[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8726-8746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00207]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1904, 1910, 1915, 1918, and 1926
[Docket No. OSHA-2015-0012]
RIN 1218-AD12
OSHA Standards and Regulations; Corrections
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; correcting amendments.
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SUMMARY: In this rule OSHA is correcting typographical errors,
including extraneous or omitted materials and inaccurate graphics, in
27 OSHA standards and regulations. These revisions do not affect the
substantive requirements or coverage of the standards, do not modify or
revoke existing rights or obligations, and do not establish new rights
or obligations. The purpose of these correcting amendments is to reduce
regulatory burdens by correcting the inaccuracies in regulatory text
and graphics. This rule revises standards in recordkeeping,
construction, general industry, shipyard employment, and longshoring.
DATES: Effective February 18, 2020.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Mr. Frank Meilinger, OSHA
Office of Communications, telephone: (202) 693-1999; email:
meilinger.francis2@dol.gov.
Technical information: Mr. Garvin Branch, Directorate of
Construction; telephone: (202) 693-2020; fax: (202) 693-1689; email:
branch.garvin@dol.gov.
ADDRESSES: Copies of this Federal Register document and news releases:
Electronic copies of these documents are available at OSHA's web page
at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Summary and Explanation
IV. Agency Determinations
A. Economic Analysis and Regulatory Flexibility Analysis
B. Legal Considerations
C. Paperwork Reduction Act
D. Federalism
E. State Plans
F. Unfunded Mandates Reform Act of 1995
V. Authority and Signature
I. Executive Summary
This rule corrects certain minor errors in 27 OSHA standards and
regulations in 29 CFR parts 1904, 1910, 1915, 1918, and 1926. The
corrections concern the following regulations and standards: (a)
Recording and Reporting Injuries and Illnesses Regulations--including:
Partial exemptions; annual summary of work-related injuries and
illnesses; and definitions; (b) Occupational Safety and Health
Standards for General Industry--including: Applicability of standards
to employments in territories; definition and requirements for
nationally recognized testing laboratories; electrical generation,
transmission, and distribution; lead; and cadmium; (c) Occupational
Safety and Health Standards for Shipyard Employment--eye and face
protection against welding radiation; (d) Safety and Health Regulations
for Longshoring--recommended Specific Program Elements for first aid
training; and (e) Safety and Health Regulations for Construction--
including: General safety and health provisions concerning
applicability to employments in territories; lead; hazardous waste
operations and emergency response; electrical use of flexible cords and
cables; scaffolds; fall protection-roof width determinations;
helicopters-hoists-elevators-and-conveyors-personnel hoists;
excavation-Appendix A; steel erection-joists tables; metal decking and
shear connectors; fall hazard training; underground construction;
electric power transmission and distribution definitions; asbestos;
cadmium; and cranes and derricks--routine access to underground
construction. The corrections revise typographical errors, including
extraneous or omitted materials and inaccurate graphics, in the listed
standards.
II. Background
From time to time OSHA receives inquiries from inside and outside
the agency concerning minor misprinted, technically inaccurate
materials. OSHA researches the inaccuracies and potential revisions.
Where necessary, the agency undertakes rulemaking to correct the
issues. Where revisions are limited to minor corrections and technical
amendments, OSHA publishes a document in the Federal Register directing
the required revisions be made to the codified version of the
regulations. This rule details the errors, the revisions, and directs
the needed revisions to be made. Revisions are to be made to both
electronic and printed versions of the Code of Federal Regulations
(CFR). The agency has researched the changes necessary to correct minor
misprints in the following five parts of Title 29: Recording and
reporting occupational injuries and illnesses (part 1904), Occupational
safety and health standards (Part 1910), Occupational safety and health
standards for shipyard employment (part 1915), Longshoring safety and
health (part 1918), and Construction safety and health (part 1926). The
revisions in this rule serve to correct certain minor errors in the 27
OSHA standards and regulations. This rule is not an E.O. 13771
regulatory action because this rule is not significant under E.O.
12866.
III. Summary and Explanation
This rule corrects certain minor errors in 27 OSHA standards and
regulations, as summarized in the Executive Summary. These corrections
revise typographical errors, including extraneous or omitted materials
and inaccurate graphics, in the listed standards. A more detailed
discussion of each revision follows.
A. Revisions in Recording and Reporting Occupational Injuries and
Illnesses (29 CFR Part 1904)
1. Subpart B of 1904--Scope, Partial Exemption in 29 CFR 1904.1
The agency is correcting omissions in the recordkeeping and
reporting scope provision, Sec. 1904.1(a)(1). This section refers to
the requirement of Sec. 1904.39 that even partially exempt employers
must report certain injuries to OSHA. Existing section Sec.
1904.1(a)(1) mirrors prior Sec. 1904.39(a) reporting requirements for
all employers. The prior requirement was to report each fatality and
each hospitalization of three or more employees. OSHA revised those
reporting requirements in the Federal Register (79 FR 56130, September
18, 2014), and the revisions became effective January 1, 2015. The
revisions to Sec. 1904.39(a) require all employers, even those
partially exempted from recording by the Sec. 1904.1 size exemption,
to report a fatality, a hospitalization of one or more employees, an
employee amputation, or an employee loss of an eye. This correction
will place the corresponding language in Sec. 1904.1(a)(1) so that it
mirrors the current requirement. The change in this paragraph is not
substantive and does not impose new obligations.
2. Subpart D of 1904--Other OSHA Injury and Illness Recordkeeping
Requirements, Annual Summary of Work-Related Injuries and Illnesses in
29 CFR 1904.32
OSHA is also correcting a typographical error in the recordkeeping
annual summary provision (Sec. 1904.32(b)(2)(iii)). The error is a
faulty reference to Sec. 1904.6(b)(4) describing equivalent forms
allowed for recording annual injury/illness summary data. There is no
Sec. 1904.6(b)(4). The correct reference is to Sec. 1904.29(b)(4)
``What is an equivalent form?''
3. Subpart G of 1904--Definitions, in 29 CFR 1904.46
OSHA is also updating Sec. 1904.46 Definitions to correct a
typographic omission. The agency revised a longstanding reference to
the outdated 1987 Standard Industry Classification (SIC code) manual in
29 CFR 1904.2(b) (79 FR 56130, 56186 (September 18, 2014)). The
document replaced the SIC code with the modern North American Industry
Classification System-2007 code (NAICS). However, the corresponding
replacement of SIC code with NAICS code in the Sec. 1904.46 definition
of Establishment at paragraph (1)(iii) did not occur. This rule makes
that correction.
B. Revisions in Occupational Safety and Health Standards (29 CFR Part
1910)
1. Subpart A--General, Applicability of Standards in 29 CFR 1910.5
In Sec. 1910.5, OSHA is correcting obsolete regulatory text,
which, in addition to any State, the District of Columbia, and U.S.
territories, applies OSHA standards to two territories that no longer
exist: Trust Territory of the Pacific Islands and the Canal Zone.
Section 29 CFR 1910.5(a) corrections will replace the reference to the
Trust Territory of the Pacific Island with the Commonwealth of the
Northern Mariana Islands and remove the reference to the Canal Zone.
2. Subpart A--General, Definition and Requirements for a Nationally
Recognized Testing Laboratory in 29 CFR 1910.7
In Appendix A to Sec. 1910.7 OSHA is correcting a typographical
error for the Recognition Process for Nationally Recognized Testing
Laboratories (NRTLs). Appendix A, section ``I. Procedures for Initial
OSHA Recognition'' currently includes sections ``A. Applications,''
``B. Review and Decision Process; Issuance or Renewal,'' and ``c. Terms
and Conditions of Recognition.'' In order to eliminate confusion, the
existing c title must conform to those of ``A.'' and ``B.'' As it
exists, section ``c. Terms and Conditions of Recognition'' follows a
similarly formatted paragraph B(7)(e),''Review of final decision,''
which is the last paragraph of ``B. Review and Decision Process;
Issuance or Renewal.'' Existing paragraph ``c'' introduces its own
topic, ``Terms and Conditions of Recognition,'' which is corrected to
the same format as the A and B titles. Due to the change in the
heading, OSHA is also renumbering current c. (1), (2), (3), and (4) to
(1)(a), (b), (c), and (d). OSHA is also removing the outdated current
paragraph c.(5), Temporary Recognition of Certain NRTLs, as the period
of temporary recognition ended in 1993 and the two NRTLs listed in the
paragraph now have regular NRTL recognition.
3. Subpart R--Special Industries, Electric Power Generation,
Transmission, and Distribution in 29 CFR 1910.269
In Sec. 1910.269(x), this rule corrects an outdated reference in
the fifth definition of Hazardous Atmosphere to ``Material Safety Data
Sheets.'' Due to the global harmonization of Hazard Communications
standards, OSHA changed ``Material Safety Data Sheets'' (MSDS) to
``Safety Data Sheet'' (SDS) at 77 FR 17574, 17577 (March 26, 2012).
4. Subpart Z--Toxic and Hazardous Substances, Lead in 29 CFR 1910.1025
OSHA is also correcting a misprinted reference to Sec.
1910.1025(e)(6) in Sec. 1910.1025(e)(3)(ii)(G). In 1995, OSHA removed
Sec. 1910.1025(e)(4) and renumbered paragraph (e)(5) as (e)(4) and
paragraph (e)(6) as (e)(5) (60 FR 52856, 52858, October 11, 1995). At
that time, the reference to paragraph (e)(6) in Sec.
1910.1025(e)(3)(ii)(G) should have been changed to (e)(5) but was not
changed. This final rule is correcting the reference in Sec. 1910.1025(e)(3)(ii)(G) to paragraph (e)(5).
5. Subpart Z--Toxic and Hazardous Substances, Cadmium in 29 CFR
1910.1027
OSHA is removing Sec. 1910.1027(n)(6), which requires medical
records to be transferred to the National Institute for Occupational
Safety and Health (NIOSH) if the employer goes out of business and does
not have a successor employer or other organization designated to
receive the records. In the Standards Improvement Project Phase III
(SIP-III) rulemaking, OSHA explained that NIOSH found these records
were not valuable for research and that the cost of storing the records
could not be justified. OSHA then removed the transfer of records
requirement from 18 health standards in 29 CFR parts 1910, 1915 and
1926, and in Sec. 1910.1020 itself, but the cadmium standard was
inadvertently overlooked (76 FR 33590, 33598, June 8, 2011). OSHA is
now making that update in the general industry cadmium standard.
