OSHA 1910-Subpart A

Occupational Safety and Health Admin., Labor § 1910.
2
31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR (b) Assistant Secretary of Labor means
3912), as applicable. the Assistant Secretary of Labor for
Sections 1910.6, 1910.7, 1910.8 and 1910.9 also
issued under 29 CFR 1911. Section 1910.7(f)
Occupational Safety and Health;
also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, (c) Employer means a person engaged
5 U.S.C. 553; Public Law 106–113 (113 Stat. in a business affecting commerce who
1501A–222); Pub. L. 11–8 and 111–317; and OMB has employees, but does not include
Circular A–25 (dated July 8, 1993) (58 FR the United States or any State or po-
38142, July 15, 1993).
litical subdivision of a State;
(d) Employee means an employee of an
Subpart A—General employer who is employed in a busi-
§ 1910.1 Purpose and scope. ness of his employer which affects com-
merce;
(a) Section 6(a) of the Williams-
(e) Commerce means trade, traffic,
Steiger Occupational Safety and
Health Act of 1970 (84 Stat. 1593) pro- commerce, transportation, or commu-
vides that ‘‘without regard to chapter 5 nication among the several States, or
of title 5, United States Code, or to the between a State and any place outside
other subsections of this section, the thereof, or within the District of Co-
Secretary shall, as soon as practicable lumbia, or a possession of the United
during the period beginning with the States (other than the Trust Territory
effective date of this Act and ending 2 of the Pacific Islands), or between
years after such date, by rule promul- points in the same State but through a
gate as an occupational safety or point outside thereof;
health standard any national (f) Standard means a standard which
concensus standard, and any estab- requires conditions, or the adoption or
lished Federal standard, unless he de- use of one or more practices, means,
termines that the promulgation of such methods, operations, or processes, rea-
a standard would not result in im- sonably necessary or appropriate to
proved safety or health for specifically provide safe or healthful employment
designated employees.’’ The legislative and places of employment;
purpose of this provision is to estab-
(g) National consensus standard means
lish, as rapidly as possible and without
regard to the rule-making provisions of any standard or modification thereof
the Administrative Procedure Act, which (1) has been adopted and promul-
standards with which industries are gated by a nationally recognized stand-
generally familiar, and on whose adop- ards-producing organization under pro-
tion interested and affected persons cedures whereby it can be determined
have already had an opportunity to ex- by the Secretary of Labor or by the As-
press their views. Such standards are sistant Secretary of Labor that persons
either (1) national concensus standards interested and affected by the scope or
on whose adoption affected persons provisions of the standard have reached
have reached substantial agreement, or substantial agreement on its adoption,
(2) Federal standards already estab- (2) was formulated in a manner which
lished by Federal statutes or regula- afforded an opportunity for diverse
tions. views to be considered, and (3) has been
(b) This part carries out the directive designated as such a standard by the
to the Secretary of Labor under section Secretary or the Assistant Secretary,
6(a) of the Act. It contains occupa- after consultation with other appro-
tional safety and health standards priate Federal agencies; and
which have been found to be national (h) Established Federal standard means
consensus standards or established any operative standard established by
Federal standards.
any agency of the United States and in
§ 1910.2 Definitions. effect on April 28, 1971, or contained in
any Act of Congress in force on the
As used in this part, unless the con-
date of enactment of the Williams-
text clearly requires otherwise:
lpowell on DSK54DXVN1OFR with $$_JOB
(a) Act means the Williams-Steiger Steiger Occupational Safety and

Occupational Safety and Health Act of Health Act.
1970 (84 Stat. 1590).
101
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§ 1910.3 29 CFR Ch. XVII (7–1–16 Edition)
§ 1910.3 Petitions for the issuance, and, in addition, may modify or revoke
amendment, or repeal of a stand- any standard in this part 1910. In the
ard. event of conflict among any such
(a) Any interested person may peti- standards, the Assistant Secretary of
tion in writing the Assistant Secretary Labor shall take the action necessary
of Labor to promulgate, modify, or re- to eliminate the conflict, including the
voke a standard. The petition should revocation or modification of a stand-
set forth the terms or the substance of ard in this part, so as to assure the
the rule desired, the effects thereof if greatest protection of the safety or
promulgated, and the reasons therefor. health of the affected employees.
(b)(1) The relevant legislative history
of the Act indicates congressional rec- § 1910.5 Applicability of standards.
ognition of the American National (a) Except as provided in paragraph
Standards Institute and the National (b) of this section, the standards con-
Fire Protection Association as the tained in this part shall apply with re-
major sources of national consensus spect to employments performed in a
standards. National consensus stand- workplace in a State, the District of
ards adopted on May 29, 1971, pursuant Columbia, the Commonwealth of Puer-
to section 6(a) of the Act are from
to Rico, the Virgin Islands, American
those two sources. However, any orga-
Samoa, Guam, Trust Territory of the
nization which deems itself a producer
Pacific Islands, Wake Island, Outer
of national consensus standards, within
Continental Shelf lands defined in the
the meaning of section 3(9) of the Act,
Outer Continental Shelf Lands Act,
is invited to submit in writing to the
Johnston Island, and the Canal Zone.
Assistant Secretary of Labor at any
time prior to February 1, 1973, all rel- (b) None of the standards in this part
evant information which may enable shall apply to working conditions of
the Assistant Secretary to determine employees with respect to which Fed-
whether any of its standards satisfy eral agencies other than the Depart-
the requirements of the definition of ment of Labor, or State agencies act-
‘‘national consensus standard’’ in sec- ing under section 274 of the Atomic En-
tion 3(9) of the Act. ergy Act of 1954, as amended (42 U.S.C.
(2) Within a reasonable time after the 2021), exercise statutory authority to
receipt of a submission pursuant to prescribe or enforce standards or regu-
paragraph (b)(1) of this section, the As- lations affecting occupational safety or
sistant Secretary of Labor shall pub- health.
lish or cause to be published in the (c)(1) If a particular standard is spe-
FEDERAL REGISTER a notice of such cifically applicable to a condition,
submission, and shall afford interested practice, means, method, operation, or
persons a reasonable opportunity to process, it shall prevail over any dif-
present written data, views, or argu- ferent general standard which might
ments with regard to the question otherwise be applicable to the same
whether any standards of the organiza- condition, practice, means, method, op-
tion making the submission are na- eration, or process. For example,
tional consensus standards. § 1915.23(c)(3) of this title prescribes
personal protective equipment for cer-
§ 1910.4 Amendments to this part. tain ship repairmen working in speci-
(a) The Assistant Secretary of Labor fied areas. Such a standard shall apply,
shall have all of the authority of the and shall not be deemed modified nor
Secretary of Labor under sections 3(9) superseded by any different general
and 6(a) of the Act. standard whose provisions might other-
(b) The Assistant Secretary of Labor wise be applicable, to the ship repair-
may at any time before April 28, 1973, men working in the areas specified in
on his own motion or upon the written § 1915.23(c)(3).
petition of any person, by rule promul- (2) On the other hand, any standard
gate as a standard any national con- shall apply according to its terms to
sensus standard and any established any employment and place of employ-
Federal standard, pursuant to and in ment in any industry, even though par-
accordance with section 6(a) of the Act, ticular standards are also prescribed
102
Occupational Safety and Health Admin., Labor § 1910.6
for the industry, as in subpart B or sub- of the Federal Register in accordance

