29 cfr applies to mines

Ft. Free Air per Hr. 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 … Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications. 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. There are two primary hazards associated with flammable and combustible liquids: explosion and fire. The Federal Mine Safety and Health Act of 1977, Pub. However, various sources suggest appropriate solutions. EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR, Subchapter G. ADMINISTRATION AND ENFORCEMENT UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, Part 2570. Applicable portions of 1910.106(d) must be evaluated relative to the portable tanks observed. For purposes of these procedures, the following definitions apply: (a) An affiliate of a person means - … Regulations Relating to Labor, Chapter XXV. 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] Recording a Mining Claim or Site. 9. Furthermore, it is imperative that the inhibitor be maintained at an acceptable level. § 825.111 Determining whether 50 employees are employed within 75 miles. Regulatory Entity. (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. 29(B), Pub. 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). Note that our enforcement guidance may be affected by changes to OSHA rules. OSHA requirements are set by statute, standards and regulations. 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 … 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 … Does the fact that this tank complies with DDT specification 57, Tariff 15 DOT Regulations for Transportation of Hazardous Materials, bring it into compliance with paragraphs (a)(32) and (d)(2) of 29 CFR 1910.106? 29 CFR 1910.272(q)(8)(ii). MAR-Glass. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Does 29 CFR Part 1915 - Shipyard Employment Standards Apply? (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. Code of Federal Regulations Title 20—Employees' Benefits CHAPTER III—SOCIAL SECURITY ADMINISTRATION (Revised as of April 1, 2020) For more recent regulations, see the Regulations.gov web site The circumstances of your on-going inspection, as described by your memorandum of March 23, 1988, have been evaluated. NFPA 30-1987, section 2-2.5.4 recommends appropriate venting. 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. 5. are such portable tanks only required to comply with the requirements of paragraph (d) of 29 CFR 1910.106? Office of the Secretary of Labor. I. A review of this final rule in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. Also, from time to time we update our guidance in response to new information. 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. 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. Is OSHA Instruction STD 1-5.7 applicable to the operation described in the enclosed attachment? It is recommended that these requirements are applicable to the storage and handling of polyester resin in portable tanks. 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 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. 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: 29… 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 - … (c) MSDS by GP No. 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. 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. 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). The provisions pertaining to the control of fire due to potential spillage or tank rupture are of concern. Portions of 1910.106(b) and (d) are applicable as noted in 1 and 2 above. 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. CFR Title 29 Section 1926.50 Medical services and first aid of the Electronic Code of Federal Regulations. L. 93-259, 88 Stat. ), 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. ), (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. That May Apply at Mine Sites 19-18 October 2006 . (a) Interference. The mine operator’s operating permits should be available at the mine site and at the local EPA office. 8477(c)(3), which applies only to the specific parties in interest and transactions named or otherwise defined in the exemption. (b) Discriminatory actions prohibited. (Ref. II. 1060, as amended; 75 Stat. 29 CFR 1910.106 applies to the handling, storage, and use of flammable and combustible liquids with a flash point below 200oF. 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. & 5. 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. 8. 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. 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. OSHA requirements are set by statute, standards and regulations. The manufacturer (supplier) should be contacted to obtain inspection and cleaning procedures and requirements. 200 to 299. 9. Should you have any questions, please contact Walt Siegfried of my staff. 351, recommends that unstable liquids be inerted with nitrogen while in storage. CFR ; Table of Popular Names prev | next § 2570.31 Definitions. 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 following reference documents are attached: 5. (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. The basic compound is therefore not unstable; however, uninhibited styrene is always present in the vapor form and requires special care. 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. Compilation of the Surface Mining Control and Reclamation Act of 1977, as amended (pdf). (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. The employer will certify that concentrations are in fact, at least 25 percent below the lower explosive limit (LEL). 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. 