Title 29—Labor--Volume 1
PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS
§ 1910.1   Purpose and scope.
(a) Section 6(a) of the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1593) provides that “without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending 2 years after such date, by rule promulgate as an occupational safety or health standard any national concensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees.” The legislative purpose of this provision is to establish, as rapidly as possible and without regard to the rule-making provisions of the Administrative Procedure Act, standards with which industries are generally familiar, and on whose adoption interested and affected persons have already had an opportunity to express their views. Such standards are either (1) national concensus standards on whose adoption affected persons have reached substantial agreement, or (2) Federal standards already established by Federal statutes or regulations.
(b) This part carries out the directive to the Secretary of Labor under section 6(a) of the Act. It contains occupational safety and health standards which have been found to be national consensus standards or established Federal standards.
§ 1910.2   Definitions.
As used in this part, unless the context clearly requires otherwise:
(a) Act means the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590).
(b) Assistant Secretary of Labor means the Assistant Secretary of Labor for Occupational Safety and Health;
(c) Employer means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State;
(d) Employee means an employee of an employer who is employed in a business of his employer which affects commerce;
(e) Commerce means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof;
(f) Standard means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment;
(g) National consensus standard means any standard or modification thereof which (1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary of Labor or by the Assistant Secretary of Labor that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered, and (3) has been designated as such a standard by the Secretary or the Assistant Secretary, after consultation with other appropriate Federal agencies; and
(h) Established Federal standard means any operative standard established by any agency of the United States and in effect on April 28, 1971, or contained in any Act of Congress in force on the date of enactment of the Williams-Steiger Occupational Safety and Health Act.
§ 1910.3   Petitions for the issuance, amendment, or repeal of a standard.
(a) Any interested person may petition in writing the Assistant Secretary of Labor to promulgate, modify, or revoke a standard. The petition should set forth the terms or the substance of the rule desired, the effects thereof if promulgated, and the reasons therefor.
(b)(1) The relevant legislative history of the Act indicates congressional recognition of the American National Standards Institute and the National Fire Protection Association as the major sources of national consensus standards. National consensus standards adopted on May 29, 1971, pursuant to section 6(a) of the Act are from those two sources. However, any organization which deems itself a producer of national consensus standards, within the meaning of section 3(9) of the Act, is invited to submit in writing to the Assistant Secretary of Labor at any time prior to February 1, 1973, all relevant information which may enable the Assistant Secretary to determine whether any of its standards satisfy the requirements of the definition of “national consensus standard” in section 3(9) of the Act.
(2) Within a reasonable time after the receipt of a submission pursuant to paragraph (b)(1) of this section, the Assistant Secretary of Labor shall publish or cause to be published in the Federal Register a notice of such submission, and shall afford interested persons a reasonable opportunity to present written data, views, or arguments with regard to the question whether any standards of the organization making the submission are national consensus standards.
§ 1910.4   Amendments to this part.
(a) The Assistant Secretary of Labor shall have all of the authority of the Secretary of Labor under sections 3(9) and 6(a) of the Act.
(b) The Assistant Secretary of Labor may at any time before April 28, 1973, on his own motion or upon the written petition of any person, by rule promulgate as a standard any national consensus standard and any established Federal standard, pursuant to and in accordance with section 6(a) of the Act, and, in addition, may modify or revoke any standard in this part 1910. In the event of conflict among any such standards, the Assistant Secretary of Labor shall take the action necessary to eliminate the conflict, including the revocation or modification of a standard in this part, so as to assure the greatest protection of the safety or health of the affected employees.
§ 1910.5   Applicability of standards.
(a) Except as provided in paragraph (b) of this section, 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, the Commonwealth of the Northern Mariana Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, and Johnston Island.
(b) None of the standards in this part shall apply to working conditions of employees with respect to which Federal agencies other than the Department of Labor, or State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
(c)(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. For example, § 1915.23(c)(3) of this title prescribes personal protective equipment for certain ship repairmen working in specified areas. Such a standard shall apply, and shall not be deemed modified nor superseded by any different general standard whose provisions might otherwise be applicable, to the ship repairmen working in the areas specified in § 1915.23(c)(3).
(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, as in subpart B or subpart R of this part, to the extent that none of such particular standards applies. To illustrate, the general standard regarding noise exposure in § 1910.95 applies to employments and places of employment in pulp, paper, and paperboard mills covered by § 1910.261.
(d) 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.
(e) [Reserved]
(f) An employer who is in compliance with any standard in this part shall be deemed to be in compliance with the requirement of section 5(a)(1) of the Act, but only to the extent of the condition, practice, means, method, operation, or process covered by the standard.
§ 1910.6   Incorporation by reference.
(a)(1) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Occupational Safety and Health Administration (OSHA) must publish a document in the Federal Register and the material must be available to the public.
(i) The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. Only the mandatory provisions ( i.e., provisions containing the word “shall” or other mandatory language) of standards incorporated by reference are adopted as standards under the Occupational Safety and Health Act.
(ii) Any changes in the standards incorporated by reference in this part and an official historic file of such changes are available for inspection in the Docket Office at the national office of OSHA, U.S. Department of Labor, Washington, DC 20210; telephone: 202-693-2350 (TTY number: 877-889-5627).
(2) All approved incorporation by reference (IBR) material is available for inspection at OSHA and at the National Archives and Records Administration (NARA).
(i) Contact OSHA at any Regional Office of the Occupational Safety and Health Administration (OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3508, Washington, DC 20210; telephone: 202-693-2350 (TTY number: 877-889-5627).
(ii) For information on the availability of these standards at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov .
(3) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(3). For material that is no longer commercially available, contact OSHA (see paragraph (a)(2)(i) of this section).
(i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO 80112; phone: (800) 332-6077; website: https://store.accuristech.com .
(ii) American National Standards Institute (see paragraph (e) for contact information).
(iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website: https://standards.globalspec.com .
(iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA 94624; phone (650)591-7600; email: info@document-center.com; website: www.document-center.com .
(v) Techstreet, phone: (855) 999-9870; email: store@techstreet.com ; website: www.techstreet.com .
(b) The following material is available for purchase from the American Conference of Governmental Industrial Hygienists (ACGIH), 1014 Broadway, Cincinnati OH 45202:
(1) “Industrial Ventilation: A Manual of Recommended Practice” (22nd ed., 1995), incorporation by reference (IBR) approved for § 1910.124(b)(4)(iii).
(2) Threshold Limit Values and Biological Exposure Indices for 1986-87 (1986), IBR approved for § 1910.120, PEL definition.
(c) The following material is available for purchase from the American Society of Agricultural Engineers (ASAE), 2950 Niles Road, Post Office Box 229, St. Joseph, MI 49085:
(1) ASAE Emblem for Identifying Slow Moving Vehicles, ASAE S276.2 (1968), IBR approved for § 1910.145(d)(10).
(2) [Reserved]
(d) The following material is available for purchase from the Agriculture Ammonia Institute-Rubber Manufacturers (AAI-RMA) Association, 1400 K St. NW, Washington DC 20005:
(1) AAI-RMA Specifications for Anhydrous Ammonia Hose, IBR approved for § 1910.111(b)(8)(i).
(2) [Reserved]
(e) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; phone: (212) 642-4980; email: info@ansi.org ; website: www.ansi.org .
(1)-(2) [Reserved]
(3) ANSI A11.1-65 (R 70) Practice for Industrial Lighting, IBR approved for §§ 1910.219(c)(5)(iii); 1910.261 (a)(3)(i), (c)(10), and (k)(21); and 1910.265(c)(2).
(4) ANSI A11.1-65 Practice for Industrial Lighting, IBR approved for §§ 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
(5) [Reserved]
(6) ANSI A13.1-56 Scheme for the Identification of Piping Systems, IBR approved for §§ 1910.253(d)(4)(ii); 1910.261(a)(3)(iii); 1910.262(c)(7).
(7) ANSI A14.1-68 Safety Code for Portable Wood Ladders, Supplemented by ANSI A14.1a-77, IBR approved for § 1910.261 (a)(3)(iv) and (c)(3)(i).
(8) ANSI A14.2-56 Safety Code for Portable Metal Ladders, Supplemented by ANSI A14.2a-77, IBR approved for § 1910.261 (a)(3)(v) and (c)(3)(i).
(9) ANSI A14.3-56 Safety Code for Fixed Ladders, IBR approved for §§ 1910.68(b)(4); and 1910.261 (a)(3)(vi) and (c)(3)(i).
(10) ANSI A17.1-65 Safety Code for Elevators, Dumbwaiters and Moving Walks, Including Supplements, A17.1a (1967); A17.1b (1968); A17.1c (1969); A17.1d (1970), IBR approved for § 1910.261 (a)(3)(vii), (g)(11)(i), and (l)(4).
(11) ANSI A17.2-60 Practice for the Inspection of Elevators, Including Supplements, A17.2a (1965), A17.2b (1967), IBR approved for § 1910.261(a)(3)(viii).
(12) ANSI A90.1-69 Safety Standard for Manlifts, IBR approved for § 1910.68(b)(3).
(13) ANSI A92.2-69 Standard for Vehicle Mounted Elevating and Rotating Work Platforms, IBR approved for § 1910.67 (b)(1), (2), (c)(3), and (4) and 1910.268(s)(1)(v).
(14) ANSI A120.1-70 Safety Code for Powered Platforms for Exterior Building Maintenance, IBR approved for § 1910.66 app. D (b) through (d).
(15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of Abrasive Wheels, IBR approved for §§ 1910.215(b)(12) and 1910.218(j).
(16) ANSI B15.1-53 (R 58) Safety Code for Mechanical Power Transmission Apparatus, IBR approved for §§ 1910.68(b)(4) and 1910.261 (a)(3)(ix), (b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv), (k)(12), and (l)(3).
(17) ANSI B20.1-57 Safety Code for Conveyors, Cableways, and Related Equipment, IBR approved for §§ 1910.218(j)(3); 1910.261 (a)(3)(x), (b)(1), (c)(15)(iv), (f)(4), and (j)(2); 1910.265(c)(18)(i).
(18) ANSI B30.2-43 (R 52) Safety Code for Cranes, Derricks, and Hoists, IBR approved for § 1910.261 (a)(3)(xi), (c)(2)(vi), and (c)(8) (i) and (iv).
(19) ANSI B30.2.0-67 Safety Code for Overhead and Gantry Cranes, IBR approved for §§ 1910.179(b)(2); 1910.261 (a)(3)(xii), (c)(2)(v), and (c)(8) (i) and (iv).
(20) ANSI B30.5-68 Safety Code for Crawler, Locomotive, and Truck Cranes, IBR approved for §§ 1910.180(b)(2) and 1910.261(a)(3)(xiii).
(21) ANSI B30.6-69 Safety Code for Derricks, IBR approved for §§ 1910.181(b)(2) and 1910.268(j)(4)(iv) (E) and (H).
(22) ANSI B31.1-55 Code for Pressure Piping, IBR approved for § 1910.261(g)(18)(iii).
(23) ANSI B31.1-67, IBR approved for § 1910.253(d)(1)(i)(A)
(24) ANSI B31.1a-63 Addenda to ANSI B31.1 (1955), IBR approved for § 1910.261(g)(18)(iii).
(25) ANSI B31.1-67 and Addenda B31.1 (1969) Code for Pressure Piping, IBR approved for §§ 1910.103(b)(1)(iii)(b); 1910.104(b)(5)(ii); 1910.218 (d)(4) and (e)(1)(iv); and 1910.261 (a)(3)(xiv) and (g)(18)(iii).
(26) ANSI B31.2-68 Fuel Gas Piping, IBR approved for § 1910.261(g)(18)(iii).
(27) ANSI B31.3-66 Petroleum Refinery Piping, IBR approved for § 1910.103(b)(3)(v)(b).
(28) ANSI B31.5-66 Addenda B31.5a (1968) Refrigeration Piping, IB approved for §§ 1910.103(b)(3)(v)(b) and 1910.111(b)(7)(iii).
(29) ANSI B56.1-69 Safety Standard for Powered Industrial Trucks, IBR approved for §§ 1910.178(a) (2) and (3) and 1910.261 (a)(3)(xv), (b)(6), (m)(2), and (m)(5)(iii).
(30) ANSI B57.1-65 Compressed Gas Cylinder Valve Outlet and Inlet Connections, IBR approved for § 1910.253(b)(1)(iii).
(31) [Reserved]
(32) ANSI B175.1-1991, Safety Requirements for Gasoline-Powered Chain Saws 1910.266(e)(2)(i).
(33) [Reserved]
(34) ANSI C33.2-56 Safety Standard for Transformer-Type Arc Welding Machines, IBR approved for § 1910.254(b)(1).
(35) [Reserved]
(36) ANSI H23.1-70 Seamless Copper Water Tube Specification, IBR approved for § 1910.110(b) (8)(ii) and (13)(ii)(b)(1).
(37) ANSI H38.7-69 Specification for Aluminum Alloy Seamless Pipe and Seamless Extruded Tube, IBR approved for § 1910.110(b)(8)(i).
(38) ANSI J6.4-71 Standard Specification for Rubber Insulating Blankets, IBR approved for § 1910.268 (f)(1) and (n)(11)(v).
(39) ANSI J6.6-71 Standard Specification for Rubber Insulating Gloves, IBR approved for § 1910.268 (f)(1) and (n)(11)(iv).
(40) ANSI K13.1-67 Identification of Gas Mask Canisters, IBR approved for § 1910.261 (a)(3)(xvi) and (h)(2)(iii).
(41) ANSI K61.1-60 Safety Requirements for the Storage and Handling of Anhydrous Ammonia, IBR approved for § 1910.111(b)(11)(i).
(42) ANSI K61.1-66 Safety Requirements for the Storage and Handling of Anhydrous Ammonia, IBR approved for § 1910.111(b)(11)(i).
(43) ANSI O1.1-54 (R 61) Safety Code for Woodworking Machinery, IBR approved for § 1910.261 (a)(3)(xvii), (e)(7), and (i)(2).
(44) ANSI S1.4-71 (R 76) Specification for Sound Level Meters, IBR approved for § 1910.95 appendixes D and I.
(45) ANSI S1.11-71 (R 76) Specification for Octave, Half-Octave and Third-Octave Band Filter Sets, IBR approved for § 1910.95 appendix D.
(46) ANSI S3.6-69 Specifications for Audiometers, IBR approved for § 1910.95(h)(2) and (5)(ii) and appendix D.
(47) ANSI Z4.1-68 Requirements for Sanitation in Places of Employment, IBR approved for § 1910.261 (a)(3)(xviii) and (g)(15)(vi).
(48) [Reserved]
(49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open Surface Tanks, IBR approved for 1910.261(a)(3)(xix), (g)(18)(v), and (h)(2)(i).
(50) ANSI Z9.1-71 Practices for Ventilation and Operation of Open-Surface Tanks, IBR approved for § 1910.124(b)(4)(iv).
(51) ANSI Z9.2-60 Fundamentals Governing the Design and Operation of Local Exhaust Systems, IBR approved for §§ 1910.94(a)(4)(i) introductory text, (a)(6) introductory text, (b)(3)(ix), (b)(4)(i) and (ii), (c)(3)(i) introductory text, (c)(5)(iii)(b), and (c)(7)(iv)(a); 1910.261(a)(3)(xx), (g)(1)(i) and (iii), and (h)(2)(ii).
(52) ANSI Z9.2-79 Fundamentals Governing the Design and Operation of Local Exhaust Systems, IBR approved for § 1910.124(b)(4)(i).
(53) ANSI Z12.12-68 Standard for the Prevention of Sulfur Fires and Explosions, IBR approved for § 1910.261 (a)(3)(xxi), (d)(1)(i), (f)(2)(iv), and (g)(1)(i).
(54) ANSI Z12.20-62 (R 69) Code for the Prevention of Dust Explosions in Woodworking and Wood Flour Manufacturing Plants, IBR approved for § 1910.265(c)(20)(i).
(55) ANSI Z21.30-64 Requirements for Gas Appliances and Gas Piping Installations, IBR approved for § 1910.265(c)(15).
(56) ANSI Z24.22-57 Method of Measurement of Real-Ear Attenuation of Ear Protectors at Threshold, IBR approved for § 1910.261(a)(3)(xxii).
(57) ANSI Z33.1-61 Installation of Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying, IBR approved for §§ 1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii) and (f)(5); and 1910.265(c)(20)(i).
(58) ANSI Z33.1-66 Installation of Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying, IBR approved for § 1910.94(a)(2)(ii).
(59) ANSI Z35.1-1968, Specifications for Accident Prevention Signs; IBR approved for § 1910.261(c). Copies available for purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 1-877-413-5184; Web site: www.global.ihs.com.
(60) ANSI Z41-1999, American National Standard for Personal Protection—Protective Footwear; IBR approved for § 1910.136(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://www.nsc.org.
(61) ANSI Z41-1991, American National Standard for Personal Protection—Protective Footwear; IBR approved for § 1910.136(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://www.nsc.org.
(62)-(63) [Reserved]
(64) ANSI Z49.1-67 Safety in Welding and Cutting, IBR approved for § 1910.252(c)(1)(iv) (A) and (B).
(65) USAS Z53.1-1967 (also referred to as ANSI Z53.1-1967), Safety Color Code for Marking Physical Hazards, ANSI approved October 9, 1967; IBR approved for § 1910.97(a) and 1910.145(d). Copies available for purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 1-877-413-5184; Web site: www.global.ihs.com.
(66) ANSI Z535.1-2006 (R2011), Safety Colors, reaffirmed July 19, 2011; IBR approved for §§ 1910.97(a) and 1910.145(d). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: 877-699-9277; Web site: www.techstreet.com.
(67) ANSI Z535.2-2011, Environmental and Facility Safety Signs, published September 15, 2011; IBR approved for § 1910.261(c). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: 877-699-9277; Web site: www.techstreet.com.
(68) ANSI Z54.1-63 Safety Standard for Non-Medical X-Ray and Sealed Gamma Ray Sources, IBR approved for § 1910.252(d) (1)(vii) and (2)(ii).
(69) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, Approved April 13, 2010; IBR approved for § 1910.133(b). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com.
