Department of Labor by shuifanglj


                                                                                            September 15, 2004

                                                                                            Part II

                                                                                            Department of Labor
                                                                                            Occupational Safety and Health

                                                                                            29 CFR Part 1915
                                                                                            Fire Protection in Shipyard Employment;
                                                                                            Final Rule

VerDate jul<14>2003   13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00001   Fmt 4717   Sfmt 4717   E:\FR\FM\15SER2.SGM   15SER2
      55668           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      DEPARTMENT OF LABOR                                      693–2222. For additional copies of this               than three times that many total injuries
                                                               Federal Register document, contact:                   due to shipyard fires (Ex. 15).
      Occupational Safety and Health                           Office of Publications, Room N–3103,                     Employees are also at special risk
      Administration                                           Occupational Safety and Health                        when fighting fires in shipyards.
                                                               Administration, U.S. Department of                    Fighting fires at land-side facilities in
      29 CFR Part 1915                                         Labor, 200 Constitution Avenue, NW.,                  shipyards can be similar to traditional
                                                               Washington, DC 20210; telephone: (202)                firefighting at typical industrial
      [Docket No. S–051]
                                                               693–1888. For electronic copies of this               manufacturing facilities. The usual
      [RIN No. 1218–AB51]                                      Federal Register document, as well as                 firefighting hazards encountered
                                                               news releases, fact sheets, and other                 include compressed gas cylinders,
      Fire Protection in Shipyard                              relevant documents, visit OSHA’s                      flammable liquid processes and storage,
      Employment                                               homepage at                      high-voltage electric switches and
      AGENCY:  Occupational Safety and Health                  SUPPLEMENTARY INFORMATION:                            transformers, and high-density
      Administration (OSHA), U.S.                                                                                    combustible materials storage.
                                                               Table of Contents                                     Structures at shipyards can range from
      Department of Labor.
                                                                  This Preamble to the final standard is             single-story office buildings to
      ACTION: Final rule.                                      organized into the following sections:                warehouses to massive fabrication
      SUMMARY: By this rule, OSHA                              I. Background                                         shops. Fires can also be encountered in
                                                               II. Pertinent Legal Authority                         tunnel sections, rail cars, vessel
      promulgates a fire protection standard
                                                               III. Summary and Explanation of the Final
      for shipyard employment. The proposed                          Standard
                                                                                                                     components, and similar units under
      rule was developed through a negotiated                  IV. Summary of the Final Economic and                 construction, repair, or demolition at
      rulemaking process. The final standard                         Regulatory Flexibility Analysis                 the shipyard site.
      provides increased protection for                        V. Regulatory Flexibility Certification                  However, firefighting on board vessels
      shipyard employment workers from the                     VI. Environmental Impact Assessment                   is considerably different from structural
      hazards of fire on vessels and vessel                    VII. Paperwork Reduction Act                          firefighting. When traditional structural
      sections and at land-side facilities. The                VIII. Unfunded Mandates                               firefighting techniques are used on a
                                                               IX. Federalism                                        vessel fire, the result can be ineffective
      standard reflects new technologies and                   X. State-Plan States
      current national consensus standards. It                                                                       and even catastrophic. The potential is
                                                               XI. Authority and Signature
      also gathers all fire-related safety                                                                           much greater for serious injury to
      practices for shipyard employment into                   I. Background                                         firefighting personnel when tactics do
      a single subpart, which will make them                                                                         not reflect the unique nature of
                                                               Fire Hazards in Shipyard Employment
      more accessible and understandable for                                                                         firefighting on vessels. Typically, in
                                                                  The purpose of this standard is to                 structural firefighting, immediate steps
      employers and employees.
                                                               increase the protection of shipyard                   are taken to open up the structure,
      DATES: The final rule becomes effective
                                                               employment workers from fire hazards.                 vertically and horizontally, to remove
      December 14, 2004. The incorporation                     Such workers are subject to a high risk               smoke and heat. Hose lines are then
      by reference of certain publications                     of injury and death from fires and                    used to attack the fire. When fighting a
      listed in this rule is approved by the                   explosions during ship repair,                        vessel fire, there may be little or no
      Director of the Federal Register as of                   shipbuilding, shipbreaking, and related               ability to ventilate the heat, smoke, and
      December 14, 2004. However, affected                     work activities as well as firefighting               gases produced by a fire. One of the first
      parties are not required to respond to                   activities. Many of the basic tasks                   steps that may be taken is to shut down
      the information collection (paperwork)                   involved in shipyard employment, such                 ventilation systems to close off the fire’s
      requirements until OMB approves those                    as welding, grinding, and cutting metal               progression and starve it of oxygen.
      requirements and OSHA announces that                     with torches, provide an ignition source              Hose lines are used to cool down
      approval in the Federal Register.                        for fires. There are also many                        surrounding metal decks and bulkheads.
      ADDRESSES: In accordance with 28                         combustible materials on vessels and in               For large or intense structural fires, a
      U.S.C. 2112(a), the Agency designates                    shipyards, including flammable fuels,                 defensive fire-fighting option is to
      the Associate Solicitor of Labor for                     cargo, wood structures, building                      ‘‘surround and drown.’’ This means that
      Occupational Safety and Health, Office                   materials, and litter. When cutting                   hose lines are positioned outside the
      of the Solicitor of Labor, Room S4004,                   torches are used in enclosed or confined              structure and voluminous amounts of
      U.S. Department of Labor, 200                            spaces, accidentally oxygen-enriched                  water are applied until the fire goes out.
      Constitution Avenue, NW., Washington,                    atmospheres can cause normally fire-                  Strategic options for vessel fires, on the
      DC 20210, to receive petitions for                       resistant materials to readily burn.                  other hand, are very limited and nearly
      review of the final rule.                                When fires do occur, employees are                    always require an aggressive interior
      FOR FURTHER INFORMATION CONTACT: For                     often working in confined or enclosed                 attack.
      general information and press inquiries,                 spaces that may make escape difficult or                 While larger shipyards may have their
      contact the OSHA Office of                               impossible. Fires in such confined or                 own fire responders, smaller shipyards
      Communications, Room N–3647,                             enclosed spaces can also result in                    use outside fire responders, typically
      Occupational Safety and Health                           atmospheres of combustible gases, toxic               the local fire department. These
      Administration, U.S. Department of                       fumes, or oxygen-depleted air.                        municipal or other fire departments may
      Labor, 200 Constitution Avenue, NW.,                        Shipyard employees are therefore at                have little experience in fighting fires in
      Washington, DC 20210; telephone: (202)                   risk from fires, explosions, toxic gases,             shipyards, especially on vessels. Proper
      693–1999. For technical information,                     and fumes that can result in burns,                   coordination, familiarization, and
      contact Jim Maddux, Director, Office of                  death, and asphyxiation from a lack of                training are necessary to ensure the
      Maritime Standards, N–3609,                              oxygen. Based on data collected by the                safety of outside firefighters who
      Occupational Safety and Health                           Bureau of Labor Statistics, for a                     respond to shipyard fires.
      Administration, U.S. Department of                       workforce totaling 97,822, there is an                   Fighting vessel fires may also be more
      Labor, 200 Constitution Avenue, NW.,                     annual average of one fatality, 110 lost-             complicated than traditional firefighting
      Washington, DC 20210; telephone: (202)                   workday ‘‘heat/burn’’ injuries, and more              because outside firefighters seldom have

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00002   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                       55669

      the opportunity to learn the layout of                      Fires in shipyards present serious                 and worksites that are unique to the
      the vessel. Vessels under construction                   hazards to those who work to control                  maritime industry. Employers, labor
      or modification may have constantly                      them. Fire response employees are                     representatives, and professional and
      changing structures. Firefighters                        exposed to dangers such as heat, flame,               trade associations have repeatedly asked
      operating on vessels under adverse                       smoke, explosion, structural collapse,                OSHA to allow all shipyard
      conditions caused by heat and smoke                      and hazardous materials. These hazards                employment to be covered by a single
      can easily become disoriented or                         can be found in shipbuilding, as well as              set of standards. They point out that the
      confused. Access to the vessel may be                    in shipbreaking and ship repair.                      work situations found within shipyard
      restricted by its location, such as within               Because firefighters must function on                 employment have more in common
      a dry dock, causing firefighters boarding                both land-side and on board vessels,                  with each other than with those in
      the ship to converge on one or two                       they need a single standard to cover                  general industry and that the hazards
      access locations. This can lead to                       both these situations. Likewise, other                and methods of controlling the hazards
      congestion of personnel and delay in                     shipyard employees can benefit from a                 are similar throughout the shipyard.
      locating and extinguishing the fire.                     single fire protection standard for all               Finally, they point out that work at
      Equipment, tools, and vessel                             aspects of shipyard employment by                     land-side facilities and aboard vessels is
      components and structures can also                       having fires extinguished more rapidly                located within the same general area
      restrict access. Staging platforms,                      and effectively.                                      and performed by the same workforce.
      scaffolding, rigging, cranes, and even                      OSHA’s general industry standards                  Fire protection services are usually
      mooring lines can hamper deploying                       for fire protection are in Subpart L, 29              provided by the same in-yard plant or
      hose lines and positioning firefighting                  CFR Part 1910.155 through 1910.165,                   out-of-yard fire crews to all areas of
      apparatus, again causing delays and                      but § 1910.155(b) exempts maritime                    shipyard employment. The Fire
      confusion. Even with unrestricted                        employments from coverage. Subpart L                  Protection in Shipyard Employment
      access to the vessel, deploying hose                     addresses fire prevention and                         Negotiated Rulemaking Advisory
      lines can be time consuming and labor                    firefighting methods typically used by                Committee concluded that when fire
      intensive. To attack a fire deep within                  general industry. OSHA compliance                     response crews find shipyards following
      a ship, firefighting hoses may have to be                policy, set out in OSHA Instruction CPL               a single fire protection standard on
      stretched hundreds of feet, a task that                  02–00–133, addresses typical land-side                vessels and land-side facilities, the
      requires time and many trained                           fire hazards in shipyards. Since the                  crews are more effective in their fire
      personnel.                                               Agency has no specific standards that                 response activities. OSHA agrees and
         Maintaining an adequate supply of air                 address the risks of fire on board vessels            has concluded that a single new
      is another tactical problem for                          and vessel sections (also referred to as              standard addressing fire hazards for all
                                                               just ‘‘vessels’’ hereafter), OSHA has                 shipyard employment, land-side and on
      firefighting operations on ships.
                                                               used the General Duty Clause Section                  board vessels, is reasonably necessary
      Firefighters are usually equipped with
                                                               5(a)(1) of the Occupational Safety and                and appropriate to protect shipyard
      self-contained breathing apparatus
                                                               Health Act (OSH Act or Act) to cite fire              employees.
      (SCBA) that optimally provide a 30-
                                                               safety hazards at land-side facilities at                The Agency has concluded that fire
      minute supply, after which the
                                                               shipyards and on board vessels and                    and firefighting activities in shipyard
      compressed air bottle has to be refilled
                                                               vessel sections. Because enforcement                  employment pose a significant risk to
      or replaced. Vessel firefighting
                                                               under the General Duty Clause requires                employees that can result in death,
      operations can last many hours so
                                                               OSHA to show, on a case by case basis,                burns and other serious fire-related
      firefighters have to be rotated frequently
                                                               the existence of a hazard, that the                   injuries. OSHA further concludes that
      to resupply their SCBA and counteract                    hazard is recognized, that the hazard is              the standard’s requirements relating to
      fatigue.                                                 causing or likely to cause serious                    fire hazards will help save lives and
         Vessel fires may also present a                       physical harm to employees, and that a                prevent injuries. The Agency has also
      problem firefighters do not often have to                feasible means exists to abate the                    concluded that the standard is
      think about—introducing a large                          hazard, employers have not been given                 technologically and economically
      amount of water into the vessel, so                      clear regulatory requirements to follow               feasible as well as cost-effective. It will
      much so that the vessel may become                       and enforcement has been difficult.                   substantially reduce the risk from fire
      unstable and possibly capsize or sink.                      The Agency has concluded that                      hazards by recognizing and, in some
      This potential problem may require                       codifying relevant issues for fire                    cases, requiring new fire protection
      consultation with experts, such as naval                 protection in shipyards into a single                 technologies.
      architects or U.S. Coast Guard                           subpart in 29 CFR Part 1915 will
      engineers, to assure vessel stability.                   substantially clarify an employer’s                   Advisory Committees and Procedural
         Radio communication is another                        responsibilities in protecting shipyard               History
      complicating factor common to fighting                   employees from fire hazards. The                        OSHA relied on the involvement of
      vessel fires. Steel bulkheads and                        Agency believes that this in turn will                several advisory committees to develop
      compartments in ships block or limit                     lead to better protection for these                   this shipyard fire protection standard.
      radio signal transmissions. To                           employees.                                            The committees are the Shipyard
      compensate, firefighters have to relay                      Simply extending the application of                Employment Standards Advisory
      messages from within the ship by                         the current general industry standards                Committee (SESAC), the predecessor of
      stationing personnel with radios close                   to shipyards would not be appropriate.                the Maritime Advisory Committee on
      enough to allow transmissions. Other                     First, most of the provisions in the                  Occupational Safety and Health
      alternatives include using runners or                    general industry standards have been in               (MACOSH), which, after reviewing
      deploying hard-wire communications                       effect since 1980. They would need                    pertinent federal regulations and
      systems. All possible solutions to this                  revision to take into account                         guidelines issued by professional
      problem involve additional personnel                     technological advances that could                     associations, drafted a shipyard
      and delays in establishing command                       improve fire protection in shipyard                   employment fire protection standard
      and control, which may increase the                      employment. Secondly, shipyard                        (SESAC, Ex. 9); MACOSH, which urged
      potential for mishaps.                                   employment encompasses many tasks                     OSHA to proceed with a fire protection

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00003   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55670           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      standard in 1995; and the Fire                           fact that day-to-day shipyard operations              requiring employers to comply with
      Protection in Shipyard Employment                        differ considerably from general                      OSHA standards).
      Negotiated Rulemaking Advisory                           industry and that an industry specific                   A safety or health standard is a
      Committee (hereafter referred to as ‘‘the                guideline is needed to address shipyard               standard ‘‘which requires conditions, or
      Committee’’), formed in 1996 under the                   fire hazards’’ (Exs. 21–5; 21–6; 21–7;                the adoption or use of one or more
      Federal Advisory Committee Act and                       21–13). In addition, these commenters                 practices, means, methods, operations,
      the Negotiated Rulemaking Act (61 FR                     stated ‘‘[t]hat the Negotiated                        or processes, reasonably necessary or
      28824).                                                  Rulemaking Committee (Neg Reg)                        appropriate to provide safe or healthful
         The members of the Committee were:                    process that was used to draft the                    employment or places of employment.’’
      Chris Myskowski, U.S. Coast Guard;                       Shipyard Fire Protection NPRM was                     29 U.S.C. 652(8).
      Paul Jensen, National Institute for                      overall beneficial’’ (Exs. 21–4; 21–5; 21–               A standard is reasonably necessary or
      Occupational Safety and Health                           6; 21–7; 21–13). SCA, Detyens                         appropriate within the meaning of
      (NIOSH); Joseph V. Daddura, Office of                    Shipyards, and Gladding-Hearn went                    section 652(8) if it substantially reduces
      Maritime Standards, OSHA; G. F.                          further to state that they ‘‘[R]ecommend              or eliminates significant risk; is
      Hurley, Norfolk Naval Shipyard;                          using the Neg Reg for industry-specific               economically feasible; technologically
      Richard Duffy, International Association                 issues that may develop in the future.’’              feasible; cost effective; is consistent
      of Firefighters (AFL–CIO, CLC); E.P.                     (Exs. 21–5; 21–7; 21–13). Trinity                     with prior Agency action or is a justified
      Kaiser, South Tidewater Association of                   Industries also stated that it was                    departure; is supported by substantial
      Ship Repairs, Inc.; Guy Colonna,                         ‘‘[p]leased with the Shipyard Fire                    evidence; and is better able to effectuate
      National Fire Protection Association                     Protection NPRM’’ (Ex. 21–4). Puget                   the Act’s purposes than any national
      (NFPA); Russ Sill, Portland Fire Bureau;                 Sound Shipbuilders Association stated:                consensus standard it supersedes. See
      Alton Glass, United Steel Workers of                                                                           58 FR 16612–16616 (March 30, 1993).
                                                                  With a few exceptions, I find this                    A standard is technologically feasible
      America (AFL–CIO, CLC), who was later
                                                               document follows what the Seattle Fire
      replaced by John Molovich; George                                                                              if the protective measures it requires
                                                               Department Administrative Regulation 49.1
      Broussard, Bollinger’s Shipbuilding and                  mandates for hotwork in shipyard, boatyard,           already exist, can be brought into
      Ship Repair, who was later replaced by                   and water front operations. The Seattle Fire          existence with available technology, or
      Mark Duley, Walker Boat Yard, Inc.;                      Department regulation has made a major and            can be created with technology that can
      Glenn Harris, Ingalls Shipbuilding;                      positive impact on the overall safety of hot-         reasonably be expected to be developed.
      Donald Mozick, Atlantic Marine, who                      work operations within their areas of                 American Textile Mfrs. Institute v.
      was later replaced by Terry Guidry,                      responsibility’’. Areas of Incident Command,          OSHA 452 U.S. 490, 513 (1981)
      Bollinger’s Shipbuilding and Ship                        interagency training and communication are            (‘‘ATMI’’), American Iron and Steel
      Repair; Michael Buchet, United                           key elements to successfully resolve issues           Institute v. OSHA, 939 F.2d 975, 980
                                                               prior to an emergency at a facility. These
      Brotherhood of Carpenters and Joiners                                                                          (D.C. Cir 1991) (‘‘AISI’’).
                                                               issues may be new to some facilities and I
      of America, who was later replaced by                    would encourage those who need assistance
                                                                                                                        A standard is economically feasible if
      Joseph Durst; Jim Paulson, National                      to contact the local Fire or Emergency                industry can absorb or pass on the cost
      Steel & Shipbuilding Co.; and Peter                      Services Department. Many of these agencies           of compliance without threatening its
      Schmidt, Office of Specialty                             will provide training at little or no expense.        long term profitability or competitive
      Compliance Programs, Washington State                    We in Puget Sound Shipyard are fortunate to           structure. See ATMI, 452 U.S. at 530
      Department of Labor and Industry. The                    have Safety Staff experienced in these                n.55; AISI, 939 F.2d at 980. A standard
      Agency wishes to thank all of the                        elements and conduct annual training with             is cost effective if the protective
      Committee members for their time,                        the Seattle Fire Department. Areas of                 measures it requires are the least costly
      effort, and patience in helping to                       Confined Space Rescue, Pre-fire tours/                of the available alternatives that achieve
                                                               planning, as well as the annual facility
      develop the draft proposed standard.                                                                           the same level of protection. ATMI, 453
                                                               inspection enhance our report with the fire
         The Committee met nine times                                                                                U.S. at 514 n.32; International Union,
                                                               department. Complying with the PPE
      between October 1996 and February                        requirements should be of no strain to any            UAW v. OSHA, 37 F.3d 665, 668 (D.C.
      2002 (Ex. 5). At its final meeting, the                  maritime industry. Respirator fit testing and         Cir. 1994) (‘‘LOTO II’’).
      Committee unanimously approved a                         such is an ongoing event. Those facilities that          Section 6(b)(7) authorizes OSHA to
      recommended standard for fire                            have an ‘‘in house’’ Fire Department or Fire          include among a standard’s
      protection in shipyards. With minor                      Brigade should already be complying with              requirements labeling, monitoring,
      editorial revisions, the Agency                          the current OSHA regulations as well as               medical testing and other information
      published the recommendations as a                       NFPA recommendations (Ex. 21–2).                      gathering and transmittal provisions. 29
      proposed standard on December 11,                        II. Pertinent Legal Authority                         U.S.C. 655(b)(7).
      2002 (67 FR 76213). A comment period                                                                              All standards must be highly
      to the proposed rule of 90 days ended                      The purpose of the OSH Act, 29                      protective. See 58 FR 16614–16615;
      on March 11, 2003. OSHA received 31                      U.S.C. 651 et seq., is to ‘‘assure so far             LOTO II, 37 F.3d at 668. Finally,
      comments. The final standard continues                   as possible every working man and                     whenever practical, standards shall ‘‘be
      to reflect most of the Committee’s                       woman in the nation safe and healthful                expressed in terms of objective criteria
      recommendations, with minor                              working conditions and to preserve our                and of the performance desired.’’ 29
      modifications made in response to the                    human resources’’ (29 U.S.C. 651(b)). To              U.S.C. 655(b)(5).
      comments received from the public. The                   achieve this goal, Congress authorized
      comments and modifications are                           the Secretary of Labor to issue and                   III. Summary and Explanation of the
      discussed in the Summary and                             enforce occupational safety and health                Final Standard
      Explanation of the final standard below.                 standards. (See 29 U.S.C. 655(a)                         The comments OSHA received on the
         Some commenters expressed support                     authorizing summary adoption of                       proposed standard supported the
      for the proposed standard. Shipbuilders                  existing consensus and federal                        Committee’s general approach to the
      Council of America (SCA), Southwest                      standards within two years of the Act’s               issues, as well as the need for the
      Shipyard, Detyens Shipyards, Inc., and                   enactment, 655(b) authorizing                         standard. There were suggestions
      Gladding-Hearn Shipbuilding                              promulgation of standards pursuant to                 related to specific provisions, and these
      commended ‘‘OSHA for recognizing the                     notice and comment, and 654(b)                        are addressed below in the discussion of

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00004   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                           55671

      each section. OSHA has revised the                       but they are not incorporated by                         and § 1915.507, Land-side Fire
      proposed regulatory text where                           reference. Reliance on national                          Protection systems.
      appropriate in response to comments,                     consensus standards such as those                           In the proposed rule, there were
      and has also made minor editorial                        referenced in Subpart P is a                             several incorrect references to NFPA
      revisions to better clarify the final                    longstanding U.S. government policy.
                                                                                                                        standards that OSHA has identified and
      regulatory text.                                         The U.S. Office of Management and
                                                                                                                        corrected in this final rule. These errors
         In this rule, OSHA is incorporating by                Budget, in Circular A–119, directs
      reference 19 National Fire Protection                    federal agencies to use voluntary                        were minor and the correct referenced
      Association (NFPA) consensus                             consensus standards in lieu of                           versions of the NFPA standards can be
      standards. In keeping with past practice,                government-unique standards except                       found in OSHA docket S–051. The
      the consensus standards are listed in                    where inconsistent with law or                           following table lists the NFPA standards
      § 1915.5, Incorporation by Reference                     otherwise impractical. The majority of                   incorrectly cited in the proposal along
      (IBR). There are ten additional NFPA                     these consensus standards are                            with the correct citation used in the
      standards referenced in the preamble,                    referenced in § 1915.505, Fire Response,                 final rule:

                               Incorrect citations                                                      Correct citations                      NPRM page location

      NFPA 10–2002 Standard for Portable Fire Extinguishers ....                NFPA 10–1998 Standard for Portable Fire Extinguishers ..      76250 (2 locations).
      NFPA 11–2000 Standard for Low-Expansion Foam ............                 NFPA 11–1998 Standard for Low-Expansion Foam ...........      76236, 76250.
      NFPA 15–2002 Standard for Water Spray Fixed Systems                       NFPA 15–2001 Standard for Water Spray Fixed Systems           76236.
       for Fire Protection (Ex. 20–19).                                          for Fire Protection (Ex. 19–19).
      NFPA 17–1998 Standard for Dry Chemical Extinguishing                      NFPA 17–2002 Standard for Dry Chemical Extinguishing          76237, 76250.
       Systems (Ex. 19–20).                                                      Systems (Ex. 19–20).

         In the NPRM, OSHA proposed to                         Scope                                                    railroad cars, bridges, tunnel sections,
      delete section 1915.52, Fire prevention,                                                                          smoke stacks, and boilers.
                                                                  Paragraph (b) of § 1915.501 describes                    Shipyard employment also includes
      which is located in Subpart D Welding,
                                                               the scope of the final standard, which is                support operations necessary for vessel
      Cutting and Heating, because it is
                                                               all shipyard employment work,                            construction and repair. Such support
      superceded by the comprehensive fire
                                                               including work on vessels and vessel                     operations include metal fabrication,
      protection requirements in the new
                                                               sections and at land-side operations,                    machine shops, electrical shops, and
      Subpart P. Section 1915.52 included the
                                                               regardless of geographic location. The                   paint shops, which are facilities
      fire prevention standards for welding
                                                               final requirement is nearly identical to                 typically found within a shipyard. Many
      and burning in shipyard employment,
                                                               the proposed requirement. The only                       vessel sections and vessel components
      and was the basis for many of the
                                                               change is to replace ‘‘and/or’’ with                     are built in these shops more easily than
      requirements now found in Subpart P,
                                                               ‘‘and.’’ The scope of this subpart is                    they can be built on board a vessel. The
      Section 1915.503—Precautions for hot
                                                               consistent with that in Subpart B,                       materials are the same and often the
      work. No comments were received and
                                                               Confined and Enclosed Spaces and                         hazards encountered are similar to
      OSHA is therefore deleting this section
                                                               Other Dangerous Atmospheres in                           fabrication on a vessel.
      as proposed. Section 1915.52 will be
                                                               Shipyard Employment, and Subpart I,                         OSHA has included the phrase
      listed as ‘‘reserved’’ to avoid any need
                                                               Personal Protective Equipment for                        ‘‘regardless of geographic location’’ in
      to renumber subsequent sections, and it
                                                               Shipyard Employment. It is also                          the scope so that protection is afforded
      will be available for future use, if
                                                               consistent with OSHA’s previous policy                   to employees wherever they engage in
                                                               concerning the scope of the Part 1915                    shipyard employment: on vessels, on
         OSHA also proposed to delete                          standards.
      paragraphs (d), (f), and (g) of § 1915.55,                                                                        vessel sections, at land-side facilities, or
                                                                  The scope of this standard includes                   at any other location where they
      Gas welding and heating, in the NPRM.
                                                               all fire response provided by the                        perform shipyard employment. This has
      These paragraphs included provisions
                                                               employers’ workers, whether they are                     been the Agency’s long-standing policy
      for the ‘‘Use of fuel gas,’’ ‘‘Hose,’’ and
                                                               part of a fire brigade, shipyard fire                    on shipyard employment, and is the
      ‘‘Torches,’’ respectively. After re-
                                                               department, or simply designated by the                  scope of both Subparts B and I.
      examining this proposed deletion,
                                                               employer. Shipyard employment                               Shipyard employment also occurs on
      OSHA has found it is necessary to retain
                                                               includes shipbuilding, ship conversion,                  vessels and vessel sections within the
      these paragraphs. Without them, the
                                                               ship repairing, shipbreaking, and related                navigable waters of the United States,
      final standard would not address
                                                               employments. It also includes                            and includes work on a vessel or part
      potentially hazardous situations. Thus,
                                                               operations performed during the final                    of a vessel that is being constructed,
      to ensure the continued protection of
                                                               outfitting of vessels under construction                 repaired, or broken up, or whether it is
      workers while welding, cutting, and
                                                               or repair. Examples of such operations                   in the shipyard or dockside, at anchor,
      heating, OSHA will not delete the
                                                               include technical support from the                       or underway for testing. The
                                                               providers of shipboard electronic                        requirements in this subpart will apply
      Section 1915.501          General Provisions             equipment as well as suppliers of                        to all vessels within OSHA’s
                                                               internal furnishings.                                    jurisdictional boundaries.
                                                                  The scope of the standard has broad                      Several commenters recommended a
         In § 1915.501(a), OSHA states the                     coverage because shipyard employers                      revision of paragraph (b) (Exs. 21–10;
      purpose of the standard is to require                    are increasingly engaged in non-                         21–15; 21–16; 22–1; 22–2; 22–3; 22–4;
      employers to protect all employees from                  traditional shipyard employment such                     22–5; 22–6; 22–7; 22–8; 22–9; 22–10;
      fire hazards in shipyard employment,                     as steel fabrication of products not                     22–11; 22–13). They suggested that the
      including employees engaged in fire                      directly related to ships. This could                    phrase ‘‘or on land-side operations
      response activities.                                     include work such as construction of                     regardless of geographic location’’ be

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00005    Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55672           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      replaced with ‘‘or at facilities where                   stewards or safety committee members to               workers. For these reasons,
      vessels or vessel sections are located.’’                represent the labor force. In either case             communication and coordination
      The commenters were concerned about                      employee input is obtained.                           among employers are essential.
                                                               Recommendation: Make this an ‘‘and/or’’                  Failure to communicate about hazards
      the application of the standard to off-
                                                               situation. ‘‘The employer must provide ways
      site suppliers and contractors, such as a                for the employees and/or employee
                                                                                                                     between employers can be tragic. For
      metal shop not engaged in shipyard                       representatives * * *’’ (Exs. 21–3; 21–10;            example, the 1989 explosion at a
      employment that supplies duct work to                    21–15; 21–16; 22–1; 22–6; 22–7; 22–8; 22–9;           Phillips 66 chemical complex in
      a shipyard. The commenters did not                       22–10; 22–11; 22–14).                                 Houston, which killed 23 people and
      think it would be appropriate for                                                                              injured more than 100 workers, resulted
                                                               Naval Sea Systems Command
      Subpart P to apply to such                                                                                     largely from the failure to coordinate
                                                               (NAVSEA) commented that
      establishments that only supply                                                                                safety and health activities on a multi-
      materials or subcomponents to be                            The size of the organization/facility may          employer worksite. Such tragic events
      installed on a vessel or used in a                       limit its ability to include employees and            and the increased reliance on
                                                               employee representatives in the development           contractors throughout the shipyard
                                                               of programs and policies. Employee
         OSHA has carried forward the                                                                                industry have led OSHA to conclude
                                                               representatives and/or safety boards/
      proposed scope language in the final                     committees will be more likely to participate         that responsibility for fire safety must be
      rule. However, in order to address the                   in the development process, and solicit input         specifically assigned to all employers,
      concerns raised, the Agency wants to                     from their respective constituents (Ex. 22–           who must then be held accountable for
      clarify the degree to which it intends to                15).                                                  discharging those responsibilities. In the
      regulate contract employers at                              The comments raised the issue that it              shipyard industry, it is common
      shipyards. Contractors who engage in                     may not be practical for both employees               practice to hire contractors for non-
      work outside of shipyards do not have                    and their representative to participate.              routine or specialized work situations.
      to follow Subpart P within their own                     The Committee and OSHA viewed the                     For example, painting, joining,
      facilities. For example, Subpart P would                 employee involvement requirement as                   carpentry, and scaffolding contractors
      not cover the metal shop described                       crucial. However, the Agency agrees                   are routinely used in shipyard
      above. However, when the metal shop                      with these commenters that the                        employment.
      employees are engaged in shipyard                        participation of either employees or                     In the final standard, OSHA has
      activities within the shipyard, they must                employee representatives in the                       retained in paragraph (d)(1)(i) and (ii)
      comply with Subpart P. The scope of                      development or review of programs or                  the proposed provisions that host
      Subpart P does not include shore side                    policies is sufficient. Examples of                   employers must inform all employers at
      support services, such as those provided                 employee representatives include                      the work site about the contents of the
      by vending equipment and mail                            employee safety boards and committees                 host’s fire safety plan, including
      delivery companies.                                      or labor union stewards. The Agency                   hazards, controls, and emergency
         The scope of the final rule includes                                                                        procedures, and assign any appropriate
                                                               has altered the final language will read
      all employees doing shipyard-related                                                                           responsibilities for fire safety to other
                                                               ‘‘employees, employee representatives,
      work wherever that work takes place.                                                                           employers.
                                                               or both to participate’’ to allow for
      For instance, whether the work is in the                                                                          OSHA specifically requested input
                                                               employees, their representatives, or both
      employers’ shipyard, on a ship at                                                                              from the public on the use of the terms
                                                               to participate in developing and
      anchor, or at a ship at a dock several                                                                         ‘‘host employer’’ and ‘‘contract
                                                               periodically reviewing programs and
      miles away, it is considered shipyard                                                                          employer’’ and whether it is clear which
      employment. When subcontractors                                                                                employer is responsible under the
      perform work in a shipyard, they must                    Multi-Employer Worksites                              provisions, and whether there is another
      follow the standards of 29 CFR Part                         Paragraph (d) of § 1915.501 sets                   way to define or clarify which employer
      1915.                                                    minimum requirements for exchanging                   is responsible for implementing the
      Employee Involvement                                     information and coordinating                          requirements. Northrop Grumman/
                                                               responsibilities for fire protection                  Newport News Shipyard (NGNN)
         In § 1915.501(c), OSHA requires                                                                             submitted the only comment on this
      employee participation in shipyard                       among host and contract employers.
                                                               These requirements are fundamental to                 issue:
      safety and health program activities.
      OSHA requires the employer to provide                    any effective fire safety program on a                   The rule should be clarified to reflect the
                                                               multi-employer worksite. A multi-                     fact that there is typically more than one host
      for the participation of employees and                                                                         employer at a shipyard work site or on board
      employee representatives in the                          employer workplace is defined for the
                                                               purposes of this rule as a workplace                  a vessel. For example, a ship owner may
      development and review of programs                                                                             conduct work on its own vessel, or hire other
      and policies adopted to comply with                      where there is a host employer and at
                                                                                                                     contractors that are not under contract to or
      this standard. The Committee also                        least one contract employer.                          supervised by the shipyard where the vessel
                                                                  The multi-employer requirements are                is temporarily located. Additionally, each
      recommended that such employee
                                                               necessary because the existence of                    ‘‘host employer’’ will have its own
      participation and involvement be
                                                               additional employers and their                        subcontractors and its specific work for the
      included in the standard.
         Several commenters suggested that                     employees at a workplace makes                        safety of which it should be responsible. The
                                                               addressing safety and health conditions               various host employers should be able to
      OSHA replace the word ‘‘and’’ with                                                                             allocate among themselves in manners
      ‘‘and/or’’ in § 1915.501(c).                             at the workplace more complex. For
                                                               example, at a multi-employer worksite,                suitable to the individual circumstances (Ex.
         In large companies it may not be feasible             one employer may introduce hazards                    21–8).
      to include employees as well as employee                 into the workplace about which                           It was the clear intent of the proposal
      representatives in the development of
      programs and policies. It is more likely that
                                                               employees of other employers are                      that a single shipyard employer have
      the employee representatives will participate            unaware. All employers need                           responsibility for acquainting every
      in the development process and solicit input             information about relevant hazards                    employer on site of the contents of the
      from their respective constituents. A large              present at the worksite to enable them                fire safety plan and emergency
      company may depend on labor union                        to fulfill their obligations to protect               procedures. However, OSHA agrees

