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TOC Table of Contents Table of Contents TOC i 1903 - Inspections, Citations, and Proposed Penalties §1903.1 Purpose and scope 1 §1903.2 Posting of notice; availability of the Act, regulations and applicable standards 1 §1903.3 Authority for inspection 1 §1903.4 Objection to inspection 1 §1903.5 Entry not a waiver 2 §1903.6 Advance notice of inspections 2 §1903.7 Conduct of inspections 2 §1903.8 Representatives of employers and employees 2 §1903.9 Trade secrets 2 §1903.10 Consultation with employees 3 §1903.11 Complaints by employees 3 §1903.12 Inspection not warranted; informal review 3 §1903.13 Imminent danger 3 §1903.14 Citations; notices of de minimis violations; policy regarding employee rescue activities 3 §1903.14a Petitions for modification of abatement date 4 §1903.15 Proposed penalties 4 §1903.16 Posting of citations 4 §1903.17 Employer and employee contests before the Review Commission 4 §1903.18 Failure to correct a violation for which a citation has been issued 5 §1903.19 Abatement verification 5 §1903.20 Informal conferences 7 §1903.21 State administration 7 §1903.22 Definitions 7 1904 - Recording and Reporting Occupational Injuries and Illnesses Subpart A - Purpose 9 §1904.0 Subpart B - Scope 9 §1904.1- Appendix A to Subpart B Subpart C - Recordkeeping Forms and Recording Criteria 10 §1904.4-1904.29 Subpart D - Other OSHA Injury and Illness Recordkeeping Requirements 15 §§1904.30-1904.38 Subpart E - Reporting Fatality, Injury, and Illness Information to the Government 17 §§1904.39-1904.42 Subpart F - Transition from the Former Rule 18 §1904.43-1904.45 Subpart G - Definitions 18 §1904.46 Selected 1910 General Industry Standards §1910.12 Construction work 19 §1910.19 Special provisions for air contaminants 19 §1910.132 General requirements — personal protective equipment 19 §1910.134 Respiratory protection 20 §1910.136 Foot protection 33 §1910.146 Permit-required confined spaces 33

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Table of ContentsTable of Contents

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i

1903 - Inspections, Citations, and Proposed Penalties§1903.1 Purpose and scope 1§1903.2 Posting of notice; availability of

the Act, regulations and applicable standards 1

§1903.3 Authority for inspection 1§1903.4 Objection to inspection 1§1903.5 Entry not a waiver 2§1903.6 Advance notice of inspections 2§1903.7 Conduct of inspections 2§1903.8 Representatives of employers

and employees 2§1903.9 Trade secrets 2§1903.10 Consultation with employees 3§1903.11 Complaints by employees 3§1903.12 Inspection not warranted;

informal review 3§1903.13 Imminent danger 3§1903.14 Citations; notices of de minimis

violations; policy regarding employee rescue activities 3

§1903.14a Petitions for modification of abatement date 4

§1903.15 Proposed penalties 4§1903.16 Posting of citations 4§1903.17 Employer and employee contests

before the Review Commission 4§1903.18 Failure to correct a violation

for which a citation has been issued 5§1903.19 Abatement verification 5§1903.20 Informal conferences 7§1903.21 State administration 7§1903.22 Definitions 7

1904 - Recording and Reporting Occupational Injuries and IllnessesSubpart A - Purpose 9§1904.0

Subpart B - Scope 9§1904.1- Appendix A to Subpart B

Subpart C - Recordkeeping Forms and Recording Criteria 10

§1904.4-1904.29

Subpart D - Other OSHA Injury and Illness Recordkeeping Requirements 15

§§1904.30-1904.38

Subpart E - Reporting Fatality, Injury, and Illness Information to the Government 17

§§1904.39-1904.42

Subpart F - Transition from the Former Rule 18§1904.43-1904.45

Subpart G - Definitions 18§1904.46

Selected 1910 General Industry Standards§1910.12 Construction work 19§1910.19 Special provisions for air contaminants 19§1910.132 General requirements — personal

protective equipment 19§1910.134 Respiratory protection 20§1910.136 Foot protection 33§1910.146 Permit-required confined spaces 33

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§1910.147 The control of hazardous energy (lockout/tagout) 43

§1910.178 Powered industrial trucks 47§1910.332 Training — electrical 53§1910.333 Selection and use of work

practices — electrical 53§1910.401 Scope and application — diving 55§1910.402 Definitions — diving 55§1910.410 Qualifications of dive team 56§1910.420 Safe practices manual — diving 56§1910.421 Pre-dive procedures 56§1910.422 Procedures during dive 57§1910.423 Post-dive procedures 57§1910.424 SCUBA diving 57§1910.425 Surface-supplied air diving 58§1910.426 Mixed-gas diving 58§1910.427 Liveboating 58§1910.430 Equipment — diving 58§1910.440 Recordkeeping requirements — diving 59§1910 Subpart T Appendix A Examples of conditions which

may restrict or limit exposure to hyperbaric conditions 59

Appendix B Guidelines for Scientific Diving 60Appendix C Alternative conditions under

§1910.401(a)(3) for recreational diving instructors and diving guides (mandatory) 60

§1910.1002 Coal tar pitch volatiles; interpretation of term 62

§1910.1003 13 Carcinogens (4-Nitrobiphenyl, etc.) 62

§1910.1018 Inorganic arsenic 65§1910.1020 Access to Employee Exposure

and Medical Records 70§1910.1028 Benzene 74§1910.1030 Bloodborne pathogens 84§1910.1048 Formaldehyde 90§1910.1052 Methylene Chloride 102§1910.1096 Ionizing radiation 113§1910.1200 Hazard communication 116§1910.1201 Retention of DOT markings,

placards and labels 127

Subpart A - General§1926.1 Purpose and scope 129§1926.2 Variances from safety and health

standards 129§1926.3 Inspections — right of entry 129§1926.4 Rules of practice for administrative

adjudications for enforcement of safety and health standards 129

§1926.5 OMB control numbers under the Paperwork Reduction Act 129

Subpart B - General Interpretations§1926.10 Scope of subpart 131§1926.11 Coverage under section 103

of the act distinguished 131§1926.12 Reorganization Plan No. 14 of 1950 131§1926.13 Interpretation of statutory terms 134§1926.14 Federal contract for "mixed"

types of performance 134§1926.15 Relationship to the Service

Contract Act; Walsh-Healey Public Contracts Act 134

§1926.16 Rules of construction 135

Subpart C - General Safety and Health Provisions§1926.20 General safety and health provisions 137§1926.21 Safety training and education 137§1926.22 Recording and reporting of injuries 137§1926.23 First aid and medical attention 137§1926.24 Fire protection and prevention 137§1926.25 Housekeeping 137§1926.26 Illumination 137§1926.27 Sanitation 137§1926.28 Personal protective equipment 137§1926.29 Acceptable certifications 137§1926.30 Shipbuilding and ship repairing 138§1926.31 Incorporation by reference 138§1926.32 Definitions 138§1926.33 Access to employee exposure

and medical records 138§1926.34 Means of egress 138§1926.35 Employee emergency action plans 138

Subpart D - Occupational Health and Environmental Controls§1926.50 Medical services and first aid 141§1926.51 Sanitation 141§1926.52 Occupational noise exposure 142§1926.53 Ionizing radiation 142§1926.54 Nonionizing radiation 142§1926.55 Gases, vapors, fumes, dusts,

and mists 142§1926.56 Illumination 148§1926.57 Ventilation 148§1926.58 [Reserved] 159§1926.59 Hazard communication 159§1926.60 Methylenedianiline 159§1926.61 Retention of DOT markings,

placards, and labels 165§1926.62 Lead 165§1926.64 Process safety management

of highly hazardous chemicals 181

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§1926.65 Hazardous waste operations and emergency response 192

§1926.66 Criteria for design and construction of spray booths 213

Subpart E - Personal Protective and Life Saving Equipment§1926.95 Criteria for personal

protective equipment 217§1926.96 Occupational foot protection 217§1926.97 - 1926.98 [Reserved] 217§1926.100 Head protection 217§1926.101 Hearing protection 217§1926.102 Eye and face protection 217§1926.103 Respiratory protection 218§1926.104 Safety belts, lifelines, and lanyards 218§1926.105 Safety nets 219§1926.106 Working over or near water 219§1926.107 Definitions applicable to this subpart 219

Subpart F - Fire Protection and Prevention§1926.150 Fire protection 221§1926.151 Fire prevention 222§1926.152 Flammable and combustible liquids 222§1926.153 Liquefied petroleum gas (LP-Gas) 230§1926.154 Temporary heating devices 231§1926.155 Definitions applicable to this subpart 231

Subpart G - Signs, Signals, and Barricades§1926.200 Accident prevention signs and tags 233§1926.201 Signaling 233§1926.202 Barricades 234§1926.203 Definitions applicable to this subpart 234

