[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Proposed Rules]
[Pages 16918-16936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9044]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. S-022]
RIN 1218-AB55
Dipping And Coating Operations (Dip Tanks)
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule.
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SUMMARY: OSHA's rules for dipping and coating operations are designed
to protect employees from the fire, explosion, and other hazards
associated with these operations. OSHA is proposing to revise these
rules, which are codified at Secs. 1910.108 and 1910.94(d) of part
1910. This revision will achieve three purposes: it will rewrite these
rules in plain language, consolidate them in several new sequential
sections in subpart H of part 1910, and update them to increase the
compliance options available to employers. OSHA believes that the
proposed revisions will enhance employee protection by making the
sections more understandable to employers and employees and providing
additional compliance flexibility to employers. These revisions will
not increase the burden imposed on employers by the rules. When the
rulemaking is completed, OSHA will codify the revisions as
Sec. 1910.121 through 1910.125.
OSHA is presenting two alternative versions of the proposed plain
language sections. The first version is organized in the traditional
OSHA regulatory format, while the second version uses a question-and-
answer format. OSHA invites comments on the substance of the proposed
changes and on the alternative formats.
DATES: Written comments and requests for a hearing on this proposal
must be postmarked by June 8, 1998.
ADDRESSES: Comments and requests for hearings must be submitted in
quadruplicate or one (1) original (hardcopy) and one (1) diskette (5\1/
4\- or 3\1/2\-inch) in WordPerfect 5.0, 5.1, 6.0, or 6.1, or ASCII to:
Docket Office, Docket No. S-022, Room N-2625, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 219-7894. Any
information not contained on the diskettes (e.g., studies, articles)
must be submitted in quadruplicate with the original. Written comments
of 10 pages or less may be transmitted by facsimile (fax) to the Docket
Office at (202) 219-5046, provided an original and three (3) copies are
sent to the Docket Office before the end of the 60-day comment period.
For an electronic copy of this Federal Register notice, contact the
Labor News Bulletin Board at (202) 219-4748, or access OSHA's web page
on the Internet at http://www.OSHA.gov. For news releases, fact sheets,
and other short documents, contact the OSHA fax number at (900) 555-
3400; the cost is $1.50 per minute.
FOR FURTHER INFORMATION CONTACT: Technical inquiries should be directed
to Mr. Terence Smith, Office of Fire Protection Engineering and System
Safety Standards, Room N-3609, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW,
Washington, DC 20210; telephone: (202) 219-7216; fax: (202) 219-7477.
Requests for interviews and other press inquiries should be
directed to Ms. Bonnie Friedman, Office of Information and Consumer
Affairs, Room N-3647, Occupational Safety and Health Administration,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone: (202) 219-8148.
SUPPLEMENTARY INFORMATION:
I. Background
In 1971, OSHA used section 6(a) of the Occupational Safety and
Health Act of 1970 (``the Act'') (29 U.S.C. 655(a)) to adopt hundreds
of national consensus standards and established Federal standards as
occupational safety and health standards. Over the ensuing 27 years,
OSHA became aware that some of these standards are wordy, difficult to
understand, repetitive, and internally inconsistent. OSHA has also
received a number of complaints that these standards were rigid and
difficult to follow.
In May 1995, President Clinton asked all Federal regulatory
agencies to review their regulations to determine if the regulations
were inconsistent, duplicative, outdated, or in need of being rewritten
in plain language. In response, OSHA conducted a line-by-line review of
its standards, and committed the Agency to eliminating those standards
found to be unnecessary, duplicative, and/or inconsistent and to
rewriting those standards found to be complex and outdated.
In revising its rules on dipping and coating operations, OSHA's
primary goal is to make them more understandable to the regulated
community. The proposed revisions involve reorganizing the text,
removing internally inconsistent provisions, eliminating duplicative
requirements, and simplifying the overly technical language and
requirements of the existing dip tank requirements, which are codified
at Secs. 1910.108 and 1910.94(d). OSHA also is proposing to update the
current standards by revising several provisions of these standards to
conform to National Fire Protection Association (NFPA) standard 34-
1995; the updated requirements would replace existing provisions that
were drawn from the 1966 version of the NFPA standard. For each of
these proposed revisions, OSHA explains why it believes the updated
requirements would provide equivalent protection to employees with no
additional regulatory burden to employers.
In making these revisions, OSHA has rewritten the requirements in
simple, straightforward, easy-to-understand terms. The proposed
sections are performance-oriented and shorter than the existing
standards. The number of subparagraphs and cross-references to other
OSHA standards or to national consensus standards has been reduced.
Both of the plain language versions of the proposed sections include a
detailed table of contents that is intended to make the subsequent
sections easier to use.
Both of the proposed plain language revisions would leave unchanged
the regulatory obligations placed on employers and the safety and
health protections provided to employees. OSHA believes, moreover, that
the performance-oriented language of the proposed sections would
facilitate compliance because it would make more compliance options
available to employers than is the case with the current standards.
The proposed rules would not require employers to make
technological changes and, therefore, would not impose increased costs
on employers. In fact, the proposed sections may decrease
[[Page 16919]]
employer costs because they would permit greater compliance
flexibility. Accordingly, OSHA has made a preliminary determination
that no economic or regulatory flexibility analysis of the proposed
sections is necessary, and certifies that the proposed sections would
not have a significant impact on a substantial number of small
entities.
II. The Need to Redraft OSHA's Regulations in Plain Language
Almost immediately after OSHA adopted the national consensus
standards and established Federal standards under section 6(a) of the
Act, many of these standards were criticized for being difficult for
employers and employees to understand. The Clinton Administration's
initiative to reinvent government, spearheaded by Vice President Gore,
has focused renewed attention on the difficulty many employers and
employees have in understanding Federal regulatory requirements,
including OSHA's rules. Responding to this initiative, the Department
of Labor has developed a complete regulatory reform strategy to use
plain language to make rules ``user friendly.'' The present proposal,
which offers two plain language versions of the regulatory text, is one
of several standards that have been identified by OSHA as part of its
regulatory reform strategy.
III. Revising the Dipping and Coating Standards
Introduction--OSHA's Goals in Revising the Standards
OSHA hopes to achieve the following three goals in this proposal:
To rewrite these rules in plain language so that they will
be easily understood by employers and employees;
To consolidate the rules applying to dipping and coating
operations into several new sequential sections in subpart H of part
1910; and
To update the rules to increase their compliance
flexibility and performance orientation.
OSHA believes that the proposal would achieve these goals without
decreasing the employee protections provided by the existing rules or
increasing the burden imposed on employers whose work operations
involve dipping and coating. In the following paragraphs, OSHA
describes how each of these goals would be served by proposed
Secs. 1910.121 through 1910.125 of part 1910.
Plain Language Revision
This proposal is primarily a plain language revision of OSHA's
standards for dipping and coating operations. In developing the
proposal, the Agency has been careful to ensure that the revisions
would not weaken the protections afforded to employees under current
Secs. 1910.108 and 1910.94(d) were not weakened in the revision
process. Employers who are in compliance with current Secs. 1910.108
and 1910.94(d) would continue to be in compliance with the new sections
after they become effective.
The proposed revisions would delete various details and
specifications from the existing rules that OSHA believes do not
contribute to employee protection. For example, paragraph (c)(1) of
current Sec. 1910.108 requires that dip tanks be constructed of
substantial materials, and that their supports consist of heavy metal,
reinforced concrete, or masonry. The proposed rule, at paragraph (a)(1)
of Sec. 1910.123, would replace that provision with a simple
requirement that dip tanks be able to withstand any expected load.
OSHA has organized proposed Secs. 1910.121 through 1910.125 in a
logical and understandable manner using the following principles:
General provisions should appear before specific
provisions or exceptions;
Important provisions should appear before less important
provisions;
Frequently used provisions should appear before less
frequently used provisions;
Substantive requirements should appear before procedural
requirements;
Permanent provisions should appear before temporary,
transitional, or ``grandfather'' provisions; and
``Housekeeping'' provisions and appendices should be
placed at the end of the requirements.
The proposed revision consists of five separate sections,
Secs. 1910.121 through 1910.125. The first section, proposed
Sec. 1910.121, contains a table of contents for the substantive
requirements contained in the other four sections. The other four
sections are described as follows:
Proposed Sec. 1910.122, entitled ``Dipping and coating
operations (dip tanks); Coverage,'' describes what is covered and not
covered by the proposed sections, and defines the significant terms
used in the revision.
Proposed Sec. 1910.123, entitled ``General requirements
for dipping and coating operations,'' specifies, in a logical order,
the requirements that would apply to all dipping and coating
operations. This section begins with construction and ventilation
requirements, followed by provisions for entry in dip tanks, training,
personal protective equipment, hygiene facilities, and physical
examination and first aid; it concludes with cleaning, maintenance, and
inspection provisions.
Proposed Sec. 1910.124, entitled ``Additional requirements
for dipping and coating operations that use flammable or combustible
liquids,'' contains provisions for preventing fires or explosions when
using flammable or combustible liquids, including additional
requirements for construction (including overflow piping), shutting
down operations under specific hazardous conditions, controlling
ignition sources, providing fire protection, and preventing liquids
from overheating.
Proposed Sec. 1910.125, entitled ``Additional requirements
for special dipping and coating applications,'' specifies additional
requirements for operations that involve: Hardening or tempering tanks;
flow coating; roll coating, roll spreading, or roll impregnating with
flammable or combustible liquids; vapor degreasing tanks; cyanide
tanks; spray cleaning and degreasing tanks; and electrostatic paint
detearing.
The proposed reorganization will eliminate the need for employers
and employees to look to two separate subparts of part 1910 for dipping
and coating requirements. In addition, consolidating and reorganizing
the current standards have substantially reduced their combined length.
Further reduction was achieved by eliminating a number of requirements
from the current standards that are adequately regulated by other OSHA
standards. For example, paragraphs (g)(2) to (g)(5) of current
Sec. 1910.108 regulate fire-extinguishing systems that use,
respectively, water-spray, foam, carbon dioxide, or dry chemicals as
the extinguishing agents. These provisions have been replaced by a
single sentence in paragraph (e)(2) of proposed Sec. 1910.124; the
proposed requirement specifies that a vapor area be protected by an
automatic fire-extinguishing system that complies with the requirements
of subpart L of part 1910.
The Agency believes that the proposal will increase the ``user
friendliness'' of the requirements and make them easier to interpret.
OSHA has also reduced the number of paragraph and subparagraph levels
in each section to make the proposed requirements easier than the
existing requirements to locate and follow. In addition, OSHA has
placed general requirements in proposed Sec. 1910.123; the general
requirements are
[[Page 16920]]
followed by more specific requirements, which are located in proposed
Secs. 1910.124 and 1910.125. Further, each major provision of the
proposal is preceded by a heading that explains what information can be
found in that provision. These headings are also found in the table of
contents in proposed Sec. 1910.121 to help readers locate relevant
regulatory provisions.
The chart below gives some examples comparing the text used in
several provisions of current Sec. 1910.108 with the corresponding
plain language provisions in the proposed sections (traditional format
version).
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Proposed plain language
Current section 1910.108 revision (traditional format
version)
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1910.108(b)(2) Ventilation combined 1910.124(d) Ignition sources
with drying. When a required must be controlled.
ventilating system serves associated * * * *
drying operations utilizing a heating *
system which may be a source of (4) When a heating system that
ignition, means shall be provided for may be an ignition source is
pre-ventilation before the heating used in a drying operation:
system can be started; the failure of (i) The heating system must be
any ventilating fan shall installed in accordance with
automatically shut down the heating NFPA 86A-1969, Standard for
system; and the installation shall Ovens and Furnaces, which is
otherwise conform to the Standard for incorporated by reference in
Ovens and Furnaces (NFPA No. 86A-1969). section 1910.6;
(ii) Adequate mechanical
ventilation must be operating
before and during the drying
operation; and
(iii) The heating system must
shut down automatically when
any ventilating fan fails to
maintain adequate ventilation.
1910.108(c)(6) Conveyor systems. Dip 1910.124(c) Conveyor systems
tanks utilizing a conveyor system must shut down automatically.
shall be so arranged that in the event A conveyor system used with a
of fire, the conveyor system shall dip tank must shut down
automatically cease motion and automatically when:
required bottom drains shall open. (1) There is a fire;
Conveyor systems shall automatically (2) There is a failure of any
cease motion unless required fan used to maintain adequate
ventilation is in full operation. See ventilation; or
also paragraph (b)(1) of this section. (3) The rate of ventilation
drops below the level required
to meet the requirements in
paragraph (b) of section
1910.123.
1910.108(d) Liquids used in dip tanks, 1910.124(d) Ignition sources
storage and handling. The storage of must be controlled.
flammable and combustible liquids in * * * *
connection with dipping operations *
shall conform to the requirements of (3) When a portable container
sec. 1910.106, where applicable. Where is used to add a liquid to a
portable containers are used for the dip tank, the container and
replenishment of flammable and tank must be electrically
combustible liquids, provision shall bonded to each other, and
be made so that both the container and positively grounded, to
tank shall be positively grounded and prevent static electrical
electrically bonded to prevent static sparks or arcs.
electric sparks.