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00006   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                       55673

      with Newport News Shipyard that there                    provision, § 1915.501(d)(1)(iii), to                  response organizations. Updating the
      may be circumstances where a vessel                      ensure that when there is more than one               plan to reflect changing fire control
      owner may also be a host employer.                       host employer, each host employer must                technology or changing the plan to
      Therefore, OSHA is adding a new                          communicate to other host employers                   reflect different fire hazards in different
      provision, paragraph (d)(1)(iii), which                  relevant information about fire-related               work situations is readily accomplished
      also has a clarifying sentence to ensure                 hazards. In addition, OSHA is adding a                with a written plan.
      that all employers are communicating                     clarifying sentence as follows: ‘‘When a                 In § 1915.502(a), OSHA refers readers
      and following their fire safety plans (see               vessel owner or operator (temporarily)                to an outline for a model fire safety
      discussion below).                                       becomes a host shipyard employer, by                  plan, Appendix A, a non-mandatory
         The definition of ‘‘host employer’’ in                directing the work of ships’ crews on                 appendix to this subpart. The purpose
      § 1915.509 Definitions is an employer                    repair or modification of the vessel or               of Appendix A is to give guidance to
      who is in charge of coordinating work                    hiring other contractors directly, the                any employers who may not have the
      or who hires other employers to perform                  vessel owner or operator must also                    expertise available to develop their own
      work at a multi-employer workplace.                      comply with these provisions for host                 plan. If an employer chooses to use the
      The definition of ‘‘contract employer’’ is               employers.’’                                          model plan for a specific worksite, the
      an employer who performs work under                        Paragraph (d)(2) of § 1915.501 states               employer meets the minimum
      contract to a host employer or to another                the responsibilities for contract                     requirements of this section, provided
      employer under contract to the host                      employers. The contract employer must                 the employer’s plan correctly follows
      employer at the worksite. This                           inform the host employer of any fire                  the model outline and appropriately
      definition specifically excludes                         hazards that could be created by the                  addresses the particular conditions at
      employers who provide incidental                         work being performed by its employees,                the employer’s specific worksite.
      services that do not influence shipyard                  and what steps the contract employer                     Several comments were received
      employment (such as mail delivery or                     must take to address those hazards. In                regarding § 1915.502(a) (Exs. 21–4; 21–
      office supply services).                                 addition, OSHA requires that any                      5; 21–6; 21–7; 21–13; 22–2). They
         The responsibilities of host employers                hazards that were not previously                      questioned whether an employer that
      are established in § 1915.501(d)(1). In                  identified by the host employer, but                  already has an integrated emergency
      paragraph (d)(1)(i), OSHA requires the                   were identified by the contract                       action plan has to also have a separate
      host employers to ensure that                            employer, must be shared with the host                fire safety plan. And if so, they wanted
      information about fire hazards, controls,                employer. No comments were received                   to know if the ‘‘fire safety plan’’ is
      safety and health rules, and emergency                   on paragraph (d)(2) and OSHA has                      meant to supersede all provisions under
      procedures is given to all contract                      carried it forward in the final standard.             §§ 1910.38 and 1910.39 (Emergency
      employers. The information includes                                                                            Action Plans and Fire Prevention Plans).
      whatever a contract employer must have                   Section 1915.502 Fire Safety Plan                     Atlantic Marine recommended that a
      to carry out its own duties as an                           The final standard includes                        provision be added which would accept
      employer under this rule.                                requirements for an overall program that              an existing emergency action plan in
         OSHA is requiring in paragraph                        would establish the location, type, and               place of a fire safety plan if it already
      (d)(1)(ii) that the host employer make                   capacity of firefighting equipment such               met the requirements of both § 1910.38
      sure that fire protection responsibilities               as extinguishers, fire hose and stand                 and § 1915.502(a) (Ex. 21–17–1–1).
      are specifically assigned to the various                 pipes, smoke detectors, automatic                        OSHA notes that while the Agency
      employers and contractors working at a                   sprinklers, and other fixed firefighting              was developing the Part 1915 subpart F
      multi-employer worksite. Some of these                   systems in accordance with applicable                 standard, OSHA also revised Part 1910,
      responsibilities include fire hazard                     fire codes. The plan must provide for                 Subpart E, Exit Routes, Emergency
      abatement, informing employees of fire                   the routine inspection, maintenance,                  Action Plans, and Fire Prevention Plans
      hazards before exposure, and stopping                    and replacement of this equipment and                 (67 FR 67949–67965 (11/07/2002)),
      work because of an imminent danger                       mandate training for new workers and                  which apply to general industry
      situation. The host employer must, in                    refresher training for all shipyard                   workplaces as well as shipyard
      conjunction with the contract                            employment workers. The plan must                     employers. In the Part 1910 Subpart E
      employers, decide who is to train                        include procedures for the control of                 rulemaking, OSHA revised the previous
      employees and control which hazards.                     fire hazards, such as flammable and                   requirements for exit routes using
         Contract employers must know (from                    non-flammable compressed gases,                       clearer language so they are easier to
      the host employer) about other hazards                   ignition sources, combustible materials,              understand by employers, employees,
      related to fire which their employees                    and welding and hot work operations,                  and others who use them. In addition,
      might encounter at the workplace. Such                   and must include procedures for                       these revisions reorganized the text,
      knowledge allows contract employers to                   evacuation.                                           removed inconsistencies among
      plan effectively, safely carry out their                                                                       sections, and eliminated duplicative
      work, and understand procedures, such                    Employer Responsibilities                             requirements.
      as what to do when a fire alarm is                         In § 1915.502(a), OSHA is requiring                    The employee emergency plans and
      sounded to evacuate a vessel. Contract                   the employer to develop and implement                 fire prevention plans that are covered by
      employers also need to inform                            a written fire safety plan that covers all            §§ 1910.38 and .39 are similar to the fire
      employees of the fire hazards to which                   the actions that employers and                        safety plans required by § 1915.502.
      they are exposed at that worksite, the                   employees must take to ensure                         However, there are a few key
      controls in place to reduce or eliminate                 employee safety in the event of a fire.               differences. Section 1910.38 requires the
      those fire hazards, the safety and health                A written plan enables employers and                  employer to plan for all emergencies,
      procedures to be followed, and the steps                 employees to see how the employer                     not just fire emergencies. Therefore, the
      to be taken in a fire emergency. This                    intends to protect workers; enables                   § 1915.502 fire safety plan provisions do
      information lessens the likelihood that                  employers to readily exchange                         not adequately replace the § 1910.38
      accidents will occur.                                    information; provides continuity of                   requirements and shipyard employers
         To further clarify the roles of the host              procedures; and provides a practical                  will still be required to comply with
      employer, the Agency has added a new                     means of communication to fire                        § 1910.38. For § 1910.39 Fire protection

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00007   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55674           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      plans, OSHA has determined that                          accessible for review by employees,                   plan when necessary but at least
      paragraphs (a), (b), and (d) are covered                 their representatives, and OSHA; review               annually. Should the process, system,
      by § 1915.502, and shipyard employers                    and update the plan whenever                          and technology remain the same after
      are no longer required to comply with                    necessary but at least annually;                      one year, no update is needed. However,
      these provisions of § 1910.39. However,                  document that affected employees have                 the employer must review the plan to
      paragraph § 1910.39(c) contains                          been informed of the plan; and give a                 ensure that no changes are needed.
      provisions requiring employers to                        copy of the plan to any outside fire                  OSHA believes that the meaning of
      identify and control certain fire hazards.               response organization that the employer               ‘‘update the plan’’ in § 1915.502(d)(2) is
      These provisions are not adequately                      expects may respond to fires at a                     clear and this provision has been
      addressed by § 1915.502, so OSHA has                     worksite.                                             included in the final standard.
      determined that shipyard employers                         NAVSEA commented on this                               In § 1915.502(d)(3) of the proposed
      will continue to be required to comply                   paragraph:                                            rule, OSHA proposed that employers
      with the § 1910.39(c) provisions.                           The standard requiring a ‘‘readily                 certify in writing that each employee
        The Agency understands that                            accessible’’ ‘‘updated’’ fire safety plan is          has been informed about the plan.
      shipyard employers who are currently                     vague. For example, will maintenance of               Numerous commenters replied that this
      complying with §§ 1910.38 and 1910.39                    training records suffice as a fire safety plan?       paragraph was not justified. In addition,
      will now also be required to comply                      Recommend revising the standard to better             they believed that adding a certification
      with the additional requirements of                      define the requirements of the fire safety
                                                               plan. (Ex. 22–15).
                                                                                                                     requirement adds no substantive
      § 1915.502. However, there is no need to                                                                       protection for employees and is
      produce three separate plans, unless the                    The Agency has used the terms                      inconsistent with the recommendation
      employer wishes to do so. OSHA does                      ‘‘readily accessible’’ and ‘‘updated’’ in             of the Committee, which specifically
      not require employers to have separate                   numerous OSHA standards. Definitions                  approved a ‘‘recordkeeping’’ mechanism
      plans as long as the unified plan covers                 of ‘‘readily accessible’’ include that in             for ensuring compliance (Exs. 21–10;
      the applicable general industry                          § 1910.1200(f)(8) (‘‘as long as no barriers           21–15; 21–16; 22–1; 22–6; 22–7; 22–8;
      employee emergency plan and fire                         to immediate employee access exist’’)                 22–9; 22–10; 22–11). Bath Iron Works
      prevention plan provisions, as well as                   and § 1910.399 (‘‘Capable of being                    stated that: ‘‘The request for a company
      the shipyard employment fire safety                      reached quickly for operation, renewal,               to ‘certify in writing * * *’ is unclear.
      plan. OSHA will accept one unified                       or inspections, without requiring those               Is the standard calling for a record to be
      plan that meets all of the requirements                  to whom ready access is requisite to                  maintained and does an electronic data
      in §§ 1910.38, 1910.39, and 1915.502.                    climb over or remove obstacles or to                  base of training records meet the intent
                                                               resort to portable ladders, chairs, etc.’’).          of the standards?’’ (Ex. 21–3). All of
      Plan Elements                                            Employees must be able to access the                  these commenters recommended
        In § 1915.502(b), OSHA sets forth the                  fire safety plan at any time during the               revising this paragraph and using terms
      elements that the employer must                          work shift. The plan may be in a                      such as ‘‘maintain records,’’ ‘‘maintain
      include in the fire safety plan. These are               notebook, on a computer, or in any                    training documentation,’’ or ‘‘document
      the identification of significant fire                   other appropriate format. The employer                training records.’’
      hazards; procedures for recognizing and                  may have one or more locations for all                   Additionally, NGNN stated that:
      reporting unsafe conditions; alarm                       safety plans and related information.
      procedures; procedures for notifying                     Employees must know where to go to                       We do not believe that electronic media or
                                                               access this information and must be able              other equally effective means should be
      employees of a fire emergency;                                                                                 excluded as methods that an employer may
      procedures for notifying fire response                   to obtain the information in a timely                 use to demonstrate to OSHA that all affected
      organizations of a fire emergency;                       manner. The Agency believes that the                  employees are informed or trained on the fire
      procedures for evacuation; procedures                    term ‘‘readily accessible’’ both in its               safety plan. It is impractical for the employer
      to account for all employees after an                    plain meaning and other applications in               to be continually issuing a new
      evacuation; and the names, job titles,                   OSHA regulations is sufficiently clear                ‘‘certification’’ each time an employee is
      and departments for individuals who                      that no additional definition in                      hired. Training records or other means may
      can be contacted for further information                 § 1915.509 is necessary.                              be used more efficiently and without creating
      about the plan.                                             Updating the plan when necessary                   a redundant need for a separate
                                                               would include when there is a change                  ‘‘certification.’’ OSHA should not dictate the
      Reviewing the Plan With Employees                        in the system, the process, or in                     method but rather make it incumbent upon
                                                               technology. This ensures that the fire                the employer to demonstrate that employees
         In § 1915.502(c), OSHA requires the                                                                         have been informed of the plan. (Ex. 21–8).
      employer to review the fire safety plan                  safety plan will be effective for the work
      with each employee within 90 days of                     that is being performed at any given                     It recommended that the paragraph
      the effective date of this standard for                  facility at any given time. OSHA                      read: ‘‘[A]ssure that each affected
      employees who are currently working. It                  understands that a shipyard may be                    employee has been informed about the
      also requires employers to review the                    working on several types of vessels                   plan as required by paragraph (c) of this
      fire safety plan with new employees                      during a year, and that each vessel may               section; and * * *.’’ (Id.)
      upon initial assignment and whenever                     involve different hazards. The plan may                  OSHA’s intent was to require the
      the actions the employee must take                       need to be updated to cover those                     employer to certify that its employees
      under the plan change because of a                       changes as well. For instance, if a                   have been informed, not to require a
      change in duties or a change in the plan.                shipyard only repairs barges, employees               new certification for each employee.
      Employees include those employees                        should be aware of the hazards                        However, OSHA agrees with the
      who perform hot work and fire watches,                   associated with that particular vessel.               commenters that the proposed language
      fire responders, and all other employees                 However, if a ferry is in the shipyard for            was unclear, and has changed the
      who are in the shipyard.                                 modifications or repair, the elements of              language to require that the employer:
                                                               the fire safety plan may need revision to             ‘‘[D]ocument that affected employees
      Additional Employer Requirements                         address the different fire hazards                    have been informed * * *.’’ Many
        In § 1915.502(d), OSHA requires the                    associated with such a vessel. The                    employers have developed databases
      employer to keep the plan readily                        employer must review and update the                   that track the training that each

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00008   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                       55675

      employee has completed. This form of                     communicating about developing                        Shipyard Employment. Subpart B
      documentation is acceptable, as is any                   hazards and responding to emergencies                 already covers the hazards of
      other effective method of documenting                    in a safe manner require all employers                performing hot work in these areas.
      that all affected employees have                         on the site to follow the host employer’s             Addressing them again in Subpart P
      received the training.                                   fire safety plan.                                     would be duplicative and unnecessary.
        In paragraph (d)(4), OSHA requires                                                                              Paragraph (a)(1) allows the employer
      that the employer provide a copy of the                  Section 1915.503 Precautions for Hot                  to designate certain areas for hot work.
      plan to any outside fire response                        Work                                                  In designating such areas, the employer
      organization that the employer expects                      The purpose of this section is to                  must determine through an inspection,
      to respond to fires at its worksite. No                  reduce the potential of fire hazards and              that they are free from fire hazards.
      comments were received on this                           to reduce the frequency and severity of               These areas are typically designed for
      requirement. OSHA made minor                             any fires resulting from hot work. Three              hot work, and include fabricating shops,
      editorial changes to this paragraph in                   elements are normally present for a fire              sub-assembly areas, and welding and
      the final standard.                                      to occur: An ignition source, oxygen,                 burning areas within shops, such as
                                                               and a fuel source. If one element is                  pipe, boiler, and sheet metal shops. In
      Contract Employers                                       removed, then a fire will not occur. The              ‘‘designated areas,’’ hot work operations
         In § 1915.502(e), OSHA requires a                     final rule focuses on reducing the                    are regular and continuous as opposed
      contract employer’s fire safety plan to be               hazards associated with fuel sources                  to incidental hot work operations
      in compliance with the host employer’s                   and ignition sources by removing any                  occurring throughout the yard.
      fire safety program. Because of the                      fuel source from the area where hot                   Nonetheless, such areas must be
      nature of the work at any given time,                    work is to be performed. If that is not               initially inspected to establish them as
      there may be many employers within                       possible, then isolating the fuels by                 ‘‘designated areas’’ and then maintained
      one particular shipyard. Safety and                      using protection (shielding), posting a               as such, as required in paragraph (b)(1)
      health hazards may increase at such                      fire watch, or other positive means can               of this section.
      multi-employer worksites. OSHA’s                         be used to comply with the provision.                    OSHA received comments relating to
      intent with this paragraph is that all                   These requirements reflect current                    paragraph (a)(1). One group of
      employers take responsible actions to                    industry practices and the requirements               commenters argued that the word
      reduce these hazards when possible,                      associated with § 1915.14 for flammable               ‘‘only’’ should be removed from: ‘‘[t]he
      and to alert other employers when                        and combustible materials within                      employer may only designate areas for
      hazards exist. The successful                            confined and enclosed spaces and other                hot work’’ because it implies that an
      recognition of fire hazards and response                 dangerous atmospheres. Other materials                employer is limited to designating areas
      to fire emergencies requires all                         may also be present that have properties              for hot work (Exs. 21–4; 21–5; 21–6; 21–
      employers on the site to follow the host                 that may increase the hazards associated              8; 21–13). OSHA agrees with these
      employer’s fire safety plan.                             with a fire, such as oxidizers and water              commenters and has deleted ‘‘only’’
         Several identical comments were                       reactive chemicals. The Agency                        from the requirement.
      received on this paragraph. The concern                  concludes that fires resulting from hot                  Several comments were received
      was that the wording implied that there                  work can be prevented through an                      objecting to the term ‘‘potential fire
      must be two distinct and separate plans.                 authorization procedure and proper                    hazard.’’ (Exs. 21–8; 21–10; 21–15; 21–
      ‘‘The same degree of contractor safety                   inspection of the worksite before hot                 16; 21–17–1; 22–1; 22–6; 22–7 through
      can be achieved if the contractor agrees,                work. This involves identifying fire                  22–11; 22–14) The commenters felt that
      in writing if necessary, to comply with                  hazards and implementing appropriate                  this terminology was too broad and
      the host employer’s fire safety plan.                    control measures that include removing                vague, could be improperly interpreted
      This would ease the burden on the                        hazards, inerting spaces, shielding                   in the field, and should be clearly
      contractor and promote consistency                       combustibles, or posting fire watches.                defined or changed. One suggestion was
      within the shipyard.’’ (Exs. 21–3; 21–10;                The Agency believes this approach will                to substitute the term with ‘‘free of fire
      21–15; 21–16; 22–1; 22–6; 22–7; 22–8;                    better protect shipyard workers from fire             hazards,’’ which would be consistent
      22–9; 22–10; 22–11; 22–14). OSHA                         hazards associated with hot work while                with language used in
      agrees with these comments. If the host                  also reflecting the best practices of the             §§ 1915.503(a)(2)(ii) and (b)(1). Another
      employer’s plan includes the fire                        industry.                                             comment on this term was that: ‘‘The
      hazards the contract employer’s                             The purpose of OSHA’s requirement                  use of the word ‘‘potential’’ is confusing
      employees will encounter, it is                          is to make sure that the employer                     and could be improperly interpreted in
      acceptable for a sub-contractor to simply                identifies all fire hazards in a hot work             the field. Either an area has a ‘‘fire
      adopt or follow the host employer’s fire                 area and takes appropriate action to                  hazard’’ or it does not.’’ (Exs. 21–10; 21–
      safety plan.                                             prevent fires. This section relies heavily            15; 21–16; 22–1; 22–6; 22–7 through 22–
         The Agency’s intent was for                           upon requirements adapted from the                    11). OSHA agrees with these
      contractor and sub-contractor                            existing §§ 1915.52 Fire Prevention,                  commenters that using the phrase
      employees to be provided the same level                  § 1910.252 Welding, Cutting and                       ‘‘potential fire hazards’’ could be
      of protection as the host employer’s                     Brazing, and from an industry                         misconstrued. Therefore, OSHA has
      employees while on site. It is also                      consensus standard, NFPA 51B–1998                     changed the language to read ‘‘free of
      important that contractor employees                      Standard for Fire Prevention in Use of                fire hazards.’’
      respond as effectively as other                          Cutting and Welding Processes (Ex. 19–                   Alabama Shipyard and Atlantic
      employees to evacuations. For example,                   3).                                                   Marine-Mobile noted that the rule does
      to follow the host employer’s fire safety                                                                      not specify how such areas should be
      plan would include following all of                      General Requirements                                  designated, such as by posting signs,
      § 1915.502, including reviewing the                        Paragraph (a) makes clear that the                  inclusion in the fire safety plan, or some
      plan with employees, keeping the plan                    requirements cover all hot work except                other mechanism (Ex. 22–2). In
      accessible and updated, and certifying                   for operations covered by Subpart B                   response, OSHA notes that the Agency
      that all employees have been informed                    Confined and Enclosed Spaces and                      is allowing employers flexibility in
      of the plan. Recognizing hazards,                        Other Dangerous Atmospheres in                        determining how to designate these hot

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00009   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55676           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      work areas, and only requires that they                  authorizations, such as those required                inerting the adjacent space with a non-
      do so in an effective manner.                            by U.S. Navy contracts, others will                   reactive substance that will not support
         Paragraph (a)(2) of this section                      choose to use verbal authorizations. The              combustion. [For further information on
      contains the requirements for                            Agency’s intent is to enable the                      controlling spaces (flammable
      authorization of hot work in non-                        employer to perform the steps and to                  atmospheres) adjacent to where hot
      designated areas. In § 1915.503(a)(2)(i),                assess the hazard each time it authorizes             work is being performed, see Subpart B
      OSHA requires that, before authorizing                   hot work, but not to require a formal                 of this Part.]
      hot work in a non-designated area, the                   written permit. Therefore, in this                      The Connecticut Department of Labor
      employer must visually inspect the area                  paragraph OSHA does not specify what                  submitted the following questions in
      where hot work is to be performed,                       form of authorization must be used.                   regard to these requirements:
      including adjacent spaces, to ensure that                   In § 1915.503(a)(2), the employer can                Pertaining to § 1915.503, what is the
      the area is free of fire hazards, unless a               only authorize employees to do hot                    covered employer’s responsibility regarding
      Marine Chemist’s certificate or Shipyard                 work in areas that are free of fire                   hot work and maintaining fire hazard free
      Competent Person’s log is used for the                   hazards or where fire hazards are                     conditions when the outside contractor is on
      authorization. OSHA believes that by                     controlled by physical isolation, fire                covered property? * * * How is such an
      requiring authorization before hot work                  watches, or other positive means such                 outside contractor/employer treated through
      is performed in a non-designated area,                   as inerting. Decisions about authorizing              the entire scenario under the standard for
      the employer will pre-plan the                           hot work must be based on an                          example, does this employer need to be
      operation and thereby identify and                       inspection by the employer, a Marine                  covered by the plan? (Ex. 22–4).
      control the hazards associated with hot                  Chemist, or a Shipyard Competent                        As discussed in the Scope section,
      work.                                                    Person. Authorization for hot work is                 contractors who perform work at
         OSHA recognizes that, although                        appropriate only when such an                         shipyards are required to comply with
      Marine Chemists and Shipyard                             inspection has shown that there are no                the OSHA shipyard standards,
      Competent Persons have specific                          uncontrolled combustible or flammable                 including the requirements regarding
      functions to perform under Subpart B,                    materials in the area.                                hot work.
      the employer may also use them to                           The note to paragraph (a)(2) states:                 NAVSEA recommended that two
      assess whether designated and non-                       ‘‘[T]he requirements of paragraph (a)(2)              classes of hot work be identified. These
      designated hot work areas are free from                  apply to all hot work operations in                   would include most hazardous (stick
      fire hazards. However, the employer is                   shipyard employment except those                      welding and oxyfuel cutting) and less
      not required to do so. In a related                      covered by § 1915.14.’’ This note is a                hazardous hot work (grinding, brazing,
      comment, Bath Iron Works remarked                        reminder to employers that there are                  and TIG welding) (Ex. 22–15). By
      that:                                                    instances when a Marine Chemist, a                    separating these two, there would be
                                                               U.S. Coast Guard Authorized Person, or                separate fire watch requirements. This
         Using the term ‘[the employer] must’
      implies that no one else can do the                      a Shipyard Competent Person, is                       commenter further stated that:
      inspection. A trained mechanic may be more               required to inspect a work area prior to                 The hot worker may serve as his/her own
      effective than a supervisor to perform such              hot work. Under these circumstances,                  fire watch for less hazardous hot work with
      an inspection. Can the employer utilize                  the employer would not need to re-                    the supervisor’s approval. In addition, they
      employees to perform the inspection prior to             inspect the same work area. Conversely,               must have an extinguisher and fire watch
      hot work if it is part of their internal                 the employer’s inspection will not be                 training. Recommend differentiating between
      procedures and the employees are trained to              accepted in lieu of an inspection by a                ‘aggressive’ hot work and ‘other’ hot work.
      do so? (Ex. 21–3).                                                                                             Two definitions of hot work would legitimize
                                                               Marine Chemist, a U.S. Coast Guard
         OSHA does not intend for the words                    Authorized Person, or a Shipyard                      minor incidental gas igniters in areas that are
      ‘‘employer must’’ to be interpreted to                   Competent Person when required by                     safe to enter, but not safe for ‘aggressive’
      mean that a supervisory individual must                  § 1915.14.                                            industrial hot work. (Id.)
      conduct the visual inspection. A                            The likelihood of the hot work areas                  OSHA has not incorporated this
      supervisor, the hot worker, a fire watch,                containing combustible materials during               suggestion into the final rule. The
      or some other employee who is capable                    ship repair is greater than in                        Agency believes that a single approach
      of performing the inspection may be                      shipbuilding. During ship repair, as in               to ensuring safe hot work is simple and
      delegated to do the inspection. Of                       other work, the employer must control                 effective, and that for any hot work
      course, it remains the employer’s                        the fire hazards prior to performing the              where the area has not been cleared of
      responsibility to ensure the area is free                hot work. As required in paragraph                    fire hazards, the employer must control
      of fire hazards.                                         (a)(2)(ii), control of fire hazards can be            the fire hazard with physical isolation,
         The paragraph requires that the                       by physical isolation, posting fire                   fire watches, or other positive means.
      inspection be performed to make sure                     watches, or other positive means. For                 Allowing the employer to designate
      the area is free of fire hazards. If during              example, an employer can achieve                      particular areas for hot work addresses
      the inspection, combustible materials,                   physical isolation of combustibles by                 many of the concerns expressed by
      (e.g., lunch bags, newspapers, coffee                    shielding them or moving them to an                   NAVSEA. In addition, the Agency does
      cups, or rags) are within 35 feet of the                 area at least 35 feet away from the hot               not allow the hot worker to also be the
      hot work area, the employer can do a                     work (see definition of ‘‘physical                    fire watch. Fire watch issues are
      number of things. The employer can                       isolation’’). The 35-foot vertical and                discussed below.
      remove the combustible materials from                    horizontal distance is consistent with
      the area, use barriers to safely isolate the             current industry practice. Where                      Specific Requirements
      combustible materials, post a fire watch,                combustibles cannot be moved or                          In § 1915.503(b)(1), OSHA requires
      or not perform the intended hot work.                    otherwise physically isolated, the                    employers to keep all hot work areas
         Similarly, as OSHA explained in the                   employer can post a fire watch to                     free of hazards that may cause or
      proposal (67 FR 76224), the employer is                  control the fire hazard. Additionally,                contribute to the spread of fire. This
      not required to produce a written                        when flammable atmospheres are found                  requirement prevents the introduction
      authorization. While some employers                      adjacent to the hot work area, the                    of combustible or flammable materials
      will choose to produce written                           employer can control the fire hazard by               during the performance of hot work.

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00010   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                          55677

      Even though safe conditions often exist                  on the gas. Two of these commenters                   opening the manifold or cylinder supply
      at the start of the hot work process, over               raised the question of what OSHA’s                    valves.’’ (Id.)
      the duration of the work, materials may                  practice will be with the ‘‘no                          Other commenters considered lines to
      be brought to the site, creating a fire                  unattended * * * lines’’ wording (Exs.                be uncharged when:
      hazard. For example, one worker may be                   21–7; 21–13). Other than minor editorial                 [T]he gas supply [is] turned off at the
      performing hot work at the same time a                   changes, the requirement in                           manifold valve and/or cylinder valve only,
      worker from another job introduces                       § 1915.503(b)(2) is the language voted                and hose connection [is] not disconnected
      combustible or flammable materials                       upon and approved unanimously by the                  from the supply. This would allow the hose
      within 35 feet of the hot work operation.                Committee. In addition, this will                     to not be charged with pressure supplied by
      It is the intent of § 1915.503(b)(1) that                eliminate the hazard of leaving leaking               the manifold, or cylinder, only the pressure
      hazard assessment be a continual                         lines in a confined space. The provision              of a drop test. The hose should not be
      process and not a singular, one-time                                                                           disconnected, interfering with the integrity of
                                                               does not require two employees because                the original drop test, and requiring that the
      event. Therefore, after authorizing hot                  the burner can turn on the gas and                    drop test be redone. Disconnection of the
      work, the employer must continue to                      transport the torch with a charged line               hose could result in the possibility of
      maintain a fire hazard free area. A note                 to the confined space. If the burner                  mistaken connections (Exs. 21–10; 22–1; 22–
      has been added to refer the reader to                    leaves the confined space, the burner                 6; 22–13).
      § 1915.181, Subpart L, for unexpected                    can take the torch to an enclosed space,                 OSHA’s interpretation of ‘‘charged
      energizing and energy release. In                        where it can be left unattended for 15
      addition, the reader should refer to                                                                           line’’ is any line that is connected to the
                                                               minutes. The final standard maintains                 manifold and filled with gas. Until all
      §§ 1915.1000 to .1450, Subpart Z, for                    the provision as proposed.
      exposure to toxic and hazardous                                                                                of the contents are discharged from the
                                                                  In § 1915.503(b)(2)(ii), OSHA requires
      substances. No comments were received                                                                          lines, there is the potential of a leak, a
                                                               employers to prohibit unattended
      on this paragraph, and the proposed                                                                            cut line, or a disconnection, all of which
                                                               charged fuel gas and oxygen hose lines
      language is carried forward in the final                                                                       could contribute to a fire. Therefore, we
                                                               or torches in enclosed spaces for more
      rule.                                                                                                          do not agree with NGNN’s
                                                               than 15 minutes. The language in this
         Paragraph (b)(2) deals with fire safety                                                                     recommendation and are maintaining
                                                               paragraph was adapted from 29 CFR
      issues related to fuel gas and oxygen                                                                          this interpretation in the final rule.
                                                               § 1910.252 and § 1915.52 and NFPA                        OSHA finds that fuel gas or oxygen in
      supply lines and torches that are                        312–2000 Standard for Protection of
      typically used for cutting and brazing.                                                                        charged hose lines has the potential to
                                                               Vessels During Construction, Repair,                  empty into an enclosed space and create
      Paragraph (b)(2)(i) requires the employer                and Lay-up (Ex. 19–4). The potential for
      to make sure that no unattended fuel gas                                                                       a fire hazard. Therefore, the final rule
                                                               fire or explosion caused by unattended                includes the provision as proposed,
      and oxygen hose lines or torches are left                charged lines in enclosed spaces far
      in confined spaces. The final language                                                                         which is consistent with the
                                                               outweighs the burden of pulling to open               Committee’s recommendation,
      in paragraph (b)(2)(i) has been adapted                  air or disconnecting.
      from 29 CFR Parts 1910.252 and                                                                                 consensus standards, and sound fire
                                                                  Paragraph (b)(2)(ii) received a number
      § 1915.52 and NFPA 312–2000 Standard                                                                           safety practice.
                                                               of comments related to what would be                     In paragraph (b)(2)(iii) of § 1915.503,
      for Protection of Vessels During                         considered ‘‘charged.’’ NGNN stated
      Construction, Repair, and Lay-up (Ex.                                                                          the employer must ensure that
                                                               that:                                                 employees disconnect all fuel gas and
      20–4). This requirement reflects the
                                                                 NGNN considers the word ‘‘charged’’ to              oxygen hoses at the supply manifold at
      current practice in the industry, and
                                                               mean that the gas is shut off at the supply           the end of each shift. This reduces the
      was recommended by the Committee.                        manifold or cylinder and that the hose is not
         The potential danger associated with                                                                        possibility of releasing gas into an
                                                               required to be disconnected so as to maintain
      unattended fuel gas and oxygen hoses or                  the integrity of the original drop test. We are
                                                                                                                     enclosed space and creating a fire
      torches in confined spaces is apparent                   concerned that the proposed language in               hazard. However, this procedure
      and universally accepted. Leaking fuel                   1915.503(b)(2)(ii), if interpreted to mean that       requires the employer to make sure that
      gas and oxygen from unattended hoses                     the line must be disconnected during                  hoses are safely reconnected. As
      or torches can accumulate rapidly in                     unattended periods of 15 minutes or more,             described in the preamble to the
      confined spaces leading to several                       would permit the re-connection of the hose            proposed rule (67 FR 76225), OSHA is
      hazardous conditions such as increased                   without positive verification of line integrity       concerned about the possibility of
      fire hazards, oxygen-enriched                            and thus create the potential for gas to be           hooking up at the supply manifold a
                                                               released in an enclosed space. Furthermore,           different (wrong) hose whose torch end
      atmospheres, explosive atmospheres,                      we believe re-connecting and performing a
      and similar conditions. This paragraph                   drop test with the hose and torch left in place
                                                                                                                     was left hanging in an enclosed space.
      seeks to eliminate the hazards                           below deck is poor practice and even unsafe           If the wrong hose is reconnected, it may
      associated with unattended fuel gas and                  since gas could be released while the torch           dispense oxygen and fuel gas into a
      oxygen hoses or torches in confined                      operator is determining that the line is open         space without anyone knowing, thus
      spaces.                                                  or leaking. Proven and equally or more                creating a fire or explosion hazard.
         A number of comments were received                    protective alternative methods, such as                  OSHA deals with this potential
      on § 1915.503(b)(2), stating that these                  described below, are currently used that              problem in paragraph (b)(2)(iv) of
      paragraphs were not the intent of the                    minimize the risk in the event that hose              § 1915.503. When fuel gas and oxygen
      Committee (Exs. 21–4; 21–5; 21–6; 21–                    integrity is compromised. (Ex. 21–8).                 lines are to be disconnected, the
      7; 21–13; 21–17–1–1; 22–2). Some                           In addition, NGNN recommended that                  employer has two options. One is to
      commenters stated that the Committee                     the standard be revised to read: ‘‘No                 completely roll the lines back to the
      intended these requirements only for                     unattended fuel gas or oxygen hose lines              supply manifold or to open air and then
      charged lines, not lines in general. (Exs.               or torches are in enclosed spaces for                 disconnect the torch. The other is to use
      21–8; 21–17; 21–17–1). These                             more than 15 minutes unless the gas                   a positive means of identification on the
      commenters stated that (b)(2)(i) would                   supply manifold or cylinder valves are                fuel gas and oxygen hose lines before
      require the burner to leave someone to                   closed and the hose lines are inspected               rolling out or extending the line to
      attend his or her torch while the burner                 or a positive means is used to verify                 assure that the proper extended lines are
      returned to the supply manifold to turn                  there is no gas leakage, prior to re-                 disconnected and that the proper lines

