[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]
29
Labor
[[Page i]]
PART 1926
Revised as of July 1, 1997
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1997
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1997
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 29:
Subtitle B--Regulations Relating to Labor (Continued):
Chapter XVII--Occupational Safety and Health
Administration, Department of Labor (Continued) 5
Finding Aids:
Material Approved for Incorporation by Reference.......... 621
Table of CFR Titles and Chapters.......................... 625
Alphabetical List of Agencies Appearing in the CFR........ 641
Redesignation Table....................................... 651
List of CFR Sections Affected............................. 653
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in this volume use title, part
and section number. Thus, 29 CFR 1926.1 refers to title
29, part 1926, section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
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To determine whether a Code volume has been amended since its
revision date (in this case, July 1, 1997), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
SALES
The Government Printing Office (GPO) processes all sales and
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Customer Service call 202-512-1803.
Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1997.
[[Page ix]]
THIS TITLE
Title 29--Labor is composed of nine volumes. The parts in these
volumes are arranged in the following order: parts 0-99, parts 100-499,
parts 500-899, parts 900-1899, parts 1900-1910.999, part 1910.1000-end,
parts 1911-1925, part 1926, and part 1927 to end. The contents of these
volumes represent all current regulations codified under this title as
of July 1, 1997.
The OMB control numbers for title 29 CFR part 1910 appear in
Sec. 1910.8. For the convenience of the user, Sec. 1910.8 appears in the
Finding Aids section of the volume containing Sec. 1910.1000 to the end.
Redesignation tables appear in the Finding Aids section of the
eighth volume.
Subject indexes appear following the occupational safety and health
standards (part 1910), and following the safety and health regulations
for: Longshoring (part 1918), Gear Certification (part 1919), and
Construction (part 1926).
For this volume, Gwendolyn J. Henderson was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 29--LABOR
(This book contains part 1926)
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SUBTITLE B--Regulations Relating to Labor (Continued):
Part
Chapter xvii--Occupational Safety and Health Administration,
Department of Labor (Continued)........................... 1926
Cross References: Other regulations issued by the Department of Labor
appear in 20 CFR chapters I, IV, V, VI and VII; 41 CFR chapters 50,
60, and 61; and 48 CFR chapter 29. For ``Standards for a Merit System
of Personnel Administration'': See 5 CFR part 900, subpart F.
[[Page 3]]
Subtitle B--Regulations Relating to Labor (Continued)
[[Page 5]]
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR--(Continued)
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Part Page
1926 Safety and health regulations for
construction............................ 7
Subject index to Part 1926--Safety and
health regulations for construction..... 606
[[Page 7]]
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--Table of Contents
Subpart A--General
Sec.
1926.1 Purpose and scope.
1926.2 Variances from safety and health standards.
1926.3 Inspections--right of entry.
1926.4 Rules of practice for administrative adjudications for
enforcement of safety and health standards.
1926.5 OMB control numbers under the Paperwork Reduction Act.
Subpart B--General Interpretations
1926.10 Scope of subpart.
1926.11 Coverage under section 103 of the act distinguished.
1926.12 Reorganization Plan No. 14 of 1950.
1926.13 Interpretation of statutory terms.
1926.14 Federal contract for ``mixed'' types of performance.
1926.15 Relationship to the Service Contract Act; Walsh-Healey Public
Contracts Act.
1926.16 Rules of construction.
Subpart C--General Safety and Health Provisions
1926.20 General safety and health provisions.
1926.21 Safety training and education.
1926.22 Recording and reporting of injuries. [Reserved]
1926.23 First aid and medical attention.
1926.24 Fire protection and prevention.
1926.25 Housekeeping.
1926.26 Illumination.
1926.27 Sanitation.
1926.28 Personal protective equipment.
1926.29 Acceptable certifications.
1926.30 Shipbuilding and ship repairing.
1926.31 Incorporation by reference.
1926.32 Definitions.
1926.33 Access to employee exposure and medical records.
1926.34 Means of egress.
1926.35 Employee emergency action plans.
Subpart D--Occupational Health and Environmental Controls
1926.50 Medical services and first aid.
1926.51 Sanitation.
1926.52 Occupational noise exposure.
1926.53 Ionizing radiation.
1926.54 Nonionizing radiation.
1926.55 Gases, vapors, fumes, dusts, and mists.
1926.56 Illumination.
1926.57 Ventilation.
1926.58 [Reserved]
1926.59 Hazard communication.
1926.60 Methylenedianiline.
1926.61 Retention of DOT markings, placards and labels.
1926.62 Lead.
1926.64 Process safety management of highly hazardous chemicals.
1926.65 Hazardous waste operations and emergency response.
1926.66 Criteria for design and construction of spray booths.
Subpart E--Personal Protective and Life Saving Equipment
1926.95 Criteria for personal protective equipment.
1926.96 Occupational foot protection.
1926.97--1926.98 [Reserved]
1926.100 Head protection.
1926.101 Hearing protection.
1926.102 Eye and face protection.
1926.103 Respiratory protection.
1926.104 Safety belts, lifelines, and lanyards.
1926.105 Safety nets.
1926.106 Working over or near water.
1926.107 Definitions applicable to this subpart.
Subpart F--Fire Protection and Prevention
1926.150 Fire protection.
1926.151 Fire prevention.
1926.152 Flammable and combustible liquids.
1926.153 Liquefied petroleum gas (LP-Gas).
1926.154 Temporary heating devices.
1926.155 Definitions applicable to this subpart.
Subpart G--Signs, Signals, and Barricades
1926.200 Accident prevention signs and tags.
1926.201 Signaling.
1926.202 Barricades.
1926.203 Definitions applicable to this subpart.
Subpart H--Materials Handling, Storage, Use, and Disposal
1926.250 General requirements for storage.
1926.251 Rigging equipment for material handling.
1926.252 Disposal of waste materials.
Subpart I--Tools--Hand and Power
1926.300 General requirements.
1926.301 Hand tools.
1926.302 Power-operated hand tools.
1926.303 Abrasive wheels and tools.
1926.304 Woodworking tools.
1926.305 Jacks--lever and ratchet, screw, and hydraulic.
1926.306 Air receivers.
1926.307 Mechanical power-transmission apparatus.
[[Page 8]]
Subpart J--Welding and Cutting
1926.350 Gas welding and cutting.
1926.351 Arc welding and cutting.
1926.352 Fire prevention.
1926.353 Ventilation and protection in welding, cutting, and heating.
1926.354 Welding, cutting, and heating in way of preservative coatings.
Subpart K--Electrical
General
1926.400 Introduction.
1926.401 [Reserved]
Installation Safety Requirements
1926.402 Applicability.
1926.403 General requirements.
1926.404 Wiring design and protection.
1926.405 Wiring methods, components, and equipment for general use.
1926.406 Specific purpose equipment and installations.
1926.407 Hazardous (classified) locations.
1926.408 Special systems.
1926.409--1926.415 [Reserved]
Safety-Related Work Practices
1926.416 General requirements.
1926.417 Lockout and tagging of circuits.
1926.418--1926.430 [Reserved]
Safety-Related Maintenance and Environmental Considerations
1926.431 Maintenance of equipment.
1926.432 Environmental deterioration of equipment.
1926.433--1926.440 [Reserved]
Safety Requirements for Special Equipment
1926.441 Batteries locations and battery charging.
1926.442--1926.448 [Reserved]
Definitions
1926.449 Definitions applicable to this subpart.
Subpart L--Scaffolds
1926.450 Scope, application and definitions applicable to this subpart.
1926.451 General requirements.
1926.452 Additional requirements applicable to specific types of
scaffolds.
1926.453 Aerial lifts.
1926.454 Training.
Appendix A to Subpart L--Scaffolds
Appendix B to Subpart L--Scaffolds
Appendix C to Subpart L--Scaffolds
Appendix D to Subpart L--Scaffolds
Appendix E to Subpart L--Scaffolds
Subpart M--Fall Protection
1926.500 Scope, application, and definitions applicable to this
subpart.
1926.501 Duty to have fall protection.
1926.502 Fall protection systems criteria and practices.
1926.503 Training requirements.
Appendix A to Subpart M--Determining Roof Widths
Appendix B to Subpart M--Guardrail Systems
Appendix C to Subpart M--Personal Fall Arrest Systems
Appendix D to Subpart M--Positioning Device Systems
Appendix E to Subpart M--Sample Fall Protection Plans
Subpart N--Cranes, Derricks, Hoists, Elevators, and Conveyors
1926.550 Cranes and derricks.
1926.551 Helicopters.
1926.552 Material hoists, personnel hoists, and elevators.
1926.553 Base-mounted drum hoists.
1926.554 Overhead hoists.
1926.555 Conveyors.
Subpart O--Motor Vehicles, Mechanized Equipment, and Marine Operations
1926.600 Equipment.
1926.601 Motor vehicles.
1926.602 Material handling equipment.
1926.603 Pile driving equipment.
1926.604 Site clearing.
1926.605 Marine operations and equipment.
1926.606 Definitions applicable to this subpart.
Subpart P--Excavations
1926.650 Scope, application, and definitions applicable to this
subpart.
1926.651 Specific excavation requirements.
1926.652 Requirements for protective systems.
Appendix A to Subpart P--Soil Classification
Appendix B to Subpart P--Sloping and Benching
Appendix C to Subpart P--Timber Shoring for Trenches
Appendix D to Subpart P--Aluminum Hydraulic Shoring for Trenches
Appendix E to Subpart P--Alternatives to Timber Shoring
Appendix F to Subpart P--Selection of Protective Systems
Subpart Q--Concrete and Masonry Construction
1926.700 Scope, application, and definitions applicable to this
subpart.
[[Page 9]]
1926.701 General requirements.
1926.702 Requirements for equipment and tools.
1926.703 Requirements for cast-in-place concrete.
1926.704 Requirements for precast concrete.
1926.705 Requirements for lift-slab construction operations.
1926.706 Requirements for masonry construction.
Appendix A to Subpart Q--References to Subpart Q of Part 1926
Subpart R--Steel Erection
1926.750 Flooring requirements.
1926.751 Structural steel assembly.
1926.752 Bolting, riveting, fitting-up, and plumbing-up.
Subpart S--Underground Construction, Caissons, Cofferdams and Compressed
Air
1926.800 Underground construction.
1926.801 Caissons.
1926.802 Cofferdams.
1926.803 Compressed air.
1926.804 Definitions applicable to this subpart.
Appendix A to Subpart S--Decompression Tables
Subpart T--Demolition
1926.850 Preparatory operations.
1926.851 Stairs, passageways, and ladders.
1926.852 Chutes.
1926.853 Removal of materials through floor openings.
1926.854 Removal of walls, masonry sections, and chimneys.
1926.855 Manual removal of floors.
1926.856 Removal of walls, floors, and material with equipment.
1926.857 Storage.
1926.858 Removal of steel construction.
1926.859 Mechanical demolition.
1926.860 Selective demolition by explosives.
Subpart U--Blasting and the Use of Explosives
1926.900 General provisions.
1926.901 Blaster qualifications.
1926.902 Surface transportation of explosives.
1926.903 Underground transportation of explosives.
1926.904 Storage of explosives and blasting agents.
1926.905 Loading of explosives or blasting agents.
1926.906 Initiation of explosive charges--electric blasting.
1926.907 Use of safety fuse.
1926.908 Use of detonating cord.
1926.909 Firing the blast.
1926.910 Inspection after blasting.
1926.911 Misfires.
1926.912 Underwater blasting.
1926.913 Blasting in excavation work under compressed air.
1926.914 Definitions applicable to this subpart.
Subpart V--Power Transmission and Distribution
1926.950 General requirements.
1926.951 Tools and protective equipment.
1926.952 Mechanical equipment.
1926.953 Material handling.
1926.954 Grounding for protection of employees.
1926.955 Overhead lines.
1926.956 Underground lines.
1926.957 Construction in energized substations.
1926.958 External load helicopters.
1926.959 Lineman's body belts, safety straps, and lanyards.
1926.960 Definitions applicable to this subpart.
Subpart W--Rollover Protective Structures; Overhead Protection
1926.1000 Rollover protective structures (ROPS) for material handling
equipment.
1926.1001 Minimum performance criteria for rollover protective
structures for designated scrapers, loaders, dozers, graders,
and crawler tractors.
1926.1002 Protective frames (roll-over protective structures, known as
ROPS) for wheel-type agricultural and industrial tractors used
in construction.
1926.1003 Overhead protection for operators of agricultural and
industrial tractors.
Subpart X--Stairways and Ladders
1926.1050 Scope, application, and definitions applicable to this
subpart.
1926.1051 General requirements.
1926.1052 Stairways.
1926.1053 Ladders.
1926.1054--1926.1059 [Reserved]
1926.1060 Training requirements.
Appendix A to Subpart X--Ladders
Subpart Y--Diving
General
1926.1071 Scope and application.
1926.1072 Definitions.
Personnel Requirements
1926.1076 Qualifications of dive team.
General Operations Procedures
1926.1080 Safe practices manual.
1926.1081 Pre-dive procedures.
[[Page 10]]
1926.1082 Procedures during dive.
1926.1083 Post-dive procedures.
Specific Operations Procedures
1926.1084 SCUBA diving.
1926.1085 Surface-supplied air diving.
1926.1086 Mixed-gas diving.
1926.1087 Liveboating.
Equipment Procedures and Requirements
1926.1090 Equipment.
Recordkeeping
1926.1091 Recordkeeping requirements.
1926.1092 Effective date.
Appendix A to Subpart Y--Examples of Conditions Which May Restrict or
Limit Exposure to Hyperbaric Conditions
Appendix B to Subpart Y--Guidelines for Scientific Diving
Subpart Z--Toxic and Hazardous Substances
1926.1100 [Reserved]
1926.1101 Asbestos.
1926.1102 Coal tar pitch volatiles; interpretation of term.
1926.1103 13 carcinogens (4-Nitrobiphenyl, etc.).
1926.1104 alpha-Naphthylamine.
1926.1105 [Reserved]
1926.1106 Methyl chloromethyl ether.
1926.1107 3,3'-Dichlorobenzidiene (and its salts).
1926.1108 bis-Chloromethyl ether.
1926.1109 beta-Naphthylamine.
1926.1110 Benzidine.
1926.1111 4-Aminodiphenyl.
1926.1112 Ethyleneimine.
1926.1113 beta-Propiolactone.
1926.1114 2-Acetylaminofluorene.
1926.1115 4-Dimethylaminoazobenzene.
1926.1116 N-Nitrosodimethylamine.
1926.1117 Vinyl chloride.
1926.1118 Inorganic arsenic.
1926.1127 Cadmium.
1926.1128 Benzene.
1926.1129 Coke oven emissions.
1926.1144 1,2-dibromo-3-chloropropane.
1926.1145 Acrylonitrile.
1926.1147 Ethylene oxide.
1926.1148 Formaldehyde.
1926.1152 Methylene chloride.
Appendix A to Part 1926--Designations for General Industry Standards
Incorporated Into Body of Construction Standards
Subject Index for Part 1926--Safety and Health Regulations for
Construction
Source: 44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, unless
otherwise noted.
Editorial Note: At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR
20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29
CFR part 1926 together with certain General Industry Occupational Safety
and Health Standards contained in 29 CFR part 1910, which have been
identified as also applicable to construction work. This republication
developed a single set of OSHA regulations for both labor and management
forces within the construction industry.
Subpart A--General
Authority: Sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8. Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), of 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sec. 1926.1 Purpose and scope.
(a) This part sets forth the safety and health standards promulgated
by the Secretary of Labor under section 107 of the Contract Work Hours
and Safety Standards Act. The standards are published in subpart C of
this part and following subparts.
(b) Subpart B of this part contains statements of general policy and
interpretations of section 107 of the Contract Work Hours and Safety
Standards Act having general applicability.
Sec. 1926.2 Variances from safety and health standards.
(a) Variances from standards which are, or may be, published in this
part may be granted under the same circumstances whereunder variances
may be granted under section 6(b)(A) or 6(d) of the Williams-Steiger
Occupational Safety and Health Act of 1970 (29 U.S.C. 65). The
procedures for the granting of variances and for related relief under
this part are those published in part 1905 of this title.
(b) Any requests for variances under this section shall also be
considered requests for variances under the Williams-Steiger
Occupational Safety and Health Act of 1970, and any requests for
variances under Williams-Steiger Occupational Safety and Health Act with
respect to construction safety or health standards shall be considered
to be also variances under the Construction Safety Act. Any variance
from a
[[Page 11]]
construction safety or health standard which is contained in this part
and which is incorporated by reference in part 1910 of this title shall
be deemed a variance from the standard under both the Construction
Safety Act and the Williams-Steiger Occupational Safety and Health Act
of 1970.
Sec. 1926.3 Inspections--right of entry.
(a) It shall be a condition of each contract which is subject to
section 107 of the Contract Work Hours and Safety Standards Act that the
Secretary of Labor or any authorized representative shall have a right
of entry to any site of contract performance for the following purposes:
(1) To inspect or investigate the matter of compliance with the
safety and health standards contained in subpart C of this part and
following subparts; and
(2) To carry out the duties of the Secretary under section 107(b) of
the Act.
(b) For the purpose of carrying out his investigative duties under
the Act, the Secretary of Labor may, by agreement, use with or without
reimbursement the services, personnel, and facilities of any State or
Federal agency. Any agreements with States under this section shall be
similar to those provided for under the Walsh-Healey Public Contracts
Act under 41 CFR part 50-205.
Sec. 1926.4 Rules of practice for administrative adjudications for enforcement of safety and health standards.
(a) The rules of practice for administrative adjudications for the
enforcement of the safety and health standards contained in subpart C of
this part and the following subparts shall be the same as those
published in part 6 of this title with respect to safety and health
violations of the Service Contract Act of 1965 (69 Stat. 1035), except
as provided in paragraph (b) of this section.
(b) In the case of debarment, the findings required by section
107(d) of the Act shall be made by the hearing examiner or the Assistant
Secretary of Labor for Occupational Safety and Health, as the case may
be. Whenever, as provided in section 107(d)(2), a contractor requests
termination of debarment before the end of the 3-year period prescribed
in that section, the request shall be filed in writing with the
Assistant Secretary of Labor for Occupational Safety and Health who
shall publish a notice in the Federal Register that the request has been
received and afford interested persons an opportunity to be heard upon
the request, and thereafter the provisions of part 6 of this title shall
apply with respect to prehearing conferences, hearings and related
matters, and decisions and orders.
Sec. 1926.5 OMB control numbers under the Paperwork Reduction Act.
The following sections or paragraphs each contain a collection of
information requirement which has been approved by the Office of
Management and Budget under the control number listed.
------------------------------------------------------------------------
OMB
29 CFR citation control
No.
------------------------------------------------------------------------
1926.33..................................................... 1218-0065
1926.50..................................................... 1218-0093
1926.52..................................................... 1218-0048
1926.53..................................................... 1218-0103
1926.59..................................................... 1218-0072
1926.60..................................................... 1218-0183
1926.62..................................................... 1218-0189
1926.64..................................................... 1218-0200
1926.65..................................................... 1218-0202
1926.103.................................................... 1218-0099
1926.152.................................................... 1218-0210
1926.200.................................................... 1218-0132
1926.250.................................................... 1218-0093
1926.251.................................................... 1218-0210
1926.403.................................................... 1218-0130
1926.404.................................................... 1218-0130
1926.405.................................................... 1218-0130
1926.407.................................................... 1218-0130
1926.408.................................................... 1218-0130
1926.502.................................................... 1218-0197
1926.503.................................................... 1218-0197
1926.550(a)(1).............................................. 1218-0115
1926.550(a)(6).............................................. 1218-0113
1926.550(a)(11)............................................. 1218-0054
1926.550(b)(2).............................................. 1218-0210
1926.550(g)................................................. 1218-0151
1926.552.................................................... 1218-0210
1926.652.................................................... 1218-0137
1926.703.................................................... 1218-0095
1926.800.................................................... 1218-0067
1926.803.................................................... 1218-0067
1926.900.................................................... 1218-0210
1926.903.................................................... 1218-0210
1926.1001................................................... 1218-0210
1926.1002................................................... 1218-0210
1926.1080................................................... 1218-0069
1926.1081................................................... 1218-0069
1926.1083................................................... 1218-0069
1926.1090................................................... 1218-0069
1926.1091................................................... 1218-0069
1926.1101................................................... 1218-0133
1926.1103................................................... 1218-0085
[[Page 12]]
1926.1104................................................... 1218-0084
1926.1106................................................... 1218-0086
1926.1107................................................... 1218-0083
1926.1108................................................... 1218-0087
1926.1109................................................... 1218-0089
1926.1110................................................... 1218-0082
1926.1111................................................... 1218-0090
1926.1112................................................... 1218-0080
1926.1113................................................... 1218-0079
1926.1114................................................... 1218-0088
1926.1115................................................... 1218-0044
1926.1116................................................... 1218-0081
1926.1117................................................... 1218-0010
1926.1118................................................... 1218-0104
1926.1127................................................... 1218-0186
1926.1128................................................... 1218-0129
1926.1129................................................... 1218-0128
1926.1144................................................... 1218-0101
1926.1145................................................... 1218-0126
1926.1147................................................... 1218-0108
1926.1148................................................... 1218-0145
------------------------------------------------------------------------
[61 FR 5509, Feb. 13, 1996]
Subpart B--General Interpretations
Authority: Sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333).
Sec. 1926.10 Scope of subpart.
(a) This subpart contains the general rules of the Secretary of
Labor interpreting and applying the construction safety and health
provisions of section 107 of the Contract Work Hours and Safety
Standards Act (83 Stat. 96). Section 107 requires as a condition of each
contract which is entered into under legislation subject to
Reorganization Plan Number 14 of 1950 (64 Stat. 1267), and which is for
construction, alteration, and/or repair, including painting and
decorating, that no contractor or subcontractor contracting for any part
of the contract work shall require any laborer or mechanic employed in
the performance of the contract to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his health
or safety, as determined under construction safety and health standards
promulgated by the Secretary by regulation.
Sec. 1926.11 Coverage under section 103 of the act distinguished.
(a) Coverage under section 103. It is important to note that the
coverage of section 107 differs from that for the overtime requirements
of the Contract Work Hours and Safety Standards Act. The application of
the overtime requirements is governed by section 103, which subject to
specific exemptions, includes: (1) Federal contracts requiring or
involving the employment of laborers or mechanics (thus including, but
not limited to, contracts for construction), and (2) contracts assisted
in whole or in part by Federal loans, grants, or guarantees under any
statute ``providing wage standards for such work.'' The statutes
``providing wage standards for such work'' include statutes for
construction which require the payment of minimum wages in accordance
with prevailing wage findings by the Secretary of Labor in accordance
with the Davis-Bacon Act. A provision to section 103 excludes from the
overtime requirements work where the Federal assistance is only in the
form of a loan guarantee or insurance.
(b) Coverage under section 107. To be covered by section 107 of the
Contract Work Hours and Safety Standards Act, a contract must be one
which (1) is entered into under a statute that is subject to
Reorganization Plan No. 14 of 1950 (64 Stat. 1267); and (2) is for
``construction, alteration, and/or repair, including painting and
decorating.''
Sec. 1926.12 Reorganization Plan No. 14 of 1950.
(a) General provisions. Reorganization Plan No. 14 of 1950 relates
to the prescribing by the Secretary of Labor of ``appropriate standards,
regulations, and procedures'' with respect to the enforcement of labor
standards under Federal and federally assisted contracts which are
subject to various statutes subject to the Plan. The rules of the
Secretary of Labor implementing the Plan are published in part 5 of this
title. Briefly, the statutes subject to the Plan include the Davis-Bacon
Act, including its extension to Federal-aid highway legislation subject
to 23 U.S.C. 113, and other statutes subject to the Plan by its original
terms, statutes by which the Plan is expressly applied, such as the
Contract Work Hours Standards Act by virtue of section 104(d) thereof.
(b) The Plan. (1) The statutes subject to Reorganization Plan No. 14
of 1950
[[Page 13]]
are cited and briefly described in the remaining paragraphs of this
section. These descriptions are general in nature and not intended to
convey the full scope of the work to be performed under each statute.
The individual statutes should be resorted to for a more detailed scope
of the work.
(2) Federal-Aid Highway Acts. The provisions codified in 23 U.S.C.
113 apply to the initial construction, reconstruction, or improvement
work performed by contractors or subcontractors on highway projects on
the Federal-aid systems, the primary and secondary, as well as their
extensions in urban areas, and the Interstate System, authorized under
the highway laws providing for the expenditure of Federal funds upon the
Federal-aid system. As cited in 41 Op. A.G. 488, 496, the Attorney
General ruled that the Federal-Aid Highway Acts are subject to
Reorganization Plan No. 14 of 1950.
(3) National Housing Act (12 U.S.C. 1713, 1715a, 1715e, 1715k,
1715l(d)(3) and (4), 1715v, 1715w, 1715x, 1743, 1747, 1748, 1748h-2,
1750g, 1715l(h)(1), 1715z(j)(1), 1715z-1, 1715y(d), Subchapter 1x-A and
1x-B, 1715z-7). This act covers construction which is financed with
assistance by the Federal Government through programs of loan and
mortgage insurance for the following purposes:
(i) Rental Housing--Section 1713 provides mortgage and insurance on
rental housing of eight or more units and on mobile-home courts.
(ii) Section 1715a--Repealed.
(iii) Cooperative Housing--Section 1715e authorizes mortgage
insurance on cooperative housing of five or more units as well as
supplementary loans for improvement of repair or resale of memberships.
(iv) Urban Renewal Housing--Section 1715k provides mortgage
insurance on single family or multifamily housing in approved urban
renewal areas.
(v) Low or Moderate Income Housing--Section 1715L(d) (3) and (4)
insures mortgages on low-cost single family or multifamily housing.
(vi) Housing for Elderly--Section 1715v provides mortgage insurance
on rental housing for elderly or handicapped persons.
(vii) Nursing Homes--Section 1715w authorizes mortgage insurance on
nursing home facilities and major equipment.
(viii) Experimental Housing--Section 1715x provides mortgage
insurance on single family or multifamily housing with experimental
design of materials.
(ix) War Housing Insurance--Section 1743 not active.
(x) Yield Insurance--Section 1747 insures investment returns on
multifamily housing.
(xi) Armed Services Housing--Section 1748b to assist in relieving
acute shortage and urgent need for family housing at or in areas
adjacent to military installations.
(xii) Defense Housing for Impacted Areas--Section 1748h-2 provides
mortgage insurance on single family or multifamily housing for sale or
rent primarily to military or civilian personnel of the Armed Services,
National Aeronautics and Space Administration, or Atomic Energy
Commission.
(xiii) Defense Rental Housing--Section 1750g provides for mortgage
insurance in critical defense housing areas.
(xiv) Rehabilitation--Section 1715L (h)(1) provides mortgage
insurance for nonprofit organizations to finance the purchase and
rehabilitation of deteriorating or substandard housing for subsequent
resale to low-income home purchasers. There must be located on the
property five or more single family dwellings of detached, semidetached,
or row construction.
(xv) Homeowner Assistance--Section 1715Z(j)(1) authorizes mortgage
insurance to nonprofit organizations or public bodies or agencies
executed to finance sale of individual dwellings to lower income
individuals or families. Also includes the rehabilitation of such
housing if it is deteriorating or substandard for subsequent resale to
lower income home purchasers.
(xvi) Rental Housing Assistance--Section 1715Z-1 authorizes mortgage
insurance and interest reduction payments on behalf of owners of rental
housing projects designed for occupancy by lower income families.
Payments are also authorized for certain State or locally aided
projects.
[[Page 14]]
(xvii) Condominium Housing--Section 1715y(d) provides mortgage
insurance on property purchased for the development of building sites.
This includes waterlines and water supply installations, sewer lines and
sewage disposal installations, steam, gas, and electrical lines and
installations, roads, streets, curbs, gutters, sidewalks, storm drainage
facilities, and other installations or work.
(xviii) Group Medical Practice Facilities--Subchapter LX-B
authorizes mortgage insurance for the financing of construction and
equipment, of facilities for group practice of medicine, optometry, or
dentistry.
(xix) Nonprofit Hospitals--1715z-7 authorizes mortgage insurance to
cover new and rehabilitated hospitals, including initial equipment.
(4) Hospital Survey and Construction Act, as amended by the Hospital
and Medical Facilities Amendments of 1964 (42 U.S.C. 291e). The
provisions of this Act cover construction contracts made by State or
local authorities or private institutions under Federal grant-in-aid
programs for the construction of hospitals and other medical facilities.
(5) Federal Airport Act (49 U.S.C. 1114(b)). The act provides grant-
in-aid funds for airport construction limited to general site
preparation runways, taxiways, aprons, lighting appurtenant thereto, and
fire, rescue, and maintenance buildings. The act excludes construction
intended for use as a public parking facility for passenger automobiles
and the cost of construction of any part of an airport building except
such of those buildings or parts of buildings to house facilities or
activities directly related to the safety of persons at the airport.
(6) Housing Act of 1949 (42 U.S.C. 1459). Construction contracts
awarded by local authorities financed with the assistance of loans and
grants from the Federal Government. The construction programs are for
slum clearance and urban renewal which includes rehabilitation grants,
neighborhood development programs, neighborhood renewal plans, community
renewal, demolition projects, and assistance for blighted areas. See the
Housing Act of 1964, paragraph (b)(21) of this section, concerning
financial assistance for low-rent housing for domestic farm labor.
(7) School Survey and Construction Act of 1950 (20 U.S.C. 636). This
act provides for a Federal grant-in-aid program to assist in the
construction of schools in federally affected areas.
(8) Defense Housing & Community Facilities & Services Act of 1951
(42 U.S.C. 1592i). Inactive Program.
(9) United States Housing Act of 1937 (42 U.S.C. 1416). This statute
covers the construction of low-rent public housing and slum clearance
projects awarded by local authorities. These projects are financed with
the assistance of loans and grants from the Federal Government. The slum
clearance is the demolition and removal of buildings from any slum area
to be used for a low-rent housing project.
(10) Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281). This
act provides for Federal assistance to the several States and their
political subdivisions in the field of civil defense which includes
procurement, construction, leasing, or renovating of materials and
facilities.
(11) Delaware River Basin Compact (sec. 15.1, 75 Stat. 714). This
joint resolution creates, by intergovernmental compact between the
United States, Delaware, New Jersey, New York, and Pennsylvania, a
regional agency for planning, conservation, utilization, development,
management and control of the water and related sources of the Delaware
River.
(12) Cooperative Research Act (20 U.S.C. 332a(c)). This act provides
Federal grants to a university, college, or other appropriate public or
nonprofit private agency or institution for part or all of the cost of
constructing a facility for research or for research and related
purposes. Research and related purposes means research, research
training, surveys, or demonstrations in the field of education, or the
dissemination of information derived therefrom, or all of such
activities, including (but without limitation) experimental schools,
except that such term does not include research, research training,
surveys, or demonstrations in the field
[[Page 15]]
of sectarian instruction or the dissemination of information derived
therefrom. Construction includes new buildings, and the acquisition,
expansion, remodeling, replacement, and alteration of existing buildings
and the equipping of new buildings and existing buildings.
(13) Health Professions Educational Assistance Act of 1963 (42
U.S.C. 292d (c)(4), 293a(c)(5)). The provisions of this act provide for
grants to assist public and nonprofit medical, dental, and similar
schools for the construction, expansion, or renovation of teaching
facilities.
(14) Mental Retardation Facilities Construction Act (42 U.S.C.
295(a)(2)(D), 2662(5), 2675(a)(5)). This act authorizes Federal
financial assistance in the construction of centers for research on
mental retardation and related aspects of human development, of
university-affiliated facilities for the mentally retarded and of
facilities for the mentally retarded.
(15) Community Mental Health Centers Act (42 U.S.C. 2685(a)(5)).
This act authorizes Federal grants for the construction of public and
other nonprofit community mental health centers.
(16) Higher Education Facilities Act of 1963 (20 U.S.C. 753). This
act authorizes the grant or loan of Federal funds to assist public and
other nonprofit institutions of higher education in financing the
construction, rehabilitation, or improvement of academic and related
facilities in undergraduate and graduate schools.
(17) Vocational Educational Act of 1963 (20 U.S.C. 35f). This act
provides for Federal grants to the various States for construction of
area vocational education school facilities.
(18) Library Services and Construction Act (20 U.S.C. 355e(a)(4)).
This act provides for Federal assistance to the various States for the
construction of public libraries.
(19) Urban Mass Transportation Act of 1954 (49 U.S.C. 1609). This
act provides for grants and loans to assist States and local public
bodies and agencies thereof in financing the acquisition, construction,
reconstruction, and improvement of facilities and equipment for use, by
operation or lease or otherwise, in mass transportation service in urban
areas and in coordinating such service with highway and other
transportation in such areas.
(20) Economic Opportunity Act of 1964 (42 U.S.C. 2947). This act
covers construction which is financed with assistance of the Federal
Government for the following purposes:
(i) Authorizes Federal assistance for construction of projects,
buildings and works which will provide young men and women in rural and
urban residential centers with education, vocational training, and
useful work experience (Title I).
(ii) Authorizes financial assistance for construction work planned
and carried out at the community level for antipoverty programs (Title
II):
(a) Authorizes loans to low income rural families by assisting them
to acquire or improve real estate or reduce encumbrances or erect
improvements thereon, and to participate in cooperative associations
and/or to finance nonagricultural enterprises which will enable such
families to supplement their income (Title III);
(b) Authorizes loans to local cooperative associations furnishing
essential processing, purchasing, or marketing services, supplies, or
facilities predominantly to low-income rural families (Title III);
(c) Authorizes financial assistance to States, political
subdivisions of States, public and nonprofit agencies, institutions,
organizations, farm associations, or individuals in establishing
housing, sanitation, education, and child day-care programs for migrants
and other seasonally employed agricultural employees and their families
(Title III).
(iii) Authorizes loans or guarantees loans to small businesses for
construction work (Title IV).
(iv) Authorizes the payment of the cost of experimental, pilot, or
demonstration projects to foster State programs providing construction
work experience or training for unemployed fathers and needy people
(Title V).
(21) Housing Act of 1964 (42 U.S.C. 1486(f); 42 U.S.C. 1452b(e)).
Provides financial assistance for low-rent housing for domestic farm
labor. The Act further provides for loans, through public or private
agencies, where feasible, to owners or tenants of property in urban
[[Page 16]]
renewal areas to finance rehabilitation required to conform the property
to applicable code requirements or carry out the objectives of the urban
renewal plan for the area.
(22) The Commercial Fisheries Research and Development Act of 1964
(16 U.S.C. 779e(b)). This Act authorizes financial assistance to State
agencies for construction projects designed for the research and
development of the commercial fisheries resources of the Nation.
(23) The Nurse Training Act of 1964 (42 U.S.C. 296a(b)(5)). This act
provides for grants to assist in the construction of new facilities for
collegiate, associate degree, and diploma schools of nursing, or
replacement or rehabilitation of existing facilities of such schools.
(24) Elementary and Secondary Education Act of 1965 (20 U.S.C. 241i,
848). The purpose of the act is to provide financial assistance to local
educational agencies serving areas with concentrations of children from
low-income families for construction in connection with the expansion or
improvement of their educational programs.
(25) Federal Water Pollution Control Act, as amended by the Water
Quality Act of 1965 (3 U.S.C. 466e(g)). Provides for financial
assistance to States or municipalities for construction of facilities in
connection with the prevention and control of water pollution. This
includes projects that will control the discharge into any waters of
untreated or inadequately treated sewage.
(26) Appalachian Regional Development Act of 1965 (40 U.S.C. App.
402). Authorizes Federal assistance in the construction of an
Appalachian development highway system; construction of multicounty
demonstration health facilities, hospitals, regional health, diagnostic
and treatment centers, and other facilities for health; seal and fill
voids in abandoned mines and to rehabilitate strip mine areas;
construction of school facilities for vocational education; and to
assist in construction of sewage treatment works.
(27) National Technical Institute for the Deaf Act (20 U.S.C.
684(b)(5)). Provides for financial assistance for institutions of higher
education for the establishment, construction, including equipment and
operation, of a National Institution for the Deaf.
(28) Housing Act of 1959 (12 U.S.C. 1701(q)(c)(3)). This act
authorizes loans to nonprofit corporations to be used for the
construction of housing and related facilities for elderly families.
Also, the provisions of the act provide for rehabilitation, alteration,
conversion or improvement of existing structures which are otherwise
inadequate for proposed dwellings used by such families.
(29) College Housing Act of 1950, as amended (12 U.S.C. 1749a(f)).
This act provides for Federal loans to assist educational institutions
in providing housing and other educational facilities for students and
faculties.
(30) Housing and Urban Development Act of 1965 (42 U.S.C. 1500c-3,
3107). This act provides for Federal assistance for the following
purposes:
(i) Grants to States and local public bodies to assist in any
construction work to be carried out under the open-space land and urban
beautification provisions contained therein. It provides for parks and
recreation areas, conservation of land and other natural resources, and
historical and scenic purposes.
(ii) Grants to local public bodies and agencies to finance specific
projects for basic public water facilities (including works for the
storage, treatment, purification, and distribution of water), and for
basic public sewer facilities (other than ``treatment works'' as defined
in the Federal Water Pollution Control Act).
(iii) Grants to any local public body or agency to assist in
financing neighborhood facilities. These facilities must be necessary
for carrying out a program of health, recreational, social, or similar
community service and located so as to be available for the use of the
area's low or moderate income residents.
(31) National Foundation on the Arts and the Humanities Act of 1965
(20 U.S.C. 954(k)). The act establishes the ``National Foundation on the
Arts and the Humanities'' which may provide matching grants to groups
(nonprofit organizations and State and other public organizations) and
to individuals engaged in creative and performing
[[Page 17]]
arts for the entire range of artistic activity, including construction
of necessary facilities.
(32) Public Works and Economic Development Act of 1965 (42 U.S.C.
3222). This act provides for Federal assistance for the following
purposes:
(i) Grants for the acquisition or development of land or
improvements for public works or development facility usage in
redevelopment areas. It authorizes loans to assist in financing the
purchase or development of land for public works which will assist in
the creation of long-term employment opportunities in the area.
(ii) Loans for the purchase or development of land and facilities
(including machinery and equipment) for industrial or commercial usage
within redevelopment areas; guarantee of loans for working capital made
to private borrowers by private lending institutions in connection with
direct loan projects; and to contract to pay to, or on behalf of,
business entities locating in redevelopment areas, a portion of the
interest costs which they incur in financing their expansions from
private sources.
(iii) Loans and grants to create economic development centers within
designated county economic development districts.
(33) High-Speed Ground Transportation Study (40 U.S.C. 1636(b)).
This act provides for financial assistance for construction activities
in connection with research and development of different forms of high-
speed ground transportation and demonstration projects relating to
intercity rail passenger service.
(34) Heart Disease, Cancer and Stroke Amendments of 1965 (42 U.S.C.
299(b)(4)). This act provides for grants to public or nonprofit private
universities, medical schools, research, institutions, hospitals, and
other public and nonprofit agencies and institutions, or associations
thereof to assist in construction and equipment of facilities in
connection with research, training, demonstration of patient care,
diagnostic and treatment related to heart disease, cancer, stroke, and
other major diseases.
(35) Mental Retardation Facilities and Community Mental Health
Centers Construction Act Amendments of 1965 (20 U.S.C. 618(g)). These
provisions provide for grants to institutions of higher education for
construction of facilities for research or for research and related
purposes relating to education for mentally retarded, hard of hearing,
deaf, speech impaired, visually handicapped, seriously emotionally
disturbed, crippled, or other health impaired children who by reason
thereof require special education.
(36) Vocational Rehabilitation Act Amendments of 1965 (29 U.S.C.
41a(b)(4)). This act authorizes grants to assist in meeting the costs of
construction of public or other nonprofit workshops and rehabilitation
facilities.
(37) Clean Air and Solid Waste Disposal Acts (42 U.S.C. 3256). This
act provides for financial assistance to public (Federal, State,
interstate, or local) authorities, agencies, and institutions, private
agencies and institutions, and individuals in the construction of
facilities for solid-waste disposal. The term construction includes the
installation of initial equipment.
(38) Medical Library Assistance Act of 1965 (42 U.S.C. 280b-
3(b)(3)). This act provides for grants to public or private non-profit
agencies or institutions for the cost of construction of medical library
facilities.
(39) Veterans Nursing Home Care Act (38 U.S.C. 5035(a)(8)). The
construction industry health and safety standards do not apply to this
act since it is not subject to Reorganization Plan No. 14 of 1950.
(40) National Capital Transportation Act of 1965 (40 U.S.C.
682(b)(4)). This act provides for Federal assistance to the National
Capital Transportation Agency for construction of a rail rapid transit
system and related facilities for the Nation's Capital.
(41) Alaska Centennial--1967 (80 Stat. 82). The program under this
legislation has expired.
(42) Model Secondary School for the Deaf Act (80 Stat. 1028). This
act provides for funds to establish and operate, including construction
and initial equipment of new buildings, expansion, remodeling, and
alteration of existing buildings and equipment thereof, a model
secondary school for the deaf to serve the residents of the District of
Columbia and nearby States.
[[Page 18]]
(43) Allied Health Professions Personnel Training Act of 1966 (42
U.S.C. 295h(b)(2)(E)). This act provides for grants to assist in the
construction of new facilities for training centers for allied health
professions, or replacement or rehabilitation of existing facilities for
such centers.
(44) Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3310; 12 U.S.C. 1715c; 42 U.S.C. 1416). This act provides for
Federal assistance for the following purposes:
(i) Grants to assist in the construction, rehabilitation,
alteration, or repair of residential property only if such residential
property is designed for residential use for eight or more families to
enable city demonstration agencies to carry out comprehensive city
demonstration programs (42 U.S.C. 3310).
(ii) Amends the National Housing Act (12 U.S.C. 1715c) and the
Housing Act of 1937 (42 U.S.C. 1416). See these acts for coverage.
(45) Air Quality Act of 1967 (42 U.S.C. 1857j-3). This act provides
for Federal assistance to public or nonprofit agencies, institutions,
and organizations and to individuals, and contracts with public or
private agencies, institutions, or persons for construction of research
and development facilities and demonstration plants relating to the
application of preventing or controlling discharges into the air of
various types of pollutants.
(46) Elementary and Secondary Education Amendments of 1967 (Title
VII--Bilingual Education Act) (20 U.S.C. 880b-6). This act provides for
Federal assistance to local educational agencies or to an institution of
higher education applying jointly with a local educational agency for
minor remodeling projects in connection with bilingual education
programs to meet the special needs of children with limited English-
speaking ability in the United States.
(47) Vocational Rehabilitation Amendments of 1967 (29 U.S.C.
42a(c)(3)). This act authorizes Federal assistance to any public or
nonprofit private agency or organization for the construction of a
center for vocational rehabilitation of handicapped individuals who are
both deaf and blind which shall be known as the National Center for
Deaf-Blind Youths and Adults. Construction includes new buildings and
expansion, remodeling, alteration and renovation of existing buildings,
and initial equipment of such new, newly acquired, expanded, remodeled,
altered, or renovated buildings.
(48) National Visitor Center Facilities Act of 1968 (40 U.S.C. 808).
This act authorizes agreements and leases with the owner of property in
the District of Columbia known as Union Station for the use of all or a
part of such property for a national visitor center to be known as the
National Visitor Center. The agreements and leases shall provide for
such alterations of the Union Station Building as necessary to provide
adequate facilities for visitors. They also provide for the construction
of a parking facility, including necessary approaches and ramps.
(49) Juvenile Delinquency Prevention and Control Act of 1968 (42
U.S.C. 3843). This act provides for Federal grants to State, county,
municipal, or other public agency or combination thereof for the
construction of facilities to be used in connection with rehabilitation
services for the diagnosis, treatment, and rehabilitation of delinquent
youths and youths in danger of becoming delinquent.
(50) Housing and Urban Development Act of 1968 (including New
Communities Act of 1968) (42 U.S.C. 3909). This act provides for Federal
assistance for the following purposes:
(i) Guarantees, and commitments to guarantee, the bonds, debentures,
notes, and other obligations issued by new community developers to help
finance new community development projects.
(ii) Amends section 212(a) of the National Housing Act, adding
section 236 for ``Rental Housing for Lower Income Families'' and section
242 ``Mortgage Insurance for Nonprofit Hospitals'' thereto.
(51) Public Health Service Act Amendment (Alcoholic and Narcotic
Addict Rehabilitation Amendments of 1968) (42 U.S.C. 2681, et seq.).
This act provides for grants to a public and nonprofit private agency or
organization for construction projects consisting of any facilities
(including post-hospitalization treatment facilities for the prevention
[[Page 19]]
and treatment of alcoholism or treatment of narcotic addicts.)
(52) Vocational Education Amendments of 1968 (20 U.S.C. 1246). This
act provides for grants to States for the construction of area
vocational education school facilities. The act further provides grants
to public educational agencies, organizations, or institutions for
construction of residential schools to provide vocational education for
the purpose of demonstrating the feasibility and desirability of such
schools. The act still further provides grants to State boards, to
colleges and universities, to public educational agencies, organizations
or institutions to reduce the cost of borrowing funds for the
construction of residential schools and dormitories.
(53) Postal Reorganization Act (39 U.S.C. 410(d)(2)). This Act
provides for construction, modification, alteration, repair, and other
improvements of postal facilities located in leased buildings.
(54) Airport and Airway Development Act of 1970 (Pub. L. 91-258,
section 52(b)(7)). This Act provides for Federal financial assistance to
States and localities for the construction, improvement, or repair of
public airports.
(55) (i) Public Law 91-230. This Act provides for federal financial
assistance to institutions of higher learning for the construction of a
National Center on Educational Media and Materials for the Handicapped.
The program under this statute expires on July 1, 1971. Public Law 91-
230, section 662(1).
(ii) Education of the Handicapped Act (20 U.S.C. 12326, 1404(a)).
This Act provides for financial assistance to States for construction,
expansion, remodeling, or alteration of facilities for the education of
handicapped children at the preschool, elementary school, and secondary
school levels.
(56) Housing and Urban Development Act of 1970 (Pub. L. 91-609,
section 707(b)). This Act provides for grants to States and local public
agencies to help finance the development of open-space or other land in
urban areas for open-space uses. This Act becomes effective on July 1,
1971.
(57) Developmental Disabilities Services and Facilities Construction
Amendments of 1970 (Pub. L. 91-517, section 135(a)(5)). This Act
authorizes grants to States for construction of facilities for the
provision of services to persons with developmental disabilities who are
unable to pay for such services.
(58) Rail Passenger Service Act of 1970 (Pub. L. 91-518, section
405(d)). This statute provides that the National Railroad Passenger
Corporation may construct physical facilities necessary to intercity
rail passenger operations within the basic national rail passenger
system designated by the Secretary of Transportation.
(c) VA and FHA housing. In the course of the legislative development
of section 107, it was recognized that section 107 would not apply to
housing construction for which insurance was issued by the Federal
Housing Authority and Veterans' Administration for individual home
ownership. Concerning construction under the National Housing Act,
Reorganization Plan No. 14 of 1950 applies to construction which is
subject to the minimum wage requirements of section 212(a) thereof (12
U.S.C. 1715c).
Sec. 1926.13 Interpretation of statutory terms.
(a) The terms construction, alteration, and repair used in section
107 of the Act are also used in section 1 of the Davis-Bacon Act (40
U.S.C. 276a), providing minimum wage protection on Federal construction
contracts, and section 1 of the Miller Act (40 U.S.C. 270a), providing
performance and payment bond protection on Federal construction
contracts. Similarly, the terms contractor and subcontractor are used in
those statutes, as well as in Copeland (Anti-Kickback) Act (40 U.S.C.
276c) and the Contract Work Hours and Safety Standards Act itself, which
apply concurrently with the Miller Act and the Davis-Bacon Act on
Federal construction contracts and also apply to most federally assisted
construction contracts. The use of the same or identical terms in these
statutes which apply concurrently with section 107 of the Act have
considerable precedential value in ascertaining the coverage of section
107.
(b) It should be noted that section 1 of the Davis-Bacon Act limits
minimum wage protection to laborers and
[[Page 20]]
mechanics ``employed directly'' upon the ``site of the work.'' There is
no comparable limitation in section 107 of the Act. Section 107
expressly requires as a self-executing condition of each covered
contract that no contractor or subcontractor shall require ``any laborer
or mechanic employed in the performance of the contract to work in
surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his health or safety'' as these health and
safety standards are applied in the rules of the Secretary of Labor.
(c) The term subcontractor under section 107 is considered to mean a
person who agrees to perform any part of the labor or material
requirements of a contract for construction, alteration or repair. Cf.
MacEvoy Co. v. United States, 322 U.S. 102, 108-9 (1944). A person who
undertakes to perform a portion of a contract involving the furnishing
of supplies or materials will be considered a ``subcontractor'' under
this part and section 107 if the work in question involves the
performance of construction work and is to be performed: (1) Directly on
or near the construction site, or (2) by the employer for the specific
project on a customized basis. Thus, a supplier of materials which will
become an integral part of the construction is a ``subcontractor'' if
the supplier fabricates or assembles the goods or materials in question
specifically for the construction project and the work involved may be
said to be construction activity. If the goods or materials in question
are ordinarily sold to other customers from regular inventory, the
supplier is not a ``subcontractor.'' Generally, the furnishing of
prestressed concrete beams and prestressed structural steel would be
considered manufacturing; therefore a supplier of such materials would
not be considered a ``subcontractor.'' An example of material supplied
``for the specific project on a customized basis'' as that phrase is
used in this section would be ventilating ducts, fabricated in a shop
away from the construction job site and specifically cut for the project
according to design specifications. On the other hand, if a contractor
buys standard size nails from a foundry, the foundry would not be a
covered ``subcontractor.'' Ordinarily a contract for the supplying of
construction equipment to a contractor would not, in and of itself, be
considered a ``subcontractor'' for purposes of this part.
Sec. 1926.14 Federal contract for ``mixed'' types of performance.
(a) It is the intent of the Congress to provide safety and health
protection of Federal, federally financed, or federally assisted
construction. See, for example, H. Report No. 91-241, 91st Cong., first
session, p. 1 (1969). Thus, it is clear that when a Federal contract
calls for mixed types of performance, such as both manufacturing and
construction, section 107 would apply to the construction. By its
express terms, section 107 applies to a contract which is ``for
construction, alteration, and/or repair.'' Such a contract is not
required to be exclusively for such services. The application of the
section is not limited to contracts which permit an overall
characterization as ``construction contracts.'' The text of section 107
is not so limited.
(b) When the mixed types of performances include both construction
and manufacturing, see also Sec. 1926.15(b) concerning the relationship
between the Walsh-Healey Public Contracts Act and section 107.
Sec. 1926.15 Relationship to the Service Contract Act; Walsh-Healey Public Contracts Act.
(a) A contract for ``construction'' is one for nonpersonal service.
See, e.g., 41 CFR 1-1.208. Section 2(e) of the Service Contract Act of
1965 requires as a condition of every Federal contract (and bid
specification therefor) exceeding $2,500, the ``principal purpose'' of
which is to furnish services to the United States through the use of
``service employees,'' that certain safety and health standards be met.
See 29 CFR part 1925, which contains the Department rules concerning
these standards. Section 7 of the Service Contract Act provides that the
Act shall not apply to ``any contract of the United States or District
of Columbia for construction, alteration, and/or repair, including
painting and decorating of public buildings or public works.'' It is
clear
[[Page 21]]
from the legislative history of section 107 that no gaps in coverage
between the two statutes are intended.
(b) The Walsh-Healey Public Contracts Act requires that contracts
entered into by any Federal agency for the manufacture or furnishing of
materials, supplies, articles, and equipment in any amount exceeding
$10,000 must contain, among other provisions, a requirement that ``no
part of such contract will be performed nor will any of the materials,
supplies, articles or equipment to be manufactured or furnished under
said contract be manufactured or fabricated in any plants, factories,
buildings, or surroundings or under working conditions which are
unsanitary or hazardous or dangerous to the health and safety of
employees engaged in the performance of said contract.'' The rules of
the Secretary concerning these standards are published in 41 CFR part
50-204, and express the Secretary of Labor's interpretation and
application of section 1(e) of the Walsh-Healey Public Contracts Act to
certain particular working conditions. None of the described working
conditions are intended to deal with construction activities, although
such activities may conceivably be a part of a contract which is subject
to the Walsh-Healey Public Contracts Act. Nevertheless, such activities
remain subject to the general statutory duty prescribed by section 1(e).
Section 103(b) of the Contract Work Hours and Safety Standards Act
provides, among other things, that the Act shall not apply to any work
required to be done in accordance with the provisions of the Walsh-
Healey Public Contracts Act.
Sec. 1926.16 Rules of construction.
(a) The prime contractor and any subcontractors may make their own
arrangements with respect to obligations which might be more
appropriately treated on a jobsite basis rather than individually. Thus,
for example, the prime contractor and his subcontractors may wish to
make an express agreement that the prime contractor or one of the
subcontractors will provide all required first-aid or toilet facilities,
thus relieving the subcontractors from the actual, but not any legal,
responsibility (or, as the case may be, relieving the other
subcontractors from this responsibility). In no case shall the prime
contractor be relieved of overall responsibility for compliance with the
requirements of this part for all work to be performed under the
contract.
(b) By contracting for full performance of a contract subject to
section 107 of the Act, the prime contractor assumes all obligations
prescribed as employer obligations under the standards contained in this
part, whether or not he subcontracts any part of the work.
(c) To the extent that a subcontractor of any tier agrees to perform
any part of the contract, he also assumes responsibility for complying
with the standards in this part with respect to that part. Thus, the
prime contractor assumes the entire responsibility under the contract
and the subcontractor assumes responsibility with respect to his portion
of the work. With respect to subcontracted work, the prime contractor
and any subcontractor or subcontractors shall be deemed to have joint
responsibility.
(d) Where joint responsibility exists, both the prime contractor and
his subcontractor or subcontractors, regardless of tier, shall be
considered subject to the enforcement provisions of the Act.
Subpart C--General Safety and Health Provisions
Authority: Sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR
35736), as applicable.
Sec. 1926.20 General safety and health provisions.
(a) Contractor requirements. (1) Section 107 of the Act requires
that it shall be a condition of each contract which is entered into
under legislation subject to Reorganization Plan Number 14 of 1950 (64
Stat. 1267), as defined in Sec. 1926.12, and is for construction,
alteration, and/or repair, including painting and decorating, that no
contractor or subcontractor for any part of the contract work shall
require any laborer or
[[Page 22]]
mechanic employed in the performance of the contract to work in
surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his health or safety.
(b) Accident prevention responsibilities. (1) It shall be the
responsibility of the employer to initiate and maintain such programs as
may be necessary to comply with this part.
(2) Such programs shall provide for frequent and regular inspections
of the job sites, materials, and equipment to be made by competent
persons designated by the employers.
(3) The use of any machinery, tool, material, or equipment which is
not in compliance with any applicable requirement of this part is
prohibited. Such machine, tool, material, or equipment shall either be
identified as unsafe by tagging or locking the controls to render them
inoperable or shall be physically removed from its place of operation.
(4) The employer shall permit only those employees qualified by
training or experience to operate equipment and machinery.
(c) The standards contained in this part shall apply with respect to
employments performed in a workplace in a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, Trust Territory of the Pacific Islands, Wake Island, Outer
Continental Shelf lands defined in the Outer Continental Shelf Lands
Act, Johnston Island, and the Canal Zone.
(d) (1) If a particular standard is specifically applicable to a
condition, practice, means, method, operation, or process, it shall
prevail over any different general standard which might otherwise be
applicable to the same condition, practice, means, method, operation, or
process.
(2) On the other hand, any standard shall apply according to its
terms to any employment and place of employment in any industry, even
though particular standards are also prescribed for the industry to the
extent that none of such particular standards applies.
(e) In the event a standard protects on its face a class of persons
larger than employees, the standard shall be applicable under this part
only to employees and their employment and places of employment.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35078, June 30, 1993]
Sec. 1926.21 Safety training and education.
(a) General requirements. The Secretary shall, pursuant to section
107(f) of the Act, establish and supervise programs for the education
and training of employers and employees in the recognition, avoidance
and prevention of unsafe conditions in employments covered by the act.
(b) Employer responsibility. (1) The employer should avail himself
of the safety and health training programs the Secretary provides.
(2) The employer shall instruct each employee in the recognition and
avoidance of unsafe conditions and the regulations applicable to his
work environment to control or eliminate any hazards or other exposure
to illness or injury.
(3) Employees required to handle or use poisons, caustics, and other
harmful substances shall be instructed regarding the safe handling and
use, and be made aware of the potential hazards, personal hygiene, and
personal protective measures required.
(4) In job site areas where harmful plants or animals are present,
employees who may be exposed shall be instructed regarding the potential
hazards, and how to avoid injury, and the first aid procedures to be
used in the event of injury.
(5) Employees required to handle or use flammable liquids, gases, or
toxic materials shall be instructed in the safe handling and use of
these materials and made aware of the specific requirements contained in
subparts D, F, and other applicable subparts of this part.
(6)(i) All employees required to enter into confined or enclosed
spaces shall be instructed as to the nature of the hazards involved, the
necessary precautions to be taken, and in the use of protective and
emergency equipment required. The employer shall comply with any
specific regulations that apply to work in dangerous or potentially
dangerous areas.
[[Page 23]]
(ii) For purposes of paragraph (b)(6)(i) of this section, confined
or enclosed space means any space having a limited means of egress,
which is subject to the accumulation of toxic or flammable contaminants
or has an oxygen deficient atmosphere. Confined or enclosed spaces
include, but are not limited to, storage tanks, process vessels, bins,
boilers, ventilation or exhaust ducts, sewers, underground utility
vaults, tunnels, pipelines, and open top spaces more than 4 feet in
depth such as pits, tubs, vaults, and vessels.
Sec. 1926.22 Recording and reporting of injuries. [Reserved]
Sec. 1926.23 First aid and medical attention.
First aid services and provisions for medical care shall be made
available by the employer for every employee covered by these
regulations. Regulations prescribing specific requirements for first
aid, medical attention, and emergency facilities are contained in
subpart D of this part.
Sec. 1926.24 Fire protection and prevention.
The employer shall be responsible for the development and
maintenance of an effective fire protection and prevention program at
the job site throughout all phases of the construction, repair,
alteration, or demolition work. The employer shall ensure the
availability of the fire protection and suppression equipment required
by subpart F of this part.
Sec. 1926.25 Housekeeping.
(a) During the course of construction, alteration, or repairs, form
and scrap lumber with protruding nails, and all other debris, shall be
kept cleared from work areas, passageways, and stairs, in and around
buildings or other structures.
(b) Combustible scrap and debris shall be removed at regular
intervals during the course of construction. Safe means shall be
provided to facilitate such removal.
(c) Containers shall be provided for the collection and separation
of waste, trash, oily and used rags, and other refuse. Containers used
for garbage and other oily, flammable, or hazardous wastes, such as
caustics, acids, harmful dusts, etc. shall be equipped with covers.
Garbage and other waste shall be disposed of at frequent and regular
intervals.
Sec. 1926.26 Illumination.
Construction areas, aisles, stairs, ramps, runways, corridors,
offices, shops, and storage areas where work is in progress shall be
lighted with either natural or artificial illumination. The minimum
illumination requirements for work areas are contained in subpart D of
this part.
Sec. 1926.27 Sanitation.
Health and sanitation requirements for drinking water are contained
in subpart D of this part.
Sec. 1926.28 Personal protective equipment.
(a) The employer is responsible for requiring the wearing of
appropriate personal protective equipment in all operations where there
is an exposure to hazardous conditions or where this part indicates the
need for using such equipment to reduce the hazards to the employees.
(b) Regulations governing the use, selection, and maintenance of
personal protective and lifesaving equipment are described under subpart
E of this part.
Sec. 1926.29 Acceptable certifications.
(a) Pressure vessels. Current and valid certification by an
insurance company or regulatory authority shall be deemed as acceptable
evidence of safe installation, inspection, and testing of pressure
vessels provided by the employer.
(b) Boilers. Boilers provided by the employer shall be deemed to be
in compliance with the requirements of this part when evidence of
current and valid certification by an insurance company or regulatory
authority attesting to the safe installation, inspection, and testing is
presented.
(c) Other requirements. Regulations prescribing specific
requirements for other types of pressure vessels and similar equipment
are contained in subparts F and O of this part.
[[Page 24]]
Sec. 1926.30 Shipbuilding and ship repairing.
(a) General. Shipbuilding, ship repairing, alterations, and
maintenance performed on ships under Government contract, except naval
ship construction, is work subject to the Act.
(b) Applicable safety and health standards. For the purpose of work
carried out under this section, the safety and health regulations in
part 1915 of this title, Shipyard Employment, shall apply.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 61
FR 9249, Mar. 7, 1996]
Sec. 1926.31 Incorporation by reference.
(a) The specifications, standards and codes of agencies of the U.S.
Government and organizations which are not agencies of the U.S.
Government, to the extent they are legally incorporated by reference in
this part, have the same force and effect as other standards in this
part. The locations where these specifications, standards, and codes may
be examined are as follows:
(1) Offices of the Occupational Safety and Health Administration,
U.S. Department of Labor, Frances Perkins Building, Washington, DC
20210.
(2) The Regional and Field Offices of the Occupational Safety and
Health Administration, which are listed in the U.S. Government Manual.
(b) Any changes in the specifications, standards and codes
incorporated by reference in this part and an official historic file of
such changes are available at the offices referred to in paragraph (a)
of this section. All questions as to the applicability of such changes
should also be referred to these offices.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 61
FR 9249, Mar. 7, 1996]
Sec. 1926.32 Definitions.
The following definitions shall apply in the application of the
regulations in this part:
(a) Act means section 107 of the Contract Work Hours and Safety
Standards Act, commonly known as the Construction Safety Act (86 Stat.
96; 40 U.S.C. 333).
(b) ANSI means American National Standards Institute.
(c) Approved means sanctioned, endorsed, accredited, certified, or
accepted as satisfactory by a duly constituted and nationally recognized
authority or agency.
(d) Authorized person means a person approved or assigned by the
employer to perform a specific type of duty or duties or to be at a
specific location or locations at the jobsite.
(e) Administration means the Occupational Safety and Health
Administration.
(f) Competent person means one who is capable of identifying
existing and predictable hazards in the surroundings or working
conditions which are unsanitary, hazardous, or dangerous to employees,
and who has authorization to take prompt corrective measures to
eliminate them.
(g) Construction work. For purposes of this section, Construction
work means work for construction, alteration, and/or repair, including
painting and decorating.
(h) Defect means any characteristic or condition which tends to
weaken or reduce the strength of the tool, object, or structure of which
it is a part.
(i) Designated person means ``authorized person'' as defined in
paragraph (d) of this section.
(j) Employee means every laborer or mechanic under the Act
regardless of the contractual relationship which may be alleged to exist
between the laborer and mechanic and the contractor or subcontractor who
engaged him. ``Laborer and mechanic'' are not defined in the Act, but
the identical terms are used in the Davis-Bacon Act (40 U.S.C. 276a),
which provides for minimum wage protection on Federal and federally
assisted construction contracts. The use of the same term in a statute
which often applies concurrently with section 107 of the Act has
considerable precedential value in ascertaining the meaning of ``laborer
and mechanic'' as used in the Act. Laborer generally means one who
performs manual labor or who labors at an occupation requiring physical
strength; mechanic generally means a worker skilled with tools. See 18
Comp. Gen. 341.
[[Page 25]]
(k) Employer means contractor or subcontractor within the meaning of
the Act and of this part.
(l) Hazardous substance means a substance which, by reason of being
explosive, flammable, poisonous, corrosive, oxidizing, irritating, or
otherwise harmful, is likely to cause death or injury.
(m) Qualified means one who, by possession of a recognized degree,
certificate, or professional standing, or who by extensive knowledge,
training, and experience, has successfully demonstrated his ability to
solve or resolve problems relating to the subject matter, the work, or
the project.
(n) Safety factor means the ratio of the ultimate breaking strength
of a member or piece of material or equipment to the actual working
stress or safe load when in use.
(o) Secretary means the Secretary of Labor.
(p) SAE means Society of Automotive Engineers.
(q) Shall means mandatory.
(r) Should means recommended.
(s) Suitable means that which fits, and has the qualities or
qualifications to meet a given purpose, occasion, condition, function,
or circumstance.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35078, June 30, 1993]
Sec. 1926.33 Access to employee exposure and medical records.
Note: The requirements applicable to construction work under this
section are identical to those set forth at Sec. 1910.1020 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1926.34 Means of egress.
(a) General. In every building or structure exits shall be so
arranged and maintained as to provide free and unobstructed egress from
all parts of the building or structure at all times when it is occupied.
No lock or fastening to prevent free escape from the inside of any
building shall be installed except in mental, penal, or corrective
institutions where supervisory personnel is continually on duty and
effective provisions are made to remove occupants in case of fire or
other emergency.
(b) Exit marking. Exits shall be marked by a readily visible sign.
Access to exits shall be marked by readily visible signs in all cases
where the exit or way to reach it is not immediately visible to the
occupants.
(c) Maintenance and workmanship. Means of egress shall be
continually maintained free of all obstructions or impediments to full
instant use in the case of fire or other emergency.
[58 FR 35083, June 30, 1993]
Sec. 1926.35 Employee emergency action plans.
(a) Scope and application. This section applies to all emergency
action plans required by a particular OSHA standard. The emergency
action plan shall be in writing (except as provided in the last sentence
of paragraph (e)(3) of this section) and shall cover those designated
actions employers and employees must take to ensure employee safety from
fire and other emergencies.
(b) Elements. The following elements, at a minimum, shall be
included in the plan:
(1) Emergency escape procedures and emergency escape route
assignments;
(2) Procedures to be followed by employees who remain to operate
critical plant operations before they evacuate;
(3) Procedures to account for all employees after emergency
evacuation has been completed;
(4) Rescue and medical duties for those employees who are to perform
them;
(5) The preferred means of reporting fires and other emergencies;
and
(6) Names or regular job titles of persons or departments who can be
contacted for further information or explanation of duties under the
plan.
(c) Alarm system. (1) The employer shall establish an employee alarm
system which complies with Sec. 1926.159.
(2) If the employee alarm system is used for alerting fire brigade
members, or for other purposes, a distinctive signal for each purpose
shall be used.
(d) Evacuation. The employer shall establish in the emergency action
plan the types of evacuation to be used in emergency circumstances.
(e) Training. (1) Before implementing the emergency action plan, the
employer shall designate and train a sufficient number of persons to
assist in the
[[Page 26]]
safe and orderly emergency evacuation of employees.
(2) The employer shall review the plan with each employee covered by
the plan at the following times:
(i) Initially when the plan is developed,
(ii) Whenever the employee's responsibilities or designated actions
under the plan change, and
(iii) Whenever the plan is changed.
(3) The employer shall review with each employee upon initial
assignment those parts of the plan which the employee must know to
protect the employee in the event of an emergency. The written plan
shall be kept at the workplace and made available for employee review.
For those employers with 10 or fewer employees the plan may be
communicated orally to employees and the employer need not maintain a
written plan.
[58 FR 35083, June 30, 1993]
Subpart D--Occupational Health and Environmental Controls
Authority: Sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, and 8,
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657);
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059),
9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.
Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued under 5
U.S.C. 553 and 29 CFR part 1911.
Section 1926.62 issued under sec. 1031 of the Housing and Community
Development Act of 1992 (sec. 1031, title X, 106 Stat. 3924 (42 U.S.C.
4853).
Section 1926.65 also issued under Sec. 126, Superfund Amendments and
Reauthorization Act of 1986 as amended (29 U.S.C. 655 note), 5 U.S.C.
553, and 29 CFR part 1911.
Sec. 1926.50 Medical services and first aid.
(a) The employer shall insure the availability of medical personnel
for advice and consultation on matters of occupational health.
(b) Provisions shall be made prior to commencement of the project
for prompt medical attention in case of serious injury.
(c) In the absence of an infirmary, clinic, hospital, or physician,
that is reasonably accessible in terms of time and distance to the
worksite, which is available for the treatment of injured employees, a
person who has a valid certificate in first-aid training from the U.S.
Bureau of Mines, the American Red Cross, or equivalent training that can
be verified by documentary evidence, shall be available at the worksite
to render first aid.
(d)(1) First-aid supplies approved by the consulting physician shall
be easily accessible when required.
(2) The first-aid kit shall consist of materials approved by the
consulting physician in a weatherproof container with individual sealed
packages for each type of item. The contents of the first-aid kit shall
be checked by the employer before being sent out on each job and at
least weekly on each job to ensure that the expended items are replaced.
(e) Proper equipment for prompt transportation of the injured person
to a physician or hospital, or a communication system for contacting
necessary ambulance service, shall be provided.
(f) The telephone numbers of the physicians, hospitals, or
ambulances shall be conspicuously posted.
(g) Where the eyes or body of any person may be exposed to injurious
corrosive materials, suitable facilities for quick drenching or flushing
of the eyes and body shall be provided within the work area for
immediate emergency use.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 49
FR 18295, Apr. 30, 1984; 58 FR 35084, June 30, 1993; 61 FR 5510, Feb.
13, 1996]
Sec. 1926.51 Sanitation.
(a) Potable water. (1) An adequate supply of potable water shall be
provided in all places of employment.
(2) Portable containers used to dispense drinking water shall be
capable of being tightly closed, and equipped with a tap. Water shall
not be dipped from containers.
(3) Any container used to distribute drinking water shall be clearly
marked as to the nature of its contents and not used for any other
purpose.
(4) The common drinking cup is prohibited.
[[Page 27]]
(5) Where single service cups (to be used but once) are supplied,
both a sanitary container for the unused cups and a receptacle for
disposing of the used cups shall be provided.
(6) Potable water means water which meets the quality standards
prescribed in the U.S. Public Health Service Drinking Water Standards,
published in 42 CFR part 72, or water which is approved for drinking
purposes by the State or local authority having jurisdiction.
(b) Nonpotable water. (1) Outlets for nonpotable water, such as
water for industrial or firefighting purposes only, shall be identified
by signs meeting the requirements of subpart G of this part, to indicate
clearly that the water is unsafe and is not to be used for drinking,
washing, or cooking purposes.
(2) There shall be no cross-connection, open or potential, between a
system furnishing potable water and a system furnishing nonpotable
water.
(c) Toilets at construction jobsites. (1) Toilets shall be provided
for employees according to the following table:
Table D-1
------------------------------------------------------------------------
Number of employees Minimum number of facilities
------------------------------------------------------------------------
20 or less............................. 1.
20 or more............................. 1 toilet seat and 1 urinal per
40 workers.
200 or more............................ 1 toilet seat and 1 urinal per
50 workers.
------------------------------------------------------------------------
(2) Under temporary field conditions, provisions shall be made to
assure not less than one toilet facility is available.
(3) Job sites, not provided with a sanitary sewer, shall be provided
with one of the following toilet facilities unless prohibited by local
codes:
(i) Privies (where their use will not contaminate ground or surface
water);
(ii) Chemical toilets;
(iii) Recirculating toilets;
(iv) Combustion toilets.
(4) The requirements of this paragraph (c) for sanitation facilities
shall not apply to mobile crews having transportation readily available
to nearby toilet facilities.
(d) Food handling. (1) All employees' food service facilities and
operations shall meet the applicable laws, ordinances, and regulations
of the jurisdictions in which they are located.
(2) All employee food service facilities and operations shall be
carried out in accordance with sound hygienic principles. In all places
of employment where all or part of the food service is provided, the
food dispensed shall be wholesome, free from spoilage, and shall be
processed, prepared, handled, and stored in such a manner as to be
protected against contamination.
(e) Temporary sleeping quarters. When temporary sleeping quarters
are provided, they shall be heated, ventilated, and lighted.
(f) Washing facilities. (1) The employer shall provide adequate
washing facilities for employees engaged in the application of paints,
coating, herbicides, or insecticides, or in other operations where
contaminants may be harmful to the employees. Such facilities shall be
in near proximity to the worksite and shall be so equipped as to enable
employees to remove such substances.
(2) General. Washing facilities shall be maintained in a sanitary
condition.
(3) Lavatories. (i) Lavatories shall be made available in all places
of employment. The requirements of this subdivision do not apply to
mobile crews or to normally unattended work locations if employees
working at these locations have transportation readily available to
nearby washing facilities which meet the other requirements of this
paragraph.
(ii) Each lavatory shall be provided with hot and cold running
water, or tepid running water.
(iii) Hand soap or similar cleansing agents shall be provided.
(iv) Individual hand towels or sections thereof, of cloth or paper,
warm air blowers or clean individual sections of continuous cloth
toweling, convenient to the lavatories, shall be provided.
(4) Showers. (i) Whenever showers are required by a particular
standard, the showers shall be provided in accordance with paragraphs
(f)(4) (ii) through (v) of this section.
(ii) One shower shall be provided for each 10 employees of each sex,
or numerical fraction thereof, who are required to shower during the
same shift.
(iii) Body soap or other appropriate cleansing agents convenient to
the
[[Page 28]]
showers shall be provided as specified in paragraph (f)(3)(iii) of this
section.
(iv) Showers shall be provided with hot and cold water feeding a
common discharge line.
(v) Employees who use showers shall be provided with individual
clean towels.
(g) Eating and drinking areas. No employee shall be allowed to
consume food or beverages in a toilet room nor in any area exposed to a
toxic material.
(h) Vermin control. Every enclosed workplace shall be so
constructed, equipped, and maintained, so far as reasonably practicable,
as to prevent the entrance or harborage of rodents, insects, and other
vermin. A continuing and effective extermination program shall be
instituted where their presence is detected.
(i) Change rooms. Whenever employees are required by a particular
standard to wear protective clothing because of the possibility of
contamination with toxic materials, change rooms equipped with storage
facilities for street clothes and separate storage facilities for the
protective clothing shall be provided.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35084, June 30, 1993]
Sec. 1926.52 Occupational noise exposure.
(a) Protection against the effects of noise exposure shall be
provided when the sound levels exceed those shown in Table D-2 of this
section when measured on the A-scale of a standard sound level meter at
slow response.
(b) When employees are subjected to sound levels exceeding those
listed in Table D-2 of this section, feasible administrative or
engineering controls shall be utilized. If such controls fail to reduce
sound levels within the levels of the table, personal protective
equipment as required in subpart E, shall be provided and used to reduce
sound levels within the levels of the table.
(c) If the variations in noise level involve maxima at intervals of
1 second or less, it is to be considered continuous.
(d)(1) In all cases where the sound levels exceed the values shown
herein, a continuing, effective hearing conservation program shall be
administered.
Table D-2--Permissible Noise Exposures
------------------------------------------------------------------------
Sound level
Duration per day, hours dBA slow
response
------------------------------------------------------------------------
8.......................................................... 90
6.......................................................... 92
4.......................................................... 95
3.......................................................... 97
2.......................................................... 100
1\1/2\..................................................... 102
1.......................................................... 105
\1/2\...................................................... 110
\1/4\ or less.............................................. 115
------------------------------------------------------------------------
(2)(i) When the daily noise exposure is composed of two or more
periods of noise exposure of different levels, their combined effect
should be considered, rather than the individual effect of each.
Exposure to different levels for various periods of time shall be
computed according to the formula set forth in paragraph (d)(2)(ii) of
this section.
(ii) Fe=(T1/L1)+(T2/
L2)+ + (Tn/
Ln)
where:
Fe=The equivalent noise exposure factor.
T=The period of noise exposure at any essentially constant level.
L=The duration of the permissible noise exposure at the constant level
(from Table D-2).
If the value of Fe exceeds unity (1) the exposure exceeds
permissible levels.
(iii) A sample computation showing an application of the formula in
paragraph (d)(2)(ii) of this section is as follows. An employee is
exposed at these levels for these periods:
110 db A \1/4\ hour.
100 db A \1/2\ hour.
90 db A 1\1/2\ hours.
Fe=(\1/4\/\1/2\)+(\1/2\/2)+(1\1/2\/8)
Fe=0.500+0.25+0.188
Fe=0.938
Since the value of Fe does not exceed unity, the exposure is
within permissible limits.
(e) Exposure to impulsive or impact noise should not exceed 140 dB
peak sound pressure level.
Sec. 1926.53 Ionizing radiation.
(a) In construction and related activities involving the use of
sources of
[[Page 29]]
ionizing radiation, the pertinent provisions of the Nuclear Regulatory
Commission's Standards for Protection Against Radiation (10 CFR part
20), relating to protection against occupational radiation exposure,
shall apply.
(b) Any activity which involves the use of radioactive materials or
X-rays, whether or not under license from the Nuclear Regulatory
Commission, shall be performed by competent persons specially trained in
the proper and safe operation of such equipment. In the case of
materials used under Commission license, only persons actually licensed,
or competent persons under direction and supervision of the licensee,
shall perform such work.
(c)--(r) [Reserved]
Note: The requirements applicable to construction work under
paragraphs (c) through (r) of this section are identical to those set
forth at paragraphs (a) through (p) of Sec. 1910.1096 of this chapter.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 61
FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996]
Sec. 1926.54 Nonionizing radiation.
(a) Only qualified and trained employees shall be assigned to
install, adjust, and operate laser equipment.
(b) Proof of qualification of the laser equipment operator shall be
available and in possession of the operator at all times.
(c) Employees, when working in areas in which a potential exposure
to direct or reflected laser light greater than 0.005 watts (5
milliwatts) exists, shall be provided with antilaser eye protection
devices as specified in subpart E of this part.
(d) Areas in which lasers are used shall be posted with standard
laser warning placards.
(e) Beam shutters or caps shall be utilized, or the laser turned
off, when laser transmission is not actually required. When the laser is
left unattended for a substantial period of time, such as during lunch
hour, overnight, or at change of shifts, the laser shall be turned off.
(f) Only mechanical or electronic means shall be used as a detector
for guiding the internal alignment of the laser.
(g) The laser beam shall not be directed at employees.
(h) When it is raining or snowing, or when there is dust or fog in
the air, the operation of laser systems shall be prohibited where
practicable; in any event, employees shall be kept out of range of the
area of source and target during such weather conditions.
(i) Laser equipment shall bear a label to indicate maximum output.
(j) Employees shall not be exposed to light intensities above:
(1) Direct staring: 1 micro-watt per square centimeter;
(2) Incidental observing: 1 milliwatt per square centimeter;
(3) Diffused reflected light: 2\1/2\ watts per square centimeter.
(k) Laser unit in operation should be set up above the heads of the
employees, when possible.
(l) Employees shall not be exposed to microwave power densities in
excess of 10 milliwatts per square centimeter.
Sec. 1926.55 Gases, vapors, fumes, dusts, and mists.
(a) Exposure of employees to inhalation, ingestion, skin absorption,
or contact with any material or substance at a concentration above those
specified in the ``Threshold Limit Values of Airborne Contaminants for
1970'' of the American Conference of Governmental Industrial Hygienists,
shall be avoided. See Appendix A to this section.
(b) To achieve compliance with paragraph (a) of this section,
administrative or engineering controls must first be implemented
whenever feasible. When such controls are not feasible to achieve full
compliance, protective equipment or other protective measures shall be
used to keep the exposure of employees to air contaminants within the
limits prescribed in this section. Any equipment and technical measures
used for this purpose must first be approved for each particular use by
a competent industrial hygienist or other technically qualified person.
Whenever respirators are used, their use shall comply with
Sec. 1926.103.
(c) Paragraphs (a) and (b) of this section do not apply to the
exposure of employees to airborne asbestos, tremolite, anthophyllite, or
actinolite
[[Page 30]]
dust. Whenever any employee is exposed to airborne asbestos, tremolite,
anthophyllite, or actinolite dust, the requirements of Sec. 1910.1101 or
Sec. 1926.58 of this title shall apply.
(d) Paragraphs (a) and (b) of this section do not apply to the
exposure of employees to formaldehyde. Whenever any employee is exposed
to formaldehyde, the requirements of Sec. 1910.1048 of this title shall
apply.
Appendix A to Sec. 1926.55--1970 American Conference of Governmental
Industrial Hygienists' Threshold Limit Values of Airborne Contaminants
Threshold Limit Values of Airborne Contaminants for Construction
----------------------------------------------------------------------------------------------------------------
mg/m 3 Skin
Substance CAS No.d ppm a b Designation
----------------------------------------------------------------------------------------------------------------
Abate; see Temephos.................................
Acetaldehyde........................................ 75-07-0 200 360 --
Acetic acid......................................... 64-19-7 10 25 --
Acetic anhydride.................................... 108-24-7 5 20 --
Acetone............................................. 67-64-1 1000 2400 --
Acetonitrile........................................ 75-05-8 40 70 --
2-Acetylaminofluorine; see Sec. 1926.1114.......... 53-96-3
Acetylene........................................... 74-86-2 E
Acetylene dichloride; see 1,2-Dichloroethylene......
Acetylene tetrabromide.............................. 79-27-6 1 14 --
Acrolein............................................ 107-02-8 0.1 0.25 --
Acrylamide.......................................... 79-06-1 -- 0.3 X
Acrylonitrile; see Sec. 1926.1145.................. 107-13-1
Aldrin.............................................. 309-00-2 -- 0.25 X
Allyl alcohol....................................... 107-18-6 2 5 X
Allyl chloride...................................... 107-05-1 1 3 --
Allyl glycidyl ether (AGE).......................... 106-92-3 (C)10 (C)45 --
Allyl propyl disulfide.............................. 2179-59-1 2 12 --
alpha-Alumina....................................... 1344-28-1
Total dust........................................ -- --
Respirable fraction............................... -- --
Alundum; see alpha-Alumina..........................
4-Aminodiphenyl; see Sec. 1926.1111................ 92-67-1
2-Aminoethanol; see Ethanolamine....................
2-Aminopyridine..................................... 504-29-0 0.5 2 --
Ammonia............................................. 7664-41-7 50 35 --
Ammonium sulfamate.................................. 7773-06-0
Total dust........................................ -- 15 --
Respirable fraction............................... -- 5 --
n-Amyl acetate...................................... 628-63-7 100 525 --
sec-Amyl acetate.................................... 626-38-0 125 650 --
Aniline and homologs................................ 62-53-3 5 19 X
Anisidine (o-, p-isomers)........................... 29191-52-4 -- 0.5 X
Antimony and compounds (as Sb)...................... 7440-36-0 -- 0.5 --
ANTU (alpha Naphthylthiourea)....................... 86-88-4 -- 0.3 --
Argon............................................... 7440-37-1 E
Arsenic, inorganic compounds (as As); see Sec.
1926.1118.......................................... 7440-38-2 -- -- --
Arsenic, organic compounds (as As).................. 7440-38-2 -- 0.5 --
Arsine.............................................. 7784-42-1 0.05 0.2 --
Asbestos; see 1926.58...............................
Azinphos-methyl..................................... 86-50-0 -- 0.2 X
[[Page 31]]
Barium, soluble compounds (as Ba)................... 7440-39-3 -- 0.5 --
Benzene g; see Sec. 1926.1128...................... 71-43-2
Benzidine; see Sec. 1926.1110...................... 92-87-5
p-Benzoquinone; see Quinone.........................
Benzo(a)pyrene; see Coal tar pitch volatiles........
Benzoyl peroxide.................................... 94-36-0 -- 5 --
Benzyl chloride..................................... 100-44-7 1 5 --
Beryllium and beryllium compounds (as Be)........... 7440-41-7 -- 0.002 --
Biphenyl; see Diphenyl..............................
Bisphenol A; see Diglycidyl ether...................
Boron oxide......................................... 1303-86-2
Total dust........................................ -- 15 --
Boron tribromide.................................... 10294-33-4 1 10 --
Boron trifluoride................................... 7637-07-2 (C)1 (C)3 --
Bromine............................................. 7726-95-6 0.1 0.7 --
Bromine pentafluoride............................... 7789-30-2 0.1 0.7 --
Bromoform........................................... 75-25-2 0.5 5 X
Butadiene (1,3-Butadiene); see 29 CFR 1910.1051; 29
CFR 1910.19(l)..................................... 106-99-0 STEL 1
ppm/5
ppm ....... --
Butanethiol; see Butyl mercaptan....................
2-Butanone (Methyl ethyl ketone).................... 78-93-3 200 590 --
2-Butoxyethanol..................................... 111-76-2 50 240 X
n-Butyl-acetate..................................... 123-86-4 150 710 --
sec-Butyl acetate................................... 105-46-4 200 950 --
tert-Butyl acetate.................................. 540-88-5 200 950 --
n-Butyl alcohol..................................... 71-36-3 100 300 --
sec-Butyl alcohol................................... 78-92-2 150 450 --
tert-Butyl alcohol.................................. 75-65-0 100 300 --
Butylamine.......................................... 109-73-9 (C)5 (C)15 X
tert-Butyl chromate (as CrO3)....................... 1189-85-1 -- (C)0.1 X
n-Butyl glycidyl ether (BGE)........................ 2426-08-6 50 270 --
Butyl mercaptan..................................... 109-79-5 0.5 1.5 --
p-tert-Butyltoluene................................. 98-51-1 10 60 --
Cadmium (as Cd); see 1926.1127...................... 7440-43-9
Calcium carbonate................................... 1317-65-3
Total dust........................................ -- --
Respirable fraction............................... -- --
Calcium oxide....................................... 1305-78-8 -- 5 --
Calcium sulfate..................................... 7778-18-9
Total dust........................................ -- 15 --
Respirable fraction............................... -- 5 --
Camphor, synthetic.................................. 76-22-2 -- 2 --
Carbaryl (Sevin).................................... 63-25-2 -- 5 --
Carbon black........................................ 1333-86-4 -- 3.5 --
Carbon dioxide...................................... 124-38-9 5000 9000 --
Carbon disulfide.................................... 75-15-0 20 60 X
Carbon monoxide..................................... 630-08-0 50 55 --
Carbon tetrachloride................................ 56-23-5 10 65 X
[[Page 32]]
Cellulose........................................... 9004-34-6
Total dust........................................ -- --
Respirable fraction............................... -- --
Chlordane........................................... 57-74-9 -- 0.5 X
Chlorinated camphene................................ 8001-35-2 -- 0.5 X
Chlorinated diphenyl oxide.......................... 55720-99-5 -- 0.5 --
Chlorine............................................ 7782-50-5 1 3 --
Chlorine dioxide.................................... 10049-04-4 0.1 0.3
Chlorine trifluoride................................ 7790-91-2 (C)0.1 (C)0.4 --
Chloroacetaldehyde.................................. 107-20-0 (C)1 (C)3 --
a-Chloroacetophenone (Phenacyl chloride)............ 532-27-4 0.05 0.3 --
Chlorobenzene....................................... 108-90-7 75 350 --
o-Chlorobenzylidene malononitrile................... 2698-41-1 0.05 0.4 --
Chlorobromomethane.................................. 74-97-5 200 1050 --
2-Chloro-1,3-butadiene; see beta-Chloroprene........
Chlorodiphenyl (42% Chlorine) (PCB)................. 53469-21-9 -- 1 X
Chlorodiphenyl (54% Chlorine) (PCB)................. 11097-69-1 -- 0.5 X
1-Chloro,2,3-epoxypropane; see Epichlorohydrin......
2-Chloroethanol; see Ethylene chlorohydrin..........
Chloroethylene; see Vinyl chloride..................
Chloroform (Trichloromethane)....................... 67-66-3 (C)50 (C)240 --
bis(Chloromethyl) ether; see Sec. 1926.1108........ 542-88-1
Chloromethyl methyl ether; see Sec. 1926.1106...... 107-30-2
1-Chloro-1-nitropropane............................. 600-25-9 20 100 --
Chloropicrin........................................ 76-06-2 0.1 0.7 --
beta-Chloroprene.................................... 126-99-8 25 90 X
Chromic acid and chromates..........................
(as CrO3)......................................... Varies with
compound -- 0.1 --
Chromium (II) compounds.............................
(as Cr)........................................... 7440-47-3 -- 0.5 --
Chromium (III) compounds............................
(as Cr)........................................... 7440-47-3 -- 0.5 --
Chromium metal and insol. salts (as Cr)............. 7440-47-3 -- 1 --
Chrysene; see Coal tar pitch volatiles..............
Coal tar pitch volatiles (benzene soluble fraction),
anthracene, BaP, phenanthrene, acridine, chrysene,
pyrene............................................. 65996-93-2 -- 0.2 --
Cobalt metal, dust, and fume (as Co)................ 7440-48-4 -- 0.1 --
Coke oven emissions; see Sec. 1926.1129............
Copper.............................................. 7440-50-8
Fume (as Cu)...................................... -- 0.1 --
[[Page 33]]
Dusts and mists (as Cu)........................... -- 1 --
Corundum; see Emery.................................
Cotton dust (raw)................................... -- 1
Crag herbicide (Sesone)............................. 136-78-7
Total dust........................................ -- --
Respirable fraction............................... -- --
Cresol, all isomers................................. 1319-77-3 5 22 X
Crotonaldehyde...................................... 123-73-9; 2 6
4170-30-3
Cumene.............................................. 98-82-8 50 245 X
Cyanides (as CN).................................... Varies with
Compound -- 5 X
Cyanogen............................................ 460-19-5 10 -- --
Cyclohexane......................................... 110-82-7 300 1050 --
Cyclohexanol........................................ 108-93-0 50 200 --
Cyclohexanone....................................... 108-94-1 50 200 --
Cyclohexene......................................... 110-83-8 300 1015 --
Cyclonite........................................... 121-82-4 -- 1.5 X
Cyclopentadiene..................................... 542-92-7 75 200 --
DDT, see Dichlorodiphenyltrichloroethane............
DDVP, see Dichlorvos................................
2,4-D (Dichlorophenoxyacetic acid).................. 94-75-7 -- 10 --
Decaborane.......................................... 17702-41-9 0.05 0.3 X
Demeton (Systox).................................... 8065-48-3 -- 0.1 X
Diacetone alcohol (4-Hydroxy-4-methyl-2-pentanone).. 123-42-2 50 240 --
1,2-Diaminoethane; see Ethylenediamine..............
Diazomethane........................................ 334-88-3 0.2 0.4 --
Diborane............................................ 19287-45-7 0.1 0.1 --
1,2-Dibromo-3-chloropropane (DBCP); see Sec.
1926.1144.......................................... 96-12-8 --
1,2-Dibromoethane; see Ethylene dibromide...........
