Following are the three key forms for recording injuries and illnesses:

• OSHA Form 300, Log of Work-Related Injuries and Illnesses
• OSHA Form 300A, Summary of Work-Related Injuries and Illnesses
• OSHA Form 301, Injury and Illness Incident Report

Download the OSHA Form 300 and related pages.

These regulations detail the requirements for worker health and safety in organizations involved in the administration of mines in New Zealand.

These regulations detail the worker health and safety requirements for organizations involved in underground mining in New Zealand.

These regulations detail the worker health and safety requirements for organizations in New Zealand that install, lay, operate and maintain pipelines for the transportation and supply of petroleum and natural gas.

These regulations outline the safety and health requirements for employees that organizations involved in petroleum exploration and extraction have to comply with in New Zealand.

On October 13, 2011, OSHA announced the release of a new and revised Laboratory Safety Guidance document aimed at protecting lab workers from exposure to chemical, biological and physical hazards.

The Occupational Safety and Health (OSH) Act provides protection against retaliation based on an employee's exercising a variety of rights guaranteed under the Act, such as filing a safety and health complaint with OSHA, participating in an inspection, and so on.

This document contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. These scoping and technical requirements are to be applied during the design, construction, and alteration of buildings and facilities covered by titles II and III of the ADA to the extent required by regulations issued by Federal agencies, including the Department of Justice and the Department of Transportation, under the ADA.

To know more about: - Americans with Disabilities Act (ADA)

OSHA’s Safety Standards for Scaffolds Use in the Construction Industry rule aims to protect workers using scaffolding in construction work. Scaffolding hazards continue to rank high on the list of the most frequently cited standards in the construction industry. Scaffold-related fatalities account for a significant number of fatalities in the construction workplace.

OSHA standards for eye and face protection are essential requirements in workplaces where workers are in danger of suffering facial or optical injuries. These standards describe the kind of protective equipment employers must provide workers and the conditions under which they must be used.

The safety and health standards promulgated by the Secretary of Labor under section 107 of the Contract Work Hours and Safety Standards Act.

General safety and health provisions.

• Contractor requirements.

             (1) Section 107 of the Act requires  that it shall be a condition of each contract which is entered into  under legislation subject to Reorganization Plan Number 14 of 1950 (64 Stat. 1267), as defined in Sec.  1926.12, and is for construction, alteration, and/or repair, including painting and decorating, that no contractor or subcontractor for any part of the contract work shall require any laborer or mechanic employed in the performance of the  contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety.

• Accident prevention responsibilities.

             (1) It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.

             (2) Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.

             (3) The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this part is prohibited. Such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation.

             (4) The employer shall permit only those employees qualified by training or experience to operate equipment and machinery.

• 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, Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands  Act, Johnston Island, and the Canal Zone.

• If a particular standard is specifically applicable to a condition, practice, means, method, operation, or process, it shall prevail over any different general standard which might otherwise be applicable to the same condition, practice, means, method, operation, or process. On the other hand, any standard shall apply according to its terms to any employment and place of employment in any industry, even though particular standards are also prescribed for the industry to the extent that none of such particular standards applies.

• In the event a standard protects on its face a class of persons larger than employees, the standard shall be applicable under this part only to employees and their employment and places of employment.

• Compliance duties owed to each employee

             (1) Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation.

             (2)Training. Standards in this part requiring training on hazards and related matters, such as standards requiring that employees receive training or that the employer train employees, provide training to employees, or institute or implement a training program, impose a separate compliance duty with respect to each employee covered by the requirement. The employer must train each affected employee in the manner required by the standard, and each failure to train an employee may be considered a separate violation.

ComplianceOnline Webinars Construction Compliance

Military Construction Contracting Safety Regulations – OSHA & the EM385-1-1, what you don’t know could cost you your contract!

To know more about: - Safety and Health Regulations for Construction

The Hazardous Materials Transportation Act (HMTA) regulates the marking, manifesting, labeling, packaging, placarding, and spill reporting provisions for hazardous materials in transit.

Under the law, shippers must certify that they are in compliance with Department of Transportation (DOT) regulations. When Environmental Protection Agency- regulated hazardous wastes are shipped, they must be accompanied by a uniform hazardous waste manifest.

During the reauthorization, the Act was amended to settle the issue of Federal pre-emption of State hazardous materials laws by delineating areas of: 

• Exclusive Federal jurisdiction
• Joint Federal and State jurisdiction
• Areas open to State and local jurisdiction
• The hazardous materials regulations initially applied only to interstate transit
• In 1997, the hazardous materials regulations were extended to cover intrastate transit.

Objectives

Terminal Objective Given the Environmental Laws and Regulations course manual as a reference, you will be able to: 

• Explain how the Hazardous Materials Transportation Act (HMTA) affects the DOE and its transportation and shipping of hazardous wastes and materials. 

Enabling Objectives 

• Describe the requirements set forth in DOT Dockets HM-126F and HM-181.
• List the HMTA provisions presented in 49 CFR.

ComplianceOnline Webinars Related Hazardous Materials

How to Identify Hazardous Wastes at the Work Place

Hazardous Waste Regulation: 10 Major Differences Between Federal RCRA and California Hazardous Waste Regulations

To know more about The Hazardous Materials Transportation Act (HMTA)

This manual prescribes the safety and health requirements for all Corps of Engineers activities and operations. The provisions of this manual implement and supplement the safety and health standards and requirements contained in 29 CFR 1910, 29 CFR 1926, 29 CFR 1960, 30 CFR 56, EO 12196, DODI 6055.1, DODI 6055.3, AR 40-5, AR 385-10, AR 385-11, AR 385-40, and FAR Clause 52.236-13. Where more stringent safety and occupational health standards are set forth in these requirements and regulations, the more stringent standards shall apply. This manual supersedes EM 385-1-1, 3 September 1996.

This manual applies to Headquarters, US Army Corps of Engineers (HQUSACE) elements, major subordinate commands, districts, centers, laboratories, and field operating activities (FOA), as well as USACE and Naval Facilities (NAVFAC) Engineering Command contracts.
 

Publication Date: 3 November 2003

General. The following requirements apply to all ladders as indicated, including job-made ladders.

1926.1053(a)(1)

Ladders shall be capable of supporting the following loads without failure:

1926.1053(a)(1)(i)

Each self-supporting portable ladder: At least four times the maximum intended load, except that each extra-heavy-duty type 1A metal or plastic ladder shall sustain at least 3.3 time the maximum intended load. The ability of a ladder to sustain the loads indicated in this paragraph shall be determined by applying or transmitting the requisite load to the ladder in a downward vertical direction. Ladders built and tested in conformance with the applicable provisions of appendix A of this subpart will be deemed to meet this requirement.

1926.1053(a)(1)(ii)

Each portable ladder that is not self-supporting: At least four times the maximum intended load, except that each extra-heavy-duty type 1A metal or plastic ladders shall sustain at least 3.3 times the maximum intended load. The ability of a ladder to sustain the loads indicated in this paragraph shall be determined by applying or transmitting the requisite load to the ladder in a downward vertical direction when the ladder is placed at an angle of 75 1/2 degrees from the horizontal. Ladders built and tested in conformance with the applicable provisions of appendix A will be deemed to meet this requirement.