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00011   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55678           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      will be reconnected, thus eliminating                    supply manifold or to open air and then               Posting Fire Watches
      the hazard. Selecting the positive means                 disconnect the torch, or the employer                    Paragraph (b) of § 1915.504 requires
      of identification for the fuel gas and                   may keep the lines in place, identify the             the employer to post a fire watch during
      oxygen hose lines is left to the                         hose lines to assure that the proper lines            hot work if any one of eight specific
      discretion of the employer. Examples of                  are reconnected and check them for                    conditions is present (each condition is
      the positive means of identification                     integrity. OSHA has also added a                      discussed in detail below). OSHA’s
      include color coding, stamped brass                      definition of ‘‘drop test’’ to the rule, as           requirements for this paragraph are
      tags, and stenciling of both ends of the                 discussed in the definitions section                  based on the Committee’s
      line. Using performance language as an                   below.                                                recommendations.
      alternative to requiring specific methods                Section 1915.504 Fire Watches                            Comments received stated that:
      to identify the lines provides employers                                                                       ‘‘There is a question of whether this is
      with flexibility and will help to nurture                  The fire watch requirements of this                 an ‘and’ or an ‘or’ listing of fire
      developing technology in these areas.                    section are divided into three parts: (a)             hazards.’’ These commenters
         In an identical comment, several                      The employer’s written policy on fire
                                                                                                                     recommended changing the language to
      commenters objected to proposed                          watches; (b) the posting of a fire watch;
                                                                                                                     read: ‘‘The employer must post a fire
      paragraphs (b)(2)(iii)(A) and (B), as                    and (c) fire watch assignments.
                                                                                                                     watch if during hot work any of the
      follows:                                                 Written Fire Watch Policy                             following apply:’’ (Exs. 21–3; 21–10; 21–
         The preamble on pages 76225, paragraph 9                Paragraph (a) of § 1915.504 requires                15; 21–16; 22–1; 22–6; 22–7 through 22–
      misrepresents current industry practice with             employers to create and keep current a                11). OSHA agrees and the regulatory
      regard to the use of gauges to test for                                                                        text has been changed to read: ‘‘The
                                                               written policy on fire watches. This
      compression integrity. Only one or two                                                                         employer must post a fire watch if
      shipyards use gauges for the integrity test.             written policy must specify the training
                                                               that fire watches must receive                        during hot work any of the following
      The implied necessity of gauges imposes a
                                                               (paragraph (a)(1)); the duties that they              conditions are present.’’
      large cost for many shipyards, and leaving
                                                               will perform (paragraph (a)(2)); the                     Atlantic Marine stated that the
      the existing language in the final rule makes
      it incumbent on the shipyard to demonstrate              equipment that they will be given                     proposed rule ‘‘[i]s cost burdensome to
      that their practice exceeds a gauge as a means           (paragraph (a)(3)); and the personal                  small and medium-sized shipyards.’’
      of ensuring integrity. Further, the ‘‘locking’’          protective equipment (PPE) necessary                  (Ex. 21–17–1). It requested that the eight
      system described in the preamble ensures                 for fire watches in the workplace                     conditions listed in § 1915.504(b) be
      positive identification, but does nothing to             (paragraph (a)(4)). The PPE that fire                 replaced with the following language:
      ensure integrity as implied in the discussion.                                                                 ‘‘An employer must post a fire watch if
                                                               watches will need is specified in 29 CFR
      As a result, we recommend that the language                                                                    a Marine Chemist, a Coast Guard-
      in the proposed rule be changed to:                      Part 1915 Subpart I Personal Protective
                                                               Equipment. OSHA did not propose a                     authorized person, or a Shipyard
         ‘‘Extended fuel gas and oxygen hose lines
                                                               specific format for the written policy,               Competent Person, as defined in 29 CFR
      are not reconnected at the supply manifold
      unless the lines are given a positive means              and none has been included in the final               1915 Subpart B, requires that a fire
      of identification when they were first                   rule. OSHA recognizes that the                        watch be posted.’’ (Id.)
      connected and positive means to insure the               employer needs the discretion to tailor                  OSHA disagrees with this commenter.
      integrity of fuel gas and oxygen burning                 the policy to its workplace.                          Paragraph (b) is a compilation of
      system is identified in employer fire plan’’               No comments were received on the                    conditions that could, according to the
      (Exs. 21–4; 21–5; 21–6; 21–7; 21–13; 22–2).              proposed text in paragraphs (a)(1)                    Committee, arise in any size shipyard
         OSHA disagrees with these                             through (a)(3); OSHA is adopting them                 employment, including small, medium,
      comments. As discussed above, the                        in this final rule without changes. One               and large shipyards. The current
      employer could use stenciling of both                    comment was received regarding                        § 1915.52(b)(3) requires:
      ends of the line, color coding, stamped                  paragraph (a)(4) of § 1915.504. Atlantic                 When the welding, cutting, or heating
      brass tags, and so forth to identify the                 Marine recommended that: ‘‘[T]he                      operation is such that normal fire prevention
      lines. Of course, the lines must be                      wording of this proposed rule be                      precautions are not sufficient, additional
      identified at both ends regardless of                    changed from ‘must be given’ to ‘must                 personnel shall be assigned to guard against
                                                               be made available’ to ensure consistency              fire while the actual welding, cutting, or
      how many sections are joined to create                                                                         heating operation is being performed and for
      the run. While the preferred way to                      with 29 CFR 1915.152(a)—Provision                     a sufficient period of time after completion
      maintain integrity of the lines is the                   and use of [personal protective]                      of the work to insure that no possibility of
      drop test using gauges, the employer                     equipment’’ (Ex. 21–17–1). Proposed                   fire exists. Such personnel shall be instructed
      may use other methods such as testing                    paragraph (a)(4) stated that employees                as to the specific anticipated fire hazards and
      a pressurized system by using soapy                      ‘‘must be given’’ PPE as required in                  how the fire fighting equipment provided is
      water at all connections. The use of                     Subpart I, and § 1915.152(a) states that              to be used.
      gauges may also be avoided entirely by                   the employer shall provide and shall                     The new requirements for fire
      rolling hoses back to open air.                          ensure that each affected employee uses               watches should not therefore pose any
         Therefore, apart from the minor                       the appropriate PPE. OSHA agrees with                 additional burdens on employers, and
      editorial changes, the only difference                   this comment and has revised this                     will provide additional guidance for
      between the provisions of the final rule                 provision to read: ‘‘The personal                     employers to help them determine when
      and the proposed rule is that the                        protective equipment (PPE) must be                    a fire watch is necessary. OSHA has
      sections have been renumbered from                       made available and worn as required by                concluded that these provisions are
      § 1915.503(b)(iii)(A) and (B) to                         29 CFR Part 1915, Subpart I.’’ With this              necessary and has included them in the
      § 1915.503(b)(iii) and (iv). Thus,                       wording, the employer has an obligation               final standard.
      paragraph (iii) clarifies that the hoses                 to provide the proper PPE to all fire                    Paragraph (b)(1) of § 1915.504 requires
      must be disconnected, and paragraph                      watch employees. In addition, the                     controlling ignition sources for work
      (iv) makes clear that two options are                    employer must ensure that employees                   processes that generate slag, weld
      available to the employer to assure that                 are wearing and utilizing each piece of               splatter, or sparks that might pass
      hoses are properly reconnected. The                      PPE appropriately as required in                      through an opening and cause a fire. It
      employer may roll the lines back to the                  § 1915.152(a).                                        has been adapted from NFPA 51B–1999

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00012   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                         55679

      Standard for Fire Prevention During                      hot work. Removing or shielding combustible           the use of the inerting medium and
      Welding, Cutting, and Other Hot Work,                    materials for a distance of 35 feet when it is        personally supervise introduction of the
      (Ex. 19–3) and                                           not necessary to prevent ignition places a            inerting medium into the space being inerted,
                                                               significant financial burden on the employer          except in situations where an inerting
      § 1910.252(a)(2)(iii)(A)(3). The intent is               with no added degree of safety. We estimate           medium has been introduced prior to the
      to have a performance oriented                           that the current language will cost NGNN              vessel’s arrival at the repair facility.’’ It
      requirement. If a spark can get through                  approximately $28 million dollars annually            recognizes the hazards associated with the
      an opening and cause a fire, then the                    in labor alone. (Ex. 21–8).                           inerting process and places the responsibility
      area must be protected. No change has                       NGNN recommended that paragraph                    with the Marine Chemist. It would be in
      been made to this provision in the final                 (b)(3) be changed to read: ‘‘Combustible              OSHA’s best interest to maintain this status
      rule.                                                                                                          quo (Ex. 21–3).
                                                               materials that could be affected by the
        Paragraph (b)(2) of § 1915.504                                                                                  Recommendations for revising
                                                               intended hot work must be removed,
      recognizes that ignition sources can be                                                                        paragraph (b)(4) in the proposed
                                                               protected with flame proof covers, or
      controlled through the use of fire-                                                                            standard from several commenters
                                                               otherwise shielded with metal or fire
      resistant guards or curtains. Where the                                                                        included (1) removing the language ‘‘or
                                                               resistant guards or curtains so that
      combustible materials cannot be                                                                                the space inerted;’’ (2) adding the words
                                                               material will not be ignited by the hot
      protected from a possible ignition                                                                             ‘‘or the space inerted by a Marine
                                                               work.’’ (Ex. 21–8).
      source, the employer must post a fire                       The Committee discussed the 35-foot                Chemist or Coast Guard authorized
      watch. Combustible materials can be                      distance at length and agreed that if hot             person;’’ and (3) adding the words ‘‘or
      protected through the use of fire-                       work is within 35 feet of combustible                 the space inerted by a qualified
      resistant guards or curtains. For                        material in any way, a fire watch must                individual’’ and identifying who is
      example, a sandwich-type bulkhead                        be posted. The 35-foot distance has been              qualified. In addition, Bath Iron Works
      could be safely protected from ignition                  in regulatory requirements and national               stated that ‘‘[T]he summary and
      of the combustible materials during hot                  consensus standards for many years and                Explanation should be corrected as it
      work by using a fire-resistant guard or                  reflects the current industry practice.               improperly states that employers can
      curtain. No comments were received on                    The Agency has concluded that such                    inert flammable atmospheres.’’ (Ex. 21–
      this paragraph. OSHA has adopted this                    protection is reasonable and necessary,               3).
      paragraph without change.                                and has included the 35-foot rule in the                 OSHA agrees with these commenters
        Paragraph (b)(3) of § 1915.504                                                                               that inerting a space is an activity that
                                                               final standard.
      includes the 35-foot requirements                           Paragraph (b)(4) of § 1915.504                     requires strict procedures to assure
      (minimum distance of combustible                         addresses the hazards associated with                 worker safety during the operation.
      materials from hot work) from the                        combustible coatings, sandwich-type                   However, it was not OSHA’s intent to
      § 1910.252(a)(2)(vii) Subpart Q,                         construction, or other insulating                     imply that the inerting of any space was
      Welding, Cutting and Brazing and NFPA                    materials. Besides shielding, cutting                 an alternative. It was OSHA’s intent to
      51B–1999 Standard for Fire During                        back, removing the materials, and                     only allow inerting within the
      Welding, Cutting, and Other Hot Work                     posting a fire watch, an industry                     inaccessible space inside a sandwich
      (Ex. 19–3). In this paragraph, OSHA                      practice for the acoustic foams that are              type construction, not in any other
      requires that an employer post a fire                    commonly found in inaccessible voids                  confined or enclosed space. When an
      watch unless combustible materials are                   within sandwich type construction is to               employer is dealing with a confined or
      relocated to at least 35 feet beyond the                 inert the areas to make them safe for hot             enclosed space, the requirements for the
      hot work area, or are protected by                       work. Industry practice in these                      use of a marine chemist under Subpart
      shielding.                                               situations has been to also provide fire              B continue to apply. To make it clear
        Numerous commenters objected to the
                                                               watches with charged fire hoses or                    that the inerting allowed in § 1915.504
      35 foot limit in this paragraph (Exs. 21–
                                                               portable extinguishers as fire protection             only applies in limited circumstances,
      10; 21–15; 21–16; 22–1; 22–6 through
                                                               measures.                                             OSHA has reworded the
      22–11; 22–14). In a representative                          OSHA received many comments on                     § 1915.504(b)(4) requirements as
      comment, Bath Iron Works stated:                         this paragraph expressing a concern                   follows: ‘‘On or near insulation,
        In many cases hot work can be safely                   with the practice of inerting spaces (Exs.            combustible coatings, or sandwich-type
      performed within 35 feet from unprotected,               21–8; 21–10; 21–15; 21–16; 22–1; 22–7                 construction, that cannot be shielded,
      unshielded combustible materials because                 through 22–11). In a representative                   cut back or removed, or on a space
      the ignition source cannot physically reach
      the combustible material. The material is
                                                               comment, Bath Iron Works stated:                      within a sandwich type construction
      considered to be protected by location. For                 The Summary and Explanation of the                 that cannot be inerted.’’
      instance: The overhead of a space contains               Proposed Rule further complicates matters by             Paragraph (b)(5) of § 1915.504
      combustible insulation. A welder needs to                stating that ‘‘when flammable atmospheres             addresses the potential hazards of
      weld a deck penetration in the space. The                are found adjacent to the hot work area, the          adjacent spaces. This paragraph is
      welder’s sparks cannot physically reach the              employer can control the fire hazard by               adapted from existing § 1915.52(a)(3),
      combustible materials on the overhead                    inerting the adjacent space with a non-               which states: ‘‘[S]ince direct penetration
      because of their location. This is considered            reactive substance that will not support
      to be guarded or shielded by location. It                combustion.’’ OSHA should correct this                of sparks or heat transfer may introduce
      meets the intent of the standard by                      statement as it falsely implies that the              a fire hazard to an adjacent
      adequately preventing fires. The standard                employer can inert flammable atmospheres.             compartment, the same precautions
      does not explain that if there is no potential           This promotes employers to prepare spaces             shall be taken on the opposite side as
      for the hot work to ignite the combustible               that contain flammable atmospheres without            are taken on the side on which the
      material then the 35-foot rule is not                    seeking a Marine Chemist’s assistance. This           welding is performed.’’ During hot work
      applicable (Ex. 21–3).                                   is a recipe for disaster if performed by an           on or near insulation, combustible
                                                               unqualified individual. Flammable
        NGNN added:                                            atmospheres are covered under Subpart B
                                                                                                                     coatings, or sandwich-type construction
        [W]e recommend performance oriented                    where a Marine Chemist certificate is                 on either side, if the employer cannot
      language that requires the employer to ensure            required for hot work. NFPA 306, Standard             cut back or remove the materials or inert
      that combustibles are removed or protected               for the Control of Gas Hazards on Vessels,            the space within the sandwich type
      when they could be ignited by the intended               states that ‘‘The Marine Chemist will approve         construction, a fire watch must also be

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00013   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55680           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      posted on the opposite side of the hot                   the potential for hot work to ignite                  duties to an employee assigned to fire watch,
      work. This requirement is intended to                    combustible materials and the prevention              that will not interfere with the performance
      address the increased fire hazard                        methods are already listed in (b)(4), which           of a fire watch’s primary duty;’’* * *. (Exs.
                                                               are shielding, removal or inerting. It is             21–17–1; 22–2).
      potential that results from hot work                     unclear why these 4 paragraphs were treated
      conducted in areas with, or adjacent to,                 separately as they appear to address the same           Another recommendation was: ‘‘The
      polyurethane or other organic foams.                     hazard (Ex. 21–3).                                    employer may only assign other duties
         In cases where hot material from hot                                                                        to an employee assigned to fire watch,
                                                                 Paragraph (b)(4) contains a general
      work could spread or fall over more                                                                            while the hot work is [not] in progress.’’
                                                               requirement to post a fire watch when
      than one level, as in trunks and                                                                               (Exs. 21–4; 21–5; 21–6).
                                                               hot work is being performed on or near                  A group of commenters stated:
      machinery spaces, a fire watch must be
                                                               insulation, combustible coatings, or
      stationed at each affected level unless                                                                           [T]his entire section defines the duties of
                                                               sandwich type construction that cannot
      positive means are available to prevent                                                                        a fire watch. It specifically states that the
                                                               be protected, while the three following
      the spread or fall of hot material.                                                                            employer cannot assign any additional duties
                                                               paragraphs provide detailed guidance
      Positive means could be accomplished                                                                           to this employee. It appears to have been
                                                               for specific situations. Paragraph (b)(5)             written with a focus on a fire watch’s
      by placing barriers or by physically
                                                               requires a fire watch when there is a fire            reactions to a fire, rather than a fire watch
      isolating an area. The same is true for
                                                               danger caused by combustible material                 helping to prevent and/or eliminate the
      adjacent spaces; a fire watch must be
                                                               on the opposite side of the object on                 potential for fire. Assigning a fire watch
      stationed at each affected work area. In
                                                               which hot work is being performed.                    implies that a fire hazard exists and someone
      these instances, two or more employees                                                                         has determined it is necessary to implement
                                                               Paragraph (b)(6) requires a fire watch
      may be needed to perform the fire                                                                              additional controls. The proposed standard’s
                                                               when hot work is being performed in
      watch. OSHA received no comments on                                                                            description of a fire watch’s duty must
                                                               proximity to insulated materials and
      this paragraph; it is carried forward in                                                                       provide latitude for the employer to permit
                                                               combustible materials or coatings, and
      the final rule without change.                                                                                 the fire watch to maintain safe conditions.
                                                               paragraph (b)(7) requires a fire watch                Duties such as keeping fire resistant guards
         Paragraph (b)(6) of § 1915.504 requires
                                                               when hot work is being performed near                 or curtains wet, ensuring that fire resistant
      a fire watch during hot work when it is
                                                               unprotected combustible pipe or cable                 guards or curtains are maintained in their
      performed on pipes or other metal in
                                                               runs. OSHA believes that these                        original position and general housekeeping
      contact with insulation, combustible
                                                               paragraphs provide additional                         must be permitted. Preventing fires should be
      coatings, or combustible materials on or                                                                       an integral part of a fire watch’s duty. In the
                                                               information describing the specific
      near decks, bulkheads, partitions, or                                                                          preamble, OSHA recognized the importance
                                                               circumstances when a fire watch is
      overheads if the work is close enough to                                                                       of maintaining conditions. Recommendation:
                                                               needed, and will be of value for
      cause ignition by radiation or                                                                                 Rewrite § 1915.504(c)(1) ‘‘The employer must
                                                               employers, employees, and safety
      conduction. The Agency requested                                                                               not assign other duties to an employee
                                                               professionals who are determining                     assigned to fire watch that would prevent
      information from the industry on the
                                                               when a fire watch is required. OSHA                   him or her from performing their fire watch
      use of the term ‘‘bulkhead’’ and ‘‘deck’’
                                                               has therefore maintained the regulatory               duties. Fire watch duties may include, for
      since they refer only to vessels and
                                                               language in the final standard.                       example, watching for and extinguishing
      vessel sections. Bath Iron Works stated                                                                        incipient fires, ensuring that fire resistant
      that these terms ‘‘[a]re well known by                   Assigning Employees To Fire Watch                     guards or curtains are maintained in their
      the vast majority of shipyard                            Duty                                                  original position, general housekeeping and
      employees.’’ From a large shipyard’s                        Paragraph (c) of § 1915.504 outlines               maintaining the conditions of the area to
      view point, bulkhead and deck is the                     the assignment of fire watch duty.                    eliminate combustible hazards’ (Exs. 21–10;
      proper method of identifying these                       Proposed paragraph (c)(1) of § 1915.504               21–15; 21–16; 22–1; 22–6; 22–7 through 22–
      structures.’’ (Ex. 21–3–1). OSHA agrees                                                                        11).
                                                               stated that the employer must not assign
      and has maintained these terms in the                    other duties to an employee assigned to                  OSHA does not agree that fire watches
      final standard. No other comments were                   fire watch. OSHA has further clarified                should have other duties, such as those
      received on this paragraph and OSHA                      in the final standard that an employee                mentioned in the comments, while hot
      has carried it forward in the final rule.                must not be assigned other duties when                work is in progress. Fire watches must
         Paragraph (b)(7) of § 1915.504 requires               designated as fire watch by the                       not have any distractions while
      a fire watch if hot work is conducted                    employer while hot work is in progress.               performing their duties. The point is not
      close enough to combustible pipe or                      The fire watch posting is crucial to                  that they only react to actual fires, but
      cable runs to cause ignition. This                       maintaining safe working areas. For                   that they observe incipient fires as soon
      provision takes into account the large                   example, welders with their shields                   as possible. Accidents and fatalities
      number of cable runs through vessel                      down rely totally on the fire watch’s                 have occurred where fire watches have
      compartments. Although these cables                      observations. The watch should not be                 been busy with other tasks or not
      must have low flame spread and smoke                     distracted by having other duties                     directly observing employees
      production rates, they are still                         assigned at the same time.                            performing hot work. It is crucial that a
      combustible and have been responsible                       Two commenters stated that:                        fire watch have only one task at hand ‘‘
      for the spread of fires. Also, the use of                                                                      to watch for and respond to fire hazards
                                                                 [T]here are a variety of other duties that
      combustible piping is increasing, and                    can be accomplished by a fire watch that will         that occur during hot work. Should that
      although required to meet strict flame                   not interfere with his/her ability to perform         employee be distracted in any way by
      spread and smoke production criteria,                    their duties as a fire watch, and in some cases       performing another task, the safety of
      the potential for fire spread through                    may serve as a means of fire prevention,              other employees is at risk.
      pipe runs is the same as through cable                   including activities such as removal and                 OSHA does agree with the comments
      runs and should therefore be                             management of potentially combustible                 that under certain conditions the fire
      safeguarded.                                             material generated during the hot work
                                                               operations, assisting with welding lead and
                                                                                                                     watch should be able to assist with fire
         In the one comment received on this                                                                         prevention duties. In order to effectively
                                                               burning line management, positioning of
      paragraph, Bath Iron Works stated that:                  local area ventilation, etc. We suggest that the      carry out the fire watch duties, the fire
        Paragraphs (b)(5), (b)(6) and (b)(7) can be            language in § 1915.504 (c)(1) be amended to           watch must not perform other duties
      rolled into paragraph (b)(4). They all address           read; ‘‘The employer may only assign other            during hot work. After the hot work is

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00014   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                       55681

      completed, however, the fire watch                       worker can continue or must stop, or it               ensure that employees assigned to fire
      must remain in the area for at least 30                  could be an electronic communication                  watch duty are trained to detect fires
      minutes to assure that there is no further               system such as radio communication.                   that occur in areas exposed to hot work.
      fire hazard, unless the employer or its                    NGNN commented that an additional                   (For a further explanation, see the
      representative surveys the area and                      provision should be included in this                  Training section at § 1915.508.)
      determines that there is no further fire                 paragraph:                                            Proposed paragraph (c)(2)(v) of
      hazard. During this 30-minute period,                      Duties of fire watch and hot workers                § 1915.504 required that the fire watch
      the fire watch can perform other fire                    should include maintaining and                        must attempt to extinguish any
      prevention duties. When hot work is not                  reestablishing safe conditions if conditions          incipient stage fires in the assigned
      being performed, there is no longer a                    are altered during their absence.                     work area that are within the available
      fire watch, and the fire watch can                       Recommend: that a new paragraph (2)(iii) be           equipment’s capacity and within the fire
      perform other work.                                      added: ‘‘Ensures that safe conditions are             watch’s training qualifications as
         If the employer has authorized hot                    maintained within the area affected by the
                                                               hot work.’’ (Ex. 21–8).
                                                                                                                     defined in § 1915.508 Training. The
      work under § 1915.503, the area must be                                                                        term ‘‘incipient stage fire’’ is defined in
      free of fire hazards and deemed safe for                    OSHA agrees that this is a useful                  the general industry fire protection
      the hot work. Therefore, the employer                    addition to the paragraph. In addition to             standard 29 CFR 1910.155(c)(26):
      only needs to address a change in the                    detecting potential fires, the fire watch             ‘‘Incipient stage fire means a fire which
      original conditions, such as combustible                 should also ensure safe conditions. Fire              is in the initial or beginning stage and
      material or an out of position fire                      watches are trained to detect fires and               which can be controlled or extinguished
      curtain. Immediate action to maintain                    can attempt to extinguish any fire in the             by portable fire extinguishers, Class II
      fire hazard free conditions under                        area if they are qualified and able to do             standpipe or small hose systems
      § 1915.503(b)(1) is required. In this                    so. If they are not qualified or able to              without the need for protective clothing
      situation, the fire watch is allowed to                  extinguish the fire, they then must alert             or breathing apparatus.’’ In its proposal,
      stop the hot work and assist with fire                   employees and activate the alarm,                     OSHA specifically asked whether this
      prevention activities, such as wetting                   which will start the evacuation                       definition needed to be in the final
      down a fire blanket, repositioning a fire                procedures. All of these factors qualify              standard (67 FR 76228). No comments
      curtain, and removing combustible                        as ensuring safe conditions. As                       were received on this subject. However,
      debris that has entered the area. OSHA                   discussed above, OSHA agrees with the                 the Agency has added this term into the
      has modified the language of                             above recommendation of adding a                      definitions (see § 1915.509 for
      § 1915.504(c)(1) to prohibit the                         provision that would ensure that safe                 discussion). Proposed paragraphs
      assignment of other duties ‘‘while hot                   conditions are maintained. This does                  (c)(2)(iv) and (v) have been carried
      work is in progress,’’ and has added a                   not impose any additional requirements                forward unchanged in the final standard
      requirement in § 1915.504(c)(2)(iii),                    on the employer, and is consistent with               but have been re-numbered as (c)(2)(v)
      (discussed below) for the employer to                    the remaining provisions in                           and (c)(2)(vi).
      authorize the fire watch to stop work, if                § 1915.504(c). Therefore, OSHA has                       Proposed paragraph (c)(2)(vi) of
      necessary, and restore safe conditions in                added the following provision at                      § 1915.504 required that the fire watch
      the area.                                                (c)(2)(iii) requiring the employer to                 alert employees of any fire that goes
         Paragraph (c)(2)(i) requires that a fire              assure that employees assigned to fire                beyond the incipient stage. The method
      watch must have a clear view of all                      watch duty: ‘‘Are authorized to stop hot              the fire watch uses to alert other
      areas assigned. Depending on the                         work, if necessary, and restore safe                  employees is not specified. The fire
      specific circumstances, two or more                      conditions within the work area.’’ The                watch can alert in the way most suited
      employees may be required in the fire                    remaining provisions in § 1915.504(c)                 to the worksite and conditions. Whether
      watch to assure that all areas are within                have been renumbered.                                 this is accomplished by shouting,
      view. For example, a fire watch                             Proposed paragraph (c)(2)(iii) of                  radioing across bulkheads, waving of
      employee may be needed on each side                      § 1915.504 specified that the fire watch              arms, or making hand signals is left up
      of a bulkhead on which hot work is                       must remain in the hot work area at                   to the employer who will have to
      being performed. This requirement also                   least 30 minutes after hot work is                    instruct the fire watch. In a noisy
      effectively precludes a hot work                         completed. The fire watch can be                      working environment, it might be most
      employee acting as his or her own fire                   relieved sooner if the employer or the                appropriate to tap hot workers on the
      watch.                                                   employer’s representative surveys the                 shoulder and then motion to them to
         Paragraph (c)(2)(ii) of § 1915.504                    exposed areas, conducts a post-work                   follow or exit the area. In a smoky
      requires the employer to ensure that                     hazard assessment, and determines that                situation, vocal communication would
      employees assigned to fire watch duty                    no further fire hazard exists. Obviously,             be more appropriate. Proposed
      can communicate with workers exposed                     this determination can only be made                   paragraph (c)(2)(vii) of § 1915.504 stated
      to hot work. Communication is                            after a hazard assessment is completed.               that if fire watches are unable to
      important because a fire watch                           The intent of this provision is to                    extinguish fire in the areas exposed to
      employee may not be able to see a hot                    encourage employers or their                          the hot work, they must activate the
      worker when, for example, the fire                       representative to use the hazard                      alarm and start the evacuation
      watch employee is on the other side of                   assessment process throughout the                     procedure as trained, according to
      a bulkhead from the hot worker (a                        work—at the beginning, middle (to see                 § 1915.508(c)(2)(xi) and the employer’s
      situation that may require two or more                   if conditions have changed), and at the               fire safety plan, § 1915.502. No
      employees to perform the fire watch).                    end (to determine how long the fire                   comments were received on these
      OSHA does not want to limit the means                    watch may be needed). No comments                     paragraphs, and they have been carried
      of communication. For example, in the                    were received on the proposed                         forward in the final standard re-
      case of a fire watch employee on the                     provision and OSHA has carried it                     numbered as (c)(2)(vii) and (c)(2)(viii).
      other side of the bulkhead from the                      forward in the final rule renumbered as                  Paragraph (c)(3) of § 1915.504 requires
      employee doing hot work, the means                       (c)(2)(iv).                                           the employer to ensure that employees
      may be as simple as tapping on the                          Proposed paragraph (c)(2)(iv) of                   assigned to fire watch are physically
      bulkhead to signal whether the hot                       § 1915.504 required that the employer                 capable of performing these duties.

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00015   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55682           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      During the Committee meetings, there                     some of the provisions in NFPA 1500–                    NFPA submitted a statement in
      was a concern that each member of a                      2002 Standard on Fire Department                      support of this provision.
      fire watch be able to do his or her job.                 Occupational Safety and Health                           NFPA also supports the proposed
      Although there was much discussion on                    Program (Ex. 19–5).                                   requirements in § 1915.505 pertaining to Fire
      the issue, the Committee did not                            Responders to shipyard fires                       Response. The negotiated rulemaking
      include a requirement stating that the                   encounter a complex set of fire hazards               committee highlighted a number of issues
      employer must make sure that                             involving buildings, as well as vessels               during its deliberations related to the
      personnel who are expected to stand fire                 in dry-dock, underway, afloat, or                     complex fire hazards that could be
      watch be capable of carrying out the                     docked alongside a quay. Fire                         encountered by any fire response unit,
                                                               responders need to be prepared to safely              whether shipyard personnel or outside fire
      duties of fire watch. The Committee                                                                            response organization. Shipyard fires could
      members believed that the employer                       and successfully handle a wide range of
                                                                                                                     involve structural fires associated with the
      would be the best judge of physical                      fire scenarios, from a flammable liquid               shipyard buildings or the fires could occur
      capability and mental alertness of the                   storage room in a shipyard building to                on the vessels during construction or repair.
      fire watch. OSHA, therefore, did not                     oil-soaked rags in the engine room of a               This fact about the potential locations for
      include such a requirement in its                        ship. The types of fires could include                fires demonstrates the complex nature of the
      proposal. Nevertheless, Bath Iron Works                  ordinary combustible materials (such as               task facing any response unit. The Committee
      commented that:                                          wood, paper, or cloth), flammable or                  relied on OSHA’s Fire Brigade requirements
                                                               combustible liquids (such as oil, fuels,              from 29 CFR 1910.156 and those
         There are no physical requirements for the                                                                  requirements from NFPA 1500, Fire
      fire watch to comply with. This has been a
                                                               paints, or chemicals), insulation and
                                                                                                                     Department Occupational Safety and Health
      common Labor/management conflict and a                   other materials that may give off toxic
                                                                                                                     Program to develop a comprehensive
      cause for concern.* * * Management may                   gases and smoke during a fire, electrical             standard that specifically addresses the
      select employees on ‘‘light duty’’ (not capable          fires (involving energized motors,                    shipyard fire response structure and
      of lifting an extinguisher) to act as a fire             circuit controls, transformers, or                    function. NFPA commends OSHA for using
      watch, or choose not to hire others that                 wiring), or even a rare combustible                   voluntary consensus standards where
      cannot perform the function as a result of a             metal fire (involving metals such as                  applicable in this proposed standard. (Ex.
      physical limitation. In either case, only                magnesium, or titanium).                              21–14).
      employees that are physically capable of                    A fire response organization, as
      utilizing the fire extinguishing equipment in                                                                  Employer Responsibilities
                                                               defined in section 1915.509 Definitions,
      a variety of scenarios such as: lugging an                                                                        In paragraph (a)(1) of § 1915.505, the
      extinguisher down inclined ladders or up                 may be provided by: (1) Fire brigades;
                                                               (2) shipyard fire departments; (3) private            shipyard employer is required to
      vertical ladders, hauling hoses, etc. should be
      assigned to this duty. By spelling out this              or contractual fire departments; and (4)              determine who will perform fire
      requirement in the standard we can be                    municipal fire departments.                           response in the shipyard and what type
      assured that employees performing this                      Consistent with the recommendations                of response will be provided. Some
      critical function are those that are capably fit         of the Committee, OSHA is requiring                   shipyard employers, typically those
      to do so. Recommend: Add a new paragraph                 that the shipyard liaison’s                           with very large facilities, employ full-
      (c)(4) The employer shall ensure that each               communication with an outside fire                    time shipyard firefighters and provide
      fire watch is physically capable to carry out            response organization address facility                them with response apparatus and
      his/her expected functions (Ex. 21–3).                   and layout familiarization and                        equipment. At the other end of the
         Although it is the employer’s                         coordination protocols. Federal OSHA                  spectrum are employers at small
      responsibility to select an appropriate                  does not have jurisdiction over state and             shipyards who must rely largely on
      fire watch, OSHA feels that in                           municipal fire departments or                         public fire protection. Because fire
      performing this duty, the employer must                  volunteers so the standard does not                   response capabilities vary widely within
      assure that the employee be in good                      cover them. However, OSHA intends to                  the shipyard industry, each shipyard
      enough physical condition to fulfill his                 promote coordination between the                      employer must take responsibility for
      or her duties. For instance, an employee                 shipyard and the outside fire response                determining who will provide fire
      would need to have the use of both arms                  organization so they can work together                response services and what those
      to lift and correctly use a fire                         safely. OSHA believes that any fire                   services will be.
      extinguisher; be able to evacuate the                    response organization that expects to                    Paragraph (a)(2)(i) of § 1915.505
      work area if needed; and be able to                      respond to shipyard fires will benefit                requires the employer to create and
      communicate adequately in the event of                   from the coordination activities required             maintain a written policy that describes
      a fire. If an employee cannot physically                 by this standard, and will be able to                 the internal and outside fire response
      perform all of the duties of fire watch,                 respond to fires faster, more effectively,            organizations that the employer will
      the employer should not put that                         and with greater safety for the shipyard              use. In the proposal, OSHA required a
      employee in such a work situation.                       workers and their own fire response                   ‘‘written statement or policy’’ (67 FR
      Therefore, an additional requirement is                  members.                                              76248) in § 1915.505. Upon further
      being added to § 1915.504(c). Paragraph                     OSHA also wants to be clear that                   review, OSHA was concerned that this
      (c)(3) requires that: ‘‘The employer must                shipyard fire responders do not include               would cause some confusion with other
      ensure that employees assigned to fire                   support personnel responding at or near               requirements in subpart P. Therefore,
      watch are physically capable of                          fires who have only limited support                   the Agency decided to alter the language
      performing these duties.’’                               functions to perform. These support                   in § 1915.505 to read ‘‘written policy’’ in
                                                               functions may include providing                       all requirements that were proposed as
      Section 1915.505 Fire Response                           information to fire responders, and                   ‘‘written statement or policy.’’ This
         At present, OSHA does not have any                    securing utilities, such as electrical,               word change can be found in paragraphs
      specific requirements in Part 1915 for                   ventilation, and compressed air and                   (a)(2(i) and (ii), (b)(1), (b)(2), (b)(3),
      fire response in shipyard employment.                    oxy-fuel lines. These support personnel               (b)(4), and (b)(5) of § 1915.505.
      This new section creates a standard that                 are not expected to fight fires but to                   Paragraph (a)(2)(ii) of § 1915.505
      addresses shipyard fire response and is                  perform such tasks as shutting down gas               requires the employer to create,
      derived from the requirements of 29                      lines or disconnecting electrical service             maintain, and update a written policy
      CFR 1910.156 Fire brigades and from                      that support the fire response personnel.             that defines what evacuation procedures