Subpart H - Materials Handling, Storage, Use, and Disposal§1926.250 General requirements for storage 235§1926.251 Rigging equipment for

material handling 235§1926.252 Disposal of waste materials 244

Subpart I - Tools — Hand and Power§1926.300 General requirements 245§1926.301 Hand tools 246§1926.302 Power-operated hand tools 246§1926.303 Abrasive wheels and tools 247§1926.304 Woodworking tools 247§1926.305 Jacks — lever and ratchet,

screw, and hydraulic 248

§1926.306 Air receivers 248§1926.307 Mechanical power-transmission

apparatus 248

Subpart J - Welding and Cutting§1926.350 Gas welding and cutting 251§1926.351 Arc welding and cutting 252§1926.352 Fire prevention 252§1926.353 Ventilation and protection

in welding, cutting, and heating 253§1926.354 Welding, cutting, and heating

in way of preservative coatings 253

Subpart K - Electrical§1926.400 Introduction 255§1926.401 [Reserved] 255§1926.402 Applicability 255§1926.403 General requirements 255§1926.404 Wiring design and protection 256§1926.405 Wiring methods, components,

and equipment for general use 259§1926.406 Specific purpose equipment

and installations 262§1926.407 Hazardous (classified) locations 262§1926.408 Special systems 263§§1926.409 - 1926.415 [Reserved] 264§1926.416 General requirements 264§1926.417 Lockout and tagging of circuits 264§§1926.418 - 1926.430 [Reserved] 264§1926.431 Maintenance of equipment 264§1926.432 Environmental deterioration

of equipment 264§§1926.433 - 1926.440 [Reserved] 265§1926.441 Batteries and battery charging 265§§1926.442 - 1926.448 [Reserved] 265§1926.449 Definitions applicable to this subpart 265

Subpart L - Scaffolds§1926.450 Scope, application and

definitions applicable to this subpart 269

§1926.451 General requirements 270§1926.452 Additional requirements

applicable to specific types of scaffolds 275

§1926.453 Aerial lifts 277§1926.454 Training requirements 2781926 Subpart L Appendix A Scaffold Specifications

(non-mandatory) 278

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Appendix B Criteria for determining the feasibility of providing safe access and fall protection for scaffold erectors and dismantlers (non-mandatory) 282

Appendix C List of national consensus standards (non-mandatory) 282

Appendix D List of training topics for scaffold erectors and dismantlers (non-mandatory) 282

Appendix E Drawings and illustrations (non-mandatory) 282

Subpart M - Fall Protection§1926.500 Scope, application, and definitions

applicable to this subpart 285§1926.501 Duty to have fall protection 286§1926.502 Fall protection systems criteria

and practices 287§1926.503 Training requirements 2901926 Subpart M Appendix A Determining Roof Widths —

non-mandatory guidelines for complying with §1926.501(b)(10) 291

Appendix B Guardrail systems — non-mandatory guidelines for complying with §1926.502(b) 292

Appendix C Personal fall arrest systems — non-mandatory guidelines for complying with §1926.502(d) 292

Appendix D Positioning device systems — non-mandatory guidelines for complying with §1926.502(e) 295

Appendix E Sample fall protection plan — non-mandatory guidelines for complying with §1926.502(k) 295

Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors§1926.550 Cranes and derricks 303§1926.551 Helicopters 306§1926.552 Material hoists, personnel

hoists, and elevators 307§1926.553 Base-mounted drum hoists 308§1926.554 Overhead hoists 308§1926.555 Conveyors 308

Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations§1926.600 Equipment 309§1926.601 Motor vehicles 309§1926.602 Material handling equipment 309§1926.603 Pile driving equipment 310§1926.604 Site clearing 311§1926.605 Marine operations and equipment 311§1926.606 Definitions applicable to this subpart 311

Subpart P - Excavations§1926.650 Scope, application, and definitions

applicable to this subpart 313§1926.651 Specific excavation requirements 313§1926.652 Requirements for protective systems 3141926 Subpart P Appendix A Soil Classification 316Appendix B Sloping and Benching 317Appendix C Timber shoring for trenches 319Appendix D Aluminum Hydraulic Shoring

for Trenches 323Appendix E Alternatives to timber shoring 326Appendix F Selection of protective systems 326

Subpart Q - Concrete and Masonry Construction§1926.700 Scope, application, and definitions

applicable to this subpart 329§1926.701 General requirements 329§1926.702 Requirements for equipment

and tools 329§1926.703 Requirements for cast-in-place

concrete 329§1926.704 Requirements for precast concrete 330§1926.705 Requirements for lift-slab

construction operations 330§1926.706 Requirements for

masonry construction 3311926 Subpart Q Appendix A References to Subpart Q

of Part 1926 331

Subpart R - Steel Erection§1926.750 Scope 333§1926.751 Definitions 333§1926.752 Site layout, site-specific erection

plan and construction sequence 334§1926.753 Hoisting and rigging 334§1926.754 Structural steel assembly 335§1926.755 Column anchorage 336§1926.756 Beams and columns 336§1926.757 Open web steel joists 336§1926.758 Systems-engineered metal buildings 337§1926.759 Falling object protection 338§1926.760 Fall protection 338§1926.761 Training 338§1926 Subpart R Appendix A Guidelines for establishing the

components of a site-specific erection plan: non-mandatory guidelines for complying with §1926.752(e) 339

Appendix B [Reserved] 339

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1903 - Inspections, Citations, and Proposed Penalties §1903.4 (b)

1903

Inspections, Citations,

and Proposed Penalties

1903 - Inspections, Citations, and Proposed Penalties

§1903.1Purpose and scope.

The Williams-Steiger Occupational Safety and Health Act of 1970 (84Stat. 1590 et seq., 29 U.S.C. 651 et seq.) requires, in part, that everyemployer covered under the Act furnish to his employees employmentand a place of employment which are free from recognized hazards thatare causing or are likely to cause death or serious physical harm to hisemployees. The Act also requires that employers comply with occupa-tional safety and health standards promulgated under the Act, and thatemployees comply with standards, rules, regulations and orders issuedunder the Act which are applicable to their own actions and conduct. TheAct authorizes the Department of Labor to conduct inspections, and toissue citations and proposed penalties for alleged violations. The Act,under section 20(b), also authorizes the Secretary of Health, Education,and Welfare to conduct inspections and to question employers andemployees in connection with research and other related activities. TheAct contains provisions for adjudication of violations, periods prescribedfor the abatement of violations, and proposed penalties by the Occupa-tional Safety and Health Review Commission, if contested by anemployer or by an employee or authorized representative of employees,and for judicial review. The purpose of this part 1903 is to prescribe rulesand to set forth general policies for enforcement of the inspection, cita-tion, and proposed penalty provisions of the Act. In situations where thispart 1903 sets forth general enforcement policies rather than substantiveor procedural rules, such policies may be modified in specific circum-stances where the Secretary or his designee determines that an alterna-tive course of action would better serve the objectives of the Act.

§1903.2Posting of notice; availability of the Act, regulations

and applicable standards.(a)(1) Each employer shall post and keep posted a notice or notices,

to be furnished by the Occupational Safety and Health Adminis-tration, U.S. Department of Labor, informing employees of theprotections and obligations provided for in the Act, and that forassistance and information, including copies of the Act and ofspecific safety and health standards, employees should contactthe employer or the nearest office of the Department of Labor.Such notice or notices shall be posted by the employer in eachestablishment in a conspicuous place or places where noticesto employees are customarily posted. Each employer shall takesteps to insure that such notices are not altered, defaced, orcovered by other material. [§1903.2(a)(1)]

(2) Where a State has an approved poster informing employees oftheir protections and obligations as defined in §1952.10 of thischapter, such poster, when posted by employers covered by theState plan, shall constitute compliance with the posting require-ments of section 8(c)(1) of the Act. Employers whose opera-tions are not within the issues covered by the State plan mustcomply with paragraph (a)(1) of this section. [§1903.2(a)(2)]

(3) Reproductions or facsimiles of such Federal or State postersshall constitute compliance with the posting requirements ofsection 8(c)(1) of the Act where such reproductions or facsimi-les are at least 8 ½ inches by 14 inches, and the printing size isat least 10 pt. Whenever the size of the poster increases, thesize of the print shall also increase accordingly. The caption orheading on the poster shall be in large type, generally not lessthan 36 pt. [§1903.2(a)(3)]

(b) Establishment means a single physical location where businessis conducted or where services or industrial operations are per-formed. (For example: A factory, mill, store, hotel, restaurant,movie theatre, farm, ranch, bank, sales office, warehouse, or cen-tral administrative office.) Where distinctly separate activities areperformed at a single physical location (such as contract construc-tion activities from the same physical location as a lumber yard),each activity shall be treated as a separate physical establish-ment, and a separate notice or notices shall be posted in eachsuch establishment, to the extent that such notices have been fur-nished by the Occupational Safety and Health Administration, U.S.Department of Labor. Where employers are engaged in activitieswhich are physically dispersed, such as agriculture, construction,transportation, communications, and electric, gas and sanitary ser-vices, the notice or notices required by this section shall be postedat the location to which employees report each day. Where

employees do not usually work at, or report to, a single establish-ment, such as longshoremen, traveling salesmen, technicians,engineers, etc., such notice or notices shall be posted at the loca-tion from which the employees operate to carry out their activities.In all cases, such notice or notices shall be posted in accordancewith the requirements of paragraph (a) of this section. [§1903.2(b)]

(c) Copies of the Act, all regulations published in this chapter and allapplicable standards will be available at all Area Offices of theOccupational Safety and Health Administration, U.S. Departmentof Labor. If an employer has obtained copies of these materials, heshall make them available upon request to any employee or hisauthorized representative for review in the establishment wherethe employee is employed on the same day the request is made orat the earliest time mutually convenient to the employee or hisauthorized representative and the employer. [§1903.2(c)]

(d) Any employer failing to comply with the provisions of thissection shall be subject to citation and penalty in accordance withthe provisions of section 17 of the Act. [§1903.2(d)]

[36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974]

§1903.3Authority for inspection.