1910.108(e) Electrical and other 1910.124(d) Ignition sources
sources of ignition. (1) Vapor areas. must be controlled.
(i) There shall be no open flames, (1) A vapor area, and areas
spark producing devices, or heated within 20 feet (6.1 m) of the
surfaces having a temperature vapor area not separated from
sufficient to ignite vapors in any it by tight partitions, must
vapor area. Except as specifically be free of open flames, spark-
permitted in paragraph (h)(3) of this producing devices, or surfaces
section, relating to electrostatic hot enough to ignite vapors.
apparatus, electrical wiring and (2) Electrical wiring or
equipment in any vapor area (as equipment in a vapor area, and
defined in paragraph (a)(2) of this areas adjacent to it, must
section) shall be explosion proof type comply with the applicable
according to the requirements of requirements of subpart S of
subpart S of this part for Class I, this part for hazardous
Group D locations and shall otherwise (classified) locations.
conform to subpart S of this part.
1910.108(f)(2) Waste cans. When waste 1910.124(d) Ignition sources
or rags are used in connection with must be controlled.
dipping operations, approved metal * * * *
waste cans shall be provided and all *
impregnated rags or waste deposited (6) Rags or other material
therein immediately after use. The contaminated with liquids from
contents of waste cans shall be dipping and coating operations
properly disposed of at least once must be placed in an approved
daily at the end of each shift. waste can immediately after
use, and the contents of the
waste can must be properly
disposed of at the end of each
shift.
1910.108(h)(2)(iii) Paint shall be 1910.125(b) Additional
supplied by direct low-pressure requirements for flow coating.
pumping arranged to automatically shut (1) Paint must be supplied to
down by means of approved heat the process by:
actuated devices, in the case of fire, (i) A direct low-pressure
or paint may be supplied by a gravity pumping system that
tank not exceeding 10 gallons in automatically shuts down by
capacity. means of an approved heat-
actuated device in the case of
fire; or
(ii) A gravity tank not
exceeding 10 gallons (38 L) in
capacity.
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Proposed Question-and-Answer Version
The question-and-answer version of proposed Secs. 1910.121 through
1910.125 differs significantly from the traditional format version. The
question-and-answer version is intended to resemble a conversation that
could occur between an employer/employee and an OSHA representative.
Each question pertains to a specific provision of the proposed
sections, and is followed by an answer that states the applicable
requirement. For example, the question may be, ``What are the
requirements for the construction of a dip tank?'' This question, which
is the topic of paragraph (a) of proposed Sec. 1910.123, is followed by
an answer that consists of a description of the requirements for dip
tank construction.
Consistency with Recent Consensus Standards
OSHA's effort to redraft the requirements for dipping and coating
operations in plain language includes a review of the relevant OSHA
interpretations of the current rule to determine what each provision
has meant in practice. The Agency also has examined existing training
materials and national consensus standards on dipping and coating
operations, including NFPA 34-1995 (``Standard for Dipping and Coating
Processes Using Flammable or Combustible Liquids''). This analysis has
enabled OSHA to reorganize the existing rules and eliminate duplicative
or unnecessary provisions without diminishing the employee safety and
health protections provided by the existing rules.
The original OSHA standards for dipping and coating operations that
were adopted in 1971 under section 6(a) of the Act were based on the
existing national consensus standards, NFPA
[[Page 16921]]
34-1966, ``Standard for Dip Tanks Containing Flammable or Combustible
Liquids,'' and ANSI Z9.1-1969, ``Safety Code for Ventilation and
Operation of Open-Surface Tanks.'' These consensus standards have been
updated several times by NFPA and ANSI since 1971. Although the
proposed rule is primarily a plain language revision, OSHA has reviewed
carefully the most recent NFPA 34, ``Standard for Dipping and Coating
Processes Using Flammable or Combustible Liquids,'' 1995 edition, to
determine whether some updated provisions should be incorporated at
this time.
OSHA has included in this proposal several provisions from NFPA 34-
1995 that would provide additional compliance flexibility to employers
and make the proposed sections more performance oriented compared to
the existing standards, without in any way reducing employee
protection. For example, paragraph (c)(2)(i) of current Sec. 1910.108
specifies that overflow pipes from dip tanks lead to a safe location
outside buildings. Consistent with Section 3-5.1 of NFPA 34-1995,
paragraph (b)(1) of proposed Sec. 1910.124 would require that pipes
discharge to a ``safe location,'' but does not identify where the
``safe location'' must be. In the plain language rewrite, an employer
would be free to choose an interior location as the discharge point for
the overflow pipe when a safe location, as might be provided by a
salvage tank, is available. In situations where a safe interior
location is available, the employer would no longer need to install
overflow pipes over the distances often involved to reach an outside
discharge point. The proposed rule would thus provide greater
compliance flexibility and reduce costs for some employers.
Another example is paragraph (c)(7) of current Sec. 1910.108, which
requires that dip tank liquids not be heated to a temperature more than
50 deg.F below the flashpoint of the liquid. This provision is
intended to assure that the liquid does not get so hot as to ignite.
Section 3-9.2 of NFPA 34-1995 seeks to achieve the same purpose by
prohibiting dip tank liquids from being heated above the liquid's
boiling point or to within 100 deg.F of the liquid's autoignition
temperature. OSHA is proposing to adopt the NFPA 34-1995 provision in
paragraph (f) of proposed Sec. 1910.124 because the proposed revision
fully addresses the flammability hazard, provides a reasonable method
of determining a safe temperature, is consistent with industry practice
and with OSHA's application of the current standard, and is less
restrictive than the existing requirement (i.e., it allows higher
temperatures in some cases).
Rewriting specification-based standards such as OSHA's existing
rules for dipping and coating operations offers the opportunity to use
more performance-oriented language than the current standards, and to
do so in a way that allows OSHA to maintain the current level of
employee safety and health protection without increasing employer
obligations. For example, in current Sec. 1910.94, paragraph (d)(3)
contains a general requirement that ventilation systems reduce air
contaminants to the degree that a hazard to employees no longer exists,
while paragraph (d)(4) provides several columns of specifications for
ventilation system design and rates of exhaust. These requirements seek
to protect employees against fire and explosion hazards that can result
from the accumulation of flammable vapors and from dangerous levels of
toxic air contaminants. In the proposal, the general requirement has
been replaced by two sentences in paragraph (b)(1) of Sec. 1910.123,
which set forth performance-oriented requirements. The first sentence
requires ventilation adequate to prevent the vapor concentration from
exceeding 25% of the lower flammable limit (LFL) of any flammable
material. The second sentence requires the employer to ensure that
engineering controls, such as ventilation, reduce employee exposures to
toxic air contaminants below the applicable permissible exposure limits
specified in subpart Z of part 1910. The new language is being proposed
because it gives improved guidance to employers as to what constitutes
a hazard to employees in this situation.
OSHA believes the 25% LFL criterion provides improved guidance to
employers because the criterion is recognized by NFPA 34-1995 as the
level that must not to be exceeded when controlling fire and explosion
hazards in vapor areas, and is consistent with other existing OSHA
standards (e.g., Sec. 1910.146, the standard for permit-required
confined spaces). The second sentence in paragraph (b)(1) of proposed
Sec. 1910.123 would replace the requirement in paragraph (d)(2)(iii) of
current Sec. 1910.94 which states that ``[t]he toxic hazard is
determined from the concentration * * * below which ill effects are
unlikely to occur to the exposed worker'' and, in the next sentence,
that ``(t)he concentrations shall be those in Sec. 1910.1000.'' Subpart
Z of part 1910 contains permissible exposure limits for toxic air
contaminants and requires employers to reduce employee exposures to
those limits. Restating the subpart Z requirement in the proposal gives
employers better notice than the current standard of their existing
obligations, and will assure that employees receive the protection
required by existing OSHA standards.
The detailed specifications and general requirements for mechanical
ventilation in paragraphs (d)(1)(ii), (d)(2), (d)(4), and (d)(7)(i)
through (d)(7)(iv) of current Sec. 1910.94, and paragraph (b)(1) of
current Sec. 1910.108, would be replaced by paragraph (b)(3) of
proposed Sec. 1910.123. Employers would have several options in
complying with the proposed requirement. One option would be to conform
to the older consensus standards (i.e., ANSI Z9.1-1971 and NFPA 34-
1966) that served as the source documents for current Secs. 1910.94(d)
and 1910.108. This option assures that systems designed to meet the
existing requirements also would comply with the proposed requirements.
In addition, the proposal would allow employers who are installing or
upgrading ventilation systems to conform to the specifications provided
in the following reference documents: ANSI Z9.2-1979, NFPA 34-1995, or
the Industrial Ventilation Manual published by ACGIH-1995. OSHA has
evaluated these reference documents and has determined that they
provide protection equivalent to the specifications in the current OSHA
standards. Hence, paragraph (b)(3) of proposed Sec. 1910.123 would give
employers flexibility in designing ventilation systems without reducing
the level of employee protection.
Major Issues for Public Comment
The proposed revisions to the current standards that regulate
dipping and coating operations differ from other Agency rulemakings
because the proposal, with limited exceptions, revises only the writing
style and organization of the current standards. In the past, OSHA has
dispensed with public notice and comment when a proposed rule contains
only minor or non-controversial revisions. For this revision, however,
OSHA has decided to notify the public of the proposal and seek comments
regarding the Agency's plain language versions of its existing rules
for dipping and coating operations.
OSHA especially welcomes public comments on the following three
issues:
Does each plain language version of the proposed sections
provide employee protection that is at least as effective as the
protection provided by the current standards (i.e., Secs. 1910.94(d)
and
[[Page 16922]]
1910.108) without imposing additional regulatory burdens on employers?
Which of the two plain language versions (traditional
format or question-and-answer) is preferred, and the reason(s) why?
Are there outdated provisions in the proposed sections,
and how should these provisions be revised to bring them up to date?
Comments on this issue may be used by the Agency either to improve the
final rule or to develop standard-setting priorities for further
action.
Significant Proposed Changes to the Current Rules
Many of the proposed revisions to the dipping and coating standards
are intended to reconcile conflicting or differing provisions in the
existing standards, to eliminate unnecessary requirements that do not
promote employee safety, or to state requirements in performance-
oriented language. OSHA invites public comment on whether these
revisions are appropriate. These revisions are discussed further in the
following paragraphs.
1. In current Sec. 1910.94, the second sentence of paragraph
(d)(7)(iii) requires that traps or other devices be provided to insure
that condensate in exhaust ducts does not drain back into any tank.
This requirement is not included in the proposal because OSHA believes
that its purpose is to protect material in the dip tanks from
contamination, not to protect employees.
2. Paragraph (d)(8)(i) of current Sec. 1910.94 contains detailed
requirements for measuring and recording airflow before and during dip
tank operations. The proposal, in paragraph (j)(1)(i) of Sec. 1910.123,
requires the employer to inspect ventilating systems at least
quarterly, and to check and maintain air-flow rates. OSHA believes that
the proposal would provide equivalent protection using performance-
oriented language. In addition, the first sentence in paragraph
(d)(8)(i) of current Sec. 1910.94 is covered by paragraphs (b) and (c)
of proposed Sec. 1910.123. The requirement in the second sentence of
the current rule, to use specific means for measuring air flow, is
replaced by performance-oriented language in paragraph (c)(3)(iii) of
proposed Sec. 1910.123 that permits the use of other equally effective
devices. In the third sentence of the current rule, the requirement to
record specific air measurements is not in the proposal because OSHA
believes that recording the hood static pressure is not necessary to
maintain proper air-flow rates. The last sentence in this paragraph of
current Sec. 1910.94(d), which refers to a 1960 consensus standard, is
replaced by updated references in paragraph (b)(3) of proposed
Sec. 1910.123.
3. Paragraph (d)(8)(ii) of current Sec. 1910.94 permits
recirculation of exhaust air when contaminants have been removed, while
paragraph (b)(1) of current Sec. 1910.108 states that exhaust air must
be ``(moved) to a safe outside location.'' To resolve this conflict
between the existing standards, paragraph (c) of proposed Sec. 1910.123
would permit recirculation of exhaust air only under specified
conditions, which are based on recommendations in NFPA 34-1995. The
safeguards of the current standards are, therefore, provided in the
proposal in updated form without reducing employee protections or
increasing the burden on employers. In addition, the first sentence in
paragraph (d)(8)(ii) of current Sec. 1910.94 has not been included in
the proposal because the requirement that ``[t]he exhaust system shall
discharge to the outer air in such a manner that the possibility of its
effluent entering any building is at a minimum'' has been subsumed by
the specifications in paragraph (c) of proposed Sec. 1910.123. The last
sentence in paragraph (d)(8)(iii) of current Sec. 1910.108 has not been
restated in the proposal because it is covered by paragraph (c)(2) of
proposed Sec. 1910.123.