1926.1053(a)(1)(iii)

Each Fixed ladder: At least two loads of 250 pounds (114 kg) each, concentrated between any two consecutive attachments (the number and position of additional concentrated loads of 250 pounds (114 kg) each, determined from anticipated usage of the ladder, shall also be included), plus anticipated loads caused by ice buildup, winds, rigging, and impact loads resulting from the use of ladder safety devices. Each step or rung shall be capable of supporting a single concentrated load of a least 250 pounds (114 kg) applied in the middle of the step or rung. Ladders built in conformance with the applicable provisions of appendix A will be deemed to meet this requirement.

1926.1053(a)(2)

Ladder rungs, cleats, and steps shall be parallel, level, and uniformly spaced when the ladder is in position for use.

1926.1053(a)(3)

-

1926.1053(a)(3)(i)

Rungs, cleats, and steps of portable ladders (except as provided below) and fixed ladders (including individual-rung/step ladders) shall be spaced not less than 10 inches (25 cm) apart, nor more than 14 inches (36 cm) apart, as measured between center lines of the rungs, cleats and steps.

1926.1053(a)(3)(ii)

Rungs, cleats, and steps of step stools shall be not less than 8 inches (20 cm) apart, nor more than 12 inches (31 cm) apart, as measured between center lines of the rungs, cleats, and steps.

1926.1053(a)(3)(iii)

Rungs, cleats, and steps of the base section of extension trestle ladders shall be not less than 8 inches (20 cm) nor more than 18 inches (46 cm) apart, as measured between center lines of the rungs, cleats, and steps. The rung spacing on the extension section of the extension trestle ladder shall be not less than 6 inches (15 cm) nor more than 12 inches (31 cm), as measured between center lines of the rungs, cleats, and steps.

1926.1053(a)(4)

-

1926.1053(a)(4)(i)

The minimum clear distance between the sides of individual-rung/step ladders and the minimum clear distance between the side rails of other fixed ladders shall be 16 inches (41 cm).

1926.1053(a)(4)(ii)

The minimum clear distance between side rails for all portable ladders shall be 11 1/2 inches (29 cm).

1926.1053(a)(5)

The rungs of individual-rung/step ladders shall be shaped such that employees' feet cannot slide off the end of the rungs.

1926.1053(a)(6)

-

1926.1053(a)(6)(i)

The rungs and steps of fixed metal ladders manufactured after March 15, 1991, shall be corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize slipping.

1926.1053(a)(6)(ii)

The rungs and steps of portable metal ladders shall be corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize slipping.

1926.1053(a)(7)

Ladders shall not be tied or fastened together to provide longer sections unless they are specifically designed for such use.

1926.1053(a)(8)

A metal spreader or locking device shall be provided on each stepladder to hold the front and back sections in an open position when the ladder is being used.

1926.1053(a)(9)

When splicing is required to obtain a given length of side rail, the resulting side rail must be at least equivalent in strength to a one-piece side rail made of the same material.

1926.1053(a)(10)

Except when portable ladders are used to gain access to fixed ladders (such as those on utility towers, billboards, and other structures where the bottom of the fixed ladder is elevated to limit access), when two or more separate ladders are used to reach an elevated work area, the ladders shall be offset with a platform or landing between the ladders. (The requirements to have guardrail systems with toeboards for falling object and overhead protection on platforms and landings are set forth in subpart M of this part.)

1926.1053(a)(11)

Ladder components shall be surfaced so as to prevent injury to an employee from punctures or lacerations, and to prevent snagging of clothing.

1926.1053(a)(12)

Wood ladders shall not be coated with any opaque covering, except for identification or warning labels which may be placed on one face only of a side rail.

1926.1053(a)(13)

The minimum perpendicular clearance between fixed ladder rungs, cleats, and steps, and any obstruction behind the ladder shall be 7 inches (18 cm), except in the case of an elevator pit ladder for which a minimum perpendicular clearance of 4 1/2 inches (11 cm) is required.

1926.1053(a)(14)

The minimum perpendicular clearance between the center line of fixed ladder rungs, cleats, and steps, and any obstruction on the climbing side of the ladder shall be 30 inches (76 cm), except as provided in paragraph (a)(15) of this section.

1926.1053(a)(15)

When unavoidable obstructions are encountered, the minimum perpendicular clearance between the centerline of fixed ladder rungs, cleats, and steps, and the obstruction on the climbing side of the ladder may be reduced to 24 inches (61 cm), provided that a deflection device is installed to guide employees around the obstruction.

1926.1053(a)(16)

Through fixed ladders at their point of access/egress shall have a step-across distance of not less than 7 inches (18 cm) nor more than 12 inches (30 cm) as measured from the centerline of the steps or rungs to the nearest edge of the landing area. If the normal step-across distance exceeds 12 inches (30 cm), a landing platform shall be provided to reduce the distance to the specified limit.

1926.1053(a)(17)

Fixed ladders without cages or wells shall have a clear width to the nearest permanent object of at least 15 inches (30 cm) on each side of the centerline of the ladder.

1926.1053(a)(18)

Fixed ladders shall be provided with cages, wells, ladder safety devices, or self-retracting lifelines where the length of climb is less than 24 feet (7.3 m) but the top of the ladder is at a distance greater than 24 feet (7.3 m) above lower levels.

1926.1053(a)(19)

Where the total length of a climb equals or exceeds 24 feet (7.3 m), fixed ladders shall be equipped with one of the following:

1926.1053(a)(19)(i)

Ladder safety devices; or

1926.1053(a)(19)(ii)

Self-retracting lifelines, and rest platforms at intervals not to exceed 150 feet (45.7 m); or

1926.1053(a)(19)(iii)

A cage or well, and multiple ladder sections, each ladder section not to exceed 50 feet (15.2 m) in length. Ladder sections shall be offset from adjacent sections, and landing platforms shall be provided at maximum intervals of 50 feet (15.2 m).

1926.1053(a)(20)

Cages for fixed ladders shall conform to all of the following:

1926.1053(a)(20)(i)

Horizontal bands shall be fastened to the side rails of rail ladders, or directly to the structure, building, or equipment for individual-rung ladders;

1926.1053(a)(20)(ii)

Vertical bars shall be on the inside of the horizontal bands and shall be fastened to them;

1926.1053(a)(20)(iii)

Cages shall extend not less than 27 inches (66 cm), or more than 30 inches (76 cm) from the centerline of the step or rung (excluding the flare at the bottom of the cage), and shall not be less than 27 inches (68 cm) in width;

1926.1053(a)(20)(iv)

The inside of the cage shall be clear of projections;

1926.1053(a)(20)(v)

Horizontal bands shall be spaced not more than 4 feet (1.2 m) on center vertically;

1926.1053(a)(20)(vi)

Vertical bars shall be spaced at intervals not more than 9 1/2 inches (24 cm) on center horizontally;

1926.1053(a)(20)(vii)

the bottom of the cage shall be at a level not less than 7 feet (2.1 m) nor more than 8 feet (2.4 m) above the point of access to the bottom of the ladder. The bottom of the cage shall be flared not less than 4 inches (10 cm) all around within the distance between the bottom horizontal band and the next higher band;

1926.1053(a)(20)(viii)

The top of the cage shall be a minimum of 42 inches (1.1 m) above the top of the platform, or the point of access at the top of the ladder, with provision for access to the platform or other point of access.