C. Revisions for Occupational Safety and Health Standards for Shipyard
Employment (29 CFR 1915)
Subpart I--Personal Protective Equipment (PPE), Eye and Face Protection
in 29 CFR 1915.153.
In Sec. 1915.153, this rule corrects format errors in Table I-1--
Filter Lenses for Protection Against Radiant Energy by reformatting the
table so that the values for ``Operations,'' ``Electrode size,'' ``Arc
current,'' and ``Minimum protective shade'' correspond with each other
correctly.
D. Revisions to Safety and Health Regulations for Longshoring (29 CFR
Part 1918)
Appendix V to Part 1918--Basic Elements of a First Aid Training Program
(Non-Mandatory), Specific Program Elements (A)(3) Poisoning
In Non-mandatory Appendix V, Basic Elements of a First Aid Training
Program, to 29 CFR 1918, Specific Program Elements paragraph (A)(3),
OSHA is updating ``Materials Safety Data Sheet (MSDS)'' to the current
terminology ``Safety Data Sheet (SDS).''
E. Revisions to Safety and Health Regulations for Construction (29 CFR
Part 1926)
1. Subpart C--General Safety and Health Provisions, General Safety and
Health provisions in 29 CFR 1926.20
At Sec. 1926.20(c), General safety and health provisions for
construction, this rule corrects the list of territories to which OSHA
construction standards apply. The territories are the same as the ones
listed in Sec. 1910.5(a) above, as modified by this rule.
2. Subpart D--Occupational Health and Environmental Conditions, Lead in
29 CFR 1926.62
In Sec. 1926.62, the lead standard for construction, OSHA is
correcting paragraphs 1926.62(d)(2)(iii) and (iv) by replacing the
existing outdated references to ``Table 1 of this section'' with the
correct references to ``paragraph (f) of this section.'' Table 1 no
longer exists (71 FR 50122, 50191 (August 24, 2006)). Respirator
selection must be conducted in accordance with 29 CFR
1910.134(d)(3)(i)(A), as required by Sec. 1926.62(f)(3).
In Sec. 1926.62(d)(3)(iii) and (d)(4)(ii), OSHA is replacing
existing misprints referencing ``(d)(10) of this section'' with correct
references to ``(d)(9) of this section,'' which addresses the accuracy
of measurement required by paragraphs (d)(3)(iii) and (d)(4)(ii). There
is no paragraph (d)(10).
In Sec. 1926.62, Appendix B, Section IV--Paragraph (F), OSHA is
replacing the outdated reference to Table 1 with the correct reference
to Sec. 1926.62(f)(3) of this section for selecting respirators as
explained above regarding Sec. 1926.62(d)(2)(iii) and (iv).
3. Subpart D--Occupational Health and Environmental Conditions,
Hazardous Waste Operations and Emergency Response in 29 CFR 1926.65
In Sec. 1926.65(a)(2)(i) of Hazardous waste operations and
emergency response, OSHA is correcting a misprinted reference to Sec.
1926.20(e)(1). There is no Sec. 1926.20(e)(1); the correct reference,
Sec. 1926.20(e), was added in 1993 (58 FR 35076, 35078 (June 30,
1993)).
In Sec. 1926.65(g)(2), OSHA is correcting the outdated acronym
``MSDS'' and term ``Material Safety Data Sheet.'' Due to the global
harmonization of Hazard Communications standards OSHA changed these
terms to ``SDS'' and ``Safety Data Sheet'' (77 FR 17574, 17577 (March
26, 2012)).
In Sec. 1926.65(l)(3)(vi) and (p)(8)(iv)(E), OSHA is removing
misprinted references to Sec. 1926.159. OSHA had imported regulatory
text for Sec. Sec. 1926.97, 1926.98, and 1926.156-1926.159 in error
from part 1910 fire protection standards. The 1910 standards, however,
were expressly limited in scope and did not cover construction. OSHA
corrected the improper incorporation by removing the sections from part
1926, including Sec. 1926.159, in 1996 (61 FR 31427, 31429, 31432
(June 20, 1996)).
In Sec. 1926.65(q)(3)(iii), OSHA is removing a misprinted
reference to Sec. 1926.97, for the reason explained in the prior
paragraph. The particular text in former Sec. 1926.97 concerned
protective clothing for fire brigades. After Sec. 1926.97 was removed
(61 FR 31427, 31432 (June 20, 1996)), OSHA later revived Sec. 1926.97
as an unrelated electrical personal protective equipment standard (79
FR 20316, 20693 (April 11, 2014)).
In paragraph 5.1 of Section B in Appendix A to 29 CFR 1926.65, OSHA
is correcting an outdated reference of MSDS to SDS and Safety Data
Sheet as explained above regarding Sec. 1926.65(g)(2).
4. Subpart K--Electrical, Wiring Methods, Components, and Equipment for
General Use in 29 CFR 1926.405
In Sec. 1926.405(g)(1)(iii)(C), OSHA is correcting a misprinted
reference to a nonexistent Sec. 1926.405(a)(2)(ii)(1). The correct
reference is to Sec. 1926.405(a)(2)(ii)(I), which allows the use of
flexible cords and cables through pinch points during construction work
if protection is provided to avoid damage.
5. Subpart L--Scaffolds, Additional Requirements Applicable to Specific
Types of Scaffolds in 29 CFR 1926.452
In Sec. 1926.452(a)(3), in the Scaffolds standards, OSHA is
correcting a pole scaffold metric conversion by replacing the
inaccurate conversion of 50 pounds to 222 kilograms. The accurate
rounded conversion number is 22.7 kilograms.
In Sec. 1926.452(w)(6)(ii), OSHA is correcting a mobile scaffold
reference by replacing the existing misprinted reference to paragraph
(x) (Repair bracket scaffolds) of 29 CFR part 1926 subpart L appendix
A. The correct reference is to paragraph 2.(w) (Mobile scaffolds) of
the same appendix.
Also in Sec. 1926.452(w)(6)(ii), OSHA is removing the misprinted
parenthetical phrase ``(ANSI/SIA A92.5 and A92.6)''. The A92.5 standard
applies to boom-supported elevating work platforms, and A92.6 applies
to self-propelled elevating work platforms.
6. Subpart L--Scaffolds, Appendix E to Subpart L, Drawings and
Illustrations
In (Non-mandatory) appendix E of 29 CFR subpart L, OSHA is
correcting text and graphic pages, which show maximum vertical tie
spacing for scaffolds. The graphics being corrected are titled
``Maximum Vertical Tie Spacing Wider Than 3'-0'' Bases'' and ``Maximum
Vertical Tie Spacing 3'-0'' And Narrower Bases.'' Both corrections depict guys, ties, and braces
instead of just ties, and the revisions correct captions for attachment
points, which must be closest to the required height dimension, whether
above or below the exact measurement. Also the revisions correctly
depict that connections must be where horizontal scaffold frame members
connect inner and outer scaffold legs whether at or closest to the
exact height measurement.
7. Subpart M--Fall Protection, Appendix A to Subpart M, Determining
Roof Widths
In appendix A to 29 CFR 1926 subpart M, paragraph (1), OSHA is
correcting ``Non-mandatory Guidelines for Complying with Sec.
1926.501(b)(10)'' by replacing the misprinted reference to Sec.
1910.501(b)(10) with the correct reference to Sec. 1926.501(b)(10).
Also in appendix A to 29 CFR part 1926 subpart M, OSHA is
correcting Example C. Irregularly Shaped Roofs With Rectangular Shaped
Sections and Example E. Roofs With Penthouses, Open Courtyards,
Additional Floors, Etc., by replacing misprinted references to Sec.
1926.502(b)(10) with the correct reference to Sec. 1926.501(b)(10).
Additionally in subpart M, appendix A, Example C and Example E,
OSHA is correcting these titles by centering and conforming the titles
with the format used for titles in Examples A, B, D, and F of the
appendix. OSHA is also correcting notations in Examples C and E to show
that a W symbol means a correct measurement and that a circled ``w''
symbol means an incorrect measurement. The corrections explain a symbol
included on the graphics but not included in the explanatory text. The
corrections clarify the graphics.
8. Subpart N--Helicopters, Hoists, Elevators, and Conveyors in 29 CFR
1926.552
At Sec. 1926.552(c)(17)(iv), OSHA is replacing misprinted lower
case parenthetical italicized paragraph letters (a) through (e) in
Personnel hoists with capital parenthetical letters. Preexisting Sec.
1926.552(c)(17)(iv) includes paragraphs (a), (b), (c), (d), and (e).
Paragraph 1926.552(c)(17)(iv)(e) is immediately followed by Sec.
1926.552(d) Permanent elevators. This sequence causes confusion. The
Federal Register Document Drafting Handbook at Table 2-4 requires
paragraphs at the (c)(17)(iv) level to be listed with capital
parenthetical letters, i.e., (A), (B), (C), (D), and (E). This
capitalization would correctly distinguish requirements for material or
personnel hoists used only for construction activities from permanent
elevators used during construction activities.
9. Subpart P--Excavations, Appendix A to Subpart P, Soil Classification
In paragraph (b) of appendix A to 29 CFR part 1926, subpart P,
Excavations, OSHA corrects criteria for Type C soil case (v). The
Definition for case (v) contains a misprinted, ``or'', which confuses
how layered soil systems are interpreted to dip into excavations. The
correction, which is consistent with Soil Types A, B, and C in the
proposed rule at 52 FR 12288, 12329-30 (April 15, 1987) as well as with
Type A and Type B in the Final Rule at 54 FR 45894, 45963 (October 31,
1989), will use ``on.'' ``On'' accurately describes how a layered soil
system dips into the excavation. The language is being corrected to
explain that a layered system dips into the excavation ``on a slope of
four horizontal to one vertical (4H:1V) or steeper.'' OSHA is also
correcting an unrelated misspelling of ``minimum'' in paragraph
(d)(2)(iii)-Thumb Penetration of appendix A.
10. Subpart R--Steel Erection, Structural Steel Assembly in 29 CFR
1926.754
In Sec. 1926.754(c)(2), OSHA is correcting the Steel Erection
standard by replacing the current misprinted reference to nonexistent
Sec. 1926.760(c)(8) with the correct reference to Sec.
1926.760(c)(7).