part R of this part, to the extent that with 5 U.S.C. 552(a) and 1 CFR part 51.
none of such particular standards ap- (4) Copies of standards listed in this
plies. To illustrate, the general stand- section and issued by private standards
ard regarding noise exposure in § 1910.95 organizations are available for pur-
applies to employments and places of chase from the issuing organizations at
employment in pulp, paper, and paper- the addresses or through the other con-
board mills covered by § 1910.261. tact information listed below for these
(d) In the event a standard protects private standards organizations. In ad-
on its face a class of persons larger
dition, these standards are available
than employees, the standard shall be
for inspection at any Regional Office of
applicable under this part only to em-
the Occupational Safety and Health
ployees and their employment and
places of employment. Administration (OSHA), or at the
(e) [Reserved] OSHA Docket Office, U.S. Department
(f) An employer who is in compliance of Labor, 200 Constitution Avenue NW.,
with any standard in this part shall be Room N–2625, Washington, DC 20210;
deemed to be in compliance with the telephone: 202–693–2350 (TTY number:
requirement of section 5(a)(1) of the 877–889–5627). They are also available
Act, but only to the extent of the con- for inspection at the National Archives
dition, practice, means, method, oper- and Records Administration (NARA).
ation, or process covered by the stand- For information on the availability of
ard. these standards at NARA, telephone:
202–741–6030, or go to http://
[39 FR 23502, June 27, 1974, as amended at 58
FR 35308, June 30, 1993] www.archives.gov/federallregister/
codeloflfederallregulations/
§ 1910.6 Incorporation by reference. ibrllocations.html.
(a)(1) The standards of agencies of (b) The following material is avail-
the U.S. Government, and organiza- able for purchase from the American
tions which are not agencies of the Conference of Governmental Industrial
U.S. Government which are incor- Hygienists (ACGIH), 1014 Broadway,
porated by reference in this part, have Cincinnati OH 45202:
the same force and effect as other (1) ‘‘Industrial Ventilation: A Manual
standards in this part. Only the manda- of Recommended Practice’’ (22nd ed.,
tory provisions (i.e., provisions con- 1995), incorporation by reference (IBR)
taining the word ‘‘shall’’ or other man- approved for § 1910.124(b)(4)(iii).
datory language) of standards incor- (2) Threshold Limit Values and Bio-
porated by reference are adopted as logical Exposure Indices for 1986–87
standards under the Occupational Safe- (1986), IBR approved for § 1910.120, PEL
ty and Health Act. definition.
(2) Any changes in the standards in- (c) The following material is avail-
corporated by reference in this part able for purchase from the American
and an official historic file of such Society of Agricultural Engineers
changes are available for inspection in (ASAE), 2950 Niles Road, Post Office
the Docket Office at the national office Box 229, St. Joseph, MI 49085:
of the Occupational Safety and Health (1) ASAE Emblem for Identifying
Administration, U.S. Department of
Slow Moving Vehicles, ASAE S276.2
Labor, Washington, DC 20910; tele-
(1968), IBR approved for § 1910.145(d)(10).
phone: 202–693–2350 (TTY number: 877–
889–5627). (2) [Reserved]
(3) The materials listed in paragraphs (d) The following material is avail-
(b) through (w) of this section are in- able for purchase from the Agriculture
corporated by reference in the cor- Ammonia Institute-Rubber Manufac-
responding sections noted as they exist turers (AAI-RMA) Association, 1400 K
on the date of the approval, and a no- St. NW, Washington DC 20005:
tice of any change in these materials (1) AAI-RMA Specifications for An-
will be published in the FEDERAL REG- hydrous Ammonia Hose, IBR approved
ISTER. These incorporations by ref- for § 1910.111(b)(8)(i).
erence were approved by the Director (2) [Reserved]
103
(e) Except as noted, copies of the (16) ANSI B15.1–53 (R 58) Safety Code
standards listed below in this para- for Mechanical Power Transmission
graph are available for purchase from Apparatus, IBR approved for
the American National Standards In- §§ 1910.68(b)(4) and 1910.261 (a)(3)(ix),
stitute (ANSI), 25 West 43rd Street, 4th (b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv),
Floor, New York, NY 10036; telephone: (k)(12), and (l)(3).
212–642–4900; fax: 212–398–0023; Web site: (17) ANSI B20.1–57 Safety Code for
http://www.ansi.org. Conveyors, Cableways, and Related
(1)–(2) [Reserved] Equipment, IBR approved for
(3) ANSI A11.1–65 (R 70) Practice for §§ 1910.218(j)(3); 1910.261 (a)(3)(x), (b)(1),
Industrial Lighting, IBR approved for (c)(15)(iv), (f)(4), and (j)(2);
§§ 1910.219(c)(5)(iii); 1910.261 (a)(3)(i), 1910.265(c)(18)(i).
(c)(10), and (k)(21); and 1910.265(c)(2). (18) ANSI B30.2–43 (R 52) Safety Code
(4) ANSI A11.1–65 Practice for Indus- for Cranes, Derricks, and Hoists, IBR
trial Lighting, IBR approved for approved for § 1910.261 (a)(3)(xi),
§§ 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
(c)(2)(vi), and (c)(8) (i) and (iv).
(5) [Reserved]
(19) ANSI B30.2.0–67 Safety Code for
(6) ANSI A13.1–56 Scheme for the
Identification of Piping Systems, IBR Overhead and Gantry Cranes, IBR ap-
approved for §§ 1910.253(d)(4)(ii); proved for §§ 1910.179(b)(2); 1910.261
1910.261(a)(3)(iii); 1910.262(c)(7). (a)(3)(xii), (c)(2)(v), and (c)(8) (i) and
(7) ANSI A14.1–68 Safety Code for (iv).
Portable Wood Ladders, Supplemented (20) ANSI B30.5–68 Safety Code for
by ANSI A14.1a–77, IBR approved for Crawler, Locomotive, and Truck
§ 1910.261 (a)(3)(iv) and (c)(3)(i). Cranes, IBR approved for
(8) ANSI A14.2–56 Safety Code for §§ 1910.180(b)(2) and 1910.261(a)(3)(xiii).
Portable Metal Ladders, Supplemented (21) ANSI B30.6–69 Safety Code for
by ANSI A14.2a–77, IBR approved for Derricks, IBR approved for
§ 1910.261 (a)(3)(v) and (c)(3)(i). §§ 1910.181(b)(2) and 1910.268(j)(4)(iv) (E)
(9) ANSI A14.3–56 Safety Code for and (H).
Fixed Ladders, IBR approved for (22) ANSI B31.1–55 Code for Pressure
§§ 1910.68(b) (4) and (12); 1910.179(c)(2); Piping, IBR approved for
and 1910.261 (a)(3)(vi) and (c)(3)(i). § 1910.261(g)(18)(iii).
(10) ANSI A17.1–65 Safety Code for (23) ANSI B31.1–67, IBR approved for
Elevators, Dumbwaiters and Moving § 1910.253(d)(1)(i)(A)
Walks, Including Supplements, A17.1a (24) ANSI B31.1a–63 Addenda to ANSI
(1967); A17.1b (1968); A17.1c (1969); A17.1d B31.1 (1955), IBR approved for
(1970), IBR approved for § 1910.261 § 1910.261(g)(18)(iii).
(a)(3)(vii), (g)(11)(i), and (l)(4). (25) ANSI B31.1–67 and Addenda B31.1
(11) ANSI A17.2–60 Practice for the (1969) Code for Pressure Piping, IBR ap-
Inspection of Elevators, Including Sup-
proved for §§ 1910.103(b)(1)(iii)(b);
plements, A17.2a (1965), A17.2b (1967),
1910.104(b)(5)(ii); 1910.218 (d)(4) and
IBR approved for § 1910.261(a)(3)(viii).
(e)(1)(iv); and 1910.261 (a)(3)(xiv) and
(12) ANSI A90.1–69 Safety Standard
(g)(18)(iii).
for Manlifts, IBR approved for
§ 1910.68(b)(3). (26) ANSI B31.2–68 Fuel Gas Piping,
(13) ANSI A92.2–69 Standard for Vehi- IBR approved for § 1910.261(g)(18)(iii).
cle Mounted Elevating and Rotating (27) ANSI B31.3–66 Petroleum Refin-
Work Platforms, IBR approved for ery Piping, IBR approved for
§ 1910.67 (b)(1), (2), (c)(3), and (4) and § 1910.103(b)(3)(v)(b).
1910.268(s)(1)(v). (28) ANSI B31.5–66 Addenda B31.5a
(14) ANSI A120.1–70 Safety Code for (1968) Refrigeration Piping, IB ap-
Powered Platforms for Exterior Build- proved for §§ 1910.103(b)(3)(v)(b) and
ing Maintenance, IBR approved for 1910.111(b)(7)(iii).
§ 1910.66 app. D (b) through (d). (29) ANSI B56.1–69 Safety Standard
(15) ANSI B7.1–70 Safety Code for the for Powered Industrial Trucks, IBR ap-
Use, Care and Protection of Abrasive proved for §§ 1910.178(a) (2) and (3) and
Wheels, IBR approved for 1910.261 (a)(3)(xv), (b)(6), (m)(2), and
§§ 1910.215(b)(12) and 1910.218(j). (m)(5)(iii).
104
(30) ANSI B57.1–65 Compressed Gas (49) ANSI Z9.1–51 Safety Code for
Cylinder Valve Outlet and Inlet Con- Ventilation and Operation of Open Sur-
nections, IBR approved for face Tanks, IBR approved for
§ 1910.253(b)(1)(iii). 1910.261(a)(3)(xix), (g)(18)(v), and
(31) [Reserved] (h)(2)(i).
(32) ANSI B175.1–1991, Safety Require- (50) ANSI Z9.1–71 Practices for Ven-
ments for Gasoline-Powered Chain tilation and Operation of Open-Surface
Saws 1910.266(e)(2)(i). Tanks, IBR approved for
(33) [Reserved] § 1910.124(b)(4)(iv).
(34) ANSI C33.2–56 Safety Standard (51) ANSI Z9.2–60 Fundamentals Gov-
for Transformer-Type Arc Welding Ma- erning the Design and Operation of
chines, IBR approved for § 1910.254(b)(1). Local Exhaust Systems, IBR approved
(35) [Reserved] for §§ 1910.94(a)(4)(i) introductory text,
(36) ANSI H23.1–70 Seamless Copper (a)(6) introductory text, (b)(3)(ix),
Water Tube Specification, IBR ap- (b)(4)(i) and (ii), (c)(3)(i) introductory
proved for § 1910.110(b) (8)(ii) and text, (c)(5)(iii)(b), and (c)(7)(iv)(a);
(13)(ii)(b)(1). 1910.261(a)(3)(xx), (g)(1)(i) and (iii), and
(37) ANSI H38.7–69 Specification for (h)(2)(ii).
Aluminum Alloy Seamless Pipe and (52) ANSI Z9.2–79 Fundamentals Gov-
Seamless Extruded Tube, IBR approved erning the Design and Operation of
for § 1910.110(b)(8)(i). Local Exhaust Systems, IBR approved
(38) ANSI J6.4–71 Standard Specifica- for § 1910.124(b)(4)(i).
tion for Rubber Insulating Blankets,
(53) ANSI Z12.12–68 Standard for the
IBR approved for § 1910.268 (f)(1) and
Prevention of Sulfur Fires and Explo-
(n)(11)(v).
sions, IBR approved for § 1910.261
(39) ANSI J6.6–71 Standard Specifica-
(a)(3)(xxi), (d)(1)(i), (f)(2)(iv), and
tion for Rubber Insulating Gloves, IBR
(g)(1)(i).
approved for § 1910.268 (f)(1) and
(54) ANSI Z12.20–62 (R 69) Code for the
(n)(11)(iv).
Prevention of Dust Explosions in
(40) ANSI K13.1–67 Identification of
Woodworking and Wood Flour Manu-
Gas Mask Canisters, IBR approved for
facturing Plants, IBR approved for
§ 1910.261 (a)(3)(xvi) and (h)(2)(iii).
§ 1910.265(c)(20)(i).
(41) ANSI K61.1–60 Safety Require-
ments for the Storage and Handling of (55) ANSI Z21.30–64 Requirements for
Anhydrous Ammonia, IBR approved for Gas Appliances and Gas Piping Instal-
§ 1910.111(b)(11)(i). lations, IBR approved for
(42) ANSI K61.1–66 Safety Require- § 1910.265(c)(15).
ments for the Storage and Handling of (56) ANSI Z24.22–57 Method of Meas-
Anhydrous Ammonia, IBR approved for urement of Real-Ear Attenuation of
§ 1910.111(b)(11)(i). Ear Protectors at Threshold, IBR ap-
(43) ANSI O1.1–54 (R 61) Safety Code proved for § 1910.261(a)(3)(xxii).
for Woodworking Machinery, IBR ap- (57) ANSI Z33.1–61 Installation of
proved for § 1910.261 (a)(3)(xvii), (e)(7), Blower and Exhaust Systems for Dust,
and (i)(2). Stock, and Vapor Removal or Con-
(44) ANSI S1.4–71 (R 76) Specification veying, IBR approved for
for Sound Level Meters, IBR approved §§ 1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii)
for § 1910.95 appendixes D and I. and (f)(5); and 1910.265(c)(20)(i).
(45) ANSI S1.11–71 (R 76) Specification (58) ANSI Z33.1–66 Installation of
for Octave, Half-Octave and Third-Oc- Blower and Exhaust Systems for Dust,
tave Band Filter Sets, IBR approved Stock, and Vapor Removal or Con-
for § 1910.95 appendix D. veying, IBR approved for
(46) ANSI S3.6–69 Specifications for § 1910.94(a)(2)(ii).
Audiometers, IBR approved for (59) ANSI Z35.1–1968, Specifications
§ 1910.95(h)(2) and (5)(ii) and appendix D. for Accident Prevention Signs; IBR ap-
(47) ANSI Z4.1–68 Requirements for proved for § 1910.261(c). Copies available
Sanitation in Places of Employment, for purchase from the IHS Standards
IBR approved for § 1910.261 (a)(3)(xviii) Store, 15 Inverness Way East, Engle-
and (g)(15)(vi). wood, CO 80112; telephone: 1–877–413–
(48) [Reserved] 5184; Web site: www.global.ihs.com.
105
(60) ANSI Z41–1999, American Na- (ii) IHS Standards Store, 15 Inverness
tional Standard for Personal Protec- Way East, Englewood, CO 80112; tele-
tion—Protective Footwear; IBR ap- phone: 877–413–5184; Web site:
proved for § 1910.136(b)(1)(ii). Copies of www.global.ihs.com; or
ANSI Z41–1999 are available for pur- (iii) TechStreet Store, 3916 Ranchero
chase only from the National Safety Dr., Ann Arbor, MI 48108; telephone:
Council, P.O. Box 558, Itasca, IL 60143– 877–699–9277; Web site:
0558; telephone: 1–800–621–7619; fax: 708– www.techstreet.com.
285–0797; Web site: http://www.nsc.org. (68) ANSI Z54.1–63 Safety Standard
(61) ANSI Z41–1991, American Na- for Non-Medical X-Ray and Sealed
tional Standard for Personal Protec- Gamma Ray Sources, IBR approved for
tion—Protective Footwear; IBR ap- § 1910.252(d) (1)(vii) and (2)(ii).
proved for § 1910.136(b)(1)(iii). Copies of (69) ANSI/ISEA Z87.1–2010, Occupa-
ANSI Z41–1991 are available for pur- tional and Educational Personal Eye
chase only from the National Safety and Face Protection Devices, Approved
Council, P.O. Box 558, Itasca, IL 60143– April 13, 2010; IBR approved for
0558; telephone: 1–800–621–7619; fax: 708– § 1910.133(b). Copies are available for
285–0797; Web site: http://www.nsc.org. purchase from:
(62)–(63) [Reserved] (i) American National Standards In-
(64) ANSI Z49.1–67 Safety in Welding stitute’s e-Standards Store, 25 W 43rd
and Cutting, IBR approved for Street, 4th Floor, New York, NY 10036;
§ 1910.252(c)(1)(iv) (A) and (B). telephone: (212) 642–4980; Web site:
(65) USAS Z53.1–1967 (also referred to http://webstore.ansi.org/;
as ANSI Z53.1–1967), Safety Color Code (ii) IHS Standards Store, 15 Inverness
for Marking Physical Hazards, ANSI Way East, Englewood, CO 80112; tele-
approved October 9, 1967; IBR approved phone: (877) 413–5184; Web site: http://
for § 1910.97(a) and 1910.145(d). Copies global.ihs.com; or
available for purchase from the IHS (iii) TechStreet Store, 3916 Ranchero
Standards Store, 15 Inverness Way Dr., Ann Arbor, MI 48108; telephone:
East, Englewood, CO 80112; telephone: (877) 699–9277; Web site: http://
1–877–413–5184; Web site: techstreet.com.
www.global.ihs.com. (70) ANSI Z87.1–2003, Occupational
(66) ANSI Z535.1–2006 (R2011), Safety and Educational Eye and Face Per-
Colors, reaffirmed July 19, 2011; IBR ap- sonal Protection Devices Approved
proved for §§ 1910.97(a) and 1910.145(d). June 19, 2003; IBR approved for
Copies available for purchase from the: §§ 1910.133(b). Copies available for pur-
(i) American National Standards In- chase from the:
stitute’s e-Standards Store, 25 W 43rd (i) American National Standards In-
Street, 4th Floor, New York, NY 10036; stitute’s e-Standards Store, 25 W 43rd
telephone: 212–642–4980; Web site: http:// Street, 4th Floor, New York, NY 10036;
webstore.ansi.org/; telephone: (212) 642–4980; Web site:
(ii) IHS Standards Store, 15 Inverness http://webstore.ansi.org/;
Way East, Englewood, CO 80112; tele- (ii) IHS Standards Store, 15 Inverness
phone: 877–413–5184; Web site: Way East, Englewood, CO 80112; tele-
www.global.ihs.com; or phone: (877) 413–5184; Web site: http://
(iii) TechStreet Store, 3916 Ranchero global.ihs.com; or
Dr., Ann Arbor, MI 48108; telephone: (iii) TechStreet Store, 3916 Ranchero
877–699–9277; Web site: Dr., Ann Arbor, MI 48108; telephone:
www.techstreet.com. (877) 699–9277; Web site: http://
(67) ANSI Z535.2–2011, Environmental techstreet.com.
and Facility Safety Signs, published (71) ANSI Z87.1–1989 (R–1998), Practice
September 15, 2011; IBR approved for for Occupational and Educational Eye
§ 1910.261(c). Copies available for pur- and Face Protection, Reaffirmation ap-
chase from the: proved January 4, 1999; IBR approved
(i) American National Standards In- for § 1910.133(b). Copies are available for
stitute’s e-Standards Store, 25 W 43rd purchase from:
Street, 4th Floor, New York, NY 10036; (i) American National Standards In-
telephone: 212–642–4980; Web site: http:// stitute’s e-Standards Store, 25 W 43rd
webstore.ansi.org/; Street, 4th Floor, New York, NY 10036;
106
telephone: (212) 642–4980; Web site: (78) ANSI Z89.1–1969 Safety Require-
http://webstore.ansi.org/; ments for Industrial Head Protection;
(ii) IHS Standards Store, 15 Inverness IBR approved for § 1910.261(a)(3)(xxvii),
Way East, Englewood, CO 80112; tele- (b)(2), (g)(15)(v), and (i)(4).
phone: (877) 413–5184; Web site: http:// (79) ANSI Z89.2–1971 Safety Require-
global.ihs.com; or ments for Industrial Protective Hel-
(iii) TechStreet Store, 3916 Ranchero mets for Electrical Workers, Class B;
Dr., Ann Arbor, MI 48108; telephone: IBR approved for § 1910.268(i)(1).
(877) 699–9277; Web site: http:// (f) The following material is avail-
techstreet.com. able for purchase from the American
(72) ANSI Z88.2–1969, Practices for Petroleum Institute (API), 1220 L
Respiratory Protection; IBR approved Street NW, Washington DC 20005:
for §§ 1910.94(c)(6)(iii)(a), 1910.134(c); and (1) [Reserved]
1910.261(a)(3)(xxvi), (b)(2), (f)(5), (2) API 12B (May 1958) Specification
(g)(15)(v), (h)(2)(iii), (h)(2)(iv), and (i)(4). for Bolted Production Tanks, 11th Ed.,
With Supplement No. 1, Mar. 1962, IBR
(73) American National Standards In-
approved for § 1910.106(b)(1)(i)(a)(3).
stitute (ANSI) Z89.1–2009, American Na-
(3) API 12D (Aug. 1957) Specification
tional Standard for Industrial Head
for Large Welded Production Tanks,
Protection, approved January 26, 2009;
7th Ed., IBR approved for
IBR approved for § 1910.135(b)(1)(i). Cop-
§ 1910.106(b)(1)(i)(a)(3).
ies of ANSI Z89.1–2009 are available for
(4) API 12F (Mar. 1961) Specification
purchase only from the International
for Small Welded Production Tanks,
Safety Equipment Association, 1901
5th Ed., IBR approved for
North Moore Street, Arlington, VA § 1910.106(b)(1)(i)(a)(3).
22209–1762; telephone: 703–525–1695; fax: (5) API 620, Fourth Ed. (1970) Includ-
703–528–2148; Web site: ing appendix R, Recommended Rules
www.safetyequipment.org. for Design and Construction of Large
(74) American National Standards In- Welded Low Pressure Storage Tanks,
stitute (ANSI) Z89.1–2003, American Na- IBR approved for §§ 1910.103(c)(1)(i)(a);
tional Standard for Industrial Head 1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1)
Protection; IBR approved for (ii) and (iii).
§ 1910.135(b)(1)(ii). Copies of ANSI Z89.1– (6) API 650 (1966) Welded Steel Tanks
2003 are available for purchase only for Oil Storage, 3rd Ed., IBR approved
from the International Safety Equip- for § 1910.106(b)(1)(iii)(a)(2).
ment Association, 1901 North Moore (7) API 1104 (1968) Standard for Weld-
Street, Arlington, VA 22209–1762; tele- ing Pipelines and Related Facilities,
phone: 703–525–1695; fax: 703–528–2148; IBR approved for § 1910.252(d)(1)(v).
Web site: www.safetyequipment.org. (8) API 2000 (1968) Venting Atmos-
(75) American National Standards In- pheric and Low Pressure Storage
stitute (ANSI) Z89.1–1997, American Na- Tanks, IBR approved for
tional Standard for Personnel Protec- § 1910.106(b)(2)(iv)(b)(1).
tion—Protective Headwear for Indus- (9) API 2201 (1963) Welding or Hot
trial Workers—Requirements; IBR ap- Tapping on Equipment Containing
proved for § 1910.135(b)(1)(iii). Copies of Flammables, IBR approved for
ANSI Z89.1–1997 are available for pur- § 1910.252(d)(1)(vi).
chase only from the International Safe- (g) The following material is avail-
ty Equipment Association, 1901 North able for purchase from the American
Moore Street, Arlington, VA 22209–1762; Society of Mechanical Engineers
telephone: 703–525–1695; fax: 703–528– (ASME), United Engineering Center,
2148; Web site: www.safetyequipment.org. 345 East 47th Street, New York, NY
(76) ANSI Z41.1–1967 Men’s Safety Toe 10017:
Footwear; IBR approved for (1) ASME Boiler and Pressure Vessel
§ 1910.261(i)(4). Code, Sec. VIII, 1949, 1950, 1952, 1956,
(77) ANSI Z87.1–1968 Practice of Occu- 1959, and 1962 Ed., IBR approved for
pational and Educational Eye and Face §§ 1910.110 (b)(10)(iii) (Table H–26), (d)(2)
Protection; IBR approved for (Table H–31); (e)(3)(i) (Table H–32),

