§1918.85(d)(1)

§1918.13(a) §1915.115(a)(1)

§1917.118(e)(1)

§1918.85(f)

§1918.65(c)(1)

§1918.65(h)(1)

§1917.14

MARITIMEAs required by the U.S. Department of Labor, Occupational Safety and Health AdministrationOSHA Regulations from Parts 1915, 1917, 1918, 1919 & 1920

REGLOGICP R E M I U M

w w w . m a n c o m m . c o m

-

The OSHA Guide to Maritime Industry Regulations

Including:Part 1903 - Inspections, Citations, and Proposed Penalties

Part 1904 - Recording and Reporting Occupational Injuries and IllnessesPart 1915 - Occupational Safety and Health Standards for Shipyard Employment

Part 1917 - Marine TerminalsPart 1918 - Safety and Health Regulations for Longshoring

Part 1919 - Gear CertificationPart 1920 - Procedure for Variations from Safety and Health Regulations under the Longshoremen's

and Harbor Workers' Compensation ActPart 1910 - General Industry - Selected Topics

Addendum including:

Changing the Complex Into Compliance®

http://www.Mancomm.com

• General Duty Clause • OSHA Forms 300, 300A, and 301 • Safety and Health Management Guidelines

• SIC Codes • NAICS Codes • Sharps Injury Log

• Incidence Rates of Nonfatal Occupational Injuries and Illnesses

• States with Approved Plans - State Office Directory - Regional and National Offices

• Most Frequently Cited Standards Related to Maritime Regulations

This publication is also available on CD-Rom

88550 003 7 16 1

Updated through January 1, 2013.

Use this QR Code to see if you have the most current edition.

Copyright © MMVII & MMVIII, MMIX, MMX, MMXI, MMXII, MMXIIIby

315 West Fourth StreetDavenport, Iowa 52801

(563) 323-62451-800-MANCOMM Fax: (563) 323-0804

Website: http://www.Mancomm.comE-mail: safetyinfo@Mancomm.com

All rights reserved. Printed in the U.S.A. Except as permitted under the United States CopyrightAct of 1976, no part of this publication may be reproduced or distributed in any form or by anymeans, or stored in a database or any other retrieval system, without the prior written permissionof the publisher. Although the Federal Regulations published as promulgated are in publicdomain, the formatting and sequence of the regulations and other materials contained herein aresubject to the copyright laws.

While every effort has been made to ensure that the information contained herein is accurate andcomplete at the time of printing, the frequency of changes in the regulations makes it impossible toguarantee the complete accuracy of the information that follows. Therefore, neither MANCOMMnor its subsidiaries shall be liable for any damages resulting from the use of or reliance upon thispublication. Furthermore, the appearance of products, services, companies, organizations or causesin the 29 CFR (Parts 1903, 1904, 1915, 1917, 1918, 1919, 1920, or 1910) does not in any wayimply endorsement by MANCOMM or its subsidiaries.

This publication is constructed to provide accurate information in regard to the material included.It is sold with the understanding that the publisher is not involved in providing accounting, legal,or other professional service. If legal consultation or other expert advice is required, the servicesof a professional person should be engaged.

Library of Congress Control Number: 2013932387ISBN: 1-59959-429-3

( 6 2 6 - 2 6 6 6 )

Online forms available: Full-size versions of forms in this book are available free of charge at .www.oshacfr.com

RegLogic® ®

is a one-of-a-kind approach that you will find only from MANCOMM .

Safe working load Proof load

Up to 20 short tons (18.1 metric tons)

From 20 through 50 short tons(18.1 to 45.4 metric tons)

Over 50 short tons (45.4 metric tons)

25 percent in excess

5 short tons in excess

10 percent in excess

Table A

Clearly defined lines

Color-coded headings

FIGURE 1

B

A

C

Vehicle Center ofGravity (Unloaded)

Center of Gravityof Vehicle andMaximum Load(Theoretical)

Enhanced color graphics

Clear, legible text

The Graphical Approach

Marine TerminalsAir Receivers 1917.155Barges, Movement of 1917.19Battery Charging and Changing 1917.157Carbon Monoxide 1917.24Cargo Doors 1917.114Cargo Handling Gear and Equipment

Auxiliary Gear 1917.42Bins 1917.49Chutes 1917.49Conveyors 1917.48Cranes 1917.45Derricks 1917.45Hand Tools 1917.51Hoppers 1917.49House Falls 1917.41Load Indicating Devices 1917.46Marine Terminal Material Handling

Devices, Certification of 1917.50

127106

128106

119

108115

115115

112112

116115

108114

115

§1917.46

(a)(1)

(i)

(ii)

[A]

[B]

[C]

Load indicating devicesin paragraph (a)(1)(viii) of this section, every

crane after October 3, 1984 shall be fitted with a load indicatingdevice or alternative device in proper working condition whichshall meet the following criteria:

indicating or alternate devicewhich is used shall provide:

of actual weight hoisted or ameans of determining this by referencing a weight indica-tion to crane ratings posted and visible to the operator,except that the use of a dynamometer or simple scalealone will not meet this requirement; or

according to the radius and load atthe moment; or

of the load indicating device, weight-momentdevice, or overload protection device shall be such that anyindicated load (or limit), including the sum of actual weighthoisted and additional equipment or "add ons'' such as slings,sensors, blocks, etc., is within the range between 95 percent(5 percent underload) and 110 percent (10 percent overload)of the actual true total load. Such accuracy shall be requiredover the range of daily operating variables reasonablyanticipated under the conditions of use.

Except as provided

The type or model or any load

A direct indication in the cab

Indications in the cab

A direct means to prevent an overload from occurring.The accuracy

Bracketed revisions in outline format

Outline format with indenting lets you findexactly what you need without confusion

Bold text and italics for subsections

Color-coded section number for fast reference

Quick Reference

What makes RegLogic unique?®

MANCOMM has taken the guesswork out of finding the regulations that keep your workforce safe andcompliant. Take advantage of the intuitive format to easily navigate the government’s complex standards, savingyourself time and avoiding stress while you solve issues before they become

®

problems.

RegLogic®

is a graphical approach to help you effortlessly navigate government regulatory information.

RegLogic®. . . a better way

Easy-to-use index, including page numbers incolor section numbers for easy accessand

March 26, 2012 (Federal Register Volume 77, No. 58)In this edition of the Federal Register, OSHA modified its Hazard Communication Standard (HCS) to con-form to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals(GHS). OSHA has determined that the modifications will significantly reduce costs and burdens while alsoimproving the quality and consistency of information provided to employers and employees regardingchemical hazards and associated protective measures.The modifications to the standard include revised criteria for classification of chemical hazards; revisedlabeling provisions that include requirements for use of standardized signal words, pictograms, hazardstatements, and precautionary statements; a specified format for safety data sheets; and related revisionsto definitions of terms used in the standard, and requirements for employee training on labels and safetydata sheets. OSHA also modified provisions of other standards, including standards for flammable andcombustible liquids, process safety management, and most substance-specific health standards, toensure consistency with the modified HCS requirements. To see a complete list of sections affected andcompliance dates, please visit www.mancomm.com

July 23, 2012 (Federal Register Volume 77, No. 121)In this edition of the Federal Register, OSHA issued this direct final rule to revise the personal protectiveequipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminalsstandards regarding requirements for head protection. OSHA updated the references in its standards torecognize the 2009 edition of the American National Standard for Industrial Head Protection, and deletedthe 1986 edition of that national consensus standard because it is out of date. OSHA also included theconstruction industry in this rulemaking to ensure consistency among the Agency’s standards.This finalrule became effective September 20, 2012, and affects the following sections:

August 7, 2012 (Federal Register Volume 77, No. 152)In this edition of the Federal Register, OSHA corrected the medical evaluation questionnaire in Appendix Cof its Respiratory Protection standard by removing the term ‘‘fits’’ in a question. This rule became effectiveAugust 7, 2012 and effected Appendix C to 1910.134.

§1910.6(e) Incorporation by reference §1917.3(b) (9)-(11) Incorporation by reference

§1910.135(b) Head protection §1917.93 (b)(1) Head protection

§1915.5(d)(1)(ix)-(xi) Incorporation by reference §1918.3(b) (9)-(11) Incorporation by reference

§1915.155 (b)(1) Head protection §1918.103 Head protection

DisclaimerAlthough the author and publisher of this book have made every effort to ensure the accuracy and timeliness of theinformation contained herein, the author and publisher assume no liability with respect to loss or damage caused by or alleged to be caused by reliance on any information contained herein and disclaim any and all warranties, expressedor implied.

Recent changes in regulations:

TOC

Table of ContentsTable of Contents

1903 - Inspections, Citations, and Proposed Penalties§1903.1 Purpose and scope 1§1903.2 Posting of notice; availability

of the Act, regulations and applicable standards 1

§1903.3 Authority for inspection 1§1903.4 Objection to inspection 1§1903.5 Entry not a waiver 2§1903.6 Advance notice of inspections 2§1903.7 Conduct of inspections 2§1903.8 Representatives of employers

and employees 2§1903.9 Trade secrets 3§1903.10 Consultation with employees 3§1903.11 Complaints by employees 3§1903.12 Inspection not warranted;

informal review 3§1903.13 Imminent danger 4§1903.14 Citations; notices of de minimis

violations; policy regardingemployee rescue activities 4

§1903.14a Petitions for modification of abatement date 4

§1903.15 Proposed penalties 5§1903.16 Posting of citations 5§1903.17 Employer and employee

contests before the Review Commission 5

§1903.18 Failure to correct a violation for which a citation has been issued 5

§1903.19 Abatement verification 5§1903.20 Informal conferences 8§1903.21 State administration 8§1903.22 Definitions 8

1904 - Recording and Reporting Occupational Injuries and IllnessesSubpart A - Purpose§1904.0 Purpose 9Subpart B - Scope§1904.1 Partial exemption for employers

with 10 or fewer employees 9

§1904.2 Partial exemption for establishments in certain industries 9

§1904.3 Keeping records for more than one agency 9

Subpart B Appendix A Partially Exempt Industries

(Non-Mandatory) 9Subpart C - Recordkeeping Forms and Record-

ing Criteria§1904.4 Recording criteria 10§1904.5 Determination of work-relatedness 10§1904.6 Determination of new cases 11§1904.7 General recording criteria 11§1904.8 Recording criteria for needlestick

and sharps injuries 14§1904.9 Recording criteria for cases

involving medical removal under OSHA standards 14

§1904.10 Recording criteria for cases involving occupational hearing loss 14

§1904.11 Recording criteria for work-related tuberculosis cases 15

§§1904.13 - 1904.28 [Reserved] 15§1904.29 Forms 15Subpart D - Other OSHA Injury and Illness