11. Subpart R--Steel Erection, Open Web Steel Joists in 29 CFR 1926.757
Additionally, OSHA is correcting Steel Erection joist Tables A and
B in Sec. 1926.757(c) (66 FR 5196, 5270 (January 18, 2001)) by
revising a typographical footnote error that incorrectly limits an
exemption from erection bridging requirements. The footnotes in both
Table A, Erection Bridging For Short Span Joists, and Table B, Erection
Bridging For Long Span Joists read ``NM=diagonal bolted bridging not
mandatory for joists under 40 feet.'' This incorrectly limits the
exemption by joist length. The agency discovered the misprinted
footnote after it was published and addressed the inaccuracy through
question 36(a) in compliance directive CPL 02-01-034 (originally CPL 2-
1.34) (March 22, 2002). There is no length limitation for the NM
notation. It means not mandatory regardless of joist length.
12. Subpart R--Steel Erection, Training in 29 CFR 1926.761
In Sec. 1926.761(b) Fall hazard training, OSHA is correcting
misprinted fall protection training requirements. The December 12, 2008
Federal Register at page 75589 instructed that Sec. 1926.761(b) be
revised. An inadvertent misprint replaced Sec. 1926.761(b) and the
subparagraphs with just the regulatory text for paragraph (b) alone,
leaving out the subparagraphs (66 FR 5196, 5273 (Jan. 18, 2001)); as
amended at (73 FR 75568, 75589 (Dec. 12, 2008)). The correction
replaces the inadvertently removed paragraphs (b)(1) through (5). The
correction includes the original regulatory text concerning: (1) Hazard
recognition, (2) use of fall protection systems, (3) correct procedures
for erecting, maintaining fall protection systems, (4) fall prevention
procedures, and (5) the fall protection requirements of subpart R.
13. Subpart V--Power Transmission and Distribution, Definitions in 29
CFR 1926.968
In Sec. 1926.968, the definition of Hazardous atmosphere includes
five examples. The Note to example five contains the outdated term
``Material Safety Data Sheet.'' Due to the global harmonization of
Hazard Communications standards, OSHA changed the term to ``Safety Data
Sheet (SDS),'' as explained above in the revision to Sec.
1926.65(g)(2)).
14. Subpart Z--Toxic and Hazardous Substances, Asbestos in 29 CFR
1926.1101
At Sec. 1926.1101(e)(4), OSHA is correcting a typographical error
in the Asbestos standard by replacing a reference to ``(h)(2) of this
section'' with ``(h)(3) of this section.'' For entrance into a
regulated area Sec. 1926.1101(e)(4) requires that employees wear
respirators selected in accordance with the referenced paragraph.
Paragraph (h)(2) requires the employer to implement a respiratory
protection program. Paragraph (h)(3) details the criteria that
employers must use to select and provide each employee an appropriate
respirator for protection against asbestos exposure.
In Sec. 1926.1101(f)(3)(iii), OSHA is removing the redundant use
of the word ``respirator''.
At Sec. 1926.1101(g)(7), OSHA is correcting a typographical error
by correctly italicizing the section title, Work Practices and
Engineering Controls for Class II work.
In Sec. 1926.1101(g)(8)(v), OSHA is replacing a misprinted
reference to Sec. 1926.1101(g)(8)(iv)(A) through (D) with the correct
reference to ``Sec. 1926.1101(g)(8)(i) through (iv)'' of this section.
In Sec. 1926.1101(n)(2)(iii) and (n)(3)(i) and (iii), OSHA is
replacing misprinted references to Sec. 1910.33 with correct references to Sec. 1910.1020.
At Sec. 1926.1101(p)(1), OSHA is also correcting the Asbestos
standard by deleting the reference to appendix C of 29 CFR 1926.1101
because the appendix no longer exists. OSHA removed and reserved the
appendix when it consolidated respiratory protection requirements for
general industry, construction, shipyard, longshoring, and marine
terminal workplaces in 29 CFR 1910.134 (see 63 FR 1152, 1298 (January
8, 1998)).
In appendix K to Sec. 1926.1101 paragraph (e) to paragraph 3.1,
OSHA is correcting an outdated reference to MSDS with reference to SDS
and Safety Data Sheet as discussed above in the similar correction to
Sec. 1926.65(g)(2).
15. Subpart Z--Toxic and Hazardous Substances, Cadmium in 29 CFR
1926.1127
In paragraph (d)(1)(i) to Sec. 1926.1127, OSHA is correcting an
outdated reference to MSDS with reference to SDS and Safety Data Sheet
as discussed above in the similar correction to Sec. 1926.65(g)(2).
In paragraphs (n)(1)(iii) and (n)(3)(iii) of Sec. 1926.1127, OSHA
is revising the references to Sec. 1926.33 to more directly refer to
Sec. 1910.1020. Section 1910.1020 is the Access to employee exposure
and medical records regulation, and Sec. 1926.33 is currently a cross-
reference to Sec. 1910.1020, so the change is simply to make the
reference more direct. Recent rulemakings have used this direct
reference to the general industry standard in the construction
standards. Above, regarding Sec. 1926.1101(n), OSHA corrected
misprinted references to Sec. 1910.1020, and OSHA made the same change
in other sections of the construction Asbestos standard in the SIP-III
rulemaking (76 FR 33590, 33601, June 8, 2011). Existing Sec.
1926.1127(n)(4)(i) also currently refers directly to Sec. 1910.1020.
OSHA is also removing subparagraph (n)(5), which requires medical
records to be transferred to NIOSH if the employer goes out of business
and does not have a successor employer or other organization designated
to receive the records for the reasons described above regarding the
cadmium standard for general industry, Sec. 1910.1027(n)(6).
16. Subpart CC--Cranes and Derricks in Construction, Hoisting Personnel
in 29 CFR 1926.1431
In Sec. 1926.1431(a), OSHA is adding a particular work activity,
routine employee access to an underground construction worksite via a
shaft when hoisted by a crane or derrick, to the list of work
activities exempt from an employer's infeasibility demonstration
requirement before using equipment to hoist employees. The
infeasibility requirement for this activity was removed by changes to
Sec. 1926.800(t) ``Hoisting unique to underground construction'' (78
FR 23837 (April 23, 2013)).
IV. Agency Considerations
A. Economic Analysis and Regulatory Flexibility Analysis
The revisions will correct minor misprints, omissions, outdated
references, and tabular and graphic inaccuracies. This will make the
standards easier for employers and workers to understand and follow, as
well as improve compliance assistance and enforcement. In addition, the
corrections reduce confusion, save time, and thus may save costs.
The corrections and revisions are minor. None of them expand
employer obligations or impose new costs. The corrections do not have
significant impact on any small employer. Therefore, OSHA has
determined that this rulemaking is not a significant rule with respect
to Executive Order 12866 and complies with Executive Order 13563. OSHA
certifies that this rulemaking will not have a significant economic
impact on a substantial number of small entities.
B. Legal Considerations: Exemption from Notice and Comment Procedures
OSHA determined that this rulemaking is not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedure Act (5 U.S.C. 553) or Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This
rulemaking does not affect or change any existing rights or
obligations, and no stakeholder is likely to object to them. Therefore,
the agency finds good cause, in accordance with 29 CFR 1911.5, that
public notice and comment are unnecessary within the meaning of 5
U.S.C. 553(b)(3)(B) and 29 U.S.C. 655(b).
C. Paperwork Reduction Act
After reviewing the rule and associated information collections,
OSHA has determined that none of the correcting amendments would create
new or revise existing information collections. Table A lists the
collections of information affected by the correcting amendments.
Table A--Affected Collections of Information
------------------------------------------------------------------------
OMB Control No. Collection of information
------------------------------------------------------------------------
1218-0176........................... Recordkeeping and Reporting
Injuries and Illnesses (29 CFR
1904).
1218-0092........................... Lead in General Industry Standard
(29 CFR 1910.1025).
1218-0185........................... Cadmium in General Industry
Standard (29 CFR 1910.1027).
1218-0134........................... Asbestos in Construction Standard
(29 CFR 1926.1101).
------------------------------------------------------------------------
OSHA notes that a Federal agency cannot conduct or sponsor a
collection of information unless OMB approves it under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.), and the agency displays
a currently valid OMB control number. The public need not respond to a
collection of information requirement unless the agency displays a
currently valid OMB control number, and, notwithstanding any other
provision of law, no person shall be subject to a penalty for failing
to comply with a collection of information requirement if the
requirement does not display a currently valid OMB control number.
D. Federalism
OSHA reviewed the included minor revisions in accordance with the
Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999), which requires that Federal agencies, to the extent
possible, refrain from limiting State policy options, consult with
States prior to taking any actions that would restrict State policy
options, and take such actions only when clear constitutional authority
exists and the problem is national in scope. Executive Order 13132
provides for preemption of State law only with the expressed consent of
Congress. Agencies must limit any such preemption to the extent
possible.
Under Section 18 of the OSH Act, Congress expressly provides that
States may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; States that
obtain Federal approval for such a plan are referred to as ``State Plan
States.'' (29 U.S.C. 667.) Occupational safety and health standards
developed by State Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards.
While OSHA drafted these minor revisions to clarify existing
employee protections in every State, Section 18(c)(2) of the OSH Act
permits State Plan States and Territories to develop and enforce their
own standards, provided the requirements in these standards are at
least as safe and healthful as the requirements specified in these
corrections to existing standards.
In summary, as described above in Section IV(B) Legal
Considerations, OSHA determined that this rule does not affect or
change any existing rights or obligations, and no stakeholder is likely
to object to them; therefore, in States with OSHA-approved State Plans,
this rulemaking would not significantly limit State policy options.
E. State Plans
When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, the 28 States and U.S. Territories
with their own OSHA-approved occupational safety and health plans
(State Plans) must amend their standards to reflect the new standard or
amendment. Optionally they may show OSHA why such action is unnecessary
(e.g., because an existing State standard covering this area is already
``at least as effective'' as the new Federal standard or amendment (29
CFR 1953.5(a)). Since this rule publishes minor corrections to existing
standards, it is unlikely that any State Plan needs to draft a new
standard or amendment to an existing standard. When OSHA promulgates
technical amendments or minor corrections that do not impose additional
or more stringent requirements than the existing standards, State Plans
are not required to amend or correct their standards, although OSHA may
encourage them to do so.
