work- a tagout system will provide full em-
place activities such as constructing, ployee protection as set forth in para-
installing, setting up, adjusting, in- graph (c)(3) of this section.
485
(iii) After January 2, 1990, whenever icing or maintenance; (5) a single lockout de-
replacement or major repair, renova- vice will achieve a locked-out condition; (6)
tion or modification of a machine or the lockout device is under the exclusive
control of the authorized employee per-
equipment is performed, and whenever forming the servicing or maintenance; (7)
new machines or equipment are in- the servicing or maintenance does not create
stalled, energy isolating devices for hazards for other employees; and (8) the em-
such machine or equipment shall be de- ployer, in utilizing this exception, has had
signed to accept a lockout device. no accidents involving the unexpected acti-
(3) Full employee protection. (i) When a vation or reenergization of the machine or
tagout device is used on an energy iso- equipment during servicing or maintenance.
lating device which is capable of being (ii) The procedures shall clearly and
locked out, the tagout device shall be specifically outline the scope, purpose,
attached at the same location that the authorization, rules, and techniques to
lockout device would have been at- be utilized for the control of hazardous
tached, and the employer shall dem- energy, and the means to enforce com-
onstrate that the tagout program will pliance including, but not limited to,
provide a level of safety equivalent to the following:
that obtained by using a lockout pro- (A) A specific statement of the in-
gram. tended use of the procedure;
(ii) In demonstrating that a level of (B) Specific procedural steps for
safety is achieved in the tagout pro- shutting down, isolating, blocking and
gram which is equivalent to the level securing machines or equipment to
of safety obtained by using a lockout control hazardous energy;
program, the employer shall dem- (C) Specific procedural steps for the
onstrate full compliance with all placement, removal and transfer of
tagout-related provisions of this stand- lockout devices or tagout devices and
ard together with such additional ele- the responsibility for them; and
ments as are necessary to provide the (D) Specific requirements for testing
equivalent safety available from the a machine or equipment to determine
use of a lockout device. Additional and verify the effectiveness of lockout
means to be considered as part of the devices, tagout devices, and other en-
demonstration of full employee protec- ergy control measures.
tion shall include the implementation (5) Protective materials and hardware.
of additional safety measures such as (i) Locks, tags, chains, wedges, key
the removal of an isolating circuit ele- blocks, adapter pins, self-locking fas-
ment, blocking of a controlling switch, teners, or other hardware shall be pro-
opening of an extra disconnecting de- vided by the employer for isolating, se-
vice, or the removal of a valve handle curing or blocking of machines or
to reduce the likelihood of inadvertent equipment from energy sources.
energization. (ii) Lockout devices and tagout de-
(4) Energy control procedure. (i) Proce- vices shall be singularly identified;
dures shall be developed, documented shall be the only devices(s) used for
and utilized for the control of poten- controlling energy; shall not be used
tially hazardous energy when employ- for other purposes; and shall meet the
ees are engaged in the activities cov- following requirements:
ered by this section. (A) Durable. (1) Lockout and tagout
NOTE: Exception: The employer need not
devices shall be capable of with-
document the required procedure for a par- standing the environment to which
ticular machine or equipment, when all of they are exposed for the maximum pe-
the following elements exist: (1) The ma- riod of time that exposure is expected.
chine or equipment has no potential for (2) Tagout devices shall be con-
stored or residual energy or reaccumulation structed and printed so that exposure
of stored energy after shut down which could to weather conditions or wet and damp
endanger employees; (2) the machine or locations will not cause the tag to de-
equipment has a single energy source which teriorate or the message on the tag to
can be readily identified and isolated; (3) the
isolation and locking out of that energy
become illegible.
source will completely deenergize and de- (3) Tags shall not deteriorate when
activate the machine or equipment; (4) the used in corrosive environments such as
machine or equipment is isolated from that areas where acid and alkali chemicals
energy source and locked out during serv- are handled and stored.
486
(B) Standardized. Lockout and tagout include a review, between the inspector
devices shall be standardized within and each authorized and affected em-
the facility in at least one of the fol- ployee, of that employee’s responsibil-
lowing criteria: Color; shape; or size; ities under the energy control proce-
and additionally, in the case of tagout dure being inspected, and the elements
devices, print and format shall be set forth in paragraph (c)(7)(ii) of this
standardized. section.
(C) Substantial—(1) Lockout devices. (ii) The employer shall certify that
Lockout devices shall be substantial the periodic inspections have been per-
enough to prevent removal without the formed. The certification shall identify
use of excessive force or unusual tech- the machine or equipment on which
niques, such as with the use of bolt the energy control procedure was being
cutters or other metal cutting tools. utilized, the date of the inspection, the
(2) Tagout devices. Tagout devices, in- employees included in the inspection,
cluding and their means of attachment, and the person performing the inspec-
shall be substantial enough to prevent tion.
inadvertent or accidental removal. (7) Training and communication. (i)
Tagout device attachment means shall The employer shall provide training to
be of a non-reusable type, attachable ensure that the purpose and function of
by hand, self-locking, and non-releas- the energy control program are under-
able with a minimum unlocking stood by employees and that the
strength of no less than 50 pounds and knowledge and skills required for the
having the general design and basic safe application, usage, and removal of
characteristics of being at least equiv- the energy controls are acquired by
alent to a one-piece, all-environment- employees. The training shall include
