[Federal Register: April 3, 2006 (Volume 71, Number 63)][Rules and Regulations] [Page 16669-16675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap06-15]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1913, 1915, and 1926
Technical Amendments
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule; corrections and technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor is conducting an ongoing review of its
regulations to update non-substantive or nomenclature references in the
Code of Federal Regulations (CFR). As part of this review, OSHA has
identified safety and health rules needing correction or technical
amendment. The revisions do not affect the substantive requirements or
coverage of the standards involved, modify or revoke existing rights
and obligations, or establish new rights and obligations. The revisions
include updating references and removing obsolete effective dates and
startup dates from existing Agency standards.
DATES: April 3, 2006.
FOR FURTHER INFORMATION CONTACT: Press inquiries: Kevin Ropp, OSHA
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. General and technical information: Michael Seymour, OSHA
Directorate of Standards and Guidance, Room N-3718, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:
(202) 693-1950. For additional copies of this Federal Register notice,
contact the Office of Publications, OSHA, U.S. Department of Labor,
Room N-3101, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone: (202) 693-1888. Electronic copies of this Federal Register
notice, as well as news releases and other relevant documents, are
available at OSHA's Web site on the Internet at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor's strategic outcome goal 4.2 measures the
Department's success in creating a regulatory structure that promotes
compliance flexibility and reduces regulatory burdens. As part of this
strategic goal, the Department of Labor is conducting an on-going
review of its regulations to update non-substantive or nomenclature
references in the Code of Federal Regulations (CFR). The Department is
also publishing in the Federal Register a notice amending references in
Employment Standards Administration and Mine Safety and Health
Administration standards.
As part of this effort, OSHA, in reviewing its regulations, has
found some errors, some incorrect references and some obsolete
provisions. In this corrections and technical amendments document, OSHA
is addressing those items. OSHA has made similar technical revisions in
the past to correct errors. OSHA believes that this action will
increase employee protection and facilitate employer compliance by
improving employer and employee understanding of the affected
provisions.
The revisions do not affect the substantive requirements or
coverage of the standards involved, modify or revoke existing rights
and obligations, or establish new rights and obligations. Therefore,
the Agency has determined that these revisions do not require notice-
and-comment rulemaking. The rule does not change employers' compliance
costs. Employers, for example, are not required to purchase new
equipment or acquire additional skills or expertise. Accordingly, OSHA
concludes that no economic or regulatory flexibility analysis of this
rule is necessary and certifies that the rule will not have a
significant impact on a substantial number of small entities. Because
this final rule does not affect the substantive requirements of the
standards, the Department of Labor has determined that delaying the
effective date of the rule is unnecessary and good cause exists under 5
U.S.C. 553 (b)(3) to make this rule effective immediately upon
publication in the Federal Register.
II. Summary and Explanation
With this rulemaking, OSHA is revising the following standards and
regulations:
A. Effective Dates and Startup Dates
In the safety standards for general industry (29 CFR part 1910),
paragraph (a)(2) of Sec. 1910.178 (``Powered industrial trucks'')
refers to effective dates specified in paragraph (b) of former Sec.
1910.182 (``Effective dates''). OSHA removed Sec. 1910.182 during an
earlier rulemaking, making this reference obsolete. (See 61 FR 9227.)
Therefore, the Agency is removing the reference to Sec. 1910.182(b)
from Sec. 1910.178(a)(2).
Several additional safety standards for general industry have
provisions that contain references to expired effective dates,
including: Sec. 1910.266 (``Logging operations''), the entry entitled
``j. Effective date'' in the table of contents listed in paragraph (a),
as well as paragraph (j) (``Effective date''); and the single-sentence
standard, Sec. 1910.441 (``Effective date''), that specifies the
effective date for the general-industry diving standards in subpart T
(``Commercial Diving Operations''). Accordingly, OSHA is removing: the
entry ``j. Effective date'' in paragraph (a), as well as paragraph (j),
from Sec. 1910.266; and the one-sentence standard, Sec. 1910.441,
from subpart T.
The Agency notes that a number of provisions among OSHA's
substance-specific standards for general industry (part 1910) contain
expired effective dates and/or startup dates, including: Paragraph (p)
of Sec. 1910.95 (``Occupational noise exposure''); paragraph (n) of
Sec. 1910.134 (``Respiratory protection''); paragraph (f) of Sec.