The 28 States and territories with OSHA-approved State Plans are:
Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana,
Iowa, Kentucky, Maine, Maryland, Michigan, Minnesota, Nevada, New
Mexico, New Jersey, New York, North Carolina, Oregon, Puerto Rico,
South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands,
Washington, and Wyoming. Of those Connecticut, Illinois, Maine, New
Jersey, New York, and the Virgin Islands have OSHA-approved State Plans
that apply to State and local government employees only.
OSHA concludes that these minor corrections and technical
amendments will clarify existing protections afforded employees while
reducing the compliance burden and confusion for employers. Therefore,
OSHA urges States and Territories with approved State Plans to make
appropriate revisions to their standards.
F. Unfunded Mandates Reform Act of 1995
OSHA reviewed the included minor corrections in accordance with the
Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and
Executive Order 12875 (56 FR 58093). As noted under section IV(E)
(``State Plans'') of this rule, the agency's standards do not apply to
State and local governments except in States that elect voluntarily to
adopt a State Plan approved by the agency. Consequently, these
corrections and technical amendments, in addition to being minor and
not changing substantive protections, do not meet the definition of a
``Federal intergovernmental mandate'' (see Section 421(5) of the UMRA
(2 U.S.C. 658(5)). Therefore, for the purposes of the UMRA, the agency
certifies that these minor corrections and technical amendments do not
mandate that State, local, or tribal governments adopt new, unfunded
regulatory obligations, or increase expenditures by the private sector
of more than $100 million in any year.
V. Authority and Signature
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, authorized
the preparation of this rule pursuant to Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
29 CFR part 1911, and Secretary's Order 1-2012 (77 FR 3912).
Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
Corrections to Standards
For the reasons stated in the preamble of this final rule, the
Occupational Safety and Health Administration amends 29 CFR parts 1904,
1910, 1915, 1918, and 1926 as follows:
PART 1904--RECORDING AND REPORTING OCCUPATIONAL INJURIES AND
ILLNESSES
0
1. The authority citation for part 1904 continues to read as follows:
Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of
Labor's Order 1-2012 (77 FR 3912, Jan. 25, 2012).
Subpart B--Scope
0
2. In Sec. 1904.1, revise paragraph (a)(1) to read as follows:
Sec. 1904.1 Partial exemption for employers with 10 or fewer
employees.
(a) * * *
(1) If your company had 10 or fewer employees at all times during
the last calendar year, you do not need to keep OSHA injury and illness
records unless OSHA or the Bureau of Labor Statistics informs you in
writing that you must keep records under Sec. 1904.41 or Sec.
1904.42. However, as required by Sec. 1904.39, all employers covered
by the OSH Act must report to OSHA any work-related incident that
results in a fatality, the in-patient hospitalization of one or more
employees, an employee amputation, or an employee loss of an eye.
* * * * *
Subpart D--Other OSHA Injury and Illness Recordkeeping Requirements
0
3. In Sec. 1904.32, revise paragraph (b)(2)(iii) to read as follows:
Sec. 1904.32 Annual summary.
* * * * *
(b) * * *
(2) * * *
(iii) If you are using an equivalent form other than the OSHA 300-A
summary form, as permitted under Sec. 1904.29(b)(4), the summary you
use must also include the employee access and employer penalty
statements found on the OSHA 300-A Summary form.
* * * * *
Subpart G--Definitions
0
4. In Sec. 1904.46, revise paragraph (1)(iii) in the definition of
``Establishment'' to read as follows:
Sec. 1904.46 Definitions.
* * * * *
Establishment. * * *
(1) * * *
(iii) No one industry description in the North American Industry
Classification System (2007) codes applies to the joint activities of
the establishments; and
* * * * *
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart A--General
0
5. The authority citation for subpart A continues to read as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 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), 5-2002
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012
(77 FR 3912), as applicable.
Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993).
0
6. In Sec. 1910.5, revise paragraph (a) to read as follows:
Sec. 1910.5 Applicability of standards.
(a) Except as provided in paragraph (b) of this section, the
standards contained in this Part shall apply with respect to
employments performed in a workplace in a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake
Island, Outer Continental Shelf lands defined in the Outer Continental
Shelf Lands Act, and Johnston Island.
* * * * *
0
7. In Sec. 1910.7, in appendix A, revise section I.c to read as
follows:
Sec. 1910.7 Definition and requirements for a nationally recognized
testing laboratory.
* * * * *
Appendix A to Sec. 1910.7--OSHA Recognition Process for Nationally
Recognized Testing Laboratories
* * * * *
I. Procedures for Initial OSHA Recognition
* * * * *
C. Terms and Conditions of Recognition
1. The following terms and conditions shall be part of every
recognition:
a. Letter of recognition. The recognition by OSHA of any NRTL
will be evidenced by a letter of recognition from OSHA. The letter
will provide the specific details of the scope of the OSHA
recognition, including the specific equipment or materials for which
OSHA recognition has been granted, as well as any specific
conditions imposed by OSHA.
b. Period of recognition. The recognition by OSHA of each NRTL
will be valid for five years, unless terminated before the
expiration of the period. The dates of the period of recognition
will be stated in the recognition letter.
c. Constancy in operations. The recognized NRTL shall continue
to satisfy all the requirements or limitations in the letter of
recognition during the period of recognition.
d. Accurate publicity. The OSHA-recognized NRTL shall not engage
in or permit others to engage in misrepresentation of the scope or
conditions of its recognition.
2. [Reserved]
* * * * *
Subpart R--Special Industries
0
8. The authority citation for subpart R continues to read as follows:
Authority: 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), 1-
90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75
FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part
1911.
0
9. In Sec. 1910.269, in paragraph (x), revise the note following
paragraph (5) of the definition of ``hazardous atmosphere'' to read as
follows:
Sec. 1910.269 Electric power generation, transmission, and
distribution.
* * * * *
(x) * * *
Hazardous atmosphere. * * *
(5) * * *
Note to the definition of ``hazardous atmosphere'' (5): For air
contaminants for which the Occupational Safety and Health
Administration has not determined a dose or permissible exposure
limit, other sources of information, such as Safety Data Sheets
(SDS) that comply with the Hazard Communication Standard, Sec.
1910.1200, published information, and internal documents can provide
guidance in establishing acceptable atmospheric conditions.
* * * * *
Subpart Z--Toxic and Hazardous Substances
0
10. The authority citation for subpart Z continues to read as follows:
Authority: 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), 5-2002 (67 FR
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR
3912), 29 CFR part 1911; and 5 U.S.C. 553, as applicable.
Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat.
1901.
Section 1910.1201 also issued under 49 U.S.C. 5101 et seq.
0
11. In Sec. 1910.1025, revise paragraph (e)(3)(ii)(G) to read as
follows:
Sec. 1910.1025 Lead.
* * * * *
(e) * * *
(3) * * *
(ii) * * *
(G) An administrative control schedule required by paragraph (e)(5)
of this section, if applicable;
* * * * *
Sec. 1910.1027 [Amended]
0
12. In Sec. 1910.1027, remove paragraph (n)(6).
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
0
13. The authority citation for part 1915 continues to read:
Authority: 33 U.S.C. 941; 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), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553,
as applicable.
Subpart I--Personal Protective Equipment (PPE)
0
14. In Sec. 1915.153, revise Table I--1 to read as follows:
Sec. 1915.153 Eye and face protection.
* * * * *
Table I-1--Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum *
Operations Electrode size 1/32 in Arc current protective
shade
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding............... Less than 3................ Less than 60............... 7
3-5........................ 60-160..................... 8
5-8........................ 160-250.................... 10
More than 8................ 250-550.................... 11
Gas metal arc welding and flux cored arc ........................... Less than 60............... 7
welding. 60-160..................... 10
160-250.................... 10
250-500.................... 10
Gas Tungsten arc welding................. ........................... Less than 50............... 8
50-150..................... 8
150-500.................... 10
Air carbon............................... (Light).................... Less than 500.............. 10
Arc cutting.............................. (Heavy).................... 500-1000................... 11
Plasma arc welding....................... ........................... Less than 20............... 6
20-100..................... 8
100-400.................... 10
400-800.................... 11
Plasma arc cutting....................... (light) **................. Less than 300.............. 8
(medium) **................ 300-400.................... 9
(heavy) **................. 400-800.................... 10
Torch brazing............................ ........................... ........................... 3
Torch soldering.......................... ........................... ........................... 2
Carbon arc welding....................... ........................... ........................... 14
----------------------------------------------------------------------------------------------------------------
** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden
by the workpiece.
Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum *
Operations Plate thickness--inches Plate thickness--mm protective
shade
----------------------------------------------------------------------------------------------------------------
Gas Welding:
Light............................... Under 1/8.................... Under 3.2................. 4
Medium.............................. 1/8 to 1/2................... 3.2 to 12.7............... 5
Heavy............................... Over 1/2..................... Over 12.7................. 6
Oxygen cutting:
Light............................... Under 1...................... Under 25.................. 3
Medium.............................. 1 to 6....................... 25 to 150................. 4
Heavy............................... Over 6....................... Over 150.................. 5
----------------------------------------------------------------------------------------------------------------
* As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which
gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting
where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or
sodium line in the visible light of the (spectrum) operation.
* * * * *
PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING
0
15. The authority citation for part 1918 is revised to read as follows:
Authority: 33 U.S.C. 941; 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), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911.
Section 1918.90 also issued under 5 U.S.C. 553.
Section 1918.100 also issued under 49 U.S.C. 5101 et seq. and 5
U.S.C. 553.
Subpart H--Handling Cargo
0
16. In appendix V to part 1918 to read as follows:
Appendix V to Part 1918--Basic Elements of a First Aid Training Program
(Non-Mandatory)
Note: This appendix is non-mandatory and provides guidelines for
small businesses and institutions teaching first aid, as well as for
the recipients of first aid training.
General Program Elements
A. Teaching Methods
1. Trainees should develop ``hands on'' skills through the use
of manikins and trainee partners during their training.
2. Trainees should be exposed to acute injury and illness
settings as well as the appropriate response to those settings
through the use of visual aids, such as video tape and slides.
3. Training should include a course workbook which discusses
first aid principles and responses to settings that require
interventions.
4. Training duration should allow enough time for particular
emphasis on situations likely to be encountered in particular
workplaces.
5. An emphasis on quick response to first aid situations should
be incorporated throughout the program.
