29_CFR_1915_Occupational_Safety_and_Health_Admin.,_Labor.pdf

Occupational Safety and Health Admin., Labor Pt. 1915

(2) Except as provided in paragraph (m)(3) of this section, the Assistant Secretary shall not approve a request for an inter-agency transfer of person-ally identifiable employee medical in-formation, which has not been con-sented to by the affected employees, unless the request is by a public health agency which:

(i) Needs the requested information in a personally identifiable form for a substantial public health purpose,

(ii) Will not use the requested infor-mation to make individual determina-tions concerning affected employees which could be to their detriment,

(iii) Has regulations or established written procedures providing protec-tion for personally identifiable medical information substantially equivalent to that of this section, and

(iv) Satisfies an exemption to the Privacy Act to the extent that the Pri-vacy Act applies to the requested infor-mation (See, 5 U.S.C. 552a(b); 29 CFR 70a.3).

(3) Upon the approval of the Assist-ant Secretary, personally identifiable employee medical information may be transferred to:

(i) The National Institute for Occupa-tional Safety and Health (NIOSH) and

(ii) The Department of Justice when necessary with respect to a specific ac-tion under the Occupational Safety and Health Act.

(4) The Assistant Secretary shall not approve a request for public disclosure of employee medical information con-taining direct personal identifiers un-less there are compelling cir-cumstances affecting the health or safety of an individual.

(5) The Assistant Secretary shall not approve a request for public disclosure of employee medical information which contains information which could rea-sonably be used indirectly to identify specific employees when the disclosure would constitute a clearly unwarranted invasion of personal privacy (See, 5 U.S.C. 552(b)(6); 29 CFR 70.26).

(6) Except as to inter-agency trans-fers to NIOSH or the Department of Justice, the OSHA Medical Records Of-ficer shall assure that advance notice is provided to any collective bar-gaining agent representing affected employees and to the employer on each occasion that OSHA intends to either transfer personally identifiable em-ployee medical information to another agency or disclose it to a member of the public other than to an affected employee. When feasible, the OSHA Medical Records Officer shall take rea-sonable steps to assure that advance notice is provided to affected employ-ees when the employee medical infor-mation to be transferred or disclosed contains direct personal identifiers.

[45 FR 35294, May 23, 1980; 45 FR 54334, Aug.

15, 1980, as amended at 71 FR 16674, Apr. 3, 2006]

PART 1915—OCCUPATIONAL SAFE-

TY AND HEALTH STANDARDS FOR

SHIPYARD EMPLOYMENT

Subpart A—General Provisions

Sec.

1915.1 Purpose and authority.

1915.2 Scope and application.

1915.3 Responsibility.

1915.4 Definitions.

1915.5 Incorporation by reference.

1915.6 Commercial diving operations.

1915.7 Competent person.

1915.8 OMB control numbers under the Pa-

perwork Reduction Act.

Subpart B—Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment

1915.11 Scope, application, and definitions

applicable to this subpart.

1915.12 Precautions and the order of testing

before entering confined and enclosed spaces and other dangerous atmospheres.

1915.13 Cleaning and other cold work.

1915.14 Hot work.

1915.15 Maintenance of safe conditions.

1915.16 Warning signs and labels.

APPENDIX A TO SUBPART B—COMPLIANCE AS-

SISTANCE GUIDELINES FOR CONFINED AND

ENCLOSED SPACES AND OTHER DANGEROUS

ATMOSPHERES

APPENDIX B TO SUBPART B—REPRINT OF U.S.

COAST GUARD REGULATIONS REFERENCED

IN SUBPART B, FOR DETERMINATION OF

COAST GUARD AUTHORIZED PERSONS

Subpart C—Surface Preparation and Preservation

1915.31 Scope and application of subpart.

1915.32 Toxic cleaning solvents.

1915.33 Chemical paint and preservative re-

movers.

1915.34 Mechanical paint removers.

1915.35 Painting.

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29 CFR Ch. XVII (7–1–07 Edition) Pt. 1915

1915.36 Flammable liquids.

Subpart D—Welding, Cutting and Heating

1915.51 Ventilation and protection in weld-

ing, cutting and heating.

1915.53 Welding, cutting and heating in way

of preservative coatings.

1915.54 Welding, cutting and heating of hol-

low metal containers and structures not covered by § 1915.12.

1915.55 Gas welding and cutting.

1915.56 Arc welding and cutting.

1915.57 Uses of fissionable material in ship

repairing and shipbuilding.

Subpart E—Scaffolds, Ladders and Other Working Surfaces

1915.71 Scaffolds or staging.

1915.72 Ladders.

1915.73 Guarding of deck openings and

edges.

1915.74 Access to vessels.

1915.75 Access to and guarding of dry docks

and marine railways.

1915.76 Access to cargo spaces and confined

spaces.

1915.77 Working surfaces.

Subpart F—General Working Conditions

1915.91 Housekeeping.

1915.92 Illumination.

1915.93 Utilities.

1915.94 Work in confined or isolated spaces.

1915.95 Ship repairing and shipbuilding

work on or in the vicinity of radar and radio.

1915.96 Work in or on lifeboats.

1915.97 Health and sanitation.

1915.98 First aid.

1915.100 Retention of DOT markings, plac-

ards and labels.

Subpart G—Gear and Equipment for Rigging and Materials Handling

1915.111 Inspection.

1915.112 Ropes, chains and slings.

1915.113 Shackles and hooks.

1915.114 Chain falls and pull-lifts.

1915.115 Hoisting and hauling equipment.

1915.116 Use of gear.

1915.117 Qualifications of operators.

1915.118 Tables.

1915.120 Powered industrial truck operator

training.

