OSHA 1910 - General Industry Standards 2016

Subtitle B—Regulations
Relating to Labor
(Continued)
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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 ......... 30
1904 Recording and reporting occupational injuries and
illnesses ................................................................ 48
1905 Rules of practice for variances, limitations, vari-
ations, tolerances, and exemptions under the
Williams-Steiger Occupational Safety and
Health Act of 1970 ................................................. 76
1906 Administration witnesses and documents in pri-
vate litigation [Reserved]
1908 Consultation agreements ........................................ 86
1910 Occupational safety and health standards .............. 98
Subject Index for 29 CFR Part 1910—Occupational
Safety and Health Standards ............................... 948
PARTS 1900–1901 [RESERVED] COMPLETION OF DEVELOPMENTAL STEPS—
CERTIFICATION
PART 1902—STATE PLANS FOR THE 1902.33 Developmental period.

1902.34 Certification of completion of devel-
DEVELOPMENT AND ENFORCE- opmental steps.
MENT OF STATE STANDARDS 1902.35 Effect of certification.
Subpart A—General BASIS FOR 18(e) DETERMINATIONS

1902.36 General provisions.
Sec.
1902.37 Factors for determination.
1902.1 Purpose and scope.
1902.2 General policies. PROCEDURES FOR 18(e) DETERMINATION
Subpart B—Criteria for State Plans 1902.38 Evaluation of plan following certifi-
cation.
1902.3 Specific criteria. 1902.39 Completion of evaluation.
1902.4 Indices of effectiveness. 1902.40 Informal hearing.
1902.5 Intergovernmental Cooperation Act 1902.41 Decision.
of 1968. 1902.42 Effect of affirmative 18(e) deter-
1902.6 Consultation with the National Insti- mination.
tute for Occupational Safety and Health. 1902.43 Affirmative 18(e) decision.
1902.7 Injury and illness recording and re- 1902.44 Requirements applicable to State
porting requirements. plans granted affirmative 18(e) deter-
1902.8 Variations and variances. minations.
1902.9 Requirements for approval of State 1902.45 [Reserved]
posters. 1902.46 Negative 18(e) determination.
Subpart C—Procedures for Submission, PROCEDURE FOR RECONSIDERATION AND REV-
Approval and Rejection of State Plans OCATION OF AN AFFIRMATIVE 18(e) DETER-
MINATION
1902.10 Submission.
1902.47 Reconsideration of an affirmative
PROCEDURE FOR PROPOSED OR POSSIBLE 18(e) determination.
APPROVAL OF PLAN 1902.48 The proceeding.
1902.49 General notice.
1902.11 General notice.
1902.12 Opportunity for modifications and 1902.50 Informal hearing.
clarifications. 1902.51 Certification of the records of a
1902.13 Informal hearing. hearing.
1902.14 Formal hearing. 1902.52 Decision.
1902.15 Certification of the record of a hear- 1902.53 Publication of decisions.
ing. AUTHORITY: Secs. 8 and 18, 84 Stat. 1608 (29
1902.16 Partial approval of State plans. U.S.C. 657, 667); Secretary of Labor’s Order
No. 1–2012 (77 FR 3912, Jan. 25, 2012).
PROCEDURE FOR PROPOSED OR POSSIBLE
REJECTION OF PLAN EFFECTIVE DATE NOTE 1: At 81 FR 43452,
July 1, 2016, the authority citation for part
1902.17 The proceeding.
1902 was revised, effective Aug. 1, 2016. For
1902.18 Previous hearing or other oppor-
the convenience of the user, the revised text
tunity for comment on plan.
is set forth as follows:
1902.19 Notice of hearing.
AUTHORITY: Secs. 8 and 18 of the Occupa-
DECISIONS tional Safety and Health Act of 1970 (29
U.S.C. 657, 667); 28 U.S.C. 2461 note (Federal
1902.20 Decision following informal pro- Civil Penalties Inflation Adjustment Act of
ceeding. 1990), as amended by Section 701, Pub. L. 114–
1902.21 Tentative decision following formal 74; Secretary of Labor’s Order No. 1–2012 (77
proceeding. FR 3912, Jan. 25, 2012).
1902.22 Final decision following formal pro-
ceeding. EFFECTIVE DATE NOTE 2: At 81 FR 29694,
1902.23 Publication of decisions. May 12, 2016, the authority citation for part
1902 was revised, effective Jan. 1, 2017. For
Subpart D—Procedures for Determinations the convenience of the user, the revised text
Under Section 18(e) of the Act is set forth as follows:
AUTHORITY: Sec. 18, 84 Stat. 1608 (29 U.S.C.
GENERAL 667); Secretary of Labor’s Order No. 1–2012 (77
FR 3912, Jan. 25, 2012).

1902.30 Purpose and scope.
1902.31 Definitions. SOURCE: 36 FR 20751, Oct. 29, 1971, unless
1902.32 General policies. otherwise noted.
§ 1902.1 29 CFR Ch. XVII (7–1–16 Edition)
Subpart A—General gated under section 6 of the Act which

relate to the same issues.
§ 1902.1 Purpose and scope. (c)(1) If the Assistant Secretary ap-
(a) This part applies the provisions of proves a State plan submitted under
section 18 of the Williams-Steiger Oc- section 18(b), he may, but is not re-
cupational Safety and Health Act of quired to, exercise his enforcement au-
1970 (hereinafter referred to as the Act) thority with respect to Federal stand-
relating to State plans for the develop- ards corresponding to standards ap-
ment and enforcement of State occupa- proved under the plan until he deter-
tional safety and health standards. The mines, in accordance with section 18(e)
provisions of the part set forth the proof the Act, on the basis of actual oper-
cedures by which the Assistant Sec- ations under the plan, that the State is
retary for Occupational Safety and applying the criteria of section 18(c) of
Health (hereinafter referred to as the the Act. The Assistant Secretary shall
Assistant Secretary) under a delega- not make this determination (i) for at
tion of authority from the Secretary of least 3 years after initial approval of
Labor (Secretary’s Order No. 12–71, 36 the plan, and (ii) in the case of a devel-
FR 8754, May 12, 1971) will approve or opmental plan approved under
reject State plans submitted to the § 1902.2(b), until the State has com-
Secretary. In the Act, Congress de- pleted all the steps specified in its plan
clared it to be its purpose and policy which are designed to make it at least
‘‘* * * to assure so far as possible every as effective as the Federal program and
working man and woman in the Nation the Assistant Secretary has had at
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 (3) Whenever the Assistant Secretary
standards which are or will be at least determines, after giving notice and af-
as effective in providing safe and fording the State an opportunity for a

healthful employment and places of hearing, that in the administration of
employment as the standards promul- the State plan there is a failure to
Occupational Safety and Health Admin., Labor § 1902.2
comply substantially with any provi- will be at least as effective in providing

sion of the plan or any assurance con- safe and healthful employment and
tained therein, he shall withdraw ap- places of employment as standards pro-
proval of such plan in whole or in part, mulgated and enforced under section 6
and upon notice the State shall cease of the Act on the same issues. In deter-
operations under any disapproved plan mining whether a State plan satisfies
or part thereof, except that it will be the requirement of effectiveness, the
permitted to retain jurisdiction as to Assistant Secretary will measure the
any case commenced before withdrawal plan against the indices of effective-
of approval whenever the issues in- ness set forth in § 1902.4.
volved do not relate to the reasons for (b) Developmental plan. A State plan
the withdrawal of the plan. for an occupational safety and health
(4) A determination of approval of a program may be approved although,
State plan under section 18(e) does not upon submission it does not fully meet
affect the authority and responsibility the criteria set forth in § 1902.3, if it in-
of the Assistant Secretary to enforce cludes satisfactory assurances by the
Federal standards covering issues not State that it will take the necessary
included under the State plan. steps to bring the State program into
(d) The policy of the Act is to encour- conformity with these criteria within
age the assumption by the States of the 3-year period immediately fol-
the fullest responsibility for the devel- lowing the commencement of the
opment and enforcement of their own plan’s operation. In such case, the
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
the end of 3 years from the date of (b) Designation of State agency. (1) The
commencement of the plan’s develop- State plan shall designate a State
ment, the State is found by the Assist- agency or agencies as the agency or
ant Secretary, after affording the State agencies responsible for administering
notice and opportunity for a hearing, the plan throughout the State.
not to have substantially completed (2) The plan shall also describe the
the developmental steps of the plan, authority and responsibilities vested in
the Assistant Secretary shall withdraw such agency or agencies. The plan shall
the approval of the plan. contain assurances that any other re-
(c) Scope of State plan. (1) A State sponsibilities of the designated agency
plan may cover any occupational safe- shall not detract significantly from the
ty and health issue with respect to resources and priorities assigned to ad-
which a Federal standard has been pro- ministration of the plan.
mulgated under section 6 of the Act. (3) A State agency or agencies must
An ‘‘issue’’ is considered to be an in- be designated with overall responsi-
dustrial, occupational or hazard group- bility for administering the plan
ing which is at least as comprehensive throughout the State. However, polit-
as a corresponding grouping contained ical subdivisions of the State may have
in (i) one or more sections in subpart B the responsibility and authority for the
or R of part 1910 of this chapter, or (ii) development and enforcement of stand-
one or more of the remaining subparts ards, provided that the State agency or
of part 1910. However, for cause shown agencies are given adequate authority
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.
In situations where section 18(c)(2) is
§ 1902.3 Specific criteria. considered applicable, and provision is
(a) General. A State plan must meet made for the adoption of product
the specific criteria set forth in this standards, the requirements of section
section. 18(c)(2), as they relate to undue burden
10
on interstate commerce, shall be treat- essary for the enforcement of the

ed as a condition subsequent in light of standards. For this purpose qualified
the facts and circumstances which may personnel means persons employed on a
be involved. merit basis, including all persons en-
(d) Enforcement. (1) The State plan gaged in the development of standards
shall provide a program for the en- and the administration of the State
forcement of the State standards which plan. Conformity with the Standards
is, or will be, at least as effective as for a Merit System of Personnel Ad-
that provided in the Act, and provide ministration, 45 CFR part 70, issued by
assurances that the State’s enforce- the Secretary of Labor, including any
ment program will continue to be at amendments thereto, and any stand-
least as effective as the Federal pro- ards prescribed by the U.S. Civil Serv-
gram. Indices of the effectiveness of a ice Commission pursuant to section 208
State’s enforcement plan against which of the Intergovernmental Personnel
the Assistant Secretary will measure Act of 1970 (Pub. L. 91–648; 84 Stat. 1915)
the State plan in determining whether modifying or superseding such stand-
it is approvable are set forth in ards, will be deemed to meet this re-
§ 1902.4(c). quirement.
(2) The State plan shall require em- (i) Resources. The State plan shall
ployers to comply with all applicable contain satisfactory assurances
State occupational safety and health through the use of budget, organiza-
standards covered by the plan and all tional description, and any other ap-
applicable rules issued thereunder, and propriate means that the State will de-
employees to comply with all stand- vote adequate funds to the administra-
ards, rules, and orders applicable to tion and enforcement of the program.
their conduct. The Assistant Secretary will make
(e) Right of entry and inspection. The periodic evaluations of the adequacy of
State plan shall contain adequate as- the State resources devoted to the
surance that inspectors will have a plan.
right to enter and inspect covered (j) Employer records and reports. The
workplaces which is, or will be, at least State plan shall provide assurances
as effective as that provided in section that employers covered by the plan
8 of the Act. Where such entry or in- will maintain records and make reports
spection is refused, the State agency or to the Assistant Secretary in the same
agencies shall have the authority, manner and to the same extent as if
through appropriate legal process, to the plan were not in effect.
compel such entry and inspection. (k) State agency reports to the Assistant
(f) Prohibition against advance notice. Secretary. The State plan shall provide
The State plan shall contain a prohibi- assurances that the designated agency
tion against advance notice of inspec- or agencies shall make such reasonable
tions. Any exceptions must be ex- reports to the Assistant Secretary in
pressly authorized by the head of the such form and containing such infor-
designated agency or agencies or his mation as he may from time to time
representative and such exceptions require. The agency or agencies shall
may be no broader than those author- establish specific goals, consistent with
ized under the Act and the rules pub- the goals of the Act, including meas-
lished in part 1903 of this chapter relat- ures of performance, output and results
ing to advance notice. which will determine the efficiency and
(g) Legal authority. The State plan effectiveness of the State program, and
shall contain satisfactory assurances shall make periodic reports to the As-
that the designated agency or agencies sistant Secretary on the extent to
have, or will have, the legal authority which the State, in implementation of
necessary for the enforcement of its its plan, has attained these goals. Re-
standards. ports will also include data and infor-
(h) Personnel. The State plan shall mation on the implementation of the
provide assurance that the designated specific inspection and voluntary com-
agency or agencies have, or will have, a pliance activities included within the
sufficient number of adequately State plan. Further, these reports shall
trained and qualified personnel nec- contain such statistical information
11
pertaining to work-related deaths, in- development and promulgation of

juries, and illnesses in employments standards, obtaining the best available
and places of employment covered by evidence through research, demonstra-
the plan as the Assistant Secretary tions, experiments, and experience
may from time to time require. under this and other safety and health
(Approved by the Office of Management and laws.
Budget under control number 1218–0004) (ii) Provides an adequate method to
assure that its standards will continue
[36 FR 20751, Oct. 29, 1971, as amended at 54
to be at least as effective as Federal
FR 24333, June 7, 1989; 80 FR 49901, Aug. 18,
2015] standards, including Federal standards
relating to issues covered by the plan,
§ 1902.4 Indices of effectiveness. which become effective subsequent to
(a) General. In order to satisfy the re- any approval of the plan.
quirements of effectiveness under (iii) Provides a procedure for the de-
§ 1902.3 (c)(1) and (d)(1), the State plan velopment and promulgation of stand-
shall: ards which allows for the consideration
(1) Establish the same standards, proof pertinent factual information and
cedures, criteria and rules as have been affords interested persons, including
established by the Assistant Secretary employees, employers and the public,
under the Act, or; an opportunity to participate in such
(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, tection of employees against new and
that no employee will suffer material unforseen hazards, by such means as
impairment of health or functional ca- the authority to promulgate emer-
pacity even if such employee has reg- gency temporary standards.
ular exposure to the hazard dealt with (vi) Provides that State standards
by such standard for the period of his contain appropriate provision for the
working life, by such means as, in the furnishing to employees of information
12
regarding hazards in the workplace, in- (iii) Provides for the notification of
cluding information about suitable pre- employees, or their representatives,
cautions, relevant symptoms, and when the State decides not to take
emergency treatment in case of expo- compliance action as a result of viola-
sure, by such means as labeling, post- tions alleged by such employees or
ing, and, where appropriate, medical their representatives and further pro-
examination at no cost to employees, vides for informal review of such deci-
with the results of such examinations sions, by such means as written notifi-
being furnished only to appropriate cation of decisions not to take compli-
State officials and, if the employee so ance action and the reasons therefor,
requests, to his physician. and procedures for informal review of
(vii) Provides that State standards, such decisions and written statements
where appropriate, contain specific of the disposition of such review.
provision for the protection of employ- (iv) Provides that employees be in-
ees from exposure to hazards, by such formed of their protections and obliga-
means as containing appropriate provi- tions under the Act, including the pro-
sion for use of suitable protective visions of applicable standards, by such
equipment and for control or techno- means as the posting of notices or
logical procedures with respect to such other appropriate sources of informa-
hazards, including monitoring or meas- tion.
uring such exposure. (v) Provides necessary and appro-
(c) Enforcement. (1) The indices for priate protection to an employee
measurement of a State plan with re- against discharge or discrimination in
gard to enforcement follow in para- terms and conditions of employment
graph (c)(2) of this section. The Assist- because he has filed a complaint, testi-
ant Secretary will determine whether fied, or otherwise acted to exercise
the State plan satisfies the require- rights under the Act for himself or oth-
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 taken.
State representative during the phys- (vii) Provides procedures for the
ical inspection of the workplace, or prompt restraint or elimination of any
where there is no authorized represent- conditions or practices in covered
ative, by providing for consultation by places of employment which could rea-

the State representative with a reason- sonably be expected to cause death or
able number of employees. serious physical harm immediately or
13
before the imminence of such danger ducting training and consultation with
can be eliminated through the enforce- employers and employees.
ment procedures otherwise provided for (d) State and local government employee
in the plan, by such means as imme- programs. (1) Each approved State plan
diately informing employees and em- must contain satisfactory assurances
ployers of such hazards, taking steps to that the State will, to the extent per-
obtain immediate abatement of the mitted by its law, establish and main-
hazard by the employer, and where ap- tain an effective and comprehensive oc-
propriate, authority to initiate nec- cupational safety and health program
essary legal proceedings to require applicable to all employees of public
such abatement. agencies of the State and its political
(viii) Provides adequate safeguards to subdivisions which program is as effec-
protect trade secrets, by such means as tive as the standards contained in an
limiting access to such trade secrets to approved plan.
authorized State officers or employees (2) This criterion for approved State
concerned with carrying out the plan plans is interpreted to require the fol-
and by providing for the issuance of ap- lowing elements with regard to cov-
propriate orders to protect the con- erage, standards, and enforcement:
fidentiality of trade secrets. (i) Coverage. The program must cover
(ix) Provides that the State agency all public employees over which the
(or agencies) will have the necessary State has legislative authority under
legal authority for the enforcement of its constitution. The language in sec-
standards, by such means as provisions tion 18(c)(6) which only requires such
for appropriate compulsory process to coverage to the extent permitted by
obtain necessary evidence or testimony the State’s law specifically recognizes
in connection with inspection and en- the situation where local governments
forcement proceedings. exclusively control their own employ-
ees, such as under certain home rule
(x) Provides for prompt notice to em-
charters.
ployers and employees when an alleged
(ii) Standards. The program must be
violation of standards has occurred, in-
as effective as the standards contained
cluding the proposed abatement rein the approved plan applicable to pri-
quirements, by such means as the vate employers. Thus, the same cri-
issuance of a written citation to the teria and indices of standards effective-
employer and posting of the citation at ness contained in §§ 1902.3(c) and
or near the site of the violation; fur- 1902.4(a) and (b) would apply to the
ther provides for advising the employer public employee program. Where haz-
of any proposed sanctions, by such ards are unique to public employment,
means as a notice to the employer by all appropriate indices of effectiveness,
certified mail within a reasonable time such as those dealing with temporary
of any proposed sanctions. emergency standards, development of
(xi) Provides effective sanctions standards, employee information,
against employers who violate State variances, and protective equipment,
standards and orders, such as those would be applicable to standards for
prescribed in the Act. such hazards.
(xii) Provides for an employer to (iii) Enforcement. Although section
have the right of review of violations 18(c)(6) of the Act requires State public
alleged by the State, abatement peri- employee programs to be as effective
ods, and proposed penalties and for em- as standards contained in the State
ployees or their representatives to plan, minimum enforcement elements
have an opportunity to participate in are required to ensure an effective and
review proceedings, by such means as comprehensive public employee pro-
providing for administrative or judicial gram as follows:
review, with an opportunity for a full (A) Regular inspections of work-
hearing on the issues. places, including inspections in re-
(xiii) Provides that the State will un- sponse to valid employee complaints;
dertake programs to encourage vol- (B) A means for employees to bring

untary compliance by employers and possible violations to the attention of
employees by such means as con- inspectors;
14
(C) Notification to employees, or the purpose of this part, as expressed in

their representatives, of decisions that § 1902.1.
no violations are found as a result of [36 FR 20751, Oct. 29, 1971, as amended at 80
complaints by such employees or their FR 49901, Aug. 18, 2015]
representatives, and informal review of
EFFECTIVE DATE NOTE: At 81 FR 43452, July
such decisions; 1, 2016, § 1902.4 was amended by revising para-
(D) A means of informing employees graph (c)(2)(xi), effective Aug. 1, 2016. For the
of their protections and obligations convenience of the user, the revised text is
under the Act; set forth as follows:
(E) Protection for employees against § 1902.4 Indices of effectiveness.
discharge of discrimination because of
the exercise of rights under the Act;
* * * * *
(F) Employee access to information
on their exposure to toxic materials or (c) * * *
(2) * * *
harmful physical agents and prompt (xi) Provides effective sanctions against
notification to employees when they employers who violate State standards and
have been or are being exposed to such orders, such as those set forth in the Act,
materials or agents at concentrations and in 29 CFR 1903.15(d).
or levels above those specified by the
applicable standards; * * * * *
(G) Procedures for the prompt re-
straint or elimination of imminent § 1902.5 Intergovernmental Coopera-
danger situations; tion Act of 1968.
(H) A means of promptly notifying This part shall be construed in a
employers and employees when an al- manner consistent with the Intergov-
leged violation has occurred, including ernmental Cooperation Act of 1968 (42
the proposed abatement requirements; U.S.C. 4201–4233), and any regulations
(I) A means of establishing time- pursuant thereto.
tables for the correction of violations; § 1902.6 Consultation with the Na-
(J) A program for encouraging vol- tional Institute for Occupational
untary compliance; and Safety and Health.
(K) Such other additional enforce- The Assistant Secretary will consult,
ment provisions under State law as as appropriate, with the Director of the
may have been included in the State National Institute for Occupational
plan. Safety and Health with regard to plans
(3) In accordance with § 1902.3(b)(3), submitted by the States under this
the State agency or agencies des- part.
ignated to administer the plan
throughout the State must retain over- § 1902.7 Injury and illness recording
and reporting requirements.
all responsibility for the entire plan.
Political subdivisions may have the re- (a) Injury and illness recording and
sponsibility and authority for the de- reporting requirements promulgated by
velopment and enforcement of stand- State-Plan States must be substan-
ards: Provided, that the designated tially identical to those in 29 CFR part
State agency or agencies have ade- 1904 on recording and reporting occupa-
quate authority by statute, regulation, tional injuries and illnesses. State-
or agreement to insure that the com- Plan States must promulgate recording
and reporting requirements that are
mitments of the State under the plan
the same as the Federal requirements
will be fulfilled.
for determining which injuries and ill-
(e) Additional indices. Upon his own nesses will be entered into the records
motion or after consideration of data, and how they are entered. All other in-
views and arguments received in any jury and illness recording and report-
proceeding held under subpart C of this ing requirements that are promulgated
part, the Assistant Secretary may pre- by State-Plan States may be more
scribe additional indices for any State stringent than, or supplemental to, the
plan which shall be in furtherance of Federal requirements, but, because of
15
the unique nature of the national rec- § 1902.8 Variations and variances.
ordkeeping program, States must con-
(a) The power of the Secretary of
sult with OSHA and obtain approval of
Labor under section 16 of the Act to
such additional or more stringent re-
provide reasonable limitations and
porting and recording requirements to
variations, tolerances, and exemptions
ensure that they will not interfere with
to and from any or all provisions of the
uniform reporting objectives. State-
Act as he may find necessary and prop-
Plan States must extend the scope of
er to avoid serious impairment of the
their regulation to State and local gov-
national defense is reserved.
ernment employers.
(b) No action by a State under a plan
(b) A State may not grant a variance
shall be inconsistent with action by
to the injury and illness recording and
reporting requirements for private sec- the Secretary under this section of the
tor employers. Such variances may Act.
only be granted by Federal OSHA to (c) Where a State standard is iden-
assure nationally consistent workplace tical to a Federal standard addressed
injury and illness statistics. A State to the same hazard, an employer or
may only grant a variance to the in- group of employers seeking a tem-
jury and illness recording and report- porary or permanent variance from
ing requirements for State or local such standard, or portion thereof, to be
government entities in that State after applicable to employment or places of
obtaining approval from Federal employment in more than one State,
OSHA. including at least one State with an
(c) A State must recognize any vari- approved plan, may elect to apply to
ance issued by Federal OSHA. the Assistant Secretary for such vari-
ance under the provisions of 29 CFR
(d) A State may, but is not required,
part 1905.
to participate in the Annual OSHA In-
jury/Illness Survey as authorized by 29 (d) Actions taken by the Assistant
CFR 1904.41. A participating State may Secretary with respect to such applica-
either adopt requirements identical to tion for a variance, such as interim or-
§ 1904.41 in its recording and reporting ders, with respect thereto, the grant-
regulation as an enforceable State re- ing, denying, or issuing any modifica-
quirement, or may defer to the Federal tion or extension thereof, will be
regulation for enforcement. Nothing in deemed prospectively an authoritative
any State plan shall affect the duties interpretation of the employer or em-
of employers to comply with § 1904.41, ployers’ compliance obligations with
when surveyed, as provided by section regard to the State standard, or por-
18(c)(7) of the Act. tion thereof, identical to the Federal
standard, or portion thereof, affected
[80 FR 49902, Aug. 18, 2015] by the action in the employment or
EFFECTIVE DATE NOTE: At 81 FR 29694, May places of employment covered by the
12, 2016, § 1902.7 was amended by revising application.
paragraph (d), effective Jan. 1, 2017. For the (e) Nothing herein shall affect the op-
convenience of the user, the revised text is tion of an employer or employers seek-
set forth as follows: ing a temporary or permanent variance
with applicability to employment or
§ 1902.7 Injury and illness recording and re-
porting requirements. places of employment in more than one
State to apply for such variance either
to the Assistant Secretary or the indi-
* * * * * vidual State agencies involved. How-
(d) As provided in section 18(c)(7) of the ever, the filing with, as well as grant-
Act, State Plan States must adopt require- ing, denial, modification, or revocation
ments identical to those in 29 CFR 1904.41 in of a variance request or interim order
their recordkeeping and reporting regula- by, either authority (Federal or State)
tions as enforceable State requirements. The
shall preclude any further substantive
data collected by OSHA as authorized by
§ 1904.41 will be made available to the State consideration of such application on
Plan States. Nothing in any State plan shall the same material facts for the same
affect the duties of employers to comply employment or place of employment
with § 1904.41. by the other authority.
16
(f) Nothing herein shall affect either obligations and address the items list-
Federal or State authority and obliga- ed in paragraph (a)(5) of this section.
tions to cite for noncompliance with (5) In developing the poster, the
standards in employment or places of State shall address but not be limited
employment where no interim order, to the following items:
variance, or modification or extension (i) Responsibilities of the State, em-
thereof, granted under State or Federal ployers and employees;
law applies, or to cite for noncompli- (ii) The right of employees or their
ance with such Federal or State vari-
representatives to request workplace
ance action.
inspections;
[80 FR 49902, Aug. 18, 2015] (iii) The right of employees making
such requests to remain anonymous;
§ 1902.9 Requirements for approval of (iv) The right of employees to par-
State posters.
ticipate in inspections;
(a)(1) In order to inform employees of (v) Provisions for prompt notice to
their protections and obligations under employers and employees when alleged
applicable State law, of the issues not violations occur;
covered by State law, and of the con- (vi) Protection for employees against
tinuing availability of Federal moni- discharge or discrimination for the ex-
toring under section 18(f) of the Act, ercise of their rights under Federal and
States with approved plans shall de-
State law;
velop and require employers to post a
(vii) Sanctions;
State poster meeting the requirements
set out in paragraph (a)(5) of this sec- (viii) A means of obtaining further
tion. information on State law and stand-
(2) Such poster shall be substituted ards and the address of the State agen-
for the Federal poster under section cy;
8(c)(1) of the Act and § 1903.2 of this (ix) The right to file complaints with
chapter where the State attains oper- the Occupational Safety and Health
ational status for the enforcement of Administration about State program
State standards as defined in § 1954.3(b) administration;
of this chapter. (x) A list of the issues as defined in
(3) Where a State has distributed its § 1902.2(c) which will not be covered by
poster and has enabling legislation as State plan;
defined in § 1954.3(b)(1) of this chapter (xi) The address of the Regional Of-
but becomes nonoperational under the fice of the Occupational Safety and
provisions of § 1954.3(f)(1) of this chap- Health Administration; and
ter because of failure to be at least as (xii) Such additional employee pro-
effective as the Federal program, the tection provisions and obligations
approved State poster may, at the dis- under State law as may have been in-
cretion of the Assistant Secretary, concluded in the approved State plan.
tinue to be substituted for the Federal
(b) Posting of the State poster shall
poster in accordance with paragraph
be recognized as compliance with the
(a)(2) of this section.
posting requirements in section 8(c)(1)
(4) A State may, for good cause
of the Act and § 1903.2 of this chapter,
shown, request, under 29 CFR part 1953,
approval of an alternative to a State provided that the poster has been ap-
poster for informing employees of their proved in accordance with subpart B of
protections and obligations under the part 1953 of this chapter. Continued
State plans, provided such alternative Federal recognition of the State poster
is consistent with the Act, is also subject to pertinent findings of
§ 1902.4(c)(2)(iv) and applicable State effectiveness with regard to the State
law. In order to qualify as a substitute program under 29 CFR part 1954.
for the Federal poster under this para- [80 FR 49902, Aug. 18, 2015]
graph (a), such alternative must be
shown to be at least as effective as the

Federal poster requirements in inform-
ing employees of their protections and
17
Subpart C—Procedures for Sub- PROCEDURE FOR PROPOSED OR POSSIBLE

mission, Approval and Rejec- APPROVAL OF PLAN
tion of State Plans § 1902.11 General notice.
§ 1902.10 Submission. (a) Upon receipt of a State plan sub-
(a) An authorized representative of mitted by an Assistant Regional Direc-
the State agency or agencies respon- tor under § 1902.10 whenever the Assist-
sible for administering the plan shall ant Secretary proposes to approve the
submit one copy of the plan to the ap- plan, or to give notice that such ap-
propriate Assistant Regional Director proval is an issue before him, he shall
of the Occupational Safety and Health publish in the FEDERAL REGISTER a no-
Administration, U.S. Department of tice meeting the requirements of the
Labor. The State plan shall include remaining paragraphs of this section.
supporting papers conforming to the No later than 5 days following the pub-
requirements specified in the subpart B lication of the notice in the FEDERAL
of this part, and the State occupational REGISTER, the applying State agency
safety and health standards to be in- shall publish, or cause to be published,
cluded in the plan, including a copy of within the State reasonable notice con-
any specific or enabling State laws and taining the same information.
regulations relating to such standards. (b) The notice shall indicate the sub-
If any of the representations con- mission of the plan and its contents,
cerning the requirements of subpart B and any proposals, subjects, or issues
of this part are dependent upon any ju- involved.
dicial or administrative interpreta- (c) The notice shall provide that the
tions of the State standards or enforce- plan, or copies thereof, shall be avail-
ment provisions, the State shall fur- able for inspection and copying at the
nish citations to any pertinent judicial office of the Director, Office of State
decisions and the text of any pertinent Programs, Occupational Safety and
administrative decisions. Health Administration, office of the
(b) Upon receipt of the State plan the Assistant Regional Director in whose
Assistant Regional Director shall make region the State is located, and an of-
a preliminary examination of the plan. fice of the State which shall be des-
If his examination reveals any defect ignated by the State for this purpose.
in the plan, the Assistant Regional Di- (d) The notice shall afford interested
rector shall offer assistance to the persons an opportunity to submit in
State agency and shall provide the writing, data, views, and arguments on
agency an opportunity to cure such de- the proposal, subjects, or issues in-
fect. After his preliminary examina- volved within 30 days after publication
tion, and after affording the State of the notice in the FEDERAL REGISTER.
agency such opportunity to cure de- Thereafter the written comments re-
fects, the Assistant Regional Director ceived or copies thereof shall be avail-
shall submit the plan to the Assistant able for public inspection and copying
Secretary. at the office of the Director, Office of
(c) Upon receipt of the plan from the State Programs, Occupational Safety
Assistant Regional Director, the As- and Health Administration, office of
sistant Secretary shall examine the the Assistant Regional Director in
plan and supporting materials. If the whose region the State is located, and
examination discloses no cause for re- an office of the State which shall be
jecting the plan, the Assistant Sec- 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.

[36 FR 20751, Oct. 29, 1971, as amended at 80 (f) In the event no notice of hearing
FR 49903, Aug. 18, 2015] is provided under paragraph (e) of this
18
section it shall be provided that any in- sions and exceptions to any tentative
terested person may request an infor- decision, or objections to a tentative
mal hearing concerning the proposed decision, shall be set forth in the no-
plan, or any part thereof, whenever tice.
particularized written objections
thereto are filed within 30 days fol- § 1902.15 Certification of the record of
lowing publication of the notice in the a hearing.
FEDERAL REGISTER. If the Assistant Upon completion of any formal or in-
Secretary finds that substantial objec- formal hearing, the transcript thereof,
tions have been filed, he shall afford a together with written submissions, ex-
formal or informal hearing on the sub- hibits filed during the hearing, and any
jects and issues involved under § 1902.13 post-hearing presentations shall be cer-
or § 1902.14, or shall commence a pro- tified by the officer presiding at the
ceeding under § 1902.17. hearing to the Assistant Secretary.
[36 FR 20751, Oct. 29, 1971, as amended at 80
FR 49903, Aug. 18, 2015]
§ 1902.16 Partial approval of State
plans.
§ 1902.12 Opportunity for modifica- (a) The Assistant Secretary may par-
tions and clarifications. tially approve a plan under this part
The Assistant Secretary may afford whenever:
the State an opportunity to modify or (1) The portion to be approved meets
clarify its plan on the basis of any the requirements of this part;
comments received under § 1902.11 or (2) The plan covers more than one oc-
§ 1902.13, before commencing a pro- cupational safety and health issue; and
ceeding to reject the plan. In this con- (3) Portions of the plan to be ap-
nection, the State may informally dis- proved are reasonably separable from
cuss any issues raised by such com- the remainder of the plan.
ments with the staff of the Office of (b) Whenever the Assistant Secretary
Federal and State Operations. The As- approves only a portion of a State plan,
sistant Secretary may afford an addi- he may give notice to the State of an
tional opportunity for public comment, opportunity to show cause why a pro-
particularly when such an opportunity ceeding should not be commenced for
would not unduly delay final action on disapproval of the remainder of the
the plan and when the comments could plan under subpart C of this part before
be expected to elicit new relevant mat- commencing such a proceeding.
ter.
[80 FR 49903, Aug. 18, 2015]
[38 FR 12605, May 14, 1973]
PROCEDURE FOR PROPOSED OR POSSIBLE
§ 1902.13 Informal hearing. REJECTION OF PLAN
Any informal hearing shall be legis-
lative in type. The procedures for infor- § 1902.17 The proceeding.
mal hearings may take a variety of Whenever as a result of (a) an initial
forms. The appropriateness of any par- examination of a plan, or (b) written or
ticular form will turn largely upon the oral comments concerning a plan sub-
proposals, subjects, or issues involved. mitted in an informal rulemaking pro-
The rules of procedure for each hearing ceeding concerning a proposed approval
shall be published with the notice of a plan or any subject or issue con-
thereof. cerning the plan, the Assistant Sec-
retary proposes to reject a plan or re-
§ 1902.14 Formal hearing. jection remains in issue for any reason,
Any formal hearing provided for he shall follow the procedures pre-
under § 1902.11 (e) and (f) shall be com- scribed in the remaining sections of
menced upon the publication of reason- this subpart.
able notice in the FEDERAL REGISTER
and similar notice by the State. The § 1902.18 Previous hearing or other op-
hearing shall conform with the require- portunity for comment on plan.
ments of 5 U.S.C. 556 and 557. The terms (a) Whenever an informal hearing has
for filing proposed findings and conclu- been held under §§ 1902.11 and 1902.13,
19
any evidence submitted in such a hear- DECISIONS

ing shall be considered and may be re-
lied upon whenever it is found that no § 1902.20 Decision following informal
proceeding.
party will be prejudiced thereby be-
cause (a) This section deals with a situa-
(1) Of a lack of an opportunity for tion where the Assistant Secretary has
cross-examination afforded in the in- (1) Afforded interested persons an op-
formal hearing on the issues involved, portunity to submit written data,
or views, or arguments concerning a pro-
posal, subject, or issue concerning a
(2) The veracity and demeanor of wit-
plan; or
nesses are not important with respect
(2) Has in addition provided an infor-
to the type of evidence involved (e.g., mal hearing concerning a proposal,
extensive technical or statistical data), subject, or issue concerning a plan.
or (b)(1)(i) After consideration of all rel-
(3) For any other reason. evant information which has been pre-
(b) Any written comments received sented, if the Assistant Secretary ap-
in response to a notice issued under proves a plan he shall issue a decision
§ 1902.11 shall be a part of the record of to that effect.
the proceeding. (ii) In the event the plan is approved
(c) Whenever a formal hearing has under § 1902.2(b), the decision shall
been held under § 1902.14 the Assistant state that the plan does not fully meet
Secretary shall hold no additional the criteria set forth in § 1902.3, and
hearing, and shall proceed to issue a shall summarize the schedule and any
tentative decision under § 1902.21. other measures for bringing the plan
up to the level of such criteria.
§ 1902.19 Notice of hearing. (iii) The decision shall also reflect
the Assistant Secretary’s intention as
(a) Whenever the Assistant Secretary
to continued Federal enforcement of
has issued no previous notice con- Federal standards in areas covered by
cerning the plan, or only informal rule the plan. Provisions for continued Fed-
making proceedings have been con- eral enforcement shall take into con-
ducted concerning the plan, the Assist- sideration:
ant Secretary shall publish in the FED- (a) Whether the plan is approved
ERAL REGISTER an appropriate notice under § 1902.2(a) or § 1902.2(b);
concerning the plan and provide an op- (b) The schedule for coming up to
portunity for formal hearing and deci- Federal standards in any § 1902.2(b)
sion on the possible rejection of the plan; and
plan and on any subsidiary issues. The (c) Any other relevant matters.
notice also shall set forth such rules as (2) After consideration of all relevant
may be necessary so as to assure com- information contained in any written
pliance with 5 U.S.C. 556 and 557 in the or oral comments received in any in-
conduct of the proceeding. The time for formal proceeding, if the Assistant
filing proposed findings and conclu- Secretary proposes to disapprove a
sions and exceptions to any tentative plan, or the disposition of a subject or
decision shall be set forth in the no- issue permits the possible disapproval
tice. of a plan, he shall publish a notice to
(b) Not later than 5 days following that effect, and commence a pro-
ceeding meeting the requirements of
the publication of the notice in the
§ 1902.19.
FEDERAL REGISTER, required by para-
graph (a) of this section, the applying § 1902.21 Tentative decision following
State agency shall publish, or cause to formal proceeding.
be published, within the State reason- (a) On the basis of the whole record
able notice containing the same infor- of any hearing held under § 1902.14 or
mation. § 1902.19, the Assistant Secretary shall
issue a tentative decision either ap-

proving or disapproving the plan. The
tentative decision shall include a
20
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
pating in the hearing shall have an op- and indices of section 18(c) of the Act
portunity to file exceptions to a ten- and subpart B of this part so as to war-
tative decision and objections to such rant the withdrawal of the application
exceptions within periods of time to be of discretionary Federal enforcement
specified in the tentative decision. An and standards authority from issues
original and four copies of any excep- covered by the plan, or by any modi-
tion or objections shall be filed. fication thereof.
(b)(1) Thereafter the Assistant Sec- Assistant Regional Director means the
retary shall issue a final decision rul- Assistant Regional Director for Occu-
ing upon each exception and objection pational Safety and Health for the re-
filed. The final decision shall be pub- gion in which a State is located.
lished in the FEDERAL REGISTER. Assistant Secretary means the Assist-
(2) Any final decision approving a ant Secretary of Labor for Occupa-
plan shall contain the provisions pre- tional Safety and Health.
scribed in § 1902.20(b)(1)(iii) concerning Commencement of a case under section
Federal enforcement in areas covered 18(e) of the Act means, for the purpose
by the plan. of retaining Federal jurisdiction de-
§ 1902.23 Publication of decisions. spite an affirmative 18(e) determina-
tion, the issuance of a citation, and in
All decisions approving or dis- the case of an imminent danger, the
approving a plan shall be published in initiation of enforcement proceedings
the FEDERAL REGISTER. under section 13 of the Act.
Commencement of plan operations
Subpart D—Procedures for Deter- means the beginning of operations
minations Under section 18(e) under a plan following the approval of
of the Act the plan by the Assistant Secretary
and in no case may be later than the
SOURCE: 40 FR 54782, Nov. 26, 1975, unless effective date of the initial funding
otherwise noted. grant provided under section 23(g) of
the Act.
GENERAL Development step includes, but is not
limited to, those items listed in the
§ 1902.30 Purpose and scope. published developmental schedule, or
This subpart contains procedures and any revisions thereof, for each plan. A
criteria under which the Assistant Sec- developmental step also includes those
retary of Labor for Occupational Safe- items specified in the plan as approved
ty and Health (hereinafter referred to under section 18(c) of the Act for com-
as the Assistant Secretary) under a pletion by the State, as well as those

delegation of authority from the Sec- items which under the approval deci-
retary of Labor (Secretary’s Order 12– sion were subject to evaluations and
21
changes deemed necessary as a result following initial approval of the plan

thereof to make the State program at before discretionary Federal enforce-
least as effective as the Federal pro- ment authority and standards may be
gram within the 3 years developmental withdrawn from issues covered by an
period. (See 29 CFR 1953.4(a)). approved plan.
Initial approval means approval of a (b) In making an 18(e) determination,
State plan, or any modification there- the Assistant Secretary will determine
of, under section 18(c) of the Act and if actual operations under a State’s
subpart C of this part. plan, or under a separable portion of
Person means any individual, part- the plan, indicate that the State is ap-
nership, association, corporation, busi- plying the criteria of section 18(c) of
ness trust, legal representative, orga- the Act and the indices of effectiveness
nized group of individuals, or any agen- of subpart B of this part in a manner
cy, authority or instrumentality of the which renders operations under the
United States or of a State. plan ‘‘at least as effective as’’ oper-
Separable portion of a plan for pur- ations under the Federal program in
poses of an 18(e) determination gen- providing safe and healthful employ-
erally means more than one industrial, ment and places of employment within
occupational or hazard grouping as de- the State. In making this determina-
fined in § 1902.2(c)(1) which is adminis- tion, the Assistant Secretary may con-
tratively practicable and reasonably sider such information which he deems
separable from the remainder of the appropriate for an informed decision.
plan. (See 29 CFR 1952.6(a).) (c) If the Assistant Secretary makes
[40 FR 54782, Nov. 26, 1975, as amended at 67 an affirmative 18(e) determination, the
FR 60128, Sept. 25, 2002; 80 FR 49903, Aug. 18, Federal enforcement provisions of sec-
2015] tions 5(a) (2), 8 (except for the purposes
of continuing evaluations under sec-
§ 1902.32 General policies. tion 18(f) of the Act), 9, 10, 13 and 17 and
(a) Sections 18 (e) and (f) of the Act standards promulgated under section 6
provide for the continuing evaluation of the Act shall not apply with respect
and monitoring of State plans approved to those occupational safety and health
under section 18(c) of the Act. The As- issues covered under the plan which
sistant Secretary’s decision whether to have been given an affirmative 18(e) de-
grant an affirmative 18(e) determina- termination. However, the Assistant
tion will be based, in part, on the re- Secretary may retain jurisdiction over
sults of these evaluations. Section 18(e) proceedings commenced under sections
provides that a period of not less than 9, 10 and 13 of the Act before the date
3 years shall have passed before the As- of his determination. In addition, the
sistant Secretary may make a deter- Assistant Secretary shall retain his ju-
mination that the State program in ac- risdiction under the anti-discrimina-
tual operations is applying the criteria tion provisions of section 11(c) of the
of section 18(c) of the Act. In the case Act.
of a developmental plan, § 1902.2(b) of (d) If the Assistant Secretary deter-
this part requires that the Assistant mines that a State plan, or any portion
Secretary must have at least one year thereof, has not met the criteria for an
in which to evaluate the plan’s actual 18(e) determination, he shall retain his
operations following the completion of authority under the enforcement provi-
all developmental steps specified in the sions of sections 5(a) (2), 8, 9, 10, 13, and
plan. Thus, to be considered for an 18(e) 17 and his standards authority under
determination, at least three years section 6 of the Act in the issues found
shall have passed following commence- ineligible for an 18(e) determination. In
ment of operations after the initial ap- addition, his decision may result in the
proval of a State’s occupational safety commencement of proceedings for
and health plan by the Assistant Sec- withdrawal of approval of the plan, or
retary. In the case of a developmental any separable portion thereof, under 29
plan, at least one year shall have CFR part 1955.
passed following the completion of all (e) Once a State’s plan, or any modi-
developmental steps, but, in any event, fication thereof, has been given an af-
at least three years must have passed firmative 18(e) determination, the
22
State is required to maintain a pro- mission and consideration of develop-

gram which will meet the requirements mental changes by OSHA. Generally,
of section 18 (c) and will continue to be whenever a State completes a develop-
‘‘at least as effective as’’ the Federal mental step, it must submit the result-
program operations in the issues cov- ing plan change as a supplement to its
ered by the determination. As the Fed- plan to OSHA for approval. OSHA’s ap-
eral program changes and thereby be- proval of such changes is then pub-
comes more effective, the State is cor- lished in the FEDERAL REGISTER.
respondingly required to adjust its pro- [80 FR 49904, Aug. 18, 2015]
gram at a level which would provide a
program for workplace safety and § 1902.34 Certification of completion of
health which would be ‘‘at least as ef- developmental steps.
fective as’’ the improvements in the (a) Upon the completion of all of the
Federal program. A failure to comply developmental steps in a State’s plan,
with this requirement may result in which is to be accomplished not later
the revocation of the affirmative 18(e) than three years following commence-
determination and the resumption of ment of plan operations after approval
Federal enforcement and standards au- of the plan by the Assistant Secretary
thority and/or in the commencement of under section 18(c), the Assistant Re-
proceedings for the withdrawal of ap- gional Director shall certify, as pro-
proval of the plan, or any portion vided in paragraph (b) of this section,
thereof, pursuant to 29 CFR part 1955. that all developmental steps in the
(f) The Assistant Secretary may re- plan have been met and that the
consider and, if necessary, rescind or State’s program is to be evaluated on
revoke all or a separable portion of an the basis of its eligibility for an 18(e)
affirmative 18(e) determination and re- determination after at least one year
instate concurrent Federal enforce- of evaluations of the plan.
ment authority if he finds that a State (b) Upon determining that a State
does not maintain its commitment to has completed all of its developmental
provide a program for employee safety steps, the Assistant Regional Director
and health protection meeting the re- shall prepare a certification which he
quirements of section 18(c) of the Act. shall promptly forward to the Assist-
This authority is designed to be used in ant Secretary. The certification shall
instances where operations under a include, but shall not be limited to, the
State program are found to be less ef- following;
fective than under the Federal program (1) A list of all developmental steps
because of unusual circumstances or revisions thereof, plan amendments
which are temporary in nature. The or changes which result in the comple-
Assistant Secretary may also use this tion of the steps or revisions thereof,
procedure to reinstate Federal enforce- and the dates the Assistant Secretary’s
ment authority in conjunction with or the Assistant Regional Director’s
plan withdrawal proceedings in order approval of each change was published
to ensure that there is no serious gap in the FEDERAL REGISTER;
in his commitment to assure safe and (2) Substantive changes, if any, in
healthful working conditions so far as the State program which were ap-
possible for every employee. proved by the Assistant Secretary and
their dates of publication in the FED-
COMPLETION OF DEVELOPMENTAL ERAL REGISTER;
STEPS—CERTIFICATION (3) Documentation that the legal
basis for the applicable State merit
§ 1902.33 Developmental period. system has been approved by the U.S.
Upon the commencement of plan op- Civil Service Commission and that the
erations after the initial approval of a actual operations of the State merit
State’s plan by the Assistant Sec- system has been found acceptable by
retary, a State has three years in the Occupational Safety and Health
which to complete all of the develop- Administration with the advice of the
mental steps specified in the plan as U.S. Civil Service Commission; and
approved. Section 1953.4 of this chapter (4) A description of the issues which
sets forth the procedures for the sub- are covered by the State plan. Where
23
applicable, the certification shall in- (b) The Assistant Secretary’s evalua-
clude a description of those separable tion for an 18(e) determination will be
portions of the plan which have been addressed to consideration of whether
certified for 18(e) evaluation purposes the criteria and indices in § 1902.37(a)
as well as those portions of the plan are being applied by the State in such
which were not certified by the Assist- a manner as to render its program in
ant Regional Director. operation at least as effective as oper-
(c) After a review of the certification ations under the Federal program. In
and the State’s plan, if the Assistant considering the question of such appli-
Secretary finds that the State has cation, the Assistant Secretary shall
completed all the developmental steps also consider the factors provided
specified in the plan, he shall publish under § 1902.37(b). The Assistant Sec-
the certification in the FEDERAL REG- retary’s evaluation may include such
ISTER. other information on the application of
the criteria and indices in § 1902.37 such
[40 FR 54782, Nov. 26, 1975, as amended at 80 as information developed from com-
FR 49904, Aug. 18, 2015]
ments received from the public and the
§ 1902.35 Effect of certification. results of any hearings which may have
been held under § 1902.40 concerning the
Publication of the certification ac- proposed 18(e) determination.
knowledging the completion of all of
the developmental steps in a State’s § 1902.37 Factors for determination.
plan will automatically initiate the (a) The Assistant Secretary shall de-
evaluation of a State’s plan for the termine if the State has applied and
purposes of an 18(e) determination. implemented all the specific criteria
Evaluation for the purposes of an 18(e) and indices of effectiveness of §§ 1902.3
determination will continue for at and 1902.4 of this part.
least one year after the publication of (b) In determining whether a State
the certification in the FEDERAL REG- has applied the criteria and indices of
ISTER. Federal enforcement authority effectiveness in paragraph (a) of this
under sections 5(a)(2), 8, 9, 10, 11(c), 13, section in actual operations, the As-
and 17 of the Act and Federal standards sistant Secretary will, among other
authority under section 6 of the Act things related to the application of the
will not be relinquished during the criteria and indices, consider whether:
evaluation period. Evaluation con- (1) The State has a sufficient number
ducted for 18(e) determination purposes of adequately trained and competent
will be based on the criteria set forth personnel to discharge its responsibil-
in §§ 1902.37 and 1902.38. ities under the plan.
(2) The State has adhered to the pro-
BASIS FOR 18(e) DETERMINATIONS cedures which it has adopted and which
have been approved either under the
§ 1902.36 General provisions. State plan or in State plan changes or
(a) In making his evaluation of the under any other procedures for ap-
actual operations of a State’s plan for proval authorized by the Assistant Sec-
the purposes of an 18(e) determination, retary.
the Assistant Secretary shall consider (3) The State has timely adopted all
all relevant data which will aid him in Federal standards, and amendments
making an effective determination. In thereto, for issues covered under the
his evaluation he shall consider wheth- plan or has timely developed and pro-
er the requirements of section 18(c) of mulgated standards which are at least
the Act and the criteria for State plans as effective as the comparable Federal
outlined in subpart B of this part as standards and amendments thereto.
well as those in § 1902.37 are being ap- (4) If the State has adopted Federal
plied in actual operations for a reason- standards, the State’s interpretation
able period of time in a manner which and application of such standards have
warrants the termination of concur- been consistent with the applicable
rent Federal enforcement authority Federal interpretation and application.

and standards in issues covered under Where the State has developed and pro-
the plan. mulgated its own standards, such
24
standards have been interpreted and violations and the consideration of fac-
applied in a manner which is at least as tors comparable to those required to be
effective as the interpretation and ap- considered under the Federal program.
plication of comparable Federal stand- (13) The State ensures the abatement
ards. This requirement acknowledges of hazards for which a citation has
that State standards may have been been issued, including the issuance of
approved by the Assistant Regional Di- notices of failure to abate and appro-
rector, but emphasizes the requirement priate penalties.
that the standards are to be at least as (14) Wherever appropriate, the State
effective as the comparable Federal agency has sought administrative and
standards in actual operations. judicial review of adverse adjudica-
(5) If any State standard, whether it tions. This factor also addresses wheth-
is an adopted Federal standard or a er the State has taken the appropriate
standard developed by a State, has and necessary administrative, legisla-
been subject to administrative or judi- tive or judicial action to correct any
cial challenge, the State has taken the deficiencies in its enforcement pro-
necessary administrative, judicial or gram resulting from an adverse admin-
legislative action to correct any defi- istrative or judicial determination.
ciencies in its program resulting from (15) Insofar as it is available, analysis
such challenge. of the annual occupational safety and
(6) In granting permanent variances health survey by the Bureau of Labor
from a standard the State has assured Statistics, as well as of other available
that the employer provides conditions Federal and State measurements of
of employment which are as safe and program impact on worker safety and
healthful as those which would prevail health, which analysis also takes into
if he complied with the standard. consideration various local factors, in-
(7) In granting temporary variances dicates that trends in worker safety
from a standard, the State has ensured and health injury and illness rates
that the recipient of the variance has under the State program compare fa-
come into compliance with the stand- vorably to those under the Federal pro-
ard as early as possible. gram.
(8) The State inspection program is [40 FR 54782, Nov. 26, 1975; 40 FR 58143, Dec.
being implemented in a manner which 15, 1975]
allows a sufficient allocation of re-
sources to be directed toward target in- PROCEDURES FOR 18(e) DETERMINATION
dustries and target health hazards as
designated by the State while pro- § 1902.38 Evaluation of plan following
viding adequate attention to all other certification.
workplaces covered under the plan, or (a) Following the publication in the
any modification thereof. FEDERAL REGISTER under § 1902.34 of the
(9) The State exercises the authority certification acknowledging the com-
through appropriate means, to enforce pletion of all developmental steps spec-
its right of entry and inspection wher- ified in the plan, or any portion there-
ever such right of entry or inspection of, the Assistant Secretary will evalu-
is refused. ate and monitor the actual operations
(10) Inspections of workplaces are under the State plan for at least 1 year
conducted by State inspectors in a before determining whether the State
competent manner, following approved is eligible for an 18(e) determination.
enforcement procedures. This includes The evaluation will assess the actual
a requirement that the inspectors ob- operation of the State’s fully imple-
tain adequate information to support mented program in accordance with
any citations which may be issued. the criteria in § 1902.37 and take into
(11) The State issues citations, pro- account any information available to
posed penalties and notices for failure the Assistant Secretary affecting the
to abate in a timely manner. State’s program.
(12) The State proposes penalties in a (b) The Assistant Regional Director
manner at least as effective as under shall prepare a semi-annual report of

the Federal program, including the his evaluation of the actual operations
proposing of penalties for first instance under the State plan or any portion
25
thereof in narrative form. The Assist- reasonable notice containing the same
ant Regional Director’s evaluation re- information.
port will be transmitted to the Assist- (d) The notice shall indicate that the
ant Secretary who will then transmit plan, or any separable portion thereof,
the report to the State. The State shall is in issue before the Assistant Sec-
be afforded an opportunity to respond retary for a determination as to wheth-
to each evaluation report. er the criteria in section 18(c) of the
Act are being applied in actual oper-
[40 FR 54782, Nov. 26, 1975, as amended at 42
ation, and indicate the particular sub-
FR 58746, Nov. 11, 1977]
stantive issues, if any, for consider-
§ 1902.39 Completion of evaluation. ation in making such determination.
Where a portion of a plan is in issue for
(a) After evaluating the actual oper- such a determination, the notice shall
ations of the State plan, or any portion specify such portions of the plan as
thereof, for at least 1 year following well as those portions of the plan
publication of the certification in the which are not in issue for the deter-
FEDERAL REGISTER under § 1902.34, the mination.
Assistant Secretary shall notify the (e) The notice shall afford interested
State whenever he determines that the persons an opportunity to submit in
State will be eligible for an 18(e) deter- writing, data, views, and arguments on
mination. In addition, a State may re- the proposed 18(e) determination, and
quest an 18(e) determination following the affected State an opportunity to
the evaluation period noted above. In respond to such submissions.
no case shall this determination of eli- (f) The notice shall also state that
gibility be later than 2 years following any interested person or the affected
the publication of the certification of State may request an informal hearing
the completion of developmental steps concerning the proposed 18(e) deter-
in the FEDERAL REGISTER under mination whenever particularized writ-
§ 1902.34. In the case of a plan which was ten objections thereto are filed within
not developmental, the determination 35 days following publication of the no-
of eligibility shall not be sooner than 3 tice in the FEDERAL REGISTER.
years following the date of commence- (g) If the Assistant Secretary finds
ment of operations under the plan. that substantial objections are filed
(b) After it has been determined that which relate to the proposed 18(e) de-
a State will be eligible for an 18(e) determination, the Assistant Secretary
termination, the Assistant Regional shall, and in any other case may, pub-
Director shall prepare a final report of lish a notice of informal hearing in the
his evaluation of the actual operations FEDERAL REGISTER not later than 30
under a State’s plan or portion thereof days after the last day for filing writ-
which may be subject to the 18(e) de- ten views or comments. The notice
termination. The Assistant Regional shall include:
Director’s report shall be transmitted (1) A statement of the time, place
to the Assistant Secretary. The Assist- and nature of the proceeding;
ant Secretary shall transmit such re- (2) A specification of the substantial
port to the State and the State shall issues which have been raised and on
have an opportunity to respond to the which an informal hearing has been re-
report. quested;
(c) Whenever it has been determined (3) The requirement for the filing of
that a State’s plan, or separable por- an intention to appear at the hearing,
tion thereof, is eligible for an 18(e) de- together with a statement of the posi-
termination, the Assistant Secretary tion to be taken with regard to the
shall publish a notice in the FEDERAL issues specified, and of the evidence to
REGISTER. The notice shall meet the re- be adduced in support of the position;
quirements of the remaining para- (4) The designation of a presiding of-
graphs of this section. No later than 10 ficer to conduct the hearing; and
days following the publication of the (5) Any other appropriate provisions
notice in the FEDERAL REGISTER, the with regard to the proceeding.

affected State agency shall publish, or (h) Not later than 10 days following
cause to be published, within the State, the publication of the notice in the
26
FEDERAL REGISTER, required by para- (5) To take official notice of material

graph (g) of this section, the affected facts not appearing in the evidence in
agency shall publish, or cause to be the record, as long as the parties are
published, within the State reasonable afforded an opportunity to show evi-
notice containing the same informa- dence to the contrary;
tion. (6) In his discretion, to keep the
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-
nitely, effective Jan. 20, 1978. recommendations with supporting rea-
sons and any additional data, views,
§ 1902.40 Informal hearing. and arguments from any person who
has participated in the oral proceeding.
(a) Any hearing conducted under this (d) Upon the completion of the oral
section shall be legislative in type. presentations, the transcripts thereof,
However, fairness may require an op- together with written submissions on
portunity for cross-examination on the proceedings, exhibits filed during
pertinent issues. The presiding officer the hearing, and all posthearing com-
is empowered to permit cross-examina- ments, recommendations, and sup-
tion under such circumstances. The es- porting reasons shall be certified by
sential intent is to provide an oppor- the officer presiding at the hearing to
tunity for participation and comment the Assistant Secretary.
by interested persons which can be car-
ried out expeditiously and without § 1902.41 Decision.
rigid procedures which might unduly (a) Within a reasonable time gen-
impede or protract the 18(e) determina- erally within 120 days after the expira-
tion process. tion of the period provided for the sub-
(b) Although the hearing shall be in- mission of written data, views, and ar-
formal and legislative in type, this sec- guments on the issues on which no
tion is intended to provide more than hearing is held, or within a reasonable
the bare essentials of informal pro- time, generally not to exceed 120 days
ceedings under 5 U.S.C. 553. The addi- after the certification of the record of
tional requirements are the following: a hearing, the Assistant Secretary
(1) The presiding officer shall be a shall publish his decision in the FED-
hearing examiner appointed under 5 ERAL REGISTER. His decision shall state
U.S.C. 3105. whether or not an affirmative 18(e) de-
(2) The presiding officer shall provide termination has been made for the
an opportunity for cross-examination State plan or any separable portion
on pertinent issues. thereof, or whether he intends to with-
(3) The hearing shall be reported ver- draw approval of the plan or any por-
batim, and a transcript shall be avail- tion thereof pursuant to part 1955 of
able to any interested person on such this chapter. The action of the Assist-
terms as the presiding officer may pro- ant Secretary shall be taken after con-
vide. sideration of all information, including
(c) The officer presiding at a hearing his evaluations of the actual oper-
shall have all the power necessary or ations of the plan, and information pre-
appropriate to conduct a fair and full sented in written submissions and in
hearing, including the powers: any hearings held under this subpart.
(1) To regulate the course of the pro- (b) Any decision under this section
ceedings; shall incorporate a concise statement
(2) To dispose of procedural requests, of its grounds and purpose and shall re-
objections, and comparable matters; spond to any substantial issues which
(3) To confine the presentation to the may have been raised in written sub-
issues specified in the notice of hear- missions or at the hearing.
ing, or, where appropriate, to matters (c) All decisions concerning the As-
pertinent to the issue before the As- sistant Secretary’s determination
sistant Secretary; under section 18(e) of the Act shall be
(4) To regulate the conduct of those published in the FEDERAL REGISTER.

present at the hearing by appropriate [40 FR 54782, Nov. 26, 1975, as amended at 80
means; FR 49904, Aug. 18, 2015]
27
§ 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
tion thereof, in accordance with the section 11(c) of the Act with regard to
criteria of section 18(c) of the Act and complaints alleging discrimination
that the State has applied the provi- against employees because of the exer-
sions of this part in a manner which cise of any right afforded to the em-
renders the actual operations of the ployee by the Act;
State program ‘‘at least as effective (3) An amendment to the appropriate
as’’ operations under the Federal pro- section of part 1952 of this chapter;
gram. (4) A statement that the Assistant
(b) In the case of an affirmative 18(e) Secretary is not precluded from revok-
determination of a separable portion(s) ing his determination and reinstating
of a plan, the Assistant Secretary de- his standards and enforcement author-
termines that the State has applied the ity under § 1902.47 et seq., if his con-
separable portion(s) of the plan in ac- tinuing evaluations under section 18(f)
cordance with the criteria of section of the Act show that the State has sub-
18(c) of the Act in a manner com- stantially failed to maintain a program
parable to Federal operations covering which is at least as effective as oper-
such portions and that the criteria of ations under the Federal program, or if
this part are being applied in a manner the State does not submit program
which renders the actual operations of
change supplements to its plan to the
such separable portion(s) of the State
Assistant Secretary as required by 29
program ‘‘at least as effective as’’ oper-
CFR part 1953.
ations of such portions under the Fed-
eral program. [40 FR 54782, Nov. 26, 1975, as amended at 80
(c) Upon making an affirmative 18(e) FR 49904, Aug. 18, 2015]
determination, the standards promul-
gated under section 6 of the Act and § 1902.44 Requirements applicable to
the enforcement provisions of section State plans granted affirmative
5(a)(2), 8 (except for the purpose of con- 18(e) determinations.
tinuing evaluations under section 18(f) (a) A State whose plan, or modifica-
of the Act), 9, 10, 13 and 17 of the Act tion thereof, has been granted an af-
shall not apply with respect to those firmative 18(e) determination will be
occupational safety and health issues required to maintain a program within
covered under the plan for which an af- the scope of such determination which
firmative 18(e) determination has been will be ‘‘at least as effective as’’ oper-
granted. The Assistant Secretary shall ations under the Federal program in
retain his authority under the above providing employee safety and health
sections for those issues covered in the protection at covered workplaces with-
plan which have not been granted an in the comparable scope of the Federal
affirmative 18(e) determination. program. This requirement includes
(d) The Assistant Secretary will re- submitting all required reports to the
tain jurisdiction under the citation and Assistant Secretary, as well as submit-
contest provisions of sections 9 and 10 ting supplements to the Assistant Sec-
of the Act and the imminent-danger retary for his approval whenever there
provisions of section 13 where such pro- is a change in the State’s program,
ceedings have been commenced prior to whenever the results of evaluations
the date of his determination. conducted under section 18(f) show that
some portion of a State plan has an ad-
§ 1902.43 Affirmative 18(e) decision. verse impact on the operations of the
(a) In publishing his affirmative 18(e) State plan or whenever the Assistant
decision in the FEDERAL REGISTER the Secretary determines that any alter-
Assistant Secretary’s notice shall ination in the Federal program could
clude, but shall not be limited to the have an adverse impact on the ‘‘at
following: least as effective as’’ status of the
28
State program. See part 1953 of this (1) Upon determining that a State
chapter. shall be subject to a final 18(e) deter-
(b) A substantial failure to comply mination, the Assistant Secretary
with the requirements of this section shall notify the agency designated by
may result in the revocation of the af- the State to administer its program,
firmative 18(e) determination and the within the State of his decision that
resumption of Federal enforcement au- the State’s program, or a separable
thority, and may also result in proportion thereof, shall be subject to a
ceedings for the withdrawal of approval final 18(e) determination. The Assist-
of the plan or any portion thereof pur- ant Secretary shall give the State a
suant to part 1955 of this chapter. reasonable time, generally not less
than 1 year, in which to meet the cri-
§ 1902.45 [Reserved] teria for an affirmative 18(e) deter-
mination.
§ 1902.46 Negative 18(e) determination.
(2) The Assistant Secretary shall also
(a) This section sets out the proce- publish a notice in the FEDERAL REG-
dures which shall be followed whenever ISTER outlining his reasons for not
the Assistant Secretary determines making an affirmative 18(e) determina-
that a State’s plan, or any separate tion at the time. The notice will also
portion thereof, has not met the cri- set forth the reasonable time the State
teria for an affirmative 18(e) deter- was granted to meet the criteria for an
mination. affirmative 18(e) determination and set
(b) If the Assistant Secretary deter- forth such conditions as the Assistant
mines that a State plan, or a separable Secretary deems proper for the con-
portion thereof, has not met the cri- tinuation of the State’s plan or such
teria of section 18(c) of the Act and portions subject to this action.
that actual operations under the plan,
(3) The State shall be afforded an op-
or portion thereof, have not met the
portunity to agree to the conditions of
criteria for an affirmative determina-
the Assistant Secretary’s decision.
tion set forth in § 1902.37, he shall re-
tain his standards authority under sec- (4) Upon the expiration of the time
tion 6 of the Act and his enforcement granted to a State to meet the criteria
authority under sections 5(a)(2), 8, 9, 10, for an affirmative 18(e) determination
13, and 17 of the Act for those issues under paragraph (d)(2) of this section,
covered under the plan or such portions the Assistant Secretary may initiate
of the plan which were subject to his proceedings to determine whether a
negative determination. State shall be granted an affirmative
(c) A decision under this section may 18(e) determination. The procedures
result in the commencement of pro- outlined in this subpart shall be appli-
ceedings for withdrawal of approval of cable to any proceedings initiated
the plan or any separable portion under this paragraph.
thereof pursuant to part 1955 of this
chapter. PROCEDURE FOR RECONSIDERATION AND
REVOCATION OF AN AFFIRMATIVE 18(e)
(d) Where the Assistant Secretary de-
DETERMINATION
termines that operations under a State
plan or any separable portion thereof § 1902.47 Reconsideration of an affirm-
have not met the criteria for an affirmative 18(e) determination.
ative 18(e) determination, but are not
of such a nature as to warrant the ini- (a) The Assistant Secretary may at
tiation of withdrawal proceedings, the any time reconsider on his own initia-
Assistant Secretary may, at his discre- tive or on petition of an interested per-
tion, afford the State a reasonable time son his decision granting an affirma-
to meet the criteria for an affirmative tive 18(e) determination.
18(e) determination after which time (b) Such reconsideration shall be
he may initiate proceedings for with- based on results of his continuing eval-
drawal of plan approval. This discre- uation of a State plan after it has been
tionary authority will be applied in the granted an affirmative 18(e) determina-
following manner: tion.
29
§ 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- § 1902.52 Decision.
termination, he shall follow the proce-
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.
(b) The decision revoking the deter-
determination, he shall publish a no-
mination shall also reflect the Assist-
tice in the FEDERAL REGISTER meeting
ant Secretary’s determination that
the requirements of the remaining
concurrent Federal enforcement and
paragraphs of this section. No later
standards authority will be reinstated
than 10 days following the publication
within the State for a reasonable time
of the notice in the FEDERAL REGISTER,
until he has withdrawn his approval of
the affected State agency shall publish,
the plan, or any separable portion
or cause to be published, reasonable no-
thereof, pursuant to part 1955 of this
tice within the State containing the
chapter or he has determined that the
same information.
(b) The notice shall indicate the rea- State has met the criteria for an 18(e)
sons for the proposed action. determination pursuant to the applica-
(c) The notice shall afford interested ble procedures of this subpart.
persons including the affected State, § 1902.53 Publication of decisions.
an opportunity to submit in writing,
data, views, and arguments on the pro- All decisions on the reconsideration
posal within 35 days after publication of an affirmative 18(e) determination
of the notice in the FEDERAL REGISTER. shall be published in the FEDERAL REG-
The notice shall also provide that any ISTER.
interested person may request an infor-
mal hearing concerning the proposed PART 1903—INSPECTIONS, CITA-
revocation whenever particularized TIONS AND PROPOSED PEN-
written objections thereto are filed ALTIES
within 35 days following publication of
the notice in the FEDERAL REGISTER. If Sec.
the Assistant Secretary finds that sub- 1903.1 Purpose and scope.
stantial objections have been filed, he 1903.2 Posting of notice; availability of the
shall afford an informal hearing on the Act, regulations and applicable stand-
proposed revocation under § 1902.50. ards.
(d) The Assistant Secretary may, 1903.3 Authority for inspection.
1903.4 Objection to inspection.
upon his own initiative, give notice of 1903.5 Entry not a waiver.
an informal hearing affording an oppor- 1903.6 Advance notice of inspections.
tunity for oral comments concerning 1903.7 Conduct of inspections.
the proposed revocation. 1903.8 Representatives of employers and em-
ployees.
§ 1902.50 Informal hearing. 1903.9 Trade secrets.
1903.10 Consultation with employees.
Any informal hearing shall be legis- 1903.11 Complaints by employees.
lative in type. The rules of procedure 1903.12 Inspection not warranted; informal
for each hearing shall be those con- review.
tained in § 1902.40 and will be published 1903.13 Imminent danger.
with the notice thereof. 1903.14 Citations; notices of de minimis vio-
lations; policy regarding employee res-
§ 1902.51 Certification of the records cue activities.
of a hearing. 1903.14a Petitions for modification of abate-
ment date.
Upon completion of an informal hear- 1903.15 Proposed penalties.
ing, the transcript thereof, together 1903.16 Posting of citations.

with written submissions, exhibits filed 1903.17 Employer and employee contests be-
during the hearing, and any post-hear- fore the Review Commission.
30
1903.18 Failure to correct a violation for part 1903 is to prescribe rules and to set
which a citation has been issued. forth general policies for enforcement
1903.19 Abatement verification. of the inspection, citation, and pro-
1903.20 Informal conferences.
posed penalty provisions of the Act. In
1903.21 State administration.
1903.22 Definitions. situations where this part 1903 sets
forth general enforcement policies
AUTHORITY: Secs. 8 and 9 (29 U.S.C. 657, rather than substantive or procedural
658); 5 U.S.C. 553; Secretary of Labor’s Order rules, such policies may be modified in
No. 1–2012 (77 FR 3912, Jan. 25, 2012).
specific circumstances where the Sec-
EFFECTIVE DATE NOTE: At 81 FR 43452, July retary or his designee determines that
1, 2016, the authority citation for part 1903 an alternative course of action would
was revised, effective Aug. 1, 2016. For the better serve the objectives of the Act.
convenience of the user, the revised text is
set forth as follows:
§ 1903.2 Posting of notice; availability
AUTHORITY: Secs. 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; 28 U.S.C. 2461
note (Federal Civil Penalties Inflation Ad- (a)(1) Each employer shall post and
justment Act of 1990), as amended by Section keep posted a notice or notices, to be
701, Pub. L. 114–74; Secretary of Labor’s furnished by the Occupational Safety
Order No. 1–2012 (77 FR 3912, Jan. 25, 2012). and Health Administration, U.S. De-
SOURCE: 36 FR 17850, Sept. 4, 1971, unless partment of Labor, informing employ-
otherwise noted. ees of the protections and obligations
provided for in the Act, and that for as-
§ 1903.1 Purpose and scope. sistance and information, including
The Williams-Steiger Occupational copies of the Act and of specific safety
Safety and Health Act of 1970 (84 Stat. and health standards, employees
1590 et seq., 29 U.S.C. 651 et seq.) re- should contact the employer or the
quires, in part, that every employer nearest office of the Department of
covered under the Act furnish to his Labor. Such notice or notices shall be
employees employment and a place of posted by the employer in each estab-
employment which are free from recog- lishment in a conspicuous place or
nized hazards that are causing or are places where notices to employees are
likely to cause death or serious phys- customarily posted. Each employer
ical harm to his employees. The Act shall take steps to insure that such no-
also requires that employers comply tices are not altered, defaced, or cov-
with occupational safety and health ered by other material.
standards promulgated under the Act, (2) Where a State has an approved
and that employees comply with stand- poster informing employees of their
ards, rules, regulations and orders protections and obligations as defined
issued under the Act which are applica- in § 1902.9 of this chapter, such poster,
ble to their own actions and conduct. when posted by employers covered by
The Act authorizes the Department of the State plan, shall constitute compli-
Labor to conduct inspections, and to ance with the posting requirements of
issue citations and proposed penalties section 8(c)(1) of the Act. Employers
for alleged violations. The Act, under whose operations are not within the
section 20(b), also authorizes the Sec- issues covered by the State plan must
retary of Health, Education, and Wel- comply with paragraph (a)(1) of this
fare to conduct inspections and to section.
question employers and employees in (3) Reproductions or facsimiles of
connection with research and other re- such Federal or State posters shall
lated activities. The Act contains pro- constitute compliance with the posting
visions for adjudication of violations, requirements of section 8(c)(1) of the
periods prescribed for the abatement of Act where such reproductions or fac-
violations, and proposed penalties by similes are at least 81⁄2 inches by 14
the Occupational Safety and Health inches, and the printing size is at least
Review Commission, if contested by an 10 pt. Whenever the size of the poster
employer or by an employee or author- increases, the size of the print shall

ized representative of employees, and also increase accordingly. The caption
for judicial review. The purpose of this or heading on the poster shall be in
31
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; 80 FR 49904, Aug. 18,
operations are performed. (For exam- 2015]
ple: A factory, mill, store, hotel, res-
taurant, movie theatre, farm, ranch, EFFECTIVE DATE NOTE: At 81 FR 43452, July
bank, sales office, warehouse, or cen- 1, 2016, § 1903.2 was amended by revising para-
tral administrative office.) Where dis- graph (d), effective Aug. 1, 2016. For the con-
venience of the user, the revised text is set
tinctly separate activities are per-
forth as follows:
formed at a single physical location
(such as contract construction activi- § 1903.2 Posting of notice; availability of the
ties from the same physical location as Act, regulations and applicable stand-
a lumber yard), each activity shall be ards.
treated as a separate physical estab-
lishment, and a separate notice or no- * * * * *
tices shall be posted in each such es- (d) Any employer failing to comply with
tablishment, to the extent that such the provisions of this section shall be subject
notices have been furnished by the Oc- to citation and penalty in accordance with
cupational Safety and Health Adminis- the provisions of § 1903.15(d).
tration, U.S. Department of Labor.
Where employers are engaged in activi- § 1903.3 Authority for inspection.
ties which are physically dispersed,
(a) Compliance Safety and Health Of-
such as agriculture, construction,
ficers of the Department of Labor are
transportation, communications, and
authorized to enter without delay and
electric, gas and sanitary services, the
at reasonable times any factory, plant,
notice or notices required by this sec-
establishment, construction site, or
tion shall be posted at the location to
which employees report each day. other area, workplace or environment
Where employees do not usually work where work is performed by an em-
at, or report to, a single establishment, ployee of an employer; to inspect and
such as longshoremen, traveling sales- investigate during regular working
men, technicians, engineers, etc., such hours and at other reasonable times,
notice or notices shall be posted at the and within reasonable limits and in a
location from which the employees op- reasonable manner, any such place of
erate to carry out their activities. In employment, and all pertinent condi-
all cases, such notice or notices shall tions, structures, machines, apparatus,
be posted in accordance with the re- devices, equipment and materials
quirements of paragraph (a) of this sec- therein; to question privately any em-
tion. ployer, owner, operator, agent or em-
(c) Copies of the Act, all regulations ployee; and to review records required
published in this chapter and all appli- by the Act and regulations published in
cable standards will be available at all this chapter, and other records which
Area Offices of the Occupational Safety are directly related to the purpose of
and Health Administration, U.S. De- the inspection. Representatives of the
partment of Labor. If an employer has Secretary of Health, Education, and
obtained copies of these materials, he Welfare are authorized to make inspec-
shall make them available upon re- tions and to question employers and
quest to any employee or his author- employees in order to carry out the
ized representative for review in the es- functions of the Secretary of Health,
tablishment where the employee is em- Education, and Welfare under the Act.
ployed on the same day the request is Inspections conducted by Department
made or at the earliest time mutually of Labor Compliance Safety and Health
convenient to the employee or his au- Officers and representatives of the Sec-
thorized representative and the em- retary of Health, Education, and Wel-
ployer. fare under section 8 of the Act and pur-

(d) Any employer failing to comply suant to this part 1903 shall not affect
with the provisions of this section shall the authority of any State to conduct
32
inspections in accordance with agree- a warrant prior to leaving to conduct

ments and plans under section 18 of the the inspection would avoid, in case of
Act. refusal of entry, the expenditure of sig-
(b) Prior to inspecting areas con- nificant time and resources to return
taining information which is classified to the office, obtain a warrant and re-
by an agency of the United States Gov- turn to the worksite;
ernment in the interest of national se- (3) When an inspection includes the
curity, Compliance Safety and Health use of special equipment or when the
Officers shall have obtained the appro- presence of an expert or experts is
priate security clearance. needed in order to properly conduct the
inspection, and procuring a warrant
§ 1903.4 Objection to inspection. prior to an attempt to inspect would
(a) Upon a refusal to permit the Com- alleviate the difficulties or costs en-
pliance Safety and Health Officer, in countered in coordinating the avail-
exercise of his official duties, to enter ability of such equipment or expert.
without delay and at reasonable times (c) With the approval of the Regional
any place of employment or any place Administrator and the Regional Solic-
therein, to inspect, to review records, itor, compulsory process may also be
or to question any employer, owner, obtained by the Area Director or his
operator, agent, or employee, in ac- designee.
cordance with § 1903.3 or to permit a (d) For purposes of this section, the
representative of employees to accom- term compulsory process shall mean
pany the Compliance Safety and the institution of any appropriate ac-
Health Officer during the physical in- tion, including ex parte application for
spection of any workplace in accord- an inspection warrant or its equiva-
ance with § 1903.8, the Safety and lent. Ex parte inspection warrants shall
Health Officer shall terminate the in- be the preferred form of compulsory
spection or confine the inspection to process in all circumstances where
other areas, conditions, structures, ma- compulsory process is relied upon to
chines, apparatus, devices, equipment, seek entry to a workplace under this
materials, records, or interviews con- section.
cerning which no objection is raised. [45 FR 65923, Oct. 3, 1980]
The Compliance Safety and Health Of-
ficer shall endeavor to ascertain the § 1903.5 Entry not a waiver.
reason for such refusal, and shall im- Any permission to enter, inspect, re-
mediately report the refusal and the view records, or question any person,
reason therefor to the Area Director. shal not imply or be conditioned upon
The Area Director shall consult with a waiver of any cause of action, cita-
the Regional Solicitor, who shall take tion, or penalty under the Act. Compli-
appropriate action, including compul- ance Safety and Health Officers are not
sory process, if necessary. authorized to grant any such waiver.
(b) Compulsory process shall be
sought in advance of an attempted in- § 1903.6 Advance notice of inspections.
spection or investigation if, in the (a) Advance notice of inspections
judgment of the Area Director and the may not be given, except in the fol-
Regional Solicitor, circumstances exist lowing situations:
which make such preinspection process (1) In cases of apparent imminent
desirable or necessary. Some examples danger, to enable the employer to
of circumstances in which it may be abate the danger as quickly as possible;
desirable or necessary to seek compul- (2) In circumstances where the in-
sory process in advance of an attempt spection can most effectively be con-
to inspect or investigate include (but ducted after regular business hours or
are not limited to): where special preparations are nec-
(1) When the employer’s past practice essary for an inspection;
either implicitly or explicitly puts the (3) Where necessary to assure the
Secretary on notice that a warrantless presence of representatives of the em-
inspection will not be allowed; ployer and employees or the appro-

(2) When an inspection is scheduled priate personnel needed to aid in the
far from the local office and procuring inspection; and
33
(4) In other circumstances where the ment for not more than 6 months, or by
Area Director determines that the giv- both.
ing of advance notice would enhance EFFECTIVE DATE NOTE: At 81 FR 43452, July
the probability of an effective and 1, 2016, § 1903.6 was amended by revising para-
thorough inspection. graph (b), effective Aug. 1, 2016. For the con-
(b) In the situations described in venience of the user, the revised text is set
paragraph (a) of this section, advance forth as follows:
notice of inspections may be given only § 1903.6 Advance notice of inspections.
if authorized by the Area Director, ex-
cept that in cases of apparent immi- * * * * *
nent danger, advance notice may be
given by the Compliance Safety and (b) In the situations described in paragraph
(a) of this section, advance notice of inspec-
Health Officer without such authorizations may be given only if authorized by the
tion if the Area Director is not imme- Area Director, except that in cases of appar-
diately available. When advance notice ent imminent danger, advance notice may be
is given, it shall be the employer’s re- given by the Compliance Safety and Health
sponsibility promptly to notify the au- Officer without such authorization if the
thorized representative of employees of Area Director is not immediately available.
When advance notice is given, it shall be the
the inspection, if the identity of such
employer’s responsibility promptly to notify
representative is known to the em- the authorized representative of employees
ployer. (See § 1903.8(b) as to situations of the inspection, if the identity of such rep-
where there is no authorized represent- resentative is known to the employer. (See
ative of employees.) Upon the request § 1903.8(b) as to situations where there is no
of the employer, the Compliance Safe- authorized representative of employees.)
ty and Health Officer will inform the Upon the request of the employer, the Com-
authorized representative of employees pliance Safety and Health Officer will inform
the authorized representative of employees
of the inspection, provided that the of the inspection, provided that the employer
employer furnishes the Compliance furnishes the Compliance Safety and Health
Safety and Health Officer with the Officer with the identity of such representa-
identity of such representative and tive and with such other information as is
with such other information as is nec- necessary to enable him promptly to inform
essary to enable him promptly to in- such representative of the inspection. An
form such representative of the inspec- employer who fails to comply with his obli-
gation under this paragraph promptly to in-
tion. An employer who fails to comply form the authorized representative of em-
with his obligation under this para- ployees of the inspection or to furnish such
graph promptly to inform the author- information as is necessary to enable the
ized representative of employees of the Compliance Safety and Health Officer
inspection or to furnish such informa- promptly to inform such representative of
tion as is necessary to enable the Com- the inspection, may be subject to citation
pliance Safety and Health Officer and penalty in accordance with § 1903.15(d)(4).
Advance notice in any of the situations de-
promptly to inform such representative
scribed in paragraph (a) of this section shall
of the inspection, may be subject to ci- not be given more than 24 hours before the
tation and penalty under section 17(c) inspection is scheduled to be conducted, ex-
of the Act. Advance notice in any of cept in apparent imminent danger situations
the situations described in paragraph and in other unusual circumstances.
(a) of this section shall not be given
more than 24 hours before the inspec- * * * * *
tion is scheduled to be conducted, ex-
cept in apparent imminent danger situ- § 1903.7 Conduct of inspections.
ations and in other unusual cir- (a) Subject to the provisions of
cumstances. § 1903.3, inspections shall take place at
(c) The Act provides in section 17(f) such times and in such places of em-
that any person who gives advance no- ployment as the Area Director or the
tice of any inspection to be conducted Compliance Safety and Health Officer
under the Act, without authority from may direct. At the beginning of an in-
the Secretary or his designees, shall, spection, Compliance Safety and

upon conviction, be punished by fine of Health Officers shall present their cre-
not more than $1,000 or by imprison- dentials to the owner, operator, or
34
agent in charge at the establishment; (f) Inspections shall be conducted in

explain the nature and purpose of the accordance with the requirements of
inspection; and indicate generally the this part.
scope of the inspection and the records [36 FR 17850, Sept. 14, 1971, as amended at 47
specified in § 1903.3 which they wish to FR 6533, Feb. 12, 1982; 47 FR 55481, Dec. 10,
review. However, such designation of 1982]
records shall not preclude access to ad-
ditional records specified in § 1903.3. § 1903.8 Representatives of employers
(b) Compliance Safety and Health Of- and employees.
ficers shall have authority to take en- (a) Compliance Safety and Health Of-
vironmental samples and to take or ob- ficers shall be in charge of inspections
tain photographs related to the pur- and questioning of persons. A rep-
pose of the inspection, employ other resentative of the employer and a rep-
reasonable investigative techniques, resentative authorized by his employ-
and question privately any employer, ees shall be given an opportunity to ac-
owner, operator, agent or employee of company the Compliance Safety and
an establishment. (See § 1903.9 on trade Health Officer during the physical in-
secrets.) As used herein, the term em- spection of any workplace for the pur-
ploy other reasonable investigative tech- pose of aiding such inspection. A Com-
niques includes, but is not limited to, pliance Safety and Health Officer may
the use of devices to measure employee permit additional employer representa-
exposures and the attachment of per- tives and additional representatives
sonal sampling equipment such as authorized by employees to accompany
dosimeters, pumps, badges and other him where he determines that such ad-
similar devices to employees in order ditional representatives will further
to monitor their exposures. aid the inspection. A different em-
ployer and employee representative
(c) In taking photographs and sam-
may accompany the Compliance Safety
ples, Compliance Safety and Health Of-
and Health Officer during each dif-
ficers shall take reasonable pre- ferent phase of an inspection if this
cautions to insure that such actions will not interfere with the conduct of
with flash, spark-producing, or other the inspection.
equipment would not be hazardous. (b) Compliance Safety and Health Of-
Compliance Safety and Health Officers ficers shall have authority to resolve
shall comply with all employer safety all disputes as to who is the represent-
and health rules and practices at the ative authorized by the employer and
establishment being inspected, and employees for the purpose of this sec-
they shall wear and use appropriate tion. If there is no authorized rep-
protective clothing and equipment. resentative of employees, or if the
(d) The conduct of inspections shall Compliance Safety and Health Officer
be such as to preclude unreasonable is unable to determine with reasonable
disruption of the operations of the em- certainty who is such representative,
ployer’s establishment. he shall consult with a reasonable
(e) At the conclusion of an inspec- number of employees concerning mat-
tion, the Compliance Safety and Health ters of safety and health in the work-
Officer shall confer with the employer place.
or his representative and informally (c) The representative(s) authorized
advise him of any apparent safety or by employees shall be an employee(s)
health violations disclosed by the in- of the employer. However, if in the
spection. During such conference, the judgment of the Compliance Safety and
employer shall be afforded an oppor- Health Officer, good cause has been
tunity to bring to the attention of the shown why accompaniment by a third
Compliance Safety and Health Officer party who is not an employee of the
employer (such as an industrial hygien-
any pertinent information regarding
ist or a safety engineer) is reasonably
conditions in the workplace.

necessary to the conduct of an effective
and thorough physical inspection of
the workplace, such third party may
35
accompany the Compliance Safety and secrets, processes, operations, style of

Health Officer during the inspection. work, or apparatus, or to the identity,
(d) Compliance Safety and Health Of- confidential statistical data, amount
ficers are authorized to deny the right or source of any income, profits, losses,
of accompaniment under this section or expenditures of any person, firm,
to any person whose conduct interferes partnership, corporation, or associa-
with a fair and orderly inspection. The tion; or permits any income return or
right of accompaniment in areas con- copy thereof or any book containing
taining trade secrets shall be subject to any abstract or particulars thereof to
the provisions of § 1903.9(d). With regard be seen or examined by any person ex-
to information classified by an agency cept as provided by law; shall be fined
of the U.S. Government in the interest not more than $1,000, or imprisoned not
of national security, only persons au- more than 1 year, or both; and shall be
thorized to have access to such infor- removed from office or employment.’’
mation may accompany a Compliance (c) At the commencement of an in-
Safety and Health Officer in areas con- spection, the employer may identify
taining such information. areas in the establishment which con-
tain or which might reveal a trade se-
§ 1903.9 Trade secrets. cret. If the Compliance Safety and
(a) Section 15 of the Act provides: Health Officer has no clear reason to
‘‘All information reported to or other- question such identification, informa-
wise obtained by the Secretary or his tion obtained in such areas, including
representative in connection with any all negatives and prints of photo-
inspection or proceeding under this Act graphs, and environmental samples,
which contains or which might reveal a shall be labeled ‘‘confidential—trade
trade secret referred to in section 1905 secret’’ and shall not be disclosed ex-
of title 18 of the United States Code cept in accordance with the provisions
shall be considered confidential for the of section 15 of the Act.
purpose of that section, except that (d) Upon the request of an employer,
such information may be disclosed to any authorized representative of em-
other officers or employees concerned ployees under § 1903.8 in an area con-
with carrying out this Act or when rel- taining trade secrets shall be an em-
evant in any proceeding under this Act. ployee in that area or an employee au-
In any such proceeding the Secretary, thorized by the employer to enter that
the Commission, or the court shall area. Where there is no such represent-
issue such orders as may be appro- ative or employee, the Compliance
priate to protect the confidentiality of Safety and Health Officer shall consult
trade secrets.’’ Section 15 of the Act is with a reasonable number of employees
considered a statute within the mean- who work in that area concerning mat-
ing of section 552(b)(3) of title 5 of the ters of safety and health.
United States Code, which exempts
from the disclosure requirements mat- § 1903.10 Consultation with employees.
ters that are ‘‘specifically exempted Compliance Safety and Health Offi-
from disclosure by statute.’’ 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
36
where such employee is employed may § 1903.12 Inspection not warranted; in-
request an inspection of such work- formal review.
place by giving notice of the alleged (a) If the Area Director determines
violation to the Area Director or to a that an inspection is not warranted be-
Compliance Safety and Health Officer. cause there are no reasonable grounds
Any such notice shall be reduced to to believe that a violation or danger
writing, shall set forth with reasonable exists with respect to a complaint
particularity the grounds for the no- under § 1903.11, he shall notify the com-
tice, and shall be signed by the em- plaining party in writing of such deter-
ployee or representative of employees. mination. The complaining party may
A copy shall be provided the employer obtain review of such determination by
or his agent by the Area Director or submitting a written statement of po-
Compliance Safety and Health Officer sition with the Assistant Regional Di-
no later than at the time of inspection, rector and, at the same time, providing
except that, upon the request of the the employer with a copy of such state-
person giving such notice, his name ment by certified mail. The employer
and the names of individual employees may submit an opposing written state-
referred to therein shall not appear in ment of position with the Assistant Re-
such copy or on any record published, gional Director and, at the same time,
released, or made available by the De- provide the complaining party with a
partment of Labor. copy of such statement by certified
(b) If upon receipt of such notifica- mail. Upon the request of the com-
tion the Area Director determines that plaining party or the employer, the As-
the complaint meets the requirements sistant Regional Director, at his dis-
set forth in paragraph (a) of this sec- cretion, may hold an informal con-
tion, and that there are reasonable ference in which the complaining party
grounds to believe that the alleged vio- and the employer may orally present
lation exists, he shall cause an inspec- their views. After considering all writ-
tion to be made as soon as practicable, ten and oral views presented, the As-
to determine if such alleged violation sistant Regional Director shall affirm,
exists. Inspections under this section modify, or reverse the determination of
shall not be limited to matters referred the Area Director and furnish the com-
to in the complaint. plaining party and the employer and
(c) Prior to or during any inspection written notification of this decision
of a workplace, any employee or rep- and the reasons therefor. The decision
resentative of employees employed in of the Assistant Regional Director
such workplace may notify the Compli- shall be final and not subject to further
ance Safety and Health Officer, in writ- review.
ing, of any violation of the Act which (b) If the Area Director determines
they have reason to believe exists in that an inspection is not warranted be-
such workplace. Any such notice shall cause the requirements of § 1903.11(a)
comply with the requirements of para- have not been met, he shall notify the
graph (a) of this section. complaining party in writing of such
(d) Section 11(c)(1) of the Act pro-
determination. Such determination
vides: ‘‘No person shall discharge or in
shall be without prejudice to the filing
any manner discriminate against any
of a new complaint meeting the re-
employee because such employee has
quirements of § 1903.11(a).
filed any complaint or instituted or
caused to be instituted any proceeding § 1903.13 Imminent danger.
under or related to this Act or has tes-
Whenever and as soon as a Compli-
tified or is about to testify in any such
ance Safety and Health Officer con-
proceeding or because of the exercise
cludes on the basis of an inspection
by such employee on behalf of himself
that conditions or practices exist in
or others of any right afforded by this
any place of employment which could
Act.’’
reasonably be expected to cause death
(Approved by the Office of Management and or serious physical harm immediately
Budget under control number 1218–0064) or before the imminence of such danger
[36 FR 17850, Sept. 4, 1973, as amended at 54 can be eliminated through the enforce-
FR 24333, June 7, 1989] ment procedures otherwise provided by
37
the Act, he shall inform the affected alleged in a request for inspection
employees and employers of the danger under § 1903.11(a) or a notification of
and that he is recommending a civil ac- violation under § 1903.11(c), a copy of
tion to restrain such conditions or the citation or notice of de minimis
practices and for other appropriate re- violations shall also be sent to the em-
lief in accordance with the provisions ployee or representative of employees
of section 13(a) of the Act. Appropriate who made such request or notification.
citations and notices of proposed pen- (d) After an inspection, if the Area
alties may be issued with respect to an Director determines that a citation is
imminent danger even though, after not warranted with respect to a danger
being informed of such danger by the or violation alleged to exist in a re-
Compliance Safety and Health Officer, quest for inspection under § 1903.11(a) or
the employer immediately eliminates a notification of violation under
the imminence of the danger and initi- § 1903.11(c), the informal review proce-
ates steps to abate such danger. dures prescribed in § 1903.12(a) shall be
applicable. After considering all views
§ 1903.14 Citations; notices of de mini- presented, the Assistant Regional Di-
mis violations; policy regarding em-
ployee rescue activities. rector shall affirm the determination
of the Area Director, order a reinspec-
(a) The Area Director shall review tion, or issue a citation if he believes
the inspection report of the Compli- that the inspection disclosed a viola-
ance Safety and Health Officer. If, on tion. The Assistant Regional Director
the basis of the report the Area Direc- shall furnish the complaining party
tor believes that the employer has vio- and the employer with written notifi-
lated a requirement of section 5 of the cation of his determination and the
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
safety or health. An appropriate cita- Act or, if contested, unless the citation
tion or notice of de minimis violations is affirmed by the Review Commission.
shall be issued even though after being (f) No citation may be issued to an
informed of an alleged violation by the employer because of a rescue activity
Compliance Safety and Health Officer, undertaken by an employee of that em-
the employer immediately abates, or ployer with respect to an individual in
initiates steps to abate, such alleged imminent danger unless:
violation. Any citation or notice of de (1)(i) Such employee is designated or
minimis violations shall be issued with assigned by the employer to have re-
reasonable promptness after termi- sponsibility to perform or assist in res-
nation of the inspection. No citation cue operations, and
may be issued under this section after (ii) The employer fails to provide pro-
the expiration of 6 months following tection of the safety and health of such
the occurrence of any alleged viola- employee, including failing to provide
tion. appropriate training and rescue equip-
(b) Any citation shall describe with ment; or
particularity the nature of the alleged (2)(i) Such employee is directed by
violation, including a reference to the the employer to perform rescue activi-
provision(s) of the Act, standard, rule, ties in the course of carrying out the
regulation, or order alleged to have employee’s job duties, and
been violated. Any citation shall also (ii) The employer fails to provide pro-
fix a reasonable time or times for the tection of the safety and health of such
abatement of the alleged violation. employee, including failing to provide

(c) If a citation or notice of de mini- appropriate training and rescue equip-
mis violations is issued for a violation ment; or
38
Occupational Safety and Health Admin., Labor § 1903.14a
(3)(i) Such employee is employed in a alteration of facilities cannot be com-

workplace that requires the employee pleted by the original abatement date.
to carry out duties that are directly re- (4) All available interim steps being
lated to a workplace operation where taken to safeguard the employees
the likelihood of life-threatening acci- against the cited hazard during the
dents is foreseeable, such as a work- abatement period.
place operation where employees are (5) A certification that a copy of the
located in confined spaces or trenches, petition has been posted and, if appro-
handle hazardous waste, respond to priate, served on the authorized rep-
emergency situations, perform exca- resentative of affected employees, in
vations, or perform construction over accordance with paragraph (c)(1) of this
water; and section and a certification of the date
(ii) Such employee has not been des- upon which such posting and service
ignated or assigned to perform or assist was made.
in rescue operations and voluntarily
(c) A petition for modification of
elects to rescue such an individual; and
abatement date shall be filed with the
(iii) The employer has failed to in-
struct employees not designated or as- Area Director of the United States De-
signed to perform or assist in rescue partment of Labor who issued the cita-
operations of the arrangements for res- tion no later than the close of the next
cue, not to attempt rescue, and of the working day following the date on
hazards of attempting rescue without which abatement was originally re-
adequate training or equipment. quired. A later-filed petition shall be
(4) For purposes of this policy, the accompanied by the employer’s state-
term ‘‘imminent danger’’ means the ex- ment of exceptional circumstances ex-
istence of any condition or practice plaining the delay.
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
(a) An employer may file a petition shall be served with a copy of such pe-
for modification of abatement date tition.
when he has made a good faith effort to (2) Affected employees or their rep-
comply with the abatement require- resentatives may file an objection in
ments of a citation, but such abate- writing to such petition with the afore-
ment has not been completed because said Area Director. Failure to file such
of factors beyond his reasonable con- objection within ten (10) working days
trol. of the date of posting of such petition
(b) A petition for modification of or of service upon an authorized rep-
abatement date shall be in writing and resentative shall constitute a waiver of
shall include the following informa- any further right to object to said peti-
tion: tion.
(1) All steps taken by the employer, (3) The Secretary or his duly author-
and the dates of such action, in an ef- ized agent shall have the authority to
fort to achieve compliance during the approve any petition for modification
prescribed abatement period. of abatement date filed pursuant to
(2) The specific additional abatement paragraphs (b) and (c) of this section.
time necessary in order to achieve Such uncontested petitions shall be-
compliance. come final orders pursuant to sections
(3) The reasons such additional time 10 (a) and (c) of the Act.
is necessary, including the unavail- (4) The Secretary or his authorized
ability of professional or technical per- representative shall not exercise his

sonnel or of materials and equipment, approval power until the expiration of
or because necessary construction or fifteen (15) working days from the date
39
the petition was posted or served pur- EFFECTIVE DATE NOTE: At 81 FR 43453, July
suant to paragraphs (c) (1) and (2) of 1, 2016, § 1903.15 was amended by revising
this section by the employer. paragraphs (a) and (b) and adding paragraph
(d), effective Aug. 1, 2016. For the conven-
(d) Where any petition is objected to ience of the user, the added and revised text
by the Secretary or affected employ- is set forth as follows:
ees, the petition, citation, and any ob-
jections shall be forwarded to the Com- § 1903.15 Proposed penalties.
mission within three (3) working days (a) After, or concurrent with, the issuance
after the expiration of the fifteen (15) of a citation, and within a reasonable time
after the termination of the inspection, the
day period set out in paragraph (c)(4) of
Area Director shall notify the employer by
this section. certified mail or by personal service by the
[40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, Compliance Safety and Health Officer of the
1975] proposed penalty in accordance with para-
graph (d) of this section, or that no penalty
is being proposed. Any notice of proposed
§ 1903.15 Proposed penalties.
penalty shall state that the proposed penalty
(a) After, or concurrent with, the shall be deemed to be the final order of the
issuance of a citation, and within a Review Commission and not subject to re-
reasonable time after the termination view by any court or agency unless, within 15
working days from the date of receipt of
of the inspection, the Area Director such notice, the employer notifies the Area
shall notify the employer by certified Director in writing that he intends to con-
mail or by personal service by the test the citation or the notification of pro-
Compliance Safety and Health Officer posed penalty before the Review Commis-
of the proposed penalty under section sion.
17 of the Act, or that no penalty is (b) The Area Director shall determine the
being proposed. Any notice of proposed amount of any proposed penalty, giving due
consideration to the appropriateness of the
penalty shall state that the proposed penalty with respect to the size of the busi-
penalty shall be deemed to be the final ness of the employer being charged, the grav-
order of the Review Commission and ity of the violation, the good faith of the em-
not subject to review by any court or ployer, and the history of previous viola-
agency unless, within 15 working days tions, in accordance with the provisions of
from the date of receipt of such notice, section 17 of the Act and paragraph (d) of
the employer notifies the Area Direc- this section.
tor in writing that he intends to con-
test the citation or the notification of * * * * *
proposed penalty before the Review (d) Adjusted civil monetary penalties. The ad-
Commission. justed civil penalties for penalties proposed
(b) The Area Director shall determine on or after August 1, 2016 are as follows:
the amount of any proposed penalty, (1) Willful violation. The penalty per willful
violation under section 17(a) of the Act, 29
giving due consideration to the appro-
U.S.C. 666(a), shall not be less than $8,908 and
priateness of the penalty with respect shall not exceed $124,709.
to the size of the business of the em- (2) Repeated violation. The penalty per re-
ployer being charged, the gravity of peated violation under section 17(a) of the
the violation, the good faith of the em- Act, 29 U.S.C. 666(a), shall not exceed
ployer, and the history of previous vio- $124,709.
lations, in accordance with the provi- (3) Serious violation. The penalty for a seri-
sions of section 17 of the Act. ous violation under section 17(b) of the Act,
29 U.S.C. 666(b), shall not exceed $12,471.
(c) Appropriate penalties may be pro- (4) Other-than-serious violation. The penalty
posed with respect to an alleged viola- for an other-than-serious violation under
tion even though after being informed section 17(c) of the Act, 29 U.S.C. 666(c), shall
of such alleged violation by the Com- not exceed $12,471.
pliance Safety and Health Officer, the (5) Failure to correct violation. The penalty
employer immediately abates, or initi- for a failure to correct a violation under sec-
tion 17(d) of the Act, 29 U.S.C. 666(d), shall
ates steps to abate, such alleged viola-
not exceed $12,471 per day.
tion. Penalties shall not be proposed (6) Posting requirement violation. The pen-
for de minimis violations which have alty for a posting requirement violation
no direct or immediate relationship to under section 17(i) of the Act, 29 U.S.C. 666(i),
safety or health. shall not exceed $12,471.
40
§ 1903.16 Posting of citations. convenience of the user, the revised text is

set forth as follows:
(a) Upon receipt of any citation
under the Act, the employer shall im- § 1903.16 Posting of citations.
mediately post such citation, or a copy
thereof, unedited, at or near each place * * * * *
an alleged violation referred to in the (d) Any employer failing to comply with
citation occurred, except as provided the provisions of paragraphs (a) and (b) of
below. Where, because of the nature of this section shall be subject to citation and
the employer’s operations, it is not penalty in accordance with § 1903.15(d).
practicable to post the citation at or
near each place of alleged violation, § 1903.17 Employer and employee con-
such citation shall be posted, unedited, tests before the Review Commis-
sion.
in a prominent place where it will be
readily observable by all affected em- (a) Any employer to whom a citation
ployees. For example, where employers or notice of proposed penalty has been
are engaged in activities which are issued may, under section 10(a) of the
physically dispersed (see § 1903.2(b)), the Act, notify the Area Director in writ-
citation may be posted at the location ing that he intends to contest such ci-
to which employees report each day. tation or proposed penalty before the
Where employees do not primarily Review Commission. Such notice of in-
work at or report to a single location tention to contest shall be postmarked
(see § 1903.2(b)), the citation may be within 15 working days of the receipt
posted at the location from which the by the employer of the notice of pro-
employees operate to carry out their posed penalty. Every notice of inten-
activities. The employer shall take tion to contest shall specify whether it
steps to ensure that the citation is not is directed to the citation or to the
altered, defaced, or covered by other proposed penalty, or both. The Area Di-
material. Notices of de minimis viola- rector shall immediately transmit such
tions need not be posted. notice to the Review Commission in ac-
(b) Each citation, or a copy thereof, cordance with the rules of procedure
shall remain posted until the violation prescribed by the Commission.
has been abated, or for 3 working days, (b) Any employee or representative of
whichever is later. The filing by the employees of an employer to whom a
employer of a notice of intention to citation has been issued may, under
contest under § 1903.17 shall not affect section 10(c) of the Act, file a written
his posting responsibility under this notice with the Area Director alleging
section unless and until the Review that the period of time fixed in the ci-
Commission issues a final order tation for the abatement of the viola-
vacating the citation. tion is unreasonable. Such notice shall
be postmarked within 15 working days
(c) An employer to whom a citation
of the receipt by the employer of the
has been issued may post a notice in
notice of proposed penalty or notice
the same location where such citation
that no penalty is being proposed. The
is posted indicating that the citation is
Area Director shall immediately trans-
being contested before the Review
mit such notice to the Review Commis-
Commission, and such notice may ex-
sion in accordance with the rules of
plain the reasons for such contest. The
procedure prescribed by the Commis-
employer may also indicate that speci-
sion.
fied steps have been taken to abate the
violation. § 1903.18 Failure to correct a violation
(d) Any employer failing to comply for which a citation has been
with the provisions of paragraphs (a) issued.
and (b) of this section shall be subject (a) If an inspection discloses that an
to citation and penalty in accordance employer has failed to correct an al-
with the provisions of section 17 of the leged violation for which a citation has
Act. been issued within the period per-
EFFECTIVE DATE NOTE: At 81 FR 43453, July mitted for its correction, the Area Di-
1, 2016, § 1903.16 was amended by revising rector shall, if appropriate, consult
paragraph (d), effective Aug. 1, 2016. For the with the Regional Solicitor, and he
41
shall notify the employer by certified Safety and Health Officer of such failure and
mail or by personal service by the of the additional penalty proposed under
Compliance Safety and Health Officer § 1903.15(d)(5) by reason of such failure. The
period for the correction of a violation for
of such failure and of the additional
which a citation has been issued shall not
penalty proposed under section 17(d) of begin to run until the entry of a final order
the Act by reason of such failure. The of the Review Commission in the case of any
period for the correction of a violation review proceedings initiated by the employer
for which a citation has been issued in good faith and not solely for delay or
shall not begin to run until the entry avoidance of penalties.
of a final order of the Review Commis-
sion in the case of any review pro- * * * * *
ceedings initiated by the employer in
good faith and not solely for delay or § 1903.19 Abatement verification.
avoidance of penalties. Purpose. OSHA’s inspections are in-
(b) Any employer receiving a notifi- tended to result in the abatement of
cation of failure to correct a violation violations of the Occupational Safety
and of proposed additional penalty and Health Act of 1970 (the OSH Act).
may, under section 10(b) of the Act, no- This section sets forth the procedures
tify the Area Director in writing that OSHA will use to ensure abatement.
he intends to contest such notification These procedures are tailored to the
or proposed additional penalty before nature of the violation and the employ-
the Review Commission. Such notice of er’s abatement actions.
intention to contest shall be post- (a) Scope and application. This section
marked within 15 working days of the applies to employers who receive a ci-
receipt by the employer of the notifica- tation for a violation of the Occupa-
tion of failure to correct a violation tional Safety and Health Act.
and of proposed additional penalty. The (b) Definitions—(1) Abatement means
Area Director shall immediately transaction by an employer to comply with
mit such notice to the Review Commis- a cited standard or regulation or to
sion in accordance with the rules of
eliminate a recognized hazard identi-
procedure prescribed by the Commis-
fied by OSHA during an inspection.
sion.
(2) Abatement date means:
(c) Each notification of failure to
(i) For an uncontested citation item,
correct a violation and of proposed ad-
the later of:
ditional penalty shall state that it
(A) The date in the citation for
shall be deemed to be the final order of
abatement of the violation;
the Review Commission and not sub-
(B) The date approved by OSHA or es-
ject to review by any court or agency
tablished in litigation as a result of a
unless, within 15 working days from
petition for modification of the abate-
the date of receipt of such notification,
ment date (PMA); or
the employer notifies the Area Direc-
(C) The date established in a citation
tor in writing that he intends to con-
by an informal settlement agreement.
test the notification or the proposed
(ii) For a contested citation item for
additional penalty before the Review
Commission. which the Occupational Safety and
Health Review Commission (OSHRC)
EFFECTIVE DATE NOTE: At 81 FR 43453, July has issued a final order affirming the
1, 2016, § 1903.18 was amended by revising violation, the later of:
paragraph (a), effective Aug. 1, 2016. For the (A) The date identified in the final
convenience of the user, the revised text is
set forth as follows: order for abatement; or
(B) The date computed by adding the
§ 1903.18 Failure to correct a violation for period allowed in the citation for
which a citation has been issued. abatement to the final order date;
(a) If an inspection discloses that an em- (C) The date established by a formal
ployer has failed to correct an alleged viola- settlement agreement.
tion for which a citation has been issued
within the period permitted for its correc-
(3) Affected employees means those
tion, the Area Director shall, if appropriate, employees who are exposed to the haz-
consult with the Regional Solicitor, and he ard(s) identified as violation(s) in a ci-
shall notify the employer by certified mail tation.
or by personal service by the Compliance (4) Final order date means:
42
(i) For an uncontested citation item, tion and for any serious violation for
the fifteenth working day after the em- which the Agency indicates in the cita-
ployer’s receipt of the citation; tion that such abatement documenta-
(ii) For a contested citation item: tion is required.
(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
certify abatement if the OSHA Compli- NOTE TO PARAGRAPH (e): Appendix B con-
ance Officer, during the on-site portion tains a Sample Abatement Plan form.
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-
NOTE TO PARAGRAPH (c): Appendix A con- ports are required; and
tains a sample Abatement Certification Let- (iv) The date(s) on which additional
ter. progress reports must be submitted.
(d) Abatement documentation. (1) The (2) For each violation, the progress
employer must submit to the Agency, report must identify, in a single sen-
along with the information on abate- tence if possible, the action taken to
ment certification required by para- achieve abatement and the date the ac-
graph (c)(3) of this section, documents tion was taken.

demonstrating that abatement is com- NOTE TO PARAGRAPH (f): Appendix B con-
plete for each willful or repeat viola- tains a Sample Progress Report form.
43
(g) Employee notification. (1) The em- (v) The signature of the employer or
ployer must inform affected employees the employer’s authorized representa-
and their representative(s) about tive.
abatement activities covered by this (2) The date of postmark is the date
section by posting a copy of each docu- of submission for mailed documents.
ment submitted to the Agency or a For documents transmitted by other
summary of the document near the means, the date the Agency receives
place where the violation occurred. the document is the date of submis-
(2) Where such posting does not effec- sion.
tively inform employees and their rep- (i) Movable equipment. (1) For serious,
resentatives about abatement activi- repeat, and willful violations involving
ties (for example, for employers who movable equipment, the employer
have mobile work operations), the em- must attach a warning tag or a copy of
ployer must: the citation to the operating controls
(i) Post each document or a summary or to the cited component of equipment
of the document in a location where it that is moved within the worksite or
will be readily observable by affected between worksites.
employees and their representatives; or NOTE TO PARAGRAPH (i)(1): Attaching a
(ii) Take other steps to communicate copy of the citation to the equipment is
fully to affected employees and their deemed by OSHA to meet the tagging re-
representatives about abatement ac- quirement of paragraph (i)(1) of this section
tivities. as well as the posting requirement of 29 CFR
(3) The employer must inform em- 1903.16.
ployees and their representatives of (2) The employer must use a warning
their right to examine and copy all tag that properly warns employees
abatement documents submitted to the about the nature of the violation in-
Agency. volving the equipment and identifies
(i) An employee or an employee rep- the location of the citation issued.
resentative must submit a request to
examine and copy abatement docu- NOTE TO PARAGRAPH (i)(2): Non-Mandatory
ments within 3 working days of receiv- Appendix C contains a sample tag that em-
ployers may use to meet this requirement.
ing notice that the documents have
been submitted. (3) If the violation has not already
(ii) The employer must comply with been abated, a warning tag or copy of
an employee’s or employee representa- the citation must be attached to the
tive’s request to examine and copy equipment:
abatement documents within 5 working (i) For hand-held equipment, imme-
days of receiving the request. diately after the employer receives the
(4) The employer must ensure that citation; or
notice to employees and employee rep- (ii) For non-hand-held equipment,
resentatives is provided at the same prior to moving the equipment within
time or before the information is pro- or between worksites.
vided to the Agency and that abate- (4) For the construction industry, a
ment documents are: tag that is designed and used in accord-
(i) Not altered, defaced, or covered by ance with 29 CFR 1926.20(b)(3) and 29
other material; and CFR 1926.200(h) is deemed by OSHA to
(ii) Remain posted for three working meet the requirements of this section
days after submission to the Agency. when the information required by para-
(h) Transmitting abatement documents. graph (i)(2) is included on the tag.
(1) The employer must include, in each (5) The employer must assure that
submission required by this section, the tag or copy of the citation attached
the following information: to movable equipment is not altered,
(i) The employer’s name and address; defaced, or covered by other material.
(ii) The inspection number to which (6) The employer must assure that
the submission relates; the tag or copy of the citation attached
(iii) The citation and item numbers to movable equipment remains at-
to which the submission relates; tached until:

(iv) A statement that the informa- (i) The violation has been abated and
tion submitted is accurate; and all abatement verification documents
44
required by this regulation have been llllllllllllllllllllllll

submitted to the Agency; Typed or Printed Name
(ii) The cited equipment has been APPENDIX B TO SECTION 1903.19—SAMPLE
permanently removed from service or ABATEMENT PLAN OR PROGRESS REPORT
is no longer within the employer’s con- (NONMANDATORY)
trol; or
(Name), Area Director
(iii) The Commission issues a final U. S. Department of Labor—OSHA
order vacating the citation. Address of Area Office (on the citation)
APPENDICES TO § 1903.19—ABATEMENT [Company’s Name]
VERIFICATION [Company’s Address]
NOTE: Appendices A through C provide in- Check one:
formation and nonmandatory guidelines to Abatement Plan [ ]
assist employers and employees in com- Progress Report [ ]
plying with the appropriate requirements of Inspection Number lllllllllllll
this section. Page ll of llll
Citation Number(s)* llllllllllll
APPENDIX A TO SECTION 1903.19—SAMPLE Item Number(s)* llllllllllllll
ABATEMENT-CERTIFICATION LETTER (NON-
MANDATORY) Proposed
Comple- Comple-
(Name), Area Director tion Date tion Date
U. S. Department of Labor—OSHA (for (for
Action abate- progress
Address of the Area Office (on the citation) ment reports
[Company’s Name] plans only)
only)
[Company’s Address]
The hazard referenced in Inspection Num- 1. ........................................... ............... ...............
ber [insert 9-digit #] for violation identified ...............................................
as: ...............................................
2. ........................................... ............... ...............
Citation [insert #] and item [insert #] was ...............................................
corrected on [insert date] by: ...............................................
llllllllllllllllllllllll 3. ........................................... ............... ...............
...............................................
corrected on [insert date] by: 4. ........................................... ............... ...............
llllllllllllllllllllllll ...............................................
............................................... ............... ...............
Citation [insert #] and item [insert #] was 5. ........................................... ............... ...............
corrected on [insert date] by: ...............................................
............................................... ............... ...............
llllllllllllllllllllllll
6. ........................................... ............... ...............
corrected on [insert date] by: ............................................... ............... ...............
7. ........................................... ............... ...............
llllllllllllllllllllllll ...............................................
Citation [insert #] and item [insert #] was
Date required for final abatement: lllll
corrected on [insert date] by:
I attest that the information contained in
llllllllllllllllllllllll this document is accurate.
Citation [insert #] and item [insert #] was llllllllllllllllllllllll
corrected on [insert date] by: Signature
llllllllllllllllllllllll llllllllllllllllllllllll
Citation [insert #] and item [insert #] was Typed or Printed Name
corrected on insert date by: Name of primary point of contact for ques-
llllllllllllllllllllllll tions: [optional]
Citation [insert #] and item [insert #] was Telephone number: lllllllllllll
corrected on [insert date] by: *Abatement plans or progress reports for
more than one citation item may be com-
bined in a single abatement plan or progress
I attest that the information contained in report if the abatement actions, proposed
this document is accurate. completion dates, and actual completion
llllllllllllllllllllllll dates (for progress reports only) are the
Signature same for each of the citation items.
45
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-
46
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]
47
Pt. 1904 29 CFR Ch. XVII (7–1–16 Edition)
PART 1904—RECORDING AND RE- APPENDIX A TO SUBPART E TO PART 1904—

DESIGNATED INDUSTRIES FOR § 1904.41(a)(2)
PORTING OCCUPATIONAL INJU- ANNUAL ELECTRONIC SUBMISSION OF OSHA
RIES AND ILLNESSES FORM 300A SUMMARY OF WORK-RELATED
INJURIES AND ILLNESSES BY ESTABLISH-
Subpart A—Purpose MENTS WITH 20 OR MORE EMPLOYEES BUT
FEWER THAN 250 EMPLOYEES IN DES-
Sec. IGNATED INDUSTRIES
1904.0 Purpose.
Subpart F—Transition From the Former Rule
Subpart B—Scope
1904.43 Summary and posting of year 2000
1904.1 Partial exemption for employers with data.
10 or fewer employees. 1904.44 Retention and updating of old forms.
1904.2 Partial exemption for establishments 1904.45 OMB control numbers under the Pa-
in certain industries. perwork Reduction Act.
1904.3 Keeping records for more than one
agency. Subpart G—Definitions
NON-MANDATORY APPENDIX A TO SUBPART B
1904.46 Definitions.
OF PART 1904—PARTIALLY EXEMPT INDUS-
TRIES. AUTHORITY: 29 U.S.C. 657, 658, 660, 666, 669,
673, Secretary of Labor’s Order No. 1–2012 (77
Subpart C—Recordkeeping Forms and FR 3912, Jan. 25, 2012).
Recording Criteria SOURCE: 66 FR 6122, Jan. 19, 2001, unless
otherwise noted.
1904.4 Recording criteria.
1904.5 Determination of work-relatedness.
1904.6 Determination of new cases. Subpart A—Purpose
1904.7 General recording criteria.
1904.8 Recording criteria for needlestick and § 1904.0 Purpose.
sharps injuries.
The purpose of this rule (Part 1904) is
1904.9 Recording criteria for cases involving
medical removal under OSHA standards.
to require employers to record and re-
1904.10 Recording criteria for cases involv- port work-related fatalities, injuries
ing occupational hearing loss. and illnesses.
1904.11 Recording criteria for work-related NOTE TO § 1904.0: Recording or reporting a
tuberculosis cases. work-related injury, illness, or fatality does
1904.13–1904.28 [Reserved] not mean that the employer or employee was
1904.29 Forms. at fault, that an OSHA rule has been vio-
lated, or that the employee is eligible for
Subpart D—Other OSHA Injury and Illness workers’ compensation or other benefits.
Recordkeeping Requirements
1904.30 Multiple business establishments. Subpart B—Scope
1904.31 Covered employees.
1904.32 Annual summary. NOTE TO SUBPART B: All employers covered
1904.33 Retention and updating. by the Occupational Safety and Health Act
1904.34 Change in business ownership. (OSH Act) are covered by these part 1904 reg-
1904.35 Employee involvement. ulations. However, most employers do not
1904.36 Prohibition against discrimination. have to keep OSHA injury and illness records
1904.37 State recordkeeping regulations. unless OSHA or the Bureau of Labor Statis-
1904.38 Variances from the recordkeeping tics (BLS) informs them in writing that they
rule. must keep records. For example, employers
with 10 or fewer employees and business es-
Subpart E—Reporting Fatality, Injury and tablishments in certain industry classifica-
Illness Information to the Government tions are partially exempt from keeping
OSHA injury and illness records.
1904.39 Reporting fatalities, hospitaliza-
tions, amputations, and losses of an eye § 1904.1 Partial exemption for employ-
as a result of work-related incidents to ers with 10 or fewer employees.
OSHA. (a) Basic requirement. (1) If your com-
1904.40 Providing records to government
pany had ten (10) or fewer employees at
representatives.
1904.41 Annual OSHA Injury and Illness Sur- all times during the last calendar year,
vey of Ten or More Employers. you do not need to keep OSHA injury
1904.42 Requests from the Bureau of Labor and illness records unless OSHA or the
Statistics for data. BLS informs you in writing that you
48
must keep records under § 1904.41 or by my company? The partial industry

§ 1904.42. However, as required by classification exemption applies to in-
§ 1904.39, all employers covered by the dividual business establishments. If a
OSH Act must report to OSHA any company has several business estab-
workplace incident that results in a fa- lishments engaged in different classes
tality or the hospitalization of three or of business activities, some of the com-
more employees. pany’s establishments may be required
(2) If your company had more than to keep records, while others may be
ten (10) employees at any time during partially exempt.
the last calendar year, you must keep (2) How do I determine the correct
OSHA injury and illness records unless
NAICS code for my company or for indi-
your establishment is classified as a
vidual establishments? You can deter-
partially exempt industry under
§ 1904.2. mine your NAICS code by using one of
(b) Implementation—(1) Is the partial three methods, or you may contact
exemption for size based on the size of my your nearest OSHA office or State
entire company or on the size of an indi- agency for help in determining your
vidual business establishment? The par- NAICS code:
tial exemption for size is based on the (i) You can use the search feature at
number of employees in the entire the U.S. Census Bureau NAICS main
company. Web page: http://www.census.gov/eos/
(2) How do I determine the size of my www/naics/. In the search box for the
company to find out if I qualify for the most recent NAICS, enter a keyword
partial exemption for size? To determine that describes your kind of business. A
if you are exempt because of size, you list of primary business activities con-
need to determine your company’s taining that keyword and the cor-
peak employment during the last cal- responding NAICS codes will appear.
endar year. If you had no more than 10 Choose the one that most closely cor-
employees at any time in the last cal- responds to your primary business ac-
endar year, your company qualifies for tivity, or refine your search to obtain
the partial exemption for size. other choices.
§ 1904.2 Partial exemption for estab- (ii) Rather than searching through a
lishments in certain industries. list of primary business activities, you
(a) Basic requirement. (1) If your busi- may also view the most recent com-
ness establishment is classified in a plete NAICS structure with codes and
specific industry group listed in appen- titles by clicking on the link for the
dix A to this subpart, you do not need most recent NAICS on the U.S. Census
to keep OSHA injury and illness Bureau NAICS main Web page: http://
records unless the government asks www.census.gov/eos/www/naics/. Then
you to keep the records under § 1904.41 click on the two-digit Sector code to
or § 1904.42. However, all employers see all the NAICS codes under that
must report to OSHA any workplace Sector. Then choose the six-digit code
incident that results in an employee’s of your interest to see the cor-
fatality, in-patient hospitalization, responding definition, as well as cross-
amputation, or loss of an eye (see references and index items, when avail-
§ 1904.39). able.
(2) If one or more of your company’s (iii) If you know your old SIC code,
establishments are classified in a non- you can also find the appropriate 2002
exempt industry, you must keep OSHA NAICS code by using the detailed con-
injury and illness records for all of version (concordance) between the 1987
such establishments unless your com- SIC and 2002 NAICS available in Excel
pany is partially exempted because of format for download at the ‘‘Concord-
size under § 1904.1. ances’’ link at the U.S. Census Bureau
(b) Implementation—(1) Is the partial
NAICS main Web page: http://
industry classification exemption based on
www.census.gov/eos/www/naics/.
the industry classification of my entire
company or on the classification of indi- [66 FR 6122, Jan. 19, 2001, as amended at 79
vidual business establishments operated FR 56186, Sept. 18, 2014]
49
§ 1904.3 Keeping records for more than NAICS Code Industry

one agency.
5182 ............ Data Processing, Hosting, and Related Serv-
If you create records to comply with ices.
another government agency’s injury 5191 ............ Other Information Services.
5211 ............ Monetary Authorities—Central Bank.
and illness recordkeeping require- 5221 ............ Depository Credit Intermediation.
ments, OSHA will consider those 5222 ............ Nondepository Credit Intermediation.
records as meeting OSHA’s part 1904 5223 ............ Activities Related to Credit Intermediation.
5231 ............ Securities and Commodity Contracts Inter-
recordkeeping requirements if OSHA mediation and Brokerage.
accepts the other agency’s records 5232 ............ Securities and Commodity Exchanges.
under a memorandum of understanding 5239 ............ Other Financial Investment Activities.
5241 ............ Insurance Carriers.
with that agency, or if the other agen- 5242 ............ Agencies, Brokerages, and Other Insurance
cy’s records contain the same informa- Related Activities.
tion as this part 1904 requires you to 5251 ............ Insurance and Employee Benefit Funds.
5259 ............ Other Investment Pools and Funds.
record. You may contact your nearest 5312 ............ Offices of Real Estate Agents and Brokers.
OSHA office or State agency for help in 5331 ............ Lessors of Nonfinancial Intangible Assets (ex-
determining whether your records cept Copyrighted Works).
5411 ............ Legal Services.
meet OSHA’s requirements. 5412 ............ Accounting, Tax Preparation, Bookkeeping,
and Payroll Services.
NON-MANDATORY APPENDIX A TO SUB- 5413 ............ Architectural, Engineering, and Related Serv-
PART B OF PART 1904—PARTIALLY ices.
5414 ............ Specialized Design Services.
EXEMPT INDUSTRIES 5415 ............ Computer Systems Design and Related Serv-
ices.
Employers are not required to keep OSHA 5416 ............ Management, Scientific, and Technical Con-
injury and illness records for any establish- sulting Services.
ment classified in the following North Amer- 5417 ............ Scientific Research and Development Serv-
ican Industry Classification System (NAICS) ices.
codes, unless they are asked in writing to do 5418 ............ Advertising and Related Services.
so by OSHA, the Bureau of Labor Statistics 5511 ............ Management of Companies and Enterprises.
5611 ............ Office Administrative Services.
(BLS), or a state agency operating under the 5614 ............ Business Support Services.
authority of OSHA or the BLS. All employ- 5615 ............ Travel Arrangement and Reservation Serv-
ers, including those partially exempted by ices.
reason of company size or industry classi- 5616 ............ Investigation and Security Services.
fication, must report to OSHA any employ- 6111 ............ Elementary and Secondary Schools.
ee’s fatality, in-patient hospitalization, am- 6112 ............ Junior Colleges.
6113 ............ Colleges, Universities, and Professional
putation, or loss of an eye (see § 1904.39). Schools.
6114 ............ Business Schools and Computer and Man-
NAICS Code Industry agement Training.
6115 ............ Technical and Trade Schools.
4412 ............ Other Motor Vehicle Dealers.
6116 ............ Other Schools and Instruction.
4431 ............ Electronics and Appliance Stores. 6117 ............ Educational Support Services.
4461 ............ Health and Personal Care Stores. 6211 ............ Offices of Physicians.
4471 ............ Gasoline Stations. 6212 ............ Offices of Dentists.
4481 ............ Clothing Stores. 6213 ............ Offices of Other Health Practitioners.
4482 ............ Shoe Stores. 6214 ............ Outpatient Care Centers.
4483 ............ Jewelry, Luggage, and Leather Goods Stores. 6215 ............ Medical and Diagnostic Laboratories.
4511 ............ Sporting Goods, Hobby, and Musical Instru- 6244 ............ Child Day Care Services.
ment Stores. 7114 ............ Agents and Managers for Artists, Athletes,
4512 ............ Book, Periodical, and Music Stores. Entertainers, and Other Public Figures.
4531 ............ Florists. 7115 ............ Independent Artists, Writers, and Performers.
4532 ............ Office Supplies, Stationery, and Gift Stores. 7213 ............ Rooming and Boarding Houses.
4812 ............ Nonscheduled Air Transportation. 7221 ............ Full-Service Restaurants.
4861 ............ Pipeline Transportation of Crude Oil. 7222 ............ Limited-Service Eating Places.
4862 ............ Pipeline Transportation of Natural Gas. 7224 ............ Drinking Places (Alcoholic Beverages).
4869 ............ Other Pipeline Transportation. 8112 ............ Electronic and Precision Equipment Repair
4879 ............ Scenic and Sightseeing Transportation, Other. and Maintenance.
4885 ............ Freight Transportation Arrangement. 8114 ............ Personal and Household Goods Repair and
5111 ............ Newspaper, Periodical, Book, and Directory Maintenance.
Publishers. 8121 ............ Personal Care Services.
5112 ............ Software Publishers. 8122 ............ Death Care Services.
5121 ............ Motion Picture and Video Industries. 8131 ............ Religious Organizations.
5122 ............ Sound Recording Industries. 8132 ............ Grantmaking and Giving Services.
5151 ............ Radio and Television Broadcasting. 8133 ............ Social Advocacy Organizations.
5172 ............ Wireless Telecommunications Carriers (ex- 8134 ............ Civic and Social Organizations.
cept Satellite). 8139 ............ Business, Professional, Labor, Political, and
5173 ............ Telecommunications Resellers. Similar Organizations.

5179 ............ Other Telecommunications.
5181 ............ Internet Service Providers and Web Search
Portals. [79 FR 56186, Sept. 18, 2014]
50
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.
51
§ 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.
52
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.
53
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
54
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
55
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
56
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
57
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-Aids TM, gauze pads,
ployee was restricted from performing, etc.; or using butterfly bandages or
you may stop the day count when the Steri-Strips TM (other wound closing
modification or change is made perma- devices such as sutures, staples, etc.,
nent. You must count at least one day are 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
58
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
tially infectious material, you need to
or job transfer, medical treatment beyond
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.
59
(4) What if one of my employees is the employee has experienced a work-

splashed or exposed to blood or other po- related Standard Threshold Shift (STS)
tentially infectious material without being in hearing in one or both ears, and the
cut or scratched? Do I need to record this employee’s total hearing level is 25
incident? You need to record such an in- 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 ee’s hearing within 30 days of the first
hearing test (audiogram) reveals that test, and the retest does not confirm
60
the recordable STS, you are not re- ical? No, you do not have to record it
quired to record the hearing loss case because the employee was not occupa-
on the OSHA 300 Log. If the retest con- tionally exposed to a known case of ac-
firms the recordable STS, you must tive tuberculosis in your workplace.
record the hearing loss illness within (2) May I line-out or erase a recorded
seven (7) calendar days of the retest. If TB case if I obtain evidence that the case
subsequent audiometric testing per- was not caused by occupational exposure?
formed under the testing requirements Yes, you may line-out or erase the case
of the § 1910.95 noise standard indicates from the Log under the following cir-
that an STS is not persistent, you may cumstances:
erase or line-out the recorded entry. (i) The worker is living in a house-
(5) Are there any special rules for deter- hold with a person who has been diag-
mining whether a hearing loss case is nosed with active TB;
work-related? No. You must use the (ii) The Public Health Department
rules in § 1904.5 to determine if the has identified the worker as a contact
hearing loss is work-related. If an of an individual with a case of active
event or exposure in the work environ- TB unrelated to the workplace; or
ment either caused or contributed to (iii) A medical investigation shows
the hearing loss, or significantly aggra- that the employee’s infection was
vated a pre-existing hearing loss, you caused by exposure to TB away from
must consider the case to be work re- work, or proves that the case was not
lated. related to the workplace TB exposure.
(6) If a physician or other licensed
health care professional determines the §§ 1904.13–1904.28 [Reserved]
hearing loss is not work-related, do I still
need to record the case?If a physician or § 1904.29 Forms.
other licensed health care professional (a) Basic requirement. You must use
determines that the hearing loss is not OSHA 300, 300–A, and 301 forms, or
work-related or has not been signifi- equivalent forms, for recordable inju-
cantly aggravated by occupational ries and illnesses. The OSHA 300 form
noise exposure, you are not required to is called the Log of Work-Related Inju-
consider the case work-related or to ries and Illnesses, the 300–A is the
record the case on the OSHA 300 Log. Summary of Work-Related Injuries and
(7) How do I complete the 300 Log for a Illnesses, and the OSHA 301 form is
hearing loss case? When you enter a re- called the Injury and Illness Incident
cordable hearing loss case on the OSHA Report.
300 Log, you must check the 300 Log (b) Implementation—(1) What do I need
column for hearing loss. to do to complete the OSHA 300 Log? You
(NOTE: § 1904.10(b)(7) is effective beginning must enter information about your
January 1, 2004.) business at the top of the OSHA 300
[67 FR 44047, July 1, 2002, as amended at 67 Log, enter a one or two line description
FR 77170, Dec. 17, 2002] for each recordable injury or illness,
and summarize this information on the
§ 1904.11 Recording criteria for work- OSHA 300–A at the end of the year.
related tuberculosis cases. (2) What do I need to do to complete the
(a) Basic requirement. If any of your OSHA 301 Incident Report? You must
employees has been occupationally ex- complete an OSHA 301 Incident Report
posed to anyone with a known case of form, or an equivalent form, for each
active tuberculosis (TB), and that em- recordable injury or illness entered on
ployee subsequently develops a tuber- the OSHA 300 Log.
culosis infection, as evidenced by a (3) How quickly must each injury or ill-
positive skin test or diagnosis by a ness be recorded? You must enter each
physician or other licensed health care recordable injury or illness on the
professional, you must record the case OSHA 300 Log and 301 Incident Report
on the OSHA 300 Log by checking the within seven (7) calendar days of re-
‘‘respiratory condition’’ column. ceiving information that a recordable
(b) Implementation—(1) Do I have to injury or illness has occurred.

record, on the Log, a positive TB skin test (4) What is an equivalent form? An
result obtained at a pre-employment phys- equivalent form is one that has the
61
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
case’’ in the space normally used for scribed as ‘‘injury from assault,’’ or an
the employee’s name. This will protect injury to a reproductive organ could be
the privacy of the injured or ill em- described as ‘‘lower abdominal injury.’’
ployee when another employee, a (10) What must I do to protect employee
former employee, or an authorized em- privacy if I wish to provide access to the
ployee representative is provided ac- OSHA Forms 300 and 301 to persons other
cess to the OSHA 300 Log under than government representatives, employ-
§ 1904.35(b)(2). You must keep a sepa- ees, former employees or authorized rep-
rate, confidential list of the case num- resentatives? If you decide to volun-
bers and employee names for your pri- tarily disclose the Forms to persons
vacy concern cases so you can update other than government representa-
the cases and provide the information tives, employees, former employees or
to the government if asked to do so. authorized representatives (as required
(7) How do I determine if an injury or by §§ 1904.35 and 1904.40), you must re-
illness is a privacy concern case? You move or hide the employees’ names and
must consider the following injuries or other personally identifying informa-
illnesses to be privacy concern cases: tion, except for the following cases.
(i) An injury or illness to an intimate You may disclose the Forms with per-
body part or the reproductive system; sonally identifying information only:
(ii) An injury or illness resulting (i) to an auditor or consultant hired
from a sexual assault; by the employer to evaluate the safety
(iii) Mental illnesses; and health program;
(iv) HIV infection, hepatitis, or tu- (ii) to the extent necessary for proc-
berculosis; essing a claim for workers’ compensa-
(v) Needlestick injuries and cuts tion or other insurance benefits; or
from sharp objects that are contami- (iii) to a public health authority or
nated with another person’s blood or law enforcement agency for uses and
other potentially infectious material disclosures for which consent, an au-
(see § 1904.8 for definitions); and thorization, or opportunity to agree or
(vi) Other illnesses, if the employee object is not required under Depart-
voluntarily requests that his or her ment of Health and Human Services
name not be entered on the log.
Standards for Privacy of Individually
(8) May I classify any other types of in- Identifiable Health Information, 45
juries and illnesses as privacy concern
CFR 164.512.
cases? No, this is a complete list of all
injuries and illnesses considered pri- [66 FR 6122, Jan. 19, 2001, as amended at 66
vacy concern cases for part 1904 pur- FR 52034, Oct. 12, 2001; 67 FR 77170, Dec. 17,
poses. 2002; 68 FR 38607, June 30, 2003]
62
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 you to record an injury or illness occurring to
are required to provide records to a one of those employees? You must record
government representative, employees, these injuries and illnesses if you su-
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,
63
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.
64
§ 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
65
§ 1904.35, Nt. 29 CFR Ch. XVII (7–1–16 Edition)
asks for additional copies, you may as- (i) Who is an authorized employee representa-
sess a reasonable charge for retrieving tive? An authorized employee representative
and copying the records. is an authorized collective bargaining agent
of employees.
EFFECTIVE DATE NOTE 1.: At 81 FR 29691, (ii) Who is a ‘‘personal representative’’ of an
May 12, 2016, § 1904.35 was revised, effective employee or former employee? A personal rep-
Aug. 10, 2016. For the convenience of the resentative is:
user, the revised text is set forth as follows:
(A) Any person that the employee or
§ 1904.35 Employee involvement. former employee designates as such, in writ-
ing; or
(a) Basic requirement. Your employees and
their representatives must be involved in the (B) The legal representative of a deceased
recordkeeping system in several ways. or legally incapacitated employee or former
(1) You must inform each employee of how employee.
he or she is to report a work-related injury (iii) If an employee or representative asks for
or illness to you. access to the OSHA 300 Log, when do I have to
(2) You must provide employees with the provide it? When an employee, former em-
information described in paragraph (b)(1)(iii) ployee, personal representative, or author-
of this section. ized employee representative asks for copies
(3) You must provide access to your injury of your current or stored OSHA 300 Log(s) for
and illness records for your employees and an establishment the employee or former
their representatives as described in para- employee has worked in, you must give the
graph (b)(2) of this section. requester a copy of the relevant OSHA 300
(b) Implementation—(1) What must I do to Log(s) by the end of the next business day.
make sure that employees report work-related (iv) May I remove the names of the employees
injuries and illnesses to me? (i) You must es- or any other information from the OSHA 300
tablish a reasonable procedure for employees Log before I give copies to an employee, former
to report work-related injuries and illnesses employee, or employee representative? No, you
promptly and accurately. A procedure is not must leave the names on the 300 Log. How-
reasonable if it would deter or discourage a ever, to protect the privacy of injured and ill
reasonable employee from accurately report- employees, you may not record the employ-
ing a workplace injury or illness; ee’s name on the OSHA 300 Log for certain
(ii) You must inform each employee of ‘‘privacy concern cases,’’ as specified in
your procedure for reporting work-related § 1904.29(b)(6) through (9).
injuries and illnesses;
(v) If an employee or representative asks for
(iii) You must inform each employee that:
access to the OSHA 301 Incident Report, when
(A) Employees have the right to report
do I have to provide it? (A) When an employee,
work-related injuries and illnesses; and
former employee, or personal representative
(B) Employers are prohibited from dis-
asks for a copy of the OSHA 301 Incident Re-
charging or in any manner discriminating
port describing an injury or illness to that
against employees for reporting work-re-
lated injuries or illnesses; and employee or former employee, you must give
(iv) You must not discharge or in any man- the requester a copy of the OSHA 301 Inci-
ner discriminate against any employee for dent Report containing that information by
reporting a work-related injury or illness. the end of the next business day.
(2) [Reserved] (B) When an authorized employee rep-
resentative asks for copies of the OSHA 301
EFFECTIVE DATE NOTE 2.: At 81 FR 31854, Incident Reports for an establishment where
May 20, 2016, the revision of § 1904.35 pub- the agent represents employees under a col-
lished at 81 FR 29691, May 12, 2016 was cor- lective bargaining agreement, you must give
rected by adding paragraph (b)(2), effective copies of those forms to the authorized em-
Aug. 10, 2016. For the convenience of the ployee representative within 7 calendar days.
user, the added text is set forth as follows: You are only required to give the authorized
§ 1904.35 Employee involvement. employee representative information from
the OSHA 301 Incident Report section titled
‘‘Tell us about the case.’’ You must remove
* * * * * all other information from the copy of the
(b) * * * OSHA 301 Incident Report or the equivalent
(2) Do I have to give my employees and their substitute form that you give to the author-
representatives access to the OSHA injury and ized employee representative.
illness records? Yes, your employees, former (vi) May I charge for the copies? No, you
employees, their personal representatives, may not charge for these copies the first
and their authorized employee representa- time they are provided. However, if one of
tives have the right to access the OSHA in- the designated persons asks for additional
jury and illness records, with some limita- copies, you may assess a reasonable charge
tions, as discussed below. for retrieving and copying the records.
66
§ 1904.36 Prohibition against discrimi- vide coverage, and must develop injury
nation. and illness statistics, for these work-
Section 11(c) of the Act prohibits you ers. State Plan recording and reporting
from discriminating against an em- requirements for State and local gov-
ployee for reporting a work-related fa- ernment entities may differ from those
tality, injury or illness. That provision for the private sector but must meet
of the Act also protects the employee the requirements of paragraphs
who files a safety and health com- 1904.37(b)(1) and (b)(2).
plaint, asks for access to the part 1904 (4) A State-Plan State may not issue
records, or otherwise exercises any a variance to a private sector employer
rights afforded by the OSH Act. and must recognize all variances issued
by Federal OSHA.
EFFECTIVE DATE NOTE: At 81 FR 29692, May (5) A State Plan State may only
12, 2016, § 1904.36 was revised, effective Aug.
grant an injury and illness recording
10, 2016. For the convenience of the user, the
revised text is set forth as follows: and reporting variance to a State or
local government employer within the
§ 1904.36 Prohibition against discrimina- State after obtaining approval to grant
tion. the variance from Federal OSHA.
In addition to § 1904.35, section 11(c) of the
OSH Act also prohibits you from discrimi- [66 FR 6122, Jan. 19, 2001, as amended at 80
nating against an employee for reporting a FR 49904, Aug. 18, 2015]
work-related fatality, injury, or illness. That
provision of the Act also protects the em- § 1904.38 Variances from the record-
ployee who files a safety and health com- keeping rule.
plaint, asks for access to the part 1904 (a) Basic requirement. If you wish to
records, or otherwise exercises any rights af-
keep records in a different manner
forded by the OSH Act.
from the manner prescribed by the part
§ 1904.37 State recordkeeping regula- 1904 regulations, you may submit a
tions. variance petition to the Assistant Sec-
retary of Labor for Occupational Safe-
(a) Basic requirement. Some States op-
ty and Health, U.S. Department of
erate their own OSHA programs, under
Labor, Washington, DC 20210. You can
the authority of a State plan as ap-
obtain a variance only if you can show
proved by OSHA. States operating
that your alternative recordkeeping
OSHA-approved State plans must have
system:
occupational injury and illness record-
ing and reporting requirements that (1) Collects the same information as
are substantially identical to the re- this part requires;
quirements in this part (see 29 CFR (2) Meets the purposes of the Act; and
1902.3(j), 29 CFR 1902.7, and 29 CFR (3) Does not interfere with the ad-
1956.10(i)). ministration of the Act.
(b) Implementation. (1) State-Plan (b) Implementation—(1) What do I need
States must have the same require- to include in my variance petition? You
ments as Federal OSHA for deter- must include the following items in
mining which injuries and illnesses are your petition:
recordable and how they are recorded. (i) Your name and address;
(2) For other part 1904 provisions (for (ii) A list of the State(s) where the
example, industry exemptions, report- variance would be used;
ing of fatalities and hospitalizations, (iii) The address(es) of the business
record retention, or employee involve- establishment(s) involved;
ment), State-Plan State requirements (iv) A description of why you are
may be more stringent than or supple- seeking a variance;
mental to the Federal requirements, (v) A description of the different rec-
but because of the unique nature of the ordkeeping procedures you propose to
national recordkeeping program, use;
States must consult with and obtain (vi) A description of how your pro-
approval of any such requirements. posed procedures will collect the same
(3) Although State and local govern- information as would be collected by

ment employees are not covered Feder- this part and achieve the purpose of
ally, all State-Plan States must pro- the Act; and
67
(vii) A statement that you have in- No, in addition, the Assistant Sec-
formed your employees of the petition retary may elect not to review your
by giving them or their authorized rep- variance petition if it includes an ele-
resentative a copy of the petition and ment for which you have been cited
by posting a statement summarizing and the citation is still under review
the petition in the same way as notices by a court, an Administrative Law
are posted under § 1903.2(a). Judge (ALJ), or the OSH Review Com-
(2) How will the Assistant Secretary mission.
handle my variance petition? The Assist- (5) If I receive a variance, may the As-
ant Secretary will take the following sistant Secretary revoke the variance at a
steps to process your variance petition. later date? Yes, the Assistant Secretary
(i) The Assistant Secretary will offer may revoke your variance if he or she
your employees and their authorized has good cause. The procedures revok-
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- AUTHORITY: 29 U.S.C. 657, 673, 5 U.S.C. 553,
formation as the part 1904 regulations and Secretary of Labor’s Order 1–2012 (77 FR
provide. If your procedures meet these 3912, Jan. 25, 2012).
criteria, the Assistant Secretary may
EFFECTIVE DATE NOTE: At 81 FR 29692, May
grant the variance subject to such con- 12, 2016, the authority citation for subpart E
ditions as he or she finds appropriate. of part 1904 was added, effective Aug. 10, 2016.
(iv) If the Assistant Secretary grants
your variance petition, OSHA will pub- § 1904.39 Reporting fatalities, hos-
lish a notice in the FEDERAL REGISTER pitalizations, amputations, and
to announce the variance. The notice losses of an eye as a result of work-
will include the practices the variance related incidents to OSHA.
allows you to use, any conditions that (a) Basic requirement. (1) Within eight
apply, and the reasons for allowing the (8) hours after the death of any em-
variance. ployee as a result of a work-related in-
(3) If I apply for a variance, may I use cident, you must report the fatality to
my proposed recordkeeping procedures the Occupational Safety and Health
while the Assistant Secretary is processing Administration (OSHA), U.S. Depart-
the variance petition? No, alternative ment of Labor.
recordkeeping practices are only al- (2) Within twenty-four (24) hours
lowed after the variance is approved. after the in-patient hospitalization of
You must comply with the part 1904 one or more employees or an employ-
regulations while the Assistant Sec- ee’s amputation or an employee’s loss
retary is reviewing your variance peti- of an eye, as a result of a work-related
tion. incident, you must report the in-pa-
(4) If I have already been cited by tient hospitalization, amputation, or
OSHA for not following the part 1904 reg- loss of an eye to OSHA.
ulations, will my variance petition have (3) You must report the fatality, in-
any effect on the citation and penalty? patient hospitalization, amputation, or
68
loss of an eye using one of the fol- loss of an eye. If the motor vehicle ac-
lowing methods: cident occurred on a public street or
(i) By telephone or in person to the highway, but not in a construction
OSHA Area Office that is nearest to work zone, you do not have to report
the site of the incident. the fatality, in-patient hospitalization,
(ii) By telephone to the OSHA toll- amputation, or loss of an eye to OSHA.
free central telephone number, 1–800– However, the fatality, in-patient hos-
321–OSHA (1–800–321–6742). pitalization, amputation, or loss of an
(iii) By electronic submission using eye must be recorded on your OSHA in-
the reporting application located on jury and illness records, if you are re-
OSHA’s public Web site at quired to keep such records.
www.osha.gov. (4) Do I have to report the fatality, in-
(b) Implementation—(1) If the Area Of- patient hospitalization, amputation, or
fice is closed, may I report the fatality, in- loss of an eye if it occurred on a commer-
patient hospitalization, amputation, or cial or public transportation system? No,
loss of an eye by leaving a message on you do not have to report the fatality,
OSHA’s answering machine, faxing the in-patient hospitalization, amputation,
Area Office, or sending an email? No, if or loss of an eye to OSHA if it occurred
the Area Office is closed, you must re- on a commercial or public transpor-
port the fatality, in-patient hos- tation system (e.g., airplane, train,
pitalization, amputation, or loss of an subway, or bus). However, the fatality,
eye using either the 800 number or the in-patient hospitalization, amputation,
reporting application located on or loss of an eye must be recorded on
OSHA’s public Web site at your OSHA injury and illness records,
www.osha.gov. if you are required to keep such
(2) What information do I need to give records.
to OSHA about the in-patient hospitaliza-
(5) Do I have to report a work-related
tion, amputation, or loss of an eye? You
fatality or in-patient hospitalization
must give OSHA the following informa-
caused by a heart attack? Yes, your local
tion for each fatality, in-patient hos-
OSHA Area Office director will decide
pitalization, amputation, or loss of an
whether to investigate the event, de-
eye:
pending on the circumstances of the
(i) The establishment name;
(ii) The location of the work-related heart attack.
incident; (6) What if the fatality, in-patient hos-
(iii) The time of the work-related in- pitalization, amputation, or loss of an eye
cident; does not occur during or right after the
(iv) The type of reportable event (i.e., work-related incident? You must only re-
fatality, in-patient hospitalization, port a fatality to OSHA if the fatality
amputation, or loss of an eye); occurs within thirty (30) days of the
(v) The number of employees who suf- work-related incident. For an in-pa-
fered a fatality, in-patient hospitaliza- tient hospitalization, amputation, or
tion, amputation, or loss of an eye; loss of an eye, you must only report
(vi) The names of the employees who the event to OSHA if it occurs within
suffered a fatality, in-patient hos- twenty-four (24) hours of the work-re-
pitalization, amputation, or loss of an lated incident. However, the fatality,
eye; in-patient hospitalization, amputation,
(vii) Your contact person and his or or loss of an eye must be recorded on
her phone number; and your OSHA injury and illness records,
(viii) A brief description of the work- if you are required to keep such
related incident. records.
(3) Do I have to report the fatality, in- (7) What if I don’t learn about a report-
patient hospitalization, amputation, or able fatality, in-patient hospitalization,
loss of an eye if it resulted from a motor amputation, or loss of an eye right away?
vehicle accident on a public street or If you do not learn about a reportable
highway? If the motor vehicle accident fatality, in-patient hospitalization,
occurred in a construction work zone, amputation, or loss of an eye at the

you must report the fatality, in-pa- time it takes place, you must make the
tient hospitalization, amputation, or report to OSHA within the following
69
time period after the fatality, in-pa- § 1904.40 Providing records to govern-
tient hospitalization, amputation, or ment representatives.
loss of an eye is reported to you or to (a) Basic requirement. When an au-
any of your agent(s): Eight (8) hours thorized government representative
for a fatality, and twenty-four (24) asks for the records you keep under
hours for an in-patient hospitalization, part 1904, you must provide copies of
an amputation, or a loss of an eye. the records within four (4) business
(8) What if I don’t learn right away hours.
that the reportable fatality, in-patient (b) Implementation—(1) What govern-
hospitalization, amputation, or loss of an ment representatives have the right to get
eye was the result of a work-related inci- copies of my part 1904 records? The gov-
dent? If you do not learn right away ernment representatives authorized to
that the reportable fatality, in-patient receive the records are:
hospitalization, amputation, or loss of (i) A representative of the Secretary
an eye was the result of a work-related of Labor conducting an inspection or
incident, you must make the report to investigation under the Act;
OSHA within the following time period (ii) A representative of the Secretary
after you or any of your agent(s) learn of Health and Human Services (includ-
that the reportable fatality, in-patient ing the National Institute for Occupa-
hospitalization, amputation, or loss of tional Safety and Health—NIOSH) con-
an eye was the result of a work-related ducting an investigation under section
incident: Eight (8) hours for a fatality, 20(b) of the Act, or
and twenty-four (24) hours for an in-pa- (iii) A representative of a State agen-
tient hospitalization, an amputation, cy responsible for administering a
State plan approved under section 18 of
or a loss of an eye.
the Act.
(9) How does OSHA define ‘‘in-patient
(2) Do I have to produce the records
hospitalization’’? OSHA defines in-pa-
within four (4) hours if my records are
tient hospitalization as a formal ad- kept at a location in a different time zone?
mission to the in-patient service of a OSHA will consider your response to be
hospital or clinic for care or treatment. timely if you give the records to the
(10) Do I have to report an in-patient government representative within four
hospitalization that involves only obser- (4) business hours of the request. If you
vation or diagnostic testing? No, you do maintain the records at a location in a
not have to report an in-patient hos- different time zone, you may use the
pitalization that involves only observa- business hours of the establishment at
tion or diagnostic testing. You must which the records are located when cal-
only report to OSHA each in-patient culating the deadline.
hospitalization that involves care or
treatment. § 1904.41 Annual OSHA injury and ill-
(11) How does OSHA define ‘‘amputa- ness survey of ten or more employ-
ers.
tion’’? An amputation is the traumatic
loss of a limb or other external body (a) Basic requirement. If you receive
part. Amputations include a part, such OSHA’s annual survey form, you must
as a limb or appendage, that has been fill it out and send it to OSHA or
severed, cut off, amputated (either OSHA’s designee, as stated on the sur-
completely or partially); fingertip am- vey form. You must report the fol-
lowing information for the year de-
putations with or without bone loss;
scribed on the form:
medical amputations resulting from ir-
(1) the number of workers you em-
reparable damage; amputations of body
ployed;
parts that have since been reattached.
(2) the number of hours worked by
Amputations do not include avulsions,
your employees; and
enucleations, deglovings, scalpings,
(3) the requested information from
severed ears, or broken or chipped
the records that you keep under part
teeth. 1904.
[79 FR 56187, Sept. 18, 2014] (b) Implementation—(1) Does every em-
ployer have to send data to OSHA? No,
70
Occupational Safety and Health Admin., Labor § 1904.41, Nt.
each year, OSHA sends injury and ill- must submit the information once a year, no
ness survey forms to employers in cer- later than the date listed in paragraph (c) of
tain industries. In any year, some em- this section of the year after the calendar
year covered by the forms.
ployers will receive an OSHA survey (2) Annual electronic submission of OSHA
form and others will not. You do not Form 300A Summary of Work-Related Injuries
have to send injury and illness data to and Illnesses by establishments with 20 or more
OSHA unless you receive a survey employees but fewer than 250 employees in des-
form. ignated industries. If your establishment had
(2) How quickly do I need to respond to 20 or more employees but fewer than 250 em-
an OSHA survey form? You must send ployees at any time during the previous cal-
endar year, and your establishment is classi-
the survey reports to OSHA, or OSHA’s fied in an industry listed in appendix A to
designee, by mail or other means de- subpart E of this part, then you must elec-
scribed in the survey form, within 30 tronically submit information from OSHA
calendar days, or by the date stated in Form 300A Summary of Work-Related Inju-
the survey form, whichever is later. ries and Illnesses to OSHA or OSHA’s des-
(3) Do I have to respond to an OSHA ignee. You must submit the information
survey form if I am normally exempt from once a year, no later than the date listed in
paragraph (c) of this section of the year after
keeping OSHA injury and illness records? the calendar year covered by the form.
Yes, even if you are exempt from keep- (3) Electronic submission of part 1904 records
ing injury and illness records under upon notification. Upon notification, you
§ 1904.1 to § 1904.3, OSHA may inform must electronically submit the requested in-
you in writing that it will be collecting formation from your part 1904 records to
injury and illness information from OSHA or OSHA’s designee.
you in the following year. If you re- (b) Implementation—(1) Does every employer
have to routinely submit information from the
ceive such a letter, you must keep the injury and illness records to OSHA? No, only
injury and illness records required by two categories of employers must routinely
§ 1904.5 to § 1904.15 and make a survey submit information from their injury and ill-
report for the year covered by the sur- ness records. First, if your establishment
vey. had 250 or more employees at any time dur-
(4) Do I have to answer the OSHA sur- ing the previous calendar year, and this part
vey form if I am located in a State-Plan requires your establishment to keep records,
then you must submit the required Form
State? Yes, all employers who receive
300A, 300, and 301 information to OSHA once
survey forms must respond to the sur- a year. Second, if your establishment had 20
vey, even those in State-Plan States. or more employees but fewer than 250 em-
(5) Does this section affect OSHA’s au- ployees at any time during the previous cal-
thority to inspect my workplace? No, endar year, and your establishment is classi-
nothing in this section affects OSHA’s fied in an industry listed in appendix A to
statutory authority to investigate con- subpart E of this part, then you must submit
ditions related to occupational safety the required Form 300A information to
OSHA once a year. Employers in these two
and health. categories must submit the required infor-
EFFECTIVE DATE NOTE: At 81 FR 29692, May mation by the date listed in paragraph (c) of
12, 2016, § 1904.41 was revised, effective Jan. 1, this section of the year after the calendar
2017. For the convenience of the user, the re- year covered by the form or forms (for exam-
vised text is set forth as follows: ple, 2017 for the 2016 forms). If you are not in
either of these two categories, then you
§ 1904.41 Electronic submission of injury must submit information from the injury
and illness records to OSHA. and illness records to OSHA only if OSHA
(a) Basic requirements—(1) Annual electronic notifies you to do so for an individual data
submission of part 1904 records by establish- collection.
ments with 250 or more employees. If your es- (2) If I have to submit information under
tablishment had 250 or more employees at paragraph (a)(1) of this section, do I have to
any time during the previous calendar year, submit all of the information from the record-
and this part requires your establishment to keeping form? No, you are required to submit
keep records, then you must electronically all of the information from the form except
submit information from the three record- the following:
keeping forms that you keep under this part (i) Log of Work-Related Injuries and Ill-
(OSHA Form 300A Summary of Work-Related nesses (OSHA Form 300): Employee name
Injuries and Illnesses, OSHA Form 300 Log of (column B).
Work-Related Injuries and Illnesses, and (ii) Injury and Illness Incident Report
OSHA Form 301 Injury and Illness Incident (OSHA Form 301): Employee name (field 1),
Report) to OSHA or OSHA’s designee. You employee address (field 2), name of physician
71
or other health care professional (field 6), fa- OSHA will provide a secure Web site for the
cility name and address if treatment was electronic submission of information. For in-
given away from the worksite (field 7). dividual data collections under paragraph
(3) Do part-time, seasonal, or temporary work- (a)(3) of this section, OSHA will include the
ers count as employees in the criteria for number Web site’s location in the notification for the
of employees in paragraph (a) of this section? data collection.
Yes, each individual employed in the estab- (7) Do I have to submit information if my es-
lishment at any time during the calendar tablishment is partially exempt from keeping
year counts as one employee, including full- OSHA injury and illness records? If you are
time, part-time, seasonal, and temporary partially exempt from keeping injury and ill-
workers. ness records under §§ 1904.1 and/or 1904.2, then
(4) How will OSHA notify me that I must sub- you do not have to routinely submit part
mit information from the injury and illness 1904 information under paragraphs (a)(1) and
records as part of an individual data collection (2) of this section. You will have to submit
under paragraph (a)(3) of this section? OSHA information under paragraph (a)(3) of this
will notify you by mail if you will have to section if OSHA informs you in writing that
submit information as part of an individual it will collect injury and illness information
data collection under paragraph (a)(3). OSHA from you. If you receive such a notification,
will also announce individual data collec-
then you must keep the injury and illness
tions through publication in the FEDERAL
records required by this part and submit in-
REGISTER and the OSHA newsletter, and an-
formation as directed.
nouncements on the OSHA Web site. If you
are an employer who must routinely submit (8) Do I have to submit information if I am lo-
the information, then OSHA will not notify cated in a State Plan State? Yes, the require-
you about your routine submittal. ments apply to employers located in State
(5) How often do I have to submit the informa- Plan States.
tion from the injury and illness records? If you (9) May an enterprise or corporate office elec-
are required to submit information under tronically submit part 1904 records for its estab-
paragraph (a)(1) or (2) of this section, then lishment(s)? Yes, if your enterprise or cor-
you must submit the information once a porate office had ownership of or control
year, by the date listed in paragraph (c) of over one or more establishments required to
this section of the year after the calendar submit information under paragraph (a)(1) or
year covered by the form or forms. If you are (2) of this section, then the enterprise or cor-
submitting information because OSHA noti- porate office may collect and electronically
fied you to submit information as part of an submit the information for the establish-
individual data collection under paragraph ment(s).
(a)(3) of this section, then you must submit (c) Reporting dates. (1) In 2017 and 2018, es-
the information as often as specified in the tablishments required to submit under para-
notification. graph (a)(1) or (2) of this section must submit
(6) How do I submit the information? You the required information according to the
must submit the information electronically. table in this paragraph (c)(1):
Establishments submitting under para- Establishments submitting under para-

graph (a)(1) of this section must submit Submission dead-
Submission year graph (a)(2) of this section must submit
the required information from this form/ line
the required information from this form:
these forms:
2017 .................... 300A ........................................................... 300A ........................................................... July 1, 2017.