B. Principles of Responding to a Health Emergency
The training program should include instruction in:
1. Injury and acute illness as a health problem.
2. Interactions with the local emergency medical services
system. Trainees have the responsibility for maintaining a current
list of emergency telephone numbers (police, fire, ambulance, poison
control) easily accessible to all employees.
3. The principles of triage.
4. The legal aspects of providing first aid services.
C. Methods of Surveying the Scene and the Victim(s)
The training program should include instruction in:
1. The assessment of scenes that require first aid services
including:
a. General scene safety.
b. likely event sequence.
c. rapid estimate of the number of persons injured.
d. identification of others able to help at the scene.
2. Performing a primary survey of each victim including airway,
breathing, and circulation assessments as well as the presence of
any bleeding.
3. The techniques and principles of taking a victim's history at
the scene of an emergency.
4. Performing a secondary survey of the victim including
assessments of vital signs, skin appearance, head and neck, eye,
chest, abdomen, back, extremities, and medical alert symbols.
D. Basic Adult Cardiopulmonary Resuscitation (CPR)
Basic adult CPR training should be included in the program.
Retesting should occur every year. The training program should
include instruction in:
1. Establishing and maintaining adult airway patency.
2. Performing adult breathing resuscitation.
3. Performing adult circulatory resuscitation.
4. Performing choking assessments and appropriate first aid
interventions.
5. Resuscitating the drowning victim.
E. Basic First Aid Intervention
Trainees should receive instruction in the principles and
performance of:
1. Bandaging of the head, chest, shoulder, arm, leg, wrist,
elbow, foot, ankle, fingers, toes, and knee.
2. Splinting of the arm, elbow, clavicle, fingers, hand,
forearm, ribs, hip, femur, lower leg, ankle, knee, foot, and toes.
3. Moving and rescuing victims including one and two person
lifts, ankle and shoulder pulls, and the blanket pull.
F. Universal Precautions
Trainees should be provided with adequate instruction on the
need for and use of universal precautions. This should include:
1. The meaning of universal precautions, which body fluids are
considered potentially infectious, and which are regarded as
hazardous.
2. The value of universal precautions for infectious diseases
such as AIDS and hepatitis B.
3. A copy of OSHA's standard for occupational exposure to
bloodborne pathogens or information on how to obtain a copy.
4. The necessity for keeping gloves and other protective
equipment readily available and the appropriate use of them.
5. The appropriate tagging and disposal of any sharp item or
instrument requiring special disposal measures such as blood soaked
material.
6. The appropriate management of blood spills.
G. First Aid Supplies
The first aid provider should be responsible for the type,
amount, and maintenance of first aid supplies needed for their
particular worksite(s). These supplies need to be stored in a
convenient area available for emergency access.
H. Trainee Assessments
Assessment of successful completion of the first aid training
program should include instructor observation of acquired skills and
written performance assessments. First aid skills and knowledge
should be reviewed every three years.
I. Program Update
The training program should be periodically reviewed with
current first aid techniques and knowledge. Outdated material should
be replaced or removed.
Specific Program Elements
A. Type of Injury Training
1. Shock
Instruction in the principles and first aid intervention in:
a. Shock due to injury.
b. shock due to allergic reactions.
c. the appropriate assessment and first aid treatment of a
victim who has fainted.
2. Bleeding
a. The types of bleeding including arterial, venous, capillary,
external, and internal.
b. the principles and performance of bleeding control
interventions including direct pressure, pressure points, elevation,
and pressure bandaging.
c. the assessment and approach to wounds including abrasions,
incisions, lacerations, punctures, avulsions, amputations, and crush
injuries.
d. the principles of wound care including infection precautions,
wounds requiring medical attention, and the need for tetanus
prophylaxis.
3. Poisoning
Instruction in the principles and first aid intervention of:
a. Alkali, acid and systemic poisons. In addition, all trainees
should know how and when to contact the local Poison Control Center.
b. inhaled poisons including carbon monoxide, carbon dioxide,
smoke, and chemical fumes, vapors and gases as well as the
importance of assessing the toxic potential of the environment to
the rescuer and the need for respirators.
Trainees should be instructed in the acute effect of chemicals
utilized in their plants, the location of chemical inventories,
Safety Data Sheets (SDS), chemical emergency information, and
antidote supplies.
c. topical poisons including poison ivy, poison sumac, poison
oak, and insecticides.
d. drugs of abuse including alcohol, narcotics such as heroin
and cocaine, tranquilizers, and amphetamines.
4. Burns
Instruction in the principles and first aid intervention of:
a. Assessing the severity of the burn including first degree,
second degree, and third degree burns.
b. differentiating between the types of third degree burns
(thermal, electrical, and chemical) and their specific
interventions. Particular attention should be focused upon chemical
burns, and the use of specific chemicals in the workplace which may
cause them.
5. Temperature Extremes
Instruction in the principles and first aid intervention of:
a. Exposure to cold including frostbite and hypothermia.
b. exposure to heat including heat cramps, heat exhaustion, and
heat stroke.
6. Musculoskeletal Injuries
The training program should include instruction in the
principles and first aid intervention in:
a. Open fractures, closed fractures, and splinting.
b. dislocations, especially the methods of joint dislocations of
the upper extremity. The importance of differentiating dislocations
from fractures.
c. joint sprains.
d. muscle strains, contusions, and cramps.
e. head, neck, back, and spinal injuries.
7. Bites and Stings
Instruction in the principles and first aid intervention in:
a. Human and animal (especially dog and snake) bites.
b. bites and stings from insects (spiders, ticks, scorpions,
hornets and wasps). Interventions should include responses to
anaphylactic shock; other allergic manifestations; and rabies and
tetanus prophylaxis.
8. Medical Emergencies
Instruction in the principles and first aid intervention of:
a. Heart attacks.
b. strokes.
c. asthma attacks.
d. diabetic emergencies including diabetic coma, insulin shock,
hyperglycemia, and hypoglycemia.
e. seizures including tonic-clonic and absence seizures.
Importance of not putting gags in mouth.
f. pregnancy including the appropriate care of any abdominal
injury or vaginal bleeding.
9. Confined Spaces
a. The danger of entering a confined space to administer first
aid without having the appropriate respiratory protection.
b. if first aid personnel will be required to assist evacuations
from confined spaces, additional training will be needed.
B. Site of Injury Training
Instruction in the principles and first aid intervention of
injuries to the following sites:
1. Head and Neck
a. Including skull fractures, concussions, and mental status
assessments with particular attention to temporary loss of
consciousness and the need for referral to a physician.
b. including the appropriate approach to the management of the
individual who has suffered a potential neck injury or fracture.
2. Eye
a. Foreign bodies, corneal abrasions and lacerations.
b. chemical burns and the importance of flushing out the eye.
c. the importance of not applying antibiotics without physician
supervision.
3. Nose
a. Nose injuries and nose bleeds.
4. Mouth and Teeth
a. Oral injuries, lip and tongue injuries, and broken and
removed teeth. The importance of preventing inhalation of blood and
teeth.
5. Chest
a. Rib fractures, flail chest, and penetrating wounds.
6. Abdomen
a. Blunt injuries, penetrating injuries, and protruding organs.
7. Hand, Finger, and Foot Injuries
a. Finger/toe nail hematoma, lacerations, splinters, finger nail
avulsion, ring removal, and foreign bodies.
b. the importance of identifying amputation care hospitals in
the area. When an amputation occurs, appropriate handling of amputated fingers,
hands, and feet during the immediate transportation of the victim
and body part to the hospital.
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart C--General Safety and Health Provisions
0
17. The authority citation for subpart C continues to read as follows:
Authority: 40 U.S.C. 3701 et seq.; 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 111), 5-2007 (72 FR 31160),
or 1-2012 (77 FR 3912) as applicable; and 29 CFR part 1911.
0
18. In Sec. 1926.20, revise paragraph (c) to read as follows:
Sec. 1926.20 General safety and health provisions.
* * * * *
(c) The standards contained in this part shall apply with respect
to employments performed in a workplace in a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake
Island, Outer Continental Shelf lands defined in the Outer Continental
Shelf Lands Act, and Johnston Island.
* * * * *
Subpart D--Occupational Health and Environmental Controls
0
19. The authority citation for subpart D continues to read as follows:
Authority: 40 U.S.C. 3704; 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), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5
U.S.C. 553, as applicable.
Section 1926.61 also issued under 49 U.S.C. 5101 et seq.
Section 1926.62 also issued under 42 U.S.C. 4853.
Section 1926.65 also issued under 126 of Public Law 99-499, 100
Stat. 1613.
0
20. In Sec. 1926.62, revise paragraphs (d)(2)(iii) introductory text,
(d)(2)(iv), (d)(3)(iii), and (d)(4)(ii) and revise section IV paragraph
(F) of appendix B to read as follows:
Sec. 1926.62 Lead.
* * * * *
(d) * * *
(2) * * *
(iii) With respect to the tasks listed in this paragraph
(d)(2)(iii) of this section, where lead is present, until the employer
performs an employee exposure assessment as required in this paragraph
(d), and documents that the employee performing any of the listed tasks
is not exposed in excess of 500 [mu]g/m\3\, the employer shall treat
the employee as if the employee were exposed to lead in excess of 500
[mu]g/m\3\ and shall implement employee protective measures as
prescribed in paragraph (d)(2)(v) of this section. Where the employer
does establish that the employee is exposed to levels of lead below 500
[mu]g/m\3\, the employer may provide the exposed employee with the
appropriate respirator prescribed for such use at such lower exposures,
in accordance with paragraph (f) of this section. The tasks covered by
this requirement are:
* * * * *
(iv) With respect to the tasks listed in this paragraph (d)(2)(iv),
where lead is present, until the employer performs an employee exposure
assessment as required in this paragraph (d) and documents that the
employee performing any of the listed tasks is not exposed to lead in
excess of 2,500 [mu]g/m\3\ (50xPEL), the employer shall treat the
employee as if the employee were exposed to lead in excess of 2,500
[mu]g/m\3\ and shall implement employee protective measures as
prescribed in paragraph (d)(2)(v) of this section. Where the employer
does establish that the employee is exposed to levels of lead below
2,500 [mu]g/m\3\, the employer may provide the exposed employee with
the appropriate respirator prescribed for use at such lower exposures,
in accordance with paragraph (f) of this section. Interim protection as
described in this paragraph is required where lead containing coatings
or paint are present on structures when performing:
* * * * *
(3) * * *
(iii) Where the employer has previously monitored for lead
exposures, and the data were obtained within the past 12 months during
work operations conducted under workplace conditions closely resembling
the processes, type of material, control methods, work practices, and
environmental conditions used and prevailing in the employer's current
operations, the employer may rely on such earlier monitoring results to
satisfy the requirements of paragraphs (d)(3)(i) and (d)(6) of this
section if the sampling and analytical methods meet the accuracy and
confidence levels of paragraph (d)(9) of this section.