tolerant nylon cable tie. the following:
(D) Identifiable. Lockout devices and
(A) Each authorized employee shall
tagout devices shall indicate the iden-
receive training in the recognition of
tity of the employee applying the de-
applicable hazardous energy sources,
vice(s).
the type and magnitude of the energy
(iii) Tagout devices shall warn
available in the workplace, and the
against hazardous conditions if the ma-
methods and means necessary for en-
chine or equipment is energized and
ergy isolation and control.
shall include a legend such as the fol-
lowing: Do Not Start, Do Not Open, Do (B) Each affected employee shall be
Not Close, Do Not Energize, Do Not Oper- instructed in the purpose and use of
ate. the energy control procedure.
(6) Periodic inspection. (i) The em- (C) All other employees whose work
ployer shall conduct a periodic inspec- operations are or may be in an area
tion of the energy control procedure at where energy control procedures may
least annually to ensure that the probe utilized, shall be instructed about
cedure and the requirements of this the procedure, and about the prohibi-
standard are being followed. tion relating to attempts to restart or
(A) The periodic inspection shall be reenergize machines or equipment
perfomed by an authorized employee which are locked out or tagged out.
other than the ones(s) utilizing the en- (ii) When tagout systems are used,
ergy control procedure being inspected. employees shall also be trained in the
(B) The periodic inspection shall be following limitations of tags:
conducted to correct any deviations or (A) Tags are essentially warning de-
inadequacies identified. vices affixed to energy isolating de-
(C) Where lockout is used for energy vices, and do not provide the physical
control, the periodic inspection shall restraint on those devices that is pro-
include a review, between the inspector vided by a lock.
and each authorized employee, of that (B) When a tag is attached to an en-
employee’s responsibilities under the ergy isolating means, it is not to be re-
energy control procedure being in- moved without authorization of the au-
spected. thorized person responsible for it, and
(D) Where tagout is used for energy it is never to be bypassed, ignored, or
control, the periodic inspection shall otherwise defeated.
487
(C) Tags must be legible and under- elements and actions and shall be done
standable by all authorized employees, in the following sequence:
affected employees, and all other em- (1) Preparation for shutdown. Before
ployees whose work operations are or an authorized or affected employee
may be in the area, in order to be effec- turns off a machine or equipment, the
tive. authorized employee shall have knowl-
(D) Tags and their means of attach- edge of the type and magnitude of the
ment must be made of materials which energy, the hazards of the energy to be
will withstand the environmental con- controlled, and the method or means to
ditions encountered in the workplace. control the energy.
(E) Tags may evoke a false sense of (2) Machine or equipment shutdown.
security, and their meaning needs to be The machine or equipment shall be
understood as part of the overall en- turned off or shut down using the pro-
ergy control program. cedures established for the machine or
(F) Tags must be securely attached equipment. An orderly shutdown must
to energy isolating devices so that they be utilized to avoid any additional or
cannot be inadvertently or acciden- increased hazard(s) to employees as a
tally detached during use. result of the equipment stoppage.
(iii) Employee retraining. (3) Machine or equipment isolation. All
(A) Retraining shall be provided for energy isolating devices that are need-
all authorized and affected employees
ed to control the energy to the ma-
whenever there is a change in their job
chine or equipment shall be physically
assignments, a change in machines,
located and operated in such a manner
equipment or processes that present a
as to isolate the machine or equipment
new hazard, or when there is a change
from the energy source(s).
in the energy control procedures.
(4) Lockout or tagout device applica-
(B) Additional retraining shall also
tion. (i) Lockout or tagout devices shall
be conducted whenever a periodic in-
be affixed to each energy isolating de-
spection under paragraph (c)(6) of this
vice by authorized employees.
section reveals, or whenever the em-
ployer has reason to believe, that there (ii) Lockout devices, where used,
are deviations from or inadequacies in shall be affixed in a manner to that
the employee’s knowledge or use of the will hold the energy isolating devices
energy control procedures. in a ‘‘safe’’ or ‘‘off’’ position.
(C) The retraining shall reestablish (iii) Tagout devices, where used, shall
employee proficiency and introduce be affixed in such a manner as will
new or revised control methods and clearly indicate that the operation or
procedures, as necessary. movement of energy isolating devices
(iv) The employer shall certify that from the ‘‘safe’’ or ‘‘off’’ position is
employee training has been accom- prohibited.
plished and is being kept up to date. (A) Where tagout devices are used
The certification shall contain each with energy isolating devices designed
employee’s name and dates of training. with the capability of being locked, the
(8) Energy isolation. Lockout or tag attachment shall be fastened at the
tagout shall be performed only bythe same point at which the lock would
authorized employees who are per- have been attached.
forming the servicing or maintenance. (B) Where a tag cannot be affixed di-
(9) Notification of employees. Affected rectly to the energy isolating device,
employees shall be notified by the em- the tag shall be located as close as
ployer or authorized employee of the safely possible to the device, in a posi-
application and removal of lockout de- tion that will be immediately obvious
vices or tagout devices. Notification to anyone attempting to operate the
shall be given before the controls are device.
applied, and after they are removed (5) Stored energy. (i) Following the ap-
from the machine or equipment. plication of lockout or tagout devices
(d) Application of control. The estab- to energy isolating devices, all poten-
lished procedures for the application of tially hazardous stored or residual en-
energy control (the lockout or tagout ergy shall be relieved, disconnected, re-
procedures) shall cover the following strained, and otherwise rendered safe.
488
(ii) If there is a possibility of re- (i) Verfication by the employer that