(a) Compliance Safety and Health Officers of the Department of Laborare authorized to enter without delay and at reasonable times anyfactory, plant, establishment, construction site, or other area, work-place or environment where work is performed by an employee of anemployer; to inspect and investigate during regular working hours andat other reasonable times, and within reasonable limits and in a rea-sonable manner, any such place of employment, and all pertinentconditions, structures, machines, apparatus, devices, equipment andmaterials therein; to question privately any employer, owner, operator,agent or employee; and to review records required by the Act andregulations published in this chapter, and other records which aredirectly related to the purpose of the inspection. Representatives ofthe Secretary of Health, Education, and Welfare are authorized tomake inspections and to question employers and employees in orderto carry out the functions of the Secretary of Health, Education, andWelfare under the Act. Inspections conducted by Department ofLabor Compliance Safety and Health Officers and representatives ofthe Secretary of Health, Education, and Welfare under section 8 ofthe Act and pursuant to this part 1903 shall not affect the authority ofany State to conduct inspections in accordance with agreements andplans under section 18 of the Act. [§1903.3(a)]

(b) Prior to inspecting areas containing information which is clas-sified by an agency of the United States Government in the inter-est of national security, Compliance Safety and Health Officersshall have obtained the appropriate security clearance. [§1903.3(b)]

§1903.4Objection to inspection.

(a) Upon a refusal to permit the Compliance Safety and HealthOfficer, in exercise of his official duties, to enter without delay andat reasonable times any place of employment or any place therein,to inspect, to review records, or to question any employer, owner,operator, agent, or employee, in accordance with §1903.3 or topermit a representative of employees to accompany the Compli-ance Safety and Health Officer during the physical inspection ofany workplace in accordance with §1903.8, the Safety and HealthOfficer shall terminate the inspection or confine the inspection toother areas, conditions, structures, machines, apparatus, devices,equipment, materials, records, or interviews concerning which noobjection is raised. The Compliance Safety and Health Officershall endeavor to ascertain the reason for such refusal, and shallimmediately report the refusal and the reason therefor to the AreaDirector. The Area Director shall consult with the Regional Solici-tor, who shall take appropriate action, including compulsory pro-cess, if necessary. [§1903.4(a)]

(b) Compulsory process shall be sought in advance of anattempted inspection or investigation if, in the judgment of theArea Director and the Regional Solicitor, circumstances existwhich make such preinspection process desirable or necessary.Some examples of circumstances in which it may be desirable ornecessary to seek compulsory process in advance of an attemptto inspect or investigate include (but are not limited to): [§1903.4(b)](1) When the employer's past practice either implicitly or explicitly

puts the Secretary on notice that a warrantless inspection willnot be allowed; [§1903.4(b)(1)]

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§1903.5 1903 - Inspections, Citations, and Proposed Penalties

(2) When an inspection is scheduled far from the local office andprocuring a warrant prior to leaving to conduct the inspectionwould avoid, in case of refusal of entry, the expenditure of sig-nificant time and resources to return to the office, obtain a war-rant and return to the worksite; [§1903.4(b)(2)]

(3) When an inspection includes the use of special equipment orwhen the presence of an expert or experts is needed in order toproperly conduct the inspection, and procuring a warrant priorto an attempt to inspect would alleviate the difficulties or costsencountered in coordinating the availability of such equipmentor expert. [§1903.4(b)(3)]

(c) With the approval of the Regional Administrator and theRegional Solicitor, compulsory process may also be obtained bythe Area Director or his designee. [§1903.4(c)]

(d) For purposes of this section, the term compulsory process shallmean the institution of any appropriate action, including ex parteapplication for an inspection warrant or its equivalent. Ex parteinspection warrants shall be the preferred form of compulsory pro-cess in all circumstances where compulsory process is relied uponto seek entry to a workplace under this section. [§1903.4(d)]

[45 FR 65923, Oct. 3, 1980]

§1903.5Entry not a waiver.

Any permission to enter, inspect, review records, or question any per-son, shal not imply or be conditioned upon a waiver of any cause ofaction, citation, or penalty under the Act. Compliance Safety andHealth Officers are not authorized to grant any such waiver.

§1903.6Advance notice of inspections.

(a) Advance notice of inspections may not be given, except in thefollowing situations: [§1903.6(a)](1) In cases of apparent imminent danger, to enable the employer

to abate the danger as quickly as possible; [§1903.6(a)(1)](2) In circumstances where the inspection can most effectively be

conducted after regular business hours or where special prepa-rations are necessary for an inspection; [§1903.6(a)(2)]

(3) Where necessary to assure the presence of representatives ofthe employer and employees or the appropriate personnelneeded to aid in the inspection; and [§1903.6(a)(3)]

(4) In other circumstances where the Area Director determines thatthe giving of advance notice would enhance the probability ofan effective and thorough inspection. [§1903.6(a)(4)]

(b) In the situations described in paragraph (a) of this section,advance notice of inspections may be given only if authorized by theArea Director, except that in cases of apparent imminent danger,advance notice may be given by the Compliance Safety and HealthOfficer without such authorization if the Area Director is not immedi-ately available. When advance notice is given, it shall be theemployer's responsibility promptly to notify the authorized represen-tative of employees of the inspection, if the identity of such repre-sentative is known to the employer. (See §1903.8(b) as to situationswhere there is no authorized representative of employees.) Uponthe request of the employer, the Compliance Safety and HealthOfficer will inform the authorized representative of employees of theinspection, provided that the employer furnishes the ComplianceSafety and Health Officer with the identity of such representativeand with such other information as is necessary to enable himpromptly to inform such representative of the inspection. Anemployer who fails to comply with his obligation under this para-graph promptly to inform the authorized representative of employ-ees of the inspection or to furnish such information as is necessaryto enable the Compliance Safety and Health Officer promptly toinform such representative of the inspection, may be subject to cita-tion and penalty under section 17(c) of the Act. Advance notice inany of the situations described in paragraph (a) of this section shallnot be given more than 24 hours before the inspection is scheduledto be conducted, except in apparent imminent danger situations andin other unusual circumstances. [§1903.6(b)]

(c) The Act provides in section 17(f) that any person who givesadvance notice of any inspection to be conducted under the Act,without authority from the Secretary or his designees, shall, uponconviction, be punished by fine of not more than $1,000 or byimprisonment for not more than 6 months, or by both. [§1903.6(c)]

§1903.7Conduct of inspections.

(a) Subject to the provisions of §1903.3, inspections shall take placeat such times and in such places of employment as the Area Direc-tor or the Compliance Safety and Health Officer may direct. At thebeginning of an inspection, Compliance Safety and Health Officersshall present their credentials to the owner, operator, or agent incharge at the establishment; explain the nature and purpose of theinspection; and indicate generally the scope of the inspection andthe records specified in §1903.3 which they wish to review. How-ever, such designation of records shall not preclude access to addi-tional records specified in §1903.3. [§1903.7(a)]

(b) Compliance Safety and Health Officers shall have authority totake environmental samples and to take or obtain photographsrelated to the purpose of the inspection, employ other reasonableinvestigative techniques, and question privately any employer,owner, operator, agent or employee of an establishment. (See§1903.9 on trade secrets.) As used herein, the term employ otherreasonable investigative techniques includes, but is not limited to,the use of devices to measure employee exposures and theattachment of personal sampling equipment such as dosimeters,pumps, badges and other similar devices to employees in order tomonitor their exposures. [§1903.7(b)]

(c) In taking photographs and samples, Compliance Safety andHealth Officers shall take reasonable precautions to insure thatsuch actions with flash, spark-producing, or other equipmentwould not be hazardous. Compliance Safety and Health Officersshall comply with all employer safety and health rules and prac-tices at the establishment being inspected, and they shall wearand use appropriate protective clothing and equipment. [§1903.7(c)]

(d) The conduct of inspections shall be such as to precludeunreasonable disruption of the operations of the employer'sestablishment. [§1903.7(d)]

(e) At the conclusion of an inspection, the Compliance Safety andHealth Officer shall confer with the employer or his representativeand informally advise him of any apparent safety or health viola-tions disclosed by the inspection. During such conference, theemployer shall be afforded an opportunity to bring to the attentionof the Compliance Safety and Health Officer any pertinent informa-tion regarding conditions in the workplace. [§1903.7(e)]

(f) Inspections shall be conducted in accordance with the require-ments of this part. [§1903.7(f)]

[36 FR 17850, Sept. 14, 1971, as amended at 47 FR 6533, Feb. 12, 1982; 47 FR 55481, Dec. 10, 1982]

§1903.8Representatives of employers and employees.