1926.1053(a)(21)

Wells for fixed ladders shall conform to all of the following:

1926.1053(a)(21)(i)

They shall completely encircle the ladder;

1926.1053(a)(21)(ii)

They shall be free of projections;

1926.1053(a)(21)(iii)

Their inside face on the climbing side of the ladder shall extend not less than 27 inches (68 cm) nor more than 30 inches (76 cm) from the centerline of the step or rung;

1926.1053(a)(21)(iv)

The inside clear width shall be at least 30 inches (76 cm);

1926.1053(a)(21)(v)

The bottom of the wall on the access side shall start at a level not less than 7 feet (2.1 m) nor more than 8 feet (2.4 m) above the point of access to the bottom of the ladder.

1926.1053(a)(22)

Ladder safety devices, and related support systems, for fixed ladders shall conform to all of the following:

1926.1053(a)(22)(i)

They shall be capable of withstanding without failure a drop test consisting of an 18-inch (41 cm) drop of a 500-pound (226 kg) weight;

1926.1053(a)(22)(ii)

They shall permit the employee using the device to ascend or descend without continually having to hold, push, or pull any part of the device, leaving both hands free for climbing;

1926.1053(a)(22)(iii)

They shall be activated within 2 feet (.61 m) after a fall occurs, and limit the descending velocity of an employee to 7 feet/sec. (2.1 m/sec.) or less;

1926.1053(a)(22)(iv)

The connection between the carrier or lifeline and the point of attachment to the body belt or harness shall not exceed 9 inches (23 cm) in length.

1926.1053(a)(23)

The mounting of ladder safety devices for fixed ladders shall conform to the following:

1926.1053(a)(23)(i)

Mountings for rigid carriers shall be attached at each end of the carrier, with intermediate mountings, as necessary, spaced along the entire length of the carrier, to provide the strength necessary to stop employees' falls;

1926.1053(a)(23)(ii)

Mountings for flexible carriers shall be attached at each end of the carrier. When the system is exposed to wind, cable guides for flexible carriers shall be installed at a minimum spacing of 25 feet (7.6 m) and maximum spacing of 40 feet (12.2 m) along the entire length of the carrier, to prevent wind damage to the system.

1926.1053(a)(23)(iii)

The design and installation of mountings and cable guides shall not reduce the design strength of the ladder.

1926.1053(a)(24)

The side rails of through or side-step fixed ladders shall extend 42 inches (1.1 m) above the top of the access level or landing platform served by the ladder. For a parapet ladder, the access level shall be the roof if the parapet is cut to permit passage through the parapet; if the parapet is continuous, the access level shall be the top of the parapet.

1926.1053(a)(25)

For through-fixed-ladder extensions, the steps or rungs shall be omitted from the extension and the extension of the side rails shall be flared to provide not less than 24 inches (61 cm) nor more than 30 inches (76 cm) clearance between side rails. Where ladder safety devices are provided, the maximum clearance between side rails of the extensions shall not exceed 36 inches (91 cm).

1926.1053(a)(26)

For side-step fixed ladders, the side rails and the steps or rungs shall be continuous in the extension.

1926.1053(a)(27)

Individual-rung/step ladders, except those used where their access openings are covered with manhole covers or hatches, shall extend at least 42 inches (1.1 m) above an access level or landing platform either by the continuation of the rung spacings as horizontal grab bars or by providing vertical grab bars that shall have the same lateral spacing as the vertical legs of the rungs.

1926.1053(b)

Use. The following requirements apply to the use of all ladders, including job-made ladders, except as otherwise indicated:

1926.1053(b)(1)

When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.

1926.1053(b)(2)

Ladders shall be maintained free of oil, grease, and other slipping hazards.

1926.1053(b)(3)

Ladders shall not be loaded beyond the maximum intended load for which they were built, nor beyond their manufacturer's rated capacity.

1926.1053(b)(4)

Ladders shall be used only for the purpose for which they were designed.

1926.1053(b)(5)

-

1926.1053(b)(5)(i)

Non-self-supporting ladders shall be used at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately one-quarter of the working length of the ladder (the distance along the ladder between the foot and the top support).

1926.1053(b)(5)(ii)

Wood job-made ladders with spliced side rails shall be used at an angle such that the horizontal distance is one-eighth the working length of the ladder.

1926.1053(b)(5)(iii)

Fixed ladders shall be used at a pitch no greater than 90 degrees from the horizontal, as measured to the back side of the ladder.

1926.1053(b)(6)

Ladders shall be used only on stable and level surfaces unless secured to prevent accidental displacement.

1926.1053(b)(7)

Ladders shall not be used on slippery surfaces unless secured or provided with slip-resistant feet to prevent accidental displacement. Slip-resistant feet shall not be used as a substitute for care in placing, lashing, or holding a ladder that is used upon slippery surfaces including, but not limited to, flat metal or concrete surfaces that are constructed so they cannot be prevented from becoming slippery.

1926.1053(b)(8)

Ladders placed in any location where they can be displaced by workplace activities or traffic, such as in passageways, doorways, or driveways, shall be secured to prevent accidental displacement, or a barricade shall be used to keep the activities or traffic away from the ladder.

1926.1053(b)(9)

The area around the top and bottom of ladders shall be kept clear.

1926.1053(b)(10)

The top of a non-self-supporting ladder shall be placed with the two rails supported equally unless it is equipped with a single support attachment.

1926.1053(b)(11)

Ladders shall not be moved, shifted, or extended while occupied.

1926.1053(b)(12)

Ladders shall have nonconductive siderails if they are used where the employee or the ladder could contact exposed energized electrical equipment, except as provided in 1926.951(c)(1) of this part.

1926.1053(b)(13)

The top or top step of a stepladder shall not be used as a step.

1926.1053(b)(14)

Cross-bracing on the rear section of stepladders shall not be used for climbing unless the ladders are designed and provided with steps for climbing on both front and rear sections.

1926.1053(b)(15)

Ladders shall be inspected by a competent person for visible defects on a periodic basis and after any occurrence that could affect their safe use.

1926.1053(b)(16)

Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, shall either be immediately marked in a manner that readily identifies them as defective, or be tagged with "Do Not Use" or similar language, and shall be withdrawn from service until repaired.

1926.1053(b)(17)

Fixed ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, or corroded components, shall be withdrawn from service until repaired. The requirement to withdraw a defective ladder from service is satisfied if the ladder is either:

1926.1053(b)(17)(i)

Immediately tagged with "Do Not Use" or similar language;

1926.1053(b)(17)(ii)

Marked in a manner that readily identifies it as defective;

1926.1053(b)(17)(iii)

Or blocked (such as with a plywood attachment that spans several rungs).