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00016   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                      55683

      employees must follow if the employer                    plan for fire response functions must                    Paragraph (b)(4) of § 1915.505
      chooses to require a total or partial                    include procedures for obtaining help                 addresses OSHA’s longstanding policy
      evacuation of the worksite at the time of                from other fire response organizations                that employers must ensure employee
      a fire. No comments were received on                     (paragraph(b)(2)(iii)(A)), familiarizing              safety through evacuation in case of fire.
      paragraphs (a)(1) to (a)(3), and OSHA is                 the external fire response organization               The employer’s evacuation policy must
      carrying them forward in the final rule.                 with the layout of the employer’s                     include the following: Emergency
      Required Written Policy Information                      facility or worksite, including access                escape procedures; procedures to be
                                                               routes to controlled areas, and site-                 followed by employees who may remain
         Paragraph (b) of § 1915.505 describes                 specific operations, occupancies, vessels             longer in the worksite to perform critical
      the information that must be included                    or vessel sections, and hazards                       shipyard operations before they
      in the written policy required by this                   (paragraph (b)(2)(iii)(B)). The plan must             evacuate; procedures to account for all
      section. The written policy must set                     also set forth how hose and coupling                  employees after emergency evacuation
      forth the basis for operating an internal                connection threads are to be made                     is completed; the preferred means of
      fire response service, working with an                   compatible and where the adapter                      reporting fires and other emergencies;
      outside fire response service, or using a                couplings are kept (paragraph                         and names or job titles of the employees
      combination of internal and outside fire                 (b)(2)(iii)(C)), or, as an alternative, must          or departments who may be contacted
      response. A key point is to set out                      state that the employer will not allow                for further information or explanation of
      clearly the specific functions the fire                  the use of incompatible hose                          duties. These requirements are based on
      response service is authorized and                       connections (paragraph (b)(2)(iii)(D)).               similar requirements found in the
      expected to perform. Employers must                                                                            general industry standards for employee
                                                                  OSHA further requires in paragraph
      establish the specific functions that the                                                                      emergency plans and fire prevention
                                                               (b)(3) of § 1915.505 that, if the employer
      fire response service will provide. The                                                                        plans (29 CFR 1910.38 and .39).
                                                               chooses to use a combination of an
      employer also must furnish the
                                                               internal and an outside fire response                    Paragraph (b)(4)(i) requires that
      necessary resources for delivering the
                                                               organization, then the employer must                  emergency escape procedures be
      designated services. Such services might
                                                               define the fire response services in                  included in the written policy.
      include structural fire response,
                                                               addition to the requirements in                       Emergency escape procedures in
      emergency medical services, hazardous
                                                               paragraphs (b)(1) and (2) above, that will            shipyard employment can vary greatly
      materials response, high-angle rescue,
                                                               be provided by each fire response                     depending upon whether the worksite is
      and heavy rescue.
         OSHA requires in paragraph (b)(1) of                  organization. Specifically, the following             located on a vessel or vessel section or
      § 1915.505 that, if the employer chooses                 information must be included: The basic               in a land-side facility. For example, on
      to provide internal fire response, then                  organizational structure of the combined              a vessel at anchorage, escape routes
      the employer must create, maintain, and                  fire response; the number of combined                 from the vessel may be more difficult to
      update a written policy that defines the                 trained fire responders; the fire response            identify than those found in land-side
      fire response to be provided. The                        functions that need to be carried out; the            facilities, such as a machine shop,
      information would include the                            minimum number of fire response                       welding shop, cafeteria, employment
      organizational structure of the fire                     employees necessary; the number and                   office, or similar worksite. Paragraph
      response service; the number of trained                  types of apparatus; and a description of              (b)(4)(ii) requires procedures to protect
      fire response employees; the minimum                     the fire suppression operations                       employees who must remain behind to
      number of fire response employees                        established by written standard                       perform critical shipyard operations
      necessary; the number and types of                       operating procedures for each particular              before they evacuate. Critical shipyard
      apparatuses; a description of the fire                   type of fire response at the worksite; and            operations may include shutting down a
      suppression operations at the                            the type, amount, and frequency of joint              vessel’s power plant, securing utilities
      employer’s facility; training                            training with the outside fire response               to the fire area, or similar activities.
      requirements; expected fire response                     organizations if given to fire response               Additionally, accountability procedures
      functions that may need to be carried                    employees (paragraphs (b)(3)(i) through               for all employees following emergency
      out; and procedures for use of protective                (v)).                                                 evacuation must be established, as set
      clothing and equipment. Spelling out                        Paragraph (b)(3) requires that the                 forth in paragraph (b)(4)(iii). For
      the specific parameters of services to be                employer develop a written policy that                example, employees could be directed
      provided allows the fire response                        describes joint training activities if such           to report to a specific location after
      service to plan, staff, equip, train, and                training is part of the employers plan.               evacuation. Another important element
      deploy members to perform these                          However, OSHA is not requiring fire                   of the evacuation policy, found in
      duties.                                                  responders from an outside fire                       paragraph (b)(4)(iv), is the preferred
         Similarly, OSHA requires in                           response organization to participate in               means of reporting fires or other
      paragraph (b)(2) of § 1915.505 that, if the              joint training because the standard does              emergencies. Examples include
      employer chooses to use an outside fire                  not apply to such outside fire                        telephone or radio communications, fire
      response organization, then the                          organizations. The employer must make                 alarms, steam whistles, verbal
      employer must include specific                           sure that the internal and external fire              communication, or other tactile, visual,
      information in the employer’s written                    responses are coordinated so that the                 or audible means of communication at
      policy. The policy must include the                      fire response is safe and effective. It               the employer’s discretion. Finally, as a
      following: The types of fire suppression                 would be sensible and responsible to                  means to administer the evacuation
      incidents to which the fire response                     coordinate training efforts between the               policy effectively, the written policy
      organization is expected to respond at                   two groups of fire responders. OSHA                   must indicate the key individuals by
      the employer’s facility or worksite                      strongly recommends that internal and                 name, job title, or department to be
      (paragraph (b)(2)(i)); the liaison between               outside fire responders participate in                contacted for further information or
      the employer and the outside fire                        joint training. In addition, it would be              explanation of duties under the policy,
      response organization (paragraph                         responsible to have the outside fire                  paragraph (b)(4)(v).
      (b)(2)(ii)); and a plan for fire response                response organizations involved in the                   Paragraph (b)(5) requires that the
      functions (paragraph (b)(2)(iii)). This                  development of the written policy.                    employer include a description of the

VerDate jul<14>2003    14:46 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00017   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55684           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      emergency rescue procedures and                          certain physical fitness standards? OSHA                 No comments were received on
      names or job titles of the employees                     needs to address how the medical                      paragraph (d)(2). However, upon
      who are assigned to perform rescue and                   examination/physical standards requirement            reconsideration, OSHA has decided that
      emergency response. OSHA received no                     applies to shipyards that are unionized and           the requirement was not easily
                                                               have collective bargaining agreements in
      comments on any of the requirements in                   place. Can implementation be delayed for the
                                                                                                                     understood, and it was unclear how it
      § 1915.505(b), and is carrying them                      remainder of the current agreement’s term?            differed from the written policy
      forward in the final standard.                           Or until a fixed date, or are employers and           requirements for internal fire response
                                                               unions required to reopen and negotiate               proposed at § 1915.505(b)(1). Therefore,
      Medical Requirements for Shipyard Fire
                                                               impact and implementation of the new                  OSHA has modified § 1915.505(d)(2)
      Response Employees
                                                               standards? This requirement should receive            using NFPA 600–2001 to require
         Paragraph (c) of § 1915.505 addresses                 much more detailed consideration. (Ex. 21–            employers to: ‘‘Establish lines of
      the physical and medical provisions for                  8).                                                   authority and assign responsibilities to
      shipyard fire response employees. In                        The employer is responsible for                    ensure that the components of the
      paragraph (c)(1) of § 1915.505, OSHA                     ensuring that employees are qualified                 internal fire response are
      requires that all fire response employees                                                                      accomplished.’’ This language provides
                                                               for the fire response activities. The fire
      receive medical examinations to assure                                                                         a clearer description of the provision’s
                                                               response employees must be able to
      that they are physically and medically                                                                         requirements than the terms
                                                               perform their duties and not create
      fit for the duties they are expected to                                                                        ‘‘administrative regulations’’ and
                                                               another hazard by jeopardizing the
      perform. This approach is consistent                                                                           ‘‘departmental orders.’’ There is no need
                                                               safety and health of themselves or
      with NFPA 600–2000 (Ex. 19–6) and                                                                              to include a requirement for ‘‘standard
                                                               others. OSHA has not set specific
      NFPA 1500–2002 (Ex. 19–5), and with                                                                            operating procedures,’’ as they are
                                                               physical fitness standards that the fire
      other OSHA standards, such as 29 CFR                                                                           already required in § 1915.505(b)(1).
                                                               response worker must meet. It is up to
      1910.120 and 29 CFR 1910.156.                                                                                     In paragraph (d)(3) of § 1915.505,
                                                               the employer to determine the physical
      Employees who perform fire response                                                                            OSHA requires the employer to set up
                                                               fitness level that will be needed to keep
      activities must be able to perform them                                                                        an Incident Management System (IMS)
                                                               each fire response person safe. This will
      properly without jeopardizing the safety                                                                       to coordinate and direct fire response
                                                               depend upon the duties each of them is
      and health of themselves and other                                                                             functions. This system must include
      firefighters. Fighting fires is a very                                                                         specific fire emergency responsibilities;
      hazardous and strenuous job. Some                           Likewise, OSHA has not included any                how the employer will account for all
      employees may not be physically able to                  provisions to account for existing union              fire response employees during an
      engage in a fire response situation that                 agreements. The employer is                           emergency operation; and what
      would require hours of difficult and                     responsible for addressing any issues                 resources would be offered by outside
      heavy-duty work. OSHA is requiring the                   related to union bargaining agreements.               organizations. This is consistent with
      employee’s physical and mental fitness                   Employees must be protected equally                   the goals and language found in
      be in accord with the duties the                         under the standard, whether or not a                  paragraph 8.1 of NFPA 1500–2002.
      employee will perform.                                   union contract is in effect. In summary,                 The Connecticut Department of Labor
         Paragraph (c)(2) of § 1915.505 requires               without an annual examination, the                    raised a question regarding the
      that fire response employees who are                     employer can not be sure that the fire                provision, asking: ‘‘Why does the
      required to wear respirators while                       responder is able to do the job at hand.              proposed standard change the
      performing their duties meet the                         Therefore, OSHA has adopted this                      customary verbiage of incident
      medical requirements of § 1915.154                       provision as proposed.                                command system to incident
      Respiratory protection. This                             Organization of Internal Fire Response                management system? Will this confuse
      requirement is consistent with 29 CFR                    Functions                                             fire departments that will also be
      1910.134(c)(1) that requires employers                                                                         involved in the firefighting?’’ (Ex. 22–4).
      whose employees use respirators to                          Paragraph (d)(1) of § 1915.505                        While the Incident Command System
      develop and implement a respiratory                      requires the employer to organize its fire            (ICS) term is customary language often
      protection program. One of the elements                  response functions to ensure that there               used by firefighting professionals,
      of a respiratory protection program is                   are enough resources to safely conduct                OSHA proposed to use the IMS term to
      providing medical evaluations for                        emergency operations at the site. This                be consistent with the terms currently in
      employees who use respirators.                           language is consistent with the goals                 use by firefighting organizations and
         Paragraph (c)(3) of § 1915.505 requires               and language of paragraph 4.1.1 of                    training institutions. The most recent
      that the employer provide all fire                       NFPA 1500–2002 (Ex. 19–5) addressing                  NFPA standards use the IMS term,
      response employees with an annual                        the fire department’s organizational                  including NFPA 1500–2002 Fire
      medical examination. Further, in                         statement. No comments were received                  Department Occupational Safety and
      paragraph (c)(4), medical records of fire                on paragraph (d)(1) and OSHA has                      Health Program, NFPA 600–2000
      response employees must be kept                          included it in the final rule as it was               Requirements for All Industrial Fire
      according to § 1915.1020 Access to                       proposed.                                             Brigades, and NFPA 1561–2000
      employee exposure and medical                               In paragraph (d)(2) of § 1915.505,                 Emergency Services Incident
      records. These proposed requirements                     OSHA proposed that the employer:                      Management System. In addition, the
      are consistent with existing regulations                 ‘‘[s]et up written administrative                     IMS term is commonly used by
      found in 29 CFR 1910.156 and 29 CFR                      regulations, standard operating                       organizations that train firefighters. For
      1910.134.                                                procedures, and departmental orders for               example, individual courses on incident
         NGNN questioned the proposed                          fire response functions.’’ The proposed               management are currently offered by the
      requirements:                                            language was based on Chapter 4 of                    Maryland Fire and Rescue Institute
                                                               NFPA 1500–2002 addressing the                         (http://apps.mfri.orrg) and the Federal
         Does OSHA mean that a medical
      examination should be conducted to identify              organization of fire response providers               Emergency Management Agency
      any condition that may interfere with a fire             and Chapter 2.1 of NFPA 600–2001                      National Fire Academy (http://
      fighter doing his or her job, or does OSHA               addressing the general administration of    
      intend that shipyard fire fighters also meet             industrial fire brigades.                             nfa.shtm). Because the IMS is the

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00018   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                          55685

      preferred term, OSHA is using the IMS                    paragraph 7.1.6 of NFPA 1500–2002 (Ex.                15). In the proposed rule (67 FR 76231).
      term in the final rule.                                  19–5).                                                OSHA proposed using the 1997 version.
         OSHA is also modifying the proposed                      Paragraph (e)(3) of § 1915.505                     Thus, adequate notice and comment on
      definition of IMS in § 1915.509 to match                 addresses respiratory protection for                  updating to the 2002 version has not
      the definition used by NFPA in NFPA                      shipyard fire response employees.                     been provided. As a result, the 1997
      1500–2002, which is: ‘‘A system that                     Under paragraph (e)(3)(i), the employer               version is referenced in
      defines the roles and responsibilities to                must provide self-contained breathing                 § 1915.505(e)(3)(v) in the final standard.
      be assumed by personnel and the                          apparatus (SCBA) to all shipyard fire                 With publication of this document,
      operating procedures to be used in the                   response employees who are involved                   OSHA recognizes that several of the
      management and direction of emergency                    in emergency operations in an                         NFPA standards have been revised since
      operations; the system is also referred to               atmosphere that is or may become                      the proposed rule was published. OSHA
      as an incident command system (ICS).’’                   immediately dangerous to life or health               intends to publish a direct final rule to
      This modification does not change the                    (IDLH), or is unknown. This language is               update the references to the most recent
      meaning or intent of the proposed term,                  consistent with existing OSHA                         NFPA standards in the near future.
      and is more consistent with the NFPA’s                   standards and paragraph 7.8.7 of NFPA                   In § 1915.505(e)(3)(vi), OSHA requires
      use of IMS.                                              1500–2002 (Ex. 19–5).                                 that the employer ensure that the
         Paragraph (d)(4) of § 1915.505                           Under paragraph (e)(3)(ii) of                      establishment of a respiratory protection
      requires that employers provide                          § 1915.505, the employer must provide                 program and use of respiratory
      specified information to the outside fire                SCBAs to fire response employees                      protective equipment is in compliance
      response organization to be used. These                  performing emergency operations                       with § 1915.154 Respiratory protection.
      provisions are consistent with existing                  during hazardous chemical emergencies                 Similar requirements are found in 29
      OSHA requirements (29 CFR 1910.120                       that will expose them to airborne                     CFR 1910.134, and 29 CFR 1910.156 for
      Hazardous waste operations and                           chemicals. OSHA recognizes that there                 general industry. The Connecticut
      emergency response and 29 CFR                            may be a potential for employee                       Department of Labor raised the
      1910.156 Fire brigades). No comments                     exposure to hazardous chemicals during                following:
      were received on paragraph (d)(4), and                   fire response emergencies due to the
      it is included in the final standard.                    nature of shipyard employment. This                     § 1915.505(e)(3)(vi) mandates compliance
                                                                                                                     with 29 CFR 1915.154, which in turn
                                                               requirement would limit employers to                  incorporates by reference 29 CFR 1910.134.
      Personal Protective Clothing and
                                                               the use of SCBAs for this type of                     Does the language of this subsection of the
      Equipment for Fire Response Employees
                                                               chemical exposure.                                    proposed section which mandates
         Paragraph (e) of § 1915.505 contains                     Under paragraph (e)(3)(iii) of                     compliance with the respiratory protection
      the requirements for providing personal                  § 1915.505, the employer must provide                 program of § 1910.134, include the
      protective clothing and personal                         either SCBA or respiratory protective                 procedures for IDLH atmospheres referenced
      protective equipment for shipyard fire                   devices to fire response employees who                in § 1910.134(g)(3) and (4) of the respiratory
      response personnel. Paragraph (e)(1)                     perform or support emergency                          standard, including the requirement for
      requires that the employer must provide                  operations that will expose them to                   what’s known as two in and two out? (Ex.
      fire response employees with hazard                      hazardous chemicals. The SCBA or                      22–4).
      specific personal protective clothing                    respiratory device must be certified as                  As the State of Connecticut points
      and equipment at no cost to the                          required in § 1910.134, and as required               out, OSHA states in § 1915.154 that
      employees. The employer must also                        by NIOSH under 42 CFR Part 84 as                      respiratory protection for shipyards is
      make sure that each employee wears the                   suitable for the specific chemical                    covered under 29 CFR 1910.134.
      appropriate personal protective clothing                 environment.                                          Therefore, shipyard employment is
      and equipment that offers protection                        Under paragraph (e)(3)(iv) of                      covered by the entire section, which
      from the hazards to which that                           § 1915.505, the employer must ensure                  would include § 1910.134(g) as well as
      employee is likely to be exposed. This                   that additional outside air supplies used             all other provisions of § 1910.134.
      is consistent with the language found in                 in conjunction with respirators be                       Paragraph (e)(4) of § 1915.505
      Chapter 7 of NFPA 1500–2002 (Ex. 19–                     positive pressure systems and certified               addresses personal protective
      5). It is also consistent with existing                  by NIOSH under 42 CFR Part 84. Again,                 equipment for fire response employees
      OSHA standards.                                          this is consistent with existing OSHA                 who are exposed to the hazards of
         In § 1915.505(e)(2), OSHA states the                  standards and paragraph of                   interior structural firefighting within
      requirements for thermal stability and                   NFPA 1500–2002 (Ex. 19–5). No                         shipyard employment. The employer
      flame resistance or protective clothing.                 comments were received on paragraphs                  must provide, at no cost to the
      Paragraph (e)(2)(i) requires the employer                (e)(3)(i) through (e)(3)(iv) and OSHA has             employee, helmets, gloves, footwear,
      to make sure that each fire response                     adopted them as proposed.                             and protective hoods, and either
      employee exposed to flame hazards                           Under paragraph (e)(3)(v) of                       protective coats and trousers, or
      wears clothing that minimizes the                        § 1915.505, the employer must provide                 protective coveralls that meet the
      extent of injury that the fire response                  SCBAs that meet the requirements of                   applicable recommendations in NFPA
      employee would sustain. Paragraph                        NFPA 1981–1997, Standard on Open-                     1971–2000 Standard on Protective
      (e)(2)(ii) specifically prohibits the                    Circuit Self-Contained Breathing                      Ensemble for Structural Fire Fighting
      wearing of clothing made from acetate,                   Apparatus for the Fire Service (Ex. 19–               (Ex. 19–8). Paragraph (e)(4) is based
      nylon, or polyester, either alone or in                  7). This is standard equipment for all                upon Chapter 7 of NFPA 1500–2002 (Ex.
      blends, unless it can be shown that the                  fire response organizations throughout                19–5). OSHA received no comments on
      fabric can withstand the flammability                    the country.                                          this paragraph, and the proposed
      hazard that could be encountered, or                        NAVSEA stated that: ‘‘The latest                   language is carried forward in the final
      that the clothing is worn in such a way                  version of National Fire Protection                   standard.
      to eliminate the flammability hazard                     Association (NFPA) 1981, Standard on                     Under paragraph (e)(5), the employer
      that may be encountered. This language                   Open-Circuit Self-Contained Breathing                 must, at no cost to employees, supply
      is consistent with the language in                       Apparatus for Fire and Emergency                      all fire response employees who are
      existing OSHA standards and in                           Services is 2002 versus 1997.’’ (Ex. 22–              exposed to the hazards of proximity

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00019   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55686           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      firefighting with the appropriate                        body harnesses to be used to attach fire              activated. Of particular concern is the
      protective proximity clothing that meets                 response employees to ladders and                     incorrect or inadvertent activation of
      the applicable requirements of NFPA                      aerial devices. This is consistent with               these systems. Fixed fire extinguishing
      1976–2000, Standard on Protective                        NFPA 1983–2001 (Ex. 19–11). Under                     systems at land-side facilities are
      Ensemble for Proximity Fire Fighting                     paragraph (e)(7)(iii), the employer may               covered by the next section of this
      (Ex.19–9). Only shipyard employees                       only allow Class II and Class III body                proposed subpart, § 1915.507 Land-side
      who engage in operations that expose                     harnesses to be used by fire response                 fire protection systems.
      them to the intense radiant heat of a                    employees for fall arrest and rappelling                 The hazards associated with the use
      proximity firefighting incident (the                     operations. This is consistent with                   of fixed extinguishing systems on
      proximity hot zone) must be equipped                     NFPA 1983–2001 (Ex. 19–11). No                        vessels and vessel sections have long
      with specialized proximity firefighting                  comments were received on paragraph                   been recognized by the United States
      protective clothing. No comments were                    (e)(7) and OSHA has carried it forward                Coast Guard as evidenced by Coast
      received on this provision and OSHA                      in the final rule.                                    Guard Commandant Notices and
      has adopted it as proposed.                                                                                    Instructions that date from 1978. The
         Under paragraph (e)(6) of § 1915.505,                 Equipment Maintenance                                 International Maritime Organization
      the employer must provide a Personal                        Paragraph (f) of § 1915.505 addresses              (the United Nations’ specialized agency
      Alert Safety System (PASS) device to                     the maintenance of personal protective                responsible for improving maritime
      each fire response employee involved in                  equipment and fire response equipment.                safety and preventing pollution from
      firefighting operations. The PASS                        Under paragraph (f)(1), the employer                  ships) has also addressed this issue by
      devices must meet the                                    must inspect and maintain personal                    issuing regulations that are part of the
      recommendations in NFPA 1982–1998                        protective equipment used to protect                  International Convention for the Safety
      Standard on Personal Alert Safety                        fire response employees to ensure that                of Life at Sea (SOLAS).
      Systems (PASS) (Ex. 19–10). This                         it provides the intended protection.                     Testing vessels’ fixed extinguishing
      requirement is consistent with                           Such inspection and maintenance is                    systems has led to several fatalities. In
      paragraph 7.13.1 of NFPA 1500–2002                       consistent with OSHA’s personal                       October 1996, aboard the Italian flag
      (Ex. 19–5) and no comments were                          protective equipment standards,                       ship SNAM PORTVENERE, an
      received. The provision is adopted as                    § 1910.132.                                           American Bureau of Shipping surveyor
      proposed.                                                   Under paragraph (f)(2), the employer               and five shipyard technicians were
         A PASS is a device that is attached to                must test and maintain fire response                  killed when carbon dioxide (CO2) was
      or is an integral part of self-contained                 equipment consistent with sound safety                released accidentally from a fixed fire
      breathing apparatus (SCBA). It                           practices and the requirements for tools              extinguishing system that was being
      automatically sounds a distinctive alarm                 and equipment found in Chapter 7 of                   tested. On May 3, 1993, while a
      (some units also display a flashing                      NFPA 1500–2002 (Ex. 19–5). Paragraph                  contractor was testing a low-pressure
      strobe light) if a fire response employee                (f)(2)(i) requires the employer to keep               CO2 system aboard the M/V CAPE
      becomes immobile for a pre-determined                    fire response equipment in a state of                 DIAMOND that protected the ship’s
      period of time (usually 30–40 seconds).                  readiness. In paragraph (f)(2)(ii), the               engine room, CO2 was discharged
      For example, the device would be                         employer must make sure that all fire                 accidentally, causing the deaths of a
      activated in the event a fire responder                  hose coupling and connection threads                  Coast Guard marine inspector and a
      becomes incapacitated from structural                    are standardized throughout a facility                shipyard contractor. Additionally, an
      collapse or runs out of breathing air.                   and on vessels and vessel sections by                 intentional activation of a manual CO2
      Fire response employees who might                        providing the same type of hose                       extinguishing system aboard the
      become trapped or lost can also activate                 coupling and connection threads for                   Australian naval vessel HMS
      the device manually to help searchers                    hoses of the same or similar diameter.                APPLELEAF caused the accidental
      locate them. The shrill alarm allows                        If the employer uses an outside fire               death of four persons. These incidents
      rescuers to locate the wearer quickly in                 organization for fire response, and the               were attributed to human error in which
      dark or heavy smoke conditions. The                      employer expects them to use the fire                 the discharge of CO2 extinguishing
      alerting sound of a PASS can easily be                   response equipment belonging to the                   systems protecting spaces aboard
      distinguished from a low air supply                      employer, then under paragraph                        vessels was allowed to occur while
      alarm emitted by a SCBA. PASS devices                    (f)(2)(iii), the employer must ensure that            employees were working inside.
      are now considered standard issue for                    either all of its facility’s hose and                    This section has gone through some
      fire fighters and are recommended by                     coupling connection threads are the                   modifications since the proposal. The
      NFPA 1982–1998. (Ex. 19–10).                             same as those used by the outside fire                section has been modified in several
         Section 1915.505(e)(7) addresses life                 authority or that suitable adapter                    areas to address concerns raised by
      safety ropes, body harnesses, and                        couplings are supplied. This                          commenters, and to assure that the
      hardware. No comments were received                      requirement is consistent with                        section adequately addresses the
      on these provisions and they are being                   paragraph 9.3 of NFPA 14–2000 (Ex. 19–                hazards associated with fixed
      adopted as proposed. Under paragraph                     12). The Agency did not receive any                   extinguishing systems on board vessels
      (e)(7)(i), OSHA requires all life safety                 comments on this paragraph, and the                   and vessel sections.
      ropes, body harnesses, and hardware                      provisions are being adopted as
      used by fire response employees for                                                                            Employer Responsibilities
      emergency operations to meet the                                                                                  The Committee recognized, and
      applicable requirements of NFPA 1983–                    Section 1915.506 Hazards of Fixed                     OSHA agrees, that although the casualty
      2001, Standard on Fire Service Life                      Extinguishing Systems on Board Vessels                history reveals problems only with CO2
      Safety Rope and System Components                        and Vessel Sections                                   systems, similar hazards exist for the
      (Ex. 19–11). This is consistent with                       This section addresses the hazards                  use of new extinguishing agents and
      Subpart I of this Part and paragraph                     associated with fixed extinguishing                   application methods. Therefore, the
      7.14.1 of NFPA 1500–2002 (Ex. 19–5).                     systems on vessels and vessel sections                employer’s responsibilities under
      Under paragraph (e)(7)(ii) of § 1915.505,                that could create a dangerous                         paragraph (a) of § 1915.506 apply to all
      the employer may allow only Class I                      atmosphere when such systems are                      fixed extinguishing systems on vessels

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00020   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                           55687

      and vessel sections that may result in a                 system discharge, as required by fire                 atmosphere by a fixed fire extinguishing
      dangerous atmosphere if discharged. It                   standards. Section 1–6.1.2 of NFPA 2001               system by taking one of two actions.
      is very likely that the only systems that                standard for clean agent fire extinguishing           First, the employer may physically
                                                               systems deals with the issue of human
      may be affected by this standard will be                 exposure to the agent itself. While exposure
                                                                                                                     isolate the system by disconnecting or
      those that employ gaseous or two-phase                   to any clean agent should be minimized, the           blanking, or by using other positive
      (gaseous/liquid) extinguishing agents.                   standard does specify safe human exposure             means to prevent the system’s
      However, by including all systems that                   times to clean agents at various design               discharge. This is possible for most
      may create a dangerous atmosphere                        concentrations in normally occupied spaces.           types of shipyard work, and is the
      when activated, the standard is broad                    In the case of HFC–227ea (the active                  preferable method of protection because
      enough to cover future systems and                       ingredient in FM–200 brand clean agent) the           when the system is isolated, employees
      extinguishing agents. Examples of future                 standards allow for installation of systems in        cannot be exposed to a dangerous
                                                               occupied spaces up to the LOAEL (Lowest
      possibilities include systems employing                  Observable Adverse Effect Level) of 10.5% v/          atmosphere. However, OSHA recognizes
      dry chemical extinguishing agents                        v. In Table 1– of NFPA 2001, the              that some shipyard work must be
      (these systems currently exist but are                   recommended exposure time to HFC–227ea                conducted with the system activated. In
      not typically installed on vessels),                     for concentrations of 10.5% v/v or less is five       those situations, the employer must take
      combination dual water/dry chemical                      minutes. It should also be noted that HFC–            the second form of action by ensuring
      systems, and systems using Halon                         227ea is approved by U.S. FDA as a                    that employees are trained to recognize
      alternative agents.                                      replacement for ozone-depleting CFC                   the system’s discharge and evacuation
         Several comments were received on                     propellants in asthma inhalers. In contrast,          alarms and the appropriate evacuation
                                                               the standard for carbon dioxide extinguishing
      paragraph (a) of § 1915.506, including:                                                                        routes, and by ensuring that they are
                                                               agent (NFPA 12) prohibits human exposure
         The proposed standard does not recognize              to the agent due to its inherent lethality. The       knowledgeable about the extinguishing
      differences between fire suppression systems             time limit for safe human exposure is                 system, its components, and its hazards.
      and different extinguishing agents.                      determined by the toxicological profile of              In paragraphs (b), (e), and (f) of
      Alternatives to CO2 often do not present the             each agent. Therefore, we recommend the               § 1915.506, the term ‘‘physically
      same hazards as fixed CO2 systems. * * *                 proposed rule be revised to base worker               isolated’’ refers to physically preventing
      Rewrite 1915.506(a) ‘‘* * * The employer                 exposure to any fire extinguishing agent on           the extinguishing agent from entering
      must comply with the provisions of this                  the agent’s human safety profile. We also             the work area. This is typically done by
      section whenever employees are exposed to                recommend the proposed rule direct
      fixed extinguishing systems charged with                                                                       installing a blank (a flat piece of metal
                                                               shipyard employers to follow safety
      materials that could create hazardous                    procedures contained in the NFPA standard             between two flanges) in the supply line
      atmosphere when activated aboard vessels                 for their chosen fire suppression agent. (Ex.         of the extinguishing system so that the
      and vessels sections, regardless of geographic           22–5).                                                extinguishing agent can not possibly be
      location. Fixed systems that do not cause                                                                      released into the protected area.
      hazardous atmospheres when activated,                       While developing this standard, the
                                                                                                                        Several comments were received on
      including those charged with foam, inert                 Committee discussed whether to
                                                                                                                     proposed Paragraph 1915.505(b). Bath
      materials, or water sprinklers, are not subject          include requirements for other systems
                                                                                                                     Iron Works stated:
      to this section.’’ (Exs. 21–10, 21–15, 21–16,            that do not cause dangerous
      22–1, 22–6, 22–7 through 22–11).                         atmospheres when activated, such as                      There is confusion as to how the five
                                                               foam and automatic water sprinkler                    paragraphs in this section fit together. The
      NGNN stated:                                                                                                   section addresses work in a space equipped
                                                               systems. After extensive discussion, the
         NGNN agrees with the need to address                                                                        with fixed extinguishing systems. It
      controls required for working in spaces with             Committee decided that a standard for                 mandates that the system be physically
      fixed extinguishing systems. We believe that             these systems was not necessary                       isolated (para 1) or that employees be trained
      systems should remain armed only when the                because they are not typically relied                 to recognize systems discharge, evacuation
      risk to the vessel and workers outweighs the             upon on board vessels and vessel                      alarms and escape routes (para 2). It appears
      risk if the system were to be inadvertently              sections, and they do not pose a                      that there are three additional requirements
      activated by the work being performed.                   significant safety and health threat to               (para 3, 4 and 5) to the options listed in
      Therefore, NGNN has instituted procedures                employees. The Agency agreed and                      paragraphs 1 and 2 and that all three must
      and training to ensure work can be safely                proposed to cover only systems that                   occur, as they are separated by the word
      performed in those rare cases when a system                                                                    ‘‘and.’’ If the system is isolated, as in
      must remain armed. However, our
                                                               could create a hazardous atmosphere
                                                                                                                     paragraph 1, paragraphs 2–5 should not
      procedures recognize the greater risk posed              when activated. Both NGNN and Great                   apply? After all there cannot be a discharge
      by a carbon dioxide system versus less                   Lakes supported the provision not                     if the system is isolated. If employees are
      hazardous extinguishing media, such as                   applying when the extinguishing agent                 trained, as in paragraph 2, then all the
      halon. We recommend that OSHA consider                   is not hazardous. OSHA continues to                   following paragraphs should apply because
      the differences in various shipboard fire                believe that this is the proper approach              the system is still energized and represents
      suppression systems that do not present the              and has not altered this provision in the             a potential hazard if activated. It appears that
      same risk as carbon dioxide systems. Some                final standard. It is up to the employer              the word ‘‘and’’ was left off the end of
      systems use the same compounds used in                                                                         paragraph 2. Recommend: Add the word
      computer rooms across the country and
                                                               to determine when a dangerous
                                                                                                                     ‘‘and’’ to the end of paragraph (b)(2). (Ex. 21–
      present far less risk than carbon dioxide                atmosphere will be created, either by
      systems. (Ex. 21–8).                                     the properties of the extinguishing
                                                               agent, or the byproducts that may be                     OSHA agrees with Bath Iron Works
      Great Lakes stated that:                                                                                       that the proposed regulatory text was
                                                               produced when it is used. If a dangerous
         § 1915.506 (a) of the proposed rule                   atmosphere will be created, the                       confusing because it combined ‘‘and’’
      introduces ambiguity. The rule should be                 employer must take action under                       statements and ‘‘or’’ statements in a way
      clarified so that ‘‘exposure to fixed                                                                          that was difficult to follow. Therefore,
                                                               § 1915.506 to protect its employees.
      extinguishing systems that could create a                                                                      the Agency has changed the regulatory
      hazardous atmosphere’’ refers to the                     Requirements for Automatic and
      properties of the agent itself and not to by-
                                                                                                                     text to clarify the requirements.
                                                               Manual Systems                                        Paragraph (b) of the final rule only
      products of the combustion process or
      extinguishment. Actual fire events should be               Under paragraph (b) of § 1915.506, the              includes the requirements for physical
      treated separately and require crew egress               employer must protect its employees                   isolation of the system, or employee
      from the affected space prior to extinguishing           who may be exposed to a dangerous                     training, as discussed above. Paragraph

