2. Structure. 29 CFR § 2570.31 - Definitions. Note that our enforcement guidance may be affected by changes to OSHA rules. Parts. (Refer to paragraph 26-30 of the NSC Data Sheet. There are two primary hazards associated with flammable and combustible liquids: explosion and fire. In making this determination, the Department generally will take into account the amount of both the appraiser's revenues and projected revenues for the current federal income tax year (including amounts received for preparing the appraisal report) that will be derived from the party in interest or its affiliates relative to the appraiser's revenues from all sources for the prior federal income tax year. Although the presumption does not apply when the aforementioned percentage exceeds 2%, an appraiser nonetheless may be considered independent based upon other facts and circumstances provided that it receives or is projected to receive revenues that are not more than 5% within the current federal income tax year from parties in interest (and their affiliates) to the transaction based upon its prior income tax year. (c) The Administrator may initially obtain or supplement such information obtained on a voluntary basis by such means, including the holding of â¦ PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT, Subpart B. 1-627-Rev. 8477(c)(3), which applies to any transaction and party in interest within the class of transactions and parties in interest specified in the exemption when the conditions of the exemption are satisfied. This Program Policy Letter (PPL) applies to underground metal and nonmetal (MNM) mine operators, miners, miners' representatives, Mine Safety and Health Administration (MSHA) enforcement â¦ 29 CFR 1910.106 applies to the handling, storage, and use of flammable and combustible liquids with a flash point below 200oF. The following questions have been posed regarding the applicability of portions of 29 CFR 1910.106: 1. 29 CFR § 825.111 - Determining whether 50 employees are employed within 75 miles. OSHA requirements are set by statute, standards and regulations. Code of Federal Regulations (CFR) at 29 CFR Parts 1, 3 and 5. (ii) Has direct or indirect authority, responsibility, or control regarding the custody, management, or disposition of plan assets involved in the subject exemption transaction. Furthermore, the issuance of the Haz/Com standard has made available specific handling data now disseminated to all users. No qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance. (f) A party in interest means a person described in section 3(14) of ERISA or 5 U.S.C. Section 2-4.1.1 of NFPA 30-1987 specifies the facility requirements for the handling and storage of flammables at inside locations. However, various sources suggest appropriate solutions. In making this determination, the Department generally will take into account the amount of both the fiduciary's revenues and projected revenues for the current federal income tax year (including amounts received for preparing fiduciary reports) that will be derived from the party in interest or its affiliates relative to the fiduciary's revenues from all sources for the prior federal income tax year. NSC, paragraph 57; also NFPA 30-l987, section 2-2.5.7.). Applicable portions of 1910.106(d) must be evaluated relative to the portable tanks observed. It is recommended that these requirements are applicable to the storage and handling of polyester resin in portable tanks. As established by Section 314 of the Federal Land Policy and Management Act (FLPMA), as amended, claims and sites must be recorded with the proper BLM state office within 90 days of the date of location and recorded â¦ 29 CFR Part 1915 Shipyard Employment standards include the building, repairing, and breaking (scrapping, disposal, recycling) of vessels, or a section of a vessel, without regard to geographical location. (Ref. (b) A class exemption is an administrative exemption, granted under section 408(a) of ERISA, section 4975(c)(2) of the Code, and/or 5 U.S.C. 55; 29 â¦ The circumstances of your on-going inspection, as described by your memorandum of March 23, 1988, have been evaluated. Earlier opening of the vent at 3 psig is acceptable. The mine operatorâs operating permits should be available at the mine site and at the local EPA office. ; the regulations of the Council on Environmental Quality, 40 CFR part 1500 et seq. (j) A qualified independent fiduciary is any individual or entity with appropriate training, experience, and facilities to act on behalf of the plan regarding the exemption transaction in accordance with the fiduciary duties and responsibilities prescribed by ERISA, that is independent of and unrelated to any party in interest engaging in the exemption transaction and its