Recordkeeping Requirements§1904.30 Multiple business establishments 16§1904.31 Covered employees 16§1904.32 Annual summary 16§1904.33 Retention and updating 17§1904.34 Change in business ownership 17§1904.35 Employee involvement 17§1904.36 Prohibition against discrimination 17§1904.37 State recordkeeping regulations 17§1904.38 Variances from the

recordkeeping rule 18Subpart E - Reporting Fatality, Injury and Illness

Information to the Government§1904.39 Reporting fatalities and multiple

hospitalization incidents to OSHA 18§1904.40 Providing records to government

representatives 19

TOC

i

§1904.41 Annual OSHA injury and illness survey of ten or more employers 19

§1904.42 Requests from the Bureau of Labor Statistics for data 19

Subpart F - Transition From the Former Rule

§1904.43 Summary and posting of the 2001 data 19

§1904.44 Retention and updating of old forms 20

§1904.45 OMB control numbers under the Paperwork Reduction Act 20

Subpart G - Definitions§1904.46 Definitions 20

§1915 - Occupational Safety and Health Standards for Shipyard EmploymentSubpart A - General Provisions§1915.1 Purpose and authority 21§1915.2 Scope and application 21§1915.3 Responsibility 21§1915.4 Definitions 21§1915.5 Incorporation by reference 22§1915.6 Commerical diving operations 23§1915.7 Competent person 23§1915.8 OMB control numbers under the

Paperwork Reduction Act 23§1915.9 Compliance duties owed to each

employee. 24

Subpart B - Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment§1915.11 Scope, application and definitions

applicable to this subpart 24§1915.12 Precautions and the order of

testing before entering confined and enclosed spaces 25

§1915.13 Cleaning and other cold work 26§1915.14 Hot work 27§1915.15 Maintenance of safe conditions 27§1915.16 Warning signs and labels 27

Subpart C - Surface Preparation andPreservation§1915.31 Scope and application of subpart 29§1915.32 Toxic cleaning solvents 29§1915.33 Chemical paint and preservative

removers 29§1915.34 Mechanical paint removers 29§1915.35 Painting 30§1915.36 Flammable liquids 31

Subpart D - Welding, Cutting and Heating§1915.51 Ventilation and protection in

welding, cutting, and heating 31§1915.53 Welding, cutting and heating

in way of preservative coatings 32

§1915.54 Welding, cutting and heating of hollow metal containers and structures not covered by §1915.12 32

§1915.55 Gas welding and cutting 32§1915.56 Arc welding and cutting 33§1915.57 Uses of fissionable material in

ship repairing and shipbuilding 34

Subpart E - Scaffolds, Ladders and Other Working Surfaces§1915.71 Scaffolds or staging 34§1915.72 Ladders 36§1915.73 Guarding of deck openings

and edges 37§1915.74 Access to vessels 37§1915.75 Access to and guarding of

dry docks and marine railways 38§1915.76 Access to cargo spaces and

confined spaces 38§1915.77 Working surfaces 38

Subpart F - General WorkingConditions§1915.80 Scope, application, definitions,

and effective dates 38§1915.81 Housekeeping 40§1915.82 Lighting 40§1915.83 Utilities 41§1915.84 Working alone 41§1915.85 Vessel radar and communication

systems 41§1915.86 Lifeboats 41§1915.87 Medical services and first aid 41§1915.88 Sanitation 42§1915.89 Control of hazardous energy

(lockout/tags-plus) 43§1915.91 Accident prevention signs and tags 49§1915.92 Retention of DOT markings,

placards, and labels 49§1915.93 Motor vehicle safety equipment,

operation and maintenance 49§1915.94 Servicing multi-piece and

single-piece rim wheels 50

Subpart G - Gear and Equipment forRigging and Materials Handling§1915.111 Inspection 50§1915.112 Ropes, chains, and slings 50§1915.113 Shackles and hooks 50§1915.114 Chain falls and pull-lifts 50§1915.115 Hoisting and hauling equipment 51§1915.116 Use of gear 51§1915.117 Qualifications of operators 51§1915.118 Tables 52 §1915.120 Powered industrial truck

operator training 52

Subpart H - Tools and Related Equip-ment§1915.131 General precautions 52§1915.132 Portable electric tools 53§1915.133 Hand tools 53§1915.134 Abrasive wheels 53§1915.135 Powder actuated fastening tools 53

ii TOC

TOC

Table of Contents

§1915.136 Internal combustion engines,other than ship's equipment 54

Subpart I - Personal Protective Equipment (PPE)§1915.151 Scope, application and definitions 54§1915.152 General requirements 55§1915.153 Eye and face protection 55§1915.154 Respiratory protection 56§1915.155 Head protection 56§1915.156 Foot protection 56§1915.157 Hand and body protection 57§1915.158 Lifesaving equipment 57§1915.159 Personal fall arrest systems

(PFAS) 57§1915.160 Positioning device systems 58Appendix A Non-Mandatory Guidelines for

Hazard Assessment, 58Appendix B General Testing Conditions and

Additional Guidelines 60

Subpart J - Ship's Machinery andPiping Systems§1915.161 Scope and application of subpart 62§1915.162 Ship's boilers 62§1915.163 Ship's piping systems 62§1915.164 Ship's propulsion machinery 62§1915.165 Ship's deck machinery 62

Subpart K - Portable, Unfired Pres-sure Vessels, Drums and Containers, Other Than Ship's Equipment§1915.171 Scope and application of subpart 62§1915.172 Portable air receivers and other

unfired pressure vessels 62§1915.173 Drums and containers 63

Subpart L - Electrical Machinery§1915.181 Electric circuits and distribution

boards 63

Subpart M - O [Reserved]Subpart P - Fire Protection inShipyard Employment§1915.501 General provisions 63§1915.502 Fire safety plan 63§1915.503 Precautions for hot work 64§1915.504 Fire watches 64§1915.505 Fire response 64§1915.506 Hazards of fixed extinguishing

systems on board vessels and vessel sections 66

§1915.507 Land-side fire protection systems 66§1915.508 Training 67§1915.509 Definitions applicable to this subpart 68Appendix A Model Fire Safety Plan

(Non-Mandatory) 69

Subpart Z - Toxic and HazardousSubstances§1915.1000 Air contaminants 69§1915.1001 Asbestos 79

§1915.1002 Coal tar pitch volatiles; interpretation of term 110

§1915.1003 13 carcinogens (4-Nitrobiphenyl, etc.) 110

§1915.1004 alpha-Naphthylamine 110§1915.1005 [Reserved] 111§1915.1006 Methyl chloromethyl ether 111§1915.1007 3,3'-Dichlorobenzidiene

(and its salts) 111§1915.1008 bis-Chloromethyl ether 111§1915.1009 beta-Naphthylamine 111§1915.1010 Benzidine 111§1915.1011 4-Aminodiphenyl 111§1915.1012 Ethyleneimine 111§1915.1013 beta-Propiolactone 111§1915.1014 2-Acetylaminofluorene 111§1915.1015 4-Dimethylaminoazobenzene 111§1915.1016 N-Nitrosodimethylamine 111§1915.1017 Vinyl chloride 111§1915.1018 Inorganic arsenic 111§1915.1020 Access to employee exposure

and medical records 111§1915.1025 Lead 111§1915.1026 Chromium (VI) 111§1915.1027 Cadmium 114§1915.1028 Benzene 114§1915.1030 Bloodborne pathogens 114§1915.1044 1,2-dibromo-3-chloropropane 114§1915.1045 Acrylonitrile 114§1915.1047 Ethylene oxide 114§1915.1048 Formaldehyde 114§1915.1050 Methylenedianiline 114§1915.1052 Methylene chloride 114§1915.1200 Hazard communication 114§1915.1450 Occupational exposure to

hazardous chemicals in laboratories 114

Part 1917 - Marine TerminalsSubpart A - General Provisions§1917.1 Scope and applicability 115§1917.2 Definitions 115§1917.3 Incorporation by reference 116§1917.4 OMB control numbers under

the Paperwork Reduction Act 117§1917.5 Compliance duties owed to

each employee 117

Subpart B - Marine Terminal Opera-tions§1917.11 Housekeeping 117§1917.12 Slippery conditions 117§1917.13 Slinging 118§1917.14 Stacking of cargo and pallets 118§1917.15 Coopering 118§1917.16 Line handling.

(See also §1917.95(b)) 118§1917.17 Railroad facilities 118§1917.18 Log handling 118§1917.19 Movement of barges and railcars 118§1917.20 Interference with communications 118§1917.21 Open fires 118§1917.22 Hazardous cargo (See §1917.2(p)) 118

TOC

iii

§1917.23 Hazardous atmospheres and substances (see also §1917.2 Hazardous cargo, material,substance or atmosphere) 119

§1917.24 Carbon monoxide 119§1917.25 Fumigants, pesticides, insecticides

and hazardous preservatives (seealso §1917.2 Hazardous cargo, material, substance or atmosphere) 119

§1917.26 First aid and lifesaving facilities 119§1917.27 Personnel 120§1917.28 Hazard communication (See also

§1917.1(a)(2)(vi)) 120§1917.29 Retention of DOT markings,

placards and labels 120§1917.30 Emergency action plans 120

Subpart C - Cargo Handling Gear and Equipment§1917.41 House falls 121§1917.42 Miscellaneous auxiliary gear 121§1917.43 Powered industrial trucks 123§1917.44 General rules applicable to vehicles 124§1917.45 Cranes and derricks (See also

§1917.50) 125§1917.46 Load indicating devices 127§1917.47 Winches 128§1917.48 Conveyors 128§1917.49 Spouts, chutes, hoppers, bins,

and associated equipment 128§1917.50 Certification of marine terminal

material handling devices 129§1917.51 Hand tools 130

Subpart D - Specialized Terminals§1917.70 General 130§1917.71 Terminals handling intermodal

containers or roll-on roll-off operations 130

§1917.73 Terminal facilities handling menhaden and similar species of fish (see also §1917.2, definition of hazardous cargo, material, substance or atmosphere) 132

Subpart E - Personal Protection§1917.91 Eye and face protection 132§1917.92 Respiratory protection 132§1917.93 Head protection 132§1917.94 Foot protection 132§1917.95 Other protective measures 133§1917.96 Payment for protective equipment 133

Subpart F - Terminal Facilities§1917.111 Maintenance and load limits 133§1917.112 Guarding of edges 133§1917.113 Clearance heights 134§1917.114 Cargo doors 134§1917.115 Platforms and skids 134§1917.116 Elevators and escalators 134§1917.117 Manlifts 134§1917.118 Fixed ladders 135§1917.119 Portable ladders 136§1917.120 Fixed stairways 136§1917.121 Spiral stairways 137

§1917.122 Employee exits 137§1917.123 Illumination 137§1917.124 Dockboards (car and bridge plates) 137§1917.125 Guarding temporary hazards 137§1917.126 River banks 137§1917.127 Sanitation 138§1917.128 Signs and marking 138

Subpart G - Related Terminal Opera-tions and Equipment§1917.151 Machine guarding 138§1917.152 Welding, cutting and heating

(hot work) 139§1917.153 Spray painting 141§1917.154 Compressed air 142§1917.155 Air receivers 142§1917.156 Fuel handling and storage 142§1917.157 Battery charging and changing 143§1917.158 Prohibited operations 143