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00021   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55688           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      (b) now contains the provisions that                     Second, the employer could train                      manned spaces. The personnel assigned to
      were proposed as paragraphs (b)(1),                      employees on the system’s discharge                   these spaces perform ‘‘work’’ of various
      (b)(2), and (b)(5). Paragraph (d) includes               and the associated hazards, and the                   types. The space should be protected by a fire
      the actions that must be taken if                        evacuation alarms and routes.                         extinguishing system especially during sea
                                                                 If the employer chooses the second                  trials. If employees are trained, as is required
      activation of the system could result in                                                                       by proposed paragraphs (b)(2) and (b)(5), they
      a positive pressure in the protected                     option, paragraph (b)(2)(i) of § 1915.506             will not activate the system unless it is
      space. Paragraph (d) now contains the                    requires employees to be trained to                   necessary because they know the hazards
      provisions that were proposed as                         recognize fire extinguishing systems’                 associated with it. To keep the pull stations
      paragraphs (b)(3) and (b)(4). The                        discharge and evacuation alarms, and to               under lock and key prohibits immediate use
      remaining paragraphs of section                          recognize the appropriate escape routes.              if the need presented itself. If an
      1915.506 have been renumbered                            This training consists of making sure                 unauthorized person wanted to activate the
      consecutively.                                           that employees, including the                         system, a lock is not going to stop him, nor
        Bath Iron Works stated:                                employees of contractors, recognize the               is a guard. * * * Delete this entire paragraph
                                                               discharge and evacuation alarms and                   as it does not increase the level of safety for
         It is not fully understood why work cannot                                                                  employees and the hazard has been
      be accomplished in a space that is protected             escape routes in accordance with
                                                                                                                     addressed in previous paragraphs. (Ex. 21–3).
      by a fixed extinguishing system. The systems             § 1915.508 of this subpart. Paragraph
      are installed to protect employees and                   (b)(2)(ii) of § 1915.506, which was                      Several commenters stated: ‘‘This
      equipment and there is ‘‘work’’ that does not            proposed as § 1915.506(b)(5), requires                paragraph should be deleted from the
      pose a threat of an extinguishing system                 that employees be trained on the                      proposed rule because it was written
      being activated. On the other hand, it is                hazards of the fixed extinguishing                    before paragraph (b) contained all of the
      clearly understood that work that has the                system and the dangers associated with                sub-paragraphs as it currently does.
      potential to activate an extinguishing system            disturbing system components. Such                    Therefore, paragraphs (b)(1) and (2)
      poses a real threat. If there is no threat why           components and equipment include                      provide the same coverage as paragraph
      should any of the requirements in this
                                                               piping, cables, linkages, detection                   (c).’’ (Exs. 21–4; 21–5; 21–6; 21–7; 21–
      section apply? The term ‘‘work’’ needs to be
      expanded to qualify it as ‘‘work that has the            devices, activation devices, and alarm                13; 22–2).
      potential to cause system activation’’ or some           devices. Employees in shipyards                          NGNN recommended that:
      other qualifying phrase. To expect the system            typically rig materials and equipment in                 [O]SHA delete this paragraph. No Captain,
      to be physically isolated when routine work              and out of vessels and vessel sections                Vessel Owner, or employer should put the
      is to be performed in the space, without                 using chain falls and come-alongs.                    safety of their vessel and personnel in peril
      qualifying the type of work is unrealistic.              Employees unaware of the dangers of                   by locking out the fire suppression system if
      Example: Prior to the vessel going to sea/sea            disturbing system components could                    it is the designated means of fire protection
      trials all systems are operational, including            accidentally activate the system while                for the compartment. We have not
      fixed extinguishing systems. Typical work                                                                      experienced malicious activation of a fire
                                                               in the process of rigging.
      assignments at this stage of construction are                                                                  suppression system and believe it sends the
      to touch up paint that has been disturbed, or            Sea and Dock Trials                                   wrong message to lock out or otherwise
      stencil piping systems. With all systems up                                                                    prevent the use of a fire suppression manual
      and running, the protection of the fire                     Paragraph 1915.506(c) of the final rule
                                                                                                                     activation device. If a system is to be
      extinguishing system is a safety feature that            requires employers to ensure that fire                disarmed, then it should be properly isolated,
      should not be eliminated. This section                   extinguishing systems are activated                   not by locking out the manual pulls. If it is
      requires that it be deactivated, or that                 during sea and dock trials, which is a                determined that the risks of disarming the
      paragraphs 2 through 5 are complied with.                different requirement from proposed                   system outweigh the risks of leaving it armed
      Neither is feasible, nor do they provide                 paragraph (c). The hazards that were                  then the manual pulls should be left
      additional protection to the employee’’.                 addressed in the proposed paragraph (c)               available for use and workers should be
      * * * Revise paragraph (b) to further define             are now addressed in paragraphs (b) and               trained on the proper actions to take in the
      the intent of work. ‘Before any work that has                                                                  event the system is activated. (21–8).
                                                               (g). The proposed paragraph (c)
      the potential to cause systems activation
      * * * (Ex. 21–3).                                        addressed the risk of intentional or                     Several commenters stated:
                                                               accidental activation of a manual system                While a vessel is on sea trials, the
        NASSCO stated: ‘‘The term ‘any work’                   during sea or dock trials by requiring                extinguishing system must remain
      does not consider the work done during                   that all activation stations, whether                 operational and ready for activation to
      sea trials and other test activities that                remote or local, be secured under lock                protect the vessel in the event of a fire. A tag
      would not activate the system. We                        and key or an attendant posted. The                   would be sufficient to inform that personnel
      recommend that the paragraph read:                       intent was to prevent unauthorized                    are in the space. Recommendation:
      ‘any work that could activate the                        persons access to the activation controls             1915.506(c) be reworded ‘Before any work
      system’ or ‘any hot work.’ ’’ (Ex. 22–14).               of a manual system because a manual                   * * *, the employer must ensure that during
        OSHA believes that this comment                        system that is activated while                        sea trials activation stations are tagged,
      relates to the confusion caused by the                                                                         informing personnel they are in the protected
                                                               employees are in the protected space                  space.’ ’’ (Exs. 21–10; 21–15; 21–16; 22–1;
      construction of the proposed regulatory                  may result in fatalities. During trials
      text. The Agency concludes that the                                                                            22–6; 22–7 through 22–11).
                                                               many persons are present who may not
      qualification in paragraph (a) limits the                be completely familiar with the ship’s                  OSHA agrees with these commenters,
      applicability of this section only to                    operation, and OSHA believes that only                and has deleted the requirement to lock
      systems that create hazards. In addition,                authorized persons should have the                    the manual fire suppression system.
      the employer may conduct work with                       authority and ability to manually                     Although the intent of the proposal was
      the system activated, so long as                         activate the systems when employees                   to prevent accidental activation of the
      employees are trained pursuant to                        are working in the protected spaces.                  system, it also may have prevented
      paragraph (b)(2)(i) of § 1915.506. As                       Bath Iron Works stated:                            employees from activating the system
      discussed above, the employer must                                                                             when needed in an emergency situation.
                                                                 The intent of this paragraph needs to be
      take one of two courses of action. First,                clarified or the paragraph deleted. Does it           In its place, OSHA has added a
      the employer could physically isolate                    pertain only to sea trials or are dock trials         provision to require the systems to be
      the system or have other positive means                  included? What constitutes work? Many                 operational during sea and dock trails,
      to prevent the system from discharging.                  spaces protected by fixed manual systems are          which is consistent with the views of

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00022   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                          55689

      the commenters that these systems                        OSHA will allow a fire door to be                     systems activation could result in a positive
      should always be available for use                       blocked open, as long as the blocks are               pressure great enough to prevent the opening
      during trials. While on a sea trial, the                 removed when the employees are no                     of doors in the protected spaces, all inward
                                                                                                                     opening doors, hatches, scuttles * * *.’’ (Ex.
      shipyard fire response employees, or                     longer working in the protected space.                21–3).
      outside fire response, would not be able                    Paragraph (d)(2) of § 1915.506
      to access the vessel. Therefore, the                     (proposed paragraph (b)(4)) requires that                The purpose of this section is to
      extinguishing systems must be                            all inward opening doors, hatches,                    protect employees who might be
      operational at all times. While OSHA                     scuttles, and other potential barriers to             exposed to hazardous conditions when
      does not agree that paragraph (b) alone                  safe exit must be removed, locked open,               they are trapped by doors that are sealed
      provides sufficient protection from the                  braced, or otherwise secured so that                  by positive pressure within the space. If
      hazard posed by manually activating a                    they remain open and accessible for                   the fire suppression system will not
      system while employees are within the                    escape. This is to ensure that, in the                create a pressure sufficient to seal an
      protected space, OSHA has determined                     event of the systems’ activation that                 inward opening door, the paragraph
      that the hazard is adequately addressed                  could result in a positive pressure in the            does not apply. This section specifically
      by the combined provisions of                            protected spaces that all employees                   protects the lives of employees working
      paragraphs (b) and (g). Paragraph (g)                    would be able to safely escape.                       in protected spaces while a fixed
      covers the use of fixed manual                              Great Lakes stated that:                           extinguishing system is activated. For
      extinguishing systems, and is discussed                                                                        example, employees working in a shaft
                                                                  [T]o operate a vessel at sea with doors,
      below.                                                   hatches and scuttles in the closed position           alley are in a confined space. Should the
                                                               ensures the fire suppression system operates          alarm be activated, the door(s) will shut
      Doors and Hatches                                                                                              automatically, creating a trapping
                                                               as designed, but violates the proposed rule.
         Paragraph (d) of § 1915.506 was                       To operate the vessel with doors, hatches and         situation for those employees. Although
      proposed as paragraphs (b)(3) and (b)(4).                scuttles locked in the open position complies         some vessels may have an escape hatch,
      This section was included as a result of                 with the proposed rule, but places the ship           not all vessels have such hatches. In this
      United States Coast Guard information                    in grave danger should a fire break out. To           circumstance, employees must be
      about a casualty at sea. (67 FR 76233)                   isolate, lock out or otherwise render an              trained to block open those doors when
                                                               extinguishing system inoperable while under
      In this incident, the chief engineer                     way, or to keep all doors, hatches and
                                                                                                                     entering the space to conduct work.
      inadvertently discharged CO2 into a                      scuttles locked open ensures that the agent           Should the system be activated, the
      space with an inward opening door.                       will fail to reach its extinguishing                  alarm will sound and the employees
      Members of the crew were unable to                       concentration and hold time. Gaseous agents           will leave the space immediately. Upon
      open the door until pressure in the                      such as FM–200 (HFC–227ea) depend on                  their exit, they should remove the
      space subsided. During that time,                        achieving a specific design concentration in          blocks and shut the door behind them,
      crewmembers trapped in the space were                    the protected space and maintaining that              thus allowing the fire suppression
      asphyxiated. As a result of this incident,               concentration until it is determined that the         system to perform as designed. By
                                                               fire has been successfully suppressed. The            training employees to block those doors
      the Coast Guard recommended that
                                                               inability to maintain the agent’s design
      during inspections, CO2 storage                          concentration (e.g., open doors and hatches)          open, the trapping hazard is then
      provisions and means of escape should                    can quickly lead to an uncontrollable fire,           abated. The Coast Guard, the
      be evaluated. The Coast Guard stated                     severe damage and a potentially life-                 Committee, and OSHA agree that this
      further that protective measures should                  threatening situation. (Ex. 22–5).                    section will save lives.
      be provided, such as making sure that                      Several other commenters                            Testing the System and Conducting
      doors open outward, that there are kick-                 recommended that: ‘‘1915.506 (b)(3) be                System Maintenance
      out panels in doors or bulkheads, that                   changed by inserting the language ‘‘[I]n
      doors are blocked open when the space                                                                             Paragraphs (e) and (f) (formerly (d)
                                                               the protected spaces, the emergency exit              and (e)) of § 1915.506 address system
      is occupied, or that there are sufficient
                                                               route doors, hatches or scuttles remain               testing and system maintenance
      vent openings to the atmosphere. These
                                                               open and accessible,’’ [and] 1915.506                 operations. Testing and maintenance
      recommendations are also recognized in
                                                               (b)(4) insert the language: ‘‘[I]n the                have been demonstrated to be the most
      the United States Coast Guard Marine
                                                               protected spaces, the emergency exit                  likely causes of accidental system
      Safety Manual, COMDTINST 16000.7,
                                                               route doors, hatches, scuttles or other               activation. The Coast Guard currently
      Vol. II (Ex. 17) and SOLAS 74/78
                                                               potential barriers to safe exit must be               requires fixed fire extinguishing systems
      (Ex.18), which require outward opening
                                                               removed. * *’ ’’ (Exs. 21–10; 21–15; 21–              to be disconnected when undergoing
      access doors in CO2 protected spaces
                                                               16; 22–1; 22–6; 22–7 through 22–11).                  any testing or maintenance. The need
      aboard vessels.
                                                                 Bath Iron Works stated:
         Paragraph § 1915.506(d)(1) addresses                                                                        for these requirements is demonstrated
      the concerns about inward opening                          OSHA needs to define positive pressure or           clearly by the fatalities that occurred
      doors, hatches, scuttles, and other                      clarify the intent of this paragraph. Many            while testing the fixed system on the
      potential barriers that may close off                    naval ships are designed to maintain positive
                                                                                                                     M/V CAPE DIAMOND mentioned
                                                               pressure in spaces, including machinery
      escape routes as a result of system                      spaces, via their ventilation system. Positive        above. As a result of this incident, the
      activation. The paragraph requires that,                 pressure is only an issue if it is great enough       Coast Guard recommended that
      when employees are working in a space                    to prevent escape via inward opening doors.           personnel in spaces protected by CO2
      with inward opening doors, the doors                     To mandate that these be removed, or locked           systems be evacuated during testing,
      must be removed, locked open, braced,                    open, prevents the halon fire extinguishing           unless suitable safeguards are instituted,
      or otherwise secured so they will not                    system from extinguishing the fire because            such as isolating the CO2 supply from
      close and trap employees in the space.                   compartment integrity has been                        the protected space or providing
      OSHA recognizes that placing a                           compromised. A greater hazard has been
                                                                                                                     personnel with self-contained breathing
                                                               created in complying with the standard.
      blocking device in a fire door is                        * * * Revise the paragraph to show that the           apparatus (SCBA).
      normally an unacceptable practice.                       requirements apply only if the positive                  OSHA proposed to both physically
      However, in order to comply with the                     pressure is great enough to prevent the               isolate the system and to evacuate non-
      requirements of § 1915.506(d)(1),                        opening of inward opening doors. This can             essential personnel during testing
      because of the hazard of asphyxiation,                   be achieved by the following revision: ‘‘If           because testing of such a system

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00023   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55690           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      typically results in alarm activation and                   Paragraph § 1915.506(e)(1) addresses               system properly. Further, OSHA
      could result in a discharge of the                       the first test in which the system is                 requires that all employees be evacuated
      extinguishing agent, putting any                         intentionally activated to determine                  from spaces, and accounted for before
      employees in the space in danger of                      whether or not it will introduce                      the discharge of the system. As
      death or injury.                                         sufficient fire extinguishing material to             described in the preamble to the
        Bath Iron Works stated:                                be effective. In this case, the final                 proposed rule, these requirements are
         The paragraph mandates both ‘‘physically              standard requires the employer to                     necessary to prevent fatalities from
      isolating’’ the system and evacuation of                 ensure that all employees are evacuated               overexposures to carbon dioxide (67 FR
      employees not directly involved in ‘‘testing             from the space and that no employees                  76234).
      the system.’’ The standard does not explain              remain in the space during the                           Paragraph (g)(1) requires that only
      what ‘‘testing the system’’ means. Judging               discharge, as recommended by the                      authorized employees be allowed to
      from the summary and explanation the                     commenters. OSHA is requiring that,
      concern is during a system’s concentration
                                                                                                                     activate fixed manual extinguishing
      test when extinguishing media is actually
                                                               after the discharge of the extinguishing              systems. This is based on the proposed
      discharged into the space so the                         medium into the space, the employer                   requirement that would have required
      concentration can be measured. This really               must ensure that the atmosphere is safe               employers to lock out the manual pull
      confuses the intent of this paragraph for the            for employees to reenter. OSHA is                     stations or post an attendant at them.
      following reasons. (1) You cannot test a                 requiring the employer to follow the                  While OSHA determined that the
      physically isolated system because the                   requirements found in § 1915.12,                      systems should not be locked out,
      definition of physically isolated in this                Precautions and the order of testing                  additional regulatory language was
      standard prevents the system from being                  before entering confined and enclosed
      hooked to a supply, (2) If the system is                                                                       needed to clarify that not all employees
      physically isolated there is no potential for
                                                               spaces and other dangerous                            should be able to activate a manual
      discharge so evacuation is unnecessary and               atmospheres. OSHA is adding these                     fixed extinguishing system. An
      (3) If there was a potential for the discharge           requirements to eliminate confusion.                  authorized person must be available to
      of extinguishing media into a space, then all            Paragraph § 1915.506(e)(2) addresses the              activate the system, if necessary,
      personnel should be evacuated not just those,            second, and more common type of test,                 following the evacuation of the
      ‘‘not involved in the testing.’’ This paragraph          which involves the use of air or nitrogen             employees who are working in the
      is extremely confusing. * * * Assuming that              as a replacement for the extinguishing
      the committee’s intent is to protect
                                                                                                                     space. The authorized person or persons
                                                               medium so that sensors, valves, and                   should be the only person to activate the
      employees during a concentration test, revise
      the paragraph to read ‘‘The employer will
                                                               heads can be tested individually for                  system. This will alleviate the
      ensure that the protected space and affected             their proper operation. This type of                  possibility of someone activating the
      adjacent spaces are evacuated during                     testing is commonly performed during                  system who has not been trained, or
      system’s testing that could result in the                ship repair and maintenance work. To                  does not know what hazards are
      discharge of extinguishing media into the                perform the test, technicians physically              involved with the activation of the
      space.’’                                                 isolate the system’s extinguishing                    system.
         Note: There is no need to specify vessels             medium and then activate individual                      OSHA is not instructing the employer
      and vessel sections as it is the title of this           components to verify proper function.
      part. (Ex. 21–3).
                                                                                                                     on who should be an authorized person,
                                                               Fire alarms are activated during this                 or on the number of authorized persons
        NGNN commented:                                        testing, and other employees in the area              they must train. These are
                                                               will not know if the alarm is part of the             determinations that need to be made by
        Does this mean that it is acceptable for
                                                               test, or if it is a real alarm. Therefore,            each employer. Authorized employees
      personnel directly involved in testing to
      remain in the compartment during actual                  the final standard requires the employer              are required to be trained. Therefore, the
      discharge? * * * Delete the words, ‘‘not                 to physically isolate the system to                   employer must make the determination
      directly involved in testing it.’’ The modified          assure that the system does not                       of the number of employees that will be
      paragraph will then read, ‘‘The employer                 introduce extinguishing medium into                   authorized to activate the system.
      must make sure that the system is isolated               the space, and to assure that any
      and that all employees are evacuated from                                                                      Should an employer desire to have all
                                                               employees not directly involved in the                employees designated as authorized,
      the protected spaces when levels of                      testing are evacuated. This evacuation is
      extinguishant can prevent self rescue, before                                                                  those employees must be trained.
                                                               a reasonable safety precaution because a
      testing any fixed extinguishing system’’ (Ex.                                                                  Conversely, an employer may designate
      21–8).                                                   real alarm may be ignored as a false or
                                                                                                                     foremen, or senior employees, as
                                                               nuisance alarm by non-essential
         These commenters are correct in                                                                             authorized, and train those few
                                                               employees until it is too late to evacuate
      noting that there are two types of tests                                                                       employees.
                                                               the space safely.
      that are performed on automatic fire                        Paragraph (f) (proposed paragraph (e))                Paragraph (g)(2) requires that
      extinguishing systems. One method                        requires that the employer ensure that                authorized employees be trained to
      involves the total release of                            the system is physically isolated before              operate fixed manual systems when the
      extinguishing medium into a space                        conduction maintenance on a fixed                     employer expects these systems to be
      (total flooding), while the other does                   extinguishing system. OSHA did not                    relied on in the event of a fire. This was
      not. As noted by the commenters, the                     receive comment on this paragraph and                 proposed as paragraphs (f)(1), and
      proposed rule did not address the                        has included it in the final rule without             OSHA has modified this provision to
      hazards caused by each type of test,                     revision.                                             ensure that only authorized employees
      making the proposed rule confusing,                                                                            are trained to operate and activate the
      and providing inadequate protections                     Using Fixed Manual Extinguishing                      system. As proposed, the provision
      for testing involving total flooding. To                 Systems for Fire Protection                           allowed for employees to be trained and
      make the requirement clearer, and to                        In paragraph (g) (formerly paragraph               designated. OSHA wanted to ensure that
      make sure that appropriate protections                   (f)) of § 1915.506, OSHA addresses the                only authorized employees, rather then
      are in place for employees who may be                    hazards associated with using fixed fire              designated, would have access to
      exposed to hazards by each type of test,                 extinguishing systems by requiring that               activate the system. NGNN stated:
      OSHA has revised paragraph (e) to                        employees be trained and designated as                  The paragraph could be interpreted to
      address both types of testing.                           necessary to operate and activate the                 require us to designate and train our

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00024   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                       55691

      employees to operate ship’s fixed fire                   such as local requirements, or ships                  of developing new codes and standards,
      extinguishing systems. Current work                      systems.                                              and when NFPA standards are revised.
      practices on U.S. Navy vessels do not permit                                                                   OSHA incorporates consensus standards
      this action by non-Navy personnel.                       Portable Fire Extinguishers and Host
                                                                                                                     by reference only in the notice and
      Responsibilities for fire response are                   Systems
      established via contract, memorandum of
                                                                                                                     comment rulemaking process, such as
                                                                  In § 1915.507(b), OSHA regulates the               here. OSHA proposed incorporation,
      understanding or other means depending on
      the stage of construction or repair. Similarly,
                                                               use of portable fire extinguishers and                received public comment, analyzed the
      other employers at a host site may not have              hose systems. By incorporating by                     comments, and only then determined if
      authority to operate a particular fire                   reference NFPA 10–1998 Standard for                   the specific NFPA consensus standard
      extinguishing system, but should ensure their            Portable Fire Extinguishers (Ex. 19–1) in             would be incorporated.
      personnel understand their required actions              paragraph (b) of this section, the                      NFPA does not provide free copies of
      in the event of a fire. Recommend: 1915.506              employer may replace up to one-half of                their standards to the public. They must
      (f)(1) be changed to read as follows:                    the required complement of fire                       be purchased. Due to legal restrictions,
      ‘‘Employees are instructed on the appropriate            extinguishers by uniformly spaced 1-                  OSHA cannot publish another agency or
      actions to be taken in the event of fire or              inch (3.8 cm) hose stations. If the                   association’s standards when OSHA
      activation of the fire extinguishing system
      within the compartment. (Ex. 21–8).
                                                               employer chooses to use hose systems,                 incorporates them by reference into an
                                                               then the employer must meet the                       OSHA standard. However, when OSHA
         OSHA does not agree with this                         recommendations of NFPA 14–2000                       does incorporate by reference, that
      commenter’s suggested revision. The                      Standard for the Installation of                      particular standard or code is submitted
      employer is responsible for making sure                  Standpipe, Private Hydrant, and Hose                  to the Federal Register and to the OSHA
      that someone is present who is                           Systems (Ex. 19–12). This is consistent               Docket Office. As set forth in § 1915.5,
      designated to operate the manual fire                    with current OSHA practice under 29                   the materials may be purchased from
      suppression system and is trained to do                  CFR 1910.157 and 1910.158. The                        the organization that publishes them,
      so safely. Not all employees have the                    incorporation by reference in                         and are available for inspection at the
      right or authorization to activate a                     § 1915.507(b)(1) will permit some                     Federal Register, the OSHA Docket
      system. The designation of employees to                  flexibility in offering protection for                Office, or in OSHA regional offices.
      activate the system should come from                     incipient stage fires.                                Apart from minor editorial changes,
      an agreement with the shipyard, the                         In paragraph (b)(2) of this section,               paragraphs (a) and (b) in § 1915.507 are
      vessel owner, and the captain to                         OSHA is allowing the employer to use                  carried forward unchanged in the final
      designate a person or persons. The                       hose lines attached to Class II or Class              standard.
      person or persons who are selected need                  III standpipe systems in place of                     General Requirements for Fixed
      to be trained to operate and activate the                portable fire extinguishers if those hose             Extinguishing Systems
      system. In addition, Paragraph (g)(3)                    systems meet the applicable selection,
      requires that all other employees need                   installation, inspection, maintenance,                   Under § 1915.507(c), OSHA addresses
      to be evacuated from the protected                       and testing requirements of NFPA 14–                  the general requirements of fixed
      spaces and accounted for before the                      2000 Standard for the Installation of                 extinguishing systems the employer
      system is activated.                                     Standpipe, Private Hydrant, and Hose                  must install to meet a particular OSHA
                                                               Systems (Ex. 19–12).                                  standard. In paragraph (c)(1), OSHA
         Paragraph (g)(3) of § 1915.506,                                                                             requires the use of fixed extinguishing
      proposed as (f)(2), requires that the                       Several commenters were concerned
                                                               about incorporating NFPA standards by                 systems that have been approved by a
      protected space be evacuated                                                                                   National Recognized Testing Laboratory
      completely and all employees                             reference:
                                                                                                                     (NRTL). This is consistent with OSHA’s
      accounted for before discharge of the                      This section requires installation,
                                                               maintenance and testing in accordance with            current practice of requiring that all fire
      fixed manual extinguishing system.                                                                             protection equipment and systems are
      OSHA received no comments on this                        National Fire Protection Association (NFPA)
                                                               standards. NFPA is not required to seek non-          approved for their purpose and design
      provision, and it is included in the final               member participation in the development of            by a NRTL.
      rule as it was proposed.                                 standards. Also, these standards are not                 In paragraph (c)(2) of § 1915.507,
      Section 1915.507 Land-Side Fire                          available free of cost to employers. These            OSHA requires that employers notify
                                                               consensus standards have been a problem for           employees and take the necessary
      Protection Systems
                                                               the shipyard community because once they              precautions to protect employees when
        This section consolidates various                      are incorporated by reference; the NFPA can
                                                               change or impose a new regulation on
                                                                                                                     a fire extinguishing system becomes
      existing requirements as well as                                                                               inoperable. Precautions must remain in
                                                               industry without industry participation in
      providing references to current                          the process. If OSHA incorporates these               place until the system is working again.
      applicable national consensus                            standards by reference, OSHA should                      In paragraph (c)(3) of § 1915.507,
      standards. (See the proposal to the                      provide the version that will be enforced to          OSHA also requires that a qualified
      NPRM for a discussion of existing                        the regulated community, and ensure public            technician or mechanic repair any
      requirements (67 FR 76235).                              participation in additional rulemaking that           inoperable system. This requirement is
                                                               may result from changes to the standards              consistent with current fire protection
      Employer Responsibilities                                (Exs. 21–4; 21–5; 21–6; 21–7; 21–13).                 standards (29 CFR 1910.160 and NFPA
        Under paragraph (a) of § 1915.507, the                    Reliance on national consensus                     12–2000).
      employer must ensure that all fixed and                  standards such as those referenced here                  OSHA requires in § 1915.507(c)(4)
      portable fire protection systems                         is a U.S. government policy. The U.S.                 that when an area remains hazardous to
      installed to meet a particular OSHA                      Office of Management and Budget in                    employee safety or health as a result of
      standard comply with the appropriate                     Circular A–119 directs federal agencies               the discharge of an extinguishing agent,
      requirements of this section. The                        to use voluntary consensus standards in               effective safeguards must be provided to
      provisions in this section do not apply                  lieu of government-unique standards                   warn employees not to enter the
      to fixed or portable fire protection                     except where inconsistent with law or                 discharge area. This is consistent with
      systems the employer has installed to                    otherwise impractical. The NFPA also                  the requirements in § 1910.160(b).
      meet requirements other than OSHA’s,                     includes the public during the process                Should an employee need to enter this

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00025   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55692           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      discharge area for emergency reasons,                    standards. The Agency received no                     design and installation of Halon 1301
      personal protective equipment must be                    comments on this paragraph and has                    systems to ensure employee safety. For
      provided. An emergency could include                     adopted it in the final standard.                     the systems that will replace Halon,
      the rescue of another employee or to                        In paragraph (d)(1), OSHA requires                 OSHA is requiring that the employer
      shut down equipment or processes to                      that standpipe and hose systems in                    meet NFPA 12–2000 Standard on
      ensure that additional conditions do not                 land-side facilities follow the                       Carbon Dioxide Extinguishing Systems
      arise.                                                   requirements in NFPA 14–2000                          (Ex. 19–21) or NFPA 2001–2000
         This paragraph is necessary because                   Standard for the Installation of                      Standard on Clean Agent Fire
      some systems are designed to discharge                   Standpipe, Private Hydrant, and Hose                  Extinguishing Systems (Ex. 19–23) for
      extinguishing agents in concentrations                   Systems (Ex. 19–12).                                  their design and installation. No
      greater than is safe for humans. These                      In § 1915.507(d)(2), OSHA is                       comments were received on paragraph
      systems have the potential to create a                   incorporating by reference NFPA 13–                   (d), and OSHA is carrying it forward in
      hazard to employees and need special                     1999 Standard for the Installation of                 the final standard.
      consideration and control. OSHA has                      Sprinkler Systems (Ex. 19–14); NFPA
      incorporated the requirements in                         750–2000 Standard on Water Mist Fire                  Section 1915.508 Training
      § 1910.160(b) in this final standard,                    Protection Systems (Ex. 19–15); and                      Employee training is a critical
      recognizing that the hazards of such                     NFPA 25–2002 Standard for the                         element of an employer’s program in
      systems need to be identified and                        Inspection, Testing, and Maintenance of               combating the hazards of fire in
      controlled in shipyard employment.                       Water-based Fire Protection Systems                   shipyard employment. The proposed
      This is particularly true of systems                     (Ex. 19–16), to address the installation              standard placed a specific emphasis on
      using carbon dioxide and some of the                     of OSHA-required automatic sprinkler                  hazard recognition, fire watch, and fire
      newer Halon replacement agents. OSHA                     systems in land-side facilities. NFPA                 response. This final standard has been
      is also adding a sentence to this                        13–1999 and NFPA 750–2000 provide,                    reformatted and edited to provide
      paragraph directing the reader to                        respectively, requirements for automatic              clearer guidance for training employees
      § 1915.12, Precautions and the order of                  sprinklers and automatic mist systems.                who are required to evacuate during an
      testing before entering confined and                     NFPA 25–5002 has maintenance and                      emergency, expected to fight an
      enclosed spaces and other dangerous                      inspection requirements for both of                   incipient stage fire, designated as fire
      atmospheres, for additional                              these water systems.                                  watch workers, or designated as fire
      requirements for entry into dangerous                       In paragraph (d)(3) of § 1915.507,                 response employees.
      atmospheres created by the discharge of                  OSHA is incorporating by reference                       First, all employees need training on
      certain extinguishing agents.                            several NFPA standards with                           alarms and proper evacuation
         In paragraph (c)(5) of § 1915.507,                    specifications for fixed extinguishing                procedures. In some cases, employers
      OSHA requires the employer to post                       systems that use water spray or foam for              may want some or all employees to
      hazard warning or caution signs at both                  the extinguishing agent. These include                evacuate the work area during a fire
      the entrance to and inside of areas                      the NFPA 11–1998 Standard for Low-                    emergency and not respond to the fire,
      protected by fixed extinguishing                         Expansion Foam (Ex. 19–17); NFPA                      so limited training is needed. Second,
      systems that could discharge                             11A–1999 Standard for Medium- and                     the employer may decide to designate
      extinguishing agents in concentrations                   High-Expansion Foam Systems (Ex. 19–                  certain employees to fight incipient
      that are known to be hazardous to                        18); and NFPA 15–2001 Standard for                    stage fires. For example, an employer
      employee safety or health. This is                       Water Spray Fixed Systems for Fire                    may designate and train all shift
      consistent with paragraph (b)(5) of 29                   Protection (Ex. 19–19). In paragraph                  supervisors, or security personnel, on
      CFR 1910.160.                                            (d)(4) of § 1915.507, OSHA is                         fighting incipient stage fires, while the
         In § 1915.507(c)(6), OSHA requires                    incorporating by reference NFPA 17–                   remaining employees evacuate the work
      the employer to select, install, inspect,                2002 Standard for Dry Chemical                        area. These employees need basic
      maintain, and test all automatic fire                    Extinguishing Systems (Ex. 19–20) for                 knowledge of fire extinguishing
      detection systems and emergency                          fixed extinguishing systems using dry                 equipment and the hazards they may
      alarms according to NFPA 72–1999,                        chemical as the extinguishing agent.                  face. Third, fire watch workers who are
      National Fire Alarm Code (Ex. 19–13).                       In paragraph (d)(5) of § 1915.507,                 more likely to actually fight an incipient
      Several technological advancements                       OSHA is incorporating by reference the                stage fire require additional training to
      have occurred in both fire detection and                 current edition of NFPA standards that                allow them to perform this duty safely.
      fire alarm technology in recent years.                   address fixed extinguishing systems                   Finally, fire response employees may be
      Incorporating NFPA 72–1999 as the                        using gas as the extinguishing agent.                 called upon to fight fires that have
      OSHA standard for designing and                          Specifically, OSHA is referencing NFPA                advanced beyond the incipient stage,
      installing all fire detection and alarm                  12–2000 Standard on Carbon Dioxide                    and need advanced firefighting
      systems will provide employees with                      Extinguishing Systems (Ex. 19–21);                    knowledge to perform this inherently
      protections consistent with protections                  NFPA 12A–1997 Standard on Halon                       dangerous work. This section has been
      provided by other codes and standards                    1301 Extinguishing Systems (Ex. 19–22);               reformatted and renumbered from the
      used by local authorities having                         and NFPA 2001–2000 Standard on                        proposed standard to reflect the
      jurisdiction or other building codes. No                 Clean Agent Fire Extinguishing Systems                additional training requirements
      comments were received on paragraph                      (Ex. 19–23).                                          required for each type of employee.
      (c), and OSHA is carrying it forward in                     OSHA recognizes that the fire-                        Regardless of the amount of training
      the final standard.                                      extinguishing agent Halon 1301 is being               that employees will receive, they must
                                                               phased out because of environmental                   be trained within the time restrictions
      Fixed Extinguishing Systems                              concerns. However, for economic                       that are required in paragraph (a).
        In § 1915.507(d), OSHA requires that                   reasons, existing Halon 1301 systems                  Proposed paragraph (a) required that
      the selection, installation, maintenance,                may remain in service until such time                 affected employees be trained when
      inspection, and testing of specific types                as an alternative agent replaces them.                they first start working, or as necessary
      of fixed fire extinguishing systems meet                 Therefore, OSHA is promulgating the                   to maintain proficiency on the
      the requirements of particular NFPA                      requirements in § 1915.507(d)(5) for the              following: (1) The general principles of

