29 CFR Part 1926 (Labor)

Transcription

29Part 1926Revised as of July 1, 2002LaborContaining a codification of documentsof general applicability and future effectAs of July 1, 2002With AncillariesPublished bythe Office of the Federal RegisterNational Archives and RecordsAdministrationA Special Edition of the Federal RegisterVerDate Aug 2, 200210:41 Aug 02, 2002Jkt 197110PO 00000Frm 00001Fmt 8091Sfmt 8091Y:\SGML\197110F.XXXpfrm12PsN: 197110F

U.S. GOVERNMENT PRINTING OFFICEWASHINGTON : 2002For sale by the Superintendent of Documents, U.S. Government Printing OfficeInternet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402–0001VerDate May 23 200211:01 Jul 18, 2002Jkt 197102PO 00000Frm 00002Fmt 8092Sfmt 8092Y:\SGML\197110F.XXXpfrm12PsN: 197110F

Table of ContentsPageExplanation .vTitle 29:Subtitle B—Regulations Relating to Labor (Continued)Chapter XVII—Occupational Safety and Health Administration,Department of Labor (Continued) .5Finding Aids:Material Approved for Incorporation by Reference .617Table of CFR Titles and Chapters .623Alphabetical List of Agencies Appearing in the CFR .641Redesignation Table .651List of CFR Sections Affected .653iiiVerDate Aug 2, 200209:09 Aug 07, 2002Jkt 197110PO 00000Frm 00003Fmt 8092Sfmt 8092Y:\SGML\197110F.XXXpfrm12PsN: 197110F

Cite this Code:CFRTo cite the regulations inthis volume use title,part and section number. Thus, 29 CFR1926.1 refers to title 29,part 1926, section 1.ivVerDate May 23 200211:01 Jul 18, 2002Jkt 197102PO 00000Frm 00004Fmt 8092Sfmt 8092Y:\SGML\197110F.XXXpfrm12PsN: 197110F

ExplanationThe Code of Federal Regulations is a codification of the general and permanentrules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which representbroad areas subject to Federal regulation. Each title is divided into chapterswhich usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.Each volume of the Code is revised at least once each calendar year and issuedon a quarterly basis approximately as follows:Title 1 through Title 16.as of January 1Title 17 through Title 27 .as of April 1Title 28 through Title 41 .as of July 1Title 42 through Title 50 .as of October 1The appropriate revision date is printed on the cover of each volume.LEGAL STATUSThe contents of the Federal Register are required to be judicially noticed (44U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the textof the original documents (44 U.S.C. 1510).HOW TO USE THE CODE OF FEDERAL REGULATIONSThe Code of Federal Regulations is kept up to date by the individual issuesof the Federal Register. These two publications must be used together to determine the latest version of any given rule.To determine whether a Code volume has been amended since its revision date(in this case, July 1, 2002), consult the ‘‘List of CFR Sections Affected (LSA),’’which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ whichappears in the Reader Aids section of the daily Federal Register. These two listswill identify the Federal Register page number of the latest amendment of anygiven rule.EFFECTIVE AND EXPIRATION DATESEach volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations forthe regulations are referred to by volume number and page number of the FederalRegister and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining theactual effective date. In instances where the effective date is beyond the cutoff date for the Code a note has been inserted to reflect the future effectivedate. In those instances where a regulation published in the Federal Registerstates a date certain for expiration, an appropriate note will be inserted followingthe text.OMB CONTROL NUMBERSThe Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agenciesto display an OMB control number with their information collection request.vVerDate May 23 200211:01 Jul 18, 2002Jkt 197102PO 00000Frm 00005Fmt 8008Sfmt 8092Y:\SGML\197110F.XXXpfrm12PsN: 197110F

Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed asclose as possible to the applicable recordkeeping or reporting requirements.OBSOLETE PROVISIONSProvisions that become obsolete before the revision date stated on the coverof each volume are not carried. Code users may find the text of provisions ineffect on a given date in the past by using the appropriate numerical list ofsections affected. For the period before January 1, 1986, consult either the Listof CFR Sections Affected, 1949–1963, 1964–1972, or 1973–1985, published in seven separate volumes. For the period beginning January 1, 1986, a ‘‘List of CFR SectionsAffected’’ is published at the end of each CFR volume.INCORPORATION BY REFERENCEWhat is incorporation by reference? Incorporation by reference was establishedby statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Registermust approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C.552(a)). This material, like any other properly issued regulation, has the forceof law.What is a proper incorporation by reference? The Director of the Federal Registerwill approve an incorporation by reference only when the requirements of 1 CFRpart 51 are met. Some of the elements on which approval is based are:(a) The incorporation will substantially reduce the volume of material published in the Federal Register.(b) The matter incorporated is in fact available to the extent necessary toafford fairness and uniformity in the administrative process.(c) The incorporating document is drafted and submitted for publication inaccordance with 1 CFR part 51.Properly approved incorporations by reference in this volume are listed in theFinding Aids at the end of this volume.What if the material incorporated by reference cannot be found? If you have anyproblem locating or obtaining a copy of material listed in the Finding Aids ofthis volume as an approved incorporation by reference, please contact the agencythat issued the regulation containing that incorporation. If, after contacting theagency, you find the material is not available, please notify the Director of theFederal Register, National Archives and Records Administration, Washington DC20408, or call (202) 523–4534.CFR INDEXES AND TABULAR GUIDESA subject index to the Code of Federal Regulations is contained in a separatevolume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.This volume contains the Parallel Table of Statutory Authorities and AgencyRules (Table I). A list of CFR titles, chapters, and parts and an alphabeticallist of agencies publishing in the CFR are also included in this volume.An index to the text of ‘‘Title 3—The President’’ is carried within that volume.The Federal Register Index is issued monthly in cumulative form. This indexis based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Register.A List of CFR Sections Affected (LSA) is published monthly, keyed to therevision dates of the 50 CFR titles.viVerDate May 23 200211:01 Jul 18, 2002Jkt 197102PO 00000Frm 00006Fmt 8008Sfmt 8092Y:\SGML\197110F.XXXpfrm12PsN: 197110F

REPUBLICATION OF MATERIALThere are no restrictions on the republication of material appearing in theCode of Federal Regulations.INQUIRIESFor a legal interpretation or explanation of any regulation in this volume,contact the issuing agency. The issuing agency’s name appears at the top ofodd–numbered pages.For inquiries concerning CFR reference assistance, call 202–523–5227 or writeto the Director, Office of the Federal Register, National Archives and RecordsAdministration, Washington, DC 20408 or e–mail info@fedreg.nara.gov.SALESThe Government Printing Office (GPO) processes all sales and distribution ofthe CFR. For payment by credit card, call 202–512–1800, M–F, 8 a.m. to 4 p.m.e.s.t. or fax your order to 202–512–2250, 24 hours a day. For payment by check,write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954,Pittsburgh, PA 15250–7954. For GPO Customer Service call 202–512–1803.ELECTRONIC SERVICESThe full text of the Code of Federal Regulations, The United States Government Manual, the Federal Register, Public Laws, Public Papers, Weekly Compilation of Presidential Documents and the Privacy Act Compilation are availablein electronic format at www.access.gpo.gov/nara (‘‘GPO Access’’). For more information, contact Electronic Information Dissemination Services, U.S. Government Printing Office. Phone 202–512–1530, or 888–293–6498 (toll–free). E–mail,gpoaccess@gpo.gov.The Office of the Federal Register also offers a free service on the NationalArchives and Records Administration’s (NARA) World Wide Web site for publiclaw numbers, Federal Register finding aids, and related information. Connectto NARA’s web site at www.nara.gov/fedreg. The NARA site also contains linksto GPO Access.RAYMOND A. MOSLEY,Director,Office of the Federal Register.July 1, 2002.viiVerDate May 23 200211:01 Jul 18, 2002Jkt 197102PO 00000Frm 00007Fmt 8008Sfmt 8092Y:\SGML\197110F.XXXpfrm12PsN: 197110F

