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1910.101 Compressed gases (general

quirements). 1910.102 Acetylene. 1910.103 Hydrogen. 1910.104 Oxygen. 1910.105 Nitrous oxide. 1910.106 Flammable and combustible liq

uids. 1910.107 Spray finishing using flammable

and combustible materials. 1910.108 Dip tanks containing flammable

or combustible liquids.

FIXED FIRE SUPPRESSION EQUIPMENT 1910.159 Automatic sprinkler systems. 1910.160 Fixed extinguishing systems, gen

eral. 1910.161 Fixed extinguishing systems, dry

chemical. 1910.162 Fixed extinguishing systems, gas

eous agent.

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Subpart A-General

Sec. 1910.335 Safeguards for personnel protec

tion. 1910.336–1910.360 (Reserved)

SAFETY-RELATED MAINTENANCE

REQUIREMENTS 1910.361-1910.380 (Reserved)

SAFETY REQUIREMENTS FOR SPECIAL

EQUIPMENT 1910.381-1910.398 (Reserved)

AUTHORITY: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); Sec. 41, Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as applicable.

Sections 1910.6(a) and 1910.7 also issued under 29 CFR part 1911.

DEFINITIONS 1910.399 Definitions applicable to this sub

part. APPENDIX A TO SUBPART S-REFERENCE Docu

MENTS APPENDIX B TO SUBP/ S-EXPLANATORY

DATA (RESERVED) APPENDIX CTO SUBPART S-TABLES, NOTES,

AND CHARTS (RESERVED)

Subpart T-Commercial Diving Operations

GENERAL 1910.401 Scope and application. 1910.402 Definitions.

PERSONNEL REQUIREMENTS 1910.410 Qualifications of dive team.

GENERAL OPERATIONS PROCEDURES 1910.420 Safe practices manual. 1910.421 Pre-dive procedures. 1910.422 Procedures during dive. 1910.423 Post-dive procedures.

8 1910.1 Purpose and scope.

(a) Section 6(a) of the WilliamsSteiger Occupational Safety and Health Act of 1970 (84 Stat. 1593) provides that "without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending 2 years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees.” The legislative purpose of this provision is to establish, as rapidly as possible and without regard to the rule-making provisions of the Administrative Procedure Act, standards with which industries are generally familiar, and on whose adoption interested and affected persons have already had an opportunity to express their views. Such standards are either (1) national concensus standards on whose adoption affected persons have reached substantial agreement, or (2) Federal standards already established by Federal statutes or regulations.

(b) This part carries out the directive to the Secretary of Labor under section 6(a) of the Act. It contains occupational safety and health standards which have been found to be national consensus standards or established Federal standards.

SPECIFIC OPERATIONS PROCEDURES 1910.424 SCUBA diving. 1910.425 Surface-supplied air diving. 1910.426 Mixed-gas diving. 1910.427 Liveboating.

EQUIPMENT PROCEDURES AND REQUIREMENTS 1910.430 Equipment.

RECORDKEEPING 1910.440 Recordkeeping requirements. 1910.441 Effective date. APPENDIX A TO SUBPART T-EXAMPLES OF

CONDITIONS WHICH MAY RESTRICT OR
LIMIT EXPOSURE TO HYPERBARIC CONDI-

TIONS
APPENDIX B TO SUBPART T-GUIDELINES FOR

SCIENTIFIC DIVING

Subparts U-Y (Reserved)

SUBJECT INDEX FOR 29 CFR 1910-OCCUPATIONAL SAFETY AND HEALTH STANDARDS

SOURCE: 39 FR 23502, June 27, 1974, unless otherwise noted.

8 1910.2 Definitions.

As used in this part, unless the context clearly requires otherwise:

force on the date of enactment of the Williams-Steiger Occupational Safety and Health Act.

of

8 1910.3 Petitions for the issuance, amend.

ment, or repeal of a standard. (a) Any interested person may petition in writing the Assistant Secretary of Labor to promulgate, modify, or revoke a standard. The petition should set forth the terms or the substance of the rule desired, the effects thereof if promulgated, and the reasons therefor.

(b) (1) The relevant legislative history of the Act indicates congressional recognition of the American National Standards Institute and the National Fire Protection Association as the major sources of national consensus standards. National consensus standards adopted on May 29, 1971, pursuant to section 6(a) of the Act are from those two sources. However, any organization which deems itself a producer

national consensus standards, within the meaning of section 3(9) of the ct, is invited to submit in writing to the Assistant Secretary of Labor at any time prior to February 1, 1973, all relevant information which

may enable the Assistant Secretary to determine whether any of its standards satisfy the requirements of the defini. tion of “national consensus standard" in section 3(9) of the Act.