§1918 - Safety And Health Regula-tions For LongshoringSubpart A - General Provisions§1918.1 Scope and application 145§1918.2 Definitions 145§1918.3 Incorporation by reference 146§1918.4 OMB control numbers under the

Paperwork Reduction Act 146§1918.5 Compliance duties owed to

each employee 147

Subpart B - Gear Certification§1918.11 Gear certification (See also

§§1918.2, definition of “Vessel's cargo handling gear” and 1918.51) 147

Subpart C - Gangways and Other Means of Access§1918.21 General requirements 147§1918.22 Gangways 148§1918.23 Jacob's ladders 148§1918.24 Fixed and portable ladders 148§1918.25 Bridge plates and ramps

(See also §1918.86) 149§1918.26 Access to barges and river

towboats 149

Subpart D - Working Surfaces§1918.31 Hatch coverings 149§1918.32 Stowed cargo and temporary

landing surfaces 149§1918.33 Deck loads 149§1918.34 Other decks 149§1918.35 Open hatches 149§1918.36 Weather deck rails 149§1918.37 Barges 150

Subpart E - Opening and Closing Hatches§1918.41 Coaming clearances 150§1918.42 Hatch beam and pontoon bridles 150§1918.43 Handling hatch beams and covers 150

iv TOC

TOC

Table of Contents

Subpart F - Vessel's Cargo Handling Gear§1918.51 General requirements (See also

§1918.11 and Appendix IIIof this part) 151

§1918.52 Specific requirements 151§1918.53 Cargo winches 151§1918.54 Rigging gear 151§1918.55 Cranes (See also §1918.11) 152

Subpart G - Cargo Handling Gear and Equipment Other Than Ship's Gear§1918.61 General (See also appendix IV

of this part) 152§1918.62 Miscellaneous auxiliary gear 153§1918.63 Chutes, gravity conveyors

and rollers 154§1918.64 Powered conveyors 154§1918.65 Mechanically powered vehicles

used aboard vessels 155§1918.66 Cranes and derricks other than

vessel's gear 156§1918.67 Notifying the ship's officers

before using certain equipment 158§1918.68 Grounding 158§1918.69 Tools 158

Subpart H - Handling Cargo§1918.81 Slinging 158§1918.82 Building drafts 158§1918.83 Stowed cargo; tiering and

breaking down 158§1918.84 Bulling cargo 158§1918.85 Containerized cargo operations 158§1918.86 Roll-on roll-off (Ro-Ro) operations 160§1918.87 Ship's cargo elevators 161§1918.88 Log operations 161§1918.89 Handling hazardous cargo

(See also §1918.2 and §1918.99) 161

Subpart I - General Working Conditions.§1918.90 Hazard communication 161§1918.91 Housekeeping 161§1918.92 Illumination 161§1918.93 Hazardous atmospheres and

substances (See also §1918.2) 162§1918.94 Ventilation and atmospheric

conditions (See also §1918.2, definitions of Hazardous cargo, materials, substance or atmosphere and Ro-Ro operations) 162

§1918.95 Sanitation 163§1918.96 Maintenance and repair work

in the vicinityof longshoring operations 163

§1918.97 First aid and lifesaving facilities 163§1918.98 Qualifications of machinery

operatorsand supervisory training 164

§1918.99 Retention of DOT markings, placards and labels 164

§1918.100 Emergency action plans 164

Subpart J - Personal Protective Equipment§1918.101 Eye and face protection 164§1918.102 Respiratory protection 165§1918.103 Head protection 165§1918.104 Foot protection 165§1918.105 Other protective measures 165§1918.106 Payment for protective equipment 165Appendix I Cargo Gear Register and

Certificates (Non-mandatory) 165Appendix II Tables for Selected Miscellaneous

Auxiliary Gear (Mandatory) 167Appendix III The Mechanics of Conventional

Cargo Gear(Non-mandatory) 170

Appendix IV Special Cargo Gear and Container Spreader Test Requirements (Mandatory) 171

Appendix V Basic Elements of a first aid training program 172

Part 1919 - Gear CertificationSubpart A - General Provisions§1919.1 Purpose and scope 175§1919.2 Definition of terms 175

Subpart B - Procedure GoverningAccreditation§1919.3 Application for accreditation 175§1919.4 Action upon application 176§1919.5 Duration and renewal of

accreditation 176§1919.6 Criteria governing accreditation to

certificate vessels' cargo gear 176§1919.7 Voluntary amendment or

termination of accreditation 176§1919.8 Suspension or revocation of

accreditation 176§1919.9 Reconsideration and review 176

Subpart C - Duties of Persons Accredited To Certificate Vessels' Cargo Gear§1919.10 General duties; exemptions 177§1919.11 Recordkeeping and related

procedures concerning records in custody of accredited persons 177

§1919.12 Recordkeeping and related procedures concerning records in custody of the vessel 177

Subpart D - Certification of Vessels'Cargo Gear§1919.13 General 177§1919.14 Initial tests of cargo gear and

tests after alterations, renewals or repairs 178

§1919.15 Periodic tests, examinations and inspections 178

§1919.16 Heat treatment 178§1919.17 Exemptions from heat treatment 178§1919.18 Grace periods 178§1919.19 Gear requiring welding 178

TOC

v

§1919.20 Damaged components 179§1919.21 Marking and posting of safe

working loads 179§1919.22 Requirements governing braking

devices and power sources 179§1919.23 Means of derrick attachment 179§1919.24 Limitations on use of wire rope 179§1919.25 Limitations on use of chains 179

Subpart E - Certification of Vessels:Tests and Proof Loads; Heat Treatment; Competent Persons§1919.26 Visual inspection before tests 179§1919.27 Unit proof tests — winches,

derricks and gear accessory thereto 179

§1919.28 Unit proof tests — cranes andgear accessory thereto 180

§1919.29 Limitations on safe working loads and proof loads 180

§1919.30 Examinations subsequent to unit tests 180

§1919.31 Proof tests — loose gear 180§1919.32 Specially designed blocks and

components 181§1919.33 Proof tests — wire rope 181§1919.34 Proof tests after repairs or

alterations 181§1919.35 Order of tests 181§1919.36 Heat treatment 181§1919.37 Competent persons 181

Subpart F - Accreditation To Certifi-cate Shore-Based Equipment§1919.50 Eligibility for accreditation to

certificate shore-based material handling devices covered by §1917.50 of this chapter, safety and health regulations for marine terminals 181

§1919.51 Provisions respecting application for accreditation, 181

Subpart G - Duties of Persons Accredited To Certificate Shore-Based Material Handling Devices§1919.60 General duties, exemptions 182

Subpart H - Certification of Shore-Based Material Handling Devices§1919.70 General provisions 182§1919.71 Unit proof test and examination of

cranes 182§1919.72 Annual examination of cranes 183

§1919.73 Unit proof test and examination of derricks 183

§1919.74 Annual examination of derricks 183§1919.75 Determination of crane or derrick

safe working loads and limitationsin absence of manufacturer's data 183

§1919.76 Safe working load reduction 183§1919.77 Safe working load increase 183§1919.78 Nondestructive examinations 183§1919.79 Wire rope 183§1919.80 Heat treatment 183§1919.81 Examination of bulk cargo loading

or discharging spouts or suckers 183§1919.90 Documentation 183

Part 1920 - Procedure For Variations From Safety And Health Regulations Under The Longshoremen's And Har-bor Workers' Compensation Act§1920.1 Purpose 185§1920.2 Variances 185

Selected 1910 Sections§1910.7 Definition and requirements for a

nationally recognized testing laboratory 187

§1910.9 Compliance duties owed to each employee 190

§1910.19 Special provisions for air contaminants 190Respiratory protection 191

§1910.141 Sanitation 205§1910.178 Powered industrial trucks 206§1910.401 Scope and application 213§1910.402 Definitions 213§1910.410 Qualifications of dive team 214§1910.420 Safe practices manual 214§1910.421 Pre-dive procedures 214§1910.422 Procedures during dive 215§1910.423 Post-dive procedures 215§1910.424 SCUBA diving 216§1910.425 Surface-supplied air diving 216§1910.426 Mixed-gas diving 217§1910.427 Liveboating 217§1910.430 Equipment 217§1910.440 Recordkeeping requirements 218§1910.1020 Access to employee exposure

and medical records 218§1910.1200 Hazard communication 223

Addendum 281

Letters of Interpretation 293

Index 297

vi TOC

1903 - Inspections, Citations, and Proposed Penalties §1903.4 (b)

1903

Inspections, Citations,

and Proposed Penalties

1903 - Inspections, Citations, and Proposed Penalties

§1903.1Purpose and scope

The Williams-Steiger Occupational Safety and Health Act of 1970 (84Stat. 1590 et seq., 29 U.S.C. 651 et seq.) requires, in part, that everyemployer covered under the Act furnish to his employees employmentand a place of employment which are free from recognized hazards thatare causing or are likely to cause death or serious physical harm to hisemployees. The Act also requires that employers comply with occupa-tional safety and health standards promulgated under the Act, and thatemployees comply with standards, rules, regulations and orders issuedunder the Act which are applicable to their own actions and conduct. TheAct authorizes the Department of Labor to conduct inspections, and toissue citations and proposed penalties for alleged violations. The Act,under section 20(b), also authorizes the Secretary of Health, Education,and Welfare to conduct inspections and to question employers andemployees in connection with research and other related activities. TheAct contains provisions for adjudication of violations, periods prescribedfor the abatement of violations, and proposed penalties by the Occupa-tional Safety and Health Review Commission, if contested by anemployer or by an employee or authorized representative of employees,and for judicial review. The purpose of this part 1903 is to prescribe rulesand to set forth general policies for enforcement of the inspection, citation,and proposed penalty provisions of the Act. In situations where this part1903 sets forth general enforcement policies rather than substantive orprocedural rules, such policies may be modified in specific circumstanceswhere the Secretary or his designee determines that an alternative courseof action would better serve the objectives of the Act. [§1903.1]

§1903.2Posting of notice; availability of the Act,

regulations and applicable standards(a)(1) Each employer shall post and keep posted a notice or notices,

to be furnished by the Occupational Safety and Health Adminis-tration, U.S. Department of Labor, informing employees of theprotections and obligations provided for in the Act, and that forassistance and information, including copies of the Act and ofspecific safety and health standards, employees should contactthe employer or the nearest office of the Department of Labor.Such notice or notices shall be posted by the employer in eachestablishment in a conspicuous place or places where noticesto employees are customarily posted. Each employer shall takesteps to insure that such notices are not altered, defaced, orcovered by other material. [§1903.2(a)(1)]

(2) Where a State has an approved poster informing employees oftheir protections and obligations as defined in §1952.10 of thischapter, such poster, when posted by employers covered by theState plan, shall constitute compliance with the posting require-ments of section 8(c)(1) of the Act. Employers whose opera-tions are not within the issues covered by the State plan mustcomply with paragraph (a)(1) of this section. [§1903.2(a)(2)]

