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5. Review of final decision. There will be no further review activity available within the Department of Labor from the final decision of the Assistant Secretary. (53 FR 12120, Apr. 12, 1988; 53 FR 16838, May 11, 1988, as amended at 54 FR 24333, June 7, 1989)

Subpart B-Adoption and Extension

of Established Federal Standards

AUTHORITY: Secs. 4, 6 and 8 of the Occupational Safety and Health Act, 29 U.S.C. 653, 655, 657; Walsh-Healey Act, 41 U.S.C. 35 et seq; Service Contract Act of 1965, 41 U.S.C. 351 et seq; sec. 107, Contract Work Hours and Safety Standards Acts (Construction Safety Act), 40 U.S.C. 333; sec. 41, Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. 941; National Foundation of Arts and Humanities Act, 20 U.S.C. 951 et seq.; Secretary of Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), or 983 (48 FR 35736), as applicable; and 29 CFR part 1911. Sections 1910.16 and 1910.19 also issued under 29 CFR part 1911.

8 1910.11 Scope and purpose.

(a) The provisions of this subpart B adopt and extend the applicability of, established Federal standards in effect on April 28, 1971, with respect to every employer, employee, and employment covered by the Act.

(b) It bears emphasis that only standards (i.e., substantive rules) relating to safety or health are adopted by any incorporations by reference of standards prescribed elsewhere in this chapter or this title. Other materials contained in the referenced parties are not adopted. Illustrations of the types of materials which are not adopted are these. The incorporations by reference of parts 1915, 1916, 1917, 1918 in 8 $ 1910.13, 1910.14, 1910.15, and 1910.16 are not intended to include the discussion in those parts of the coverage of the Longshoremen's and Harbor Workers' Compensation Act or the penalty provisions of the Act. Similarly, the incorporation by reference of part 1926 in 1910.12 is not intended to include references to interpretative rules having relevance to the application of the Construction Safety Act, but having no relevance to the application to the Occupational Safety and Health Act.

$ 1910.12 Construction work.

(a) Standards. The standards prescribed in part 1926 of this chapter are adopted as occupational safety and health standards under section 6 of the Act and shall apply, according to the provisions thereof, to every employment and place of employment of every employee engaged in construction work. Each employer shall protect the employment and places of employment of each of his employees engaged in construction work by complying with the appropriate standards prescribed in this paragraph.

(b) Definition. For purposes of this section, Construction work means work for construction, alteration, and/ or repair, including painting and decorating. See discussion of these terms in $ 1926.13 of this title.

(c) Construction Safety Act distin. guished. This section adopts as occupational safety and health standards under section 6 of the Act the standards which are prescribed in part 1926 of this chapter. Thus, the standards (substantive rules) published in subpart C and the following subparts of part 1926 of this chapter are applied. This section does not incorporate subparts A and B of part 1926 of this chapter. Subparts A and B have perti. nence only to the application of section 107 of the Contract Work Hours and Safety Standards Act (the Construction Safety Act). For example, the interpretation of the term "subcontractor" in paragraph (c) of $ 1926.13 of this chapter is significant in discerning the coverage of the Construction Safety Act and duties thereunder. However, the term "subcontractor" has no significance in the application of the Act, which was enacted under the Commerce Clause and which establishes duties for "employers” which are not dependent for their application upon any contractual relationship with the Federal Government or upon any form of Federal financial assistance.

(d) For the purposes of this part, to the extent that it may not already be included in paragraph (b) of this section, “construction work” includes the erection of new electric transmission and distribution lines and equipment,

and the alteration, conversion, and im- shall protect the employment and provement of the existing transmis- places of employment of each of his sion and distribution lines and equip- employees engaged in shipbuilding or ment.

a related employment, by complying

with the appropriate standards pre8 1910.13 Ship repairing.