2018 .................... 300A, 300, 301 ........................................... 300A ........................................................... July 1, 2018.
(2) Beginning in 2019, establishments that form and return it following the in-
are required to submit under paragraph (a)(1) structions contained on the survey
or (2) of this section will have to submit all form.
of the required information by March 2 of
the year after the calendar year covered by
(b) Implementation—(1) Does every em-
the form or forms (for example, by March 2, ployer have to send data to the BLS? No,
2019, for the forms covering 2018). each year, the BLS sends injury and
illness survey forms to randomly se-
§ 1904.42 Requests from the Bureau of lected employers and uses the informa-
Labor Statistics for data. tion to create the Nation’s occupa-
(a) Basic requirement. If you receive a tional injury and illness statistics. In
Survey of Occupational Injuries and any year, some employers will receive
Illnesses Form from the Bureau of a BLS survey form and others will not.
Labor Statistics (BLS), or a BLS des-
ignee, you must promptly complete the
72
Occupational Safety and Health Admin., Labor Pt. 1904, Subpt. E, App. A
You do not have to send injury and ill- Yes, even if you are exempt from keep-
ness data to the BLS unless you re- ing injury and illness records under
ceive a survey form. § 1904.1 to § 1904.3, the BLS may inform
(2) If I get a survey form from the BLS, you in writing that it will be collecting
what do I have to do? If you receive a injury and illness information from
Survey of Occupational Injuries and you in the coming year. If you receive
Illnesses Form from the Bureau of such a letter, you must keep the injury
Labor Statistics (BLS), or a BLS des- and illness records required by § 1904.5
ignee, you must promptly complete the to § 1904.15 and make a survey report
form and return it, following the infor the year covered by the survey.
structions contained on the survey (4) Do I have to answer the BLS survey
form. form if I am located in a State-Plan State?
(3) Do I have to respond to a BLS sur- Yes, all employers who receive a sur-
vey form if I am normally exempt from vey form must respond to the survey,
keeping OSHA injury and illness records? even those in State-Plan States.
APPENDIX A TO SUBPART E OF PART 1904—DESIGNATED INDUSTRIES FOR

§ 1904.41(a)(2) ANNUAL ELECTRONIC SUBMISSION OF OSHA FORM 300A SUMMARY
OF WORK-RELATED INJURIES AND ILLNESSES BY ESTABLISHMENTS WITH 20 OR
MORE EMPLOYEES BUT FEWER THAN 250 EMPLOYEES IN DESIGNATED
INDUSTRIES
NAICS Industry
11 ....................................................... Agriculture, forestry, fishing and hunting.

22 ....................................................... Utilities.
23 ....................................................... Construction.
31–33 ................................................. Manufacturing.
42 ....................................................... Wholesale trade.
4413 ................................................... Automotive parts, accessories, and tire stores.
4421 ................................................... Furniture stores.
4422 ................................................... Home furnishings stores.
4441 ................................................... Building material and supplies dealers.
4442 ................................................... Lawn and garden equipment and supplies stores.
4451 ................................................... Grocery stores.
4452 ................................................... Specialty food stores.
4521 ................................................... Department stores.
4529 ................................................... Other general merchandise stores.
4533 ................................................... Used merchandise stores.
4542 ................................................... Vending machine operators.
4543 ................................................... Direct selling establishments.
4811 ................................................... Scheduled air transportation.
4841 ................................................... General freight trucking.
4842 ................................................... Specialized freight trucking.
4851 ................................................... Urban transit systems.
4852 ................................................... Interurban and rural bus transportation.
4853 ................................................... Taxi and limousine service.
4854 ................................................... School and employee bus transportation.
4855 ................................................... Charter bus industry.
4859 ................................................... Other transit and ground passenger transportation.
4871 ................................................... Scenic and sightseeing transportation, land.
4881 ................................................... Support activities for air transportation.
4882 ................................................... Support activities for rail transportation.
4883 ................................................... Support activities for water transportation.
4884 ................................................... Support activities for road transportation.
4889 ................................................... Other support activities for transportation.
4911 ................................................... Postal service.
4921 ................................................... Couriers and express delivery services.
4922 ................................................... Local messengers and local delivery.
4931 ................................................... Warehousing and storage.
5152 ................................................... Cable and other subscription programming.
5311 ................................................... Lessors of real estate.
5321 ................................................... Automotive equipment rental and leasing.
5322 ................................................... Consumer goods rental.
5323 ................................................... General rental centers.
5617 ................................................... Services to buildings and dwellings.

5621 ................................................... Waste collection.
5622 ................................................... Waste treatment and disposal.
5629 ................................................... Remediation and other waste management services.
73
NAICS Industry
6219 ................................................... Other ambulatory health care services.

6221 ................................................... General medical and surgical hospitals.
6222 ................................................... Psychiatric and substance abuse hospitals.
6223 ................................................... Specialty (except psychiatric and substance abuse) hospitals.
6231 ................................................... Nursing care facilities.
6232 ................................................... Residential mental retardation, mental health and substance abuse facilities.
6233 ................................................... Community care facilities for the elderly.
6239 ................................................... Other residential care facilities.
6242 ................................................... Community food and housing, and emergency and other relief services.
6243 ................................................... Vocational rehabilitation services.
7111 ................................................... Performing arts companies.
7112 ................................................... Spectator sports.
7121 ................................................... Museums, historical sites, and similar institutions.
7131 ................................................... Amusement parks and arcades.
7132 ................................................... Gambling industries.
7211 ................................................... Traveler accommodation.
7212 ................................................... RV (recreational vehicle) parks and recreational camps.
7213 ................................................... Rooming and boarding houses.
7223 ................................................... Special food services.
8113 ................................................... Commercial and industrial machinery and equipment (except automotive and electronic)
repair and maintenance.
8123 ................................................... Dry-cleaning and laundry services.
EFFECTIVE DATE NOTE: At 81 FR 29693, May 12, 2016, appendix A to subpart E of part 1904
was added, effective Jan. 1, 2017.
Subpart F—Transition From the not altered, defaced or covered by

Former Rule other material.
(3) You must post the 2001 summary
§ 1904.43 Summary and posting of the from February 1, 2002 to March 1, 2002.
2001 data.
(a) Basic requirement. If you were re- § 1904.44 Retention and updating of
quired to keep OSHA 200 Logs in 2001, old forms.
you must post a 2000 annual summary You must save your copies of the
from the OSHA 200 Log of occupational OSHA 200 and 101 forms for five years
injuries and illnesses for each estab- following the year to which they relate
lishment. and continue to provide access to the
(b) Implementation—(1) What do I have data as though these forms were the
to include in the summary? (i) You must OSHA 300 and 301 forms. You are not
include a copy of the totals from the required to update your old 200 and 101
2001 OSHA 200 Log and the following
forms.
information from that form:
(A) The calendar year covered; § 1904.45 OMB control numbers under
(B) Your company name; the Paperwork Reduction Act
(C) The name and address of the es-
tablishment; and The following sections each contain a
(D) The certification signature, title collection of information requirement
and date. which has been approved by the Office
(ii) If no injuries or illnesses occurred of Management and Budget under the
at your establishment in 2001, you control number listed
must enter zeros on the totals line and
OMB Con-
post the 2001 summary. 29 CFR citation trol No.
(2) When am I required to summarize
and post the 2001 information? (i) You 1904.4–35 ............................................................ 1218–0176
must complete the summary by Feb- 1904.39–41 .......................................................... 1218–0176
1904.42 ................................................................ 1220–0045
ruary 1, 2002; and
1904.43–44 .......................................................... 1218–0176
(ii) You must post a copy of the sum-
mary in each establishment in a con-
spicuous place or places where notices

to employees are customarily posted.
You must ensure that the summary is
74
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
two or more establishments? Normally, Injury or illness. An injury or illness
one business location has only one es- is an abnormal condition or disorder.
tablishment. Under limited conditions, Injuries include cases such as, but not
the employer may consider two or limited to, a cut, fracture, sprain, or
more separate businesses that share a amputation. Illnesses include both
single location to be separate estab- acute and chronic illnesses, such as,
lishments. An employer may divide one but not limited to, a skin disease, res-
location into two or more establish- piratory disorder, or poisoning. (Note:
ments only when: Injuries and illnesses are recordable
(i) Each of the establishments rep- only if they are new, work-related
resents a distinctly separate business; cases that meet one or more of the part
(ii) Each business is engaged in a dif- 1904 recording criteria.)
ferent economic activity; Physician or Other Licensed Health
(iii) No one industry description in Care Professional. A physician or other
the Standard Industrial Classification licensed health care professional is an
Manual (1987) applies to the joint ac- individual whose legally permitted
tivities of the establishments; and scope of practice (i.e., license, registra-
(iv) Separate reports are routinely tion, or certification) allows him or her
prepared for each establishment on the to independently perform, or be dele-
number of employees, their wages and gated the responsibility to perform, the
salaries, sales or receipts, and other activities described by this regulation.
business information. For example, if You. ‘‘You’’ means an employer as
an employer operates a construction defined in section 3 of the Occupational
company at the same location as a Safety and Health Act of 1970 (29 U.S.C.
lumber yard, the employer may con-
652).
sider each business to be a separate es-
tablishment.
(2) Can an establishment include more
than one physical location? Yes, but only
under certain conditions. An employer
may combine two or more physical lo-

cations into a single establishment
only when:
75
PART 1905—RULES OF PRACTICE AUTHORITY: Secs. 6, 8, 16, Occupational

Safety and Health Act of 1970 (29 U.S.C. 655,
FOR VARIANCES, LIMITATIONS, 657, 665), Secretary of Labor’s Order No. 12–71
VARIATIONS, TOLERANCES, AND (36 FR 8754), 8–76 (41 FR 25059), or 9–83 (48 FR
EXEMPTIONS UNDER THE WIL- 35736) as applicable.
LIAMS-STEIGER OCCUPATIONAL SOURCE: 36 FR 12290, June 30, 1971, unless
SAFETY AND HEALTH ACT OF otherwise noted.
1970
Subpart A—General
Subpart A—General
§ 1905.1 Purpose and scope.
Sec.
1905.1 Purpose and scope. (a) This part contains rules of prac-
1905.2 Definitions. tice for administrative proceedings
1905.3 Petitions for amendments to this (1) To grant variances and other re-
part. lief under sections 6(b)(6)(A) and 6(d) of
1905.4 Amendments to this part.
1905.5 Effect of variances. the Williams-Steiger Occupational
1905.6 Public notice of a granted variance, Safety and Health Act of 1970, and
limitation, variation, tolerance, or ex- (2) To provide limitations, variations,
emption. tolerances, and exemptions under sec-
1905.7 Form of documents; subscription; tion 16 of the Act.
copies. (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
do not apply to the granting of
1905.10 Variances and other relief under sec- variances under section 6(b)(6)(C).
tion 6(b)(6)(A). Whenever appropriate, the procedure
1905.11 Variances and other relief under sec- for granting such a variance shall be
tion 6(d).
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. As used in this part, unless the con-
1905.14 Action on applications. text clearly requires otherwise—
1905.15 Requests for hearings on applica-
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
Labor.
1905.20 Notice of hearing.
1905.21 Manner of service. (c) Assistant Secretary means the As-
1905.22 Hearing examiners; powers and du- sistant Secretary of Labor for Occupa-
ties. tional Safety and Health.
1905.23 Prehearing conferences. (d) Person means an individual, part-
1905.24 Consent findings and rules or orders. nership, association, corporation, busi-
1905.25 Discovery.
ness trust, legal representative, and or-
1905.26 Hearings.
1905.27 Decisions of hearing examiners. ganized group of individuals, or an
1905.28 Exceptions. agency, authority, or instrumentality
1905.29 Transmission of record. of the United States or of a State.
1905.30 Decision of the Assistant Secretary. (e) Party means a person admitted to
participate in a hearing conducted in
Subpart D—Summary Decisions accordance with subpart C of this part.
1905.40 Motion for summary decision. An applicant for relief and any affected
1905.41 Summary decision. employee shall be entitled to be named
parties. The Department of Labor, rep-
Subpart E—Effect of Initial Decisions resented by the Office of the Solicitor,
1905.50 Effect of appeal of a hearing exam-
shall be deemed to be a party without
iner’s decision. the necessity of being named.

1905.51 Finality for purposes of judicial re- (f) Affected employee means an em-
view. ployee who would be affected by the
76
grant or denial of a variance, limita- part. However, any applications and

tion, variation, tolerance, or exemp- other papers shall be clearly legible.
tion, or any one of his authorized rep- An original and six copies of any appli-
resentatives, such as his collective bar- cation or other papers shall be filed.
gaining agent. The original shall be typewritten.
Clear carbon copies, or printed or proc-
§ 1905.3 Petitions for amendments to essed copies are acceptable copies.
this part.
(b) Each application or other paper
Any person may at any time petition which is filed in proceedings under this
the Assistant Secretary in writing to part shall be subscribed by the person
revise, amend, or revoke any provisions filing the same or by his attorney or
of this part. The petition should set other authorized representative.
forth either the terms or the substance
of the rule desired, with a concise
statement of the reasons therefor and
Subpart B—Applications for
the effects thereof. Variances, Limitations, Vari-
ations, Tolerances, Exemp-
§ 1905.4 Amendments to this part. tions and Other Relief
The Assistant Secretary may at any
time revise, amend, or revoke any pro- § 1905.10 Variances and other relief
under section 6(b)(6)(A).
visions of this part, on his own motion
or upon the written petition of any per- (a) Application for variance. Any em-
son. ployer, or class of employers, desiring a
variance from a standard, or portion
§ 1905.5 Effect of variances. 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;
priate State review authority until the (2) The address of the place or places
completion of such proceeding. of employment involved;
[36 FR 12290, June 30, 1971, as amended at 40
(3) A specification of the standard or
FR 25449, June 16, 1975] portion thereof from which the appli-
cant seeks a variance;
§ 1905.6 Public notice of a granted (4) A representation by the applicant,
variance, limitation, variation, tol- supported by representations from
erance, or exemption. qualified persons having first-hand
Every final action granting a vari- knowledge of the facts represented,
ance, limitation, variation, tolerance, that he is unable to comply with the
or exemption under this part shall be standard or portion thereof by its effec-
published in the FEDERAL REGISTER. tive date and a detailed statement of
Every such final action shall specify the reasons therefor;
the alternative to the standard in- (5) A statement of the steps the ap-
volved which the particular variance plicant has taken and will take, with
permits. specific dates where appropriate, to
protect employees against the hazard
§ 1905.7 Form of documents; subscrip- covered by the standard;
tion; copies. (6) A statement of when the applicant
(a) No particular form is prescribed expects to be able to comply with the

for applications and other papers which standard and of what steps he has
may be filed in proceedings under this taken and will take, with specific dates
77
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- terim order to be effective until a deci-
teration of facilities cannot be com- sion is rendered on the application for
pleted by the effective date; the variance filed previously or concur-
(ii) He is taking all available steps to rently. An application for an interim
safeguard his employees against the order may include statements of fact
hazards covered by the standard; and and arguments as to why the order
(iii) He has an effective program for should be granted. The Assistant Sec-
coming into compliance with the retary may rule ex parte upon the ap-
standard as quickly as practicable; plication.
(8) Any request for a hearing, as pro- (2) Notice of denial of application. If an
vided in this part; application filed pursuant to paragraph
(c)(1) of this section is denied, the ap-
(9) A statement that the applicant
plicant shall be given prompt notice of
has informed his affected employees of
the denial, which shall include, or be
the application by giving a copy there-
accompanied by, a brief statement of
of to their authorized representative,
the grounds therefor.
posting a statement, giving a summary
of the application and specifying where (3) Notice of the grant of an interim
a copy may be examined, at the place order. If an interim order is granted, a
or places where notices to employees copy of the order shall be served upon
are normally posted, and by other ap- the applicant for the order and other
propriate means; and parties and the terms of the order shall
be published in the FEDERAL REGISTER.
(10) A description of how affected em-
It shall be a condition of the order that
ployees have been informed of the ap-
the affected employer shall give notice
plication and of their right to petition
thereof to affected employees by the
the Assistant Secretary for a hearing.
same means to be used to inform them
(11) Where the requested variance of an application for a variance.
would be applicable to employment or
places of employment in more than one [36 FR 12290, June 30, 1971, as amended at 40
State, including at least one State FR 25449, June 16, 1975]
with a State plan approved under sec-
tion 18 of the Act, and involves a stand- § 1905.11 Variances and other relief
ard, or portion thereof, identical to a under section 6(d).
State standard effective under such (a) Application for variance. Any em-
plan: ployer, or class of employers, desiring a
(i) A side-by-side comparison of the variance authorized by section 6(d) of
Federal standard, or portion thereof, the Act may file a written application
involved with the State standard, or containing the information specified in
portion thereof, identical in substance paragraph (b) of this section, with the
and requirements; Assistant Secretary for Occupational
(ii) A certification that the employer Safety and Health, U.S. Department of
or employers have not filed for such Labor, Washington, DC 20210.
variance on the same material facts for (b) Contents. An application filed pur-
the same employment or place of em- suant to paragraph (a) of this section
ployment with any State authority shall include:
having jurisdiction under an approval (1) The name and address of the ap-
plan over any employment or place of plicant;

employment covered in the applica- (2) The address of the place or places
tion; and of employment involved;
78
(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. ees by the same means to be used to in-
(8) Where the requested variance form them of an application for a vari-
would be applicable to employment or ance.
places of employment in more than one
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]
tion 18 of the Act, and involves a stand-
§ 1905.12 Limitations, variations, toler-
ard, or portion thereof, identical to a ances, or exemptions under section
State standard effective under such 16.
plan:
(i) A side-by-side comparison of the (a) Application. Any person, or class
Federal standard, or portion thereof, of persons, desiring a limitation, vari-
involved with the State standard, or ation, tolerance, or exemption author-
portion thereof, identical in substance ized by section 16 of the Act may file
and requirements; an application containing the informa-
(ii) A certification that the employer tion specified in paragraph (b) of this
or employers have not filed for such section, with the Assistant Secretary
variance on the same material facts for for Occupational Safety and Health,
the same employment or place of em- U.S. Department of Labor, Washington,
ployment with any State authority DC 20210.
having jurisdiction under an approved (b) Contents. An application filed pur-
plan over any employment or place of suant to paragraph (a) of this section
employment covered in the applica- shall include:
tion; and (1) The name and address of the ap-
(iii) A statement as to whether, with plicant;
an identification of, any citations for (2) The address of the place or places
violations of the State standard, or of employment involved;

portion thereof, involved have been (3) A specification of the provision of
issued to the employer or employers by the Act to or from which the applicant
79
seeks a limitation, variation, toler- (ii) A description of the relief which

ance, or exemption; is sought;
(4) A representation showing that the (iii) A statement setting forth with
limitation, variation, tolerance, or ex- particularity the grounds for relief;
emption sought is necessary and proper (iv) If the applicant is an employer, a
to avoid serious impairment of the na- certification that the applicant has in-
tional defense; formed his affected employees of the
(5) Any request for a hearing, as pro- application by:
vided in this part; and (a) Giving a copy thereof to their au-
(6) A description of how employees thorized representative;
have been informed of the application (b) Posting at the place or places
and of their right to petition the As- where notices to employees are nor-
sistant Secretary for a hearing. mally posted, a statement giving a
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
shall be published in the FEDERAL REG- other action as may be appropriate to
ISTER. It shall be a condition of the give actual notice to affected employ-
order that the affected employer shall ees. Any request for a hearing shall in-
give notice thereof to affected employ- clude a short and plain statement of:
ees by the same means to be used to in- (i) How the proposed modification or
form them of an application for a vari- revocation would affect the requesting
ance. party; and
(ii) What the requesting party would
§ 1905.13 Modification, revocation, and seek to show on the subjects or issues
renewal of rules or orders.
involved.
(a) Modification or revocation. (1) An (b) Renewal. Any final rule or order
affected employer or an affected em- issued under section 6(b) (6) (A) or 16 of
ployee may apply in writing to the As- the Act may be renewed or extended as
sistant Secretary of Labor for Occupa- permitted by the applicable section
tional Safety and Health for a modi- and in the manner prescribed for its
fication or revocation of a rule or order issuance.
issued under section 6(b) (6) (A), 6(d), or (c) Multi-state variances. Where a Fed-
16 of the Act. The application shall eral variance has been granted with
contain: multi-state applicability, including ap-

(i) The name and address of the appli- plicability in a State operating under a
cant; State plan approved under section 18 of
80
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
under § 1905.14 of this chapter. thority, which shall be taken into con-
sideration in determining the merits of
[36 FR 12290, June 30, 1971, as amended at 40 the proposed action.
FR 25449, June 16, 1975] (4) A copy of each final decision of
§ 1905.14 Action on applications. the Assistant Secretary with respect to
an application filed under § 1905.10,
(a) Defective applications. (1) If an ap- § 1905.11, or § 1905.13 shall be furnished,
plication filed pursuant to § 1905.10(a), within 10 days of issuance, the State
§ 1905.11(a), § 1905.12(a), or § 1905.13 does authorities having jurisdiction over
not conform to the applicable section, the employment or place of employ-
the Assistant Secretary may deny the
ment covered in the application.
application.
(2) Prompt notice of the denial of an [36 FR 12290, June 30, 1971, as amended at 40
application shall be given to the appli- FR 25449, June 16, 1975]
cant.
(3) A notice of denial shall include, or § 1905.15 Requests for hearings on ap-
be accompanied by, a brief statement plications.
of the grounds for the denial. (a) Request for hearing. Within the
(4) A denial of an application pursu- time allowed by a notice of the filing of
ant to this paragraph shall be without an application, any affected employer,
prejudice to the filing of another appli- employee, or appropriate State agency
cation. having jurisdiction over employment
(b) Adequate applications. (1) If an ap- or places of employment covered in an
plication has not been denied pursuant application may file with the Assistant
to paragraph (a) of this section, the As- Secretary, in quadruplicate, a request
sistant Secretary shall cause to be pub- for a hearing on the application.
lished in the FEDERAL REGISTER a no- (b) Contents of a request for a hearing.
tice of the filing of the application.
A request for a hearing filed pursuant
(2) A notice of the filing of an appli-
to paragraph (a) of this section shall
cation shall include:
include:
(i) The terms, or an accurate sum-
(1) A concise statement of facts show-
mary, of the application;
ing how the employer or employee
(ii) A reference to the section of the
Act under which the application has would be affected by the relief applied
been filed; for;
(iii) An invitation to interested per- (2) A specification of any statement
sons to submit within a stated period or representation in the application
of time written data, views, or argu- which is denied, and a concise sum-
ments regarding the application; and mary of the evidence that would be ad-
(iv) Information to affected employ- duced in support of each denial; and
ers, employees, and appropriate State (3) Any views or arguments on any
authority having jurisdiction over em- issue of fact or law presented.
ployment or places of employment cov-

ered in the application of any right to FR 25450, June 16, 1975]
request a hearing on the application.
81
§ 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
ery of, or by mailing, a copy of the doc- by affidavits setting forth the alleged
ument to the last known address of the grounds for disqualification. The Chief
party. The person serving the docu- Hearing Examiner shall rule upon the
ment shall certify to the manner and motion.
the date of the service. (d) Contumacious conduct; failure or re-
fusal to appear or obey the rulings of a
§ 1905.22 Hearing examiners; powers presiding hearing examiner. (1) Contuma-
and duties. cious conduct at any hearing before the
(a) Powers. A hearing examiner des- hearing examiner shall be grounds for
ignated to preside over a hearing shall exclusion from the hearing.
have all powers necessary or appro- (2) If a witness or a party refuses to
priate to conduct a fair, full, and im- answer a question after being directed
partial hearing, including the fol- to do so, or refuses to obey an order to
lowing: provide or permit discovery, the hear-
(1) To administer oaths and affirma- ing examiner may make such orders
tions; with regard to the refusal as are just

(2) To rule upon offers of proof and and appropriate, including an order de-
receive relevant evidence; nying the application of an applicant
82
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:
(1) That the rule or order shall have
§ 1905.23 Prehearing conferences. 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- (4) A waiver of any right to challenge
tation; or contest the validity of the findings
(3) Stipulations, admissions of fact, and of the rule or order made in ac-
and of contents and authenticity of cordance with the agreement.
documents; (c) Submission. On or before the expi-
(4) Limitation of the number of par- ration of the time granted for negotia-
ties and of expert witnesses; and tions, the parties or their counsel may:
(5) Such other matters as may tend (1) Submit the proposed agreement to
to expedite the disposition of the pro- the presiding hearing examiner for his
ceeding, and to assure a just conclusion consideration; or
thereof. (2) Inform the presiding hearing ex-
(b) Record of conference. The hearing aminer that agreement cannot be
examiner shall make an order which reached.
recites the action taken at the con- (d) Disposition. In the event an agree-
ference, the amendments allowed to ment containing consent findings and
any documents which have been filed, rule or order is submitted within the
and the agreements made between the time allowed therefor, the presiding
parties as to any of the matters consid- hearing examiner may accept such
ered, and which limits the issues for agreement by issuing his decision
hearing to those not disposed of by ad- based upon the agreed findings.
missions or agreements; and such order
when entered controls the subsequent § 1905.25 Discovery.
course of the hearing, unless modified (a) Depositions. (1) For reasons of un-
at the hearing, to prevent manifest in- availability or for other good cause
justice. shown, the testimony of any witness
may be taken by deposition. Deposi-
§ 1905.24 Consent findings and rules or tions may be taken orally or upon
orders. written interrogatories before any per-
(a) General. At any time before the son designated by the presiding hearing
reception of evidence in any hearing, or examiner and having power to admin-
during any hearing a reasonable oppor- ister oaths.
tunity may be afforded to permit nego- (2) Application. Any party desiring to
tiation by the parties of an agreement take the deposition of a witness may
containing consent findings and a rule make application in writing to the pre-
or order disposing of the whole or any siding hearing examiner, setting forth:
part of the proceeding. The allowance (i) The reasons why such deposition
of such opportunity and the duration should be taken;

thereof shall be in the discretion of the (ii) The time when, the place where,
presiding hearing examiner, after con- and the name and post office address of
83
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- mentary evidence may be received, but
siding hearings examiner may order a presiding hearing examiner shall ex-
shall be given by the party taking the clude evidence which is irrelevant, im-
deposition to every other party. material, or unduly repetitious.
(4) Taking and receiving in evidence. (2) Testimony of witnesses. The testi-
Each witness testifying upon deposi- mony of a witness shall be upon oath
tion shall be sworn, and the parties not or affirmation administered by the pre-
calling him shall have the right to siding hearing examiner.
cross-examine him. The questions pro- (3) Objections. If a party objects to
pounded and the answers thereto, to- the admission or rejection of any evi-
gether with all objections made, shall dence, or to the limitation of the scope
be reduced to writing, read to the wit- of any examination or cross-examina-
ness, subscribed by him, and certified tion, or to the failure to limit such
by the officer before whom the deposi- scope, he shall state briefly the
tion is taken. Thereafter, the officer grounds for such objection. Rulings on
shall seal the deposition, with two cop- all objections shall appear in the
ies thereof, in an envelope and mail the record. Only objections made before
same by registered mail to the pre- the presiding hearing examiner may be
siding hearing examiner. Subject to relied upon subsequently in a pro-
such objections to the questions and ceeding.
answers as were noted at the time of (4) Exceptions. Formal exception to an
taking the deposition and would be adverse ruling is not required.
valid were the witness personally (d) Official notice. Official notice may
present and testifying, such deposition be taken of any material fact not ap-
may be read and offered in evidence by pearing in evidence in the record,
the party taking it as against any which is among the traditional matters
party who was present, represented at of judicial notice or concerning which
the taking of the deposition, or who the Department of Labor by reason of
had due notice thereof. No part of a its functions is presumed to be expert:
deposition shall be admitted in evi- Provided, That the parties shall be
dence unless there is a showing that given adequate notice, at the hearing
the reasons for the taking of the depo- or by reference in the presiding hearing
sition in the first instance exist at the examiner’s decision, of the matters so
time of hearing. noticed, and shall be given adequate
(b) Other discovery. Whenever appro- opportunity to show the contrary.
priate to a just disposition of any issue (e) Transcript. Hearings shall be
in a hearing, the presiding hearing ex- stenographically reported. Copies of
aminer may allow discovery by any the transcript may be obtained by the
other appropriate procedure, such as by parties upon written application filed
written interrogatories upon a party, with the reporter, and upon the pay-
production of documents by a party, or ment of fees at the rate provided in the
by entry for inspection of the employ- agreement with the reporter.
ment or place of employment involved.
§ 1905.27 Decisions of hearing exam-
§ 1905.26 Hearings. iners.
(a) Order of proceeding. Except as may (a) Proposed findings of fact, conclu-
be ordered otherwise by the presiding sions, and rules or orders. Within 10 days
hearing examiner, the party applicant after receipt of notice that the tran-
for relief shall proceed first at a hear- script of the testimony has been filed
ing. or such additional time as the pre-

(b) Burden of proof. The party appli- siding hearing examiner may allow,
cant shall have the burden of proof. each party may file with the hearing
84
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.
§ 1905.28 Exceptions. Subpart D—Summary Decisions
Within 20 days after service of a deci-
sion of a presiding hearing examiner, § 1905.40 Motion for summary deci-
sion.
any party may file with the hearing ex-
aminer written exceptions thereto with (a) Any party may, at least 20 days
supporting reasons. Such exceptions before the date fixed for any hearing
shall refer to the specific findings of under subpart C of this part, move with
fact, conclusions of law, or terms of the or without supporting affidavits for a
rule or order excepted to, the specific summary decision in his favor on all or
pages of transcript relevant to the sug- any part of the proceeding. Any other
gestions, and shall suggest corrected party may, within 10 days after service
findings of fact, conclusions of law, or of the motion, serve opposing affidavits
terms of the rule or order. Upon receipt or countermove for summary decision.
of any exceptions, the hearing exam- The presiding hearing examiner may,
iner shall fix a time for filing any ob- in his discretion, set the matter for ar-
jections to the exceptions and any sup- gument and call for the submission of
porting reasons. briefs.
(b) The filing of any documents under
§ 1905.29 Transmission of record. paragraph (a) of this section shall be
If exceptions are filed, the hearing with the hearing examiner, and copies
examiner shall transmit the record of of any such documents shall be served
the proceeding to the Assistant Sec- in accordance with § 1905.21.
retary for review. The record shall in- (c) The hearing examiner may grant
clude: The application, any request for such motion if the pleadings, affida-
hearing thereon, motions and requests vits, material obtained by discovery or
85
otherwise obtained, or matters offi- exceptions to the decision. If any time-

cially noticed show that there is no ly exception is filed, the hearing exam-
genuine issue as to any material fact iner shall fix a time for filing any ob-
and that a party is entitled to sum- jections to the exception and any sup-
mary decision. The hearing examiner porting reasons. Thereafter, the Assist-
may deny such motion whenever the ant Secretary, after consideration of
moving party denies access to informa- the exceptions and any supporting
tion by means of discovery to a party briefs filed therewith and of any objec-
opposing the motion. tions to the exceptions and any sup-
(d) Affidavits shall set forth such porting reasons, may issue a final deci-
facts as would be admissible in evi- sion.
dence in a proceeding subject to 5 (2) An initial decision and a final de-
U.S.C. 556 and 557 and shall show af- cision made under this paragraph shall
firmatively that the affiant is com- include a statement of:
petent to testify to the matters stated (i) Findings and conclusions, and the
therein. When a motion for summary reasons or bases therefor, on all issues
decision is made and supported as pro- presented; and
vided in this section, a party opposing (ii) The terms and conditions of the
the motion may not rest upon the mere rule or order made.
allegations or denials of his pleading; (3) A copy of an initial decision and a
his response must set forth specific final decision under this paragraph
facts showing that there is a genuine shall be served on each party.
issue of fact for the hearing. (b) Hearings on issues of fact. Where a
(e) Should it appear from the affida- genuine material question of fact is
vits of a party opposing the motion raised, the hearing examiner shall, and
that he cannot for reasons stated in any other case he may, set the case
present by affidavit facts essential to for an evidentiary hearing in accord-
justify his opposition, the hearing ex- ance with subpart C of this part.
aminer may deny the motion for sum-
mary decision or may order a continu- Subpart E—Effect of Initial
ance to permit affidavits to be ob- Decisions
tained or discovery to be had or may
make such other order as is just. § 1905.50 Effect of appeal of a hearing
(f) The denial of all or any part of a examiner’s decision.
motion for summary decision by the A hearing examiner’s decision under
hearing examiner shall not be subject this part shall not be operative pending
to interlocutory appeal to the Assist- a decision on appeal by the Assistant
ant Secretary unless the hearing exam- Secretary.
iner certifies in writing (1) that the
ruling involves an important question § 1905.51 Finality for purposes of judi-
of law or policy as to which there is cial review.
substantial ground for difference of Only a decision by the Assistant Sec-
opinion, and (2) that an immediate ap- retary shall be deemed final agency ac-
peal from the ruling may materially tion for purposes of judicial review. A
advance the ultimate termination of decision by a hearing examiner which
the proceeding. The allowance of such becomes final for lack of appeal is not
an interlocutory appeal shall not stay deemed final agency action for pur-
the proceeding before the hearing exposes of 5 U.S.C. 704.
aminer unless the Assistant Secretary
shall so order.
PART 1906—ADMINISTRATION WIT-
§ 1905.41 Summary decision. NESSES AND DOCUMENTS IN PRI-
(a) No genuine issue of material fact. (1) VATE LITIGATION [RESERVED]
Where no genuine issue of a material
fact is found to have been raised, the PART 1908—CONSULTATION
hearing examiner may issue an initial AGREEMENTS
decision to become final 20 days after

service thereof, unless, within such pe- Sec.
riod of time any party has filed written 1908.1 Purpose and scope.
86
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.
1908.5 Requests and scheduling for onsite
and at locations other than the em-
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.
1908.11 Exclusions. ployment and a place of employment
which is safe and healthful, as well as
AUTHORITY: Secs. 7(c), 8, 21(d), Occupa-
identify specific hazards in the work-
U.S.C. 656, 657, 670) and Secretary of Labor’s place, and will provide appropriate ad-
Order No. 6–96 (62 FR 111, January 2, 1997). vice and assistance in establishing or
SOURCE: 49 FR 25094, June 19, 1984, unless
improving the employer’s safety and
otherwise noted. health program and in correcting any
hazardous conditions identified.
§ 1908.1 Purpose and scope. (b) Assistance may include education
(a) This part contains requirements and training of the employer, the em-
for Cooperative Agreements between ployer’s supervisors, and the employ-
states and the Federal Occupational er’s other employees as needed to make
Safety and Health Administration the employer self-sufficient in ensuring
(OSHA) under sections 21(c) of the Oc- safe and healthful work and working
cupational Safety and Health Act of conditions. Although onsite consulta-
1970 (29 U.S.C. 651 et seq.) and section tion will be conducted independent of
21(d), the Occupational Safety and any OSHA enforcement activity, and
Health Administration Compliance As- the discovery of hazards will not man-
sistance Authorization Act of 1998 date citation or penalties, the em-
(which amends the Occupational Safe- ployer remains under a statutory obli-
ty and Health Act,) under which OSHA gation to protect employees, and in
will utilize state personnel to provide certain instances will be required to
consultative services to employers. take necessary protective action. Em-
Priority in scheduling such consulta- ployer correction of hazards identified
tion visits must be assigned to requests
by the consultant during a comprehen-
received from small businesses which
sive workplace survey, and implemen-
are in higher hazard industries or have
the most hazardous conditions at issue tation of certain core elements of an
in the request. Consultation programs effective safety and health program
operated under the authority of a state and commitment to the completion of
plan approved under section 18 of the others may serve as the basis for em-
Act (and funded under section 23(g), ployer exemption from certain OSHA
rather than under a Cooperative Agree- enforcement activities. States entering
ment) which provide consultative serv- into Agreements under this part will
ices to private sector employers, must receive ninety percent Federal reim-
be ‘‘at least as effective as’’ the section bursement for allowable costs, and will
21(d) Cooperative Agreement programs provide consultation to employers re-
established by this part. The service questing the service, subject to sched-
will be made available at no cost to uling priorities, available resources,
employers to assist them in estab- and any other limitations established
lishing effective occupational safety by the Assistant Secretary as part of
and health programs for providing em- the Cooperative Agreement.
ployment and places of employment (c) States operating approved Plans
which are safe and healthful. The over- under section 18 of the Act shall, in ac-
all goal is to prevent the occurrence of cord with section 18(b), establish en-
injuries and illnesses which may result forcement policies applicable to the
from exposure to hazardous workplace safety and health issues covered by the
conditions and from hazardous work

practices. The principal assistance will
be provided at the employer’s worksite,
87
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- Imminent danger means any condi-
tion and exemption program. 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-
pected to cause death or serious phys-
§ 1908.2 Definitions. 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
Employee representative, as used in the
education needed to address hazards, or
OSHA consultation program under this
potential hazards, at the worksite.
part, means the authorized representa-
tive of employees at a site where there OSHA means the Federal Occupa-
is a recognized labor organization rep- tional Safety and Health Administra-
resenting employees. tion or the State agency responsible
Employer means a person engaged in a under a Plan approved under section 18
business who has employees, but does of the Act for the enforcement of occu-
not include the United States (not in- pational safety and health standards in
cluding the United States Postal Serv- that State.
ice,) or any state or political subdivi- Other-than-serious hazard means any
sion of a state. condition or practice which would be
Hazard correction means the elimi- classified as an other-than-serious vio-

nation or control of a workplace hazard lation of applicable federal or state
in accord with the requirements of ap- statutes, regulations or standards,
88
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
or state statutes, regulations or stand- (ii) In States without Plans approved
ards, based on criteria contained in the under section 18, no Federal reimburse-
current OSHA field instructions or ap- ment for consultation provided to
proved State Plan counterpart, except State and local governments will be al-
that the element of employer knowl- lowed, although this activity may be
edge shall not be considered. conducted independently by a State
State includes a State of the United with 100 percent State funding.
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
to assist them in establishing and other than the employer’s worksite,
maintaining employment and a place such as the consultation project of-
of employment which is safe and fices. It may, under limited conditions
healthful. specified by the Assistant Secretary,
[49 FR 25094, June 19, 1984, as amended at 65 include training and education.
FR 64290, Oct. 26, 2000]
§ 1908.5 Requests and scheduling for
§ 1908.3 Eligibility and funding. onsite consultation.
(a) State eligibility. Any state may (a) Encouraging requests—(1) State re-
enter into an agreement with the As- sponsibility. The State shall be respon-
sistant Secretary to perform consulta- sible for encouraging employers to re-
tion for private sector employers; ex- quest consultative assistance and shall
cept that a state having a plan ap- publicize the availability of its con-
proved under section 18 of the Act is el- sultative service and the scope of the
89
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 (b) Employer requests. (1) An onsite
explain the availability of the service, consultative visit will be provided only
and participation at employer con- at the request of the employer, and
ferences and seminars; shall not result from the enforcement
(v) Solicitation of support from State of any right of entry under state law.
business and labor organizations and (2) When making a request, an em-
leaders, and public officials; ployer in a small, high hazard estab-
(vi) Solicitation of publicizing by em- lishment shall generally be encouraged
ployers and employees who have re- to include within the scope of such re-
ceived consultative services; quest all working conditions at the
(vii) Preparation and dissemination worksite and the employer’s entire
of publications, descriptive materials, safety and health program. However, a
and other appropriate items on con- more limited scope may be encouraged
sultative services; in larger and less hazardous establish-
(viii) Free public service announce- ments. Moreover, any employer may
ments on radio and television. specify a more limited scope for the
(3) Scope of service. In its publicity for visit by indicating working conditions,
the program, in response to any in- hazards, or situations on which onsite
quiry, and before an employer’s request consultation will be focused. When
for a consultative visit may be accept- such limited requests are at issue, the
ed, the state shall clearly explain that consultant will limit review and pro-
the service is provided at no cost to an vide assistance only with respect to
employer with federal and state funds those working conditions, hazards, or
for the purpose of assisting the em- situations specified; except that if the
ployer in establishing and maintaining consultant observes, in the course of
effective programs for providing safe the onsite visit, hazards which are out-
and healthful places of employment for side the scope of the request, the con-
employees, in accord with the require- sultant must treat such hazards as
ments of the applicable state or federal though they were within the scope of
laws and regulations. The state shall the request.
explain that while utilizing this serv- (3) Employers may request onsite
ice, an employer remains under a stat- consultation to assist in the abatement
utory obligation to provide safe and of hazards cited during an OSHA en-
healthful work and working conditions forcement inspection. However, an on-
for employees. In addition, while the site consultative visit may not take
identification of hazards by a consult- place after an inspection until the con-
ant will not mandate the issuance of ditions set forth in § 1908.7(b)(3) have
citations or penalties, the employer is been met.
required to take necessary action to (c) Scheduling priority. Priority shall
eliminate employee exposure to a haz- be assigned to requests from businesses
ard which in the judgment of the con- with the most hazardous operations,
sultant represents an imminent danger with primary attention to smaller
to employees, and to take action to businesses. Preference shall be given to
90
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.
An initial visit may include training (iii) The consultant is authorized to
and education for employers and em- deny the right to accompany under
ployees, if the need for such training this section to any person whose con-
and education is revealed by the duct interferes with the orderly con-
walkthrough of the workplace and the duct of the visit.
examination of the employer’s safety (d) Opening and closing conferences. (1)
and health program, and if the em- The consultant will encourage a joint
ployer so requests. The visit shall be opening conference with employer and
followed by a written report to the em- employee representatives. If there is an
ployer. Additional visits may be con- objection to a joint conference, the
ducted at the employer’s request to consultant will conduct separate con-
provide needed education and training, ferences with employer and employee
assistance with the employer’s safety representatives. The consultant must
and health program, technical assist- inform affected employees, with whom
ance in the correction of hazards, or as he confers, of the purpose of the con-
necessary to verify the correction of sultation visit.
serious hazards identified during pre- (2) In addition to the requirements of
vious visits. A compliance inspection paragraph (c) of this section, the con-
may in some cases be the basis for a sultant will, in the opening conference,
visit limited to education and training, explain to the employer the relation-
assistance with the employer’s safety ship between onsite consultation and
and health program, or technical as- OSHA enforcement activity, explain
sistance in the correction of hazards. the obligation to protect employees in
91
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
to employee safety and health. The consultants shall also advise the
(e) Onsite activity. (1) Activity during employers of additional sources of as-
the onsite consultative visit will focus sistance, if known.
primarily on those areas, conditions, or (6) When a hazard is identified in the
hazards regarding which the employer workplace, the consultant shall indi-
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-
rection of those serious hazards which the period of time established for the
are identified during the visit. correction of a hazard or any other
(2) The consultant shall advise the substantive finding of the consultant.
employer as to the employer’s obliga- (8) As a condition for receiving the
tions and responsibilities under appli- consultation service, the employer
cable Federal or State law and imple- must agree to post the List of Hazards
menting regulations. accompanying the consultant’s written
(3) Within the scope of the employer’s report, and to notify affected employ-
request, consultants shall review the ees when hazards are corrected. When
employer’s safety and health program received, the List of Hazards must be
and provide advice on modifications or posted, unedited, in a prominent place
additions to make such programs more where it is readily observable by all af-
effective. fected employees for 3 working days, or
(4) Consultants shall identify and until the hazards are corrected, which-
provide advice on correction of those ever is later. A copy of the List of Haz-
hazards included in the employer’s re- ards must be made available to the em-
quest and any other safety or health ployee representative who participates
hazards observed in the workplace dur- in the visit. In addition, the employer
ing the course of the onsite consult- must agree to make information on the
ative visit. This advice shall include
corrective actions proposed by the con-
basic information indicating the possi-
sultant, as well as other-than-serious

bility of a solution and describing the
general form of the solution. The con- hazards identified, available at the
sultant shall conduct sampling and
92
worksite for review by affected em- facts, whether enforcement activity is

ployees or the employee representa- warranted.
tive. OSHA will not schedule a compli- (5) After correction of all serious haz-
ance inspection in response to a com- ards, the employer shall notify the con-
plaint based upon a posted List of Haz- sultation manager by written con-
ards unless the employer fails to meet firmation of the correction of the haz-
his obligations under paragraph (f) of ards, unless correction of the serious
this section, or fails to provide interim hazards is verified by direct observa-
protection for exposed employees. tion by the consultant.
(f) Employer obligations. (1) An em- (g) Written report. (1) A written report
ployer must take immediate action to shall be prepared for each visit which
eliminate employee exposure to a haz- results in substantive findings or rec-
ard which, in the judgment of the con- ommendations, and shall be sent to the
sultant, presents an imminent danger employer. The timing and format of
to employees. If the employer fails to the report shall be approved by the As-
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
(4) If the employer fails to take the § 1908.7(a)(3). The state may also dis-
action necessary to correct a serious close information contained in the con-
hazard within the established time sultant’s written report to the extent
frame or any extensions thereof, the required by 29 CFR 1910.1020 or other
consultation manager shall imme- applicable OSHA standards or regula-
diately notify the appropriate OSHA tions.
enforcement authority and provide the (h) Confidentiality. (1) The consultant
relevant information. The OSHA en- shall preserve the confidentiality of in-
forcement authority will make a deter- formation obtained as the result of a
mination, based on a review of the consultative visit which contains or
93
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
OSHA, including information which spections, assign a lower priority to
identifies employers who have re- worksites where consultation visits are
quested consultation services. OSHA scheduled.
may use such information to admin- (2) The consultant shall terminate an
ister the consultation program and to onsite consultative visit already in
evaluate state and federal performance progress where one of the following
under that program, but shall, to the kinds of OSHA compliance inspections
maximum extent permitted by law, is about to take place:
treat information which identifies spe- (i) Imminent danger investigations;
cific employers as exempt from public (ii) Fatality/catastrophe investiga-
disclosure. tions;
(Approved by the Office of Management and (iii) Complaint investigations;
Budget under control number 1218–0110) (iv) Other critical inspections as de-
[49 FR 25094, June 19, 1984, as amended at 54 termined by the Assistant Secretary.
FR 24333, June 7, 1989; 65 FR 64291, Oct. 26, (3) An onsite consultation visit may
2000] not take place while an OSHA enforce-
ment inspection is in progress at the
§ 1908.7 Relationship to enforcement.
establishment. An enforcement inspec-
(a) Independence. (1) Consultative action shall be deemed ‘‘in progress’’
tivity by a State shall be conducted from the time a compliance officer ini-
independently of any OSHA enforce- tially seeks entry to the workplace to
ment activity. the end of the closing conference. An
(2) The consultative activity shall enforcement inspection will also be
have its own identifiable managerial considered ‘‘in progress’’ in cases where
staff. In States with Plans approved entry is refused, until such times as:
under section 18 of the Act, this staff
the inspection is conducted; the RA de-
will be separate from the managing of
termines that a warrant to require
compliance inspections and scheduling.
(3) The identity of employers request- entry to the workplace will not be
ing onsite consultation, as well as the sought; or the RA determines that al-
file of the consultant’s visit, shall not lowing a consultative visit to proceed
be provided to OSHA for use in any is in the best interest of employee safe-
compliance activity, except as provided ty and health. An onsite consultative
for in § 1908.6(f)(1) (failure to eliminate visit shall not take place subsequent to
imminent danger,) § 1908.6(f)(4) (failure an OSHA enforcement inspection until
to eliminate serious hazards,) para- a determination has been made that no
graph (b)(1) of this section (inspection citation will be issued, or if a citation
deferral) and paragraph (b)(4) of this is issued, onsite consultation shall only
section (recognition and exemption take place with regard to those cita-
program). tion items which have become final or-
(b) Effect upon scheduling. (1) An on- ders.
site consultative visit already in (4) The recognition and exemption
progress will have priority over OSHA program operated by the OSHA con-
compliance inspections except as pro- sultation projects provide incentives
vided in paragraph (b)(2) of this sec- and support to smaller, high-hazard
94
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
identified during the course of the con- the consultant, shall not be binding
sultative visit within established time upon a compliance officer and need not
frames; has began to implement all the affect the regular conduct of a compli-
elements of an effective safety and ance inspection or preclude the finding
health program; and agrees to request of alleged violations and the issuance
a consultative visit if major changes in of citations, or constitute a defense to
working conditions or work processes any enforcement action.
occur which may introduce new haz- (3) In the event of a subsequent in-
ards, OSHA’s Programmed Inspections spection, the employer is not required
at that particular site may be deferred to inform the compliance officer of the
while the employer is working to prior visit. The employer is not re-
achieve recognition and exemption sta- quired to provide a copy of the state
tus. consultant’s written report to the com-
(B) Employers who meet all the re- pliance officer, except to the extent
quirements for recognition and exemp- that disclosure of information con-
tion will have the names of their estab- tained in the report is required by 29
lishments removed from OSHA’s Pro- CFR 1910.1020 or other applicable OSHA
grammed Inspection Schedule for a pe- standard or regulation. If, during a
riod of not less than one year. The ex- subsequent enforcement investigation,
emption period will extend from the
OSHA independently determines there
date of issuance by the Regional Office
is reason to believe that the employer:
of the certificate of recognition.
failed to correct serious hazards identi-
(ii) Inspections. OSHA will continue
to make inspections in the following fied during the course of a consultation
categories at sites that achieved rec- visit; created the same hazard again; or
ognition status and have been granted made false statements to the state or
exemption from OSHA’s Programmed OSHA in connection with participation
Inspection Schedule; and at sites in the consultation program, OSHA
granted inspection deferrals as pro- may exercise its authority to obtain
vided for under paragraph (b)(4)(i)(A) of the consultation report.
this section: (4) If, however, the employer chooses
(A) Imminent danger. to provide a copy of the consultant’s
(B) Fatality/Catastrophe. report to a compliance officer, it may
(C) Formal Complaints. be used as a factor in determining the
(5) When an employer requests con- extent to which an inspection is re-
sideration for participation in the rec- quired and as a factor in determining
ognition and exemption program under proposed penalties. When, during the
paragraph (b)(4) of this section, the course of a compliance inspection, an
provisions of § 1908.6(e)(7), (e)(8), (f)(3), OSHA compliance officer identifies the
and (f)(5) shall apply to other-than-se- existence of serious hazards previously
rious hazards as well as serious haz- identified as a result of a consultative
ards. visit, the Area Director shall have au-
(c) Effect upon enforcement. (1) The ad-
thority to assess minimum penalties if

vice of the consultant and the consult-
the employer is in good faith com-
ant’s written report will not be binding
on a compliance officer in a subsequent plying with the recommendations of a
95
consultant after such consultative (2) Minimum requirements of con-

visit. sultants shall include the following:
(Approved by the Office of Management and
(i) The ability to identify hazards;
Budget under control number 1218–0110) the ability to assess employee exposure
and risk; knowledge of OSHA stand-
[49 FR 25094, June 19, 1984, as amended at 54 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-
tively communicate, both orally and in
(a) Number. (1) The number of con-
sultant positions which will be funded writing.
(ii) Consultants shall meet any addi-
under a Cooperative Agreement pursu-
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.
All consultants shall be selected in ac- (ii) A performance evaluation of each
cordance with the provisions of Execu- State consultant performing consulta-
tive Order 11246 of September 24, 1965, tion services for employers shall be
as amended, entitled ‘‘Equal Employ- prepared annually. All aspects of a con-
ment Opportunity.’’ sultant’s performance shall be reviewed
96
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 (Approved by the Office of Management and
record and may be timed to coincide Budget under control number 1218–0110)
with regular personnel evaluations.
(iii) Performance of individual con-
FR 24333, June 7, 1989]
sultants shall be measured in terms of
their ability to identify hazards in the § 1908.10 Cooperative Agreements.
workplaces which they have visited;
(a) Who may make Agreements. The As-
their ability to determine employee ex-
sistant Secretary may make a Coopera-
posure and risk, and in particular their
tive Agreement under this part with
performance under § 1908.6 (e) and (f);
the Governor of a State or with any
their knowledge and application of ap-
State agency designated for that pur-
plicable Federal or State statutes, reg-
pose by the Governor.
ulations or standards; their knowledge
(b) Negotiations. (1) Procedures for ne-
and application of appropriate hazard gotiations may be obtained through
correction techniques and approaches; the RA who will negotiate for the As-
their knowledge and application of the sistant Secretary and make final rec-
requirements of an effective workplace ommendations on each Agreement to
safety and health program; and their the Assistant Secretary.
ability to communicate effectively (2) States with Plans approved under
their findings and recommendations section 18 of the Act may initiate nego-
and the reasons for them to employers, tiations in anticipation of the with-
and relevant information, skills and drawal from the Plan of Federally
techniques to employers and employ- funded onsite consultation services to
ees. private sector employers.
(iv) Accompanied visits to observe (3) Renegotiation of existing Agree-
consultants during onsite consultative ments funded under this part shall be
visits shall be conducted periodically initiated within 30 days of the effective
in accord with a plan established in date of these revisions.
each annual Cooperative Agreement. (c) Contents of Cooperative Agreement.
The State may also conduct unaccom- (1) Any Agreement and subsequent
panied visits to workplaces which re- modifications shall be in writing and
ceived onsite consultation, for the pur- signed by both parties.
pose of evaluating consultants. A writ- (2) Each Agreement shall provide
ten report of each visit shall be pro- that the State will conform its oper-
vided to the consultant. These visits ations under the Agreement to:
shall be conducted only with the ex- (i) The requirements contained in
pressed permission of the employer this part 1908;
who requests the onsite consultative (ii) All related formal directives sub-
visit. sequently issued by the Assistant Sec-
(v) The State will report quarterly to retary implementing this regulation.
the RA on system operations, including (3) Each Agreement shall contain
copies of accompanied visit reports such other explicit written commit-
completed that quarter. ments in conformance with the provi-
(2) Federal activity. State consultant sions of this part as may be required by
performance monitoring as set out in the Assistant Secretary. Each Agree-
§ 1908.9(b)(1) shall not preclude Federal ment shall also include a budget of the
monitoring activity by methods deter- State’s anticipated expenditures under
mined to be appropriate by the Assist- the Agreement, in the detail and for-
ant Secretary. mat required by the Assistant Sec-
(c) State reporting. For Federal moni- retary.
toring and evaluation purposes, the (d) Location of sample Cooperative
State shall compile and submit such Agreement. A sample Agreement is
factual and statistical data in the for- available for inspection at all Regional
mat and at the frequency required by Offices of the Occupational Safety and
the Assistant Secretary. The State Health Administration of the U.S. De-
shall prepare and submit to the RA any partment of Labor.
97
(e) Action upon requests. The State 1910.18 Changes in established Federal
will be notified within a reasonable pe- standards.
riod of time of any decision concerning 1910.19 Special provisions for air contami-
nants.
its request for a Cooperative Agree-
ment. If a request is denied, the State Subpart C [Reserved]
will be informed in writing of the rea-
sons supporting the decision. If a Coop- Subpart D—Walking-Working Surfaces
erative Agreement is negotiated, the
initial finding will specify the period 1910.21 Definitions.
1910.22 General requirements.
for the Agreement. Additional funds
1910.23 Guarding floor and wall openings
may be added at a later time provided and holes.
the activity is satisfactorily carried 1910.24 Fixed industrial stairs.
out and appropriations are available. 1910.25 Portable wood ladders.
The State may also be required to 1910.26 Portable metal ladders.
amend the Agreement for continued 1910.27 Fixed ladders.
support. 1910.28 Safety requirements for scaffolding.
(f) Termination. Either party may ter- 1910.29 Manually propelled mobile ladder
stands and scaffolds (towers).
minate a Cooperative Agreement under
1910.30 Other working surfaces.
this part upon 30 days’ written notice
to the other party. Subpart E—Exit Routes and Emergency
(Approved by the Office of Management and Planning
Budget under control number 1218–0110)
1910.33 Table of contents.
[49 FR 25094, June 19, 1984, as amended at 54 1910.34 Coverage and definitions.
FR 24333, June 7, 1989] 1910.35 Compliance with alternate exit-
route codes.
§ 1908.11 Exclusions. 1910.36 Design and construction require-
ments for exit routes.
A Cooperative Agreement under this
1910.37 Maintenance, safeguards, and oper-
part will not restrict in any manner ational features for exit routes.
the authority and responsibility of the 1910.38 Emergency action plans.
Assistant Secretary under sections 8, 9, 1910.39 Fire prevention plans.
10, 13, and 17 of the Act, or any cor- APPENDIX TO SUBPART E OF PART 1910—EXIT
responding State authority. ROUTES, EMERGENCY ACTION PLANS, AND
FIRE PREVENTION PLANS
PART 1910—OCCUPATIONAL Subpart F—Powered Platforms, Manlifts,
SAFETY AND HEALTH STANDARDS and Vehicle-Mounted Work Platforms
Subpart A—General 1910.66 Powered platforms for building
maintenance.
Sec. 1910.67 Vehicle-mounted elevating and ro-
1910.1 Purpose and scope. tating work platforms.
1910.2 Definitions. 1910.68 Manlifts.
1910.3 Petitions for the issuance, amend-
ment, or repeal of a standard. Subpart G—Occupational Health and
1910.4 Amendments to this part. Environmental Control
1910.5 Applicability of standards.
1910.6 Incorporation by reference. 1910.94 Ventilation.
1910.7 Definition and requirements for a na- 1910.95 Occupational noise exposure.
tionally recognized testing laboratory. 1910.97 Nonionizing radiation.
1910.8 OMB control numbers under the Pa- 1910.98 Effective dates.
perwork Reduction Act.
1910.9 Compliance duties owed to each em- Subpart H—Hazardous Materials
ployee.
1910.101 Compressed gases (general require-
Subpart B—Adoption and Extension of ments).
Established Federal Standards 1910.102 Acetylene.
1910.103 Hydrogen.
1910.11 Scope and purpose. 1910.104 Oxygen.
1910.12 Construction work. 1910.105 Nitrous oxide.
1910.15 Shipyard employment. 1910.106 Flammable liquids.

1910.16 Longshoring and marine terminals. 1910.107 Spray finishing using flammable
1910.17 Effective dates. and combustible materials.
98
Occupational Safety and Health Admin., Labor Pt. 1910
1910.108 [Reserved] PORTABLE FIRE SUPPRESSION EQUIPMENT
1910.109 Explosives and blasting agents.
1910.157 Portable fire extinguishers.
1910.110 Storage and handling of liquified
1910.158 Standpipe and hose systems.
petroleum gases.
1910.111 Storage and handling of anhydrous FIXED FIRE SUPPRESSION EQUIPMENT
ammonia.
1910.112–1910.113 [Reserved] 1910.159 Automatic sprinkler systems.
1910.119 Process safety management of high- 1910.160 Fixed extinguishing systems, gen-
ly hazardous chemicals. eral.
1910.120 Hazardous waste operations and 1910.161 Fixed extinguishing systems, dry
emergency response. chemical.
1910.121 [Reserved] 1910.162 Fixed extinguishing systems, gas-
eous agent.
DIPPING AND COATING OPERATIONS 1910.163 Fixed extinguishing systems, water
spray and foam.
1910.122 Table of contents.
1910.123 Dipping and coating operations: OTHER FIRE PROTECTION SYSTEMS
Coverage and definitions.
1910.124 General requirements for dipping 1910.164 Fire detection systems.
and coating operations. 1910.165 Employee alarm systems.
1910.125 Additional requirements for dipping APPENDICES TO SUBPART L OF PART 1910—
and coating operations that use flam- NOTE
mable liquids or liquids with flashpoints APPENDIX A TO SUBPART L OF PART 1910—
greater than 199.4 °F (93 °C). FIRE PROTECTION
1910.126 Additional requirements for special APPENDIX B TO SUBPART L OF PART 1910—NA-
dipping and coating operations. TIONAL CONSENSUS STANDARDS
APPENDIX C TO SUBPART L OF PART 1910—
Subpart I—Personal Protective Equipment FIRE PROTECTION REFERENCES FOR FUR-
THER INFORMATION
1910.132 General requirements. APPENDIX D TO SUBPART L OF PART 1910—
1910.133 Eye and face protection. AVAILABILITY OF PUBLICATIONS INCOR-
1910.134 Respiratory protection. PORATED BY REFERENCE IN SECTION
1910.135 Head protection. 1910.156 FIRE BRIGADES
1910.136 Foot protection. APPENDIX E TO SUBPART L OF PART 1910—
1910.137 Electrical protective equipment. TEST METHODS FOR PROTECTIVE CLOTHING
1910.138 Hand protection.
APPENDIX A TO SUBPART I OF PART 1910—REF- Subpart M—Compressed Gas and
ERENCES FOR FURTHER INFORMATION (NON- Compressed Air Equipment
MANDATORY)
APPENDIX B TO SUBPART I OF PART 1910—NON- 1910.166–1910.168 [Reserved]
MANDATORY COMPLIANCE GUIDELINES FOR 1910.169 Air receivers.
HAZARD ASSESSMENT AND PERSONAL PRO-
TECTIVE EQUIPMENT SELECTION Subpart N—Materials Handling and
Storage
Subpart J—General Environmental Controls
1910.176 Handling materials—general.
1910.141 Sanitation. 1910.177 Servicing multi-piece and single
1910.142 Temporary labor camps. piece rim wheels.
1910.143 Nonwater carriage disposal sys- 1910.178 Powered industrial trucks.
tems. [Reserved] 1910.179 Overhead and gantry cranes.
1910.144 Safety color code for marking phys- 1910.180 Crawler locomotive and truck
ical hazards. cranes.
1910.145 Specifications for accident preven- 1910.181 Derricks.
tion signs and tags. 1910.183 Helicopters.
1910.146 Permit-required confined spaces. 1910.184 Slings.
1910.147 The control of hazardous energy
(lockout/tagout). Subpart O—Machinery and Machine
Guarding
Subpart K—Medical and First Aid
1910.151 Medical services and first aid. 1910.212 General requirements for all ma-
1910.152 [Reserved] chines.
1910.213 Woodworking machinery require-
Subpart L—Fire Protection ments.
1910.214 Cooperage machinery. [Reserved]
1910.155 Scope, application and definitions 1910.215 Abrasive wheel machinery.

applicable to this subpart. 1910.216 Mills and calenders in the rubber
1910.156 Fire brigades. and plastics industries.
99
1910.217 Mechanical power presses. SAFETY REQUIREMENTS FOR SPECIAL
1910.218 Forging machines. EQUIPMENT
1910.219 Mechanical power-transmission ap-
paratus. 1910.381–1910.398 [Reserved]
DEFINITIONS
Subpart P—Hand and Portable Powered
Tools and Other Hand-Held Equipment 1910.399 Definitions applicable to this sub-
part.
1910.241 Definitions. APPENDIX A TO SUBPART S OF PART 1910—
1910.242 Hand and portable powered tools REFERENCE DOCUMENTS
and equipment, general. APPENDIX B TO SUBPART S OF PART 1910—EX-
1910.243 Guarding of portable powered tools.
PLANATORY DATA [RESERVED]
1910.244 Other portable tools and equip-
APPENDIX C TO SUBPART S OF PART 1910—TA-
ment.
BLES, 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.
1910.261 Pulp, paper, and paperboard mills. GENERAL OPERATIONS PROCEDURES

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-
mission, and distribution. 1910.424 SCUBA diving.
1910.272 Grain handling facilities. 1910.425 Surface-supplied air diving.
1910.426 Mixed-gas diving.
Subpart S—Electrical 1910.427 Liveboating.
GENERAL EQUIPMENT PROCEDURES AND REQUIREMENTS

1910.301 Introduction. 1910.430 Equipment.
DESIGN SAFETY STANDARDS FOR ELECTRICAL RECORDKEEPING

SYSTEMS
1910.440 Recordkeeping requirements.
1910.302 Electric utilization systems. APPENDIX A TO SUBPART T OF PART 1910—EX-
1910.303 General. AMPLES OF CONDITIONS WHICH MAY RE-
1910.304 Wiring design and protection. STRICT OR LIMIT EXPOSURE TO
1910.305 Wiring methods, components, and HYPERBARIC CONDITIONS
equipment for general use. APPENDIX B TO SUBPART T OF PART 1910—
1910.306 Specific purpose equipment and in- GUIDELINES FOR SCIENTIFIC DIVING
stallations.
APPENDIX C TO SUBPART T OF PART 1910—AL-
1910.307 Hazardous (classified) locations.
TERNATIVE CONDITIONS UNDER
1910.308 Special systems.
§ 1910.401(a)(3) FOR RECREATIONAL DIVING
1910.309–1910.330 [Reserved]
INSTRUCTORS AND DIVING GUIDES (MANDA-
SAFETY-RELATED WORK PRACTICES TORY)
1910.331 Scope. Subparts U–Y [Reserved]

1910.332 Training.
1910.333 Selection and use of work practices. 1910.901–1910.999 [Reserved]
1910.334 Use of equipment.
1910.335 Safeguards for personnel protec- SOURCE: 39 FR 23502, June 27, 1974, unless
tion. otherwise noted.
1910.336–1910.360 [Reserved] AUTHORITY: 29 U.S.C. 653, 655, 657; Sec-
retary of Labor’s Order Numbers 12–71 (36 FR
SAFETY-RELATED MAINTENANCE
8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–
REQUIREMENTS
90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR
1910.361–1910.380 [Reserved] 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR
100
31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR (b) Assistant Secretary of Labor means
3912), as applicable. the Assistant Secretary of Labor for
Sections 1910.6, 1910.7, 1910.8 and 1910.9 also
issued under 29 CFR 1911. Section 1910.7(f)
Occupational Safety and Health;
also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, (c) Employer means a person engaged
5 U.S.C. 553; Public Law 106–113 (113 Stat. in a business affecting commerce who
1501A–222); Pub. L. 11–8 and 111–317; and OMB has employees, but does not include
Circular A–25 (dated July 8, 1993) (58 FR the United States or any State or po-
38142, July 15, 1993).
litical subdivision of a State;
(d) Employee means an employee of an
Subpart A—General employer who is employed in a busi-
§ 1910.1 Purpose and scope. ness of his employer which affects com-
merce;
(a) Section 6(a) of the Williams-
(e) Commerce means trade, traffic,
Steiger Occupational Safety and
Health Act of 1970 (84 Stat. 1593) pro- commerce, transportation, or commu-
vides that ‘‘without regard to chapter 5 nication among the several States, or
of title 5, United States Code, or to the between a State and any place outside
other subsections of this section, the thereof, or within the District of Co-
Secretary shall, as soon as practicable lumbia, or a possession of the United
during the period beginning with the States (other than the Trust Territory
effective date of this Act and ending 2 of the Pacific Islands), or between
years after such date, by rule promul- points in the same State but through a
gate as an occupational safety or point outside thereof;
health standard any national (f) Standard means a standard which
concensus standard, and any estab- requires conditions, or the adoption or
lished Federal standard, unless he de- use of one or more practices, means,
termines that the promulgation of such methods, operations, or processes, rea-
a standard would not result in im- sonably necessary or appropriate to
proved safety or health for specifically provide safe or healthful employment
designated employees.’’ The legislative and places of employment;
purpose of this provision is to estab-
(g) National consensus standard means
lish, as rapidly as possible and without
regard to the rule-making provisions of any standard or modification thereof
the Administrative Procedure Act, which (1) has been adopted and promul-
standards with which industries are gated by a nationally recognized stand-
generally familiar, and on whose adop- ards-producing organization under pro-
tion interested and affected persons cedures whereby it can be determined
have already had an opportunity to ex- by the Secretary of Labor or by the As-
press their views. Such standards are sistant Secretary of Labor that persons
either (1) national concensus standards interested and affected by the scope or
on whose adoption affected persons provisions of the standard have reached
have reached substantial agreement, or substantial agreement on its adoption,
(2) Federal standards already estab- (2) was formulated in a manner which
lished by Federal statutes or regula- afforded an opportunity for diverse
tions. views to be considered, and (3) has been
(b) This part carries out the directive designated as such a standard by the
to the Secretary of Labor under section Secretary or the Assistant Secretary,
6(a) of the Act. It contains occupa- after consultation with other appro-
tional safety and health standards priate Federal agencies; and
which have been found to be national (h) Established Federal standard means
consensus standards or established any operative standard established by
Federal standards.
any agency of the United States and in
§ 1910.2 Definitions. effect on April 28, 1971, or contained in
any Act of Congress in force on the
As used in this part, unless the con-
date of enactment of the Williams-
text clearly requires otherwise:
(a) Act means the Williams-Steiger Steiger Occupational Safety and

Occupational Safety and Health Act of Health Act.
1970 (84 Stat. 1590).
101
§ 1910.3 Petitions for the issuance, and, in addition, may modify or revoke
amendment, or repeal of a stand- any standard in this part 1910. In the
ard. event of conflict among any such
(a) Any interested person may peti- standards, the Assistant Secretary of
tion in writing the Assistant Secretary Labor shall take the action necessary
of Labor to promulgate, modify, or re- to eliminate the conflict, including the
voke a standard. The petition should revocation or modification of a stand-
set forth the terms or the substance of ard in this part, so as to assure the
the rule desired, the effects thereof if greatest protection of the safety or
promulgated, and the reasons therefor. health of the affected employees.
(b)(1) The relevant legislative history
of the Act indicates congressional rec- § 1910.5 Applicability of standards.
ognition of the American National (a) Except as provided in paragraph
Standards Institute and the National (b) of this section, the standards con-
Fire Protection Association as the tained in this part shall apply with re-
major sources of national consensus spect to employments performed in a
standards. National consensus stand- workplace in a State, the District of
ards adopted on May 29, 1971, pursuant Columbia, the Commonwealth of Puer-
to section 6(a) of the Act are from
to Rico, the Virgin Islands, American
those two sources. However, any orga-
Samoa, Guam, Trust Territory of the
nization which deems itself a producer
Pacific Islands, Wake Island, Outer
of national consensus standards, within
Continental Shelf lands defined in the
the meaning of section 3(9) of the Act,
Outer Continental Shelf Lands Act,
is invited to submit in writing to the
Johnston Island, and the Canal Zone.
Assistant Secretary of Labor at any
time prior to February 1, 1973, all rel- (b) None of the standards in this part
evant information which may enable shall apply to working conditions of
the Assistant Secretary to determine employees with respect to which Fed-
whether any of its standards satisfy eral agencies other than the Depart-
the requirements of the definition of ment of Labor, or State agencies act-
‘‘national consensus standard’’ in sec- ing under section 274 of the Atomic En-
tion 3(9) of the Act. ergy Act of 1954, as amended (42 U.S.C.
(2) Within a reasonable time after the 2021), exercise statutory authority to
receipt of a submission pursuant to prescribe or enforce standards or regu-
paragraph (b)(1) of this section, the As- lations affecting occupational safety or
sistant Secretary of Labor shall pub- health.
lish or cause to be published in the (c)(1) If a particular standard is spe-
FEDERAL REGISTER a notice of such cifically applicable to a condition,
submission, and shall afford interested practice, means, method, operation, or
persons a reasonable opportunity to process, it shall prevail over any dif-
present written data, views, or argu- ferent general standard which might
ments with regard to the question 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
personal protective equipment for cer-
§ 1910.4 Amendments to this part. tain ship repairmen working in speci-
(a) The Assistant Secretary of Labor fied areas. Such a standard shall apply,
shall have all of the authority of the and shall not be deemed modified nor
Secretary of Labor under sections 3(9) superseded by any different general
and 6(a) of the Act. standard whose provisions might other-
(b) The Assistant Secretary of Labor wise be applicable, to the ship repair-
may at any time before April 28, 1973, men working in the areas specified in
on his own motion or upon the written § 1915.23(c)(3).
petition of any person, by rule promul- (2) On the other hand, any standard
gate as a standard any national con- shall apply according to its terms to
sensus standard and any established any employment and place of employ-
Federal standard, pursuant to and in ment in any industry, even though par-
accordance with section 6(a) of the Act, ticular standards are also prescribed
102
for the industry, as in subpart B or sub- of the Federal Register in accordance

part R of this part, to the extent that with 5 U.S.C. 552(a) and 1 CFR part 51.
none of such particular standards ap- (4) Copies of standards listed in this
plies. To illustrate, the general stand- section and issued by private standards
ard regarding noise exposure in § 1910.95 organizations are available for pur-
applies to employments and places of chase from the issuing organizations at
employment in pulp, paper, and paper- the addresses or through the other con-
board mills covered by § 1910.261. tact information listed below for these
(d) In the event a standard protects private standards organizations. In ad-
on its face a class of persons larger
dition, these standards are available
than employees, the standard shall be
for inspection at any Regional Office of
applicable under this part only to em-
the Occupational Safety and Health
ployees and their employment and
places of employment. Administration (OSHA), or at the
(e) [Reserved] OSHA Docket Office, U.S. Department
(f) An employer who is in compliance of Labor, 200 Constitution Avenue NW.,
with any standard in this part shall be Room N–2625, Washington, DC 20210;
deemed to be in compliance with the telephone: 202–693–2350 (TTY number:
requirement of section 5(a)(1) of the 877–889–5627). They are also available
Act, but only to the extent of the con- for inspection at the National Archives
dition, practice, means, method, oper- and Records Administration (NARA).
ation, or process covered by the stand- For information on the availability of
ard. these standards at NARA, telephone:
202–741–6030, or go to http://
FR 35308, June 30, 1993] www.archives.gov/federallregister/
codeloflfederallregulations/
§ 1910.6 Incorporation by reference. ibrllocations.html.
(a)(1) The standards of agencies of (b) The following material is avail-
the U.S. Government, and organiza- able for purchase from the American
tions which are not agencies of the Conference of Governmental Industrial
U.S. Government which are incor- Hygienists (ACGIH), 1014 Broadway,
porated by reference in this part, have Cincinnati OH 45202:
the same force and effect as other (1) ‘‘Industrial Ventilation: A Manual
standards in this part. Only the manda- of Recommended Practice’’ (22nd ed.,
tory provisions (i.e., provisions con- 1995), incorporation by reference (IBR)
taining the word ‘‘shall’’ or other man- approved for § 1910.124(b)(4)(iii).
datory language) of standards incor- (2) Threshold Limit Values and Bio-
porated by reference are adopted as logical Exposure Indices for 1986–87
standards under the Occupational Safe- (1986), IBR approved for § 1910.120, PEL
ty and Health Act. definition.
(2) Any changes in the standards in- (c) The following material is avail-
corporated by reference in this part able for purchase from the American
and an official historic file of such Society of Agricultural Engineers
changes are available for inspection in (ASAE), 2950 Niles Road, Post Office
the Docket Office at the national office Box 229, St. Joseph, MI 49085:
of the Occupational Safety and Health (1) ASAE Emblem for Identifying
Administration, U.S. Department of
Slow Moving Vehicles, ASAE S276.2
Labor, Washington, DC 20910; tele-
(1968), IBR approved for § 1910.145(d)(10).
phone: 202–693–2350 (TTY number: 877–
889–5627). (2) [Reserved]
(3) The materials listed in paragraphs (d) The following material is avail-
(b) through (w) of this section are in- able for purchase from the Agriculture
corporated by reference in the cor- Ammonia Institute-Rubber Manufac-
responding sections noted as they exist turers (AAI-RMA) Association, 1400 K
on the date of the approval, and a no- St. NW, Washington DC 20005:
tice of any change in these materials (1) AAI-RMA Specifications for An-
will be published in the FEDERAL REG- hydrous Ammonia Hose, IBR approved
ISTER. These incorporations by ref- for § 1910.111(b)(8)(i).
erence were approved by the Director (2) [Reserved]
103
(e) Except as noted, copies of the (16) ANSI B15.1–53 (R 58) Safety Code
standards listed below in this para- for Mechanical Power Transmission
graph are available for purchase from Apparatus, IBR approved for
the American National Standards In- §§ 1910.68(b)(4) and 1910.261 (a)(3)(ix),
stitute (ANSI), 25 West 43rd Street, 4th (b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv),
Floor, New York, NY 10036; telephone: (k)(12), and (l)(3).
212–642–4900; fax: 212–398–0023; Web site: (17) ANSI B20.1–57 Safety Code for
http://www.ansi.org. Conveyors, Cableways, and Related
(1)–(2) [Reserved] Equipment, IBR approved for
(3) ANSI A11.1–65 (R 70) Practice for §§ 1910.218(j)(3); 1910.261 (a)(3)(x), (b)(1),
Industrial Lighting, IBR approved for (c)(15)(iv), (f)(4), and (j)(2);
§§ 1910.219(c)(5)(iii); 1910.261 (a)(3)(i), 1910.265(c)(18)(i).
(c)(10), and (k)(21); and 1910.265(c)(2). (18) ANSI B30.2–43 (R 52) Safety Code
(4) ANSI A11.1–65 Practice for Indus- for Cranes, Derricks, and Hoists, IBR
trial Lighting, IBR approved for approved for § 1910.261 (a)(3)(xi),
§§ 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
(c)(2)(vi), and (c)(8) (i) and (iv).
(5) [Reserved]
(19) ANSI B30.2.0–67 Safety Code for
(6) ANSI A13.1–56 Scheme for the
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);
plements, A17.2a (1965), A17.2b (1967),
1910.104(b)(5)(ii); 1910.218 (d)(4) and
IBR approved for § 1910.261(a)(3)(viii).
(e)(1)(iv); and 1910.261 (a)(3)(xiv) and
(12) ANSI A90.1–69 Safety Standard
(g)(18)(iii).
for Manlifts, IBR approved for
§ 1910.68(b)(3). (26) ANSI B31.2–68 Fuel Gas Piping,
(13) ANSI A92.2–69 Standard for Vehi- IBR approved for § 1910.261(g)(18)(iii).
cle Mounted Elevating and Rotating (27) ANSI B31.3–66 Petroleum Refin-
Work Platforms, IBR approved for ery Piping, IBR approved for
§ 1910.67 (b)(1), (2), (c)(3), and (4) and § 1910.103(b)(3)(v)(b).
1910.268(s)(1)(v). (28) ANSI B31.5–66 Addenda B31.5a
(14) ANSI A120.1–70 Safety Code for (1968) Refrigeration Piping, IB ap-
Powered Platforms for Exterior Build- proved for §§ 1910.103(b)(3)(v)(b) and
ing Maintenance, IBR approved for 1910.111(b)(7)(iii).
§ 1910.66 app. D (b) through (d). (29) ANSI B56.1–69 Safety Standard
(15) ANSI B7.1–70 Safety Code for the for Powered Industrial Trucks, IBR ap-
Use, Care and Protection of Abrasive proved for §§ 1910.178(a) (2) and (3) and
Wheels, IBR approved for 1910.261 (a)(3)(xv), (b)(6), (m)(2), and
§§ 1910.215(b)(12) and 1910.218(j). (m)(5)(iii).
104
(30) ANSI B57.1–65 Compressed Gas (49) ANSI Z9.1–51 Safety Code for
Cylinder Valve Outlet and Inlet Con- Ventilation and Operation of Open Sur-
nections, IBR approved for face Tanks, IBR approved for
§ 1910.253(b)(1)(iii). 1910.261(a)(3)(xix), (g)(18)(v), and
(31) [Reserved] (h)(2)(i).
(32) ANSI B175.1–1991, Safety Require- (50) ANSI Z9.1–71 Practices for Ven-
ments for Gasoline-Powered Chain tilation and Operation of Open-Surface
Saws 1910.266(e)(2)(i). Tanks, IBR approved for
(33) [Reserved] § 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-
ments for the Storage and Handling of (55) ANSI Z21.30–64 Requirements for
Anhydrous Ammonia, IBR approved for Gas Appliances and Gas Piping Instal-
§ 1910.111(b)(11)(i). lations, IBR approved for
(42) ANSI K61.1–66 Safety Require- § 1910.265(c)(15).
ments for the Storage and Handling of (56) ANSI Z24.22–57 Method of Meas-
Anhydrous Ammonia, IBR approved for urement of Real-Ear Attenuation of
§ 1910.111(b)(11)(i). Ear Protectors at Threshold, IBR ap-
(43) ANSI O1.1–54 (R 61) Safety Code proved for § 1910.261(a)(3)(xxii).
for Woodworking Machinery, IBR ap- (57) ANSI Z33.1–61 Installation of
proved for § 1910.261 (a)(3)(xvii), (e)(7), Blower and Exhaust Systems for Dust,
and (i)(2). Stock, and Vapor Removal or Con-
(44) ANSI S1.4–71 (R 76) Specification veying, IBR approved for
for Sound Level Meters, IBR approved §§ 1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii)
for § 1910.95 appendixes D and I. and (f)(5); and 1910.265(c)(20)(i).
(45) ANSI S1.11–71 (R 76) Specification (58) ANSI Z33.1–66 Installation of
for Octave, Half-Octave and Third-Oc- Blower and Exhaust Systems for Dust,
tave Band Filter Sets, IBR approved Stock, and Vapor Removal or Con-
for § 1910.95 appendix D. veying, IBR approved for
(46) ANSI S3.6–69 Specifications for § 1910.94(a)(2)(ii).
Audiometers, IBR approved for (59) ANSI Z35.1–1968, Specifications
§ 1910.95(h)(2) and (5)(ii) and appendix D. for Accident Prevention Signs; IBR ap-
(47) ANSI Z4.1–68 Requirements for proved for § 1910.261(c). Copies available
Sanitation in Places of Employment, for purchase from the IHS Standards
IBR approved for § 1910.261 (a)(3)(xviii) Store, 15 Inverness Way East, Engle-
and (g)(15)(vi). wood, CO 80112; telephone: 1–877–413–
(48) [Reserved] 5184; Web site: www.global.ihs.com.
105
(60) ANSI Z41–1999, American Na- (ii) IHS Standards Store, 15 Inverness
tional Standard for Personal Protec- Way East, Englewood, CO 80112; tele-
tion—Protective Footwear; IBR ap- phone: 877–413–5184; Web site:
proved for § 1910.136(b)(1)(ii). Copies of www.global.ihs.com; or
ANSI Z41–1999 are available for pur- (iii) TechStreet Store, 3916 Ranchero
chase only from the National Safety Dr., Ann Arbor, MI 48108; telephone:
Council, P.O. Box 558, Itasca, IL 60143– 877–699–9277; Web site:
0558; telephone: 1–800–621–7619; fax: 708– www.techstreet.com.
285–0797; Web site: http://www.nsc.org. (68) ANSI Z54.1–63 Safety Standard
(61) ANSI Z41–1991, American Na- for Non-Medical X-Ray and Sealed
tional Standard for Personal Protec- Gamma Ray Sources, IBR approved for
tion—Protective Footwear; IBR ap- § 1910.252(d) (1)(vii) and (2)(ii).
proved for § 1910.136(b)(1)(iii). Copies of (69) ANSI/ISEA Z87.1–2010, Occupa-
ANSI Z41–1991 are available for pur- tional and Educational Personal Eye
chase only from the National Safety and Face Protection Devices, Approved
Council, P.O. Box 558, Itasca, IL 60143– April 13, 2010; IBR approved for
0558; telephone: 1–800–621–7619; fax: 708– § 1910.133(b). Copies are available for
285–0797; Web site: http://www.nsc.org. purchase from:
(62)–(63) [Reserved] (i) American National Standards In-
(64) ANSI Z49.1–67 Safety in Welding stitute’s e-Standards Store, 25 W 43rd
and Cutting, IBR approved for Street, 4th Floor, New York, NY 10036;
§ 1910.252(c)(1)(iv) (A) and (B). telephone: (212) 642–4980; Web site:
(65) USAS Z53.1–1967 (also referred to http://webstore.ansi.org/;
as ANSI Z53.1–1967), Safety Color Code (ii) IHS Standards Store, 15 Inverness
for Marking Physical Hazards, ANSI Way East, Englewood, CO 80112; tele-
approved October 9, 1967; IBR approved phone: (877) 413–5184; Web site: http://
for § 1910.97(a) and 1910.145(d). Copies global.ihs.com; or
available for purchase from the IHS (iii) TechStreet Store, 3916 Ranchero
Standards Store, 15 Inverness Way Dr., Ann Arbor, MI 48108; telephone:
East, Englewood, CO 80112; telephone: (877) 699–9277; Web site: http://
1–877–413–5184; Web site: techstreet.com.
www.global.ihs.com. (70) ANSI Z87.1–2003, Occupational
(66) ANSI Z535.1–2006 (R2011), Safety and Educational Eye and Face Per-
Colors, reaffirmed July 19, 2011; IBR ap- sonal Protection Devices Approved
proved for §§ 1910.97(a) and 1910.145(d). June 19, 2003; IBR approved for
Copies available for purchase from the: §§ 1910.133(b). Copies available for pur-
(i) American National Standards In- chase from the:
stitute’s e-Standards Store, 25 W 43rd (i) American National Standards In-
Street, 4th Floor, New York, NY 10036; stitute’s e-Standards Store, 25 W 43rd
telephone: 212–642–4980; Web site: http:// Street, 4th Floor, New York, NY 10036;
webstore.ansi.org/; telephone: (212) 642–4980; Web site:
(ii) IHS Standards Store, 15 Inverness http://webstore.ansi.org/;
Way East, Englewood, CO 80112; tele- (ii) IHS Standards Store, 15 Inverness
phone: 877–413–5184; Web site: Way East, Englewood, CO 80112; tele-
www.global.ihs.com; or phone: (877) 413–5184; Web site: http://
(iii) TechStreet Store, 3916 Ranchero global.ihs.com; or
Dr., Ann Arbor, MI 48108; telephone: (iii) TechStreet Store, 3916 Ranchero
877–699–9277; Web site: Dr., Ann Arbor, MI 48108; telephone:
www.techstreet.com. (877) 699–9277; Web site: http://
(67) ANSI Z535.2–2011, Environmental techstreet.com.
and Facility Safety Signs, published (71) ANSI Z87.1–1989 (R–1998), Practice
September 15, 2011; IBR approved for for Occupational and Educational Eye
§ 1910.261(c). Copies available for pur- and Face Protection, Reaffirmation ap-
chase from the: proved January 4, 1999; IBR approved
(i) American National Standards In- for § 1910.133(b). Copies are available for
stitute’s e-Standards Store, 25 W 43rd purchase from:
Street, 4th Floor, New York, NY 10036; (i) American National Standards In-
telephone: 212–642–4980; Web site: http:// stitute’s e-Standards Store, 25 W 43rd
webstore.ansi.org/; Street, 4th Floor, New York, NY 10036;
106
telephone: (212) 642–4980; Web site: (78) ANSI Z89.1–1969 Safety Require-
http://webstore.ansi.org/; ments for Industrial Head Protection;
(ii) IHS Standards Store, 15 Inverness IBR approved for § 1910.261(a)(3)(xxvii),
Way East, Englewood, CO 80112; tele- (b)(2), (g)(15)(v), and (i)(4).
phone: (877) 413–5184; Web site: http:// (79) ANSI Z89.2–1971 Safety Require-
global.ihs.com; or ments for Industrial Protective Hel-
(iii) TechStreet Store, 3916 Ranchero mets for Electrical Workers, Class B;
Dr., Ann Arbor, MI 48108; telephone: IBR approved for § 1910.268(i)(1).
(877) 699–9277; Web site: http:// (f) The following material is avail-
techstreet.com. able for purchase from the American
(72) ANSI Z88.2–1969, Practices for Petroleum Institute (API), 1220 L
Respiratory Protection; IBR approved Street NW, Washington DC 20005:
for §§ 1910.94(c)(6)(iii)(a), 1910.134(c); and (1) [Reserved]
1910.261(a)(3)(xxvi), (b)(2), (f)(5), (2) API 12B (May 1958) Specification
(g)(15)(v), (h)(2)(iii), (h)(2)(iv), and (i)(4). for Bolted Production Tanks, 11th Ed.,
With Supplement No. 1, Mar. 1962, IBR
(73) American National Standards In-
approved for § 1910.106(b)(1)(i)(a)(3).
stitute (ANSI) Z89.1–2009, American Na-
(3) API 12D (Aug. 1957) Specification
tional Standard for Industrial Head
for Large Welded Production Tanks,
Protection, approved January 26, 2009;
7th Ed., IBR approved for
IBR approved for § 1910.135(b)(1)(i). Cop-
§ 1910.106(b)(1)(i)(a)(3).
ies of ANSI Z89.1–2009 are available for
(4) API 12F (Mar. 1961) Specification
purchase only from the International
for Small Welded Production Tanks,
Safety Equipment Association, 1901
5th Ed., IBR approved for
North Moore Street, Arlington, VA § 1910.106(b)(1)(i)(a)(3).
22209–1762; telephone: 703–525–1695; fax: (5) API 620, Fourth Ed. (1970) Includ-
703–528–2148; Web site: ing appendix R, Recommended Rules
www.safetyequipment.org. for Design and Construction of Large
(74) American National Standards In- Welded Low Pressure Storage Tanks,
stitute (ANSI) Z89.1–2003, American Na- IBR approved for §§ 1910.103(c)(1)(i)(a);
tional Standard for Industrial Head 1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1)
Protection; IBR approved for (ii) and (iii).
§ 1910.135(b)(1)(ii). Copies of ANSI Z89.1– (6) API 650 (1966) Welded Steel Tanks
2003 are available for purchase only for Oil Storage, 3rd Ed., IBR approved
from the International Safety Equip- for § 1910.106(b)(1)(iii)(a)(2).
ment Association, 1901 North Moore (7) API 1104 (1968) Standard for Weld-
Street, Arlington, VA 22209–1762; tele- ing Pipelines and Related Facilities,
phone: 703–525–1695; fax: 703–528–2148; IBR approved for § 1910.252(d)(1)(v).
Web site: www.safetyequipment.org. (8) API 2000 (1968) Venting Atmos-
(75) American National Standards In- pheric and Low Pressure Storage
stitute (ANSI) Z89.1–1997, American Na- Tanks, IBR approved for
tional Standard for Personnel Protec- § 1910.106(b)(2)(iv)(b)(1).
tion—Protective Headwear for Indus- (9) API 2201 (1963) Welding or Hot
trial Workers—Requirements; IBR ap- Tapping on Equipment Containing
proved for § 1910.135(b)(1)(iii). Copies of Flammables, IBR approved for
ANSI Z89.1–1997 are available for pur- § 1910.252(d)(1)(vi).
chase only from the International Safe- (g) The following material is avail-
ty Equipment Association, 1901 North able for purchase from the American
Moore Street, Arlington, VA 22209–1762; Society of Mechanical Engineers
telephone: 703–525–1695; fax: 703–528– (ASME), United Engineering Center,
2148; Web site: www.safetyequipment.org. 345 East 47th Street, New York, NY
(76) ANSI Z41.1–1967 Men’s Safety Toe 10017:
Footwear; IBR approved for (1) ASME Boiler and Pressure Vessel
§ 1910.261(i)(4). Code, Sec. VIII, 1949, 1950, 1952, 1956,
(77) ANSI Z87.1–1968 Practice of Occu- 1959, and 1962 Ed., IBR approved for
pational and Educational Eye and Face §§ 1910.110 (b)(10)(iii) (Table H–26), (d)(2)
Protection; IBR approved for (Table H–31); (e)(3)(i) (Table H–32),

§ 1910.261(a)(3)(xxv), (d)(1)(ii), (f)(5), (h)(2) (Table H–34); and
(g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4). 1910.111(b)(2)(vi);
107
(2) ASME Code for Pressure Vessels, (6) ASTM B 88–66A, Seamless Copper
1968 Ed., IBR approved for Water Tube, IBR approved for § 1910.252.
§§ 1910.106(i)(3)(i); 1910.110(g)(2)(iii)(b)(2); (7) ASTM B 88–69, Seamless Copper
and 1910.217(b)(12); Water Tube, IBR approved for § 1910.110.
(3) ASME Boiler and Pressure Vessel (8) ASTM B 117–64, Salt Spray (Fog)
Code, Sec. VIII, 1968, IBR approved for Test, IBR approved for § 1910.268.
§§ 1910.103; 1910.104(b)(4)(ii); 1910.106 (9) ASTM B 210–68, Aluminum-Alloy
(b)(1)(iv)(b)(2) and (i)(3)(ii); 1910.107; Drawn Seamless Tubes, IBR approved
1910.110(b)(11) (i)(b) and (iii)(a)(1); for § 1910.110.
1910.111(b)(2) (i), (ii), and (iv); and (10) ASTM B 241–69, Standard Speci-
1910.169(a)(2) (i) and (ii); fications for Aluminum-Alloy Seamless
(4) ASME Boiler and Pressure Vessel Pipe and Seamless Extruded Tube, IBR
Code, Sec. VIII, Paragraph UG–84, 1968, approved for § 1910.110.
IBR approved for § 1910.104 (b)(4)(ii) and (11) ASTM D 5–65, Test for Penetra-
(b)(5)(iii); tion by Bituminous Materials, IBR ap-
(5) ASME Boiler and Pressure Vessel proved for § 1910.106.
Code, Sec. VIII, Unfired Pressure Ves- (12) ASTM D 56–70, Test for Flash
sels, Including Addenda (1969), IBR ap- Point by Tag Closed Tester, IBR ap-
proved for §§ 1910.261; 1910.262; proved for § 1910.106.
1910.263(i)(24)(ii); (13) ASTM D 56–05, Standard Test
(6) Code for Unfired Pressure Vessels Method for Flash Point by Tag Closed
for Petroleum Liquids and Gases of the Cup Tester, Approved May 1, 2005, IBR
API and the ASME, 1951 Ed., IBR ap- approved for Appendix B to § 1910.1200.
proved for § 1910.110(b)(3)(iii); and (14) ASTM D 86–62, Test for Distilla-
tion of Petroleum Products, IBR ap-
(7) ASME B56.6–1992 (with addenda),
proved for §§ 1910.106 and 1910.119.
Safety Standard for Rough Terrain
(15) ASTM D 86–07a, Standard Test
Forklift Trucks, IBR approved for
Method for Distillation of Petroleum
§ 1910.266(f)(4).
Products at Atmospheric Pressure, Ap-
(h) Copies of the standards listed proved April 1, 2007, IBR approved for
below in this paragraph (h) are avail- Appendix B to § 1910.1200.
able for purchase from ASTM Inter- (16) ASTM D 88–56, Test for Saybolt
national, 100 Barr Harbor Drive, P.O. Viscosity, IBR approved for § 1910.106.
Box C700, West Conshohocken, PA (17) ASTM D 93–71, Test for Flash
19428–2959; Telephone: 610–832–9585; Fax: Point by Pensky Martens, IBR ap-
610–832–9555; Email: seviceastm.org; Web proved for § 1910.106.
site: http://www.astm.org. Copies of his- (18) ASTM D 93–08, Standard Test
torical standards or standards that Methods for Flash Point by Pensky-
ASTM does not have may be purchased Martens Closed Cup Tester, Approved
from Information Handling Services, Oct. 15, 2008, IBR approved for Appen-
Global Engineering Documents, 15 In- dix B to § 1910.1200.
verness Way East, Englewood, CO 80112; (19) ASTM D 240–02 (Reapproved 2007),
Telephone: 1–800–854–7179; Email: Standard Test Method for Heat of Com-
global@ihs.com; Web sites: http://glob- bustion of Liquid Hydrocarbon Fuels
al.ihs.com or http://www.store.ihs.com. by Bomb Calorimeter, Approved May 1,
(1) ASTM A 47–68, Malleable Iron 2007, IBR approved for Appendix B to
Castings, IBR approved for § 1910.111. § 1910.1200.
(2) ASTM A 53–69, Welded and Seam- (20) ASTM D 323–68, Standard Test
less Steel Pipe, IBR approved for Method of Test for Vapor Pressure of
§§ 1910.110 and 1910.111. Petroleum Products (Reid Method),
(3) ASTM A 126–66, Gray Iron Casting IBR approved for § 1910.106.
for Valves, Flanges and Pipe Fitting, (21) ASTM D 445–65, Test for Vis-
IBR approved for § 1910.111. cosity of Transparent and Opaque Liq-
(4) ASTM A 391–65 (ANSI G61.1–1968), uids, IBR approved for § 1910.106.
Alloy Steel Chain, IBR approved for (22) ASTM D 1078–05, Standard Test
§ 1910.184. Method for Distillation Range of Vola-
(5) ASTM A 395–68, Ductile Iron for tile Organic Liquids, Approved May 15,
Use at Elevated Temperatures, IBR ap- 2005, IBR approved for Appendix B to
proved for § 1910.111. § 1910.1200.
108
(23) ASTM D 1692–68, Test for Flam- (k) The following material is avail-
mability of Plastic Sheeting and Cel- able for purchase from the Compressed
lular Plastics, IBR approved for Gas Association (CGA), 1235 Jefferson
§ 1910.103. Davis Highway, Arlington, VA 22202:
(24) ASTM D 2161–66, Conversion Ta- (1) CGA C–6 (1968) Standards for Vis-
bles for SUS, IBR approved for ual Inspection of Compressed Gas Cyl-
§ 1910.106. inders, IBR approved for § 1910.101(a).
(25) ASTM D 3278–96 (Reapproved (2) CGA C–8 (1962) Standard for Re-
2004) E1, Standard Test Methods for qualification of ICC–3HT Cylinders,
Flash Point of Liquids by Small Scale IBR approved for § 1910.101(a).
Closed-Cup Apparatus, Approved No- (3) CGA G–1–2009 Acetylene, Twelfth
vember 1, 2004, IBR approved for Ap- Edition, IBR approved for § 1910.102(a).
pendix B to § 1910.1200. Copies of CGA Pamphlet G–1–2009 are
(26) ASTM D 3828–07a, Standard Test available for purchase from the: Com-
Methods for Flash Point by Small pressed Gas Association, Inc., 4221
Scale Closed Cup Tester, Approved Walney Road, 5th Floor, Chantilly, VA
July 15, 2007, IBR approved for Appen- 20151; telephone: (703) 788–2700; fax: (703)
dix B to § 1910.1200. 961–1831; email: cga@cganet.com.
(27) ASTM F–2412–2005, Standard Test (4) CGA G–7.1 (1966) Commodity Spec-
Methods for Foot Protection, IBR ap- ification, IBR approved for
proved for § 1910.136. § 1910.134(d)(1).
(28) ASTM F–2413–2005, Standard (5) CGA G–8.1 (1964) Standard for the
Specification for Performance Require- Installation of Nitrous Oxide Systems
ments for Protective Footwear, IBR at Consumer Sites, IBR approved for
approved for § 1910.136. § 1910.105.
(i) The following material is avail- (6) CGA P–1 (1965) Safe Handling of
able for purchase from the American Compressed Gases, IBR approved for
Welding Society (AWS), 550 NW, § 1910.101(b).
LeJeune Road, P.O. Box 351040, Miami (7) CGA P–3 (1963) Specifications,
FL 33135: Properties, and Recommendations for
Packaging, Transportation, Storage
(1)–(2) [Reserved]
and Use of Ammonium Nitrate, IBR ap-
(3) AWS B3.0–41 Standard Qualifica-
proved for § 1910.109(i)(1)(ii)(b).
tion Procedure, IBR approved for
(8) CGA S–1.1 (1963) and 1965 Addenda.
§ 1910.67(c)(5)(i).
Safety Release Device Standards—Cyl-
(4) AWS D1.0–1966 Code for Welding in inders for Compressed Gases, IBR ap-
Building Construction, IBR approved proved for §§ 1910.101(c);
for § 1910.27(b)(6). 1910.103(c)(1)(iv)(a)(2).
(5) AWS D2.0–69 Specifications for (9) CGA S–1.2 (1963) Safety Release
Welding Highway and Railway Bridges, Device Standards, Cargo and Portable
IBR approved for § 1910.67(c)(5)(iv). Tanks for Compressed Gases, IBR ap-
(6) AWS D8.4–61 Recommended Prac- proved for §§ 1910.101(c);
tices for Automotive Welding Design, 1910.103(c)(1)(iv)(a)(2).
IBR approved for § 1910.67(c)(5)(ii). (10) CGA S–1.3 (1959) Safety Release
(7) AWS D10.9–69 Standard Qualifica- Device Standards-Compressed Gas
tion of Welding Procedures and Weld- Storage Containers, IBR approved for
ers for Piping and Tubing, IBR ap- §§ 1910.103(c)(1)(iv)(a)(2);
proved for § 1910.67(c)(5)(iii). 1910.104(b)(6)(iii); and
(j) The following material is avail- 1910.111(d)(4)(ii)(b).
able for purchase from the Department (11) CGA 1957 Standard Hose Connec-
of Commerce: tion Standard, IBR approved for
(1) Commercial Standard, CS 202–56 § 1910.253(e) (4)(v) and (5)(iii).
(1961) ‘‘Industrial Lifts and Hinged (12) CGA and RMA (Rubber Manufac-
Loading Ramps,’’ IBR approved for turer’s Association) Specification for
§ 1910.30(a)(3). Rubber Welding Hose (1958), IBR ap-
(2) Publication ‘‘Model Performance proved for § 1910.253(e)(5)(i).
Criteria for Structural Fire Fighters’ (13) CGA 1958 Regulator Connection
Helmets,’’ IBR approved for Standard, IBR approved for § 1910.253(e)
§ 1910.156(e)(5)(i). (4)(iv) and (6).
109
(l) The following material is avail- bustible Material, IBR approved for
able for purchase from the Crane Man- § 1910.94(c)(2).
ufacturer’s Association of America, (4) NFPA 34–1966 Standard for Dip
Inc. (CMAA), 1 Thomas Circle NW, Tanks Containing Flammable or Com-
Washington DC 20005: bustible Liquids, IBR approved for
(1) CMAA Specification 1B61, Speci- § 1910.124(b)(4)(iv).
fications for Electric Overhead Trav- (5) NFPA 34–1995 Standard for Dip
eling Cranes, IBR approved for Tanks Containing Flammable or Com-
§ 1910.179(b)(6)(i). bustible Liquids, IBR approved for
(2) [Reserved] § 1910.124(b)(4)(ii).
(m) The following material is avail- (6) NFPA 35–1970 Standard for the
able for purchase from the General Manufacture of Organic Coatings, IBR
Services Administration: approved for § 1910.106(j)(6)(ii).
(1) GSA Pub. GG-B–0067b, Air Com- (7) NFPA 36–1967 Standard for Sol-
pressed for Breathing Purposes, or In- vent Extraction Plants, IBR approved
terim Federal Specifications, Apr. 1965, for § 1910.106(j)(6)(iii).
IBR approved for § 1910.134(d)(4). (8) NFPA 37–1970 Standard for the In-
(2) [Reserved] stallation and Use of Stationary Com-
(n) The following material is avail- bustion Engines and Gas Turbines, IBR
able for purchase from the Department approved for §§ 1910.106(j)(6)(iv) and
of Health and Human Services: 1910.110 (b)(20)(iv)(c) and (e)(11).
(1) Publication No. 76–120 (1975), List (9) NFPA 51B–1962 Standard for Fire
of Personal Hearing Protectors and At- Protection in Use of Cutting and Weld-
tenuation Data, IBR approved for ing Processes, IBR approved for
§ 1910.95 App. B. § 1910.252(a)(1) introductory text.
(2) [Reserved] (10) NFPA 54–1969 Standard for the
(o) The following material is avail- Installation of Gas Appliances and Gas
able for purchase from the Institute of Piping, IBR approved for
Makers of Explosives (IME), 420 Lex- § 1910.110(b)(20)(iv)(a).
ington Avenue, New York, NY 10017: (11) NFPA 54A–1969 Standard for the
(1) IME Pamphlet No. 17, 1960, Safety Installation of Gas Piping and Gas
in the Handling and Use of Explosives, Equipment on Industrial Premises and
IBR approved for §§ 1910.261 (a)(4)(iii) Certain Other Premises, IBR approved
and (c)(14)(ii). for § 1910.110(b)(20)(iv)(b).
(2) [Reserved] (12) NFPA 58–1969 Standard for the
(p) The following material is avail- Storage and Handling of Liquefied Pe-
able for purchase from the National troleum Gases (ANSI Z106.1–1970), IBR
Electrical Manufacturer’s Association approved for §§ 1910.110 (b)(3)(iv) and
(NEMA): (i)(3) (i) and (ii); and 1910.178(f)(2).
(1) NEMA EW–1 (1962) Requirements (13) NFPA 59–1968 Standard for the
for Electric Arc Welding Apparatus, Storage and Handling of Liquefied Pe-
IBR approved for §§ 1910.254(b)(1). troleum Gases at Utility Gas Plants,
(2) [Reserved] IBR approved for §§ 1910.110 (b)(3)(iv)
(q) The following material is avail- and (i)(2)(iv).
able for purchase from the National (14) NFPA 62–1967 Standard for the
Fire Protection Association (NFPA), 1 Prevention of Dust Explosions in the
Batterymarch Park, Quincy, MA 02269; Production, Packaging, and Handling
Telephone: 800–344–3555 or 617–770–3000; of Pulverized Sugar and Cocoa, IBR ap-
Fax: 1–800–593–6372 or 1–508–895–8301; proved for § 1910.263(k)(2)(i).
Email: custserv@nfpa.org; Web site: (15) NFPA 68–1954 Guide for Explosion
http://www.nfpa.org. Venting, IBR approved for
(1) NFPA 30 (1969) Flammable and § 1910.94(a)(2)(iii).
Combustible Liquids Code, IBR ap- (16) [Reserved]
proved for § 1910.178(f)(1). (17) NFPA 78–1968 Lightning Protec-
(2) NFPA 32–1970 Standard for Dry tion Code, IBR approved for
Cleaning Plants, IBR approved for § 1910.109(i)(6)(ii).
§ 1910.106(j)(6)(i). (18) NFPA 80–1968 Standard for Fire

(3) NFPA 33–1969 Standard for Spray Doors and Windows, IBR approved for
Finishing Using Flammable and Com- § 1910.106(d)(4)(i).
110
(19) NFPA 80–1970 Standard for the at Consumer Sites, IBR approved for
Installation of Fire Doors and Win- §§ 1910.253 (b)(4)(iv) and (c)(2)(v).
dows, IBR approved for (33) NFPA 656–1959 Code for the Pre-
§ 1910.253(f)(6)(i)(I). vention of Dust Ignition in Spice
(20) NFPA 86A–1969 Standard for Oven Grinding Plants, IBR approved for
and Furnaces Design, Location and § 1910.263(k)(2)(i).
Equipment, IBR approved for §§ 1910.107 (34) NFPA 1971–1975 Protective Cloth-
(j)(1) and (l)(3) and 1910.108 (b)(2) and ing for Structural Fire Fighting, IBR
(d)(2). approved for § 1910.156(e)(3)(ii) introduc-
(21) NFPA 91–1961 Standard for the tory text.
Installation of Blower and Exhaust (35) NFPA 51A (2001) Standard for
Systems for Dust, Stock, and Vapor Acetylene Cylinder Charging Plants,
Removal or Conveying (ANSI Z33.1–61),
IBR approved for § 1910.102(b) and (c).
IBR approved for § 1910.107(d)(1).
Copies of NFPA 51A–2001 are available
(22) NFPA 91–1969 Standards for
for purchase from the: National Fire
Blower and Exhaust Systems, IBR ap-
Protection Association, 1
proved for § 1910.108(b)(1).
Batterymarch Park, Quincy, MA 02169–
(23) NFPA 96–1970 Standard for the
Installation of Equipment for the Re- 7471; telephone: 1–800–344–35557; e-mail:
moval of Smoke and Grease Laden Va- custserv@nfpa.org.
pors from Commercial Cooking Equip- (36) NFPA 51A (2006) Standard for
ment, IBR approved for Acetylene Cylinder Charging Plants,
§ 1910.110(b)(20)(iv)(d). IBR approved for § 1910.102(b) and (c).
(24) NFPA 101–1970 Code for Life Safe- Copies of NFPA 51A–2006 are available
ty From Fire in Buildings and Struc- for purchase from the: National Fire
tures, IBR approved for Protection Association, 1
§ 1910.261(a)(4)(ii). Batterymarch Park, Quincy, MA 02169–
(25) NFPA 101–2009, Life Safety Code, 7471; telephone: 1–800–344–35557; e-mail:
2009 edition, IBR approved for §§ 1910.34, custserv@nfpa.org.
1910.35, 1910.36, and 1910.37. (37) NFPA 30B, Code for the Manufac-
(26) NFPA 203M–1970 Manual on Roof ture and Storage of Aerosol Products,
Coverings, IBR approved for 2007 Edition, Approved August 17, 2006,
§ 1910.109(i)(1)(iii)(c). IBR approved for Appendix B to
(27) NFPA 251–1969 Standard Methods § 1910.1200.
of Fire Tests of Building Construction (r) The following material is avail-
and Materials, IBR approved for able for purchase from the National
§§ 1910.106 (d)(3)(ii) introductory text Food Plant Institute, 1700 K St. NW.,
and (d)(4)(i). Washington, DC 20006:
(28) NFPA 302–1968 Fire Protection (1) Definition and Test Procedures for
Standard for Motor-Craft (Pleasure and Ammonium Nitrate Fertilizer (Nov.
Commercial), IBR approved for 1964), IBR approved for § 1910.109 Table
§ 1910.265(d)(2)(iv) introductory text. H–22, ftn. 3.
(29) NFPA 385–1966 Recommended (2) [Reserved]
Regulatory Standard for Tank Vehicles
(s) The following material is avail-
for Flammable and Combustible Liq-
able for purchase from the National In-
uids, IBR approved for
§ 1910.106(g)(1)(i)(e)(1). stitute for Occupational Safety and
(30) NFPA 496–1967 Standard for Health (NIOSH):
Purged Enclosures for Electrical (1) Registry of Toxic Effects of Chem-
Equipment in Hazardous Locations, ical Substances, 1978, IBR approved for
IBR approved for § 1910.20(c)(13)(i) and appendix B.
§ 1910.103(c)(1)(ix)(e)(1). (2) Development of Criteria for Fire
(31) NFPA 505–1969 Standard for Type Fighters Gloves; Vol. II, part II; Test
Designations, Areas of Use, Mainte- Methods, 1976, IBR approved for
nance, and Operation of Powered Indus- § 1910.156(e)(4)(i) introductory text.
trial Trucks, IBR approved for (3) NIOSH Recommendations for Oc-
§ 1910.110(e)(2)(iv). cupational Safety and Health Stand-

(32) NFPA 566–1965 Standard for the ards (Sept. 1987), IBR approved for
Installation of Bulk Oxygen Systems § 1910.120 PEL definition.
111
(t) The following material is avail- (2) UL 80–63 Steel Inside Tanks for
able for purchase from the Public Oil-Burner Fuel, IBR approved for
Health Service: § 1910.106(b)(1)(iii)(a)(1).
(1) U.S. Pharmacopeia, IBR approved (3) UL 142–68 Steel Above Ground
for § 1910.134(d)(1). Tanks for Flammable and Combustible
(2) Publication No. 934 (1962), Food Liquids, IBR approved for
Service Sanitation Ordinance and § 1910.106(b)(1)(iii)(a)(1).
Code, part V of the Food Service Sani- (x) The following material is avail-
tation Manual, IBR approved for able for purchase from the: Inter-
§ 1910.142(i)(1). national Code Council, Chicago Dis-
(u) The following material is avail- trict Office, 4051 W. Flossmoor Rd.,
able for purchase from the Society of Country Club Hills, IL 60478; telephone:
708–799–2300, x3–3801; facsimile: 001–708–
Automotive Engineers (SAE), 485 Lex-
799–4981; e-mail: order@iccsafe.org.
ington Avenue, New York, NY 10017:
(1) IFC–2009, International Fire Code,
(1) SAE J185, June 1988, Rec- copyright 2009, IBR approved for
ommended Practice for Access Systems §§ 1910.34, 1910.35, 1910.36, and 1910.37.
for Off-Road Machines, IBR approved (2) [Reserved]
for § 1910.266(f)(5)(i). (y)(1) The following materials are
(2) SAE J231, January 1981, Minimum available for purchase from the Inter-
Performance Criteria for Falling Ob- national Standards Organization (ISO)
ject Protective Structure (FOPS), IBR through ANSI, 25 West 43rd Street,
approved for § 1910.266(f)(3)(ii). Fourth Floor, New York, NY 10036–7417;
(3) SAE J386, June 1985, Operator Re- Telephone: 212–642–4980; Fax: 212–302–
straint Systems for Off-Road Work Ma- 1286; Email: info@ansi.org; Web site:
chines, IBR approved for http://www.ansi.org.
§ 1910.266(d)(3)(iv). (2) Documents not available in the
(4) SAE J397, April 1988, Deflection ANSI store may be purchased from:
Limiting Volume-ROPS/FOPS Labora- (i) Document Center Inc., 111 Indus-
tory Evaluation, IBR approved for trial Road, Suite 9, Belmont, 94002;
§ 1910.266(f)(3)(iv). Telephone: 650–591–7600; Fax: 650–591–
(5) SAE 765 (1961) SAE Recommended 7617; Email: info@document-center.com;
Practice: Crane Loading Stability Test Web site: www.document-center.com.
Code, IBR approved for § 1910.180 (ii) DECO—Document Engineering
(c)(1)(iii) and (e)(2)(iii)(a). Co., Inc., 15210 Stagg Street, Van Nuys,
(6) SAE J1040, April 1988, Perform- CA 91405; Telephone: 800–645–7732 or 818–
ance Criteria for Rollover Protective 782–1010; Fax: 818–782–2374; Email:
Structures (ROPS) for Construction, doceng@doceng.com; Web site:
Earthmoving, Forestry and Mining Ma- www.doceng.com
chines, IBR approved for (iii) Global Engineering Documents,
§ 1910.266(f)(3)(ii). 15 Inverness Way East, Englewood, CO
80112; Telephone: 1–800–854–7179 or 303–
(v) The following material is avail-
397–7956; Fax: 303–397–2740; Email:
able for purchase from the Fertilizer
global@ihs.com; Web sites: http://glob-
Institute, 1015 18th Street NW, Wash-
al.ihs.com or http://www.store.ihs.com;
ington, DC 20036:
(iv) ILI Infodisk, Inc., 610 Winters Av-
(1) Standard M–1 (1953, 1955, 1957, 1960, enue, Paramus, NJ 07652; Telephone:
1961, 1963, 1965, 1966, 1967, 1968), Super- 201–986–1131; Fax: 201–986–7886; Email:
seded by ANSI K61.1–1972, IBR approved sales@ili-info.com; Web site: www.ili-
for § 1910.111(b)(1) (i) and (iii). info.com.
(2) [Reserved] (v) Techstreet, a business of Thomson
(w) The following material is avail- Reuters, 3916 Ranchero Drive, Ann
able for purchase from Underwriters Arbor, MI 48108; Telephone: 800–699–9277
Laboratories (UL), 207 East Ohio or 734–780–8000; Fax: 734–780–2046; Email:
Street, Chicago, IL 60611: techstreet.service@thomsonreuters.com;
(1) UL 58–61 Steel Underground Tanks Web site: www.Techstreet.com.
for Flammable and Combustible Liq- (3) ISO 10156:1996 (E), Gases and Gas
uids, 5th Ed., IBR approved for Mixtures—Determination of Fire Po-
§ 1910.106(b)(1)(iii)(a)(1). tential and Oxidizing Ability for the
112
Selection of Cylinder Valve Outlets, with appendix A of this section and

Second Edition, Feb. 15, 1996, IBR ap- which tests for safety, and lists or la-
proved for Appendix B to § 1910.1200. bels or accepts, equipment or materials
(4) ISO 10156–2:2005 (E), Gas cyl- and which meets all of the following
inders—Gases and Gas Mixtures—Part criteria:
2: Determination of Oxidizing Ability (1) For each specified item of equip-
of Toxic and Corrosive Gases and Gas ment or material to be listed, labeled
Mixtures, First Edition, Aug. 1, 2005, or accepted, the NRTL has the capa-
IBR approved for Appendix B to bility (including proper testing equip-
§ 1910.1200. ment and facilities, trained staff, writ-
(5) ISO 13943:2000 (E/F), Fire Safety— ten testing procedures, and calibration
Vocabulary, First Edition, April, 15, and quality control programs) to per-
2000, IBR approved for Appendix B to form:
§ 1910.1200.
(i) Testing and examining of equip-
(z)(1) The following document is
ment and materials for workplace safe-
available for purchase from United Na-
ty purposes to determine conformance
tions Publications, Customer Service,
with appropriate test standards; or
c/o National Book Network, 15200 NBN
Way, PO Box 190, Blue Ridge Summit, (ii) Experimental testing and exam-
PA 17214; telephone: 1–888–254–4286; fax: ining of equipment and materials for
1–800–338–4550; email: workplace safety purposes to deter-
unpublications@nbnbooks.com. Other mine conformance with appropriate
distributors of United Nations Publica- test standards or performance in a
tions include: specified manner.
(i) Bernan, 15200 NBN Way, Blue (2) The NRTL shall provide, to the
Ridge Summit, PA 17214; telephone: 1– extent needed for the particular equip-
800–865–3457; fax: 1–800–865–3450; email: ment or materials listed, labeled, or
customercare@bernan; Web site: http:// accepted, the following controls or
www.bernan.com; and services:
(ii) Renouf Publishing Co. Ltd., 812 (i) Implements control procedures for
Proctor Avenue, Ogdensburg, NY 13669– identifying the listed and labeled
2205; telephone: 1–888–551–7470; Fax: 1– equipment or materials;
888–551–7471; email: (ii) Inspects the run of production of
orders@renoufbooks.com; Web site: http:// such items at factories for product
www.renoufbooks.com. evaluation purposes to assure conform-
(2) UN ST/SG/AC.10/Rev.4, The UN ance with the test standards; and
Recommendations on the Transport of (iii) Conducts field inspections to
Dangerous Goods, Manual of Tests and monitor and to assure the proper use of
Criteria, Fourth Revised Edition, 2003, its identifying mark or labels on prod-
IBR approved for appendix B to ucts;
§ 1910.1200.
(3) The NRTL is completely inde-
[39 FR 23502, June 27, 1974] pendent of employers subject to the
EDITORIAL NOTE: For FEDERAL REGISTER ci- tested equipment requirements, and of
tations affecting § 1910.6, see the List of CFR any manufacturers or vendors of equip-
Sections Affected, which appears in the ment or materials being tested for
Finding Aids section of the printed volume these purposes; and,
and at www.fdsys.gov.
(4) The NRTL maintains effective
§ 1910.7 Definition and requirements procedures for:
for a nationally recognized testing (i) Producing creditable findings or
laboratory. reports that are objective and without
(a) Application. This section shall bias; and
apply only when the term nationally (ii) Handling complaints and disputes
recognized testing laboratory is used in under a fair and reasonable system.
other sections of this part. (c) Test standards. An appropriate test
(b) Laboratory requirements. The term standard referred to in § 1910.7(b)(1) (i)
nationally recognized testing laboratory and (ii) is a document which specifies

(NRTL) means an organization which the safety requirements for specific
is recognized by OSHA in accordance equipment or class of equipment and is:
113
(1) Recognized in the United States quired to perform the work necessary;
as a safety standard providing an ade- the staff costs per hour (which include
quate level of safety, and wages, fringe benefits, and expenses
(2) Compatible with and maintained other than travel for personnel that
current with periodic revisions of ap- perform or administer the activities
plicable national codes and installation covered by the fees); and the average or
standards, and actual costs for travel when on-site re-
(3) Developed by a standards devel- views are involved. The formula for the
oping organization under a method pro- fee calculation is as follows:
viding for input and consideration of
views of industry groups, experts, Activity Fee = [Average (or Actual)
users, consumers, governmental au- Hours to Complete the Activity ×
thorities, and others having broad ex- Staff Costs per Hour] + Average (or
perience in the safety field involved, or Actual) Travel Costs
(4) In lieu of paragraphs (c) (1), (2), (3)(i) OSHA will review the full costs
and (3), the standard is currently des- periodically and will propose a revised
ignated as an American National fee schedule, if warranted. In its re-
Standards Institute (ANSI) safety-des- view, OSHA will apply the formula es-
ignated product standard or an Amer- tablished in paragraph (f)(2) of this sec-
ican Society for Testing and Materials tion to the current estimated full costs
(ASTM) test standard used for evalua- for the NRTL Program. If a change is
tion of products or materials.
warranted, OSHA will follow the imple-
(d) Alternative test standard. If a test-
mentation shown in paragraph (f)(4) of
ing laboratory desires to use a test
this section.
standard other than one allowed under
paragraph (c) of this section, then the (ii) OSHA will publish all fee sched-
Assistant Secretary of Labor shall ules in the FEDERAL REGISTER. Once
evaluate the proposed standard to de- published, a fee schedule remains in ef-
termine that it provides an adequate fect until it is superseded by a new fee
level of safety before it is used. schedule. Any member of the public
(e) Implementation. A testing organi- may request a change to the fees in-
zation desiring recognition by OSHA as cluded in the current fee schedule.
an NRTL shall request that OSHA Such a request must include appro-
evaluate its testing and control propriate documentation in support of the
grams against the requirements in this suggested change. OSHA will consider
section for any equipment or material such requests during its annual review
it may specify. The recognition proce- of the fee schedule.
dure shall be conducted in accordance (4) OSHA will implement periodic re-
with appendix A to this section. view, and fee assessment, collection,
(f) Fees. (1) Each applicant for NRTL and payment, as follows:
recognition and each NRTL must pay
Milestones/
fees for services provided by OSHA in Dates Action required
advance of the provision of those serv-
ices. OSHA will assess fees for the fol- I. Periodic Review of Fee Schedule
lowing services:
When review OSHA will publish any proposed new fee
(i) Processing of applications for ini- completed. schedule in the FEDERAL REGISTER if
tial recognition, expansion of recogni- OSHA determines that costs warrant
tion, or renewal of recognition, includ- changes in the fee schedule.
Fifteen days Comments due on the proposed new fee
ing on-site reviews; review and evalua- after publica- schedule.
tion of the applications; and preparation.
tion of reports, evaluations and FED- When OSHA OSHA will publish the final fee schedule in
ERAL REGISTER notices; and approves the the FEDERAL REGISTER, making the fee
fee schedule. schedule effective on a specific date.
(ii) Audits of sites.
(2) The fee schedule established by II. Application Processing Fees
OSHA reflects the full cost of per-
forming the activities for each service Time of appli- Applicant must pay the applicable fees in
cation. the fee schedule that are due when sub-

listed in paragraph (f)(1) of this sec- mitting an application; OSHA will not
tion. OSHA calculates the fees based on begin processing the application until it
either the average or actual time re- receives the fees.
114
Milestones/ revocation of OSHA recognition. Except as

Action required
Dates otherwise provided, the burden is on the ap-
plicant to establish by a preponderance of
Before assess- Applicant must pay the estimated staff time
the evidence that it is entitled to recogni-
ment per- and travel costs for its assessment based
formed. on the fees in effect at the time of the as-
tion as an NRTL. If further detailing of these
sessment. Applicant also must pay the requirements and criteria will assist the
fees for the final report and FEDERAL NRTLs or OSHA in this activity, this detail-
REGISTER notice, and other applicable ing will be done through appropriate OSHA
fees, as specified in the fee schedule. Program Directives.
OSHA may cancel an application if the
applicant does not pay these fees, or any I. Procedures for Initial OSHA Recognition
balance of these fees, when due.
A. Applications.
III. Audit Fees
1. Eligibility. a. Any testing agency or orga-
Before audit NRTL must pay the estimated staff time nization considering itself to meet the defi-
performed. and travel costs for its audit based on the nition of nationally recognized testing lab-
fees in effect at the time of the audit. oratory as specified in § 1910.7 may apply for
NRTL also must pay other applicable OSHA recognition as an NRTL.
fees, as specified in the fee schedule.
b. However, in determining eligibility for a
After the audit, OSHA adjusts the audit
fees to account for the actual costs for foreign-based testing agency or organization,
travel and staff time. OSHA shall take into consideration the pol-
On due date ... NRTL must pay the estimated audit fees, or icy of the foreign government regarding both
any balance due, by the due date estab- the acceptance in that country of testing
lished by OSHA; OSHA will assess a late data, equipment acceptances, and listings,
fee if NRTL does not pay audit fees (or and labeling, which are provided through na-
any balance of fees due) by the due date. tionally recognized testing laboratories rec-
OSHA may still perform the audit when
ognized by the Assistant Secretary, and the
an NRTL does not pay the fees or does
not pay them on time. accessibility to government recognition or a
Thirty days OSHA will begin processing a notice for similar system in that country by U.S.-based
after due publication in the FEDERAL REGISTER an- safety-related testing agencies, whether rec-
date or, if nouncing its plan to revoke recognition for ognized by the Assistant Secretary or not, if
earlier, date NRTLs that do not pay the estimated such recognition or a similar system is re-
NRTL re- audit fees and any balance of audit fees quired by that country.
fuses to pay. due. 2. Content of application. a. The applicant
Note: For the purposes of 29 CFR 1910.7(f)(4), ‘‘days’’ shall provide sufficient information and de-
means ‘‘calendar days,’’ and ‘‘applicant’’ means ‘‘the NRTL’’ tail demonstrating that it meets the require-
or ‘‘an applicant for NRTL recognition.’’ ments set forth in § 1910.7, in order for an in-
(5) OSHA will provide details about formed decision concerning recognition to be
how to pay the fees through appro- made by the Assistant Secretary.
b. The applicant also shall identify the
priate OSHA Program Directives, scope of the NRTL-related activity for which
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
INTRODUCTION requested to do so by OSHA, the applicant
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
115
Secretary in paragraph I.B.7.c. of this appen- 4. Preliminary finding by Assistant Secretary.
dix. a. The Assistant Secretary, or a special des-
ignee for this purpose, will make a prelimi-
B. Review and Decision Process; Issuance or nary finding as to whether the applicant has
Renewal. or has not met the requirements for recogni-
1. Acceptance and on-site review. a. Applica- tion, based on the completed application file,
tions submitted by eligible testing agencies the written staff recommendation, and the
will be accepted by OSHA, and their receipt statement of reasons supplied by the appli-
acknowledged in writing. After receipt of an cant if there remains a staff recommenda-
application, OSHA may request additional tion of disapproval.
information if it believes information rel- b. Notification of this preliminary finding
evant to the requirements for recognition will be sent to the applicant and subse-
has been omitted. quently published in the FEDERAL REGISTER.
b. OSHA shall, as necessary, conduct an c. This preliminary finding shall not be
on-site review of the testing facilities of the considered an official decision by the Assist-
applicant, as well as the applicant’s adminis- ant Secretary or OSHA, and does not confer
trative and technical practices, and, if nec- any change in status or any interim or tem-
essary, review any additional documentation porary recognition for the applicant.
underlying the application. 5. Public review and comment period—a. The
c. These on-site reviews will be conducted FEDERAL REGISTER notice of preliminary
by qualified individuals technically expert in finding will provide a period of not less than
these matters, including, as appropriate, 30 calendar days for written comments on
non-Federal consultants/contractors accept- the applicant’s fulfillment of the require-
able to OSHA. The protocol for each review ments for recognition. The application, sup-
will be based on appropriate national con- porting documents, staff recommendation,
sensus standards or international guides, statement of applicant’s reasons, and any
with such additions, changes, or deletions as comments received, will be available for pub-
may be considered necessary and appropriate lic inspection in the OSHA Docket Office.
in each case by OSHA. A written report shall b. Any member of the public, including the
be made of each on-site review and a copy applicant, may supply detailed reasons and
shall be provided to the applicant. evidence supporting or challenging the suffi-
2. Positive finding by staff. If, after review of ciency of the applicant’s having met the re-
the application, and additional information, quirements of the definition in 29 CFR
and the on-site review report, the applicant § 1910.7 and this appendix. Submission of per-
appears to have met the requirements for tinent documents and exhibits shall be made
recognition, a written recommendation shall in writing by the close of the comment pe-
be submitted by the responsible OSHA per- riod.
sonnel to the Assistant Secretary that the 6. Action after public comment—a. Final deci-
application be approved, accompanied by a sion by Assistant Secretary. Where the public
supporting explanation. review and comment record supports the As-
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
116
Assistant Secretary or his designee, OSHA and provisions of § 1910.7 and this appendix,
may authorize Federal or contract personnel the following two organizations are recog-
to initiate a special review of any informa- nized temporarily as nationally recognized
tion provided in the public comment record testing laboratories by the Assistant Sec-
which appears to require resolution, before a retary for a period of five years beginning
final decision can be made. June 13, 1988 and ending on July 13, 1993:
b. Supplementation of record. The contents
(i) Underwriters Laboratories, Inc., 333
and results of special reviews will be made
Pfingsten Road, Northbrook, Illinois 60062.
part of this record by the Assistant Sec-
retary by either: (ii) Factory Mutual Research Corporation,
(i) Reopening the written comment period 1151 Boston-Providence Turnpike, Norwood,
for public comments on these reviews; or Massachusetts 02062.
(ii) Convening an informal hearing to ac- b. At the end of the five-year period, the
cept public comments on these reviews, con- two temporarily recognized laboratories
ducted under applicable OSHA procedures for shall apply for renewal of OSHA recognition
similar hearings. utilizing the following procedures estab-
c. Final decision by the Assistant Secretary. lished for renewal of OSHA recognition.
The Assistant Secretary shall issue a deci-
sion as to whether it has been demonstrated, II. Supplementary Procedures.
based on a preponderance of the evidence,
that the applicant meets the requirements A. Test standard changes.
for recognition. The reasons supporting this
A recognized NRTL may change a testing
decision shall be derived from the evidence
available as a result of the full application, standard or elements incorporated in the
the supporting documentation, the staff find- standard such as testing methods or pass-fail
ing, the comments and evidence presented criteria by notifying the Assistant Secretary
during the public review and comment pe- of the change, certifying that the revised
riod, and written to transcribed evidence re- standard will be at least as effective as the
ceived during any subsequent reopening of prior standard, and providing the supporting
the written comment period or informal pub- data upon which its conclusions are based.
lic hearing held. The NRTL need not inform the Assistant
d. Public announcement. A copy of the As- Secretary of minor deviations from a test
sistant Secretary’s final decision will be pro- standard such as the use of new instrumenta-
vided to the applicant, and a notification tion that is more accurate or sensitive than
will be published in the FEDERAL REGISTER originally called for in the standard. The
subsequently announcing the decision. NRTL also need not inform the Assistant
e. Review of final decision. There will be no Secretary of its adoption of revisions to
further review activity available within the third-party testing standards meeting the re-
Department of Labor from the final decision
quirements of § 1910.7(c)(4), if such revisions
of the Assistant Secretary.
have been developed by the standards devel-
c. Terms and conditions of recognition. The
following terms and conditions shall be part oping organization, or of its adoption of revi-
of every recognition: sions to other third-party test standards
1. Letter of recognition. The recognition by which the developing organization has sub-
OSHA of any NRTL will be evidenced by a mitted to OSHA. If, upon review, the Assist-
letter of recognition from OSHA. The letter ant Secretary or his designee determines
will provide the specific details of the scope that the proposed revised standard is not
of the OSHA recognition, including the spe- ‘‘substantially equivalent’’ to the previous
cific equipment or materials for which OSHA version with regard to the level of safety ob-
recognition has been granted, as well as any tained, OSHA will not accept the proposed
specific conditions imposed by OSHA. testing standard by the recognized NRTL,
2. Period of recognition. The recognition by and will initiate discontinuance of that as-
OSHA of each NRTL will be valid for five pect of OSHA-recognized activity by the
years, unless terminated before the expira- NRTL by modification of the official letter
tion of the period. The dates of the period of of recognition. OSHA will publicly announce
recognition will be stated in the recognition this action and the NRTL will be required to
letter. communicate this OSHA decision directly to
3. Constancy in operations. The recognized
affected manufacturers.
NRTL shall continue to satisfy all the re-
quirements or limitations in the letter of B. Expansion of current recognition
recognition during the period of recognition.
4. Accurate publicity. The OSHA-recognized 1. Eligibility. A recognized NRTL may apply
NRTL shall not engage in or permit others to OSHA for an expansion of its current rec-
to engage in misrepresentation of the scope
ognition to cover other categories of NRTL

or conditions of its recognition. testing in addition to those included in the
5. Temporary Recognition of Certain NRTLs. current recognition.
a. Notwithstanding all other requirements
117
2. Procedure. a. OSHA will act upon and form the public of any voluntary termi-
process the application for expansion in ac- nation by FEDERAL REGISTER notice.
cordance with subsection I.B. of this appen-
dix, except that the period for written com- E. Revocation of recognition by OSHA.
ments, specified in paragraph 5.a of sub-
1. Potential causes. If an NRTL either has
section I.B. of this appendix, will be not less
failed to continue to substantially satisfy
than 15 calendar days.
the requirements of § 1910.7 or this appendix,
b. In that process, OSHA may decide not to
or has not been reasonably performing the
conduct an on-site review, where the sub-
NRTL testing requirements encompassed
stantive scope of the request to expand rec-
within its letter of recognition, or has mate-
ognition is closely related to the current
rially misrepresented itself in its applica-
area of recognition.
c. The expiration date for each expansion tions or misrepresented the scope or condi-
of recognition shall coincide with the expira- tions of its recognition, the Assistant Sec-
tion date of the current basic recognition pe- retary may revoke the recognition of a rec-
riod. ognized NRTL, in whole or in part. OSHA
may initiate revocation procedures on the
C. Renewal of OSHA recognition basis of information provided by any inter-
ested person.
1. Eligibility. A recognized NRTL may
2. Procedure. a. Before proposing to revoke
renew its recognition by filing a renewal re-
recognition, the Agency will notify the rec-
quest at the address in paragraph I.A.3. of
ognized NRTL in writing, giving it the op-
this appendix not less than nine months, nor
portunity to rebut or correct the alleged de-
more than one year, before the expiration
ficiencies which would form the basis of the
date of its current recognition.
proposed revocation, within a reasonable pe-
2. Procedure. a. OSHA will process the re-
riod.
newal request in accordance with subsection
I.B. of this appendix, except that the period b. If the alleged deficiencies are not cor-
for written comments, specified in paragraph rected or reconciled within a reasonable pe-
5.a of subsection I.B. of this appendix, will be riod, OSHA will propose, in writing to the
not less than 15 calendar days. recognized NRTL, to revoke recognition. If
b. In that process, OSHA may determine deemed appropriate, no other announcement
not to conduct the on-site reviews in I.B.1.a. need be made by OSHA.
where appropriate. c. The revocation shall be effective in 60
c. When a recognized NRTL has filed a days unless within that period the recog-
timely and sufficient renewal request, its nized NRTL corrects the deficiencies or re-
current recognition will not expire until a quests a hearing in writing.
final decision has been made by OSHA on the d. If a hearing is requested, it shall be held
request. before an administrative law judge of the De-
d. After the first renewal has been granted partment of Labor pursuant to the rules
to the NRTL, the NRTL shall apply for a specified in 29 CFR part 1905, subpart C.
continuation of its recognition status every e. The parties shall be OSHA and the rec-
five years by submitting a renewal request. ognized NRTL. The Assistant Secretary may
In lieu of submitting a renewal request after allow other interested persons to participate
the initial renewal, the NRTL may certify in these hearings if such participation would
its continuing compliance with the terms of contribute to the resolution of issues ger-
its letter of recognition and 29 CFR 1910.7. mane to the proceeding and not cause undue
3. Alternative procedure. After the initial delay.
recognition and before the expiration there- f. The burden of proof shall be on OSHA to
of, OSHA may (for good cause) determine demonstrate by a preponderance of the evi-
that there is a sufficient basis to dispense dence that the recognition should be revoked
with the renewal requirement for a given because the NRTL is not meeting the re-
laboratory and will so notify the laboratory quirements for recognition, has not been rea-
of such a determination in writing. In lieu of sonably performing the product testing func-
submitting a renewal request, any labora- tions as required by § 1910.7, this appendix A,
tory so notified shall certify its continuing or the letter of recognition, or has materi-
compliance with the terms of its letter of ally misrepresented itself in its applications
recognition and 29 CFR 1910.7. or publicity.
3. Final decision. a. After the hearing, the
D. Voluntary termination of recognition. Administrative Law Judge shall issue a deci-
At any time, a recognized NRTL may vol- sion stating the reasons based on the record
untarily terminate its recognition, either in as to whether it has been demonstrated,
its entirety or with respect to any area cov- based on a preponderance of evidence, that
ered in its recognition, by giving written no- the applicant does not continue to meet the
tice to OSHA. The written notice shall state requirements for its current recognition.
the date as of which the termination is to b. Upon issuance of the decision, any party
take effect. The Assistant Secretary shall in- to the hearing may file exceptions within 20
118
days pursuant to 29 CFR 1905.28. If no excep- OMB con-
29 CFR citation
tions are filed, this decision is the final deci- trol No.
sion of the Assistant Secretary. If objections
1910.177(d)(3)(iv) ................................................ 1218–0219
are filed, the Administrative Law Judge
1910.179(j)(2)(iii) and (iv) .................................... 1218–0224
shall forward the decision, exceptions and 1910.179(m)(1) and (m)(2) .................................. 1218–0224
record to the Assistant Secretary for the 1910.180(d)(6) ..................................................... 1218–0221
final decision on the proposed revocation. 1910.180(g)(1) and (g)(2)(ii) ................................ 1218–0221
c. The Assistant Secretary will review the 1910.181(g)(1) and (g)(3) .................................... 1218–0222
record, the decision by the Administrative 1910.184(e)(4), (f)(4) and (i)(8)(ii) ....................... 1218–0223
Law Judge, and the exceptions filed. Based 1910.217(e)(1)(i) and (ii) ..................................... 1218–0229
on this, the Assistant Secretary shall issue 1910.217(g) ......................................................... 1218–0070
the final decision as to whether it has been 1910.217(h) ......................................................... 1218–0143
1910.218(a)(2)(i) and (ii) ..................................... 1218–0228
demonstrated, by a preponderance of evi-
1910.252(a)(2)(xiii)(c) .......................................... 1218–0207
dence, that the recognized NRTL has not 1910.255(e) ......................................................... 1218–0207
continued to meet the requirements for 1910.266 .............................................................. 1218–0198
OSHA recognition. If the Assistant Sec- 1910.268 .............................................................. 1218–0225
retary finds that the NRTL does not meet 1910.269 .............................................................. 1218–0190
the NRTL recognition requirements, the rec- 1910.272 .............................................................. 1218–0206
ognition will be revoked. 1910.302 .............................................................. 1218–0256
4. Public announcement. A copy of the As- 1910.303 .............................................................. 1218–0256
sistant Secretary’s final decision will be pro- 1910.304 .............................................................. 1218–0256
1910.305 .............................................................. 1218–0256
vided to the applicant, and a notification 1910.306 .............................................................. 1218–0256
will be published in the FEDERAL REGISTER 1910.307 .............................................................. 1218–0256
announcing the decision, and the availability 1910.308 .............................................................. 1218–0256
of the complete record of this proceeding at 1910.420 .............................................................. 1218–0069
OSHA. The effective date of any revocation 1910.421 .............................................................. 1218–0069
will be the date the final decision copy is 1910.423 .............................................................. 1218–0069
sent to the NRTL. 1910.430 .............................................................. 1218–0069
5. Review of final decision. There will be no 1910.440 .............................................................. 1218–0069
1910.1001 ............................................................ 1218–0133
further review activity available within the 1910.1003 ............................................................ 1218–0085
Department of Labor from the final decision 1910.1004 ............................................................ 1218–0084
of the Assistant Secretary. 1910.1006 ............................................................ 1218–0086
1910.1007 ............................................................ 1218–0083
[53 FR 12120, Apr. 12, 1988; 53 FR 16838, May
1910.1008 ............................................................ 1218–0087
11, 1988, as amended at 54 FR 24333, June 7, 1910.1009 ............................................................ 1218–0089
1989; 65 FR 46818, 46819, July 31, 2000; 76 FR 1910.1010 ............................................................ 1218–0082
10515, Feb. 25, 2011] 1910.1011 ............................................................ 1218–0090
1910.1012 ............................................................ 1218–0080
§ 1910.8 OMB control numbers under 1910.1013 ............................................................ 1218–0079
the Paperwork Reduction Act. 1910.1014 ............................................................ 1218–0088
1910.1015 ............................................................ 1218–0044
The following sections or paragraphs 1910.1016 ............................................................ 1218–0081
each contain a collection of informa- 1910.1017 ............................................................ 1218–0010
tion requirement which has been ap- 1910.1018 ............................................................ 1218–0104
1910.1020 ............................................................ 1218–0065
proved by the Office of Management 1910.1025 ............................................................ 1218–0092
and Budget under the control number 1910.1026 ............................................................ 1218–0252
listed. 1910.1027 ............................................................ 1218–0185
1910.1028 ............................................................ 1218–0129
OMB con- 1910.1029 ............................................................ 1218–0128
29 CFR citation 1910.1030 ............................................................ 1218–0180
trol No.
1910.1043 ............................................................ 1218–0061
1910.7 .................................................................. 1218–0147 1910.1044 ............................................................ 1218–0101
1910.23 ................................................................ 1218–0199 1910.1045 ............................................................ 1218–0126
1910.66 ................................................................ 1218–0121 1910.1047 ............................................................ 1218–0108
1910.67(b) ........................................................... 1218–0230 1910.1048 ............................................................ 1218–0145
1910.68 ................................................................ 1218–0226 1910.1050 ............................................................ 1218–0184
1910.95 ................................................................ 1218–0048 1910.1051 ............................................................ 1218–0170
1910.111 .............................................................. 1218–0208 1910.1052 ............................................................ 1218–0179
1910.119 .............................................................. 1218–0200 1910.1096 ............................................................ 1218–0103
1910.120 .............................................................. 1218–0202 1910.1200 ............................................................ 1218–0072
1910.132 .............................................................. 1218–0205 1910.1450 ............................................................ 1218–0131
1910.134 .............................................................. 1218–0099
1910.137 .............................................................. 1218–0190
1910.142 .............................................................. 1218–0096 [61 FR 5508, Feb. 13, 1996, as amended at 62
1910.145 .............................................................. 1218–0132
FR 29668, June 2, 1997; 62 FR 42666, Aug. 8,
1910.146 .............................................................. 1218–0203
1997; 62 FR 43581, Aug. 14, 1997; 62 FR 65203,
1910.147 .............................................................. 1218–0150