accumulation of stored energy to a the authorized employee who applied
hazardous level, verification of isola- the device is not at the facility;
tion shall be continued until the serv- (ii) Making all reasonable efforts to
icing or maintenance is completed, or contact the authorized employee to in-
until the possibility of such accumula- form him/her that his/her lockout or
tion no longer exists. tagout device has been removed; and
(6) Verification of isolation. Prior to (iii) Ensuring that the authorized
starting work on machines or equip- employee has this knowledge before he/
ment that have been locked out or she resumes work at that facility.
tagged out, the authorized employee (f) Additional requirements—(1) Testing
shall verify that isolation and or positioning of machines, equipment or
components thereof. In situations in
deenergization of the machine or
which lockout or tagout devices must
equipment have been accomplished.
be temporarily removed from the en-
(e) Release from lockout or tagout. Be- ergy isolating device and the machine
fore lockout or tagout devices are re- or equipment energized to test or posi-
moved and energy is restored to the tion the machine, equipment or compo-
machine or equipment, procedures nent thereof, the following sequence of
shall be followed and actions taken by actions shall be followed:
the authorized employee(s) to ensure (i) Clear the machine or equipment of
the following: tools and materials in accordance with
(1) The machine or equipment. The paragraph (e)(1) of this section;
work area shall be inspected to ensure (ii) Remove employees from the ma-
that nonessential items have been re- chine or equipment area in accordance
moved and to ensure that machine or with paragraph (e)(2) of this section;
equipment components are operation- (iii) Remove the lockout or tagout
ally intact. devices as specified in paragraph (e)(3)
(2) Employees. (i) The work area shall of this section;
be checked to ensure that all employ- (iv) Energize and proceed with test-
ees have been safely positioned or re- ing or positioning;
moved. (v) Deenergize all systems and re-
(ii) After lockout or tagout devices apply energy control measures in ac-
have been removed and before a ma- cordance with paragraph (d) of this sec-
chine or equipment is started, affected tion to continue the servicing and/or
employees shall be notified that the maintenance.
lockout or tagout device(s) have been (2) Outside personnel (contractors, etc.).
(i) Whenever outside servicing per-
removed.
sonnel are to be engaged in activities
(3) Lockout or tagout devices removal. covered by the scope and application of
Each lockout or tagout device shall be this standard, the on-site employer and
removed from each energy isolating de- the outside employer shall inform each
vice by the employee who applied the other of their respective lockout or
device. Exception to paragraph (e)(3): tagout procedures.
When the authorized employee who ap- (ii) The on-site employer shall ensure
plied the lockout or tagout device is that his/her employees understand and
not available to remove it, that device comply with the restrictions and prohi-
may be removed under the direction of bitions of the outside employer’s en-
the employer, provided that specific ergy control program.
procedures and training for such re- (3) Group lockout or tagout. (i) When
moval have been developed, docu- servicing and/or maintenance is per-
mented and incorporated into the em- formed by a crew, craft, department or
ployer’s energy control program. The other group, they shall utilize a proce-
employer shall demonstrate that the dure which affords the employees a
specific procedure provides equivalent level of protection equivalent to that
safety to the removal of the device by provided by the implementation of a
the authorized employee who applied personal lockout or tagout device.
it. The specific procedure shall include (ii) Group lockout or tagout devices
at least the following elements: shall be used in accordance with the
489
procedures required by paragraph (c)(4) quire additional training and more rigorous
of this section including, but not nec- periodic inspections. When tagout is used
essarily limited to, the following spe- and the energy isolating devices are lock-
able, the employer must provide full em-
cific requirements:
ployee protection (see paragraph (c)(3)) and
(A) Primary responsibility is vested additional training and more rigorous peri-
in an authorized employee for a set odic inspections are required. For more com-
number of employees working under plex systems, more comprehensive proce-
the protection of a group lockout or dures may need to be developed, documented
tagout device (such as an operations and utilized.
lock);
Lockout Procedure
(B) Provision for the authorized em-
ployee to ascertain the exposure status Lockout procedure for
of individual group members with re- llllllllllllllllllllllll
gard to the lockout or tagout of the (Name of Company for single procedure or
machine or equipment and identification of equipment if multiple pro-
(C) When more than one crew, craft, cedures are used)
department, etc. is involved, assign-
Purpose
ment of overall job-associated lockout
or tagout control responsibility to an This procedure establishes the minimum
authorized employee designated to co- requirements for the lockout of energy iso-
lating devices whenever maintenance or
ordinate affected work forces and en-
servicing is done on machines or equipment.