(a) Compliance Safety and Health Officers shall be in charge ofinspections and questioning of persons. A representative of theemployer and a representative authorized by his employees shallbe given an opportunity to accompany the Compliance Safety andHealth Officer during the physical inspection of any workplace forthe purpose of aiding such inspection. A Compliance Safety andHealth Officer may permit additional employer representatives andadditional representatives authorized by employees to accompanyhim where he determines that such additional representatives willfurther aid the inspection. A different employer and employee rep-resentative may accompany the Compliance Safety and HealthOfficer during each different phase of an inspection if this will notinterfere with the conduct of the inspection. [§1903.8(a)]

(b) Compliance Safety and Health Officers shall have authority toresolve all disputes as to who is the representative authorized bythe employer and employees for the purpose of this section. Ifthere is no authorized representative of employees, or if the Com-pliance Safety and Health Officer is unable to determine with rea-sonable certainty who is such representative, he shall consult witha reasonable number of employees concerning matters of safetyand health in the workplace. [§1903.8(b)]

(c) The representative(s) authorized by employees shall be anemployee(s) of the employer. However, if in the judgment of theCompliance Safety and Health Officer, good cause has beenshown why accompaniment by a third party who is not anemployee of the employer (such as an industrial hygienist or asafety engineer) is reasonably necessary to the conduct of aneffective and thorough physical inspection of the workplace, suchthird party may accompany the Compliance Safety and HealthOfficer during the inspection. [§1903.8(c)]

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Imminent danger. §1903.13 (b)

1903

Inspections, Citations,

and Proposed Penalties

(d) Compliance Safety and Health Officers are authorized to denythe right of accompaniment under this section to any personwhose conduct interferes with a fair and orderly inspection. Theright of accompaniment in areas containing trade secrets shall besubject to the provisions of §1903.9(d). With regard to informationclassified by an agency of the U.S. Government in the interest ofnational security, only persons authorized to have access to suchinformation may accompany a Compliance Safety and HealthOfficer in areas containing such information. [§1903.8(d)]

§1903.9Trade secrets.

(a) Section 15 of the Act provides: “All information reported to orotherwise obtained by the Secretary or his representative in con-nection with any inspection or proceeding under this Act whichcontains or which might reveal a trade secret referred to in section1905 of title 18 of the United States Code shall be considered con-fidential for the purpose of that section, except that such informa-tion may be disclosed to other officers or employees concernedwith carrying out this Act or when relevant in any proceeding underthis Act. In any such proceeding the Secretary, the Commission, orthe court shall issue such orders as may be appropriate to protectthe confidentiality of trade secrets.” Section 15 of the Act is consid-ered a statute within the meaning of section 552(b)(3) of title 5 ofthe United States Code, which exempts from the disclosurerequirements matters that are “specifically exempted from disclo-sure by statute.” [§1903.9(a)]

(b) Section 1905 of title 18 of the United States Code provides:“Whoever, being an officer or employee of the United States or ofany department or agency thereof, publishes, divulges, discloses,or makes known in any manner or to any extent not authorized bylaw any information coming to him in the course of his employmentor official duties or by reason of any examination or investigationmade by, or return, report or record made to or filed with, suchdepartment or agency or officer or employee thereof, which infor-mation concerns or relates to the trade secrets, processes, opera-tions, style of work, or apparatus, or to the identity, confidentialstatistical data, amount or source of any income, profits, losses, orexpenditures of any person, firm, partnership, corporation, orassociation; or permits any income return or copy thereof or anybook containing any abstract or particulars thereof to be seen orexamined by any person except as provided by law; shall be finednot more than $1,000, or imprisoned not more than 1 year, or both;and shall be removed from office or employment.” [§1903.9(b)]

(c) At the commencement of an inspection, the employer mayidentify areas in the establishment which contain or which mightreveal a trade secret. If the Compliance Safety and Health Officerhas no clear reason to question such identification, informationobtained in such areas, including all negatives and prints of photo-graphs, and environmental samples, shall be labeled “confidential— trade secret” and shall not be disclosed except in accordancewith the provisions of section 15 of the Act. [§1903.9(c)]

(d) Upon the request of an employer, any authorized representativeof employees under §1903.8 in an area containing trade secretsshall be an employee in that area or an employee authorized bythe employer to enter that area. Where there is no such represen-tative or employee, the Compliance Safety and Health Officer shallconsult with a reasonable number of employees who work in thatarea concerning matters of safety and health. [§1903.9(d)]

§1903.10Consultation with employees.

Compliance Safety and Health Officers may consult with employeesconcerning matters of occupational safety and health to the extentthey deem necessary for the conduct of an effective and thoroughinspection. During the course of an inspection, any employee shall beafforded an opportunity to bring any violation of the Act which he hasreason to believe exists in the workplace to the attention of the Com-pliance Safety and Health Officer.

§1903.11Complaints by employees.

(a) Any employee or representative of employees who believe thata violation of the Act exists in any workplace where such employeeis employed may request an inspection of such workplace by giv-ing notice of the alleged violation to the Area Director or to a Com-pliance Safety and Health Officer. Any such notice shall bereduced to writing, shall set forth with reasonable particularity the

grounds for the notice, and shall be signed by the employee orrepresentative of employees. A copy shall be provided theemployer or his agent by the Area Director or Compliance Safetyand Health Officer no later than at the time of inspection, exceptthat, upon the request of the person giving such notice, his nameand the names of individual employees referred to therein shall notappear in such copy or on any record published, released, ormade available by the Department of Labor. [§1903.11(a)]

(b) If upon receipt of such notification the Area Director deter-mines that the complaint meets the requirements set forth in para-graph (a) of this section, and that there are reasonable grounds tobelieve that the alleged violation exists, he shall cause an inspec-tion to be made as soon as practicable, to determine if suchalleged violation exists. Inspections under this section shall not belimited to matters referred to in the complaint. [§1903.11(b)]

(c) Prior to or during any inspection of a workplace, any employeeor representative of employees employed in such workplace maynotify the Compliance Safety and Health Officer, in writing, of anyviolation of the Act which they have reason to believe exists in suchworkplace. Any such notice shall comply with the requirements ofparagraph (a) of this section. [§1903.11(c)]

(d) Section 11(c)(1) of the Act provides: “No person shall dischargeor in any manner discriminate against any employee becausesuch employee has filed any complaint or instituted or caused tobe instituted any proceeding under or related to this Act or has tes-tified or is about to testify in any such proceeding or because ofthe exercise by such employee on behalf of himself or others ofany right afforded by this Act.” [§1903.11(d)](Approved by the Office of Management and Budget under controlnumber 1218-0064) [§1903.11(d)]

[36 FR 17850, Sept. 4, 1973, as amended at 54 FR 24333, June 7, 1989]

§1903.12Inspection not warranted; informal review.

(a) If the Area Director determines that an inspection is not war-ranted because there are no reasonable grounds to believe that aviolation or danger exists with respect to a complaint under§1903.11, he shall notify the complaining party in writing of suchdetermination. The complaining party may obtain review of suchdetermination by submitting a written statement of position with theAssistant Regional Director and, at the same time, providing theemployer with a copy of such statement by certified mail. Theemployer may submit an opposing written statement of positionwith the Assistant Regional Director and, at the same time, providethe complaining party with a copy of such statement by certifiedmail. Upon the request of the complaining party or the employer,the Assistant Regional Director, at his discretion, may hold aninformal conference in which the complaining party and theemployer may orally present their views. After considering all writ-ten and oral views presented, the Assistant Regional Director shallaffirm, modify, or reverse the determination of the Area Directorand furnish the complaining party and the employer and writtennotification of this decision and the reasons therefor. The decisionof the Assistant Regional Director shall be final and not subject tofurther review. [§1903.12(a)]

(b) If the Area Director determines that an inspection is not war-ranted because the requirements of §1903.11(a) have not been met,he shall notify the complaining party in writing of such determination.Such determination shall be without prejudice to the filing of a newcomplaint meeting the requirements of §1903.11(a). [§1903.12(b)]

§1903.13Imminent danger.

Whenever and as soon as a Compliance Safety and Health Officerconcludes on the basis of an inspection that conditions or practicesexist in any place of employment which could reasonably be expectedto cause death or serious physical harm immediately or before theimminence of such danger can be eliminated through the enforce-ment procedures otherwise provided by the Act, he shall inform theaffected employees and employers of the danger and that he is rec-ommending a civil action to restrain such conditions or practices andfor other appropriate relief in accordance with the provisions of sec-tion 13(a) of the Act. Appropriate citations and notices of proposedpenalties may be issued with respect to an imminent danger eventhough, after being informed of such danger by the ComplianceSafety and Health Officer, the employer immediately eliminates theimminence of the danger and initiates steps to abate such danger.