§ 1910.261(a)(3)(xxv), (d)(1)(ii), (f)(5), (h)(2) (Table H–34); and
(g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4). 1910.111(b)(2)(vi);
107
(2) ASME Code for Pressure Vessels, (6) ASTM B 88–66A, Seamless Copper
1968 Ed., IBR approved for Water Tube, IBR approved for § 1910.252.
§§ 1910.106(i)(3)(i); 1910.110(g)(2)(iii)(b)(2); (7) ASTM B 88–69, Seamless Copper
and 1910.217(b)(12); Water Tube, IBR approved for § 1910.110.
(3) ASME Boiler and Pressure Vessel (8) ASTM B 117–64, Salt Spray (Fog)
Code, Sec. VIII, 1968, IBR approved for Test, IBR approved for § 1910.268.
§§ 1910.103; 1910.104(b)(4)(ii); 1910.106 (9) ASTM B 210–68, Aluminum-Alloy
(b)(1)(iv)(b)(2) and (i)(3)(ii); 1910.107; Drawn Seamless Tubes, IBR approved
1910.110(b)(11) (i)(b) and (iii)(a)(1); for § 1910.110.
1910.111(b)(2) (i), (ii), and (iv); and (10) ASTM B 241–69, Standard Speci-
1910.169(a)(2) (i) and (ii); fications for Aluminum-Alloy Seamless
(4) ASME Boiler and Pressure Vessel Pipe and Seamless Extruded Tube, IBR
Code, Sec. VIII, Paragraph UG–84, 1968, approved for § 1910.110.
IBR approved for § 1910.104 (b)(4)(ii) and (11) ASTM D 5–65, Test for Penetra-
(b)(5)(iii); tion by Bituminous Materials, IBR ap-
(5) ASME Boiler and Pressure Vessel proved for § 1910.106.
Code, Sec. VIII, Unfired Pressure Ves- (12) ASTM D 56–70, Test for Flash
sels, Including Addenda (1969), IBR ap- Point by Tag Closed Tester, IBR ap-
proved for §§ 1910.261; 1910.262; proved for § 1910.106.
1910.263(i)(24)(ii); (13) ASTM D 56–05, Standard Test
(6) Code for Unfired Pressure Vessels Method for Flash Point by Tag Closed
for Petroleum Liquids and Gases of the Cup Tester, Approved May 1, 2005, IBR
API and the ASME, 1951 Ed., IBR ap- approved for Appendix B to § 1910.1200.
proved for § 1910.110(b)(3)(iii); and (14) ASTM D 86–62, Test for Distilla-
tion of Petroleum Products, IBR ap-
(7) ASME B56.6–1992 (with addenda),
proved for §§ 1910.106 and 1910.119.
Safety Standard for Rough Terrain
(15) ASTM D 86–07a, Standard Test
Forklift Trucks, IBR approved for
Method for Distillation of Petroleum
§ 1910.266(f)(4).
Products at Atmospheric Pressure, Ap-
(h) Copies of the standards listed proved April 1, 2007, IBR approved for
below in this paragraph (h) are avail- Appendix B to § 1910.1200.
able for purchase from ASTM Inter- (16) ASTM D 88–56, Test for Saybolt
national, 100 Barr Harbor Drive, P.O. Viscosity, IBR approved for § 1910.106.
Box C700, West Conshohocken, PA (17) ASTM D 93–71, Test for Flash
19428–2959; Telephone: 610–832–9585; Fax: Point by Pensky Martens, IBR ap-
610–832–9555; Email: seviceastm.org; Web proved for § 1910.106.
site: http://www.astm.org. Copies of his- (18) ASTM D 93–08, Standard Test
torical standards or standards that Methods for Flash Point by Pensky-
ASTM does not have may be purchased Martens Closed Cup Tester, Approved
from Information Handling Services, Oct. 15, 2008, IBR approved for Appen-
Global Engineering Documents, 15 In- dix B to § 1910.1200.
verness Way East, Englewood, CO 80112; (19) ASTM D 240–02 (Reapproved 2007),
Telephone: 1–800–854–7179; Email: Standard Test Method for Heat of Com-
global@ihs.com; Web sites: http://glob- bustion of Liquid Hydrocarbon Fuels
al.ihs.com or http://www.store.ihs.com. by Bomb Calorimeter, Approved May 1,
(1) ASTM A 47–68, Malleable Iron 2007, IBR approved for Appendix B to
Castings, IBR approved for § 1910.111. § 1910.1200.
(2) ASTM A 53–69, Welded and Seam- (20) ASTM D 323–68, Standard Test
less Steel Pipe, IBR approved for Method of Test for Vapor Pressure of
§§ 1910.110 and 1910.111. Petroleum Products (Reid Method),
(3) ASTM A 126–66, Gray Iron Casting IBR approved for § 1910.106.
for Valves, Flanges and Pipe Fitting, (21) ASTM D 445–65, Test for Vis-
IBR approved for § 1910.111. cosity of Transparent and Opaque Liq-
(4) ASTM A 391–65 (ANSI G61.1–1968), uids, IBR approved for § 1910.106.
Alloy Steel Chain, IBR approved for (22) ASTM D 1078–05, Standard Test
§ 1910.184. Method for Distillation Range of Vola-
(5) ASTM A 395–68, Ductile Iron for tile Organic Liquids, Approved May 15,
Use at Elevated Temperatures, IBR ap- 2005, IBR approved for Appendix B to
proved for § 1910.111. § 1910.1200.
108
(23) ASTM D 1692–68, Test for Flam- (k) The following material is avail-
mability of Plastic Sheeting and Cel- able for purchase from the Compressed
lular Plastics, IBR approved for Gas Association (CGA), 1235 Jefferson
§ 1910.103. Davis Highway, Arlington, VA 22202:
(24) ASTM D 2161–66, Conversion Ta- (1) CGA C–6 (1968) Standards for Vis-
bles for SUS, IBR approved for ual Inspection of Compressed Gas Cyl-
§ 1910.106. inders, IBR approved for § 1910.101(a).
(25) ASTM D 3278–96 (Reapproved (2) CGA C–8 (1962) Standard for Re-
2004) E1, Standard Test Methods for qualification of ICC–3HT Cylinders,
Flash Point of Liquids by Small Scale IBR approved for § 1910.101(a).
Closed-Cup Apparatus, Approved No- (3) CGA G–1–2009 Acetylene, Twelfth
vember 1, 2004, IBR approved for Ap- Edition, IBR approved for § 1910.102(a).
pendix B to § 1910.1200. Copies of CGA Pamphlet G–1–2009 are
(26) ASTM D 3828–07a, Standard Test available for purchase from the: Com-
Methods for Flash Point by Small pressed Gas Association, Inc., 4221
Scale Closed Cup Tester, Approved Walney Road, 5th Floor, Chantilly, VA
July 15, 2007, IBR approved for Appen- 20151; telephone: (703) 788–2700; fax: (703)
dix B to § 1910.1200. 961–1831; email: cga@cganet.com.
(27) ASTM F–2412–2005, Standard Test (4) CGA G–7.1 (1966) Commodity Spec-
Methods for Foot Protection, IBR ap- ification, IBR approved for
proved for § 1910.136. § 1910.134(d)(1).
(28) ASTM F–2413–2005, Standard (5) CGA G–8.1 (1964) Standard for the
Specification for Performance Require- Installation of Nitrous Oxide Systems
ments for Protective Footwear, IBR at Consumer Sites, IBR approved for
approved for § 1910.136. § 1910.105.
(i) The following material is avail- (6) CGA P–1 (1965) Safe Handling of
able for purchase from the American Compressed Gases, IBR approved for
Welding Society (AWS), 550 NW, § 1910.101(b).
LeJeune Road, P.O. Box 351040, Miami (7) CGA P–3 (1963) Specifications,
FL 33135: Properties, and Recommendations for
Packaging, Transportation, Storage
(1)–(2) [Reserved]
and Use of Ammonium Nitrate, IBR ap-
(3) AWS B3.0–41 Standard Qualifica-
proved for § 1910.109(i)(1)(ii)(b).
tion Procedure, IBR approved for
(8) CGA S–1.1 (1963) and 1965 Addenda.
§ 1910.67(c)(5)(i).
Safety Release Device Standards—Cyl-
(4) AWS D1.0–1966 Code for Welding in inders for Compressed Gases, IBR ap-
Building Construction, IBR approved proved for §§ 1910.101(c);
for § 1910.27(b)(6). 1910.103(c)(1)(iv)(a)(2).
(5) AWS D2.0–69 Specifications for (9) CGA S–1.2 (1963) Safety Release
Welding Highway and Railway Bridges, Device Standards, Cargo and Portable
IBR approved for § 1910.67(c)(5)(iv). Tanks for Compressed Gases, IBR ap-
(6) AWS D8.4–61 Recommended Prac- proved for §§ 1910.101(c);
tices for Automotive Welding Design, 1910.103(c)(1)(iv)(a)(2).
IBR approved for § 1910.67(c)(5)(ii). (10) CGA S–1.3 (1959) Safety Release
(7) AWS D10.9–69 Standard Qualifica- Device Standards-Compressed Gas
tion of Welding Procedures and Weld- Storage Containers, IBR approved for
ers for Piping and Tubing, IBR ap- §§ 1910.103(c)(1)(iv)(a)(2);
proved for § 1910.67(c)(5)(iii). 1910.104(b)(6)(iii); and
(j) The following material is avail- 1910.111(d)(4)(ii)(b).
able for purchase from the Department (11) CGA 1957 Standard Hose Connec-
of Commerce: tion Standard, IBR approved for
(1) Commercial Standard, CS 202–56 § 1910.253(e) (4)(v) and (5)(iii).
(1961) ‘‘Industrial Lifts and Hinged (12) CGA and RMA (Rubber Manufac-
Loading Ramps,’’ IBR approved for turer’s Association) Specification for
§ 1910.30(a)(3). Rubber Welding Hose (1958), IBR ap-
(2) Publication ‘‘Model Performance proved for § 1910.253(e)(5)(i).
Criteria for Structural Fire Fighters’ (13) CGA 1958 Regulator Connection
Helmets,’’ IBR approved for Standard, IBR approved for § 1910.253(e)
§ 1910.156(e)(5)(i). (4)(iv) and (6).
109
(l) The following material is avail- bustible Material, IBR approved for
able for purchase from the Crane Man- § 1910.94(c)(2).
ufacturer’s Association of America, (4) NFPA 34–1966 Standard for Dip
Inc. (CMAA), 1 Thomas Circle NW, Tanks Containing Flammable or Com-
Washington DC 20005: bustible Liquids, IBR approved for
(1) CMAA Specification 1B61, Speci- § 1910.124(b)(4)(iv).
fications for Electric Overhead Trav- (5) NFPA 34–1995 Standard for Dip
eling Cranes, IBR approved for Tanks Containing Flammable or Com-
§ 1910.179(b)(6)(i). bustible Liquids, IBR approved for
(2) [Reserved] § 1910.124(b)(4)(ii).
(m) The following material is avail- (6) NFPA 35–1970 Standard for the
able for purchase from the General Manufacture of Organic Coatings, IBR
Services Administration: approved for § 1910.106(j)(6)(ii).
(1) GSA Pub. GG-B–0067b, Air Com- (7) NFPA 36–1967 Standard for Sol-
pressed for Breathing Purposes, or In- vent Extraction Plants, IBR approved
terim Federal Specifications, Apr. 1965, for § 1910.106(j)(6)(iii).
IBR approved for § 1910.134(d)(4). (8) NFPA 37–1970 Standard for the In-
(2) [Reserved] stallation and Use of Stationary Com-
(n) The following material is avail- bustion Engines and Gas Turbines, IBR
able for purchase from the Department approved for §§ 1910.106(j)(6)(iv) and
of Health and Human Services: 1910.110 (b)(20)(iv)(c) and (e)(11).
(1) Publication No. 76–120 (1975), List (9) NFPA 51B–1962 Standard for Fire
of Personal Hearing Protectors and At- Protection in Use of Cutting and Weld-
tenuation Data, IBR approved for ing Processes, IBR approved for
§ 1910.95 App. B. § 1910.252(a)(1) introductory text.
(2) [Reserved] (10) NFPA 54–1969 Standard for the
(o) The following material is avail- Installation of Gas Appliances and Gas
able for purchase from the Institute of Piping, IBR approved for
Makers of Explosives (IME), 420 Lex- § 1910.110(b)(20)(iv)(a).
ington Avenue, New York, NY 10017: (11) NFPA 54A–1969 Standard for the
(1) IME Pamphlet No. 17, 1960, Safety Installation of Gas Piping and Gas
in the Handling and Use of Explosives, Equipment on Industrial Premises and
IBR approved for §§ 1910.261 (a)(4)(iii) Certain Other Premises, IBR approved
and (c)(14)(ii). for § 1910.110(b)(20)(iv)(b).
(2) [Reserved] (12) NFPA 58–1969 Standard for the
(p) The following material is avail- Storage and Handling of Liquefied Pe-
able for purchase from the National troleum Gases (ANSI Z106.1–1970), IBR
Electrical Manufacturer’s Association approved for §§ 1910.110 (b)(3)(iv) and
(NEMA): (i)(3) (i) and (ii); and 1910.178(f)(2).
(1) NEMA EW–1 (1962) Requirements (13) NFPA 59–1968 Standard for the
for Electric Arc Welding Apparatus, Storage and Handling of Liquefied Pe-
IBR approved for §§ 1910.254(b)(1). troleum Gases at Utility Gas Plants,
(2) [Reserved] IBR approved for §§ 1910.110 (b)(3)(iv)
(q) The following material is avail- and (i)(2)(iv).
able for purchase from the National (14) NFPA 62–1967 Standard for the
Fire Protection Association (NFPA), 1 Prevention of Dust Explosions in the
Batterymarch Park, Quincy, MA 02269; Production, Packaging, and Handling
Telephone: 800–344–3555 or 617–770–3000; of Pulverized Sugar and Cocoa, IBR ap-
Fax: 1–800–593–6372 or 1–508–895–8301; proved for § 1910.263(k)(2)(i).
Email: custserv@nfpa.org; Web site: (15) NFPA 68–1954 Guide for Explosion
http://www.nfpa.org. Venting, IBR approved for
(1) NFPA 30 (1969) Flammable and § 1910.94(a)(2)(iii).
Combustible Liquids Code, IBR ap- (16) [Reserved]
proved for § 1910.178(f)(1). (17) NFPA 78–1968 Lightning Protec-
(2) NFPA 32–1970 Standard for Dry tion Code, IBR approved for
Cleaning Plants, IBR approved for § 1910.109(i)(6)(ii).
§ 1910.106(j)(6)(i). (18) NFPA 80–1968 Standard for Fire