affiliates; in general, the determination as to the independence of a fiduciary is made by the Department on the basis of all relevant facts and circumstances. VCH Data Sheet No. (2) Filing by non-electronic means. A review of this final rule in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. GEORGE J. TOMCHICK, JR. District Supervisor, Occupational Safety & Health Administration, Occupational Safety and Health Administration, Severe Storm and Flood Recovery Assistance, Application of 29 CFR 1910.106 and/or NFPA, 30-1987 to Flammable Liquid Storage and Dispensing, LEO CAREY, DIRECTOR Office of Field Programs. For purposes of these procedures, the following definitions apply: (1) Any person directly or indirectly through one or more intermediaries, controlling, controlled by, or under common control with the person. 1. The employer will certify that concentrations are in fact, at least 25 percent below the lower explosive limit (LEL). Should you have any questions, please contact Walt Siegfried of my staff. Also, from time to time we update our guidance in response to new information. Section 2-6 of NFPA 30-1987, Source of ignition and 1910.106 (e)(5) through (9) are applicable. Occupational Safety and Health Administration Regulations (Standards - 29 CFR) - Table of Contents This section applies to General Industry (part 1910), Shipyards (part 1915), Marine Terminals (part 1917), Longshoring (part 1918), and Construction (part 1926). 9. Therefore, all areas in which the liquid is used or stored must be safe for Class 1A liquids since the vent, if activated, would release uninhibited styrene. The following reference documents are attached: 5. 29(B), Pub. NFPA 30-1987, section 2-2.5.4 recommends appropriate venting. What safety factor in regards to total venting capacity should be required for low pressure tanks containing unstable liquids (i.e., uninhibited styrene component of "polyester" resin)? 1060, as amended; 75 Stat. In this case, a fusible link relief device is definitely not advisable, since the material would polymerize and likely explode at temperatures above 150 F. (Ref. This checklist covers regulations issued by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) under the general industry standard 29 CFR 1910.253 and the construction standard 29 CFR 1926.350. The provisions pertaining to the control of fire due to potential spillage or tank rupture are of concern. The employer may use instruments, tests, surveys, or data developed on legs that are identical in size, configuration, speed, etc., to meet the intent of the requirement. 1910.134 (a) Absent facts and circumstances demonstrating a lack of independence, the Department will operate according to the presumption that such appraiser will be independent if the revenues it receives or is projected to receive, within the current federal income tax year, from parties in interest (and their affiliates) to the transaction are not more than 2% of such appraiser's annual revenues based upon its prior income tax year. (e) An individual exemption is an administrative exemption, granted under section 408(a) of ERISA, section 4975(c)(2) of the Code, and/or 5 U.S.C. (Ref. The recommendations and requirements of the current NFPA 30-1987 must be considered when evaluating any facility in which polyester resin is stored and used. Is it unsafe that the emergency venting mechanism of the tank is set to open at not less than 3 psig rather than not less than 5 psig? 29 CFR Part 1928 - Agriculture Standards To assist the employer in identifying which Agriculture Standards apply to them, questions regarding the subparts and subsequent standards are provided to help the employer identify which are applicable to them. 4321 et seq. This letter constitutes OSHA's interpretation of the requirements discussed. 4. Furthermore, it is imperative that the inhibitor be maintained at an acceptable level. (a) Generally, a worksite can refer to either a single location or a group of contiguous locations. A portable tank meeting the requirements of DOT Spec 57 is in compliance with 29 CFR 1910.106(d)(2). To report an emergency, file a complaint with OSHA or ask a safety and health question, call 1-800-321-6742 (OSHA). If yes, then you need to comply with the state specific standard, toxic and hazardous substances, that incorporates the bloodborne pathogens standard (excluding subparagraphs (e) HIV and HBV Research Laboratories and Production Facilities) into the Safety and Health Regulations for Construction (29 CFR â¦ 351, recommends that unstable liquids be inerted with nitrogen while in storage. Compilation of the Surface Mining Control and Reclamation Act of 1977, as amended (pdf). 