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§1903.14 1903 - Inspections, Citations, and Proposed Penalties

§1903.14Citations; notices of de minimis violations; policy

regarding employee rescue activities.(a) The Area Director shall review the inspection report of the Com-

pliance Safety and Health Officer. If, on the basis of the report theArea Director believes that the employer has violated a require-ment of section 5 of the Act, of any standard, rule or order promul-gated pursuant to section 6 of the Act, or of any substantive rulepublished in this chapter, he shall, if appropriate, consult with theRegional Solicitor, and he shall issue to the employer either a cita-tion or a notice of de minimis violations which have no direct orimmediate relationship to safety or health. An appropriate citationor notice of de minimis violations shall be issued even though afterbeing informed of an alleged violation by the Compliance Safetyand Health Officer, the employer immediately abates, or initiatessteps to abate, such alleged violation. Any citation or notice of deminimis violations shall be issued with reasonable promptnessafter termination of the inspection. No citation may be issuedunder this section after the expiration of 6 months following theoccurrence of any alleged violation. [§1903.14(a)]

(b) Any citation shall describe with particularity the nature of thealleged violation, including a reference to the provision(s) of theAct, standard, rule, regulation, or order alleged to have been vio-lated. Any citation shall also fix a reasonable time or times for theabatement of the alleged violation. [§1903.14(b)]

(c) If a citation or notice of de minimis violations is issued for a viola-tion alleged in a request for inspection under §1903.11(a) or a notifica-tion of violation under §1903.11(c), a copy of the citation or notice of deminimis violations shall also be sent to the employee or representativeof employees who made such request or notification. [§1903.14(c)]

(d) After an inspection, if the Area Director determines that a cita-tion is not warranted with respect to a danger or violation allegedto exist in a request for inspection under §1903.11(a) or a notifica-tion of violation under §1903.11(c), the informal review proceduresprescribed in §1903.12(a) shall be applicable. After considering allviews presented, the Assistant Regional Director shall affirm thedetermination of the Area Director, order a reinspection, or issue acitation if he believes that the inspection disclosed a violation. TheAssistant Regional Director shall furnish the complaining party andthe employer with written notification of his determination and thereasons therefor. The determination of the Assistant RegionalDirector shall be final and not subject to review. [§1903.14(d)]

(e) Every citation shall state that the issuance of a citation does notconstitute a finding that a violation of the Act has occurred unlessthere is a failure to contest as provided for in the Act or, if contested,unless the citation is affirmed by the Review Commission. [§1903.14(e)]

(f) No citation may be issued to an employer because of a rescueactivity undertaken by an employee of that employer with respectto an individual in imminent danger unless: [§1903.14(f)](1)(i) Such employee is designated or assigned by the employer to

have responsibility to perform or assist in rescue operations,and [§1903.14(f)(1)(i)]

(ii) The employer fails to provide protection of the safety andhealth of such employee, including failing to provide appropri-ate training and rescue equipment; or [§1903.14(f)(1)(ii)]

(2)(i) Such employee is directed by the employer to perform rescueactivities in the course of carrying out the employee's jobduties, and [§1903.14(f)(2)(i)]

(ii) The employer fails to provide protection of the safety andhealth of such employee, including failing to provide appropri-ate training and rescue equipment; or [§1903.14(f)(2)(ii)]

(3)(i) Such employee is employed in a workplace that requires theemployee to carry out duties that are directly related to a work-place operation where the likelihood of life-threatening accidentsis foreseeable, such as a workplace operation where employeesare located in confined spaces or trenches, handle hazardouswaste, respond to emergency situations, perform excavations,or perform construction over water; and [§1903.14(f)(3)(i)]

(ii) Such employee has not been designated or assigned to per-form or assist in rescue operations and voluntarily elects torescue such an individual; and [§1903.14(f)(3)(ii)]

(iii)The employer has failed to instruct employees not desig-nated or assigned to perform or assist in rescue operations ofthe arrangements for rescue, not to attempt rescue, and ofthe hazards of attempting rescue without adequate training orequipment. [§1903.14(f)(3)(iii)]

(4) For purposes of this policy, the term “imminent danger” meansthe existence of any condition or practice that could reasonablybe expected to cause death or serious physical harm beforesuch condition or practice can be abated. [§1903.14(f)(4)]

[36 FR 17850, Sept. 4, 1971, as amended at 59 FR 66613, Dec. 27, 1994]

§1903.14aPetitions for modification of abatement date.

(a) An employer may file a petition for modification of abatementdate when he has made a good faith effort to comply with theabatement requirements of a citation, but such abatement has notbeen completed because of factors beyond his reasonable control.[§1903.14a(a)]

(b) A petition for modification of abatement date shall be in writingand shall include the following information: [§1903.14a(b)](1) All steps taken by the employer, and the dates of such action, in

an effort to achieve compliance during the prescribed abate-ment period. [§1903.14a(b)(1)]

(2) The specific additional abatement time necessary in order toachieve compliance. [§1903.14a(b)(2)]

(3) The reasons such additional time is necessary, including theunavailability of professional or technical personnel or of materi-als and equipment, or because necessary construction or alter-ation of facilities cannot be completed by the original abatementdate. [§1903.14a(b)(3)]

(4) All available interim steps being taken to safeguard the employ-ees against the cited hazard during the abatement period.[§1903.14a(b)(4)]

(5) A certification that a copy of the petition has been posted and, ifappropriate, served on the authorized representative of affectedemployees, in accordance with paragraph (c)(1) of this sectionand a certification of the date upon which such posting and ser-vice was made. [§1903.14a(b)(5)]

(c) A petition for modification of abatement date shall be filed withthe Area Director of the United States Department of Labor whoissued the citation no later than the close of the next working day fol-lowing the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer's statement ofexceptional circumstances explaining the delay. [§1903.14a(c)](1) A copy of such petition shall be posted in a conspicuous place

where all affected employees will have notice thereof or nearsuch location where the violation occurred. The petition shallremain posted for a period of ten (10) working days. Whereaffected employees are represented by an authorized represen-tative, said representative shall be served with a copy of suchpetition. [§1903.14a(c)(1)]

(2) Affected employees or their representatives may file an objec-tion in writing to such petition with the aforesaid Area Director.Failure to file such objection within ten (10) working days of thedate of posting of such petition or of service upon an authorizedrepresentative shall constitute a waiver of any further right toobject to said petition. [§1903.14a(c)(2)]

(3) The Secretary or his duly authorized agent shall have theauthority to approve any petition for modification of abatementdate filed pursuant to paragraphs (b) and (c) of this section.Such uncontested petitions shall become final orders pursuantto sections 10 (a) and (c) of the Act. [§1903.14a(c)(3)]

(4) The Secretary or his authorized representative shall not exer-cise his approval power until the expiration of fifteen (15) work-ing days from the date the petition was posted or servedpursuant to paragraphs (c) (1) and (2) of this section by theemployer. [§1903.14a(c)(4)]

(d) Where any petition is objected to by the Secretary or affectedemployees, the petition, citation, and any objections shall be for-warded to the Commission within three (3) working days after theexpiration of the fifteen (15) day period set out in paragraph (c)(4)of this section. [§1903.14a(d)]

[40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, 1975]

§1903.15Proposed penalties.

(a) After, or concurrent with, the issuance of a citation, and withina reasonable time after the termination of the inspection, the AreaDirector shall notify the employer by certified mail or by personalservice by the Compliance Safety and Health Officer of the pro-posed penalty under section 17 of the Act, or that no penalty isbeing proposed. Any notice of proposed penalty shall state that

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Boatswains’ Chair Scaffolds

INDEX 461

Index

Section #, Page #

IX

Subject Index

AAbrasive Wheels and Tools 1926.303 247Accident Prevention Responsibilities 1926.20(b) 137Administrative Adjudications 1926.4 129Aerial Lifts 1926.453, .952(b), .955(e)(12) 277, 370, 373

Boom Platforms 1926.453(b)(2) 278Bursting Safety Factor 1926.453(b)(4) 278Electrical Selection and Use of Work Practices 1910.333(c)(3)(i) 54Electrical Tests 1926.453(b)(3) 278Field Modifications 1926.453(a)(2) 278Ladder Trucks 1926.453(b)(1) 278Tower Trucks 1926.453(b)(1) 278Welding Standards 1926.453(b)(5) 278

Air QualityBreathing 1910.134(i) 24Underground Construction 1926.800(h), (j) 345, 346

Airborne Contaminant Mists 1926.55 142Airborne Radioactive Materials, Exposure 1910.1096(c) 113Alarms

Audible 1926.602(a)(9) 310Fire 1926.150(e) 222

Alternatives to Timber Shoring 1926 Subpart P App E 326Angle of Repose, Pile Driving 1926.603(c)(3) 311Arc Welding and Cutting 1926.351 252Arsenic, Inorganic 1910.1018 65

Compliance Methods 1910.1018(g) 65Definitions 1910.1018(b) 65Exposure Monitoring 1910.1018(e) 65Housekeeping 1910.1018(k) 66Hygiene 1910.1018(m) 66Medical Surveillance 1910.1018(n), .1018 App C 66, 69Observation 1910.1018(r) 68Permissible Exposure Limit 1910.1018(c) 65Protective Clothing and Equipment 1910.1018(j) 66Recordkeeping 1910.1018(q) 67Regulated Area 1910.1018(f) 65Respiratory Protection 1910.1018(h) 66Signs and Labels 1910.1018(p) 67Substance Information Sheet 1910.1018 App A 68Substance Technical Guidelines 1910.1018 App B 69Training 1910.1018(o) 67

Asbestos 1926.1101 393Airborne Concentration 1926.1101(c) 394Airborne or Dust Exposure 1926.55(c) 142Competent Person 1926.1101(o) 403Compliance