(3) Reproductions or facsimiles of such Federal or State posters shallconstitute compliance with the posting requirements of section8(c)(1) of the Act where such reproductions or facsimiles are atleast 8½ inches by 14 inches, and the printing size is at least 10 pt.Whenever the size of the poster increases, the size of the print shallalso increase accordingly. The caption or heading on the postershall be in large type, generally not less than 36 pt. [§1903.2(a)(3)]

(b) Establishment means a single physical location where businessis conducted or where services or industrial operations are per-formed. (For example: A factory, mill, store, hotel, restaurant,movie theatre, farm, ranch, bank, sales office, warehouse, or cen-tral administrative office.) Where distinctly separate activities areperformed at a single physical location (such as contract construc-tion activities from the same physical location as a lumber yard),each activity shall be treated as a separate physical establishment,and a separate notice or notices shall be posted in each suchestablishment, to the extent that such notices have been furnishedby the Occupational Safety and Health Administration, U.S.Department of Labor. Where employers are engaged in activitieswhich are physically dispersed, such as agriculture, construction,transportation, communications, and electric, gas and sanitary ser-vices, the notice or notices required by this section shall be postedat the location to which employees report each day. Where employ-

ees do not usually work at, or report to, a single establishment,such as longshoremen, traveling salesmen, technicians, engi-neers, etc., such notice or notices shall be posted at the locationfrom which the employees operate to carry out their activities. In allcases, such notice or notices shall be posted in accordance withthe requirements of paragraph (a) of this section. [§1903.2(b)]

(c) Copies of the Act, all regulations published in this chapter and allapplicable standards will be available at all Area Offices of theOccupational Safety and Health Administration, U.S. Departmentof Labor. If an employer has obtained copies of these materials,he shall make them available upon request to any employee or hisauthorized representative for review in the establishment wherethe employee is employed on the same day the request is madeor at the earliest time mutually convenient to the employee or hisauthorized representative and the employer. [§1903.2(c)]

(d) Any employer failing to comply with the provisions of this sectionshall be subject to citation and penalty in accordance with the provi-sions of section 17 of the Act. [§1903.2(d)]

[36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974]

§1903.3Authority for inspection

(a) Compliance Safety and Health Officers of the Department ofLabor are authorized to enter without delay and at reasonabletimes any factory, plant, establishment, construction site, or otherarea, workplace or environment where work is performed by anemployee of an employer; to inspect and investigate during regu-lar working hours and at other reasonable times, and within rea-sonable limits and in a reasonable manner, any such place ofemployment, and all pertinent conditions, structures, machines,apparatus, devices, equipment and materials therein; to questionprivately any employer, owner, operator, agent or employee; andto review records required by the Act and regulations published inthis chapter, and other records which are directly related to thepurpose of the inspection. Representatives of the Secretary ofHealth, Education, and Welfare are authorized to make inspec-tions and to question employers and employees in order to carryout the functions of the Secretary of Health, Education, and Wel-fare under the Act. Inspections conducted by Department of LaborCompliance Safety and Health Officers and representatives of theSecretary of Health, Education, and Welfare under section 8 of theAct and pursuant to this part 1903 shall not affect the authority ofany State to conduct inspections in accordance with agreementsand plans under section 18 of the Act. [§1903.3(a)]

(b) Prior to inspecting areas containing information which is clas-sified by an agency of the United States Government in the inter-est of national security, Compliance Safety and Health Officersshall have obtained the appropriate security clearance. [§1903.3(b)]

§1903.4Objection to inspection

(a) Upon a refusal to permit the Compliance Safety and Health Offi-cer, in exercise of his official duties, to enter without delay and atreasonable times any place of employment or any place therein,to inspect, to review records, or to question any employer, owner,operator, agent, or employee, in accordance with §1903.3 or topermit a representative of employees to accompany the Compli-ance Safety and Health Officer during the physical inspection ofany workplace in accordance with §1903.8, the Safety and HealthOfficer shall terminate the inspection or confine the inspection toother areas, conditions, structures, machines, apparatus, devices,equipment, materials, records, or interviews concerning which noobjection is raised. The Compliance Safety and Health Officershall endeavor to ascertain the reason for such refusal, and shallimmediately report the refusal and the reason therefor to the AreaDirector. The Area Director shall consult with the Regional Solici-tor, who shall take appropriate action, including compulsory pro-cess, if necessary. [§1903.4(a)]

(b) Compulsory process shall be sought in advance of an attemptedinspection or investigation if, in the judgment of the Area Director andthe Regional Solicitor, circumstances exist which make such prein-spection process desirable or necessary. Some examples of circum-stances in which it may be desirable or necessary to seek compulsoryprocess in advance of an attempt to inspect or investigate include (butare not limited to): [§1903.4(b)]

(1) When the employer's past practice either implicitly or explicitlyputs the Secretary on notice that a warrantless inspection willnot be allowed; [§1903.4(b)(1)]

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§1903.5 1903 - Inspections, Citations, and Proposed Penalties

(2) When an inspection is scheduled far from the local office andprocuring a warrant prior to leaving to conduct the inspectionwould avoid, in case of refusal of entry, the expenditure of sig-nificant time and resources to return to the office, obtain a war-rant and return to the worksite; [§1903.4(b)(2)]

(3) When an inspection includes the use of special equipment orwhen the presence of an expert or experts is needed in order toproperly conduct the inspection, and procuring a warrant priorto an attempt to inspect would alleviate the difficulties or costsencountered in coordinating the availability of such equipmentor expert. [§1903.4(b)(3)]

(c) With the approval of the Regional Administrator and the RegionalSolicitor, compulsory process may also be obtained by the Area Direc-tor or his designee. [§1903.4(c)]

(d) For purposes of this section, the term compulsory process shallmean the institution of any appropriate action, including ex parteapplication for an inspection warrant or its equivalent. Ex parteinspection warrants shall be the preferred form of compulsory pro-cess in all circumstances where compulsory process is reliedupon to seek entry to a workplace under this section. [§1903.4(d)]

[45 FR 65923, Oct. 3, 1980]

§1903.5Entry not a waiver

Any permission to enter, inspect, review records, or question any per-son, shall not imply or be conditioned upon a waiver of any cause ofaction, citation, or penalty under the Act. Compliance Safety andHealth Officers are not authorized to grant any such waiver. [§1903.5]

§1903.6Advance notice of inspections

(a) Advance notice of inspections may not be given, except in thefollowing situations: [§1903.6(a)]

(1) In cases of apparent imminent danger, to enable the employerto abate the danger as quickly as possible; [§1903.6(a)(1)]

(2) In circumstances where the inspection can most effectively beconducted after regular business hours or where special prepa-rations are necessary for an inspection; [§1903.6(a)(2)]

(3) Where necessary to assure the presence of representatives ofthe employer and employees or the appropriate personnelneeded to aid in the inspection; and [§1903.6(a)(3)]

(4) In other circumstances where the Area Director determines thatthe giving of advance notice would enhance the probability ofan effective and thorough inspection. [§1903.6(a)(4)]

(b) In the situations described in paragraph (a) of this section, advance notice of inspections may be given only if authorized by theArea Director, except that in cases of apparent imminent danger,advance notice may be given by the Compliance Safety and HealthOfficer without such authorization if the Area Director is not immedi-ately available. When advance notice is given, it shall be theemployer's responsibility promptly to notify the authorized representa-tive of employees of the inspection, if the identity of such representa-tive is known to the employer. (See §1903.8(b) as to situations wherethere is no authorized representative of employees.) Upon the requestof the employer, the Compliance Safety and Health Officer will informthe authorized representative of employees of the inspection, pro-vided that the employer furnishes the Compliance Safety and HealthOfficer with the identity of such representative and with such otherinformation as is necessary to enable him promptly to inform such rep-resentative of the inspection. An employer who fails to comply with hisobligation under this paragraph promptly to inform the authorized rep-resentative of employees of the inspection or to furnish such informa-tion as is necessary to enable the Compliance Safety and HealthOfficer promptly to inform such representative of the inspection, maybe subject to citation and penalty under section 17(c) of the Act.Advance notice in any of the situations described in paragraph (a) ofthis section shall not be given more than 24 hours before the inspec-tion is scheduled to be conducted, except in apparent imminent dan-ger situations and in other unusual circumstances. [§1903.6(b)]

(c) The Act provides in section 17(f) that any person who givesadvance notice of any inspection to be conducted under the Act,without authority from the Secretary or his designees, shall, uponconviction, be punished by fine of not more than $1,000 or byimprisonment for not more than 6 months, or by both. [§1903.6(c)]

§1903.7Conduct of inspections

(a) Subject to the provisions of §1903.3, inspections shall takeplace at such times and in such places of employment as the AreaDirector or the Compliance Safety and Health Officer may direct.At the beginning of an inspection, Compliance Safety and HealthOfficers shall present their credentials to the owner, operator, oragent in charge at the establishment; explain the nature and pur-pose of the inspection; and indicate generally the scope of theinspection and the records specified in §1903.3 which they wish toreview. However, such designation of records shall not precludeaccess to additional records specified in §1903.3. [§1903.7(a)]

(b) Compliance Safety and Health Officers shall have authority totake environmental samples and to take or obtain photographsrelated to the purpose of the inspection, employ other reasonableinvestigative techniques, and question privately any employer,owner, operator, agent or employee of an establishment. (See§1903.9 on trade secrets.) As used herein, the term employ otherreasonable investigative techniques includes, but is not limited to,the use of devices to measure employee exposures and theattachment of personal sampling equipment such as dosimeters,pumps, badges and other similar devices to employees in order tomonitor their exposures. [§1903.7(b)]

(c) In taking photographs and samples, Compliance Safety and HealthOfficers shall take reasonable precautions to insure that such actionswith flash, spark-producing, or other equipment would not be hazard-ous. Compliance Safety and Health Officers shall comply with allemployer safety and health rules and practices at the establishmentbeing inspected, and they shall wear and use appropriate protectiveclothing and equipment. [§1903.7(c)]

(d) The conduct of inspections shall be such as to preclude unrea-sonable disruption of the operations of the employer's establishment. [§1903.7(d)]

(e) At the conclusion of an inspection, the Compliance Safety andHealth Officer shall confer with the employer or his representativeand informally advise him of any apparent safety or health viola-tions disclosed by the inspection. During such conference, theemployer shall be afforded an opportunity to bring to the attentionof the Compliance Safety and Health Officer any pertinent infor-mation regarding conditions in the workplace. [§1903.7(e)]

(f) Inspections shall be conducted in accordance with the require-ments of this part. [§1903.7(f)]

[36 FR 17850, Sept. 14, 1971, as amended at 47 FR 6533, Feb. 12, 1982; 47 FR 55481, Dec. 10, 1982]

§1903.8Representatives of employers and employees

(a) Compliance Safety and Health Officers shall be in charge ofinspections and questioning of persons. A representative of theemployer and a representative authorized by his employees shallbe given an opportunity to accompany the Compliance Safety andHealth Officer during the physical inspection of any workplace forthe purpose of aiding such inspection. A Compliance Safety andHealth Officer may permit additional employer representatives andadditional representatives authorized by employees to accompanyhim where he determines that such additional representatives willfurther aid the inspection. A different employer and employee rep-resentative may accompany the Compliance Safety and HealthOfficer during each different phase of an inspection if this will notinterfere with the conduct of the inspection. [§1903.8(a)]