1910.156 .............................................................. 1218–0075 Dec. 11, 1997; 63 FR 13340, Mar. 19, 1998; 63 FR
1910.157(e)(3) ..................................................... 1218–0210 17093, Apr. 8, 1998; 71 FR 38086, July 5, 2006; 72
1910.157(f)(16) .................................................... 1218–0218 FR 40075, July 23, 2007]
119
§ 1910.9 Compliance duties owed to safety or health are adopted by any

each employee. incorporations by reference of stand-
(a) Personal protective equipment. ards prescribed elsewhere in this chap-
Standards in this part requiring the ter or this title. Other materials con-
employer to provide personal protec- tained in the referenced parties are not
tive equipment (PPE), including res- adopted. Illustrations of the types of
pirators and other types of PPE, be- materials which are not adopted are
cause of hazards to employees impose a these. The incorporations by reference
separate compliance duty with respect of parts 1915, 1916, 1917, 1918 in §§ 1910.13,
to each employee covered by the re- 1910.14, 1910.15, and 1910.16 are not in-
quirement. The employer must provide tended to include the discussion in
PPE to each employee required to use those parts of the coverage of the
the PPE, and each failure to provide Longshoremen’s and Harbor Workers’
PPE to an employee may be considered Compensation Act or the penalty pro-
a separate violation. visions of the Act. Similarly, the incor-
(b) Training. Standards in this part poration by reference of part 1926 in
requiring training on hazards and re- § 1910.12 is not intended to include ref-
lated matters, such as standards re- erences to interpretative rules having
quiring that employees receive train- relevance to the application of the
ing or that the employer train employ- Construction Safety Act, but having no
ees, provide training to employees, or relevance to the application to the Oc-
institute or implement a training pro- cupational Safety and Health Act.
gram, impose a separate compliance
duty with respect to each employee § 1910.12 Construction work.
covered by the requirement. The em- (a) Standards. The standards pre-
ployer must train each affected em- scribed in part 1926 of this chapter are
ployee in the manner required by the adopted as occupational safety and
standard, and each failure to train an health standards under section 6 of the
employee may be considered a separate Act and shall apply, according to the
violation. provisions thereof, to every employ-
[73 FR 75583, Dec. 12, 2008] ment and place of employment of every
employee engaged in construction
Subpart B—Adoption and Exten- work. Each employer shall protect the
sion of Established Federal employment and places of employment
of each of his employees engaged in
Standards construction work by complying with
the appropriate standards prescribed in
AUTHORITY: Secs. 4, 6, and 8 of the Occupa- this paragraph.
tional Safety and Health Act, 29 U.S.C. 653,
655, 657; Walsh-Healey Act, 41 U.S.C. 35 et (b) Definition. For purposes of this
seq.; Service Contract Act of 1965, 41 U.S.C. section, Construction work means work
351 et seq.; Sec.107, Contract Work Hours and for construction, alteration, and/or re-
Safety Standards Act (Construction Safety pair, including painting and deco-
Act), 40 U.S.C. 333; Sec. 41, Longshore and rating. See discussion of these terms in
Harbor Workers’ Compensation Act, 33 § 1926.13 of this title.
U.S.C. 941; National Foundation of Arts and
Humanities Act, 20 U.S.C. 951 et seq.; Sec-
(c) Construction Safety Act distin-
retary of Labor’s Order No. 12–71 (36 FR 8754), guished. This section adopts as occupa-
8–76 (41 FR 1911), 9–83 (48 FR 35736), 1–90 (55 tional safety and health standards
FR 9033), or 6-96 (62 FR 111), as applicable. under section 6 of the Act the stand-
ards which are prescribed in part 1926
§ 1910.11 Scope and purpose. of this chapter. Thus, the standards
(a) The provisions of this subpart B (substantive rules) published in subpart
adopt and extend the applicability of, C and the following subparts of part
established Federal standards in effect 1926 of this chapter are applied. This
on April 28, 1971, with respect to every section does not incorporate subparts
employer, employee, and employment A and B of part 1926 of this chapter.
covered by the Act. Subparts A and B have pertinence only

(b) It bears emphasis that only stand- to the application of section 107 of the
ards (i.e., substantive rules) relating to Contract Work Hours and Safety
120
Standards Act (the Construction Safe- (3) Shipbuilding means the construc-
ty Act). For example, the interpretation of a vessel, including the installa-
tion of the term ‘‘subcontractor’’ in tion of machinery and equipment;
paragraph (c) of § 1926.13 of this chapter (4) Related employment means any em-
is significant in discerning the cov- ployment performed as an incident to,
erage of the Construction Safety Act or in conjunction with, ship repair,
and duties thereunder. However, the shipbreaking, and shipbuilding work,
term ‘‘subcontractor’’ has no signifi- including, but not restricted to, inspec-
cance in the application of the Act, tion, testing, and employment as a
which was enacted under the Com- watchman; and
merce Clause and which establishes du- (5) Vessel includes every description
ties for ‘‘employers’’ which are not de- of watercraft or other artificial con-
pendent for their application upon any trivance used, or capable of being used,
contractual relationship with the Fed- as a means of transportation on water,
eral Government or upon any form of including special purpose floating
Federal financial assistance. structures not primarily designed for,
(d) For the purposes of this part, to or used as a means of, transportation
the extent that it may not already be on water.
included in paragraph (b) of this sec-
tion, ‘‘construction work’’ includes the [58 FR 35308, June 30, 1993]
erection of new electric transmission
§ 1910.16 Longshoring and marine ter-
and distribution lines and equipment, minals.
and the alteration, conversion, and im-
provement of the existing transmission (a) Safety and health standards for
and distribution lines and equipment. longshoring. (1) Part 1918 of this chapter
shall apply exclusively, according to
§ 1910.15 Shipyard employment. the provisions thereof, to all employ-
(a) Adoption and extension of estab- ment of every employee engaged in
lished safety and health standards for longshoring operations or related em-
shipyard employment. The standards ployment aboard any vessel. All cargo
prescribed by part 1915 (formerly parts transfer accomplished with the use of
1501–1503) of this title and in effect on shore-based material handling devices
April 28, 1971 (as revised), are adopted shall be governed by part 1917 of this
as occupational safety or health stand- chapter.
ards under section 6(a) of the Act and (2) Part 1910 does not apply to
shall apply, according to the provisions longshoring operations except for the
thereof, to every employment and following provisions:
place of employment of every employee (i) Access to employee exposure and
engaged in ship repair, shipbreaking, medical records. Subpart Z, § 1910.1020;
and shipbuilding, or a related employ- (ii) Commercial diving operations. Sub-
ment. Each employer shall protect the part T;
employment and places of employment (iii) Electrical. Subpart S when shore-
of each of his employees engaged in based electrical installations provide
ship repair, shipbreaking, and ship- power for use aboard vessels;
building, or a related employment, by (iv) Hazard communication. Subpart Z,
complying with the appropriate stand- § 1910.1200;
ards prescribed by this paragraph. (v) Ionizing radiation. Subpart Z,
(b) Definitions. For purposes of this § 1910.1096;
section: (vi) Noise. Subpart G, § 1910.95;
(1) Ship repair means any repair of a (vii) Nonionizing radiation. Subpart G,
vessel, including, but not restricted to, § 1910.97;
alterations, conversions, installations,
cleaning, painting, and maintenance NOTE TO PARAGRAPH (a)(2)(vii): Exposures
work; to nonionizing radiation emissions from
commercial vessel transmitters are consid-
(2) Shipbreaking means any breaking
ered hazardous under the following condi-
down of a vessel’s structure for the tions: (1) where the radar is transmitting,
purpose of scrapping the vessel, includ- the scanner is stationary, and the exposure
ing the removal of gear, equipment, or distance is 18.7 feet (6 m.) or less; or (2)
any component of a vessel; where the radar is transmitting, the scanner
121
is rotating, and the exposure distance is 5.2 (v) Grain handling facilities. Subpart
feet (1.8 m.) or less. R, § 1910.272;
(viii) Respiratory protection. Subpart (vi) Hazard communication. Subpart Z,
I, § 1910.134; § 1910.1200;
(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;
(xii) Servicing multi-piece and single
requirements;1
piece rim wheels. Subpart N, § 1910.177;
(B) Bloodborne pathogens, § 1910.1030;
(xiii) Toxic and hazardous substances.
(C) Carbon monoxide, § 1910.1000 (See
Subpart Z applies to marine cargo han-
§ 1918.94 (a)); and
dling activities except for the fol-
(D) Hydrogen sulfide, § 1910.1000 (See
lowing:
§ 1918.94 (f)).
(A) When a substance or cargo is con-
(x) Powered industrial truck operator
tained within a sealed, intact means of
training, Subpart N, § 1910.178(l). packaging or containment complying
(b) Safety and health standards for ma- with Department of Transportation or
rine terminals. Part 1917 of this chapter International Maritime Organization
shall apply exclusively, according to requirements; 2
the provisions thereof, to employment (B) Bloodborne pathogens, § 1910.1030;
within a marine terminal, except as (C) Carbon monoxide, § 1910.1000 (See
follows: § 1917.24(a)); and
(1) The provisions of part 1917 of this (D) Hydrogen sulfide, § 1910.1000 (See
chapter do not apply to the following: § 1917.73(a)(2)); and
(i) Facilities used solely for the bulk (xiv) Powered industrial truck oper-
storage, handling, and transfer of flam- ator training, subpart N, § 1910.178(l).
mable and combustible liquids and (c) Definitions. For purposes of this
gases. section:
(ii) Facilities subject to the regula- (1) Longshoring operation means the
tions of the Office of Pipeline Safety of loading, unloading, moving, or han-
the Research and Special Programs Ad- dling of, cargo, ship’s stores, gear, etc.,
ministration, Department of Transpor- into, in, on, or out of any vessel;
tation (49 CFR chapter I, subchapter (2) Related employment means any em-
D), to the extent such regulations ployment performed as an incident to
apply to specific working conditions. or in conjunction with, longshoring op-
(iii) Fully automated bulk coal han- erations including, but not restricted
dling facilities contiguous to electrical to, securing cargo, rigging, and em-
power generating plants. ployment as a porter, checker, or
(2) Part 1910 does not apply to marine watchman; and
terminals except for the following: (3) Vessel includes every description
(i) Abrasive blasting. Subpart G, of watercraft or other artificial con-
§ 1910.94(a); trivance used, or capable of being used,
(ii) Access to employee exposure and as a means of transportation on water,
medical records. Subpart Z, § 1910.1020; including special purpose floating
(iii) Commercial diving operations. Sub- structures not primarily designed for,
part T; or used as a means of, transportation
(iv) Electrical. Subpart S; on water.
1 The International Maritime Organization 2 The International Maritime Organization
publishes the International Maritime Dan- publishes the International Maritime Dan-
gerous Goods Code to aid compliance with gerous Goods Code to aid compliance with
the international legal requirements of the the international legal requirements of the
International Convention for the Safety of International Convention for the Safety of
Life at Sea, 1960. Life at Sea, 1960.
122
(4) Marine terminal means wharves, dition, or repeal, in whole or in part, of

bulkheads, quays, piers, docks and any standard.
other berthing locations and adjacent
storage or adjacent areas and struc- § 1910.19 Special provisions for air
tures associated with the primary contaminants.
movement of cargo or materials from (a) Asbestos, tremolite, anthophyllite,
vessel to shore or shore to vessel in- and actinolite dust. Section 1910.1001
cluding structures which are devoted shall apply to the exposure of every
to receiving, handling, holding, con- employee to asbestos, tremolite,
solidation and loading or delivery of anthophyllite, and actinolite dust in
waterborne shipments or passengers, every employment and place of em-
including areas devoted to the mainte- ployment covered by § 1910.16, in lieu of
nance of the terminal or equipment. any different standard on exposure to
The term does not include production asbestos, tremolite, anthophyllite, and
or manufacturing areas having their actinolite dust which would otherwise
own docking facilities and located at a be applicable by virtue of any of those
marine terminal nor does the term in- sections.
clude storage facilities directly associ- (b) Vinyl chloride. Section 1910.1017
ated with those production or manufac- shall apply to the exposure of every
turing areas. employee to vinyl chloride in every
[39 FR 23502, June 27, 1974, as amended at 48 employment and place of employment
FR 30908, July 5, 1983; 52 FR 36026, Sept. 25, covered by § 1910.12, § 1910.13, § 1910.14,
1987; 62 FR 40195, July 25, 1997; 63 FR 66270, § 1910.15, or § 1910.16, in lieu of any dif-
Dec. 1, 1998] ferent standard on exposure to vinyl
chloride which would otherwise be ap-
§ 1910.17 Effective dates. plicable by virtue of any of those sec-
(a)–(b) [Reserved] tions.
(c) Except whenever any employment (c) Acrylonitrile. Section 1910.1045
or place of employment is, or becomes, shall apply to the exposure of every
subject to any safety and health stand- employee to acrylonitrile in every em-
ard prescribed in part 1915, 1916, 1917, ployment and place of employment
1918, or 1926 of this title on a date be- covered by § 1910.12, § 1910.13, § 1910.14,
fore August 27, 1971, by virtue of the § 1910.15, or § 1910.16, in lieu of any dif-
Construction Safety Act or the Long- ferent standard on exposure to acrylo-
shoremen’s and Harbor Workers’ Com- nitrile which would otherwise be appli-
pensation Act, that occupational safe- cable by virtue of any of those sec-
ty and health standard as incorporated tions.
by reference in this subpart shall also (d) [Reserved]
become effective under the Williams- (e) Inorganic arsenic. Section 1910.1018
Steiger Occupational Safety and shall apply to the exposure of every
Health Act of 1970 on that date. employee to inorganic arsenic in every
[39 FR 23502, June 27, 1974, as amended at 61 employment covered by § 1910.12,
FR 9235, Mar. 7, 1996] § 1910.13, § 1910.14, § 1910.15, or § 1910.16, in
lieu of any different standard on expo-
§ 1910.18 Changes in established Fed- sure to inorganic arsenic which would
eral standards. otherwise be applicable by virtue of
Whenever an occupational safety and any of those sections.
health standard adopted and incor- (f) [Reserved]
porated by reference in this subpart B (g) Lead. Section 1910.1025 shall apply
is changed pursuant to section 6(b) of to the exposure of every employee to
the Act and the statute under which lead in every employment and place of
the standard was originally promul- employment covered by §§ 1910.13,
gated, and in accordance with part 1911 1910.14, 1910.15, and 1910.16, in lieu of
of this chapter, the standard shall be any different standard on exposure to
deemed changed for purposes of that lead which would otherwise be applica-
statute and this subpart B, and shall ble by virtue of those sections.
apply under this subpart B. For the (h) Ethylene oxide. Section 1910.1047
purposes of this section, a change in a shall apply to the exposure of every
standard includes any amendment, ad- employee to ethylene oxide in every
123
employment and place of employment Subpart C [Reserved]

covered by § 1910.12, § 1910.13, § 1910.14,
§ 1910.15, or § 1910.16, in lieu of any dif-
Subpart D—Walking-Working
ferent standard on exposure to ethyl-
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-
U.S.C. 653, 655, and 657); Secretary of Labor’s
sure of every employee to MDA in Order No. 12–71 (36 FR 8754), 8–76 (41 FR
every employment and place of em- 25059), 9–83 (48 FR 35736), or 1–90 (55 FR 9033),
ployment covered by § 1910.13, § 1910.14, as applicable; and 29 CFR part 1911.
§ 1910.15, or § 1910.16, in lieu of any dif-
ferent standard on exposure to MDA § 1910.21 Definitions.
which would otherwise be applicable by (a) As used in § 1910.23, unless the con-
virtue of those sections. text requires otherwise, floor and wall
(j) Formaldehyde. Section 1910.1048 opening, railing and toe board terms
shall apply to the exposure of every shall have the meanings ascribed in
employee to formaldehyde in every em- this paragraph.
ployment and place of employment (1) Floor hole. An opening measuring
covered by § 1910.12, § 1910.13, § 1910.14, less than 12 inches but more than 1
§ 1910.15 or § 1910.16 in lieu of any dif- inch in its least dimension, in any
ferent standard on exposure to form- floor, platform, pavement, or yard,
aldehyde which would otherwise be ap- through which materials but not per-
plicable by virtue of those sections. sons may fall; such as a belt hole, pipe
(k) Cadmium. Section 1910.1027 shall opening, or slot opening.
apply to the exposure of every em- (2) Floor opening. An opening meas-
ployee to cadmium in every employ- uring 12 inches or more in its least di-
ment and place of employment covered mension, in any floor, platform, pave-
by § 1910.16 in lieu of any different ment, or yard through which persons
standard on exposures to cadmium that may fall; such as a hatchway, stair or
would otherwise be applicable by virtue ladder opening, pit, or large manhole.
of those sections. Floor openings occupied by elevators,
(l) 1,3-Butadiene (BD). Section dumb waiters, conveyors, machinery,
1910.1051 shall apply to the exposure of or containers are excluded from this
every employee to BD in every employ- subpart.
ment and place of employment covered (3) Handrail. A single bar or pipe sup-
by § 1910.12, § 1910.13, § 1910.14, § 1910.15, ported on brackets from a wall or par-
or § 1910.16, in lieu of any different tition, as on a stairway or ramp, to fur-
standard on exposure to BD which nish persons with a handhold in case of
would otherwise be applicable by virtue tripping.
of those sections. (4) Platform. A working space for per-
(m) Methylene chloride (MC). Section sons, elevated above the surrounding
1910.1052 shall apply to the exposure of floor or ground; such as a balcony or
every employee to MC in every employ- platform for the operation of machin-
ment and place of employment covered ery and equipment.
by § 1910.16 in lieu of any different (5) Runway. A passageway for per-
standard on exposure to MC which sons, elevated above the surrounding
would otherwise be applicable by virtue floor or ground level, such as a
of that section when it is not present footwalk along shafting or a walkway
in sealed, intact containers. between buildings.
(6) Standard railing. A vertical barrier
[43 FR 28473, June 30, 1978, as amended at 43 erected along exposed edges of a floor
FR 45809, Oct. 3, 1978; 43 FR 53007, Nov. 14, opening, wall opening, ramp, platform,
1978; 44 FR 5447, Jan. 26, 1979; 46 FR 32022,
or runway to prevent falls of persons.
June 19, 1981; 49 FR 25796, June 22, 1984; 50 FR
51173, Dec. 13, 1985; 52 FR 46291, Dec. 4, 1987; (7) Standard strength and construction.
57 FR 35666, Aug. 10, 1992; 57 FR 42388, Sept. Any construction of railings, covers, or
14, 1992; 59 FR 41057, Aug. 10, 1994; 61 FR 56831, other guards that meets the require-
Nov. 4, 1996; 62 FR 1600, Jan. 10, 1997] ments of § 1910.23.
124
(8) Stair railing. A vertical barrier (9) Tread. The horizontal member of a
erected along exposed sides of a stair- step.
way to prevent falls of persons. (10) Tread run. The horizontal dis-
(9) Toeboard. A vertical barrier at tance from the leading edge of a tread
floor level erected along exposed edges to the leading edge of an adjacent
of a floor opening, wall opening, plat- tread.
form, runway, or ramp to prevent falls (11) Tread width. The horizontal dis-
of materials. tance from front to back of tread in-
(10) Wall hole. An opening less than 30 cluding nosing when used.
inches but more than 1 inch high, of (c) As used in § 1910.25, unless the con-
unrestricted width, in any wall or par- text requires otherwise, portable wood
tition; such as a ventilation hole or ladders terms shall have the meanings
drainage scupper. ascribed in this paragraph.
(11) Wall opening. An opening at least (1) Ladders. A ladder is an appliance
30 inches high and 18 inches wide, in usually consisting of two side rails
any wall or partition, through which joined at regular intervals by cross-
persons may fall; such as a yard-arm pieces called steps, rungs, or cleats, on
doorway or chute opening. which a person may step in ascending
(b) As used in § 1910.24, unless the con- or descending.
text requires otherwise, fixed indus- (2) Stepladder. A stepladder is a
trial stair terms shall have the mean- selfsupporting portable ladder, non-
ing ascribed in this paragraph. adjustable in length, having flat steps
and a hinged back. Its size is des-
(1) Handrail. A single bar or pipe sup-
ignated by the overall length of the
ported on brackets from a wall or par-
ladder measured along the front edge of
tition to provide a continuous hand-
the side rails.
hold for persons using a stair.
(3) Single ladder. A single ladder is a
(2) Nose, nosing. That portion of a
non-self-supporting portable ladder,
tread projecting beyond the face of the
nonadjustable in length, consisting of
riser immediately below.
but one section. Its size is designated
(3) Open riser. The air space between by the overall length of the side rail.
the treads of stairways without upright (4) Extension ladder. An extension lad-
members (risers). der is a non-self-supporting portable
(4) Platform. An extended step or ladder adjustable in length. It consists
landing breaking a continuous run of of two or more sections traveling in
stairs. guides or brackets so arranged as to
(5) Railing. A vertical barrier erected permit length adjustment. Its size is
along exposed sides of stairways and designated by the sum of the lengths of
platforms to prevent falls of persons. the sections measured along the side
The top member of railing usually rails.
serves as a handrail. (5) Sectional ladder. A sectional ladder
(6) Rise. The vertical distance from is a non-self-supporting portable lad-
the top of a tread to the top of the next der, nonadjustable in length, consisting
higher tread. of two or more sections of ladder so
(7) Riser. The upright member of a constructed that the sections may be
step situated at the back of a lower combined to function as a single lad-
tread and near the leading edge of the der. Its size is designated by the overall
next higher tread. length of the assembled sections.
(8) Stairs, stairway. A series of steps (6) Trestle ladder. A trestle ladder is a
leading from one level or floor to an- self-supporting portable ladder, non-
other, or leading to platforms, pits, adjustable in length, consisting of two
boiler rooms, crossovers, or around ma- sections hinged at the top to form
chinery, tanks, and other equipment equal angles with the base. The size is
that are used more or less continuously designated by the length of the side
or routinely by employees, or only oc- rails measured along the front edge.
casionally by specific individuals. A se- (7) Extension trestle ladder. An exten-
ries of steps and landings having three sion trestle ladder is a self-supporting
or more risers constitutes stairs or portable ladder, adjustable in length,
stairway. consisting of a trestle ladder base and
125
a vertically adjustable single ladder, (18) Wane. Wane is bark, or the lack
with suitable means for locking the of wood from any cause, on the corner
ladders together. The size is designated of a piece.
by the length of the trestle ladder base. (19) Decay. Decay is disintegration of
(8) Special-purpose ladder. A special- wood substance due to action of wood-
purpose ladder is a portable ladder destroying fungi. It is also known as
which represents either a modification dote and rot.
or a combination of design or construc- (20) Compression failure. A compres-
tion features in one of the general-pur- sion failure is a deformation (buckling)
pose types of ladders previously de- of the fibers due to excessive compres-
fined, in order to adapt the ladder to sion along the grain.
special or specific uses. (21) Compression wood. Compression
(9) Trolley ladder. A trolley ladder is a wood is an aberrant (abnormal) and
semifixed ladder, nonadjustable in highly variable type of wood structure
length, supported by attachments to an occurring in softwood species. The
overhead track, the plane of the ladder wood commonly has density somewhat
being at right angles to the plane of higher than does normal wood, but
motion. somewhat lower stiffness and tensile
(10) Side-rolling ladder. A side-rolling strength for its weight in addition to
ladder is a semifixed ladder, nonadjust- high longitudinal shrinkage.
able in length, supported by attach- (22) Low density. Low-density wood is
ments to a guide rail, which is gen- that which is exceptionally light in
erally fastened to shelving, the plane of weight and usually deficient in
the ladder being also its plane of mo- strength properties for the species.
tion. (d) As used in § 1910.26, unless the con-
text requires otherwise, portable metal
(11) Wood characteristics. Wood char-
ladder terms shall have the meanings
acteristics are distinguishing features
ascribed in this paragraph.
which by their extent and number de-
(1) Ladder. A ladder is an appliance
termine the quality of a piece of wood.
usually consisting of two side rails
(12) Wood irregularities. Wood irreg- joined at regular intervals by cross-
ularities are natural characteristics in pieces called steps, rungs, or cleats, on
or on wood that may lower its dura- which a person may step in ascending
bility, strength, or utility. or descending.
(13) Cross grain. Cross grain (slope of (2) Step ladder. A step ladder is a self-
grain) is a deviation of the fiber direc- supporting portable ladder, nonadjust-
tion from a line parallel to the sides of able in length, having flat steps and a
the piece. hinged back. Its size is designated by
(14) Knot. A knot is a branch or limb, the overall length of the ladder meas-
imbedded in the tree and cut through ured along the front edge of the side
in the process of lumber manufacture, rails.
classified according to size, quality, (3) Single ladder. A single ladder is a
and occurrence. The size of the knot is non-self-supporting portable ladder,
determined as the average diameter on nonadjustable in length, consisting of
the surface of the piece. but one section. Its size is designated
(15) Pitch and bark pockets. A pitch by the overall length of the side rail.
pocket is an opening extending parallel (4) Extension ladder. An extension lad-
to the annual growth rings containing, der is a non-self-supporting portable
or that has contained, pitch, either ladder adjustable in length. It consists
solid or liquid. A bark pocket is an of two or more sections traveling in
opening between annual growth rings guides or brackets so arranged as to
that contains bark. permit length adjustment. Its size is
(16) Shake. A shake is a separation designated by the sum of the lengths of
along the grain, most of which occurs the sections measured along the side
between the rings of annual growth. rails.
(17) Check. A check is a lengthwise (5) Platform ladder. A self-supporting
separation of the wood, most of which ladder of fixed size with a platform pro-
occurs across the rings of annual vided at the working level. The size is
growth. determined by the distance along the
126
front rail from the platform to the base standard railing is a vertical barrier
of the ladder. erected along exposed edges of floor
(6) Sectional ladder. A sectional ladder openings, wall openings, ramps, plat-
is a non-self-supporting portable lad- forms, and runways to prevent falls of
der, non-adjustable in length, con- persons.
sisting of two or more sections so con- (6) Pitch. Pitch is the included angle
structed that the sections may be com- between the horizontal and the ladder,
bined to function as a single ladder. Its measured on the opposite side of the
size is designated by the overall length ladder from the climbing side.
of the assembled sections. (7) Fastenings. A fastening is a device
(7) Trestle ladder. A trestle ladder is a to attach a ladder to a structure, build-
self-supporting portable ladder, non-ad- ing, or equipment.
justable in length, consisting of two (8) Rungs. Rungs are ladder cross-
sections, hinged at the top to form pieces of circular or oval cross-section
equal angles with the base. The size is on which a person may step in ascend-
designated by the length of the side ing or descending.
rails measured along the front edge. (9) Cleats. Cleats are ladder cross-
(8) Extension trestle ladder. An exten- pieces of rectangular cross-section
sion trestle ladder is a self-supporting placed on edge on which a person may
portable ladder, adjustable in length, step in ascending or descending.
consisting of a trestle ladder base and (10) Steps. Steps are the flat cross-
a vertically adjustable single ladder, pieces of a ladder on which a person
with suitable means for locking the may step in ascending or descending.
ladders together. The size is designated
(11) Cage. A cage is a guard that may
by the length of the trestle ladder base.
be referred to as a cage or basket guard
(9) Special-purpose ladder. A special-
which is an enclosure that is fastened
purpose ladder is a portable ladder
to the side rails of the fixed ladder or
which represents either a modification
to the structure to encircle the climb-
or a combination of design or construc-
ing space of the ladder for the safety of
tion features in one of the general-pur-
the person who must climb the ladder.
pose types of ladders previously de-
fined, in order to adapt the ladder to (12) Well. A well is a permanent com-
special or specific uses. plete enclosure around a fixed ladder,
(e) As used in § 1910.27, unless the con- which is attached to the walls of the
text requires otherwise, fixed ladder well. Proper clearances for a well will
terms shall have the meanings ascribed give the person who must climb the
in this paragraph. ladder the same protection as a cage.
(1) Ladder. A ladder is an appliance (13) Ladder safety device. A ladder
usually consisting of two side rails safety device is any device, other than
joined at regular intervals by cross- a cage or well, designed to eliminate or
pieces called steps, rungs, or cleats, on reduce the possibility of accidental
which a person may step in ascending falls and which may incorporate such
or descending. features as life belts, friction brakes,
(2) Fixed ladder. A fixed ladder is a and sliding attachments.
ladder permanently attached to a (14) Grab bars. Grab bars are indi-
structure, building, or equipment. vidual handholds placed adjacent to or
(3) Individual-rung ladder. An indi- as an extension above ladders for the
vidual-rung ladder is a fixed ladder purpose of providing access beyond the
each rung of which is individually at- limits of the ladder.
tached to a structure, building, or (15) Through ladder. A through ladder
equipment. is one from which a man getting off at
(4) Rail ladder. A rail ladder is a fixed the top must step through the ladder in
ladder consisting of side rails joined at order to reach the landing.
regular intervals by rungs or cleats and (16) Side-step ladder. A side-step lad-
fastened in full length or in sections to der is one from which a man getting off
a building, structure, or equipment. at the top must step sideways from the
(5) Railings. A railing is any one or a ladder in order to reach the landing.
combination of those railings con- (f) As used in § 1910.28, unless the con-
structed in accordance with § 1910.23. A text requires otherwise, scaffolding
127
terms shall have the meaning ascribed (13) Interior hung scaffold. A scaffold
in this paragraph. suspended from the ceiling or roof
(1) Bearer. A horizontal member of a structure.
scaffold upon which the platform rests (14) Ladder jack scaffold. A light duty
and which may be supported by ledg- scaffold supported by brackets at-
ers. tached to ladders.
(2) Boatswain’s chair. A seat sup- (15) Ledger (stringer). A horizontal
ported by slings attached to a sus- scaffold member which extends from
pended rope, designed to accommodate post to post and which supports the
one workman in a sitting position. putlogs or bearer forming a tie between
(3) Brace. A tie that holds one scaf- the posts.
(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.
(5) Carpenters’ bracket scaffold. A scaf- (18) Masons’ adjustable multiple-point
fold consisting of wood or metal brack- suspension scaffold. A scaffold having a
ets supporting a platform. continuous platform supported by bear-
(6) Coupler. A device for locking to- ers suspended by wire rope from over-
gether the component parts of a tubu- head supports, so arranged and oper-
lar metal scaffold. The material used ated as to permit the raising or low-
for the couplers shall be of a structural ering of the platform to desired work-
type, such as a drop-forged steel, mal- ing positions.
leable iron, or structural grade alu- (19) Maximum intended load. The total
minum. The use of gray cast iron is of all loads including the working load,
prohibited. the weight of the scaffold, and such
(7) Crawling board or chicken ladder. A other loads as may be reasonably an-
plank with cleats spaced and secured at ticipated.
equal intervals, for use by a worker on (20) Medium duty scaffold. A scaffold
roofs, not designed to carry any mate- designed and constructed to carry a
rial. working load not to exceed 50 pounds
(8) Double pole or independent pole per square foot.
scaffold. A scaffold supported from the (21) Mid-rail. A rail approximately
base by a double row of uprights, inde- midway between the guardrail and
pendent of support from the walls and platform, used when required, and se-
constructed of uprights, ledgers, hori- cured to the uprights erected along the
zontal platform bearers, and diagonal exposed sides and ends of platforms.
bracing. (22) Needle beam scaffold. A light duty
scaffold consisting of needle beams
(9) Float or ship scaffold. A scaffold
supporting a platform.
hung from overhead supports by means
(23) Outrigger scaffold. A scaffold sup-
of ropes and consisting of a substantial
ported by outriggers or thrustouts pro-
platform having diagonal bracing un- jecting beyond the wall or face of the
derneath, resting upon and securely building or structure, the inboard ends
fastened to two parallel plank bearers of which are secured inside of such a
at right angles to the span. building or structure.
(10) Guardrail. A rail secured to (24) Putlog. A scaffold member upon
uprights and erected along the exposed which the platform rests.
sides and ends of platforms. (25) Roofing bracket. A bracket used in
(11) Heavy duty scaffold. A scaffold de- sloped roof construction, having provi-
signed and constructed to carry a sions for fastening to the roof or sup-
working load not to exceed 75 pounds ported by ropes fastened over the ridge
per square foot. and secured to some suitable object.
(12) Horse scaffold. A scaffold for light (26) Runner. The lengthwise hori-
or medium duty, composed of horses zontal bracing or bearing members or
supporting a work platform. both.
128
(27) Scaffold. Any temporary elevated (g) As used in § 1910.29, unless the con-
platform and its supporting structure text requires otherwise, manually pro-
used for supporting workmen or mate- pelled mobile ladder stand and scaffold
rials or both. (tower) terms shall have the meaning
(28) Single-point adjustable suspension ascribed in this paragraph.
scaffold. A manually or power-operated (1) Bearer. A horizontal member of a
unit designed for light duty use, sup- scaffold upon which the platform rests
ported by a single wire rope from an and which may be supported by ledg-
overhead support so arranged and oper- ers.
ated as to permit the raising or low- (2) Brace. A tie that holds one scaf-
ering of the platform to desired work- fold member in a fixed position with
ing positions. respect to another member.
(29) Single pole scaffold. Platforms (3) Climbing ladder. A separate ladder
resting on putlogs or crossbeams, the with equally spaced rungs usually at-
outside ends of which are supported on tached to the scaffold structure for
ledgers secured to a single row of posts climbing and descending.
or uprights and the inner ends of which (4) Coupler. A device for locking to-
are supported on or in a wall. gether the components of a tubular
(30) Stone setters’ adjustable multiple- metal scaffold which shall be designed
point suspension scaffold. A swinging- and used to safely support the max-
type scaffold having a platform sup- imum intended loads.
ported by hangers suspended at four (5) Design working load. The max-
points so as to permit the raising or imum intended load, being the total of
lowering of the platform to the desired all loads including the weight of the
working position by the use of hoisting men, materials, equipment, and plat-
machines. form.
(31) Toeboard. A barrier secured along (6) Equivalent. Alternative design or
the sides and ends of a platform, to features, which will provide an equal
guard against the falling of material. degree or factor of safety.
(32) Tube and coupler scaffold. An as- (7) Guardrail. A barrier secured to
sembly consisting of tubing which uprights and erected along the exposed
serves as posts, bearers, braces, ties, sides and ends of platforms to prevent
and runners, a base supporting the falls of persons.
posts, and special couplers which serve (8) Handrail. A rail connected to a
to connect the uprights and to join the ladder stand running parallel to the
various members. slope and/or top step.
(33) Tubular welded frame scaffold. A (9) Ladder stand. A mobile fixed size
sectional, panel, or frame metal scaf- self-supporting ladder consisting of a
fold substantially built up of prefab- wide flat tread ladder in the form of
ricated welded sections which consist stairs. The assembly may include hand-
of posts and horizontal bearer with in- rails.
termediate members. Panels or frames (10) Ledger (stringer). A horizontal
shall be braced with diagonal or cross scaffold member which extends from
braces. post to post and which supports the
(34) Two-point suspension scaffold bearer forming a tie between the posts.
(swinging scaffold). A scaffold, the plat- (11) Mobile scaffold (tower). A light,
form of which is supported by hangers medium, or heavy duty scaffold mount-
(stirrups) at two points, suspended ed on casters or wheels.
from overhead supports so as to permit (12) Mobile. ‘‘Manually propelled.’’
the raising or lowering of the platform (13) Mobile work platform. Generally a
to the desired working position by fixed work level one frame high on
tackle or hoisting machines. casters or wheels, with bracing diago-
(35) Window jack scaffold. A scaffold, nally from platform to vertical frame.
the platform of which is supported by a (14) Runner. The lengthwise hori-
bracket or jack which projects through zontal bracing and/or bearing members.
a window opening. (15) Scaffold. Any temporary elevated

(36) Working load. Load imposed by platform and its necessary vertical, di-
men, materials, and equipment. agonal, and horizontal members used
129
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.
(d) Floor loading protection. (1) In
(19) Tubular welded sectional folding
every building or other structure, or
scaffold. A sectional, folding metal
part thereof, used for mercantile, busi-
scaffold either of ladder frame or inside
ness, industrial, or storage purposes,
stairway design, substantially built of
the loads approved by the building offi-
prefabricated welded sections, which
cial shall be marked on plates of ap-
consist of end frames, platform frame,
proved design which shall be supplied
inside inclined stairway frame and
and securely affixed by the owner of
braces, or hinged connected diagonal
the building, or his duly authorized
and horizontal braces, capable of being
agent, in a conspicuous place in each
folded into a flat package when the
space to which they relate. Such plates
scaffold is not in use.
shall not be removed or defaced but, if
(20) Work level. The elevated plat-
lost, removed, or defaced, shall be re-
form, used for supporting workmen and
placed by the owner or his agent.
their materials, comprising the nec-
(2) It shall be unlawful to place, or
essary vertical, horizontal, and diago-
cause, or permit to be placed, on any
nal braces, guardrails, and ladder for
floor or roof of a building or other
access to the work platform.
structure a load greater than that for
§ 1910.22 General requirements. which such floor or roof is approved by
the building official.
This section applies to all permanent
places of employment, except where § 1910.23 Guarding floor and wall
domestic, mining, or agricultural work openings and holes.
only is performed. Measures for the (a) Protection for floor openings. (1)
control of toxic materials are consid- Every stairway floor opening shall be
ered to be outside the scope of this sec- guarded by a standard railing con-
tion. structed in accordance with paragraph
(a) Housekeeping. (1) All places of em- (e) of this section. The railing shall be
ployment, passageways, storerooms, provided on all exposed sides (except at
and service rooms shall be kept clean entrance to stairway). For infrequently
and orderly and in a sanitary condi- used stairways where traffic across the
tion. opening prevents the use of fixed stand-
(2) The floor of every workroom shall ard railing (as when located in aisle
be maintained in a clean and, so far as spaces, etc.), the guard shall consist of
possible, a dry condition. Where wet a hinged floor opening cover of stand-
processes are used, drainage shall be ard strength and construction and re-
maintained, and false floors, platforms, movable standard railings on all ex-
mats, or other dry standing places posed sides (except at entrance to
should be provided where practicable. stairway).
130
(2) Every ladderway floor opening or (8) Every floor hole into which per-
platform shall be guarded by a stand- sons can accidentally walk shall be
ard railing with standard toeboard on guarded by either:
all exposed sides (except at entrance to (i) A standard railing with standard
opening), with the passage through the toeboard on all exposed sides, or
railing either provided with a swinging (ii) A floor hole cover of standard
gate or so offset that a person cannot strength and construction. While the
walk directly into the opening. cover is not in place, the floor hole
(3) Every hatchway and chute floor shall be constantly attended by some-
opening shall be guarded by one of the one or shall be protected by a remov-
following: able standard railing.
(i) Hinged floor opening cover of (9) Every floor hole into which per-
standard strength and construction sons cannot accidentally walk (on ac-
equipped with standard railings or per- count of fixed machinery, equipment,
manently attached thereto so as to or walls) shall be protected by a cover
leave only one exposed side. When the that leaves no openings more than 1
opening is not in use, the cover shall be inch wide. The cover shall be securely
closed or the exposed side shall be held in place to prevent tools or mate-
guarded at both top and intermediate rials from falling through.
positions by removable standard rail- (10) Where doors or gates open di-
ings. rectly on a stairway, a platform shall
(ii) A removable railing with be provided, and the swing of the door
toeboard on not more than two sides of shall not reduce the effective width to
the opening and fixed standard railings less than 20 inches.
with toeboards on all other exposed (b) Protection for wall openings and
sides. The removable railings shall be holes. (1) Every wall opening from
kept in place when the opening is not which there is a drop of more than 4
in use. feet shall be guarded by one of the fol-
lowing:
Where operating conditions necessitate (i) Rail, roller, picket fence, half
the feeding of material into any hatch- door, or equivalent barrier. Where
way or chute opening, protection shall there is exposure below to falling ma-
be provided to prevent a person from terials, a removable toe board or the
falling through the opening. equivalent shall also be provided. When
(4) Every skylight floor opening and the opening is not in use for handling
hole shall be guarded by a standard materials, the guard shall be kept in
skylight screen or a fixed standard position regardless of a door on the
railing on all exposed sides. opening. In addition, a grab handle
(5) Every pit and trapdoor floor open- shall be provided on each side of the
ing, infrequently used, shall be guarded opening with its center approximately
by a floor opening cover of standard 4 feet above floor level and of standard
strength and construction. While the strength and mounting.
cover is not in place, the pit or trap (ii) Extension platform onto which
opening shall be constantly attended materials can be hoisted for handling,
by someone or shall be protected on all and which shall have side rails or
exposed sides by removable standard equivalent guards of standard speci-
railings. fications.
(6) Every manhole floor opening shall (2) Every chute wall opening from
be guarded by a standard manhole which there is a drop of more than 4
cover which need not be hinged in feet shall be guarded by one or more of
place. While the cover is not in place, the barriers specified in paragraph
the manhole opening shall be con- (b)(1) of this section or as required by
stantly attended by someone or shall the conditions.
be protected by removable standard (3) Every window wall opening at a
railings. stairway landing, floor, platform, or
(7) Every temporary floor opening balcony, from which there is a drop of
shall have standard railings, or shall be more than 4 feet, and where the bottom
constantly attended by someone. of the opening is less than 3 feet above
131
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
wide having one side open, at least one
(c) Protection of open-sided floors, plat-
stair railing on open side.
forms, and runways. (1) Every open-
(iii) On stairways less than 44 inches
sided floor or platform 4 feet or more
wide having both sides open, one stair
above adjacent floor or ground level
railing on each side.
shall be guarded by a standard railing
(iv) On stairways more than 44 inches
(or the equivalent as specified in para-
wide but less than 88 inches wide, one
graph (e)(3) of this section) on all open
handrail on each enclosed side and one
sides except where there is entrance to
stair railing on each open side.
a ramp, stairway, or fixed ladder. The
(v) On stairways 88 or more inches
railing shall be provided with a
wide, one handrail on each enclosed
toeboard wherever, beneath the open side, one stair railing on each open
sides, side, and one intermediate stair railing
(i) Persons can pass, located approximately midway of the
(ii) There is moving machinery, or width.
(iii) There is equipment with which (2) Winding stairs shall be equipped
falling materials could create a hazard. with a handrail offset to prevent walk-
(2) Every runway shall be guarded by ing on all portions of the treads having
a standard railing (or the equivalent as width less than 6 inches.
specified in paragraph (e)(3) of this sec- (e) Railing, toe boards, and cover speci-
tion) on all open sides 4 feet or more fications. (1) A standard railing shall
above floor or ground level. Wherever consist of top rail, intermediate rail,
tools, machine parts, or materials are and posts, and shall have a vertical
likely to be used on the runway, a height of 42 inches nominal from upper
toeboard shall also be provided on each surface of top rail to floor, platform,
exposed side. Runways used exclusively runway, or ramp level. The top rail
for special purposes (such as oiling, shall be smooth-surfaced throughout
shafting, or filling tank cars) may have the length of the railing. The inter-
the railing on one side omitted where mediate rail shall be approximately
operating conditions necessitate such halfway between the top rail and the
omission, providing the falling hazard floor, platform, runway, or ramp. The
is minimized by using a runway of not ends of the rails shall not overhang the
less than 18 inches wide. Where persons terminal posts except where such over-
entering upon runways become thereby hang does not constitute a projection
exposed to machinery, electrical equip- hazard.
ment, or other danger not a falling haz- (2) A stair railing shall be of con-
ard, additional guarding than is here struction similar to a standard railing

specified may be essential for protec- but the vertical height shall be not
tion. more than 34 inches nor less than 30
132
inches from upper surface of top rail to (5)(i) A handrail shall consist of a
surface of tread in line with face of lengthwise member mounted directly
riser at forward edge of tread. on a wall or partition by means of
(3) [Reserved] brackets attached to the lower side of
(i) For wood railings, the posts shall the handrail so as to offer no obstruc-
be of at least 2-inch by 4-inch stock tion to a smooth surface along the top
spaced not to exceed 6 feet; the top and and both sides of the handrail. The
intermediate rails shall be of at least 2- handrail shall be of rounded or other
inch by 4-inch stock. If top rail is made section that will furnish an adequate
of two right-angle pieces of 1-inch by 4- handhold for anyone grasping it to
inch stock, posts may be spaced on 8- avoid falling. The ends of the handrail
foot centers, with 2-inch by 4-inch in- should be turned in to the supporting
termediate rail. wall or otherwise arranged so as not to
(ii) For pipe railings, posts and top constitute a projection hazard.
and intermediate railings shall be at (ii) The height of handrails shall be
least 11⁄2 inches nominal diameter with not more than 34 inches nor less than
posts spaced not more than 8 feet on 30 inches from upper surface of hand-
centers. rail to surface of tread in line with face
(iii) For structural steel railings, of riser or to surface of ramp.
posts and top and intermediate rails (iii) The size of handrails shall be:
shall be of 2-inch by 2-inch by 3⁄8-inch When of hardwood, at least 2 inches in
angles or other metal shapes of equiva- diameter; when of metal pipe, at least
lent bending strength with posts 11⁄2 inches in diameter. The length of
spaced not more than 8 feet on centers. brackets shall be such as will give a
(iv) The anchoring of posts and fram- clearance between handrail and wall or
ing of members for railings of all types any projection thereon of at least 3
shall be of such construction that the inches. The spacing of brackets shall
completed structure shall be capable of not exceed 8 feet.
withstanding a load of at least 200 (iv) The mounting of handrails shall
pounds applied in any direction at any be such that the completed structure is
point on the top rail. capable of withstanding a load of at
(v) Other types, sizes, and arrange- least 200 pounds applied in any direc-
ments of railing construction are action at any point on the rail.
ceptable provided they meet the fol- (6) All handrails and railings shall be
lowing conditions: provided with a clearance of not less
(a) A smooth-surfaced top rail at a than 3 inches between the handrail or
height above floor, platform, runway, railing and any other object.
or ramp level of 42 inches nominal; (7) Floor opening covers may be of
(b) A strength to withstand at least any material that meets the following
the minimum requirement of 200 strength requirements:
pounds top rail pressure; (i) Trench or conduit covers and their
(c) Protection between top rail and supports, when located in plant road-
floor, platform, runway, ramp, or stair ways, shall be designed to carry a
treads, equivalent at least to that af- truck rear-axle load of at least 20,000
forded by a standard intermediate rail; pounds.
(4) A standard toeboard shall be 4 (ii) Manhole covers and their sup-
inches nominal in vertical height from ports, when located in plant roadways,
its top edge to the level of the floor, shall comply with local standard high-
platform, runway, or ramp. It shall be way requirements if any; otherwise,
securely fastened in place and with not they shall be designed to carry a truck
more than 1⁄4-inch clearance above rear-axle load of at least 20,000 pounds.
floor level. It may be made of any sub- (iii) The construction of floor open-
stantial material either solid or with ing covers may be of any material that
openings not over 1 inch in greatest di- meets the strength requirements. Cov-
mension. Where material is piled to ers projecting not more than 1 inch
such height that a standard toeboard above the floor level may be used pro-
does not provide protection, paneling viding all edges are chamfered to an
from floor to intermediate rail, or to angle with the horizontal of not over 30
top rail shall be provided. degrees. All hinges, handles, bolts, or
133
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
downward sufficiently to break the cess from one structure level to an-
glass below them. The construction other where operations necessitate reg-
shall be of grillwork with openings not ular travel between levels, and for ac-
more than 4 inches long or of slatwork cess to operating platforms at any
with openings not more than 2 inches equipment which requires attention
wide with length unrestricted. routinely during operations. Fixed
(9) Wall opening barriers (rails, roll- stairs shall also be provided where ac-
ers, picket fences, and half doors) shall cess to elevations is daily or at each
be of such construction and mounting shift for such purposes as gauging, in-
that, when in place at the opening, the spection, regular maintenance, etc.,
barrier is capable of withstanding a where such work may expose employ-
load of at least 200 pounds applied in ees to acids, caustics, gases, or other
any direction (except upward) at any harmful substances, or for which pur-
point on the top rail or corresponding poses the carrying of tools or equip-
member. ment by hand is normally required. (It
(10) Wall opening grab handles shall is not the intent of this section to pre-
be not less than 12 inches in length and clude the use of fixed ladders for access
shall be so mounted as to give 3 inches to elevated tanks, towers, and similar
clearance from the side framing of the
structures, overhead traveling cranes,
wall opening. The size, material, and
etc., where the use of fixed ladders is
anchoring of the grab handle shall be
such that the completed structure is common practice.) Spiral stairways
capable of withstanding a load of at shall not be permitted except for spe-
least 200 pounds applied in any direc- cial limited usage and secondary access
tion at any point of the handle. situations where it is not practical to
(11) Wall opening screens shall be of provide a conventional stairway. Wind-
such construction and mounting that ing stairways may be installed on
they are capable of withstanding a load tanks and similar round structures
of at least 200 pounds applied hori- where the diameter of the structure is
zontally at any point on the near side not less than five (5) feet.
of the screen. They may be of solid con- (c) Stair strength. Fixed stairways
struction, of grillwork with openings shall be designed and constructed to
not more than 8 inches long, or of carry a load of five times the normal
slatwork with openings not more than live load anticipated but never of less
4 inches wide with length unrestricted. strength than to carry safely a moving
[39 FR 23502, June 27, 1974, as amended at 43 concentrated load of 1,000 pounds.
FR 49744, Oct. 24, 1978; 49 FR 5321, Feb. 10, (d) Stair width. Fixed stairways shall
1984] have a minimum width of 22 inches.
(e) Angle of stairway rise. Fixed stairs
§ 1910.24 Fixed industrial stairs.
shall be installed at angles to the hori-
(a) Application of requirements. This zontal of between 30° and 50°. Any uni-
section contains specifications for the form combination of rise/tread dimen-
safe design and construction of fixed sions may be used that will result in a
general industrial stairs. This classi- stairway at an angle to the horizontal
fication includes interior and exterior
within the permissible range. Table D–
stairs around machinery, tanks, and
1 gives rise/tread dimensions which will

other equipment, and stairs leading to
or from floors, platforms, or pits. This produce a stairway within the permis-
section does not apply to stairs used sible range, stating the angle to the
134
horizontal produced by each combina- and establish minimum requirements

tion. However, the rise/tread combina- for the construction, care, and use of
tions are not limited to those given in the common types of portable wood
Table D–1. ladders, in order to insure safety under
normal conditions of usage. Other
TABLE D–1 types of special ladders, fruitpicker’s
Tread ladders, combination step and exten-
Rise (in
Angle to horizontal inches) run (in sion ladders, stockroom step ladders,
inches)
aisle-way step ladders, shelf ladders,
30°35′ .................................................... 61⁄2 11 and library ladders are not specifically
32°08′ .................................................... 63⁄4 103⁄4 covered by this section.
33°41′ .................................................... 7 101⁄2
35°16′ .................................................... 71⁄4 101⁄4
(b) Materials—(1) Requirements appli-
36°52′ .................................................... 7 ⁄2
1 10 cable to all wood parts. (i) All wood
38°29′ .................................................... 73⁄4 93⁄4 parts shall be free from sharp edges and
40°08′ .................................................... 8 91⁄2
41°44′ .................................................... 81⁄4 91⁄4
splinters; sound and free from accepted
43°22′ .................................................... 81⁄2 9 visual inspection from shake, wane,
45°00′ .................................................... 83⁄4 83⁄4 compression failures, decay, or other
46°38′ .................................................... 9 8 ⁄2
1
48°16′ .................................................... 91⁄4 81⁄4

irregularities. Low density wood shall
49°54′ .................................................... 91⁄2 8 not be used.
(ii) [Reserved]
(f) Stair treads. All treads shall be rea- (2) [Reserved]
sonably slip-resistant and the nosings (c) Construction requirements. (1) [Re-
shall be of nonslip finish. Welded bar served]
grating treads without nosings are ac- (2) Portable stepladders. Stepladders
ceptable providing the leading edge can longer than 20 feet shall not be sup-
be readily identified by personnel de- plied. Stepladders as hereinafter speci-
scending the stairway and provided the fied shall be of three types:
tread is serrated or is of definite non- Type I—Industrial stepladder, 3 to 20 feet for
slip design. Rise height and tread width heavy duty, such as utilities, contractors,
shall be uniform throughout any flight and industrial use.
of stairs including any foundation Type II—Commercial stepladder, 3 to 12 feet
structure used as one or more treads of for medium duty, such as painters, offices,
the stairs. and light industrial use.
(g) Stairway platforms. Stairway plat- Type III—Household stepladder, 3 to 6 feet
forms shall be no less than the width of for light duty, such as light household use.
a stairway and a minimum of 30 inches (i) General requirements. (a) [Reserved]
in length measured in the direction of (b) A uniform step spacing shall be
travel. employed which shall be not more than
(h) Railings and handrails. Standard 12 inches. Steps shall be parallel and
railings shall be provided on the open level when the ladder is in position for
sides of all exposed stairways and stair use.
platforms. Handrails shall be provided (c) The minimum width between side
on at least one side of closed stairways rails at the top, inside to inside, shall
preferably on the right side descending. be not less than 111⁄2 inches. From top
Stair railings and handrails shall be in- to bottom, the side rails shall spread at
stalled in accordance with the provi- least 1 inch for each foot of length of
sions of § 1910.23. stepladder.
(i) Vertical clearance. Vertical clear- (d)–(e) [Reserved]
ance above any stair tread to an over- (f) A metal spreader or locking device
head obstruction shall be at least 7 feet of sufficient size and strength to se-
measured from the leading edge of the curely hold the front and back sections
tread. in open positions shall be a component
[39 FR 23502, June 27, 1974, as amended at 43 of each stepladder. The spreader shall
FR 49744, Oct. 24, 1978; 49 FR 5321, Feb. 10, have all sharp points covered or re-
1984] moved to protect the user. For Type III
ladder, the pail shelf and spreader may
§ 1910.25 Portable wood ladders. be combined in one unit (the so-called

(a) Application of requirements. This shelf-lock ladder).
section is intended to prescribe rules (3) Portable rung ladders.
135
(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
tle ladders longer than 20 feet shall not support). The ladder shall be so placed
be supplied. as to prevent slipping, or it shall be
(b) [Reserved] lashed, or held in position. Ladders
(4) Special-purpose ladders. shall not be used in a horizontal posi-
(i) [Reserved] tion as platforms, runways, or scaf-
(ii) Painter’s stepladder. (a) Painter’s folds;
stepladders longer than 12 feet shall (ii) Ladders for which dimensions are
not be supplied. specified should not be used by more
(b) [Reserved] than one man at a time nor with ladder
(iii) Mason’s ladder. A mason’s ladder jacks and scaffold planks where use by
is a special type of single ladder in- more than one man is anticipated. In
tended for use in heavy construction such cases, specially designed ladders
work. with larger dimensions of the parts
(a) Mason’s ladders longer than 40 should be procured;
feet shall not be supplied. (iii) Portable ladders shall be so
(b) [Reserved] placed that the side rails have a secure
(5) Trolley and side-rolling ladders—(i) footing. The top rest for portable rung
Length. Trolley ladders and side-rolling and cleat ladders shall be reasonably
ladders longer than 20 feet should not rigid and shall have ample strength to
be supplied. support the applied load;
(ii) [Reserved] (iv) Ladders shall not be placed in
(d) Care and use of ladders—(1) Care. front of doors opening toward the lad-
To insure safety and serviceability the der unless the door is blocked upon,
following precautions on the care of locked, or guarded;
ladders shall be observed: (v) Ladders shall not be placed on
(i) Ladders shall be maintained in boxes, barrels, or other unstable bases
good condition at all times, the joint to obtain additional height;
between the steps and side rails shall (vi)–(vii) [Reserved]
be tight, all hardware and fittings se- (viii) Ladders with broken or missing
curely attached, and the movable parts steps, rungs, or cleats, broken side
shall operate freely without binding or rails, or other faulty equipment shall
undue play. not be used; improvised repairs shall
(ii) Metal bearings of locks, wheels, not be made;
pulleys, etc., shall be frequently lubri- (ix) Short ladders shall not be spliced
cated. together to provide long sections;

(iii) Frayed or badly worn rope shall (x) Ladders made by fastening cleats
be replaced. across a single rail shall not be used;
136
(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 treated to minimize the possibility of
Size of ladder (feet) (feet)
slipping.
Up to and including 36 ........................................ 3 (2) General specifications—straight and
Over 36 up to and including 48 ........................... 4 extension ladders. (i) The minimum
Over 48 up to and including 60 ........................... 5
width between side rails of a straight
ladder or any section of an extension
(xiv) Portable rung ladders with rein-
ladder shall be 12 inches.
forced rails (see paragraphs (c)(3) (ii)(c)
(ii) The length of single ladders or in-
and (iii)(d) this section) shall be used
dividual sections of ladders shall not
only with the metal reinforcement on
exceed 30 feet. Two-section ladders
the under side;
shall not exceed 48 feet in length and
(xv) No ladder should be used to gain
over two-section ladders shall not ex-
access to a roof unless the top of the
ceed 60 feet in length.
ladder shall extend at least 3 feet above (iii) Based on the nominal length of
the point of support, at eave, gutter, or the ladder, each section of a multisec-
roofline; tion ladder shall overlap the adjacent
(xvi) [Reserved] section by at least the number of feet
(xvii) Middle and top sections of sec- stated in the following:
tional or window cleaner’s ladders
should not be used for bottom section Normal length of ladder (feet) Overlap
(feet)
unless the user equips them with safety
shoes; Up to and including 36 ........................................ 3
(xviii) [Reserved] Over 36, up to and including 48 .......................... 4
Over 48, up to 60 ................................................ 5
(xix) The user should equip all port-
able rung ladders with nonslip bases
(iv) Extension ladders shall be
when there is a hazard of slipping. Non-
equipped with positive stops which will
slip bases are not intended as a sub-
insure the overlap specified in the
stitute for care in safely placing, lash-
table above.
ing, or holding a ladder that is being
(3) General specifications—step ladders.
used upon oily, metal, concrete, or slip-
(i)–(ii) [Reserved]
pery surfaces;
(iii) The length of a stepladder is
(xx) The bracing on the back legs of measured by the length of the front
step ladders is designed solely for in- rail. To be classified as a standard
creasing stability and not for climbing. length ladder, the measured length
[39 FR 23502, June 27, 1974, as amended at 43 shall be within plus or minus one-half
FR 49744, Oct. 24, 1978; 49 FR 5321, Feb. 10, inch of the specified length. Step-
1984] ladders shall not exceed 20 feet in
length.
§ 1910.26 Portable metal ladders. (iv)–(vi) [Reserved]
(a) Requirements—(1) General. Specific (vii) The bottoms of the four rails are
design and construction requirements to be supplied with insulating nonslip
are not part of this section because of material for the safety of the user.
the wide variety of metals and design (viii) A metal spreader or locking de-
possibilities. However, the design shall vice of sufficient size and strength to
be such as to produce a ladder without securely hold the front and back sec-
structural defects or accident hazards tions in the open position shall be a
such as sharp edges, burrs, etc. The component of each stepladder. The
metal selected shall be of sufficient spreader shall have all sharp points or
strength to meet the test require- edges covered or removed to protect
ments, and shall be protected against the user.
137
(4) General specifications—trestles and (iv) The top of the ladder must be
extension trestle ladders. (i) Trestle lad- placed with the two rails supported,
ders or extension sections or base sec- unless equipped with a single support
tions of extension trestle ladders shall attachment.
be not more than 20 feet in length. (v) When ascending or descending,
(ii) [Reserved] the climber must face the ladder.
(5) General specifications—platform lad- (vi) Ladders must not be tied or fas-
ders. (i) The length of a platform ladder tened together to provide longer sec-
shall not exceed 20 feet. The length of tions. They must be equipped with the
a platform ladder shall be measured hardware fittings necessary if the man-
along the front rail from the floor to ufacturer endorses extended uses.
the platform. (vii) Ladders should not be used as a
(ii) [Reserved] brace, skid, guy or gin pole, gangway,
(b) [Reserved] or for other uses than that for which
(c) Care and maintenance of ladders— they were intended, unless specifically
(1) General. To get maximum service- recommended for use by the manufac-
ability, safety, and to eliminate unnec- turer.
essary damage of equipment, good safe (viii) See § 1910.333(c) for work prac-
practices in the use and care of ladder tices to be used when work is per-
equipment must be employed by the formed on or near electric circuits.
users. [39 FR 23502, June 27, 1974, as amended at 43
The following rules and regulations FR 49745, Oct. 24, 1978; 49 FR 5321, Feb. 10,
are essential to the life of the equip- 1984; 55 FR 32014, Aug. 6, 1990]
ment and the safety of the user.
(2) Care of ladders. § 1910.27 Fixed ladders.
(i)–(iii) [Reserved] (a) Design requirements—(1) Design
(iv) Ladders must be maintained in considerations. All ladders, appur-
good usable condition at all times. tenances, and fastenings shall be de-
(v) [Reserved] signed to meet the following load re-
(vi) If a ladder is involved in any of quirements:
the following, immediate inspection is (i) The minimum design live load
necessary: shall be a single concentrated load of
(a) If ladders tip over, inspect ladder 200 pounds.
for side rails dents or bends, or exces- (ii) The number and position of addi-
sively dented rungs; check all rung-to- tional concentrated live-load units of
side-rail connections; check hardware 200 pounds each as determined from an-
connections; check rivets for shear. ticipated usage of the ladder shall be
(b)–(c) [Reserved] considered in the design.
(d) If ladders are exposed to oil and (iii) The live loads imposed by per-
grease, equipment should be cleaned of sons occupying the ladder shall be con-
oil, grease, or slippery materials. This sidered to be concentrated at such
can easily be done with a solvent or points as will cause the maximum
steam cleaning. stress in the structural member being
(vii) Ladders having defects are to be considered.
marked and taken out of service until (iv) The weight of the ladder and at-
repaired by either maintenance depart- tached appurtenances together with
ment or the manufacturer. the live load shall be considered in the
(3) Use of ladders. (i). A simple rule design of rails and fastenings.
for setting up a ladder at the proper (2) Design stresses. Design stresses for
angle is to place the base a distance wood components of ladders shall not
from the vertical wall equal to one- exceed those specified in § 1910.25. All
fourth the working length of the lad- wood parts of fixed ladders shall meet
der. the requirements of § 1910.25(b).
(ii) Portable ladders are designed as a For fixed ladders consisting of wood
one-man working ladder based on a 200- side rails and wood rungs or cleats,
pound load. used at a pitch in the range 75 degrees

(iii) The ladder base section must be to 90 degrees, and intended for use by
placed with a secure footing. no more than one person per section,
138
single ladders as described in metals from electrolytic action when

§ 1910.25(c)(3)(ii) are acceptable. such metals are joined.
(b) Specific features—(1) Rungs and (6) Welding. All welding shall be in
cleats. (i) All rungs shall have a min- accordance with the ‘‘Code for Welding
imum diameter of three-fourths inch in Building Construction’’ (AWSD1.0–
for metal ladders, except as covered in 1966).
paragraph (b)(7)(i) of this section and a (7) Protection from deterioration. (i)
minimum diameter of 11⁄8 inches for Metal ladders and appurtenances shall
wood ladders. be painted or otherwise treated to re-
(ii) The distance between rungs, sist corrosion and rusting when loca-
cleats, and steps shall not exceed 12 tion demands. Ladders formed by indi-
inches and shall be uniform throughout vidual metal rungs imbedded in con-
the length of the ladder.
crete, which serve as access to pits and
(iii) The minimum clear length of to other areas under floors, are fre-
rungs or cleats shall be 16 inches.
quently located in an atmosphere that
(iv) Rungs, cleats, and steps shall be causes corrosion and rusting. To in-
free of splinters, sharp edges, burrs, or
crease rung life in such atmosphere, in-
projections which may be a hazard.
dividual metal rungs shall have a min-
(v) The rungs of an individual-rung
imum diameter of 1 inch or shall be
ladder shall be so designed that the
painted or otherwise treated to resist
foot cannot slide off the end. A sug-
gested design is shown in figure D–1. corrosion and rusting.
(ii) Wood ladders, when used under
conditions where decay may occur,
shall be treated with a nonirritating
preservative, and the details shall be
such as to prevent or minimize the ac-
cumulation of water on wood parts.
(iii) When different types of mate-
rials are used in the construction of a
ladder, the materials used shall be so
treated as to have no deleterious effect
one upon the other.
FIGURE D–1—SUGGESTED DESIGN FOR RUNGS

ON INDIVIDUAL-RUNG LADDERS.
(2) Side rails. Side rails which might
be used as a climbing aid shall be of
such cross sections as to afford ade-
quate gripping surface without sharp
edges, splinters, or burrs.
(3) Fastenings. Fastenings shall be an
integral part of fixed ladder design.
(4) Splices. All splices made by what-
ever means shall meet design require-
ments as noted in paragraph (a) of this
section. All splices and connections
shall have smooth transition with
original members and with no sharp or
extensive projections.
(5) Electrolytic action. Adequate means
shall be employed to protect dissimilar
139
EC27OC91.001
(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
space, except when cages or wells are than 12 inches, or less than 21⁄2 inches
necessary. (fig. D–4).
(3) Ladders with cages or baskets. Lad-
ders equipped with cage or basket are
excepted from the provisions of sub-
paragraphs (1) and (2) of this para-
graph, but shall conform to the provi-
sions of paragraph (d)(1)(v) of this sec-
tion. Fixed ladders in smooth-walled
wells are excepted from the provisions
of subparagraph (1) of this paragraph,

but shall conform to the provisions of
paragraph (d)(1)(vi) of this section.
EC27OC91.003
140
EC27OC91.002
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
cleats to the edge of the hatch opening
on the climbing side shall be not less FIGURE D–6—RELATIONSHIP OF FIXED LADDER
than 24 inches for offset wells or 30 TO A SAFE ACCESS HATCH
inches for straight wells. There shall be (iii) Cages shall extend a minimum of
not protruding potential hazards with- 42 inches above the top of landing, un-
in 24 inches of the centerline of rungs less other acceptable protection is pro-
or cleats; any such hazards within 30 vided.
inches of the centerline of the rungs or (iv) Cages shall extend down the lad-
cleats shall be fitted with deflector der to a point not less than 7 feet nor
plates placed at an angle of 60 degrees more than 8 feet above the base of the
from the horizontal as indicated in fig- ladder, with bottom flared not less
ure D–5. The relationship of a fixed lad- than 4 inches, or portion of cage oppo-
der to an acceptable counterweighted site ladder shall be carried to the base.
hatch cover is illustrated in figure D–6. (v) Cages shall not extend less than
(d) Special requirements—(1) Cages or 27 nor more than 28 inches from the
wells. (i) Cages or wells (except on centerline of the rungs of the ladder.
chimney ladders) shall be built, as Cage shall not be less than 27 inches in
shown on the applicable drawings, cov- width. The inside shall be clear of pro-
ered in detail in figures D–7, D–8, and jections. Vertical bars shall be located
D–9, or of equivalent construction. at a maximum spacing of 40 degrees
(ii) Cages or wells (except as provided around the circumference of the cage;
in subparagraph (5) of this paragraph) this will give a maximum spacing of
conforming to the dimensions shown in approximately 91⁄2 inches, center to
figures D–7, D–8, and D–9 shall be pro- center.
vided on ladders of more than 20 feet to (vi) Ladder wells shall have a clear
EC27OC91.005 EC27OC91.006
a maximum unbroken length of 30 feet. width of at least 15 inches measured

each way from the centerline of the
ladder. Smooth-walled wells shall be a
141
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
142
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
143
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:
144
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 11⁄4 (24) The use of shore scaffolds or
× 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
145
3⁄16 × 2-inch steel strip or equivalent se- 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).
146
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.
All members except planking are used on edge.
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—
Continued
Uniformly distributed load ............. Not to exceed 50 pounds
per square foot. Bracing, horizontal ........................ 1 by 6 in. or 11⁄4 by 4 in.
Maximum height of scaffold ......... 60 ft. Bracing, diagonal .......................... 1 by 4 in.
Poles or uprights .......................... 4 by 4 in. Tie-ins ........................................... 1 by 4 in.
Pole spacing (longitudinal) ........... 8 ft. 0 in. Planking ........................................ 2 by 9 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.
members. All members except planking are used on edge.

Spacing of bearers ....................... 8 ft. 0 in.
Bearers ......................................... 2 by 9 in. (rough) or 2 by
10 in.
147
TABLE D–12—MINIMUM NOMINAL SIZE AND structural metals when used must be
MAXIMUM SPACING OF MEMBERS OF INDE- designed to carry an equivalent load.
PENDENT POLE SCAFFOLDS—HEAVY DUTY (2) A medium-duty tube and coupler
scaffold shall have all posts, runners,
Uniformly distributed load ............. Not to exceed 75 pounds and bracing of nominal 2-inch O.D.
per square foot.
Maximum height of scaffold ......... 60 ft. steel tubing. Posts spaced not more
Poles or uprights .......................... 4 by 4 in. than 6 feet apart by 8 feet along the
Pole spacing (longitudinal) ........... 6 ft. 0 in. length of the scaffold shall have bear-
Pole spacing (transverse) ............. 8 ft. 0 in.
Ledgers ......................................... 2 by 9 in.
ers of nominal 21⁄2-inch O.D. steel tub-
Vertical spacing of horizontal 4 ft. 6 in. ing. Posts spaced not more than 5 feet
members. apart by 8 feet along the length of the
Bearers ......................................... 2 by 9 in. (rough). scaffold shall have bearers of nominal
Bracing, horizontal and diagonal .. 2 by 4 in.
Tie-ins ........................................... 1 by 4 in.
2-inch O.D. steel tubing. Other struc-
Planking ........................................ 2 by 9 in. tural metals when used must be de-
Toeboards ..................................... 4 in. high (minimum). signed to carry an equivalent load.
Guardrail ....................................... 2 by 4 in. (3) A heavy-duty tube and coupler
All members except planking are used on edge. 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
Uniformly distributed load ............. Not to exceed 25 p.s.f.
inches along the length of the scaffold.
post spacing (longitudinal) ............ 10 ft. 0 in. Other structural metals when used
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-
fessional engineer and copies made
Uniformly distributed load ............. Not to exceed 50 p.s.f.
Post spacing (longitudinal) ........... 8 ft. 0 in.
available to the employer and for in-
Post spacing (transverse) ............. 6 ft. 0 in. spection purposes.
(5) All tube and coupler scaffolds
Additional planked shall be constructed and erected to
Working levels Maximum height
levels support four times the maximum in-
1 6 125 ft.
tended loads as set forth in tables D–13,
2 0 78 ft. 0 in. 14, and 15 of this section, or as set forth
in the specifications by a registered
TABLE D–15—TUBE AND COUPLER professional engineer, copies which
SCAFFOLDS—HEAVY DUTY shall be made available to the em-
ployer and for inspection purposes.
Uniformly distributed load ............. Not to exceed 75 p.s.f. (6) All tube and coupler scaffolds
Post spacing (longitudinal) ........... 6 ft. 6 in. shall be erected by competent and ex-
Post spacing (transverse) ............. 6 ft. 0 in.
perienced personnel.
(7) Posts shall be accurately spaced,
Additional planked erected on suitable bases, and main-
Working levels Maximum height
levels
tained plumb.
1 6 125 ft. (8) Runners shall be erected along the
length of the scaffold located on both
(c) Tube and coupler scaffolds. (1) A the inside and the outside posts at even
light-duty tube and coupler scaffold height. Runners shall be interlocked to
shall have all posts, bearers, runners, form continuous lengths and coupled to
and bracing of nominal 2-inch O.D. each post. The bottom runners shall be
steel tubing. The posts shall be spaced located as close to the base as possible.
no more than 6 feet apart by 10 feet Runners shall be placed not more than
along the length of the scaffold. Other 6 feet 6 inches on centers.
148
(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-
inches or the equivalent and not less
mits, such bracing shall be duplicated
than 36 inches or more than 42 inches
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.
149
(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.
150
(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
manila rope or the equivalent shall
directly over the hoisting drums.
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.
151
(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 ×
workman shall be protected by a safety 8-inch unspliced planks, properly
lifebelt attached to a lifeline. The life- cleated together on the underside
line shall be securely attached to sub-
starting 6 inches from each end; inter-
stantial members of the structure (not
vals in between shall not exceed 4 feet.
scaffold), or to securely rigged lines,
The plank-type platform shall not ex-
which will safely suspend the workman
tend 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 1⁄4 in 1⁄4 in.
Flooring, minimum finished size (in.) ....................................... ⁄ × 23⁄4

12 ⁄ × 23⁄4
12 ⁄ × 23⁄4
12 ⁄ × 3⁄4
12 ⁄ × 23⁄4
12
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
152
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.
153
(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.
154
(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
HORSE SCAFFOLD MEMBERS (6) All unattached tools, bolts, and
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-
dle beams shall be in accordance with (2) Guardrails not less than 2 by 4
paragraph (a) (5) and (9) of this section, inches or the equivalent and not less
and shall be not less than 4 by 6 inches than 36 inches or more than 42 inches
in size, with the greater dimension high, with a mid-rail, when required, of
placed in a vertical direction. Metal 1- by 4-inch lumber or equivalent, and
beams or the equivalent conforming to toeboards, shall be installed at all open
paragraph (a) (4) and (8) of this section sides on all scaffolds more than 10 feet
may be used. above the ground or floor. Toeboards
(2) Ropes or hangers shall be provided shall be a minimum of 4 inches in
for supports. The span between sup- height. Wire mesh shall be installed in
ports on the needle beam shall not ex- accordance with paragraph (a)(17) of
ceed 10 feet for 4- by 6-inch timbers. this section.
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. (1) [Re-
hitch. served]
(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
155
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
156
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 × and scaffolds shall be capable of car-
4-inch, or 1 × 10-inch rough, selected rying the design load under varying
lumber, 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 3⁄4 tion because of the wide variety of ma-
× 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.
157
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
158
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-
159
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.
(4) Workmen shall not ride or step on
(a) Dockboards (bridge plates). (1) Port- logs in steam vats.
able and powered dockboards shall be
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—Exit Routes and
chored or equipped with devices which Emergency Planning
will prevent their slipping.
(3) Powered dockboards shall be de- AUTHORITY: 29 U.S.C. 653, 655, 657; Sec-
signed and constructed in accordance retary of Labor’s Order No. 12–71 (36 FR 8754),
with Commercial Standard CS202–56 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55
(1961) ‘‘Industrial Lifts and Hinged FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017),
5–2002 (67 FR 65008), 5–2007 (72 FR 31160), or 4–
Loading Ramps published by the U.S.
2010 (75 FR 55355), as applicable; and 29 CFR
Department of Commerce, which is in- 1911.
corporated by reference as specified in
§ 1910.6. § 1910.33 Table of contents.
(4) Handholds, or other effective This section lists the sections and
means, shall be provided on portable paragraph headings contained in
dockboards to permit safe handling. §§ 1910.34 through 1910.39.
(5) Positive protection shall be pro-
vided to prevent railroad cars from § 1910.34 Coverage and definitions.
being moved while dockboards or
(a) Every employer is covered.
bridge plates are in position. (b) Exit routes are covered.
(b) Forging machine area. (1) Machines (c) Definitions.
shall be so located as to give (i) enough
clearance between machines so that § 1910.35 Compliance with Alternate Exit Route
the movement of one operator will not Codes.
interfere with the work of another, (ii) § 1910.36 Design and construction requirements
ample room for cleaning machines and for exit routes.
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.
not stand in aisles. (c) Exit discharge.
(2) Aisles shall be provided of suffi- (d) An exit door must be unlocked.
cient width to permit the free move- (e) A side-hinged exit door must be used.
(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.
160
§ 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.
(d) Exit routes must be maintained during
rated enclosed stairway (the Exit).
construction, repairs, or alterations. Exit discharge means the part of the
(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.
(e) Training. Exit route means a continuous and
(f) Review of emergency action plan. unobstructed path of exit travel from
any point within a workplace to a
§ 1910.39 Fire prevention plans. place of safety (including refuge areas).
(a) Application. An exit route consists of three parts:
(b) Written and oral fire prevention plans. The exit access; the exit; and, the exit
(c) Minimum elements of a fire prevention discharge. (An exit route includes all
plan. vertical and horizontal areas along the
(d) Employee information. route.)
[67 FR 67961, Nov. 7, 2002, as amended at 76 High hazard area means an area in-
FR 33606, June 8, 2011] 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 the workplace by the occu-
minimum requirements for exit routes pant load factor for that particular
that employers must provide in their type of workplace occupancy. Informa-
workplace so that employees may tion regarding the ‘‘Occupant load’’ is
evacuate the workplace safely during located in NFPA 101–2009, Life Safety
an emergency. Sections 1910.34 through Code, and in IFC–2009, International
1910.39 also cover the minimum re- Fire Code (incorporated by reference,
quirements for emergency action plans see § 1910.6).
and fire prevention plans. Refuge area means either:
(c) Definitions. (1) A space along an exit route that is
Electroluminescent means a light- protected from the effects of fire by
emitting capacitor. Alternating cur- separation from other spaces within
rent excites phosphor atoms when the building by a barrier with at least
placed between the electrically conduc- a one-hour fire resistance-rating; or
tive surfaces to produce light. This (2) A floor with at least two spaces,
light source is typically contained in- separated from each other by smoke-
side the device. resistant partitions, in a building pro-
Exit means that portion of an exit tected throughout by an automatic
route that is generally separated from sprinkler system that complies with
other areas to provide a protected way § 1910.159 of this part.
of travel to the exit discharge. An ex- Self-luminous means a light source

ample of an exit is a two-hour fire re- that is illuminated by a self-contained
sistance-rated enclosed stairway that power source (e.g., tritium) and that
161
operates independently from external workplace to permit prompt evacu-

power sources. Batteries are not ac- ation of employees and other building
ceptable self-contained power sources. occupants during an emergency, except
The light source is typically contained as allowed in paragraph (b)(3) of this
inside the device. section. The exit routes must be lo-
cated as far away as practical from
[67 FR 67961, Nov. 7, 2002, as amended at 76
FR 33606, June 8, 2011]
each other so that if one exit route is
blocked by fire or smoke, employees
§ 1910.35 Compliance with alternate can evacuate using the second exit
exit-route codes. route.
(2) More than two exit routes. More
OSHA will deem an employer dem-
than two exit routes must be available
onstrating compliance with the exit-
in a workplace if the number of em-
route provisions of NFPA 101, Life
ployees, the size of the building, its oc-
Safety Code, 2009 edition, or the exit- cupancy, or the arrangement of the
route provisions of the International workplace is such that all employees
Fire Code, 2009 edition, to be in compli- would not be able to evacuate safely
ance with the corresponding require- during an emergency.
ments in §§ 1910.34, 1910.36, and 1910.37 (3) A single exit route. A single exit
(incorporated by reference, see section route is permitted where the number of
§ 1910.6). employees, the size of the building, its
[76 FR 33606, June 8, 2011] 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 NOTE TO PARAGRAPH (b) OF THIS SECTION:
must meet the following design and For assistance in determining the number of
construction requirements: exit routes necessary for your workplace,
(1) An exit route must be permanent. consult NFPA 101–2009, Life Safety Code, or
Each exit route must be a permanent IFC–2009, International Fire Code (incor-
part of the workplace. porated by reference, see § 1910.6).
(2) An exit must be separated by fire re- (c) Exit discharge. (1) Each exit dis-
sistant materials. Construction mate- charge must lead directly outside or to
rials used to separate an exit from a street, walkway, refuge area, public
other parts of the workplace must have way, or open space with access to the
a one-hour fire resistance-rating if the outside.
exit connects three or fewer stories and (2) The street, walkway, refuge area,
a two-hour fire resistance-rating if the public way, or open space to which an
exit connects four or more stories. exit discharge leads must be large
(3) Openings into an exit must be lim- enough to accommodate the building
ited. An exit is permitted to have only occupants likely to use the exit route.
those openings necessary to allow ac- (3) Exit stairs that continue beyond
cess to the exit from occupied areas of the level on which the exit discharge is
the workplace, or to the exit discharge. located must be interrupted at that
An opening into an exit must be pro- level by doors, partitions, or other ef-
tected by a self-closing fire door that fective means that clearly indicate the
remains closed or automatically closes direction of travel leading to the exit
in an emergency upon the sounding of discharge.
a fire alarm or employee alarm system. (d) An exit door must be unlocked. (1)
Each fire door, including its frame and Employees must be able to open an exit
hardware, must be listed or approved route door from the inside at all times
by a nationally recognized testing lab- without keys, tools, or special knowl-
oratory. Section 1910.155(c)(3)(iv)(A) of edge. A device such as a panic bar that
this part defines ‘‘listed’’ and § 1910.7 of locks only from the outside is per-
this part defines a ‘‘nationally recog- mitted on exit discharge doors.
nized testing laboratory.’’ (2) Exit route doors must be free of
(b) The number of exit routes must be any device or alarm that could restrict
adequate—(1) Two exit routes. At least emergency use of the exit route if the
two exit routes must be available in a device or alarm fails.
162
(3) An exit route door may be locked (1) The outdoor exit route must have
from the inside only in mental, penal, guardrails to protect unenclosed sides
or correctional facilities and then only if a fall hazard exists;
if supervisory personnel are continu- (2) The outdoor exit route must be
ously on duty and the employer has a covered if snow or ice is likely to accu-
plan to remove occupants from the fa- mulate along the route, unless the em-
cility during an emergency. ployer can demonstrate that any snow
(e) A side-hinged exit door must be or ice accumulation will be removed
used. (1) A side-hinged door must be before it presents a slipping hazard;
used to connect any room to an exit (3) The outdoor exit route must be
route. reasonably straight and have smooth,
(2) The door that connects any room solid, substantially level walkways;
to an exit route must swing out in the and
direction of exit travel if the room is (4) The outdoor exit route must not
designed to be occupied by more than have a dead-end that is longer than 20
50 people or if the room is a high haz- feet (6.2 m).
ard area (i.e., contains contents that
are likely to burn with extreme rapid- [67 FR 67961, Nov. 7, 2002, as amended at 76
ity or explode). FR 33606, June 8, 2011]
(f) The capacity of an exit route must be
adequate. (1) Exit routes must support § 1910.37 Maintenance, safeguards, and
operational features for exit routes.
the maximum permitted occupant load
for each floor served. (a) The danger to employees must be
(2) The capacity of an exit route may minimized. (1) Exit routes must be kept
not decrease in the direction of exit free of explosive or highly flammable
route travel to the exit discharge. furnishings or other decorations.
(2) Exit routes must be arranged so
NOTE TO PARAGRAPH (f) OF THIS SECTION:
Information regarding the ‘‘Occupant load’’ that employees will not have to travel
is located in NFPA 101–2009, Life Safety toward a high hazard area, unless the
Code, and in IFC–2009, International Fire path of travel is effectively shielded
Code (incorporated by reference, see § 1910.6). from the high hazard area by suitable
partitions or other physical barriers.
(g) An exit route must meet minimum
height and width requirements. (1) The (3) Exit routes must be free and unob-
ceiling of an exit route must be at least structed. No materials or equipment
seven feet six inches (2.3 m) high. Any may be placed, either permanently or
projection from the ceiling must not temporarily, within the exit route. The
reach a point less than six feet eight exit access must not go through a room
inches (2.0 m) from the floor. that can be locked, such as a bath-
(2) An exit access must be at least 28 room, to reach an exit or exit dis-
inches (71.1 cm) wide at all points. charge, nor may it lead into a dead-end
Where there is only one exit access corridor. Stairs or a ramp must be pro-
leading to an exit or exit discharge, the vided where the exit route is not sub-
width of the exit and exit discharge stantially level.
must be at least equal to the width of (4) Safeguards designed to protect
the exit access. employees during an emergency (e.g.,
(3) The width of an exit route must sprinkler systems, alarm systems, fire
be sufficient to accommodate the max- doors, exit lighting) must be in proper
imum permitted occupant load of each working order at all times.
floor served by the exit route. (b) Lighting and marking must be ade-
(4) Objects that project into the exit quate and appropriate. (1) Each exit
route must not reduce the width of the route must be adequately lighted so
exit route to less than the minimum that an employee with normal vision
width requirements for exit routes. can see along the exit route.
(h) An outdoor exit route is permitted. (2) Each exit must be clearly visible
Each outdoor exit route must meet the and marked by a sign reading ‘‘Exit.’’
minimum height and width require- (3) Each exit route door must be free
ments for indoor exit routes and must of decorations or signs that obscure the
also meet the following requirements: visibility of the exit route door.
163
(4) If the direction of travel to the maintain an operable employee alarm

exit or exit discharge is not imme- system that has a distinctive signal to
diately apparent, signs must be posted warn employees of fire or other emer-
along the exit access indicating the di- gencies, unless employees can prompt-
rection of travel to the nearest exit ly see or smell a fire or other hazard in
and exit discharge. Additionally, the time to provide adequate warning to
line-of-sight to an exit sign must clear- them. The employee alarm system
ly be visible at all times. must comply with § 1910.165.
(5) Each doorway or passage along an [67 FR 67961, Nov. 7, 2002]
exit access that could be mistaken for
an exit must be marked ‘‘Not an Exit’’ § 1910.38 Emergency action plans.
or similar designation, or be identified (a) Application. An employer must
by a sign indicating its actual use (e.g., have an emergency action plan when-
closet). ever an OSHA standard in this part re-
(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 (6) The name or job title of every em-
occupy. ployee who may be contacted by em-
(2) During repairs or alterations, employees who need more information
ployees must not occupy a workplace about the plan or an explanation of
unless the exit routes required by this their duties under the plan.
subpart are available and existing fire (d) Employee alarm system. An em-
protections are maintained, or until al- ployer must have and maintain an em-
ternate fire protection is furnished ployee alarm system. The employee
that provides an equivalent level of alarm system must use a distinctive
safety. signal for each purpose and comply
(3) Employees must not be exposed to with the requirements in § 1910.165.
hazards of flammable or explosive sub- (e) Training. An employer must des-
stances or equipment used during con- ignate and train employees to assist in
struction, repairs, or alterations, that a safe and orderly evacuation of other
are beyond the normal permissible con- employees.
ditions in the workplace, or that would (f) Review of emergency action plan. An
impede exiting the workplace. employer must review the emergency

(e) An employee alarm system must be action plan with each employee cov-
operable. Employers must install and ered by the plan:
164
Occupational Safety and Health Admin., Labor Pt. 1910, Subpt. E, App.
(1) When the plan is developed or the APPENDIX TO SUBPART E OF PART 1910—
employee is assigned initially to a job; EXIT ROUTES, EMERGENCY ACTION
(2) When the employee’s responsibil- PLANS, AND FIRE PREVENTION
ities under the plan change; and PLANS
(3) When the plan is changed. This appendix serves as a nonmandatory
[67 FR 67961, Nov. 7, 2002] guideline to assist employers in complying
with the appropriate requirements of subpart
E.
§ 1910.39 Fire prevention plans.
(a) Application. An employer must § 1910.38 Employee emergency plans.
have a fire prevention plan when an 1. Emergency action plan elements. The
OSHA standard in this part requires emergency action plan should address emer-
gencies that the employer may reasonably
one. The requirements in this section
expect in the workplace. Examples are: fire;
apply to each such fire prevention plan. toxic chemical releases; hurricanes; torna-
(b) Written and oral fire prevention does; blizzards; floods; and others. The ele-
plans. A fire prevention plan must be in ments of the emergency action plan pre-
writing, be kept in the workplace, and sented in paragraph 1910.38(c) can be supple-
be made available to employees for re- mented by the following to more effectively
achieve employee safety and health in an
view. However, an employer with 10 or emergency. The employer should list in de-
fewer employees may communicate the tail the procedures to be taken by those em-
plan orally to employees. ployees who have been selected to remain be-
(c) Minimum elements of a fire preven- hind to care for essential plant operations
tion plan. A fire prevention plan must until their evacuation becomes absolutely
necessary. Essential plant operations may
include:
include the monitoring of plant power sup-
(1) A list of all major fire hazards, plies, water supplies, and other essential
proper handling and storage procedures services which cannot be shut down for every
for hazardous materials, potential igni- emergency alarm. Essential plant operations
tion sources and their control, and the may also include chemical or manufacturing
type of fire protection equipment nec- processes which must be shut down in stages
or steps where certain employees must be
essary to control each major hazard; present to assure that safe shut down proce-
(2) Procedures to control accumula- dures are completed.
tions of flammable and combustible The use of floor plans or workplace maps
waste materials; which clearly show the emergency escape
(3) Procedures for regular mainte- routes should be included in the emergency
action plan. Color coding will aid employees
nance of safeguards installed on heat- in determining their route assignments.
producing equipment to prevent the ac- The employer should also develop and ex-
cidental ignition of combustible mate- plain in detail what rescue and medical first
rials; aid duties are to be performed and by whom.
(4) The name or job title of employ- All employees are to be told what actions
they are to take in these emergency situa-
ees responsible for maintaining equip- tions that the employer anticipates may
ment to prevent or control sources of occur in the workplace.
ignition or fires; and 2. Emergency evacuation. At the time of an
(5) The name or job title of employ- emergency, employees should know what
ees responsible for the control of fuel type of evacuation is necessary and what
their role is in carrying out the plan. In
source hazards.
some cases where the emergency is very
(d) Employee information. An employer grave, total and immediate evacuation of all
must inform employees upon initial as- employees is necessary. In other emer-
signment to a job of the fire hazards to gencies, a partial evacuation of nonessential
which they are exposed. An employer employees with a delayed evacuation of oth-
must also review with each employee ers may be necessary for continued plant op-
eration. In some cases, only those employees
those parts of the fire prevention plan in the immediate area of the fire may be ex-
necessary for self-protection. pected to evacuate or move to a safe area
such as when a local application fire suppres-
[67 FR 67961, Nov. 7, 2002]
sion system discharge employee alarm is
sounded. Employees must be sure that they

know what is expected of them in all such
emergency possibilities which have been
165
planned in order to provide assurance of 4. Fire prevention housekeeping. The stand-
their safety from fire or other emergency. ard calls for the control of accumulations of
The designation of refuge or safe areas for flammable and combustible waste materials.
evacuation should be determined and identi- It is the intent of this standard to assure
fied in the plan. In a building divided into that hazardous accumulations of combus-
fire zones by fire walls, the refuge area may tible waste materials are controlled so that
still be within the same building but in a dif- a fast developing fire, rapid spread of toxic
ferent zone from where the emergency oc- smoke, or an explosion will not occur. This
curs. does not necessarily mean that each room
Exterior refuge or safe areas may include has to be swept each day. Employers and em-
parking lots, open fields or streets which are ployees should be aware of the hazardous
located away from the site of the emergency properties of materials in their workplaces,
and which provide sufficient space to accom- and the degree of hazard each poses. Cer-
modate the employees. Employees should be tainly oil soaked rags have to be treated dif-
instructed to move away from the exit dis- ferently than general paper trash in office
charge doors of the building, and to avoid areas. However, large accumulations of
congregating close to the building where waste paper or corrugated boxes, etc., can
they may hamper emergency operations. pose a significant fire hazard. Accumulations
3. Emergency action plan training. The em- of materials which can cause large fires or
ployer should assure that an adequate num- generate dense smoke that are easily ignited
ber of employees are available at all times
or may start from spontaneous combustion,
during working hours to act as evacuation
are the types of materials with which this
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
the time of a fire emergency. The employees 5. Maintenance of equipment under the fire
selected or who volunteer to serve as war- prevention plan. Certain equipment is often
dens should be trained in the complete work- installed in workplaces to control heat
place layout and the various alternative es- sources or to detect fuel leaks. An example is
cape routes from the workplace. All wardens a temperature limit switch often found on
and fellow employees should be made aware deep-fat food fryers found in restaurants.
of handicapped employees who may need There may be similar switches for high tem-
extra assistance, such as using the buddy perature dip tanks, or flame failure and
system, and of hazardous areas to be avoided flashback arrester devices on furnaces and
during emergencies. Before leaving, wardens similar heat producing equipment. If these
should check rooms and other enclosed devices are not properly maintained or if
spaces in the workplace for employees who they become inoperative, a definite fire haz-
may be trapped or otherwise unable to evac- ard exists. Again employees and supervisors
uate the area. should be aware of the specific type of con-
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: 29 U.S.C. 653, 655, 657; Sec-
affected employees. When multi-employer retary of Labor’s Order No. 12–71 (36 FR 8754),
building-wide plans are not feasible, employ- 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55
ers should coordinate their plans with the FR 9033), 5–2007 (72 FR 31159), or 1–2012 (77 FR
other employers within the building to as- 3912), as applicable; and 29 CFR part 1911.
sure that conflicts and confusion are avoided
during times of emergencies. In multi-story § 1910.66 Powered platforms for build-
buildings where more than one employer is
ing maintenance.
on a single floor, it is essential that these
employers coordinate their plans with each (a) Scope. This section covers powered
other to avoid conflicts and confusion. platform installations permanently
166
dedicated to interior or exterior build- available information, including, but

ing maintenance of a specific structure not limited to, test data, equipment
or group of structures. This section specifications and verification by a
does not apply to suspended scaffolds registered professional engineer.
(swinging scaffolds) used to service (3) Building owners of all installa-
buildings on a temporary basis and tions, new and existing, shall inform
covered under subpart D of this part, the employer in writing that the in-
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 Cable means a conductor, or group of
capabilities of platforms, building com- conductors, enclosed in a weatherproof
ponents, hoisting and supporting equip- sheath, that may be used to supply
ment; stability factors for carriages, electrical power and/or control current
platforms and supporting equipment; for equipment or to provide voice com-
maximum horizontal force for move- munication circuits.
ment of carriages and davits; design of Carriage means a wheeled vehicle
carriages, hoisting machines, wire rope used for the horizontal movement and
and stabilization systems; and design support of other equipment.
criteria for electrical wiring and equip- Certification means a written, signed
ment. and dated statement confirming the
(2) Building owners shall base the in- performance of a requirement of this
formation required in paragraph (c)(1) section.
of this section on the results of a field Combination cable means a cable hav-
test of the installation before being ing both steel structural members ca-
placed into service and following any pable of supporting the platform, and
major alteration to an existing instal- copper or other electrical conductors
lation, as required in paragraph (g)(1) insulated from each other and the
of this section. The assurance shall structural members by nonconductive
also be based on all other relevant barriers.
167
Competent person means a person who, Interlock means a device designed to

because of training and experience, is ensure that operations or motions
capable of identifying hazardous or occur in proper sequence.
dangerous conditions in powered plat- Intermittent stabilization means a
form installations and of training em- method of platform stabilization in
ployees to identify such conditions. which the angulated suspension wire
Continuous pressure means the need rope(s) are secured to regularly spaced
for constant manual actuation for a building anchors.
control to function. Lanyard means a flexible line of rope,
Control means a mechanism used to wire rope or strap which is used to se-
regulate or guide the operation of the cure the body belt or body harness to a
equipment. deceleration device, lifeline or anchor-
age.
Davit means a device, used singly or
Lifeline means a component con-
in pairs, for suspending a powered plat-
sisting of a flexible line for connection
form from work, storage and rigging
to an anchorage at one end to hang
locations on the building being serv-
vertically (vertical lifeline), or for con-
iced. Unlike outriggers, a davit reacts nection to anchorages at both ends to
its operating load into a single roof stretch horizontally (horizontal life-
socket or carriage attachment. line), and which serves as a means for
Equivalent means alternative designs, connecting other components of a per-
materials or methods which the em- sonal fall arrest system to the anchor-
ployer can demonstrate will provide an age.
equal or greater degree of safety for Live load means the total static
employees than the methods, materials weight of workers, tools, parts, and
or designs specified in the standard. supplies that the equipment is designed
Ground rigging means a method of to support.
suspending a working platform start- Obstruction detector means a control
ing from a safe surface to a point of that will stop the suspended or sup-
suspension above the safe surface. ported unit in the direction of travel if
Ground rigged davit means a davit an obstruction is encountered, and will
which cannot be used to raise a sus- allow the unit to move only in a direc-
pended working platform above the tion away from the obstruction.
building face being serviced. Operating control means a mechanism
Guide button means a building face regulating or guiding the operation of
anchor designed to engage a guide equipment that ensures a specific oper-
track mounted on a platform. ating mode.
Guide roller means a rotating cylin- Operating device means a device actu-
drical member, operating separately or ated manually to activate a control.
as part of a guide assembly, designed to Outrigger means a device, used singly
provide continuous engagement be- or in pairs, for suspending a working
tween the platform and the building platform from work, storage, and rig-
guides or guideways. ging locations on the building being
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.
168
Primary brake means a brake designed Supported equipment means building

to be applied automatically whenever maintenance equipment that is held or
power to the prime mover is inter- moved to its working position by
rupted or discontinued. means of attachment directly to the
Prime mover means the source of me- building or extensions of the building
chanical power for a machine. being maintained.
Rated load means the manufacturer’s Suspended equipment means building
recommended maximum load. maintenance equipment that is sus-
Rated strength means the strength of pended and raised or lowered to its
wire rope, as designated by its manu- working position by means of ropes or
facturer or vendor, based on standard combination cables attached to some
testing procedures or acceptable engi- anchorage above the equipment.
neering design practices. Suspended scaffold (swinging scaffold)
Rated working load means the com- means a scaffold supported on wire or
bined static weight of men, materials, other ropes, used for work on, or for
and suspended or supported equipment. providing access to, vertical sides of
Registered professional engineer means structures on a temporary basis. Such
a person who has been duly and cur- scaffold is not designed for use on a
rently registered and licensed by an au- specific structure or group of struc-
thority within the United States or its tures.
territories to practice the profession of Tail line means the nonsupporting
engineering. end of the wire rope used to suspend
Roof powered platform means a work- the platform.
ing platform where the hoist(s) used to Tie-in guides means the portion of a
raise or lower the platform is located building that provides continuous posi-
on the roof. tive engagement between the building
Roof rigged davit means a davit used and a suspended or supported unit dur-
to raise the suspended working plating its vertical travel on the face of the
form above the building face being building.
serviced. This type of davit can also be Traction hoist means a type of hoist-
used to raise a suspended working plating machine that does not accumulate
form which has been ground-rigged. the suspension wire rope on the hoist-
Rope means the equipment used to ing drum or sheave, and is designed to
suspend a component of an equipment raise and lower a suspended load by the
installation, i.e., wire rope. application of friction forces between
Safe surface means a horizontal sur- the suspension wire rope and the drum
face intended to be occupied by per- or sheave.
sonnel, which is so protected by a fall Transportable outriggers means out-
protection system that it can be rea- riggers designed to be moved from one
sonably assured that said occupants work location to another.
will be protected against falls. Trolley carriage means a carriage sus-
Secondary brake means a brake depended from an overhead track struc-
signed to arrest the descent of the sus- ture.
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
169
manned by persons engaged in building (A) Intermittent stabilization sys-

maintenance. tem. The system shall keep the equip-
Wrap means one complete turn of the ment in continuous contact with the
suspension wire rope around the sur- building facade, and shall prevent sud-
face of a hoist drum. den horizontal movement of the plat-
(e) Powered platform installations—Af- form. The system may be used together
fected parts of buildings—(1) General re- with continuous positive building guide
quirements. The following requirements systems using tie-in guides on the
apply to affected parts of buildings same building, provided the require-
which utilize working platforms for ments for each system are met.
building maintenance. (1) The maximum vertical interval
(i) Structural supports, tie-downs, between building anchors shall be three
tie-in guides, anchoring devices and floors or 50 feet (15.3 m), whichever is
any affected parts of the building in- less.
cluded in the installation shall be de- (2) Building anchors shall be located
signed by or under the direction of a vertically so that attachment of the
registered professional engineer experi- stabilizer ties will not cause the plat-
enced in such design; form suspension ropes to angulate the
(ii) Exterior installations shall be ca- platform horizontally across the face of
pable of withstanding prevailing cli- the building. The anchors shall be posi-
matic conditions; tioned horizontally on the building
(iii) The building installation shall face so as to be symmetrical about the
provide safe access to, and egress from, platform suspension ropes.
the equipment and sufficient space to (3) Building anchors shall be easily
conduct necessary maintenance of the visible to employees and shall allow a
equipment; stabilizer tie attachment for each of
(iv) The affected parts of the building the platform suspension ropes at each
shall have the capability of sustaining vertical interval. If more than two sus-
all the loads imposed by the equip- pension ropes are used on a platform,
ment; and, only the two building-side suspension
(v) The affected parts of the building ropes at the platform ends shall require
shall be designed so as to allow the a stabilizer attachment.
equipment to be used without exposing (4) Building anchors which extend be-
employees to a hazardous condition. yond the face of the building shall be
(2) Tie-in guides. (i) The exterior of
free of sharp edges or points. Where ca-
each building shall be provided with
bles, suspension wire ropes and lifelines
tie-in guides unless the conditions in
may be in contact with the building
paragraph (e)(2)(ii) or (e)(2)(iii) of this
face, external building anchors shall
section are met.
not interfere with their handling or op-
NOTE: See figure 1 in appendix B of this eration.
section for a description of a typical contin- (5) The intermittent stabilization
uous stabilization system utilizing tie-in system building anchors and compo-
guides.
nents shall be capable of sustaining
(ii) If angulated roping is employed, without failure at least four times the
tie-in guides required in paragraph maximum anticipated load applied or
(e)(2)(i) of this section may be elimi- transmitted to the components and an-
nated for not more than 75 feet (22.9 m) chors. The minimum design wind load
of the uppermost elevation of the for each anchor shall be 300 (1334 n)
building, if infeasible due to exterior pounds, if two anchors share the wind
building design, provided an angulation load.
force of at least 10 pounds (44.4 n) is (6) The building anchors and sta-
maintained under all conditions of bilizer ties shall be capable of sus-
loading. taining anticipated horizontal and
(iii) Tie-in guides required in para- vertical loads from winds specified for
graph (e)(2)(i) of this section may be roof storage design which may act on
eliminated if one of the guide systems the platform and wire ropes if the plat-
in paragraph (e)(2)(iii)(A), (e)(2)(iii)(B) form is stranded on a building face. If

or (e)(2)(iii)(C) of this section is pro- the building anchors have different
vided, or an equivalent. spacing than the suspension wire rope
170
or if the building requires different sus- platform maintains no less than 10

pension spacings on one platform, one pounds (44.4 n) angulation force on the
building anchor and stabilizer tie shall building facade.
be capable of sustaining the wind loads. (iv) Tie-in guides for building inte-
NOTE: See figure 2 in appendix B of this
riors (atriums) may be eliminated
section for a description of a typical inter- when a registered professional engineer
mittent stabilization system. determines that an alternative sta-
bilization system, including systems in
(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. (ii) The perimeter guard shall not be
(3) Guide buttons shall be located in more than six inches (152 mm) inboard
vertical rows on the building face for of the inside face of a barrier, i.e. the
proper engagement of the guide tracks parapet wall, or roof edge curb of the
mounted on the platform. building being serviced; however, the
(4) Two guide buttons shall engage perimeter guard location shall not ex-
each guide track at all times except for ceed an 18 inch (457 mm) setback from
the initial engagement. the exterior building face.
(5) Guide buttons which extend be- (4) Equipment stops. Operational areas
yond the face of the building shall be for trackless type equipment shall be
free of sharp edges or points. Where ca- provided with structural stops, such as
bles, ropes and lifelines may be in con- curbs, to prevent equipment from trav-
tact with the building face, guide but- eling outside its intended travel areas
tons shall not interfere with their han- and to prevent a crushing or shearing
dling or operation. hazard.
(6) Guide buttons, connections and (5) Maintenance access. Means shall be
seals shall be capable of sustaining provided to traverse all carriages and
without damage at least the weight of their suspended equipment to a safe
the platform, or provision shall be area for maintenance and storage.
made in the guide tracks or guide (6) Elevated track. (i) An elevated
track connectors to prevent the plat- track system which is located four feet
form and its attachments from trans- (1.2 m) or more above a safe surface,
mitting the weight of the platform to and traversed by carriage supported
the guide buttons, connections and equipment, shall be provided with a
seals. In either case, the minimum de- walkway and guardrail system; or
sign load shall be 300 pounds (1334 n) (ii) The working platform shall be ca-
per building anchor. pable of being lowered, as part of its
NOTE: See paragraph (f)(5)(vi) of this sec- normal operation, to the lower safe
tion for relevant equipment provisions. surface for access and egress of the per-
NOTE: See figure 3 in appendix B of this sonnel and shall be provided with a safe
section for a description of a typical button means of access and egress to the lower
guide stabilization system.
safe surface.
(C) System utilizing angulated roping (7) Tie-down anchors. Imbedded tie-
and building face rollers. The system down anchors, fasteners, and affected
shall keep the equipment in continuous structures shall be resistant to corro-
contact with the building facade, and sion.
shall prevent sudden horizontal move- (8) Cable stabilization. (i) Hanging life-
ment of the platform. This system is lines and all cables not in tension shall
acceptable only where the suspended be stabilized at each 200 foot (61 m) in-
portion of the equipment in use does terval of vertical travel of the working
not exceed 130 feet (39.6 m) above a safe platform beyond an initial 200 foot (61
surface or ground level, and where the m) distance.
171
(ii) Hanging cables, other than sus- (iv) The power circuit shall be pro-
pended wire ropes, which are in con- vided with a disconnect switch that
stant tension shall be stabilized when can be locked in the ‘‘OFF’’ and ‘‘ON’’
the vertical travel exceeds an initial positions. The switch shall be conven-
600 foot (183 m) distance, and at further iently located with respect to the pri-
intervals of 600 feet (183 m) or less. mary operating area of the equipment
(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
that employees inform themselves between the equipment operators and
about the building emergency escape persons stationed within the building
routes, procedures and alarm systems being serviced. The communications
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 kg) for each occupant of a suspended or
through 1910.308 of this part, unless supported platform;
otherwise specified in this section; (iii) Equipment that is exposed to
(ii) Building electrical wiring shall be wind when not in service shall be de-
of such capacity that when full load is signed to withstand forces generated
applied to the equipment power circuit
by winds of at least 100 miles per hour
not more than a five percent drop from
(44.7 m/s) at 30 feet (9.2 m) above grade;
building service-vault voltage shall
and
occur at any power circuit outlet used
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 be suspended by a carriage, outriggers,
system; davits or an equivalent method.
172
(i) Carriages. Carriages used for sus- ropes suspending the working platform,
pension of elevated building mainte- and this calculated value shall include
nance equipment shall comply with the the effect of one and one-half times the
following: stall capacity of the hoist motor. All
(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
(444.8 n); (H) An automatically applied braking
(D) Structural stops and curbs shall or locking system, or equivalent, shall
be provided to prevent the traversing be provided that will prevent uninten-
of the carriage beyond its designed lim- tional traversing of power traversed or
its of travel; power assisted carriages;
(E) Traversing controls for a powered (I) A manual or automatic braking or
carriage shall be of a continuous pres- locking system or equivalent, shall be
sure weatherproof type. Multiple con- provided that will prevent uninten-
trols when provided shall be arranged tional traversing of manually propelled
to permit operation from only one con- carriages;
trol station at a time. An emergency (J) A means to lock out the power
stop device shall be provided on each supply for the carriage shall be pro-
end of a powered carriage for inter- vided;
rupting power to the carriage drive mo- (K) Safe access to and egress from
tors; the carriage shall be provided from a
(F) The operating controls(s) shall be safe surface. If the carriage traverses
so connected that in the case of sus- an elevated area, any operating area on
pended equipment, traversing of a car- the carriage shall be protected by a
riage is not possible until the sus- guardrail system in compliance with
pended portion of the equipment is lo- the provisions of paragraph (f)(5)(i)(F)
cated at its uppermost designed posi- of this section. Any access gate shall
tion for traversing; and is free of con- be self-closing and self-latching, or pro-
tact with the face of the building or vided with an interlock;
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
carriages shall be obtained by gravity, (M) The motors shall stall if the load
by an attachment to a structural sup- on the hoist motors is at any time in
port, or by a combination of gravity excess of three times that necessary for
and a structural support. The use of lifting the working platform with its
flowing counterweights to achieve sta- rated load.
bility is prohibited. (ii) Transportable outriggers. (A)
(1) The stability factor against over- Transportable outriggers may be used
turning shall not be less than two for as a method of suspension for ground
horizontal traversing of the carriage, rigged working platforms where the
including the effects of impact and point of suspension does not exceed 300
wind. feet (91.5 m) above a safe surface. Tie-
(2) The carriages and their anchor- in guide system(s) shall be provided
ages shall be capable of resisting acci- which meet the requirements of para-
dental over-tensioning of the wire graph (e)(2) of this section.
173
(B) Transportable outriggers shall be vided which meet the requirements of

used only with self-powered, ground paragraph (e)(2) of this section;
rigged working platforms. (2) Access and egress to and from the
(C) Each transportable outrigger working platform shall only be from a
shall be secured with a tie-down to a safe surface below the point of suspen-
verified anchorage on the building dur- sion.
ing the entire period of its use. The an- (D) A rotating davit shall not require
chorage shall be designed to have a sta- a horizontal force in excess of 40
bility factor of not less than four pounds (177.9 n) per person to initiate a
against overturning or upsetting of the rotating movement.
outrigger. (E) The following requirements shall
(D) Access to and egress from the apply to transportable davits:
working platform shall be from and to (1) A davit or part of a davit weighing
a safe surface below the point of sus- more than 80 pounds (36 kg) shall be
pension. provided with a means for its trans-
(E) Each transportable outrigger port, which shall keep the center of
shall be designed for lateral stability gravity of the davit at or below 36
to prevent roll-over in the event an ac- inches (914 mm) above the safe surface
cidental lateral load is applied to the during transport;
outrigger. The accidental lateral load (2) A davit shall be provided with a
to be considered in this design shall be pivoting socket or with a base that will
not less than 70 percent of the rated allow the insertion or removal of a
load of the hoist. davit at a position of not more than 35
(F) Each transportable outrigger degrees above the horizontal, with the
shall be designed to support an ulti- complete davit inboard of the building
mate load of not less than four times face being serviced; and
the rated load of the hoist. (3) Means shall be provided to lock
(G) Each transportable outrigger the davit to its socket or base before it
shall be so located that the suspension is used to suspend the platform.
wire ropes for two point suspended (4) Hoisting machines. (i) Raising and
working platforms are hung parallel. lowering of suspended or supported
(H) A transportable outrigger shall equipment shall be performed only by a
be tied-back to a verified anchorage on hoisting machine.
the building with a rope equivalent in (ii) Each hoisting machine shall be
strength to the suspension rope. 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.
174
(ix) Each hoisting machine shall be (F) Each working platform of a sus-
provided with a primary brake and at pended unit shall be secured to the
least one independent secondary brake, building facade by one or more of the
each capable of stopping and holding following methods, or by an equivalent
not less than 125 percent of the lifting method:
capacity of the hoist. (1) Continuous engagement to build-
(A) The primary brake shall be di- ing anchors as provided in paragraph
rectly connected to the drive train of (e)(2)(i) of this section;
the hoisting machine, and shall not be (2) Intermittent engagement to build-
connected through belts, chains, ing anchors as provided in paragraph
clutches, or set screw type devices. The (e)(2)(iii)(A) of this section;
brake shall automatically set when (3) Button guide engagement as pro-
power to the prime mover is inter- vided in paragraph (e)(2)(iii)(B) of this
rupted. section; or
(B)(1) The secondary brake shall be (4) Angulated roping and building
an automatic emergency type of brake face rollers as provided in paragraph
that, if actuated during each stopping (e)(2)(iii)(C) of this section.
cycle, shall not engage before the hoist (G) Each working platform of a sus-
is stopped by the primary brake. pended unit shall be provided with a
(2) When a secondary brake is actu- guardrail system on all sides which
ated, it shall stop and hold the plat- shall meet the following requirements:
form within a vertical distance of 24
(1) The system shall consist of a top
inches (609.6 mm).
guardrail, midrail, and a toeboard;
(x) Any component of a hoisting ma-
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.
175
(8) Toeboards shall be solid or with directly on a safe surface, shall be pro-
an opening not over one inch (2.5 cm) vided by stairs, ladders, platforms and
in the greatest dimension. runways conforming to the provisions
(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
platform. ondary wire rope suspension is used,
(E) All operating controls for the vertical lifelines are not required for
vertical travel of the platform shall be the fall arrest system, provided that
of the continuous-pressure type, and each employee is attached to a hori-
shall be located on the platform. zontal lifeline anchored to the plat-
(F) Each operating station of every form.
working platform shall be provided (N) An emergency electric operating
with a means of interrupting the power device shall be provided on roof pow-
supply to all hoist motors to stop any ered platforms near the hoisting ma-
further powered ascent or descent of chine for use in the event of failure of
the platform. the normal operating device located on
(G) The maximum rated speed of the the working platform, or failure of the
platform shall not exceed 50 feet per cable connected to the platform. The
minute (0.3 ms) with single speed emergency electric operating device
hoists, nor 75 feet per minute (0.4 ms) shall be mounted in a secured compart-
with multi-speed hoists. ment, and the compartment shall be la-
(H) Provisions shall be made for se- beled with instructions for use. A
curing all tools, water tanks, and other means for opening the compartment
accessories to prevent their movement shall be mounted in a break-glass
or accumulation on the floor of the receptable located near the emergency
platform. electric operating device or in an
(I) Portable fire extinguishers con- equivalent secure and accessible loca-
forming to the provisions of §§ 1910.155 tion.
and 1910.157 of this part shall be pro- (iii) Single point suspended working
vided and securely attached on all platforms. (A) The requirements of
working platforms. paragraphs (f)(5)(ii) (A) through (K) of

(J) Access to and egress from a work- this section shall also apply to a single
ing platfrom, except for those that land point working platform.
176
(B) Each single point suspended (H) The platform-mounted equipment

working platform shall be provided and its suspension wire ropes shall not
with a secondary wire rope suspension be physically damaged by the loads
system, which will prevent the working from the stabilizer tie or its building
platform from falling should there be a anchor. The platform, platform mount-
failure of the primary means of sup- ed equipment and wire ropes shall be
port, or if the platform contains over- able to withstand a load that is at least
head structures which restrict the twice the ultimate strength of the sta-
egress of the employees. A horizontal bilizer tie.
life line or a direct connection anchor- NOTE: See figure II in appendix B of this
age shall be provided, as part of a fall section for a description of a typical inter-
arrest system which meets the require- mittent stabilization system.
ments of appendix C, for each employee (vi) Button-guide stabilized platforms.
on the platform. (A) The platform shall comply with
(iv) Ground-rigged working platforms. paragraphs (f)(5)(ii) (A) through (M) of
(A) Groundrigged working platforms this section.
shall comply with all the requirements (B) Each guide track on the platform
of paragraphs (f)(5)(ii) (A) through (M) shall engage a minimum of two guide
of this section. buttons during any vertical travel of
(B) After each day’s use, the power the platform following the initial but-
supply within the building shall be dis- ton engagement.
connected from a ground-rigged work- (C) Each guide track on a platform
ing platform, and the platform shall be that is part of a roof rigged system
either disengaged from its suspension shall be provided with a storage posi-
points or secured and stored at grade. tion on the platform.
(v) Intermittently stabilized platforms. (D) Each guide track on the platform
(A) The platform shall comply with shall be sufficiently maneuverable by
paragraphs (F)(5)(ii) (A) through (M) of platform occupants to permit easy en-
this section. gagement of the guide buttons, and
(B) Each stabilizer tie shall be easy movement into and out of its stor-
equipped with a ‘‘quick connect-quick age position on the platform.
disconnect’’ device which cannot be (E) Two guide tracks shall be mount-
accidently disengaged, for attachment ed on the platform and shall provide
to the building anchor, and shall be re- continuous contact with the building
sistant to adverse environmental con- face.
ditions. (F) The load carrying components of
(C) The platform shall be provided the button guide stabilization system
with a stopping device that will inter- which transmit the load into the plat-
rupt the hoist power supply in the form shall be capable of supporting the
event the platform contacts a sta- weight of the platform, or provision
bilizer tie during its ascent. shall be made in the guide track con-
(D) Building face rollers shall not be nectors or platform attachments to
placed at the anchor setting if exterior prevent the weight of the platform
anchors are used on the building face. from being transmitted to the platform
(E) Stabilizer ties used on intermit- attachments.
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
177
ensure that the drive wheels are con- (B) Construction classification;
tinuously held in positive engagement (C) Whether non-preformed or
with the building guides. preformed;
(iii) Launch guide mullions indexed (D) The grade of material;
to the building guides and retained in (E) The manufacturer’s rated
alignment with the building guides strength;
shall be used to align drive wheels en- (F) The manufacturer’s name;
tering the building guides. (G) The month and year the ropes
(iv) Manned platforms used on sup- were installed; and
ported equipment shall comply with (H) The name of the person or com-
the requirements of paragraphs pany which installed the ropes.
(f)(5)(ii)(A), (f)(5)(ii)(B), and (f)(5)(ii) (D) (vii) A new tag shall be installed at
through (K) of this section covering each rope renewal.
suspended equipment. (viii) The original tag shall be
(7) Suspension wire ropes and rope con- stamped with the date of the
nections. (i) Each specific installation resocketing, or the original tag shall
shall use suspension wire ropes or com- be retained and a supplemental tag
bination cable and connections meet- shall be provided when ropes are
ing the specification recommended by resocketed. The supplemental tag shall
the manufacturer of the hoisting ma- show the date of resocketing and the
chine used. Connections shall be capa- name of the person or company that
ble of developing at least 80 percent of resocketed the rope.
the rated breaking strength of the wire (ix) Winding drum type hoists shall
rope. contain at least three wraps of the sus-
(ii) Each suspension rope shall have a pension wire rope on the drum when
‘‘Design Factor’’ of at least 10. The the suspended unit has reached the
‘‘Design Factor’’ is the ratio of the lowest possible point of its vertical
rated strength of the suspension wire travel.
rope to the rated working load, and (x) Traction drum and sheave type
shall be calculated using the following hoists shall be provided with a wire
formula: rope of sufficient length to reach the
lowest possible point of vertical travel
of the suspended unit, and an addi-
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 (xii) Babbitted fastenings for suspen-
suspension rope sion wire rope are prohibited.
N = Number of suspension ropes under load (8) Control circuits, power circuits and
W = Rated working load on all ropes at any their components. (i) Electrical wiring
point of travel 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 cated so that they do not come into
5⁄16 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,
178
ER25SE06.005</MATH>
independent of the direction control rupt the equipment travel in the

circuit, for breaking the power circuit ‘‘down’’ direction.
in case of an emergency or malfunc- (g) Inspection and tests—(1) Installa-
tion. tions and alterations. All completed
(v) Suspended or supported equip- building maintenance equipment in-
ment shall have a control system stallations shall be inspected and test-
which will require the operator of the ed in the field before being placed in
equipment to follow predetermined initial service to determine that all
procedures. parts of the installation conform to ap-
(vi) The following requirements shall plicable requirements of this standard,
apply to electrical protection devices: and that all safety and operating
(A) On installations where the car- equipment is functioning as required. A
riage does not have a stability factor of similar inspection and test shall be
at least four against overturning, elec- made following any major alteration to
trical contact(s) shall be provided and an existing installation. No hoist in an
so connected that the operating devices installation shall be subjected to a load
for the suspended or supported equip- in excess of 125 percent of its rated
ment shall be operative only when the load.
carriage is located and mechanically (2) Periodic inspections and tests. (i)
retained at an established operating Related building supporting structures
shall undergo periodic inspection by a
point.
competent person at intervals not ex-
(B) Overload protection shall be pro-
ceeding 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,
179
where necessary, a test shall be made (ii) Suspension wire rope shall be in-
of each platform installation every 30 spected by a competent person for visi-
days, or where the work cycle is less ble defects and gross damage to the
than 30 days such inspection and/or rope before every use and after each oc-
test shall be made prior to each work currence which might affect the wire
cycle. This inspection and test shall rope’s integrity.
follow procedures recommended by the (iii) A thorough inspection of suspen-
manufacturer, and shall be made by a sion wire ropes in service shall be made
competent person. once a month. Suspension wire ropes
(ii) The building owner shall keep a that have been inactive for 30 days or
certification record of each inspection longer shall have a thorough inspection
and test performed under paragraph before they are placed into service.
(g)(3)(i) of this section. The certifi- These thorough inspections of suspen-
cation record shall include the date of sion wire ropes shall be performed by a
the inspection and test, the signature competent person.
of the person who performed the in- (iv) The need for replacement of a
spection and/or test, and an identifier suspension wire rope shall be deter-
for the platform installation which was mined by inspection and shall be based
inspected. The certification record on the condition of the wire rope. Any
shall be kept readily available for re- of the following conditions or combina-
view by the Assistant Secretary of tion of conditions will be cause for re-
Labor or the Assistant Secretary’s rep- moval of the wire rope:
resentative and by the employer. (A) Broken wires exceeding three
(4) Special inspection of governors and wires in one strand or six wires in one
secondary brakes. (i) Governors and sec- rope lay;
ondary brakes shall be inspected and (B) Distortion of rope structure such
tested at intervals specified by the as would result from crushing or
manufacturer/supplier but not to ex- kinking;
ceed every 12 months. (C) Evidence of heat damage;
(ii) The results of the inspection and (D) Evidence of rope deterioration
test shall confirm that the initiating from corrosion;
device for the secondary braking sys- (E) A broken wire within 18 inches
tem operates at the proper overspeed. (460.8 mm) of the end attachments;
(iii) The results of the inspection and (F) Noticeable rusting and pitting;
test shall confirm that the secondary (G) Evidence of core failure (a length-
brake is functioning properly. ening of rope lay, protrusion of the
(iv) If any hoisting machine or initi- rope core and a reduction in rope di-
ating device for the secondary brake ameter suggests core failure); or
system is removed from the equipment (H) More than one valley break (bro-
for testing, all reinstalled and directly ken wire).
related components shall be rein- (I) Outer wire wear exceeds one-third
spected prior to returning the equip- of the original outer wire diameter.
ment installation to service. (J) Any other condition which the
(v) Inspection of governors and sec- competent person determines has sig-
ondary brakes shall be performed by a nificantly affected the integrity of the
competent person. rope.
(vi) The secondary brake governor (v) The building owner shall keep a
and actuation device shall be tested be- certification record of each monthly
fore each day’s use. Where testing is inspection of a suspension wire rope as
not feasible, a visual inspection of the required in paragraph (g)(5)(iii) of this
brake shall be made instead to ensure section. The record shall include the
that it is free to operate. date of the inspection, the signature of
(5) Suspension wire rope maintenance, the person who performed the inspec-
inspection and replacement. (i) Suspen- tion, and a number, or other identifier,
sion wire rope shall be maintained and of the wire rope which was inspected.
used in accordance with procedures This record of inspection shall be made

recommended by the wire rope manu- available for review by the Assistant
facturer. Secretary of Labor or the Assistant
180
Secretary’s representative and by the similarly be maintained in proper

employer. working order.
(6) Hoist inspection. Before lowering (7) Inoperative safety devices. No per-
personnel below the top elevation of son shall render a required safety de-
the building, the hoist shall be tested vice or electrical protective device in-
each day in the lifting direction with operative, except as necessary for
the intended load to make certain it tests, inspections, and maintenance.
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
181
the training and the date that training (vii) Tools, materials and debris not
was completed. The certification related to the work in progress shall
record shall be prepared at the comple- not be allowed to accumulate on plat-
tion of the training required in para- forms. Stabilizer ties shall be located
graph (i)(1)(ii) of this section, and shall so as to allow unencumbered passage
be maintained in a file for the duration along the full length of the platform
of the employee’s employment. The and shall be of such length so as not to
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
taken to protect the platform, wire the indicated provision of the standard. Em-
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,
contacted by the heat producing proc- etc.), established by nationally recognized
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.
(v) The platform shall not be oper- AA—The Aluminum Association, 818 Con-
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,
(vi) On exterior installations, an ane- IL 60611
mometer shall be mounted on the plat- ANSI—American National Standards Insti-
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
182
ASTM—American Society for Testing and used. Consideration should also be given to
Materials, 1916 Race Street, Philadelphia, the use of ties which are easily installed by
PA 19103 employees, since this will encourage their
AWS—American Welding Society, Inc., Box use.
351040, 550 NW. LeJeunne Road, Miami, FL 7. Intermittent stabilization system. Intermit-
33126 tent stabilization systems may use different
JIC—Joint Industrial Council, 2139 Wisconsin equipment, tie-in devices and methods to re-
Avenue NW., Washington, DC 20007 strict the horizontal movement of a powered
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,
wire rope angulation, and the wind velocities Figure 2 of appendix B illustrates another
in the building area. Another factor to con- type of acceptable intermittent stabilization
sider is the material of the building face, system which utilizes retaining pins as the
since this material may be adversely af- quick connect-quick disconnect device in the
fected by the building rollers. stabilizer tie.
External or indented type building anchors 8. Wire Rope Inspection. The inspection of
are acceptable. Receptacles in the building the suspension wire rope is important since
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
183
listing serves as a user’s guide to the accept- In addition, the training program should
ed standards by which ropes must be judged. also include emergency action plan ele-
Rope life can be prolonged if preventive ments. OSHA brochure #1B3088 (Rev.) 1985,
maintenance is performed regularly. Cutting ‘‘How to Prepare for Workplace Emer-
off an appropriate length of rope at the end gencies,’’ details the basic steps needed to
termination before the core degrades and prepare to handle emergencies in the work-
valley breaks appear minimizes degradation place.
at these sections. Following the completion of a training
9. General Maintenance. In meeting the gen- program, the employee should be required to
eral maintenance requirement in paragraph demonstrate competency in operating the
(h)(1) of the standard, the employer should equipment safely. Supplemental training of
undertake the prompt replacement of bro- the employee should be provided by the em-
ken, worn and damaged parts, switch con- ployer, as necessary, if the equipment used
tacts, brushes, and short flexible conductors or other working conditions should change.
of electrical devices. The components of the An employee who is required to work with
electrical service system and traveling ca- chemical products on a platform should re-
bles should be replaced when damaged or sig- ceive training in proper cleaning procedures,
nificantly abraded. In addition, gears, shafts, and in the hazards, care and handling of
bearings, brakes and hoisting drums should these products. In addition, the employee
be kept in proper alignment. should be supplied with the appropriate per-
10. Training. In meeting the training re-
sonal protective equipment, such as gloves
quirement of paragraph (i)(1) of the standard,
and eye and face protection.
employers should use both on the job train-
11. Suspension and Securing of Powered Plat-
ing and formal classroom training. The writ-
forms (Equivalency). One acceptable method
ten work procedures used for this training
of demonstrating the equivalency of a meth-
should be obtained from the manufacturer, if
od of suspending or securing a powered plat-
possible, or prepared as necessary for the em-
form, as required in paragraphs (e)(2)(iii),
ployee’s information and use.
Employees who will operate powered plat- (f)(3) and (f)(5)(i)(F), is to provide an engi-
forms with intermittent stabilization sys- neering analysis by a registered professional
tems should receive instruction in the spe- engineer. The analysis should demonstrate
cific ascent and descent procedures involving that the proposed method will provide an
the assembly and disassembly of the sta- equal or greater degree of safety for employ-
bilizer ties. ees than any one of the methods specified in
An acceptable training program should the standard.
also include employee instruction in basic APPENDIX B TO § 1910.66—EXHIBITS (ADVISORY)
inspection procedures for the purpose of de-
termining the need for repair and replace- The three drawings in appendix B illus-
ment of platform equipment. In addition, the trate typical platform stabilization systems
program should cover the inspection, care which are addressed in the standard. The
and use of the personal fall protection equip- drawings are to be used for reference pur-
ment required in paragraph (j)(1) of the poses only, and do not illustrate all the man-
standard. datory requirements for each system.
184
185
EC27OC91.012</GPH>
186
EC27OC91.013</GPH>
187
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.
188
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
189
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.
190
(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
191
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
192
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
193
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- NOTE: All existing installations subject to
ployee is fully stopped. The additional stop- this appendix shall also comply with para-
ping distance may be very significant if the
graphs (g), (h), (i), (j) and appendix C of the
lanyard or deceleration device is attached
standard 29 CFR 1910.66.
near or at the end of a long lifeline, which
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 (2) ANSI. American National Standards In-
terminated to prevent the device from slid- stitute.
ing off the lifeline. Alternatively, the lifeline (3) Babbitted fastenings. The method of pro-
should extend to the ground or the next viding wire rope attachments in which the
working level below. These measures are
ends of the wire strands are bent back and
suggested to prevent the worker from inad-
are held in a tapered socket by means of
vertently moving past the end of the lifeline
poured molten babbitt metal.
and having the rope grab become disengaged
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 (7) Building face rollers. A specialized form
from sliding down the lifeline to a position
of guide roller designed to contact a portion
which creates a swing hazard during fall ar-
of the outer face or wall structure of the
rest. In all cases, manufacturer’s instruc-
building, and to assist in stabilizing the op-
tions should be followed.
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.
194
(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 of
eration of some other device with which it is the ‘‘American National Standard Safety Re-
directly associated, to govern succeeding op- quirements for Powered Platforms for Exte-
erations of the same or allied devices. rior Building Maintenance ANSI A120.1–1970’’
(15) Operating device. A pushbutton, lever, and of this appendix. References shall be
or other manual device used to actuate a 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
195
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
196
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
of the nonskid type, and if of open construc- (18) Hoisting motors. (i) Hoisting motors
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.
197
(vi) The lengthening or repairing of wire grounded and the electric cable shall include
rope by the joining of two or more lengths is a grounding conductor. The receptacle and
prohibited. plug shall be a type designed to avoid hazard
(vii) The nondrum ends of the hoisting to persons inserting or withdrawing the plug.
ropes shall be provided with individual Provision shall be made to prevent applica-
shackle rods which will permit individual ad- tion of cable strain directly to the plug and
justment of rope lengths, if required. receptacle.
(viii) More than two reverse bends in each (vii) Electric runway conductor systems
rope is prohibited. shall be of the type designed for use in exte-
(21) Rope tag data. (i) A metal data tag rior locations and shall be located so as not
shall be securely attached to one of the wire to be subject to contact with water or accu-
rope fastenings. This data tag shall bear the mulated snow. The conductors, collectors,
following wire rope data: and disconnecting means shall conform to
(a) The diameter in inches. the same requirements as those for cranes
(b) Construction classification. and hoists in subpart S of this Part. A
(c) Whether nonpreformed or preformed. grounded conductor shall parallel the power
(d) The grade of material used. conductors and be so connected that it can-
(e) The manufacturer’s rated breaking not be opened by the disconnecting means.
strength. The system shall be designed to avoid hazard
(f) Name of the manufacturer of the rope. to persons in the area.
(g) The month and year the ropes were in- (viii) Electrical protective devices and
stalled. interlocks of the weatherproof type shall be
(22) Electrical wiring and equipment. (i) All provided.
electrical equipment and wiring shall con- (ix) Where the installation includes a roof
form to the requirements of subpart S of this car, electric contact(s) shall be provided and
Part, except as modified by ANSI A120.1— so connected that the operating devices for
1970 ‘‘American National Standard Safety the working platform shall be operative only
Requirements for Powered Platforms for Ex- when the roof car is located and mechani-
terior Building Maintenance’’ (see § 1910.6). cally retained at an established operating
For detail design specifications for electrical point.
equipment, see part 2, ANSI A120.1–1970. (x) Where the powered platform includes a
(ii) All motors and operation and control powered-operated roof car, the operating de-
equipment shall be supplied from a single vice for the roof car shall be inoperative
power source. when the roof car is mechanically retained
(iii) The power supply for the powered plat- at an established operating point.
form shall be an independent circuit supplied (xi) An electric contact shall be provided
through a fused disconnect switch. and so connected that it will cause the down
(iv) Electrical conductor parts of the power direction relay for vertical travel to open if
supply system shall be protected against ac- the tension in the traveling cable exceeds
cidental contact. safe limits.
(v) Electrical grounding shall be provided. (xii) An automatic overload device shall be
(a) Provisions for electrical grounding provided to cut off the electrical power to
shall be included with the power-supply sys- the circuit in all hoisting motors for travel
tem. in the up direction, should the load applied
(b) Controller cabinets, motor frames, to the hoisting ropes at either end of the
hoisting machines, the working platform, working platform exceed 125 percent of its
roof car and roof car track system, and non- normal tension with rated load, as shown on
current carrying parts of electrical equip- the manufacturer’s data plate on the work-
ment, where provided, shall be grounded. ing platform.
(c) The controller, where used, shall be so (xiii) An automatic device shall be pro-
designed and installed that a single ground vided for each hoisting rope which will cut
or short circuit will not prevent both the off the electrical power to the hoisting
normal and final stopping device from stop- motor or motors in the down direction and
ping the working platform. apply the brakes if any hoisting rope be-
(d) Means shall be provided on the roof car comes slack.
and working platform for grounding portable (xiv) Upper and lower directional limit de-
electric tools. vices shall be provided to prevent the travel
(e) The working platform shall be grounded of the working platform beyond the normal
through a grounding connection in a trav- upper and lower limits of travel.
eling cable. Electrically powered tools uti- (xv) Operation of a directional limit device
lized on the working platform shall be shall prevent further motion in the appro-
grounded. priate direction, if the normal limit of travel
(vi) Electrical receptacles located on the has been reached.
roof or other exterior location shall be of a (xvi) Directional limit devices, if driven
weatherproof type and shall be located so as from the hoisting machine by chains, tapes,
not to be subject to contact with water or or cables, shall incorporate a device to dis-
accumulated snow. The receptacles shall be connect the electric power from the hoisting
198
machine and apply both the primary and sec- (b) Designated personnel on roof-powered
ondary brakes in the event of failure of the platforms, undertaking emergency operation
driving means. of the working platform by means of the
(xvii) Final terminal stopping devices of emergency operating device located near the
the working platform: hoisting machine.
(a) Final terminal stopping devices for the (iv) The emergency communication equip-
working platform shall be provided as a sec- ment shall be one of the following types:
ondary means of preventing the working (a) Telephone connected to the central
platform from over-traveling at the termi-
telephone exchange system; or
nals.
(b) Telephones on a limited system or an
(b) The device shall be set to function as
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.
(xix) Emergency stop switches shall: (3) Hoisting equipment. The requirements of
(a) Have red operating buttons or handles. paragraphs (c) (17) and (18) of this appendix
(b) Be conspicuously and permanently shall apply to Type T powered platforms.
marked ‘‘Stop.’’ (4) Brakes. Brakes requirements of para-
(c) Be the manually opened and manually graph (c)(19) of this appendix shall apply.
closed type. (5) Hoisting ropes and rope connections. (i)
(d) Be positively opened with the opening Paragraphs (c)(20) (i) through (vi) and (viii)
not solely dependent on springs. of this appendix shall apply to Type T pow-
(xx) The manual operation of an emer- ered platforms.
gency stop switch associated with an oper- (ii) Adjustable shackle rods in subpara-
ating device for the working platform shall graph (c)(20)(vii) of this appendix shall apply
open the potential relay for vertical travel, to Type T powered platforms, if the working
thereby disconnecting the electric power platform is suspended by more than two wire
from the hoisting machine and applying both ropes.
the primary and secondary brakes. (6) Electrical wiring and equipment. (i) The
(xxi) The manual operation of the emer- requirements of paragraphs (c)(22) (i)
gency stop switch associated with the oper- through (vi) of this appendix shall apply to
ating device for a power-driven roof car shall
Type T powered platforms. ‘‘Circuit protec-
cause the electrical power to the traverse
tion limitation,’’ ‘‘powered platform elec-
machine to be interrupted, and the traverse
machine brake to apply. trical service system,’’ all operating services
(23) Requirements for emergency communica- and control equipment shall comply with the
tions. (i) Communication equipment shall be specifications contained in part 2, section 26,
provided for each powered platform for use in ANSI A120.1–1970.
an emergency. (ii) For electrical protective devices the re-
(ii) Two-way communication shall be es- quirements of paragraphs (c)(22) (i) through
tablished between personnel on the roof and (viii) of this appendix shall apply to Type T
personnel on the stalled working platform powered platforms. Requirements for the
before any emergency operation of the work- ‘‘circuit potential limitation’’ shall be in ac-
ing platform is undertaken by personnel on cordance with specifications contained in
the roof. part 2, section 26, of ANSI A120.1–1970.
(iii) The equipment shall permit two-way (7) Emergency communications. All the re-
voice communication between the working quirements of paragraph (c)(23) of this appen-
platform and
dix shall apply to Type T powered platforms.

(a) Designated personnel continuously
available while the powered platform is in [54 FR 31456, July 28, 1989, as amended at 61
use; and FR 9235, Mar. 7, 1996; 72 FR 7190, Feb. 14, 2007]
199
§ 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 writing by the manufacturer or by any
boom sections. other equivalent entity, such as a na-
(4) Extensible boom platform. An aerial tionally recognized testing laboratory,
device (except ladders) with a tele- to be in conformity with all applicable
scopic or extensible boom. Telescopic provisions of ANSI A92.2—1969 and this
derricks with personnel platform at- section, and to be at least as safe as
tachments shall be considered to be ex- the equipment was before modification.
tensible boom platforms when used (3) The requirements of this section
with a personnel platform. do not apply to firefighting equipment
(5) Insulated aerial device. An aerial or to the vehicles upon which aerial de-
device designed for work on energized vices are mounted, except with respect
lines and apparatus. to the requirement that a vehicle be a
(6) Mobile unit. A combination of an stable support for the aerial device.
aerial device, its vehicle, and related (4) For operations near overhead elec-
equipment. tric lines, see § 1910.333(c)(3).
(7) Platform. Any personnel-carrying (c) Specific requirements—(1) Ladder
device (basket or bucket) which is a trucks and tower trucks. Before the
component of an aerial device. truck is moved for highway travel, aer-
(8) Vehicle. Any carrier that is not ial ladders shall be secured in the lower
manually propelled. traveling position by the locking de-
(9) Vertical tower. An aerial device device above the truck cab, and the
signed to elevate a platform in a sub- manually operated device at the base
stantially vertical axis. of the ladder, or by other equally effec-
(b) General requirements. (1) Unless tive means (e.g., cradles which prevent
otherwise provided in this section, aer- rotation of the ladder in combination
ial devices (aerial lifts) acquired on or with positive acting linear actuators).
after July 1, 1975, shall be designed and (2) Extensible and articulating boom
constructed in conformance with the platforms. (i) Lift controls shall be test-
applicable requirements of the Amer- ed each day prior to use to determine
ican National Standard for ‘‘Vehicle that such controls are in safe working
Mounted Elevating and Rotating Work condition.
Platforms,’’ ANSI A92.2—1969, includ- (ii) Only trained persons shall oper-
ing appendix, which is incorporated by ate an aerial lift.
reference as specified in § 1910.6. Aerial (iii) Belting off to an adjacent pole,
lifts acquired for use before July 1, 1975 structure, or equipment while working
which do not meet the requirements of from an aerial lift shall not be per-
ANSI A92.2—1969, may not be used after mitted.
July 1, 1976, unless they shall have been (iv) Employees shall always stand
modified so as to conform with the ap- firmly on the floor of the basket, and
plicable design and construction re- shall not sit or climb on the edge of the
quirements of ANSI A92.2—1969. Aerial basket or use planks, ladders, or other
devices include the following types of devices for a work position.
vehicle-mounted aerial devices used to (v) A body belt shall be worn and a
elevate personnel to jobsites above lanyard attached to the boom or bas-
ground: (i) Extensible boom platforms, ket when working from an aerial lift.
(ii) aerial ladders, (iii) articulating (vi) Boom and basket load limits
boom platforms, (iv) vertical towers, specified by the manufacturer shall not
and (v) a combination of any of the be exceeded.
200
(vii) The brakes shall be set and out- (5) ‘‘Welding standards.’’ All welding
riggers, when used, shall be positioned shall conform to the following Amer-
on pads or a solid surface. Wheel ican Welding Society (AWS) Standards
chocks shall be installed before using which are incorporated by reference as
an aerial lift on an incline. specified in § 1910.6, as applicable:
(viii) An aerial lift truck may not be (i) Standard Qualification Procedure,
moved when the boom is elevated in a AWS B3.0—41.
working position with men in the bas- (ii) Recommended Practices for
ket, except for equipment which is spe- Automotive Welding Design, AWS
cifically designed for this type of oper- D8.4–61.
ation in accordance with the provisions (iii) Standard Qualification of Weld-
of paragraphs (b)(1) and (b)(2) of this ing Procedures and Welders for Piping
section. and Tubing, AWS D10.9–69.
(ix) Articulating boom and extensible (iv) Specifications for Welding High-
boom platforms, primarily designed as way and Railway Bridges, AWS D2.0–69.
personnel carriers, shall have both
platform (upper) and lower controls. [39 FR 23502, June 27, 1974, as amended at 40
Upper controls shall be in or beside the FR 13439, Mar. 26, 1975; 55 FR 32014, Aug. 6,
1990; 61 FR 9235, Mar. 7, 1996; 79 FR 37190,
platform within easy reach of the oper-
July 1, 2014]
ator. Lower controls shall provide for
overriding the upper controls. Controls § 1910.68 Manlifts.
shall be plainly marked as to their
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.
(xi) The insulated portion of an aerial (2) Open type. One which has a hand-
lift shall not be altered in any manner grip surface fully exposed and capable
that might reduce its insulating value. of being encircled by the passenger’s
(xii) Before moving an aerial lift for fingers.
travel, the boom(s) shall be inspected (3) Closed type. A cup-shaped device,
to see that it is properly cradled and open at the top in the direction of trav-
outriggers are in stowed position, ex- el of the step for which it is to be used,
cept as provided in paragraph and closed at the bottom, into which
(c)(2)(viii) of this section. the passenger may place his fingers.
(3) Electrical tests. Electrical tests (4) Limit switch. A device, the purpose
shall be made in conformance with the of which is to cut off the power to the
requirements of ANSI A92.2—1969, Sec- motor and apply the brake to stop the
tion 5. However, equivalent DC voltage carrier in the event that a loaded step
tests may be used in lieu of the AC passes the terminal landing.
voltage test specified in A92.2—1969. DC (5) Manlift. A device consisting of a
voltage tests which are approved by power-driven endless belt moving in
the equipment manufacturer or equiva- one direction only, and provided with
lent entity shall be considered an steps or platforms and handholds at-
equivalent test for the purpose of this tached to it for the transportation of
paragraph (c)(3). personnel from floor to floor.
(4) Bursting safety factor. All critical (6) Rated speed. Rated speed is the
hydraulic and pneumatic components speed for which the device is designed
shall comply with the provisions of the and installed.
American National Standards Institute (7) Split-rail switch. An electric limit
standard, ANSI A92.2—1969, Section 4.9 switch operated mechanically by the
Bursting Safety Factor. Critical com- rollers on the manlift steps. It consists
ponents are those in which a failure of an additional hinged or ‘‘split’’ rail,
would result in a free fall or free rota- mounted on the regular guide rail, over
tion of the boom. All noncritical com- which the step rollers pass. It is
ponents shall have a bursting safety springloaded in the ‘‘split’’ position. If
factor of at least two to one. the step supports no load, the rollers
201
will ‘‘bump’’ over the switch; if a load- 34 inches nor more than 38 inches for a
ed step should pass over the section, 14-inch belt; and not less than 36 inches
the split rail will be forced straight, nor more than 40 inches for a 16-inch
tripping the switch and opening the belt and shall extend not less than 24
electrical circuit. inches, nor more than 28 inches from
(8) Step (platform). A step is a pas- the face of the belt.
senger carrying unit. (ii) Uniformity. All floor openings for
(9) Travel. The travel is the distance a given manlift shall be uniform in size
between the centers of the top and bot- and shall be approximately circular,
tom pulleys. and each shall be located vertically
(b) General requirements—(1) Applica- above the opening below it.
tion. This section applies to the con- (6) Landing—(i) Vertical clearance. The
struction, maintenance, inspection, clearanace between the floor or mount-
and operation of manlifts in relation to ing platform and the lower edge for the
accident hazards. Manlifts covered by conical guard above it required by sub-
this section consist of platforms or paragraph (7) of this paragraph shall
brackets and accompanying handholds not be less than 7 feet 6 inches. Where
mounted on, or attached to an endless this clearance cannot be obtained no
belt, operating vertically in one direc- access to the manlift shall be provided
tion only and being supported by, and and the manlift runway shall be en-
driven through pulleys, at the top and closed where it passes through such
bottom. These manlifts are intended floor.
for conveyance of persons only. It is (ii) Clear landing space. The landing
not intended that this section cover space adjacent to the floor openings
moving stairways, elevators with en- shall be free from obstruction and kept
closed platforms (‘‘Paternoster’’ ele- clear at all times. This landing space
vators), gravity lifts, nor conveyors shall be at least 2 feet in width from
used only for conveying material. This the edge of the floor opening used for
section applies to manlifts used to mounting and dismounting.
carry only personnel trained and au- (iii) Lighting and landing. Adequate
thorized by the employer in their use. lighting, not less than 5-foot candles,
(2) Purpose. The purpose of this sec- shall be provided at each floor landing
tion is to provide reasonable safety for at all times when the lift is in oper-
life and limb. ation.
(3) Design requirements. All new (iv) Landing surface. The landing sur-
manlift installations and equipment faces at the entrances and exits to the
installed after the effective date of manlift shall be constructed and main-
these regulations shall meet the design tained as to provide safe footing at all
requirements of the ‘‘American Na- times.
tional Safety Standard for Manlifts (v) Emergency landings. Where there is
ANSI A90.1–1969’’, which is incor- a travel of 50 feet or more between
porated by reference as specified in floor landings, one or more emergency
§ 1910.6, and the requirements of this landings shall be provided so that there
section. will be a landing (either floor or emer-
(4) Reference to other codes and sub- gency) for every 25 feet or less of
parts. The following codes and subparts manlift travel.
of this part are applicable to this sec- (a) Emergency landings shall be ac-
tion: Safety Code for Mechanical cessible from both the ‘‘up’’ and
Power Transmission Apparatus, ANSI ‘‘down’’ rungs of the manlift and shall
B15.1–1953 (R 1958); Safety Code for give access to the ladder required in
Fixed Ladders, ANSI A14.3–1956; and subparagraph (12) of this paragraph.
subparts D, O, and S. The preceding (b) Emergency landings shall be com-
ANSI standards are incorporated by pletely enclosed with a standard rail-
reference as specified in § 1910.6. ing and toeboard.
(5) Floor openings—(i) Allowable size. (c) Platforms constructed to give ac-
Floor openings for both the ‘‘up’’ and cess to bucket elevators or other equip-
‘‘down’’ runs shall be not less than 28 ment for the purpose of inspection, lu-
inches nor more than 36 inches in brication, and repair may also serve as
width for a 12-inch belt; not less than emergency landings under this rule. All
202
such platforms will then be considered shall be guarded on sides not used for
part of the emergency landing and entrance or exit by a wall, a railing
shall be provided with standard rail- and toeboard or by panels of wire mesh
ings and toeboards. of suitable strength.
(7) Guards on underside of floor open- (ii) Height and location. Such rails or
ings—(i) Fixed type. On the ascending guards shall be at least 42 inches in
side of the manlift floor openings shall height on the up-running side and 66
be provided with a bevel guard or cone inches on the down-running side.
meeting the following requirements: (10) Bottom arrangement—(i) Bottom
(a) The cone shall make an angle of landing. At the bottom landing the
not less than 45° with the horizontal. clear area shall be not smaller than the
An angle of 60° or greater shall be used area enclosed by the guardrails on the
where ceiling heights permit. floors above, and any wall in front of
(b) The lower edge of this guard shall the down-running side of the belt shall
extend at least 42 inches outward from be not less than 48 inches from the face
any handhold on the belt. It shall not of the belt. This space shall not be en-
extend beyond the upper surface of the croached upon by stairs or ladders.
floor above. (ii) Location of lower pulley. The lower
(c) The cone shall be made of not less (boot) pulley shall be installed so that
than No. 18 U.S. gauge sheet steel or it is supported by the lowest landing
material of equivalent strength or served. The sides of the pulley support
stiffness. The lower edge shall be rolled shall be guarded to prevent contact
to a minimum diameter of one-half with the pulley or the steps.
inch and the interior shall be smooth (iii) Mounting platform. A mounting
with no rivets, bolts or screws pro- platform shall be provided in front or
truding. to one side of the uprun at the lowest
(ii) Floating type. In lieu of the fixed landing, unless the floor level is such
guards specified in subdivision (i) of that the following requirement can be
this subparagraph a floating type safe- met: The floor or platform shall be at
ty cone may be used, such floating or above the point at which the upper
cones to be mounted on hinges at least surface of the ascending step completes
6 inches below the underside of the its turn and assumes a horizontal posi-
floor and so constructed as to actuate tion.
a limit switch should a force of 2 (iv) Guardrails. To guard against per-
pounds be applied on the edge of the sons walking under a descending step,
cone closest to the hinge. The depth of the area on the downside of the manlift
this floating cone need not exceed 12 shall be guarded in accordance with
inches. subparagraph (8) of this paragraph. To
(8) Protection of entrances and exits— guard against a person getting between
(i) Guard rail requirement. The en- the mounting platform and an ascend-
trances and exits at all floor landings ing step, the area between the belt and
affording access to the manlift shall be the platform shall be protected by a
guarded by a maze (staggered railing) guardrail.
or a handrail equipped with self-closing (11) Top arrangements—(i) Clearance
gates. from floor. A top clearance shall be pro-
(ii) Construction. The rails shall be vided of at least 11 feet above the top
standard guardrails with toeboards terminal landing. This clearance shall
meeting the provisions of § 1910.23. be maintained from a plane through
(iii) Gates. Gates, if used, shall open each face of the belt to a vertical cylin-
outward and shall be self-closing. Cor- drical plane having a diameter 2 feet
ners of gates shall be rounded. greater than the diameter of the floor
(iv) Maze. Maze or staggered openings opening, extending upward from the
shall offer no direct passage between top floor to the ceiling on the up-run-
enclosure and outer floor space. ning side of the belt. No encroachment
(v) Except where building layout pre- of structural or machine supporting
vents, entrances at all landings shall members within this space will be per-
be in the same relative position. mitted.