Contractors 1926.1101(d)(5) 394Methods 1926.1101(g) 395

Definitions 1926.1101(b) 393Exposure

Assessments and Monitoring 1926.1101(f) 394Permissible Limits 1926.1101(c) 394

Hazard Communication 1926.1101(k) 399Hazard Determination 1926.1101(k)(5)(i) 400Housekeeping 1926.1101(l) 401Hygiene Facilities and Practices 1926.1101(j) 399Information and Training 1926.1101(k)(9) 401Labels and Warnings 1926.1101(k)(9)(viii)(J) 401Medical Questionnaires 1926.1101 App D 409Medical Surveillance 1926.1101(m) 401Multi-Employer Worksites 1926.1101(d) 394Personal Protective Clothing 1926.1101(i) 399Recordkeeping 1926.1101(n) 402Regulated Areas 1926.1101(e) 394Respiratory Protection 1926.1101(h) 398Sampling and Analysis 1926.1101 App A, .1101 App B 403, 404

Audible Warning 1926.601(b)(3) 309Authorized Person (Definition) 1926.32(d) 138Automatic Circuit Recloser (Definition) 1926.960(b) 374

BBarges

Access 1926.605(b) 311First-Aid and Lifesaving Equipment 1926.605(d) 311Mobile Cranes 1926.550(f)(1) 304Pile Driving 1926.603(b) 310Working Surfaces 1926.605(c) 311

Barricades 1926.202 234Cranes 1926.550(a)(9) 303Definition 1926.203(a), .960(d) 234, 374Motor Vehicle Equipment 1926.600(a)(1) 309

Battery Changing and Charging 1910.178(g), 1926.441 49, 265Belts, Safety 1926.104 218

Definition 1926.107(f) 219Materials Storage 1926.250(b)(2) 235Pile Driving 1926.603(a)(8) 310

Benzene 1910.1028 74Communication of Benzene Hazards to Employees 1910.1028(j) 77Definitions 1910.1028(b) 74Exposure Monitoring and Measurement 1910.1028(e) 75Medical Surveillance 1910.1028(i), .1028 App C 76, 79Methods of Compliance 1910.1028(f) 75Observation of Monitoring 1910.1028(l) 78Permissible Exposure Limits 1910.1028(c) 75Protective Clothing and Equipment 1910.1028(h) 76Recordkeeping 1910.1028(k) 78Regulated Areas 1910.1028(d) 75Respiratory Protection 1910.1028(g) 76Sampling and Analysis 1910.1028 App D 81Substance Safety Data Sheet 1910.1028 App A 78Substance Technical Guidelines 1910.1028 App B 79

Benzidine (see also Carcinogens) 1910.1003 62Biological Hazard Signs and Tags 1910.1030(g) 88Blasting (see also Explosives) 1926.900 363

Blaster Qualifications 1926.901 364Definitions 1926.914 367Detonating Cords 1926.908 366Electric 1926.906 365Excavation Work 1926.913 367Firing 1926.909 366General Provisions 1926.900 363Loading 1926.905 365Misfires 1926.911 366Safety Fuses 1926.907 366Storage 1926.904 365Surface Transportation of Explosives 1926.902 364Underground Construction 1926.800(p) 348Underground Transportation of Explosives 1926.903 364Underwater 1926.912 366

BlockingJacks 1926.305(c) 248Motor Vehicles 1926.600(a)(3)(i) 309Pile Driving Equipment 1926.603(a) 310

Bloodborne Pathogens 1910.1030 84Compliance Methods 1910.1030(d) 85Definitions 1910.1030(b) 84Engineering and Work-Practice Controls 1910.1030(d)(2) 85Exposure Control 1910.1030(c) 84Hazard Communication 1910.1030(g) 88Housekeeping 1910.1030(d)(4) 86Laboratories and Production Facilities,

HIV and HBV Research 1910.1030(e) 87Personal Protective Equipment 1910.1030(c)(2)(ii), (d)(2)(i), (d)(3) 85Recordkeeping 1910.1030(f)(6), (h) 88, 89Sharps Injury Log 1910.1030(h)(5), Addendum 89, 443Training 1910.1030(e)(5), (g)(2) 87, 89Vaccinations, HBV 1910.1030(f) 87Warning Labels and Signs 1910.1030(g)(1) 88

Boatswains’ Chair Scaffolds 1926.452(o)(3) 276

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Body Belts, Safety Straps, and Lanyards

462 INDEX Section #, Page #

Body Belts, Safety Straps, and Lanyards 1926.959 374Buckles 1926.959(a)(2) 374Climbing Equipment 1926.951(b) 370Cushion Parts 1926.959(b)(2) 374D Rings 1926.959(a)(3) 374

Liners 1926.959(b)(4) 374Hardware 1926.959(a)(1) 374Snaphooks 1926.959(a)(4) 374

Keepers 1926.959(b)(6) 374Stitching 1926.959(b)(5) 374Testing 1926.959(b)(7) 374Tool Loops 1926.959(b)(3) 374

Boilers 1926.29(b) 138Pile Driving Equipment 1926.603(a)(1) 310

Boom Platforms 1926.453(b)(2) 278Brackets, Roofing 1926.452(h) 276Brakes

Earthmoving Equipment 1926.602(a)(4) 309Equipment 1926.600(a)(3)(ii), .602(a)(4) 309Motor Vehicles 1926.601(b)(1) 309Powered Industrial Trucks 1910.178(g)(8), (m)(5), (m)(7) 49, 50

Bricklayers’ Square Scaffolds 1926.452(e) 275Buildings, Temporary 1926.151(b) 222Bulkheads, Compressed Air 1926.803(m) 353

CCable Sheath (Definition) 1926.960(h) 375Cables

Definition 1926.960(g) 375Flexible Electric Cables and Cords 1926.405(a)(2)(ii)(I) 260Portable Electric Cables 1926.405(h) 261Trenching Cables 1926.956(c) 373Welding Cables and Connectors 1926.351(b) 252

Cadmium 1926.1127 424Airborne Concentration 1926.1127(c) 424Compliance Methods 1926.1127(f) 425Definitions 1926.1127(b) 424Emergency Situations 1926.1127(h) 426Exposure, Permissible 1926.1127(c) 424Hazard Communication 1926.1127(m) 430Housekeeping 1926.1127(k) 426Hygiene Facilities and Practices 1926.1127(j) 426Medical Surveillance 1926.1127(l) 426Monitoring 1926.1127(d) 424Observation 1926.1127(o) 431Personal Protective Equipment and Clothing 1926.1127(i) 426Recordkeeping 1926.1127(n) 431Regulated Areas 1926.1127(e) 425Respirator Protection 1926.1127(g) 425

Caissons 1926.801 350Carbon Tetrachloride 1926.150(c)(1)(vii) 221Carcinogens 1910.1003 62

Area Requirements 1910.1003(c) 63Closed System Operations 1910.1003(c)(2) 63Decontamination Activities 1910.1003(c)(5) 63Isolated Systems 1910.1003(c)(1) 63Maintenance Activities 1910.1003(c)(5) 63Open-Vessel System Operations 1910.1003(c)(3) 63Transferring Operations 1910.1003(c)(4) 63

Definitions 1910.1003(b) 63Medical Surveillance 1910.1003(g) 64

Examinations 1910.1003(g)(1) 64Records 1910.1003(g)(2) 64

Regulated Area Requirements 1910.1003(d) 63Contamination Control 1910.1003(d)(4) 64Emergency Situations 1910.1003(d)(2) 63Hygiene Practices 1910.1003(d)(3) 64Respirator Program 1910.1003(d)(1) 63

Reports 1910.1003(f) 64Scope and Application 1910.1003(a) 62Signs, Information and Training 1910.1003(e) 64

Container Contents and Identification 1910.1003(e)(2) 64Lettering 1910.1003(e)(3) 64Prohibited Statements 1910.1003(e)(4) 64Signs 1910.1003(e)(1) 64Training and Indoctrination 1910.1003(e)(5) 64

Cardiopulmonary Resuscitation (CPR)Commercial Diving Operations 1910.410(a)(3) 56Permit-Required Confined Spaces 1910.146(k)(2)(iii) 37

Cargo Hooks 1926.551(d) 306Carpenters’ Bracket Scaffolds 1926.452(g) 276Certifications

Boilers 1926.29(b) 138Pressure Vessels 1926.29(a) 137

Chains, Alloy Steel 1926.251(b) 235

ChemicalsHazard Communication 1910.1200 116

Definitions 1910.1200(c) 117Employee Information and Training 1910.1200(h) 121Hazard Determination 1910.1200(d) 119Labels and Other Forms of Warning 1910.1200(f) 119Material Safety Data Sheets 1910.1200(g) 120Trade Secrets 1910.1200(i) 121Written Program 1910.1200(e) 119

Highly Hazardous, Process Safety Management 1926.64 181Chemicals, Toxics, and Reactives, Threshold List 1926.64 App A 184Compliance Audits 1926.64(o) 184Compliance Guidelines 1926.64 App C 186Contractors, Employer Responsibilities 1926.64(h) 182Definitions 1926.64(b) 181Emergency Planning and Response 1926.64(n) 184Employee Participation 1926.64(c) 181Hot Work Permit 1926.64(k) 183Incident Investigation 1926.64(m) 183Management of Change 1926.64(l) 183Mechanical Integrity 1926.64(j) 183Operating Procedures 1926.64(f) 182Pre-Startup Safety Review 1926.64(i) 183Process Hazard Analysis 1926.64(e) 182Process Safety Information 1926.64(d) 181Trade Secrets 1926.64(p) 184Training 1926.64(g) 182