1926.1053(b)(18)

Ladder repairs shall restore the ladder to a condition meeting its original design criteria, before the ladder is returned to use.

1926.1053(b)(19)

Single-rail ladders shall not be used.

1926.1053(b)(20)

When ascending or descending a ladder, the user shall face the ladder.

1926.1053(b)(21)

Each employee shall use at least one hand to grasp the ladder when progressing up and/or down the ladder.

1926.1053(b)(22)

An employee shall not carry any object or load that could cause the employee to lose balance and fall.

[55 FR 47689, Nov. 14, 1990; 56 FR 2585, Jan. 23, 1991; 56 FR 41794, Aug. 23, 1991]

Scope. This section contains requirements for the control of grain dust fires and explosions, and certain other safety hazards associated with grain handling facilities. It applies in addition to all other relevant provisions of Part 1910 (or Part 1917 at marine terminals).

1910.272(b)

Application.

1910.272(b)(1)

Paragraphs (a) through (n) of this section apply to grain elevators, feed mills, flour mills, rice mills, dust pelletizing plants, dry corn mills, soybean flaking operations, and the dry grinding operations of soycake.

1910.272(b)(2)

Paragraphs (o), (p), and (q) of this section apply only to grain elevators.

1910.272(c)

Definitions.

"Choked leg" means a condition of material buildup in the bucket elevator that results in the stoppage of material flow and bucket movement. A bucket elevator is not considered choked that has the up-leg partially or fully loaded and has the boot and discharge cleared allowing bucket movement.

"Flat storage structure" means a grain storage building or structure that will not empty completely by gravity, has an unrestricted ground level opening for entry, and must be entered to reclaim the residual grain using powered equipment or manual means.

"Fugitive grain dust" means combustible dust particles, emitted from the stock handling system, of such size as will pass through a U.S. Standard 40 mesh sieve (425 microns or less).

"Grain elevator" means a facility engaged in the receipt, handling, storage, and shipment of bulk raw agricultural commodities such as corn, wheat, oats, barley, sunflower seeds, and soybeans.

"Hot work" means work involving electric or gas welding, cutting, brazing, or similar flame producing operations.

"Inside bucket elevator" means a bucket elevator that has the boot and more than 20 percent of the total leg height (above grade or ground level) inside the grain elevator structure. Bucket elevators with leg casings that are inside (and pass through the roofs) of rail or truck dump sheds with the remainder of the leg outside of the grain elevator structure, are not considered inside bucket elevators.

"Jogging" means repeated starting and stopping of drive motors in an attempt to clear choked legs.

"Lagging" means a covering on drive pulleys used to increase the coefficient of friction between the pulley and the belt.

"Permit" means the written certification by the employer authorizing employees to perform identified work operations subject to specified precautions.

1910.272(d)

Emergency action plan. The employer shall develop and implement an emergency action plan meeting the requirements contained in 29 CFR 1910.38.

..1910.272(e)

1910.272(e)

Training.

1910.272(e)(1)

The employer shall provide training to employees at least annually and when changes in job assignment will expose them to new hazards. Current employees, and new employees prior to starting work, shall be trained in at least the following:

1910.272(e)(1)(i)

General safety precautions associated with the facility, including recognition and preventive measures for the hazards related to dust accumulations and common ignition sources such as smoking; and,

1910.272(e)(1)(ii)

Specific procedures and safety practices applicable to their job tasks including but not limited to, cleaning procedures for grinding equipment, clearing procedures for choked legs, housekeeping procedures, hot work procedures, preventive maintenance procedures and lock-out/tag-out procedures.

1910.272(e)(2)

Employees assigned special tasks, such as bin entry and handling of flammable or toxic substances, shall be provided training to perform these tasks safely.

Note to paragraph (e)(2): Training for an employee who enters grain storage structures includes training about engulfment and mechanical hazards and how to avoid them.

1910.272(f)

Hot work permit.

1910.272(f)(1)

The employer shall issue a permit for all hot work, with the following exceptions:

1910.272(f)(1)(i)

Where the employer or the employer's representative (who would otherwise authorize the permit) is present while the hot work is being performed;

..1910.272(f)(1)(ii)

1910.272(f)(1)(ii)

In welding shops authorized by the employer;

1910.272(f)(1)(iii)

In hot work areas authorized by the employer which are located outside of the grain handling structure.

1910.272(f)(2)

The permit shall certify that the requirements contained in 1910.252(a) have been implemented prior to beginning the hot work operations. The permit shall be kept on file until completion of the hot work operations.

1910.272(g)

Entry into grain storage structures. This paragraph applies to employee entry into bins, silos , tanks, and other grain storage structures. Exception: Entry through unrestricted ground level openings into flat storage structures in which there are no toxicity, flammability, oxygen-deficiency, or other atmospheric hazards is covered by paragraph (h) of this section. For the purposes of this paragraph (g), the term "grain" includes raw and processed grain and grain products in facilities within the scope of paragraph (b)(1) of this section.

1910.272(g)(1)

The following actions shall be taken before employees enter bins, silos, or tanks:

..1910.272(g)(1)(i)

1910.272(g)(1)(i)

The employer shall issue a permit for entering bins, silos, or tanks unless the employer or the employer's representative (who would otherwise authorize the permit) is present during the entire operation. The permit shall certify that the precautions contained in this paragraph (1910.272(g)) have been implemented prior to employees entering bins, silos or tanks. The permit shall be kept on file until completion of the entry operations.

1910.272(g)(1)(ii)

All mechanical, electrical, hydraulic, and pneumatic equipment which presents a danger to employees inside grain storage structures shall be deenergized and shall be disconnected, locked-out and tagged, blocked-off, or otherwise prevented from operating by other equally effective means or methods.

1910.272(g)(1)(iii)

The atmosphere within a bin, silo, or tank shall be tested for the presence of combustible gases, vapors, and toxic agents when the employer has reason to believe they may be present. Additionally, the atmosphere within a bin, silo, or tank shall be tested for oxygen content unless there is continuous natural air movement or continuous forced-air ventilation before and during the period employees are inside. If the oxygen level is less than 19.5%, or if combustible gas or vapor is detected in excess of 10% of the lower flammable limit, or if toxic agents are present in excess of the ceiling values listed in Subpart Z of 29 CFR Part 1910, or if toxic agents are present in concentrations that will cause health effects which prevent employees from effecting self-rescue or communication to obtain assistance, the following provisions apply.

..1910.272(g)(1)(iii)(A)

1910.272(g)(1)(iii)(A)

Ventilation shall be provided until the unsafe condition or conditions are eliminated, and the ventilation shall be continued as long as there is a possibility of recurrence of the unsafe condition while the bin, silo, or tank is occupied by employees.

1910.272(g)(1)(iii)(B)

If toxicity or oxygen deficiency cannot be eliminated by ventilation, employees entering the bin, silo, or tank shall wear an appropriate respirator. Respirator use shall be in accordance with the requirements of 1910.134.

1910.272(g)(1)(iv)

"Walking down grain" and similar practices where an employee walks on grain to make it flow within or out from a grain storage structure, or where an employee is on moving grain, are prohibited.