1910.1000 (``Air contaminants''); paragraph (o) of Sec. 1910.1001
(``Asbestos''); paragraph (o) of Sec. 1910.1017 (``Vinyl chloride'');
paragraphs (s) and (u) of Sec. 1910.1018 (``Inorganic arsenic'');
paragraphs (p) and (r), and Section XIV (``Effective Date--Paragraph
(P)'') of Appendix B (``Employee Standard Summary'') of Sec. 1910.1025
(``Lead''); paragraph (m) of Sec. 1910.1028 (``Benzene''); paragraph
(o) of Sec. 1910.1029 (``Coke oven emissions''); paragraphs
(g)(2)(ii)(B) and (g)(2)(iii) of Sec. 1910.1030 (``Bloodborne
pathogens''); paragraph (m) of Sec. 1910.1043 (``Cotton dust'');
paragraph (s) of Sec. 1910.1045 (``Acrylonitrile''); paragraph (m) of
Sec. 1910.1047 (``Ethylene oxide''); paragraph (p) of Sec. 1910.1048
(``Formaldehyde''); paragraphs (p) and (r) of Sec. 1910.1050
(``Methylenedianiline''); paragraph (n) of Sec. 1910.1051 (``1,3-
Butadiene''); paragraph (n) of Sec. 1910.1052 (``Methylene
chloride''); and paragraph (k) of Sec. 1910.1450 (``Occupational
exposure to hazardous chemicals in laboratories''). The Agency is
removing these provisions from the respective standards because the
effective and/or startup dates they contain in the standards are now
fully effective and are no longer relevant for pending enforcement
cases.
In part 1913 (``Rules of Agency Practice and Procedure Concerning
OSHA Access to Employee Medical Records''), paragraph (n) of Sec.
1913.10 (``Rules of agency practice and procedure concerning OSHA
access to employee medical records'') specifies an effective date that
expired over 20 years ago. Accordingly, the Agency is removing
paragraph (n) from Sec. 1913.10.
Among the standards for shipyard employment (part 1915), paragraph
(q) of Sec. 1915.1001 (``Asbestos'') specifies an effective date and
startup dates. These provisions of this standard are now fully
effective, so OSHA is removing paragraph (q) from Sec. 1915.1001.
The Agency also finds that the following provisions of part 1926
(``Safety and Health Regulations for Construction'') contain expired
effective dates and/or startup dates: paragraphs (q) and (s) of Sec.
1926.60 (``Methylenedianiline''), paragraphs (p) and (r), and Section
XIV (``Effective Date--Paragraph (P)'') of Appendix B (``Employee
Standard Summary'') of Sec. 1926.62 (``Lead''); paragraph (q) of Sec.
1926.1101 (``Asbestos''); and paragraph (p) of Sec. 1926.1127
(``Cadmium''). With this rulemaking, OSHA is removing these paragraphs
from the respective standards.
Subpart Y (``Diving'') of part 1926 contains a standard, Sec.
1926.1092 (``Effective date''), that refers to an obsolete general
industry standard (Sec. 1910.441; ``Effective date''). Accordingly,
the Agency is removing Sec. 1926.1092 from the diving standards for
the construction industry.
A number of provisions in parts 1910, 1915, and 1926 refer to the
effective date of a standard as a number of days after the date of
publication in the Federal Register and not to a specific month,
day, and year. In this rulemaking, OSHA is also removing expired
effective dates in this form.
B. References to Former Sec. 1910.20 (``Access to Employee Exposure
and Medical Records'')
In an earlier rulemaking (see 61 FR 9227), OSHA revised the
designation of former Sec. 1910.20 to Sec. 1910.1020. However, this
previous rulemaking did not revise references to Sec. 1910.20
contained in various (usually recordkeeping) provisions of a number its
standards and regulations.