4. Several provisions in paragraph (d)(9) of current Sec. 1910.94
specify that various types of personal protective equipment must be
worn by employees who work near dip tanks to protect them from eye or
skin contact with corrosive liquids. Some of these current provisions
require that personal protective equipment be ``provided'' to
employees; for example, paragraph (d)(9)(iii) of the current standard
requires that employees who handle wet parts ``shall be provided with
gloves'' that are impervious to the liquid. Others of these current
provisions state explicitly that employers must require employees to
use the equipment; paragraph (d)(9)(v) of the current standard, for
example, specifies that when liquids could splash out of a dip tank,
the employees ``shall be required to wear either tight-fitting chemical
goggles or an effective face shield.''
In the proposal, paragraph (f) of Sec. 1910.123 states explicitly,
for each specified type of personal protective equipment, that
employers must both provide and require employees to use the equipment.
OSHA's interpretation, which has been upheld by the courts, is that the
current standard requires employers to ensure that employees use the
personal protective equipment; this interpretation applies even though
this requirement is not stated explicitly in several provisions of the
current standard. OSHA believes that providing such equipment without
requiring its use would not serve the current standard's protective
purpose. In addition, OSHA's general standard for personal protective
equipment, paragraph (a) of Sec. 1910.132, explicitly requires that
personal protective equipment be both ``provided'' and ``used''
whenever necessary to protect employees against chemical and other
hazards. The proposal's explicit requirement that employers ensure that
employees use the personal protective equipment that has been provided
to them does not, therefore, add to the obligation that employers
already have under Sec. 1910.132(a).
5. Paragraph (d)(9)(ix) of current Sec. 1910.94 specifies that one
wash basin with hot water be provided for every 10 employees. The
proposal, in paragraph (g)(3) of Sec. 1910.123, requires washing
facilities for all employees but does not specify the ratio of wash
basins to employees. The proposal thus takes a performance-oriented
approach to allow for differing workplace needs.
6. Current Sec. 1910.108, paragraph (a)(2), defines a vapor area as
any area containing dangerous quantities of flammable vapors in the
vicinity of dip tanks, while paragraph (b)(1) of existing Sec. 1910.108
requires that a properly designed ventilation system be used to limit
vapor areas to the smallest practical area. In a vapor area, several
provisions of existing Sec. 1910.108 require that employees be
protected against the associated fire and explosion hazards; for
example, paragraph (e)(2) prohibits open flames and spark-producing
devices, and specifies that explosion-proof electrical equipment be
used, within 20 feet of a vapor area. Similar requirements are found in
paragraphs (e)(1)(i) and (e)(1)(ii) of the current rule.
Paragraph (d)(3) of current Sec. 1910.94 is a generic, performance-
oriented provision that requires employers to provide ventilation
sufficient to eliminate any hazard to employees, including flammable
and explosive hazards. OSHA interprets this provision to mean that the
concentration of flammable vapors must be reduced below 25% of the
lower flammable limit (LFL), and has incorporated that interpretation
in paragraph (b)(1) of proposed Sec. 1910.123. The proposed requirement
will prevent the accumulation of dangerous quantities of flammable
vapors in the vicinity of a dip tank; consequently, a vapor area, as
that term is currently specified in
[[Page 16923]]
paragraph (a)(2) of current Sec. 1910.108, should never exist.
Despite the protection afforded by paragraph (b)(1) of proposed
Sec. 1910.123, a ventilation system may fail temporarily, resulting in
an accumulation of flammable vapors that exceeds the concentration
allowed by the current standard. Even when ventilation is normally
sufficient to prevent the accumulation of dangerous concentrations of
vapors, the prohibition on ignition sources within 20 feet of a vapor
area specified in paragraph (e)(2) of current Sec. 1910.108, as well as
similar provisions in paragraphs (e)(1)(i) and (e)(1)(ii), is needed to
protect against fires and explosions that could result from the
ignition of flammable liquids or vapors under these conditions.
To reconcile the requirements in the current standards, and to
assure the same level of employee protection provided by these
standards, OSHA has revised the definition of vapor area in paragraph
(d) of proposed Sec. 1910.122 by eliminating the phrase ``dangerous
concentrations of flammable vapors.'' In the proposal, a vapor area is
defined as ``any space containing dipping or coating operations, its
drain boards, and associated drying or conveying equipment.''
All requirements of existing Sec. 1910.108 that apply to vapor
areas would continue to apply to vapor areas as defined in paragraph
(d) of proposed Sec. 1910.122. These requirements include paragraphs
(e)(1)(i), (e)(1)(ii), and (e)(2) of current Sec. 1910.108, discussed
earlier, which are restated in paragraphs (d)(1) and (d)(2) of proposed
Sec. 1910.124, and paragraphs (f)(1) and (g)(2) of current
Sec. 1910.108, which are incorporated into paragraphs (d)(5) and (e)(3)
of proposed Sec. 1910.124. Paragraph (f)(1) of the current section
requires that ``areas in the vicinity of dip tanks'' be kept as clear
of combustible stock as practical and be kept entirely free of
combustible debris, while paragraph (g)(2) specifies that automatic
water spray-extinguishing systems ``be arranged to protect tanks, drain
boards, and stock over drain boards.'' In the proposal, paragraphs
(d)(5) and (e)(3) of Sec. 1910.124 state explicitly that the
requirements apply to vapor areas, thus describing the area subject to
the requirements more clearly and consistently than the current
standard.
7. In current Sec. 1910.108, paragraph (c)(1) specifies that dip
tanks holding flammable or combustible liquids ``be constructed of
substantial noncombustible material.'' OSHA, however, believes that the
requirement should apply to all dip tanks; the current provision,
therefore, has been revised slightly to expand its scope to all dip
tanks and restated in paragraph (a) of proposed Sec. 1910.123. OSHA
believes that employers currently are following this requirement for
all dip tanks, and, therefore, that this proposed revision to the
existing rule will not impose an additional burden on employers.
8. Paragraph (c)(2)(ii) of current Sec. 1910.108 requires that
overflow pipes be of sufficient capacity, at least 3 inches in
diameter, and increase in size depending on the surface area of the
liquid and the length and pitch of the pipe. The first and second, but
not the third, of these requirements are included in paragraph (b)(2)
of proposed Sec. 1910.124. OSHA believes that the proposed language, by
requiring overflow pipes to be of ``sufficient capacity,'' makes it
unnecessary to specify further the characteristics of overflow pipes.
9. The proposal does not include the requirements in paragraphs
(c)(3) and (c)(4) of current Sec. 1910.108 that specific dip tanks be
provided with bottom drains and salvage tanks to drain and collect the
liquid in case of fire. OSHA believes that these requirements relate
primarily to property protection rather than employee protection (i.e.,
bottom drains and salvage tanks are used to save the liquid for
possible reuse). Moreover, bottom drains may actually increase the
surface area of a fire by increasing the potential for fire on the
vertical walls of the tank, thereby increasing the hazard to employees.
10. Paragraph (d) of current Sec. 1910.108 provides that, when
portable containers are used to replenish flammable or combustible
liquids, both the container and the tank must be positively grounded
and electrically bonded to prevent static electric sparks. In the
proposal, paragraph (d)(3) of Sec. 1910.124 clarifies the current
provision by requiring that the container and tank be electrically
bonded to each other. Once they are bonded electrically, it is
sufficient to ground one of them to prevent static electrical sparks or
arcs.
11. In current Sec. 1910.108, paragraph (e)(2) prohibits open
flames or spark-producing devices near vapor areas but provides an
exception ``as specifically permitted in NFPA Standard No. 86A-1969,
Ovens and Furnaces, paragraph 200-7.'' This exception is not included
in paragraph (d)(1) of proposed Sec. 1910.124 because the NFPA standard
used as a reference does not provide adequate information to make it
useful and the exception has not been continued in the most recent NFPA
standard (i.e., NFPA 34-1995). Also consistent with NFPA 34-1995 (see
paragraph 4-1.2), paragraph (d)(1) of proposed Sec. 1910.124 adds
``surfaces hot enough to ignite vapors'' to the list of ignition
sources that are prohibited near vapor areas.
12. Current Sec. 1910.108, paragraph (f)(2), requires that waste
cans be emptied ``at least once daily at the end of each shift.'' OSHA
interprets this phrase to mean ``at least once daily or at the end of
each shift, whichever is more frequent.'' OSHA believes that paragraph
(d)(6) of proposed Sec. 1910.124, which requires that waste cans be
emptied ``at the end of each shift,'' would remove the ambiguity from
the current standard.
13. Paragraph (d)(8) of existing Sec. 1910.94 and paragraph (f)(3)
of current Sec. 1910.108 require inspections of dip tanks and related
equipment. OSHA has reconciled and consolidated these requirements in
paragraph (j) of proposed Sec. 1910.123. For example, paragraph (d)(8)
of current Sec. 1910.94 requires quarterly inspections of specific
equipment, while paragraph (f)(3) of existing Sec. 1910.108 specifies
that periodic inspections be conducted. Proposed Sec. 1910.123,
paragraph (j)(1), calls for inspecting ventilating equipment ``at least
quarterly,'' and dipping and coating equipment ``periodically.'' OSHA
believes that this requirement is appropriate and consistent with the
intent of both existing standards.
14. Paragraph (f)(4) of current Sec. 1910.108 requires that ``No
Smoking'' signs in large letters on contrasting color background shall
be conspicuously posted'' near dip tanks. Paragraph (d)(7) of proposed
Sec. 1910.124 uses similar performance-oriented language, requiring
that such signs be ``readily visible.'' In addition, proposed
Sec. 1910.124, paragraph (d)(7), explicitly prohibits smoking in a
vapor area. While not stated explicitly, the current standard's
requirement that ``No Smoking'' signs be posted near dip tanks
indicates that smoking is prohibited in that area. Paragraph (e)(1)(i)
of existing Sec. 1910.108 specifically prohibits open flames and hot
surfaces in a vapor area. In this context, OSHA considers smoking
materials to be open flames and hot surfaces, and, therefore, subject
to the prohibition specified by the existing standard. To state the
current standard's prohibition on smoking more clearly in the proposal,
OSHA is including this prohibition in the same provision that requires
``No Smoking'' signs (i.e., paragraph (d)(6) of proposed
Sec. 1910.124).
[[Page 16924]]
15. Paragraphs (g)(2), (g)(4), and (g)(5) of current Sec. 1910.108
require that the specified fire-extinguishing systems be arranged to
protect the tanks, drain boards, and stock over drain boards. Proposed
Sec. 1910.124, paragraph (e)(3), states that ``[a] vapor area must be
protected by an automatic fire-extinguishing system that conforms to
subpart L of this part.'' Since the definition of vapor area in
paragraph (d) of proposed Sec. 1910.122 is broad enough to include the
tanks, drain boards, and stock over drain boards that are located in
the vapor area, OSHA concludes that paragraph (e)(3) of proposed
Sec. 1910.124 is equivalent to the current standard.
16. Paragraph (g)(6)(iii) of existing Sec. 1910.108 requires that
covers on dip tanks be supported by chains or wire rope under
conditions in which burning a cord used for this purpose would
interfere with operation of the cover. This requirement is not
specifically included in proposed Sec. 1910.124, paragraph (e)(4),
because OSHA believes that paragraph (e)(4)(i) of proposed
Sec. 1910.124, which requires that covers be activated by an approved
automatic device, makes such a requirement unnecessary.
17. In current Sec. 1910.108, paragraph (h)(1)(iii) requires that
hardening and tempering tanks be designed so that the maximum workload
is incapable of raising the temperature of the cooling medium to within
50 deg.F below its flashpoint, or be equipped with a circulating
cooling system that accomplishes the same result. Paragraph (a)(5) of
proposed Sec. 1910.125, in contrast, requires the use of a circulating
cooling system ``when the liquid temperature can exceed the alarm set
point''; the alarm set point must be at the temperature that is 50
deg.F (10 deg.C) below the liquid's flashpoint according to proposed
Sec. 1910.125, paragraph (a)(4)(i). The proposed provision would not
require a circulating cooling system or any other protective device
when the tank design prevents the liquid's temperature from reaching 50
deg.F (10 deg.C) below the flashpoint.
18. Paragraphs (h)(1)(vi) and (h)(1)(vii) of existing Sec. 1910.108
contain requirements for handling oil in hardening and tempering tanks.
In the proposal, paragraphs (a)(5) and (a)(6) of Sec. 1910.125 restate
the current requirements but replace the term ``oil'' with ``liquid.''
While OSHA believes that oil is the only liquid currently used in
hardening and tempering tanks, the revised terminology will permit the
Agency to extend these requirements to other flammable or combustible
liquids that may be used in the future under the conditions specified
in these paragraphs.
19. With regard to flow-coating operations, paragraph (h)(2)(i) of
existing Sec. 1910.108 states that ``[e]xcept as modified by this
paragraph, all of the preceding standards for dip tanks apply.'' The
introduction to proposed Sec. 1910.125 restates this existing
requirement in plain language and broadens its application to all
special dipping and coating operations. OSHA believes that the proposed
language would serve only to remind employers of their existing
obligations, and, therefore, imposes no additional obligation on them.