(b) Compliance Safety and Health Officers shall have authority toresolve all disputes as to who is the representative authorized bythe employer and employees for the purpose of this section. Ifthere is no authorized representative of employees, or if the Com-pliance Safety and Health Officer is unable to determine with rea-sonable certainty who is such representative, he shall consult witha reasonable number of employees concerning matters of safetyand health in the workplace. [§1903.8(b)]

(c) The representative(s) authorized by employees shall be anemployee(s) of the employer. However, if in the judgment of theCompliance Safety and Health Officer, good cause has beenshown why accompaniment by a third party who is not anemployee of the employer (such as an industrial hygienist or asafety engineer) is reasonably necessary to the conduct of aneffective and thorough physical inspection of the workplace, suchthird party may accompany the Compliance Safety and HealthOfficer during the inspection. [§1903.8(c)]

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Inspection not warranted; informal review §1903.12 (b)

1903

Inspections, Citations,

and Proposed Penalties

(d) Compliance Safety and Health Officers are authorized to denythe right of accompaniment under this section to any personwhose conduct interferes with a fair and orderly inspection. Theright of accompaniment in areas containing trade secrets shall besubject to the provisions of §1903.9(d). With regard to informationclassified by an agency of the U.S. Government in the interest ofnational security, only persons authorized to have access to suchinformation may accompany a Compliance Safety and Health Offi-cer in areas containing such information. [§1903.8(d)]

§1903.9Trade secrets

(a) Section 15 of the Act provides: “All information reported to orotherwise obtained by the Secretary or his representative in con-nection with any inspection or proceeding under this Act whichcontains or which might reveal a trade secret referred to in section1905 of title 18 of the United States Code shall be considered con-fidential for the purpose of that section, except that such informa-tion may be disclosed to other officers or employees concernedwith carrying out this Act or when relevant in any proceedingunder this Act. In any such proceeding the Secretary, the Commis-sion, or the court shall issue such orders as may be appropriate toprotect the confidentiality of trade secrets.” Section 15 of the Act isconsidered a statute within the meaning of section 552(b)(3) oftitle 5 of the United States Code, which exempts from the disclo-sure requirements matters that are “specifically exempted fromdisclosure by statute.” [§1903.9(a)]

(b) Section 1905 of title 18 of the United States Code provides:“Whoever, being an officer or employee of the United States or ofany department or agency thereof, publishes, divulges, discloses,or makes known in any manner or to any extent not authorized bylaw any information coming to him in the course of his employmentor official duties or by reason of any examination or investigationmade by, or return, report or record made to or filed with, suchdepartment or agency or officer or employee thereof, which infor-mation concerns or relates to the trade secrets, processes, opera-tions, style of work, or apparatus, or to the identity, confidentialstatistical data, amount or source of any income, profits, losses, orexpenditures of any person, firm, partnership, corporation, or asso-ciation; or permits any income return or copy thereof or any bookcontaining any abstract or particulars thereof to be seen or exam-ined by any person except as provided by law; shall be fined notmore than $1,000, or imprisoned not more than 1 year, or both; andshall be removed from office or employment.” [§1903.9(b)]

(c) At the commencement of an inspection, the employer mayidentify areas in the establishment which contain or which mightreveal a trade secret. If the Compliance Safety and Health Officerhas no clear reason to question such identification, informationobtained in such areas, including all negatives and prints of photo-graphs, and environmental samples, shall be labeled “confidential— trade secret” and shall not be disclosed except in accordancewith the provisions of section 15 of the Act. [§1903.9(c)]

(d) Upon the request of an employer, any authorized representativeof employees under §1903.8 in an area containing trade secretsshall be an employee in that area or an employee authorized by theemployer to enter that area. Where there is no such representativeor employee, the Compliance Safety and Health Officer shall con-sult with a reasonable number of employees who work in that areaconcerning matters of safety and health. [§1903.9(d)]

§1903.10Consultation with employees

Compliance Safety and Health Officers may consult with employeesconcerning matters of occupational safety and health to the extentthey deem necessary for the conduct of an effective and thoroughinspection. During the course of an inspection, any employee shall beafforded an opportunity to bring any violation of the Act which he hasreason to believe exists in the workplace to the attention of the Com-pliance Safety and Health Officer. [§1903.10]

§1903.11Complaints by employees

(a) Any employee or representative of employees who believe thata violation of the Act exists in any workplace where such employeeis employed may request an inspection of such workplace by givingnotice of the alleged violation to the Area Director or to a Compli-ance Safety and Health Officer. Any such notice shall be reduced towriting, shall set forth with reasonable particularity the grounds forthe notice, and shall be signed by the employee or representative ofemployees. A copy shall be provided the employer or his agent bythe Area Director or Compliance Safety and Health Officer no laterthan at the time of inspection, except that, upon the request of theperson giving such notice, his name and the names of individualemployees referred to therein shall not appear in such copy or onany record published, released, or made available by the Depart-ment of Labor. [§1903.11(a)]

(b) If upon receipt of such notification the Area Director deter-mines that the complaint meets the requirements set forth in para-graph (a) of this section, and that there are reasonable grounds tobelieve that the alleged violation exists, he shall cause an inspec-tion to be made as soon as practicable, to determine if suchalleged violation exists. Inspections under this section shall not belimited to matters referred to in the complaint. [§1903.11(b)]

(c) Prior to or during any inspection of a workplace, any employeeor representative of employees employed in such workplace maynotify the Compliance Safety and Health Officer, in writing, of any vio-lation of the Act which they have reason to believe exists in suchworkplace. Any such notice shall comply with the requirements ofparagraph (a) of this section. [§1903.11(c)]

(d) Section 11(c)(1) of the Act provides: “No person shall dischargeor in any manner discriminate against any employee becausesuch employee has filed any complaint or instituted or caused tobe instituted any proceeding under or related to this Act or hastestified or is about to testify in any such proceeding or because ofthe exercise by such employee on behalf of himself or others ofany right afforded by this Act.” [§1903.11(d)]

(Approved by the Office of Management and Budget under control number 1218-0064)

[36 FR 17850, Sept. 4, 1973, as amended at 54 FR 24333, June 7, 1989]

§1903.12Inspection not warranted; informal review

(a) If the Area Director determines that an inspection is not war-ranted because there are no reasonable grounds to believe that aviolation or danger exists with respect to a complaint under§1903.11, he shall notify the complaining party in writing of suchdetermination. The complaining party may obtain review of suchdetermination by submitting a written statement of position withthe Assistant Regional Director and, at the same time, providingthe employer with a copy of such statement by certified mail. Theemployer may submit an opposing written statement of positionwith the Assistant Regional Director and, at the same time, pro-vide the complaining party with a copy of such statement by certi-fied mail. Upon the request of the complaining party or theemployer, the Assistant Regional Director, at his discretion, mayhold an informal conference in which the complaining party andthe employer may orally present their views. After considering allwritten and oral views presented, the Assistant Regional Directorshall affirm, modify, or reverse the determination of the Area Direc-tor and furnish the complaining party and the employer and writtennotification of this decision and the reasons therefor. The decisionof the Assistant Regional Director shall be final and not subject tofurther review. [§1903.12(a)]

(b) If the Area Director determines that an inspection is not war-ranted because the requirements of §1903.11(a) have not been met,he shall notify the complaining party in writing of such determination.Such determination shall be without prejudice to the filing of a newcomplaint meeting the requirements of §1903.11(a). [§1903.12(b)]

3

§1903.13 1903 - Inspections, Citations, and Proposed Penalties

§1903.13Imminent danger

Whenever and as soon as a Compliance Safety and Health Officerconcludes on the basis of an inspection that conditions or practicesexist in any place of employment which could reasonably be expectedto cause death or serious physical harm immediately or before theimminence of such danger can be eliminated through the enforce-ment procedures otherwise provided by the Act, he shall inform theaffected employees and employers of the danger and that he is rec-ommending a civil action to restrain such conditions or practices andfor other appropriate relief in accordance with the provisions of sec-tion 13(a) of the Act. Appropriate citations and notices of proposedpenalties may be issued with respect to an imminent danger eventhough, after being informed of such danger by the ComplianceSafety and Health Officer, the employer immediately eliminates theimminence of the danger and initiates steps to abate such danger.[§1903.13]

§1903.14Citations; notices of de minimis violations; policy

regarding employee rescue activities(a) The Area Director shall review the inspection report of the Com-

pliance Safety and Health Officer. If, on the basis of the report theArea Director believes that the employer has violated a require-ment of section 5 of the Act, of any standard, rule or order promul-gated pursuant to section 6 of the Act, or of any substantive rulepublished in this chapter, he shall, if appropriate, consult with theRegional Solicitor, and he shall issue to the employer either a cita-tion or a notice of de minimis violations which have no direct orimmediate relationship to safety or health. An appropriate citationor notice of de minimis violations shall be issued even though afterbeing informed of an alleged violation by the Compliance Safetyand Health Officer, the employer immediately abates, or initiatessteps to abate, such alleged violation. Any citation or notice of deminimis violations shall be issued with reasonable promptnessafter termination of the inspection. No citation may be issuedunder this section after the expiration of 6 months following theoccurrence of any alleged violation. [§1903.14(a)]

(b) Any citation shall describe with particularity the nature of thealleged violation, including a reference to the provision(s) of theAct, standard, rule, regulation, or order alleged to have been vio-lated. Any citation shall also fix a reasonable time or times for theabatement of the alleged violation. [§1903.14(b)]

(c) If a citation or notice of de minimis violations is issued for aviolation alleged in a request for inspection under §1903.11(a) or anotification of violation under §1903.11(c), a copy of the citation ornotice of de minimis violations shall also be sent to the employeeor representative of employees who made such request or notifi-cation. [§1903.14(c)]

(d) After an inspection, if the Area Director determines that a cita-tion is not warranted with respect to a danger or violation allegedto exist in a request for inspection under §1903.11(a) or a notifica-tion of violation under §1903.11(c), the informal review proceduresprescribed in §1903.12(a) shall be applicable. After considering allviews presented, the Assistant Regional Director shall affirm thedetermination of the Area Director, order a reinspection, or issue acitation if he believes that the inspection disclosed a violation. TheAssistant Regional Director shall furnish the complaining partyand the employer with written notification of his determination andthe reasons therefor. The determination of the Assistant RegionalDirector shall be final and not subject to review. [§1903.14(d)]

(e) Every citation shall state that the issuance of a citation does notconstitute a finding that a violation of the Act has occurred unlessthere is a failure to contest as provided for in the Act or, if con-tested, unless the citation is affirmed by the Review Commission.[§1903.14(e)]

(f) No citation may be issued to an employer because of a rescueactivity undertaken by an employee of that employer with respectto an individual in imminent danger unless: [§1903.14(f)]