200 to 299. & 5. Absent facts and circumstances demonstrating a lack of independence, the Department will operate according to the presumption that such fiduciary will be independent if the revenues it receives or is projected to receive, within the current federal income tax year, from parties in interest (and their affiliates) to the transaction are not more than 2% of such fiduciary's annual revenues based upon its prior income tax year. 8477(c)(3), which applies only to the specific parties in interest and transactions named or otherwise defined in the exemption. A self-closing manhole cover is recommended for use. 10. 8, below.). Due to the complexities of the issues involved and because the determination will impact on operations outside of Region III, this request regarding applicability is being sent to you for your review. 29:2: labor--volume 2: 29:2.1 subtitle b - regulations relating to labor parts 100 - 499: 29:2.1.1 chapter i - national labor relations board parts 100 - 199: 29:2.1.2 chapter ii - office of labor-management standards, department of labor parts 200 - 299: 29:2.1.3 chapter iii - national railroad adjustment board parts 300 - 399: 29â¦ When the tank's contents are depleted the tank is sent back to the supplier to be refilled. Clarification of 29 CFR 1910.109 as it applies to two kinds of explosive devices used in steel mills. OSHA Instruction STD 1-5.7 is inapplicable to the subject operations. For purposes of this paragraph, the term “control” means the power to exercise a controlling influence over the management or policies of a person other than an individual; (2) Any director of, relative of, or partner in, any such person; (3) Any corporation, partnership, trust, or unincorporated enterprise of which such person is an officer, director, or a 5 percent or more partner or owner; or, (4) Any employee or officer of the person who -, (i) Is highly compensated (as defined in section 4975(e)(2)(H) of the Code), or. NFPA 30-1987, section 4-1.3.) CFR Title 29 - Labor is one of fifty titles comprising the United States Code of Federal Regulations (CFR), containing the principal set of rules and regulations issued by federal agencies regarding labor.It is available in digital and printed form, and can be referenced online using the Electronic Code of Federal Regulations (e-CFR).. MCA Data Sheet, SD-37, paragraph 220.127.116.11 and 5.2.). Is it required that the portable tanks being used, as described in the enclosed attachment, comply with paragraphs (b)(4)(ii); (b)(4)(iii), and (b)(4)(iv)(c) of 29 CFR 1910.106; or. In order to prevent these hazards, this standard addresses the 7. MAR-Glass. L. 93-259, 88 Stat. Although the presumption does not apply when the aforementioned percentage exceeds 2%, a fiduciary nonetheless may be considered independent based upon other facts and circumstances provided that it receives or is projected to receive revenues that are not more than 5% within the current federal income tax year from parties in interest (and their affiliates) to the transaction based upon its prior income tax year. (c) Department means the U.S. Department of Labor and includes the Secretary of Labor or his or her delegate exercising authority with respect to prohibited transaction exemptions to which this subpart applies. (h) A qualified appraisal report is any appraisal report that satisfies all of the requirements set forth in this subpart at § 2570.34(c)(4). 9. Structures which form a campus or industrial park, or separate facilities in proximity with one another, may be considered a single site of employment. (i) A qualified independent appraiser is any individual or entity with appropriate training, experience, and facilities to provide a qualified appraisal report on behalf of the plan regarding the particular asset or property appraised in the report, that is independent of and unrelated to any party in interest engaging in the exemption transaction and its affiliates; in general, the determination as to the independence of the appraiser is made by the Department on the basis of all relevant facts and circumstances. The Federal Mine Safety and Health Act of 1977, Pub. The emergency vent noted by your enclosure (Betts Industries, Inc., 16x10 PAF Manhole) is in compliance 1 since it opens fully at 5 psig to vent 180,000 Cu. Marson Corp., Data Sheet No. Standard Number: 1910.109. #MC3O6. CFR ; Table of Popular Names prev | next § 2570.31 Definitions. When the Administrator determines that a contractor has interfered with an employee's accrual or use of paid sick leave in violation of § 13.6(a), the Administrator will notify the contractor and the relevant contracting agency of the interference and request that the contractor remedy the violation. The specific requirements of the standard at 29 CFR 1910.106 need to be tempered by the current guidance of the NFPA 30-1987. The respirators certified under this new regulation are tested under much more demanding conditions, and they provide increased worker protection. UNITED STATES. The employer is dispensing a Class 1c liquid from a low pressure portable tank (307 gallon capacity--filled with approximately 260 gallons of liquid) that is inside a building. 