(3) NFPA 33–1969 Standard for Spray Doors and Windows, IBR approved for
Finishing Using Flammable and Com- § 1910.106(d)(4)(i).
110
(19) NFPA 80–1970 Standard for the at Consumer Sites, IBR approved for
Installation of Fire Doors and Win- §§ 1910.253 (b)(4)(iv) and (c)(2)(v).
dows, IBR approved for (33) NFPA 656–1959 Code for the Pre-
§ 1910.253(f)(6)(i)(I). vention of Dust Ignition in Spice
(20) NFPA 86A–1969 Standard for Oven Grinding Plants, IBR approved for
and Furnaces Design, Location and § 1910.263(k)(2)(i).
Equipment, IBR approved for §§ 1910.107 (34) NFPA 1971–1975 Protective Cloth-
(j)(1) and (l)(3) and 1910.108 (b)(2) and ing for Structural Fire Fighting, IBR
(d)(2). approved for § 1910.156(e)(3)(ii) introduc-
(21) NFPA 91–1961 Standard for the tory text.
Installation of Blower and Exhaust (35) NFPA 51A (2001) Standard for
Systems for Dust, Stock, and Vapor Acetylene Cylinder Charging Plants,
Removal or Conveying (ANSI Z33.1–61),
IBR approved for § 1910.102(b) and (c).
IBR approved for § 1910.107(d)(1).
Copies of NFPA 51A–2001 are available
(22) NFPA 91–1969 Standards for
for purchase from the: National Fire
Blower and Exhaust Systems, IBR ap-
Protection Association, 1
proved for § 1910.108(b)(1).
Batterymarch Park, Quincy, MA 02169–
(23) NFPA 96–1970 Standard for the
Installation of Equipment for the Re- 7471; telephone: 1–800–344–35557; e-mail:
moval of Smoke and Grease Laden Va- custserv@nfpa.org.
pors from Commercial Cooking Equip- (36) NFPA 51A (2006) Standard for
ment, IBR approved for Acetylene Cylinder Charging Plants,
§ 1910.110(b)(20)(iv)(d). IBR approved for § 1910.102(b) and (c).
(24) NFPA 101–1970 Code for Life Safe- Copies of NFPA 51A–2006 are available
ty From Fire in Buildings and Struc- for purchase from the: National Fire
tures, IBR approved for Protection Association, 1
§ 1910.261(a)(4)(ii). Batterymarch Park, Quincy, MA 02169–
(25) NFPA 101–2009, Life Safety Code, 7471; telephone: 1–800–344–35557; e-mail:
2009 edition, IBR approved for §§ 1910.34, custserv@nfpa.org.
1910.35, 1910.36, and 1910.37. (37) NFPA 30B, Code for the Manufac-
(26) NFPA 203M–1970 Manual on Roof ture and Storage of Aerosol Products,
Coverings, IBR approved for 2007 Edition, Approved August 17, 2006,
§ 1910.109(i)(1)(iii)(c). IBR approved for Appendix B to
(27) NFPA 251–1969 Standard Methods § 1910.1200.
of Fire Tests of Building Construction (r) The following material is avail-
and Materials, IBR approved for able for purchase from the National
§§ 1910.106 (d)(3)(ii) introductory text Food Plant Institute, 1700 K St. NW.,
and (d)(4)(i). Washington, DC 20006:
(28) NFPA 302–1968 Fire Protection (1) Definition and Test Procedures for
Standard for Motor-Craft (Pleasure and Ammonium Nitrate Fertilizer (Nov.
Commercial), IBR approved for 1964), IBR approved for § 1910.109 Table
§ 1910.265(d)(2)(iv) introductory text. H–22, ftn. 3.
(29) NFPA 385–1966 Recommended (2) [Reserved]
Regulatory Standard for Tank Vehicles
(s) The following material is avail-
for Flammable and Combustible Liq-
able for purchase from the National In-
uids, IBR approved for
§ 1910.106(g)(1)(i)(e)(1). stitute for Occupational Safety and
(30) NFPA 496–1967 Standard for Health (NIOSH):
Purged Enclosures for Electrical (1) Registry of Toxic Effects of Chem-
Equipment in Hazardous Locations, ical Substances, 1978, IBR approved for
IBR approved for § 1910.20(c)(13)(i) and appendix B.
§ 1910.103(c)(1)(ix)(e)(1). (2) Development of Criteria for Fire
(31) NFPA 505–1969 Standard for Type Fighters Gloves; Vol. II, part II; Test
Designations, Areas of Use, Mainte- Methods, 1976, IBR approved for
nance, and Operation of Powered Indus- § 1910.156(e)(4)(i) introductory text.
trial Trucks, IBR approved for (3) NIOSH Recommendations for Oc-
§ 1910.110(e)(2)(iv). cupational Safety and Health Stand-