Subpart H—Tools and Related Equipment

1915.131 General precautions.

1915.132 Portable electric tools.

1915.133 Hand tools.

1915.134 Abrasive wheels.

1915.135 Powder actuated fastening tools.

1915.136 Internal combustion engines, other

than ship’s equipment.

Subpart I—Personal Protective Equipment

(PPE)

1915.151 Scope, application and definitions.

1915.152 General requirements.

1915.153 Eye and face protection.

1915.154 Respiratory protection.

1915.155 Head protection.

1915.156 Foot protection.

1915.157 Hand and body protection.

1915.158 Lifesaving equipment.

1915.159 Personal fall arrest systems

(PFAS).

1915.160 Positioning device systems.

APPENDIX A TO SUBPART I—NON-MANDATORY

GUIDELINES FOR HAZARD ASSESSMENT,

PERSONAL PROTECTIVE EQUIPMENT (PPE)

SELECTION, AND PPE TRAINING PROGRAM

APPENDIX B TO SUBPART I—GENERAL TESTING

CONDITIONS AND ADDITIONAL GUIDELINES

FOR PERSONAL FALL PROTECTION SYSTEMS

(NON-MANDATORY)

Subpart J—Ship’s Machinery and Piping Systems

1915.161 Scope and application of subpart.

1915.162 Ship’s boilers.

1915.163 Ship’s piping systems.

1915.164 Ship’s propulsion machinery.

1915.165 Ship’s deck machinery.

Subpart K—Portable, Unfired Pressure Ves-sels, Drums and Containers, Other Than Ship’s Equipment

1915.171 Scope and application of subpart.

1915.172 Portable air receivers and other

unfired pressure vessels.

1915.173 Drums and containers.

Subpart L—Electrical Machinery

1915.181 Electrical circuits and distribution

boards.

Subparts M–O [Reserved]

Subpart P—Fire Protection in Shipyard Employment

1915.501 General provisions.

1915.502 Fire safety plan.

1915.503 Precautions for hot work.

1915.504 Fire watches.

1915.505 Fire response.

1915.506 Hazards of fixed extinguishing sys-

tems on board vessels and vessel sec-tions.

1915.507 Land-side fire protection systems.

1915.508 Training.

1915.509 Definitions applicable to this sub-

part.

APPENDIX A TO SUBPART P OF PART 1915—

MODEL FIRE SAFETY PLAN (NON-MANDA-

TORY)

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Occupational Safety and Health Admin., Labor § 1915.3

Subparts Q–Y [Reserved]

Subpart Z—Toxic and Hazardous Substances

1915.1000 Air contaminants.

1915.1001 Asbestos.

1915.1002 Coal tar pitch volatiles; interpre-

tation of term.

1915.1003 13 carcinogens (4–Nitrobiphenyl, etc.).

1915.1004 alpha-Naphthylamine.

1915.1005 [Reserved]

1915.1006 Methyl chloromethyl ether.

1915.1007 3,3′-Dichlorobenzidiene (and its salts).

1915.1008 bis-Chloromethyl ether.

1915.1009 beta-Naphthylamine.

1915.1010 Benzidine.

1915.1011 4-Aminodiphenyl.

1915.1012 Ethyleneimine.

1915.1013 beta-Propiolactone.

1915.1014 2-Acetylaminofluorene.

1915.1015 4-Dimethylaminoazobenzene.

1915.1016 N-Nitrosodimethylamine.

1915.1017 Vinyl chloride.

1915.1018 Inorganic arsenic.

1915.1020 Access to employee exposure and

medical records.

1915.1025 Lead.

1915.1026 Chromium (VI).

1915.1027 Cadmium.

1915.1028 Benzene.

1915.1030 Bloodborne pathogens.

1915.1044 1,2-dibromo-3-chloropropane.

1915.1045 Acrylonitrile.

1915.1047 Ethylene oxide.

1915.1048 Formaldehyde.

1915.1050 Methylenedianiline.

1915.1052 Methylene chloride.

1915.1200 Hazard communication.

1915.1450 Occupational exposure to haz-

ardous chemicals in laboratories.

AUTHORITY: Section 41, Longshore and Har-bor Workers’ Compensation Act (33 U.S.C.

941); Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (20 U.S.C. 653, 655, and 687); and 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 (62 FR 50017), or 5–2002 (67 FR 65008) as applicable.

Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 CFR part 1911.

SOURCE: 47 FR 16986, Apr. 20, 1982, unless otherwise noted.

Subpart A—General Provisions

§ 1915.1 Purpose and authority.

The provisions in this part constitute safety and health regulations issued by the Secretary pursuant to section 41 of the Longshoremen’s and Harbor Work-ers’ Compensation Act, as amended (33 U.S.C. 941) and occupational safety and health standards issued by the Sec-retary pursuant to section 6 of the Oc-cupational Safety and Health Act of 1970 (29 U.S.C. 655).

§ 1915.2 Scope and application.

(a) Except where otherwise provided, the provisions of this part shall apply to all ship repairing, shipbuilding and shipbreaking employments and related employments.