20. Paragraph (h)(2)(iv) of current Sec. 1910.108 specifies that
the area of the sump, and any areas on which paint flows, are to be
included within the area of the dip tank; consequently, these areas
would be covered by the scope of the current standard. OSHA has not
included a corresponding provision in the proposal because, in
paragraph (d) of proposed Sec. 1910.122, the definition of vapor area
is broad enough to include the sump and related areas. The proposal,
therefore, assures that all requirements now applicable to these areas
would continue to apply.
21. Existing Sec. 1910.108, paragraph (h)(3), contains provisions
for electrostatic equipment used in paint-detearing operations. OSHA
has restated these provisions in paragraph (g) of proposed
Sec. 1910.125. The Agency, however, believes that this type of
equipment is no longer manufactured or used, and, therefore, questions
whether any current need exists for proposed requirements;
consequently, OSHA requests comments from the regulated community on
the continuing need for these provisions.
22. Paragraph (h)(4) of current Sec. 1910.108 includes requirements
to prevent sparking of static electricity for operations involving roll
coating, roll spreading, or roll impregnating that use Class I or Class
II liquids; Class I liquids have flashpoints up to 100 deg.F (37.8
deg.C) and Class II liquids have flashpoints between 100 deg.F and 140
deg.F (37.8 deg.C and 60 deg.C). Proposed Sec. 1910.125, paragraph
(c), would require spark-prevention measures when flammable or
combustible liquids with flashpoints below 140 deg.F (60 deg.C) are
used in these operations. By specifying a flashpoint below 140 deg.F
(60 deg.C), the proposed paragraph includes both Class I and Class II
liquids addressed in paragraph (h)(4) of current Sec. 1910.108.
Tables Comparing the Proposed and Existing Sections
For convenience, OSHA is providing tables that show the paragraph
designations of the existing rules and the comparable provisions of the
proposed sections. Table I covers the requirements of current
Sec. 1910.94, and Table II covers the provisions in current
Sec. 1910.108. Table III lists the provisions of proposed sections
1910.122 through 1910.125 and the sources for each provision in
existing Secs. 1910.94(d) and 1910.108. For these tables, the headings
in the paragraph designations of the proposed rule refer to the
traditional text version.
Table I
------------------------------------------------------------------------
Proposed sections 1910.122 through
Current section 1910.94(d) 1910.125
------------------------------------------------------------------------
(d) Open surface tanks-(1) 122(a), (b).
General. (i) Application.
(d)(1)(ii) Exhaust system 123(b)(3).
construction.
(d)(2)(i)-(vii) Classification of Covered by standards referenced in
open-surface tank operations. 123(b)(3).
(d)(3) Ventilation............... 123(b)(1).
(d)(4)(i)-(v) Control Covered by standards referenced in
requirements. 123(b)(3).
(d)(5) Spray cleaning and 125(f).
degreasing.
(d)(6) Control means other than 123(b)(2).
ventilation.
(d)(7)(i),(ii) System design..... 123(b)(3).
(d)(7)(iii) Protect against 123(b)(5).
exhaust system fire.
(d)(7)(iv) Exhaust system meets 123(b)(3).
consensus standards.
(d)(8) Operation. (i) Maintain 123(c)(3), 123(j)(1)(i).
airflow.
(d)(8)(ii),(iii) Exhaust 123(c).
discharge; makeup air.
[[Page 16925]]
(d)(9) Personal protection. (i) 123(e).
Training.
(d)(9)(ii) Protective shoes...... 123(f)(1).
(d)(9)(iii) Protective gloves.... 123(f)(2).
(d)(9)(iv) Protective garments... 123(f)(3).
(d)(9)(v) Protective goggles..... 123(f)(4).
(d)(9)(vi) Respirators........... 123(f)(5).
(d)(9)(vii) Emergency showers.... 123(g)(2).
(d)(9)(viii) Physician 123(h)(1), (2), (3).
authorization, examination.
(d)(9)(ix) Washing facilities.... 123(g)(3).
(d)(9)(x) Locker space........... 123(g)(1).
(d)(9)(xi) First aid............. 123(h)(3).
(d)(10) Special precautions for 125(e).
cyanide.
(d)(11) Inspection, maintenance, Covered by section 1910.22(a).
and installation. (i) Floors.
(d)(11)(ii) Tank cleaning........ 123(i)(3).
(d)(11)(iii) Test tanks before 123(d).
entering.
(d)(11)(iv),(v) Entering tank.... Covered by section 1910.146.
(d)(11)(vi) Welding operations... 123(j)(2), (3), (4).
(d)(12) Vapor degreasing tanks. 125(d)(1).
(i) Vapor control.
(d)(12)(ii) Keep gas vapors away 125(d)(2), (3).
from heating units.
(d)(12)(iii) Do not create 125(d)(2), (3).
excessive vapors.
(d)(12)(iv) Tanks have cleanout 125(d)(5).
doors.
(d)(13) Scope. (i) Coverage...... 122(a), (b), (c).
(d)(13)(ii) Molten materials 122(c)(1).
operations defined.
(d)(13)(iii) Surface coating 122(c)(2).
operations defined.
------------------------------------------------------------------------
Table II
------------------------------------------------------------------------
Proposed sections 1910.122 through
Current section 1910.108 1910.125
------------------------------------------------------------------------
(a) Definitions applicable to 122(d).
this section-(1) Dip tank.
(a)(2) Vapor area................ 122(d).
(a)(3) Approved.................. 122(d).
(a)(4) Lister.................... Deleted; unnecessary.
(b) Ventilation-(1) Vapor area 123(b)(1), 123(b)(3), 123(b)(4).
ventilation.
(b)(2) Ventilation combined with 124(d)(4).
drying.
(c) Construction of dip tanks-(1) 123(a), 124(a).
General.
(c)(2) Overflow pipes. (i) Tank 124(b)(1).
capacity.
(c)(2)(ii) Overflow pipe capacity 124(b)(2).
(c)(2)(iii), (iv) Overflow pipe 124(b)(3), (4).
cleaning and location.
(c)(3)(i)-(iii) Bottom drains.... Deleted; property protection.
(c)(4) Salvage tanks............. Deleted; property protection.
(c)(5) Automatic extinguishing 124(e)(1), (3), (4).
facilities.
(c)(6) Conveyor systems.......... 124(c).
(c)(7) Heating dip tank liquids.. 124(f).
(d) Liquids used in dip tanks, 124(d)(3).
storage and handling.
(e) Electrical and other sources 124(d)(1), (2).
of ignition-(1) Vapor areas. (i)
No open flames, explosion proof
equipment.
(e)(1)(ii) Electrical equipment 124(d)(2).
in vapor areas.
(e)(2) Adjacent areas............ 124(d)(1), (2).
(f) Operations and maintenance- 124(d)(5).
(1) General.
(f)(2) Waste cans................ 124(d)(6).
(f)(3) Inspection of dip tanks... 123(j)(1).
(f)(4) Warning signs............. 124(d)(7).
(g) Extinguishment-(1) 124(e)(2).
Extinguishers.
(g)(2) Automatic water spray 124(e)(3).
extinguishing systems.
(g)(3) Automatic foam 124(b)(5), (6), 124(e)(3).
extinguishing systems.
(g)(4) Automatic carbon dioxide 124(e)(3).
systems.
(g)(5) Dry chemical extinguishing 124(e)(3).
systems.
(g)(6) Dip tank covers. (i) 124(e)(4)(i), (ii).
Automatically activated.
(g)(6)(ii)-(iv) Construction and 124(e)(4)(iii), (iv).
use of covers.
(h) Special dip tank applications- 125(a)(1).
(1) Hardening and tempering
tanks. (i) Location.
(h)(1)(ii) Noncombustible hood 125(a)(2), (3).
and vent.
(h)(1)(iii) Temperature of 125(a)(5).
cooling medium.
(h)(1)(iv) High temperature limit 125(a)(4).
switch.
(h)(1)(v) Automatic extinguishing 124(e)(1)(ii), 124(e)(3).
facilities.
[[Page 16926]]
(h)(1)(vi) No pressurized air.... 125(a)(6).
(h)(1)(vii) Bottom drain......... 125(a)(5).
(h)(2) Flow coat; general. (i) 125.
All above apply.
(h)(2)(ii) Strong and rigid 123(b)(2).
piping.
(h)(2)(iii) Paint pumped at low 125(b)(1).
pressure.
(h)(2)(iv) Area of dip tank...... Covered by section 1910.122(d).
(h)(3) Electrostatic apparatus... 125(g).
(h)(4) Roll coating.............. 125(c).
------------------------------------------------------------------------
Table III
------------------------------------------------------------------------
Proposed sections 1910.122
through 1910.125 (proposed Current sections 1910.94(d) and
section 1910.121 contains a table 1910.108 (or applicable NFPA
of contents for proposed sections standards)
1910.122 through 1910.125)
------------------------------------------------------------------------
1910.122 Dipping and coating
operations (dip tanks);
Coverage:
(a) Dipping and coating 1910.94(d)(1)(i), 1910.94(d)(13)(i)
operations are covered.
(b) Examples of covered Same as above.
operations.
(c) Certain dipping and 1910.94(d)(13)(i)-(iii).
coating operations are not
covered.
(1) Molten materials..... 1910.94(d)(13)(ii).
(2) Spray applications... 1910.94(d)(13)(iii).
(d) Definitions that apply to 1910.108(a).
dipping and coating
operations.
``Approved''............. 1910.108(a)(3).
``Autoignition NFPA 325-1994.
temperature''.
``Combustible liquid''... 1910.1200(c).
``Dip tank''............. 1910.108(a)(1).
``Flammable liquid''..... 1910.1200(c).
``Flashpoint''........... 1910.1200(c).
``Lower flammable limit'' NFPA 325-1994.
``Vapor area''........... 1910.108(a)(2).
1910.123 General requirements for
dipping and coating operations:
(a) Dip tanks must be 1910.108(c)(1).
constructed safely.
(b) Adequate ventilation must
be provided:
(1) Prevent hazardous 1910.94(d)(3), 1910.108(b)(1).
concentrations.
(2) Tank cover........... 1910.94(d)(6).
(3) Mechanical 1910.94(d)(1)(ii), 1910.94(d)(2),
ventilation design. 1910.94(d)(4), 1910.94(d)(7)(i)-
(iv), 1910.108(b)(1).
(4) Direction of airflow. 1910.108(b)(1).
(5) Independent exhaust 1910.94(d)(7)(iii).
system.
(c) Air must exhaust safely.. 1910.94(d)(8)(ii), (iii); NFPA 34-
1995.
(d) Entry into a dip tank is 1910.94(d)(11)(iii)-(v).
limited.
(e) Training must be provided 1910.94(d)(9)(i).
(f) Personal protective
equipment must be used:
(1) Footwear............. 1910.94(d)(9)(ii).
(2) Gloves............... 1910.94(d)(9)(iii).
(3) Garments............. 1910.94(d)(9)(iv).
(4) Goggles.............. 1910.94(d)(9)(v).
(5) Respirators.......... 1910.94(d)(9)(vi).
(g) Hygiene facilities must
be provided:
(1) Locker space......... 1910.94(d)(9)(x).
(2) Emergency shower and 1910.94(d)(9)(vii).
eye wash.
(3) Washing facilities... 1910.94(d)(9)(ix).
(h) Physical examination and
first aid must be provided:
(1) Physician's approval. 1910.94(d)(9)(viii).
(2) Treatment by properly 1910.94(d)(9)(viii).
designated person.
(3) Periodic examination. 1910.94(d)(9)(viii).
(4) First aid............ 1910.94(d)(9)(xi).
(i) Dipping and coating
operations must be cleaned
safely:
(1) Drain dip tank and 1910.94(d)(11)(ii).
open cleanout doors.
(2) Ventilate vapor 1910.94(d)(11)(ii).
pockets in tank or pit.
(j) Dipping and coating
operations must be inspected
and maintained.
(1) Inspect and correct 1910.94(d)(8)(i), 1910.108(f)(3).
deficiencies.
[[Page 16927]]
(2) Prevent employee 1910.94(d)(11)(vi).
exposure to the release
of toxic metals.
(3) Use local ventilation 1910.94(d)(11)(vi).
near a vapor area.
(4) Remove solvents and 1910.94(d)(11)(vi).
vapors.
1910.124 Additional requirements
for dipping and coating
operations that use flammable or
combustible liquids:
(a) Noncombustible 1910.108(c)(1).
construction is required.
(b) Overflow piping must be
provided
(1) When overflow pipes 1910.108(c)(2)(i).
are required.
(2) Size of overflow pipe 1910.108(c)(2)(ii).
(3) Overflow piping must 1910.108(c)(2)(iii).
permit access for
inspection and cleaning.
(4) Location of the 1910.108(c)(2)(iv).
overflow connection.
(5) Overflow pipe design. 1910.108(g)(3).
(6) Overflow pipe screen. 1910.108(g)(3).
(c) Conveyor systems must
shut down automatically:
(1) Fire................. 1910.108(c)(6).
(2) Ventilation failure.. 1910.108(b)(1).
(3) Ventilation rate 1910.108(c)(6).
drops.