For each of the following paragraphs in parts 1910 (``Occupational
Safety and Health Standards'') and 1913 (``Rules of Agency Practice and
Procedure Concerning OSHA Access to Employee Medical Records''), OSHA
is removing the reference to Sec. 1910.20 and replacing it with a
reference to the new designation, Sec. 1910.1020: Sec. 1910.95
(``Occupational noise exposure''), paragraph (m)(4); Sec. 1910.120
(``Hazardous waste operations and emergency response''), paragraph
(f)(8)(i); Sec. 1910.440 (``Recordkeeping requirements''), paragraph
(b)(2); Sec. 1910.1001 (``Asbestos''), paragraphs (m)(3)(i),
(m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and (m)(6)(i); Sec. 1910.1003
(``13 Carcinogens (4-nitrobiphenyl, etc.''), paragraph (g)(2)(ii);
Sec. 1910.1017 (``Vinyl chloride''), paragraphs (m)(2) and (m)(3);
Sec. 1910.1018 (``Inorganic arsenic''), paragraphs (q)(3)(ii) and
(q)(4)(iv); Sec. 1910.1025 (``Lead''), paragraphs (n)(4)(ii) and
(n)(5)(iv); Sec. 1910.1027 (``Cadmium''), paragraphs (m)(4)(iii)(H),
(n)(1)(iii), (n)(3)(iii), (n)(5)(i), and (n)(6); Sec. 1910.1029
(``Coke oven emissions''), paragraphs (m)(3)(ii) and (m)(4)(iv); Sec.
1910.1030 (``Bloodborne pathogens''), paragraphs (h)(1)(i), (h)(1)(iv),
(h)(3)(iii), and (h)(4)(i); Sec. 1910.1043 (``Cotton dust''),
paragraphs (k)(3)(ii) and (k)(4)(iv); Sec. 1910.1044 (``1,2-Dibromo-3-
chloropropane''), paragraphs (p)(3)(ii) and (p)(4)(iv); Sec. 1910.1045
(``Acrylonitrile''), paragraphs (q)(4)(ii) and (q)(5)(iv); Sec.
1910.1047 (``Ethylene oxide''), paragraphs (k)(2)(iii), (k)(3)(i),
(k)(3)(iii), (k)(4)(ii), (k)(4)(iii), and (k)(5)(i); Sec. 1910.1048
(``Formaldehyde''), paragraphs (o)(6)(ii) and (o)(6)(iii); Sec.
1910.1050 (``Methylenedianiline''), paragraphs (n)(3)(i), (n)(3)(iii),
(n)(4)(i), (n)(4)(iv), (n)(6)(ii), (n)(6)(iii), and (n)(7)(i); Sec.
1910.1051 (``1,3-Butadiene''), paragraphs (m)(2)(iii), (m)(4)(iii),
(m)(5)(ii), and (m)(6)(ii); and Sec. 1913.10 (``Rules of agency
practice and procedure concerning OSHA access to employee medical
records''), paragraphs (b)(1), (b)(3), (b)(4), (d)(4)(i), and (e)(3).
OSHA is also revising the reference to Sec. 1910.20 in several
paragraphs of part 1915 (``Occupational Safety and Health Standards for
Shipyard Employment''). These paragraphs are: Sec. 1915.1001
(Asbestos), paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i).
A number of paragraphs in part 1926 (``Safety and Health
Regulations for Construction'') also refer incorrectly to Sec.
1910.20. Therefore, the Agency is revising these paragraphs to refer
instead to Sec. 1926.33, the construction standard that regulates
access to employee exposure and medical records: Sec. 1926.60
(``Methylenedianiline''), paragraphs (o)(4)(iii), (o)(5)(i),
(o)(5)(iii), (o)(7)(ii), (o)(7)(iii), and (o)(8)(i); Sec. 1926.62
(``Lead''), paragraphs (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv); Sec.
1926.800 (``Underground construction''), paragraph (j)(3); and Sec.
1926.1101 (``asbestos''), paragraphs (n)(2)(iii), (n)(3)(i),
(n)(3)(iii), (n)(7)(ii), (n)(7)(iii), and (n)(8)(i).
C. Removal or Correction of Other Outdated Provisions and References
1. Access to Employee Exposure and Medical Records (Sec. 1910.1020)
One of the trade-secret provisions of this standard, paragraph
(f)(4)(v), specifies that health professionals, employees, or
designated representatives who request access to trade-secret
information from an employer must ``agree not to release the
information * * * other than to OSHA, as provided in paragraph (f)(9)
of this section * * *.'' However, paragraph (f)(9) addresses how the
requesting party can obtain redress from OSHA if an employer denies
access to trade-secret information, while paragraph (f)(7) of the
standard discusses releasing trade-secret information to the Agency if
the requesting party decides that a need to do so exists. Therefore,
paragraph (f)(4)(v) of the standard should refer to paragraph (f)(7),
not paragraph (f)(9), when addressing the release of trade-secret
information to OSHA. By this rulemaking, the Agency is correcting this
reference.