(9) Guards for openings—(i) Construc- (ii) Pulley clearance. (a) There shall be
tion. The floor opening at each landing a clearance of at least 5 feet between
203
the center of the head pulley shaft and the descending side is loaded with 250
any ceiling obstruction. lb on each step.
(b) The center of the head pulley (ii) Belt. (a) The belts shall be of
shaft shall be not less than 6 feet above hard-woven canvas, rubber-coated can-
the top terminal landing. vas, leather, or other material meeting
(iii) Emergency grab rail. An emer- the strength requirements of paragraph
gency grab bar or rail and platform (b)(3) of this section and having a coef-
shall be provided at the head pulley ficient of friction such that when used
when the distance to the head pulley is in conjunction with an adequate ten-
over 6 feet above the top landing, oth- sion device it will meet the brake test
erwise only a grab bar or rail is to be specified in subdivision (i) of this sub-
provided to permit the rider to swing paragraph.
free should the emergency stops be- (b) The width of the belt shall be not
come inoperative. less than 12 inches for a travel not ex-
(12) Emergency exit ladder. A fixed ceeding 100 feet, not less than 14 inches
metal ladder accessible from both the for a travel greater than 100 feet but
‘‘up’’ and ‘‘down’’ run of the manlift not exceeding 150 feet and 16 inches for
shall be provided for the entire travel a travel exceeding 150 feet.
of the manlift. Such ladder shall be in (c) A belt that has become torn while
accordance with the existing ANSI in use on a manlift shall not be spliced
A14.3–1956 Safety Code for Fixed Lad- and put back in service.
ders and § 1910.27. (2) Speed—(i) Maximum speed. No
(13) Superstructure bracing. Manlift manlift designed for a speed in excess
rails shall be secured in such a manner of 80 feet per minute shall be installed.
as to avoid spreading, vibration, and
(ii) [Reserved]
misalinement.
(14) Illumination—(i) General. Both (3) Platforms or steps—(i) Minimum
runs of the manlift shall be illumi- depth. Steps or platforms shall be not
nated at all times when the lift is in less than 12 inches nor more than 14
operation. An intensity of not less than inches deep, measured from the belt to
1-foot candle shall be maintained at all the edge of the step or platform.
points. (However, see subparagraph (ii) Width. The width of the step or
(6)(iii) of this paragraph for illumina- platform shall be not less than the
tion requirements at landings.) width of the belt to which it is at-
(ii) Control of illumination. Lighting of tached.
manlift runways shall be by means of (iii) Distance between steps. The dis-
circuits permanently tied in to the tance between steps shall be equally
building circuits (no switches), or shall spaced and not less than 16 feet meas-
be controlled by switches at each land- ured from the upper surface of one step
ing. Where separate switches are pro- to the upper surface of the next step
vided at each landing, any switch shall above it.
turn on all lights necessary to illu- (iv) Angle of step. The surface of the
minate the entire runway. step shall make approximately a right
(15) Weather protection. The entire angle with the ‘‘up’’ and ‘‘down’’ run of
manlift and its driving mechanism the belt, and shall travel in the approx-
shall be protected from the weather at imate horizontal position with the
all times. ‘‘up’’ and ‘‘down’’ run of the belt.
(c) Mechanical requirements—(1) Ma- (v) Surfaces. The upper or working
chines, general—(i) Brakes. Brakes pro- surfaces of the step shall be of a mate-
vided for stopping and holding a rial having inherent nonslip character-
manlift shall be inherently self-engag- istics (coefficient of friction not less
ing, by requiring power or force from than 0.5) or shall be covered completely
an external source to cause disengage- by a nonslip tread securely fastened to
ment. The brake shall be electrically it.
released, and shall be applied to the (vi) Strength of step supports. When
motor shaft for direct-connected units subjected to a load of 400 pounds ap-
or to the input shaft for belt-driven plied at the approximate center of the
units. The brake shall be capable of step, step frames, or supports and their
stopping and holding the manlift when guides shall be of adequate strength to:
204
(a) Prevent the disengagement of any (b) An electronic device.

step roller. (c) A switch actuated by a lever, rod,
(b) Prevent any appreciable or plate, the latter to be placed on the
misalinement. ‘‘up’’ side of the head pulley so as to
(c) Prevent any visible deformation just clear a passing step.
of the steps or its support. (ii) Manual reset location. After the
(vii) Prohibition of steps without manlift has been stopped by a stop de-
handholds. No steps shall be provided vice it shall be necessary to reset the
unless there is a corresponding hand- automatic stop manually. The device
hold above or below it meeting the re- shall be so located that a person reset-
quirements of paragraph (c)(4) of this ting it shall have a clear view of both
section. If a step is removed for repairs the ‘‘up’’ and ‘‘down’’ runs of the
or permanently, the handholds imme- manlift. It shall not be possible to
diately above and below it shall be re- reset the device from any step or plat-
moved before the lift is again placed in form.
service. (iii) Cut-off point. The initial limit
(4) Handholds—(i) Location. stop device shall function so that the
Handholds attached to the belt shall be manlift will be stopped before the load-
provided and installed so that they are ed step has reached a point 24 inches
not less than 4 feet nor more than 4 above the top terminal landing.
feet 8 inches above the step tread. (iv) Electrical requirements. (a) Where
These shall be so located as to be avail- such switches open the main motor cir-
able on the both ‘‘up’’ and ‘‘down’’ run cuit directly they shall be of the
of the belt. multipole type.
(ii) Size. The grab surface of the (b) Where electronic devices are used
handhold shall be not less than 41⁄2 they shall be so designed and installed
inches in width, not less than 3 inches that failure will result in shutting off
in depth, and shall provide 2 inches of the power to the driving motor.
clearance from the belt. Fastenings for
(c) Where flammable vapors or com-
handholds shall be located not less
bustible dusts may be present, elec-
than 1 inch from the edge of the belt.
trical installations shall be in accord-
(iii) Strength. The handhold shall be
ance with the requirements of subpart
capable of withstanding, without dam-
S of this part for such locations.
age, a load of 300 pounds applied par-
allel to the run of the belt. (d) Unless of the oil-immersed type
(iv) Prohibition of handhold without controller contacts carrying the main
steps. No handhold shall be provided motor current shall be copper to car-
without a corresponding step. If a bon or equal, except where the circuit
handhold is removed permanently or is broken at two or more points simul-
temporarily, the corresponding step taneously.
and handhold for the opposite direction (6) Emergency stop—(i) General. An
of travel shall also be removed before emergency stop means shall be pro-
the lift is again placed in service. vided.
(v) Type. All handholds shall be of the (ii) Location. This stop means shall be
closed type. within easy reach of the ascending and
(5) Up limit stops—(i) Requirements. descending runs of the belt.
Two separate automatic stop devices (iii) Operation. This stop means shall
shall be provided to cut off the power be so connected with the control lever
and apply the brake when a loaded step or operating mechanism that it will
passes the upper terminal landing. One cut off the power and apply the brake
of these shall consist of a split-rail when pulled in the direction of travel.
switch mechanically operated by the (iv) Rope. If rope is used, it shall be
step roller and located not more than 6 not less than three-eights inch in di-
inches above the top terminal landing. ameter. Wire rope, unless marlin-cov-
The second automatic stop device may ered, shall not be used.
consist of any of the following: (7) Instruction and warning signs—(i)
(a) Any split-rail switch placed 6 Instruction signs at landings or belts.

inches above and on the side opposite Signs of conspicuous and easily read
the first limit switch. style giving instructions for the use of
205
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
cending passenger and not more than 2 Labor or a duly authorized representa-
feet above the top terminal landing. tive.
(b) In addition to the sign required by
paragraph (c)(7)(ii)(a) of this section, a [39 FR 23502, June 27, 1974, as amended at 43
red warning light of not less than 40- FR 49746, Oct. 24, 1978; 51 FR 34560, Sept. 29,
1986; 54 FR 24334, June 7, 1989; 55 FR 32014,
watt rating shall be provided imme- Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996; 72 FR
diately below the upper landing ter- 71068, Dec. 14, 2007]
minal and so located as to shine in the
passenger’s face.
(iii) Visitor warning. A conspicuous Subpart G—Occupational Health
sign having the following legend—AU- and Environmental Control
THORIZED PERSONNEL ONLY—shall
be displayed at each landing. AUTHORITY: 29 U.S.C. 653, 655, 657; Sec-
(d) Operating rules—(1) Proper use of retary of Labor’s Order No. 12–71 (36 FR 8754),
manlifts. No freight, packaged goods, 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55
pipe, lumber, or construction materials FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017),
5–2002 (67 FR 50017), 5–2007 (72 FR 31159), 4–
of any kind shall be handled on any
2010 (75 FR 55355), or 1–2012 (77 FR 3912), as
manlift. applicable; and 29 CFR part 1911.
(2) [Reserved]
(e) Periodic inspection—(1) Frequency. § 1910.94 Ventilation.
All manlifts shall be inspected by a
competent designated person at inter- (a) Abrasive blasting—(1) Definitions
vals of not more than 30 days. Limit applicable to this paragraph—(i) Abra-
switches shall be checked weekly. sive. A solid substance used in an abra-
Manlifts found to be unsafe shall not be sive blasting operation.
operated until properly repaired. (ii) Abrasive-blasting respirator. A res-
(2) Items covered. This periodic inspec- pirator constructed so that it covers
tion shall cover but is not limited to the wearer’s head, neck, and shoulders
the following items: to protect the wearer from rebounding
abrasive.
Steps. (iii) Blast cleaning barrel. A complete
Step Fastenings. enclosure which rotates on an axis, or
Rails.
Rail Supports and Fastenings. which has an internal moving tread to
Rollers and Slides. tumble the parts, in order to expose
Belt and Belt Tension. various surfaces of the parts to the ac-
Handholds and Fastenings. tion of an automatic blast spray.
Floor Landings. (iv) Blast cleaning room. A complete
Guardrails. enclosure in which blasting operations
Lubrication.
are performed and where the operator
Limit Switches.
Warning Signs and Lights. works inside of the room to operate the
Illumination. blasting nozzle and direct the flow of
Drive Pulley. the abrasive material.
206
(v) Blasting cabinet. An enclosure electric wiring, shall conform to the

where the operator stands outside and requirements of American National
operates the blasting nozzle through an Standard Installation of Blower and
opening or openings in the enclosure. Exhaust Systems for Dust, Stock, and
(vi) Clean air. Air of such purity that Vapor Removal or Conveying, Z33.1–
it will not cause harm or discomfort to 1961 (NFPA 91–1961), which is incor-
an individual if it is inhaled for ex- porated by reference as specified in
tended periods of time. § 1910.6, and subpart S of this part. The
(vii) Dust collector. A device or com- blast nozzle shall be bonded and
bination of devices for separating dust grounded to prevent the build up of
from the air handled by an exhaust static charges. Where flammable or ex-
ventilation system. plosive dust mixtures may be present,
(viii) Exhaust ventilation system. A the abrasive blasting enclosure, the
system for removing contaminated air ducts, and the dust collector shall be
from a space, comprising two or more constructed with loose panels or explo-
of the following elements (a) enclosure sion venting areas, located on sides
or hood, (b) duct work, (c) dust col- away from any occupied area, to pro-
lecting equipment, (d) exhauster, and vide for pressure relief in case of explo-
(e) discharge stack. sion, following the principles set forth
(ix) Particulate-filter respirator. An air in the National Fire Protection Asso-
purifying respirator, commonly re- ciation Explosion Venting Guide,
ferred to as a dust or a fume respirator, NFPA 68–1954, which is incorporated by
which removes most of the dust or reference as specified in § 1910.6.
fume from the air passing through the (3) Blast-cleaning enclosures. (i) Blast-
device. cleaning enclosures shall be exhaust
(x) Respirable dust. Airborne dust in ventilated in such a way that a contin-
sizes capable of passing through the uous inward flow of air will be main-
upper respiratory system to reach the tained at all openings in the enclosure
lower lung passages. during the blasting operation.
(xi) Rotary blast cleaning table. An en- (a) All air inlets and access openings
closure where the pieces to be cleaned shall be baffled or so arranged that by
are positioned on a rotating table and the combination of inward air flow and
are passed automatically through a se- baffling the escape of abrasive or dust
ries of blast sprays. particules into an adjacent work area
(xii) Abrasive blasting. The forcible will be minimized and visible spurts of
application of an abrasive to a surface dust will not be observed.
by pneumatic pressure, hydraulic pres- (b) The rate of exhaust shall be suffi-
sure, or centrifugal force. cient to provide prompt clearance of
(2) Dust hazards from abrasive blasting. the dust-laden air within the enclosure
(i) Abrasives and the surface coatings after the cessation of blasting.
on the materials blasted are shattered (c) Before the enclosure is opened,
and pulverized during blasting oper- the blast shall be turned off and the ex-
ations and the dust formed will contain haust system shall be run for a suffi-
particles of respirable size. The com- cient period of time to remove the
position and toxicity of the dust from dusty air within the enclosure.
these sources shall be considered in (d) Safety glass protected by screen-
making an evaluation of the potential ing shall be used in observation win-
health hazards. dows, where hard deep-cutting abra-
(ii) The concentration of respirable sives are used.
dust or fume in the breathing zone of (e) Slit abrasive-resistant baffles
the abrasive-blasting operator or any shall be installed in multiple sets at all
other worker shall be kept below the small access openings where dust
levels specified in § 1910.1000. might escape, and shall be inspected
(iii) Organic abrasives which are regularly and replaced when needed.
combustible shall be used only in auto- (1) Doors shall be flanged and tight
matic systems. Where flammable or ex- when closed.
plosive dust mixtures may be present, (2) Doors on blast-cleaning rooms

the construction of the equipment, in- shall be operable from both inside and
cluding the exhaust system and all outside, except that where there is a
207
small operator access door, the large (c) Where concentrations of toxic
work access door may be closed or dust dispersed by the abrasive blasting
opened from the outside only. may exceed the limits set in § 1910.1000
(ii) [Reserved] and the nozzle and blast are not phys-
(4) Exhaust ventilation systems. (i) The ically separated from the operator in
construction, installation, inspection, an exhaust-ventilated enclosure.
and maintenance of exhaust systems (iii) Properly fitted particulate-filter
shall conform to the principles and re- respirators, commonly referred to as
quirements set forth in American Na- dust-filter respirators, may be used for
tional Standard Fundamentals Gov- short, intermittent, or occasional dust
erning the Design and Operation of exposures such as cleanup, dumping of
Local Exhaust Systems, Z9.2–1960, and dust collectors, or unloading shipments
ANSI Z33.1–1961, which is incorporated of sand at a receiving point when it is
by reference as specified in § 1910.6. not feasible to control the dust by en-
(a) When dust leaks are noted, re- closure, exhaust ventilation, or other
pairs shall be made as soon as possible. means. The respirators used must be
(b) The static pressure drop at the ex- approved by NIOSH under 42 CFR part
haust ducts leading from the equip- 84 for protection against the specific
ment shall be checked when the instal- type of dust encountered.
lation is completed and periodically (a) Dust-filter respirators may be
thereafter to assure continued satisfac- used to protect the operator of outside
tory operation. Whenever an appre- abrasive-blasting operations where
ciable change in the pressure drop indi- nonsilica abrasives are used on mate-
cates a partial blockage, the system rials having low toxicities.
shall be cleaned and returned to nor- (b) Dust-filter respirators shall not be
mal operating condition. used for continuous protection where
(ii) In installations where the abra- silica sand is used as the blasting abra-
sive is recirculated, the exhaust ven- sive, or toxic materials are blasted.
tilation system for the blasting enclo- (iv) For employees who use res-
sure shall not be relied upon for the re- pirators required by this section, the
moval of fines from the spent abrasive employer must implement a res-
instead of an abrasive separator. An piratory protection program in accord-
abrasive separator shall be provided for ance with 29 CFR 1910.134.
the purpose. (v) Operators shall be equipped with
(iii) The air exhausted from blast- heavy canvas or leather gloves and
cleaning equipment shall be discharged aprons or equivalent protection to pro-
through dust collecting equipment. tect them from the impact of abra-
Dust collectors shall be set up so that sives. Safety shoes shall be worn to
the accumulated dust can be emptied protect against foot injury where
and removed without contaminating heavy pieces of work are handled.
other working areas. (a) Protective footwear must comply
(5) Personal protective equipment. (i) with the requirements specified by 29
Employers must use only respirators CFR 1910.136(b)(1).
approved by the National Institute for (b) Equipment for protection of the
Occupational Safety and Health eyes and face shall be supplied to the
(NIOSH) under 42 CFR part 84 to pro- operator when the respirator design
tect employees from dusts produced does not provide such protection and to
during abrasive-blasting operations. any other personnel working in the vi-
(ii) Abrasive-blasting respirators cinity of abrasive blasting operations.
shall be worn by all abrasive-blasting This equipment shall conform to the
operators: requirements of § 1910.133.
(a) When working inside of blast- (6) Air supply and air compressors. Air
cleaning rooms, or for abrasive-blasting respirators must
(b) When using silica sand in manual be free of harmful quantities of dusts,
blasting operations where the nozzle mists, or noxious gases, and must meet
and blast are not physically separated the requirements for supplied-air qual-
from the operator in an exhaust venti- ity and use specified in 29 CFR
lated enclosure, or 1910.134(i).
208
(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
work is done without the aid of abra- enter and which connects such branch
sives. pipes to the remainder of the exhaust
(b) Grinding, polishing, and buffing op- system.
erations—(1) Definitions applicable to this (x) Hoods and enclosures. The partial
paragraph—(i) Abrasive cutting-off or complete enclosure around the
wheels. Organic-bonded wheels, the wheel or disc through which air enters
thickness of which is not more than an exhaust system during operation.
one forty-eighth of their diameter for (xi) Horizontal double-spindle disc
those up to, and including, 20 inches in grinder. A grinding machine carrying
diameter, and not more than one-six- two power-driven, rotatable, coaxial,
tieth of their diameter for those larger horizontal spindles upon the inside
than 20 inches in diameter, used for a ends of which are mounted abrasive
multitude of operations variously disc wheels used for grinding two sur-
known as cutting, cutting off, faces simultaneously.
grooving, slotting, coping, and joint- (xii) Horizontal single-spindle disc
ing, and the like. The wheels may be grinder. A grinding machine carrying
‘‘solid’’ consisting of organic-bonded an abrasive disc wheel upon one or
abrasive material throughout, ‘‘steel both ends of a power-driven, rotatable
centered’’ consisting of a steel disc single horizontal spindle.
with a rim of organic-bonded material (xiii) Polishing and buffing wheels. All
moulded around the periphery, or of power-driven rotatable wheels com-
the ‘‘inserted tooth’’ type consisting of posed all or in part of textile fabrics,
a steel disc with organic-bonded abra- wood, felt, leather, paper, and may be
sive teeth or inserts mechanically se- coated with abrasives on the periphery
cured around the periphery. of the wheel for purposes of polishing,
(ii) Belts. All power-driven, flexible, buffing, and light grinding.
coated bands used for grinding, (xiv) Portable grinder. Any power-driv-
polishing, or buffing purposes. en rotatable grinding, polishing, or
(iii) Branch pipe. The part of an ex- buffing wheel mounted in such manner
haust system piping that is connected that it may be manually manipulated.
directly to the hood or enclosure. (xv) Scratch brush wheels. All power-
(iv) Cradle. A movable fixture, upon driven rotatable wheels made from
which the part to be ground or polished wire or bristles, and used for scratch
is placed. cleaning and brushing purposes.
(v) Disc wheels. All power-driven ro- (xvi) Swing-frame grinder. Any power-
tatable discs faced with abrasive mate- driven rotatable grinding, polishing, or
rials, artificial or natural, and used for buffing wheel mounted in such a man-
grinding or polishing on the side of the ner that the wheel with its supporting
assembled disc. framework can be manipulated over
(vi) Entry loss. The loss in static pres- stationary objects.
sure caused by air flowing into a duct (xvii) Velocity pressure (vp). The ki-
or hood. It is usually expressed in netic pressure in the direction of flow
inches of water gauge. necessary to cause a fluid at rest to
209
flow at a given velocity. It is usually exhaust volume by the ratio of the new
expressed in inches of water gauge. width to the width shown.
(xviii) Vertical spindle disc grinder. A Example: If wheel width = 41⁄2 inches, then
grinding machine having a vertical, ro-
tatable power-driven spindle carrying a 4.5 ÷ 4 × 610 = 686 (rounded to 690).
horizontal abrasive disc wheel. (iii) Scratch-brush wheels and all
(2) Application. Wherever dry grind- buffing and polishing wheels mounted
ing, dry polishing or buffing is per- on floor stands, pedestals, benches, or
formed, and employee exposure, with- special-purpose machines shall have
out regard to the use of respirators, ex- not less than the minimum exhaust
ceeds the permissible exposure limits volume shown in Table G–5.
prescribed in § 1910.1000 or other sec-
tions of this part, a local exhaust ven- TABLE G–5—BUFFING AND POLISHING WHEELS
tilation system shall be provided and
Minimum
used to maintain employee exposures Wheel exhaust
Wheel diameter (inches) width
within the prescribed limits. (inches) volume
(feet3/min.)
(3) Hood and branch pipe requirements.
(i) Hoods connected to exhaust systems To 9 ............................................... 2 300
shall be used, and such hoods shall be Over 9 to 16 .................................. 3 500
designed, located, and placed so that Over 16 to 19 ................................ 4 610
Over 19 to 24 ................................ 5 740
the dust or dirt particles shall fall or
Over 24 to 30 ................................ 6 1,040
be projected into the hoods in the di- Over 30 to 36 ................................ 6 1,200
rection of the air flow. No wheels,
discs, straps, or belts shall be operated (iv) Grinding wheels or discs for hori-
in such manner and in such direction zontal single-spindle disc grinders shall
as to cause the dust and dirt particles be hooded to collect the dust or dirt
to be thrown into the operator’s generated by the grinding operation
breathing zone. and the hoods shall be connected to
(ii) Grinding wheels on floor stands, branch pipes having exhaust volumes
pedestals, benches, and special-purpose as shown in Table G–6.
grinding machines and abrasive cut-
ting-off wheels shall have not less than TABLE G–6—HORIZONTAL SINGLE-SPINDLE DISC
the minimum exhaust volumes shown GRINDER
in Table G–4 with a recommended min-
Exhaust
imum duct velocity of 4,500 feet per Disc diameter (inches) volume
minute in the branch and 3,500 feet per (ft.3/min.)
minute in the main. The entry losses
Up to 12 ............................................................... 220
from all hoods except the vertical-spin- Over 12 to 19 ...................................................... 390
dle disc grinder hood, shall equal 0.65 Over 19 to 30 ...................................................... 610
velocity pressure for a straight takeoff Over 30 to 36 ...................................................... 880
and 0.45 velocity pressure for a tapered
takeoff. The entry loss for the vertical- (v) Grinding wheels or discs for hori-
spindle disc grinder hood is shown in zontal double-spindle disc grinders
figure G–1 (following § 1910.94(b)). shall have a hood enclosing the grind-
ing chamber and the hood shall be con-
TABLE G–4—GRINDING AND ABRASIVE CUTTING- nected to one or more branch pipes
OFF WHEELS having exhaust volumes as shown in
Table G–7.
Minimum
Wheel exhaust
Wheel diameter (inches) width TABLE G–7—HORIZONTAL DOUBLE-SPINDLE
volume
(inches) (feet3/min.) DISC GRINDER
To 9 ............................................... 11⁄2 220
Exhaust
Over 9 to 16 .................................. 2 390 Disc diameter (inches) volume
Over 16 to 19 ................................ 3 500 (ft.3/min.)
Over 19 to 24 ................................ 4 610
Over 24 to 30 ................................ 5 880 Up to 19 ............................................................... 610
Over 30 to 36 ................................ 6 1,200 Over 19 to 25 ...................................................... 880
Over 25 to 30 ...................................................... 1,200

Over 30 to 53 ...................................................... 1,770
For any wheel wider than wheel diame-
Over 53 to 72 ...................................................... 6,280
ters shown in Table G–4, increase the
210
(vi) Grinding wheels or discs for and Operation of Local Exhaust Sys-
vertical single-spindle disc grinders tems, Z9.2–1960.
shall be encircled with hoods to remove (ii) Exhaust systems for grinding,
the dust generated in the operation. polishing, and buffing operations shall
The hoods shall be connected to one or be tested in the manner described in
more branch pipes having exhaust vol- American Standard Fundamentals
umes as shown in Table G–8. Governing the Design and Operation of
Local Exhaust Systems, Z9.2–1960.
TABLE G–8—VERTICAL SPINDLE DISC GRINDER (iii) All exhaust systems shall be pro-
One-half or more Disc not cov- vided with suitable dust collectors.
of disc covered ered (5) Hood and enclosure design. (i)(a) It
Disc diameter (inches) Ex- Ex- is the dual function of grinding and ab-
Num- haust Num- haust rasive cutting-off wheel hoods to pro-
ber 1 foot3/ ber 1 foot3/
min.) min. tect the operator from the hazards of
bursting wheels, as well as to provide a
Up to 20 ..................... 1 500 2 780 means for the removal of dust and dirt
Over 20 to 30 ............ 2 780 2 1,480
Over 30 to 53 ............ 2 1,770 4 3,530 generated. All hoods shall be not less
Over 53 to 72 ............ 2 3,140 5 6,010 in structural strength than specified in
1 Number of exhaust outlets around periphery of hood, or Tables O–1 and O–9 of § 1910.215.
equal distribution provided by other means. (b) Due to the variety of work and
(vii) Grinding and polishing belts types of grinding machines employed,
shall be provided with hoods to remove it is necessary to develop hoods adapt-
dust and dirt generated in the operable to the particular machine in ques-
ations and the hoods shall be connected tion, and such hoods shall be located as
to branch pipes having exhaust vol- close as possible to the operation.
umes as shown in Table G–9. (ii) Exhaust hoods for floor stands,
pedestals, and bench grinders shall be
TABLE G–9—GRINDING AND POLISHING BELTS designed in accordance with figure G–2.
The adjustable tongue shown in the fig-
Exhaust
Belts width (inches) volume ure shall be kept in working order and
(ft.3/min.) shall be adjusted within one-fourth
Up to 3 ................................................................. 220 inch of the wheel periphery at all
Over 3 to 5 .......................................................... 300 times.
Over 5 to 7 .......................................................... 390 (iii) Swing-frame grinders shall be
Over 7 to 9 .......................................................... 500
Over 9 to 11 ........................................................ 610 provided with exhaust booths as indi-
Over 11 to 13 ...................................................... 740 cated in figure G–3.
(iv) Portable grinding operations,
(viii) Cradles and swing-frame grind- whenever the nature of the work per-
ers. Where cradles are used for han- mits, shall be conducted within a par-
dling the parts to be ground, polished, tial enclosure. The opening in the en-
or buffed, requiring large partial enclo- closure shall be no larger than is actu-
sures to house the complete operation, ally required in the operation and an
a minimum average air velocity of 150 average face air velocity of not less
feet per minute shall be maintained than 200 feet per minute shall be main-
over the entire opening of the enclo- tained.
sure. Swing-frame grinders shall also (v) Hoods for polishing and buffing
be exhausted in the same manner as and scratch-brush wheels shall be con-
provided for cradles. (See fig. G–3) structed to conform as closely to figure
(ix) Where the work is outside the G–4 as the nature of the work will per-
hood, air volumes must be increased as mit.
shown in American Standard Fun- (vi) Cradle grinding and polishing op-
damentals Governing the Design and erations shall be performed within a
Operation of Local Exhaust Systems, partial enclosure similar to figure G–5.
Z9.2–1960 (section 4, exhaust hoods). The operator shall be positioned out-
(4) Exhaust systems. (i) Exhaust sys- side the working face of the opening of
tems for grinding, polishing, and buff- the enclosure. The face opening of the
ing operations should be designed in enclosure should not be any greater in

accordance with American Standard area than that actually required for
Fundamentals Governing the Design the performance of the operation and
211
the average air velocity into the work- lar to that illustrated in figure G–7.
ing face of the enclosure shall not be The openings for passing the work into
less than 150 feet per minute. the grinding chamber should be kept as
(vii) Hoods for horizontal single-spin- small as possible, but must never be
dle disc grinders shall be constructed less than twice the area of the branch
to conform as closely as possible to the outlets.
hood shown in figure G–6. It is essen- (ix) Vertical-spindle disc grinders
tial that there be a space between the shall be encircled with a hood so con-
back of the wheel and the hood, and a structed that the heavy dust is drawn
space around the periphery of the off a surface of the disc and the lighter
wheel of at least 1 inch in order to per- dust exhausted through a continuous
mit the suction to act around the slot at the top of the hood as shown in
wheel periphery. The opening on the figure G–1.
side of the disc shall be no larger than (x) Grinding and polishing belt hoods
is required for the grinding operation, shall be constructed as close to the op-
but must never be less than twice the eration as possible. The hood should
area of the branch outlet. extend almost to the belt, and 1-inch
(viii) Horizontal double-spindle disc wide openings should be provided on ei-
grinders shall have a hood encircling ther side. Figure G–8 shows a typical
the wheels and grinding chamber simi- hood for a belt operation.
212
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.
213
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.
214
EC27OC91.016</GPH>
215
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.
216
EC27OC91.018</GPH>
217
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.
218
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.
219
EC27OC91.021</GPH>
Exhaust (iv) Minimum maintained velocity. Min-

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

sure sufficient water flow to provide ef- ing normal operating conditions and
ficient operation of the water chamber. any negative pressure exerted upon it.
221
(b) Exhaust ductwork shall be sized wall shall be protected at the point of
in accordance with good design prac- penetration by open space or fire-resis-
tice which shall include consideration tive material between the duct and the
of fan capacity, length of duct, number roof or wall. When ducts pass through
of turns and elbows, variation in size, firewalls, they shall be provided with
volume, and character of materials automatic fire dampers on both sides of
being exhausted. See American Na- the wall, except that three-eighth-inch
tional Standard Z9.2–1960 for further steel plates may be used in lieu of
details and explanation concerning ele- automatic fire dampers for ducts not
ments of design.
exceeding 18 inches in diameter.
(c) Longitudinal joints in sheet steel
ductwork shall be either lock-seamed, (g) Ductwork used for ventilating any
riveted, or welded. For other than steel process covered in this standard shall
construction, equivalent securing of not be connected to ducts ventilating
joints shall be provided. any other process or any chimney or
(d) Circumferential joints in duct- flue used for conveying any products of
work shall be substantially fastened combustion.
together and lapped in the direction of (6) Velocity and air flow requirements.
airflow. At least every fourth joint (i) Except where a spray booth has an
shall be provided with connecting adequate air replacement system, the
flanges, bolted together, or of equiva- velocity of air into all openings of a
lent fastening security. spray booth shall be not less than that
(e) Inspection or clean-out doors shall specified in Table G–10 for the oper-
be provided for every 9 to 12 feet of run- ating conditions specified. An adequate
ning length for ducts up to 12 inches in air replacement system is one which
diameter, but the distance between
introduces replacement air upstream
cleanout doors may be greater for larg-
or above the object being sprayed and
er pipes. A clean-out door or doors
shall be provided for servicing the fan, is so designed that the velocity of air
and where necessary, a drain shall be in the booth cross section is not less
provided. than that specified in Table G–10 when
(f) Where ductwork passes through a measured upstream or above the object
combustible roof or wall, the roof or 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.
(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 the lower explosive limit of the solvent
in paragraph (c)(6)(i) of this section the being sprayed. An example of the meth-
total air volume exhausted through a od of calculating this volume is given
spray booth shall be such as to dilute below.

solvent vapor to at least 25 percent of
222
Example: To determine the lower explosive TABLE G–11—LOWER EXPLOSIVE LIMIT OF
limits of the most common solvents used in SOME COMMONLY USED SOLVENTS—Continued
spray finishing, see Table G–11. Column 1
gives the number of cubic feet of vapor per Cubic feet Lower ex-
gallon of solvent and column 2 gives the plosive
per gallon limit in per-
lower explosive limit (LEL) in percentage by Solvent of vapor of cent by
liquid at 70
volume of air. Note that the quantity of sol- °F. volume of
vent will be diminished by the quantity of air at 70 °F
solids and nonflammables contained in the Propyl Alcohol (iso) ....................... 44.0 2.0
finish. Toluene .......................................... 30.4 1.4
To determine the volume of air in cubic Turpentine ..................................... 20.8 0.8
feet necessary to dilute the vapor from 1 gal- Xylene (o) ...................................... 26.4 1.0
lon of solvent to 25 percent of the lower ex- 1 At 212 °F.
plosive limit, apply the following formula:
(iii)(a) When an operator is in a booth
Dilution volume required per gallon of sol-
vent = 4 (100¥LEL) (cubic feet of vapor
downstream from the object being
per gallon) ÷ LEL sprayed, an air-supplied respirator or
other type of respirator must be used
Using toluene as the solvent. by employees that has been approved
(1) LEL of toluene from Table G–11, column by NIOSH under 42 CFR part 84 for the
2, is 1.4 percent. material being sprayed.
(2) Cubic feet of vapor per gallon from
(b) Where downdraft booths are pro-
Table G–11, column 1, is 30.4 cubic feet per
gallon. vided with doors, such doors shall be
(3) Dilution volume required= closed when spray painting.
(7) Make-up air. (i) Clean fresh air,
4 (100¥1.4) 30.4 ÷ 1.4 = 8,564 cubic feet.
free of contamination from adjacent
(4) To convert to cubic feet per minute of industrial exhaust systems, chimneys,
required ventilation, multiply the dilution stacks, or vents, shall be supplied to a
volume required per gallon of solvent by the spray booth or room in quantities
number of gallons of solvent evaporated per equal to the volume of air exhausted
minute.
through the spray booth.
TABLE G–11—LOWER EXPLOSIVE LIMIT OF (ii) Where a spray booth or room re-
SOME COMMONLY USED SOLVENTS ceives make-up air through self-closing
doors, dampers, or louvers, they shall
Cubic feet Lower ex- be fully open at all times when the
plosive
per gallon limit in per- booth or room is in use for spraying.
Solvent of vapor of
liquid at 70 cent by The velocity of air through such doors,
volume of
°F. dampers, or louvers shall not exceed
air at 70 °F
200 feet per minute. If the fan charac-
Column 1 Column 2 teristics are such that the required air
Acetone ......................................... 44.0 2.6 flow through the booth will be pro-
Amyl Acetate (iso) ......................... 21.6 1 1.0
Amyl Alcohol (n) ............................ 29.6 1.2 vided, higher velocities through the
Amyl Alcohol (iso) ......................... 29.6 1.2 doors, dampers, or louvers may be
1 1.4
Benzene ........................................ 36.8 used.
Butyl Acetate (n) ............................ 24.8 1.7
Butyl Alcohol (n) ............................ 35.2 1.4
(iii)(a) Where the air supply to a
Butyl Cellosolve ............................. 24.8 1.1 spray booth or room is filtered, the fan
Cellosolve ...................................... 33.6 1.8 static pressure shall be calculated on
Cellosolve Acetate ......................... 23.2 1.7 the assumption that the filters are
Cyclohexanone .............................. 31.2 1 1.1
1,1 Dichloroethylene ...................... 42.4 5.9 dirty to the extent that they require
1,2 Dichloroethylene ...................... 42.4 9.7 cleaning or replacement.
Ethyl Acetate ................................. 32.8 2.5 (b) The rating of filters shall be gov-
Ethyl Alcohol .................................. 55.2 4.3
Ethyl Lactate .................................. 28.0 1 1.5
erned by test data supplied by the man-
Methyl Acetate ............................... 40.0 3.1 ufacturer of the filter. A pressure gage
Methyl Alcohol ............................... 80.8 7.3 shall be installed to show the pressure
Methyl Cellosolve .......................... 40.8 2.5 drop across the filters. This gage shall
Methyl Ethyl Ketone ...................... 36.0 1.8
Methyl n-Propyl Ketone ................. 30.4 1.5 be marked to show the pressure drop at
Naphtha (VM&P) (76° Naphtha) ... 22.4 0.9 which the filters require cleaning or re-
Naphtha (100 °Flash) Safety Sol- placement. Filters shall be replaced or
vent—Stoddard Solvent ............. 23.2 1.0 cleaned whenever the pressure drop
Propyl Acetate (n) ......................... 27.2 2.8
Propyl Acetate (iso) ....................... 28.0 1.1 across them becomes excessive or
Propyl Alcohol (n) .......................... 44.8 2.1 whenever the air flow through the face
223
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 presence if in an unburned state in the
at the time spraying is normally per- make-up air.
formed, shall be provided in all places (2) The maximum rate of gas supply
where the outdoor temperature may be to the make-up air heater burners
expected to remain below 55 °F. for ap- must not exceed that which would
preciable periods of time during the op- yield in excess of 200 p.p.m. (parts per
eration of the booth except where ade- million) of carbon monoxide or 2,000
quate and safe means of radiant heat-
p.p.m. of total combustible gases in the
ing for all operating personnel affected
mixture if the unburned gas upon the
is provided. The replacement air during
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 refine 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- [39 FR 23502, June 27, 1974, as amended at 40
tem supplemented by other sources of FR 23073, May 28, 1975; 40 FR 24522, June 9,
heat may be employed to meet this re- 1975; 43 FR 49746, Oct. 24, 1978; 49 FR 5322,
quirement. Feb. 10, 1984; 55 FR 32015, Aug. 6, 1990; 58 FR
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; 72 FR 71069, Dec. 14, 2007; 74 FR 46356,
(d) Where make-up air is heated by Sept. 9, 2009]
coal or oil, the products of combustion
shall not be allowed to mix with the § 1910.95 Occupational noise exposure.
make-up air, and the products of com-
bustion shall be conducted outside the (a) Protection against the effects of
building through a flue terminating at noise exposure shall be provided when
a point remote from all points where the sound levels exceed those shown in
make-up air enters the building. Table G–16 when measured on the A
(e) Where make-up air is heated by scale of a standard sound level meter
gas, and the products of combustion at slow response. When noise levels are
are not mixed with the make-up air but determined by octave band analysis,
are conducted through an independent the equivalent A-weighted sound level
flue to a point outside the building re- may be determined as follows:
mote from all points where make-up
air enters the building, it is not nec-
essary to comply with paragraph
(c)(7)(iv)(f) of this section.
(f) Where make-up air to any manu-
ally operated spray booth or room is
heated by gas and the products of com-
bustion are allowed to mix with the

supply air, the following precautions
must be taken:
224
TABLE G–16—PERMISSIBLE NOISE

EXPOSURES 1—Continued
Sound
level dBA
Duration per day, hours slow re-
sponse
14 ⁄ 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
FIGURE G–9 employee noise exposures equal or ex-
Equivalent sound level contours. Octave ceed an 8-hour time-weighted average
band sound pressure levels may be converted sound level (TWA) of 85 decibels meas-
to the equivalent A-weighted sound level by ured on the A scale (slow response) or,
plotting them on this graph and noting the
equivalently, a dose of fifty percent.
A-weighted sound level corresponding to the
For purposes of the hearing conserva-
point of highest penetration into the sound
level contours. This equivalent A-weighted tion program, employee noise expo-
sound level, which may differ from the ac- sures shall be computed in accordance
tual A-weighted sound level of the noise, is with appendix A and Table G–16a, and
used to determine exposure limits from without regard to any attenuation pro-
Table 1.G–16. vided by the use of personal protective
equipment.
(b)(1) When employees are subjected (2) For purposes of paragraphs (c)
to sound exceeding those listed in through (n) of this section, an 8-hour
Table G–16, feasible administrative or time-weighted average of 85 decibels or
engineering controls shall be utilized. a dose of fifty percent shall also be re-
If such controls fail to reduce sound ferred to as the action level.
levels within the levels of Table G–16, (d) Monitoring. (1) When information
personal protective equipment shall be indicates that any employee’s exposure
provided and used to reduce sound lev- may equal or exceed an 8-hour time-
els within the levels of the table. weighted average of 85 decibels, the
(2) If the variations in noise level in- employer shall develop and implement
volve maxima at intervals of 1 second a monitoring program.
or less, it is to be considered contin- (i) The sampling strategy shall be de-
uous. signed to identify employees for inclu-
sion in the hearing conservation pro-
TABLE G–16—PERMISSIBLE NOISE EXPOSURES 1 gram and to enable the proper selec-
tion of hearing protectors.
Sound
level dBA (ii) Where circumstances such as high
Duration per day, hours slow re- worker mobility, significant variations
sponse
in sound level, or a significant compo-
8 ........................................................................... 90 nent of impulse noise make area moni-
6 ........................................................................... 92 toring generally inappropriate, the em-
4 ........................................................................... 95 ployer shall use representative per-
3 ........................................................................... 97 sonal sampling to comply with the
2 ........................................................................... 100 monitoring requirements of this para-
11⁄2 ....................................................................... 102

1 ........................................................................... 105
graph unless the employer can show
1⁄2 ......................................................................... 110 that area sampling produces equivalent
results.
225
EC27OC91.023
(2)(i) All continuous, intermittent (4) All audiograms obtained pursuant

and impulsive sound levels from 80 to this section shall meet the require-
decibels to 130 decibels shall be inte- ments of appendix C: Audiometric Meas-
grated into the noise measurements. uring Instruments.
(ii) Instruments used to measure em- (5) Baseline audiogram. (i) Within 6
ployee noise exposure shall be cali- months of an employee’s first exposure
brated to ensure measurement accu- at or above the action level, the em-
racy. ployer shall establish a valid baseline
(3) Monitoring shall be repeated audiogram against which subsequent
whenever a change in production, proc- audiograms can be compared.
ess, equipment or controls increases (ii) Mobile test van exception. Where
noise exposures to the extent that: mobile test vans are used to meet the
(i) Additional employees may be ex- audiometric testing obligation, the em-
posed at or above the action level; or ployer shall obtain a valid baseline
(ii) The attenuation provided by audiogram within 1 year of an employ-
hearing protectors being used by em- ee’s first exposure at or above the ac-
ployees may be rendered inadequate to tion level. Where baseline audiograms
meet the requirements of paragraph (j) are obtained more than 6 months after
of this section. the employee’s first exposure at or
(e) Employee notification. The em- above the action level, employees shall
ployer shall notify each employee ex- wearing hearing protectors for any pe-
posed at or above an 8-hour time- riod exceeding six months after first
weighted average of 85 decibels of the exposure until the baseline audiogram
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)
maintaining and checking calibration of this section has occurred. This com-
and proper functioning of the audiom- parison may be done by a technician.
eters being used. A technician who op- (ii) If the annual audiogram shows
erates microprocessor audiometers that an employee has suffered a stand-
does not need to be certified. A techni- ard threshold shift, the employer may
cian who performs audiometric tests obtain a retest within 30 days and con-
must be responsible to an audiologist, sider the results of the retest as the an-
otolaryngologist or physician. nual audiogram.
226
(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
recent audiogram of the employee to (9) Revised baseline. An annual audio-
be evaluated; gram may be substituted for the base-
(C) Measurements of background line audiogram when, in the judgment
sound pressure levels in the of the audiologist, otolaryngologist or
audiometric test room as required in physician who is evaluating the audio-
appendix D: Audiometric Test Rooms. gram:
(D) Records of audiometer calibra- (i) The standard threshold shift re-
tions required by paragraph (h)(5) of vealed by the audiogram is persistent;
this section. or
(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
work related or aggravated by occupa- 3000, and 4000 Hz in either ear.
tional noise exposure, the employer (ii) In determining whether a stand-
shall ensure that the following steps ard threshold shift has occurred, allow-
are taken when a standard threshold ance may be made for the contribution
shift occurs: of aging (presbycusis) to the change in
(A) Employees not using hearing pro- hearing level by correcting the annual
tectors shall be fitted with hearing pro- audiogram according to the procedure
tectors, trained in their use and care, described in appendix F: Calculation
and required to use them. and Application of Age Correction to
(B) Employees already using hearing Audiograms.
protectors shall be refitted and re- (h) Audiometric test requirements. (1)
trained in the use of hearing protectors Audiometric tests shall be pure tone,
and provided with hearing protectors air conduction, hearing threshold ex-
offering greater attenuation if nec- aminations, with test frequencies in-
essary. cluding as a minimum 500, 1000, 2000,
(C) The employee shall be referred for 3000, 4000, and 6000 Hz. Tests at each
a clinical audiological evaluation or an frequency shall be taken separately for
otological examination, as appropriate, each ear.
if additional testing is necessary or if
(2) Audiometric tests shall be con-
the employer suspects that a medical
ducted with audiometers (including
pathology of the ear is caused or aggra-
vated by the wearing of hearing protec- microprocessor audiometers) that meet
tors. the specifications of, and are main-
(D) The employee is informed of the tained and used in accordance with,
need for an otological examination if a American National Standard Specifica-
medical pathology of the ear that is tion for Audiometers, S3.6–1969, which
unrelated to the use of hearing protec- is incorporated by reference as speci-
tors is suspected. fied in § 1910.6.
227
(3) Pulsed-tone and self-recording ing protectors provided by the em-

audiometers, if used, shall meet the re- ployer.
quirements specified in appendix C: (4) The employer shall provide train-
Audiometric Measuring Instruments. ing in the use and care of all hearing
(4) Audiometric examinations shall protectors provided to employees.
be administered in a room meeting the (5) The employer shall ensure proper
requirements listed in appendix D: initial fitting and supervise the correct
Audiometric Test Rooms. use of all hearing protectors.
(5) Audiometer calibration. (i) The (j) Hearing protector attenuation. (1)
functional operation of the audiometer The employer shall evaluate hearing
shall be checked before each day’s use protector attenuation for the specific
by testing a person with known, stable noise environments in which the pro-
hearing thresholds, and by listening to tector will be used. The employer shall
the audiometer’s output to make sure use one of the evaluation methods de-
that the output is free from distorted scribed in appendix B: Methods for Esti-
or unwanted sounds. Deviations of 10 mating the Adequacy of Hearing Protec-
decibels or greater require an acoustic tion Attenuation.
calibration. (2) Hearing protectors must attenu-
(ii) Audiometer calibration shall be ate employee exposure at least to an 8-
checked acoustically at least annually hour time-weighted average of 90 deci-
in accordance with appendix E: Acoustic bels as required by paragraph (b) of
Calibration of Audiometers. Test fre- this section.
quencies below 500 Hz and above 6000 Hz (3) For employees who have experi-
may be omitted from this check. Devi- enced a standard threshold shift, hear-
ations of 15 decibels or greater require ing protectors must attenuate em-
an exhaustive calibration. ployee exposure to an 8-hour time-
(iii) An exhaustive calibration shall weighted average of 85 decibels or
be performed at least every two years below.
in accordance with sections 4.1.2; 4.1.3.; (4) The adequacy of hearing protector
4.1.4.3; 4.2; 4.4.1; 4.4.2; 4.4.3; and 4.5 of attenuation shall be re-evaluated
the American National Standard Speci- whenever employee noise exposures in-
fication for Audiometers, S3.6–1969. crease to the extent that the hearing
Test frequencies below 500 Hz and protectors provided may no longer pro-
above 6000 Hz may be omitted from this vide adequate attenuation. The em-
calibration. ployer shall provide more effective
(i) Hearing protectors. (1) Employers hearing protectors where necessary.
shall make hearing protectors avail- (k) Training program. (1) The em-
able to all employees exposed to an 8- ployer shall train each employee who is
hour time-weighted average of 85 deci- exposed to noise at or above an 8-hour
bels or greater at no cost to the em- time weighted average of 85 decibels in
ployees. Hearing protectors shall be re- accordance with the requirements of
placed as necessary. this section. The employer shall insti-
(2) Employers shall ensure that hear- tute a training program and ensure em-
ing protectors are worn: ployee participation in the program.
(i) By an employee who is required by (2) The training program shall be re-
paragraph (b)(1) of this section to wear peated annually for each employee in-
personal protective equipment; and cluded in the hearing conservation pro-
(ii) By any employee who is exposed gram. Information provided in the
to an 8-hour time-weighted average of training program shall be updated to
85 decibels or greater, and who: be consistent with changes in protec-
(A) Has not yet had a baseline audio- tive equipment and work processes.
gram established pursuant to para- (3) The employer shall ensure that
graph (g)(5)(ii); or each employee is informed of the fol-
(B) Has experienced a standard lowing:
threshold shift. (i) The effects of noise on hearing;
(3) Employees shall be given the op- (ii) The purpose of hearing protec-
portunity to select their hearing pro- tors, the advantages, disadvantages,
tectors from a variety of suitable hear- and attenuation of various types, and
228
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-
posure measurements required by para- gas well drilling and servicing oper-
graph (d) of this section. ations.
(2) Audiometric tests. (i) The employer APPENDIX A TO § 1910.95—NOISE EXPOSURE
shall retain all employee audiometric COMPUTATION
test records obtained pursuant to para-
graph (g) of this section: This appendix is Mandatory
(ii) This record shall include: I. COMPUTATION OF EMPLOYEE NOISE
(A) Name and job classification of EXPOSURE
the employee;
(B) Date of the audiogram; (1) Noise dose is computed using Table G–
(C) The examiner’s name; 16a as follows:
(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,
haustive calibration of the audiometer; in percent, is given by: D = 100 C/T where C
and is the total length of the work day, in hours,
(E) Employee’s most recent noise ex- and T is the reference duration cor-
posure assessment. responding to the measured sound level, L,
(F) The employer shall maintain ac- as given in Table G–16a or by the formula
curate records of the measurements of shown as a footnote to that table.
the background sound pressure levels (ii) When the workshift noise exposure is
in audiometric test rooms. composed of two or more periods of noise at
(3) Record retention. The employer different levels, the total noise dose over the
work day is given by:
shall retain records required in this
paragraph (m) for at least the following D = 100(C1 / T1 + C2 / T2 + Cn / Tn),
periods. where Cn indicates the total time of exposure
(i) Noise exposure measurement at a specific noise level, and Tn indicates the
records shall be retained for two years. reference duration for that level as given by
Table G–16a.
(ii) Audiometric test records shall be
retained for the duration of the af- (2) The eight-hour time-weighted average
fected employee’s employment. sound level (TWA), in decibels, may be com-
puted from the dose, in percent, by means of
(4) Access to records. All records re-
the formula: TWA = 16.61 log10 (D/100) + 90.
quired by this section shall be provided For an eight-hour workshift with the noise
upon request to employees, former em- level constant over the entire shift, the TWA
ployees, representatives designated by is equal to the measured sound level.

the individual employee, and the As- (3) A table relating dose and TWA is given
sistant Secretary. The provisions of 29 in Section II.
229
TABLE G–16A amount of such exposure is usually measured

with an audiodosimeter which gives a read-
Ref- out in terms of ‘‘dose.’’ In order to better un-
erence
A-weighted sound level, L (decibel) duration, derstand the requirements of the amend-
T (hour) ment, dosimeter readings can be converted
to an ‘‘8-hour time-weighted average sound
80 ........................................................................... 32 level.’’ (TWA).
81 ........................................................................... 27.9
In order to convert the reading of a dosim-
82 ........................................................................... 24.3
83 ........................................................................... 21.1 eter into TWA, see Table A–1, below. This
84 ........................................................................... 18.4 table applies to dosimeters that are set by
85 ........................................................................... 16 the manufacturer to calculate dose or per-
86 ........................................................................... 13.9 cent exposure according to the relationships
87 ........................................................................... 12.1 in Table G–16a. So, for example, a dose of 91
88 ........................................................................... 10.6
89 ........................................................................... 9.2
percent over an eight hour day results in a
90 ........................................................................... 8 TWA of 89.3 dB, and, a dose of 50 percent cor-
91 ........................................................................... 7.0 responds to a TWA of 85 dB.
92 ........................................................................... 6.1 If the dose as read on the dosimeter is less
93 ........................................................................... 5.3 than or greater than the values found in
94 ........................................................................... 4.6 Table A–1, the TWA may be calculated by
95 ........................................................................... 4
96 ........................................................................... 3.5
using the formula: TWA 6.61 log10 (D/100) + 90
97 ........................................................................... 3.0 where TWA = 8-hour time-weighted average
98 ........................................................................... 2.6 sound level and D = accumulated dose in per-
99 ........................................................................... 2.3 cent exposure.
100 ......................................................................... 2
101 ......................................................................... 1.7 TABLE A–1—CONVERSION FROM ‘‘PERCENT
102 ......................................................................... 1.5
103 ......................................................................... 1.3 NOISE EXPOSURE’’ OR ‘‘DOSE’’ TO ‘‘8-HOUR
104 ......................................................................... 1.1 TIME-WEIGHTED AVERAGE SOUND LEVEL’’
105 ......................................................................... 1 (TWA)
106 ......................................................................... 0.87
107 ......................................................................... 0.76 Dose or percent noise exposure TWA
108 ......................................................................... 0.66
109 ......................................................................... 0.57 10 ........................................................................... 73.4
110 ......................................................................... 0.5 15 ........................................................................... 76.3
111 ......................................................................... 0.44 20 ........................................................................... 78.4
112 ......................................................................... 0.38 25 ........................................................................... 80.0
113 ......................................................................... 0.33 30 ........................................................................... 81.3
114 ......................................................................... 0.29 35 ........................................................................... 82.4
115 ......................................................................... 0.25 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
126 ......................................................................... 0.054 83 ........................................................................... 88.7
127 ......................................................................... 0.047 84 ........................................................................... 88.7
128 ......................................................................... 0.041 85 ........................................................................... 88.8
129 ......................................................................... 0.036 86 ........................................................................... 88.9
130 ......................................................................... 0.031 87 ........................................................................... 89.0
88 ........................................................................... 89.1
In the above table the reference duration, 89 ........................................................................... 89.2
T, is computed by 90 ........................................................................... 89.2
91 ........................................................................... 89.3
92 ........................................................................... 89.4
93 ........................................................................... 89.5
94 ........................................................................... 89.6
95 ........................................................................... 89.6
96 ........................................................................... 89.7
where L is the measured A-weighted sound 97 ........................................................................... 89.8
level. 98 ........................................................................... 89.9
99 ........................................................................... 89.9
II. CONVERSION BETWEEN ‘‘DOSE’’ AND ‘‘8- 100 ......................................................................... 90.0
HOUR TIME-WEIGHTED AVERAGE’’ SOUND 101 ......................................................................... 90.1
LEVEL 102 ......................................................................... 90.1
103 ......................................................................... 90.2

Compliance with paragraphs (c)–(r) of this 104 ......................................................................... 90.3
regulation is determined by the amount of 105 ......................................................................... 90.4
exposure to noise in the workplace. The 106 ......................................................................... 90.4
230
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
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
125 ......................................................................... 91.6 720 ......................................................................... 104.2
130 ......................................................................... 91.9 730 ......................................................................... 104.3
135 ......................................................................... 92.2 740 ......................................................................... 104.4
140 ......................................................................... 92.4 750 ......................................................................... 104.5
145 ......................................................................... 92.7 760 ......................................................................... 104.6
150 ......................................................................... 92.9 770 ......................................................................... 104.7
155 ......................................................................... 93.2 780 ......................................................................... 104.8
160 ......................................................................... 93.4 790 ......................................................................... 104.9
165 ......................................................................... 93.6 800 ......................................................................... 105.0
170 ......................................................................... 93.8 810 ......................................................................... 105.1
175 ......................................................................... 94.0 820 ......................................................................... 105.2
180 ......................................................................... 94.2 830 ......................................................................... 105.3
185 ......................................................................... 94.4 840 ......................................................................... 105.4
190 ......................................................................... 94.6 850 ......................................................................... 105.4
195 ......................................................................... 94.8 860 ......................................................................... 105.5
200 ......................................................................... 95.0 870 ......................................................................... 105.6
210 ......................................................................... 95.4 880 ......................................................................... 105.7
220 ......................................................................... 95.7 890 ......................................................................... 105.8
230 ......................................................................... 96.0 900 ......................................................................... 105.8
240 ......................................................................... 96.3 910 ......................................................................... 105.9
250 ......................................................................... 96.6 920 ......................................................................... 106.0
260 ......................................................................... 96.9 930 ......................................................................... 106.1
270 ......................................................................... 97.2 940 ......................................................................... 106.2
280 ......................................................................... 97.4 950 ......................................................................... 106.2
290 ......................................................................... 97.7 960 ......................................................................... 106.3
300 ......................................................................... 97.9 970 ......................................................................... 106.4
310 ......................................................................... 98.2 980 ......................................................................... 106.5
320 ......................................................................... 98.4 990 ......................................................................... 106.5
330 ......................................................................... 98.6 999 ......................................................................... 106.6
340 ......................................................................... 98.8
350 ......................................................................... 99.0
360 ......................................................................... 99.2 APPENDIX B TO § 1910.95—METHODS FOR ESTI-
370 ......................................................................... 99.4 MATING THE ADEQUACY OF HEARING PRO-
380 ......................................................................... 99.6 TECTOR ATTENUATION
390 ......................................................................... 99.8
400 ......................................................................... 100.0 This appendix is Mandatory
410 ......................................................................... 100.2
420 ......................................................................... 100.4 For employees who have experienced a sig-
430 ......................................................................... 100.5 nificant threshold shift, hearing protector
440 ......................................................................... 100.7 attenuation must be sufficient to reduce em-
450 ......................................................................... 100.8 ployee exposure to a TWA of 85 dB. Employ-
460 ......................................................................... 101.0
470 ......................................................................... 101.2
ers must select one of the following methods
480 ......................................................................... 101.3 by which to estimate the adequacy of hear-
490 ......................................................................... 101.5 ing protector attenuation.
500 ......................................................................... 101.6 The most convenient method is the Noise
510 ......................................................................... 101.8 Reduction Rating (NRR) developed by the
520 ......................................................................... 101.9 Environmental Protection Agency (EPA).
530 ......................................................................... 102.0 According to EPA regulation, the NRR must
540 ......................................................................... 102.2
be shown on the hearing protector package.
550 ......................................................................... 102.3

560 ......................................................................... 102.4 The NRR is then related to an individual
570 ......................................................................... 102.6 worker’s noise environment in order to as-
580 ......................................................................... 102.7 sess the adequacy of the attenuation of a
231
given hearing protector. This appendix de- (A) Obtain a representative sample of the
scribes four methods of using the NRR to de- C-weighted sound levels in the employee’s
termine whether a particular hearing pro- environment.
tector provides adequate protection within a (B) Subtract the NRR from the C-weighted
given exposure environment. Selection average sound level to obtain the estimated
among the four procedures is dependent upon A-weighted TWA under the ear protector.
the employer’s noise measuring instruments. (v) When using area monitoring procedures
Instead of using the NRR, employers may and a sound level meter set to the A-weigh-
evaluate the adequacy of hearing protector ing network.
attenuation by using one of the three meth- (A) Obtain a representative sound level for
ods developed by the National Institute for the area in question.
Occupational Safety and Health (NIOSH), (B) Subtract 7 dB from the NRR and sub-
which are described in the ‘‘List of Personal tract the remainder from the A-weighted
Hearing Protectors and Attenuation Data,’’ sound level for that area.
HEW Publication No. 76–120, 1975, pages 21–37. (vi) When using area monitoring proce-
These methods are known as NIOSH methods dures and a sound level meter set to the C-
#1B1, #1B2 and #1B3. The NRR described weighting network:
below is a simplification of NIOSH method
(A) Obtain a representative sound level for
#1B2. The most complex method is NIOSH
the area in question.
method #1B1, which is probably the most ac-
(B) Subtract the NRR from the C-weighted
curate method since it uses the largest
sound level for that area.
amount of spectral information from the in-
dividual employee’s noise environment. As APPENDIX C TO § 1910.95—AUDIOMETRIC
in the case of the NRR method described MEASURING INSTRUMENTS
below, if one of the NIOSH methods is used,
the selected method must be applied to an This appendix is Mandatory
individual’s noise environment to assess the
adequacy of the attenuation. Employers 1. In the event that pulsed-tone audiom-
should be careful to take a sufficient number eters are used, they shall have a tone on-
of measurements in order to achieve a rep- time of at least 200 milliseconds.
resentative sample for each time segment. 2. Self-recording audiometers shall comply
NOTE: The employer must remember that with the following requirements:
calculated attenuation values reflect real- (A) The chart upon which the audiogram is
istic values only to the extent that the pro- traced shall have lines at positions cor-
tectors are properly fitted and worn. responding to all multiples of 10 dB hearing
level within the intensity range spanned by
When using the NRR to assess hearing pro- the audiometer. The lines shall be equally
tector adequacy, one of the following meth- spaced and shall be separated by at least 1⁄4
ods must be used: inch. Additional increments are optional.
(i) When using a dosimeter that is capable The audiogram pen tracings shall not exceed
of C-weighted measurements: 2 dB in width.
(A) Obtain the employee’s C-weighted dose (B) It shall be possible to set the stylus
for the entire workshift, and convert to TWA manually at the 10-dB increment lines for
(see appendix A, II). calibration purposes.
(B) Subtract the NRR from the C-weighted (C) The slewing rate for the audiometer at-
TWA to obtain the estimated A-weighted tenuator shall not be more than 6 dB/sec ex-
TWA under the ear protector. cept that an initial slewing rate greater than
(ii) When using a dosimeter that is not ca- 6 dB/sec is permitted at the beginning of
pable of C-weighted measurements, the fol- each new test frequency, but only until the
lowing method may be used: second subject response.
(A) Convert the A-weighted dose to TWA (D) The audiometer shall remain at each
(see appendix A). required test frequency for 30 seconds (±3 sec-
(B) Subtract 7 dB from the NRR. onds). The audiogram shall be clearly
(C) Subtract the remainder from the A- marked at each change of frequency and the
weighted TWA to obtain the estimated A- actual frequency change of the audiometer
weighted TWA under the ear protector. shall not deviate from the frequency bound-
(iii) When using a sound level meter set to aries marked on the audiogram by more than
the A-weighting network: ±3 seconds.
(A) Obtain the employee’s A-weighted (E) It must be possible at each test fre-
TWA. quency to place a horizontal line segment
(B) Subtract 7 dB from the NRR, and sub- parallel to the time axis on the audiogram,
tract the remainder from the A-weighted such that the audiometric tracing crosses
TWA to obtain the estimated A-weighted the line segment at least six times at that
TWA under the ear protector. test frequency. At each test frequency the
(iv) When using a sound level meter set on threshold shall be the average of the
the C-weighting network: midpoints of the tracing excursions.
232
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
TABLE D–1—MAXIMUM ALLOWABLE OCTAVE- Reference

threshold Sound
BAND SOUND PRESSURE LEVELS FOR level for level meter
Frequency, Hz
AUDIOMETRIC TEST ROOMS TDH–39 reading,
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
APPENDIX E TO § 1910.95—ACOUSTIC 4000 ............................................... 9.5 79.5
CALIBRATION OF AUDIOMETERS 6000 ............................................... 15.5 85.5
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
the procedures described in this appendix. Ref-
The equipment necessary to perform these erence Sound
threshold
measurements is a sound level meter, oc- level
level for
Frequency, Hz meter
tave-band filter set, and a National Bureau TDH–49 reading,
of Standards 9A coupler. In making these ear- dB
phones,
measurements, the accuracy of the cali- dB
brating equipment shall be sufficient to de-
termine that the audiometer is within the 500 ..................................................... 13.5 83.5
tolerances permitted by American Standard 1000 ................................................... 7.5 77.5
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
A. Place the earphone coupler over the 6000 ................................................... 13.5 83.5
microphone of the sound level meter and
place the earphone on the coupler.
B. Set the audiometer’s hearing threshold APPENDIX F TO § 1910.95—CALCULATIONS AND
level (HTL) dial to 70 dB. APPLICATION OF AGE CORRECTIONS TO
C. Measure the sound pressure level of the AUDIOGRAMS
tones at each test frequency from 500 Hz This appendix Is Non-Mandatory
through 6000 Hz for each earphone.
D. At each frequency the readout on the In determining whether a standard thresh-
sound level meter should correspond to the old shift has occurred, allowance may be
levels in Table E–1 or Table E–2, as appro- made for the contribution of aging to the
priate, for the type of earphone, in the col- change in hearing level by adjusting the
umn entitled ‘‘sound level meter reading.’’ most recent audiogram. If the employer
(2) Linearity Check chooses to adjust the audiogram, the em-
A. With the earphone in place, set the fre- ployer shall follow the procedure described
quency to 1000 Hz and the HTL dial on the below. This procedure and the age correction
audiometer to 70 dB. tables were developed by the National Insti-
B. Measure the sound levels in the coupler tute for Occupational Safety and Health in
at each 10-dB decrement from 70 dB to 10 dB, the criteria document entitled ‘‘Criteria for
noting the sound level meter reading at each a Recommended Standard . . . Occupational
setting. Exposure to Noise,’’ ((HSM)–11001).
C. For each 10-dB decrement on the audi- For each audiometric test frequency;
ometer the sound level meter should indicate (i) Determine from Tables F–1 or F–2 the
a corresponding 10 dB decrease. age correction values for the employee by:
233
(A) Finding the age at which the most re- TABLE F–1—AGE CORRECTION VALUES IN
cent audiogram was taken and recording the DECIBELS FOR MALES
corresponding values of age corrections at
1000 Hz through 6000 Hz; Audiometric Test Frequencies (Hz)
(B) Finding the age at which the baseline Years
1000 2000 3000 4000 6000
audiogram was taken and recording the cor-
responding values of age corrections at 1000 20 or younger ....... 5 3 4 5 8
Hz through 6000 Hz. 21 ......................... 5 3 4 5 8
(ii) Subtract the values found in step (i)(B) 22 ......................... 5 3 4 5 8
from the value found in step (i)(A). 23 ......................... 5 3 4 6 9
(iii) The differences calculated in step (ii) 24 ......................... 5 3 5 6 9
25 ......................... 5 3 5 7 10
represented that portion of the change in 26 ......................... 5 4 5 7 10
hearing that may be due to aging. 27 ......................... 5 4 6 7 11
Example: Employee is a 32-year-old male. 28 ......................... 6 4 6 8 11
The audiometric history for his right ear is 29 ......................... 6 4 6 8 12
shown in decibels below. 30 ......................... 6 4 6 9 12
31 ......................... 6 4 7 9 13
Audiometric test frequency (Hz) 32 ......................... 6 5 7 10 14
Employee’s age 33 ......................... 6 5 7 10 14
1000 2000 3000 4000 6000 34 ......................... 6 5 8 11 15
35 ......................... 7 5 8 11 15
26 ......................... 10 5 5 10 5 36 ......................... 7 5 9 12 16
*27 ........................ 0 0 0 5 5 37 ......................... 7 6 9 12 17
28 ......................... 0 0 0 10 5 38 ......................... 7 6 9 13 17
29 ......................... 5 0 5 15 5 39 ......................... 7 6 10 14 18
30 ......................... 0 5 10 20 10 40 ......................... 7 6 10 14 19
31 ......................... 5 10 20 15 15 41 ......................... 7 6 10 14 20
*32 ........................ 5 10 10 25 20 42 ......................... 8 7 11 16 20
43 ......................... 8 7 12 16 21
The audiogram at age 27 is considered the 44 ......................... 8 7 12 17 22
baseline since it shows the best hearing 45 ......................... 8 7 13 18 23
threshold levels. Asterisks have been used to 46 ......................... 8 8 13 19 24
identify the baseline and most recent audio- 47 ......................... 8 8 14 19 24
48 ......................... 9 8 14 20 25
gram. A threshold shift of 20 dB exists at 4000
49 ......................... 9 9 15 21 26
Hz between the audiograms taken at ages 27 50 ......................... 9 9 16 22 27
and 32. 51 ......................... 9 9 16 23 28
(The threshold shift is computed by sub- 52 ......................... 9 10 17 24 29
tracting the hearing threshold at age 27, 53 ......................... 9 10 18 25 30
which was 5, from the hearing threshold at 54 ......................... 10 10 18 26 31
age 32, which is 25). A retest audiogram has 55 ......................... 10 11 19 27 32
56 ......................... 10 11 20 28 34
confirmed this shift. The contribution of
57 ......................... 10 11 21 29 35
aging to this change in hearing may be esti- 58 ......................... 10 12 22 31 36
mated in the following manner: 59 ......................... 11 12 22 32 37
Go to Table F–1 and find the age correction 60 or older ............ 11 13 23 33 38
values (in dB) for 4000 Hz at age 27 and age 32.
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)

Years
Age 27 .................. 5 4 6 7 11 1000 2000 3000 4000 6000
Difference ...... 1 1 1 3 3 20 or younger ....... 7 4 3 3 6
21 ......................... 7 4 4 3 6
The difference represents the amount of 22 ......................... 7 4 4 4 6
hearing loss that may be attributed to aging 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
26 ......................... 8 5 5 4 8
In this example, the difference at 4000 Hz is 27 ......................... 8 5 5 5 8
3 dB. This value is subtracted from the hear- 28 ......................... 8 5 5 5 8
ing level at 4000 Hz, which in the most recent 29 ......................... 8 5 5 5 9
audiogram is 25, yielding 22 after adjust- 30 ......................... 8 6 5 5 9
ment. Then the hearing threshold in the 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
34 ......................... 9 6 6 6 10
hearing threshold at 4000 Hz (22). Thus the
35 ......................... 9 6 7 7 11
age-corrected threshold shift would be 17 dB 36 ......................... 9 7 7 7 11
(as opposed to a threshold shift of 20 dB 37 ......................... 9 7 7 7 12
without age correction). 38 ......................... 10 7 7 7 12
234
TABLE F–2—AGE CORRECTION VALUES IN level meter and the dosimeter. A sound level
DECIBELS FOR FEMALES—Continued meter is a device that measures the inten-
sity of sound at a given moment. Since
Audiometric Test Frequencies (Hz) sound level meters provide a measure of
Years sound intensity at only one point in time, it
1000 2000 3000 4000 6000
is generally necessary to take a number of
39 ......................... 10 7 8 8 12 measurements at different times during the
40 ......................... 10 7 8 8 13 day to estimate noise exposure over a work-
41 ......................... 10 8 8 8 13 day. If noise levels fluctuate, the amount of
42 ......................... 10 8 9 9 13
time noise remains at each of the various
43 ......................... 11 8 9 9 14
44 ......................... 11 8 9 9 14 measured levels must be determined.
45 ......................... 11 8 10 10 15 To estimate employee noise exposures with
46 ......................... 11 9 10 10 15 a sound level meter it is also generally nec-
47 ......................... 11 9 10 11 16 essary to take several measurements at dif-
48 ......................... 12 9 11 11 16 ferent locations within the workplace. After
49 ......................... 12 9 11 11 16
50 ......................... 12 10 11 12 17
appropriate sound level meter readings are
51 ......................... 12 10 12 12 17 obtained, people sometimes draw ‘‘maps’’ of
52 ......................... 12 10 12 13 18 the sound levels within different areas of the
53 ......................... 13 10 13 13 18 workplace. By using a sound level ‘‘map’’
54 ......................... 13 11 13 14 19 and information on employee locations
55 ......................... 13 11 14 14 19 throughout the day, estimates of individual
56 ......................... 13 11 14 15 20
exposure levels can be developed. This meas-
57 ......................... 13 11 15 15 20
58 ......................... 14 12 15 16 21 urement method is generally referred to as
59 ......................... 14 12 16 16 21 area noise monitoring.
60 or older ............ 14 12 16 17 22 A dosimeter is like a sound level meter ex-
cept that it stores sound level measurements
APPENDIX G TO § 1910.95—MONITORING NOISE and integrates these measurements over
LEVELS NON-MANDATORY INFORMATIONAL time, providing an average noise exposure
APPENDIX reading for a given period of time, such as an
8-hour workday. With a dosimeter, a micro-
This appendix provides information to help phone is attached to the employee’s clothing
employers comply with the noise monitoring and the exposure measurement is simply
obligations that are part of the hearing con- read at the end of the desired time period. A
servation amendment. reader may be used to read-out the
WHAT IS THE PURPOSE OF NOISE MONITORING? dosimeter’s measurements. Since the dosim-
This revised amendment requires that em- eter is worn by the employee, it measures
ployees be placed in a hearing conservation noise levels in those locations in which the
program if they are exposed to average noise employee travels. A sound level meter can
levels of 85 dB or greater during an 8 hour
also be positioned within the immediate vi-
workday. In order to determine if exposures
cinity of the exposed worker to obtain an in-
are at or above this level, it may be nec-
dividual exposure estimate. Such procedures
essary to measure or monitor the actual
are generally referred to as personal noise
noise levels in the workplace and to estimate
monitoring.
the noise exposure or ‘‘dose’’ received by em-
ployees during the workday. Area monitoring can be used to estimate
WHEN IS IT NECESSARY TO IMPLEMENT A noise exposure when the noise levels are rel-
NOISE MONITORING PROGRAM?
atively constant and employees are not mo-
It is not necessary for every employer to bile. In workplaces where employees move
measure workplace noise. Noise monitoring about in different areas or where the noise
or measuring must be conducted only when intensity tends to fluctuate over time, noise
exposures are at or above 85 dB. Factors exposure is generally more accurately esti-
which suggest that noise exposures in the mated by the personal monitoring approach.
workplace may be at this level include em- In situations where personal monitoring is
ployee complaints about the loudness of appropriate, proper positioning of the micro-
noise, indications that employees are losing phone is necessary to obtain accurate meas-
their hearing, or noisy conditions which urements. With a dosimeter, the microphone
make normal conversation difficult. The em- is generally located on the shoulder and re-
ployer should also consider any information mains in that position for the entire work-
available regarding noise emitted from spe- day. With a sound level meter, the micro-
cific machines. In addition, actual workplace phone is stationed near the employee’s head,
noise measurements can suggest whether or and the instrument is usually held by an in-
not a monitoring program should be initi- dividual who follows the employee as he or
ated. she moves about.
HOW IS NOISE MEASURED? Manufacturer’s instructions, contained in

Basically, there are two different instru- dosimeter and sound level meter operating
ments to measure noise exposures: the sound manuals, should be followed for calibration
235
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.
236
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.
Hertz (Hz)—Unit of measurement of fre-
ation level which should not be exceed-
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
stated time or event, of the 0.6 power of the
the case in which the entire body is ex-
measured SLOW exponential time-aver- posed to the incident electromagnetic
aged, squared A-weighted sound pressure energy or in which the cross section of
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
period of time in such a manner that it di-
frequencies from 10 MHz to 100 GHz,
rectly indicates a noise dose. the radiation protection guide is 10
Otolaryngologist—A physician specializing mW/cm.2 (milliwatt per square centi-
in diagnosis and treatment of disorders of meter) as averaged over any possible
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-
weighted average sound level that the em- Power density: 10 mW./cm.2 for periods of 0.1-
ployers deem to be representative of the hour or more.
exposures of other employees in the work- Energy density: 1 mW.-hr./cm.2 (milliwatt
place. hour per square centimeter) during any 0.1-
Sound level—Ten times the common loga- hour period.
rithm of the ratio of the square of the
measured A-weighted sound pressure to the This guide applies whether the radi-
square of the standard reference pressure ation is continuous or intermittent.
of 20 micropascals. Unit: decibels (dB). For (ii) These formulated recommenda-
use with this regulation, SLOW time re- tions pertain to both whole body irra-
sponse, in accordance with ANSI S1.4–1971 diation and partial body irradiation.
(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.
Time-weighted average sound level—That some parts of the human body (e.g.,
sound level, which if constant over an 8- eyes, testicles) may be harmed if ex-
hour exposure, would result in the same posed to incident radiation levels sig-
noise dose as is measured. nificantly in excess of the rec-
ommended levels.
FR 4161, Jan. 16, 1981; 46 FR 62845, Dec. 29, (3) Warning symbol. (i) The warning
1981; 48 FR 9776, Mar. 8, 1983; 48 FR 29687, symbol for radio frequency radiation
June 28, 1983; 54 FR 24333, June 7, 1989; 61 FR hazards shall consist of a red isosceles
9236, Mar. 7, 1996; 71 FR 16672, Apr. 3, 2006; 73 triangle above an inverted black isos-
FR 75584, Dec. 12, 2008] 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) ANSI Z53.1–1967 or ANSI Z535.1–
stricted to that portion of the spec- 2006(R2011), incorporated by reference
trum commonly defined as the radio in § 1910.6, is for use for color specifica-
frequency region, which for the purpose tion. All lettering and the border shall
of this specification shall include the be of aluminum color.
microwave frequency region. (iii) The inclusion and choice of

(ii) Partial body irradiation. Pertains warning information or precautionary
to the case in which part of the body is instructions is at the discretion of the
237
user. If such information is included it

shall appear in the lower triangle of
the warning symbol.
FIGURE G–11—RADIO-FREQUENCY RADIATION HAZARD WARNING SYMBOL

238
EC27OC91.024
(4) Scope. This section applies to all 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–
radiations originating from radio sta- 96 (62 FR 111), 3–2000 (65 FR 50017), or 5–2007
tions, radar equipment, and other pos- (72 FR 31159), 4–2010 (75 FR 55355) or 1–2012 (77
FR 3912), as applicable; and 29 CFR part 1911.
sible sources of electromagnetic radi-
Sections 1910.103, 1910.106 through 1910.111,
ation such as used for communication,
and 1910.119, 1910.120, and 1910.122 through
radio navigation, and industrial and 1910.126 also issued under 29 CFR part 1911.
scientific purposes. This section does Section 1910.119 also issued under Section
not apply to the deliberate exposure of 304, Clean Air Act Amendments of 1990 (Pub.
patients by, or under the direction of, L. 101–549), reprinted at 29 U.S.C.A. 655 Note.
practitioners of the healing arts. Section 1910.120 also issued under Section
(b) [Reserved] 126, Superfund Amendments and Reauthor-
ization Act of 1986 as amended (29 U.S.C.A.
655 Note), and 5 U.S.C. 553.
FR 9236, Mar. 7, 1996; 78 FR 35566, June 13,
2013]
§ 1910.101 Compressed gases (general
§ 1910.98 Effective dates. requirements).
(a) The provisions of this subpart G (a) Inspection of compressed gas cyl-
shall become effective on August 27, inders. Each employer shall determine
1971, except as provided in the remain- that compressed gas cylinders under
ing paragraphs of this section. his control are in a safe condition to
(b) The following provisions shall be- the extent that this can be determined
come effective on February 15, 1972: by visual inspection. Visual and other
inspections shall be conducted as pre-
§ 1910.94 (a)(2)(iii), (a)(3), (a)(4), (b), (c)(2), scribed in the Hazardous Materials
(c)(3), (c)(4), (c)(5), (c)(6)(i), (c)(6)(ii),
(d)(1)(ii), (d)(3), (d)(4), (d)(5), and (d)(7).
Regulations of the Department of
Transportation (49 CFR parts 171–179
(c) Notwithstanding anything in and 14 CFR part 103). Where those regu-
paragraph (a), (b), or (d) of this section, lations are not applicable, visual and
any provision in any other section of other inspections shall be conducted in
this subpart which contains in itself a accordance with Compressed Gas Asso-
specific effective date or time limita- ciation Pamphlets C–6–1968 and C–8–
tion shall become effective on such 1962, which is incorporated by reference
date or shall apply in accordance with as specified in § 1910.6.
such limitation. (b) Compressed gases. The in-plant
(d) Notwithstanding anything in handling, storage, and utilization of all
paragraph (a) of this section, if any compressed gases in cylinders, portable
standard in 41 CFR part 50–204, other tanks, rail tankcars, or motor vehicle
than a national consensus standard in- cargo tanks shall be in accordance with
corporated by reference in § 50– Compressed Gas Association Pamphlet
204.2(a)(1), is or becomes applicable at P–1–1965, which is incorporated by ref-
any time to any employment and place erence as specified in § 1910.6.
of employment, by virtue of the Walsh- (c) Safety relief devices for compressed
Healey Public Contracts Act, or the gas containers. Compressed gas cyl-
Service Contract Act of 1965, or the Na- inders, portable tanks, and cargo tanks
tional Foundation on Arts and Human- shall have pressure relief devices in-
ities Act of 1965, any corresponding es- stalled and maintained in accordance
tablished Federal standard in this sub- with Compressed Gas Association Pam-
part G which is derived from 41 CFR phlets S–1.1–1963 and 1965 addenda and
part 50–204 shall also become effective, S–1.2–1963, which is incorporated by ref-
and shall be applicable to such employ- erence as specified in § 1910.6.
ment and place of employment, on the
same date. [39 FR 23502, June 27, 1974, as amended at 61
FR 9236, Mar. 7, 1996]
Subpart H—Hazardous Materials § 1910.102 Acetylene.
AUTHORITY: Sections 4, 6, and 8 of the Occu- (a) Cylinders. Employers must ensure
pational Safety and Health Act of 1970 (29 that the in-plant transfer, handling,
U.S.C. 653, 655, 657); Secretary of Labor’s storage, and use of acetylene in cyl-
Order No. 12–71 (36 FR 8754), 8–76 (41 FR inders comply with the provisions of
239
CGA Pamphlet G–1–2009 (‘‘Acetylene’’) structed and installed on or after that

(incorporated by reference, see § 1910.6). date.
(b) Piped systems. (1) Employers must [74 FR 40447, Aug. 11, 2009, as amended at 76
comply with Chapter 9 (‘‘Acetylene FR 75786, Dec. 5, 2011]
Piping’’) of NFPA 51A–2006 (‘‘Standard
for Acetylene Charging Plants’’) (Na- § 1910.103 Hydrogen.
tional Fire Protection Association, 2006 (a) General—(1) Definitions. As used in
ed., 2006). this section (i) Gaseous hydrogen sys-
(2) When employers can demonstrate tem is one in which the hydrogen is de-
that the facilities, equipment, struc- livered, stored and discharged in the
tures, or installations used to generate gaseous form to consumer’s piping. The
acetylene or to charge (fill) acetylene system includes stationary or movable
cylinders were installed prior to Feb- containers, pressure regulators, safety
ruary 16, 2006, these employers may relief devices, manifolds, inter-
comply with the provisions of Chapter connecting piping and controls. The
7 (‘‘Acetylene Piping’’) of NFPA 51A– system terminates at the point where
2001 (‘‘Standard for Acetylene Charging hydrogen at service pressure first en-
ters the consumer’s distribution pip-
Plants’’) (National Fire Protection As-
ing.
sociation, 2001 ed., 2001).
(ii) Approved—Means, unless other-
(3) The provisions of § 1910.102(b)(2) wise indicated, listed or approved by a
also apply when the facilities, equip- nationally recognized testing labora-
ment, structures, or installations used tory. Refer to § 1910.7 for definition of
to generate acetylene or to charge (fill) nationally recognized testing labora-
acetylene cylinders were approved for tory.
construction or installation prior to (iii) Listed—See ‘‘approved’’.
February 16, 2006, but constructed and (iv) ASME—American Society of Me-
installed on or after that date. chanical Engineers.
(4) For additional information on (v) DOT Specifications—Regulations
acetylene piping systems, see CGA G– of the Department of Transportation
1.2–2006, part 3 (‘‘Acetylene piping’’) published in 49 CFR Chapter I.
(Compressed Gas Association, Inc., 3rd (vi) DOT regulations—See § 1910.103
ed., 2006). (a)(1)(v).
(c) Generators and filling cylinders. (1) (2) Scope—(i) Gaseous hydrogen sys-
Employers must ensure that facilities, tems. (a) Paragraph (b) of this section
equipment, structures, or installations applies to the installation of gaseous
used to generate acetylene or to charge hydrogen systems on consumer prem-
(fill) acetylene cylinders comply with ises where the hydrogen supply to the
the provisions of NFPA 51A–2006 consumer premises originates outside
(‘‘Standard for Acetylene Charging the consumer premises and is delivered
Plants’’) (National Fire Protection As- by mobile equipment.
(b) Paragraph (b) of this section does
sociation, 2006 ed., 2006).
not apply to gaseous hydrogen systems
(2) When employers can demonstrate having a total hydrogen content of less
that the facilities, equipment, struc- than 400 cubic feet, nor to hydrogen
tures, or installations used to generate manufacturing plants or other estab-
acetylene or to charge (fill) of acety- lishments operated by the hydrogen
lene cylinders were constructed or in- supplier or his agent for the purpose of
stalled prior to February 16, 2006, these storing hydrogen and refilling portable
employers may comply with the provi- containers, trailers, mobile supply
sions of NFPA 51A–2001 (‘‘Standard for trucks, or tank cars.
Acetylene Charging Plants’’) (National (ii) Liquefied hydrogen systems. (a)
Fire Protection Association, 2001 ed., Paragraph (c) of this section applies to
2001). the installation of liquefied hydrogen
(3) The provisions of § 1910.102(c)(2) systems on consumer premises.
also apply when the facilities, equip- (b) Paragraph (c) of this section does
ment, structures, or installations were not apply to liquefied hydrogen port-

approved for construction or installa- able containers of less than 150 liters
tion prior to February 16, 2006, but con- (39.63 gallons) capacity; nor to liquefied
240
hydrogen manufacturing plants or suitable for hydrogen service and for

other establishments operated by the the pressures and temperatures in-
hydrogen supplier or his agent for the volved. Cast iron pipe and fittings shall
sole purpose of storing liquefied hydro- not be used.
gen and refilling portable containers, (b) Piping and tubing shall conform
trailers, mobile supply trucks, or tank to section 2—‘‘Industrial Gas and Air
cars. Piping’’—Code for Pressure Piping,
(b) Gaseous hydrogen systems—(1) De- ANSI B31.1–1967 with addenda B31.1–
sign—(i) Containers. (a) Hydrogen con- 1969, which is incorporated by reference
tainers shall comply with one of the as specified in § 1910.6.
following: (c) Joints in piping and tubing may
(1) Designed, constructed, and tested be made by welding or brazing or by
in accordance with appropriate require- use of flanged, threaded, socket, or
ments of ASME Boiler and Pressure compression fittings. Gaskets and
Vessel Code, section VIII—Unfired thread sealants shall be suitable for
Pressure Vessels—1968, which is incor- hydrogen service.
porated by reference as specified in (iv) Equipment assembly. (a) Valves,
§ 1910.6. gauges, regulators, and other acces-
(2) Designed, constructed, tested and sories shall be suitable for hydrogen
maintained in accordance with U.S. service.
Department of Transportation Speci- (b) Installation of hydrogen systems
fications and Regulations. shall be supervised by personnel famil-
(b) Permanently installed containers iar with proper practices with ref-
shall be provided with substantial non- erence to their construction and use.
combustible supports on firm non- (c) Storage containers, piping, valves,
combustible foundations. regulating equipment, and other acces-
(c) Each portable container shall be sories shall be readily accessible, and
legibly marked with the name ‘‘Hydro- shall be protected against physical
gen’’ in accordance with the marking damage and against tampering.
requirements set forth in (d) Cabinets or housings containing
§ 1910.253(b)(1)(ii). Each manifolded hy- hydrogen control or operating equip-
drogen supply unit shall be legibly ment shall be adequately ventilated.
marked with the name ‘‘Hydrogen’’ or (e) Each mobile hydrogen supply unit
a legend such as ‘‘This unit contains used as part of a hydrogen system shall
hydrogen.’’ be adequately secured to prevent move-
(ii) Safety relief devices. (a) Hydrogen ment.
containers shall be equipped with safe- (f) Mobile hydrogen supply units
ty relief devices as required by the shall be electrically bonded to the sys-
ASME Boiler and Pressure Vessel Code, tem before discharging hydrogen.
section VIII Unfired Pressure Vessels, (v) Marking. The hydrogen storage lo-
1968 or the DOT Specifications and cation shall be permanently placarded
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 neath electric power lines.
proper operation of the device. (d) Systems shall not be located close
(iii) Piping, tubing, and fittings. (a) to flammable liquid piping or piping of
Piping, tubing, and fittings shall be other flammable gases.
241
(e) Systems near aboveground flam- TABLE H–1—Continued

mable liquid storage shall be located
Size of hydrogen system
on ground higher than the flammable
liquid storage except when dikes, di- Nature of location Less than 3,000 CF In excess
to 15,000 of 15,000
version curbs, grading, or separating 3,000 CF CF CF
solid walls are used to prevent accumu-
lation of flammable liquids under the In a special room ...... III ............. III ............. Not per-
mitted.
system. Inside buildings not in IV ............. Not per- Not per-
(ii) Specific requirements. (a) The loca- a special room and mitted. mitted.
tion of a system, as determined by the exposed to other
occupancies.
maximum total contained volume of
hydrogen, shall be in the order of pref-
(b) The minimum distance in feet
erence as indicated by Roman numer-
from a hydrogen system of indicated
als in Table H–1.
capacity located outdoors, in separate
TABLE H–1 buildings or in special rooms to any
specified outdoor exposure shall be in
Size of hydrogen system accordance with Table H–2.
Nature of location 3,000 CF In excess (c) The distances in Table H–2 Items
Less than
3,000 CF to 15,000 of 15,000 1 and 3 to 10 inclusive do not apply
CF CF
where protective structures such as
Outdoors .................... I ............... IDI.. adequate fire walls are located between
In a separate building II .............. II .............. II. the system and the exposure.
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 (1) In an adequately ventilated area

3,000 CF when located inside buildings as in paragraph (b)(3)(ii)(b) of this sec-
and exposed to other occupancies shall tion.
be situated in the building so that the (2) Twenty feet from stored flam-
system will be as follows: mable materials or oxidizing gases.
242
(3) Twenty-five feet from open doors in exterior walls opening out-
flames, ordinary electrical equipment ward; lightly fastened walls or roof de-
or other sources of ignition. signed to relieve at a maximum pres-
(4) Twenty-five feet from concentra- sure of 25 pounds per square foot.
tions of people. (d) There shall be no sources of igni-
(5) Fifty feet from intakes of ventilation from open flames, electrical equip-
tion or air-conditioning equipment and ment, or heating equipment.
air compressors. (e) Electrical equipment shall be in
(6) Fifty feet from other flammable accordance with subpart S of this part
gas storage.
for Class I, Division 2 locations.
(7) Protected against damage or in-
jury due to falling objects or working (f) Heating, if provided, shall be by
activity in the area. steam, hot water, or other indirect
(8) More than one system of 3,000 CF means.
or less may be installed in the same (iii) Special rooms. (a) Floor, walls,
room, provided the systems are sepa- and ceiling shall have a fire-resistance
rated by at least 50 feet. Each such sys- rating of at least 2 hours. Walls or par-
tem shall meet all of the requirements titions shall be continuous from floor
of this paragraph. to ceiling and shall be securely an-
(3) Design consideration at specific loca- chored. At least one wall shall be an
tions—(i) Outdoor locations. (a) Where exterior wall. Openings to other parts
protective walls or roofs are provided, of the building shall not be permitted.
they shall be constructed of non- Windows and doors shall be in exterior
combustible materials. walls and shall be located so as to be
(b) Where the enclosing sides adjoin readily accessible in case of emer-
each other, the area shall be properly gency. Windows shall be of glass or
ventilated. plastic in metal frames.
(c) Electrical equipment within 15 (b) Ventilation shall be as provided in
feet shall be in accordance with subparagraph (b)(3)(ii)(b) of this section.
part S of this part.
(c) Explosion venting shall be as pro-
(ii) Separate buildings. (a) Separate
buildings shall be built of at least non- vided in paragraph (b)(3)(ii)(c) of this
combustible construction. Windows section.
and doors shall be located so as to be (d) There shall be no sources of igni-
readily accessible in case of emer- tion from open flames, electrical equip-
gency. Windows shall be of glass or ment, or heating equipment.
plastic in metal frames. (e) Electric equipment shall be in ac-
(b) Adequate ventilation to the out- cordance with the requirements of sub-
doors shall be provided. Inlet openings part S of this part for Class I, Division
shall be located near the floor in exte- 2 locations.
rior walls only. Outlet openings shall (f) Heating, if provided, shall be by
be located at the high point of the steam, hot water, or indirect means.
room in exterior walls or roof. Inlet (4) Operating instructions. For instal-
and outlet openings shall each have lations which require any operation of
minimum total area of one (1) square equipment by the user, legible instruc-
foot per 1,000 cubic feet of room vol- tions shall be maintained at operating
ume. Discharge from outlet openings locations.
shall be directed or conducted to a safe
(5) Maintenance. The equipment and
location.
functioning of each charged gaseous
(c) Explosion venting shall be pro-
vided in exterior walls or roof only. hydrogen system shall be maintained
The venting area shall be equal to not in a safe operating condition in accord-
less than 1 square foot per 30 cubic feet ance with the requirements of this sec-
of room volume and may consist of any tion. The area within 15 feet of any hy-
one or any combination of the fol- drogen container shall be kept free of
lowing: Walls of light, noncombustible dry vegetation and combustible mate-
material, preferably single thickness, rial.

single strength glass; lightly fastened
hatch covers; lightly fastened swinging
243
(c) Liquefied hydrogen systems—(1) De- graph (c)(2)(i)(f) of this section for
sign—(i) Containers. (a) Hydrogen con- venting of safety relief devices in spe-
tainers shall comply with the fol- cial locations.
lowing: Storage containers shall be de- (c) Safety relief devices or vent pip-
signed, constructed, and tested in ac- ing shall be designed or located so that
cordance with appropriate require- moisture cannot collect and freeze in a
ments of the ASME Boiler and Pres- manner which would interfere with
sure Vessel Code, section VIII—Unfired proper operation of the device.
Pressure Vessels (1968) or applicable (d) Safety relief devices shall be pro-
provisions of API Standard 620, Rec- vided in piping wherever liquefied hy-
ommended Rules for Design and Con- drogen could be trapped between clo-
struction of Large, Welded, Low-Pres- sures.
sure Storage Tanks, Second Edition (v) Piping, tubing, and fittings. (a) Pip-
(June 1963) and appendix R (April 1965), ing, tubing, and fittings and gasket and
which is incorporated by reference as thread sealants shall be suitable for
specified in § 1910.6. hydrogen service at the pressures and
(b) Portable containers shall be de- temperatures involved. Consideration
signed, constructed and tested in ac- shall be given to the thermal expansion
cordance with DOT Specifications and and contraction of piping systems
Regulations. when exposed to temperature fluctua-
(ii) Supports. Permanently installed
tions of ambient to liquefied hydrogen
containers shall be provided with sub-
temperatures.
stantial noncombustible supports se-
(b) Gaseous hydrogen piping and tub-
curely anchored on firm noncombus-
tible foundations. Steel supports in ex- ing (above ¥20 °F.) shall conform to
cess of 18 inches in height shall be pro- the applicable sections of Pressure Pip-
tected with a protective coating having ing section 2—Industrial Gas and Air
a 2-hour fire-resistance rating. Piping, ANSI B31.1–1967 with addenda
(iii) Marking. Each container shall be B31.1–1969. Design of liquefied hydrogen
legibly marked to indicate ‘‘LIQUE- or cold (¥20 °F. or below) gas piping
FIED HYDROGEN—FLAMMABLE shall use Petroleum Refinery Piping
GAS.’’ ANSI B31.3–1966 or Refrigeration Pip-
(iv) Safety relief devices. (a)(1) Sta- ing ANSI B31.5–1966 with addenda
tionary liquefied hydrogen containers B31.5a–1968 as a guide, which are incor-
shall be equipped with safety relief de- porated by reference as specified in
vices sized in accordance with CGA § 1910.6.
Pamphlet S–1, part 3, Safety Relief De- (c) Joints in piping and tubing shall
vice Standards for Compressed Gas preferably be made by welding or braz-
Storage Containers, which is incor- ing; flanged, threaded, socket, or suit-
porated by reference as specified in able compression fittings may be used.
§ 1910.6. (d) Means shall be provided to mini-
(2) Portable liquefied hydrogen con- mize exposure of personnel to piping
tainers complying with the U.S. De- operating at low temperatures and to
partment of Transportation Regula- prevent air condensate from contacting
tions shall be equipped with safety re- piping, structural members, and sur-
lief devices as required in the U.S. De- faces not suitable for cryogenic tem-
partment of Transportation Specifica- peratures. Only those insulating mate-
tions and Regulations. Safety relief de- rials which are rated nonburning in ac-
vices shall be sized in accordance with cordance with ASTM Procedures D1692–
the requirements of CGA Pamphlet S– 68, which is incorporated by reference
1, Safety Relief Device Standards, part as specified in § 1910.6, may be used.
1, Compressed Gas Cylinders and part 2, Other protective means may be used to
Cargo and Portable Tank Containers. protect personnel. The insulation shall
(b) Safety relief devices shall be ar- be designed to have a vapor-tight seal
ranged to discharge unobstructed to in the outer covering to prevent the
the outdoors and in such a manner as condensation of air and subsequent ox-
to prevent impingement of escaping ygen enrichment within the insulation.

liquid or gas upon the container, adja- The insulation material and outside
cent structures or personnel. See para- shield shall also be of adequate design
244
to prevent attrition of the insulation (b) The vaporizer and its piping shall
due to normal operating conditions. be adequately protected on the hydro-
(e) Uninsulated piping and equipment gen and heating media sections with
which operate at liquefied-hydrogen safety relief devices.
temperature shall not be installed (c) Heat used in a liquefied hydrogen
above asphalt surfaces or other com- vaporizer shall be indirectly supplied
bustible materials in order to prevent utilizing media such as air, steam,
contact of liquid air with such mate- water, or water solutions.
rials. Drip pans may be installed under (d) A low temperature shutoff switch
uninsulated piping and equipment to shall be provided in the vaporizer dis-
retain and vaporize condensed liquid charge piping to prevent flow of lique-
air. fied hydrogen in the event of the loss of
(vi) Equipment assembly. (a) Valves, the heat source.
gauges, regulators, and other acces- (ix) Electrical systems. (a) Electrical
sories shall be suitable for liquefied hy- wiring and equipment located within 3
drogen service and for the pressures feet of a point where connections are
and temperatures involved. regularly made and disconnected, shall
(b) Installation of liquefied hydrogen be in accordance with subpart S of this
systems shall be supervised by per- part, for Class I, Group B, Division 1 lo-
cations.
sonnel familiar with proper practices
(b) Except as provided in (a) of this
and with reference to their construc-
subdivision, electrical wiring, and
tion and use.
equipment located within 25 feet of a
(c) Storage containers, piping, valves, point where connections are regularly
regulating equipment, and other acces- made and disconnected or within 25
sories shall be readily accessible and feet of a liquid hydrogen storage con-
shall be protected against physical tainer, shall be in accordance with sub-
damage and against tampering. A shut- part S of this part, for Class I, Group B,
off valve shall be located in liquid Division 2 locations. When equipment
product withdrawal lines as close to approved for class I, group B
the container as practical. On con- atmospheres is not commercially avail-
tainers of over 2,000 gallons capacity, able, the equipment may be—
this shutoff valve shall be of the re- (1) Purged or ventilated in accord-
mote control type with no connections, ance with NFPA No. 496–1967, Standard
flanges, or other appurtenances (other for Purged Enclosures for Electrical
than a welded manual shutoff valve) al- Equipment in Hazardous Locations,
lowed in the piping between the shutoff (2) Intrinsically safe, or
valve and its connection to the inner (3) Approved for Class I, Group C
container. atmospheres. This requirement does
(d) Cabinets or housings containing not apply to electrical equipment
hydrogen control equipment shall be which is installed on mobile supply
ventilated to prevent any accumula- trucks or tank cars from which the
tion of hydrogen gas. storage container is filled.
(vii) Testing. (a) After installation, (x) Bonding and grounding. The lique-
all field-erected piping shall be tested fied hydrogen container and associated
and proved hydrogen gas-tight at oper- piping shall be electrically bonded and
ating pressure and temperature. grounded.
(b) Containers if out of service in ex- (2) Location of liquefied hydrogen stor-
cess of 1 year shall be inspected and age—(i) General requirements. (a) The
tested as outlined in (a) of this subdivi- storage containers shall be located so
sion. The safety relief devices shall be that they are readily accessible to mo-
checked to determine if they are oper- bile supply equipment at ground level
able and properly set. and to authorized personnel.
(viii) Liquefied hydrogen vaporizers. (a) (b) The containers shall not be ex-
The vaporizer shall be anchored and its posed by electric power lines, flam-
connecting piping shall be sufficiently mable liquid lines, flammable gas lines,
flexible to provide for the effect of ex- or lines carrying oxidizing materials.
pansion and contraction due to tem- (c) When locating liquified hydrogen
perature changes. storage containers near above-ground
245
flammable liquid storage or liquid oxygen—Flammable Gas—No Smoking—

gen storage, it is advisable to locate No Open Flames.’’
the liquefied hydrogen container on (f) If liquified hydrogen is located in
ground higher than flammable liquid (as specified in Table H–3) a separate
storage or liquid oxygen storage. building, in a special room, or inside
(d) Where it is necessary to locate buildings when not in a special room
the liquefied hydrogen container on and exposed to other occupancies, con-
ground that is level with or lower than tainers shall have the safety relief de-
adjacent flammable liquid storage or
vices vented unobstructed to the out-
liquid oxygen storage, suitable protec-
doors at a minimum elevation of 25 feet
tive means shall be taken (such as by
diking, diversion curbs, grading), with above grade to a safe location as re-
respect to the adjacent flammable liq- quired in paragraph (c)(1)(iv)(b) of this
uid storage or liquid oxygen storage, to section.
prevent accumulation of liquids within (ii) Specific requirements. (a) The loca-
50 feet of the liquefied hydrogen con- tion of liquefied hydrogen storage, as
tainer. determined by the maximum total
(e) Storage sites shall be fenced and quantity of liquified hydrogen, shall be
posted to prevent entrance by unau- in the order of preference as indicated
thorized personnel. Sites shall also be by Roman numerals in the following
placarded as follows: ‘‘Liquefied Hydro- 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.
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 TABLE H–4—MINIMUM DISTANCE (FEET) FROM
from liquefied hydrogen systems of in- LIQUEFIED HYDROGEN SYSTEMS TO EXPO-
dicated storage capacity located out- SURE 1 2—Continued
doors, in a separate building, or in a
Liquefied hydrogen storage
special room to any specified exposure (capacity in gallons)
shall be in accordance with Table H–4.
Type of exposure 39.63 15,001
(150 li- 3,501 to
TABLE H–4—MINIMUM DISTANCE (FEET) FROM ters) to 15,000 to
30,000
LIQUEFIED HYDROGEN SYSTEMS TO EXPO- 3,500
SURE 1 2
6. Between stationary lique-
fied hydrogen containers 5 5 5
Liquefied hydrogen storage
(capacity in gallons) 7. Flammable gas storage .. 50 75 100
8. Liquid oxygen storage
Type of exposure 39.63 and other oxidizers (see
15,001
(150 li- 3,501 to 513 and 514) ................... 100 100 100
to
ters) to 15,000 30,000 9. Combustible solids .......... 50 75 100
3,500
10. Open flames, smoking
1. Fire-resistive building and and welding ...................... 50 50 50
fire walls 3 ......................... 5 5 5 11. Concentrations of peo-
2. Noncombustible building 3 25 50 75 ple .................................... 75 75 75
3. Other buildings 3 .............. 50 75 100
1 The distance in Nos. 2, 3, 5, 7, 9, and 12 in Table H–4
4. Wall openings, air-com-
pressor intakes, inlets for may be reduced where protective structures, such as firewalls
equal to height of top of the container, to safeguard the lique-
air-conditioning or ven- fied hydrogen storage system, are located between the lique-
tilating equipment ............. 75 75 75 fied hydrogen storage installation and the exposure.
5. Flammable liquids (above 2 Where protective structures are provided, ventilation and
ground and vent or fill confinement of product should be considered. The 5-foot dis-
openings if below ground) tance in Nos. 1 and 6 facilitates maintenance and enhances
(see 513 and 514) ........... 50 75 100 ventilation.
246
3 Refer to Standard Types of Building Construction, NFPA
(c) If protective walls are provided,
No. 220–1969 for definitions of various types of construction.
In congested areas such as offices, lunchrooms, locker they shall be constructed of non-
rooms, time-clock areas. combustible materials and in accord-
(iii) Handling of liquefied hydrogen in- ance with the provisions of paragraph
side buildings other than separate build- (c)(3)(i)(a) of this section.
ings and special rooms. Portable lique- (d) Electrical wiring and equipment
fied hydrogen containers of 50 gallons shall comply with paragraph (c)(1)(ix)
or less capacity as permitted in Table (a) and (b) of this section.
H–3 and in compliance with subdivision (e) Adequate lighting shall be pro-
(i)(f) of this subparagraph when housed vided for nighttime transfer operation.
inside buildings not located in a special (ii) Separate buildings. (a) Separate
room and exposed to other occupancies buildings shall be of light noncombus-
shall comply with the following min- tible construction on a substantial
imum requirements: frame. Walls and roofs shall be lightly
(a) Be located 20 feet from flammable fastened and designed to relieve at a
liquids and readily combustible mate- maximum internal pressure of 25
rials such as excelsior or paper. pounds per square foot. Windows shall
(b) Be located 25 feet from ordinary be of shatterproof glass or plastic in
electrical equipment and other sources metal frames. Doors shall be located in
of ignition including process or analyt- such a manner that they will be readily
ical equipment. accessible to personnel in an emer-
(c) Be located 25 feet from concentra- gency.
tions of people. (b) Adequate ventilation to the out-
(d) Be located 50 feet from intakes of doors shall be provided. Inlet openings
ventilation and air-conditioning equip- shall be located near the floor level in
ment or intakes of compressors. exterior walls only. Outlet openings
(e) Be located 50 feet from storage of shall be located at the high point of the
other flammable-gases or storage of room in exterior walls or roof. Both the
oxidizing gases. inlet and outlet vent openings shall
(f) Containers shall be protected have a minimum total area of 1 square
against damage or injury due to falling foot per 1,000 cubic feet of room vol-
objects or work activity in the area. ume. Discharge from outlet openings
(g) Containers shall be firmly secured shall be directed or conducted to a safe
and stored in an upright position. location.
(h) Welding or cutting operations, (c) There shall be no sources of igni-
and smoking shall be prohibited while tion.
hydrogen is in the room. (d) Electrical wiring and equipment
(i) The area shall be adequately ven- shall comply with paragraphs (c)(1)(ix)
tilated. Safety relief devices on the (a) and (b) of this section except that
containers shall be vented directly out- the provisions of paragraph (c)(1)(ix)(b)
doors or to a suitable hood. See para- of this section shall apply to all elec-
graphs (c)(1)(iv)(b) and (c)(2)(i)(f) of trical wiring and equipment in the sep-
this section. arate building.
(3) Design considerations at specific lo- (e) Heating, if provided, shall be by
cations—(i) Outdoor locations. (a) Out- steam, hot water, or other indirect
door location shall mean outside of any means.
building or structure, and includes lo- (iii) Special rooms. (a) Floors, walls,
cations under a weather shelter or can- and ceilings shall have a fire resistance
opy provided such locations are not en- rating of at least 2 hours. Walls or par-
closed by more than two walls set at titions shall be continuous from floor
right angles and are provided with to ceiling and shall be securely an-
vent-space between the walls and vent- chored. At least one wall shall be an
ed roof or canopy. exterior wall. Openings to other parts
(b) Roadways and yard surfaces lo- of the building shall not be permitted.
cated below liquefied hydrogen piping, Windows and doors shall be in exterior
from which liquid air may drip, shall walls and doors shall be located in such
be constructed of noncombustible ma- a manner that they will be accessible
terials. in an emergency. Windows shall be of
247
shatterproof glass or plastic in metal § 1910.104 Oxygen.

frames.
(a) Scope. This section applies to the
(b) Ventilation shall be as provided in
installation of bulk oxygen systems on
paragraph (c)(3)(ii)(b) of this section.
industrial and institutional consumer
(c) Explosion venting shall be pro-
vided in exterior walls or roof only. premises. This section does not apply
The venting area shall be equal to not to oxygen manufacturing plants or
less than 1 square foot per 30 cubic feet other establishments operated by the
of room volume and may consist of any oxygen supplier or his agent for the
one or any combination of the fol- purpose of storing oxygen and refilling
lowing: Walls of light noncombustible portable containers, trailers, mobile
material; lightly fastened hatch covers; supply trucks, or tank cars, nor to sys-
lightly fastened swinging doors open- tems having capacities less than those
ing outward in exterior walls; lightly stated in paragraph (b)(1) of this sec-
fastened walls or roofs designed to re- tion.
lieve at a maximum pressure of 25 (b) Bulk oxygen systems—(1) Definition.
pounds per square foot. As used in this section: A bulk oxygen
(d) There shall be no sources of igni- system is an assembly of equipment,
tion. such as oxygen storage containers,
(e) Electrical wiring and equipment pressure regulators, safety devices, va-
shall comply with paragraph (c)(1)(ix) porizers, manifolds, and inter-
(a) and (b) of this section except that connecting piping, which has storage
the provision of paragraph (c)(1)(ix)(b) capacity of more than 13,000 cubic feet
of this section shall apply to all elec- of oxygen, Normal Temperature and
trical wiring and equipment in the spe- Pressure (NTP), connected in service or
cial room. ready for service, or more than 25,000
(f) Heating, if provided, shall be cubic feet of oxygen (NTP) including
steam, hot water, or by other indirect unconnected reserves on hand at the
means. site. The bulk oxygen system termi-
(4) Operating instructions—(i) Written nates at the point where oxygen at
instructions. For installation which re- service pressure first enters the supply
quire any operation of equipment by line. The oxygen containers may be
the user, legible instructions shall be stationary or movable, and the oxygen
maintained at operating locations. may be stored as gas or liquid.
(ii) Attendant. A qualified person (2) Location—(i) General. Bulk oxygen
shall be in attendance at all times storage systems shall be located above
while the mobile hydrogen supply unit ground out of doors, or shall be in-
is being unloaded. stalled in a building of noncombustible
(iii) Security. Each mobile liquefied construction, adequately vented, and
hydrogen supply unit used as part of a used for that purpose exclusively. The
hydrogen system shall be adequately location selected shall be such that
secured to prevent movement. containers and associated equipment
(iv) Grounding. The mobile liquefied
shall not be exposed by electric power
hydrogen supply unit shall be grounded
lines, flammable or combustible liquid
for static electricity.
lines, or flammable gas lines.
(5) Maintenance. The equipment and
functioning of each charged liquefied (ii) Accessibility. The system shall be
hydrogen system shall be maintained located so that it is readily accessible
in a safe operating condition in accord- to mobile supply equipment at ground
ance with the requirements of this sec- level and to authorized personnel.
tion. Weeds or similar combustibles (iii) Leakage. Where oxygen is stored
shall not be permitted within 25 feet of as a liquid, noncombustible surfacing
any liquefied hydrogen equipment. shall be provided in an area in which
any leakage of liquid oxygen might fall
[39 FR 23502, June 27, 1974, as amended at 43 during operation of the system and fill-
FR 49746, Oct. 24, 1978; 53 FR 12121, Apr. 12,
1988; 55 FR 32015, Aug. 6, 1990; 58 FR 35309, ing of a storage container. For pur-
June 30, 1993; 61 FR 9236, 9237, Mar. 7, 1996; 69 poses of this paragraph, asphaltic or bi-
FR 31881, June 8, 2004; 72 FR 71069, Dec. 14, tuminous paving is considered to be
2007] combustible.
248
(iv) Elevation. When locating bulk ox- Distance (feet) Capacity (gallons)
ygen systems near above-ground flam-
25 .................................................. 0 to 1000.
mable or combustible liquid storage
50 .................................................. 1001 or more.
which may be either indoors or out-
doors, it is advisable to locate the sys-
(viii) Combustible liquid storage below-
tem on ground higher than the flam-
ground.
mable or combustible liquid storage.
(v) Dikes. Where it is necessary to lo- Distance from oxygen stor-
Distance measured hori-
cate a bulk oxygen system on ground zontally from oxygen storage age container to filling and
vent connections or openings
lower than adjacent flammable or com- container to combustible liq- to combustible liquid tank
uid tank (feet)
bustible liquid storage suitable means (feet)
shall be taken (such as by diking, di-
15 ........................................... 40.
version curbs, or grading) with respect
to the adjacent flammable or combus-
(ix) Flammable gas storage. (Such as
tible liquid storage to prevent accumu-
compressed flammable gases, liquefied
lation of liquids under the bulk oxygen
flammable gases and flammable gases
system.
(3) Distance between systems and expo- in low pressure gas holders):
sures—(i) General. The minimum dis- Distance (feet) Capacity (cu. ft. NTP)
tance from any bulk oxygen storage
container to exposures, measured in 50 .................................................. Less than 5000.
the most direct line except as indicated 90 .................................................. 5000 or more.
in paragraphs (b)(3) (vi) and (viii) of
this section, shall be as indicated in (x) Highly combustible materials. Fifty
paragraphs (b)(3) (ii) to (xviii) of this feet from solid materials which burn
section inclusive. rapidly, such as excelsior or paper.
(ii) Combustible structures. Fifty feet (xi) Slow-burning materials. Twenty-
from any combustible structures. five feet from solid materials which
(iii) Fire resistive structures. Twenty- burn slowly, such as coal and heavy
five feet from any structures with fire- timber.
resistive exterior walls or sprinklered (xii) Ventilation. Seventy-five feet in
buildings of other construction, but one direction and 35 feet in approxi-
not less than one-half the height of ad- mately 90° direction from confining
jacent side wall of the structure. walls (not including firewalls less than
(iv) Openings. At least 10 feet from 20 feet high) to provide adequate ven-
any opening in adjacent walls of fire tilation in courtyards and similar con-
resistive structures. Spacing from such fining areas.
structures shall be adequate to permit (xiii) Congested areas. Twenty-five
maintenance, but shall not be less than feet from congested areas such as of-
1 foot. fices, lunchrooms, locker rooms, time
(v) Flammable liquid storage above- clock areas, and similar locations
ground. where people may congregate.
Distance (feet) Capacity (gallons) (xiv)–(xvii) [Reserved]
(xviii) Exceptions. The distances in
50 .................................................. 0 to 1000. paragraphs (b)(3) (ii), (iii), (v) to (xi) in-
90 .................................................. 1001 or more.
clusive, of this section do not apply
(vi) Flammable liquid storage below- where protective structures such as
ground. firewalls of adequate height to safe-
guard the oxygen storage systems are
Distance measured Distance from oxygen located between the bulk oxygen stor-
storage container to
horizontally from oxy- filling and vent con- Capacity gal- age installation and the exposure. In
gen storage container
to flammable liquid nections or openings lons such cases, the bulk oxygen storage in-
to flammable liquid
tank (feet) tank (feet) stallation may be a minimum distance
of 1 foot from the firewall.
15 .............................. 50 .............................. 0 to 1000.
30 .............................. 50 .............................. 1001 or
(4) Storage containers—(i) Foundations
more. and supports. Permanently installed
containers shall be provided with sub-

(vii) Combustible liquid storage above- stantial noncombustible supports on
ground. firm noncombustible foundations.
249
(ii) Construction—liquid. Liquid oxy- fication shall be equipped with safety

gen storage containers shall be fab- relief devices as required thereby.
ricated from materials meeting the im- (iii) ASME containers. Bulk oxygen
pact test requirements of paragraph storage containers designed and con-
UG–84 of ASME Boiler and Pressure structed in accordance with the ASME
Vessel Code, section VIII—Unfired Boiler and Pressure Vessel Code, sec-
Pressure Vessels—1968, which is incor- tion VIII—Unfired Pressure Vessel—
porated by reference as specified in 1968 shall be equipped with safety relief
§ 1910.6. Containers operating at pres- devices meeting the provisions of the
sures above 15 pounds per square inch Compressed Gas Association Pamphlet
gage (p.s.i.g.) shall be designed, con- ‘‘Safety Relief Device Standards for
structed, and tested in accordance with Compressed Gas Storage Containers,’’
appropriate requirements of ASME S–1, part 3, which is incorporated by
Boiler and Pressure Vessel Code, sec- reference as specified in § 1910.6.
tion VII—Unfired Pressure Vessels— (iv) Insulation. Insulation casings on
1968. Insulation surrounding the liquid liquid oxygen containers shall be
oxygen container shall be noncombus- equipped with suitable safety relief de-
tible. vices.
(iii) Construction—gaseous. High- pres- (v) Reliability. All safety relief de-
sure gaseous oxygen containers shall vices shall be so designed or located
comply with one of the following: that moisture cannot collect and freeze
(a) Designed, constructed, and tested in a manner which would interfere with
in accordance with appropriate require- proper operation of the device.
ments of ASME Boiler and Pressure (7) Liquid oxygen vaporizers—(i)
Vessel Code, Section VIII—Unfired Mounts and couplings. The vaporizer
Pressure Vessels—1968. shall be anchored and its connecting
(b) Designed, constructed, tested, and piping be sufficiently flexible to pro-
maintained in accordance with DOT vide for the effect of expansion and
Specifications and Regulations. contraction due to temperature
(5) Piping, tubing, and fittings—(i) Se- changes.
lection. Piping, tubing, and fittings (ii) Relief devices. The vaporizer and
shall be suitable for oxygen service and its piping shall be adequately protected
for the pressures and temperatures in- on the oxygen and heating medium sec-
volved. tions with safety relief devices.
(ii) Specification. Piping and tubing (iii) Heating. Heat used in an oxygen
shall conform to section 2—Gas and Air vaporizer shall be indirectly supplied
Piping Systems of Code for Pressure only through media such as steam, air,
Piping, ANSI, B31.1–1967 with addenda water, or water solutions which do not
B31.10a–1969, which is incorporated by react with oxygen.
reference as specified in § 1910.6. (iv) Grounding. If electric heaters are
(iii) Fabrication. Piping or tubing for used to provide the primary source of
operating temperatures below ¥20 °F. heat, the vaporizing system shall be
shall be fabricated from materials electrically grounded.
meeting the impact test requirements (8) Equipment assembly and installa-
of paragraph UG–84 of ASME Boiler tion—(i) Cleaning. Equipment making
and Pressure Vessel Code, Section up a bulk oxygen system shall be
VIII—Unfired Pressure Vessels—1968, cleaned in order to remove oil, grease
when tested at the minimum operating or other readily oxidizable materials
temperature to which the piping may before placing the system in service.
be subjected in service. (ii) Joints. Joints in piping and tubing
(6) Safety relief devices—(i) General. may be made by welding or by use of
Bulk oxygen storage containers, re- flanged, threaded, slip, or compression
gardless of design pressure shall be fittings. Gaskets or thread sealants
equipped with safety relief devices as shall be suitable for oxygen service.
required by the ASME code or the DOT (iii) Accessories. Valves, gages, regu-
specifications and regulations. lators, and other accessories shall be
(ii) DOT containers. Bulk oxygen stor- suitable for oxygen service.
age containers designed and con- (iv) Installation. Installation of bulk
structed in accordance with DOT speci- oxygen systems shall be supervised by
250
personnel familiar with proper prac- porated by reference as specified in

tices with reference to their construc- § 1910.6.
tion and use. [39 FR 23502, June 27, 1974, as amended at 61
(v) Testing. After installation all field FR 9237, Mar. 7, 1996]
erected piping shall be tested and
proved gas tight at maximum oper- § 1910.106 Flammable liquids.
ating pressure. Any medium used for (a) Definitions. As used in this sec-
testing shall be oil free and nonflam- tion:
mable. (1) Aerosol shall mean a material
(vi) Security. Storage containers, pip- which is dispensed from its container
ing, valves, regulating equipment, and as a mist, spray, or foam by a propel-
other accessories shall be protected lant under pressure.
against physical damage and against (2) Atmospheric tank shall mean a
tampering. storage tank which has been designed
(vii) Venting. Any enclosure con- to operate at pressures from atmos-
taining oxygen control or operating pheric through 0.5 p.s.i.g.
equipment shall be adequately vented. (3) Automotive service station shall
mean that portion of property where
(viii) Placarding. The bulk oxygen
flammable liquids used as motor fuels
storage location shall be permanently
are stored and dispensed from fixed
placarded to indicate: ‘‘OXYGEN—NO
equipment into the fuel tanks of motor
SMOKING—NO OPEN FLAMES’’, or an vehicles and shall include any facilities
equivalent warning. available for the sale and service of
(ix) Electrical wiring. Bulk oxygen in- tires, batteries, and accessories, and
stallations are not hazardous locations for minor automotive maintenance
as defined and covered in subpart S of work. Major automotive repairs, paint-
this part. Therefore, general purpose or ing, body and fender work are excluded.
weatherproof types of electrical wiring (4) Basement shall mean a story of a
and equipment are acceptable depend- building or structure having one-half
ing upon whether the installation is in- or more of its height below ground
doors or outdoors. Such equipment level and to which access for fire fight-
shall be installed in accordance with ing purposes is unduly restricted.
the applicable provisions of subpart S (5) Boiling point shall mean the boil-
of this part. ing point of a liquid at a pressure of
(9) Operating instructions. For instal- 14.7 pounds per square inch absolute
lations which require any operation of (p.s.i.a.) (760 mm.). Where an accurate
equipment by the user, legible instruc- boiling point is unavailable for the ma-
tions shall be maintained at operating terial in question, or for mixtures
locations. which do not have a constant boiling
(10) Maintenance. The equipment and point, for purposes of this section the
functioning of each charged bulk oxy- 10 percent point of a distillation per-
gen system shall be maintained in a formed in accordance with the Stand-
safe operating condition in accordance ard Method of Test for Distillation of
with the requirements of this section. Petroleum Products, ASTM D–86–62,
Wood and long dry grass shall be cut which is incorporated by reference as
back within 15 feet of any bulk oxygen specified in § 1910.6, may be used as the
storage container. boiling point of the liquid.
(6) Boilover shall mean the expulsion
[39 FR 23502, June 27, 1974, as amended at 43 of crude oil (or certain other liquids)
FR 49746, Oct. 24, 1978; 61 FR 9237, Mar. 7, from a burning tank. The light frac-
1996] tions of the crude oil burnoff producing
a heat wave in the residue, which on
§ 1910.105 Nitrous oxide.
reaching a water strata may result in
The piped systems for the in-plant the expulsion of a portion of the con-
transfer and distribution of nitrous tents of the tank in the form of froth.
oxide shall be designed, installed, (7) Bulk plant shall mean that por-
maintained, and operated in accord- tion of a property where flammable liq-

ance with Compressed Gas Association uids are received by tank vessel, pipe-
Pamphlet G–8.1–1964, which is incor- lines, tank car, or tank vehicle, and are
251
stored or blended in bulk for the pur- (ii) For a liquid which has a viscosity
pose of distributing such liquids by of 45 SUS or more at 100 °F (37.8 °C), or
tank vessel, pipeline, tank car, tank contains suspended solids, or has a
vehicle, or container. tendency to form a surface film while
(8) Chemical plant shall mean a large under test, the Standard Method of
integrated plant or that portion of Test for Flashpoint by Pensky-Martens
such a plant other than a refinery or Closed Tester (ASTM D–93–71) or an
distillery where flammable liquids are equivalent method as defined by Ap-
produced by chemical reactions or used pendix B to § 1910.1200—Physical Hazard
in chemical reactions. Criteria, shall be used except that the
(9) Closed container shall mean a methods specified in Note 1 to section
container as herein defined, so sealed 1.1 of ASTM D–93–71 may be used for
by means of a lid or other device that the respective materials specified in
neither liquid nor vapor will escape the Note. The preceding ASTM stand-
from it at ordinary temperatures. ard is incorporated by reference as
(10) Crude petroleum shall mean hy- specified in § 1910.6.
drocarbon mixtures that have a flash (iii) For a liquid that is a mixture of
point below 150 °F. and which have not compounds that have different
been processed in a refinery. volatilities and flashpoints, its
(11) Distillery shall mean a plant or flashpoint shall be determined by using
that portion of a plant where flam- the procedure specified in paragraph
mable liquids produced by fermenta- (a)(14)(i) or (ii) of this section on the
tion are concentrated, and where the liquid in the form it is shipped.
concentrated products may also be (iv) Organic peroxides, which undergo
mixed, stored, or packaged. autoaccelerating thermal decomposi-
(12) Fire area shall mean an area of a tion, are excluded from any of the
building separated from the remainder flashpoint determination methods
of the building by construction having
specified in this subparagraph.
a fire resistance of at least 1 hour and
(15) Hotel shall mean buildings or
having all communicating openings
groups of buildings under the same
properly protected by an assembly hav-
management in which there are sleep-
ing a fire resistance rating of at least 1
ing accommodations for hire, primarily
hour.
used by transients who are lodged with
(13) Flammable aerosol shall mean a
or without meals including but not
flammable aerosol as defined by Appen-
limited to inns, clubs, motels, and
dix B to § 1910.1200—Physical Hazard
apartment hotels.
Criteria. For the purposes of paragraph
(d) of this section, such aerosols are (16) Institutional occupancy shall
considered Category 1 flammable liq- mean the occupancy or use of a build-
uids. ing or structure or any portion thereof
(14) Flashpoint means the minimum by persons harbored or detained to re-
temperature at which a liquid gives off ceive medical, charitable or other care
vapor within a test vessel in sufficient or treatment, or by persons involun-
concentration to form an ignitable tarily detained.
mixture with air near the surface of (17) Liquid shall mean, for the pur-
the liquid, and shall be determined as pose of this section, any material
follows: which has a fluidity greater than that
(i) For a liquid which has a viscosity of 300 penetration asphalt when tested
of less than 45 SUS at 100 °F (37.8 °C), in accordance with ASTM Test for Pen-
does not contain suspended solids, and etration for Bituminous Materials, D–
does not have a tendency to form a sur- 5–65, which is incorporated by reference
face film while under test, the proce- as specified in § 1910.6.
dure specified in the Standard Method (18) [Reserved]
of Test for Flashpoint by Tag Closed (19) Flammable liquid means any liq-
Tester (ASTM D–56–70), which is incor- uid having a flashpoint at or below
porated by reference as specified in 199.4 °F (93 °C). Flammable liquids are
§ 1910.6, or an equivalent test method as divided into four categories as follows:

defined in Appendix B to § 1910.1200— (i) Category 1 shall include liquids
Physical Hazard Criteria, shall be used. having flashpoints below 73.4 °F (23 °C)
252
and having a boiling point at or below dering or receiving of professional serv-

95 °F (35 °C). ices.
(ii) Category 2 shall include liquids (25) Portable tank shall mean a
having flashpoints below 73.4 °F (23 °C) closed container having a liquid capac-
and having a boiling point above 95 °F ity over 60 U.S. gallons and not in-
(35 °C). tended for fixed installation.
(iii) Category 3 shall include liquids (26) Pressure vessel shall mean a
having flashpoints at or above 73.4 °F storage tank or vessel which has been
(23 °C) and at or below 140 °F (60 °C). designed to operate at pressures above
When a Category 3 liquid with a 15 p.s.i.g.
flashpoint at or above 100 °F (37.8 °C) is (27) Protection for exposure shall
heated for use to within 30 °F (16.7 °C) mean adequate fire protection for
of its flashpoint, it shall be handled in structures on property adjacent to
accordance with the requirements for a tanks, where there are employees of
Category 3 liquid with a flashpoint the establishment.
below 100 °F (37.8 °C). (28) Refinery shall mean a plant in
(iv) Category 4 shall include liquids which flammable liquids are produced
having flashpoints above 140 °F (60 °C) on a commercial scale from crude pe-
and at or below 199.4 °F (93 °C). When a troleum, natural gasoline, or other hy-
Category 4 flammable liquid is heated drocarbon sources.
for use to within 30 °F (16.7 °C) of its (29) Safety can shall mean an ap-
flashpoint, it shall be handled in ac- proved container, of not more than 5
cordance with the requirements for a gallons capacity, having a spring-clos-
Category 3 liquid with a flashpoint at ing lid and spout cover and so designed
or above 100 °F (37.8 °C). that it will safely relieve internal pres-
(v) When liquid with a flashpoint sure when subjected to fire exposure.
greater than 199.4 °F (93 °C) is heated
(30) Vapor pressure shall mean the
for use to within 30 °F (16.7 °C) of its
pressure, measured in pounds per
flashpoint, it shall be handled in ac-
square inch (absolute) exerted by a
cordance with the requirements for a
volatile liquid as determined by the
Category 4 flammable liquid.
‘‘Standard Method of Test for Vapor
(20) Unstable (reactive) liquid shall
Pressure of Petroleum Products (Reid
mean a liquid which in the pure state
Method),’’ American Society for Test-
or as commercially produced or trans-
ing and Materials ASTM D323–68, which
ported will vigorously polymerize, de-
is incorporated by reference as speci-
compose, condense, or will become self-
fied in § 1910.6.
reactive under conditions of shocks,
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 liquids used as fuels are (32) Storage: Flammable liquids shall
stored and dispensed from fixed equip- be stored in a tank or in a container
ment on shore, piers, wharves, or float- that complies with paragraph (d)(2) of
ing docks into the fuel tanks of self- this section.
propelled craft, and shall include all fa- (33) Barrel shall mean a volume of 42
cilities used in connection therewith. U.S. gallons.
(23) Mercantile occupancy shall mean (34) Container shall mean any can,
the occupancy or use of a building or barrel, or drum.
structure or any portion thereof for the (35) Approved unless otherwise indi-
displaying, selling, or buying of goods, cated, approved, or listed by a nation-
wares, or merchandise. ally recognized testing laboratory.
(24) Office occupancy shall mean the Refer to § 1910.7 for definition of nation-
occupancy or use of a building or struc- ally recognized testing laboratory.

ture or any portion thereof for the (36) Listed see ‘‘approved’’ in
transaction of business, or the ren- § 1910.106(a)(35).
253
(37) SUS means Saybolt Universal (1) Underwriters’ Laboratories, Inc.,

Seconds as determined by the Standard Subjects No. 142, Standard for Steel
Method of Test for Saybolt Viscosity Aboveground Tanks for Flammable and
(ASTM D–88–56), and may be deter- Combustible Liquids, 1968; No. 58,
mined by use of the SUS conversion ta- Standard for Steel Underground Tanks
bles specified in ASTM Method D2161– for Flammable and Combustible Liq-
66 following determination of viscosity uids, Fifth Edition, December 1961; or
in accordance with the procedures No. 80, Standard for Steel Inside Tanks
specified in the Standard Method of for Oil-Burner Fuel, September 1963.
Test for Viscosity of Transparent and (2) American Petroleum Institute
Opaque Liquids (ASTM D445–65). Standards No. 650, Welded Steel Tanks
(38) Viscous means a viscosity of 45 for Oil Storage, Third Edition, 1966.
SUS or more. (3) American Petroleum Institute
(b) Tank storage—(1) Design and con- Standards No. 12B, Specification for
struction of tanks—(i) Materials. (a) Bolted Production Tanks, Eleventh
Tanks shall be built of steel except as Edition, May 1958, and Supplement 1,
provided in paragraphs (b)(1)(i) (b) March 1962; No. 12D, Specification for
through (e) of this section. Large Welded Production Tanks, Sev-
(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
vessels may be used as atmospheric
used for storing flammable liquids hav-
tanks.
ing a gravity of 40° API or heavier.
(d) Atmospheric tanks shall not be
Concrete tanks with special lining may
used for the storage of a flammable liq-
be used for other services provided the
uid at a temperature at or above its
design is in accordance with sound en-
boiling point.
gineering practice.
(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 liquids at a liquid in accordance with acceptable stand-
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 Standard No. 620. Recommended Rules
alloy having a melting point above 1000 for the Design and Construction of
°F. and below that of the metal joined. Large, Welded, Low-Pressure Storage
(iii) Atmospheric tanks. (a) Atmos- Tanks, Third Edition, 1966.
pheric tanks shall be built in accord- (2) The principles of the Code for
ance with acceptable good standards of Unfired Pressure Vessels, Section VIII
design. Atmospheric tanks may be of the ASME Boiler and Pressure Ves-
built in accordance with the following sels Code, 1968.
consensus standards that are incor- (c) Atmospheric tanks built accord-
porated by reference as specified in ing to Underwriters’ Laboratories, Inc.,
§ 1910.6: requirements in subdivision (iii)(a) of
254
and shall be limited to 2.5 p.s.i.g. under tanks are accessible for firefighting
emergency venting conditions. purposes.
This paragraph may be used for oper- (f) The minimum separation between
ating pressures not exceeding 1 p.s.i.g. a liquefied petroleum gas container
(d) Pressure vessels may be used as and a flammable liquid storage tank
low-pressure tanks. shall be 20 feet, except in the case of
(v) Pressure vessels. (a) The normal op- flammable liquid tanks operating at
erating pressure of the vessel shall not pressures exceeding 2.5 p.s.i.g. or
exceed the design pressure of the ves- equipped with emergency venting
sel. which will permit pressures to exceed
(b) Pressure vessels shall be built in 2.5 p.s.i.g. in which case the provisions
accordance with the Code for Unfired of subdivisions (a) and (b) of this sub-
Pressure Vessels, Section VIII of the division shall apply. Suitable means
ASME Boiler and Pressure Vessel Code shall be taken to prevent the accumu-
1968. lation of flammable liquids under adja-
(vi) Provisions for internal corrosion. cent liquefied petroleum gas containers
When tanks are not designed in accord- such as by diversion curbs or grading.
ance with the American Petroleum In- When flammable liquid storage tanks
stitute, American Society of Mechan- are within a diked area, the liquefied
ical Engineers, or the Underwriters’ petroleum gas containers shall be out-
Laboratories, Inc.’s, standards, or if side the diked area and at least 10 feet
corrosion is anticipated beyond that away from the centerline of the wall of
provided for in the design formulas the diked area. The foregoing provi-
used, additional metal thickness or sions shall not apply when liquefied pe-
suitable protective coatings or linings troleum gas containers of 125 gallons or
shall be provided to compensate for the less capacity are installed adjacent to
corrosion loss expected during the de- fuel oil supply tanks of 550 gallons or
sign life of the tank. less capacity.
(2) Installation of outside aboveground (iii) [Reserved]
tanks. (iv) Normal venting for aboveground
(i) [Reserved] tanks. (a) Atmospheric storage tanks
(ii) Spacing (shell-to-shell) between shall be adequately vented to prevent
aboveground tanks. (a) The distance be- the development of vacuum or pressure
tween any two flammable liquid stor- sufficient to distort the roof of a cone
age tanks shall not be less than 3 feet. roof tank or exceeding the design pres-
(b) Except as provided in paragraph sure in the case of other atmospheric
(b)(2)(ii)(c) of this section, the distance tanks, as a result of filling or
between any two adjacent tanks shall emptying, and atmospheric tempera-
not be less than one-sixth the sum of ture changes.
their diameters. When the diameter of (b) Normal vents shall be sized either
one tank is less than one-half the di- in accordance with: (1) The American
ameter of the adjacent tank, the dis- Petroleum Institute Standard 2000
tance between the two tanks shall not (1968), Venting Atmospheric and Low-
be less than one-half the diameter of Pressure Storage Tanks, which is in-
the smaller tank. corporated by reference as specified in
(c) Where crude petroleum in con- § 1910.6; or (2) other accepted standard;
junction with production facilities are or (3) shall be at least as large as the
located in noncongested areas and have filling or withdrawal connection,
capacities not exceeding 126,000 gallons whichever is larger but in no case less
(3,000 barrels), the distance between than 11⁄4 inch nominal inside diameter.
such tanks shall not be less than 3 feet. (c) Low-pressure tanks and pressure
(d) Where unstable flammable liquids vessels shall be adequately vented to
are stored, the distance between such prevent development of pressure or
tanks shall not be less than one-half vacuum, as a result of filling or
the sum of their diameters. emptying and atmospheric tempera-
(e) When tanks are compacted in ture changes, from exceeding the de-
three or more rows or in an irregular sign pressure of the tank or vessel.

pattern, greater spacing or other Protection shall also be provided to
means shall be provided so that inside prevent overpressure from any pump
255
discharging into the tank or vessel flashpoint below 100 °F (37.8 °C) where
when the pump discharge pressure can conditions are such that their use may,
exceed the design pressure of the tank in case of obstruction, result in tank
or vessel. damage.
(d) If any tank or pressure vessel has (v) Emergency relief venting for fire ex-
more than one fill or withdrawal con- posure for aboveground tanks. (a) Every
nection and simultaneous filling or aboveground storage tank shall have
withdrawal can be made, the vent size some form of construction or device
shall be based on the maximum antici- that will relieve excessive internal
pated simultaneous flow. pressure caused by exposure fires.
(e) Unless the vent is designed to (b) In a vertical tank the construc-
limit the internal pressure 2.5 p.s.i. or tion referred to in subdivision (a) of
less, the outlet of vents and vent drains this subdivision may take the form of a
shall be arranged to discharge in such floating roof, lifter roof, a weak roof-
a manner as to prevent localized over- to-shell seam, or other approved pres-
heating of any part of the tank in the sure relieving construction. The weak
event vapors from such vents are ig- roof-to-shell seam shall be constructed
nited. to fail preferential to any other seam.
(f)(1) Tanks and pressure vessels stor- (c) Where entire dependence for emer-
ing Category 1 flammable liquids shall gency relief is placed upon pressure re-
be equipped with venting devices which lieving devices, the total venting ca-
shall be normally closed except when pacity of both normal and emergency
venting to pressure or vacuum condi- vents shall be enough to prevent rup-
tions. Tanks and pressure vessels stor- ture of the shell or bottom of the tank
ing Category 2 flammable liquids and if vertical, or of the shell or heads if
Category 3 flammable liquids with a horizontal. If unstable liquids are
flashpoint below 100 °F (37.8 °C) shall be stored, the effects of heat or gas result-
equipped with venting devices which ing from polymerization, decomposi-
shall be normally closed except when tion, condensation, or self-reactivity
venting under pressure or vacuum con- shall be taken into account. The total
ditions, or with approved flame arrest- capacity of both normal and emergency
ers. venting devices shall be not less than
(2) Exemption: Tanks of 3,000 bbls that derived from Table H–10 except as
(barrels). capacity or less containing provided in subdivision (e) or (f) of this
crude petroleum in crude-producing subdivision. Such device may be a self-
areas and outside aboveground atmos- closing manhole cover, or one using
pheric tanks under 1,000 gallons capac- long bolts that permit the cover to lift
ity containing other than Category 1 under internal pressure, or an addi-
flammable liquids may have open tional or larger relief valve or valves.
vents. (See paragraph (b)(2)(vi)(b) of The wetted area of the tank shall be
this section.) calculated on the basis of 55 percent of
(g) Flame arresters or venting de- the total exposed area of a sphere or
vices required in paragraph (b)(2)(iv)(f) spheroid, 75 percent of the total ex-
of this section may be omitted for Cat- posed area of a horizontal tank and the
egory 2 flammable liquids and Cat- first 30 feet above grade of the exposed
egory 3 flammable liquids with a 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
256
TABLE H–10—WETTED AREA VERSUS CUBIC FEET FREE AIR PER HOUR—Continued
[14.7 psia and 60 °F.]
Square feet CFH Square feet CFH Square feet CFH
140 147,000 1,000 524,000

160 168,000
180 190,000
200 211,000
(d) For tanks and storage vessels de- tank, in the event vapors from such
signed for pressure over 1 p.s.i.g., the vents are ignited.
total rate of venting shall be deter- (h) Each commercial tank venting
mined in accordance with Table H–10, device shall have stamped on it the
except that when the exposed wetted opening pressure, the pressure at which
area of the surface is greater than 2,800 the valve reaches the full open posi-
square feet, the total rate of venting tion, and the flow capacity at the lat-
shall be calculated by the following ter pressure, expressed in cubic feet per
formula: hour of air at 60 °F. and at a pressure
CFH = 1,107A 0.82 of 14.7 p.s.i.a.
(i) The flow capacity of tank venting
Where;
devices 12 inches and smaller in nomi-
CFH = Venting requirement, in cubic feet of nal pipe size shall be determined by ac-
free air per hour.
tual test of each type and size of vent.
A = Exposed wetted surface, in square feet.
These flow tests may be conducted by
NOTE: The foregoing formula is based on Q the manufacturer if certified by a
= 21,000A0.82. qualified impartial observer, or may be
(e) The total emergency relief vent- conducted by an outside agency. The
ing capacity for any specific stable liq- flow capacity of tank venting devices
uid may be determined by the fol- larger than 12 inches nominal pipe size,
lowing formula: including manhole covers with long
bolts or equivalent, may be calculated
V = 1337 ÷ L√M provided that the opening pressure is
V = Cubic feet of free air per hour from Table actually measured, the rating pressure
H–10. and corresponding free orifice area are
L = Latent heat of vaporization of specific stated, the word ‘‘calculated’’ appears
liquid in B.t.u. per pound. on the nameplate, and the computation
M = Molecular weight of specific liquids.
is based on a flow coefficient of 0.5 ap-
(f) The required airflow rate of sub- plied to the rated orifice area.
division (c) or (e) of this subdivision (vi) Vent piping for aboveground tanks.
may be multiplied by the appropriate (a) Vent piping shall be constructed in
factor listed in the following schedule accordance with paragraph (c) of this
when protection is provided as indi- section.
cated. Only one factor may be used for (b) Where vent pipe outlets for tanks
any one tank. storing Category 1 or 2 flammable liq-
0.5 for drainage in accordance with subdivi- uids, or Category 3 flammable liquids
sion (vii)(b) of this subparagraph for tanks with a flashpoint below 100 °F (37.8 °C),
over 200 square feet of wetted area. are adjacent to buildings or public
0.3 for approved water spray. ways, they shall be located so that the
0.3 for approved insulation. vapors are released at a safe point out-
0.15 for approved water spray with ap- side of buildings and not less than 12
proved insulation.
feet above the adjacent ground level. In
(g) The outlet of all vents and vent order to aid their dispersion, vapors
drains on tanks equipped with emer- shall be discharged upward or hori-
gency venting to permit pressures ex- zontally away from closely adjacent
ceeding 2.5 p.s.i.g. shall be arranged to walls. Vent outlets shall be located so
discharge in such a way as to prevent that flammable vapors will not be
localized overheating of any part of the trapped by eaves or other obstructions
257
and shall be at least five feet from be not less than the capacity of the
building openings. largest tank served by the enclosure,
(c) When tank vent piping is assuming a full tank. The capacity of
manifolded, pipe sizes shall be such as the diked enclosure shall be calculated
to discharge, within the pressure limi- by deducting the volume below the
tations of the system, the vapors they height of the dike of all tanks within
may be required to handle when the enclosure.
manifolded tanks are subject to the (3) Walls of the diked area shall be of
same fire exposure. earth, steel, concrete or solid masonry
(vii) Drainage, dikes, and walls for designed to be liquidtight and to with-
aboveground tanks—(a) Drainage and stand a full hydrostatic head. Earthen
diked areas. The area surrounding a walls 3 feet or more in height shall
tank or a group of tanks shall be pro- have a flat section at the top not less
vided with drainage as in subdivision than 2 feet wide. The slope of an earth-
(b) of this subdivision, or shall be diked en wall shall be consistent with the
as provided in subdivision (c) of this angle of repose of the material of which
subdivision, to prevent accidental dis- the wall is constructed.
charge of liquid from endangering ad- (4) The walls of the diked area shall
joining property or reaching water- be restricted to an average height of 6
ways. feet above interior grade.
(b) Drainage. Where protection of ad- (5) [Reserved]
joining property or waterways is by (6) No loose combustible material,
means of a natural or manmade drain- empty or full drum or barrel, shall be
age system, such systems shall comply permitted within the diked area.
with the following: (viii) Tank openings other than vents
(1) [Reserved] for aboveground tanks.
(2) The drainage system shall termi- (a)–(c) [Reserved]
nate in vacant land or other area or in (d) Openings for gaging shall be pro-
an impounding basin having a capacity vided with a vaportight cap or cover.
not smaller than that of the largest (e) For Category 2 flammable liquids
tank served. This termination area and and Category 3 flammable liquids with
the route of the drainage system shall a flashpoint below 100 °F (37.8 °C), other
be so located that, if the flammable than crude oils, gasolines, and as-
liquids in the drainage system are ig- phalts, the fill pipe shall be so designed
nited, the fire will not seriously expose and installed as to minimize the possi-
tanks or adjoining property. bility of generating static electricity.
(c) Diked areas. Where protection of A fill pipe entering the top of a tank
adjoining property or waterways is ac- shall terminate within 6 inches of the
complished by retaining the liquid bottom of the tank and shall be in-
around the tank by means of a dike, stalled to avoid excessive vibration.
the volume of the diked area shall (f) Filling and emptying connections
comply with the following require- which are made and broken shall be lo-
ments: cated outside of buildings at a location
(1) Except as provided in subdivision free from any source of ignition and
(2) of this subdivision, the volumetric not less than 5 feet away from any
capacity of the diked area shall not be building opening. Such connection
less than the greatest amount of liquid shall be closed and liquidtight when
that can be released from the largest not in use. The connection shall be
tank within the diked area, assuming a properly identified.
full tank. The capacity of the diked (3) Installation of underground tanks—
area enclosing more than one tank (i) Location. Excavation for under-
shall be calculated by deducting the ground storage tanks shall be made
volume of the tanks other than the with due care to avoid undermining of
largest tank below the height of the foundations of existing structures. Un-
dike. derground tanks or tanks under build-
(2) For a tank or group of tanks with ings shall be so located with respect to
fixed roofs containing crude petroleum existing building foundations and sup-
with boilover characteristics, the volu- ports that the loads carried by the lat-
metric capacity of the diked area shall ter cannot be transmitted to the tank.
258
The distance from any part of a tank flashpoint below 100 °F (37.8 °C), shall
storing Category 1 or 2 flammable liq- be so located that the discharge point
uids, or Category 3 flammable liquids is outside of buildings, higher than the
with a flashpoint below 100 °F (37.8 °C), fill pipe opening, and not less than 12
to the nearest wall of any basement or feet above the adjacent ground level.
pit shall be not less than 1 foot, and to Vent pipes shall discharge only upward
any property line that may be built in order to disperse vapors. Vent pipes
upon, not less than 3 feet. The distance 2 inches or less in nominal inside di-
from any part of a tank storing Cat- ameter shall not be obstructed by de-
egory 3 flammable liquids with a vices that will cause excessive back
flashpoint at or above 100 °F (37.8 °C) or pressure. Vent pipe outlets shall be so
Category 4 flammable liquids to the located that flammable vapors will not
nearest wall of any basement, pit or enter building openings, or be trapped
property line shall be not less than 1 under eaves or other obstructions. If
foot. the vent pipe is less than 10 feet in
(ii) Depth and cover. Underground length, or greater than 2 inches in
tanks shall be set on firm foundations nominal inside diameter, the outlet
and surrounded with at least 6 inches shall be provided with a vacuum and
of noncorrosive, inert materials such pressure relief device or there shall be
as clean sand, earth, or gravel well an approved flame arrester located in
tamped in place. The tank shall be the vent line at the outlet or within
placed in the hole with care since drop- the approved distance from the outlet.
ping or rolling the tank into the hole (b) Size of vents. Each tank shall be
can break a weld, puncture or damage vented through piping adequate in size
the tank, or scrape off the protective to prevent blow-back of vapor or liquid
coating of coated tanks. Tanks shall be at the fill opening while the tank is
covered with a minimum of 2 feet of being filled. Vent pipes shall be not less
earth, or shall be covered with not less than 11⁄4 inch nominal inside diameter.
than 1 foot of earth, on top of which
shall be placed a slab of reinforced con- TABLE H–11—VENT LINE DIAMETERS
crete not less than 4 inches thick. Pipe length 1
When underground tanks are, or are Maximum flow GPM
likely to be, subject to traffic, they 50 feet 100 feet 200 feet
shall be protected against damage from Inches Inches Inches
vehicles passing over them by at least 100 ....................................... 11⁄4 11⁄4 11⁄4
3 feet of earth cover, or 18 inches of 200 ....................................... 11⁄4 11⁄4 11⁄4
well-tamped earth, plus 6 inches of re- 300 ....................................... 11⁄4 11⁄4 11⁄2
400 ....................................... 11⁄4 11⁄2 2
inforced concrete or 8 inches of asphal- 500 ....................................... 11⁄2 11⁄2 2
tic concrete. When asphaltic or rein- 600 ....................................... 11⁄2 2 2
forced concrete paving is used as part 700 ....................................... 2 2 2
of the protection, it shall extend at 800 ....................................... 2 2 3
900 ....................................... 2 2 3
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 Category 3 flammable liquids
following methods: with a flashpoint at or above 100 °F
(a) Use of protective coatings or (37.8 °C) or Category 4 flammable liq-
wrappings; uids. Vent pipes from tanks storing
(b) Cathodic protection; or, Category 3 flammable liquids with a
(c) Corrosion resistant materials of flashpoint at or above 100 °F (37.8 °C) or
construction. Category 4 flammable liquids shall ter-
(iv) Vents. (a) Location and arrange- minate outside of the building and
ment of vents for Category 1 or 2 flam- higher than the fill pipe opening. Vent
mable liquids, or Category 3 flammable outlets shall be above normal snow
liquids with a flashpoint below 100 °F level. They may be fitted with return
(37.8 °C). Vent pipes from tanks storing bends, coarse screens or other devices
Category 1 or 2 flammable liquids, or to minimize ingress of foreign mate-
Category 3 flammable liquids with a rial.
259
(d) Vent piping shall be constructed mitted. Vents shall discharge vapors
in accordance with paragraph (c) of outside the buildings.
this section. Vent pipes shall be so laid (iii) Vent piping. Vent piping shall be
as to drain toward the tank without constructed in accordance with para-
sags or traps in which liquid can col- graph (c) of this section.
lect. They shall be located so that they (iv) Tank openings other than vents. (a)
will not be subjected to physical dam- Connections for all tank openings shall
age. The tank end of the vent pipe shall be vapor or liquidtight. Vents are cov-
enter the tank through the top. ered in subdivision (ii) of this subpara-
(e) When tank vent piping is graph.
manifolded, pipe sizes shall be such as (b) Each connection to a tank inside
to discharge, within the pressure limi- of buildings through which liquid can
tations of the system, the vapors they normally flow shall be provided with
may be required to handle when an internal or an external valve lo-
manifolded tanks are filled simulta- cated as close as practical to the shell
neously. of the tank. Such valves, when exter-
(v) Tank openings other than vents. (a) nal, and their connections to the tank
Connections for all tank openings shall shall be of steel except when the chem-
be vapor or liquid tight. ical characteristics of the liquid stored
(b) Openings for manual gaging, if are incompatible with steel. When ma-
independent of the fill pipe, shall be terials other than steel are necessary,
provided with a liquid-tight cap or they shall be suitable for the pressures,
cover. If inside a building, each such structural stresses, and temperatures
opening shall be protected against liq- involved, including fire exposures.
uid overflow and possible vapor release (c) Flammable liquid tanks located
by means of a spring loaded check inside of buildings, except in one-story
valve or other approved device. buildings designed and protected for
(c) Fill and discharge lines shall flammable liquid storage, shall be pro-
enter tanks only through the top. Fill vided with an automatic-closing heat-
lines shall be sloped toward the tank. actuated valve on each withdrawal con-
(d) For Category 2 flammable liquids nection below the liquid level, except
and Category 3 flammable liquids with for connections used for emergency dis-
a flashpoint below 100 °F (37.8 °C), other posal, to prevent continued flow in the
than crude oils, gasolines, and as- event of fire in the vicinity of the tank.
phalts, the fill pipe shall be so designed This function may be incorporated in
and installed as to minimize the possi- the valve required in (b) of this subdivi-
bility of generating static electricity sion, and if a separate valve, shall be
by terminating within 6 inches of the located adjacent to the valve required
bottom of the tank. in (b) of this subdivision.
(e) Filling and emptying connections (d) Openings for manual gaging, if
which are made and broken shall be lo- independent of the fill pipe (see (f) of
cated outside of buildings at a location this subdivision), shall be provided
free from any source of ignition and with a vaportight cap or cover. Each
not less than 5 feet away from any such opening shall be protected against
building opening. Such connection liquid overflow and possible vapor re-
shall be closed and liquidtight when lease by means of a spring loaded check
not in use. The connection shall be valve or other approved device.
properly identified. (e) For Category 2 flammable liquids
(4) Installation of tanks inside of build- and Category 3 flammable liquids with
ings—(i) Location. Tanks shall not be a flashpoint below 100 °F (37.8 °C), other
permitted inside of buildings except as than crude oils, gasoline, and asphalts,
provided in paragraphs (e), (g), (h), or the fill pipe shall be so designed and in-
(i) of this section. stalled as to minimize the possibility
(ii) Vents. Vents for tanks inside of of generating static electricity by ter-
buildings shall be as provided in sub- minating within 6 inches of the bottom
paragraphs (2) (iv), (v), (vi)(b), and of the tank.
(3)(iv) of this paragraph, except that (f) The fill pipe inside of the tank
emergency venting by the use of weak shall be installed to avoid excessive vi-
roof seams on tanks shall not be per- bration of the pipe.
260
(g) The inlet of the fill pipe shall be ing structure such as described in (m),
located outside of buildings at a loca- (n), and (o) of this subdivision.
tion free from any source of ignition (b) Independent water supply facili-
and not less than 5 feet away from any ties shall be provided at locations
building opening. The inlet of the fill where there is no ample and dependable
pipe shall be closed and liquidtight public water supply available for load-
when not in use. The fill connection ing partially empty tanks with water.
shall be properly identified. (c) In addition to the preceding re-
(h) Tanks inside buildings shall be quirements, each tank so located that
equipped with a device, or other means more than 70 percent, but less than 100
shall be provided, to prevent overflow percent, of its allowable liquid storage
into the building. capacity will be submerged at the es-
(5) Supports, foundations, and anchor- tablished maximum flood stage, shall
age for all tank locations—(i) General. be safeguarded by one of the following
Tank supports shall be installed on methods: Tank shall be raised, or its
firm foundations. Tank supports shall height shall be increased, until its top
be of concrete, masonry, or protected extends above the maximum flood
steel. Single wood timber supports (not stage a distance equivalent to 30 per-
cribbing) laid horizontally may be used cent or more of its allowable liquid
for outside aboveground tanks if not storage capacity: Provided, however,
more than 12 inches high at their low- That the submerged part of the tank
est point. shall not exceed two and one-half times
the diameter. Or, as an alternative to
(ii) Fire resistance. Steel supports or
the foregoing, adequate noncombus-
exposed piling shall be protected by
tible structural guides, designed to per-
materials having a fire resistance rat-
mit the tank to float vertically with-
ing of not less than 2 hours, except that
out loss of product, shall be provided.
steel saddles need not be protected if
(d) Each horizontal tank so located
less than 12 inches high at their lowest
that more than 70 percent of its stor-
point. Water spray protection or its
age capacity will be submerged at the
equivalent may be used in lieu of fire-
established flood stage, shall be an-
resistive materials to protect supports.
chored, attached to a foundation of
(iii) Spheres. The design of the sup- concrete or of steel and concrete, of
porting structure for tanks such as sufficient weight to provide adequate
spheres shall receive special engineer- load for the tank when filled with flam-
ing consideration. mable liquid and submerged by flood
(iv) Load distribution. Every tank waters to the established flood stage,
shall be so supported as to prevent the or adequately secured by other means.
excessive concentration of loads on the (e) [Reserved]
supporting portion of the shell. (f) At locations where there is no
(v) Foundations. Tanks shall rest on ample and dependable water supply, or
the ground or on foundations made of where filling of underground tanks
concrete, masonry, piling, or steel. with liquids is impracticable because of
Tank foundations shall be designed to the character of their contents, their
minimize the possibility of uneven set- use, or for other reasons, each tank
tling of the tank and to minimize cor- shall be safeguarded against movement
rosion in any part of the tank resting when empty and submerged by high
on the foundation. ground water or flood waters by an-
(vi) Flood areas. Where a tank is lo- choring, weighting with concrete or
cated in an area that may be subjected other approved solid loading material,
to flooding, the applicable precautions or securing by other means. Each such
outlined in this subdivision shall be ob- tank shall be so constructed and in-
served. stalled that it will safely resist exter-
(a) No aboveground vertical storage nal pressures due to high ground water
tank containing a flammable liquid or flood waters.
shall be located so that the allowable (g) At locations where there is an
liquid level within the tank is below ample and dependable water supply
the established maximum flood stage, available, underground tanks con-
unless the tank is provided with a guid- taining flammable liquids, so installed
261
that more than 70 percent of their stor- designed to withstand a unit force of
age capacity will be submerged at the not less than 50 pounds per square foot.
maximum flood stage, shall be so an- (p) The filling of a tank to be pro-
chored, weighted, or secured by other tected by water loading shall be start-
means, as to prevent movement of such ed as soon as flood waters reach a dan-
tanks when filled with flammable liq- gerous flood stage. The rate of filling
uids, and submerged by flood waters to shall be at least equal to the rate of
the established flood stage. rise of the floodwaters (or the estab-
(h) Pipe connections below the allow- lished average potential rate of rise).
able liquid level in a tank shall be pro- (q) Sufficient fuel to operate the
vided with valves or cocks located as water pumps shall be available at all
closely as practicable to the tank shell. times to insure adequate power to fill
Such valves and their connections to all tankage with water.
tanks shall be of steel or other mate- (r) All valves on connecting pipelines
rial suitable for use with the liquid shall be closed and locked in closed po-
being stored. Cast iron shall not be per- sition when water loading has been
mitted. completed.
(i) At locations where an independent (s) Where structural guides are pro-
water supply is required, it shall be en- vided for the protection of floating
tirely independent of public power and tanks, all rigid connections between
water supply. Independent source of tanks and pipelines shall be discon-
water shall be available when flood wa- nected and blanked off or blinded be-
ters reach a level not less than 10 feet fore the floodwaters reach the bottom
below the bottom of the lowest tank on of the tank, unless control valves and
a property. their connections to the tank are of a
(j) The self-contained power and type designed to prevent breakage be-
pumping unit shall be so located or so tween the valve and the tank shell.
designed that pumping into tanks may
(t) All valves attached to tanks other
be carried on continuously throughout
than those used in connection with
the rise in flood waters from a level 10
water loading operations shall be
feet below the lowest tank to the level
closed and locked.
of the potential flood stage.
(k) Capacity of the pumping unit (u) If a tank is equipped with a swing
shall be such that the rate of rise of line, the swing pipe shall be raised to
water in all tanks shall be equivalent and secured at its highest position.
to the established potential average (v) Inspections. The Assistant Sec-
rate of rise of flood waters at any retary or his designated representative
stage. shall make periodic inspections of all
(l) Each independent pumping unit plants where the storage of flammable
shall be tested periodically to insure liquids is such as to require compliance
that it is in satisfactory operating con- with the foregoing requirements, in
dition. order to assure the following:
(m) Structural guides for holding (1) That all flammable liquid storage
floating tanks above their foundations tanks are in compliance with these re-
shall be so designed that there will be quirements and so maintained.
no resistance to the free rise of a tank, (2) That detailed printed instructions
and shall be constructed of noncombus- of what to do in flood emergencies are
tible material. properly posted.
(n) The strength of the structure (3) That station operators and other
shall be adequate to resist lateral employees depended upon to carry out
movement of a tank subject to a hori- such instructions are thoroughly in-
zontal force in any direction equivalent formed as to the location and operation
to not less than 25 pounds per square of such valves and other equipment
foot acting on the projected vertical necessary to effect these requirements.
cross-sectional area of the tank. (vii) Earthquake areas. In areas sub-
(o) Where tanks are situated on ex- ject to earthquakes, the tank supports
posed points or bends in a shoreline and connections shall be designed to

where swift currents in flood waters resist damage as a result of such
will be present, the structures shall be shocks.
262
(6) Sources of ignition. In locations (iv) Repairs. All leaks or deforma-

where flammable vapors may be tions shall be corrected in an accept-
present, precautions shall be taken to able manner before the tank is placed
prevent ignition by eliminating or con- in service. Mechanical caulking is not
trolling sources of ignition. Sources of permitted for correcting leaks in weld-
ignition may include open flames, ed tanks except pinhole leaks in the
lightning, smoking, cutting and weld- roof.
ing, hot surfaces, frictional heat, (v) Derated operations. Tanks to be op-
sparks (static, electrical, and mechan- erated at pressures below their design
ical), spontaneous ignition, chemical pressure may be tested by the applica-
and physical-chemical reactions, and ble provisions of subdivision (i) or (ii)
radiant heat. of this subparagraph, based upon the
(7) Testing—(i) General. All tanks, pressure developed under full emer-
whether shop built or field erected, gency venting of the tank.
shall be strength tested before they are (c) Piping, valves, and fittings—(1) Gen-
placed in service in accordance with eral—(i) Design. The design (including
the applicable paragraphs of the code selection of materials) fabrication, as-
under which they were built. The sembly, test, and inspection of piping
American Society of Mechanical Engi- systems containing flammable liquids
neers (ASME) code stamp, American shall be suitable for the expected work-
Petroleum Institute (API) monogram, ing pressures and structural stresses.
or the label of the Underwriters’ Lab- Conformity with the applicable provi-
sions of Pressure Piping, ANSI B31 se-
oratories, Inc., on a tank shall be evi-
ries and the provisions of this para-
dence of compliance with this strength
graph, shall be considered prima facie
test. Tanks not marked in accordance
evidence of compliance with the fore-
with the above codes shall be strength
going provisions.
tested before they are placed in service
(ii) Exceptions. This paragraph does
in accordance with good engineering
not apply to any of the following:
principles and reference shall be made
(a) Tubing or casing on any oil or gas
to the sections on testing in the codes
wells and any piping connected directly
listed in subparagraphs (1) (iii)(a),
thereto.
(iv)(b), or (v)(b) of this paragraph.
(b) Motor vehicle, aircraft, boat, or
(ii) Strength. When the vertical portable or stationary engines.
length of the fill and vent pipes is such (c) Piping within the scope of any ap-
that when filled with liquid the static plicable boiler and pressures vessel
head imposed upon the bottom of the code.
tank exceeds 10 pounds per square inch, (iii) Definitions. As used in this para-
the tank and related piping shall be graph, piping systems consist of pipe,
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 liquid handled. Material other
and not more than 5 pounds per square than steel, nodular iron, or malleable
inch. iron shall be designed to specifications
263
embodying principles recognized as operation and in the event of physical

good engineering practices for the ma- damage. Each connection to pipelines,
terial used. by which equipments such as tankcars
(iii) Linings. Piping, valves, and fit- or tank vehicles discharge liquids by
tings may have combustible or non- means of pumps into storage tanks,
combustible linings. shall be provided with a check valve for
(iv) Low-melting materials. When low- automatic protection against backflow
melting point materials such as alu- if the piping arrangement is such that
minum and brass or materials that backflow from the system is possible.
soften on fire exposure such as plastics, (7) Testing. All piping before being
or non-ductile materials such as cast covered, enclosed, or placed in use
iron, are necessary, special consider- shall be hydrostatically tested to 150
ation shall be given to their behavior percent of the maximum anticipated
on fire exposure. If such materials are pressure of the system, or pneumati-
used in above ground piping systems or cally tested to 110 percent of the max-
inside buildings, they shall be suitably imum anticipated pressure of the sys-
protected against fire exposure or so tem, but not less than 5 pounds per
located that any spill resulting from square inch gage at the highest point
the failure of these materials could not of the system. This test shall be main-
unduly expose persons, important tained for a sufficient time to complete
buildings or structures or can be read- visual inspection of all joints and con-
ily controlled by remote valves. nections, but for at least 10 minutes.
(3) Pipe joints. Joints shall be made (d) Container and portable tank stor-
liquid tight. Welded or screwed joints age—(1) Scope—(i) General. This para-
or approved connectors shall be used. graph shall apply only to the storage of
Threaded joints and connections shall flammable liquids in drums or other
be made up tight with a suitable lubri- containers (including flammable
cant or piping compound. Pipe joints aerosols) not exceeding 60 gallons indi-
dependent upon the friction character- vidual capacity and those portable
istics of combustible materials for me- tanks not exceeding 660 gallons indi-
chanical continuity of piping shall not vidual capacity.
be used inside buildings. They may be (ii) Exceptions. This paragraph shall
used outside of buildings above or not apply to the following:
below ground. If used above ground, the (a) Storage of containers in bulk
piping shall either be secured to pre- plants, service stations, refineries,
vent disengagement at the fitting or chemical plants, and distilleries;
the piping system shall be so designed (b) Category 1, 2, or 3 flammable liq-
that any spill resulting from such dis- uids in the fuel tanks of a motor vehi-
engagement could not unduly expose cle, aircraft, boat, or portable or sta-
persons, important buildings or struc- tionary engine;
tures, and could be readily controlled (c) Flammable paints, oils, varnishes,
by remote valves. and similar mixtures used for painting
(4) Supports. Piping systems shall be or maintenance when not kept for a pe-
substantially supported and protected riod in excess of 30 days;
against physical damage and excessive (d) Beverages when packaged in indi-
stresses arising from settlement, vibra- vidual containers not exceeding 1 gal-
tion, expansion, or contraction. lon in size.
(5) Protection against corrosion. All (2) Design, construction, and capacity
piping for flammable liquids, both of containers—(i) General. Only ap-
aboveground and underground, where proved containers and portable tanks
subject to external corrosion, shall be shall be used. Metal containers and
painted or otherwise protected. portable tanks meeting the require-
(6) Valves. Piping systems shall con- ments of and containing products au-
tain a sufficient number of valves to thorized by chapter I, title 49 of the
operate the system properly and to Code of Federal Regulations (regula-
protect the plant. Piping systems in tions issued by the Hazardous Mate-
connection with pumps shall contain a rials Regulations Board, Department of

sufficient number of valves to control Transportation), shall be deemed to be
properly the flow of liquid in normal acceptable.
264
(ii) Emergency venting. Each portable (a)(1) Such liquid either would be
tank shall be provided with one or rendered unfit for its intended use by
more devices installed in the top with contact with metal or would exces-
sufficient emergency venting capacity sively corrode a metal container so as
to limit internal pressure under fire ex- to create a leakage hazard; and
posure conditions to 10 p.s.i.g., or 30 (2) The user’s process either would re-
percent of the bursting pressure of the quire more than 1 pint of a Category 1
tank, whichever is greater. The total flammable liquid or more than 1 quart
venting capacity shall be not less than
of a Category 2 flammable liquid of a
that specified in paragraphs (b)(2)(v) (c)
or (e) of this section. At least one pres- single assay lot to be used at one time,
sure-activated vent having a minimum or would require the maintenance of an
capacity of 6,000 cubic feet of free air analytical standard liquid of a quality
(14.7 p.s.i.a. and 60 °F.) shall be used. It which is not met by the specified
shall be set to open at not less than 5 standards of liquids available, and the
p.s.i.g. If fusible vents are used, they quantity of the analytical standard liq-
shall be actuated by elements that op- uid required to be used in any one con-
erate at a temperature not exceeding trol process exceeds one-sixteenth the
300 °F. capacity of the container allowed
(iii) Size. Flammable and combustible under Table H–12 for the category of
liquid containers shall be in accord- liquid; or
ance with Table H-12, except that glass (b) The containers are intended for
or plastic containers of no more than 1- direct export outside the United
gallon capacity may be used for a Cat- States.
egory 1 or 2 flammable liquid if:
TABLE H–12—MAXIMUM ALLOWABLE SIZE OF CONTAINERS AND PORTABLE TANKS FOR FLAMMABLE
LIQUIDS
Container type Category 1 Category 2 Category 3 Category 4
Glass or approved plastic ..................................................... 1 pt ................ 1 qt ................ 1 gal ............... 1 gal.