(b) This part does not apply to mat-ters under the control of the United States Coast Guard within the scope of Title 52 of the Revised Statutes and acts supplementary or amendatory thereto (46 U.S.C. secs. 1–1388 passim) including, but not restricted to, the master, ship’s officer, crew members, design, construction and maintenance of the vessel, its gear and equipment;

to matters within the regulatory au-thority of the United States Coast Guard to safeguard vessels, harbors, ports and waterfront facilities under the provisions of the Espionage Act of June 17, 1917, as amended (50 U.S.C. 191 et seq.; 22 U.S.C. 401 et seq.); including the provisions of Executive Order 10173, as amended by Executive Orders 10277 and 10352 (3 CFR, 1949–1953 Comp., pp.

356, 778 and 873); or to matters within the regulatory authority of the United States Coast Guard with respect to lights, warning devices, safety equip-ment and other matters relating to the promotion of safety of lives and prop-erty under section 4(e) of the Outer Continental Shelf Lands Act (43 U.S.C.

1333).

§ 1915.3 Responsibility.

(a) The responsibility for compliance with the regulations of this part is placed upon ‘‘employers’’ as defined in § 1915.4.

(b) This part does not apply to own-ers, operators, agents or masters of vessels unless such persons are acting as ‘‘employers.’’ However, this part is not intended to relieve owners, opera-tors, agents or masters of vessels who are not ‘‘employers’’ from responsibil-ities or duties now placed upon them by law, regulation or custom.

(c) The responsibilities placed upon the competent person herein shall be

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29 CFR Ch. XVII (7–1–07 Edition) § 1915.4 deemed to be the responsibilities of the employer.

§ 1915.4 Definitions.

(a) The term SHALL indicates provi-sions which are mandatory.

(b) The term Secretary means the Sec-retary of Labor.

(c) The term employer means an em-ployer, any of whose employees are em-ployed, in whole or in part, in ship re-pairing, shipbuilding, shipbreaking or related employments as defined in this section on the navigable waters of the United States, including dry docks, graving docks and marine railways.

(d) The term employee means any per-son engaged in ship repairing, ship-building, shipbreaking or related em-ployments on the navigable waters of the United States, including dry docks, graving docks and marine railways, other than the master, ship’s officers, crew of the vessel, or any person en-gaged by the master to repair any ves-sel under 18 net tons.

(e) The term gangway means any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel including accommoda-tion ladders, gangplanks and brows.

(f) The term vessel includes every de-scription of watercraft or other artifi-cial contrivance used, or capable of being used, as a means of transpor-tation on water, including special pur-pose floating structures not primarily designed for or used as a means of transportation on water.

(g) For purposes of § 1915.74, the term barge means an unpowered, flat bot-tom, shallow draft vessel including scows, carfloats and lighters. For pur-poses of this section, the term does not include ship shaped or deep draft barges.

(h) For purposes of § 1915.74, the term river tow boat means a shallow draft, low free board, self-propelled vessel de-signed to tow river barges by pushing ahead. For purposes of this section, the term does not include other towing vessels.

(i) The term shipyard employment means ship repairing, shipbuilding, shipbreaking and related employments.

(j) The terms ship repair and ship re-pairing mean any repair of a vessel in-cluding, but not restricted to, alter-ations, conversions, installations, cleaning, painting, and maintenance work.

(k) The term shipbuilding means the construction of a vessel including the installation of machinery and equip-ment.

(l) The term shipbreaking means any breaking down of a vessel’s structure for the purpose of scrapping the vessel, including the removal of gear, equip-ment or any component part of a ves-sel.

(m) The term related employment means any employment performed as an incident to or in conjunction with ship repairing, shipbuilding or shipbreaking work, including, but not restricted to, inspection, testing, and employment as a watchman.

(n) The term hazardous substance means a substance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritant, or other-wise harmful is likely to cause injury.

(o) The term competent person for pur-poses of this part means a person who is capable of recognizing and evalu-ating employee exposure to hazardous substances or to other unsafe condi-tions and is capable of specifying the necessary protection and precautions to be taken to ensure the safety of em-ployees as required by the particular regulation under the condition to which it applies. For the purposes of subparts B, C, and D of this part, ex-cept for § 1915.35(b)(8) and § 1915.36(a)(5), to which the above definition applies, the competent person must also meet the additional requirements of § 1915.7.

(p) The term confined space means a compartment of small size and limited access such as a double bottom tank, cofferdam, or other space which by its small size and confined nature can readily create or aggravate a hazardous exposure.

(q) The term enclosed space means any space, other than a confined space, which is enclosed by bulkheads and overhead. It includes cargo holds, tanks, quarters, and machinery and boiler spaces.

(r) The term hot work means riveting, welding, burning or other fire or spark producing operations.

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Occupational Safety and Health Admin., Labor § 1915.5 welding, burning or other fire or spark producing operations.

(t) The term portable unfired pressure vessel means any pressure container or vessel used aboard ship, other than the ship’s equipment, containing liquids or gases under pressure, excepting pres-sure vessels built to Department of Transportation regulations under 49 CFR part 178, subparts C and H.

(u) The term powder actuated fas-tening tool means a tool or machine which drives a stud, pin, or fastener by means of an explosive charge.

(v) For purposes of § 1915.97, the term hazardous material means a material which has one or more of the following characteristics:

(1) Has a flash point below 140 °F., closed cup, or is subject to spontaneous heating;

(2) Has a threshold limit value below 500 p.p.m. in the case of a gas or vapor, below 500 mg./m.3 for fumes, and below 25 m.p.p.c.f. in case of a dust;

(3) Has a single dose oral LD50 below 500 mg./kg.;

(4) Is subject to polymerization with the release of large amounts of energy;

(5) Is a strong oxidizing or reducing agent;

(6) Causes first degree burns to skin in short time exposure, or is system-ically toxic by skin contact; or

(7) In the course of normal oper-ations, may produce dusts, gases, fumes, vapors, mists, or smokes which have one or more of the above charac-teristics.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]

§ 1915.5 Incorporation by reference.