8. However, these salary requirements do not apply to outside sales employees (see 29 CFR 541.500(c)), teachers (see 29 CFR 541.303(d)), or employees practicing law or medicine (see 29 CFR 541.304). EPA promulgated the Coal Mining Effluent Guidelines and Standards (40 CFR Part 434) in 1975, and amended the regulation in 1976, 1977, 1979, 1982, 1985 and 2002.The regulation covers wastewater discharges from mine drainage, coal storage facilities, and coal preparation plants. 3. chapter i - mine safety and health administration, department of labor parts 1 - 199: 30:2: mineral resources--volume 2: 30:2.0.1 chapter ii - bureau of safety and environmental enforcement, department of the interior parts 200 - 299: 30:2.0.2 chapter iv - geological survey, department of the interior parts 400 - â¦ Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications. to response No. Office of the Secretary of Labor. Response to your questions are presented in the same order as given in your memorandum, and are as follows: l. 29 CFR 1910.106(h)(4)(i)(b) pertains to fixed above ground tanks. \"An Act to provide for the cooperation between the Secretary of the Interior and the States with respect to the regulation of surface coal mining operations, and the acquisition and reclamation of abandoned mines, and for other purposes.\" So begins the Surface Mining Control and Reclamation Act of 1977, the law that established the Office of Surface Mining Reclamation and Enforcement (OSMRE). (Ref. Regulations most recently checked for updates: Nov 29, 2020 All Titles Title 29 Chapter V Part 825 Subpart C - Employee and Employer Rights and Obligations Under the Act View all text of Subpart C [§ 825.300 - § 825.313] Department of Labor logoUNITED STATESDEPARTMENT OF LABOR. Field personnel are therefore advised that reference must be made to the guidance in the current consensus standards and the available safety data sheets when evaluating workplace hazards involving polyester resin. The NFPA now classifies the unstable component, uninhibited styrene, of polyester resin as a Class 1A liquid. Does paragraph (h)(4)(ii) of 29 CFR 1910.106, which indicates that the storage of flammable and combustible liquids in tanks shall be in accordance with paragraph (b) of 29 CFR 1910.106, which is referenced by paragraph (e)(3)(iv) of 29 CFR 1910.106, apply to portable tanks used in conjunction with unit physical operations? (Ref. Standard Interpretations. EPA promulgated the Mineral Mining and Processing Effluent Guidelines and Standards (40 CFR Part 436) in 1975, and amended the regulation in 1976, 1977, 1978, and 1979.The regulation covers wastewater discharges from mine drainage, mineral processing operations and stormwater runoff. Chapter. Mine Safety and Health Administration (MSHA) Occupational Safety and Health Administration (OSHA) ... Code of Federal Regulations; Title 29 - Labor. Your prompt response to this inquiry would be greatly appreciated since there is an ongoing inspection that cannot be closed until these issues are resolved. In June 1995, the National Institute for Occupational Safety and Health (NIOSH) updated and modernized the Federal regulation for certifying air-purifying particulate respirators [42 CFR Part 84]. 7. The basic compound is therefore not unstable; however, uninhibited styrene is always present in the vapor form and requires special care. Storage and Handling of Flammable and Combustible Liquids for Unit Physical Operations in Industrial Plant - 29 CFR 1910.106(e): Application of 29 CFR 1910.106 and/or NFPA 30-1987 to Flammable Liquid Storage and Dispensing Operations of Polyester Resin. 8. (For specific details and specifications please refer to the enclosed copy of correspondence dated March 7, from the Allentown District Office of Region III.) 1509. It applies to operations â¦ Davis-Bacon contract clauses required to be included in covered contracts are set forth at 29 CFR § 5.5 and regulatory definitions that apply in the administration and enforcement of DBRA labor standards are set forth at 29 CFR § 5.2. A motion and proposed order filed electronically constitute written documents for the purpose of applying the Commissionâs procedural rules (29 CFR part 2700), and such rules apply unless an exception to those rules is specifically set forth in this rule. 4. 10. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. It should be noted that a vent with a fusible link is not listed. (a) General. CFR Title 29 Section 1926.50 Medical services and first aid of the Electronic Code of Federal Regulations. Maintaining the functional integrity of the pressure relief device is paramount to the safety of storage and handling of polyester resin. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov. The functional condition of the vent is of far greater concern. It also involves work activities aboard floating vessels as well as vessel-related work activities on the land, docks, piers, and other â¦ 8477(a)(4) and includes a disqualified person, as defined in section 4975(e)(2) of the Code. 6. ), (b) Should an acceptable sprinkler system be available then an additional factor of safety can be derived if a tank temperature warning device is installed. Therefore, 1910.106(b) (4) through (7) are partly applicable to portable tanks less than 660 gals in size. If further information is needed please contact John McFee of my staff at FTS 596-1201. was designed in accordance with DOT Spec. OSHA requirements are set by statute, standards and regulations. (a) Interference. However, applicable provisions of 1910.106(b) also pertain to portable tanks used in unit physical operations. Does 29 CFR Part 1915 - Shipyard Employment Standards Apply? (Ref. Ionizing Radiation Standard (29 CFR 1910.1096) This standard applies to facilities that have an X-ray machine and requires: l A survey (evaluation) of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a â¦ 29 CFR 1910.272(q)(8)(ii). (6) Any other information pertinent to the determination of prevailing wage rates. 6. The employer is engaged in a procedure that appears to be a unit physical operation. II. L. 91-173 as amended by Pub. Ft. Free Air per Hr. Regulations Relating to Labor, Chapter XXV. Your prompt response to these issues would be appreciated in order to expedite the correction of these conditions. (ii) Status of documents. Recording a Mining Claim or Site. EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR, Subchapter G. ADMINISTRATION AND ENFORCEMENT UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, Part 2570. That May Apply at Mine Sites 19-18 October 2006 . As you are aware, increased workplace usage of compounds such as polyester resin have occurred since the earlier adoption of NFPA 30-1969 by OSHA. 29 CFR 1910.106 is silent regarding this question. This question is posed because the language of paragraph (h)(4)(i)(d) of 29 CFR 1910.106 speaks only of containers but paragraph (d)(2) of 29 CFR 1910.106 speaks of both containers and portable tanks. § 825.111 Determining whether 50 employees are employed within 75 miles. 29 CFR 1910.106(h)(4)(i)(d) applies to both portable containers and portable tanks. 2. 0 to 99. (a) The National Safety Council Data Sheet No. SUBJECT: Escapeways and Refuges (30 CFR 57.11050) Scope. For purposes of these procedures, the following definitions apply: (a) An affiliate of a person means - â¦ (g) Pooled fund means an account or fund for the collective investment of the assets of two or more unrelated plans, including (but not limited to) a pooled separate account maintained by an insurance company and a common or collective trust fund maintained by a bank or similar financial institution. Apprenticeship Final Rule: Title 29, CFR Part 29 Questions and Answers Q1: The new section on program performance standards [§ 29.6(a)] requires that every registered apprenticeship program must have at least one registered apprentice. agencies pursuant to 29 CFR 5.5(a)(1)(ii). DEPARTMENT OF LABOR. These new respirators also provide significant cost savings: Estimates indicate that the health â¦ ), It is recommended that the care of the relief device conform to the recommendations of MCA (presently CMA) Data Sheet SD-37, paragraph 6.6. 65; Sec. 2. Application of 29 CFR 1910.106 and/or NFPA 30-1987 to Flammable Liquid Storage and Dispensing Operations of Polyester Resin Alert: Due to routine maintenance on the OSHA website, some pages may be temporarily unavailable. It provides the requirements for rope descent systems including anchorages and use and requires that scaffolds used in general industry meet the requirements in 29 CFR part 1926, subpart L (Scaffolds). Does paragraph (h)(4)(i)(d) of 29 CFR 1910.106, which references paragraph (d) of 29 CFR 1910.106, apply to both containers and portable tanks or to only containers? See 29 CFR 2700.6. paragraph 1910.106(h) (4) via 1910.106(e)(3)(vi).). 5. are such portable tanks only required to comply with the requirements of paragraph (d) of 29 CFR 1910.106? Part 779 - The Fair Labor Standards Act As Applied To Retailers Of Goods Or Services PART 779 - THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES Authority: Secs.
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