(32) NFPA 566–1965 Standard for the ards (Sept. 1987), IBR approved for
Installation of Bulk Oxygen Systems § 1910.120 PEL definition.
111
(t) The following material is avail- (2) UL 80–63 Steel Inside Tanks for
able for purchase from the Public Oil-Burner Fuel, IBR approved for
Health Service: § 1910.106(b)(1)(iii)(a)(1).
(1) U.S. Pharmacopeia, IBR approved (3) UL 142–68 Steel Above Ground
for § 1910.134(d)(1). Tanks for Flammable and Combustible
(2) Publication No. 934 (1962), Food Liquids, IBR approved for
Service Sanitation Ordinance and § 1910.106(b)(1)(iii)(a)(1).
Code, part V of the Food Service Sani- (x) The following material is avail-
tation Manual, IBR approved for able for purchase from the: Inter-
§ 1910.142(i)(1). national Code Council, Chicago Dis-
(u) The following material is avail- trict Office, 4051 W. Flossmoor Rd.,
able for purchase from the Society of Country Club Hills, IL 60478; telephone:
708–799–2300, x3–3801; facsimile: 001–708–
Automotive Engineers (SAE), 485 Lex-
799–4981; e-mail: order@iccsafe.org.
ington Avenue, New York, NY 10017:
(1) IFC–2009, International Fire Code,
(1) SAE J185, June 1988, Rec- copyright 2009, IBR approved for
ommended Practice for Access Systems §§ 1910.34, 1910.35, 1910.36, and 1910.37.
for Off-Road Machines, IBR approved (2) [Reserved]
for § 1910.266(f)(5)(i). (y)(1) The following materials are
(2) SAE J231, January 1981, Minimum available for purchase from the Inter-
Performance Criteria for Falling Ob- national Standards Organization (ISO)
ject Protective Structure (FOPS), IBR through ANSI, 25 West 43rd Street,
approved for § 1910.266(f)(3)(ii). Fourth Floor, New York, NY 10036–7417;
(3) SAE J386, June 1985, Operator Re- Telephone: 212–642–4980; Fax: 212–302–
straint Systems for Off-Road Work Ma- 1286; Email: info@ansi.org; Web site:
chines, IBR approved for http://www.ansi.org.
§ 1910.266(d)(3)(iv). (2) Documents not available in the
(4) SAE J397, April 1988, Deflection ANSI store may be purchased from:
Limiting Volume-ROPS/FOPS Labora- (i) Document Center Inc., 111 Indus-
tory Evaluation, IBR approved for trial Road, Suite 9, Belmont, 94002;
§ 1910.266(f)(3)(iv). Telephone: 650–591–7600; Fax: 650–591–
(5) SAE 765 (1961) SAE Recommended 7617; Email: info@document-center.com;
Practice: Crane Loading Stability Test Web site: www.document-center.com.
Code, IBR approved for § 1910.180 (ii) DECO—Document Engineering
(c)(1)(iii) and (e)(2)(iii)(a). Co., Inc., 15210 Stagg Street, Van Nuys,
(6) SAE J1040, April 1988, Perform- CA 91405; Telephone: 800–645–7732 or 818–
ance Criteria for Rollover Protective 782–1010; Fax: 818–782–2374; Email:
Structures (ROPS) for Construction, doceng@doceng.com; Web site:
Earthmoving, Forestry and Mining Ma- www.doceng.com
chines, IBR approved for (iii) Global Engineering Documents,
§ 1910.266(f)(3)(ii). 15 Inverness Way East, Englewood, CO
80112; Telephone: 1–800–854–7179 or 303–
(v) The following material is avail-
397–7956; Fax: 303–397–2740; Email:
able for purchase from the Fertilizer
global@ihs.com; Web sites: http://glob-
Institute, 1015 18th Street NW, Wash-
al.ihs.com or http://www.store.ihs.com;
ington, DC 20036:
(iv) ILI Infodisk, Inc., 610 Winters Av-
(1) Standard M–1 (1953, 1955, 1957, 1960, enue, Paramus, NJ 07652; Telephone:
1961, 1963, 1965, 1966, 1967, 1968), Super- 201–986–1131; Fax: 201–986–7886; Email:
seded by ANSI K61.1–1972, IBR approved sales@ili-info.com; Web site: www.ili-
for § 1910.111(b)(1) (i) and (iii). info.com.
(2) [Reserved] (v) Techstreet, a business of Thomson
(w) The following material is avail- Reuters, 3916 Ranchero Drive, Ann
able for purchase from Underwriters Arbor, MI 48108; Telephone: 800–699–9277
Laboratories (UL), 207 East Ohio or 734–780–8000; Fax: 734–780–2046; Email:
Street, Chicago, IL 60611: techstreet.service@thomsonreuters.com;
(1) UL 58–61 Steel Underground Tanks Web site: www.Techstreet.com.
for Flammable and Combustible Liq- (3) ISO 10156:1996 (E), Gases and Gas
uids, 5th Ed., IBR approved for Mixtures—Determination of Fire Po-
§ 1910.106(b)(1)(iii)(a)(1). tential and Oxidizing Ability for the
112
Selection of Cylinder Valve Outlets, with appendix A of this section and