(70) ANSI Z87.1-2003, Occupational and Educational Eye and Face Personal Protection Devices Approved June 19, 2003; IBR approved for §§ 1910.133(b). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com.
(71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, Reaffirmation approved January 4, 1999; IBR approved for § 1910.133(b). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org /;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com.
(72) ANSI Z88.2-1969, Practices for Respiratory Protection; IBR approved for §§ 1910.94(c)(6)(iii)( a ), 1910.134(c); and 1910.261(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2)(iii), (h)(2)(iv), and (i)(4).
(73) American National Standards Institute (ANSI) Z89.1-2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for § 1910.135(b)(1)(i). Copies of ANSI Z89.1-2009 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(74) American National Standards Institute (ANSI) Z89.1-2003, American National Standard for Industrial Head Protection; IBR approved for § 1910.135(b)(1)(ii). Copies of ANSI Z89.1-2003 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(75) American National Standards Institute (ANSI) Z89.1-1997, American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for § 1910.135(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(76) ANSI Z41.1-1967 Men's Safety Toe Footwear; IBR approved for § 1910.261(i)(4).
(77) ANSI Z87.1-1968 Practice of Occupational and Educational Eye and Face Protection; IBR approved for § 1910.261(a)(3)(xxv), (d)(1)(ii), (f)(5), (g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4).
(78) ANSI Z89.1-1969 Safety Requirements for Industrial Head Protection; IBR approved for § 1910.261(a)(3)(xxvii), (b)(2), (g)(15)(v), and (i)(4).
(79) ANSI Z89.2-1971 Safety Requirements for Industrial Protective Helmets for Electrical Workers, Class B; IBR approved for § 1910.268(i)(1).
(f) The following material is available for purchase from the American Petroleum Institute (API), 1220 L Street NW, Washington DC 20005:
(1) [Reserved]
(2) API 12B (May 1958) Specification for Bolted Production Tanks, 11th Ed., With Supplement No. 1, Mar. 1962, IBR approved for § 1910.106(b)(1)(i)( a )( 3 ).
(3) API 12D (Aug. 1957) Specification for Large Welded Production Tanks, 7th Ed., IBR approved for § 1910.106(b)(1)(i)( a )( 3 ).
(4) API 12F (Mar. 1961) Specification for Small Welded Production Tanks, 5th Ed., IBR approved for § 1910.106(b)(1)(i)( a )( 3 ).
(5) API 620, Fourth Ed. (1970) Including appendix R, Recommended Rules for Design and Construction of Large Welded Low Pressure Storage Tanks, IBR approved for §§ 1910.103(c)(1)(i)( a ); 1910.106(b)(1)(iv)(b)(1); and 1910.111( d )( 1 ) (ii) and (iii).
(6) API 650 (1966) Welded Steel Tanks for Oil Storage, 3rd Ed., IBR approved for § 1910.106(b)(1)(iii)( a )( 2 ).
(7) API 1104 (1968) Standard for Welding Pipelines and Related Facilities, IBR approved for § 1910.252(d)(1)(v).
(8) API 2000 (1968) Venting Atmospheric and Low Pressure Storage Tanks, IBR approved for § 1910.106(b)(2)(iv)( b )( 1 ).
(9) API 2201 (1963) Welding or Hot Tapping on Equipment Containing Flammables, IBR approved for § 1910.252(d)(1)(vi).
(g) The following material is available for purchase from the American Society of Mechanical Engineers (ASME), United Engineering Center, 345 East 47th Street, New York, NY 10017:
(1) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1949, 1950, 1952, 1956, 1959, and 1962 Ed., IBR approved for §§ 1910.110 (b)(10)(iii) (Table H-26), (d)(2) (Table H-31); (e)(3)(i) (Table H-32), (h)(2) (Table H-34); and 1910.111(b)(2)(vi);
(2) ASME Code for Pressure Vessels, 1968 Ed., IBR approved for §§ 1910.106(i)(3)(i); 1910.110(g)(2)(iii)( b )( 2 ); and 1910.217(b)(12);
(3) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1968, IBR approved for §§ 1910.103; 1910.104(b)(4)(ii); 1910.106 (b)(1)(iv)( b )( 2 ) and ( i )(3)(ii); 1910.107; 1910.110(b)(11) (i)( b ) and (iii)( a )( 1 ); 1910.111(b)(2) (i), (ii), and (iv); and 1910.169(a)(2) (i) and (ii);
(4) ASME Boiler and Pressure Vessel Code, Sec. VIII, Paragraph UG-84, 1968, IBR approved for § 1910.104 (b)(4)(ii) and (b)(5)(iii);
(5) ASME Boiler and Pressure Vessel Code, Sec. VIII, Unfired Pressure Vessels, Including Addenda (1969), IBR approved for §§ 1910.261; 1910.262; 1910.263(i)(24)(ii);
(6) Code for Unfired Pressure Vessels for Petroleum Liquids and Gases of the API and the ASME, 1951 Ed., IBR approved for § 1910.110(b)(3)(iii); and
(7) ASME B56.6-1992 (with addenda), Safety Standard for Rough Terrain Forklift Trucks, IBR approved for § 1910.266(f)(4).
(h) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9585; email: sevice@astm.org ; website: www.astm.org . (27) ASTM D4359-90, Standard Test Method for Determining Whether a Material is a Liquid or a Solid, approved July 1, 2019; IBR approved for § 1910.1200.
(1) ASTM A 47-68, Malleable Iron Castings, IBR approved for § 1910.111.
(2) ASTM A 53-69, Welded and Seamless Steel Pipe, IBR approved for §§ 1910.110 and 1910.111.
(3) ASTM A 126-66, Gray Iron Casting for Valves, Flanges and Pipe Fitting, IBR approved for § 1910.111.
(4) ASTM A 391-65 (ANSI G61.1-1968), Alloy Steel Chain, IBR approved for § 1910.184.
(5) ASTM A 395-68, Ductile Iron for Use at Elevated Temperatures, IBR approved for § 1910.111.
(6) ASTM B 88-66A, Seamless Copper Water Tube, IBR approved for § 1910.252.
(7) ASTM B 88-69, Seamless Copper Water Tube, IBR approved for § 1910.110.
(8) [Reserved]
(9) ASTM B 210-68, Aluminum-Alloy Drawn Seamless Tubes, IBR approved for § 1910.110.
(10) ASTM B 241-69, Standard Specifications for Aluminum-Alloy Seamless Pipe and Seamless Extruded Tube, IBR approved for § 1910.110.
(11) ASTM D 5-65, Test for Penetration by Bituminous Materials, IBR approved for § 1910.106.
(12) ASTM D 56-70, Test for Flash Point by Tag Closed Tester, IBR approved for § 1910.106.
(13) ASTM D 56-05, Standard Test Method for Flash Point by Tag Closed Cup Tester, Approved May 1, 2005, IBR approved for Appendix B to § 1910.1200.
(14) ASTM D 86-62, Test for Distillation of Petroleum Products, IBR approved for §§ 1910.106 and 1910.119.
(15) ASTM D 86-07a, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, Approved April 1, 2007, IBR approved for Appendix B to § 1910.1200.
(16) ASTM D 88-56, Test for Saybolt Viscosity, IBR approved for § 1910.106.
(17) ASTM D 93-71, Test for Flash Point by Pensky Martens, IBR approved for § 1910.106.
(18) ASTM D 93-08, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, Approved Oct. 15, 2008, IBR approved for Appendix B to § 1910.1200.
(19) ASTM D 240-02 (Reapproved 2007), Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, Approved May 1, 2007, IBR approved for Appendix B to § 1910.1200.
(20) ASTM D 323-68, Standard Test Method of Test for Vapor Pressure of Petroleum Products (Reid Method), IBR approved for § 1910.106.
(21) ASTM D 445-65, Test for Viscosity of Transparent and Opaque Liquids, IBR approved for § 1910.106.
(22) ASTM D 1078-05, Standard Test Method for Distillation Range of Volatile Organic Liquids, Approved May 15, 2005, IBR approved for Appendix B to § 1910.1200.
(23) ASTM D 1692-68, Test for Flammability of Plastic Sheeting and Cellular Plastics, IBR approved for § 1910.103.
(24) ASTM D 2161-66, Conversion Tables for SUS, IBR approved for § 1910.106.
(25) ASTM D 3278-96 (Reapproved 2004) E1, Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus, Approved November 1, 2004, IBR approved for Appendix B to § 1910.1200.
(26) ASTM D 3828-07a, Standard Test Methods for Flash Point by Small Scale Closed Cup Tester, Approved July 15, 2007, IBR approved for Appendix B to § 1910.1200.
(27) ASTM D 4359-90, Standard Test Method for Determining Whether a Material is a Liquid or a Solid, Approved 2019, IBR approved for § 1910.1200.
(28) ASTM F-2412-2005, Standard Test Methods for Foot Protection, IBR approved for § 1910.136.
(29) ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear, IBR approved for § 1910.136.
(i) The following material is available at the American Thoracic Society (ATS), 25 Broadway, 18th Floor New York, NY 10004; website: www.atsjournals.org/.
(1) Spirometric Reference Values from a Sample of the General U.S. Population. Hankinson JL, Odencrantz JR, Fedan KB. American Journal of Respiratory and Critical Care Medicine, 159:179-187, 1999, IBR approved for § 1910.1043(h).
(2) [Reserved]
(j) The following material is available for purchase from the American Welding Society (AWS), 550 NW, LeJeune Road, P.O. Box 351040, Miami FL 33135:
(1)-(2) [Reserved]
(3) AWS B3.0-41 Standard Qualification Procedure, IBR approved for § 1910.67(c)(5)(i).
(4) AWS D1.0-1966 Code for Welding in Building Construction, IBR approved for § 1910.27(b)(6).
(5) AWS D2.0-69 Specifications for Welding Highway and Railway Bridges, IBR approved for § 1910.67(c)(5)(iv).
(6) AWS D8.4-61 Recommended Practices for Automotive Welding Design, IBR approved for § 1910.67(c)(5)(ii).
(7) AWS D10.9-69 Standard Qualification of Welding Procedures and Welders for Piping and Tubing, IBR approved for § 1910.67(c)(5)(iii).
(k) The following material is available for purchase from the Department of Commerce:
(1) [Reserved]
(2) Publication “Model Performance Criteria for Structural Fire Fighters' Helmets,” IBR approved for § 1910.156(e)(5)(i).
(l) The following material is available for purchase from the Compressed Gas Association (CGA), 1235 Jefferson Davis Highway, Arlington, VA 22202:
(1) CGA C-6 (1968) Standards for Visual Inspection of Compressed Gas Cylinders, IBR approved for § 1910.101(a).
(2) CGA C-8 (1962) Standard for Requalification of ICC-3HT Cylinders, IBR approved for § 1910.101(a).
(3) CGA G-1-2009 Acetylene, Twelfth Edition, IBR approved for § 1910.102(a). Copies of CGA Pamphlet G-1-2009 are available for purchase from the: Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, VA 20151; telephone: (703) 788-2700; fax: (703) 961-1831; email: cga@cganet.com.
(4) CGA G-7.1 (1966) Commodity Specification, IBR approved for § 1910.134(d)(1).
(5) CGA G-8.1 (1964) Standard for the Installation of Nitrous Oxide Systems at Consumer Sites, IBR approved for § 1910.105.
(6) CGA P-1 (1965) Safe Handling of Compressed Gases, IBR approved for § 1910.101(b).
(7) CGA P-3 (1963) Specifications, Properties, and Recommendations for Packaging, Transportation, Storage and Use of Ammonium Nitrate, IBR approved for § 1910.109(i)(1)(ii)( b ).
(8) CGA S-1.1 (1963) and 1965 Addenda. Safety Release Device Standards—Cylinders for Compressed Gases, IBR approved for §§ 1910.101(c); 1910.103(c)(1)(iv)( a )( 2 ).
(9) CGA S-1.2 (1963) Safety Release Device Standards, Cargo and Portable Tanks for Compressed Gases, IBR approved for §§ 1910.101(c); 1910.103(c)(1)(iv)( a )( 2 ).
(10) CGA S-1.3 (1959) Safety Release Device Standards-Compressed Gas Storage Containers, IBR approved for §§ 1910.103(c)(1)(iv)( a )( 2 ); 1910.104(b)(6)(iii); and 1910.111(d)(4)(ii)( b ).
(11) CGA 1957 Standard Hose Connection Standard, IBR approved for § 1910.253(e) (4)(v) and (5)(iii).
(12) CGA and RMA (Rubber Manufacturer's Association) Specification for Rubber Welding Hose (1958), IBR approved for § 1910.253(e)(5)(i).
(13) CGA 1958 Regulator Connection Standard, IBR approved for § 1910.253(e) (4)(iv) and (6).
(m) The following material is available for purchase from the Crane Manufacturer's Association of America, Inc. (CMAA), 1 Thomas Circle NW, Washington DC 20005:
(1) CMAA Specification 1B61, Specifications for Electric Overhead Traveling Cranes, IBR approved for § 1910.179(b)(6)(i).
(2) [Reserved]
(n) German Institute for Standardization (DIN) (Beuth Verlag GmbH) Am DIN-Platz Burggrafenstraße 6 10787 Berlin, Germany; phone: +49 30 58885 70070; website: https://din.de/en/about-standards/buy-standard .
(1) DIN 51794:2003-05—Determining the ignition temperature of petroleum products, May 2003, IBR approved for appendix B to § 1910.1200.
(2) [Reserved]
(o) The following material is available for purchase from the Fertilizer Institute, 1015 18th Street NW, Washington, DC 20036:
(1) Standard M-1 (1953, 1955, 1957, 1960, 1961, 1963, 1965, 1966, 1967, 1968), Superseded by ANSI K61.1-1972, IBR approved for § 1910.111(b)(1) (i) and (iii).
(2) [Reserved]
(p) The following material is available for purchase from the General Services Administration:
(1) GSA Pub. GG-B-0067b, Air Compressed for Breathing Purposes, or Interim Federal Specifications, Apr. 1965, IBR approved for § 1910.134(d)(4).
(2) [Reserved]
(q) International Electrotechnical Commission (IEC), IEC Secretariat, 3 rue de Varembé, PO Box 131, CH-1211 Geneva 20, Switzerland; phone: +41 22 919 02 11; email: sales@iec.ch ; website: https://www.iec.ch .
(1) IEC 60079-20-1, Explosive atmospheres—Part 20-1: Material characteristics for gas and vapor classification—Test methods and data, Edition 1.0, 2010-01; IBR approved for appendix B to § 1910.1200.
(2) [Reserved]
(r) The following material is available for purchase from the: International Code Council, Chicago District Office, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478; telephone: 708-799-2300, x3-3801; facsimile: 001-708-799-4981; e-mail: order@iccsafe.org.
(1) IFC-2009, International Fire Code, copyright 2009, IBR approved for §§ 1910.34, 1910.35, 1910.36, and 1910.37.
(2) [Reserved]
(s) The following material is available for purchase from the Department of Health and Human Services:
(1) Publication No. 76-120 (1975), List of Personal Hearing Protectors and Attenuation Data, IBR approved for § 1910.95 App. B.
(2) [Reserved]
(t) The following material is available for purchase from the Institute of Makers of Explosives (IME), 420 Lexington Avenue, New York, NY 10017:
(1) IME Pamphlet No. 17, 1960, Safety in the Handling and Use of Explosives, IBR approved for §§ 1910.261 (a)(4)(iii) and (c)(14)(ii).
(2) [Reserved]
(u) The following material is available from the International Labour Organization (ILO), 4 route des Morillons, CH-1211 Genève 22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41 (0) 22 798 8685; website: www.ilo.org/.
(1) Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational safety and health series; 22 (Rev.2011), IBR approved for § 1910.1001.
(2) [Reserved]
(v) International Organization for Standardization (ISO), ISO Central Secretariat, Chemin de Blandonnet 8 CP 401—1214 Vernier, Geneva, Switzerland; phone: +41 22 749 01 11; email: central@iso.org ; website: www.iso.org/store.html .
(1) ISO 817:2014(E), Refrigerants—Designation and safety classification, Third edition, 2014-04-15; IBR approved for appendix B to § 1910.1200.
(2) ISO 10156:1996 (E), Gases and Gas Mixtures—Determination of Fire Potential and Oxidizing Ability for the Selection of Cylinder Valve Outlets, Second Edition, Feb. 15, 1996; IBR approved for appendix B to § 1910.1200.
(3) ISO 10156:2017(E), Gas Cylinders—Gases and gas mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, Fourth edition, 2017-07; IBR approved for appendix B to § 1910.1200.
(4) ISO 10156-2:2005 (E), Gas cylinders—Gases and Gas Mixtures—Part 2: Determination of Oxidizing Ability of Toxic and Corrosive Gases and Gas Mixtures, First Edition, Aug. 1, 2005; IBR approved for appendix B to subpart Z.
(5) ISO 13943:2000 (E/F); Fire Safety—Vocabulary, First Edition, April, 15, 2000, IBR approved for appendix B to § 1910.1200.
(w) The following material is available for purchase from the National Electrical Manufacturer's Association (NEMA):
(1) NEMA EW-1 (1962) Requirements for Electric Arc Welding Apparatus, IBR approved for §§ 1910.254(b)(1).
(2) [Reserved]
(x) The following material is available for purchase from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269; Telephone: 800-344-3555 or 617-770-3000; Fax: 1-800-593-6372 or 1-508-895-8301; Email: custserv@nfpa.org; Web site: http://www.nfpa.org.
(1) NFPA 30 (1969) Flammable and Combustible Liquids Code, IBR approved for § 1910.178(f)(1).
(2) NFPA 32-1970 Standard for Dry Cleaning Plants, IBR approved for § 1910.106(j)(6)(i).
(3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and Combustible Material, IBR approved for § 1910.94(c)(2).
(4) NFPA 34-1966 Standard for Dip Tanks Containing Flammable or Combustible Liquids, IBR approved for § 1910.124(b)(4)(iv).
(5) NFPA 34-1995 Standard for Dip Tanks Containing Flammable or Combustible Liquids, IBR approved for § 1910.124(b)(4)(ii).
(6) NFPA 35-1970 Standard for the Manufacture of Organic Coatings, IBR approved for § 1910.106(j)(6)(ii).
(7) NFPA 36-1967 Standard for Solvent Extraction Plants, IBR approved for § 1910.106(j)(6)(iii).