scribed by this paragraph. (a) Adoption and extension of estab

(b) Definitions. For purposes of this lished safety and health standards for

section: ship repairing. The standards pre

(1) Shipbuilding means the construcscribed by part 1501 of this title and in

tion of a vessel, including the installaeffect on April 28, 1971, are adopted as

tion of machinery and equipment; occupational safety or health stand

(2) Related employment means any ards under section 6(a) of the Act and shall apply, according to the provi

employment performed as an incident sions thereof, to every employment

to, or in conjunction with, shipbuildand place of employment of every em

ing work, including, but not restricted ployee engaged in ship repair or a re

to, inspection, testing trials, and emlated employment. Each employer

ployment as a watchman; and shall protect the employment and

(3) Vessel includes every description places of employment of each of his

of watercraft or other artificial conemployees engaged in ship repair or a

trivance used, or capable of being related employment, by complying used, as a means of transportation on with the appropriate standards pre- water, including special purpose floatscribed by this paragraph.

ing structures not primarily designed (b) Definitions. For purposes of this for, or used as a means of, transportasection:

tion on water. (1) Ship repair means any repair of a vessel, including, but not restricted to,

8 1910.15 Shipbreaking. alterations, conversions, installations,

(a) Adoption and extension of estabcleaning, painting, and maintenance

lished safety and health standards for work;

shipbreaking. The standards pre(2) Related employment means any scribed by part 1503 of this title and in employment performed as an incident

effect on April 28, 1971, are adopted as to, or in conjunction with, ship repair

occupational safety or health standwork, including, but not restricted to,

ards under section 6(a) of the Act and inspection, testing, and employment as

shall apply, according to the provi. a watchman; and

sions thereof, to every employment (3) Vessel includes every description

and place of employment of every emof watercraft or other artificial con

ployee engaged in shipbreaking or a trivance used, or capable of being

related employment. Each employer used, as a means of transportation on

shall protect the employment and water, including special purpose float

places of employment of each of his ing structures not primarily designed for, or used as a means of, transporta

employees engaged in shipbreaking or tion on water.

a related employment, by complying

with the appropriate standards pre8 1910.14 Shipbuilding.

scribed by this paragraph. (a) Adoption and extension of estab

(b) Definitions. For purposes of this lished safety and health standards for

section: shipbuilding. The standards pre

(1) Shipbreaking means any breakscribed by part 1502 of this title and in

ing down of a vessel's structure for the effect on April 28, 1971, are adopted as purpose of scrapping the vessel, inoccupational safety or health stand- cluding the removal of gear, equipards under section 6(a) of the Act and ment, or any component part of a shall apply, according to the provi- vessel; sions thereof, to every employment (2) Related employment means any and place of employment of every em- employment performed as an incident ployee engaged in shipbuilding or a re- to, or in conjunction with, shipbreaklated employment. Each employer ing work, including, but not restricted to, inspection, survey, and employ- portation or International Maritime ment as a watchman; and

Organization requirements; (3) Vessel includes every description (iii) Noise. Subpart G, $ 1910.95; of watercraft or other artificial con- (iv) Commercial diving operations. trivance used, or capable of being Subpart T; used, as a means of transportation on

(v) Safety requirements for scaffold. water, including special purpose float

ing. Subpart D, 1910.28; ing structures not primarily designed

(vi) Abrasive blasting. Subpart G, for, or used as a means of, transporta

$ 1910.94(a); tion on water.

(vii) Access to employee exposure and 8 1910.16 Longshoring and marine termi.

medical records. Subpart C, $ 1910.20; nals.

and

(viii) Respiratory protection. Sub(a) Adoption and extension of safety

part I, $ 1910.134. and health standards for longshoring.

(ix) Servicing multi-piece and single The standards prescribed by part 1918,

piece rim wheels. Subpart N, subparts A through J of this title and

$ 1910.177. in effect on April 28, 1971 are adopted as occupational safety and health

(c) Definitions. For purposes of this standards to any employment and

section: place of employment of every employ

(1) Longshoring operation means ee engaged in longshoring operations

the loading, unloading, moving, or or a related employment aboard a

handling of, cargo, ship's stores, gear, vessel on the navigable waters of the

etc., into, in, on, or out of any vessel; United States.