sure continuity of protection; and It shall be used to ensure that the machine
(D) Each authorized employee shall or equipment is stopped, isolated from all
affix a personal lockout or tagout de- potentially hazardous energy sources and
vice to the group lockout device, group locked out before employees perform any
lockbox, or comparable mechanism servicing or maintenance where the unex-
when he or she begins work, and shall pected energization or start-up of the ma-
remove those devices when he or she chine or equipment or release of stored en-
ergy could cause injury.
stops working on the machine or equip-
ment being serviced or maintained. Compliance With This Program
(4) Shift or personnel changes. Specific
All employees are required to comply with
procedures shall be utilized during the restrictions and limitations imposed
shift or personnel changes to ensure upon them during the use of lockout. The au-
the continuity of lockout or tagout thorized employees are required to perform
protection, including provision for the the lockout in accordance with this proce-
orderly transfer of lockout or tagout dure. All employees, upon observing a ma-
device protection between off-going chine or piece of equipment which is locked
and oncoming employees, to minimize out to perform servicing or maintenance
exposure to hazards from the unex- shall not attempt to start, energize or use
that machine or equipment.
pected energization or start-up of the
machine or equipment, or the release llllllllllllllllllllllll
of stored energy. Type of compliance enforcement to be taken
NOTE: The following appendix to § 1910.147 for violation of the above.
services as a non-mandatory guideline to as- Sequence of Lockout
sist employers and employees in complying
with the requirements of this section, as well (1) Notify all affected employees that serv-
as to provide other helpful information. icing or maintenance is required on a ma-
Nothing in the appendix adds to or detracts chine or equipment and that the machine or
from any of the requirements of this section. equipment must be shut down and locked out
to perform the servicing or maintenance.
APPENDIX A TO § 1910.147—TYPICAL MINIMAL
LOCKOUT PROCEDURE
Name(s)/Job Title(s) of affected employees
General and how to notify.
The following simple lockout procedure is (2) The authorized employee shall refer to
provided to assist employers in developing the company procedure to identify the type
their procedures so they meet the require- and magnitude of the energy that the ma-
ments of this standard. When the energy iso- chine or equipment utilizes, shall understand
lating devices are not lockable, tagout may the hazards of the energy, and shall know
be used, provided the employer complies the methods to control the energy.
with the provisions of the standard which re- llllllllllllllllllllllll
490
Type(s) and magnitude(s) of energy, its haz- (5) Notify affected employees that the serv-
ards and the methods to control the energy. icing or maintenance is completed and the
(3) If the machine or equipment is oper- machine or equipment is ready for use.
ating, shut it down by the normal stopping [54 FR 36687, Sept. 1, 1989, as amended at 54
procedure (depress stop button, open switch, FR 42498, Oct. 17, 1989; 55 FR 38685, 38686,
close valve, etc.). Sept. 20, 1990]
Type(s) and location(s) of machine or equip- Subpart K—Medical and First Aid
ment operating controls.
(4) De-activate the energy isolating de-
vice(s) so that the machine or equipment is
pational Safety and Health Act of 1970, 29
isolated from the energy source(s).
U.S.C. 653, 655, and 657; Secretary of Labor’s
llllllllllllllllllllllll Order No. 12–71 (36 FR 8754), 8–76 (41 FR
Type(s) and location(s) of energy isolating 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–
devices. 96 (62 FR 111), or 3–2000 (65 FR 50017), as ap-
plicable, and 29 CFR part 1911.
(5) Lock out the energy isolating device(s)
with assigned individual lock(s).
§ 1910.151 Medical services and first
(6) Stored or residual energy (such as that
aid.
in capacitors, springs, elevated machine
members, rotating flywheels, hydraulic sys- (a) The employer shall ensure the
tems, and air, gas, steam, or water pressure, ready availability of medical personnel
etc.) must be dissipated or restrained by for advice and consultation on matters
methods such as grounding, repositioning, of plant health.
blocking, bleeding down, etc.
(b) In the absence of an infirmary,
llllllllllllllllllllllll clinic, or hospital in near proximity to
Type(s) of stored energy—methods to dis- the workplace which is used for the
sipate or restrain. treatment of all injured employees, a
(7) Ensure that the equipment is discon- person or persons shall be adequately
nected from the energy source(s) by first trained to render first aid. Adequate
checking that no personnel are exposed, then first aid supplies shall be readily avail-
verify the isolation of the equipment by op- able.
erating the push button or other normal op-
erating control(s) or by testing to make cer-
(c) Where the eyes or body of any per-
tain the equipment will not operate. son may be exposed to injurious corro-
sive materials, suitable facilities for
CAUTION: Return operating control(s) to
neutral or ‘‘off’’ position after verifying the quick drenching or flushing of the eyes
isolation of the equipment. and body shall be provided within the
work area for immediate emergency
use.
Method of verifying the isolation of the
equipment. APPENDIX A TO § 1910.151—FIRST AID KITS