Dibutyl phosphate................................... 107-66-4 1 5 --
Dibutyl phthalate................................... 84-74-2 -- 5 --
Dichloroacetylene................................... 7572-29-4 (C)0.1 (C)0.4 --
o-Dichlorobenzene................................... 95-50-1 (C)50 (C)300 --
p-Dichlorobenzene................................... 106-46-7 75 450 --
3,3'-Dichlorobenzidine; see Sec. 1926.1107......... 91-94-1
Dichlorodifluoromethane............................. 75-71-8 1000 4950 --
1,3-Dichloro-5,5-dimethyl hydantoin................. 118-52-5 -- 0.2 --
Dichlorodiphenyltrichloroethane (DDT)............... 50-29-3 -- 1 X
1,1-Dichloroethane.................................. 75-34-3 100 400 --
1,2-Dichloroethane; see Ethylene dichloride.........
1,2-Dichloroethylene................................ 540-59-0 200 790 --
Dichloroethyl ether................................. 111-44-4 (C)15 (C)90 X
Dichloromethane; see Methylene chloride.............
Dichloromonofluoromethane........................... 75-43-4 1000 4200 --
[[Page 34]]
1,1-Dichloro-1-nitroethane.......................... 594-72-9 (C)10 (C)60 --
1,2-Dichloropropane; see Propylene dichloride.......
Dichlorotetrafluoroethane........................... 76-14-2 1000 7000 --
Dichlorvos (DDVP)................................... 62-73-7 -- 1 X
Dieldrin............................................ 60-57-1 -- 0.25 X
Diethylamine........................................ 109-89-7 25 75 --
2-Diethylaminoethanol............................... 100-37-8 10 50 X
Diethylene triamine................................. 111-40-0 (C)10 (C)42 X
Diethyl ether; see Ethyl ether......................
Difluorodibromomethane.............................. 75-61-6 100 860 --
Diglycidyl ether (DGE).............................. 2238-07-5 (C)0.5 (C)2.8 --
Dihydroxybenzene; see Hydroquinone..................
Diisobutyl ketone................................... 108-83-8 50 290 --
Diisopropylamine.................................... 108-18-9 5 20 X
4-Dimethylaminoazobenzene; see Sec. 1926.1115...... 60-11-7
Dimethoxymethane; see Methylal......................
Dimethyl acetamide.................................. 127-19-5 10 35 X
Dimethylamine....................................... 124-40-3 10 18 --
Dimethylaminobenzene; see Xylidine..................
Dimethylaniline (N,N-Dimethylaniline)............... 121-69-7 5 25 X
Dimethylbenzene; see Xylene.........................
Dimethyl-1,2-dibromo- 2,2-dichloroethyl phosphate... 300-76-5 -- 3 --
Dimethylformamide................................... 68-12-2 10 30 X
2,6-Dimethyl-4-heptanone; see Diisobutyl ketone.....
1,1-Dimethylhydrazine............................... 57-14-7 0.5 1 X
Dimethylphthalate................................... 131-11-3 -- 5 --
Dimethyl sulfate.................................... 77-78-3 1 5 X
Dinitrobenzene (all isomers)........................ 1 X
(ortho)........................................... 528-29-0
(meta)............................................ 99-65-0
(para)............................................ 100-25-4
Dinitro-o-cresol.................................... 534-52-1 -- 0.2 X
Dinitrotoluene...................................... 25321-14-6 -- 1.5 X
Dioxane (Diethylene dioxide)........................ 123-91-1 100 360 X
Diphenyl (Biphenyl)................................. 92-52-4 0.2 1 --
Diphenylamine....................................... 122-39-4 -- 10 --
Diphenylmethane diisocyanate; see Methylene
bisphenyl isocyanate...............................
Dipropylene glycol methyl ether..................... 34590-94-8 100 600 X
Di-sec octyl phthalate (Di-(2-ethylhexyl) phthalate) 117-81-7 -- 5 --
Emery............................................... 12415-34-8
Total dust........................................ -- --
Respirable fraction............................... -- --
Endosulfan.......................................... 115-29-7 -- 0.1 X
Endrin.............................................. 72-20-8 -- 0.1 X
[[Page 35]]
Epichlorohydrin..................................... 106-89-8 5 19 X
EPN................................................. 2104-64-5 -- 0.5 X
1,2-Epoxypropane; see Propylene oxide...............
2,3-Epoxy-1-propanol; see Glycidol..................
Ethane.............................................. 74-84-0 E
Ethanethiol; see Ethyl mercaptan....................
Ethanolamine........................................ 141-43-5 3 6 --
2-Ethoxyethanol (Cellosolve)........................ 110-80-5 200 740 X
2-Ethoxyethyl acetate (Cellosolve acetate).......... 111-15-9 100 540 X
Ethyl acetate....................................... 141-78-6 400 1400 --
Ethyl acrylate...................................... 140-88-5 25 100 X
Ethyl alcohol (Ethanol)............................. 64-17-5 1000 1900 --
Ethylamine.......................................... 75-04-7 10 18 --
Ethyl amyl ketone (5-Methyl-3-heptanone)............ 541-85-5 25 130 --
Ethyl benzene....................................... 100-41-4 100 435 --
Ethyl bromide....................................... 74-96-4 200 890 --
Ethyl butyl ketone (3-Heptanone).................... 106-35-4 50 230 --
Ethyl chloride...................................... 75-00-3 1000 2600 --
Ethyl ether......................................... 60-29-7 400 1200 --
Ethyl formate....................................... 109-94-4 100 300 --
Ethyl mercaptan..................................... 75-08-1 0.5 1 --
Ethyl silicate...................................... 78-10-4 100 850 --
Ethylene............................................ 74-85-1 E
Ethylene chlorohydrin............................... 107-07-3 5 16 X
Ethylenediamine..................................... 107-15-3 10 25 --
Ethylene dibromide.................................. 106-93-4 (C)25 (C)190 X
Ethylene dichloride (1,2-Dichloroethane)............ 107-06-2 50 200 --
Ethylene glycol dinitrate........................... 628-96-6 (C)0.2 (C)1 X
Ethylene glycol methyl acetate; see Methyl
cellosolve acetate.................................
Ethyleneimine; see Sec. 1926.1112.................. 151-56-4
Ethylene oxide; see Sec. 1926.1147................. 75-21-8
Ethylidene chloride; see 1,1-Dichloroethane.........
N-Ethylmorpholine................................... 100-74-3 20 94 X
Ferbam.............................................. 14484-64-1
Total dust........................................ -- 15 --
Ferrovanadium dust.................................. 12604-58-9 -- 1 --
Fibrous Glass.......................................
Total dust........................................ --
Respirable fraction............................... -- --
Fluorides (as F).................................... Varies with
compound -- 2.5 --
Fluorine............................................ 7782-41-4 0.1 0.2 --
Fluorotrichloromethane (Trichlorofluoromethane)..... 75-69-4 1000 5600 --
Formaldehyde; see Sec. 1926.1148................... 50-00-0
Formic acid......................................... 64-18-6 5 9 --
Furfural............................................ 98-01-1 5 20 X
Furfuryl alcohol.................................... 98-00-0 50 200 --
[[Page 36]]
Gasoline............................................ 8006-61-9 A 3 --
Glycerin (mist)..................................... 56-81-5
Total dust........................................ -- --
Respirable fraction............................... -- --
Glycidol............................................ 556-52-5 50 150 --
Glycol monoethyl ether; see 2-Ethoxyethanol.........
Graphite, natural, respirable dust.................. 7782-42-5 (\2\) (\2\) (\2\)
Graphite, synthetic.................................
Total dust........................................ -- --
Respirable fraction............................... -- --
Guthion; see Azinphos methyl........................
Gypsum.............................................. 13397-24-5
Total dust........................................ -- --
Respirable fraction............................... -- --
Hafnium............................................. 7440-58-6 -- 0.5 --
Helium.............................................. 7440-59-7 E
Heptachlor.......................................... 76-44-8 -- 0.5 X
Heptane (n-Heptane)................................. 142-82-5 500 2000 --
Hexachloroethane.................................... 67-72-1 1 10 X
Hexachloronaphthalene............................... 1335-87-1 -- 0.2 X
n-Hexane............................................ 110-54-3 500 1800 --
2-Hexanone (Methyl n-butyl ketone).................. 591-78-6 100 410 --
Hexone (Methyl isobutyl ketone)..................... 108-10-1 100 410 --
sec-Hexyl acetate................................... 108-84-9 50 300 --
Hydrazine........................................... 302-01-2 1 1.3 X
Hydrogen............................................ 1333-74-0 E
Hydrogen bromide.................................... 10035-10-6 3 10 --
Hydrogen chloride................................... 7647-01-0 (C)5 (C)7 --
Hydrogen cyanide.................................... 74-90-8 10 11 X
Hydrogen fluoride (as F)............................ 7664-39-3 3 2 --
Hydrogen peroxide................................... 7722-84-1 1 1.4 --
Hydrogen selenide (as Se)........................... 7783-07-5 0.05 .02 --
Hydrogen sulfide.................................... 7783-06-4 10 15 --
Hydroquinone........................................ 123-31-9 -- 2 --
Indene.............................................. 95-13-6 10 45 --
Indium and compounds (as In)........................ 7440-74-6 -- 0.1 --
Iodine.............................................. 7553-56-2 (C)0.1 (C)1 --
Iron oxide fume..................................... 1309-37-1 -- 10 --
Iron salts (soluble) (as Fe)........................ Varies with
compound -- 1 --
Isoamyl acetate..................................... 123-92-2 100 525 --
Isoamyl alcohol (primary and secondary)............. 123-51-3 100 360 --
Isobutyl acetate.................................... 110-19-0 150 700 --
Isobutyl alcohol.................................... 78-83-1 100 300 --
Isophorone.......................................... 78-59-1 25 140 --
Isopropyl acetate................................... 108-21-4 250 950 --
Isopropyl alcohol................................... 67-63-0 400 980 --
Isopropylamine...................................... 75-31-0 5 12 --
Isopropyl ether..................................... 108-20-3 500 2100 --
Isopropyl glycidyl ether (IGE)...................... 4016-14-2 50 240 --
Kaolin.............................................. 1332-58-7
Total dust........................................ -- --
Respirable fraction............................... -- --
Ketene.............................................. 463-51-4 0.5 0.9 --
[[Page 37]]
Lead, inorganic (as Pb); see 1926.62................ 7439-92-1
Limestone........................................... 1317-65-3
Total dust........................................ -- --
Respirable fraction............................... -- --
Lindane............................................. 58-89-9 -- 0.5 X
Lithium hydride..................................... 7580-67-8 -- 0.025 --
L.P.G. (Liquefied petroleum gas).................... 68476-85-7 1000 1800
Magnesite........................................... 546-93-0
Total dust........................................ -- --
Respirable fraction............................... -- --
Magnesium oxide fume................................ 1309-48-4
Total particulate................................. 15 -- --
Malathion........................................... 121-75-5
Total dust........................................ -- 15 X
Maleic anhydride.................................... 108-31-6 0.25
Manganese compounds (as Mn)......................... 7439-96-5 -- (C)5 --
Manganese fume (as Mn).............................. 7439-96-5 -- (C)5 --
Marble.............................................. 1317-65-3
Total dust........................................ -- --
Respirable fraction............................... -- --
Mercury (aryl and inorganic)(as Hg)................. 7439-97-6 0.1 X
Mercury (organo) alkyl compounds (as Hg)............ 7439-97-6 -- 0.01 X
Mercury (vapor) (as Hg)............................. 7439-97-6 -- 0.1 X
Mesityl oxide....................................... 141-79-7 25 100 --
Methane............................................. 74-82-8 E
Methanethiol; see Methyl mercaptan..................
Methoxychlor........................................ 72-43-5
Total dust........................................ -- 15 --
2-Methoxyethanol (Methyl cellosolve)................ 109-86-4 25 80 X
2-Methoxyethyl acetate (Methyl cellosolve acetate).. 110-49-6 25 120 X
Methyl acetate...................................... 79-20-9 200 610 --
Methyl acetylene (Propyne).......................... 74-99-7 1000 1650 --
Methyl acetylene-propadiene mixture (MAPP).......... 1000 1800 --
Methyl acrylate..................................... 96-33-3 10 35 X
Methylal (Dimethoxy-methane)........................ 109-87-5 1000 3100 --
Methyl alcohol...................................... 67-56-1 200 260 --
Methylamine......................................... 74-89-5 10 12 --
Methyl amyl alcohol; see Methyl isobutyl carbinol...
Methyl n-amyl ketone................................ 110-43-0 100 465 --
Methyl bromide...................................... 74-83-9 (C)20 (C)80 X
Methyl butyl ketone; see 2-Hexanone.................
Methyl cellosolve; see 2-Methoxyethanol.............
Methyl cellosolve acetate; see 2-Methoxyethyl
acetate............................................
Methylene chloride; see Sec. 1910.1052.............
[[Page 38]]
Methyl chloroform (1,1,1-Trichloroethane)........... 71-55-6 350 1900 --
Methylcyclohexane................................... 108-87-2 500 2000 --
Methylcyclohexanol.................................. 25639-42-3 100 470 --
o-Methylcyclohexanone............................... 583-60-8 100 460 X
Methylene chloride.................................. 75-09-2 500 1740 --
Methylenedianiline (MDA)............................ 101-77-9
Methyl ethyl ketone (MEK); see 2-Butanone...........
Methyl formate...................................... 107-31-3 100 250 --
Methyl hydrazine (Monomethyl hydrazine)............. 60-34-4 (C)0.2 (C)0.3
5 X
Methyl iodide....................................... 74-88-4 5 28 X
Methyl isoamyl ketone............................... 110-12-3 100 475 --
Methyl isobutyl carbinol............................ 108-11-2 25 100 X
Methyl isobutyl ketone; see Hexone..................
Methyl isocyanate................................... 624-83-9 0.02 0.05 X
Methyl mercaptan.................................... 74-93-1 0.5 1 --
Methyl methacrylate................................. 80-62-6 100 410 --
Methyl propyl ketone; see 2-Pentanone...............
Methyl silicate..................................... 681-84-5 (C)5 (C)30 --
alpha-Methyl styrene................................ 98-83-9 (C)100 (C)480 --
Methylene bisphenyl isocyanate (MDI)................ 101-68-8 (C)0.02 (C)0.2 --
Mica; see Silicates.................................
Molybdenum (as Mo).................................. 7439-98-7
Soluble compounds................................. -- 5 --
Insoluble compounds...............................
Total dust...................................... -- 15 --
Monomethyl aniline.................................. 100-61-8 2 9 X
Monomethyl hydrazine; see Methyl hydrazine..........
Morpholine.......................................... 110-91-8 20 70 X
Naphtha (Coal tar).................................. 8030-30-6 100 400 --
Naphthalene......................................... 91-20-3 10 50 --
alpha-Naphthylamine; see Sec. 1926.1104............ 134-32-7
beta-Naphthylamine; see Sec. 1926.1109............. 91-59-8 --
Neon................................................ 7440-01-9 E
Nickel carbonyl (as Ni)............................. 13463-39-3 0.001 0.007 --
Nickel, metal and insoluble compounds (as Ni)....... 7440-02-0 -- 1 --
Nickel, soluble compounds (as Ni)................... 7440-02-0 -- 1 --
Nicotine............................................ 54-11-5 -- 0.5 X
Nitric acid......................................... 7697-37-2 2 5 --
Nitric oxide........................................ 10102-43-9 25 30 --
p-Nitroaniline...................................... 100-01-6 1 6 X
Nitrobenzene........................................ 98-95-3 1 5 X
p-Nitrochlorobenzene................................ 100-00-5 -- 1 X
4-Nitrodiphenyl; see Sec. 1926.1103................ 92-93-3
Nitroethane......................................... 79-24-3 100 310 --
Nitrogen............................................ 7727-37-9 E
Nitrogen dioxide.................................... 10102-44-0 (C)5 (C)9 --
Nitrogen trifluoride................................ 7783-54-2 10 29 --
Nitroglycerin....................................... 55-63-0 (C)0.2 (C)2 X
Nitromethane........................................ 75-52-5 100 250 --
1-Nitropropane...................................... 108-03-2 25 90 --
[[Page 39]]
2-Nitropropane...................................... 79-46-9 25 90 --
N-Nitrosodimethylamine; see Sec. 1926.1116......... 62-79-9 --
Nitrotoluene (all isomers).......................... 5 30 X
o-isomer.......................................... 88-72-2;
m-isomer.......................................... 99-08-1;
p-isomer.......................................... 99-99-0
Nitrotrichloromethane; see Chloropicrin.............
Nitrous oxide....................................... 10024-97-2 E
Octachloronaphthalene............................... 2234-13-1 -- 0.1 X
Octane.............................................. 111-65-9 400 1900 --
Oil mist, mineral................................... 8012-95-1 -- 5 --
Osmium tetroxide (as Os)............................ 20816-12-0 -- 0.002 --
Oxalic acid......................................... 144-62-7 -- 1 --
Oxygen difluoride................................... 7783-41-7 0.05 0.1 --
Ozone............................................... 10028-15-6 0.1 0.2 --
Paraquat, respirable dust........................... 4685-14-7; -- 0.5 X
1910-42-5;
2074-50-2
Parathion........................................... 56-38-2 -- 0.1 X
Particulates not otherwise regulated................
Total dust organic and inorganic.................. -- 15 --
PCB; see Chlorodiphenyl (42% and 54% chlorine)......
Pentaborane......................................... 19624-22-7 0.005 0.01 --
Pentachloronaphthalene.............................. 1321-64-8 -- 0.5 X
Pentachlorophenol................................... 87-86-5 -- 0.5 X
Pentaerythritol..................................... 115-77-5
Total dust........................................ -- --
Respirable fraction............................... -- --
Pentane............................................. 109-66-0 500 1500 --
2-Pentanone (Methyl propyl ketone).................. 107-87-9 200 700 --
Perchloroethylene (Tetrachloroethylene)............. 127-18-4 100 670 --
Perchloromethyl mercaptan........................... 594-42-3 0.1 0.8 --
Perchloryl fluoride................................. 7616-94-6 3 13.5 --
Petroleum distillates (Naphtha)(Rubber Solvent)..... A 3 --
Phenol.............................................. 108-95-2 5 19 X
p-Phenylene diamine................................. 106-50-3 -- 0.1 X
Phenyl ether, vapor................................. 101-84-8 1 7 --
Phenyl ether-biphenyl mixture, vapor................ 1 7 --
Phenylethylene; see Styrene.........................
Phenyl glycidyl ether (PGE)......................... 122-60-1 10 60 --
Phenylhydrazine..................................... 100-63-0 5 22 X
Phosdrin (Mevinphos)................................ 7786-34-7 -- 0.1 X
Phosgene (Carbonyl chloride)........................ 75-44-5 0.1 0.4 --
Phosphine........................................... 7803-51-2 0.3 0.4 --
Phosphoric acid..................................... 7664-38-2 -- 1 --
Phosphorus (yellow)................................. 7723-14-0 -- 0.1 --
Phosphorus pentachloride............................ 10026-13-8 -- 1 --
Phosphorus pentasulfide............................. 1314-80-3 -- 1 --
[[Page 40]]
Phosphorus trichloride.............................. 7719-12-2 0.5 3 --
Phthalic anhydride.................................. 85-44-9 2 12 --
Picric acid......................................... 88-89-1 -- 0.1 X
Pindone (2-Pivalyl-1,3-indandione).................. 83-26-1 -- 0.1 --
Plaster of Paris.................................... 26499-65-0
Total dust........................................ -- --
Respirable fraction............................... -- --
Platinum (as Pt).................................... 7440-06-4
Metal............................................. -- -- --
Soluble salts..................................... -- 0.002 --
Polytetrafluoroethylene decomposition products...... A 2
Portland cement..................................... 65997-15-1
Total dust........................................ -- 15 --
Respirable fraction............................... 5 --
Propane............................................. 74-98-6 E
Propargyl alcohol................................... 107-19-7 1 -- X
beta-Propriolactone; see Sec. 1926.1113............ 57-57-8
n-Propyl acetate.................................... 109-60-4 200 840 --
n-Propyl alcohol.................................... 71-23-8 200 500 --
n-Propyl nitrate.................................... 627-13-4 25 110 --
Propylene dichloride................................ 78-87-5 75 350 --
Propylene imine..................................... 75-55-8 2 5 X
Propylene oxide..................................... 75-56-9 100 240 --
Propyne; see Methyl acetylene.......................
Pyrethrum........................................... 8003-34-7 -- 5 --
Pyridine............................................ 110-86-1 5 15 --
Quinone............................................. 106-51-4 0.1 0.4 --
RDX; see Cyclonite..................................
Rhodium (as Rh), metal fume and insoluble compounds. 7440-16-6 -- 0.1 --
Rhodium (as Rh), soluble compounds.................. 7440-16-6 -- 0.001 --
Ronnel.............................................. 299-84-3 -- 10 --
Rotenone............................................ 83-79-4 -- 5 --
Rouge...............................................
Total dust........................................ -- --
Respirable fraction............................... -- --
Selenium compounds (as Se).......................... 7782-49-2 -- 0.2 --
Selenium hexafluoride (as Se)....................... 7783-79-1 0.05 0.4 --
Silica, amorphous, precipitated and gel............. 112926-00-8 (\2\) (\2\) (\2\)
Silica, amorphous, diatomaceous earth, containing
less than 1% crystalline silica.................... 61790-53-2 (\2\) (\2\) (\2\)
Silica, crystalline cristobalite, respirable dust... 14464-46-1 (\2\) (\2\) (\2\)
Silica, crystalline quartz, respirable dust......... 14808-60-7 (\2\) (\2\) (\2\)
Silica, crystalline tripoli (as quartz), respirable
dust............................................... 1317-95-9 (\2\) (\2\) (\2\)
Silica, crystalline tridymite, respirable dust...... 15468-32-3 (\2\) (\2\) (\2\)
[[Page 41]]
Silica, fused, respirable dust...................... 60676-86-0 (\2\) (\2\) (\2\)
Silicates (less than 1% crystalline silica).........
Mica (respirable dust)............................ 12001-26-2 (\2\) (\2\) (\2\)
Soapstone, total dust............................. (\2\) (\2\) (\2\)
Soapstone, respirable dust........................ (\2\) (\2\) (\2\)
Talc (containing asbestos); use asbestos limit;
see 1926.58......................................
Talc (containing no asbestos), respirable dust.... 14807-96-6 (\2\) (\2\) (\2\)
Tremolite, asbestiform; see 1926.58...............
Silicon carbide..................................... 409-21-2
Total dust........................................ -- --
Respirable fraction............................... -- --
Silver, metal and soluble compounds (as Ag)......... 7440-22-4 -- 0.01 --
Soapstone; see Silicates............................
Sodium fluoroacetate................................ 62-74-8 -- 0.05 X
Sodium hydroxide.................................... 1310-73-2 -- 2 --
Starch.............................................. 9005-25-8
Total dust........................................ -- --
Respirable fraction............................... -- --
Stibine............................................. 7803-52-3 0.1 0.5 --
Stoddard solvent.................................... 8052-41-3 200 1150 --
Strychnine.......................................... 57-24-9 -- 0.15 --
Styrene............................................. 100-42-5 (C)100 (C)420 --
Sucrose............................................. 57-50-1
Total dust........................................ -- --
Respirable fraction............................... -- --
Sulfur dioxide...................................... 7446-09-5 5 13 --
Sulfur hexafluoride................................. 2551-62-4 1000 6000 --
Sulfuric acid....................................... 7664-93-9 -- 1 --
Sulfur monochloride................................. 10025-67-9 1 6 --
Sulfur pentafluoride................................ 5714-22-7 0.025 0.25 --
Sulfuryl fluoride................................... 2699-79-8 5 20 --
Systox, see Demeton.................................
2,4,5-T (2,4,5-trichlorophenoxyacetic acid)......... 93-76-5 -- 10 --
Talc; see Silicates--...............................
Tantalum, metal and oxide dust...................... 7440-25-7 -- 5 --
TEDP (Sulfotep)..................................... 3689-24-5 -- 0.2 X
Teflon decomposition products....................... A2
Tellurium and compounds (as Te)..................... 13494-80-9 -- 0.1 --
Tellurium hexafluoride (as Te)...................... 7783-80-4 0.02 0.2 --
Temephos............................................ 3383-96-8
Total dust........................................ -- --
Respirable fraction............................... -- --
TEPP (Tetraethyl pyrophosphate)..................... 107-49-3 -- 0.05 X
Terphenyls.......................................... 26140-60-3 (C)1 (C)9 --
[[Page 42]]
1,1,1,2-Tetrachloro-2,2-difluoroethane.............. 76-11-9 500 4170 --
1,1,2,2-Tetrachloro-1,2-difluoroethane.............. 76-12-0 500 4170 --
1,1,2,2-Tetrachloroethane........................... 79-34-5 5 35 X
Tetrachloroethylene; see Perchloroethylene..........
Tetrachloromethane; see Carbon tetrachloride........
Tetrachloronaphthalene.............................. 1335-88-2 -- 2 X
Tetraethyl lead (as Pb)............................. 78-00-2 -- 0.1 X
Tetrahydrofuran..................................... 109-99-9 200 590 --
Tetramethyl lead, (as Pb)........................... 75-74-1 -- 0.15 X
Tetramethyl succinonitrile.......................... 3333-52-6 0.5 3 X
Tetranitromethane................................... 509-14-8 1 8 --
Tetryl (2,4,6-Trinitrophenylmethylnitramine)........ 479-45-8 -- 1.5 X
Thallium, soluble compounds (as Tl)................. 7440-28-0 -- 0.1 X
Thiram.............................................. 137-26-8 -- 5 --
Tin, inorganic compounds (except oxides) (as Sn).... 7440-31-5 -- 2 --
Tin, organic compounds (as Sn)...................... 7440-31-5 -- 0.1 --
Tin oxide (as Sn)................................... 21651-19-4 -- -- --
Total dust........................................ -- --
Respirable fraction............................... -- --
Titanium dioxide.................................... 13463-67-7
Total dust........................................ -- --
Toluene............................................. 108-88-3 200 750 --
Toluene-2,4-diisocyanate (TDI)...................... 584-84-9 (C)0.02 (C)0.14 --
o-Toluidine......................................... 95-53-4 5 22 X
Toxaphene; see Chlorinated camphene.................
Tremolite; see Silicates............................
Tributyl phosphate.................................. 126-73-8 -- 5 --
1,1,1-Trichloroethane; see Methyl chloroform........
1,1,2-Trichloroethane............................... 79-00-5 10 45 X
Trichloroethylene................................... 79-01-6 100 535 --
Trichloromethane; see Chloroform....................
Trichloronaphthalene................................ 1321-65-9 -- 5 X
1,2,3-Trichloropropane.............................. 96-18-4 50 300 --
1,1,2-Trichloro-1,2,2-trifluoroethane............... 76-13-1 1000 7600 --
Triethylamine....................................... 121-44-8 25 100 --
Trifluorobromomethane............................... 75-63-8 1000 6100 --
Trimethyl benzene................................... 25551-13-7 25 120 --
2,4,6-Trinitrophenol; see Picric acid...............
2,4,6-Trinitrophenylmethylnitramine; see Tetryl.....
2,4,6-Trinitrotoluene (TNT)......................... 118-96-7 -- 1.5 X
Triorthocresyl phosphate............................ 78-30-8 -- 0.1 --
Triphenyl phosphate................................. 115-86-6 -- 3 --
Tungsten (as W)..................................... 7440-33-7
Insoluble compounds............................... -- 5 --
Soluble compounds................................. -- 1 --
[[Page 43]]
Turpentine.......................................... 8006-64-2 100 560 --
Uranium (as U)...................................... 7440-61-1
Soluble compounds................................. -- 0.2 --
Insoluble compounds............................... -- 0.2 --
Vanadium............................................ 1314-62-1
Respirable dust (as V2O5)......................... -- (C)0.5 --
Fume (as V2O5).................................... -- (C)0.1 --
Vegetable oil mist..................................
Total dust........................................ -- --
Respirable fraction............................... -- --
Vinyl benzene; see Styrene..........................
Vinyl chloride; see Sec. 1926.1117................. 75-01-4
Vinyl cyanide; see Acrylonitrile....................
Vinyl toluene....................................... 25013-15-4 100 480 --
Warfarin............................................ 81-81-2 -- 0.1 --
Xylenes (o-, m-, p-isomers)......................... 1330-20-7 100 435 --
Xylidine............................................ 1300-73-8 5 25 X
Yttrium............................................. 7440-65-5 -- 1 --
Zinc chloride fume.................................. 7646-85-7 -- 1 --
Zinc oxide fume..................................... 1314-13-2 -- 5 --
Zinc oxide.......................................... 1314-13-2
Total dust........................................ -- 15 --
Respirable fraction............................... -- 5 --
Zirconium compounds (as Zr)......................... 7440-67-7 -- 5
----------------------------------------------------------------------------------------------------------------
mineral dusts
Substance mppcf (j)
SILICA:
Crystalline
Quartz. Threshold Limit calculated from the formula........ 250 (k)
------------
%SiO2+5
Cristobalite...............................................
Amorphous, including natural diatomaceous earth.......... 20
SILICATES (less than 1% crystalline silica)
Mica..................................................... 20
Portland cement.......................................... 50
Soapstone................................................ 20
Talc (non-asbestiform)................................... 20
Talc (fibrous), use asbestos limit....................... --
Graphite (natural)......................................... 15
------------------------------------------------------------------------
Inert or Nuisance Particulates: (m) 50 (or 15
mg/m3
whichever
is the
smaller) of
total dust
<1% SiO2
[Inert or Nuisance Dusts includes all mineral, inorganic,
and organic dusts as indicated by examples in TLV's
Appendix D]
Conversion factors.......................................
mppcf x 35.3=million particles per cubic meter=particles
per c.c.
------------------------------------------------------------------------
------------------------------------------------------------------------
Footnotes
\1\ [Reserved]
\2\ See Mineral Dusts Table.
\3\ Use Asbestos Limit Sec. 1926.58.
\4\ See 1926.58.
* The PELs are 8-hour TWAs unless otherwise noted; a (C) designation
denotes a ceiling limit.
** As determined from breathing-zone air samples.
a Parts of vapor or gas per million parts of contaminated air by volume
at 25C and 760 torr.
b Milligrams of substance per cubic meter of air. When entry is in this
column only, the value is exact; when listed with a ppm entry, it is
approximate.
c [Reserved]
d The CAS number is for information only. Enforcement is based on the
substance name. For an entry covering more than one metal compound,
measured as the metal, the CAS number for the metal is given--not CAS
numbers for the individual compounds.
e-f [Reserved]
g For sectors excluded from Sec. 1926.1128 the limit is 10 ppm TWA.
[[Page 44]]
h [Reserved]
i [Reserved]
jMillions of particles per cubic foot of air, based on impinger samples
counted by light-field techniques.
kThe percentage of crystalline silica in the formula is the amount
determined from airborne samples, except in those instances in which
other methods have been shown to be applicable.
l [Reserved]
mCovers all organic and inorganic particulates not otherwise regulated.
Same as Particulates Not Otherwise Regulated.
The 1970 TLV uses letter designations instead of a numerical value as
follows:
A 1 [Reserved]
A 2 Polytetrafluoroethylene decomposition products. Because these
products decompose in part by hydrolysis in alkaline solution, they
can be quantitatively determined in air as fluoride to provide an
index of exposure. No TLV is recommended pending determination of the
toxicity of the products, but air concentrations should be minimal.
A 3 Gasoline and/or Petroleum Distillates. The composition of these
materials varies greatly and thus a single TLV for all types of these
materials is no longer applicable. The content of benzene, other
aromatics and additives should be determined to arrive at the
appropriate TLV.
E Simple asphyxiants. The limiting factor is the available oxygen which
shall be at least 19.5% and be within the requirements addressing
explosion in part 1926.
[39 FR 22801, June 24, 1974, as amended at 51 FR 37007, Oct. 17, 1986;
52 FR 46312, Dec. 4, 1987; 58 FR 35089, June 30, 1993; 61 FR 9249, 9250,
Mar. 7, 1996; 61 FR 56856, Nov. 4, 1996; 62 FR 1619, Jan. 10, 1997]
Sec. 1926.56 Illumination.
(a) General. Construction areas, ramps, runways, corridors, offices,
shops, and storage areas shall be lighted to not less than the minimum
illumination intensities listed in Table D-3 while any work is in
progress:
Table D-3--Minimum Illumination Intensities in Foot-Candles
------------------------------------------------------------------------
Foot-candles Area or operation
------------------------------------------------------------------------
5...................................... General construction area
lighting.
3...................................... General construction areas,
concrete placement, excavation
and waste areas, accessways,
active storage areas, loading
platforms, refueling, and
field maintenance areas.
5...................................... Indoors: warehouses, corridors,
hallways, and exitways.
5...................................... Tunnels, shafts, and general
underground work areas:
(Exception: minimum of 10 foot-
candles is required at tunnel
and shaft heading during
drilling, mucking, and
scaling. Bureau of Mines
approved cap lights shall be
acceptable for use in the
tunnel heading.)
10..................................... General construction plant and
shops (e.g., batch plants,
screening plants, mechanical
and electrical equipment
rooms, carpenter shops,
rigging lofts and active
storerooms, barracks or living
quarters, locker or dressing
rooms, mess halls, and indoor
toilets and workrooms).
30..................................... First aid stations,
infirmaries, and offices.
------------------------------------------------------------------------
(b) Other areas. For areas or operations not covered above, refer to
the American National Standard A11.1-1965, R1970, Practice for
Industrial Lighting, for recommended values of illumination.
Sec. 1926.57 Ventilation.
(a) General. Whenever hazardous substances such as dusts, fumes,
mists, vapors, or gases exist or are produced in the course of
construction work, their concentrations shall not exceed the limits
specified in Sec. 1926.55(a). When ventilation is used as an engineering
control method, the system shall be installed and operated according to
the requirements of this section.
(b) Local exhaust ventilation. Local exhaust ventilation when used
as described in (a) shall be designed to prevent dispersion into the air
of dusts, fumes, mists, vapors, and gases in concentrations causing
harmful exposure. Such exhaust systems shall be so designed that dusts,
fumes, mists, vapors, or gases are not drawn through the work area of
employees.
(c) Design and operation. Exhaust fans, jets, ducts, hoods,
separators, and all necessary appurtenances, including refuse
receptacles, shall be so designed, constructed, maintained and operated
as to ensure the required protection by maintaining a volume and
velocity of exhaust air sufficient to gather dusts, fumes, vapors, or
gases from said equipment or process, and to convey them to suitable
points of safe disposal, thereby preventing their dispersion in harmful
quantities into the atmosphere where employees work.
(d) Duration of operations. (1) The exhaust system shall be in
operation continually during all operations which it is designed to
serve. If the employee remains in the contaminated zone, the
[[Page 45]]
system shall continue to operate after the cessation of said operations,
the length of time to depend upon the individual circumstances and
effectiveness of the general ventilation system.
(2) Since dust capable of causing disability is, according to the
best medical opinion, of microscopic size, tending to remain for hours
in suspension in still air, it is essential that the exhaust system be
continued in operation for a time after the work process or equipment
served by the same shall have ceased, in order to ensure the removal of
the harmful elements to the required extent. For the same reason,
employees wearing respiratory equipment should not remove same
immediately until the atmosphere seems clear.
(e) Disposal of exhaust materials. The air outlet from every dust
separator, and the dusts, fumes, mists, vapors, or gases collected by an
exhaust or ventilating system shall discharge to the outside atmosphere.
Collecting systems which return air to work area may be used if
concentrations which accumulate in the work area air do not result in
harmful exposure to employees. Dust and refuse discharged from an
exhaust system shall be disposed of in such a manner that it will not
result in harmful exposure to employees.
(f) Abrasive blasting--(1) Definitions applicable to this
paragraph--(i) Abrasive. A solid substance used in an abrasive blasting
operation.
(ii) Abrasive-blasting respirator. A continuous flow air-line
respirator constructed so that it will cover the wearer's head, neck,
and shoulders to protect him from rebounding abrasive.
(iii) Blast cleaning barrel. A complete enclosure which rotates on
an axis, or which has an internal moving tread to tumble the parts, in
order to expose various surfaces of the parts to the action of an
automatic blast spray.
(iv) Blast cleaning room. A complete enclosure in which blasting
operations are performed and where the operator works inside of the room
to operate the blasting nozzle and direct the flow of the abrasive
material.
(v) Blasting cabinet. An enclosure where the operator stands outside
and operates the blasting nozzle through an opening or openings in the
enclosure.
(vi) Clean air. Air of such purity that it will not cause harm or
discomfort to an individual if it is inhaled for extended periods of
time.
(vii) Dust collector. A device or combination of devices for
separating dust from the air handled by an exhaust ventilation system.
(viii) Exhaust ventilation system. A system for removing
contaminated air from a space, comprising two or more of the following
elements (A) enclosure or hood, (B) duct work, (C) dust collecting
equipment, (D) exhauster, and (E) discharge stack.
(ix) Particulate-filter respirator. An air purifying respirator,
commonly referred to as a dust or a fume respirator, which removes most
of the dust or fume from the air passing through the device.
(x) Respirable dust. Airborne dust in sizes capable of passing
through the upper respiratory system to reach the lower lung passages.
(xi) Rotary blast cleaning table. An enclosure where the pieces to
be cleaned are positioned on a rotating table and are passed
automatically through a series of blast sprays.
(xii) Abrasive blasting. The forcible application of an abrasive to
a surface by pneumatic pressure, hydraulic pressure, or centrifugal
force.
(2) Dust hazards from abrasive blasting. (i) Abrasives and the
surface coatings on the materials blasted are shattered and pulverized
during blasting operations and the dust formed will contain particles of
respirable size. The composition and toxicity of the dust from these
sources shall be considered in making an evaluation of the potential
health hazards.
(ii) The concentration of respirable dust or fume in the breathing
zone of the abrasive-blasting operator or any other worker shall be kept
below the levels specified in Sec. 1926.55 or other pertinent sections
of this part.
(iii) Organic abrasives which are combustible shall be used only in
automatic systems. Where flammable or explosive dust mixtures may be
present, the construction of the equipment, including the exhaust system
and all electric wiring, shall conform to the requirements of American
National Standard Installation of Blower and
[[Page 46]]
Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying, Z33.1-
1961 (NFPA 91-1961), and subpart S of this part. The blast nozzle shall
be bonded and grounded to prevent the build up of static charges. Where
flammable or explosive dust mixtures may be present, the abrasive
blasting enclosure, the ducts, and the dust collector shall be
constructed with loose panels or explosion venting areas, located on
sides away from any occupied area, to provide for pressure relief in
case of explosion, following the principles set forth in the National
Fire Protection Association Explosion Venting Guide. NFPA 68-1954.
(3) Blast-cleaning enclosures. (i) Blast-cleaning enclosures shall
be exhaust ventilated in such a way that a continuous inward flow of air
will be maintained at all openings in the enclosure during the blasting
operation.
(A) All air inlets and access openings shall be baffled or so
arranged that by the combination of inward air flow and baffling the
escape of abrasive or dust particles into an adjacent work area will be
minimized and visible spurts of dust will not be observed.
(B) The rate of exhaust shall be sufficient to provide prompt
clearance of the dust-laden air within the enclosure after the cessation
of blasting.
(C) Before the enclosure is opened, the blast shall be turned off
and the exhaust system shall be run for a sufficient period of time to
remove the dusty air within the enclosure.
(D) Safety glass protected by screening shall be used in observation
windows, where hard deep-cutting abrasives are used.
(E) Slit abrasive-resistant baffles shall be installed in multiple
sets at all small access openings where dust might escape, and shall be
inspected regularly and replaced when needed.
(1) Doors shall be flanged and tight when closed.
(2) Doors on blast-cleaning rooms shall be operable from both inside
and outside, except that where there is a small operator access door,
the large work access door may be closed or opened from the outside
only.
(4) Exhaust ventilation systems. (i) The construction, installation,
inspection, and maintenance of exhaust systems shall conform to the
principles and requirements set forth in American National Standard
Fundamentals Governing the Design and Operation of Local Exhaust
Systems, Z9.2-1960, and ANSI Z33.1-1961.
(a) When dust leaks are noted, repairs shall be made as soon as
possible.
(b) The static pressure drop at the exhaust ducts leading from the
equipment shall be checked when the installation is completed and
periodically thereafter to assure continued satisfactory operation.
Whenever an appreciable change in the pressure drop indicates a partial
blockage, the system shall be cleaned and returned to normal operating
condition.
(ii) In installations where the abrasive is recirculated, the
exhaust ventilation system for the blasting enclosure shall not be
relied upon for the removal of fines from the spent abrasive instead of
an abrasive separator. An abrasive separator shall be provided for the
purpose.
(iii) The air exhausted from blast-cleaning equipment shall be
discharged through dust collecting equipment. Dust collectors shall be
set up so that the accumulated dust can be emptied and removed without
contaminating other working areas.
(5) Personal protective equipment. (i) Only respiratory protective
equipment approved by the Bureau of Mines, U.S. Department of the
Interior (see 30 CFR part 11) shall be used for protection of personnel
against dusts produced during abrasive-blasting operations.
(ii) Abrasive-blasting respirators shall be worn by all abrasive-
blasting operators:
(A) When working inside of blast-cleaning rooms, or
(B) When using silica sand in manual blasting operations where the
nozzle and blast are not physically separated from the operator in an
exhaust ventilated enclosure, or
(C) Where concentrations of toxic dust dispersed by the abrasive
blasting may exceed the limits set in Sec. 1926.55 or other pertinent
sections of this part and the nozzle and blast are not physically
separated from the operator in an exhaust-ventilated enclosure.
(iii) Particulate filter respirators, commonly referred to as dust-
filter
[[Page 47]]
respirators, properly fitted, may be used for short, intermittent, or
occasional dust exposures such as cleanup, dumping of dust collectors,
or unloading shipments of sand at a receiving point, when it is not
feasible to control the dust by enclosure, exhaust ventilation, or other
means. Respirators used shall be approved (see 30 CFR part 11) for
protection against the specific type of dust encountered.
(A) Dust-filter respirators may be used to protect the operator of
outside abrasive-blasting operations where nonsilica abrasives are used
on materials having low toxicities.
(B) Dust-filter respirators shall not be used for continuous
protection where silica sand is used as the blasting abrasive, or toxic
materials are blasted.
(iv) A respiratory protection program as defined and described in
Sec. 1926.103, shall be established wherever it is necessary to use
respiratory protective equipment.
(v) Operators shall be equipped with heavy canvas or leather gloves
and aprons or equivalent protection to protect them from the impact of
abrasives. Safety shoes shall be worn to protect against foot injury
where heavy pieces of work are handled.
(A) Safety shoes shall conform to the requirements of American
National Standard for Men's Safety-Toe Footwear, Z41.1-1967.
(B) Equipment for protection of the eyes and face shall be supplied
to the operator when the respirator design does not provide such
protection and to any other personnel working in the vicinity of
abrasive blasting operations. This equipment shall conform to the
requirements of Sec. 1926.102.
(6) Air supply and air compressors. The air for abrasive-blasting
respirators shall be free of harmful quantities of dusts, mists, or
noxious gases, and shall meet the requirements for air purity set forth
in ANSI Z9.2-1960. The air from the regular compressed air line of the
plant may be used for the abrasive-blasting respirator if:
(i) A trap and carbon filter are installed and regularly maintained,
to remove oil, water, scale,and odor,
(ii) A pressure reducing diaphragm or valve is installed to reduce
the pressure down to requirements of the particular type of abrasive-
blasting respirator, and
(iii) An automatic control is provided to either sound an alarm or
shut down the compressor in case of overheating.
(7) Operational procedures and general safety. Dust shall not be
permitted to accumulate on the floor or on ledges outside of an
abrasive-blasting enclosure, and dust spills shall be cleaned up
promptly. Aisles and walkways shall be kept clear of steel shot or
similar abrasive which may create a slipping hazard.
(8) Scope. This paragraph applies to all operations where an
abrasive is forcibly applied to a surface by pneumatic or hydraulic
pressure, or by centrifugal force. It does not apply to steam blasting,
or steam cleaning, or hydraulic cleaning methods where work is done
without the aid of abrasives.
(g) Grinding, polishing, and buffing operations--(1) Definitions
applicable to this paragraph--
(i) Abrasive cutting-off wheels. Organic-bonded wheels, the
thickness of which is not more than one forty-eighth of their diameter
for those up to, and including, 20 inches (50.8 cm) in diameter, and not
more than one-sixtieth of their diameter for those larger than 20 inches
(50.8 cm) in diameter, used for a multitude of operations variously
known as cutting, cutting off, grooving, slotting, coping, and jointing,
and the like. The wheels may be ``solid'' consisting of organic-bonded
abrasive material throughout, ``steel centered'' consisting of a steel
disc with a rim of organic-bonded material moulded around the periphery,
or of the ``inserted tooth'' type consisting of a steel disc with
organic-bonded abrasive teeth or inserts mechanically secured around the
periphery.
(ii) Belts. All power-driven, flexible, coated bands used for
grinding, polishing, or buffing purposes.
(iii) Branch pipe. The part of an exhaust system piping that is
connected directly to the hood or enclosure.
(iv) Cradle. A movable fixture, upon which the part to be ground or
polished is placed.
[[Page 48]]
(v) Disc wheels. All power-driven rotatable discs faced with
abrasive materials, artificial or natural, and used for grinding or
polishing on the side of the assembled disc.
(vi) Entry loss. The loss in static pressure caused by air flowing
into a duct or hood. It is usually expressed in inches of water gauge.
(vii) Exhaust system. A system consisting of branch pipes connected
to hoods or enclosures, one or more header pipes, an exhaust fan, means
for separating solid contaminants from the air flowing in the system,
and a discharge stack to outside.
(viii) Grinding wheels. All power-driven rotatable grinding or
abrasive wheels, except disc wheels as defined in this standard,
consisting of abrasive particles held together by artificial or natural
bonds and used for peripheral grinding.
(ix) Header pipe (main pipe). A pipe into which one or more branch
pipes enter and which connects such branch pipes to the remainder of the
exhaust system.
(x) Hoods and enclosures. The partial or complete enclosure around
the wheel or disc through which air enters an exhaust system during
operation.
(xi) Horizontal double-spindle disc grinder. A grinding machine
carrying two power-driven, rotatable, coaxial, horizontal spindles upon
the inside ends of which are mounted abrasive disc wheels used for
grinding two surfaces simultaneously.
(xii) Horizontal single-spindle disc grinder. A grinding machine
carrying an abrasive disc wheel upon one or both ends of a power-driven,
rotatable single horizontal spindle.
(xiii) Polishing and buffing wheels. All power-driven rotatable
wheels composed all or in part of textile fabrics, wood, felt, leather,
paper, and may be coated with abrasives on the periphery of the wheel
for purposes of polishing, buffing, and light grinding.
(xiv) Portable grinder. Any power-driven rotatable grinding,
polishing, or buffing wheel mounted in such manner that it may be
manually manipulated.
(xv) Scratch brush wheels. All power-driven rotatable wheels made
from wire or bristles, and used for scratch cleaning and brushing
purposes.
(xvi) Swing-frame grinder. Any power-driven rotatable grinding,
polishing, or buffing wheel mounted in such a manner that the wheel with
its supporting framework can be manipulated over stationary objects.
(xvii) Velocity pressure (vp). The kinetic pressure in the direction
of flow necessary to cause a fluid at rest to flow at a given velocity.
It is usually expressed in inches of water gauge.
(xviii) Vertical spindle disc grinder. A grinding machine having a
vertical, rotatable power-driven spindle carrying a horizontal abrasive
disc wheel.
(2) Application. Wherever dry grinding, dry polishing or buffing is
performed, and employee exposure, without regard to the use of
respirators, exceeds the permissible exposure limits prescribed in
Sec. 1926.55 or other pertinent sections of this part, a local exhaust
ventilation system shall be provided and used to maintain employee
exposures within the prescribed limits.
(3) Hood and branch pipe requirements. (i) Hoods connected to
exhaust systems shall be used, and such hoods shall be designed,
located, and placed so that the dust or dirt particles shall fall or be
projected into the hoods in the direction of the air flow. No wheels,
discs, straps, or belts shall be operated in such manner and in such
direction as to cause the dust and dirt particles to be thrown into the
operator's breathing zone.
(ii) Grinding wheels on floor stands, pedestals, benches, and
special-purpose grinding machines and abrasive cutting-off wheels shall
have not less than the minimum exhaust volumes shown in Table D-57.1
with a recommended minimum duct velocity of 4,500 feet per minute in the
branch and 3,500 feet per minute in the main. The entry losses from all
hoods except the vertical-spindle disc grinder hood, shall equal 0.65
velocity pressure for a straight takeoff and 0.45 velocity pressure for
a tapered takeoff. The entry loss for the vertical-spindle disc grinder
hood is shown in figure D-57.1 (following paragraph (g) of this
section).
[[Page 49]]
Table D-57.1--Grinding and Abrasive Cutting-Off Wheels
------------------------------------------------------------------------
Minimum
Wheel exhaust
Wheel diameter, inches (cm) width, volume
inches (feet3/
(cm) min.)
------------------------------------------------------------------------
To 9 (22.86).................................... 1\1/2\
(3.81) 220
Over 9 to 16 (22.86 to 40.64)................... 2 (5.08) 390
Over 16 to 19 (40.64 to 48.26).................. 3 (7.62) 500
Over 19 to 24 (48.26 to 60.96).................. 4 (10.16) 610
Over 24 to 30 (60.96 to 76.2)................... 5 (12.7) 880
Over 30 to 36 (76.2 to 91.44)................... 6 (15.24) 1,200
------------------------------------------------------------------------
For any wheel wider than wheel diameters shown in Table D-57.1, increase
the exhaust volume by the ratio of the new width to the width shown.
Example:
If wheel width=4\1/2\ inches (11.43 cm),
then 4.54 x 610 = 686 (rounded to 690).
(iii) Scratch-brush wheels and all buffing and polishing wheels
mounted on floor stands, pedestals, benches, or special-purpose machines
shall have not less than the minimum exhaust volume shown in Table D-
57.2.
Table D-57.2--Buffing and Polishing Wheels
------------------------------------------------------------------------
Minimum
Wheel exhaust
Wheel diameter, inches (cm) width, volume
inches cm) (feet3/
min.)
------------------------------------------------------------------------
To 9 (22.86).................................... 2 (5.08) 300
Over 9 to 16 (22.86 to 40.64)................... 3 (7.62) 500
Over 16 to 19 (40.64 to 48.26).................. 4 (10.16) 610
Over 19 to 24 (48.26 to 60.96).................. 5 (12.7) 740
Over 24 to 30 (60.96 to 76.2)................... 6 (15.24) 1,040
Over 30 to 36 (76.2 to 91.44)................... 6 (15.24) 1,200
------------------------------------------------------------------------
(iv) Grinding wheels or discs for horizontal single-spindle disc
grinders shall be hooded to collect the dust or dirt generated by the
grinding operation and the hoods shall be connected to branch pipes
having exhaust volumes as shown in Table D-57.3.
Table D-57.3--Horizontal Single-Spindle Disc Grinder
------------------------------------------------------------------------
Exhaust
volume
Disc diameter, inches (cm) (ft.3/
min.)
------------------------------------------------------------------------
Up to 12 (30.48)............................................ 220
Over 12 to 19 (30.48 to 48.26).............................. 390
Over 19 to 30 (48.26 to 76.2)............................... 610
Over 30 to 36 (76.2 to 91.44)............................... 880
------------------------------------------------------------------------
(v) Grinding wheels or discs for horizontal double-spindle disc
grinders shall have a hood enclosing the grinding chamber and the hood
shall be connected to one or more branch pipes having exhaust volumes as
shown in Table D-57.4.
Table D-57.4--Horizontal Double-Spindle Disc Grinder
------------------------------------------------------------------------
Exhaust
volume
Disc diameter, inches (cm) (ft.3/
min.)
------------------------------------------------------------------------
Up to 19 (48.26)............................................ 610
Over 19 to 25 (48.26 to 63.5)............................... 880
Over 25 to 30 (63.5 to 76.2)................................ 1,200
Over 30 to 53 (76.2 to 134.62).............................. 1,770
Over 53 to 72 (134.62 to 182.88)............................ 6,280
------------------------------------------------------------------------
(vi) Grinding wheels or discs for vertical single-spindle disc
grinders shall be encircled with hoods to remove the dust generated in
the operation. The hoods shall be connected to one or more branch pipes
having exhaust volumes as shown in Table D-57.5.
Table D-57.5--Vertical Spindle Disc Grinder
------------------------------------------------------------------------
One-half or more Disc not covered
of disc covered -------------------
--------------------
Disc diameter, inches (cm) Exhaust Exhaust
Number\1\ foot3/ Number\1\ foot3/
min. min.
------------------------------------------------------------------------
Up to 20 (50.8)................. 1 500 2 780
Over 20 to 30 (50.8 to 76.2).... 2 780 2 1,480
Over 30 to 53 (76.2 to 134.62).. 2 1,770 4 3,530
Over 53 to 72 (134.62 to 182.88) 2 3,140 5 6,010
------------------------------------------------------------------------
\1\Number of exhaust outlets around periphery of hood, or equal
distribution provided by other means.
(vii) Grinding and polishing belts shall be provided with hoods to
remove dust and dirt generated in the operations and the hoods shall be
connected to branch pipes having exhaust volumes as shown in Table D-
57.6.
Table D-57.6--Grinding and Polishing Belts
------------------------------------------------------------------------
Exhaust
volume
Belts width, inches (cm) (ft.3/
min.)
------------------------------------------------------------------------
Up to 3 (7.62).............................................. 220
Over 3 to 5 (7.62 to 12.7).................................. 300
Over 5 to 7 (12.7 to 17.78)................................. 390
Over 7 to 9 (17.78 to 22.86)................................ 500
Over 9 to 11 (22.86 to 27.94)............................... 610
[[Page 50]]
Over 11 to 13 (27.94 to 33.02).............................. 740
------------------------------------------------------------------------
(viii) Cradles and swing-frame grinders. Where cradles are used for
handling the parts to be ground, polished, or buffed, requiring large
partial enclosures to house the complete operation, a minimum average
air velocity of 150 feet per minute shall be maintained over the entire
opening of the enclosure. Swing-frame grinders shall also be exhausted
in the same manner as provided for cradles. (See fig. D-57.3)
(ix) Where the work is outside the hood, air volumes must be
increased as shown in American Standard Fundamentals Governing the
Design and Operation of Local Exhaust Systems, Z9.2-1960 (section 4,
exhaust hoods).
(4) Exhaust systems. (i) Exhaust systems for grinding, polishing,
and buffing operations should be designed in accordance with American
Standard Fundamentals Governing the Design and Operation of Local
Exhaust Systems, Z9.2-1960.
(ii) Exhaust systems for grinding, polishing, and buffing operations
shall be tested in the manner described in American Standard
Fundamentals Governing the Design and Operation of Local Exhaust
Systems, Z9.2-1960.
(iii) All exhaust systems shall be provided with suitable dust
collectors.
(5) Hood and enclosure design. (i) (A) It is the dual function of
grinding and abrasive cutting-off wheel hoods to protect the operator
from the hazards of bursting wheels as well as to provide a means for
the removal of dust and dirt generated. All hoods shall be not less in
structural strength than specified in the American National Standard
Safety Code for the Use, Care, and Protection of Abrasive Wheels, B7.1-
1970.
(B) Due to the variety of work and types of grinding machines
employed, it is necessary to develop hoods adaptable to the particular
machine in question, and such hoods shall be located as close as
possible to the operation.
(ii) Exhaust hoods for floor stands, pedestals, and bench grinders
shall be designed in accordance with figure D-57.2. The adjustable
tongue shown in the figure shall be kept in working order and shall be
adjusted within one-fourth inch (0.635 cm) of the wheel periphery at all
times.
(iii) Swing-frame grinders shall be provided with exhaust booths as
indicated in figure D-57.3.
(iv) Portable grinding operations, whenever the nature of the work
permits, shall be conducted within a partial enclosure. The opening in
the enclosure shall be no larger than is actually required in the
operation and an average face air velocity of not less than 200 feet per
minute shall be maintained.
(v) Hoods for polishing and buffing and scratch-brush wheels shall
be constructed to conform as closely to figure D-57.4 as the nature of
the work will permit.
(vi) Cradle grinding and polishing operations shall be performed
within a partial enclosure similar to figure D-57.5. The operator shall
be positioned outside the working face of the opening of the enclosure.
The face opening of the enclosure should not be any greater in area than
that actually required for the performance of the operation and the
average air velocity into the working face of the enclosure shall not be
less than 150 feet per minute.
(vii) Hoods for horizontal single-spindle disc grinders shall be
constructed to conform as closely as possible to the hood shown in
figure D-57.6. It is essential that there be a space between the back of
the wheel and the hood, and a space around the periphery of the wheel of
at least 1 inch (2.54 cm) in order to permit the suction to act around
the wheel periphery. The opening on the side of the disc shall be no
larger than is required for the grinding operation, but must never be
less than twice the area of the branch outlet.
(viii) Horizontal double-spindle disc grinders shall have a hood
encircling the wheels and grinding chamber similar to that illustrated
in figure D-57.7. The openings for passing the work into the grinding
chamber should be kept as small as possible, but must never be less than
twice the area of the branch outlets.
[[Page 51]]
(ix) Vertical-spindle disc grinders shall be encircled with a hood
so constructed that the heavy dust is drawn off a surface of the disc
and the lighter dust exhausted through a continuous slot at the top of
the hood as shown in figure D-57.1.
(x) Grinding and polishing belt hoods shall be constructed as close
to the operation as possible. The hood should extend almost to the belt,
and 1-inch (2.54 cm) wide openings should be provided on either side.
Figure D-57.8 shows a typical hood for a belt operation.
[GRAPHIC] [TIFF OMITTED] TC30OC91.000
Figure D-57.1--Vertical Spindle Disc Grinder Exhaust Hood and Branch
Pipe Connections
[[Page 52]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dia. D inches (cm) Exhaust E Volume
------------------------------------------------------------------------------------------------ Exhausted at
4,500 ft/min Note
Min. Max. No Pipes Dia. ft3/min
--------------------------------------------------------------------------------------------------------------------------------------------------------
20 (50.8) 1 4\1/4\ 500 When one-half or more of the disc can
(10.795) be hooded, use exhaust ducts as shown
at the left.
Over 20 (50.8)................................. 30 (76.2) 2 4 (10.16) 780
Over 30 (76.2)................................. 72 (182.88) 2 6 (15.24) 1,770
Over 53 (134.62)............................... 72 (182.88) 2 8 (20.32) 3,140
--------------------------------------------------------------------------------------------------------------------------------------------------------
20 (50.8) 2 4 (10.16) 780 When no hood can be used over disc, use
exhaust ducts as shown at left.
Over 20 (50.8)................................. 20 (50.8) 2 4 (10.16) 780
Over 30 (76.2)................................. 30 (76.2) 2 5\1/2\ (13.97) 1,480
Over 53 (134.62)............................... 53 (134.62) 4 6 (15.24) 3,530
72 (182.88) 5 7 (17.78) 6,010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Entry loss=1.0 slot velocity pressure + 0.5 branch velocity pressure.
Minimum slot velocity=2,000 ft/min--\1/2\-inch (1.27 cm) slot width.
[[Page 53]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.001
Figure D-57.2--Standard Grinder Hood
----------------------------------------------------------------------------------------------------------------
Wheel dimension, inches (centimeters)
------------------------------------------------------------------------------------- Exhaust Volume of
Diameter outlet, inches air at
--------------------------------------------------------------------- Width, Max (centimeters) 4,500 ft/
Min= d Max= D E min
----------------------------------------------------------------------------------------------------------------
9 (22.86) 1\1/2\ (3.81) 3 220
Over 9 (22.86)...................................... 16 (40.64) 2 (5.08) 4 390
Over 16 (40.64)..................................... 19 (48.26) 3 (7.62) 4\1/2\ 500
Over 19 (48.26)..................................... 24 (60.96) 4 (10.16) 5 610
Over 24 (60.96)..................................... 30 (76.2) 5 (12.7) 6 880
Over 30 (76.2)...................................... 36 (91.44) 6 (15.24) 7 1,200
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.45 velocity pressure for tapered takeoff 0.65 velocity pressure for straight takeoff.
[[Page 54]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.002
Figure D-57.3--A Method of Applying an Exhaust Enclosure to Swing-Frame
Grinders
Note: Baffle to reduce front opening as much as possible
[[Page 55]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.003
Figure D-57.4
Standard Buffing and Polishing Hood
----------------------------------------------------------------------------------------------------------------
Wheel dimension, inches (centimeters)
------------------------------------------------------------------------------------- Exhaust Volume of
Diameter outlet, inches air at
--------------------------------------------------------------------- Width, Max E 4,500 ft/
Min= d Max= D min
----------------------------------------------------------------------------------------------------------------
9 (22.86) 2 (5.08) 3\1/2\ (3.81) 300
Over 9 (22.86)...................................... 16 (40.64) 3 (5.08) 4 500
Over 16 (40.64)..................................... 19 (48.26) 4 (11.43) 5 610
Over 19 (48.26)..................................... 24 (60.96) 5 (12.7) 5\1/2\ 740
Over 24 (60.96)..................................... 30 (76.2) 6 (15.24) 6\1/2\ 1.040
Over 30 (76.2)...................................... 36 (91.44) 6 (15.24) 7 1.200
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.15 velocity pressure for tapered takeoff; 0.65 velocity pressure for straight takeoff.
[[Page 56]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.004
Figure D-57.5--Cradle Polishing or Grinding Enclosure
Entry loss = 0.45 velocity pressure for tapered takeoff
[[Page 57]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.005
Figure D-57.6--Horizontal Single-Spindle Disc Grinder Exhaust Hood and
Branch Pipe Connections
------------------------------------------------------------------------
Dia D, inches (centimeters) Exhaust E, Volume
------------------------------------------------ dia. exhausted
inches at 4,500 ft/
Min. Max. (cm) min ft3/min
------------------------------------------------------------------------
12 (30.48) 3 (7.6) 220
Over 12 (30.48)................ 19 (48.26) 4 (10.16) 390
Over 19 (48.26)................ 30 (76.2) 5 (12.7) 610
Over 30 (76.2)................. 36 (91.44) 6 (15.24) 880
------------------------------------------------------------------------
Note: If grinding wheels are used for disc grinding purposes, hoods must
conform to structural strength and materials as described in 9.1.
Entry loss = 0.45 velocity pressure for tapered takeoff.
[[Page 58]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.006
Figure D-57.7--Horizontal Double-Spindle Disc Grinder Exhaust Hood and
Branch Pipe Connections
----------------------------------------------------------------------------------------------------------------
Disc dia. inches (centimeters) Exhaust E Volume
---------------------------------------------------------------------------- exhaust at
4,500 ft/ Note
Min. Max. No Pipes Dia. min. ft3/
min
----------------------------------------------------------------------------------------------------------------
19 (48.26) 1 5 610
Over 19 (48.26)................ 25 (63.5) 1 6 880 When width ``W''
permits, exhaust ducts
should be as near
heaviest grinding as
possible.
Over 25 (63.5)................. 30 (76.2) 1 7 1,200
Over 30 (76.2)................. 53 (134.62) 2 6 1,770
Over 53 (134.62)............... 72 (182.88) 4 8 6,280
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.45 velocity pressure for tapered takeoff.
..............................................................................................................
[[Page 59]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.007
Figure D-57.8.--A Typical Hood for a Belt Operation
Entry loss = 0.45 velocity pressure for tapered takeoff
------------------------------------------------------------------------
Exhaust
Belt width W. inches (centimeters) volume.
ft.\1\/min
------------------------------------------------------------------------
Up to 3 (7.62).............................................. 220
3 to 5 (7.62 to 12.7)....................................... 300
5 to 7 (12.7 to 17.78)...................................... 390
7 to 9 (17.78 to 22.86)..................................... 500
9 to 11 (22.86 to 27.94).................................... 610
11 to 13 (27.94 to 33.02)................................... 740
------------------------------------------------------------------------
Minimum duct velocity = 4,500 ft/min branch, 3,500 ft/min main.
Entry loss = 0.45 velocity pressure for tapered takeoff; 0.65 velocity
pressure for straight takeoff.
(6) Scope. This paragraph (g), prescribes the use of exhaust hood
enclosures and systems in removing dust, dirt, fumes, and gases
generated through the grinding, polishing, or buffing of ferrous and
nonferrous metals.
(h) Spray finishing operations--(1) Definitions applicable to this
paragraph--(i) Spray-finishing operations. Spray-finishing operations
are employment of methods wherein organic or inorganic materials are
utilized in dispersed form for deposit on surfaces to be coated,
treated, or cleaned. Such methods of deposit may involve either
automatic, manual, or electrostatic deposition but do not include metal
spraying or metallizing, dipping, flow coating, roller coating,
tumbling, centrifuging, or spray washing and degreasing as conducted in
self-contained washing and degreasing machines or systems.
(ii) Spray booth. Spray booths are defined and described in
Sec. 1926.66(a). (See sections 103, 104, and 105 of the Standard for
Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-
1969).
(iii) Spray room. A spray room is a room in which spray-finishing
operations not conducted in a spray booth are performed separately from
other areas.
(iv) Minimum maintained velocity. Minimum maintained velocity is the
velocity of air movement which must be maintained in order to meet
minimum specified requirements for health and safety.
(2) Location and application. Spray booths or spray rooms are to be
used to enclose or confine all operations. Spray-finishing operations
shall be located as provided in sections 201 through 206 of the Standard
for Spray Finishing Using Flammable and Combustible Materials, NFPA No.
33-1969.
(3) Design and construction of spray booths. (i) Spray booths shall
be designed and constructed in accordance with Sec. 1926.66(b) (1)
through (4) and (6) through (10) (see sections 301-304 and 306-310 of
the Standard for Spray Finishing Using Flammable and Combustible
Materials, NFPA No. 33-1969), for general construction specifications.
For a more detailed discussion of fundamentals relating to this subject,
see ANSI Z9.2-1960
(A) Lights, motors, electrical equipment, and other sources of
ignition shall conform to the requirements of Sec. 1926.66(b)(10) and
(c). (See section 310 and chapter 4 of the Standard for Spray Finishing
Using Flammable and Combustible Materials NFPA No. 33-1969.)
[[Page 60]]
(B) In no case shall combustible material be used in the
construction of a spray booth and supply or exhaust duct connected to
it.
(ii) Unobstructed walkways shall not be less than 6\1/2\ feet (1.976
m) high and shall be maintained clear of obstruction from any work
location in the booth to a booth exit or open booth front. In booths
where the open front is the only exit, such exits shall be not less than
3 feet (0.912 m) wide. In booths having multiple exits, such exits shall
not be less than 2 feet (0.608 m) wide, provided that the maximum
distance from the work location to the exit is 25 feet (7.6 m) or less.
Where booth exits are provided with doors, such doors shall open outward
from the booth.
(iii) Baffles, distribution plates, and dry-type overspray
collectors shall conform to the requirements of Sec. 1926.66(b) (4) and
(5). (See sections 304 and 305 of the Standard for Spray Finishing Using
Flammable and Combustible Materials, NFPA No. 33-1969.)
(A) Overspray filters shall be installed and maintained in
accordance with the requirements of Sec. 1926.66(b)(5), (see section 305
of the Standard for Spray Finishing Using Flammable and Combustible
Materials, NFPA No. 33-1969), and shall only be in a location easily
accessible for inspection, cleaning, or replacement.
(B) Where effective means, independent of the overspray filters, are
installed which will result in design air distribution across the booth
cross section, it is permissible to operate the booth without the
filters in place.
(iv) (A) For wet or water-wash spray booths, the water-chamber
enclosure, within which intimate contact of contaminated air and
cleaning water or other cleaning medium is maintained, if made of steel,
shall be 18 gage or heavier and adequately protected against corrosion.
(B) Chambers may include scrubber spray nozzles, headers, troughs,
or other devices. Chambers shall be provided with adequate means for
creating and maintaining scrubbing action for removal of particulate
matter from the exhaust air stream.
(v) Collecting tanks shall be of welded steel construction or other
suitable non-combustible material. If pits are used as collecting tanks,
they shall be concrete, masonry, or other material having similar
properties.
(A) Tanks shall be provided with weirs, skimmer plates, or screens
to prevent sludge and floating paint from entering the pump suction box.
Means for automatically maintaining the proper water level shall also be
provided. Fresh water inlets shall not be submerged. They shall
terminate at least one pipe diameter above the safety overflow level of
the tank.
(B) Tanks shall be so constructed as to discourage accumulation of
hazardous deposits.
(vi) Pump manifolds, risers, and headers shall be adequately sized
to insure sufficient water flow to provide efficient operation of the
water chamber.
(4) Design and construction of spray rooms. (i) Spray rooms,
including floors, shall be constructed of masonry, concrete, or other
noncombustible material.
(ii) Spray rooms shall have noncombustible fire doors and shutters.
(iii) Spray rooms shall be adequately ventilated so that the
atmosphere in the breathing zone of the operator shall be maintained in
accordance with the requirements of paragraph (h)(6)(ii) of this
section.
(iv) Spray rooms used for production spray-finishing operations
shall conform to the requirements for spray booths.
(5) Ventilation. (i) Ventilation shall be provided in accordance
with provisions of Sec. 1926.66(d) (see chapter 5 of the Standard for
Spray Finishing Using Flammable or Combustible Materials, NFPA No. 33-
1969), and in accordance with the following:
(A) Where a fan plenum is used to equalize or control the
distribution of exhaust air movement through the booth, it shall be of
sufficient strength or rigidity to withstand the differential air
pressure or other superficially imposed loads for which the equipment is
designed and also to facilitate cleaning. Construction specifications
shall be at least equivalent to those of paragraph (h)(5)(iii) of this
section.
(B) [Reserved]
(ii) Inlet or supply ductwork used to transport makeup air to spray
booths
[[Page 61]]
or surrounding areas shall be constructed of noncombustible materials.
(A) If negative pressure exists within inlet ductwork, all seams and
joints shall be sealed if there is a possibility of infiltration of
harmful quantities of noxious gases, fumes, or mists from areas through
which ductwork passes.
(B) Inlet ductwork shall be sized in accordance with volume flow
requirements and provide design air requirements at the spray booth.
(C) Inlet ductwork shall be adequately supported throughout its
length to sustain at least its own weight plus any negative pressure
which is exerted upon it under normal operating conditions.
(iii) [Reserved]
(A) Exhaust ductwork shall be adequately supported throughout its
length to sustain its weight plus any normal accumulation in interior
during normal operating conditions and any negative pressure exerted
upon it.
(B) Exhaust ductwork shall be sized in accordance with good design
practice which shall include consideration of fan capacity, length of
duct, number of turns and elbows, variation in size, volume, and
character of materials being exhausted. See American National Standard
Z9.2-1960 for further details and explanation concerning elements of
design.
(C) Longitudinal joints in sheet steel ductwork shall be either
lock-seamed, riveted, or welded. For other than steel construction,
equivalent securing of joints shall be provided.
(D) Circumferential joints in ductwork shall be substantially
fastened together and lapped in the direction of airflow. At least every
fourth joint shall be provided with connecting flanges, bolted together,
or of equivalent fastening security.
(E) Inspection or clean-out doors shall be provided for every 9 to
12 feet (2.736 to 3.648 m) of running length for ducts up to 12 inches
(0.304 m) in diameter, but the distance between cleanout doors may be
greater for larger pipes. (See 8.3.21 of American National Standard
Z9.1-1951.) A clean-out door or doors shall be provided for servicing
the fan, and where necessary, a drain shall be provided.
(F) Where ductwork passes through a combustible roof or wall, the
roof or wall shall be protected at the point of penetration by open
space or fire-resistive material between the duct and the roof or wall.
When ducts pass through firewalls, they shall be provided with automatic
fire dampers on both sides of the wall, except that three-eighth-inch
steel plates may be used in lieu of automatic fire dampers for ducts not
exceeding 18 inches (45.72 cm) in diameter.
(G) Ductwork used for ventilating any process covered in this
standard shall not be connected to ducts ventilating any other process
or any chimney or flue used for conveying any products of combustion.
(6) Velocity and air flow requirements. (i) Except where a spray
booth has an adequate air replacement system, the velocity of air into
all openings of a spray booth shall be not less than that specified in
Table D-57.7 for the operating conditions specified. An adequate air
replacement system is one which introduces replacement air upstream or
above the object being sprayed and is so designed that the velocity of
air in the booth cross section is not less than that specified in Table
D-57.7 when measured upstream or above the object being sprayed.
Table D-57.7--Minimum Maintained Velocities Into Spray Booths
----------------------------------------------------------------------------------------------------------------
Airflow velocities, f.p.m.
Operating conditions for objects Crossdraft, f.p.m. ----------------------------------------
completely inside booth Design Range
----------------------------------------------------------------------------------------------------------------
Electrostatic and automatic airless Negligible................. 50 large booth............. 50-75
operation contained in booth 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
----------------------------------------------------------------------------------------------------------------
[[Page 62]]
......................... 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 velocities shown in the column headed ``Range'' are in compliance with this standard.
(ii) In addition to the requirements in paragraph (h)(6)(i) of this
section the total air volume exhausted through a spray booth shall be
such as to dilute solvent vapor to at least 25 percent of the lower
explosive limit of the solvent being sprayed. An example of the method
of calculating this volume is given below.
Example: To determine the lower explosive limits of the most common
solvents used in spray finishing, see Table D-57.8. Column 1 gives the
number of cubic feet of vapor per gallon of solvent and column 2 gives
the lower explosive limit (LEL) in percentage by volume of air. Note
that the quantity of solvent will be diminished by the quantity of
solids and nonflammables contained in the finish.
To determine the volume of air in cubic feet necessary to dilute the
vapor from 1 gallon of solvent to 25 percent of the lower explosive
limit, apply the following formula:
Dilution volume required per gallon of solvent=4 (100-LEL) (cubic feet
of vapor per gallon) LEL
Using toluene as the solvent.
(1) LEL of toluene from Table D-57.8, column 2, is 1.4 percent.
(2) Cubic feet of vapor per gallon from Table D-57.8, column 1, is
30.4 cubic feet per gallon.
(3) Dilution volume required=
4 (100-1.4) 30.4 1.4=8,564 cubic feet.
(4) To convert to cubic feet per minute of required ventilation,
multiply the dilution volume required per gallon of solvent by the
number of gallons of solvent evaporated per minute.
Table D-57.8--Lower Explosive Limit of Some Commonly Used Solvents
------------------------------------------------------------------------
Lower
Cubic feet explosive
per gallon limit in
of vapor of percent by
Solvent liquid at volume of
70 F (21.11 air at 70 F
C). (21.11 C)
------------------------------------------------------------------------
Column 1 Column 2
Acetone....................................... 44.0 2.6
Amyl Acetate (iso)............................ 21.6 \1\1.0
Amyl Alcohol (n).............................. 29.6 1.2
Amyl Alcohol (iso)............................ 29.6 1.2
Benzene....................................... 36.8 \1\1.4
Butyl Acetate (n)............................. 24.8 1.7
Butyl Alcohol (n)............................. 35.2 1.4
Butyl Cellosolve.............................. 24.8 1.1
Cellosolve.................................... 33.6 1.8
Cellosolve Acetate............................ 23.2 1.7
Cyclohexanone................................. 31.2 \1\1.1
1,1 Dichloroethylene.......................... 42.4 5.9
1,2 Dichloroethylene.......................... 42.4 9.7
Ethyl Acetate................................. 32.8 2.5
Ethyl Alcohol................................. 55.2 4.3
Ethyl Lactate................................. 28.0 \1\1.5
Methyl Acetate................................ 40.0 3.1
Methyl Alcohol................................ 80.8 7.3
Methyl Cellosolve............................. 40.8 2.5
Methyl Ethyl Ketone........................... 36.0 1.8
Methyl n-Propyl Ketone........................ 30.4 1.5
Naphtha (VM&P) (76 Naphtha)................... 22.4 0.9
Naphtha (100 Flash) Safety Solvent--Stoddard
Solvent...................................... 23.2 1.0
Propyl Acetate (n)............................ 27.2 2.8
Propyl Acetate (iso).......................... 28.0 1.1
Propyl Alcohol (n)............................ 44.8 2.1
Propyl Alcohol (iso).......................... 44.0 2.0
Toluene....................................... 30.4 1.4
Turpentine.................................... 20.8 0.8
Xylene (o).................................... 26.4 1.0
------------------------------------------------------------------------
\1\At 212 F (100 C).
(iii) (A) When an operator must position himself in a booth
downstream of
[[Page 63]]
the object being sprayed, an air supplied respirator or other type of
respirator approved by the Bureau of Mines, U.S. Department of the
Interior or specified in ANSI Z88.2-1969 for the material being sprayed
should be used by the operator.
(B) Where downdraft booths are provided with doors, such doors shall
be closed when spray painting.
(7) Make-up air. (i) Clean fresh air, free of contamination from
adjacent industrial exhaust systems, chimneys, stacks, or vents, shall
be supplied to a spray booth or room in quantities equal to the volume
of air exhausted through the spray booth.
(ii) Where a spray booth or room receives make-up air through self-
closing doors, dampers, or louvers, they shall be fully open at all
times when the booth or room is in use for spraying. The velocity of air
through such doors, dampers, or louvers shall not exceed 200 feet per
minute. If the fan characteristics are such that the required air flow
through the booth will be provided, higher velocities through the doors,
dampers, or louvers may be used.
(iii) (A) Where the air supply to a spray booth or room is filtered,
the fan static pressure shall be calculated on the assumption that the
filters are dirty to the extent that they require cleaning or
replacement.
(B) The rating of filters shall be governed by test data supplied by
the manufacturer of the filter. A pressure gage shall be installed to
show the pressure drop across the filters. This gage shall be marked to
show the pressure drop at which the filters require cleaning or
replacement. Filters shall be replaced or cleaned whenever the pressure
drop across them becomes excessive or whenever the air flow through the
face of the booth falls below that specified in Table D-57.7.
(iv) (A) Means for heating make-up air to any spray booth or room,
before or at the time spraying is normally performed, shall be provided
in all places where the outdoor temperature may be expected to remain
below 55 deg. F. (12.77 deg. C.) for appreciable periods of time during
the operation of the booth except where adequate and safe means of
radiant heating for all operating personnel affected is provided. The
replacement air during the heating seasons shall be maintained at not
less than 65 deg. F. (18.33 deg. C.) at the point of entry into the
spray booth or spray room. When otherwise unheated make-up air would be
at a temperature of more than 10 deg. F. below room temperature, its
temperature shall be regulated as provided in section 3.6.3 of ANSI
Z9.2-1960.
(B) As an alternative to an air replacement system complying with
the preceding section, general heating of the building in which the
spray room or booth is located may be employed provided that all
occupied parts of the building are maintained at not less than 65 deg.
F. (18.33 deg. C.) when the exhaust system is in operation or the
general heating system supplemented by other sources of heat may be
employed to meet this requirement.
(C) No means of heating make-up air shall be located in a spray
booth.
(D) Where make-up air is heated by coal or oil, the products of
combustion shall not be allowed to mix with the make-up air, and the
products of combustion shall be conducted outside the building through a
flue terminating at a point remote from all points where make-up air
enters the building.
(E) Where make-up air is heated by gas, and the products of
combustion are not mixed with the make-up air but are conducted through
an independent flue to a point outside the building remote from all
points where make-up air enters the building, it is not necessary to
comply with paragraph (h)(7)(iv)(F) of this section.
(F) Where make-up air to any manually operated spray booth or room
is heated by gas and the products of combustion are allowed to mix with
the supply air, the following precautions must be taken:
(1) The gas must have a distinctive and strong enough odor to warn
workmen in a spray booth or room of its presence if in an unburned state
in the make-up air.
(2) The maximum rate of gas supply to the make-up air heater burners
must not exceed that which would yield in excess of 200 p.p.m. (parts
per million) of carbon monoxide or 2,000 p.p.m. of total combustible
gases in the
[[Page 64]]
mixture if the unburned gas upon the occurrence of flame failure were
mixed with all of the make-up air supplied.
(3) A fan must be provided to deliver the mixture of heated air and
products of combustion from the plenum chamber housing the gas burners
to the spray booth or room.
(8) Scope. Spray booths or spray rooms are to be used to enclose or
confine all spray finishing operations covered by this paragraph (h).
This paragraph does not apply to the spraying of the exteriors of
buildings, fixed tanks, or similar structures, nor to small portable
spraying apparatus not used repeatedly in the same location.
(i) Open surface tanks--(1) General. (i) This paragraph applies to
all operations involving the immersion of materials in liquids, or in
the vapors of such liquids, for the purpose of cleaning or altering the
surface or adding to or imparting a finish thereto or changing the
character of the materials, and their subsequent removal from the liquid
or vapor, draining, and drying. These operations include washing,
electroplating, anodizing, pickling, quenching, dying, dipping, tanning,
dressing, bleaching, degreasing, alkaline cleaning, stripping, rinsing,
digesting, and other similar operations.
(ii) Except where specific construction specifications are
prescribed in this section, hoods, ducts, elbows, fans, blowers, and all
other exhaust system parts, components, and supports thereof shall be so
constructed as to meet conditions of service and to facilitate
maintenance and shall conform in construction to the specifications
contained in American National Standard Fundamentals Governing the
Design and Operation of Local Exhaust Systems, Z9.2-1960.
(2) Classification of open-surface tank operations. (i) Open-surface
tank operations shall be classified into 16 classes, numbered A-1 to D-
4, inclusive.
(ii) Determination of class. Class is determined by two factors,
hazard potential designated by a letter from A to D, inclusive, and rate
of gas, vapor, or mist evolution designated by a number from 1 to 4,
inclusive (for example, B.3).
(iii) Hazard potential is an index, on a scale of from A to D,
inclusive, of the severity of the hazard associated with the substance
contained in the tank because of the toxic, flammable, or explosive
nature of the vapor, gas, or mist produced therefrom. The toxic hazard
is determined from the concentration, measured in parts by volume of a
gas or vapor, per million parts by volume of contaminated air (p.p.m.),
or in milligrams of mist per cubic meter of air (mg./m.3),
below which ill effects are unlikely to occur to the exposed worker. The
concentrations shall be those in Sec. 1926.55 or other pertinent
sections of this part.
(iv) The relative fire or explosion hazard is measured in degrees
Fahrenheit in terms of the closed-cup flash point of the substance in
the tank. Detailed information on the prevention of fire hazards in dip
tanks may be found in Dip Tanks Containing Flammable or Combustible
Liquids, NFPA No. 34-1966, National Fire Protection Association. Where
the tank contains a mixture of liquids, other than organic solvents,
whose effects are additive, the hygienic standard of the most toxic
component (for example, the one having the lowest p.p.m. or mg./
m.3) shall be used, except where such substance constitutes
an insignificantly small fraction of the mixture. For mixtures of
organic solvents, their combined effect, rather than that of either
individually, shall determine the hazard potential. In the absence of
information to the contrary, the effects shall be considered as
additive. If the sum of the ratios of the airborne concentration of each
contaminant to the toxic concentration of that contaminant exceeds
unity, the toxic concentration shall be considered to have been
exceeded. (See Note A to paragraph (i)(2)(v) of this section.)
(v) Hazard potential shall be determined from Table D-57.9, with the
value indicating greater hazard being used. When the hazardous material
may be either a vapor with a threshhold limit value (TLV) in p.p.m. or a
mist with a TLV in mg./m.3, the TLV indicating the greater
hazard shall be used (for example, A takes precedence over B or C; B
over C; C over D).
Note A:
(c1TLV1)+(c2TLV2)
+(c3TLV3)+; . . .
(cNTLVN) 1
[[Page 65]]
where:
c=Concentration measured at the operation in p.p.m.
Table D-57.9--Determination of Hazard Potential
------------------------------------------------------------------------
Toxicity group
--------------------------------------
Hazard potential Gas or
vapor Mist (mg./ Flash point in
(p.p.m.) m3) degrees F. (C.)
------------------------------------------------------------------------
A................................ 0-10 0-0.1 ...............
B................................ 11-100 0.11-1.0 Under 100
(37.77)
C................................ 101-500 1.1-10 100 200 (37.77-
93.33)
D................................ Over 500 Over 10 Over 200
(93.33)
------------------------------------------------------------------------
(vi) Rate of gas, vapor, or mist evolution is a numerical index, on
a scale of from 1 to 4, inclusive, both of the relative capacity of the
tank to produce gas, vapor, or mist and of the relative energy with
which it is projected or carried upwards from the tank. Rate is
evaluated in terms of
(A) The temperature of the liquid in the tank in degrees Fahrenheit;
(B) The number of degrees Fahrenheit that this temperature is below
the boiling point of the liquid in degrees Fahrenheit;
(C) The relative evaporation of the liquid in still air at room
temperature in an arbitrary scale--fast, medium, slow, or nil; and
(D) The extent that the tank gases or produces mist in an arbitrary
scale--high, medium, low, and nil. (See Table D-57.10, Note 2.) Gassing
depends upon electrochemical or mechanical processes, the effects of
which have to be individually evaluated for each installation (see Table
D-57.10, Note 3).
(vii) Rate of evolution shall be determined from Table D-57.10. When
evaporation and gassing yield different rates, the lowest numerical
value shall be used.
Table D-57.10--Determination of Rate of Gas, Vapor, or Mist Evolution\1\
----------------------------------------------------------------------------------------------------------------
Liquid
Rate temperature, F. Degrees below Relative Gassing\3\
(C.) boiling point evaporation\2\
----------------------------------------------------------------------------------------------------------------
1............................... Over 200 (93.33) 0-20 Fast.............. High.
2............................... 150-200 (65.55- 21-50 Medium............ Medium.
93.33)
3............................... 94-149 (34.44-65) 51-100 Slow.............. Low.
4............................... Under 94 (34.44) Over 100 Nil............... Nil.
----------------------------------------------------------------------------------------------------------------
\1\In certain classes of equipment, specifically vapor degreasers, an internal condenser or vapor level
thermostat is used to prevent the vapor from leaving the tank during normal operation. In such cases, rate of
vapor evolution from the tank into the workroom is not dependent upon the factors listed in the table, but
rather upon abnormalities of operating procedure, such as carryout of vapors from excessively fast action,
dragout of liquid by entrainment in parts, contamination of solvent by water and other materials, or improper
heat balance. When operating procedure is excellent, effective rate of evolution may be taken as 4. When
operating procedure is average, the effective rate of evolution may be taken as 3. When operation is poor, a
rate of 2 or 1 is indicated, depending upon observed conditions.
\2\Relative evaporation rate is determined according to the methods described by A. K. Doolittle in Industrial
and Engineering Chemistry, vol. 27, p. 1169, (3) where time for 100-percent evaporation is as follows: Fast: 0-
3 hours; Medium: 3-12 hours; Slow: 12-50 hours; Nil: more than 50 hours.
\3\Gassing means the formation by chemical or electrochemical action of minute bubbles of gas under the surface
of the liquid in the tank and is generally limited to aqueous solutions.
(3) Ventilation. Where ventilation is used to control potential
exposures to workers as defined in paragraph (i)(2)(iii) of this
section, it shall be adequate to reduce the concentration of the air
contaminant to the degree that a hazard to the worker does not exist.
Methods of ventilation are discussed in American National Standard
Fundamentals Governing the Design and Operation of Local Exhaust
Systems, Z9.2-1960.
(4) Control requirements. (i) Control velocities shall conform to
Table D-57.11 in all cases where the flow of air past the breathing or
working zone of the operator and into the hoods is undisturbed by local
environmental conditions, such as open windows, wall fans, unit heaters,
or moving machinery.
(ii) All tanks exhausted by means of hoods which
(A) Project over the entire tank;
(B) Are fixed in position in such a location that the head of the
workman, in all his normal operating positions while working at the
tank, is in front of all hood openings; and
[[Page 66]]
(C) Are completely enclosed on at least two sides, shall be
considered to be exhausted through an enclosing hood.
(D) The quantity of air in cubic feet per minute necessary to be
exhausted through an enclosing hood shall be not less than the product
of the control velocity times the net area of all openings in the
enclosure through which air can flow into the hood.
Table D-57.11--Control Velocities in Feet Per Minute (f.p.m.) for Undisturbed Locations
----------------------------------------------------------------------------------------------------------------
Enclosing hood Canopy hood\2\
------------------------ Lateral -----------------------
Class One open Two open exhaust\1\ Three open Four open
side sides sides sides
----------------------------------------------------------------------------------------------------------------
B-1 and A-2......................................... 100 150 150 Do not use Do not use
A-3\2\, B-1, B-2, and C-1........................... 75 100 100 125 175
A-3, C-2, and D-1\3\................................ 65 90 75 100 150
B-4\2\, C-3, and D-2\3\............................. 50 75 50 75 125
A-4, C-4, D-3\3\, and D-4\4\........................ .......... .......... .......... .......... ..........
----------------------------------------------------------------------------------------------------------------
\1\See Table D-57.12 for computation of ventilation rate.
\2\Do not use canopy hood for Hazard Potential A processes.
\3\Where complete control of hot water is desired, design as next highest class.
\4\General room ventilation required.
(iii) All tanks exhausted by means of hoods which do not project
over the entire tank, and in which the direction of air movement into
the hood or hoods is substantially horizontal, shall be considered to be
laterally exhausted. The quantity of air in cubic feet per minute
necessary to be laterally exhausted per square foot of tank area in
order to maintain the required control velocity shall be determined from
Table D-57.12 for all variations in ratio of tank width (W) to tank
length (L). The total quantity of air in cubic feet per minute required
to be exhausted per tank shall be not less than the product of the area
of tank surface times the cubic feet per minute per square foot of tank
area, determined from Table D-57.12.
(A) For lateral exhaust hoods over 42 inches (1.06 m) wide, or where
it is desirable to reduce the amount of air removed from the workroom,
air supply slots or orifices shall be provided along the side or the
center of the tank opposite from the exhaust slots. The design of such
systems shall meet the following criteria:
(1) The supply air volume plus the entrained air shall not exceed 50
percent of the exhaust volume.
(2) The velocity of the supply airstream as it reaches the effective
control area of the exhaust slot shall be less than the effective
velocity over the exhaust slot area.