2. Cadmium (Sec. 1910.1027 and Sec. 1926.1127)
Paragraph (q)(1) in each of OSHA's cadmium standards contains a
reference to Appendix C. The Agency deleted Appendix C during an
earlier rulemaking (see 63 FR 1152); therefore, it is removing existing
paragraph (q)(1) from these standards.
3. Benzene (Sec. 1910.1028)
The last sentence in paragraph (n) of this standard states, ``The
protocols for respiratory fit testing in Appendix E of this section are
mandatory.'' However, the Agency removed Appendix E from this standard
in a previous rulemaking (see 63 FR 1152). Therefore, OSHA is deleting
this entire sentence from paragraph (n) of the standard.
4. Formaldehyde (Sec. 1910.1048)
Appendix A of the formaldehyde standard refers to Appendix E in the
last sentence of the paragraph designated ``Respiratory Protection'' in
the section titled ``Protective Equipment and Clothing.'' However, the
Agency removed Appendix E from this standard in a previous rulemaking
(see 63 FR 1152). Therefore, OSHA is deleting the reference to Appendix
E from this paragraph and section of Appendix A.
5. Methylenedianiline (Sec. 1910.1050 and Sec. 1926.60)
Paragraph (f)(8)(iii) of Sec. 1926.60 reads, ``Maintain records of
the corrective actions in accordance with paragraph (n) of this
section.'' The reference paragraph in this provision should be
paragraph (o) (``Recordkeeping''), not paragraph (n) (``Medical
surveillance''). The Agency is revising the provision accordingly.
The last sentence in paragraph (q) of Sec. 1910.1050 and paragraph
(r) of Sec. 1926.60 states, ``The protocols for respiratory fit
testing in appendix E of this section are mandatory.'' However, the
Agency removed Appendix E from both these standards in a previous
rulemaking (see 63 FR 1296). Therefore, OSHA is deleting this entire
sentence from paragraphs (q) and (r), respectively, of these standards.
6. 1,3-Butadiene (Sec. 1910.1051)
Paragraph (n) contains effective and start-up dates. The Agency is
removing paragraph (n) from this standard because the start-up dates
have expired. However, one start-up date is still current, paragraph
(n)(2)(i), which requires employers to conduct initial monitoring
within 60 days of introducing 1,3-Butadiene (BD) into the workplace.
OSHA is preserving this requirement by adding a sentence to paragraph
(d)(2)(i) that reads: ``The initial monitoring required under this
paragraph shall be completed within 60 days of the introduction of BD
into the workplace.''
7. Lead (Sec. 1926.62)
Paragraph (d)(2)(v)(F) of this standard specifies that, until
employers perform exposure assessments according to paragraph (d) of the
standard, they must provide designated employees with interim protection,
including ``training as required by paragraph (l)(2)(ii)(C) of this section,
regarding the use of respirators[.]'' However, paragraph (l)(2)(iii) of this
standard regulates training for the proper selection, fitting, use, and
limitations of respirator use and there is no paragraph (l)(2)(ii)(C).
Accordingly, the Agency is removing the reference to paragraph (l)(2)(ii)(C)
in paragraph (d)(2)(v)(F) of the standard and replacing it with a reference
to the correct reference, paragraph (l)(2)(iii) of the standard.
8. Structural Steel Assembly (Sec. 1926.754)
Section 1926.754 (c)(2), Slip resistance of metal decking, is a
reserved section that has no text and therefore is being removed.
III. Authority
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651, 655, and 657); Section 41 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941);
Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3704); Secretary of Labor's Order 5-2002 (67 FR 65008); 29
CFR part 1911; and the Administrative Procedures Act (5 U.S.C 553).
Jonathan L. Snare, Acting Assistant Secretary of Labor, U.S.
Department of Labor, 200 Constitution Ave, NW., Washington, DC 20210
directed the preparation of this notice.
Signed at Washington, DC, this 3rd day of March, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
List of Subjects
29 CFR Part 1910
Airborne lead; Blood lead; Blood-lead analysis; Coke-oven
emissions; Construction; Effective date; Employee information; Exposure
record; Fit-testing record; Formaldehyde; Initial exposure monitoring;
Medical record; Methylenedianiline; Part 1910, Index; Recordkeeping;
Respirators; Respiratory protection; Respirator training; Respirator
selection; Startup date; Trade-secret information; 1,3-Butadiene; 13
Carcinogens.