(8) The machine or equipment is now (NON-MANDATORY)
locked out. First aid supplies are required to be readily
Restoring Equipment to Service. When the available under paragraph § 1910.151(b). An
servicing or maintenance is completed and example of the minimal contents of a generic
the machine or equipment is ready to return first aid kit is described in American Na-
to normal operating condition, the following tional Standard (ANSI) Z308.1–1998 ‘‘Min-
steps shall be taken. imum Requirements for Workplace First-aid
(1) Check the machine or equipment and Kits.’’ The contents of the kit listed in the
the immediate area around the machine or ANSI standard should be adequate for small
equipment to ensure that nonessential items worksites. When larger operations or mul-
have been removed and that the machine or tiple operations are being conducted at the
equipment components are operationally in- same location, employers should determine
tact. the need for additional first aid kits at the
(2) Check the work area to ensure that all worksite, additional types of first aid equip-
employees have been safely positioned or re- ment and supplies and additional quantities
moved from the area. and types of supplies and equipment in the
(3) Verify that the controls are in neutral. first aid kits.
(4) Remove the lockout devices and reener- In a similar fashion, employers who have
gize the machine or equipment. unique or changing first-aid needs in their
NOTE: The removal of some forms of block- workplace may need to enhance their first-
ing may require reenergization of the ma- aid kits. The employer can use the OSHA 200
chine before safe removal. log, OSHA 101’s or other reports to identify
491
these unique problems. Consultation from which is capable of suppressing the
the local fire/rescue department, appropriate generation of fuel vapors.
medical professional, or local emergency
(3) Approved means acceptable to the
room may be helpful to employers in these
circumstances. By assessing the specific Assistant Secretary under the fol-
needs of their workplace, employers can en- lowing criteria:
sure that reasonably anticipated supplies are (i) If it is accepted, or certified, or
available. Employers should assess the spe- listed, or labeled or otherwise deter-
cific needs of their worksite periodically and mined to be safe by a nationally recog-
augment the first aid kit appropriately. nized testing laboratory; or
If it is reasonably anticipated that employ-
ees will be exposed to blood or other poten-
(ii) With respect to an installation or
tially infectious materials while using first equipment of a kind which no nation-
aid supplies, employers are required to pro- ally recognized testing laboratory ac-
vide appropriate personal protective equip- cepts, certifies, lists, labels, or deter-
ment (PPE) in compliance with the provi- mines to be safe, if it is inspected or
sions of the Occupational Exposure to Blood tested by another Federal agency and
borne Pathogens standard, § 1910.1030(d)(3) (56 found in compliance with the provi-
FR 64175). This standard lists appropriate
sions of the applicable National Fire
PPE for this type of exposure, such as
gloves, gowns, face shields, masks, and eye Protection Association Fire Code; or
protection. (iii) With respect to custom-made
equipment or related installations
FR 33466, June 18, 1998; 70 FR 1141, Jan. 5,
which are designed, fabricated for, and
2005] intended for use by its manufacturer
on the basis of test data which the em-
§ 1910.152 [Reserved] ployer keeps and makes available for
inspection to the Assistant Secretary.
Subpart L—Fire Protection (iv) For the purposes of paragraph
(c)(3) of this section:
(A) Equipment is listed if it is of a
kind mentioned in a list which is pub-
U.S.C. 653, 655, 657); Secretary of Labor’s lished by a nationally recognized test-
Order No. 12–71 (36 FR 8754), 8–76 (41 FR ing laboratory which makes periodic
25059), 9–83 (48 F 35736), 6–96 (62 FR 111), or 3– inspections of the production of such
2000 (65 FR 50017), as applicable; and 29 CFR equipment and which states that such
part 1911. equipment meets nationally recognized
standards or has been tested and found
§ 1910.155 Scope, application and defi- safe for use in a specified manner;
nitions applicable to this subpart.
(B) Equipment is labeled if there is
(a) Scope. This subpart contains re- attached to it a label, symbol, or other
quirements for fire brigades, and all identifying mark of a nationally recog-
portable and fixed fire suppression nized testing laboratory which makes
equipment, fire detection systems, and periodic inspections of the production
fire or employee alarm systems in- of such equipment, and whose labeling
stalled to meet the fire protection re- indicates compliance with nationally
quirements of 29 CFR part 1910. recognized standards or tests to deter-
(b) Application. This subpart applies mine safe use in a specified manner;
to all employments except for mari- (C) Equipment is accepted if it has
time, construction, and agriculture. been inspected and found by a nation-
(c) Definitions applicable to this sub- ally recognized testing laboratory to
part. (1) After-flame means the time a conform to specified plans or to proce-
test specimen continues to flame after dures of applicable codes; and
the flame source has been removed. (D) Equipment is certified if it has
(2) Aqueous film forming foam (AFFF) been tested and found by a nationally
means a fluorinated surfactant with a recognized testing laboratory to meet