(d) Ignition sources must be
controlled:
(1) No open flames near 1910.108(e)(1)(i), 1910.108(e)(2).
vapor areas.
(2) Electrical wiring.... 1910.108(e)(1)(i), (ii).
(3) Prevent static 1910.108(d).
electric sparks or arcs.
(4) Heating system in a 1910.108(b)(2).
drying operation.
(5) Combustible debris 1910.108(f)(1).
and stock.
(6) Approved waste can... 1910.108(f)(2).
(7) No smoking........... 1910.108(f)(4).
(e) Fire protection must be
provided:
(1) Application.......... 1910.108(c)(5), 1910.108(h)(1)(v).
(2) Manual fire 1910.108(g)(1).
extinguishers.
(3) Automatic fire- 1910.108(c)(5), 1910.108(g)(2)-(5).
extinguishing system.
(4) Automatic closing 1910.108(g)(6).
cover.
(f) Liquids must not be 1910.108(c)(7).
overheated.
1910.125 Additional requirements
for special dipping and coating
operations:
(a) Additional requirements
for hardening or tempering
tanks:
(1) Location............. 1910.108(h)(1)(i).
(2) Noncombustible hood 1910.108(h)(1)(ii).
and vent.
(3) Vent ducts treated as 1910.108(h)(1)(ii).
flues.
(4) Alarm and shut-down 1910.108(h)(1)(iv).
device.
(5) Circulating cooling 1910.108(h)(1)(iii), (vii)
system.
(6) Air pressure for 1910.108(h)(1)(vi).
filling and agitating.
(b) Additional requirements 1910.108(h)(2).
for flow coating
(c) Additional requirements
for roll coating, roll
spreading, or roll
impregnating a flammable or
combustible liquid with a
flashpoint below 140 deg.F
(60 deg.C):
(1) Bonding and grounding 1910.108(h)(4)(ii).
parts, and installing
static collectors.
(2) Maintain a conductive 1910.108(h)(4)(ii).
atmosphere.
(d) Additional requirements
for vapor degreasing tanks:
(1) Keep vapor level 1910.94(d)(12)(i).
below the top of the
tank.
(2) Prevent solvent fumes 1910.94(d)(12)(ii).
from entering air-fuel
mixture.
(3) Flues and draft 1910.94(d)(12)(ii).
diverters.
(4) Temperature of the 1910.94(d)(12)(iii).
heating element.
(5) Cleanout and sludge 1910.94(d)(12)(iv).
doors.
(e) Additional requirements 1910.94(d)(10).
for cyanide tanks:
(f) Additional requirements
for spray cleaning and
degreasing tanks:
(1) Spraying must be 1910.94(d)(5).
enclosed.
(2) Mechanical 1910.94(d)(5).
ventilation.
(g) Additional requirements
for electrostatic paint
detearing:
(1) Approved 1910.108(h)(3)(ii).
electrostatic equipment.
(2) Electrodes........... 1910.108(h)(3)(iv), (xi).
(3) Goods being painted.. 1910.108(h)(3)(vii), (viii).
(4) Maintain the safe 1910.108(h)(3)(vi).
distance.
(5) Display the safe 1910.108(h)(3)(vi).
distance on a sign.
(6) Automatic controls... 1910.108(h)(3)(ix).
(7) Fences, rails, and 1910.108(h)(3)(x).
guards.
(8) Fire protection...... 1910.108(h)(3)(xiii).
(9) Drip plates and 1910.108(h)(3)(xiv).
screens.
------------------------------------------------------------------------
[[Page 16928]]
IV. Legal Considerations
Because this proposal is a plain language redrafting of existing
Agency rules, OSHA does not believe that it is necessary to determine
significant risk or the extent to which the proposed sections would
reduce that risk. In Industrial Union Department, AFL-CIO v. American
Petroleum Institute, 448 U.S. 607 (1980), the Supreme Court ruled that,
before OSHA can increase the protection afforded by an existing
standard, the Agency must find that the hazard being regulated poses a
significant risk to employees and that a new, more protective, standard
is ``reasonably necessary and appropriate'' to reduce that risk. The
sections being proposed by OSHA to replace the Agency's existing
standards regulating dipping and coating operations neither increase
nor decrease the protection afforded to employees, nor do they increase
employers' compliance burdens. Therefore, no finding of significant
risk is necessary.
The Agency believes, however, that improved employee protection is
likely to result from implementation of the proposed sections because
employers and employees who clearly understand what a rule requires are
more likely to comply with that rule. In addition, because the proposed
sections are more performance oriented than the existing OSHA
requirements, employers will find it easier to comply with the new
sections.
V. Economic Analysis
The proposed sections are not significant rules under Executive
Order 12866 or major rules under the Unfunded Mandates Reform Act or
section 801 of the Small Business Regulatory Enforcement Fairness Act
(SBREFA) because they impose no additional costs on any private or
public sector entity and do not meet any of the other criteria for
significant or major rules specified by the Executive Order or the
other statutes. Because the proposed sections do not impose any
additional costs on employers whose operations involve dipping and
coating, no economic or regulatory flexibility analysis of the proposal
is required.
VI. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. (as amended), OSHA has examined the regulatory requirements of the
proposed sections to determine if they would have a significant
economic impact on a substantial number of small entities. As indicated
elsewhere in this preamble, the proposed sections will not increase
employers' compliance costs, and may even reduce the regulatory burden
on all affected employers, both large and small. Accordingly, the
Agency certifies that the proposed sections will not have a significant
economic impact on a substantial number of small entities.
VII. Environmental Impact Assessment
The proposed sections have been reviewed in accordance with the
requirements of the National Environmental Policy Act (NEPA) of 1969
(42 U.S.C. 4321 et seq.), the regulations of the Council on
Environmental Quality (40 U.S.C. part 1500), and the Department of
Labor's NEPA procedures (29 CFR part 11). As noted earlier in this
preamble, the proposed sections impose the same requirements on
employers as the standards they replace; consequently, the proposed
sections will have no additional impact on the environment, including
no impact on the release of materials that contaminate natural
resources or the environment, beyond the impact imposed by OSHA's
current standards regulating dipping and coating operations.
VIII. Paperwork Reduction Act
There is a collection of information in proposed 1910.125(g)(5)
(existing 1910.108(h)(3)(vi)). This provision requires the employer to
determine how far away employees should remain when electrostatic paint
detearing equipment is being used. This distance is called the ``safe
distance.'' The employer must conspicuously display this ``safe
distance'' on a sign located near the equipment. OSHA does not believe
that the existing rule or the proposed requirement impose a burden on
the employer to collect or display the information because OSHA
believes the information has already been determined and displayed on
the few, about 12, pieces of equipment equipment is use today. Newer
technology appears to have eliminated the need to manufacture or use
electrostatic paint detearing equipment and OSHA is soliciting comment
on the need to retain this provision. (See #21 under Significant
Proposed Changes to the Current Rule). Under the Paperwork Reduction
Act, OSHA is required to solicit public comment on the practical
utility (need) for the information collection and the burden hour
estimate (zero) associated with that collection.
The Department of Labor, as part of its continuing effort to reduce
paperwork and respond burden, conducts a preclearance consultation
program to provide the general public and Federal agencies with an
opportunity to comment on proposed and/or continuing collection of
information in accordance with the Paperwork Reduction Act of 1995
(PRA95)(44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that
requested data can be provided in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the impact of collection requirements on
respondents can be properly assessed. Therefore, OSHA is soliciting
comments on the collection of information provision in proposed
1910.125(g)(5) (existing 1910.108(h)(3)(vi)). Written comments should:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the function of the Agency,
including whether the information will have practical utility;
Evaluate the accuracy of the Agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g. permitting
electronic submissions of responses.
Comments on the collections of information should be sent to the
OMB Desk Officer for OSHA at Room 10235, 726 Jackson Place, NW,
Washington, DC 20503. Commenters are encouraged to send a copy of their
comments on the collection of information to OSHA along with their
other comments. The supporting statements for the collection of
information requirements are available in both OSHA and OMB Docket
Offices.
The collection of information requirement discussed above has been
submitted to OMB for approval as required under 44 U.S.C. 3507(d) of
the Paperwork Reduction Act of 1995. At this time OMB has not approved
this collection of information.
IX. Unfunded Mandates
The proposed sections were reviewed by OSHA in accordance with the
Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., and
Executive Order 12875. As discussed above in Section IV of this
preamble (``Legal Considerations''), OSHA has
[[Page 16929]]
made a preliminary determination that the proposal imposes no new
regulatory burdens on any employer, either public or private. The scope
and content of the proposed sections remain the same as those of the
current standards and have not been expanded to include additional
employers. Consequently, compliance with the proposed sections will
require no additional expenditures by either public or private
employers. In sum, the proposed sections do not mandate that State,
local, and tribal governments adopt new, unfunded regulatory
obligations.
X. Federalism
The proposed revision to the current standards regulating dipping
and coating operations has been reviewed for Federalism issues, and the
Agency certifies that the proposed sections have been assessed in
accordance with the principles, criteria, and requirements set forth in
sections 2 through 5 of Executive Order 12612.
Executive Order 12612 requires that Federal agencies, to the extent
possible, refrain from limiting State policy options, consult with
States prior to taking actions that restrict State policy options, and
take such actions only when clear constitutional authority exists and
the problem is of national scope. The Executive Order provides for
preemption of State law only when Congress has expressed an intent that
a Federal agency do so. Any such preemption must be limited to the
extent possible.
With respect to States that do not have occupational safety and
health plans approved by OSHA under section 18 of the Act (29 U.S.C.
667), OSHA finds that the proposed sections conform to the preemption
provisions of the Act. Under these provisions, OSHA is authorized to
preempt State promulgation and enforcement of requirements dealing with
occupational safety and health issues covered by OSHA standards unless
the State has an OSHA-approved State occupational safety and health
plan. (See Gade v. National Solid Wastes Management Association, 112
S.Ct. 2374 (1992).) States without such programs are, by 29 U.S.C. 667,
prohibited from issuing citations for violations of requirements
covered by OSHA standards. The proposed sections do not expand this
limitation.
Regarding States that have OSHA-approved occupational safety and
health plans (``State-plan states''), OSHA finds that the proposed
sections comply with Executive Order 12612 because the proposed
sections address a problem that is national in scope, and Section
18(c)(2) of the Act (29 U.S.C. 667(c)(2)) requires State-plan States to
adopt the OSHA sections, or develop alternative sections that are at
least as effective as the OSHA sections. Having already adopted the
current standards regulating dipping and coating operations (or having
developed alternative standards acceptable to OSHA), State-plan States
are not obligated to adopt the final sections that result from this
rulemaking; they may, however, choose to adopt the final sections, and
OSHA encourages them to do so.
XI. State Plan States
OSHA encourages the 25 States and Territories with their own OSHA-
approved occupational safety and health plans to revise their existing
standards regulating dipping and coating operations when OSHA publishes
the final sections that result from this rulemaking. These States are:
Alaska, Arizona, California, Connecticut (State and local government
employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, New York (State and local government
employees only), North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and
Wyoming.
XII. List of Subjects in 29 CFR 1910
Coating, Combustible liquid, Dipping, Dip tanks, Fire protection,
Flammable liquid, Occupational safety and health, Ventilation.
XIII. Authority
This document was prepared under the direction of Charles N.
Jeffress, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue, NW,
Washington, DC 20210. The proposed sections are issued under the
authority of sections 4, 6, and 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No 6-
96 (62 FR 111); and 29 CFR part 1911.
Signed at Washington, DC, this 2nd day of April, 1998.
Charles N. Jeffress,
Assistant Secretary of Labor.
OSHA proposes to amend 29 CFR part 1910 as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart G--Occupational Health and Environmental Control
1. The authority citation for subpart G of part 1910 would be
revised to read as follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; and
29 CFR part 1911.
Sec. 1910.94 [Amended]
2. Paragraph (d) of Sec. 1910.94 would be removed.
Subpart H--Hazardous Materials
1. The authority citation for subpart H of 29 CFR part 1910 would
be revised to read as follows:
Authority: Sec. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable.
Sections 1910.103, 1910.106 through 1910.111, and 1910.119
through 1910.125 also issued under 29 CFR part 1911.
Section 1910.119 also issued under section 304, Clean Air Act
Amendments of 1990 (Pub.L. 101-549), reprinted at 29 U.S.C. 655
Note.
Section 1910.120 also issued under section 126, Superfund
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655
Note), and 5 U.S.C. 553.
Sec. 1910.108 [Reserved]
2. Section 1910.108 would be removed and reserved.
3. A center heading and Secs. 1910.121 through 1910.125 would be
added. Two alternative versions of these sections are provided below.
The first alternative, referred to as the ``traditional format''
version, reads as follows:
Dipping and Coating Operations (Dip Tanks)
Sec. 1910.121 Table of Contents
The following is a listing of the sections and paragraphs contained
in Secs. 1910.122 through 1910.125.
Sec. 1910.122 Dipping and coating operations (dip tanks); Coverage.
(a) Dipping and coating operations are covered.
(b) Examples of covered operations.
(c) Certain dipping and coating operations are not covered.
(d) Definitions that apply to dipping and coating operations.