Metal (other than DOT drums) .............................................. 1 gal ............... 5 gal ............... 5 gal ............... 5 gal.
Safety cans ............................................................................ 2 gal ............... 5 gal ............... 5 gal ............... 5 gal.
Metal drums (DOT specifications) ......................................... 60 gal ............. 60 gal ............. 60 gal ............. 60 gal.
Approved portable tanks ....................................................... 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 shall be labeled in conspicuous let-

of storage cabinets—(i) Maximum capac- tering, ‘‘Flammable—Keep Fire Away.’’
ity. Not more than 60 gallons of Cat- (a) Metal cabinets constructed in the
egory 1, 2, or 3 flammable liquids, nor following manner shall be deemed to be
more than 120 gallons of Category 4 in compliance. The bottom, top, door,
flammable liquids may be stored in a and sides of cabinet shall be at least
storage cabinet. No. 18 gage sheet iron and double
walled with 11⁄2-inch air space. Joints
(ii) Fire resistance. Storage cabinets
shall be riveted, welded or made tight
shall be designed and constructed to
by some equally effective means. The
limit the internal temperature to not door shall be provided with a three-
more than 325 °F. when subjected to a point lock, and the door sill shall be
10-minute fire test using the standard raised at least 2 inches above the bot-
time-temperature curve as set forth in tom of the cabinet.
Standard Methods of Fire Tests of (b) Wooden cabinets constructed in
Building Construction and Materials, the following manner shall be deemed
NFPA 251–1969, which is incorporated in compliance. The bottom, sides, and
by reference as specified in § 1910.6. All top shall be constructed of an approved
joints and seams shall remain tight grade of plywood at least 1 inch in
and the door shall remain securely thickness, which shall not break down
closed during the fire test. Cabinets or delaminate under fire conditions.
All joints shall be rabbetted and shall
265
be fastened in two directions with flat- TABLE H–13—STORAGE IN INSIDE ROOMS—

head woodscrews. When more than one Continued
door is used, there shall be a rabbetted
Total al-
overlap of not less than 1 inch. Hinges lowable
shall be mounted in such a manner as quan-
Fire protec- Fire resist- tities
not to lose their holding capacity due tion 1 pro- Maximum size
ance (gals./
vided
to loosening or burning out of the sq. ft./
floor
screws when subjected to the fire test. area)
(4) Design and construction of inside No ............ 1 hour ...... 150 sq. ft ...................... 2
storage rooms—(i) Construction. Inside 1 Fireprotection system shall be sprinkler, water spray, car-
storage rooms shall be constructed to bon dioxide, or other system.
meet the required fire-resistive rating
(iii) Wiring. Electrical wiring and
for their use. Such construction shall
equipment located in inside storage
comply with the test specifications set
rooms used for Category 1 or 2 flam-
forth in Standard Methods of Fire
mable liquids, or Category 3 flammable
Tests of Building Construction and Ma- liquids with a flashpoint below 100 °F
terials, NFPA 251–1969. Where an auto- (37.8 °C), shall be approved under sub-
matic sprinkler system is provided, the part S of this part for Class I, Division
system shall be designed and installed 2 Hazardous Locations; for Category 3
in an acceptable manner. Openings to flammable liquids with a flashpoint at
other rooms or buildings shall be pro- or above 100 °F (37.8 °C) and Category 4
vided with noncombustible liquid-tight flammable liquids, shall be approved
raised sills or ramps at least 4 inches in for general use.
height, or the floor in the storage area (iv) Ventilation. Every inside storage
shall be at least 4 inches below the sur- room shall be provided with either a
rounding floor. Openings shall be pro- gravity or a mechanical exhaust ven-
vided with approved self-closing fire tilation system. Such system shall be
doors. The room shall be liquid-tight designed to provide for a complete
where the walls join the floor. A per- change of air within the room at least
missible alternate to the sill or ramp is six times per hour. If a mechanical ex-
an open-grated trench inside of the haust system is used, it shall be con-
room which drains to a safe location. trolled by a switch located outside of
Where other portions of the building or the door. The ventilating equipment
other properties are exposed, windows and any lighting fixtures shall be oper-
shall be protected as set forth in the ated by the same switch. A pilot light
Standard for Fire Doors and Windows, shall be installed adjacent to the
NFPA No. 80–1968, which is incor- switch if Category 1 or 2 flammable liq-
porated by reference as specified in uids, or Category 3 flammable liquids
§ 1910.6, for Class E or F openings. Wood with a flashpoint below 100 °F (37.8 °C),
at least 1 inch nominal thickness may are dispensed within the room. Where
be used for shelving, racks, dunnage, gravity ventilation is provided, the
scuffboards, floor overlay, and similar fresh air intake, as well as the exhaust
installations. outlet from the room, shall be on the
exterior of the building in which the
(ii) Rating and capacity. Storage in in-
room is located.
side storage rooms shall comply with
(v) Storage in inside storage rooms. In
Table H–13.
every inside storage room there shall
TABLE H–13—STORAGE IN INSIDE ROOMS be maintained one clear aisle at least 3
feet wide. Containers over 30 gallons
Total al- capacity shall not be stacked one upon
lowable the other. Dispensing shall be by ap-
quan-
Fire protec- proved pump or self-closing faucet
Fire resist- tities
tion 1 pro- Maximum size
ance (gals./ only.
vided sq. ft./
floor (5) Storage inside building—(i) Egress.
area) Flammable liquids, including stock for
Yes ........... 2 hours .... 500 sq. ft ...................... 10 sale, shall not be stored so as to limit
No ............ 2 hours .... 500 sq. ft ...................... 5 use of exits, stairways, or areas nor-
Yes ........... 1 hour ...... 150 sq. ft ...................... 4 mally used for the safe egress of people.
266
(ii) Containers. The storage of flam- (a)–(d) [Reserved]

mable liquids in containers or portable (e) Leaking containers shall be re-
tanks shall comply with subdivisions moved to a storage room or taken to a
(iii) through (v) of this subparagraph. safe location outside the building and
(iii) Office occupancies. Storage shall the contents transferred to an
be prohibited except that which is re- undamaged container.
quired for maintenance and operation (v) General purpose public warehouses.
of building and operation of equipment.
Storage shall be in accordance with
Such storage shall be kept in closed
Table H–14 or H–15 and in buildings or
metal containers stored in a storage
cabinet or in safety cans or in an inside in portions of such buildings cut off by
storage room not having a door that standard firewalls. Material creating
opens into that portion of the building no fire exposure hazard to the flam-
used by the public. mable liquids may be stored in the
(iv) Mercantile occupancies and other same area.
retail stores.
267
268
ER26MR12.054</GPH>
(vi) Flammable liquid warehouses or materials handing equipment shall be

storage buildings. (a) If the storage available to handle tanks safely at the
building is located 50 feet or less from upper tier level.
a building or line of adjoining property (e) No pile shall be closer than 3 feet
that may be built upon, the exposing to the nearest beam, chord, girder, or
wall shall be a blank wall having a fire- other obstruction, and shall be 3 feet
resistance rating 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
comply with Table H–14 or H–15. (f) Aisles of at least 3 feet wide shall
(c) Containers in piles shall be sepa- be provided where necessary for rea-
rated by pallets or dunnage where nec- sons of access to doors, windows or
essary to provide stability and to pre- standpipe connections.
vent excessive stress on container (6) Storage outside buildings—(i) Gen-
walls. eral. Storage outside buildings shall be
(d) Portable tanks stored over one in accordance with Table H–16 or H–17,
tier high shall be designed to nest se- and subdivisions (ii) and (iv) of this
curely, without dunnage, and adequate subparagraph.
269
ER26MR12.055</GPH>
(ii) Maximum storage. A maximum of rounded by a curb at least 6 inches

1,100 gallons of flammable liquids may high. When curbs are used, provisions
be located adjacent to buildings lo- shall be made for draining of accumu-
cated on the same premises and under lations of ground or rain water or spills
the same management provided the of flammable liquids. Drains shall ter-
provisions of subdivisions (a) and (b) of minate at a safe location and shall be
this subdivision are complied with. accessible to operation under fire con-
(a) [Reserved] ditions.
(b) Where quantity stored exceeds (iv) Security. The storage area shall
1,100 gallons, or provisions of subdivi- be protected against tampering or tres-
sion (a) of this subdivision cannot be passers where necessary and shall be
met, a minimum distance of 10 feet be- kept free of weeds, debris and other
tween buildings and nearest container combustible material not necessary to
of flammable liquid shall be main- the storage.
tained. (7) Fire control—(i) Extinguishers.
(iii) Spill containment. The storage Suitable fire control devices, such as
area shall be graded in a manner to di- small hose or portable fire extin-
vert possible spills away from buildings guishers, shall be available at locations
or other exposures or shall be sur- where flammable liquids are stored.
270
ER26MR12.056</GPH>
(a) At least one portable fire extin- be stored in the same room with flam-
guisher having a rating of not less than mable liquids.
12–B units shall be located outside of, (e) Industrial plants—(1) Scope—(i) Ap-
but not more than 10 feet from, the plication. This paragraph shall apply to
door opening into any room used for those industrial plants where:
storage. (a) The use of flammable liquids is
(b) At least one portable fire extin- incidental to the principal business, or
guisher having a rating of not less than (b) Where flammable liquids are han-
12–B units must be located not less dled or used only in unit physical oper-
than 10 feet, nor more than 25 feet, ations such as mixing, drying,
from any Category 1, 2, or 3 flammable evaporating, filtering, distillation, and
liquid storage area located outside of a
similar operations which do not in-
storage room but inside a building.
volve chemical reaction. This para-
(ii) Sprinklers. When sprinklers are
graph shall not apply to chemical
provided, they shall be installed in ac-
plants, refineries or distilleries.
cordance with § 1910.159.
(ii) Exceptions. Where portions of such
(iii) Open flames and smoking. Open
plants involve chemical reactions such
flames and smoking shall not be per-
mitted in flammable liquid storage as oxidation, reduction, halogenation,
areas. hydrogenation, alkylation, polymeriza-

(iv) Water reactive materials. Materials tion, and other chemical processes,
which will react with water shall not those portions of the plant shall be in
271
ER26MR12.057</GPH>
accordance with paragraph (h) of this (c) Category 1 or 2 flammable liquids,

section. or Category 3 flammable liquids with a
(2) Incidental storage or use of flam- flashpoint below 100 °F (37.8 °C), may be
mable liquids—(i) Application. This sub- used only where there are no open
paragraph shall be applicable to those flames or other sources of ignition
portions of an industrial plant where within the possible path of vapor trav-
the use and handling of flammable liq- el.
uids is only incidental to the principal (d) Flammable liquids shall be drawn
business, such as automobile assembly, from or transferred into vessels, con-
construction of electronic equipment, tainers, or portable tanks within a
furniture manufacturing, or other building only through a closed piping
similar activities. system, from safety cans, by means of
(ii) Containers. Flammable liquids a device drawing through the top, or
shall be stored in tanks or closed con- from a container or portable tanks by
tainers. gravity through an approved self-clos-
(a) Except as provided in subdivisions ing valve. Transferring by means of air
(b) and (c) of this subdivision, all stor- pressure on the container or portable
age shall comply with paragraph (d) (3) tanks shall be prohibited.
or (4) of this section. (3) Unit physical operations—(i) Appli-
(b) The quantity of liquid that may cation. This subparagraph shall be ap-
be located outside of an inside storage plicable in those portions of industrial
room or storage cabinet in a building plants where flammable liquids are
or in any one fire area of a building
handled or used in unit physical oper-
shall not exceed:
ations such as mixing, drying,
(1) 25 gallons of Category 1 flammable
evaporating, filtering, distillation, and
liquids in containers
similar operations which do not in-
(2) 120 gallons of Category 2, 3, or 4 volve chemical change. Examples are
flammable liquids in containers
plants compounding cosmetics, phar-
(3) 660 gallons of Category 2, 3, or 4 maceuticals, solvents, cleaning fluids,
flammable liquids in a single portable insecticides, and similar types of ac-
tank.
tivities.
(c) Where large quantities of flam-
(ii) Location. Industrial plants shall
mable liquids are necessary, storage
be located so that each building or unit
may be in tanks which shall comply
of equipment is accessible from at least
with the applicable requirements of
paragraph (b) of this section. one side for firefighting and fire con-
trol purposes. Buildings shall be lo-
(iii) Separation and protection. Areas
cated with respect to lines of adjoining
in which flammable liquids are trans-
ferred from one tank or container to property which may be built upon as
another container shall be separated set forth in paragraph (h)(2) (i) and (ii)
from other operations in the building of this section except that the blank
by adequate distance or by construc- wall referred to in paragraph (h)(2)(ii)
tion having adequate fire resistance. of this section shall have a fire resist-
Drainage or other means shall be pro- ance rating of at least 2 hours.
vided to control spills. Adequate nat- (iii) Chemical processes. Areas where
ural or mechanical ventilation shall be unstable liquids are handled or small
provided. scale unit chemical processes are car-
(iv) Handling liquids at point of final ried on shall be separated from the re-
use. (a) Category 1 or 2 flammable liq- mainder of the plant by a fire wall of 2-
uids, or Category 3 flammable liquids hour minimum fire resistance rating.
with a flashpoint below 100 °F (37.8 °C), (iv) Drainage. (a) Emergency drainage
shall be kept in covered containers systems shall be provided to direct
when not actually in use. flammable liquid leakage and fire pro-
(b) Where flammable liquids are used tection water to a safe location. This
or handled, except in closed containers, may require curbs, scuppers, or special
means shall be provided to dispose drainage systems to control the spread

promptly and safely of leakage or of fire; see paragraph (b)(2)(vii)(b) of
spills. this section.
272
(b) Emergency drainage systems, if (ii) [Reserved]

connected to public sewers or dis- (5) Fire control—(i) Portable and special
charged into public waterways, shall be equipment. Portable fire extinguish-
equipped with traps or separator. ment and control equipment shall be
(v) Ventilation—(a) Areas as defined provided in such quantities and types
in paragraph (e)(3)(i) of this section as are needed for the special hazards of
using Category 1 or 2 flammable liq- operation and storage.
uids, or Category 3 flammable liquids (ii) Water supply. Water shall be
with a flashpoint below 100 °F (37.8 °C), available in volume and at adequate
shall be ventilated at a rate of not less pressure to supply water hose streams,
than 1 cubic foot per minute per square foam-producing equipment, automatic
foot of solid floor area. This shall be sprinklers, or water spray systems as
accomplished by natural or mechanical the need is indicated by the special
ventilation with discharge or exhaust hazards of operation, dispensing and
to a safe location outside of the build- storage.
ing. Provision shall be made for intro- (iii) Special extinguishers. Special ex-
duction of makeup air in such a man- tinguishing equipment such as that
ner as not to short circuit the ventila- utilizing foam, inert gas, or dry chem-
tion. Ventilation shall be arranged to ical shall be provided as the need is in-
include all floor areas or pits where dicated by the special hazards of oper-
flammable vapors may collect. ation dispensing and storage.
(b) Equipment used in a building and (iv) Special hazards. Where the need is
the ventilation of the building shall be indicated by special hazards of oper-
designed so as to limit flammable ation, flammable liquid processing
vapor-air mixtures under normal oper- equipment, major piping, and sup-
ating conditions to the interior of porting steel shall be protected by ap-
equipment, and to not more than 5 feet proved water spray systems, deluge
from equipment which exposes Cat- systems, approved fire-resistant coat-
egory 1 or 2 flammable liquids, or Cat- ings, insulation, or any combination of
egory 3 flammable liquids with a these.
flashpoint below 100 °F (37.8 °C), to the (v) Maintenance. All plant fire protec-
air. Examples of such equipment are tion facilities shall be adequately
dispensing stations, open centrifuges, maintained and periodically inspected
plate and frame filters, open vacuum and tested to make sure they are al-
filters, and surfaces of open equipment. ways in satisfactory operating condi-
(vi) Storage and handling. The stor- tion, and they will serve their purpose
age, transfer, and handling of liquid in time of emergency.
shall comply with paragraph (h)(4) of (6) Sources of ignition—(i) General.
this section. Adequate precautions shall be taken to
(4) Tank vehicle and tank car loading prevent the ignition of flammable va-
and unloading. (i) Tank vehicle and pors. Sources of ignition include but
tank car loading or unloading facilities are not limited to open flames; light-
shall be separated from aboveground ning; smoking; cutting and welding;
tanks, warehouses, other plant build- hot surfaces; frictional heat; static,
ings or nearest line of adjoining prop- electrical, and mechanical sparks;
erty which may be built upon by a dis- spontaneous ignition, including heat-
tance of 25 feet for Category 1 or 2 producing chemical reactions; and ra-
flammable liquids, or Category 3 flam- diant heat.
mable liquids with a flashpoint below (ii) Grounding. Category 1 or 2 flam-
100 °F (37.8 °C), and 15 feet for Category mable liquids, or Category 3 flammable
3 flammable liquids with a flashpoint liquids with a flashpoint below 100 °F
at or above 100 °F (37.8 °C) and Cat- (37.8 °C), shall not be dispensed into
egory 4 flammable liquids, measured containers unless the nozzle and con-
from the nearest position of any fill tainer are electrically interconnected.
stem. Buildings for pumps or shelters Where the metallic floorplate on which
for personnel may be a part of the fa- the container stands while filling is
cility. Operations of the facility shall electrically connected to the fill stem
comply with the appropriate portions or where the fill stem is bonded to the
of paragraph (f)(3) of this section. container during filling operations by
273
means of a bond wire, the provisions of air shall be uncontaminated by flam-

this section shall be deemed to have mable vapors.
been complied with. (8) Repairs to equipment. Hot work,
(7) Electrical—(i) Equipment. (a) All such as welding or cutting operations,
electrical wiring and equipment shall use of spark-producing power tools, and
be installed according to the require- chipping operations shall be permitted
ments of subpart S of this part. only under supervision of an individual
(b) Locations where flammable in responsible charge. The individual in
vapor-air mixtures may exist under responsible charge shall make an in-
normal operations shall be classified spection of the area to be sure that it
Class I, Division 1 according to the re- is safe for the work to be done and that
quirements of subpart S of this part. safe procedures will be followed for the
For those pieces of equipment installed work specified.
in accordance with subparagraph (9) Housekeeping—(i) General. Mainte-
(3)(v)(b) of this paragraph, the Division nance and operating practices shall be
1 area shall extend 5 feet in all direc- in accordance with established proce-
tions from all points of vapor libera- dures which will tend to control leak-
tion. All areas within pits shall be clas- age and prevent the accidental escape
sified Division 1 if any part of the pit is of flammable liquids. Spills shall be
within a Division 1 or 2 classified area, cleaned up promptly.
unless the pit is provided with mechan-
(ii) Access. Adequate aisles shall be
ical ventilation.
maintained for unobstructed move-
(c) Locations where flammable vapor-
ment of personnel and so that fire pro-
air mixtures may exist under abnormal
tection equipment can be brought to
conditions and for a distance beyond
bear on any part of flammable liquid
Division 1 locations shall be classified
storage, use, or any unit physical oper-
Division 2 according to the require-
ation.
ments of subpart S of this part. These
locations include an area within 20 feet (iii) Waste and residue. Combustible
horizontally, 3 feet vertically beyond a waste material and residues in a build-
Division 1 area, and up to 3 feet above ing or unit operating area shall be kept
floor or grade level within 25 feet, if in- to a minimum, stored in covered metal
doors, or 10 feet if outdoors, from any receptacles and disposed of daily.
pump, bleeder, withdrawal fitting, (iv) Clear zone. Ground area around
meter, or similar device handling Cat- buildings and unit operating areas
egory 1 or 2 flammable liquids, or Cat- shall be kept free of weeds, trash, or
egory 3 flammable liquids with a other unnecessary combustible mate-
flashpoint below 100 °F (37.8 °C). Pits rials.
provided with adequate mechanical (f) Bulk plants—(1) (i) Category 1 or 2
ventilation within a Division 1 or 2 flammable liquids, or Category 3 flam-
area shall be classified Division 2. If mable liquids with a flashpoint below 100
only Category 3 flammable liquids with °F (37.8 °C). Category 1 or 2 flammable
a flashpoint at or above 100 °F (37.8 °C) liquids, or Category 3 flammable liq-
or Category 4 flammable liquids are uids with a flashpoint below 100 °F (37.8
handled, then ordinary electrical °C), shall be stored in closed con-
equipment is satisfactory though care tainers, or in storage tanks above
shall be used in locating electrical ap- ground outside of buildings, or under-
paratus to prevent hot metal from fall- ground in accordance with paragraph
ing into open equipment. (b) of this section.
(d) Where the provisions of subdivi- (ii) Category 3 flammable liquids with a
sions (a), (b), and (c), of this subdivision flashpoint at or above 100 °F (37.8 °C) and
require the installation of electrical Category 4 flammable liquids. Category 3
equipment suitable for Class I, Division flammable liquids with a flashpoint at
1 or Division 2 locations, ordinary elec- or above 100 °F (37.8 °C) and Category 4
trical equipment including switchgear flammable liquids shall be stored in
may be used if installed in a room or containers, or in tanks within build-
enclosure which is maintained under ings or above ground outside of build-

positive pressure with respect to the ings, or underground in accordance
hazardous area. Ventilation makeup with paragraph (b) of this section.
274
(iii) Piling containers. Containers of a flashpoint below 100 °F (37.8 °C) are
flammable liquids when piled one upon being handled.
the other shall be separated by (3) Loading and unloading facilities—
dunnage sufficient to provide stability (i) Separation. Tank vehicle and tank
and to prevent excessive stress on con- car loading or unloading facilities shall
tainer walls. The height of the pile be separated from aboveground tanks,
shall be consistent with the stability warehouses, other plant buildings or
and strength of containers. nearest line of adjoining property that
(2) Buildings—(i) Exits. Rooms in may be built upon by a distance of 25
which flammable liquids are stored or feet for Category 1 or 2 flammable liq-
handled by pumps shall have exit fa- uids, or Category 3 flammable liquids
cilities arranged to prevent occupants with a flashpoint below 100 °F (37.8 °C),
from being trapped in the event of fire. and 15 feet for Category 3 flammable
(ii) Heating. Rooms in which Cat- liquids with a flashpoint at or above
egory 1 or 2 flammable liquids, or Cat- 100 °F (37.8 °C) and Category 4 flam-
egory 3 flammable liquids with a mable liquids measured from the near-
flashpoint below 100 °F (37.8 °C), are est position of any fill spout. Buildings
stored or handled shall be heated only for pumps or shelters for personnel
by means not constituting a source of may be a part of the facility.
ignition, such as steam or hot water. (ii) Category restriction. Equipment
Rooms containing heating appliances such as piping, pumps, and meters used
involving sources of ignition shall be for the transfer of Category 1 or 2 flam-
located and arranged to prevent entry mable liquids, or Category 3 flammable
of flammable vapors. liquids with a flashpoint below 100 °F
(iii) Ventilation. (a) Ventilation shall (37.8 °C), between storage tanks and the
be provided for all rooms, buildings, or fill stem of the loading rack shall not
enclosures in which Category 1 or 2 be used for the transfer of Category 3
flammable liquids, or Category 3 flam- flammable liquids with a flashpoint at
mable liquids with a flashpoint below or above 100 °F (37.8 °C) or Category 4
100 °F (37.8 °C), are pumped or dis- flammable liquids.
pensed. Design of ventilation systems (iii) Valves. Valves used for the final
shall take into account the relatively control for filling tank vehicles shall
high specific gravity of the vapors. be of the self-closing type and manu-
Ventilation may be provided by ade- ally held open except where automatic
quate openings in outside walls at floor means are provided for shutting off the
level unobstructed except by louvers or flow when the vehicle is full or after
coarse screens. Where natural ventila- filling of a preset amount.
tion is inadequate, mechanical ventila- (iv) Static protection. (a) Bonding fa-
tion shall be provided. cilities for protection against static
(b) Category 1 or 2 flammable liquids, sparks during the loading of tank vehi-
or Category 3 flammable liquids with a cles through open domes shall be pro-
flashpoint below 100 °F (37.8 °C), shall vided:
not be stored or handled within a build- (1) Where Category 1 or 2 flammable
ing having a basement or pit into liquids, or Category 3 flammable liq-
which flammable vapors may travel, uids with a flashpoint below 100 °F (37.8
unless such area is provided with ven- °C), are loaded, or
tilation designed to prevent the accu- (2) Where Category 3 flammable liq-
mulation of flammable vapors therein. uids with a flashpoint at or above 100
(c) Containers of Category 1 or 2 °F (37.8 °C) or Category 4 flammable
flammable liquids, or Category 3 flam- liquids are loaded into vehicles which
mable liquids with a flashpoint below may contain vapors from previous car-
100 °F (37.8 °C), shall not be drawn from goes of Category 1 or 2 flammable liq-
or filled within buildings unless provi- uids, or Category 3 flammable liquids
sion is made to prevent the accumula- with a flashpoint below 100 °F (37.8 °C).
tion of flammable vapors in hazardous (b) Protection as required in (a) of
concentrations. Where mechanical ven- this subdivision (iv) shall consist of a

tilation is required, it shall be kept in metallic bond wire permanently elec-
operation while flammable liquids with trically connected to the fill stem or to
275
some part of the rack structure in elec- between the tank car and the rack or
trical contact with the fill stem. The piping is required during either loading
free end of such wire shall be provided or unloading of Category 3 flammable
with a clamp or equivalent device for liquids with a flashpoint at or above
convenient attachment to some metal- 100 °F (37.8 °C) or Category 4 flammable
lic part in electrical contact with the liquids.
cargo tank of the tank vehicle. (vi) Container filling facilities. Cat-
(c) Such bonding connection shall be egory 1 or 2 flammable liquids, or Cat-
made fast to the vehicle or tank before egory 3 flammable liquids with a
dome covers are raised and shall re- flashpoint below 100 °F (37.8 °C), shall
main in place until filling is completed not be dispensed into containers unless
and all dome covers have been closed the nozzle and container are elec-
and secured. trically interconnected. Where the me-
(d) Bonding as specified in (a), (b), tallic floorplate on which the container
and (c) of this subdivision is not re- stands while filling is electrically con-
quired: nected to the fill stem or where the fill
(1) Where vehicles are loaded exclu- stem is bonded to the container during
sively with products not having a stat- filling operations by means of a bond
ic accumulating tendency, such as as- wire, the provisions of this section
phalt, most crude oils, residual oils, shall be deemed to have been complied
and water soluble liquids; with.
(2) Where no Category 1 or 2 flam- (4) Wharves—(i) Definition, application.
mable liquids, or Category 3 flammable The term wharf shall mean any wharf,
liquids with a flashpoint below 100 °F pier, bulkhead, or other structure over
(37.8 °C), are handled at the loading fa- or contiguous to navigable water used
cility and the tank vehicles loaded are in conjunction with a bulk plant, the
used exclusively for Category 3 flam- primary function of which is the trans-
mable liquids with a flashpoint at or fer of flammable liquid cargo in bulk
above 100 °F (37.8 °C) and Category 4 between the bulk plant and any tank
flammable liquids; and vessel, ship, barge, lighter boat, or
(3) Where vehicles are loaded or un- other mobile floating craft; and this
loaded through closed bottom or top subparagraph shall apply to all such in-
connections. stallations except Marine Service Sta-
(e) Filling through open domes into tions as covered in paragraph (g) of
the tanks of tank vehicles or tank cars, this section.
that contain vapor-air mixtures within (ii)–(iii) [Reserved]
the flammable range or where the liq- (iv) Design and construction. Sub-
uid being filled can form such a mix- structure and deck shall be substan-
ture, shall be by means of a downspout tially designed for the use intended.
which extends near the bottom of the Deck may employ any material which
tank. This precaution is not required will afford the desired combination of
when loading liquids which are non- flexibility, resistance to shock, dura-
accumulators of static charges. bility, strength, and fire resistance.
(v) Stray currents. Tank car loading Heavy timber construction is accept-
facilities where Category 1 or 2 flam- able.
mable liquids, or Category 3 flammable (v) [Reserved]
liquids with a flashpoint below 100 °F (vi) Pumps. Loading pumps capable of
(37.8 °C), are loaded through open building up pressures in excess of the
domes shall be protected against stray safe working pressure of cargo hose or
currents by bonding the pipe to at least loading arms shall be provided with by-
one rail and to the rack structure if of passes, relief valves, or other arrange-
metal. Multiple lines entering the rack ment to protect the loading facilities
area shall be electrically bonded to- against excessive pressure. Relief de-
gether. In addition, in areas where ex- vices shall be tested at not more than
cessive stray currents are known to yearly intervals to determine that they
exist, all pipe entering the rack area function satisfactorily at the pressure
shall be provided with insulating sec- at which they are set.

tions to electrically isolate the rack (vii) Hoses and couplings. All pressure
piping from the pipelines. No bonding hoses and couplings shall be inspected
276
at intervals appropriate to the service. joints shall be installed. Bonding and

The hose and couplings shall be tested grounding connections on all pipelines
with the hose extended and using the shall be located on wharfside of hose-
‘‘inservice maximum operating pres- riser insulating flanges, if used, and
sures.’’ Any hose showing material de- shall be accessible for inspection.
teriorations, signs of leakage, or weak- (h) Hose or articulated swivel-joint
ness in its carcass or at the couplings pipe connections used for cargo trans-
shall be withdrawn from service and refer shall be capable of accommodating
paired or discarded. the combined effects of change in draft
(viii) Piping and fittings. Piping, and maximum tidal range, and mooring
valves, and fittings shall be in accord- lines shall be kept adjusted to prevent
ance with paragraph (c) of this section, the surge of the vessel from placing
with the following exceptions and addi- stress on the cargo transfer system.
tions: (i) Hose shall be supported so as to
(a) Flexibility of piping shall be as- avoid kinking and damage from chaf-
sured by appropriate layout and ar- ing.
rangement of piping supports so that (ix) Fire protection. Suitable portable
motion of the wharf structure resulting fire extinguishers with a rating of not
from wave action, currents, tides, or less than 12–BC shall be located within
the mooring of vessels will not subject 75 feet of those portions of the facility
the pipe to repeated strain beyond the where fires are likely to occur, such as
elastic limit. hose connections, pumps, and separator
(b) Pipe joints depending upon the tanks.
friction characteristics of combustible (a) Where piped water is available,
materials or grooving of pipe ends for ready-connected fire hose in size appro-
mechanical continuity of piping shall priate for the water supply shall be
not be used. provided so that manifolds where con-
(c) Swivel joints may be used in pip- nections are made and broken can be
ing to which hoses are connected, and reached by at least one hose stream.
for articulated swivel-joint transfer (b) Material shall not be placed on
systems, provided that the design is wharves in such a manner as to ob-
such that the mechanical strength of struct access to firefighting equipment,
the joint will not be impaired if the or important pipeline control valves.
packing material should fail, as by ex- (c) Where the wharf is accessible to
posure to fire. vehicle traffic, an unobstructed road-
(d) Piping systems shall contain a way to the shore end of the wharf shall
sufficient number of valves to operate be maintained for access of firefighting
the system properly and to control the apparatus.
flow of liquid in normal operation and (x) Operations control. Loading or dis-
in the event of physical damage. charging shall not commence until the
(e) In addition to the requirements of wharf superintendent and officer in
paragraph (f)(4)(viii)(d) of this section, charge of the tank vessel agree that
each line conveying Category 1 or 2 the tank vessel is properly moored and
flammable liquids, or Category 3 flam- all connections are properly made. Me-
mable liquids with a flashpoint below chanical work shall not be performed
100 °F (37.8 °C), leading to a wharf shall on the wharf during cargo transfer, ex-
be provided with a readily accessible cept under special authorization based
block valve located on shore near the on a review of the area involved, meth-
approach to the wharf and outside of ods to be employed, and precautions
any diked area. Where more than one necessary.
line is involved, the valves shall be (5) Electrical equipment—(i) Applica-
grouped in one location. tion. This paragraph (f)(5)(i) shall apply
(f) Means of easy access shall be pro- to areas where Category 1 or 2 flam-
vided for cargo line valves located mable liquids, or Category 3 flammable
below the wharf deck. liquids with a flashpoint below 100 °F
(g) Pipelines on flammable liquids (37.8 °C), are stored or handled. For
wharves shall be adequately bonded areas where only Category 3 flammable

and grounded. If excessive stray cur- liquids with a flashpoint at or above
rents are encountered, insulating 100 °F (37.8 °C) or Category 4 flammable
277
liquids are stored or handled, the elec- (37.8 °C), and where an unusual expo-
trical equipment may be installed in sure hazard exists from surrounding
accordance with the provisions of Sub- property. Such additional fire-control
part S of this part, for ordinary loca- equipment shall be sufficient to extin-
tions. guish a fire in the largest tank. The de-
(ii) Conformance. All electrical equip- sign and amount of such equipment
ment and wiring shall be of a type shall be in accordance with approved
specified by and shall be installed in engineering standards.
accordance with subpart S of this part. (g) Service stations—(1) Storage and
(iii) Classification. So far as it applies handling—(i) General provisions. (a) Liq-
Table H–18 shall be used to delineate uids shall be stored in approved closed
and classify hazardous areas for the containers not exceeding 60 gallons ca-
purpose of installation of electrical pacity, in tanks located underground,
equipment under normal cir- in tanks in special enclosures as de-
cumstances. In Table H–18 a classified scribed in paragraph (g)(i) of this sec-
area shall not extend beyond an tion, or in aboveground tanks as pro-
unpierced wall, roof, or other solid par- vided for in paragraphs (g)(4)(ii), (b), (c)
tition. The area classifications listed and (d) of this section.
shall be based on the premise that the (b) Aboveground tanks, located in an
installation meets the applicable re- adjoining bulk plant, may be connected
quirements of this section in all re- by piping to service station under-
spects. ground tanks if, in addition to valves
(6) Sources of ignition. Category 1 or 2 at aboveground tanks, a valve is also
flammable liquids, or Category 3 flam- installed within control of service sta-
mable liquids with a flashpoint below tion personnel.
100 °F (37.8 °C), shall not be handled, (c) Apparatus dispensing Category 1
drawn, or dispensed where flammable or 2 flammable liquids, or Category 3
vapors may reach a source of ignition. flammable liquids with a flashpoint
Smoking shall be prohibited except in below 100 °F (37.8 °C), into the fuel
designated localities. ‘‘No Smoking’’ tanks of motor vehicles of the public
signs shall be conspicuously posted shall not be located at a bulk plant un-
where hazard from flammable liquid less separated by a fence or similar
vapors is normally present. barrier from the area in which bulk op-
(7) Drainage and waste disposal. Provi- erations are conducted.
sion shall be made to prevent flam- (d) [Reserved]
mable liquids which may be spilled at (e) The provisions of paragraph
loading or unloading points from enter- (g)(1)(i)(a) of this section shall not pro-
ing public sewers and drainage sys- hibit the dispensing of flammable liq-
tems, or natural waterways. Connec- uids with a flashpoint below 100 °F (37.8
tion to such sewers, drains, or water- °C) in the open from a tank vehicle to
ways by which flammable liquids a motor vehicle. Such dispensing shall
might enter shall be provided with sep- be permitted provided:
arator boxes or other approved means (1) The tank vehicle complies with
whereby such entry is precluded. the requirements covered in the Stand-
Crankcase drainings and flammable ard on Tank Vehicles for Flammable
liquids shall not be dumped into sew- Liquids, NFPA 385–1966.
ers, but shall be stored in tanks or (2) The dispensing is done on prem-
tight drums outside of any building ises not open to the public.
until removed from the premises. (3) [Reserved]
(8) Fire control. Suitable fire-control (4) The dispensing hose does not ex-
devices, such as small hose or portable ceed 50 feet in length.
fire extinguishers, shall be available to (5) The dispensing nozzle is a listed
locations where fires are likely to automatic-closing type without a
occur. Additional fire-control equip- latchopen device.
ment may be required where a tank of (f) Category 1 or 2 flammable liquids,
more than 50,000 gallons individual ca- or Category 3 flammable liquids with a
pacity contains Category 1 or 2 flam- flashpoint below 100 °F (37.8 °C), shall
mable liquids, or Category 3 flammable not be stored or handled within a build-
liquids with a flashpoint below 100 °F ing having a basement or pit into
278
which flammable vapors may travel, tilation designed to prevent the accu-
unless such area is provided with ven- mulation of flammable vapors therein.
(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.
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 )
279
TABLE H–18—ELECTRICAL EQUIPMENT HAZARDOUS AREAS—BULK PLANTS—Continued

Class I
Location Group D Extent of classified area
division
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- station buildings from tanks of not
lation of tanks in accordance with more than 120 gallons capacity each.
paragraph (b)(3) of this section is im- (iv) [Reserved]
practical because of property or build- (v) Dispensing into portable containers.
ing limitations, tanks for flammable No delivery of any Category 1 or 2
liquids may be installed in buildings if flammable liquids, or Category 3 flam-
properly enclosed. mable liquids with a flashpoint below
(b) The enclosure shall be substan- 100 °F (37.8 °C), shall be made into port-
tially liquid and vaportight without able containers unless the container is
backfill. Sides, top, and bottom of the constructed of metal, has a tight clo-
enclosure shall be of reinforced con- sure with screwed or spring cover, and
crete at least 6 inches thick, with open- is fitted with a spout or so designed so
ings for inspection through the top the contents can be poured without
only. Tank connections shall be so spilling.
piped or closed that neither vapors nor (2) [Reserved]
liquid can escape into the enclosed (3) Dispensing systems—(i) Location.
space. Means shall be provided whereby Dispensing devices at automotive serv-
portable equipment may be employed ice stations shall be so located that all
to discharge to the outside any liquid parts of the vehicle being served will be
or vapors which might accumulate on the premises of the service station.
should leakage occur. (ii) Inside location. Approved dis-
(iii) Inside buildings. (a) Except where pensing units may be located inside of
stored in tanks as provided in para- buildings. The dispensing area shall be
graph (g)(1)(ii) of this section, no Cat- separated from other areas in an ap-
egory 1 or 2 flammable liquids, or Cat- proved manner. The dispensing unit
egory 3 flammable liquids with a and its piping shall be mounted either
flashpoint below 100 °F (37.8 °C), shall on a concrete island or protected
be stored within any service station against collision damage by suitable
building except in closed containers of means and shall be located in a posi-
aggregate capacity not exceeding 60 tion where it cannot be struck by a ve-
gallons. One container not exceeding 60 hicle descending a ramp or other slope
gallons capacity equipped with an ap- out of control. The dispensing area
proved pump is permitted. shall be provided with an approved me-
(b) Category 1 or 2 flammable liquids, chanical or gravity ventilation system.
or Category 3 flammable liquids with a When dispensing units are located
flashpoint below 100 °F (37.8 °C), may be below grade, only approved mechanical
transferred from one container to an- ventilation shall be used and the entire
other in lubrication or service rooms of dispensing area shall be protected by
a service station building provided the an approved automatic sprinkler sys-
electrical installation complies with tem. Ventilating systems shall be elec-
Table H–19 and provided that any heat- trically interlocked with gasoline dis-
ing equipment complies with paragraph pensing units so that the dispensing
(g)(6) of this section. units cannot be operated unless the
(c) Category 3 flammable liquids with ventilating fan motors are energized.
a flashpoint at or above 100 °F (37.8 °C) (iii) Emergency power cutoff. A clearly
and Category 4 flammable liquids may identified and easily accessible
be stored and dispensed inside service switch(es) or a circuit breaker(s) shall
280
be provided at a location remote from ings, shall be located not less than 10
dispensing devices, including remote feet from lines of adjoining property
pumping systems, to shut off the power which may be built upon, and not less
to all dispensing devices in the event of than 5 feet from any building opening.
an emergency. When an outside pump location is im-
(iv) Dispensing units. (a) Category 1 or practical, pumps may be installed in-
2 flammable liquids, or Category 3 side of buildings, as provided for dis-
flammable liquids with a flashpoint pensers in subdivision (ii) of this sub-
below 100 °F (37.8 °C), shall be trans- paragraph, or in pits as provided in
ferred from tanks by means of fixed subdivision (c) of this subdivision.
pumps so designed and equipped as to Pumps shall be substantially anchored
allow control of the flow and to pre- and protected against physical damage
vent leakage or accidental discharge. by vehicles.
(b)(1) Only listed devices may be used (c) Pits for subsurface pumps or pip-
for dispensing Category 1 or 2 flam- ing manifolds of submersible pumps
mable liquids, or Category 3 flammable shall withstand the external forces to
liquids with a flashpoint below 100 °F which they may be subjected without
(37.8 °C). No such device may be used if damage to the pump, tank, or piping.
it shows evidence of having been dis- The pit shall be no larger than nec-
mantled. essary for inspection and maintenance
(2) Every dispensing device for Cat- and shall be provided with a fitted
egory 1 or 2 flammable liquids, or Cat- cover.
egory 3 flammable liquids with a (d) A control shall be provided that
flashpoint below 100 °F (37.8 °C), in- will permit the pump to operate only
stalled after December 31, 1978, shall when a dispensing nozzle is removed
contain evidence of listing so placed from its bracket on the dispensing unit
that any attempt to dismantle the de- and the switch on this dispensing unit
vice will result in damage to such evi- is manually actuated. This control
dence, visible without disassembly or shall also stop the pump when all noz-
dismounting of the nozzle. zles have been returned to their brack-
(c) Category 1 or 2 flammable liquids, ets.
or Category 3 flammable liquids with a (e) An approved impact valve, incor-
flashpoint below 100 °F (37.8 °C), shall porating a fusible link, designed to
not be dispensed by pressure from close automatically in the event of se-
drums, barrels, and similar containers. vere impact or fire exposure shall be
Approved pumps taking suction properly installed in the dispensing
through the top of the container or ap- supply line at the base of each indi-
proved self-closing faucets shall be vidual dispensing device.
used. (f) Testing. After the completion of
(d) The dispensing units, except those the installation, including any paving,
attached to containers, shall be mount- that section of the pressure piping sys-
ed either on a concrete island or pro- tem between the pump discharge and
tected against collision damage by the connection for the dispensing facil-
suitable means. ity shall be tested for at least 30 min-
(v) Remote pumping systems. (a) This utes at the maximum operating pres-
paragraph (g)(3)(v) shall apply to sys- sure of the system. Such tests shall be
tems for dispensing Category 1 or 2 repeated at 5-year intervals thereafter.
flammable liquids, or Category 3 flam- (vi) Delivery nozzles. (a) A listed man-
mable liquids with a flashpoint below ual or automatic-closing type hose noz-
100 °F (37.8 °C), where such liquids are zle valve shall be provided on dis-
transferred from storage to individual pensers used for the dispensing of Cat-
or multiple dispensing units by pumps egory 1 or 2 flammable liquids, or Cat-
located elsewhere than at the dis- egory 3 flammable liquids with a
pensing units. flashpoint below 100 °F (37.8 °C).
(b) Pumps shall be designed or (b) Manual-closing type valves shall
equipped so that no part of the system be held open manually during dis-
will be subjected to pressures above its pensing. Automatic-closing type valves

allowable working pressure. Pumps in- may be used in conjunction with an ap-
stalled above grade, outside of build- proved latch-open device.
281
(4) Marine service stations—(i) Dis- plied with and the quantity so stored
pensing. (a) The dispensing area shall does not exceed 1,100 gallons aggregate
be located away from other structures capacity.
so as to provide room for safe ingress (c) Shore tanks supplying marine
and egress of craft to be fueled. Dis- service stations may be located above
pensing units shall in all cases be at ground, where rock ledges or high
least 20 feet from any activity involv- water table make underground tanks
ing fixed sources of ignition. impractical.
(b) Dispensing shall be by approved (d) Where tanks are at an elevation
dispensing units with or without inte- which would produce gravity head on
gral pumps and may be located on open the dispensing unit, the tank outlet
piers, wharves, or floating docks or on shall be equipped with a pressure con-
shore or on piers of the solid fill type. trol valve positioned adjacent to and
(c) Dispensing nozzles shall be auto- outside the tank block valve specified
matic-closing without a hold-open in paragraph (b)(2)(ix)(b) of this sec-
latch. tion, so adjusted that liquid cannot
(ii) Tanks and pumps. (a) Tanks, and flow by gravity from the tank in case
pumps not integral with the dispensing of piping or hose failure.
unit, shall be on shore or on a pier of (iii) Piping. (a) Piping between shore
the solid fill type, except as provided in tanks and dispensing units shall be as
paragraphs (g)(4)(ii) (b) and (c) of this described in paragraph (c) of this sec-
section. tion, except that, where dispensing is
(b) Where shore location would re- from a floating structure, suitable
quire excessively long supply lines to lengths of oil-resistant flexible hose
dispensers, tanks may be installed on a may be employed between the shore
pier provided that applicable portions piping and the piping on the floating
of paragraph (b) of this section relative structure as made necessary by change
to spacing, diking, and piping are com- in water level or shoreline.
282
283
ER26MR12.058</GPH>
(b) A readily accessible valve to shut liquids with a flashpoint below 100 °F
off the supply from shore shall be pro- (37.8 °C), are stored or handled. For
vided in each pipeline at or near the areas where Category 3 flammable liq-
approach to the pier and at the shore uids with a flashpoint at or above 100
end of each pipeline adjacent to the °F (37.8 °C) or Category 4 flammable
point where flexible hose is attached. liquids are stored or handled the elec-
(c) Piping shall be located so as to be trical equipment may be installed in
protected from physical damage. accordance with the provisions of sub-
(d) Piping handling Category 1 or 2 part S of this part, for ordinary loca-
flammable liquids, or Category 3 flam-
tions.
mable liquids with a flashpoint below
100 °F (37.8 °C), shall be grounded to (ii) All electrical equipment and wir-
control stray currents. ing shall be of a type specified by and
(5) Electrical equipment—(i) Applica- shall be installed in accordance with
tion. This paragraph (g)(5) shall apply subpart S of this part.

to areas where Category 1 or 2 flam- (iii) So far as it applies. Table H–19
mable liquids, or Category 3 flammable shall be used to delineate and classify
284
ER26MR12.059</GPH>
hazardous areas for the purpose of in- dispensed to prevent spilled liquids
stallation of electrical equipment from flowing into the interior of serv-
under normal circumstances. A classi- ice station buildings. Such provision
fied area shall not extend beyond an may be by grading driveways, raising
unpierced wall, roof, or other solid par- door sills, or other equally effective
tition. means. Crankcase drainings and flam-
(iv) The area classifications listed mable liquids shall not be dumped into
shall be based on the assumption that sewers but shall be stored in tanks or
the installation meets the applicable drums outside of any building until re-
requirements of this section in all removed from the premises.
spects. (8) Sources of ignition. In addition to
(6) Heating equipment—(i) Conform- the previous restrictions of this para-
ance. Heating equipment shall be in- graph, the following shall apply: There
stalled as provided in paragraphs (g)(6) shall be no smoking or open flames in
(ii) through (v) of this section. the areas used for fueling, servicing
(ii) Application. Heating equipment fuel systems for internal combustion
may be installed in the conventional engines, receiving or dispensing of
manner in an area except as provided flammable liquids. Conspicuous and
in paragraph (g)(6) (iii), (iv), or (v) of legible signs prohibiting smoking shall
this section. be posted within sight of the customer
(iii) Special room. Heating equipment being served. The motors of all equip-
may be installed in a special room sep- ment being fueled shall be shut off dur-
arated from an area classified by Table ing the fueling operation.
H–19 by walls having a fire resistance (9) Fire control. Each service station
rating of at least 1 hour and without shall be provided with at least one fire
any openings in the walls within 8 feet extinguisher having a minimum ap-
of the floor into an area classified in proved classification of 6 B, C, located
Table H–19. This room shall not be used so that an extinguisher, will be within
for combustible storage and all air for 75 feet of each pump, dispenser, under-
combustion purposes shall come from ground fill pipe opening, and lubrica-
outside the building. tion or service room.
(iv) Work areas. Heating equipment (h) Processing plants—(1) Scope. This
using gas or oil fuel may be installed in paragraph shall apply to those plants
the lubrication, sales, or service room or buildings which contain chemical
where there is no dispensing or trans- operations such as oxidation, reduc-
ferring of Category 1 or 2 flammable tion, halogenation, hydrogenation,
liquids or 3 flammable liquids with a alkylation, polymerization, and other
flashpoint below 100 °F (37.8 °C), pro- chemical processes but shall not apply
vided the bottom of the combustion to chemical plants, refineries or distill-
chamber is at least 18 inches above the eries.
floor and the heating equipment is pro- (2) Location—(i) Classification. The lo-
tected from physical damage by vehi- cation of each processing vessel shall
cles. Heating equipment using gas or be based upon its flammable liquid ca-
oil fuel listed for use in garages may be pacity.
installed in the lubrication or service (ii) [Reserved]
room where Category 1 or 2 flammable (3) Processing building—(i) Construc-
liquids, or Category 3 flammable liq- tion. (a) Processing buildings shall be of
uids with a flashpoint below 100 °F (37.8 fire-resistance or noncombustible con-
°C), are dispensed provided the equip- struction, except heavy timber con-
ment is installed at least 8 feet above struction with load-bearing walls may
the floor. be permitted for plants utilizing only
(v) Electric heat. Electrical heating stable Category 3 flammable liquids
equipment shall conform to paragraph with a flashpoint at or above 100 °F
(g)(5) of this section. (37.8 °C) or Category 4 flammable liq-
(7) Drainage and waste disposal. Provi- uids. Except as provided in paragraph
sion shall be made in the area where (h)(2)(ii) of this section or in the case
Category 1 or 2 flammable liquids, or of explosion resistant walls used in

Category 3 flammable liquids with a conjunction with explosion relieving
flashpoint below 100 °F (37.8 °C), are facilities, see paragraph (h)(3)(iv) of
285
this section, load-bearing walls are pro- (d) Windows of explosion venting
hibited. Buildings shall be without type.
basements or covered pits. (4) Liquid handling—(i) Storage. (a)
(b) Areas shall have adequate exit fa- The storage of flammable liquids in
cilities arranged to prevent occupants tanks shall be in accordance with the
from being trapped in the event of fire. applicable provisions of paragraph (b)
Exits shall not be exposed by the drain- of this section.
age facilities described in paragraph (b) If the storage of flammable liq-
(h)(ii) of this section. uids in outside aboveground or under-
(ii) Drainage. (a) Emergency drainage ground tanks is not practical because
systems shall be provided to direct of temperature or production consider-
flammable liquid leakage and fire pro- ations, tanks may be permitted inside
tection water to a safe location. This of buildings or structures in accord-
may require curbs, scuppers, or special ance with the applicable provisions of
drainage systems to control the spread paragraph (b) of this section.
of fire, see paragraph (b)(2)(vii)(b) of (c) Storage tanks inside of buildings
this section. shall be permitted only in areas at or
(b) Emergency drainage systems, if above grade which have adequate
connected to public sewers or dis- drainage and are separated from the
charged into public waterways, shall be processing area by construction having
equipped with traps or separators. a fire resistance rating of at least 2
(iii) Ventilation. (a) Enclosed proc- hours.
essing buildings shall be ventilated at a (d) The storage of flammable liquids
rate of not less than 1 cubic foot per in containers shall be in accordance
minute per square foot of solid floor with the applicable provisions of para-
area. This shall be accomplished by graph (d) of this section.
natural or mechanical ventilation with (ii) Piping, valves, and fittings. (a) Pip-
discharge or exhaust to a safe location ing, valves, and fittings shall be in ac-
outside of the building. Provisions cordance with paragraph (c) of this sec-
shall be made for introduction of tion.
makeup air in such a manner as not to (b) Approved flexible connectors may
short circuit the ventilation. Ventila- be used where vibration exists or where
tion shall be arranged to include all frequent movement is necessary. Ap-
floor areas or pits where flammable va- proved hose may be used at transfer
pors may collect. stations.
(b) Equipment used in a building and (c) Piping containing flammable liq-
the ventilation of the building shall be uids shall be identified.
designed so as to limit flammable (iii) Transfer. (a) The transfer of large
vapor-air mixtures under normal oper- quantities of flammable liquids shall
ating conditions to the interior of be through piping by means of pumps
equipment, and to not more than 5 feet or water displacement. Except as re-
from equipment which exposes Cat- quired in process equipment, gravity
egory 1 or 2 flammable liquids, or Cat- flow shall not be used. The use of com-
egory 3 flammable liquids with a pressed air as a transferring medium is
flashpoint below 100 °F (37.8 °C), to the prohibited.
air. Examples of such equipment are (b) Positive displacement pumps
dispensing stations, open centrifuges, shall be provided with pressure relief
plate and frame filters, open vacuum discharging back to the tank or to
filters, and surfaces of open equipment. pump suction.
(iv) Explosion relief. Areas where Cat- (iv) Equipment. (a) Equipment shall
egory 1 or unstable liquids are proc- be designed and arranged to prevent
essed shall have explosion venting the unintentional escape of liquids and
through one or more of the following vapors and to minimize the quantity
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
286
damage to the equipment can be lim- vided, approved equipment shall be

ited by inerting, by providing an explo- used and installed in an approved man-
sion suppression system, or by design- ner.
ing the equipment to contain the peak (iii) Alarm systems. An approved
explosion pressure which may be modi- means for prompt notification of fire
fied by explosion relief. Where the spe- to those within the plant and any pub-
cial hazards of operation, sources of ig- lic fire department available shall be
nition, or exposures indicate a need, provided. It may be advisable to con-
consideration shall be given to pro- nect the plant system with the public
viding protection by one or more of the system where public fire alarm system
above means. is available.
(5) Tank vehicle and tank car loading
(iv) Maintenance. All plant fire pro-
and unloading. Tank vehicle and tank
tection facilities shall be adequately
car loading or unloading facilities shall
maintained and periodically inspected
be separated from aboveground tanks,
warehouses, other plant buildings, or and tested to make sure they are al-
nearest line of adjoining property ways in satisfactory operating condi-
which may be built upon by a distance tion and that they will serve their pur-
of 25 feet for Category 1 or 2 flammable pose in time of emergency.
liquids, or Category 3 flammable liq- (7) Sources of ignition—(i) General. (a)
uids with a flashpoint below 100 °F (37.8 Precautions shall be taken to prevent
°C), and 15 feet for Category 3 flam- the ignition of flammable vapors.
mable liquids with a flashpoint at or Sources of ignition include but are not
above 100 °F (37.8 °C) and Category 4 limited to open flames; lightning;
flammable liquids measured from the smoking; cutting and welding; hot sur-
nearest position of any fill stem. Build- faces; frictional heat; static, electrical,
ings for pumps or shelters for personnel and mechanical sparks; spontaneous ig-
may be a part of the facility. Oper- nition, including heat-producing chem-
ations of the facility shall comply with ical reactions; and radiant heat.
the appropriate portions of paragraph (b) Category 1 or 2 flammable liquids,
(f)(3) of this section. or Category 3 flammable liquids with a
(6) Fire control—(i) Portable extin- flashpoint below 100 °F (37.8 °C), shall
guishers. Approved portable fire extin- not be dispensed into containers unless
guishers of appropriate size, type, and the nozzle and container are elec-
number shall be provided. trically interconnected. Where the me-
(ii) Other controls. Where the special tallic floorplate on which the container
hazards of operation or exposure indi- stands while filling is electrically con-
cate a need, the following fire control nected to the fill stem or where the fill
provision shall be provided.
stem is bonded to the container during
(a) A reliable water supply shall be
filling operations by means of a bond
available in pressure and quantity ade-
wire, the provisions of this section
quate to meet the probable fire de-
shall be deemed to have been complied
mands.
with.
(b) Hydrants shall be provided in ac-
cordance with accepted good practice. (ii) Maintenance and repair. (a) When
(c) Hose connected to a source of necessary to do maintenance work in a
water shall be installed so that all ves- flammable liquid processing area, the
sels, pumps, and other equipment con- work shall be authorized by a respon-
taining flammable liquids can be sible representative of the employer.
reached with at least one hose stream. (b) Hot work, such as welding or cut-
Nozzles that are capable of discharging ting operations, use of spark-producing
a water spray shall be provided. power tools, and chipping operations
(d) Processing plants shall be pro- shall be permitted only under super-
tected by an approved automatic sprin- vision of an individual in responsible
kler system or equivalent extin- charge who shall make an inspection of
guishing system. If special extin- the area to be sure that it is safe for
guishing systems including but not the work to be done and that safe pro-
limited to those employing foam, car- cedures will be followed for the work
bon dioxide, or dry chemical are pro- specified.
287
(iii) Electrical. (a) All electric wiring dures which will tend to control leak-
and equipment shall be installed in ac- age and prevent the accidental escape
cordance with subpart S of this part. of flammable liquids. Spills shall be
(b) Locations where flammable cleaned up promptly.
vapor-air mixtures may exist under (ii) Access. Adequate aisles shall be
normal operations shall be classified maintained for unobstructed move-
Class I, Division 1 according to the re- ment of personnel and so that fire pro-
quirements of subpart S of this part. tection equipment can be brought to
For those pieces of equipment installed bear on any part of the processing
in accordance with paragraph equipment.
(h)(3)(iii)(b) of this section, the Divi- (iii) Waste and residues. Combustible
sion 1 area shall extend 5 feet in all di- waste material and residues in a build-
rections from all points of vapor libera- ing or operating area shall be kept to a
tion. All areas within pits shall be clas- minimum, stored in closed metal waste
sified Division 1 if any part of the pit is cans, and disposed of daily.
within a Division 1 or 2 classified area, (iv) Clear zone. Ground area around
unless the pit is provided with mechan- buildings and operating areas shall be
ical ventilation. kept free of tall grass, weeds, trash, or
(c) Locations where flammable vapor- other combustible materials.
air mixtures may exist under abnormal (i) Refineries, chemical plants, and dis-
conditions and for a distance beyond tilleries—(1) Storage tanks. Flammable
Division 1 locations shall be classified liquids shall be stored in tanks, in con-
Division 2 according to the require- tainers, or in portable tanks. Tanks
ments of subpart S of this part. These shall be installed in accordance with
locations include an area within 20 feet paragraph (b) of this section. Tanks for
horizontally, 3 feet vertically beyond a the storage of flammable liquids in
Division 1 area, and up to 3 feet above tank farms and in locations other than
floor or grade level within 25 feet, if in- process areas shall be located in ac-
doors, or 10 feet if outdoors, from any cordance with paragraph (b)(2) (i) and
pump, bleeder, withdrawal fitting, (ii) of this section.
meter, or similar device handling Cat- (2) Wharves. Wharves handling flam-
egory 1 or 2 flammable liquids, or Cat- mable liquids shall be in accordance
egory 3 flammable liquids with a with paragraph (f)(4) of this section.
flashpoint below 100 °F (37.8 °C). Pits (3) Fired and unfired pressure vessels—
provided with adequate mechanical (i) Fired vessels. Fired pressure vessels
ventilation within a Division 1 or 2 shall be constructed in accordance with
area shall be classified Division 2. If the Code for Fired Pressure Vessels,
Category 3 flammable liquids with a Section I of the ASME Boiler and Pres-
flashpoint at or above 100 °F (37.8 °C) or sure Vessel Code—1968.
Category 4 flammable liquids only are (ii) Unfired vessels shall be con-
handled, then ordinary electrical structed in accordance with the Code
equipment is satisfactory though care for Unfired Pressure Vessels, Section
shall be used in locating electrical ap- VIII of the ASME Boiler and Pressure
paratus to prevent hot metal from fall- Vessel Code—1968.
ing into open equipment. (4) Location of process units. Process
(d) Where the provisions of para- units shall be located so that they are
graphs (h)(7)(iii) (a), (b), and (c) of this accessible from at least one side for the
section require the installation of ex- purpose of fire control.
plosion-proof equipment, ordinary elec- (5) Fire control—(i) Portable equipment.
trical equipment including switchgear Portable fire extinguishment and con-
may be used if installed in a room or trol equipment shall be provided in
enclosure which is maintained under such quantities and types as are needed
positive pressure with respect to the for the special hazards of operation and
hazardous area. Ventilation makeup storage.
air shall be uncontaminated by flam- (ii) Water supply. Water shall be
mable vapors. available in volume and at adequate
(8) Housekeeping—(i) General. Mainte- pressure to supply water hose streams,

nance and operating practices shall be foam producing equipment, automatic
in accordance with established proce- sprinklers, or water spray systems as
288
the need is indicated by the special terial used as a coating material which
hazards of operation and storage. shall be fluidized within a container by
(iii) Special equipment. Special extin- passing air uniformly from below. It is
guishing equipment such as that uti- common practice to fluidize such mate-
lizing foam, inert gas, or dry chemical rials to form a fluidized powder bed and
shall be provided as the need is indi- then dip the part to be coated into the
cated by the special hazards of oper- bed in a manner similar to that used in
ation and storage. liquid dipping. Such beds are also used
(j) Scope. This section applies to the as sources for powder spray operations.
handling, storage, and use of flam- (2) Spraying area. Any area in which
mable liquids with a flashpoint at or dangerous quantities of flammable va-
below 199.4 °F (93 °C) unless otherwise pors or mists, or combustible residues,
noted. This section does not apply to: dusts, or deposits are present due to
(1) Bulk transportation of flammable the operation of spraying processes.
liquids;
(3) Spray booth. A power-ventilated
(2) Storage, handling, and use of fuel
structure provided to enclose or accom-
oil tanks and containers connected
with oil burning equipment; modate a spraying operation to confine
(3) Storage of flammable liquids on and limit the escape of spray, vapor,
farms; and residue, and to safely conduct or
(4) Liquids without flashpoints that direct them to an exhaust system.
may be flammable under some condi- (4) Waterwash spray booth. A spray
tions, such as certain halogenated hy- booth equipped with a water washing
drocarbons and mixtures containing system designed to minimize dusts or
halogenated hydrocarbons; residues entering exhaust ducts and to
(5) Mists, sprays, or foams, except permit the recovery of overspray fin-
flammable aerosols covered in para- ishing material.
graph (d) of this section; or (5) Dry spray booth. A spray booth not
(6) Installations made in accordance equipped with a water washing system
with requirements of the following as described in subparagraph (4) of this
standards that are incorporated by ref- paragraph. A dry spray booth may be
erence as specified in § 1910.6: equipped with (i) distribution or baffle
(i) National Fire Protection Associa- plates to promote an even flow of air
tion Standard for Drycleaning Plants, through the booth or cause the deposit
NFPA No. 32–1970; of overspray before it enters the ex-
(ii) National Fire Protection Associa- haust duct; or (ii) overspray dry filters
tion Standard for the Manufacture of to minimize dusts; or (iii) overspray
Organic Coatings, NFPA No. 35–1970; dry filters to minimize dusts or resi-
(iii) National Fire Protection Asso- dues entering exhaust ducts; or (iv)
ciation Standard for Solvent Extrac- overspray dry filter rolls designed to
tion Plants, NFPA No. 36–1967; or minimize dusts or residues entering ex-
(iv) National Fire Protection Asso- haust ducts; or (v) where dry powders
ciation Standard for the Installation are being sprayed, with powder collec-
and Use of Stationary Combustion En- tion systems so arranged in the ex-
gines and Gas Turbines, NFPA No. 37– haust to capture oversprayed material.
1970.
(6) Fluidized bed. A container holding
[39 FR 23502, June 27, 1974, as amended at 40 powder coating material which is aer-
FR 3982, Jan. 27, 1975; 40 FR 23743, June 2, ated from below so as to form an air-
1975; 43 FR 49746, Oct. 24, 1978; 43 FR 51759, supported expanded cloud of such ma-
Nov. 7, 1978; 47 FR 39164, Sept. 7, 1982; 51 FR
terial through which the preheated ob-
34560, Sept. 29, 1986; 53 FR 12121, Apr. 12, 1988;
55 FR 32015, Aug. 6, 1990; 61 FR 9237, Mar. 7, ject to be coated is immersed and
1996; 70 FR 53929, Sept. 13, 2005; 77 FR 17765, transported.
Mar. 26, 2012] (7) Electrostatic fluidized bed. A con-
tainer holding powder coating material
§ 1910.107 Spray finishing using flam- which is aerated from below so as to
mable and combustible materials. form an air-supported expanded cloud
(a) Definitions applicable to this sec- of such material which is electrically

tion—(1) Aerated solid powders. Aerated charged with a charge opposite to the
powders shall mean any powdered ma- charge of the object to be coated; such
289
object is transported, through the con- feet per minute, or more, depending on
tainer immediately above the charged the volume of the finishing material
and aerated materials in order to be being applied and its flammability and
coated. explosion characteristics. Visible
(8) Approved. Shall mean approved gauges or audible alarm or pressure ac-
and listed by a nationally recognized tivated devices shall be installed to in-
testing laboratory. Refer to § 1910.7 for dicate or insure that the required air
definition of nationally recognized velocity is maintained. Filter rolls
testing laboratory. shall be inspected to insure proper re-
(9) Listed. See ‘‘approved’’ in placement of filter media.
§ 1910.107(a)(8). (ii) All discarded filter pads and filter
(b) Spray booths—(1) Construction. rolls shall be immediately removed to
Spray booths shall be substantially a safe, well-detached location or placed
constructed of steel, securely and rig- in a water-filled metal container and
idly supported, or of concrete or ma- disposed of at the close of the day’s op-
sonry except that aluminum or other eration unless maintained completely
substantial noncombustible material in water.
may be used for intermittent or low (iii) The location of filters in a spray
volume spraying. Spray booths shall be booth shall be so as to not reduce the
designed to sweep air currents toward effective booth enclosure of the arti-
the exhaust outlet. cles being sprayed.
(2) Interiors. The interior surfaces of
(iv) Space within the spray booth on
spray booths shall be smooth and con-
the downstream and upstream sides of
tinuous without edges and otherwise
filters shall be protected with approved
designed to prevent pocketing of resi-
automatic sprinklers.
dues and facilitate cleaning and wash-
ing without injury. (v) Filters or filter rolls shall not be
(3) Floors. The floor surface of a spray used when applying a spray material
booth and operator’s working area, if known to be highly susceptible to spon-
combustible, shall be covered with non- taneous heating and ignition.
combustible material of such character (vi) Clean filters or filter rolls shall
as to facilitate the safe cleaning and be noncombustible or of a type having
removal of residues. a combustibility not in excess of class
(4) Distribution or baffle plates. Dis- 2 filters as listed by Underwriters’ Lab-
tribution or baffle plates, if installed oratories, Inc. Filters and filter rolls
to promote an even flow of air through shall not be alternately used for dif-
the booth or cause the deposit of ferent types of coating materials,
overspray before it enters the exhaust where the combination of materials
duct, shall be of noncombustible mate- may be conducive to spontaneous igni-
rial and readily removable or acces- tion. See also paragraph (g)(6) of this
sible on both sides for cleaning. Such section.
plates shall not be located in exhaust (6) Frontal area. Each spray booth
ducts. having a frontal area larger than 9
(5) Dry type overspray collectors—(ex- square feet shall have a metal deflector
haust air filters). In conventional dry or curtain not less than 21⁄2 inches deep
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.
290
(9) Cleaning. Spray booths shall be so able residue and explosive vapors, there
installed that all portions are readily shall be no electrical equipment in any
accessible for cleaning. A clear space of spraying area, whereon deposits of
not less than 3 feet on all sides shall be combustible residues may readily accu-
kept free from storage or combustible mulate, except wiring in rigid conduit
construction. or in boxes or fittings containing no
(10) Illumination. When spraying areas taps, splices, or terminal connections.
are illuminated through glass panels or (6) Wiring type approved. Electrical
other transparent materials, only fixed wiring and equipment not subject to
lighting units shall be used as a source deposits of combustible residues but lo-
of illumination. Panels shall effec- cated in a spraying area as herein de-
tively isolate the spraying area from fined shall be of explosion-proof type
the area in which the lighting unit is
approved for Class I, group D locations
located, and shall be of a noncombus-
and shall otherwise conform to the pro-
tible material of such a nature or so
visions of subpart S of this part, for
protected that breakage will be un-
Class I, Division 1, Hazardous Loca-
likely. Panels shall be so arranged that
normal accumulations of residue on tions. Electrical wiring, motors, and
the exposed surface of the panel will other equipment outside of but within
not be raised to a dangerous tempera- twenty (20) feet of any spraying area,
ture by radiation or conduction from and not separated therefrom by parti-
the source of illumination. tions, shall not produce sparks under
(c) Electrical and other sources of igni- normal operating conditions and shall
tion—(1) Conformance. All electrical otherwise conform to the provisions of
equipment, open flames and other subpart S of this part for Class I, Divi-
sources of ignition shall conform to the sion 2 Hazardous Locations.
requirements of this paragraph, except (7) Lamps. Electric lamps outside of,
as follows: but within twenty (20) feet of any
(i) Electrostatic apparatus shall con- spraying area, and not separated there-
form to the requirements of paragraphs from by a partition, shall be totally en-
(h) and (i) of this section; closed to prevent the falling of hot par-
(ii) Drying, curing, and fusion appa- ticles and shall be protected from me-
ratus shall conform to the require- chanical injury by suitable guards or
ments of paragraph (j) of this section; by location.
(iii) Automobile undercoating spray (8) Portable lamps. Portable electric
operations in garages shall conform to lamps shall not be used in any spraying
the requirements of paragraph (k) of area during spraying operations. Port-
this section; able electric lamps, if used during
(iv) Powder-coating equipment shall cleaning or repairing operations, shall
conform to the requirements of para- be of the type approved for hazardous
graph (l)(1) of this section. Class I locations.
(2) Minimum separation. There shall be
(9) Grounding. (i) All metal parts of
no open flame or spark producing
spray booths, exhaust ducts, and piping
equipment in any spraying area nor
within 20 feet thereof, unless separated systems conveying flammable liquids
by a partition. or liquids with a flashpoint greater
(3) Hot surfaces. Space-heating appli- than 199.4 °F (93 °C) or aerated solids
ances, steampipes, or hot surfaces shall shall be properly electrically grounded
not be located in a spraying area where in an effective and permanent manner.
deposits of combustible residues may (ii) [Reserved]
readily accumulate. (d) Ventilation—(1) Conformance. Ven-
(4) Wiring conformance. Electrical wir- tilating and exhaust systems shall be
ing and equipment shall conform to the in accordance with the Standard for
provisions of this paragraph and shall Blower and Exhaust Systems for Vapor
otherwise be in accordance with sub- Removal, NFPA No. 91–1961, which is
part S of this part. incorporated by reference as specified
(5) Combustible residues, areas. Unless in § 1910.6, where applicable and shall
specifically approved for locations con- also conform to the provisions of this
taining both deposits of readily ignit- section.
291
(2) General. All spraying areas shall be in a full open position at all times
be provided with mechanical ventila- the ventilating system is in operation.
tion adequate to remove flammable va- (i) Exhaust ducts shall be protected
pors, mists, or powders to a safe loca- against mechanical damage and have a
tion and to confine and control com- clearance from unprotected combus-
bustible residues so that life is not en- tible construction or other combustible
dangered. Mechanical ventilation shall material of not less than 18 inches.
be kept in operation at all times while (ii) If combustible construction is
spraying operations are being con- provided with the following protection
ducted and for a sufficient time there- applied to all surfaces within 18 inches,
after to allow vapors from drying coat- clearances may be reduced to the dis-
ed articles and drying finishing mate- tances indicated:
rial residue to be exhausted. (a) 28-gage sheet metal on 1⁄4-inch asbestos 12 inches.
(3) Independent exhaust. Each spray mill board.
booth shall have an independent ex- (b) 28-gage sheet metal on 1⁄8-inch asbestos 9 inches.
haust duct system discharging to the mill board spaced out 1 inch on non-
combustible spacers.
exterior of the building, except that (c) 22-gage sheet metal on 1-inch rockwool 3 inches.
multiple cabinet spray booths in which batts reinforced with wire mesh or the
identical spray finishing material is equivalent.
used with a combined frontal area of (d) Where ducts are protected with an ap-
proved automatic sprinkler system, properly
not more than 18 square feet may have maintained, the clearance required in sub-
a common exhaust. If more than one division (i) of this subparagraph may be re-
fan serves one booth, all fans shall be duced to 6 inches.
so interconnected that one fan cannot
(8) Discharge clearance. Unless the
operate without all fans being oper-
spray booth exhaust duct terminal is
ated.
from a water-wash spray booth, the
(4) Fan-rotating element. The fan-ro-
terminal discharge point shall be not
tating element shall be nonferrous or
less than 6 feet from any combustible
nonsparking or the casing shall consist
exterior wall or roof nor discharge in
of or be lined with such material.
the direction of any combustible con-
There shall be ample clearance be-
struction or unprotected opening in
tween the fan-rotating element and the
fan casing to avoid a fire by friction, any noncombustible exterior wall with-
necessary allowance being made for or- in 25 feet.
dinary expansion and loading to pre- (9) Air exhaust. Air exhaust from
vent contact between moving parts and spray operations shall not be directed
the duct or fan housing. Fan blades so that it will contaminate makeup air
shall be mounted on a shaft suffi- being introduced into the spraying area
ciently heavy to maintain perfect or other ventilating intakes, nor di-
alignment even when the blades of the rected so as to create a nuisance. Air
fan are heavily loaded, the shaft pref- exhausted from spray operations shall
erably to have bearings outside the not be recirculated.
duct and booth. All bearings shall be of (10) Access doors. When necessary to
the self-lubricating type, or lubricated facilitate cleaning, exhaust ducts shall
from the outside duct. be provided with an ample number of
(5) Electric motors. Electric motors access doors.
driving exhaust fans shall not be placed (11) Room intakes. Air intake openings
inside booths or ducts. See also para- to rooms containing spray finishing op-
graph (c) of this section. erations shall be adequate for the effi-
(6) Belts. Belts shall not enter the cient operation of exhaust fans and
duct or booth unless the belt and pul- shall be so located as to minimize the
ley within the duct or booth are thor- creation of dead air pockets.
oughly enclosed. (12) Drying spaces. Freshly sprayed
(7) Exhaust ducts. Exhaust ducts shall articles shall be dried only in spaces
be constructed of steel and shall be provided with adequate ventilation to
substantially supported. Exhaust ducts prevent the formation of explosive va-
without dampers are preferred; how- pors. In the event adequate and reliable
ever, if dampers are installed, they ventilation is not provided such drying
shall be maintained so that they will spaces shall be considered a spraying
292
area. See also paragraph (j) of this sec- be subject to air pressure for supplying
tion. spray nozzles. Containers under air
(e) Flammable liquids and liquids with pressure supplying spray nozzles shall
a flashpoint greater than 199.4 °F (93 be of limited capacity, not exceeding
°C)—(1) Conformance. The storage of that necessary for 1 day’s operation;
flammable liquids or liquids with a shall be designed and approved for such
flashpoint greater than 199.4 °F (93 °C) use; shall be provided with a visible
in connection with spraying operations pressure gage; and shall be provided
shall conform to the requirements of with a relief valve set to operate in
§ 1910.106, where applicable. conformance with the requirements of
(2) Quantity. The quantity of flam- the Code for Unfired Pressure Vessels,
mable liquids or liquids with a Section VIII of the ASME Boiler and
flashpoint greater than 199.4 °F (93 °C) Pressure Vessel Code—1968, which is in-
kept in the vicinity of spraying oper- corporated by reference as specified in
ations shall be the minimum required
§ 1910.6. Containers under air pressure
for operations and should ordinarily
supplying spray nozzles, air-storage
not exceed a supply for 1 day or one
tanks and coolers shall conform to the
shift. Bulk storage of portable con-
tainers of flammable liquids or liquids standards of the Code for Unfired Pres-
with a flashpoint greater than 199.4 °F sure Vessels, Section VIII of the ASME
(93 °C) shall be in a separate, con- Boiler and Pressure Vessel Code—1968
structed building detached from other for construction, tests, and mainte-
important buildings or cut off in a nance.
standard manner. (6) Pipes and hoses. (i) All containers
(3) Containers. Original closed con- or piping to which is attached a hose or
tainers, approved portable tanks, ap- flexible connection shall be provided
proved safety cans or a properly ar- with a shutoff valve at the connection.
ranged system of piping shall be used Such valves shall be kept shut when
for bringing flammable liquids or liq- spraying operations are not being con-
uids with a flashpoint greater than ducted.
199.4 °F (93 °C) into spray finishing (ii) When a pump is used to deliver
room. Open or glass containers shall products, automatic means shall be
not be used. provided to prevent pressure in excess
(4) Transferring liquids. Except as proof the design working pressure of ac-
vided in paragraph (e)(5) of this section cessories, piping, and hose.
the withdrawal of flammable liquids (iii) All pressure hose and couplings
and liquids with a flashpoint greater shall be inspected at regular intervals
than 199.4 °F (93 °C) from containers appropriate to this service. The hose
having a capacity of greater than 60 and couplings shall be tested with the
gallons shall be by approved pumps. hose extended, and using the ‘‘inservice
The withdrawal of flammable liquids or
maximum operating pressures.’’ Any
liquids with a flashpoint greater than
hose showing material deteriorations,
199.4 °F (93 °C) from containers and the
signs of leakage, or weakness in its
filling of containers, including portable
mixing tanks, shall be done only in a carcass or at the couplings, shall be
suitable mixing room or in a spraying withdrawn from service and repaired or
area when the ventilating system is in discarded.
operation. Adequate precautions shall (iv) Piping systems conveying flam-
be taken to protect against liquid spill- mable liquids or liquids with a
age and sources of ignition. flashpoint greater than 199.4 °F (93 °C)
(5) Spraying containers. Containers shall be of steel or other material hav-
supplying spray nozzles shall be of ing comparable properties of resistance
closed type or provided with metal cov- to heat and physical damage. Piping
ers kept closed. Containers not resting systems shall be properly bonded and
on floors shall be on metal supports or grounded.
suspended by wire cables. Containers (7) Spray liquid heaters. Electrically
supplying spray nozzles by gravity flow powered spray liquid heaters shall be
shall not exceed 10 gallons capacity. approved and listed for the specific lo-
Original shipping containers shall not cation in which used (see paragraph (c)
293
of this section). Heaters shall not be lo- practical, with cleaning conducted
cated in spray booths nor other loca- daily if necessary. Scrapers, spuds, or
tions subject to the accumulation of other such tools used for cleaning pur-
deposits or combustible residue. If an poses shall be of nonsparking material.
electric motor is used, see paragraph (3) Residue disposal. Residue scrapings
(c) of this section. and debris contaminated with residue
(8) Pump relief. If flammable liquids shall be immediately removed from the
or liquids with a flashpoint greater premises and properly disposed of. Ap-
than 199.4 °F (93 °C) are supplied to proved metal waste cans shall be pro-
spray nozzles by positive displacement vided wherever rags or waste are im-
pumps, the pump discharge line shall pregnated with finishing material and
be provided with an approved relief all such rags or waste deposited therein
valve discharging to a pump suction or immediately after use. The contents of
a safe detached location, or a device waste cans shall be properly disposed of
provided to stop the prime mover if the at least once daily or at the end of each
discharge pressure exceeds the safe op- shift.
erating pressure of the system. (4) Clothing storage. Spray finishing
(9) Grounding. Whenever flammable employees’ clothing shall not be left on
liquids or liquids with a flashpoint the premises overnight unless kept in
greater than 199.4 °F (93 °C) are trans- metal lockers.
ferred from one container to another, (5) Cleaning solvents. The use of sol-
both containers shall be effectively vents for cleaning operations shall be
bonded and grounded to prevent dis- restricted to those having flashpoints
charge sparks of static electricity. not less than 100 °F.; however, for
(f) Protection—(1) Conformance. In cleaning spray nozzles and auxiliary
sprinklered buildings, the automatic equipment, solvents having flashpoints
sprinkler system in rooms containing not less than those normally used in
spray finishing operations shall con- spray operations may be used. Such
form to the requirements of § 1910.159. cleaning shall be conducted inside
In unsprinklered buildings where sprin- spray booths and ventilating equip-
klers are installed only to protect ment operated during cleaning.
spraying areas, the installation shall (6) Hazardous materials combinations.
conform to such standards insofar as Spray booths shall not be alternately
they are applicable. Sprinkler heads used for different types of coating ma-
shall be located so as to provide water terials, where the combination of the
distribution throughout the entire materials may be conducive to sponta-
booth. neous ignition, unless all deposits of
(2) Valve access. Automatic sprinklers the first used material are removed
protecting each spray booth (together from the booth and exhaust ducts prior
with its connecting exhaust) shall be to spraying with the second used mate-
under an accessibly located separate rial.
outside stem and yoke (OS&Y) subcon- (7) ‘‘No Smoking’’ signs. ‘‘No smoking’’
trol valve. signs in large letters on contrasting
(3) Cleaning of heads. Sprinklers pro- color background shall be conspicu-
tecting spraying areas shall be kept as ously posted at all spraying areas and
free from deposits as practical by paint storage rooms.
cleaning daily if necessary. (See also (h) Fixed electrostatic apparatus—(1)
paragraph (g) of this section.) Conformance. Where installation and
(4) Portable extinguishers. An adequate use of electrostatic spraying equip-
supply of suitable portable fire extin- ment is used, such installation and use
guishers shall be installed near all shall conform to all other paragraphs
spraying areas. of this section, and shall also conform
(g) Operations and maintenance—(1) to the requirements of this paragraph.
Spraying. Spraying shall not be con- (2) Type approval. Electrostatic appa-
ducted outside of predetermined spray- ratus and devices used in connection
ing areas. with coating operations shall be of ap-
(2) Cleaning. All spraying areas shall proved types.

be kept as free from the accumulation (3) Location. Transformers, power
of deposits of combustible residues as packs, control apparatus, and all other
294
electrical portions of the equipment, equipment which is manipulated by

with the exception of high-voltage hand, see paragraph (i) of this section
grids, electrodes, and electrostatic for applicable requirements.
atomizing heads and their connections, (9) Fail-safe controls. Electrostatic ap-
shall be located outside of the spraying paratus shall be equipped with auto-
area, or shall otherwise conform to the matic controls which will operate with-
requirements of paragraph (c) of this out time delay to disconnect the power
section. supply to the high voltage transformer
(4) Support. Electrodes and electro- and to signal the operator under any of
static atomizing heads shall be ade- the following conditions:
quately supported in permanent loca- (i) Stoppage of ventilating fans or
tions and shall be effectively insulated
failure of ventilating equipment from
from the ground. Electrodes and elec-
any cause.
trostatic atomizing heads which are
permanently attached to their bases, (ii) Stoppage of the conveyor car-
supports, or reciprocators, shall be rying goods through the high voltage
deemed to comply with this section. field.
Insulators shall be nonporous and non- (iii) Occurrence of a ground or of an
combustible. imminent ground at any point on the
(5) Insulators, grounding. High-voltage high voltage system.
leads to electrodes shall be properly in- (iv) Reduction of clearance below
sulated and protected from mechanical that specified in paragraph (h)(6) of
injury or exposure to destructive this section.
chemicals. Electrostatic atomizing (10) Guarding. Adequate booths, fenc-
heads shall be effectively and perma- ing, railings, or guards shall be so
nently supported on suitable insulators placed about the equipment that they,
and shall be effectively guarded either by their location or character or
against accidental contact or ground- both, assure that a safe isolation of the
ing. An automatic means shall be pro- process is maintained from plant stor-
vided for grounding the electrode sys- age or personnel. Such railings, fenc-
tem when it is electrically deenergized ing, and guards shall be of conducting
for any reason. All insulators shall be material, adequately grounded.
kept clean and dry. (11) Ventilation. Where electrostatic
(6) Safe distance. A safe distance shall atomization is used the spraying area
be maintained between goods being shall be so ventilated as to insure safe
painted and electrodes or electrostatic conditions from a fire and health
atomizing heads or conductors of at standpoint.
least twice the sparking distance. A (12) Fire protection. All areas used for
suitable sign indicating this safe dis- spraying, including the interior of the
tance shall be conspicuously posted
booth, shall be protected by automatic
near the assembly.
sprinklers where this protection is
(7) Conveyors required. Goods being
available. Where this protection is not
painted using this process are to be
available, other approved automatic
supported on conveyors. The conveyors
extinguishing equipment shall be pro-
shall be so arranged as to maintain
safe distances between the goods and vided.
the electrodes or electrostatic atom- (i) Electrostatic hand spraying equip-
izing heads at all times. Any irregu- ment—(1) Application. This paragraph
larly shaped or other goods subject to shall apply to any equipment using
possible swinging or movement shall be electrostatically charged elements for
rigidly supported to prevent such the atomization and/or, precipitation
swinging or movement which would re- of materials for coatings on articles, or
duce the clearance to less than that for other similar purposes in which the
specified in paragraph (h)(6) of this sec- atomizing device is hand held and ma-
tion. nipulated during the spraying oper-
(8) Prohibition. This process is not ac- ation.
ceptable where goods being coated are (2) Conformance. Electrostatic hand
manipulated by hand. When finishing spraying equipment shall conform with
materials are applied by electrostatic the other provisions of this section.
295
(3) Equipment approval and specifica- ventilation of the spraying area that
tions. Electrostatic hand spray appa- the equipment cannot be operated un-
ratus and devices used in connection less the ventilation fans are in oper-
with coating operations shall be of ap- ation.
proved types. The high voltage circuits (9) Ventilation. The spraying oper-
shall be designed so as to not produce ation shall take place within a spray
a spark of sufficient intensity to ignite area which is adequately ventilated to
any vapor-air mixtures nor result in remove solvent vapors released from
appreciable shock hazard upon coming the operation.
in contact with a grounded object (j) Drying, curing, or fusion appa-
under all normal operating conditions. ratus—(1) Conformance. Drying, curing,
The electrostatically charged exposed
or fusion apparatus in connection with
elements of the handgun shall be capa-
spray application of flammable and
ble of being energized only by a switch
combustible finishes shall conform to
which also controls the coating mate-
rial supply. the Standard for Ovens and Furnaces,
(4) Electrical support equipment. Trans- NFPA 86A–1969, which is incorporated
formers, powerpacks, control appa- by reference as specified in § 1910.6,
ratus, and all other electrical portions where applicable and shall also con-
of the equipment, with the exception of form with the following requirements
the handgun itself and its connections of this paragraph.
to the power supply shall be located (2) Alternate use prohibited. Spray
outside of the spraying area or shall booths, rooms, or other enclosures used
otherwise conform to the requirements for spraying operations shall not alter-
of paragraph (c) of this section. nately be used for the purpose of dry-
(5) Spray gun ground. The handle of ing by any arrangement which will
the spraying gun shall be electrically cause a material increase in the sur-
connected to ground by a metallic con- face temperature of the spray booth,
nection and to be so constructed that room, or enclosure.
the operator in normal operating posi- (3) Adjacent system interlocked. Except
tion is in intimate electrical contact as specifically provided in paragraph
with the grounded handle. (j)(4) of this section, drying, curing, or
(6) Grounding—general. All elec- fusion units utilizing a heating system
trically conductive objects in the having open flames or which may
spraying area shall be adequately produce sparks shall not be installed in
grounded. This requirement shall apply a spraying area, but may be installed
to paint containers, wash cans, and any adjacent thereto when equipped with
other objects or devices in the area. an interlocked ventilating system ar-
The equipment shall carry a prominent ranged to:
permanently installed warning regard- (i) Thoroughly ventilate the drying
ing the necessity for this grounding space before the heating system can be
feature. started;
(7) Maintenance of grounds. Objects
(ii) Maintain a safe atmosphere at
being painted or coated shall be main-
any source of ignition;
tained in metallic contact with the
conveyor or other grounded support. (iii) Automatically shut down the
Hooks shall be regularly cleaned to in- heating system in the event of failure
sure this contact and areas of contact of the ventilating system.
shall be sharp points or knife edges (4) Alternate use permitted. Auto-
where possible. Points of support of the mobile refinishing spray booths or en-
object shall be concealed from random closures, otherwise installed and main-
spray where feasible and where the obtained in full conformity with this sec-
jects being sprayed are supported from tion, may alternately be used for dry-
a conveyor, the point of attachment to ing with portable electrical infrared
the conveyor shall be so located as to drying apparatus when conforming
not collect spray material during nor- with the following:
mal operation. (i) Interior (especially floors) of

(8) Interlocks. The electrical equip- spray enclosures shall be kept free of
ment shall be so interlocked with the overspray deposits.
296
(ii) During spray operations, the dry- (l) Powder coating—(1) Electrical and
ing apparatus and electrical connec- other sources of ignition. Electrical
tions and wiring thereto shall not be equipment and other sources of igni-
located within spray enclosure nor in tion shall conform to the requirements
any other location where spray resi- of paragraphs (c)(1) (i)–(iv), (8) and (9)(i)
dues may be deposited thereon. of this section and subpart S of this
(iii) The spraying apparatus, the dry- part.
ing apparatus, and the ventilating sys- (2) Ventilation. (i) In addition to the
tem of the spray enclosure shall be provisions of paragraph (d) of this sec-
equipped with suitable interlocks so ar- tion, where applicable, exhaust ventila-
ranged that: tion shall be sufficient to maintain the
(a) The spraying apparatus cannot be atmosphere below the lowest explosive
operated while the drying apparatus is limits for the materials being applied.
inside the spray enclosure. All nondeposited air-suspended powders
(b) The spray enclosure will be shall be safely removed via exhaust
purged of spray vapors for a period of ducts to the powder recovery cyclone
not less than 3 minutes before the dry- or receptacle. Each installation shall
ing apparatus can be energized. be designed and operated to meet the
(c) The ventilating system will main- foregoing performance specification.
tain a safe atmosphere within the en- (ii) Powders shall not be released to
closure during the drying process and the outside atmosphere.
the drying apparatus will automati- (3) Drying, curing, or fusion equipment.
cally shut off in the event of failure of The provisions of the Standard for
the ventilating system. ovens and furnaces, NFPA No. 86A–1969
(iv) All electrical wiring and equip- shall apply where applicable.
ment of the drying apparatus shall con- (4) Operation and maintenance. (i) All
form with the applicable sections of areas shall be kept free of the accumu-
subpart S of this part. Only equipment lation of powder coating dusts, particu-
of a type approved for Class I, Division larly such horizontal surfaces as
2 hazardous locations shall be located ledges, beams, pipes, hoods, booths, and
within 18 inches of floor level. All me- floors.
tallic parts of the drying apparatus (ii) Surfaces shall be cleaned in such
shall be properly electrically bonded manner as to avoid scattering dust to
and grounded. other places or creating dust clouds.
(v) The drying apparatus shall con- (iii) ‘‘No Smoking’’ signs in large let-
tain a prominently located, perma- ters on contrasting color background
nently attached warning sign indi- shall be conspicuously posted at all
cating that ventilation should be main- powder coating areas and powder stor-
tained during the drying period and age rooms.
that spraying should not be conducted (5) Fixed electrostatic spraying equip-
in the vicinity that spray will deposit ment. The provisions of paragraph (h) of
on apparatus. this section and other subparagraphs of
(k) Automobile undercoating in garages. this paragraph shall apply to fixed
Automobile undercoating spray oper- electrostatic equipment, except that
ations in garages, conducted in areas electrical equipment not covered there-
having adequate natural or mechanical in shall conform to paragraph (l)(1) of
ventilation, are exempt from the re- this section.
quirements pertaining to spray fin- (6) Electrostatic hand spraying equip-
ishing operations, when using under- ment. The provisions of paragraph (i) of
coating materials not more hazardous this section and other subparagraphs of
than kerosene (as listed by Under- this paragraph, shall apply to electro-
writers’ Laboratories in respect to fire static handguns when used in powder
hazard rating 30–40) or undercoating coating, except that electrical equip-
materials using only solvents listed as ment not covered therein shall conform
having a flash point in excess of 100 °F. to paragraph (l)(1) of this section.
Undercoating spray operations not con- (7) Electrostatic fluidized beds. (i) Elec-
forming to these provisions are subject trostatic fluidized beds and associated
to all requirements of this section per- equipment shall be of approved types.
taining to spray finishing operations. The maximum surface temperature of
297
this equipment in the coating area section also covers the application of
shall not exceed 150 °F. The high volt- combustible powders by powder spray
age circuits shall be so designed as to guns, electrostatic powder spray guns,
not produce a spark of sufficient inten- fluidized beds, or electrostatic fluidized
sity to ignite any powder-air mixtures beds. The section does not apply to
nor result in appreciable shock hazard outdoor spray application of buildings,
upon coming in contact with a ground- tanks, or other similar structures, nor
ed object under normal operating con- to small portable spraying apparatus
ditions. not used repeatedly in the same loca-
(ii) Transformers, powerpacks, con- tion.
trol apparatus, and all other electrical
portions of the equipment, with the ex- [39 FR 23502, June 27, 1974, as amended at 45
ception of the charging electrodes and FR 60704, Sept. 12, 1980; 49 FR 5322, Feb. 10,
1984; 53 FR 12121, Apr. 12, 1988; 61 FR 9237,
their connections to the power supply
Mar. 7, 1996; 72 FR 71069, Dec. 14, 2007; 77 FR
shall be located outside of the powder 17776, Mar. 26, 2012]
coating area or shall otherwise con-
form to the requirements of paragraph § 1910.108 [Reserved]
(l)(1) of this section.
(iii) All electrically conductive ob- § 1910.109 Explosives and blasting
jects within the charging influence of agents.
the electrodes shall be adequately (a) Definitions applicable to this sec-
grounded. The powder coating equip- tion—(1) Blasting agent. Blasting
ment shall carry a prominent, perma-
agent—any material or mixture, con-
nently installed warning regarding the
sisting of a fuel and oxidizer, intended
necessity for grounding these objects.
for blasting, not otherwise classified as
(iv) Objects being coated shall be
an explosive and in which none of the
maintained in contact with the con-
ingredients are classified as an explo-
veyor or other support in order to in-
sive, provided that the finished prod-
sure proper grounding. Hangers shall
uct, as mixed and packaged for use or
be regularly cleaned to insure effective
shipment, cannot be detonated by
contact and areas of contact shall be
means of a No. 8 test blasting cap when
sharp points or knife edges where pos-
unconfined.
sible.
(v) The electrical equipment shall be (2) Explosive-actuated power devices.
so interlocked with the ventilation sys- Explosive-actuated power device—any
tem that the equipment cannot be op- tool or special mechanized device
erated unless the ventilation fans are which is actuated by explosives, but
in operation. not including propellant-actuated
(m) Organic peroxides and dual compo- power devices. Examples of explosive-
nent coatings—(1) Conformance. All actuated power devices are jet tappers
spraying operations involving the use and jet perforators.
of organic peroxides and other dual (3) Explosive. Explosive—any chem-
component coatings shall be conducted ical compound, mixture, or device, the
in approved sprinklered spray booths primary or common purpose of which is
meeting the requirements of this sec- to function by explosion, i.e., with sub-
tion. stantially instantaneous release of gas
(2) Smoking. Smoking shall be prohib- and heat, unless such compound, mix-
ited and ‘‘No Smoking’’ signs shall be ture, or device is otherwise specifically
prominently displayed and only non- classified by the U.S. Department of
sparking tools shall be used in any area Transportation; see 49 CFR chapter I.
where organic peroxides are stored, The term ‘‘explosives’’ shall include all
mixed or applied. material which is classified as Class A,
(n) Scope. This section applies to Class B, and Class C explosives by the
flammable and combustible finishing U.S. Department of Transportation,
materials when applied as a spray by and includes, but is not limited to dy-
compressed air, ‘‘airless’’ or ‘‘hydraulic namite, black powder, pellet powders,
atomization,’’ steam, electrostatic initiating explosives, blasting caps,

methods, or by any other means in con- electric blasting caps, safety fuse, fuse
tinuous or intermittent processes. The lighters, fuse igniters, squibs, cordeau
298
detonant fuse, instantaneous fuse, ig- prepared for the purpose of producing
niter cord, igniters, small arms ammu- audible or visible effects which are
nition, small arms ammunition prim- commonly referred to as fireworks.
ers, smokeless propellant, cartridges (11) [Reserved]
for propellant-actuated power devices, (12) Semiconductive hose.
and cartridges for industrial guns. Semiconductive hose—a hose with an
Commercial explosives are those explo- electrical resistance high enough to
sives which are intended to be used in limit flow of stray electric currents to
commercial or industrial operations. safe levels, yet not so high as to pre-
NOTE 1: Classification of explosives is de- vent drainage of static electric charges
scribed by the U.S. Department of Transpor- to ground; hose of not more than 2
tation as follows (see 49 CFR chapter I): megohms resistance over its entire
length and of not less than 5,000 ohms
(i) Class A explosives. Possessing, det-
per foot meets the requirement.
onating, or otherwise maximum haz-
(13) Small arms ammunition. Small
ard; such as dynamite, nitroglycerin,
arms ammunition—any shotgun, rifle,
picric acid, lead azide, fulminate of
pistol, or revolver cartridge, and car-
mercury, black powder, blasting caps,
tridges for propellant-actuated power
and detonating primers.
(ii) Class B explosives. Possessing devices and industrial guns. Military-
flammable hazard, such as propellant type ammunition containing explosive-
explosives (including some smokeless bursting charges, incendiary, tracer,
propellants), photographic flash pow- spotting, or pyrotechnic projectiles is
ders, and some special fireworks. excluded from this definition.
(iii) Class C explosives. Includes cer- (14) Small arms ammunition primers.
tain types of manufactured articles Small arms ammunition primers—
which contain Class A or Class B explo- small percussion-sensitive explosive
sives, or both, as components but in re- charges, encased in a cup, used to ig-
stricted quantities. nite propellant powder.
(iv) Forbidden or not acceptable explo- (15) Smokeless propellants. Smokeless
sives. Explosives which are forbidden or propellants—solid propellants, com-
not acceptable for transportation by monly called smokeless powders in the
common carriers by rail freight, rail trade, used in small arms ammunition,
express, highway, or water in accord- cannon, rockets, propellant-actuated
ance with the regulations of the U.S. power devices, etc.
Department of Transportation, 49 CFR (16) Special industrial explosives de-
chapter I. vices. Special industrial explosives de-
(4) Highway. Highway—any public vices—explosive-actuated power de-
street, public alley, or public road. vices and propellant-actuated power
(5) [Reserved] devices.
(6) Magazine. Magazine—any building (17) Special industrial explosives mate-
or structure, other than an explosives rials. Special industrial explosives ma-
manufacturing building, used for the terials—shaped materials and sheet
storage of explosives. forms and various other extrusions,
(7) Motor vehicle. Motor vehicle—any pellets, and packages of high explo-
self-propelled vehicle, truck, tractor, sives, which include dynamite, tri-
semitrailer, or truck-full trailers used nitrotoluene (TNT), pentaerythritol
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
299
water. Two broad classes of water gels TABLE H–21—AMERICAN TABLE OF DISTANCES
are (i) those which are sensitized by a FOR STORAGE OF EXPLOSIVES 1 5
material classed as an explosive, such [As revised and approved by the Institute of Makers of
Explosives, June 5, 1964]
as TNT or smokeless powder, (ii) those
which contain no ingredient classified Explosives Distances in feet
when storage is
as an explosive; these are sensitized barricaded: Sepa-
with metals such as aluminum or with Pounds over Pounds not over ration of maga-
zines
other fuels. Water gels may be
premixed at an explosives plant or 2 5 6
mixed at the site immediately before 5 10 8
10 20 10
delivery into the borehole. 20 30 11
(19) DOT specifications. Regulations of 30 40 12
40 50 14
the Department of Transportation pub- 50 75 15
lished in 49 CFR chapter I. 75 100 16
(b) Miscellaneous provisions—(1) Gen- 100 125 18
125 150 19
eral hazard. No person shall store, han- 150 200 21
dle, or transport explosives or blasting 200 250 23
agents when such storage, handling, 250 300 24
300 400 27
and transportation of explosives or 400 500 29
blasting agents constitutes an undue 500 600 31
600 700 32
hazard to life. 700 800 33
(2) [Reserved] 800 900 35
(c) Storage of explosives—(1) General 900 1,000 36
1,000 1,200 39
provisions. (i) All Class A, Class B, Class 1,200 1,400 41
C explosives, and special industrial ex- 1,400 1,600 43
plosives, and any newly developed and 1,600 1,800 44
1,800 2,000 45
unclassified explosives, shall be kept in 2,000 2,500 49
magazines which meet the require- 2,500 3,000 52
ments of this paragraph. 3,000 4,000 58
4,000 5,000 61
(ii) Blasting caps, electric blasting 5,000 6,000 65
caps, detonating primers, and primed 6,000 7,000 68
cartridges shall not be stored in the 7,000 8,000 72
8,000 9,000 75
same magazine with other explosives. 9,000 10,000 78
(iii) Ground around magazines shall 10,000 12,000 82
12,000 14,000 87
slope away for drainage. The land sur- 14,000 16,000 90
rounding magazines shall be kept clear 16,000 18,000 94
of brush, dried grass, leaves, and other 18,000 20,000 98
20,000 25,000 105
materials for a distance of at least 25 25,000 30,000 112
feet. 30,000 35,000 119
(iv) Magazines as required by this 35,000 40,000 124
40,000 45,000 129
paragraph shall be of two classes; 45,000 50,000 135
namely, Class I magazines, and Class II 50,000 55,000 140
magazines. 55,000 60,000 145
60,000 65,000 150
(v) Class I magazines shall be re- 65,000 70,000 155
quired where the quantity of explosives 70,000 75,000 160
stored is more than 50 pounds. Class II 75,000 80,000 165
80,000 85,000 170
magazines may be used where the 85,000 90,000 175
quantity of explosives stored is 50 90,000 95,000 180
pounds or less. 95,000 100,000 185
100,000 110,000 195
(vi) Class I magazines shall be lo- 110,000 120,000 205
cated away from other magazines in 120,000 130,000 215
130,000 140,000 225
conformity with Table H–21. 140,000 150,000 235
150,000 160,000 245
160,000 170,000 255

170,000 180,000 265
180,000 190,000 275
190,000 200,000 285
300
TABLE H–21—AMERICAN TABLE OF DISTANCES feet shall be maintained between class

FOR STORAGE OF EXPLOSIVES 1 5—Contin- II magazines and the work in progress
ued when the quantity of explosives kept
[As revised and approved by the Institute of Makers of therein is in excess of 25 pounds, and at
Explosives, June 5, 1964]
least 50 feet when the quantity of ex-
Explosives Distances in feet plosives is 25 pounds, or less.
when storage is (ix) This paragraph (c) does not apply
barricaded: Sepa-
Pounds over Pounds not over ration of maga- to:
zines
(a) Stocks of small arms ammuni-
200,000 210,000 295 tion, propellant-actuated power car-
210,000 230,000 315 tridges, small arms ammunition prim-
230,000 250,000 335 ers in quantities of less than 750,000, or
250,000 275,000 360
275,000 300,000 385 of smokeless propellants in quantities
1 ‘‘Natural barricade’’ means natural features of the ground,
less than 750 pounds;
such as hills, or timber of sufficient density that the sur- (b) Explosive-actuated power devices
rounding exposures which require protection cannot be seen when in quantities less than 50 pounds
from the magazine when the trees are bare of leaves.
2 ‘‘Artificial barricade’’ means an artificial mound or revetted net weight of explosives;
wall of earth of a minimum thickness of three feet. (c) Fuse lighters and fuse igniters;
3 ‘‘Barricaded’’ means that a building containing explosives
is effectually screened from a magazine, building, railway, or (d) Safety fuses other than cordeau
highway, either by a natural barricade, or by an artificial barri-
cade of such height that a straight line from the top of any detonant fuses.
sidewall of the building containing explosives to the eave line (2) Construction of magazines—general.
of any magazine, or building, or to a point 12 feet above the
center of a railway or highway, will pass through such inter- (i) Magazines shall be constructed in
vening natural or artificial barricade. conformity with the provisions of this
4 When two or more storage magazines are located on the
same property, each magazine must comply with the min- paragraph.
imum distances specified from inhabited buildings, railways, (ii) Magazines for the storage of ex-
and highways, and in addition, they should be separated from
each other by not less than the distances shown for ‘‘Separa- plosives, other than black powder,
tion of Magazines,’’ except that the quantity of explosives con- Class B and Class C explosives shall be
tained in cap magazines shall govern in regard to the spacing
of said cap magazines from magazines containing other ex- bullet resistant, weather resistant, fire
plosives. If any two or more magazines are separated from
each other by less than the specified ‘‘Separation of Maga- resistant, and ventilated sufficiently to
zines’’ distances, then such two or more magazines, as a protect the explosive in the specific lo-
group, must be considered as one magazine, and the total
quantity of explosives stored in such group must be treated as cality. Magazines used only for storage
if stored in a single magazine located on the site of any mag- of black powder, Class B and Class C
azine of the group, and must comply with the minimum of dis-
tances specified from other magazines, inhabited buildings, explosives shall be weather resistant,
railways, and highways.
5 This table applies only to the permanent storage of com-
fire-resistant, and have ventilation.
mercial explosives. It is not applicable to transportation of ex- Magazines for storage of blasting and
plosives, or any handling or temporary storage necessary or electric blasting caps shall be weather
incident thereto. It is not intended to apply to bombs, projec-
tiles, or other heavily encased explosives. resistant, fire-resistant, and venti-
lated.
(vii) Except as provided in subdivi-
(iii) Property upon which Class I
sion (viii) of this subparagraph, class II
magazines are located and property
magazines shall be located in con-
where Class II magazines are located
formity with Table H–21, but may be
outside of buildings shall be posted
permitted in warehouses and in whole-
with signs reading ‘‘Explosives—Keep
sale and retail establishments when lo-
cated on a floor which has an entrance Off.’’
at outside grade level and the magazine (iv) Magazines requiring heat shall be
is located not more than 10 feet from heated by either hot-water radiant
such an entrance. Two class II maga- heating with the magazine building; or
zines may be located in the same build- air directed into the magazine building
ing when one is used only for blasting over either hot water or low pressure
caps in quantities not in excess of 5,000 steam (15 p.s.i.g.) coils located outside
caps and a distance of 10 feet is main- the magazine building.
tained between magazines. (v) The magazine heating systems
(viii) When used for temporary stor- shall meet the following requirements:
age at a site for blasting operations, (a) The radiant heating coils within
class II magazines shall be located the building shall be installed in such a

away from other magazines. A distance manner that the explosives or explo-
of at least one hundred and fifty (150) sives containers cannot contact the
301
coils and air is free to circulate be- shall be lined with brick at least 4
tween the coils and the explosives or inches in thickness or shall have at
explosives containers. least a 6-inch sandfill between interior
(b) The heating ducts shall be in- and exterior walls.
stalled in such a manner that the hot- (ii) Floors and roofs of masonry mag-
air discharge from the duct is not di- azines may be of wood construction.
rected against the explosives or explo- Wood floors shall be tongue and
sives containers. grooved lumber having a nominal
(c) The heating device used in con- thickness of 1 inch.
nection with a magazine shall have (iii) Roofs required to be bullet re-
controls which prevent the ambient sistant shall be protected by a sand
building temperature from exceeding tray located at the line of eaves and
130 °F. covering the entire area except that
(d) The electric fan or pump used in necessary for ventilation. Sand in the
the heating system for a magazine sand tray shall be maintained at a
shall be mounted outside and separate depth of not less than 4 inches.
from the wall of the magazine and shall (iv) All wood at the exterior of maga-
be grounded. zines, including eaves, shall be pro-
(e) The electric fan motor and the tected by being covered with black or
controls for electrical heating devices galvanized steel or aluminum metal of
used in heating water or steam shall thickness of not less than No. 26 gage.
have overloads and disconnects, which All nails exposed to the interior of
comply with subpart S of this part. All magazines shall be well countersunk.
electrical switch gear shall be located (v) Foundations for magazines shall
a minimum distance of 25 feet from the be of substantial construction and ar-
magazine. ranged to provide good cross ventila-
(f) The heating source for water or tion.
steam shall be separated from the mag- (vi) Magazines shall be ventilated
azine by a distance of not less than 25 sufficiently to prevent dampness and
feet when electrical and 50 feet when heating of stored explosives. Ven-
fuel fired. The area between the heat- tilating openings shall be screened to
ing unit and the magazine shall be prevent the entrance of sparks.
cleared of all combustible materials. (vii) Openings to magazines shall be
(g) The storage of explosives and ex- restricted to that necessary for the
plosives containers in the magazine placement and removal of stocks of ex-
shall allow uniform air circulation so plosives. Doors for openings in maga-
product temperature uniformity can be zines for Class A explosives shall be
maintained. bullet resistant. Doors for magazines
(vi) When lights are necessary inside not required to be bullet resistant shall
the magazine, electric safety flash- be designed to prevent unauthorized
light, or electric safety lanterns shall entrance to the magazine.
be used. (viii) [Reserved]
(3) Construction of Class I magazines. (ix) Provisions shall be made to pre-
(i) Class I magazines shall be of ma- vent the piling of stocks of explosives
sonry construction or of wood or of directly against masonry walls, brick-
metal construction, or a combination lined or sand-filled metal walls and sin-
of these types. Thickness of masonry gle-thickness metal walls; such protec-
units shall not be less than 8 inches. tion, however, shall not interfere with
Hollow masonry units used in con- proper ventilation at the interior of
struction required to be bullet resist- side and end walls.
ant shall have all hollow spaces filled (4) Construction of Class II magazines.
with weak cement or well-tamped sand. (i) Class II magazines shall be of wood
Wood constructed walls, required to be or metal construction, or a combina-
bullet resistant, shall have at least a 6- tion thereof.
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
302
metal of not less than No. 20 gage. All commodity except explosives, but this
nails exposed to the interior of the restriction shall not apply to the stor-
magazine shall be well countersunk. age of blasting agents and blasting sup-
All metal magazines of this class shall plies.
have sides, bottom, and cover con- (iv) Magazine floors shall be regu-
structed of sheet metal, and shall be larly swept, kept clean, dry, free of
lined with three-eighths-inch plywood grit, paper, empty used packages, and
or equivalent. Edges of metal covers rubbish. Brooms and other cleaning
shall overlap sides at least 1 inch. utensils shall not have any spark-pro-
(iii) Covers for both wood- and metal- ducing metal parts. Sweepings from
constructed magazines of this class
floors of magazines shall be properly
shall be provided with substantial
disposed of. Magazine floors stained
strap hinges and shall be provided with
substantial means for locking. with nitroglycerin shall be cleaned ac-
(iv) Magazines of this class shall be cording to instructions by the manu-
painted red and shall bear lettering in facturer.
white, on all sides and top, at least 3 (v) When any explosive has deterio-
inches high, ‘‘Explosives—Keep Fire rated to an extent that it is in an un-
Away.’’ Class II magazines when lo- stable or dangerous condition, or if ni-
cated in warehouses, and in wholesale troglycerin leaks from any explosives,
and retail establishments shall be pro- then the person in possession of such
vided with substantial wheels or cast- explosive shall immediately proceed to
ers to facilitate easy removal in the destroy such explosive in accordance
case of fire. Where necessary due to cli- with the instructions of the manufac-
matic conditions, Class II magazines turer. Only experienced persons shall
shall be ventilated. be allowed to do the work of destroying
(5) Storage within magazines. (i) Pack- explosives.
ages of explosives shall be laid flat (vi) When magazines need inside re-
with top side up. Black powder when pairs, all explosives shall be removed
stored in magazines with other explo- therefrom and the floors cleaned. In
sives shall be stored separately. Black making outside repairs, if there is a
powder stored in kegs shall be stored
possibility of causing sparks or fire the
on ends, bungs down, or on side, seams
explosives shall be removed from the
down. Corresponding grades and brands
magazine. Explosives removed from a
shall be stored together in such a man-
ner that brands and grade marks show. magazine under repair shall either be
All stocks shall be stored so as to be placed in another magazine or placed a
easily counted and checked. Packages safe distance from the magazine where
of explosives shall be piled in a stable they shall be properly guarded and pro-
manner. When any kind of explosive is tected until repairs have been com-
removed from a magazine for use, the pleted, when they shall be returned to
oldest explosive of that particular kind the magazine.
shall always be taken first. (vii) Smoking, matches, open flames,
(ii) Packages of explosives shall not spark-producing devices, and firearms
be unpacked or repacked in a magazine (except firearms carried by guards)
nor within 50 feet of a magazine or in shall not be permitted inside of or
close proximity to other explosives. within 50 feet of magazines. The land
Tools used for opening packages of ex- surrounding a magazine shall be kept
plosives shall be constructed of non- clear of all combustible materials for a
sparking materials, except that metal distance of at least 25 feet. Combus-
slitters may be used for opening fiber- tible materials shall not be stored
board boxes. A wood wedge and a fiber, within 50 feet of magazines.
rubber, or wood mallet shall be used for (viii) Magazines shall be in the
opening or closing wood packages of
charge of a competent person at all
explosives. Opened packages of explo-
times and who shall be held responsible
sives shall be securely closed before
being returned to a magazine. for the enforcement of all safety pre-

(iii) Magazines shall not be used for cautions.
the storage of any metal tools nor any
303
(ix) Explosives recovered from blast- (ii) Every vehicle used for trans-
ing misfires shall be placed in a sepa- porting explosives and oxidizing mate-
rate magazine until competent per- rials listed in paragraph (d)(2)(ii)(a) of
sonnel has determined from the manu- this section shall be marked as follows:
facturer the method of disposal. Caps (a) Exterior markings or placards re-
recovered from blasting misfires shall quired on applicable vehicles shall be
not be reused. Such explosives and caps as follows for the various classes of
shall then be disposed of in the manner commodities:
recommended by the manufacturer.
Type of marking or
(d) Transportation of explosives—(1) Commodity placard
General provisions. (i) No employee
shall be allowed to smoke, carry Explosives, Class A, any quantity Explosives A (Red letters
or a combination of Class A on white background).
matches or any other flame-producing and Class B explosives.
device, or carry any firearms or loaded Explosives, Class B, and quantity Explosives B (Red letters
cartridges while in or near a motor ve- on white background).
hicle transporting explosives; or drive, Oxidizing material (blasting Oxidizers (Yellow letters
agents, ammonium nitrate, on black background).
load, or unload such vehicle in a care- etc.), 1,000 pounds or more
less or reckless manner. gross weight.
(ii) [Reserved]
(iii) Explosives shall not be trans- (b) [Reserved]
ferred from one vehicle to another (c) Such markings or placards shall
within the confines of any jurisdiction be displayed at the front, rear, and on
(city, county, State, or other area) each side of the motor vehicle or trail-
without informing the fire and police er, or other cargo carrying body while
departments thereof. In the event of it contains explosives or other dan-
breakdown or collision the local fire gerous articles of such type and in such
and police departments shall be quantity as specified in paragraph
promptly notified to help safeguard (d)(1)(ii)(a) of this subdivision. The
such emergencies. Explosives shall be front marking or placard may be dis-
transferred from the disabled vehicle played on the front of either the truck,
to another only, when proper and truck body, truck tractor or the trail-
qualified supervision is provided. er.
(iv) Blasting caps or electric blasting (d) Any motor vehicle, trailer, or
caps shall not be transported over the other cargo-carrying body containing
highways on the same vehicles with more than one kind of explosive as well
other explosives, unless packaged, seg- as an oxidizing material requiring a
regated, and transported in accordance placard under the provisions of para-
with the Department of Transpor- graph (d)(2)(ii)(a), the aggregate gross
tation’s Hazardous Materials Regula- weight of which totals 1,000 pounds or
tions (49 CFR parts 177–180). more, shall be marked or placarded
(2) Transportation vehicles. (i) Vehicles ‘‘Dangerous’’ as well as ‘‘Explosive A’’
used for transporting explosives shall or ‘‘Explosive B’’ as appropriate. If ex-
be strong enough to carry the load plosives Class A and explosives Class B
without difficulty and be in good me- are loaded on the same vehicle, the
chanical condition. If vehicles do not ‘‘Explosives B’’ marking need not be
have a closed body, the body shall be displayed.
covered with a flameproof and mois- (e) In any combination of two or
tureproof tarpaulin or other effective more vehicles containing explosives or
protection against moisture and other dangerous articles each vehicle
sparks. All vehicles used for the trans- shall be marked or placarded as to its
portation of explosives shall have tight contents and in accordance with para-
floors and any exposed spark-producing graphs (d)(2)(ii) (a) and (c) of this sub-
metal on the inside of the body shall be division.
covered with wood or other non- (iii) Each motor vehicle used for
sparking materials to prevent contact transporting explosives shall be
with packages of explosives. Packages equipped with a minimum of two extin-

of explosives shall not be loaded above guishers, each having a rating of at
the sides of an open-body vehicle. least 10–BC.
304
(a) Only extinguishers listed or ap- those dangers. He shall have been made
proved by a nationally recognized test- familiar with the vehicle he is as-
ing laboratory shall be deemed suitable signed, and shall be trained, supplied
for use on explosives-carrying vehicles. with the necessary means, and author-
Refer to § 1910.155(c)(3)(iv)(A) for defini- ized to move the vehicle when required.
tion of listed, and § 1910.7 for nationally (a) For the purpose of this subdivi-
recognized testing laboratory. sion, a motor vehicle shall be deemed
(b) Extinguishers shall be filled and ‘‘attended’’ only when the driver or
ready for immediate use and located other attendant is physically on or in
near the driver’s seat. Extinguishers the vehicle, or has the vehicle within
shall be examined periodically by a his field of vision and can reach it
competent person. quickly and without any kind of inter-
(iv) A motor vehicle used for trans- ference ‘‘attended’’ also means that the
porting explosives shall be given the driver or attendant is awake, alert, and
following inspection to determine that not engaged in other duties or activi-
it is in proper condition for safe trans- ties which may divert his attention
portation of explosives: from the vehicle, except for necessary
(a) Fire extinguishers shall be filled communication with public officers, or
and in working order. representatives of the carrier shipper,
(b) All electrical wiring shall be com- or consignee, or except for necessary
pletely protected and securely fastened absence from the vehicle to obtain food
to prevent short-circuiting. or to provide for his physical comfort.
(c) Chassis, motor, pan, and underside (b) However, an explosive-laden vehi-
of body shall be reasonably clean and cle may be left unattended if parked
free of excess oil and grease. within a securely fenced or walled area
(d) Fuel tank and feedline shall be se- with all gates or entrances locked
cure and have no leaks. where parking of such vehicle is other-
(e) Brakes, lights, horn, windshield
wise permissible, or at a magazine site
wipers, and steering apparatus shall
established solely for the purpose of
function properly.
storing explosives.
(f) Tires shall be checked for proper
inflation and defects. (iv) No spark-producing metal, spark-
(g) The vehicle shall be in proper con- producing metal tools, oils, matches,
dition in every other respect and ac- firearms, electric storage batteries,
ceptable for handling explosives. flammable substances, acids, oxidizing
(3) Operation of transportation vehicles. materials, or corrosive compounds
(i) Vehicles transporting explosives shall be carried in the body of any
shall only be driven by and be in the motor truck and/or vehicle trans-
charge of a driver who is familiar with porting explosives, unless the loading
the traffic regulations, State laws, and of such dangerous articles and the ex-
the provisions of this section. plosives comply with U.S. Department
(ii) Except under emergency condi- of Transportation regulations.
tions, no vehicle transporting explo- (v) Vehicles transporting explosives
sives shall be parked before reaching shall avoid congested areas and heavy
its destination, even though attended, traffic. Where routes through con-
on any public street adjacent to or in gested areas have been designated by
proximity to any place where people local authorities such routes shall be
work. followed.
(iii) Every motor vehicle trans- (vi) Delivery shall only be made to
porting any quantity of Class A or authorized persons and into authorized
Class B explosives shall, at all times, magazines or authorized temporary
be attended by a driver or other at- storage or handling areas.
tendant of the motor carrier. This at- (e) Use of explosives and blasting
tendant shall have been made aware of agents—(1) General provisions. (i) While
the class of the explosive material in explosives are being handled or used,
the vehicle and of its inherent dangers, smoking shall not be permitted and no
and shall have been instructed in the one near the explosives shall possess
measures and procedures to be followed matches, open light or other fire or
in order to protect the public from flame. No person shall be allowed to
305
handle explosives while under the in- or wooden cases, no sparking metal
fluence of intoxicating liquors, nar- tools shall be used; wooden wedges and
cotics, or other dangerous drugs. either wood, fiber or rubber mallets
(ii) Original containers or Class II shall be used. Nonsparking metallic
magazines shall be used for taking det- slitters may be used for opening fiber-
onators and other explosives from stor- board cases.
age magazines to the blasting area. (iii) Explosives or blasting equipment
(iii) When blasting is done in con- that are obviously deteriorated or dam-
gested areas or in close proximity to a aged shall not be used.
structure, or any other installation (iv) No explosives shall be abandoned.
that may be damaged, the blast shall (3) Loading of explosives in blast holes.
be covered before firing with a mat (i) All drill holes shall be sufficiently
constructed so that it is capable of pre- large to admit freely the insertion of
venting fragments from being thrown. the cartridges of explosives.
(iv) Persons authorized to prepare ex- (ii) Tamping shall be done only with
plosive charges or conduct blasting op- wood rods without exposed metal parts,
erations shall use every reasonable pre- but nonsparking metal connectors may
caution, including but not limited to be used for jointed poles. Violent tamp-
warning signals, flags, barricades, or ing shall be avoided. Primed cartridges
woven wire mats to insure the safety of shall not be tamped.
the general public and workmen. (iii) When loading blasting agents
(v) Blasting operations shall be con- pneumatically over electric blasting
ducted during daylight hours. caps, semiconductive delivery hose
(vi) Whenever blasting is being con- shall be used and the equipment shall
ducted in the vicinity of gas, electric, be bonded and grounded.
water, fire alarm, telephone, telegraph, (iv) No holes shall be loaded except
and steam utilities, the blaster shall those to be fired in the next round of
notify the appropriate representatives blasting. After loading, all remaining
of such utilities at least 24 hours in ad- explosives shall be immediately re-
vance of blasting, specifying the loca- turned to an authorized magazine.
tion and intended time of such blast- (v) Drilling shall not be started until
ing. Verbal notice shall be confirmed all remaining butts of old holes are ex-
with written notice. amined with a wooden stick for
(vii) Due precautions shall be taken unexploded charges, and if any are
to prevent accidental discharge of elec- found, they shall be refired before work
tric blasting caps from current induced proceeds.
by radar, radio transmitters, lightning, (vi) No person shall be allowed to
adjacent powerlines, dust storms, or deepen drill holes which have con-
other sources of extraneous electricity. tained explosives.
These precautions shall include: (vii) After loading for a blast is com-
(a) The suspension of all blasting op- pleted, all excess blasting caps or elec-
erations and removal of persons from tric blasting caps and other explosives
the blasting area during the approach shall immediately be returned to their
and progress of an electric storm. separate storage magazines.
(b) The posting of signs warning (4) Initiation of explosive charges.
against the use of mobile radio trans- (i) [Reserved]
mitters on all roads within 350 feet of (ii) When fuse is used, the blasting
the blasting operations. cap shall be securely attached to the
(2) Storage at use sites. (i) Empty con- safety fuse with a standard-ring type
tainers and paper and fiber packing cap crimper. All primers shall be as-
materials which have previously con- sembled at least 50 feet from any maga-
tained explosive materials shall be dis- zine.
posed of in a safe manner, or reused in (iii) Primers shall be made up only as
accordance with the Department of required for each round of blasting.
Transportation’s Hazardous Materials (iv) No blasting cap shall be inserted
Regulations (49 CFR parts 177–180). in the explosives without first making
(ii) Containers of explosives shall not a hole in the cartridge for the cap with
be opened in any magazine or within 50 a wooden punch of proper size or stand-
feet of any magazine. In opening kegs ard cap crimper.
306
(v) Explosives shall not be extracted state commerce, shall have attached to
from a hole that has once been charged both sides and ends of the car, cards
or has misfired unless it is impossible with the words ‘‘Explosives—Handle
to detonate the unexploded charge by Carefully—Keep Fire Away’’ in red let-
insertion of a fresh additional primer. ters at least 11⁄2 inches high on a white
(vi) If there are any misfires while background.
using cap and fuse, all persons shall be (4) Storage. Any explosives at a rail-
required to remain away from the way facility, truck terminal, pier,
charge for at least 1 hour. If electric wharf harbor facility, or airport ter-
blasting caps are used and a misfire oc- minal whether for delivery to a con-
curs, this waiting period may be re- signee, or forwarded to some other des-
duced to 30 minutes. Misfires shall be tination shall be kept in a safe place,
handled under the direction of the per- isolated as far as practicable and in
son in charge of the blasting and all such manner that they can be easily
wires shall be carefully traced and and quickly removed.
search made for unexploded charges. (5) Hours of transfer. Explosives shall
(vii) Blasters, when testing circuits not be delivered to or received from
to charged holes, shall use only blast- any railway station, truck terminal,
ing galvanometers designed for this pier, wharf, harbor facility, or airport
purpose. terminal between the hours of sunset
(viii) Only the employee making and sunrise.
leading wire connections in electrical (g) Blasting agents—(1) General. Unless
firing shall be allowed to fire the shot. otherwise set forth in this paragraph,
Leading wires shall remain shorted and blasting agents, excluding water gels,
not be connected to the blasting ma- shall be transported, stored, and used
chine or other source of current until in the same manner as explosives.
the charge is to be fired. Water gels are covered in paragraph (h)
(5) Warning required. Before a blast is of this section.
fired, the employer shall require that a (2) Fixed location mixing. (i) [Re-
loud warning signal be given by the served]
person in charge, who has made certain (ii) Buildings used for the mixing of
that all surplus explosives are in a safe blasting agents shall conform to the re-
place, all persons and vehicles are at a quirements of this section.
safe distance or under sufficient cover, (a) Buildings shall be of noncombus-
and that an adequate warning has been tible construction or sheet metal on
given. wood studs.
(f) Explosives at piers, railway stations, (b) Floors in a mixing plant shall be
and cars or vessels not otherwise specified of concrete or of other nonabsorbent
in this standard—(1) Railway cars. Ex- materials.
cept in an emergency and with permis- (c) All fuel oil storage facilities shall
sion of the local authority, no person be separated from the mixing plant and
shall have or keep explosives in a rail- located in such a manner that in case
way car unless said car and contents of tank rupture, the oil will drain away
and methods of loading are in accord- from the mixing plant building.
ance with the U.S. Department of (d) The building shall be well venti-
Transportation Regulations for the lated.
Transportation of Explosives, 49 CFR (e) Heating units which do not depend
chapter I. on combustion processes, when prop-
(2) Packing and marking. No person erly designed and located, may be used
shall deliver any explosive to any car- in the building. All direct sources of
rier unless such explosive conforms in heat shall be provided exclusively from
all respects, including marking and units located outside the mixing build-
packing, to the U.S. Department of ing.
Transportation Regulations for the (f) All internal-combustion engines
Transportation of Explosives. used for electric power generation shall
(3) Marking cars. Every railway car be located outside the mixing plant
containing explosives which has building, or shall be properly venti-

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
307
be located so any spark emission can- shall be electrically bonded and be pro-
not be a hazard to any materials in or vided with a continuous path to the
adjacent to the plant. ground.
(iii) Equipment used for mixing (vi) Safety precautions at mixing
blasting agents shall conform to the re- plants shall include the requirements
quirements of this subdivision. of this subdivision.
(a) The design of the mixer shall min- (a) Floors shall be constructed so as
imize the possibility of frictional heat- to eliminate floor drains and piping
ing, compaction, and especially con- into which molten materials could flow
finement. All bearings and drive as- and be confined in case of fire.
semblies shall be mounted outside the (b) The floors and equipment of the
mixer and protected against the accu- mixing and packaging room shall be
mulation of dust. All surfaces shall be cleaned regularly and thoroughly to
accessible for cleaning. prevent accumulation of oxidizers or
(b) Mixing and packaging equipment fuels and other sensitizers.
shall be constructed of materials com- (c) The entire mixing and packaging
patible with the fuel-ammonium ni- plant shall be cleaned regularly and
trate composition. thoroughly to prevent excessive accu-
(c) Suitable means shall be provided mulation of dust.
to prevent the flow of fuel oil to the (d) Smoking, matches, open flames,
mixer in case of fire. In gravity flow spark-producing devices, and firearms
systems an automatic spring-loaded (except firearms carried by guards)
shutoff valve with fusible link shall be shall not be permitted inside of or
installed. within 50 feet of any building or facil-
(iv) The provisions of this subdivision ity used for the mixing of blasting
shall be considered when determining agents.
blasting agent compositions.
(e) The land surrounding the mixing
(a) The sensitivity of the blasting
plant shall be kept clear of brush, dried
agent shall be determined by means of
grass, leaves, and other materials for a
a No. 8 test blasting cap at regular in-
distance of at least 25 feet.
tervals and after every change in for-
mulation. (f) Empty ammonium nitrate bags
(b) Oxidizers of small particle size, shall be disposed of daily in a safe man-
such as crushed ammonium nitrate ner.
prills or fines, may be more sensitive (g) No welding shall be permitted or
than coarser products and shall, there- open flames used in or around the mix-
fore, be handled with greater care. ing or storage area of the plant unless
(c) No hydrocarbon liquid fuel with the equipment or area has been com-
flashpoint lower than that of No. 2 die- pletely washed down and all oxidizer
sel fuel oil 125 °F. minimum shall be material removed.
used. (h) Before welding or repairs to hol-
(d) Crude oil and crankcase oil shall low shafts, all oxidizer material shall
not be used. be removed from the outside and inside
(e) Metal powders such as aluminum of the shaft and the shaft vented with
shall be kept dry and shall be stored in a minimum one-half inch diameter
containers or bins which are moisture- opening.
resistant or weathertight. Solid fuels (i) Explosives shall not be permitted
shall be used in such manner as to min- inside of or within 50 feet of any build-
imize dust explosion hazards. ing or facility used for the mixing of
(f) Peroxides and chlorates shall not blasting agents.
be used. (3) Bulk delivery and mixing vehicles.
(v) All electrical switches, controls, (i) The provisions of this paragraph
motors, and lights located in the mix- shall apply to off-highway private oper-
ing room shall conform to the require- ations as well as to all public highway
ments in subpart S of this part for movements.
Class II, Division 2 locations; otherwise (ii) A bulk vehicle body for delivering
they shall be located outside the mix- and mixing blasting agents shall con-
ing room. The frame of the mixer and form with the requirements of this
all other equipment that may be used paragraph (ii).
308
(a) The body shall be constructed of (iv) Pneumatic loading from bulk de-
noncombustible materials. livery vehicles into blastholes primed
(b) Vehicles used to transport bulk with electric blasting caps or other
premixed blasting agents on public static-sensitive systems shall conform
highways shall have closed bodies. to the requirements of this subdivision.
(c) All moving parts of the mixing (a) A positive grounding device shall
system shall be designed as to prevent be used to prevent the accumulation of
a heat buildup. Shafts or axles which static electricity.
contact the product shall have out- (b) A discharge hose shall be used
board bearings with 1-inch minimum that has a resistance range that will
clearance between the bearings and the prevent conducting stray currents, but
outside of the product container. Par- that is conductive enough to bleed off
ticular attention shall be given to the static buildup.
clearances on all moving parts. (c) A qualified person shall evaluate
(d) A bulk delivery vehicle shall be all systems to determine if they will
strong enough to carry the load with- adequately dissipate static under po-
out difficulty and be in good mechan- tential field conditions.
ical condition. (v) Repairs to bulk delivery vehicles
shall conform to the requirements of
(iii) Operation of bulk delivery vehi-
this section.
cles shall conform to the requirements
(a) No welding or open flames shall
of this subdivision. These include the
be used on or around any part of the
placarding requirements as specified by
delivery equipment unless it has been
Department of Transportation.
completely washed down and all oxi-
(a) The operator shall be trained in dizer material removed.
the safe operation of the vehicle to- (b) Before welding or making repairs
gether with its mixing, conveying, and to hollow shafts, the shaft shall be
related equipment. The employer shall thoroughly cleaned inside and out and
assure that the operator is familiar vented with a minimum one-half-inch
with the commodities being delivered diameter opening.
and the general procedure for handling (4) Bulk storage bins. (i) The bin, in-
emergency situations. cluding supports, shall be constructed
(b) The hauling of either blasting of compatible materials, waterproof,
caps or other explosives but not both, and adequately supported and braced
shall be permitted on bulk trucks pro- to withstand the combination of all
vided that a special wood or non- loads including impact forces arising
ferrous-lined container is installed for from product movement within the bin
the explosives. Such blasting caps or and accidental vehicle contact with the
other explosives shall be in DOT-speci- support legs.
fied shipping containers: see 49 CFR (ii) The bin discharge gate shall be
chapter I. designed to provide a closure tight
(c) No person shall smoke, carry enough to prevent leakage of the
matches or any flame-producing de- stored product. Provision shall also be
vice, or carry any firearms while in or made so that the gate can be locked.
about bulk vehicles effecting the mix- (iii) Bin loading manways or access
ing transfer or down-the-hole loading hatches shall be hinged or otherwise
of blasting agents at or near the blast- attached to the bin and be designed to
ing site. permit locking.
(d) Caution shall be exercised in the (iv) Any electrically driven con-
movement of the vehicle in the blast- veyors for loading or unloading bins
ing area to avoid driving the vehicle shall conform to the requirements of
over or dragging hoses over firing lines, subpart S of this part. They shall be
cap wires, or explosive materials. The designed to minimize damage from cor-
employer shall assure that the driver, rosion.
in moving the vehicle, has assistance of (v) Bins containing blasting agent
a second person to guide his move- shall be located, with respect to inhab-
ments. ited buildings, passenger railroads, and

(e) No intransit mixing of materials public highways, in accordance with
shall be performed. Table-21 and separation from other
309
3 The distances in the table apply to ammonium nitrate that
blasting agent storage and explosives passes the insensitivity test prescribed in the definition of am-
storage shall be in conformity with monium nitrate fertilizer promulgated by the National Plant
Table H–22. Food Institute*; and ammonium nitrate failing to pass said test
shall be stored at separation distances determined by com-
(vi) Bins containing ammonium ni- petent persons. (*Definition and Test Procedures for Ammo-
nium Nitrate Fertilizer, National Plant Food Institute, Novem-
trate shall be separated from blasting ber 1964.)
agent storage and explosives storage in 4 These distances apply to nitro-carbo-nitrates and blasting
agents which pass the insensitivity test prescribed in the U.S.
conformity with Table H–22. Department of Transportation (DOT) regulations.
5 Earth, or sand dikes, or enclosures filled with the pre-
TABLE H–22—TABLE OF RECOMMENDED SEPA- scribed minimum thickness of earth or sand are acceptable
artificial barricades. Natural barricades, such as hills or timber
RATION DISTANCES OF AMMONIUM NITRATE of sufficient density that the surrounding exposures which re-
AND BLASTING AGENTS FROM EXPLOSIVES OR quire protection cannot be seen from the ‘‘donor’’ when the
trees are bare of leaves, are also acceptable.
BLASTING AGENTS 1 6 6 When the ammonium nitrate must be counted in deter-
mining the distances to be maintained from inhabited build-
Donor weight Minimum separation ings, passenger railways and public highways, it may be
Minimum counted at one-half its actual weight because its blast effect is
distance of receptor thickness lower.
when barricaded 2 (ft.) of artificial NOTE 7: Guide to use of table of recommended separation
Pounds Pounds barri- distances of ammonium nitrate and blasting agents from ex-
Ammo-
over not over Blasting cades 5 plosives or blasting agents.
nium ni- agent 4 (in.)
trate 3 (a) Sketch location of all potential donor and acceptor mate-
rials together with the maximum mass of material to be al-
100 3 11 12 lowed in that vicinity. (Potential donors are high explosives,
blasting agents, and combination of masses of detonating ma-
100 300 4 14 12 terials. Potential acceptors are high explosives, blasting
300 600 5 18 12 agents, and ammonium nitrate.)
600 1,000 6 22 12 (b) Consider separately each donor mass in combination
1,000 1,600 7 25 12 with each acceptor mass. If the masses are closer than table
allowance (distances measured between nearest edges), the
1,600 2,000 8 29 12 combination of masses becomes a new potential donor of
2,000 3,000 9 32 15 weight equal to the total mass. When individual masses are
3,000 4,000 10 36 15 considered as donors, distances to potential acceptors shall
be measured between edges. When combined masses within
4,000 6,000 11 40 15 propagating distance of each other are considered as a
6,000 8,000 12 43 20 donor, the appropriate distance to the edge of potential ac-
8,000 10,000 13 47 20 ceptors shall be computed as a weighted distance from the
combined masses.
10,000 12,000 14 50 20
Calculation of weighted distance from combined masses:
12,000 16,000 15 54 25 Let M2, M3 . . . Mn be donor masses to be combined.
16,000 20,000 16 58 25 M1 is a potential acceptor mass.
20,000 25,000 18 65 25 D12 is distance from M1 to M2 (edge to edge).
25,000 30,000 19 68 30 D13 is distance from M1 to M3 (edge to edge), etc.
30,000 35,000 20 72 30 To find weighted distance [D1(2,3 . . . n)] from combined
35,000 40,000 21 76 30 masses to M1, add the products of the individual masses and
distances and divide the total by the sum of the masses thus:
40,000 45,000 22 79 35
45,000 50,000 23 83 35 D1(2, 3 . . . n)=M2 × D12 + M3 × D12 . . . + Mn × D12M2 +
M3 . . . + Mn
50,000 55,000 24 86 35
Propagation is possible if either an individual donor mass is
55,000 60,000 25 90 35 less than the tabulated distance from an acceptor or a com-
60,000 70,000 26 94 40 bined mass is less than the weighted distance from an accep-
70,000 80,000 28 101 40 tor.
80,000 90,000 30 108 40 (c) In determining the distances separating highways, rail-
roads, and inhabited buildings from potential explosions (as
90,000 100,000 32 115 40 prescribed in Table H–21), the sum of all masses which may
100,000 120,000 34 122 50 propagate (i.e., lie at distances less than prescribed in the
120,000 140,000 37 133 50 Table) from either individual or combined donor masses are
included. However, when the ammonium nitrate must be in-
140,000 160,000 40 144 50 cluded, only 50 percent of its weight shall be used because of
160,000 180,000 44 158 50 its reduced blast effects. In applying Table H–21 to distances
180,000 200,000 48 173 50 from highways, railroads, and inhabited buildings, distances
200,000 220,000 52 187 60 are measured from the nearest edge of potentially explodable
material as prescribed in Table H–21, Note 5.
220,000 250,000 56 202 60 (d) When all or part of a potential acceptor comprises Ex-
250,000 275,000 60 216 60 plosives Class A as defined in DOT regulations, storage in
275,000 300,000 64 230 60 bullet-resistant magazines is required. Safe distances to
stores in bullet-resistant magazines may be obtained from the
1 These distances apply to the separation of stores only. intermagazine distances prescribed in Table H–21.
Table H–21 shall be used in determining separation distances (e) Barricades must not have line-of-sight openings be-
from inhabited buildings, passenger railways, and public high- tween potential donors and acceptors which permit blast or
ways. missiles to move directly between masses.
2 When the ammonium nitrate and/or blasting agent is not (f) Good housekeeping practices shall be maintained
barricaded, the distances shown in the table shall be multi- around any bin containing ammonium nitrate or blasting
plied by six. These distances allow for the possibility of high agent. This includes keeping weeds and other combustible
velocity metal fragments from mixers, hoppers, truck bodies, materials cleared within 25 feet of such bin. Accumulation of
sheet metal structures, metal container, and the like which spilled product on the ground shall be prevented.
may enclose the ‘‘donor’’. Where storage is in bullet-resistant
magazines recommended for explosives or where the storage (5) Storage of blasting agents and sup-
is protected by a bullet-resistant wall, distances, and barricade
thicknesses in excess of those prescribed in Table H–21 are plies. (i) Blasting agents and oxidizers
not required. used for mixing of blasting agents shall
310
be stored in the manner set forth in are prohibited inside of or within 50

this subdivision. feet of any warehouse used for the stor-
(a) Blasting agents or ammonium ni- age of blasting agents. Combustible
trate, when stored in conjunction with materials shall not be stored within 50
explosives, shall be stored in the man- feet of warehouses used for the storage
ner set forth in paragraph (c) of this of blasting agents.
section for explosives. The mass of (iv) The interior of warehouses used
blasting agents and one-half the mass for the storage of blasting agents shall
of ammonium nitrate shall be included be kept clean and free from debris and
when computing the total quantity of empty containers. Spilled materials
explosives for determining distance re- shall be cleaned up promptly and safely
quirements. removed. Combustible materials, flam-
(b) Blasting agents, when stored en- mable liquids, corrosive acids, chlor-
tirely separate from explosives, may be ates, or nitrates shall not be stored in
stored in the manner set forth in para- any warehouse used for blasting agents
graph (c) of this section or in one-story unless separated therefrom by a fire re-
warehouses (without basements) which sistive separation of not less than 1
shall be: hour resistance. The provisions of this
(1) Noncombustible or fire resistive; subdivision shall not prohibit the stor-
(2) Constructed so as to eliminate age of blasting agents together with
open floor drains and piping into which nonexplosive blasting supplies.
molten materials could flow and be (v) Piles of ammonium nitrate and
confined in case of fire; warehouses containing ammonium ni-
(3) Weather resistant; trate shall be adequately separated
(4) Well ventilated; and from readily combustible fuels.
(5) Equipped with a strong door kept (vi) Caked oxidizers, either in bags or
securely locked except when open for in bulk, shall not be loosened by blast-
business. ing.
(c) Semitrailer or full-trailer vans (vii) Every warehouse used for the
used for highway or onsite transpor- storage of blasting agents shall be
tation of the blasting agents are satis- under the supervision of a competent
factory for temporarily storing these person.
materials, provided they are located in (6) Transportation of packaged blasting
accordance with Table H–22 with re- agents. (i) When blasting agents are
spect to one another. Trailers shall be transported in the same vehicle with
provided with substantial means for explosives, all of the requirements of
locking, and the trailer doors shall be paragraph (d) of this section shall be
kept locked, except during the time of complied with.
placement and removal of stocks of (ii) Vehicles transporting blasting
blasting agents. agents shall only be driven by and be in
(ii) Warehouses used for the storage charge of a driver in possession of a
of blasting agents separate from explo- valid motor vehicle operator’s license.
sives shall be located as set forth in Such a person shall also be familiar
this subdivision. with the State’s vehicle and traffic
(a) Warehouses used for the storage laws.
of blasting agents shall be located in (iii) No matches, firearms, acids, or
Table H–22 with respect to one another. other corrosive liquids shall be carried
(b) If both blasting agents and ammo- in the bed or body of any vehicle con-
nium nitrate are handled or stored taining blasting agents.
within the distance limitations pre- (iv) No person shall be permitted to
scribed through paragraph (g)(2) of this ride upon, drive, load, or unload a vehi-
section, one-half the mass of the am- cle containing blasting agents while
monium nitrate shall be added to the smoking or under the influence of in-
mass of the blasting agent when com- toxicants, narcotics, or other dan-
puting the total quantity of explosives gerous drugs.
for determining the proper distance for (v) [Reserved]
compliance with Table H–21. (vi) Vehicles transporting blasting