Second Edition, Feb. 15, 1996, IBR ap- which tests for safety, and lists or la-
proved for Appendix B to § 1910.1200. bels or accepts, equipment or materials
(4) ISO 10156–2:2005 (E), Gas cyl- and which meets all of the following
inders—Gases and Gas Mixtures—Part criteria:
2: Determination of Oxidizing Ability (1) For each specified item of equip-
of Toxic and Corrosive Gases and Gas ment or material to be listed, labeled
Mixtures, First Edition, Aug. 1, 2005, or accepted, the NRTL has the capa-
IBR approved for Appendix B to bility (including proper testing equip-
§ 1910.1200. ment and facilities, trained staff, writ-
(5) ISO 13943:2000 (E/F), Fire Safety— ten testing procedures, and calibration
Vocabulary, First Edition, April, 15, and quality control programs) to per-
2000, IBR approved for Appendix B to form:
§ 1910.1200.
(i) Testing and examining of equip-
(z)(1) The following document is
ment and materials for workplace safe-
available for purchase from United Na-
ty purposes to determine conformance
tions Publications, Customer Service,
with appropriate test standards; or
c/o National Book Network, 15200 NBN
Way, PO Box 190, Blue Ridge Summit, (ii) Experimental testing and exam-
PA 17214; telephone: 1–888–254–4286; fax: ining of equipment and materials for
1–800–338–4550; email: workplace safety purposes to deter-
unpublications@nbnbooks.com. Other mine conformance with appropriate
distributors of United Nations Publica- test standards or performance in a
tions include: specified manner.
(i) Bernan, 15200 NBN Way, Blue (2) The NRTL shall provide, to the
Ridge Summit, PA 17214; telephone: 1– extent needed for the particular equip-
800–865–3457; fax: 1–800–865–3450; email: ment or materials listed, labeled, or
customercare@bernan; Web site: http:// accepted, the following controls or
www.bernan.com; and services:
(ii) Renouf Publishing Co. Ltd., 812 (i) Implements control procedures for
Proctor Avenue, Ogdensburg, NY 13669– identifying the listed and labeled
2205; telephone: 1–888–551–7470; Fax: 1– equipment or materials;
888–551–7471; email: (ii) Inspects the run of production of
orders@renoufbooks.com; Web site: http:// such items at factories for product
www.renoufbooks.com. evaluation purposes to assure conform-
(2) UN ST/SG/AC.10/Rev.4, The UN ance with the test standards; and
Recommendations on the Transport of (iii) Conducts field inspections to
Dangerous Goods, Manual of Tests and monitor and to assure the proper use of
Criteria, Fourth Revised Edition, 2003, its identifying mark or labels on prod-
IBR approved for appendix B to ucts;
§ 1910.1200.
(3) The NRTL is completely inde-
[39 FR 23502, June 27, 1974] pendent of employers subject to the
EDITORIAL NOTE: For FEDERAL REGISTER ci- tested equipment requirements, and of
tations affecting § 1910.6, see the List of CFR any manufacturers or vendors of equip-
Sections Affected, which appears in the ment or materials being tested for
Finding Aids section of the printed volume these purposes; and,
and at www.fdsys.gov.
(4) The NRTL maintains effective
§ 1910.7 Definition and requirements procedures for:
for a nationally recognized testing (i) Producing creditable findings or
laboratory. reports that are objective and without
(a) Application. This section shall bias; and
apply only when the term nationally (ii) Handling complaints and disputes
recognized testing laboratory is used in under a fair and reasonable system.
other sections of this part. (c) Test standards. An appropriate test
(b) Laboratory requirements. The term standard referred to in § 1910.7(b)(1) (i)
nationally recognized testing laboratory and (ii) is a document which specifies

(NRTL) means an organization which the safety requirements for specific
is recognized by OSHA in accordance equipment or class of equipment and is:
113
(1) Recognized in the United States quired to perform the work necessary;
as a safety standard providing an ade- the staff costs per hour (which include
quate level of safety, and wages, fringe benefits, and expenses
(2) Compatible with and maintained other than travel for personnel that
current with periodic revisions of ap- perform or administer the activities
plicable national codes and installation covered by the fees); and the average or
standards, and actual costs for travel when on-site re-
(3) Developed by a standards devel- views are involved. The formula for the
oping organization under a method pro- fee calculation is as follows:
viding for input and consideration of
views of industry groups, experts, Activity Fee = [Average (or Actual)
users, consumers, governmental au- Hours to Complete the Activity ×
thorities, and others having broad ex- Staff Costs per Hour] + Average (or
perience in the safety field involved, or Actual) Travel Costs
(4) In lieu of paragraphs (c) (1), (2), (3)(i) OSHA will review the full costs
and (3), the standard is currently des- periodically and will propose a revised
ignated as an American National fee schedule, if warranted. In its re-
Standards Institute (ANSI) safety-des- view, OSHA will apply the formula es-
ignated product standard or an Amer- tablished in paragraph (f)(2) of this sec-
ican Society for Testing and Materials tion to the current estimated full costs
(ASTM) test standard used for evalua- for the NRTL Program. If a change is
tion of products or materials.
warranted, OSHA will follow the imple-
(d) Alternative test standard. If a test-
mentation shown in paragraph (f)(4) of
ing laboratory desires to use a test
this section.
standard other than one allowed under
paragraph (c) of this section, then the (ii) OSHA will publish all fee sched-
Assistant Secretary of Labor shall ules in the FEDERAL REGISTER. Once
evaluate the proposed standard to de- published, a fee schedule remains in ef-
termine that it provides an adequate fect until it is superseded by a new fee
level of safety before it is used. schedule. Any member of the public
(e) Implementation. A testing organi- may request a change to the fees in-
zation desiring recognition by OSHA as cluded in the current fee schedule.
an NRTL shall request that OSHA Such a request must include appro-
evaluate its testing and control pro- priate documentation in support of the
grams against the requirements in this suggested change. OSHA will consider
section for any equipment or material such requests during its annual review
it may specify. The recognition proce- of the fee schedule.
dure shall be conducted in accordance (4) OSHA will implement periodic re-
with appendix A to this section. view, and fee assessment, collection,
(f) Fees. (1) Each applicant for NRTL and payment, as follows:
recognition and each NRTL must pay
Milestones/
fees for services provided by OSHA in Dates Action required
advance of the provision of those serv-
ices. OSHA will assess fees for the fol- I. Periodic Review of Fee Schedule
lowing services:
When review OSHA will publish any proposed new fee
(i) Processing of applications for ini- completed. schedule in the FEDERAL REGISTER if
tial recognition, expansion of recogni- OSHA determines that costs warrant
tion, or renewal of recognition, includ- changes in the fee schedule.
Fifteen days Comments due on the proposed new fee
ing on-site reviews; review and evalua- after publica- schedule.
tion of the applications; and prepara- tion.
tion of reports, evaluations and FED- When OSHA OSHA will publish the final fee schedule in
ERAL REGISTER notices; and approves the the FEDERAL REGISTER, making the fee
fee schedule. schedule effective on a specific date.
(ii) Audits of sites.
(2) The fee schedule established by II. Application Processing Fees
OSHA reflects the full cost of per-
forming the activities for each service Time of appli- Applicant must pay the applicable fees in
cation. the fee schedule that are due when sub-

listed in paragraph (f)(1) of this sec- mitting an application; OSHA will not
tion. OSHA calculates the fees based on begin processing the application until it
either the average or actual time re- receives the fees.
114
Milestones/ revocation of OSHA recognition. Except as

Action required
Dates otherwise provided, the burden is on the ap-
plicant to establish by a preponderance of
Before assess- Applicant must pay the estimated staff time
the evidence that it is entitled to recogni-
ment per- and travel costs for its assessment based
formed. on the fees in effect at the time of the as-
tion as an NRTL. If further detailing of these
sessment. Applicant also must pay the requirements and criteria will assist the
fees for the final report and FEDERAL NRTLs or OSHA in this activity, this detail-
REGISTER notice, and other applicable ing will be done through appropriate OSHA
fees, as specified in the fee schedule. Program Directives.
OSHA may cancel an application if the
applicant does not pay these fees, or any I. Procedures for Initial OSHA Recognition
balance of these fees, when due.
A. Applications.
III. Audit Fees
1. Eligibility. a. Any testing agency or orga-
Before audit NRTL must pay the estimated staff time nization considering itself to meet the defi-
performed. and travel costs for its audit based on the nition of nationally recognized testing lab-
fees in effect at the time of the audit. oratory as specified in § 1910.7 may apply for
NRTL also must pay other applicable OSHA recognition as an NRTL.
fees, as specified in the fee schedule.
b. However, in determining eligibility for a
After the audit, OSHA adjusts the audit
fees to account for the actual costs for foreign-based testing agency or organization,
travel and staff time. OSHA shall take into consideration the pol-
On due date ... NRTL must pay the estimated audit fees, or icy of the foreign government regarding both
any balance due, by the due date estab- the acceptance in that country of testing
lished by OSHA; OSHA will assess a late data, equipment acceptances, and listings,
fee if NRTL does not pay audit fees (or and labeling, which are provided through na-
any balance of fees due) by the due date. tionally recognized testing laboratories rec-
OSHA may still perform the audit when
ognized by the Assistant Secretary, and the
an NRTL does not pay the fees or does
not pay them on time. accessibility to government recognition or a
Thirty days OSHA will begin processing a notice for similar system in that country by U.S.-based
after due publication in the FEDERAL REGISTER an- safety-related testing agencies, whether rec-
date or, if nouncing its plan to revoke recognition for ognized by the Assistant Secretary or not, if
earlier, date NRTLs that do not pay the estimated such recognition or a similar system is re-
NRTL re- audit fees and any balance of audit fees quired by that country.
fuses to pay. due. 2. Content of application. a. The applicant
Note: For the purposes of 29 CFR 1910.7(f)(4), ‘‘days’’ shall provide sufficient information and de-
means ‘‘calendar days,’’ and ‘‘applicant’’ means ‘‘the NRTL’’ tail demonstrating that it meets the require-
or ‘‘an applicant for NRTL recognition.’’ ments set forth in § 1910.7, in order for an in-
(5) OSHA will provide details about formed decision concerning recognition to be
how to pay the fees through appro- made by the Assistant Secretary.
b. The applicant also shall identify the
priate OSHA Program Directives, scope of the NRTL-related activity for which
which will be available on the OSHA the applicant wishes to be recognized. This
web site. will include identifying the testing methods
it will use to test or judge the specific equip-
APPENDIX A TO § 1910.7—OSHA RECOGNITION ment and materials for which recognition is
PROCESS FOR NATIONALLY RECOGNIZED being requested, unless such test methods
TESTING LABORATORIES are already specified in the test standard. If
INTRODUCTION requested to do so by OSHA, the applicant
shall provide documentation of the efficacy
This appendix provides requirements and of these testing methods.
criteria which OSHA will use to evaluate and c. The applicant may include whatever en-
recognize a Nationally Recognized Testing closures, attachments, or exhibits the appli-
Laboratory (NRTL). This process will in- cant deems appropriate. The application
clude the evaluation of the product evalua- need not be submitted on a Federal form.
tion and control programs being operated by 3. Filing office location. The application
the NRTL, as well as the NRTL’s testing fa- shall be filed with: NRTL Recognition Pro-
cilities being used in its program. In the gram, Occupational Safety and Health Ad-
evaluation of the NRTLs, OSHA will use ei- ministration, U.S. Department of Labor, 200
ther consensus-based standards currently in Constitution Avenue, NW., Washington, DC
use nationally, or other standards or criteria 20210.
which may be considered appropriate. This 4. Amendments and withdrawals. a. An appli-
appendix implements the definition of NRTL cation may be revised by an applicant at any
in 29 CFR 1910.7 which sets out the criteria time prior to the completion of activity
that a laboratory must meet to be recog- under paragraph I.B.4. of this appendix.
nized by OSHA (initially and on a continuing b. An application may be withdrawn by an