1910.272(g)(2)

Whenever an employee enters a grain storage structure from a level at or above the level of the stored grain or grain products, or whenever an employee walks or stands on or in stored grain of a depth which poses an engulfment hazard, the employer shall equip the employee with a body harness with lifeline, or a boatswain's chair that meets the requirements of subpart D of this part. The lifeline shall be so positioned, and of sufficient length, to prevent the employee from sinking further than waist-deep in the grain. Exception: Where the employer can demonstrate that the protection required by this paragraph is not feasible or creates a greater hazard, the employer shall provide an alternative means of protection which is demonstrated to prevent the employee from sinking further than waist-deep in the grain.

Note to paragraph (g)(2): When the employee is standing or walking on a surface which the employer demonstrates is free from engulfment hazards, the lifeline or alternative means may be disconnected or removed.

..1910.272(g)(3)

1910.272(g)(3)

An observer, equipped to provide assistance, shall be stationed outside the bin, silo, or tank being entered by an employee. Communications (visual, voice, or signal line) shall be maintained between the observer and employee entering the bin, silo, or tank.

1910.272(g)(4)

The employer shall provide equipment for rescue operations which is specifically suited for the bin, silo, or tank being entered.

1910.272(g)(5)

The employee acting as observer shall be trained in rescue procedures, including notification methods for obtaining additional assistance.

1910.272(g)(6)

Employees shall not enter bins, silos, or tanks underneath a bridging condition, or where a buildup of grain products on the sides could fall and bury them.

1910.272(h)

Entry into flat storage structures. For the purposes of this paragraph (h), the term "grain" means raw and processed grain and grain products in facilities within the scope of paragraph (b)(1) of this section.

1910.272(h)(1)

Each employee who walks or stands on or in stored grain, where the depth of the grain poses an engulfment hazard, shall be equipped with a lifeline or alternative means which the employer demonstrates will prevent the employee from sinking further than waist-deep into the grain.

Note to paragraph (h)(1): When the employee is standing or walking on a surface which the employer demonstrates is free from engulfment hazards, the lifeline or alternative means may be disconnected or removed.

..1910.272(h)(2)

1910.272(h)(2) 1910.272(h)(2)(i)

Whenever an employee walks or stands on or in stored grain or grain products of a depth which poses an engulfment hazard, all equipment which presents a danger to that employee (such as an auger or other grain transport equipment) shall be deenergized, and shall be disconnected, locked-out and tagged, blocked-off, or otherwise prevented from operating by other equally effective means or methods.

1910.272(h)(2)(ii)

"Walking down grain" and similar practices where an employee walks on grain to make it flow within or out from a grain storage structure, or where an employee is on moving grain, are prohibited.

1910.272(h)(3)

No employee shall be permitted to be either underneath a bridging condition, or in any other location where an accumulation of grain on the sides or elsewhere could fall and engulf that employee.

1910.272(i)

Contractors.

1910.272(i)(1)

The employer shall inform contractors performing work at the grain handling facility of known potential fire and explosion hazards related to the contractor's work and work area. The employer shall also inform contractors of the applicable safety rules of the facility.

1910.272(i)(2)

The employer shall explain the applicable provisions of the emergency action plan to contractors.

1910.272(j)

Housekeeping.

..1910.272(j)(1)

1910.272(j)(1)

The employer shall develop and implement a written housekeeping program that establishes the frequency and method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.

1910.272(j)(2)

In addition, the housekeeping program for grain elevators shall address fugitive grain dust accumulations at priority housekeeping areas.

1910.272(j)(2)(i)

Priority housekeeping areas shall include at least the following:

1910.272(j)(2)(i)(A)

Floor areas within 35 feet (10.7 m) of inside bucket elevators;

1910.272(j)(2)(i)(B)

Floors of enclosed areas containing grinding equipment;

1910.272(j)(2)(i)(C)

Floors of enclosed areas containing grain dryers located inside the facility.

1910.272(j)(2)(ii)

The employer shall immediately remove any fugitive grain dust accumulations whenever they exceed 1/8 inch (.32 cm) at priority housekeeping areas, pursuant to the housekeeping program, or shall demonstrate and assure, through the development and implementation of the housekeeping program, that equivalent protection is provided.

..1910.272(j)(3)

1910.272(j)(3)

The use of compressed air to blow dust from ledges, walls, and other areas shall only be permitted when all machinery that presents an ignition source in the area is shut-down, and all other known potential ignition sources in the area are removed or controlled.

1910.272(j)(4)

Grain and product spills shall not be considered fugitive grain dust accumulations. However, the housekeeping program shall address the procedures for removing such spills from the work area.

1910.272(k)

Grate openings. Receiving-pit feed openings, such as truck or railcar receiving-pits, shall be covered by grates. The width of openings in the grates shall be a maximum of 2 1/2 inches (6.35 cm).

1910.272(l)

Filter collectors.

1910.272(l)(1)

All fabric dust filter collectors which are a part of a pneumatic dust collection system shall be equipped with a monitoring device that will indicate a pressure drop across the surface of the filter.

1910.272(l)(2)

Filter collectors installed after March 30, 1988 shall be:

1910.272(l)(2)(i)

Located outside the facility; or

1910.272(l)(2)(ii)

Located in an area inside the facility protected by an explosion suppression system; or

..1910.272(l)(2)(iii)

1910.272(l)(2)(iii)

Located in an area inside the facility that is separated from other areas of the facility by construction having at least a one hour fire-resistance rating, and which is adjacent to an exterior wall and vented to the outside. The vent and ductwork shall be designed to resist rupture due to deflagration.

1910.272(m)

Preventive maintenance.

1910.272(m)(1)

The employer shall implement preventive maintenance procedures consisting of:

1910.272(m)(1)(i)

Regularly scheduled inspections of at least the mechanical and safety control equipment associated with dryers, grain stream processing equipment, dust collection equipment including filter collectors, and bucket elevators;

1910.272(m)(1)(ii)

Lubrication and other appropriate maintenance in accordance with manufacturers' recommendations, or as determined necessary by prior operating records.

1910.272(m)(2)

The employer shall promptly correct dust collection systems which are malfunctioning or which are operating below designed efficiency. Additionally, the employer shall promptly correct, or remove from service, overheated bearings and slipping or misaligned belts associated with inside bucket elevators.

..1910.272(m)(3)

1910.272(m)(3)

A certification record shall be maintained of each inspection, performed in accordance with this paragraph (m), containing the date of the inspection, the name of the person who performed the inspection and the serial number, or other identifier, of the equipment specified in paragraph (m)(1)(i) of this section that was inspected.

1910.272(m)(4)

The employer shall implement procedures for the use of tags and locks which will prevent the inadvertent application of energy or motion to equipment being repaired, serviced, or adjusted, which could result in employee injury. Such locks and tags shall be removed in accordance with established procedures only by the employee installing them or, if unavailable, by his or her supervisor.

1910.272(n)

Grain stream processing equipment. The employer shall equip grain stream processing equipment (such as hammer mills, grinders, and pulverizers) with an effective means of removing ferrous material from the incoming grain stream.

1910.272(o)

Emergency escape.

1910.272(o)(1)

The employer shall provide at least two means of emergency escape from galleries (bin decks).