(2) Related employment means any (b) Safety and health standards for employment performed as an incident marine terminals. Part 1917 of this

to or in conjunction with, longshoring title shall apply exclusively, according operations including, but not restrictto the provisions thereof, to employ

ed to, securing cargo, rigging, and emment within a marine terminal, except

ployment as a porter, checker, or as follows:

watchman; and (1) The provisions of part 1917 do

(3) Vessel includes every description not apply to the following:

of watercraft or other artificial con(i) Facilities used solely for the bulk trivance used, or capable of being storage, handling and transfer of flam- used, as a means of transportation on mable and combustible liquids and water, including special purpose floatgases.

ing structures not primarily designed (ii) Facilities subject to the regula- for, or used as a means of, transportations of the Office of Pipeline Safety tion on water. Regulation of the Materials Transpor- (4) Marine Terminal means wharves, tation Bureau, Department of Trans- bulkheads, quays, piers, docks and portation, to the extent such regula- other berthing locations and adjacent tions apply to specific working condi- storage or contiguous areas and structions.

tures associated with the primary (iii) Fully automated bulk coal han- movements of cargo or materials from dling facilities contiguous to electrical vessel to shore or shore to vessel inpower generating plants.

cluding structures which are devoted (2) Part 1910 does not apply to to receiving, handling, holding, conmarine terminals except for the fol- solidation and loading or delivery of lowing:

waterborne shipments and passengers, (i) Electrical. Subpart S;

including areas devoted to the mainte(ii) Toxic and hazardous substances. nance of the terminal or equipment. Subpart Z applies where specifically The term does not include production referenced in part 1917 except that or manufacturing areas having their the requirements of subpart Z do not own docking facilities and located at a apply when a substance or cargo is marine terminal nor does the term incontained within a sealed, intact clude storage facilities directly associmeans of packaging or containment ated with those production or manucomplying with Department of Trans- facturing areas.

(39 FR 23502, June 27, 1974, as amended at 48 FR 30908, July 5, 1983; 52 FR 36026, Sept. 25, 1987)

8 1910.17 Effective dates.

(a) Except as provided in paragraphs (b) and (c) of this section, the standards prescribed in this subpart B shall be effective on August 27, 1971.

(b) (1) To the extent that the standards prescribed in § 1910.12 apply to light residential construction or to other construction work, as defined in § 1910.12(b), which is not subject to the construction safety standards published in part 1926 of this title, their application is delayed until September 27, 1971.

(2) For the purpose of paragraph (b)(1) of this section “light residential construction” is limited to the construction of homes and apartments which do not exceed three stories in height, and which have no elevator.

(c) Except as provided in paragraph (b) of this section, whenever any employment or place of employment is, or becomes, subject to any safety and health standard prescribed in part 1915, 1916, 1917, 1918, or 1926 of this title on a date before August 27, 1971, by virtue of the Construction Safety Act

or the Longshoremen's and Harbor Workers' Compensation Act, that occupational safety and health standard as incorporated by reference in this subpart shall also become effective under the Williams-Steiger Occupational Safety and Health Act of 1970 on that date.

8 1910.19 Special provisions for air con

taminants. (a) Asbestos, tremolite, anthophyllite, and actinolite dust. Section 1910.1001 or 1910.1101 shall apply to the exposure of ever employee to asbestos, tremolite, anthophyllite, and actinolite dust in every employment and place of employment covered by $ $ 1919.13, 1910.14, 1910.15 or 1910.16, in lieu of any different standard on exposure to asbestos, tremolite, anthophyllite, and actinolite dust which would otherwise be applicable by virtue of any of those sections.

(b) Vinyl chloride. Section 1910.1017 shall apply to the exposure of every employee to vinyl chloride in every employment and place of employment covered by $$ 1910.12, 1910.13, 1910.14, 1910.15, or 1910.16, in lieu of any dif. ferent standard on exposure to vinyl chloride which would otherwise be applicable by virtue of any of those sections.

(c) Acrylonitrile. Section 1910.1045 shall apply to the exposure of every employee to acrylonitrile in every employment and place of employment covered by $$ 1910.12, 1910.13, 1910.14, 1910.15, or $ 1910.16, in lieu of any different standard on exposure to acrylonitrile which would otherwise be applicable by virtue of any of those sections.

(d) (Reserved]

(e) Inorganic arsenic. Section 1910.1018 shall apply to the exposure of every employee to inorganic arsenic in every employment covered by $ $ 1910.12, 1910.13, 1910.14, 1910.15, or $ 1910.16, in lieu of any different standard on exposure to inorganic arsenic which would otherwise be applicable by virtue of any of those sections.