Table D-57.12--Minimum Ventilation Rate in Cubic Feet of Air Per Minute Per Square Foot of Tank Area for Lateral
Exhaust
----------------------------------------------------------------------------------------------------------------
C.f.m. per sq. ft. to maintain required minimum velocities
at following ratios (tank width (W)/tank length (L)).\1\,
Required minimum control velocity, f.p.m. (from \2\
Table D-57.11) -----------------------------------------------------------
0.0-0.09 0.1-0.24 0.25-0.49 0.5-0.99 1.0-2.0
----------------------------------------------------------------------------------------------------------------
Hood along one side or two parallel sides of tank when one hood is against a wall or baffle.\2\
Also for a manifold along tank centerline.\3\
----------------------------------------------------------------------------------------------------------------
50.................................................. 50 60 75 90 100
75.................................................. 75 90 110 130 150
100................................................. 100 125 150 175 200
150................................................. 150 190 225 260 300
----------------------------------------------------------------------------------------------------------------
Hood along one side or two parallel sides of free standing tank not against wall or baffle.
----------------------------------------------------------------------------------------------------------------
50.................................................. 75 90 100 110 125
75.................................................. 110 130 150 170 190
100................................................. 150 175 200 225 250
[[Page 67]]
150................................................. 225 260 300 340 375
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\1\It is not practicable to ventilate across the long dimension of a tank whose ratio W/L exceeds 2.0.
It is undesirable to do so when W/L exceeds 1.0. For circular tanks with lateral exhaust along up to 1/2 the
circumference, use W/L=1.0; for over one-half the circumference use W/L=0.5.
\2\Baffle is a vertical plate the same length as the tank, and with the top of the plate as high as the tank is
wide. If the exhaust hood is on the side of a tank against a building wall or close to it, it is perfectly
baffled.
\3\Use W/2 as tank width in computing when manifold is along centerline, or when hoods are used on two parallel
sides of a tank.
Tank Width (W) means the effective width over which the hood must pull air to operate (for example, where the
hood face is set back from the edge of the tank, this set back must be added in measuring tank width). The
surface area of tanks can frequently be reduced and better control obtained (particularly on conveyorized
systems) by using covers extending from the upper edges of the slots toward the center of the tank.
(3) The vertical height of the receiving exhaust hood, including any
baffle, shall not be less than one-quarter the width of the tank.
(4) The supply airstream shall not be allowed to impinge on
obstructions between it and the exhaust slot in such a manner as to
significantly interfere with the performance of the exhaust hood.
(5) Since most failure of push-pull systems result from excessive
supply air volumes and pressures, methods of measuring and adjusting the
supply air shall be provided. When satisfactory control has been
achieved, the adjustable features of the hood shall be fixed so that
they will not be altered.
(iv) All tanks exhausted by means of hoods which project over the
entire tank, and which do not conform to the definition of enclosing
hoods, shall be considered to be overhead canopy hoods. The quantity of
air in cubic feet per minute necessary to be exhausted through a canopy
hood shall be not less than the product of the control velocity times
the net area of all openings between the bottom edges of the hood and
the top edges of the tank.
(v) The rate of vapor evolution (including steam or products of
combustion) from the process shall be estimated. If the rate of vapor
evolution is equal to or greater than 10 percent of the calculated
exhaust volume required, the exhaust volume shall be increased in equal
amount.
(5) Spray cleaning and degreasing. Wherever spraying or other
mechanical means are used to disperse a liquid above an open-surface
tank, control must be provided for the airborne spray. Such operations
shall be enclosed as completely as possible. The inward air velocity
into the enclosure shall be sufficient to prevent the discharge of spray
into the workroom. Mechanical baffles may be used to help prevent the
discharge of spray. Spray painting operations are covered by paragraph
(h) of this section.
(6) Control means other than ventilation. Tank covers, foams, beads,
chips, or other materials floating on the tank surface so as to confine
gases, mists, or vapors to the area under the cover or to the foam,
bead, or chip layer; or surface tension depressive agents added to the
liquid in the tank to minimize mist formation, or any combination
thereof, may all be used as gas, mist, or vapor control means for open-
surface tank operations, provided that they effectively reduce the
concentrations of hazardous materials in the vicinity of the worker
below the limits set in accordance with paragraph (i)(2) of this
section.
(7) System design. (i) The equipment for exhausting air shall have
sufficient capacity to produce the flow of air required in each of the
hoods and openings of the system.
(ii) The capacity required in paragraph (i)(7)(i) of this section
shall be obtained when the airflow producing equipment is operating
against the following pressure losses, the sum of which is the static
pressure:
(A) Entrance losses into the hood.
(B) Resistance to airflow in branch pipe including bends and
transformations.
[[Page 68]]
(C) Entrance loss into the main pipe.
(D) Resistance to airflow in main pipe including bends and
transformations.
(E) Resistance of mechanical equipment; that is, filters, washers,
condensers, absorbers, etc., plus their entrance and exit losses.
(F) Resistance in outlet duct and discharge stack.
(iii) Two or more operations shall not be connected to the same
exhaust system where either one or the combination of the substances
removed may constitute a fire, explosion, or chemical reaction hazard in
the duct system. Traps or other devices shall be provided to insure that
condensate in ducts does not drain back into any tank.
(iv) The exhaust system, consisting of hoods, ducts, air mover, and
discharge outlet, shall be designed in accordance with American National
Standard Fundamentals Governing the Design and Operation of Local
Exhaust Systems, Z9.2-1960, or the manual, Industrial Ventilation,
published by the American Conference of Governmental Industrial
Hygienists 1970. Airflow and pressure loss data provided by the
manufacturer of any air cleaning device shall be included in the design
calculations.
(8) Operation. (i) The required airflow shall be maintained at all
times during which gas, mist, or vapor is emitted from the tank, and at
all times the tank, the draining, or the drying area is in operation or
use. When the system is first installed, the airflow from each hood
shall be measured by means of a pitot traverse in the exhaust duct and
corrective action taken if the flow is less than that required. When the
proper flow is obtained, the hood static pressure shall be measured and
recorded. At intervals of not more than 3 months operation, or after a
prolonged shutdown period, the hoods and duct system shall be inspected
for evidence of corrosion or damage. In any case where the airflow is
found to be less than required, it shall be increased to the required
value. (Information on airflow and static pressure measurement and
calculations may be found in American National Standard Fundamental
Governing the Design and Operation of Local Exhaust Systems, Z9.2-1960,
or in the manual, Industrial Ventilation, published by the American
Conference of Governmental Industrial Hygienists.)
(ii) The exhaust system shall discharge to the outer air in such a
manner that the possibility of its effluent entering any building is at
a minimum. Recirculation shall only be through a device for contaminant
removal which will prevent the creation of a health hazard in the room
or area to which the air is recirculated.
(iii) A volume of outside air in the range of 90 percent to 110
percent of the exhaust volume shall be provided to each room having
exhaust hoods. The outside air supply shall enter the workroom in such a
manner as not to be detrimental to any exhaust hood. The airflow of the
makeup air system shall be measured on installation. Corrective action
shall be taken when the airflow is below that required. The makeup air
shall be uncontaminated.
(9) Personal protection. (i) All employees working in and around
open-surface tank operations must be instructed as to the hazards of
their respective jobs, and in the personal protection and first aid
procedures applicable to these hazards.
(ii) All persons required to work in such a manner that their feet
may become wet shall be provided with rubber or other impervious boots
or shoes, rubbers, or wooden-soled shoes sufficient to keep feet dry.
(iii) All persons required to handle work wet with a liquid other
than water shall be provided with gloves impervious to such a liquid and
of a length sufficient to prevent entrance of liquid into the tops of
the gloves. The interior of gloves shall be kept free from corrosive or
irritating contaminants.
(iv) All persons required to work in such a manner that their
clothing may become wet shall be provided with such aprons, coats,
jackets, sleeves, or other garments made of rubber, or of other
materials impervious to liquids other than water, as are required to
keep their clothing dry. Aprons shall extend well below the top of boots
to prevent liquid splashing into the boots. Provision of dry, clean,
cotton clothing
[[Page 69]]
along with rubber shoes or short boots and an apron impervious to
liquids other than water shall be considered a satisfactory substitute
where small parts are cleaned, plated, or acid dipped in open tanks and
rapid work is required.
(v) Whenever there is a danger of splashing, for example, when
additions are made manually to the tanks, or when acids and chemicals
are removed from the tanks, the employees so engaged shall be required
to wear either tight-fitting chemical goggles or an effective face
shield. See Sec. 1926.102.
(vi) When, during emergencies as described in paragraph (i)(11)(v)
of this section, workers must be in areas where concentrations of air
contaminants are greater than the limit set by paragraph (i)(2)(iii) of
this section, or oxygen concentrations are less than 19.5 percent, they
shall be required to wear respirators adequate to reduce their exposure
to a level below these limits, or to provide adequate oxygen. Such
respirators shall also be provided in marked, quickly accessible storage
compartments built for the purpose, when there exists the possibility of
accidental release of hazardous concentrations of air contaminants.
Respirators shall be approved by the U.S. Bureau of Mines, U.S.
Department of the Interior and shall be selected by a competent
industrial hygienist or other technically qualified source. Respirators
shall be used in accordance with Sec. 1926.103, and persons who may
require them shall be trained in their use.
(vii) Near each tank containing a liquid which may burn, irritate,
or otherwise be harmful to the skin if splashed upon the worker's body,
there shall be a supply of clean cold water. The water pipe (carrying a
pressure not exceeding 25 pounds (11.325 kg)) shall be provided with a
quick opening valve and at least 48 inches (1.216 m) of hose not smaller
than three-fourths inch, so that no time may be lost in washing off
liquids from the skin or clothing. Alternatively, deluge showers and eye
flushes shall be provided in cases where harmful chemicals may be
splashed on parts of the body.
(viii) Operators with sores, burns, or other skin lesions requiring
medical treatment shall not be allowed to work at their regular
operations until so authorized by a physician. Any small skin abrasions,
cuts, rash, or open sores which are found or reported shall be treated
by a properly designated person so that chances of exposures to the
chemicals are removed. Workers exposed to chromic acids shall have a
periodic examination made of the nostrils and other parts of the body,
to detect incipient ulceration.
(ix) Sufficient washing facilities, including soap, individual
towels, and hot water, shall be provided for all persons required to use
or handle any liquids which may burn, irritate, or otherwise be harmful
to the skin, on the basis of at least one basin (or its equivalent) with
a hot water faucet for every 10 employees. See Sec. 1926.51(f).
(x) Locker space or equivalent clothing storage facilities shall be
provided to prevent contamination of street clothing.
(xi) First aid facilities specific to the hazards of the operations
conducted shall be readily available.
(10) Special precautions for cyanide. Dikes or other arrangements
shall be provided to prevent the possibility of intermixing of cyanide
and acid in the event of tank rupture.
(11) Inspection, maintenance, and installation. (i) Floors and
platforms around tanks shall be prevented from becoming slippery both by
original type of construction and by frequent flushing. They shall be
firm, sound, and of the design and construction to minimize the
possibility of tripping.
(ii) Before cleaning the interior of any tank, the contents shall be
drained off, and the cleanout doors shall be opened where provided. All
pockets in tanks or pits, where it is possible for hazardous vapors to
collect, shall be ventilated and cleared of such vapors.
(iii) Tanks which have been drained to permit employees to enter for
the purposes of cleaning, inspection, or maintenance may contain
atmospheres which are hazardous to life or health, through the presence
of flammable or toxic air contaminants, or through the absence of
sufficient oxygen. Before employees shall be permitted to enter any such
tank, appropriate tests of the atmosphere shall be made to determine
[[Page 70]]
if the limits set by paragraph (i)(2)(iii) of this section are exceeded,
or if the oxygen concentration is less than 19.5 percent.
(iv) If the tests made in accordance with paragraph (i)(11)(iii) of
this section indicate that the atmosphere in the tank is unsafe, before
any employee is permitted to enter the tank, the tank shall be
ventilated until the hazardous atmosphere is removed, and ventilation
shall be continued so as to prevent the occurrence of a hazardous
atmosphere as long as an employee is in the tank.
(v) If, in emergencies, such as rescue work, it is necessary to
enter a tank which may contain a hazardous atmosphere, suitable
respirators, such as self-contained breathing apparatus; hose mask with
blower, if there is a possibility of oxygen deficiency; or a gas mask,
selected and operated in accordance with paragraph (i)(9)(vi) of this
section, shall be used. If a contaminant in the tank can cause
dermatitis, or be absorbed through the skin, the employee entering the
tank shall also wear protective clothing. At least one trained standby
employee, with suitable respirator, shall be present in the nearest
uncontaminated area. The standby employee must be able to communicate
with the employee in the tank and be able to haul him out of the tank
with a lifeline if necessary.
(vi) Maintenance work requiring welding or open flame, where toxic
metal fumes such as cadmium, chromium, or lead may be evolved, shall be
done only with sufficient local exhaust ventilation to prevent the
creation of a health hazard, or be done with respirators selected and
used in accordance with paragraph (i)(9)(vi) of this section. Welding,
or the use of open flames near any solvent cleaning equipment shall be
permitted only after such equipment has first been thoroughly cleared of
solvents and vapors.
(12) Vapor degreasing tanks. (i) In any vapor degreasing tank
equipped with a condenser or vapor level thermostat, the condenser or
thermostat shall keep the level of vapors below the top edge of the tank
by a distance at least equal to one-half the tank width, or at least 36
inches (0.912 m), whichever is shorter.
(ii) Where gas is used as a fuel for heating vapor degreasing tanks,
the combustion chamber shall be of tight construction, except for such
openings as the exhaust flue, and those that are necessary for supplying
air for combustion. Flues shall be of corrosion-resistant construction
and shall extend to the outer air. If mechanical exhaust is used on this
flue, a draft diverter shall be used. Special precautions must be taken
to prevent solvent fumes from entering the combustion air of this or any
other heater when chlorinated or fluorinated hydrocarbon solvents (for
example, trichloroethylene, Freon) are used.
(iii) Heating elements shall be so designed and maintained that
their surface temperature will not cause the solvent or mixture to
decompose, break down, or be converted into an excessive quantity of
vapor.
(iv) Tanks or machines of more than 4 square feet (0.368 m\2\) of
vapor area, used for solvent cleaning or vapor degreasing, shall be
equipped with suitable cleanout or sludge doors located near the bottom
of each tank or still. These doors shall be so designed and gasketed
that there will be no leakage of solvent when they are closed.
(13) Scope. (i) This paragraph (i) applies to all operations
involving the immersion of materials in liquids, or in the vapors of
such liquids, for the purpose of cleaning or altering their surfaces, or
adding or imparting a finish thereto, or changing the character of the
materials, and their subsequent removal from the liquids or vapors,
draining, and drying. Such operations include washing, electroplating,
anodizing, pickling, quenching, dyeing, dipping, tanning, dressing,
bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting,
and other similar operations, but do not include molten materials
handling operations, or surface coating operations.
(ii) Molten materials handling operations means all operations,
other than welding, burning, and soldering operations, involving the
use, melting, smelting, or pouring of metals, alloys, salts, or other
similar substances in the molten state. Such operations also
[[Page 71]]
include heat treating baths, descaling baths, die casting stereotyping,
galvanizing, tinning, and similar operations.
(iii) Surface coating operations means all operations involving the
application of protective, decorative, adhesive, or strengthening
coating or impregnation to one or more surfaces, or into the interstices
of any object or material, by means of spraying, spreading, flowing,
brushing, roll coating, pouring, cementing, or similar means; and any
subsequent draining or drying operations, excluding open-tank
operations.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35099, June 30, 1993; 61 FR 9250, Mar. 3, 1996]
Sec. 1926.58 [Reserved]
Sec. 1926.59 Hazard communication.
Note: The requirements applicable to construction work under this
section are identical to those set forth at Sec. 1910.1200 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1926.60 Methylenedianiline.
(a) Scope and application. (1) This section applies to all
construction work as defined in 29 CFR 1910.12(b), in which there is
exposure to MDA, including but not limited to the following:
(i) Construction, alteration, repair, maintenance, or renovation of
structures, substrates, or portions thereof, that contain MDA;
(ii) Installation or the finishing of surfaces with products
containing MDA;
(iii) MDA spill/emergency cleanup at construction sites; and
(iv) Transportation, disposal, storage, or containment of MDA or
products containing MDA on the site or location at which construction
activities are performed.
(2) Except as provided in paragraphs (a)(7) and (f)(5) of this
section, this section does not apply to the processing, use, and
handling of products containing MDA where initial monitoring indicates
that the product is not capable of releasing MDA in excess of the action
level under the expected conditions of processing, use, and handling
which will cause the greatest possible release; and where no ``dermal
exposure to MDA'' can occur.
(3) Except as provided in paragraph (a)(7) of this section, this
section does not apply to the processing, use, and handling of products
containing MDA where objective data are reasonably relied upon which
demonstrate the product is not capable of releasing MDA under the
expected conditions of processing, use, and handling which will cause
the greatest possible release; and where no ``dermal exposure to MDA''
can occur.
(4) Except as provided in paragraph (a)(7) of this section, this
section does not apply to the storage, transportation, distribution or
sale of MDA in intact containers sealed in such a manner as to contain
the MDA dusts, vapors, or liquids, except for the provisions of 29 CFR
1910.1200 and paragraph (e) of this section.
(5) Except as provided in paragraph (a)(7) of this section, this
section does not apply to materials in any form which contain less than
0.1% MDA by weight or volume.
(6) Except as provided in paragraph (a)(7) of this section, this
section does not apply to ``finished articles containing MDA.''
(7) Where products containing MDA are exempted under paragraphs
(a)(2) through (a)(6) of this section, the employer shall maintain
records of the initial monitoring results or objective data supporting
that exemption and the basis for the employer's reliance on the data, as
provided in the recordkeeping provision of paragraph (o) of this
section.
(b) Definitions. For the purpose of this section, the following
definitions shall apply:
Action level means a concentration of airborne MDA of 5 ppb as an
eight (8)-hour time-weighted average.
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.
Authorized person means any person specifically authorized by the
employer whose duties require the person to enter a regulated area, or
any person entering such an area as a designated representative of
employees for the
[[Page 72]]
purpose of exercising the right to observe monitoring and measuring
procedures under paragraph (p) of this section, or any other person
authorized by the Act or regulations issued under the Act.
Container means any barrel, bottle, can, cylinder, drum, reaction
vessel, storage tank, commercial packaging or the like, but does not
include piping systems.
Decontamination area means an area outside of but as near as
practical to the regulated area, consisting of an equipment storage
area, wash area, and clean change area, which is used for the
decontamination of workers, materials, and equipment contaminated with
MDA.
Dermal exposure to MDA occurs where employees are engaged in the
handling, application or use of mixtures or materials containing MDA,
with any of the following non-airborne forms of MDA:
(i) Liquid, powdered, granular, or flaked mixtures containing MDA in
concentrations greater than 0.1% by weight or volume; and
(ii) Materials other than ``finished articles'' containing MDA in
concentrations greater than 0.1% by weight or volume.
Director means the Director of the National Institute for
Occupational Safety and Health, U.S. Department of Health and Human
Services, or designee.
Emergency means any occurrence such as, but not limited to,
equipment failure, rupture of containers, or failure of control
equipment which results in an unexpected and potentially hazardous
release of MDA.
Employee exposure means exposure to MDA which would occur if the
employee were not using respirators or protective work clothing and
equipment.
Finished article containing MDA is defined as a manufactured item:
(i) Which is formed to a specific shape or design during
manufacture;
(ii) Which has end use function(s) dependent in whole or part upon
its shape or design during end use; and
(iii) Where applicable, is an item which is fully cured by virtue of
having been subjected to the conditions (temperature, time) necessary to
complete the desired chemical reaction.
Historical monitoring data means monitoring data for construction
jobs that meet the following conditions:
(i) The data upon which judgments are based are scientifically sound
and were collected using methods that are sufficiently accurate and
precise;
(ii) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as
those to be used during the job for which initial monitoring will not be
performed;
(iii) The characteristics of the MDA-containing material being
handled when the historical monitoring data were obtained are the same
as those on the job for which initial monitoring will not be performed;
(iv) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job for which
initial monitoring will not be performed; and
(v) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception are substantially similar.
The data must be scientifically sound, the characteristics of the MDA
containing material must be similar and the environmental conditions
comparable.
4,4' Methylenedianiline or MDA means the chemical; 4,4'-
diaminodiphenylmethane, Chemical Abstract Service Registry number 101-
77-9, in the form of a vapor, liquid, or solid. The definition also
includes the salts of MDA.
Regulated Areas means areas where airborne concentrations of MDA
exceed or can reasonably be expected to exceed, the permissible exposure
limits, or where ``dermal exposure to MDA'' can occur.
STEL means short term exposure limit as determined by any 15-minute
sample period.
(c) Permissible exposure limits. The employer shall assure that no
employee is exposed to an airborne concentration of MDA in excess of ten
parts per billion (10 ppb) as an 8-hour time-weighted average and a STEL
of one hundred parts per billion (100 ppb).
[[Page 73]]
(d) Communication among employers. On multi-employer worksites, an
employer performing work involving the application of MDA or materials
containing MDA for which establishment of one or more regulated areas is
required shall inform other employers on the site of the nature of the
employer's work with MDA and of the existence of, and requirements
pertaining to, regulated areas.
(e) Emergency situations--(1) Written plan. (i) A written plan for
emergency situations shall be developed for each construction operation
where there is a possibility of an emergency. The plan shall include
procedures where the employer identifies emergency escape routes for his
employees at each construction site before the construction operation
begins. Appropriate portions of the plan shall be implemented in the
event of an emergency.
(ii) The plan shall specifically provide that employees engaged in
correcting emergency conditions shall be equipped with the appropriate
personal protective equipment and clothing as required in paragraphs (i)
and (j) of this section until the emergency is abated.
(iii) The plan shall specifically include provisions for alerting
and evacuating affected employees as well as the applicable elements
prescribed in 29 CFR 1910.38, ``Employee emergency plans and fire
prevention plans.''
(2) Alerting employees. Where there is the possibility of employee
exposure to MDA due to an emergency, means shall be developed to
promptly alert employees who have the potential to be directly exposed.
Affected employees not engaged in correcting emergency conditions shall
be evacuated immediately in the event that an emergency occurs. Means
shall also be developed for alerting other employees who may be exposed
as a result of the emergency.
(f) Exposure monitoring--(1) General. (i) Determinations of employee
exposure shall be made from breathing zone air samples that are
representative of each employee's exposure to airborne MDA over an eight
(8) hour period. Determination of employee exposure to the STEL shall be
made from breathing zone air samples collected over a 15 minute sampling
period.
(ii) Representative employee exposure shall be determined on the
basis of one or more samples representing full shift exposure for each
shift for each job classification in each work area where exposure to
MDA may occur.
(iii) Where the employer can document that exposure levels are
equivalent for similar operations in different work shifts, the employer
shall only be required to determine representative employee exposure for
that operation during one shift.
(2) Initial monitoring. Each employer who has a workplace or work
operation covered by this standard shall perform initial monitoring to
determine accurately the airborne concentrations of MDA to which
employees may be exposed unless:
(i) The employer can demonstrate, on the basis of objective data,
that the MDA-containing product or material being handled cannot cause
exposures above the standard's action level, even under worst-case
release conditions; or
(ii) The employer has historical monitoring or other data
demonstrating that exposures on a particular job will be below the
action level.
(3) Periodic monitoring and monitoring frequency. (i) If the
monitoring required by paragraph (f)(2) of this section reveals employee
exposure at or above the action level, but at or below the PELs, the
employer shall repeat such monitoring for each such employee at least
every six (6) months.
(ii) If the monitoring required by paragraph (f)(2) of this section
reveals employee exposure above the PELs, the employer shall repeat such
monitoring for each such employee at least every three (3) months.
(iii) Employers who are conducting MDA operations within a regulated
area can forego periodic monitoring if the employees are all wearing
supplied-air respirators while working in the regulated area.
(iv) The employer may alter the monitoring schedule from every three
months to every six months for any employee for whom two consecutive
measurements taken at least 7 days apart indicate that the employee
exposure has decreased to below the PELs but above the action level.
[[Page 74]]
(4) Termination of monitoring. (i) If the initial monitoring
required by paragraph (f)(2) of this section reveals employee exposure
to be below the action level, the employer may discontinue the
monitoring for that employee, except as otherwise required by paragraph
(f)(5) of this section.
(ii) If the periodic monitoring required by paragraph (f)(3) of this
section reveals that employee exposures, as indicated by at least two
consecutive measurements taken at least 7 days apart, are below the
action level the employer may discontinue the monitoring for that
employee, except as otherwise required by paragraph (f)(5) of this
section.
(5) Additional monitoring. The employer shall institute the exposure
monitoring required under paragraphs (f)(2) and (f)(3) of this section
when there has been a change in production process, chemicals present,
control equipment, personnel, or work practices which may result in new
or additional exposures to MDA, or when the employer has any reason to
suspect a change which may result in new or additional exposures.
(6) Accuracy of monitoring. Monitoring shall be accurate, to a
confidence level of 95 percent, to within plus or minus 25 percent for
airborne concentrations of MDA.
(7) Employee notification of monitoring results. (i) The employer
shall, within 15 working days after the receipt of the results of any
monitoring performed under this standard, notify each employee of these
results, in writing, either individually or by posting of results in an
appropriate location that is accessible to affected employees.
(ii) The written notification required by paragraph (f)(7)(i) of
this section shall contain the corrective action being taken by the
employer or any other protective measures which have been implemented to
reduce the employee exposure to or below the PELs, wherever the PELs are
exceeded.
(8) Visual monitoring. The employer shall make routine inspections
of employee hands, face and forearms potentially exposed to MDA. Other
potential dermal exposures reported by the employee must be referred to
the appropriate medical personnel for observation. If the employer
determines that the employee has been exposed to MDA the employer shall:
(i) Determine the source of exposure;
(ii) Implement protective measures to correct the hazard; and
(iii) Maintain records of the corrective actions in accordance with
paragraph (n) of this section.
(g) Regulated areas--(1) Establishment--(i) Airborne exposures. The
employer shall establish regulated areas where airborne concentrations
of MDA exceed or can reasonably be expected to exceed, the permissible
exposure limits.
(ii) Dermal exposures. Where employees are subject to ``dermal
exposure to MDA'' the employer shall establish those work areas as
regulated areas.
(2) Demarcation. Regulated areas shall be demarcated from the rest
of the workplace in a manner that minimizes the number of persons
potentially exposed.
(3) Access. Access to regulated areas shall be limited to authorized
persons.
(4) Personal protective equipment and clothing. Each person entering
a regulated area shall be supplied with, and required to use, the
appropriate personal protective clothing and equipment in accordance
with paragraphs (i) and (j) of this section.
(5) Prohibited activities. The employer shall ensure that employees
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in
regulated areas.
(h) Methods of compliance--(1) Engineering controls and work
practices and respirators. (i) The employer shall use one or any
combination of the following control methods to achieve compliance with
the permissible exposure limits prescribed by paragraph (c) of this
section:
(A) Local exhaust ventilation equipped with HEPA filter dust
collection systems;
(B) General ventilation systems;
(C) Use of workpractices; or
(D) Other engineering controls such as isolation and enclosure that
the Assistant Secretary can show to be feasible.
(ii) Wherever the feasible engineering controls and work practices
``which can be instituted are not sufficient to reduce employee exposure
to or below
[[Page 75]]
the PELs, the employer shall use them to reduce employee exposure to the
lowest levels achievable by these controls and shall supplement them by
the use of respiratory protective devices which comply with the
requirements of paragraph (i) of this section.
(2) Special Provisions. For workers engaged in spray application
methods, respiratory protection must be used in addition to feasible
engineering controls and work practices to reduce employee exposure to
or below the PELs.
(3) Prohibitions. Compressed air shall not be used to remove MDA,
unless the compressed air is used in conjunction with an enclosed
ventilation system designed to capture the dust cloud created by the
compressed air.
(4) Employee rotation. The employer shall not use employee rotation
as a means of compliance with the exposure limits prescribed in
paragraph (c) of this section.
(5) Compliance program. (i) The employer shall establish and
implement a written program to reduce employee exposure to or below the
PELs by means of engineering and work practice controls, as required by
paragraph (h)(1) of this section, and by use of respiratory protection
where permitted under this section.
(ii) Upon request this written program shall be furnished for
examination and copying to the Assistant Secretary, the Director,
affected employees and designated employee representatives. The employer
shall review and, as necessary, update such plans at least once every 12
months to make certain they reflect the current status of the program.
(i) Respiratory protection--(1) General. The employer shall provide
respirators, and ensure that they are used, where required by this
section. Respirators shall be used in the following circumstances.
(i) During the time period necessary to install or implement
feasible engineering and work practice controls;
(ii) In work operations such as maintenance and repair activities
and spray application processes for which engineering and work practice
controls are not feasible;
(iii) In work situations where feasible engineering and work
practice controls are not yet sufficient to reduce exposure to or below
the PELs; and
(iv) In emergencies.
(2) Respirator selection. (i) Where respirators are required or
allowed under this section, the employer shall select and provide, at no
cost to the employee, the appropriate respirator as specified in Table
1, and shall assure that the employee uses the respirator provided.
(ii) The employer shall select respirators from among those jointly
approved by the Mine Safety and Health Administration and the National
Institute for Occupational Safety and Health under the provisions of 30
CFR part 11.
(iii) Any employee who cannot wear a negative pressure respirator
shall be given the option of wearing a positive pressure respirator or
any supplied-air respirator operated in the continuous flow or pressure
demand mode.
(3) Respirator program. The employer shall institute a respiratory
protection program in accordance with 29 CFR 1910.134(b), (d), (e), and
(f).
(4) Respirator use. (i) Where air-purifying respirators (cartridge
or canister) are used, the employer shall replace the air purifying
element as needed to maintain the effectiveness of the respirator. The
employer shall ensure that each cartridge is dated at the beginning of
use.
(ii) Employees who wear respirators shall be allowed to leave the
regulated area to readjust the face piece or to wash their faces and to
wipe clean the face pieces on their respirators in order to minimize
potential skin irritation associated with respirator use.
Table 1.--Respiratory Protection for MDA
------------------------------------------------------------------------
Airborne concentration of MDA or condition
of use Respirator type
------------------------------------------------------------------------
a. Less than or equal to 10 x PEL (1) Half-Mask Respirator
with HEPA \1\ Cartridge.\2\
b. Less than or equal to 50 x PEL (1) Full facepiece
respirator with HEPA \1\
Cartridge or Canister.\2\
c. Less than or equal to 1000 x PEL (1) Full facepiece powered
air-purifying respirator
with HEPA \1\
cartridges.\2\
d. Greater than 1000 x PEL or unknown (1) Self-contained breathing
concentration apparatus with full
facepiece in positive
pressure mode.
[[Page 76]]
(2) Full facepiece positive
pressure demand supplied-
air respirator with
auxiliary self-contained
air supply.
e. Escape................................. (1) Any full facepiece air-
purifying respirator with
HEPA \1\ cartridges; \2\
(2) Any positive pressure or
continuous flow self-
contained breathing
apparatus with full
facepiece or hood.
f. Firefighting........................... (1) Full facepiece self-
contained breathing
apparatus in positive
pressure mode.
------------------------------------------------------------------------
Note: Respirators assigned for higher environmental concentrations may
be used at lower concentrations.
\1\ High Efficiency Particulate in Air filter (HEPA) means a filter that
is at least 99.97 percent efficient against mono-dispersed particles
of 0.3 micrometers or larger.
\2\ Combination HEPA/Organic Vapor Cartridges shall be used whenever MDA
in liquid form or a process requiring heat is used.
(5) Respirator fit testing. (i) The employer shall perform and
record the results of either quantitative or qualitative fit tests at
the time of initial fitting and at least annually thereafter for each
employee wearing a negative pressure respirator. The test shall be used
to select a respirator facepiece which provides the required protection
as prescribed in Table 1.
(ii) The employer shall follow the test protocols outlined in
Appendix E of this standard for whichever type of fit testing the
employer chooses.
(j) Protective work clothing and equipment--(1) Provision and use.
Where employees are subject to dermal exposure to MDA, where liquids
containing MDA can be splashed into the eyes, or where airborne
concentrations of MDA are in excess of the PEL, the employer shall
provide, at no cost to the employee, and ensure that the employee uses,
appropriate protective work clothing and equipment which prevent contact
with MDA such as, but not limited to:
(i) Aprons, coveralls or other full-body work clothing;
(ii) Gloves, head coverings, and foot coverings; and
(iii) Face shields, chemical goggles; or
(iv) Other appropriate protective equipment which comply with 29 CFR
1910.133.
(2) Removal and storage. (i) The employer shall ensure that, at the
end of their work shift, employees remove MDA-contaminated protective
work clothing and equipment that is not routinely removed throughout the
day in change areas provided in accordance with the provisions in
paragraph (k) of this section.
(ii) The employer shall ensure that, during their work shift,
employees remove all other MDA-contaminated protective work clothing or
equipment before leaving a regulated area.
(iii) The employer shall ensure that no employee takes MDA-
contaminated work clothing or equipment out of the decontamination
areas, except those employees authorized to do so for the purpose of
laundering, maintenance, or disposal.
(iv) MDA-contaminated work clothing or equipment shall be placed and
stored and transported in sealed, impermeable bags, or other closed
impermeable containers.
(v) Containers of MDA-contaminated protective work clothing or
equipment which are to be taken out of decontamination areas or the
workplace for cleaning, maintenance, or disposal, shall bear labels
warning of the hazards of MDA.
(3) Cleaning and replacement. (i) The employer shall provide the
employee with clean protective clothing and equipment. The employer
shall ensure that protective work clothing or equipment required by this
paragraph is cleaned, laundered, repaired, or replaced at intervals
appropriate to maintain its effectiveness.
(ii) The employer shall prohibit the removal of MDA from protective
work clothing or equipment by blowing, shaking, or any methods which
allow MDA to re-enter the workplace.
(iii) The employer shall ensure that laundering of MDA-contaminated
clothing shall be done so as to prevent the release of MDA in the
workplace.
(iv) Any employer who gives MDA-contaminated clothing to another
person for laundering shall inform such person of the requirement to
prevent the release of MDA.
(v) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with MDA of the
potentially harmful effects of exposure.
[[Page 77]]
(4) Visual Examination. (i) The employer shall ensure that
employees' work clothing is examined periodically for rips or tears that
may occur during performance of work.
(ii) When rips or tears are detected, the protective equipment or
clothing shall be repaired and replaced immediately.
(k) Hygiene facilities and practices--(1) General. (i) The employer
shall provide decontamination areas for employees required to work in
regulated areas or required by paragraph (j)(1) of this section to wear
protective clothing. Exception: In lieu of the decontamination area
requirement specified in paragraph (k)(1)(i) of this section, the
employer may permit employees engaged in small scale, short duration
operations, to clean their protective clothing or dispose of the
protective clothing before such employees leave the area where the work
was performed.
(ii) Change areas. The employer shall ensure that change areas are
equipped with separate storage facilities for protective clothing and
street clothing, in accordance with 29 CFR 1910.141(e).
(iii) Equipment area. The equipment area shall be supplied with
impermeable, labeled bags and containers for the containment and
disposal of contaminated protective clothing and equipment.
(2) Shower area. (i) Where feasible, shower facilities shall be
provided which comply with 29 CFR 1910.141(d)(3) wherever the
possibility of employee exposure to airborne levels of MDA in excess of
the permissible exposure limit exists.
(ii) Where dermal exposure to MDA occurs, the employer shall ensure
that materials spilled or deposited on the skin are removed as soon as
possible by methods which do not facilitate the dermal absorption of
MDA.
(3) Lunch Areas. (i) Whenever food or beverages are consumed at the
worksite and employees are exposed to MDA the employer shall provide
clean lunch areas were MDA levels are below the action level and where
no dermal exposure to MDA can occur.
(ii) The employer shall ensure that employees wash their hands and
faces with soap and water prior to eating, drinking, smoking, or
applying cosmetics.
(iii) The employer shall ensure that employees do not enter lunch
facilities with contaminated protective work clothing or equipment.
(l) Communication of hazards to employees--(1) Signs and labels. (i)
The employer shall post and maintain legible signs demarcating regulated
areas and entrances or accessways to regulated areas that bear the
following legend:
DANGER
MDA
MAY CAUSE CANCER
LIVER TOXIN
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED TO BE WORN IN THIS
AREA
(ii) The employer shall ensure that labels or other appropriate
forms of warning are provided for containers of MDA within the
workplace. The labels shall comply with the requirements of 29 CFR
1910.1200(f) and shall include one of the following legends:
(A) For pure MDA
DANGER
CONTAINS MDA
MAY CAUSE CANCER
LIVER TOXIN
(B) For mixtures containing MDA
DANGER
CONTAINS MDA
CONTAINS MATERIALS WHICH MAY CAUSE CANCER
LIVER TOXIN
(2) Material safety data sheets (MSDS). Employers shall obtain or
develop, and shall provide access to their employees, to a material
safety data sheet (MSDS) for MDA.
(3) Information and training. (i) The employer shall provide
employees with information and training on MDA, in accordance with 29
CFR 1910.1200(h), at the time of initial assignment and at least
annually thereafter.
(ii) In addition to the information required under 29 CFR 1910.1200,
the employer shall:
(A) Provide an explanation of the contents of this section,
including appendices A and B of this section, and indicate to employees
where a copy of the standard is available;
[[Page 78]]
(B) Describe the medical surveillance program required under
paragraph (n) of this section, and explain the information contained in
appendix C of this section; and
(C) Describe the medical removal provision required under paragraph
(n) of this section.
(4) Access to training materials. (i) The employer shall make
readily available to all affected employees, without cost, all written
materials relating to the employee training program, including a copy of
this regulation.
(ii) The employer shall provide to the Assistant Secretary and the
Director, upon request, all information and training materials relating
to the employee information and training program.
(m) Housekeeping. (1) All surfaces shall be maintained as free as
practicable of visible accumulations of MDA.
(2) The employer shall institute a program for detecting MDA leaks,
spills, and discharges, including regular visual inspections of
operations involving liquid or solid MDA.
(3) All leaks shall be repaired and liquid or dust spills cleaned up
promptly.
(4) Surfaces contaminated with MDA may not be cleaned by the use of
compressed air.
(5) Shoveling, dry sweeping, and other methods of dry clean-up of
MDA may be used where HEPA filtered vacuuming and/or wet cleaning are
not feasible or practical.
(6) Waste, scrap, debris, bags, containers, equipment, and clothing
contaminated with MDA shall be collected and disposed of in a manner to
prevent the re-entry of MDA into the workplace.
(n) Medical surveillance--(1) General. (i) The employer shall make
available a medical surveillance program for employees exposed to MDA
under the following circumstances:
(A) Employees exposed at or above the action level for 30 or more
days per year;
(B) Employees who are subject to dermal exposure to MDA for 15 or
more days per year;
(C) Employees who have been exposed in an emergency situation;
(D) Employees whom the employer, based on results from compliance
with paragraph (f)(8) of this section, has reason to believe are being
dermally exposed; and
(E) Employees who show signs or symptoms of MDA exposure.
(ii) The employer shall ensure that all medical examinations and
procedures are performed by or under the supervision of a licensed
physician at a reasonable time and place, and provided without cost to
the employee.
(2) Initial examinations. (i) Within 150 days of the effective date
of this standard, or before the time of initial assignment, the employer
shall provide each employee covered by paragraph (n)(1)(i) of this
section with a medical examination including the following elements:
(A) A detailed history which includes:
(1) Past work exposure to MDA or any other toxic substances;
(2) A history of drugs, alcohol, tobacco, and medication routinely
taken (duration and quantity); and
(3) A history of dermatitis, chemical skin sensitization, or
previous hepatic disease.
(B) A physical examination which includes all routine physical
examination parameters, skin examination, and examination for signs of
liver disease.
(C) Laboratory tests including:
(1) Liver function tests and (2) Urinalysis.
(D) Additional tests as necessary in the opinion of the physician.
(ii) No initial medical examination is required if adequate records
show that the employee has been examined in accordance with the
requirements of this section within the previous six months prior to the
effective date of this standard or prior to the date of initial
assignment.
(3) Periodic examinations. (i) The employer shall provide each
employee covered by this section with a medical examination at least
annually following the initial examination. These periodic examinations
shall include at least the following elements:
(A) A brief history regarding any new exposure to potential liver
toxins, changes in drug, tobacco, and alcohol intake, and the appearance
of physical
[[Page 79]]
signs relating to the liver, and the skin;
(B) The appropriate tests and examinations including liver function
tests and skin examinations; and
(C) Appropriate additional tests or examinations as deemed necessary
by the physician.
(ii) If in the physician's opinion the results of liver function
tests indicate an abnormality, the employee shall be removed from
further MDA exposure in accordance with paragraph (n)(9) of this
section. Repeat liver function tests shall be conducted on advice of the
physician.
(4) Emergency examinations. If the employer determines that the
employee has been exposed to a potentially hazardous amount of MDA in an
emergency situation under paragraph (e) of this section, the employer
shall provide medical examinations in accordance with paragraphs (n)(3)
(i) and (ii) of this section. If the results of liver function testing
indicate an abnormality, the employee shall be removed in accordance
with paragraph (n)(9) of this section. Repeat liver function tests shall
be conducted on the advice of the physician. If the results of the tests
are normal, tests must be repeated two to three weeks from the initial
testing. If the results of the second set of tests are normal and on the
advice of the physician, no additional testing is required.
(5) Additional examinations. Where the employee develops signs and
symptoms associated with exposure to MDA, the employer shall provide the
employee with an additional medical examination including liver function
tests. Repeat liver function tests shall be conducted on the advice of
the physician. If the results of the tests are normal, tests must be
repeated two to three weeks from the initial testing. If the results of
the second set of tests are normal and on the advice of the physician,
no additional testing is required.
(6) Multiple physician review mechanism. (i) If the employer selects
the initial physician who conducts any medical examination or
consultation provided to an employee under this section, and the
employee has signs or symptoms of occupational exposure to MDA (which
could include an abnormal liver function test), and the employee
disagrees with the opinion of the examining physician, and this opinion
could affect the employee's job status, the employee may designate an
appropriate and mutually acceptable second physician:
(A) To review any findings, determinations or recommendations of the
initial physician; and
(B) To conduct such examinations, consultations, and laboratory
tests as the second physician deems necessary to facilitate this review.
(ii) The employer shall promptly notify an employee of the right to
seek a second medical opinion after each occasion that an initial
physician conducts a medical examination or consultation pursuant to
this section. The employer may condition its participation in, and
payment for, the multiple physician review mechanism upon the employee
doing the following within fifteen (15) days after receipt of the
foregoing notification, or receipt of the initial physician's written
opinion, whichever is later:
(A) The employee informing the employer that he or she intends to
seek a second medical opinion, and
(B) The employee initiating steps to make an appointment with a
second physician.
(iii) If the findings, determinations, or recommendations of the
second physician differ from those of the initial physician, then the
employer and the employee shall assure that efforts are made for the two
physicians to resolve any disagreement.
(iv) If the two physicians have been unable to quickly resolve their
disagreement, then the employer and the employee through their
respective physicians shall designate a third physician:
(A) To review any findings, determinations, or recommendations of
the prior physicians; and
(B) To conduct such examinations, consultations, laboratory tests,
and discussions with the prior physicians as the third physician deems
necessary to resolve the disagreement of the prior physicians.
(v) The employer shall act consistent with the findings,
determinations, and
[[Page 80]]
recommendations of the second physician, unless the employer and the
employee reach a mutually acceptable agreement.
(7) Information provided to the examining physician. (i) The
employer shall provide the following information to the examining
physician:
(A) A copy of this regulation and its appendices;
(B) A description of the affected employee's duties as they relate
to the employee's potential exposure to MDA;
(C) The employee's current actual or representative MDA exposure
level;
(D) A description of any personal protective equipment used or to be
used; and
(E) Information from previous employment related medical
examinations of the affected employee.
(ii) The employer shall provide the foregoing information to a
second physician under this section upon request either by the second
physician, or by the employee.
(8) Physician's written opinion. (i) For each examination under this
section, the employer shall obtain, and provide the employee with a copy
of, the examining physician's written opinion within 15 days of its
receipt. The written opinion shall include the following:
(A) The occupationally pertinent results of the medical examination
and tests;
(B) The physician's opinion concerning whether the employee has any
detected medical conditions which would place the employee at increased
risk of material impairment of health from exposure to MDA;
(C) The physician's recommended limitations upon the employee's
exposure to MDA or upon the employee's use of protective clothing or
equipment and respirators; and
(D) A statement that the employee has been informed by the physician
of the results of the medical examination and any medical conditions
resulting from MDA exposure which require further explanation or
treatment.
(ii) The written opinion obtained by the employer shall not reveal
specific findings or diagnoses unrelated to occupational exposures.
(9) Medical removal--(i) Temporary medical removal of an employee--
(A) Temporary removal resulting from occupational exposure. The employee
shall be removed from work environments in which exposure to MDA is at
or above the action level or where dermal exposure to MDA may occur,
following an initial examination (paragraph (n)(2) of this section),
periodic examinations (paragraph (n)(3) of this section), an emergency
situation (paragraph (n)(4) of this section), or an additional
examination (paragraph (n)(5) of this section) in the following
circumstances:
(1) When the employee exhibits signs and/or symptoms indicative of
acute exposure to MDA; or
(2) When the examining physician determines that an employee's
abnormal liver function tests are not associated with MDA exposure but
that the abnormalities may be exacerbated as a result of occupational
exposure to MDA.
(B) Temporary removal due to a final medical determination. (1) The
employer shall remove an employee from work having an exposure to MDA at
or above the action level or where the potential for dermal exposure
exists on each occasion that a final medical determination results in a
medical finding, determination, or opinion that the employee has a
detected medical condition which places the employee at increased risk
of material impairment to health from exposure to MDA.
(2) For the purposes of this section, the phrase ``final medical
determination'' shall mean the outcome of the physician review mechanism
used pursuant to the medical surveillance provisions of this section.
(3) Where a final medical determination results in any recommended
special protective measures for an employee, or limitations on an
employee's exposure to MDA, the employer shall implement and act
consistent with the recommendation.
(ii) Return of the employee to former job status. (A) The employer
shall return an employee to his or her former job status:
(1) When the employee no longer shows signs or symptoms of exposure
to MDA, or upon the advice of the physician.
(2) When a subsequent final medical determination results in a
medical finding, determination, or opinion that
[[Page 81]]
the employee no longer has a detected medical condition which places the
employee at increased risk of material impairment to health from
exposure to MDA.
(B) For the purposes of this section, the requirement that an
employer return an employee to his or her former job status is not
intended to expand upon or restrict any rights an employee has or would
have had, absent temporary medical removal, to a specific job
classification or position under the terms of a collective bargaining
agreement.
(iii) Removal of other employee special protective measure or
limitations. The employer shall remove any limitations placed on an
employee or end any special protective measures provided to an employee
pursuant to a final medical determination when a subsequent final
medical determination indicates that the limitations or special
protective measures are no longer necessary.
(iv) Employer options pending a final medical determination. Where
the physician review mechanism used pursuant to the medical surveillance
provisions of this section, has not yet resulted in a final medical
determination with respect to an employee, the employer shall act as
follows:
(A) Removal. The employer may remove the employee from exposure to
MDA, provide special protective measures to the employee, or place
limitations upon the employee, consistent with the medical findings,
determinations, or recommendations of the physician who has reviewed the
employee's health status.
(B) Return. The employer may return the employee to his or her
former job status, and end any special protective measures provided to
the employee, consistent with the medical findings, determinations, or
recommendations of any of the physicians who have reviewed the
employee's health status, with two exceptions:
(1) If the initial removal, special protection, or limitation of the
employee resulted from a final medical determination which differed from
the findings, determinations, or recommendations of the initial
physician; or
(2) The employee has been on removal status for the preceding six
months as a result of exposure to MDA, then the employer shall await a
final medical determination.
(v) Medical removal protection benefits--(A) Provisions of medical
removal protection benefits. The employer shall provide to an employee
up to six (6) months of medical removal protection benefits on each
occasion that an employee is removed from exposure to MDA or otherwise
limited pursuant to this section.
(B) Definition of medical removal protection benefits. For the
purposes of this section, the requirement that an employer provide
medical removal protection benefits means that the employer shall
maintain the earnings, seniority, and other employment rights and
benefits of an employee as though the employee had not been removed from
normal exposure to MDA or otherwise limited.
(C) Follow-up medical surveillance during the period of employee
removal or limitations. During the period of time that an employee is
removed from normal exposure to MDA or otherwise limited, the employer
may condition the provision of medical removal protection benefits upon
the employee's participation in follow-up medical surveillance made
available pursuant to this section.
(D) Workers' compensation claims. If a removed employee files a
claim for workers' compensation payments for a MDA-related disability,
then the employer shall continue to provide medical removal protection
benefits pending disposition of the claim. To the extent that an award
is made to the employee for earnings lost during the period of removal,
the employer's medical removal protection obligation shall be reduced by
such amount. The employer shall receive no credit for workers'
compensation payments received by the employee for treatment-related
expenses.
(E) Other credits. The employer's obligation to provide medical
removal protection benefits to a removed employee shall be reduced to
the extent that the employee receives compensation for earnings lost
during the period of removal either from a publicly or employer-funded
compensation program, or receives income from employment
[[Page 82]]
with any employer made possible by virtue of the employee's removal.
(F) Employees who do not recover within the 6 months of removal. The
employer shall take the following measures with respect to any employee
removed from exposure to MDA:
(1) The employer shall make available to the employee a medical
examination pursuant to this section to obtain a final medical
determination with respect to the employee;
(2) The employer shall assure that the final medical determination
obtained indicates whether or not the employee may be returned to his or
her former job status, and, if not, what steps should be taken to
protect the employee's health;
(3) Where the final medical determination has not yet been obtained,
or once obtained indicates that the employee may not yet be returned to
his or her former job status, the employer shall continue to provide
medical removal protection benefits to the employee until either the
employee is returned to former job status, or a final medical
determination is made that the employee is incapable of ever safely
returning to his or her former job status; and
(4) Where the employer acts pursuant to a final medical
determination which permits the return of the employee to his or her
former job status despite what would otherwise be an unacceptable liver
function test, later questions concerning removing the employee again
shall be decided by a final medical determination. The employer need not
automatically remove such an employee pursuant to the MDA removal
criteria provided by this section.
(vi) Voluntary removal or restriction of an employee. Where an
employer, although not required by this section to do so, removes an
employee from exposure to MDA or otherwise places limitations on an
employee due to the effects of MDA exposure on the employee's medical
condition, the employer shall provide medical removal protection
benefits to the employee equal to that required by paragraph (n)(9)(v)
of this section.
(o) Recordkeeping--(1) Objective data for exempted operations. (i)
Where the employer has relied on objective data that demonstrate that
products made from or containing MDA are not capable of releasing MDA or
do not present a dermal exposure problem under the expected conditions
of processing, use, or handling to exempt such operations from the
initial monitoring requirements under paragraph (f)(2) of this section,
the employer shall establish and maintain an accurate record of
objective data reasonably relied upon in support of the exemption.
(ii) The record shall include at least the following information:
(A) The product qualifying for exemption;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and/or analysis of the
material for the release of MDA;
(D) A description of the operation exempted and how the data support
the exemption; and
(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exemption.
(iii) The employer shall maintain this record for the duration of
the employer's reliance upon such objective data.
(2) Historical monitoring data. (i) Where the employer has relied on
historical monitoring data that demonstrate that exposures on a
particular job will be below the action level to exempt such operations
from the initial monitoring requirements under paragraph (f)(2) of this
section, the employer shall establish and maintain an accurate record of
historical monitoring data reasonably relied upon in support of the
exception.
(ii) The record shall include information that reflect the following
conditions:
(A) The data upon which judgments are based are scientifically sound
and were collected using methods that are sufficiently accurate and
precise;
(B) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as
those to be used during the job for which initial monitoring will not be
performed;
(C) The characteristics of the MDA-containing material being handled
when the historical monitoring data
[[Page 83]]
were obtained are the same as those on the job for which initial
monitoring will not be performed;
(D) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job for which
initial monitoring will not be performed; and
(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception.
(iii) The employer shall maintain this record for the duration of
the employer's reliance upon such historical monitoring data.
(3) The employer may utilize the services of competent organizations
such as industry trade associations and employee associations to
maintain the records required by this section.
(4) Exposure measurements. (i) The employer shall keep an accurate
record of all measurements taken to monitor employee exposure to MDA.
(ii) This record shall include at least the following information:
(A) The date of measurement;
(B) The operation involving exposure to MDA;
(C) Sampling and analytical methods used and evidence of their
accuracy;
(D) Number, duration, and results of samples taken;
(E) Type of protective devices worn, if any; and
(F) Name, social security number, and exposure of the employees
whose exposures are represented.
(iii) The employer shall maintain this record for at least thirty
(30) years, in accordance with 29 CFR 1910.20.
(5) Medical surveillance. (i) The employer shall establish and
maintain an accurate record for each employee subject to medical
surveillance by paragraph (n) of this section, in accordance with 29 CFR
1910.20.
(ii) The record shall include at least the following information:
(A) The name and social security number of the employee;
(B) A copy of the employee's medical examination results, including
the medical history, questionnaire responses, results of any tests, and
physician's recommendations.
(C) Physician's written opinions;
(D) Any employee medical complaints related to exposure to MDA; and
(E) A copy of the information provided to the physician as required
by paragraph (n) of this section.
(iii) The employer shall ensure that this record is maintained for
the duration of employment plus thirty (30) years, in accordance with 29
CFR 1910.20.
(iv) A copy of the employee's medical removal and return to work
status.
(6) Training records. The employer shall maintain all employee
training records for one (1) year beyond the last date of employment.
(7) Availability. (i) The employer, upon written request, shall make
all records required to be maintained by this section available to the
Assistant Secretary and the Director for examination and copying.
(ii) The employer, upon request, shall make any exposure records
required by paragraphs (f) and (n) of this section available for
examination and copying to affected employees, former employees,
designated representatives, and the Assistant Secretary, in accordance
with 29 CFR 1910.20(a)-(e) and (g)-(i).
(iii) The employer, upon request, shall make employee medical
records required by paragraphs (n) and (o) of this section available for
examination and copying to the subject employee, anyone having the
specific written consent of the subject employee, and the Assistant
Secretary, in accordance with 29 CFR 1910.20.
(8) Transfer of records. (i) The employer shall comply with the
requirements concerning transfer of records set forth in 29 CFR
1910.20(h).
(ii) Whenever the employer ceases to do business and there is no
successor employer to receive and retain the records for the prescribed
period, the employer shall notify the Director at least 90 days prior to
disposal and, upon request, transmit them to the Director.
(p) Observation of monitoring--(1) Employee observation. The
employer shall provide affected employees, or their designated
representatives, an opportunity to observe the measuring or monitoring
of employee exposure to
[[Page 84]]
MDA conducted pursuant to paragraph (f) of this section.
(2) Observation procedures. When observation of the measuring or
monitoring of employee exposure to MDA requires entry into areas where
the use of protective clothing and equipment or respirators is required,
the employer shall provide the observer with personal protective
clothing and equipment or respirators required to be worn by employees
working in the area, assure the use of such clothing and equipment or
respirators, and require the observer to comply with all other
applicable safety and health procedures.
(q) Effective date. This standard shall become effective on
September 9, 1992.
(r) Appendices. The information contained in appendices A, B, C and
D of this section is not intended by itself, to create any additional
obligations not otherwise imposed by this standard nor detract from any
existing obligation. The protocols for respiratory fit testing in
appendix E of this section are mandatory.
(s) Startup dates. Compliance with all obligations of this standard
commence September 9, 1992, except as follows:
(1) Initial monitoring under paragraph (f)(2) of this section shall
be completed as soon as possible but no later than December 8, 1992.
(2) Medical examinations under paragraph (n) of this section shall
be completed as soon as possible but no later than February 8, 1993.
(3) Emergency plans required by paragraph (e) of this section shall
be provided and available for inspection and copying as soon as possible
but no later than January 7, 1993.
(4) Initial training and education shall be completed as soon as
possible but no later than January 7, 1993.
(5) Decontamination and lunch areas under paragraph (k) of this
section shall be in operation as soon as possible but no later than
September 9, 1993.
(6) Respiratory Protection required by paragraph (i) of this section
shall be provided as soon as possible but no later than January 7, 1993.
(7) Written compliance plans required by paragraph (h)(5) of this
section shall be completed and available for inspection and copying as
soon as possible but no later than January 7, 1993.
(8) OSHA shall enforce the permissible exposure limits in paragraph
(c) of this section no earlier than January 7, 1993.
(9) Engineering controls needed to achieve the PELs must be in place
September 9, 1993.
(10) Personal protective clothing required by paragraph (j) of this
section shall be available January 7, 1993.
Appendix A to Sec. 1926.60--Substance Data Sheet, for 4-4'
Methylenedianiline
Note: The requirements applicable to construction work under this
Appendix A are identical to those set forth in Appendix A to
Sec. 1910.1050 of this chapter.
Appendix B to Sec. 1926.60--Substance Technical Guidelines, MDA
Note: The requirements applicable to construction work under this
Appendix B are identical to those set forth in Appendix B to
Sec. 1910.1050 of this chapter.
Appendix C to Sec. 1926.60--Medical Surveillance Guidelines for MDA
Note: The requirements applicable to construction work under this
Appendix C are identical to those set forth in Appendix C to
Sec. 1910.1050 of this chapter.
Appendix D to Sec. 1926.60--Sampling and Analytical Methods for MDA
Monitoring and Measurement Procedures
Note: The requirements applicable to construction work under this
Appendix D are identical to those set forth in Appendix D to
Sec. 1910.1050 of this chapter.
Appendix E to Sec. 1926.60--Qualitative and Quantitative Fit Testing
Procedures
Note: The requirements applicable to construction work under this
Appendix E are identical to those set forth in Appendix E to
Sec. 1910.1050 of this chapter.
[57 FR 35681, Aug. 10, 1992, as amended at 57 FR 49649, Nov. 3, 1992; 61
FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996]
[[Page 85]]
Sec. 1926.61 Retention of DOT markings, placards and labels.
Note: The requirements applicable to construction work under this
section are identical to those set forth at Sec. 1910.1201 of this
chapter.
[61 FR 31432, June 20, 1996]
Sec. 1926.62 Lead.
(a) Scope. This section applies to all construction work where an
employee may be occupationally exposed to lead. All construction work
excluded from coverage in the general industry standard for lead by 29
CFR 1910.1025(a)(2) is covered by this standard. Construction work is
defined as work for construction, alteration and/or repair, including
painting and decorating. It includes but is not limited to the
following:
(1) Demolition or salvage of structures where lead or materials
containing lead are present;
(2) Removal or encapsulation of materials containing lead;
(3) New construction, alteration, repair, or renovation of
structures, substrates, or portions thereof, that contain lead, or
materials containing lead;
(4) Installation of products containing lead;
(5) Lead contamination/emergency cleanup;
(6) Transportation, disposal, storage, or containment of lead or
materials containing lead on the site or location at which construction
activities are performed, and
(7) Maintenance operations associated with the construction
activities described in this paragraph.
(b) Definitions.
Action level means employee exposure, without regard to the use of
respirators, to an airborne concentration of lead of 30 micrograms per
cubic meter of air (30 g/m3) calculated as an 8-hour
time-weighted average (TWA).
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.
Competent person means one who is capable of identifying existing
and predictable lead hazards in the surroundings or working conditions
and who has authorization to take prompt corrective measures to
eliminate them.
Director means the Director, National Institute for Occupational
Safety and Health (NIOSH), U.S. Department of Health and Human Services,
or designee.
Lead means metallic lead, all inorganic lead compounds, and organic
lead soaps. Excluded from this definition are all other organic lead
compounds.
This section means this standard.
(c) Permissible exposure limit. (1) The employer shall assure that
no employee is exposed to lead at concentrations greater than fifty
micrograms per cubic meter of air (50 g/m3) averaged
over an 8-hour period.
(2) If an employee is exposed to lead for more than 8 hours in any
work day the employees' allowable exposure, as a time weighted average
(TWA) for that day, shall be reduced according to the following formula:
Allowable employee exposure (in g/m3)=400
divided by hours worked in the day.
(3) When respirators are used to limit employee exposure as required
under paragraph (c) of this section and all the requirements of
paragraphs (e)(1) and (f) of this section have been met, employee
exposure may be considered to be at the level provided by the protection
factor of the respirator for those periods the respirator is worn. Those
periods may be averaged with exposure levels during periods when
respirators are not worn to determine the employee's daily TWA exposure.
(d) Exposure assessment--(1) General. (i) Each employer who has a
workplace or operation covered by this standard shall initially
determine if any employee may be exposed to lead at or above the action
level.
(ii) For the purposes of paragraph (d) of this section, employee
exposure is that exposure which would occur if the employee were not
using a respirator.
(iii) With the exception of monitoring under paragraph (d)(3), where
monitoring is required under this section, the employer shall collect
personal samples representative of a full shift including at least one
sample for each job classification in each work area either for each
shift or for the shift with the highest exposure level.
[[Page 86]]
(iv) Full shift personal samples shall be representative of the
monitored employee's regular, daily exposure to lead.
(2) Protection of employees during assessment of exposure. (i) With
respect to the lead related tasks listed in paragraph (d)(2)(i) of this
section, where lead is present, until the employer performs an employee
exposure assessment as required in paragraph (d) of this section and
documents that the employee performing any of the listed tasks is not
exposed above the PEL, the employer shall treat the employee as if the
employee were exposed above the PEL, and not in excess of ten (10) times
the PEL, and shall implement employee protective measures prescribed in
paragraph (d)(2)(v) of this section. The tasks covered by this
requirement are:
(A) Where lead containing coatings or paint are present: Manual
demolition of structures (e.g, dry wall), manual scraping, manual
sanding, heat gun applications, and power tool cleaning with dust
collection systems;
(B) Spray painting with lead paint.
(ii) In addition, with regard to tasks not listed in paragraph
(d)(2)(i), where the employee has any reason to believe that an employee
performing the task may be exposed to lead in excess of the PEL, until
the employer performs an employee exposure assessment as required by
paragraph (d) of this section and documents that the employee's lead
exposure is not above the PEL the employer shall treat the employee as
if the employee were exposed above the PEL and shall implememt employee
protective measures as prescribed in paragraph (d)(2)(v) of this
section.
(iii) With respect to the tasks listed in paragraph (d)(2)(iii) of
this section, where lead is present, until the employer performs an
employee exposure assessment as required in paragraph (d) of this
section, and documents that the employee performing any of the listed
tasks is not exposed in excess of 500 g/m3, the
employer shall treat the employee as if the employee were exposed to
lead in excess of 500 g/m3 and shall implement
employee protective measures as prescribed in paragraph (d)(2)(v) of
this section. Where the employer does establish that the employee is
exposed to levels of lead below 500 g/m3, the
employer may provide the exposed employee with the appropriate
respirator prescribed for such use at such lower exposures, in
accordance with Table 1 of this section. The tasks covered by this
requirement are:
(A) Using lead containing mortar; lead burning
(B) Where lead containing coatings or paint are present: rivet
busting; power tool cleaning without dust collection systems; cleanup
activities where dry expendable abrasives are used; and abrasive
blasting enclosure movement and removal.
(iv) With respect to the tasks listed in paragraph (d)(2)(iv) of
this section, where lead is present, until the employer performs an
employee exposure assessment as required in paragraph (d) of this
section and documents that the employee performing any of the listed
tasks is not exposed to lead in excess of 2,500 g/m3
(50 x PEL), the employer shall treat the employee as if the employee
were exposed to lead in excess of 2,500 g/m3 and
shall implement employee protective measures as prescribed in paragraph
(d)(2)(v) of this section. Where the employer does establish that the
employee is exposed to levels of lead below 2,500 g/m3, the
employer may provide the exposed employee with the appropriate
respirator prescribed for use at such lower exposures, in accordance
with Table I of this section. Interim protection as described in this
paragaraph is required where lead containing coatings or paint are
present on structures when performing:
(A) Abrasive blasting,
(B) Welding,
(C) Cutting, and
(D) Torch burning.
(v) Until the employer performs an employee exposure assessment as
required under paragraph (d) of this section and determines actual
employee exposure, the employer shall provide to employees performing
the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii),
and (d)(2)(iv) of this section with interim protection as follows:
(A) Appropriate respiratory protection in accordance with paragraph
(f) of this section.
[[Page 87]]
(B) Appropriate personal protective clothing and equipment in
accordance with paragraph (g) of this section.
(C) Change areas in accordance with paragraph (i)(2) of this
section.
(D) Hand washing facilities in accordance with paragraph (i)(5) of
this section.
(E) Biological monitoring in accordance with paragraph (j)(1)(i) of
this section, to consist of blood sampling and analysis for lead and
zinc protoporphyrin levels, and
(F) Training as required under paragraph (l)(1)(i) of this section
regarding 29 CFR 1926.59, Hazard Communication; training as required
under paragraph (l)(2)(ii)(C) of this section, regarding use of
respirators; and training in accordance with 29 CFR 1926.21, Safety
training and education.
(3) Basis of initial determination. (i) Except as provided under
paragraphs (d)(3)(iii) and (d)(3)(iv) of this section the employer shall
monitor employee exposures and shall base initial determinations on the
employee exposure monitoring results and any of the following, relevant
considerations:
(A) Any information, observations, or calculations which would
indicate employee exposure to lead;
(B) Any previous measurements of airborne lead; and
(C) Any employee complaints of symptoms which may be attributable to
exposure to lead.
(ii) Monitoring for the initial determination where performed may be
limited to a representative sample of the exposed employees who the
employer reasonably believes are exposed to the greatest airborne
concentrations of lead in the workplace.
(iii) Where the employer has previously monitored for lead
exposures, and the data were obtained within the past 12 months during
work operations conducted under workplace conditions closely resembling
the processes, type of material, control methods, work practices, and
environmental conditions used and prevailing in the employer's current
operations, the employer may rely on such earlier monitoring results to
satisfy the requirements of paragraphs (d)(3)(i) and (d)(6) of this
section if the sampling and analytical methods meet the accuracy and
confidence levels of paragraph (d)(10) of this section.
(iv) Where the employer has objective data, demonstrating that a
particular product or material containing lead or a specific process,
operation or activity involving lead cannot result in employee exposure
to lead at or above the action level during processing, use, or
handling, the employer may rely upon such data instead of implementing
initial monitoring.
(A) The employer shall establish and maintain an accurate record
documenting the nature and relevancy of objective data as specified in
paragraph (n)(4) of this section, where used in assessing employee
exposure in lieu of exposure monitoring.
(B) Objective data, as described in paragraph (d)(3)(iv) of this
section, is not permitted to be used for exposure assessment in
connection with paragraph (d)(2) of this section.
(4) Positive initial determination and initial monitoring. (i) Where
a determination conducted under paragraphs (d) (1), (2) and (3) of this
section shows the possibility of any employee exposure at or above the
action level the employer shall conduct monitoring which is
representative of the exposure for each employee in the workplace who is
exposed to lead.
(ii) Where the employer has previously monitored for lead exposure,
and the data were obtained within the past 12 months during work
operations conducted under workplace conditions closely resembling the
processes, type of material, control methods, work practices, and
environmental conditions used and prevailing in the employer's current
operations, the employer may rely on such earlier monitoring results to
satisfy the requirements of paragraph (d)(4)(i) of this section if the
sampling and analytical methods meet the accuracy and confidence levels
of paragraph (d)(10) of this section.
(5) Negative initial determination. Where a determination, conducted
under paragraphs (d) (1), (2), and (3) of this section is made that no
employee is exposed to airborne concentrations of lead at or above the
action level the employer shall make a written record of such
determination. The record shall
[[Page 88]]
include at least the information specified in paragraph (d)(3)(i) of
this section and shall also include the date of determination, location
within the worksite, and the name and social security number of each
employee monitored.
(6) Frequency. (i) If the initial determination reveals employee
exposure to be below the action level further exposure determination
need not be repeated except as otherwise provided in paragraph (d)(7) of
this section.
(ii) If the initial determination or subsequent determination
reveals employee exposure to be at or above the action level but at or
below the PEL the employer shall perform monitoring in accordance with
this paragraph at least every 6 months. The employer shall continue
monitoring at the required frequency until at least two consecutive
measurements, taken at least 7 days apart, are below the action level at
which time the employer may discontinue monitoring for that employee
except as otherwise provided in paragraph (d)(7) of this section.
(iii) If the initial determination reveals that employee exposure is
above the PEL the employer shall perform monitoring quarterly. The
employer shall continue monitoring at the required frequency until at
least two consecutive measurements, taken at least 7 days apart, are at
or below the PEL but at or above the action level at which time the
employer shall repeat monitoring for that employee at the frequency
specified in paragraph (d)(6)(ii) of this section, except as otherwise
provided in paragraph (d)(7) of this section. The employer shall
continue monitoring at the required frequency until at least two
consecutive measurements, taken at least 7 days apart, are below the
action level at which time the employer may discontinue monitoring for
that employee except as otherwise provided in paragraph (d)(7) of this
section.
(7) Additional exposure assessments. Whenever there has been a
change of equipment, process, control, personnel or a new task has been
initiated that may result in additional employees being exposed to lead
at or above the action level or may result in employees already exposed
at or above the action level being exposed above the PEL, the employer
shall conduct additional monitoring in accordance with this paragraph.
(8) Employee notification. (i) Within 5 working days after
completion of the exposure assessment the employer shall notify each
employee in writing of the results which represent that employee's
exposure.
(ii) Whenever the results indicate that the representative employee
exposure, without regard to respirators, is at or above the PEL the
employer shall include in the written notice a statement that the
employees exposure was at or above that level and a description of the
corrective action taken or to be taken to reduce exposure to below that
level.
(9) Accuracy of measurement. The employer shall use a method of
monitoring and analysis which has an accuracy (to a confidence level of
95%) of not less than plus or minus 25 percent for airborne
concentrations of lead equal to or greater than 30g/m\3\.
(e) Methods of compliance. (1) Engineering and work practice
controls. The employer shall implement engineering and work practice
controls, including administrative controls, to reduce and maintain
employee exposure to lead to or below the permissible exposure limit to
the extent that such controls are feasible. Wherever all feasible
engineering and work practices controls that can be instituted are not
sufficient to reduce employee exposure to or below the permissible
exposure limit prescribed in paragraph (c) of this section, the employer
shall nonetheless use them to reduce employee exposure to the lowest
feasible level and shall supplement them by the use of respiratory
protection that complies with the requirements of paragraph (f) of this
section.
(2) Compliance program. (i) Prior to commencement of the job each
employer shall establish and implement a written compliance program to
achieve compliance with paragraph (c) of this section.
(ii) Written plans for these compliance programs shall include at
least the following:
(A) A description of each activity in which lead is emitted; e.g.
equipment
[[Page 89]]
used, material involved, controls in place, crew size, employee job
responsibilities, operating procedures and maintenance practices;
(B) A description of the specific means that will be employed to
achieve compliance and, where engineering controls are required
engineering plans and studies used to determine methods selected for
controlling exposure to lead;
(C) A report of the technology considered in meeting the PEL;
(D) Air monitoring data which documents the source of lead
emissions;
(E) A detailed schedule for implementation of the program, including
documentation such as copies of purchase orders for equipment,
construction contracts, etc.;
(F) A work practice program which includes items required under
paragraphs (g), (h) and (i) of this section and incorporates other
relevant work practices such as those specified in paragraph (e)(5) of
this section;
(G) An administrative control schedule required by paragraph (e)(4)
of this section, if applicable;
(H) A description of arrangements made among contractors on multi-
contractor sites with respect to informing affected employees of
potential exposure to lead and with respect to responsibility for
compliance with this section as set-forth in Sec. 1926.16.
(I) Other relevant information.
(iii) The compliance program shall provide for frequent and regular
inspections of job sites, materials, and equipment to be made by a
competent person.
(iv) Written programs shall be submitted upon request to any
affected employee or authorized employee representatives, to the
Assistant Secretary and the Director, and shall be available at the
worksite for examination and copying by the Assistant Secretary and the
Director.
(v) Written programs shall be revised and updated at least every 6
months to reflect the current status of the program.
(3) Mechanical ventilation. When ventilation is used to control lead
exposure, the employer shall evaluate the mechanical performance of the
system in controlling exposure as necessary to maintain its
effectiveness.
(4) Administrative controls. If administrative controls are used as
a means of reducing employees TWA exposure to lead, the employer shall
establish and implement a job rotation schedule which includes:
(i) Name or identification number of each affected employee;
(ii) Duration and exposure levels at each job or work station where
each affected employee is located; and
(iii) Any other information which may be useful in assessing the
reliability of administrative controls to reduce exposure to lead.
(5) The employer shall ensure that, to the extent relevant,
employees follow good work practices such as described in Appendix B of
this section.
(f) Respiratory protection--(1) General. Where the use of
respirators is required under this section the employer shall provide,
at no cost to the employee, and assure the use of respirators which
comply with the requirements of this paragraph. Respirators shall be
used in the following circumstances:
(i) Whenever an employee's exposure to lead exceeds the PEL;
(ii) In work situations in which engineering controls and work
practices are not sufficient to reduce exposures to or below the PEL;
(iii) Whenever an employee requests a respirator; and
(iv) An interim protection for employees performing tasks as
specified in paragraph (d)(2) of this section.
(2) Respirator selection. (i) Where respirators are used under this
section the employer shall select the appropriate respirator or
combination of respirators from Table I below.
(ii) The employer shall provide a powered, air-purifying respirator
in lieu of the respirator specified in Table I whenever:
(A) An employee chooses to use this type of respirator; and
(B) This respirator will provide adequate protection to the
employee.
(iii) The employer shall select respirators from among those
approved for protection against lead dust, fume, and mist by the Mine
Safety and
[[Page 90]]
Health Administration and the National Institute for Occupational Safety
and Health (NIOSH) under the provisions of 30 CFR part 11.
Table I.--Respiratory Protection for Lead Aerosols
------------------------------------------------------------------------
Airborne concentration of lead or
condition of use Required respirator \1\
------------------------------------------------------------------------
Not in excess of 500 g/m \3\..... \1/2\ mask air
purifying respirator with
high efficiency
filters.\2\, \3\
\1/2\ mask supplied
air respirator operated in
demand (negative pressure)
mode.
Not in excess of 1,250 g/m\3\.... Loose fitting hood
or helmet powered air
purifying respirator with
high efficiency filters.\3\
Hood or helmet
supplied air respirator
operated in a continuous-
flow mode--e.g., type CE
abrasive blasting
respirators operated in a
continuous-flow mode.
Not in excess of 2,500 g/m \3\... Full facepiece air
purifying respirator with
high efficiency filters.\3\
Tight fitting
powered air purifying
respirator with high
efficiency filters.\3\
Full facepiece
supplied air respirator
operated in demand mode.
\1/2\ mask or full
facepiece supplied air
respirator operated in a
continuous-flow mode.
Full facepiece self-
contained breathing
apparatus (SCBA) operated
in demand mode.
Not in excess of 50,000 g/m\3\... \1/2\ mask supplied
air respirator operated in
pressure demand or other
positive-pressure mode.
Not in excess of 100,000 g/m \3\. Full facepiece
supplied air respirator
operated in pressure demand
or other positive-pressure
mode--e.g., type CE
abrasive blasting
respirators operated in a
positive-pressure mode.
Greater than 100,000 g/m\3\ Full facepiece SCBA
unknown concentration, or fire fighting. operated in pressure demand
or other positive-pressure
mode.
------------------------------------------------------------------------
\1\ Respirators specified for higher concentrations can be used at lower
concentrations of lead.
\2\ Full facepiece is required if the lead aerosols cause eye or skin
irritation at the use concentrations.
\3\ A high efficiency particulate filter (HEPA) means a filter that is
99.97 percent efficient against particles of 0.3 micron size or
larger.
(3) Respirator usage. (i) The employer shall assure that the
respirator issued to the employee exhibits minimum facepiece leakage and
that the respirator is fitted properly.
(ii) Employers shall perform either quantitative or qualitative face
fit tests at the time of initial fitting and at least every six months
thereafter for each employee wearing negative pressure respirators. The
qualitative fit tests may be used only for testing the fit of half-mask
respirators where they are permitted to be worn, and shall be conducted
in accordance with appendix D of this section. The tests shall be used
to select facepieces that provide the required protection as prescribed
in Table I.
(iii) If an employee exhibits difficulty in breathing during the
fitting test or during use, the employer shall make available to the
employee an examination in accordance with paragraph (j)(3)(i)(B) of
this section to determine whether the employee can wear a respirator
while performing the required duty.
(4) Respirator program. (i) The employer shall institute a
respiratory protection program in accordance with 29 CFR 1910.134 (b),
(d), (e) and (f).
(ii) The employer shall permit each employee who uses a filter
respirator to change the filter elements whenever an increase in
breathing resistance is detected and shall maintain an adequate supply
of filter elements for this purpose.
(iii) Employees who wear respirators shall be permitted to leave
work areas to wash their face and respirator facepiece whenever
necessary to prevent skin irritation associated with respirator use.
(g) Protective work clothing and equipment--(1) Provision and use.
Where an employee is exposed to lead above the PEL without regard to the
use of respirators, where employees are exposed to lead compounds which
may cause skin or eye irritation (e.g. lead arsenate, lead azide), and
as interim protection for employees performing tasks as specified in
paragraph (d)(2) of this section, the employer shall provide at no cost
to the employee and assure that the employee uses appropriate protective
work clothing and equipment that prevents contamination of the employee
and the employee's garments such as, but not limited to:
(i) Coveralls or similar full-body work clothing;
[[Page 91]]
(ii) Gloves, hats, and shoes or disposable shoe coverlets; and
(iii) Face shields, vented goggles, or other appropriate protective
equipment which complies with Sec. 1910.133 of this chapter.
(2) Cleaning and replacement. (i) The employer shall provide the
protective clothing required in paragraph (g)(1) of this section in a
clean and dry condition at least weekly, and daily to employees whose
exposure levels without regard to a respirator are over 200 g/
m3 of lead as an 8-hour TWA.
(ii) The employer shall provide for the cleaning, laundering, and
disposal of protective clothing and equipment required by paragraph
(g)(1) of this section.
(iii) The employer shall repair or replace required protective
clothing and equipment as needed to maintain their effectiveness.
(iv) The employer shall assure that all protective clothing is
removed at the completion of a work shift only in change areas provided
for that purpose as prescribed in paragraph (i)(2) of this section.
(v) The employer shall assure that contaminated protective clothing
which is to be cleaned, laundered, or disposed of, is placed in a closed
container in the change area which prevents dispersion of lead outside
the container.
(vi) The employer shall inform in writing any person who cleans or
launders protective clothing or equipment of the potentially harmful
effects of exposure to lead.
(vii) The employer shall assure that the containers of contaminated
protective clothing and equipment required by paragraph (g)(2)(v) of
this section are labeled as follows:
Caution: Clothing contaminated with lead. Do not remove dust by
blowing or shaking. Dispose of lead contaminated wash water in
accordance with applicable local, state, or federal regulations.
(viii) The employer shall prohibit the removal of lead from
protective clothing or equipment by blowing, shaking, or any other means
which disperses lead into the air.
(h) Housekeeping--(1) All surfaces shall be maintained as free as
practicable of accumulations of lead.
(2) Clean-up of floors and other surfaces where lead accumulates
shall wherever possible, be cleaned by vacuuming or other methods that
minimize the likelihood of lead becoming airborne.
(3) Shoveling, dry or wet sweeping, and brushing may be used only
where vacuuming or other equally effective methods have been tried and
found not to be effective.
(4) Where vacuuming methods are selected, the vacuums shall be
equipped with HEPA filters and used and emptied in a manner which
minimizes the reentry of lead into the workplace.
(5) Compressed air shall not be used to remove lead from any surface
unless the compressed air is used in conjunction with a ventilation
system designed to capture the airborne dust created by the compressed
air.
(i) Hygiene facilities and practices. (1) The employer shall assure
that in areas where employees are exposed to lead above the PEL without
regard to the use of respirators, food or beverage is not present or
consumed, tobacco products are not present or used, and cosmetics are
not applied.
(2) Change areas. (i) The employer shall provide clean change areas
for employees whose airborne exposure to lead is above the PEL, and as
interim protection for employees performing tasks as specified in
paragraph (d)(2) of this section, without regard to the use of
respirators.
(ii) The employer shall assure that change areas are equipped with
separate storage facilities for protective work clothing and equipment
and for street clothes which prevent cross-contamination.
(iii) The employer shall assure that employees do not leave the
workplace wearing any protective clothing or equipment that is required
to be worn during the work shift.
(3) Showers. (i) The employer shall provide shower facilities, where
feasible, for use by employees whose airborne exposure to lead is above
the PEL.
(ii) The employer shall assure, where shower facilities are
available, that employees shower at the end of the
[[Page 92]]
work shift and shall provide an adequate supply of cleansing agents and
towels for use by affected employees.
(4) Eating facilities. (i) The employer shall provide lunchroom
facilities or eating areas for employees whose airborne exposure to lead
is above the PEL, without regard to the use of respirators.
(ii) The employer shall assure that lunchroom facilities or eating
areas are as free as practicable from lead contamination and are readily
accessible to employees.
(iii) The employer shall assure that employees whose airborne
exposure to lead is above the PEL, without regard to the use of a
respirator, wash their hands and face prior to eating, drinking, smoking
or applying cosmetics.
(iv) The employer shall assure that employees do not enter lunchroom
facilities or eating areas with protective work clothing or equipment
unless surface lead dust has been removed by vacuuming, downdraft booth,
or other cleaning method that limits dispersion of lead dust.
(5) Hand washing facilities. (i) The employer shall provide adequate
handwashing facilities for use by employees exposed to lead in
accordance with 29 CFR 1926.51(f).
(ii) Where showers are not provided the employer shall assure that
employees wash their hands and face at the end of the work-shift.
(j) Medical surveillance--(1) General. (i) The employer shall make
available initial medical surveillance to employees occupationally
exposed on any day to lead at or above the action level. Initial medical
surveillance consists of biological monitoring in the form of blood
sampling and analysis for lead and zinc protoporphyrin levels.
(ii) The employer shall institute a medical surveillance program in
accordance with paragraphs (j)(2) and (j)(3) of this section for all
employees who are or may be exposed by the employer at or above the
action level for more than 30 days in any consecutive 12 months;
(iii) The employer shall assure that all medical examinations and
procedures are performed by or under the supervision of a licensed
physician.
(iv) The employer shall make available the required medical
surveillance including multiple physician review under paragraph
(j)(3)(iii) without cost to employees and at a reasonable time and
place.
(2) Biological monitoring--(i) Blood lead and ZPP level sampling and
analysis. The employer shall make available biological monitoring in the
form of blood sampling and analysis for lead and zinc protoporphyrin
levels to each employee covered under paragraphs (j)(1)(i) and (ii) of
this section on the following schedule:
(A) For each employee covered under paragraph (j)(1)(ii) of this
section, at least every 2 months for the first 6 months and every 6
months thereafter;
(B) For each employee covered under paragraphs (j)(1) (i) or (ii) of
this section whose last blood sampling and analysis indicated a blood
lead level at or above 40 g/dl, at least every two months. This
frequency shall continue until two consecutive blood samples and
analyses indicate a blood lead level below 40 g/dl; and
(C) For each employee who is removed from exposure to lead due to an
elevated blood lead level at least monthly during the removal period.
(ii) Follow-up blood sampling tests. Whenever the results of a blood
lead level test indicate that an employee's blood lead level exceeds the
numerical criterion for medical removal under paragraph (k)(1)(i) of
this section, the employer shall provide a second (follow-up) blood
sampling test within two weeks after the employer receives the results
of the first blood sampling test.
(iii) Accuracy of blood lead level sampling and analysis. Blood lead
level sampling and analysis provided pursuant to this section shall have
an accuracy (to a confidence level of 95 percent) within plus or minus
15 percent or 6 g/dl, whichever is greater, and shall be
conducted by a laboratory approved by OSHA.
(iv) Employee notification. (A) Within five working days after the
receipt of biological monitoring results, the employer shall notify each
employee in writing of his or her blood lead level; and
[[Page 93]]
(B) The employer shall notify each employee whose blood lead level
exceeds 40 g/dl that the standard requires temporary medical
removal with Medical Removal Protection benefits when an employee's
blood lead level exceeds the numerical criterion for medical removal
under paragraph (k)(1)(i) of this section.
(3) Medical examinations and consultations--(i) Frequency. The
employer shall make available medical examinations and consultations to
each employee covered under paragraph (j)(1)(ii) of this section on the
following schedule:
(A) At least annually for each employee for whom a blood sampling
test conducted at any time during the preceding 12 months indicated a
blood lead level at or above 40 g/dl;
(B) As soon as possible, upon notification by an employee either
that the employee has developed signs or symptoms commonly associated
with lead intoxication, that the employee desires medical advice
concerning the effects of current or past exposure to lead on the
employee's ability to procreate a healthy child, that the employee is
pregnant, or that the employee has demonstrated difficulty in breathing
during a respirator fitting test or during use; and
(C) As medically appropriate for each employee either removed from
exposure to lead due to a risk of sustaining material impairment to
health, or otherwise limited pursuant to a final medical determination.
(ii) Content. The content of medical examinations made available
pursuant to paragraph (j)(3)(i)(B)-(C) of this section shall be
determined by an examining physician and, if requested by an employee,
shall include pregnancy testing or laboratory evaluation of male
fertility. Medical examinations made available pursuant to paragraph
(j)(3)(i)(A) of this section shall include the following elements:
(A) A detailed work history and a medical history, with particular
attention to past lead exposure (occupational and non-occupational),
personal habits (smoking, hygiene), and past gastrointestinal,
hematologic, renal, cardiovascular, reproductive and neurological
problems;
(B) A thorough physical examination, with particular attention to
teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and
neurological systems. Pulmonary status should be evaluated if
respiratory protection will be used;
(C) A blood pressure measurement;
(D) A blood sample and analysis which determines:
(1) Blood lead level;
(2) Hemoglobin and hematocrit determinations, red cell indices, and
examination of peripheral smear morphology;
(3) Zinc protoporphyrin;
(4) Blood urea nitrogen; and,
(5) Serum creatinine;
(E) A routine urinalysis with microscopic examination; and
(F) Any laboratory or other test relevant to lead exposure which the
examining physician deems necessary by sound medical practice.
(iii) Multiple physician review mechanism. (A) If the employer
selects the initial physician who conducts any medical examination or
consultation provided to an employee under this section, the employee
may designate a second physician:
(1) To review any findings, determinations or recommendations of the
initial physician; and
(2) To conduct such examinations, consultations, and laboratory
tests as the second physician deems necessary to facilitate this review.
(B) The employer shall promptly notify an employee of the right to
seek a second medical opinion after each occasion that an initial
physician conducts a medical examination or consultation pursuant to
this section. The employer may condition its participation in, and
payment for, the multiple physician review mechanism upon the employee
doing the following within fifteen (15) days after receipt of the
foregoing notification, or receipt of the initial physician's written
opinion, whichever is later:
(1) The employee informing the employer that he or she intends to
seek a second medical opinion, and
(2) The employee initiating steps to make an appointment with a
second physician.
[[Page 94]]
(C) If the findings, determinations or recommendations of the second
physician differ from those of the initial physician, then the employer
and the employee shall assure that efforts are made for the two
physicians to resolve any disagreement.
(D) If the two physicians have been unable to quickly resolve their
disagreement, then the employer and the employee through their
respective physicians shall designate a third physician:
(1) To review any findings, determinations or recommendations of the
prior physicians; and
(2) To conduct such examinations, consultations, laboratory tests
and discussions with the prior physicians as the third physician deems
necessary to resolve the disagreement of the prior physicians.
(E) The employer shall act consistent with the findings,
determinations and recommendations of the third physician, unless the
employer and the employee reach an agreement which is otherwise
consistent with the recommendations of at least one of the three
physicians.
(iv) Information provided to examining and consulting physicians.
(A) The employer shall provide an initial physician conducting a medical
examination or consultation under this section with the following
information:
(1) A copy of this regulation for lead including all Appendices;
(2) A description of the affected employee's duties as they relate
to the employee's exposure;
(3) The employee's exposure level or anticipated exposure level to
lead and to any other toxic substance (if applicable);
(4) A description of any personal protective equipment used or to be
used;
(5) Prior blood lead determinations; and
(6) All prior written medical opinions concerning the employee in
the employer's possession or control.
(B) The employer shall provide the foregoing information to a second
or third physician conducting a medical examination or consultation
under this section upon request either by the second or third physician,
or by the employee.
(v) Written medical opinions. (A) The employer shall obtain and
furnish the employee with a copy of a written medical opinion from each
examining or consulting physician which contains only the following
information:
(1) The physician's opinion as to whether the employee has any
detected medical condition which would place the employee at increased
risk of material impairment of the employee's health from exposure to
lead;
(2) Any recommended special protective measures to be provided to
the employee, or limitations to be placed upon the employee's exposure
to lead;
(3) Any recommended limitation upon the employee's use of
respirators, including a determination of whether the employee can wear
a powered air purifying respirator if a physician determines that the
employee cannot wear a negative pressure respirator; and
(4) The results of the blood lead determinations.
(B) The employer shall instruct each examining and consulting
physician to:
(1) Not reveal either in the written opinion or orally, or in any
other means of communication with the employer, findings, including
laboratory results, or diagnoses unrelated to an employee's occupational
exposure to lead; and
(2) Advise the employee of any medical condition, occupational or
nonoccupational, which dictates further medical examination or
treatment.
(vi) Alternate physician determination mechanisms. The employer and
an employee or authorized employee representative may agree upon the use
of any alternate physician determination mechanism in lieu of the
multiple physician review mechanism provided by paragraph (j)(3)(iii) of
this section so long as the alternate mechanism is as expeditious and
protective as the requirements contained in this paragraph.
(4) Chelation. (i) The employer shall assure that any person whom he
retains, employs, supervises or controls does not engage in prophylactic
chelation of any employee at any time.
(ii) If therapeutic or diagnostic chelation is to be performed by
any person in paragraph (j)(4)(i) of this section,
[[Page 95]]
the employer shall assure that it be done under the supervision of a
licensed physician in a clinical setting with thorough and appropriate
medical monitoring and that the employee is notified in writing prior to
its occurrence.