(8) NFPA 37-1970 Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, IBR approved for §§ 1910.106(j)(6)(iv) and 1910.110 (b)(20)(iv)(c) and (e)(11).
(9) NFPA 51B-1962 Standard for Fire Protection in Use of Cutting and Welding Processes, IBR approved for § 1910.252(a)(1) introductory text.
(10) NFPA 54-1969 Standard for the Installation of Gas Appliances and Gas Piping, IBR approved for § 1910.110(b)(20)(iv)(a).
(11) NFPA 54A-1969 Standard for the Installation of Gas Piping and Gas Equipment on Industrial Premises and Certain Other Premises, IBR approved for § 1910.110(b)(20)(iv)(b).
(12) NFPA 58-1969 Standard for the Storage and Handling of Liquefied Petroleum Gases (ANSI Z106.1-1970), IBR approved for §§ 1910.110 (b)(3)(iv) and (i)(3) (i) and (ii); and 1910.178(f)(2).
(13) NFPA 59-1968 Standard for the Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants, IBR approved for §§ 1910.110 (b)(3)(iv) and (i)(2)(iv).
(14) NFPA 62-1967 Standard for the Prevention of Dust Explosions in the Production, Packaging, and Handling of Pulverized Sugar and Cocoa, IBR approved for § 1910.263(k)(2)(i).
(15) NFPA 68-1954 Guide for Explosion Venting, IBR approved for § 1910.94(a)(2)(iii).
(16) [Reserved]
(17) NFPA 78-1968 Lightning Protection Code, IBR approved for § 1910.109(i)(6)(ii).
(18) NFPA 80-1968 Standard for Fire Doors and Windows, IBR approved for § 1910.106(d)(4)(i).
(19) NFPA 80-1970 Standard for the Installation of Fire Doors and Windows, IBR approved for § 1910.253(f)(6)(i)(I).
(20) NFPA 86A-1969 Standard for Oven and Furnaces Design, Location and Equipment, IBR approved for §§ 1910.107 (j)(1) and (l)(3) and 1910.108 (b)(2) and (d)(2).
(21) NFPA 91-1961 Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying (ANSI Z33.1-61), IBR approved for § 1910.107(d)(1).
(22) NFPA 91-1969 Standards for Blower and Exhaust Systems, IBR approved for § 1910.108(b)(1).
(23) NFPA 96-1970 Standard for the Installation of Equipment for the Removal of Smoke and Grease Laden Vapors from Commercial Cooking Equipment, IBR approved for § 1910.110(b)(20)(iv)(d).
(24) NFPA 101-1970 Code for Life Safety From Fire in Buildings and Structures, IBR approved for § 1910.261(a)(4)(ii).
(25) NFPA 101-2009, Life Safety Code, 2009 edition, IBR approved for §§ 1910.34, 1910.35, 1910.36, and 1910.37.
(26) NFPA 203M-1970 Manual on Roof Coverings, IBR approved for § 1910.109(i)(1)(iii)(c).
(27) NFPA 251-1969 Standard Methods of Fire Tests of Building Construction and Materials, IBR approved for §§ 1910.106 (d)(3)(ii) introductory text and (d)(4)(i).
(28) NFPA 302-1968 Fire Protection Standard for Motor-Craft (Pleasure and Commercial), IBR approved for § 1910.265(d)(2)(iv) introductory text.
(29) NFPA 385-1966 Recommended Regulatory Standard for Tank Vehicles for Flammable and Combustible Liquids, IBR approved for § 1910.106(g)(1)(i)(e)(1).
(30) NFPA 496-1967 Standard for Purged Enclosures for Electrical Equipment in Hazardous Locations, IBR approved for § 1910.103(c)(1)(ix)(e)(1).
(31) NFPA 505-1969 Standard for Type Designations, Areas of Use, Maintenance, and Operation of Powered Industrial Trucks, IBR approved for § 1910.110(e)(2)(iv).
(32) NFPA 566-1965 Standard for the Installation of Bulk Oxygen Systems at Consumer Sites, IBR approved for §§ 1910.253 (b)(4)(iv) and (c)(2)(v).
(33) NFPA 656-1959 Code for the Prevention of Dust Ignition in Spice Grinding Plants, IBR approved for § 1910.263(k)(2)(i).
(34) NFPA 1971-1975 Protective Clothing for Structural Fire Fighting, IBR approved for § 1910.156(e)(3)(ii) introductory text.
(35) NFPA 51A (2001) Standard for Acetylene Cylinder Charging Plants, IBR approved for § 1910.102(b) and (c). Copies of NFPA 51A-2001 are available for purchase from the: National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-800-344-35557; e-mail: custserv@nfpa.org.
(36) NFPA 51A (2006) Standard for Acetylene Cylinder Charging Plants, IBR approved for § 1910.102(b) and (c). Copies of NFPA 51A-2006 are available for purchase from the: National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-800-344-35557; e-mail: custserv@nfpa.org.
(37) NFPA 30B, Code for the Manufacture and Storage of Aerosol Products, 2007 Edition, Approved August 17, 2006, IBR approved for Appendix B to § 1910.1200.
(y) The following material is available for purchase from the National Food Plant Institute, 1700 K St. NW., Washington, DC 20006:
(1) Definition and Test Procedures for Ammonium Nitrate Fertilizer (Nov. 1964), IBR approved for § 1910.109 Table H-22, ftn. 3.
(2) [Reserved]
(z) The following material is available for purchase from the National Institute for Occupational Safety and Health (NIOSH):
(1) Registry of Toxic Effects of Chemical Substances, 1978, IBR approved for § 1910.20(c)(13)(i) and appendix B.
(2) Development of Criteria for Fire Fighters Gloves; Vol. II, part II; Test Methods, 1976, IBR approved for § 1910.156(e)(4)(i) introductory text.
(3) NIOSH Recommendations for Occupational Safety and Health Standards (Sept. 1987), IBR approved for § 1910.120 PEL definition.
(aa) The following material is available for purchase from the Public Health Service:
(1) U.S. Pharmacopeia, IBR approved for § 1910.134(d)(1).
(2) Publication No. 934 (1962), Food Service Sanitation Ordinance and Code, part V of the Food Service Sanitation Manual, IBR approved for § 1910.142(i)(1).
(bb) The following material is available for purchase from the Society of Automotive Engineers (SAE), 485 Lexington Avenue, New York, NY 10017:
(1) SAE J185, June 1988, Recommended Practice for Access Systems for Off-Road Machines, IBR approved for § 1910.266(f)(5)(i).
(2) SAE J231, January 1981, Minimum Performance Criteria for Falling Object Protective Structure (FOPS), IBR approved for § 1910.266(f)(3)(ii).
(3) SAE J386, June 1985, Operator Restraint Systems for Off-Road Work Machines, IBR approved for § 1910.266(d)(3)(iv).
(4) SAE J397, April 1988, Deflection Limiting Volume-ROPS/FOPS Laboratory Evaluation, IBR approved for § 1910.266(f)(3)(iv).
(5) SAE 765 (1961) SAE Recommended Practice: Crane Loading Stability Test Code, IBR approved for § 1910.180 (c)(1)(iii) and (e)(2)(iii)( a ).
(6) SAE J1040, April 1988, Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry and Mining Machines, IBR approved for § 1910.266(f)(3)(ii).
(cc) The following material is available for purchase from Underwriters Laboratories (UL), 207 East Ohio Street, Chicago, IL 60611:
(1) UL 58-61 Steel Underground Tanks for Flammable and Combustible Liquids, 5th Ed., IBR approved for § 1910.106(b)(1)(iii)( a )( 1 ).
(2) UL 80-63 Steel Inside Tanks for Oil-Burner Fuel, IBR approved for § 1910.106(b)(1)(iii)( a )( 1 ).
(3) UL 142-68 Steel Above Ground Tanks for Flammable and Combustible Liquids, IBR approved for § 1910.106(b)(1)(iii)( a )( 1 ).
(dd) United Nations (UN), United Nations Publications, P.O. Box 960 Herndon, VA 20172; phone: (703) 661-1571;; email: order@un.org ; website: https://shop.un.org/ .
(1) ADR 2019, European Agreement Concerning the International Carriage of Dangerous Goods by Road; Annex A: General provisions and provisions concerning dangerous substances and articles; (Volumes I and II) including December 2018 corrigendum to Volume II, applicable January 1, 2019; IBR approved for § 1910.1200.
(2) ST/SG/AC.10/Rev.4 (“UN ST/SG/AC.10/Rev.4”), The UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, Fourth Revised Edition, 2003; IBR approved for appendix B to § 1910.1200.
(3) ST/SG/AC.10/11/Rev.6 (“UN ST/SG/AC.10/11/Rev.6”), Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, sixth revised edition, copyright 2015; IBR approved for appendix B to § 1910.1200.
§ 1910.7   Definition and requirements for a nationally recognized testing laboratory.
(a) Application. This section shall apply only when the term nationally recognized testing laboratory is used in other sections of this part.
(b) Laboratory requirements. The term nationally recognized testing laboratory (NRTL) means an organization which is recognized by OSHA in accordance with appendix A of this section and which tests for safety, and lists or labels or accepts, equipment or materials and which meets all of the following criteria:
(1) For each specified item of equipment or material to be listed, labeled or accepted, the NRTL has the capability (including proper testing equipment and facilities, trained staff, written testing procedures, and calibration and quality control programs) to perform:
(i) Testing and examining of equipment and materials for workplace safety purposes to determine conformance with appropriate test standards; or
(ii) Experimental testing and examining of equipment and materials for workplace safety purposes to determine conformance with appropriate test standards or performance in a specified manner.
(2) The NRTL shall provide, to the extent needed for the particular equipment or materials listed, labeled, or accepted, the following controls or services:
(i) Implements control procedures for identifying the listed and labeled equipment or materials;
(ii) Inspects the run of production of such items at factories for product evaluation purposes to assure conformance with the test standards; and
(iii) Conducts field inspections to monitor and to assure the proper use of its identifying mark or labels on products;
(3) The NRTL is completely independent of employers subject to the tested equipment requirements, and of any manufacturers or vendors of equipment or materials being tested for these purposes; and,
(4) The NRTL maintains effective procedures for:
(i) Producing creditable findings or reports that are objective and without bias; and
(ii) Handling complaints and disputes under a fair and reasonable system.
(c) Test standards. An appropriate test standard referred to in § 1910.7(b)(1) (i) and (ii) is a document which specifies the safety requirements for specific equipment or class of equipment and is:
(1) Recognized in the United States as a safety standard providing an adequate level of safety, and
(2) Compatible with and maintained current with periodic revisions of applicable national codes and installation standards, and
(3) Developed by a standards developing organization under a method providing for input and consideration of views of industry groups, experts, users, consumers, governmental authorities, and others having broad experience in the safety field involved, or
(4) In lieu of paragraphs (c) (1), (2), and (3), the standard is currently designated as an American National Standards Institute (ANSI) safety-designated product standard or an American Society for Testing and Materials (ASTM) test standard used for evaluation of products or materials.
(d) Alternative test standard. If a testing laboratory desires to use a test standard other than one allowed under paragraph (c) of this section, then the Assistant Secretary of Labor shall evaluate the proposed standard to determine that it provides an adequate level of safety before it is used.
(e) Implementation. A testing organization desiring recognition by OSHA as an NRTL shall request that OSHA evaluate its testing and control programs against the requirements in this section for any equipment or material it may specify. The recognition procedure shall be conducted in accordance with appendix A to this section.
(f) Fees. (1) Each applicant for NRTL recognition and each NRTL must pay fees for services provided by OSHA in advance of the provision of those services. OSHA will assess fees for the following services:
(i) Processing of applications for initial recognition, expansion of recognition, or renewal of recognition, including on-site reviews; review and evaluation of the applications; and preparation of reports, evaluations and Federal Register notices; and
(ii) Audits of sites.
(2) The fee schedule established by OSHA reflects the full cost of performing the activities for each service listed in paragraph (f)(1) of this section. OSHA calculates the fees based on either the average or actual time required to perform the work necessary; the staff costs per hour (which include wages, fringe benefits, and expenses other than travel for personnel that perform or administer the activities covered by the fees); and the average or actual costs for travel when on-site reviews are involved. The formula for the fee calculation is as follows:
(3)(i) OSHA will review the full costs periodically and will propose a revised fee schedule, if warranted. In its review, OSHA will apply the formula established in paragraph (f)(2) of this section to the current estimated full costs for the NRTL Program. If a change is warranted, OSHA will follow the implementation shown in paragraph (f)(4) of this section.
(ii) OSHA will publish all fee schedules in the Federal Register. Once published, a fee schedule remains in effect until it is superseded by a new fee schedule. Any member of the public may request a change to the fees included in the current fee schedule. Such a request must include appropriate documentation in support of the suggested change. OSHA will consider such requests during its annual review of the fee schedule.
(4) OSHA will implement periodic review, and fee assessment, collection, and payment, as follows:
Note: For the purposes of 29 CFR 1910.7(f)(4), “days” means “calendar days,” and “applicant” means “the NRTL” or “an applicant for NRTL recognition.”
(5) OSHA will provide details about how to pay the fees through appropriate OSHA Program Directives, which will be available on the OSHA web site.
This appendix provides requirements and criteria which OSHA will use to evaluate and recognize a Nationally Recognized Testing Laboratory (NRTL). This process will include the evaluation of the product evaluation and control programs being operated by the NRTL, as well as the NRTL's testing facilities being used in its program. In the evaluation of the NRTLs, OSHA will use either consensus-based standards currently in use nationally, or other standards or criteria which may be considered appropriate. This appendix implements the definition of NRTL in 29 CFR 1910.7 which sets out the criteria that a laboratory must meet to be recognized by OSHA (initially and on a continuing basis). The appendix is broader in scope, providing procedures for renewal, expansion and revocation of OSHA recognition. Except as otherwise provided, the burden is on the applicant to establish by a preponderance of the evidence that it is entitled to recognition as an NRTL. If further detailing of these requirements and criteria will assist the NRTLs or OSHA in this activity, this detailing will be done through appropriate OSHA Program Directives.
1. Eligibility. a. Any testing agency or organization considering itself to meet the definition of nationally recognized testing laboratory as specified in § 1910.7 may apply for OSHA recognition as an NRTL.
b. However, in determining eligibility for a foreign-based testing agency or organization, OSHA shall take into consideration the policy of the foreign government regarding both the acceptance in that country of testing data, equipment acceptances, and listings, and labeling, which are provided through nationally recognized testing laboratories recognized by the Assistant Secretary, and the accessibility to government recognition or a similar system in that country by U.S.-based safety-related testing agencies, whether recognized by the Assistant Secretary or not, if such recognition or a similar system is required by that country.
2. Content of application. a. The applicant shall provide sufficient information and detail demonstrating that it meets the requirements set forth in § 1910.7, in order for an informed decision concerning recognition to be made by the Assistant Secretary.
b. The applicant also shall identify the scope of the NRTL-related activity for which the applicant wishes to be recognized. This will include identifying the testing methods it will use to test or judge the specific equipment and materials for which recognition is being requested, unless such test methods are already specified in the test standard. If requested to do so by OSHA, the applicant shall provide documentation of the efficacy of these testing methods.
c. The applicant may include whatever enclosures, attachments, or exhibits the applicant deems appropriate. The application need not be submitted on a Federal form.
3. Filing office location. The application shall be filed with: NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
4. Amendments and withdrawals. a. An application may be revised by an applicant at any time prior to the completion of activity under paragraph I.B.4. of this appendix.
b. An application may be withdrawn by an applicant, without prejudice, at any time prior to the final decision by the Assistant Secretary in paragraph I.B.7.c. of this appendix.
1. Acceptance and on-site review. a. Applications submitted by eligible testing agencies will be accepted by OSHA, and their receipt acknowledged in writing. After receipt of an application, OSHA may request additional information if it believes information relevant to the requirements for recognition has been omitted.
b. OSHA shall, as necessary, conduct an on-site review of the testing facilities of the applicant, as well as the applicant's administrative and technical practices, and, if necessary, review any additional documentation underlying the application.
c. These on-site reviews will be conducted by qualified individuals technically expert in these matters, including, as appropriate, non-Federal consultants/contractors acceptable to OSHA. The protocol for each review will be based on appropriate national consensus standards or international guides, with such additions, changes, or deletions as may be considered necessary and appropriate in each case by OSHA. A written report shall be made of each on-site review and a copy shall be provided to the applicant.
2. Positive finding by staff. If, after review of the application, and additional information, and the on-site review report, the applicant appears to have met the requirements for recognition, a written recommendation shall be submitted by the responsible OSHA personnel to the Assistant Secretary that the application be approved, accompanied by a supporting explanation.
3. Negative finding by staff. —a. Notification to applicant. If, after review of the application, any additional information and the on-site review report, the applicant does not appear to have met the requirements for recognition, the responsible OSHA personnel shall notify the applicant in writing, listing the specific requirements of § 1910.7 and this appendix which the applicant has not met, and allow a reasonable period for response.
b. Revision of application. (i) After receipt of a notification of negative finding (i.e., for intended disapproval of the application), and within the response period provided, the applicant may:
( a ) Submit a revised application for further review, which could result in a positive finding by the responsible OSHA personnel pursuant to subsection I.B.2. of this appendix; or
( b ) Request that the original application be submitted to the Assistant Secretary with an attached statement of reasons, supplied by the applicant of why the application should be approved.
(ii) This procedure for applicant notification and potential revision shall be used only once during each recognition process.
4. Preliminary finding by Assistant Secretary. a. The Assistant Secretary, or a special designee for this purpose, will make a preliminary finding as to whether the applicant has or has not met the requirements for recognition, based on the completed application file, the written staff recommendation, and the statement of reasons supplied by the applicant if there remains a staff recommendation of disapproval.
b. Notification of this preliminary finding will be sent to the applicant and subsequently published in the Federal Register.
c. This preliminary finding shall not be considered an official decision by the Assistant Secretary or OSHA, and does not confer any change in status or any interim or temporary recognition for the applicant.