(a) Specifications, standards, and codes of agencies of the U.S. Govern-ment, to the extent specified in the text, form a part of the regulations of this part. In addition, under the au-thority vested in the Secretary under the Act, the specifications, standards, and codes of organizations which are not agencies of the U.S. Government, in effect on the date of the promulga-tion of the regulations of this part as listed below, to the extent specified in the text, form a part of the regulations of this part.

(b) The materials listed in paragraph

(d) of this section are incorporated by reference in the corresponding sections noted as they exist on the date of the approval, and a notice of any change in these materials will be published in the FEDERAL REGISTER. These incorporations by reference were ap-proved by the Director of the Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51.

(c) Copies of the following standards that are issued by the respective pri-vate standards organizations may be obtained from the issuing organiza-tions. The materials are available for purchase at the corresponding address-es of the private standards organiza-tions noted below. In addition, all are available for inspection through the OSHA Docket Office, room N2625, U.S.

Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210, or any of its regional offices or at the Na-tional Archives and Records Adminis-tration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html.

(d)(1) The following material is avail-able for purchase from the American National Standards Institute, 11 West 42nd Street, New York, NY 10036.

(i) ANSI A14.1–1975 Safety Require-ments for Portable Wood Ladders, IBR approved for § 1915.72(a)(6).

(ii) ANSI A14.2–1972 Safety Require-ments for Portable Metal Ladders, IBR approved for § 1915.72(a)(4).

(iii) ANSI B7.1–1964 Safety Code for the Use, Care, and Protection of Abra-sive Wheels, IBR approval for § 1915.134(c)

(iv) ANSI Z87.1–1989 Practice for Oc-cupational and Educational Eye and Face Protection, IBR approved for § 1915.153(b)(1).

(v) ANSI Z87.1–1979 Practice for Occu-pational and Educational Eye and Face Protection, IBR approved for § 1915.153(b)(2).

(vi) ANSI Z89.1–1986 Personnel Pro-tection—Protective Headgear for In-dustrial Workers Requirements, IBR approved for § 1915.155(b)(1)

(vii) ANSI Z89.1–1969 Safety Require-ment for Industrial Head Protection, IBR approved for § 1915.155(b)(2).

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29 CFR Ch. XVII (7–1–07 Edition) § 1915.6

(viii) ANSI Z41–1991 Personal Protec-tion—Protective Footwear, IBR ap-proved for § 1915.156(b)(1)

(ix) ANSI Z41–1983 Personal Protec-tion—Protective Footwear, IBR ap-proved for § 1915.156(b)(2).

(2) The following material is avail-able for purchase from the American Society of Mechanical Engineers, 345 East 47th Street, New York, New York 10017:

(i) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construc-tion of Unfired Pressure Vessels, 1963, IBR approved for § 1915.172(a).

(3) The following material is avail-able for purchase from the American Conference of Governmental Industrial Hygienists (ACGIH), 1014 Broadway, Cincinnati, OH 45202:

(i) Threshold limit values, 1970, IBR approved for §§ 1915.12(b) and 1915.1000, table Z.

(4) The following material is avail-able for purchase from the National Fire Protection Association, 1 Batterymarch Park, PO Box 9101, Quin-cy, MA 02269–9101:

(i) NFPA 1981–2002 Standard on Open- Circuit Self-Contained Breathing Appa-ratus for Fire and Emergency Services, IBR approved for 1915.505(e)(3)(v).

(ii) NFPA 1971–2000, Standard on Pro-tective Ensemble for Structural Fire Fighting, IBR approved for § 1915.505(e)(4)(ii).

(iii) NFPA 1976–2000, Standard on Protective Ensemble for Proximity Fire Fighting, IBR approved for § 1915.505(e)(5).

(iv) NFPA 1982–1998, Standard on Per-sonal Alert Safety Systems (PASS), IBR approved for § 1915.505(e)(6)(ii).

(v) NFPA 1983–2001, Standard on Fire Service Life Safety Rope and System Components, IBR approved for § 1915.505(e)(7)(i).

(vi) NFPA 10–2002 Standard for Port-able Fire Extinguishers, IBR approved for §§ 1915.507(b)(1) and (b)(2).

(vii) NFPA 14–2003 Standard for the Installation of Standpipe and Hose Sys-tems, IBR approved for §§ 1915.507(b)(2) and (d)(1).

(viii) NFPA 72–2002 National Fire Alarm Code, IBR approved for § 1915.507(c)(6).

(ix) NFPA 13–2002 Standard for the Installation of Sprinkler Systems, IBR approved for § 1915.507(d)(2).

(x) NFPA 750–2003 Standard on Water Mist Fire Protection Systems, IBR ap-proved for § 1915.507(d)(2).

(xi) NFPA 25–2002, Inspection, Test-ing, and Maintenance of Water-Based Fire Protection Systems, IBR approved for § 1915.507(d)(2).

(xii) NFPA 15–2001, Standard for Water Spray Fixed Systems for Fire Protection, IBR approved for § 1915.507(d)(3).

(xiii) NFPA 11–2005 Standard for Low- , Medium-, and High-Expansion Foam, IBR approved for § 1915.507(d)(3).

(xiv) NFPA 17–2002, Standard for Dry Chemical Extinguishing Systems, IBR approved for § 1915.507(d)(4).