foam stabilizer which is diluted with nationally recognized standards or to
water to act as a temporary barrier to be safe for use in a specified manner or
exclude air from mixing with the fuel is of a kind whose production is peri-
vapor by developing an aqueous film on odically inspected by a nationally rec-
the fuel surface of some hydrocarbons ognized testing laboratory, and if it
492
bears a label, tag, or other record of (14) Education means the process of
certification. imparting knowledge or skill through
(E) Refer to § 1910.7 for definition of systematic instruction. It does not re-
nationally recognized testing labora- quire formal classroom instruction.
tory. (15) Enclosed structure means a struc-
(4) Assistant Secretary means the As- ture with a roof or ceiling and at least
sistant Secretary of Labor for Occupa- two walls which may present fire haz-
tional Safety and Health or designee. ards to employees, such as accumula-
(5) Automatic fire detection device tions of smoke, toxic gases and heat,
means a device designed to automati- similar to those found in buildings.
cally detect the presence of fire by (16) Extinguisher classification means
heat, flame, light, smoke or other prod- the letter classification given an extin-
ucts of combustion. guisher to designate the class or class-
(6) Buddy-breathing device means an es of fire on which an extinguisher will
accessory to self-contained breathing be effective.
apparatus which permits a second per- (17) Extinguisher rating means the nu-
son to share the same air supply as merical rating given to an extinguisher
that of the wearer of the apparatus. which indicates the extinguishing po-
(7) Carbon dioxide means a colorless, tential of the unit based on standard-
odorless, electrically nonconductive ized tests developed by Underwriters’
inert gas (chemical formula CO2) that Laboratories, Inc.
is a medium for extinguishing fires by (18) Fire brigade (private fire depart-
reducing the concentration of oxygen ment, industrial fire department)
or fuel vapor in the air to the point means an organized group of employees
where conbustion is impossible. who are knowledgeable, trained, and
(8) Class A fire means a fire involving skilled in at least basic fire fighting
ordinary combustible materials such as operations.
paper, wood, cloth, and some rubber (19) Fixed extinguishing system means
and plastic materials. a permanently installed system that
(9) Class B fire means a fire involving either extinguishes or controls a fire at
flammable or combustible liquids, the location of the system.
flammable gases, greases and similar (20) Flame resistance is the property of
materials, and some rubber and plastic materials, or combinations of compo-
materials. nent materials, to retard ignition and
(10) Class C fire means a fire involving restrict the spread of flame.
energized electrical equipment where (21) Foam means a stable aggregation
safety to the employee requires the use of small bubbles which flow freely over
of electrically nonconductive extin- a burning liquid surface and form a co-
guishing media. herent blanket which seals combus-
(11) Class D fire means a fire involving tible vapors and thereby extinguishes
combustible metals such as magne- the fire.
sium, titanium, zirconium, sodium, (22) Gaseous agent is a fire extin-
lithium and potassium. guishing agent which is in the gaseous
(12) Dry chemical means an extin- state at normal room temperature and
guishing agent composed of very small pressure. It has low viscosity, can ex-
particles of chemicals such as, but not pand or contract with changes in pres-
limited to, sodium bicarbonate, potas- sure and temperature, and has the abil-
sium bicarbonate, urea-based potas- ity to diffuse readily and to distribute
sium bicarbonate, potassium chloride, itself uniformly throughout an enclo-
or monoammonium phosphate supple- sure.
mented by special treatment to provide (23) Halon 1211 means a colorless,
resistance to packing and moisture ab- faintly sweet smelling, electrically
sorption (caking) as well as to provide nonconductive liquefied gas (chemical
proper flow capabilities. Dry chemical formula CBrC1F2) which is a medium
does not include dry powders. for extinguishing fires by inhibiting
(13) Dry powder means a compound the chemical chain reaction of fuel and
used to extinguish or control Class D oxygen. It is also known as
fires. bromochlorodifluoromethane.
493
(24) Halon 1301 means a colorless, tive trousers which forms the outer-
odorless, electrically nonconductive most barrier between the fire fighter
gas (chemical formula CBrF3) which is and the environment. It is attached to
a medium for extinguishing fires by in- the vapor barrier and liner and is usu-
hibiting the chemical chain reaction of ally constructed with a storm flap,
fuel and oxygen. It is also known as suitable closures, and pockets.
bromotrifluoromethane. (34) Positive-pressure breathing appa-
(25) Helmet is a head protective device ratus means self-contained breathing
consisting of a rigid shell, energy ab- apparatus in which the pressure in the
sorption system, and chin strap in- breathing zone is positive in relation to
tended to be worn to provide protection the immediate environment during in-
for the head or portions thereof, halation and exhalation.
against impact, flying or falling ob- (35) Pre-discharge employee alarm
jects, electric shock, penetration, heat means an alarm which will sound at a
and flame. set time prior to actual discharge of an