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00026   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                       55693

      using fire extinguishers or hose lines,                  evacuation route is not required when                 paragraphs (a)(1) through (a)(3) have
      the hazards involved with incipient                      impracticable.’’ This change reflects                 been carried forward in the final rule.
      firefighting, and the procedures used to                 OSHA’s view that multiple evacuation
                                                                                                                     Additional Training Requirements for
      reduce these hazards; (2) the hazards                    routes provide a greater degree of safety
                                                                                                                     Shipyard Employees Designated for Fire
      associated with fixed and portable fire                  for employees, and that the employer                  Response
      protection systems that they may use or                  must provide a secondary route unless
      to which they may be exposed during                      it is impracticable. The change is also                  These requirements were proposed as
      discharge of those systems; (3) the                      compatible with the requirements of 29                paragraphs (b)(1) through (b)(10), and
      activation and operations of fixed and                   CFR 1910.36, which requires two or                    have been renumbered as (d)(1) through
      portable fire protection systems                         more exit routes for buildings and other              (d)(10). In § 1915.508(d), OSHA
      provided for their use in the workplace;                 structures at the shipyard, with certain              addresses the additional training
      (4) the emergency alarm signals,                         exceptions. Similar to the § 1910.36                  requirements for fire response
      including system discharge and                           standard, OSHA recognizes that there                  employees and the training requirement
      employee evacuation alarms; and (5) the                  are circumstances where a second                      that will replace paragraph (c) of
      primary and secondary evacuation                         evacuation route is not practicable. In               § 1915.52. Fire response employees may
      routes they must use in the event of a                   those situations, the employer must                   be exposed to many hazards associated
      fire in the workplace.                                   train employees only on the primary                   with fire suppression, including heat,
         In the final standard, this paragraph                 evacuation route. This change remains                 flame, smoke, explosion, structural
      has been divided into three new                          consistent with the recommendations of                collapse, or hazardous materials. It is
      paragraphs. The final requirement in                     the Committee to recognize the                        important that these employees are
      paragraph (a) requires that all                          uniqueness of vessels and vessel                      provided with training specific to what
      employees be trained within 90 days                      sections in comparison to buildings and               they might encounter. No comments
      from the effective date of this standard                 other land-side structures, while                     were received on proposed paragraphs
      for employees currently working, upon                    providing greater clarity on the need for             (b)(1) through (b)(8), and they are
      initial assignment for new employees,                    safe evacuation procedures.                           carried forward renumbered as (d)(1)
      and when necessary to maintain                                                                                 through (d)(8).
                                                                  Additionally, comments received on                    In paragraph (d)(1) of § 1915.508,
      proficiency for employees previously
                                                               paragraph (a) stated: ‘‘This section                  OSHA requires that the employer have
      trained. Under the proposed language, it
                                                               should include an additional paragraph,               a written training policy stating that fire
      was not sufficiently clear that the
                                                               which allows for a combined training                  response employees must be trained and
      training requirements apply to both
                                                               session that incorporates all emergency               capable of carrying out their duties and
      current and new employees. This final
                                                               training into one session’’ (Exs. 21–4;               responsibilities at all times. This is
      language is consistent with
                                                               21–5; 21–6; 21–7; 21–13; 22–2). The                   consistent with the requirements found
      § 1915.502(c) to provide training for
                                                               employer is already free to incorporate               in 29 CFR 1910.156 and NFPA 1500–
      current and new employees. The
      requirement to train and retrain selected                all training into one session, or to train            2002 (Ex. 19–5).
      employees is based upon the                              all employees at the same time as long                   In paragraph (d)(2), OSHA requires
      requirements of 29 CFR 1910.157.                         as all requirements are met. This                     the employer to keep written standard
                                                               requirement is performance-oriented.                  operating procedures that address
      Employee Training                                        OSHA indicates what training is                       anticipated emergency operations and to
         Proposed paragraphs (a)(1) through                    required and allows the employer to                   update these procedures as necessary.
      (a)(5) have been divided into two new                    decide the best way to comply with all                Emergency operations are activities,
      paragraphs and renumbered. Proposed                      of the requirements,                                  such as rescue, fire suppression, and
      paragraphs (a)(4) and (a)(5) are now                     Additional Training Requirements for                  emergency medical care that are
      required for all employees in paragraph                  Employees Expected To Fight Incipient                 performed by a fire response
      (b), regardless of their level of                        Stage Fires                                           organization. In some incidents, these
      participation in fire response. Paragraph                                                                      emergency operations may include
      (b) requires that all employees be                          Proposed paragraphs (a)(1) through                 special operations, such as hazardous
      trained on the emergency alarm signals,                  (a)(3) have been moved and are now                    materials response (HAZMAT),
      including system discharge alarms and                    included in the training requirements                 HAZMAT release mitigation, standby
      employee evacuation alarms, and the                      for those employees designated to fight               for flight operations, protection of
      primary and secondary evacuation                         fires in paragraph (c). These employees               structures exposed to nearby off-site
      routes. OSHA has determined that all                     will be designated by the employer as                 fires, or mutual-aid at other workplaces.
      employees must be trained on these two                   employees who attempt to extinguish an                Written standard operating procedures
      basic fire safety issues to protect lives.               incipient stage fire. Paragraph (c)(1)                are training tools and represent the best
         In proposed paragraph                                 requires that these employees be trained              practice in the industry. This is
      § 1915.508(a)(5), now paragraph (b)(2),                  on the hazards involved with incipient                consistent with the language in
      regarding training on the primary and                    stage firefighting, and the procedures                paragraphs 3–1.5 and 3–1.8 of NFPA
      secondary evacuation routes a fire                       used to reduce these hazards, as well as              1500–2002 (Ex. 19–5).
      watch employee must use in the event                     the principles of using fire extinguishers               In § 1915.508(d)(3), OSHA requires
      of a fire in the workplace, OSHA                         or hose lines. In addition, paragraphs                the employer to review fire response
      proposed a note stating that vessels and                 (c)(2) and (c)(3) require these employees             employee training programs and hands-
      vessel sections may not always have a                    to be trained on the hazards associated               on sessions before they are used to make
      secondary evacuation route (67 FR                        with fixed and portable fire protection               sure that fire response employees are
      76237). In the final rule, in paragraph                  systems that they may use or to which                 protected from hazardous training
      (b)(2), OSHA has incorporated this note                  they may be exposed during discharge                  conditions. This should help to prevent
      into the regulatory text and modified it                 of those systems, as well as the                      the occurrence of training accidents
      to read: ‘‘While all vessels and vessel                  activation and operation of fixed and                 resulting from unexpected events such
      sections must have a primary                             portable fire protection systems that the             as flare-ups, collapses, entrapments, and
      evacuation route, a secondary                            employer expects them to use. Proposed                stress-induced injuries.

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00027   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55694           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

         In paragraph (d)(4) of § 1915.508,                    the paragraph should be revised.                      accordance with § 1915.508(f). One way
      OSHA requires all fire response                          Recommendation: Add the following text:               to do this is for the employer to have a
      employees to be adequately trained to                    ‘‘Conduct semi annual drills unless the team          written evaluation of the contractor’s
                                                               performs an actual fire response during the
      carry out their duties and                               6 month period.’’ (Ex. 21–3).
                                                                                                                     training program that the employer can
      responsibilities under the employer’s                                                                          review and thereby ensure compliance
      standard operating procedures. This                         OSHA disagrees with Bath Iron works                with the OSHA standard. Again, OSHA
      training program must provide the                        and is convinced that fire responses are              wants to make clear that it is the
      information necessary to ensure that                     not adequate substitutes for training                 employer’s responsibility to make sure
      these employees are competent to                         drills. A training drill is intended to be            that all fire watches are trained.
      respond appropriately to a fire. For                     used for assessing and improving                         In paragraph (e)(1) of § 1915.508,
      example, the fire response employee                      operational or deployment procedures.                 OSHA requires the employer to make
      must know how to respond to a fire on                    Actual fires provide useful learning                  sure the fire watch has been trained: (i)
      board a vessel, where the pier hook-ups                  experiences, and it is usual and                      Before beginning the fire watch; (ii)
      are located, how to gain access to the                   customary to evaluate fires for this                  when there is a change in operations
      vessel, and how to determine the                         purpose, but they do not provide the                  that presents a hazard for which the
      location and type of fire within the                     same training opportunity as drills.                  worker has not been previously trained;
      vessel.                                                  When an actual alarm is sounded and                   (iii) when the employer determines that
         In § 1915.508(d)(5), OSHA requires                    the shipyard fire department responds,                the fire watch employee needs to be
      the employer to train new fire response                  the on-scene command is coordinating                  trained; and (iv) annually.
      employees before they engage in                          the scene and ensuring that firefighters                 Marine Chemist Services, Inc.
      emergency duties so that they can work                   respond safety and effectively. They                  submitted the following comment on
      safely and effectively at a fire scene.                  cannot effectively observe, document,                 the training of fire watches:
      This language is consistent with                         and evaluate the response at the same
                                                                                                                        Unlike the requirement in paragraph
      paragraph 3–1.3 of NFPA 1500–2002                        time. Drills are used for the sole purpose            1915.508(b)(7) Training requirements for
      (Ex. 19–5).                                              of training, while fire response is                   shipyard employees designated for fire
         In paragraph (d)(6) of § 1915.508, the                focused on saving lives and property.                 response to ‘‘(u)se qualified instructors to
      employer must provide training for                       This issue was discussed during the                   conduct the training’’, there is no similar
      firefighters at least quarterly on the                   negotiated rulemaking process and                     requirement for fire watch training
                                                               Committee members had varying                         instructors. As a result, literally anyone will
      employer’s written operational                                                                                 be able train fire watches. Consequently, the
      procedures. Because of the complexity                    positions. OSHA was convinced by the
                                                               position of most of the Committee                     fire watch training program will contain as
      of hazards involved in shipyard                                                                                much or as little detail as the trainer is
      firefighting, the quarterly training                     members that the rule should require                  knowledgeable (through education and
      requirement is appropriate. In addition,                 semiannual drills without regard to                   experience) and/or has time. * * *
      most fire response operations in                         actual fire responses for the above                   Recommendation: add the words ‘‘in an
      shipyard employment, whether on a                        reasons. The Agency has not received                  approved fire watch training course taught by
      vessel or in land-side facilities, go                    compelling reasons to change its                      a qualified instructor’’ (Ex. 22–12).
      beyond the incipient stage and most                      position. Therefore, this paragraph has                  OSHA agrees with this comment.
      likely involve an interior attack.                       not been changed for the final standard.              Although most shipyard employers
         In paragraph (d)(7) of § 1915.508,                       In paragraph (d)(10) of § 1915.508,                would use a qualified instructor, one
      OSHA requires that all fire response                     OSHA prohibits the employer from                      could interpret this standard
      operations training be conducted by                      using smoke generating devices that                   incorrectly, and employees could be
      qualified instructors. This language is                  could create a dangerous atmosphere in                trained incompletely or inadequately.
      consistent with paragraph 5.2.11 of                      training exercises. This includes                     Therefore, OSHA is changing the
      NFPA 1500–2002 (Ex. 19–5).                               training done on vessels and vessel                   regulatory text of § 1915.508(e)(1) to
         In § 1915.508(d)(8), OSHA requires                    sections as well as in buildings and                  read: ‘‘The employer must ensure that
      any live firefighting training exercises to              other structures. This requirement is                 each fire watch is trained by an
      follow NFPA 1403–2002 Standard on                        consistent with paragraph 8.3.2 of NFPA               instructor with adequate fire watch
      Live Fire Training Evolutions (Ex. 19–                   1500–2002 (Ex. 19–5). Where the                       knowledge and experience to cover the
      24). This is consistent with paragraphs                  employer must simulate emergency                      items as follows:’
      4.9.4 and 5.2.10 of NFPA 1500–2002                       conditions that require smoke                            Marine Chemist Services also stated:
      (Ex. 19–5).                                              generation, smoke-generating devices
                                                               that do not create a hazard must be                      It is agreed that a fire watch’s knowledge
         In paragraph (d)(9) of § 1915.508, the                                                                      and understanding must be adequate in order
      employer must provide semiannual                         used. OSHA received no comments on                    for him or her to properly perform fire watch
      drills that cover site-specific operations,              proposed paragraph (b)(10), and it has                duties; but so, too, must be one’s skill. Even
      occupancies, buildings, vessels and                      been carried forward in the final rule as             the requirement to extinguish live fire
      vessel sections, and fire-related hazards,               (d)(10).                                              scenarios seems to suggest the importance of
      according to the employer’s written                                                                            one’s skill, both in terms of physical (e.g.
                                                               Additional Training Requirements for                  strength) and mental (e.g. remaining calm)
      operational procedures. The semiannual                   Fire Watch Duty                                       abilities. Therefore, knowledge and skill and
      requirement for drills is consistent with                                                                      understanding are needed here.
      the recommended frequency found in                          Proposed paragraph (c) of § 1915.508,
                                                               which has been renumbered as                          Recommendation: insert ‘‘skill’’ as follows:
      paragraph 5.3 of NFPA 1500–2002 (Ex.                                                                           Whenever the employer has reason to believe
      19–5).                                                   paragraph (e), sets forth the additional
                                                                                                                     that the fire watch’s knowledge, skill or
         Bath Iron Works stated:                               training requirements for any person                  understanding of the training previously
                                                               assigned to fire watch duty. In shipyard              provided is inadequate. (Ex. 22–12).
         OSHA does not state that an actual fire               employment, some employers hire
      response qualifies as meeting the
      requirement of a drill. To maintain                      contract workers as needed for the sole                 OSHA agrees that skills are an
      consistency with 29 CFR 1915.12(e) which                 purpose of fire watch. The employer is                important component of the training
      allows an actual confined space rescue to                ultimately responsible for ensuring that              requirements, as are the knowledge and
      qualify as meeting the training requirements             these fire watches are trained in                     understanding of the duties to be

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00028   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                        55695

      performed, and has included the word                     received no comments on this                          technique. The Agency agrees that this
      ‘‘skills’’ in § 1915.508(e)(1)(iii) as                   paragraph, and it is carried forward as               is the case, and finds the comments that
      suggested by Marine Chemist Services.                    proposed.                                             live fire training is unnecessary
         Under paragraph (e)(1)(iv) of                            Paragraph (e)(2)(ii) requires that each            unpersuasive. Therefore, this provision
      § 1915.508, employers must retrain fire                  fire watch be trained using live fire                 is being included in the final standard
      watches annually. Annual training is an                  scenarios whenever allowed by law. The                as proposed. The only exception is for
      industry practice. In addition, annual                   training exercise would be a controlled               situations where a state or local law
      training is already required by Navy                     burn and would teach the trainee the                  prohibits open burning and the
      contracts throughout the country.                        proper way to approach the fire. There                employer is unable to obtain an
         NAVSEA stated: ‘‘Recommend                            are different requirements and                        exception for the training. In this case,
      modifying this requirement as follows:                   restrictions across the country in this               the Agency does not wish to put the
      ‘Annual refresher training to include                    regard.                                               employer in the position of violating a
      discussion of the types of fires seen                       Numerous comments were received                    local fire rule to comply with the OSHA
      recently in operations that the fire                     on this issue.                                        standard.
      watch may encounter in the next year.’ ’’                                                                         Paragraphs (e)(2)(iii), (iv), and (v)
                                                                  We believe it is unnecessary to create a
      (Ex. 22–15). OSHA agrees that it would                                                                         require, respectively, that employees
                                                               hazard with a live fire exercise, employees
      be prudent for any shipyard that has an                  can demonstrate proper operation of a fire            who stand fire watch duty must be
      incident to discuss the incident during                  extinguisher with other equipment. Use of             knowledgeable of the adverse health
      the annual retraining, and encourages                    charged extinguishers and live fires is costly        effects that may be caused by exposure
      shipyards to do so if the discussion will                and may add little reality to the training.           to fire, the physical characteristics of the
      add to the knowledge and                                 Employers should have the option to use               hot work area, and the hazards
      understanding of fire watches. However,                  alternative instructional methods and                 associated with fire watch duties.
      OSHA has concluded that the employer                     equipment for fire watches. (Exs. 21–10; 21–             Paragraphs (e)(2)(vi) and (vii) of
      is in the best position to determine if a                15; 21–16; 22–1; 22–6; 22–7 through 22–11).           § 1915.508 require training on personal
      discussion of past fires would always be                    In addition, National Steel and                    protective equipment (PPE), including
      useful or necessary for its fire watch                   Shipbuilding Company stated: ‘‘Live fire              what PPE is appropriate in a particular
      workers. Therefore, OSHA does not                        scenarios are not required to                         situation, as well as how to use it. A fire
      believe modification of this provision is                demonstrate the ability to use a fire                 watch may need the same or different
      necessary and has not modified the                       extinguisher. Employees can be                        items of PPE from that used by a hot
      standard.                                                effectively trained without the need to               worker. The fire watch could be
         Paragraph (e)(2) of § 1915.508                        extinguish live fire scenarios. We                    assigned to an isolated or confined
      contains 12 items the employer must                      recommend that the requirement be for                 space and, therefore, would need the
      include in fire watch training. The                      live fire scenarios be removed.’’ (Ex. 22–            additional protection that is required
      training includes how to anticipate and                  14).                                                  under other sections of Part 1915.
      be aware of the hazards that may be                         NGNN recommended that this                            Paragraph (e)(2)(viii) of § 1915.508
      faced while performing fire watch                        paragraph be deleted:                                 requires that an employee who stands
      duties, such as limited egress or                                                                              fire watch duty be trained to select and
      possible changes in atmospheric                             [P]aragraph (c)(2)(viii) requires the              operate fire extinguishers and fire hoses
                                                               employer to instruct employees assigned to
      conditions. To recognize the adverse                                                                           likely to be used by the fire watch. As
                                                               fire watch on how to select and use fire
      health effects that may be caused by                     extinguishing equipment and this is
                                                                                                                     in the case of fire extinguishers,
      exposure to fire, employees have to be                   sufficient. * * * Our current practice of             whenever a fire watch is expected to use
      trained under OSHA’s Hazard                              providing practical hands-on use of the               a fire hose, the fire watch must be
      Communication Standard, 29 CFR                           various extinguishers without the presence or         trained in its use. A fire watch who has
      1910.1200. Workers need to be                            a live fire has proven effective at our facility      been trained with a fire extinguisher but
      knowledgeable about fire prevention                      as evidenced by our fire safety record                not a fire hose does not necessarily
      practices so they can correctly react to                 described in our cover letter. * * * We               understand how to use a fire hose. Fire
      changes in the hot work environment                      strongly encourage OSHA to use                        watches need targeted training if they
      that introduce hazards not identified at                 performance-oriented language, such as in             may have to deal with these different
                                                               paragraph (c)(2)(viii), rather than prescriptive
      the start of hot work. Examples are                                                                            types of equipment within their
                                                               language in this regard. (Ex. 21–8).
      deterioration of housekeeping or                                                                               shipyard employment.
      introduction of combustible or                              There are some localities that prohibit               The Agency requires that a fire watch
      flammable materials.                                     burning due to smog or clean air                      be trained to select and operate the
         Paragraph (e)(2)(i) of § 1915.508                     provisions. If this is the case, then live            different types of fire extinguishers and
      requires the employer to train a fire                    fire training should not be used. If this             fire hoses likely to be used by fire
      watch on the basics of fire behavior,                    is not the case, live fire scenarios must             watches in the area. These requirements
      classes of fires, extinguishing agents,                  be used and employees are expected to                 are similar to those found in 29 CFR
      stages of fire, and methods of                           use fire extinguishers on such fires.                 1910.157 in which OSHA requires the
      extinguishment. The basics of fire                       Learning the different types of fires and             employer to train any employee who
      behavior usually include the definition                  appropriate fire extinguishers is more                has been designated to use portable fire
      of the fire triangle and tetrahedron as set              effective when live fire scenarios are                extinguishers (or, as stated in paragraph
      forth by NFPA 1001–1997 Standard for                     used. In addition, fire watches need to               (e)(2)(viii) of this section, fire hoses),
      Fire Fighter Professional Qualification                  know and be able to demonstrate that                  and for these employees to be familiar
      (Ex. 19–25). Extinguishing agents                        they can adequately use a fire                        with the general principles of fire
      commonly used in shipyard                                extinguisher to extinguish a fire. The                extinguisher use and the hazards of
      employment are dry chemicals, water,                     Committee was unanimous in its                        fighting incipient stage fires. OSHA
      and CO2. Methods of extinguishing                        support of live fire training as the most             does not believe that adopting this
      require removing one or more of the                      effective means to train fire watches for             training requirement from Part 1910
      following: heat (ignition), oxygen, fuel,                their duties, because it provides the best            imposes any new burden on shipyard
      or chemical chain reactions. OSHA                        simulation of actual firefighting                     employers beyond what currently exists.

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00029   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55696           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

         Paragraph (e)(2)(ix) of § 1915.508                    area whenever: (i) The fire watch                     sought comment on whether the
      requires fire watch personnel to be                      perceives an unsafe condition                         requirement for training record
      trained to know the location and use of                  associated with hot work; (ii) the fire               retention should be one or three years.
      barriers that are part of the employer’s                 watch perceives that a hot worker is in               No comments were received on this
      fire protection program. It is a common                  danger; (iii) evacuation is ordered by the            issue, or any other aspect of
      shipyard practice to use barriers to                     employer or designated representative;                recordkeeping in this paragraph.
      prevent molten metal or sparks from                      or (iv) an evacuation signal such as an               Therefore, OSHA has renumbered the
      traveling to uncleaned areas where                       alarm is activated. OSHA received no                  proposed paragraphs, and carried them
      flammable materials may be ignited.                      comment on these provisions, and they                 forward in the final standard.
      However, such barriers can also create                   are carried forward in the final rule
                                                                                                                     Section 1915.509 Definitions
      hazards by blocking an employee’s                        renumbered.
      evacuation route or by suppressing                                                                                Most of the definitions in OSHA’s
                                                               Records                                               proposed standard have been carried
      ventilation to the point where fumes or
      vapors can accumulate. Therefore, a                         Proposed paragraph (d) of § 1915.508,              forward unchanged in the final
      worker who stands fire watch must                        now renumbered as (f), requires that the              standard. Additions or modifications
      understand how to use the barriers                       employer document that the training                   have been made in response to various
      safely.                                                  required by paragraphs (a) through (e)                comments, and to provide appropriate
         In § 1915.508(e)(2)(x), OSHA requires                 has been accomplished. In                             definitions for the new terms used in
      that the fire watch be trained in the                    § 1915.508(f)(1), OSHA requires the                   the final standard. The following section
      means of communicating with each                         employer to document the worker’s                     discusses the terms for which comments
      worker performing hot work to ensure                     training by keeping a record of the                   were received, the definitions added to
      the safety of workers. Effective                         worker’s name, the name of the trainer,               the rule, the definitions OSHA has
      communication is especially important                    the type of training, and the date(s) of              modified to improve clarity, and the
      when a fire watch can not see a hot                      the training. As proposed, this                       terms that have been included in the
      worker because, for example, the fire                    requirement was separated into four                   final rule without change.
      watch is on the other side of a                          separate provisions, paragraphs (d)(1)(i)
                                                                                                                     Comments on the Proposed Definitions
      compartment from the hot worker. In                      through (iv). In this final standard,
      this case, the means of communication                    OSHA has collapsed all of these                          OSHA’s proposed definition for ‘‘fire
      may be as simple as tapping on the                       requirements into one provision,                      response employee’’ was ‘‘a shipyard
      bulkhead to signal whether the hot                       paragraph (f)(1), in order to make them               employee who performs shipyard
      worker can continue or must stop, or an                  easier to read. No comments were                      employment firefighting.’’ Atlantic
      electronic communication system such                     received on these four requirements,                  Marine submitted a comment stating
      as a two-way radio.                                      and OSHA is carrying them forward as                  that the proposed definition was too
         In paragraphs (e)(2)(xi) and (xii) of                 proposed, with the exception of the                   broad (Ex. 21–17–1). ‘‘This definition
      § 1915.508, OSHA requires that fire                      renumbering.                                          could mean any employee that
      watches be trained to know when and                         In addition, OSHA requires in                      discharges a fire extinguisher at the
      how to initiate fire alarm procedures                    paragraph (f)(2) of § 1915.508 that the               shipyard, including office and
      and to be familiar with the shipyard’s                   employer keep the documentation for at                administrative personnel.’’ OSHA agrees
      evacuation plan. OSHA recognizes that                    least one year and, consistent with other             that the term could be misinterpreted as
      fire watch work assignments may                          OSHA standards, make the record                       defined. OSHA has modified the
      change between vessels or vessel                         available for inspection and copying by               definition of ‘‘fire response employee’’
      sections and land-side facilities and that               OSHA personnel on request. The record                 in the final standard to read ‘‘a shipyard
      each may have different alarm systems,                   that must be kept is minimal. It can be               employee who carries out duties and
      evacuation plans, and exit routes. For                   kept as part of the worker’s personnel                responsibilities of shipyard firefighting
      example, a shipyard may be performing                    file, in a master file of training, or in any         in accordance with the fire safety plan.
      repair work on a Navy vessel, a cruise                   other format the employer chooses. A                  A fire response employee may be a full-
      liner, and a tug at the same time, all                   record in an electronic file or database              time employee, may occupy any
      with different alarm systems.                            is sufficient. However, regardless of how             position or rank within the shipyard,
         Regardless of the system, a primary                   the record is kept, it must be available              and may engage in fire emergency
      responsibility of a fire watch must be to                for inspection by the persons authorized              operations.’’
      recognize when to initiate a fire alarm                  to see it. To be available means that it                 Several commenters submitted
      procedure and begin evacuation. A fire                   can be easily found, so the employer                  comments on the definition of
      watch needs to know when a fire has                      must first decide how the record is to be             ‘‘hazardous atmosphere’’ (Exs. 21–3; 21–
      progressed beyond the incipient stage,                   kept, and then make certain there is                  8; 21–14; 22–4; 22–15). NFPA
      when a fire alarm should be activated,                   easy access to it.                                    commented that the definition of
      and when evacuation should be                               This record must be kept until it is               ‘‘hazardous atmosphere’’ was taken
      initiated. The employer must make sure                   replaced by a worker’s new training                   from a general industry standard (29
      that fire watches are familiar with the                  record, or for one year from when the                 CFR 1910.146 Permit required confined
      type of alarm systems being used on the                  record was made, whichever is longest.                spaces) and inappropriately applied to a
      vessel where they are working.                           In the case of a worker who will no                   maritime industry context in the
         OSHA received no comment on                           longer perform fire watch duties, or is               proposed standard (Ex. 21–14). In
      proposed paragraphs (c)(2)(iii) through                  no longer employed at the shipyard,                   addition, there was concern that the use
      (c)(2)(xii) of § 1915.508 and they are                   OSHA requires the employer to keep                    of the term ‘‘dangerous atmosphere’’ in
      being adopted as paragraphs (e)(2)(iii)                  that employee’s training record for one               addition to ‘‘hazardous atmosphere’’
      through (e)(2)(xii).                                     year. This information may be relevant                was unnecessary and could cause
         Proposed paragraph (c)(3) of                          in determining whether the employer’s                 confusion (Exs. 21–14; 22–4). The term
      § 1915.508, now (e)(3), requires the                     fire watch training program was                       ‘‘dangerous atmosphere’’ was used in
      employer to ensure that each fire watch                  adequate, and for research on the                     the proposed standard in the note to
      is trained to alert others to exit the work              effectiveness of the standard. OSHA                   § 1915.507(c)(4) and was defined in

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00030   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                        55697

      § 1915.509. The term ‘‘hazardous                         to lighting a torch, but after all connections        simplified this definition to define a
      atmosphere’’ was used in §§ 1915.506(a)                  have been safely made, adjust the operating           designated area as ‘‘an area established
      and .508(b)(10) and defined in                           pressures by turning the adjusting screws             for ongoing hot work after an inspection
      § 1915.509. OSHA agrees with these                       clockwise. The pressure at the regulators             has determined that the area is free of
                                                               should be set slightly higher than the
      commenters. The term ‘‘hazardous                         required tip pressures. Close the manifold or
                                                                                                                     fire hazards.’’
      atmosphere’’ in §§ 1915.506(a) and                       cylinder supply valves and watch the gauges
                                                                                                                        The proposed definition of
      .508(b)(10) in the final standard has                    for at least sixty (60) seconds. Any drop in          ‘‘emergency operations’’ defined the
      been replaced with the term ‘‘dangerous                  pressure indicates a leak. Do not turn on the         activities performed by a fire response
      atmosphere’’ and the definition of                       supply valve again until the leak has been            organization. The last portion of the
      ‘‘hazardous atmosphere’’ in § 1915.509                   repaired. Other than pressure testing gas             definition included examples of special
      has been deleted. The proposed                           lines while submerged in water at test shops,         operations that may be performed, such
      definition of ‘‘dangerous atmosphere’’                   only the use of pressure gauges provides a            as HAZMAT release mitigation, standby
      has been carried forward unchanged                       positive measure of line integrity.                   for flight operations and off-site fires.
      into the final standard.                                   OSHA agrees with NGNN that a                        Because special operations could
         The Connecticut Department of Labor                   definition would be appropriate.                      include any number of activities in
      raised a question regarding the term                     However, OSHA has modified the                        addition to these examples, and the
      ‘‘incident management system’’ (IMS),                    definition of ‘‘drop test’’ in the final              examples did not add clarity to the
      asking: ‘‘Why does the proposed                          standard to read:                                     definition, they have been removed.
      standard change the customary verbiage                                                                            ‘‘Fire suppression’’ defines the
                                                                  * * * [M]ethod utilizing gauges to ensure
      of incident command system to incident                   the integrity of an oxygen fuel gas burning
                                                                                                                     activities involved in controlling and
      management system? Will this confuse                     system. The method requires that the burning          extinguishing fires. The proposed
      fire departments that will also be                       torch is installed to one end of the oxygen           definition included a list of the hazards
      involved in the firefighting?’’ (Ex. 22–4)               and fuel gas lines and then the gauges are            associated with fire suppression. OSHA
         While the Incident Command System                     attached to the other end of the hoses. The           realizes that the act of fire suppression
      (ICS) term is customary language often                   manifold or cylinder supply valve is opened           creates many hazards, and that
      used by firefighting professionals,                      and the system is pressurized. The manifold           employees must be protected from those
      OSHA proposed to use the IMS term to                     or cylinder supply valve is then closed and           hazards. However, the Agency has
      be consistent with the terms currently in                the gauges are watched for at least sixty (60)        deleted examples of these hazards from
      use by firefighting organizations and                    seconds. Any drop in pressure indicates a
                                                               leak. * * *
                                                                                                                     the definition since they are not a
      training institutions. However, OSHA is                                                                        necessary part of the definition of fire
      modifying the proposed definition of                        The final sentences of the NGNN                    suppression.
      IMS in § 1915.509 to match the                           suggestion are procedural rather than                    ‘‘Shipyard firefighting’’ is the activity
      definition used in NFPA 1500–2002,                       part of the definition and are therefore              of rescue, fire suppression, and property
      which is: ‘‘A system that defines the                    unnecessary.                                          conservation in all shipyard workplaces.
      roles and responsibilities to be assumed                    OSHA has added three additional                    The proposed definition included the
      by personnel and the operating                           new definitions to the final standard.                sentence: ‘‘Shipyard firefighting
      procedures to be used in the                             The definitions of ‘‘class II standpipe               includes any fire that requires a fire
      management and direction of emergency                    system,’’ ‘‘incipient stage fire,’’ and               attack hose line of 11⁄2 inch diameter or
      operations; the system is also referred to               ‘‘small hose system’’ have been added                 larger to fight, and self-contained
      as an incident command system (ICS)’’.                   for clarity. These definitions are                    breathing apparatus by responders.’’
      This modification does not change the                    identical to the definitions used in 29               OSHA did not want to imply that the
      meaning or intent of the proposed term,                  CFR 1910.155(c). In the NPRM (67 FR                   definition of shipyard firefighting was
      and is more consistent with the NFPA’s                   76241), OSHA referred to ‘‘incipient                  limited to the use of specific equipment.
      use of the term IMS. For more                            stage fire’’ as a definition used in Part             Therefore, the final definition does not
      discussion, see § 1915.505(d)(3) above.                  1910 that would also be utilized for this             include examples of specific equipment.
                                                               subpart. There were no comments
      Definitions Added to the Final Rule                                                                            Definitions Deleted by OSHA
                                                               received on this definition, nor any
         Marine Chemist Services, Inc.                         objections to using this definition from                OSHA has deleted three proposed
      suggested that a new definition be                       Part 1910. OSHA has also included                     definitions from the final standard; the
      added for ‘‘approved fire watch training                 ‘‘class II standpipe system’’ and ‘‘small             terms ‘‘affected employee,’’ ‘‘hot work,’’
      course.’’ As addressed in the discussion                 hose system’’ in this final standard                  and ‘‘shipyard employment.’’ No
      of § 1915.508 above, OSHA will be                        because they are technical terms used                 comments were received on these
      altering § 1915.508(c)(1) to require                     within the definition of incipient stage              definitions. The Agency decided to not
      training to be given by a qualified                      fire. Including these definitions in the              define ‘‘affected employees’’ since
      instructor. OSHA believes that there is                  final standard provides greater clarity               employers can make the determination
      no need for an additional definition for                 and reduces the need to reference Part                of who is affected. The terms ‘‘hot
      ‘‘approved fire watch training course’’                  1910 standards in the final standard.                 work’’ and ‘‘shipyard employment’’ are
      and has not added this term to the                                                                             both currently defined in § 1915.4 for
      definition section of the final standard.                Definitions Modified by OSHA
                                                                                                                     the entire part 1915. OSHA has
         NGNN suggested that OSHA add a                           In order to be more compatible with                concluded it is unnecessary to define
      description or a definition for ‘‘drop                   the regulatory text, and the remainder of             them again for this subpart.
      test’’ in order to clarify the term (Ex. 21–             Part 1915, OSHA has revised the
      8). Drop test is a term found in                         following definitions for clarity and                 Definitions Included Without Change
      § 1915.503(b)(2)(iv) ‘‘* * * and a drop                  uniformity. The proposed rule defined a                 OSHA did not receive comments on
      test is done using gauges or other                       ‘‘designated area’’ as ‘‘an area                      the remaining definitions and believes
      positive means. * * *’’ NGNN’s                           established for hot work after an                     that all of the terms used in this subpart
      suggested definition was:                                assessment of fire hazard potential of                are ‘‘terms of the industry’’ and are
        Method utilizing gauges to ensure the                  facilities, vessels, or vessel sections               universally recognized by shipyard
      integrity of an oxygen fuel gas system. Prior            such as a fabrication shop.’’ OSHA has                employees and employers. These terms