Chimneys, Removal 1926.854 361Chutes 1926.852 361

Demolition 1926.852 361Waste Disposal 1926.252(a), (b) 244

CircuitsLockout and Tagging 1926.417 264Voltage of 1926.960(rr), (ss) 375

Clearing, ClearancesCranes and Derricks 1926.550(a)(15)(iv) 303Electric Equipment, Workspace Around 1926.403(i)(1)(i), (j)(3) 255, 256Fire Prevention 1926.151(d) 222Materials Storage 1926.250(a)(3) 235Site 1926.604 311Temporary Heating Devices 1926.154(b) 231

Climbing Equipment 1926.951(b) 370Body Belts 1926.951(b)(1)-(3), .959 370, 374Lanyards 1926.951(b)(1), (b)(4), .959 370, 374Lifelines 1926.951(b)(4)(i) 370Ropes 1926.951(b)(5) 370Safety Lines 1926.951(b)(4)(ii) 370Straps, Safety 1926.951(b)(1)-(3), .959 370, 374

Clothing (see also Personal Protective Equipment) 1926.95 217Coal Tar Pitch Volatiles, Interpretation of Term 1910.1002 62Cofferdams 1926.802 350Combustible Dusts, Trucks Used 1910.178(c)(2)(vi) 49Competent Person (Definition) 1926.32(f) 138Compressed Air 1926.803 350

Bulkheads and Safety Screens 1926.803(m) 353Compression 1926.803(e) 351Decompression 1926.803(f), (g)(2) 351, 352Electricity 1926.803(j) 352Excavations 1926.913 367Fire Prevention 1926.803(l) 353Man Locks 1926.803(g)(1) 351Medical Attendance, Examination, and Regulations 1926.803(b) 350Power-Operated Hand Tools 1926.302(b)(4) 246Sanitation 1926.803(k) 353Signs and Records 1926.803(d) 351Telephone and Signal Communication 1926.803(c) 351Ventilation 1926.803(i) 352

Compressor Plants 1926.803(h) 352Concrete Construction

Cast-In-Place 1926.703 329Formwork, General 1926.703(a) 329Formwork, Removal 1926.703(e) 330Reinforcing Steel 1926.701(b), .703(d) 329, 330Shoring and Reshoring 1926.703(b) 329Test Requirements -- Compressive Strength 1926.703(e)(1) 330Vertical Slip Forms 1926.703(c) 330

Definitions 1926.700(b) 329Equipment and Tools 1926.702 329General Requirements 1926.701 329Lift-Slab Operations 1926.705 330Lockout/Tagout 1926.702(j) 329Post-Tensioning 1926.701(c) 329Precast 1926.704 330Pumping Systems 1926.702(e) 329

ConductorsDeenergized 1926.955(c) 372Wire 1926.954(c) 371

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Equipment

INDEX 463Section #, Page #

IXIX

Subject Index

Confined SpacesInstruction of Employees Relating to 1926.21(b)(6) 137Permit-Required 1910.146 33

Atmospheric Testing 1910.146 App B 39Attendant Duties 1910.146(i) 36Authorized Entrant Duties 1910.146(h) 36Definitions 1910.146(b) 33Entry

Permit 1910.146(f) 36Supervisor Duties 1910.146(j) 36

Flow Chart, Decisions 1910.146 App A 38Permit

Samples 1910.146 App D 41System 1910.146(e) 36

Programs 1910.146(d) 35Examples 1910.146 App C 39

Rescue and Emergency Services 1910.146(k) 37Sewer System Entry 1910.146 App E 42Training 1910.146(g) 36

Welding and Cutting 1926.353(b) 253Containers

LP-Gas 1926.153 230Welding and Cutting 1926.352(i) 252

ContaminantsAirborne, TLV 1926.55, .55 App A 142, 143Definition 1926.107(a) 219

ContractorsControl of Hazardous Energy (Lockout/Tagout) 1910.147(f)(2) 46Hazard Communication 1910.1200(e)(2), (i)(3)(v) 119, 121Permit-Required Confined Spaces 1910.146(c)(8), (9) 35

Contracts, Mixed Performance 1926.14 134Conveyors 1926.555 308Cranes 1926.550, .952(c) 303, 370

Electric Equipment and Wiring, Installation of 1926.406(a) 262Erection Cranes 1926.955(b)(6)(i) 372Suspended Personnel Platforms 1926.550(g) 304

Crawling Boards 1926.452(m) 276Cutoffs, Fire 1926.150(f) 222Cylinders, Welding and Cutting 1926.350 251

DDecompression 1926.803(f) 351

Chambers 1926.803(g)(2) 352Tables 1926 Subpart S App A 354

Deenergized Conductors, Stringing and Removing 1926.955(c) 372Deenergizing Lines and Equipment 1926.950(d) 369

Disconnecting 1926.950(d)(2) 369Guards and Barriers 1926.950(d)(1)(v), (d)(2)(i) 369Identification 1926.950(d)(1)(i) 369Inspections 1926.950(b), (d)(1)(iii) 369Isolation 1926.950(d)(1)(i) 369Notification by Designated Employee 1926.950(d)(1)(ii) 369Protective Grounds 1926.950(d)(1)(iv) 369Switches and Disconnectors 1926.950(d)(1)(ii)(a) 369Tagging 1926.950(d)(1)(ii)(b), (d)(1)(vi) 369Work Completion 1926.950(d)(1)(vii), (d)(2)(ii) 369

DemolitionChutes 1926.852 361Entrances 1926.850(k) 361Explosives 1926.860 362Flammable Gases 1926.850(e) 361Floors 1926.850, .853, .855, .856 361, 362Mechanical 1926.859 362Passageways 1926.851 361Stairways 1926.851 361Steel Construction 1926.858 362Storage 1926.857 362

Derrick Trucks 1926.952(c) 370Derricks 1926.550 303

Floating Derricks 1926.550(f) 304Suspended Personnel Platforms 1926.550(g) 304

Designated Person (Definition) 1926.32(i) 138Detonating Cords 1926.908 366Diesel Powered Trucks 1910.178(b)(1)-(3) 474-Dimethylaminoazo-benzene (see also Carcinogens) 1910.1003 62Disposal

Exhaust Materials 1926.57(e) 149Waste Materials 1926.252 244

Diving 1910.401-.441 55Recreational Subpart T App C 60

Scientific 1910.401(a)(2)(iv), .402, Subpart T App B 55, 60Dockboards 1910.178(n)(11) 51DOT Markings, Retention of Markings, Placards, and Labels 1910.1201 127Drilling, Underground Construction 1926.800(q) 348Dump Trucks 1926.601(b)(10)-(12) 309Dusts 1926.55 142

EEar Protection 1926.101 217Earthmoving Equipment 1926.602(a) 309Egress, Means 1926.34 138

Exit Marking 1926.34(b) 138Maintenance 1926.34(c) 138

Electric Power Lines 1910.333(c)(3) 54Electric Transmission and Distribution Lines (see also

Power Transmission and Distribution) 1926.950 369Electric Wiring 1910.333 53Electrical, Electricity

Batteries and Charging 1926.441 265Circuits, Lockout and Tagging 1926.417 264Compressed Air Chambers 1926.803(j) 352Cranes and Derricks 1926.550(a)(15) 303Equipment Installation and Maintenance 1926.402, .431 255, 264Grounding and Bonding 1926.404(f) 258Hazardous Locations 1926.407 262Power-Operated Tools 1926.302(a) 246Safety-Related Work Practices

Confined Spaces 1910.333(c)(5) 54Illumination 1910.333(c)(4) 54Ladders, Portable 1910.333(c)(7) 55Lockout and Tagging 1910.333(b)(2) 53Personal Protective Equipment 1910.333(c)(2) 54Power Lines Overhead 1910.333(c)(3) 54Training 1910.332 53

Underground Construction 1926.800(s) 349Wiring Design and Protection 1926.404 256

Electrode Conductor, Grounding 1926.954(h) 371Definition 1926.960(bb) 375

Electrode Holders 1926.351(a), (d) 252Electrostatic Apparatus, Fixed 1926.66(e) 214

SprayingConformance 1926.66(e)(1) 214Conveyors 1926.66(e)(7) 215Fail-Safe Controls 1926.66(e)(9) 215Fire Protection 1926.66(e)(12) 215Grounding 1926.66(e)(5) 215Guarding 1926.66(e)(10) 215Insulators 1926.66(e)(5) 215Location 1926.66(e)(3) 215Safe Distances 1926.66(e)(6) 215Support 1926.66(e)(4) 215Ventilation 1926.66(e)(11) 215

Electrostatic Hand Spraying Equipment 1926.66(f) 215Application 1926.66(f)(1) 215Approval 1926.66(f)(3) 215Conformance 1926.66(f)(2) 215Electrical Support Equipment 1926.66(f)(4) 215Grounding 1926.66(f)(6) 215Grounds Maintenance 1926.66(f)(7) 215Interlocks 1926.66(f)(8) 215Specifications 1926.66(f)(3) 215Spray Gun Ground 1926.66(f)(5) 215Ventilation 1926.66(f)(9) 215

Elevators, Escalators, Moving Walks 1926.406(b) 262Emergency Action Plan 1926.35 138

Hazardous Waste Operations and Emergency Response 1926.65(q)(1) 200Highly Hazardous Chemicals, Process Safety Management 1926.64(n) 184