(iii) Smoking, matches, open flames, agents shall be in safe operating condi-
spark producing devices, and firearms tion at all times.
311
(7) Use of blasting agents. Persons ture, the oil will drain away from the
using blasting agents shall comply mixing plant building.
with all of the applicable provisions of (d) The building shall be well venti-
paragraph (e) of this section. lated.
(h) Water gel (Slurry) explosives and (e) Heating units that do not depend
blasting agents—(1) General provisions. on combustion processes, when prop-
Unless otherwise set forth in this para- erly designed and located, may be used
graph, water gels shall be transported, in the building. All direct sources of
stored and used in the same manner as heat shall be provided exclusively from
explosives or blasting agents in accord- units located outside of the mixing
ance with the classification of the building.
product. (f) All internal-combustion engines
(2) Types and classifications. (i) Water used for electric power generation shall
gels containing a substance in itself be located outside the mixing plant
classified as an explosive shall be clas- building, or shall be properly venti-
sified as an explosive and manufac- lated and isolated by a firewall. The ex-
tured, transported, stored, and used as haust systems on all such engines shall
specified for ‘‘explosives’’ in this sec- be located so any spark emission can-
tion, except as noted in subdivision (iv) not be a hazard to any materials in or
of this subparagraph. adjacent to the plant.
(ii) Water gels containing no sub- (iii) Ingredients of water gels shall
stance in itself classified as an explo- conform to the requirements of this
sive and which are cap-sensitive as de- subdivision.
fined in paragraph (a) of this section (a) Ingredients in themselves classi-
under Blasting Agent shall be classified fied as Class A or Class B explosives
as an explosive and manufactured, shall be stored in conformity with
transported, stored and used as speci- paragraph (c) of this section.
fied for ‘‘explosives’’ in this section. (b) Nitrate-water solutions may be
(iii) Water gels containing no sub- stored in tank cars, tank trucks, or
stance in itself classified as an explo- fixed tanks without quantity or dis-
sive and which are not cap-sensitive as tance limitations. Spills or leaks which
defined in paragraph (a) of this section may contaminate combustible mate-
under Blasting Agent shall be classified rials shall be cleaned up immediately.
as blasting agents and manufactured, (c) Metal powders such as aluminum
transported, stored, and used as speci- shall be kept dry and shall be stored in
fied for ‘‘blasting agents’’ in this sec- containers or bins which are moisture-
tion. resistant or weathertight. Solid fuels
(iv) When tests on specific formula- shall be used in such manner as to min-
tions of water gels result in Depart- imize dust explosion hazards.
ment of Transportation classification (d) Ingredients shall not be stored
as a Class B explosive, bullet-resistant with incompatible materials.
magazines are not required, see para- (e) Peroxides and chlorates shall not
graph (c)(2)(ii) of this section. be used.
(3) Fixed location mixing. (iv) Mixing equipment shall comply
(i) [Reserved] with the requirements of this subdivi-
(ii) Buildings used for the mixing of sion.
water gels shall conform to the re- (a) The design of the processing
quirements of this subdivision. equipment, including mixing and con-
(a) Buildings shall be of noncombus- veying equipment, shall be compatible
tible construction or sheet metal on with the relative sensitivity of the ma-
wood studs. terials being handled. Equipment shall
(b) Floors in a mixing plant shall be be designed to minimize the possibility
of concrete or of other nonabsorbent of frictional heating, compaction, over-
materials. loading, and confinement.
(c) Where fuel oil is used all fuel oil (b) Both equipment and handling pro-
storage facilities shall be separated cedures shall be designed to prevent

from the mixing plant and located in the introduction of foreign objects or
such a manner that in case of tank rup- materials.
312
(c) Mixers, pumps, valves, and related shall be at a point separate from where
equipment shall be designed to permit the water gel is discharged.
regular and periodic flushing, cleaning, (c) The design of processing equip-
dismantling, and inspection. ment and general requirements shall
(d) All electrical equipment including conform to subparagraphs (3) (iii) and
wiring, switches, controls, motors, and (iv) of this paragraph.
lights, shall conform to the require- (d) A positive action parking brake,
ments of subpart S of this part. which will set the wheel brakes on at
(e) All electric motors and generators least one axle shall be provided on ve-
shall be provided with suitable over- hicles when equipped with air brakes
load protection devices. Electrical gen- and shall be used during bulk delivery
erators, motors, proportioning devices, operations. Wheel chocks shall supple-
and all other electrical enclosures shall ment parking brakes whenever condi-
be electrically bonded. The grounding tions may require.
conductor to all such electrical equip- (ii) Operation of bulk delivery and
ment shall be effectively bonded to the mixing vehicles shall comply with the
service-entrance ground connection requirements of this subdivision.
and to all equipment ground connec-
(a) The placarding requirements con-
tions in a manner so as to provide a
tained in DOT regulations apply to ve-
continuous path to ground.
hicles carrying water gel explosives or
(v) Mixing facilities shall comply
blasting agents.
with the fire prevention requirements
(b) The operator shall be trained in
of this subdivision.
the safe operation of the vehicle to-
(a) The mixing, loading, and ingre-
gether with its mixing, conveying, and
dient transfer areas where residues or
related equipment. He shall be familiar
spilled materials may accumulate shall
with the commodities being delivered
be cleaned periodically. A cleaning and
and the general procedure for handling
collection system for dangerous resi-
emergency situations.
dues shall be provided. ,
(b) A daily visual inspection shall be (c) The hauling of either blasting
made of mixing, conveying, and elec- caps or other explosives, but not both,
trical equipment to establish that such shall be permitted on bulk trucks pro-
equipment is in good operating condi- vided that a special wood or non-
tion. A program of systematic mainte- ferrous-lined container is installed for
nance shall be conducted on regular the explosives. Such blasting caps or
schedule. other explosives shall be in DOT-speci-
(c) Heaters which are not dependent fied shipping containers; see 49 CFR
on the combustion process within the chapter I.
heating unit may be used within the (d) No person shall be allowed to
confines of processing buildings, or smoke, carry matches or any flame-
compartments, if provided with tem- producing device, or carry any firearms
perature and safety controls and lo- while in or about bulk vehicles effect-
cated away from combustible materials ing the mixing, transfer, or down-the-
and the finished product. hole loading of water gels at or near
(4) Bulk delivery and mixing vehicles. the blasting site.
(i) The design of vehicles shall comply (e) Caution shall be exercised in the
with the requirements of this subdivi- movement of the vehicle in the blast-
sion. ing area to avoid driving the vehicle
(a) Vehicles used over public high- over or dragging hoses over firing lines,
ways for the bulk transportation of cap wires, or explosive materials. The
water gels or of ingredients classified employer shall furnish the driver the
as dangerous commodities, shall meet assistance of a second person to guide
the requirements of the Department of the driver’s movements.
Transportation and shall meet the re- (f) No intransit mixing of materials
quirements of paragraphs (d) and (g)(6) shall be performed.
of this section. (g) The location chosen for water gel
(b) When electric power is supplied by or ingredient transfer from a support

a self-contained motor generator lo- vehicle into the borehole loading vehi-
cated on the vehicle the generator cle shall be away from the blasthole
313
site when the boreholes are loaded or (c) The wall on the exposed side of a
in the process of being loaded. storage building within 50 feet of a
(i) Storage of ammonium nitrate—(1) combustible building, forest, piles of
Scope and definitions. (i)(a) Except as combustible materials and similar ex-
provided in paragraph (i)(1)(i)(d) of this posure hazards shall be of fire-resistive
paragraph applies to the storage of am- construction. In lieu of the fire-resis-
monium nitrate in the form of crystals, tive wall, other suitable means of expo-
flakes, grains, or prills including fer- sure protection such as a free standing
tilizer grade, dynamite grade, nitrous wall may be used. The roof coverings
oxide grade, technical grade, and other shall be Class C or better, as defined in
mixtures containing 60 percent or more the Manual on Roof Coverings, NFPA
ammonium nitrate by weight but does 203M–1970, which is incorporated by ref-
not apply to blasting agents. erence as specified in § 1910.6.
(b) This paragraph does not apply to (d) All flooring in storage and han-
the transportation of ammonium ni- dling areas, shall be of noncombustible
trate. material or protected against impreg-
(c) This paragraph does not apply to nation by ammonium nitrate and shall
storage under the jurisdiction of and in be without open drains, traps, tunnels,
compliance with the regulations of the pits, or pockets into which any molten
U.S. Coast Guard (see 46 CFR parts 146– ammonium nitrate could flow and be
149). confined in the event of fire.
(d) The storage of ammonium nitrate (e) The continued use of an existing
and ammonium nitrate mixtures that storage building or structure not in
are more sensitive than allowed by the strict conformity with this paragraph
‘‘Definition of Test Procedures for Am- may be approved in cases where such
monium Nitrate Fertilizer’’ is prohib- continued use will not constitute a
ited. hazard to life.
(ii)(a) [Reserved]
(f) Buildings and structures shall be
(b) The standards for ammonium ni-
dry and free from water seepage
trate (nitrous oxide grade) are those
through the roof, walls, and floors.
found in the ‘‘Specifications, Prop-
erties, and Recommendations for Pack- (3) Storage of ammonium nitrate in
aging, Transportation, Storage, and bags, drums, or other containers. (i)(a)
Use of Ammonium Nitrate’’, available Bags and containers used for ammo-
from the Compressed Gas Association, nium nitrate must comply with speci-
Inc., which is incorporated by reference fications and standards required for use
as specified in § 1910.6. in interstate commerce (see 49 CFR
(2) General provisions. (i) This para- chapter I).
graph applies to all persons storing, (b) Containers used on the premises
having, or keeping ammonium nitrate, in the actual manufacturing or proc-
and to the owner or lessee of any build- essing need not comply with provisions
ing, premises, or structure in which of paragraph (i)(3)(i)(a) of this para-
ammonium nitrate is stored in quan- graph.
tities of 1,000 pounds or more. (ii)(a) Containers of ammonium ni-
(ii) Approval of large quantity stor- trate shall not be accepted for storage
age shall be subject to due consider- when the temperature of the ammo-
ation of the fire and explosion hazards, nium nitrate exceeds 130 °F.
including exposure to toxic vapors (b) Bags of ammonium nitrate shall
from burning or decomposing ammo- not be stored within 30 inches of the
nium nitrate. storage building walls and partitions.
(iii)(a) Storage buildings shall not (c) The height of piles shall not ex-
have basements unless the basements ceed 20 feet. The width of piles shall
are open on at least one side. Storage not exceed 20 feet and the length 50 feet
buildings shall not be over one story in except that where the building is of
height. noncombustible construction or is pro-
(b) Storage buildings shall have ade- tected by automatic sprinklers the
quate ventilation or be of a construc- length of piles shall not be limited. In

tion that will be self-ventilating in the no case shall the ammonium nitrate be
event of fire. stacked closer than 36 inches below the
314
roof or supporting and spreader beams sistance rating from storage of organic
overhead. chemicals, acids, or other corrosive
(d) Aisles shall be provided to sepa- materials, materials that may require
rate piles by a clear space of not less blasting during processing or handling,
than 3 feet in width. At least one serv- compressed flammable gases, flam-
ice or main aisle in the storage area mable and combustible materials or
shall be not less than 4 feet in width. other contaminating substances, in-
(4) Storage of bulk ammonium nitrate. cluding but not limited to animal fats,
(i)(a) Warehouses shall have adequate baled cotton, baled rags, baled scrap
ventilation or be capable of adequate paper, bleaching powder, burlap or cot-
ventilation in case of fire. ton bags, caustic soda, coal, coke, char-
(b) Unless constructed of noncombus- coal, cork, camphor, excelsior, fibers of
tible material or unless adequate fa- any kind, fish oils, fish meal, foam rub-
cilities for fighting a roof fire are ber, hay, lubricating oil, linseed oil, or
available, bulk storage structures shall other oxidizable or drying oils, naph-
not exceed a height of 40 feet. thalene, oakum, oiled clothing, oiled
(ii)(a) Bins shall be clean and free of paper, oiled textiles, paint, straw, saw-
materials which may contaminate am- dust, wood shavings, or vegetable oils.
monium nitrate. Walls referred to in this subdivision
(b) Due to the corrosive and reactive need extend only to the underside of
properties of ammonium nitrate, and the roof.
to avoid contamination, galvanized (b) In lieu of separation walls, ammo-
iron, copper, lead, and zinc shall not be nium nitrate may be separated from
used in a bin construction unless suit- the materials referred to in paragraph
ably protected. Aluminum bins and (a) of this section by a space of at least
wooden bins protected against impreg- 30 feet.
nation by ammonium nitrate are per- (c) Flammable liquids such as gaso-
missible. The partitions dividing the
line, kerosene, solvents, and light fuel
ammonium nitrate storage from other
oils shall not be stored on the premises
products which would contaminate the
except when such storage conforms to
ammonium nitrate shall be of tight
§ 1910.106, and when walls and sills or
construction.
curbs are provided in accordance with
(c) The ammonium nitrate storage
paragraphs (i)(5)(i) (a) or (b) of this sec-
bins or piles shall be clearly identified
tion.
by signs reading ‘‘Ammonium Nitrate’’
with letters at least 2 inches high. (d) LP-Gas shall not be stored on the
(iii)(a) Piles or bins shall be so sized premises except when such storage con-
and arranged that all material in the forms to § 1910.110.
pile is moved out periodically in order (ii)(a) Sulfur and finely divided met-
to minimize possible caking of the als shall not be stored in the same
stored ammonium nitrate. building with ammonium nitrate ex-
(b) Height or depth of piles shall be cept when such storage conforms to
limited by the pressure-setting tend- paragraphs (a) through (h) of this sec-
ency of the product. However, in no tion.
case shall the ammonium nitrate be (b) Explosives and blasting agents
piled higher at any point than 36 inches shall not be stored in the same building
below the roof or supporting and with ammonium nitrate except on the
spreader beams overhead. premises of makers, distributors, and
(c) Ammonium nitrate shall not be user-compounders of explosives or
accepted for storage when the tempera- blasting agents.
ture of the product exceeds 130 °F. (c) Where explosives or blasting
(d) Dynamite, other explosives, and agents are stored in separate buildings,
blasting agents shall not be used to other than on the premises of makers,
break up or loosen caked ammonium distributors, and user-compounders of
nitrate. explosives or blasting agents, they
(5) Contaminants. (i)(a) Ammonium shall be separated from the ammonium
nitrate shall be in a separate building nitrate by the distances and/or barri-

or shall be separated by approved type cades specified in Table H–22 of this
firewalls of not less than 1 hour fire-re- subpart, but by not less than 50 feet.
315
(d) Storage and/or operations on the rials, by a fire-resistive wall of 1-hour

premises of makers, distributors, and rating or by a distance of 25 feet.
user-compounders of explosives or (iii) Small arms ammunition shall
blasting agents shall be in conformity not be stored together with Class A or
with paragraphs (a) through (h) of this Class B explosives unless the storage
section. facility is adequate for this latter stor-
(6) General precautions. (i) Electrical age.
installations shall conform to the re- (3) Smokeless propellants. (i) All
quirements of subpart S of this part, smokeless propellants shall be stored
for ordinary locations. They shall be in shipping containers specified in 49
designed to minimize damage from cor- CFR 173.93 for smokeless propellants.
rosion. (ii) [Reserved]
(ii) In areas where lightning storms (iii) Commercial stocks of smokeless
are prevalent, lightning protection propellants over 20 pounds and not
shall be provided. (See the Lightning more than 100 pounds shall be stored in
Protection Code, NFPA 78–1968, which portable wooden boxes having walls of
is incorporated by reference as speci- at least 1 inch nominal thickness.
fied in § 1910.6.) (iv) Commercial stocks in quantities
(iii) Provisions shall be made to pre- not to exceed 750 pounds shall be stored
vent unauthorized personnel from en- in nonportable storage cabinets having
tering the ammonium nitrate storage wooden walls of at least 1 inch nominal
area. thickness. Not more than 400 pounds
(7) Fire protection. (i) Not more than shall be permitted in any one cabinet.
2,500 tons (2270 tonnes) of bagged am- (v) Quantities in excess of 750 pounds
monium nitrate shall be stored in a shall be stored in magazines in accord-
building or structure not equipped with ance with paragraph (c) of this section.
an automatic sprinkler system. Sprin- (4) Small arms ammunition primers. (i)
kler systems shall be of the approved Small arms ammunition primers shall
type and installed in accordance with not be stored except in the original
§ 1910.159. shipping container in accordance with
(ii)(a) Suitable fire control devices the requirements of 49 CFR 173.107 for
such as small hose or portable fire ex- small arms ammunition primers.
tinguishers shall be provided through- (ii) [Reserved]
out the warehouse and in the loading (iii) Small arms ammunition primers
and unloading areas. Suitable fire con- shall be separated from flammable liq-
trol devices shall comply with the re- uids, flammable solids as classified in
quirements of §§ 1910.157 and 1910.158. 49 CFR part 172, and oxidizing mate-
(b) Water supplies and fire hydrants rials by a fire-resistive wall of 1-hour
shall be available in accordance with rating or by a distance of 25 feet.
recognized good practices. (iv) Not more than 750,000 small arms
(j) Small arms ammunition, small arms ammunition primers shall be stored in
primers, and small arms propellants—(1) any one building, except as provided in
Scope. This paragraph does not apply to paragraph (j)(4)(v) of this paragraph.
in-process storage and intraplant Not more than 100,000 shall be stored in
transportation during manufacture of any one pile. Piles shall be at least 15
small arms ammunition, small arms feet apart.
primers, and smokeless propellants. (v) Quantities of small arms ammuni-
(2) Small arms ammunition. (i) No tion primers in excess of 750,000 shall
quantity limitations are imposed on be stored in magazines in accordance
the storage of small arms ammunition with paragraph (c) of this section.
in warehouses, retail stores, and other (k) Scope. (1) This section applies to
general occupancy facilities, except the manufacture, keeping, having,
those imposed by limitations of storage storage, sale, transportation, and use
facilities. of explosives, blasting agents, and py-
(ii) Small arms ammunition shall be rotechnics. The section does not apply
separated from flammable liquids, to the sale and use (public display) of
flammable solids as classified in 49 pyrotechnics, commonly known as fire-
CFR part 172, and from oxidizing mate- works, nor the use of explosives in the
316
form prescribed by the official U.S. supply for farm tractors, construction
Pharmacopeia. machinery and similar equipment.
(2) The manufacture of explosives as (9) P.S.I.G.—pounds per square inch
defined in paragraph (a)(3) of this sec- gauge.
tion shall also meet the requirements (10) P.S.I.A.—pounds per square inch
contained in § 1910.119. absolute.
(3) The manufacture of pyrotechnics (11) Systems—an assembly of equip-
as defined in paragraph (a)(10) of this ment consisting essentially of the con-
section shall also meet the require- tainer or containers, major devices
ments contained in § 1910.119. such as vaporizers, safety relief valves,
[39 FR 23502, June 27, 1974, as amended at 43 excess flow valves, regulators, and pip-
FR 49747, Oct. 24, 1978; 45 FR 60704, Sept. 12, ing connecting such parts.
1980; 53 FR 12122, Apr. 12, 1988; 57 FR 6403, (12) Vaporizer-burner—an integral va-
Feb. 24, 1992; 58 FR 35309, June 30, 1993; 61 FR porizer-burner unit, dependent upon
9237, Mar. 7, 1996; 63 FR 33466, June 18, 1998] the heat generated by the burner as the
§ 1910.110 Storage and handling of liq- source of heat to vaporize the liquid
uefied petroleum gases. used for dehydrators or dryers.
(13) Ventilation, adequate—when
(a) Definitions applicable to this sec- specified for the prevention of fire dur-
tion. As used in this section: ing normal operation, ventilation shall
(1) API-ASME container—A con- be considered adequate when the con-
tainer constructed in accordance with centration of the gas in a gas-air mix-
the requirements of paragraph ture does not exceed 25 percent of the
(b)(3)(iii) of this section. lower flammable limit.
(2) ASME container—A container
(14) Approved—unless otherwise indi-
constructed in accordance with the re-
cated, listing or approval by a nation-
quirements of paragraph (b)(3)(i) of this
ally recognized testing laboratory.
section.
Refer to § 1910.7 for definition of nation-
(3) Container assembly—An assembly
ally recognized testing laboratory.
consisting essentially of the container
and fittings for all container openings, (15) Listed—see ‘‘approved’’ in
including shutoff valves, excess flow § 1910.110(14).
valves, liquid-level gaging devices, (16) DOT Specifications—regulations
safety relief devices, and protective of the Department of Transportation
housing. published in 49 CFR chapter I.
(4) Containers—All vessels, such as (17)–(18) [Reserved]
tanks, cylinders, or drums, used for (19) DOT cylinders—cylinders meet-
transportation or storing liquefied pe- ing the requirements of 49 CFR chapter
troleum gases. I.
(5) DOT—Department of Transpor- (b) Basic rules—(1) Odorizing gases. (i)
tation. All liquefied petroleum gases shall be
(6) DOT container—A container con- effectively odorized by an approved
structed in accordance with the appli- agent of such character as to indicate
cable requirements of 49 CFR chapter 1. positively, by distinct odor, the pres-
(7) ‘‘Liquified petroleum gases’’— ence of gas down to concentration in
‘‘LPG’’ and ‘‘LP-Gas’’—Any material air of not over one-fifth the lower limit
which is composed predominantly of of flammability. Odorization, however,
any of the following hydrocarbons, or is not required if harmful in the use of
mixtures of them; propane, propylene, further processing of the liquefied pe-
butanes (normal butane or iso-butane), troleum gas, or if odorization will serve
and butylenes. no useful purpose as a warning agent in
(8) Movable fuel storage tenders or such use or further processing.
farm carts—Containers not in excess of (ii) The odorization requirement of
1,200 gallons water capacity, equipped paragraph (b)(1)(i) of this section shall
with wheels to be towed from one loca- be considered to be met by the use of
tion of usage to another. They are basi- 1.0 pounds of ethyl mercaptan, 1.0
cally nonhighway vehicles, but may oc- pounds of thiophane or 1.4 pounds of
casionally be moved over public roads amyl mercaptan per 10,000 gallons of
or highways. They are used as a fuel LP-Gas. However, this listing of
317
odorants and quantities shall not ex- denda, of the American Petroleum In-
clude the use of other odorants that stitute and the American Society of
meet the odorization requirements of Mechanical Engineers, which is incor-
paragraph (b)(1)(i) of this section. porated by reference as specified in
(2) Approval of equipment and systems. § 1910.6, shall be considered in conform-
(i) Each system utilizing DOT con- ance. Containers constructed according
tainers in accordance with 49 CFR part to API-ASME Code do not have to com-
178 shall have its container valves, con- ply with section I or with appendix to
nectors, manifold valve assemblies, and section I. Paragraphs W–601 to W–606
regulators approved. inclusive in the 1943 and earlier edi-
(ii) Each system for domestic or com- tions do not apply.
mercial use utilizing containers of 2,000 (iv) The provisions of paragraph
gallons or less water capacity, other (b)(3)(i) of this section shall not be con-
than those constructed in accordance strued as prohibiting the continued use
with 49 CFR part 178, shall consist of a or reinstallation of containers con-
container assembly and one or more structed and maintained in accordance
regulators, and may include other with the standard for the Storage and
parts. The system as a unit or the con- Handling of Liquefied Petroleum Gases
tainer assembly as a unit, and the reg- NFPA No. 58 in effect at the time of
ulator or regulators, shall be individ- fabrication.
ually listed. (v) Containers used with systems em-
(iii) In systems utilizing containers bodied in paragraph (b), (d)(3)(iii), and
of over 2,000 gallons water capacity, (f) of this section, shall be constructed,
each regulator, container valve, excess tested, and stamped in accordance with
flow valve, gaging device, and relief DOT specifications effective at the
valve installed on or at the container, date of their manufacture.
shall have its correctness as to design, (4) Welding of containers. (i) Welding
construction, and performance deter- to the shell, head, or any other part of
mined by listing by a nationally recog- the container subject to internal pres-
nized testing laboratory. Refer to sure, shall be done in compliance with
§ 1910.7 for definition of nationally rec- the code under which the tank was fab-
ognized testing laboratory. ricated. Other welding is permitted
(3) Requirements for construction and only on saddle plates, lugs, or brackets
original test of containers. (i) Containers attached to the container by the tank
used with systems embodied in para- manufacturer.
graphs (d), (e), (g), and (h) of this sec- (ii) Where repair or modification in-
tion, except as provided in paragraphs volving welding of DOT containers is
(e)(3)(iii) and (g)(2)(i) of this section, required, the container shall be re-
shall be designed, constructed, and turned to a qualified manufacturer
tested in accordance with the Rules for making containers of the same type,
Construction of Unfired Pressure Ves- and the repair or modification made in
sels, section VIII, Division 1, American compliance with DOT regulations.
Society of Mechanical Engineers (5) Markings on containers. (i) Each
(ASME) Boiler and Pressure Vessel container covered in paragraph (b)(3)(i)
Code, 1968 edition, which is incor- of this section, except as provided in
porated by reference as specified in paragraph (b)(3)(iv) of this section shall
§ 1910.6. be marked as specified in the following:
(ii) Containers constructed according (a) With a marking identifying com-
to the 1949 and earlier editions of the pliance with, and other markings re-
ASME Code do not have to comply quired by, the rules of the reference
with paragraphs U–2 through U–10 and under which the container is con-
U–19 thereof. Containers constructed structed; or with the stamp and other
according to paragraph U–70 in the 1949 markings required by the National
and earlier editions are not authorized. Board of Boiler and Pressure Vessel In-
(iii) Containers designed, con- spectors.
structed, and tested prior to July 1, (b) With notation as to whether the
1961, according to the Code for Unfired container is designed for underground
Pressure Vessels for Petroleum Liquids or aboveground installation or both. If
and Gases, 1951 edition with 1954 Ad- intended for both and different style
318
hoods are provided, the marking shall (c) LP-Gas fueled stationary or port-
indicate the proper hood for each type able engines in accordance with para-
of installation. graph (e) (11) or (12) of this section.
(c) With the name and address of the (d) LP-Gas fueled industrial trucks
supplier of the container, or with the used in accordance with paragraph
trade name of the container. (e)(13) of this section.
(d) With the water capacity of the (e) LP-Gas fueled vehicles garaged in
container in pounds or gallons, U.S. accordance with paragraph (e)(14) of
Standard. this section.
(e) With the pressure in p.s.i.g., for (f) Containers awaiting use or resale
which the container is designed. when stored in accordance with para-
(f) With the wording ‘‘This container graph (f) of this section.
shall not contain a product having a (ii) Each individual container shall
vapor pressure in excess of ll p.s.i.g. be located with respect to the nearest
at 100 °F.,’’ see subparagraph (14)(viii) important building or group of build-
of this paragraph. ings in accordance with Table H–23.
(g) With the tare weight in pounds or TABLE H–23
other identified unit of weight for con-
tainers with a water capacity of 300 Minimum distances
pounds or less. Water capacity per Containers Between
(h) With marking indicating the container above-
Under- Above- ground
maximum level to which the container ground ground containers
may be filled with liquid at tempera-
tures between 20 °F. and 130 °F., except Less than 125 gals. 1 .. 10 feet .... None ....... None.
125 to 250 gals ........... 10 feet .... 10 feet .... None.
on containers provided with fixed max- 251 to 500 gals ........... 10 feet .... 10 feet .... 3 feet.
imum level indicators or which are 501 to 2,000 gals ........ 25 feet 2 .. 25 feet 2 .. 3 feet.
filled by weighing. Markings shall be 2,001 to 30,000 gals ... 50 feet .... 50 feet .... 5 feet.
increments of not more than 20 °F. 30,001 to 70,000 gals 50 feet .... 75 feet. 3.
70,001 to 90,000 gals 50 feet .... 100 feet. 3.
This marking may be located on the
1 If the aggregate water capacity of a multi-container instal-
liquid level gaging device.
lation at a consumer site is 501 gallons or greater, the min-
(i) With the outside surface area in imum distance shall comply with the appropriate portion of
square feet. this table, applying the aggregate capacity rather than the ca-
pacity per container. If more than one installation is made,
(ii) Markings specified shall be on a each installation shall be separated from another installation
by at least 25 feet. Do not apply the MINIMUM DISTANCES
metal nameplate attached to the con- BETWEEN ABOVE-GROUND CONTAINERS to such installa-
tainer and located in such a manner as tions.
2 The above distance requirements may be reduced to not
to remain visible after the container is less than 10 feet for a single container of 1,200 gallons water
installed. capacity or less, providing such a container is at least 25 feet
from any other LP-Gas container of more than 125 gallons
(iii) When LP-Gas and one or more water capacity.
3 1⁄4 of sum of diameters of adjacent containers.
other gases are stored or used in the
same area, the containers shall be (iii) Containers installed for use shall
marked to identify their content. not be stacked one above the other.
Marking shall conform to the marking (iv) [Reserved]
requirements set forth in (v) In the case of buildings devoted
§ 1910.253(b)(1)(ii). exclusively to gas manufacturing and
(6) Location of containers and regu- distributing operations, the distances
lating equipment. (i) Containers, and required by Table H–23 may be reduced
first stage regulating equipment if provided that in no case shall con-
used, shall be located outside of build- tainers of water capacity exceeding 500
ings, except under one or more of the gallons be located closer than 10 feet to
following: such gas manufacturing and distrib-
(a) In buildings used exclusively for uting buildings.
container charging, vaporization pres- (vi) Readily ignitible material such
sure reduction, gas mixing, gas manu- as weeds and long dry grass shall be re-
facturing, or distribution. moved within 10 feet of any container.
(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
319
shall be 20 feet, and the minimum sepa- required by this section shall be lo-
ration between a container and the cated inside of the container or at a
centerline of the dike shall be 10 feet. point outside where the line enters the
The foregoing provision shall not apply container; in the latter case, installa-
when LP-Gas containers of 125 gallons tion shall be made in such manner that
or less capacity are installed adjacent any undue strain beyond the excess
to Class III flammable liquid tanks of flow or back pressure check valve will
275 gallons or less capacity. not cause breakage between the con-
(viii) Suitable means shall be taken tainer and such valve.
to prevent the accumulation of flam- (vii) Excess flow valves shall be de-
mable liquids under adjacent liquified signed with a bypass, not to exceed a
petroleum gas containers, such as by No. 60 drill size opening to allow
diking, diversion curbs, or grading. equalization of pressures.
(ix) When dikes are used with flam- (viii) Containers of more than 30 gal-
mable liquid tanks, no liquefied petro- lons water capacity and less than 2,000
leum gas containers shall be located gallons water capacity, filled on a vol-
within the diked area. umetric basis, and manufactured after
(7) Container valves and container ac- December 1, 1963, shall be equipped for
cessories. (i) Valves, fittings, and acces- filling into the vapor space.
sories connected directly to the con- (8) Piping—including pipe, tubing, and
tainer including primary shutoff fittings. (i) Pipe, except as provided in
valves, shall have a rated working pres- paragraphs (e)(6)(i) and (g)(10)(iii), of
sure of at least 250 p.s.i.g. and shall be this section shall be wrought iron or
of material and design suitable for LP- steel (black or galvanized), brass, cop-
Gas service. Cast iron shall not be used per, or aluminum alloy. Aluminum
for container valves, fittings, and ac- alloy pipe shall be at least Schedule 40
cessories. This does not prohibit the in accordance with the specifications
use of container valves made of malle- for Aluminum Alloy Pipe, American
able or nodular iron. National Standards Institute (ANSI)
(ii) Connections to containers, except H38.7–1969 (ASTM, B241–69), which is in-
safety relief connections, liquid level corporated by reference as specified in
gaging devices, and plugged openings, § 1910.6, except that the use of alloy 5456
shall have shutoff valves located as is prohibited and shall be suitably
close to the container as practicable. marked at each end of each length in-
(iii) Excess flow valves, where re- dicating compliance with American
quired shall close automatically at the National Standard Institute Specifica-
rated flows of vapor or liquid as speci- tions. Aluminum Alloy pipe shall be
fied by the manufacturer. The connec- protected against external corrosion
tions or line including valves, fittings, when it is in contact with dissimilar
etc., being protected by an excess flow metals other than galvanized steel, or
valve shall have a greater capacity its location is subject to repeated wet-
than the rated flow of the excess flow ting by such liquids as water (except
valve. rain water), detergents, sewage, or
(iv) Liquid level gaging devices which leaking from other piping, or it passes
are so constructed that outward flow of through flooring, plaster, masonry, or
container contents shall not exceed insulation. Galvanized sheet steel or
that passed by a No. 54 drill size open- pipe, galvanized inside and out, may be
ing, need not be equipped with excess considered suitable protection. The
flow valves. maximum nominal pipe size for alu-
(v) Openings from container or minum pipe shall be three-fourths inch
through fittings attached directly on and shall not be used for pressures ex-
container to which pressure gage con- ceeding 20 p.s.i.g. Aluminum alloy pipe
nection is made, need not be equipped shall not be installed within 6 inches of
with shutoff or excess flow valves if the ground.
such openings are restricted to not (a) Vapor piping with operating pres-
larger than No. 54 drill size opening. sures not exceeding 125 p.s.i.g. shall be
(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
320
Electric Resistance Welded and Elec- TABLE H–24—WALL THICKNESS OF COPPER

tric Flash Welded Pipe, which is incor- TUBING 1—Continued
porated by reference as specified in
Nominal wall thickness
§ 1910.6, or equal). Standard size Nominal out- (inches)
side diameter
(b) Vapor piping with operating pres- (inches) (inches) Type K Type L
sures over 125 p.s.i.g. and all liquid pip-
ing shall be suitable for a working 38⁄ 0.500 0.049 0.035
1⁄2 0.625 0.049 0.040
pressure of at least 250 p.s.i.g. Pipe 5⁄8 0.750 0.049 0.042
shall be at least Schedule 80 if joints 3⁄4 0.875 0.065 0.045
are threaded or threaded and back 1 1.125 0.065 0.050
welded. At least Schedule 40 (ASTM A– 1 ⁄4
1 1.375 0.065 0.055
11⁄2 1.625 0.072 0.060
53–69 Grade B Electric Resistance Weld- 2 2.125 0.083 0.070
ed and Electric Flash Welded Pipe or 1 Based on data in Specification for Seamless Copper
equal) shall be used if joints are weld- Water Tube, ANSI H23.1–1970 (ASTM B–88–69).
ed, or welded and flanged. NOTE: The standard size by which tube is designated is 1⁄8
(ii) Tubing shall be seamless and of inch smaller than its nominal outside diameter.
copper, brass, steel, or aluminum alloy.
TABLE H–25—WALL THICKNESS OF ALUMINUM
Copper tubing shall be of type K or L
ALLOY TUBING 1
or equivalent as covered in the Speci-
fication for Seamless Copper Water Outside diameter Nominal wall thickness (inches)
Tube, ANSI H23.1–1970 (ASTM B88–69), (inches) Type A Type B
which is incorporated by reference as
specified in § 1910.6. Aluminum alloy ⁄
38
12
0.035 0.049
⁄ 0.035 0.049
tubing shall be of Type A or B or equiv- ⁄
58 0.042 0.049
alent as covered in Specification ASTM 3⁄4 0.049 0.058
B210–68 (which is incorporated by ref- 1 Based on data in Standard Specification for Aluminum-
erence as specified in § 1910.6) and shall Alloy Drawn Seamless Coiled Tubes for Special Purpose Ap-
plications, ASTM B210–68.
be suitably marked every 18 inches in-
dicating compliance with ASTM Speci- (iii) In systems where the gas in liq-
fications. The minimum nominal wall uid form without pressure reduction
thickness of copper tubing and alu- enters the building, only heavy walled
minum alloy tubing shall be as speci- seamless brass or copper tubing with
fied in Table H–24 and Table H–25. an internal diameter not greater than
Aluminum alloy tubing shall be pro- three thirty-seconds inch, and a wall
tected against external corrosion when thickness of not less than three sixty-
it is in contact with dissimilar metals fourths inch shall be used. This re-
other than galvanized steel, or its loca- quirement shall not apply to research
tion is subject to repeated wetting by and experimental laboratories, build-
liquids such as water (except rain- ings, or separate fire divisions of build-
water), detergents, sewage, or leakage ings used exclusively for housing inter-
from other piping, or it passes through nal combustion engines, and to com-
flooring, plaster, masonry, or insula- mercial gas plants or bulk stations
tion. Galvanized sheet steel or pipe, where containers are charged, nor to
galvanized inside and out, may be con- industrial vaporizer buildings, nor to
sidered suitable protection. The max- buildings, structures, or equipment
imum outside diameter for aluminum under construction or undergoing
alloy tubing shall be three-fourths inch major renovation.
and shall not be used for pressures ex- (iv) Pipe joints may be screwed,
ceeding 20 p.s.i.g. Aluminum alloy tub- flanged, welded, soldered, or brazed
ing shall not be installed within 6 with a material having a melting point
inches of the ground. exceeding 1,000 °F. Joints on seamless
copper, brass, steel, or aluminum alloy
TABLE H–24—WALL THICKNESS OF COPPER gas tubing shall be made by means of
TUBING 1 approved gas tubing fittings, or sol-
dered or brazed with a material having
Nominal wall thickness
Standard size Nominal out- (inches) a melting point exceeding 1,000 °F.
side diameter
(inches) (inches) (v) For operating pressures of 125
Type K Type L
p.s.i.g. or less, fittings shall be de-
⁄
14 0.375 0.035 0.030 signed for a pressure of at least 125
321
p.s.i.g. For operating pressures above (iii) Hose subject to container pres-
125 p.s.i.g., fittings shall be designed sure shall be designed for a bursting
for a minimum of 250 p.s.i.g. pressure of not less than 1,250 p.s.i.g.
(vi) The use of threaded cast iron (iv) Hose subject to container pres-
pipe fittings such as ells, tees, crosses, sure shall have its correctness as to de-
couplings, and unions is prohibited. sign construction and performance de-
Aluminum alloy fittings shall be used termined by being listed (see
with aluminum alloy pipe and tubing. § 1910.110(a)(15)).
Insulated fittings shall be used where (v) Hose connections subject to con-
aluminum alloy pipe or tubing container pressure shall be capable of
nects with a dissimilar metal. withstanding, without leakage, a test
(vii) Strainers, regulators, meters, pressure of not less than 500 p.s.i.g.
compressors, pumps, etc., are not to be (vi) Hose and hose connections on the
considered as pipe fittings. This does low-pressure side of the regulator or re-
not prohibit the use of malleable, nod- ducing valve shall be designed for a
ular, or higher strength gray iron for bursting pressure of not less than 125
such equipment. p.s.i.g. or five times the set pressure of
(viii) All materials such as valve the relief devices protecting that por-
seats, packing, gaskets, diaphragms, tion of the system, whichever is higher.
etc., shall be of such quality as to be (vii) Hose may be used on the low-
resistant to the action of liquefied pe- pressure side of regulators to connect
troleum gas under the service condi- to other than domestic and commercial
tions to which they are subjected. gas appliances under the following con-
(ix) All piping, tubing, or hose shall ditions:
be tested after assembly and proved (a) The appliances connected with
free from leaks at not less than normal hose shall be portable and need a flexi-
operating pressures. After installation, ble connection.
piping and tubing of all domestic and (b) For use inside buildings the hose
commercial systems shall be tested shall be of minimum practical length,
and proved free of leaks using a ma- but shall not exceed 6 feet except as
nometer or equivalent device that will provided in paragraph (c)(5)(i)(g) of this
indicate a drop in pressure. Test shall section and shall not extend from one
not be made with a flame. room to another, nor pass through any
(x) Provision shall be made to com- walls, partitions, ceilings, or floors.
pensate for expansion, contraction, jar- Such hose shall not be concealed from
ring, and vibration, and for settling. view or used in a concealed location.
This may be accomplished by flexible For use outside of buildings, the hose
connections. may exceed this length but shall be
(xi) Piping outside buildings may be kept as short as practical.
buried, above ground, or both, but shall (c) The hose shall be approved and
be well supported and protected shall not be used where it is likely to
against physical damage. Where soil be subjected to temperatures above 125
conditions warrant, all piping shall be °F. The hose shall be securely con-
protected against corrosion. Where nected to the appliance and the use of
condensation may occur, the piping rubber slip ends shall not be permitted.
shall be pitched back to the container, (d) The shutoff valve for an appliance
or suitable means shall be provided for connected by hose shall be in the metal
revaporization of the condensate. pipe or tubing and not at the appliance
(9) Hose specifications. (i) Hose shall end of the hose. When shutoff valves
be fabricated of materials that are re- are installed close to each other, pre-
sistant to the action of LP-Gas in the cautions shall be taken to prevent op-
liquid and vapor phases. If wire braid is eration of the wrong valve.
used for reinforcing the hose, it shall (e) Hose used for connecting to wall
be of corrosion-resistant material such outlets shall be protected from phys-
as stainless steel. ical damage.
(ii) Hose subject to container pres- (10) Safety devices. (i) Every container
sure shall be marked ‘‘LP-Gas’’ or except those constructed in accordance

‘‘LPG’’ at not greater than 10-foot in- with DOT specifications and every va-
tervals. porizer (except motor fuel vaporizers
322
and except vaporizers described in Surface area (sq. ft.) Flow rate
paragraph (b)(11)(ii)(c) of this section CFM air
and paragraph (d)(4)(v)(a) of this sec- 260 ....................................................................... 5,130
tion) whether heated by artificial 270 ....................................................................... 5,290
means or not, shall be provided with 280 ....................................................................... 5,450
290 ....................................................................... 5,610
one or more safety relief valves of 300 ....................................................................... 5,760
spring-loaded or equivalent type. These 310 ....................................................................... 5,920
valves shall be arranged to afford free 320 ....................................................................... 6,080
330 ....................................................................... 6,230
vent to the outer air with discharge 340 ....................................................................... 6,390
not less than 5 feet horizontally away 350 ....................................................................... 6,540
from any opening into the building 360 ....................................................................... 6,690
which is below such discharge. The rate 370 ....................................................................... 6,840
380 ....................................................................... 7,000
of discharge shall be in accordance 390 ....................................................................... 7,150
with the requirements of paragraph 400 ....................................................................... 7,300
(b)(10)(ii) or (b)(10)(iii) of this section in 450 ....................................................................... 8,040
500 ....................................................................... 8,760
the case of vaporizers. 550 ....................................................................... 9,470
(ii) Minimum required rate of dis- 600 ....................................................................... 10,170
charge in cubic feet per minute of air 650 ....................................................................... 10,860
at 120 percent of the maximum per- 700 ....................................................................... 11,550
750 ....................................................................... 12,220
mitted start to discharge pressure for 800 ....................................................................... 12,880
safety relief valves to be used on con- 850 ....................................................................... 13,540
tainers other than those constructed in 900 ....................................................................... 14,190
950 ....................................................................... 14,830
accordance with DOT specification 1,000 .................................................................... 15,470
shall be as follows: 1,050 .................................................................... 16,100
1,100 .................................................................... 16,720
Flow rate 1,150 .................................................................... 17,350
Surface area (sq. ft.) CFM air 1,200 .................................................................... 17,960
1,250 .................................................................... 18,570
20 or less ............................................................. 626
1,300 .................................................................... 19,180
25 ......................................................................... 751
1,350 .................................................................... 19,780
30 ......................................................................... 872
35 ......................................................................... 990 1,400 .................................................................... 20,380
40 ......................................................................... 1,100 1,450 .................................................................... 20,980
45 ......................................................................... 1,220 1,500 .................................................................... 21,570
50 ......................................................................... 1,330 1,550 .................................................................... 22,160
55 ......................................................................... 1,430 1,600 .................................................................... 22,740
60 ......................................................................... 1,540 1,650 .................................................................... 23,320
65 ......................................................................... 1,640 1,700 .................................................................... 23,900
70 ......................................................................... 1,750 1,750 .................................................................... 24,470
75 ......................................................................... 1,850 1,800 .................................................................... 25,050
80 ......................................................................... 1,950 1,850 .................................................................... 25,620
85 ......................................................................... 2,050 1,900 .................................................................... 26,180
90 ......................................................................... 2,150 1,950 .................................................................... 26,750
95 ......................................................................... 2,240 2,000 .................................................................... 27,310
100 ....................................................................... 2,340
105 ....................................................................... 2,440
110 ....................................................................... 2,530 Surface area = total outside surface area of
115 ....................................................................... 2,630 container in square feet.
120 ....................................................................... 2,720 When the surface area is not stamped on
125 ....................................................................... 2,810
130 ....................................................................... 2,900 the nameplate or when the marking is not
135 ....................................................................... 2,990 legible, the area can be calculated by using
140 ....................................................................... 3,080 one of the following formulas:
145 ....................................................................... 3,170 (1) Cylindrical container with hemi-
150 ....................................................................... 3,260 spherical heads:
155 ....................................................................... 3,350
160 ....................................................................... 3,440 Area = Overall length × outside diameter ×
165 ....................................................................... 3,530 3.1416.
170 ....................................................................... 3,620 (2) Cylindrical container with other than
175 ....................................................................... 3,700
hemispherical heads:
180 ....................................................................... 3,790
185 ....................................................................... 3,880 Area = (Overall length + 0.3 outside diame-
190 ....................................................................... 3,960 ter) × outside diameter × 3.1416.
195 ....................................................................... 4,050
200 ....................................................................... 4,130 NOTE: This formula is not exact, but will
210 ....................................................................... 4,300 give results within the limits of practical ac-
220 ....................................................................... 4,470 curacy for the sole purpose of sizing relief
230 ....................................................................... 4,630 valves.
240 ....................................................................... 4,800
250 ....................................................................... 4,960 (3) Spherical container:
323
Area = Outside diameter squared × 3.1416. of this section) permitted start to dis-
Flow Rate-CFM Air = Required flow capacity charge pressure setting of the device.
in cubic feet per minute of air at stand-
ard conditions, 60 F. and atmospheric TABLE H–26
pressure (14.7 p.s.i.a.).
The rate of discharge may be interpolated Minimum Maximum
Containers (percent) (percent)
for intermediate values of surface area. For
containers with total outside surface area ASME Code; Par. U–68, U–69—
greater than 2,000 square feet, the required 1949 and earlier editions ........... 110 1 25
flow rate can be calculated using the for- ASME Code; Par. U–200, U–
201—1949 edition ...................... 88 1 100
mula, Flow Rate-CFM Air = 53.632 A0.82.
A = total outside surface area of the con- ASME Code—1950, 1952, 1956,
1959, 1962, 1965 and 1968 (Di-
tainer in square feet. 1 100
vision I) editions ......................... 88
Valves not marked ‘‘Air’’ have flow rate API—ASME Code—all editions .... 88 1 100
marking in cubic feet per minute of liquefied DOT—As prescribed in 49 CFR
petroleum gas. These can be converted to Chapter I.
ratings in cubic feet per minute of air by 1 Manufacturers of safety relief valves are allowed a plus
multiplying the liquefied petroleum gas rat- tolerance not exceeding 10 percent of the set pressure
ings by factors listed below. Air flow ratings marked on the valve.
can be converted to ratings in cubic feet per
minute of liquefied petroleum gas by divid- (vi) In certain locations sufficiently
ing the air ratings by the factors listed sustained high temperatures prevail
below. which require the use of a lower vapor
pressure product to be stored or the use
AIR CONVERSION FACTORS of a higher designed pressure vessel in
Container type ...... 100 125 150 175 200 order to prevent the safety valves
Air conversion fac-
tor ...................... 1.162 1.142 1.113 1.078 1.010
opening as the result of these tempera-
tures. As an alternative the tanks may
(iii) Minimum Required Rate of Dis- be protected by cooling devices such as
charge for Safety Relief Valves for Liq- by spraying, by shading, or other effec-
uefied Petroleum Gas Vaporizers tive means.
(Steam Heated, Water Heated, and Di- (vii) Safety relief valves shall be ar-
rect Fired). ranged so that the possibility of tam-
The minimum required rate of dis- pering will be minimized. If pressure
charge for safety relief valves shall be setting or adjustment is external, the
determined as follows: relief valves shall be provided with ap-
(a) Obtain the total surface area by proved means for sealing adjustment.
adding the surface area of vaporizer (viii) Shutoff valves shall not be in-
shell in square feet directly in contact stalled between the safety relief de-
with LP-Gas and the heat exchanged vices and the container, or the equip-
surface area in square feet directly in ment or piping to which the safety re-
contact with LP-Gas. lief device is connected except that a
(b) Obtain the minimum required shutoff valve may be used where the
rate of discharge in cubic feet of air per arrangement of this valve is such that
minute, at 60 °F. and 14.7 p.s.i.a. from full required capacity flow through the
paragraph (b)(10)(ii) of this section, for safety relief device is always afforded.
this total surface area. (ix) Safety relief valves shall have di-
(iv) Container and vaporizer safety rect communication with the vapor
relief valves shall be set to start-to-dis- space of the container at all times.
charge, with relation to the design (x) Each container safety relief valve
pressure of the container, in accord- used with systems covered by para-
ance with Table H–26. graphs (d), (e), (g), and (h) of this sec-
(v) Safety relief devices used with tion, except as provided in paragraph
systems employing containers other (e)(3)(iii) of this section shall be plainly
than those constructed according to and permanently marked with the fol-
DOT specifications shall be so con- lowing: ‘‘Container Type’’ of the pres-
structed as to discharge at not less sure vessel on which the valve is de-
than the rates shown in paragraph signed to be installed; the pressure in
(b)(10)(ii) of this section, before the p.s.i.g. at which the valve is set to dis-
pressure is in excess of 120 percent of charge; the actual rate of discharge of

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
324
manufacturer’s name and catalog num- (2) With the allowable working pres-
ber, for example: T200–250–4050 AIR—insure and temperature for which the va-
dicating that the valve is suitable for porizer is designed.
use on a Type 200 container, that it is (3) With the sum of the outside sur-
set to start to discharge at 250 p.s.i.g.; face area and the inside heat exchange
and that its rate of discharge is 4,050 surface area expressed in square feet.
cubic feet per minute of air as deter- (4) With the name or symbol of the
mined in subdivision (ii) of this sub- manufacturer.
paragraph. (b) Vaporizers having an inside di-
ameter of 6 inches or less exempted by
(xi) Safety relief valve assemblies, in-
the ASME Unfired Pressure Vessel
cluding their connections, shall be of
Code, Section VIII of the ASME Boiler
sufficient size so as to provide the rate
and Pressure Vessel Code—1968 shall
of flow required for the container on
have a design pressure not less than 250
which they are installed. p.s.i.g. and need not be permanently
(xii) A hydrostatic relief valve shall marked.
be installed between each pair of shut- (c) Heating or cooling coils shall not
off valves on liquefied petroleum gas be installed inside a storage container.
liquid piping so as to relieve into a safe (d) Vaporizers may be installed in
atmosphere. The start-to-discharge buildings, rooms, sheds, or lean-tos
pressure setting of such relief valves used exclusively for gas manufacturing
shall not be in excess of 500 p.s.i.g. The or distribution, or in other structures
minimum setting on relief valves in- of light, noncombustible construction
stalled in piping connected to other or equivalent, well ventilated near the
than DOT containers shall not be lower floor line and roof.
than 140 percent of the container relief When vaporizing and/or mixing equip-
valve setting and in piping connected ment is located in a structure or build-
to DOT containers not lower than 400 ing not used exclusively for gas manu-
p.s.i.g. The start-to-discharge pressure facturing or distribution, either at-
setting of such a relief valve, if in- tached to or within such a building,
stalled on the discharge side of a pump, such structure or room shall be sepa-
shall be greater than the maximum rated from the remainder of the build-
pressure permitted by the recirculation ing by a wall designed to withstand a
device in the system. static pressure of at least 100 pounds
(xiii) The discharge from any safety per square foot. This wall shall have no
relief device shall not terminate in or openings or pipe or conduit passing
beneath any building, except relief de- through it. Such structure or room
vices covered by paragraphs (b)(6)(i) (a) shall be provided with adequate ven-
through (e) of this section, or para- tilation and shall have a roof or at
graphs (c) (4)(i) or (5) of this section. least one exterior wall of lightweight
(xiv) Container safety relief devices construction.
and regulator relief vents shall be lo- (e) Vaporizers shall have, at or near
cated not less than five (5) feet in any the discharge, a safety relief valve pro-
viding an effective rate of discharge in
direction from air openings into sealed
accordance with paragraph (b)(10)(iii)
combustion system appliances or me-
of this section, except as provided in
chanical ventilation air intakes.
paragraph (d)(4)(v)(a), of this section.
(11) Vaporizer and housing. (i) Indirect (f) The heating medium lines into
fired vaporizers utilizing steam, water, and leaving the vaporizer shall be pro-
or other heating medium shall be con- vided with suitable means for pre-
structed and installed as follows: venting the flow of gas into the heat
(a) Vaporizers shall be constructed in systems in the event of tube rupture in
accordance with the requirements of the vaporizer. Vaporizers shall be pro-
paragraph (b)(3) (i)–(iii) of this section vided with suitable automatic means
and shall be permanently marked as to prevent liquid passing through the
follows: vaporizers to the gas discharge piping.
(1) With the code marking signifying (g) The device that supplies the nec-
the specifications to which the vapor- essary heat for producing steam, hot
izer is constructed. water, or other heating medium may
325
be installed in a building, compart- in square feet; the outside surface of

ment, room, or lean-to which shall be the vaporizer in square feet; and the
ventilated near the floorline and roof maximum vaporizing capacity in gal-
to the outside. The device location lons per hour.
shall be separated from all compart- (b)(1) Vaporizers may be connected to
ments or rooms containing liquefied the liquid section or the gas section of
petroleum gas vaporizers, pumps, and the storage container, or both; but in
central gas mixing devices by a wall any case there shall be at the container
designed to withstand a static pressure a manually operated valve in each con-
of at least 100 pounds per square foot. nection to permit completely shutting
This wall shall have no openings or off when desired, of all flow of gas or
pipes or conduit passing through it. liquid from container to vaporizer.
This requirement does not apply to the (2) Vaporizers with capacity not ex-
domestic water heaters which may sup- ceeding 35 gallons per hour shall be lo-
ply heat for a vaporizer in a domestic cated at least 5 feet from container
system. shutoff valves. Vaporizers having ca-
(h) Gas-fired heating systems sup- pacity of more than 35 gallons but not
plying heat exclusively for vaporiza- exceeding 100 gallons per hour shall be
tion purposes shall be equipped with located at least 10 feet from the con-
automatic safety devices to shut off tainer shutoff valves. Vaporizers hav-
the flow of gas to main burners, if the ing a capacity greater than 100 gallons
pilot light should fail. per hour shall be located at least 15
(i) Vaporizers may be an integral part feet from container shutoff valves.
of a fuel storage container directly
(c) Vaporizers may be installed in
connected to the liquid section or gas
buildings, rooms, housings, sheds, or
section or both.
lean-tos used exclusively for vaporizing
(j) Vaporizers shall not be equipped
or mixing of liquefied petroleum gas.
with fusible plugs.
Vaporizing housing structures shall be
(k) Vaporizer houses shall not have
of noncombustible construction, well
unprotected drains to sewers or sump
ventilated near the floorline and the
pits.
(ii) Atmospheric vaporizers employ- highest point of the roof. When vapor-
ing heat from the ground or sur- izer and/or mixing equipment is located
rounding air shall be installed as fol- in a structure or room attached to or
lows: within a building, such structure or
(a) Buried underground, or room shall be separated from the re-
(b) Located inside the building close mainder of the building by a wall de-
to a point at which pipe enters the signed to withstand a static pressure of
building provided the capacity of the at least 100 pounds per square foot.
unit does not exceed 1 quart. This wall shall have no openings or
(c) Vaporizers of less than 1 quart ca- pipes or conduit passing through it.
pacity heated by the ground or sur- Such structure or room shall be pro-
rounding air, need not be equipped with vided with adequate ventilation, and
safety relief valves provided that ade- shall have a roof or at least one exte-
quate tests demonstrate that the as- rior wall of lightweight construction.
sembly is safe without safety relief (d) Vaporizers shall have at or near
valves. the discharge, a safety relief valve pro-
(iii) Direct gas-fired vaporizers shall viding an effective rate of discharge in
be constructed, marked, and installed accordance with paragraph (b)(10)(iii)
as follows: of this section. The relief valve shall be
(a)(1) In accordance with the require- so located as not to be subjected to
ments of the American Society of Me- temperatures in excess of 140 °F.
chanical Engineers Boiler and Pressure (e) Vaporizers shall be provided with
Vessel Code—1968 that are applicable to suitable automatic means to prevent
the maximum working conditions for liquid passing from the vaporizer to the
which the vaporizer is designed. gas discharge piping of the vaporizer.
(2) With the name of the manufac- (f) Vaporizers shall be provided with
turer; rated BTU input to the burner; means for manually turning off the gas
the area of the heat exchange surface to the main burner and pilot.
326
(g) Vaporizers shall be equipped with (e) Tank heaters shall be equipped
automatic safety devices to shut off with an automatic safety device to
the flow of gas to main burners if the shut off the flow of gas to main burn-
pilot light should fail. When the flow ers, if the pilot light should fail. When
through the pilot exceeds 2,000 B.t.u. flow through pilot exceeds 2,000 B.t.u.
per hour, the pilot also shall be per hour, the pilot also shall be
equipped with an automatic safety de- equipped with an automatic safety de-
vice to shut off the flow of gas to the vice to shut off the flow of gas to the
pilot should the pilot flame be extin- pilot should the pilot flame be extin-
guished. guished.
(h) Pressure regulating and pressure (f) Pressure regulating and pressure
reducing equipment if located within 10 reducing equipment if located within 10
feet of a direct fire vaporizer shall be feet of a direct fired tank heater shall
separated from the open flame by a be separated from the open flame by a
substantially airtight noncombustible substantially airtight noncombustible
partition or partitions. partition.
(i) Except as provided in (c) of this (g) The following minimum distances
subdivision, the following minimum shall be maintained between a storage
distances shall be maintained between tank heated by a direct fired tank
direct fired vaporizers and the nearest heater and the nearest important
important building or group of build- building or group of buildings:
ings: Ten feet for storage containers of less than
Ten feet for vaporizers having a capacity of 500 gallons water capacity.
15 gallons per hour or less vaporizing ca- Twenty-five feet for storage containers of 500
pacity. to 1,200 gallons water capacity.
Twenty-five feet for vaporizers having a va- Fifty feet for storage containers of over 1,200
porizing capacity of 16 to 100 gallons per gallons water capacity.
hour. (h) No direct fired tank heater shall
Fifty feet for vaporizers having a vaporizing
capacity exceeding 100 gallons per hour.
raise the product pressure within the
storage container over 75 percent of the
(j) Direct fired vaporizers shall not pressure set out in the second column
raise the product pressure above the of Table H–31.
design pressure of the vaporizer equip- (v) The vaporizer section of vapor-
ment nor shall they raise the product izer-burners used for dehydrators or
pressure within the storage container dryers shall be located outside of build-
above the pressure shown in the second ings; they shall be constructed and in-
column of Table H–31. stalled as follows:
(k) Vaporizers shall not be provided (a) Vaporizer-burners shall have a
with fusible plugs. minimum design pressure of 250 p.s.i.g.
(l) Vaporizers shall not have unpro- with a factor of safety of five.
tected drains to sewers or sump pits. (b) Manually operated positive shut-
(iv) Direct gas-fired tank heaters off valves shall be located at the con-
shall be constructed and installed as tainers to shut off all flow to the va-
follows: porizer-burners.
(a) Direct gas-fired tank heaters, and (c) Minimum distances between stor-
tanks to which they are applied, shall age containers and vaporizer-burners
only be installed above ground. shall be as follows:
(b) Tank heaters shall be perma-
nently marked with the name of the Minimum
Water capacity per container (gallons) distances
manufacturer, the rated B.t.u. input to (feet)
the burner, and the maximum vapor-
Less than 501 ...................................................... 10
izing capacity in gallons per hour. 501 to 2,000 ........................................................ 25
(c) Tank heaters may be an integral Over 2,000 ........................................................... 50
part of a fuel storage container di-
rectly connected to the container liq- (d) The vaporizer section of vapor-
uid section, or vapor section, or both. izer-burners shall be protected by a hy-
(d) Tank heaters shall be provided drostatic relief valve. The relief valve
with a means for manually turning off shall be located so as not to be sub-
the gas to the main burner and pilot. jected to temperatures in excess of 140
327
°F. The start-to-discharge pressure set- TABLE H–27—MAXIMUM PERMITTED FILLING

ting shall be such as to protect the DENSITY—Continued
components involved, but not less than
Above ground containers
250 p.s.i.g. The discharge shall be di-
rected upward and away from compo- Specific gravity 0 to 1,200 Over 1,200 Under
U.S. gals. U.S. gals. ground con-
nent parts of the equipment and away at 60 °F. (15.6 (1,000 imp. (1,000 imp. tainers, all
°C.)
from operating personnel. gal., 4,550 gal., 4,550 capacities
liters) total liters) total
(e) Vaporizer-burners shall be pro- water cap. water cap.
vided with means for manually turning
off the gas to the main burner and 0 .496–0 .503 41 44 45
.504– .510 42 45 46
pilot. .511– .519 43 46 47
(f) Vaporizer-burners shall be .520– .527 44 47 48
equipped with automatic safety devices .528– .536 45 48 49
to shut off the flow of gas to the main .537– .544 46 49 50
.545– .552 47 50 51
burner and pilot in the event the pilot .553– .560 48 51 52
is extinguished. .561– .568 49 52 53
(g) Pressure regulating and control .569– .576 50 53 54
equipment shall be located or pro- .577– .584 51 54 55
.585– .592 52 55 56
tected so that the temperatures sur- .593– .600 53 56 57
rounding this equipment shall not ex-
ceed 140 °F. except that equipment (ii) Except as provided in paragraph
components may be used at higher (b)(12)(iii) of this section, any con-
temperatures if designed to withstand tainer including mobile cargo tanks
such temperatures. and portable tank containers regard-
(h) Pressure regulating and control less of size or construction, shipped
equipment when located downstream of under DOT jurisdiction or constructed
the vaporizer shall be designed to within accordance with 49 CFR chapter I
stand the maximum discharge tem- Specifications shall be charged accord-
perature of the vapor. ing to 49 CFR chapter I requirements.
(i) The vaporizer section of vaporizer- (iii) Portable containers not subject
burners shall not be provided with fusi- to DOT jurisdiction (such as, but not
ble plugs. limited to, motor fuel containers on in-
(j) Vaporizer coils or jackets shall be dustrial and lift trucks, and farm trac-
made of ferrous metal or high tempera- tors covered in paragraph (e) of this
ture alloys. section, or containers recharged at the
(k) Equipment utilizing vaporizer- installation) may be filled either by
burners shall be equipped with auto- weight, or by volume using a fixed
matic shutoff devices upstream and length dip tube gaging device.
downstream of the vaporizer section (13) LP-Gas in buildings. (i) Vapor
connected so as to operate in the event shall be piped into buildings at pres-
of excessive temperature, flame failure, sures in excess of 20 p.s.i.g. only if the
and, if applicable, insufficient airflow. buildings or separate areas thereof, (a)
(12) Filling densities. (i) The ‘‘filling are constructed in accordance with this
density’’ is defined as the percent ratio section; (b) are used excusively to
of the weight of the gas in a container house equipment for vaporization, pres-
to the weight of water the container sure reduction, gas mixing, gas manu-
will hold at 60 °F. All containers shall facturing, or distribution, or to house
be filled according to the filling den- internal combustion engines, industrial
sities shown in Table H–27. processes, research and experimental
TABLE H–27—MAXIMUM PERMITTED FILLING laboratories, or equipment and proc-
DENSITY esses using such gas and having similar
hazard; (c) buildings, structures, or
Above ground containers equipment under construction or un-
0 to 1,200 Over 1,200 Under dergoing major renovation.
Specific gravity
at 60 °F. (15.6 U.S. gals. U.S. gals. ground con- (ii) Liquid may be permitted in build-
(1,000 imp. (1,000 imp. tainers, all
°C.) ings as follows:
gal., 4,550 gal., 4,550 capacities
liters) total liters) total (a) Buildings, or separate areas of

water cap. water cap.
buildings, used exclusively to house
Percent Percent Percent equipment for vaporization, pressure
328
reduction, gas mixing, gas manufac- (6) Where flexible connectors are nec-
turing, or distribution, or to house in- essary for appliance installation, such
ternal combustion engines, industrial connectors shall be as short as prac-
processes, research and experimental ticable and shall comply with para-
laboratories, or equipment and proc- graph (b)(8)(ii) or (9) of this section.
esses using such gas and having similar (7) Release of fuel when any section
hazard; and when such buildings, or of piping or appliances is disconnected
separate areas thereof are constructed shall be minimized by either of the fol-
in accordance with this section. lowing methods:
(b) Buildings, structures, or equip- (i) Using an approved automatic
ment under construction or undergoing quick-closing coupling (a type closing
major renovation provided the tem- in both directions when coupled in the
porary piping meets the following con- fuel line), or
ditions: (ii) Closing the valve nearest to the
(1) Liquid piping inside the building appliance and allowing the appliance
shall conform to the requirements of to operate until the fuel in the line is
paragraph (b)(8) of this section, and consumed.
shall not exceed three-fourths iron pipe (iii) Portable containers shall not be
size. Copper tubing with an outside di- taken into buildings except as provided
ameter of three-fourths inch or less in paragraph (b)(6)(i) of this section.
may be used provided it conforms to (14) Transfer of liquids. The employer
Type K of Specifications for Seamless shall assure that (i) at least one at-
Water Tube, ANSI H23.1–1970 (ASTM tendant shall remain close to the
B88–69) (see Table H–24). All such pip- transfer connection from the time the
ing shall be protected against construc- connections are first made until they
tion hazards. Liquid piping inside are finally disconnected, during the
buildings shall be kept to a minimum. transfer of the product.
Such piping shall be securely fastened (ii) Containers shall be filled or used
to walls or other surfaces so as to pro- only upon authorization of the owner.
vide adequate protection from break- (iii) Containers manufactured in ac-
age and so located as to subject the liq- cordance with specifications of 49 CFR
uid line to lowest ambient tempera- part 178 and authorized by 49 CFR
tures. chapter 1 as a ‘‘single trip’’ or ‘‘non-
(2) A shutoff valve shall be installed refillable container’’ shall not be re-
in each intermediate branch line where filled or reused in LP-Gas service.
it takes off the main line and shall be (iv) Gas or liquid shall not be vented
readily accessible. A shutoff valve shall to the atmosphere to assist in transfer-
also be placed at the appliance end of ring contents of one container to an-
the intermediate branch line. Such other, except as provided in paragraph
shutoff valve shall be upstream of any (e)(5)(iv) of this section and except that
flexible connector used with the appli- this shall not preclude the use of listed
ance. pump utilizing LP-Gas in the vapor
(3) Suitable excess flow valves shall phase as a source of energy and venting
be installed in the container outlet line such gas to the atmosphere at a rate
supplying liquid LP-Gas to the build- not to exceed that from a No. 31 drill
ing. A suitable excess flow valve shall size opening and provided that such
be installed immediately downstream venting and liquid transfer shall be lo-
of each shutoff valve. Suitable excess cated not less than 50 feet from the
flow valves shall be installed where nearest important building.
piping size is reduced and shall be sized (v) Filling of fuel containers for in-
for the reduced size piping. dustrial trucks or motor vehicles from
(4) Hydrostatic relief valves shall be industrial bulk storage containers
installed in accordance with paragraph shall be performed not less than 10 feet
(b)(10)(xii) of this section. from the nearest important masonry-
(5) The use of hose to carry liquid be- walled building or not less than 25 feet
tween the container and the building from the nearest important building or
or at any point in the liquid line, ex- other construction and, in any event,
cept at the appliance connector, shall not less than 25 feet from any building
be prohibited. opening.
329
(vi) Filling of portable containers, (xiii) When necessary, unloading pip-

containers mounted on skids, fuel con- ing or hoses shall be provided with
tainers on farm tractors, or similar ap- suitable bleeder valves for relieving
plications, from storage containers pressure before disconnection.
used in domestic or commercial serv- (xiv) Agricultural air moving equip-
ice, shall be performed not less than 50 ment, including crop dryers, shall be
feet from the nearest important build- shut down when supply containers are
ing. being filled unless the air intakes and
(vii) The filling connection and the sources of ignition on the equipment
vent from the liquid level gages in con- are located 50 feet or more from the
tainers, filled at point of installation, container.
shall not be less than 10 feet in any di- (xv) Agricultural equipment employ-
rection from air openings into sealed ing open flames or equipment with in-
combustion system appliances or me- tegral containers, such as flame cul-
chanical ventilation air intakes. tivators, weed burners, and, in addi-
(viii) Fuel supply containers shall be tion, tractors, shall be shut down dur-
gaged and charged only in the open air ing refueling.
or in buildings especially provided for (15) Tank car or transport truck loading
that purpose. or unloading points and operations. (i)
(ix) The maximum vapor pressure of The track of tank car siding shall be
the product at 100 °F. which may be relatively level.
transferred into a container shall be in (ii) A ‘‘Tank Car Connected’’ sign, as
accordance with paragraphs (d)(2) and covered by DOT rules, shall be in-
(e)(3) of this section. (For DOT con- stalled at the active end or ends of the
tainers use DOT requirements.) siding while the tank car is connected.
(x) Marketers and users shall exercise (iii) While cars are on sidetrack for
precaution to assure that only those loading or unloading, the wheels at
gases for which the system is designed, both ends shall be blocked on the rails.
examined, and listed, are employed in
(iv) The employer shall insure that
its operation, particularly with regard
an employee is in attendance at all
to pressures.
times while the tank car, cars, or
(xi) Pumps or compressors shall be
trucks are being loaded or unloaded.
designed for use with LP-Gas. When
(v) A backflow check valve, excess-
compressors are used they shall nor-
flow valve, or a shutoff valve with
mally take suction from the vapor
means of remote closing, to protect
space of the container being filled and
against uncontrolled discharge of LP-
discharge to the vapor space of the con-
tainer being emptied. Gas from storage tank piping shall be
installed close to the point where the
(xii) Pumping systems, when
liquid piping and hose or swing joint
equipped with a positive displacement
pipe is connected.
pump, shall include a recirculating de-
vice which shall limit the differential (vi) Where practical, the distance of
pressure on the pump under normal op- the unloading or loading point shall
erating conditions to the maximum conform to the distances in subpara-
differential pressure rating of the graph (6)(ii) of this paragraph.
pump. The discharge of the pumping (16) Instructions. Personnel per-
system shall be protected so that pres- forming installation, removal, oper-
sure does not exceed 350 p.s.i.g. If a re- ation, and maintenance work shall be
circulation system discharges into the properly trained in such function.
supply tank and contains a manual (17) Electrical equipment and other
shutoff valve, an adequate secondary sources of ignition. (i) Electrical equip-
safety recirculation system shall be in- ment and wiring shall be of a type
corporated which shall have no means specified by and shall be installed in
of rendering it inoperative. Manual accordance with subpart S of this part,
shutoff valves in recirculation systems for ordinary locations except that fixed
shall be kept open except during an electrical equipment in classified areas

emergency or when repairs are being shall comply with subparagraph (18) of
made to the system. this paragraph.
330
(ii) Open flames or other sources of electrically conductive or electrically

ignition shall not be permitted in va- bonded for protection against static
porizer rooms (except those housing di- electricity.
rect-fired vaporizers), pumphouses, (v) Open flames (except as provided
container charging rooms or other for in paragraph (b)(11) of this section),
similar locations. Direct-fired vapor- cutting or welding, portable electric
izers shall not be permitted in pump- tools, and extension lights capable of
houses or container charging rooms. igniting LP-Gas, shall not be permitted
(iii) Liquefied petroleum gas storage
within classified areas specified in
containers do not require lightning
Table H–28 unless the LP-Gas facilities
protection.
(iv) Since liquefied petroleum gas is have been freed of all liquid and vapor,
contained in a closed system of piping or special precautions observed under
and equipment, the system need not be 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.
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.
4
tion . 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.
331
TABLE H–28—Continued
Equipment shall be
Part Location Extent of classified area 1 suitable for Class 1,
Group D 2
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.
vided in paragraph (b)(19)(v) of this sec-

tion. Each container manufactured
after December 31, 1969, shall have per-
manently attached to the container ad-
jacent to the fixed level gage a mark-
ing showing the percentage full that
will be shown by that gage. When a
variable liquid-level gage is also pro-
vided, the fixed liquid-level gage will
also serve as a means for checking the
variable gage. These gages shall be
used in charging containers as required
in paragraph (b)(12) of this section.
(ii) All variable gaging devices shall
FIGURE H–1 be arranged so that the maximum liq-
(18) Fixed electrical equipment in classi- uid level for butane, for a 50–50 mixture
fied areas. Fixed electrical equipment of butane and propane, and for propane,
and wiring installed within classified to which the container may be charged
areas specified in Table H–28 shall com- is readily determinable. The markings
ply with Table H–28 and shall be in- indicating the various liquid levels
stalled in accordance with subpart S of from empty to full shall be on the sys-
this part. This provision does not apply tem nameplate or gaging device or part
to fixed electrical equipment at resi- may be on the system nameplate and
dential or commercial installations of part on the gaging device. Dials of
LP-Gas systems or to systems covered magnetic or rotary gages shall show
by paragraph (e) or (g) of this section. whether they are for cylindrical or
(19) Liquid-level gaging device. (i) Each spherical containers and whether for
container manufactured after Decem- aboveground or underground service.
ber 31, 1965, and filled on a volumetric The dials of gages intended for use only
basis shall be equipped with a fixed liq- on aboveground containers of over 1,200
uid-level gage to indicate the max- gallons water capacity shall be so
imum permitted filling level as pro- marked.
332
EC27OC91.025
(iii) Gaging devices that require TABLE H–29—VOLUME CORRECTION FACTORS

bleeding of the product to the atmos-
Specific gravity Aboveground Underground
phere, such as the rotary tube, fixed
tube, and slip tube, shall be designed so 0.500 1.033 1.017
that the bleed valve maximum opening .510 1.031 1.016
is not larger than a No. 54 drill size, un- .520 1.029 1.015
.530 1.028 1.014
less provided with excess flow valve. .540 1.026 1.013
(iv) Gaging devices shall have a de- .550 1.025 1.013
sign working pressure of at least 250 .560 1.024 1.012
p.s.i.g. .570 1.023 1.011
.580 1.021 1.011
(v) Length of tube or position of fixed .590 1.020 1.010
liquid-level gage shall be designed to
indicate the maximum level to which (c) The maximum volume of LP-Gas
the container may be filled for the which can be placed in a container
product contained. This level shall be when determining the length of the dip
based on the volume of the product at tube expressed as a percentage of total
40 °F. at its maximum permitted filling water content of the container is cal-
density for aboveground containers and culated by the following formula.
at 50 °F. for underground containers. (d) The maximum weight of LP-Gas
The employer shall calculate the fill- which may be placed in a container for
ing point for which the fixed liquid determining the length of a fixed dip tube
level gage shall be designed according is determined by multiplying the max-
to the method in this subdivision. imum volume of liquefied petroleum
(a) It is impossible to set out in a gas obtained by the formula in para-
table the length of a fixed dip tube for graph (b)(19)(b) of this section by the
various capacity tanks because of the pounds of liquefied petroleum gas in a
varying tank diameters and lengths gallon at 40 °F. for abovegound and at
and because the tank may be installed 50 °F. for underground containers. For
either in a vertical or horizontal posi- example, typical pounds per gallon are
tion. Knowing the maximum permitted specified below:
filling volume in gallons, however, the
length of the fixed tube can be deter- Example: Assume a 100-gallon total water
mined by the use of a strapping table capacity tank for aboveground storage of
obtained from the container manufac- propane having a specific gravity of 0.510 of
60 °F.
turer. The length of the fixed tube [(100 (gals.) × 42 (filling density from subpara-
should be such that when its lower end graph (12) of this paragraph)) ÷ (0.510 ×
touches the surface of the liquid in the 1.031 (correction factor from Table H–29)
container, the contents of the con- × 100)] = (4200 ÷ 52.6)
tainer will be the maximum permitted (4200 ÷ 52.6) = 79.8 gallons propane, the max-
volume as determined by the following imum amount permitted to be placed in
formula: a 100-gallon total water capacity above-
ground container equipped with a fixed
[(Water capacity (gals.) of container* × dip tube.
filling density**) ÷ (Specific gravity [(Maximum volume of LP-Gas (from formula
of LP-Gas* × volume correction fac- in subdivision (b) of this subdivision) ×
tor × 100)] = Maximum volume of 100) ÷ Total water content of container in
LP-Gas gallons] = Maximum percent of LP-Gas
*Measured at 60 °F. Above- Under-
**From subparagraph (12) of this paragraph ground, ground,
‘‘Filling Densities.’’ pounds per pounds per
gallon gallon
For aboveground containers the liquid
temperature is assumed to be 40 °F. and for Propane ......................................... 4.37 4.31
underground containers the liquid tempera- N Butane ....................................... 4.97 4.92
ture is assumed to be 50 °F. To correct the
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
333
place) from the top of container to the (iii) Unattended heaters used inside
end of the dip tube or to the centerline buildings for the purpose of animal or
of the gage when it is located at the poultry production or care shall be
maximum permitted filling level. For equipped with an approved automatic
portable containers that may be filled device designed to shut off the flow of
in the horizontal and/or vertical posi- gas to the main burners, and pilot if
tion the letters ‘‘DT’’ shall be followed used, in the event of flame extinguish-
by ‘‘V’’ with the vertical distance from ment.
the top of the container to the end of (iv) All commercial, industrial, and
the dip tube for vertical filling and agricultural appliances or equipment
with ‘‘H’’ followed by the proper dis- shall be installed in accordance with
tance for horizontal filling. For DOT the requirements of this section and in
containers the stamping shall be placed accordance with the following NFPA
both on the exterior of the gage and on consensus standards, which are incor-
the container. On above-ground or porated by reference as specified in
cargo containers where the gages are § 1910.6:
positioned at specific levels, the mark- (a) Domestic and commercial appli-
ing may be specified in percent of total ances—NFPA 54–1969, Standard for the
tank contents and the marking shall be Installation of Gas Appliances and Gas
stamped on the container. Piping.
(vii) Gage glasses of the columnar (b) Industrial appliances—NFPA 54A–
type shall be restricted to charging 1969, Standard for the Installation of
plants where the fuel is withdrawn in Gas Piping and Gas Equipment on In-
the liquid phase only. They shall be dustrial Premises and Certain Other
equipped with valves having metallic Premises.
handwheels, with excess flow valves, (c) Standard for the Installation and
and with extra-heavy glass adequately Use of Stationary Combustion Engines
protected with a metal housing applied and Gas Turbines—NFPA 37–1970.
by the gage manufacturer. They shall (d) Standard for the Installation of
be shielded against the direct rays of Equipment for the Removal of Smoke
the sun. Gage glasses of the columnar and Grease-Laden Vapors from Com-
type are prohibited on tank trucks, and mercial Cooking Equipment, NFPA 96–
on motor fuel tanks, and on containers 1970.
used in domestic, commercial, and in- (c) Cylinder systems—(1) Application.
dustrial installations. This paragraph applies specifically to
(viii) Gaging devices of the float, or systems utilizing containers con-
equivalent type which do not require structed in accordance with DOT Spec-
flow for their operation and having ifications. All requirements of para-
connections extending to a point out- graph (b) of this section apply to this
side the container do not have to be paragraph unless otherwise noted in
equipped with excess flow valves pro- paragraph (b) of this section.
vided the piping and fittings are ade- (2) Marking of containers. Containers
quately designed to withstand the con- shall be marked in accordance with
tainer pressure and are properly pro- DOT regulations. Additional markings
tected against physical damage and not in conflict with DOT regulations
breakage. may be used.
(20) Requirements for appliances. (i) (3) Description of a system. A system
Except as provided in paragraph shall include the container base or
(b)(20)(ii) of this section, new commer- bracket, containers, container valves,
cial and industrial gas consuming ap- connectors, manifold valve assembly,
pliances shall be approved. regulators, and relief valves.
(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
334
purpose, providing that the container be suitable for use with LP-Gas. Mani-
and regulating equipment are not in folds and fittings connecting con-
contact with the ground and the com- tainers to pressure regulator inlets
partment or recess is drained and ven- shall be designed for at least 250 p.s.i.g.
tilated horizontally to the outside air service pressure.
from its lowest level, with the outlet at (d) Valves on containers having a
least 3 feet away from any building water capacity greater than 50 pounds
opening which is below the level of (nominal 20 pounds LP-Gas capacity)
such outlet. shall be protected while in use.
Except as provided in paragraph (e) Containers shall be marked in ac-
(b)(10)(xiii) of this section, the dis- cordance with paragraph (b)(5)(iii) of
charge from safety relief devices shall this section and paragraph (c)(2) of this
be located not less than 3 feet hori- section.
zontally away from any building open- (f) Pipe or tubing shall conform to
ing which is below the level of such dis- paragraph (b)(8) of this section except
charge and shall not terminate beneath that aluminum pipe or tubing shall not
any building unless such space is well be used.
ventilated to the outside and is not en-
(g)(1) Hose shall be designed for a
closed on more than two sides.
(ii) Containers shall be set upon firm working pressure of at least 250 p.s.i.g.
foundation or otherwise firmly secured; Hose and hose connections shall have
the possible effect on the outlet piping their correctness as to design, con-
of settling shall be guarded against by struction and performance determined
a flexible connection or special fitting. by listing by a nationally recognized
(5) Containers and equipment used in- testing laboratory. The hose length
side of buildings or structures. (i) When may exceed the length specified in
operational requirements make port- paragraph (b)(9)(vii)(b) of this section,
able use of containers necessary and but shall be as short as practicable.
their location outside of buildings or Refer to § 1910.7 for definition of nation-
structure is impracticable, containers ally recognized testing laboratory.
and equipment are permitted to be (2) Hose shall be long enough to per-
used inside of buildings or structures in mit compliance with spacing provi-
accordance with (a) through (l) of this sions of this subparagraph without
subdivision, and, in addition, such kinking or straining or causing hose to
other provisions of this subparagraph be so close to a burner as to be dam-
as are applicable to the particular use aged by heat.
or occupancy. (h) Portable heaters, including sala-
(a) Containers in use shall mean con- manders, shall be equipped with an ap-
nected for use. proved automatic device to shut off the
(b) Systems utilizing containers hav- flow of gas to the main burner, and
ing a water capacity greater than 21⁄2 pilot if used, in the event of flame ex-
pounds (nominal 1 pound LP-Gas ca- tinguishment. Such heaters having in-
pacity) shall be equipped with excess puts above 50,000 B.t.u. manufactured
flow valves. Such excess flow valves on or after May 17, 1967, and such heat-
shall be either integral with the con- ers having inputs above 100,000 B.t.u.
tainer valves or in the connections to manufactured before May 17, 1967, shall
the container valve outlets. In either be equipped with either.
case, an excess flow valve shall be in-
(1) A pilot which must be lighted and
stalled in such a manner that any
proved before the main burner can be
undue strain beyond the excess flow
turned on; or
valve will not cause breakage between
the container and the excess flow (2) An electric ignition system.
valve. The installation of excess flow The provisions of this paragraph (h) do
valves shall take into account the type not apply to tar kettle burners, torch-
of valve protection provided. es, melting pots, nor do they apply to
(c) Regulators, if used, shall be either portable heaters under 7,500 B.t.u.h.
directly connected to the container input when used with containers hav-
valves or to manifolds connected to the ing a maximum water capacity of 21⁄2
container values. The regulator shall pounds. Container valves, connectors,
335
regulators, manifolds, piping, and tub- or to a supporting standard, provided

ing shall not be used as structural sup- they are designed and installed so as to
ports for heaters. prevent direct or radiant heat applica-
(i) Containers, regulating equipment, tion from the heater onto the con-
manifolds, pipe, tubing, and hose shall tainer. Blower and radiant type heaters
be located so as to minimize exposure shall not be directed toward any LP-
to abnormally high temperatures (such Gas container within 20 feet.
as may result from exposure to convec- (c) If two or more heater-container
tion or radiation from heating equip- units, of either the integral or non-
ment or installation in confined integral type, are located in an
spaces), physical damage, or tampering unpartitioned area on the same floor,
by unauthorized persons. the container or containers of each
(j) Heat producing equipment shall be unit shall be separated from the con-
located and used so as to minimize the tainer or containers of any other unit
possibility of ignition of combustibles. by at least 20 feet.
(k) Containers having a water capac- (d) When heaters are connected to
ity greater than 21⁄2 pounds (nominal 1 containers for use in an unpartitioned
pound LP-Gas capacity) connected for area on the same floor, the total water
use, shall stand on a firm and substan- capacity of containers manifolded to-
tially level surface and, when nec- gether for connection to a heater or
essary, shall be secured in an upright heaters shall not be greater than 735
position. pounds (nominal 300 pounds LP-Gas ca-
(l) Containers, including the valve pacity). Such manifolds shall be sepa-
protective devices, shall be installed so rated by at least 20 feet.
as to minimize the probability of im-
(e) On floors on which heaters are not
pingement of discharge of safety relief
connected for use, containers are per-
devices upon containers.
mitted to be manifolded together for
(ii) Containers having a maximum
connection to a heater or heaters on
water capacity of 21⁄2 pounds (nominal 1
another floor, Provided:
pound LP-Gas capacity) are permitted
(1) The total water capacity of con-
to be used inside of buildings as part of
tainers connected to any one manifold
approved self-contained hand torch as-
is not greater than 2,450 pounds (nomi-
semblies or similar appliances.
nal 1,000 pounds LP-Gas capacity) and;
(iii) Containers having a maximum
water capacity of 12 pounds (nominal 5 (2) Where more than one manifold
pounds LP-Gas capacity) are permitted having a total water capacity greater
to be used temporarily inside of build- than 735 pounds (nominal 300 pounds
ings for public exhibition or dem- LP-Gas capacity) are located in the
onstration purposes, including use for same unpartitioned area, they shall be
classroom demonstrations. separated by at least 50 feet.
(iv) [Reserved] (f) Storage of containers awaiting use
(v) Containers are permitted to be shall be in accordance with paragraph
used in buildings or structures under (f) of this section.
construction or undergoing major ren- (vi) Containers are permitted to be
ovation when such buildings or struc- used in industrial occupancies for proc-
tures are not occupied by the public, as essing, research, or experimental pur-
follows: poses as follows:
(a) The maximum water capacity of (a) The maximum water capacity of
individual containers shall be 245 individual containers shall be 245
pounds (nominal 100 pounds LP-Gas ca- pounds (nominal 100 pounds LP-Gas ca-
pacity). pacity).
(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.
336
(c) The amount of LP-Gas in con- transit, in storage, and while being
tainers for research and experimental moved into final utilization, as follows:
use shall be limited to the smallest (a) By setting into the recess of the
practical quantity. container to prevent the possibility of
(vii)(a) Containers are permitted to their being struck if the container is
be used in industrial occupancies with dropped upon a flat surface, or
essentially noncombustible contents (b) By ventilated cap or collar, fas-
where portable equipment for space tened to the container capable of with-
heating is essential and where a perma- standing a blow from any direction
nent heating installation is not prac- equivalent to that of a 30-pound weight
tical, as follows: dropped 4 feet. Construction must be
(b) Containers and heaters shall com- such that a blow will not be trans-
ply with and be used in accordance mitted to the valve or other connec-
with paragraph (c)(5)(v) of this section. tion.
(viii) Containers are permitted to be (iv) When containers are not con-
used in buildings for temporary emer- nected to the system, the outlet valves
gency heating purposes, if necessary to shall be kept tightly closed or plugged,
prevent damage to the buildings or even though containers are considered
contents, when the permanent heating empty.
system is temporarily out of service, as (v) Containers having a water capac-
follows:
ity in excess of 50 pounds (approxi-
(a) Containers and heaters shall com-
mately 21 pounds LP-Gas capacity), re-
ply with and be used in accordance
charged at the installation, shall be
with paragraph (c)(5)(v) of this section.
provided with excess flow or backflow
(b) The temporary heating equipment
check valves to prevent the discharge
shall not be left unattended.
of container contents in case of failure
(ix) Containers are permitted to be
used temporarily in buildings for train- of the filling or equalizing connection.
ing purposes related in installation and (7) Safety devices. (i) Containers shall
use of LP-Gas systems, as follows: be provided with safety devices as re-
(a) The maximum water capacity of quired by DOT regulations.
individual containers shall be 245 (ii) A final stage regulator of an LP-
pounds (nominal 100 pounds LP-Gas ca- Gas system (excluding any appliance
pacity), but the maximum quantity of regulator) shall be equipped on the low-
LP-Gas that may be placed in each pressure side with a relief valve which
container shall be 20 pounds. is set to start to discharge within the
(b) If more than one such container is limits specified in Table H–30.
located in the same room, the con-
tainers shall be separated by at least 20 TABLE H–30
feet. Relief valve start-to-dis-
(6) Container valves and accessories. (i) charge pressure setting
(percent of regulator
Valves in the assembly of multiple con- Regulator delivery pressure delivery pressure)
tainer systems shall be arranged so
Minimum Maximum
that replacement of containers can be
made without shutting off the flow of 1 p.s.i.g. or less ............................. 200 300
gas in the system. Above 1 p.s.i.g. but not over 3
p.s.i.g ......................................... 140 200
NOTE: This provision is not to be construed Above 3 p.s.i.g .............................. 125 200
as requiring an automatic changeover de-
vice. (iii) When a regulator or pressure re-
(ii) Regulators and low-pressure relief valve is used inside a building for
lief devices shall be rigidly attached to other than purposes specified in para-
the cylinder valves, cylinders, sup- graphs (b)(6)(i) (a)–(g) of this section,
porting standards, the building walls or the relief valve and the space above the
otherwise rigidly secured and shall be regulator and relief valve diaphragms
so installed or protected that the ele- shall be vented to the outside air with
ments (sleet, snow, or ice) will not af- the discharge outlet located not less
fect their operation. than 3 feet horizontally away from any

(iii) Valves and connections to the building opening which is below such
containers shall be protected while in discharge. These provisions do not
337
apply to individual appliance regu- located inside a building. For con-

lators when protection is otherwise tainers with a water capacity of 125
provided nor to paragraph (c)(5) of this gallons or more, such terminals shall
section and paragraph (b)(10)(xiii) of be located not less than 10 feet from
this section. In buildings devoted ex- any building (see paragraph (b)(6)(ii) of
clusively to gas distribution purposes, this section), and preferably not less
the space above the diaphragm need than 5 feet from any driveway, and
not be vented to the outside. shall be located in a protective housing
(8) Reinstallation of containers. Con- built for the purpose.
tainers shall not be reinstalled unless (ii) The filling connection shall be
they are requalified in accordance with fitted with one of the following:
DOT regulations. (a) Combination back-pressure check
(9) Permissible product. A product valve and excess flow valve.
shall not be placed in a container (b) One double or two single back-
marked with a service pressure less pressure check valves.
than four-fifths of the maximum vapor (c) A positive shutoff valve, in con-
pressure of product at 130 °F. junction with either:
(d) Systems utilizing containers other (1) An internal back-pressure valve,
than DOT containers—(1) Application. or
This paragraph applies specifically to (2) An internal excess flow valve.
systems utilizing storage containers (iii) All openings in a container shall
other than those constructed in accord- be equipped with approved automatic
ance with DOT specifications. Para- excess flow valves except in the fol-
graph (b) of this section applies to this lowing: Filling connections as provided
paragraph unless otherwise noted in in paragraph (d)(3)(ii) of this section;
paragraph (b) of this section. safety relief connections, liquid-level
(2) Design pressure and classification of gaging devices as provided in para-
storage containers. Storage containers graphs (b)(7)(iv), (19)(iii), and (19)(viii)
shall be designed and classified in ac- of this section; pressure gage connec-
cordance with Table H–31. tions as provided in paragraph (b)(7)(v)
of this section, as provided in para-
TABLE H–31 graphs (d) (iv), (vi), and (vii) of this
Minimum design pressure of con- section.
tainer, lb. per sq. in. gage (iv) An excess flow valve is not re-
For gases
with vapor 1949 edition of ASME quired in the withdrawal service line
press. Not 1949 and Code (Par. U–200, providing the following are complied
Con- to exceed earlier edi- U–201); 1950, 1952,
tainer with:
type lb. per sq. tions of 1956, 1959, 1962,
in. gage at ASME 1965, and 1968 (Divi- (a) Such systems’ total water capac-
100 °F. Code (Par. sion 1) editions of
(37.8 °C.) U–68, U– ASME Code; All edi- ity does not exceed 2,000 U.S. gallons.
69) tions of API-ASME (b) The discharge from the service
Code 3
outlet is controlled by a suitable
1 80 1 80 1 80 1 100
manually operated shutoff valve which
100 100 100 125 is:
125 125 125 156
150 150 150 187 (1) Threaded directly into the service
175 175 175 219 outlet of the container; or
2 200 215 200 250 (2) Is an integral part of a substantial
1 New storage containers of the 80 type have not been au-
fitting threaded into or on the service
thorized since Dec. 31, 1947.
2 Container type may be increased by increments of 25. outlet of the container; or
The minimum design pressure of containers shall be 100% of (3) Threaded directly into a substan-
the container type designation when constructed under 1949
or earlier editions of the ASME Code (Par. U–68 and U–69). tial fitting threaded into or on the
The minimum design pressure of containers shall be 125% of service outlet of the container.
the container type designation when constructed under: (1)
the 1949 ASME Code (Par. U–200 and U–201), (2) 1950, (c) The shutoff valve is equipped with
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
Code. lent.
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-
338
eighth inch in diameter for liquid with- protection against physical damage
drawal systems. and such discharge pipes shall be fitted
(e) An approved pressure-reducing with loose raincaps. Return bends and
regulator is directly attached to the restrictive pipefittings shall not be
outlet of the shutoff valve and is rig- permitted.
idly supported, or that an approved (d) If desired, discharge lines from
pressure-reducing regulator is attached two or more safety relief devices lo-
to the outlet of the shutoff valve by cated on the same unit, or similar lines
means of a suitable flexible connection, from two or more different units, may
provided the regulator is adequately be run into a common discharge head-
supported and properly protected on or
er, provided that the cross-sectional
at the tank.
area of such header be at least equal to
(v) All inlet and outlet connections
except safety relief valves, liquid level the sum of the cross-sectional area of
gaging devices and pressure gages on the individual discharge lines, and that
containers of 2,000 gallons water capac- the setting of safety relief valves are
ity, or more, and on any container used the same.
to supply fuel directly to an internal (e) Each storage container of over
combustion engine, shall be labeled to 2,000 gallons water capacity shall be
designate whether they communicate provided with a suitable pressure gage.
with vapor or liquid space. Labels may (f) A final stage regulator of an LP-
be on valves. Gas system (excluding any appliance
(vi) In lieu of an excess flow valve regulator) shall be equipped on the low-
openings may be fitted with a quick- pressure side with a relief valve which
closing internal valve which, except is set to start to discharge within the
during operating periods shall remain limits specified in Table H–30.
closed. The internal mechanism for (g) When a regulator or pressure re-
such valves may be provided with a lief valve is installed inside a building,
secondary control which shall be the relief valve and the space above the
equipped with a fusible plug (not over regulator and relief valve diaphragms
220 °F. melting point) which will cause
shall be vented to the outside air with
the internal valve to close automati-
the discharge outlet located not less
cally in case of fire.
(vii) Not more than two plugged than 3 feet horizontally away from any
openings shall be permitted on a con- opening into the building which is
tainer of 2,000 gallons or less water ca- below such discharge. (These provisions
pacity. do not apply to individual appliance
(viii) Containers of 125 gallons water regulators when protection is other-
capacity or more manufactured after wise provided. In buildings devoted ex-
July 1, 1961, shall be provided with an clusively to gas distribution purposes,
approved device for liquid evacuation, the space above the diaphragm need
the size of which shall be three-fourths not be vented to the outside.)
inch National Pipe Thread minimum. A (ii) Safety devices for aboveground
plugged opening will not satisfy this containers shall be provided as follows:
requirement. (a) Containers of 1,200 gallons water
(4) Safety devices. (i) All safety de- capacity or less which may contain liq-
vices shall comply with the following: uid fuel when installed above ground
(a) All container safety relief devices shall have the rate of discharge re-
shall be located on the containers and quired by paragraph (b)(10)(ii) of this
shall have direct communication with section provided by a spring-loaded re-
the vapor of space of the container. lief valve or valves. In addition to the
(b) In industrial and gas manufac- required spring-loaded relief valve(s),
turing plants, discharge pipe from safe-
suitable fuse plug(s) may be used pro-
ty relief valves on pipe lines within a
vided the total discharge area of the
building shall discharge vertically up-
ward and shall be piped to a point out- fuse plug(s) for each container does not
side a building. exceed 0.25 square inch.

(c) Safety relief device discharge ter- (b) The fusible metal of the fuse plugs
minals shall be so located as to provide shall have a yield temperature of 208
339
°F. minimum and 220 °F. maximum. Re- containers when determining the rate
lief valves and fuse plugs shall have di- of discharge requirement of the relief
rect communication with the vapor valves.
space of the container. (iv) On underground containers of
(c) On a container having a water ca- more than 2,000 gallons water capacity,
pacity greater than 125 gallons, but not the discharge from safety relief devices
over 2,000 gallons, the discharge from shall be piped vertically and directly
the safety relief valves shall be vented upward to a point at least 7 feet above
away from the container vertically up- the ground.
wards and unobstructed to the open air Where there is a probability of the
in such a manner as to prevent any im- manhole or housing becoming flooded,
pingement of escaping gas upon the the discharge from regulator vent lines
container; loose-fitting rain caps shall shall be above the highest probable
be used. Suitable provision shall be water level. All manholes or housings
made for draining condensate which shall be provided with ventilated
may accumulate in the relief valve or louvers or their equivalent, the area of
its discharge pipe. such openings equaling or exceeding
(d) On containers of 125 gallons water the combined discharge areas of the
capacity or less, the discharge from safety relief valves and other vent lines
safety relief devices shall be located which discharge their content into the
not less than 5 feet horizontally away manhole housing.
from any opening into the building (v) Safety devices for vaporizers shall
below the level of such discharge. be provided as follows:
(e) On a container having a water ca- (a) Vaporizers of less than 1 quart
pacity greater than 2,000 gallons, the total capacity, heated by the ground or
discharge from the safety relief valves the surrounding air, need not be
shall be vented away from the con- equipped with safety relief valves pro-
tainer vertically upwards to a point at vided that adequate tests certified by
least 7 feet above the container, and any of the authorities referred to in
unobstructed to the open air in such a paragraph (b)(2) of this section, dem-
manner as to prevent any impingement onstrate that the assembly is safe
of escaping gas upon the container; without safety relief valves.
loose-fitting rain caps shall be used. (b) No vaporizer shall be equipped
Suitable provision shall be made so with fusible plugs.
that any liquid or condensate that may (c) In industrial and gas manufac-
accumulate inside of the safety relief turing plants, safety relief valves on
valve or its discharge pipe will not vaporizers within a building shall be
render the valve inoperative. If a drain piped to a point outside the building
is used, a means shall be provided to and be discharged upward.
protect the container, adjacent con- (5) Reinstallation of containers. Con-
tainers, piping, or equipment against tainers may be reinstalled if they do
impingement of flame resulting from not show any evidence of harmful ex-
ignition of product escaping from the ternal corrosion or other damage.
drain. Where containers are reinstalled un-
(iii) On all containers which are in- derground, the corrosion resistant
stalled underground and which contain coating shall be put in good condition
no liquid fuel until buried and covered, (see paragraph (c)(7)(vi) of this sec-
the rate of discharge of the spring-load- tion). Where containers are reinstalled
ed relief valve installed thereon may be above ground, the safety devices and
reduced to a minimum of 30 percent of gaging devices shall comply with para-
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)
340
of this section, shall be provided with hicular traffic or other causes, then it
substantial masonry or noncombus- shall be:
tible structural supports on firm ma- (a) Placed not less than 2 feet below
sonry foundation. grade, or
(ii) Aboveground containers shall be (b) Otherwise protected against such
supported as follows: physical damage.
(a) Horizontal containers shall be It will not be necessary to cover the
mounted on saddles in such a manner portion of the container to which man-
as to permit expansion and contrac- hole and other connections are affixed;
tion. Structural metal supports may be however, where necessary, protection
employed when they are protected shall be provided against vehicular
against fire in an approved manner. damage. When necessary to prevent
Suitable means of preventing corrosion floating, containers shall be securely
shall be provided on that portion of the anchored or weighted.
container in contact with the founda- (vi)(a) Containers shall be given a
tions or saddles. protective coating before being placed
(b) Containers of 2,000 gallons water under ground. This coating shall be
capacity or less may be installed with equivalent to hot-dip galvanizing or to
nonfireproofed ferrous metal supports two coatings of red lead followed by a
if mounted on concrete pads or foot- heavy coating of coal tar or asphalt. In
ings, and if the distance from the out- lowering the container into place, care
side bottom of the container shell to shall be exercised to prevent damage to
the concrete pad, footing, or the the coating. Any damage to the coat-
ground does not exceed 24 inches. ing shall be repaired before backfilling.
(iii) Any container may be installed (b) Containers shall be set on a firm
with nonfireproofed ferrous metal sup- foundation (firm earth may be used)
ports if mounted on concrete pads or and surrounded with earth or sand
footings, and if the distance from the firmly tamped in place.
outside bottom of the container to the (vii) Containers with foundations at-
ground does not exceed 5 feet, provided tached (portable or semiportable con-
the container is in an isolated location. tainers with suitable steel ‘‘runners’’
(iv) Containers may be partially bur- or ‘‘skids’’ and popularly known in the
ied providing the following require- industry as ‘‘skid tanks’’) shall be de-
ments are met: signed, installed, and used in accord-
(a) The portion of the container ance with these rules subject to the fol-
below the surface and for a vertical dis- lowing provisions:
tance not less than 3 inches above the (a) If they are to be used at a given
surface of the ground is protected to general location for a temporary period
resist corrosion, and the container is not to exceed 6 months they need not
protected against settling and corro- have fire-resisting foundations or sad-
sion as required for fully buried con- dles but shall have adequate ferrous
tainers. metal supports.
(b) Spacing requirements shall be as (b) They shall not be located with the
specified for underground tanks in outside bottom of the container shell
paragraph (b)(6)(ii) of this section. more than 5 feet above the surface of
(c) Relief valve capacity shall be as the ground unless fire-resisting sup-
required for aboveground containers. ports are provided.
(d) Container is located so as not to (c) The bottom of the skids shall not
be subject to vehicular damage, or is be less than 2 inches or more than 12
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
341
or leakage of connections if the con- opening through which there can be a

tainer settles, moves, or is otherwise flow from safety relief valves shall be
displaced. at least 4 inches above the container
(f) Skids, or lugs for attachment of and this opening shall be located in the
skids, shall be secured to the container dome or housing. Underground systems
in accordance with the code or rules shall be so installed that all the above
under which the container is designed openings, including the regulator vent,
and built (with a minimum factor of are located above the normal max-
safety of four) to withstand loading in imum water table.
any direction equal to four times the (iii) All connections to underground
weight of the container and attach- containers shall be located within a
ments when filled to the maximum per- substantial dome, housing, or manhole
missible loaded weight. and with access thereto protected by a
(viii) Field welding where necessary substantial cover.
shall be made only on saddle plates or (9) Drips for condensed gas. Where va-
brackets which were applied by the porized gas on the low-pressure side of
manufacturer of the tank. the system may condense to a liquid at
(ix) For aboveground containers, se- normal operating temperatures and
cure anchorage or adequate pier height pressures, suitable means shall be pro-
shall be provided against possible con- vided for revaporization of the conden-
tainer flotation wherever sufficiently sate.
high floodwater might occur.
(10) Damage from vehicles. When dam-
(x) When permanently installed con-
age to LP-Gas systems from vehicular
tainers are interconnected, provision
traffic is a possibility, precautions
shall be made to compensate for expan-
against such damage shall be taken.
sion, contraction, vibration, and set-
(11) Drains. No drains or blowoff lines
tling of containers, and inter-
shall be directed into or in proximity
connecting piping. Where flexible con-
to sewer systems used for other pur-
nections are used, they shall be of an
poses.
approved type and shall be designed for
a bursting pressure of not less than five (12) General provisions applicable to
times the vapor pressure of the product systems in industrial plants (of 2,000 gal-
at 100 °F. The use of nonmetallic hose lons water capacity and more) and to bulk
is prohibited for permanently inter- filling plants. (i) When standard watch
connecting such containers. service is provided, it shall be extended
(xi) Container assemblies listed for to the LP-Gas installation and per-
interchangeable installation above sonnel properly trained.
ground or under ground shall conform (ii) If loading and unloading are nor-
to the requirements for aboveground mally done during other than daylight
installations with respect to safety re- hours, adequate lights shall be pro-
lief capacity and filling density. For vided to illuminate storage containers,
installation above ground all other re- control valves, and other equipment.
quirements for aboveground installa- (iii) Suitable roadways or means of
tions shall apply. For installation access for extinguishing equipment
under ground all other requirements such as wheeled extinguishers or fire
for underground installations shall department apparatus shall be pro-
apply. vided.
(8) Protection of container accessories. (iv) To minimize trespassing or tam-
(i) Valves, regulating, gaging, and pering, the area which includes con-
other container accessory equipment tainer appurtenances, pumping equip-
shall be protected against tampering ment, loading and unloading facilities,
and physical damage. Such accessories and cylinder-filling facilities shall be
shall also be so protected during the enclosed with at least a 6-foot-high in-
transit of containers intended for industrial type fence unless otherwise
stallation underground. adequately protected. There shall be at
(ii) On underground or combination least two means of emergency access.
aboveground-underground containers, (13) Container-charging plants. (i) The

the service valve handwheel, the ter- container-charging room shall be lo-
minal for connecting the hose, and the cated not less than:
342
(a) Ten feet from bulk storage con- hose line with a combination fog noz-
tainers. zle. A shelter shall be provided to pro-
(b) [Reserved] tect the hose and its conveyor from the
(ii) Tank truck filling station outlets weather.
shall be located not less than: (15) [Reserved]
(a) [Reserved] (16) Lighting. Electrical equipment
(b) Ten feet from pumps and compres- and installations shall conform to
sors if housed in one or more separate paragraphs (b) (17) and (18) of this sec-
buildings. tion.
(iii) The pumps or compressors may (17) Vaporizers for internal combustion
be located in the container-charging engines. The provisions of paragraph
room or building, in a separate build- (e)(8) of this section shall apply.
ing, or outside of buildings. When (18) Gas regulating and mixing equip-
housed in a separate building, such ment for internal combustion engines. The
building (a small noncombustible provisions of paragraph (e)(9) of this
weather cover is not to be construed as section shall apply.
a building) shall be located not less (e) Liquefied petroleum gas as a motor
than: fuel—(1) Application. (i) This paragraph
(a) Ten feet from bulk storage tanks. applies to internal combustion engines,
(b) [Reserved] fuel containers, and pertinent equip-
(c) Twenty-five feet from sources of ment for the use of liquefied petroleum
ignition. gases as a motor fuel on easily mov-
(iv) When a part of the container- able, readily portable units including
charging building is to be used for a self-propelled vehicles.
boiler room or where open flames or (ii) Fuel containers and pertinent
similar sources of ignition exist or are equipment for internal combustion en-
employed, the space to be so occupied gines using liquefied petroleum gas
shall be separated from container where installation is of the stationary
charging room by a partition wall or type are covered by paragraph (d) of
walls of fire-resistant construction this section. This paragraph does not
continuous from floor to roof or ceil- apply to containers for transportation
ing. Such separation walls shall be of liquefied petroleum gases nor to ma-
without openings and shall be joined to rine fuel use. All requirements of para-
the floor, other walls, and ceiling or graph (b) of this section apply to this
roof in a manner to effect a permanent paragraph, unless otherwise noted in
gas-tight joint. paragraph (b) of this section.
(v) Electrical equipment and installa- (2) General. (i) Fuel may be used from
tions shall conform with paragraphs (b) the cargo tank of a truck while in tran-
(17) and (18) of this section. sit, but not from cargo tanks on trail-
(14) Fire protection. (i) Each bulk ers or semitrailers. The use of fuel
plant shall be provided with at least from the cargo tanks to operate sta-
one approved portable fire extinguisher tionary engines is permitted providing
having a minimum rating of 12–B, C. wheels are securely blocked.
(ii) In industrial installations involv- (ii) Passenger-carrying vehicles shall
ing containers of 150,000 gallons aggre- not be fueled while passengers are on
gate water capacity or more, provision board.
shall be made for an adequate supply of (iii) Industrial trucks (including lift
water at the container site for fire pro- trucks) equipped with permanently
tection in the container area, unless mounted fuel containers shall be
other adequate means for fire control charged outdoors. Charging equipment
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.
343
(v) Engines on vehicles shall be shut containers on passenger-carrying vehi-

down while fueling if the fueling oper- cles shall be installed as far from the
ation involves venting to the atmos- engine as is practicable, and the pas-
phere. senger space and any space containing
(3) Design pressure and classification of radio equipment shall be sealed from
fuel containers. (i) Except as covered in the container space to prevent direct
paragraphs (e)(3) (ii) and (iii) of this seepage of gas to these spaces. The con-
section, containers shall be in accord- tainer compartment shall be vented to
ance with Table H–32. the outside. In case the fuel container
(ii) Fuel containers for use in indus- is mounted near the engine or the ex-
trial trucks (including lift trucks) haust system, the container shall be
shall be either DOT containers author- shielded against direct heat radiation.
ized for LP-Gas service having a min- (ii) Containers shall be installed with
imum service pressure of 240 p.s.i.g. or as much clearance as practicable but
minimum Container Type 250. Under never less than the minimum road
1950 and later ASME codes, this means clearance of the vehicle under max-
a 312.5–p.s.i.g. design pressure con- imum spring deflection. This minimum
tainer. clearance shall be to the bottom of the
TABLE H–32 container or to the lowest fitting on
the container or housing, whichever is
Minimum design pressure of con- lower.
tainer, lb. per sq. in. gage
For gases (iii) Permanent and removable fuel
with vapor 1949 edition of ASME containers shall be securely mounted
press. Not 1949 and Code (Par. U–200,
Con- to exceed earlier edi- U–201); 1950, 1952, to prevent jarring loose, slipping, or ro-
tainer lb. per sq. tions of 1956, 1959, 1962, tating, and the fastenings shall be de-
type in. gage at ASME 1965, and 1968 (Divi-
100 °F. Code (Par. sion 1) editions of signed and constructed to withstand
(37.8 °C.) U–68, U– ASME Code; All edi- static loading in any direction equal to
69) tions of API-ASME
Code 2 twice the weight of the tank and at-
1 200
tachments when filled with fuel using a
215Z 200 250
safety factor of not less than four
1 Container type may be increased by increments of 25.
The minimum design pressure of containers shall be 100% of
based on the ultimate strength of the
the container type designation when constructed under 1949 material to be used. Field welding,
or earlier editions of the ASME Code (Par. U–68 and U–69). when necessary, shall be made only on
The minimum design pressure of containers shall be 125% of
the container type designation when constructed under: (1) saddle plates, lugs or brackets, origi-
the 1949 ASME Code (Par. U–200 and U–201), (2) 1950, nally attached to the container by the
1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions
of the ASME Code, and (3) all editions of the API-ASME tank manufacturer.
Code.
2 Construction of containers under the API-ASME Code is (iv) Fuel containers on buses shall be
not authorized after July 1, 1961. permanently installed.
(iii) Containers manufactured and (v) Containers from which vapor only
maintained under DOT specifications is to be withdrawn shall be installed
and regulations may be used as fuel and equipped with suitable connections
containers. When so used they shall to minimize the accidental withdrawal
conform to all requirements of this of liquid.
paragraph. (5) Valves and accessories. (i) Con-
(iv) All container inlets and outlets tainer valves and accessories shall have
except safety relief valves and gaging a rated working pressure of at least 250
devices shall be labeled to designate p.s.i.g., and shall be of a type suitable
whether they communicate with vapor for liquefied petroleum gas service.
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.
344
(iii) With the exceptions of paragraph the fuel system to minimize the escape
(e)(5)(iv)(c) of this section, filling con- of fuel when the containers are ex-
nections equipped with approved auto- changed. This may be accomplished by
matic back-pressure check valves, and either of the following methods:
safety relief valves, all connections to (1) Using an approved automatic
containers having openings for the flow quick-closing coupling (a type closing
of gas in excess of a No. 54 drill size in both directions when uncoupled) in
shall be equipped with approved auto- the fuel line, or
matic excess flow valves to prevent dis- (2) Closing the valve at the fuel con-
charge of content in case connections tainer and allowing the engine to run
are broken. until the fuel in the line is consumed.
(iv) Liquid-level gaging devices: (6) Piping—including pipe, tubing, and
(a) Variable liquid-level gages which fittings. (i) Pipe from fuel container to
require the venting of fuel to the at- first-stage regulator shall be not less
mosphere shall not be used on fuel con- than schedule 80 wrought iron or steel
tainers of industrial trucks (including (black or galvanized), brass or copper;
lift trucks). or seamless copper, brass, or steel tub-
(b) On portable containers that may ing. Steel tubing shall have a min-
be filled in the vertical and/or hori- imum wall thickness of 0.049 inch.
zontal position, the fixed liquid-level Steel pipe or tubing shall be ade-
gage must indicate maximum per- quately protected against exterior cor-
mitted filling level for both vertical rosion. Copper tubing shall be types K
and horizontal filling with the con- or L or equivalent having a minimum
tainer oriented to place the safety re- wall thickness of 0.032 inch. Approved
lief valve in communication with the flexible connections may be used be-
vapor space. tween container and regulator or be-
(c) In the case of containers used tween regulator and gas-air mixer
solely in farm tractor service, and within the limits of approval. The use
charged at a point at least 50 feet from of aluminum pipe or tubing is prohib-
any important building, the fixed liq- ited. In the case of removable con-
uid-level gaging device may be so containers an approved flexible connection
structed that the outward flow of con- shall be used between the container
tainer content exceeds that passed by a and the fuel line.
No. 54 drill size opening, but in no case (ii) All piping shall be installed,
shall the flow exceed that passed by a braced, and supported so as to reduce
No. 31 drill-size opening. An excess flow to a minimum the possibility of vibra-
valve is not required. Fittings equipped tion strains or wear.
with such restricted drill size opening (7) Safety devices. (i) Spring-loaded in-
and container on which they are used ternal type safety relief valves shall be
shall be marked to indicate the size of used on all motor fuel containers.
the opening. (ii) The discharge outlet from safety
(d) All valves and connections on relief valves shall be located on the
containers shall be adequately pro- outside of enclosed spaces and as far as
tected to prevent damage due to acci- practicable from possible sources of ig-
dental contact with stationary objects nition, and vented upward within 45 de-
or from loose objects thrown up from grees of the vertical in such a manner
the road, and all valves shall be safe- as to prevent impingement of escaping
guarded against damage due to colli- gas upon containers, or parts of vehi-
sion, overturning or other accident. cles, or on vehicles in adjacent lines of
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
345
be able to withstand the pressure re- reducing equipment shall be installed

sulting from the discharge of vapor in a secure manner between the fuel
when the safety relief valve is in the supply container and gas-air mixer for
full open position. When flexibility is the purpose of reducing the pressure of
necessary, flexible metal hose or tub- the fuel delivered to the gas-air mixer.
ing shall be used. (ii) An approved automatic shutoff
(iv) Portable containers equipped for valve shall be provided in the fuel sys-
volumetric filling may be filled in ei- tem at some point ahead of the inlet of
ther the vertical or horizontal position the gas-air mixer, designed to prevent
only when oriented to place the safety flow of fuel to the mixer when the igni-
relief valve in communication with the tion is off and the engine is not run-
vapor space. ning. In the case of industrial trucks
(v) Paragraph (b)(10)(xii) of this sec- and engines operating in buildings
tion for hydrostatic relief valves shall other than those used exclusively to
apply. house engines, the automatic shutoff
(8) Vaporizers. (i) Vaporizers and any valve shall be designed to operate if the
part thereof and other devices that engine should stop. Atmospheric type
may be subjected to container pressure regulators (zero governors) shall be
shall have a design pressure of at least considered adequate as an automatic
250 p.s.i.g. shutoff valve only in cases of outdoor
(ii) Each vaporizer shall have a valve operation such as farm tractors, con-
or suitable plug which will permit sub- struction equipment, irrigation pump
stantially complete draining of the va- engines, and other outdoor stationary
porizer. It shall be located at or near engine installations.
the lowest portion of the section occu- (iii) The source of the air for combus-
pied by the water or other heating me- tion shall be completely isolated from
dium. the passenger compartment, ven-
(iii) Vaporizers shall be securely fas-
tilating system, or air-conditioning
tened so as to minimize the possibility
system.
of becoming loosened.
(10) [Reserved]
(iv) Each vaporizer shall be perma-
nently marked at a visible point as fol- (11) Stationary engines in buildings.
lows: Stationary engines and gas turbines in-
(a) With the design pressure of the stalled in buildings, including portable
fuel-containing portion in p.s.i.g. engines used instead of or to supple-
(b) With the water capacity of the ment stationary engines, shall comply
fuel-containing portion of the vapor- with the Standard for the Institution
izer in pounds. and Use of Stationary Combustion En-
(v) Devices to supply heat directly to gines and Gas Turbines, NFPA 37–1970,
a fuel container shall be equipped with and the appropriate provisions of para-
an automatic device to cut off the sup- graphs (b), (c), and (d) of this section.
ply of heat before the pressure inside (12) Portable engines in buildings. (i)
the fuel container reaches 80 percent of Portable engines may be used in build-
the start to discharge pressure setting ings only for emergency use, except as
of the safety relief device on the fuel provided by subparagraph (11) of this
container. paragraph.
(vi) Engine exhaust gases may be (ii) Exhaust gases shall be discharged
used as a direct source of heat supply to outside the building or to an area
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.
346
(v) The capacity of LP-Gas con- (a) By setting into recess of con-
tainers used with such engines shall tainer to prevent the possibility of
comply with the applicable occupancy their being struck if the container is
provision of paragraph (c)(5) of this sec- dropped upon a flat surface, or
tion. (b) By ventilated cap or collar, fas-
(13) Industrial trucks inside buildings. tened to container capable of with-
(i) LP-Gas-fueled industrial trucks are standing blow from any direction
permitted to be used in buildings and equivalent to that of a 30-pound weight
structures. dropped 4 feet. Construction must be
(ii) No more than two LP-Gas con- such that a blow will not be trans-
tainers shall be used on an industrial mitted to a valve or other connection.
truck for motor fuel purposes. (iv) The outlet valves of containers in
(iii)–(iv) [Reserved] storage shall be closed.
(v) Industrial trucks shall not be (v) Empty containers which have
parked and left unattended in areas of been in LP-Gas service when stored in-
possible excessive heat or sources of ig- side, shall be considered as full con-
nition. tainers for the purpose of determining
the maximum quantity of LP-Gas per-
(14) Garaging LP-Gas-fueled vehicles.
mitted by this paragraph.
(i) LP-Gas-fueled vehicles may be
(3) [Reserved]
stored or serviced inside garages pro-
(4) Storage within buildings not fre-
vided there are no leaks in the fuel sys-
quented by the public (such as industrial
tem and the fuel tanks are not filled
buildings). (i) The quantity of LP-Gas
beyond the maximum filling capacity
stored shall not exceed 300 pounds (ap-
specified in paragraph (b)(12)(i) of this
proximately 2,550 cubic feet in vapor
section.
form) except as provided in subpara-
(ii) LP-Gas-fueled vehicles being re- graph (5) of this paragraph.
paired in garages shall have the con- (ii) Containers carried as a part of
tainer shutoff valve closed except when service equipment on highway mobile
fuel is required for engine operation. vehicles are not to be considered in the
(iii) Such vehicles shall not be total storage capacity in subdivision (i)
parked near sources of heat, open of this subparagraph provided such ve-
flames, or similar sources of ignition hicles are stored in private garages,
or near open pits unless such pits are and are limited to one container per
adequately ventilated. vehicle with an LP-Gas capacity of not
(f) Storage of containers awaiting use or more than 100 pounds. All container
resale—(1) Application. This paragraph valves shall be closed.
shall apply to the storage of portable (5) Storage within special buildings or
containers not in excess of 1,000 pounds rooms. (i) The quantity of LP-Gas
water capacity, filled or partially stored in special buildings or rooms
filled, at user location but not con- shall not exceed 10,000 pounds.
nected for use, or in storage for resale (ii) The walls, floors, and ceilings of
by dealers or resellers. This paragraph container storage rooms that are with-
shall not apply to containers stored at in or adjacent to other parts of the
charging plants or at plants devoted building shall be constructed of mate-
primarily to the storage and distribu- rial having at least a 2-hour fire resist-
tion of LP-Gas or other petroleum ance rating.
products. (iii) A portion of the exterior walls or
(2) General. (i) Containers in storage roof having an area not less than 10
shall be located so as to minimize ex- percent of that of the combined area of
posure to excessive temperature rise, the enclosing walls and roof shall be of
physical damage, or tampering by un- explosion relieving construction.
authorized persons. (iv) Each opening from such storage
(ii) Containers when stored inside rooms to other parts of the building
shall not be located near exits, stair- shall be protected by a 11⁄2 hour (B) fire
ways, or in areas normally used or indoor listed by a nationally recognized
tended for the safe exit of people. testing laboratory. Refer to § 1910.7 for
(iii) Container valves shall be pro- definition of nationally recognized
tected while in storage as follows: testing laboratory.
347
(v) Such rooms shall have no open requirements of paragraph (b) of this
flames for heating or lighting. section apply to this paragraph unless
(vi) Such rooms shall be adequately otherwise noted.
ventilated both top and bottom to the (2) Design pressure and classification of
outside only. The openings from such storage containers. Storage containers
vents shall be at least 5 feet away from shall be designed and classified in ac-
any other opening into any building. cordance with Table H–34.
(vii) The floors of such rooms shall
not be below ground level. Any space TABLE H–34
below the floor shall be of solid fill or Minimum design pressure of con-
properly ventilated to the open air. tainer, lb. per sq. in. gage
(viii) Such storage rooms shall not be For gases
with vapor 1949 edition of ASME
located adjoining the line of property Con- press. Not 1949 and Code (Par. U–200,
occupied by schools, churches, hos- to exceed earlier edi- U–201); 1950, 1952,
tainer lb. per sq. tions of 1956, 1959, 1962,
pitals, athletic fields or other points of type in. gage at ASME 1965, and 1968 (Divi-
public gathering. 100 °F. Code (Par. sion 1) editions of
(37.8 °C.) U–68, U– ASME Code; All edi-
(ix) Fixed electrical equipment shall 69) tions of API-ASME
be installed in accordance with para- Code 2
graph (b)(18) of this section. 1 200 215 200 250
(6) Storage outside of buildings. (i) 1 Container type may be increased by increments of 25.
Storage outside of buildings, for con- The minimum design pressure of containers shall be 100 per-
tainers awaiting use or resale, shall be cent of the container type designation when constructed
under 1949 or earlier editions of the ASME Code (Par. U–68
located in accordance with Table H–33 and U–69). The minimum design pressure of containers shall
with respect to: be 125 percent of the container type designation when con-
structed under: (1) The 1949 ASME Code (Paragraphs U–200
(a) The nearest important building or and U–201), (2) 1950, 1952, 1956, 1959, 1962, 1965, and
group of buildings; 1968 (Division 1) editions of the ASME Code, and (3) all edi-
tions of the API-ASME Code.
(b) [Reserved] 2 Construction of containers under the API-ASME Code is
(c) Busy thoroughfares; not authorized after July 1, 1961.
TABLE H–33 (3) Container valves and accessories. (i)

A filling connection on the container
Quantity of LP-Gas Stored Distance shall be fitted with one of the fol-
500 pounds or less .............................................. 0
lowing:
501 to 2,500 pounds ........................................... 10 (a) A combination back-pressure
2,501 to 6,000 pounds ........................................ 10 feet check and excess flow valve.
6,001 to 10,000 pounds ...................................... 20 feet (b) One double or two single back-
Over 10,000 pounds ............................................ 25 feet
pressure valves.
1 Container or containers shall be at least 10 feet from any
building on adjoining property, any sidewalk, or any of the ex-
(c) A positive shutoff valve, in con-
posures described in § 1910.110(f)(6)(i) (c) or (d) of this junction with either,
paragraph. (1) An internal back-pressure valve,
(ii) Containers shall be in a suitable or
enclosure or otherwise protected (2) On internal excess flow valve.
against tampering. In lieu of an excess flow valve, filling
(7) Fire protection. Storage locations connections may be fitted with a
other than supply depots separated and quick-closing internal valve, which
located apart from dealer, reseller, or shall remain closed except during oper-
user establishments shall be provided ating periods. The mechanism for such
with at least one approved portable fire valves may be provided with a sec-
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- (iii) All openings in the container ex-
ering use of LP-Gas as a motor fuel. All cept those listed below shall be
348
equipped with approved excess flow capacity greater than 2,000 gallons, the
check valves: discharge from the safety relief valves
(a) Filling connections as provided in shall be vented away from the con-
subdivision (i) of this subparagraph. tainer vertically upwards to a point at
(b) Safety relief connections as pro- least 7 feet above the container. Suit-
vided in paragraph (b)(7)(ii) of this sec- able provisions shall be made so that
tion. any liquid or condensate that may ac-
(c) Liquid-level gaging devices as pro- cumulate inside of the relief valve or
vided in paragraphs (b)(7)(iv) and its discharge pipe will not render the
(19)(iv) of this section. valve inoperative. If a drain is used, a
(d) Pressure gage connections as pro- means shall be provided to protect the
vided in paragraph (b)(7)(v) of this sec-
container, adjacent containers, piping,
tion.
or equipment against impingement of
(iv) All container inlets and outlets
except those listed below shall be la- flame resulting from ignition of the
beled to designate whether they con- product escaping from the drain.
nect with vapor or liquid (labels may (iii) Underground containers shall be
be on valves): provided with safety relief valves as
(a) Safety relief valves. follows:
(b) Liquid-level gaging devices. (a) The discharge from safety-relief
(c) Pressure gages. valves shall be piped vertically upward
(v) Each storage container shall be to a point at least 10 feet above the
provided with a suitable pressure gage. ground. The discharge lines or pipes
(4) Safety-relief valves. (i) All safety- shall be adequately supported and pro-
relief devices shall be installed as fol- tected against physical damage.
lows: (b) [Reserved]
(a) On the container and directly con- (c) If no liquid is put into a container
nected with the vapor space. until after it is buried and covered, the
(b) Safety-relief valves and discharge rate of discharge of the relief valves
piping shall be protected against phys- may be reduced to not less than 30 per-
ical damage. The outlet shall be pro-
cent of the rate shown in paragraph
vided with loose-fitting rain caps.
(b)(10)(ii) of this section. If liquid fuel
There shall be no return bends or re-
strictions in the discharge piping. is present during installation of con-
(c) The discharge from two or more tainers, the rate of discharge shall be
safety relief valves having the same the same as for aboveground con-
pressure settings may be run into a tainers. Such containers shall not be
common discharge header. The cross- uncovered until emptied of liquid fuel.
sectional area of such header shall be (5) Capacity of liquid containers. Indi-
at least equal to the sum of the cross- vidual liquid storage containers shall
sectional areas of the individual dis- not exceed 30,000 gallons water capac-
charges. ity.
(d) Discharge from any safety relief (6) Installation of storage containers.
device shall not terminate in any (i)(a) Each storage container used ex-
building nor beneath any building. clusively in service station operation
(ii) Aboveground containers shall be shall comply with the following table
provided with safety relief valves as which specifies minimum distances to
follows: a building and groups of buildings.
(a) The rate of discharge, which may
be provided by one or more valves, Minimum distances
shall be not less than that specified in Above- Between
Water capacity per container (gal-
paragraph (b)(10)(ii) of this section. lons) ground above-
and underground
(b) The discharge from safety relief ground containers
valves shall be vented to the open air (feet) (feet)
unobstructed and vertically upwards in Up to 2,000 .................................... 25 3
such a manner as to prevent any im- Over 2,000 ..................................... 50 5
pingement of escaping gas upon the

NOTE: The above distances may be reduced to not less
container; loose-fitting rain caps shall than 10 feet for service station buildings of other than wood
be used. On a container having a water frame construction.
349
(b) Readily ignitible material includ- quired on prefabricated storage and

ing weeds and long dry grass, shall be pump assemblies, mounted on a com-
removed within 10 feet of containers. mon base, with container bottom not
(c) The minimum separation between more than 24 inches above ground and
LP-Gas containers and flammable liq- whose water capacity is 2,000 gallons or
uid tanks shall be 20 feet and the min- less if the piping connected to the stor-
imum separation between a container age and pump assembly is sufficiently
and the centerline of the dike shall be flexible to minimize the possibility of
10 feet. breakage or leakage in the event of
(d) LP-Gas containers located near failure of the container supports.
flammable liquid containers shall be (iii) Underground containers shall be
protected against the flow or accumu- installed in accordance with this sub-
lation of flammable liquids by diking, division.
diversion curbs, or grading. (a) Containers shall be given a pro-
(e) LP-Gas containers shall not be lo- tective coating before being placed
cated within diked areas for flammable under ground. This coating shall be
liquid containers. equivalent to hot-dip galvanizing or to
(f) Field welding is permitted only on two coatings of red lead followed by a
saddle plates or brackets which were heavy coating of coal tar or asphalt. In
applied by the container manufacturer. lowering the container into place, care
(g) When permanently installed con- shall be exercised to minimize abrasion
tainers are interconnected, provision or other damage to the coating. Dam-
shall be made to compensate for expan- age to the coating shall be repaired be-
sion, contraction, vibration, and set- fore back-filling.
tling of containers and interconnecting (b) Containers shall be set on a firm
piping. Where flexible connections are foundation (firm earth may be used)
used, they shall be of an approved type and surrounded with earth or sand
and shall be designed for a bursting firmly tamped in place. Backfill should
pressure of not less than five times the be free of rocks or other abrasive mate-
vapor pressure of the product at 100 °F. rials.
The use of nonmetallic hose is prohib- (c) A minimum of 2 feet of earth
ited for interconnecting such con- cover shall be provided. Where ground
tainers. conditions make compliance with this
(h) Where high water table or flood requirement impractical, equivalent
conditions may be encountered protec- protection against physical damage
tion against container flotation shall shall be provided. The portion of the
be provided. container to which manhole and other
(ii) Aboveground containers shall be connections are attached need not be
installed in accordance with this sub- covered. If the location is subjected to
division. vehicular traffic, containers shall be
(a) Containers may be installed hori- protected by a concrete slab or other
zontally or vertically. cover adequate to prevent the weight
(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 (ii) The filling pipe inlet terminal
against fire. This protection is not re- shall not be located within a building
350
nor within 10 feet of any building or LP-Gas service and shall be designed
driveway. It shall be protected against for a minimum working pressure of 250
physical damage. p.s.i.g.
(9) Piping, valves, and fittings. (i) Pip- (ii) Provisions shall be made for vent-
ing may be underground, above ground, ing LP-Gas contained in a dispensing
or a combination of both. It shall be device to a safe location.
well supported and protected against (iii) Pumps used to transfer LP-Gas
physical damage and corrosion. shall be equipped to allow control of
(ii) Piping laid beneath driveways the flow and to prevent leakage or ac-
shall be installed to prevent physical cidental discharge. Means shall be pro-
damage by vehicles. vided outside the dispensing device to
(iii) Piping shall be wrought iron or
readily shut off the power in the event
steel (black or galvanized), brass or
of fire or accident.
copper pipe; or seamless copper, brass,
or steel tubing and shall be suitable for (iv) A manual shutoff valve and an
a minimum pressure of 250 p.s.i.g. Pipe excess flow check valve shall be in-
joints may be screwed, flanged, brazed, stalled downstream of the pump and
or welded. The use of aluminum alloy ahead of the dispenser inlet.
piping or tubing is prohibited. (v)(a) Dispensing hose shall be resist-
(iv) All shutoff valves (liquid or gas) ant to the action of LP-Gas in the liq-
shall be suitable for liquefied petro- uid phase and designed for a minimum
leum gas service and designed for not bursting pressure of 1,250 p.s.i.g.
less than the maximum pressure to (b) An excess flow check valve or
which they may be subjected. Valves automatic shutoff valve shall be in-
which may be subjected to container stalled at the terminus of the liquid
pressure shall have a rated working line at the point of attachment of the
pressure of at least 250 p.s.i.g. dispensing hose.
(v) All materials used for valve seats, (vi)(a) LP-Gas dispensing devices
packing, gaskets, diaphragms, etc., shall be located not less than 10 feet
shall be resistant to the action of LP- from aboveground storage containers
Gas. greater than 2,000 gallons water capac-
(vi) Fittings shall be steel, malleable ity. The dispensing devices shall not be
iron, or brass having a minimum work- less than 20 feet from any building (not
ing pressure of 250 p.s.i.g. Cast iron including canopies), basement, cellar,
pipe fittings, such as ells, tees, and pit, or line of adjoining property which
unions shall not be used. may be built upon and not less than 10
(vii) All piping shall be tested after feet from sidewalks, streets, or thor-
assembly and proved free from leaks at oughfares. No drains or blowoff lines
not less than normal operating pres- shall be directed into or in proximity
sures. to the sewer systems used for other
(viii) Provision shall be made for ex- purposes.
pansion, contraction, jarring, and vi-
(b) LP-Gas dispensing devices shall
bration, and for settling. This may be
be installed on a concrete foundation
accomplished by flexible connections.
or as part of a complete storage and
(10) Pumps and accessories. All pumps
and accessory equipment shall be suit- dispensing assembly mounted on a
able for LP-Gas service, and designed common base, and shall be adequately
for not less than the maximum pres- protected from physical damage.
sure to which they may be subjected. (c) LP-Gas dispensing devices shall
Accessories shall have a minimum not be installed within a building ex-
rated working pressure of 250 p.s.i.g. cept that they may be located under a
Positive displacement pumps shall be weather shelter or canopy provided
equipped with suitable pressure actu- this area is not enclosed on more than
ated bypass valves permitting flow two sides. If the enclosing sides are ad-
from pump discharge to storage con- jacent to each other, the area shall be
tainer or pump suction. properly ventilated.
(11) Dispensing devices. (i) Meters, (vii) The dispensing of LP-Gas into
vapor separators, valves, and fittings the fuel container of a vehicle shall be
in the dispenser shall be suitable for performed by a competent attendant
351
who shall remain at the LP-Gas dis- (3) Retroactivity. Unless otherwise
penser during the entire transfer oper- stated, it is not intended that the pro-
ation. visions of this section be retroactive.
(12) Additional rules. There shall be no (i) Existing plants, appliances, equip-
smoking on the driveway of service ment, buildings, structures, and instal-
stations in the dispensing areas or lations for the storage, handling or use
transport truck unloading areas. Con- of LP-Gas, which were in compliance
spicuous signs prohibiting smoking with the current provisions of the Na-
shall be posted within sight of the cus- tional Fire Protection Association
tomer being served. Letters on such Standard for the Storage and Handling
signs shall be not less than 4 inches of Liquefied Petroleum Gases NFPA
high. The motors of all vehicles being No. 58, at the time of manufacture or
fueled shall be shut off during the fuel- installation may be continued in use, if
ing operations. such continued use does not constitute
(13) Electrical. Electrical equipment a recognized hazard that is causing or
and installations shall conform to is likely to cause death or serious
paragraphs (b) (17) and (18) of this sec- physical harm to employees.
tion. (ii) Stocks of equipment and appli-
(14) Fire protection. Each service sta- ances on hand in such locations as
tion shall be provided with at least one manufacturers’ storage, distribution
approved portable fire extinguisher warehouses, and dealers’ storage and
having at least an 8–B, C, rating. showrooms, which were in compliance
(i) Scope—(1) Application. (i) Para- with the current provisions of the Na-
graph (b) of this section applies to in- tional Fire Protection Association
stallations made in accordance with Standard for the Storage and Handling
the requirements of paragraphs (c), (d), of Liquefied Petroleum Gases, NFPA
(e), (g), and (h) of this section, except No. 58, at the time of manufacture,
as noted in each of those paragraphs.
may be placed in service, if such use
(ii) Paragraphs (c) through (h) of this
does not constitute a recognized hazard
section apply as provided in each of
that is causing or is likely to cause
those paragraphs.
death or serious physical harm to em-
(2) Inapplicability. This section does
ployees.
not apply to:
(i) Marine and pipeline terminals, [39 FR 23502, June 27, 1974, as amended at 43
natural gas processing plants, refin- FR 49747, Oct. 24, 1978; 49 FR 5322, Feb. 10,
eries, or tank farms other than those 1984; 53 FR 12122, Apr. 12, 1988; 55 FR 25094,
at industrial sites. June 20, 1990; 55 FR 32015, Aug. 6, 1990; 58 FR
35309, June 30, 1993; 61 FR 9237, 9238, Mar. 7,
(ii) LP-Gas refrigerated storage sys-
1996; 63 FR 33466, June 18, 1998; 72 FR 71069,
tems; Dec. 14, 2007]
(iii) LP-Gas when used with oxygen.
The requirements of § 1910.253 shall § 1910.111 Storage and handling of an-
apply to such use; hydrous ammonia.
(iv) LP-Gas when used in utility gas
(a) General—(1) Scope. (i) This stand-
plants. The National Fire Protection
ard is intended to apply to the design,
Association Standard for the Storage
construction, location, installation,
and Handling of Liquefied Petroleum
and operation of anhydrous ammonia
Gases at Utility Gas Plants, NFPA No.
systems including refrigerated ammo-
59–1968, shall apply to such use;
nia storage systems.
(v) Low-pressure (not in excess of
one-half pound per square inch or 14 (ii) This standard does not apply to:
inches water column) LP-Gas piping (a) Ammonia manufacturing plants.
systems, and the installation and oper- (b) Refrigeration plants where ammo-
ation of residential and commercial ap- nia is used solely as a refrigerant.
pliances including their inlet connec- (2) Definitions. As used in this sec-
tions, supplied through such systems. tion.
For such systems, the National Fire (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.
352
(ii) Cylinder. A container of 1,000 to be safe by a nationally recognized

pounds of water capacity or less con- testing laboratory; or
structed in accordance with Depart- (iii) It is a type which no nationally
ment of Transportation specifications. recognized testing laboratory does, or
(iii) Code. The Boiler and Pressure will undertake to, accept, certify, list,
Vessel Code, Section VIII, Unfired label, or determine to be safe; and such
Pressure Vessels of the American Soci- equipment is inspected or tested by
ety of Mechanical Engineers (ASME)— any Federal, State, municipal, or other
1968. local authority responsible for enforc-
(iv) Container. Includes all vessels, ing occupational safety provisions of a
tanks, cylinders, or spheres used for Federal, State, municipal or other
transportation, storage, or application local law, code, or regulation per-
of anhydrous ammonia. taining to the storage, handling, trans-
(v) DOT. U.S. Department of Trans- port, and use of anhydrous ammonia,
portation. and found to be in compliance with ei-
(vi) Design pressure is identical to the ther the provisions of the American
term Maximum Allowable Working Pres- National Standard for the Storage and
sure used in the Code. Handling of Anhydrous Ammonia,
(vii) Farm vehicle (implement of hus- K61.1, or the Fertilizer Institute Stand-
bandry). A vehicle for use on a farm on ards for the Storage and Handling of
which is mounted a container of not Agricultural Anhydrous Ammonia, M–
over 1,200 gallons water capacity. 1, in effect at the time of installation;
(viii) Filling density. the percent ratio
or
of the weight of the gas in a container
(iv) It is a custom-designed and cus-
to the weight of water at 60 °F. that
tom-built unit, which no nationally
the container will hold.
(ix) Gas. Anhydrous ammonia in ei- recognized testing laboratory, or Fed-
ther the gaseous or liquefied state. eral, State, municipal or local author-
(x) Gas masks. Gas masks must be ap- ity responsible for the enforcement of a
proved by the National Institute for Federal, State, municipal, or local law,
Occupational Safety and Health code or regulation pertaining to the
(NIOSH) under 42 CFR part 84 for use storage, transportation and use of an-
with anhydrous ammonia. hydrous ammonia is willing to under-
(xi) Capacity. Total volume of the take to accept, certify, list, label or de-
container in standard U.S. gallons. termine to be safe, and the employer
(xii) DOT specifications—Regulations has on file a document attesting to its
of the Department of Transportation safe condition following the conduct of
published in 49 CFR Chapter I. appropriate tests. The document shall
(b) Basic rules. This paragraph applies be signed by a registered professional
to all paragraphs of this section unless engineer or other person having special
otherwise noted. training or experience sufficient to per-
(1) Approval of equipment and systems. mit him to form an opinion as to safety
Each appurtenance shall be approved in of the unit involved. The document
accordance with paragraph (b)(1) (i), shall set forth the test bases, test data
(ii), (iii), or (iv) of this section. and results, and also the qualifications
(i) It was installed before February 8, of the certifying person.
1973, and was approved, tested, and in- (v) For the purposes of this para-
stalled in accordance with either the graph (b)(1), the word listed means that
provisions of the American National equipment is of a kind mentioned in a
Standard for the Storage and Handling list which is published by a nationally
of Anhydrous Ammonia, K61.1, or the recognized laboratory which makes
Fertilizer Institute Standards for the periodic inspection of the production of
Storage and Handling of Agricultural such equipment, and states such equip-
Anhydrous Ammonia, M–1, (both of ment meets nationally recognized
which are incorporated by reference as standards or has been tested and found
specified in § 1910.6) in effect at the safe for use in a specified manner. La-
time of installation; or beled means there is attached to it a

(ii) It is accepted, or certified, or list- label, symbol, or other identifying
ed, or labeled, or otherwise determined mark of a nationally recognized testing
353
laboratory which, makes periodic instructed and maintained in accordance

spections of the production of such with the 1949, 1950, 1952, 1956, 1959, and
equipment, and whose labeling indi- 1962 editions of the Code or any revi-
cates compliance with nationally rec- sions thereof in effect at the time of
ognized standards or tests to determine fabrication.
safe use in a specified manner. Certified (3) Marking nonrefrigerated containers.
means it has been tested and found by (i) System nameplates, when required,
a nationally recognized testing labora- shall be permanently attached to the
tory to meet nationally recognized system so as to be readily accessible
standards or to be safe for use in a for inspection and shall include mark-
specified manner, or is of a kind whose ings as prescribed in subdivision (ii) of
production is periodically inspected by this subparagraph.
a nationally recognized testing labora- (ii) Each container or system covered
tory, and it bears a label, tag, or other in paragraphs (c), (f), (g), and (h) of this
record of certification. section shall be marked as specified in
(vi) For the purposes of this para- the following:
graph (b)(1), refer to § 1910.7 for defini- (a) With a notation ‘‘Anhydrous Am-
tion of nationally recognized testing monia.’’
laboratory. (b) With a marking identifying com-
(2) Requirements for construction, origi- pliance with the rules of the Code
nal test and requalification of nonrefrig- under which the container is con-
erated containers. (i) Containers used structed.
with systems covered in paragraphs (c), Under ground: Container and system name-
(f), (g), and (h) of this section shall be plate.
constructed and tested in accordance Above ground: Container.
with the Code except that construction
(c) With a notation whether the sys-
under Table UW12 at a basic joint effi-
tem is designed for underground or
ciency of under 80 percent is not au-
aboveground installation or both.
thorized.
(d) With the name and address of the
(ii) Containers built according to the
supplier of the system or the trade
Code do not have to comply with Para-
name of the system and with the date
graphs UG125 to UG128 inclusive, and
of fabrication.
Paragraphs UG132 and UG133 of the
Code. Under ground and above ground: System
(iii) Containers exceeding 36 inches in nameplate.
diameter or 250 gallons water capacity (e) With the water capacity of the
shall be constructed to comply with container in pounds at 60 °F. or gal-
one or more of the following: lons, U.S. Standard.
(a) Containers shall be stress relieved
after fabrication in accordance with Under ground: Container and system name-
plate.
the Code, or Above ground: Container.
(b) Cold-form heads when used, shall
be stress relieved, or (f) With the design pressure in pounds
(c) Hot-formed heads shall be used. per square inch.
(iv) Welding to the shell, head, or any Under ground: Container and system name-
other part of the container subject to plate.
internal pressure shall be done in com- Above ground: Container.
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-
(v) Containers used with systems cov- plate.
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,
354
such as fixed length dip tubes, or con- less than the maximum working pres-
tainers that are filled with weight. sure of that portion of the system on
Markings shall be in increments of not which they are installed. All appur-
more than 20 °F. tenances shall be fabricated from ma-
Above ground and under ground: System terials proved suitable for anhydrous
nameplate or on liquid-level gaging device. ammonia service.
(ii) All connections to containers ex-
(i) With the total outside surface area
cept safety relief devices, gaging de-
of the container in square feet.
vices, or those fitted with No. 54 drill-
Under ground: System nameplate. size orifice shall have shutoff valves lo-
Above ground: No requirement. cated as close to the container as prac-
(j) Marking specified on the con- ticable.
tainer shall be on the container itself (iii) Excess flow valves where re-
or on a nameplate permanently at- quired by these standards shall close
tached to it. automatically at the rated flows of
(4) Marking refrigerated containers. vapor or liquid as specified by the man-
Each refrigerated container shall be ufacturer. The connections and line in-
marked with nameplate on the outer cluding valves and fittings being pro-
covering in an accessible place as spec- tected by an excess flow valve shall
ified in the following: have a greater capacity than the rated
(i) With the notation, ‘‘Anhydrous flow of the excess flow valve so that
Ammonia.’’ the valve will close in case of failure of
(ii) With the name and address of the the line or fittings.
builder and the date of fabrication. (iv) Liquid-level gaging devices that
(iii) With the water capacity of the require bleeding of the product to the
container in gallons, U.S. Standard. atmosphere and which are so con-
(iv) With the design pressure. structed that outward flow will not ex-
(v) With the minimum temperature ceed that passed by a No. 54 drill-size
in degrees Fahrenheit for which the opening need not be equipped with ex-
container was designed. cess flow valves.
(vi) The maximum allowable water
(v) Openings from the container or
level to which the container may be
through fittings attached directly on
filled for test purposes.
the container to which pressure gage
(vii) With the density of the product
connections are made need not be
in pounds per cubic foot for which the
equipped with excess flow valves if
container was designed.
(viii) With the maximum level to such openings are not larger than No.
which the container may be filled with 54 drill size.
liquid anhydrous ammonia. (vi) Excess flow and back pressure
(5) Location of containers. (i) Consider- check valves where required by the
ation shall be given to the physio- standards in this section shall be lo-
logical effects of ammonia as well as to cated inside of the container or at a
adjacent fire hazards in selecting the point outside as close as practicable to
location for a storage container. Con- where the line enters the container. In
tainers shall be located outside of the latter case installation shall be
buildings or in buildings or sections made in such manner that any undue
thereof especially provided for this strain beyond the excess flow or back
purpose. pressure check valve will not cause
(ii) Permanent storage containers breakage between the container and
shall be located at least 50 feet from a the valve.
dug well or other sources of potable (vii) Excess flow valves shall be de-
water supply, unless the container is a signed with a bypass, not to exceed a
part of a water-treatment installation. No. 60 drill-size opening to allow
(iii)–(iv) [Reserved] equalization of pressures.
(v) Storage areas shall be kept free of (viii) All excess flow valves shall be
readily ignitible materials such as plainly and permanently marked with
waste, weeds, and long dry grass. the name or trademark of the manufac-
(6) Container appurtenances. (i) All ap- turer, the catalog number, and the
purtenances shall be designed for not rated capacity.
355
(7) Piping, tubing, and fittings. (i) All control of pressure-reducing valves
piping, tubing, and fittings shall be shall be designed for a bursting pres-
made of material suitable for anhy- sure of not less than 5 times the pres-
drous ammonia service. sure setting of the safety relief devices
(ii) All piping, tubing, and fittings protecting that portion of the system
shall be designed for a pressure not less but not less than 125 p.s.i.g. All connec-
than the maximum pressure to which tions shall be so designed and con-
they may be subjected in service. structed that there will be no leakage
(iii) All refrigerated piping shall con- when connected.
form to the Refrigeration Piping Code, (iv) Where hose is to be used for
American National Standards Insti- transferring liquid from one container
tute, B31.5–1966 with addenda B31.1a– to another, ‘‘wet’’ hose is rec-
1968, which is incorporated by reference ommended. Such hose shall be
as specified in § 1910.6, as it applies to equipped with approved shutoff valves
ammonia. at the discharge end. Provision shall be
(iv) Piping used on non-refrigerated made to prevent excessive pressure in
systems shall be at least American So- the hose.
ciety for Testing and Materials (v) On all hose one-half inch outside
(ASTM) A–53–69 Grade B Electric Re- diameter and larger, used for the trans-
sistance Welded and Electric Flash fer of anhydrous ammonia liquid or
Welded Pipe, which is incorporated by vapor, there shall be etched, cast, or
reference as specified in § 1910.6, or impressed at 5-foot intervals the fol-
equal. Such pipe shall be at least lowing information.
schedule 40 when joints are welded, or ‘‘Anhydrous Ammonia’’ xxx p.s.i.g. (max-
welded and flanged. Such pipe shall be imum working pressure), manufacturer’s
at least schedule 80 when joints are name or trademark, year of manufac-
threaded. Threaded connections shall ture.
not be back-welded. Brass, copper, or
galvanized steel pipe shall not be used. In lieu of this requirement the same in-
(v) Tubing made of brass, copper, or formation may be contained on a
other material subject to attack by nameplate permanently attached to
ammonia shall not be used. the hose.
(vi) Cast iron fittings shall not be
TABLE H–36
used but this shall not prohibit the use
[Minimum required rate of discharge in cubic feet per minute
of fittings made specifically for ammo- of air at 120 percent of the maximum permitted start to dis-
nia service of malleable, nodular, or charge pressure of safety relief valves]
high strength gray iron meeting Amer- Flow rate
ican Society for Testing and Materials Surface area (sq. ft.) CFM air
(ASTM) A47–68, ASTM 395–68, or ASTM
20 ......................................................................... 258
A126–66 Class B or C all of which are in- 25 ......................................................................... 310
corporated by reference as specified in 30 ......................................................................... 360
§ 1910.6. 35 ......................................................................... 408
40 ......................................................................... 455
(vii) Joint compounds shall be resist- 45 ......................................................................... 501
ant to ammonia. 50 ......................................................................... 547
(8) Hose specifications. (i) Hose used in 55 ......................................................................... 591
ammonia service shall conform to the 60 ......................................................................... 635
65 ......................................................................... 678
joint Agricultural Ammonia Insti- 70 ......................................................................... 720
tute—Rubber Manufacturers Associa- 75 ......................................................................... 762
tion Specifications for Anhydrous Am- 80 ......................................................................... 804
85 ......................................................................... 845
monia Hose. 90 ......................................................................... 885
(ii) Hose subject to container pres- 95 ......................................................................... 925
sure shall be designed for a minimum 100 ....................................................................... 965
working pressure of 350 p.s.i.g. and a 105 ....................................................................... 1,010
110 ....................................................................... 1,050
minimum burst pressure of 1,750 p.s.i.g. 115 ....................................................................... 1,090
Hose assemblies, when made up, shall 120 ....................................................................... 1,120
be capable of withstanding a test pres- 125 ....................................................................... 1,160
130 ....................................................................... 1,200

sure of 500 p.s.i.g. 135 ....................................................................... 1,240
(iii) Hose and hose connections lo- 140 ....................................................................... 1,280
cated on the low-pressure side of flow 145 ....................................................................... 1,310
356
TABLE H–36—Continued TABLE H–36—Continued