(f) (Reserved)

(g) Lead. Section 1910.1025 shall apply to the exposure of every employee to lead in every employment and place of employment covered by 88 1910.13, 1910.14, 1910.15, and 1910.16, in lieu of any different standard on exposure to lead which would otherwise be applicable by virtue of those sections.

(h) Ethylene oxide. Section 1910.1047 shall apply to the exposure of every

8 1910.18 Changes in established Federal

standards. Whenever an occupational safety and health standard adopted and incorporated by reference in this subpart B is changed pursuant to section 6(b) of the Act and the statute under which the standard was originally promulgated, and in accordance with part 1911 of this chapter, the standard shall be deemed changed for purposes of that statute and this subpart B, and shall apply under this subpart B. For the purposes of this section, a change in a standard includes any amendment, addition, or repeal, in whole or in part, of any standard.

employee to ethylene oxide in every employment and place of employment covered by $ $ 1910.12, 1910.13, 1910.14, 1910.15, or 1910.16, in lieu of any different standard on exposure to ethylene oxide which would otherwise be applicable by virtue of those sections.

(i) Benzene. Section 1910.1028 shall apply to the exposure of every employee to benzene in every employment and place of employment covered by $$ 1910.12, 1910.13, 1910.14, 1910.15 or 1910.16 in lieu of any different standard on exposures to benzene which would otherwise be applicable by virtue of those sections.

(j) Formaldehyde. Section 1910.1048 shall apply to the exposure of every employee to formaldehyde in every employment and place of employment covered by $ 1910.12, 1910.13, 1910.14, 1910.15 or 1910.16 in lieu of any different standard on exposure to formaldehyde which would otherwise be applicable by virtue of those sections. (43 FR 28473, June 30, 1978, as amended at 43 FR 45809, Oct. 3, 1978; 43 FR 53007, Nov. 14, 1978; 44 FR 5447, Jan. 26, 1979; 46 FR 32022, June 19, 1981; 49 FR 25796, June 22, 1984; 50 FR 51173, Dec. 13, 1985; 51 FR 22733, June 20, 1986; 51 FR 37004, Oct. 17, 1986; 52 FR 34562, Sept. 11, 1987; 52 FR 46291, Dec. 4, 1987)

sponsible for assuring compliance with this section, but the activities involved in complying with the access to medical records provisions can be carried out, on behalf of the employer, by the physician or other health care personnel in charge of employee medical records. Except as expressly provided, nothing in this section is intended to affect existing legal and ethical obligations concerning the maintenance and confidentiality of employee medical information, the duty to disclose information to a patient/employee or any other aspect of the medical-care relationship, or affect existing legal obligations concerning the protection of trade secret information.

(b) Scope and application. (1) This section applies to each general industry, maritime, and construction employer who makes, maintains, contracts for, or has access to employee exposure or medical records, or analy. ses thereof, pertaining to employees exposed to toxic substances or harmful physical agents.

(2) This section applies to all employee exposure and medical records, and analyses thereof, of such employees, whether or not the records are mandated by specific occupational safety and health standards.

(3) This section applies to all employee exposure and medical records, and analyses thereof, made or maintained in any manner, including on an in-house of contractual (e.g., fee-forservice) basis. Each employer shall assure that the preservation and access requirements of this section are complied with regardless of the manner in which the records are made or maintained.

(c) Definitions. (1) Access means the right and opportunity to examine and copy. .

(2) Analysis using exposure or medical records means any compilation of data or any statistical study based at least in part on information collected from individual employee exposure or medical records or information collected from health insurance claims records, provided that either the analysis has been reported to the employer or no further work is currently being done by the person responsible for preparing the analysis.

Subpart C-General Safety and

Health Provisions

AUTHORITY: Section 8 of the Occupational Safety and Health Act, 29 U.S.C. 657; Secretary of Labor's Order No. 9-83 (48 FR 35736) and 29 CFR part 1911.

8 1910.20 Access to employee exposure

and medical records. (a) Purpose. The purpose of this section is to provide employees and their designated representatives a right of access to relevant exposure and medical records; and to provide representatives of the Assistant Secretary a right of access to these records in order to fulfill responsibilities under the Occupational Safety and Health Act. Access by employees, their representatives, and the Assistant Secretary is necessary to yield both direct and indi. rect improvements in the detection, treatment, and prevention of occupational disease. Each employer is re

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