(1)(i) Such employee is designated or assigned by the employer tohave responsibility to perform or assist in rescue operations,and [§1903.14(f)(1)(i)]

(ii) The employer fails to provide protection of the safety andhealth of such employee, including failing to provide appro-priate training and rescue equipment; or [§1903.14(f)(1)(ii)]

(2)(i) Such employee is directed by the employer to perform res-cue activities in the course of carrying out the employee's jobduties, and [§1903.14(f)(2)(i)]

(ii) The employer fails to provide protection of the safety andhealth of such employee, including failing to provide appro-priate training and rescue equipment; or [§1903.14(f)(2)(ii)]

(3)(i) Such employee is employed in a workplace that requires theemployee to carry out duties that are directly related to aworkplace operation where the likelihood of life-threateningaccidents is foreseeable, such as a workplace operationwhere employees are located in confined spaces ortrenches, handle hazardous waste, respond to emergencysituations, perform excavations, or perform construction overwater; and [§1903.14(f)(3)(i)]

(ii) Such employee has not been designated or assigned to per-form or assist in rescue operations and voluntarily elects torescue such an individual; and [§1903.14(f)(3)(ii)]

(iii) The employer has failed to instruct employees not desig-nated or assigned to perform or assist in rescue operationsof the arrangements for rescue, not to attempt rescue, andof the hazards of attempting rescue without adequate train-ing or equipment. [§1903.14(f)(3)(iii)]

(4) For purposes of this policy, the term imminent danger meansthe existence of any condition or practice that could reasonablybe expected to cause death or serious physical harm beforesuch condition or practice can be abated. [§1903.14(f)(4)]

[36 FR 17850, Sept. 4, 1971, as amended at 59 FR 66613, Dec. 27, 1994]

§1903.14aPetitions for modification of abatement date

(a) An employer may file a petition for modification of abatement datewhen he has made a good faith effort to comply with the abatementrequirements of a citation, but such abatement has not been com-pleted because of factors beyond his reasonable control. [§1903.14a(a)]

(b) A petition for modification of abatement date shall be in writingand shall include the following information: [§1903.14a(b)]

(1) All steps taken by the employer, and the dates of such action,in an effort to achieve compliance during the prescribed abate-ment period. [§1903.14a(b)(1)]

(2) The specific additional abatement time necessary in order toachieve compliance. [§1903.14a(b)(2)]

(3) The reasons such additional time is necessary, including theunavailability of professional or technical personnel or of mate-rials and equipment, or because necessary construction oralteration of facilities cannot be completed by the original abate-ment date. [§1903.14a(b)(3)]

(4) All available interim steps being taken to safeguard the employ-ees against the cited hazard during the abatement period.[§1903.14a(b)(4)]

(5) A certification that a copy of the petition has been posted and,if appropriate, served on the authorized representative ofaffected employees, in accordance with paragraph (c)(1) of thissection and a certification of the date upon which such postingand service was made. [§1903.14a(b)(5)]

(c) A petition for modification of abatement date shall be filed withthe Area Director of the United States Department of Labor whoissued the citation no later than the close of the next working day fol-lowing the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer's statement ofexceptional circumstances explaining the delay. [§1903.14a(c)]

(1) A copy of such petition shall be posted in a conspicuous placewhere all affected employees will have notice thereof or nearsuch location where the violation occurred. The petition shallremain posted for a period of ten (10) working days. Whereaffected employees are represented by an authorized repre-sentative, said representative shall be served with a copy ofsuch petition. [§1903.14a(c)(1)]

(2) Affected employees or their representatives may file an objec-tion in writing to such petition with the aforesaid Area Director.Failure to file such objection within ten (10) working days of thedate of posting of such petition or of service upon an authorizedrepresentative shall constitute a waiver of any further right toobject to said petition. [§1903.14a(c)(2)]

(3) The Secretary or his duly authorized agent shall have theauthority to approve any petition for modification of abatementdate filed pursuant to paragraphs (b) and (c) of this section.

4

Gear Certification

Index

IX

Subject Index

AAir

Quality 1910.134(i) 195Air Quality

Breathing 1910.134(i) 195Aisles

Mechanical Equipment 1910.178(m)(14) 210Anchorage 1915.151(b) 54

BBarge 1915.4 21Battery Changing and Charging 1910.178(g) 209Bloodborne Pathogens 1910.1030

Sharps Injury Log 1910.1030(h)(5), Addendum 290Body belt 1915.151(b) 54Body harness 1915.151(b) 54 1915.509 68Brakes

Powered Industrial Trucks 1910.178(g)(8) 209 1910.178(m)(5)(i) 210 1910.178(m)(5)(ii) 210 1910.178(m)(5)(iii) 210 1910.178(m)(7) 210

Bridge Plates 1910.178(n)(11) 211

CCarbon Monoxide 1910.178(i) 209Cardiopulmonary Resuscitation (CPR)

Commercial Diving Operations 1910.410(a)(3) 214Certified Industrial Hygienist 1915.11 24Change Rooms 1910.141(e) 206Chemicals

Hazard CommunicationDefinitions 1910.1200(c) 225Employee Information and Training 1910.1200(h) 228Trade Secrets 1910.1200(i) 229Written Program 1910.1200(e) 226

Class II standpipe system 1915.509 68Cleaning

Respirators 1910.134(c)(1)(v) 192Color Codes

Respirators 1910.134(j) 196Combustible

Dusts, Trucks Used 1910.178(c)(2)(vi) 208Competent person 1915.4 21Confined space 1915.4 21Connector 1915.151(b) 54Contractors

Hazard Communication 1910.1200(e)(2) 226 1910.1200(i)(3)(v) 229Cranes

Shore-based Material Handling DevicesExamination 1919.72 183 1919.71(d) 182 1919.90(b)(2) 184

DDeceleration device 1915.151(b) 54Deceleration distance 1915.151(b) 54Derricks

Shore-based Material Handling DevicesExamination 1919.74 183 1919.73(c) 183 1919.90(b)(2) 184Safe Working Loads 1919.75 183Unit Proof Test 1919.73(a) 183 1919.73(b) 183

Vessels' Cargo Gear 1919.23 179Diesel Powered Trucks 1910.178(b)(1) 207 1910.178(b)(2) 207

1910.178(b)(3) 207Dining Facilities

Lunchrooms 1910.141(g) 206Disposal Systems (see also Waste Disposal) 1910.141(a)(4) 205

DivingScientific 1910.402 213 1910.401(a)(2)(iv) 213

Dockboards 1910.178(n)(11) 211Dressing Rooms, Personnel 1910.141(e) 206Drop Test 1915.509 68Dust Hazards

Asbestos 1910.19(a) 190

EEmployee Rescue 1903.14(f) 4Eye Washes/Showers 1910.141(d)(3) 206

Powered Industrial Trucks 1910.178(g) 209

FFire

ProtectionTrucks 1910.178 206

Fire hazard 1915.509 68Fire Protection 1915.509 68

Trucks 1910.178 206Fire response 1915.509 68Fire suppression 1915.509 68Fire watch 1915.509 68Fixed extinguishing system 1915.509 68Flammable 1915.12(b) 25Flammable and Combustible Liquids

Trucks Used 1910.178(c)(2) 207Flammable liquid 1915.509 68Food Handling 1910.141(h) 206Fork Trucks (see also Powered Industrial Trucks) 1910.178 206Forklifts (see also Powered Industrial Trucks) 1910.178 206Free fall 1915.151(b) 54Free fall distance 1915.151(b) 54Fuel, Fueling, Refueling

Handling and Storage 1910.178(f) 209Fuel, Handling and Storage 1910.178(f) 209

GGangway 1915.4 21Gasoline Powered Trucks 1910.178(b)(8) 207 1910.178(b)(9) 207Gear Certification

AccreditationApplication for 1919.3 175

Action Upon 1919.4 176Duration and Renewal 1919.5 176Reconsideration and Review 1919.9 176Shore-based Material Handling Devices

Eligibility 1919.50 181Persons Accredited, Exemptions 1919.60 182Provisions Respecting Applications 1919.51 181

Suspension or Revocation 1919.8 176Vessels' Cargo Gear, Persons Accredited

Duties, Exemptions 1919.10 177Voluntary Amendment or Termination 1919.7 176

Definitions 1919.2 175Shore-based Material Handling Devices 1919.70 182

Cranes 1919.71 182 1919.72 183 1919.75 183Derricks 1919.73 183 1919.74 183 1919.75 183Documentation 1919.90 183Examination

Bulk Cargo Loading or Discharging Spouts or Suckers 1919.81 183Cranes 1919.72 183 1919.71(d) 182 1919.90(b)(2) 184Derricks 1919.74 183 1919.73(c) 183 1919.90(b)(2) 184Nondestructive 1919.78 183

Heat Treatment 1919.80 183

INDEX 297Section #, Page #

Gear Certification

Gear Certification (continued)Shore-based Material Handling Devices (continued)

Safe Working LoadsCranes and Derricks. 1919.75 183Increase. 1919.77 183Reduction. 1919.76 183

Unit Proof TestCranes. 1919.71(a) 182. 1919.71(b) 182. 1919.71(c) 182Derricks. 1919.73(a) 183. 1919.73(b) 183

Wire Rope. 1919.24 179Vessels' Cargo Gear. 1919.13 177

Blocks and Components. 1919.32 181Braking Devices. 1919.22 179Chains. 1919.25 179Competent Persons. 1919.37 181Damaged Components. 1919.20 179Derrick Attachment. 1919.23 179Heat Treatment. 1919.16 178. 1919.36 181

Exemptions. 1919.17 178Persons Accredited

Duties, Exemptions. 1919.10 177Power Sources. 1919.22 179Proof Loads. 1919.29 180Safe Working Loads

Limitations on. 1919.29 180Marking and Posting. 1919.21 179

TestsAfter Alterations, Renewals, or Repairs. 1919.14 178Initial. 1919.14 178Order. 1919.35 181Proof Tests

After Repairs or Alterations. 1919.34 181Loose Gear. 1919.31 180Wire Rope. 1919.33 181

Unit Proof Tests. 1919.30 180. 1919.27 179. 1919.28 180Visual Inspection Before Tests. 1919.26 179

Welding. 1919.19 178Wire Rope 1919.24 179

Guards and GuardrailsTrucks 1910.178(e) 209

HHazard Communication

Definitions 1910.1200(c) 225Employee Information and Training 1910.1200(h) 228Health Hazard Criteria (Mandatory) 1910.1200 A.0 230Trade Secrets 1910.1200(i) 229Written Program 1910.1200(e) 226

Hazardous MaterialsTrucks Used 1910.178(c)(2) 207

Hose systems 1915.509 68Hot work 1915.11 24Housekeeping 1910.141(a)(3) 205

Sanitation 1910.141(a)(3) 205

IIncident management system 1915.509 68Incipient stage fire 1915.509 68Inerting 1915.509 68Injury/Illness Recording and Reporting 1904 9Insect Control 1910.141(a)(5) 205Inspection (see also Term to Which It Applies)