[Minimum required rate of discharge in cubic feet per minute [Minimum required rate of discharge in cubic feet per minute
of air at 120 percent of the maximum permitted start to dis- of air at 120 percent of the maximum permitted start to dis-
charge pressure of safety relief valves] charge pressure of safety relief valves]
Flow rate Flow rate

Surface area (sq. ft.) Surface area (sq. ft.)
CFM air CFM air
150 ....................................................................... 1,350 2,300 .................................................................... 12,630

155 ....................................................................... 1,390 2,350 .................................................................... 12,850
160 ....................................................................... 1,420 2,400 .................................................................... 13,080
165 ....................................................................... 1,460
2,450 .................................................................... 13,300
170 ....................................................................... 1,500
175 ....................................................................... 1,530 2,500 .................................................................... 13,520
180 ....................................................................... 1,570
185 ....................................................................... 1,600
190 ....................................................................... 1,640 Surface Area = total outside surface area
195 ....................................................................... 1,670 of container in square feet. When the surface
200 ....................................................................... 1,710 area is not stamped on the nameplate or
210 ....................................................................... 1,780 when the marking is not legible the area can
220 ....................................................................... 1,850
be calculated by using one of the following
230 ....................................................................... 1,920
240 ....................................................................... 1,980 formulas:
250 ....................................................................... 2,050 (1) Cylindrical container with hemi-
260 ....................................................................... 2,120 spherical heads:
270 ....................................................................... 2,180
280 ....................................................................... 2,250 Area = overall length in feet times outside
290 ....................................................................... 2,320 diameter in feet times 3.1416.
300 ....................................................................... 2,380 (2) Cylindrical container with other than
310 ....................................................................... 2,450
320 ....................................................................... 2,510
hemispherical heads:
330 ....................................................................... 2,570 Area = (overall length in feet plus 0.3 outside
340 ....................................................................... 2,640 diameter in feet) times outside diameter
350 ....................................................................... 2,700 in feet times 3.1416.
360 ....................................................................... 2,760
370 ....................................................................... 2,830 (3) Spherical container:
380 ....................................................................... 2,890
390 ....................................................................... 2,950
Area = outside diameter in feet squared
400 ....................................................................... 3,010 times 3.1416.
450 ....................................................................... 3,320 Flow Rate—CFM Air = cubic feet per
500 ....................................................................... 3,620 minute of air required at standard condi-
550 ....................................................................... 3,910
600 ....................................................................... 4,200
tions, 60 °F. and atmospheric pressure (14.7
650 ....................................................................... 4,480 p.s.i.a.).
700 ....................................................................... 4,760 The rate of discharge may be interpolated
750 ....................................................................... 5,040 for intermediate values of surface area. For
800 ....................................................................... 5,300 containers with total outside surface area
850 ....................................................................... 5,590
900 ....................................................................... 5,850
greater than 2,500 square feet, the required
950 ....................................................................... 6,120 flow rate can be calculated using the for-
1,000 .................................................................... 6,380 mula: Flow Rate CFM Air = 22.11 A0 82, where
1,050 .................................................................... 6,640 A = outside surface area of the container in
1,100 .................................................................... 6,900 square feet.
1,150 .................................................................... 7,160
1,200 .................................................................... 7,410 (9) Safety relief devices. (i) Every con-
1,250 .................................................................... 7,660
1,300 .................................................................... 7,910
tainer used in systems covered by para-
1,350 .................................................................... 8,160 graphs (c), (f), (g), and (h) of this sec-
1,400 .................................................................... 8,410 tion shall be provided with one or more
1,450 .................................................................... 8,650 safety relief valves of the spring-loaded
1,500 .................................................................... 8,900
1,550 .................................................................... 9,140 or equivalent type. The discharge from
1,600 .................................................................... 9,380 safety-relief valves shall be vented
1,650 .................................................................... 9,620 away from the container upward and
1,700 .................................................................... 9,860
1,750 .................................................................... 10,090 unobstructed to the atmosphere. All
1,800 .................................................................... 10,330 relief-valve discharge openings shall
1,850 .................................................................... 10,560 have suitable rain caps that will allow
1,900 .................................................................... 10,800
1,950 .................................................................... 11,030
free discharge of the vapor and prevent
2,000 .................................................................... 11,260 entrance of water. Provision shall be
2,050 .................................................................... 11,490 made for draining condensate which
2,100 .................................................................... 11,720 may accumulate. The rate of the dis-

2,150 .................................................................... 11,950
2,200 .................................................................... 12,180 charge shall be in accordance with the
2,250 .................................................................... 12,400 provisions of Table H–36.
357
(ii) Container safety-relief valves sions (ii) and (iii) of this subparagraph)
shall be set to start-to-discharge as fol- is 4,050 cubic feet per minute of air.
lows, with relation to the design pres- (viii) The flow capacity of the relief
sure of the container: valve shall not be restricted by any
connection to it on either the upstream
Minimum Maximum
Containers or downstream side.
(percent) (percent)
(ix) A hydrostatic relief valve shall
ASME-U–68, U–69 ........................ 110 125
ASME-U–200, U–201 .................... 95 100 be installed between each pair of valves
ASME 1959, 1956, 1952, or 1962 95 100 in the liquid ammonia piping or hose
API-ASME ..................................... 95 100 where liquid may be trapped so as to
U.S. Coast Guard .......................... 95 100
relieve into the atmosphere at a safe
location.
As required by DOT Regulations. (10) General.
(iii) Safety relief devices used in sys-
(i) [Reserved]
tems covered by paragraphs (c), (f), (g),
and (h) of this section shall be con- (ii) Stationary storage installations
structed to discharge at not less than must have at least two suitable gas
the rates required in paragraph (b)(9)(i) masks in readily-accessible locations.
of this section before the pressure is in Full-face masks with ammonia can-
excess of 120 percent (not including the isters that have been approved by
10 percent tolerance referred to in NIOSH under 42 CFR part 84 are suit-
paragraph (b)(9)(ii) of this section) of able for emergency action involving
the maximum permitted start-to-dis- most anhydrous ammonia leaks, par-
charge pressure setting of the device. ticularly leaks that occur outdoors.
(iv) Safety-relief valves shall be so For respiratory protection in con-
arranged that the possibility of tam- centrated ammonia atmospheres, a
pering will be minimized. If the pres- self-contained breathing apparatus is
sure setting adjustment is external, required.
the relief valves shall be provided with (iii) Stationary storage installations
means for sealing the adjustment. shall have an easily accessible shower
(v) Shutoff valves shall not be in- or a 50-gallon drum of water.
stalled between the safety-relief valves (iv) Each vehicle transporting ammo-
and the container; except, that a shut- nia in bulk except farm applicator ve-
off valve may be used where the ar- hicles shall carry a container of at
rangement of this valve is such as al- least 5 gallons of water and shall be
ways to afford full required capacity equipped with a full face mask.
flow through the relief valves. (11) Charging of containers. (i) The fill-
(vi) Safety-relief valves shall have di- ing densities for containers that are
rect communication with the vapor not refrigerated shall not exceed the
space of the container. following:
(vii) Each container safety-relief
Percent by Percent by
valve used with systems covered by Type of container weight volume
paragraphs (c), (f), (g), and (h) of this
section shall be plainly and perma- Aboveground-Uninsulated ............. 56 82
Aboveground-Uninsulated ............. .................. 87.5
nently marked with the symbol ‘‘NH3’’
Aboveground-Insulated ................. 57 83.5
or ‘‘AA’’; with the pressure in pounds- Underground-Uninsulated ............. 58 85
per-square-inch gage at which the DOT—In accord with DOT regula-
valve is set to start-to-discharge; with 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.
358
(12) Transfer of liquids. (i) Anhydrous the compressor suction to minimize

ammonia shall always be at a tempera- the entry of liquid into the compressor.
ture suitable for the material of con- (vii) Loading and unloading systems
struction and the design of the receiv- shall be protected by suitable devices
ing container. to prevent emptying of the storage
(ii) The employer shall require the container or the container being loaded
continuous presence of an attendant in or unloaded in the event of severance
the vicinity of the operation during of the hose. Backflow check valves or
such time as ammonia is being trans- properly sized excess flow valves shall
ferred. be installed where necessary to provide
(iii) Containers shall be charged or such protection. In the event that such
used only upon authorization of the valves are not practical, remotely op-
owner. erated shutoff valves may be installed.
(iv) Containers shall be gaged and (13) Tank car unloading points and op-
charged only in the open atmosphere or erations. (i) Provisions for unloading
in buildings or areas thereof provided tank cars shall conform to the applica-
for that purpose. ble recommendations contained in the
(v) Pumps used for transferring am- DOT regulations.
monia shall be those manufactured for (ii) The employer shall insure that
that purpose. unloading operations are performed by
(a) Pumps shall be designed for at reliable persons properly instructed
least 250 p.s.i.g. working pressure. and given the authority to monitor
(b) Positive displacement pumps careful compliance with all applicable
shall have, installed off the discharged procedures.
port, a constant differential relief (iii) Caution signs shall be so placed
valve discharging into the suction port on the track or car as to give necessary
of the pump through a line of sufficient warning to persons approaching the car
size to carry the full capacity of the from open end or ends of siding and
pump at relief valve setting, which set- shall be left up until after the car is
ting and installation shall be according unloaded and disconnected from dis-
to the pump manufacturer’s rec- charge connections. Signs shall be of
ommendations. metal or other suitable material, at
(c) On the discharge side of the pump, least 12 by 15 inches in size and bear
before the relief valve line, there shall the words ‘‘STOP—Tank Car Con-
be installed a pressure gage graduated nected’’ or ‘‘STOP—Men at Work’’ the
from 0 to 400 p.s.i. word, ‘‘STOP,’’ being in letters at least
(d) Plant piping shall contain shutoff 4 inches high and the other words in
valves located as close as practical to letters at least 2 inches high.
pump connections. (iv) The track of a tank car siding
(vi) Compressors used for transfer- shall be substantially level.
ring or refrigerating ammonia shall be (v) Brakes shall be set and wheels
recommended for ammonia service by blocked on all cars being unloaded.
the manufacturer. (14) Liquid-level gaging device. (i) Each
(a) Compressors shall be designed for container except those filled by weight
at least 250 p.s.i.g. working pressure. shall be equipped with an approved liq-
(b) Plant piping shall contain shutoff uid-level gaging device. A thermometer
valves located as close as practical to well shall be provided in all containers
compressor connections. not utilizing a fixed liquid-level gaging
(c) A relief valve large enough to dis- device.
charge the full capacity of the com- (ii) All gaging devices shall be ar-
pressor shall be connected to the dis- ranged so that the maximum liquid
charge before any shutoff valve. level to which the container is filled is
(d) Compressors shall have pressure readily determined.
gages at suction and discharge grad- (iii) Gaging devices that require
uated to at least one and one-half bleeding of the product to the atmos-
times the maximum pressure that can phere such as the rotary tube, fixed
be developed. tube, and slip tube devices shall be de-

(e) Adequate means, such as drain- signed so that the maximum opening of
able liquid trap, shall be provided on the bleed valve is not larger than No.
359
54 drill size unless provided with an ex- provided with orifices not larger than
cess flow valve. (This requirement does No. 54 drill size as required in para-
not apply to farm vehicles used for the graphs (b)(6) (iv) and (v) of this section
application of ammonia as covered in shall be equipped with excess-flow
paragraph (h) of this section.) valves.
(iv) Gaging devices shall have a de- (iii) Each storage container shall be
sign pressure equal to or greater than provided with a pressure gage grad-
the design pressure of the container on uated from 0 to 400 p.s.i. Gages shall be
which they are installed. designated for use in ammonia service.
(v) Fixed tube liquid-level gages shall (iv) All containers shall be equipped
be designed and installed to indicate with vapor return valves.
that level at which the container is (3) Safety-relief devices. (i) Every con-
filled to 85 percent of its water capac- tainer shall be provided with one or
ity in gallons. more safety-relief valves of the spring-
(vi) Gage glasses of the columnar loaded or equivalent type in accord-
type shall be restricted to stationary ance with paragraph (b)(9) of this sec-
storage installations. They shall be tion.
equipped with shutoff valves having (ii) The rate of discharge of spring-
metallic handwheels, with excess-flow loaded safety relief valves installed on
valves, and with extra heavy glass ade- underground containers may be re-
quately protected with a metal housing duced to a minimum of 30 percent of
applied by the gage manufacturer. the rate of discharge specified in Table
They shall be shielded against the di- H–36. Containers so protected shall not
rect rays of the sun. be uncovered after installation until
(15) [Reserved] the liquid ammonia has been removed.
(16) Electrical equipment and wiring. (i) Containers which may contain liquid
Electrical equipment and wiring for ammonia before being installed under-
use in ammonia installations shall be ground and before being completely
general purpose or weather resistant as covered with earth are to be considered
appropriate. aboveground containers when deter-
(ii) Electrical systems shall be in- mining the rate of discharge require-
stalled and maintained in accordance ments of the safety-relief valves.
with subpart S of this part. (iii) On underground installations
(c) Systems utilizing stationary, non- where there is a probability of the
refrigerated storage containers. This manhole or housing becoming flooded,
paragraph applies to stationary, non- the discharge from vent lines shall be
refrigerated storage installations uti- located above the high water level. All
lizing containers other than those cov- manholes or housings shall be provided
ered in paragraph (e) of this section. with ventilated louvers or their equiva-
Paragraph (b) of this section applies to lent, the area of such openings equal-
this paragraph unless otherwise noted. ling or exceeding combined discharge
(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
360
successfully withstand hydrostatic in the industry as ‘‘skid tanks’’) shall

pressure retests at the pressure speci- be designed and constructed in accord-
fied for the original hydrostatic test as ance with paragraph (c)(1) of this sec-
required by the code under which con- tion.
structed and show no evidence of seri- (vi) Secure anchorage or adequate
ous corrosion. pier height shall be provided against
(ii) Where containers are reinstalled container flotation wherever suffi-
above ground, safety devices or gaging ciently high flood water might occur.
devices shall comply with paragraph (vii) The distance between under-
(b)(9) of this section and this paragraph ground containers of over 2,000 gallons
respectively for aboveground con- capacity shall be at least 5 feet.
tainers. (6) Protection of appurtenances. (i)
(5) Installation of storage containers. (i) Valves, regulating, gaging, and other
Containers installed above ground, ex- appurtenances shall be protected
cept as provided in paragraph (c)(5)(v) against tampering and physical dam-
of this section shall be provided with age. Such appurtenances shall also be
substantial concrete or masonry sup- protected during transit of containers.
ports, or structural steel supports on
(ii) All connections to underground
firm concrete or masonry foundations.
containers shall be located within a
All foundations shall extend below the
dome, housing, or manhole and with
frost line.
access thereto by means of a substan-
(ii) Horizontal aboveground con-
tial cover.
tainers shall be so mounted on founda-
(7) Damage from vehicles. Precaution
tions as to permit expansion and con-
shall be taken against damage to am-
traction. Every container shall be sup-
monia systems from vehicles.
ported to prevent the concentration of
excessive loads on the supporting por- (d) Refrigerated storage systems. This
tion of the shell. That portion of the paragraph applies to systems utilizing
container in contact with foundations containers with the storage of anhy-
or saddles shall be protected against drous ammonia under refrigerated con-
corrosion. ditions. All applicable rules of para-
(iii) Containers installed under graph (b) of this section apply to this
ground shall be so placed that the top paragraph unless otherwise noted.
of the container is below the frost line (1) Design of containers. (i) The design
and in no case less than 2 feet below temperature shall be the minimum
the surface of the ground. Should temperature to which the container
ground conditions make compliance will be refrigerated.
with these requirements impracticable, (ii) Containers with a design pressure
installation shall be made otherwise to exceeding 15 p.s.i.g. shall be con-
prevent physical damage. It will not be structed in accordance with paragraph
necessary to cover the portion of the (b)(2) of this section, and the materials
container to which manhole and other shall be selected from those listed in
connections are affixed. When nec- API Standard 620, Recommended Rules
essary to prevent floating, containers for Design and Construction of Large,
shall be securely anchored or weighted. Welded, Low-Pressure Storage Tanks,
(iv) Underground containers shall be Fourth Edition, 1970, Tables 2.02, R2.2,
set on a firm foundation (firm earth R2.2(A), R2.2.1, or R2.3 which are incor-
may be used) and surrounded with porated by reference as specified in
earth or sand well tamped in place. The § 1910.6.
container, prior to being placed under (iii) Containers with a design pres-
ground, shall be given a corrosion re- sure of 15 p.s.i.g. and less shall be con-
sisting protective coating. The constructed in accordance with the appli-
tainer thus coated shall be so lowered cable requirements of API Standard 620
into place as to prevent abrasion or including its appendix R.
other damage to the coating. (iv) When austenitic steels or non-
(v) Containers with foundations at- ferrous materials are used, the Code
tached (portable or semiportable tank shall be used as a guide in the selection

containers with suitable steel ‘‘run- of materials for use at the design tem-
ners’’ or ‘‘skids’’ and commonly known perature.
361
(v) The filling density for refrig- posure is greater than that required by
erated storage containers shall be such (a) of this subdivision, the additional
that the container will not be liquid capacity may be provided by weak roof
full at a liquid temperature cor- to shell seams in containers operating
responding to the vapor pressure at the at essentially atmospheric pressure
start-to-discharge pressure setting of and having an inherently weak roof-to-
the safety-relief valve. shell seam. The weak roof-to-shell
(2) Installation of refrigerated storage seam is not to be considered as pro-
containers. (i) Containers shall be sup- viding any of the capacity required in
ported on suitable noncombustible (a) of this subdivision.
foundations designed to accommodate (iii) If vent lines are installed to con-
the type of container being used. duct the vapors from the relief valve,
(ii) Adequate protection against flo- the back pressure under full relieving
tation or other water damage shall be conditions shall not exceed 50 percent
provided wherever high flood water of the start-to-discharge pressure for
might occur. pressure balanced valves or 10 percent
(iii) Containers for product storage at of the start-to-discharge pressure for
less than 32 °F. shall be supported in conventional valves. The vent lines
such a way, or heat shall be supplied, shall be installed to prevent accumula-
to prevent the effects of freezing and tion of liquid in the lines.
consequent frost heaving. (iv) The valve or valve installation
(3) Shutoff valves. When operating shall provide weather protection.
conditions make it advisable, a check (v) Atmospheric storage shall be pro-
valve shall be installed on the fill con- vided with vacuum breakers. Ammonia
nection and a remotely operated shut- gas, nitrogen, methane, or other inert
off valve on other connections located gases can be used to provide a pad.
below the maximum liquid level.
(5) Protection of container appur-
(4) Safety relief devices. (i) Safety re-
tenances. Appurtenances shall be pro-
lief valves shall be set to start-to-dis-
tected against tampering and physical
charge at a pressure not in excess of
damage.
the design pressure of the container
and shall have a total relieving capac- (6) Reinstallation of refrigerated storage
ity sufficient to prevent a maximum containers. Containers of such size as to
pressure in the container of more than require field fabrication shall, when
120 percent of the design pressure. Re- moved and reinstalled, be recon-
lief valves for refrigerated storage constructed and reinspected in complete
tainers shall be self-contained spring- accordance with the requirements
under which they were constructed.
loaded, weight-loaded, or self-con-
The containers shall be subjected to a
tained pilot-operated type.
pressure retest and if rerating is nec-
(ii) The total relieving capacity shall
essary, rerating shall be in accordance
be the larger of:
with applicable requirements.
(a) Possible refrigeration system
upset such as (1) cooling water failure, (7) Damage from vehicles. Precaution
(2) power failure, (3) instrument air or shall be taken against damage from ve-
instrument failure, (4) mechanical fail- hicles.
ure of any equipment, (5) excessive (8) Refrigeration load and equipment.
pumping rates. (i) The total refrigeration load shall be
(b) Fire exposure determined in ac- computed as the sum of the following:
cordance with Compressed Gas Associa- (a) Load imposed by heat flow into
tion (CGA) S–1, part 3, Safety Relief the container caused by the tempera-
Device Standards for Compressed Gas ture differential between design ambi-
Storage Containers, 1959, which is in- ent temperature and storage tempera-
corporated by reference as specified in ture.
§ 1910.6, except that ‘‘A’’ shall be the (b) Load imposed by heat flow into
total exposed surface area in square the container caused by maximum sun
feet up to 25 foot above grade or to the radiation.
equator of the storage container if it is (c) Maximum load imposed by filling

a sphere, whichever is greater. If the the container with ammonia warmer
relieving capacity required for fire ex- than the design storage temperature.
362
(ii) More than one storage container be equipped with a drain and gaging de-
may be handled by the same refrigera- vice.
tion system. (ii) [Reserved]
(9) Compressors. (i) A minimum of two (13) Condensers. The condenser sys-
compressors shall be provided either of tem may be cooled by air or water or
which shall be of sufficient size to han- both. The condenser shall be designed
dle the loads listed in paragraphs for at least 250 p.s.i.g. Provision shall
(d)(8)(i) (a) and (b) of this section. be made for purging noncondensibles
Where more than two compressors are either manually or automatically.
provided minimum standby equipment (14) Receiver and liquid drain. A re-
equal to the largest normally operating ceiver shall be provided with a liquid-
equipment shall be installed. Filling level control to discharge the liquid
compressors may be used as standby ammonia to storage. The receiver shall
equipment for holding compressors. be designed for at least 250 p.s.i.g. and
(ii) Compressors shall be sized to op- be equipped with the necessary connec-
erate with a suction pressure at least tions, safety valves, and gaging device.
10 percent below the minimum setting (15) Insulation. Refrigerated con-
of the safety valve(s) on the storage tainers and pipelines which are insu-
container and shall withstand a suc- lated shall be covered with a material
tion pressure at least equal to 120 per- of suitable quality and thickness for
cent of the design pressure of the con- the temperatures encountered. Insula-
tainer. tion shall be suitably supported and
protected against the weather. Weath-
(10) Compressor drives. (i) Each com-
erproofing shall be of a type which will
pressor shall have its individual driv-
not support flame propagation.
ing unit.
(e) Systems utilizing portable DOT con-
(ii) An emergency source of power of tainers—(1) Conformance. Cylinders
sufficient capacity to handle the loads shall comply with DOT specifications
listed in paragraphs (d)(8)(i) (a) and (b) and shall be maintained, filled, pack-
of this section shall be provided unless aged, marked, labeled, and shipped to
facilities are available to safely dispose comply with 49 CFR chapter I and the
of vented vapors while the refrigera- marking requirements set forth in
tion system is not operating. § 1910.253(b)(1)(ii).
(11) Automatic control equipment. (i) (2) Storage. Cylinders shall be stored
The refrigeration system shall be ar- in an area free from ignitable debris
ranged with suitable controls to govern and in such manner as to prevent ex-
the compressor operation in accord- ternal corrosion. Storage may be in-
ance with the load as evidenced by the doors or outdoors.
pressure in the container(s). (3) Heat protection. Cylinders filled in
(ii) An emergency alarm system shall accordance with DOT regulations will
be installed to function in the event become liquid full at 145 °F. Cylinders
the pressure in the container(s) rises to shall be protected from heat sources
the maximum allowable operating such as radiant flame and steampipes.
pressure. Heat shall not be applied directly to
(iii) An emergency alarm and shutoff cylinders to raise the pressure.
shall be located in the condenser sys- (4) Protection. Cylinders shall be
tem to respond to excess discharge stored in such manner as to protect
pressure caused by failure of the cool- them from moving vehicles or external
ing medium. damage.
(iv) All automatic controls shall be (5) Valve cap. Any cylinder which is
installed in a manner to preclude oper- designed to have a valve protection cap
ation of alternate compressors unless shall have the cap securely in place
the controls will function with the al- when the cylinder is not in service.
ternate compressors. (f) Tank motor vehicles for the transpor-
(12) Separators for compressors. (i) An tation of ammonia. (1) This paragraph
entrainment separator of suitable size applies to containers and pertinent
and design pressure shall be installed equipment mounted on tank motor ve-
in the compressor suction line of lubri- hicles including semitrailers and full
cated compression. The separator shall trailers used for the transportation of
363
ammonia. This paragraph does not space) or with an approved vapor re-
apply to farm vehicles. For require- turn valve of adequate capacity.
ments covering farm vehicles, refer to (4) Piping and fittings. (i) All piping,
paragraphs (g) and (h) of this section. tubing, and fittings shall be securely
Paragraph (b) of this section applies to mounted and protected against dam-
this paragraph unless otherwise noted. age. Means shall be provided to protect
Containers and pertinent equipment hoses while the vehicle is in motion.
for tank motor vehicles for the trans- (ii) Fittings shall comply with para-
portation of anhydrous ammonia, in graph (b)(6) of this section. Pipe shall
addition to complying with the re- be Schedule 80.
quirements of this section, shall also (5) Safety relief devices. (i) The dis-
comply with the requirements of DOT. charge from safety relief valves shall
be vented away from the container up-
(2) Design pressure and construction of
ward and unobstructed to the open air
containers. (i) The minimum design
in such a manner as to prevent any im-
pressure for containers shall be that
pingement of escaping gas upon the
specified in the regulations of the DOT.
container; loose-fitting rain caps shall
(ii) The shell or head thickness of be used. Size of discharge lines from
any container shall not be less than safety valves shall not be smaller than
three-sixteenth inch. the nominal size of the safety-relief
(iii) All container openings, except valve outlet connection. Suitable pro-
safety relief valves, liquid-level gaging vision shall be made for draining con-
devices, and pressure gages, shall be la- densate which may accumulate in the
beled to designate whether they com- discharge pipe.
municate with liquid or vapor space. (ii) Any portion of liquid ammonia
(3) Container appurtenances. (i) All ap- piping which at any time may be closed
purtenances shall be protected against at both ends shall be provided with a
physical damage. hydrostatic relief valve.
(ii) All connections to containers, ex- (6) Transfer of liquids. (i) The content
cept filling connections, safety relief of tank motor vehicle containers shall
devices, and liquid-level and pressure be determined by weight, by a suitable
gage connections, shall be provided liquid-level gaging device, or other ap-
with suitable automatic excess flow proved methods. If the content of a
valves, or in lieu thereof, may be fitted container is to be determined by liq-
with quick-closing internal valves, uid-level measurement, the container
which shall remain closed except dur- shall have a thermometer well so that
ing delivery operations. The control the internal liquid temperature can be
mechanism for such valves may be pro- easily determined. This volume when
vided with a secondary control remote converted to weight shall not exceed
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
364
the shutoff valves. The compressor (iii) When containers are mounted on
shall not be operated if either pressure four-wheel trailers, care shall be taken
gage is removed or is inoperative. A to insure that the weight is distributed
spring-loaded, safety-relief valve capa- evenly over both axles.
ble of discharging to atmosphere the (iv) When the cradle and the tank are
full flow of gas from the compressor at not welded together suitable material
a pressure not exceeding 300 p.s.i.g. shall be used between them to elimi-
shall be connected between the com- nate metal-to-metal friction.
pressor discharge and the discharge (4) Container appurtenances. (i) All
shutoff valve. containers shall be equipped with a
(iv) Valve functions shall be clearly fixed liquid-level gage.
and legibly identified by metal tags or (ii) All containers with a capacity ex-
nameplates permanently affixed to ceeding 250 gallons shall be equipped
each valve. with a pressure gage having a dial
(7)–(8) [Reserved] graduated from 0–400 p.s.i.
(9) Chock blocks. At least two chock
(iii) The filling connection shall be
blocks shall be provided. These blocks
fitted with combination back-pressure
shall be placed to prevent rolling of the
check valve and excess-flow valve; one
vehicle whenever it is parked during
double or two single back-pressure
loading and unloading operations.
check valves; or a positive shutoff
(10) Portable tank containers (skid
valve in conjunction with either an in-
tanks). Where portable tank containers
ternal back-pressure check valve or an
are used for farm storage they shall
internal excess flow valve.
comply with paragraph (c)(1) of this
(iv) All containers with a capacity
section. When portable tank containers
exceeding 250 gallons shall be equipped
are used in lieu of cargo tanks and are
for spray loading or with an approved
permanently mounted on tank motor
vapor return valve.
vehicles for the transportation of am-
monia, they shall comply with the re- (v) All vapor and liquid connections
quirements of this paragraph. except safety-relief valves and those
(g) Systems mounted on farm vehicles specifically exempted by paragraph
other than for the application of ammo- (b)(6)(v) of this section shall be
nia—(1) Application. This paragraph ap- equipped with approved excess-flow
plies to containers of 1,200 gallons ca- valves or may be fitted with quick-
pacity or less and pertinent equipment closing internal valves which, except
mounted on farm vehicles (implements during operating periods, shall remain
of husbandry) and used other than for closed.
the application of ammonia to the soil. (vi) Fittings shall be adequately pro-
Paragraph (b) of this section applies to tected from damage by a metal box or
this paragraph unless otherwise noted. cylinder with open top securely fas-
(2) Design pressure and classification of tened to the container or by rigid
containers. (i) The minimum design guards, well braced, welded to the con-
pressure for containers shall be 250 tainer on both sides of the fittings or
p.s.i.g. by a metal dome. If a metal dome is
(ii) The shell or head thickness of used, the relief valve shall be properly
any container shall be not less than vented through the dome.
three-sixteenths of an inch. (vii) If a liquid withdrawal line is in-
(3) Mounting containers. (i) A suitable stalled in the bottom of a container,
‘‘stop’’ or ‘‘stops’’ shall be mounted on the connections thereto, including
the vehicle or on the container in such hose, shall not be lower than the low-
a way that the container shall not be est horizontal edge of the vehicle axle.
dislodged from its mounting due to the (viii) Provision shall be made to se-
vehicle coming to a sudden stop. Back cure both ends of the hose while in
slippage shall also be prevented by transit.
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
365
§§ 1910.112–1910.113 29 CFR Ch. XVII (7–1–16 Edition)
marked in accordance with DOT regu- shall be flexibly connected to the con-
lations. tainer shutoff valve.
(6) Farm vehicles. (i) Farm vehicles (v) No excess flow valve is required in
shall conform with State regulations. the liquid withdrawal line provided the
(ii) All trailers shall be securely at- controlling orifice between the con-
tached to the vehicle drawing them by tents of the container and the outlet of
means of drawbars supplemented by the shutoff valve does not exceed
suitable safety chains. seven-sixteenths inch in diameter.
(iii) A trailer shall be constructed so [39 FR 23502, June 27, 1974, as amended at 43
that it will follow substantially in the FR 49748, Oct. 24, 1978; 49 FR 5322, Feb. 10,
path of the towing vehicle and will not 1984; 53 FR 12122, Apr. 12, 1988; 61 FR 9238,
whip or swerve dangerously from side Mar. 7, 1996; 63 FR 1269, Jan. 8, 1998; 63 FR
to side. 33466, June 18, 1998; 72 FR 71069, Dec. 14, 2007]
(iv) All vehicles shall carry a can
containing 5 gallons or more of water. §§ 1910.112–1910.113 [Reserved]
(h) Systems mounted on farm vehicles § 1910.119 Process safety management
for the application of ammonia. (1) This of highly hazardous chemicals.
paragraph applies to systems utilizing
Purpose. This section contains re-
containers of 250 gallons capacity or
quirements for preventing or mini-
less which are mounted on farm vehi-
mizing the consequences of cata-
cles (implement of husbandry) and used
strophic releases of toxic, reactive,
for the application of ammonia to the
flammable, or explosive chemicals.
soil. Paragraph (b) of this section ap-
These releases may result in toxic, fire
plies to this paragraph unless other-
or explosion hazards.
wise noted. Where larger containers are
(a) Application. (1) This section ap-
used, they shall comply with paragraph plies to the following:
(g) of this section. (i) A process which involves a chem-
(2) Design pressure and classification of ical at or above the specified threshold
containers. (i) The minimum design quantities listed in appendix A to this
pressure for containers shall be 250 section;
p.s.i.g. (ii) A process which involves a Cat-
(ii) The shell or head thickness of egory 1 flammable gas (as defined in
any container shall not be less than 1910.1200(c)) or a flammable liquid with
three-sixteenths inch. a flashpoint below 100 °F (37.8 °C) on
(3) Mounting of containers. All con- site in one location, in a quantity of
tainers and flow-control devices shall 10,000 pounds (4535.9 kg) or more except
be securely mounted. for:
(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 with a
shutoff valve in conjunction with an flashpoint below 100 °F (37.8 °C) stored
internal back-pressure check valve or in atmospheric tanks or transferred
an internal excess-flow valve. which are kept below their normal
(iii) The applicator tank may be boiling point without benefit of
filled by venting to open air provided chilling or refrigeration.
the bleeder valve orifice does not ex- (2) This section does not apply to:
ceed seven-sixteenths inch in diameter. (i) Retail facilities;
(iv) Regulation equipment may be (ii) Oil or gas well drilling or serv-
connected directly to the tank cou- icing operations; or,
pling or flange, in which case a flexible (iii) Normally unoccupied remote fa-
connection shall be used between such cilities.
regulating equipment and the remain- (b) Definitions. Atmospheric tank

der of the liquid withdrawal system. means a storage tank which has been
Regulating equipment not so installed designed to operate at pressures from
366
atmospheric through 0.5 p.s.i.g. (pounds Replacement in kind means a replace-

per square inch gauge, 3.45 Kpa). ment which satisfies the design speci-
Boiling point means the boiling point fication.
of a liquid at a pressure of 14.7 pounds Trade secret means any confidential
per square inch absolute (p.s.i.a.) (760 formula, pattern, process, device, infor-
mm.). For the purposes of this section, mation or compilation of information
where an accurate boiling point is un- that is used in an employer’s business,
available for the material in question, and that gives the employer an oppor-
or for mixtures which do not have a tunity to obtain an advantage over
constant boiling point, the 10 percent competitors who do not know or use it.
point of a distillation performed in ac- See Appendix E to § 1910.1200—Defini-
cordance with the Standard Method of tion of a Trade Secret (which sets out
Test for Distillation of Petroleum the criteria to be used in evaluating
Products, ASTM D–86–62, which is in- trade secrets).
corporated by reference as specified in (c) Employee participation. (1) Employ-
§ 1910.6, may be used as the boiling ers shall develop a written plan of ac-
point of the liquid. tion regarding the implementation of
Catastrophic release means a major the employee participation required by
uncontrolled emission, fire, or explo- this paragraph.
sion, involving one or more highly haz- (2) Employers shall consult with em-
ardous chemicals, that presents serious ployees and their representatives on
danger to employees in the workplace. the conduct and development of proc-
ess hazards analyses and on the devel-
Facility means the buildings, con-
opment of the other elements of proc-
tainers or equipment which contain a
ess safety management in this stand-
process.
ard.
Highly hazardous chemical means a (3) Employers shall provide to em-
substance possessing toxic, reactive, ployees and their representatives ac-
flammable, or explosive properties and cess to process hazard analyses and to
specified by paragraph (a)(1) of this all other information required to be de-
section. veloped under this standard.
Hot work means work involving elec- (d) Process safety information. In ac-
tric or gas welding, cutting, brazing, or cordance with the schedule set forth in
similar flame or spark-producing oper- paragraph (e)(1) of this section, the em-
ations. ployer shall complete a compilation of
Normally unoccupied remote facility written process safety information be-
means a facility which is operated, fore conducting any process hazard
maintained or serviced by employees analysis required by the standard. The
who visit the facility only periodically compilation of written process safety
to check its operation and to perform information is to enable the employer
necessary operating or maintenance and the employees involved in oper-
tasks. No employees are permanently ating the process to identify and under-
stationed at the facility. stand the hazards posed by those proc-
Facilities meeting this definition are esses involving highly hazardous
not contiguous with, and must be geo- chemicals. This process safety informa-
graphically remote from all other tion shall include information per-
buildings, processes or persons. taining to the hazards of the highly
Process means any activity involving hazardous chemicals used or produced
a highly hazardous chemical including by the process, information pertaining
any use, storage, manufacturing, han- to the technology of the process, and
dling, or the on-site movement of such information pertaining to the equip-
chemicals, or combination of these ac- ment in the process.
tivities. For purposes of this definition, (1) Information pertaining to the haz-
any group of vessels which are inter- ards of the highly hazardous chemicals in
connected and separate vessels which the process. This information shall con-
are located such that a highly haz- sist of at least the following:
ardous chemical could be involved in a (i) Toxicity information;

potential release shall be considered a (ii) Permissible exposure limits;
single process. (iii) Physical data;
367
(iv) Reactivity data: shall determine and document that the

(v) Corrosivity data; equipment is designed, maintained, in-
(vi) Thermal and chemical stability spected, tested, and operating in a safe
data; and manner.
(vii) Hazardous effects of inadvertent (e) Process hazard analysis. (1) The
mixing of different materials that employer shall perform an initial proc-
could foreseeably occur. ess hazard analysis (hazard evaluation)
NOTE: Safety data sheets meeting the re- on processes covered by this standard.
quirements of 29 CFR 1910.1200(g) may be The process hazard analysis shall be
used to comply with this requirement to the appropriate to the complexity of the
extent they contain the information required process and shall identify, evaluate,
by this subparagraph. and control the hazards involved in the
(2) Information pertaining to the tech- process. Employers shall determine and
nology of the process. (i) Information document the priority order for con-
concerning the technology of the proc- ducting process hazard analyses based
ess shall include at least the following: on a rationale which includes such con-
(A) A block flow diagram or sim- siderations as extent of the process
plified process flow diagram (see appen- hazards, number of potentially affected
dix B to this section); employees, age of the process, and op-
(B) Process chemistry; erating history of the process. The
(C) Maximum intended inventory; process hazard analysis shall be con-
(D) Safe upper and lower limits for ducted as soon as possible, but not
such items as temperatures, pressures, later than the following schedule:
flows or compositions; and, (i) No less than 25 percent of the ini-
(E) An evaluation of the con- tial process hazards analyses shall be
sequences of deviations, including completed by May 26, 1994;
those affecting the safety and health of (ii) No less than 50 percent of the ini-
employees. tial process hazards analyses shall be
(ii) Where the original technical in- completed by May 26, 1995;
formation no longer exists, such infor- (iii) No less than 75 percent of the
mation may be developed in conjunc- initial process hazards analyses shall
tion with the process hazard analysis be completed by May 26, 1996;
in sufficient detail to support the anal- (iv) All initial process hazards anal-
ysis. yses shall be completed by May 26, 1997.
(3) Information pertaining to the equip- (v) Process hazards analyses com-
ment in the process. (i) Information per- pleted after May 26, 1987 which meet
taining to the equipment in the process the requirements of this paragraph are
shall include: acceptable as initial process hazards
(A) Materials of construction; analyses. These process hazard anal-
(B) Piping and instrument diagrams yses shall be updated and revalidated,
(P&ID’s); based on their completion date, in ac-
(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,
(H) Safety systems (e.g. interlocks, (i) What-If;
detection or suppression systems). (ii) Checklist;
(ii) The employer shall document (iii) What-If/Checklist;
that equipment complies with recog- (iv) Hazard and Operability Study
nized and generally accepted good engi- (HAZOP):
neering practices. (v) Failure Mode and Effects Analysis
(iii) For existing equipment designed (FMEA);
and constructed in accordance with (vi) Fault Tree Analysis; or

codes, standards, or practices that are (vii) An appropriate equivalent meth-
no longer in general use, the employer odology.
368
(3) The process hazard analysis shall (7) Employers shall retain process
address: hazards analyses and updates or re-
(i) The hazards of the process; validations for each process covered by
(ii) The identification of any previous this section, as well as the documented
incident which had a likely potential resolution of recommendations de-
for catastrophic consequences in the scribed in paragraph (e)(5) of this sec-
workplace; tion for the life of the process.
(iii) Engineering and administrative (f) Operating procedures (1) The em-
controls applicable to the hazards and ployer shall develop and implement
their interrelationships such as appro- written operating procedures that pro-
priate application of detection meth- vide clear instructions for safely con-
odologies to provide early warning of ducting activities involved in each cov-
releases. (Acceptable detection meth- ered process consistent with the proc-
ods might include process monitoring ess safety information and shall ad-
and control instrumentation with dress at least the following elements.
alarms, and detection hardware such as (i) Steps for each operating phase:
hydrocarbon sensors.); (A) Initial startup;
(iv) Consequences of failure of engi- (B) Normal operations;
neering and administrative controls; (C) Temporary operations;
(v) Facility siting; (D) Emergency shutdown including
(vi) Human factors; and the conditions under which emergency
(vii) A qualitative evaluation of a shutdown is required, and the assign-
range of the possible safety and health ment of shutdown responsibility to
effects of failure of controls on employ- qualified operators to ensure that
ees in the workplace. emergency shutdown is executed in a
(4) The process hazard analysis shall safe and timely manner.
be performed by a team with expertise (E) Emergency Operations;
in engineering and process operations, (F) Normal shutdown; and,
and the team shall include at least one (G) Startup following a turnaround,
employee who has experience and or after an emergency shutdown.
knowledge specific to the process being (ii) Operating limits:
evaluated. Also, one member of the (A) Consequences of deviation; and
team must be knowledgeable in the (B) Steps required to correct or avoid
specific process hazard analysis meth- deviation.
odology being used. (iii) Safety and health considerations:
(5) The employer shall establish a (A) Properties of, and hazards pre-
system to promptly address the team’s sented by, the chemicals used in the
findings and recommendations; assure process;
that the recommendations are resolved (B) Precautions necessary to prevent
in a timely manner and that the reso- exposure, including engineering con-
lution is documented; document what trols, administrative controls, and per-
actions are to be taken; complete ac- sonal protective equipment;
tions as soon as possible; develop a (C) Control measures to be taken if
written schedule of when these actions physical contact or airborne exposure
are to be completed; communicate the occurs;
actions to operating, maintenance and (D) Quality control for raw materials
other employees whose work assign- and control of hazardous chemical in-
ments are in the process and who may ventory levels; and,
be affected by the recommendations or (E) Any special or unique hazards.
actions. (iv) Safety systems and their functions.
(6) At least every five (5) years after (2) Operating procedures shall be
the completion of the initial process readily accessible to employees who
hazard analysis, the process hazard work in or maintain a process.
analysis shall be updated and revali- (3) The operating procedures shall be
dated by a team meeting the require- reviewed as often as necessary to as-
ments in paragraph (e)(4) of this sec- sure that they reflect current oper-
tion, to assure that the process hazard ating practice, including changes that
analysis is consistent with the current result from changes in process chemi-
process. cals, technology, and equipment, and
369
changes to facilities. The employer (h) Contractors—(1) Application. This

shall certify annually that these oper- paragraph applies to contractors per-
ating procedures are current and accu- forming maintenance or repair, turn-
rate. around, major renovation, or specialty
(4) The employer shall develop and work on or adjacent to a covered proc-
implement safe work practices to pro- ess. It does not apply to contractors
vide for the control of hazards during providing incidental services which do
operations such as lockout/tagout; con- not influence process safety, such as
fined space entry; opening process janitorial work, food and drink serv-
equipment or piping; and control over ices, laundry, delivery or other supply
entrance into a facility by mainte- services.
nance, contractor, laboratory, or other (2) Employer responsibilities. (i) The
support personnel. These safe work employer, when selecting a contractor,
practices shall apply to employees and shall obtain and evaluate information
contractor employees. regarding the contract employer’s safe-
(g) Training—(1) Initial training. (i) ty performance and programs.
Each employee presently involved in (ii) The employer shall inform con-
operating a process, and each employee tract employers of the known potential
before being involved in operating a fire, explosion, or toxic release hazards
newly assigned process, shall be related to the contractor’s work and
trained in an overview of the process the process.
and in the operating procedures as (iii) The employer shall explain to
specified in paragraph (f) of this sec- contract employers the applicable pro-
tion. The training shall include empha- visions of the emergency action plan
sis on the specific safety and health required by paragraph (n) of this sec-
hazards, emergency operations includ- tion.
ing shutdown, and safe work practices (iv) The employer shall develop and
applicable to the employee’s job tasks. implement safe work practices con-
(ii) In lieu of initial training for sistent with paragraph (f)(4) of this sec-
those employees already involved in tion, to control the entrance, presence
operating a process on May 26, 1992, an and exit of contract employers and
employer may certify in writing that contract employees in covered process
the employee has the required knowl- areas.
edge, skills, and abilities to safely (v) The employer shall periodically
carry out the duties and responsibil- evaluate the performance of contract
ities as specified in the operating pro- employers in fulfilling their obliga-
cedures. tions as specified in paragraph (h)(3) of
(2) Refresher training. Refresher train- this section.
ing shall be provided at least every (vi) The employer shall maintain a
three years, and more often if nec- contract employee injury and illness
essary, to each employee involved in log related to the contractor’s work in
operating a process to assure that the process areas.
employee understands and adheres to (3) Contract employer responsibilities.
the current operating procedures of the (i) The contract employer shall assure
process. The employer, in consultation that each contract employee is trained
with the employees involved in oper- in the work practices necessary to safe-
ating the process, shall determine the ly perform his/her job.
appropriate frequency of refresher (ii) The contract employer shall as-
training. sure that each contract employee is in-
(3) Training documentation. The em- structed in the known potential fire,
ployer shall ascertain that each em- explosion, or toxic release hazards re-
ployee involved in operating a process lated to his/her job and the process,
has received and understood the train- and the applicable provisions of the
ing required by this paragraph. The emergency action plan.
employer shall prepare a record which (iii) The contract employer shall doc-
contains the identity of the employee, ument that each contract employee
the date of training, and the means has received and understood the train-
used to verify that the employee under- ing required by this paragraph. The
stood the training. contract employer shall prepare a
370
record which contains the identity of procedures to maintain the on-going

the contract employee, the date of integrity of process equipment.
training, and the means used to verify (3) Training for process maintenance
that the employee understood the activities. The employer shall train each
training. employee involved in maintaining the
(iv) The contract employer shall as- on-going integrity of process equip-
sure that each contract employee fol- ment in an overview of that process
lows the safety rules of the facility in- and its hazards and in the procedures
cluding the safe work practices re- applicable to the employee’s job tasks
quired by paragraph (f)(4) of this sec- to assure that the employee can per-
tion. form the job tasks in a safe manner.
(v) The contract employer shall ad- (4) Inspection and testing. (i) Inspec-
vise the employer of any unique haz- tions and tests shall be performed on
ards presented by the contract employ- process equipment.
er’s work, or of any hazards found by (ii) Inspection and testing procedures
the contract employer’s work. shall follow recognized and generally
(i) Pre-startup safety review. (1) The accepted good engineering practices.
employer shall perform a pre-startup (iii) The frequency of inspections and
safety review for new facilities and for tests of process equipment shall be con-
modified facilities when the modifica- sistent with applicable manufacturers’
tion is significant enough to require a recommendations and good engineering
change in the process safety informa- practices, and more frequently if deter-
tion. mined to be necessary by prior oper-
(2) The pre-startup safety review ating experience.
shall confirm that prior to the intro- (iv) The employer shall document
duction of highly hazardous chemicals each inspection and test that has been
to a process: performed on process equipment. The
(i) Construction and equipment is in documentation shall identify the date
accordance with design specifications; of the inspection or test, the name of
(ii) Safety, operating, maintenance, the person who performed the inspec-
and emergency procedures are in place tion or test, the serial number or other
and are adequate; identifier of the equipment on which
(iii) For new facilities, a process haz- the inspection or test was performed, a
ard analysis has been performed and description of the inspection or test
recommendations have been resolved performed, and the results of the in-
or implemented before startup; and spection or test.
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.
371
(k) Hot work permit. (1) The employer (2) An incident investigation shall be
shall issue a hot work permit for hot initiated as promptly as possible, but
work operations conducted on or near a not later than 48 hours following the
covered process. incident.
(2) The permit shall document that (3) An incident investigation team
the fire prevention and protection re- shall be established and consist of at
quirements in 29 CFR 1910.252(a) have least one person knowledgeable in the
been implemented prior to beginning process involved, including a contract
the hot work operations; it shall indi- employee if the incident involved work
cate the date(s) authorized for hot of the contractor, and other persons
work; and identify the object on which with appropriate knowledge and experi-
hot work is to be performed. The per- ence to thoroughly investigate and
mit shall be kept on file until comple- analyze the incident.
tion of the hot work operations. (4) A report shall be prepared at the
(l) Management of change. (1) The em- conclusion of the investigation which
ployer shall establish and implement includes at a minimum:
written procedures to manage changes (i) Date of incident;
(except for ‘‘replacements in kind’’) to (ii) Date investigation began;
process chemicals, technology, equip- (iii) A description of the incident;
ment, and procedures; and, changes to (iv) The factors that contributed to
facilities that affect a covered process. the incident; and,
(2) The procedures shall assure that (v) Any recommendations resulting
the following considerations are ad- from the investigation.
dressed prior to any change: (5) The employer shall establish a
(i) The technical basis for the pro- system to promptly address and resolve
posed change; the incident report findings and rec-
ommendations. Resolutions and correc-
(ii) Impact of change on safety and
tive actions shall be documented.
health;
(6) The report shall be reviewed with
(iii) Modifications to operating pro-
all affected personnel whose job tasks
cedures;
are relevant to the incident findings in-
(iv) Necessary time period for the cluding contract employees where ap-
change; and, plicable.
(v) Authorization requirements for (7) Incident investigation reports
the proposed change. shall be retained for five years.
(3) Employees involved in operating a (n) Emergency planning and response.
process and maintenance and contract The employer shall establish and im-
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.
372
(4) The employer shall promptly de- CHEMICAL name CAS* TQ**
termine and document an appropriate
Ammonium Perchlorate ....................... 7790–98–9 7500
response to each of the findings of the Ammonium Permanganate .................. 7787–36–2 7500
compliance audit, and document that Arsine (also called Arsenic Hydride) ... 7784–42–1 100
deficiencies have been corrected. Bis(Chloromethyl) Ether ...................... 542–88–1 100
Boron Trichloride ................................. 10294–34–5 2500
(5) Employers shall retain the two (2) Boron Trifluoride .................................. 7637–07–2 250
most recent compliance audit reports. Bromine ............................................... 7726–95–6 1500
(p) Trade secrets. (1) Employers shall Bromine Chloride ................................. 13863–41–7 1500
make all information necessary to Bromine Pentafluoride ......................... 7789–30–2 2500
Bromine Trifluoride .............................. 7787–71–5 15000
comply with the section available to 3–Bromopropyne (also called Pro-
those persons responsible for compiling pargyl Bromide) ............................... 106–96–7 100
the process safety information (re- Butyl Hydroperoxide (Tertiary) ............ 75–91–2 5000
Butyl Perbenzoate (Tertiary) ............... 614–45–9 7500
quired by paragraph (d) of this section), Carbonyl Chloride (see Phosgene) ..... 75–44–5 100
those assisting in the development of Carbonyl Fluoride ................................ 353–50–4 2500
the process hazard analysis (required Cellulose Nitrate (concentration
by paragraph (e) of this section), those >12.6% nitrogen ............................... 9004–70–0 2500
Chlorine ............................................... 7782–50–5 1500
responsible for developing the oper- Chlorine Dioxide .................................. 10049–04–4 1000
ating procedures (required by para- Chlorine Pentrafluoride ........................ 13637–63–3 1000
graph (f) of this section), and those in- Chlorine Trifluoride .............................. 7790–91–2 1000
Chlorodiethylaluminum (also called
volved in incident investigations (re- Diethylaluminum Chloride) ............... 96–10–6 5000
quired by paragraph (m) of this sec- 1-Chloro-2,4-Dinitrobenzene ............... 97–00–7 5000
tion), emergency planning and response Chloromethyl Methyl Ether .................. 107–30–2 500
(paragraph (n) of this section) and com- Chloropicrin ......................................... 76–06–2 500
Chloropicrin and Methyl Bromide mix-
pliance audits (paragraph (o) of this ture ................................................... None 1500
section) without regard to possible Chloropicrin and Methyl Chloride mix-
trade secret status of such informa- ture ................................................... None 1500
Cumene Hydroperoxide ...................... 80–15–9 5000
tion. Cyanogen ............................................ 460–19–5 2500
(2) Nothing in this paragraph shall Cyanogen Chloride .............................. 506–77–4 500
preclude the employer from requiring Cyanuric Fluoride ................................ 675–14–9 100
the persons to whom the information is Diacetyl Peroxide (Concentration
>70%) ............................................... 110–22–5 5000
made available under paragraph (p)(1) Diazomethane ..................................... 334–88–3 500
of this section to enter into confiden- Dibenzoyl Peroxide ............................. 94–36–0 7500
tiality agreements not to disclose the Diborane .............................................. 19287–45–7 100
Dibutyl Peroxide (Tertiary) .................. 110–05–4 5000
information as set forth in 29 CFR Dichloro Acetylene .............................. 7572–29–4 250
1910.1200. Dichlorosilane ...................................... 4109–96–0 2500
(3) Subject to the rules and proce- Diethylzinc ........................................... 557–20–0 10000
dures set forth in 29 CFR 1910.1200(i)(1) Diisopropyl Peroxydicarbonate ............ 105–64–6 7500
Dilaluroyl Peroxide .............................. 105–74–8 7500
through 1910.1200(i)(12), employees and Dimethyldichlorosilane ......................... 75–78–5 1000
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
Ethyl Methyl Ketone Peroxide (also
analysis and other documents required 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
Ethyleneimine ...................................... 151–56–4 1000
This appendix contains a listing of toxic 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 Hydrogen Sulfide ................................. 7783–06–4 1500
Ammonia solutions (>44% ammonia Hydroxylamine ..................................... 7803–49–8 2500
by weight) ........................................ 7664–41–7 15000 Iron, Pentacarbonyl ............................. 13463–40–6 250
373
CHEMICAL name CAS* TQ** CHEMICAL name CAS* TQ**
Isopropylamine .................................... 75–31–0 5000 Perchloric Acid (concentration >60%

Ketene ................................................. 463–51–4 100 by weight) ........................................ 7601–90–3 5000
Methacrylaldehyde .............................. 78–85–3 1000 Perchloromethyl Mercaptan ................ 594–42–3 150
Methacryloyl Chloride .......................... 920–46–7 150 Perchloryl Fluoride .............................. 7616–94–6 5000
Methacryloyloxyethyl Isocyanate ......... 30674–80–7 100 Peroxyacetic Acid (concentration
Methyl Acrylonitrile .............................. 126–98–7 250 >60% Acetic Acid; also called Per-
Methylamine, Anhydrous ..................... 74–89–5 1000 acetic Acid) ...................................... 79–21–0 1000
Methyl Bromide ................................... 74–83–9 2500 Phosgene (also called Carbonyl Chlo-
Methyl Chloride ................................... 74–87–3 15000 ride) .................................................. 75–44–5 100
Methyl Chloroformate .......................... 79–22–1 500 Phosphine (Hydrogen Phosphide) ...... 7803–51–2 100
Methyl Ethyl Ketone Peroxide (con-
Phosphorus Oxychloride (also called
centration >60%) .............................. 1338–23–4 5000
Phosphoryl Chloride) ....................... 10025–87–3 1000
Methyl Fluoroacetate ........................... 453–18–9 100
Phosphorus Trichloride ....................... 7719–12–2 1000
Methyl Fluorosulfate ............................ 421–20–5 100
Methyl Hydrazine ................................. 60–34–4 100 Phosphoryl Chloride (also called
Methyl Iodide ....................................... 74–88–4 7500 Phosphorus Oxychloride) ................ 10025–87–3 1000
Methyl Isocyanate ............................... 624–83–9 250 Propargyl Bromide ............................... 106–96–7 100
Methyl Mercaptan ................................ 74–93–1 5000 Propyl Nitrate ....................................... 627–3–4 2500
Methyl Vinyl Ketone ............................ 79–84–4 100 Sarin .................................................... 107–44–8 100
Methyltrichlorosilane ............................ 75–79–6 500 Selenium Hexafluoride ........................ 7783–79–1 1000
Nickel Carbonly (Nickel Tetracarbonyl) 13463–39–3 150 Stibine (Antimony Hydride) ................. 7803–52–3 500
Nitric Acid (94.5% by weight or great- Sulfur Dioxide (liquid) .......................... 7446–09–5 1000
er) ..................................................... 7697–37–2 500 Sulfur Pentafluoride ............................. 5714–22–7 250
Nitric Oxide .......................................... 10102–43–9 250 Sulfur Tetrafluoride .............................. 7783–60–0 250
Nitroaniline (para Nitroaniline .............. 100–01–6 5000 Sulfur Trioxide (also called Sulfuric
Nitromethane ....................................... 75–52–5 2500 Anhydride) ........................................ 7446–11–9 1000
Nitrogen Dioxide .................................. 10102–44–0 250 Sulfuric Anhydride (also called Sulfur
Nitrogen Oxides (NO; NO2; N204; Trioxide) ........................................... 7446–11–9 1000
N203) ............................................... 10102–44–0 250 Tellurium Hexafluoride ........................ 7783–80–4 250
Nitrogen Tetroxide (also called Nitro- Tetrafluoroethylene .............................. 116–14–3 5000
gen Peroxide) .................................. 10544–72–6 250 Tetrafluorohydrazine ............................ 10036–47–2 5000
Nitrogen Trifluoride .............................. 7783–54–2 5000 Tetramethyl Lead ................................ 75–74–1 1000
Nitrogen Trioxide ................................. 10544–73–7 250
Thionyl Chloride .................................. 7719–09–7 250
Oleum (65% to 80% by weight; also
Trichloro (chloromethyl) Silane ........... 1558–25–4 100
called Fuming Sulfuric Acid) ............ 8014–95–7 1,000
Trichloro (dichlorophenyl) Silane ......... 27137–85–5 2500
Osmium Tetroxide ............................... 20816–12–0 100
Oxygen Difluoride (Fluorine Monoxide) 7783–41–7 100 Trichlorosilane ..................................... 10025–78–2 5000
Ozone .................................................. 10028–15–6 100 Trifluorochloroethylene ........................ 79–38–9 10000
Pentaborane ........................................ 19624–22–7 100 Trimethyoxysilane ................................ 2487–90–3 1500
Peracetic Acid (concentration >60% *Chemical Abstract Service Number.
Acetic Acid; also called Peroxy- **Threshold Quantity in Pounds (Amount necessary to be
acetic Acid) ...................................... 79–21–0 1000 covered by this standard).
374
APPENDIX B TO § 1910.119—BLOCK FLOW DIAGRAM AND SIMPLIFIED PROCESS

FLOW DIAGRAM (NONMANDATORY)
375
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
376
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 management 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-
tory of the highly hazardous chemical. This chemicals, including process intermediates,
reduction in inventory will result in a reduc- needs to be comprehensive enough for an ac-
tion of the risk or potential for a cata- curate assessment of the fire and explosion
strophic incident. Also, employers including characteristics, reactivity hazards, the safe-
small employers may be able to establish ty and health hazards to workers, and the
more efficient inventory control by reducing corrosion and erosion effects on the process
the quantities of highly hazardous chemicals equipment and monitoring tools. Current
on site below the established threshold quan- safety data sheet (SDS) information can be
tities. This reduction can be accomplished used to help meet this requirement which
by ordering smaller shipments and maintain- must be supplemented with process chem-
ing the minimum inventory necessary for ef- istry information including runaway reac-
ficient and safe operation. When reduced in- tion and over pressure hazards 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
377
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
378
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
379
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 SDSs. However, additional training
rameters are achieved. in subjects such as operating procedures and
Computerized process control systems add safety work practices, emergency evacuation
complexity to operating instructions. These and response, safety procedures, routine and
operating instructions need to describe the nonroutine work authorization activities,
logic of the software as well as the relation- and other areas pertinent to process safety
and health will need to be covered by an em-
ship between the equipment and the control
ployer’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.
380
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
381
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
382
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
383
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
384
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 safety pared to what is written.
data sheets, emergency plans and procedures An effective audit includes a review of the
manual, a listing with the location of emer- relevant documentation and process safety
gency response equipment, mutual aid infor- information, inspection of the physical fa-
mation, and access to meteorological or cilities, and interviews with all levels of
weather condition data and any dispersion plant personnel. Utilizing the audit proce-
modeling data. dure and checklist developed in the
385
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,
NY 10017.
systematic analysis, should document areas
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.
386
11. ‘‘Loss Prevention in the Process Indus- (ii) Corrective actions involving
tries,’’ Volumes I and II; Frank P. Lees, clean-up operations at sites covered by
Butterworth; London 1983. the Resource Conservation and Recov-
12. ‘‘Safety and Health Program Manage-
ery Act of 1976 (RCRA) as amended (42
ment Guidelines,’’ 1989; U.S. Department of
Labor, Occupational Safety and Health Ad- U.S.C. 6901 et seq.);
ministration. (iii) Voluntary clean-up operations at
13. ‘‘Safety and Health Guide for the Chem- sites recognized by Federal, state, local
ical Industry,’’ 1986, (OSHA 3091); U.S. De- or other governmental bodies as uncon-
partment of Labor, Occupational Safety and trolled hazardous waste sites;
Health Administration; 200 Constitution Av-
(iv) Operations involving hazardous
enue, N.W., Washington, D.C. 20210.
14. ‘‘Review of Emergency Systems,’’ June
wastes that are conducted at treat-
1988; U.S. Environmental Protection Agency ment, storage, and disposal (TSD) fa-
(EPA), Office of Solid Waste and Emergency cilities regulated by 40 CFR parts 264
Response, Washington, DC 20460. and 265 pursuant to RCRA; or by agen-
15. ‘‘Technical Guidance for Hazards Anal- cies under agreement with U.S.E.P.A.
ysis, Emergency Planning for Extremely to implement RCRA regulations; and
Hazardous Substances,’’ December 1987; U.S. (v) Emergency response operations
Environmental Protection Agency (EPA),
Federal Emergency Management Adminis-
for releases of, or substantial threats of
tration (FEMA) and U.S. Department of releases of, hazardous substances with-
Transportation (DOT), Washington, DC 20460. out regard to the location of the haz-
16. ‘‘Accident Investigation * * * A New ard.
Approach,’’ 1983, National Safety Council; 444 (2) Application. (i) All requirements of
North Michigan Avenue, Chicago, IL 60611– part 1910 and part 1926 of title 29 of the
3991. Code of Federal Regulations apply pur-
17. ‘‘Fire & Explosion Index Hazard Classi-
suant to their terms to hazardous
fication Guide,’’ 6th Edition, May 1987, Dow
Chemical Company; Midland, Michigan 48674. waste and emergency response oper-
18. ‘‘Chemical Exposure Index,’’ May 1988, ations whether covered by this section
Dow Chemical Company; Midland, Michigan or not. If there is a conflict or overlap,
48674. the provision more protective of em-
[57 FR 6403, Feb. 24, 1992; 57 FR 7847, Mar. 4,
ployee safety and health shall apply
1992, as amended at 61 FR 9238, Mar. 7, 1996; without regard to 29 CFR 1910.5(c)(1).
67 FR 67964, Nov. 7, 2002; 76 FR 80738, Dec. 27, (ii) Hazardous substance clean-up op-
2011; 77 FR 17776, Mar. 26, 2012; 78 FR 9313, erations within the scope of paragraphs
Feb. 8, 2013] (a)(1)(i) through (a)(1)(iii) of this sec-
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
the reasonable possibility for employee NOTES AND EXCEPTIONS: (A) All provisions
of paragraph (p) of this section cover any
exposure to safety or health hazards:
treatment, storage or disposal (TSD) oper-
(i) Clean-up operations required by a ation regulated by 40 CFR parts 264 and 265
governmental body, whether Federal, or by state law authorized under RCRA, and
state, local or other involving haz- required to have a permit or interim status
ardous substances that are conducted from EPA pursuant to 40 CFR 270.1 or from
at uncontrolled hazardous waste sites a state agency pursuant to RCRA.
(including, but not limited to, the (B) Employers who are not required to
EPA’s National Priority Site List have a permit or interim status because they
(NPL), state priority site lists, sites are conditionally exempt small quantity
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
ardous substances has been (p)(7) of this section. Excepted employers
ascertained); who are required by the EPA or state agency
387
to have their employees engage in emer- substance. Responses to incidental re-
gency response or who direct their employ- leases of hazardous substances where
ees to engage in emergency response are cov- the substance can be absorbed, neutral-
ered by paragraph (p)(8) of this section, and
ized, or otherwise controlled at the
cannot be exempted by (p)(8)(i) of this sec-
tion. Excepted employers who are not re- time of release by employees in the im-
quired to have employees engage in emer- mediate release area, or by mainte-
gency response, who direct their employees nance personnel are not considered to
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-
sponse operations in that area shall comply exposure) are not considered to be
with paragraph (p)(8) of this section. In other emergency responses.
areas not used primarily for treatment, stor- Facility means (A) any building,
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-
tion. motor vehicle, rolling stock, or air-
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 103(14) of the Comprehensive Envi-
employees from outside the immediate ronmental Response Compensation and
release area or by other designated re- Liability Act (CERCLA) (42 U.S.C.
sponders (i.e., mutual-aid groups, local 9601).
fire departments, etc.) to an occurrence (B) Any biological agent and other
which results, or is likely to result, in disease-causing agent which after re-
an uncontrolled release of a hazardous lease into the environment and upon
388
exposure, ingestion, inhalation, or as- vidual’s ability to escape from a dan-

similation into any person, either di- gerous atmosphere.
rectly from the environment or indi- Oxygen deficiency means that con-
rectly by ingestion through food centration of oxygen by volume below
chains, will or may reasonably be an- which atmosphere supplying res-
ticipated to cause death, disease, be- piratory protection must be provided.
havioral abnormalities, cancer, genetic It exists in atmospheres where the per-
mutation, physiological malfunctions centage of oxygen by volume is less
(including malfunctions in reproduc- than 19.5 percent oxygen.
tion) or physical deformations in such Permissible exposure limit means the
persons or their offspring; exposure, inhalation or dermal permis-
(C) Any substance listed by the U.S. sible exposure limit specified in 29 CFR
Department of Transportation as haz- part 1910, subparts G and Z.
ardous materials under 49 CFR 172.101 Published exposure level means the ex-
and appendices; and posure limits published in ‘‘NIOSH
(D) Hazardous waste as herein de- Recommendations for Occupational
fined. Health Standards’’ dated 1986, which is
Hazardous waste means— incorporated by reference as specified
in § 1910.6 or if none is specified, the ex-
(A) A waste or combination of wastes
posure limits published in the stand-
as defined in 40 CFR 261.3, or
ards specified by the American Con-
(B) Those substances defined as haz- ference of Governmental Industrial Hy-
ardous wastes in 49 CFR 171.8. gienists in their publication ‘‘Thresh-
Hazardous waste operation means any old Limit Values and Biological Expo-
operation conducted within the scope sure Indices for 1987–88’’ dated 1987,
of this standard. which is incorporated by reference as
Hazardous waste site or Site means specified in § 1910.6.
any facility or location within the Post emergency response means that
scope of this standard at which haz- portion of an emergency response per-
ardous waste operations take place. formed after the immediate threat of a
Health hazard means a chemical or a release has been stabilized or elimi-
pathogen where acute or chronic nated and clean-up of the site has
health effects may occur in exposed begun. If post emergency response is
employees. It also includes stress due performed by an employer’s own em-
to temperature extremes. The term ployees who were part of the initial
health hazard includes chemicals that emergency response, it is considered to
are classified in accordance with the be part of the initial response and not
Hazard Communication Standard, 29 post emergency response. However, if a
CFR 1910.1200, as posing one of the fol- group of an employer’s own employees,
lowing hazardous effects: Acute tox- separate from the group providing ini-
icity (any route of exposure); skin cor- tial response, performs the clean-up op-
rosion or irritation; serious eye dam- eration, then the separate group of em-
age or eye irritation; respiratory or ployees would be considered to be per-
skin sensitization; germ cell mutage- forming post-emergency response and
nicity; carcinogenicity; reproductive subject to paragraph (q)(11) of this sec-
toxicity; specific target organ toxicity tion.
(single or repeated exposure); aspira- Qualified person means a person with
tion toxicity or simple asphyxiant. (See specific training, knowledge and expe-
Appendix A to § 1910.1200—Health Haz- rience in the area for which the person
ard Criteria (Mandatory) for the cri- has the responsibility and the author-
teria for determining whether a chem- ity to control.
ical is classified as a health hazard.) 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.
389
Small quantity qenerator means a gen- (F) The employer’s standard oper-
erator of hazardous wastes who in any ating procedures for safety and health;
calendar month generates no more and
than 1,000 kilograms (2,205 pounds) of (G) Any necessary interface between
hazardous waste in that month. general program and site specific ac-
Uncontrolled hazardous waste site, tivities.
means an area identified as an uncon- (iii) Site excavation. Site excavations
trolled hazardous waste site by a gov- created during initial site preparation
ernmental body, whether Federal, or during hazardous waste operations
state, local or other where an accumu- shall be shored or sloped as appropriate
lation of hazardous substances creates to prevent accidental collapse in ac-
a threat to the health and safety of in- cordance with subpart P of 29 CFR part
dividuals or the environment or both. 1926.
Some sites are found on public lands (iv) Contractors and sub-contractors.
such as those created by former munic- An employer who retains contractor or
ipal, county or state landfills where il- sub-contractor services for work in
legal or poorly managed waste disposal hazardous waste operations shall in-
has taken place. Other sites are found form those contractors, sub-contrac-
on private property, often belonging to tors, or their representatives of the
generators or former generators of haz- site emergency response procedures
ardous substance wastes. Examples of and any potential fire, explosion,
such sites include, but are not limited health, safety or other hazards of the
to, surface impoundments, landfills, hazardous waste operation that have
dumps, and tank or drum farms. Nor- been identified by the employer, in-
mal operations at TSD sites are not cluding those identified in the employ-
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
agencies with regulatory authority
(1) General. (i) Employers shall de-
over the site.
velop and implement a written safety
(2) Organizational structure part of the
and health program for their employ-
site program—(i) The organizationa1
ees involved in hazardous waste oper-
structure part of the program shall es-
ations. The program shall be designed
tablish the specific chain of command
to identify, evaluate, and control safe-
and specify the overall responsibilities
ty and health hazards, and provide for
of supervisors and employees. It shall
emergency response for hazardous
include, at a minimum, the following
waste operations.
elements:
(ii) The written safety and health (A) A general supervisor who has the
program shall incorporate the fol- responsibility and authority to direct
lowing: all hazardous waste operations.
(A) An organizational structure; (B) A site safety and health super-
(B) A comprehensive workplan; visor who has the responsibility and
(C) A site-specific safety and health authority to develop and implement
plan which need not repeat the employ- the site safety and health plan and
er’s standard operating procedures re- verify compliance.
quired in paragraph (b)(1)(ii)(F) of this (C) All other personnel needed for
section; hazardous waste site operations and
(D) The safety and health training emergency response and their general
program; functions and responsibilities.

(E) The medical surveillance pro- (D) The lines of authority, responsi-
gram; bility, and communication.
390
(ii) The organizational structure (D) Medical surveillance require-

shall be reviewed and updated as nec- ments in accordance with the program
essary to reflect the current status of in paragraph (f) of this section.
waste site operations. (E) Frequency and types of air moni-
(3) Comprehensive workplan part of the toring, personnel monitoring, and envi-
site program. The comprehensive ronmental sampling techniques and in-
workplan part of the program shall ad- strumentation to be used, including
dress the tasks and objectives of the methods of maintenance and calibra-
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.
(iv) The comprehensive workplan (I) Confined space entry procedures.
shall provide for the implementation of (J) A spill containment program
the training required in paragraph (e) meeting the requirements of paragraph
of this section. (j) of this section.
(v) The comprehensive workplan (iii) Pre-entry briefing. The site spe-
shall provide for the implementation of cific safety and health plan shall pro-
the required informational programs vide for pre-entry briefings to be held
required in paragraph (i) of this sec- prior to initiating any site activity,
tion. and at such other times as necessary to
(vi) The comprehensive workplan ensure that employees are apprised of
shall provide for the implementation of the site safety and health plan and
the medical surveillance program de- that this plan is being followed. The in-
scribed in paragraph (f) of this section. formation and data obtained from site
(4) Site-specific safety and health plan characterization and analysis work re-
part of the program—(i) General. The site quired in paragraph (c) of this section
safety and health plan, which must be shall be used to prepare and update the
kept on site, shall address the safety site safety and health plan.
and health hazards of each phase of site (iv) Effectiveness of site safety and
operation and include the requirements health plan. Inspections shall be con-
and procedures for employee protec- ducted by the site safety and health su-
tion. pervisor or, in the absence of that indi-
(ii) Elements. The site safety and vidual, another individual who is
health plan, as a minimum, shall ad- knowledgeable in occupational safety
dress the following: and health, acting on behalf of the em-
(A) A safety and health risk or haz- ployer as necessary to determine the
ard analysis for each site task and op- effectiveness of the site safety and
eration found in the workplan. health plan. Any deficiencies in the ef-
(B) Employee training assignments fectiveness of the site safety and
to assure compliance with paragraph health plan shall be corrected by the
(e) of this section. employer.
(C) Personal protective equipment to (c) Site characterization and analysis—
be used by employees for each of the (1) General. Hazardous waste sites shall
site tasks and operations being con- be evaluated in accordance with this
ducted as required by the personal pro- paragraph to identify specific site haz-
tective equipment program in para- ards and to determine the appropriate
graph (g)(5) of this section. safety and health control procedures
391
needed to protect employees from the (5) Personal protective equipment. Per-
identified hazards. sonal protective equipment (PPE) shall
(2) Preliminary evaluation. A prelimi- be provided and used during initial site
nary evaluation of a site’s characteris- entry in accordance with the following
tics shall be performed prior to site requirements:
entry by a qualified person in order to (i) Based upon the results of the pre-
aid in the selection of appropriate em- liminary site evaluation, an ensemble
ployee protection methods prior to site of PPE shall be selected and used dur-
entry. Immediately after initial site ing initial site entry which will provide
entry, a more detailed evaluation of protection to a level of exposure below
the site’s specific characteristics shall permissible exposure limits and pub-
be performed by a qualified person in lished exposure levels for known or sus-
order to further identify existing site pected hazardous substances and
hazards and to further aid in the selec- health hazards, and which will provide
tion of the appropriate engineering protection against other known and
controls and personal protective equip-
suspected hazards identified during the
ment for the tasks to be performed.
preliminary site evaluation. If there is
(3) Hazard identification. All suspected no permissible exposure limit or pub-
conditions that may pose inhalation or
lished exposure level, the employer
skin absorption hazards that are imme-
may use other published studies and in-
diately dangerous to life or health
formation as a guide to appropriate
(IDLH), or other conditions that may
cause death or serious harm, shall be personal protective equipment.
identified during the preliminary sur- (ii) If positive-pressure self-contained
vey and evaluated during the detailed breathing apparatus is not used as part
survey. Examples of such hazards in- of the entry ensemble, and if res-
clude, but are not limited to, confined piratory protection is warranted by the
space entry, potentially explosive or potential hazards identified during the
flammable situations, visible vapor preliminary site evaluation, an escape
clouds, or areas where biological indi- self-contained breathing apparatus of
cators such as dead animals or vegeta- at least five minute’s duration shall be
tion are located. carried by employees during initial site
(4) Required information. The fol- entry.
lowing information to the extent avail- (iii) If the preliminary site evalua-
able shall be obtained by the employer tion does not produce sufficient infor-
prior to allowing employees to enter a mation to identify the hazards or sus-
site: pected hazards of the site, an ensemble
(i) Location and approximate size of providing protection equivalent to
the site. Level B PPE shall be provided as min-
(ii) Description of the response activ- imum protection, and direct reading
ity and/or the job task to be performed. instruments shall be used as appro-
(iii) Duration of the planned em- priate for identifying IDLH conditions.
ployee activity. (See appendix B for a description of
(iv) Site topography and accessibility Level B hazards and the recommenda-
by air and roads. tions for Level B protective equip-
(v) Safety and health hazards ex- ment.)
pected at the site. (iv) Once the hazards of the site have
(vi) Pathways for hazardous sub- been identified, the appropriate PPE
stance dispersion. shall be selected and used in accord-
(vii) Present status and capabilities ance with paragraph (g) of this section.
of emergency response teams that (6) Monitoring. The following moni-
would provide assistance to hazardous toring shall be conducted during initial
waste clean-up site employees at the site entry when the site evaluation
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:
392
(i) Monitoring with direct reading in- (2) Site control program. A site control
struments for hazardous levels of ion- program for protecting employees
izing radiation. which is part of the employer’s site
(ii) Monitoring the air with appro- safety and health program required in
priate direct reading test equipment paragraph (b) of this section shall be
(i.e., combustible gas meters, detector developed during the planning stages of
tubes) for IDLH and other conditions a hazardous waste clean-up operation
that may cause death or serious harm and modified as necessary as new infor-
(combustible or explosive atmospheres, mation becomes available.
oxygen deficiency, toxic substances). (3) Elements of the site control program.
(iii) Visually observing for signs of The site control program shall, as a
actual or potential IDLH or other dan- minimum, include: A site map; site
gerous conditions. work zones; the use of a ‘‘buddy sys-
(iv) An ongoing air monitoring pro- tem’’; site communications including
gram in accordance with paragraph (h) alerting means for emergencies; the
of this section shall be implemented standard operating procedures or safe
after site characterization has deter- work practices; and, identification of
mined the site is safe for the start-up the nearest medical assistance. Where
of operations. these requirements are covered else-
(7) Risk identification. Once the pres-
where they need not be repeated.
ence and concentrations of specific
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- pose them to hazardous substances,
sider include, but are not limited to: safety, or health hazards, and they
(a) Exposures exceeding the permissible ex-
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.
(f) Oxygen deficiency. and responsibility.
(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
be made available to the affected em- (iii) Use of personal protective equip-
ployees prior to the commencement of ment;
their work activities. The employer (iv) Work practices by which the em-
may utilize information developed for ployee can minimize risks from haz-
the hazard communication standard for ards;
this purpose. (v) Safe use of engineering controls
(d) Site control—(1) General. Appro- and equipment on the site;
priate site control procedures shall be (vi) Medical surveillance require-
implemented to control employee expo- ments, including recognition of symp-

sure to hazardous substances before toms and signs which might indicate
clean-up work begins. overexposure to hazards; and
393
(vii) The contents of paragraphs (G) sponsibility is employees covered by

through (J) of the site safety and paragraphs (e)(3)(ii) and (e)(3)(iii)) and
health plan set forth in paragraph at least eight additional hours of spe-
(b)(4)(ii) of this section. cialized training at the time of job as-
(3) Initial training. (i) General site signment on such topics as, but not
workers (such as equipment operators, limited to, the employer’s safety and
general laborers and supervisory per- health program and the associated em-
sonnel) engaged in hazardous substance ployee training program, personal pro-
removal or other activities which ex- tective equipment program, spill con-
pose or potentially expose workers to tainment program, and health hazard
hazardous substances and health haz- monitoring procedure and techniques.
ards shall receive a minimum of 40 (5) Qualifications for trainers. Trainers
hours of instruction off the site, and a shall be qualified to instruct employees
minimum of three days actual field ex- about the subject matter that is being
perience under the direct supervision of presented in training. Such trainers
a trained, experienced supervisor. shall have satisfactorily completed a
(ii) Workers on site only occasionally training program for teaching the sub-
for a specific limited task (such as, but jects they are expected to teach, or
not limited to, ground water moni- they shall have the academic creden-
toring, land surveying, or geo-physical tials and instructional experience nec-
surveying) and who are unlikely to be essary for teaching the subjects. In-
exposed over permissible exposure lim- structors shall demonstrate competent
its and published exposure limits shall instructional skills and knowledge of
receive a minimum of 24 hours of in- the applicable subject matter.
struction off the site, and the min-
(6) Training certification. Employees
imum of one day actual field experi-
and supervisors that have received and
ence under the direct supervision of a
successfully completed the training
trained, experienced supervisor.
and field experience specified in para-
(iii) Workers regularly on site who
graphs (e)(1) through (e)(4) of this sec-
work in areas which have been mon-
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
exposure limits where respirators are pleted the necessary training. A writ-
not necessary, and the characterization ten certificate shall be given to each
indicates that there are no health haz- person so certified. Any person who has
ards or the possibility of an emergency not been so certified or who does not
developing, shall receive a minimum of meet the requirements of paragraph
24 hours of instruction off the site and (e)(9) of this section shall be prohibited
the minimum of one day actual field from engaging in hazardous waste oper-
experience under the direct supervision ations.
of a trained, experienced supervisor. (7) Emergency response. Employees
(iv) Workers with 24 hours of training who are engaged in responding to haz-
who are covered by paragraphs (e)(3)(ii) ardous emergency situations at haz-
and (e)(3)(iii) of this section, and who ardous waste clean-up sites that may
become general site workers or who are expose them to hazardous substances
required to wear respirators, shall have shall be trained in how to respond to
the additional 16 hours and two days of such expected emergencies.
training necessary to total the training (8) Refresher training. Employees spec-
specified in paragraph (e)(3)(i). ified in paragraph (e)(1) of this section,
(4) Management and supervisor train- and managers and supervisors specified
ing. On-site management and super- in paragraph (e)(4) of this section, shall
visors directly responsible for, or who receive eight hours of refresher train-
supervise employees engaged in, haz- ing annually on the items specified in
ardous waste operations shall receive paragraph (e)(2) and/or (e)(4) of this
40 hours initial training, and three section, any critique of incidents that
days of supervised field experience (the have occurred in the past year that can
training may be reduced to 24 hours serve as training examples of related
and one day if the only area of their re- work, and other relevant topics.
394
(9) Equivalent training. Employers ployee covered under paragraph (f)(2) of

who can show by documentation or cer- this section on the following schedules:
tification that an employee’s work ex- (i) For employees covered under
perience and/or training has resulted in paragraphs (f)(2)(i), (f)(2)(ii), and
training equivalent to that training re- (f)(2)(iv):
quired in paragraphs (e)(1) through (A) Prior to assignment;
(e)(4) of this section shall not be re- (B) At least once every twelve
quired to provide the initial training months for each employee covered un-
requirements of those paragraphs to less the attending physician believes a
such employees and shall provide a longer interval (not greater than bien-
copy of the certification or documenta- nially) is appropriate;
tion to the employee upon request. (C) At termination of employment or
However, certified employees or em- reassignment to an area where the em-
ployees with equivalent training new ployee would not be covered if the em-
to a site shall receive appropriate, site ployee has not had an examination
specific training before site entry and within the last six months;
have appropriate supervised field expe- (D) As soon as possible upon notifica-
rience at the new site. Equivalent tion by an employee that the employee
training includes any academic train- has developed signs or symptoms indi-
ing or the training that existing em- cating possible overexposure to haz-
ployees might have already received ardous substances or health hazards, or
from actual hazardous waste site work that the employee has been injured or
experience. exposed above the permissible exposure
(f) Medical surveillance—(1) General. limits or published exposure levels in
Employers engaged in operations speci- an emergency situation;
fied in paragraphs (a)(1)(i) through (E) At more frequent times, if the ex-
(a)(1)(iv) of this section and not cov- amining physician determines that an
ered by (a)(2)(iii) exceptions and em- increased frequency of examination is
ployers of employees specified in para- medically necessary.
graph (q)(9) shall institute a medical (ii) For employees covered under
surveillance program in accordance paragraph (f)(2)(iii) and for all employ-
with this paragraph. ees including those of employers cov-
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
395
health hazards, and to fitness for duty (C) The results of the medical exam-
including the ability to wear any re- ination and tests if requested by the
quired PPE under conditions (i.e., tem- employee.
perature extremes) that may be ex- (D) A statement that the employee
pected at the work site. has been informed by the physician of
(ii) The content of medical examina- the results of the medical examination
tions or consultations made available and any medical conditions which re-
to employees pursuant to paragraph (f) quire further examination or treat-
shall be determined by the attending ment.
physician. The guidelines in the Occu- (ii) The written opinion obtained by
pational Safety and Health Guidance the employer shall not reveal specific
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 NOTE TO PARAGRAPH (g)(1)(i): Engineering

limitations upon the employee’s as- controls which may be feasible include the
signed work. use of pressurized cabs or control booths on
396
equipment, and/or the use of remotely oper- and the hazards and potential hazards
ated material handling equipment. Work identified at the site.
practices which may be feasible are remov- (iii) Positive pressure self-contained
ing all non-essential employees from poten-
breathing apparatus, or positive pres-
tial exposure during opening of drums, wet-
ting down dusty operations and locating em-
sure air-line respirators equipped with
ployees upwind of possible hazards. an escape air supply, shall be used
when chemical exposure levels present
(ii) Whenever engineering controls will create a substantial possibility of
and work practices are not feasible or immediate death, immediate serious
not required, any reasonable combina- illness or injury, or impair the ability
tion of engineering controls, work to escape.
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- (vi) Personal protective equipment
ards not regulated by 29 CFR part 1910, shall be selected and used to meet the
subparts G and Z. The employer may requirements of 29 CFR part 1910, sub-
use the published literature and SDS as part I, and additional requirements
a guide in making the employer’s de- specified in this section.
termination as to what level of protec- (4) Totally-encapsulating chemical pro-
tion the employer believes is appro- tective suits. (i) Totally-encapsulating
priate for hazardous substances and suits shall protect employees from the
health hazards for which there is no particular hazards which are identified
permissible exposure limit or published during site characterization and anal-
exposure limit. ysis.
(3) Personal protective equipment selec- (ii) Totally-encapsulating suits shall
tion. (i) Personal protective equipment be capable of maintaining positive air
(PPE) shall be selected and used which pressure. (See appendix A for a test
will protect employees from the haz- method which may be used to evaluate
ards and potential hazards they are this requirement.)
likely to encounter as identified during (iii) Totally-encapsulating suits shall
the site characterization and analysis. be capable of preventing inward test
(ii) Personal protective equipment gas leakage of more than 0.5 percent.
selection shall be based on an evalua- (See appendix A for a test method
tion of the performance characteristics which may be used to evaluate this re-
of the PPE relative to the require- quirement.)

ments and limitations of the site, the (5) Personal protective equipment (PPE)
task-specific conditions and duration, program. A written personal protective
397
equipment program, which is part of rial’s dose limits or other dangerous

the employer’s safety and health pro- condition such as the presence of flam-
gram required in paragraph (b) of this mable atmospheres or oxygen-deficient
section or required in paragraph (p)(1) environments.
of this section and which is also a part (3) Periodic monitoring. Periodic moni-
of the site-specific safety and health toring shall be conducted when the pos-
plan shall be established. The PPE pro- sibility of an IDLH condition or flam-
gram shall address the elements listed mable atmosphere has developed or
below. When elements, such as donning when there is indication that exposures
and doffing procedures, are provided by may have risen over permissible expo-
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-
posures to hazardous substances and
toring shall be performed in accord-
health hazards likely to be present
ance with this paragraph where there
above permissible exposure limits or
may be a question of employee expo-
published exposure levels by using per-
sure to hazardous concentrations of
sonal sampling frequently enough to
hazardous substances in order to assure
characterize employee exposures. If the
proper selection of engineering con-
employees likely to have the highest
trols, work practices and personal pro-
exposure are over permissible exposure
tective equipment so that employees
limits or published exposure limits,
are not exposed to levels which exceed
then monitoring shall continue to de-
permissible exposure limits, or pub-
termine all employees likely to be
lished exposure levels if there are no
above those limits. The employer may
permissible exposure limits, for haz-
utilize a representative sampling ap-
ardous substances.
proach by documenting that the em-
(ii) Air monitoring shall be used to
ployees and chemicals chosen for moni-
identify and quantify airborne levels of
toring are based on the criteria stated
hazardous substances and safety and
above.
health hazards in order to determine
the appropriate level of employee pro- NOTE TO PARAGRAPH (h): It is not required
tection needed on site. to monitor employees engaged in site char-
(2) Initial entry. Upon initial entry, acterization operations covered by paragraph
(c) of this section.
representative air monitoring shall be
conducted to identify any IDLH condi- (i) Informational programs. Employers
tion, exposure over permissible expo- shall develop and implement a pro-
sure limits or published exposure lev- gram, which is part of the employer’s
els, exposure over a radioactive mate- safety and health program required in
398
paragraph (b) of this section, to inform tire volume of the hazardous substance
employees, contractors, and sub- being transferred.
contractors (or their representative) (ix) Drums and containers that can-
actually engaged in hazardous waste not be moved without rupture, leakage,
operations of the nature, level and de- or spillage shall be emptied into a
gree of exposure likely as a result of sound container using a device classi-
participation in such hazardous waste fied for the material being transferred.
operations. Employees, contractors and (x) A ground-penetrating system or
subcontractors working outside of the other type of detection system or de-
operations part of a site are not cov- vice shall be used to estimate the loca-
ered by this standard. tion and depth of buried drums or con-
(j) Handling drums and containers—(1) tainers.
General. (i) Hazardous substances and (xi) Soil or covering material shall be
contaminated soils, liquids, and other removed with caution to prevent drum
residues shall be handled, transported, or container rupture.
labeled, and disposed of in accordance (xii) Fire extinguishing equipment
with this paragraph. meeting the requirements of 29 CFR
(ii) Drums and containers used dur- part 1910, subpart L, shall be on hand
ing the clean-up shall meet the appro- and ready for use to control incipient
priate DOT, OSHA, and EPA regula- fires.
tions for the wastes that they contain. (2) Opening drums and containers. The
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.
399
(vii) Employees shall not stand upon CAUTION: Shipping of shock sensitive
or work from drums or containers. wastes may be prohibited under U.S. Depart-
(3) Material handling equipment. Mate- ment of Transportation regulations. Employ-
ers and their shippers should refer to 49 CFR
rial handiing equipment used to trans-
173.21 and 173.50.
fer drums and containers shall be se-
lected, positioned and operated to min- (6) Laboratory waste packs. In addition
imize sources of ignition related to the to the requirements of paragraph (j)(5)
equipment from igniting vapors re- of this section, the following pre-
leased from ruptured drums or con- cautions shall be taken, as a minimum,
tainers. in handling laboratory waste packs
(4) Radioactive wastes. Drums and con- (lab packs):
tainers containing radioactive wastes (i) Lab packs shall be opened only
shall not be handled until such time as when necessary and then only by an in-
their hazard to employees is properly dividual knowledgeable in the inspec-
assessed. tion, classification, and segregation of
(5) Shock sensitive wastes. As a min- the containers within the pack accord-
imum, the following special pre- ing to the hazards of the wastes.
cautions shall be taken when drums (ii) If crystalline material is noted on
and containers containing or suspected any container, the contents shall be
of containing shock-sensitive wastes handled as a shock-sensitive waste
are handled: until the contents are identified.
(i) All non-essential employees shall (7) Sampling of drum and container
be evacuated from the area of transfer. contents. Sampling of containers and
(ii) Material handling equipment drums shall be done in accordance with
shall be provided with explosive con- a sampling procedure which is part of
tainment devices or protective shields the site safety and health plan devel-
to protect equipment operators from oped for and available to employees
exploding containers. and others at the specific worksite.
(iii) An employee alarm system capa- (8) Shipping and transport. (i) Drums
ble of being perceived above sur- and containers shall be identified and
rounding light and noise conditions classified prior to packaging for ship-
shall be used to signal the commencement.
ment and completion of explosive (ii) Drum or container staging areas
waste handling activities. shall be kept to the minimum number
(iv) Continuous communications (i.e., necessary to identify and classify ma-
portable radios, hand signals, tele- terials safely and prepare them for
phones, as appropriate) shall be main- transport.
tained between the employee-in-charge (iii) Staging areas shall be provided
of the immediate handling area and with adequate access and egress routes.
both the site safety and health super- (iv) Bulking of hazardous wastes
visor and the command post until such shall be permitted only after a thor-
time as the handling operation is com- ough characterization of the materials
pleted. Communication equipment or has been completed.
methods that could cause shock sen- (9) Tank and vault procedures. (i)
sitive materials to explode shall not be Tanks and vaults containing hazardous
used. substances shall be handled in a man-
(v) Drums and containers under pres- ner similar to that for drums and con-
sure, as evidenced by bulging or swell- tainers, taking into consideration the
ing, shall not be moved until such time size of the tank or vault.
as the cause for excess pressure is de- (ii) Appropriate tank or vault entry
termined and appropriate containment procedures as described in the employ-
procedures have been implemented to er’s safety and health plan shall be fol-
protect employees from explosive relief lowed whenever employees must enter
of the drum. a tank or vault.
(vi) Drums and containers containing (k) Decontamination—(1) General. Pro-
packaged laboratory wastes shall be cedures for all phases of decontamina-
considered to contain shock-sensitive tion shall be developed and imple-

or explosive materials until they have mented in accordance with this para-
been characterized. graph.
400
(2) Decontamination procedures. (i) A (8) Showers and change rooms. Where
decontamination procedure shall be de- the decontamination procedure indi-
veloped, communicated to employees cates a need for regular showers and
and implemented before any employees change rooms outside of a contami-
or equipment may enter areas on site nated area, they shall be provided and
where potential for exposure to haz- meet the requirements of 29 CFR
ardous substances exists. 1910.141. If temperature conditions pre-
(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. (vi) Evacuation routes and proce-
(6) Unauthorized employees. Unauthor- dures.
ized employees shall not remove pro- (vii) Decontamination procedures
tective clothing or equipment from which are not covered by the site safe-
change rooms. ty and health plan.
(7) Commercial laundries or cleaning es- (viii) Emergency medical treatment
tablishments. Commercial laundries or and first aid.
cleaning establishments that decon- (ix) Emergency alerting and response
taminate protective clothing or equip- procedures.
ment shall be informed of the poten- (x) Critique of response and follow-
tially harmful effects of exposures to up.
hazardous substances. (xi) PPE and emergency equipment.
401
(3) Procedures for handling emergency TABLE H–120.1—MINIMUM ILLUMINATION

incidents. (i) In addition to the ele- INTENSITIES IN FOOT-CANDLES—Continued
ments for the emergency response plan
Foot-
required in paragraph (l)(2) of this sec- can- Area or operations
tion, the following elements shall be dles
included for emergency response plans: 5 ........ Tunnels, shafts, and general underground work
(A) Site topography, layout, and pre- areas. (Exception: Minimum of 10 foot-candles is
vailing weather conditions. required at tunnel and shaft heading during drilling
mucking, and scaling. Mine Safety and Health Ad-
(B) Procedures for reporting inci- ministration approved cap lights shall be accept-
dents to local, state, and federal gov- able for use in the tunnel heading.)
ernmental agencies. 10 ...... General shops (e.g., mechanical and electrical
equipment rooms, active storerooms, barracks or
(ii) The emergency response plan living quarters, locker or dressing rooms, dining
shall be a separate section of the Site areas, and indoor toilets and workrooms.)
Safety and Health Plan. 30 ...... First aid stations, infirmaries, and offices.
(iii) The emergency response plan
shall be compatible and integrated (n) Sanitation at temporary work-
with the disaster, fire and/or emer- places—(1) Potable water. (i) An ade-
gency response plans of local, state, quate supply of potable water shall be
and federal agencies. provided on the site.
(iv) The emergency response plan (ii) Portable containers used to dis-
shall be rehearsed regularly as part of pense drinking water shall be capable
the overall training program for site of being tightly closed, and equipped
operations. 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
firefighting purposes, shall be identi-
(vii) Based upon the information
fied to indicate clearly that the water
available at time of the emergency, the
is unsafe and is not to be used for
employer shall evaluate the incident
drinking, washing, or cooking pur-
and the site response capabilities and
poses.
proceed with the appropriate steps to
(ii) There shall be no cross-connec-
implement the site emergency response
tion, open or potential, between a sys-
plan.
tem furnishing potable water and a
(m) Illumination. Areas accessible to
system furnishing nonpotable water.
employees shall be lighted to not less
(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

field maintenance areas.
(ii) Under temporary field conditions,
5 ........ Indoors: Warehouses, corridors, hallways, and provisions shall be made to assure that
exitways. at least one toilet facility is available.
402
(iii) Hazardous waste sites not pro- off the worksite, shall provide employ-
vided with a sanitary sewer shall be ees with a clean area where they can
provided with the following toilet fa- remove, store, and put on street cloth-
cilities unless prohibited by local ing. The second area, with an exit to
codes: the worksite, shall provide employees
(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’’
403
to paragraph (a)(2)(iii) of this section stances at TSD operations to enable

for employers not covered.)’’. the employees to perform their as-
(1) Safety and health program. The em- signed duties and functions in a safe
ployer shall develop and implement a and healthful manner so as not endan-
written safety and health program for ger themselves or other employees. The
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- tual site work experience. Current em-
gram. 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 U.S. Environmental Protection Agen-
employees will be handling drums or cy, provided that the contingency plan
containers, the employer shall develop is made part of the emergency response
and implement procedures meeting the plan. The emergency response plan
requirements of paragraphs (j)(1) (ii) shall be a written portion of the em-
through (viii) and (xi) of this section, ployer’s safety and health program re-
as well as (j)(3) and (j)(8) of this section quired in paragraph (p)(1) of this sec-
prior to starting such work. tion. Employers who will evacuate
(7) Training program—(i) New employ- their employees from the worksite lo-
ees. The employer shall develop and im- cation when an emergency occurs and
plement a training program, which is who do not permit any of their employ-
part of the employer’s safety and ees to assist in handling the emergency
health program, for employees exposed are exempt from the requirements of
to health hazards or hazardous subparagraph (p)(8) if they provide an
404
emergency action plan complying with recognize that an emergency response situa-
29 CFR 1910.38. tion exists and they have been instructed to
(ii) Elements of an emergency response call the designated outside fully-trained
plan. The employer shall develop an emergency response team for assistance.
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.
(J) Critique of response and follow- (C) The employer shall certify that
up. each covered employee has attended
(K) PPE and emergency equipment. and successfully completed the train-
(iii) Training. (A) Training for emer- ing required in paragraph (p)(8)(iii) of
gency response employees shall be this section, or shall certify the em-
completed before they are called upon ployee’s competency at least yearly.
to perform in real emergencies. Such The method used to demonstrate com-
training shall include the elements of petency for certification of training
the emergency response plan, standard shall be recorded and maintained by
operating procedures the employer has the employer.
established for the job, the personal (iv) Procedures for handling emergency
protective equipment to be worn and incidents. (A) In addition to the ele-
procedures for handling emergency in- ments for the emergency response plan
cidents. required in paragraph (p)(8)(ii) of this
section, the following elements shall be
Exception #1: An employer need not train
included for emergency response plans
all employees to the degree specified if the
employer divides the work force in a manner to the extent that they do not repeat
such that a sufficient number of employees any information already contained in
who have responsibility to control emer- the emergency response plan:
gencies have the training specified, and all (1) Site topography, layout, and pre-
other employees, who may first respond to vailing weather conditions.
an emergency incident, have sufficient (2) Procedures for reporting incidents
awareness training to recognize that an
emergency response situation exists and that
to local, state, and federal govern-
they are instructed in that case to summon mental agencies.
the fully trained employees and not attempt (B) The emergency response plan
control activities for which they are not shall be compatible and integrated
trained. with the disaster, fire and/or emer-
Exception #2: An employer need not train gency response plans of local, state,
all employees to the degree specified if ar- and federal agencies.
rangements have been made in advance for
an outside fully-trained emergency response (C) The emergency response plan
team to respond in a reasonable period and shall be rehearsed regularly as part of

all employees, who may come to the incident the overall training program for site
first, have sufficient awareness training to operations.
405
(D) The site emergency response plan imum, the following to the extent that
shall be reviewed periodically and, as they are not addressed elsewhere:
necessary, be amended to keep it cur- (i) Pre-emergency planning and co-
rent with new or changing site condi- ordination with outside parties.
tions or information. (ii) Personnel roles, lines of author-
(E) An employee alarm system shall ity, training, and communication.
be installed in accordance with 29 CFR (iii) Emergency recognition and pre-
1910.165 to notify employees of an emer- vention.
gency situation; to stop work activities
(iv) Safe distances and places of ref-
if necessary; to lower background noise
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 (ix) Emergency alerting and response
plan. procedures.
(q) Emergency response to hazardous (x) Critique of response and follow-
substance releases. This paragraph cov- up.
ers employers whose employees are en- (xi) PPE and emergency equipment.
gaged in emergency response no matter
(xii) Emergency response organiza-
where it occurs except that it does not
tions may use the local emergency re-
cover employees engaged in operations
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-
an emergency action plan in accord- gency apparatus to arrive on the incident
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-
406
(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.
407
(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
408
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
409
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
410
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 that the inside and outside of the suit is
inches water gauge; and (B) = two inches completely dry before it is put into storage.
water gauge. The ending suit pressure (C) B. Totally-encapsulating chemical protective
shall be no less than 80 percent of the test suit qualitative leak test
pressure (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
411
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 SDS 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
412
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
413
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.
414
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). 2. Substances with a high degree of hazard
3. Coveralls. 1 to the skin are known or suspected to be
4. Gloves, outer, chemical-resistant. present, and skin contact is possible; or
5. Gloves, inner, chemical-resistant. 3. Operations are being conducted in con-
6. Boots, outer, chemical-resistant steel fined, poorly ventilated areas, and the ab-
toe and shank. sence of conditions requiring Level A have
7. Boot-covers, outer, chemical-resistant not yet been determined.
(disposable). 1 II. Level B—Level B protection should be
8. Hard hat. 1 used when:
9. [Reserved] 1. The type and atmospheric concentration
10. Face shield. 1 of substances have been identified and re-
III. Level C—The concentration(s) and quire a high level of respiratory protection,
type(s) of airborne substance(s) is known and but less skin protection;
the criteria for using air purifying res- 2. The atmosphere contains less than 19.5
pirators are met. percent oxygen; or
The following constitute Level C equip- 3. The presence of incompletely identified
ment; it may be used as appropriate. vapors or gases is indicated by a direct-read-
1. Full-face or half-mask, air purifying res- ing organic vapor detection instrument, but
pirators (NIOSH approved). vapors and gases are not suspected of con-
2. Hooded chemical-resistant clothing taining high levels of chemicals harmful to
(overalls; two-piece chemical-splash suit; skin or capable of being absorbed through
disposable chemical-resistant overalls). the skin.
3. Coveralls. 1
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
415
2. Work functions preclude splashes, im- services as to what each employer’s safety
mersion, or the potential for unexpected in- and health responsibilities are for their em-
halation of or contact with hazardous levels ployees on the site. Each contractor on the
of any chemicals. site needs to have its own safety and health
NOTE: As stated before, combinations of program so structured that it will smoothly
personal protective equipment other than interface with the program of the site coor-
those described for Levels A, B, C, and D pro- dinator or principal contractor.
tection may be more appropriate and may be Also those employers involved with treat-
used to provide the proper level of protec- ing, storing or disposal of hazardous waste as
tion. covered in paragraph (p) must have imple-
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-
Protective Suits for Non-emergency, Non- visor or manager and staff; (2) means or
flammable Hazardous Chemical Situations methods for the development of procedures
(EPA Level B Protective Clothing). for identifying and controlling workplace
These standards apply documentation and hazards at the site; (3) means or methods for
performance requirements to the manufac- the development and communication to em-
ture of chemical protective suits. Chemical ployees of the various plans, work rules,
protective suits meeting these requirements standard operating procedures and practices
are labelled as compliant with the appro- that pertain to individual employees and su-
priate standard. It is recommended that pervisors; (4) means for the training of super-
chemical protective suits that meet these visors and employees to develop the needed
standards be used. skills and knowledge to perform their work
in a safe and healthful manner; (5) means to
APPENDIX C TO § 1910.120—COMPLIANCE anticipate and prepare for emergency situa-
GUIDELINES tions; and (6) means for obtaining informa-
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-
nator or the employer’s representative. The the effectiveness of the program thereby en-
purpose of the program will be the protec- hancing the protection being afforded those
tion of employees at the site and will be an working on the site.
extension of the employer’s overall safety Accidents on the site or workplace should
and health program. The program will need be investigated to provide information on
to be developed before work begins on the how such occurrences can be avoided in the
site and implemented as work proceeds as future. When injuries or illnesses occur on
stated in paragraph (b). The program is to fa- the site or workplace, they will need to be
cilitate coordination and communication of investigated to determine what needs to be
safety and health issues among personnel re- done to prevent this incident from occurring
sponsible for the various activities which again. Such information will need to be used
will take place at the site. It will provide the as feedback on the effectiveness of the pro-
overall means for planning and imple- gram and the information turned into posi-
menting the needed safety and health train- tive steps to prevent any reoccurrence. Re-
ing and job orientation of employees who ceipt of employee suggestions or complaints
will be working at the site. The program will relating to safety and health issues involved
provide the means for identifying and con- with site or workplace activities is also a
trolling worksite hazards and the means for feedback mechanism that can be used effec-
monitoring program effectiveness. The pro- tively to improve the program and may serve
gram will need to cover the responsibilities in part as an evaluative tool(s).
and authority of the site coordinator or the For the development and implementation
employer’s manager on the site for the safe- of the program to be the most effective, pro-
ty and health of employees at the site, and fessional safety and health personnel should
the relationships with contractors or support be used. Certified Safety Professionals,
416
Board Certified Industrial Hygienists or Reg- ating procedures for the hazardous materials
istered Professional Safety Engineers are team including the use of plugging and
good examples of professional stature for patching equipment and other subject areas.
safety and health managers who will admin- Officers and leaders who may be expected
ister the employer’s program. to be in charge at an incident should be fully
2. Training. The training programs for em- knowledgeable of their company’s incident
ployees subject to the requirements of para- command system. They should know where
graph (e) of this standard should address: the and how to obtain additional assistance and
safety and health hazards employees should be familiar with the local district’s emer-
expect to find on hazardous waste clean-up gency response plan and the state emergency
sites; what control measures or techniques response plan.
are effective for those hazards; what moni- Specialist employees such as technical ex-
toring procedures are effective in character- perts, medical experts or environmental ex-
izing exposure levels; what makes an effec- perts that work with hazardous materials in
tive employer’s safety and health program; their regular jobs, who may be sent to the
what a site safety and health plan should in- incident scene by the shipper, manufacturer
clude; hands on training with personal pro- or governmental agency to advise and assist
tective equipment and clothing they may be the person in charge of the incident should
expected to use; the contents of the OSHA have training on an annual basis. Their
standard relevant to the employee’s duties training should include the care and use of
and function; and, employee’s responsibil- personal protective equipment including res-
ities under OSHA and other regulations. Su- pirators; knowledge of the incident com-
pervisors will need training in their respon- mand system and how they are to relate to
sibilities under the safety and health pro- it; and those areas needed to keep them cur-
gram and its subject areas such as the spill rent in their respective field as it relates to
containment program, the personal protec- safety and health involving specific haz-
tive equipment program, the medical sur- ardous substances.
veillance program, the emergency response 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
417
not work for all substances. Evaluation of goals, a comprehensive PPE program should
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, 6. Incident command system (ICS). Paragraph
will be developing or have developed local 1910.120(q)(3)(ii) requires the implementation
emergency response plans. These state and of an ICS. The ICS is an organized approach
district plans should be utilized in the emer- to effectively control and manage operations
gency response plans called for in the stand- at an emergency incident. The individual in
ard. Each employer should assure that its charge of the ICS is the senior official re-
emergency response plan is compatible with sponding to the incident. The ICS is not
the local plan. The major reference being much different than the ‘‘command post’’ ap-
used to aid in developing the state and local proach used for many years by the fire serv-
district plans is the Hazardous Materials ice. During large complex fires involving sev-
Emergency Planning Guide, NRT–1. The cur-
eral companies and many pieces of appa-
rent Emergency Response Guidebook from
ratus, a command post would be established.
the U.S. Department of Transportation,
This enabled one individual to be in charge of
CMA’s CHEMTREC and the Fire Service
managing the incident, rather than having
Emergency Management Handbook may also
several officers from different companies
be used as resources.
making separate, and sometimes conflicting,
Employers involved with treatment, stor-
decisions. The individual in charge of the
age, and disposal facilities for hazardous
command post would delegate responsibility
waste, which have the required contingency
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- to normal command activities, may become
tion with other protective methods and its the safety officer and may designate only
effectiveness evaluated periodically. one employee (with proper equipment) as a
The use of PPE can itself create significant back-up to provide assistance if needed.
worker hazards, such as heat stress, physical OSHA does recommend, however, that at
and psychological stress, and impaired vi- least two employees be designated as back-
sion, mobility, and communication. For any up personnel since the assistance needed
given situation, equipment and clothing may include rescue.
should be selected that provide an adequate To illustrate the operation of the ICS, the
level of protection. However, over-protec- following scenario might develop during a
tion, as well as under-protection, can be haz- small incident, such as an overturned tank
ardous and should be avoided where possible. truck with a small leak of flammable liquid.
Two basic objectives of any PPE program The first responding senior officer would
should be to protect the wearer from safety implement and take command of the ICS.
and health hazards, and to prevent injury to That person would size-up the incident and
the wearer from incorrect use and/or mal- determine if additional personnel and appa-
function of the PPE. To accomplish these ratus were necessary; would determine what
418
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
419
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.
volved workers need to be trained in the es- Coast Guard (USCG), and Environmental
tablished operating procedures; in the use Protection Agency (EPA); October 1985.
420
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-
‘‘Demonstration’’ means the showing by
partment of Transportation, Washington,
actual use of equipment or procedures.
DC, 1987.
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.
dactic and hands-on training when appro-
23. Disaster Planning Guide for Business and
priate. Training facilities should have suffi-
Industry, Federal Emergency Management
cient organization, support staff, and serv-
Agency, Publication No. FEMA 141, August
ices to conduct training in each of the
1987.
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
421
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.
422
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.
423
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.
424
(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 safety data
A, B, and C ensembles and appropriate de- 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 safety data sheets and how employees
should be devoted to hands-on exercises. can obtain and use appropriate hazard infor-
(4) A curriculum should be established for
mation.
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.
425
(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
426
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
427
equipment hazards, motor vehicle hazards, (C) Review of the principles and practices
and walking-working surface hazards. for analyzing an incident to determine the
(F) Awareness and knowledge of the com- hazardous substances present, their physical
petencies for the First Responder at the and chemical properties, the likely behavior
Awareness Level covered in the National of the hazardous substance and its container,
Fire Protection Association’s Standard No. the types of hazardous substance transpor-
472, Professional Competence of Responders to tation containers and vehicles involved in
Hazardous Materials Incidents. the release, the appropriate strategy for ap-
(2) First responder operations level. proaching release sites and containing the
(A) Review of and demonstration of com- release.
petency in performing the applicable skills (D) Review of procedures for implementing
of 29 CFR 1910.120(q). continuing response actions consistent with
(B) Hands-on experience with the U.S. De- the local emergency response plan, the orga-
partment of Transportation’s Emergency Re- nization’s standard operating procedures,
sponse Guidebook (ERG), manufacturer safe- and the current edition of DOT’s ERG in-
ty data sheets, CHEMTREC/CANUTEC, ship- cluding extended emergency notification
per or manufacturer contacts, and other rel- procedures and follow-up communications.
evant sources of information addressing haz- (E) Review of the principles and practice
ardous substance releases. Familiarization for proper selection and use of personal pro-
with OSHA standard 29 CFR 1910.1201. 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.
(D) Review of procedures for implementing equipment hazards, motor vehicle hazards,
continuing response actions consistent with and walking-working surface hazards.
the local emergency response plan, the orga- (H) Awareness and knowledge of the com-
nization’s standard operating procedures, petencies for the Hazardous Materials Tech-
and the current edition of DOT’s ERG in- nician covered in the National Fire Protec-
cluding extended emergency notification tion Association’s Standard No. 472, Profes-
procedures and follow-up communications. sional Competence of Responders to Hazardous
(E) Review of the principles and practice Materials Incidents.
for proper selection and use of personal pro- (4) Hazardous materials specialist.
tective equipment. (A) Review of and demonstration of com-
(F) Review of the principles and practice of petency in performing the applicable skills
personnel and equipment decontamination. of 29 CFR 1910.120(q).
(G) Review of the expected hazards includ- (B) Hands-on experience with retrieval and
ing fire and explosions hazards, confined use of written and electronic information
space hazards, electrical hazards, powered relative to response decision making includ-
equipment hazards, motor vehicle hazards, ing but not limited to the U.S. Department
and walking-working surface hazards. of Transportation’s Emergency Response
(H) Awareness and knowledge of the com- Guidebook (ERG), manufacturer safety data
petencies for the First Responder at the Op- sheets, CHEMTREC/CANUTEC, shipper or
erations Level covered in the National Fire manufacturer contacts, computer data bases
Protection Association’s Standard No. 472, and response models, and other relevant
Professional Competence of Responders to Haz- sources of information addressing hazardous
ardous Materials Incidents. substance releases. Familiarization with
(3) Hazardous materials technician. OSHA standard 29 CFR 1910.1201.
(A) Review of and demonstration of com- (C) Review of the principles and practices
petency in performing the applicable skills for analyzing an incident to determine the
of 29 CFR 1910.120(q). hazardous substances present, their physical
(B) Hands-on experience with written and and chemical properties, and the likely be-
electronic information relative to response havior of the hazardous substance and its
decision making including but not limited to container, vessel, or vehicle.
the U.S. Department of Transportation’s (D) Review of the principles and practices
Emergency Response Guidebook (ERG), manu- for identification of the types of hazardous
facturer safety data sheets, CHEMTREC/ substance transportation containers, vessels
CANUTEC, shipper or manufacturer con- and vehicles involved in the release; select-
tacts, computer data bases and response ing and using the various types of equipment
models, and other relevant sources of infor- available for plugging or patching transpor-
mation addressing hazardous substance re- tation containers, vessels or vehicles; orga-
leases. Familiarization with OSHA standard nizing and directing the use of multiple
29 CFR 1910.1201. teams of hazardous material technicians and
428
selecting the appropriate strategy for ap- (D) Ability to evaluate the progress of the
proaching release sites and containing or emergency response to ensure that the re-
stopping the release. sponse objectives are being met safely, effec-
(E) Review of procedures for implementing tively, and efficiently.
continuing response actions consistent with (E) Ability to adjust the response plan to
the local emergency response plan, the orga- the conditions of the response and to notify
nization’s standard operating procedures, in- higher levels of response when required by
cluding knowledge of the available public the changes to the response plan.
and private response resources, establish-
[54 FR 9317, Mar. 6, 1989, as amended at 55 FR
ment of an incident command post, direction
14073, Apr. 13, 1990; 56 FR 15832, Apr. 18, 1991;
of hazardous material technician teams, and
59 FR 43270, Aug. 22, 1994; 61 FR 9238, Mar. 7,
extended emergency notification procedures
1996; 67 FR 67964, Nov. 7, 2002; 71 FR 16672,
and follow-up communications.
Apr. 3, 2006; 76 FR 80738, Dec. 27, 2011; 77 FR
(F) Review of the principles and practice
17776, Mar. 26, 2012; 78 FR 9313, Feb. 8, 2013]
for proper selection and use of personal pro-
tective equipment.
§ 1910.121 [Reserved]
(G) Review of the principles and practices
of establishing exposure zones and proper de- DIPPING AND COATING OPERATIONS
contamination, monitoring and medical sur-
veillance stations and procedures.
(H) Review of the expected hazards includ- SOURCE: 64 FR 13909, Mar. 23, 1999, unless
ing fire and explosions hazards, confined otherwise noted.
space hazards, electrical hazards, powered
equipment hazards, motor vehicle hazards, § 1910.122 Table of contents.
and walking-working surface hazards. This section lists the paragraph
(I) Awareness and knowledge of the com- headings contained in §§ 1910.123
petencies for the Off-site Specialist Em- through 1910.126.
ployee covered in the National Fire Protec-
tion Association’s Standard No. 472, Profes- § 1910.123 Dipping and coating operations:
sional Competence of Responders to Hazardous Coverage and definitions.
Materials Incidents.
(5) Incident commander. (a) Does this rule apply to me?
The incident commander is the individual (b) What operations are covered?
who, at any one time, is responsible for and (c) What operations are not covered?
in control of the response effort. This indi- (d) How are terms used in §§ 1910.123
vidual is the person responsible for the direc- through 1910.126 defined?
tion and coordination of the response effort. § 1910.124 General requirements for dipping and
An incident commander’s position should be coating operations.
occupied by the most senior, appropriately
trained individual present at the response (a) What construction requirements apply
site. Yet, as necessary and appropriate by to dip tanks?
the level of response provided, the position (b) What ventilation requirements apply to
may be occupied by many individuals during vapor areas?
a particular response as the need for greater (c) What requirements must I follow to re-
authority, responsibility, or training in- circulate exhaust air into the workplace?
creases. It is possible for the first responder (d) What must I do when I use an exhaust
at the awareness level to assume the duties hood?
of incident commander until a more senior (e) What requirements must I follow when
and appropriately trained individual arrives an employee enters a dip tank?
at the response site. (f) What first-aid procedures must my em-
Therefore, any emergency responder ex- ployees know?
pected to perform as an incident commander (g) What hygiene facilities must I provide?
should be trained to fulfill the obligations of (h) What treatment and first aid must I
the position at the level of response they will provide?
be providing including the following: (i) What must I do before an employee
(A) Ability to analyze a hazardous sub- cleans a dip tank?
stance incident to determine the magnitude (j) What must I do to inspect and maintain
of the response problem. my dipping or coating operation?
(B) Ability to plan and implement an ap-
§ 1910.125 Additional requirements for dipping
propriate response plan within the capabili-
and coating operations that use flammable or
ties of available personnel and equipment.
combustible liquids.
(C) Ability to implement a response to fa-
vorably change the outcome of the incident (a) What type of construction material
in a manner consistent with the local emer- must be used in making my dip tank?
gency response plan and the organization’s (b) When must I provide overflow piping?
standard operating procedures. (c) When must I provide a bottom drain?
429
(d) When must my conveyer system shut nationally recognized testing labora-
down automatically? tory, as defined by § 1910.7.
(e) What ignition and fuel sources must be Autoignition temperature means the
controlled?
minimum temperature required to
(f) What fire protection must I provide?
(g) To what temperature may I heat a liq- cause self-sustained combustion, inde-
uid in a dip tank? pendent of any other source of heat.
Dip tank means a container holding a
§ 1910.126 Additional requirements for special liquid other than water and that is
dipping and coating operations. used for dipping or coating. An object
(a) What additional requirements apply to may be immersed (or partially im-
hardening or tempering tanks? mersed) in a dip tank or it may be sus-
(b) What additional requirements apply to pended in a vapor coming from the
flow coating? tank.
(c) What additional requirements apply to
roll coating, roll spreading, or roll impreg-
Flammable liquid means any liquid
nating? having a flashpoint at or below 199.4
(d) What additional requirements apply to °F (93 °C).
vapor degreasing tanks? Flashpoint means the minimum tem-
(e) What additional requirements apply to perature at which a liquid gives off a
cyanide tanks? vapor in sufficient concentration to ig-
(f) What additional requirements apply to nite if tested in accordance with the
spray cleaning tanks and spray degreasing test methods in Appendix B to
tanks?
(g) What additional requirements apply to § 1910.1200—Physical Hazard Criteria.
electrostatic paint detearing? Lower flammable limit (LFL) means
the lowest concentration of a material
§ 1910.123 Dipping and coating oper- that will propagate a flame. The LFL
ations: Coverage and definitions. is usually expressed as a percent by
(a) Does this rule apply to me? (1) volume of the material in air (or other
This rule (§§ 1910.123 through 1910.126) oxidant).
applies when you use a dip tank con- Vapor area means any space con-
taining a liquid other than water. It taining a dip tank, including its drain
applies when you use the liquid in the boards, associated drying or conveying
tank or its vapor to: equipment, and any surrounding area
(i) Clean an object; where the vapor concentration exceeds
(ii) Coat an object; 25% of the LFL of the liquid in the
(iii) Alter the surface of an object; or tank.
(iv) Change the character of an ob- You means the employer, as defined
ject. by the Occupational Safety and Health
(2) This rule also applies to the drain- Act of 1970 (29 U.S.C. 651 et seq.).
ing or drying of an object you have [64 FR 13909, Mar. 23, 1999, as amended at 77
dipped or coated. FR 17777, Mar. 26, 2012]
(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
430
liquid in a dip tank to replace or sup- (d) What must I do when I use an ex-
plement ventilation. The method or haust hood? You must:
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
to recirculate exhaust air into the (3) At least one basin with a hot-
workplace? (1) You may not recirculate water faucet for every 10 employees
exhaust air when any substance in that who work with such liquids. (See para-
air poses a health hazard to employees graph (d) of § 1910.141.)
or exceeds 25% of its LFL. (h) What treatment and first aid
(2) You must ensure that any exhaust must I provide? When your employees
air re-circulated from a dipping or work with liquids that may burn, irri-
coating operation using flammable liq- tate, or otherwise harm their skin, you
uids or liquids with flashpoints greater must provide:
than 199.4 °F (93 °C) 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
431
their exposed body parts, especially ers, drains, overflow piping, and elec-
their nostrils. trical and fire-extinguishing systems,
(i) What must I do before an em- and promptly correct any deficiencies;
ployee cleans a dip tank? Before per- (4) Provide mechanical ventilation or
mitting an employee to clean the inte- respirators (selected and used as speci-
rior of a dip tank, you must: fied in § 1910.134, OSHA’s Respiratory
(1) Drain the contents of the tank Protection standard) to protect em-
and open the cleanout doors; and ployees in the vapor area from expo-
(2) Ventilate and clear any pockets sure to toxic substances released dur-
where hazardous vapors may have ac- ing welding, burning, or open-flame
cumulated. work; and
(j) What must I do to inspect and
(5) Have dip tanks thoroughly
maintain my dipping or coating oper-
cleaned of solvents and vapors before
ation? You must:
permitting welding, burning, or open-
(1) Inspect the hoods and ductwork of
flame work on them.
the ventilation system for corrosion or
damage: [64 FR 13909, Mar. 23, 1999, as amended at 77
(i) At least quarterly during oper- FR 17777, Mar. 26, 2012]
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 liquids or liquids
quate: with flashpoints greater than 199.4
≥F (93 ≥C).
(i) At least quarterly during oper-
ation; and If you use flammable liquids, you
(ii) Prior to operation after a pro- must comply with the requirements of
longed shutdown. this section as well as the require-
(3) Periodically inspect all dipping ments of §§ 1910.123, 1910.124, and
and coating equipment, including cov- 1910.126, as applicable.
You must also comply with this section if: And:
• The flashpoint of the liquid is 199.4 °F (93 °C) or • The liquid is heated as part of the operation; or
above. • A heated object is placed in the liquid.
(a) What type of construction mate- (iii) The bottom of the overflow con-
rial must be used in making my dip nection is at least 6 inches (15.2 cm)
tank? Your dip tank must be made of below the top of the dip tank.
noncombustible material. (c) When must I provide a bottom
(b) When must I provide overflow pip- drain? (1) You must provide a bottom
ing? (1) You must provide properly drain for dip tanks that contain more
trapped overflow piping that discharges than 500 gallons (1893 L) of liquid, un-
to a safe location for any dip tank hav- less:
ing: (i) The dip tank is equipped with an
(i) A capacity greater than 150 gal- automatic closing cover meeting the
requirements of paragraph (f)(3) of this
lons (568 L); or
section; or
(ii) A liquid surface area greater than (ii) The viscosity of the liquid at nor-
10 feet 2 (0.95 m2). mal atmospheric temperature does not
(2) You must also ensure that: allow the liquid to flow or be pumped
(i) Any overflow piping is at least 3 easily.
inches (7.6 cm) in diameter and has suf- (2) You must ensure that the bottom
ficient capacity to prevent the dip tank drain required by this section:
from overflowing; (i) Will empty the dip tank during a
(ii) Piping connections on drains and fire;
overflow pipes allow ready access to (ii) Is properly trapped;
the interior of the pipe for inspection (iii) Has pipes that permit the dip
and cleaning; and tank’s contents to be removed within
five minutes after a fire begins; and
432
(iv) Discharges to a safe location. (iii) Waste can contents are properly
(3) Any bottom drain you provide disposed of at the end of each shift.
must be capable of manual and auto- (5) You must prohibit smoking in a
matic operation, and manual operation vapor area and must post a readily
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 [64 FR 13909, Mar. 23, 1999, as amended at 77
(iii) Shuts down automatically if any FR 17777, Mar. 26, 2012]
ventilating fan fails to maintain ade-
quate ventilation. § 1910.126 Additional requirements for
(4) You also must ensure that: special dipping and coating oper-
(i) All vapor areas are free of combus- ations.
tible debris and as free as practicable In addition to the requirements in
of combustible stock; §§ 1910.123 through 1910.125, you must
(ii) Rags and other material contami- comply with any requirement in this
nated with liquids from dipping or section that applies to your operation.
coating operations are placed in ap- (a) What additional requirements

proved waste cans immediately after apply to hardening or tempering
use; and tanks?
433
(1) You must ensure that hardening half the tank width, whichever is less,
or tempering tanks: below the top of the vapor degreasing
(i) Are located as far as practicable tank.
from furnaces; (2) When you use gas as a fuel to heat
(ii) Are on noncombustible flooring; the tank liquid, you must prevent sol-
and vent vapors from entering the air-fuel
(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 (g) What additional requirements
pumping system. apply to electrostatic paint detearing?
(2) You must ensure that the piping (1) You must use only approved electro-
is substantial and rigidly supported. static equipment in paint-detearing op-
(c) What additional requirements erations. Electrodes in such equipment
apply to roll coating, roll spreading, or must be substantial, rigidly supported,
roll impregnating? When these oper- permanently located, and effectively
ations use a flammable liquid that has insulated from ground by nonporous,
a flashpoint below 140 °F (60 °C), you noncombustible, clean, dry insulators.
must prevent sparking of static elec- (2) You must use conveyors to sup-
tricity by: port any goods being paint deteared.
(1) Bonding and grounding all metal- (3) You must ensure that goods being
lic parts (including rotating parts) and electrostatically deteared are not
installing static collectors; or manually handled.
(2) Maintaining a conductive atmos- (4) Between goods being electro-
phere (for example, one with a high rel- statically deteared and the electrodes
ative humidity) in the vapor area. or conductors of the electrostatic
(d) What additional requirements equipment, you must maintain a min-
apply to vapor degreasing tanks? (1) imum distance of twice the sparking
You must ensure that the condenser or distance. This minimum distance must
vapor-level thermostat keeps the vapor be displayed conspicuously on a sign
level at least 36 inches (91 cm) or one- located near the equipment.
434
(5) You must ensure that the electro- of causing injury or impairment in the
static equipment has automatic con- function of any part of the body
trols that immediately disconnect the through absorption, inhalation or
power supply to the high-voltage trans- physical contact.
former and signal the operator if: (b) Employee-owned equipment. Where
(i) Ventilation or the conveyors fail employees provide their own protective
to operate; equipment, the employer shall be re-
(ii) A ground (or imminent ground) sponsible to assure its adequacy, in-
occurs anywhere in the high-voltage cluding proper maintenance, and sani-
system; or tation of such equipment.
(iii) Goods being electrostatically (c) Design. All personal protective
deteared come within twice the spark- equipment shall be of safe design and
ing distance of the electrodes or con- construction for the work to be per-
ductors of the equipment. formed.
(6) You must use fences, rails, or (d) Hazard assessment and equipment
guards, made of conducting material selection. (1) The employer shall assess
and adequately grounded, to separate the workplace to determine if hazards
paint-detearing operations from stor- are present, or are likely to be present,
age areas and from personnel. which necessitate the use of personal
(7) To protect paint-detearing oper- protective equipment (PPE). If such
ations from fire, you must have in hazards are present, or likely to be
place: present, the employer shall:
(i) Automatic sprinklers; or (i) Select, and have each affected em-
(ii) An automatic fire-extinguishing ployee use, the types of PPE that will
system conforming to the requirements protect the affected employee from the
of subpart L of this part. hazards identified in the hazard assess-
(8) To collect paint deposits, you ment;
must: (ii) Communicate selection decisions
(i) Provide drip plates and screens; to each affected employee; and,
and (iii) Select PPE that properly fits
(ii) Clean these plates and screens in each affected employee.
a safe location.
NOTE: Non-mandatory appendix B contains
[64 FR 13909, Mar. 23, 1999, as amended at 77 an example of procedures that would comply
FR 17777, Mar. 26, 2012] with the requirement for a hazard assess-
ment.
Subpart I—Personal Protective (2) The employer shall verify that the
Equipment required workplace hazard assessment
has been performed through a written
AUTHORITY: 29 U.S.C. 653, 655, 657; Sec- certification that identifies the work-
retary of Labor’s Order No. 12–71 (36 FR 8754), place evaluated; the person certifying
8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55
that the evaluation has been per-
FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017),
5–2002 (67 FR 65008), 5–2007 (72 FR 31160), 4– formed; the date(s) of the hazard as-
2010 (75 FR 55355), or 1–2012 (77 FR 3912), as sessment; and, which identifies the
applicable, and 29 CFR Part 1911. document as a certification of hazard
assessment.
§ 1910.132 General requirements. (e) Defective and damaged equipment.
(a) Application. Protective equipment, Defective or damaged personal protec-
including personal protective equip- tive equipment shall not be used.
ment for eyes, face, head, and extrem- (f) Training. (1) The employer shall
ities, protective clothing, respiratory provide training to each employee who
devices, and protective shields and bar- is required by this section to use PPE.
riers, shall be provided, used, and Each such employee shall be trained to
maintained in a sanitary and reliable know at least the following:
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,
435
(v) The proper care, maintenance, (ii) Everyday clothing, such as long-
useful life and disposal of the PPE. sleeve shirts, long pants, street shoes,
(2) Each affected employee shall dem- and normal work boots; or
onstrate an understanding of the train- (iii) Ordinary clothing, skin creams,
ing specified in paragraph (f)(1) of this or other items, used solely for protec-
section, and the ability to use PPE tion from weather, such as winter
properly, before being allowed to per- coats, jackets, gloves, parkas, rubber
form work requiring the use of PPE. boots, hats, raincoats, ordinary sun-
(3) When the employer has reason to glasses, and sunscreen.
believe that any affected employee who (5) The employer must pay for re-
has already been trained does not have placement PPE, except when the em-
the understanding and skill required by ployee has lost or intentionally dam-
paragraph (f)(2) of this section, the em- aged the PPE.
ployer shall retrain each such em-
(6) Where an employee provides ade-
ployee. Circumstances where retrain-
ing is required include, but are not lim- quate protective equipment he or she
ited to, situations where: owns pursuant to paragraph (b) of this
(i) Changes in the workplace render section, the employer may allow the
previous training obsolete; or employee to use it and is not required
(ii) Changes in the types of PPE to be to reimburse the employee for that
used render previous training obsolete; equipment. The employer shall not re-
or quire an employee to provide or pay for
(iii) Inadequacies in an affected em- his or her own PPE, unless the PPE is
ployee’s knowledge or use of assigned excepted by paragraphs (h)(2) through
PPE indicate that the employee has (h)(5) of this section.
not retained the requisite under- (7) This paragraph (h) shall become
standing or skill. effective on February 13, 2008. Employ-
(g) Paragraphs (d) and (f) of this sec- ers must implement the PPE payment
tion apply only to §§ 1910.133, 1910.135, requirements no later than May 15,
1919.136, and 1910.138. Parpagraphs (d) 2008.
and (f) of this section do not apply to NOTE TO § 1910.132(h): When the provisions
§§ 1910.134 and 1910.137. of another OSHA standard specify whether
(h) Payment for protective equipment. or not the employer must pay for specific
(1) Except as provided by paragraphs equipment, the payment provisions of that
(h)(2) through (h)(6) of this section, the standard shall prevail.
protective equipment, including per-
sonal protective equipment (PPE), used FR 16334, Apr. 6, 1994; 59 FR 33910, July 1,
to comply with this part, shall be pro- 1994; 72 FR 64428, Nov. 15, 2007; 76 FR 33606,
vided by the employer at no cost to June 8, 2011]
employees.
(2) The employer is not required to § 1910.133 Eye and face protection.
pay for non-specialty safety-toe protec-
(a) General requirements. (1) The em-
tive footwear (including steel-toe shoes
ployer shall ensure that each affected
or steel-toe boots) and non-specialty
employee uses appropriate eye or face
prescription safety eyewear, provided
that the employer permits such items protection when exposed to eye or face
to be worn off the job-site. hazards from flying particles, molten
(3) When the employer provides metal, liquid chemicals, acids or caus-
metatarsal guards and allows the em- tic liquids, chemical gases or vapors, or
ployee, at his or her request, to use potentially injurious light radiation.
shoes or boots with built-in metatarsal (2) The employer shall ensure that
protection, the employer is not re- each affected employee uses eye pro-
quired to reimburse the employee for tection that provides side protection
the shoes or boots. when there is a hazard from flying ob-
(4) The employer is not required to jects. Detachable side protectors (e.g.
pay for: clip-on or slide-on side shields) meeting

(i) The logging boots required by 29 the pertinent requirements of this sec-
CFR 1910.266(d)(1)(v); tion are acceptable.
436
(3) The employer shall ensure that (4) Eye and face PPE shall be dis-
each affected employee who wears pre- tinctly marked to facilitate identifica-
scription lenses while engaged in oper- tion of the manufacturer.
ations that involve eye hazards wears (5) The employer shall ensure that
eye protection that incorporates the each affected employee uses equipment
prescription in its design, or wears eye with filter lenses that have a shade
protection that can be worn over the number appropriate for the work being
prescription lenses without disturbing performed for protection from inju-
the proper position of the prescription rious light radiation. The following is a
lenses or the protective lenses. listing of appropriate shade numbers
for various operations.
Filter Lenses for Protection Against Radiant Energy
Minimum* Pro-
Operations Electrode Size 1⁄32 in. Arc Current 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
437
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.
(b) Criteria for protective eye and face (a) Permissible practice. (1) In the con-
protection. (1) Protective eye and face trol of those occupational diseases
protection devices must comply with caused by breathing air contaminated
any of the following consensus stand- with harmful dusts, fogs, fumes, mists,
ards: gases, smokes, sprays, or vapors, the
(i) ANSI/ISEA Z87.1–2010, Occupa- primary objective shall be to prevent
tional and Educational Personal Eye atmospheric contamination. This shall
and Face Protection Devices, incor- be accomplished as far as feasible by
porated by reference in § 1910.6; accepted engineering control measures
(ii) ANSI Z87.1–2003, Occupational (for example, enclosure or confinement
and Educational Personal Eye and of the operation, general and local ven-
Face Protection Devices, incorporated tilation, and substitution of less toxic
by reference in § 1910.6; or materials). When effective engineering
(iii) ANSI Z87.1–1989 (R–1998), Prac- controls are not feasible, or while they
tice for Occupational and Educational are being instituted, appropriate res-
Eye and Face Protection, incorporated pirators shall be used pursuant to this
by reference in § 1910.6; section.
(2) Protective eye and face protection (2) A respirator shall be provided to
devices that the employer dem- each employee when such equipment is
onstrates are at least as effective as necessary to protect the health of such
protective eye and face protection de- employee. The employer shall provide
vices that are constructed in accord- the respirators which are applicable
ance with one of the above consensus and suitable for the purpose intended.
standards will be deemed to be in com- The employer shall be responsible for
pliance with the requirements of this the establishment and maintenance of
section. a respiratory protection program,
[59 FR 16360, Apr. 6, 1994; 59 FR 33911, July 1, which shall include the requirements
1994, as amended at 61 FR 9238, Mar. 7, 1996; outlined in paragraph (c) of this sec-
61 FR 19548, May 2, 1996; 74 FR 46356, Sept. 9, tion. The program shall cover each em-
2009; 81 FR 16090, Mar. 25, 2016] ployee required by this section to use a
respirator.
§ 1910.134 Respiratory protection. (b) Definitions. The following defini-
This section applies to General In- tions are important terms used in the
dustry (part 1910), Shipyards (part respiratory protection standard in this
1915), Marine Terminals (part 1917), section.