(k) Medical removal protection--(1) Temporary medical removal and
return of an employee--(i) Temporary removal due to elevated blood lead
level. The employer shall remove an employee from work having an
exposure to lead at or above the action level on each occasion that a
periodic and a follow-up blood sampling test conducted pursuant to this
section indicate that the employee's blood lead level is at or above 50
g/dl; and,
(ii) Temporary removal due to a final medical determination. (A) The
employer shall remove an employee from work having an exposure to lead
at or above the action level on each occasion that a final medical
determination results in a medical finding, determination, or opinion
that the employee has a detected medical condition which places the
employee at increased risk of material impairment to health from
exposure to lead.
(B) For the purposes of this section, the phrase final medical
determination means the written medical opinion on the employees' health
status by the examining physician or, where relevant, the outcome of the
multiple physician review mechanism or alternate medical determination
mechanism used pursuant to the medical surveillance provisions of this
section.
(C) Where a final medical determination results in any recommended
special protective measures for an employee, or limitations on an
employee's exposure to lead, the employer shall implement and act
consistent with the recommendation.
(iii) Return of the employee to former job status. (A) The employer
shall return an employee to his or her former job status:
(1) For an employee removed due to a blood lead level at or above 50
g/dl when two consecutive blood sampling tests indicate that
the employee's blood lead level is at or below 40 g/dl;
(2) For an employee removed due to a final medical determination,
when a subsequent final medical determination results in a medical
finding, determination, or opinion that the employee no longer has a
detected medical condition which places the employee at increased risk
of material impairment to health from exposure to lead.
(B) For the purposes of this section, the requirement that an
employer return an employee to his or her former job status is not
intended to expand upon or restrict any rights an employee has or would
have had, absent temporary medical removal, to a specific job
classification or position under the terms of a collective bargaining
agreement.
(iv) Removal of other employee special protective measure or
limitations. The employer shall remove any limitations placed on an
employee or end any special protective measures provided to an employee
pursuant to a final medical determination when a subsequent final
medical determination indicates that the limitations or special
protective measures are no longer necessary.
(v) Employer options pending a final medical determination. Where
the multiple physician review mechanism, or alternate medical
determination mechanism used pursuant to the medical surveillance
provisions of this section, has not yet resulted in a final medical
determination with respect to an employee, the employer shall act as
follows:
(A) Removal. The employer may remove the employee from exposure to
lead, provide special protective measures to the employee, or place
limitations upon the employee, consistent with the medical findings,
determinations, or recommendations of any of the physicians who have
reviewed the employee's health status.
(B) Return. The employer may return the employee to his or her
former job status, end any special protective measures provided to the
employee, and remove any limitations placed upon the employee,
consistent with the medical findings, determinations, or recommendations
of any of the physicians who have reviewed the employee's health status,
with two exceptions.
(1) If the initial removal, special protection, or limitation of
the employee
[[Page 96]]
resulted from a final medical determination which differed from the
findings, determinations, or recommendations of the initial physician
or;
(2) If the employee has been on removal status for the preceding
eighteen months due to an elevated blood lead level, then the employer
shall await a final medical determination.
(2) Medical removal protection benefits--(i) Provision of medical
removal protection benefits. The employer shall provide an employee up
to eighteen (18) months of medical removal protection benefits on each
occasion that an employee is removed from exposure to lead or otherwise
limited pursuant to this section.
(ii) Definition of medical removal protection benefits. For the
purposes of this section, the requirement that an employer provide
medical removal protection benefits means that, as long as the job the
employee was removed from continues, the employer shall maintain the
total normal earnings, seniority and other employment rights and
benefits of an employee, including the employee's right to his or her
former job status as though the employee had not been medically removed
from the employee's job or otherwise medically limited.
(iii) Follow-up medical surveillance during the period of employee
removal or limitation. During the period of time that an employee is
medically removed from his or her job or otherwise medically limited,
the employer may condition the provision of medical removal protection
benefits upon the employee's participation in follow-up medical
surveillance made available pursuant to this section.
(iv) Workers' compensation claims. If a removed employee files a
claim for workers' compensation payments for a lead-related disability,
then the employer shall continue to provide medical removal protection
benefits pending disposition of the claim. To the extent that an award
is made to the employee for earnings lost during the period of removal,
the employer's medical removal protection obligation shall be reduced by
such amount. The employer shall receive no credit for workers'
compensation payments received by the employee for treatment- related
expenses.
(v) Other credits. The employer's obligation to provide medical
removal protection benefits to a removed employee shall be reduced to
the extent that the employee receives compensation for earnings lost
during the period of removal either from a publicly or employer-funded
compensation program, or receives income from employment with another
employer made possible by virtue of the employee's removal.
(vi) Voluntary removal or restriction of an employee. Where an
employer, although not required by this section to do so, removes an
employee from exposure to lead or otherwise places limitations on an
employee due to the effects of lead exposure on the employee's medical
condition, the employer shall provide medical removal protection
benefits to the employee equal to that required by paragraph (k)(2) (i)
and (ii) of this section.
(l) Employee information and training--(1) General. (i) The employer
shall communicate information concerning lead hazards according to the
requirements of OSHA's Hazard Communication Standard for the
construction industry, 29 CFR 1926.59, including but not limited to the
requirements concerning warning signs and labels, material safety data
sheets (MSDS), and employee information and training. In addition,
employers shall comply with the following requirements:
(ii) For all employees who are subject to exposure to lead at or
above the action level on any day or who are subject to exposure to lead
compounds which may cause skin or eye irritation (e.g. lead arsenate,
lead azide), the employer shall provide a training program in accordance
with paragraph (l)(2) of this section and assure employee participation.
(iii) The employer shall provide the training program as initial
training prior to the time of job assignment or prior to the start up
date for this requirement, whichever comes last.
(iv) The employer shall also provide the training program at least
annually for each employee who is subject to lead exposure at or above
the action level on any day.
[[Page 97]]
(2) Training program. The employer shall assure that each employee
is trained in the following:
(i) The content of this standard and its appendices;
(ii) The specific nature of the operations which could result in
exposure to lead above the action level;
(iii) The purpose, proper selection, fitting, use, and limitations
of respirators;
(iv) The purpose and a description of the medical surveillance
program, and the medical removal protection program including
information concerning the adverse health effects associated with
excessive exposure to lead (with particular attention to the adverse
reproductive effects on both males and females and hazards to the fetus
and additional precautions for employees who are pregnant);
(v) The engineering controls and work practices associated with the
employee's job assignment including training of employees to follow
relevant good work practices described in Appendix B of this section;
(vi) The contents of any compliance plan in effect;
(vii) Instructions to employees that chelating agents should not
routinely be used to remove lead from their bodies and should not be
used at all except under the direction of a licensed physician; and
(viii) The employee's right of access to records under 29 CFR
1910.20.
(3) Access to information and training materials. (i) The employer
shall make readily available to all affected employees a copy of this
standard and its appendices.
(ii) The employer shall provide, upon request, all materials
relating to the employee information and training program to affected
employees and their designated representatives, and to the Assistant
Secretary and the Director.
(m) Signs--(1) General. (i) The employer may use signs required by
other statutes, regulations or ordinances in addition to, or in
combination with, signs required by this paragraph.
(ii) The employer shall assure that no statement appears on or near
any sign required by this paragraph which contradicts or detracts from
the meaning of the required sign.
(2) Signs. (i) The employer shall post the following warning signs
in each work area where an employees exposure to lead is above the PEL.
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
(ii) The employer shall assure that signs required by this paragraph
are illuminated and cleaned as necessary so that the legend is readily
visible.
(n) Recordkeeping--(1) Exposure assessment. (i) The employer shall
establish and maintain an accurate record of all monitoring and other
data used in conducting employee exposure assessments as required in
paragraph (d) of this section.
(ii) Exposure monitoring records shall include:
(A) The date(s), number, duration, location and results of each of
the samples taken if any, including a description of the sampling
procedure used to determine representative employee exposure where
applicable;
(B) A description of the sampling and analytical methods used and
evidence of their accuracy;
(C) The type of respiratory protective devices worn, if any;
(D) Name, social security number, and job classification of the
employee monitored and of all other employees whose exposure the
measurement is intended to represent; and
(E) The environmental variables that could affect the measurement of
employee exposure.
(iii) The employer shall maintain monitoring and other exposure
assessment records in accordance with the provisions of 29 CFR 1910.20.
(2) Medical surveillance. (i) The employer shall establish and
maintain an accurate record for each employee subject to medical
surveillance as required by paragraph (j) of this section.
(ii) This record shall include:
(A) The name, social security number, and description of the duties
of the employee;
(B) A copy of the physician's written opinions;
[[Page 98]]
(C) Results of any airborne exposure monitoring done on or for that
employee and provided to the physician; and
(D) Any employee medical complaints related to exposure to lead.
(iii) The employer shall keep, or assure that the examining
physician keeps, the following medical records:
(A) A copy of the medical examination results including medical and
work history required under paragraph (j) of this section;
(B) A description of the laboratory procedures and a copy of any
standards or guidelines used to interpret the test results or references
to that information;
(C) A copy of the results of biological monitoring.
(iv) The employer shall maintain or assure that the physician
maintains medical records in accordance with the provisions of 29 CFR
1910.20.
(3) Medical removals. (i) The employer shall establish and maintain
an accurate record for each employee removed from current exposure to
lead pursuant to paragraph (k) of this section.
(ii) Each record shall include:
(A) The name and social security number of the employee;
(B) The date of each occasion that the employee was removed from
current exposure to lead as well as the corresponding date on which the
employee was returned to his or her former job status;
(C) A brief explanation of how each removal was or is being
accomplished; and
(D) A statement with respect to each removal indicating whether or
not the reason for the removal was an elevated blood lead level.
(iii) The employer shall maintain each medical removal record for at
least the duration of an employee's employment.
(4) Objective data for exemption from requirement for initial
monitoring. (i) For purposes of this section, objective data are
information demonstrating that a particular product or material
containing lead or a specific process, operation, or activity involving
lead cannot release dust or fumes in concentrations at or above the
action level under any expected conditions of use. Objective data can be
obtained from an industry-wide study or from laboratory product test
results from manufacturers of lead containing products or materials. The
data the employer uses from an industry-wide survey must be obtained
under workplace conditions closely resembling the processes, types of
material, control methods, work practices and environmental conditions
in the employer's current operations.
(ii) The employer shall maintain the record of the objective data
relied upon for at least 30 years.
(5) Availability. The employer shall make available upon request all
records required to be maintained by paragraph (n) of this section to
affected employees, former employees, and their designated
representatives, and to the Assistant Secretary and the Director for
examination and copying.
(6) Transfer of records. (i) Whenever the employer ceases to do
business, the successor employer shall receive and retain all records
required to be maintained by paragraph (n) of this section.
(ii) Whenever the employer ceases to do business and there is no
successor employer to receive and retain the records required to be
maintained by this section for the prescribed period, these records
shall be transmitted to the Director.
(iii) At the expiration of the retention period for the records
required to be maintained by this section, the employer shall notify the
Director at least 3 months prior to the disposal of such records and
shall transmit those records to the Director if requested within the
period.
(iv) The employer shall also comply with any additional requirements
involving transfer of records set forth in 29 CFR 1910.20(h).
(o) Observation of monitoring. (1) Employee observation. The
employer shall provide affected employees or their designated
representatives an opportunity to observe any monitoring of employee
exposure to lead conducted pursuant to paragraph (d) of this section.
(2) Observation procedures. (i) Whenever observation of the
monitoring of employee exposure to lead requires
[[Page 99]]
entry into an area where the use of respirators, protective clothing or
equipment is required, the employer shall provide the observer with and
assure the use of such respirators, clothing and equipment, and shall
require the observer to comply with all other applicable safety and
health procedures.
(ii) Without interfering with the monitoring, observers shall be
entitled to:
(A) Receive an explanation of the measurement procedures;
(B) Observe all steps related to the monitoring of lead performed at
the place of exposure; and
(C) Record the results obtained or receive copies of the results
when returned by the laboratory.
(p) Effective date. This standard (Sec. 1926.62) shall become
effective June 3, 1993.
(q) Appendices. The information contained in the appendices to this
section is not intended by itself, to create any additional obligations
not otherwise imposed by this standard nor detract from any existing
obligation.
(r) Startup dates. (1) The requirements of paragraphs (c) through
(o) of this section, including administrative controls and feasible work
practice controls, but not including engineering controls specified in
paragraph (e)(1) of this section, shall be complied with as soon as
possible, but no later than 60 days from the effective date of this
section.
(2) Feasible engineering controls specified by paragraph (e)(1) of
this section shall be implemented as soon as possible, but no later than
120 days from the effective date of this section.
Appendix A to Sec. 1926.62--Substance Data Sheet for Occupational
Exposure to Lead
I. Substance Identification
A. Substance: Pure lead (Pb) is a heavy metal at room temperature
and pressure and is a basic chemical element. It can combine with
various other substances to form numerous lead compounds.
B. Compounds covered by the standard: The word lead when used in
this interim final standard means elemental lead, all inorganic lead
compounds and a class of organic lead compounds called lead soaps. This
standard does not apply to other organic lead compounds.
C. Uses: Exposure to lead occurs in several different occupations in
the construction industry, including demolition or salvage of structures
where lead or lead-containing materials are present; removal or
encapsulation of lead-containing materials, new construction,
alteration, repair, or renovation of structures that contain lead or
materials containing lead; installation of products containing lead. In
addition, there are construction related activities where exposure to
lead may occur, including transportation, disposal, storage, or
containment of lead or materials containing lead on construction sites,
and maintenance operations associated with construction activities.
D. Permissible exposure: The permissible exposure limit (PEL) set by
the standard is 50 micrograms of lead per cubic meter of air (50
g/m3), averaged over an 8-hour workday.
E. Action level: The interim final standard establishes an action
level of 30 micrograms of lead per cubic meter of air (30 g/
m3), averaged over an 8-hour workday. The action level
triggers several ancillary provisions of the standard such as exposure
monitoring, medical surveillance, and training.
II. Health Hazard Data
A. Ways in which lead enters your body. When absorbed into your body
in certain doses, lead is a toxic substance. The object of the lead
standard is to prevent absorption of harmful quantities of lead. The
standard is intended to protect you not only from the immediate toxic
effects of lead, but also from the serious toxic effects that may not
become apparent until years of exposure have passed. Lead can be
absorbed into your body by inhalation (breathing) and ingestion
(eating). Lead (except for certain organic lead compounds not covered by
the standard, such as tetraethyl lead) is not absorbed through your
skin. When lead is scattered in the air as a dust, fume respiratory
tract. Inhalation of airborne lead is generally the most important
source of occupational lead absorption. You can also absorb lead through
your digestive system if lead gets into your mouth and is swallowed. If
you handle food, cigarettes, chewing tobacco, or make-up which have lead
on them or handle them with hands contaminated with lead, this will
contribute to ingestion. A significant portion of the lead that you
inhale or ingest gets into your blood stream. Once in your blood stream,
lead is circulated throughout your body and stored in various organs and
body tissues. Some of this lead is quickly filtered out of your body and
excreted, but some remains in the blood and other tissues. As exposure
to lead continues, the amount stored in your body will increase if you
are absorbing more lead than your body is excreting. Even though you may
not be aware of any immediate symptoms of disease, this
[[Page 100]]
lead stored in your tissues can be slowly causing irreversible damage,
first to individual cells, then to your organs and whole body systems.
B. Effects of overexposure to lead--(1) Short term (acute)
overexposure. Lead is a potent, systemic poison that serves no known
useful function once absorbed by your body. Taken in large enough doses,
lead can kill you in a matter of days. A condition affecting the brain
called acute encephalopathy may arise which develops quickly to
seizures, coma, and death from cardiorespiratory arrest. A short term
dose of lead can lead to acute encephalopathy. Short term occupational
exposures of this magnitude are highly unusual, but not impossible.
Similar forms of encephalopathy may, however, arise from extended,
chronic exposure to lower doses of lead. There is no sharp dividing line
between rapidly developing acute effects of lead, and chronic effects
which take longer to acquire. Lead adversely affects numerous body
systems, and causes forms of health impairment and disease which arise
after periods of exposure as short as days or as long as several years.
(2) Long-term (chronic) overexposure. Chronic overexposure to lead
may result in severe damage to your blood-forming, nervous, urinary and
reproductive systems. Some common symptoms of chronic overexposure
include loss of appetite, metallic taste in the mouth, anxiety,
constipation, nausea, pallor, excessive tiredness, weakness, insomnia,
headache, nervous irritability, muscle and joint pain or soreness, fine
tremors, numbness, dizziness, hyperactivity and colic. In lead colic
there may be severe abdominal pain. Damage to the central nervous system
in general and the brain (encephalopathy) in particular is one of the
most severe forms of lead poisoning. The most severe, often fatal, form
of encephalopathy may be preceded by vomiting, a feeling of dullness
progressing to drowsiness and stupor, poor memory, restlessness,
irritability, tremor, and convulsions. It may arise suddenly with the
onset of seizures, followed by coma, and death. There is a tendency for
muscular weakness to develop at the same time. This weakness may
progress to paralysis often observed as a characteristic ``wrist drop''
or ``foot drop'' and is a manifestation of a disease to the nervous
system called peripheral neuropathy. Chronic overexposure to lead also
results in kidney disease with few, if any, symptoms appearing until
extensive and most likely permanent kidney damage has occurred. Routine
laboratory tests reveal the presence of this kidney disease only after
about two-thirds of kidney function is lost. When overt symptoms of
urinary dysfunction arise, it is often too late to correct or prevent
worsening conditions, and progression to kidney dialysis or death is
possible. Chronic overexposure to lead impairs the reproductive systems
of both men and women. Overexposure to lead may result in decreased sex
drive, impotence and sterility in men. Lead can alter the structure of
sperm cells raising the risk of birth defects. There is evidence of
miscarriage and stillbirth in women whose husbands were exposed to lead
or who were exposed to lead themselves. Lead exposure also may result in
decreased fertility, and abnormal menstrual cycles in women. The course
of pregnancy may be adversely affected by exposure to lead since lead
crosses the placental barrier and poses risks to developing fetuses.
Children born of parents either one of whom were exposed to excess lead
levels are more likely to have birth defects, mental retardation,
behavioral disorders or die during the first year of childhood.
Overexposure to lead also disrupts the blood-forming system resulting in
decreased hemoglobin (the substance in the blood that carries oxygen to
the cells) and ultimately anemia. Anemia is characterized by weakness,
pallor and fatigability as a result of decreased oxygen carrying
capacity in the blood.
(3) Health protection goals of the standard. Prevention of adverse
health effects for most workers from exposure to lead throughout a
working lifetime requires that a worker's blood lead level (BLL, also
expressed as PbB) be maintained at or below forty micrograms per
deciliter of whole blood (40 g/dl). The blood lead levels of
workers (both male and female workers) who intend to have children
should be maintained below 30 g/dl to minimize adverse
reproductive health effects to the parents and to the developing fetus.
The measurement of your blood lead level (BLL) is the most useful
indicator of the amount of lead being absorbed by your body. Blood lead
levels are most often reported in units of milligrams (mg) or micrograms
(g) of lead (1 mg=1000 g) per 100 grams (100g), 100
milliliters (100 ml) or deciliter (dl) of blood. These three units are
essentially the same. Sometime BLLs are expressed in the form of mg% or
g%. This is a shorthand notation for 100g, 100 ml, or dl.
(References to BLL measurements in this standard are expressed in the
form of g/dl.)
BLL measurements show the amount of lead circulating in your blood
stream, but do not give any information about the amount of lead stored
in your various tissues. BLL measurements merely show current absorption
of lead, not the effect that lead is having on your body or the effects
that past lead exposure may have already caused. Past research into
lead-related diseases, however, has focused heavily on associations
between BLLs and various diseases. As a result, your BLL is an important
indicator of the likelihood that you will gradually acquire a lead-
related health impairment or disease.
Once your blood lead level climbs above 40 g/dl, your risk
of disease increases. There is
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a wide variability of individual response to lead, thus it is difficult
to say that a particular BLL in a given person will cause a particular
effect. Studies have associated fatal encephalopathy with BLLs as low as
150 g/dl. Other studies have shown other forms of diseases in
some workers with BLLs well below 80 g/dl. Your BLL is a
crucial indicator of the risks to your health, but one other factor is
also extremely important. This factor is the length of time you have had
elevated BLLs. The longer you have an elevated BLL, the greater the risk
that large quantities of lead are being gradually stored in your organs
and tissues (body burden). The greater your overall body burden, the
greater the chances of substantial permanent damage. The best way to
prevent all forms of lead-related impairments and diseases--both short
term and long term--is to maintain your BLL below 40 g/dl. The
provisions of the standard are designed with this end in mind.
Your employer has prime responsibility to assure that the provisions
of the standard are complied with both by the company and by individual
workers. You, as a worker, however, also have a responsibility to assist
your employer in complying with the standard. You can play a key role in
protecting your own health by learning about the lead hazards and their
control, learning what the standard requires, following the standard
where it governs your own actions, and seeing that your employer
complies with provisions governing his or her actions.
(4) Reporting signs and symptoms of health problems. You should
immediately notify your employer if you develop signs or symptoms
associated with lead poisoning or if you desire medical advice
concerning the effects of current or past exposure to lead or your
ability to have a healthy child. You should also notify your employer if
you have difficulty breathing during a respirator fit test or while
wearing a respirator. In each of these cases, your employer must make
available to you appropriate medical examinations or consultations.
These must be provided at no cost to you and at a reasonable time and
place. The standard contains a procedure whereby you can obtain a second
opinion by a physician of your choice if your employer selected the
initial physician.
Appendix B to Sec. 1926.62--Employee Standard Summary
This appendix summarizes key provisions of the interim final
standard for lead in construction that you as a worker should become
familiar with.
I. Permissible Exposure Limit (PEL)--Paragraph (C)
The standard sets a permissible exposure limit (PEL) of 50
micrograms of lead per cubic meter of air (50 g/m3),
averaged over an 8-hour workday which is referred to as a time-weighted
average (TWA). This is the highest level of lead in air to which you may
be permissibly exposed over an 8-hour workday. However, since this is an
8-hour average, short exposures above the PEL are permitted so long as
for each 8-hour work day your average exposure does not exceed this
level. This interim final standard, however, takes into account the fact
that your daily exposure to lead can extend beyond a typical 8-hour
workday as the result of overtime or other alterations in your work
schedule. To deal with this situation, the standard contains a formula
which reduces your permissible exposure when you are exposed more than 8
hours. For example, if you are exposed to lead for 10 hours a day, the
maximum permitted average exposure would be 40 g/m3.
II. Exposure Assessment--Paragraph (D)
If lead is present in your workplace in any quantity, your employer
is required to make an initial determination of whether any employee's
exposure to lead exceeds the action level (30 g/m3
averaged over an 8-hour day). Employee exposure is that exposure which
would occur if the employee were not using a respirator. This initial
determination requires your employer to monitor workers' exposures
unless he or she has objective data which can demonstrate conclusively
that no employee will be exposed to lead in excess of the action level.
Where objective data is used in lieu of actual monitoring the employer
must establish and maintain an accurate record, documenting its
relevancy in assessing exposure levels for current job conditions. If
such objective data is available, the employer need proceed no further
on employee exposure assessment until such time that conditions have
changed and the determination is no longer valid.
Objective data may be compiled from various sources, e.g., insurance
companies and trade associations and information from suppliers or
exposure data collected from similar operations. Objective data may also
comprise previously-collected sampling data including area monitoring.
If it cannot be determined through using objective data that worker
exposure is less than the action level, your employer must conduct
monitoring or must rely on relevant previous personal sampling, if
available. Where monitoring is required for the initial determination,
it may be limited to a representative number of employees who are
reasonably expected to have the highest exposure levels. If your
employer has conducted appropriate air sampling for lead in the past 12
months, he or she may use these results, provided they are applicable to
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the same employee tasks and exposure conditions and meet the
requirements for accuracy as specified in the standard. As with
objective data, if such results are relied upon for the initial
determination, your employer must establish and maintain a record as to
the relevancy of such data to current job conditions.
If there have been any employee complaints of symptoms which may be
attributable to exposure to lead or if there is any other information or
observations which would indicate employee exposure to lead, this must
also be considered as part of the initial determination.
If this initial determination shows that a reasonable possibility
exists that any employee may be exposed, without regard to respirators,
over the action level, your employer must set up an air monitoring
program to determine the exposure level representative of each employee
exposed to lead at your workplace. In carrying out this air monitoring
program, your employer is not required to monitor the exposure of every
employee, but he or she must monitor a representative number of
employees and job types. Enough sampling must be done to enable each
employee's exposure level to be reasonably represent full shift
exposure. In addition, these air samples must be taken under conditions
which represent each employee's regular, daily exposure to lead.
Sampling performed in the past 12 months may be used to determine
exposures above the action level if such sampling was conducted during
work activities essentially similar to present work conditions.
The standard lists certain tasks which may likely result in
exposures to lead in excess of the PEL and, in some cases, exposures in
excess of 50 times the PEL. If you are performing any of these tasks,
your employer must provide you with appropriate respiratory protection,
protective clothing and equipment, change areas, hand washing
facilities, biological monitoring, and training until such time that an
exposure assessment is conducted which demonstrates that your exposure
level is below the PEL.
If you are exposed to lead and air sampling is performed, your
employer is required to notify you in writing within 5 working days of
the air monitoring results which represent your exposure. If the results
indicate that your exposure exceeds the PEL (without regard to your use
of a respirator), then your employer must also notify you of this in
writing, and provide you with a description of the corrective action
that has been taken or will be taken to reduce your exposure.
Your exposure must be rechecked by monitoring, at least every six
months if your exposure is at or over the action level but below the
PEL. Your employer may discontinue monitoring for you if 2 consecutive
measurements, taken at least 7 days apart, are at or below the action
level. Air monitoring must be repeated every 3 months if you are exposed
over the PEL. Your employer must continue monitoring for you at this
frequency until 2 consecutive measurements, taken at least 7 days apart,
are below the PEL but above the action level, at which time your
employer must repeat monitoring of your exposure every six months and
may discontinue monitoring only after your exposure drops to or below
the action level. However, whenever there is a change of equipment,
process, control, or personnel or a new type of job is added at your
workplace which may result in new or additional exposure to lead, your
employer must perform additional monitoring.
III. Methods of Compliance--Paragraph (E)
Your employer is required to assure that no employee is exposed to
lead in excess of the PEL as an 8-hour TWA. The interim final standard
for lead in construction requires employers to institute engineering and
work practice controls including administrative controls to the extent
feasible to reduce employee exposure to lead. Where such controls are
feasible but not adequate to reduce exposures below the PEL they must be
used nonetheless to reduce exposures to the lowest level that can be
accomplished by these means and then supplemented with appropriate
respiratory protection.
Your employer is required to develop and implement a written
compliance program prior to the commencement of any job where employee
exposures may reach the PEL as an 8-hour TWA. The interim final standard
identifies the various elements that must be included in the plan. For
example, employers are required to include a description of operations
in which lead is emitted, detailing other relevant information about the
operation such as the type of equipment used, the type of material
involved, employee job responsibilities, operating procedures and
maintenance practices. In addition, your employer's compliance plan must
specify the means that will be used to achieve compliance and, where
engineering controls are required, include any engineering plans or
studies that have been used to select the control methods. If
administrative controls involving job rotation are used to reduce
employee exposure to lead, the job rotation schedule must be included in
the compliance plan. The plan must also detail the type of protective
clothing and equipment, including respirators, housekeeping and hygiene
practices that will be used to protect you from the adverse effects of
exposure to lead.
The written compliance program must be made available, upon request,
to affected employees and their designated representatives, the
Assistant Secretary and the Director.
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Finally, the plan must be reviewed and updated at least every 6
months to assure it reflects the current status in exposure control.
IV. Respiratory Protection--Paragraph (F)
Your employer is required to provide and assure your use of
respirators when your exposure to lead is not controlled below the PEL
by other means. The employer must pay the cost of the respirator.
Whenever you request one, your employer is also required to provide you
a respirator even if your air exposure level is not above the PEL. You
might desire a respirator when, for example, you have received medical
advice that your lead absorption should be decreased. Or, you may intend
to have children in the near future, and want to reduce the level of
lead in your body to minimize adverse reproductive effects. While
respirators are the least satisfactory means of controlling your
exposure, they are capable of providing significant protection if
properly chosen, fitted, worn, cleaned, maintained, and replaced when
they stop providing adequate protection.
Your employer is required to select respirators from the types
listed in Table I of the Respiratory Protection section of the standard.
Any respirator chosen must be approved by the Mine Safety and Health
Administration (MSHA) or the National Institute for Occupational Safety
and Health (NIOSH). This respirator selection table will enable your
employer to choose a type of respirator which will give you a proper
amount of protection based on your airborne lead exposure. Your employer
may select a type of respirator that provides greater protection than
that required by the standard; that is, one recommended for a higher
concentration of lead than is present in your workplace. For example, a
powered air purifying respirator (PAPR) is much more protective than a
typical negative pressure respirator, and may also be more comfortable
to wear. A PAPR has a filter, cartridge or canister to clean the air,
and a power source which continuously blows filtered air into your
breathing zone. Your employer might make a PAPR available to you to ease
the burden of having to wear a respirator for long periods of time. The
standard provides that you can obtain a PAPR upon request.
Your employer must also start a Respiratory Protection Program. This
program must include written procedures for the proper selection, use,
cleaning, storage, and maintenance of respirators.
Your employer must assure that your respirator facepiece fits
properly. Proper fit of a respirator facepiece is critical. Obtaining a
proper fit on each employee may require your employer to make available
two or three different mask types. In order to assure that your
respirator fits properly and that facepiece leakage is minimized, your
employer must give you either a qualitative fit test or a quantitative
fit test (if you use a negative pressure respirator) in accordance with
appendix D. Any respirator which has a filter, cartridge or canister
which cleans the work room air before you breathe it and which requires
the force of your inhalation to draw air through the filtering element
is a negative pressure respirator. A positive pressure respirator
supplies air to you directly. A quantitative fit test uses a
sophisticated machine to measure the amount, if any, of test material
that leaks into the facepiece of your respirator.
You must also receive from your employer proper training in the use
of respirators. Your employer is required to teach you how to wear a
respirator, to know why it is needed, and to understand its limitations.
Your employer must test the effectiveness of your negative pressure
respirator initially and at least every six months thereafter with a
``qualitative fit test.'' In this test, the fit of the facepiece is
checked by seeing if you can smell a substance placed outside the
respirator. If you can, there is appreciable leakage where the facepiece
meets your face.
The standard provides that if your respirator uses filter elements,
you must be given an opportunity to change the filter elements whenever
an increase in breathing resistance is detected. You also must be
permitted to periodically leave your work area to wash your face and
respirator facepiece whenever necessary to prevent skin irritation. If
you ever have difficulty in breathing during a fit test or while using a
respirator, your employer must make a medical examination available to
you to determine whether you can safely wear a respirator. The result of
this examination may be to give you a positive pressure respirator
(which reduces breathing resistance) or to provide alternative means of
protection.
V. Protective Work Clothing and Equipment--Paragraph (G)
If you are exposed to lead above the PEL as an 8-hour TWA, without
regard to your use of a respirator, or if you are exposed to lead
compounds such as lead arsenate or lead azide which can cause skin and
eye irritation, your employer must provide you with protective work
clothing and equipment appropriate for the hazard. If work clothing is
provided, it must be provided in a clean and dry condition at least
weekly, and daily if your airborne exposure to lead is greater than 200
g/m3. Appropriate protective work clothing and
equipment can include coveralls or similar full-body work clothing,
gloves, hats, shoes or disposable shoe coverlets, and face shields or
vented goggles. Your employer is required to provide all such equipment
at no cost to you. In addition, your employer is responsible for
providing repairs and replacement as necessary, and
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also is responsible for the cleaning, laundering or disposal of
protective clothing and equipment.
The interim final standard requires that your employer assure that
you follow good work practices when you are working in areas where your
exposure to lead may exceed the PEL. With respect to protective clothing
and equipment, where appropriate, the following procedures should be
observed prior to beginning work:
1. Change into work clothing and shoe covers in the clean section of
the designated changing areas;
2. Use work garments of appropriate protective gear, including
respirators before entering the work area; and
3. Store any clothing not worn under protective clothing in the
designated changing area.
Workers should follow these procedures upon leaving the work area:
1. HEPA vacuum heavily contaminated protective work clothing while
it is still being worn. At no time may lead be removed from protective
clothing by any means which result in uncontrolled dispersal of lead
into the air;
2. Remove shoe covers and leave them in the work area;
3. Remove protective clothing and gear in the dirty area of the
designated changing area. Remove protective coveralls by carefully
rolling down the garment to reduce exposure to dust.
4. Remove respirators last; and
5. Wash hands and face.
Workers should follow these procedures upon finishing work for the
day (in addition to procedures described above):
1. Where applicable, place disposal coveralls and shoe covers with
the abatement waste;
2. Contaminated clothing which is to be cleaned, laundered or
disposed of must be placed in closed containers in the change room.
3. Clean protective gear, including respirators, according to
standard procedures;
4. Wash hands and face again. If showers are available, take a
shower and wash hair. If shower facilities are not available at the work
site, shower immediately at home and wash hair.
VI. Housekeeping--Paragraph (H)
Your employer must establish a housekeeping program sufficient to
maintain all surfaces as free as practicable of accumulations of lead
dust. Vacuuming is the preferred method of meeting this requirement, and
the use of compressed air to clean floors and other surfaces is
generally prohibited unless removal with compressed air is done in
conjunction with ventilation systems designed to contain dispersal of
the lead dust. Dry or wet sweeping, shoveling, or brushing may not be
used except where vacuuming or other equally effective methods have been
tried and do not work. Vacuums must be used equipped with a special
filter called a high-efficiency particulate air (HEPA) filter and
emptied in a manner which minimizes the reentry of lead into the
workplace.
VII. Hygiene Facilities and Practices--Paragraph (I)
The standard requires that hand washing facilities be provided where
occupational exposure to lead occurs. In addition, change areas, showers
(where feasible), and lunchrooms or eating areas are to be made
available to workers exposed to lead above the PEL. Your employer must
assure that except in these facilities, food and beverage is not present
or consumed, tobacco products are not present or used, and cosmetics are
not applied, where airborne exposures are above the PEL. Change rooms
provided by your employer must be equipped with separate storage
facilities for your protective clothing and equipment and street clothes
to avoid cross-contamination. After showering, no required protective
clothing or equipment worn during the shift may be worn home. It is
important that contaminated clothing or equipment be removed in change
areas and not be worn home or you will extend your exposure and expose
your family since lead from your clothing can accumulate in your house,
car, etc.
Lunchrooms or eating areas may not be entered with protective
clothing or equipment unless surface dust has been removed by vacuuming,
downdraft booth, or other cleaning method. Finally, workers exposed
above the PEL must wash both their hands and faces prior to eating,
drinking, smoking or applying cosmetics.
All of the facilities and hygiene practices just discussed are
essential to minimize additional sources of lead absorption from
inhalation or ingestion of lead that may accumulate on you, your
clothes, or your possessions. Strict compliance with these provisions
can virtually eliminate several sources of lead exposure which
significantly contribute to excessive lead absorption.
VIII. Medical Surveillance--Paragraph (J)
The medical surveillance program is part of the standard's
comprehensive approach to the prevention of lead-related disease. Its
purpose is to supplement the main thrust of the standard which is aimed
at minimizing airborne concentrations of lead and sources of ingestion.
Only medical surveillance can determine if the other provisions of the
standard have affectively protected you as an individual. Compliance
with the standard's provision will protect most workers
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from the adverse effects of lead exposure, but may not be satisfactory
to protect individual workers (1) who have high body burdens of lead
acquired over past years, (2) who have additional uncontrolled sources
of non-occupational lead exposure, (3) who exhibit unusual variations in
lead absorption rates, or (4) who have specific non-work related medical
conditions which could be aggravated by lead exposure (e.g., renal
disease, anemia). In addition, control systems may fail, or hygiene and
respirator programs may be inadequate. Periodic medical surveillance of
individual workers will help detect those failures. Medical surveillance
will also be important to protect your reproductive ability-regardless
of whether you are a man or woman.
All medical surveillance required by the interim final standard must
be performed by or under the supervision of a licensed physician. The
employer must provide required medical surveillance without cost to
employees and at a reasonable time and place. The standard's medical
surveillance program has two parts--periodic biological monitoring and
medical examinations. Your employer's obligation to offer you medical
surveillance is triggered by the results of the air monitoring program.
Full medical surveillance must be made available to all employees who
are or may be exposed to lead in excess of the action level for more
than 30 days a year and whose blood lead level exceeds 40 g/dl.
Initial medical surveillance consisting of blood sampling and analysis
for lead and zinc protoporphyrin must be provided to all employees
exposed at any time (1 day) above the action level.
Biological monitoring under the standard must be provided at least
every 2 months for the first 6 months and every 6 months thereafter
until your blood lead level is below 40 g/dl. A zinc
protoporphyrin (ZPP) test is a very useful blood test which measures an
adverse metabolic effect of lead on your body and is therefore an
indicator of lead toxicity.
If your BLL exceeds 40 g/dl the monitoring frequency must
be increased from every 6 months to at least every 2 months and not
reduced until two consecutive BLLs indicate a blood lead level below 40
g/dl. Each time your BLL is determined to be over 40
g/dl, your employer must notify you of this in writing within
five working days of his or her receipt of the test results. The
employer must also inform you that the standard requires temporary
medical removal with economic protection when your BLL exceeds 50
g/dl. (See Discussion of Medical Removal Protection-Paragraph
(k).) Anytime your BLL exceeds 50 g/dl your employer must make
available to you within two weeks of receipt of these test results a
second follow-up BLL test to confirm your BLL. If the two tests both
exceed 50 g/dl, and you are temporarily removed, then your
employer must make successive BLL tests available to you on a monthly
basis during the period of your removal.
Medical examinations beyond the initial one must be made available
on an annual basis if your blood lead level exceeds 40 g/dl at
any time during the preceding year and you are being exposed above the
airborne action level of 30 g/m3 for 30 or more days
per year. The initial examination will provide information to establish
a baseline to which subsequent data can be compared.
An initial medical examination to consist of blood sampling and
analysis for lead and zinc protoporphyrin must also be made available
(prior to assignment) for each employee being assigned for the first
time to an area where the airborne concentration of lead equals or
exceeds the action level at any time. In addition, a medical examination
or consultation must be made available as soon as possible if you notify
your employer that you are experiencing signs or symptoms commonly
associated with lead poisoning or that you have difficulty breathing
while wearing a respirator or during a respirator fit test. You must
also be provided a medical examination or consultation if you notify
your employer that you desire medical advice concerning the effects of
current or past exposure to lead on your ability to procreate a healthy
child.
Finally, appropriate follow-up medical examinations or consultations
may also be provided for employees who have been temporarily removed
from exposure under the medical removal protection provisions of the
standard. (See Part IX, below.)
The standard specifies the minimum content of pre-assignment and
annual medical examinations. The content of other types of medical
examinations and consultations is left up to the sound discretion of the
examining physician. Pre-assignment and annual medical examinations must
include (1) a detailed work history and medical history; (2) a thorough
physical examination, including an evaluation of your pulmonary status
if you will be required to use a respirator; (3) a blood pressure
measurement; and (4) a series of laboratory tests designed to check your
blood chemistry and your kidney function. In addition, at any time upon
your request, a laboratory evaluation of male fertility will be made
(microscopic examination of a sperm sample), or a pregnancy test will be
given.
The standard does not require that you participate in any of the
medical procedures, tests, etc. which your employer is required to make
available to you. Medical surveillance can, however, play a very
important role in protecting your health. You are strongly encouraged,
therefore, to participate in a meaningful fashion. The standard contains
a multiple physician review mechanism which will give you a chance to
have a physician of your choice directly participate
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in the medical surveillance program. If you are dissatisfied with an
examination by a physician chosen by your employer, you can select a
second physician to conduct an independent analysis. The two doctors
would attempt to resolve any differences of opinion, and select a third
physician to resolve any firm dispute. Generally your employer will
choose the physician who conducts medical surveillance under the lead
standard-unless you and your employer can agree on the choice of a
physician or physicians. Some companies and unions have agreed in
advance, for example, to use certain independent medical laboratories or
panels of physicians. Any of these arrangements are acceptable so long
as required medical surveillance is made available to workers.
The standard requires your employer to provide certain information
to a physician to aid in his or her examination of you. This information
includes (1) the standard and its appendices, (2) a description of your
duties as they relate to occupational lead exposure, (3) your exposure
level or anticipated exposure level, (4) a description of any personal
protective equipment you wear, (5) prior blood lead level results, and
(6) prior written medical opinions concerning you that the employer has.
After a medical examination or consultation the physician must prepare a
written report which must contain (1) the physician's opinion as to
whether you have any medical condition which places you at increased
risk of material impairment to health from exposure to lead, (2) any
recommended special protective measures to be provided to you, (3) any
blood lead level determinations, and (4) any recommended limitation on
your use of respirators. This last element must include a determination
of whether you can wear a powered air purifying respirator (PAPR) if you
are found unable to wear a negative pressure respirator.
The medical surveillance program of the interim lead standard may at
some point in time serve to notify certain workers that they have
acquired a disease or other adverse medical condition as a result of
occupational lead exposure. If this is true, these workers might have
legal rights to compensation from public agencies, their employers,
firms that supply hazardous products to their employers, or other
persons. Some states have laws, including worker compensation laws, that
disallow a worker who learns of a job-related health impairment to sue,
unless the worker sues within a short period of time after learning of
the impairment. (This period of time may be a matter of months or
years.) An attorney can be consulted about these possibilities. It
should be stressed that OSHA is in no way trying to either encourage or
discourage claims or lawsuits. However, since results of the standard's
medical surveillance program can significantly affect the legal remedies
of a worker who has acquired a job-related disease or impairment, it is
proper for OSHA to make you aware of this.
The medical surveillance section of the standard also contains
provisions dealing with chelation. Chelation is the use of certain drugs
(administered in pill form or injected into the body) to reduce the
amount of lead absorbed in body tissues. Experience accumulated by the
medical and scientific communities has largely confirmed the
effectiveness of this type of therapy for the treatment of very severe
lead poisoning. On the other hand, it has also been established that
there can be a long list of extremely harmful side effects associated
with the use of chelating agents. The medical community has balanced the
advantages and disadvantages resulting from the use of chelating agents
in various circumstances and has established when the use of these
agents is acceptable. The standard includes these accepted limitations
due to a history of abuse of chelation therapy by some lead companies.
The most widely used chelating agents are calcium disodium EDTA, (Ca Na2
EDTA), Calcium Disodium Versenate (Versenate), and d-penicillamine
(pencillamine or Cupramine).
The standard prohibits ``prophylactic chelation'' of any employee by
any person the employer retains, supervises or controls. Prophylactic
chelation is the routine use of chelating or similarly acting drugs to
prevent elevated blood levels in workers who are occupationally exposed
to lead, or the use of these drugs to routinely lower blood lead levels
to predesignated concentrations believed to be ``safe''. It should be
emphasized that where an employer takes a worker who has no symptoms of
lead poisoning and has chelation carried out by a physician (either
inside or outside of a hospital) solely to reduce the worker's blood
lead level, that will generally be considered prophylactic chelation.
The use of a hospital and a physician does not mean that prophylactic
chelation is not being performed. Routine chelation to prevent increased
or reduce current blood lead levels is unacceptable whatever the
setting.
The standard allows the use of ``therapeutic'' or ``diagnostic''
chelation if administered under the supervision of a licensed physician
in a clinical setting with thorough and appropriate medical monitoring.
Therapeutic chelation responds to severe lead poisoning where there are
marked symptoms. Diagnostic chelation involved giving a patient a dose
of the drug then collecting all urine excreted for some period of time
as an aid to the diagnosis of lead poisoning.
In cases where the examining physician determines that chelation is
appropriate, you must be notified in writing of this fact before
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such treatment. This will inform you of a potentially harmful treatment,
and allow you to obtain a second opinion.
IX. Medical Removal Protection--Paragraph (K)
Excessive lead absorption subjects you to increased risk of disease.
Medical removal protection (MRP) is a means of protecting you when, for
whatever reasons, other methods, such as engineering controls, work
practices, and respirators, have failed to provide the protection you
need. MRP involves the temporary removal of a worker from his or her
regular job to a place of significantly lower exposure without any loss
of earnings, seniority, or other employment rights or benefits. The
purpose of this program is to cease further lead absorption and allow
your body to naturally excrete lead which has previously been absorbed.
Temporary medical removal can result from an elevated blood lead level,
or a medical opinion. For up to 18 months, or for as long as the job the
employee was removed from lasts, protection is provided as a result of
either form of removal. The vast majority of removed workers, however,
will return to their former jobs long before this eighteen month period
expires.
You may also be removed from exposure even if your blood lead level
is below 50 g/dl if a final medical determination indicates
that you temporarily need reduced lead exposure for medical reasons. If
the physician who is implementing your employers medical program makes a
final written opinion recommending your removal or other special
protective measures, your employer must implement the physician's
recommendation. If you are removed in this manner, you may only be
returned when the doctor indicates that it is safe for you to do so.
The standard does not give specific instructions dealing with what
an employer must do with a removed worker. Your job assignment upon
removal is a matter for you, your employer and your union (if any) to
work out consistent with existing procedures for job assignments. Each
removal must be accomplished in a manner consistent with existing
collective bargaining relationships. Your employer is given broad
discretion to implement temporary removals so long as no attempt is made
to override existing agreements. Similarly, a removed worker is provided
no right to veto an employer's choice which satisfies the standard.
In most cases, employers will likely transfer removed employees to
other jobs with sufficiently low lead exposure. Alternatively, a
worker's hours may be reduced so that the time weighted average exposure
is reduced, or he or she may be temporarily laid off if no other
alternative is feasible.
In all of these situation, MRP benefits must be provided during the
period of removal--i.e., you continue to receive the same earnings,
seniority, and other rights and benefits you would have had if you had
not been removed. Earnings includes more than just your base wage; it
includes overtime, shift differentials, incentives, and other
compensation you would have earned if you had not been removed. During
the period of removal you must also be provided with appropriate follow-
up medical surveillance. If you were removed because your blood lead
level was too high, you must be provided with a monthly blood test. If a
medical opinion caused your removal, you must be provided medical tests
or examinations that the doctor believes to be appropriate. If you do
not participate in this follow up medical surveillance, you may lose
your eligibility for MRP benefits.
When you are medically eligible to return to your former job, your
employer must return you to your ``former job status.'' This means that
you are entitled to the position, wages, benefits, etc., you would have
had if you had not been removed. If you would still be in your old job
if no removal had occurred that is where you go back. If not, you are
returned consistent with whatever job assignment discretion your
employer would have had if no removal had occurred. MRP only seeks to
maintain your rights, not expand them or diminish them.
If you are removed under MRP and you are also eligible for worker
compensation or other compensation for lost wages, your employer's MRP
benefits obligation is reduced by the amount that you actually receive
from these other sources. This is also true if you obtain other
employment during the time you are laid off with MRP benefits.
The standard also covers situations where an employer voluntarily
removes a worker from exposure to lead due to the effects of lead on the
employee's medical condition, even though the standard does not require
removal. In these situations MRP benefits must still be provided as
though the standard required removal. Finally, it is important to note
that in all cases where removal is required, respirators cannot be used
as a substitute. Respirators may be used before removal becomes
necessary, but not as an alternative to a transfer to a low exposure
job, or to a lay-off with MRP benefits.
X. Employee Information and Training--Paragraph (L)
Your employer is required to provide an information and training
program for all employees exposed to lead above the action level or who
may suffer skin or eye irritation from lead compounds such as lead
arsenate or lead azide. The program must train these employees regarding
the specific hazards associated with their work environment, protective
measures which can be taken, including the contents of any compliance
plan in
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effect, the danger of lead to their bodies (including their reproductive
systems), and their rights under the standard. All employees must be
trained prior to initial assignment to areas where there is a
possibility of exposure over the action level.
This training program must also be provided at least annually
thereafter unless further exposure above the action level will not
occur.
XI. Signs--Paragraph (M)
The standard requires that the following warning sign be posted in
work areas where the exposure to lead exceeds the PEL:
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
These signs are to be posted and maintained in a manner which
assures that the legend is readily visible.
XII. Recordkeeping--Paragraph (N)
Your employer is required to keep all records of exposure monitoring
for airborne lead. These records must include the name and job
classification of employees measured, details of the sampling and
analytical techniques, the results of this sampling, and the type of
respiratory protection being worn by the person sampled. Such records
are to be retained for at least 30 years. Your employer is also required
to keep all records of biological monitoring and medical examination
results. These records must include the names of the employees, the
physician's written opinion, and a copy of the results of the
examination. Medical records must be preserved and maintained for the
duration of employment plus 30 years. However, if the employee's
duration of employment is less than one year, the employer need not
retain that employee's medical records beyond the period of employment
if they are provided to the employee upon termination of employment.
Recordkeeping is also required if you are temporarily removed from
your job under the medical removal protection program. This record must
include your name and social security number, the date of your removal
and return, how the removal was or is being accomplished, and whether or
not the reason for the removal was an elevated blood lead level. Your
employer is required to keep each medical removal record only for as
long as the duration of an employee's employment.
The standard requires that if you request to see or copy
environmental monitoring, blood lead level monitoring, or medical
removal records, they must be made available to you or to a
representative that you authorize. Your union also has access to these
records. Medical records other than BLL's must also be provided upon
request to you, to your physician or to any other person whom you may
specifically designate. Your union does not have access to your personal
medical records unless you authorize their access.
XIII. Observation of Monitoring--Paragraph (O)
When air monitoring for lead is performed at your workplace as
required by this standard, your employer must allow you or someone you
designate to act as an observer of the monitoring. Observers are
entitled to an explanation of the measurement procedure, and to record
the results obtained. Since results will not normally be available at
the time of the monitoring, observers are entitled to record or receive
the results of the monitoring when returned by the laboratory. Your
employer is required to provide the observer with any personal
protective devices required to be worn by employees working in the area
that is being monitored. The employer must require the observer to wear
all such equipment and to comply with all other applicable safety and
health procedures.
XIV. Effective Date--Paragraph (P)
The standard's effective date is June 3, 1993. Employer obligations
under the standard begin as of that date with full implementation of
engineering controls as soon as possible but no later than within 4
months, and all other provisions completed as soon as possible, but no
later than within 2 months from the effective date.
XV. For Additional Information
A. A copy of the interim standard for lead in construction can be
obtained free of charge by calling or writing the OSHA Office of
Publications, room N-3101, United States Department of Labor,
Washington, DC 20210: Telephone (202) 219-4667.
B. Additional information about the standard, its enforcement, and
your employer's compliance can be obtained from the nearest OSHA Area
Office listed in your telephone directory under United States
Government/Department of Labor.
Appendix C to Sec. 1926.62--Medical Surveillance Guidelines
Introduction
The primary purpose of the Occupational Safety and Health Act of
1970 is to assure, so far as possible, safe and healthful working
conditions for every working man and woman. The interim final
occupational health standard for lead in construction is designed to
protect workers exposed to inorganic lead including metallic lead, all
inorganic lead compounds and organic lead soaps.
[[Page 109]]
Under this interim final standard occupational exposure to inorganic
lead is to be limited to 50 g/m3 (micrograms per
cubic meter) based on an 8 hour time-weighted average (TWA). This
permissible exposure limit (PEL) must be achieved through a combination
of engineering, work practice and administrative controls to the extent
feasible. Where these controls are in place but are found not to reduce
employee exposures to or below the PEL, they must be used nonetheless,
and supplemented with respirators to meet the 50 g/
m3 exposure limit.
The standard also provides for a program of biological monitoring
for employees exposed to lead above the action level at any time, and
additional medical surveillance for all employees exposed to levels of
inorganic lead above 30 g/m3 (TWA) for more than 30
days per year and whose BLL exceeds 40 g/dl.
The purpose of this document is to outline the medical surveillance
provisions of the interim standard for inorganic lead in construction,
and to provide further information to the physician regarding the
examination and evaluation of workers exposed to inorganic lead.
Section 1 provides a detailed description of the monitoring
procedure including the required frequency of blood testing for exposed
workers, provisions for medical removal protection (MRP), the
recommended right of the employee to a second medical opinion, and
notification and recordkeeping requirements of the employer. A
discussion of the requirements for respirator use and respirator
monitoring and OSHA's position on prophylactic chelation therapy are
also included in this section.
Section 2 discusses the toxic effects and clinical manifestations of
lead poisoning and effects of lead intoxication on enzymatic pathways in
heme synthesis. The adverse effects on both male and female reproductive
capacity and on the fetus are also discussed.
Section 3 outlines the recommended medical evaluation of the worker
exposed to inorganic lead, including details of the medical history,
physical examination, and recommended laboratory tests, which are based
on the toxic effects of lead as discussed in Section 2.
Section 4 provides detailed information concerning the laboratory
tests available for the monitoring of exposed workers. Included also is
a discussion of the relative value of each test and the limitations and
precautions which are necessary in the interpretation of the laboratory
results.
I. Medical Surveillance and Monitoring Requirements for Workers Exposed
to Inorganic Lead
Under the interim final standard for inorganic lead in the
construction industry, initial medical surveillance consisting of
biological monitoring to include blood lead and ZPP level determination
shall be provided to employees exposed to lead at or above the action
level on any one day. In addition, a program of biological monitoring is
to be made available to all employees exposed above the action level at
any time and additional medical surveillance is to be made available to
all employees exposed to lead above 30 g/m3 TWA for
more than 30 days each year and whose BLL exceeds 40 g/dl. This
program consists of periodic blood sampling and medical evaluation to be
performed on a schedule which is defined by previous laboratory results,
worker complaints or concerns, and the clinical assessment of the
examining physician.
Under this program, the blood lead level (BLL) of all employees who
are exposed to lead above 30 g/m3 for more than 30
days per year or whose blood lead is above 40 g/dl but exposed
for no more than 30 days per year is to be determined at least every two
months for the first six months of exposure and every six months
thereafter. The frequency is increased to every two months for employees
whose last blood lead level was 40 g/dl or above. For employees
who are removed from exposure to lead due to an elevated blood lead, a
new blood lead level must be measured monthly. A zinc protoporphyrin
(ZPP) measurement is strongly recommended on each occasion that a blood
lead level measurement is made.
An annual medical examination and consultation performed under the
guidelines discussed in Section 3 is to be made available to each
employee exposed above 30 g/m3 for more than 30 days
per year for whom a blood test conducted at any time during the
preceding 12 months indicated a blood lead level at or above 40
g/dl. Also, an examination is to be given to all employees
prior to their assignment to an area in which airborne lead
concentrations reach or exceed the 30 g/m3 for more
than 30 days per year. In addition, a medical examination must be
provided as soon as possible after notification by an employee that the
employee has developed signs or symptoms commonly associated with lead
intoxication, that the employee desires medical advice regarding lead
exposure and the ability to procreate a healthy child, or that the
employee has demonstrated difficulty in breathing during a respirator
fitting test or during respirator use. An examination is also to be made
available to each employee removed from exposure to lead due to a risk
of sustaining material impairment to health, or otherwise limited or
specially protected pursuant to medical recommendations.
Results of biological monitoring or the recommendations of an
examining physician may necessitate removal of an employee from further
lead exposure pursuant to the standard's medical removal protection
[[Page 110]]
(MRP) program. The object of the MRP program is to provide temporary
medical removal to workers either with substantially elevated blood lead
levels or otherwise at risk of sustaining material health impairment
from continued substantial exposure to lead.
Under the standard's ultimate worker removal criteria, a worker is
to be removed from any work having an eight hour TWA exposure to lead of
30 g/m3 when his or her blood lead level reaches 50
g/dl and is confirmed by a second follow-up blood lead level
performed within two weeks after the employer receives the results of
the first blood sampling test. Return of the employee to his or her job
status depends on a worker's blood lead level declining to 40
g/dl.
As part of the interim standard, the employer is required to notify
in writing each employee whose blood lead level exceeds 40 g/
dl. In addition each such employee is to be informed that the standard
requires medical removal with MRP benefits, discussed below, when an
employee's blood lead level exceeds the above defined limit.
In addition to the above blood lead level criterion, temporary
worker removal may also take place as a result of medical determinations
and recommendations. Written medical opinions must be prepared after
each examination pursuant to the standard. If the examining physician
includes a medical finding, determination or opinion that the employee
has a medical condition which places the employee at increased risk of
material health impairment from exposure to lead, then the employee must
be removed from exposure to lead at or above 30 g/
m3. Alternatively, if the examining physician recommends
special protective measures for an employee (e.g., use of a powered air
purifying respirator) or recommends limitations on an employee's
exposure to lead, then the employer must implement these
recommendations.
Recommendations may be more stringent than the specific provisions
of the standard. The examining physician, therefore, is given broad
flexibility to tailor special protective procedures to the needs of
individual employees. This flexibility extends to the evaluation and
management of pregnant workers and male and female workers who are
planning to raise children. Based on the history, physical examination,
and laboratory studies, the physician might recommend special protective
measures or medical removal for an employee who is pregnant or who is
planning to conceive a child when, in the physician's judgment,
continued exposure to lead at the current job would pose a significant
risk. The return of the employee to his or her former job status, or the
removal of special protections or limitations, depends upon the
examining physician determining that the employee is no longer at
increased risk of material impairment or that special measures are no
longer needed.
During the period of any form of special protection or removal, the
employer must maintain the worker's earnings, seniority, and other
employment rights and benefits (as though the worker had not been
removed) for a period of up to 18 months or for as long as the job the
employee was removed from lasts if less than 18 months. This economic
protection will maximize meaningful worker participation in the medical
surveillance program, and is appropriate as part of the employer's
overall obligation to provide a safe and healthful workplace. The
provisions of MRP benefits during the employee's removal period may,
however, be conditioned upon participation in medical surveillance.
The lead standard provides for a multiple physician review in cases
where the employee wishes a second opinion concerning potential lead
poisoning or toxicity. If an employee wishes a second opinion, he or she
can make an appointment with a physician of his or her choice. This
second physician will review the findings, recommendations or
determinations of the first physician and conduct any examinations,
consultations or tests deemed necessary in an attempt to make a final
medical determination. If the first and second physicians do not agree
in their assessment they must try to resolve their differences. If they
cannot reach an agreement then they must designate a third physician to
resolve the dispute.
The employer must provide examining and consulting physicians with
the following specific information: A copy of the lead regulations and
all appendices, a description of the employee's duties as related to
exposure, the exposure level or anticipated level to lead and any other
toxic substances (if applicable), a description of personal protective
equipment used, blood lead levels, and all prior written medical
opinions regarding the employee in the employer's possession or control.
The employer must also obtain from the physician and provide the
employee with a written medical opinion containing blood lead levels,
the physicians's opinion as to whether the employee is at risk of
material impairment to health, any recommended protective measures for
the employee if further exposure is permitted, as well as any
recommended limitations upon an employee's use of respirators.
Employers must instruct each physician not to reveal to the employer
in writing or in any other way his or her findings, laboratory results,
or diagnoses which are felt to be unrelated to occupational lead
exposure. They must also instruct each physician to advise the employee
of any occupationally or non-occupationally related medical condition
requiring further treatment or evaluation.
[[Page 111]]
The standard provides for the use of respirators where engineering
and other primary controls are not effective. However, the use of
respirator protection shall not be used in lieu of temporary medical
removal due to elevated blood lead levels or findings that an employee
is at risk of material health impairment. This is based on the numerous
inadequacies of respirators including skin rash where the facepiece
makes contact with the skin, unacceptable stress to breathing in some
workers with underlying cardiopulmonary impairment, difficulty in
providing adequate fit, the tendency for respirators to create
additional hazards by interfering with vision, hearing, and mobility,
and the difficulties of assuring the maximum effectiveness of a
complicated work practice program involving respirators. Respirators do,
however, serve a useful function where engineering and work practice
controls are inadequate by providing supplementary, interim, or short-
term protection, provided they are properly selected for the environment
in which the employee will be working, properly fitted to the employee,
maintained and cleaned periodically, and worn by the employee when
required.
In its interim final standard on occupational exposure to inorganic
lead in the construction industry, OSHA has prohibited prophylactic
chelation. Diagnostic and therapeutic chelation are permitted only under
the supervision of a licensed physician with appropriate medical
monitoring in an acceptable clinical setting. The decision to initiate
chelation therapy must be made on an individual basis and take into
account the severity of symptoms felt to be a result of lead toxicity
along with blood lead levels, ZPP levels, and other laboratory tests as
appropriate. EDTA and penicillamine which are the primary chelating
agents used in the therapy of occupational lead poisoning have
significant potential side effects and their use must be justified on
the basis of expected benefits to the worker. Unless frank and severe
symptoms are present, therapeutic chelation is not recommended, given
the opportunity to remove a worker from exposure and allow the body to
naturally excrete accumulated lead. As a diagnostic aid, the chelation
mobilization test using CA-EDTA has limited applicability. According to
some investigators, the test can differentiate between lead-induced and
other nephropathies. The test may also provide an estimation of the
mobile fraction of the total body lead burden.
Employers are required to assure that accurate records are
maintained on exposure assessment, including environmental monitoring,
medical surveillance, and medical removal for each employee. Exposure
assessment records must be kept for at least 30 years. Medical
surveillance records must be kept for the duration of employment plus 30
years except in cases where the employment was less than one year. If
duration of employment is less than one year, the employer need not
retain this record beyond the term of employment if the record is
provided to the employee upon termination of employment. Medical removal
records also must be maintained for the duration of employment. All
records required under the standard must be made available upon request
to the Assistant Secretary of Labor for Occupational Safety and Health
and the Director of the National Institute for Occupational Safety and
Health. Employers must also make environmental and biological monitoring
and medical removal records available to affected employees and to
former employees or their authorized employee representatives. Employees
or their specifically designated representatives have access to their
entire medical surveillance records.
In addition, the standard requires that the employer inform all
workers exposed to lead at or above 30 g/m3 of the
provisions of the standard and all its appendices, the purpose and
description of medical surveillance and provisions for medical removal
protection if temporary removal is required. An understanding of the
potential health effects of lead exposure by all exposed employees along
with full understanding of their rights under the lead standard is
essential for an effective monitoring program.
II. Adverse Health Effects of Inorganic Lead
Although the toxicity of lead has been known for 2,000 years, the
knowledge of the complex relationship between lead exposure and human
response is still being refined. Significant research into the toxic
properties of lead continues throughout the world, and it should be
anticipated that our understanding of thresholds of effects and margins
of safety will be improved in future years. The provisions of the lead
standard are founded on two prime medical judgments: First, the
prevention of adverse health effects from exposure to lead throughout a
working lifetime requires that worker blood lead levels be maintained at
or below 40 g/dl and second, the blood lead levels of workers,
male or female, who intend to parent in the near future should be
maintained below 30 g/dl to minimize adverse reproductive
health effects to the parents and developing fetus. The adverse effects
of lead on reproduction are being actively researched and OSHA
encourages the physician to remain abreast of recent developments in the
area to best advise pregnant workers or workers planning to conceive
children.
The spectrum of health effects caused by lead exposure can be
subdivided into five developmental stages: Normal, physiological changes
of uncertain significance, pathophysiological changes, overt symptoms
[[Page 112]]
(morbidity), and mortality. Within this process there are no sharp
distinctions, but rather a continuum of effects. Boundaries between
categories overlap due to the wide variation of individual responses and
exposures in the working population. OSHA's development of the lead
standard focused on pathophysiological changes as well as later stages
of disease.
1. Heme Synthesis Inhibition. The earliest demonstrated effect of
lead involves its ability to inhibit at least two enzymes of the heme
synthesis pathway at very low blood levels. Inhibition of delta
aminolevulinic acid dehydrase (ALA-D) which catalyzes the conversion of
delta-aminolevulinic acid (ALA) to protoporphyrin is observed at a blood
lead level below 20 g/dl. At a blood lead level of 40
g/dl, more than 20% of the population would have 70% inhibition
of ALA-D. There is an exponential increase in ALA excretion at blood
lead levels greater than 40 g/dl.
Another enzyme, ferrochelatase, is also inhibited at low blood lead
levels. Inhibition of ferrochelatase leads to increased free erythrocyte
protoporphyrin (FEP) in the blood which can then bind to zinc to yield
zinc protoporphyrin. At a blood lead level of 50 g/dl or
greater, nearly 100% of the population will have an increase in FEP.
There is also an exponential relationship between blood lead levels
greater than 40 g/dl and the associated ZPP level, which has
led to the development of the ZPP screening test for lead exposure.
While the significance of these effects is subject to debate, it is
OSHA's position that these enzyme disturbances are early stages of a
disease process which may eventually result in the clinical symptoms of
lead poisoning. Whether or not the effects do progress to the later
stages of clinical disease, disruption of these enzyme processes over a
working lifetime is considered to be a material impairment of health.
One of the eventual results of lead-induced inhibition of enzymes in
the heme synthesis pathway is anemia which can be asymptomatic if mild
but associated with a wide array of symptoms including dizziness,
fatigue, and tachycardia when more severe. Studies have indicated that
lead levels as low as 50 g/dl can be associated with a definite
decreased hemoglobin, although most cases of lead-induced anemia, as
well as shortened red-cell survival times, occur at lead levels
exceeding 80 g/dl. Inhibited hemoglobin synthesis is more
common in chronic cases whereas shortened erythrocyte life span is more
common in acute cases.
In lead-induced anemias, there is usually a reticulocytosis along
with the presence of basophilic stippling, and ringed sideroblasts,
although none of the above are pathognomonic for lead-induced anemia.
2. Neurological Effects. Inorganic lead has been found to have toxic
effects on both the central and peripheral nervous systems. The earliest
stages of lead-induced central nervous system effects first manifest
themselves in the form of behavioral disturbances and central nervous
system symptoms including irritability, restlessness, insomnia and other
sleep disturbances, fatigue, vertigo, headache, poor memory, tremor,
depression, and apathy. With more severe exposure, symptoms can progress
to drowsiness, stupor, hallucinations, delirium, convulsions and coma.
The most severe and acute form of lead poisoning which usually
follows ingestion or inhalation of large amounts of lead is acute
encephalopathy which may arise precipitously with the onset of
intractable seizures, coma, cardiorespiratory arrest, and death within
48 hours.
While there is disagreement about what exposure levels are needed to
produce the earliest symptoms, most experts agree that symptoms
definitely can occur at blood lead levels of 60 g/dl whole
blood and therefore recommend a 40 g/dl maximum. The central
nervous system effects frequently are not reversible following
discontinued exposure or chelation therapy and when improvement does
occur, it is almost always only partial.
The peripheral neuropathy resulting from lead exposure
characteristically involves only motor function with minimal sensory
damage and has a marked predilection for the extensor muscles of the
most active extremity. The peripheral neuropathy can occur with varying
degrees of severity. The earliest and mildest form which can be detected
in workers with blood lead levels as low as 50 g/dl is
manifested by slowing of motor nerve conduction velocity often without
clinical symptoms. With progression of the neuropathy there is
development of painless extensor muscle weakness usually involving the
extensor muscles of the fingers and hand in the most active upper
extremity, followed in severe cases by wrist drop or, much less
commonly, foot drop.
In addition to slowing of nerve conduction, electromyographical
studies in patients with blood lead levels greater than 50 g/dl
have demonstrated a decrease in the number of acting motor unit
potentials, an increase in the duration of motor unit potentials, and
spontaneous pathological activity including fibrillations and
fasciculations. Whether these effects occur at levels of 40 g/
dl is undetermined.
While the peripheral neuropathies can occasionally be reversed with
therapy, again such recovery is not assured particularly in the more
severe neuropathies and often improvement is only partial. The lack of
reversibility is felt to be due in part to segmental demyelination.
[[Page 113]]
3. Gastrointestinal. Lead may also affect the gastrointestinal
system producing abdominal colic or diffuse abdominal pain,
constipation, obstipation, diarrhea, anorexia, nausea and vomiting. Lead
colic rarely develops at blood lead levels below 80 g/dl.
4. Renal. Renal toxicity represents one of the most serious health
effects of lead poisoning. In the early stages of disease nuclear
inclusion bodies can frequently be identified in proximal renal tubular
cells. Renal function remains normal and the changes in this stage are
probably reversible. With more advanced disease there is progressive
interstitial fibrosis and impaired renal function. Eventually extensive
interstitial fibrosis ensues with sclerotic glomeruli and dilated and
atrophied proximal tubules; all represent end stage kidney disease.
Azotemia can be progressive, eventually resulting in frank uremia
necessitating dialysis. There is occasionally associated hypertension
and hyperuricemia with or without gout.
Early kidney disease is difficult to detect. The urinalysis is
normal in early lead nephropathy and the blood urea nitrogen and serum
creatinine increase only when two-thirds of kidney function is lost.
Measurement of creatinine clearance can often detect earlier disease as
can other methods of measurement of glomerular filtration rate. An
abnormal Ca-EDTA mobilization test has been used to differentiate
between lead-induced and other nephropathies, but this procedure is not
widely accepted. A form of Fanconi syndrome with aminoaciduria,
glycosuria, and hyperphosphaturia indicating severe injury to the
proximal renal tubules is occasionally seen in children.
5. Reproductive effects. Exposure to lead can have serious effects
on reproductive function in both males and females. In male workers
exposed to lead there can be a decrease in sexual drive, impotence,
decreased ability to produce healthy sperm, and sterility. Malformed
sperm (teratospermia), decreased number of sperm (hypospermia), and
sperm with decreased motility (asthenospermia) can all occur.
Teratospermia has been noted at mean blood lead levels of 53 g/
dl and hypospermia and asthenospermia at 41 g/dl. Furthermore,
there appears to be a dose-response relationship for teratospermia in
lead exposed workers.
Women exposed to lead may experience menstrual disturbances
including dysmenorrhea, menorrhagia and amenorrhea. Following exposure
to lead, women have a higher frequency of sterility, premature births,
spontaneous miscarriages, and stillbirths.
Germ cells can be affected by lead and cause genetic damage in the
egg or sperm cells before conception and result in failure to implant,
miscarriage, stillbirth, or birth defects.
Infants of mothers with lead poisoning have a higher mortality
during the first year and suffer from lowered birth weights, slower
growth, and nervous system disorders.
Lead can pass through the placental barrier and lead levels in the
mother's blood are comparable to concentrations of lead in the umbilical
cord at birth. Transplacental passage becomes detectable at 12-14 weeks
of gestation and increases until birth.
There is little direct data on damage to the fetus from exposure to
lead but it is generally assumed that the fetus and newborn would be at
least as susceptible to neurological damage as young children. Blood
lead levels of 50-60 g/dl in children can cause significant
neurobehavioral impairments and there is evidence of hyperactivity at
blood levels as low as 25 g/dl. Given the overall body of
literature concerning the adverse health effects of lead in children,
OSHA feels that the blood lead level in children should be maintained
below 30 g/dl with a population mean of 15 g/dl. Blood
lead levels in the fetus and newborn likewise should not exceed 30
g/dl.
Because of lead's ability to pass through the placental barrier and
also because of the demonstrated adverse effects of lead on reproductive
function in both the male and female as well as the risk of genetic
damage of lead on both the ovum and sperm, OSHA recommends a 30
g/dl maximum permissible blood lead level in both males and
females who wish to bear children.
6. Other toxic effects. Debate and research continue on the effects
of lead on the human body. Hypertension has frequently been noted in
occupationally exposed individuals although it is difficult to assess
whether this is due to lead's adverse effects on the kidney or if some
other mechanism is involved. Vascular and electrocardiographic changes
have been detected but have not been well characterized. Lead is thought
to impair thyroid function and interfere with the pituitary-adrenal
axis, but again these effects have not been well defined.
III. Medical Evaluation
The most important principle in evaluating a worker for any
occupational disease including lead poisoning is a high index of
suspicion on the part of the examining physician. As discussed in
Section 2, lead can affect numerous organ systems and produce a wide
array of signs and symptoms, most of which are non-specific and subtle
in nature at least in the early stages of disease. Unless serious
concern for lead toxicity is present, many of the early clues to
diagnosis may easily be overlooked.
The crucial initial step in the medical evaluation is recognizing
that a worker's employment can result in exposure to lead. The worker
will frequently be able to define
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exposures to lead and lead containing materials but often will not
volunteer this information unless specifically asked. In other
situations the worker may not know of any exposures to lead but the
suspicion might be raised on the part of the physician because of the
industry or occupation of the worker. Potential occupational exposure to
lead and its compounds occur in many occupations in the construction
industry, including demolition and salvaging operations, removal or
encapsulation of materials containing lead, construction, alteration,
repair or renovation of structures containing lead, transportation,
disposal, storage or containment of lead or lead-containing materials on
construction sites, and maintenance operations associated with
construction activities.
Once the possibility for lead exposure is raised, the focus can then
be directed toward eliciting information from the medical history,
physical exam, and finally from laboratory data to evaluate the worker
for potential lead toxicity.
A complete and detailed work history is important in the initial
evaluation. A listing of all previous employment with information on job
description, exposure to fumes or dust, known exposures to lead or other
toxic substances, a description of any personal protective equipment
used, and previous medical surveillance should all be included in the
worker's record. Where exposure to lead is suspected, information
concerning on-the-job personal hygiene, smoking or eating habits in work
areas, laundry procedures, and use of any protective clothing or
respiratory protection equipment should be noted. A complete work
history is essential in the medical evaluation of a worker with
suspected lead toxicity, especially when long term effects such as
neurotoxicity and nephrotoxicity are considered.
The medical history is also of fundamental importance and should
include a listing of all past and current medical conditions, current
medications including proprietary drug intake, previous surgeries and
hospitalizations, allergies, smoking history, alcohol consumption, and
also non-occupational lead exposures such as hobbies (hunting, riflery).
Also known childhood exposures should be elicited. Any previous history
of hematological, neurological, gastrointestinal, renal, psychological,
gynecological, genetic, or reproductive problems should be specifically
noted.
A careful and complete review of systems must be performed to assess
both recognized complaints and subtle or slowly acquired symptoms which
the worker might not appreciate as being significant. The review of
symptoms should include the following:
1. General--weight loss, fatigue, decreased appetite.
2. Head, Eyes, Ears, Nose, Throat (HEENT)--headaches, visual
disturbances or decreased visual acuity, hearing deficits or tinnitus,
pigmentation of the oral mucosa, or metallic taste in mouth.
3. Cardio-pulmonary--shortness of breath, cough, chest pains,
palpitations, or orthopnea.
4. Gastrointestinal--nausea, vomiting, heartburn, abdominal pain,
constipation or diarrhea.
5. Neurologic--irritability, insomnia, weakness (fatigue),
dizziness, loss of memory, confusion, hallucinations, incoordination,
ataxia, decreased strength in hands or feet, disturbances in gait,
difficulty in climbing stairs, or seizures.
6. Hematologic--pallor, easy fatigability, abnormal blood loss,
melena.
7. Reproductive (male and female and spouse where relevant)--history
of infertility, impotence, loss of libido, abnormal menstrual periods,
history of miscarriages, stillbirths, or children with birth defects.
8. Musculo-skeletal--muscle and joint pains.
The physical examination should emphasize the neurological,
gastrointestinal, and cardiovascular systems. The worker's weight and
blood pressure should be recorded and the oral mucosa checked for
pigmentation characteristic of a possible Burtonian or lead line on the
gingiva. It should be noted, however, that the lead line may not be
present even in severe lead poisoning if good oral hygiene is practiced.
The presence of pallor on skin examination may indicate an anemia
which, if severe, might also be associated with a tachycardia. If an
anemia is suspected, an active search for blood loss should be
undertaken including potential blood loss through the gastrointestinal
tract.
A complete neurological examination should include an adequate
mental status evaluation including a search for behavioral and
psychological disturbances, memory testing, evaluation for irritability,
insomnia, hallucinations, and mental clouding. Gait and coordination
should be examined along with close observation for tremor. A detailed
evaluation of peripheral nerve function including careful sensory and
motor function testing is warranted. Strength testing particularly of
extensor muscle groups of all extremities is of fundamental importance.
Cranial nerve evaluation should also be included in the routine
examination.
The abdominal examination should include auscultation for bowel
sounds and abdominal bruits and palpation for organomegaly, masses, and
diffuse abdominal tenderness.
Cardiovascular examination should evaluate possible early signs of
congestive heart failure. Pulmonary status should be addressed
particularly if respirator protection is contemplated.
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As part of the medical evaluation, the interim lead standard
requires the following laboratory studies:
1. Blood lead level
2. Hemoglobin and hematocrit determinations, red cell indices, and
examination of the peripheral blood smear to evaluate red blood cell
morphology
3. Blood urea nitrogen
4. Serum creatinine
5. Routine urinalysis with microscopic examination.
6. A zinc protoporphyrin level.
In addition to the above, the physician is authorized to order any
further laboratory or other tests which he or she deems necessary in
accordance with sound medical practice. The evaluation must also include
pregnancy testing or laboratory evaluation of male fertility if
requested by the employee. Additional tests which are probably not
warranted on a routine basis but may be appropriate when blood lead and
ZPP levels are equivocal include delta aminolevulinic acid and
coproporphyrin concentrations in the urine, and dark-field illumination
for detection of basophilic stippling in red blood cells.
If an anemia is detected further studies including a careful
examination of the peripheral smear, reticulocyte count, stool for
occult blood, serum iron, total iron binding capacity, bilirubin, and,
if appropriate, vitamin B12 and folate may be of value in attempting to
identify the cause of the anemia.
If a peripheral neuropathy is suspected, nerve conduction studies
are warranted both for diagnosis and as a basis to monitor any therapy.
If renal disease is questioned, a 24 hour urine collection for
creatinine clearance, protein, and electrolytes may be indicated.
Elevated uric acid levels may result from lead-induced renal disease and
a serum uric acid level might be performed.
An electrocardiogram and chest x-ray may be obtained as deemed
appropriate.
Sophisticated and highly specialized testing should not be done
routinely and where indicated should be under the direction of a
specialist.
IV. Laboratory Evaluation
The blood lead level at present remains the single most important
test to monitor lead exposure and is the test used in the medical
surveillance program under the lead standard to guide employee medical
removal. The ZPP has several advantages over the blood lead level.
Because of its relatively recent development and the lack of extensive
data concerning its interpretation, the ZPP currently remains an
ancillary test.
This section will discuss the blood lead level and ZPP in detail and
will outline their relative advantages and disadvantages. Other blood
tests currently available to evaluate lead exposure will also be
reviewed.
The blood lead level is a good index of current or recent lead
absorption when there is no anemia present and when the worker has not
taken any chelating agents. However, blood lead levels along with
urinary lead levels do not necessarily indicate the total body burden of
lead and are not adequate measures of past exposure. One reason for this
is that lead has a high affinity for bone and up to 90% of the body's
total lead is deposited there. A very important component of the total
lead body burden is lead in soft tissue (liver, kidney, and brain). This
fraction of the lead body burden, the biologically active lead, is not
entirely reflected by blood lead levels since it is a function of the
dynamics of lead absorption, distribution, deposition in bone and
excretion. Following discontinuation of exposure to lead, the excess
body burden is only slowly mobilized from bone and other relatively
stable body stores and excreted. Consequently, a high blood lead level
may only represent recent heavy exposure to lead without a significant
total body excess and likewise a low blood lead level does not exclude
an elevated total body burden of lead.
Also due to its correlation with recent exposures, the blood lead
level may vary considerably over short time intervals.
To minimize laboratory error and erroneous results due to
contamination, blood specimens must be carefully collected after
thorough cleaning of the skin with appropriate methods using lead-free
blood containers and analyzed by a reliable laboratory. Under the
standard, samples must be analyzed in laboratories which are approved by
OSHA. Analysis is to be made using atomic absorption spectrophotometry,
anodic stripping voltammetry or any method which meets the accuracy
requirements set forth by the standard.
The determination of lead in urine is generally considered a less
reliable monitoring technique than analysis of whole blood primarily due
to individual variability in urinary excretion capacity as well as the
technical difficulty of obtaining accurate 24 hour urine collections. In
addition, workers with renal insufficiency, whether due to lead or some
other cause, may have decreased lead clearance and consequently urine
lead levels may underestimate the true lead burden. Therefore, urine
lead levels should not be used as a routine test.
The zinc protoporphyrin test, unlike the blood lead determination,
measures an adverse metabolic effect of lead and as such is a better
indicator of lead toxicity than the level of blood lead itself. The
level of ZPP reflects lead absorption over the preceding 3 to 4 months,
and therefore is a better indicator of lead body burden. The ZPP
requires more
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time than the blood lead to read significantly elevated levels; the
return to normal after discontinuing lead exposure is also slower.
Furthermore, the ZPP test is simpler, faster, and less expensive to
perform and no contamination is possible. Many investigators believe it
is the most reliable means of monitoring chronic lead absorption.
Zinc protoporphyrin results from the inhibition of the enzyme
ferrochelatase which catalyzes the insertion of an iron molecule into
the protoporphyrin molecule, which then becomes heme. If iron is not
inserted into the molecule then zinc, having a greater affinity for
protoporphyrin, takes the place of the iron, forming ZPP.
An elevation in the level of circulating ZPP may occur at blood lead
levels as low as 20-30 g/dl in some workers. Once the blood
lead level has reached 40 g/dl there is more marked rise in the
ZPP value from its normal range of less than 100 g/dl100 ml.
Increases in blood lead levels beyond 40 g/100 g are associated
with exponential increases in ZPP.
Whereas blood lead levels fluctuate over short time spans, ZPP
levels remain relatively stable. ZPP is measured directly in red blood
cells and is present for the cell's entire 120 day life-span. Therefore,
the ZPP level in blood reflects the average ZPP production over the
previous 3-4 months and consequently the average lead exposure during
that time interval.
It is recommended that a hematocrit be determined whenever a
confirmed ZPP of 50 g/100 ml whole blood is obtained to rule
out a significant underlying anemia. If the ZPP is in excess of 100
g/100 ml and not associated with abnormal elevations in blood
lead levels, the laboratory should be checked to be sure that blood
leads were determined using atomic absorption spectrophotometry anodic
stripping voltammetry, or any method which meets the accuracy
requirements set forth by the standard by an OSHA approved laboratory
which is experienced in lead level determinations. Repeat periodic blood
lead studies should be obtained in all individuals with elevated ZPP
levels to be certain that an associated elevated blood lead level has
not been missed due to transient fluctuations in blood leads.
ZPP has a characteristic fluorescence spectrum with a peak at 594 nm
which is detectable with a hematofluorimeter. The hematofluorimeter is
accurate and portable and can provide on-site, instantaneous results for
workers who can be frequently tested via a finger prick.
However, careful attention must be given to calibration and quality
control procedures. Limited data on blood lead-ZPP correlations and the
ZPP levels which are associated with the adverse health effects
discussed in Section 2 are the major limitations of the test. Also it is
difficult to correlate ZPP levels with environmental exposure and there
is some variation of response with age and sex. Nevertheless, the ZPP
promises to be an important diagnostic test for the early detection of
lead toxicity and its value will increase as more data is collected
regarding its relationship to other manifestations of lead poisoning.
Levels of delta-aminolevulinic acid (ALA) in the urine are also used
as a measure of lead exposure. Increasing concentrations of ALA are
believed to result from the inhibition of the enzyme delta-
aminolevulinic acid dehydrase (ALA-D). Although the test is relatively
easy to perform, inexpensive, and rapid, the disadvantages include
variability in results, the necessity to collect a complete 24 hour
urine sample which has a specific gravity greater than 1.010, and also
the fact that ALA decomposes in the presence of light.
The pattern of porphyrin excretion in the urine can also be helpful
in identifying lead intoxication. With lead poisoning, the urine
concentrations of coproporphyrins I and II, porphobilinogen and
uroporphyrin I rise. The most important increase, however, is that of
coproporphyrin III; levels may exceed 5,000 g/l in the urine in
lead poisoned individuals, but its correlation with blood lead levels
and ZPP are not as good as those of ALA. Increases in urinary porphyrins
are not diagnostic of lead toxicity and may be seen in porphyria, some
liver diseases, and in patients with high reticulocyte counts.
Summary. The Occupational Safety and Health Administration's interim
standard for inorganic lead in the construction industry places
significant emphasis on the medical surveillance of all workers exposed
to levels of inorganic lead above 30 g/m3 TWA. The
physician has a fundamental role in this surveillance program, and in
the operation of the medical removal protection program.
Even with adequate worker education on the adverse health effects of
lead and appropriate training in work practices, personal hygiene and
other control measures, the physician has a primary responsibility for
evaluating potential lead toxicity in the worker. It is only through a
careful and detailed medical and work history, a complete physical
examination and appropriate laboratory testing that an accurate
assessment can be made. Many of the adverse health effects of lead
toxicity are either irreversible or only partially reversible and
therefore early detection of disease is very important.
This document outlines the medical monitoring program as defined by
the occupational safety and health standard for inorganic lead. It
reviews the adverse health effects of lead poisoning and describes the
important elements of the history and physical examinations as they
relate to these adverse effects. Finally, the appropriate laboratory
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testing for evaluating lead exposure and toxicity is presented.
It is hoped that this review and discussion will give the physician
a better understanding of the OSHA standard with the ultimate goal of
protecting the health and well-being of the worker exposed to lead under
his or her care.
Appendix D to Sec. 1926.62--Qualitative and Quantitative Fit Test
Protocols
I. Fit Test Protocols
A. General: The employer shall include the following provisions in
the fit test procedures. These provisions apply to both qualitative fit
testing (QLFT) and quantitative fit testing (QNFT) permissible for
compliance with paragraph (f)(3)(ii) of Sec. 1926.62. All testing is to
be conducted annually.
1. The test subject shall be allowed to pick the most comfortable
respirator from a selection including respirators of various sizes from
different manufacturers. The selection shall include at least three
sizes of elastomeric facepieces of the type of respirator that is to be
tested, i.e., three sizes of half mask; or three sizes of full
facepiece. Respirators of each size must be provided from at least two
manufacturers.
2. Prior to the selection process, the test subject shall be shown
how to put on a respirator, how it should be positioned on the face, how
to set strap tension and how to determine a comfortable fit. A mirror
shall be available to assist the subject in evaluating the fit and
positioning the respirator. This instruction may not constitute the
subject's formal training on respirator use, as it is only a review.
3. The test subject shall be informed that he/she is being asked to
select the respirator which provides the most comfortable fit. Each
respirator represents a different size and shape, and if fitted,
maintained and used properly, will provide adequate protection.
4. The test subject shall be instructed to hold each facepiece up to
the face and eliminate those which obviously do not give a comfortable
fit.
5. The more comfortable facepieces are noted; the most comfortable
mask is donned and worn at least five minutes to assess comfort.
Assistance in assessing comfort can be given by discussing the points in
item 6 below. If the test subject is not familiar with using a
particular respirator, the test subject shall be directed to don the
mask several times and to adjust the straps each time to become adept at
setting proper tension on the straps.
6. Assessment of comfort shall include reviewing the following
points with the test subject and allowing the test subject adequate time
to determine the comfort of the respirator:
(a) position of the mask on the nose;
(b) room for eye protection;
(c) room to talk; and
(d) position of mask on face and cheeks.
7. The following criteria shall be used to help determine the
adequacy of the respirator fit:
(a) chin properly placed;
(b) adequate strap tension, not overly tightened;
(c) fit across nose bridge;
(d) respirator of proper size to span distance from nose to chin;
(e) tendency of respirator to slip; and
(f) self-observation in mirror to evaluate fit and respirator
position.
8. The test subject shall conduct the negative and positive pressure
fit checks as described below or in ANSI Z88.2-1980. Before conducting
the negative or positive pressure test, the subject shall be told to
seat the mask on the face by moving the head from side-to-side and up
and down slowly while taking in a few slow deep breaths. Another
facepiece shall be selected and retested if the test subject fails the
fit check tests.
(a) Positive pressure check. Close off the exhalation valve and
exhale gently into the facepiece. The face fit is considered
satisfactory if a slight positive pressure can be built up inside the
facepiece without any evidence of outward leakage of air at the seal.
For most respirators this method of leak testing requires the wearer to
first remove the exhalation valve cover before closing off the
exhalation valve and then carefully replacing it after the test.
(b) Negative pressure check. Close off the inlet opening of the
canister or cartridge(s) by covering with the palm of the hand(s) or by
replacing the filter seal(s), inhale gently so that the facepiece
collapses slightly, and hold the breath for ten seconds. If the
facepiece remains in its slightly collapsed condition and no inward
leakage of air is detected, the tightness of the respirator is
considered satisfactory.
9. The test shall not be conducted if there is any hair growth
between the skin and the facepiece sealing surface, such as stubble
beard growth, beard, or long sideburns which cross the respirator
sealing surface. Any type of apparel which interferes with a
satisfactory fit shall be altered or removed.
10. If a test subject exhibits difficulty in breathing during the
tests, she or he shall be referred to a physician to determine whether
the test subject can wear a respirator while performing her or his
duties.
11. If at any time within the first two week of use the respirator
becomes uncomfortable, the test subject shall be given the opportunity
to select a different facepiece and to be retested.
12. The employer shall maintain a record of the fit test
administered to an employee.
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The record shall contain at least the following information:
(a) name of employee;
(b) type of respirator;
(c) brand, size of respirator;
(d) date of test;
(e) where QNFT is used: the fit factor, strip chart recording or
other recording of the results of the test. The record shall be
maintained until the next fit test is administered.
13. Exercise regimen. Prior to the commencement of the fit test, the
test subject shall be given a description of the fit test and the test
subject's responsibilities during the test procedure. The description of
the process shall include a description of the test exercises that the
subject will be performing. The respirator to be tested shall be worn
for at least 5 minutes before the start of the fit test.
14. Test Exercises. The test subject shall perform exercises, in the
test environment, in the manner described below:
(a) Normal breathing. In a normal standing position, without
talking, the subject shall breathe normally.
(b) Deep breathing. In a normal standing position, the subject shall
breathe slowly and deeply, taking caution so as to not hyperventilate.
(c) Turning head side to side. Standing in place, the subject shall
slowly turn his/her head from side to side between the extreme positions
on each side. The head shall be held at each extreme momentarily so the
subject can inhale at each side.
(d) Moving head up and down. Standing in place, the subject shall
slowly move his/her head up and down. The subject shall be instructed to
inhale in the up position (i.e., when looking toward the ceiling).