Respirators 1910.134(f) 194 1910.134(h)(3) 195Inspections

Respirators 1910.134(f) 194 1910.134(h)(3) 195Inspections, Citations, and Proposed Penalties

Abatement verification 1903.19 5Advance notice of inspections 1903.6 2Authority for inspection 1903.3 1Citations notices of de minimis violations policy regarding employee rescue activ-

ities 1903.14 4Complaints by employees 1903.11 3Conduct of inspections 1903.7 2Consultation with employees 1903.10 3Definitions 1903.22 8Employer and employee contests before the Review Commission 1903.17 5Entry not a waiver 1903.5 2Failure to correct a violation for which a citation has been issued 1903.18 5Imminent danger 1903.13 4Informal conferences 1903.20 8Inspection not warranted informal review 1903.12 3Objection to inspection 1903.4 1Petitions for modification of abatement date 1903.14a 4Posting of citations 1903.16 5Posting of notice availability of the Act,

regulations and applicable standards 1903.2 1Proposed penalties 1903.15 5Purpose and Scope 1903.1 1Representatives of employers and employees 1903.8 2State administration 1903.21 8Trade secrets 1903.9 3

JJacks

Fixed Truck 1910.178(k)(3) 209Truck 1910.178(k)(3) 209

LLanyard 1915.151(b) 54Lavatories 1910.141(d)(2) 206Lighting (see also Illumination)

Powered Industrial Trucks 1910.178(h) 209Lighting (see also Lamps)

Powered Industrial Trucks 1910.178(h) 209Liquefied Petroleum Gas (LP-Gas)

Fuel Handling and Storage 1910.178(f) 209Trucks 1910.178(b) 206

Converted 1910.178(d) 209Liquefied Petroleum Gases

(see also Liquefied Petroleum Gases under Containers)Fuel Handling and Storage 1910.178(f) 209Trucks 1910.178(b) 206

Converted 1910.178(d) 209Liquid Fuels

Handling and Storage 1910.178(f) 209Longshoremen's and Harbor Workers' Compensation Act

Purpose 1920.1 185Variances 1920.2 185

LongshoringBarges 1918.37 150

Access to 1918.26 149Bridge and Car Plates 1918.25(a) 149Cargo Handling

Building Drafts 1918.82 158Bulling Cargo 1918.84 158Cargo Elevators on Ships 1918.87 161Containerized Operations 1918.85 158Hazardous Cargo 1918.89 161Log Operations 1918.88 161Roll-on Roll-off (Ro-Ro) Operations 1918.86 160Slinging 1918.81 158Stowed Cargo 1918.83 158

Cargo Handling GearAuxiliary Gear 1918.62 153Certification 1918.61(d) 152 1918.61(e) 152Chutes 1918.63 154Conveyors 1918.64 154Cranes 1918.55 152 1918.66 156Derricks 1918.66 156Gravity Conveyors 1918.63 154Grounding 1918.68 158Inspection 1918.61(a) 152Rigging Gear 1918.54 151Rollers 1918.63 154Safe Working Load 1918.61(b) 152Special Gear 1918.61(f) 152Tools 1918.69 158Vessel 1918.51 151

Cargo Hooks 1918.52(f) 151Cargo Winches 1918.53 151Coaming Rollers 1918.52(e) 151Falls 1918.52(c) 151Heel Blocks 1918.52(d) 151Mechanically Powered Vehicles 1918.65 155Notifying Officers Before Using Certain Equipment 1918.67 158Preventers 1918.52(a) 151Stoppers 1918.52(b) 151

Weight Markings 1918.61(c) 152Cargo, Stowed 1918.32 149Decks

Deck loads 1918.33 149Other Decks 1918.34 149

Definitions 1918.52 151DOT Markings, Placards, and Labels, Retention of 1918.99 164Emergency Action Plans 1918.100 164First Aid 1918.97 163Gangways 1918.22 148Gear Certification 1918.11 147Hatch beam and pontoon bridles 1918.42 150Hatch beams and covers 1918.43 150Hatch Coverings 1918.31 149Hatches

Open 1918.35 149Opening and Closing 1918.41 150 1918.42 150 1918.43 150

Hazardous Atmospheres and Substances 1918.93 162Housekeeping 1918.97 163Illumination 1918.92 161Incorporation by reference 1918.3 146Jacob's Ladders 1918.23 148Ladders, Fixed and Portable 1918.24 148Lifesaving Facilities 1918.97 163Machinery Operators, Qualifications 1918.98 164

298 INDEX Section #, Page #

Powered Industrial Trucks

IX

IX

Subject Index

Longshoring (continued)Maintenance 1918.96 163Personal Protective Equipment

Foot Protection 1918.104 165Head Protection 1918.103 165Personal Flotation Devices 1918.105(b) 165Protective Clothing 1918.105(a) 165

Personal Protective Equipment Eye and Face Protection 1918.101 164Ramps 1918.25(b) 149Repair Work 1918.96 163River Towboats, Access to 1918.26 149Scope and application 1918.1 145Temporary Landing Surfaces 1918.32 149Ventilation 1918.94 162Weather Deck Rails 1918.36 149

Lower explosive limit 1915.11 24Lunchrooms 1910.141(g) 206

Location 1910.141(g)(1) 206 1910.141(g)(2) 206Waste Disposal Containers 1910.141(g)(3) 206

MMaintenance (see also Term To Which It Applies)

Powered Industrial Trucks 1910.178(q) 211Respirators 1910.134(f) 194 1910.134(h) 195

Marine Chemist 1915.11 24Marine Terminals

Air Receivers 1917.155 142Barges, Movement of 1917.19 118Battery Charging and Changing 1917.157 143Carbon Monoxide 1917.24 119Cargo Doors 1917.114 134Cargo Handling Gear and Equipment

Auxiliary Gear 1917.42 121Bins 1917.49 128Chutes 1917.49 128Conveyors 1917.48 128Cranes 1917.45 125Derricks 1917.45 125Hand Tools 1917.51 130Hoppers 1917.49 128House Falls 1917.41 121Load Indicating Devices 1917.46 127Marine Terminal Material Handling Devices, Certification of 1917.50 129Powered Industrial Trucks 1917.43 123Spouts 1917.49 128Vehicles 1917.44 124Winches 1917.47 128

Cargo, Stacking of 1917.14 118Communications, Interference with 1917.20 118Compressed Air 1917.154 142Coopering 1917.15 118Cutting 1917.152 139Definitions

Housekeeping 1917.11 117Dockboards 1917.124 137DOT Markings, Placards, and Labels, Retention of 1917.29 120Edges, Guarding 1917.112 133Elevators and Escalators 1917.116 134Emergency Action Plans 1917.30 120Exits 1917.122 137First Aid 1917.26 119Fuel Handling and Storage 1917.156 142Fumigants 1917.25 119Hazardous Atmospheres and Substances 1917.23 119Hazardous Cargo 1917.22 118Hazardous Preservatives 1917.25 119Hazards, Temporary 1917.125 137Heating 1917.152 139Height, Clearance 1917.113 134Illumination 1917.123 137Incorporation by reference 1917.3 116Insecticides 1917.25 119Ladders

Fixed 1917.118 135Portable 1917.119 136

Lifesaving Facilities 1917.26 119Line Handling 1917.16 118Load Limits 1917.111 133Log Handling 1917.18 118Machine Guarding 1917.151 138Maintenance 1917.111 133Manlifts 1917.117 134Marking 1917.128 138Open Fires 1917.21 118Pallets, Stacking of 1917.14 118Personal Protective Equipment

Emergency Facilities 1917.95(c) 133Eye and Face Protection 1917.91 132Foot Protection 1917.94 132Head Protection 1917.93 132

Marine Terminals (continued)Personal Protective Equipment (continued)

Personal Flotation Devices 1917.95(b) 133Protective Clothing 1917.95(a) 133Respiratory Protection 1917.92 132

Personnel 1917.27 120Pesticides 1917.25 119Platforms 1917.115 134Prohibited Operations 1917.158 143Railcars, Movement of 1917.19 118Railroad Facilities 1917.17 118River Banks 1917.126 137Scope and applicability 1917.1 115Signs 1917.128 138Skids 1917.115 134Slinging 1917.13 118Slippery Conditions 1917.12 117Specialized Terminals 1917.71 130 1917.73 132 1917.70 130Spray Painting 1917.153 141Stairways

Fixed 1917.120 136Spiral 1917.121 137

Welding 1917.152 139Markings

Powered Industrial Trucks 1910.178(a)(3) 206Respirators 1910.134(j) 196

Mechanical EquipmentPowered Industrial Trucks 1910.178 206

Multi-Employer Citation Policy Addendum 281

NNAICS Codes Addendum 287Nationally Recognized Testing Laboratory 1915.11 24Noxious Gases, Storage Areas 1910.178(i) 209

OOSHA General Duty Clause Addendum 281Outside Storage Trucks 1910.178(c)(2)(ix) 209 1910.178(c)(2)(xi) 209Oxygen-deficient atmosphere 1915.11 24Oxygen-enriched atmosphere 1915.11 24

PPersonal Alert Safety System (PASS) 1915.509 68Physical isolation 1915.509 68Piers and Wharves 1910.178(c)(2)(x) 209Piers and Wharves, Trucks Used 1910.178(c)(2)(x) 209Plans, Written

Hazard Communication 1910.1200(e) 226Respiratory Protection 1910.134(c) 192

PlatformsLift Trucks (see also Powered Industrial Trucks) 1910.178 206

Portable unfired pressure vessel 1915.4 21Positioning device system 1915.151(b) 54Powder actuated fastening tool 1915.4 21Powered Industrial Trucks

Approval Labels 1910.178(a)(3) 206Batteries 1910.178(g) 209Converted 1910.178(d) 209 1910.178(q)(12) 211Design and Construction 1910.178(a)(2) 206Designated Locations 1910.178(c) 207Designations, Trucks 1910.178(b) 206

D 1910.178(b)(1) 207DS 1910.178(b)(2) 207DY 1910.178(b)(3) 207E 1910.178(b)(4) 207EE 1910.178(b)(6) 207ES 1910.178(b)(5) 207EX 1910.178(b)(7) 207G 1910.178(b)(8) 207GS 1910.178(b)(9) 207LP 1910.178(b)(10) 207LPS 1910.178(b)(11) 207

Front-End Attachments 1910.178(a)(5) 206Fuel Hauling 1910.178(f) 209Gases and Fumes 1910.178(i) 209Hazardous Materials 1910.178(c)(2) 207Lighting 1910.178(h) 209Loading 1910.178(o) 211Maintenance 1910.178(q) 211Markings 1910.178(a)(6) 206Modifications 1910.178(a)(4) 206Operations 1910.178(m) 210 1910.178(p) 211Repairs 1910.178(q) 211Safety Guards 1910.178(e) 209Training Operators 1910.178(l) 209Traveling 1910.178(n) 210Truck Operations 1910.178(m) 210 1910.178(p) 211