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00031   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55698           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      include ‘‘alarm,’’ ‘‘alarm system,’’ ‘‘body              OSHA to determine whether the                         per firm affected by the rule. As the
      harness,’’ ‘‘contract employer,’’                        Agency’s regulatory actions will have a               table shows, there are 717
      ‘‘designated area,’’ ‘‘fire hazard,’’ ‘‘fire             significant impact on a substantial                   establishments owned by 669 firms in
      protection,’’ ‘‘fire response,’’ ‘‘fire                  number of small entities. OSHA’s                      the industries. The industries employ
      response organization,’’ ‘‘fire watch,’’                 analysis indicates that the final rule will           97,822 workers, of whom 70 percent are
      ‘‘fixed extinguishing system,’’                          not have significant impacts on a                     production employees.
      ‘‘flammable liquid,’’ ‘‘hazardous                        substantial number of small entities.                    The Passenger Vessel Association
      substance,’’ ‘‘hose systems,’’ ‘‘host                    OSHA’s Final Economic Analysis (FEA)                  (PVA) commented that there may be
      employer,’’ ‘‘inerting,’’ ‘‘interior                     and regulatory flexibility analysis                   considerably more employers with ‘‘[n]o
      structural firefighting operations,’’                    include: A description of the industries              more than 250 employees who have
      ‘‘multi-employer workplace,’’ ‘‘personal                 potentially affected by the standard; an              employees engaged in ‘‘shipyard
      alert safety system,’’ ‘‘physically                      evaluation of the risks addressed; an                 employment’’ but that are not included
      isolated,’’ ‘‘physical isolation,’’                      assessment of the benefits attributable to            in the government’s shipbuilding and
      ‘‘protected space,’’ ‘‘proximity                         the final standard; a determination of                shipbreaking categories.’’ (Ex. 21–9).
      firefighting,’’ ‘‘qualified instructor,’’                the technological feasibility of the                  PVA further stated: ‘‘If your estimate of
      ‘‘rescue,’’ and ‘‘standpipe.’’ Therefore,                requirements of the standard; an                      621 affected companies with no more
      OSHA has adopted these proposed                          estimate of the costs employers will                  than 250 employees is too low, as we
      definitions in this final standard.                      incur to comply with the standard; A                  suspect it is, then you have
                                                               determination of the economic                         underestimated the total costs and
      IV. Summary of the Final Economic
                                                               feasibility of compliance with the                    economic impacts of the proposed
      and Regulatory Flexibility Analysis
                                                               standard; and an analysis of the                      standard.’’ OSHA derived the estimate
      Introduction                                             economic and other impacts associated                 of establishments having less than 250
         OSHA’s Final Economic and                             with this rulemaking, including those                 employees (alternate definition of a
      Regulatory Flexibility Analysis                          on small businesses. The FEA has been                 small firm) from a manipulation of the
      addresses issues related to the costs,                   provided to the docket as Ex. 23. This                SBA and Bureau of the Census (BOC)
      benefits, technological feasibility, and                 section of the preamble summarizes the                County Business Patterns data. This
      economic impacts (including small                        results of that analysis.                             involved OSHA applying the
      business impacts) of the Agency’s ‘‘Fire                 Affected Industries                                   distribution of County Business Patterns
      Protection in Shipyard Employment’’                                                                            for the categories of 100–249 employees
      standard. This analysis also evaluates                      The final Fire Protection in Shipyard              and 250–499 employees to the profile
      the non-regulatory alternatives to this                  Employment standard will affect all                   data for the SBA 100–499 size
      standard.                                                establishments in the shipbuilding,                   classification. Having thus estimated
         The final standard will affect                        shipbreaking, and ship repair industries.             SBA profile data for the firm size
      approximately 669 employers and about                    These include large shipyards,                        classification of 250–499 employees,
      98,000 employees in the shipbuilding,                    government shipyards, and shipyards                   OSHA subtracted these data totals from
      ship repair and shipbreaking industries.                 operated under Navy contracts,                        the totals for the size classification 1–
      OSHA estimates that the final standard                   operations owning a dock or dry dock,                 500 employees presented in Table II–1
      will prevent 1 death and 292 workplace                   and the vast majority of small firms that             in the FEA; this calculation yielded SBA
      injuries (102 lost workday injuries and                  perform shipbuilding and repair work,                 totals for a size category of 1–250
      190 non-lost workday injuries)                           such as metal fabricators, painters,                  employees shown in Column 9 in Table
      annually. The Agency estimates                           asbestos removal, etc., who do not own                II–2 in the FEA. (Ex. 23). This was
      approximately $6.2 million in cost                       or rent docks. For purposes of this                   necessary because neither data source
      savings from these 292 injuries.                         analysis, OSHA has defined small firms                publishes establishment counts using
         OSHA has determined that this final                   as: (1) Firms with fewer than 1,000                   this size classification. PVA did not
      standard is not an economically                          employees (the Small Business                         supply OSHA with the necessary data to
      significant regulatory action under E.O.                 Administration (SBA) definition of                    refute the Agency’s findings, thus OSHA
      12866 and not a major rule under the                     small businesses in this sector); (2) firms           is continuing to use its mathematical
      Congressional Review provisions of the                   with fewer than 250 employees (the                    method of estimation with the SBA data
      Small Business Regulatory Enforcement                    definition of small business                          using the BOC distribution percentages.
      Fairness Act. OSHA has provided the                      recommended by the negotiated                         In summary, OSHA has used the best
      Office of Information and Regulatory                     rulemaking committee); and (3) firms                  available data for the purpose of
      Affairs with an assessment of the costs,                 with fewer than 20 employees. OSHA                    estimating the number of affected
      benefits, and alternatives, as required by               has based its estimates of number of                  entities. It is possible that these data
      section 6(a)(3)(C) of E.O. 12866, which                  firms, establishments, employment, and                omit some firms that engaged in
      is summarized below. Executive Order                     wages on general Bureau of Labor                      shipbuilding, shipbreaking and ship
      (EO) 12866 requires regulatory agencies                  Statistics (BLS) and Department of                    repair—particularly establishments that
      to conduct an economic analysis for                      Commerce data for the standard                        do this as only a small part of their total
      rules that meet certain criteria. The most               industrial classification (SIC) codes for             work. However, there are no data
      frequently used criterion under EO                       shipbuilding and ship repair 3731 and                 available on the number of such
      12866 is that the rule will impose                       shipbreaking 4499. OSHA has based its                 establishments. Conversely, OSHA may
      annual costs on the economy of $100                      estimates concerning revenues of firms                have overestimated the costs by
      million or more. Neither the benefits nor                on SBA data, and concerning profit rates              including some employees as working
      the costs of this rule exceed $100                       on Robert Morris Associate’s data. Table              in establishments that are primarily
      million.                                                 IV–1 shows the total number of                        engaged in shipbuilding, shipbreaking,
         The Regulatory Flexibility Act of 1980                establishments, number of firms,                      and repair when they actually work in
      (RFA), as amended in 1996, requires                      employment, and revenues and profits                  other industries.

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00032   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                       Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                                        55699

                                                TABLE IV–1.—INDUSTRIAL PROFILE OF EMPLOYEES AND ESTABLISHMENTS
                                                                                                  1–19               1–250            1–1,000          >1,000       Entire affected
                                 Industry characteristic                                        Employees          Employees         Employees        Employees        industry

      Total Establishments ............................................................                  412                 621                697            20             717
      Total Firms ...........................................................................            412                 607                660             9             669
      Total Employees ..................................................................               2,305              14,774             39,063        58,759          97,822
      Revenues Per Firm ($1,000’s) .............................................                       $653               $2,353             $5,907      $718,166         $15,540
      Profits Per Firm ($1,000) .....................................................                    $24                 $85               $213       $25,854            $559
         Source: Office of Regulatory Analysis, OSHA.

      Evaluation of Risk and Potential                                        permanent partial disabilities, an                     ten years, which the employer is
      Benefits                                                                income-based measure derived from                      projected to spend to comply with the
         For this Final Economic Analysis,                                    estimates of workers’ compensation                     standard. These estimates are based on
      OSHA used the same approach as in the                                   indemnity payments; reductions in                      the employment and establishment
      Preliminary Economic Analysis (PEA)                                     accident-related medical costs;                        counts in the Industrial Profile and the
      used in the proposed rule. The PEA                                      administrative expenses incurred by                    dollar costs needed to comply with the
      involved developing a profile of the                                    workers’ compensation insurers; and                    standard. In addition to the employment
      risks facing workers in shipyards that                                  indirect costs related to productivity                 and establishment counts, these
      might be affected by the standard.                                      losses, work stoppages, and accident                   estimates also include non-compliance
      OSHA’s risk profile for exposure to fire-                               investigations and reports. Applying                   rates to account for establishments that
      based risks in shipyards is based on data                               data from the insurance industry on the                have already complied with the
      from the BLS’ National Census of Fatal                                  direct costs of accidents and data from                requirements.
      Occupational Injuries, data from the                                    the literature on the indirect costs of                   Thus, OSHA estimates that the final
      BLS’ Survey of Occupational Injuries                                    accidents and other administrative-                    standard will prevent approximately
      and Illnesses, and an analysis of OSHA                                  related costs to OSHA’s preliminary                    292 injuries and one death per year. As
      fatality/catastrophe inspection data                                    estimate of avoided injuries, the Agency
                                                                                                                                     a result of prevention of the injuries,
      obtained from the Agency’s Integrated                                   monetized the value of the cost savings
                                                                                                                                     OSHA estimates that there will be direct
      Management Information System.                                          employers and society will accrue by
                                                                                                                                     cost savings to society of $6.2 million
         OSHA anticipates that the final                                      avoiding these injuries. OSHA estimates
                                                                                                                                     per year, excluding savings associated
      standard will significantly reduce the                                  that annual costs savings of $6.2 million
                                                                                                                                     with reduced property damage and
      number of fire and explosion related                                    will result from compliance with the
                                                                                                                                     reduced fire response costs. For
      incidents and resulting injuries and                                    final standard. These savings are those
                                                                                                                                     informational purposes, OSHA also
      fatalities currently reported in the                                    associated with injuries due to fires.
                                                                                                                                     estimates $6.3 million in cost savings
      shipyard industry. OSHA believes that                                   OSHA did not attempt to quantify the
                                                                                                                                     from the 1 prevented death, for a total
      the final standard’s requirements for                                   cost savings resulting from reduced fire
                                                                                                                                     of $12.5 million in monetized benefits.
      inspection prior to hot work, fire                                      damage to property and reduced need to
      watches, planning, and training will                                    respond to fires.                                      Technological Feasibility and
      help to save lives and prevent injuries                                    Some commenters questioned:                         Compliance Costs
      in the shipyard workforce. OSHA                                         ‘‘[H]ow can there be a general savings
      estimates that approximately 1 fatality,                                for the shipyards if they are spending                   Consistent with the legal framework
      110 injuries involving days away from                                   more money on both training and                        established by the OSH Act, Executive
      work, and 204 injuries not involving                                    equipment in order to meet the new                     Order 12866, and court decisions,
      days away from work occur annually                                      requirements of the proposed rule?’’                   OSHA has assessed the technological
      among shipyard workers due to fire and                                  [Exs. 21–4, 21–5, 21–6, 21–7, 21–13, 21–               feasibility of the fire protection in
      explosions. This is the current industry                                16, 22–1, and 22–2]. This general                      shipyards standard. The standard does
      risk baseline used in this analysis.                                    savings (or cost savings) estimate is                  not require any practices not already
      OSHA projects that full compliance                                      based on the estimated reduction in                    undertaken in many shipyards today.
      with the proposed standard would                                        injury-related costs due to the standard               Moreover, the final standard is based on
      annually prevent 0.88 fatalities, 102                                   (developed in the Benefits chapter).                   a consensus draft recommended to the
      injuries involving days away from work,                                 This estimate includes indemnity                       Agency by a negotiated rulemaking
      and 190 injuries not involving days                                     payments, lost income, medical costs,                  committee (the Committee) consisting of
      away from work. No comments were                                        and administrative costs for both                      representatives from labor, government,
      received regarding these estimated                                      temporary total disability and                         and industry. These representatives
      benefits.                                                               permanent partial disability injuries.                 included small employers who would
         In addition to saving lives and                                      These cost savings accrue partially to                 be affected by changes to the maritime
      improving overall safety in shipyards,                                  individual employers, partially to the                 regulations. The Committee reached
      OSHA believes that full compliance                                      industry as a whole, partially to the                  consensus on the language of the draft,
      with the final standard would yield                                     government in the form of reduced                      thereby implicitly acknowledging the
      substantial cost savings to parties within                              taxes, and partially to injured                        feasibility of the proposed revisions to
      and connected with the industry and                                     employees. Thus, the cost savings are                  the standard. Therefore, based on the
      ultimately to society as a whole. These                                 not necessarily savings to employers,                  fact that many firms in the industry are
      monetized benefits take the form of                                     but savings to society as a whole.                     already implementing the controls and
      reductions in employer and insurer                                         On the other hand, the annualized                   practices required by the standard and
      accident-related costs in several areas:                                compliance costs estimates are                         that the Committee reached consensus
      Value of lost output associated with                                    annualized costs to employers,                         on the proposed revisions, OSHA has
      temporary total disabilities and                                        discounted using a 7 percent rate over                 determined that the final fire protection

VerDate jul<14>2003       13:13 Sep 14, 2004        Jkt 203001      PO 00000       Frm 00033    Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55700           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      in shipyard employment standard is                       the U.S. Navy. The Navy already                             (revenue) increase required to pay for
      technologically feasible.                                requires its shipyard contractors to                        these costs would be less than 0.1
         OSHA developed estimates of the                       employ fire watches for hot work. The                       percent (0.04 percent). Given the
      costs of compliance for shipyard                         Agency also received comment on the                         minimal impact on both prices and
      employers subject to the final standard.                 cost of supplying pressure gauges for                       profits, OSHA concludes that the
      To develop these estimates, OSHA first                   drop tests of fuel gas and oxygen hoses                     regulation is economically feasible. To
      examined the extent to which shipyard                    (Exs. 21–4; 21–5; 21–6; 21–7; 21–13; 21–                    the contrary, NNGN stated in its
      employers were already in compliance                     17; 22–2). The final standard does not                      comments that it has serious concerns
      with the requirements of the standard as                 require employers to perform drop tests                     with several aspects of the proposed
      a result of existing OSHA requirements,                  with gauges, since hoses can simply be                      rule that will result in more than $35
      compliance with rules of other parties                   rolled back to the supply manifold.                         million annually to its company with
      (such as the U.S. Navy in some                           Since this is the least cost alternative,                   little to no added benefit to its health
      shipyards), and compliance with                          the Agency did not include estimates of                     and safety program or the industry at
      voluntary codes and good practices.                      costs for gauges.                                           large (Ex. 21–8). NGNN is a large
      Eliminating provisions for which there                                                                               shipyard with ‘‘845 trained and
      is already substantial compliance,                       TABLE IV–2.—TOTAL ANNUALIZED                                qualified fire wardens whose primary
      OSHA arrived at the list of activities for                 COMPLIANCE COST PER REQUIRE-                              responsibilities are fire prevention and
      which shipyard employers would incur                       MENT FOR THE PROPOSED STAND-                              emergency evacuation and 3,325 fire
      costs shown in Table IV–2. Table IV–2                                                                                watch qualified employees whose
      shows that the annualized costs of the                                                                               primary responsibility is fire prevention
      final standard are $4.3 million per year.                                                              Annualized    and response in support of a specific hot
      Ninety-one percent of the costs are                                 Requirement                                      work job.’’ (Id.) In addition, the
      associated with fire watch-related                                                                                   company reports that it has ‘‘long-
      provisions; most of these costs are for                  Posting Fire Watches ...........               $3,789,057   standing fire safety practices that in
      posting additional fire watch personnel                  Safe Work Practices .............                 245,839   many cases go beyond that required in
      in situations in which fire watches are                  Fire Watch Written Program                         36,546   existing regulations, as well as the
      not currently being posted.                              Fire Response Policy ...........                   11,630
                                                                                                                           proposed standard.’’ OSHA is perplexed
         Many commenters stated that: ‘‘[T]he                  Fire Safety Plan ....................              36,546
                                                               Fire Watch Training ..............                 95,204   by NGNN’s assertion that the rule will
      analysis estimates that for the industry                 Fire Safety Plan Review/                                    result in costs of more than $35 million
      as a whole, the average cost per                            General Training ...............                37,327   annually to this company. The Agency
      employee for training is around $1.’’                    Fire Protection Systems                                     assumed that this firm was in
      (Exs. 21–4, 21–5, 21–6, 21–7, 21–13, 22–                    Training .............................           9,642   compliance with the requirements of the
      1, 22–2). These same commenters state                    Fire Response Training ........                    49,430   final standard, which seems to be
      that the additional requirements for                                                                                 validated by its comments. Thus, this
      annual fire safety and fire watch                              Total ...............................     4,261,222
                                                                                                                           company would not incur a high
      training would increase the training                      Numbers do not total due to rounding.                      compliance cost burden and its
      time from 0.5 hours to 1 hour per                         Source: Office of Regulatory Analysis,                     economic impact would be minimal.
      employee, suggesting a far greater                       OSHA.
      additional cost than $1 per employee.                    Economic Impacts                                                TABLE IV–3.—ECONOMIC IMPACTS
      One commenter stated that it employs                                                                                        FOR THE FINAL STANDARD
      117 employees with a training cost of                       OSHA analyzed the impacts of these
      $850 per employee (Ex. 21–13). OSHA                      compliance costs on firms in the
                                                                                                                                                      Compliance    Compliance
      assumed that large establishments are in                 shipbuilding and repair sector. In order                                                costs as a   costs as a
                                                               to do this, OSHA determined costs as a                            Firm size
      compliance with the training                                                                                                                    percentage    percentage
      requirements, thus they would not incur                  percentage of revenues and costs as a                                                  of revenues    of profits
      new training cost burdens. Even in                       percentage of profits. These two
                                                               measures (in percent) correspond to two                      All Firms ............           0.04           1.14
      smaller size establishments, OSHA                                                                                     1–19 Employees                   0.11           3.09
      estimated that some employers now                        assumptions used by economists to                            1–250 employ-
      comply with these training                               bound the range of possible impacts:                           ees ................           0.07           1.83
      requirements. (Table V–1 on page V–4                     The assumption of no-cost pass-through,                      1–1000 Employ-
      of the FEA (Ex. 23)). Further, not all                   i.e., that employers will be unable to                         ees (SBA Def-
      employees need fire watch training.                      pass any of the costs of compliance                            inition) ............          0.06           1.61
      Finally, OSHA computed an annualized                     forward to their customers (compliance                       Source:         Office    of   Regulatory   Analysis,
      cost in which it assumed that most                       costs as a percentage of profits), and the                  OSHA.
      training occurs in the initial year and                  assumption of full-cost pass-through
                                                               (compliance costs as a percentage of                        Regulatory Flexibility Analysis
      would not need to be repeated for all
      workers. These costs only apply to small                 revenues), i.e., that employers will be                       The Regulatory Flexibility Act of 1980
      and medium size establishments that                      able to pass all of the costs of                            (RFA), as amended in 1996 (5 U.S.C.
      were estimated to not be in compliance                   compliance forward to their customers.                      601 et seq.), requires regulatory agencies
      with the final standard. Therefore, the                  As summarized in Table IV–3 below,                          to determine whether regulatory actions
      similarity between the estimate for Fire                 OSHA estimates that, if affected firms in                   will adversely affect small entities. SBA
      Watch Training ($95,204) in Table V–2                    the shipbuilding sector were forced to                      defines small entities in terms of
      of the proposed rule and the number of                   absorb these compliance costs entirely                      number of employees or annual
      estimated employees (97,822) in Table                    from profits (a highly unlikely scenario),                  receipts. For employers in SIC 3731
      V–1 of the proposed rule is merely                       profits would be reduced by an average                      (shipbuilding and repair), small firms
      coincidence (67 FR 76242–76243).                         of 1.14 percent. If, at the other extreme,                  are defined by SBA as those with fewer
         In regard to the provisions on training               affected firms were able to pass all of                     than 1,000 employees. As shown in
      and use of fire watches, the majority of                 these compliance costs forward to their                     Table IV–3, for firms with fewer than
      shipbuilding and repair activity is for                  customers, OSHA projects that the price                     1,000 employees, costs are 1.61 percent

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00034      Fmt 4701      Sfmt 4700   E:\FR\FM\15SER2.SGM    15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                        55701

      of profits and 0.06 percent of revenues.                 significant economic effect on a                      IX. Federalism
      OSHA also examined costs as a                            substantial number of small entities.                    OSHA has reviewed this final rule in
      percentage of profits and revenues for                                                                         accordance with the Executive Order on
                                                               VI. Environmental Impact Assessment
      firms with fewer than 250 employees, as                                                                        Federalism (Executive Order 13132, 64
      recommended by the Committee, and                          In accordance with the requirements                 FR 43255) which requires that agencies,
      for firms with fewer than 20 employees                   of the National Environmental Policy                  to the extent possible, refrain from
      to see whether there might be significant                Act (NEPA) of 1969 (42 U.S.C. 4321 et                 limiting state policy options, consult
      impacts on the very smallest firms. For                  seq.), Council on Environmental Quality               with states prior to taking any actions
      firms with fewer than 250 employees,                     regulations (40 U.S.C. part 1500 et seq.),            that would restrict state policy options,
      costs were 1.83 percent of profits and                   and the Department of Labor’s NEPA                    and take such actions only when there
      0.07 percent of revenues. For firms with                 regulations (29 CFR part 11), the                     is clear constitutional authority and the
      fewer than 20 employees, costs were                      Assistant Secretary has determined that               presence of a problem of national scope.
      3.09 percent of profits and 0.11 percent                 this final rule will not have a significant           The Order provides for preemption of
      of revenues.                                             impact on the external environment.
         A major source of these disparate                                                                           State law only if there is a clear
      impacts is lower levels of baseline                      VII. Paperwork Reduction Act                          Congressional intent for the Agency to
      compliance by small firms. Although                                                                            do so. Any such preemption is to be
                                                                  This final rule contains several                   limited to the extent possible.
      the economic impacts on the smallest                     collections of information (paperwork)
      size class of employers are low, they are                                                                         Section 18 of the OSH Act (29 U.S.C.
                                                               requirements that are subject to review               651 et seq.) expresses Congress’ intent to
      somewhat higher than for larger                          by the Office of Management and
      employers.                                                                                                     preempt state laws where OSHA has
                                                               Budget (OMB) under the Paperwork                      promulgated occupational safety and
         OSHA has set the criteria that if costs               Reduction Act of 1995 (PRA–95), 44
      exceed one percent of revenues or five                                                                         health standards. Under the OSH Act, a
                                                               U.S.C. 3501 et seq., and its regulation at            state can avoid preemption on issues
      percent of profits, then the impact on                   5 CFR 1320. A collection of information
      small entities is considered significant                                                                       covered by Federal standards only if it
                                                               is defined in PRA–95 to mean ‘‘the                    submits, and obtains Federal approval
      for purposes of complying with the                       obtaining, causing to be obtained,
      RFA. For all of the classes of affected                                                                        of, a plan for the development of such
                                                               soliciting, or requiring the disclosure to            standards and their enforcement (State-
      small firms in the shipbuilding and                      third parties or the public of facts or
      repair and shipbreaking sectors, costs                                                                         Plan state). 29 U.S.C. 667. Occupational
                                                               opinions by or for an agency regardless               safety and health standards developed
      were less than one percent of revenues                   of form or format.’’ (44 U.S.C.
      and five percent of profits. OSHA                                                                              by such State-Plan states must, among
                                                               3502(3)(A).                                           other things, be at least as effective in
      therefore certifies that this regulation
                                                                  In the preamble to the proposed rule,              providing safe and healthful
      will not have an economically
                                                               OSHA asked for comment on each of the                 employment and places of employment
      significant impact on a substantial
                                                               paperwork requirements in Subpart P                   as the Federal standards. As Congress
      number of small entities. The Agency
                                                               (67 FR 76243–76246). OSHA received                    has expressed a clear intent for OSHA
      did not receive any substantive
                                                               no comments on the paperwork burdens                  standards to preempt State job safety
      comments on this portion of the
                                                               or OSHA’s estimation of those burdens.                and health rules in areas addressed by
                                                               Therefore, the Agency has made no                     OSHA standards, in States without
      Non-Regulatory Alternatives                              changes to the paperwork package.                     OSHA-approved State plans, this rule
         OSHA concludes that economic and                      OSHA estimates the total burden hours                 limits State policy options only to the
      social alternatives to a federal                         associated with all of the collection of              extent required by law. In States with
      workplace standard fail to adequately                    information requirements at 5,344                     OSHA-approved State Plans, this action
      protect workers from the hazards                         burden hours in the first year and 4,788              does not significantly limit State policy
      associated with fires in the shipbuilding                burden hours in the second and                        options.
      and repair and shipbreaking industries.                  subsequent years.
                                                                  Potential respondents are not required             X. State-Plan States
      Tort liability laws and workers’
      compensation provide some protection,                    to respond to the information collection                 The 26 States or U.S. Territories with
      but institutional factors limit effective                requirements until they have been                     their own OSHA approved occupational
      means of addressing the significant                      approved by OMB, and a currently valid                safety and health plans must revise their
      costs of occupational injuries and                       OMB control number is displayed. OMB                  standards to reflect this final standard or
      illnesses. Therefore, OSHA finds that                    is currently reviewing OSHA’s request                 show OSHA why there is no need for
      this final standard will provide the                     for approval of the 29 CFR Part 1915                  action, e.g., because an existing state
      necessary remedy.                                        Subpart P information collections.                    standard covering this area is already
                                                               OSHA will publish a subsequent                        ‘‘at least as effective as’’ the new Federal
      V. Regulatory Flexibility Certification                  Federal Register document when OMB                    standard. The state standard must be at
         In accord with the Regulatory                         takes further action on the information               least as effective as this final standard,
      Flexibility Act, OSHA has examined the                   collection requirements in the shipyard               must be applicable to both the private
      regulatory requirements of the final rule                fire protection rule.                                 and public (State and local government
      to determine if it will have a significant                                                                     employees) sectors, and must be
                                                               VIII. Unfunded Mandates
      economic effect on a substantial number                                                                        completed within six months of the
      of small entities. As indicated in the                     For the purposes of the Unfunded                    publication date of this final Federal
      previous section of this preamble, the                   Mandates Reform Act of 1995, this rule                rule.
      final standard does not increase                         does not include any Federal mandate                     Currently only five States (California,
      employers’ compliance costs, and may                     that may result in increased                          Minnesota, Oregon, Vermont, and
      even reduce the regulatory burden on all                 expenditures by State, local, and tribal              Washington) with their own State plans
      affected employers, both large and                       governments, or increased expenditures                cover private sector onshore maritime
      small. Accordingly, the Agency certifies                 by the private sector of more than $100               activities in whole or in part. Federal
      that the final standard does not have a                  million in any year.                                  OSHA enforces maritime standards

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00035   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55702           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      offshore in all States and provides                      Fire Protection Association, 1                        I 3. § 1915.52 [Removed]
      onshore coverage of maritime activities                  Batterymarch Park, PO Box 9101,                         Remove § 1915.52.
      in Federal OSHA States, in the five                      Quincy, MA 02269–9101:
                                                                                                                     I 4. Part 1915 is amended by adding a
      States above, to the extent not covered                    (i) NFPA 1981–1997, Standard on
                                                                                                                     new subpart, subpart P, to read as
      by them, and in all the other State Plan                 Open-Circuit Self-Contained Breathing
      States: Alaska, Arizona, Connecticut                     Apparatus for the Fire Service, IBR
      (plan covers only State and local                        approved for § 1915.505(e)(3)(v).                     Subpart P—Fire Protection in Shipyard
      government employees), Hawaii,                             (ii) NFPA 1971–2000, Standard on                    Employment
      Indiana, Iowa, Kentucky, Maryland,                       Protective Ensemble for Structural Fire               Sec.
      Michigan, Nevada, New Jersey (plan                       Fighting, IBR approved for                            1915.501 General provisions.
      covers only State and local government                   § 1915.505(e)(4)(ii).                                 1915.502 Fire safety plan.
      employees), New Mexico, New York                           (iii) NFPA 1976–2000, Standard on                   1915.503 Precautions for hot work.
                                                               Protective Ensemble for Proximity Fire                1915.504 Fire watches.
      (plan covers only State and local
                                                               Fighting, IBR approved for                            1915.505 Fire response.
      government employees), North Carolina,                                                                         1915.506 Hazards of fixed extinguishing
      Puerto Rico, South Carolina, Tennessee,                  § 1915.505(e)(5).                                          systems on board vessels and vessel
      Utah, Virginia, Virgin Islands (plan                       (iv) NFPA 1982–1998, Standard on                         sections.
      covers only territorial government                       Personal Alert Safety Systems (PASS),                 1915.507 Land-side fire protection systems.
      employees), and Wyoming. All State                       IBR approved for § 1915.505(e)(6)(ii).                1915.508 Training.
      Plans must also extend protection to any                   (v) NFPA 1983–2001, Standard on                     1915.509 Definitions applicable to this
      public sector workers engaged in                         Fire Service Life Safety Rope and                          subpart.
      maritime activities.                                     System Components, IBR approved for                   Appendix A to Subpart P—Model Fire Safety
                                                               § 1915.505(e)(7)(i).                                       Plan (Non-Mandatory)
      List of Subjects in 29 CFR Part 1915                       (vi) NFPA 10–1998, Standard for                     § 1915.501       General provisions.
        Fire protection, Hazardous                             Portable Fire Extinguishers, IBR
      substances, Incorporation by reference,                  approved for § 1915.507(b)(1).                           (a) Purpose. The purpose of the
      Longshore and harbor workers,                              (vii) NFPA 14–2000, Standard for the                standard in this subpart is to require
      Occupational safety and health,                          Installation of Standpipe, Private                    employers to protect all employees from
      Reporting and recordkeeping                              Hydrant, and Hose Systems, IBR                        fire hazards in shipyard employment,
      requirements, Shipyards, Vessels.                        approved for § 1915.507(b)(2) and (d)(1).             including employees engaged in fire
                                                                 (viii) NFPA 72–1999, National Fire                  response activities.
      XI. Authority and Signature                              Alarm Code, IBR approved for                             (b) Scope. This subpart covers
         This document was prepared under                      § 1915.507(c)(6).                                     employers with employees engaged in
      the direction of John L. Henshaw,                          (ix) NFPA 13–1999, Installation of                  shipyard employment aboard vessels
      Assistant Secretary of Labor for                         Sprinkler Systems, IBR approved for                   and vessel sections, and on land-side
      Occupational Safety and Health, U.S.                     § 1915.507(d)(2).                                     operations regardless of geographic
      Department of Labor, 200 Constitution                      (x) NFPA 750–2000, Standard on                      location.
      Avenue, NW., Washington, DC 20210. It                    Water Mist Fire Protection Systems, IBR                  (c) Employee participation. The
      is issued pursuant to sections 4, 6, and                 approved for § 1915.507(d)(2).                        employer must provide ways for
      8 of the Occupational Safety and Health                    (xi) NFPA 25–2002, Inspection,                      employees or employee representatives,
      Act of 1970 (29 U.S.C. 653, 655, 657);                   Testing, and Maintenance of Water-                    or both to participate in developing and
      Secretary of Labor’s Order No. 5–2002                    Based Fire Protection Systems, IBR                    periodically reviewing programs and
      (67 FR 65008); and 29 Part 1911.                         approved for § 1915.507(d)(2).                        policies adopted to comply with this
                                                                 (xii) NFPA 15–2001, Standard for                    subpart.
        Signed in Washington, DC, this 7th day of
      September, 2004.
                                                               Water Spray Fixed Systems for Fire                       (d) Multi-employer worksites. (1) Host
                                                               Protection, IBR approved for                          employer responsibilities. The host
      John L. Henshaw,
                                                               § 1915.507(d)(3).                                     employer’s responsibilities are to:
      Assistant Secretary of Labor.                              (xiii) NFPA 11–1998, Standard for
      I OSHA amends 29 CFR Part 1915 as                                                                                 (i) Inform all employers at the
                                                               Low-Expansion Foam, IBR approved for
      follows:                                                                                                       worksite about the content of the fire
                                                               § 1915.507(d)(3).
                                                                 (xiv) NFPA 11A–1999, Standard for                   safety plan including hazards, controls,
      PART 1915—[AMENDED]                                      Medium- and High-Expansion Foam                       fire safety and health rules, and
                                                               Systems, IBR approved for                             emergency procedures;
      I  1. The authority citation for part 1915                                                                        (ii) Make sure the safety and health
      is revised as follows:                                   § 1915.507(d)(3).
                                                                 (xv) NFPA 17–2002, Standard for Dry                 responsibilities for fire protection are
        Authority: Sec. 41, Longshore and Harbor               Chemical Extinguishing Systems, IBR                   assigned as appropriate to other
      Workers’ Compensation Act (33 U.S.C. 941);               approved for § 1915.507(d)(4).                        employers at the worksite; and
      secs. 4, 6, and 8 of the Occupational Safety                                                                      (iii) If there is more than one host
      and Health Act of 1970 (29 U.S.C. 653, 655,
                                                                 (xvi) NFPA 12–2000, Standard on
                                                               Carbon Dioxide Extinguishing Systems,                 employer, each host employer must
      657); Secretary of Labor’s Order No. 12–71
      (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48               IBR approved for § 1915.507(d)(5).                    communicate relevant information
      FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR                   (xvii) NFPA 12A–1997, Standard on                  about fire-related hazards to other host
      111), 3–2000 (65 FR 50017), or 5–2002 (67 FR             Halon 1301 Fire Extinguishing Systems,                employers. When a vessel owner or
      65008) as applicable; 29 CFR Part 1911.                  IBR approved for § 1915.507(d)(5).                    operator (temporarily) becomes a host
      I 2. In § 1915.5, add paragraph (d)(4) to                   (xviii) NFPA 2001–2000, Standard on                shipyard employer by directing the
      read as follows:                                         Clean Agent Fire Extinguishing                        work of ships’ crews on repair or
                                                               Systems, IBR approved for                             modification of the vessel or by hiring
      § 1915.5    Incorporation by reference.                  § 1915.507(d)(5).                                     other contractors directly, the vessel
      *     *     *    *    *                                     (xix) NFPA 1403–2002, Standard on                  owner or operator must also comply
        (d)(4) The following material is                       Live Fire Training Evolutions, IBR                    with these provisions for host
      available for purchase from the National                 approved for § 1915.508(d)(8).                        employers.