1910.272(o)(2)

The employer shall provide at least one means of emergency escape in tunnels of existing grain elevators. Tunnels in grain elevators constructed after the effective date of this standard shall be provided with at least two means of emergency escape.

..1910.272(p)

1910.272(p)

Continuous-flow bulk raw grain dryers.

1910.272(p)(1)

All direct-heat grain dryers shall be equipped with automatic controls that:

1910.272(p)(1)(i)

Will shut-off the fuel supply in case of power or flame failure or interruption of air movement through the exhaust fan; and,

1910.272(p)(1)(ii)

Will stop the grain from being fed into the dryer if excessive temperature occurs in the exhaust of the drying section.

1910.272(p)(2)

Direct-heat grain dryers installed after March 30, 1988 shall be:

1910.272(p)(2)(i)

Located outside the grain elevator; or

1910.272(p)(2)(ii)

Located in an area inside the grain elevator protected by a fire or explosion suppression system; or

1910.272(p)(2)(iii)

Located in an area inside the grain elevator which is separated from other areas of the facility by construction having at least a one hour fire-resistance rating.

1910.272(q)

Inside bucket elevators.

1910.272(q)(1)

Bucket elevators shall not be jogged to free a choked leg.

..1910.272(q)(2)

1910.272(q)(2)

All belts and lagging purchased after March 30, 1988 shall be conductive. Such belts shall have a surface electrical resistance not to exceed 300 megohms.

1910.272(q)(3)

All bucket elevators shall be equipped with a means of access to the head pulley section to allow inspection of the head pulley, lagging, belt, and discharge throat of the elevator head. The boot section shall also be provided with a means of access for clean-out of the boot and for inspection of the boot, pulley, and belt.

1910.272(q)(4)

The employer shall:

1910.272(q)(4)(i)

Mount bearings externally to the leg casing; or,

1910.272(q)(4)(ii)

Provide vibration monitoring, temperature monitoring, or other means to monitor the condition of those bearings mounted inside or partially inside the leg casing.

1910.272(q)(5)

The employer shall equip bucket elevators with a motion detection device which will shut-down the bucket elevator when the belt speed is reduced by no more than 20% of the normal operating speed.

1910.272(q)(6)

The employer shall:

..1910.272(q)(6)(i)

1910.272(q)(6)(i)

Equip bucket elevators with a belt alignment monitoring device which will initiate an alarm to employees when the belt is not tracking properly; or,

1910.272(q)(6)(ii)

Provide a means to keep the belt tracking properly, such as a system that provides constant alignment adjustment of belts.

1910.272(q)(7)

Paragraphs (q)(5) and (q)(6) of this section do not apply to grain elevators having a permanent storage capacity of less than one million bushels, provided that daily visual inspection is made of bucket movement and tracking of the belt.

1910.272(q)(8)

Paragraphs (q)(4), (q)(5), and (q)(6) of this section do not apply to the following:

1910.272(q)(8)(i)

Bucket elevators which are equipped with an operational fire and explosion suppression system capable of protecting at least the head and boot section of the bucket elevator; or,

1910.272(q)(8)(ii)

Bucket elevators which are equipped with pneumatic or other dust control systems or methods that keep the dust concentration inside the bucket elevator at least 25% below the lower explosive limit at all times during operations.

[52 FR 49625, Dec.. 31, 1987; 53 FR 17697, May 18, 1988; 61 FR 5507; Feb. 13, 1996; 61 FR 9227, March 7, 1996; 61 FR 9577, March 8, 1996; 67 FR 67965, Nov. 7, 2002]

Note: The following appendices to 1910.272 serve as nonmandatory guidelines to assist employers and employees in complying with the requirements of this section, as well as to provide other helpful information.

No additional burdens are imposed through these appendices.

1910.1025(a)

Scope and application.

This section applies to all occupational exposure to lead, except as provided in paragraph (a)(2).

This section does not apply to the construction industry or to agricultural operations covered by 29 CFR Part 1928.

Definitions.

"Action level" means employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter of air (30 ug/m(3)) averaged over an 8-hour period.

"Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.

"Director" means the Director, National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health, Education, and Welfare, or designee.

"Lead" means metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.

Permissible exposure limit (PEL).

The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m(3)) averaged over an 8-hour period.

If an employee is exposed to lead for more than 8 hours in any work day, the permissible exposure limit, as a time weighted average (TWA) for that day, shall be reduced according to the following formula:

Maximum permissible limit (in ug/m(3))=400 divided by hours worked in the day.

When respirators are used to supplement engineering and work practice controls to comply with the PEL and all the requirements of paragraph (f) have been met, employee exposure, for the purpose of determining whether the employer has complied with the PEL, may be considered to be at the level provided by the protection factor of the respirator for those periods the respirator is worn. Those periods may be averaged with exposure levels during periods when respirators are not worn to determine the employee's daily TWA exposure.

Exposure monitoring -

General.

For the purposes of paragraph (d), employee exposure is that exposure which would occur if the employee were not using a respirator.

With the exception of monitoring under paragraph (d)(3), the employer shall collect full shift (for at least 7 continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.

Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead.

Initial determination. Each employer who has a workplace or work operation covered by this standard shall determine if any employee may be exposed to lead at or above the action level.

Basis of initial determination.

The employer shall monitor employee exposures and shall base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:

Any information, observations, or calculations which would indicate employee exposure to lead;

Any previous measurements of airborne lead; and

Any employee complaints of symptoms which may be attributable to exposure to lead.

Monitoring for the initial determination may be limited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest airborne concentrations of lead in the workplace.

Measurements of airborne lead made in the preceding 12 months may be used to satisfy the requirement to monitor under paragraph (d)(3)(i) if the sampling and analytical methods used meet the accuracy and confidence levels of paragraph (d)(9) of this section.

Positive initial determination and initial monitoring.

Where a determination conducted under paragraphs (d)(2) and (3) of this section shows the possibility of any employee exposure at or above the action level, the employer shall conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.

Measurements of airborne lead made in the preceding 12 months may be used to satisfy this requirement if the sampling and analytical methods used meet the accuracy and confidence levels of paragraph (d)(9) of this section.

Negative initial determination. Where a determination, conducted under paragraphs (d)(2) and (3) of this section is made that no employee is exposed to airborne concentrations of lead at or above the action level, the employer shall make a written record of such determination. The record shall include at least the information specified in paragraph (d)(3) of this section and shall also include the date of determination, location within the worksite, and the name and social security number of each employee monitored.

Frequency.

If the initial monitoring reveals employee exposure to be below the action level the measurements need not be repeated except as otherwise provided in paragraph (d)(7) of this section.

If the initial determination or subsequent monitoring reveals employee exposure to be at or above the action level but below the permissible exposure limit the employer shall repeat monitoring in accordance with this paragraph at least every 6 months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in paragraph (d)(7) of this section.

If the initial monitoring reveals that employee exposure is above the permissible exposure limit the employer shall repeat monitoring quarterly. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in paragraph (d)(6)(ii), except as otherwise provided in paragraph (d)(7) of this section.