5. Public review and comment period —a. The Federal Register notice of preliminary finding will provide a period of not less than 30 calendar days for written comments on the applicant's fulfillment of the requirements for recognition. The application, supporting documents, staff recommendation, statement of applicant's reasons, and any comments received, will be available for public inspection in the OSHA Docket Office.
b. Any member of the public, including the applicant, may supply detailed reasons and evidence supporting or challenging the sufficiency of the applicant's having met the requirements of the definition in 29 CFR § 1910.7 and this appendix. Submission of pertinent documents and exhibits shall be made in writing by the close of the comment period.
6. Action after public comment —a. Final decision by Assistant Secretary. Where the public review and comment record supports the Assistant Secretary's preliminary finding concerning the application, i.e., absent any serious objections or substantive claims contrary to the preliminary finding having been received in writing from the public during the comment period, the Assistant Secretary will proceed to final written decision on the application. The reasons supporting this decision shall be derived from the evidence available as a result of the full application, the supporting documentation, the staff finding, and the written comments and evidence presented during the public review and comment period.
b. Public announcement. A copy of the Assistant Secretary's final decision will be provided to the applicant. Subsequently, a notification of the final decision shall be published in the Federal Register. The publication date will be the effective date of the recognition.
c. Review of final decision. There will be no further review activity available within the Department of Labor from the final decision of the Assistant Secretary.
7. Action after public objection —a. Review of negative information. At the discretion of the Assistant Secretary or his designee, OSHA may authorize Federal or contract personnel to initiate a special review of any information provided in the public comment record which appears to require resolution, before a final decision can be made.
b. Supplementation of record. The contents and results of special reviews will be made part of this record by the Assistant Secretary by either:
(i) Reopening the written comment period for public comments on these reviews; or
(ii) Convening an informal hearing to accept public comments on these reviews, conducted under applicable OSHA procedures for similar hearings.
c. Final decision by the Assistant Secretary. The Assistant Secretary shall issue a decision as to whether it has been demonstrated, based on a preponderance of the evidence, that the applicant meets the requirements for recognition. The reasons supporting this decision shall be derived from the evidence available as a result of the full application, the supporting documentation, the staff finding, the comments and evidence presented during the public review and comment period, and written to transcribed evidence received during any subsequent reopening of the written comment period or informal public hearing held.
d. Public announcement. A copy of the Assistant Secretary's final decision will be provided to the applicant, and a notification will be published in the Federal Register subsequently announcing the decision.
e. Review of final decision. There will be no further review activity available within the Department of Labor from the final decision of the Assistant Secretary.
1. The following terms and conditions shall be part of every recognition:
a. Letter of recognition. The recognition by OSHA of any NRTL will be evidenced by a letter of recognition from OSHA. The letter will provide the specific details of the scope of the OSHA recognition, including the specific equipment or materials for which OSHA recognition has been granted, as well as any specific conditions imposed by OSHA.
b. Period of recognition. The recognition by OSHA of each NRTL will be valid for five years, unless terminated before the expiration of the period. The dates of the period of recognition will be stated in the recognition letter.
c. Constancy in operations. The recognized NRTL shall continue to satisfy all the requirements or limitations in the letter of recognition during the period of recognition.
d. Accurate publicity. The OSHA-recognized NRTL shall not engage in or permit others to engage in misrepresentation of the scope or conditions of its recognition.
2. [Reserved]
A recognized NRTL may change a testing standard or elements incorporated in the standard such as testing methods or pass-fail criteria by notifying the Assistant Secretary of the change, certifying that the revised standard will be at least as effective as the prior standard, and providing the supporting data upon which its conclusions are based. The NRTL need not inform the Assistant Secretary of minor deviations from a test standard such as the use of new instrumentation that is more accurate or sensitive than originally called for in the standard. The NRTL also need not inform the Assistant Secretary of its adoption of revisions to third-party testing standards meeting the requirements of § 1910.7(c)(4), if such revisions have been developed by the standards developing organization, or of its adoption of revisions to other third-party test standards which the developing organization has submitted to OSHA. If, upon review, the Assistant Secretary or his designee determines that the proposed revised standard is not “substantially equivalent” to the previous version with regard to the level of safety obtained, OSHA will not accept the proposed testing standard by the recognized NRTL, and will initiate discontinuance of that aspect of OSHA-recognized activity by the NRTL by modification of the official letter of recognition. OSHA will publicly announce this action and the NRTL will be required to communicate this OSHA decision directly to affected manufacturers.
1. Eligibility. A recognized NRTL may apply to OSHA for an expansion of its current recognition to cover other categories of NRTL testing in addition to those included in the current recognition.
2. Procedure. a. OSHA will act upon and process the application for expansion in accordance with subsection I.B. of this appendix, except that the period for written comments, specified in paragraph 5.a of subsection I.B. of this appendix, will be not less than 15 calendar days.
b. In that process, OSHA may decide not to conduct an on-site review, where the substantive scope of the request to expand recognition is closely related to the current area of recognition.
c. The expiration date for each expansion of recognition shall coincide with the expiration date of the current basic recognition period.
1. Eligibility. A recognized NRTL may renew its recognition by filing a renewal request at the address in paragraph I.A.3. of this appendix not less than nine months, nor more than one year, before the expiration date of its current recognition.
2. Procedure. a. OSHA will process the renewal request in accordance with subsection I.B. of this appendix, except that the period for written comments, specified in paragraph 5.a of subsection I.B. of this appendix, will be not less than 15 calendar days.
b. In that process, OSHA may determine not to conduct the on-site reviews in I.B.1.a. where appropriate.
c. When a recognized NRTL has filed a timely and sufficient renewal request, its current recognition will not expire until a final decision has been made by OSHA on the request.
d. After the first renewal has been granted to the NRTL, the NRTL shall apply for a continuation of its recognition status every five years by submitting a renewal request. In lieu of submitting a renewal request after the initial renewal, the NRTL may certify its continuing compliance with the terms of its letter of recognition and 29 CFR 1910.7.
3. Alternative procedure. After the initial recognition and before the expiration thereof, OSHA may (for good cause) determine that there is a sufficient basis to dispense with the renewal requirement for a given laboratory and will so notify the laboratory of such a determination in writing. In lieu of submitting a renewal request, any laboratory so notified shall certify its continuing compliance with the terms of its letter of recognition and 29 CFR 1910.7.
At any time, a recognized NRTL may voluntarily terminate its recognition, either in its entirety or with respect to any area covered in its recognition, by giving written notice to OSHA. The written notice shall state the date as of which the termination is to take effect. The Assistant Secretary shall inform the public of any voluntary termination by Federal Register notice.
1. Potential causes. If an NRTL either has failed to continue to substantially satisfy the requirements of § 1910.7 or this appendix, or has not been reasonably performing the NRTL testing requirements encompassed within its letter of recognition, or has materially misrepresented itself in its applications or misrepresented the scope or conditions of its recognition, the Assistant Secretary may revoke the recognition of a recognized NRTL, in whole or in part. OSHA may initiate revocation procedures on the basis of information provided by any interested person.
2. Procedure. a. Before proposing to revoke recognition, the Agency will notify the recognized NRTL in writing, giving it the opportunity to rebut or correct the alleged deficiencies which would form the basis of the proposed revocation, within a reasonable period.
b. If the alleged deficiencies are not corrected or reconciled within a reasonable period, OSHA will propose, in writing to the recognized NRTL, to revoke recognition. If deemed appropriate, no other announcement need be made by OSHA.
c. The revocation shall be effective in 60 days unless within that period the recognized NRTL corrects the deficiencies or requests a hearing in writing.
d. If a hearing is requested, it shall be held before an administrative law judge of the Department of Labor pursuant to the rules specified in 29 CFR part 1905, subpart C.
e. The parties shall be OSHA and the recognized NRTL. The Assistant Secretary may allow other interested persons to participate in these hearings if such participation would contribute to the resolution of issues germane to the proceeding and not cause undue delay.
f. The burden of proof shall be on OSHA to demonstrate by a preponderance of the evidence that the recognition should be revoked because the NRTL is not meeting the requirements for recognition, has not been reasonably performing the product testing functions as required by § 1910.7, this appendix A, or the letter of recognition, or has materially misrepresented itself in its applications or publicity.
3. Final decision. a. After the hearing, the Administrative Law Judge shall issue a decision stating the reasons based on the record as to whether it has been demonstrated, based on a preponderance of evidence, that the applicant does not continue to meet the requirements for its current recognition.
b. Upon issuance of the decision, any party to the hearing may file exceptions within 20 days pursuant to 29 CFR 1905.28. If no exceptions are filed, this decision is the final decision of the Assistant Secretary. If objections are filed, the Administrative Law Judge shall forward the decision, exceptions and record to the Assistant Secretary for the final decision on the proposed revocation.
c. The Assistant Secretary will review the record, the decision by the Administrative Law Judge, and the exceptions filed. Based on this, the Assistant Secretary shall issue the final decision as to whether it has been demonstrated, by a preponderance of evidence, that the recognized NRTL has not continued to meet the requirements for OSHA recognition. If the Assistant Secretary finds that the NRTL does not meet the NRTL recognition requirements, the recognition will be revoked.
4. Public announcement. A copy of the Assistant Secretary's final decision will be provided to the applicant, and a notification will be published in the Federal Register announcing the decision, and the availability of the complete record of this proceeding at OSHA. The effective date of any revocation will be the date the final decision copy is sent to the NRTL.
5. Review of final decision. There will be no further review activity available within the Department of Labor from the final decision of the Assistant Secretary.
§ 1910.8   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.
§ 1910.9   Compliance duties owed to each employee.
(a) Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation.
(b) Training. Standards in this part requiring training on hazards and related matters, such as standards requiring that employees receive training or that the employer train employees, provide training to employees, or institute or implement a training program, impose a separate compliance duty with respect to each employee covered by the requirement. The employer must train each affected employee in the manner required by the standard, and each failure to train an employee may be considered a separate violation.
§ 1910.11   Scope and purpose.
(a) The provisions of this subpart B adopt and extend the applicability of, established Federal standards in effect on April 28, 1971, with respect to every employer, employee, and employment covered by the Act.
(b) It bears emphasis that only standards (i.e., substantive rules) relating to safety or health are adopted by any incorporations by reference of standards prescribed elsewhere in this chapter or this title. Other materials contained in the referenced parties are not adopted. Illustrations of the types of materials which are not adopted are these. The incorporations by reference of parts 1915, 1916, 1917, 1918 in §§ 1910.13, 1910.14, 1910.15, and 1910.16 are not intended to include the discussion in those parts of the coverage of the Longshoremen's and Harbor Workers' Compensation Act or the penalty provisions of the Act. Similarly, the incorporation by reference of part 1926 in § 1910.12 is not intended to include references to interpretative rules having relevance to the application of the Construction Safety Act, but having no relevance to the application to the Occupational Safety and Health Act.
§ 1910.12   Construction work.
(a) Standards. The standards prescribed in part 1926 of this chapter are adopted as occupational safety and health standards under section 6 of the Act and shall apply, according to the provisions thereof, to every employment and place of employment of every employee engaged in construction work. Each employer shall protect the employment and places of employment of each of his employees engaged in construction work by complying with the appropriate standards prescribed in this paragraph.
(b) Definition. For purposes of this section, Construction work means work for construction, alteration, and/or repair, including painting and decorating. See discussion of these terms in § 1926.13 of this title.
(c) Construction Safety Act distinguished. This section adopts as occupational safety and health standards under section 6 of the Act the standards which are prescribed in part 1926 of this chapter. Thus, the standards (substantive rules) published in subpart C and the following subparts of part 1926 of this chapter are applied. This section does not incorporate subparts A and B of part 1926 of this chapter. Subparts A and B have pertinence only to the application of section 107 of the Contract Work Hours and Safety Standards Act (the Construction Safety Act). For example, the interpretation of the term “subcontractor” in paragraph (c) of § 1926.13 of this chapter is significant in discerning the coverage of the Construction Safety Act and duties thereunder. However, the term “subcontractor” has no significance in the application of the Act, which was enacted under the Commerce Clause and which establishes duties for “employers” which are not dependent for their application upon any contractual relationship with the Federal Government or upon any form of Federal financial assistance.
(d) For the purposes of this part, to the extent that it may not already be included in paragraph (b) of this section, “construction work” includes the erection of new electric transmission and distribution lines and equipment, and the alteration, conversion, and improvement of the existing transmission and distribution lines and equipment.
§ 1910.15   Shipyard employment.
(a) Adoption and extension of established safety and health standards for shipyard employment. The standards prescribed by part 1915 (formerly parts 1501-1503) of this title and in effect on April 28, 1971 (as revised), are adopted as occupational safety or health standards under section 6(a) of the Act and shall apply, according to the provisions thereof, to every employment and place of employment of every employee engaged in ship repair, shipbreaking, and shipbuilding, or a related employment. Each employer shall protect the employment and places of employment of each of his employees engaged in ship repair, shipbreaking, and shipbuilding, or a related employment, by complying with the appropriate standards prescribed by this paragraph.
(b) Definitions. For purposes of this section:
(1) Ship repair means any repair of a vessel, including, but not restricted to, alterations, conversions, installations, cleaning, painting, and maintenance work;
(2) Shipbreaking means any breaking down of a vessel's structure for the purpose of scrapping the vessel, including the removal of gear, equipment, or any component of a vessel;
(3) Shipbuilding means the construction of a vessel, including the installation of machinery and equipment;
(4) Related employment means any employment performed as an incident to, or in conjunction with, ship repair, shipbreaking, and shipbuilding work, including, but not restricted to, inspection, testing, and employment as a watchman; and
(5) Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for, or used as a means of, transportation on water.
§ 1910.16   Longshoring and marine terminals.
(a) Safety and health standards for longshoring. (1) Part 1918 of this chapter shall apply exclusively, according to the provisions thereof, to all employment of every employee engaged in longshoring operations or related employment aboard any vessel. All cargo transfer accomplished with the use of shore-based material handling devices shall be governed by part 1917 of this chapter.
(2) Part 1910 does not apply to longshoring operations except for the following provisions:
(i) Access to employee exposure and medical records. Subpart Z, § 1910.1020;
(ii) Commercial diving operations. Subpart T;
(iii) Electrical. Subpart S when shore-based electrical installations provide power for use aboard vessels;
(iv) Hazard communication. Subpart Z, § 1910.1200;
(v) Ionizing radiation. Subpart Z, § 1910.1096;
(vi) Noise. Subpart G, § 1910.95;
(vii) Nonionizing radiation. Subpart G, § 1910.97;
Exposures to nonionizing radiation emissions from commercial vessel transmitters are considered hazardous under the following conditions: (1) where the radar is transmitting, the scanner is stationary, and the exposure distance is 18.7 feet (6 m.) or less; or (2) where the radar is transmitting, the scanner is rotating, and the exposure distance is 5.2 feet (1.8 m.) or less.
(viii) Respiratory protection. Subpart I, § 1910.134;
(ix) Toxic and hazardous substances. Subpart Z applies to marine cargo handling activities except for the following:
(A) When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements; 1
1 The International Maritime Organization publishes the International Maritime Dangerous Goods Code to aid compliance with the international legal requirements of the International Convention for the Safety of Life at Sea, 1960.
(B) Bloodborne pathogens, § 1910.1030;
(C) Carbon monoxide, § 1910.1000 (See § 1918.94 (a)); and
(D) Hydrogen sulfide, § 1910.1000 (See § 1918.94 (f)).
(x) Powered industrial truck operator training, Subpart N, § 1910.178(l).
(b) Safety and health standards for marine terminals. Part 1917 of this chapter shall apply exclusively, according to the provisions thereof, to employment within a marine terminal, except as follows:
(1) The provisions of part 1917 of this chapter do not apply to the following:
(i) Facilities used solely for the bulk storage, handling, and transfer of flammable and combustible liquids and gases.
(ii) Facilities subject to the regulations of the Office of Pipeline Safety of the Research and Special Programs Administration, Department of Transportation (49 CFR chapter I, subchapter D), to the extent such regulations apply to specific working conditions.
(iii) Fully automated bulk coal handling facilities contiguous to electrical power generating plants.
(2) Part 1910 does not apply to marine terminals except for the following:
(i) Abrasive blasting. Subpart G, § 1910.94(a);
(ii) Access to employee exposure and medical records. Subpart Z, § 1910.1020;
(iii) Commercial diving operations. Subpart T;
(iv) Electrical. Subpart S;
(v) Grain handling facilities. Subpart R, § 1910.272;
(vi) Hazard communication. Subpart Z, § 1910.1200;
(vii) Ionizing radiation. Subpart Z, § 1910.1096;
(viii) Noise. Subpart G, § 1910.95;
(ix) Nonionizing radiation. Subpart G, § 1910.97.
(x) Respiratory protection. Subpart I, § 1910.134.
(xi) Safety requirements for scaffolding. Subpart D, § 1910.28;
(xii) Servicing multi-piece and single piece rim wheels. Subpart N, § 1910.177;
(xiii) Toxic and hazardous substances. Subpart Z applies to marine cargo handling activities except for the following:
(A) When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements; 2
2 The International Maritime Organization publishes the International Maritime Dangerous Goods Code to aid compliance with the international legal requirements of the International Convention for the Safety of Life at Sea, 1960.
(B) Bloodborne pathogens, § 1910.1030;
(C) Carbon monoxide, § 1910.1000 (See § 1917.24(a)); and
(D) Hydrogen sulfide, § 1910.1000 (See § 1917.73(a)(2)); and
(xiv) Powered industrial truck operator training, subpart N, § 1910.178(l).
(c) Definitions. For purposes of this section:
(1) Longshoring operation means the loading, unloading, moving, or handling of, cargo, ship's stores, gear, etc., into, in, on, or out of any vessel;
(2) Related employment means any employment performed as an incident to or in conjunction with, longshoring operations including, but not restricted to, securing cargo, rigging, and employment as a porter, checker, or watchman; and
(3) Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for, or used as a means of, transportation on water.
(4) Marine terminal means wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or adjacent areas and structures associated with the primary movement of cargo or materials from vessel to shore or shore to vessel including structures which are devoted to receiving, handling, holding, consolidation and loading or delivery of waterborne shipments or passengers, including areas devoted to the maintenance of the terminal or equipment. The term does not include production or manufacturing areas having their own docking facilities and located at a marine terminal nor does the term include storage facilities directly associated with those production or manufacturing areas.