29 CFR Part 1913
Record access; Effective date; Exposure record; Medical record;
Startup date; Privacy.
29 Part 1915
Asbestos; Effective date; Exposure record; Medical record;
Respirators; Respiratory protection; Shipyards; Startup date.
29 CFR Part 1926
Airborne lead; Blood lead; Coke oven emissions; Construction;
Effective date; Exposure record; Lead exposure; Medical record;
Methylenedianiline; Recordkeeping; Respirator training; Startup date.
Amendments to Standards
0
In accordance with Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657), Section 41 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), Section
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3704), the Administrative Procedures Act (5 U.S.C. 553(b)(3)(B)),
Secretary of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR 1911 as
applicable, the Agency corrects 29 CFR parts 1908, 1910, 1913, 1915,
1917, 1918, and 1926 by making the following corrections and technical
amendments:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Part 1910 [Nomenclature change]
0
1. In 29 CFR part 1910, remove the reference ``Sec. 1910.20'' and add,
in its place, the reference ``Sec. 1910.1020'' in the following
paragraphs:
0
a. Sec. 1910.95(m)(4)
0
b. Sec. 1910.120(f)(8)(i)
0
c. Sec. 1910.440(b)(2)
0
d. Sec. 1910.1001(m)(3)(i), (m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and
(m)(6)(i)
0
e. Sec. 1910.1003(g)(2)(ii)
0
f. Sec. 1910.1017(m)(2) introductory text and (m)(3)
0
g. Sec. 1910.1018(q)(3)(ii) and (q)(4)(iv)
0
h. Sec. 1910.1025(n)(4)(ii) and (n)(5)(iv)
0
i. Sec. 1910.1027(m)(4)(iii)(H), (n)(1)(iii), (n)(3)(iii), (n)(5)(i),
and (n)(6)
0
j. Sec. 1910.1029(m)(3)(ii) and (m)(4)(iv)
0
k. Sec. 1910.1030(h)(1)(i), (h)(1)(iv), (h)(3)(iii), and (h)(4)(i)
0
l. Sec. 1910.1043(k)(3)(ii) and (k)(4)(iv)
0
m. Sec. 1910.1044(p)(3)(ii) and (p)(4)(iv)
0
n. Sec. 1910.1045(q)(4)(ii) and (q)(5)(iv)
0
o. Sec. 1910.1047(k)(2)(iii), (k)(3)(i), (k)(3)(iii), (k)(4)(ii),
(k)(4)(iii), and (k)(5)(i)
0
p. Sec. 1910.1048(o)(6)(ii) and (o)(6)(iii)
0
q. Sec. 1910.1050(n)(3)(i), (n)(3)(iii), (n)(4)(i), (n)(4)(iv),
(n)(6)(ii), (n)(6)(iii), and (n)(7)(i)
0
r. Sec. 1910.1051(m)(2)(iii), (m)(4)(iii), (m)(5)(ii), and (m)(6)(ii)
Subpart G--Occupational Health and Environmental Control
0
2. The authority citation for 29 CFR part 1910 subpart G is revised to
read as follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 50017) as applicable; and 29 CFR part 1911.
Sec. 1910.95 [Amended]
0
3. In Sec. 1910.95, paragraph (p) is removed.
Subpart I--Personal Protective Equipment
0
4. In 29 CFR part 1910, the authority citation for subpart I is revised
to read as follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
Sec. Sec. 1910.132, 1910.134, and 1910.136 also issued under 29
CFR part 1911.
Sec. Sec. 1910.133, 1910.135, and 1910.136 also issued under 29
CFR part 1911 and 5 U.S.C. 553.
Sec. 1910.134 [Amended]
0
5. In Sec. 1910.134, paragraph (n) is removed and reserved.
Subpart N--Materials Handling and Storage
0
6. In 29 CFR part 1910, the authority citation for subpart N is revised
to read as follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
Sec. Sec. 1910.176, 1910.177, 1910.178, 1910.179, 1910.180,
1910.181, and 1910.184 also issued under 29 CFR part 1911.
0
7. In Sec. 1910.178, paragraph (a)(2) is revised to read as follows:
Sec. 1910.178 Powered industrial trucks.
(a) * * *
(2) All new powered industrial trucks acquired and used by an
employer shall meet the design and construction requirements for
powered industrial trucks established in the ``American National
Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969'',
which is incorporated by reference as specified in Sec. 1910.6, except
for vehicles intended primarily for earth moving or over-the-road
hauling.