(e) Talking. The subject shall talk out loud slowly and loud enough
so as to be heard clearly by the test conductor. The subject can read
from a prepared text such as the Rainbow Passage (see below), count
backward from 100, or recite a memorized poem or song.
Rainbow Passage
When the sunlight strikes raindrops in the air, they act like a
prism and form a rainbow. The rainbow is a division of white light into
many beautiful colors. These take the shape of a long round arch, with
its path high above, and its two ends apparently beyond the horizon.
There is, according to legend, a boiling pot of gold at one end. People
look, but no one ever finds it. When a man looks for something beyond
reach, his friends say he is looking for the pot of gold at the end of
the rainbow.
(f) Grimace. The test subject shall grimace by smiling or frowning.
(g) Bending over. The test subject shall bend at the waist as if he/
she were to touch his/her toes. Jogging in place shall be substituted
for this exercise in those test environments such as shroud type QNFT
units which prohibit bending at the waist.
(h) Normal breathing. Same as exercise 1.
Each test exercise shall be performed for one minute except for the
grimace exercise which shall be performed for 15 seconds. The test
subject shall be questioned by the test conductor regarding the comfort
of the respirator upon completion of the protocol. If it has become
uncomfortable, another model of respirator shall be tried.
B. Qualitative Fit Test (QLFT) Protocols. 1. General (a) The
employer shall assign specific individuals who shall assume full
responsibility for implementing the respirator qualitative fit test
program.
(b) The employer shall ensure that persons administering QLFT are
able to prepare test solutions, calibrate equipment and perform tests
properly, recognize invalid tests, and assure that test equipment is in
proper working order.
(c) The employer shall assure that QLFT equipment is kept clean and
well maintained so as to operate at the parameters for which it was
designed.
2. Isoamyl Acetate Protocol. (a) Odor threshold screening. The odor
threshold screening test, performed without wearing a respirator, is
intended to determine if the individual tested can detect the odor of
isoamyl acetate.
(1) Three 1 liter glass jars with metal lids are required.
(2) Odor free water (e.g. distilled or spring water) at
approximately 25 degrees C shall be used for the solutions.
(3) The isoamyl acetate (IAA) (also known at isopentyl acetate)
stock solution is prepared by adding 1 cc of pure IAA to 800 cc of odor
free water in a 1 liter jar and shaking for 30 seconds. A new solution
shall be prepared at least weekly.
(4) The screening test shall be conducted in a room separate from
the room used for actual fit testing. The two rooms shall be well
ventilated but shall not be connected to the same recirculating
ventilation system.
(5) The odor test solution is prepared in a second jar by placing
0.4 cc of the stock solution into 500 cc of odor free water using a
clean dropper or pipette. The solution shall be shaken for 30 seconds
and allowed to stand for two to three minutes so that the IAA
concentration above the liquid may reach equilibrium. This solution
shall be used for only one day.
(6) A test blank shall be prepared in a third jar by adding 500 cc
of odor free water.
(7) The odor test and test blank jars shall be labeled 1 and 2 for
jar identification. Labels shall be placed on the lids so they can be
periodically peeled, dried off and switched to maintain the integrity of
the test.
(8) The following instruction shall be typed on a card and placed on
the table in front of
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the two test jars (i.e., 1 and 2): ``The purpose of this test is to
determine if you can smell banana oil at a low concentration. The two
bottles in front of you contain water. One of these bottles also
contains a small amount of banana oil. Be sure the covers are on tight,
then shake each bottle for two seconds. Unscrew the lid of each bottle,
one at a time, and sniff at the mouth of the bottle. Indicate to the
test conductor which bottle contains banana oil.''
(9) The mixtures used in the IAA odor detection test shall be
prepared in an area separate from where the test is performed, in order
to prevent olfactory fatigue in the subject.
(10) If the test subject is unable to correctly identify the jar
containing the odor test solution, the IAA qualitative fit test shall
not be performed.
(11) If the test subject correctly identifies the jar containing the
odor test solution, the test subject may proceed to respirator selection
and fit testing.
(b) Isoamyl acetate fit test.
(1) The fit test chamber shall be similar to a clear 55-gallon drum
liner suspended inverted over a 2-foot diameter frame so that the top of
the chamber is about 6 inches above the test subject's head. The inside
top center of the chamber shall have a small hook attached.
(2) Each respirator used for the fitting and fit testing shall be
equipped with organic vapor cartridges or offer protection against
organic vapors. The cartridges or masks shall be changed at least
weekly.
(3) After selecting, donning, and properly adjusting a respirator,
the test subject shall wear it to the fit testing room. This room shall
be separate from the room used for odor threshold screening and
respirator selection, and shall be well ventilated, as by an exhaust fan
or lab hood, to prevent general room contamination.
(4) A copy of the test exercises and any prepared text from which
the subject is to read shall be taped to the inside of the test chamber.
(5) Upon entering the test chamber, the test subject shall be given
a 6-inch by 5-inch piece of paper towel, or other porous, absorbent,
single-ply material, folded in half and wetted with 0.75 cc of pure IAA.
The test subject shall hang the wet towel on the hook at the top of the
chamber.
(6) Allow two minutes for the IAA test concentration to stabilize
before starting the fit test exercises. This would be an appropriate
time to talk with the test subject; to explain the fit test, the
importance of his/her cooperation, and the purpose for the head
exercises; or to demonstrate some of the exercises.
(7) If at any time during the test, the subject detects the banana
like odor of IAA, the test has failed. The subject shall quickly exit
from the test chamber and leave the test area to avoid olfactory
fatigue.
(8) If the test has failed, the subject shall return to the
selection room and remove the respirator, repeat the odor sensitivity
test, select and put on another respirator, return to the test chamber
and again begin the procedure described in (I)(B)(2)(b) (1) through (7)
of this appendix. The process continues until a respirator that fits
well has been found. Should the odor sensitivity test be failed, the
subject shall wait about 5 minutes before retesting. Odor sensitivity
will usually have returned by this time.
(9) When a respirator is found that passes the test, its efficiency
shall be demonstrated for the subject by having the subject break the
face seal and take a breath before exiting the chamber.
(10) When the test subject leaves the chamber, the subject shall
remove the saturated towel and return it to the person conducting the
test. To keep the test area from becoming contaminated, the used towels
shall be kept in a self sealing bag so there is no significant IAA
concentration build-up in the test chamber during subsequent tests.
3. Saccharin Solution Aerosol Protocol. The entire screening and
testing procedure shall be explained to the test subject prior to the
conduct of the screening test.
(a) Taste threshold screening. The saccharin taste threshold
screening, performed without wearing a respirator, is intended to
determine whether the individual being tested can detect the taste of
saccharin.
(1) During threshold screening as well as during fit testing,
subjects shall wear an enclosure about the head and shoulders that is
approximately 12 inches in diameter by 14 inches tall with at least the
front portion clear and that allows free movements of the head when a
respirator is worn. An enclosure substantially similar to the 3M hood
assembly, parts # FT 14 and # FT 15 combined, is adequate.
(2) The test enclosure shall have a \3/4\ inch hole in front of the
test subject's nose and mouth area to accommodate the nebulizer nozzle.
(3) The test subject shall don the test enclosure. Throughout the
threshold screening test, the test subject shall breathe through his/her
wide open mouth with tongue extended.
(4) Using a DeVilbiss Model 40 Inhalation Medication Nebulizer the
test conductor shall spray the threshold check solution into the
enclosure. This nebulizer shall be clearly marked to distinguish it from
the fit test solution nebulizer.
(5) The threshold check solution consists of 0.83 grams of sodium
saccharin USP in 1 cc of warm water. It can be prepared by putting 1 cc
of the fit test solution (see (b)(5) below) in 100 cc of distilled
water.
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(6) To produce the aerosol, the nebulizer bulb is firmly squeezed so
that it collapses completely, then released and allowed to fully expand.
(7) Ten squeezes are repeated rapidly and then the test subject is
asked whether the saccharin can be tasted.
(8) If the first response is negative, ten more squeezes are
repeated rapidly and the test subject is again asked whether the
saccharin is tasted.
(9) If the second response is negative, ten more squeezes are
repeated rapidly and the test subject is again asked whether the
saccharin is tasted.
(10) The test conductor will take note of the number of squeezes
required to solicit a taste response.
(11) If the saccharin is not tasted after 30 squeezes (step 10), the
test subject may not perform the saccharin fit test.
(12) If a taste response is elicited, the test subject shall be
asked to take note of the taste for reference in the fit test.
(13) Correct use of the nebulizer means that approximately 1 cc of
liquid is used at a time in the nebulizer body.
(14) The nebulizer shall be thoroughly rinsed in water, shaken dry,
and refilled at least each morning and afternoon or at least every four
hours.
(b) Saccharin solution aerosol fit test procedure
(1) The test subject may not eat, drink (except plain water), or
chew gum for 15 minutes before the test.
(2) The fit test uses the same enclosure described in I. B. 3. (a)
of this appendix.
(3) The test subject shall don the enclosure while wearing the
respirator selected in section I. B. 3. (a) of this appendix. The
respirator shall be properly adjusted and equipped with a particulate
filter(s).
(4) A second DeVilbiss Model 40 Inhalation Medication Nebulizer is
used to spray the fit test solution into the enclosure. This nebulizer
shall be clearly marked to distinguish it from the screening test
solution nebulizer.
(5) The fit test solution is prepared by adding 83 grams of sodium
saccharin to 100 cc of warm water.
(6) As before, the test subject shall breathe through the wide open
mouth with tongue extended.
(7) The nebulizer is inserted into the hole in the front of the
enclosure and the fit test solution is sprayed into the enclosure using
the same number of squeezes required to elicit a taste response in the
screening test.
(8) After generating the aerosol the test subject shall be
instructed to perform the exercises in section I. A. 14 above.
(9) Every 30 seconds the aerosol concentration shall be replenished
using one half the number of squeezes as initially.
(10) The test subject shall indicate to the test conductor if at any
time during the fit test the taste of saccharin is detected.
(11) If the taste of saccharin is detected, the fit is deemed
unsatisfactory and a different respirator shall be tried.
(12) Successful completion of the test protocol shall allow the use
of the tested respirator in contaminated atmospheres up to 10 times the
PEL. In other words, this protocol may be used for assigned protection
factors no higher than 10.
4. Irritant Fume Protocol. (a) The respirator to be tested shall be
equipped with high-efficiency particulate air (HEPA) filters.
(b) The test subject shall be allowed to smell a weak concentration
of the irritant smoke before the respirator is donned to become familiar
with its characteristic odor.
(c) Break both ends of a ventilation smoke tube containing stannic
oxychloride, such as the MSA part No. 5645, or equivalent. Attach one
end of the smoke tube to a low flow air pump set to deliver 200
milliliters per minute.
(d) Advise the test subject that the smoke can be irritating to the
eyes and instruct the subject to keep his/her eyes closed while the test
is performed.
(e) The test conductor shall direct the stream of irritant smoke
from the smoke tube towards the face seal area of the test subject. He/
She shall begin at least 12 inches from the facepiece and gradually move
to within one inch, moving around the whole perimeter of the mask.
(f) The exercises identified in section I. A. 14 above shall be
performed by the test subject while the respirator seal is being
challenged by the smoke.
(g) Each test subject passing the smoke test without evidence of a
response shall be given a sensitivity check of the smoke from the same
tube once the respirator has been removed to determine whether he/she
reacts to the smoke. Failure to evoke a response shall void the fit
test.
(h) The fit test shall be performed in a location with exhaust
ventilation sufficient to prevent general contamination of the testing
area by the test agent.
C. Quantitative Fit Test (QNFT) Protocol. 1. General. (a) The
employer shall assign specific individuals who shall assume full
responsibility for implementing the respirator quantitative fit test
program.
(b) The employer shall ensure that persons administering QNFT are
able to calibrate equipment and perform tests properly, recognize
invalid tests, calculate fit factors properly and assure that test
equipment is in proper working order.
(c) The employer shall assure that QNFT equipment is kept clean and
well maintained so as to operate at the parameters for which it was
designed.
[[Page 121]]
2. Definitions. (a) Quantitative fit test. The test is performed in
a test chamber. The normal air-purifying element of the respirator is
replaced by a high-efficiency particulate air (HEPA) filter in the case
of particulate QNFT aerosols or a sorbent offering contaminant
penetration protection equivalent to high-efficiency filters where the
QNFT test agent is a gas or vapor.
(b) Challenge agent means the aerosol, gas or vapor introduced into
a test chamber so that its concentration inside and outside the
respirator may be measured.
(c) Test subject means the person wearing the respirator for
quantitative fit testing.
(d) Normal standing position means standing erect and straight with
arms down along the sides and looking straight ahead.
(e) Maximum peak penetration method means the method of determining
test agent penetration in the respirator as determined by strip chart
recordings of the test. The highest peak penetration for a given
exercise is taken to be representative of average penetration into the
respirator for that exercise.
(f) Average peak penetration method means the method of determining
test agent penetration into the respirator utilizing a strip chart
recorder, integrator, or computer. The agent penetration is determined
by an average of the peak heights on the graph or by computer
integration, for each exercise except the grimace exercise. Integrators
or computers which calculate the actual test agent penetration into the
respirator for each exercise will also be considered to meet the
requirements of the average peak penetration method.
(g) Fit Factor means the ration of challenge agent concentration
outside with respect to the inside of a respirator inlet covering
(facepiece or enclosure).
3. Apparatus. (a) Instrumentation. Aerosol generation, dilution, and
measurement systems using corn oil or sodium chloride as test aerosols
shall be used for quantitative fit testing.
(b) Test chamber. The test chamber shall be large enough to permit
all test subjects to perform freely all required exercises without
disturbing the challenge agent concentration or the measurement
apparatus. The test chamber shall be equipped and constructed so that
the challenge agent is effectively isolated from the ambient air, yet
uniform in concentration throughout the chamber.
(c) When testing air-purifying respirators, the normal filter or
cartridge element shall be replaced with a high-efficiency particulate
filter supplied by the same manufacturer.
(d) The sampling instrument shall be selected so that a strip chart
record may be made of the test showing the rise and fall of the
challenge agent concentration with each inspiration and expiration at
fit factors of at least 2,000. Integrators or computers which integrate
the amount of test agent penetration leakage into the respirator for
each exercise may be used provided a record of the readings is made.
(e) The combination of substitute air-purifying elements, challenge
agent and challenge agent concentration in the test chamber shall be
such that the test subject is not exposed in excess of an established
exposure limit for the challenge agent at any time during the testing
process.
(f) The sampling port on the test specimen respirator shall be
placed and constructed so that no leakage occurs around the port (e.g.
where the respirator is probed), a free air flow is allowed into the
sampling line at all times and so that there is no interference with the
fit or performance of the respirator.
(g) The test chamber and test set up shall permit the person
administering the test to observe the test subject inside the chamber
during the test.
(h) The equipment generating the challenge atmosphere shall maintain
the concentration of challenge agent inside the test chamber constant to
within a 10 percent variation for the duration of the test.
(i) The time lag (interval between an event and the recording of the
event on the strip chart or computer or integrator) shall be kept to a
minimum. There shall be a clear association between the occurrence of an
event inside the test chamber and its being recorded.
(j) The sampling line tubing for the test chamber atmosphere and for
the respirator sampling port shall be of equal diameter and of the same
material. The length of the two lines shall be equal.
(k) The exhaust flow from the test chamber shall pass through a
high-efficiency filter before release.
(l) When sodium chloride aerosol is used, the relative humidity
inside the test chamber shall not exceed 50 percent.
(m) The limitations of instrument detection shall be taken into
account when determining the fit factor.
(n) Test respirators shall be maintained in proper working order and
inspected for deficiencies such as cracks, missing valves and gaskets,
etc.
4. Procedural Requirements. (a) When performing the initial positive
or negative pressure test the sampling line shall be crimped closed in
order to avoid air pressure leakage during either of these tests.
(b) An abbreviated screening isoamyl acetate test or irritant fume
test may be utilized in order to quickly identify poor fitting
respirators which passed the positive and/or negative pressure test and
thus reduce the amount of QNFT time. When performing a screening isoamyl
acetate test, combination high-efficiency organic vapor cartridges/
canisters shall be used.
[[Page 122]]
(c) A reasonably stable challenge agent concentration shall be
measured in the test chamber prior to testing. For canopy or shower
curtain type of test units the determination of the challenge agent
stability may be established after the test subject has entered the test
environment.
(d) Immediately after the subject enters the test chamber, the
challenge agent concentration inside the respirator shall be measured to
ensure that the peak penetration does not exceed 5 percent for a half
mask or 1 percent for a full facepiece respirator.
(e) A stable challenge concentration shall be obtained prior to the
actual start of testing.
(f) Respirator restraining straps shall not be overtightened for
testing. The straps shall be adjusted by the wearer without assistance
from other persons to give a reasonable comfortable fit typical of
normal use.
(g) The test shall be terminated whenever any single peak
penetration exceeds 5 percent for half masks and 1 percent for full
facepiece respirators. The test subject shall be refitted and retested.
If two of the three required tests are terminated, the fit shall be
deemed inadequate.
(h) In order to successfully complete a QNFT, three successful fit
tests are required. The results of each of the three independent fit
tests must exceed the minimum fit factor needed for the class of
respirator (e.g. half mask respirator, full facepiece respirator).
(i) Calculation of fit factors.
(1) The fit factor shall be determined for the quantitative fit test
by taking the ratio of the average chamber concentration to the
concentration inside the respirator.
(2) The average test chamber concentration is the arithmetic average
of the test chamber concentration at the beginning and of the end of the
test.
(3) The concentration of the challenge agent inside the respirator
shall be determined by one of the following methods:
(i) Average peak concentration.
(ii) Maximum peak concentration.
(iii) Integration by calculation of the area under the individual peak
for each exercise. This includes computerized integration.
(j) Interpretation of test results. The fit factor established by
the quantitative fit testing shall be the lowest of the three fit factor
values calculated from the three required fit tests.
(k) The test subject shall not be permitted to wear a half mask, or
full facepiece respirator unless a minimum fit factor equivalent to at
least 10 times the hazardous exposure level is obtained.
(l) Filters used for quantitative fit testing shall be replaced at
least weekly, or whenever increased breathing resistance is encountered,
or when the test agent has altered the integrity of the filter media.
Organic vapor cartridges/canisters shall be replaced daily (when used)
or sooner if there is any indication of breakthrough by a test agent.
[58 FR 26627, May 4, 1993, as amended at 58 FR 34218, June 24, 1993; 61
FR 5510, Feb. 13, 1996]
Sec. 1926.64 Process safety management of highly hazardous chemicals.
Purpose. This section contains requirements for preventing or
minimizing the consequences of catastrophic releases of toxic, reactive,
flammable, or explosive chemicals. These releases may result in toxic,
fire or explosion hazards.
(a) Application. (1) This section applies to the following:
(i) A process which involves a chemical at or above the specified
threshold quantities listed in Appendix A to this section;
(ii) A process which involves a flammable liquid or gas (as defined
in Sec. 1926.59(c) of this part) on site in one location, in a quantity
of 10,000 pounds (4535.9 kg) or more except for:
(A) Hydrocarbon fuels used solely for workplace consumption as a
fuel (e.g., propane used for comfort heating, gasoline for vehicle
refueling), if such fuels are not a part of a process containing another
highly hazardous chemical covered by this standard;
(B) Flammable liquids stored in atmospheric tanks or transferred
which are kept below their normal boiling point without benefit of
chilling or refrigeration.
(2) This section does not apply to:
(i) Retail facilities;
(ii) Oil or gas well drilling or servicing operations; or,
(iii) Normally unoccupied remote facilities.
(b) Definitions. Atmospheric tank means a storage tank which has
been designed to operate at pressures from atmospheric through 0.5
p.s.i.g. (pounds per square inch gauge, 3.45 Kpa).
Boiling point means the boiling point of a liquid at a pressure of
14.7 pounds per square inch absolute (p.s.i.a.) (760 mm.). For the
purposes of this section, where an accurate boiling point is unavailable
for the material in question, or for mixtures which do not have a
[[Page 123]]
constant boiling point, the 10 percent point of a distillation performed
in accordance with the Standard Method of Test for Distillation of
Petroleum Products, ASTM D-86-62, may be used as the boiling point of
the liquid.
Catastrophic release means a major uncontrolled emission, fire, or
explosion, involving one or more highly hazardous chemicals, that
presents serious danger to employees in the workplace.
Facility means the buildings, containers or equipment which contain
a process.
Highly hazardous chemical means a substance possessing toxic,
reactive, flammable, or explosive properties and specified by paragraph
(a)(1) of this section.
Hot work means work involving electric or gas welding, cutting,
brazing, or similar flame or spark-producing operations.
Normally unoccupied remote facility means a facility which is
operated, maintained or serviced by employees who visit the facility
only periodically to check its operation and to perform necessary
operating or maintenance tasks. No employees are permanently stationed
at the facility. Facilities meeting this definition are not contiguous
with, and must be geographically remote from all other buildings,
processes or persons.
Process means any activity involving a highly hazardous chemical
including any use, storage, manufacturing, handling, or the on-site
movement of such chemicals, or combination of these activities. For
purposes of this definition, any group of vessels which are
interconnected and separate vessels which are located such that a highly
hazardous chemical could be involved in a potential release shall be
considered a single process.
Replacement in kind means a replacement which satisfies the design
specification.
Trade secret means any confidential formula, pattern, process,
device, information or compilation of information that is used in an
employer's business, and that gives the employer an opportunity to
obtain an advantage over competitors who do not know or use it. Appendix
D contained in Sec. 1926.59 sets out the criteria to be used in
evaluating trade secrets.
(c) Employee participation. (1) Employers shall develop a written
plan of action regarding the implementation of the employee
participation required by this paragraph.
(2) Employers shall consult with employees and their representatives
on the conduct and development of process hazards analyses and on the
development of the other elements of process safety management in this
standard.
(3) Employers shall provide to employees and their representatives
access to process hazard analyses and to all other information required
to be developed under this standard.
(d) Process safety information. In accordance with the schedule set
forth in paragraph (e)(1) of this section, the employer shall complete a
compilation of written process safety information before conducting any
process hazard analysis required by the standard. The compilation of
written process safety information is to enable the employer and the
employees involved in operating the process to identify and understand
the hazards posed by those processes involving highly hazardous
chemicals. This process safety information shall include information
pertaining to the hazards of the highly hazardous chemicals used or
produced by the process, information pertaining to the technology of the
process, and information pertaining to the equipment in the process.
(1) Information pertaining to the hazards of the highly hazardous
chemicals in the process. This information shall consist of at least the
following:
(i) Toxicity information;
(ii) Permissible exposure limits;
(iii) Physical data;
(iv) Reactivity data:
(v) Corrosivity data;
(vi) Thermal and chemical stability data; and
(vii) Hazardous effects of inadvertent mixing of different materials
that could foreseeably occur.
Note: Material Safety Data Sheets meeting the requirements of 29 CFR
1926.59(g) may be used to comply with this requirement to the extent
they contain the information required by this subparagraph.
[[Page 124]]
(2) Information pertaining to the technology of the process. (i)
Information concerning the technology of the process shall include at
least the following:
(A) A block flow diagram or simplified process flow diagram (see
Appendix B to this section);
(B) Process chemistry;
(C) Maximum intended inventory;
(D) Safe upper and lower limits for such items as temperatures,
pressures, flows or compositions; and,
(E) An evaluation of the consequences of deviations, including those
affecting the safety and health of employees.
(ii) Where the original technical information no longer exists, such
information may be developed in conjunction with the process hazard
analysis in sufficient detail to support the analysis.
(3) Information pertaining to the equipment in the process. (i)
Information pertaining to the equipment in the process shall include:
(A) Materials of construction;
(B) Piping and instrument diagrams (P&ID's);
(C) Electrical classification;
(D) Relief system design and design basis;
(E) Ventilation system design;
(F) Design codes and standards employed;
(G) Material and energy balances for processes built after May 26,
1992; and,
(H) Safety systems (e.g. interlocks, detection or suppression
systems).
(ii) The employer shall document that equipment complies with
recognized and generally accepted good engineering practices.
(iii) For existing equipment designed and constructed in accordance
with codes, standards, or practices that are no longer in general use,
the employer shall determine and document that the equipment is
designed, maintained, inspected, tested, and operating in a safe manner.
(e) Process hazard analysis. (1) The employer shall perform an
initial process hazard analysis (hazard evaluation) on processes covered
by this standard. The process hazard analysis shall be appropriate to
the complexity of the process and shall identify, evaluate, and control
the hazards involved in the process. Employers shall determine and
document the priority order for conducting process hazard analyses based
on a rationale which includes such considerations as extent of the
process hazards, number of potentially affected employees, age of the
process, and operating history of the process. The process hazard
analysis shall be conducted as soon as possible, but not later than the
following schedule:
(i) No less than 25 percent of the initial process hazards analyses
shall be completed by May 26, 1994;
(ii) No less than 50 percent of the initial process hazards analyses
shall be completed by May 26, 1995;
(iii) No less than 75 percent of the initial process hazards
analyses shall be completed by May 26, 1996;
(iv) All initial process hazards analyses shall be completed by May
26, 1997.
(v) Process hazards analyses completed after May 26, 1987 which meet
the requirements of this paragraph are acceptable as initial process
hazards analyses. These process hazard analyses shall be updated and
revalidated, based on their completion date, in accordance with
paragraph (e)(6) of this standard.
(2) The employer shall use one or more of the following
methodologies that are appropriate to determine and evaluate the hazards
of the process being analyzed.
(i) What-If;
(ii) Checklist;
(iii) What-If/Checklist;
(iv) Hazard and Operability Study (HAZOP);
(v) Failure Mode and Effects Analysis (FMEA);
(vi) Fault-Tree Analysis; or
(vii) An appropriate equivalent methodology.
(3) The process hazard analysis shall address:
(i) The hazards of the process;
(ii) The identification of any previous incident which had a likely
potential for catastrophic consequences in the workplace;
(iii) Engineering and administrative controls applicable to the
hazards and their interrelationships such as appropriate application of
detection methodologies to provide early warning of
[[Page 125]]
releases. (Acceptable detection methods might include process monitoring
and control instrumentation with alarms, and detection hardware such as
hydrocarbon sensors.);
(iv) Consequences of failure of engineering and administrative
controls;
(v) Facility siting;
(vi) Human factors; and
(vii) A qualitative evaluation of a range of the possible safety and
health effects of failure of controls on employees in the workplace.
(4) The process hazard analysis shall be performed by a team with
expertise in engineering and process operations, and the team shall
include at least one employee who has experience and knowledge specific
to the process being evaluated. Also, one member of the team must be
knowledgeable in the specific process hazard analysis methodology being
used.
(5) The employer shall establish a system to promptly address the
team's findings and recommendations; assure that the recommendations are
resolved in a timely manner and that the resolution is documented;
document what actions are to be taken; complete actions as soon as
possible; develop a written schedule of when these actions are to be
completed; communicate the actions to operating, maintenance and other
employees whose work assignments are in the process and who may be
affected by the recommendations or actions.
(6) At least every five (5) years after the completion of the
initial process hazard analysis, the process hazard analysis shall be
updated and revalidated by a team meeting the requirements in paragraph
(e)(4) of this section, to assure that the process hazard analysis is
consistent with the current process.
(7) Employers shall retain process hazards analyses and updates or
revalidations for each process covered by this section, as well as the
documented resolution of recommendations described in paragraph (e)(5)
of this section for the life of the process.
(f) Operating procedures. (1) The employer shall develop and
implement written operating procedures that provide clear instructions
for safely conducting activities involved in each covered process
consistent with the process safety information and shall address at
least the following elements.
(i) Steps for each operating phase:
(A) Initial startup;
(B) Normal operations;
(C) Temporary operations;
(D) Emergency shutdown including the conditions under which
emergency shutdown is required, and the assignment of shutdown
responsibility to qualified operators to ensure that emergency shutdown
is executed in a safe and timely manner.
(E) Emergency operations;
(F) Normal shutdown; and,
(G) Startup following a turnaround, or after an emergency shutdown.
(ii) Operating limits:
(A) Consequences of deviation; and
(B) Steps required to correct or avoid deviation.
(iii) Safety and health considerations:
(A) Properties of, and hazards presented by, the chemicals used in
the process;
(B) Precautions necessary to prevent exposure, including engineering
controls, administrative controls, and personal protective equipment;
(C) Control measures to be taken if physical contact or airborne
exposure occurs;
(D) Quality control for raw materials and control of hazardous
chemical inventory levels; and,
(E) Any special or unique hazards.
(iv) Safety systems and their functions.
(2) Operating procedures shall be readily accessible to employees
who work in or maintain a process.
(3) The operating procedures shall be reviewed as often as necessary
to assure that they reflect current operating practice, including
changes that result from changes in process chemicals, technology, and
equipment, and changes to facilities. The employer shall certify
annually that these operating procedures are current and accurate.
(4) The employer shall develop and implement safe work practices to
provide for the control of hazards during operations such as lockout/
tagout; confined space entry; opening process equipment or piping; and
control over
[[Page 126]]
entrance into a facility by maintenance, contractor, laboratory, or
other support personnel. These safe work practices shall apply to
employees and contractor employees.
(g) Training--(1) Initial training. (i) Each employee presently
involved in operating a process, and each employee before being involved
in operating a newly assigned process, shall be trained in an overview
of the process and in the operating procedures as specified in paragraph
(f) of this section. The training shall include emphasis on the specific
safety and health hazards, emergency operations including shutdown, and
safe work practices applicable to the employee's job tasks.
(ii) In lieu of initial training for those employees already
involved in operating a process on May 26, 1992, an employer may certify
in writing that the employee has the required knowledge, skills, and
abilities to safely carry out the duties and responsibilities as
specified in the operating procedures.
(2) Refresher training. Refresher training shall be provided at
least every three years, and more often if necessary, to each employee
involved in operating a process to assure that the employee understands
and adheres to the current operating procedures of the process. The
employer, in consultation with the employees involved in operating the
process, shall determine the appropriate frequency of refresher
training.
(3) Training documentation. The employer shall ascertain that each
employee involved in operating a process has received and understood the
training required by this paragraph. The employer shall prepare a record
which contains the identity of the employee, the date of training, and
the means used to verify that the employee understood the training.
(h) Contractors--(1) Application. This paragraph applies to
contractors performing maintenance or repair, turnaround, major
renovation, or specialty work on or adjacent to a covered process. It
does not apply to contractors providing incidental services which do not
influence process safety, such as janitorial work, food and drink
services, laundry, delivery or other supply services.
(2) Employer responsibilities. (i) The employer, when selecting a
contractor, shall obtain and evaluate information regarding the contract
employer's safety performance and programs.
(ii) The employer shall inform contract employers of the known
potential fire, explosion, or toxic release hazards related to the
contractor's work and the process.
(iii) The employer shall explain to contract employers the
applicable provisions of the emergency action plan required by paragraph
(n) of this section.
(iv) The employer shall develop and implement safe work practices
consistent with paragraph (f)(4) of this section, to control the
entrance, presence and exit of contract employers and contract employees
in covered process areas.
(v) The employer shall periodically evaluate the performance of
contract employers in fulfilling their obligations as specified in
paragraph (h)(3) of this section.
(vi) The employer shall maintain a contract employee injury and
illness log related to the contractor's work in process areas.
(3) Contract employer responsibilities. (i) The contract employer
shall assure that each contract employee is trained in the work
practices necessary to safely perform his/her job.
(ii) The contract employer shall assure that each contract employee
is instructed in the known potential fire, explosion, or toxic release
hazards related to his/her job and the process, and the applicable
provisions of the emergency action plan.
(iii) The contract employer shall document that each contract
employee has received and understood the training required by this
paragraph. The contract employer shall prepare a record which contains
the identity of the contract employee, the date of training, and the
means used to verify that the employee understood the training.
[[Page 127]]
(iv) The contract employer shall assure that each contract employee
follows the safety rules of the facility including the safe work
practices required by paragraph (f)(4) of this section.
(v) The contract employer shall advise the employer of any unique
hazards presented by the contract employer's work, or of any hazards
found by the contract employer's work.
(i) Pre-startup safety review. (1) The employer shall perform a pre-
startup safety review for new facilities and for modified facilities
when the modification is significant enough to require a change in the
process safety information.
(2) The pre-startup safety review shall confirm that prior to the
introduction of highly hazardous chemicals to a process:
(i) Construction and equipment is in accordance with design
specifications;
(ii) Safety, operating, maintenance, and emergency procedures are in
place and are adequate;
(iii) For new facilities, a process hazard analysis has been
performed and recommendations have been resolved or implemented before
startup; and modified facilities meet the requirements contained in
management of change, paragraph (l).
(iv) Training of each employee involved in operating a process has
been completed.
(j) Mechanical integrity--(1) Application. Paragraphs (j)(2) through
(j)(6) of this section apply to the following process equipment:
(i) Pressure vessels and storage tanks;
(ii) Piping systems (including piping components such as valves);
(iii) Relief and vent systems and devices;
(iv) Emergency shutdown systems;
(v) Controls (including monitoring devices and sensors, alarms, and
interlocks) and,
(vi) Pumps.
(2) Written procedures. The employer shall establish and implement
written procedures to maintain the on-going integrity of process
equipment.
(3) Training for process maintenance activities. The employer shall
train each employee involved in maintaining the on-going integrity of
process equipment in an overview of that process and its hazards and in
the procedures applicable to the employee's job tasks to assure that the
employee can perform the job tasks in a safe manner.
(4) Inspection and testing. (i) Inspections and tests shall be
performed on process equipment.
(ii) Inspection and testing procedures shall follow recognized and
generally accepted good engineering practices.
(iii) The frequency of inspections and tests of process equipment
shall be consistent with applicable manufacturers' recommendations and
good engineering practices, and more frequently if determined to be
necessary by prior operating experience.
(iv) The employer shall document each inspection and test that has
been performed on process equipment. The documentation shall identify
the date of the inspection or test, the name of the person who performed
the inspection or test, the serial number or other identifier of the
equipment on which the inspection or test was performed, a description
of the inspection or test performed, and the results of the inspection
or test.
(5) Equipment deficiencies. The employer shall correct deficiencies
in equipment that are outside acceptable limits (defined by the process
safety information in paragraph (d) of this section) before further use
or in a safe and timely manner when necessary means are taken to assure
safe operation.
(6) Quality assurance. (i) In the construction of new plants and
equipment, the employer shall assure that equipment as it is fabricated
is suitable for the process application for which they will be used.
(ii) Appropriate checks and inspections shall be performed to assure
that equipment is installed properly and consistent with design
specifications and the manufacturer's instructions.
(iii) The employer shall assure that maintenance materials, spare
parts and equipment are suitable for the process application for which
they will be used.
(k) Hot work permit. (1) The employer shall issue a hot work permit
for hot work operations conducted on or near a covered process.
[[Page 128]]
(2) The permit shall document that the fire prevention and
protection requirements in 29 CFR 1926.352 have been implemented prior
to beginning the hot work operations; it shall indicate the date(s)
authorized for hot work; and identify the object on which hot work is to
be performed. The permit shall be kept on file until completion of the
hot work operations.
(l) Management of change. (1) The employer shall establish and
implement written procedures to manage changes (except for
``replacements in kind'') to process chemicals, technology, equipment,
and procedures; and, changes to facilities that affect a covered
process.
(2) The procedures shall assure that the following considerations
are addressed prior to any change:
(i) The technical basis for the proposed change;
(ii) Impact of change on safety and health;
(iii) Modifications to operating procedures;
(iv) Necessary time period for the change; and,
(v) Authorization requirements for the proposed change.
(3) Employees involved in operating a process and maintenance and
contract employees whose job tasks will be affected by a change in the
process shall be informed of, and trained in, the change prior to start-
up of the process or affected part of the process.
(4) If a change covered by this paragraph results in a change in the
process safety information required by paragraph (d) of this section,
such information shall be updated accordingly.
(5) If a change covered by this paragraph results in a change in the
operating procedures or practices required by paragraph (f) of this
section, such procedures or practices shall be updated accordingly.
(m) Incident investigation. (1) The employer shall investigate each
incident which resulted in, or could reasonably have resulted in a
catastrophic release of highly hazardous chemical in the workplace.
(2) An incident investigation shall be initiated as promptly as
possible, but not later than 48 hours following the incident.
(3) An incident investigation team shall be established and consist
of at least one person knowledgeable in the process involved, including
a contract employee if the incident involved work of the contractor, and
other persons with appropriate knowledge and experience to thoroughly
investigate and analyze the incident.
(4) A report shall be prepared at the conclusion of the
investigation which includes at a minimum:
(i) Date of incident;
(ii) Date investigation began;
(iii) A description of the incident;
(iv) The factors that contributed to the incident; and,
(v) Any recommendations resulting from the investigation.
(5) The employer shall establish a system to promptly address and
resolve the incident report findings and recommendations. Resolutions
and corrective actions shall be documented.
(6) The report shall be reviewed with all affected personnel whose
job tasks are relevant to the incident findings including contract
employees where applicable.
(7) Incident investigation reports shall be retained for five years.
(n) Emergency planning and response. The employer shall establish
and implement an emergency action plan for the entire plant in
accordance with the provisions of 29 CFR 1926.35(a). In addition, the
emergency action plan shall include procedures for handling small
releases. Employers covered under this standard may also be subject to
the hazardous waste and emergency response provisions contained in 29
CFR 1926.65(a), (p) and (q).
(o) Compliance audits. (1) Employers shall certify that they have
evaluated compliance with the provisions of this section at least every
three years to verify that the procedures and practices developed under
the standard are adequate and are being followed.
(2) The compliance audit shall be conducted by at least one person
knowledgeable in the process.
(3) A report of the findings of the audit shall be developed.
(4) The employer shall promptly determine and document an
appropriate response to each of the findings of the
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compliance audit, and document that deficiencies have been corrected.
(5) Employers shall retain the two (2) most recent compliance audit
reports.
(p) Trade secrets. (1) Employers shall make all information
necessary to comply with the section available to those persons
responsible for compiling the process safety information (required by
paragraph (d) of this section), those assisting in the development of
the process hazard analysis (required by paragraph (e) of this section),
those responsible for developing the operating procedures (required by
paragraph (f) of this section), and those involved in incident
investigations (required by paragraph (m) of this section), emergency
planning and response (paragraph (n) of this section) and compliance
audits (paragraph (o) of this section) without regard to possible trade
secret status of such information.
(2) Nothing in this paragraph shall preclude the employer from
requiring the persons to whom the information is made available under
paragraph (p)(1) of this section to enter into confidentiality
agreements not to disclose the information as set forth in 29 CFR
1926.59.
(3) Subject to the rules and procedures set forth in 29 CFR
1926.59(i) (1) through (12), employees and their designated
representatives shall have access to trade secret information contained
within the process hazard analysis and other documents required to be
developed by this standard.
Appendix A to Sec. 1926.64--List of Highly Hazardous Chemicals, Toxics
and Reactives (Mandatory)
This Appendix contains a listing of toxic and reactive highly
hazardous chemicals which present a potential for a catastrophic event
at or above the threshold quantity.
------------------------------------------------------------------------
Chemical Name CAS* TQ**
------------------------------------------------------------------------
Acetaldehyde....................................... 75-07-0 2500
Acrolein (2-Propenal).............................. 107-02-8 150
Acrylyl Chloride................................... 814-68-6 250
Allyl Chloride..................................... 107-05-1 1000
Allylamine......................................... 107-11-9 1000
Alkylaluminums..................................... Varies 5000
Ammonia, Anhydrous................................. 7664-41-7 10000
Ammonia solutions (greater than 44% ammonia by
weight)........................................... 7664-41-7 15000
Ammonium Perchlorate............................... 7790-98-9 500
Ammonium Permanganate.............................. 7787-36-2 7500
Arsine (also called Arsenic Hydride)............... 7784-42-1 100
Bis(Chloromethyl) Ether............................ 542-88-1 100
Boron Trichloride.................................. 10294-34-5 2500
Boron Trifluoride.................................. 7637-07-2 250
Bromine............................................ 7726-95-6 1500
Bromine Chloride................................... 13863-41-7 1500
Bromine Pentafluoride.............................. 7789-30-2 2500
Bromine Trifluoride................................ 7787-71-5 15000
3-Bromopropyne (also called Propargyl Bromide)..... 106-96-7 100
Butyl Hydroperoxide (Tertiary)..................... 75-91-2 5000
Butyl Perbenzoate (Tertiary)....................... 614-45-9 7500
Carbonyl Chloride (see Phosgene)................... 75-44-5 100
* Carbonyl Fluoride................................ 353-50-4 2500
Cellulose Nitrate (concentration greater than 12.6%
nitrogen.......................................... 9004-70-0 2500
Chlorine........................................... 7782-50-5 1500
Chlorine Dioxide................................... 10049-04-4 1000
Chlorine Pentrafluoride............................ 13637-63-3 1000
Chlorine Trifluoride............................... 7790-91-2 1000
Chlorodiethylaluminum (also called Diethylaluminum
Chloride)......................................... 96-10-6 5000
1-Chloro-2,4-Dinitrobenzene........................ 97-00-7 5000
Chloromethyl Methyl Ether.......................... 107-30-2 500
Chloropicrin....................................... 76-06-2 500
Chloropicrin and Methyl Bromide mixture............ None 1500
Chloropicrin and Methyl Chloride mixture........... None 1500
Cumene Hydroperoxide............................... 80-15-9 5000
Cyanogen........................................... 460-19-5 2500
Cyanogen Chloride.................................. 506-77-4 500
Cyanuric Fluoride.................................. 675-14-9 100
Diacetyl Peroxide (concentration greater than 70%). 110-22-5 5000
Diazomethane....................................... 334-88-3 500
Dibenzoyl Peroxide................................. 94-36-0 7500
Diborane........................................... 19287-45-7 100
Dibutyl Peroxide (Tertiary)........................ 110-05-4 5000
Dichloro Acetylene................................. 7572-29-4 250
Dichlorosilane..................................... 4109-96-0 2500
Diethylzinc........................................ 557-20-0 10000
Diisopropyl Peroxydicarbonate...................... 105-64-6 7500
Dilauroyl Peroxide................................. 105-74-8 7500
Dimethyldichlorosilane............................. 75-78-5 1000
Dimethylhydrazine, 1,1-............................ 57-14-7 1000
Dimethylamine, Anhydrous........................... 124-40-3 2500
2,4-Dinitroaniline................................. 97-02-9 5000
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl
Ketone Peroxide; concentration greater than 60%).. 1338-23-4 5000
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Ethyl Nitrite...................................... 109-95-5 5000
Ethylamine......................................... 75-04-7 7500
Ethylene Fluorohydrin.............................. 371-62-0 100
Ethylene Oxide..................................... 75-21-8 5000
Ethyleneimine...................................... 151-56-4 1000
Fluorine........................................... 7782-41-4 1000
Formaldehyde (Formalin)............................ 50-00-0 1000
Furan.............................................. 110-00-9 500
Hexafluoroacetone.................................. 684-16-2 5000
Hydrochloric Acid, Anhydrous....................... 7647-01-0 5000
Hydrofluoric Acid, Anhydrous....................... 7664-39-3 1000
Hydrogen Bromide................................... 10035-10-6 5000
Hydrogen Chloride.................................. 7647-01-0 5000
Hydrogen Cyanide, Anhydrous........................ 74-90-8 1000
Hydrogen Fluoride.................................. 7664-39-3 1000
Hydrogen Peroxide (52% by weight or greater)....... 7722-84-1 7500
Hydrogen Selenide.................................. 7783-07-5 150
Hydrogen Sulfide................................... 7783-06-4 1500
Hydroxylamine...................................... 7803-49-8 2500
Iron, Pentacarbonyl................................ 13463-40-6 250
Isopropylamine..................................... 75-31-0 5000
Ketene............................................. 463-51-4 100
Methacrylaldehyde.................................. 78-85-3 1000
Methacryloyl Chloride.............................. 920-46-7 150
Methacryloyloxyethyl Isocyanate.................... 30674-80-7 100
Methyl Acrylonitrile............................... 126-98-7 250
Methylamine, Anhydrous............................. 74-89-5 1000
Methyl Bromide..................................... 74-83-9 2500
Methyl Chloride.................................... 74-87-3 15000
Methyl Chloroformate............................... 79-22-1 500
Methyl Ethyl Ketone Peroxide (concentration greater
than 60%)......................................... 1338-23-4 5000
Methyl Fluoroacetate............................... 453-18-9 100
Methyl Fluorosulfate............................... 421-20-5 100
Methyl Hydrazine................................... 60-34-4 100
Methyl Iodide...................................... 74-88-4 7500
Methyl Isocyanate.................................. 624-83-9 250
Methyl Mercaptan................................... 74-93-1 5000
Methyl Vinyl Ketone................................ 79-84-4 100
Methyltrichlorosilane.............................. 75-79-6 500
Nickel Carbonly (Nickel Tetracarbonyl)............. 13463-39-3 150
Nitric Acid (94.5% by weight or greater)........... 7697-37-2 500
Nitric Oxide....................................... 10102-43-9 250
Nitroaniline (para Nitroaniline.................... 100-01-6 5000
Nitromethane....................................... 75-52-5 2500
Nitrogen Dioxide................................... 10102-44-0 250
Nitrogen Oxides (NO; NO(2); N2O4; N2O3)............ 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen Peroxide). 10544-72-6 250
Nitrogen Trifluoride............................... 7783-54-2 5000
Nitrogen Trioxide.................................. 10544-73-7 250
Oleum (65% to 80% by weight; also called Fuming
Sulfuric Acid).................................... 8014-94-7 1000
Osmium Tetroxide................................... 20816-12-0 100
Oxygen Difluoride (Fluorine Monoxide).............. 7783-41-7 100
Ozone.............................................. 10028-15-6 100
Pentaborane........................................ 19624-22-7 100
Peracetic Acid (concentration greater 60% Acetic
Acid; also called Peroxyacetic Acid).............. 79-21-0 1000
Perchloric Acid (concentration greater than 60% by
weight)........................................... 7601-90-3 5000
Perchloromethyl Mercaptan.......................... 594-42-3 150
Perchloryl Fluoride................................ 7616-94-6 5000
Peroxyacetic Acid (concentration greater than 60%
Acetic Acid; also called Peracetic Acid).......... 79-21-0 1000
Phosgene (also called Carbonyl Chloride)........... 75-44-5 100
Phosphine (Hydrogen Phosphide)..................... 7803-51-2 100
Phosphorus Oxychloride (also called Phosphoryl
Chloride)......................................... 10025-87-3 1000
Phosphorus Trichloride............................. 7719-12-2 1000
Phosphoryl Chloride (also called Phosphorus
Oxychloride)...................................... 10025-87-3 1000
Propargyl Bromide.................................. 106-96-7 100
Propyl Nitrate..................................... 627-3-4 2500
Sarin.............................................. 107-44-8 100
Selenium Hexafluoride.............................. 7783-79-1 1000
Stibine (Antimony Hydride)......................... 7803-52-3 500
Sulfur Dioxide (liquid)............................ 7446-09-5 1000
Sulfur Pentafluoride............................... 5714-22-7 250
Sulfur Tetrafluoride............................... 7783-60-0 250
Sulfur Trioxide (also called Sulfuric Anhydride)... 7446-11-9 1000
Sulfuric Anhydride (also called Sulfur Trioxide)... 7446-11-9 1000
Tellurium Hexafluoride............................. 7783-80-4 250
Tetrafluoroethylene................................ 116-14-3 5000
Tetrafluorohydrazine............................... 10036-47-2 5000
Tetramethyl Lead................................... 75-74-1 1000
Thionyl Chloride................................... 7719-09-7 250
Trichloro (chloromethyl) Silane.................... 1558-25-4 100
Trichloro (dichlorophenyl) Silane.................. 27137-85-5 2500
Trichlorosilane.................................... 10025-78-2 5000
Trifluorochloroethylene............................ 79-38-9 10000
Trimethyoxysilane.................................. 2487-90-3 1500
------------------------------------------------------------------------
* Chemical Abstract Service Number
** Threshold Quantity in Pounds (Amount necessary to be covered by this
standard.)
[[Page 131]]
Appendix B to Sec. 1926.64--Block Flow Diagram and Simplified Process
Flow Diagram (Nonmandatory)
[GRAPHIC] [TIFF OMITTED] TC30OC91.008
[[Page 132]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.009
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Appendix C to Sec. 1926.64--Compliance Guidelines and Recommendations
for Process Safety Management (Nonmandatory)
This appendix serves as a nonmandatory guideline to assist employers
and employees in complying with the requirements of this section, as
well as provides other helpful recommendations and information. Examples
presented in this appendix are not the only means of achieving the
performance goals in the standard. This appendix neither adds nor
detracts from the requirements of the standard.
1. Introduction to Process Safety Management. The major objective of
process safety management of highly hazardous chemicals is to prevent
unwanted releases of hazardous chemicals especially into locations which
could expose employees and others to serious hazards. An effective
process safety management program requires a systematic approach to
evaluating the whole process. Using this approach the process design,
process technology, operational and maintenance activities and
procedures, nonroutine activities and procedures, emergency preparedness
plans and procedures, training programs, and other elements which impact
the process are all considered in the evaluation. The various lines of
defense that have been incorporated into the design and operation of the
process to prevent or mitigate the release of hazardous chemicals need
to be evaluated and strengthened to assure their effectiveness at each
level. Process safety management is the proactive identification,
evaluation and mitigation or prevention of chemical releases that could
occur as a result of failures in process, procedures or equipment.
The process safety management standard targets highly hazardous
chemicals that have the potential to cause a catastrophic incident. This
standard as a whole is to aid employers in their efforts to prevent or
mitigate episodic chemical releases that could lead to a catastrophe in
the workplace and possibly to the surrounding community. To control
these types of hazards, employers need to develop the necessary
expertise, experiences, judgement and proactive initiative within their
workforce to properly implement and maintain an effective process safety
management program as envisioned in the OSHA standard. This OSHA
standard is required by the Clean Air Act Amendments as is the
Environmental Protection Agency's Risk Management Plan. Employers, who
merge the two sets of requirements into their process safety management
program, will better assure full compliance with each as well as
enhancing their relationship with the local community.
While OSHA believes process safety management will have a positive
effect on the safety of employees in workplaces and also offers other
potential benefits to employers (increased productivity), smaller
businesses which may have limited resources available to them at this
time, might consider alternative avenues of decreasing the risks
associated with highly hazardous chemicals at their workplaces. One
method which might be considered is the reduction in the inventory of
the highly hazardous chemical. This reduction in inventory will result
in a reduction of the risk or potential for a catastrophic incident.
Also, employers including small employers may be able to establish more
efficient inventory control by reducing the quantities of highly
hazardous chemicals on site below the established threshold quantities.
This reduction can be accomplished by ordering smaller shipments and
maintaining the minimum inventory necessary for efficient and safe
operation. When reduced inventory is not feasible, then the employer
might consider dispersing inventory to several locations on site.
Dispersing storage into locations where a release in one location will
not cause a release in another location is a practical method to also
reduce the risk or potential for catastrophic incidents.
2. Employee Involvement in Process Safety Management. Section 304 of
the Clean Air Act Amendments states that employers are to consult with
their employees and their representatives regarding the employers
efforts in the development and implementation of the process safety
management program elements and hazard assessments. Section 304 also
requires employers to train and educate their employees and to inform
affected employees of the findings from incident investigations required
by the process safety management program. Many employers, under their
safety and health programs, have already established means and methods
to keep employees and their representatives informed about relevant
safety and health issues and employers may be able to adapt these
practices and procedures to meet their obligations under this standard.
Employers who have not implemented an occupational safety and health
program may wish to form a safety and health committee of employees and
management representatives to help the employer meet the obligations
specified by this standard. These committees can become a significant
ally in helping the employer to implement and maintain an effective
process safety management program for all employees.
3. Process Safety Information. Complete and accurate written
information concerning process chemicals, process technology, and
process equipment is essential to an effective process safety management
program and to a process hazards analysis. The compiled information will
be a necessary resource to a variety of users including the team that
will perform the process hazards analysis as required under paragraph
(e); those developing
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the training programs and the operating procedures; contractors whose
employees will be working with the process; those conducting the pre-
startup reviews; local emergency preparedness planners; and insurance
and enforcement officials.
The information to be compiled about the chemicals, including
process intermediates, needs to be comprehensive enough for an accurate
assessment of the fire and explosion characteristics, reactivity
hazards, the safety and health hazards to workers, and the corrosion and
erosion effects on the process equipment and monitoring tools. Current
material safety data sheet (MSDS) information can be used to help meet
this requirement which must be supplemented with process chemistry
information including runaway reaction and over pressure hazards if
applicable.
Process technology information will be a part of the process safety
information package and it is expected that it will include diagrams of
the type shown in Appendix B of this section as well as employer
established criteria for maximum inventory levels for process chemicals;
limits beyond which would be considered upset conditions; and a
qualitative estimate of the consequences or results of deviation that
could occur if operating beyond the established process limits.
Employers are encouraged to use diagrams which will help users
understand the process.
A block flow diagram is used to show the major process equipment and
interconnecting process flow lines and show flow rates, stream
composition, temperatures, and pressures when necessary for clarity. The
block flow diagram is a simplified diagram.
Process flow diagrams are more complex and will show all main flow
streams including valves to enhance the understanding of the process, as
well as pressures and temperatures on all feed and product lines within
all major vessels, in and out of headers and heat exchangers, and points
of pressure and temperature control. Also, materials of construction
information, pump capacities and pressure heads, compressor horsepower
and vessel design pressures and temperatures are shown when necessary
for clarity. In addition, major components of control loops are usually
shown along with key utilities on process flow diagrams.
Piping and instrument diagrams (P&Ids) may be the more appropriate
type of diagrams to show some of the above details and to display the
information for the piping designer and engineering staff. The P&IDs are
to be used to describe the relationships between equipment and
instrumentation as well as other relevant information that will enhance
clarity. Computer software programs which do P&Ids or other diagrams
useful to the information package, may be used to help meet this
requirement.
The information pertaining to process equipment design must be
documented. In other words, what were the codes and standards relied on
to establish good engineering practice. These codes and standards are
published by such organizations as the American Society of Mechanical
Engineers, American Petroleum Institute, American National Standards
Institute, National Fire Protection Association, American Society for
Testing and Materials, National Board of Boiler and Pressure Vessel
Inspectors, National Association of Corrosion Engineers, American
Society of Exchange Manufacturers Association, and model building code
groups.
In addition, various engineering societies issue technical reports
which impact process design. For example, the American Institute of
Chemical Engineers has published technical reports on topics such as two
phase flow for venting devices. This type of technically recognized
report would constitute good engineering practice.
For existing equipment designed and constructed many years ago in
accordance with the codes and standards available at that time and no
longer in general use today, the employer must document which codes and
standards were used and that the design and construction along with the
testing, inspection and operation are still suitable for the intended
use. Where the process technology requires a design which departs from
the applicable codes and standards, the employer must document that the
design and construction is suitable for the intended purpose.
4. Process Hazard Analysis. A process hazard analysis (PHA),
sometimes called a process hazard evaluation, is one of the most
important elements of the process safety management program. A PHA is an
organized and systematic effort to identify and analyze the significance
of potential hazards associated with the processing or handling of
highly hazardous chemicals. A PHA provides information which will assist
employers and employees in making decisions for improving safety and
reducing the consequences of unwanted or unplanned releases of hazardous
chemicals. A PHA is directed toward analyzing potential causes and
consequences of fires, explosions, releases of toxic or flammable
chemicals and major spills of hazardous chemicals. The PHA focuses on
equipment, instrumentation, utilities, human actions (routine and
nonroutine), and external factors that might impact the process. These
considerations assist in determining the hazards and potential failure
points or failure modes in a process.
The selection of a PHA methodology or technique will be influenced
by many factors including the amount of existing knowledge about the
process. Is it a process that has been operated for a long period of
time with
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little or no innovation and extensive experience has been generated with
its use? Or, is it a new process or one which has been changed
frequently by the inclusion of innovative features? Also, the size and
complexity of the process will influence the decision as to the
appropriate PHA methodology to use. All PHA methodologies are subject to
certain limitations. For example, the checklist methodology works well
when the process is very stable and no changes are made, but it is not
as effective when the process has undergone extensive change. The
checklist may miss the most recent changes and consequently the changes
would not be evaluated. Another limitation to be considered concerns the
assumptions made by the team or analyst. The PHA is dependent on good
judgement and the assumptions made during the study need to be
documented and understood by the team and reviewer and kept for a future
PHA.
The team conducting the PHA need to understand the methodology that
is going to be used. A PHA team can vary in size from two people to a
number of people with varied operational and technical backgrounds. Some
team members may only be a part of the team for a limited time. The team
leader needs to be fully knowledgeable in the proper implementation of
the PHA methodology that is to be used and should be impartial in the
evaluation. The other full or part time team members need to provide the
team with expertise in areas such as process technology, process design,
operating procedures and practices, including how the work is actually
performed, alarms, emergency procedures, instrumentation, maintenance
procedures, both routine and nonroutine tasks, including how the tasks
are authorized, procurement of parts and supplies, safety and health,
and any other relevant subject as the need dictates. At least one team
member must be familiar with the process.
The ideal team will have an intimate knowledge of the standards,
codes, specifications and regulations applicable to the process being
studied. The selected team members need to be compatible and the team
leader needs to be able to manage the team and the PHA study. The team
needs to be able to work together while benefiting from the expertise of
others on the team or outside the team, to resolve issues, and to forge
a consensus on the findings of the study and the recommendations.
The application of a PHA to a process may involve the use of
different methodologies for various parts of the process. For example, a
process involving a series of unit operations of varying sizes,
complexities, and ages may use different methodologies and team members
for each operation. Then the conclusions can be integrated into one
final study and evaluation. A more specific example is the use of a
checklist PHA for a standard boiler or heat exchanger and the use of a
Hazard and Operability PHA for the overall process. Also, for batch type
processes like custom batch operations, a generic PHA of a
representative batch may be used where there are only small changes of
monomer or other ingredient ratios and the chemistry is documented for
the full range and ratio of batch ingredients. Another process that
might consider using a generic type of PHA is a gas plant. Often these
plants are simply moved from site to site and therefore, a generic PHA
may be used for these movable plants. Also, when an employer has several
similar size gas plants and no sour gas is being processed at the site,
then a generic PHA is feasible as long as the variations of the
individual sites are accounted for in the PHA. Finally, when an employer
has a large continuous process which has several control rooms for
different portions of the process such as for a distillation tower and a
blending operation, the employer may wish to do each segment separately
and then integrate the final results.
Additionally, small businesses which are covered by this rule, will
often have processes that have less storage volume, less capacity, and
less complicated than processes at a large facility. Therefore, OSHA
would anticipate that the less complex methodologies would be used to
meet the process hazard analysis criteria in the standard. These process
hazard analyses can be done in less time and with a few people being
involved. A less complex process generally means that less data, P&IDs,
and process information is needed to perform a process hazard analysis.
Many small businesses have processes that are not unique, such as
cold storage lockers or water treatment facilities. Where employer
associations have a number of members with such facilities, a generic
PHA, evolved from a checklist or what-if questions, could be developed
and used by each employer effectively to reflect his/her particular
process; this would simplify compliance for them.
When the employer has a number of processes which require a PHA, the
employer must set up a priority system of which PHAs to conduct first. A
preliminary or gross hazard analysis may be useful in prioritizing the
processes that the employer has determined are subject to coverage by
the process safety management standard. Consideration should first be
given to those processes with the potential of adversely affecting the
largest number of employees. This prioritizing should consider the
potential severity of a chemical release, the number of potentially
affected employees, the operating history of the process such as the
frequency of chemical releases, the age of the process and any other
relevant factors. These factors would suggest a ranking order and would
suggest either using a weighing factor system or a
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systematic ranking method. The use of a preliminary hazard analysis
would assist an employer in determining which process should be of the
highest priority and thereby the employer would obtain the greatest
improvement in safety at the facility.
Detailed guidance on the content and application of process hazard
analysis methodologies is available from the American Institute of
Chemical Engineers' Center for Chemical Process Safety (see Appendix D).
5. Operating Procedures and Practices. Operating procedures describe
tasks to be performed, data to be recorded, operating conditions to be
maintained, samples to be collected, and safety and health precautions
to be taken. The procedures need to be technically accurate,
understandable to employees, and revised periodically to ensure that
they reflect current operations. The process safety information package
is to be used as a resource to better assure that the operating
procedures and practices are consistent with the known hazards of the
chemicals in the process and that the operating parameters are accurate.
Operating procedures should be reviewed by engineering staff and
operating personnel to ensure that they are accurate and provide
practical instructions on how to actually carry out job duties safely.
Operating procedures will include specific instructions or details
on what steps are to be taken or followed in carrying out the stated
procedures. These operating instructions for each procedure should
include the applicable safety precautions and should contain appropriate
information on safety implications. For example, the operating
procedures addressing operating parameters will contain operating
instructions about pressure limits, temperature ranges, flow rates, what
to do when an upset condition occurs, what alarms and instruments are
pertinent if an upset condition occurs, and other subjects. Another
example of using operating instructions to properly implement operating
procedures is in starting up or shutting down the process. In these
cases, different parameters will be required from those of normal
operation. These operating instructions need to clearly indicate the
distinctions between startup and normal operations such as the
appropriate allowances for heating up a unit to reach the normal
operating parameters. Also the operating instructions need to describe
the proper method for increasing the temperature of the unit until the
normal operating temperature parameters are achieved.
Computerized process control systems add complexity to operating
instructions. These operating instructions need to describe the logic of
the software as well as the relationship between the equipment and the
control system; otherwise, it may not be apparent to the operator.
Operating procedures and instructions are important for training
operating personnel. The operating procedures are often viewed as the
standard operating practices (SOPs) for operations. Control room
personnel and operating staff, in general, need to have a full
understanding of operating procedures. If workers are not fluent in
English then procedures and instructions need to be prepared in a second
language understood by the workers. In addition, operating procedures
need to be changed when there is a change in the process as a result of
the management of change procedures. The consequences of operating
procedure changes need to be fully evaluated and the information
conveyed to the personnel. For example, mechanical changes to the
process made by the maintenance department (like changing a valve from
steel to brass or other subtle changes) need to be evaluated to
determine if operating procedures and practices also need to be changed.
All management of change actions must be coordinated and integrated with
current operating procedures and operating personnel must be oriented to
the changes in procedures before the change is made. When the process is
shutdown in order to make a change, then the operating procedures must
be updated before startup of the process.
Training in how to handle upset conditions must be accomplished as
well as what operating personnel are to do in emergencies such as when a
pump seal fails or a pipeline ruptures. Communication between operating
personnel and workers performing work within the process area, such as
nonroutine tasks, also must be maintained. The hazards of the tasks are
to be conveyed to operating personnel in accordance with established
procedures and to those performing the actual tasks. When the work is
completed, operating personnel should be informed to provide closure on
the job.
6. Employee Training. All employees, including maintenance and
contractor employees, involved with highly hazardous chemicals need to
fully understand the safety and health hazards of the chemicals and
processes they work with for the protection of themselves, their fellow
employees and the citizens of nearby communities. Training conducted in
compliance with 1926.59, the Hazard Communication standard, will help
employees to be more knowledgeable about the chemicals they work with as
well as familiarize them with reading and understanding MSDS. However,
additional training in subjects such as operating procedures and safety
work practices, emergency evacuation and response, safety procedures,
routine and nonroutine work authorization activities, and other areas
pertinent to process safety and health will need to be covered by an
employer's training program.
In establishing their training programs, employers must clearly
define the employees
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to be trained and what subjects are to be covered in their training.
Employers in setting up their training program will need to clearly
establish the goals and objectives they wish to achieve with the
training that they provide to their employees. The learning goals or
objectives should be written in clear measurable terms before the
training begins. These goals and objectives need to be tailored to each
of the specific training modules or segments. Employers should describe
the important actions and conditions under which the employee will
demonstrate competence or knowledge as well as what is acceptable
performance.
Hands-on-training where employees are able to use their senses
beyond listening, will enhance learning. For example, operating
personnel, who will work in a control room or at control panels, would
benefit by being trained at a simulated control panel or panels. Upset
conditions of various types could be displayed on the simulator, and
then the employee could go through the proper operating procedures to
bring the simulator panel back to the normal operating parameters. A
training environment could be created to help the trainee feel the full
reality of the situation but, of course, under controlled conditions.
This realistic type of training can be very effective in teaching
employees correct procedures while allowing them to also see the
consequences of what might happens if they do not follow established
operating procedures. Other training techniques using videos or on-the-
job training can also be very effective for teaching other job tasks,
duties, or other important information. An effective training program
will allow the employee to fully participate in the training process and
to practice their skill or knowledge.
Employers need to periodically evaluate their training programs to
see if the necessary skills, knowledge, and routines are being properly
understood and implemented by their trained employees. The means or
methods for evaluating the training should be developed along with the
training program goals and objectives. Training program evaluation will
help employers to determine the amount of training their employees
understood, and whether the desired results were obtained. If, after the
evaluation, it appears that the trained employees are not at the level
of knowledge and skill that was expected, the employer will need to
revise the training program, provide retraining, or provide more
frequent refresher training sessions until the deficiency is resolved.
Those who conducted the training and those who received the training
should also be consulted as to how best to improve the training process.
If there is a language barrier, the language known to the trainees
should be used to reinforce the training messages and information.
Careful consideration must be given to assure that employees
including maintenance and contract employees receive current and updated
training. For example, if changes are made to a process, impacted
employees must be trained in the changes and understand the effects of
the changes on their job tasks (e.g., any new operating procedures
pertinent to their tasks). Additionally, as already discussed the
evaluation of the employee's absorption of training will certainly
influence the need for training.
7. Contractors. Employers who use contractors to perform work in and
around processes that involve highly hazardous chemicals, will need to
establish a screening process so that they hire and use contractors who
accomplish the desired job tasks without compromising the safety and
health of employees at a facility. For contractors, whose safety
performance on the job is not known to the hiring employer, the employer
will need to obtain information on injury and illness rates and
experience and should obtain contractor references. Additionally, the
employer must assure that the contractor has the appropriate job skills,
knowledge and certifications (such as for pressure vessel welders).
Contractor work methods and experiences should be evaluated. For
example, does the contractor conducting demolition work swing loads over
operating processes or does the contractor avoid such hazards?
Maintaining a site injury and illness log for contractors is another
method employers must use to track and maintain current knowledge of
work activities involving contract employees working on or adjacent to
covered processes. Injury and illness logs of both the employer's
employees and contract employees allow an employer to have full
knowledge of process injury and illness experience. This log will also
contain information which will be of use to those auditing process
safety management compliance and those involved in incident
investigations.
Contract employees must perform their work safely. Considering that
contractors often perform very specialized and potentially hazardous
tasks such as confined space entry activities and nonroutine repair
activities it is quite important that their activities be controlled
while they are working on or near a covered process. A permit system or
work authorization system for these activities would also be helpful to
all affected employers. The use of a work authorization system keeps an
employer informed of contract employee activities, and as a benefit the
employer will have better coordination and more management control over
the work being performed in the process area. A well run and well
maintained process where employee safety is fully recognized will
benefit all of those who work in the facility whether they be contract
employees or employees of the owner.
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8. Pre-Startup Safety. For new processes, the employer will find a
PHA helpful in improving the design and construction of the process from
a reliability and quality point of view. The safe operation of the new
process will be enhanced by making use of the PHA recommendations before
final installations are completed. P&IDs are to be completed along with
having the operating procedures in place and the operating staff trained
to run the process before startup. The initial startup procedures and
normal operating procedures need to be fully evaluated as part of the
pre-startup review to assure a safe transfer into the normal operating
mode for meeting the process parameters.
For existing processes that have been shutdown for turnaround, or
modification, etc., the employer must assure that any changes other than
``replacement in kind'' made to the process during shutdown go through
the management of change procedures. P&IDs will need to be updated as
necessary, as well as operating procedures and instructions. If the
changes made to the process during shutdown are significant and impact
the training program, then operating personnel as well as employees
engaged in routine and nonroutine work in the process area may need some
refresher or additional training in light of the changes. Any incident
investigation recommendations, compliance audits or PHA recommendations
need to be reviewed as well to see what impacts they may have on the
process before beginning the startup.
9. Mechanical Integrity. Employers will need to review their
maintenance programs and schedules to see if there are areas where
``breakdown'' maintenance is used rather than an on-going mechanical
integrity program. Equipment used to process, store, or handle highly
hazardous chemicals needs to be designed, constructed, installed and
maintained to minimize the risk of releases of such chemicals. This
requires that a mechanical integrity program be in place to assure the
continued integrity of process equipment. Elements of a mechanical
integrity program include the identification and categorization of
equipment and instrumentation, inspections and tests, testing and
inspection frequencies, development of maintenance procedures, training
of maintenance personnel, the establishment of criteria for acceptable
test results, documentation of test and inspection results, and
documentation of manufacturer recommendations as to meantime to failure
for equipment and instrumentation.
The first line of defense an employer has available is to operate
and maintain the process as designed, and to keep the chemicals
contained. This line of defense is backed up by the next line of defense
which is the controlled release of chemicals through venting to
scrubbers or flares, or to surge or overflow tanks which are designed to
receive such chemicals, etc. These lines of defense are the primary
lines of defense or means to prevent unwanted releases. The secondary
lines of defense would include fixed fire protection systems like
sprinklers, water spray, or deluge systems, monitor guns, etc., dikes,
designed drainage systems, and other systems which would control or
mitigate hazardous chemicals once an unwanted release occurs. These
primary and secondary lines of defense are what the mechanical integrity
program needs to protect and strengthen these primary and secondary
lines of defenses where appropriate.
The first step of an effective mechanical integrity program is to
compile and categorize a list of process equipment and instrumentation
for inclusion in the program. This list would include pressure vessels,
storage tanks, process piping, relief and vent systems, fire protection
system components, emergency shutdown systems and alarms and interlocks
and pumps. For the categorization of instrumentation and the listed
equipment the employer would prioritize which pieces of equipment
require closer scrutiny than others. Meantime to failure of various
instrumentation and equipment parts would be known from the
manufacturers data or the employer's experience with the parts, which
would then influence the inspection and testing frequency and associated
procedures. Also, applicable codes and standards such as the National
Board Inspection Code, or those from the American Society for Testing
and Material, American Petroleum Institute, National Fire Protection
Association, American National Standards Institute, American Society of
Mechanical Engineers, and other groups, provide information to help
establish an effective testing and inspection frequency, as well as
appropriate methodologies.
The applicable codes and standards provide criteria for external
inspections for such items as foundation and supports, anchor bolts,
concrete or steel supports, guy wires, nozzles and sprinklers, pipe
hangers, grounding connections, protective coatings and insulation, and
external metal surfaces of piping and vessels, etc. These codes and
standards also provide information on methodologies for internal
inspection, and a frequency formula based on the corrosion rate of the
materials of construction. Also, erosion both internal and external
needs to be considered along with corrosion effects for piping and
valves. Where the corrosion rate is not known, a maximum inspection
frequency is recommended, and methods of developing the corrosion rate
are available in the codes. Internal inspections need to cover items
such as vessel shell, bottom and head; metallic linings; nonmetallic
linings; thickness measurements for vessels and piping; inspection for
erosion, corrosion, cracking and
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bulges; internal equipment like trays, baffles, sensors and screens for
erosion, corrosion or cracking and other deficiencies. Some of these
inspections may be performed by state or local government inspectors
under state and local statutes. However, each employer needs to develop
procedures to ensure that tests and inspections are conducted properly
and that consistency is maintained even where different employees may be
involved. Appropriate training is to be provided to maintenance
personnel to ensure that they understand the preventive maintenance
program procedures, safe practices, and the proper use and application
of special equipment or unique tools that may be required. This training
is part of the overall training program called for in the standard.
A quality assurance system is needed to help ensure that the proper
materials of construction are used, that fabrication and inspection
procedures are proper, and that installation procedures recognize field
installation concerns. The quality assurance program is an essential
part of the mechanical integrity program and will help to maintain the
primary and secondary lines of defense that have been designed into the
process to prevent unwanted chemical releases or those which control or
mitigate a release. ``As built'' drawings, together with certifications
of coded vessels and other equipment, and materials of construction need
to be verified and retained in the quality assurance documentation.
Equipment installation jobs need to be properly inspected in the field
for use of proper materials and procedures and to assure that qualified
craftsmen are used to do the job. The use of appropriate gaskets,
packing, bolts, valves, lubricants and welding rods need to be verified
in the field. Also, procedures for installation of safety devices need
to be verified, such as the torque on the bolts on ruptured disc
installations, uniform torque on flange bolts, proper installation of
pump seals, etc. If the quality of parts is a problem, it may be
appropriate to conduct audits of the equipment supplier's facilities to
better assure proper purchases of required equipment which is suitable
for its intended service. Any changes in equipment that may become
necessary will need to go through the management of change procedures.
10. Nonroutine Work Authorizations. Nonroutine work which is
conducted in process areas needs to be controlled by the employer in a
consistent manner. The hazards identified involving the work that is to
be accomplished must be communicated to those doing the work, but also
to those operating personnel whose work could affect the safety of the
process. A work authorization notice or permit must have a procedure
that describes the steps the maintenance supervisor, contractor
representative or other person needs to follow to obtain the necessary
clearance to get the job started. The work authorization procedures need
to reference and coordinate, as applicable, lockout/tagout procedures,
line breaking procedures, confined space entry procedures and hot work
authorizations. This procedure also needs to provide clear steps to
follow once the job is completed in order to provide closure for those
that need to know the job is now completed and equipment can be returned
to normal.
11. Managing Change. To properly manage changes to process
chemicals, technology, equipment and facilities, one must define what is
meant by change. In this process safety management standard, change
includes all modifications to equipment, procedures, raw materials and
processing conditions other than ``replacement in kind.'' These changes
need to be properly managed by identifying and reviewing them prior to
implementation of the change. For example, the operating procedures
contain the operating parameters (pressure limits, temperature ranges,
flow rates, etc.) and the importance of operating within these limits.
While the operator must have the flexibility to maintain safe operation
within the established parameters, any operation outside of these
parameters requires review and approval by a written management of
change procedure.
Management of change covers such as changes in process technology
and changes to equipment and instrumentation. Changes in process
technology can result from changes in production rates, raw materials,
experimentation, equipment unavailability, new equipment, new product
development, change in catalyst and changes in operating conditions to
improve yield or quality. Equipment changes include among others change
in materials of construction, equipment specifications, piping pre-
arrangements, experimental equipment, computer program revisions and
changes in alarms and interlocks. Employers need to establish means and
methods to detect both technical changes and mechanical changes.
Temporary changes have caused a number of catastrophes over the
years, and employers need to establish ways to detect temporary changes
as well as those that are permanent. It is important that a time limit
for temporary changes be established and monitored since, without
control, these changes may tend to become permanent. Temporary changes
are subject to the management of change provisions. In addition, the
management of change procedures are used to insure that the equipment
and procedures are returned to their original or designed conditions at
the end of the temporary change. Proper documentation and review of
these changes is invaluable in assuring that the safety and health
considerations are being incorporated into the operating procedures and
the process.
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Employers may wish to develop a form or clearance sheet to
facilitate the processing of changes through the management of change
procedures. A typical change form may include a description and the
purpose of the change, the technical basis for the change, safety and
health considerations, documentation of changes for the operating
procedures, maintenance procedures, inspection and testing, P&IDs,
electrical classification, training and communications, pre-startup
inspection, duration if a temporary change, approvals and authorization.
Where the impact of the change is minor and well understood, a check
list reviewed by an authorized person with proper communication to
others who are affected may be sufficient. However, for a more complex
or significant design change, a hazard evaluation procedure with
approvals by operations, maintenance, and safety departments may be
appropriate. Changes in documents such as P&IDs, raw materials,
operating procedures, mechanical integrity programs, electrical
classifications, etc., need to be noted so that these revisions can be
made permanent when the drawings and procedure manuals are updated.
Copies of process changes need to be kept in an accessible location to
ensure that design changes are available to operating personnel as well
as to PHA team members when a PHA is being done or one is being updated.
12. Investigation of Incidents. Incident investigation is the
process of identifying the underlying causes of incidents and
implementing steps to prevent similar events from occurring. The intent
of an incident investigation is for employers to learn from past
experiences and thus avoid repeating past mistakes. The incidents for
which OSHA expects employers to become aware and to investigate are the
types of events which result in or could reasonably have resulted in a
catastrophic release. Some of the events are sometimes referred to as
``near misses,'' meaning that a serious consequence did not occur, but
could have.
Employers need to develop in-house capability to investigate
incidents that occur in their facilities. A team needs to be assembled
by the employer and trained in the techniques of investigation including
how to conduct interviews of witnesses, needed documentation and report
writing. A multi-disciplinary team is better able to gather the facts of
the event and to analyze them and develop plausible scenarios as to what
happened, and why. Team members should be selected on the basis of their
training, knowledge and ability to contribute to a team effort to fully
investigate the incident. Employees in the process area where the
incident occurred should be consulted, interviewed or made a member of
the team. Their knowledge of the events form a significant set of facts
about the incident which occurred. The report, its findings and
recommendations are to be shared with those who can benefit from the
information. The cooperation of employees is essential to an effective
incident investigation. The focus of the investigation should be to
obtain facts, and not to place blame. The team and the investigation
process should clearly deal with all involved individuals in a fair,
open and consistent manner.
13. Emergency Preparedness. Each employer must address what actions
employees are to take when there is an unwanted release of highly
hazardous chemicals. Emergency preparedness or the employer's tertiary
(third) lines of defense are those that will be relied on along with the
secondary lines of defense when the primary lines of defense which are
used to prevent an unwanted release fail to stop the release. Employers
will need to decide if they want employees to handle and stop small or
minor incidental releases. Whether they wish to mobilize the available
resources at the plant and have them brought to bear on a more
significant release. Or whether employers want their employees to
evacuate the danger area and promptly escape to a preplanned safe zone
area, and allow the local community emergency response organizations to
handle the release. Or whether the employer wants to use some
combination of these actions. Employers will need to select how many
different emergency preparedness or tertiary lines of defense they plan
to have and then develop the necessary plans and procedures, and
appropriately train employees in their emergency duties and
responsibilities and then implement these lines of defense.
Employers at a minimum must have an emergency action plan which will
facilitate the prompt evacuation of employees when an unwanted release
of highly hazardous chemical. This means that the employer will have a
plan that will be activated by an alarm system to alert employees when
to evacuate and, that employees who are physically impaired, will have
the necessary support and assistance to get them to the safe zone as
well. The intent of these requirements is to alert and move employees to
a safe zone quickly. Delaying alarms or confusing alarms are to be
avoided. The use of process control centers or similar process buildings
in the process area as safe areas is discouraged. Recent catastrophes
have shown that a large life loss has occurred in these structures
because of where they have been sited and because they are not
necessarily designed to withstand over-pressures from shockwaves
resulting from explosions in the process area.
Unwanted incidental releases of highly hazardous chemicals in the
process area must be addressed by the employer as to what actions
employees are to take. If the employer wants employees to evacuate the
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area, then the emergency action plan will be activated. For outdoor
processes where wind direction is important for selecting the safe route
to a refuge area, the employer should place a wind direction indicator
such as a wind sock or pennant at the highest point that can be seen
throughout the process area. Employees can move in the direction of
cross wind to upwind to gain safe access to the refuge area by knowing
the wind direction.
If the employer wants specific employees in the release area to
control or stop the minor emergency or incidental release, these actions
must be planned for in advance and procedures developed and implemented.
Preplanning for handling incidental releases for minor emergencies in
the process area needs to be done, appropriate equipment for the hazards
must be provided, and training conducted for those employees who will
perform the emergency work before they respond to handle an actual
release. The employer's training program, including the Hazard
Communication standard training is to address the training needs for
employees who are expected to handle incidental or minor releases.
Preplanning for releases that are more serious than incidental
releases is another important line of defense to be used by the
employer. When a serious release of a highly hazardous chemical occurs,
the employer through preplanning will have determined in advance what
actions employees are to take. The evacuation of the immediate release
area and other areas as necessary would be accomplished under the
emergency action plan. If the employer wishes to use plant personnel
such as a fire brigade, spill control team, a hazardous materials team,
or use employees to render aid to those in the immediate release area
and control or mitigate the incident, these actions are covered by
1926.65, the Hazardous Waste Operations and Emergency Response
(HAZWOPER) standard. If outside assistance is necessary, such as through
mutual aid agreements between employers or local government emergency
response organizations, these emergency responders are also covered by
HAZWOPER. The safety and health protections required for emergency
responders are the responsibility of their employers and of the on-scene
incident commander.
Responders may be working under very hazardous conditions and
therefore the objective is to have them competently led by an on-scene
incident commander and the commander's staff, properly equipped to do
their assigned work safely, and fully trained to carry out their duties
safely before they respond to an emergency. Drills, training exercises,
or simulations with the local community emergency response planners and
responder organizations is one means to obtain better preparedness. This
close cooperation and coordination between plant and local community
emergency preparedness managers will also aid the employer in complying
with the Environmental Protection Agency's Risk Management Plan
criteria.
One effective way for medium to large facilities to enhance
coordination and communication during emergencies for on plant
operations and with local community organizations is for employers to
establish and equip an emergency control center. The emergency control
center would be sited in a safe zone area so that it could be occupied
throughout the duration of an emergency. The center would serve as the
major communication link between the on-scene incident commander and
plant or corporate management as well as with the local community
officials. The communication equipment in the emergency control center
should include a network to receive and transmit information by
telephone, radio or other means. It is important to have a backup
communication network in case of power failure or one communication
means fails. The center should also be equipped with the plant layout
and community maps, utility drawings including fire water, emergency
lighting, appropriate reference materials such as a government agency
notification list, company personnel phone list, SARA Title III reports
and material safety data sheets, emergency plans and procedures manual,
a listing with the location of emergency response equipment, mutual aid
information, and access to meteorological or weather condition data and
any dispersion modeling data.
14. Compliance Audits. Employers need to select a trained individual
or assemble a trained team of people to audit the process safety
management system and program. A small process or plant may need only
one knowledgeable person to conduct an audit. The audit is to include an
evaluation of the design and effectiveness of the process safety
management system and a field inspection of the safety and health
conditions and practices to verify that the employer's systems are
effectively implemented. The audit should be conducted or lead by a
person knowledgeable in audit techniques and who is impartial towards
the facility or area being audited. The essential elements of an audit
program include planning, staffing, conducting the audit, evaluation and
corrective action, follow-up and documentation.
Planning in advance is essential to the success of the auditing
process. Each employer needs to establish the format, staffing,
scheduling and verification methods prior to conducting the audit. The
format should be designed to provide the lead auditor with a procedure
or checklist which details the requirements of each section of the
standard. The names of the audit team members should be listed as part
of the format as well. The checklist, if properly designed, could
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serve as the verification sheet which provides the auditor with the
necessary information to expedite the review and assure that no
requirements of the standard are omitted. This verification sheet format
could also identify those elements that will require evaluation or a
response to correct deficiencies. This sheet could also be used for
developing the follow-up and documentation requirements.
The selection of effective audit team members is critical to the
success of the program. Team members should be chosen for their
experience, knowledge, and training and should be familiar with the
processes and with auditing techniques, practices and procedures. The
size of the team will vary depending on the size and complexity of the
process under consideration. For a large, complex, highly instrumented
plant, it may be desirable to have team members with expertise in
process engineering and design, process chemistry, instrumentation and
computer controls, electrical hazards and classifications, safety and
health disciplines, maintenance, emergency preparedness, warehousing or
shipping, and process safety auditing. The team may use part-time
members to provide for the depth of expertise required as well as for
what is actually done or followed, compared to what is written.
An effective audit includes a review of the relevant documentation
and process safety information, inspection of the physical facilities,
and interviews with all levels of plant personnel. Utilizing the audit
procedure and checklist developed in the preplanning stage, the audit
team can systematically analyze compliance with the provisions of the
standard and any other corporate policies that are relevant. For
example, the audit team will review all aspects of the training program
as part of the overall audit. The team will review the written training
program for adequacy of content, frequency of training, effectiveness of
training in terms of its goals and objectives as well as to how it fits
into meeting the standard's requirements, documentation, etc. Through
interviews, the team can determine the employee's knowledge and
awareness of the safety procedures, duties, rules, emergency response
assignments, etc. During the inspection, the team can observe actual
practices such as safety and health policies, procedures, and work
authorization practices. This approach enables the team to identify
deficiencies and determine where corrective actions or improvements are
necessary.
An audit is a technique used to gather sufficient facts and
information, including statistical information, to verify compliance
with standards. Auditors should select as part of their preplanning a
sample size sufficient to give a degree of confidence that the audit
reflects the level of compliance with the standard. The audit team,
through this systematic analysis, should document areas which require
corrective action as well as those areas where the process safety
management system is effective and working in an effective manner. This
provides a record of the audit procedures and findings, and serves as a
baseline of operation data for future audits. It will assist future
auditors in determining changes or trends from previous audits.
Corrective action is one of the most important parts of the audit.
It includes not only addressing the identified deficiencies, but also
planning, followup, and documentation. The corrective action process
normally begins with a management review of the audit findings. The
purpose of this review is to determine what actions are appropriate, and
to establish priorities, timetables, resource allocations and
requirements and responsibilities. In some cases, corrective action may
involve a simple change in procedure or minor maintenance effort to
remedy the concern. Management of change procedures need to be used, as
appropriate, even for what may seem to be a minor change. Many of the
deficiencies can be acted on promptly, while some may require
engineering studies or indepth review of actual procedures and
practices. There may be instances where no action is necessary and this
is a valid response to an audit finding. All actions taken, including an
explanation where no action is taken on a finding, needs to be
documented as to what was done and why.
It is important to assure that each deficiency identified is
addressed, the corrective action to be taken noted, and the audit person
or team responsible be properly documented by the employer. To control
the corrective action process, the employer should consider the use of a
tracking system. This tracking system might include periodic status
reports shared with affected levels of management, specific reports such
as completion of an engineering study, and a final implementation report
to provide closure for audit findings that have been through management
of change, if appropriate, and then shared with affected employees and
management. This type of tracking system provides the employer with the
status of the corrective action. It also provides the documentation
required to verify that appropriate corrective actions were taken on
deficiencies identified in the audit.
Appendix D to Sec. 1926.64--Sources of Further Information
(Nonmandatory)
1. Center for Chemical Process Safety, American Institute of
Chemical Engineers, 345 East 47th Street, New York, NY 10017, (212) 705-
7319.
2. ``Guidelines for Hazard Evaluation Procedures,'' American
Institute of Chemical
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Engineers; 345 East 47th Street, New York, NY 10017.
3. ``Guidelines for Technical Management of Chemical Process
Safety,'' Center for Chemical Process Safety of the American Institute
of Chemical Engineers; 345 East 47th Street, New York, NY 10017.
4. ``Evaluating Process Safety in the Chemical Industry,'' Chemical
Manufacturers Association; 2501 M Street NW, Washington, DC 20037.
5. ``Safe Warehousing of Chemicals,'' Chemical Manufacturers
Association; 2501 M Street NW, Washington, DC 20037.
6. ``Management of Process Hazards,'' American Petroleum Institute
(API Recommended Practice 750); 1220 L Street, N.W., Washington, DC
20005.
7. ``Improving Owner and Contractor Safety Performance,'' American
Petroleum Institute (API Recommended Practice 2220); API, 1220 L Street
N.W., Washington, DC 20005.
8. Chemical Manufacturers Association (CMA's Manager Guide), First
Edition, September 1991; CMA, 2501 M Street, N.W., Washington, DC 20037.
9. ``Improving Construction Safety Performance,'' Report A- 3, The
Business Roundtable; The Business Roundtable, 200 Park Avenue, New York,
NY 10166. (Report includes criteria to evaluate contractor safety
performance and criteria to enhance contractor safety performance).
10. ``Recommended Guidelines for Contractor Safety and Health,''
Texas Chemical Council; Texas Chemical Council, 1402 Nueces Street,
Austin, TX 78701-1534.
11. ``Loss Prevention in the Process Industries,'' Volumes I and II;
Frank P. Lees, Butterworth; London 1983.
12. ``Safety and Health Program Management Guidelines,'' 1989; U.S.
Department of Labor, Occupational Safety and Health Administration.
13. ``Safety and Health Guide for the Chemical Industry,'' 1986,
(OSHA 3091); U.S. Department of Labor, Occupational Safety and Health
Administration; 200 Constitution Avenue, N.W., Washington, DC 20210.
14. ``Review of Emergency Systems,'' June 1988; U.S. Environmental
Protection Agency (EPA), Office of Solid Waste and Emergency Response,
Washington, DC 20460.
15. ``Technical Guidance for Hazards Analysis, Emergency Planning
for Extremely Hazardous Substances,'' December 1987; U.S. Environmental
Protection Agency (EPA), Federal Emergency Management Administration
(FEMA) and U.S. Department of Transportation (DOT), Washington, DC
20460.
16. ``Accident Investigation...A New Approach,'' 1983, National
Safety Council; 444 North Michigan Avenue, Chicago, IL 60611-3991.
17. ``Fire & Explosion Index Hazard Classification Guide,'' 6th
Edition, May 1987, Dow Chemical Company; Midland, Michigan 48674.
18. ``Chemical Exposure Index,'' May 1988, Dow Chemical Company;
Midland, Michigan 48674.
[58 FR 35115, June 30, 1993]
Sec. 1926.65 Hazardous waste operations and emergency response.
(a) Scope, application, and definitions--(1) Scope. This section
covers the following operations, unless the employer can demonstrate
that the operation does not involve employee exposure or the reasonable
possibility for employee exposure to safety or health hazards:
(i) Clean-up operations required by a governmental body, whether
Federal, state, local or other involving hazardous substances that are
conducted at uncontrolled hazardous waste sites (including, but not
limited to, the EPA's National Priority Site List (NPL), state priority
site lists, sites recommended for the EPA NPL, and initial
investigations of government identified sites which are conducted before
the presence or absence of hazardous substances has been ascertained);
(ii) Corrective actions involving clean-up operations at sites
covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as
amended (42 U.S.C. 6901 et seq.);
(iii) Voluntary clean-up operations at sites recognized by Federal,
state, local or other governmental bodies as uncontrolled hazardous
waste sites;
(iv) Operations involving hazardous wastes that are conducted at
treatment, storage, and disposal (TSD) facilities regulated by 40 CFR
parts 264 and 265 pursuant to RCRA; or by agencies under agreement with
U.S.E.P.A. to implement RCRA regulations; and
(v) Emergency response operations for releases of, or substantial
threats of releases of, hazardous substances without regard to the
location of the hazard.