* * * * *
(4) * * *
(ii) Where the employer has previously monitored for lead exposure,
and the data were obtained within the past 12 months during work
operations conducted under workplace conditions closely resembling the
processes, type of material, control methods, work practices, and
environmental conditions used and prevailing in the employer's current
operations, the employer may rely on such earlier monitoring results to
satisfy the requirements of paragraph (d)(4)(i) of this section if the
sampling and analytical methods meet the accuracy and confidence levels
of paragraph (d)(9) of this section.
* * * * *
Appendix B to Sec. 1926.62--Employee Standard Summary
* * * * *
IV. Respiratory Protection--Paragraph (F)
Your employer is required to provide and assure your use of
respirators when your exposure to lead is not controlled below the
PEL by other means. The employer must pay the cost of the
respirator. Whenever you request one, your employer is also required
to provide you a respirator even if your air exposure level is not
above the PEL. You might desire a respirator when, for example, you
have received medical advice that your lead absorption should be
decreased. Or, you may intend to have children in the near future,
and want to reduce the level of lead in your body to minimize
adverse reproductive effects. While respirators are the least
satisfactory means of controlling your exposure, they are capable of
providing significant protection if properly chosen, fitted, worn,
cleaned, maintained, and replaced when they stop providing adequate
protection.
Your employer is required to select your respirator according to
the requirements of 29 CFR 1926.62(f)(3), including the requirements
referenced in 29 CFR 1910.134(d)(3)(i)(A) of this chapter. Any
respirator chosen must be approved by NIOSH under the provisions of
42 CFR part 84. These respirator selection references will enable
your employer to choose a type of respirator that will give you a
proper amount of protection based on your airborne lead exposure.
Your employer may select a type of respirator that provides greater
protection than that required by the standard; that is, one
recommended for a higher concentration of lead than is present in
your workplace. For example, a powered air-purifying respirator
(PAPR) is much more protective than a typical negative pressure
respirator, and may also be more comfortable to wear. A PAPR has a
filter, cartridge, or canister to clean the air, and a power source
that continuously blows filtered air into your breathing zone. Your
employer might make a PAPR available to you to ease the burden of
having to wear a respirator for long periods of time. The standard
provides that you can obtain a PAPR upon request.
Your employer must also start a Respiratory Protection Program.
This program must include written procedures for the proper selection,
use, cleaning, storage, and maintenance of respirators.
Your employer must ensure that your respirator facepiece fits
properly. Proper fit of a respirator facepiece is critical to your
protection from airborne lead. Obtaining a proper fit on each
employee may require your employer to make available several
different types of respirator masks. To ensure that your respirator
fits properly and that facepiece leakage is minimal, your employer
must give you either a qualitative or quantitative fit test as
specified in appendix A of the Respiratory Protection standard
located at 29 CFR 1910.134.
You must also receive from your employer proper training in the
use of respirators. Your employer is required to teach you how to
wear a respirator, to know why it is needed, and to understand its
limitations.
The standard provides that if your respirator uses filter
elements, you must be given an opportunity to change the filter
elements whenever an increase in breathing resistance is detected.
You also must be permitted to periodically leave your work area to
wash your face and respirator facepiece whenever necessary to
prevent skin irritation. If you ever have difficulty in breathing
during a fit test or while using a respirator, your employer must
make a medical examination available to you to determine whether you
can safely wear a respirator. The result of this examination may be
to give you a positive pressure respirator (which reduces breathing
resistance) or to provide alternative means of protection.
* * * * *
0
21. In Sec. 1926.65, revise paragraphs (a)(2)(i), (g)(2), (l)(3)(vi),
(p)(8)(iv)(E), and (q)(3)(iii) and in appendix A revise paragraph 5.1
in section B to read as follows:
Sec. 1926.65 Hazardous waste operations and emergency response.
(a) * * *
(2) * * *
(i) All requirements of 29 CFR parts 1910 and 1926 apply pursuant
to their terms to hazardous waste and emergency response operations
whether covered by this section or not. If there is a conflict or
overlap, the provision more protective of employee safety and health
shall apply without regard to 29 CFR 1926.20(e).
* * * * *
(g) * * *
(2) Engineering controls, work practices, and PPE for substances
not regulated either in Sec. 1926.55, elsewhere in subpart D, or in
other pertinent sections of this Part. An appropriate combination of
engineering controls, work practices, and personal protective equipment
shall be used to reduce and maintain employee exposure to or below
published exposure levels for hazardous substances and health hazards
not regulated either in Sec. 1926.55, elsewhere in subpart D, or in
other pertinent sections of this part. The employer may use the
published literature and Safety Data Sheets (SDS) as a guide in making
the employer's determination as to what level of protection the
employer believes is appropriate for hazardous substances and health
hazards for which there is no permissible exposure limit or published
exposure limit.
* * * * *
(l) * * *
(3) * * *
(vi) An employee alarm system shall be installed to notify
employees of an emergency situation; to stop work activities if
necessary; to lower background noise in order to speed communication;
and to begin emergency procedures.
* * * * *
(p) * * *
(8) * * *
(iv) * * *
(E) An employee alarm system shall be installed to notify employees
of an emergency situation; to stop work activities if necessary; to
lower background noise in order to speed communication; and to begin
emergency procedures.
* * * * *
(q) * * *
(3) * * *
(iii) Based on the hazardous substances and/or conditions present,
the individual in charge of the ICS shall implement appropriate
emergency operations, and assure that the personal protective equipment
worn is appropriate for the hazards to be encountered.
* * * * *
Appendix A to Sec. 1926.65--Personal Protective Equipment Test Methods
* * * * *
B. Totally-Encapsulating Chemical Protective Suit Qualitative Leak
Test
* * * * *
5.1 Concentrated aqueous ammonium hydroxide, NH4 OH,
is a corrosive volatile liquid requiring eye, skin, and respiratory
protection. The person conducting the test shall review the Safety
Data Sheet (SDS) for aqueous ammonia.
* * * * *
Subpart K--Electrical
0
22. The authority citation for subpart K is revised to read as follows:
Authority: 29 U.S.C. 653, 655, 657; 40 U.S.C. 333; Secretary of
Labor's Order No. 9-83 (48 FR 35736), 1-90 (55 FR 9033) or 1-2012
(77 FR 3912), as applicable; 29 CFR part 1911.
* * * * *
0
23. In Sec. 1926.405, revise paragraph (g)(1)(iii)(C) to read as
follows:
Sec. 1926.405 Wiring methods, components, and equipment for general
use.
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(C) Where run through doorways, windows, or similar openings,
except as permitted in paragraph (a)(2)(ii)(I) of this section;
* * * * *
Subpart L--Scaffolds
0
24. The authority citation for subpart L continues to read as follows:
Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order Nos. 1-90 (55 FR 9033), 5-2007 (72 FR 31159), or 1-
2012 (77 FR 3912); and 29 CFR part 1911.
* * * * *
0
25. In Sec. 1926.452, revise paragraphs (a)(3) and (w)(6)(ii) to read
as follows:
Sec. 1926.452 Additional requirements applicable to specific types of
scaffolds.
* * * * *
(a) * * *
(3) Diagonal bracing in both directions shall be installed across
the entire inside face of double-pole scaffolds used to support loads
equivalent to a uniformly distributed load of 50 pounds (22.7 kg) or
more per square foot (929 square cm).
* * * * *
(w) * * *
(6) * * *
(ii) The height to base width ratio of the scaffold during movement
is two to one or less, unless the scaffold is designed and constructed
to meet or exceed nationally recognized stability test requirements
such as those listed in paragraph 2.(w) of appendix A to this subpart;
* * * * *
0
26. In appendix E to subpart L of part 1926 subpart L:
0
a. Remove the graphic ``Maximum Vertical Tie Spacing Wider Than 3'-0''
Bases'' and add in its place the graphic ``Maximum Vertical Guy, Tie or
Brace Spacing Wider Than 3'-0'' Bases''; and
0
b. Remove the graphic ``Maximum Vertical Tie Spacing 3'-0''and Narrower
Bases'' and add in its place the ``Maximum Vertical Guy, Tie or Brace
Spacing 3'-0'' And Narrower Bases''.
The additions read as follows:
BILLING CODE 4510-26-P
[GRAPHIC] [TIFF OMITTED] TR18FE20.059
[GRAPHIC] [TIFF OMITTED] TR18FE20.060
* * * * *
Subpart M--Fall Protection
0
27. The authority citation for subpart M continues to read as follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 1-90 (55 FR 9033), 6-96 (62 FR 111),
3-2000 (65 FR 50017), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912),
as applicable; and 29 CFR part 1911.
0
28. Revise appendix A to subpart M of part 1926 to read as follows:
Appendix A to Subpart M of Part 1926--Determining Roof Widths
Non-Mandatory Guidelines for Complying With Sec. 1926.501(b)(10)
(1) This appendix serves as a guideline to assist employers
complying with the requirements of Sec. 1926.501(b)(10). Section
1926.501(b)(10) allows the use of a safety monitoring system alone
as a means of providing fall protection during the performance of
roofing operations on low-sloped roofs 50 feet (15.25 m) or less in
width. Each example in the appendix shows a roof plan or plans and
indicates where each roof or roof area is to be measured to
determine its width. Section views or elevation views are shown
where appropriate. Some examples show ``correct'' and ``incorrect''
subdivisions of irregularly shaped roofs divided into smaller,
regularly shaped areas. In all examples, the dimension selected to
be the width of an area is the lesser of the two primary dimensions
of the area, as viewed from above. Example A shows that on a simple
rectangular roof, width is the lesser of the two primary overall
dimensions. This is also the case with roofs which are sloped toward
or away from the roof center, as shown in Example B.