* * * * *
Subpart R--Special Industries
0
8. The authority citation for 29 CFR Part 1910 subpart R is revised to
read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.
Sec. 1910.266 [Amended]
0
9. In Sec. 1910.266, paragraph (a), Table of Contents, the entry ``j.
Effective date'' is removed, the entry ``k. Appendices'' is
redesignated ``j. Appendices'', and the text of paragraph (j) is
removed and paragraph (k) is redesignated as paragraph (j).
* * * * *
Subpart T--Commercial Diving Operations
0
10. The authority citation for 29 CFR part 1910 subpart T is revised to
read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Sec. 107, Contract
Work Hours and Safety Standards Act (the Construction Safety Act)
(40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secretary of Labor's Order No. 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; 29 CFR part 1911.
Sec. 1910.441 [Removed]
0
11. Remove Sec. 1910.441.
Subpart Z--Toxic and Hazardous Substances
0
12. The authority citation for 29 CFR part 1910 subpart Z is revised to
read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 Fr
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act, except those substances that have exposure
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The
latter were issued under section 6(a) (29 U.S.C. 655(a)).
Sec. 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553, Sec. 1910.1000 Tables Z-1, Z-2, and Z-3 not issued
under 29 CFR part 1911 except for the arsenic (organic compounds),
benzene, and cotton dust listings.
Sec. 1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C.
553.
Sec. 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Sec. 1910.1018, 1910.1029, and 1910.1200 are also issued under
29 U.S.C. 653.
Sec. 1910.1000 [Amended]
0
13. In Sec. 1910.1000, paragraph (f) is removed.
Sec. 1910.1001 [Amended]
0
14. In Sec. 1910.1001, paragraph (o) is removed, and paragraph (p) is
redesignated paragraph (o).
Sec. 1910.1017 [Amended]
0
15. In Sec. 1910.1017, paragraph (o) is removed.
Sec. 1910.1018 [Amended]
0
16. In Sec. 1910.1018, paragraph (s) is removed, and paragraph (t) is
redesignated paragraph (s) and paragraph (u) is removed.
Sec. 1910.1020 [Amended]
0
17. In Sec. 1910.1020, paragraph (f)(4)(v), remove the reference
``paragraph (f)(9)'' and add in its place, the reference ``paragraph
(f)(7)''.
Sec. 1910.1025 [Amended]
0
18. In Sec. 1910.1025, paragraphs (p) and (r) are removed, and
paragraph (q) is redesignated as paragraph (p).
0
19. In Sec. 1910.1025, Appendix B, section XIV. EFFECTIVE DATE--
PARAGRAPH (p) is removed and section XV is redesignated section XIV.
Sec. 1910.1027 [Amended]
0
20. In Sec. 1910.1027, paragraph (q) is revised to read as follows:
Sec. 1910.1027 Cadmium.
* * * * *
(q) Appendices. Except where portions of appendices A, B, D, E, and
F to this section are expressly incorporated in requirements of this
section, these appendices are purely informational and are not intended
to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
* * * * *
Sec. 1910.1028 [Amended]
0
21. In Sec. 1910.1028, paragraph (m) is removed and reserved, and
paragraph (n) is revised to read as follows:
Sec. 1910.1028 Benzene.
* * * * *
(n) Appendices. The information contained in Appendices A, B, C,
and D is not intended, by itself, to create any additional obligations
not otherwise imposed or to detract from any existing obligations.
* * * * *
Sec. 1910.1029 [Amended]
0
22. In Sec. 1910.1029, paragraph (o) is removed and reserved.
Sec. 1910.1030 [Amended]
0
23. In Sec. 1910.1030, paragraph (g)(2)(ii)(B) is removed, and
paragraph (g)(2)(ii)(C) is redesignated paragraph (g)(2)(ii)(B), and
paragraph (g)(2)(iii) is removed and reserved.
Sec. 1910.1043 [Amended]
0
24. In Sec. 1910.1043, paragraph (m) is removed, and paragraphs (n)
and (o) are redesignated paragraphs (m) and (n), respectively.