Longshoring (part 1918), and Construc- Air-purifying respirator means a res-
tion (part 1926). pirator with an air-purifying filter,
438
cartridge, or canister that removes spe- piece composed of the filtering me-
cific air contaminants by passing am- dium.
bient air through the air-purifying ele- Fit factor means a quantitative esti-
ment. mate of the fit of a particular res-
Assigned protection factor (APF) means pirator to a specific individual, and
the workplace level of respiratory pro- typically estimates the ratio of the
tection that a respirator or class of res- concentration of a substance in ambi-
pirators is expected to provide to em- ent air to its concentration inside the
ployees when the employer implements respirator when worn.
a continuing, effective respiratory pro- Fit test means the use of a protocol to
tection program as specified by this qualitatively or quantitatively evalu-
section.
ate the fit of a respirator on an indi-
Atmosphere-supplying respirator means
vidual. (See also Qualitative fit test
a respirator that supplies the res-
QLFT and Quantitative fit test QNFT.)
pirator user with breathing air from a
source independent of the ambient at- Helmet means a rigid respiratory
mosphere, and includes supplied-air inlet covering that also provides head
respirators (SARs) and self-contained protection against impact and penetra-
breathing apparatus (SCBA) units. tion.
Canister or cartridge means a con- High efficiency particulate air (HEPA)
tainer with a filter, sorbent, or cata- filter means a filter that is at least
lyst, or combination of these items, 99.97% efficient in removing
which removes specific contaminants monodisperse particles of 0.3 microm-
from the air passed through the con- eters in diameter. The equivalent
tainer. NIOSH 42 CFR 84 particulate filters are
Demand respirator means an atmos- the N100, R100, and P100 filters.
phere-supplying respirator that admits Hood means a respiratory inlet cov-
breathing air to the facepiece only ering that completely covers the head
when a negative pressure is created in- and neck and may also cover portions
side the facepiece by inhalation. of the shoulders and torso.
Emergency situation means any occur- Immediately dangerous to life or health
rence such as, but not limited to, (IDLH) means an atmosphere that
equipment failure, rupture of con- poses an immediate threat to life,
tainers, or failure of control equipment would cause irreversible adverse health
that may or does result in an uncon- effects, or would impair an individual’s
trolled significant release of an air- ability to escape from a dangerous at-
borne contaminant. mosphere.
Employee exposure means exposure to Interior structural firefighting means
a concentration of an airborne con- the physical activity of fire suppres-
taminant that would occur if the em-
sion, rescue or both, inside of buildings
ployee were not using respiratory pro-
or enclosed structures which are in-
tection.
volved in a fire situation beyond the
End-of-service-life indicator (ESLI)
incipient stage. (See 29 CFR 1910.155)
means a system that warns the res-
pirator user of the approach of the end Loose-fitting facepiece means a res-
of adequate respiratory protection, for piratory inlet covering that is designed
example, that the sorbent is approach- to form a partial seal with the face.
ing saturation or is no longer effective. Maximum use concentration (MUC)
Escape-only respirator means a res- means the maximum atmospheric con-
pirator intended to be used only for centration of a hazardous substance
emergency exit. from which an employee can be ex-
Filter or air purifying element means a pected to be protected when wearing a
component used in respirators to re- respirator, and is determined by the as-
move solid or liquid aerosols from the signed protection factor of the res-
inspired air. pirator or class of respirators and the
Filtering facepiece (dust mask) means exposure limit of the hazardous sub-
a negative pressure particulate res- stance. The MUC can be determined

pirator with a filter as an integral part mathematically by multiplying the as-
of the facepiece or with the entire face- signed protection factor specified for a
439
respirator by the required OSHA per- Self-contained breathing apparatus

missible exposure limit, short-term ex- (SCBA) means an atmosphere-sup-
posure limit, or ceiling limit. When no plying respirator for which the breath-
OSHA exposure limit is available for a ing air source is designed to be carried
hazardous substance, an employer by the user.
must determine an MUC on the basis of Service life means the period of time
relevant available information and in- that a respirator, filter or sorbent, or
formed professional judgment. other respiratory equipment provides
Negative pressure respirator (tight fit- adequate protection to the wearer.
ting) means a respirator in which the Supplied-air respirator (SAR) or airline
air pressure inside the facepiece is neg- respirator means an atmosphere-sup-
ative during inhalation with respect to plying respirator for which the source
the ambient air pressure outside the of breathing air is not designed to be
respirator. carried by the user.
Oxygen deficient atmosphere means an This section means this respiratory
atmosphere with an oxygen content protection standard.
below 19.5% by volume.
Tight-fitting facepiece means a res-
Physician or other licensed health care
piratory inlet covering that forms a
professional (PLHCP) means an indi-
complete seal with the face.
vidual whose legally permitted scope of
practice (i.e., license, registration, or User seal check means an action con-
certification) allows him or her to ducted by the respirator user to deter-
independently provide, or be delegated mine if the respirator is properly seat-
the responsibility to provide, some or ed to the face.
all of the health care services required (c) Respiratory protection program.
by paragraph (e) of this section. This paragraph requires the employer
Positive pressure respirator means a to develop and implement a written
respirator in which the pressure inside respiratory protection program with
the respiratory inlet covering exceeds required worksite-specific procedures
the ambient air pressure outside the and elements for required respirator
respirator. use. The program must be administered
Powered air-purifying respirator by a suitably trained program adminis-
(PAPR) means an air-purifying res- trator. In addition, certain program
pirator that uses a blower to force the elements may be required for vol-
ambient air through air-purifying ele- untary use to prevent potential haz-
ments to the inlet covering. ards associated with the use of the res-
Pressure demand respirator means a pirator. The Small Entity Compliance
positive pressure atmosphere-supplying Guide contains criteria for the selec-
respirator that admits breathing air to tion of a program administrator and a
the facepiece when the positive pres- sample program that meets the re-
sure is reduced inside the facepiece by quirements of this paragraph. Copies of
inhalation. the Small Entity Compliance Guide
Qualitative fit test (QLFT) means a will be available on or about April 8,
pass/fail fit test to assess the adequacy 1998 from the Occupational Safety and
of respirator fit that relies on the indi- Health Administration’s Office of Pub-
vidual’s response to the test agent. lications, Room N 3101, 200 Constitu-
Quantitative fit test (QNFT) means an tion Avenue, NW, Washington, DC,
assessment of the adequacy of res- 20210 (202–219–4667).
pirator fit by numerically measuring (1) In any workplace where res-
the amount of leakage into the respirators are necessary to protect the
pirator. health of the employee or whenever
Respiratory inlet covering means that respirators are required by the em-
portion of a respirator that forms the ployer, the employer shall establish
protective barrier between the user’s and implement a written respiratory
respiratory tract and an air-purifying protection program with worksite-spe-
device or breathing air source, or both. cific procedures. The program shall be
It may be a facepiece, helmet, hood, updated as necessary to reflect those

suit, or a mouthpiece respirator with changes in workplace conditions that
nose clamp. affect respirator use. The employer
440
shall include in the program the fol- employees whose only use of res-
lowing provisions of this section, as ap- pirators involves the voluntary use of
plicable: filtering facepieces (dust masks).
(i) Procedures for selecting res- (3) The employer shall designate a
pirators for use in the workplace; program administrator who is qualified
(ii) Medical evaluations of employees by appropriate training or experience
required to use respirators; that is commensurate with the com-
(iii) Fit testing procedures for tight- plexity of the program to administer or
fitting respirators; oversee the respiratory protection pro-
(iv) Procedures for proper use of res- gram and conduct the required evalua-
pirators in routine and reasonably fore- tions of program effectiveness.
seeable emergency situations; (4) The employer shall provide res-
(v) Procedures and schedules for pirators, training, and medical evalua-
cleaning, disinfecting, storing, inspect- tions at no cost to the employee.
ing, repairing, discarding, and other- (d) Selection of respirators. This para-
wise maintaining respirators; graph requires the employer to evalu-
(vi) Procedures to ensure adequate ate respiratory hazard(s) in the work-
air quality, quantity, and flow of place, identify relevant workplace and
breathing air for atmosphere-supplying user factors, and base respirator selec-
respirators; tion on these factors. The paragraph
(vii) Training of employees in the
also specifies appropriately protective
respiratory hazards to which they are
respirators for use in IDLH
potentially exposed during routine and
atmospheres, and limits the selection
emergency situations;
and use of air-purifying respirators.
(viii) Training of employees in the
(1) General requirements. (i) The em-
proper use of respirators, including
ployer shall select and provide an ap-
putting on and removing them, any
propriate respirator based on the res-
limitations on their use, and their
piratory hazard(s) to which the worker
maintenance; and
is exposed and workplace and user fac-
(ix) Procedures for regularly evalu-
tors that affect respirator performance
ating the effectiveness of the program.
and reliability.
(2) Where respirator use is not re-
quired: (ii) The employer shall select a
(i) An employer may provide res- NIOSH-certified respirator. The res-
pirators at the request of employees or pirator shall be used in compliance
permit employees to use their own res- with the conditions of its certification.
pirators, if the employer determines (iii) The employer shall identify and
that such respirator use will not in evaluate the respiratory hazard(s) in
itself create a hazard. If the employer the workplace; this evaluation shall in-
determines that any voluntary res- clude a reasonable estimate of em-
pirator use is permissible, the employee exposures to respiratory haz-
ployer shall provide the respirator ard(s) and an identification of the con-
users with the information contained taminant’s chemical state and physical
in appendix D to this section (‘‘Infor- form. Where the employer cannot iden-
mation for Employees Using Res- tify or reasonably estimate the em-
pirators When Not Required Under the ployee exposure, the employer shall
Standard’’); and consider the atmosphere to be IDLH.
(ii) In addition, the employer must (iv) The employer shall select res-
establish and implement those ele- pirators from a sufficient number of
ments of a written respiratory protec- respirator models and sizes so that the
tion program necessary to ensure that respirator is acceptable to, and cor-
any employee using a respirator volun- rectly fits, the user.
tarily is medically able to use that res- (2) Respirators for IDLH atmospheres.
pirator, and that the respirator is (i) The employer shall provide the fol-
cleaned, stored, and maintained so that lowing respirators for employee use in
its use does not present a health hazard IDLH atmospheres:
to the user. Exception: Employers are (A) A full facepiece pressure demand
not required to include in a written SCBA certified by NIOSH for a min-
respiratory protection program those imum service life of thirty minutes, or
441
(B) A combination full facepiece pres- vide a respirator that is adequate to

sure demand supplied-air respirator protect the health of the employee and
(SAR) with auxiliary self-contained air ensure compliance with all other OSHA
supply. statutory and regulatory requirements,
(ii) Respirators provided only for es- under routine and reasonably foresee-
cape from IDLH atmospheres shall be able emergency situations.
NIOSH-certified for escape from the at- (A) Assigned Protection Factors (APFs).
mosphere in which they will be used. Employers must use the assigned pro-
(iii) All oxygen-deficient
tection factors listed in Table 1 to se-
atmospheres shall be considered IDLH.
Exception: If the employer dem- lect a respirator that meets or exceeds
onstrates that, under all foreseeable the required level of employee protec-
conditions, the oxygen concentration tion. When using a combination res-
can be maintained within the ranges pirator (e.g., airline respirators with an
specified in Table II of this section air-purifying filter), employers must
(i.e., for the altitudes set out in the ensure that the assigned protection
table), then any atmosphere-supplying factor is appropriate to the mode of op-
respirator may be used. eration in which the respirator is being
(3) Respirators for atmospheres that are used.
not IDLH. (i) The employer shall pro-
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 .................... ....................
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 stance, or the performance limits of

(MUC). (1) The employer must select a the cartridge or canister, then employ-
respirator for employee use that main- ers must set the maximum MUC at
tains the employee’s exposure to the that lower limit.
hazardous substance, when measured (ii) The respirator selected shall be
outside the respirator, at or below the appropriate for the chemical state and
MUC. physical form of the contaminant.
(2) Employers must not apply MUCs (iii) For protection against gases and
to conditions that are immediately
vapors, the employer shall provide:
dangerous to life or health (IDLH); in-
(A) An atmosphere-supplying res-
stead, they must use respirators listed
for IDLH conditions in paragraph (d)(2) pirator, or
of this standard. (B) An air-purifying respirator, pro-

(3) When the calculated MUC exceeds vided that:
the IDLH level for a hazardous sub-
442
(1) The respirator is equipped with an quirements for medical evaluation that
end-of-service-life indicator (ESLI) cer- employers must implement to deter-
tified by NIOSH for the contaminant; mine the employee’s ability to use a
or respirator.
(2) If there is no ESLI appropriate for (1) General. The employer shall pro-
conditions in the employer’s work- vide a medical evaluation to determine
place, the employer implements a the employee’s ability to use a res-
change schedule for canisters and car- pirator, before the employee is fit test-
tridges that is based on objective infor- ed or required to use the respirator in
mation or data that will ensure that the workplace. The employer may dis-
canisters and cartridges are changed continue an employee’s medical eval-
before the end of their service life. The uations when the employee is no longer
employer shall describe in the res- required to use a respirator.
pirator program the information and
(2) Medical evaluation procedures. (i)
data relied upon and the basis for the
The employer shall identify a physi-
canister and cartridge change schedule
cian or other licensed health care pro-
and the basis for reliance on the data.
fessional (PLHCP) to perform medical
(iv) For protection against particu-
lates, the employer shall provide: evaluations using a medical question-
(A) An atmosphere-supplying res- naire or an initial medical examination
pirator; or that obtains the same information as
(B) An air-purifying respirator the medical questionnaire.
equipped with a filter certified by (ii) The medical evaluation shall ob-
NIOSH under 30 CFR part 11 as a high tain the information requested by the
efficiency particulate air (HEPA) fil- questionnaire in Sections 1 and 2, part
ter, or an air-purifying respirator A of appendix C of this section.
equipped with a filter certified for par- (3) Follow-up medical examination. (i)
ticulates by NIOSH under 42 CFR part The employer shall ensure that a fol-
84; or low-up medical examination is pro-
(C) For contaminants consisting pri- vided for an employee who gives a posi-
marily of particles with mass median tive response to any question among
aerodynamic diameters (MMAD) of at questions 1 through 8 in Section 2, part
least 2 micrometers, an air-purifying A of appendix C or whose initial med-
respirator equipped with any filter cer- ical examination demonstrates the
tified for particulates by NIOSH. need for a follow-up medical examina-
tion.
TABLE I—ASSIGNED PROTECTION (ii) The follow-up medical examina-
FACTORS [RESERVED] tion shall include any medical tests,
consultations, or diagnostic procedures
TABLE II
that the PLHCP deems necessary to
Oxygen deficient make a final determination.
Atmospheres (% 02) for
Altitude (ft.) which the employer may rely (4) Administration of the medical ques-
on atmosphere-supplying res- tionnaire and examinations. (i) The med-
pirators
ical questionnaire and examinations
Less than 3,001 ..................... 16.0–19.5 shall be administered confidentially
3,001–4,000 ........................... 16.4–19.5 during the employee’s normal working
4,001–5,000 ........................... 17.1–19.5
5,001–6,000 ........................... 17.8–19.5
hours or at a time and place conven-
6,001–7,000 ........................... 18.5–19.5 ient to the employee. The medical
7,001–8,000 1 ......................... 19.3–19.5. questionnaire shall be administered in
1 Above 8,000 feet the exception does not apply. Oxygen- a manner that ensures that the em-
enriched breathing air must be supplied above 14,000 feet. ployee understands its content.
(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
443
concerning an employee’s ability to use the PLHCP’s medical evaluation finds

a respirator: that the employee can use such a res-
(A) The type and weight of the respirator; if a subsequent medical eval-
pirator to be used by the employee; uation finds that the employee is medi-
(B) The duration and frequency of cally able to use a negative pressure
respirator use (including use for rescue respirator, then the employer is no
and escape); longer required to provide a PAPR.
(C) The expected physical work ef- (7) Additional medical evaluations. At a
fort; minimum, the employer shall provide
(D) Additional protective clothing additional medical evaluations that
and equipment to be worn; and comply with the requirements of this
(E) Temperature and humidity ex- section if:
tremes that may be encountered. (i) An employee reports medical signs
(ii) Any supplemental information or symptoms that are related to ability
provided previously to the PLHCP re- to use a respirator;
garding an employee need not be pro- (ii) A PLHCP, supervisor, or the res-
vided for a subsequent medical evalua- pirator program administrator informs
tion if the information and the PLHCP the employer that an employee needs
remain the same. to be reevaluated;
(iii) The employer shall provide the (iii) Information from the respiratory
PLHCP with a copy of the written res- protection program, including observa-
piratory protection program and a tions made during fit testing and pro-
copy of this section. gram evaluation, indicates a need for
employee reevaluation; or
NOTE TO PARAGRAPH (e)(5)(iii): When the
employer replaces a PLHCP, the employer
(iv) A change occurs in workplace
must ensure that the new PLHCP obtains conditions (e.g., physical work effort,
this information, either by providing the protective clothing, temperature) that
documents directly to the PLHCP or having may result in a substantial increase in
the documents transferred from the former the physiological burden placed on an
PLHCP to the new PLHCP. However, OSHA employee.
does not expect employers to have employees (f) Fit testing. This paragraph requires
medically reevaluated solely because a new that, before an employee may be re-
PLHCP has been selected.
quired to use any respirator with a
(6) Medical determination. In deter- negative or positive pressure tight-fit-
mining the employee’s ability to use a ting facepiece, the employee must be
respirator, the employer shall: fit tested with the same make, model,
(i) Obtain a written recommendation style, and size of respirator that will be
regarding the employee’s ability to use used. This paragraph specifies the
the respirator from the PLHCP. The kinds of fit tests allowed, the proce-
recommendation shall provide only the dures for conducting them, and how
following information: the results of the fit tests must be
(A) Any limitations on respirator use used.
related to the medical condition of the (1) The employer shall ensure that
employee, or relating to the workplace employees using a tight-fitting face-
conditions in which the respirator will piece respirator pass an appropriate
be used, including whether or not the qualitative fit test (QLFT) or quan-
employee is medically able to use the titative fit test (QNFT) as stated in
respirator; this paragraph.
(B) The need, if any, for follow-up (2) The employer shall ensure that an
medical evaluations; and employee using a tight-fitting face-
(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
444
makes visual observations of, changes stalling a permanent sampling probe

in the employee’s physical condition onto a surrogate facepiece, or by using
that could affect respirator fit. Such a sampling adapter designed to tempo-
conditions include, but are not limited rarily provide a means of sampling air
to, facial scarring, dental changes, cos- from inside the facepiece.
metic surgery, or an obvious change in (iii) Any modifications to the res-
body weight. pirator facepiece for fit testing shall be
(4) If after passing a QLFT or QNFT, completely removed, and the facepiece
the employee subsequently notifies the restored to NIOSH-approved configura-
employer, program administrator, su- tion, before that facepiece can be used
pervisor, or PLHCP that the fit of the in the workplace.
respirator is unacceptable, the em- (g) Use of respirators. This paragraph
ployee shall be given a reasonable op- requires employers to establish and im-
portunity to select a different res- plement procedures for the proper use
pirator facepiece and to be retested. of respirators. These requirements in-
(5) The fit test shall be administered clude prohibiting conditions that may
using an OSHA-accepted QLFT or result in facepiece seal leakage, pre-
QNFT protocol. The OSHA-accepted venting employees from removing res-
QLFT and QNFT protocols and proce- pirators in hazardous environments,
dures are contained in appendix A of taking actions to ensure continued ef-
this section. fective respirator operation throughout
(6) QLFT may only be used to fit test the work shift, and establishing proce-
negative pressure air-purifying res- dures for the use of respirators in IDLH
pirators that must achieve a fit factor atmospheres or in interior structural
of 100 or less. firefighting situations.
(7) If the fit factor, as determined
(1) Facepiece seal protection. (i) The
through an OSHA-accepted QNFT pro-
employer shall not permit respirators
tocol, is equal to or greater than 100 for
with tight-fitting facepieces to be worn
tight-fitting half facepieces, or equal
by employees who have:
to or greater than 500 for tight-fitting
full facepieces, the QNFT has been (A) Facial hair that comes between
passed with that respirator. the sealing surface of the facepiece and
(8) Fit testing of tight-fitting atmos- the face or that interferes with valve
phere-supplying respirators and tight- function; or
fitting powered air-purifying res- (B) Any condition that interferes
pirators shall be accomplished by per- with the face-to-facepiece seal or valve
forming quantitative or qualitative fit function.
testing in the negative pressure mode, (ii) If an employee wears corrective
regardless of the mode of operation glasses or goggles or other personal
(negative or positive pressure) that is protective equipment, the employer
used for respiratory protection. shall ensure that such equipment is
(i) Qualitative fit testing of these res- worn in a manner that does not inter-
pirators shall be accomplished by tem- fere with the seal of the facepiece to
porarily converting the respirator the face of the user.
user’s actual facepiece into a negative (iii) For all tight-fitting respirators,
pressure respirator with appropriate the employer shall ensure that employ-
filters, or by using an identical nega- ees perform a user seal check each
tive pressure air-purifying respirator time they put on the respirator using
facepiece with the same sealing sur- the procedures in appendix B–1 or pro-
faces as a surrogate for the atmos- cedures recommended by the respirator
phere-supplying or powered air-puri- manufacturer that the employer dem-
fying respirator facepiece. onstrates are as effective as those in
(ii) Quantitative fit testing of these appendix B–1 of this section.
respirators shall be accomplished by (2) Continuing respirator effectiveness.
modifying the facepiece to allow sam- (i) Appropriate surveillance shall be
pling inside the facepiece in the maintained of work area conditions
breathing zone of the user, midway be- and degree of employee exposure or
tween the nose and mouth. This re- stress. When there is a change in work
quirement shall be accomplished by in- area conditions or degree of employee
445
exposure or stress that may affect res- and would not increase the overall risk
pirator effectiveness, the employer resulting from entry; or
shall reevaluate the continued effec- (C) Equivalent means for rescue
tiveness of the respirator. where retrieval equipment is not re-
(ii) The employer shall ensure that quired under paragraph (g)(3)(vi)(B).
employees leave the respirator use (4) Procedures for interior structural
area: firefighting. In addition to the require-
(A) To wash their faces and res- ments set forth under paragraph (g)(3),
pirator facepieces as necessary to pre- in interior structural fires, the em-
vent eye or skin irritation associated ployer shall ensure that:
with respirator use; or (i) At least two employees enter the
(B) If they detect vapor or gas break- IDLH atmosphere and remain in visual
through, changes in breathing resist- or voice contact with one another at
ance, or leakage of the facepiece; or all times;
(ii) At least two employees are lo-
(C) To replace the respirator or the
cated outside the IDLH atmosphere;
filter, cartridge, or canister elements.
and
(iii) If the employee detects vapor or (iii) All employees engaged in inte-
gas breakthrough, changes in breath- rior structural firefighting use SCBAs.
ing resistance, or leakage of the face-
piece, the employer must replace or re- NOTE 1 TO PARAGRAPH (g): One of the two
pair the respirator before allowing the individuals located outside the IDLH atmos-
phere may be assigned to an additional role,
employee to return to the work area. such as incident commander in charge of the
(3) Procedures for IDLH atmospheres. emergency or safety officer, so long as this
For all IDLH atmospheres, the em- individual is able to perform assistance or
ployer shall ensure that: rescue activities without jeopardizing the
(i) One employee or, when needed, safety or health of any firefighter working at
more than one employee is located out- the incident.
NOTE 2 TO PARAGRAPH (g): Nothing in this
side the IDLH atmosphere; section is meant to preclude firefighters
(ii) Visual, voice, or signal line com- from performing emergency rescue activities
munication is maintained between the before an entire team has assembled.
employee(s) in the IDLH atmosphere
(h) Maintenance and care of res-
and the employee(s) located outside
pirators. This paragraph requires the
the IDLH atmosphere;
employer to provide for the cleaning
(iii) The employee(s) located outside and disinfecting, storage, inspection,
the IDLH atmosphere are trained and and repair of respirators used by em-
equipped to provide effective emer- ployees.
gency rescue; (1) Cleaning and disinfecting. The em-
(iv) The employer or designee is noti- ployer shall provide each respirator
fied before the employee(s) located out- user with a respirator that is clean,
side the IDLH atmosphere enter the sanitary, and in good working order.
IDLH atmosphere to provide emer- The employer shall ensure that res-
gency rescue; pirators are cleaned and disinfected
(v) The employer or designee author- using the procedures in appendix B–2 of
ized to do so by the employer, once no- this section, or procedures rec-
tified, provides necessary assistance ommended by the respirator manufac-
appropriate to the situation; turer, provided that such procedures
(vi) Employee(s) located outside the are of equivalent effectiveness. The
IDLH atmospheres are equipped with: respirators shall be cleaned and dis-
(A) Pressure demand or other posi- infected at the following intervals:
tive pressure SCBAs, or a pressure de- (i) Respirators issued for the exclu-
mand or other positive pressure sup- sive use of an employee shall be
plied-air respirator with auxiliary cleaned and disinfected as often as nec-
SCBA; and either essary to be maintained in a sanitary
(B) Appropriate retrieval equipment condition;
for removing the employee(s) who (ii) Respirators issued to more than
enter(s) these hazardous atmospheres one employee shall be cleaned and dis-
where retrieval equipment would con- infected before being worn by different
tribute to the rescue of the employee(s) individuals;
446
(iii) Respirators maintained for falls to 90% of the manufacturer’s rec-

emergency use shall be cleaned and dis- ommended pressure level. The em-
infected after each use; and ployer shall determine that the regu-
(iv) Respirators used in fit testing lator and warning devices function
and training shall be cleaned and dis- properly.
infected after each use. (iv) For respirators maintained for
(2) Storage. The employer shall ensure emergency use, the employer shall:
that respirators are stored as follows: (A) Certify the respirator by docu-
(i) All respirators shall be stored to menting the date the inspection was
protect them from damage, contamina- performed, the name (or signature) of
tion, dust, sunlight, extreme tempera- the person who made the inspection,
tures, excessive moisture, and dam- the findings, required remedial action,
aging chemicals, and they shall be and a serial number or other means of
packed or stored to prevent deforma- identifying the inspected respirator;
tion of the facepiece and exhalation and
valve. (B) Provide this information on a tag
(ii) In addition to the requirements of or label that is attached to the storage
paragraph (h)(2)(i) of this section, compartment for the respirator, is kept
emergency respirators shall be: with the respirator, or is included in
(A) Kept accessible to the work area; inspection reports stored as paper or
(B) Stored in compartments or in
electronic files. This information shall
covers that are clearly marked as con-
be maintained until replaced following
taining emergency respirators; and
a subsequent certification.
(C) Stored in accordance with any ap-
(4) Repairs. The employer shall ensure
plicable manufacturer instructions.
that respirators that fail an inspection
(3) Inspection. (i) The employer shall
or are otherwise found to be defective
ensure that respirators are inspected as
are removed from service, and are dis-
follows:
carded or repaired or adjusted in ac-
(A) All respirators used in routine
cordance with the following proce-
situations shall be inspected before
dures:
each use and during cleaning;
(B) All respirators maintained for use (i) Repairs or adjustments to res-
in emergency situations shall be in- pirators are to be made only by persons
spected at least monthly and in accord- appropriately trained to perform such
ance with the manufacturer’s rec- operations and shall use only the res-
ommendations, and shall be checked pirator manufacturer’s NIOSH-ap-
for proper function before and after proved parts designed for the res-
each use; and pirator;
(C) Emergency escape-only res- (ii) Repairs shall be made according
pirators shall be inspected before being to the manufacturer’s recommenda-
carried into the workplace for use. tions and specifications for the type
(ii) The employer shall ensure that and extent of repairs to be performed;
respirator inspections include the fol- and
lowing: (iii) Reducing and admission valves,
(A) A check of respirator function, regulators, and alarms shall be ad-
tightness of connections, and the con- justed or repaired only by the manufac-
dition of the various parts including, turer or a technician trained by the
but not limited to, the facepiece, head manufacturer.
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:
447
(i) Compressed and liquid oxygen ther ensure breathing air quality. Sor-
shall meet the United States Pharma- bent beds and filters shall be main-
copoeia requirements for medical or tained and replaced or refurbished peri-
breathing oxygen; and odically following the manufacturer’s
(ii) Compressed breathing air shall instructions.
meet at least the requirements for (iv) Have a tag containing the most
Grade D breathing air described in recent change date and the signature of
ANSI/Compressed Gas Association the person authorized by the employer
Commodity Specification for Air, G– to perform the change. The tag shall be
7.1–1989, to include: maintained at the compressor.
(A) Oxygen content (v/v) of 19.5– (6) For compressors that are not oil-
23.5%; lubricated, the employer shall ensure
(B) Hydrocarbon (condensed) content that carbon monoxide levels in the
of 5 milligrams per cubic meter of air breathing air do not exceed 10 ppm.
or less; (7) For oil-lubricated compressors,
(C) Carbon monoxide (CO) content of the employer shall use a high-tempera-
10 ppm or less; ture or carbon monoxide alarm, or
(D) Carbon dioxide content of 1,000 both, to monitor carbon monoxide lev-
ppm or less; and els. If only high-temperature alarms
(E) Lack of noticeable odor. are used, the air supply shall be mon-
(2) The employer shall ensure that
itored at intervals sufficient to prevent
compressed oxygen is not used in at-
carbon monoxide in the breathing air
mosphere-supplying respirators that
from exceeding 10 ppm.
have previously used compressed air.
(3) The employer shall ensure that (8) The employer shall ensure that
oxygen concentrations greater than breathing air couplings are incompat-
23.5% are used only in equipment de- ible with outlets for nonrespirable
signed for oxygen service or distribu- worksite air or other gas systems. No
tion. asphyxiating substance shall be intro-
(4) The employer shall ensure that duced into breathing air lines.
cylinders used to supply breathing air (9) The employer shall use only the
to respirators meet the following re- respirator manufacturer’s NIOSH-ap-
quirements: proved breathing-gas containers,
(i) Cylinders are tested and main- marked and maintained in accordance
tained as prescribed in the Shipping with the Quality Assurance provisions
Container Specification Regulations of of the NIOSH approval for the SCBA as
the Department of Transportation (49 issued in accordance with the NIOSH
CFR part 180); respirator-certification standard at 42
(ii) Cylinders of purchased breathing CFR part 84.
air have a certificate of analysis from (j) Identification of filters, cartridges,
the supplier that the breathing air and canisters. The employer shall en-
meets the requirements for Grade D sure that all filters, cartridges and can-
breathing air; and isters used in the workplace are labeled
(iii) The moisture content in the cyl- and color coded with the NIOSH ap-
inder does not exceed a dew point of proval label and that the label is not
¥50 °F (¥45.6 °C) at 1 atmosphere pres- removed and remains legible.
sure. (k) Training and information. This
(5) The employer shall ensure that paragraph requires the employer to
compressors used to supply breathing provide effective training to employees
air to respirators are constructed and who are required to use respirators.
situated so as to: The training must be comprehensive,
(i) Prevent entry of contaminated air understandable, and recur annually,
into the air-supply system; and more often if necessary. This para-
(ii) Minimize moisture content so graph also requires the employer to
that the dew point at 1 atmosphere provide the basic information on res-
pressure is 10 degrees F (5.56 °C) below pirators in appendix D of this section
the ambient temperature; to employees who wear respirators

(iii) Have suitable in-line air-puri- when not required by this section or by
fying sorbent beds and filters to fur- the employer to do so.
448
(1) The employer shall ensure that (6) The basic advisory information on
each employee can demonstrate knowl- respirators, as presented in appendix D
edge of at least the following: of this section, shall be provided by the
(i) Why the respirator is necessary employer in any written or oral for-
and how improper fit, usage, or mainte- mat, to employees who wear res-
nance can compromise the protective pirators when such use is not required
effect of the respirator; by this section or by the employer.
(ii) What the limitations and capa- (l) Program evaluation. This section
bilities of the respirator are; requires the employer to conduct eval-
(iii) How to use the respirator effec- uations of the workplace to ensure that
tively in emergency situations, includ- the written respiratory protection pro-
ing situations in which the respirator gram is being properly implemented,
malfunctions; and to consult employees to ensure
(iv) How to inspect, put on and re- that they are using the respirators
move, use, and check the seals of the properly.
respirator; (1) The employer shall conduct eval-
(v) What the procedures are for main- uations of the workplace as necessary
tenance and storage of the respirator; to ensure that the provisions of the
(vi) How to recognize medical signs current written program are being ef-
and symptoms that may limit or pre- fectively implemented and that it con-
vent the effective use of respirators; tinues to be effective.
and (2) The employer shall regularly con-
(vii) The general requirements of this sult employees required to use res-
section. pirators to assess the employees’ views
(2) The training shall be conducted in on program effectiveness and to iden-
a manner that is understandable to the tify any problems. Any problems that
employee. are identified during this assessment
(3) The employer shall provide the shall be corrected. Factors to be as-
training prior to requiring the em- sessed include, but are not limited to:
ployee to use a respirator in the work- (i) Respirator fit (including the abil-
place. ity to use the respirator without inter-
(4) An employer who is able to dem- fering with effective workplace per-
onstrate that a new employee has re- formance);
ceived training within the last 12 (ii) Appropriate respirator selection
months that addresses the elements for the hazards to which the employee
specified in paragraph (k)(1)(i) through is exposed;
(vii) is not required to repeat such (iii) Proper respirator use under the
training provided that, as required by workplace conditions the employee en-
paragraph (k)(1), the employee can counters; and
demonstrate knowledge of those ele- (iv) Proper respirator maintenance.
ment(s). Previous training not repeated (m) Recordkeeping. This section re-
initially by the employer must be pro- quires the employer to establish and
vided no later than 12 months from the retain written information regarding
date of the previous training. medical evaluations, fit testing, and
(5) Retraining shall be administered the respirator program. This informa-
annually, and when the following situ- tion will facilitate employee involve-
ations occur: ment in the respirator program, assist
(i) Changes in the workplace or the the employer in auditing the adequacy
type of respirator render previous of the program, and provide a record
training obsolete; for compliance determinations by
(ii) Inadequacies in the employee’s OSHA.
knowledge or use of the respirator indi- (1) Medical evaluation. Records of
cate that the employee has not re- medical evaluations required by this
tained the requisite understanding or section must be retained and made
skill; or available in accordance with 29 CFR
(iii) Any other situation arises in 1910.1020.

which retraining appears necessary to (2) Fit testing. (i) The employer shall
ensure safe respirator use. establish a record of the qualitative
449
and quantitative fit tests administered that provides the most acceptable fit. Each
to an employee including: respirator represents a different size and
(A) The name or identification of the shape, and if fitted and used properly, will
provide adequate protection.
employee tested; 4. The test subject shall be instructed to
(B) Type of fit test performed; hold each chosen facepiece up to the face and
(C) Specific make, model, style, and eliminate those that obviously do not give
size of respirator tested; an acceptable fit.
(D) Date of test; and 5. The more acceptable facepieces are
(E) The pass/fail results for QLFTs or noted in case the one selected proves unac-
the fit factor and strip chart recording ceptable; the most comfortable mask is
or other recording of the test results donned and worn at least five minutes to as-
sess comfort. Assistance in assessing comfort
for QNFTs. can be given by discussing the points in the
(ii) Fit test records shall be retained following item A.6. If the test subject is not
for respirator users until the next fit familiar with using a particular respirator,
test is administered. the test subject shall be directed to don the
(3) A written copy of the current res- mask several times and to adjust the straps
pirator program shall be retained by each time to become adept at setting proper
the employer. tension on the straps.
6. Assessment of comfort shall include a re-
(4) Written materials required to be
view of the following points with the test
retained under this paragraph shall be subject and allowing the test subject ade-
made available upon request to af- quate time to determine the comfort of the
fected employees and to the Assistant respirator:
Secretary or designee for examination (a) Position of the mask on the nose
and copying. (b) Room for eye protection
(n) Effective date. Paragraphs (c) Room to talk
(d)(3)(i)(A) and (d)(3)(i)(B) of this sec- (d) Position of mask on face and cheeks
7. The following criteria shall be used to
tion become effective November 22, help determine the adequacy of the res-
2006. pirator fit:
(o) Appendices. Compliance with ap- (a) Chin properly placed;
pendix A, appendix B–1, appendix B–2, (b) Adequate strap tension, not overly
appendix C, and appendix D to this sec- tightened;
tion are mandatory. (c) Fit across nose bridge;
(d) Respirator of proper size to span dis-
APPENDIX A TO § 1910.134—FIT TESTING tance from nose to chin;
PROCEDURES (MANDATORY) (e) Tendency of respirator to slip;
(f) Self-observation in mirror to evaluate
PART I. OSHA-ACCEPTED FIT TEST fit and respirator position.
PROTOCOLS 8. The test subject shall conduct a user
seal check, either the negative and positive
A. Fit Testing Procedures—General
pressure seal checks described in appendix
Requirements
B–1 of this section or those recommended by
The employer shall conduct fit testing the respirator manufacturer which provide
using the following procedures. The require- equivalent protection to the procedures in
ments in this appendix apply to all OSHA-ac- appendix B–1. Before conducting the negative
cepted fit test methods, both QLFT and and positive pressure checks, the subject
QNFT. shall be told to seat the mask on the face by
1. The test subject shall be allowed to pick moving the head from side-to-side and up
the most acceptable respirator from a suffi- and down slowly while taking in a few slow
cient number of respirator models and sizes deep breaths. Another facepiece shall be se-
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
450
a respirator while performing her or his du- into many beautiful colors. These take the
ties. shape of a long round arch, with its path
11. If the employee finds the fit of the res- high above, and its two ends apparently be-
pirator unacceptable, the test subject shall yond the horizon. There is, according to leg-
be given the opportunity to select a different end, a boiling pot of gold at one end. People
respirator and to be retested. look, but no one ever finds it. When a man
12. Exercise regimen. Prior to the com- looks for something beyond reach, his
mencement of the fit test, the test subject friends say he is looking for the pot of gold
shall be given a description of the fit test at the end of the rainbow.
and the test subject’s responsibilities during (6) Grimace. The test subject shall grimace
the test procedure. The description of the by smiling or frowning. (This applies only to
process shall include a description of the test QNFT testing; it is not performed for QLFT)
exercises that the subject will be performing. (7) Bending over. The test subject shall
The respirator to be tested shall be worn for bend at the waist as if he/she were to touch
at least 5 minutes before the start of the fit his/her toes. Jogging in place shall be sub-
test. stituted for this exercise in those test envi-
13. The fit test shall be performed while ronments such as shroud type QNFT or
the test subject is wearing any applicable QLFT units that do not permit bending over
safety equipment that may be worn during at the waist.
actual respirator use which could interfere (8) Normal breathing. Same as exercise (1).
with respirator fit. (b) Each test exercise shall be performed
14. Test Exercises. (a) Employers must per- for one minute except for the grimace exer-
form the following test exercises for all fit cise which shall be performed for 15 seconds.
testing methods prescribed in this appendix, The test subject shall be questioned by the
except for the CNP quantitative fit testing test conductor regarding the comfort of the
protocol and the CNP REDON quantitative respirator upon completion of the protocol.
fit testing protocol. For these two protocols, If it has become unacceptable, another
employers must ensure that the test subjects model of respirator shall be tried. The res-
(i.e., employees) perform the exercise proce- pirator shall not be adjusted once the fit test
dure specified in part I.C.4(b) of this appen- exercises begin. Any adjustment voids the
dix for the CNP quantitative fit testing pro- test, and the fit test must be repeated.
tocol, or the exercise procedure described in
part I.C.5(b) of this appendix for the CNP B. Qualitative Fit Test (QLFT) Protocols
REDON quantitative fit-testing protocol.
For the remaining fit testing methods, em- 1. General
ployers must ensure that employees perform (a) The employer shall ensure that persons
the test exercises in the appropriate test en- administering QLFT are able to prepare test
vironment in the following manner: solutions, calibrate equipment and perform
(1) Normal breathing. In a normal standing
tests properly, recognize invalid tests, and
position, without talking, the subject shall
ensure that test equipment is in proper
breathe normally.
working order.
(2) Deep breathing. In a normal standing
(b) The employer shall ensure that QLFT
position, the subject shall breathe slowly
equipment is kept clean and well maintained
and deeply, taking caution so as not to
so as to operate within the parameters for
hyperventilate.
which it was designed.
(3) Turning head side to side. Standing in
place, the subject shall slowly turn his/her 2. Isoamyl Acetate Protocol
head from side to side between the extreme
positions on each side. The head shall be held NOTE: This protocol is not appropriate to
at each extreme momentarily so the subject use for the fit testing of particulate res-
can inhale at each side. pirators. If used to fit test particulate res-
(4) Moving head up and down. Standing in pirators, the respirator must be equipped
place, the subject shall slowly move his/her with an organic vapor filter.
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
451
lid and shaking for 30 seconds. A new solu- shall be separate from the room used for
tion shall be prepared at least weekly. odor threshold screening and respirator se-
(4) The screening test shall be conducted in lection, and shall be well-ventilated, as by an
a room separate from the room used for ac- exhaust fan or lab hood, to prevent general
tual fit testing. The two rooms shall be well- room contamination.
ventilated to prevent the odor of IAA from (4) A copy of the test exercises and any
becoming evident in the general room air prepared text from which the subject is to
where testing takes place. read shall be taped to the inside of the test
(5) The odor test solution is prepared in a chamber.
second jar by placing 0.4 ml of the stock so- (5) Upon entering the test chamber, the
lution into 500 ml of odor-free water using a test subject shall be given a 6-inch by 5-inch
clean dropper or pipette. The solution shall piece of paper towel, or other porous, absorb-
be shaken for 30 seconds and allowed to ent, single-ply material, folded in half and
stand for two to three minutes so that the wetted with 0.75 ml of pure IAA. The test
IAA concentration above the liquid may subject shall hang the wet towel on the hook
reach equilibrium. This solution shall be at the top of the chamber. An IAA test swab
used for only one day. or ampule may be substituted for the IAA
(6) A test blank shall be prepared in a third wetted paper towel provided it has been dem-
jar by adding 500 cc of odor-free water. onstrated that the alternative IAA source
(7) The odor test and test blank jar lids will generate an IAA test atmosphere with a
shall be labeled (e.g., 1 and 2) for jar identi- concentration equivalent to that generated
fication. Labels shall be placed on the lids so by the paper towel method.
that they can be peeled off periodically and (6) Allow two minutes for the IAA test con-
switched to maintain the integrity of the centration to stabilize before starting the fit
test. test exercises. This would be an appropriate
(8) The following instruction shall be typed time to talk with the test subject; to explain
on a card and placed on the table in front of the fit test, the importance of his/her co-
the two test jars (i.e., 1 and 2): ‘‘The purpose operation, and the purpose for the test exer-
of this test is to determine if you can smell cises; or to demonstrate some of the exer-
banana oil at a low concentration. The two cises.
bottles in front of you contain water. One of (7) If at any time during the test, the sub-
these bottles also contains a small amount ject detects the banana-like odor of IAA, the
of banana oil. Be sure the covers are on test is failed. The subject shall quickly exit
tight, then shake each bottle for two sec- from the test chamber and leave the test
onds. Unscrew the lid of each bottle, one at area to avoid olfactory fatigue.
a time, and sniff at the mouth of the bottle. (8) If the test is failed, the subject shall re-
Indicate to the test conductor which bottle turn to the selection room and remove the
contains banana oil.’’ respirator. The test subject shall repeat the
(9) The mixtures used in the IAA odor de- odor sensitivity test, select and put on an-
tection test shall be prepared in an area sep- other respirator, return to the test area and
arate from where the test is performed, in again begin the fit test procedure described
order to prevent olfactory fatigue in the sub- in (b) (1) through (7) above. The process con-
ject. tinues until a respirator that fits well has
(10) If the test subject is unable to cor- been found. Should the odor sensitivity test
rectly identify the jar containing the odor be failed, the subject shall wait at least 5
test solution, the IAA qualitative fit test minutes before retesting. Odor sensitivity
shall not be performed. will usually have returned by this time.
(11) If the test subject correctly identifies (9) If the subject passes the test, the effi-
the jar containing the odor test solution, the ciency of the test procedure shall be dem-
test subject may proceed to respirator selec- onstrated by having the subject break the
tion and fit testing. respirator face seal and take a breath before
(b) Isoamyl Acetate Fit Test exiting the chamber.
(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
3. Saccharin Solution Aerosol Protocol
fit testing shall be equipped with organic
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
452
without wearing a respirator, is intended to (10) The test conductor will take note of
determine whether the individual being test- the number of squeezes required to solicit a
ed can detect the taste of saccharin. taste response.
(1) During threshold screening as well as (11) If the saccharin is not tasted after 30
during fit testing, subjects shall wear an en- squeezes (step 10), the test subject is unable
closure about the head and shoulders that is to taste saccharin and may not perform the
approximately 12 inches in diameter by 14 saccharin fit test.
inches tall with at least the front portion
NOTE TO PARAGRAPH 3(a): If the test subject
clear and that allows free movements of the
eats or drinks something sweet before the
head when a respirator is worn. An enclosure
screening test, he/she may be unable to taste
substantially similar to the 3M hood assem-
the weak saccharin solution.
bly, parts # FT 14 and # FT 15 combined, is
adequate. (12) If a taste response is elicited, the test
(2) The test enclosure shall have a 3⁄4-inch subject shall be asked to take note of the
(1.9 cm) hole in front of the test subject’s taste for reference in the fit test.
nose and mouth area to accommodate the (13) Correct use of the nebulizer means
nebulizer nozzle. that approximately 1 ml of liquid is used at
(3) The test subject shall don the test en- a time in the nebulizer body.
closure. Throughout the threshold screening (14) The nebulizer shall be thoroughly
test, the test subject shall breathe through rinsed in water, shaken dry, and refilled at
his/her slightly open mouth with tongue ex- least each morning and afternoon or at least
tended. The subject is instructed to report every four hours.
when he/she detects a sweet taste. (b) Saccharin solution aerosol fit test pro-
(4) Using a DeVilbiss Model 40 Inhalation cedure.
Medication Nebulizer or equivalent, the test (1) The test subject may not eat, drink (ex-
conductor shall spray the threshold check cept plain water), smoke, or chew gum for 15
solution into the enclosure. The nozzle is di- minutes before the test.
rected away from the nose and mouth of the (2) The fit test uses the same enclosure de-
person. This nebulizer shall be clearly scribed in 3. (a) above.
marked to distinguish it from the fit test so-
(3) The test subject shall don the enclosure
lution nebulizer.
while wearing the respirator selected in sec-
(5) The threshold check solution is pre-
tion I. A. of this appendix. The respirator
pared by dissolving 0.83 gram of sodium sac-
shall be properly adjusted and equipped with
charin USP in 100 ml of warm water. It can
a particulate filter(s).
be prepared by putting 1 ml of the fit test so-
lution (see (b)(5) below) in 100 ml of distilled (4) A second DeVilbiss Model 40 Inhalation
water. Medication Nebulizer or equivalent is used
(6) To produce the aerosol, the nebulizer to spray the fit test solution into the enclo-
bulb is firmly squeezed so that it collapses sure. This nebulizer shall be clearly marked
completely, then released and allowed to to distinguish it from the screening test so-
fully expand. lution nebulizer.
(7) Ten squeezes are repeated rapidly and (5) The fit test solution is prepared by add-
then the test subject is asked whether the ing 83 grams of sodium saccharin to 100 ml of
saccharin can be tasted. If the test subject warm water.
reports tasting the sweet taste during the (6) As before, the test subject shall breathe
ten squeezes, the screening test is completed. through the slightly open mouth with tongue
The taste threshold is noted as ten regard- extended, and report if he/she tastes the
less of the number of squeezes actually com- sweet taste of saccharin.
pleted. (7) The nebulizer is inserted into the hole
(8) If the first response is negative, ten in the front of the enclosure and an initial
more squeezes are repeated rapidly and the concentration of saccharin fit test solution
test subject is again asked whether the sac- is sprayed into the enclosure using the same
charin is tasted. If the test subject reports number of squeezes (either 10, 20 or 30 squeez-
tasting the sweet taste during the second ten es) based on the number of squeezes required
squeezes, the screening test is completed. to elicit a taste response as noted during the
The taste threshold is noted as twenty re- screening test. A minimum of 10 squeezes is
gardless of the number of squeezes actually required.
completed. (8) After generating the aerosol, the test
(9) If the second response is negative, ten subject shall be instructed to perform the ex-
more squeezes are repeated rapidly and the ercises in section I. A. 14. of this appendix.
test subject is again asked whether the sac- (9) Every 30 seconds the aerosol concentra-
charin is tasted. If the test subject reports tion shall be replenished using one half the
tasting the sweet taste during the third set original number of squeezes used initially
of ten squeezes, the screening test is com- (e.g., 5, 10 or 15).
pleted. The taste threshold is noted as thirty (10) The test subject shall indicate to the
regardless of the number of squeezes actually test conductor if at any time during the fit
completed. test the taste of saccharin is detected. If the
453
test subject does not report tasting the sac- lapses completely, and is then released and
charin, the test is passed. allowed to fully expand.
(11) If the taste of saccharin is detected, (7) An initial ten squeezes are repeated rap-
the fit is deemed unsatisfactory and the test idly and then the test subject is asked
is failed. A different respirator shall be tried whether the Bitrex can be tasted. If the test
and the entire test procedure is repeated subject reports tasting the bitter taste dur-
(taste threshold screening and fit testing). ing the ten squeezes, the screening test is
(12) Since the nebulizer has a tendency to completed. The taste threshold is noted as
clog during use, the test operator must make ten regardless of the number of squeezes ac-
periodic checks of the nebulizer to ensure tually completed.
that it is not clogged. If clogging is found at (8) If the first response is negative, ten
the end of the test session, the test is in- more squeezes are repeated rapidly and the
valid. test subject is again asked whether the
Bitrex is tasted. If the test subject reports
4. Bitrex TM (Denatonium Benzoate) Solution
tasting the bitter taste during the second
Aerosol Qualitative Fit Test Protocol
ten squeezes, the screening test is completed.
The Bitrex TM (Denatonium benzoate) solu- The taste threshold is noted as twenty re-
tion aerosol QLFT protocol uses the pub- gardless of the number of squeezes actually
lished saccharin test protocol because that completed.
protocol is widely accepted. Bitrex is rou- (9) If the second response is negative, ten
tinely used as a taste aversion agent in more squeezes are repeated rapidly and the
household liquids which children should not test subject is again asked whether the
be drinking and is endorsed by the American Bitrex is tasted. If the test subject reports
Medical Association, the National Safety tasting the bitter taste during the third set
Council, and the American Association of of ten squeezes, the screening test is com-
Poison Control Centers. The entire screening pleted. The taste threshold is noted as thirty
and testing procedure shall be explained to regardless of the number of squeezes actually
the test subject prior to the conduct of the completed.
screening test. (10) The test conductor will take note of
(a) Taste Threshold Screening. the number of squeezes required to solicit a
The Bitrex taste threshold screening, per- taste response.
formed without wearing a respirator, is in- (11) If the Bitrex is not tasted after 30
tended to determine whether the individual squeezes (step 10), the test subject is unable
being tested can detect the taste of Bitrex. to taste Bitrex and may not perform the
(1) During threshold screening as well as Bitrex fit test.
during fit testing, subjects shall wear an en-
(12) If a taste response is elicited, the test
closure about the head and shoulders that is
subject shall be asked to take note of the
approximately 12 inches (30.5 cm) in diame-
taste for reference in the fit test.
ter by 14 inches (35.6 cm) tall. The front por-
(13) Correct use of the nebulizer means
tion of the enclosure shall be clear from the
that approximately 1 ml of liquid is used at
respirator and allow free movement of the
a time in the nebulizer body.
head when a respirator is worn. An enclosure
substantially similar to the 3M hood assem- (14) The nebulizer shall be thoroughly
bly, parts # FT 14 and # FT 15 combined, is rinsed in water, shaken to dry, and refilled
adequate. at least each morning and afternoon or at
(2) The test enclosure shall have a 3⁄4 inch least every four hours.
(1.9 cm) hole in front of the test subject’s (b) Bitrex Solution Aerosol Fit Test Proce-
nose and mouth area to accommodate the dure.
nebulizer nozzle. (1) The test subject may not eat, drink (ex-
(3) The test subject shall don the test en- cept plain water), smoke, or chew gum for 15
closure. Throughout the threshold screening minutes before the test.
test, the test subject shall breathe through (2) The fit test uses the same enclosure as
his or her slightly open mouth with tongue that described in 4. (a) above.
extended. The subject is instructed to report (3) The test subject shall don the enclosure
when he/she detects a bitter taste. while wearing the respirator selected accord-
(4) Using a DeVilbiss Model 40 Inhalation ing to section I. A. of this appendix. The res-
Medication Nebulizer or equivalent, the test pirator shall be properly adjusted and
conductor shall spray the Threshold Check equipped with any type particulate filter(s).
Solution into the enclosure. This Nebulizer (4) A second DeVilbiss Model 40 Inhalation
shall be clearly marked to distinguish it Medication Nebulizer or equivalent is used
from the fit test solution nebulizer. to spray the fit test solution into the enclo-
(5) The Threshold Check Solution is pre- sure. This nebulizer shall be clearly marked
pared by adding 13.5 milligrams of Bitrex to to distinguish it from the screening test so-
100 ml of 5% salt (NaCl) solution in distilled lution nebulizer.
water. (5) The fit test solution is prepared by add-

(6) To produce the aerosol, the nebulizer ing 337.5 mg of Bitrex to 200 ml of a 5% salt
bulb is firmly squeezed so that the bulb col- (NaCl) solution in warm water.
454
(6) As before, the test subject shall breathe (1) The test operator shall break both ends
through his or her slightly open mouth with of a ventilation smoke tube containing
tongue extended, and be instructed to report stannic chloride, and attach one end of the
if he/she tastes the bitter taste of Bitrex. smoke tube to a low flow air pump set to de-
(7) The nebulizer is inserted into the hole liver 200 milliliters per minute, or an aspi-
in the front of the enclosure and an initial rator squeeze bulb. The test operator shall
concentration of the fit test solution is cover the other end of the smoke tube with
sprayed into the enclosure using the same a short piece of tubing to prevent potential
number of squeezes (either 10, 20 or 30 squeez- injury from the jagged end of the smoke
es) based on the number of squeezes required tube.
to elicit a taste response as noted during the (2) The test operator shall advise the test
screening test. subject that the smoke can be irritating to
(8) After generating the aerosol, the test the eyes, lungs, and nasal passages and in-
subject shall be instructed to perform the ex- struct the subject to keep his/her eyes closed
ercises in section I. A. 14. of this appendix. while the test is performed.
(9) Every 30 seconds the aerosol concentra- (3) The test subject shall be allowed to
tion shall be replenished using one half the smell a weak concentration of the irritant
number of squeezes used initially (e.g., 5, 10 smoke before the respirator is donned to be-
or 15). come familiar with its irritating properties
(10) The test subject shall indicate to the and to determine if he/she can detect the ir-
test conductor if at any time during the fit ritating properties of the smoke. The test
test the taste of Bitrex is detected. If the operator shall carefully direct a small
test subject does not report tasting the amount of the irritant smoke in the test sub-
Bitrex, the test is passed. ject’s direction to determine that he/she can
(11) If the taste of Bitrex is detected, the detect it.
fit is deemed unsatisfactory and the test is (c) Irritant Smoke Fit Test Procedure
failed. A different respirator shall be tried (1) The person being fit tested shall don the
and the entire test procedure is repeated respirator without assistance, and perform
(taste threshold screening and fit testing). the required user seal check(s).
(2) The test subject shall be instructed to
5. Irritant Smoke (Stannic Chloride) keep his/her eyes closed.
Protocol (3) The test operator shall direct the
This qualitative fit test uses a person’s re- stream of irritant smoke from the smoke
sponse to the irritating chemicals released tube toward the faceseal area of the test sub-
in the ‘‘smoke’’ produced by a stannic chlo- ject, using the low flow pump or the squeeze
ride ventilation smoke tube to detect leak- bulb. The test operator shall begin at least 12
age into the respirator. inches from the facepiece and move the
(a) General Requirements and Precautions smoke stream around the whole perimeter of
(1) The respirator to be tested shall be the mask. The operator shall gradually make
equipped with high efficiency particulate air two more passes around the perimeter of the
(HEPA) or P100 series filter(s). mask, moving to within six inches of the res-
(2) Only stannic chloride smoke tubes shall pirator.
be used for this protocol. (4) If the person being tested has not had
(3) No form of test enclosure or hood for an involuntary response and/or detected the
the test subject shall be used. irritant smoke, proceed with the test exer-
(4) The smoke can be irritating to the eyes, cises.
lungs, and nasal passages. The test con- (5) The exercises identified in section I.A.
ductor shall take precautions to minimize 14. of this appendix shall be performed by the
the test subject’s exposure to irritant smoke. test subject while the respirator seal is being
Sensitivity varies, and certain individuals continually challenged by the smoke, di-
may respond to a greater degree to irritant rected around the perimeter of the respirator
smoke. Care shall be taken when performing at a distance of six inches.
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.
455
(8) If a response is produced during this respirator for each exercise may be used pro-
second sensitivity check, then the fit test is vided a record of the readings is made.
passed. (5) The combination of substitute air-puri-
fying elements, test agent and test agent
C. Quantitative Fit Test (QNFT) Protocols concentration shall be such that the test
The following quantitative fit testing pro- subject is not exposed in excess of an estab-
cedures have been demonstrated to be ac- lished exposure limit for the test agent at
ceptable: Quantitative fit testing using a any time during the testing process, based
non-hazardous test aerosol (such as corn oil, upon the length of the exposure and the ex-
polyethylene glycol 400 [PEG 400], di-2-ethyl posure limit duration.
hexyl sebacate [DEHS], or sodium chloride) (6) The sampling port on the test specimen
generated in a test chamber, and employing respirator shall be placed and constructed so
instrumentation to quantify the fit of the that no leakage occurs around the port (e.g.,
respirator; Quantitative fit testing using am- where the respirator is probed), a free air
bient aerosol as the test agent and appro- flow is allowed into the sampling line at all
priate instrumentation (condensation nuclei times, and there is no interference with the
counter) to quantify the respirator fit; Quan- fit or performance of the respirator. The in-
titative fit testing using controlled negative mask sampling device (probe) shall be de-
pressure and appropriate instrumentation to signed and used so that the air sample is
measure the volumetric leak rate of a face- drawn from the breathing zone of the test
piece to quantify the respirator fit. subject, midway between the nose and mouth
and with the probe extending into the face-
1. General piece cavity at least 1⁄4 inch.
(7) The test setup shall permit the person
(a) The employer shall ensure that persons administering the test to observe the test
administering QNFT are able to calibrate subject inside the chamber during the test.
equipment and perform tests properly, recog- (8) The equipment generating the test at-
nize invalid tests, calculate fit factors prop- mosphere shall maintain the concentration
erly and ensure that test equipment is in of test agent constant to within a 10 percent
proper working order. variation for the duration of the test.
(b) The employer shall ensure that QNFT (9) The time lag (interval between an event
equipment is kept clean, and is maintained and the recording of the event on the strip
and calibrated according to the manufactur- chart or computer or integrator) shall be
er’s instructions so as to operate at the pa- kept to a minimum. There shall be a clear
rameters for which it was designed. association between the occurrence of an
2. Generated Aerosol Quantitative Fit event and its being recorded.
(10) The sampling line tubing for the test
Testing Protocol
chamber atmosphere and for the respirator
(a) Apparatus. sampling port shall be of equal diameter and
(1) Instrumentation. Aerosol generation, of the same material. The length of the two
dilution, and measurement systems using lines shall be equal.
particulates (corn oil, polyethylene glycol (11) The exhaust flow from the test cham-
400 [PEG 400], di-2-ethyl hexyl sebacate ber shall pass through an appropriate filter
[DEHS] or sodium chloride) as test aerosols (i.e., high efficiency particulate filter) before
shall be used for quantitative fit testing. release.
(2) Test chamber. The test chamber shall (12) When sodium chloride aerosol is used,
be large enough to permit all test subjects to the relative humidity inside the test cham-
perform freely all required exercises without ber shall not exceed 50 percent.
disturbing the test agent concentration or (13) The limitations of instrument detec-
the measurement apparatus. The test cham- tion shall be taken into account when deter-
ber shall be equipped and constructed so that mining the fit factor.
the test agent is effectively isolated from (14) Test respirators shall be maintained in
the ambient air, yet uniform in concentra- proper working order and be inspected regu-
tion throughout the chamber. larly for deficiencies such as cracks or miss-
(3) When testing air-purifying respirators, ing valves and gaskets.
the normal filter or cartridge element shall (b) Procedural Requirements.
be replaced with a high efficiency particu- (1) When performing the initial user seal
late air (HEPA) or P100 series filter supplied check using a positive or negative pressure
by the same manufacturer. check, the sampling line shall be crimped
(4) The sampling instrument shall be se- closed in order to avoid air pressure leakage
lected so that a computer record or strip during either of these pressure checks.
chart record may be made of the test show- (2) The use of an abbreviated screening
ing the rise and fall of the test agent con- QLFT test is optional. Such a test may be
centration with each inspiration and expira- utilized in order to quickly identify poor fit-
tion at fit factors of at least 2,000. Integra- ting respirators that passed the positive and/
tors or computers that integrate the amount or negative pressure test and reduce the
of test agent penetration leakage into the amount of QNFT time. The use of the CNC
456
QNFT instrument in the count mode is an- erage of the concentration measured before
other optional method to obtain a quick esti- and after each test (i.e., 7 exercises) or the
mate of fit and eliminate poor fitting res- arithmetic average of the concentration
pirators before going on to perform a full measured before and after each exercise or
QNFT. the true average measured continuously dur-
(3) A reasonably stable test agent con- ing the respirator sample.
centration shall be measured in the test (iii) The concentration of the challenge
chamber prior to testing. For canopy or agent inside the respirator shall be deter-
shower curtain types of test units, the deter-
mined by one of the following methods:
mination of the test agent’s stability may be
established after the test subject has entered (A) Average peak penetration method
the test environment. means the method of determining test agent
(4) Immediately after the subject enters penetration into the respirator utilizing a
the test chamber, the test agent concentra- strip chart recorder, integrator, or com-
tion inside the respirator shall be measured puter. The agent penetration is determined
to ensure that the peak penetration does not by an average of the peak heights on the
exceed 5 percent for a half mask or 1 percent graph or by computer integration, for each
for a full facepiece respirator. exercise except the grimace exercise. Inte-
(5) A stable test agent concentration shall grators or computers that calculate the ac-
be obtained prior to the actual start of test- tual test agent penetration into the res-
ing. pirator for each exercise will also be consid-
(6) Respirator restraining straps shall not ered to meet the requirements of the average
be over-tightened for testing. The straps peak penetration method.
shall be adjusted by the wearer without as- (B) Maximum peak penetration method
sistance from other persons to give a reason- means the method of determining test agent
ably comfortable fit typical of normal use. penetration in the respirator as determined
The respirator shall not be adjusted once the by strip chart recordings of the test. The
fit test exercises begin. highest peak penetration for a given exercise
(7) The test shall be terminated whenever
is taken to be representative of average pen-
any single peak penetration exceeds 5 per-
etration into the respirator for that exercise.
cent for half masks and 1 percent for full
facepiece respirators. The test subject shall (C) Integration by calculation of the area
be refitted and retested. under the individual peak for each exercise
(8) Calculation of fit factors. except the grimace exercise. This includes
(i) The fit factor shall be determined for computerized integration.
the quantitative fit test by taking the ratio (D) The calculation of the overall fit factor
of the average chamber concentration to the using individual exercise fit factors involves
concentration measured inside the respirator first converting the exercise fit factors to
for each test exercise except the grimace ex- penetration values, determining the average,
ercise. and then converting that result back to a fit
(ii) The average test chamber concentra- factor. This procedure is described in the fol-
tion shall be calculated as the arithmetic av- 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 3. Ambient aerosol condensation nuclei
exercises 1, 2, 3, etc. counter (CNC) quantitative fit testing pro-
(9) The test subject shall not be permitted tocol.
to wear a half mask or quarter facepiece res- The ambient aerosol condensation nuclei
pirator unless a minimum fit factor of 100 is counter (CNC) quantitative fit testing
obtained, or a full facepiece respirator unless (Portacount TM) protocol quantitatively fit
a minimum fit factor of 500 is obtained. tests respirators with the use of a probe. The
(10) Filters used for quantitative fit testing probed respirator is only used for quan-
shall be replaced whenever increased breath- titative fit tests. A probed respirator has a
ing resistance is encountered, or when the special sampling device, installed on the res-
pirator, that allows the probe to sample the
test agent has altered the integrity of the
air from inside the mask. A probed res-
filter media.
pirator is required for each make, style,
model, and size that the employer uses and

can be obtained from the respirator manu-
facturer or distributor. The CNC instrument
457
ER08JA98.006</GPH>
manufacturer, TSI Inc., also provides probe imum respirator performance in this Appen-
attachments (TSI sampling adapters) that dix.
permit fit testing in an employee’s own res- (3) A record of the test needs to be kept on
pirator. A minimum fit factor pass level of file, assuming the fit test was successful.
at least 100 is necessary for a half-mask res- The record must contain the test subject’s
pirator and a minimum fit factor pass level name; overall fit factor; make, model, style,
of at least 500 is required for a full facepiece and size of respirator used; and date tested.
negative pressure respirator. The entire
screening and testing procedure shall be ex- 4. Controlled negative pressure (CNP)
plained to the test subject prior to the con- quantitative fit testing protocol.
duct of the screening test. The CNP protocol provides an alternative
(a) Portacount Fit Test Requirements. (1) to aerosol fit test methods. The CNP fit test
Check the respirator to make sure the sam- method technology is based on exhausting
pling probe and line are properly attached to air from a temporarily sealed respirator
the facepiece and that the respirator is fitted facepiece to generate and then maintain a
with a particulate filter capable of pre- constant negative pressure inside the face-
venting significant penetration by the ambi- piece. The rate of air exhaust is controlled so
ent particles used for the fit test (e.g., that a constant negative pressure is main-
NIOSH 42 CFR 84 series 100, series 99, or se- tained in the respirator during the fit test.
ries 95 particulate filter) per manufacturer’s The level of pressure is selected to replicate
instruction. the mean inspiratory pressure that causes
(2) Instruct the person to be tested to don leakage into the respirator under normal use
the respirator for five minutes before the fit conditions. With pressure held constant, air
test starts. This purges the ambient par- flow out of the respirator is equal to air flow
ticles trapped inside the respirator and per- into the respirator. Therefore, measurement
mits the wearer to make certain the res- of the exhaust stream that is required to
pirator is comfortable. This individual shall hold the pressure in the temporarily sealed
already have been trained on how to wear respirator constant yields a direct measure
the respirator properly. of leakage air flow into the respirator. The
(3) Check the following conditions for the CNP fit test method measures leak rates
adequacy of the respirator fit: Chin properly through the facepiece as a method for deter-
placed; Adequate strap tension, not overly mining the facepiece fit for negative pres-
tightened; Fit across nose bridge; Respirator sure respirators. The CNP instrument manu-
of proper size to span distance from nose to facturer Occupational Health Dynamics of
chin; Tendency of the respirator to slip; Self- Birmingham, Alabama also provides attach-
observation in a mirror to evaluate fit and ments (sampling manifolds) that replace the
respirator position. filter cartridges to permit fit testing in an
(4) Have the person wearing the respirator employee’s own respirator. To perform the
do a user seal check. If leakage is detected, test, the test subject closes his or her mouth
determine the cause. If leakage is from a and holds his/her breath, after which an air
poorly fitting facepiece, try another size of pump removes air from the respirator face-
the same model respirator, or another model piece at a pre-selected constant pressure.
of respirator. The facepiece fit is expressed as the leak
(5) Follow the manufacturer’s instructions rate through the facepiece, expressed as mil-
for operating the Portacount and proceed liliters per minute. The quality and validity
with the test. of the CNP fit tests are determined by the
(6) The test subject shall be instructed to degree to which the in-mask pressure tracks
perform the exercises in section I. A. 14. of the test pressure during the system measure-
this appendix. ment time of approximately five seconds. In-
(7) After the test exercises, the test subject stantaneous feedback in the form of a real-
shall be questioned by the test conductor re- time pressure trace of the in-mask pressure
garding the comfort of the respirator upon is provided and used to determine test valid-
completion of the protocol. If it has become ity and quality. A minimum fit factor pass
unacceptable, another model of respirator level of 100 is necessary for a half-mask res-
shall be tried. pirator and a minimum fit factor of at least
(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.
458
NOTE: CNP systems have built-in capa- subject shall hold his or her head full down
bility to conduct fit testing that is specific and hold his or her breath for 10 seconds dur-
to unique work rate, mask, and gender situa- ing test measurement.
tions that might apply in a specific work- (5) Talking. The subject shall talk out loud
place. Use of system default values, which slowly and loud enough so as to be heard
were selected to represent respirator wear clearly by the test conductor. The subject
with medium cartridge resistance at a low- can read from a prepared text such as the
moderate work rate, will allow inter-test Rainbow Passage, count backward from 100,
comparison of the respirator fit.) or recite a memorized poem or song for 1
(3) The individual who conducts the CNP minute. After the talking exercise, the sub-
fit testing shall be thoroughly trained to ject shall hold his or her head straight ahead
perform the test. and hold his or her breath for 10 seconds dur-
(4) The respirator filter or cartridge needs ing the test measurement.
to be replaced with the CNP test manifold. (6) Grimace. The test subject shall grimace
The inhalation valve downstream from the by smiling or frowning for 15 seconds.
manifold either needs to be temporarily re- (7) Bending Over. The test subject shall
moved or propped open. bend at the waist as if he or she were to
(5) The employer must train the test sub- touch his or her toes for 1 minute. Jogging in
ject to hold his or her breath for at least 10 place shall be substituted for this exercise in
seconds. those test environments such as shroud-type
(6) The test subject must don the test res- QNFT units that prohibit bending at the
pirator without any assistance from the test waist. After the bending over exercise, the
administrator who is conducting the CNP fit subject shall hold his or her head straight
test. The respirator must not be adjusted ahead and hold his or her breath for 10 sec-
once the fit-test exercises begin. Any adjust- onds during the test measurement.
ment voids the test, and the test subject (8) Normal Breathing. The test subject
must repeat the fit test. shall remove and re-don the respirator with-
(7) The QNFT protocol shall be followed ac- in a one-minute period. Then, in a normal
cording to section I. C. 1. of this appendix standing position, without talking, the sub-
with an exception for the CNP test exercises. ject shall breathe normally for 1 minute.
(b) CNP Test Exercises. After the normal breathing exercise, the sub-
(1) Normal breathing. In a normal standing ject shall hold his or her head straight ahead
position, without talking, the subject shall and hold his or her breath for 10 seconds dur-
breathe normally for 1 minute. After the ing the test measurement. After the test ex-
normal breathing exercise, the subject needs ercises, the test subject shall be questioned
to hold head straight ahead and hold his or by the test conductor regarding the comfort
her breath for 10 seconds during the test of the respirator upon completion of the pro-
measurement. tocol. If it has become unacceptable, another
(2) Deep breathing. In a normal standing model of a respirator shall be tried.
position, the subject shall breathe slowly (c) CNP Test Instrument.
and deeply for 1 minute, being careful not to (1) The test instrument must have an effec-
hyperventilate. After the deep breathing ex- tive audio-warning device, or a visual-warn-
ercise, the subject shall hold his or her head ing device in the form of a screen tracing,
straight ahead and hold his or her breath for that indicates when the test subject fails to
10 seconds during test measurement. hold his or her breath during the test. The
(3)Turning head side to side. Standing in test must be terminated and restarted from
place, the subject shall slowly turn his or her the beginning when the test subject fails to
head from side to side between the extreme hold his or her breath during the test. The
positions on each side for 1 minute. The head test subject then may be refitted and re-
shall be held at each extreme momentarily tested.
so the subject can inhale at each side. After (2) A record of the test shall be kept on
the turning head side to side exercise, the file, assuming the fit test was successful.
subject needs to hold head full left and hold The record must contain the test subject’s
his or her breath for 10 seconds during test name; overall fit factor; make, model, style
measurement. Next, the subject needs to and size of respirator used; and date tested.
hold head full right and hold his or her 5. Controlled negative pressure (CNP)
breath for 10 seconds during test measure- REDON quantitative fit testing protocol.
ment. (a) When administering this protocol to
(4) Moving head up and down. Standing in test subjects, employers must comply with
place, the subject shall slowly move his or the requirements specified in paragraphs (a)
her head up and down for 1 minute. The sub- and (c) of part I.C.4 of this appendix (‘‘Con-
ject shall be instructed to inhale in the up trolled negative pressure (CNP) quantitative
position (i.e., when looking toward the ceil- fit testing protocol’’), as well as use the test
ing). After the moving head up and down ex- exercises described below in paragraph (b) of
ercise, the subject shall hold his or her head this protocol instead of the test exercises
full up and hold his or her breath for 10 sec- specified in paragraph (b) of part I.C.4 of this
onds during test measurement. Next, the appendix.
459
(b) Employers must ensure that each test dures, including the order of administration,
subject being fit tested using this protocol described below in Table A–1 of this appen-
follows the exercise and measurement proce- dix.
TABLE A–1—CNP REDON QUANTITATIVE FIT TESTING PROTOCOL
Exercises 1 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 scribing the protocol and explaining how test
test administrator must question each test data support the protocol’s accuracy and re-
subject regarding the comfort of the res- liability.
pirator. When a test subject states that the C. If OSHA determines that additional in-
respirator is unacceptable, the employer formation is required before the Agency
must ensure that the test administrator re- commences a rulemaking proceeding under
peats the protocol using another respirator this section, OSHA will so notify the appli-
model. cant and afford the applicant the oppor-
(d) Employers must determine the overall tunity to submit the supplemental informa-
fit factor for each test subject by calculating tion. Initiation of a rulemaking proceeding
the harmonic mean of the fit testing exer- will be deferred until OSHA has received and
cises as follows: evaluated the supplemental information.
N APPENDIX B–1 TO § 1910.134: USER SEAL CHECK
Overall Fit Factor =
[1/FF1 + 1/FF2 + ... 1/FFN ] PROCEDURES (MANDATORY)
Where: The individual who uses a tight-fitting res-

pirator is to perform a user seal check to en-
N = The number of exercises;
sure that an adequate seal is achieved each
FF1 = The fit factor for the first exercise;
time the respirator is put on. Either the
FF2 = The fit factor for the second exercise;
positive and negative pressure checks listed
and
in this appendix, or the respirator manufac-
FFN = The fit factor for the nth exercise.
turer’s recommended user seal check method
PART II. NEW FIT TEST PROTOCOLS shall be used. User seal checks are not sub-
stitutes for qualitative or quantitative fit
A. Any person may submit to OSHA an ap- tests.
plication for approval of a new fit test pro-
tocol. If the application meets the following I. Facepiece Positive and/or Negative Pressure
criteria, OSHA will initiate a rulemaking Checks
proceeding under section 6(b)(7) of the OSH
Act to determine whether to list the new A. Positive pressure check. Close off the ex-
protocol as an approved protocol in this ap- halation valve and exhale gently into the
pendix A. facepiece. The face fit is considered satisfac-
B. The application must include a detailed tory if a slight positive pressure can be built
description of the proposed new fit test pro- up inside the facepiece without any evidence
tocol. This application must be supported by of outward leakage of air at the seal. For
either: most respirators this method of leak testing
1. A test report prepared by an independent requires the wearer to first remove the exha-
government research laboratory (e.g., Law- lation valve cover before closing off the ex-
rence Livermore National Laboratory, Los halation valve and then carefully replacing
Alamos National Laboratory, the National it after the test.
Institute for Standards and Technology) B. Negative pressure check. Close off the
stating that the laboratory has tested the inlet opening of the canister or cartridge(s)
protocol and had found it to be accurate and by covering with the palm of the hand(s) or
reliable; or by replacing the filter seal(s), inhale gently

2. An article that has been published in a so that the facepiece collapses slightly, and
peer-reviewed industrial hygiene journal de- hold the breath for ten seconds. The design
460
ER04AU04.001</MATH>
of the inlet opening of some cartridges can- 45% alcohol) to one liter of water at 43 °C
not be effectively covered with the palm of (110 °F); or,
the hand. The test can be performed by cov- 3. Other commercially available cleansers
ering the inlet opening of the cartridge with of equivalent disinfectant quality when used
a thin latex or nitrile glove. If the facepiece as directed, if their use is recommended or
remains in its slightly collapsed condition approved by the respirator manufacturer.
and no inward leakage of air is detected, the E. Rinse components thoroughly in clean,
tightness of the respirator is considered sat- warm (43 °C [110 °F] maximum), preferably
isfactory. running water. Drain. The importance of
thorough rinsing cannot be overemphasized.
II. Manufacturer’s Recommended User Seal Detergents or disinfectants that dry on
Check Procedures facepieces may result in dermatitis. In addi-
The respirator manufacturer’s rection, some disinfectants may cause deterio-
ommended procedures for performing a user ration of rubber or corrosion of metal parts
seal check may be used instead of the posi- if not completely removed.
tive and/or negative pressure check proce- F. Components should be hand-dried with a
dures provided that the employer dem- clean lint-free cloth or air-dried.
onstrates that the manufacturer’s proce- G. Reassemble facepiece, replacing filters,
dures are equally effective. cartridges, and canisters where necessary.
H. Test the respirator to ensure that all
APPENDIX B–2 TO § 1910.134: RESPIRATOR components work properly.
CLEANING PROCEDURES (MANDATORY)
APPENDIX C TO § 1910.134: OSHA RESPIRATOR
These procedures are provided for em- MEDICAL EVALUATION QUESTIONNAIRE (MAN-
ployer use when cleaning respirators. They DATORY)
are general in nature, and the employer as To the employer: Answers to questions in
an alternative may use the cleaning rec- Section 1, and to question 9 in Section 2 of
ommendations provided by the manufacturer part A, do not require a medical examina-
of the respirators used by their employees, tion.
provided such procedures are as effective as To the employee:
those listed here in appendix B–2. Equivalent Your employer must allow you to answer
effectiveness simply means that the proce- this questionnaire during normal working
dures used must accomplish the objectives hours, or at a time and place that is conven-
set forth in appendix B–2, i.e., must ensure ient to you. To maintain your confiden-
that the respirator is properly cleaned and tiality, your employer or supervisor must
disinfected in a manner that prevents dam- not look at or review your answers, and your
age to the respirator and does not cause employer must tell you how to deliver or
harm to the user. send this questionnaire to the health care
I. Procedures for Cleaning Respirators professional who will review it.
Part A. Section 1. (Mandatory) The fol-
A. Remove filters, cartridges, or canisters. lowing information must be provided by
Disassemble facepieces by removing speak- every employee who has been selected to use
ing diaphragms, demand and pressure-de- any type of respirator (please print).
mand valve assemblies, hoses, or any compo- 1. Today’s date: lllllllllllllll
nents recommended by the manufacturer.
2. Your name: llllllllllllllll
Discard or repair any defective parts.
B. Wash components in warm (43 °C [110 °F] 3. Your age (to nearest year): llllllll
maximum) water with a mild detergent or 4. Sex (circle one): Male/Female
with a cleaner recommended by the manu- 5. Your height: ll ft. ll in.
facturer. A stiff bristle (not wire) brush may
6. Your weight: ll lbs.
be used to facilitate the removal of dirt.
C. Rinse components thoroughly in clean, 7. Your job title: llllllllllllll
warm (43 °C [110 °F] maximum), preferably 8. A phone number where you can be reached
running water. Drain. by the health care professional who re-
D. When the cleaner used does not contain views this questionnaire (include the Area
a disinfecting agent, respirator components Code): lll
should be immersed for two minutes in one 9. The best time to phone you at this num-
of the following: ber: ll
1. Hypochlorite solution (50 ppm of chlo- 10. Has your employer told you how to con-
rine) made by adding approximately one mil- tact the health care professional who will
liliter of laundry bleach to one liter of water review this questionnaire (circle one): Yes/
at 43 °C (110 °F); or, No
2. Aqueous solution of iodine (50 ppm io- 11. Check the type of respirator you will use
dine) made by adding approximately 0.8 mil- (you can check more than one category):
liliters of tincture of iodine (6–8 grams am- a. ll N, R, or P disposable respirator (fil-
monium and/or potassium iodide/100 cc of ter-mask, non-cartridge type only).
461
b. ll Other type (for example, half- or m. Chest pain when you breathe deeply:
full-facepiece type, powered-air puri- Yes/No
fying, supplied-air, self-contained breath- n. Any other symptoms that you think
ing apparatus). may be related to lung problems: Yes/No
12. Have you worn a respirator (circle one): 5. Have you ever had any of the following car-
Yes/No diovascular or heart problems?
a. Heart attack: Yes/No
7 If ‘‘yes,’’ what type(s): llllllllll
b. Stroke: Yes/No
llllllllllllllllllllllll c. Angina: Yes/No
Part A. Section 2. (Mandatory) Questions 1 d. Heart failure: Yes/No
through 9 below must be answered by every e. Swelling in your legs or feet (not caused
employee who has been selected to use any by walking): Yes/No
type of respirator (please circle ‘‘yes’’ or f. Heart arrhythmia (heart beating irregu-
‘‘no’’). larly): Yes/No
1. Do you currently smoke tobacco, or have g. High blood pressure: Yes/No
you smoked tobacco in the last month: h. Any other heart problem that you’ve
Yes/No been told about: Yes/No
2. Have you ever had any of the following 6. Have you ever had any of the following car-
conditions? diovascular or heart symptoms?
a. Seizures: Yes/No a. Frequent pain or tightness in your
b. Diabetes (sugar disease): Yes/No chest: Yes/No
c. Allergic reactions that interfere with b. Pain or tightness in your chest during
your breathing: Yes/No physical activity: Yes/No
d. Claustrophobia (fear of closed-in places): c. Pain or tightness in your chest that
Yes/No interferes with your job: Yes/No
e. Trouble smelling odors: Yes/No d. In the past two years, have you noticed
3. Have you ever had any of the following pul- your heart skipping or missing a beat:
monary or lung problems? Yes/No
a. Asbestosis: Yes/No e. Heartburn or indigestion that is not re-
b. Asthma: Yes/No lated to eating: Yes/No
c. Chronic bronchitis: Yes/No f. Any other symptoms that you think may
d. Emphysema: Yes/No be related to heart or circulation prob-
e. Pneumonia: Yes/No lems: Yes/No
f. Tuberculosis: Yes/No 7. Do you currently take medication for any
g. Silicosis: Yes/No of the following problems?
h. Pneumothorax (collapsed lung): Yes/No a. Breathing or lung problems: Yes/No
i. Lung cancer: Yes/No b. Heart trouble: Yes/No
j. Broken ribs: Yes/No c. Blood pressure: Yes/No
k. Any chest injuries or surgeries: Yes/No d. Seizures: Yes/No
l. Any other lung problem that you’ve been 8. If you’ve used a respirator, have you ever
told about: Yes/No had any of the following problems? (If
4. Do you currently have any of the following you’ve never used a respirator, check the
symptoms of pulmonary or lung illness? following space and go to question 9:)
a. Shortness of breath: Yes/No a. Eye irritation: Yes/No
b. Shortness of breath when walking fast b. Skin allergies or rashes: Yes/No
on level ground or walking up a slight c. Anxiety: Yes/No
hill or incline: Yes/No d. General weakness or fatigue: Yes/No
c. Shortness of breath when walking with e. Any other problem that interferes with
other people at an ordinary pace on level your use of a respirator: Yes/No
ground: Yes/No 9. Would you like to talk to the health care
d. Have to stop for breath when walking at professional who will review this ques-
your own pace on level ground: Yes/No tionnaire about your answers to this
e. Shortness of breath when washing or questionnaire: Yes/No
dressing yourself: 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
462
c. Color blind: Yes/No If ‘‘yes,’’ describe these exposures: llll
d. Any other eye or vision problem: Yes/No llllllllllllllllllllllll
12. Have you ever had an injury to your ears,
4. List any second jobs or side businesses you
including a broken ear drum: Yes/No
have: lllllllllllllllllll
13. Do you currently have any of the following
hearing problems? llllllllllllllllllllllll
a. Difficulty hearing: Yes/No 5. List your previous occupations: lllll
b. Wear a hearing aid: Yes/No llllllllllllllllllllllll
c. Any other hearing or ear problem: Yes/
No 6. List your current and previous hobbies: l
14. Have you ever had a back injury: Yes/No llllllllllllllllllllllll
15. Do you currently have any of the following 7. Have you been in the military services?
musculoskeletal problems? Yes/No
a. Weakness in any of your arms, hands, If ‘‘yes,’’ were you exposed to biological or
legs, or feet: Yes/No chemical agents (either in training or
b. Back pain: Yes/No combat): Yes/No
c. Difficulty fully moving your arms and 8. Have you ever worked on a HAZMAT
legs: Yes/No team? Yes/No
d. Pain or stiffness when you lean forward 9. Other than medications for breathing and
or backward at the waist: Yes/No lung problems, heart trouble, blood pres-
e. Difficulty fully moving your head up or sure, and seizures mentioned earlier in
down: Yes/No this questionnaire, are you taking any
f. Difficulty fully moving your head side to other medications for any reason (includ-
side: Yes/No ing over-the-counter medications): Yes/
g. Difficulty bending at your knees: Yes/No No
h. Difficulty squatting to the ground: Yes/
If ‘‘yes,’’ name the medications if you
No
know them: llllllllllllllll
i. Climbing a flight of stairs or a ladder
carrying more than 25 lbs: Yes/No 10. Will you be using any of the following
j. Any other muscle or skeletal problem items with your respirator(s)?
that interferes with using a respirator: a. HEPA Filters: Yes/No
Yes/No b. Canisters (for example, gas masks): Yes/
No
Part B Any of the following questions,
c. Cartridges: Yes/No
and other questions not listed, may be added
11. How often are you expected to use the
to the questionnaire at the discretion of the
respirator(s) (circle ‘‘yes’’ or ‘‘no’’ for all
health care professional who will review the
answers that apply to you)?:
questionnaire.
a. Escape only (no rescue): Yes/No
1. In your present job, are you working at b. Emergency rescue only: Yes/No
high altitudes (over 5,000 feet) or in a c. Less than 5 hours per week: Yes/No
place that has lower than normal d. Less than 2 hours per day: Yes/No
amounts of oxygen: Yes/No e. 2 to 4 hours per day: Yes/No
If ‘‘yes,’’ do you have feelings of dizziness, f. Over 4 hours per day: Yes/No
shortness of breath, pounding in your 12. During the period you are using the res-
chest, or other symptoms when you’re pirator(s), is your work effort:
working under these conditions: Yes/No a. Light (less than 200 kcal per hour): Yes/
2. At work or at home, have you ever been No
exposed to hazardous solvents, hazardous If ‘‘yes,’’ how long does this period last dur-
airborne chemicals (e.g., gases, fumes, or ing the average
dust), or have you come into skin con- shift:llllllhrs.llllllmins.
tact with hazardous chemicals: Yes/No
Examples of a light work effort are sitting
If ‘‘yes,’’ name the chemicals if you know while writing, typing, drafting, or per-
them: lllllllllllllllllll forming light assembly work; or standing
3. Have you ever worked with any of the ma- while operating a drill press (1–3 lbs.) or con-
terials, or under any of the conditions, trolling machines.
listed below: b. Moderate (200 to 350 kcal per hour): Yes/
a. Asbestos: Yes/No No
b. Silica (e.g., in sandblasting): Yes/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
463
2 mph or down a 5-degree grade about 3 mph; that may affect the safety and well-being
or pushing a wheelbarrow with a heavy load of others (for example, rescue, security):
(about 100 lbs.) on a level surface. llllllllllllllllllllllll
c. Heavy (above 350 kcal per hour): Yes/No
APPENDIX D TO § 1910.134 (MANDATORY) INFOR-
If ‘‘yes,’’ how long does this period last
MATION FOR EMPLOYEES USING RESPIRATORS
during the average
WHEN NOT REQUIRED UNDER THE STAND-
shift:llllllhrs.llllllmins.
ARD
Examples of heavy work are lifting a heavy
load (about 50 lbs.) from the floor to your Respirators are an effective method of pro-
waist or shoulder; working on a loading dock; tection against designated hazards when
shoveling; standing while bricklaying or chip- properly selected and worn. Respirator use is
ping castings; walking up an 8-degree grade encouraged, even when exposures are below
about 2 mph; climbing stairs with a heavy the exposure limit, to provide an additional
load (about 50 lbs.). level of comfort and protection for workers.
However, if a respirator is used improperly
13. Will you be wearing protective clothing or not kept clean, the respirator itself can
and/or equipment (other than the res- become a hazard to the worker. Sometimes,
pirator) when you’re using your res- workers may wear respirators to avoid expo-
pirator: Yes/No sures to hazards, even if the amount of haz-
If ‘‘yes,’’ describe this protective clothing ardous substance does not exceed the limits
and/or equipment: lllllllllllll set by OSHA standards. If your employer
llllllllllllllllllllllll provides respirators for your voluntary use,
14. Will you be working under hot conditions or if you provide your own respirator, you
(temperature exceeding 77 °F): Yes/No need to take certain precautions to be sure
15. Will you be working under humid condi- that the respirator itself does not present a
tions: Yes/No hazard.
16. Describe the work you’ll be doing while You should do the following:
you’re using your respirator(s): 1. Read and heed all instructions provided
by the manufacturer on use, maintenance,
cleaning and care, and warnings regarding
llllllllllllllllllllllll the respirators limitations.
17. Describe any special or hazardous condi- 2. Choose respirators certified for use to
tions you might encounter when you’re protect against the contaminant of concern.
using your respirator(s) (for example, NIOSH, the National Institute for Occupa-
confined spaces, life-threatening gases): tional Safety and Health of the U.S. Depart-
llllllllllllllllllllllll ment of Health and Human Services, cer-
tifies respirators. A label or statement of
llllllllllllllllllllllll certification should appear on the respirator
18. Provide the following information, if you or respirator packaging. It will tell you what
know it, for each toxic substance that the respirator is designed for and how much
you’ll be exposed to when you’re using it will protect you.
your respirator(s): 3. Do not wear your respirator into
Name of the first toxic substance: llll atmospheres containing contaminants for
Estimated maximum exposure level per which your respirator is not designed to pro-
shift: lllllllllllllllllll tect against. For example, a respirator de-
signed to filter dust particles will not pro-
Duration of exposure per shift llllll tect you against gases, vapors, or very small
Name of the second toxic substance: lll solid particles of fumes or smoke.
Estimated maximum exposure level per 4. Keep track of your respirator so that
shift: lllllllllllllllllll you do not mistakenly use someone else’s
respirator.
Duration of exposure per shift: llllll
Name of the third toxic substance: llll [63 FR 1270, Jan. 8, 1998; 63 FR 20098, 20099,
Apr. 23, 1998, as amended at 69 FR 46993, Aug.
Estimated maximum exposure level per
4, 2004; 71 FR 16672, Apr. 3, 2006; 71 FR 50187,
shift: lllllllllllllllllll
Aug. 24, 2006; 73 FR 75584, Dec. 12, 2008; 76 FR
Duration of exposure per shift: llllll 33607, June 8, 2011; 77 FR 46949, Aug. 7, 2012]
The name of any other toxic substances
that you’ll be exposed to while using § 1910.135 Head protection.
your respirator:
(a) General requirements. (1) The em-
llllllllllllllllllllllll ployer shall ensure that each affected
llllllllllllllllllllllll employee wears a protective helmet
llllllllllllllllllllllll 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) falling objects.
464
(2) The employer shall ensure that a fication for Performance Requirements
protective helmet designed to reduce for Protective Footwear,’’ which are
electrical shock hazard is worn by each incorporated by reference in § 1910.6;
such affected employee when near ex- (ii) ANSI Z41–1999, ‘‘American Na-
posed electrical conductors which tional Standard for Personal Protec-
could contact the head. tion—Protective Footwear,’’ which is
(b) Criteria for head protection. (1) incorporated by reference in § 1910.6; or
Head protection must comply with any (iii) ANSI Z41–1991, ‘‘American Na-
of the following consensus standards: tional Standard for Personal Protec-
(i) American National Standards In- tion—Protective Footwear,’’ which is
stitute (ANSI) Z89.1–2009, ‘‘American incorporated by reference in § 1910.6.
National Standard for Industrial Head (2) Protective footwear that the em-
Protection,’’ incorporated by reference ployer demonstrates is at least as ef-
in § 1910.6; fective as protective footwear that is
(ii) American National Standards In- constructed in accordance with one of
stitute (ANSI) Z89.1–2003, ‘‘American the above consensus standards will be
National Standard for Industrial Head deemed to be in compliance with the
Protection,’’ incorporated by reference requirements of this section.
in § 1910.6; or
(iii) American National Standards In- [59 FR 16362, Apr. 6, 1994; 59 FR 33911, July 1,
stitute (ANSI) Z89.1–1997, ‘‘American 1994, as amended at 61 FR 9238, Mar. 7, 1996;
61 FR 19548, May 2, 1996; 61 FR 21228, May 9,
National Standard for Personnel Pro-
1996; 74 FR 46356, Sept. 9, 2009; 79 FR 20629,
tection—Protective Headwear for In- Apr. 11, 2014]
dustrial Workers—Requirements,’’ in-
corporated by reference in § 1910.6. § 1910.137 Electrical protective equip-
(2) Head protection devices that the ment.
employer demonstrates are at least as
(a) Design requirements for specific
effective as head protection devices
types of electrical protective equipment.
that are constructed in accordance
Rubber insulating blankets, rubber in-
with one of the above consensus stand-
sulating matting, rubber insulating
ards will be deemed to be in compli-
covers, rubber insulating line hose,
ance with the requirements of this sec-
rubber insulating gloves, and rubber in-
tion.
sulating sleeves shall meet the fol-
[59 FR 16362, Apr. 6, 1994, as amended at 61 lowing requirements:
FR 9238, Mar. 7, 1996; 61 FR 19548, May 2, 1996; (1) Manufacture and marking of rubber
74 FR 46356, Sept. 9, 2009; 77 FR 37598, June 22, insulating equipment. (i) Blankets,
2012]
gloves, and sleeves shall be produced by
§ 1910.136 Foot protection. a seamless process.
(ii) Each item shall be clearly
(a) General requirements. The em-
marked as follows:
ployer shall ensure that each affected
(A) Class 00 equipment shall be
employee uses protective footwear
marked Class 00.
when working in areas where there is a
danger of foot injuries due to falling or (B) Class 0 equipment shall be
rolling objects, or objects piercing the marked Class 0.
sole, or when the use of protective foot- (C) Class 1 equipment shall be
wear will protect the affected employee marked Class 1.
from an electrical hazard, such as a (D) Class 2 equipment shall be
static-discharge or electric-shock haz- marked Class 2.
ard, that remains after the employer (E) Class 3 equipment shall be
takes other necessary protective meas- marked Class 3.
ures. (F) Class 4 equipment shall be
(b) Criteria for protective footwear. (1) marked Class 4.
Protective footwear must comply with (G) Nonozone-resistant equipment
any of the following consensus stand- shall be marked Type I.
ards: (H) Ozone-resistant equipment shall
(i) ASTM F–2412–2005, ‘‘Standard Test be marked Type II.

Methods for Foot Protection,’’ and (I) Other relevant markings, such as
ASTM F–2413–2005, ‘‘Standard Speci- the manufacturer’s identification and
465
the size of the equipment, may also be resist ozone exposure in actual use.
provided. Any visible signs of ozone deterioration
(iii) Markings shall be nonconducting of the material, such as checking,
and shall be applied in such a manner cracking, breaks, or pitting, is evi-
as not to impair the insulating quali- dence of failure to meet the require-
ties of the equipment. ments for ozone-resistant material.
(iv) Markings on gloves shall be con- (See the note following paragraph
fined to the cuff portion of the glove. (a)(3)(ii)(B) of this section.)
(2) Electrical requirements. (i) Equip- (3) Workmanship and finish. (i) Equip-
ment shall be capable of withstanding ment shall be free of physical irreg-
the ac proof-test voltage specified in ularities that can adversely affect the
Table I–1 or the dc proof-test voltage insulating properties of the equipment
specified in Table I–2. and that can be detected by the tests
(A) The proof test shall reliably indi- or inspections required under this sec-
cate that the equipment can withstand tion.
the voltage involved. (ii) Surface irregularities that may
(B) The test voltage shall be applied be present on all rubber goods (because
continuously for 3 minutes for equip- of imperfections on forms or molds or
ment other than matting and shall be because of inherent difficulties in the
applied continuously for 1 minute for manufacturing process) and that may
matting. appear as indentations, protuberances,
(C) Gloves shall also be capable of or imbedded foreign material are ac-
separately withstanding the ac proof- ceptable under the following condi-
test voltage specified in Table I–1 after tions:
a 16-hour water soak. (See the note fol- (A) The indentation or protuberance
lowing paragraph (a)(3)(ii)(B) of this blends into a smooth slope when the
section.) material is stretched.
(ii) When the ac proof test is used on (B) Foreign material remains in
gloves, the 60-hertz proof-test current place when the insulating material is
may not exceed the values specified in folded and stretches with the insu-
Table I–1 at any time during the test lating material surrounding it.
period. NOTE TO PARAGRAPH (a): Rubber insulating
(A) If the ac proof test is made at a equipment meeting the following national
frequency other than 60 hertz, the per- consensus standards is deemed to be in com-
missible proof-test current shall be pliance with the performance requirements
computed from the direct ratio of the of paragraph (a) of this section:
frequencies. American Society for Testing and Mate-
(B) For the test, gloves (right side rials (ASTM) D120–09, Standard Specification
for Rubber Insulating Gloves.
out) shall be filled with tap water and
ASTM D178–01 (2010), Standard Specification
immersed in water to a depth that is in for Rubber Insulating Matting.
accordance with Table I–3. Water shall ASTM D1048–12, Standard Specification for
be added to or removed from the glove, Rubber Insulating Blankets.
as necessary, so that the water level is ASTM D1049–98 (2010), Standard Specifica-
the same inside and outside the glove. tion for Rubber Insulating Covers.
(C) After the 16-hour water soak spec- ASTM D1050–05 (2011), Standard Specifica-
ified in paragraph (a)(2)(i)(C) of this tion for Rubber Insulating Line Hose.
ASTM D1051–08, Standard Specification for
section, the 60-hertz proof-test current
Rubber Insulating Sleeves.
may not exceed the values given in The preceding standards also contain spec-
Table I–1 by more than 2 milliamperes. ifications for conducting the various tests
(iii) Equipment that has been sub- required in paragraph (a) of this section. For
jected to a minimum breakdown volt- example, the ac and dc proof tests, the
age test may not be used for electrical breakdown test, the water-soak procedure,
protection. (See the note following and the ozone test mentioned in this para-
paragraph (a)(3)(ii)(B) of this section.) graph are described in detail in these ASTM
standards.
(iv) Material used for Type II insu-
ASTM F1236–96 (2012), Standard Guide for
lating equipment shall be capable of Visual Inspection of Electrical Protective Rub-
withstanding an ozone test, with no ber Products, presents methods and tech-
visible effects. The ozone test shall re- niques for the visual inspection of electrical
liably indicate that the material will protective equipment made of rubber. This
466
guide also contains descriptions and photo- equipment, the leakage current is small, and
graphs of irregularities that can be found in the capacitive current predominates.
this equipment. NOTE TO PARAGRAPH (b): Plastic guard
ASTM F819–10, Standard Terminology Relat- equipment is deemed to conform to the per-
ing to Electrical Protective Equipment for Work- formance requirements of paragraph (b) of
ers, includes definitions of terms relating to this section if it meets, and is used in ac-
the electrical protective equipment covered cordance with, ASTM F712–06 (2011), Standard
under this section. Test Methods and Specifications for Electrically
Insulating Plastic Guard Equipment for Protec-
(b) Design requirements for other types
tion of Workers.
of electrical protective equipment. The
following requirements apply to the de- (c) In-service care and use of electrical
sign and manufacture of electrical pro- protective equipment—(1) General. Elec-
tective equipment that is not covered trical protective equipment shall be
by paragraph (a) of this section: maintained in a safe, reliable condi-
(1) Voltage withstand. Insulating tion.
equipment used for the protection of (2) Specific requirements. The following
employees shall be capable of with- specific requirements apply to rubber
standing, without failure, the voltages insulating blankets, rubber insulating
that may be imposed upon it. covers, rubber insulating line hose,
NOTE TO PARAGRAPH (b)(1): These voltages rubber insulating gloves, and rubber in-
include transient overvoltages, such as sulating sleeves:
switching surges, as well as nominal line (i) Maximum use voltages shall con-
voltage. See appendix B to § 1910.269 for a dis- form to those listed in Table I–4.
cussion of transient overvoltages on electric (ii) Insulating equipment shall be in-
power transmission and distribution sys-
tems. See IEEE Std 516–2009, IEEE Guide for
spected for damage before each day’s
Maintenance Methods on Energized Power use and immediately following any in-
Lines, for methods of determining the mag- cident that can reasonably be sus-
nitude of transient overvoltages on an elec- pected of causing damage. Insulating
trical system and for a discussion comparing gloves shall be given an air test, along
the ability of insulation equipment to with- with the inspection.
stand a transient overvoltage based on its
ability to withstand ac voltage testing. NOTE TO PARAGRAPH (c)(2)(ii): ASTM F1236–
96 (2012), Standard Guide for Visual Inspection
(2) Equipment current. (i) Protective of Electrical Protective Rubber Products, pre-
equipment used for the primary insula- sents methods and techniques for the visual
tion of employees from energized cir- inspection of electrical protective equipment
cuit parts shall be capable of passing a made of rubber. This guide also contains de-
current test when subjected to the scriptions and photographs of irregularities
highest nominal voltage on which the that can be found in this equipment.
equipment is to be used. (iii) Insulating equipment with any
(ii) When insulating equipment is of the following defects may not be
tested in accordance with paragraph used:
(b)(2)(i) of this section, the equipment (A) A hole, tear, puncture, or cut;
current may not exceed 1 microampere
(B) Ozone cutting or ozone checking
per kilovolt of phase-to-phase applied
(that is, a series of interlacing cracks
voltage.
produced by ozone on rubber under me-
NOTE 1 TO PARAGRAPH (b)(2): This para- chanical stress);
graph applies to equipment that provides pri- (C) An embedded foreign object;
mary insulation of employees from energized
parts. It does not apply to equipment used
(D) Any of the following texture
for secondary insulation or equipment used changes: swelling, softening, hard-
for brush contact only. ening, or becoming sticky or inelastic.
NOTE 2 TO PARAGRAPH (b)(2): For ac exci- (E) Any other defect that damages
tation, this current consists of three compo- the insulating properties.
nents: Capacitive current because of the di- (iv) Insulating equipment found to
electric properties of the insulating material
have other defects that might affect its
itself; conduction current through the vol-
ume of the insulating equipment; and leak- insulating properties shall be removed
age current along the surface of the tool or from service and returned for testing
equipment. The conduction current is nor- under paragraphs (c)(2)(viii) and
mally negligible. For clean, dry insulating (c)(2)(ix) of this section.
467
(v) Insulating equipment shall be (ix) The test method used under para-
cleaned as needed to remove foreign graphs (c)(2)(viii) and (c)(2)(xi) of this
substances. section shall reliably indicate whether
(vi) Insulating equipment shall be the insulating equipment can with-
stored in such a location and in such a stand the voltages involved.
manner as to protect it from light,
NOTE TO PARAGRAPH (c)(2)(ix): Standard
temperature extremes, excessive hu-
electrical test methods considered as meet-
midity, ozone, and other damaging sub- ing this paragraph are given in the following
stances and conditions. national consensus standards:
(vii) Protector gloves shall be worn ASTM D120–09, Standard Specification for
over insulating gloves, except as fol- Rubber Insulating Gloves.
lows: ASTM D178–01 (2010), Standard Specification
(A) Protector gloves need not be used for Rubber Insulating Matting.
with Class 0 gloves, under limited-use ASTM D1048–12, Standard Specification for
conditions, when small equipment and Rubber Insulating Blankets.
parts manipulation necessitate unusu- ASTM D1049–98 (2010), Standard Specifica-
ally high finger dexterity. tion for Rubber Insulating Covers.
ASTM D1050–05 (2011), Standard Specifica-
NOTE TO PARAGRAPH (c)(2)(vii)(A): Persons tion for Rubber Insulating Line Hose.
inspecting rubber insulating gloves used ASTM D1051–08, Standard Specification for
under these conditions need to take extra Rubber Insulating Sleeves.
care in visually examining them. Employees ASTM F478–09, Standard Specification for In-
using rubber insulating gloves under these Service Care of Insulating Line Hose and Cov-
conditions need to take extra care to avoid ers.
handling sharp objects. ASTM F479–06 (2011), Standard Specification
(B) If the voltage does not exceed 250 for In-Service Care of Insulating Blankets.
volts, ac, or 375 volts, dc, protector ASTM F496–08, Standard Specification for In-
Service Care of Insulating Gloves and Sleeves.
gloves need not be used with Class 00
gloves, under limited-use conditions, (x) Insulating equipment failing to
when small equipment and parts ma- pass inspections or electrical tests may
nipulation necessitate unusually high not be used by employees, except as
finger dexterity. follows:
NOTE TO PARAGRAPH (c)(2)(vii)(B): Persons
(A) Rubber insulating line hose may
inspecting rubber insulating gloves used be used in shorter lengths with the de-
under these conditions need to take extra fective portion cut off.
care in visually examining them. Employees (B) Rubber insulating blankets may
using rubber insulating gloves under these be salvaged by severing the defective
conditions need to take extra care to avoid area from the undamaged portion of
handling sharp objects. the blanket. The resulting undamaged
(C) Any other class of glove may be area may not be smaller than 560 milli-
used without protector gloves, under meters by 560 millimeters (22 inches by
limited-use conditions, when small 22 inches) for Class 1, 2, 3, and 4 blan-
equipment and parts manipulation ne- kets.
cessitate unusually high finger dex- (C) Rubber insulating blankets may
terity but only if the employer can be repaired using a compatible patch
demonstrate that the possibility of that results in physical and electrical
physical damage to the gloves is small properties equal to those of the blan-
and if the class of glove is one class ket.
higher than that required for the volt- (D) Rubber insulating gloves and
age involved. sleeves with minor physical defects,
(D) Insulating gloves that have been such as small cuts, tears, or punctures,
used without protector gloves may not may be repaired by the application of a
be reused until they have been tested compatible patch. Also, rubber insu-
under the provisions of paragraphs lating gloves and sleeves with minor
(c)(2)(viii) and (c)(2)(ix) of this section. surface blemishes may be repaired with
(viii) Electrical protective equipment a compatible liquid compound. The re-
shall be subjected to periodic electrical paired area shall have electrical and
tests. Test voltages and the maximum physical properties equal to those of
intervals between tests shall be in ac- the surrounding material. Repairs to
cordance with Table I–4 and Table I–5. gloves are permitted only in the area
468
between the wrist and the reinforced test and the date it was tested and
edge of the opening. shall be made available upon request to
(xi) Repaired insulating equipment the Assistant Secretary for Occupa-
shall be retested before it may be used tional Safety and Health and to em-
by employees. ployees or their authorized representa-
(xii) The employer shall certify that tives.
equipment has been tested in accord-
ance with the requirements of para- NOTE TO PARAGRAPH (c)(2)(xii): Marking
graphs (c)(2)(iv), (c)(2)(vii)(D), equipment with, and entering onto logs, the
(c)(2)(viii), (c)(2)(ix), and (c)(2)(xi) of results of the tests and the dates of testing
this section. The certification shall are two acceptable means of meeting the cer-
tification requirement.
identify the equipment that passed the
TABLE I–1—AC PROOF-TEST REQUIREMENTS
Maximum proof-test current, mA
(gloves only)
Proof-test
Class of Equipment Voltage 280-mm 360-mm 410-mm 460-mm
rms V (11-in) (14-in) (16-in) (18-in)
glove glove glove glove
00 .......................................... 2,500 8 12
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–2—DC PROOF-TEST REQUIREMENTS TABLE I–2—DC PROOF-TEST REQUIREMENTS—

Continued
Proof–test
Class of equipment voltage Proof–test
Class of equipment voltage
00 ................................................................... 10,000
0 ..................................................................... 20,000 4 ..................................................................... 70,000
1 ..................................................................... 40,000 Note: The dc voltages listed in this table are not appro-
2 ..................................................................... 50,000 priate for proof testing rubber insulating line hose or covers.
3 ..................................................................... 60,000 For this equipment, dc proof tests shall use a voltage high
enough to indicate that the equipment can be safely used at
the voltages listed in Table I–4. See ASTM D1050–05 (2011)
and ASTM D1049–98 (2010) for further information on proof
tests for rubber insulating line hose and covers, respectively.
TABLE I–3—GLOVE TESTS—WATER LEVEL 1 2

AC proof test DC proof test
Class of glove
mm in mm in
00 .......................................................................... 38 1.5 38 1.5

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 reinforced edge 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–4—RUBBER INSULATING EQUIPMENT, VOLTAGE REQUIREMENTS

Maximum Retest Retest
Class of equipment use voltage 1 voltage 2 voltage 2
AC rms AC rms DC avg
00 ........................................................................................................... 500 2,500 10,000

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
469
TABLE I–4—RUBBER INSULATING EQUIPMENT, VOLTAGE REQUIREMENTS—Continued

Maximum Retest Retest
Class of equipment use voltage 1 voltage 2 voltage 2
AC rms AC rms DC avg
4 ............................................................................................................. 36,000 40,000 70,000

1 The maximum use voltage is the ac 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 if:
(1) There is no multiphase exposure in a system area and the voltage exposure is limited to the phase-to-ground potential, or
(2) The electric 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–5—RUBBER INSULATING EQUIPMENT, TEST INTERVALS

Type of When to test
equipment
Rubber insulating line Upon indication that insulating value is suspect and after repair.
hose.
Rubber insulating covers Upon indication that insulating value is suspect and after repair.
Rubber insulating blan- Before first issue and every 12 months thereafter; 1 upon indication that insulating value is suspect;
kets. and after repair.
Rubber insulating gloves Before first issue and every 6 months thereafter; 1 upon indication that insulating value is suspect;
after repair; and after use without protectors.
Rubber insulating Before first issue and every 12 months thereafter; 1 upon indication that insulating value is suspect;
sleeves. and after repair.
1 If the insulating equipment has been electrically tested but not issued for service, the insulating equipment may not be placed
into service unless it has been electrically tested within the previous 12 months.
[79 FR 20629, Apr. 11, 2014]
§ 1910.138 Hand protection. 1. Bureau of Labor Statistics (BLS). ‘‘Ac-

cidents Involving Eye Injuries.’’ Report 597,
(a) General requirements. Employers Washington, D.C.: BLS, 1980.
shall select and require employees to 2. Bureau of Labor Statistics (BLS). ‘‘Ac-
use appropriate hand protection when cidents Involving Face Injuries.’’ Report 604,
employees’ hands are exposed to haz- Washington, D.C.: BLS, 1980.
3. Bureau of Labor Statistics (BLS). ‘‘Ac-
ards such as those from skin absorp-
cidents Involving Head Injuries.’’ Report 605,
tion of harmful substances; severe cuts Washington, D.C.: BLS, 1980.
or lacerations; severe abrasions; punc- 4. Bureau of Labor Statistics (BLS). ‘‘Ac-
tures; chemical burns; thermal burns; cidents Involving Foot Injuries.’’ Report 626,
and harmful temperature extremes. Washington, D.C.: BLS, 1981.
(b) Selection. Employers shall base 5. National Safety Council. ‘‘Accident
Facts’’, Annual edition, Chicago, IL: 1981.
the selection of the appropriate hand 6. Bureau of Labor Statistics (BLS). ‘‘Oc-
protection on an evaluation of the per- cupational Injuries and Illnesses in the
formance characteristics of the hand United States by Industry,’’ Annual edition,
protection relative to the task(s) to be Washington, D.C.: BLS.
performed, conditions present, dura- 7. National Society to Prevent Blindness.
tion of use, and the hazards and poten- ‘‘A Guide for Controlling Eye Injuries in In-
dustry,’’ Chicago, Il: 1982.
tial hazards identified.
[59 FR 16362, Apr. 6, 1994]
[59 FR 16362, Apr. 6, 1994; 59 FR 33911, July 1,
1994] APPENDIX B TO SUBPART I OF PART
1910—NONMANDATORY COMPLIANCE
APPENDIX A TO SUBPART I OF PART GUIDELINES FOR HAZARD ASSESS-
1910—REFERENCES FOR FURTHER IN- MENT AND PERSONAL PROTECTIVE
FORMATION (NON-MANDATORY) EQUIPMENT SELECTION
The documents in appendix A provide in- This appendix is intended to provide com-
formation which may be helpful in under- pliance assistance for employers and employ-
standing and implementing the standards in ees in implementing requirements for a haz-
Subpart I. ard assessment and the selection of personal
protective equipment.
470
Occupational Safety and Health Admin., Labor Pt. 1910, Subpt. I, App. B
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)
(d) Chemical tection. Continued wearing of the device is
(e) Heat more likely if it fits the wearer comfortably.
(f) Harmful dust Protective devices are generally available in
(g) Light (optical) radiation a variety of sizes. Care should be taken to
b. Sources. During the walk-through survey ensure that the right size is selected.
the safety officer should observe: (a) sources 6. Devices with adjustable features. Adjust-
of motion; i.e., machinery or processes where ments should be made on an individual basis
any movement of tools, machine elements or for a comfortable fit that will maintain the
particles could exist, or movement of per- protective device in the proper position. Par-
sonnel that could result in collision with sta- ticular care should be taken in fitting de-
tionary objects; (b) sources of high tempera- vices for eye protection against dust and
tures that could result in burns, eye injury chemical splash to ensure that the devices
or ignition of protective equipment, etc.; (c) are sealed to the face. In addition, proper fit-
types of chemical exposures; (d) sources of ting of helmets is important to ensure that
harmful dust; (e) sources of light radiation, it will not fall off during work operations. In
i.e., welding, brazing, cutting, furnaces, heat some cases a chin strap may be necessary to
treating, high intensity lights, etc.; (f) keep the helmet on an employee’s head.
sources of falling objects or potential for (Chin straps should break at a reasonably
dropping objects; (g) sources of sharp objects low force, however, so as to prevent a stran-
which might pierce the feet or cut the hands; gulation hazard). Where manufacturer’s in-
(h) sources of rolling or pinching objects structions are available, they should be fol-
which could crush the feet; (i) layout of lowed carefully.
workplace and location of co-workers; and (j) 7. Reassessment of hazards. It is the respon-
any electrical hazards. In addition, injury/ac- sibility of the safety officer to reassess the
cident data should be reviewed to help iden- workplace hazard situation as necessary, by
tify problem areas. identifying and evaluating new equipment
c. Organize data. Following the walk- and processes, reviewing accident records,
through survey, it is necessary to organize and reevaluating the suitability of pre-
the data and information for use in the as- viously selected PPE.
sessment of hazards. The objective is to pre- 8. Selection chart guidelines for eye and face
pare for an analysis of the hazards in the en- protection. Some occupations (not a complete
vironment to enable proper selection of pro- list) for which eye protection should be rou-
tective equipment. tinely considered are: carpenters, elec-
d. Analyze data. Having gathered and orga- tricians, machinists, mechanics and repair-
nized data on a workplace, an estimate of ers, millwrights, plumbers and pipe fitters,
the potential for injuries should be made. sheet metal workers and tinsmiths, assem-
Each of the basic hazards (paragraph 3.a.) blers, sanders, grinding machine operators,
should be reviewed and a determination lathe and milling machine operators, saw-
made as to the type, level of risk, and seri- yers, welders, laborers, chemical process op-
ousness of potential injury from each of the erators and handlers, and timber cutting and
471
Pt. 1910, Subpt. I, App. B 29 CFR Ch. XVII (7–1–16 Edition)
logging workers. The following chart pro- against hazards associated with the listed
vides general guidance for the proper selec- hazard ‘‘source’’ operations.
tion of eye and face protection to protect
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.
9. Selection guidelines for head protection. All high-voltage conductors (they are proof test-
head protection (helmets) is designed to pro- ed to 20,000 volts). Class C helmets provide
vide protection from impact and penetration impact and penetration resistance (they are
hazards caused by falling objects. Head pro- usually made of aluminum which conducts
tection is also available which provides pro- electricity), and should not be used around
tection from electric shock and burn. When electrical hazards.
selecting head protection, knowledge of po- Where falling object hazards are present,
tential electrical hazards is important. Class helmets must be worn. Some examples in-
A helmets, in addition to impact and pene- clude: working below other workers who are
tration resistance, provide electrical protec- using tools and materials which could fall;
tion from low-voltage conductors (they are
working around or under conveyor belts

proof tested to 2,200 volts). Class B helmets, which are carrying parts or materials; work-
in addition to impact and penetration resisting below machinery or processes which
ance, provide electrical protection from
472
Occupational Safety and Health Admin., Labor Pt. 1910, Subpt. I, App. B
might cause material or objects to fall; and required as a supplementary form of protec-
working on exposed energized conductors. tion when an employee standing on the
Some examples of occupations for which ground is exposed to hazardous step or touch
head protection should be routinely consid- potential (the difference in electrical poten-
ered are: carpenters, electricians, linemen, tial between the feet or between the hands
mechanics and repairers, plumbers and pipe and feet) or when primary forms of electrical
fitters, assemblers, packers, wrappers, saw- protective equipment, such as rubber insu-
yers, welders, laborers, freight handlers, tim- lating gloves and blankets, do not provide
ber cutting and logging, stock handlers, and complete protection for an employee stand-
warehouse laborers. ing on the ground.
Beginning with the ANSI Z89.1–1997 stand- Some occupations (not a complete list) for
ard, ANSI updated the classification system which foot protection should be routinely
for protective helmets. Prior revisions used considered are: Shipping and receiving
type classifications to distinguish between clerks, stock clerks, carpenters, electricians,
caps and full brimmed hats. Beginning in machinists, mechanics and repairers, plumb-
1997, Type I designated helmets designed to ers and pipe fitters, structural metal work-
reduce the force of impact resulting from a ers, assemblers, drywall installers and lath-
blow only to the top of the head, while Type ers, packers, wrappers, craters, punch and
II designated helmets designed to reduce the stamping press operators, sawyers, welders,
force of impact resulting from a blow to the laborers, freight handlers, gardeners and
top or sides of the head. Accordingly, if a grounds-keepers, timber cutting and logging
hazard assessment indicates that lateral im- workers, stock handlers and warehouse la-
pact to the head is foreseeable, employers borers.
must select Type II helmets for their em- 11. Selection guidelines for hand protection.
ployees. To improve comprehension and use- Gloves are often relied upon to prevent cuts,
fulness, the 1997 revision also redesignated abrasions, burns, and skin contact with
the electrical-protective classifications for chemicals that are capable of causing local
helmets as follows: ‘‘Class G—General’’; hel- or systemic effects following dermal expo-
mets designed to reduce the danger of con- sure. OSHA is unaware of any gloves that
tact with low-voltage conductors; ‘‘Class E— provide protection against all potential hand
Electrical’’; helmets designed to reduce the hazards, and commonly available glove ma-
danger of contact with conductors at higher terials provide only limited protection
voltage levels; and ‘‘Class C—Conductive’’; against many chemicals. Therefore, it is im-
helmets that provide no protection against portant to select the most appropriate glove
contact with electrical hazards. for a particular application and to determine
10. Selection guidelines for foot protection. how long it can be worn, and whether it can
Safety shoes and boots which meet the ANSI be reused.
Z41–1991 Standard provide both impact and It is also important to know the perform-
compression protection. Where necessary, ance characteristics of gloves relative to the
safety shoes can be obtained which provide specific hazard anticipated; e.g., chemical
puncture protection. In some work situa- hazards, cut hazards, flame hazards, etc.
tions, metatarsal protection should be pro- These performance characteristics should be
vided, and in other special situations elec- assessed by using standard test procedures.
trical conductive or insulating safety shoes Before purchasing gloves, the employer
would be appropriate. should request documentation from the man-
Safety shoes or boots with impact protec- ufacturer that the gloves meet the appro-
tion would be required for carrying or han- priate test standard(s) for the hazard(s) an-
dling materials such as packages, objects, ticipated.
parts or heavy tools, which could be dropped; Other factors to be considered for glove se-
and, for other activities where objects might lection in general include:
fall onto the feet. Safety shoes or boots with (A) As long as the performance character-
compression protection would be required for istics are acceptable, in certain cir-
work activities involving skid trucks (man- cumstances, it may be more cost effective to
ual material handling carts) around bulk regularly change cheaper gloves than to
rolls (such as paper rolls) and around heavy reuse more expensive types; and,
pipes, all of which could potentially roll over (B) The work activities of the employee
an employee’s feet. Safety shoes or boots should be studied to determine the degree of
with puncture protection would be required dexterity required, the duration, frequency,
where sharp objects such as nails, wire, and degree of exposure of the hazard, and the
tacks, screws, large staples, scrap metal etc., physical stresses that will be applied.
could be stepped on by employees causing a With respect to selection of gloves for pro-
foot injury. Electrically conductive shoes tection against chemical hazards:
would be required as a supplementary form (A) The toxic properties of the chemical(s)
of protection for work activities in which must be determined; in particular, the abil-
there is a danger of fire or explosion from ity of the chemical to cause local effects on
the discharge of static electricity. Elec- the skin and /or to pass through the skin and
trical-hazard or dielectric footwear would be cause systemic effects;
473
(B) Generally, any ‘‘chemical resistant’’ ices, dressing, showering, toilet use,
glove can be used for dry powders; washing, and eating.
(C) For mixtures and formulated products Potable water means water that meets
(unless specific test data are available), a the standards for drinking purposes of
glove should be selected on the basis of the
chemical component with the shortest
the State or local authority having ju-
breakthrough time, since it is possible for risdiction, or water that meets the
solvents to carry active ingredients through quality standards prescribed by the
polymeric materials; and, U.S. Environmental Protection Agen-
(D) Employees must be able to remove the cy’s National Primary Drinking Water
gloves in such a manner as to prevent skin Regulations (40 CFR 141).
contamination. Toilet facility, means a fixture main-
12. Cleaning and maintenance. It is impor- tained within a toilet room for the pur-
tant that all PPE be kept clean and properly pose of defecation or urination, or
maintained. Cleaning is particularly impor-
tant for eye and face protection where dirty
both.
or fogged lenses could impair vision. Toilet room, means a room maintained
For the purposes of compliance with within or on the premises of any place
§ 1910.132 (a) and (b), PPE should be in- of employment, containing toilet fa-
spected, cleaned, and maintained at regular cilities for use by employees.
intervals so that the PPE provides the req- Toxic material means a material in
uisite protection. concentration or amount which ex-
It is also important to ensure that con- ceeds the applicable limit established
taminated PPE which cannot be decontami- by a standard, such as §§ 1910.1000 and
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-
[59 FR 16362, Apr. 6, 1994, as amended at 74 icity so as to constitute a recognized
FR 46357, Sept. 9, 2009; 79 FR 20633, Apr. 11, hazard that is causing or is likely to
2014] cause death or serious physical harm.
Urinal means a toilet facility main-
Subpart J—General Environmental tained within a toilet room for the sole
Controls purpose of urination.
Water closet means a toilet facility
AUTHORITY: 29 U.S.C. 653, 655, 657; Sec- maintained within a toilet room for
retary of Labor’s Order No. 12–71 (36 FR 8754), the purpose of both defecation and uri-
8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 nation and which is flushed with water.
FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), Wet process means any process or op-
5–2007 (72 FR 31159), 4–2010 (75 FR 55355), or 1– eration in a workroom which normally
2012 (77 FR 3912), as applicable. results in surfaces upon which employ-
Sections 1910.141, 1910.142, 1910.145, 1910.146, ees may walk or stand becoming wet.
and 1910.147 also issued under 29 CFR part
(3) Housekeeping. (i) All places of em-
1911.
ployment shall be kept clean to the ex-
§ 1910.141 Sanitation. tent that the nature of the work al-
lows.
(a) General—(1) Scope. This section (ii) The floor of every workroom shall
applies to permanent places of employ- be maintained, so far as practicable, in
ment. a dry condition. Where wet processes
(2) Definitions applicable to this section. are used, drainage shall be maintained
Nonwater carriage toilet facility, means and false floors, platforms, mats, or
a toilet facility not connected to a other dry standing places shall be pro-
sewer. vided, where practicable, or appro-
Number of employees means, unless priate waterproof footgear shall be pro-
otherwise specified, the maximum vided.
number of employees present at any (iii) To facilitate cleaning, every
one time on a regular shift. floor, working place, and passageway
Personal service room, means a room shall be kept free from protruding
used for activities not directly con- nails, splinters, loose boards, and un-
nected with the production or service necessary holes and openings.
function performed by the establish- (4) Waste disposal. (i) Any receptacle
ment. Such activities include, but are used for putrescible solid or liquid
not limited to, first-aid, medical serv- waste or refuse shall be so constructed
474
that it does not leak and may be thor- of food preparation or processing prem-
oughly cleaned and maintained in a ises, or personal service rooms, or for
sanitary condition. Such a receptacle washing clothes.
shall be equipped with a solid tight-fit- (ii) Construction of nonpotable water
ting cover, unless it can be maintained systems or systems carrying any other
in a sanitary condition without a nonpotable substance shall be such as
cover. This requirement does not pro- to prevent backflow or backsiphonage
hibit the use of receptacles which are into a potable water system.
designed to permit the maintenance of (iii) Nonpotable water shall not be
a sanitary condition without regard to used for washing any portion of the
the aforementioned requirements. person, cooking or eating utensils, or
(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- nished. Where toilet rooms will be oc-
ing of foods, washing of cooking or eat- cupied by no more than one person at a
ing utensils, washing of food prepara- time, can be locked from the inside,
tion or processing premises, and per- and contain at least one water closet,
sonal service rooms. separate toilet rooms for each sex need
(ii) [Reserved] not be provided. Where such single-oc-
(iii) Portable drinking water dis- cupancy rooms have more than one toi-
pensers shall be designed, constructed, let facility, only one such facility in
and serviced so that sanitary condi- each toilet room shall be counted for
tions are maintained, shall be capable the purpose of table J–1.
of being closed, and shall be equipped
with a tap. TABLE J–1
(iv) [Reserved]
(v) Open containers such as barrels, Minimum
number of
pails, or tanks for drinking water from Number of employees water clos-
which the water must be dipped or ets 1
poured, whether or not they are fitted 1 to 15 ................................................................. 1
with a cover, are prohibited. 16 to 35 ............................................................... 2
(vi) A common drinking cup and 36 to 55 ............................................................... 3
other common utensils are prohibited. 56 to 80 ............................................................... 4
(2) Nonpotable water. (i) Outlets for 81 to 110 ............................................................. 5.
111 to 150 ........................................................... 6
nonpotable water, such as water for in- Over 150 .............................................................. (2)
dustrial or firefighting purposes, shall
1 Where toilet facilities will not be used by women, urinals
be posted or otherwise marked in a may be provided instead of water closets, except that the
manner that will indicate clearly that number of water closets in such cases shall not be reduced to
the water is unsafe and is not to be less than 2⁄3 of the minimum specified.
2 1 additional fixture for each additional 40 employees.

used for drinking, washing of the per-
son, cooking, washing of food, washing (ii) The requirements of paragraph
of cooking or eating utensils, washing (c)(1)(i) of this section do not apply to
475
mobile crews or to normally unat- (e) Change rooms. Whenever employ-

tended work locations so long as em- ees are required by a particular stand-
ployees working at these locations ard to wear protective clothing because
have transportation immediately of the possibility of contamination
available to nearby toilet facilities with toxic materials, change rooms
which meet the other requirements of equipped with storage facilities for
this subparagraph. street clothes and separate storage fa-
(iii) The sewage disposal method cilities for the protective clothing
shall not endanger the health of em- shall be provided.
ployees. (f) Clothes drying facilities. Where
(2) Construction of toilet rooms. (i) working clothes are provided by the
Each water closet shall occupy a sepa- employer and become wet or are
rate compartment with a door and washed between shifts, provision shall
walls or partitions between fixtures be made to insure that such clothing is
sufficiently high to assure privacy. dry before reuse.
(ii) [Reserved] (g) Consumption of food and beverages
(d) Washing facilities—(1) General. on the premises—(1) Application. This
Washing facilities shall be maintained paragraph shall apply only where em-
in a sanitary condition. ployees are permitted to consume food
(2) Lavatories. (i) Lavatories shall be or beverages, or both, on the premises.
(2) Eating and drinking areas. No em-
made available in all places of employ-
ployee shall be allowed to consume
ment. The requirements of this sub-
food or beverages in a toilet room nor
division do not apply to mobile crews
in any area exposed to a toxic mate-
or to normally unattended work loca-
rial.
tions if employees working at these lo-
(3) Waste disposal containers. Recep-
cations have transportation readily
tacles constructed of smooth, corrosion
available to nearby washing facilities
resistant, easily cleanable, or dispos-
which meet the other requirements of
able materials, shall be provided and
this paragraph.
used for the disposal of waste food. The
(ii) Each lavatory shall be provided
number, size, and location of such re-
with hot and cold running water, or
ceptacles shall encourage their use and
tepid running water.
not result in overfilling. They shall be
(iii) Hand soap or similar cleansing emptied not less frequently than once
agents shall be provided. each working day, unless unused, and
(iv) Individual hand towels or sec- shall be maintained in a clean and san-
tions thereof, of cloth or paper, air itary condition. Receptacles shall be
blowers or clean individual sections of provided with a solid tight-fitting
continuous cloth toweling, convenient cover unless sanitary conditions can be
to the lavatories, shall be provided. maintained without use of a cover.
(3) Showers. (i) Whenever showers are (4) Sanitary storage. No food or bev-
required by a particular standard, the erages shall be stored in toilet rooms
showers shall be provided in accord- or in an area exposed to a toxic mate-
ance with paragraphs (d)(3) (ii) through rial.
(v) of this section. (h) Food handling. All employee food
(ii) One shower shall be provided for service facilities and operations shall
each 10 employees of each sex, or nu- be carried out in accordance with
merical fraction thereof, who are re- sound hygienic principles. In all places
quired to shower during the same shift. of employment where all or part of the
(iii) Body soap or other appropriate food service is provided, the food dis-
cleansing agents convenient to the pensed shall be wholesome, free from
showers shall be provided as specified spoilage, and shall be processed, pre-
in paragraph (d)(2)(iii) of this section. pared, handled, and stored in such a
(iv) Showers shall be provided with manner as to be protected against con-
hot and cold water feeding a common tamination.
discharge line. [39 FR 23502, June 27, 1974, as amended at 40
(v) Employees who use showers shall FR 18446, Apr. 28, 1975; 40 FR 23073, May 28,
be provided with individual clean tow- 1975; 43 FR 49748, Oct. 24, 1978; 63 FR 33466,
els. June 18, 1998; 76 FR 33607, June 8, 2011]
476
§ 1910.142 Temporary labor camps. dampness and to permit free circula-

(a) Site. (1) All sites used for camps tion of air beneath.
shall be adequately drained. They shall (6) Nothing in this section shall be
not be subject to periodic flooding, nor construed to prohibit ‘‘banking’’ with
located within 200 feet of swamps, earth or other suitable material around
pools, sink holes, or other surface col- the outside walls in areas subject to ex-
lections of water unless such quiescent treme low temperatures.
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
where sleeping quarters are located (9) In a room where workers cook,
shall be at least 500 feet from any area live, and sleep a minimum of 100 square
in which livestock is kept. feet per person shall be provided. Sani-
(3) The grounds and open areas sur- tary facilities shall be provided for
rounding the shelters shall be main- storing and preparing food.
tained in a clean and sanitary condi- (10) In camps where cooking facilities
tion free from rubbish, debris, waste are used in common, stoves (in ratio of
paper, garbage, or other refuse. one stove to 10 persons or one stove to
(b) Shelter. (1) Every shelter in the two families) shall be provided in an
camp shall be constructed in a manner enclosed and screened shelter. Sanitary
which will provide protection against facilities shall be provided for storing
the elements. and preparing food.
(2) Each room used for sleeping pur- (11) All heating, cooking, and water
poses shall contain at least 50 square heating equipment shall be installed in
feet of floor space for each occupant. accordance with State and local ordi-
At least a 7–foot ceiling shall be pro- nances, codes, and regulations gov-
vided. erning such installations. If a camp is
(3) Beds, cots, or bunks, and suitable used during cold weather, adequate
storage facilities such as wall lockers heating equipment shall be provided.
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
bunks are used, they shall be spaced (2) A water supply shall be deemed
not less than 48 inches both laterally adequate if it is capable of delivering 35
and end to end. The minimum clear gallons per person per day to the camp-
space between the lower and upper site at a peak rate of 21⁄2 times the av-
bunk shall be not less than 27 inches. erage hourly demand.
Triple-deck bunks are prohibited. (3) The distribution lines shall be ca-
(4) The floors of each shelter shall be pable of supplying water at normal op-
constructed of wood, asphalt, or con- erating pressures to all fixtures for si-
crete. Wooden floors shall be of smooth multaneous operation. Water outlets
and tight construction. The floors shall shall be distributed throughout the
be kept in good repair. camp in such a manner that no shelter
(5) All wooden floors shall be ele- is more than 100 feet from a yard hy-
vated not less than 1 foot above the drant if water is not piped to the shel-
ground level at all points to prevent ters.
477
(4) Where water under pressure is into the pit or vault and the construc-
available, one or more drinking foun- tion of this drain shall be such as to ex-
tains shall be provided for each 100 oc- clude flies and rodents from the pit.
cupants or fraction thereof. Common (7) Every water closet installed on or
drinking cups are prohibited. after August 31, 1971, shall be located
(d) Toilet facilities. (1) Toilet facilities in a toilet room.
adequate for the capacity of the camp (8) Each toilet room shall be lighted
shall be provided. naturally, or artificially by a safe type
(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
478
camp shall be provided with at least festation by and harborage of animal

one ceiling-type light fixture and at or insect vectors or pests.
least one separate floor- or wall-type (k) First aid. (1) Adequate first aid fa-
convenience outlet. Laundry and toilet cilities approved by a health authority
rooms and rooms where people con- shall be maintained and made available
gregate shall contain at least one in every labor camp for the emergency
ceiling- or wall-type fixture. Light lev- treatment of injured persons.
els in toilet and storage rooms shall be (2) Such facilities shall be in charge
at least 20 foot-candles 30 inches from of a person trained to administer first
the floor. Other rooms, including aid and shall be readily accessible for
kitchens and living quarters, shall be use at all times.
at least 30 foot-candles 30 inches from (l) Reporting communicable disease. (1)
the floor. It shall be the duty of the camp super-
(h) Refuse disposal. (1) Fly-tight, ro- intendent to report immediately to the
dent-tight, impervious, cleanable or local health officer the name and ad-
single service containers, approved by dress of any individual in the camp
the appropriate health authority shall known to have or suspected of having a
be provided for the storage of garbage. communicable disease.
At least one such container shall be (2) Whenever there shall occur in any
provided for each family shelter and camp a case of suspected food poi-
shall be located within 100 feet of each soning or an unusual prevalence of any
shelter on a wooden, metal, or concrete illness in which fever, diarrhea, sore
stand. throat, vomiting, or jaundice is a
(2) Garbage containers shall be kept prominent symptom, it shall be the
clean. duty of the camp superintendent to re-
(3) Garbage containers shall be port immediately the existence of the
emptied when full, but not less than outbreak to the health authority by
twice a week. 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
FR 14696, Apr. 6, 1982; 49 FR 18295, Apr. 30,
multiple family feeding operations are 1984; 61 FR 9238, Mar. 7, 1996; 63 FR 33466,
permitted or provided, the food han- June 18, 1998; 70 FR 1141, Jan. 5, 2005; 70 FR
dling facilities shall comply with the 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. Danger
measures shall be taken to prevent in- signs shall be painted red.
479
(iii) Stop. Emergency stop bars on (2) Caution signs. (i) Caution signs
hazardous machines such as rubber shall be used only to warn against po-
mills, wire blocks, flat work ironers, tential hazards or to caution against
etc., shall be red. Stop buttons or elec- unsafe practices.
trical switches which letters or other (ii) All employees shall be instructed
markings appear, used for emergency that caution signs indicate a possible
stopping of machinery shall be red. hazard against which proper precaution
(2) [Reserved] should be taken.
(3) Yellow. Yellow shall be the basic (3) Safety instruction signs. Safety in-
color for designating caution and for struction signs shall be used where
marking physical hazards such as: there is a need for general instructions
Striking against, stumbling, falling, and suggestions relative to safety
tripping, and ‘‘caught in between.’’ measures.
(b) [Reserved] (d) Sign design—(1) Design features. All
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; 72 FR 71069, Dec.
sharp projections. The ends or heads of
14, 2007]
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.
(2) Danger signs. The colors red,
(a) Scope. (1) These specifications black, and white shall be those of
apply to the design, application, and opaque glossy samples as specified in
use of signs or symbols (as included in Table 1, ‘‘Fundamental Specification of
paragraphs (c) through (e) of this sec- Safety Colors for CIE Standard Source
tion) intended to indicate and, insofar ‘C,’ ’’ of ANSI Z53.1–1967 or in Table 1,
as possible, to define specific hazards of ‘‘Specification of the Safety Colors for
a nature such that failure to designate CIE Illuminate C and the CIE 1931, 2
them may lead to accidental injury to Standard Observer,’’ of ANSI Z535.1–
workers or the public, or both, or to 2006(R2011), incorporated by reference
property damage. These specifications in § 1910.6.
are intended to cover all safety signs (3) [Reserved]
except those designed for streets, high- (4) Caution signs. The standard color
ways, and railroads. These specifica- of the background shall be yellow; and
tions do not apply to plant bulletin the panel, black with yellow letters.
boards or to safety posters. Any letters used against the yellow
(2) All new signs and replacements of background shall be black. The colors
old signs shall be in accordance with shall be those of opaque glossy samples
these specifications. as specified in Table 1 of ANSI Z53.1–
(b) Definitions. As used in this sec- 1967 or Table 1 of ANSI Z535.1–
tion, the word sign refers to a surface 2006(R2011), incorporated by reference
on prepared for the warning of, or safe- in § 1910.6.
ty instructions of, industrial workers (5) [Reserved]
or members of the public who may be (6) Safety instruction signs. The stand-
exposed to hazards. Excluded from this ard color of the background shall be
definition, however, are news releases, white; and the panel, green with white
displays commonly known as safety letters. Any letters used against the
posters, and bulletins used for em- white background shall be black. The
ployee education. colors shall be those of opaque glossy
(c) Classification of signs according to samples as specified in Table 1 of ANSI
use—(1) Danger signs. (i) There shall be Z53.1–1967 or in Table 1 of ANSI Z535.1–
no variation in the type of design of 2006(R2011), incorporated by reference
signs posted to warn of specific dangers in § 1910.6.
and radiation hazards. (7)–(9) [Reserved]
(ii) All employees shall be instructed (10) Slow-moving vehicle emblem. This
that danger signs indicate immediate emblem (see fig. J–7) consists of a fluo-
danger and that special precautions are rescent yellow-orange triangle with a
necessary. dark red reflective border. The yellow-
480
orange fluorescent triangle is a highly of a biohazard and to identify equip-

visible color for daylight exposure. The ment, containers, rooms, materials, ex-
reflective border defines the shape of perimental animals, or combinations
the fluorescent color in daylight and thereof, which contain, or are contami-
creates a hollow red triangle in the nated with, viable hazardous agents.
path of motor vehicle headlights at For the purpose of this subparagraph
night. The emblem is intended as a the term ‘‘biological hazard,’’ or ‘‘bio-
unique identification for, and it shall hazard,’’ shall include only those infec-
be used only on, vehicles which by de- tious agents presenting a risk or poten-
sign move slowly (25 m.p.h. or less) on tial risk to the well-being of man.
the public roads. The emblem is not a (f) Accident prevention tags—(1) Scope
clearance marker for wide machinery and application. (i) This paragraph (f)
nor is it intended to replace required applies to all accident prevention tags
lighting or marking of slow-moving ve- used to identify hazardous conditions
hicles. Neither the color film pattern and provide a message to employees
and its dimensions nor the backing with respect to hazardous conditions as
shall be altered to permit use of adver- set forth in paragraph (f)(3) of this sec-
tising or other markings. The material, tion, or to meet the specific tagging re-
location, mounting, etc., of the em- quirements of other OSHA standards.
blem shall be in accordance with the (ii) This paragraph (f) does not apply
American Society of Agricultural En- to construction or agriculture.
gineers Emblem for Identifying Slow- (2) Definitions. Biological hazard or
Moving Vehicles, ASAE R276, 1967, or BIOHAZARD means those infectious
ASAE S276.2 (ANSI B114.1–1971), which agents presenting a risk of death, in-
are incorporated by reference as speci- jury or illness to employees.
fied in § 1910.6. 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-
ture the employee’s immediate atten-
tion.
FIGURE J–7—SLOW-MOVING VEHICLE EMBLEM Tag means a device usually made of
NOTE: All dimensions are in inches. card, paper, pasteboard, plastic or
other material used to identify a haz-
(e) Sign wordings. (1) [Reserved] ardous condition.
(2) Nature of wording. The wording of (3) Use. Tags shall be used as a means
any sign should be easily read and con- to prevent accidental injury or illness
cise. The sign should contain sufficient to employees who are exposed to haz-
information to be easily understood. ardous or potentially hazardous condi-
The wording should make a positive, tions, equipment or operations which
rather than negative suggestion and are out of the ordinary, unexpected or
should be accurate in fact. not readily apparent. Tags shall be
(3) [Reserved] used until such time as the identified
(4) Biological hazard signs. The biohazard is eliminated or the hazardous
logical hazard warning shall be used to operation is completed. Tags need not
signify the actual or potential presence be used where signs, guarding or other
481
EC27OC91.028
positive means of protection are being equipment, containers, rooms, experi-

used. mental animals, or combinations
(4) General tag criteria. All required thereof, that contain or are contami-
tags shall meet the following criteria: nated with hazardous biological agents.
(i) Tags shall contain a signal word (ii) The symbol design for biological
and a major message. hazard tags shall conform to the design
(A) The signal word shall be either shown below:
‘‘Danger,’’ ‘‘Caution,’’ or ‘‘Biological
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
COLOR CODING
of employee injury. Caution tags shall
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-
vention tags, the following color scheme is
be used to represent a hazard level be-
recommended by OSHA for meeting the re-
tween ‘‘Caution’’ and ‘‘Danger,’’ in- quirements of this section:
stead of the required ‘‘Caution’’ tag, ‘‘DANGER’’—Red, or predominantly red,
provided that they have a signal word 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-
trasting color.
this section.
‘‘WARNING’’—Orange, or predominantly
(8) Biological hazard tags. (i) Biologi- orange, with lettering or symbols in a con-
cal hazard tags shall be used to iden- trasting color.

tify the actual or potential presence of ‘‘BIOLOGICAL HAZARD’’—Fluorescent or-
a biological hazard and to identify ange or orange-red, or predominantly so,
482
EC27OC91.086
with lettering or symbols in a contrasting yard employment (parts 1928, 1926, and
color. 1915 of this chapter, respectively).
APPENDIX B TO § 1910.145(f)—REFERENCES FOR (b) Definitions.
FURTHER INFORMATION Acceptable entry conditions means the
conditions that must exist in a permit
The following references provide informa-
tion which can be helpful in understanding space to allow entry and to ensure that
the requirements contained in various sec- employees involved with a permit-re-
tions of the standard: quired confined space entry can safely
1. Bresnahan, Thomas F., and Bryk, Jo- enter into and work within the space.
seph, ‘‘The Hazard Association Values of Ac- Attendant means an individual sta-
cident Prevention Signs’’, Journal of Amer- tioned outside one or more permit
ican Society of Safety Engineers; January 1975. spaces who monitors the authorized en-
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
Colors and Signs in Workplaces, National Bu- permit space program.
reau of Standards, Washington DC, 1983. Authorized entrant means an em-
4. Graphic Symbols for Public Areas and Oc- ployee who is authorized by the em-
cupational Environments, Treasury Board of ployer to enter a permit space.
Canada, Ottawa, Canada, July 1980. Blanking or blinding means the abso-
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
Standards, Washington DC, July 1983. spectacle blind or a skillet blind) that
6. Lerner, N.D. and Collins, B.L., The As- completely covers the bore and that is
sessment of Safety Symbol Understandability by capable of withstanding the maximum
Different Testing Methods, National Bureau of pressure of the pipe, line, or duct with
Standards, Washington DC, 1980. no leakage beyond the plate.
7. Lerner, N.D. and Collins, B.L., Workplace Confined space means a space that:
Safety Symbols, National Bureau of Stand-
(1) Is large enough and so configured
ards, Washington DC, 1980.
8. Modley, R. and Meyers, W.R., Handbook that an employee can bodily enter and
of Pictorial Symbols, Dover Publication, New perform assigned work; and
York, NY, 1976. (2) Has limited or restricted means
9. Product Safety Signs and Labels, FMC Cor- for entry or exit (for example, tanks,
poration, Santa Clara, CA, 1978. vessels, silos, storage bins, hoppers,
10. Safety Color Coding for Marking Physical vaults, and pits are spaces that may
Hazards, Z53.1, American National Standards
have limited means of entry.); and
Institute, New York, NY, 1979.
11. Signs and Symbols for the Occupational (3) Is not designed for continuous em-
Environment, Can. 3–Z–321–77, Canadian ployee occupancy.
Standards Association, Ottawa, September Double block and bleed means the clo-
1977. sure of a line, duct, or pipe by closing
12. Symbols for Industrial Safety, National and locking or tagging two in-line
Bureau of Standards, Washington DC, April valves and by opening and locking or
1982.
13. Symbol Signs, U.S. Department of Trans-
tagging a drain or vent valve in the
portation, Washington DC, November 1974. line between the two closed valves.
Emergency means any occurrence (in-
[39 FR 23502, June 27, 1974, as amended at 43 cluding any failure of hazard control or
FR 49749, Oct. 24, 1978; 43 FR 51759, Nov. 7,
1978; 49 FR 5322, Feb. 10, 1984; 51 FR 33260, monitoring equipment) or event inter-
Sept. 19, 1986; 61 FR 9239, Mar. 7, 1996; 76 FR nal or external to the permit space
24698, May 2, 2011; 76 FR 44265, July 25, 2011; that could endanger entrants.
78 FR 35566, June 13, 2013] Engulfment means the surrounding
and effective capture of a person by a
§ 1910.146 Permit-required confined liquid or finely divided (flowable) solid
spaces. substance that can be aspirated to
(a) Scope and application. This section cause death by filling or plugging the
contains requirements for practices respiratory system or that can exert
and procedures to protect employees in enough force on the body to cause
general industry from the hazards of death by strangulation, constriction,
entry into permit-required confined or crushing.

spaces. This section does not apply to Entry means the action by which a
agriculture, to construction, or to ship- person passes through an opening into
483
a permit-required confined space. NOTE: An atmospheric concentration of

Entry includes ensuing work activities any substance that is not capable of causing
in that space and is considered to have death, incapacitation, impairment of ability
to self-rescue, injury, or acute illness due to
occurred as soon as any part of the en- its health effects is not covered by this pro-
trant’s body breaks the plane of an vision.
opening into the space.
Entry permit (permit) means the writ- (5) Any other atmospheric condition
ten or printed document that is pro- that is immediately dangerous to life
vided by the employer to allow and or health.
control entry into a permit space and NOTE: For air contaminants for which
that contains the information specified OSHA has not determined a dose or permis-
in paragraph (f) of this section. sible exposure limit, other sources of infor-
Entry supervisor means the person mation, such as Material Safety Data Sheets
that comply with the Hazard Communica-
(such as the employer, foreman, or tion Standard, § 1910.1200 of this part, pub-
crew chief) responsible for determining lished information, and internal documents
if acceptable entry conditions are can provide guidance in establishing accept-
present at a permit space where entry able atmospheric conditions.
is planned, for authorizing entry and
Hot work permit means the employer’s
overseeing entry operations, and for
written authorization to perform oper-
terminating entry as required by this
ations (for example, riveting, welding,
section.
cutting, burning, and heating) capable
NOTE: An entry supervisor also may serve of providing a source of ignition.
as an attendant or as an authorized entrant, Immediately dangerous to life or health
as long as that person is trained and (IDLH) means any condition that poses
equipped as required by this section for each an immediate or delayed threat to life
role he or she fills. Also, the duties of entry
or that would cause irreversible ad-
supervisor may be passed from one indi-
vidual to another during the course of an verse health effects or that would
entry operation. interfere with an individual’s ability to
escape unaided from a permit space.
Hazardous atmosphere means an at-
mosphere that may expose employees NOTE: Some materials—hydrogen fluoride
gas and cadmium vapor, for example—may
to the risk of death, incapacitation,
produce immediate transient effects that,
impairment of ability to self-rescue even if severe, may pass without medical at-
(that is, escape unaided from a permit tention, but are followed by sudden, possibly
space), injury, or acute illness from one fatal collapse 12–72 hours after exposure. The
or more of the following causes: victim ‘‘feels normal’’ from recovery from
(1) Flammable gas, vapor, or mist in transient effects until collapse. Such mate-
excess of 10 percent of its lower flam- rials in hazardous quantities are considered
mable limit (LFL); to be ‘‘immediately’’ dangerous to life or
health.
(2) Airborne combustible dust at a
concentration that meets or exceeds its Inerting means the displacement of
LFL; the atmosphere in a permit space by a
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-
scures vision at a distance of 5 feet (1.52 m) mosphere is noncombustible.
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 sub- space by such means as: blanking or
part G, Occupational Health and Envi- blinding; misaligning or removing sec-
ronmental Control, or in subpart Z, Toxic tions of lines, pipes, or ducts; a double
and Hazardous Substances, of this part block and bleed system; lockout or
and which could result in employee ex- tagout of all sources of energy; or
posure in excess of its dose or permis- blocking or disconnecting all mechan-
sible exposure limit; ical linkages.
484
Line breaking means the intentional Testing means the process by which
opening of a pipe, line, or duct that is the hazards that may confront entrants
or has been carrying flammable, corro- of a permit space are identified and
sive, or toxic material, an inert gas, or evaluated. Testing includes specifying
any fluid at a volume, pressure, or tem- the tests that are to be performed in
perature capable of causing injury. the permit space.
Non-permit confined space means a
confined space that does not contain NOTE: Testing enables employers both to
devise and implement adequate control
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
atmosphere containing less than 19.5 (c) General requirements. (1) The em-
percent oxygen by volume. ployer shall evaluate the workplace to
Oxygen enriched atmosphere means an determine if any spaces are permit- re-
atmosphere containing more than 23.5 quired confined spaces.
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-
istics: (2) If the workplace contains permit
(1) Contains or has a potential to spaces, the employer shall inform ex-
contain a hazardous atmosphere; posed employees, by posting danger
(2) Contains a material that has the signs or by any other equally effective
potential for engulfing an entrant; means, of the existence and location of
(3) Has an internal configuration and the danger posed by the permit
such that an entrant could be trapped spaces.
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
entry into permit spaces. (4) If the employer decides that its
Permit system means the employer’s employees will enter permit spaces, the
written procedure for preparing and employer shall develop and implement
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:
485
(A) The employer can demonstrate the space, or that employee’s author-
that the only hazard posed by the per- ized representative, shall be provided
mit space is an actual or potential haz- an opportunity to observe the pre-
ardous atmosphere; entry testing required by this para-
(B) The employer can demonstrate graph.
that continuous forced air ventilation (D) There may be no hazardous at-
alone is sufficient to maintain that mosphere within the space whenever
permit space safe for entry; any employee is inside the space.
(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
required by paragraph (c)(5)(i)(C) of (2) The forced air ventilation shall be
this section, the entry is performed in so directed as to ventilate the imme-
compliance with paragraphs (d) diate areas where an employee is or
through (k) of this section; will be present within the space and
(E) The determinations and sup- shall continue until all employees have
porting data required by paragraphs left the space;
(c)(5)(i)(A), (c)(5)(i)(B), and (c)(5)(i)(C) (3) The air supply for the forced air
of this section are documented by the ventilation shall be from a clean
employer and are made available to source and may not increase the haz-
each employee who enters the permit ards in the space.
space under the terms of paragraph (F) The atmosphere within the space
(c)(5) of this section or to that employ- shall be periodically tested as nec-
ee’s authorized representative; and essary to ensure that the continuous
(F) Entry into the permit space forced air ventilation is preventing the
under the terms of paragraph (c)(5)(i) accumulation of a hazardous atmos-
of this section is performed in accord- phere. Any employee who enters the
ance with the requirements of para- space, or that employee’s authorized
graph (c)(5)(ii) of this section. representative, shall be provided with
an opportunity to observe the periodic
NOTE: See paragraph (c)(7) of this section
for reclassification of a permit space after testing required by this paragraph.
all hazards within the space have been elimi- (G) If a hazardous atmosphere is de-
nated. tected during entry:
(ii) The following requirements apply (1) Each employee shall leave the
to entry into permit spaces that meet space immediately;
the conditions set forth in paragraph (2) The space shall be evaluated to
(c)(5)(i) of this section. determine how the hazardous atmos-
(A) Any conditions making it unsafe phere developed; and
to remove an entrance cover shall be (3) Measures shall be implemented to
eliminated before the cover is removed. protect employees from the hazardous
(B) When entrance covers are re- atmosphere before any subsequent
moved, the opening shall be promptly entry takes place.
guarded by a railing, temporary cover, (H) The employer shall verify that
or other temporary barrier that will the space is safe for entry and that the
prevent an accidental fall through the pre-entry measures required by para-
opening and that will protect each em- graph (c)(5)(ii) of this section have been
ployee working in the space from for- taken, through a written certification
eign objects entering the space. that contains the date, the location of
(C) Before an employee enters the the space, and the signature of the per-
space, the internal atmosphere shall be son providing the certification. The
tested, with a calibrated direct-reading certification shall be made before
instrument, for oxygen content, for entry and shall be made available to
flammable gases and vapors, and for each employee entering the space or to
potential toxic air contaminants, in that employee’s authorized representa-
that order. Any employee who enters tive .
486
(6) When there are changes in the use (8) When an employer (host em-
or configuration of a non-permit con- ployer) arranges to have employees of
fined space that might increase the another employer (contractor) perform
hazards to entrants, the employer shall work that involves permit space entry,
reevaluate that space and, if necessary, the host employer shall:
reclassify it as a permit-required con- (i) Inform the contractor that the
fined space. workplace contains permit spaces and
(7) A space classified by the employer that permit space entry is allowed only
as a permit-required confined space through compliance with a permit
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 mit spaces, as required by paragraph
eliminated, the permit space may be (d)(11) of this section; and
reclassified as a non-permit confined (v) Debrief the contractor at the con-
space for as long as the hazards remain clusion of the entry operations regard-
eliminated. ing the permit space program followed
and regarding any hazards confronted
NOTE: Control of atmospheric hazards
through forced air ventilation does not con- or created in permit spaces during
stitute elimination of the hazards. Para- entry operations.
graph (c)(5) covers permit space entry where (9) In addition to complying with the
the employer can demonstrate that forced permit space requirements that apply
air ventilation alone will control all hazards to all employers, each contractor who
in the space. is retained to perform permit space
(iii) The employer shall document entry operations shall:
the basis for determining that all haz- (i) Obtain any available information
ards in a permit space have been elimi- regarding permit space hazards and
nated, through a certification that con- entry operations from the host em-
tains the date, the location of the ployer;
space, and the signature of the person (ii) Coordinate entry operations with
making the determination. The certifi- the host employer, when both host em-
cation shall be made available to each ployer personnel and contractor per-
employee entering the space or to that sonnel will be working in or near per-
employee’s authorized representative. mit spaces, as required by paragraph
(iv) If hazards arise within a permit (d)(11) of this section; and
space that has been declassified to a (iii) Inform the host employer of the
non-permit space under paragraph permit space program that the con-
(c)(7) of this section, each employee in tractor will follow and of any hazards
the space shall exit the space. The em- confronted or created in permit spaces,
ployer shall then reevaluate the space either through a debriefing or during
and determine whether it must be re- the entry operation.
classified as a permit space, in accord- (d) Permit-required confined space pro-

ance with other applicable provisions gram (permit space program). Under
of this section. the permit space program required by
487
paragraph (c)(4) of this section, the em- (viii) Rescue and emergency equip-
ployer shall: ment needed to comply with paragraph
(1) Implement the measures nec- (d)(9) of this section, except to the ex-
essary to prevent unauthorized entry; tent that the equipment is provided by
(2) Identify and evaluate the hazards rescue services; and
of permit spaces before employees (ix) Any other equipment necessary
enter them; for safe entry into and rescue from per-
(3) Develop and implement the mit spaces.
means, procedures, and practices nec- (5) Evaluate permit space conditions
essary for safe permit space entry oper- as follows when entry operations are
ations, including, but not limited to, conducted:
the following: (i) Test conditions in the permit
(i) Specifying acceptable entry condi- space to determine if acceptable entry
tions; conditions exist before entry is author-
(ii) Providing each authorized en- ized to begin, except that, if isolation
trant or that employee’s authorized of the space is infeasible because the
representative with the opportunity to space is large or is part of a continuous
observe any monitoring or testing of system (such as a sewer), pre-entry
permit spaces; testing shall be performed to the ex-
(iii) Isolating the permit space; tent feasible before entry is authorized
(iv) Purging, inerting, flushing, or and, if entry is authorized, entry condi-
ventilating the permit space as nections shall be continuously monitored
essary to eliminate or control atmos- in the areas where authorized entrants
pheric hazards; are working;
(v) Providing pedestrian, vehicle, or (ii) Test or monitor the permit space
other barriers as necessary to protect as necessary to determine if acceptable
entrants from external hazards; and entry conditions are being maintained
(vi) Verifying that conditions in the during the course of entry operations;
permit space are acceptable for entry and
throughout the duration of an author- (iii) When testing for atmospheric
ized entry. hazards, test first for oxygen, then for
(4) Provide the following equipment combustible gases and vapors, and then
(specified in paragraphs (d)(4)(i) for toxic gases and vapors.
through (d)(4)(ix) of this section) at no (iv) Provide each authorized entrant
cost to employees, maintain that or that employee’s authorized rep-
equipment properly, and ensure that resentative an opportunity to observe
employees use that equipment prop- the pre-entry and any subsequent test-
erly: ing or monitoring of permit spaces;
(i) Testing and monitoring equipment (v) Reevaluate the permit space in
needed to comply with paragraph (d)(5) the presence of any authorized entrant
of this section; or that employee’s authorized rep-
(ii) Ventilating equipment needed to resentative who requests that the em-
obtain acceptable entry conditions; ployer conduct such reevaluation be-
(iii) Communications equipment nec- cause the entrant or representative has
essary for compliance with paragraphs reason to believe that the evaluation of
(h)(3) and (i)(5) of this section; that space may not have been ade-
(iv) Personal protective equipment quate;
insofar as feasible engineering and (vi) Immediately provide each au-
work practice controls do not ade- thorized entrant or that employee’s au-
quately protect employees; thorized representative with the re-
(v) Lighting equipment needed to en- sults of any testing conducted in ac-
able employees to see well enough to cord with paragraph (d) of this section.
work safely and to exit the space
quickly in an emergency; NOTE: Atmospheric testing conducted in
accordance with appendix B to § 1910.146
(vi) Barriers and shields as required
would be considered as satisfying the re-
by paragraph (d)(3)(v) of this section. quirements of this paragraph. For permit
(vii) Equipment, such as ladders, space operations in sewers, atmospheric test-

needed for safe ingress and egress by ing conducted in accordance with appendix
authorized entrants; B, as supplemented by appendix E to
488
§ 1910.146, would be considered as satisfying essary for concluding the entry after
the requirements of this paragraph. entry operations have been completed;
(6) Provide at least one attendant (13) Review entry operations when
outside the permit space into which the employer has reason to believe that
entry is authorized for the duration of the measures taken under the permit
entry operations; space program may not protect em-
ployees and revise the program to cor-
NOTE: Attendants may be assigned to mon- rect deficiencies found to exist before
itor more than one permit space provided the
subsequent entries are authorized; and
duties described in paragraph (i) of this sec-
tion can be effectively performed for each NOTE: Examples of circumstances requiring
permit space that is monitored. Likewise, at- the review of the permit space program are:
tendants may be stationed at any location any unauthorized entry of a permit space,
outside the permit space to be monitored as the detection of a permit space hazard not
long as the duties described in paragraph (i) covered by the permit, the detection of a
of this section can be effectively performed condition prohibited by the permit, the oc-
for each permit space that is monitored. currence of an injury or near-miss during
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-
cedures to enable the attendant to re- (14) Review the permit space pro-
spond to an emergency affecting one or gram, using the canceled permits re-
more of the permit spaces being mon- tained under paragraph (e)(6) of this
itored without distraction from the at- section within 1 year after each entry
tendant’s responsibilities under para- and revise the program as necessary, to
graph (i) of this section; ensure that employees participating in
(8) Designate the persons who are to entry operations are protected from
have active roles (as, for example, au- permit space hazards.
thorized entrants, attendants, entry NOTE: Employers may perform a single an-
supervisors, or persons who test or nual review covering all entries performed
monitor the atmosphere in a permit during a 12-month period. If no entry is per-
space) in entry operations, identify the formed during a 12-month period, no review
duties of each such employee, and pro- is necessary.
vide each such employee with the Appendix C to § 1910.146 presents examples of
training required by paragraph (g) of permit space programs that are considered
this section; to comply with the requirements of para-
(9) Develop and implement proce- graph (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-
(10) Develop and implement a system amples of permits whose elements are con-
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.
489
(4) The duration of the permit may dures for purging, inerting, ventilating, and
not exceed the time required to com- flushing permit spaces.
plete the assigned task or job identi- (9) The acceptable entry conditions;
fied on the permit in accordance with
(10) The results of initial and periodic
paragraph (f)(2) of this section.
(5) The entry supervisor shall termi- tests performed under paragraph (d)(5)
nate entry and cancel the entry permit of this section, accompanied by the
when: names or initials of the testers and by
(i) The entry operations covered by an indication of when the tests were
the entry permit have been completed; performed;
or (11) The rescue and emergency serv-
(ii) A condition that is not allowed ices that can be summoned and the
under the entry permit arises in or means (such as the equipment to use
near the permit space. and the numbers to call) for sum-
(6) The employer shall retain each moning those services;
canceled entry permit for at least 1 (12) The communication procedures
year to facilitate the review of the per- used by authorized entrants and at-
mit-required confined space program tendants to maintain contact during
required by paragraph (d)(14) of this the entry;
section. Any problems encountered
(13) Equipment, such as personal pro-

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Subtitle B—Regulations

PART 1902—STATE PLANS FOR THE 1902.33 Developmental period.

Subpart A—General BASIS FOR 18(e) DETERMINATIONS

FR 3912, Jan. 25, 2012).

Subpart A—General gated under section 6 of the Act which

as effective in providing safe and fording the State an opportunity for a

comply substantially with any provi- will be at least as effective in providing

on interstate commerce, shall be treat- essary for the enforcement of the

pertaining to work-related deaths, in- development and promulgation of

ative, by providing for consultation by places of employment which could rea-

dertake programs to encourage vol- (B) A means for employees to bring

(C) Notification to employees, or the purpose of this part, as expressed in

shown to be at least as effective as the

Subpart C—Procedures for Sub- PROCEDURE FOR PROPOSED OR POSSIBLE

§ 1902.17. cerning the plan.

any evidence submitted in such a hear- DECISIONS

issue a tentative decision either ap-

as the Assistant Secretary) under a pletion by the State, as well as those

changes deemed necessary as a result following initial approval of the plan

State is required to maintain a pro- mission and consideration of develop-

rent Federal enforcement authority Federal interpretation and application.

manner at least as effective as under shall prepare a semi-annual report of

notice in the FEDERAL REGISTER, the with regard to the proceeding.

FEDERAL REGISTER, required by para- (5) To take official notice of material

(4) To regulate the conduct of those published in the FEDERAL REGISTER.

§ 1902.48 The proceeding. ing presentations shall be certified by

ing, the transcript thereof, together 1903.16 Posting of citations.

employer or by an employee or author- increases, the size of the print shall

ployer. fare under section 8 of the Act and pur-

inspections in accordance with agree- a warrant prior to leaving to conduct

inspection will not be allowed; ployer and employees or the appro-

the Secretary or his designees, shall, spection, Compliance Safety and

agent in charge at the establishment; (f) Inspections shall be conducted in

conditions in the workplace.

accompany the Compliance Safety and secrets, processes, operations, style of

with, such department or agency or of- (a) Any employee or representative of

abatement of the alleged violation. employee, including failing to provide

(3)(i) Such employee is employed in a alteration of facilities cannot be com-

ability of professional or technical per- representative shall not exercise his

§ 1903.16 Posting of citations. convenience of the user, the revised text is

graph (c)(3) of this section, documents tion was taken.

to which the submission relates; tached until:

required by this regulation have been llllllllllllllllllllllll

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

notice of intention to contest. The set-

PART 1904—RECORDING AND RE- APPENDIX A TO SUBPART E TO PART 1904—

must keep records under § 1904.41 or by my company? The partial industry

§ 1904.3 Keeping records for more than NAICS Code Industry

5173 ............ Telecommunications Resellers. Similar Organizations.

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

§ 1904.5 Determination of work-relat- the work environment as ‘‘the estab-

cifically applies. of the following exceptions is not work-

1904.5(b)(2) You are not required to record injuries and illnesses if . . .

(3) How do I handle a case if it is not (iv) Medical treatment in a case

You may use the following to determine if an injury or illness is

transfer or restriction in the same way (B) Administering tetanus immuniza-

scription strength is considered med- these treatments are provided by a

(4) What if one of my employees is the employee has experienced a work-

(b) Implementation—(1) Do I have to injury or illness has occurred.

same information, is as readable and (9) If I have removed the employee’s

tablishment. temporary help service, employee leasing

§ 1904.34 Change in business owner- (iii) If an employee or representative