(xv) NFPA 12–2005, Standard on Car-bon Dioxide Extinguishing Systems, IBR approved for § 1915.507(d)(5).

(xvi) NFPA 12A–2004, Standard on Halon 1301 Fire Extinguishing Systems, IBR approved for § 1915.507(d)(5).

(xvii) NFPA 2001–2004, Standard on Clean Agent Fire Extinguishing Sys-tems, IBR approved for § 1915.507(d)(5).

(xviii) NFPA 1403–2002, Standard on Live Fire Training Evolutions, IBR ap-proved for § 1915.508(d)(8).

[61 FR 26359, May 24, 1996, as amended at 67 FR 44541, July 3, 2002; 69 FR 18803, Apr. 9, 2004; 69 FR 55702, Sept. 15, 2004; 71 FR 60846, Oct. 17, 2006]

§ 1915.6 Commerical diving operations.

Commerical diving operations shall be subject to subpart T of part 1910, §§ 1910.401–1910.441 of this chapter.

§ 1915.7 Competent person.

(a) Application. This section applies to shipyard employment.

(b) Designation. (1) One or more com-petent persons shall be designated by the employer in accordance with the applicable requirements of this section, unless the requirements of subparts B, C, D and H of this part are always car-ried out by a Marine Chemist. Excep-tion: The employer may designate any person who meets the applicable por-tions of the criteria set forth in para-graph (c) of this section as a competent person who is limited to performing testing to the following situations:

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Occupational Safety and Health Admin., Labor § 1915.8

(i) Repair work on small craft in boat yards where only combustible gas indi-cator tests are required for fuel tank leaks or when using flammable paints below decks;

(ii) Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required;

(iii) The breaking of vessels where there is no fuel oil or other flammable hazard; and

(iv) Tests and inspections performed to comply with §§ 1915.35(b)(8) and 1915.36(a)(5).

(2)(i) The employer shall maintain ei-ther a roster of designated competent persons or a statement that a Marine Chemist will perform the tests or in-spections which require a competent person.

(ii) The employer shall make the ros-ter of designated persons or the state-ment available to employees, the em-ployee’s representative, the Director or the Assistant Secretary upon request.

(iii) The roster shall contain, as a minimum, the following:

(A) The employers’ name,

(B) The designated competent per-son’s name(s), and

(C) The date the employee was trained as a competent person.

(c) Criteria. The employer shall en-sure that each designated competent person has the following skills and knowledge:

(1) Ability to understand and carry out written or oral information or in-structions left by Marine Chemist, Coast Guard authorized persons and Certified Industrial Hygienists;

(2) Knowledge of subparts B, C, D and H of this part;

(3) Knowledge of the structure, loca-tion, and designation of spaces where work is done;

(4) Ability to calibrate and use test-ing equipment including but not lim-ited to, oxygen indicators, combustible gas indicators, carbon monoxide indi-cators, and carbon dioxide indicators, and to interpret accurately the test re-sults of that equipment;

(5) Ability to perform all required tests and inspections which are or may be performed by a competent person as set forth in subparts B, C, D and H of this part.

(6) Ability to inspect, test, and evalu-ate spaces to determine the need for further testing by a Marine Chemist or a Certified Industrial Hygienist; and

(7) Ability to maintain records re-quired by this section.

(d) Recordkeeping. (1) When tests and inspections are performed by a com-petent person, Marine Chemist, or Cer-tified Industrial Hygienist as required by any provisions of subparts B, C, D, or H of this part, the employer shall ensure that the person performing the test and inspection records the loca-tion, time, date, location of inspected spaces, and the operations performed, as well as the test results and any in-structions.

(2) The employer shall ensure that the records are posted in the imme-diate vicinity of the affected oper-ations while work in the spaces is in progress. The records shall be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.

(3) The employer shall ensure that the records are available for inspection by the Assistant Secretary, Director, and employees and their representa-tives.

[59 FR 37856, July 25, 1994]

§ 1915.8 OMB control numbers under the Paperwork Reduction Act.

The following sections or paragraphs contain a collection of information re-quirement which has been approved by the Office of Management and Budget under the control number listed.

29 CFR citation OMB con-trol No.

1915.11–1915.16 ................................................. 1218–0011

1915.113 .............................................................. 1218–0220 1915.152(b) ......................................................... 1218–0215 1915.152(e) ......................................................... 1218–0215 1915.159(d) ......................................................... 1218–0215 1915.160(d) ......................................................... 1218–0215

1915.172 .............................................................. 1218–0220 1915.501(d) ......................................................... 1218–0248 1915.502(a) ......................................................... 1218–0248 1915.502(b) ......................................................... 1218–0248 1915.502(c) .......................................................... 1218–0248 1915.502(d) ......................................................... 1218–0248 1915.504(a) ......................................................... 1218–0248 1915.505(a) ......................................................... 1218–0248 1915.505(b) ......................................................... 1218–0248 1915.505(d) ......................................................... 1218–0248 1915.506(b) ......................................................... 1218–0248 1915.507(c) .......................................................... 1218–0248 1915.508(a) ......................................................... 1218–0248

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29 CFR Ch. XVII (7–1–07 Edition) § 1915.11

29 CFR citation OMB con-trol No.

1915.508(b) ......................................................... 1218–0248 1915.508(c) .......................................................... 1218–0248 1915.508(d) ......................................................... 1218–0248 1915.508(e) ......................................................... 1218–0248 1915.508(f) .......................................................... 1218–0248