Additional monitoring. Whenever there has been a production, process, control or personnel change which may result in new or additional exposure to lead, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to lead, additional monitoring in accordance with this paragraph shall be conducted.

Employee notification.

The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to affected employees.

Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken or to be taken to reduce exposure to or below the permissible exposure limit.

Accuracy of measurement. The employer shall use a method of monitoring and analysis which has an accuracy (to a confidence level of 95%) of not less than plus or minus 20 percent for airborne concentrations of lead equal to or greater than 30 ug/m(3).

Methods of compliance -

Engineering and work practice controls.

Where any employee is exposed to lead above the permissible exposure limit for more than 30 days per year, the employer shall implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead in accordance with the implementation schedule in Table I below, except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest feasible level and shall supplement them by the use of respiratory protection which complies with the requirements of paragraph (f) of this section.

Where any employee is exposed to lead above the permissible exposure limit, but for 30 days or less per year, the employer shall implement engineering controls to reduce exposures to 200 ug/m(3), but thereafter may implement any combination of engineering, work practice (including administrative controls), and respiratory controls to reduce and maintain employee exposure to lead to or below 50 ug/m(3)

TABLE I

Industry	Compliance dates(1): (50 UG/M(3))
Lead chemicals, secondary copper smeting. Nonferrous foundries. Brass and bronze ingot manufacture.	July 19, 1996. July 19, 1996(2). 6 years(3).

Footnote(1) Calculated by counting from the date the stay on implementation of paragraph (e)(1) was lifted by the U.S. Court of Appeals for the District of Columbia, the number of years specified in the 1978 lead standard and subsequent amendments for compliance with the PEL of 50 ug/m(3) for exposure to airborne concentrations of lead levels for the particular industry.
Footnote(2) Large nonferrous foundries (20 or more employees) are required to achieve the PEL of 50 ug/m(3) by means of engineering and work practice controls. Small nonferrous foundries (fewer than 20 employees) are required to achieve an 8-hour TWA of 75 ug/m(3) by such controls.
Footnote(3) Expressed as the number of years from the date on which the Court lifts the stay on the implementation of paragraph (e)(1) for this industry for employers to achieve a lead in air concentration of 75 ug/m(3). Compliance with paragraph (e) in this industry is determined by a complance directive that incorporates elements from the settlement agreement between OSHA and representatives of the injury. are required to comply within five years.

Respiratory protection. Where engineering and work practice controls do not reduce employee exposure to or below the 50 ug/m(3) permissible exposure limit, the employer shall supplement these controls with respirators in accordance with paragraph (f).

Compliance program.

Each employer shall establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls in accordance with the implementation schedule in paragraph (e)(1).

Written plans for these compliance programs shall include at least the following:

A description of each operation in which lead is emitted; e.g. machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures and maintenance practices;

A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to lead;

A report of the technology considered in meeting the permissible exposure limit;

Air monitoring data which documents the source of lead emissions;

A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;

A work practice program which includes items required under paragraphs (g), (h) and (i) of this regulation;

An administrative control schedule required by paragraph (e)(6), if applicable;

Other relevant information.

Written programs shall be submitted upon request to the Assistant Secretary and the Director, and shall be available at the worksite for examination and copying by the Assistant Secretary, Director, any affected employee or authorized employee representatives.

Written programs must be revised and updated at least annually to reflect the current status of the program.

Mechanical ventilation.

When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made at least every 3 months. Measurements of the system's effectiveness in controlling exposure shall be made within 5 days of any change in production, process, or control which might result in a change in employee exposure to lead.

Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the employer shall assure that (A) the system has a high efficiency filter with reliable back-up filter; and (B) controls to monitor the concentration of lead in the return air and to bypass the recirculation system automatically if it fails are installed, operating, and maintained.

Administrative controls. If administrative controls are used as a means of reducing employees TWA exposure to lead, the employer shall establish and implement a job rotation schedule which includes:

Name or identification number of each affected employee;

Duration and exposure levels at each job or work station where each affected employee is located; and

Any other information which may be useful in assessing the reliability of administrative controls to reduce exposure to lead.

Respiratory protection.

General. For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:

Periods necessary to install or implement engineering or work-practice controls.

Work operations for which engineering and work-practice controls are not sufficient to reduce employee exposures to or below the permissible exposure limit.

Periods when an employee requests a respirator.

Respirator program.

The employer must implement a respiratory protection program in accordance with § 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator.

If an employee has breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination in accordance with paragraph (j)(3)(i)(C) of this section to determine whether or not the employee can use a respirator while performing the required duty.

Respirator selection.

Employers must:

Select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.

Provide employees with full facepiece respirators instead of half mask respirators for protection against lead aerosols that cause eye or skin irritation at the use concentrations.

Provide HEPA filters for powered and non-powered air-purifying respirators.

Employers must provide employees with a powered air-purifying respirator (PAPR) instead of a negative pressure respirator selected according to paragraph (f)(3)(i) of this standard when an employee chooses to use a PAPR and it provides adequate protection to the employee as specified by paragraph (f)(3)(i) of this standard.

Protective work clothing and equipment -

Provision and use. If an employee is exposed to lead above the PEL, without regard to the use of respirators or where the possibility of skin or eye irritation exists, the employer shall provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment such as, but not limited to:

Coveralls or similar full-body work clothing;

Gloves, hats, and shoes or disposable shoe coverlets; and

Face shields, vented goggles, or other appropriate protective equipment which complies with 1910.133 of this Part.

Cleaning and replacement.

The employer shall provide the protective clothing required in paragraph (g)(1) of this section in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 ug/m(3) of lead as an 8-hour TWA.

The employer shall provide for the cleaning, laundering, or disposal of protective clothing and equipment required by paragraph (g)(1) of this section.

The employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness.

The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms provided for that purpose as prescribed in paragraph (i)(2) of this section.

The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change-room which prevents dispersion of lead outside the container.

The employer shall inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.

The employer shall assure that the containers of contaminated protective clothing and equipment required by paragraph (g)(2)(v) are labeled as follows: CAUTION: CLOTHING CONTAMINATED WITH LEAD. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.

The employer shall prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air.

Housekeeping -

Surfaces. All surfaces shall be maintained as free as practicable of accumulations of lead.

Cleaning floors.

Floors and other surfaces where lead accumulates may not be cleaned by the use of compressed air.

Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.

Vacuuming. Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner which minimizes the reentry of lead into the workplace.

Hygiene facilities and practices.

The employer shall assure that in areas where employees are exposed to lead above the PEL, without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in change rooms, lunchrooms, and showers required under paragraphs (i)(2) - through (i)(4) of this section.

Change rooms.

The employer shall provide clean change rooms for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.

The employer shall assure that change rooms are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination.

Showers.

The employer shall assure that employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift.

The employer shall provide shower facilities in accordance with 1910.141 (d)(3) of this part.

The employer shall assure that employees who are required to shower pursuant to paragraph (i)(3)(i) do not leave the workplace wearing any clothing or equipment worn during the work shift.

Lunchrooms.

The employer shall provide lunchroom facilities for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.