(2) Application. (i) All requirements of part 1910 and part 1926 of
title 29 of the Code of Federal Regulations apply pursuant to their
terms to hazardous waste and emergency response operations whether
covered by this section or not. If there is a conflict or overlap, the
provision more protective of employee safety and health shall apply
without regard to 29 CFR 1926.20(e)(1).
(ii) Hazardous substance clean-up operations within the scope of
paragraphs
[[Page 144]]
(a)(1)(i) through (a)(1)(iii) of this section must comply with all
paragraphs of this section except paragraphs (p) and (q).
(iii) Operations within the scope of paragraph (a)(1)(iv) of this
section must comply only with the requirements of paragraph (p) of this
section.
Notes and Exceptions: (A) All provisions of paragraph (p) of this
section cover any treatment, storage or disposal (TSD) operation
regulated by 40 CFR parts 264 and 265 or by state law authorized under
RCRA, and required to have a permit or interim status from EPA pursuant
to 40 CFR 270.1 or from a state agency pursuant to RCRA.
(B) Employers who are not required to have a permit or interim
status because they are conditionally exempt small quantity generators
under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for
exemptions from regulation under 40 CFR parts 264, 265 and 270
(``excepted employers'') are not covered by paragraphs (p)(1) through
(p)(7) of this section. Excepted employers who are required by the EPA
or state agency to have their employees engage in emergency response or
who direct their employees to engage in emergency response are covered
by paragraph (p)(8) of this section, and cannot be exempted by (p)(8)(i)
of this section. Excepted employers who are not required to have
employees engage in emergency response, who direct their employees to
evacuate in the case of such emergencies and who meet the requirements
of paragraph (p)(8)(i) of this section are exempt from the balance of
paragraph (p)(8) of this section.
(C) If an area is used primarily for treatment, storage or disposal,
any emergency response operations in that area shall comply with
paragraph (p)(8) of this section. In other areas not used primarily for
treatment, storage, or disposal, any emergency response operations shall
comply with paragraph (q) of this section. Compliance with the
requirements of paragraph (q) of this section shall be deemed to be in
compliance with the requirements of paragraph (p)(8) of this section.
(iv) Emergency response operations for releases of, or substantial
threats of releases of, hazardous substances which are not covered by
paragraphs (a)(1)(i) through (a)(1)(iv) of this section must only comply
with the requirements of paragraph (q) of this section.
(3) Definitions--Buddy system means a system of organizing employees
into work groups in such a manner that each employee of the work group
is designated to be observed by at least one other employee in the work
group. The purpose of the buddy system is to provide rapid assistance to
employees in the event of an emergency.
Clean-up operation means an operation where hazardous substances are
removed, contained, incinerated, neutralized, stabilized, cleared-up, or
in any other manner processed or handled with the ultimate goal of
making the site safer for people or the environment.
Decontamination means the removal of hazardous substances from
employees and their equipment to the extent necessary to preclude the
occurrence of foreseeable adverse health affects.
Emergency response or responding to emergencies means a response
effort by employees from outside the immediate release area or by other
designated responders (i.e., mutual-aid groups, local fire departments,
etc.) to an occurrence which results, or is likely to result, in an
uncontrolled release of a hazardous substance. Responses to incidental
releases of hazardous substances where the substance can be absorbed,
neutralized, or otherwise controlled at the time of release by employees
in the immediate release area, or by maintenance personnel are not
considered to be emergency responses within the scope of this standard.
Responses to releases of hazardous substances where there is no
potential safety or health hazard (i.e., fire, explosion, or chemical
exposure) are not considered to be emergency responses.
Facility means (A) any building, structure, installation, equipment,
pipe or pipeline (including any pipe into a sewer or publicly owned
treatment works), well, pit, pond, lagoon, impoundment, ditch, storage
container, motor vehicle, rolling stock, or aircraft, or (B) any site or
area where a hazardous substance has been deposited, stored, disposed
of, or placed, or otherwise come to be located; but does not include any
consumer product in consumer use or any water-borne vessel.
Hazardous materials response (HAZMAT) team means an organized group
of employees, designated by the employer, who are expected to perform
work to handle and control actual or potential leaks or spills of
hazardous
[[Page 145]]
substances requiring possible close approach to the substance. The team
members perform responses to releases or potential releases of hazardous
substances for the purpose of control or stabilization of the incident.
A HAZMAT team is not a fire brigade nor is a typical fire brigade a
HAZMAT team. A HAZMAT team, however, may be a separate component of a
fire brigade or fire department.
Hazardous substance means any substance designated or listed under
paragraphs (A) through (D) of this definition, exposure to which results
or may result in adverse affects on the health or safety of employees:
(A) Any substance defined under section 101(14) of CERCLA;
(B) Any biological agent and other disease-causing agent which after
release into the environment and upon exposure, ingestion, inhalation,
or assimilation into any person, either directly from the environment or
indirectly by ingestion through food chains, will or may reasonably be
anticipated to cause death, disease, behavioral abnormalities, cancer,
genetic mutation, physiological malfunctions (including malfunctions in
reproduction) or physical deformations in such persons or their
offspring;
(C) Any substance listed by the U.S. Department of Transportation as
hazardous materials under 49 CFR 172.101 and appendices; and
(D) Hazardous waste as herein defined.
Hazardous waste means--(A) A waste or combination of wastes as
defined in 40 CFR 261.3, or
(B) Those substances defined as hazardous wastes in 49 CFR 171.8.
Hazardous waste operation means any operation conducted within the
scope of this standard.
Hazardous waste site or Site means any facility or location within
the scope of this standard at which hazardous waste operations take
place.
Health hazard means a chemical, mixture of chemicals or a pathogen
for which there is statistically significant evidence based on at least
one study conducted in accordance with established scientific principles
that acute or chronic health effects may occur in exposed employees. The
term health hazard includes chemicals which are carcinogens, toxic or
highly toxic agents, reproductive toxins, irritants, corrosives,
sensitizers, heptaotoxins, nephrotoxins, neurotoxins, agents which act
on the hematopoietic system, and agents which damage the lungs, skin,
eyes, or mucous membranes. It also includes stress due to temperature
extremes. Further definition of the terms used above can be found in
appendix A to 29 CFR 1926.59.
IDLH or Immediately dangerous to life or health means an atmospheric
concentration of any toxic, corrosive or asphyxiant substance that poses
an immediate threat to life or would cause irreversible or delayed
adverse health effects or would interfere with an individual's ability
to escape from a dangerous atmosphere.
Oxygen deficiency means that concentration of oxygen by volume below
which atmosphere supplying respiratory protection must be provided. It
exists in atmospheres where the percentage of oxygen by volume is less
than 19.5 percent oxygen.
Permissible exposure limit means the exposure, inhalation or dermal
permissible exposure limit specified either in Sec. 1926.55, elsewhere
in subpart D, or in other pertinent sections of this part.
Published exposure level means the exposure limits published in
``NIOSH Recommendations for Occupational Health Standards'' dated 1986
incorporated by reference, or if none is specified, the exposure limits
published in the standards specified by the American Conference of
Governmental Industrial Hygienists in their publication ``Threshold
Limit Values and Biological Exposure Indices for 1987-88'' dated 1987
incorporated by reference.
Post emergency response means that portion of an emergency response
performed after the immediate threat of a release has been stabilized or
eliminated and clean-up of the site has begun. If post emergency
response is performed by an employer's own employees who were part of
the initial emergency response, it is considered to be part of the
initial response and not post emergency response. However, if a group of
an employer's own employees,
[[Page 146]]
separate from the group providing initial response, performs the clean-
up operation, then the separate group of employees would be considered
to be performing post-emergency response and subject to paragraph
(q)(11) of this section.
Qualified person means a person with specific training, knowledge
and experience in the area for which the person has the responsibility
and the authority to control.
Site safety and health supervisor (or official) means the individual
located on a hazardous waste site who is responsible to the employer and
has the authority and knowledge necessary to implement the site safety
and health plan and verify compliance with applicable safety and health
requirements.
Small quantity qenerator means a generator of hazardous wastes who
in any calendar month generates no more than 1,000 kilograms (2,205
pounds) of hazardous waste in that month.
Uncontrolled hazardous waste site, means an area identified as an
uncontrolled hazardous waste site by a governmental body, whether
Federal, state, local or other where an accumulation of hazardous
substances creates a threat to the health and safety of individuals or
the environment or both. Some sites are found on public lands such as
those created by former municipal, county or state landfills where
illegal or poorly managed waste disposal has taken place. Other sites
are found on private property, often belonging to generators or former
generators of hazardous substance wastes. Examples of such sites
include, but are not limited to, surface impoundments, landfills, dumps,
and tank or drum farms. Normal operations at TSD sites are not covered
by this definition.
(b) Safety and health program.
Note to (b): Safety and health programs developed and implemented to
meet other Federal, state, or local regulations are considered
acceptable in meeting this requirement if they cover or are modified to
cover the topics required in this paragraph. An additional or separate
safety and health program is not required by this paragraph.
(1) General. (i) Employers shall develop and implement a written
safety and health program for their employees involved in hazardous
waste operations. The program shall be designed to identify, evaluate,
and control safety and health hazards, and provide for emergency
response for hazardous waste operations.
(ii) The written safety and health program shall incorporate the
following:
(A) An organizational structure;
(B) A comprehensive workplan;
(C) A site-specific safety and health plan which need not repeat the
employer's standard operating procedures required in paragraph
(b)(1)(ii)(F) of this section;
(D) The safety and health training program;
(E) The medical surveillance program;
(F) The employer's standard operating procedures for safety and
health; and
(G) Any necessary interface between general program and site
specific activities.
(iii) Site excavation. Site excavations created during initial site
preparation or during hazardous waste operations shall be shored or
sloped as appropriate to prevent accidental collapse in accordance with
subpart P of 29 CFR part 1926.
(iv) Contractors and sub-contractors. An employer who retains
contractor or sub-contractor services for work in hazardous waste
operations shall inform those contractors, sub-contractors, or their
representatives of the site emergency response procedures and any
potential fire, explosion, health, safety or other hazards of the
hazardous waste operation that have been identified by the employer,
including those identified in the employer's information program.
(v) Program availability. The written safety and health program
shall be made available to any contractor or subcontractor or their
representative who will be involved with the hazardous waste operation;
to employees; to employee designated representatives; to OSHA personnel,
and to personnel of other Federal, state, or local agencies with
regulatory authority over the site.
(2) Organizational structure part of the site program--(i) The
organizationa1
[[Page 147]]
structure part of the program shall establish the specific chain of
command and specify the overall responsibilities of supervisors and
employees. It shall include, at a minimum, the following elements:
(A) A general supervisor who has the responsibility and authority to
direct all hazardous waste operations.
(B) A site safety and health supervisor who has the responsibility
and authority to develop and implement the site safety and health plan
and verify compliance.
(C) All other personnel needed for hazardous waste site operations
and emergency response and their general functions and responsibilities.
(D) The lines of authority, responsibility, and communication.
(ii) The organizational structure shall be reviewed and updated as
necessary to reflect the current status of waste site operations.
(3) Comprehensive workplan part of the site program. The
comprehensive workplan part of the program shall address the tasks and
objectives of the site operations and the logistics and resources
required to reach those tasks and objectives.
(i) The comprehensive workplan shall address anticipated clean-up
activities as well as normal operating procedures which need not repeat
the employer's procedures available elsewhere.
(ii) The comprehensive workplan shall define work tasks and
objectives and identify the methods for accomplishing those tasks and
objectives.
(iii) The comprehensive workplan shall establish personnel
requirements for implementing the plan.
(iv) The comprehensive workplan shall provide for the implementation
of the training required in paragraph (e) of this section.
(v) The comprehensive workplan shall provide for the implementation
of the required informational programs required in paragraph (i) of this
section.
(vi) The comprehensive workplan shall provide for the implementation
of the medical surveillance program described in paragraph (f) of this
section.
(4) Site-specific safety and health plan part of the program--(i)
General. The site safety and health plan, which must be kept on site,
shall address the safety and health hazards of each phase of site
operation and include the requirements and procedures for employee
protection.
(ii) Elements. The site safety and health plan, as a minimum, shall
address the following:
(A) A safety and health risk or hazard analysis for each site task
and operation found in the workplan.
(B) Employee training assignments to assure compliance with
paragraph (e) of this section.
(C) Personal protective equipment to be used by employees for each
of the site tasks and operations being conducted as required by the
personal protective equipment program in paragraph (g)(5) of this
section.
(D) Medical surveillance requirements in accordance with the program
in paragraph (f) of this section.
(E) Frequency and types of air monitoring, personnel monitoring, and
environmental sampling techniques and instrumentation to be used,
including methods of maintenance and calibration of monitoring and
sampling equipment to be used.
(F) Site control measures in accordance with the site control
program required in paragraph (d) of this section.
(G) Decontamination procedures in accordance with paragraph (k) of
this section.
(H) An emergency response plan meeting the requirements of paragraph
(l) of this section for safe and effective responses to emergencies,
including the necessary PPE and other equipment.
(I) Confined space entry procedures.
(J) A spill containment program meeting the requirements of
paragraph (j) of this section.
(iii) Pre-entry briefing. The site specific safety and health plan
shall provide for pre-entry briefings to be held prior to initiating any
site activity, and at such other times as necessary to ensure that
employees are apprised of the site safety and health plan and that this
plan is being followed. The information and data obtained from site
characterization and analysis work required in paragraph (c) of this
section shall be used to prepare and update the site safety and health
plan.
[[Page 148]]
(iv) Effectiveness of site safety and health plan. Inspections shall
be conducted by the site safety and health supervisor or, in the absence
of that individual, another individual who is knowledgeable in
occupational safety and health, acting on behalf of the employer as
necessary to determine the effectiveness of the site safety and health
plan. Any deficiencies in the effectiveness of the site safety and
health plan shall be corrected by the employer.
(c) Site characterization and analysis--(1) General. Hazardous waste
sites shall be evaluated in accordance with this paragraph to identify
specific site hazards and to determine the appropriate safety and health
control procedures needed to protect employees from the identified
hazards.
(2) Preliminary evaluation. A preliminary evaluation of a site's
characteristics shall be performed prior to site entry by a qualified
person in order to aid in the selection of appropriate employee
protection methods prior to site entry. Immediately after initial site
entry, a more detailed evaluation of the site's specific characteristics
shall be performed by a qualified person in order to further identify
existing site hazards and to further aid in the selection of the
appropriate engineering controls and personal protective equipment for
the tasks to be performed.
(3) Hazard identification. All suspected conditions that may pose
inhalation or skin absorption hazards that are immediately dangerous to
life or health (IDLH), or other conditions that may cause death or
serious harm, shall be identified during the preliminary survey and
evaluated during the detailed survey. Examples of such hazards include,
but are not limited to, confined space entry, potentially explosive or
flammable situations, visible vapor clouds, or areas where biological
indicators such as dead animals or vegetation are located.
(4) Required information. The following information to the extent
available shall be obtained by the employer prior to allowing employees
to enter a site:
(i) Location and approximate size of the site.
(ii) Description of the response activity and/or the job task to be
performed.
(iii) Duration of the planned employee activity.
(iv) Site topography and accessibility by air and roads.
(v) Safety and health hazards expected at the site.
(vi) Pathways for hazardous substance dispersion.
(vii) Present status and capabilities of emergency response teams
that would provide assistance to hazardous waste clean-up site employees
at the time of an emergency.
(viii) Hazardous substances and health hazards involved or expected
at the site, and their chemical and physical properties.
(5) Personal protective equipment. Personal protective equipment
(PPE) shall be provided and used during initial site entry in accordance
with the following requirements:
(i) Based upon the results of the preliminary site evaluation, an
ensemble of PPE shall be selected and used during initial site entry
which will provide protection to a level of exposure below permissible
exposure limits and published exposure levels for known or suspected
hazardous substances and health hazards, and which will provide
protection against other known and suspected hazards identified during
the preliminary site evaluation. If there is no permissible exposure
limit or published exposure level, the employer may use other published
studies and information as a guide to appropriate personal protective
equipment.
(ii) If positive-pressure self-contained breathing apparatus is not
used as part of the entry ensemble, and if respiratory protection is
warranted by the potential hazards identified during the preliminary
site evaluation, an escape self-contained breathing apparatus of at
least five minute's duration shall be carried by employees during
initial site entry.
(iii) If the preliminary site evaluation does not produce sufficient
information to identify the hazards or suspected hazards of the site, an
ensemble providing protection equivalent to Level B PPE shall be
provided as minimum protection, and direct reading instruments shall be
used as appropriate for identifying IDLH conditions. (See appendix B for
a description of Level B
[[Page 149]]
hazards and the recommendations for Level B protective equipment.)
(iv) Once the hazards of the site have been identified, the
appropriate PPE shall be selected and used in accordance with paragraph
(g) of this section.
(6) Monitoring. The following monitoring shall be conducted during
initial site entry when the site evaluation produces information that
shows the potential for ionizing radiation or IDLH conditions, or when
the site information is not sufficient reasonably to eliminate these
possible conditions:
(i) Monitoring with direct reading instruments for hazardous levels
of ionizing radiation.
(ii) Monitoring the air with appropriate direct reading test
equipment (i.e., combustible gas meters, detector tubes) for IDLH and
other conditions that may cause death or serious harm (combustible or
explosive atmospheres, oxygen deficiency, toxic substances).
(iii) Visually observing for signs of actual or potential IDLH or
other dangerous conditions.
(iv) An ongoing air monitoring program in accordance with paragraph
(h) of this section shall be implemented after site characterization has
determined the site is safe for the start-up of operations.
(7) Risk identification. Once the presence and concentrations of
specific hazardous substances and health hazards have been established,
the risks associated with these substances shall be identified.
Employees who will be working on the site shall be informed of any risks
that have been identified. In situations covered by the Hazard
Communication Standard, 29 CFR 1926.59, training required by that
standard need not be duplicated.
Note to (c)(7).--Risks to consider include, but are not limited to:
(a) Exposures exceeding the permissible exposure limits and
published exposure levels.
(b) IDLH concentrations.
(c) Potential skin absorption and irritation sources.
(d) Potential eye irritation sources.
(e) Explosion sensitivity and flammability ranges.
(f) Oxygen deficiency.
(8) Employee notification. Any information concerning the chemical,
physical, and toxicologic properties of each substance known or expected
to be present on site that is available to the employer and relevant to
the duties an employee is expected to perform shall be made available to
the affected employees prior to the commencement of their work
activities. The employer may utilize information developed for the
hazard communication standard for this purpose.
(d) Site control--(1) General. Appropriate site control procedures
shall be implemented to control employee exposure to hazardous
substances before clean-up work begins.
(2) Site control program. A site control program for protecting
employees which is part of the employer's site safety and health program
required in paragraph (b) of this section shall be developed during the
planning stages of a hazardous waste clean-up operation and modified as
necessary as new information becomes available.
(3) Elements of the site control program. The site control program
shall, as a minimum, include: A site map; site work zones; the use of a
``buddy system''; site communications including alerting means for
emergencies; the standard operating procedures or safe work practices;
and, identification of the nearest medical assistance. Where these
requirements are covered elsewhere they need not be repeated.
(e) Training--(1) General. (i) All employees working on site (such
as but not limited to equipment operators, general laborers and others)
exposed to hazardous substances, health hazards, or safety hazards and
their supervisors and management responsible for the site shall receive
training meeting the requirements of this paragraph before they are
permitted to engage in hazardous waste operations that could expose them
to hazardous substances, safety, or health hazards, and they shall
receive review training as specified in this paragraph.
(ii) Employees shall not be permitted to participate in or supervise
field activities until they have been trained to a level required by
their job function and responsibility.
(2) Elements to be covered. The training shall thoroughly cover the
following:
(i) Names of personnel and alternates responsible for site safety
and health;
[[Page 150]]
(ii) Safety, health and other hazards present on the site;
(iii) Use of personal protective equipment;
(iv) Work practices by which the employee can minimize risks from
hazards;
(v) Safe use of engineering controls and equipment on the site;
(vi) Medical surveillance requirements, including recognition of
symptoms and signs which might indicate overexposure to hazards; and
(vii) The contents of paragraphs (G) through (J) of the site safety
and health plan set forth in paragraph (b)(4)(ii) of this section.
(3) Initial training. (i) General site workers (such as equipment
operators, general laborers and supervisory personnel) engaged in
hazardous substance removal or other activities which expose or
potentially expose workers to hazardous substances and health hazards
shall receive a minimum of 40 hours of instruction off the site, and a
minimum of three days actual field experience under the direct
supervision of a trained, experienced supervisor.
(ii) Workers on site only occasionally for a specific limited task
(such as, but not limited to, ground water monitoring, land surveying,
or geo-physical surveying) and who are unlikely to be exposed over
permissible exposure limits and published exposure limits shall receive
a minimum of 24 hours of instruction off the site, and the minimum of
one day actual field experience under the direct supervision of a
trained, experienced supervisor.
(iii) Workers regularly on site who work in areas which have been
monitored and fully characterized indicating that exposures are under
permissible exposure limits and published exposure limits where
respirators are not necessary, and the characterization indicates that
there are no health hazards or the possibility of an emergency
developing, shall receive a minimum of 24 hours of instruction off the
site and the minimum of one day actual field experience under the direct
supervision of a trained, experienced supervisor.
(iv) Workers with 24 hours of training who are covered by paragraphs
(e)(3)(ii) and (e)(3)(iii) of this section, and who become general site
workers or who are required to wear respirators, shall have the
additional 16 hours and two days of training necessary to total the
training specified in paragraph (e)(3)(i).
(4) Management and supervisor training. On-site management and
supervisors directly responsible for, or who supervise employees engaged
in, hazardous waste operations shall receive 40 hours initial training,
and three days of supervised field experience (the training may be
reduced to 24 hours and one day if the only area of their responsibility
is employees covered by paragraphs (e)(3)(ii) and (e)(3)(iii)) and at
least eight additional hours of specialized training at the time of job
assignment on such topics as, but not limited to, the employer's safety
and health program and the associated employee training program,
personal protective equipment program, spill containment program, and
health hazard monitoring procedure and techniques.
(5) Qualifications for trainers. Trainers shall be qualified to
instruct employees about the subject matter that is being presented in
training. Such trainers shall have satisfactorily completed a training
program for teaching the subjects they are expected to teach, or they
shall have the academic credentials and instructional experience
necessary for teaching the subjects. Instructors shall demonstrate
competent instructional skills and knowledge of the applicable subject
matter.
(6) Training certification. Employees and supervisors that have
received and successfully completed the training and field experience
specified in paragraphs (e)(1) through (e)(4) of this section shall be
certified by their instructor or the head instructor and trained
supervisor as having successfully completed the necessary training. A
written certificate shall be given to each person so certified. Any
person who has not been so certified or who does not meet the
requirements of paragraph (e)(9) of this section shall be prohibited
from engaging in hazardous waste operations.
(7) Emergency response. Employees who are engaged in responding to
hazardous emergency situations at hazardous waste clean-up sites that
may expose them to hazardous substances
[[Page 151]]
shall be trained in how to respond to such expected emergencies.
(8) Refresher training. Employees specified in paragraph (e)(1) of
this section, and managers and supervisors specified in paragraph (e)(4)
of this section, shall receive eight hours of refresher training
annually on the items specified in paragraph (e)(2) and/or (e)(4) of
this section, any critique of incidents that have occurred in the past
year that can serve as training examples of related work, and other
relevant topics.
(9) Equivalent training. Employers who can show by documentation or
certification that an employee's work experience and/or training has
resulted in training equivalent to that training required in paragraphs
(e)(1) through (e)(4) of this section shall not be required to provide
the initial training requirements of those paragraphs to such employees
and shall provide a copy of the certification or documentation to the
employee upon request. However, certified employees or employees with
equivalent training new to a site shall receive appropriate, site
specific training before site entry and have appropriate supervised
field experience at the new site. Equivalent training includes any
academic training or the training that existing employees might have
already received from actual hazardous waste site work experience.
(f) Medical surveillance--(1) General. Employers engaged in
operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this
section and not covered by (a)(2)(iii) exceptions and employers of
employees specified in paragraph (q)(9) shall institute a medical
surveillance program in accordance with this paragraph.
(2) Employees covered. The medical surveillance program shall be
instituted by the employer for the following employees:
(i) All employees who are or may be exposed to hazardous substances
or health hazards at or above the permissible exposure limits or, if
there is no permissible exposure limit, above the published exposure
levels for these substances, without regard to the use of respirators,
for 30 days or more a year;
(ii) All employees who wear a respirator for 30 days or more a year
or as required by Sec. 1926.103;
(iii) All employees who are injured, become ill or develop signs or
symptoms due to possible overexposure involving hazardous substances or
health hazards from an emergency response or hazardous waste operation;
and
(iv) Members of HAZMAT teams.
(3) Frequency of medical examinations and consultations. Medical
examinations and consultations shall be made available by the employer
to each employee covered under paragraph (f)(2) of this section on the
following schedules:
(i) For employees covered under paragraphs (f)(2)(i), (f)(2)(ii),
and (f)(2)(iv):
(A) Prior to assignment;
(B) At least once every twelve months for each employee covered
unless the attending physician believes a longer interval (not greater
than biennially) is appropriate;
(C) At termination of employment or reassignment to an area where
the employee would not be covered if the employee has not had an
examination within the last six months;
(D) As soon as possible upon notification by an employee that the
employee has developed signs or symptoms indicating possible
overexposure to hazardous substances or health hazards, or that the
employee has been injured or exposed above the permissible exposure
limits or published exposure levels in an emergency situation;
(E) At more frequent times, if the examining physician determines
that an increased frequency of examination is medically necessary.
(ii) For employees covered under paragraph (f)(2)(iii) and for all
employees including those of employers covered by paragraph (a)(1)(v)
who may have been injured, received a health impairment, developed signs
or symptoms which may have resulted from exposure to hazardous
substances resulting from an emergency incident, or exposed during an
emergency incident to hazardous substances at concentrations above the
permissible exposure limits or the published exposure levels without the
necessary personal protective equipment being used:
[[Page 152]]
(A) As soon as possible following the emergency incident or
development of signs or symptoms;
(B) At additional times, if the examining physician determines that
follow-up examinations or consultations are medically necessary.
(4) Content of medical examinations and consultations. (i) Medical
examinations required by paragraph (f)(3) of this section shall include
a medical and work history (or updated history if one is in the
employee's file) with special emphasis on symptoms related to the
handling of hazardous substances and health hazards, and to fitness for
duty including the ability to wear any required PPE under conditions
(i.e., temperature extremes) that may be expected at the work site.
(ii) The content of medical examinations or consultations made
available to employees pursuant to paragraph (f) shall be determined by
the attending physician. The guidelines in the Occupational Safety and
Health Guidance Manual for Hazardous Waste Site Activities (See appendix
D, Reference 10) should be consulted.
(5) Examination bv a physician and costs. All medical examinations
and procedures shall be performed by or under the supervision of a
licensed physician, preferably one knowledgeable in occupational
medicine, and shall be provided without cost to the employee, without
loss of pay, and at a reasonable time and place.
(6) Information provided to the physician. The employer shall
provide one copy of this standard and its appendices to the attending
physician, and in addition the following for each employee:
(i) A description of the employee's duties as they relate to the
employee's exposures.
(ii) The employee's exposure levels or anticipated exposure levels.
(iii) A description of any personal protective equipment used or to
be used.
(iv) Information from previous medical examinations of the employee
which is not readily available to the examining physician.
(v) Information required by Sec. 1926.103.
(7) Physician's written opinion. (i) The employer shall obtain and
furnish the employee with a copy of a written opinion from the attending
physician containing the following:
(A) The physician's opinion as to whether the employee has any
detected medical conditions which would place the employee at increased
risk of material impairment of the employee's health from work in
hazardous waste operations or emergency response, or from respirator
use.
(B) The physician's recommended limitations upon the employee's
assigned work.
(C) The results of the medical examination and tests if requested by
the employee.
(D) A statement that the employee has been informed by the physician
of the results of the medical examination and any medical conditions
which require further examination or treatment.
(ii) The written opinion obtained by the employer shall not reveal
specific findings or diagnoses unrelated to occupational exposures.
(8) Recordkeeping. (i) An accurate record of the medical
surveillance required by paragraph (f) of this section shall be
retained. This record shall be retained for the period specified and
meet the criteria of 29 CFR 1926.33.
(ii) The record required in paragraph (f)(8)(i) of this section
shall include at least the following information:
(A) The name and social security number of the employee;
(B) Physician's written opinions, recommended limitations, and
results of examinations and tests;
(C) Any employee medical complaints related to exposure to hazardous
substances;
(D) A copy of the information provided to the examining physician by
the employer, with the exception of the standard and its appendices.
(g) Engineering controls, work practices, and personal protective
equipment for employee protection. Engineering controls, work practices,
personal protective equipment, or a combination of these shall be
implemented in accordance with this paragraph to protect employees from
exposure to hazardous substances and safety and health hazards.
[[Page 153]]
(1) Engineering controls, work practices and PPE for substances
regulated either in Sec. 1926.55, elsewhere in subpart D, or in other
pertinent sections of this part. (i) Engineering controls and work
practices shall be instituted to reduce and maintain employee exposure
to or below the permissible exposure limits for substances regulated
either in Sec. 1926.55 or other pertinent sections of this part, except
to the extent that such controls and practices are not feasible.
Note to (g)(1)(i): Engineering controls which may be feasible
include the use of pressurized cabs or control booths on equipment, and/
or the use of remotely operated material handling equipment. Work
practices which may be feasible are removing all non-essential employees
from potential exposure during opening of drums, wetting down dusty
operations and locating employees upwind of possible hazards.
(ii) Whenever engineering controls and work practices are not
feasible or not required, any reasonable combination of engineering
controls, work practices and PPE shall be used to reduce and maintain
employee exposures to or below the permissible exposure limits or dose
limits for substances regulated either in Sec. 1926.55 or other
pertinent sections of this part.
(iii) The employer shall not implement a schedule of employee
rotation as a means of compliance with permissible exposure limits or
dose limits except when there is no other feasible way of complying with
the airborne or dermal dose limits for ionizing radiation.
(iv) The provisions of subpart D shall be followed.
(2) Engineering controls, work practices, and PPE for substances not
regulated either in Sec. 1926.55, elsewhere in subpart D, or in other
pertinent sections of this part. An appropriate combination of
engineering controls, work practices and personal protective equipment
shall be used to reduce and maintain employee exposure to or below
published exposure levels for hazardous substances and health hazards
not regulated either in Sec. 1926.55, elsewhere in subpart D, or in
other pertinent sections of this part. The employer may use the
published literature and MSDS as a guide in making the employer's
determination as to what level of protection the employer believes is
appropriate for hazardous substances and health hazards for which there
is no permissible exposure limit or published exposure limit.
(3) Personal protective equipment selection. (i) Personal protective
equipment (PPE) shall be selected and used which will protect employees
from the hazards and potential hazards they are likely to encounter as
identified during the site characterization and analysis.
(ii) Personal protective equipment selection shall be based on an
evaluation of the performance characteristics of the PPE relative to the
requirements and limitations of the site, the task-specific conditions
and duration, and the hazards and potential hazards identified at the
site.
(iii) Positive pressure self-contained breathing apparatus, or
positive pressure air-line respirators equipped with an escape air
supply, shall be used when chemical exposure levels present will create
a substantial possibility of immediate death, immediate serious illness
or injury, or impair the ability to escape.
(iv) Totally-encapsulating chemical protective suits (protection
equivalent to Level A protection as recommended in appendix B) shall be
used in conditions where skin absorption of a hazardous substance may
result in a substantial possibility of immediate death, immediate
serious illness or injury, or impair the ability to escape.
(v) The level of protection provided by PPE selection shall be
increased when additional information on site conditions indicates that
increased protection is necessary to reduce employee exposures below
permissible exposure limits and published exposure levels for hazardous
substances and health hazards. (See appendix B for guidance on selecting
PPE ensembles.)
Note to (g)(3): The level of employee protection provided may be
decreased when additional information or site conditions show that
decreased protection will not result in hazardous exposures to
employees.
(vi) Personal protective equipment shall be selected and used to
meet the requirements of subpart E of this part and additional
requirements specified in this section.
[[Page 154]]
(4) Totally-encapsulating chemical protective suits. (i) Totally-
encapsulating suits shall protect employees from the particular hazards
which are identified during site characterization and analysis.
(ii) Totally-encapsulating suits shall be capable of maintaining
positive air pressure. (See appendix A for a test method which may be
used to evaluate this requirement.)
(iii) Totally-encapsulating suits shall be capable of preventing
inward test gas leakage of more than 0.5 percent. (See appendix A for a
test method which may be used to evaluate this requirement.)
(5) Personal protective equipment (PPE) program. A written personal
protective equipment program, which is part of the employer's safety and
health program required in paragraph (b) of this section or required in
paragraph (p)(1) of this section and which is also a part of the site-
specific safety and health plan shall be established. The PPE program
shall address the elements listed below. When elements, such as donning
and doffing procedures, are provided by the manufacturer of a piece of
equipment and are attached to the plan, they need not be rewritten into
the plan as long as they adequately address the procedure or element.
(i) PPE selection based upon site hazards,
(ii) PPE use and limitations of the equipment,
(iii) Work mission duration,
(iv) PPE maintenance and storage,
(v) PPE decontamination and disposal,
(vi) PPE training and proper fitting,
(vii) PPE donning and doffing procedures,
(viii) PPE inspection procedures prior to, during, and after use,
(ix) Evaluation of the effectiveness of the PPE program, and
(x) Limitations during temperature extremes, heat stress, and other
appropriate medical considerations.
(h) Monitoring--(1) General. (i) Monitoring shall be performed in
accordance with this paragraph where there may be a question of employee
exposure to hazardous concentrations of hazardous substances in order to
assure proper selection of engineering controls, work practices and
personal protective equipment so that employees are not exposed to
levels which exceed permissible exposure limits, or published exposure
levels if there are no permissible exposure limits, for hazardous
substances.
(ii) Air monitoring shall be used to identify and quantify airborne
levels of hazardous substances and safety and health hazards in order to
determine the appropriate level of employee protection needed on site.
(2) Initial entry. Upon initial entry, representative air monitoring
shall be conducted to identify any IDLH condition, exposure over
permissible exposure limits or published exposure levels, exposure over
a radioactive material's dose limits or other dangerous condition such
as the presence of flammable atmospheres or oxygen-deficient
environments.
(3) Periodic monitoring. Periodic monitoring shall be conducted when
the possibility of an IDLH condition or flammable atmosphere has
developed or when there is indication that exposures may have risen over
permissible exposure limits or published exposure levels since prior
monitoring. Situations where it shall be considered whether the
possibility that exposures have risen are as follows:
(i) When work begins on a different portion of the site.
(ii) When contaminants other than those previously identified are
being handled.
(iii) When a different type of operation is initiated (e.g., drum
opening as opposed to exploratory well drilling).
(iv) When employees are handling leaking drums or containers or
working in areas with obvious liquid contamination (e.g., a spill or
lagoon).
(4) Monitoring of high-risk employees. After the actual clean-up
phase of any hazardous waste operation commences; for example, when
soil, surface water or containers are moved or disturbed; the employer
shall monitor those employees likely to have the highest exposures to
hazardous substances and health hazards likely to be present above
permissible exposure limits or published exposure levels by using
personal sampling frequently enough to characterize employee exposures.
If the
[[Page 155]]
employees likely to have the highest exposure are over permissible
exposure limits or published exposure limits, then monitoring shall
continue to determine all employees likely to be above those limits. The
employer may utilize a representative sampling approach by documenting
that the employees and chemicals chosen for monitoring are based on the
criteria stated above.
Note to (h): It is not required to monitor employees engaged in site
characterization operations covered by paragraph (c) of this section.
(i) Informational programs. Employers shall develop and implement a
program, which is part of the employer's safety and health program
required in paragraph (b) of this section, to inform employees,
contractors, and subcontractors (or their representative) actually
engaged in hazardous waste operations of the nature, level and degree of
exposure likely as a result of participation in such hazardous waste
operations. Employees, contractors and subcontractors working outside of
the operations part of a site are not covered by this standard.
(j) Handling drums and containers--(1) General. (i) Hazardous
substances and contaminated soils, liquids, and other residues shall be
handled, transported, labeled, and disposed of in accordance with this
paragraph.
(ii) Drums and containers used during the clean-up shall meet the
appropriate DOT, OSHA, and EPA regulations for the wastes that they
contain.
(iii) When practical, drums and containers shall be inspected and
their integrity shall be assured prior to being moved. Drums or
containers that cannot be inspected before being moved because of
storage conditions (i.e., buried beneath the earth, stacked behind other
drums, stacked several tiers high in a pile, etc.) shall be moved to an
accessible location and inspected prior to further handling.
(iv) Unlabelled drums and containers shall be considered to contain
hazardous substances and handled accordingly until the contents are
positively identified and labeled.
(v) Site operations shall be organized to minimize the amount of
drum or container movement.
(vi) Prior to movement of drums or containers, all employees exposed
to the transfer operation shall be warned of the potential hazards
associated with the contents of the drums or containers.
(vii) U.S. Department of Transportation specified salvage drums or
containers and suitable quantities of proper absorbent shall be kept
available and used in areas where spills, leaks, or ruptures may occur.
(viii) Where major spills may occur, a spill containment program,
which is part of the employer's safety and health program required in
paragraph (b) of this section, shall be implemented to contain and
isolate the entire volume of the hazardous substance being transferred.
(ix) Drums and containers that cannot be moved without rupture,
leakage, or spillage shall be emptied into a sound container using a
device classified for the material being transferred.
(x) A ground-penetrating system or other type of detection system or
device shall be used to estimate the location and depth of buried drums
or containers.
(xi) Soil or covering material shall be removed with caution to
prevent drum or container rupture.
(xii) Fire extinguishing equipment meeting the requirements of
subpart F of this part shall be on hand and ready for use to control
incipient fires.
(2) Openinq drums and containers. The following procedures shall be
followed in areas where drums or containers are being opened:
(i) Where an airline respirator system is used, connections to the
source of air supply shall be protected from contamination and the
entire system shall be protected from physical damage.
(ii) Employees not actually involved in opening drums or containers
shall be kept a safe distance from the drums or containers being opened.
(iii) If employees must work near or adjacent to drums or containers
being opened, a suitable shield that does not interfere with the work
operation shall be placed between the employee and the drums or
containers being opened to protect the employee in case of accidental
explosion.
[[Page 156]]
(iv) Controls for drum or container opening equipment, monitoring
equipment, and fire suppression equipment shall be located behind the
explosion-resistant barrier.
(v) When there is a reasonable possibility of flammable atmospheres
being present, material handling equipment and hand tools shall be of
the type to prevent sources of ignition.
(vi) Drums and containers shall be opened in such a manner that
excess interior pressure will be safely relieved. If pressure can not be
relieved from a remote location, appropriate shielding shall be placed
between the employee and the drums or containers to reduce the risk of
employee injury.
(vii) Employees shall not stand upon or work from drums or
containers.
(3) Material handling equipment. Material handiing equipment used to
transfer drums and containers shall be selected, positioned and operated
to minimize sources of ignition related to the equipment from igniting
vapors released from ruptured drums or containers.
(4) Radioactive wastes. Drums and containers containing radioactive
wastes shall not be handled until such time as their hazard to employees
is properly assessed.
(5) Shock sensitive wastes. As a minimum, the following special
precautions shall be taken when drums and containers containing or
suspected of containing shock-sensitive wastes are handled:
(i) All non-essential employees shall be evacuated from the area of
transfer.
(ii) Material handling equipment shall be provided with explosive
containment devices or protective shields to protect equipment operators
from exploding containers.
(iii) An employee alarm system capable of being perceived above
surrounding light and noise conditions shall be used to signal the
commencement and completion of explosive waste handling activities.
(iv) Continuous communications (i.e., portable radios, hand signals,
telephones, as appropriate) shall be maintained between the employee-in-
charge of the immediate handling area and both the site safety and
health supervisor and the command post until such time as the handling
operation is completed. Communication equipment or methods that could
cause shock sensitive materials to explode shall not be used.
(v) Drums and containers under pressure, as evidenced by bulging or
swelling, shall not be moved until such time as the cause for excess
pressure is determined and appropriate containment procedures have been
implemented to protect employees from explosive relief of the drum.
(vi) Drums and containers containing packaged laboratory wastes
shall be considered to contain shock-sensitive or explosive materials
until they have been characterized.
Caution: Shipping of shock sensitive wastes may be prohibited under
U.S. Department of Transportation regulations. Employers and their
shippers should refer to 49 CFR 173.21 and 173.50.
(6) Laboratory waste packs. In addition to the requirements of
paragraph (j)(5) of this section, the following precautions shall be
taken, as a minimum, in handling laboratory waste packs (lab packs):
(i) Lab packs shall be opened only when necessary and then only by
an individual knowledgeable in the inspection, classification, and
segregation of the containers within the pack according to the hazards
of the wastes.
(ii) If crystalline material is noted on any container, the contents
shall be handled as a shock-sensitive waste until the contents are
identified.
(7) Sampling of drum and container contents. Sampling of containers
and drums shall be done in accordance with a sampling procedure which is
part of the site safety and health plan developed for and available to
employees and others at the specific worksite.
(8) Shipping and transport. (i) Drums and containers shall be
identified and classified prior to packaging for shipment.
(ii) Drum or container staging areas shall be kept to the minimum
number necessary to identify and classify materials safely and prepare
them for transport.
(iii) Staging areas shall be provided with adequate access and
egress routes.
[[Page 157]]
(iv) Bulking of hazardous wastes shall be permitted only after a
thorough characterization of the materials has been completed.
(9) Tank and vault procedures. (i) Tanks and vaults containing
hazardous substances shall be handled in a manner similar to that for
drums and containers, taking into consideration the size of the tank or
vault.
(ii) Appropriate tank or vault entry procedures as described in the
employer's safety and health plan shall be followed whenever employees
must enter a tank or vault.
(k) Decontamination--(1) General. Procedures for all phases of
decontamination shall be developed and implemented in accordance with
this paragraph.
(2) Decontamination procedures. (i) A decontamination procedure
shall be developed, communicated to employees and implemented before any
employees or equipment may enter areas on site where potential for
exposure to hazardous substances exists.
(ii) Standard operating procedures shall be developed to minimize
employee contact with hazardous substances or with equipment that has
contacted hazardous substances.
(iii) All employees leaving a contaminated area shall be
appropriately decontaminated; all contaminated clothing and equipment
leaving a contaminated area shall be appropriately disposed of or
decontaminated.
(iv) Decontamination procedures shall be monitored by the site
safety and health supervisor to determine their effectiveness. When such
procedures are found to be ineffective, appropriate steps shall be taken
to correct any deficiencies.
(3) Location. Decontamination shall be performed in geographical
areas that will minimize the exposure of uncontaminated employees or
equipment to contaminated employees or equipment.
(4) Equipment and solvents. All equipment and solvents used for
decontamination shall be decontaminated or disposed of properly.
(5) Personal protective clothing and equipment. (i) Protective
clothing and equipment shall be decontaminated, cleaned, laundered,
maintained or replaced as needed to maintain their effectiveness.
(ii) Employees whose non-impermeable clothing becomes wetted with
hazardous substances shall immediately remove that clothing and proceed
to shower. The clothing shall be disposed of or decontaminated before it
is removed from the work zone.
(6) Unauthorized employees. Unauthorized employees shall not remove
protective clothing or equipment from change rooms.
(7) Commercial laundries or cleaning establishments. Commercial
laundries or cleaning establishments that decontaminate protective
clothing or equipment shall be informed of the potentially harmful
effects of exposures to hazardous substances.
(8) Showers and change rooms. Where the decontamination procedure
indicates a need for regular showers and change rooms outside of a
contaminated area, they shall be provided and meet the requirements of
29 CFR 1910.141. If temperature conditions prevent the effective use of
water, then other effective means for cleansing shall be provided and
used.
(l) Emergency response by employees at uncontrolled hazardous waste
sites--(1) Emergency response plan. (i) An emergency response plan shall
be developed and implemented by all employers within the scope of
paragraphs (a)(1) (i)-(ii) of this section to handle anticipated
emergencies prior to the commencement of hazardous waste operations. The
plan shall be in writing and available for inspection and copying by
employees, their representatives, OSHA personnel and other governmental
agencies with relevant responsibilities.
(ii) Employers who will evacuate their employees from the danger
area when an emergency occurs, and who do not permit any of their
employees to assist in handling the emergency, are exempt from the
requirements of this paragraph if they provide an emergency action plan
complying with Sec. 1926.35 of this part.
(2) Elements of an emergency response plan. The employer shall
develop an emergency response plan for emergencies which shall address,
as a minimum, the following:
[[Page 158]]
(i) Pre-emergency planning.
(ii) Personnel roles, lines of authority, and communication.
(iii) Emergency recognition and prevention.
(iv) Safe distances and places of refuge.
(v) Site security and control.
(vi) Evacuation routes and procedures.
(vii) Decontamination procedures which are not covered by the site
safety and health plan.
(viii) Emergency medical treatment and first aid.
(ix) Emergency alerting and response procedures.
(x) Critique of response and follow-up.
(xi) PPE and emergency equipment.
(3) Procedures for handling emergency incidents. (i) In addition to
the elements for the emergency response plan required in paragraph
(1)(2) of this section, the following elements shall be included for
emergency response plans:
(A) Site topography, layout, and prevailing weather conditions.
(B) Procedures for reporting incidents to local, state, and federal
governmental agencies.
(ii) The emergency response plan shall be a separate section of the
Site Safety and Health Plan.
(iii) The emergency response plan shall be compatible and integrated
with the disaster, fire and/or emergency response plans of local, state,
and federal agencies.
(iv) The emergency response plan shall be rehearsed regularly as
part of the overall training program for site operations.
(v) The site emergency response plan shall be reviewed periodically
and, as necessary, be amended to keep it current with new or changing
site conditions or information.
(vi) An employee alarm system shall be installed in accordance with
29 CFR 1926.159 to notify employees of an emergency situation; to stop
work activities if necessary; to lower background noise in order to
speed communication; and to begin emergency procedures.
(vii) Based upon the information available at time of the emergency,
the employer shall evaluate the incident and the site response
capabilities and proceed with the appropriate steps to implement the
site emergency response plan.
(m) Illumination. Areas accessible to employees shall be lighted to
not less than the minimum illumination intensities listed in the
following Table D-65.1 while any work is in progress:
Table D-65.1--Minimum Illumination Intensities in Foot-Candles
------------------------------------------------------------------------
Foot-candles Area or operations
------------------------------------------------------------------------
5...................................... General site areas.
3...................................... Excavation and waste areas,
accessways, active storage
areas, loading platforms,
refueling, and field
maintenance areas.
5...................................... Indoors: Warehouses,
corridors, hallways, and
exitways.
5...................................... Tunnels, shafts, and general
underground work areas.
(Exception: Minimum of 10 foot-
candles is required at tunnel
and shaft heading during
drilling mucking, and scaling.
Mine Safety and Health
Administration approved cap
lights shall be acceptable for
use in the tunnel heading.)
10..................................... General shops (e.g.,
mechanical and electrical
equipment rooms, active
storerooms, barracks or living
quarters, locker or dressing
rooms, dining areas, and
indoor toilets and workrooms.)
30..................................... First aid stations,
infirmaries, and offices.
------------------------------------------------------------------------
(n) Sanitation at temporary workplaces--(1) Potable water. (i) An
adequate supply of potable water shall be provided on the site.
(ii) Portable containers used to dispense drinking water shall be
capable of being tightly closed, and equipped with a tap. Water shall
not be dipped from containers.
(iii) Any container used to distribute drinking water shall be
clearly marked as to the nature of its contents and not used for any
other purpose.
(iv) Where single service cups (to be used but once) are supplied,
both a sanitary container for the unused cups and a receptacle for
disposing of the used cups shall be provided.
(2) Nonpotable water. (i) Outlets for nonpotable water, such as
water for firefighting purposes, shall be identified to indicate clearly
that the water is unsafe and is not to be used for drinking, washing, or
cooking purposes.
(ii) There shall be no cross-connection, open or potential, between
a system furnishing potable water and a system furnishing nonpotable
water.
[[Page 159]]
(3) Toilet facilities. (i) Toilets shall be provided for employees
according to the following Table D-65.2.
Table D-65.2--Toilet Facilities
------------------------------------------------------------------------
Minimum number of
Number of employees facilities
------------------------------------------------------------------------
20 or fewer............................... One.
More than 20, fewer than 200.............. One toilet seat and one
urinal per 40 employees.
More than 200............................. One toilet seat and one
urinal per 50 employees.
------------------------------------------------------------------------
(ii) Under temporary field conditions, provisions shall be made to
assure that at least one toilet facility is available.
(iii) Hazardous waste sites not provided with a sanitary sewer shall
be provided with the following toilet facilities unless prohibited by
local codes:
(A) Chemical toilets;
(B) Recirculating toilets;
(C) Combustion toilets; or
(D) Flush toilets.
(iv) The requirements of this paragraph for sanitation facilities
shall not apply to mobile crews having transportation readily available
to nearby toilet facilities.
(v) Doors entering toilet facilities shall be provided with entrance
locks controlled from inside the facility.
(4) Food handling. All food service facilities and operations for
employees shall meet the applicable laws, ordinances, and regulations of
the jurisdictions in which they are located.
(5) Temporary sleeping quarters. When temporary sleeping quarters
are provided, they shall be heated, ventilated, and lighted.
(6) Washing facilities. The employer shall provide adequate washing
facilities for employees engaged in operations where hazardous
substances may be harmful to employees. Such facilities shall be in near
proximity to the worksite; in areas where exposures are below
permissible exposure limits and published exposure levels and which are
under the controls of the employer; and shall be so equipped as to
enable employees to remove hazardous substances from themselves.
(7) Showers and change rooms. When hazardous waste clean-up or
removal operations commence on a site and the duration of the work will
require six months or greater time to complete, the employer shall
provide showers and change rooms for all employees exposed to hazardous
substances and health hazards involved in hazardous waste clean-up or
removal operations.
(i) Showers shall be provided and shall meet the requirements of 29
CFR 1926.51(f)(4).
(ii) Change rooms shall be provided and shall meet the requirements
of 29 CFR 1926.51(i). Change rooms shall consist of two separate change
areas separated by the shower area required in paragraph (n)(7)(i) of
this section. One change area, with an exit leading off the worksite,
shall provide employees with a clean area where they can remove, store,
and put on street clothing. The second area, with an exit to the
worksite, shall provide employees with an area where they can put on,
remove and store work clothing and personal protective equipment.
(iii) Showers and change rooms shall be located in areas where
exposures are below the permissible exposure limits and published
exposure levels. If this cannot be accomplished, then a ventilation
system shall be provided that will supply air that is below the
permissible exposure limits and published exposure levels.
(iv) Employers shall assure that employees shower at the end of
their work shift and when leaving the hazardous waste site.
(o) New technology programs. (1) The employer shall develop and
implement procedures for the introduction of effective new technologies
and equipment developed for the improved protection of employees working
with hazardous waste clean-up operations, and the same shall be
implemented as part of the site safety and health program to assure that
employee protection is being maintained.
(2) New technologies, equipment or control measures available to the
industry, such as the use of foams, absorbents, adsorbents,
neutralizers, or other means to suppress the level of air contaminates
while excavating the site or for spill control, shall be evaluated by
employers or their representatives. Such an evaluation shall be done to
determine the effectiveness of the new methods, materials, or equipment
before implementing their use on a large
[[Page 160]]
scale for enhancing employee protection. Information and data from
manufacturers or suppliers may be used as part of the employer's
evaluation effort. Such evaluations shall be made available to OSHA upon
request.
(p) Certain operations conducted under the Resource Conservation and
Recovery Act of 1976 (RCRA). Employers conducting operations at
treatment, storage and disposal (TSD) facilities specified in paragraph
(a)(1)(iv) of this section shall provide and implement the programs
specified in this paragraph. See the ``Notes and Exceptions'' to
paragraph (a)(2)(iii) of this section for employers not covered.)''.
(1) Safety and health program. The employer shall develop and
implement a written safety and health program for employees involved in
hazardous waste operations that shall be available for inspection by
employees, their representatives and OSHA personnel. The program shall
be designed to identify, evaluate and control safety and health hazards
in their facilities for the purpose of employee protection, to provide
for emergency response meeting the requirements of paragraph (p)(8) of
this section and to address as appropriate site analysis, engineering
controls, maximum exposure limits, hazardous waste handling procedures
and uses of new technologies.
(2) Hazard communication program. The employer shall implement a
hazard communication program meeting the requirements of 29 CFR 1926.59
as part of the employer's safety and program.
Note to 1926.65--The exemption for hazardous waste provided in
Sec. 1926.59 is applicable to this section.
(3) Medical surveillance program. The employer shall develop and
implement a medical surveillance program meeting the requirements of
paragraph (f) of this section.
(4) Decontamination program. The employer shall develop and
implement a decontamination procedure meeting the requirements of
paragraph (k) of this section.
(5) New technology program. The employer shall develop and implement
procedures meeting the requirements of paragraph (o) of this section for
introducing new and innovative equipment into the workplace.
(6) Material handling program. Where employees will be handling
drums or containers, the employer shall develop and implement procedures
meeting the requirements of paragraphs (j)(1) (ii) through (viii) and
(xi) of this section, as well as (j)(3) and (j)(8) of this section prior
to starting such work.
(7) Training program--(i) New employees. The employer shall develop
and implement a training program, which is part of the employer's safety
and health program, for employees exposed to health hazards or hazardous
substances at TSD operations to enable the employees to perform their
assigned duties and functions in a safe and healthful manner so as not
endanger themselves or other employees. The initial training shall be
for 24 hours and refresher training shall be for eight hours annually.
Employees who have received the initial training required by this
paragraph shall be given a written certificate attesting that they have
successfully completed the necessary training.
(ii) Current employees. Employers who can show by an employee's
previous work experience and/or training that the employee has had
training equivalent to the initial training required by this paragraph,
shall be considered as meeting the initial training requirements of this
paragraph as to that employee. Equivalent training includes the training
that existing employees might have already received from actual site
work experience. Current employees shall receive eight hours of
refresher training annually.
(iii) Trainers. Trainers who teach initial training shall have
satisfactorily completed a training course for teaching the subjects
they are expected to teach or they shall have the academic credentials
and instruction experience necessary to demonstrate a good command of
the subject matter of the courses and competent instructional skills.
(8) Emergency response program--(i) Emergency response plan. An
emergency response plan shall be developed and implemented by all
employers. Such plans need not duplicate any of the
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subjects fully addressed in the employer's contingency planning required
by permits, such as those issued by the U.S. Environmental Protection
Agency, provided that the contingency plan is made part of the emergency
response plan. The emergency response plan shall be a written portion of
the employers safety and health program required in paragraph (p)(1) of
this section. Employers who will evacuate their employees from the
worksite location when an emergency occurs and who do not permit any of
their employees to assist in handling the emergency are exempt from the
requirements of paragraph (p)(8) if they provide an emergency action
plan complying with Sec. 1926.35 of this part.
(ii) Elements of an emergency response plan. The employer shall
develop an emergency response plan for emergencies which shall address,
as a minimum, the following areas to the extent that they are not
addressed in any specific program required in this paragraph:
(A) Pre-emergency planning and coordination with outside parties.
(B) Personnel roles, lines of authority, and communication.
(C) Emergency recognition and prevention.
(D) Safe distances and places of refuge.
(E) Site security and control.
(F) Evacuation routes and procedures.
(G) Decontamination procedures.
(H) Emergency medical treatment and first aid.
(I) Emergency alerting and response procedures.
(J) Critique of response and follow-up.
(K) PPE and emergency equipment.
(iii) Training. (A) Training for emergency response employees shall
be completed before they are called upon to perform in real emergencies.
Such training shall include the elements of the emergency response plan,
standard operating procedures the employer has established for the job,
the personal protective equipment to be worn and procedures for handling
emergency incidents.
Exception 1: An employer need not train all employees to the degree
specified if the employer divides the work force in a manner such that a
sufficient number of employees who have responsibility to control
emergencies have the training specified, and all other employees, who
may first respond to an emergency incident, have sufficient awareness
training to recognize that an emergency response situation exists and
that they are instructed in that case to summon the fully trained
employees and not attempt control activities for which they are not
trained.
Exception 2: An employer need not train all employees to the degree
specified if arrangements have been made in advance for an outside
fully-trained emergency response team to respond in a reasonable period
and all employees, who may come to the incident first, have sufficient
awareness training to recognize that an emergency response situation
exists and they have been instructed to call the designated outside
fully-trained emergency response team for assistance.
(B) Employee members of TSD facility emergency response
organizations shall be trained to a level of competence in the
recognition of health and safety hazards to protect themselves and other
employees. This would include training in the methods used to minimize
the risk from safety and health hazards; in the safe use of control
equipment; in the selection and use of appropriate personal protective
equipment; in the safe operating procedures to be used at the incident
scene; in the techniques of coordination with other employees to
minimize risks; in the appropriate response to over exposure from health
hazards or injury to themselves and other employees; and in the
recognition of subsequent symptoms which may result from over exposures.
(C) The employer shall certify that each covered employee has
attended and successfully completed the training required in paragraph
(p)(8)(iii) of this section, or shall certify the employee's competency
at least yearly. The method used to demonstrate competency for
certification of training shall be recorded and maintained by the
employer.
(iv) Procedures for handling emergency incidents. (A) In addition to
the elements for the emergency response plan required in paragraph
(p)(8)(ii) of this section, the following elements shall be included for
emergency response plans to the extent that they do not repeat
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any information already contained in the emergency response plan:
(1) Site topography, layout, and prevailing weather conditions.
(2) Procedures for reporting incidents to local, state, and federal
governmental agencies.
(B) The emergency response plan shall be compatible and integrated
with the disaster, fire and/or emergency response plans of local, state,
and federal agencies.
(C) The emergency response plan shall be rehearsed regularly as part
of the overall training program for site operations.
(D) The site emergency response plan shall be reviewed periodically
and, as necessary, be amended to keep it current with new or changing
site conditions or information.
(E) An employee alarm system shall be installed in accordance with
29 CFR 1926.159 to notify employees of an emergency situation; to stop
work activities if necessary; to lower background noise in order to
speed communication; and to begin emergency procedures.
(F) Based upon the information available at time of the emergency,
the employer shall evaluate the incident and the site response
capabilities and proceed with the appropriate steps to implement the
site emergency response plan.
(q) Emerqency response to hazardous substance releases. This
paragraph covers employers whose employees are engaged in emergency
response no matter where it occurs except that it does not cover
employees engaged in operations specified in paragraphs (a)(1)(i)
through (a)(1)(iv) of this section. Those emergency response
organizations who have developed and implemented programs equivalent to
this paragraph for handling releases of hazardous substances pursuant to
section 303 of the Superfund Amendments and Reauthorization Act of 1986
(Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C.
11003) shall be deemed to have met the requirements of this paragraph.
(1) Emergency response plan. An emergency response plan shall be
developed and implemented to handle anticipated emergencies prior to the
commencement of emergency response operations. The plan shall be in
writing and available for inspection and copying by employees, their
representatives and OSHA personnel. Employers who will evacuate their
employees from the danger area when an emergency occurs, and who do not
permit any of their employees to assist in handling the emergency, are
exempt from the requirements of this paragraph if they provide an
emergency action plan in accordance with Sec. 1926.35 of this part.
(2) Elements of an emergency response plan. The employer shall
develop an emergency response plan for emergencies which shall address,
as a minimum, the following to the extent that they are not addressed
elsewhere:
(i) Pre-emergency planning and coordination with outside parties.
(ii) Personnel roles, lines of authority, training, and
communication.
(iii) Emergency recognition and prevention.
(iv) Safe distances and places of refuge.
(v) Site security and control.
(vi) Evacuation routes and procedures.
(vii) Decontamination.
(viii) Emergency medical treatment and first aid.
(ix) Emergency alerting and response procedures.
(x) Critique of response and follow-up.
(xi) PPE and emergency equipment.
(xii) Emergency response organizations may use the local emergency
response plan or the state emergency response plan or both, as part of
their emergency response plan to avoid duplication. Those items of the
emergency response plan that are being properly addressed by the SARA
Title III plans may be substituted into their emergency plan or
otherwise kept together for the employer and employee's use.
(3) Procedures for handlinq emergency response. (i) The senior
emergency response official responding to an emergency shall become the
individual in charge of a site-specific Incident Command System (ICS).
All emergency responders and their communications shall be coordinated
and controlled through the individual in charge of the
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ICS assisted by the senior official present for each employer.
Note to (q)(3)(i).--The senior official at an emergency response is
the most senior official on the site who has the responsibility for
controlling the operations at the site. Initially it is the senior
officer on the first-due piece of responding emergency apparatus to
arrive on the incident scene. As more senior officers arrive (i.e.,
battalion chief, fire chief, state law enforcement official, site
coordinator, etc.) the position is passed up the line of authority which
has been previously established.
(ii) The individual in charge of the ICS shall identify, to the
extent possible, all hazardous substances or conditions present and
shall address as appropriate site analysis, use of engineering controls,
maximum exposure limits, hazardous substance handling procedures, and
use of any new technologies.
(iii) Based on the hazardous substances and/or conditions present,
the individual in charge of the ICS shall implement appropriate
emergency operations, and assure that the personal protective equipment
worn is appropriate for the hazards to be encountered. However, personal
protective equipment shall meet, at a minimum, the criteria contained in
29 CFR 1926.97 when worn while performing fire fighting operations
beyond the incipient stage for any incident.
(iv) Employees engaged in emergency response and exposed to
hazardous substances presenting an inhalation hazard or potential
inhalation hazard shall wear positive pressure self-contained breathing
apparatus while engaged in emergency response, until such time that the
individual in charge of the ICS determines through the use of air
monitoring that a decreased level of respiratory protection will not
result in hazardous exposures to employees.
(v) The individual in charge of the ICS shall limit the number of
emergency response personnel at the emergency site, in those areas of
potential or actual exposure to incident or site hazards, to those who
are actively performing emergency operations. However, operations in
hazardous areas shall be performed using the buddy system in groups of
two or more.
(vi) Back-up personnel shall stand by with equipment ready to
provide assistance or rescue. Advance first aid support personnel, as a
minimum, shall also stand by with medical equipment and transportation
capability.
(vii) The individual in charge of the ICS shall designate a safety
official, who is knowledgable in the operations being implemented at the
emergency response site, with specific responsibility to identify and
evaluate hazards and to provide direction with respect to the safety of
operations for the emergency at hand.
(viii) When activities are judged by the safety official to be an
IDLH condition and/or to involve an imminent danger condition, the
safety official shall have the authority to alter, suspend, or terminate
those activities. The safety official shall immediately inform the
individual in charge of the ICS of any actions needed to be taken to
correct these hazards at the emergency scene.
(ix) After emergency operations have terminated, the individual in
charge of the ICS shall implement appropriate decontamination
procedures.
(x) When deemed necessary for meeting the tasks at hand, approved
self-contained compressed air breathing apparatus may be used with
approved cylinders from other approved self-contained compressed air
breathing apparatus provided that such cylinders are of the same
capacity and pressure rating. All compressed air cylinders used with
self-contained breathing apparatus shall meet U.S. Department of
Transportation and National Institute for Occupational Safety and Health
criteria.
(4) Skilled support personnel. Personnel, not necessarily an
employer's own employees, who are skilled in the operation of certain
equipment, such as mechanized earth moving or digging equipment or crane
and hoisting equipment, and who are needed temporarily to perform
immediate emergency support work that cannot reasonably be performed in
a timely fashion by an employer's own employees, and who will be or may
be exposed to the hazards at an emergency response scene, are not
required to meet the training required in this paragraph for the
employer's regular employees. However,
[[Page 164]]
these personnel shall be given an initial briefing at the site prior to
their participation in any emergency response. The initial briefing
shall include instruction in the wearing of appropriate personal
protective equipment, what chemical hazards are involved, and what
duties are to be performed. All other appropriate safety and health
precautions provided to the employer's own employees shall be used to
assure the safety and health of these personnel.
(5) Specialist employees. Employees who, in the course of their
regular job duties, work with and are trained in the hazards of specific
hazardous substances, and who will be called upon to provide technical
advice or assistance at a hazardous substance release incident to the
individual in charge, shall receive training or demonstrate competency
in the area of their specialization annually.
(6) Training. Training shall be based on the duties and function to
be performed by each responder of an emergency response organization.
The skill and knowledge levels required for all new responders, those
hired after the effective date of this standard, shall be conveyed to
them through training before they are permitted to take part in actual
emergency operations on an incident. Employees who participate, or are
expected to participate, in emergency response, shall be given training
in accordance with the following paragraphs:
(i) First responder awareness level. First responders at the
awareness level are individuals who are likely to witness or discover a
hazardous substance release and who have been trained to initiate an
emergency response sequence by notifying the proper authorities of the
release. They would take no further action beyond notifying the
authorities of the release. First responders at the awareness level
shall have sufficient training or have had sufficient experience to
objectively demonstrate competency in the following areas:
(A) An understanding of what hazardous substances are, and the risks
associated with them in an incident.
(B) An understanding of the potential outcomes associated with an
emergency created when hazardous substances are present.
(C) The ability to recognize the presence of hazardous substances in
an emergency.
(D) The ability to identify the hazardous substances, if possible.
(E) An understanding of the role of the first responder awareness
individual in the employer's emergency response plan including site
security and control and the U.S. Department of Transportation's
Emergency Response Guidebook.
(F) The ability to realize the need for additional resources, and to
make appropriate notifications to the communication center.
(ii) First responder operations level. First responders at the
operations level are individuals who respond to releases or potential
releases of hazardous substances as part of the initial response to the
site for the purpose of protecting nearby persons, property, or the
environment from the effects of the release. They are trained to respond
in a defensive fashion without actually trying to stop the release.
Their function is to contain the release from a safe distance, keep it
from spreading, and prevent exposures. First responders at the
operational level shall have received at least eight hours of training
or have had sufficient experience to objectively demonstrate competency
in the following areas in addition to those listed for the awareness
level and the employer shall so certify:
(A) Knowledge of the basic hazard and risk assessment techniques.
(B) Know how to select and use proper personal protective equipment
provided to the first responder operational level.
(C) An understanding of basic hazardous materials terms.
(D) Know how to perform basic control, containment and/or
confinement operations within the capabilities of the resources and
personal protective equipment available with their unit.
(E) Know how to implement basic decontamination procedures.
(F) An understanding of the relevant standard operating procedures
and termination procedures.
(iii) Hazardous materials technician. Hazardous materials
technicians are
[[Page 165]]
individuals who respond to releases or potential releases for the
purpose of stopping the release. They assume a more aggressive role than
a first responder at the operations level in that they will approach the
point of release in order to plug, patch or otherwise stop the release
of a hazardous substance. Hazardous materials technicians shall have
received at least 24 hours of training equal to the first responder
operations level and in addition have competency in the following areas
and the employer shall so certify:
(A) Know how to implement the employer's emergency response plan.
(B) Know the classification, identification and verification of
known and unknown materials by using field survey instruments and
equipment.
(C) Be able to function within an assigned role in the Incident
Command System.
(D) Know how to select and use proper specialized chemical personal
protective equipment provided to the hazardous materials technician.
(E) Understand hazard and risk assessment techniques.
(F) Be able to perform advance control, containment, and/or
confinement operations within the capabilities of the resources and
personal protective equipment available with the unit.
(G) Understand and implement decontamination procedures.
(H) Understand termination procedures.
(I) Understand basic chemical and toxicological terminology and
behavior.
(iv) Hazardous materials specialist. Hazardous materials specialists
are individuals who respond with and provide support to hazardous
materials technicians. Their duties parallel those of the hazardous
materials technician, however, those duties require a more directed or
specific knowledge of the various substances they may be called upon to
contain. The hazardous materials specialist would also act as the site
liaison with Federal, state, local and other government authorities in
regards to site activities. Hazardous materials specialists shall have
received at least 24 hours of training equal to the technician level and
in addition have competency in the following areas and the employer
shall so certify:
(A) Know how to implement the local emergency response plan.
(B) Understand classification, identification and verification of
known and unknown materials by using advanced survey instruments and
equipment.
(C) Know of the state emergency response plan.
(D) Be able to select and use proper specialized chemical personal
protective equipment provided to the hazardous materials specialist.
(E) Understand in-depth hazard and risk techniques.
(F) Be able to perform specialized control, containment, and/or
confinement operations within the capabilities of the resources and
personal protective equipment available.
(G) Be able to determine and implement decontamination procedures.
(H) Have the ability to develop a site safety and control plan.
(I) Understand chemical, radiological and toxicological terminology
and behavior.
(v) On scene incident commander. Incident commanders, who will
assume control of the incident scene beyond the first responder
awareness level, shall receive at least 24 hours of training equal to
the first responder operations level and in addition have competency in
the following areas and the employer shall so certify:
(A) Know and be able to implement the employer's incident command
system.
(B) Know how to implement the employer's emergency response plan.
(C) Know and understand the hazards and risks associated with
employees working in chemical protective clothing.
(D) Know how to implement the local emergency response plan.
(E) Know of the state emergency response plan and of the Federal
Regional Response Team.
(F) Know and understand the importance of decontamination
procedures.
(7) Trainers. Trainers who teach any of the above training subjects
shall have satisfactorily completed a training course for teaching the
subjects they are expected to teach, such as the courses offered by the
U.S. National
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Fire Academy, or they shall have the training and/or academic
credentials and instructional experience necessary to demonstrate
competent instructional skills and a good command of the subject matter
of the courses they are to teach.
(8) Refresher training. (i) Those employees who are trained in
accordance with paragraph (q)(6) of this section shall receive annual
refresher training of sufficient content and duration to maintain their
competencies, or shall demonstrate competency in those areas at least
yearly.
(ii) A statement shall be made of the training or competency, and if
a statement of competency is made, the employer shall keep a record of
the methodology used to demonstrate competency.
(9) Medical surveillance and consultation. (i) Members of an
organized and designated HAZMAT team and hazardous materials specialists
shall receive a baseline physical examination and be provided with
medical surveillance as required in paragraph (f) of this section.
(ii) Any emergency response employees who exhibits signs or symptoms
which may have resulted from exposure to hazardous substances during the
course of an emergency incident, either immediately or subsequently,
shall be provided with medical consultation as required in paragraph
(f)(3)(ii) of this section.
(10) Chemical protective clothing. Chemical protective clothing and
equipment to be used by organized and designated HAZMAT team members, or
to be used by hazardous materials specialists, shall meet the
requirements of paragraphs (g) (3) through (5) of this section.
(11) Post-emergency response operations. Upon completion of the
emergency response, if it is determined that it is necessary to remove
hazardous substances, health hazards, and materials contaminated with
them (such as contaminated soil or other elements of the natural
environment) from the site of the incident, the employer conducting the
clean-up shall comply with one of the following:
(i) Meet all of the requirements of paragraphs (b) through (o) of
this section; or
(ii) Where the clean-up is done on plant property using plant or
workplace employees, such employees shall have completed the training
requirements of the following: 29 CFR 1926.35, 1926.59, and 1926.103,
and other appropriate safety and health training made necessary by the
tasks that they are expected to be performed such as personal protective
equipment and decontamination procedures. All equipment to be used in
the performance of the clean-up work shall be in serviceable condition
and shall have been inspected prior to use.
Appendices to Sec. 1926.65--Hazardous Waste Operations and Emergency
Response
Note: The following appendices serve as non-mandatory guidelines to
assist employees and employers in complying with the appropriate
requirements of this section. However Sec. 1926.65(g) makes mandatory in
certain circumstances the use of Level A and Level B PPE protection.
Appendix A to Sec. 1926.65--Personal Protective Equipment Test Methods
This appendix sets forth the non-mandatory examples of tests which
may be used to evaluate compliance with Sec. 1926.65(g)(4) (ii) and
(iii). Other tests and other challenge agents may be used to evaluate
compliance.
A. Totally-encapsulating chemical protective suit pressure test
1.0--Scope
1.1 This practice measures the ability of a gas tight totally-
encapsulating chemical protective suit material, seams, and closures to
maintain a fixed positive pressure. The results of this practice allow
the gas tight integrity of a totally-encapsulating chemical protective
suit to be evaluated.
1.2 Resistance of the suit materials to permeation, penetration,
and degradation by specific hazardous substances is not determined by
this test method.
2.0--Definition of terms
2.1 Totally-encapsulated chemical protective suit (TECP suit) means
a full body garment which is constructed of protective clothing
materials; covers the wearer's torso, head, arms, legs and respirator;
may cover the wearer's hands and feet with tightly attached gloves and
boots; completely encloses the wearer and respirator by itself or in
combination with the wearer's gloves and boots.
2.2 Protective clothing material means any material or combination
of materials used in
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an item of clothing for the purpose of isolating parts of the body from
direct contact with a potentially hazardous liquid or gaseous chemicals.
2.3 Gas tight means, for the purpose of this test method, the
limited flow of a gas under pressure from the inside of a TECP suit to
atmosphere at a prescribed pressure and time interval.
3.0--Summary of test method
3.1 The TECP suit is visually inspected and modified for the test.
The test apparatus is attached to the suit to permit inflation to the
pre-test suit expansion pressure for removal of suit wrinkles and
creases. The pressure is lowered to the test pressure and monitored for
three minutes. If the pressure drop is excessive, the TECP suit fails
the test and is removed from service. The test is repeated after leak
location and repair.
4.0--Required Supplies
4.1 Source of compressed air.
4.2 Test apparatus for suit testing, including a pressure
measurement device with a sensitivity of at least \1/4\ inch water
gauge.
4.3 Vent valve closure plugs or sealing tape.
4.4 Soapy water solution and soft brush.
4.5 Stop watch or appropriate timing device.
5.0--Safety Precautions
5.1 Care shall be taken to provide the correct pressure safety
devices required for the source of compressed air used.
6.0--Test Procedure
6.1 Prior to each test, the tester shall perform a visual inspection
of the suit. Check the suit for seam integrity by visually examining the
seams and gently pulling on the seams. Ensure that all air supply lines,
fittings, visor, zippers, and valves are secure and show no signs of
deterioration.
6.1.1 Seal off the vent valves along with any other normal inlet or
exhaust points (such as umbilical air line fittings or face piece
opening) with tape or other appropriate means (caps, plugs, fixture,
etc.). Care should be exercised in the sealing process not to damage any
of the suit components.
6.1.2 Close all closure assemblies.
6.1.3 Prepare the suit for inflation by providing an improvised
connection point on the suit for connecting an airline. Attach the
pressure test apparatus to the suit to permit suit inflation from a
compressed air source equipped with a pressure indicating regulator. The
leak tightness of the pressure test apparatus should be tested before
and after each test by closing off the end of the tubing attached to the
suit and assuring a pressure of three inches water gauge for three
minutes can be maintained. If a component is removed for the test, that
component shall be replaced and a second test conducted with another
component removed to permit a complete test of the ensemble.
6.1.4 The pre-test expansion pressure (A) and the suit test pressure
(B) shall be supplied by the suit manufacturer, but in no case shall
they be less than: (A)=three inches water gauge; and (B)=two inches
water gauge. The ending suit pressure (C) shall be no less than 80
percent of the test pressure (B); i.e., the pressure drop shall not
exceed 20 percent of the test pressure (B).
6.1.5 Inflate the suit until the pressure inside is equal to
pressure (A), the pre-test expansion suit pressure. Allow at least one
minute to fill out the wrinkles in the suit. Release sufficient air to
reduce the suit pressure to pressure (B), the suit test pressure. Begin
timing. At the end of three minutes, record the suit pressure as
pressure (C), the ending suit pressure. The difference between the suit
test pressure and the ending suit test pressure (B-C) shall be defined
as the suit pressure drop.
6.1.6 If the suit pressure drop is more than 20 percent of the suit
test pressure (B) during the three-minute test period, the suit fails
the test and shall be removed from service.
7.0--Retest Procedure
7.1 If the suit fails the test check for leaks by inflating the suit
to pressure (A) and brushing or wiping the entire suit (including seams,
closures, lens gaskets, glove-to-sleeve joints, etc.) with a mild soap
and water solution. Observe the suit for the formation of soap bubbles,
which is an indication of a leak. Repair all identified leaks.
7.2 Retest the TECP suit as outlined in Test procedure 6.0.
8.0--Report
8.1 Each TECP suit tested by this practice shall have the following
information recorded:
8.1.1 Unique identification number, identifying brand name, date of
purchase, material of construction, and unique fit features, e.g.,
special breathing apparatus.
8.1.2 The actual values for test pressures (A), (B), and (C) shall
be recorded along with the specific observation times. If the ending
pressure (C) is less than 80 percent of the test pressure (B), the suit
shall be identified as failing the test. When possible, the specific
leak location shall be identified in the test records. Retest pressure
data shall be recorded as an additional test.
8.1.3 The source of the test apparatus used shall be identified and
the sensitivity of the pressure gauge shall be recorded.
8.1.4 Records shall be kept for each pressure test even if repairs
are being made at the test location.
CAUTION
Visually inspect all parts of the suit to be sure they are
positioned correctly and secured tightly before putting the suit back
into service. Special care should be taken to examine each exhaust valve
to make sure it is not blocked.
[[Page 168]]
Care should also be exercised to assure that the inside and outside
of the suit is completely dry before it is put into storage.
B. Totally-encapsulating chemical protective suit qualitative leak test
1.0--Scope
1.1 This practice semi-qualitatively tests gas tight totally-
encapsulating chemical protective suit integrity by detecting inward
leakage of ammonia vapor. Since no modifications are made to the suit to
carry out this test, the results from this practice provide a realistic
test for the integrity of the entire suit.
1.2 Resistance of the suit materials to permeation, penetration, and
degradation is not determined by this test method. ASTM test methods are
available to test suit materials for these characteristics and the tests
are usually conducted by the manufacturers of the suits.
2.0--Definition of terms
2.1 Totally-encapsulated chemical protective suit (TECP suit) means
a full body garment which is constructed of protective clothing
materials; covers the wearer's torso, head, arms, legs and respirator;
may cover the wearer's hands and feet with tightly attached gloves and
boots; completely encloses the wearer and respirator by itself or in
combination with the wearer's gloves, and boots.
2.2 Protective clothing material means any material or combination
of materials used in an item of clothing for the purpose of isolating
parts of the body from direct contact with a potentially hazardous
liquid or gaseous chemicals.
2.3 Gas tight means, for the purpose of this test method, the
limited flow of a gas under pressure from the inside of a TECP suit to
atmosphere at a prescribed pressure and time interval.
2.4 Intrusion Coefficient means a number expressing the level of
protection provided by a gas tight totally-encapsulating chemical
protective suit. The intrusion coefficient is calculated by dividing the
test room challenge agent concentration by the concentration of
challenge agent found inside the suit. The accuracy of the intrusion
coefficient is dependent on the challenge agent monitoring methods. The
larger the intrusion coefficient the greater the protection provided by
the TECP suit.
3.0--Summary of recommended practice
3.1 The volume of concentrated aqueous ammonia solution (ammonia
hydroxide NH4OH) required to generate the test atmosphere is
determined using the directions outlined in 6.1. The suit is donned by a
person wearing the appropriate respiratory equipment (either a positive
pressure self-contained breathing apparatus or a positive pressure
supplied air respirator) and worn inside the enclosed test room. The
concentrated aqueous ammonia solution is taken by the suited individual
into the test room and poured into an open plastic pan. A two-minute
evaporation period is observed before the test room concentration is
measured, using a high range ammonia length of stain detector tube. When
the ammonia vapor reaches a concentration of between 1000 and 1200 ppm,
the suited individual starts a standardized exercise protocol to stress
and flex the suit. After this protocol is completed, the test room
concentration is measured again. The suited individual exits the test
room and his stand-by person measures the ammonia concentration inside
the suit using a low range ammonia length of stain detector tube or
other more sensitive ammonia detector. A stand-by person is required to
observe the test individual during the test procedure; aid the person in
donning and doffing the TECP suit; and monitor the suit interior. The
intrusion coefficient of the suit can be calculated by dividing the
average test area concentration by the interior suit concentration. A
colorimetric ammonia indicator strip of bromophenol blue or equivalent
is placed on the inside of the suit face piece lens so that the suited
individual is able to detect a color change and know if the suit has a
significant leak. If a color change is observed the individual shall
leave the test room immediately.
4.0--Required supplies
4.1 A supply of concentrated aqueous ammonium hydroxide (58% by
weight).
4.2 A supply of bromophenol/blue indicating paper or equivalent,
sensitive to 5-10 ppm ammonia or greater over a two-minute period of
exposure. [pH 3.0 (yellow) to pH 4.6 (blue)]
4.3 A supply of high range (0.5-10 volume percent) and low range (5-
700 ppm) detector tubes for ammonia and the corresponding sampling pump.
More sensitive ammonia detectors can be substituted for the low range
detector tubes to improve the sensitivity of this practice.
4.4 A shallow plastic pan (PVC) at least 12":14":1" and a half pint
plastic container (PVC) with tightly closing lid.
4.5 A graduated cylinder or other volumetric measuring device of at
least 50 milliliters in volume with an accuracy of at least
1 milliliters.
5.0--Safety precautions
5.1 Concentrated aqueous ammonium hydroxide, NH4OH, is a
corrosive volatile liquid requiring eye, skin, and respiratory
protection. The person conducting the test shall review the MSDS for
aqueous ammonia.
5.2 Since the established permissible exposure limit for ammonia is
35 ppm as a 15 minute STEL, only persons wearing a positive pressure
self-contained breathing apparatus or a positive pressure supplied air
respirator shall be in the chamber. Normally
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only the person wearing the totally-encapsulating suit will be inside
the chamber. A stand-by person shall have a positive pressure self-
contained breathing apparatus, or a positive pressure supplied air
respirator available to enter the test area should the suited individual
need assistance.
5.3 A method to monitor the suited individual must be used during
this test. Visual contact is the simplest but other methods using
communication devices are acceptable.
5.4 The test room shall be large enough to allow the exercise
protocol to be carried out and then to be ventilated to allow for easy
exhaust of the ammonia test atmosphere after the test(s) are completed.
5.5 Individuals shall be medically screened for the use of
respiratory protection and checked for allergies to ammonia before
participating in this test procedure.
6.0--Test procedure
6.1.1 Measure the test area to the nearest foot and calculate its
volume in cubic feet. Multiply the test area volume by 0.2 milliliters
of concentrated aqueous ammonia solution per cubic foot of test area
volume to determine the approximate volume of concentrated aqueous
ammonia required to generate 1000 ppm in the test area.
6.1.2 Measure this volume from the supply of concentrated aqueous
ammonia and place it into a closed plastic container.
6.1.3 Place the container, several high range ammonia detector
tubes, and the pump in the clean test pan and locate it near the test
area entry door so that the suited individual has easy access to these
supplies.
6.2.1 In a non-contaminated atmosphere, open a pre-sealed ammonia
indicator strip and fasten one end of the strip to the inside of the
suit face shield lens where it can be seen by the wearer. Moisten the
indicator strip with distilled water. Care shall be taken not to
contaminate the detector part of the indicator paper by touching it. A
small piece of masking tape or equivalent should be used to attach the
indicator strip to the interior of the suit face shield.
6.2.2 If problems are encountered with this method of attachment,
the indicator strip can be attached to the outside of the respirator
face piece lens being used during the test.
6.3 Don the respiratory protective device normally used with the
suit, and then don the TECP suit to be tested. Check to be sure all
openings which are intended to be sealed (zippers, gloves, etc.) are
completely sealed. DO NOT, however, plug off any venting valves.
6.4 Step into the enclosed test room such as a closet, bathroom, or
test booth, equipped with an exhaust fan. No air should be exhausted
from the chamber during the test because this will dilute the ammonia
challenge concentrations.
6.5 Open the container with the pre-measured volume of concentrated
aqueous ammonia within the enclosed test room, and pour the liquid into
the empty plastic test pan. Wait two minutes to allow for adequate
volatilization of the concentrated aqueous ammonia. A small mixing fan
can be used near the evaporation pan to increase the evaporation rate of
the ammonia solution.
6.6 After two minutes a determination of the ammonia concentration
within the chamber should be made using the high range colorimetric
detector tube. A concentration of 1000 ppm ammonia or greater shall be
generated before the exercises are started.
6.7 To test the integrity of the suit the following four minute
exercise protocol should be followed:
6.7.1 Raising the arms above the head with at least 15 raising
motions completed in one minute.
6.7.2 Walking in place for one minute with at least 15 raising
motions of each leg in a one-minute period.
6.7.3 Touching the toes with a least 10 complete motions of the
arms from above the head to touching of the toes in a one-minute period.
6.7.4 Knee bends with at least 10 complete standing and squatting
motions in a one-minute period.
6.8 If at any time during the test the colorimetric indicating
paper should change colors, the test should be stopped and section 6.10
and 6.12 initiated (See para.4.2).
6.9 After completion of the test exercise, the test area
concentration should be measured again using the high range colorimetric
detector tube.
6.10 Exit the test area.
6.11 The opening created by the suit zipper or other appropriate
suit penetration should be used to determine the ammonia concentration
in the suit with the low range length of stain detector tube or other
ammonia monitor. The internal TECP suit air should be sampled far enough
from the enclosed test area to prevent a false ammonia reading.
6.12 After completion of the measurement of the suit interior
ammonia concentration the test is concluded and the suit is doffed and
the respirator removed.
6.13 The ventilating fan for the test room should be turned on and
allowed to run for enough time to remove the ammonia gas. The fan shall
be vented to the outside of the building.
6.14 Any detectable ammonia in the suit interior (five ppm ammonia
(NH3) or more for the length of stain detector tube)
indicates that the suit has failed the test. When other ammonia
detectors are used a lower level of detection is possible, and it should
be specified as the pass/fail criteria.
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6.15 By following this test method, an intrusion coefficient of
approximately 200 or more can be measured with the suit in a completely
operational condition. If the intrusion coefficient is 200 or more, then
the suit is suitable for emergency response and field use.
7.0--Retest procedures
7.1 If the suit fails this test, check for leaks by following the
pressure test in test A above.
7.2 Retest the TECP suit as outlined in the test procedure 6.0.
8.0--Report
8.1 Each gas tight totally-encapsulating chemical protective suit
tested by this practice shall have the following information recorded.
8.1.1 Unique identification number, identifying brand name, date of
purchase, material of construction, and unique suit features; e.g.,
special breathing apparatus.
8.1.2 General description of test room used for test.
8.1.3 Brand name and purchase date of ammonia detector strips and
color change data.
8.1.4 Brand name, sampling range, and expiration date of the length
of stain ammonia detector tubes. The brand name and model of the
sampling pump should also be recorded. If another type of ammonia
detector is used, it should be identified along with its minimum
detection limit for ammonia.
8.1.5 Actual test results shall list the two test area
concentrations, their average, the interior suit concentration, and the
calculated intrusion coefficient. Retest data shall be recorded as an
additional test.
8.2 The evaluation of the data shall be specified as ``suit
passed'' or ``suit failed,'' and the date of the test. Any detectable
ammonia (five ppm or greater for the length of stain detector tube) in
the suit interior indicates the suit has failed this test. When other
ammonia detectors are used, a lower level of detection is possible and
it should be specified as the pass fail criteria.
CAUTION
Visually inspect all parts of the suit to be sure they are
positioned correctly and secured tightly before putting the suit back
into service. Special care should be taken to examine each exhaust valve
to make sure it is not blocked.
Care should also be exercised to assure that the inside and outside
of the suit is completely dry before it is put into storage.
Appendix B to Sec. 1926.65--General Description and Discussion of the
Levels of Protection and Protective Gear
This appendix sets forth information about personal protective
equipment (PPE) protection levels which may be used to assist employers
in complying with the PPE requirements of this section.
As required by the standard, PPE must be selected which will protect
employees from the specific hazards which they are likely to encounter
during their work on-site.
Selection of the appropriate PPE is a complex process which should
take into consideration a variety of factors. Key factors involved in
this process are identification of the hazards, or suspected hazards;
their routes of potential hazard to employees (inhalation, skin
absorption, ingestion, and eye or skin contact); and the performance of
the PPE materials (and seams) in providing a barrier to these hazards.
The amount of protection provided by PPE is material-hazard specific.
That is, protective equipment materials will protect well against some
hazardous substances and poorly, or not at all, against others. In many
instances, protective equipment materials cannot be found which will
provide continuous protection from the particular hazardous substance.
In these cases the breakthrough time of the protective material should
exceed the work durations.
Other factors in this selection process to be considered are
matching the PPE to the employee's work requirements and task-specific
conditions. The durability of PPE materials, such as tear strength and
seam strength, should be considered in relation to the employee's tasks.
The effects of PPE in relation to heat stress and task duration are a
factor in selecting and using PPE. In some cases layers of PPE may be
necessary to provide sufficient protection, or to protect expensive PPE
inner garments, suits or equipment.
The more that is known about the hazards at the site, the easier the
job of PPE selection becomes. As more information about the hazards and
conditions at the site becomes available, the site supervisor can make
decisions to up-grade or down-grade the level of PPE protection to match
the tasks at hand.
The following are guidelines which an employer can use to begin the
selection of the appropriate PPE. As noted above, the site information
may suggest the use of combinations of PPE selected from the different
protection levels (i.e., A, B, C, or D) as being more suitable to the
hazards of the work. It should be cautioned that the listing below does
not fully address the performance of the specific PPE material in
relation to the specific hazards at the job site, and that PPE
selection, evaluation and re-selection is an
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ongoing process until sufficient information about the hazards and PPE
performance is obtained.
Part A. Personal protective equipment is divided into four
categories based on the degree of protection afforded. (See Part B of
this appendix for further explanation of Levels A, B, C, and D hazards.)
I. Level A--To be selected when the greatest level of skin,
respiratory, and eye protection is required.
The following constitute Level A equipment; it may be used as
appropriate;
1. Positive pressure, full face-piece self-contained breathing
apparatus (SCBA), or positive pressure supplied air respirator with
escape SCBA, approved by the National Institute for Occupational Safety
and Health (NIOSH).