1915.1001 ............................................................ 1218–0195

1915.1003 ............................................................ 1218–0085

1915.1004 ............................................................ 1218–0084

1915.1006 ............................................................ 1218–0086

1915.1007 ............................................................ 1218–0083

1915.1008 ............................................................ 1218–0087

1915.1009 ............................................................ 1218–0089

1915.1010 ............................................................ 1218–0082

1915.1011 ............................................................ 1218–0090

1915.1012 ............................................................ 1218–0080

1915.1013 ............................................................ 1218–0079

1915.1014 ............................................................ 1218–0088

1915.1015 ............................................................ 1218–0044

1915.1016 ............................................................ 1218–0081

1915.1017 ............................................................ 1218–0010

1915.1018 ............................................................ 1218–0104

1915.1025 ............................................................ 1218–0092

1915.1026 ............................................................ 1218–0252

1915.1027 ............................................................ 1218–0185

1915.1028 ............................................................ 1218–0129

1915.1030 ............................................................ 1218–0180

1915.1044 ............................................................ 1218–0101

1915.1045 ............................................................ 1218–0126

1915.1047 ............................................................ 1218–0108

1915.1048 ............................................................ 1218–0145

1915.1050 ............................................................ 1218–0184

1915.1120 ............................................................ 1218–0065

1915.1200 ............................................................ 1218–0072

1915.1450 ............................................................ 1218–0131

[61 FR 5509, Feb. 13, 1996, as amended at 62 FR 33547, June 20, 1997; 63 FR 13340, Mar. 19, 1998; 70 FR 13371, Mar. 21, 2005; 71 FR 38086, July 5, 2006]

Subpart B—Confined and En-closed Spaces and Other Dangerous Atmospheres in Shipyard Employment

SOURCE: 59 FR 37857, July 25, 1994, unless otherwise noted.

§ 1915.11 Scope, application and defi-nitions applicable to this subpart.

(a) Scope and application. This sub-part applies to work in confined and enclosed spaces and other dangerous atmospheres in shipyard employment, including vessels, vessel sections, and on land-side operations regardless of geographic location.

(b) Definitions applicable to this sub-part. Adjacent spaces means those spaces bordering a subject space in all directions, including all points of con-tact, corners, diagonals, decks, tank tops, and bulkheads.

Assistant Secretary means the Assist-ant Secretary of Labor for Occupa-tional Safety and Health, or designated representative.

Certified Industrial Hygienist (CIH) means an industrial hygienist who is certified by the American Board of In-dustrial Hygiene.

Coast Guard authorized person means an individual who meets the require-ment of appendix B to subpart B of this part 1915 for tank vessels, for passenger vessels, and for cargo and miscella-neous vessels.

Dangerous atmosphere means an at-mosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space), injury, or acute ill-ness.

Director means the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or des-ignated representative.

Enter with Restrictions denotes a space where entry for work is permitted only if engineering controls, personal pro-tective equipment, clothing, and time limitations are as specified by the Ma-rine Chemist, Certified Industrial Hy-gienist, or the shipyard competent per-son.

Entry means the action by which a person passes through an opening into a space. Entry includes ensuing work activities in that space and is consid-ered to have occurred as soon as any part of the entrant’s body breaks the plane of an opening into the space.

Hot work means any activity involv-ing riveting, welding, burning, the use of powder-actuated tools or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark-producing operations are also considered hot work except when such operations are isolated physically from any atmosphere containing more than 10 percent of the lower explosive limit of a flammable or combustible sub-stance.

Immediately dangerous to life or health (IDLH) means an atmosphere that poses an immediate threat to life or that is likely to result in acute or im-mediate severe health effects.

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Occupational Safety and Health Admin., Labor § 1915.11

Inert or inerted atmosphere means an atmospheric condition where:

(1) The oxygen content of the atmos-phere in the space is maintained at a level equal to or less than 8.0 percent by volume or at a level at or below 50 percent of the amount required to sup-port combustion, whichever is less; or

(2) The space is flooded with water and the vapor concentration of flam-mable or combustible materials in the free space atmosphere above the water line is less than 10 percent of the lower explosive limit for the flammable or combustible material.

Labeled means identified with a sign, placard, or other form of written com-munication, including pictograms, that provides information on the status or condition of the work space to which it is attached.

Lower explosive limit (LEL) means the minimum concentration of vapor in air below which propagation of a flame does not occur in the presence of an ig-nition source.

Marine Chemist means an individual who possesses a current Marine Chem-ist Certificate issued by the National Fire Protection Association.

Not Safe for Hot Work denotes a space where hot work may not be performed because the conditions do not meet the criteria for Safe for Hot Work.

Nationally Recognized Testing Labora-tory (NRTL) means an organization recognized by OSHA, in accordance with appendix A of 29 CFR 1910.7, which tests for safety and lists or labels or accepts equipment and materials that meet all the criteria found in § 1910.7(b)(1) through (b)(4)(ii).

Not Safe for Workers denotes a space where an employee may not enter be-cause the conditions do not meet the criteria for Safe for Workers.

Oxygen-deficient atmosphere means an atmosphere having an oxygen con-centration of less than 19.5 percent by volume.

Oxygen-enriched atmosphere means an atmosphere that contains 22.0 per-cent or more oxygen by volume.