§ 1910.17   Effective dates.
(a)-(b) [Reserved]
(c) Except whenever any employment or place of employment is, or becomes, subject to any safety and health standard prescribed in part 1915, 1916, 1917, 1918, or 1926 of this title on a date before August 27, 1971, by virtue of the Construction Safety Act or the Longshoremen's and Harbor Workers' Compensation Act, that occupational safety and health standard as incorporated by reference in this subpart shall also become effective under the Williams-Steiger Occupational Safety and Health Act of 1970 on that date.
§ 1910.18   Changes in established Federal standards.
Whenever an occupational safety and health standard adopted and incorporated by reference in this subpart B is changed pursuant to section 6(b) of the Act and the statute under which the standard was originally promulgated, and in accordance with part 1911 of this chapter, the standard shall be deemed changed for purposes of that statute and this subpart B, and shall apply under this subpart B. For the purposes of this section, a change in a standard includes any amendment, addition, or repeal, in whole or in part, of any standard.
§ 1910.19   Special provisions for air contaminants.
(a) Asbestos, tremolite, anthophyllite, and actinolite dust. Section 1910.1001 shall apply to the exposure of every employee to asbestos, tremolite, anthophyllite, and actinolite dust in every employment and place of employment covered by § 1910.16, in lieu of any different standard on exposure to asbestos, tremolite, anthophyllite, and actinolite dust which would otherwise be applicable by virtue of any of those sections.
(b) Vinyl chloride. Section 1910.1017 shall apply to the exposure of every employee to vinyl chloride in every employment and place of employment covered by § 1910.12, § 1910.13, § 1910.14, § 1910.15, or § 1910.16, in lieu of any different standard on exposure to vinyl chloride which would otherwise be applicable by virtue of any of those sections.
(c) Acrylonitrile. Section 1910.1045 shall apply to the exposure of every employee to acrylonitrile in every employment and place of employment covered by § 1910.12, § 1910.13, § 1910.14, § 1910.15, or § 1910.16, in lieu of any different standard on exposure to acrylonitrile which would otherwise be applicable by virtue of any of those sections.
(d) [Reserved]
(e) Inorganic arsenic. Section 1910.1018 shall apply to the exposure of every employee to inorganic arsenic in every employment covered by § 1910.12, § 1910.13, § 1910.14, § 1910.15, or § 1910.16, in lieu of any different standard on exposure to inorganic arsenic which would otherwise be applicable by virtue of any of those sections.
(f) [Reserved]
(g) Lead. Section 1910.1025 shall apply to the exposure of every employee to lead in every employment and place of employment covered by §§ 1910.13, 1910.14, 1910.15, and 1910.16, in lieu of any different standard on exposure to lead which would otherwise be applicable by virtue of those sections.
(h) Ethylene oxide. Section 1910.1047 shall apply to the exposure of every employee to ethylene oxide in every employment and place of employment covered by § 1910.12, § 1910.13, § 1910.14, § 1910.15, or § 1910.16, in lieu of any different standard on exposure to ethylene oxide which would otherwise be applicable by virtue of those sections.
(i) 4,4′-Methylenedianiline (MDA). Section 1910.1050 shall apply to the exposure of every employee to MDA in every employment and place of employment covered by § 1910.13, § 1910.14, § 1910.15, or § 1910.16, in lieu of any different standard on exposure to MDA which would otherwise be applicable by virtue of those sections.
(j) Formaldehyde. Section 1910.1048 shall apply to the exposure of every employee to formaldehyde in every employment and place of employment covered by § 1910.12, § 1910.13, § 1910.14, § 1910.15 or § 1910.16 in lieu of any different standard on exposure to formaldehyde which would otherwise be applicable by virtue of those sections.
(k) Cadmium. Section 1910.1027 shall apply to the exposure of every employee to cadmium in every employment and place of employment covered by § 1910.16 in lieu of any different standard on exposures to cadmium that would otherwise be applicable by virtue of those sections.
(l) 1,3-Butadiene (BD). Section 1910.1051 shall apply to the exposure of every employee to BD in every employment and place of employment covered by § 1910.12, § 1910.13, § 1910.14, § 1910.15, or § 1910.16, in lieu of any different standard on exposure to BD which would otherwise be applicable by virtue of those sections.
(m) Methylene chloride (MC). Section 1910.1052 shall apply to the exposure of every employee to MC in every employment and place of employment covered by § 1910.16 in lieu of any different standard on exposure to MC which would otherwise be applicable by virtue of that section when it is not present in sealed, intact containers.
§ 1910.21   Scope and definitions.
(a) Scope. This subpart applies to all general industry workplaces. It covers all walking-working surfaces unless specifically excluded by an individual section of this subpart.
(b) Definitions. The following definitions apply in this subpart:
Alternating tread-type stair means a type of stairway consisting of a series of treads that usually are attached to a center support in an alternating manner such that an employee typically does not have both feet on the same level while using the stairway.
Anchorage means a secure point of attachment for equipment such as lifelines, lanyards, deceleration devices, and rope descent systems.
Authorized means an employee who the employer assigns to perform a specific type of duty, or allows in a specific location or area.
Cage means an enclosure mounted on the side rails of a fixed ladder or fastened to a structure behind the fixed ladder that is designed to surround the climbing space of the ladder. A cage also is called a “cage guard” or “basket guard.”
Carrier means the track of a ladder safety system that consists of a flexible cable or rigid rail attached to the fixed ladder or immediately adjacent to it.
Combination ladder means a portable ladder that can be used as a stepladder, extension ladder, trestle ladder, or stairway ladder. The components of a combination ladder also may be used separately as a single ladder.
Dangerous equipment means equipment, such as vats, tanks, electrical equipment, machinery, equipment or machinery with protruding parts, or other similar units, that, because of their function or form, may harm an employee who falls into or onto the equipment.
Designated area means a distinct portion of a walking-working surface delineated by a warning line in which employees may perform work without additional fall protection.
Dockboard means a portable or fixed device that spans a gap or compensates for a difference in elevation between a loading platform and a transport vehicle. Dockboards include, but are not limited to, bridge plates, dock plates, and dock levelers.
Equivalent means alternative designs, equipment, materials, or methods, that the employer can demonstrate will provide an equal or greater degree of safety for employees compared to the designs, equipment, materials, or methods specified in this subpart.
Extension ladder means a non-self-supporting portable ladder that is adjustable in length.
Failure means a load refusal, breakage, or separation of component parts. A load refusal is the point at which the ultimate strength of a component or object is exceeded.
Fall hazard means any condition on a walking-working surface that exposes an employee to a risk of harm from a fall on the same level or to a lower level.
Fall protection means any equipment, device, or system that prevents an employee from falling from an elevation or mitigates the effect of such a fall.
Fixed ladder means a ladder with rails or individual rungs that is permanently attached to a structure, building, or equipment. Fixed ladders include individual-rung ladders, but not ship stairs, step bolts, or manhole steps.
Grab bar means an individual horizontal or vertical handhold installed to provide access above the height of the ladder.
Guardrail system means a barrier erected along an unprotected or exposed side, edge, or other area of a walking-working surface to prevent employees from falling to a lower level.
Handrail means a rail used to provide employees with a handhold for support.
Hoist area means any elevated access opening to a walking-working surface through which equipment or materials are loaded or received.
Hole means a gap or open space in a floor, roof, horizontal walking-working surface, or similar surface that is at least 2 inches (5 cm) in its least dimension.
Individual-rung ladder means a ladder that has rungs individually attached to a building or structure. An individual-rung ladder does not include manhole steps.
Ladder means a device with rungs, steps, or cleats used to gain access to a different elevation.
Ladder safety system means a system designed to eliminate or reduce the possibility of falling from a ladder. A ladder safety system usually consists of a carrier, safety sleeve, lanyard, connectors, and body harness. Cages and wells are not ladder safety systems.
Low-slope roof means a roof that has a slope less than or equal to a ratio of 4 in 12 (vertical to horizontal).
Lower level means a surface or area to which an employee could fall. Such surfaces or areas include, but are not limited to, ground levels, floors, roofs, ramps, runways, excavations, pits, tanks, materials, water, equipment, and similar surfaces and structures, or portions thereof.
Manhole steps means steps that are individually attached to, or set into, the wall of a manhole structure.
Maximum intended load means the total load (weight and force) of all employees, equipment, vehicles, tools, materials, and other loads the employer reasonably anticipates to be applied to a walking-working surface at any one time.
Mobile means manually propelled or moveable.
Mobile ladder stand (ladder stand) means a mobile, fixed-height, self-supporting ladder that usually consists of wheels or casters on a rigid base and steps leading to a top step. A mobile ladder stand also may have handrails and is designed for use by one employee at a time.
Mobile ladder stand platform means a mobile, fixed-height, self-supporting unit having one or more standing platforms that are provided with means of access or egress.
Open riser means the gap or space between treads of stairways that do not have upright or inclined members (risers).
Opening means a gap or open space in a wall, partition, vertical walking-working surface, or similar surface that is at least 30 inches (76 cm) high and at least 18 inches (46 cm) wide, through which an employee can fall to a lower level.
Personal fall arrest system means a system used to arrest an employee in a fall from a walking-working surface. It consists of a body harness, anchorage, and connector. The means of connection may include a lanyard, deceleration device, lifeline, or a suitable combination of these.
Personal fall protection system means a system (including all components) an employer uses to provide protection from falling or to safely arrest an employee's fall if one occurs. Examples of personal fall protection systems include personal fall arrest systems, positioning systems, and travel restraint systems.
Platform means a walking-working surface that is elevated above the surrounding area.
Portable ladder means a ladder that can readily be moved or carried, and usually consists of side rails joined at intervals by steps, rungs, or cleats.
Positioning system (work-positioning system) means a system of equipment and connectors that, when used with a body harness or body belt, allows an employee to be supported on an elevated vertical surface, such as a wall or window sill, and work with both hands free. Positioning systems also are called “positioning system devices” and “work-positioning equipment.”
Qualified describes a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.
Ramp means an inclined walking-working surface used to access another level.
Riser means the upright (vertical) or inclined member of a stair that is located at the back of a stair tread or platform and connects close to the front edge of the next higher tread, platform, or landing.
Rope descent system means a suspension system that allows an employee to descend in a controlled manner and, as needed, stop at any point during the descent. A rope descent system usually consists of a roof anchorage, support rope, a descent device, carabiner(s) or shackle(s), and a chair (seatboard). A rope descent system also is called controlled descent equipment or apparatus. Rope descent systems do not include industrial rope access systems.
Rung, step, or cleat means the cross-piece of a ladder on which an employee steps to climb up and down.
Runway means an elevated walking-working surface, such as a catwalk, a foot walk along shafting, or an elevated walkway between buildings.
Scaffold means any temporary elevated or suspended platform and its supporting structure, including anchorage points, used to support employees, equipment, materials, and other items. For purposes of this subpart, a scaffold does not include a crane-suspended or derrick-suspended personnel platform or a rope descent system.
Ship stair (ship ladder) means a stairway that is equipped with treads, stair rails, and open risers, and has a slope that is between 50 and 70 degrees from the horizontal.
Side-step ladder means a type of fixed ladder that requires an employee to step sideways from it in order to reach a walking-working surface, such as a landing.
Spiral stairs means a series of treads attached to a vertical pole in a winding fashion, usually within a cylindrical space.
Stair rail or stair rail system means a barrier erected along the exposed or open side of stairways to prevent employees from falling to a lower level.
Stairway (stairs) means risers and treads that connect one level with another, and includes any landings and platforms in between those levels. Stairways include standard, spiral, alternating tread-type, and ship stairs.
Standard stairs means a fixed or permanently installed stairway. Ship, spiral, and alternating tread-type stairs are not considered standard stairs.
Step bolt (pole step) means a bolt or rung attached at intervals along a structural member used for foot placement and as a handhold when climbing or standing.
Stepladder means a self-supporting, portable ladder that has a fixed height, flat steps, and a hinged back.
Stepstool means a self-supporting, portable ladder that has flat steps and side rails. For purposes of the final rule, stepstool includes only those ladders that have a fixed height, do not have a pail shelf, and do not exceed 32 inches (81 cm) in overall height to the top cap, although side rails may extend above the top cap. A stepstool is designed so an employee can climb and stand on all of the steps and the top cap.
Through ladder means a type of fixed ladder that allows the employee to step through the side rails at the top of the ladder to reach a walking-working surface, such as a landing.
Tieback means an attachment between an anchorage ( e.g., structural member) and a supporting device ( e.g., parapet clamp or cornice hook).
Toeboard means a low protective barrier that is designed to prevent materials, tools, and equipment from falling to a lower level, and protect employees from falling.
Travel restraint system means a combination of an anchorage, anchorage connector, lanyard (or other means of connection), and body support that an employer uses to eliminate the possibility of an employee going over the edge of a walking-working surface.
Tread means a horizontal member of a stair or stairway, but does not include landings or platforms.
Unprotected sides and edges mean any side or edge of a walking-working surface (except at entrances and other points of access) where there is no wall, guardrail system, or stair rail system to protect an employee from falling to a lower level.
Walking-working surface means any horizontal or vertical surface on or through which an employee walks, works, or gains access to a work area or workplace location.
Warning line means a barrier erected to warn employees that they are approaching an unprotected side or edge, and which designates an area in which work may take place without the use of other means of fall protection.
Well means a permanent, complete enclosure around a fixed ladder.
§ 1910.22   General requirements.
(a) Surface conditions. The employer must ensure:
(1) All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.
(2) The floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition. When wet processes are used, drainage must be maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats must be provided.
(3) Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.
(b) Loads. The employer must ensure that each walking-working surface can support the maximum intended load for that surface.
(c) Access and egress. The employer must provide, and ensure each employee uses, a safe means of access and egress to and from walking-working surfaces.
(d) Inspection, maintenance, and repair. The employer must ensure:
(1) Walking-working surfaces are inspected, regularly and as necessary, and maintained in a safe condition;
(2) Hazardous conditions on walking-working surfaces are corrected or repaired before an employee uses the walking-working surface again. If the correction or repair cannot be made immediately, the hazard must be guarded to prevent employees from using the walking-working surface until the hazard is corrected or repaired; and
(3) When any correction or repair involves the structural integrity of the walking-working surface, a qualified person performs or supervises the correction or repair.
§ 1910.23   Ladders.
(a) Application. The employer must ensure that each ladder used meets the requirements of this section. This section covers all ladders, except when the ladder is:
(1) Used in emergency operations such as firefighting, rescue, and tactical law enforcement operations, or training for these operations; or
(2) Designed into or is an integral part of machines or equipment.
(b) General requirements for all ladders. The employer must ensure:
(1) Ladder rungs, steps, and cleats are parallel, level, and uniformly spaced when the ladder is in position for use;
(2) Ladder rungs, steps, and cleats are spaced not less than 10 inches (25 cm) and not more than 14 inches (36 cm) apart, as measured between the centerlines of the rungs, cleats, and steps, except that:
(i) Ladder rungs and steps in elevator shafts must be spaced not less than 6 inches (15 cm) apart and not more than 16.5 inches (42 cm) apart, as measured along the ladder side rails; and
(ii) Fixed ladder rungs and steps on telecommunication towers must be spaced not more than 18 inches (46 cm) apart, measured between the centerlines of the rungs or steps;
(3) Steps on stepstools are spaced not less than 8 inches (20 cm) apart and not more than 12 inches (30 cm) apart, as measured between the centerlines of the steps;
(4) Ladder rungs, steps, and cleats have a minimum clear width of 11.5 inches (29 cm) on portable ladders and 16 inches (41 cm) (measured before installation of ladder safety systems) for fixed ladders, except that:
(i) The minimum clear width does not apply to ladders with narrow rungs that are not designed to be stepped on, such as those located on the tapered end of orchard ladders and similar ladders;
(ii) Rungs and steps of manhole entry ladders that are supported by the manhole opening must have a minimum clear width of 9 inches (23 cm);
(iii) Rungs and steps on rolling ladders used in telecommunication centers must have a minimum clear width of 8 inches (20 cm); and
(iv) Stepstools have a minimum clear width of 10.5 inches (26.7 cm);
(5) Wooden ladders are not coated with any material that may obscure structural defects;
(6) Metal ladders are made with corrosion-resistant material or protected against corrosion;
(7) Ladder surfaces are free of puncture and laceration hazards;
(8) Ladders are used only for the purposes for which they were designed;
(9) Ladders are inspected before initial use in each work shift, and more frequently as necessary, to identify any visible defects that could cause employee injury;
(10) Any ladder with structural or other defects is immediately tagged “Dangerous: Do Not Use” or with similar language in accordance with § 1910.145 and removed from service until repaired in accordance with § 1910.22(d), or replaced;
(11) Each employee faces the ladder when climbing up or down it;
(12) Each employee uses at least one hand to grasp the ladder when climbing up and down it; and
(13) No employee carries any object or load that could cause the employee to lose balance and fall while climbing up or down the ladder.
(c) Portable ladders. The employer must ensure:
(1) Rungs and steps of portable metal ladders are corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize the possibility of slipping;
(2) Each stepladder or combination ladder used in a stepladder mode is equipped with a metal spreader or locking device that securely holds the front and back sections in an open position while the ladder is in use;
(3) Ladders are not loaded beyond the maximum intended load;
The maximum intended load, as defined in § 1910.21(b), includes the total load (weight and force) of the employee and all tools, equipment, and materials being carried.
(4) Ladders are used only on stable and level surfaces unless they are secured or stabilized to prevent accidental displacement;
(5) No portable single rail ladders are used;
(6) No ladder is moved, shifted, or extended while an employee is on it;
(7) Ladders placed in locations such as passageways, doorways, or driveways where they can be displaced by other activities or traffic:
(i) Are secured to prevent accidental displacement; or
(ii) Are guarded by a temporary barricade, such as a row of traffic cones or caution tape, to keep the activities or traffic away from the ladder;
(8) The cap (if equipped) and top step of a stepladder are not used as steps;
(9) Portable ladders used on slippery surfaces are secured and stabilized;
(10) The top of a non-self-supporting ladder is placed so that both side rails are supported, unless the ladder is equipped with a single support attachment;
(11) Portable ladders used to gain access to an upper landing surface have side rails that extend at least 3 feet (0.9 m) above the upper landing surface (see Figure D-1 of this section);
(12) Ladders and ladder sections are not tied or fastened together to provide added length unless they are specifically designed for such use;
(13) Ladders are not placed on boxes, barrels, or other unstable bases to obtain additional height.