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THIS TITLETitle 29—LABOR is composed of nine volumes. The parts in these volumes arearranged in the following order: parts 0–99, parts 100–499, parts 500–899, parts 900–1899, parts 1900–1910.999, part 1910.1000–end, parts 1911–1925, part 1926, and part 1927to end. The contents of these volumes represent all current regulations codifiedunder this title as of July 1, 2002.The OMB control numbers for title 29 CFR part 1910 appear in § 1910.8. Forthe convenience of the user, § 1910.8 appears in the Finding Aids section of thevolume containing § 1910.1000 to the end.Redesignation tables appear in the Finding Aids section of the eighth volume.Subject indexes appear following the occupational safety and health standards(part 1910), and following the safety and health regulations for: Longshoring (part1918), Gear Certification (part 1919), and Construction (part 1926).ixVerDate May 23 200211:01 Jul 18, 2002Jkt 197102PO 00000Frm 00009Fmt 8092Sfmt 8092Y:\SGML\197110F.XXXpfrm12PsN: 197110F

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Title 29—Labor(This book contains part 1926)PartSUBTITLE B—REGULATIONS RELATING TO LABOR (CONTINUED)CHAPTER XVII—OccupationalSafety and Health Administration, Department of Labor (Continued) .1926CROSS REFERENCES: Other regulations issued by the Department of Labor appear in 20 CFRchapters I, IV, V, VI and VII; 41 CFR chapters 50, 60, and 61; and 48 CFR chapter 29. For‘‘Standards for a Merit System of Personnel Administration’’: See 5 CFR part 900, subpartF.1VerDate Aug 2, 200210:39 Aug 02, 2002Jkt 197110PO 00000Frm 00001Fmt 8008Sfmt 8008Y:\SGML\197110T.XXXpfrm12PsN: 197110T

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Subtitle B—RegulationsRelating to Labor3VerDate Jul 25 200211:38 Jul 27, 2002Jkt 197110PO 00000Frm 00003Fmt 8008Sfmt 8008Y:\SGML\197110T.XXX197110T

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CHAPTER XVII—OCCUPATIONAL SAFETY ANDHEALTH ADMINISTRATION, DEPARTMENT OFLABORPart1926PageSafety and health regulations for construction .Subject index to Part 1926—Safety and health regulations for construction .76065VerDate Aug 2, 200209:10 Aug 07, 2002Jkt 197110PO 00000Frm 00005Fmt 8008Sfmt 8008Y:\SGML\197110T.XXXpfrm12PsN: 197110T

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1926.61 Retention of DOT markings, placards and labels.1926.62 Lead.1926.64 Process safety management of highly hazardous chemicals.1926.65 Hazardous waste operations andemergency response.1926.66 Criteria for design and constructionof spray booths.PART 1926—SAFETY AND HEALTHREGULATIONS FOR CONSTRUCTIONSubpart A—GeneralSec.1926.1 Purpose and scope.1926.2 Variances from safety and healthstandards.1926.3 Inspections—right of entry.1926.4 Rules of practice for administrativeadjudications for enforcement of safetyand health standards.1926.5 OMB control numbers under the Paperwork Reduction Act.Subpart E—Personal Protective and LifeSaving Equipment1926.95 Criteria for personal protectiveequipment.1926.96 Occupational foot protection.1926.97–1926.98 [Reserved]1926.100 Head protection.1926.101 Hearing protection.1926.102 Eye and face protection.1926.103 Respiratory protection.1926.104 Safety belts, lifelines,

1899, parts 1900–1910.999, part 1910.1000–end, parts 1911–1925, part 1926, and part 1927 to end. The contents of these volumes represent all current regulations codified under this title as of July 1, 2002. The OMB control numbers for title 29 CFR part 1910 appear in §1910.8. For the convenience of the user, §1910.8 appears in the Finding Aids section of the volume containing §1910 .