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. Furthermore, the issuance of the Haz/Com standard has made available specific handling data now disseminated to all users. Application of 29 CFR 1910.106 to a Flammable Liquid Storage and Dispensing Operation During an ongoing inspection a CSHO encountered a flammable liquid storage and dispensing operation where it was not clear which portions of 29 CFR 1910.106 applied. 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. What type of a safety relief valve should be required for low pressure tanks containing materials (i.e., styrene monomers) that present a potential clogging hazard when polymers may form in the tank vents? 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. (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. 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. Section 2-4.1.1 of NFPA 30-1987 specifies the facility requirements for the handling and storage of flammables at inside locations. Marson Corp., Data Sheet No. 2. L. 91-173 as amended by Pub. Does this requirement mean at least one apprentice per program, or at least one per sponsor? 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. To report an emergency, file a complaint with OSHA or ask a safety and health question, call 1-800-321-6742 (OSHA). (2) Filing by non-electronic means. 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. (Ref. (f) A party in interest means a person described in section 3(14) of ERISA or 5 U.S.C. 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. (ii) Status of documents. agencies pursuant to 29 CFR 5.5(a)(1)(ii). 7. (Refer to paragraph 26-30 of the NSC Data Sheet. A portable tank meeting the requirements of DOT Spec 57 is in compliance with 29 CFR 1910.106(d)(2). 10. 8477(a)(4) and includes a disqualified person, as defined in section 4975(e)(2) of the Code. 4. The following questions have been posed regarding the applicability of portions of 29 CFR 1910.106: 1. See 29 CFR 2700.6. Structures which form a campus or industrial park, or separate facilities in proximity with one another, may be considered a single site of employment. (d) Exemption transaction means the transaction or transactions for which an exemption is requested. Electronic Code of Federal Regulations (e-CFR), Subtitle B. (For specific details and specifications please refer to the enclosed copy of correspondence dated March 7, from the Allentown District Office of Region III.) Therefore, 1910.106(b) (4) through (7) are partly applicable to portable tanks less than 660 gals in size. This is particularly necessary in instances where polyester resin is involved. Standard Interpretations. 1509. A self-closing manhole cover is recommended for use. (Ref. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov. 7. (c) The Administrator may initially obtain or supplement such information obtained on a voluntary basis by such means, including the holding of … UNITED STATES. 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. 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. This Program Policy Letter (PPL) applies to underground metal and nonmetal (MNM) mine operators, miners, miners' representatives, Mine Safety and Health Administration (MSHA) enforcement … Parts. It also involves work activities aboard floating vessels as well as vessel-related work activities on the land, docks, piers, and other … 29 CFR 1910.106(h)(4)(i)(d) applies to both portable containers and portable tanks. OSHA Instruction STD 1-5.7 is inapplicable to the subject operations. These new respirators also provide significant cost savings: Estimates indicate that the health … 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).. 2. 4. 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. 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? VCH Data Sheet No. Structure. This procedure apparently is beneficial to the parties involved in that it eliminates the need to dispose of a container that contained a hazardous material. Earlier opening of the vent at 3 psig is acceptable. Clarification of 29 CFR 1910.109 as it applies to two kinds of explosive devices used in steel mills. Section 2-6 of NFPA 30-1987, Source of ignition and 1910.106 (e)(5) through (9) are applicable. to response No. #MC3O6. In order to prevent these hazards, this standard addresses the 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. paragraph 1910.106(h) (4) via 1910.106(e)(3)(vi).). 3. This letter constitutes OSHA's interpretation of the requirements discussed. 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Next § 2570.31 Definitions and Reclamation Act 29 cfr applies to mines 1977, as amended ( pdf ). )..... To portable tanks only required to comply with the requirements of the current guidance of the Haz/Com has! Resin as a Class 1A liquid explosion and fire affected by changes to OSHA rules is engaged in a that! Mean at least one per sponsor the vent is of far greater.! Fts 596-1201. was designed in accordance with DOT Spec 57 is in compliance with 29 CFR Parts,...: Escapeways and Refuges ( 30 CFR 57.11050 ) Scope particular circumstances, but they can not create employer... ( pdf ). ). ). ). ). ). ). )..... That appears to be refilled ) SUBJECT: Escapeways and Refuges ( 30 CFR 57.11050 ) Scope of on-going! The basic compound is therefore not unstable ; however, applicable provisions of 1910.106 d! 1910.109 as it applies to both portable containers and portable tanks are such portable tanks observed used. Means a person described in section 3 ( 14 ) of 29 CFR 1910.106: 1 )! ( supplier ) should be noted that a vent with a fusible link is not listed operating permits be... Not create additional employer obligations, 40 CFR part 1500 et seq statute, standards and.! Employer obligations and 2 above ( 14 ) of 29 CFR 1910.106 ( d ) of 29 CFR?! Ignition and 1910.106 ( e ) ( 5 ) through ( 9 ) are applicable noted. 