The employer shall assure that lunchroom facilities have a temperature controlled, positive pressure, filtered air supply, and are readily accessible to employees.

The employer shall assure that employees who work in areas where their airborne exposure to lead is above the PEL without regard to the use of a respirator wash their hands and face prior to eating, drinking, smoking or applying cosmetics.

The employer shall assure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, down draft booth, or other cleaning method.

Lavatories. The employer shall provide an adequate number of lavatory facilities which comply with 1910.141(d)(1) and (2) of this part.

Medical surveillance -

General.

The employer shall institute a medical surveillance program for all employees who are or may be exposed above the action level for more than 30 days per year.

The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician.

The employer shall provide the required medical surveillance including multiple physician review under paragraph (j)(3)(iii) without cost to employees and at a reasonable time and place.

Biological monitoring -

Blood lead and ZPP level sampling and analysis. The employer shall make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under paragraph (j)(1)(i) of this section on the following schedule:

At least every 6 months to each employee covered under paragraph (j)(1)(i) of this section;

At least every two months for each employee whose last blood sampling and analysis indicated a blood lead level at or above 40 ug/100 g of whole blood. This frequency shall continue until two consecutive blood samples and analyses indicate a blood lead level below 40 ug/100 g of whole blood; and

At least monthly during the removal period of each employee removed from exposure to lead due to an elevated blood lead level.

Follow-up blood sampling tests. Whenever the results of a blood lead level test indicate that an employee's blood lead level exceeds the numerical criterion for medical removal under paragraph (k)(1)(i)(A), of this section, the employer shall provide a second (follow-up) blood sampling test within two weeks after the employer receives the results of the first blood sampling test.

Accuracy of blood lead level sampling and analysis. Blood lead level sampling and analysis provided pursuant to this section shall have an accuracy (to a confidence level of 95 percent) within plus or minus 15 percent or 6 ug/100 ml, whichever is greater, and shall be conducted by a laboratory licensed by the Center for Disease Control, United States Department of Health, Education and Welfare (CDC) or which has received a satisfactory grade in blood lead proficiency testing from CDC in the prior twelve months.

Employee notification. Within five working days after the receipt of biological monitoring results, the employer shall notify in writing each employee whose blood lead level exceeds 40 ug/100 g:

of that employee's blood lead level and (B) that the standard requires temporary medical removal with Medical Removal Protection benefits when an employee's blood lead level exceeds the numerical criterion for medical removal under paragraph (k)(1)(i) of this section.

Medical examinations and consultations -

Frequency. The employer shall make available medical examinations and consultations to each employee covered under paragraph (j)(1)(i) of this section on the following schedule:

At least annually for each employee for whom a blood sampling test conducted at any time during the preceding 12 months indicated a blood lead level at or above 40 ug/100 g;

Prior to assignment for each employee being assigned for the first time to an area in which airborne concentrations of lead are at or above the action level;

As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during use; and

As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination.

Content. Medical examinations made available pursuant to paragraph (j)(3)(i)(A)-(B) of this section shall include the following elements:

A detailed work history and a medical history, with particular attention to past lead exposure (occupational and non-occupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic,renal, cardiovascular, reproductive and neurological problems;

A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. Pulmonary status should be evaluated if respiratory protection will be used;

A blood pressure measurement;

A blood sample and analysis which determines:

Blood lead level;

Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology;

Zinc protoporphyrin;

Blood urea nitrogen; and,

Serum creatinine;

A routine urinalysis with microscopic examination; and

Any laboratory or other test which the examining physician deems necessary by sound medical practice. The content of medical examinations made available pursuant to paragraph (j)(3)(i)(C) - (D) of this section shall be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility.

Multiple physician review mechanism.

If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second physician:

To review any findings, determinations or recommendations of the initial physician; and

To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen (15) days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:

The employee informing the employer that he or she intends to seek a second medical opinion, and

The employee initiating steps to make an appointment with a second physician.

If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve any disagreement.

If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician:

To review any findings, determinations or recommendations of the prior physicians; and

To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.

The employer shall act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.

Information provided to examining and consulting physicians.

The employer shall provide an initial physician conducting a medical examination or consultation under this section with the following information:

A copy of this regulation for lead including all Appendices;

A description of the affected employee's duties as they relate to the employee's exposure;

The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);

A description of any personal protective equipment used or to be used;

Prior blood lead determinations; and

All prior written medical opinions concerning the employee in the employer's possession or control.

The employer shall provide the foregoing information to a second or third physician conducting a medical examination or consultation under this section upon request either by the second or third physician, or by the employee.

Written medical opinions.

The employer shall obtain and furnish the employee with a copy of a written medical opinion from each examining or consulting physician which contains the following information:

The physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to lead;

Any recommended special protective measures to be provided to the employee, or limitations to be placed upon the employee's exposure to lead;

Any recommended limitation upon the employee's use of respirators, including a determination of whether the employee can wear a powered air purifying respirator if a physician determines that the employee cannot wear a negative pressure respirator; and

The results of the blood lead determinations.

The employer shall instruct each examining and consulting physician to:

Not reveal either in the written opinion, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and

Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment.

Alternate Physician Determination Mechanisms. The employer and an employee or authorized employee representative may agree upon the use of any expeditious alternate physician determination mechanism in lieu of the multiple physician review mechanism provided by this paragraph so long as the alternate mechanism otherwise satisfies the requirements contained in this paragraph.

Chelation.

The employer shall assure that any person whom he retains, employs, supervises or controls does not engage in prophylactic chelation of any employee at any time.

If therapeutic or diagnostic chelation is to be performed by any person in paragraph (j)(4)(i), the employer shall assure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.

Medical Removal Protection -

Temporary medical removal and return of an employee -

Temporary removal due to elevated blood lead levels -

The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to this section indicate that the employee's blood lead level is at or above 60 ug/100 g of whole blood; and,

The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that the average of the last three blood sampling tests conducted pursuant to this section (or the average of all blood sampling tests conducted over the previous six (6) months, whichever is longer) indicates that the employee's blood lead level is at or above 50 ug/100 g of whole blood; provided, however, that an employee need not be removed if the last blood sampling test indicates a blood lead level at or below 40 ug/100 g of whole blood.

Temporary removal due to a final medical determination.

The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

For the purposes of this section, the phrase "final medical determination" shall mean the outcome of the multiple physician review mechanism or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section.

Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to lead, the employer shall implement and act consistent with the recommendation.

Return of the employee to former job status.

The employer shall return an employee to his or her former job status:

For an employee removed due to a blood lead level at or above 60 ug/100 g, or due to an average blood lead level at or above 50 ug/100 g, when two consecutive blood sampling tests indicate that the employee's blood lead level is at or below 40 ug/100 g of whole blood;

For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

For the purposes of this section, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

Removal of other employee special protective measure or limitations. The employer shall remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.

Employer options pending a final medical determination. Where the multiple physician review mechanism, or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows:

Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status.

Return. The employer may return the employee to his or her former job status, end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions. If -

the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician or

The employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, then the employer shall await a final medical determination.

Medical removal protection benefits -

Provision of medical removal protection benefits. The employer shall provide to an em