(2) Within a reasonable time after the receipt of a submission pursuant to paragraph (b)(1) of this section, the Assistant Secretary of Labor shall publish or cause to be published in the FEDERAL REGISTER a notice of such submission, and shall afford interested persons a reasonable opportunity to present written data, views, or arguments with regard to the question whether any standards of the organization making the submission are national consensus standards.

a

(a) Act means the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590).

(b) Assistant Secretary of Labor means the Assistant Secretary of Labor for Occupational Safety and Health;

(c) Employer means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State;

(d) Employee means an employee of an employer who is employed in a business of his employer which affects commerce;

(e) Commerce means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof;

(f) Standard means standard which requires conditions, the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment;

(g) National consensus standard means any standard or modification thereof which (1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary of Labor or by the Assistant Secretary of Labor that persons interested and af. fected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered, and (3) has been designated as such a standard by the Secretary or the Assistant Secretary, after consultation with other appropriate Federal agencies; and

(h) Established Federal standard means any operative standard established by any agency of the United States and in effect on April 28, 1971, or contained in any Act of Congress in

or

$ 1910.4 Amendments to this part.

(a) The Assistant Secretary of Labor shall have all of the authority of the Secretary of Labor under sections 3(9) and 6(a) of the Act.

(b) The Assistant Secretary of Labor may at any time before April 28, 1973, on his own motion or upon the written

petition of any person, by rule promul- ship repairmen working in the areas gate as a standard any national con- specified in 1915.23(c)(3). sensus standard and any established (2) On the other hand, any standard Federal standard, pursuant to and in shall apply according to its terms to accordance with section 6(a) of the

any employment and place of employAct, and, in addition, may modify or ment in any industry, even though revoke any standard in this part 1910. particular standards are

also preIn the event of conflict among any scribed for the industry, as in subpart such standards, the Assistant Secre

B or subpart R of this part, to the tary of Labor shall take the action

extent that none of such particular necessary to eliminate the conflict, in

standards applies. To illustrate, the cluding the revocation or modification

general standard regarding noise expoof a standard in this part, so as to

sure in $ 1910.95 applies to employassure the greatest protection of the

ments and places of employment in safety or health of the affected em

pulp, paper, and paperboard mills covployees.

ered by $ 1910.261.

(d) In the event a standard protects 8 1910.5 Applicability of standards.

on its face a class of persons larger (a) Except as provided in paragraph

than employees, the standard shall be (b) of this section, the standards con

applicable under this part only to emtained in this part shall apply with re

ployees and their employment and spect to employments performed in a

places of employment. workplace in a State, the District of

(e) [Reserved) Columbia, the Commonwealth of

(f) An employer who is in compliPuerto Rico, the Virgin Islands, Amer. ican Samoa, Guam, Trust Territory of

ance with any standard in this part

shall be deemed to be in compliance the Pacific Islands, Wake Island,

with the requirement of section 5(a) Outer Continental Shelf lands defined in the Outer Continental Shelf Lands

(1) of the Act, but only to the extent

of the condition, practice, means, Act, Johnston Island, and the Canal

method, operation, or process covered Zone.

by the standard. (b) None of the standards in this part shall apply to working conditions

8 1910.6 Incorporation by reference. of employees with respect to which Federal agencies other than the De

(a) The standards of agencies of the partment of Labor, or State agencies

U.S. Government, and organizations acting under section 274 of the Atomic

which are not agencies of the U.S. Energy Act of 1954, as amended (42

Government which are incorporated U.S.C. 2021), exercise statutory au

by reference in this part, have the thority to prescribe or enforce stand- same force and effect as other standards or regulations affecting occupa

ards in this part. Only the mandatory tional safety or health.

provisions (i.e., provisions containing (c) (1) If a particular standard is spe

the word "shall” or other mandatory cifically applicable to a condition,

language) of standards incorporated practice, means, method, operation, or

by reference are adopted as standards process, it shall prevail over any dif

under the Occupational Safety and ferent general standard which might

Health Act. otherwise be applicable to the same (b) Copies of the standards which condition, practice, means, method, are incorporated by reference may be operation, or process. For example, examined at the national office of the $ 1501.23(c)(3) of this title prescribes Occupational Safety and Health Adpersonal protective equipment for cer- ministration, U.S. Department of tain ship repairmen working in speci- Labor, Washington, DC 20210, or at fied areas. Such a standard shall any of its regional offices. Copies of apply, and shall not be deemed modi- such private standards may be obfied nor superseded by any different tained from the issuing organizations. general standard whose provisions Their names and addresses are listed might otherwise be applicable, to the in the pertinent subparts of this part.

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