Safe for Hot Work denotes a space that meets all of the following criteria:

(1) The oxygen content of the atmos-phere does not exceed 22.0 percent by volume;

(2) The concentration of flammable vapors in the atmosphere is less than 10 percent of the lower explosive limit;

(3) The residues or materials in the space are not capable of producing a higher concentration than permitted in paragraph (1) or (2) of the above, under existing atmospheric conditions in the presence of hot work and while main-tained as directed by the Marine Chem-ist or competent person, and

(4) All adjacent spaces have been cleaned, or inerted, or treated suffi-ciently to prevent the spread of fire.

Safe for Workers denotes a space that meets the following criteria:

(1) The oxygen content of the atmos-phere is at least 19.5 percent and below 22 percent by volume;

(2) The concentration of flammable vapors is below 10 percent of the lower explosive limit (LEL);

(3) Any toxic materials in the atmos-phere associated with cargo, fuel, tank coatings, or inerting media are within permissible concentrations at the time of the inspection; and

(4) Any residues or materials associ-ated with the work authorized by the Marine Chemist, Certified Industrial Hygienist, or competent person will not produce uncontrolled release of toxic materials under existing atmos-pheric conditions while maintained as directed.

Space means an area on a vessel or vessel section or within a shipyard such as, but not limited to: cargo tanks or holds; pump or engine rooms; stor-age lockers; tanks containing flam-mable or combustible liquids, gases, or solids; rooms within buildings; crawl spaces; tunnels; or accessways. The at-mosphere within a space is the entire area within its bounds.

Upper explosive limit (UEL) means the maximum concentration of flammable vapor in air above which propagation of flame does not occur on contact with a source of ignition.

Vessel section means a sub-assembly, module, or other component of a vessel being built, repaired, or broken.

Visual inspection means the physical survey of the space, its surroundings and contents to identify hazards such as, but not limited to, restricted acces-sibility, residues, unguarded machin-ery, and piping or electrical systems.

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29 CFR Ch. XVII (7–1–07 Edition) § 1915.12

§ 1915.12 Precautions and the order of testing before entering confined and enclosed spaces and other dan-gerous atmospheres.

The employer shall ensure that atmosphereic testing is performed in the following sequence: oxygen con-tent, flammability, toxicity.

(a) Oxygen content. (1) The employer shall ensure that the following spaces are visually inspected and tested by a competent person to determine the atmosphere’s oxygen content prior to initial entry into the space by an em-ployee:

(i) Spaces that have been sealed, such as, but not limited to, spaces that have been coated and closed up, and non-ventilated spaces that have been fresh-ly painted;

(ii) Spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases;

(iii) Spaces and adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corro-sive, or irritant;

(iv) Spaces and adjacent spaces that have been fumigated; and

(v) Spaces containing materials or residues of materials that create an ox-ygen-deficient atmosphere.

(2) If the space to be entered contains an oxygen deficient atmosphere, the space shall be labeled ‘‘Not Safe for Workers’’ or, if oxygen-enriched, ‘‘Not Safe for Workers—Not Safe for Hot Work.’’ If an oxygen-deficient or oxy-gen-enriched atmosphere is found, ven-tilation shall be provided at volumes and flow rates sufficient to ensure that the oxygen content is maintained at or above 19.5 percent and below 22.0 per-cent by volume. The warning label may be removed when the oxygen content is equal to or greater than 19.5 and less than 22.0 percent by volume.

(3) An employee may not enter a space where the oxygen content, by volume, is below 19.5 percent or above

22.0 percent. Exception: An employee may enter for emergency rescue or for a short duration for installation of ven-tilation equipment necessary to start work in the space provided:

(i) The atmosphere in the space is monitored for oxygen content, by vol-ume, continuously; and

(ii) Respiratory protection and other appropriate personal protective equip-ment and clothing are provided in ac-cordance with subpart I of this part.

NOTE TO PARAGRAPH (a): Other provisions for work in IDLH atmospheres are located in subpart I of this part.

(b) Flammable atmospheres. (1) The employer shall ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases are:

(i) Inspected visually by the com-petent person to determine the pres-ence of combustible or flammable liq-uids; and

(ii) Tested by a competent person prior to entry by an employee to deter-mine the concentration of flammable vapors and gases within the space.

(2) If the concentration of flammable vapors or gases in the space to be en-tered is equal to or greater than 10 per-cent of the lower explosive limit, the space shall be labeled ‘‘Not Safe for Workers’’ and ‘‘Not Safe for Hot Work.’’ Ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flam-mable vapors is maintained below 10 percent of the lower explosive limit.

The warning labels may be removed when the concentration of flammable vapors is below 10 percent of the lower explosive limit.

(3) An employee may not enter a space where the concentration of flam-mable vapors or gases is equal to or greater than 10 percent of the lower ex-plosive limit. Exception: An employee may enter for emergency rescue or for a short duration for installation of ven-tilation equipment necessary to start work in the space, provided:

(i) No ignition sources are present;

(ii) The atmosphere in the space is monitored continuously;

(iii) Atmospheres at or above the upper explosive limit are maintained;

and

(iv) Respiratory protection and other appropriate personal protective equip-ment and clothing are provided in ac-cordance with subpart I of this part.

NOTE 1 TO PARAGRAPH (b): Additional provi-sions for work in IDLH atmospheres are lo-cated in subpart I of this part.

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Occupational Safety and Health Admin., Labor § 1915.12

NOTE 2 TO PARAGRAPH (b): Additional provi-sions for work in spaces containing a flam-mable substance which also has a permis-sible exposure limit, are located in subpart Z of 29 CFR part 1915, and § 1915.12(c).