basis). The appendix is broader in scope, pro- applicant, without prejudice, at any time
viding procedures for renewal, expansion and prior to the final decision by the Assistant
115
Secretary in paragraph I.B.7.c. of this appen- 4. Preliminary finding by Assistant Secretary.
dix. a. The Assistant Secretary, or a special des-
ignee for this purpose, will make a prelimi-
B. Review and Decision Process; Issuance or nary finding as to whether the applicant has
Renewal. or has not met the requirements for recogni-
1. Acceptance and on-site review. a. Applica- tion, based on the completed application file,
tions submitted by eligible testing agencies the written staff recommendation, and the
will be accepted by OSHA, and their receipt statement of reasons supplied by the appli-
acknowledged in writing. After receipt of an cant if there remains a staff recommenda-
application, OSHA may request additional tion of disapproval.
information if it believes information rel- b. Notification of this preliminary finding
evant to the requirements for recognition will be sent to the applicant and subse-
has been omitted. quently published in the FEDERAL REGISTER.
b. OSHA shall, as necessary, conduct an c. This preliminary finding shall not be
on-site review of the testing facilities of the considered an official decision by the Assist-
applicant, as well as the applicant’s adminis- ant Secretary or OSHA, and does not confer
trative and technical practices, and, if nec- any change in status or any interim or tem-
essary, review any additional documentation porary recognition for the applicant.
underlying the application. 5. Public review and comment period—a. The
c. These on-site reviews will be conducted FEDERAL REGISTER notice of preliminary
by qualified individuals technically expert in finding will provide a period of not less than
these matters, including, as appropriate, 30 calendar days for written comments on
non-Federal consultants/contractors accept- the applicant’s fulfillment of the require-
able to OSHA. The protocol for each review ments for recognition. The application, sup-
will be based on appropriate national con- porting documents, staff recommendation,
sensus standards or international guides, statement of applicant’s reasons, and any
with such additions, changes, or deletions as comments received, will be available for pub-
may be considered necessary and appropriate lic inspection in the OSHA Docket Office.
in each case by OSHA. A written report shall b. Any member of the public, including the
be made of each on-site review and a copy applicant, may supply detailed reasons and
shall be provided to the applicant. evidence supporting or challenging the suffi-
2. Positive finding by staff. If, after review of ciency of the applicant’s having met the re-
the application, and additional information, quirements of the definition in 29 CFR
and the on-site review report, the applicant § 1910.7 and this appendix. Submission of per-
appears to have met the requirements for tinent documents and exhibits shall be made
recognition, a written recommendation shall in writing by the close of the comment pe-
be submitted by the responsible OSHA per- riod.
sonnel to the Assistant Secretary that the 6. Action after public comment—a. Final deci-
application be approved, accompanied by a sion by Assistant Secretary. Where the public
supporting explanation. review and comment record supports the As-
3. Negative finding by staff.—a. Notification sistant Secretary’s preliminary finding con-
to applicant. If, after review of the applica- cerning the application, i.e., absent any seri-
tion, any additional information and the on- ous objections or substantive claims con-
site review report, the applicant does not ap- trary to the preliminary finding having been
pear to have met the requirements for rec- received in writing from the public during
ognition, the responsible OSHA personnel the comment period, the Assistant Secretary
shall notify the applicant in writing, listing will proceed to final written decision on the
the specific requirements of § 1910.7 and this application. The reasons supporting this de-
appendix which the applicant has not met, cision shall be derived from the evidence
and allow a reasonable period for response. available as a result of the full application,
b. Revision of application. (i) After receipt of the supporting documentation, the staff find-
a notification of negative finding (i.e., for ining, and the written comments and evidence
tended disapproval of the application), and presented during the public review and com-
within the response period provided, the ap- ment period.
plicant may: b. Public announcement. A copy of the As-
(a) Submit a revised application for further sistant Secretary’s final decision will be pro-
review, which could result in a positive find- vided to the applicant. Subsequently, a noti-
ing by the responsible OSHA personnel pur- fication of the final decision shall be pub-
suant to subsection I.B.2. of this appendix; or lished in the FEDERAL REGISTER. The publi-
(b) Request that the original application be cation date will be the effective date of the
submitted to the Assistant Secretary with recognition.
an attached statement of reasons, supplied c. Review of final decision. There will be no
by the applicant of why the application further review activity available within the
should be approved. Department of Labor from the final decision
(ii) This procedure for applicant notifica- of the Assistant Secretary.

tion and potential revision shall be used only 7. Action after public objection—a. Review of
once during each recognition process. negative information. At the discretion of the
116
Assistant Secretary or his designee, OSHA and provisions of § 1910.7 and this appendix,
may authorize Federal or contract personnel the following two organizations are recog-
to initiate a special review of any informa- nized temporarily as nationally recognized
tion provided in the public comment record testing laboratories by the Assistant Sec-
which appears to require resolution, before a retary for a period of five years beginning
final decision can be made. June 13, 1988 and ending on July 13, 1993:
b. Supplementation of record. The contents
(i) Underwriters Laboratories, Inc., 333
and results of special reviews will be made
Pfingsten Road, Northbrook, Illinois 60062.
part of this record by the Assistant Sec-
retary by either: (ii) Factory Mutual Research Corporation,
(i) Reopening the written comment period 1151 Boston-Providence Turnpike, Norwood,
for public comments on these reviews; or Massachusetts 02062.
(ii) Convening an informal hearing to ac- b. At the end of the five-year period, the
cept public comments on these reviews, con- two temporarily recognized laboratories
ducted under applicable OSHA procedures for shall apply for renewal of OSHA recognition
similar hearings. utilizing the following procedures estab-
c. Final decision by the Assistant Secretary. lished for renewal of OSHA recognition.
The Assistant Secretary shall issue a deci-
sion as to whether it has been demonstrated, II. Supplementary Procedures.
based on a preponderance of the evidence,
that the applicant meets the requirements A. Test standard changes.
for recognition. The reasons supporting this
A recognized NRTL may change a testing
decision shall be derived from the evidence
available as a result of the full application, standard or elements incorporated in the
the supporting documentation, the staff find- standard such as testing methods or pass-fail
ing, the comments and evidence presented criteria by notifying the Assistant Secretary
during the public review and comment pe- of the change, certifying that the revised
riod, and written to transcribed evidence re- standard will be at least as effective as the
ceived during any subsequent reopening of prior standard, and providing the supporting
the written comment period or informal pub- data upon which its conclusions are based.
lic hearing held. The NRTL need not inform the Assistant
d. Public announcement. A copy of the As- Secretary of minor deviations from a test
sistant Secretary’s final decision will be pro- standard such as the use of new instrumenta-
vided to the applicant, and a notification tion that is more accurate or sensitive than
will be published in the FEDERAL REGISTER originally called for in the standard. The
subsequently announcing the decision. NRTL also need not inform the Assistant
e. Review of final decision. There will be no Secretary of its adoption of revisions to
further review activity available within the third-party testing standards meeting the re-
Department of Labor from the final decision
quirements of § 1910.7(c)(4), if such revisions
of the Assistant Secretary.
have been developed by the standards devel-
c. Terms and conditions of recognition. The
following terms and conditions shall be part oping organization, or of its adoption of revi-
of every recognition: sions to other third-party test standards
1. Letter of recognition. The recognition by which the developing organization has sub-
OSHA of any NRTL will be evidenced by a mitted to OSHA. If, upon review, the Assist-
letter of recognition from OSHA. The letter ant Secretary or his designee determines
will provide the specific details of the scope that the proposed revised standard is not
of the OSHA recognition, including the spe- ‘‘substantially equivalent’’ to the previous
cific equipment or materials for which OSHA version with regard to the level of safety ob-
recognition has been granted, as well as any tained, OSHA will not accept the proposed
specific conditions imposed by OSHA. testing standard by the recognized NRTL,
2. Period of recognition. The recognition by and will initiate discontinuance of that as-
OSHA of each NRTL will be valid for five pect of OSHA-recognized activity by the
years, unless terminated before the expira- NRTL by modification of the official letter
tion of the period. The dates of the period of of recognition. OSHA will publicly announce
recognition will be stated in the recognition this action and the NRTL will be required to
letter. communicate this OSHA decision directly to
3. Constancy in operations. The recognized
affected manufacturers.
NRTL shall continue to satisfy all the re-
quirements or limitations in the letter of B. Expansion of current recognition
recognition during the period of recognition.
4. Accurate publicity. The OSHA-recognized 1. Eligibility. A recognized NRTL may apply
NRTL shall not engage in or permit others to OSHA for an expansion of its current rec-
to engage in misrepresentation of the scope
ognition to cover other categories of NRTL