2. Totally-encapsulating chemical-protective suit.
3. Coveralls.\1\
4. Long underwear.\1\
5. Gloves, outer, chemical-resistant.
6. Gloves, inner, chemical-resistant.
7. Boots, chemical-resistant, steel toe and shank.
8. Hard hat (under suit).\1\
9. Disposable protective suit, gloves and boots (depending on suit
construction, may be worn over totally-encapsulating suit).
II. Level B--The highest level of respiratory protection is
necessary but a lesser level of skin protection is needed.
The following constitute Level B equipment; it may be used as
appropriate.
1. Positive pressure, full-facepiece self-contained breathing
apparatus (SCBA), or positive pressure supplied air respirator with
escape SCBA (NIOSH approved).
2. Hooded chemical-resistant clothing (overalls and long-sleeved
jacket; coveralls; one or two-piece chemical-splash suit; disposable
chemical-resistant overalls).
3. Coveralls.\1\
4. Gloves, outer, chemical-resistant.
5. Gloves, inner, chemical-resistant.
6. Boots, outer, chemical-resistant steel toe and shank.
7. Boot-covers, outer, chemical-resistant (disposable).\1\
8. Hard hat.\1\
9. [Reserved]
10. Face shield.\1\
III. Level C--The concentration(s) and type(s) of airborne
substance(s) is known and the criteria for using air purifying
respirators are met.
The following constitute Level C equipment; it may be used as
appropriate.
1. Full-face or half-mask, air purifying respirators (NIOSH
approved).
2. Hooded chemical-resistant clothing (overalls; two-piece chemical-
splash suit; disposable chemical-resistant overalls).
3. Coveralls.\1\
---------------------------------------------------------------------------
\1\Optional, as applicable.
---------------------------------------------------------------------------
4. Gloves, outer, chemical-resistant.
5. Gloves, inner, chemical-resistant.
6. Boots (outer), chemical-resistant steel toe and shank.\1\
7. Boot-covers, outer, chemical-resistant (disposable)\1\.
8. Hard hat.\1\
9. Escape mask.\1\
10. Face shield.\1\
IV. Level D--A work uniform affording minimal protection, used for
nuisance contamination only.
The following constitute Level D equipment; it may be used as
appropriate:
1. Coveralls.
2. Gloves.\1\
3. Boots/shoes, chemical-resistant steel toe and shank.
4. Boots, outer, chemical-resistant (disposable).\1\
5. Safety glasses or chemical splash goggles*.
6. Hard hat.\1\
7. Escape mask.\1\
8. Face shield.\1\
Part B. The types of hazards for which levels A, B, C, and D
protection are appropriate are described below:
I. Level A--Level A protection should be used when:
1. The hazardous substance has been identified and requires the
highest level of protection for skin, eyes, and the respiratory system
based on either the measured (or potential for) high concentration of
atmospheric vapors, gases, or particulates; or the site operations and
work functions involve a high potential for splash, immersion, or
exposure to unexpected vapors, gases, or particulates of materials that
are harmful to skin or capable of being absorbed through the skin;
2. Substances with a high degree of hazard to the skin are known or
suspected to be present, and skin contact is possible; or
3. Operations are being conducted in confined, poorly ventilated
areas, and the absence of conditions requiring Level A have not yet been
determined.
II. Level B--Level B protection should be used when:
1. The type and atmospheric concentration of substances have been
identified and require a high level of respiratory protection, but less
skin protection;
2. The atmosphere contains less than 19.5 percent oxygen; or
3. The presence of incompletely identified vapors or gases is
indicated by a direct-reading organic vapor detection instrument, but
vapors and gases are not suspected of containing high levels of
chemicals harmful to skin or capable of being absorbed through the skin.
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Note: This involves atmospheres with IDLH concentrations of specific
substances that present severe inhalation hazards and that do not
represent a severe skin hazard; or that do not meet the criteria for use
of air-purifying respirators.
III. Level C--Level C protection should be used when:
1. The atmospheric contaminants, liquid splashes, or other direct
contact will not adversely affect or be absorbed through any exposed
skin;
2. The types of air contaminants have been identified,
concentrations measured, and an air-purifying respirator is available
that can remove the contaminants; and
3. All criteria for the use of air-purifying respirators are met.
IV. Level D--Level D protection should be used when:
1. The atmosphere contains no known hazard; and
2. Work functions preclude splashes, immersion, or the potential for
unexpected inhalation of or contact with hazardous levels of any
chemicals.
Note: As stated before, combinations of personal protective
equipment other than those described for Levels A, B, C, and D
protection may be more appropriate and may be used to provide the proper
level of protection.
As an aid in selecting suitable chemical protective clothing, it
should be noted that the National Fire Protection Association (NFPA) has
developed standards on chemical protective clothing. The standards that
have been adopted by include:
NFPA 1991--Standard on Vapor-Protective Suits for Hazardous Chemical
Emergencies (EPA Level A Protective Clothing).
NFPA 1992--Standard on Liquid Splash-Protective Suits for Hazardous
Chemical Emergencies (EPA Level B Protective Clothing).
NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-
emergency, Non-flammable Hazardous Chemical Situations (EPA Level B
Protective Clothing).
These standards apply documentation and performance requirements to
the manufacture of chemical protective suits. Chemical protective suits
meeting these requirements are labelled as compliant with the
appropriate standard. It is recommended that chemical protective suits
that meet these standards be used.
Appendix C to Sec. 1926.65--Compliance Guidelines
1. Occupational Safety and Health Program. Each hazardous waste site
clean-up effort will require an occupational safety and health program
headed by the site coordinator or the employer's representative. The
purpose of the program will be the protection of employees at the site
and will be an extension of the employer's overall safety and health
program. The program will need to be developed before work begins on the
site and implemented as work proceeds as stated in paragraph (b). The
program is to facilitate coordination and communication of safety and
health issues among personnel responsible for the various activities
which will take place at the site. It will provide the overall means for
planning and implementing the needed safety and health training and job
orientation of employees who will be working at the site. The program
will provide the means for identifying and controlling worksite hazards
and the means for monitoring program effectiveness. The program will
need to cover the responsibilities and authority of the site coordinator
or the employer's manager on the site for the safety and health of
employees at the site, and the relationships with contractors or support
services as to what each employer's safety and health responsibilities
are for their employees on the site. Each contractor on the site needs
to have its own safety and health program so structured that it will
smoothly interface with the program of the site coordinator or principal
contractor.
Also those employers involved with treating, storing or disposal of
hazardous waste as covered in paragraph (p) must have implemented a
safety and health program for their employees. This program is to
include the hazard communication program required in paragraph (p)(1)
and the training required in paragraphs (p)(7) and (p)(8) as parts of
the employers comprehensive overall safety and health program. This
program is to be in writing.
Each site or workplace safety and health program will need to
include the following: (1) Policy statements of the line of authority
and accountability for implementing the program, the objectives of the
program and the role of the site safety and health supervisor or manager
and staff; (2) means or methods for the development of procedures for
identifying and controlling workplace hazards at the site; (3) means or
methods for the development and communication to employees of the
various plans, work rules, standard operating procedures and practices
that pertain to individual employees and supervisors; (4) means for the
training of supervisors and employees to develop the needed skills and
knowledge to perform their work in a safe and healthful manner; (5)
means to anticipate and prepare for emergency situations; and (6) means
for obtaining information feedback to aid in evaluating the program and
for improving the effectiveness of the program. The management and
employees should be trying continually to improve the effectiveness of
the program thereby enhancing the protection being afforded those
working on the site.
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Accidents on the site or workplace should be investigated to provide
information on how such occurrences can be avoided in the future. When
injuries or illnesses occur on the site or workplace, they will need to
be investigated to determine what needs to be done to prevent this
incident from occurring again. Such information will need to be used as
feedback on the effectiveness of the program and the information turned
into positive steps to prevent any reoccurrence. Receipt of employee
suggestions or complaints relating to safety and health issues involved
with site or workplace activities is also a feedback mechanism that can
be used effectively to improve the program and may serve in part as an
evaluative tool(s).
For the development and implementation of the program to be the most
effective, professional safety and health personnel should be used.
Certified Safety Professionals, Board Certified Industrial Hygienists or
Registered Professional Safety Engineers are good examples of
professional stature for safety and health managers who will administer
the employer's program.
2. Training. The training programs for employees subject to the
requirements of paragraph (e) of this standard should address: the
safety and health hazards employees should expect to find on hazardous
waste clean-up sites; what control measures or techniques are effective
for those hazards; what monitoring procedures are effective in
characterizing exposure levels; what makes an effective employer's
safety and health program; what a site safety and health plan should
include; hands on training with personal protective equipment and
clothing they may be expected to use; the contents of the OSHA standard
relevant to the employee's duties and function; and, employee's
responsibilities under OSHA and other regulations. Supervisors will need
training in their responsibilities under the safety and health program
and its subject areas such as the spill containment program, the
personal protective equipment program, the medical surveillance program,
the emergency response plan and other areas.
The training programs for employees subject to the requirements of
paragraph (p) of this standard should address: the employers safety and
health program elements impacting employees; the hazard communication
program; the medical surveillance program; the hazards and the controls
for such hazards that employees need to know for their job duties and
functions. All require annual refresher training.
The training programs for employees covered by the requirements of
paragraph (q) of this standard should address those competencies
required for the various levels of response such as: the hazards
associated with hazardous substances; hazard identification and
awareness; notification of appropriate persons; the need for and use of
personal protective equipment including respirators; the decontamination
procedures to be used; preplanning activities for hazardous substance
incidents including the emergency reponse plan; company standard
operating procedures for hazardous substance emergency responses; the
use of the incident command system and other subjects. Hands-on training
should be stressed whenever possible. Critiques done after an incident
which include an evaluation of what worked and what did not and how
could the incident be better handled the next time may be counted as
training time.
For hazardous materials specialists (usually members of hazardous
materials teams), the training should address the care, use and/or
testing of chemical protective clothing including totally encapsulating
suits, the medical surveillance program, the standard operating
procedures for the hazardous materials team including the use of
plugging and patching equipment and other subject areas.
Officers and leaders who may be expected to be in charge at an
incident should be fully knowledgeable of their company's incident
command system. They should know where and how to obtain additional
assistance and be familiar with the local district's emergency response
plan and the state emergency response plan.
Specialist employees such as technical experts, medical experts or
environmental experts that work with hazardous materials in their
regular jobs, who may be sent to the incident scene by the shipper,
manufacturer or governmental agency to advise and assist the person in
charge of the incident should have training on an annual basis. Their
training should include the care and use of personal protective
equipment including respirators; knowledge of the incident command
system and how they are to relate to it; and those areas needed to keep
them current in their respective field as it relates to safety and
health involving specific hazardous substances.
Those skilled support personnel, such as employees who work for
public works departments or equipment operators who operate bulldozers,
sand trucks, backhoes, etc., who may be called to the incident scene to
provide emergency support assistance, should have at least a safety and
health briefing before entering the area of potential or actual
exposure. These skilled support personnel, who have not been a part of
the emergency response plan and do not meet the training requirements,
should be made aware of the hazards they face and should be provided all
necessary protective clothing and equipment required for their tasks.
There are two National Fire Protection Association standards, NFPA
472--``Standard for Professional Competence of Responders to Hazardous
Material Incidents'' and NFPA
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471--``Recommended Practice for Responding to Hazardous Material
Incidents'', which are excellent resource documents to aid fire
departments and other emergency response organizations in developing
their training program materials. NFPA 472 provides guidance on the
skills and knowledge needed for first responder awareness level, first
responder operations level, hazmat technicians, and hazmat specialist.
It also offers guidance for the officer corp who will be in charge of
hazardous substance incidents.
3. Decontamination. Decontamination procedures should be tailored to
the specific hazards of the site, and may vary in complexity and number
of steps, depending on the level of hazard and the employee's exposure
to the hazard. Decontamination procedures and PPE decontamination
methods will vary depending upon the specific substance, since one
procedure or method may not work for all substances. Evaluation of
decontamination methods and procedures should be performed, as
necessary, to assure that employees are not exposed to hazards by re-
using PPE. References in appendix D may be used for guidance in
establishing an effective decontamination program. In addition, the U.S.
Coast Guard's Manual, ``Policy Guidance for Response to Hazardous
Chemical Releases,'' U.S. Department of Transportation, Washington, DC
(COMDTINST M16465.30) is a good reference for establishing an effective
decontamination program.
4. Emergency response plans. States, along with designated districts
within the states, will be developing or have developed local emergency
response plans. These state and district plans should be utilized in the
emergency response plans called for in the standard. Each employer
should assure that its emergency response plan is compatible with the
local plan. The major reference being used to aid in developing the
state and local district plans is the Hazardous Materials Emergency
Planning Guide, NRT-1. The current Emergency Response Guidebook from the
U.S. Department of Transportation, CMA's CHEMTREC and the Fire Service
Emergency Management Handbook may also be used as resources.
Employers involved with treatment, storage, and disposal facilities
for hazardous waste, which have the required contingency plan called for
by their permit, would not need to duplicate the same planning elements.
Those items of the emergency response plan that are properly addressed
in the contingency plan may be substituted into the emergency response
plan required in 1926.65 or otherwise kept together for employer and
employee use.
5. Personal protective equipment programs. The purpose of personal
protective clothing and equipment (PPE) is to shield or isolate
individuals from the chemical, physical, and biologic hazards that may
be encountered at a hazardous substance site.
As discussed in appendix B, no single combination of protective
equipment and clothing is capable of protecting against all hazards.
Thus PPE should be used in conjunction with other protective methods and
its effectiveness evaluated periodically.
The use of PPE can itself create significant worker hazards, such as
heat stress, physical and psychological stress, and impaired vision,
mobility, and communication. For any given situation, equipment and
clothing should be selected that provide an adequate level of
protection. However, over-protection, as well as under-protection, can
be hazardous and should be avoided where possible.
Two basic objectives of any PPE program should be to protect the
wearer from safety and health hazards, and to prevent injury to the
wearer from incorrect use and/or malfunction of the PPE. To accomplish
these goals, a comprehensive PPE program should include hazard
identification, medical monitoring, environmental surveillance,
selection, use, maintenance, and decontamination of PPE and its
associated training.
The written PPE program should include policy statements,
procedures, and guidelines. Copies should be made available to all
employees, and a reference copy should be made available at the
worksite. Technical data on equipment, maintenance manuals, relevant
regulations, and other essential information should also be collected
and maintained.
6. Incident command system (ICS). Paragraph 1926.65(q)(3)(ii)
requires the implementation of an ICS. The ICS is an organized approach
to effectively control and manage operations at an emergency incident.
The individual in charge of the ICS is the senior official responding to
the incident. The ICS is not much different than the ``command post''
approach used for many years by the fire service. During large complex
fires involving several companies and many pieces of apparatus, a
command post would be established. This enabled one individual to be in
charge of managing the incident, rather than having several officers
from different companies making separate, and sometimes conflicting,
decisions. The individual in charge of the command post would delegate
responsibility for performing various tasks to subordinate officers.
Additionally, all communications were routed through the command post to
reduce the number of radio transmissions and eliminate confusion.
However, strategy, tactics, and all decisions were made by one
individual.
The ICS is a very similar system, except it is implemented for
emergency response to all incidents, both large and small, that involve
hazardous substances.
For a small incident, the individual in charge of the ICS may
perform many tasks
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of the ICS. There may not be any, or little, delegation of tasks to
subordinates. For example, in response to a small incident, the
individual in charge of the ICS, in addition to normal command
activities, may become the safety officer and may designate only one
employee (with proper equipment) as a back-up to provide assistance if
needed. OSHA does recommend, however, that at least two employees be
designated as back-up personnel since the assistance needed may include
rescue.
To illustrate the operation of the ICS, the following scenario might
develop during a small incident, such as an overturned tank truck with a
small leak of flammable liquid.
The first responding senior officer would implement and take command
of the ICS. That person would size-up the incident and determine if
additional personnel and apparatus were necessary; would determine what
actions to take to control the leak; and, determine the proper level of
personal protective equipment. If additional assistance is not needed,
the individual in charge of the ICS would implement actions to stop and
control the leak using the fewest number of personnel that can
effectively accomplish the tasks. The individual in charge of the ICS
then would designate himself as the safety officer and two other
employees as a back-up in case rescue may become necessary. In this
scenario, decontamination procedures would not be necessary.
A large complex incident may require many employees and difficult,
time-consuming efforts to control. In these situations, the individual
in charge of the ICS will want to delegate different tasks to
subordinates in order to maintain a span of control that will keep the
number of subordinates, that are reporting, to a manageable level.
Delegation of task at large incidents may be by location, where the
incident scene is divided into sectors, and subordinate officers
coordinate activities within the sector that they have been assigned.
Delegation of tasks can also be by function. Some of the functions
that the individual in charge of the ICS may want to delegate at a large
incident are: medical services; evacuation; water supply; resources
(equipment, apparatus); media relations; safety; and, site control
(integrate activities with police for crowd and traffic control). Also
for a large incident, the individual in charge of the ICS will designate
several employees as back-up personnel; and a number of safety officers
to monitor conditions and recommend safety precautions.
Therefore, no matter what size or complexity an incident may be, by
implementing an ICS there will be one individual in charge who makes the
decisions and gives directions; and, all actions, and communications are
coordinated through one central point of command. Such a system should
reduce confusion, improve safety, organize and coordinate actions, and
should facilitate effective management of the incident.
7. Site Safety and Control Plans. The safety and security of
response personnel and others in the area of an emergeny response
incident site should be of primary concern to the incident commander.
The use of a site safety and control plan could greatly assist those in
charge of assuring the safety and health of employees on the site.
A comprehensive site safety and control plan should include the
following: summary analysis of hazards on the site and a risk analysis
of those hazards; site map or sketch; site work zones (clean zone,
transition or decontamination zone, work or hot zone); use of the buddy
system; site communications; command post or command center; standard
operating procedures and safe work practices; medical assistance and
triage area; hazard monitoring plan (air contaminate monitoring, etc.);
decontamination procedures and area; and other relevant areas. This plan
should be a part of the employer's emergency response plan or an
extension of it to the specific site.
8. Medical surveillance programs. Workers handling hazardous
substances may be exposed to toxic chemicals, safety hazards, biologic
hazards, and radiation. Therefore, a medical surveillance program is
essential to assess and monitor workers' health and fitness for
employment in hazardous waste operations and during the course of work;
to provide emergency and other treatment as needed; and to keep accurate
records for future reference.
The Occupational Safety and Health Guidance Manual for Hazardous
Waste Site Activities developed by the National Institute for
Occupational Safety and Health (NIOSH), the Occupational Safety and
Health Administration (OSHA), the U.S. Coast Guard (USCG), and the
Environmental Protection Agency (EPA); October 1985 provides an
excellent example of the types of medical testing that should be done as
part of a medical surveillance program.
9. New Technology and Spill Containment Programs. Where hazardous
substances may be released by spilling from a container that will expose
employees to the hazards of the materials, the employer will need to
implement a program to contain and control the spilled material. Diking
and ditching, as well as use of absorbents like diatomaceous earth, are
traditional techniques which have proven to be effective over the years.
However, in recent years new products have come into the marketplace,
the use of which complement and increase the effectiveness of these
traditional methods. These new products also provide emergency
responders and others with additional tools or agents to use to reduce
the hazards of spilled materials.
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These agents can be rapidly applied over a large area and can be
uniformly applied or otherwise can be used to build a small dam, thus
improving the workers' ability to control spilled material. These
application techniques enhance the intimate contact between the agent
and the spilled material allowing for the quickest effect by the agent
or quickest control of the spilled material. Agents are available to
solidify liquid spilled materials, to suppress vapor generation from
spilled materials, and to do both. Some special agents, which when
applied as recommended by the manufacturer, will react in a controlled
manner with the spilled material to neutralize acids or caustics, or
greatly reduce the level of hazard of the spilled material.
There are several modern methods and devices for use by emergency
response personnel or others involved with spill control efforts to
safely apply spill control agents to control spilled material hazards.
These include portable pressurized applicators similar to hand-held
portable fire extinguishing devices, and nozzle and hose systems similar
to portable fire fighting foam systems which allow the operator to apply
the agent without having to come into contact with the spilled material.
The operator is able to apply the agent to the spilled material from a
remote position.
The solidification of liquids provides for rapid containment and
isolation of hazardous substance spills. By directing the agent at run-
off points or at the edges of the spill, the reactant solid will
automatically create a barrier to slow or stop the spread of the
material. Clean-up of hazardous substances is greatly improved when
solidifying agents, acid or caustic neutralizers, or activated carbon
adsorbents are used. Properly applied, these agents can totally solidify
liquid hazardous substances or neutralize or absorb them, which results
in materials which are less hazardous and easier to handle, transport,
and dispose of. The concept of spill treatment, to create less hazardous
substances, will improve the safety and level of protection of employees
working at spill clean-up operations or emergency response operations to
spills of hazardous substances.
The use of vapor suppression agents for volatile hazardous
substances, such as flammable liquids and those substances which present
an inhalation hazard, is important for protecting workers. The rapid and
uniform distribution of the agent over the surface of the spilled
material can provide quick vapor knockdown. There are temporary and
long-term foam-type agents which are effective on vapors and dusts, and
activated carbon adsorption agents which are effective for vapor control
and soaking-up of the liquid. The proper use of hose lines or hand-held
portable pressurized applicators provides good mobility and permits the
worker to deliver the agent from a safe distance without having to step
into the untreated spilled material. Some of these systems can be
recharged in the field to provide coverage of larger spill areas than
the design limits of a single charged applicator unit. Some of the more
effective agents can solidify the liquid flammable hazardous substances
and at the same time elevate the flashpoint above 140 deg. F so the
resulting substance may be handled as a nonhazardous waste material if
it meets the U.S. Environmental Protection Agency's 40 CFR part 261
requirements (See particularly Sec. 261.21).
All workers performing hazardous substance spill control work are
expected to wear the proper protective clothing and equipment for the
materials present and to follow the employer's established standard
operating procedures for spill control. All involved workers need to be
trained in the established operating procedures; in the use and care of
spill control equipment; and in the associated hazards and control of
such hazards of spill containment work.
These new tools and agents are the things that employers will want
to evaluate as part of their new technology program. The treatment of
spills of hazardous substances or wastes at an emergency incident as
part of the immediate spill containment and control efforts is sometimes
acceptable to EPA and a permit exception is described in 40 CFR
264.1(g)(8) and 265.1(c)(11).
Appendix D to Sec. 1926.65--References
The following references may be consulted for further information on
the subject of this standard:
1. OSHA Instruction DFO CPL 2.70--January 29, 1986, Special Emphasis
Program: Hazardous Waste Sites.
2. OSHA Instruction DFO CPL 2-2.37A--January 29, 1986, Technical
Assistance and Guidelines for Superfund and Other Hazardous Waste Site
Activities.
3. OSHA Instruction DTS CPL 2.74--January 29, 1986, Hazardous Waste
Activity Form, OSHA 175.
4. Hazardous Waste Inspections Reference Manual, U.S. Department of
Labor, Occupational Safety and Health Administration, 1986.
5. Memorandum of Understanding Among the National Institute for
Occupational Safety and Health, the Occupational Safety and Health
Administration, the United States Coast Guard, and the United States
Environmental Protection Agency, Guidance for Worker Protection During
Hazardous Waste Site Investigations and Clean-up and Hazardous Substance
Emergencies. December 18, 1980.
6. National Priorities List, 1st Edition, October 1984; U.S.
Environmental Protection Agency, Revised periodically.
7. The Decontamination of Response Personnel, Field Standard
Operating Procedures
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(F.S.O.P.) 7; U.S. Environmental Protection Agency, Office of Emergency
and Remedial Response, Hazardous Response Support Division, December
1984.
8. Preparation of a Site Safety Plan, Field Standard Operating
Procedures (F.S.O.P.) 9; U.S. Environmental Protection Agency, Office of
Emergency and Remedial Response, Hazardous Response Support Division,
April 1985.
9. Standard Operating Safety Guidelines; U.S. Environmental
Protection Agency, Office of Emergency and Remedial Response, Hazardous
Response Support Division, Environmental Response Team; November 1984.
10. Occupational Safety and Health Guidance Manual for Hazardous
Waste Site Activities, National Institute for Occupational Safety and
Health (NIOSH), Occupational Safety and Health Administration (OSHA),
U.S. Coast Guard (USCG), and Environmental Protection Agency (EPA);
October 1985.
11. Protecting Health and Safety at Hazardous Waste Sites: An
Overview, U.S. Environmental Protection Agency, EPA/625/9-85/006;
September 1985.
12. Hazardous Waste Sites and Hazardous Substance Emergencies, NIOSH
Worker Bulletin, U.S. Department of Health and Human Services, Public
Health Service, Centers for Disease Control, National Institute for
Occupational Safety and Health; December 1982.
13. Personal Protective Equipment for Hazardous Materials Incidents:
A Selection Guide; U.S. Department of Health and Human Services, Public
Health Service, Centers for Disease Control, National Institute for
Occupational Safety and Health; October 1984.
14. Fire Service Emergency Management Handbook, International
Association of Fire Chiefs Foundation, 101 East Holly Avenue, Unit 10B,
Sterling, VA 22170, January 1985.
15. Emergency Response Guidebook, U.S Department of Transportation,
Washington, DC, 1987.
16. Report to the Congress on Hazardous Materials Training, Planning
and Preparedness, Federal Emergency Management Agency, Washington, DC,
July 1986.
17. Workbook for Fire Command, Alan V. Brunacini and J. David
Beageron, National Fire Protection Association, Batterymarch Park,
Quincy, MA 02269, 1985.
18. Fire Command, Alan V. Brunacini, National Fire Protection
Association, Batterymarch Park,, Quincy, MA 02269, 1985.
19. Incident Command System, Fire Protection Publications, Oklahoma
State University, Stillwater, OK 74078, 1983.
20. Site Emergency Response Planning, Chemical Manufacturers
Association, Washington, DC 20037, 1986.
21. Hazardous Materials Emergency Planning Guide, NRT-1,
Environmental Protection Agency, Washington, DC, March 1987.
22. Community Teamwork: Working Together to Promote Hazardous
Materials Transportation Safety. U.S. Department of Transportation,
Washington, DC, May 1983.
23. Disaster Planning Guide for Business and Industry, Federal
Emergency Management Agency, Publication No. FEMA 141, August 1987.
Appendix to Sec. 1926.65--Training Curriculum Guidelines
The following non-mandatory general criteria may be used for
assistance in developing site-specific training curriculum used to meet
the training requirements of 29 CFR 1926.65(e); 29 CFR 1926.65(p)(7),
(p)(8)(iii); and 29 CFR 1926.65(q)(6), (q)(7), and (q)(8). These are
generic guidelines and they are not presented as a complete training
curriculum for any specific employer. Site-specific training programs
must be developed on the basis of a needs assessment of the hazardous
waste site, RCRA/TSDF, or emergency response operation in accordance
with 29 CFR 1926.65.
It is noted that the legal requirements are set forth in the
regulatory text of Sec. 1926.65. The guidance set forth here presents a
highly effective program that in the areas covered would meet or exceed
the regulatory requirements. In addition, other approaches could meet
the regulatory requirements.
Suggested General Criteria
Definitions:
Competent means possessing the skills, knowledge, experience, and
judgment to perform assigned tasks or activities satisfactorily as
determined by the employer.
Demonstration means the showing by actual use of equipment or
procedures.
Hands-on training means training in a simulated work environment
that permits each student to have experience performing tasks, making
decisions, or using equipment appropriate to the job assignment for
which the training is being conducted.
Initial training means training required prior to beginning work.
Lecture means an interactive discourse with a class lead by an
instructor.
Proficient means meeting a stated level of achievement.
Site-specific means individual training directed to the operations
of a specific job site.
Training hours means the number of hours devoted to lecture,
learning activities, small group work sessions, demonstration,
evaluations, or hands-on experience.
Suggested Core Criteria:
1. Training facility. The training facility should have available
sufficient resources, equipment, and site locations to perform didactic
and hands-on training when appropriate. Training facilities should have
sufficient organization, support staff, and services to conduct training
in each of the courses offered.
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2. Training Director. Each training program should be under the
direction of a training director who is responsible for the program. The
Training Director should have a minimum of two years of employee
education experience.
3. Instructors. Instructors should be deem competent on the basis of
previous documented experience in their area of instruction, successful
completion of a ``train-the-trainer'' program specific to the topics
they will teach, and an evaluation of instructional competence by the
Training Director.
Instructors should be required to maintain professional competency
by participating in continuing education or professional development
programs or by completing successfully an annual refresher course and
having an annual review by the Training Director.
The annual review by the Training Director should include
observation of an instructor's delivery, a review of those observations
with the trainer, and an analysis of any instructor or class evaluations
completed by the students during the previous year.
4. Course materials. The Training Director should approve all course
materials to be used by the training provider. Course materials should
be reviewed and updated at least annually. Materials and equipment
should be in good working order and maintained properly.
All written and audio-visual materials in training curricula should
be peer reviewed by technically competent outside reviewers or by a
standing advisory committee.
Reviews should possess expertise in the following disciplines were
applicable: occupational health, industrial hygiene and safety,
chemical/environmental engineering, employee education, or emergency
response. One or more of the peer reviewers should be a employee
experienced in the work activities to which the training is directed.
5. Students. The program for accepting students should include:
a. Assurance that the student is or will be involved in work where
chemical exposures are likely and that the student possesses the skills
necessary to perform the work.
b. A policy on the necessary medical clearance.
6. Ratios. Student-instructor ratios should not exceed 30 students
per instructor. Hands-on activity requiring the use of personal
protective equipment should have the following student-instructor
ratios. For Level C or Level D personal protective equipment the ratio
should be 10 students per instructor. For Level A or Level B personal
protective equipment the ratio should be 5 students per instructor.
7. Proficiency assessment. Proficiency should be evaluated and
documented by the use of a written assessment and a skill demonstration
selected and developed by the Training Director and training staff. The
assessment and demonstration should evaluate the knowledge and
individual skills developed in the course of training. The level of
minimum achievement necessary for proficiency shall be specified in
writing by the Training Director.
If a written test is used, there should be a minimum of 50
questions. If a written test is used in combination with a skills
demonstration, a minimum of 25 questions should be used. If a skills
demonstration is used, the tasks chosen and the means to rate successful
completion should be fully documented by the Training Director.
The content of the written test or of the skill demonstration shall
be relevant to the objectives of the course. The written test and skill
demonstration should be updated as necessary to reflect changes in the
curriculum and any update should be approved by the Training Director.
The proficiency assessment methods, regardless of the approach or
combination of approaches used, should be justified, document and
approved by the Training Director.
The proficiency of those taking the additional courses for
supervisors should be evaluated and document by using proficiency
assessment methods acceptable to the Training Director. These
proficiency assessment methods must reflect the additional
responsibilities borne by supervisory personnel in hazardous waste
operations or emergency response.
8. Course certificate. Written documentation should be provided to
each student who satisfactorily completes the training course. The
documentation should include:
a. Student's name.
b. Course title.
c. Course date.
d. Statement that the student has successfully completed the course.
e. Name and address of the training provider.
f. An individual identification number for the certificate.
g. List of the levels of personal protective equipment used by the
student to complete the course.
This documentation may include a certificate and an appropriate
wallet-sized laminated card with a photograph of the student and the
above information. When such course certificate cards are used, the
individual identification number for the training certificate should be
shown on the card.
9. Recordkeeping. Training providers should maintain records listing
the dates courses were presented, the names of the individual course
attenders, the names of those students successfully completing each
course, and the number of training certificates issued to each
successful student. These records should be maintained for a minimum of
five years after the date an individual participated in a training
program offered by
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the training provider. These records should be available and provided
upon the student's request or as mandated by law.
10. Program quality control. The Training Director should conduct or
direct an annual written audit of the training program. Program
modifications to address deficiencies, if any, should be documented,
approved, and implemented by the training provider. The audit and the
program modification documents should be maintained at the training
facility.
Suggested Program Quality Control Criteria
Factors listed here are suggested criteria for determining the
quality and appropriateness of employee health and safety training for
hazardous waste operations and emergency response.
A. Training Plan.
Adequacy and appropriateness of the training program's curriculum
development, instructor training, distribution of course materials, and
direct student training should be considered, including
1. The duration of training, course content, and course schedules/
agendas;
2. The different training requirements of the various target
populations, as specified in the appropriate generic training
curriculum;
3. The process for the development of curriculum, which includes
appropriate technical input, outside review, evaluation, program
pretesting.
4. The adequate and appropriate inclusion of hands-on,
demonstration, and instruction methods;
5. Adequate monitoring of student safety, progress, and performance
during the training.
B. Program management, Training Director, staff, and consultants.
Adequacy and appropriateness of staff performance and delivering an
effective training program should be considered, including
1. Demonstration of the training director's leadership in assuring
quality of health and safety training.
2. Demonstration of the competency of the staff to meet the demands
of delivering high quality hazardous waste employee health and safety
training.
3. Organization charts establishing clear lines of authority.
4. Clearly defined staff duties including the relationship of the
training staff to the overall program.
5. Evidence that the training organizational structure suits the
needs of the training program.
6. Appropriateness and adequacy of the training methods used by the
instructors.
7. Sufficiency of the time committed by the training director and
staff to the training program.
8. Adequacy of the ratio of training staff to students.
9. Availability and commitment of the training program of adequate
human and equipment resources in the areas of
a. Health effects,
b. Safety,
c. Personal protective equipment (PPE),
d. Operational procedures,
e. Employee protection practices/procedures.
10. Appropriateness of management controls.
11. Adequacy of the organization and appropriate resources assigned
to assure appropriate training.
12. In the case of multiple-site training programs, adequacy of
satellite centers management.
C. Training facilities and resources.
Adequacy and appropriateness of the facilities and resources for
supporting the training program should be considered, including,
1. Space and equipment to conduct the training.
2. Facilities for representative hands-on training.
3. In the case of multiple-site programs, equipment and facilities
at the satellite centers.
4. Adequacy and appropriateness of the quality control and
evaluations program to account for instructor performance.
5. Adequacy and appropriateness of the quality control and
evaluation program to ensure appropriate course evaluation, feedback,
updating, and corrective action.
6. Adequacy and appropriateness of disciplines and expertise being
used within the quality control and evaluation program.
7. Adequacy and appropriateness of the role of student evaluations
to provide feedback for training program improvement.
D. Quality control and evaluation.
Adequacy and appropriateness of quality control and evaluation plans
for training programs should be considered, including:
1. A balanced advisory committee and/or competent outside reviewers
to give overall policy guidance;
2. Clear and adequate definition of the composition and active
programmatic role of the advisory committee or outside reviewers.
3. Adequacy of the minutes or reports of the advisory committee or
outside reviewers' meetings or written communication.
4. Adequacy and appropriateness of the quality control and
evaluations program to account for instructor performance.
5. Adequacy and appropriateness of the quality control and
evaluation program to ensure appropriate course evaluation, feedback,
updating, and corrective action.
6. Adequacy and appropriateness of disciplines and expertise being
used within the quality control and evaluation program.
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7. Adequacy and appropriateness of the role of student evaluations
to provide feedback for training program improvement.
E. Students
Adequacy and appropriateness of the program for accepting students
should be considered, including
1. Assurance that the student already possess the necessary skills
for their job, including necessary documentation.
2. Appropriateness of methods the program uses to ensure that
recruits are capable of satisfactorily completing training.
3. Review and compliance with any medical clearance policy.
F. Institutional Environment and Administrative Support
The adequacy and appropriateness of the institutional environment
and administrative support system for the training program should be
considered, including
1. Adequacy of the institutional commitment to the employee training
program.
2. Adequacy and appropriateness of the administrative structure and
administrative support.
G. Summary of Evaluation Questions
Key questions for evaluating the quality and appropriateness of an
overall training program should include the following:
1. Are the program objectives clearly stated?
2. Is the program accomplishing its objectives?
3. Are appropriate facilities and staff available?
4. Is there an appropriate mix of classroom, demonstration, and
hands-on training?
5. Is the program providing quality employee health and safety
training that fully meets the intent of regulatory requirements?
6. What are the program's main strengths?
7. What are the program's main weaknesses?
8. What is recommended to improve the program?
9. Are instructors instructing according to their training outlines?
10. Is the evaluation tool current and appropriate for the program
content?
11. Is the course material current and relevant to the target group?
Suggested Training Curriculum Guidelines
The following training curriculum guidelines are for those
operations specifically identified in 29 CFR 1926.65 as requiring
training. Issues such as qualifications of instructors, training
certification, and similar criteria appropriate to all categories of
operations addressed in 1926.65 have been covered in the preceding
section and are not re-addressed in each of the generic guidelines.
Basic core requirements for training programs that are addressed include
1. General Hazardous Waste Operations
2. RCRA operations--Treatment, storage, and disposal facilities.
3. Emergency Response.
A. General Hazardous Waste Operations and Site-specific Training
1. Off-site training.
Minimum training course content for hazardous waste operations,
required by 29 CFR 1926.65(e), should include the following topics or
procedures:
a. Regulatory knowledge.
(1) A review of 29 CFR 1926.65 and the core elements of an
occupational safety and health program.
(2) The content of a medical surveillance program as outlined in 29
CFR 1926.65(f).
(3) The content of an effective site safety and health plan
consistent with the requirements of 29 CFR 1926.65(b)(4)(ii).
(4) Emergency response plan and procedures as outlined in 29 CFR
1910.38 and 29 CFR 1926.65(l).
(5) Adequate illumination.
(6) Sanitation recommendation and equipment.
(7) Review and explanation of OSHA's hazard-communication standard
(29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR 1910.147).
(8) Review of other applicable standards including but not limited
to those in the construction standards (29 CFR Part 1926).
(9) Rights and responsibilities of employers and employees under
applicable OSHA and EPA laws.
b. Technical knowledge.
(1) Type of potential exposures to chemical, biological, and
radiological hazards; types of human responses to these hazards and
recognition of those responses; principles of toxicology and information
about acute and chronic hazards; health and safety considerations of new
technology.
(2) Fundamentals of chemical hazards including but not limited to
vapor pressure, boiling points, flash points, ph, other physical and
chemical properties.
(3) Fire and explosion hazards of chemicals.
(4) General safety hazards such as but not limited to electrical
hazards, powered equipment hazards, motor vehicle hazards, walking-
working surface hazards, excavation hazards, and hazards associated with
working in hot and cold temperature extremes.
(5) Review and knowledge of confined space entry procedures in 29
CFR 1910.146.
(6) Work practices to minimize employee risk from site hazards.
(7) Safe use of engineering controls, equipment, and any new
relevant safety technology or safety procedures.
(8) Review and demonstration of competency with air sampling and
monitoring equipment that may be used in a site monitoring program.
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(9) Container sampling procedures and safeguarding; general drum and
container handling procedures including special requirement for
laboratory waste packs, shock-sensitive wastes, and radioactive wastes.
(10) The elements of a spill control program.
(11) Proper use and limitations of material handling equipment.
(12) Procedures for safe and healthful preparation of containers for
shipping and transport.
(13) Methods of communication including those used while wearing
respiratory protection.
c. Technical skills.
(1) Selection, use maintenance, and limitations of personal
protective equipment including the components and procedures for
carrying out a respirator program to comply with 29 CFR 1910.134.
(2) Instruction in decontamination programs including personnel,
equipment, and hardware; hands-on training including level A, B, and C
ensembles and appropriate decontamination lines; field activities
including the donning and doffing of protective equipment to a level
commensurate with the employee's anticipated job function and
responsibility and to the degree required by potential hazards.
(3) Sources for additional hazard information; exercises using
relevant manuals and hazard coding systems.
d. Additional suggested items.
(1) A laminated, dated card or certificate with photo, denoting
limitations and level of protection for which the employee is trained
should be issued to those students successfully completing a course.
(2) Attendance should be required at all training modules, with
successful completion of exercises and a final written or oral
examination with at least 50 questions.
(3) A minimum of one-third of the program should be devoted to
hands-on exercises.
(4) A curriculum should be established for the 8-hour refresher
training required by 29 CFR 1926.65(e)(8), with delivery of such courses
directed toward those areas of previous training that need improvement
or reemphasis.
(5) A curriculum should be established for the required 8-hour
training for supervisors. Demonstrated competency in the skills and
knowledge provided in a 40-hour course should be a prerequisite for
supervisor training.
2. Refresher training.
The 8-hour annual refresher training required in 29 CFR
1926.65(e)(8) should be conducted by qualified training providers.
Refresher training should include at a minimum the following topics and
procedures:
(a) Review of and retraining on relevant topics covered in the 40-
hour program, as appropriate, using reports by the students on their
work experiences.
(b) Update on developments with respect to material covered in the
40-hour course.
(c) Review of changes to pertinent provisions of EPA or OSHA
standards or laws.
(d) Introduction of additional subject areas as appropriate.
(e) Hands-on review of new or altered PPE or decontamination
equipment or procedures. Review of new developments in personal
protective equipment.
(f) Review of newly developed air and contaminant monitoring
equipment.
3. On-site training.
a. The employer should provide employees engaged in hazardous waste
site activities with information and training prior to initial
assignment into their work area, as follows:
(1) The requirements of the hazard communication program including
the location and availability of the written program, required lists of
hazardous chemicals, and material safety data sheets.
(2) Activities and locations in their work area where hazardous
substance may be present.
(3) Methods and observations that may be used to detect the present
or release of a hazardous chemical in the work area (such as monitoring
conducted by the employer, continuous monitoring devices, visual
appearances, or other evidence (sight, sound or smell) of hazardous
chemicals being released, and applicable alarms from monitoring devices
that record chemical releases.
(4) The physical and health hazards of substances known or
potentially present in the work area.
(5) The measures employees can take to help protect themselves from
work-site hazards, including specific procedures the employer has
implemented.
(6) An explanation of the labeling system and material safety data
sheets and how employees can obtain and use appropriate hazard
information.
(7) The elements of the confined space program including special
PPE, permits, monitoring requirements, communication procedures,
emergency response, and applicable lock-out procedures.
b. The employer should provide hazardous waste employees information
and training and should provide a review and access to the site safety
and plan as follows:
(1) Names of personnel and alternate responsible for site safety and
health.
(2) Safety and health hazards present on the site.
(3) Selection, use, maintenance, and limitations of personal
protective equipment specific to the site.
(4) Work practices by which the employee can minimize risks from
hazards.
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(5) Safe use of engineering controls and equipment available on
site.
(6) Safe decontamination procedures established to minimize employee
contact with hazardous substances, including:
(A) Employee decontamination,
(B) Clothing decontamination, and
(C) Equipment decontamination.
(7) Elements of the site emergency response plan, including:
(A) Pre-emergency planning.
(B) Personnel roles and lines of authority and communication.
(C) Emergency recognition and prevention.
(D) Safe distances and places of refuge.
(E) Site security and control.
(F) Evacuation routes and procedures.
(G) Decontamination procedures not covered by the site safety and
health plan.
(H) Emergency medical treatment and first aid.
(I) Emergency equipment and procedures for handling emergency
incidents.
c. The employer should provide hazardous waste employees information
and training on personal protective equipment used at the site, such as
the following:
(1) PPE to be used based upon known or anticipated site hazards.
(2) PPE limitations of materials and construction; limitations
during temperature extremes, heat stress, and other appropriate medical
considerations; use and limitations of respirator equipment as well as
documentation procedures as outlined in 29 CFR 1910.134.
(3) PPE inspection procedures prior to, during, and after use.
(4) PPE donning and doffing procedures.
(5) PPE decontamination and disposal procedures.
(6) PPE maintenance and storage.
(7) Task duration as related to PPE limitations.
d. The employer should instruct the employee about the site medical
surveillance program relative to the particular site, including
(1) Specific medical surveillance programs that have been adapted
for the site.
(2) Specific signs and symptoms related to exposure to hazardous
materials on the site.
(3) The frequency and extent of periodic medical examinations that
will be used on the site.
(4) Maintenance and availability of records.
(5) Personnel to be contacted and procedures to be followed when
signs and symptoms of exposures are recognized.
e. The employees will review and discuss the site safety plan as
part of the training program. The location of the site safety plan and
all written programs should be discussed with employees including a
discussion of the mechanisms for access, review, and references
described.
B. RCRA Operations Training for Treatment, Storage and Disposal
Facilities.
1. As a minimum, the training course required in 29 CFR 1926.65 (p)
should include the following topics:
(a) Review of the applicable paragraphs of 29 CFR 1926.65 and the
elements of the employer's occupational safety and health plan.
(b) Review of relevant hazards such as, but not limited to,
chemical, biological, and radiological exposures; fire and explosion
hazards; thermal extremes; and physical hazards.
(c) General safety hazards including those associated with
electrical hazards, powered equipment hazards, lock-out-tag-out
procedures, motor vehicle hazards and walking-working surface hazards.
(d) Confined-space hazards and procedures.
(e) Work practices to minimize employee risk from workplace hazards.
(f) Emergency response plan and procedures including first aid
meeting the requirements of paragraph (p)(8).
(g) A review of procedures to minimize exposure to hazardous waste
and various type of waste streams, including the materials handling
program and spill containment program.
(h) A review of hazard communication programs meeting the
requirements of 29 CFR 1910.1200.
(i) A review of medical surveillance programs meeting the
requirements of 29 CFR 1926.65(p)(3) including the recognition of signs
and symptoms of overexposure to hazardous substance including known
synergistic interactions.
(j) A review of decontamination programs and procedures meeting the
requirements of 29 CFR 1926.65(p)(4).
(k) A review of an employer's requirements to implement a training
program and its elements.
(l) A review of the criteria and programs for proper selection and
use of personal protective equipment, including respirators.
(m) A review of the applicable appendices to 29 CFR 1926.65.
(n) Principles of toxicology and biological monitoring as they
pertain to occupational health.
(o) Rights and responsibilities of employees and employers under
applicable OSHA and EPA laws.
(p) Hands-on exercises and demonstrations of competency with
equipment to illustrate the basic equipment principles that may be used
during the performance of work duties, including the donning and doffing
of PPE.
(q) Sources of reference, efficient use of relevant manuals, and
knowledge of hazard coding systems to include information contained in
hazardous waste manifests.
(r) At least 8 hours of hands-on training.
[[Page 183]]
(s) Training in the job skills required for an employee's job
function and responsibility before they are permitted to participate in
or supervise field activities.
2. The individual employer should provide hazardous waste employees
with information and training prior to an employee's initial assignment
into a work area. The training and information should cover the
following topics:
(a) The Emergency response plan and procedures including first aid.
(b) A review of the employer's hazardous waste handling procedures
including the materials handling program and elements of the spill
containment program, location of spill response kits or equipment, and
the names of those trained to respond to releases.
(c) The hazardous communication program meeting the requirements of
29 CFR 1910.1200.
(d) A review of the employer's medical surveillance program
including the recognition of signs and symptoms of exposure to relevant
hazardous substance including known synergistic interactions.
(e) A review of the employer's decontamination program and
procedures.
(f) An review of the employer's training program and the parties
responsible for that program.
(g) A review of the employer's personal protective equipment program
including the proper selection and use of PPE based upon specific site
hazards.
(h) All relevant site-specific procedures addressing potential
safety and health hazards. This may include, as appropriate, biological
and radiological exposures, fire and explosion hazards, thermal hazards,
and physical hazards such as electrical hazards, powered equipment
hazards, lock-out-tag-out hazards, motor vehicle hazards, and walking-
working surface hazards.
(i) Safe use engineering controls and equipment on site.
(j) Names of personnel and alternates responsible for safety and
health.
C. Emergency response training.
Federal OSHA standards in 29 CFR 1926.65(q) are directed toward
private sector emergency responders. Therefore, the guidelines provided
in this portion of the appendix are directed toward that employee
population. However, they also impact indirectly through State OSHA or
USEPA regulations some public sector emergency responders. Therefore,
the guidelines provided in this portion of the appendix may be applied
to both employee populations.
States with OSHA state plans must cover their employees with
regulations at least as effective as the Federal OSHA standards. Public
employees in states without approved state OSHA programs covering
hazardous waste operations and emergency response are covered by the
U.S. EPA under 40 CFR 311, a regulation virtually identical to
Sec. 1926.65.
Since this is a non-mandatory appendix and therefore not an
enforceable standard, OSHA recommends that those employers, employees or
volunteers in public sector emergency response organizations outside
Federal OSHA jurisdiction consider the following criteria in developing
their own training programs. A unified approach to training at the
community level between emergency response organizations covered by
Federal OSHA and those not covered directly by Federal OSHA can help
ensure an effective community response to the release or potential
release of hazardous substances in the community.
a. General considerations.
Emergency response organizations are required to consider the topics
listed in Sec. 1926.65(q)(6). Emergency response organizations may use
some or all of the following topics to supplement those mandatory topics
when developing their response training programs. Many of the topics
would require an interaction between the response provider and the
individuals responsible for the site where the response would be
expected.
(1) Hazard recognition, including:
(A) Nature of hazardous substances present,
(B) Practical applications of hazard recognition, including
presentations on biology, chemistry, and physics.
(2) Principles of toxicology, biological monitoring, and risk
assessment.
(3) Safe work practices and general site safety.
(4) Engineering controls and hazardous waste operations.
(5) Site safety plans and standard operating procedures.
(6) Decontamination procedures and practices.
(7) Emergency procedures, first aid, and self-rescue.
(8) Safe use of field equipment.
(9) Storage, handling, use and transportation of hazardous
substances.
(10) Use, care, and limitations of personal protective equipment.
(11) Safe sampling techniques.
(12) Rights and responsibilities of employees under OSHA and other
related laws concerning right-to-know, safety and health, compensations
and liability.
(13) Medical monitoring requirements.
(14) Community relations.
b. Suggested criteria for specific courses.
(1) First responder awareness level.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1926.65(q).
[[Page 184]]
(B) Hands-on experience with the U.S. Department of Transportation's
Emergency Response Guidebook (ERG) and familiarization with OSHA
standard 29 CFR 1926.60.
(C) Review of the principles and practices for analyzing an incident
to determine both the hazardous substances present and the basic hazard
and response information for each hazardous substance present.
(D) Review of procedures for implementing actions consistent with
the local emergency response plan, the organization's standard operating
procedures, and the current edition of DOT's ERG including emergency
notification procedures and follow-up communications.
(E) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered equipment
hazards, motor vehicle hazards, and walking-working surface hazards.
(F) Awareness and knowledge of the competencies for the First
Responder at the Awareness Level covered in the National Fire Protection
Association's Standard No. 472, Professional Competence of Responders to
Hazardous Materials Incidents.
(2) First responder operations level.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1926.65(q).
(B) Hands-on experience with the U.S. Department of Transportation's
Emergency Response Guidebook (ERG), manufacturer material safety data
sheets, CHEMTREC/CANUTEC, shipper or manufacturer contacts and other
relevant sources of information addressing hazardous substance releases.
Familiarization with OSHA standard 29 CFR 1926.60.
(C) Review of the principles and practices for analyzing an incident
to determine the hazardous substances present, the likely behavior of
the hazardous substance and its container, the types of hazardous
substance transportation containers and vehicles, the types and
selection of the appropriate defensive strategy for containing the
release.
(D) Review of procedures for implementing continuing response
actions consistent with the local emergency response plan, the
organization's standard operating procedures, and the current edition of
DOT's ERG including extended emergency notification procedures and
follow-up communications.
(E) Review of the principles and practice for proper selection and
use of personal protective equipment.
(F) Review of the principles and practice of personnel and equipment
decontamination.
(G) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered equipment
hazards, motor vehicle hazards, and walking-working surface hazards.
(H) Awareness and knowledge of the competencies for the First
Responder at the Operations Level covered in the National Fire
Protection Association's Standard No. 472, Professional Competence of
Responders to Hazardous Materials Incidents.
(3) Hazardous materials technician.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1926.65(q).
(B) Hands-on experience with written and electronic information
relative to response decision making including but not limited to the
U.S. Department of Transportation's Emergency Response Guidebook (ERG),
manufacturer material safety data sheets, CHEMTREC/CANUTEC, shipper or
manufacturer contacts, computer data bases and response models, and
other relevant sources of information addressing hazardous substance
releases. Familiarization with 29 CFR 1926.60.
(C) Review of the principles and practices for analyzing an incident
to determine the hazardous substances present, their physical and
chemical properties, the likely behavior of the hazardous substance and
its container, the types of hazardous substance transportation
containers and vehicles involved in the release, the appropriate
strategy for approaching release sites and containing the release.
(D) Review of procedures for implementing continuing response
actions consistent with the local emergency response plan, the
organization's standard operating procedures, and the current edition of
DOT's ERG including extended emergency notification procedures and
follow-up communications.
(E) Review of the principles and practice for proper selection and
use of personal protective equipment.
(F) Review of the principles and practices of establishing exposure
zones, proper decontamination and medical surveillance stations and
procedures.
(G) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered equipment
hazards, motor vehicle hazards, and walking-working surface hazards.
(H) Awareness and knowledge of the competencies for the Hazardous
Materials Technician covered in the National Fire Protection
Association's Standard No. 472, Professional Competence of Responders to
Hazardous Materials Incidents.
(4) Hazardous materials specialist.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1926.65(q).
(B) Hands-on experience with retrieval and use of written and
electronic information relative to response decision making including
but not limited to the U.S. Department of Transportation's Emergency
Response Guidebook (ERG), manufacturer material safety data sheets,
CHEMTREC/CANUTEC, shipper or manufacturer contacts, computer data bases
and response models, and other
[[Page 185]]
relevant sources of information addressing hazardous substance releases.
Familiarization with 29 CFR 1926.60.
(C) Review of the principles and practices for analyzing an incident
to determine the hazardous substances present, their physical and
chemical properties, and the likely behavior of the hazardous substance
and its container, vessel, or vehicle.
(D) Review of the principles and practices for identification of the
types of hazardous substance transportation containers, vessels and
vehicles involved in the release; selecting and using the various types
of equipment available for plugging or patching transportation
containers, vessels or vehicles; organizing and directing the use of
multiple teams of hazardous material technicians and selecting the
appropriate strategy for approaching release sites and containing or
stopping the release.
(E) Review of procedures for implementing continuing response
actions consistent with the local emergency response plan, the
organization's standard operating procedures, including knowledge of the
available public and private response resources, establishment of an
incident command post, direction of hazardous material technician teams,
and extended emergency notification procedures and follow-up
communications.
(F) Review of the principles and practice for proper selection and
use of personal protective equipment.
(G) Review of the principles and practices of establishing exposure
zones and proper decontamination, monitoring and medical surveillance
stations and procedures.
(H) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered equipment
hazards, motor vehicle hazards, and walking-working surface hazards.
(I) Awareness and knowledge of the competencies for the Off-site
Specialist Employee covered in the National Fire Protection
Association's Standard No. 472, Professional Competence of Responders to
Hazardous Materials Incidents.
(5) Incident commander.
The incident commander is the individual who, at any one time, is
responsible for and in control of the response effort. This individual
is the person responsible for the direction and coordination of the
response effort. An incident commander's position should be occupied by
the most senior, appropriately trained individual present at the
response site. Yet, as necessary and appropriate by the level of
response provided, the position may be occupied by many individuals
during a particular response as the need for greater authority,
responsibility, or training increases. It is possible for the first
responder at the awareness level to assume the duties of incident
commander until a more senior and appropriately trained individual
arrives at the response site.
Therefore, any emergency responder expected to perform as an
incident commander should be trained to fulfill the obligations of the
position at the level of response they will be providing including the
following:
(A) Ability to analyze a hazardous substance incident to determine
the magnitude of the response problem.
(B) Ability to plan and implement an appropriate response plan
within the capabilities of available personnel and equipment.
(C) Ability to implement a response to favorably change the outcome
of the incident in a manner consistent with the local emergency response
plan and the organization's standard operating procedures.
(D) Ability to evaluate the progress of the emergency response to
ensure that the response objectives are being met safely, effectively,
and efficiently.
(E) Ability to adjust the response plan to the conditions of the
response and to notify higher levels of response when required by the
changes to the response plan.
[58 FR 35129, June 30, 1993, as amended at 59 FR 43275, Aug. 22, 1994:
61 FR 5510, Feb. 13, 1996]
Sec. 1926.66 Criteria for design and construction of spray booths.
(a) Definitions applicable to this section--(1) Aerated solid
powders. Aerated powders shall mean any powdered material used as a
coating material which shall be fluidized within a container by passing
air uniformly from below. It is common practice to fluidize such
materials to form a fluidized powder bed and then dip the part to be
coated into the bed in a manner similar to that used in liquid dipping.
Such beds are also used as sources for powder spray operations.
(2) Spraying area. Any area in which dangerous quantities of
flammable vapors or mists, or combustible residues, dusts, or deposits
are present due to the operation of spraying processes.
(3) Spray booth. A power-ventilated structure provided to enclose or
accommodate a spraying operation to confine and limit the escape of
spray, vapor, and residue, and to safely conduct or direct them to an
exhaust system.
(4) Waterwash spray booth. A spray booth equipped with a water
washing system designed to minimize dusts or residues entering exhaust
ducts and to permit the recovery of overspray finishing material.
[[Page 186]]
(5) Dry spray booth. A spray booth not equipped with a water washing
system as described in paragraph (a)(4) of this section. A dry spray
booth may be equipped with
(i) Distribution or baffle plates to promote an even flow of air
through the booth or cause the deposit of overspray before it enters the
exhaust duct; or
(ii) Overspray dry filters to minimize dusts; or
(iii) Overspray dry filters to minimize dusts or residues entering
exhaust ducts; or
(iv) Overspray dry filter rolls designed to minimize dusts or
residues entering exhaust ducts; or
(v) Where dry powders are being sprayed, with powder collection
systems so arranged in the exhaust to capture oversprayed material.
(6) Fluidized bed. A container holding powder coating material which
is aerated from below so as to form an air-supported expanded cloud of
such material through which the preheated object to be coated is
immersed and transported.
(7) Electrostatic fluidized bed. A container holding powder coating
material which is aerated from below so as to form an air-supported
expanded cloud of such material which is electrically charged with a
charge opposite to the charge of the object to be coated; such object is
transported, through the container immediately above the charged and
aerated materials in order to be coated.
(8) Approved. Shall mean approved and listed by a nationally
recognized testing laboratory.
(9) Listed. See ``approved'' in paragraph (a)(8) of this section.
(b) Spray booths--(1) Construction. Spray booths shall be
substantially constructed of steel, securely and rigidly supported, or
of concrete or masonry except that aluminum or other substantial
noncombustible material may be used for intermittent or low volume
spraying. Spray booths shall be designed to sweep air currents toward
the exhaust outlet.
(2) Interiors. The interior surfaces of spray booths shall be smooth
and continuous without edges and otherwise designed to prevent pocketing
of residues and facilitate cleaning and washing without injury.
(3) Floors. The floor surface of a spray booth and operator's
working area, if combustible, shall be covered with noncombustible
material of such character as to facilitate the safe cleaning and
removal of residues.
(4) Distribution or baffle plates. Distribution or baffle plates, if
installed to promote an even flow of air through the booth or cause the
deposit of overspray before it enters the exhaust duct, shall be of
noncombustible material and readily removable or accessible on both
sides for cleaning. Such plates shall not be located in exhaust ducts.
(5) Dry type overspray collectors--(exhaust air filters). In
conventional dry type spray booths, overspray dry filters or filter
rolls, if installed, shall conform to the following:
(i) The spraying operations except electrostatic spraying operations
shall be so designed, installed and maintained that the average air
velocity over the open face of the booth (or booth cross section during
spraying operations) shall be not less than 100 linear feet per minute.
Electrostatic spraying operations may be conducted with an air velocity
over the open face of the booth of not less than 60 linear feet per
minute, or more, depending on the volume of the finishing material being
applied and its flammability and explosion characteristics. Visible
gauges or audible alarm or pressure activated devices shall be installed
to indicate or insure that the required air velocity is maintained.
Filter rolls shall be inspected to insure proper replacement of filter
media.
(ii) All discarded filter pads and filter rolls shall be immediately
removed to a safe, well-detached location or placed in a water-filled
metal container and disposed of at the close of the day's operation
unless maintained completely in water.
(iii) The location of filters in a spray booth shall be so as to not
reduce the effective booth enclosure of the articles being sprayed.
(iv) Space within the spray booth on the downstream and upstream
sides of filters shall be protected with approved automatic sprinklers.
[[Page 187]]
(v) Filters or filter rolls shall not be used when applying a spray
material known to be highly susceptible to spontaneous heating and
ignition.
(vi) Clean filters or filter rolls shall be noncombustible or of a
type having a combustibility not in excess of class 2 filters as listed
by Underwriters' Laboratories, Inc. Filters and filter rolls shall not
be alternately used for different types of coating materials, where the
combination of materials may be conducive to spontaneous ignition.
(6) Frontal area. Each spray booth having a frontal area larger than
9 square feet shall have a metal deflector or curtain not less than 2
\1/2\ inches (5.35 cm) deep installed at the upper outer edge of the
booth over the opening.
(7) Conveyors. Where conveyors are arranged to carry work into or
out of spray booths, the openings therefor shall be as small as
practical.
(8) Separation of operations. Each spray booth shall be separated
from other operations by not less than 3 feet (0.912 m), or by a greater
distance, or by such partition or wall as to reduce the danger from
juxtaposition of hazardous operations. See also paragraph (c)(1) of this
section.
(9) Cleaning. Spray booths shall be so installed that all portions
are readily accessible for cleaning. A clear space of not less than 3
feet (0.912 m) on all sides shall be kept free from storage or
combustible construction.
(10) Illumination. When spraying areas are illuminated through glass
panels or other transparent materials, only fixed lighting units shall
be used as a source of illumination. Panels shall effectively isolate
the spraying area from the area in which the lighting unit is located,
and shall be of a noncombustible material of such a nature or so
protected that breakage will be unlikely. Panels shall be so arranged
that normal accumulations of residue on the exposed surface of the panel
will not be raised to a dangerous temperature by radiation or conduction
from the source of illumination.
(c) Electrical and other sources of ignition--(1) Conformance. All
electrical equipment, open flames and other sources of ignition shall
conform to the requirements of this paragraph, except as follows:
(i) Electrostatic apparatus shall conform to the requirements of
paragraphs (e) and (f) of this section;
(ii) Drying, curing, and fusion apparatus shall conform to the
requirements of paragraph (g) of this section;
(iii) [Reserved]
(iv) Powder coating equipment shall conform to the requirements of
paragraph (c)(1) of this section.
(2) Minimum separation. There shall be no open flame or spark
producing equipment in any spraying area nor within 20 feet (6.08 m)
thereof, unless separated by a partition.
(3) Hot surfaces. Space-heating appliances, steampipes, or hot
surfaces shall not be located in a spraying area where deposits of
combustible residues may readily accumulate.
(4) Wiring conformance. Electrical wiring and equipment shall
conform to the provisions of this paragraph and shall otherwise be in
accordance with subpart S of this part.
(5) Combustible residues, areas. Unless specifically approved for
locations containing both deposits of readily ignitable residue and
explosive vapors, there shall be no electrical equipment in any spraying
area, whereon deposits of combustible residues may readily accumulate,
except wiring in rigid conduit or in boxes or fittings containing no
taps, splices, or terminal connections.
(6) Wiring type approved. Electrical wiring and equipment not
subject to deposits of combustible residues but located in a spraying
area as herein defined shall be of explosion-proof type approved for
Class I, group D locations and shall otherwise conform to the provisions
of subpart S of this part, for Class I, Division 1, Hazardous Locations.
Electrical wiring, motors, and other equipment outside of but within 20
feet (6.08 m) of any spraying area, and not separated therefrom by
partitions, shall not produce sparks under normal operating conditions
and shall otherwise conform to the provisions of subpart S of this part
for Class I, Division 2 Hazardous Locations.
(7) Lamps. Electric lamps outside of, but within 20 feet (6.08 m) of
any spraying area, and not separated therefrom by a partition, shall be
totally enclosed
[[Page 188]]
to prevent the falling of hot particles and shall be protected from
mechanical injury by suitable guards or by location.
(8) Portable lamps. Portable electric lamps shall not be used in any
spraying area during spraying operations. Portable electric lamps, if
used during cleaning or repairing operations, shall be of the type
approved for hazardous Class I locations.
(9) Grounding. (i) All metal parts of spray booths, exhaust ducts,
and piping systems conveying flammable or combustible liquids or aerated
solids shall be properly electrically grounded in an effective and
permanent manner.
(d) Ventilation--(1) Conformance. Ventilating and exhaust systems
shall be in accordance with the Standard for Blower and Exhaust Systems
for Vapor Removal, NFPA No. 91-1961, where applicable and shall also
conform to the provisions of this section.
(2) General. All spraying areas shall be provided with mechanical
ventilation adequate to remove flammable vapors, mists, or powders to a
safe location and to confine and control combustible residues so that
life is not endangered. Mechanical ventilation shall be kept in
operation at all times while spraying operations are being conducted and
for a sufficient time thereafter to allow vapors from drying coated
articles and drying finishing material residue to be exhausted.
(3) Independent exhaust. Each spray booth shall have an independent
exhaust duct system discharging to the exterior of the building, except
that multiple cabinet spray booths in which identical spray finishing
material is used with a combined frontal area of not more than 18 square
feet may have a common exhaust. If more than one fan serves one booth,
all fans shall be so interconnected that one fan cannot operate without
all fans being operated.
(4) Fan-rotating element. The fan-rotating element shall be
nonferrous or nonsparking or the casing shall consist of or be lined
with such material. There shall be ample clearance between the fan-
rotating element and the fan casing to avoid a fire by friction,
necessary allowance being made for ordinary expansion and loading to
prevent contact between moving parts and the duct or fan housing. Fan
blades shall be mounted on a shaft sufficiently heavy to maintain
perfect alignment even when the blades of the fan are heavily loaded,
the shaft preferably to have bearings outside the duct and booth. All
bearings shall be of the self-lubricating type, or lubricated from the
outside duct.
(5) Electric motors. Electric motors driving exhaust fans shall not
be placed inside booths or ducts. See also paragraph (c) of this
section.
(6) Belts. Belts shall not enter the duct or booth unless the belt
and pulley within the duct or booth are thoroughly enclosed.
(7) Exhaust ducts. Exhaust ducts shall be constructed of steel and
shall be substantially supported. Exhaust ducts without dampers are
preferred; however, if dampers are installed, they shall be maintained
so that they will be in a full open position at all times the
ventilating system is in operation.
(i) Exhaust ducts shall be protected against mechanical damage and
have a clearance from unprotected combustible construction or other
combustible material of not less than 18 inches (45.72 cm).
(ii) If combustible construction is provided with the following
protection applied to all surfaces within 18 inches (45.72 cm),
clearances may be reduced to the distances indicated:
(a) 28-gage sheet metal on 1/4-inch 12 inches (30.48 cm).
asbestos mill board.
(b) 28-gage sheet metal on 1/8-inch 9 inches (22.86 cm).
asbestos mill board spaced out 1 inch
(2.54 cm) on noncombustible spacers.
(c) 22-gage sheet metal on 1-inch rockwool 3 inches (7.62 cm).
batts reinforced with wire mesh or the
equivalent.
(d) Where ducts are protected with an
approved automatic sprinkler system,
properly maintained, the clearance
required in paragraph (d)(7)(i) of this
section may be reduced to 6 inches (15.24
cm).
(8) Discharge clearance. Unless the spray booth exhaust duct
terminal is from a water-wash spray booth, the terminal discharge point
shall be not less than 6 feet from any combustible exterior wall or roof
nor discharge in the direction of any combustible construction or
unprotected opening in
[[Page 189]]
any noncombustible exterior wall within 25 feet (7.6 m).
(9) Air exhaust. Air exhaust from spray operations shall not be
directed so that it will contaminate makeup air being introduced into
the spraying area or other ventilating intakes, nor directed so as to
create a nuisance. Air exhausted from spray operations shall not be
recirculated.
(10) Access doors. When necessary to facilitate cleaning, exhaust
ducts shall be provided with an ample number of access doors.
(11) Room intakes. Air intake openings to rooms containing spray
finishing operations shall be adequate for the efficient operation of
exhaust fans and shall be so located as to minimize the creation of dead
air pockets.
(12) Drying spaces. Freshly sprayed articles shall be dried only in
spaces provided with adequate ventilation to prevent the formation of
explosive vapors. In the event adequate and reliable ventilation is not
provided such drying spaces shall be considered a spraying area.
(e) Fixed electrostatic apparatus--(1) Conformance. Where
installation and use of electrostatic spraying equipment is used, such
installation and use shall conform to all other paragraphs of this
section, and shall also conform to the requirements of this paragraph.
(2) Type approval. Electrostatic apparatus and devices used in
connection with coating operations shall be of approved types.
(3) Location. Transformers, power packs, control apparatus, and all
other electrical portions of the equipment, with the exception of high-
voltage grids, electrodes, and electrostatic atomizing heads and their
connections, shall be located outside of the spraying area, or shall
otherwise conform to the requirements of paragraph (c) of this section.
(4) Support. Electrodes and electrostatic atomizing heads shall be
adequately supported in permanent locations and shall be effectively
insulated from the ground. Electrodes and electrostatic atomizing heads
which are permanently attached to their bases, supports, or
reciprocators, shall be deemed to comply with this section. Insulators
shall be nonporous and noncombustible.
(5) Insulators, grounding. High-voltage leads to electrodes shall be
properly insulated and protected from mechanical injury or exposure to
destructive chemicals. Electrostatic atomizing heads shall be
effectively and permanently supported on suitable insulators and shall
be effectively guarded against accidental contact or grounding. An
automatic means shall be provided for grounding the electrode system
when it is electrically deenergized for any reason. All insulators shall
be kept clean and dry.
(6) Safe distance. A safe distance shall be maintained between goods
being painted and electrodes or electrostatic atomizing heads or
conductors of at least twice the sparking distance. A suitable sign
indicating this safe distance shall be conspicuously posted near the
assembly.
(7) Conveyors required. Goods being painted using this process are
to be supported on conveyors. The conveyors shall be so arranged as to
maintain safe distances between the goods and the electrodes or
electrostatic atomizing heads at all times. Any irregularly shaped or
other goods subject to possible swinging or movement shall be rigidly
supported to prevent such swinging or movement which would reduce the
clearance to less than that specified in paragraph (e)(6) of this
section.
(8) Prohibition. This process is not acceptable where goods being
coated are manipulated by hand. When finishing materials are applied by
electrostatic equipment which is manipulated by hand, see paragraph (f)
of this section for applicable requirements.
(9) Fail-safe controls. Electrostatic apparatus shall be equipped
with automatic controls which will operate without time delay to
disconnect the power supply to the high voltage transformer and to
signal the operator under any of the following conditions:
(i) Stoppage of ventilating fans or failure of ventilating equipment
from any cause.
(ii) Stoppage of the conveyor carrying goods through the high
voltage field.
[[Page 190]]
(iii) Occurrence of a ground or of an imminent ground at any point
on the high voltage system.
(iv) Reduction of clearance below that specified in paragraph (e)(6)
of this section.
(10) Guarding. Adequate booths, fencing, railings, or guards shall
be so placed about the equipment that they, either by their location or
character or both, assure that a safe isolation of the process is
maintained from plant storage or personnel. Such railings, fencing, and
guards shall be of conducting material, adequately grounded.
(11) Ventilation. Where electrostatic atomization is used the
spraying area shall be so ventilated as to insure safe conditions from a
fire and health standpoint.
(12) Fire protection. All areas used for spraying, including the
interior of the booth, shall be protected by automatic sprinklers where
this protection is available. Where this protection is not available,
other approved automatic extinguishing equipment shall be provided.
(f) Electrostatic hand spraying equipment--(1) Application. This
paragraph shall apply to any equipment using electrostatically charged
elements for the atomization and/or, precipitation of materials for
coatings on articles, or for other similar purposes in which the
atomizing device is hand held and manipulated during the spraying
operation.
(2) Conformance. Electrostatic hand spraying equipment shall conform
with the other provisions of this section.
(3) Equipment approval and specifications. Electrostatic hand spray
apparatus and devices used in connection with coating operations shall
be of approved types. The high voltage circuits shall be designed so as
to not produce a spark of sufficient intensity to ignite any vapor-air
mixtures nor result in appreciable shock hazard upon coming in contact
with a grounded object under all normal operating conditions. The
electrostatically charged exposed elements of the handgun shall be
capable of being energized only by a switch which also controls the
coating material supply.
(4) Electrical support equipment. Transformers, powerpacks, control
apparatus, and all other electrical portions of the equipment, with the
exception of the handgun itself and its connections to the power supply
shall be located outside of the spraying area or shall otherwise conform
to the requirements of paragraph (c) of this section.
(5) Spray gun ground. The handle of the spraying gun shall be
electrically connected to ground by a metallic connection and to be so
constructed that the operator in normal operating position is in
intimate electrical contact with the grounded handle.
(6) Grounding-general. All electrically conductive objects in the
spraying area shall be adequately grounded. This requirement shall apply
to paint containers, wash cans, and any other objects or devices in the
area. The equipment shall carry a prominent permanently installed
warning regarding the necessity for this grounding feature.
(7) Maintenance of grounds. Objects being painted or coated shall be
maintained in metallic contact with the conveyor or other grounded
support. Hooks shall be regularly cleaned to insure this contact and
areas of contact shall be sharp points or knife edges where possible.
Points of support of the object shall be concealed from random spray
where feasible and where the objects being sprayed are supported from a
conveyor, the point of attachment to the conveyor shall be so located as
to not collect spray material during normal operation.
(8) Interlocks. The electrical equipment shall be so interlocked
with the ventilation of the spraying area that the equipment cannot be
operated unless the ventilation fans are in operation.
(9) Ventilation. The spraying operation shall take place within a
spray area which is adequately ventilated to remove solvent vapors
released from the operation.
(g) Drying, curing, or fusion apparatus--(1) Conformance. Drying,
curing, or fusion apparatus in connection with spray application of
flammable and combustible finishes shall conform to the Standard for
Ovens and Furnaces, NFPA 86A-1969, where applicable and shall also
conform with the following requirements of this paragraph.
[[Page 191]]
(2) Alternate use prohibited. Spray booths, rooms, or other
enclosures used for spraying operations shall not alternately be used
for the purpose of drying by any arrangement which will cause a material
increase in the surface temperature of the spray booth, room, or
enclosure.
(3) Adjacent system interlocked. Except as specifically provided in
paragraph (g)(4) of this section, drying, curing, or fusion units
utilizing a heating system having open flames or which may produce
sparks shall not be installed in a spraying area, but may be installed
adjacent thereto when equipped with an interlocked ventilating system
arranged to:
(i) Thoroughly ventilate the drying space before the heating system
can be started;
(ii) Maintain a safe atmosphere at any source of ignition;
(iii) Automatically shut down the heating system in the event of
failure of the ventilating system.
(4) Alternate use permitted. Automobile refinishing spray booths or
enclosures, otherwise installed and maintained in full conformity with
this section, may alternately be used for drying with portable
electrical infrared drying apparatus when conforming with the following:
(i) Interior (especially floors) of spray enclosures shall be kept
free of overspray deposits.
(ii) During spray operations, the drying apparatus and electrical
connections and wiring thereto shall not be located within spray
enclosure nor in any other location where spray residues may be
deposited thereon.
(iii) The spraying apparatus, the drying apparatus, and the
ventilating system of the spray enclosure shall be equipped with
suitable interlocks so arranged that:
(a) The spraying apparatus cannot be operated while the drying
apparatus is inside the spray enclosure.
(b) The spray enclosure will be purged of spray vapors for a period
of not less than 3 minutes before the drying apparatus can be energized.
(c) The ventilating system will maintain a safe atmosphere within
the enclosure during the drying process and the drying apparatus will
automatically shut off in the event of failure of the ventilating
system.
(iv) All electrical wiring and equipment of the drying apparatus
shall conform with the applicable sections of subpart S of this part.
Only equipment of a type approved for Class I, Division 2 hazardous
locations shall be located within 18 inches (45.72 cm) of floor level.
All metallic parts of the drying apparatus shall be properly
electrically bonded and grounded.
(v) The drying apparatus shall contain a prominently located,
permanently attached warning sign indicating that ventilation should be
maintained during the drying period and that spraying should not be
conducted in the vicinity that spray will deposit on apparatus.
[58 FR 35149, June 30, 1993]
Subpart E--Personal Protective and Life Saving Equipment
Authority: Sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6 and 8,
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657);
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059),
9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part
1911.
Sec. 1926.95 Criteria for personal protective equipment.
(a) Application. Protective equipment, including personal protective
equipment for eyes, face, head, and extremities, protective clothing,
respiratory devices, and protective shields and barriers, shall be
provided, used, and maintained in a sanitary and reliable condition
wherever it is necessary by reason of hazards of processes or
environment, chemical hazards, radiological hazards, or mechanical
irritants encountered in a manner capable of causing injury or
impairment in the function of any part of the body through absorption,
inhalation or physical contact.
(b) Employee-owned equipment. Where employees provide their own
protective equipment, the employer shall be responsible to assure its
adequacy, including proper maintenance, and sanitation of such
equipment.
[[Page 192]]
(c) Design. All personal protective equipment shall be of safe
design and construction for the work to be performed.
[58 FR 35152, June 30, 1993]
Sec. 1926.96 Occupational foot protection.
Safety-toe footwear for employees shall meet the requirements and
specifications in American National Standard for Men's Safety-Toe
Footwear, Z41.1-1967.
[58 FR 35152, June 30, 1993]
Secs. 1926.97--1926.98 [Reserved]
Sec. 1926.100 Head protection.
(a) Employees working in areas where there is a possible danger of
head injury from impact, or from falling or flying objects, or from
electrical shock and burns, shall be protected by protective helmets.
(b) Helmets for the protection of employees against impact and
penetration of falling and flying objects shall meet the specifications
contained in American National Standards Institute, Z89.1-1969, Safety
Requirements for Industrial Head Protection.
(c) Helmets for the head protection of employees exposed to high
voltage electrical shock and burns shall meet the specifications
contained in American National Standards Institute, Z89.2-1971.
Sec. 1926.101 Hearing protection.
(a) Wherever it is not feasible to reduce the noise levels or
duration of exposures to those specified in Table D-2, Permissible Noise
Exposures, in Sec. 1926.52, ear protective devices shall be provided and
used.
(b) Ear protective devices inserted in the ear shall be fitted or
determined individually by competent persons.
(c) Plain cotton is not an acceptable protective device.
Sec. 1926.102 Eye and face protection.
(a) General. (1) Employees shall be provided with eye and face
protection equipment when machines or operations present potential eye
or face injury from physical, chemical, or radiation agents.
(2) Eye and face protection equipment required by this Part shall
meet the requirements specified in American National Standards
Institute, Z87.1-1968, Practice for Occupational and Educational Eye and
Face Protection.
(3) Employees whose vision requires the use of corrective lenses in
spectacles, when required by this regulation to wear eye protection,
shall be protected by goggles or spectacles of one of the following
types:
(i) Spectacles whose protective lenses provide optical correction;
(ii) Goggles that can be worn over corrective spectacles without
disturbing the adjustment of the spectacles;
(iii) Goggles that incorporate corrective lenses mounted behind the
protective lenses.
(4) Face and eye protection equipment shall be kept clean and in
good repair. The use of this type equipment with structural or optical
defects shall be prohibited.
(5) Table E-1 shall be used as a guide in the selection of face and
eye protection for the hazards and operations noted.
[GRAPHIC] [TIFF OMITTED] TC30OC91.010
[[Page 193]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.011
*Non-side shield spectacles are available for limited hazard use
requiring only frontal protection.
**See Table E-2, in paragraph (b) of this section, Filter Lens Shade
Numbers for Protection Against Radiant Energy.
Applications
----------------------------------------------------------------------------------------------------------------
Recommended protectors: Bold type
Operation Hazards numbers signify preferred protection
----------------------------------------------------------------------------------------------------------------
Acetylene--Burning, Acetylene--Cutting, Sparks, harmful rays, 7, 8, 9.
Acetylene--Welding. molten metal, flying
particles.
----------------------------------------------------------------------------------------------------------------
Chemical Handling........................ Splash, acid burns, fumes.. 2, 10 (For severe exposure add 10 over
2).
----------------------------------------------------------------------------------------------------------------
Chipping................................. Flying particles........... 1, 3, 4, 5, 6, 7A, 8A.
----------------------------------------------------------------------------------------------------------------
Electric (arc) welding................... Sparks, intense rays, 9, 11, (11 in combination with 4, 5, 6,
molten metal. in tinted lenses, advisable).
----------------------------------------------------------------------------------------------------------------
Furnace operations....................... Glare, heat, molten metal.. 7, 8, 9 (For severe exposure add 10).
----------------------------------------------------------------------------------------------------------------
Grinding--Light.......................... Flying particles........... 1, 3, 4, 5, 6, 10.
----------------------------------------------------------------------------------------------------------------
Grinding--Heavy.......................... Flying particles........... 1 , 3, 7A, 8A (For severe exposure add
10).
----------------------------------------------------------------------------------------------------------------
Laboratory............................... Chemical splash, glass 2 (10 when in combination with 4, 5, 6).
breakage.
----------------------------------------------------------------------------------------------------------------
Machining................................ Flying particles........... 1, 3, 4, 5, 6, 10.
----------------------------------------------------------------------------------------------------------------
Molten metals............................ Heat, glare, sparks, splash 7, 8, (10 in combination with 4, 5, 6,
in tinted lenses).
----------------------------------------------------------------------------------------------------------------
Spot welding............................. Flying particles, sparks... 1, 3, 4, 5, 6, 10.
----------------------------------------------------------------------------------------------------------------
(6) Protectors shall meet the following minimum requirements:
(i) They shall provide adequate protection against the particular
hazards for which they are designed.
(ii) They shall be reasonably comfortable when worn under the
designated conditions.
(iii) They shall fit snugly and shall not unduly interfere with the
movements of the wearer.
(iv) They shall be durable.
(v) They shall be capable of being disinfected.
(vi) They shall be easily cleanable.
(7) Every protector shall be distinctly marked to facilitate
identification only of the manufacturer.
(8) When limitations or precautions are indicated by the
manufacturer, they shall be transmitted to the user and care taken to
see that such limitations and precautions are strictly observed.
(b) Protection against radiant energy--(1) Selection of shade
numbers for welding filter. Table E-2 shall be used as a guide for the
selection of the proper shade numbers of filter lenses or plates used in
welding. Shades more dense than those listed may be used to suit the
individual's needs.
[[Page 194]]
Table E-2--Filter Lens Shade Numbers for Protection Against Radiant
Energy
------------------------------------------------------------------------
Shade
Welding operation number
------------------------------------------------------------------------
Shielded metal-arc welding \1/16\-, \3/32\-, \1/8\-, \5/32\-
inch diameter electrodes................................... 10
Gas-shielded arc welding (nonferrous) \1/16\-, \3/32\-, \1/
8\-, \5/32\-inch diameter electrodes....................... 11
Gas-shielded arc welding (ferrous) \1/16\-, \3/32\-, \1/8\-,
\5/32\-inch diameter electrodes............................ 12
Shielded metal-arc welding \3/16\-, \7/32\-, \1/4\-inch
diameter electrodes........................................ 12
\5/16\-, \3/8\-inch diameter electrodes..................... 14
Atomic hydrogen welding..................................... 10-14
Carbon-arc welding.......................................... 14
Soldering................................................... 2
Torch brazing............................................... 3 or 4
Light cutting, up to 1 inch................................. 3 or 4
Medium cutting, 1 inch to 6 inches.......................... 4 or 5
Heavy cutting, over 6 inches................................ 5 or 6
Gas welding (light), up to \1/8\-inch....................... 4 or 5
Gas welding (medium), \1/8\-inch to \1/2\-inch.............. 5 or 6
Gas welding (heavy), over \1/2\-inch........................ 6 or 8
------------------------------------------------------------------------
(2) Laser protection. (i) Employees whose occupation or assignment
requires exposure to laser beams shall be furnished suitable laser
safety goggles which will protect for the specific wavelength of the
laser and be of optical density (O.D.) adequate for the energy involved.
Table E-3 lists the maximum power or energy density for which adequate
protection is afforded by glasses of optical densities from 5 through 8.
Table E-3--Selecting Laser Safety Glass
------------------------------------------------------------------------
Intensity, CW maximum Attenuation
power density (watts/ ------------------------------------------------
cm2) Optical density (O.D.) Attenuation factor
------------------------------------------------------------------------
10-2................... 5 105
10-1................... 6 106
1.0.................... 7 107
10.0................... 8 108
------------------------------------------------------------------------
Output levels falling between lines in this table shall require the
higher optical density.
(ii) All protective goggles shall bear a label identifying the
following data:
(a) The laser wavelengths for which use is intended;
(b) The optical density of those wavelengths;
(c) The visible light transmission.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35160, June 30, 1993]
Sec. 1926.103 Respiratory protection.
(a) General. (1) In emergencies, or when controls required by
subpart D of this part either fail or are inadequate to prevent harmful
exposure to employees, appropriate respiratory protective devices shall
be provided by the employer and shall be used.
(2) Respiratory protective devices shall be approved by the Mine
Safety and Health Administration and the National Institute for
Occupational Safety and Health for the specific contaminant to which the
employee is exposed.
(b) Respirator selection. (1) The chemical and physical properties
of the contaminant, as well as the toxicity and concentration of the
hazardous material, shall be considered in selecting the proper
respirators.
(2) The nature and extent of the hazard, work requirements, and
conditions, as well as the limitations and characteristics of the
available respirators, shall also be factors considered in making the
proper selection.
(3) The following table lists the types of respirators required for
protection in dangerous atmospheres:
Table E-4--Selection of Respirators
------------------------------------------------------------------------
Hazard Respirator (See Note)
------------------------------------------------------------------------
Oxygen deficiency................ Self-contained breathing apparatus.
Hose mask with blower. Combination
air-line respirator with auxiliary
self-contained air supply or an air-
storage receiver with alarm.
Gas and vapor contaminants Self-contained breathing apparatus.
immediately dangerous to life Hose mask with blower. Air-
and health. purifying, full facepiece respirator
with chemical canister (gas mask).
Self-rescue mouthpiece respirator
(for escape only). Combination air-
line respirator with auxiliary self-
contained air supply or an air-
storage receiver with alarm.
Not immediately dangerous to life Air-line respirator.
and health.
Hose mask without blower.
Air-purifying, half-mask or
mouthpiece respirator with chemical
cartridge.
Particulate contaminants Self-contained breathing apparatus.
immediately dangerous to life
and health.
Hose mask with blower.
Air-purifying, full facepiece
respirator with appropriate filter.
[[Page 195]]
Self-rescue mouthpiece respirator
(for escape only).
Combination air-line respirator with
auxiliary self-contained air supply
or an air-storage receiver with
alarm.
Not immediately dangerous to life Air-purifying, half-mask or
and health. mouthpiece respirator with filter
pad or cartridge.
Air-line respirator.
Air-line abrasive-blasting
respirator.
Hose-mask without blower.
Combination gas, vapor, and Self-contained breathing apparatus.
particulate contaminants
immediately dangerous to life
and health.
Hose mask with blower.
Air-purifying, full facepiece
respirator with chemical canister
and appropriate filter (gas mask
with filter).
Self-rescue mouthpiece respirator
(for escape only).
Combination air-line respirator with
auxiliary self-contained air supply
or an air-storage receiver with
alarm.
Not immediately dangerous to life Air-line respirator.
and health.
Hose mask without blower.
Air-purifying, half-mask or
mouthpiece respirator with chemical
cartridge and appropriate filter.
------------------------------------------------------------------------
Note: For the purpose of this part, immediately dangerous to life and
health is defined as a condition that either poses an immediate threat
to life and health or an immediate threat of severe exposure to
contaminants, such as radioactive materials, which are likely to have
adverse delayed effects on health.
(c) Selection, issuance, use and care of respirators. (1) Employees
required to use respiratory protective equipment approved for use in
atmospheres immediately dangerous to life shall be thoroughly trained in
its use. Employees required to use other types of respiratory protective
equipment shall be instructed in the use and limitations of such
equipment.
(2) Respiratory protective equipment shall be inspected regularly
and maintained in good condition. Gas mask canisters and chemical
cartridges shall be replaced as necessary so as to provide complete
protection. Mechanical filters shall be cleaned or replaced as necessary
so as to avoid undue resistance to breathing.
(3) Respiratory protective equipment which has been previously used
shall be cleaned and disinfected before it is issued by the employer to
another employee. Emergency rescue equipment shall be cleaned and
disinfected immediately after each use.
(d) Permissible practice. (1) In the control of those occupational
diseases caused by breathing air contaminated with harmful dusts, fogs,
fumes, mists, gases, smokes, sprays, or vapors, the primary objective
shall be to prevent atmospheric contamination. This shall be
accomplished as far as feasible by accepted engineering control measures
(for example, enclosure or confinement of the operation, general and
local ventilation, and substitution of less toxic materials). When
effective engineering controls are not feasible, or while they are being
instituted, appropriate respirators shall be used pursuant to the
following requirements.
(2) Respirators shall be provided by the employer when such
equipment is necessary to protect the health of the employee. The
employer shall provide the respirators which are applicable and suitable
for the purpose intended. The employer shall be responsible for the
establishment and maintenance of a respiratory protective program which
shall include the requirements outlined in paragraph (e) of this
section.
(3) The employee shall use the provided respiratory protection in
accordance with instructions and training received.
(e) Requirements for a minimal acceptable program. (1) Written
standard operating procedures governing the selection and use of
respirators shall be established.
(2) Respirators shall be selected on the basis of hazards to which
the worker is exposed.
(3) The user shall be instructed and trained in the proper use of
respirators and their limitations.
(4) [Reserved]
(5) Respirators shall be regularly cleaned and disinfected. Those
used by
[[Page 196]]
more than one worker shall be thoroughly cleaned and disinfected after
each use.
(6) Respirators shall be stored in a convenient, clean, and sanitary
location.
(7) Respirators used routinely shall be inspected during cleaning.
Worn or deteriorated parts shall be replaced. Respirators for emergency
use such as self-contained devices shall be thoroughly inspected at
least once a month and after each use.
(8) Appropriate surveillance of work area conditions and degree of
em- ployee exposure or stress shall be maintained.
(9) There shall be regular inspection and evaluation to determine
the continued effectiveness of the program.