(d) Fixed ladders. The employer must ensure:
(1) Fixed ladders are capable of supporting their maximum intended load;
(2) The minimum perpendicular distance from the centerline of the steps or rungs, or grab bars, or both, to the nearest permanent object in back of the ladder is 7 inches (18 cm), except for elevator pit ladders, which have a minimum perpendicular distance of 4.5 inches (11 cm);
(3) Grab bars do not protrude on the climbing side beyond the rungs of the ladder that they serve;
(4) The side rails of through or side-step ladders extend at least 42 inches (1.1 m) above the top of the access level or landing platform served by the ladder. For parapet ladders, the access level is:
(i) The roof, if the parapet is cut to permit passage through the parapet; or
(ii) The top of the parapet, if the parapet is continuous;
(5) For through ladders, the steps or rungs are omitted from the extensions, and the side rails are flared to provide not less than 24 inches (61cm) and not more than 30 inches (76 cm) of clearance. When a ladder safety system is provided, the maximum clearance between side rails of the extension must not exceed 36 inches (91 cm);
(6) For side-step ladders, the side rails, rungs, and steps must be continuous in the extension (see Figure D-2 of this section);
(7) Grab bars extend 42 inches (1.1 m) above the access level or landing platforms served by the ladder;
(8) The minimum size (cross-section) of grab bars is the same size as the rungs of the ladder.
(9) When a fixed ladder terminates at a hatch (see Figure D-3 of this section), the hatch cover:
(i) Opens with sufficient clearance to provide easy access to or from the ladder; and
(ii) Opens at least 70 degrees from horizontal if the hatch is counterbalanced;
(10) Individual-rung ladders are constructed to prevent the employee's feet from sliding off the ends of the rungs (see Figure D-4 of this section);
(11) Fixed ladders having a pitch greater than 90 degrees from the horizontal are not used;
(12) The step-across distance from the centerline of the rungs or steps is:
(i) For through ladders, not less than 7 inches (18 cm) and not more than 12 inches (30 cm) to the nearest edge of the structure, building, or equipment accessed from the ladders;
(ii) For side-step ladders, not less than 15 inches (38 cm) and not more than 20 inches (51 cm) to the access points of the platform edge;
(13) Fixed ladders that do not have cages or wells have:
(i) A clear width of at least 15 inches (38 cm) on each side of the ladder centerline to the nearest permanent object; and
(ii) A minimum perpendicular distance of 30 inches (76 cm) from the centerline of the steps or rungs to the nearest object on the climbing side. When unavoidable obstructions are encountered, the minimum clearance at the obstruction may be reduced to 24 inches (61 cm), provided deflector plates are installed (see Figure D-5 of this section).
Section 1910.28 establishes the employer's duty to provide fall protection for employees on fixed ladders, and § 1910.29 specifies the criteria for fall protection systems for fixed ladders.
(e) Mobile ladder stands and mobile ladder stand platforms —(1) General requirements. The employer must ensure:
(i) Mobile ladder stands and platforms have a step width of at least 16 inches (41 cm);
(ii) The steps and platforms of mobile ladder stands and platforms are slip resistant. Slip-resistant surfaces must be either an integral part of the design and construction of the mobile ladder stand and platform, or provided as a secondary process or operation, such as dimpling, knurling, shotblasting, coating, spraying, or applying durable slip-resistant tapes;
(iii) Mobile ladder stands and platforms are capable of supporting at least four times their maximum intended load;
(iv) Wheels or casters under load are capable of supporting their proportional share of four times the maximum intended load, plus their proportional share of the unit's weight;
(v) Unless otherwise specified in this section, mobile ladder stands and platforms with a top step height of 4 feet (1.2 m) or above have handrails with a vertical height of 29.5 inches (75 cm) to 37 inches (94 cm), measured from the front edge of a step. Removable gates or non-rigid members, such as chains, may be used instead of handrails in special-use applications;
(vi) The maximum work-surface height of mobile ladder stands and platforms does not exceed four times the shortest base dimension, without additional support. For greater heights, outriggers, counterweights, or comparable means that stabilize the mobile ladder stands and platforms and prevent overturning must be used;
(vii) Mobile ladder stands and platforms that have wheels or casters are equipped with a system to impede horizontal movement when an employee is on the stand or platform; and
(viii) No mobile ladder stand or platform moves when an employee is on it.
(2) Design requirements for mobile ladder stands. The employer must ensure:
(i) Steps are uniformly spaced and arranged, with a rise of not more than 10 inches (25 cm) and a depth of not less than 7 inches (18 cm). The slope of the step stringer to which the steps are attached must not be more than 60 degrees, measured from the horizontal;
(ii) Mobile ladder stands with a top step height above 10 feet (3 m) have the top step protected on three sides by a handrail with a vertical height of at least 36 inches (91 cm); and top steps that are 20 inches (51 cm) or more, front to back, have a midrail and toeboard. Removable gates or non-rigid members, such as chains, may be used instead of handrails in special-use applications; and
(iii) The standing area of mobile ladder stands is within the base frame.
(3) Design requirements for mobile ladder stand platforms. The employer must ensure:
(i) Steps of mobile ladder stand platforms meet the requirements of paragraph (e)(2)(i) of this section. When the employer demonstrates that the requirement is not feasible, steeper slopes or vertical rung ladders may be used, provided the units are stabilized to prevent overturning;
(ii) Mobile ladder stand platforms with a platform height of 4 to 10 feet (1.2 m to 3 m) have, in the platform area, handrails with a vertical height of at least 36 inches (91 cm) and midrails; and
(iii) All ladder stand platforms with a platform height above 10 feet (3 m) have guardrails and toeboards on the exposed sides and ends of the platform.
(iv) Removable gates or non-rigid members, such as chains, may be used on mobile ladder stand platforms instead of handrails and guardrails in special-use applications.
§ 1910.24   Step bolts and manhole steps.
(a) Step bolts. The employer must ensure:
(1) Each step bolt installed on or after January 17, 2017 in an environment where corrosion may occur is constructed of, or coated with, material that protects against corrosion;
(2) Each step bolt is designed, constructed, and maintained to prevent the employee's foot from slipping off the end of the step bolt;
(3) Step bolts are uniformly spaced at a vertical distance of not less than 12 inches (30 cm) and not more than 18 inches (46 cm) apart, measured center to center (see Figure D-6 of this section). The spacing from the entry and exit surface to the first step bolt may differ from the spacing between the other step bolts;
(4) Each step bolt has a minimum clear width of 4.5 inches (11 cm);
(5) The minimum perpendicular distance between the centerline of each step bolt to the nearest permanent object in back of the step bolt is 7 inches (18 cm). When the employer demonstrates that an obstruction cannot be avoided, the distance must be at least 4.5 inches (11 cm);
(6) Each step bolt installed before January 17, 2017 is capable of supporting its maximum intended load;
(7) Each step bolt installed on or after January 17, 2017 is capable of supporting at least four times its maximum intended load;
(8) Each step bolt is inspected at the start of the workshift and maintained in accordance with § 1910.22; and
(9) Any step bolt that is bent more than 15 degrees from the perpendicular in any direction is removed and replaced with a step bolt that meets the requirements of this section before an employee uses it.
(b) Manhole steps. (1) The employer must ensure that each manhole step is capable of supporting its maximum intended load.
(2) The employer must ensure that each manhole step installed on or after January 17, 2017:
(i) Has a corrugated, knurled, dimpled, or other surface that minimizes the possibility of an employee slipping;
(ii) Is constructed of, or coated with, material that protects against corrosion if the manhole step is located in an environment where corrosion may occur;
(iii) Has a minimum clear step width of 10 inches (25 cm);
(iv) Is uniformly spaced at a vertical distance not more than 16 inches (41 cm) apart, measured center to center between steps. The spacing from the entry and exit surface to the first manhole step may differ from the spacing between the other steps.
(v) Has a minimum perpendicular distance between the centerline of the manhole step to the nearest permanent object in back of the step of at least 4.5 inches (11 cm); and
(vi) Is designed, constructed, and maintained to prevent the employee's foot from slipping or sliding off the end.
(3) The employer must ensure that each manhole step is inspected at the start of the work shift and maintained in accordance with § 1910.22.
§ 1910.25   Stairways.
(a) Application. This section covers all stairways (including standard, spiral, ship, and alternating tread-type stairs), except for articulated stairs (stairs that change pitch due to change in height at the point of attachment) such as those serving floating roof tanks, stairs on scaffolds, stairs designed into machines or equipment, and stairs on self-propelled motorized equipment.
(b) General requirements. The employer must ensure:
(1) Handrails, stair rail systems, and guardrail systems are provided in accordance with § 1910.28;
(2) Vertical clearance above any stair tread to any overhead obstruction is at least 6 feet, 8 inches (203 cm), as measured from the leading edge of the tread. Spiral stairs must meet the vertical clearance requirements in paragraph (d)(3) of this section.
(3) Stairs have uniform riser heights and tread depths between landings;
(4) Stairway landings and platforms are at least the width of the stair and at least 30 inches (76 cm) in depth, as measured in the direction of travel;
(5) When a door or a gate opens directly on a stairway, a platform is provided, and the swing of the door or gate does not reduce the platform's effective usable depth to:
(i) Less than 20 inches (51 cm) for platforms installed before January 17, 2017; and
(ii) Less than 22 inches (56 cm) for platforms installed on or after January 17, 2017 (see Figure D-7 of this section);
(6) Each stair can support at least five times the normal anticipated live load, but never less than a concentrated load of 1,000 pounds (454 kg) applied at any point;
(7) Standard stairs are used to provide access from one walking-working surface to another when operations necessitate regular and routine travel between levels, including access to operating platforms for equipment. Winding stairways may be used on tanks and similar round structures when the diameter of the tank or structure is at least 5 feet (1.5 m).
(8) Spiral, ship, or alternating tread-type stairs are used only when the employer can demonstrate that it is not feasible to provide standard stairs.
(9) When paragraph (b)(8) of this section allows the use of spiral, ship, or alternating tread-type stairs, they are installed, used, and maintained in accordance with manufacturer's instructions.
(c) Standard stairs. In addition to paragraph (b) of this section, the employer must ensure standard stairs:
(1) Are installed at angles between 30 to 50 degrees from the horizontal;
(2) Have a maximum riser height of 9.5 inches (24 cm);
(3) Have a minimum tread depth of 9.5 inches (24 cm); and
(4) Have a minimum width of 22 inches (56 cm) between vertical barriers (see Figure D-8 of this section).
(5) Exception to paragraphs (c)(2) and (3) of this section. The requirements of paragraphs (c)(2) and (3) do not apply to standard stairs installed prior to January 17, 2017. OSHA will deem those stairs in compliance if they meet the dimension requirements specified in Table D-1 of this section or they use a combination that achieves the angle requirements of paragraph (c)(1) of this section.
(d) Spiral stairs. In addition to paragraph (b) of this section, the employer must ensure spiral stairs:
(1) Have a minimum clear width of 26 inches (66 cm);
(2) Have a maximum riser height of 9.5 inches (24 cm);
(3) Have a minimum headroom above spiral stair treads of at least 6 feet, 6 inches (2 m), measured from the leading edge of the tread;
(4) Have a minimum tread depth of 7.5 inches (19 cm), measured at a point 12 inches (30 cm) from the narrower edge;
(5) Have a uniform tread size;
(e) Ship stairs. In addition to paragraph (b) of this section, the employer must ensure ship stairs (see Figure D-9 of this section):
(1) Are installed at a slope of 50 to 70 degrees from the horizontal;
(2) Have open risers with a vertical rise between tread surfaces of 6.5 to 12 inches (17 to 30 cm);
(3) Have minimum tread depth of 4 inches (10 cm); and
(4) Have a minimum tread width of 18 inches (46 cm).
(f) Alternating tread-type stairs. In addition to paragraph (b) of this section, the employer must ensure alternating tread-type stairs:
(1) Have a series of treads installed at a slope of 50 to 70 degrees from the horizontal;
(2) Have a distance between handrails of 17 to 24 inches (51 to 61 cm);
(3) Have a minimum tread depth of 8.5 inches (22 cm); and
(4) Have open risers if the tread depth is less than 9.5 inches (24 cm);
(5) Have a minimum tread width of 7 inches (18 cm), measured at the leading edge of the tread ( i.e., nosing).
§ 1910.26   Dockboards.
The employer must ensure that each dockboard used meets the requirements of this section. The employer must ensure:
(a) Dockboards are capable of supporting the maximum intended load in accordance with § 1910.22(b);
(b)(1) Dockboards put into initial service on or after January 17, 2017 are designed, constructed, and maintained to prevent transfer vehicles from running off the dockboard edge;
(2) Exception to paragraph (b)(1) of this section. When the employer demonstrates there is no hazard of transfer vehicles running off the dockboard edge, the employer may use dockboards that do not have run-off protection.
(c) Portable dockboards are secured by anchoring them in place or using equipment or devices that prevent the dockboard from moving out of a safe position. When the employer demonstrates that securing the dockboard is not feasible, the employer must ensure there is sufficient contact between the dockboard and the surface to prevent the dockboard from moving out of a safe position;
(d) Measures, such as wheel chocks or sand shoes, are used to prevent the transport vehicle ( e.g. a truck, semi-trailer, trailer, or rail car) on which a dockboard is placed, from moving while employees are on the dockboard; and
(e) Portable dockboards are equipped with handholds or other means to permit safe handling of dockboards.
§ 1910.27   Scaffolds and rope descent systems.
(a) Scaffolds. Scaffolds used in general industry must meet the requirements in 29 CFR part 1926, subpart L (Scaffolds).
(b) Rope descent systems —(1) Anchorages. (i) Before any rope descent system is used, the building owner must inform the employer, in writing that the building owner has identified, tested, certified, and maintained each anchorage so it is capable of supporting at least 5,000 pounds (2,268 kg), in any direction, for each employee attached. The information must be based on an annual inspection by a qualified person and certification of each anchorage by a qualified person, as necessary, and at least every 10 years.
(ii) The employer must ensure that no employee uses any anchorage before the employer has obtained written information from the building owner that each anchorage meets the requirements of paragraph (b)(1)(i) of this section. The employer must keep the information for the duration of the job.
(iii) The requirements in paragraphs (b)(1)(i) and (ii) of this section must be implemented no later than November 20, 2017.
(2) Use of rope descent systems. The employer must ensure:
(i) No rope descent system is used for heights greater than 300 feet (91 m) above grade unless the employer demonstrates that it is not feasible to access such heights by any other means or that those means pose a greater hazard than using a rope descent system;
(ii) The rope descent system is used in accordance with instructions, warnings, and design limitations set by the manufacturer or under the direction of a qualified person;
(iii) Each employee who uses the rope descent system is trained in accordance with § 1910.30;
(iv) The rope descent system is inspected at the start of each workshift that it is to be used. The employer must ensure damaged or defective equipment is removed from service immediately and replaced;
(v) The rope descent system has proper rigging, including anchorages and tiebacks, with particular emphasis on providing tiebacks when counterweights, cornice hooks, or similar non-permanent anchorages are used;
(vi) Each employee uses a separate, independent personal fall arrest system that meets the requirements of subpart I of this part;
(vii) All components of each rope descent system, except seat boards, are capable of sustaining a minimum rated load of 5,000 pounds (22.2 kN). Seat boards must be capable of supporting a live load of 300 pounds (136 kg);
(viii) Prompt rescue of each employee is provided in the event of a fall;
(ix) The ropes of each rope descent system are effectively padded or otherwise protected, where they can contact edges of the building, anchorage, obstructions, or other surfaces, to prevent them from being cut or weakened;
(x) Stabilization is provided at the specific work location when descents are greater than 130 feet (39.6 m);
(xi) No employee uses a rope descent system when hazardous weather conditions, such as storms or gusty or excessive wind, are present;
(xii) Equipment, such as tools, squeegees, or buckets, is secured by a tool lanyard or similar method to prevent it from falling; and
(xiii) The ropes of each rope descent system are protected from exposure to open flames, hot work, corrosive chemicals, and other destructive conditions.
§ 1910.28   Duty to have fall protection and falling object protection.
(a) General. (1) This section requires employers to provide protection for each employee exposed to fall and falling object hazards. Unless stated otherwise, the employer must ensure that all fall protection and falling object protection required by this section meet the criteria in § 1910.29, except that personal fall protection systems required by this section meet the criteria of § 1910.140.
(2) This section does not apply:
(i) To portable ladders;
(ii) When employers are inspecting, investigating, or assessing workplace conditions or work to be performed prior to the start of work or after all work has been completed. This exemption does not apply when fall protection systems or equipment meeting the requirements of § 1910.29 have been installed and are available for workers to use for pre-work and post-work inspections, investigations, or assessments;
(iii) To fall hazards presented by the exposed perimeters of entertainment stages and the exposed perimeters of rail-station platforms;
(iv) To powered platforms covered by § 1910.66(j);
(v) To aerial lifts covered by § 1910.67(c)(2)(v);
(vi) To telecommunications work covered by § 1910.268(n)(7) and (8); and
(vii) To electric power generation, transmission, and distribution work covered by § 1910.269(g)(2)(i).
(b) Protection from fall hazards —(1) Unprotected sides and edges. (i) Except as provided elsewhere in this section, the employer must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the following:
(A) Guardrail systems;
(B) Safety net systems; or
(C) Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems.
(ii) When the employer can demonstrate that it is not feasible or creates a greater hazard to use guardrail, safety net, or personal fall protection systems on residential roofs, the employer must develop and implement a fall protection plan that meets the requirements of 29 CFR 1926.502(k) and training that meets the requirements of 29 CFR 1926.503(a) and (c).
There is a presumption that it is feasible and will not create a greater hazard to use at least one of the above-listed fall protection systems specified in paragraph (b)(1)(i) of this section. Accordingly, the employer has the burden of establishing that it is not feasible or creates a greater hazard to provide the fall protection systems specified in paragraph (b)(1)(i) and that it is necessary to implement a fall protection plan that complies with § 1926.502(k) in the particular work operation, in lieu of implementing any of those systems.