``Approved''
[[Page 16930]]
``Autoignition temperature''
``Combustible liquid''
``Dip tank''
``Flammable liquid''
``Flashpoint''
``Lower flammable limit''
``Vapor area''
Sec. 1910.123 General requirements for dipping and coating operations.
(a) Dip tanks must be constructed safely.
(b) Adequate ventilation must be provided.
(c) Air must exhaust safely.
(d) Entry into a dip tank is limited.
(e) Training must be provided.
(f) Personal protective equipment must be used.
(g) Hygiene facilities must be provided.
(h) Physical examination and first aid must be provided.
(i) Dipping and coating operations must be cleaned safely.
(j) Dipping and coating operations must be inspected and
maintained.
Sec. 1910.124 Additional requirements for dipping and coating
operations that use flammable or combustible liquids.
(a) Noncombustible construction is required.
(b) Overflow piping must be provided.
(c) Conveyor systems must shut down automatically.
(d) Ignition sources must be controlled.
(e) Fire protection must be provided.
(f) Liquids must not be overheated.
Sec. 1910.125 Additional requirements for special dipping and coating
applications.
(a) Additional requirements for hardening or tempering tanks.
(b) Additional requirements for flow coating.
(c) Additional requirements for roll coating, roll spreading, or
roll impregnating a flammable liquid or combustible liquid with a
flashpoint below 140 deg.F (60 deg.C).
(d) Additional requirements for vapor degreasing tanks.
(e) Additional requirements for cyanide tanks.
(f) Additional requirements for spray cleaning and degreasing
tanks.
(g) Additional requirements for electrostatic paint detearing.
Sec. 1910.122 Dipping and coating operations (dip tanks); Coverage.
(a) Dipping and coating operations are covered.
This rule applies to any operation where an object is dipped in or
held above a dip tank containing a liquid other than water, or is roll-
or flow-coated with such a liquid, to:
(i) Clean it;
(ii) Alter its surface;
(iii) Change its character; or
(iv) Add a coating or finish to it.
(2) This rule also applies to any draining or drying operation
associated with dipping or coating.
(b) Examples of covered operations.
Examples of operations covered by this rule include: Paint dipping;
electroplating; pickling; quenching; tanning; degreasing; stripping;
cleaning; and roll, flow, and curtain coating.
(c) Certain dipping and coating operations are not covered. This
rule does not apply:
(1) To dipping and coating operations that use a molten material
such as a metal, alloy, or salt; or
(2) When an object is coated using a surface-coating operation
covered by Sec. 1910.107, Spray applications.
(d) Definitions that apply to dipping and coating operations.
Approved means the equipment is listed or approved by a nationally
recognized testing laboratory as defined by Sec. 1910.7.
Autoignition temperature means the minimum temperature required to
cause self-sustained combustion, independent of the heating or heated
element.
Combustible liquid means a liquid having a flash point of 100 deg.F
(37.8 deg.C) or above.
Dip tank means a tank, vat, or container that holds liquids used
for dipping or coating operations. In dipping or coating operations, an
object may be immersed totally or partially in a dip tank, or held in
the vapor above the dip tank.
Flammable liquid means a liquid having a flashpoint below 100 deg.F
(37.8 deg. C).
Flashpoint means the minimum temperature at which a liquid gives
off a vapor in sufficient concentration to ignite when tested in
accordance with the definition of ``flashpoint'' in paragraph (c) of
Sec. 1910.1200.
Lower flammable limit means the lowest concentration of a material
that will propagate a flame. The lower flammable limit (LFL) is usually
expressed as a percent by volume of the material in air (or other
oxidant).
Vapor area means any space containing dipping or coating
operations, its drain boards, and associated drying or conveying
equipment.
Sec. 1910.123 General requirements for dipping and coating operations.
Employers must comply with each of the requirements below.
(a) Dip tanks must be constructed safely. A dip tank, including its
drain boards, must be able to withstand any expected load.
(b) Adequate ventilation must be provided. (1) An employer must
provide ventilation to prevent vapor and mist in a vapor area from
reaching a concentration greater than 25% of the lower flammable limit
for the substance. When subpart Z of this part establishes a
permissible exposure limit for a chemical used in a dip tank, employers
must control employee exposures in accordance with that subpart.
(2) A tank cover or material that floats on dipping and coating
liquids, such as foam or beads, may be used as an alternative or
supplement to ventilation provided they effectively reduce the
concentrations of hazardous materials in the vicinity of the employee
below the limits set in paragraph (b)(1) of this section.
(3) Mechanical ventilation, when used, must conform to one or more
of the following:
(i) ANSI Z9.2-1979, Fundamentals Governing the Design and Operation
of Local Exhaust Systems;
(ii) NFPA 34-1995, Standard for Dipping and Coating Processes Using
Flammable or Combustible Liquids;
(iii) The Industrial Ventilation Manual published by ACGIH-1995; or
(iv) ANSI Z9.1-1971, Practices for Ventilation and Operation of
Open-Surface Tanks, and NFPA 34-1966, Standard for Dip Tanks Containing
Flammable or Combustible Liquids.
(4) Mechanical ventilation, when used, must draw the flow of air
into a hood or exhaust duct.
(5) Each dip tank must have an independent exhaust system unless
the combination of the substances being removed will not cause a fire,
explosion, or hazardous chemical reaction in the duct system.
(c) Air must exhaust safely. (1) Exhaust air must not be
recirculated into the workplace unless:
(i) Recirculated air does not create a health hazard to employees;
and
(ii) Vapors in the exhaust air do not exceed 25% of their lower
flammable limit.
(2) Exhaust air from an operation using flammable or combustible
liquids may be recirculated only when the following additional
requirements are met:
(i) The recirculated air is free of solid particulates;
(ii) Approved equipment monitors the vapor concentration in exhaust
air; and
(iii) An audible alarm must be sounded and the dipping or coating
operations must shut down automatically when a vapor concentration
greater than 25% of the lower flammable limit is detected in the
exhaust system.
(3) When exhaust hoods are used:
(i) The volume of outside air provided to work areas having exhaust
hoods must be between 90 and 110 percent of the exhaust volume;
(ii) The outside air supply to such areas must not damage the
exhaust hood; and
[[Page 16931]]
(iii) The air-flow rate of the make-up air must be measured when an
exhaust hood is installed.
(d) Entry into a dip tank is limited. Entry into a dip tank must be
done in accordance with Sec. 1910.146.
(e) Training must be provided. An employer must instruct all
employees who work in or near a vapor area about:
(1) The hazards of their jobs;
(2) Appropriate first aid procedures; and
(3) Necessary personal protective equipment.
(f) Personal protective equipment must be used. When liquids used
in a dipping and coating operation may contact employees, an employer
must provide, and require employees to use:
(1) Protective footwear for any employee whose feet may become wet
to keep their feet dry.
(2) Gloves for any employee whose hands may become wet to keep
their hands dry.
(3) Protective garments for any employee whose clothing may become
wet to keep their skin dry.
(4) Tight-fitting chemical goggles or an effective face shield when
a liquid could splash into an employee's eyes; and
(5) Respirators when it is necessary to protect the health of the
employee against exposure to an excessive concentration of a toxic
chemical or oxygen deficiency. Respirator selection and use must
conform with Sec. 1910.134 and the appropriate requirements of subpart
Z of this part.
(g) Hygiene facilities must be provided. (1) Locker space or
equivalent clothing storage facilities must be provided to prevent
contamination of street clothing.
(2) An emergency shower and eye wash must be located near dipping
and coating operations that use liquids that may burn, irritate, or
otherwise harm an employee's skin. A water hose at least 4 feet (1.22
m) long and not smaller than \3/4\ of an inch (18 mm), with a quick-
opening valve, may be substituted for an emergency shower and eye wash.
(3) Washing facilities must be provided for all employees required
to use or handle any liquids that may burn, irritate, or otherwise harm
their skin. (See paragraph (d) of Sec. 1910.141.)
(h) Physical examination and first aid must be provided. (1) A
physician's approval to work in a vapor area must be obtained for an
employee with sores, burns, or other skin lesions requiring medical
treatment.
(2) Any small skin abrasions, cuts, rashes, or open sores that are
found or reported must be treated by a properly designated person so
that the chances of exposures to the chemicals are removed.
(3) The nostrils and other parts of an employee's body that are
exposed to chromic acids must be examined periodically for skin ulcers.
(4) Appropriate first aid supplies must be located near dipping and
coating operations.
(i) Dipping and coating operations must be cleaned safely. Before
the interior of a dip tank is cleaned:
(1) The contents of a dip tank must be drained and the cleanout
doors opened before the interior is cleaned; and
(2) All pockets in tanks or pits where hazardous vapors may collect
must be ventilated and cleared of such vapors.
(j) Dipping and coating operations must be inspected and
maintained. (1) An employer must inspect equipment and promptly correct
any deficiencies, including the following:
(i) The ventilation system must be inspected at least quarterly,
and after a prolonged shutdown, to check hoods and duct work for
corrosion or damage, and to check air-flow rates to ensure that proper
rates are maintained; and
(ii) All dipping and coating equipment, including covers, drains,
overflow piping, and electrical and fire-extinguishing systems, must be
inspected periodically.
(2) Maintenance work requiring welding, burning, or open flame done
near a vapor area or under conditions in which toxic metals are
released must be done with local mechanical-exhaust ventilation, or
with respirators that are selected and used in accordance with
Sec. 1910.134, to prevent a health hazard to employees.
(3) Maintenance work requiring welding, burning, or open flame near
a vapor area must be done under local mechanical-exhaust ventilation.
(4) A dip tank must be thoroughly cleaned of solvents and vapors
before it is exposed to welding, burning, or open flame.
Sec. 1910.124 Additional requirements for dipping and coating
operations that use flammable or combustible liquids.
An employer using flammable or combustible liquids in dipping and
coating operations must comply with the requirements in this section,
in addition to the requirements of Secs. 1910.122, 1910.123, and
1910.125.
(a) Noncombustible construction is required. A dip tank must be
constructed of noncombustible material.
(b) Overflow piping must be provided. (1) A dip tank with a
capacity greater than 150 gallons (568 L) or a liquid surface area
greater than 10 feet2 (.95 m2) must have properly
trapped overflow piping discharging to a safe location.
(2) Overflow pipes must be at least 3 inches (7.6 cm) in diameter
and of sufficient capacity to prevent the dip tank from overflowing
when liquids are added to the tank.
(3) Piping connections on drains and overflow pipes must be
constructed so as to permit ready access for inspecting and cleaning
the interior of the pipe.
(4) The bottom of the overflow connection must be at least 6 inches
(15.2 cm) below the top of the dip tank.
(5) The overflow pipe must be arranged to prevent fire-
extinguishing foam from floating away and clogging the overflow pipe
by:
(i) Extending the overflow pipe through the dip tank wall and
terminating the pipe at an L-joint pointing downward; or
(ii) Providing the overflow pipe with a removable screen of \1/4\-
inch (6.4 mm) mesh and having an area at least twice the cross-
sectional area of the overflow pipe.
(6) The screen on an overflow pipe must be inspected and cleaned
periodically to prevent it from clogging.
(c) Conveyor systems must shut down automatically. A conveyor
system used with a dip tank must shut down automatically when:
(1) There is a fire;
(2) There is a failure of any fan used to maintain adequate
ventilation; or
(3) The rate of ventilation drops below the level required to meet
the requirements in paragraph (b) of Sec. 1910.123.
(d) Ignition sources must be controlled. (1) A vapor area, and
areas within 20 feet (6.1 m) of the vapor area not separated from it by
tight partitions, must be free of open flames, spark-producing devices,
or surfaces hot enough to ignite vapors.
(2) Electrical wiring or equipment in a vapor area, and areas
adjacent to it, must conform with the applicable requirements of
subpart S of this part for hazardous (classified) locations.
(3) When a portable container is used to add a liquid to a dip
tank, the container and tank must be electrically bonded to each other,
and positively grounded, to prevent static electrical sparks or arcs.
(4) When a heating system that may be an ignition source is used in
a drying operation:
(i) The heating system must be installed in accordance with NFPA
86A-1969, Standard for Ovens and Furnaces, which is incorporated by
reference in Sec. 1910.6;
(ii) Adequate mechanical ventilation must be operating before and
during the drying operation; and
(iii) The heating system must shut down automatically when any
[[Page 16932]]
ventilating fan fails to maintain adequate ventilation.
(5) A vapor area must be free of combustible debris and as clear of
combustible stock as practical.
(6) Rags or other material contaminated with liquids from dipping
and coating operations must be placed in an approved waste can
immediately after use, and the contents of the waste can must be
properly disposed of at the end of each shift.
(7) Smoking is prohibited in a vapor area. A readily visible ``No
Smoking'' sign must be posted near each dip tank.
(e) Fire protection must be provided. (1) This paragraph (e)
applies to:
(i) A dip tank with a capacity of at least 150 gallons (568 L) or
having a liquid surface area of at least 4 feet2 (.38
m2); and
(ii) A hardening or tempering tank with a capacity of at least 500
gallons (1893 L) or having a liquid surface area of at least 25
feet2 (2.37 m2).