(c) Toxic, corrosive, irritant or fumi-gated atmospheres and residues. (1) The employer shall ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive or irritant are:

(i) Inspected visually by the com-petent person to determine the pres-ence of toxic, corrosive, or irritant res-idue contaminants; and

(ii) Tested by a competent person prior to initial entry by an employee to determine the air concentration of toxics, corrosives, or irritants within the space.

(2) If a space contains an air con-centration of a material which exceeds a part 1915 subpart Z permissible expo-sure limit (PEL) or is IDLH, the space shall be labeled ‘‘Not Safe for Work-ers.’’ Ventilation shall be provided at volumes and flow rates which will en-sure that air concentrations are main-tained within the PEL or, in the case of contaminants for which there is no established PEL, below the IDLH. The warning label may be removed when the concentration of contaminants is maintained within the PEL or below IDLH level.

(3) If a space cannot be ventilated to within the PELs or is IDLH, a Marine Chemist or CIH must re-test until the space can be certified ‘‘Enter with Re-strictions’’ or ‘‘Safe for Workers.’’

(4) An employee may not enter a space whose atmosphere exceeds a PEL or is IDLH. Exception: An employee may enter for emergency rescue, or for a short duration for installation of ven-tilation equipment provided:

(i) The atmosphere in the space is monitored continuously;

(ii) Respiratory protection and other necessary and appropriate personal protective equipment and clothing are provided in accordance with subpart I of this part.

NOTE TO PARAGRAPH (c): Other provisions for work in IDLH atmospheres are located in subpart I of this part.

(d) Training of employees entering con-fined and enclosed spaces or other dan-gerous atmospheres. (1) The employer shall ensure that each employee that enters a confined or enclosed space and other areas with dangerous atmospheres is trained to perform all required duties safely.

(2) The employer shall ensure that each employee who enters a confined space, enclosed space, or other areas with dangerous atmospheres is trained to:

(i) Recognize the characteristics of the confined space;

(ii) Anticipate and be aware of the hazards that may be faced during entry;

(iii) Recognize the adverse health ef-fects that may be caused by the expo-sure to a hazard;

(iv) Understand the physical signs and reactions related to exposures to such hazards;

(v) Know what personal protective equipment is needed for safe entry into and exit from the space;

(vi) Use personal protective equip-ment; and

(vii) Where necessary, be aware of the presence and proper use of barriers that may be needed to protect an en-trant from hazards.

(3) The employer shall ensure that each entrant into confined or enclosed spaces or other dangerous atmospheres is trained to exit the space or dan-gerous atmosphere whenever:

(i) The employer or his or her rep-resentative orders evacuation;

(ii) An evacuation signal such as an alarm is activated ; or

(iii) The entrant perceives that he or she is in danger.

(4) The employer shall provide each employee with training:

(i) Before the entrant begins work ad-dressed by this section; and

(ii) Whenever there is a change in op-erations or in an employee’s duties that presents a hazard about which the employee has not previously been trained.

(5) The employer shall certify that the training required by paragraphs (d)(1) through (d)(4) of this section has been accomplished.

(i) The certification shall contain the employee’s name, the name of the cer-tifier, and the date(s) of the certifi-cation.

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29 CFR Ch. XVII (7–1–07 Edition) § 1915.13

(ii) The certification shall be avail-able for inspection by the Assistant Secretary, the Director, employees, and their representatives.

(e) Rescue teams. The employer shall either establish a shipyard rescue team or arrange for an outside rescue team which will respond promptly to a re-quest for rescue service.

(1) Shipyard rescue teams shall meet the following criteria:

(i) Each employee assigned to the shipyard team shall be provided with and trained to use the personal protec-tive equipment he or she will need, in-cluding respirators and any rescue equipment necessary for making res-cues from confined and enclosed spaces and other dangerous atmospheres.

(ii) Each employee assigned to the shipyard rescue team shall be trained to perform his or her rescue functions including confined and enclosed and other dangerous atmosphere entry.

(iii) Shipyard rescue teams shall practice their skills at least once every 12 months. Practice drills shall include the use of mannequins and rescue equipment during simulated rescue op-erations involving physical facilities that approximate closely those facili-ties from which rescue may be needed.

NOTE TO PARAGRAPH (e)(1)(iii): If the team performs an actual rescue during the 12 month period, an additional practice drill for that type of rescue is not required.

(iv) At least one person on each res-cue team shall maintain current cer-tification in basic first aid which in-cludes maintenance of an airway, con-trol of bleeding, maintenance of cir-culation and cardiopulmonary resus-citation (CPR) skills.

(2) The employer shall inform outside rescue teams of the hazards that the team may encounter when called to perform confined and enclosed space or other dangerous atmosphere rescue at the employer’s facility so that the res-cue team can be trained and equipped.

NOTE TO PARAGRAPH (e): The criteria for in-house rescue, listed in paragraph (e)(1) can be used by the employer in evaluating out-side rescue services.

(f) Exchanging hazard information be-tween employers. Each employer whose employees work in confined and en-closed spaces or other dangerous atmospheres shall ensure that all available information on the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres is exchanged with any other employer whose employees may enter the same spaces.

[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]

§ 1915.13 Cleaning and other cold work.

(a) Locations covered by this section.

The employer shall ensure that manual cleaning and other cold work are not performed in the following spaces un-less the conditions of paragraph (b) of this section have been met:

(1) Spaces containing or having last contained bulk quantities of combus-tible or flammable liquids or gases; and

(2) Spaces containing or having last contained bulk quantities of liquids, gases or solids that are toxic, corrosive or irritating.

(b) Requirements for performing clean-ing or cold work.