or conditions of its recognition. testing in addition to those included in the
5. Temporary Recognition of Certain NRTLs. current recognition.
a. Notwithstanding all other requirements
117
2. Procedure. a. OSHA will act upon and form the public of any voluntary termi-
process the application for expansion in ac- nation by FEDERAL REGISTER notice.
cordance with subsection I.B. of this appen-
dix, except that the period for written com- E. Revocation of recognition by OSHA.
ments, specified in paragraph 5.a of sub-
1. Potential causes. If an NRTL either has
section I.B. of this appendix, will be not less
failed to continue to substantially satisfy
than 15 calendar days.
the requirements of § 1910.7 or this appendix,
b. In that process, OSHA may decide not to
or has not been reasonably performing the
conduct an on-site review, where the sub-
NRTL testing requirements encompassed
stantive scope of the request to expand rec-
within its letter of recognition, or has mate-
ognition is closely related to the current
rially misrepresented itself in its applica-
area of recognition.
c. The expiration date for each expansion tions or misrepresented the scope or condi-
of recognition shall coincide with the expira- tions of its recognition, the Assistant Sec-
tion date of the current basic recognition pe- retary may revoke the recognition of a rec-
riod. ognized NRTL, in whole or in part. OSHA
may initiate revocation procedures on the
C. Renewal of OSHA recognition basis of information provided by any inter-
ested person.
1. Eligibility. A recognized NRTL may
2. Procedure. a. Before proposing to revoke
renew its recognition by filing a renewal re-
recognition, the Agency will notify the rec-
quest at the address in paragraph I.A.3. of
ognized NRTL in writing, giving it the op-
this appendix not less than nine months, nor
portunity to rebut or correct the alleged de-
more than one year, before the expiration
ficiencies which would form the basis of the
date of its current recognition.
proposed revocation, within a reasonable pe-
2. Procedure. a. OSHA will process the re-
riod.
newal request in accordance with subsection
I.B. of this appendix, except that the period b. If the alleged deficiencies are not cor-
for written comments, specified in paragraph rected or reconciled within a reasonable pe-
5.a of subsection I.B. of this appendix, will be riod, OSHA will propose, in writing to the
not less than 15 calendar days. recognized NRTL, to revoke recognition. If
b. In that process, OSHA may determine deemed appropriate, no other announcement
not to conduct the on-site reviews in I.B.1.a. need be made by OSHA.
where appropriate. c. The revocation shall be effective in 60
c. When a recognized NRTL has filed a days unless within that period the recog-
timely and sufficient renewal request, its nized NRTL corrects the deficiencies or re-
current recognition will not expire until a quests a hearing in writing.
final decision has been made by OSHA on the d. If a hearing is requested, it shall be held
request. before an administrative law judge of the De-
d. After the first renewal has been granted partment of Labor pursuant to the rules
to the NRTL, the NRTL shall apply for a specified in 29 CFR part 1905, subpart C.
continuation of its recognition status every e. The parties shall be OSHA and the rec-
five years by submitting a renewal request. ognized NRTL. The Assistant Secretary may
In lieu of submitting a renewal request after allow other interested persons to participate
the initial renewal, the NRTL may certify in these hearings if such participation would
its continuing compliance with the terms of contribute to the resolution of issues ger-
its letter of recognition and 29 CFR 1910.7. mane to the proceeding and not cause undue
3. Alternative procedure. After the initial delay.
recognition and before the expiration there- f. The burden of proof shall be on OSHA to
of, OSHA may (for good cause) determine demonstrate by a preponderance of the evi-
that there is a sufficient basis to dispense dence that the recognition should be revoked
with the renewal requirement for a given because the NRTL is not meeting the re-
laboratory and will so notify the laboratory quirements for recognition, has not been rea-
of such a determination in writing. In lieu of sonably performing the product testing func-
submitting a renewal request, any labora- tions as required by § 1910.7, this appendix A,
tory so notified shall certify its continuing or the letter of recognition, or has materi-
compliance with the terms of its letter of ally misrepresented itself in its applications
recognition and 29 CFR 1910.7. or publicity.
3. Final decision. a. After the hearing, the
D. Voluntary termination of recognition. Administrative Law Judge shall issue a deci-
At any time, a recognized NRTL may vol- sion stating the reasons based on the record
untarily terminate its recognition, either in as to whether it has been demonstrated,
its entirety or with respect to any area cov- based on a preponderance of evidence, that
ered in its recognition, by giving written no- the applicant does not continue to meet the
tice to OSHA. The written notice shall state requirements for its current recognition.
the date as of which the termination is to b. Upon issuance of the decision, any party
take effect. The Assistant Secretary shall in- to the hearing may file exceptions within 20
118
days pursuant to 29 CFR 1905.28. If no excep- OMB con-
29 CFR citation
tions are filed, this decision is the final deci- trol No.
sion of the Assistant Secretary. If objections
1910.177(d)(3)(iv) ................................................ 1218–0219
are filed, the Administrative Law Judge
1910.179(j)(2)(iii) and (iv) .................................... 1218–0224
shall forward the decision, exceptions and 1910.179(m)(1) and (m)(2) .................................. 1218–0224
record to the Assistant Secretary for the 1910.180(d)(6) ..................................................... 1218–0221
final decision on the proposed revocation. 1910.180(g)(1) and (g)(2)(ii) ................................ 1218–0221
c. The Assistant Secretary will review the 1910.181(g)(1) and (g)(3) .................................... 1218–0222
record, the decision by the Administrative 1910.184(e)(4), (f)(4) and (i)(8)(ii) ....................... 1218–0223
Law Judge, and the exceptions filed. Based 1910.217(e)(1)(i) and (ii) ..................................... 1218–0229
on this, the Assistant Secretary shall issue 1910.217(g) ......................................................... 1218–0070
the final decision as to whether it has been 1910.217(h) ......................................................... 1218–0143
1910.218(a)(2)(i) and (ii) ..................................... 1218–0228
demonstrated, by a preponderance of evi-
1910.252(a)(2)(xiii)(c) .......................................... 1218–0207
dence, that the recognized NRTL has not 1910.255(e) ......................................................... 1218–0207
continued to meet the requirements for 1910.266 .............................................................. 1218–0198
OSHA recognition. If the Assistant Sec- 1910.268 .............................................................. 1218–0225
retary finds that the NRTL does not meet 1910.269 .............................................................. 1218–0190
the NRTL recognition requirements, the rec- 1910.272 .............................................................. 1218–0206
ognition will be revoked. 1910.302 .............................................................. 1218–0256
4. Public announcement. A copy of the As- 1910.303 .............................................................. 1218–0256
sistant Secretary’s final decision will be pro- 1910.304 .............................................................. 1218–0256
1910.305 .............................................................. 1218–0256
vided to the applicant, and a notification 1910.306 .............................................................. 1218–0256
will be published in the FEDERAL REGISTER 1910.307 .............................................................. 1218–0256
announcing the decision, and the availability 1910.308 .............................................................. 1218–0256
of the complete record of this proceeding at 1910.420 .............................................................. 1218–0069
OSHA. The effective date of any revocation 1910.421 .............................................................. 1218–0069
will be the date the final decision copy is 1910.423 .............................................................. 1218–0069
sent to the NRTL. 1910.430 .............................................................. 1218–0069
5. Review of final decision. There will be no 1910.440 .............................................................. 1218–0069
1910.1001 ............................................................ 1218–0133
further review activity available within the 1910.1003 ............................................................ 1218–0085
Department of Labor from the final decision 1910.1004 ............................................................ 1218–0084
of the Assistant Secretary. 1910.1006 ............................................................ 1218–0086
1910.1007 ............................................................ 1218–0083
[53 FR 12120, Apr. 12, 1988; 53 FR 16838, May
1910.1008 ............................................................ 1218–0087
11, 1988, as amended at 54 FR 24333, June 7, 1910.1009 ............................................................ 1218–0089
1989; 65 FR 46818, 46819, July 31, 2000; 76 FR 1910.1010 ............................................................ 1218–0082
10515, Feb. 25, 2011] 1910.1011 ............................................................ 1218–0090
1910.1012 ............................................................ 1218–0080
§ 1910.8 OMB control numbers under 1910.1013 ............................................................ 1218–0079
the Paperwork Reduction Act. 1910.1014 ............................................................ 1218–0088
1910.1015 ............................................................ 1218–0044
The following sections or paragraphs 1910.1016 ............................................................ 1218–0081
each contain a collection of informa- 1910.1017 ............................................................ 1218–0010
tion requirement which has been ap- 1910.1018 ............................................................ 1218–0104
1910.1020 ............................................................ 1218–0065
proved by the Office of Management 1910.1025 ............................................................ 1218–0092
and Budget under the control number 1910.1026 ............................................................ 1218–0252
listed. 1910.1027 ............................................................ 1218–0185
1910.1028 ............................................................ 1218–0129
OMB con- 1910.1029 ............................................................ 1218–0128
29 CFR citation 1910.1030 ............................................................ 1218–0180
trol No.
1910.1043 ............................................................ 1218–0061
1910.7 .................................................................. 1218–0147 1910.1044 ............................................................ 1218–0101
1910.23 ................................................................ 1218–0199 1910.1045 ............................................................ 1218–0126
1910.66 ................................................................ 1218–0121 1910.1047 ............................................................ 1218–0108
1910.67(b) ........................................................... 1218–0230 1910.1048 ............................................................ 1218–0145
1910.68 ................................................................ 1218–0226 1910.1050 ............................................................ 1218–0184
1910.95 ................................................................ 1218–0048 1910.1051 ............................................................ 1218–0170
1910.111 .............................................................. 1218–0208 1910.1052 ............................................................ 1218–0179
1910.119 .............................................................. 1218–0200 1910.1096 ............................................................ 1218–0103
1910.120 .............................................................. 1218–0202 1910.1200 ............................................................ 1218–0072
1910.132 .............................................................. 1218–0205 1910.1450 ............................................................ 1218–0131
1910.134 .............................................................. 1218–0099
1910.137 .............................................................. 1218–0190
1910.142 .............................................................. 1218–0096 [61 FR 5508, Feb. 13, 1996, as amended at 62
1910.145 .............................................................. 1218–0132
FR 29668, June 2, 1997; 62 FR 42666, Aug. 8,
1910.146 .............................................................. 1218–0203
1997; 62 FR 43581, Aug. 14, 1997; 62 FR 65203,
1910.147 .............................................................. 1218–0150

1910.156 .............................................................. 1218–0075 Dec. 11, 1997; 63 FR 13340, Mar. 19, 1998; 63 FR
1910.157(e)(3) ..................................................... 1218–0210 17093, Apr. 8, 1998; 71 FR 38086, July 5, 2006; 72
1910.157(f)(16) .................................................... 1218–0218 FR 40075, July 23, 2007]
119
§ 1910.9 Compliance duties owed to safety or health are adopted by any

each employee. incorporations by reference of stand-
(a) Personal protective equipment. ards prescribed elsewhere in this chap-
Standards in this part requiring the ter or this title. Other materials con-
employer to provide personal protec- tained in the referenced parties are not
tive equipment (PPE), including res- adopted. Illustrations of the types of
pirators and other types of PPE, be- materials which are not adopted are
cause of hazards to employees impose a these. The incorporations by reference
separate compliance duty with respect of parts 1915, 1916, 1917, 1918 in §§ 1910.13,
to each employee covered by the re- 1910.14, 1910.15, and 1910.16 are not in-
quirement. The employer must provide tended to include the discussion in
PPE to each employee required to use those parts of the coverage of the
the PPE, and each failure to provide Longshoremen’s and Harbor Workers’
PPE to an employee may be considered Compensation Act or the penalty pro-
a separate violation. visions of the Act. Similarly, the incor-
(b) Training. Standards in this part poration by reference of part 1926 in
requiring training on hazards and re- § 1910.12 is not intended to include ref-
lated matters, such as standards re- erences to interpretative rules having
quiring that employees receive train- relevance to the application of the
ing or that the employer train employ- Construction Safety Act, but having no
ees, provide training to employees, or relevance to the application to the Oc-
institute or implement a training pro- cupational Safety and Health Act.
gram, impose a separate compliance
duty with respect to each employee § 1910.12 Construction work.
covered by the requirement. The em- (a) Standards. The standards pre-
ployer must train each affected em- scribed in part 1926 of this chapter are
ployee in the manner required by the adopted as occupational safety and
standard, and each failure to train an health standards under section 6 of the
employee may be considered a separate Act and shall apply, according to the
violation. provisions thereof, to every employ-
[73 FR 75583, Dec. 12, 2008] ment and place of employment of every
employee engaged in construction
Subpart B—Adoption and Exten- work. Each employer shall protect the
sion of Established Federal employment and places of employment
of each of his employees engaged in
Standards construction work by complying with
the appropriate standards prescribed in
AUTHORITY: Secs. 4, 6, and 8 of the Occupa- this paragraph.
tional Safety and Health Act, 29 U.S.C. 653,
655, 657; Walsh-Healey Act, 41 U.S.C. 35 et (b) Definition. For purposes of this
seq.; Service Contract Act of 1965, 41 U.S.C. section, Construction work means work
351 et seq.; Sec.107, Contract Work Hours and for construction, alteration, and/or re-
Safety Standards Act (Construction Safety pair, including painting and deco-
Act), 40 U.S.C. 333; Sec. 41, Longshore and rating. See discussion of these terms in
Harbor Workers’ Compensation Act, 33 § 1926.13 of this title.
U.S.C. 941; National Foundation of Arts and
Humanities Act, 20 U.S.C. 951 et seq.; Sec-
(c) Construction Safety Act distin-
retary of Labor’s Order No. 12–71 (36 FR 8754), guished. This section adopts as occupa-
8–76 (41 FR 1911), 9–83 (48 FR 35736), 1–90 (55 tional safety and health standards
FR 9033), or 6-96 (62 FR 111), as applicable. under section 6 of the Act the stand-
ards which are prescribed in part 1926
§ 1910.11 Scope and purpose. of this chapter. Thus, the standards
(a) The provisions of this subpart B (substantive rules) published in subpart
adopt and extend the applicability of, C and the following subparts of part
established Federal standards in effect 1926 of this chapter are applied. This
on April 28, 1971, with respect to every section does not incorporate subparts
employer, employee, and employment A and B of part 1926 of this chapter.
covered by the Act. Subparts A and B have pertinence only

(b) It bears emphasis that only stand- to the application of section 107 of the
ards (i.e., substantive rules) relating to Contract Work Hours and Safety
120

OSHA 1910-Subpart A

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OSHA 1910-Subpart A

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Occupational Safety and Health Admin., Labor § 1910.

(a) Act means the Williams-Steiger Steiger Occupational Safety and

for the industry, as in subpart B or sub- of the Federal Register in accordance

Protection; IBR approved for (Table H–31); (e)(3)(i) (Table H–32),

§ 1910.106(j)(6)(i). (18) NFPA 80–1968 Standard for Fire

§ 1910.110(e)(2)(iv). cupational Safety and Health Stand-

Selection of Cylinder Valve Outlets, with appendix A of this section and

nationally recognized testing laboratory and (ii) is a document which specifies

cation. the fee schedule that are due when sub-

Milestones/ revocation of OSHA recognition. Except as

nized by OSHA (initially and on a continuing b. An application may be withdrawn by an

(ii) This procedure for applicant notifica- of the Assistant Secretary.

ognition to cover other categories of NRTL

1910.147 .............................................................. 1218–0150

§ 1910.9 Compliance duties owed to safety or health are adopted by any

covered by the Act. Subparts A and B have pertinence only

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