Sec. 1910.1045 [Amended]
0
25. In Sec. 1910.1045, paragraph (s) is removed and reserved.
Sec. 1910.1047 [Amended]
0
26. In Sec. 1910.1047, paragraph (m) is removed and reserved.
Sec. 1910.1048 [Amended]
0
27. In Sec. 1910.1048, paragraph (p) is removed.
0
28. In Sec. 1910.1048, Appendix A, the section entitled ``Protective
Equipment and Clothing'', second paragraph entitled ``Respiratory
Protection:'' is revised to read as follows:
Sec. 1910.1048 Formaldehyde.
* * * * *
Appendix A to Sec. 1910.1048--Substance Technical Guidelines for
Formalin
* * * * *
Respiratory Protection: Use NIOSH-approved full facepiece
negative pressure respirators equipped with approved cartridges or
canisters within the use limitations of these devices. (Present
restrictions on cartridges and canisters do not permit them to be
used for a full workshift.) In all other situations, use positive
pressure respirators such as the positive-pressure air purifying
respirator or the self-contained breathing apparatus (SCBA). If you
use a negative pressure respirator, your employer must provide you
with fit testing of the respirator at least once a year.
* * * * *
Sec. 1910.1050 [Amended]
0
29. In Sec. 1910.1050, paragraph (p) is removed and reserved,
paragraph (q) is revised to read as set forth below, and paragraph (r)
is removed.
Sec. 1910.1050 Methylenedianiline.
* * * * *
(q) Appendices. The information contained in Appendices A, B, C,
and D of this section is not intended, by itself, to create any
additional obligations not otherwise imposed by this standard nor
detract from any existing obligation.
* * * * *
Sec. 1910.1051 [Amended]
0
30. In Sec. 1910.1051, paragraph (d)(2)(i) is revised to read as set
forth below, and paragraph (n) is removed and reserved.
Sec. 1910.1051 1,3-Butadiene.
* * * * *
(d) * * *
(2) Initial monitoring. (i) Each employer who has a workplace or
work operation covered by this section, shall perform initial
monitoring to determine accurately the airborne concentrations of BD to
which employees may be exposed, or shall rely on objective data
pursuant to paragraph (a)(2)(i) of this section to fulfill this
requirement. The initial monitoring required under this paragraph shall
be completed within 60 days of the introduction of BD into the
workplace.
* * * * *
Sec. 1910.1052 [Amended]
0
31. In Sec. 1910.1052, paragraph (n) is removed and reserved.
Sec. 1910.1450 [Amended]
0
32. In Sec. 1910.1450, paragraph (k) is removed and reserved.
PART 1913--RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA
ACCESS TO EMPLOYEE MEDICAL RECORDS
0
33. The authority citation for part 1913 is revised to read as follows:
Authority: Sec. 8, Occupational Safety and Health Act of 1970
(29 U.S.C. 657); Sec. e, Privacy Act (5 U.S.C. 552a(e); 5 U.S.C.
301); Secretary of Labor's Order No. 8-76 (41 FR 25059), or 5-2002
(67 FR 65008) as applicable.
Sec. 1913.10 [Amended]
0
34. Amend Sec. 1913.10 in (b)(1), (b)(3), (b)(4), (d)(4)(i), and
(e)(3) by removing the reference ``Sec. 1910.20'' and adding, in its
place, the reference ``Sec. 1910.1020'', and by removing paragraph
(n).
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
0
35.The authority citation for part 1915 is revised to read as follows:
Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941), Secs. 4, 6, and 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653,655,657), Secretary of
Labor's Order No. 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55
FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017) or 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.
Sec. 1915.1001 [Amended]
0
36. Amend Sec. 1915.1001 by removing the reference ``Sec. 1910.20''
and adding, in its place, the reference ``Sec. 1910.1020'' in
paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i), and by removing paragraph (q).
PART 1926--SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION
Part 1926 [Nomenclature change]
0
37. In 29 CFR part 1926, remove the reference ``Sec. 1910.20'' and
add, in its place, the reference ``Sec. 1926.33'' in the following
places:
0
a. Sec. 1926.60 (o)(4)(iii), (o)(5)(i), (o)(5)(iii), (o)(7)(ii),
(o)(7)(iii), and (o)(8)(i).
0
b. Sec. 1926.62 (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv).
0
c. Sec. 1926.800 (j)(3).
0
d. Sec. 1926.1101 (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i).
Subpart D--Occupational Health and Environmental Controls
0
38.The authority citation for 29 CFR part 1926 Subpart D is revised to
read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, and 8 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
and 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76
(41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR
111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 65008) as applicable;
and 29 CFR part 1911.