(2) Vapor areas must be provided with manual fire extinguishers
suitable for flammable and combustible liquid fires, and the manual
fire extinguishers must conform to the requirements of Sec. 1910.157.
(3) A vapor area must be protected by an automatic fire-
extinguishing system that conforms with subpart L of this part.
(4) An automatic closing cover may be used instead of an automatic
fire-extinguishing system when it is:
(i) Activated by an approved automatic device;
(ii) Capable of manual operation;
(iii) Noncombustible or of tin-clad type with enclosing metal
applied with locked joints; and
(iv) Kept closed when the dip tank is not in use.
(f) Liquids must not be overheated. A liquid in a dip tank must not
be heated:
(1) Above the liquid's boiling point; or
(2) To a temperature within 100 deg.F (37.8 deg.C) of the
liquid's autoignition temperature.
Sec. 1910.125 Additional requirements for special dipping and coating
operations.
Employers must comply as appropriate with each of the requirements
of this section in addition to the requirements for dipping and coating
operations specified in Secs. 1910.122 through 1910.124.
(a) Additional requirements for hardening or tempering tanks.
Note to paragraph (a) of Sec. 1910.125: The requirements
specified in paragraph (d)(1) of Sec. 1910.124 do not apply to
hardening or tempering tanks.
(1) Tanks must be located as far as practicable from furnaces and
be placed on noncombustible flooring.
(2) Tanks must have a noncombustible hood and vent or other
equivalent device for venting to the outside.
(3) For this purpose, vent ducts must be treated as flues and kept
well away from combustible roofs and other materials.
(4) Tanks must have a device that:
(i) Sounds an alarm when the liquid temperature reaches within 50
deg.F (10 deg.C) of its flashpoint (alarm set point); and
(ii) When practical from an operating standpoint, shuts down the
conveying equipment that supplies work to the dip tank.
(5) A circulating cooling system or similar equipment must be used
when the liquid temperature can exceed the alarm set point. A bottom
drain may be used in the circulating cooling system when the drain
valve operates automatically with an approved heat-actuated device or
manually from a safe location.
(6) Air under pressure must not be used to fill or agitate the
liquid in the tank.
(b) Additional requirements for flow coating. (1) Paint must be
supplied to the process by:
(i) A direct low-pressure pumping system that automatically shuts
down by means of an approved heat-actuated device in the case of fire;
or
(ii) A gravity tank not exceeding 10 gallons (38 L) in capacity.
(2) All piping must be:
(i) Erected in a strong fashion; and
(ii) Rigidly supported.
(c) Additional requirements for roll coating, roll spreading, or
roll impregnating a flammable or combustible liquid with a flashpoint
below 140 deg.F (60 deg.C). Sparking of static electricity must be
prevented by:
(1) Bonding and grounding all metallic equipment parts (including
rotating parts) and installing static collectors; or
(2) Maintaining a conductive atmosphere (such as a high relative
humidity) in the vapor area.
(d) Additional requirements for vapor degreasing tanks. (1) In a
degreasing tank equipped with a condenser or vapor-level thermostat,
the condenser or thermostat must keep the vapor level below the top of
the dip tank by at least 36 inches (91 cm) or one-half the dip tank
width, whichever is shorter.
(2) When fuel gas is used to heat the liquid in a vapor degreasing
tank, solvent fumes or vapors must be prevented from entering the air-
fuel mixture by making the combustion chamber air tight, except for the
flue opening.
Note to paragraph (d)(2) of Sec. 1910.125: Special attention
must be paid to making the combustion chamber air-tight when
chlorinated- or fluorinated-hydrocarbon solvents are used.
(3) The flue must be made of corrosion-resistant material and
extend to the outer air, and a draft diverter must be installed when
mechanical exhaust is used on the flue.
(4) The surface temperature of a heating element must not cause a
solvent or a mixture to decompose or be converted into any excess
quantity of vapor.
(5) Tanks with a vapor area larger than 4 feet2 (.38
m2) used for solvent cleaning or vapor degreasing must have
cleanout or sludge doors located near the bottom of each tank. The
doors must prevent leakage of liquid when closed.
(e) Additional requirements for cyanide tanks. Tanks must be
constructed with a dike or other method to prevent cyanide from mixing
with an acid when a dip tank fails.
(f) Additional requirements for spray cleaning and degreasing
tanks. Airborne spraying to disperse a liquid above any open-surface
tank must be controlled as follows:
(1) Spraying must be enclosed to the extent feasible; and
(2) Mechanical ventilation must provide enough inward air velocity
to prevent the spray from leaving the vapor area.
(g) Additional requirements for electrostatic paint detearing. (1)
Electrostatic equipment used for paint-detearing operations must be
approved.
(2) The electrodes used in such equipment must be:
(i) Constructed in a substantial manner;
(ii) Rigidly supported in permanent locations; and
(iii) Insulated effectively from ground using insulators that are
nonporous, noncombustible, and kept clean and dry.
(3) Goods being paint deteared using electrostatic equipment must
be:
(i) Supported on conveyors; and
(ii) Manipulated by means other than by hand.
(4) The distance between goods being paint deteared and the
electrodes or conductors of the electrostatic equipment must be
maintained at twice the sparking distance or greater; this distance is
referred to as the ``safe distance.''
Note to paragraph (g)(4) of Sec. 1910.125: The safe distance
must be maintained for goods that are supported on conveyors during
the paint-detearing operation.
(5) The safe distance must be displayed conspicuously on a suitable
[[Page 16933]]
sign located near the electrostatic equipment.
(6) Electrostatic equipment used in paint-detearing operations must
have automatic controls that immediately disconnect the power supply to
the high-voltage transformer and signal the operator when:
(i) Failure occurs in ventilating equipment or conveyors used in
paint-detearing operations;
(ii) A ground or imminent ground occurs at any point on the high-
voltage system; or
(iii) The safe distance is not maintained.
(7) Fences, rails, or guards must be used that:
(i) Safely isolate paint-detearing operations from plant storage
and personnel;
(ii) Are constructed of conducting material; and
(iii) Are adequately grounded.
(8) To protect paint-detearing operations from fire:
(i) Automatic sprinklers must be used when available; and
(ii) When such sprinklers are not available, automatic fire-
extinguishing systems must be used that conform to subpart L of this
part.
(9) Removable drip plates and screens must be:
(i) Used to collect paint deposits; and
(ii) Cleaned in a safe location.
The second alternative, referred to as the question-and-answer
version, reads as follows:
Dipping and Coating Operations (Dip Tanks)
Sec. 1910.121 Table of Contents.
The following is a listing of the sections and paragraphs contained
in Secs. 1910.122 through 1910.125.
Sec. 1910.122 Dipping and Coating Operations (Dip Tanks): What is
covered by this rule?
(a) Which dipping and coating operations are covered?
(b) What are examples of covered operations?
(c) Which dipping and coating operations are not covered?
(d) Which definitions apply to dipping and coating operations?
``Approved''
``Autoignition temperature''
``Combustible liquid''
``Dip tank''
``Flammable liquid''
``Flashpoint''
``Lower flammable limit''
``Vapor area''
Sec. 1910.123 What are the general requirements for dipping and
coating operations?
(a) What are the requirements for construction of dip tanks?
(b) What are the requirements for adequate ventilation?
(c) What are the requirements for recirculating exhaust air?
(d) What are the requirements for entry into a dip tank?
(e) What are the requirements for training employees?
(f) What personal protective equipment must be used?
(g) What hygiene facilities must be provided?
(h) What physical examinations and first aid must be provided?
(i) What are the requirements for cleaning dipping and coating
operations safely?
(j) What are the requirements for inspecting and maintaining
dipping and coating operations?
Sec. 1910.124 What are the additional requirements for dipping and
coating operations that use flammable or combustible liquids?
(a) What type of construction materials must be used?
(b) When is overflow piping required?
(c) When is a conveyor system required to shut down
automatically?
(d) What are the requirements for the control of ignition
sources?
(e) What fire protection must be provided?
(f) To what temperature may liquids in a dip tank be heated?
Sec. 1910.125 What are the additional requirements for special dipping
and coating applications?
(a) What additional requirements apply to hardening or tempering
tanks?
(b) What additional requirements apply to flow coating?
(c) What additional requirements apply to roll coating, roll
spreading, or roll impregnating a flammable or combustible liquid
with a flashpoint below 140 deg.F (60 deg.C)?
(d) What additional requirements apply to vapor degreasing
tanks?
(e) What additional requirements apply to cyanide tanks?
(f) What additional requirements apply to spray cleaning and
degreasing tanks?
(g) What additional requirements apply to electrostatic paint
detearing?
Sec. 1910.122 Dipping and coating operations (dip tanks): What is
covered by this rule?
(a) Which dipping and coating operations are covered? (1) This rule
applies to any operation where an object is dipped in or held above a
dip tank containing a liquid other than water, or the vapor of such a
liquid, to:
(i) Clean it;
(ii) Alter its surface;
(iii) Change its character; or
(iv) Add a coating or finish to it.
(2) This rule also applies to any draining or drying operation
associated with dipping or coating.
(b) What are examples of covered operations? Examples of operations
covered by this rule include: Paint dipping; electroplating; pickling;
quenching; tanning; degreasing; stripping; cleaning; and roll, flow,
and curtain coating.
(c) Which dipping and coating operations are not covered? This rule
does not apply:
(1) To dipping and coating operations that use a molten material
such as a metal, alloy, or salt; or
(2) When an object is coated using a surface-coating operation
covered by section 1910.107, Spray applications.
(d) Which definitions apply to dipping and coating operations?
``Approved'' means the equipment is listed or approved by a nationally
recognized testing laboratory as defined by Sec. 1910.7.
Autoignition temperature means the minimum temperature required to
cause self-sustained combustion, independent of the heating or heated
element.
Combustible liquid means a liquid having a flash point of 100 deg.F
(37.8 deg.C) or above.
Dip tank means a tank, vat, or container that holds liquids used
for dipping or coating operations. In dipping or coating operations, an
object may be immersed totally or partially in a dip tank, or held in
the vapor above the dip tank.
Flammable liquid means a liquid having a flashpoint below 100 deg.F
(37.8 deg.C).
Flashpoint means the minimum temperature at which a liquid gives
off a vapor in sufficient concentration to ignite when tested in
accordance with the definition of ``flashpoint'' in paragraph (c) of
Sec. 1910.1200.
Lower flammable limit means the lowest concentration of a material
that will propagate a flame. The lower flammable limit (LFL) is usually
expressed as a percent by volume of the material in air (or other
oxidant).
Vapor area means any space containing dipping or coating
operations, its drain boards, and associated drying or conveying
equipment.
1910.123 What are the general requirements for dipping and coating
operations?
(a) What are the requirements for construction of dip tanks? An
employer must ensure that a dip tank, including its drain boards, is
able to withstand any expected load.
(b) What are the requirements for adequate ventilation?
(1) An employer must provide ventilation to prevent vapor and mist
in a vapor area from reaching a concentration that is greater than 25%
of the lower flammable limit for the substance. When subpart Z of this
part
[[Page 16934]]
establishes a permissible exposure limit for a chemical used in a dip
tank, an employer must control worker exposures in accordance with that
subpart. A tank cover or material that floats on dipping and coating
liquids, such as foam or beads, may be used as an alternative or
supplement to ventilation, provided they effectively reduce the
concentrations of hazardous materials in the vicinity of the employee
below the limits set in paragraph (b)(1) of this section. Mechanical
ventilation, when used, must conform to one or more of the following:
(i) ANSI Z9.2-1979, Fundamentals Governing the Design and Operation
of Local Exhaust Systems;
(ii) NFPA 34-1995, Standard for Dipping and Coating Processes Using
Flammable or Combustible Liquids;
(iii) The Industrial Ventilation Manual published by ACGIH-1995; or
(iv) ANSI Z9.1-1971, Practices for Ventilation and Operation of
Open-surface Tanks, and NFPA 34-1966, Standard for Dip Tanks Containing
Flammable or Combustible Liquids.
(2) Mechanical ventilation, when used, must draw the flow of air
into a hood or exhaust duct. Each dip tank must have an independent
exhaust system unless the combination of the substances being removed
will not cause a fire, explosion, or hazardous chemical reaction in the
duct system.
(c) What are the requirements for recirculating exhaust air?
(1) An employer must ensure that exhaust air is not recirculated
into the workplace unless it does not create a health hazard to
employees and vapors in the exhaust air do not exceed 25% of their
lower flammable limit. Exhaust air from an operation using flammable or
combustible liquids may be recirculated only when the following
additional requirements are met:
(i) The recirculated air is free of solid particulates;
(ii) Approved equipment monitors the vapor concentration in exhaust
air; and
(iii) An audible alarm must be sounded and the dipping and coating
operations must shut down automatically when a vapor concentration
greater than 25% of its lower flammable limit is detected in the
exhaust system.
(2) When exhaust hoods are used, the volume of outside air provided
to work areas having exhaust hoods must be between 90 and 110 percent
of the exhaust volume, the outside air supply to such areas must not
damage the exhaust hood, and the air-flow rate of the make-up air must
be measured when an exhaust hood is installed.