(2) Many roofs are not simple rectangles. Such roofs may be
broken down into subareas as shown in Example C. The process of
dividing a roof area can produce many different configurations.
Example C gives the general rule of using dividing lines of minimum
length to minimize the size and number of the areas which are
potentially less than 50 feet (15.25 m) wide. The intent is to
minimize the number of roof areas where safety monitoring systems
alone are sufficient protection.
(3) Roofs which are comprised of several separate, non-
contiguous roof areas, as in Example D, may be considered as a
series of individual roofs. Some roofs have penthouses, additional
floors, courtyard openings, or similar architectural features;
Example E shows how the rule for dividing roofs into subareas is
applied to such configurations. Irregular, non-rectangular roofs
must be considered on an individual basis, as shown in Example F.
[GRAPHIC] [TIFF OMITTED] TR18FE20.061
[GRAPHIC] [TIFF OMITTED] TR18FE20.062
[GRAPHIC] [TIFF OMITTED] TR18FE20.063
[GRAPHIC] [TIFF OMITTED] TR18FE20.064
[GRAPHIC] [TIFF OMITTED] TR18FE20.065
[GRAPHIC] [TIFF OMITTED] TR18FE20.066
BILLING CODE 4510-26-C
Subpart N--Helicopters, Hoists, Elevators, and Conveyors
0
29. The authority citation for subpart N is revised to read as follows:
Authority: 40 U.S.C. 3701; 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 (49
FR 35736), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), as
applicable; and 29 CFR 1911.
Sec. 1926.552 [Amended]
0
30. In Sec. 1926.552, in paragraph (c)(17)(iv), redesignate paragraphs
(a) through (e) as paragraphs (A) through (E).
Subpart P--Excavations
0
31. The authority citation for subpart P is revised to read as follows:
Authority: 40 U.S.C. 333; 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), or 1-2012 (77 FR 3912), as applicable; and 29 CFR
part 1911.
0
32. Revise appendix A to subpart P of part 1926 to read as follows:
Appendix A to Subpart P of Part 1926--Soil Classification
(a) Scope and application--(1) Scope. This appendix describes a
method of classifying soil and rock deposits based on site and
environmental conditions, and on the structure and composition of the earth deposits. The appendix
contains definitions, sets forth requirements, and describes
acceptable visual and manual tests for use in classifying soils.
(2) Application. This appendix applies when a sloping or
benching system is designed in accordance with the requirements set
forth in Sec. 1926.652(b)(2) as a method of protection for
employees from cave-ins. This appendix also applies when timber
shoring for excavations is designed as a method of protection from
cave-ins in accordance with appendix C to subpart P of part 1926,
and when aluminum hydraulic shoring is designed in accordance with
appendix D. This appendix also applies if other protective systems
are designed and selected for use from data prepared in accordance
with the requirements set forth in Sec. 1926.652(c), and the use of
the data is predicated on the use of the soil classification system
set forth in this appendix.
(b) Definitions. The definitions and examples given below are
based on, in whole or in part, the following: American Society for
Testing Materials (ASTM) Standards D653-85 and D2488; The Unified
Soils Classification System, the U.S. Department of Agriculture
(USDA) Textural Classification Scheme; and The National Bureau of
Standards Report BSS-121.
Cemented soil means a soil in which the particles are held
together by a chemical agent, such as calcium carbonate, such that a
hand-size sample cannot be crushed into powder or individual soil
particles by finger pressure.
Cohesive soil means clay (fine grained soil), or soil with a
high clay content, which has cohesive strength. Cohesive soil does
not crumble, can be excavated with vertical sideslopes, and is
plastic when moist. Cohesive soil is hard to break up when dry, and
exhibits significant cohesion when submerged. Cohesive soils include
clayey silt, sandy clay, silty clay, clay and organic clay.
Dry soil means soil that does not exhibit visible signs of
moisture content.
Fissured means a soil material that has a tendency to break
along definite planes of fracture with little resistance, or a
material that exhibits open cracks, such as tension cracks, in an
exposed surface.
Granular soil means gravel, sand, or silt, (coarse grained soil)
with little or no clay content. Granular soil has no cohesive
strength. Some moist granular soils exhibit apparent cohesion.
Granular soil cannot be molded when moist and crumbles easily when
dry.
Layered system means two or more distinctly different soil or
rock types arranged in layers. Micaceous seams or weakened planes in
rock or shale are considered layered.
Moist soil means a condition in which a soil looks and feels
damp. Moist cohesive soil can easily be shaped into a ball and
rolled into small diameter threads before crumbling. Moist granular
soil that contains some cohesive material will exhibit signs of
cohesion between particles.
Plastic means a property of a soil which allows the soil to be
deformed or molded without cracking, or appreciable volume change.
Saturated soil means a soil in which the voids are filled with
water. Saturation does not require flow. Saturation, or near
saturation, is necessary for the proper use of instruments such as a
pocket penetrometer or sheer vane.
Soil classification system means, for the purpose of this
subpart, a method of categorizing soil and rock deposits in a
hierarchy of Stable Rock, Type A, Type B, and Type C, in decreasing
order of stability. The categories are determined based on an
analysis of the properties and performance characteristics of the
deposits and the environmental conditions of exposure.
Stable rock means natural solid mineral matter that can be
excavated with vertical sides and remain intact while exposed.
Submerged soil means soil which is underwater or is free
seeping.
Type A means cohesive soils with an unconfined compressive
strength of 1.5 ton per square foot (tsf) (144 kPa) or greater.
Examples of cohesive soils are: clay, silty clay, sandy clay, clay
loam and, in some cases, silty clay loam and sandy clay loam.
Cemented soils such as caliche and hardpan are also considered Type
A. However, no soil is Type A if:
(i) The soil is fissured; or
(ii) The soil is subject to vibration from heavy traffic, pile
driving, or similar effects; or
(iii) The soil has been previously disturbed; or
(iv) The soil is part of a sloped, layered system where the
layers dip into the excavation on a slope of four horizontal to one
vertical (4H:1V) or greater; or
(v) The material is subject to other factors that would require
it to be classified as a less stable material.
Type B means:
(i) Cohesive soil with an unconfined compressive strength
greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or
(ii) Granular cohesionless soils including: angular gravel
(similar to crushed rock), silt, silt loam, sandy loam and, in some
cases, silty clay loam and sandy clay loam.
(iii) Previously disturbed soils except those which would
otherwise be classified as Type C soil.
(iv) Soil that meets the unconfined compressive strength or
cementation requirements for Type A, but is fissured or subject to
vibration; or
(v) Dry rock that is not stable; or
(vi) Material that is part of a sloped, layered system where the
layers dip into the excavation on a slope less steep than four
horizontal to one vertical (4H:1V), but only if the material would
otherwise be classified as Type B.
Type C means:
(i) Cohesive soil with an unconfined compressive strength of 0.5
tsf (48 kPa) or less; or
(ii) Granular soils including gravel, sand, and loamy sand; or
(iii) Submerged soil or soil from which water is freely seeping;
or
(iv) Submerged rock that is not stable; or
(v) Material in a sloped, layered system where the layers dip
into the excavation on a slope of four horizontal to one vertical
(4H:1V) or steeper.
Unconfined compressive strength means the load per unit area at
which a soil will fail in compression. It can be determined by
laboratory testing, or estimated in the field using a pocket
penetrometer, by thumb penetration tests, and other methods.
Wet soil means soil that contains significantly more moisture
than moist soil, but in such a range of values that cohesive
material will slump or begin to flow when vibrated. Granular
material that would exhibit cohesive properties when moist will lose
those cohesive properties when wet.
(c) Requirements--(1) Classification of soil and rock deposits.
Each soil and rock deposit shall be classified by a competent person
as Stable Rock, Type A, Type B, or Type C in accordance with the
definitions set forth in paragraph (b) of this appendix.
(2) Basis of classification. The classification of the deposits
shall be made based on the results of at least one visual and at
least one manual analysis. Such analyses shall be conducted by a
competent person using tests described in paragraph (d) below, or in
other recognized methods of soil classification and testing such as
those adopted by the America Society for Testing Materials, or the
U.S. Department of Agriculture textural classification system.
(3) Visual and manual analyses. The visual and manual analyses,
such as those noted as being acceptable in paragraph (d) of this
appendix, shall be designed and conducted to provide sufficient
quantitative and qualitative information as may be necessary to
identify properly the properties, factors, and conditions affecting
the classification of the deposits.
(4) Layered systems. In a layered system, the system shall be
classified in accordance with its weakest layer. However, each layer
may be classified individually where a more stable layer lies under
a less stable layer.
(5) Reclassification. If, after classifying a deposit, the
properties, factors, or conditions affecting its classification
change in any way, the changes shall be evaluated by a competent
person. The deposit shall be reclassified as necessary to reflect
the changed circumstances.
(d) Acceptable visual and manual tests--(1) Visual tests. Visual
analysis is conducted to determine qualitative information regarding
the excavation site in general, the soil adjacent to the excavation,
the soil forming the sides of the open excavation, and the soil
taken as samples from excavated material.
(i) Observe samples of soil that are excavated and soil in the
sides of the excavation. Estimate the range of particle sizes and
the relative amounts of the particle sizes. Soil that is primarily
composed of fine-grained material is cohesive material. Soil
composed primarily of coarse-grained sand or gravel is granular
material.
(ii) Observe soil as it is excavated. Soil that remains in
clumps when excavated is cohesive. Soil that breaks up easily and
does not stay in clumps is granular.
(iii) Observe the side of the opened excavation and the surface
area adjacent to the excavation. Crack-like openings such as tension cracks could indicate fissured material. If chunks of soil
spall off a vertical side, the soil could be fissured. Small spalls
are evidence of moving ground and are indications of potentially
hazardous situations.
(iv) Observe the area adjacent to the excavation and the
excavation itself for evidence of existing utility and other
underground structures, and to identify previously disturbed soil.
(v) Observe the opened side of the excavation to identify
layered systems. Examine layered systems to identify if the layers
slope toward the excavation. Estimate the degree of slope of the
layers.
(vi) Observe the area adjacent to the excavation and the sides
of the opened excavation for evidence of surface water, water
seeping from the sides of the excavation, or the location of the
level of the water table.
(vii) Observe the area adjacent to the excavation and the area
within the excavation for sources of vibration that may affect the
stability of the excavation face.