(26) Incipient stage fire means a fire extinguishing system so that employ-
which is in the initial or beginning ees may evacuate the discharge area
stage and which can be controlled or prior to system discharge.
extinguished by portable fire extin- (36) Quick disconnect valve means a
guishers, Class II standpipe or small device which starts the flow of air by
hose systems without the need for pro- inserting of the hose (which leads from
tective clothing or breathing appa- the facepiece) into the regulator of
ratus. self-contained breathing apparatus,
(27) Inspection means a visual check and stops the flow of air by disconnec-
of fire protection systems and equip- tion of the hose from the regulator.
ment to ensure that they are in place, (37) Sprinkler alarm means an ap-
charged, and ready for use in the event proved device installed so that any wa-
of a fire. terflow from a sprinkler system equal
(28) Interior structural fire fighting to or greater than that from single
means the physical activity of fire sup- automatic sprinkler will result in an
pression, rescue or both, inside of audible alarm signal on the premises.
buildings or enclosed structures which (38) Sprinkler system means a system
are involved in a fire situation beyond of piping designed in accordance with
the incipient stage. fire protection engineering standards
(29) Lining means a material perma- and installed to control or extinguish
nently attached to the inside of the fires. The system includes an adequate
outer shell of a garment for the pur- and reliable water supply, and a net-
pose of thermal protection and pad- work of specially sized piping and
ding. sprinklers which are interconnected.
(30) Local application system means a The system also includes a control
fixed fire suppression system which has valve and a device for actuating an
a supply of extinguishing agent, with alarm when the system is in operation.
nozzles arranged to automatically dis- (39) Standpipe systems. (i) Class I
charge extinguishing agent directly on standpipe system means a 21⁄2″ (6.3 cm)
the burning material to extinguish or hose connection for use by fire depart-
control a fire. ments and those trained in handling
(31) Maintenance means the perform- heavy fire streams.
ance of services on fire protection (ii) Class II standpipe system means a
equipment and systems to assure that 11⁄2″ (3.8 cm) hose system which pro-
they will perform as expected in the vides a means for the control or extin-
event of a fire. Maintenance differs guishment of incipient stage fires.
from inspection in that maintenance (iii) Class III standpipe system means a
requires the checking of internal fit- combined system of hose which is for
tings, devices and agent supplies. the use of employees trained in the use
(32) Multipurpose dry chemical means a of hose operations and which is capable
dry chemical which is approved for use of furnishing effective water discharge
on Class A, Class B and Class C fires. during the more advanced stages of fire
(33) Outer shell is the exterior layer of (beyond the incipient stage) in the in-
material on the fire coat and protec- terior of workplaces. Hose outlets are
494
available for both 11⁄2″ (3.8 cm) and 21⁄2″ ganizational statement shall be avail-
(6.3 cm) hose. able for inspection by the Assistant
(iv) Small hose system means a system Secretary and by employees or their
of hose ranging in diameter from 5⁄8″ designated representatives.
(1.6 cm up to 11⁄2″ (3.8 cm) which is for (2) Personnel. The employer shall as-
the use of employees and which pro- sure that employees who are expected
vides a means for the control and ex- to do interior structural fire fighting
tinguishment of incipient stage fires. are physically capable of performing
(40) Total flooding system means a duties which may be assigned to them
fixed suppression system which is ar- during emergencies. The employer
ranged to automatically discharge a shall not permit employees with known
predetermined concentration of agent heart disease, epilepsy, or emphysema,
into an enclosed space for the purpose to participate in fire brigade emer-
of fire extinguishment or control. gency activities unless a physician’s
(41) Training means the process of certificate of the employees’ fitness to
making proficient through instruction participate in such activities is pro-
and hands-on practice in the operation vided. For employees assigned to fire
of equipment, including respiratory brigades before September 15, 1980, this
protection equipment, that is expected paragraph is effective on September 15,
to be used and in the performance of 1990. For employees assigned to fire
assigned duties. brigades on or after September 15, 1980,
(42) Vapor barrier means that mate- this paragraph is effective December
rial used to prevent or substantially in- 15, 1980.
hibit the transfer of water, corrosive (c) Training and education. (1) The
liquids and steam or other hot vapors employer shall provide training and
from the outside of a garment to the education for all fire brigade members
wearer’s body. commensurate with those duties and
[45 FR 60704, Sept. 12, 1980, as amended at 53 functions that fire brigade members
FR 12122, Apr. 12, 1988] are expected to perform. Such training
and education shall be provided to fire
§ 1910.156 Fire brigades. brigade members before they perform
(a) Scope and application—(1) Scope. fire brigade emergency activities. Fire
This section contains requirements for brigade leade