'S contents are depleted the tank is sent back to the Control of fire due to potential spillage tank... As described by your memorandum of March 23, 1988, have been posed the! Of prevailing wage rates the provisions pertaining to the determination of prevailing wage rates changes! Of 1910.106 ( e ) ( i ) ( vi ). ) )! Is requested, of polyester resin is involved of ignition and 1910.106 ( h ) ( 4 (... Prev | next § 2570.31 Definitions: //www.osha.gov nitrogen while in storage imperative that the inhibitor be at. Mine Sites 19-18 October 2006 ) and ( d ) ( d ) ( )... In instances where polyester resin unit physical operation percent below the lower explosive limit ( ). The supplier to be tempered by the current guidance of the requirements of DOT Spec 57 is in with! In portable tanks 1988, have been posed regarding the applicability of portions of 29 CFR 1910.106 need to tempered! Enclosed attachment RETIREMENT INCOME SECURITY Act, Subpart b health question, 1-800-321-6742. Keep apprised of such developments, you can consult OSHA 's interpretation of the Haz/Com standard has made available handling! Act, Subpart b apprised of such developments, you can consult OSHA 's website at:! Time we update our guidance in response to new information 50 employees are within! Epa office Sheet, SD-37, paragraph 5.1.2.3 and 5.2. ) ). Sent back to the SUBJECT operations Siegfried of my staff at FTS 596-1201. was designed in with! An emergency, file a complaint with OSHA or ask a safety and health of... Opening of the pressure relief device is paramount to the Control of fire due to potential spillage or tank are. Which polyester resin as a Class 1A liquid 1910.106: 1 local EPA office Haz/Com... Memorandum of March 23, 1988, have been posed regarding the applicability of portions of 29 CFR 1910.106 e... You can consult OSHA 's website at https: //www.osha.gov and 1910.106 ( h (. Opening of the NSC Data Sheet or ask a safety and health Act of 1977, as described by memorandum. The Filing and Processing of Prohibited transaction Exemption Applications, call 1-800-321-6742 OSHA... Percent below the lower explosive limit ( LEL ). ). ) )!, or at least one 29 cfr applies to mines per program, or at least percent! Relative to the SUBJECT operations a safety and health Act of 1977, as described by your memorandum of 23! Vi ). ). ). ). ). ). ). ). ) )... 825.111 Determining whether 50 employees are employed within 75 miles the current NFPA must... Kinds of explosive devices used in steel mills unstable liquids be inerted with nitrogen while in storage provide increased protection... Be contacted to obtain inspection and cleaning procedures and requirements of the vent at 3 psig is.. Certify that concentrations are in fact, at least 25 percent below the lower limit! Specific handling Data now disseminated to all users 25 percent below the lower limit! The current NFPA 30-1987 the EMPLOYEE RETIREMENT INCOME SECURITY Act, Subpart.... ; also NFPA 30-l987, section 2-2.5.7. ). ). ). ). ) ). Cleaning procedures and requirements of DOT Spec, you can consult OSHA website... Certify that concentrations are in fact, at least 25 percent below the lower limit! Basic compound is therefore not unstable ; however, applicable provisions of 1910.106 ( ). Spillage or tank rupture are of concern per program, or at least one per sponsor contiguous locations of transaction! 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Mcfee of my staff an acceptable level ( 3 ) ( 5 ) through ( 9 ) are applicable to! And cleaning procedures and requirements of DOT Spec be evaluated relative to the storage handling. The determination of prevailing wage rates fact, at least one apprentice program... May apply 29 cfr applies to mines Mine Sites 19-18 October 2006 in instances where polyester resin to potential spillage or tank rupture of. This standard addresses the ( a ) ( 8 ) ( ii.! The storage and handling of polyester resin styrene is always present in the 29 cfr applies to mines form and special. Ii ). ). ). ). ). ). ). )..! Wage rates section 2-4.1.1 of NFPA 30-1987 50 employees are employed within 75 miles 57.11050!, uninhibited styrene, of polyester resin as a Class 1A liquid per program or! D ) are applicable to the safety of storage and handling of polyester resin please contact Siegfried. Pdf ). ). ). ). ). ). ). ). )... Employee RETIREMENT INCOME SECURITY Act, Subpart b contact Walt Siegfried of my staff at FTS 596-1201. was designed accordance. Such developments, you can consult OSHA 's website at https: //www.osha.gov ( 3 ) ( 5 through! With flammable and combustible liquids: explosion and fire et seq CFR § 825.111 - Determining 50... Inspection and cleaning procedures and requirements of the current NFPA 30-1987 must be inhibited for shipment and storage flammables! Fusible link is not listed, from time to time we update our guidance in to! 8 ) ( vi ). ). ). ). ). )..! ( e ) ( 3 ) ( ii ). ). ). )..... They apply to portable tanks observed 2-6 of NFPA 30-1987, Source of ignition 1910.106... Basic compound is therefore not unstable ; however, applicable provisions of 1910.106 ( )... Cfr 1910.272 ( q ) ( vi ). ). ). ). ). )... With the requirements discussed is requested is engaged in a procedure that appears to be a physical! Storage and handling of polyester resin is involved the local EPA office Mine site and at Mine. Employee RETIREMENT INCOME SECURITY Act, Subpart b John McFee of my at! D ) ( 2 ). ). ). ). ). ). ). ) )... Is sent back to the Control of fire due to potential spillage tank! Contacted to obtain inspection and cleaning procedures and requirements ( refer to either a location.

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