(2) Manual tests. Manual analysis of soil samples is conducted
to determine quantitative as well as qualitative properties of soil
and to provide more information in order to classify soil properly.
(i) Plasticity. Mold a moist or wet sample of soil into a ball
and attempt to roll it into threads as thin as \1/8\-inch in
diameter. Cohesive material can be successfully rolled into threads
without crumbling. For example, if at least a two inch (50 mm)
length of \1/8\-inch thread can be held on one end without tearing,
the soil is cohesive.
(ii) Dry strength. If the soil is dry and crumbles on its own or
with moderate pressure into individual grains or fine powder, it is
granular (any combination of gravel, sand, or silt). If the soil is
dry and falls into clumps which break up into smaller clumps, but
the smaller clumps can only be broken up with difficulty, it may be
clay in any combination with gravel, sand or silt. If the dry soil
breaks into clumps which do not break up into small clumps and which
can only be broken with difficulty, and there is no visual
indication the soil is fissured, the soil may be considered
unfissured.
(iii) Thumb penetration. The thumb penetration test can be used
to estimate the unconfined compressive strength of cohesive soils.
(This test is based on the thumb penetration test described in
American Society for Testing and Materials (ASTM) Standard
designation D2488--``Standard Recommended Practice for Description
of Soils (Visual--Manual Procedure).'') Type A soils with an
unconfined compressive strength of 1.5 tsf can be readily indented
by the thumb; however, they can be penetrated by the thumb only with
very great effort. Type C soils with an unconfined compressive
strength of 0.5 tsf can be easily penetrated several inches by the
thumb, and can be molded by light finger pressure. This test should
be conducted on an undisturbed soil sample, such as a large clump of
spoil, as soon as practicable after excavation to keep to a minimum
the effects of exposure to drying influences. If the excavation is
later exposed to wetting influences (rain, flooding), the
classification of the soil must be changed accordingly.
(iv) Other strength tests. Estimates of unconfined compressive
strength of soils can also be obtained by use of a pocket
penetrometer or by using a hand-operated shearvane.
(v) Drying test. The basic purpose of the drying test is to
differentiate between cohesive material with fissures, unfissured
cohesive material, and granular material. The procedure for the
drying test involves drying a sample of soil that is approximately
one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until
it is thoroughly dry:
(A) If the sample develops cracks as it dries, significant
fissures are indicated.
(B) Samples that dry without cracking are to be broken by hand.
If considerable force is necessary to break a sample, the soil has
significant cohesive material content. The soil can be classified as
an unfissured cohesive material and the unconfined compressive
strength should be determined.
(C) If a sample breaks easily by hand, it is either a fissured
cohesive material or a granular material. To distinguish between the
two, pulverize the dried clumps of the sample by hand or by stepping
on them. If the clumps do not pulverize easily, the material is
cohesive with fissures. If they pulverize easily into very small
fragments, the material is granular
Subpart R--Steel Erection
0
33. The authority citation for subpart R is revised to read as follows:
Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; Secretary
of Labor's Order Nos. 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-
2007 (72 FR 31159), or 1-2012 (77 FR 3912), as applicable; and 29
CFR part 1911.
0
34. In Sec. 1926.754, revise paragraph (c)(2) to read as follows;
Sec. 1926.754 Structural steel assembly.
* * * * *
(c) * * *
(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 shall not be installed from within a controlled decking zone
(CDZ), as specified in Sec. 1926.760(c)(7).
* * * * *
0
35. In Sec. 1926.757, revise the footnotes to Tables A and B to read
as follows:
Sec. 1926.757 Open web steel joists
* * * * *
Table A--Erection Bridging for Short Span Joists
------------------------------------------------------------------------
Joist Span
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
NM = diagonal bolted bridging not mandatory.
* * * * *
Table B--Erection Bridging for Long Span Joists
------------------------------------------------------------------------
Joist Span
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
NM = diagonal bolted bridging not mandatory.
* * * * *
0
36. In Sec. 1926.761, revise paragraph (b) to read as follows:
Sec. 1926.761 Training.
* * * * *
(b) Fall hazard training. The employer shall train each employee
exposed to a fall hazard in accordance with the requirements of this
section. The employer shall institute a training program and ensure
employee participation in the program. The program shall include
training and instruction in the following areas:
(1) The recognition and identification of fall hazards in the work
area;
(2) The use and operation of guardrail systems (including perimeter
safety cable systems), personal fall arrest systems, positioning device
systems, fall restraint systems, safety net systems, and other
protection to be used;
(3) The correct procedures for erecting, maintaining,
disassembling, and inspecting the fall protection systems to be used;
(4) The procedures to be followed to prevent falls to lower levels
and through or into holes and openings in walking/working surfaces and
walls; and
(5) The fall protection requirements of this subpart.
* * * * *
Subpart V--Electric Power Transmission and Distribution
0
37. The authority citation for subpart V continues to read as follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR part
1911.
0
38. In Sec. 1926.968, in the definition of ``Hazardous atmosphere'',
revise the note following paragraph (5) to read as follows:
Sec. 1926.968 Definitions.
* * * * *
Hazardous atmosphere. * * *
(5) * * *
Note to the Definition of ``Hazardous Atmosphere'' (5): For air
contaminants for which the Occupational Safety and Health
Administration has not determined a dose or permissible exposure
limit, other sources of information, such as Safety Data Sheets
(SDS) that comply with the Hazard Communication Standard, Sec.
1910.1200, published information, and internal documents can provide
guidance in establishing acceptable atmospheric conditions.
* * * * *
Subpart Z--Toxic and Hazardous Substances
0
39. The authority citation for subpart Z continues to read as follows:
Authority: 40 U.S.C. 3704; 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), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912) as applicable; 29 CFR part 1911; and
5 U.S.C. 553, as applicable.
0
40. In Sec. 1926.1101, revise paragraphs (e)(4) and (f)(3)(iii), the
paragraph (g)(7) subject heading, paragraphs (g)(8)(v) introductory
text, (n)(2)(iii), (n)(3)(i) and (iii), and (p)(1), and in appendix K,
in section 3.1, revise paragraph (e) to read as follows:
Sec. 1926.1101 Asbestos.
* * * * *
(e) * * *
(4) Respirators. All persons entering a regulated area where
employees are required pursuant to paragraph (h)(1) of this section to
wear respirators shall be supplied with a respirator selected in
accordance with paragraph (h)(3) of this section.
* * *
(f) * * *
(3) * * *
(iii) Exception: When all employees required to be monitored daily
are equipped with supplied-air respirators operated in the pressure
demand mode, or other positive pressure mode, the employer may dispense
with the daily monitoring required by this paragraph. However,
employees performing Class I work using a control method which is not
listed in paragraph (g)(4)(i), (ii), or (iii) of this section or using
a modification of a listed control method, shall continue to be
monitored daily even if they are equipped with supplied-air
respirators.
* * * * *
(g) * * *
(7) Work Practices and Engineering Controls for Class II work. * *
*
* * * * *
(8) * * *
(v) When performing any other Class II removal of asbestos
containing material for which specific controls have not been listed in
paragraph (g)(8)(i) through (iv) of this section, the employer shall
ensure that the following work practices are complied with.
* * * * *
(n) * * *
(2) * * *
(iii) The employer shall maintain this record for at least thirty
(30) years, in accordance with Sec. 1910.1020 of this chapter
(3) * * *
(i) The employer shall establish and maintain an accurate record
for each employee subject to medical surveillance by paragraph (m) of
this section, in accordance with Sec. 1910.1020 of this chapter.
* * * * *
(iii) The employer shall ensure that this record is maintained for
the duration of employment plus thirty (30) years, in accordance with
Sec. 1910.1020 of this chapter.
* * * * *
(p) * * *
(1) Appendices A, D, and E to this section are incorporated as part
of this section and the contents of these appendices are mandatory.
* * * * *
Appendix K to Sec. 1926.1101--Polarized Light Microscopy of Asbestos
(Non-Mandatory)
* * * * *
3.1. Safety
* * * * *
(e) Some of the solvents used, such as THF (tetrahydrofuran),
are toxic and should only be handled in an appropriate fume hood and
according to instructions given in the Safety Data Sheet (SDS).
* * * * *
0
41. In Sec. 1926.1127, revise paragraphs (d)(1)(i), (n)(1)(iii), and
(n)(3)(iii) and remove paragraph (n)(5).
The revisions read as follows:
Sec. 1926.1127 Cadmium.
* * * * *
(d) * * *
(1) * * *
(i) Prior to the performance of any construction work where
employees may be potentially exposed to cadmium, the employer shall
establish the applicability of this standard by determining whether
cadmium is present in the workplace and whether there is the
possibility that employee exposures will be at or above the action
level. The employer shall designate a competent person who shall make
this determination. Investigation and material testing techniques shall
be used, as appropriate, in the determination. Investigation shall
include a review of relevant plans, past reports, Safety Data Sheets
(SDS), and other available records, and consultations with the property
owner and discussions with appropriate individuals and agencies.
* * * * *
(n) * * *
(1) * * *
(iii) The employer shall maintain this record for at least thirty
(30) years, in accordance with Sec. 1910.1020 of this chapter.
* * * * *
(3) * * *
(iii) The employer shall assure that this record is maintained for
the duration of employment plus thirty (30) years, in accordance with
Sec. 1910.1020 of this chapter.
* * * * *
Subpart CC--Cranes and Derricks in Construction
0
42. The authority citation for Part 1926 subpart CC continues to read
as follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 5-2007 (72 FR 31159) or 1-2012 (77 FR
3912), as applicable; and 29 CFR part 1911.
0
43. In Sec. 1926.1431, revise paragraph (a) to read as follows:
Sec. 1926.1431 Hoisting personnel.
* * * * *
(a) The use of equipment to hoist employees is prohibited except
where the employer demonstrates that the erection, use, and dismantling
of conventional means of reaching the work area, such as a personnel
hoist, ladder, stairway, aerial lift, elevating work platform, or
scaffold, would be more hazardous, or is not possible because of the
project's structural design or worksite conditions. This paragraph does
not apply to work covered by subpart R (Steel Erection) of this part
and also does not apply to routine personnel access to an underground
worksite via shaft as covered by Sec. 1926.800 (Underground
Construction) of this part.
* * * * *
[FR Doc. 2020-00207 Filed 2-14-20; 8:45 am]
BILLING CODE 4510-26-P