Sec. 1926.60 [Amended]
0
39. In Sec. 1926.60 paragraph (f)(8)(iii) is revised, paragraphs (q)
and (s) are removed, and paragraph (r) is redesignated as (q) and
revised to read as follows:
Sec. 1926.60 Methyenedianiline.
* * * * *
(f) * * *
(8) * * *
(iii) Maintain records of the corrective actions in accordance with
paragraph (o) of this section.
* * * * *
(q) Appendices. The information contained in appendices A, B, C,
and D of this section is not intended, by itself, to create any
additional obligations not otherwise imposed by this standard nor
detract from any existing obligation.
* * * * *
Sec. 1926.62 [Amended]
0
40. In Sec. 1926.62, paragraph (d)(2)(v)(F) is revised, paragraphs (p)
and (r) are removed, and paragraph (q) is redesignated as paragraph
(p).:
Sec. 1926.62 Lead.
* * * * *
(d) * * *
(2) * * *
(v) * * *
(F) Training as required under paragraph (l)(1)(i) of this section
regarding 29 CFR 1926.59, Hazard Communication; training as required
under paragraph (1)(2)(iii) of this section, regarding use of
respirators; and training in accordance with 29 CFR 1926.21, Safety
training and education.
* * * * *
0
41. In Sec. 1926.62, Appendix B, paragraph XIV. EFFECTIVE DATE--
Paragraph (P) is removed, and paragraph XV is redesignated paragraph
XIV.
Subpart R--Steel Erection
0
42. The authority citation for 29 CFR part 1926 Subpart R is revised to
read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Sec. 4, 6, and 8,
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 3-2000 (65 FR 50017), No. 5-
2002 (67 FR 65008), and 29 CFR part 1911.
Sec. 1926.754 [Amended]
0
43. In Sec. 1926.754, paragraph (c) is revised to read as follows:
Sec. 1926.754 Structural steel assembly.
* * * * *
(c) Walking/working surfaces--shear connectors and other similar
devices. (1) Tripping hazards. Shear connectors (such as headed steel
studs, steel bars or steel lugs), reinforcing bars, deformed anchors or
threaded studs shall not be attached to the top flanges of beams,
joists or beam attachments so that they project vertically from or
horizontally across the top flange of the member until after the metal
decking, or other walking/working surface, has been installed.
(2) Installation of shear connectors on composite floors, roofs and
bridge decks. When shear connectors are used in construction of
composite floors, roofs and bridge decks, employees shall lay out and
install the shear connectors after the metal decking has been
installed, using the metal decking as a working platform. Shear connectors
hall not be installed from within a controlled decking zone (CDZ), as
specified in Sec. 1926.760(c)(8).
* * * * *
Subpart Y -- Diving
0
44. The authority citation for 29 CFR part 1926, Subpart Y, is revised
to read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Sec. 107, Contract
Work Hours and Safety Standards Act (the Construction Safety
Standards Act) (40 U.S.C. 333); Sec. 41, Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 941); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 3-2000 (65 FR 50017) or 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.
Sec. 1926.1092 [Removed]
0
45. Section 1926.1092 is removed.
Subpart Z--Toxic and Hazardous Substances
0
46. The authority citation for 29 CFR part 1926 subpart Z is revised to
read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (the Construction Safety Standards Act) (40 U.S.C. 333); Secs.
4, 6, and 8, Occupational Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754),
8-76 (41 FR 25059), 9-83 (48 FR 35736), 6-96 (62 FR 11), 3-2000 (65
FR 50017), or 5-2002 (67 FR 65008) as applicable; and 29 CFR part
1911.
Sec. 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Sec. 1926.1101 [Amended]
0
47. In Sec. 1926.1101, paragraph (q) is removed.
Sec. 1926.1127 [Amended]
0
48. In Sec. 1926.1127, paragraph (p) is removed and reserved,
paragraph (q)(1) is removed, and paragraph (q)(2) is redesignated
paragraph (q) and revised to read as follows:
Sec. 1926.1127 Cadmium.
* * * * *
(q) Appendices. Except where portions of appendices A, B, D, E, and
F to this section are expressly incorporated in requirements of this
section, these appendices are purely informational and are not intended
to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
* * * * *
[FR Doc. 06-3042 Filed 3-31-06; 8:45 am]
BILLING CODE 4510-26-P