Proximity firefighting 1915.509 68

INDEX 299Section #, Page #

Recording and Reporting Occupational Injuries and Illnesses

RRailroad Cars 1910.178(k)(2) 209 1910.178(k)(3) 209 1910.178(k)(4) 209Recording and Reporting Occupational Injuries and Illnesses

2001 Data, Summary and Posting 1904.43 19Annual Summary 1904.32 16Change in Business Ownership 1904.34 17Definitions 1904.46 20Discrimination Prohibited 1904.36 17Employee Involvement 1904.35 17Employers With 10 or Fewer Employees 1904.1 9Establishments with Partial Exemption 1904.2 9

1904 Appendix A to Subpart B 9Forms 300, 300A and 301 1904.29 15

2001 Data 1904.43 19Annual Summary 1904.32 16Covered Employees 1904.31 16Multiple Business Establishments 1904.30 16Old Forms, Retention and Updating 1904.44 20Retention and Updating 1904.33 17

New Cases, Determination of 1904.6 11OMB Control Numbers 1904.45 20OSHA Survey 1904.41 19Recording Criteria

General 1904.4 10 1904.7 11Medical Removal Under OSHA Standards 1904.9 14Needlestick and Sharps Injuries 1904.8 14Occupational Hearing Loss 1904.10 14Tuberculosis 1904.11 15

RecordkeepingCovered Employees 1904.31 16Employers With 10 or Fewer Employees 1904.1 9Establishments 1904.30 16Establishments with Partial Exemption 1904.2 9More than One Agency 1904.3 9Multiple Business Establishments 1904.30 16Rule Variances 1904.38 18State Regulations 1904.37 17

ReportingBureau of Labor Statistics, Requests for Data 1904.42 19Fatalities and Multiple Hospitalization Incidents to OSHA 1904.39 18Government Representatives, Providing Records to 1904.40 19OSHA Survey 1904.41 19

Work-Relatedness, Determination of 1904.5 10Recordkeeping

Respirators 1910.134(m) 196Refueling

Trucks 1910.178(p)(2) 211Refueling, Trucks 1910.178(p)(2) 211Refuse (see also Waste Disposal) 1910.141(a)(4) 205

Receptacles 1910.141(a)(4)(i) 205Rescue 1915.12(e) 26Respirators

Air Supply 1910.134(d) 192Cleaning 1910.134(c)(1)(v) 192 1910.134(h)(1) 195 1910.134

Appendix B-2 203Color Codes 1910.134(j) 196Identification 1910.134(j) 196Inspection 1910.134(f) 194 1910.134(h)(3) 195Labeling 1910.134(j) 196Maintenance 1910.134(f) 194 1910.134(h) 195Medical Evaluation 1910.134(e) 193 1910.134 Appendix C 204Minimum Acceptable Program 1910.134(c) 192Repairs 1910.134(h)(4) 195Selection 1910.134(d) 192Storage 1910.134(h)(2) 195Training 1910.134(k) 196Use 1910.134(g) 194 1910.134(i) 195 1910.134 Appendix D 205

Respiratory Protection (see also Respirators)Air Quality 1910.134(c) 192 1910.134(d) 192 1910.134(i) 195Air Supply 1910.134(d) 192Definitions 1910.134(b) 191Fit Testing 1910.134(m)(2) 196 1910.134(f) 194 1910.134

Appendix A 197Gas Mask Canister Identification 1910.134(j) 196Minimum Acceptable Program 1910.134(c) 192Permissible Practices 1910.134(a) 191Respirators 1910.134(b) 191 1910.134(c) 192 1910.134(e) 193Use 1910.134(g) 194 1910.134(i) 195 1910.134 Appendix D 205

Restraint (tether) line 1915.151(b) 54River tow boat 1915.4 21Rodent Control 1910.141(a)(5) 205Rope grab 1915.151(b) 54

SSafety and Health Management Guidelines Addendum 291Sanitation

Change Rooms 1910.141(e) 206Clothes Drying Facilities 1910.141(f) 206Definitions 1910.141(a)(2) 205Food Handling 1910.141(h) 206

Sanitation (continued)Housekeeping 1910.141(a)(3) 205Insect Control 1910.141(a)(5) 205Lunchrooms 1910.141(g) 206Rodent Control 1910.141(a)(5) 205Scope 1910.141(a)(1) 205Toilet Facilities 1910.141(c) 205Vermin Control 1910.141(a)(5) 205Washing Facilities 1910.141(d) 206Waste Disposal 1910.141(a)(4) 205Water Supply 1910.141(b) 205

SawmillsToilet Facilities 1910.141(c) 205Vermin Control 1910.141(a)(5) 205Washing Facilities 1910.141(d) 206Waste Disposal 1910.141(a)(4) 205Water Supply 1910.141(b) 205

Scientific Diving 1910.402 213 1910.401(a)(2)(iv) 213Sharps Injury Log 1910.1030(h)(5), Addendum 290Ship repair 1915.4 21Ship Repairing, Shipbuilding, and Shipbreaking

Abrasive Wheels 1915.134 53Asbestos

Compliance Methods 1915.1001(g) 81Definitions 1915.1001(b) 79Exposure Assessments and Monitoring 1915.1001(f) 80Hazard Communication 1915.1001(k) 87Housekeeping 1915.1001(l) 89Hygiene Facilities and Practices for Employees 1915.1001(j) 86Medical Surveillance 1915.1001(m) 89Multi-employer Worksites 1915.1001(d) 80Permissible Exposure Limits 1915.1001(c) 80Protective Clothing 1915.1001(i) 86Recordkeeping 1915.1001(n) 90Regulated Areas 1915.1001(e) 80Respiratory Protection 1915.1001(h) 85

Cargo Spaces, Access to 1915.76(a) 38Chain Falls 1915.114 50Commercial Diving Operations 1915.6 23Competent Person 1915.7 23Confined and Enclosed Spaces

Access to 1915.76(b) 38Cleaning or Cold Work 1915.13 26Cutting 1915.51(c) 31Definitions 1915.11(b) 24Heating 1915.51(c) 31Hot Work 1915.14 27Maintenance of Safe Conditions 1915.15 27Order of Testing Before Entering 1915.12 25Precautions Before Entering 1915.12 25

Oxygen content 1915.12(a) 25Warning Signs and Labels 1915.16 27Welding 1915.51(c) 31

Confined Spaces, Access to 1915.76(b) 38Cutting (see also Welding, Cutting, and Heating, this heading) 1915.51 31

1915.53 32 1915.54 32 1915.55 32 1915.56 33 1915.57 34

Deck Openings and Edges, Guarding 1915.73 37Definitions 1915.4 21 1915.509 68Drums and Containers 1915.173 63Dry Docks, Access to and Guarding of 1915.75 38Fire response 1915.505 64Fire safety plan 1915.502 63Fire watches 1915.504 64Fixed extinguishing systems, Hazards of 1915.506 66Gear, Use of 1915.116 51General provisions 1915.501 63Heating (see also Welding, Cutting, and Heating, this heading) 1915.51 31

1915.53 32 1915.54 32 1915.55 32 1915.56 33 1915.57 34

Hoisting and Hauling equipment 1915.115 51Internal Combustion Engines 1915.136 54Ladders 1915.72 36Land-side fire protection systems 1915.507 66Machinery

Deck Machinery 1915.165 62Materials Handling (see also Rigging and Materials Handling, this heading)

1915.111 50 1915.114 50 1915.120 52 1915.115 51 1915.116 51 1915.117 51 1915.118 52

Operators' Qualifications 1915.117 51Personal Protective Equipment 1915.152 55

Definitions 1915.151(b) 54Eye and Face Protection 1915.153 55Foot Protection 1915.156 56Hand and Body Protection 1915.157 57Head Protection 1915.155 56Lifesaving Equipment 1915.158 57Personal Fall Arrest Systems 1915.159 57Positioning Device Systems 1915.160 58Respiratory Protection 1915.154 56

Portable Air Receivers 1915.172 62Precautions for hot work 1915.503 64

300 INDEX Section #, Page #

Water Supply

IX

IX

Subject Index

Ship Repairing, Shipbuilding, and Shipbreaking (continued)Pressure Vessels, Unfired 1915.172 62Pull-lifts 1915.114 50Purpose and authority 1915.1 21Responsibility 1915.3 21Rigging and Materials Handling

Hooks 1915.113(b) 50Inspection 1915.111 50

Scaffolds 1915.71 34Scope and application 1915.2 21Staging 1915.71 34Surface Preparation and Preservation

Chemical Paint and Preservative Removers 1915.33 29Flammable Liquids 1915.36 31Mechanical Paint Removers 1915.34 29Painting 1915.35 30

Chemical Paint and Preservative Removers 1915.33 29Mechanical Paint Removers 1915.34 29

Toxic Cleaning Solvents 1915.32 29Tools 1915.131 52

Hand Tools 1915.133 53Portable Electric Tools 1915.132 53Powder Actuated Fastening Tools 1915.135 53

Training 1915.508 67Unfired Pressure Vessels 1915.172 62Vessels, Access to 1915.74 37Welding, Cutting, and Heating

Arc Welding and Cutting 1915.56 33Fissionable Material in Ship Repairing and Shipbuilding 1915.57 34Gas Welding and Cutting 1915.55 32Hollow Metal Containers and Structures 1915.54 32Preservative Coatings 1915.53 32Ventilation 1915.51 31

Working Surfaces 1915.77 38Shipbreaking 1915.4 21Shipbuilding 1915.4 21Shipyard firefighting 1915.509 68SIC Codes Addendum 285Signs and Tags

Respirators 1910.134(j) 196Small hose system 1915.509 68Standpipe 1915.509 68Storage

Batteries 1910.178(g) 209

Respirators 1910.134(h)(2) 195Storage (see also Materials Storage)

Batteries 1910.178(g) 209Respirators 1910.134(h)(2) 195

TToilet Facilities 1910.141(c) 205

Construction of Toilet Rooms 1910.141(c)(2) 206Lavatories 1910.141(d)(2) 206Minimum Numbers 1910.141(c)(1) 205 1910.141(d)(2) 206Washing Facilities 1910.141(d) 206

Towels 1910.141(d)(3)(v) 206Tractors (see also Powered Industrial Trucks) 1910.178 206Training Personnel

Respirators 1910.134(k) 196Truck Operators 1910.178(l) 209

Trucks 1910.178(k) 209 1910.178(m) 210Converted Industrial 1910.178(d) 209Highway 1910.178(k) 209 1910.178(m) 210Powered Industrial 1910.178 206

Tuberculosis 1904.11 15

UUpper explosive limit 1915.11 24

VVariances 1920.2 185Vermin Control 1910.141(a)(5) 205Vessel 1915.4 21Vessel section 1915.11 24

WWashing Facilities 1910.141(d) 206Waste Disposal 1910.141(a)(4) 205

Containers 1910.141(g)(3) 206Water Supply

Nonpotable Water 1910.141(b)(2) 205Potable Water 1910.141(b)(1) 205

INDEX 301Section #, Page #