(d) What are the requirements for entry into a dip tank? An
employer must ensure that entry into a dip tank is done in accordance
with Sec. 1910.146.
(e) What are the requirements for training employees? An employer
must instruct all employees who work in or near a vapor area about:
(1) The hazards of their jobs;
(2) Appropriate first aid procedures; and
(3) Necessary personal protective equipment.
(f) What personal protective equipment must be used? When liquids
used in a dipping or coating operation may contact employees, an
employer must provide, and require employees to use:
(1) Protective footwear for any employee whose feet may become wet
to keep their feet dry;
(2) Gloves for any employee whose hands may become wet to keep
their hands dry;
(3) Protective garments for any employee whose clothing may become
wet to keep their skin dry;
(4) Tight-fitting chemical goggles or an effective face shield when
a liquid could splash into an employee's eyes; and
(5) Respirators when it is necessary to protect the health of the
employee against exposure to an excessive concentration of a toxic
chemical or oxygen deficiency. Respirator selection and use must comply
with Sec. 1910.134 and the appropriate requirements of subpart Z of
this part.
(g) What hygiene facilities must be provided? Locker space or
equivalent clothing storage facilities must be provided by the employer
to prevent contamination of street clothing. An employer must provide
an emergency shower and eye wash located near dipping and coating
operations that use liquids that may burn, irritate, or otherwise harm
the employee's skin. An employer may provide a water hose at least 4
feet (1.22 m) long and not smaller than 3/4 of an inch (18 mm), with a
quick-opening valve, as a substitute for an emergency shower and eye
wash. Also, an employer must provide washing facilities for all
employees required to use or handle any liquids that may burn,
irritate, or otherwise harm their skin. (See paragraph (d) of
Sec. 1910.141.)
(h) What physical examinations and first aid must be provided? An
employer must obtain a physician's approval before an employee with
sores, burns, or other skin lesions requiring medical treatment may
work in a vapor area. Any small skin abrasions, cuts, rashes, or open
sores that are found or reported must be treated by a properly
designated person so that the chances of exposures to the chemicals are
removed. An employer must provide periodic examination of the nostrils
and other parts of an employee's body that are exposed to chromic acids
to detect skin ulcers. Appropriate first aid supplies must be located
near dipping and coating operations.
(i) What are the requirements for cleaning dipping and coating
operations safely?
An employer must ensure that, before the interior of a dip tank is
cleaned, the contents of the dip tank are drained and the cleanout
doors are opened. Also, all pockets in tanks or pits where hazardous
vapors may collect must be ventilated and cleared of such vapors.
(j) What are the requirements for inspecting and maintaining
dipping and coating operations?
(1) An employer must inspect equipment and promptly correct any
deficiencies. An employer must inspect the ventilation system at least
quarterly, and after a prolonged shutdown, to check the hoods and duct
work for corrosion or damage, and check air-flow rates to ensure that
proper rates are maintained. An employer must inspect periodically all
dipping and coating equipment, including covers, drains, overflow
piping, and electrical and fire-extinguishing systems.
(2) An employer must ensure that maintenance work requiring
welding, burning, or open flame done near a vapor area or under
conditions in which toxic metals are released, is done with local
mechanical-exhaust ventilation or with respirators that are selected
and used in accordance with Sec. 1910.134, to prevent a health hazard
to employees. A dip tank must be thoroughly cleaned of solvents and
vapors before it is exposed to welding, burning, or open flame.
Sec. 1910.124 What are the additional requirements for dipping and
coating operations that use flammable or combustible liquids?
An employer using flammable or combustible liquids in dipping and
coating operations must comply with the requirements in this section,
in addition to the requirements of Secs. 1910.122, 1910.123, and
1910.125.
(a) What type of construction materials must be used? An employer
must ensure that a dip tank using flammable or combustible liquids is
constructed of noncombustible material.
(b) When is overflow piping required?
(1) An employer must provide a dip tank with a capacity greater
than 150 gallons (568 L) or a liquid surface area greater than 10 feet
\2\ (.95 m \2\) with
[[Page 16935]]
properly trapped overflow piping discharging to a safe location.
Overflow pipes must be at least 3 inches (7.6 cm) in diameter and of
sufficient capacity to prevent the dip tank from overflowing when
liquids are added to the tank.
(2) Piping connections on drains and overflow pipes must be
constructed so as to permit ready access for inspecting and cleaning of
the interior of the pipe. The bottom of the overflow connection must be
at least 6 inches (15.2 cm) below the top of the dip tank. The overflow
pipe must be arranged to prevent fire-extinguishing foam from floating
away and clogging the overflow pipe, either by extending the overflow
pipe through the dip tank wall and terminating the pipe at an L-joint
pointing downward, or by providing the overflow pipe with a removable
screen of \1/4\ inch (6.4 mm) mesh which has an area at least twice the
cross-sectional area of the overflow pipe. The screen on an overflow
pipe must be inspected and cleaned periodically to prevent it from
clogging.
(c) When is a conveyor system required to shut down automatically?
An employer must ensure that a conveyor system used with a dip tank
shuts down automatically when:
(1) There is a fire;
(2) There is a failure of any fan used to maintain adequate
ventilation; or
(3) The rate of ventilation drops below the level required to meet
the requirements in paragraph (b) of Sec. 1910.123.
(d) What are the requirements for the control of ignition sources?
(1) An employer must ensure that a vapor area, and areas within 20
feet (6.1 m) of the vapor area not separated from it by tight
partitions, are free of open flames, spark-producing devices, or
surfaces hot enough to ignite vapors. Electrical wiring or equipment in
a vapor area, and areas adjacent to it, must conform with the
applicable requirements of subpart S of this part for hazardous
(classified) locations. When a portable container is used to add a
liquid to a dip tank, the container and tank must be electrically
bonded to each other, and positively grounded, to prevent static
electrical sparks or arcs.
(2) When a heating system that may be an ignition source is used in
a drying operation, the heating system must be installed in accordance
with NFPA 86A-1969, Standard for Ovens and Furnaces (which is
incorporated by reference in Sec. 1910.6), adequate mechanical
ventilation must be operating before and during the drying operation,
and the heating system must shut down automatically when any
ventilating fan fails to maintain adequate ventilation.
(3) An employer must ensure that a vapor area is free of
combustible debris and as clear of combustible stock as practical. Rags
or other material contaminated with liquids from dipping and coating
operations must be placed in an approved waste can immediately after
use, and the contents of the waste can must be properly disposed of at
the end of each shift.
(4) An employer must prohibit smoking in a vapor area. A readily
visible ``No Smoking'' sign must be posted near each dip tank.
(e) What fire protection must be provided?
(1) An employer must provide the fire protection required by this
paragraph (e) for a dip tank with a capacity of at least 150 gallons
(568 L) or having a liquid surface area of at least 4 feet \2\ (.38 m
\2\), and a hardening or tempering tank with a capacity of at least 500
gallons (1893 L) or having a liquid surface area of at least 25 feet
\2\ (2.37 m \2\).
(2) An employer must ensure that a vapor area is provided with
manual fire extinguishers suitable for flammable and combustible liquid
fires, and the manual fire extinguishers must conform to the
requirements of Sec. 1910.157. A vapor area must also be protected by
an automatic fire-extinguishing system that conforms with subpart L of
this part. An automatic closing cover may be used instead of an
automatic fire-extinguishing system, when it is:
(i) Activated by an approved automatic device;
(ii) Capable of manual operation;
(iii) Noncombustible or of tin-clad type with enclosing metal
applied with locked joints; and
(iv) Kept closed when the dip tank is not in use.
(f) To what temperature may liquids in a dip tank be heated? An
employer must ensure that a liquid in a dip tank is not heated above
the liquid's boiling point or to a temperature within 100 deg.F
(37.8 deg.C) of the liquid's autoignition temperature.
Sec. 1910.125 What are the additional requirements for special dipping
and coating applications?
An employer must comply as appropriate with each of the
requirements of this section in addition to the requirements for
dipping and coating operations in Secs. 1910.122 through 1910.124.
(a) What additional requirements apply to hardening or tempering
tanks? While the following requirements apply to hardening or tempering
tanks, the requirements in the first sentence of paragraph (d)(1) of
Sec. 1910.124 do not.
(1) An employer must ensure that hardening or tempering tanks are
located as far as practicable from furnaces and are placed on
noncombustible flooring. Tanks must have a noncombustible hood and vent
or other equivalent device for venting to the outside. For this
purpose, vent ducts must be treated as flues and kept away from
combustible roofs and other materials.
(2) Tanks must have a device that sounds an alarm when the liquid
temperature reaches within 50 deg.F (10 deg.C) of its flashpoint (alarm
set point), and that shuts down the conveying equipment that supplies
work to the dip tank when practical from an operating standpoint. A
circulating cooling system or similar equipment must be used when the
liquid temperature can exceed the alarm set point. A bottom drain may
be used in the circulating cooling system when the drain valve operates
automatically with an approved heat-actuated device or manually from a
safe location. Air under pressure must not be used to fill or agitate
the liquid in the tank.
(b) What additional requirements apply to flow coating? An employer
must ensure that paint is supplied to the process by either a direct
low-pressure pumping system that automatically shuts down by means of
an approved heat-actuated device in the case of fire, or a gravity tank
not exceeding 10 gallons (38 L) in capacity. All piping must be erected
in a strong fashion and rigidly supported.
(c) What additional requirements apply to roll coating, roll
spreading, or roll impregnating a flammable or combustible liquid with
a flashpoint below 140 deg.F (60 deg.C)? An employer must ensure that
sparking of static electricity is prevented by bonding and grounding
all metallic equipment parts (including rotating parts) and installing
static collectors, or by maintaining a conductive atmosphere (such as a
high relative humidity) in the vapor area.
(d) What additional requirements apply to vapor degreasing tanks?
(1) An employer must ensure that, in a degreasing tank equipped
with a condenser or vapor-level thermostat, the condenser or thermostat
keeps the vapor level below the top of the dip tank by at least 36
inches (91 cm) or one-half the dip tank width, whichever is shorter.
When fuel gas is used to heat the liquid in a vapor degreasing tank,
solvent fumes or vapors must be prevented from entering the air-fuel
mixture by making the combustion chamber airtight, except for the flue
opening. Special attention must be paid to making the combustion
chamber airtight when chlorinated- or
[[Page 16936]]
fluorinated-hydrocarbon solvents are used. The flue must be made of
corrosion-resistant material and extend to the outer air, and a draft
diverter must be installed when mechanical exhaust is used on the flue.
(2) The surface temperature of a heating element must not cause a
solvent or a mixture to decompose or be converted into any excess
quantity of vapor. Tanks with a vapor area larger than 4 feet \2\ (.38
m\2\) used for solvent cleaning or vapor degreasing must have cleanout
or sludge doors located near the bottom of each tank. The doors must
prevent leakage of liquid when closed.
(e) What additional requirements apply to cyanide tanks? An
employer must ensure that tanks are constructed with a dike or other
method to prevent cyanide from mixing with an acid when a dip tank
fails.
(f) What additional requirements apply to spray cleaning and
degreasing tanks? An employer must ensure that airborne spraying used
to disperse a liquid above any open-surface tank is controlled by
enclosing the spraying to the extent feasible, and by using mechanical
ventilation that provides enough inward air velocity to prevent the
spray from leaving the vapor area.
(g) What additional requirements apply to electrostatic paint
detearing?
(1) An employer must ensure that electrostatic equipment used for
paint-detearing operations is approved. The electrodes used in such
equipment must be constructed in a substantial manner, rigidly
supported in permanent locations, and insulated effectively from ground
using insulators that are nonporous, noncombustible, and kept clean and
dry.
(2) Goods being paint deteared using electrostatic equipment must
be supported on conveyors and manipulated by means other than by hand.
The distance between goods being paint deteared and the electrodes or
conductors of the electrostatic equipment must be maintained at twice
the sparking distance or greater; this distance is referr'ed to as the
``safe distance.'' The safe distance must be maintained for goods that
are supported on conveyors during the paint-detearing operation. The
safe distance must be displayed conspicuously on a suitable sign
located near the electrostatic equipment.
(3) Electrostatic equipment used in paint-detearing operations must
have automatic controls that immediately disconnect the power supply to
the high-voltage transformer and signal the operator when failure
occurs in ventilating equipment or conveyors used in paint-detearing
operations, a ground or imminent ground occurs at any point on the
high-voltage system, or the safe distance is not maintained.
(4) Fences, rails, or guards must be used that safely isolate
paint-detearing operations from plant storage and personnel, are
constructed of conducting material, and are adequately grounded.
(5) To protect paint-detearing operations from fire, automatic
sprinklers must be used when available. When such sprinklers are not
available, automatic fire-extinguishing systems must be used that
conform to subpart L of this part.
(6) Removable drip plates and screens must be used to collect paint
deposits, and must be cleaned in a safe location.
[FR Doc. 98-9044 Filed 4-6-98; 8:45 am]
BILLING CODE 4510-26-P