CFR 29 Part 1900 (1900 To 1910.999)

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CFR 29 Part 1900 (1900 To 1910.999)

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29 http://www.smartpdf.

Parts 1900 to 1910.999

Containing a codification of documents

A Special Edition of the Federal Register

Legal Status and Use of Seals and Logos

Use of ISBN Prefix

U.S. GOVERNMENT PRINTING OFFICE

U.S. Superintendent of Documents • Washington, DC 20402–0001

Subtitle B—Regulations Relating to Labor (Continued)

Chapter XVII—Occupational Safety and Health Administration,

Material Approved for Incorporation by Reference ............................ 967

Table of CFR Titles and Chapters ....................................................... 977

Alphabetical List of Agencies Appearing in the CFR ......................... 955

List of CFR Sections Affected ............................................................. 1005

To cite the regulations in

to display an OMB control number with their information collection request.

293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.

SUBTITLE B—REGULATIONS RELATING TO LABOR (CONTINUED)

CHAPTER XVII—Occupational Safety and Health Administra-

1902.10 Submission. 1902.47 Reconsideration of an affirmative

opmental steps. working man and woman in the Nation

the Assistant Secretary may approve a by statute, regulation, or agreement,

as effective as that provided in section extent permitted by State law, an ef-

(2) Establish alternative standards, processes, by such means as estab-

an opportunity to participate in such logical procedures with respect to such

hazards, including monitoring or meas- (v) Provides necessary and appro-

tion. fidentiality of trade secrets.

pursuant thereto. plan and supporting materials. If the

in whose region the State is located, thereof.

§ 1902.14 Formal hearing. (3) For any other reason.

§ 1902.21(b) interested persons partici- actual operation meeting the criteria

United States or of a State. ations under the Federal program in

providing safe and healthful employ- determination and the resumption of

the revocation of the affirmative 18(e)

§ 1902.34 Certification of completion of completed all the developmental steps

standards in actual operations. agency has sought administrative and

judicial review of adverse adjudica- § 1902.39 Completion of evaluation.

FR 58746, Nov. 11, 1977] ation in making such determination.

Where a portion of a plan is in issue for § 1902.40 Informal hearing.

reasonable time, generally not less determination, he shall publish a no-

proposes to revoke an affirmative 18(e) tion.

FR 111), as applicable. keep posted a notice or notices, to be

furnished by the Occupational Safety tablishment, to the extent that such

§ 1903.5 Entry not a waiver. tion. An employer who fails to comply

exposures and the attachment of per- ployer and employee representative

cretion, may hold an informal con- lated a requirement of section 5 of the

cation of his determination and the istence of any condition or practice

that could reasonably be expected to (1) A copy of such petition shall be

plaining the delay. penalty shall state that the proposed

penalty shall be deemed to be the final material. Notices of de minimis viola-

altered, defaced, or covered by other be postmarked within 15 working days

tion is required. abatement activities covered by this

tive. submitted to the Agency;

(ii) The cited equipment has been llllllllllllllllllllllll

this document is accurate. same for each of the citation items.

APPENDIX C TO SECTION 1903.19—SAMPLE WARNING TAG (NONMANDATORY)

[62 FR 15337, Mar. 31, 1997]

§ 1903.20 Informal conferences. ference for the purpose of discussing

rector may hold an informal con-

Labor, to conduct inspections. 15337, Mar. 31, 1997]

Statistics for data. more employees.

SIC code Industry description SIC code Industry description

Subpart C—Recordkeeping Forms (b) Implementation—(1) What sections