Emergency ProvisionsExcavation Rescue Equipment 1926.651(g)(2) 314Underground Construction 1926.800(g) 345

Employee (Definition) 1926.32(j) 138Employee Rescue 1903.14(f) 4Employee-Owned Protective Equipment 1910.132(b) 19Employer (Definition) 1926.32(k) 138Enclosed Spaces

Cranes and Derricks 1926.550(a)(11) 303Welding and Cutting 1926.352(g) 252

Energized Substations 1926.957 374Barricades and Barriers 1926.957(c) 374Control Panels 1926.957(d) 374Deenergized Equipment and Lines 1926.957(b) 374Energized Equipment Facilities, Work Near 1926.957(a) 374Fences 1926.957(g) 374Lowboys 1926.957(e)(3) 374Mechanical Equipment 1926.957(e) 374Storage 1926.957(f) 374Warning Signs 1926.957(c)(2) 374Work Authorizations 1926.957(a)(1) 374

Entrances (Demolition) 1926.850(k) 361Entry, Right of 1926.3 129Equipment

Earthmoving 1926.602(a) 309Electrical 1926.402, .431 255, 264Firefighting 1926.150(c), (d) 221, 222

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Equipment

464 INDEX Section #, Page #

Equipment (continued)Life Saving 1926.100-.106 217– 219Marine 1926.605 311Mechanized 1926.600 309Personal Protective 1926.95-.107 217– 219Pile Driving 1926.603 310Rigging 1926.251 235Underground Construction 1926.800(i), (k)(10) 346, 347

Ethyleneimine (see also Carcinogens) 1910.1003 62Evacuation, Ionizing Radiation 1910.1096(f) 114Excavations

Access and Egress 1926.651(c) 313Adjacent Structure Stability 1926.651(i) 314Definitions 1926.650(b) 313Emergency Rescue Equipment 1926.651(g)(2) 314Equipment 1926.602(b), .955(b)(4)(i), .956(c), .957(h) 310, 371, 373, 374Fall Protection 1926.651(l) 314Hazardous Atmospheres 1926.651(g) 314Inspections 1926.651(k) 314Pier Holes, Bell-Bottom 1926.651(g)(2)(ii) 314Protective Systems 1926.652, Subpart P App F 314, 326Rescue Equipment 1926.651(g)(2) 314Shield Systems 1926.652(c), 1926 Subpart P App B 315, 317Shoring 1926.652(c) 315

Aluminum Hydraulic 1926 Subpart P App D 323Timber 1926 Subpart P App C 319

Sloping and Benching 1926.652(b), Subpart P App B 314, 317Soil Classification 1926 Subpart P App A 316Surface Encumbrances 1926.651(a) 313Trench Excavation 1926.650-.652 313– 314Ventilation 1926.651(g)(1)(iii) 314

Exhausts 1926.57 148Cranes and Derricks 1926.550(a) 303

Explosives (see also Blasting) 1926.900 363Loading 1926.905 365Storage 1926.904 365Surface Transportation 1926.902 364Underground Transportation 1926.903 364

Exposure, Ionizing Radiation (see also Ionizing Radiation)Airborne Radioactive Material 1910.1096(c) 113Radiation Exposure 1910.1096(b) 113

Minors 1910.1096(b)(3), (c)(2), (d)(2)(ii) 113, 114Eye Protection 1926.102 217Eye Washes/Showers, Formaldehyde 1910.1048(i)(3) 91

FFace Protection 1926.102 217Fall Protection

Bricklaying 1926.501(b)(9) 286Criteria and Practices 1926.502 287Dangerous Equipment 1926.501(b)(8) 286Definitions 1926.500(b) 285Excavations 1926.501(b)(7) 286Falling Object Protection 1926.501(c) 287Formwork and Reinforcing Steel 1926.501(b)(5) 286Guardrail Systems 1926.502(b), Subpart M App B 287, 292Hoist Areas 1926.501(b)(3) 286Holes 1926.501(b)(4) 286Leading Edges 1926.501(b)(2) 286Personal Fall Arrest Systems 1926.502(d), Subpart M App C 288, 292Positioning Device Systems 1926.502(e), Subpart M App D 288, 295Precast Concrete 1926.501(b)(12) 286Ramps, Runways, Walkways 1926.501(b)(6) 286Residential Construction 1926.501(b)(13) 287Retraining 1926.503(c) 290Roofs

Low-Slope 1926.501(b)(10) 286Steep 1926.501(b)(11) 286Width Determination Guidelines 1926 Subpart M App A 291

Safety Net Systems 1926.502(c) 287Sample Plan 1926 Subpart M App E 295Training Certification 1926.503(b) 290Training Program 1926.503(a) 290Unprotected Sides and Edges 1926.501(b)(1) 286Wall Openings 1926.501(b)(14) 287

Fenders, Earthmoving Equipment 1926.602(a)(5) 309Fire Alarm Devices 1926.150(e) 222Fire Extinguishers 1926.150(c)(1) 221

Cranes and Derricks 1926.550(a)(14)(i) 303Fire Extinguishers Data 1926.150 Table F-1 221Underground Construction 1926.800(m)(8), (m)(11) 347Welding and Cutting 1926.352(d) 252

Fire Prevention 1926.24, .151 137, 222Compressed Air 1926.803(l) 353Oil and Grease Hazards 1926.350(i) 252Preservative Coatings 1926.354 253Underground Construction 1926.800(m) 347

Fire Prevention (continued) Welding and Cutting 1926.352 252

Fire Protection 1926.150 221Cutoffs 1926.150(f) 222Fire Alarm Devices 1926.150(e) 222Firefighting Equipment 1926.150(c), (d) 221, 222Prevention Program 1926.24 137Trucks 1910.178 47Water Supply and Equipment 1926.150(b) 221

Firefighting Equipment 1926.150(c), (d) 221, 222First Aid 1926.23, .50, .950(e) 137, 141, 369

Marine Operations 1926.605(d) 311Tunnels and Shafts 1926.803(b)(7), (8) 351

Flammable and Combustible Liquids 1926.152 222Hazard Communication 1910.1200 116Process Safety Management of Highly Hazardous Chemicals 1926.64 181

Flash Point (Definition) 1926.155(i) 232Float Scaffolds 1926.451(g)(1) 273Floors, Flooring

Demolition 1926.850, .853, .855, .856 361, 362Openings 1926.500 285

Food Handling 1926.51(d) 141Footing Excavations 1926.955(b)(3), .957(h) 371, 374Fork Trucks (see also Powered Industrial Trucks) 1910.178 47Forklifts and Forklift Training 1926.602(c), (d) 310Formaldehyde 1910.1048 90

Airborne Concentration 1910.1048(c) 90Compliance 1910.1048(f) 90Definitions 1910.1048(b) 90Emergencies 1910.1048(k) 91Exposure

Monitoring 1910.1048(d) 90Permissible Limit 1910.1048(c) 90

Hazard Communication 1910.1048(m) 93Housekeeping 1910.1048(j) 91Hygiene Protection 1910.1048(i) 91Medical Disease Questionnaire 1910.1048 App D 101Medical Surveillance 1910.1048(l), .1048 App C 91, 100Personal Protective Equipment 1910.1048(h) 91Recordkeeping 1910.1048(o) 93Regulated Areas 1910.1048(e) 90Respiratory Protection 1910.1048(g) 91Training Employees 1910.1048(n) 93

Fuel, Fueling, RefuelingCranes and Derricks 1926.550(a)(14) 303Diesel, Underground Construction 1926.800(m) 347Flammable and Combustible Liquids 1926.152 222Fuel Gases 1926.350(d), (e) 251Fuel Powered Tools 1926.302(c) 246Handling and Storage 1910.178(f) 49LP Gas Dispensing 1926.153(e) 230Oxygen Manifolds 1926.350(e) 251

Fumes (see also Ventilation) 1926.55 142Fuses, Safety 1926.907 366

GGas Welding and Cutting 1926.350 251Gases 1926.55 142

Excavations, Hazardous Atmospheres 1926.651(g) 314Fuel Gases 1926.350(d), (e) 251Gassy Operations, Underground Construction 1926.800(h) 345Liquefied Petroleum Gas (LP-Gas) 1926.153 230

Gasoline Powered Trucks 1910.178(b)(8), (9) 47Gloves 1926.951(a)(1)(iii) 370Goggles 1926.102(a)(3) 217

Labels 1926.102(b)(2)(ii) 218Lasers 1926.102(b)(2) 218Welding 1926.102(b)(1) 218

Grades, Access 1926.602(a)(3) 309Grinding Machines 1926.303 247Ground Support

Excavations 1926.651(a), (h)-(j), .652 313, 314Underground Construction 1926.800(o) 348

GroundingCranes and Derricks 1926.550(a)(15) 303Employee Protection 1926.954 371Return and Machine Grounding 1926.351(c) 252Systems, Circuits, and Equipment 1926.404(f) 258

Guarding (see also Fall Protection) 1926.500 285Guards and Guardrails 1926.500 285

Cranes and Derricks 1926.550(a)(13)(ii) 303Guardrail Systems 1926.502(b), Subpart M App B 287, 292Scaffolds 1926.451 270Stairways 1926.500(a)(2)(vii) 285Trucks 1910.178(e) 49

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