(iii) When the employer can demonstrate that the use of fall protection systems is not feasible on the working side of a platform used at a loading rack, loading dock, or teeming platform, the work may be done without a fall protection system, provided:
(A) The work operation for which fall protection is infeasible is in process;
(B) Access to the platform is limited to authorized employees; and,
(C) The authorized employees are trained in accordance with § 1910.30.
(2) Hoist areas. The employer must ensure:
(i) Each employee in a hoist area is protected from falling 4 feet (1.2 m) or more to a lower level by:
(A) A guardrail system;
(B) A personal fall arrest system; or
(C) A travel restraint system.
(ii) When any portion of a guardrail system, gate, or chains is removed, and an employee must lean through or over the edge of the access opening to facilitate hoisting, the employee is protected from falling by a personal fall arrest system.
(iii) If grab handles are installed at hoist areas, they meet the requirements of § 1910.29(l).
(3) Holes. The employer must ensure:
(i) Each employee is protected from falling through any hole (including skylights) that is 4 feet (1.2 m) or more above a lower level by one or more of the following:
(A) Covers;
(B) Guardrail systems;
(C) Travel restraint systems; or
(D) Personal fall arrest systems.
(ii) Each employee is protected from tripping into or stepping into or through any hole that is less than 4 feet (1.2 m) above a lower level by covers or guardrail systems.
(iii) Each employee is protected from falling into a stairway floor hole by a fixed guardrail system on all exposed sides, except at the stairway entrance. However, for any stairway used less than once per day where traffic across the stairway floor hole prevents the use of a fixed guardrail system ( e.g., holes located in aisle spaces), the employer may protect employees from falling into the hole by using a hinged floor hole cover that meets the criteria in § 1910.29 and a removable guardrail system on all exposed sides, except at the entrance to the stairway.
(iv) Each employee is protected from falling into a ladderway floor hole or ladderway platform hole by a guardrail system and toeboards erected on all exposed sides, except at the entrance to the hole, where a self-closing gate or an offset must be used.
(v) Each employee is protected from falling through a hatchway and chute-floor hole by:
(A) A hinged floor-hole cover that meets the criteria in § 1910.29 and a fixed guardrail system that leaves only one exposed side. When the hole is not in use, the employer must ensure the cover is closed or a removable guardrail system is provided on the exposed sides;
(B) A removable guardrail system and toeboards on not more than two sides of the hole and a fixed guardrail system on all other exposed sides. The employer must ensure the removable guardrail system is kept in place when the hole is not in use; or
(C) A guardrail system or a travel restraint system when a work operation necessitates passing material through a hatchway or chute floor hole.
(4) Dockboards. (i) The employer must ensure that each employee on a dockboard is protected from falling 4 feet (1.2 m) or more to a lower level by a guardrail system or handrails.
(ii) A guardrail system or handrails are not required when:
(A) Dockboards are being used solely for materials-handling operations using motorized equipment;
(B) Employees engaged in these operations are not exposed to fall hazards greater than 10 feet (3 m); and
(C) Those employees have been trained in accordance with § 1910.30.
(5) Runways and similar walkways. (i) The employer must ensure each employee on a runway or similar walkway is protected from falling 4 feet (1.2 m) or more to a lower level by a guardrail system.
(ii) When the employer can demonstrate that it is not feasible to have guardrails on both sides of a runway used exclusively for a special purpose, the employer may omit the guardrail on one side of the runway, provided the employer ensures:
(A) The runway is at least 18 inches (46 cm) wide; and
(B) Each employee is provided with and uses a personal fall arrest system or travel restraint system.
(6) Dangerous equipment. The employer must ensure:
(i) Each employee less than 4 feet (1.2 m) above dangerous equipment is protected from falling into or onto the dangerous equipment by a guardrail system or a travel restraint system, unless the equipment is covered or guarded to eliminate the hazard.
(ii) Each employee 4 feet (1.2 m) or more above dangerous equipment must be protected from falling by:
(A) Guardrail systems;
(B) Safety net systems;
(C) Travel restraint systems; or
(D) Personal fall arrest systems.
(7) Openings. The employer must ensure that each employee on a walking-working surface near an opening, including one with a chute attached, where the inside bottom edge of the opening is less than 39 inches (99 cm) above that walking-working surface and the outside bottom edge of the opening is 4 feet (1.2 m) or more above a lower level is protected from falling by the use of:
(i) Guardrail systems;
(ii) Safety net systems;
(iii) Travel restraint systems; or,
(iv) Personal fall arrest systems.
(8) Repair pits, service pits, and assembly pits less than 10 feet in depth. The use of a fall protection system is not required for a repair pit, service pit, or assembly pit that is less than 10 feet (3 m) deep, provided the employer:
(i) Limits access within 6 feet (1.8 m) of the edge of the pit to authorized employees trained in accordance with § 1910.30;
(ii) Applies floor markings at least 6 feet (1.8 m) from the edge of the pit in colors that contrast with the surrounding area; or places a warning line at least 6 feet (1.8 m) from the edge of the pit as well as stanchions that are capable of resisting, without tipping over, a force of at least 16 pounds (71 N) applied horizontally against the stanchion at a height of 30 inches (76 cm); or places a combination of floor markings and warning lines at least 6 feet (1.8 m) from the edge of the pit. When two or more pits in a common area are not more than 15 feet (4.5m) apart, the employer may comply by placing contrasting floor markings at least 6 feet (1.8 m) from the pit edge around the entire area of the pits; and
(iii) Posts readily visible caution signs that meet the requirements of § 1910.145 and state “Caution—Open Pit.”
(9) Fixed ladders (that extend more than 24 feet (7.3 m) above a lower level). (i) For fixed ladders that extend more than 24 feet (7.3 m) above a lower level, the employer must ensure:
(A) Existing fixed ladders. Each fixed ladder installed before November 19, 2018 is equipped with a personal fall arrest system, ladder safety system, cage, or well;
(B) New fixed ladders. Each fixed ladder installed on and after November 19, 2018, is equipped with a personal fall arrest system or a ladder safety system;
(C) Replacement. When a fixed ladder, cage, or well, or any portion of a section thereof, is replaced, a personal fall arrest system or ladder safety system is installed in at least that section of the fixed ladder, cage, or well where the replacement is located; and
(D) Final deadline. On and after November 18, 2036, all fixed ladders are equipped with a personal fall arrest system or a ladder safety system.
(ii) When a one-section fixed ladder is equipped with a personal fall protection or a ladder safety system or a fixed ladder is equipped with a personal fall arrest or ladder safety system on more than one section, the employer must ensure:
(A) The personal fall arrest system or ladder safety system provides protection throughout the entire vertical distance of the ladder, including all ladder sections; and
(B) The ladder has rest platforms provided at maximum intervals of 150 feet (45.7 m).
(iii) The employer must ensure ladder sections having a cage or well:
(A) Are offset from adjacent sections; and
(B) Have landing platforms provided at maximum intervals of 50 feet (15.2 m).
(iv) The employer may use a cage or well in combination with a personal fall arrest system or ladder safety system provided that the cage or well does not interfere with the operation of the system.
(10) Outdoor advertising (billboards). (i) The requirements in paragraph (b)(9) of this section, and other requirements in subparts D and I of this part, apply to fixed ladders used in outdoor advertising activities.
(ii) When an employee engaged in outdoor advertising climbs a fixed ladder before November 19, 2018 that is not equipped with a cage, well, personal fall arrest system, or a ladder safety system the employer must ensure the employee:
(A) Receives training and demonstrates the physical capability to perform the necessary climbs in accordance with § 1910.29(h);
(B) Wears a body harness equipped with an 18-inch (46 cm) rest lanyard;
(C) Keeps both hands free of tools or material when climbing on the ladder; and
(D) Is protected by a fall protection system upon reaching the work position.
(11) Stairways. The employer must ensure:
(i) Each employee exposed to an unprotected side or edge of a stairway landing that is 4 feet (1.2 m) or more above a lower level is protected by a guardrail or stair rail system;
(ii) Each flight of stairs having at least 3 treads and at least 4 risers is equipped with stair rail systems and handrails as follows:
(iii) Each ship stairs and alternating tread type stairs is equipped with handrails on both sides.
(12) Scaffolds and rope descent systems. The employer must ensure:
(i) Each employee on a scaffold is protected from falling in accordance 29 CFR part 1926, subpart L; and
(ii) Each employee using a rope descent system 4 feet (1.2 m) or more above a lower level is protected from falling by a personal fall arrest system.
(13) Work on low-slope roofs. (i) When work is performed less than 6 feet (1.6 m) from the roof edge, the employer must ensure each employee is protected from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system.
(ii) When work is performed at least 6 feet (1.6 m) but less than 15 feet (4.6 m) from the roof edge, the employer must ensure each employee is protected from falling by using a guardrail system, safety net system, travel restraint system, or personal fall arrest system. The employer may use a designated area when performing work that is both infrequent and temporary.
(iii) When work is performed 15 feet (4.6 m) or more from the roof edge, the employer must:
(A) Protect each employee from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system or a designated area. The employer is not required to provide any fall protection, provided the work is both infrequent and temporary; and
(B) Implement and enforce a work rule prohibiting employees from going within 15 feet (4.6 m) of the roof edge without using fall protection in accordance with paragraphs (b)(13)(i) and (ii) of this section.
(14) Slaughtering facility platforms. (i) The employer must protect each employee on the unprotected working side of a slaughtering facility platform that is 4 feet (1.2 m) or more above a lower level from falling by using:
(A) Guardrail systems; or
(B) Travel restraint systems.
(ii) When the employer can demonstrate the use of a guardrail or travel restraint system is not feasible, the work may be done without those systems provided:
(A) The work operation for which fall protection is infeasible is in process;
(B) Access to the platform is limited to authorized employees; and
(C) The authorized employees are trained in accordance with § 1910.30.
(15) Walking-working surfaces not otherwise addressed. Except as provided elsewhere in this section or by other subparts of this part, the employer must ensure each employee on a walking-working surface 4 feet (1.2 m) or more above a lower level is protected from falling by:
(i) Guardrail systems;
(ii) Safety net systems; or
(iii) Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems.
(c) Protection from falling objects. When an employee is exposed to falling objects, the employer must ensure that each employee wears head protection that meets the requirements of subpart I of this part. In addition, the employer must protect employees from falling objects by implementing one or more of the following:
(1) Erecting toeboards, screens, or guardrail systems to prevent objects from falling to a lower level;
(2) Erecting canopy structures and keeping potential falling objects far enough from an edge, hole, or opening to prevent them from falling to a lower level; or
(3) Barricading the area into which objects could fall, prohibiting employees from entering the barricaded area, and keeping objects far enough from an edge or opening to prevent them from falling to a lower level.
§ 1910.29   Fall protection systems and falling object protection—criteria and practices.
(a) General requirements. The employer must:
(1) Ensure each fall protection system and falling object protection, other than personal fall protection systems, that this part requires meets the requirements in this section. The employer must ensure each personal fall protection system meets the requirements in subpart I of this part; and
(2) Provide and install all fall protection systems and falling object protection this subpart requires, and comply with the other requirements in this subpart before any employee begins work that necessitates fall or falling object protection.
(b) Guardrail systems. The employer must ensure guardrail systems meet the following requirements:
(1) The top edge height of top rails, or equivalent guardrail system members, are 42 inches (107 cm), plus or minus 3 inches (8 cm), above the walking-working surface. The top edge height may exceed 45 inches (114 cm), provided the guardrail system meets all other criteria of paragraph (b) of this section (see Figure D-11 of this section).
(2) Midrails, screens, mesh, intermediate vertical members, solid panels, or equivalent intermediate members are installed between the walking-working surface and the top edge of the guardrail system as follows when there is not a wall or parapet that is at least 21 inches (53 cm) high:
(i) Midrails are installed at a height midway between the top edge of the guardrail system and the walking-working surface;
(ii) Screens and mesh extend from the walking-working surface to the top rail and along the entire opening between top rail supports;
(iii) Intermediate vertical members (such as balusters) are installed no more than 19 inches (48 cm) apart; and
(iv) Other equivalent intermediate members (such as additional midrails and architectural panels) are installed so that the openings are not more than 19 inches (48 cm) wide.
(3) Guardrail systems are capable of withstanding, without failure, a force of at least 200 pounds (890 N) applied in a downward or outward direction within 2 inches (5 cm) of the top edge, at any point along the top rail.
(4) When the 200-pound (890-N) test load is applied in a downward direction, the top rail of the guardrail system must not deflect to a height of less than 39 inches (99 cm) above the walking-working surface.
(5) Midrails, screens, mesh, intermediate vertical members, solid panels, and other equivalent intermediate members are capable of withstanding, without failure, a force of at least 150 pounds (667 N) applied in any downward or outward direction at any point along the intermediate member.
(6) Guardrail systems are smooth-surfaced to protect employees from injury, such as punctures or lacerations, and to prevent catching or snagging of clothing.
(7) The ends of top rails and midrails do not overhang the terminal posts, except where the overhang does not pose a projection hazard for employees.
(8) Steel banding and plastic banding are not used for top rails or midrails.
(9) Top rails and midrails are at least 0.25-inches (0.6 cm) in diameter or in thickness.
(10) When guardrail systems are used at hoist areas, a removable guardrail section, consisting of a top rail and midrail, are placed across the access opening between guardrail sections when employees are not performing hoisting operations. The employer may use chains or gates instead of a removable guardrail section at hoist areas if the employer demonstrates the chains or gates provide a level of safety equivalent to guardrails.
(11) When guardrail systems are used around holes, they are installed on all unprotected sides or edges of the hole.
(12) For guardrail systems used around holes through which materials may be passed:
(i) When materials are being passed through the hole, not more than two sides of the guardrail system are removed; and
(ii) When materials are not being passed through the hole, the hole must be guarded by a guardrail system along all unprotected sides or edges or closed over with a cover.
(13) When guardrail systems are used around holes that serve as points of access (such as ladderways), the guardrail system opening:
(i) Has a self-closing gate that slides or swings away from the hole, and is equipped with a top rail and midrail or equivalent intermediate member that meets the requirements in paragraph (b) of this section; or
(ii) Is offset to prevent an employee from walking or falling into the hole;
(14) Guardrail systems on ramps and runways are installed along each unprotected side or edge.
(15) Manila or synthetic rope used for top rails or midrails are inspected as necessary to ensure that the rope continues to meet the strength requirements in paragraphs (b)(3) and (5) of this section.
The criteria and practices requirements for guardrail systems on scaffolds are contained in 29 CFR part 1926, subpart L.
(c) Safety net systems. The employer must ensure each safety net system meets the requirements in 29 CFR part 1926, subpart M.
(d) Designated areas. (1) When the employer uses a designated area, the employer must ensure:
(i) Employees remain within the designated area while work operations are underway; and
(ii) The perimeter of the designated area is delineated with a warning line consisting of a rope, wire, tape, or chain that meets the requirements of paragraphs (d)(2) and (3) of this section.
(2) The employer must ensure each warning line:
(i) Has a minimum breaking strength of 200 pounds (0.89 kN);
(ii) Is installed so its lowest point, including sag, is not less than 34 inches (86 cm) and not more than 39 inches (99 cm) above the walking-working surface;
(iii) Is supported in such a manner that pulling on one section of the line will not result in slack being taken up in adjacent sections causing the line to fall below the limits specified in paragraph (d)(2)(ii) of this section;
(iv) Is clearly visible from a distance of 25 feet (7.6 m) away, and anywhere within the designated area;
(v) Is erected as close to the work area as the task permits; and
(vi) Is erected not less than 6 feet (1.8 m) from the roof edge for work that is both temporary and infrequent, or not less than 15 feet (4.6 m) for other work.
(3) When mobile mechanical equipment is used to perform work that is both temporary and infrequent in a designated area, the employer must ensure the warning line is erected not less than 6 feet (1.8 m) from the unprotected side or edge that is parallel to the direction in which the mechanical equipment is operated, and not less than 10 feet (3 m) from the unprotected side or edge that is perpendicular to the direction in which the mechanical equipment is operated.
(e) Covers. The employer must ensure each cover for a hole in a walking-working surface:
(1) Is capable of supporting without failure, at least twice the maximum intended load that may be imposed on the cover at any one time; and
(2) Is secured to prevent accidental displacement.
(f) Handrails and stair rail systems. The employer must ensure:
(1) Height criteria. (i) Handrails are not less than 30 inches (76 cm) and not more than 38 inches (97 cm), as measured from the leading edge of the stair tread to the top surface of the handrail (see Figure D-12 of this section).
(ii) The height of stair rail systems meets the following:
(A) The height of stair rail systems installed before January 17, 2017 is not less than 30 inches (76 cm) from the leading edge of the stair tread to the top surface of the top rail; and
(B) The height of stair rail systems installed on or after January 17, 2017 is not less than 42 inches (107 cm) from the leading edge of the stair tread to the top surface of the top rail.
(iii) The top rail of a stair rail system may serve as a handrail only when:
(A) The height of the stair rail system is not less than 36 inches (91 cm) and not more than 38 inches (97 cm) as measured at the leading edge of the stair tread to the top surface of the top rail (see Figure D-13 of this section); and
(B) The top rail of the stair rail system meets the other handrail requirements in paragraph (f) of this section.
(2) Finger clearance. The minimum clearance between handrails and any other object is 2.25 inches (5.7 cm).
(3) Surfaces. Handrails and stair rail systems are smooth-surfaced to protect employees from injury, such as punctures or lacerations, and to prevent catching or snagging of clothing.
(4) Openings in stair rails. No opening in a stair rail system exceeds 19 inches (48 cm) at its least dimension.
(5) Handhold. Handrails have the shape and dimension necessary so that employees can grasp the handrail firmly.
(6) Projection hazards. The ends of handrails and stair rail systems do not present any projection hazards.
(7) Strength criteria. Handrails and the top rails of stair rail systems are capable of withstanding, without failure, a force of at least 200 pounds (890 N) applied in any downward or outward direction within 2 inches (5 cm) of any point along the top edge of the rail.