(10) Persons should not be assigned to tasks requiring use of
respirators unless it has been determined that they are physically able
to perform the work and use the equipment. The local physician shall
determine what health and physical conditions are pertinent. The
respirator user's medical status should be reviewed periodically (for
instance, annually).
(11) Respirators shall be selected from among those jointly approved
by the Mine Safety and Health Administration and the National Institute
for Occupational Safety and Health under the provisions of 30 CFR part
11.
(f) Air quality. (1) Compressed air, compressed oxygen, liquid air,
and liquid oxygen used for respiration shall be of high purity. Oxygen
shall meet the requirements of the United States Pharmacopoeia for
medical or breathing oxygen. Breathing air shall meet at least the
requirements of the specification for Grade D breathing air as described
in Compressed Gas Association Commodity Specification G-7.1-1966.
Compressed oxygen shall not be used in supplied-air respirators or in
open circuit self-contained breathing apparatus that have previously
used compressed air. Oxygen must never be used with air line
respirators.
(2) Breathing air may be supplied to respirators from cylinders or
air compressors.
(i) Cylinders shall be tested and maintained as prescribed in the
Shipping Container Specification Regulations of the Department of
Transportation (49 CFR part 178).
(ii) The compressor for supplying air shall be equipped with
necessary safety and standby devices. A breathing air-type compressor
shall be used. Compressors shall be constructed and situated so as to
avoid entry of contaminated air into the system and suitable in-line air
purifying sorbent beds and filters installed to further assure breathing
air quality. A receiver of sufficient capacity to enable the respirator
wearer to escape from a contaminated atmosphere in event of compressor
failure, and alarms to indicate compressor failure and overheating shall
be installed in the system. If an oil-lubricated compressor is used, it
shall have a high-temperature or carbon monoxide alarm, or both. If only
a high-temperature alarm is used, the air from the compressor shall be
frequently tested for carbon monoxide to insure that it meets the
specifications in paragraph (f)(1) of this section.
(3) Air line couplings shall be incompatible with outlets for other
gas systems to prevent inadvertent servicing of air line respirators
with nonrespirable gases or oxygen.
(4) Breathing gas containers shall be marked in accordance with
American National Standard Method of Marking Portable Compressed Gas
Containers to Identify the Material Contained, Z48.1-1954; Federal
Specification BB-A-1034a, June 21, 1968, Air, Compressed for Breathing
Purposes; or Interim Federal Specification GG-B-00675b, April 27, 1965,
Breathing Apparatus, Self-Contained.
(g) Use of respirators. (1) Standard procedures shall be developed
for respirator use. These should include all information and guidance
necessary for their proper selection, use, and care. Possible emergency
and routine uses of respirators should be anticipated and planned for.
(2) The correct respirator shall be specified for each job. The
respirator type is usually specified in the work procedures by a
qualified individual supervising the respiratory protective program. The
individual issuing them shall be adequately instructed to insure that
the correct respirator is issued.
[[Page 197]]
(3) Written procedures shall be prepared covering safe use of
respirators in dangerous atmospheres that might be encountered in normal
operations or in emergencies. Personnel shall be familiar with these
procedures and the available respirators.
(i) In areas where the wearer, with failure of the respirator, could
be overcome by a toxic or oxygen-deficient atmosphere, at least one
additional man shall be present. Communications (visual, voice, or
signal line) shall be maintained between both or all individuals
present. Planning shall be such that one individual will be unaffected
by any likely incident and have the proper rescue equipment to be able
to assist the other(s) in case of emergency.
(ii) When self-contained breathing apparatus or hose masks with
blowers are used in atmospheres immediately dangerous to life or health,
standby men must be present with suitable rescue equipment.
(iii) Persons using air line respirators in atmospheres immediately
hazardous to life or health shall be equipped with safety harnesses and
safety lines for lifting or removing persons from hazardous atmospheres
or other and equivalent provisions for the rescue of persons from
hazardous atmospheres shall be used. A standby man or men with suitable
self-contained breathing apparatus shall be at the nearest fresh air
base for emergency rescue.
(4) Respiratory protection is no better than the respirator in use,
even though it is worn conscientiously. Frequent random inspections
shall be conducted by a qualified individual to assure that respirators
are properly selected, used, cleaned, and maintained.
(5) For safe use of any respirator, it is essential that the user be
properly instructed in its selection, use, and maintenance. Both
supervisors and workers shall be so instructed by competent persons.
Training shall provide the men an opportunity to handle the respirator,
have it fitted properly, test its face-piece-to-face seal, wear it in
normal air for a long familiarity period, and, finally, to wear it in a
test atmosphere.
(i) Every respirator wearer shall receive fitting instructions
including demonstrations and practice in how the respirator should be
worn, how to adjust it, and how to determine if it fits properly.
Respirators shall not be worn when conditions prevent a good face seal.
Such conditions may be a growth of beard, sideburns, a skull cap that
projects under the facepiece, or temple pieces on glasses. Also, the
absence of one or both dentures can seriously affect the fit of a
facepiece. The worker's diligence in observing these factors shall be
evaluated by periodic check. To assure proper protection, the facepiece
fit shall be checked by the wearer each time he puts on the respirator.
This may be done by following the manufacturer's facepiece fitting
instructions.
(ii) Providing respiratory protection for individuals wearing
corrective glasses is a serious problem. A proper seal cannot be
established if the temple bars of eye glasses extend through the sealing
edge of the full facepiece. As a temporary measure, glasses with short
temple bars or without temple bars may be taped to the wearer's head.
Wearing of contact lenses in contaminated atmospheres with a respirator
shall not be allowed. Systems have been developed for mounting
corrective lenses inside full facepieces. When a workman must wear
corrective lenses as part of the facepiece, the facepiece and lenses
shall be fitted by qualified individuals to provide good vision,
comfort, and a gas-tight seal.
(iii) If corrective spectacles or goggles are required, they shall
be worn so as not to affect the fit of the facepiece. Proper selection
of equipment will minimize or avoid this problem.
(h) Maintenance and care of respirators. (1) A program for
maintenance and care of respirators shall be adjusted to the type of
plant, working conditions, and hazards involved, and shall include the
following basic services:
(i) Inspection for defects (including a leak check),
(ii) Cleaning and disinfecting,
(iii) Repair,
(iv) Storage
Equipment shall be properly maintained to retain its original
effectiveness.
(2) (i) All respirators shall be inspected routinely before and
after each
[[Page 198]]
use. A respirator that is not routinely used but is kept ready for
emergency use shall be inspected after each use and at least monthly to
assure that it is in satisfactory working condition.
(ii) Self-contained breathing apparatus shall be inspected monthly.
Air and oxygen cylinders shall be fully charged according to the
manufacturer's instructions. It shall be determined that the regulator
and warning devices function properly.
(iii) Respirator inspection shall include a check of the tightness
of connections and the condition of the facepiece, headbands, valves,
connecting tube, and canisters. Rubber or elastomer parts shall be
inspected for pliability and signs of deterioration. Stretching and
manipulating rubber or elastomer parts with a massaging action will keep
them pliable and flexible and prevent them from taking a set during
storage.
(iv) A record shall be kept of inspection dates and findings for
respirators maintained for emergency use.
(3) Routinely used respirators shall be collected, cleaned, and
disinfected as frequently as necessary to insure that proper protection
is provided for the wearer. Respirators maintained for emergency use
shall be cleaned and disinfected after each use.
(4) Replacement or repairs shall be done only by experienced persons
with parts designed for the respirator. No attempt shall be made to
replace components or to make adjustment or repairs beyond the
manufacturer's recommendations. Reducing or admission valves or
regulators shall be returned to the manufacturer or to a trained
technician for adjustment or repair.
(5) (i) After inspection, cleaning, and necessary repair,
respirators shall be stored to protect against dust, sunlight, heat,
extreme cold, excessive moisture, or damaging chemicals. Respirators
placed at stations and work areas for emergency use should be quickly
accessible at all times and should be stored in compartments built for
the purpose. The compartments should be clearly marked. Routinely used
respirators, such as dust respirators, may be placed in plastic bags.
Respirators should not be stored in such places as lockers or tool boxes
unless they are in carrying cases or cartons.
(ii) Respirators should be packed or stored so that the facepiece
and exhalation valve will rest in a normal position and function will
not be impaired by the elastomer setting in an abnormal position.
(iii) Instructions for proper storage of emergency respirators, such
as gas masks and self-contained breathing apparatus, are found in ``use
and care'' instructions usually mounted inside the carrying case lid.
(i) Identification of gas mask canisters. (1) The primary means of
identifying a gas mask canister shall be by means of properly worded
labels. The secondary means of identifying a gas mask canister shall be
by a color code.
(2) All who issue or use gas masks falling within the scope of this
section shall see that all gas mask canisters purchased or used by them
are properly labeled and colored in accordance with these requirements
before they are placed in service and that the labels and colors are
properly maintained at all times thereafter until the canisters have
completely served their purpose.
(3) On each canister shall appear in bold letters the following:
(i)--
Canister for ______________
(Name for atmospheric contaminant)
or
Type N Gas Mask Canister
(ii) In addition, essentially the following wording shall appear
beneath the appropriate phrase on the canister label: ``For respiratory
protection in atmospheres containing not more than ____________ percent
by volume of ________________________.''
(Name of atmospheric contaminant)
(4) Canisters having a special high- efficiency filter for
protection against radionuclides and other highly toxic particulates
shall be labeled with a statement of the type and degree of protection
afforded by the filter. The label shall be affixed to the neck end of,
or to the gray stripe which is around and near the top of, the canister.
The degree of protection shall be marked as the percent of penetration
[[Page 199]]
of the canister by a 0.3-micron-diameter dioctyl phthalate (DOP) smoke
at a flow rate of 85 liters per minute.
(5) Each canister shall have a label warning that gas masks should
be used only in atmospheres containing sufficient oxygen to support life
(at least 16 percent by volume), since gas mask canisters are only
designed to neutralize or remove contaminants from the air.
(6) Each gas mask canister shall be painted a distinctive color or
combination of colors indicated in Table E-5. All colors used shall be
such that they are clearly identifiable by the user and clearly
distinguishable from one another. The color coating used shall offer a
high degree of resistance to chipping, scaling, peeling, blistering,
fading, and the effects of the ordinary atmospheres to which they may be
exposed under normal conditions of storage and use. Appropriately
colored pressure sensitive tape may be used for the stripes.
Table E-5
------------------------------------------------------------------------
Atmospheric contaminants to be
protected against Colors assigned\1\
------------------------------------------------------------------------
Acid gases............................. White.
Hydrocyanic acid gas................... White with \1/2\-inch green
stripe completely around the
canister near the bottom.
Chlorine gas........................... White with \1/2\-inch yellow
stripe completely around the
canister near the bottom.
Organic vapors......................... Black.
Ammonia gas............................ Green.
Acid gases and ammonia gas............. Green with \1/2\-inch white
stripe completely around the
canister near the bottom.
Carbon monoxide........................ Blue.
Acid gases and organic vapors.......... Yellow.
Hydrocyanic acid gas and chloropicrin Yellow with \1/2\-inch blue
vapor. stripe completely around the
canister near the bottom.
Acid gases, organic vapors, and ammonia Brown.
gases.
Radioactive materials, excepting Purple (Magenta).
tritium and noble gases.
Particulates (dusts, fumes, mists, Canister color for contaminant,
fogs, or smokes) in combination with as designated above, with \1/
any of the above gases or vapors. 2\-inch gray stripe completely
around the canister near the
top.
All of the above atmospheric Red with \1/2\-inch gray stripe
contaminants. completely around the canister
near the top.
------------------------------------------------------------------------
\1\Gray shall not be assigned as the main color for a canister designed
to remove acids or vapors.
Note: Orange shall be used as a complete body, or stripe color to
represent gases not included in this table. The user will need to
refer to the canister label to determine the degree of protection the
canister will afford.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 61
FR 5510, Feb. 13, 1996; 61 FR 9250, Mar. 7, 1996]
Sec. 1926.104 Safety belts, lifelines, and lanyards.
(a) Lifelines, safety belts, and lanyards shall be used only for
employee safeguarding. Any lifeline, safety belt, or lanyard actually
subjected to in-service loading, as distinguished from static load
testing, shall be immediately removed from service and shall not be used
again for employee safeguarding.
(b) Lifelines shall be secured above the point of operation to an
anchorage or structural member capable of supporting a minimum dead
weight of 5,400 pounds.
(c) Lifelines used on rock-scaling operations, or in areas where the
lifeline may be subjected to cutting or abrasion, shall be a minimum of
\7/8\-inch wire core manila rope. For all other lifeline applications, a
minimum of \3/4\-inch manila or equivalent, with a minimum breaking
strength of 5,400 pounds, shall be used.
(d) Safety belt lanyard shall be a minimum of \1/2\-inch nylon, or
equivalent, with a maximum length to provide for a fall of no greater
than 6 feet. The rope shall have a nominal breaking strength of 5,400
pounds.
(e) All safety belt and lanyard hardware shall be drop forged or
pressed steel, cadmium plated in accordance with type 1, Class B plating
specified in Federal Specification QQ-P-416. Surface shall be smooth and
free of sharp edges.
(f) All safety belt and lanyard hardware, except rivets, shall be
capable of withstanding a tensile loading of 4,000
[[Page 200]]
pounds without cracking, breaking, or taking a permanent deformation.
Sec. 1926.105 Safety nets.
(a) Safety nets shall be provided when workplaces are more than 25
feet above the ground or water surface, or other surfaces where the use
of ladders, scaffolds, catch platforms, temporary floors, safety lines,
or safety belts is impractical.
(b) Where safety net protection is required by this part, operations
shall not be undertaken until the net is in place and has been tested.
(c)(1) Nets shall extend 8 feet beyond the edge of the work surface
where employees are exposed and shall be installed as close under the
work surface as practical but in no case more than 25 feet below such
work surface. Nets shall be hung with sufficient clearance to prevent
user's contact with the surfaces or structures below. Such clearances
shall be determined by impact load testing.
(2) It is intended that only one level of nets be required for
bridge construction.
(d) The mesh size of nets shall not exceed 6 inches by 6 inches. All
new nets shall meet accepted performance standards of 17,500 foot-pounds
minimum impact resistance as determined and certified by the
manufacturers, and shall bear a label of proof test. Edge ropes shall
provide a minimum breaking strength of 5,000 pounds.
(e) Forged steel safety hooks or shackles shall be used to fasten
the net to its supports.
(f) Connections between net panels shall develop the full strength
of the net.
Sec. 1926.106 Working over or near water.
(a) Employees working over or near water, where the danger of
drowning exists, shall be provided with U.S. Coast Guard-approved life
jacket or buoyant work vests.
(b) Prior to and after each use, the buoyant work vests or life
preservers shall be inspected for defects which would alter their
strength or buoyancy. Defective units shall not be used.
(c) Ring buoys with at least 90 feet of line shall be provided and
readily available for emergency rescue operations. Distance between ring
buoys shall not exceed 200 feet.
(d) At least one lifesaving skiff shall be immediately available at
locations where employees are working over or adjacent to water.
Sec. 1926.107 Definitions applicable to this subpart.
(a) Contaminant means any material which by reason of its action
upon, within, or to a person is likely to cause physical harm.
(b) Lanyard means a rope, suitable for supporting one person. One
end is fastened to a safety belt or harness and the other end is secured
to a substantial object or a safety line.
(c) Lifeline means a rope, suitable for supporting one person, to
which a lanyard or safety belt (or harness) is attached.
(d) O.D. means optical density and refers to the light refractive
characteristics of a lens.
(e) Radiant energy means energy that travels outward in all
directions from its sources.
(f) Safety belt means a device, usually worn around the waist which,
by reason of its attachment to a lanyard and lifeline or a structure,
will prevent a worker from falling.
[44 FR 8577, Feb. 9, 1979]
Subpart F--Fire Protection and Prevention
Authority: Sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR
35736), as applicable.
Sec. 1926.150 Fire protection.
(a) General requirements. (1) The employer shall be responsible for
the development of a fire protection program to be followed throughout
all phases of the construction and demolition work, and he shall provide
for the firefighting equipment as specified in this subpart. As fire
hazards occur, there shall be no delay in providing the necessary
equipment.
[[Page 201]]
(2) Access to all available firefighting equipment shall be
maintained at all times.
(3) All firefighting equipment, provided by the employer, shall be
conspicuously located.
(4) All firefighting equipment shall be periodically inspected and
maintained in operating condition. Defective equipment shall be
immediately replaced.
(5) As warranted by the project, the employer shall provide a
trained and equipped firefighting organization (Fire Brigade) to assure
adequate protection to life.
(b) Water supply. (1) A temporary or permanent water supply, of
sufficient volume, duration, and pressure, required to properly operate
the firefighting equipment shall be made available as soon as
combustible materials accumulate.
(2) Where underground water mains are to be provided, they shall be
installed, completed, and made available for use as soon as practicable.
(c) Portable firefighting equipment-- (1) Fire extinguishers and
small hose lines. (i) A fire extinguisher, rated not less than 2A, shall
be provided for each 3,000 square feet of the protected building area,
or major fraction thereof. Travel distance from any point of the
protected area to the nearest fire extinguisher shall not exceed 100
feet.
(ii) One 55-gallon open drum of water with two fire pails may be
substituted for a fire extinguisher having a 2A rating.
(iii) A \1/2\-inch diameter garden-type hose line, not to exceed 100
feet in length and equipped with a nozzle, may be substituted for a 2A-
rated fire extinguisher, providing it is capable of discharging a
minimum of 5 gallons per minute with a minimum hose stream range of 30
feet horizontally. The garden-type hose lines shall be mounted on
conventional racks or reels. The number and location of hose racks or
reels shall be such that at least one hose stream can be applied to all
points in the area.
(iv) One or more fire extinguishers, rated not less than 2A, shall
be provided on each floor. In multistory buildings, at least one fire
extinguisher shall be located adjacent to stairway.
(v) Extinguishers and water drums, subject to freezing, shall be
protected from freezing.
(vi) A fire extinguisher, rated not less than 10B, shall be provided
within 50 feet of wherever more than 5 gallons of flammable or
combustible liquids or 5 pounds of flammable gas are being used on the
jobsite. This requirement does not apply to the integral fuel tanks of
motor vehicles.
(vii) Carbon tetrachloride and other toxic vaporizing liquid fire
extinguishers are prohibited.
(viii) Portable fire extinguishers shall be inspected periodically
and maintained in accordance with Maintenance and Use of Portable Fire
Extinguishers, NFPA No. 10A-1970.
(ix) Fire extinguishers which have been listed or approved by a
nationally recognized testing laboratory, shall be used to meet the
requirements of this subpart.
(x) Table F-1 may be used as a guide for selecting the appropriate
portable fire extinguishers.
[[Page 202]]
[GRAPHIC] [TIFF OMITTED] TC30OC91.012
(2) Fire hose and connections. (i) One hundred feet, or less, of
1\1/2\-inch hose, with a nozzle capable of discharging water at 25
gallons or more per minute, may be substituted for a fire extinguisher
rated not more than 2A in the designated area provided that the hose
line can reach all points in the area.
(ii) If fire hose connections are not compatible with local
firefighting equipment, the contractor shall provide adapters, or
equivalent, to permit connections.
(iii) During demolition involving combustible materials, charged
hose lines, supplied by hydrants, water tank trucks with pumps, or
equivalent, shall be made available.
(d) Fixed firefighting equipment--(1) Sprinkler protection. (i) If
the facility being constructed includes the installation of automatic
sprinkler protection, the installation shall closely follow the
construction and be placed in service as soon as applicable laws permit
following completion of each story.
(ii) During demolition or alterations, existing automatic sprinkler
installations shall be retained in service as long as reasonable. The
operation of sprinkler control valves shall be permitted only by
properly authorized persons. Modification of sprinkler systems to permit
alterations or additional demolition should be expedited so that the
automatic protection may be returned to service as quickly as possible.
Sprinkler control valves shall be checked daily at close of work to
ascertain that the protection is in service.
(2) Standpipes. In all structures in which standpipes are required,
or where standpipes exist in structures being altered, they shall be
brought up as soon as applicable laws permit, and shall be maintained as
construction progresses in such a manner that they are always ready for
fire protection use. The standpipes shall be provided with Siamese fire
department connections on the outside of the structure, at the street
level, which shall be conspicuously marked. There shall be at least one
standard hose outlet at each floor.
(e) Fire alarm devices. (1) An alarm system, e.g., telephone system,
siren, etc., shall be established by the employer whereby employees on
the site and the local fire department can be alerted for an emergency.
[[Page 203]]
(2) The alarm code and reporting instructions shall be conspicuously
posted at phones and at employee entrances.
(f) Fire cutoffs. (1) Fire walls and exit stairways, required for
the completed buildings, shall be given construction priority. Fire
doors, with automatic closing devices, shall be hung on openings as soon
as practicable.
(2) Fire cutoffs shall be retained in buildings undergoing
alterations or demolition until operations necessitate their removal.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35162, June 30, 1993; 61 FR 31432, June 20, 1996]
Sec. 1926.151 Fire prevention.
(a) Ignition hazards. (1) Electrical wiring and equipment for light,
heat, or power purposes shall be installed in compliance with the
requirements of subpart K of this part.
(2) Internal combustion engine powered equipment shall be so located
that the exhausts are well away from combustible materials. When the
exhausts are piped to outside the building under construction, a
clearance of at least 6 inches shall be maintained between such piping
and combustible material.
(3) Smoking shall be prohibited at or in the vicinity of operations
which constitute a fire hazard, and shall be conspicuously posted: ``No
Smoking or Open Flame.''
(4) Portable battery powered lighting equipment, used in connection
with the storage, handling, or use of flammable gases or liquids, shall
be of the type approved for the hazardous locations.
(5) The nozzle of air, inert gas, and steam lines or hoses, when
used in the cleaning or ventilation of tanks and vessels that contain
hazardous concentrations of flammable gases or vapors, shall be bonded
to the tank or vessel shell. Bonding devices shall not be attached or
detached in hazardous concentrations of flammable gases or vapors.
(b) Temporary buildings. (1) No temporary building shall be erected
where it will adversely affect any means of exit.
(2) Temporary buildings, when located within another building or
structure, shall be of either noncombustible construction or of
combustible construction having a fire resistance of not less than 1
hour.
(3) Temporary buildings, located other than inside another building
and not used for the storage, handling, or use of flammable or
combustible liquids, flammable gases, explosives, or blasting agents, or
similar hazardous occupancies, shall be located at a distance of not
less than 10 feet from another building or structure. Groups of
temporary buildings, not exceeding 2,000 square feet in aggregate,
shall, for the purposes of this part, be considered a single temporary
building.
(c) Open yard storage. (1) Combustible materials shall be piled with
due regard to the stability of piles and in no case higher than 20 feet.
(2) Driveways between and around combustible storage piles shall be
at least 15 feet wide and maintained free from accumulation of rubbish,
equipment, or other articles or materials. Driveways shall be so spaced
that a maximum grid system unit of 50 feet by 150 feet is produced.
(3) The entire storage site shall be kept free from accumulation of
unnecessary combustible materials. Weeds and grass shall be kept down
and a regular procedure provided for the periodic cleanup of the entire
area.
(4) When there is a danger of an underground fire, that land shall
not be used for combustible or flammable storage.
(5) Method of piling shall be solid wherever possible and in orderly
and regular piles. No combustible material shall be stored outdoors
within 10 feet of a building or structure.
(6) Portable fire extinguishing equipment, suitable for the fire
hazard involved, shall be provided at convenient, conspicuously
accessible locations in the yard area. Portable fire extinguishers,
rated not less than 2A, shall be placed so that maximum travel distance
to the nearest unit shall not exceed 100 feet.
(d) Indoor storage. (1) Storage shall not obstruct, or adversely
affect, means of exit.
(2) All materials shall be stored, handled, and piled with due
regard to their fire characteristics.
[[Page 204]]
(3) Noncompatible materials, which may create a fire hazard, shall
be segregated by a barrier having a fire resistance of at least 1 hour.
(4) Material shall be piled to minimize the spread of fire
internally and to permit convenient access for firefighting. Stable
piling shall be maintained at all times. Aisle space shall be maintained
to safely accommodate the widest vehicle that may be used within the
building for firefighting purposes.
(5) Clearance of at least 36 inches shall be maintained between the
top level of the stored material and the sprinkler deflectors.
(6) Clearance shall be maintained around lights and heating units to
prevent ignition of combustible materials.
(7) A clearance of 24 inches shall be maintained around the path of
travel of fire doors unless a barricade is provided, in which case no
clearance is needed. Material shall not be stored within 36 inches of a
fire door opening.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 51
FR 25318, July 11, 1986]
Sec. 1926.152 Flammable and combustible liquids.
(a) General requirements. (1) Only approved containers and portable
tanks shall be used for storage and handling of flammable and
combustible liquids. Approved metal safety cans shall be used for the
handling and use of flammable liquids in quantities greater than one
gallon, except that this shall not apply to those flammable liquid
materials which are highly viscid (extremely hard to pour), which may be
used and handled in original shipping containers. For quantities of one
gallon or less, only the original container or approved metal safety
cans shall be used for storage, use, and handling of flammable liquids.
(2) Flammable or combustible liquids shall not be stored in areas
used for exits, stairways, or normally used for the safe passage of
people.
(b) Indoor storage of flammable and combustible liquids. (1) No more
than 25 gallons of flammable or combustible liquids shall be stored in a
room outside of an approved storage cabinet. For storage of liquefied
petroleum gas, see Sec. 1926.153.
(2) Quantities of flammable and combustible liquid in excess of 25
gallons shall be stored in an acceptable or approved cabinet meeting the
following requirements:
(i) Acceptable wooden storage cabinets shall be constructed in the
following manner, or equivalent: The bottom, sides, and top shall be
constructed of an exterior grade of plywood at least 1 inch in
thickness, which shall not break down or delaminate under standard fire
test conditions. All joints shall be rabbeted and shall be fastened in
two directions with flathead wood screws. When more than one door is
used, there shall be a rabbeted overlap of not less than 1 inch. Steel
hinges shall be mounted in such a manner as to not lose their holding
capacity due to loosening or burning out of the screws when subjected to
fire. Such cabinets shall be painted inside and out with fire retardant
paint.
(ii) Approved metal storage cabinets will be acceptable.
(iii) Cabinets shall be labeled in conspicuous lettering,
``Flammable--Keep Fire Away.''
(3) Not more than 60 gallons of flammable or 120 gallons of
combustible liquids shall be stored in any one storage cabinet. Not more
than three such cabinets may be located in a single storage area.
Quantities in excess of this shall be stored in an inside storage room.
(4)(i) Inside storage rooms shall be constructed to meet the
required fire-resistive rating for their use. Such construction shall
comply with the test specifications set forth in Standard Methods of
Fire Test of Building Construction and Material, NFPA 251-1969.
(ii) Where an automatic extinguishing system is provided, the system
shall be designed and installed in an approved manner. Openings to other
rooms or buildings shall be provided with noncombustible liquid-tight
raised sills or ramps at least 4 inches in height, or the floor in the
storage area shall be at least 4 inches below the surrounding floor.
Openings shall be provided with approved self-closing fire doors. The
room shall be liquid-tight where the walls join the floor. A permissible
alternate to the sill or ramp is an open-grated trench, inside of the
[[Page 205]]
room, which drains to a safe location. Where other portions of the
building or other buildings are exposed, windows shall be protected as
set forth in the Standard for Fire Doors and Windows, NFPA No. 80-1970,
for Class E or F openings. Wood of at least 1-inch nominal thickness may
be used for shelving, racks, dunnage, scuffboards, floor overlay, and
similar installations.
(iii) Materials which will react with water and create a fire hazard
shall not be stored in the same room with flammable or combustible
liquids.
(iv) Storage in inside storage rooms shall comply with Table F-2
following:
Table F-2
----------------------------------------------------------------------------------------------------------------
Total
allowable
quantities
Fire protection provided Fire resistance Maximum size gals./sq.
ft./floor
area
----------------------------------------------------------------------------------------------------------------
Yes...................................... 2 hrs....................... 500 sq. ft................. 10
No....................................... 2 hrs....................... 500 sq. ft................. 4
Yes...................................... 1 hr........................ 150 sq. ft................. 5
No....................................... 1 hr........................ 150 sq. ft................. 2
----------------------------------------------------------------------------------------------------------------
Note: Fire protection system shall be sprinkler, water spray, carbon dioxide or other system approved by a
nationally recognized testing laboratory for this purpose.
(v) Electrical wiring and equipment located in inside storage rooms
shall be approved for Class I, Division 1, Hazardous Locations. For
definition of Class I, Division 1, Hazardous Locations, see
Sec. 1926.449.
(vi) Every inside storage room shall be provided with either a
gravity or a mechanical exhausting system. Such system shall commence
not more than 12 inches above the floor and be designed to provide for a
complete change of air within the room at least 6 times per hour. If a
mechanical exhausting system is used, it shall be controlled by a switch
located outside of the door. The ventilating equipment and any lighting
fixtures shall be operated by the same switch. An electric pilot light
shall be installed adjacent to the switch if flammable liquids are
dispensed within the room. Where gravity ventilation is provided, the
fresh air intake, as well as the exhausting outlet from the room, shall
be on the exterior of the building in which the room is located.
(vii) In every inside storage room there shall be maintained one
clear aisle at least 3 feet wide. Containers over 30 gallons capacity
shall not be stacked one upon the other.
(viii) Flammable and combustible liquids in excess of that permitted
in inside storage rooms shall be stored outside of buildings in
accordance with paragraph (c) of this section.
(5) Quantity. The quantity of flammable or combustible liquids kept
in the vicinity of spraying operations shall be the minimum required for
operations and should ordinarily not exceed a supply for 1 day or one
shift. Bulk storage of portable containers of flammable or combustible
liquids shall be in a separate, constructed building detached from other
important buildings or cut off in a standard manner.
(c) Storage outside buildings. (1) Storage of containers (not more
than 60 gallons each) shall not exceed 1,100 gallons in any one pile or
area. Piles or groups of containers shall be separated by a 5-foot
clearance. Piles or groups of containers shall not be nearer than 20
feet to a building.
(2) Within 200 feet of each pile of containers, there shall be a 12-
foot-wide access way to permit approach of fire control apparatus.
(3) The storage area shall be graded in a manner to divert possible
spills away from buildings or other exposures, or shall be surrounded by
a curb or earth dike at least 12 inches high. When curbs or dikes are
used, provisions shall be made for draining off accumulations of ground
or rain water, or spills of flammable or combustible liquids. Drains
shall terminate at a safe location and shall be accessible to operation
under fire conditions.
(4) Outdoor portable tank storage: (i) Portable tanks shall not be
nearer than 20 feet from any building. Two or more portable tanks,
grouped together, having a combined capacity in excess of 2,200 gallons,
shall be separated by a 5-foot-clear area. Individual portable tanks
exceeding 1,100 gallons shall be separated by a 5-foot-clear area.
(ii) Within 200 feet of each portable tank, there shall be a 12-
foot-wide access way to permit approach of fire control apparatus.
(5) Storage areas shall be kept free of weeds, debris, and other
combustible material not necessary to the storage.
[[Page 206]]
(6) Portable tanks, not exceeding 660 gallons, shall be provided
with emergency venting and other devices, as required by chapters III
and IV of NFPA 30-1969, The Flammable and Combustible Liquids Code.
(7) Portable tanks, in excess of 660 gallons, shall have emergency
venting and other devices, as required by chapters II and III of The
Flammable and Combustible Liquids Code, NFPA 30-1969.
(d) Fire control for flammable or combustible liquid storage. (1) At
least one portable fire extinguisher, having a rating of not less than
20-B units, shall be located outside of, but not more than 10 feet from,
the door opening into any room used for storage of more than 60 gallons
of flammable or combustible liquids.
(2) At least one portable fire extinguisher having a rating of not
less than 20-B units shall be located not less than 25 feet, nor more
than 75 feet, from any flammable liquid storage area located outside.
(3) When sprinklers are provided, they shall be installed in
accordance with the Standard for the Installation of Sprinkler Systems,
NFPA 13-1969.
(4) At least one portable fire extinguisher having a rating of not
less than 20-B:C units shall be provided on all tank trucks or other
vehicles used for transporting and/or dispensing flammable or
combustible liquids.
(e) Dispensing liquids. (1) Areas in which flammable or combustible
liquids are transferred at one time, in quantities greater than 5
gallons from one tank or container to another tank or container, shall
be separated from other operations by 25-feet distance or by
construction having a fire resistance of at least 1 hour. Drainage or
other means shall be provided to control spills. Adequate natural or
mechanical ventilation shall be provided to maintain the concentration
of flammable vapor at or below 10 percent of the lower flammable limit.
(2) Transfer of flammable liquids from one container to another
shall be done only when containers are electrically interconnected
(bonded).
(3) Flammable or combustible liquids shall be drawn from or
transferred into vessels, containers, or tanks within a building or
outside only through a closed piping system, from safety cans, by means
of a device drawing through the top, or from a container, or portable
tanks, by gravity or pump, through an approved self-closing valve.
Transferring by means of air pressure on the container or portable tanks
is prohibited.
(4) The dispensing units shall be protected against collision
damage.
(5) Dispensing devices and nozzles for flammable liquids shall be of
an approved type.
(f) Handling liquids at point of final use. (1) Flammable liquids
shall be kept in closed containers when not actually in use.
(2) Leakage or spillage of flammable or combustible liquids shall be
disposed of promptly and safely.
(3) Flammable liquids may be used only where there are no open
flames or other sources of ignition within 50 feet of the operation,
unless conditions warrant greater clearance.
(g) Service and refueling areas. (1) Flammable or combustible
liquids shall be stored in approved closed containers, in tanks located
underground, or in aboveground portable tanks.
(2) The tank trucks shall comply with the requirements covered in
the Standard for Tank Vehicles for Flammable and Combustible Liquids,
NFPA No. 385-1966.
(3) The dispensing hose shall be an approved type.
(4) The dispensing nozzle shall be an approved automatic-closing
type without a latch-open device.
(5) Underground tanks shall not be abandoned.
(6) Clearly identified and easily accessible switch(es) shall be
provided at a location remote from dispensing devices to shut off the
power to all dispensing devices in the event of an emergency.
(7)(i) Heating equipment of an approved type may be installed in the
lubrication or service area where there is no dispensing or transferring
of flammable liquids, provided the bottom of the heating unit is at
least 18 inches above the floor and is protected from physical damage.
(ii) Heating equipment installed in lubrication or service areas,
where
[[Page 207]]
flammable liquids are dispensed, shall be of an approved type for
garages, and shall be installed at least 8 feet above the floor.
(8) There shall be no smoking or open flames in the areas used for
fueling, servicing fuel systems for internal combustion engines,
receiving or dispensing of flammable or combustible liquids.
(9) Conspicuous and legible signs prohibiting smoking shall be
posted.
(10) The motors of all equipment being fueled shall be shut off
during the fueling operation.
(11) Each service or fueling area shall be provided with at least
one fire extinguisher having a rating of not less than 20-B:C located so
that an extinguisher will be within 75 feet of each pump, dispenser,
underground fill pipe opening, and lubrication or service area.
(h) Scope. This section applies to the handling, storage, and use of
flammable and combustible liquids with a flashpoint below 200 deg. F
(93.33 deg. C). This section does not apply to:
(1) Bulk transportation of flammable and combustible liquids; and
(2) Storage, handling, and use of fuel oil tanks and containers
connected with oil burning equipment.
(i) Tank storage--(1) Design and construction of tanks--(i)
Materials. (A) Tanks shall be built of steel except as provided in
paragraphs (i)(1)(i) (B) through (E) of this section.
(B) Tanks may be built of materials other than steel for
installation underground or if required by the properties of the liquid
stored. Tanks located above ground or inside buildings shall be of
noncombustible construction.
(C) Tanks built of materials other than steel shall be designed to
specifications embodying principles recognized as good engineering
design for the material used.
(D) Unlined concrete tanks may be used for storing flammable or
combustible liquids having a gravity of 40 deg. API or heavier. Concrete
tanks with special lining may be used for other services provided the
design is in accordance with sound engineering practice.
(E) [Reserved]
(F) Special engineering consideration shall be required if the
specific gravity of the liquid to be stored exceeds that of water or if
the tanks are designed to contain flammable or combustible liquids at a
liquid temperature below 0 deg.F.
(ii) Fabrication. (A) [Reserved]
(B) Metal tanks shall be welded, riveted, and caulked, brazed, or
bolted, or constructed by use of a combination of these methods. Filler
metal used in brazing shall be nonferrous metal or an alloy having a
melting point above 1000 deg. F. and below that of the metal joined.
(iii) Atmospheric tanks. (A) Atmospheric tanks shall be built in
accordance with acceptable good standards of design. Atmospheric tanks
may be built in accordance with:
(1) Underwriters' Laboratories, Inc., Subjects No. 142, Standard for
Steel Aboveground Tanks for Flammable and Combustible Liquids, 1968; No.
58, Standard for Steel Underground Tanks for Flammable and Combustible
Liquids, Fifth Edition, December 1961; or No. 80, Standard for Steel
Inside Tanks for Oil-Burner Fuel, September 1963.
(2) American Petroleum Institute Standards No. 12A, Specification
for Oil Storage Tanks with Riveted Shells, Seventh Edition, September
1951, or No. 650, Welded Steel Tanks for Oil Storage, Third Edition,
1966.
(3) American Petroleum Institute Standards No. 12B, Specification
for Bolted Production Tanks, Eleventh Edition, May 1958, and Supplement
1, March 1962; No. 12D, Specification for Large Welded Production Tanks,
Seventh Edition, August 1957; or No. 12F, Specification for Small Welded
Production Tanks, Fifth Edition, March 1961. Tanks built in accordance
with these standards shall be used only as production tanks for storage
of crude petroleum in oil-producing areas.
(B) Tanks designed for underground service not exceeding 2,500
gallons (9,462.5 L) capacity may be used aboveground.
(C) Low-pressure tanks and pressure vessels may be used as
atmospheric tanks.
(D) Atmospheric tanks shall not be used for the storage of a
flammable or combustible liquid at a temperature at or above its boiling
point.
(iv) Low pressure tanks. (A) The normal operating pressure of the
tank
[[Page 208]]
shall not exceed the design pressure of the tank.
(B) Low-pressure tanks shall be built in accordance with acceptable
standards of design. Low-pressure tanks may be built in accordance with:
(1) American Petroleum Institute Standard No. 620. Recommended Rules
for the Design and Construction of Large, Welded, Low-Pressure Storage
Tanks, Third Edition, 1966.
(2) The principles of the Code for Unfired Pressure Vessels, Section
VIII of the ASME Boiler and Pressure Vessels Code, 1968.
(C) Atmospheric tanks built according to Underwriters' Laboratories,
Inc., requirements in paragraph (i)(1)(iii)(A) of this section and shall
be limited to 2.5 p.s.i.g. under emergency venting conditions.
This paragraph may be used for operating pressures not exceeding 1
p.s.i.g.
(D) Pressure vessels may be used as low-pressure tanks.
(v) Pressure vessels. (A) The normal operating pressure of the
vessel shall not exceed the design pressure of the vessel.
(B) Pressure vessels shall be built in accordance with the Code for
Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure
Vessel Code 1968.
(vi) Provisions for internal corrosion. When tanks are not designed
in accordance with the American Petroleum Institute, American Society of
Mechanical Engineers, or the Underwriters' Laboratories, Inc.'s,
standards, or if corrosion is anticipated beyond that provided for in
the design formulas used, additional metal thickness or suitable
protective coatings or linings shall be provided to compensate for the
corrosion loss expected during the design life of the tank.
(2) Installation of outside aboveground tanks. (i) [Reserved]
(ii) Spacing (shell-to-shell) between aboveground tanks. (A) The
distance between any two flammable or combustible liquid storage tanks
shall not be less than 3 feet (0.912 m).
(B) Except as provided in paragraph (i)(2)(ii)(C) of this section,
the distance between any two adjacent tanks shall not be less than one-
sixth the sum of their diameters. When the diameter of one tank is less
than one-half the diameter of the adjacent tank, the distance between
the two tanks shall not be less than one-half the diameter of the
smaller tank.
(C) Where crude petroleum in conjunction with production facilities
are located in noncongested areas and have capacities not exceeding
126,000 gallons (3,000 barrels), the distance between such tanks shall
not be less than 3 feet (0.912 m).
(D) Where unstable flammable or combustible liquids are stored, the
distance between such tanks shall not be less than one-half the sum of
their diameters.
(E) When tanks are compacted in three or more rows or in an
irregular pattern, greater spacing or other means shall be provided so
that inside tanks are accessible for firefighting purposes.
(F) The minimum separation between a liquefied petroleum gas
container and a flammable or combustible liquid storage tank shall be 20
feet (6.08 m), except in the case of flammable or combustible liquid
tanks operating at pressures exceeding 2.5 p.s.i.g. or equipped with
emergency venting which will permit pressures to exceed 2.5 p.s.i.g. in
which case the provisions of paragraphs (i)(2)(ii) (A) and (B) of this
section shall apply. Suitable means shall be taken to prevent the
accumulation of flammable or combustible liquids under adjacent
liquefied petroleum gas containers such as by diversion curbs or
grading. When flammable or combustible liquid storage tanks are within a
diked area, the liquefied petroleum gas containers shall be outside the
diked area and at least 10 feet (3.04 m) away from the centerline of the
wall of the diked area. The foregoing provisions shall not apply when
liquefied petroleum gas containers of 125 gallons (473.125 L) or less
capacity are installed adjacent to fuel oil supply tanks of 550 gallons
(2,081.75 L) or less capacity.
(iii) [Reserved]
(iv) Normal venting for aboveground tanks. (A) Atmospheric storage
tanks shall be adequately vented to prevent the development of vacuum or
pressure sufficient to distort the roof of a cone
[[Page 209]]
roof tank or exceeding the design pressure in the case of other
atmospheric tanks, as a result of filling or emptying, and atmospheric
temperature changes.
(B) Normal vents shall be sized either in accordance with: (1) The
American Petroleum Institute Standard 2000 (1968), Venting Atmospheric
and Low-Pressure Storage Tanks; or (2) other accepted standard; or (3)
shall be at least as large as the filling or withdrawal connection,
whichever is larger but in no case less than 1\1/4\ inch (3.175 cm)
nominal inside diameter.
(C) Low-pressure tanks and pressure vessels shall be adequately
vented to prevent development of pressure or vacuum, as a result of
filling or emptying and atmospheric temperature changes, from exceeding
the design pressure of the tank or vessel. Protection shall also be
provided to prevent overpressure from any pump discharging into the tank
or vessel when the pump discharge pressure can exceed the design
pressure of the tank or vessel.
(D) If any tank or pressure vessel has more than one fill or
withdrawal connection and simultaneous filling or withdrawal can be
made, the vent size shall be based on the maximum anticipated
simultaneous flow.
(E) Unless the vent is designed to limit the internal pressure 2.5
p.s.i. or less, the outlet of vents and vent drains shall be arranged to
discharge in such a manner as to prevent localized overheating of any
part of the tank in the event vapors from such vents are ignited.
(F) Tanks and pressure vessels storing Class IA liquids shall be
equipped with venting devices which shall be normally closed except when
venting to pressure or vacuum conditions. Tanks and pressure vessels
storing Class IB and IC liquids shall be equipped with venting devices
which shall be normally closed except when venting under pressure or
vacuum conditions, or with approved flame arresters.
Exemption: Tanks of 3,000 bbls. (84 m\3\) capacity or less
containing crude petroleum in crude-producing areas; and, outside
aboveground atmospheric tanks under 1,000 gallons (3,785 L) capacity
containing other than Class IA flammable liquids may have open vents.
(See paragraph (i)(2)(vi)(B) of this section.)
(G) Flame arresters or venting devices required in paragraph
(i)(2)(iv)(F) of this section may be omitted for Class IB and IC liquids
where conditions are such that their use may, in case of obstruction,
result in tank damage.
(v) Emergency relief venting for fire exposure for aboveground
tanks. (A) Every aboveground storage tank shall have some form of
construction or device that will relieve excessive internal pressure
caused by exposure fires.
(B) In a vertical tank the construction referred to in paragraph
(i)(2)(v)(A) of this section may take the form of a floating roof,
lifter roof, a weak roof-to-shell seam, or other approved pressure
relieving construction. The weak roof-to-shell seam shall be constructed
to fail preferential to any other seam.
(C) Where entire dependence for emergency relief is placed upon
pressure relieving devices, the total venting capacity of both normal
and emergency vents shall be enough to prevent rupture of the shell or
bottom of the tank if vertical, or of the shell or heads if horizontal.
If unstable liquids are stored, the effects of heat or gas resulting
from polymerization, decomposition, condensation, or self-reactivity
shall be taken into account. The total capacity of both normal and
emergency venting devices shall be not less than that derived from Table
F-10 except as provided in paragraph (i)(2)(v) (E) or (F) of this
section. Such device may be a self-closing manhole cover, or one using
long bolts that permit the cover to lift under internal pressure, or an
additional or larger relief valve or valves. The wetted area of the tank
shall be calculated on the basis of 55 percent of the total exposed area
of a sphere or spheroid, 75 percent of the total exposed area of a
horizontal tank and the first 30 feet (9.12 m) above grade of the
exposed shell area of a vertical tank.
[[Page 210]]
Table F-10--Wetted Area Versus Cubic Feet (Meters) Free Air Per Hour
[14.7 psia and 60 F. (15.55 C)]
------------------------------------------------------------------------
Square Square
Square feet CFH (m\3\H) feet CFH feet CFH
(m\2\) (m\2\) (m\3\H) (m\2\) (m\3\H)
------------------------------------------------------------------------
20 (1.84).. 21,100
(590.8) 200 (18.4) 211,000
(5,908) 1,000
(90.2) 524,000
(14,672)
30 (2.76).. 31,600
(884.8) 250 (23) 239,000
(6,692) 1,200
(110.4) 557,000
(15,596)
40 (3.68).. 42,100
(1,178.8) 300 (27.6) 265,000
(7,420) 1,400
(128.8) 587,000
(16,436)
50 (4.6)... 52,700
(1,475.6) 350 (32.2) 288,000
(8,064) 1,600
(147.2) 614,000
(17,192)
60 (5.52).. 63,200
(1,769.6) 400 (36.8) 312,000
(8,736) 1,800
(165.6) 639,000
(17,892)
70 (6.44).. 73,700
(2,063.6) 500 (46) 354,000
(9,912) 2,000
(180.4) 662,000
(18,536)
80 (7.36).. 84,200
(2,357.6) 600 (55.2) 392,000
(10,976) 2,400
(220.8) 704,000
(19,712)
90 (8.28).. 94,800
(2,654.4) 700 (64.4) 428,000
(11,984) 2,800
(257.6) 742,000
(20,776)
100 (9.2).. 105,000
(2,940) 800 (73.6) 462,000
(12,936) and
120 (11.04) 126,000
(3,528) 900 (82.8) 493,000
(13,804) over
140 (12.88) 147,000
(4,116) 1,000
(90.2) 524,000
(14,672)
160 (14.72) 168,000
(4,704)
180 (16.56) 190,000
(5,320)
200 (18.4). 211,000
(5,908)
------------------------------------------------------------------------
(D) For tanks and storage vessels designed for pressure over 1
p.s.i.g., the total rate of venting shall be determined in accordance
with Table F-10, except that when the exposed wetted area of the surface
is greater than 2,800 square feet (257.6 m\2\), the total rate of
venting shall be calculated by the following formula:
CFH=1,107A0.82
Where:
CFH=Venting requirement, in cubic feet (meters) of free air per
hour.
A=Exposed wetted surface, in square feet (m\2\).
Note: The foregoing formula is based on Q=21,000A0.82.
(E) The total emergency relief venting capacity for any specific
stable liquid may be determined by the following formula:
V=1337L M
V=Cubic feet (meters) of free air per hour from Table F-10.
L=Latent heat of vaporization of specific liquid in B.t.u. per
pound.
M=Molecular weight of specific liquids.
(F) The required airflow rate of paragraph (i)(2)(v) (C) or (E) of
this section may be multiplied by the appropriate factor listed in the
following schedule when protection is provided as indicated. Only one
factor may be used for any one tank.
0.5 for drainage in accordance with paragraph (i)(2)(vii)(B) of this
section for tanks over 200 square feet (18.4 m\2\) of wetted area.
0.3 for approved water spray.
0.3 for approved insulation.
0.15 for approved water spray with approved insulation.
(G) The outlet of all vents and vent drains on tanks equipped with
emergency venting to permit pressures exceeding 2.5 p.s.i.g. shall be
arranged to discharge in such a way as to prevent localized overheating
of any part of the tank, in the event vapors from such vents are
ignited.
(H) Each commercial tank venting device shall have stamped on it the
opening pressure, the pressure at which the valve reaches the full open
position, and the flow capacity at the latter pressure, expressed in
cubic feet (meters) per hour of air at 60 deg. F. (15.55 deg. C) and at
a pressure of 14.7 p.s.i.a.
(I) The flow capacity of tank venting devices 12 inches (30.48 cm)
and smaller in nominal pipe size shall be determined by actual test of
each type and size of vent. These flow tests may be conducted by the
manufacturer if certified by a qualified impartial observer, or may be
conducted by an outside agency. The flow capacity of tank venting
devices larger than 12 inches (30.48 cm) nominal pipe size, including
manhole covers with long bolts or equivalent, may be calculated provided
that the opening pressure is actually measured, the rating pressure and
corresponding free orifice area are stated, the word ``calculated''
appears on the nameplate, and the computation is based on a flow
coefficient of 0.5 applied to the rated orifice area.
(vi) Vent piping for aboveground tanks. (A) Vent piping shall be
constructed in
[[Page 211]]
accordance with paragraph (c) of this section.
(B) Where vent pipe outlets for tanks storing Class I liquids are
adjacent to buildings or public ways, they shall be located so that the
vapors are released at a safe point outside of buildings and not less
than 12 feet (3.648 m) above the adjacent ground level. In order to aid
their dispersion, vapors shall be discharged upward or horizontally away
from closely adjacent walls. Vent outlets shall be located so that
flammable vapors will not be trapped by eaves or other obstructions and
shall be at least 5 feet (1.52 m) from building openings.
(C) When tank vent piping is manifolded, pipe sizes shall be such as
to discharge, within the pressure limitations of the system, the vapors
they may be required to handle when manifolded tanks are subject to the
same fire exposure.
(vii) Drainage, dikes, and walls for aboveground tanks--(A) Drainage
and diked areas. The area surrounding a tank or a group of tanks shall
be provided with drainage as in paragraph (i)(2)(vii)(B) of this
section, or shall be diked as provided in (i)(2)(vii)(C) of this
section, to prevent accidental discharge of liquid from endangering
adjoining property or reaching waterways.
(B) Drainage. Where protection of adjoining property or waterways is
by means of a natural or manmade drainage system, such systems shall
comply with the following:
(1) [Reserved]
(2) The drainage system shall terminate in vacant land or other area
or in an impounding basin having a capacity not smaller than that of the
largest tank served. This termination area and the route of the drainage
system shall be so located that, if the flammable or combustible liquids
in the drainage system are ignited, the fire will not seriously expose
tanks or adjoining property.
(C) Diked areas. Where protection of adjoining property or waterways
is accomplished by retaining the liquid around the tank by means of a
dike, the volume of the diked area shall comply with the following
requirements:
(1) Except as provided in paragraph (i)(2)(vii)(C)(2) of this
section, the volumetric capacity of the diked area shall not be less
than the greatest amount of liquid that can be released from the largest
tank within the diked area, assuming a full tank. The capacity of the
diked area enclosing more than one tank shall be calculated by deducting
the volume of the tanks other than the largest tank below the height of
the dike.
(2) For a tank or group of tanks with fixed roofs containing crude
petroleum with boilover characteristics, the volumetric capacity of the
diked area shall be not less than the capacity of the largest tank
served by the enclosure, assuming a full tank. The capacity of the diked
enclosure shall be calculated by deducting the volume below the height
of the dike of all tanks within the enclosure.
(3) Walls of the diked area shall be of earth, steel, concrete or
solid masonry designed to be liquidtight and to withstand a full
hydrostatic head. Earthen walls 3 feet (0.912 m) or more in height shall
have a flat section at the top not less than 2 feet (0.608 m) wide. The
slope of an earthen wall shall be consistent with the angle of repose of
the material of which the wall is constructed.
(4) The walls of the diked area shall be restricted to an average
height of 6 feet (1.824 m) above interior grade.
(5) [Reserved]
(6) No loose combustible material, empty or full drum or barrel,
shall be permitted within the diked area.
(viii) Tank openings other than vents for aboveground tanks.
(A)-(C) [Reserved]
(D) Openings for gaging shall be provided with a vaportight cap or
cover.
(E) For Class IB and Class IC liquids other than crude oils,
gasolines, and asphalts, the fill pipe shall be so designed and
installed as to minimize the possibility of generating static
electricity. A fill pipe entering the top of a tank shall terminate
within 6 inches (15.24 cm) of the bottom of the tank and shall be
installed to avoid excessive vibration.
(F) Filling and emptying connections which are made and broken shall
be located outside of buildings at a location
[[Page 212]]
free from any source of ignition and not less than 5 feet (1.52 m) away
from any building opening. Such connection shall be closed and
liquidtight when not in use. The connection shall be properly
identified.
(3) Installation of underground tanks--(i) Location. Excavation for
underground storage tanks shall be made with due care to avoid
undermining of foundations of existing structures. Underground tanks or
tanks under buildings shall be so located with respect to existing
building foundations and supports that the loads carried by the latter
cannot be transmitted to the tank. The distance from any part of a tank
storing Class I liquids to the nearest wall of any basement or pit shall
be not less than 1 foot (0.304 m), and to any property line that may be
built upon, not less than 3 feet (0.912 m). The distance from any part
of a tank storing Class II or Class III liquids to the nearest wall of
any basement, pit or property line shall be not less than 1 foot (0.304
m).
(ii) Depth and cover. Underground tanks shall be set on firm
foundations and surrounded with at least 6 inches (15.24 cm) of
noncorrosive, inert materials such as clean sand, earth, or gravel well
tamped in place. The tank shall be placed in the hole with care since
dropping or rolling the tank into the hole can break a weld, puncture or
damage the tank, or scrape off the protective coating of coated tanks.
Tanks shall be covered with a minimum of 2 feet (0.608 m) of earth, or
shall be covered with not less than 1 foot (0.304 m) of earth, on top of
which shall be placed a slab of reinforced concrete not less than 4
inches (10.16 cm) thick. When underground tanks are, or are likely to
be, subject to traffic, they shall be protected against damage from
vehicles passing over them by at least 3 feet (0.912 m) of earth cover,
or 18 inches (45.72 cm) of well-tamped earth, plus 6 inches (15.24 cm)
of reinforced concrete or 8 inches (20.32 cm) of asphaltic concrete.
When asphaltic or reinforced concrete paving is used as part of the
protection, it shall extend at least 1 foot (0.304 m) horizontally
beyond the outline of the tank in all directions.
(iii) Corrosion protection. Corrosion protection for the tank and
its piping shall be provided by one or more of the following methods:
(A) Use of protective coatings or wrappings;
(B) Cathodic protection; or,
(C) Corrosion resistant materials of construction.
(iv) Vents. (A) Location and arrangement of vents for Class I
liquids. Vent pipes from tanks storing Class I liquids shall be so
located that the discharge point is outside of buildings, higher than
the fill pipe opening, and not less than 12 feet (3.648 m) above the
adjacent ground level. Vent pipes shall discharge only upward in order
to disperse vapors. Vent pipes 2 inches (5.08 cm) or less in nominal
inside diameter shall not be obstructed by devices that will cause
excessive back pressure. Vent pipe outlets shall be so located that
flammable vapors will not enter building openings, or be trapped under
eaves or other obstructions. If the vent pipe is less than 10 feet (3.04
m) in length, or greater than 2 inches (5.08 cm) in nominal inside
diameter, the outlet shall be provided with a vacuum and pressure relief
device or there shall be an approved flame arrester located in the vent
line at the outlet or within the approved distance from the outlet.
(B) Size of vents. Each tank shall be vented through piping adequate
in size to prevent blow-back of vapor or liquid at the fill opening
while the tank is being filled. Vent pipes shall be not less than 1\1/4\
inch (3.175 cm) nominal inside diameter.
Table F-11--Vent Line Diameters
----------------------------------------------------------------------------------------------------------------
Pipe length\1\
Maximum flow GPM (L) --------------------------------------------------------
50 feet (15.2 m) 100 feet (30.4 m) 200 feet (60.8 m)
----------------------------------------------------------------------------------------------------------------
Inches (cm) Inches (cm) Inches (cm)
100 (378.5)............................................ 1\1/4\ (3.175) 1\1/4\ (3.175) 1\1/4\ (3.175)
200 (757).............................................. 1\1/4\ (3.175) 1\1/4\ (3.175) 1\1/4\ (3.175)
300 (1,135.5).......................................... 1\1/4\ (3.175) 1\1/4\ (3.175) 1\1/2\ (3.81)
[[Page 213]]
400 (1,514)............................................ 1\1/4\ (3.175) 1\1/2\ (3.81) 2 (5.08)
500 (1,892.5).......................................... 1\1/2\ (3.81) 1\1/2\ (3.81) 2 (5.08)
600 (2,271)............................................ 1\1/2\ (3.81) 2 (5.08) 2 (5.08)
700 (2,649.5).......................................... 2 (5.08) 2 (5.08) 2 (5.08)
800 (3,028)............................................ 2 (5.08) 2 (5.08) 3 (7.62)
900 (3,406.5).......................................... 2 (5.08) 2 (5.08) 3 (7.62)
1,000 (3,785).......................................... 2 (5.08) 2 (5.08) 3 (7.62)
----------------------------------------------------------------------------------------------------------------
\1\Vent lines of 50 ft. (15.2 m), 100 ft. (30.4 m), and 200 ft. (60.8 m) of pipe plus 7 ells.
(C) Location and arrangement of vents for Class II or Class III
liquids. Vent pipes from tanks storing Class II or Class III flammable
liquids shall terminate outside of the building and higher than the fill
pipe opening. Vent outlets shall be above normal snow level. They may be
fitted with return bends, coarse screens or other devices to minimize
ingress of foreign material.
(D) Vent piping shall be constructed in accordance with paragraph
(3)(iv)(C) of this section. Vent pipes shall be so laid as to drain
toward the tank without sags or traps in which liquid can collect. They
shall be located so that they will not be subjected to physical damage.
The tank end of the vent pipe shall enter the tank through the top.
(E) When tank vent piping is manifolded, pipe sizes shall be such as
to discharge, within the pressure limitations of the system, the vapors
they may be required to handle when manifolded tanks are filled
simultaneously.
(v) Tank openings other than vents. (A) Connections for all tank
openings shall be vapor or liquid tight.
(B) Openings for manual gaging, if independent of the fill pipe,
shall be provided with a liquid-tight cap or cover. If inside a
building, each such opening shall be protected against liquid overflow
and possible vapor release by means of a spring loaded check valve or
other approved device.
(C) Fill and discharge lines shall enter tanks only through the top.
Fill lines shall be sloped toward the tank.
(D) For Class IB and Class IC liquids other than crude oils,
gasolines, and asphalts, the fill pipe shall be so designed and
installed as to minimize the possibility of generating static
electricity by terminating within 6 inches (15.24 cm) of the bottom of
the tank.
(E) Filling and emptying connections which are made and broken shall
be located outside of buildings at a location free from any source of
ignition and not less than 5 feet (1.52 m) away from any building
opening. Such connection shall be closed and liquidtight when not in
use. The connection shall be properly identified.
(4) Installation of tanks inside of buildings--(i) Location. Tanks
shall not be permitted inside of buildings except as provided in
paragraphs (e), (g), (h), or (i) of this section.
(ii) Vents. Vents for tanks inside of buildings shall be as provided
in paragraphs (i)(2) (iv), (v), (vi)(B), and (3)(iv) of this section,
except that emergency venting by the use of weak roof seams on tanks
shall not be permitted. Vents shall discharge vapors outside the
buildings.
(iii) Vent piping. Vent piping shall be constructed in accordance
with paragraph (c) of this section.
(iv) Tank openings other than vents. (A) Connections for all tank
openings shall be vapor or liquidtight. Vents are covered in paragraph
(i)(4)(ii) of this section.
(B) Each connection to a tank inside of buildings through which
liquid can normally flow shall be provided with an internal or an
external valve located as close as practical to the shell of the tank.
Such valves, when external, and their connections to the tank shall be
of steel except when the chemical characteristics of the liquid stored
are incompatible with steel. When materials other than steel are
necessary, they shall be suitable for the pressures, structural
stresses, and temperatures involved, including fire exposures.
[[Page 214]]
(C) Flammable or combustible liquid tanks located inside of
buildings, except in one-story buildings designed and protected for
flammable or combustible liquid storage, shall be provided with an
automatic-closing heat-actuated valve on each withdrawal connection
below the liquid level, except for connections used for emergency
disposal, to prevent continued flow in the event of fire in the vicinity
of the tank. This function may be incorporated in the valve required in
paragraph (i)(4)(iv)(B) of this section, and if a separate valve, shall
be located adjacent to the valve required in paragraph (i)(4)(iv)(B) of
this section.
(D) Openings for manual gaging, if independent of the fill pipe (see
paragraph (i)(4)(iv)(F) of this section), shall be provided with a
vaportight cap or cover. Each such opening shall be protected against
liquid overflow and possible vapor release by means of a spring loaded
check valve or other approved device.
(E) For Class IB and Class IC liquids other than crude oils,
gasolines, and asphalts, the fill pipe shall be so designed and
installed as to minimize the possibility of generating static
electricity by terminating within 6 inches (15.24 cm) of the bottom of
the tank.
(F) The fill pipe inside of the tank shall be installed to avoid
excessive vibration of the pipe.
(G) The inlet of the fill pipe shall be located outside of buildings
at a location free from any source of ignition and not less than 5 feet
(1.52 m) away from any building opening. The inlet of the fill pipe
shall be closed and liquidtight when not in use. The fill connection
shall be properly identified.
(H) Tanks inside buildings shall be equipped with a device, or other
means shall be provided, to prevent overflow into the building.
(5) Supports, foundations, and anchorage for all tank locations--(i)
General. Tank supports shall be installed on firm foundations. Tank
supports shall be of concrete, masonry, or protected steel. Single wood
timber supports (not cribbing) laid horizontally may be used for outside
aboveground tanks if not more than 12 inches (30.48 cm) high at their
lowest point.
(ii) Fire resistance. Steel supports or exposed piling shall be
protected by materials having a fire resistance rating of not less than
2 hours, except that steel saddles need not be protected if less than 12
inches (30.48 cm) high at their lowest point. Water spray protection or
its equivalent may be used in lieu of fire-resistive materials to
protect supports.
(iii) Spheres. The design of the supporting structure for tanks such
as spheres shall receive special engineering consideration.
(iv) Load distribution. Every tank shall be so supported as to
prevent the excessive concentration of loads on the supporting portion
of the shell.
(v) Foundations. Tanks shall rest on the ground or on foundations
made of concrete, masonry, piling, or steel. Tank foundations shall be
designed to minimize the possibility of uneven settling of the tank and
to minimize corrosion in any part of the tank resting on the foundation.
(vi) Flood areas. Where a tank is located in an area that may be
subjected to flooding, the applicable precautions outlined in this
subdivision shall be observed.
(A) No aboveground vertical storage tank containing a flammable or
combustible liquid shall be located so that the allowable liquid level
within the tank is below the established maximum flood stage, unless the
tank is provided with a guiding structure such as described in
paragraphs (i)(5)(vi) (M), (N), and (O) of this section.
(B) Independent water supply facilities shall be provided at
locations where there is no ample and dependable public water supply
available for loading partially empty tanks with water.
(C) In addition to the preceding requirements, each tank so located
that more than 70 percent, but less than 100 percent, of its allowable
liquid storage capacity will be submerged at the established maximum
flood stage, shall be safeguarded by one of the following methods: Tank
shall be raised, or its height shall be increased, until its top extends
above the maximum flood stage a distance equivalent to 30 percent or
more of its allowable liquid storage capacity: Provided, however, That
the submerged part of the tank
[[Page 215]]
shall not exceed two and one-half times the diameter. Or, as an
alternative to the foregoing, adequate noncombustible structural guides,
designed to permit the tank to float vertically without loss of product,
shall be provided.
(D) Each horizontal tank so located that more than 70 percent of its
storage capacity will be submerged at the established flood stage, shall
be anchored, attached to a foundation of concrete or of steel and
concrete, of sufficient weight to provide adequate load for the tank
when filled with flammable or combustible liquid and submerged by flood
waters to the established flood stage, or adequately secured by other
means.
(E) [Reserved]
(F) At locations where there is no ample and dependable water
supply, or where filling of underground tanks with liquids is
impracticable because of the character of their contents, their use, or
for other reasons, each tank shall be safeguarded against movement when
empty and submerged by high ground water or flood waters by anchoring,
weighting with concrete or other approved solid loading material, or
securing by other means. Each such tank shall be so constructed and
installed that it will safely resist external pressures due to high
ground water or flood waters.
(G) At locations where there is an ample and dependable water supply
available, underground tanks containing flammable or combustible
liquids, so installed that more than 70 percent of their storage
capacity will be submerged at the maximum flood stage, shall be so
anchored, weighted, or secured by other means, as to prevent movement of
such tanks when filled with flammable or combustible liquids, and
submerged by flood waters to the established flood stage.
(H) Pipe connections below the allowable liquid level in a tank
shall be provided with valves or cocks located as closely as practicable
to the tank shell. Such valves and their connections to tanks shall be
of steel or other material suitable for use with the liquid being
stored. Cast iron shall not be permitted.
(I) At locations where an independent water supply is required, it
shall be entirely independent of public power and water supply.
Independent source of water shall be available when flood waters reach a
level not less than 10 feet (3.04 m) below the bottom of the lowest tank
on a property.
(J) The self-contained power and pumping unit shall be so located or
so designed that pumping into tanks may be carried on continuously
throughout the rise in flood waters from a level 10 feet (3.04 m) below
the lowest tank to the level of the potential flood stage.
(K) Capacity of the pumping unit shall be such that the rate of rise
of water in all tanks shall be equivalent to the established potential
average rate of rise of flood waters at any stage.
(L) Each independent pumping unit shall be tested periodically to
insure that it is in satisfactory operating condition.
(M) Structural guides for holding floating tanks above their
foundations shall be so designed that there will be no resistance to the
free rise of a tank, and shall be constructed of noncombustible
material.
(N) The strength of the structure shall be adequate to resist
lateral movement of a tank subject to a horizontal force in any
direction equivalent to not less than 25 pounds per square foot (1.05 kg
m\2\) acting on the projected vertical cross-sectional area of the tank.
(O) Where tanks are situated on exposed points or bends in a
shoreline where swift currents in flood waters will be present, the
structures shall be designed to withstand a unit force of not less than
50 pounds per square foot (2.1 kg m\2\).
(P) The filling of a tank to be protected by water loading shall be
started as soon as flood waters reach a dangerous flood stage. The rate
of filling shall be at least equal to the rate of rise of the
floodwaters (or the established average potential rate of rise).
(Q) Sufficient fuel to operate the water pumps shall be available at
all times to insure adequate power to fill all tankage with water.
(R) All valves on connecting pipelines shall be closed and locked in
closed position when water loading has been completed.
[[Page 216]]
(S) Where structural guides are provided for the protection of
floating tanks, all rigid connections between tanks and pipelines shall
be disconnected and blanked off or blinded before the floodwaters reach
the bottom of the tank, unless control valves and their connections to
the tank are of a type designed to prevent breakage between the valve
and the tank shell.
(T) All valves attached to tanks other than those used in connection
with water loading operations shall be closed and locked.
(U) If a tank is equipped with a swing line, the swing pipe shall be
raised to and secured at its highest position.
(V) Inspections. The Assistant Secretary or his designated
representative shall make periodic inspections of all plants where the
storage of flammable or combustible liquids is such as to require
compliance with the foregoing requirements, in order to assure the
following:
(1) That all flammable or combustible liquid storage tanks are in
compliance with these requirements and so maintained.
(2) That detailed printed instructions of what to do in flood
emergencies are properly posted.
(3) That station operators and other employees depended upon to
carry out such instructions are thoroughly informed as to the location
and operation of such valves and other equipment necessary to effect
these requirements.
(vii) Earthquake areas. In areas subject to earthquakes, the tank
supports and connections shall be designed to resist damage as a result
of such shocks.
(6) Sources of ignition. In locations where flammable vapors may be
present, precautions shall be taken to prevent ignition by eliminating
or controlling sources of ignition. Sources of ignition may include open
flames, lightning, smoking, cutting and welding, hot surfaces,
frictional heat, sparks (static, electrical, and mechanical),
spontaneous ignition, chemical and physical-chemical reactions, and
radiant heat.
(7) Testing--(i) General. All tanks, whether shop built or field
erected, shall be strength tested before they are placed in service in
accordance with the applicable paragraphs of the code under which they
were built. The American Society of Mechanical Engineers (ASME) code
stamp, American Petroleum Institute (API) monogram, or the label of the
Underwriters' Laboratories, Inc., on a tank shall be evidence of
compliance with this strength test. Tanks not marked in accordance with
the above codes shall be strength tested before they are placed in
service in accordance with good engineering principles and reference
shall be made to the sections on testing in the codes listed in
paragraphs (i)(1) (iii)(A), (iv)(B), or (v)(B) of this section.
(ii) Strength. When the vertical length of the fill and vent pipes
is such that when filled with liquid the static head imposed upon the
bottom of the tank exceeds 10 pounds per square inch (68.94 kPa), the
tank and related piping shall be tested hydrostatically to a pressure
equal to the static head thus imposed.
(iii) Tightness. In addition to the strength test called for in
paragraphs (i)(7) (i) and (ii) of this section, all tanks and
connections shall be tested for tightness. Except for underground tanks,
this tightness test shall be made at operating pressure with air, inert
gas, or water prior to placing the tank in service. In the case of
field-erected tanks the strength test may be considered to be the test
for tank tightness. Underground tanks and piping, before being covered,
enclosed, or placed in use, shall be tested for tightness
hydrostatically, or with air pressure at not less than 3 pounds per
square inch (20.68 kPa) and not more than 5 pounds per square inch
(34.47 kPa).
(iv) Repairs. All leaks or deformations shall be corrected in an
acceptable manner before the tank is placed in service. Mechanical
caulking is not permitted for correcting leaks in welded tanks except
pinhole leaks in the roof.
(v) Derated operations. Tanks to be operated at pressures below
their design pressure may be tested by the applicable provisions of
paragraphs (i)(7) (i) or (ii) of this section, based upon the pressure
developed under full emergency venting of the tank.
(j) Piping, valves, and fittings--(1) General--(i) Design. The
design (including
[[Page 217]]
selection of materials) fabrication, assembly, test, and inspection of
piping systems containing flammable or combustible liquids shall be
suitable for the expected working pressures and structural stresses.
Conformity with the applicable provisions of Pressure Piping, ANSI B31
series and the provisions of this paragraph, shall be considered prima
facie evidence of compliance with the foregoing provisions.
(ii) Exceptions. This paragraph does not apply to any of the
following:
(A) Tubing or casing on any oil or gas wells and any piping
connected directly thereto.
(B) Motor vehicle, aircraft, boat, or portable or stationary
engines.
(C) Piping within the scope of any applicable boiler and pressures
vessel code.
(iii) Definitions. As used in this paragraph, piping systems consist
of pipe, tubing, flanges, bolting, gaskets, valves, fittings, the
pressure containing parts of other components such as expansion joints
and strainers, and devices which serve such purposes as mixing,
separating, snubbing, distributing, metering, or controlling flow.
(2) Materials for piping, valves, and fittings--(i) Required
materials. Materials for piping, valves, or fittings shall be steel,
nodular iron, or malleable iron, except as provided in paragraphs (j)(2)
(ii), (iii) and (iv) of this section.
(ii) Exceptions. Materials other than steel, nodular iron, or
malleable iron may be used underground, or if required by the properties
of the flammable or combustible liquid handled. Material other than
steel, nodular iron, or malleable iron shall be designed to
specifications embodying principles recognized as good engineering
practices for the material used.
(iii) Linings. Piping, valves, and fittings may have combustible or
noncombustible linings.
(iv) Low-melting materials. When low-melting point materials such as
aluminum and brass or materials that soften on fire exposure such as
plastics, or non-ductile materials such as cast iron, are necessary,
special consideration shall be given to their behavior on fire exposure.
If such materials are used in above ground piping systems or inside
buildings, they shall be suitably protected against fire exposure or so
located that any spill resulting from the failure of these materials
could not unduly expose persons, important buildings or structures or
can be readily controlled by remote valves.
(3) Pipe joints. Joints shall be made liquid tight. Welded or
screwed joints or approved connectors shall be used. Threaded joints and
connections shall be made up tight with a suitable lubricant or piping
compound. Pipe joints dependent upon the friction characteristics of
combustible materials for mechanical continuity of piping shall not be
used inside buildings. They may be used outside of buildings above or
below ground. If used above ground, the piping shall either be secured
to prevent disengagement at the fitting or the piping system shall be so
designed that any spill resulting from such disengagement could not
unduly expose persons, important buildings or structures, and could be
readily controlled by remote valves.
(4) Supports. Piping systems shall be substantially supported and
protected against physical damage and excessive stresses arising from
settlement, vibration, expansion, or contraction.
(5) Protection against corrosion. All piping for flammable or
combustible liquids, both aboveground and underground, where subject to
external corrosion, shall be painted or otherwise protected.
(6) Valves. Piping systems shall contain a sufficient number of
valves to operate the system properly and to protect the plant. Piping
systems in connection with pumps shall contain a sufficient number of
valves to control properly the flow of liquid in normal operation and in
the event of physical damage. Each connection to pipelines, by which
equipments such as tankcars or tank vehicles discharge liquids by means
of pumps into storage tanks, shall be provided with a check valve for
automatic protection against backflow if the piping arrangement is such
that backflow from the system is possible.
(7) Testing. All piping before being covered, enclosed, or placed in
use shall be hydrostatically tested to 150 percent of the maximum
anticipated
[[Page 218]]
pressure of the system, or pneumatically tested to 110 percent of the
maximum anticipated pressure of the system, but not less than 5 pounds
per square inch gage at the highest point of the system. This test shall
be maintained for a sufficient time to complete visual inspection of all
joints and connections, but for at least 10 minutes.
(k) Marine service stations--(1) Dispensing. (i) The dispensing area
shall be located away from other structures so as to provide room for
safe ingress and egress of craft to be fueled. Dispensing units shall in
all cases be at least 20 feet (6.08 m) from any activity involving fixed
sources of ignition.
(ii) Dispensing shall be by approved dispensing units with or
without integral pumps and may be located on open piers, wharves, or
floating docks or on shore or on piers of the solid fill type.
(iii) Dispensing nozzles shall be automatic-closing without a hold-
open latch.
(2) Tanks and pumps. (i) Tanks, and pumps not integral with the
dispensing unit, shall be on shore or on a pier of the solid fill type,
except as provided in paragraphs (k)(2) (ii) and (iii) of this section.
(ii) Where shore location would require excessively long supply
lines to dispensers, tanks may be installed on a pier provided that
applicable portions of paragraph (b) of this section relative to
spacing, diking, and piping are complied with and the quantity so stored
does not exceed 1,100 gallons (4,163.5 L) aggregate capacity.
(iii) Shore tanks supplying marine service stations may be located
above ground, where rock ledges or high water table make underground
tanks impractical.
(iv) Where tanks are at an elevation which would produce gravity
head on the dispensing unit, the tank outlet shall be equipped with a
pressure control valve positioned adjacent to and outside the tank block
valve specified in Sec. 1926.152(c)(8) of this section, so adjusted that
liquid cannot flow by gravity from the tank in case of piping or hose
failure.
(3) Piping. (i) Piping between shore tanks and dispensing units
shall be as described in paragraph (k)(2)(iii) of this section, except
that, where dispensing is from a floating structure, suitable lengths of
oil-resistant flexible hose may be employed between the shore piping and
the piping on the floating structure as made necessary by change in
water level or shoreline.
Table F-19--Electrical Equipment Hazardous Areas--Service Stations
------------------------------------------------------------------------
Class I
Location Group D Extent of classified area
division
------------------------------------------------------------------------
Underground tank:
Fill opening............... 1 Any pit, box or space below
grade level, any part of
which is within the Division
1 or 2 classified area.
2 Up to 18 inches (45.72 cm)
above grade level within a
horizontal radius of 10 feet
(3.04 m) from a loose fill
connection and within a
horizontal radius of 5 feet
(1.52 m) from a tight fill
connection.
Vent--Discharging upward... 1 Within 3 feet (0.912 m) of
open end of vent, extending
in all directions.
2 Area between 3 feet (0.912 m)
and 5 feet (1.52 m) of open
end of vent, extending in
all directions.
Dispenser:
Pits....................... 1 Any pit, box or space below
grade level, any part of
which is within the Division
1 or 2 classified area.
Dispenser enclosure........ 1 The area 4 feet (1.216 m)
vertically above base within
the enclosure and 18 inches
(45.72 cm) horizontally in
all directions.
Outdoor.................... 2 Up to 18 inches (45.72 cm)
above grade level within 20
feet (6.08 m) horizontally
of any edge of enclosure.
Indoor:
With mechanical ventilation 2 Up to 18 inches (45.72 cm)
above grade or floor level
within 20 feet (6.08 m)
horizontally of any edge of
enclosure.
With gravity ventilation... 2 Up to 18 inches (45.72 cm)
above grade or floor level
within 25 feet (7.6 m)
horizontally of any edge of
enclosure.
Remote pump--Outdoor....... 1 Any pit, box or space below
grade level if any part is
within a horizontal distance
of 10 feet (3.04 m) from any
edge of pump.
[[Page 219]]
2 Within 3 feet (0.912 m) of
any edge of pump, extending
in all directions. Also up
to 18 inches (45.72 cm)
above grade level within 10
feet (3.04 m) horizontally
from any edge of pump.
Remote pump--Indoor........ 1 Entire area within any pit.
2 Within 5 feet (1.52 m) of any
edge of pump, extending in
all directions. Also up to 3
feet (3.04 m) above floor or
grade level within 25 feet
(6.08 m) horizontally from
any edge of pump.
Lubrication or service room 1 Entire area within any pit.
2 Area up to 18 inches (45.72
cm) above floor or grade
level within entire
lubrication room.
Dispenser for Class I 2 Within 3 feet (0.912 m) of
liquids. any fill or dispensing
point, extending in all
directions.
Special enclosure inside 1 Entire enclosure.
building per Sec.
1910.106(f)(1)(ii).
Sales, storage and rest (\1\) If there is any opening to
rooms. these rooms within the
extent of a Division 1 area,
the entire room shall be
classified as Division 1.
------------------------------------------------------------------------
\1\Ordinary.
(ii) A readily accessible valve to shut off the supply from shore
shall be provided in each pipeline at or near the approach to the pier
and at the shore end of each pipeline adjacent to the point where
flexible hose is attached.
(iii) Piping shall be located so as to be protected from physical
damage.
(iv) Piping handling Class I liquids shall be grounded to control
stray currents.
(4) Definition; as used in this section: Marine service station
shall mean that portion of a property where flammable or combustible
liquids used as fuels are stored and dispensed from fixed equipment on
shore, piers, wharves, or floating docks into the fuel tanks of self-
propelled craft, and shall include all facilities used in connection
therewith.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 51
FR 25318, July 11, 1986; 58 FR 35162, June 30, 1993]
Sec. 1926.153 Liquefied petroleum gas (LP-Gas).
(a) Approval of equipment and systems. (1) Each system shall have
containers, valves, connectors, manifold valve assemblies, and
regulators of an approved type.
(2) All cylinders shall meet the Department of Transportation
specification identification requirements published in 49 CFR Part 178,
Shipping Container Specifications.
(3) Definition. As used in this section, Containers--All vessels,
such as tanks, cylinders, or drums, used for transportation or storing
liquefied petroleum gases.
(b) Welding on LP-Gas containers. Welding is prohibited on
containers.
(c) Container valves and container accessories. (1) Valves,
fittings, and accessories connected directly to the container, including
primary shut off valves, shall have a rated working pressure of at least
250 p.s.i.g. and shall be of material and design suitable for LP-Gas
service.
(2) Connections to containers, except safety relief connections,
liquid level gauging devices, and plugged openings, shall have shutoff
valves located as close to the container as practicable.
(d) Safety devices. (1) Every container and every vaporizer shall be
provided with one or more approved safety relief valves or devices.
These valves shall be arranged to afford free vent to the outer air with
discharge not less than 5 feet horizontally away from any opening into a
building which is below such discharge.
(2) Shutoff valves shall not be installed between the safety relief
device and the container, or the equipment or piping to which the safety
relief device is connected, except that a shutoff
[[Page 220]]
valve may be used where the arrangement of this valve is such that full
required capacity flow through the safety relief device is always
afforded.
(3) Container safety relief devices and regulator relief vents shall
be located not less than 5 feet in any direction from air openings into
sealed combustion system appliances or mechanical ventilation air
intakes.
(e) Dispensing. (1) Filling of fuel containers for trucks or motor
vehicles from bulk storage containers shall be performed not less than
10 feet from the nearest masonry-walled building, or not less than 25
feet from the nearest building or other construction and, in any event,
not less than 25 feet from any building opening.
(2) Filling of portable containers or containers mounted on skids
from storage containers shall be performed not less than 50 feet from
the nearest building.
(f) Requirements for appliances. (1) LP-Gas consuming appliances
shall be approved types.
(2) Any appliance that was originally manufactured for operation
with a gaseous fuel other than LP-Gas, and is in good condition, may be
used with LP-Gas only after it is properly converted, adapted, and
tested for performance with LP-Gas before the appliance is placed in
use.
(g) Containers and regulating equipment installed outside of
buildings or structures. Containers shall be upright upon firm
foundations or otherwise firmly secured. The possible effect on the
outlet piping of settling shall be guarded against by a flexible
connection or special fitting.
(h) Containers and equipment used inside of buildings or structures.
(1) When operational requirements make portable use of containers
necessary, and their location outside of buildings or structures is
impracticable, containers and equipment shall be permitted to be used
inside of buildings or structures in accordance with paragraphs (h)(2)
through (11) of this section.
(2) Containers in use means connected for use.
(3) Systems utilizing containers having a water capacity greater
than 2\1/2\ pounds (nominal 1 pound LP-Gas capacity) shall be equipped
with excess flow valves. Such excess flow valves shall be either
integral with the container valves or in the connections to the
container valve outlets.
(4) Regulators shall be either directly connected to the container
valves or to manifolds connected to the container valves. The regulator
shall be suitable for use with LP-Gas. Manifolds and fittings connecting
containers to pressure regulator inlets shall be designed for at least
250 p.s.i.g. service pressure.
(5) Valves on containers having water capacity greater than 50
pounds (nominal 20 pounds LP-Gas capacity) shall be protected from
damage while in use or storage.
(6) Aluminum piping or tubing shall not be used.
(7) Hose shall be designed for a working pressure of at least 250
p.s.i.g. Design, construction, and performance of hose, and hose
connections shall have their suitability determined by listing by a
nationally recognized testing agency. The hose length shall be as short
as practicable. Hoses shall be long enough to permit compliance with
spacing provisions of paragraphs (h)(1) through (13) of this section,
without kinking or straining, or causing hose to be so close to a burner
as to be damaged by heat.
(8) Portable heaters, including salamanders, shall be equipped with
an approved automatic device to shut off the flow of gas to the main
burner, and pilot if used, in the event of flame failure. Such heaters,
having inputs above 50,000 B.t.u. per hour, shall be equipped with
either a pilot, which must be lighted and proved before the main burner
can be turned on, or an electrical ignition system.
Note: The provisions of this subparagraph do not apply to portable
heaters under 7,500 B.t.u. per hour input when used with containers
having a maximum water capacity of 2\1/2\ pounds.
(9) Container valves, connectors, regulators, manifolds, piping, and
tubing shall not be used as structural supports for heaters.
(10) Containers, regulating equipment, manifolds, pipe, tubing, and
hose shall be located to minimize exposure to high temperatures or
physical damage.
[[Page 221]]
(11) Containers having a water capacity greater than 2\1/2\ pounds
(nominal 1 pound LP-Gas capacity) connected for use shall stand on a
firm and substantially level surface and, when necessary, shall be
secured in an upright position.
(12) The maximum water capacity of individual containers shall be
245 pounds (nominal 100 pounds LP-Gas capacity).
(13) For temporary heating, heaters (other than integral heater-
container units) shall be located at least 6 feet from any LP-Gas
container. This shall not prohibit the use of heaters specifically
designed for attachment to the container or to a supporting standard,
provided they are designed and installed so as to prevent direct or
radiant heat application from the heater onto the containers. Blower and
radiant type heaters shall not be directed toward any LP-Gas container
within 20 feet.
(14) If two or more heater-container units, of either the integral
or nonintegral type, are located in an unpartitioned area on the same
floor, the container or containers of each unit shall be separated from
the container or containers of any other unit by at least 20 feet.
(15) When heaters are connected to containers for use in an
unpartitioned area on the same floor, the total water capacity of
containers, manifolded together for connection to a heater or heaters,
shall not be greater than 735 pounds (nominal 300 pounds LP-Gas
capacity). Such manifolds shall be separated by at least 20 feet.
(16) Storage of containers awaiting use shall be in accordance with
paragraphs (j) and (k) of this section.
(i) Multiple container systems. (1) Valves in the assembly of
multiple container systems shall be arranged so that replacement of
containers can be made without shutting off the flow of gas in the
system. This provision is not to be construed as requiring an automatic
changeover device.
(2) Heaters shall be equipped with an approved regulator in the
supply line between the fuel cylinder and the heater unit. Cylinder
connectors shall be provided with an excess flow valve to minimize the
flow of gas in the event the fuel line becomes ruptured.
(3) Regulators and low-pressure relief devices shall be rigidly
attached to the cylinder valves, clyinders, supporting standards, the
building walls, or otherwise rigidly secured, and shall be so installed
or protected from the elements.
(j) Storage of LPG containers. Storage of LPG within buildings is
prohibited.
(k) Storage outside of buildings. (1) Storage outside of buildings,
for containers awaiting use, shall be located from the nearest building
or group of buildings, in accordance with the following:
Table F-3
------------------------------------------------------------------------
Distance
Quantity of LP-Gas stored (feet)
------------------------------------------------------------------------
500 lbs. or less............................................ 0
501 to 6,000 lbs............................................ 10
6,001 to 10,000 lbs......................................... 20
Over 10,000 lbs............................................. 25
------------------------------------------------------------------------
(2) Containers shall be in a suitable ventilated enclosure or
otherwise protected against tampering.
(l) Fire protection. Storage locations shall be provided with at
least one approved portable fire extinguisher having a rating of not
less than 20-B:C.
(m) Systems utilizing containers other than DOT containers--(1)
Application. This paragraph applies specifically to systems utilizing
storage containers other than those constructed in accordance with DOT
specifications. Paragraph (b) of this section applies to this paragraph
unless otherwise noted in paragraph (b) of this section.
(2) Design pressure and classification of storage containers.
Storage containers shall be designed and classified in accordance with
Table F-31.
Table F-31
------------------------------------------------------------------------
Minimum design pressure of
container, lb. per sq. in. gage
-------------------------------------
For gases with 1949 edition of ASME
vapor press. Not Code (Par. U-200, U-
to exceed lb. 1949 and 201); 1950, 1952,
Container type per sq. in. gage earlier 1956, 1959, 1962,
at 100 F. (37.8 editions of 1965, and 1968
C.) ASME Code (Division 1)
(Par. U-68, U- editions of ASME
69) Code; All editions
of API-ASME Code\3\
------------------------------------------------------------------------
\1\80........... \1\80 \1\80 \1\100
100............. 100 100 125
125............. 125 125 156
150............. 150 150 187
[[Page 222]]
175............. 175 175 219
\2\200.......... 215 200 250
------------------------------------------------------------------------
\1\New storage containers of the 80 type have not been authorized since
Dec. 31, 1947.
\2\Container type may be increased by increments of 25. The minimum
design pressure of containers shall be 100% of the container type
designation when constructed under 1949 or earlier editions of the
ASME Code (Par. U-68 and U-69). The minimum design pressure of
containers shall be 125% of the container type designation when
constructed under: (1) the 1949 ASME Code (Par. U-200 and U-201), (2)
1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of
the ASME Code, and (3) all editions of the API-ASME Code.
\3\Construction of containers under the API-ASME Code is not authorized
after July 1, 1961.
(3) Containers with foundations attached (portable or semiportable b
containers with suitable steel ``runners'' or ``skids'' and popularly
known in the industry as ``skid tanks'') shall be designed, installed,
and used in accordance with these rules subject to the following
provisions:
(i) If they are to be used at a given general location for a
temporary period not to exceed 6 months they need not have fire-
resisting foundations or saddles but shall have adequate ferrous metal
supports.
(ii) They shall not be located with the outside bottom of the
container shell more than 5 feet (1.52 m) above the surface of the
ground unless fire-resisting supports are provided.
(iii) The bottom of the skids shall not be less than 2 inches (5.08
cm) or more than 12 inches (30.48 cm) below the outside bottom of the
container shell.
(iv) Flanges, nozzles, valves, fittings, and the like, having
communication with the interior of the container, shall be protected
against physical damage.
(v) When not permanently located on fire-resisting foundations,
piping connections shall be sufficiently flexible to minimize the
possibility of breakage or leakage of connections if the container
settles, moves, or is otherwise displaced.
(vi) Skids, or lugs for attachment of skids, shall be secured to the
container in accordance with the code or rules under which the container
is designed and built (with a minimum factor of safety of four) to
withstand loading in any direction equal to four times the weight of the
container and attachments when filled to the maximum permissible loaded
weight.
(4) Field welding where necessary shall be made only on saddle
plates or brackets which were applied by the manufacturer of the tank.
(n) When LP-Gas and one or more other gases are stored or used in
the same area, the containers shall be marked to identify their content.
Marking shall be in compliance with American National Standard Z48.1-
1954, ``Method of Marking Portable Compressed Gas Containers To Identify
the Material Contained.''
(o) Damage from vehicles. When damage to LP-Gas systems from
vehicular traffic is a possibility, precautions against such damage
shall be taken.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35170, June 30, 1993]