(g) Cages, wells, and platforms used with fixed ladders. The employer must ensure:
(1) Cages and wells installed on fixed ladders are designed, constructed, and maintained to permit easy access to, and egress from, the ladder that they enclose (see Figures D-14 and D-15 of this section);
(2) Cages and wells are continuous throughout the length of the fixed ladder, except for access, egress, and other transfer points;
(3) Cages and wells are designed, constructed, and maintained to contain employees in the event of a fall, and to direct them to a lower landing; and
(4) Platforms used with fixed ladders provide a horizontal surface of at least 24 inches by 30 inches (61 cm by 76 cm).
Section 1910.28 establishes the requirements that employers must follow on the use of cages and wells as a means of fall protection.
(h) Outdoor advertising. This paragraph (h) applies only to employers engaged in outdoor advertising operations (see § 1910.28(b)(10)). Employers must ensure that each employee who climbs a fixed ladder without fall protection:
(1) Is physically capable, as demonstrated through observations of actual climbing activities or by a physical examination, to perform the duties that may be assigned, including climbing fixed ladders without fall protection;
(2) Has successfully completed a training or apprenticeship program that includes hands-on training on the safe climbing of ladders and is retrained as necessary to maintain the necessary skills;
(3) Has the skill to climb ladders safely, as demonstrated through formal classroom training or on-the-job training, and performance observation; and
(4) Performs climbing duties as a part of routine work activity.
(i) Ladder safety systems. The employer must ensure:
(1) Each ladder safety system allows the employee to climb up and down using both hands and does not require that the employee continuously hold, push, or pull any part of the system while climbing;
(2) The connection between the carrier or lifeline and the point of attachment to the body harness or belt does not exceed 9 inches (23 cm);
(3) Mountings for rigid carriers are attached at each end of the carrier, with intermediate mountings spaced, as necessary, along the entire length of the carrier so the system has the strength to stop employee falls;
(4) Mountings for flexible carriers are attached at each end of the carrier and cable guides for flexible carriers are installed at least 25 feet (7.6 m) apart but not more than 40 feet (12.2 m) apart along the entire length of the carrier;
(5) The design and installation of mountings and cable guides does not reduce the design strength of the ladder; and
(6) Ladder safety systems and their support systems are capable of withstanding, without failure, a drop test consisting of an 18-inch (41-cm) drop of a 500-pound (227-kg) weight.
(j) Personal fall protection systems. Body belts, harnesses, and other components used in personal fall arrest systems, work positioning systems, and travel restraint systems must meet the requirements of § 1910.140.
(k) Protection from falling objects. (1) The employers must ensure toeboards used for falling object protection:
(i) Are erected along the exposed edge of the overhead walking-working surface for a length that is sufficient to protect employees below.
(ii) Have a minimum vertical height of 3.5 inches (9 cm) as measured from the top edge of the toeboard to the level of the walking-working surface.
(iii) Do not have more than a 0.25-inch (0.5-cm) clearance or opening above the walking-working surface.
(iv) Are solid or do not have any opening that exceeds 1 inch (3 cm) at its greatest dimension.
(v) Have a minimum height of 2.5 inches (6 cm) when used around vehicle repair, service, or assembly pits. Toeboards may be omitted around vehicle repair, service, or assembly pits when the employer can demonstrate that a toeboard would prevent access to a vehicle that is over the pit.
(vi) Are capable of withstanding, without failure, a force of at least 50 pounds (222 N) applied in any downward or outward direction at any point along the toeboard.
(2) The employer must ensure:
(i) Where tools, equipment, or materials are piled higher than the top of the toeboard, paneling or screening is installed from the toeboard to the midrail of the guardrail system and for a length that is sufficient to protect employees below. If the items are piled higher than the midrail, the employer also must install paneling or screening to the top rail and for a length that is sufficient to protect employees below; and
(ii) All openings in guardrail systems are small enough to prevent objects from falling through the opening.
(3) The employer must ensure canopies used for falling object protection are strong enough to prevent collapse and to prevent penetration by falling objects.
(l) Grab handles. The employer must ensure each grab handle:
(1) Is not less than 12 inches (30 cm) long;
(2) Is mounted to provide at least 3 inches (8 cm) of clearance from the framing or opening; and
(3) Is capable of withstanding a maximum horizontal pull-out force equal to two times the maximum intended load or 200 pounds (890 N), whichever is greater.
§ 1910.30   Training requirements.
(a) Fall hazards. (1) Before any employee is exposed to a fall hazard, the employer must provide training for each employee who uses personal fall protection systems or who is required to be trained as specified elsewhere in this subpart. Employers must ensure employees are trained in the requirements of this paragraph on or before May 17, 2017.
(2) The employer must ensure that each employee is trained by a qualified person.
(3) The employer must train each employee in at least the following topics:
(i) The nature of the fall hazards in the work area and how to recognize them;
(ii) The procedures to be followed to minimize those hazards;
(iii) The correct procedures for installing, inspecting, operating, maintaining, and disassembling the personal fall protection systems that the employee uses; and
(iv) The correct use of personal fall protection systems and equipment specified in paragraph (a)(1) of this section, including, but not limited to, proper hook-up, anchoring, and tie-off techniques, and methods of equipment inspection and storage, as specified by the manufacturer.
(b) Equipment hazards. (1) The employer must train each employee on or before May 17, 2017 in the proper care, inspection, storage, and use of equipment covered by this subpart before an employee uses the equipment.
(2) The employer must train each employee who uses a dockboard to properly place and secure it to prevent unintentional movement.
(3) The employer must train each employee who uses a rope descent system in proper rigging and use of the equipment in accordance with § 1910.27.
(4) The employer must train each employee who uses a designated area in the proper set-up and use of the area.
(c) Retraining. The employer must retrain an employee when the employer has reason to believe the employee does not have the understanding and skill required by paragraphs (a) and (b) of this section. Situations requiring retraining include, but are not limited to, the following:
(1) When changes in the workplace render previous training obsolete or inadequate;
(2) When changes in the types of fall protection systems or equipment to be used render previous training obsolete or inadequate; or
(3) When inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee no longer has the requisite understanding or skill necessary to use equipment or perform the job safely.
(d) Training must be understandable. The employer must provide information and training to each employee in a manner that the employee understands.
§ 1910.33   Table of contents.
This section lists the sections and paragraph headings contained in §§ 1910.34 through 1910.39.
§ 1910.34   Coverage and definitions.
(a) Every employer is covered. Sections 1910.34 through 1910.39 apply to workplaces in general industry except mobile workplaces such as vehicles or vessels.
(b) Exits routes are covered. The rules in §§ 1910.34 through 1910.39 cover the minimum requirements for exit routes that employers must provide in their workplace so that employees may evacuate the workplace safely during an emergency. Sections 1910.34 through 1910.39 also cover the minimum requirements for emergency action plans and fire prevention plans.
(c) Definitions.
Electroluminescent means a light-emitting capacitor. Alternating current excites phosphor atoms when placed between the electrically conductive surfaces to produce light. This light source is typically contained inside the device.
Exit means that portion of an exit route that is generally separated from other areas to provide a protected way of travel to the exit discharge. An example of an exit is a two-hour fire resistance-rated enclosed stairway that leads from the fifth floor of an office building to the outside of the building.
Exit access means that portion of an exit route that leads to an exit. An example of an exit access is a corridor on the fifth floor of an office building that leads to a two-hour fire resistance-rated enclosed stairway (the Exit).
Exit discharge means the part of the exit route that leads directly outside or to a street, walkway, refuge area, public way, or open space with access to the outside. An example of an exit discharge is a door at the bottom of a two-hour fire resistance-rated enclosed stairway that discharges to a place of safety outside the building.
Exit route means a continuous and unobstructed path of exit travel from any point within a workplace to a place of safety (including refuge areas). An exit route consists of three parts: The exit access; the exit; and, the exit discharge. (An exit route includes all vertical and horizontal areas along the route.)
High hazard area means an area inside a workplace in which operations include high hazard materials, processes, or contents.
Occupant load means the total number of persons that may occupy a workplace or portion of a workplace at any one time. The occupant load of a workplace is calculated by dividing the gross floor area of the workplace or portion of the workplace by the occupant load factor for that particular type of workplace occupancy. Information regarding the “Occupant load” is located in NFPA 101-2009, Life Safety Code, and in IFC-2009, International Fire Code (incorporated by reference, see § 1910.6).
Refuge area means either:
(1) A space along an exit route that is protected from the effects of fire by separation from other spaces within the building by a barrier with at least a one-hour fire resistance-rating; or
(2) A floor with at least two spaces, separated from each other by smoke-resistant partitions, in a building protected throughout by an automatic sprinkler system that complies with § 1910.159 of this part.
Self-luminous means a light source that is illuminated by a self-contained power source ( e.g., tritium) and that operates independently from external power sources. Batteries are not acceptable self-contained power sources. The light source is typically contained inside the device.
§ 1910.35   Compliance with alternate exit-route codes.
OSHA will deem an employer demonstrating compliance with the exit-route provisions of NFPA 101, Life Safety Code, 2009 edition, or the exit-route provisions of the International Fire Code, 2009 edition, to be in compliance with the corresponding requirements in §§ 1910.34, 1910.36, and 1910.37 (incorporated by reference, see section § 1910.6).
§ 1910.36   Design and construction requirements for exit routes.
(a) Basic requirements. Exit routes must meet the following design and construction requirements:
(1) An exit route must be permanent. Each exit route must be a permanent part of the workplace.
(2) An exit must be separated by fire resistant materials. Construction materials used to separate an exit from other parts of the workplace must have a one-hour fire resistance-rating if the exit connects three or fewer stories and a two-hour fire resistance-rating if the exit connects four or more stories.
(3) Openings into an exit must be limited. An exit is permitted to have only those openings necessary to allow access to the exit from occupied areas of the workplace, or to the exit discharge. An opening into an exit must be protected by a self-closing fire door that remains closed or automatically closes in an emergency upon the sounding of a fire alarm or employee alarm system. Each fire door, including its frame and hardware, must be listed or approved by a nationally recognized testing laboratory. Section 1910.155(c)(3)(iv)(A) of this part defines “listed” and § 1910.7 of this part defines a “nationally recognized testing laboratory.”
(b) The number of exit routes must be adequate —(1) Two exit routes. At least two exit routes must be available in a workplace to permit prompt evacuation of employees and other building occupants during an emergency, except as allowed in paragraph (b)(3) of this section. The exit routes must be located as far away as practical from each other so that if one exit route is blocked by fire or smoke, employees can evacuate using the second exit route.
(2) More than two exit routes. More than two exit routes must be available in a workplace if the number of employees, the size of the building, its occupancy, or the arrangement of the workplace is such that all employees would not be able to evacuate safely during an emergency.
(3) A single exit route. A single exit route is permitted where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace is such that all employees would be able to evacuate safely during an emergency.
For assistance in determining the number of exit routes necessary for your workplace, consult NFPA 101-2009, Life Safety Code, or IFC-2009, International Fire Code (incorporated by reference, see § 1910.6).
(c) Exit discharge. (1) Each exit discharge must lead directly outside or to a street, walkway, refuge area, public way, or open space with access to the outside.
(2) The street, walkway, refuge area, public way, or open space to which an exit discharge leads must be large enough to accommodate the building occupants likely to use the exit route.
(3) Exit stairs that continue beyond the level on which the exit discharge is located must be interrupted at that level by doors, partitions, or other effective means that clearly indicate the direction of travel leading to the exit discharge.
(d) An exit door must be unlocked. (1) Employees must be able to open an exit route door from the inside at all times without keys, tools, or special knowledge. A device such as a panic bar that locks only from the outside is permitted on exit discharge doors.
(2) Exit route doors must be free of any device or alarm that could restrict emergency use of the exit route if the device or alarm fails.
(3) An exit route door may be locked from the inside only in mental, penal, or correctional facilities and then only if supervisory personnel are continuously on duty and the employer has a plan to remove occupants from the facility during an emergency.
(e) A side-hinged exit door must be used. (1) A side-hinged door must be used to connect any room to an exit route.
(2) The door that connects any room to an exit route must swing out in the direction of exit travel if the room is designed to be occupied by more than 50 people or if the room is a high hazard area ( i.e., contains contents that are likely to burn with extreme rapidity or explode).
(f) The capacity of an exit route must be adequate. (1) Exit routes must support the maximum permitted occupant load for each floor served.
(2) The capacity of an exit route may not decrease in the direction of exit route travel to the exit discharge.
Information regarding the “Occupant load” is located in NFPA 101-2009, Life Safety Code, and in IFC-2009, International Fire Code (incorporated by reference, see § 1910.6).
(g) An exit route must meet minimum height and width requirements. (1) The ceiling of an exit route must be at least seven feet six inches (2.3 m) high. Any projection from the ceiling must not reach a point less than six feet eight inches (2.0 m) from the floor.
(2) An exit access must be at least 28 inches (71.1 cm) wide at all points. Where there is only one exit access leading to an exit or exit discharge, the width of the exit and exit discharge must be at least equal to the width of the exit access.
(3) The width of an exit route must be sufficient to accommodate the maximum permitted occupant load of each floor served by the exit route.
(4) Objects that project into the exit route must not reduce the width of the exit route to less than the minimum width requirements for exit routes.
(h) An outdoor exit route is permitted. Each outdoor exit route must meet the minimum height and width requirements for indoor exit routes and must also meet the following requirements:
(1) The outdoor exit route must have guardrails to protect unenclosed sides if a fall hazard exists;
(2) The outdoor exit route must be covered if snow or ice is likely to accumulate along the route, unless the employer can demonstrate that any snow or ice accumulation will be removed before it presents a slipping hazard;
(3) The outdoor exit route must be reasonably straight and have smooth, solid, substantially level walkways; and
(4) The outdoor exit route must not have a dead-end that is longer than 20 feet (6.2 m).
§ 1910.37   Maintenance, safeguards, and operational features for exit routes.
(a) The danger to employees must be minimized. (1) Exit routes must be kept free of explosive or highly flammable furnishings or other decorations.
(2) Exit routes must be arranged so that employees will not have to travel toward a high hazard area, unless the path of travel is effectively shielded from the high hazard area by suitable partitions or other physical barriers.
(3) Exit routes must be free and unobstructed. No materials or equipment may be placed, either permanently or temporarily, within the exit route. The exit access must not go through a room that can be locked, such as a bathroom, to reach an exit or exit discharge, nor may it lead into a dead-end corridor. Stairs or a ramp must be provided where the exit route is not substantially level.
(4) Safeguards designed to protect employees during an emergency ( e.g., sprinkler systems, alarm systems, fire doors, exit lighting) must be in proper working order at all times.
(b) Lighting and marking must be adequate and appropriate. (1) Each exit route must be adequately lighted so that an employee with normal vision can see along the exit route.
(2) Each exit must be clearly visible and marked by a sign reading “Exit.”
(3) Each exit route door must be free of decorations or signs that obscure the visibility of the exit route door.
(4) If the direction of travel to the exit or exit discharge is not immediately apparent, signs must be posted along the exit access indicating the direction of travel to the nearest exit and exit discharge. Additionally, the line-of-sight to an exit sign must clearly be visible at all times.
(5) Each doorway or passage along an exit access that could be mistaken for an exit must be marked “Not an Exit” or similar designation, or be identified by a sign indicating its actual use ( e.g., closet).
(6) Each exit sign must be illuminated to a surface value of at least five foot-candles (54 lux) by a reliable light source and be distinctive in color. Self-luminous or electroluminescent signs that have a minimum luminance surface value of at least .06 footlamberts (0.21 cd/m 2 ) are permitted.
(7) Each exit sign must have the word “Exit” in plainly legible letters not less than six inches (15.2 cm) high, with the principal strokes of the letters in the word “Exit” not less than three-fourths of an inch (1.9 cm) wide.
(c) The fire retardant properties of paints or solutions must be maintained. Fire retardant paints or solutions must be renewed as often as necessary to maintain their fire retardant properties.
(d) Exit routes must be maintained during construction, repairs, or alterations. (1) During new construction, employees must not occupy a workplace until the exit routes required by this subpart are completed and ready for employee use for the portion of the workplace they occupy.
(2) During repairs or alterations, employees must not occupy a workplace unless the exit routes required by this subpart are available and existing fire protections are maintained, or until alternate fire protection is furnished that provides an equivalent level of safety.
(3) Employees must not be exposed to hazards of flammable or explosive substances or equipment used during construction, repairs, or alterations, that are beyond the normal permissible conditions in the workplace, or that would impede exiting the workplace.
(e) An employee alarm system must be operable. Employers must install and maintain an operable employee alarm system that has a distinctive signal to warn employees of fire or other emergencies, unless employees can promptly see or smell a fire or other hazard in time to provide adequate warning to them. The employee alarm system must comply with § 1910.165.
§ 1910.38   Emergency action plans.
(a) Application. An employer must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements in this section apply to each such emergency action plan.
(b) Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.
(c) Minimum elements of an emergency action plan. An emergency action plan must include at a minimum:
(1) Procedures for reporting a fire or other emergency;
(2) Procedures for emergency evacuation, including type of evacuation and exit route assignments;
(3) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
(4) Procedures to account for all employees after evacuation;
(5) Procedures to be followed by employees performing rescue or medical duties; and
(6) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.
(d) Employee alarm system. An employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements in § 1910.165.
(e) Training. An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.
(f) Review of emergency action plan. An employer must review the emergency action plan with each employee covered by the plan:
(1) When the plan is developed or the employee is assigned initially to a job;
(2) When the employee's responsibilities under the plan change; and
(3) When the plan is changed.
§ 1910.39   Fire prevention plans.
(a) Application. An employer must have a fire prevention plan when an OSHA standard in this part requires one. The requirements in this section apply to each such fire prevention plan.
(b) Written and oral fire prevention plans. A fire prevention plan must be in writing, be kept in the workplace, and be made available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.
(c) Minimum elements of a fire prevention plan. A fire prevention plan must include:
(1) A list of all major fire hazards, proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard;
(2) Procedures to control accumulations of flammable and combustible waste materials;
(3) Procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials;
(4) The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and
(5) The name or job title of employees responsible for the control of fuel source hazards.
(d) Employee information. An employer must inform employees upon initial assignment to a job of the fire hazards to which they are exposed. An employer must also review with each employee those parts of the fire prevention plan necessary for self-protection.