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00036   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                       55703

        (2) Contract employer responsibilities.                worksite has been given a copy of the                 using a drop test or other positive means
      The contract employer’s responsibilities                 current plan.                                         to ensure the integrity of fuel gas and
      are to:                                                    (e) Contract employers. Contract                    oxygen burning system.
        (i) Make sure that the host employer                   employers in shipyard employment
      knows about the fire-related hazards                     must have a fire safety plan for their                § 1915.504       Fire watches.
      associated with the contract employer’s                  employees, and this plan must comply                     (a) Written fire watch policy. The
      work and what the contract employer is                   with the host employer’s fire safety                  employer must create and keep current
      doing to address them; and                               plan.                                                 a written policy that specifies the
        (ii) Advise the host employer of any                                                                         following requirements for employees
      previously unidentified fire-related                     § 1915.503       Precautions for hot work.            performing fire watch in the workplace:
      hazards that the contract employer                          (a) General requirements. (1)                         (1) The training employees must be
      identifies at the worksite.                              Designated Areas. The employer may                    given (§ 1915.508(c) contains detailed
                                                               designate areas for hot work in sites                 fire watch training requirements);
      § 1915.502      Fire safety plan.                        such as vessels, vessel sections,                        (2) The duties employees are to
         (a) Employer responsibilities. The                    fabricating shops, and subassembly                    perform;
      employer must develop and implement                      areas that are free of fire hazards.                     (3) The equipment employees must be
      a written fire safety plan that covers all                  (2) Non-designated Areas. (i) Before               given; and
      the actions that employers and                           authorizing hot work in a non-                           (4) The personal protective equipment
      employees must take to ensure                            designated area, the employer must                    (PPE) that must be made available and
      employee safety in the event of a fire.                  visually inspect the area where hot work              worn as required by 29 CFR Part 1915,
      (See Appendix A to this subpart for a                    is to be performed, including adjacent                Subpart I.
      Model Fire Safety Plan.)                                 spaces, to ensure the area is free of fire               (b) Posting fire watches. The employer
         (b) Plan elements. The employer must                  hazards, unless a Marine Chemist’s                    must post a fire watch if during hot
      include the following information in the                 certificate or Shipyard Competent                     work any of the following conditions are
      fire safety plan:                                        Person’s log is used for authorization.               present:
         (1) Identification of the significant fire               (ii) The employer shall authorize                     (1) Slag, weld splatter, or sparks might
      hazards;                                                 employees to perform hot work only in                 pass through an opening and cause a
         (2) Procedures for recognizing and                    areas that are free of fire hazards, or that          fire;
      reporting unsafe conditions;                             have been controlled by physical                         (2) Fire-resistant guards or curtains
         (3) Alarm procedures;                                 isolation, fire watches, or other positive            are not used to prevent ignition of
         (4) Procedures for notifying                          means.                                                combustible materials on or near decks,
      employees of a fire emergency;                                                                                 bulkheads, partitions, or overheads;
                                                                 Note to paragraph (a)(2): The requirements             (3) Combustible material closer than
         (5) Procedures for notifying fire
                                                               of paragraph (a)(2) apply to all hot work
      response organizations of a fire                                                                               35 ft. (10.7m) to the hot work in either
                                                               operations in shipyard employment except
      emergency;                                               those covered by § 1915.14.                           the horizontal or vertical direction
         (6) Procedures for evacuation;                                                                              cannot be removed, protected with
         (7) Procedures to account for all                        (b) Specific requirements. (1)                     flame-proof covers, or otherwise
      employees after an evacuation; and                       Maintaining fire hazard-free conditions.              shielded with metal or fire-resistant
         (8) Names, job titles, or departments                 The employer must keep all hot work                   guards or curtains;
      for individuals who can be contacted for                 areas free of new hazards that may cause                 (4) The hot work is carried out on or
      further information about the plan.                      or contribute to the spread of fire.                  near insulation, combustible coatings, or
         (c) Reviewing the plan with                           Unexpected energizing and energy                      sandwich-type construction that cannot
      employees. The employer must review                      release are covered by 29 CFR 1915.181,               be shielded, cut back, or removed, or in
      the plan with each employee at the                       Subpart L. Exposure to toxic and                      a space within a sandwich type
      following times:                                         hazardous substances is covered in 29                 construction that cannot be inerted;
         (1) Within 90 days of December 14,                    CFR 1915.1000 through 1915.1450,                         (5) Combustible materials adjacent to
      2004, for employees who are currently                    subpart Z.                                            the opposite sides of bulkheads, decks,
      working;                                                    (2) Fuel gas and oxygen supply lines               overheads, metal partitions, or
         (2) Upon initial assignment for new                   and torches. The employer must make                   sandwich-type construction may be
      employees; and                                           sure that:                                            ignited by conduction or radiation;
         (3) When the actions the employee                        (i) No unattended fuel gas and oxygen                 (6) The hot work is close enough to
      must take under the plan change                          hose lines or torches are in confined                 cause ignition through heat radiation or
      because of a change in duties or a                       spaces;                                               conduction on the following:
      change in the plan.                                         (ii) No unattended charged fuel gas                   (i) Insulated pipes, bulkheads, decks,
         (d) Additional employer requirements.                 and oxygen hose lines or torches are in               partitions, or overheads; or
      The employer also must:                                  enclosed spaces for more than 15                         (ii) Combustible materials and/or
         (1) Keep the plan accessible to                       minutes; and                                          coatings;
      employees, employee representatives,                        (iii) All fuel gas and oxygen hose lines              (7) The work is close enough to
      and OSHA;                                                are disconnected at the supply manifold               unprotected combustible pipe or cable
         (2) Review and update the plan                        at the end of each shift;                             runs to cause ignition; or
      whenever necessary, but at least                            (iv) All disconnected fuel gas and                    (8) A Marine Chemist, a Coast Guard-
      annually;                                                oxygen hose lines are rolled back to the              authorized person, or a shipyard
         (3) Document that affected employees                  supply manifold or to open air to                     Competent Person, as defined in 29 CFR
      have been informed about the plan as                     disconnect the torch; or extended fuel                Part 1915, Subpart B, requires that a fire
      required by paragraph (c) of this section;               gas and oxygen hose lines are not                     watch be posted.
      and                                                      reconnected at the supply manifold                       (c) Assigning employees to fire watch
         (4) Ensure any outside fire response                  unless the lines are given a positive                 duty. (1) The employer must not assign
      organization that the employer expects                   means of identification when they were                other duties to a fire watch while the
      to respond to fires at the employer’s                    first connected and the lines are tested              hot work is in progress.

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00037   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55704           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

         (2) Employers must ensure that                           (v) The type, amount, and frequency                employment operations during the
      employees assigned to fire watch duty:                   of training that must be given to fire                evacuation;
         (i) Have a clear view of and                          response employees; and                                  (iii) Procedures to account for all
      immediate access to all areas included                      (vi) The procedures for using                      employees after emergency evacuation
      in the fire watch;                                       protective clothing and equipment.                    is completed;
         (ii) Are able to communicate with                        (2) Outside fire response. If an outside              (iv) The preferred means of reporting
      workers exposed to hot work;                             fire response organization is used, the               fires and other emergencies; and
         (iii) Are authorized to stop work if                  employer must include the following                      (v) Names or job titles of the
      necessary and restore safe conditions                    information in the written policy:                    employees or departments to be
      within the hot work area;                                   (i) The types of fire suppression                  contacted for further information or
         (iv) Remain in the hot work area for                  incidents to which the fire response                  explanation of duties.
      at least 30 minutes after completion of                  organization is expected to respond at                   (5) Rescue and emergency response.
      the hot work, unless the employer or its                 the employer’s facility or worksite;                  The employer must include the
      representative surveys the exposed area                     (ii) The liaisons between the employer             following information in the employer’s
      and makes a determination that there is                  and the outside fire response                         written policy:
      no further fire hazard;                                  organizations; and                                       (i) A description of the emergency
         (v) Are trained to detect fires that                     (iii) A plan for fire response functions           rescue procedures; and
      occur in areas exposed to the hot work;                  that:                                                    (ii) Names or job titles of the
         (vi) Attempt to extinguish any                           (A) Addresses procedures for                       employees who are assigned to perform
      incipient stage fires in the hot work area               obtaining assistance from the outside                 them.
      that are within the capability of                        fire response organization;                              (c) Medical requirements for shipyard
      available equipment and within the fire                     (B) Familiarizes the outside fire                  fire response employees. The employer
      watch’s training qualifications, as                      response organization with the layout of              must ensure that:
      defined in § 1915.508;                                   the employer’s facility or worksite,                     (1) All fire response employees
         (vii) Alert employees of any fire                     including access routes to controlled                 receive medical examinations to assure
      beyond the incipient stage; and                          areas, and site-specific operations,                  that they are physically and medically
         (viii) If unable to extinguish fire in the            occupancies, vessels or vessel sections,              fit for the duties they are expected to
      areas exposed to the hot work, activate                  and hazards; and,                                     perform;
      the alarm.                                                  (C) Sets forth how hose and coupling                  (2) Fire response employees, who are
         (3) The employer must ensure that                     connection threads are to be made                     required to wear respirators in
      employees assigned to fire watch are                     compatible and includes where the                     performing their duties, meet the
      physically capable of performing these                   adapter couplings are kept; or                        medical requirements of § 1915.154;
      duties.                                                     (D) States that the employer will not                 (3) Each fire response employee has
                                                               allow the use of incompatible hose                    an annual medical examination; and
      § 1915.505      Fire response.                                                                                    (4) The medical records of fire
         (a) Employer responsibilities. The                    connections.
                                                                  (3) A combination of internal and                  response employees are kept in
      employer must:                                                                                                 accordance with § 1915.1020.
         (1) Decide what type of response will                 outside fire response. If a combination
                                                                                                                        (d) Organization of internal fire
      be provided and who will provide it;                     of internal and outside fire response is
                                                                                                                     response functions. The employer must:
      and                                                      to be used, the employer must include                    (1) Organize fire response functions to
         (2) Create, maintain, and update a                    the following information, in addition to             ensure enough resources to conduct
      written policy that:                                     the requirements in paragraphs (b)(1)                 emergency operations safely;
         (i) Describes the internal and outside                and (2) of this section, in the written                  (2) Establish lines of authority and
      fire response organizations that the                     policy:                                               assign responsibilities to ensure that the
      employer will use; and                                      (i) The basic organizational structure             components of the internal fire response
         (ii) Defines what evacuation                          of the combined fire response;                        are accomplished;
      procedures employees must follow, if                        (ii) The number of combined trained                   (3) Set up an incident management
      the employer chooses to require a total                  fire responders;                                      system to coordinate and direct fire
      or partial evacuation of the worksite at                    (iii) The fire response functions that             response functions, including:
      the time of a fire.                                      may need to be carried out;                              (i) Specific fire emergency
         (b) Required written policy                              (iv) The minimum number of fire                    responsibilities;
      information. (1) Internal fire response. If              response employees necessary, the                        (ii) Accountability for all fire response
      an internal fire response is to be used,                 number and types of apparatuses, and a                employees participating in an
      the employer must include the                            description of the fire suppression                   emergency operation; and
      following information in the employer’s                  operations established by written                        (iii) Resources offered by outside
      written policy:                                          standard operating procedures for each                organizations; and
         (i) The basic structure of the fire                   particular type of fire response at the                  (4) Provide the information required
      response organization;                                   worksite; and                                         in this paragraph (d) to the outside fire
         (ii) The number of trained fire                          (v) The type, amount, and frequency                response organization to be used.
      response employees;                                      of joint training with outside fire                      (e) Personal protective clothing and
         (iii) The fire response functions that                response organizations if given to fire               equipment for fire response employees.
      may need to be carried out;                              response employees.                                   (1) General requirements. The employer
         (iv) The minimum number of fire                          (4) Employee evacuation. The                       must:
      response employees necessary, the                        employer must include the following                      (i) Supply to all fire response
      number and types of apparatuses, and a                   information in the employer’s written                 employees, at no cost, the appropriate
      description of the fire suppression                      policy:                                               personal protective clothing and
      operations established by written                           (i) Emergency escape procedures;                   equipment they may need to perform
      standard operating procedures for each                      (ii) Procedures to be followed by                  expected duties; and
      type of fire response at the employer’s                  employees who may remain longer at                       (ii) Ensure that fire response
      facility;                                                the worksite to perform critical shipyard             employees wear the appropriate

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00038   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                      55705

      personal protective clothing and use the                    (ii) Ensure that this equipment meets              response equipment within a facility or
      equipment, when necessary, to protect                    the applicable recommendations in                     vessel or vessel section.
      them from hazardous exposures.                           NFPA 1971–2000 Standard on
         (2) Thermal stability and flame                       Protective Ensemble for Structural Fire               § 1915.506 Hazards of fixed extinguishing
                                                                                                                     systems on board vessels and vessel
      resistance. The employer must:                           Fighting (incorporated by reference, see              sections.
         (i) Ensure that each fire response                    § 1915.5).
      employee exposed to the hazards of                          (5) Proximity firefighting operations.               (a) Employer responsibilities. The
      flame does not wear clothing that could                  The employer must provide, at no cost,                employer must comply with the
      increase the extent of injury that could                 to all fire response employees who are                provisions of this section whenever
      be sustained; and                                        exposed to the hazards of proximity                   employees are exposed to fixed
         (ii) Prohibit wearing clothing made                   firefighting, appropriate protective                  extinguishing systems that could create
      from acetate, nylon, or polyester, either                proximity clothing meets the applicable               a dangerous atmosphere when activated
      alone or in blends, unless it can be                     recommendations in NFPA 1976–2000                     in vessels and vessel sections, regardless
      shown that:                                              Standard on Protective Ensemble for                   of geographic location.
         (A) The fabric will withstand the                     Proximity Fire Fighting (incorporated by                (b) Requirements for automatic and
      flammability hazard that may be                          reference, see § 1915.5).                             manual systems. Before any work is
      encountered; or                                             (6) Personal Alert Safety System                   done in a space equipped with fixed
         (B) The clothing will be worn in such                 (PASS) devices. The employer must:                    extinguishing systems, the employer
      a way to eliminate the flammability                         (i) Provide each fire response                     must either:
      hazard that may be encountered.                          employee involved in firefighting                       (1) Physically isolate the systems or
         (3) Respiratory protection. The                       operations with a PASS device; and                    use other positive means to prevent the
      employer must:                                              (ii) Ensure that each PASS device                  systems’ discharge; or
         (i) Provide self-contained breathing                  meets the recommendations in NFPA                       (2) Ensure employees are trained to
      apparatus (SCBA) to all fire response                    1982–1998 Standard on Personal Alert                  recognize:
      employees involved in an emergency                       Safety Systems (PASS), (incorporated by                 (i) Systems’ discharge and evacuation
      operation in an atmosphere that is                       reference, see § 1915.5).                             alarms and the appropriate escape
      immediately dangerous to life or health                     (7) Life safety ropes, body harnesses,             routes; and
      (IDLH), potentially IDLH, or unknown;                    and hardware. The employer must                         (ii) Hazards associated with the
         (ii) Provide SCBA to fire response                    ensure that:                                          extinguishing systems and agents
      employees performing emergency                              (i) All life safety ropes, body                    including the dangers of disturbing
      operations during hazardous chemical                     harnesses, and hardware used by fire                  system components and equipment
      emergencies that will expose them to                     response employees for emergency                      such as piping, cables, linkages,
      known hazardous chemicals in vapor                       operations meet the applicable                        detection devices, activation devices,
      form or to unknown chemicals;                            recommendations in NFPA 1983–2001,                    and alarm devices.
         (iii) Provide fire response employees                 Standard on Fire Service Life Safety                    (c) Sea and dock trials. During trials,
      who perform or support emergency                         Rope and System Components                            the employer must ensure that all
      operations that will expose them to                      (incorporated by reference, see                       systems shall remain operational.
      hazardous chemicals in liquid form                       § 1915.5);                                              (d) Doors and hatches. The employer
      either:                                                     (ii) Fire response employees use only              must:
         (A) SCBA, or                                          Class I body harnesses to attach to                     (1) Take protective measures to ensure
         (B) Respiratory protective devices                    ladders and aerial devices; and                       that all doors, hatches, scuttles, and
      certified by the National Institute for                     (iii) Fire response employees use only             other exit openings remain working and
      Occupational Safety and Health                           Class II and Class III body harnesses for             accessible for escape in the event the
      (NIOSH) under 42 CFR Part 84 as                          fall arrest and rappelling operations.                systems are activated; and
      suitable for the specific chemical                          (f) Equipment maintenance. (1)                       (2) Ensure that all inward opening
      environment;                                             Personal protective equipment. The                    doors, hatches, scuttles, and other
         (iv) Ensure that additional outside air               employer must inspect and maintain                    potential barriers to safe exit are
      supplies used in conjunction with                        personal protective equipment used to                 removed, locked open, braced, or
      SCBA result in positive pressure                         protect fire response employees to                    otherwise secured so that they remain
      systems that are certified by NIOSH                      ensure that it provides the intended                  open and accessible for escape if
      under 42 CFR Part 84;                                    protection.                                           systems’ activation could result in a
         (v) Provide only SCBA that meet the                      (2) Fire response equipment. The                   positive pressure in the protected spaces
      requirements of NFPA 1981–1997                           employer must:                                        sufficient to impede escape.
      Standard on Open-Circuit Self-                              (i) Keep fire response equipment in a                (e) Testing the system. (1) When
      Contained Breathing Apparatus for the                    state of readiness;                                   testing a fixed extinguishing system
      Fire Service (incorporated by reference,                    (ii) Standardize all fire hose coupling            involves a total discharge of
      see § 1915.5); and                                       and connection threads throughout the                 extinguishing medium into a space, the
         (vi) Ensure that the respiratory                      facility and on vessels and vessel                    employer must evacuate all employees
      protection program and all respiratory                   sections by providing the same type of                from the space and assure that no
      protection equipment comply with                         hose coupling and connection threads                  employees remain in the space during
      § 1915.154.                                              for hoses of the same or similar                      the discharge. The employer must retest
         (4) Interior structural firefighting                  diameter; and                                         the atmosphere in accordance with
      operations. The employer must:                              (iii) Ensure that either all fire hoses            § 1915.12 to ensure that the oxygen
         (i) Supply at no cost to all fire                     and coupling connection threads are the               levels are safe for employees to enter.
      response employees exposed to the                        same within a facility or vessel or vessel               (2) When testing a fixed extinguishing
      hazards of shipyard fire response, a                     section as those used by the outside fire             system does not involve a total
      helmet, gloves, footwear, and protective                 response organization, or supply                      discharge of the systems extinguishing
      hoods, and either a protective coat and                  suitable adapter couplings if such an                 medium, the employer must make sure
      trousers or a protective coverall; and                   organization is expected to use the fire              that the system’s extinguishing medium

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00039   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55706           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      is physically isolated and that all                      reason a fire extinguishing system stops              (incorporated by reference, see
      employees not directly involved in the                   working, until the system is working                  § 1915.5); and
      testing are evacuated from the protected                 again;                                                   (5) Fixed extinguishing systems using
      space.                                                      (3) Ensure all repairs to fire                     gas as the extinguishing agent according
         (f) Conducting system maintenance.                    extinguishing systems and equipment                   to NFPA 12–2000 Standard on Carbon
      Before conducting maintenance on a                       are done by a qualified technician or                 Dioxide Extinguishing Systems
      fixed extinguishing system, the                          mechanic;                                             (incorporated by reference, see
      employer must ensure that the system is                     (4) Provide and ensure employees use               § 1915.5); NFPA 12A–1997 Standard on
      physically isolated.                                     proper personal protective equipment                  Halon 1301 Fire Extinguishing Systems
         (g) Using fixed manual extinguishing                  when entering discharge areas in which                (incorporated by reference, see
      systems for fire protection. If fixed                    the atmosphere remains hazardous to                   § 1915.5); and NFPA 2001–2000
      manual extinguishing systems are used                    employee safety or health, or provide                 Standard on Clean Agent Fire
      to provide fire protection for spaces in                 safeguards to prevent employees from                  Extinguishing Systems (incorporated by
      which the employees are working, the                     entering those areas. See § 1915.12 for               reference, see § 1915.5).
      employer must ensure that:                               additional requirements applicable to                 § 1915.508       Training.
         (1) Only authorized employees are                     safe entry into spaces containing
      allowed to activate the system;                                                                                   (a) The employer must train
                                                               dangerous atmospheres;                                employees in the applicable
         (2) Authorized employees are trained                     (5) Post hazard warning or caution
      to operate and activate the systems; and                                                                       requirements of this section:
                                                               signs at both the entrance to and inside                 (1) Within 90 days of December 14,
         (3) All employees are evacuated from                  of areas protected by fixed extinguishing
      the protected spaces, and accounted for,                                                                       2004, for employees currently working;
                                                               systems that use extinguishing agents in                 (2) Upon initial assignment for new
      before the fixed manual extinguishing                    concentrations known to be hazardous
      system is activated.                                                                                           employees; and
                                                               to employee safety or health; and                        (3) When necessary to maintain
      § 1915.507      Land-side fire protection                   (6) Select, install, inspect, maintain,            proficiency for employees previously
      systems.                                                 and test all automatic fire detection                 trained.
         (a) Employer responsibilities. The                    systems and emergency alarms                             (b) Employee training. The employer
      employer must ensure all fixed and                       according to NFPA 72–1999 National                    must ensure that all employees are
      portable fire protection systems needed                  Fire Alarm Code (incorporated by                      trained on:
      to meet an OSHA standard for employee                    reference, see § 1915.5).                                (1) The emergency alarm signals,
      safety or employee protection from fire                     (d) Fixed extinguishing systems. The               including system discharge alarms and
      hazards in land-side facilities,                         employer must select, install, maintain,              employee evacuation alarms; and
                                                               inspect, and test all fixed systems                      (2) The primary and secondary
      including, but not limited to, buildings,
                                                               required by OSHA as follows:                          evacuation routes that employees must
      structures, and equipment, meet the
                                                                  (1) Standpipe and hose systems                     use in the event of a fire in the
      requirements of this section.
                                                               according to NFPA 14–2000 Standard                    workplace. While all vessels and vessel
         (b) Portable fire extinguishers and
                                                               for the Installation of Standpipe, Private            sections must have a primary
      hose systems. (1) The employer must
                                                               Hydrant, and Hose Systems                             evacuation route, a secondary
      select, install, inspect, maintain, and
                                                               (incorporated by reference, see                       evacuation route is not required when
      test all portable fire extinguishers
                                                               § 1915.5);                                            impracticable.
      according to NFPA 10–1998 Standard                                                                                (c) Additional training requirements
      for Portable Fire Extinguishers                             (2) Automatic sprinkler systems
                                                               according to NFPA 25–2002 Standard                    for employees expected to fight
      (incorporated by reference, see                                                                                incipient stage fires. The employer must
      § 1915.5).                                               for the Inspection, Testing, and
                                                               Maintenance of Water-based Fire                       ensure that employees expected to fight
         (2) The employer is permitted to use                                                                        incipient stage fires are trained on the
      Class II or Class III hose systems, in                   Protection Systems, (incorporated by
                                                               reference, see § 1915.5), and either                  following:
      accordance with NFPA 10–1998, as                                                                                  (1) The general principles of using fire
      portable fire extinguishers if the                       NFPA 13–1999 Standard for the
                                                                                                                     extinguishers or hose lines, the hazards
      employer selects, installs, inspects,                    Installation of Sprinkler Systems
                                                                                                                     involved with incipient firefighting, and
      maintains, and tests those systems                       (incorporated by reference, see § 1915.5)
                                                                                                                     the procedures used to reduce these
      according to the specific                                or NFPA 750–2000 Standard on Water                    hazards;
      recommendations in NFPA 14–2000                          Mist Fire Protection Systems                             (2) The hazards associated with fixed
      Standard for the Installation of                         (incorporated by reference, see                       and portable fire protection systems that
      Standpipe, Private Hydrant, and Hose                     § 1915.5);                                            employees may use or to which they
      Systems (incorporated by reference, see                     (3) Fixed extinguishing systems that               may be exposed during discharge of
      § 1915.5).                                               use water or foam as the extinguishing                those systems; and
         (c) General requirements for fixed                    agent according to NFPA 15–2001                          (3) The activation and operation of
      extinguishing systems. The employer                      Standard for Water Spray Fixed Systems                fixed and portable fire protection
      must:                                                    for Fire Protection (incorporated by                  systems that the employer expects
         (1) Ensure that any fixed                             reference, see § 1915.5); NFPA 11–1998                employees to use in the workplace.
      extinguishing system component or                        Standard for Low-Expansion Foam                          (d) Additional training requirements
      extinguishing agent is approved by an                    (incorporated by reference, see                       for shipyard employees designated for
      OSHA Nationally Recognized Testing                       § 1915.5); and NFPA 11A–1999                          fire response. The employer must:
      Laboratory, meeting the requirements of                  Standard for Medium- and High-                           (1) Have a written training policy
      29 CFR 1910.7, for use on the specific                   Expansion Foam Systems (incorporated                  stating that fire response employees
      hazards the employer expects it to                       by reference, see 1915.5);                            must be trained and capable of carrying
      control or extinguish;                                      (4) Fixed extinguishing systems using              out their duties and responsibilities at
         (2) Notify employees and take the                     dry chemical as the extinguishing agent               all times;
      necessary precautions to ensure                          according to NFPA 17–2002 Standard                       (2) Keep written standard operating
      employees are safe from fire if for any                  for Dry Chemical Extinguishing Systems                procedures that address anticipated

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00040   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
                      Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations                                      55707

      emergency operations and update these                       (iv) The physical characteristics of the              Contract employer—an employer,
      procedures as necessary;                                 hot work area;                                        such as a painter, joiner, carpenter, or
         (3) Review fire response employee                        (v) The hazards associated with fire               scaffolding sub-contractor, who
      training programs and hands-on                           watch duties;                                         performs work under contract to the
      sessions before they are used in fire                       (vi) The personal protective                       host employer or to another employer
      response training to make sure that fire                 equipment (PPE) needed to perform fire                under contract to the host employer at
      response employees are protected from                    watch duties safely;                                  the host employer’s worksite. This
      hazards associated with fire response                       (vii) The use of PPE;                              excludes employers who provide
      training;                                                   (viii) The selection and use of any fire           incidental services that do not influence
         (4) Provide training for fire response                extinguishers and fire hoses likely to be             shipyard employment (such as mail
      employees that ensures they are capable                  used by a fire watch in the work area;                delivery or office supply services).
      of carrying out their duties and                            (ix) The location and use of barriers;                Dangerous atmosphere—an
      responsibilities under the employer’s                       (x) The means of communication
                                                                                                                     atmosphere that may expose employees
      standard operating procedures;                           designated by the employer for fire
                                                                                                                     to the risk of death, incapacitation,
         (5) Train new fire response employees                 watches;
                                                                  (xi) When and how to start fire alarm              injury, acute illness, or impairment of
      before they engage in emergency                                                                                ability to self-rescue (i.e., escape
      operations;                                              procedures; and
                                                                  (xii) The employer’s evacuation plan.              unaided from a confined or enclosed
         (6) At least quarterly, provide training
                                                                  (3) The employer must ensure that                  space).
      on the written operating procedures to
                                                               each fire watch is trained to alert others               Designated area—an area established
      fire response employees who are
                                                               to exit the space whenever:                           for hot work after an inspection that is
      expected to fight fires;
         (7) Use qualified instructors to                         (i) The fire watch perceives an unsafe             free of fire hazards.
      conduct the training;                                    condition;                                               Drop Test—a method utilizing gauges
         (8) Conduct any training that involves                   (ii) The fire watch perceives that a               to ensure the integrity of an oxygen fuel
      live fire response exercises in                          worker performing hot work is in                      gas burning system. The method
      accordance with NFPA 1403–2002                           danger;                                               requires that the burning torch is
      Standard on Live Fire Training                              (iii) The employer or a representative             installed to one end of the oxygen and
      Evolutions (incorporated by reference,                   of the employer orders an evacuation; or              fuel gas lines and then the gauges are
      see § 1915.5);                                              (iv) An evacuation signal, such as an              attached to the other end of the hoses.
         (9) Conduct semi-annual drills                        alarm, is activated.                                  The manifold or cylinder supply valve
      according to the employer’s written                         (f) Records. The employer must keep                is opened and the system is pressurized.
      procedures for fire response employees                   records that demonstrate that employees               The manifold or cylinder supply valve
      that cover site-specific operations,                     have been trained as required by                      is then closed and the gauges are
      occupancies, buildings, vessels and                      paragraphs (a) through (e) of this                    watched for at least sixty (60) seconds.
      vessel sections, and fire-related hazards;               section.                                              Any drop in pressure indicates a leak.
      and                                                         (1) The employer must ensure that the                 Emergency operations—activities
         (10) Prohibit the use of smoke                        records include the employee’s name;                  performed by fire response
      generating devices that create a                         the trainer’s name; the type of training;             organizations that are related to: rescue,
      dangerous atmosphere in training                         and the date(s) on which the training                 fire suppression, emergency medical
      exercises.                                               took place.                                           care, and special operations or activities
         (e) Additional training requirements                     (2) The employer must keep each                    that include responding to the scene of
      for fire watch duty. (1) The employer                    training record for one year from the                 an incident and all activities performed
      must ensure that each fire watch is                      time it was made or until it is replaced              at that scene.
      trained by an instructor with adequate                   with a new training record, whichever                    Fire hazard—a condition or material
      fire watch knowledge and experience to                   is shorter, and make it available for                 that may start or contribute to the
      cover the items as follows:                              inspection and copying by OSHA on                     spread of fire.
         (i) Before being assigned to fire watch               request.                                                 Fire protection—methods of providing
      duty;                                                                                                          fire prevention, response, detection,
         (ii) Whenever there is a change in                    § 1915.509       Definitions applicable to this
                                                               subpart.                                              control, extinguishment, and
      operations that presents a new or                                                                              engineering.
      different hazard;                                           Alarm—a signal or message from a
                                                               person or device that indicates that                     Fire response—the activity taken by
         (iii) Whenever the employer has
                                                               there is a fire, medical emergency, or                the employer at the time of an
      reason to believe that the fire watch’s
                                                               other situation that requires emergency               emergency incident involving a fire at
      knowledge, skills, or understanding of
                                                               response or evacuation. At some                       the worksite, including fire suppression
      the training previously provided is
                                                               shipyards, this may be called an                      activities carried out by internal or
      inadequate; and
         (iv) Annually.                                        ‘‘incident’’ or a ‘‘call for service.’’               external resources or a combination of
         (2) The employer must ensure that                        Alarm system—a system that warns                   both, or total or partial employee
      each employee who stands fire watch                      employees at the worksite of danger.                  evacuation of the area exposed to the
      duty is trained in:                                         Body harness—a system of straps that               fire.
         (i) The basics of fire behavior, the                  may be secured about the employee in                     Fire response employee—a shipyard
      different classes of fire and of                         a manner that will distribute the fall                employee who carries out the duties and
      extinguishing agents, the stages of fire,                arrest forces over at least the thighs,               responsibilities of shipyard firefighting
      and methods for extinguishing fires;                     shoulders, chest, and pelvis, with means              in accordance with the fire safety plan.
         (ii) Extinguishing live fire scenarios                for attaching it to other components of                  Fire response organization—an
      whenever allowed by local and federal                    a personal fall arrest system.                        organized group knowledgeable,
      law;                                                        Class II standpipe system—a 11⁄2 inch              trained, and skilled in shipyard
         (iii) The recognition of the adverse                  (3.8 cm) hose system which provides a                 firefighting operations that responds to
      health effects that may be caused by                     means for the control or extinguishment               shipyard fire emergencies, including:
      exposure to fire;                                        of incipient stage fires.                             fire brigades, shipyard fire departments,

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00041   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2
      55708           Federal Register / Vol. 69, No. 178 / Wednesday, September 15, 2004 / Rules and Regulations

      private or contractual fire departments,                 employer and at least one contract                    connections used to supply water to
      and municipal fire departments.                          employer.                                             approved hose lines or sprinkler
         Fire suppression—the activities                          Personal Alert Safety System                       systems. The hose may or may not be
      involved in controlling and                              (PASS)—a device that sounds a loud                    connected to the system.
      extinguishing fires.                                     signal if the wearer becomes
                                                               immobilized or is motionless for 30                   Appendix A to Subpart P—Model Fire
         Fire watch—the activity of observing
                                                               seconds or more.                                      Safety Plan (Non-Mandatory)
      and responding to the fire hazards
      associated with hot work in shipyard                        Physical isolation—the elimination of              Model Fire Safety Plan
      employment and the employees                             a fire hazard by removing the hazard
                                                                                                                        Note: This appendix is non-mandatory and
      designated to do so.                                     from the work area (at least 35 feet for
                                                                                                                     provides guidance to assist employers in
         Fixed extinguishing system—a                          combustibles), by covering or shielding               establishing a Fire Safety Plan as required in
      permanently installed fire protection                    the hazard with a fire-resistant material,            § 1915.502.
      system that either extinguishes or                       or physically preventing the hazard
      controls fire occurring in the space it                  from entering the work area.                          Table of Contents
      protects.                                                   Physically isolated—positive isolation             I. Purpose.
         Flammable liquid—any liquid having                    of the supply from the distribution                   II. Work site fire hazards and how to properly
      a flashpoint below 100 °F (37.8 °C),                     piping of a fixed extinguishing system.                     control them.
      except any mixture having components                     Examples of ways to physically isolate                III. Alarm systems and how to report fires.
                                                               include: removing a spool piece and                   IV. How to evacuate in different emergency
      with flashpoints of 100 °F (37.8 °C) or
                                                               installing a blank flange; providing a                      situations.
      higher, the total of which make up 99                                                                          V. Employee awareness.
      percent or more of the total volume of                   double block and bleed valve system; or
      the mixture.                                             completely disconnecting valves and                   I. Purpose
         Hazardous substance—a substance                       piping from all cylinders or other                      The purpose of this fire safety plan is to
      likely to cause injury by reason of being                pressure vessels containing                           inform our employees of how we will control
      explosive, flammable, poisonous,                         extinguishing agents.                                 and reduce the possibility of fire in the
                                                                  Protected space—any space into                     workplace and to specify what equipment
      corrosive, oxidizing, an irritant, or
                                                               which a fixed extinguishing system can                employees may use in case of fire.
      otherwise harmful.
         Hose systems—fire protection systems                     Proximity firefighting—specialized                 II. Work Site Fire Hazards and How To
      consisting of a water supply, approved                   fire-fighting operations that require                 Properly Control Them
      fire hose, and a means to control the                    specialized thermal protection and may                   A. Measures to contain fires.
      flow of water at the output end of the                   include the activities of rescue, fire                   B. Teaching selected employees how to use
      hose.                                                    suppression, and property conservation                fire protection equipment.
         Host employer—an employer who is                                                                               C. What to do if you discover a fire.
                                                               at incidents involving fires producing                   D. Potential ignition sources for fires and
      in charge of coordinating work or who                    very high levels of conductive,
      hires other employers to perform work                                                                          how to control them.
                                                               convective, and radiant heat such as                     E. Types of fire protection equipment and
      at a multi-employer workplace.                           aircraft fires, bulk flammable gas fires,             systems that can control a fire.
         Incident management system—a                          and bulk flammable liquid fires.                         F. The level of firefighting capability
      system that defines the roles and                        Proximity firefighting operations                     present in the facility, vessel, or vessel
      responsibilities to be assumed by                        usually are exterior operations but may               section.
      personnel and the operating procedures                   be combined with structural firefighting                 G. Description of the personnel responsible
      to be used in the management and                         operations. Proximity firefighting is not             for maintaining equipment, alarms, and
      direction of emergency operations; the                   entry firefighting.                                   systems that are installed to prevent or
      system is also referred to as an ‘‘incident                                                                    control fire ignition sources, and to control
                                                                  Qualified instructor—a person with
      command system’’ (ICS).                                                                                        fuel source hazards.
                                                               specific knowledge, training, and
         Incipient stage fire—a fire, in the                   experience in fire response or fire watch             III. Alarm Systems and How To Report Fires
      initial or beginning stage, which can be                 activities to cover the material found in              A. A demonstration of alarm procedures, if
      controlled or extinguished by portable                   § 1915.508(b) or (c).                                 more than one type exists.
      fire extinguishers, Class II standpipe or                   Rescue—locating endangered persons                  B. The work site emergency alarm system.
      small hose systems without the need for                  at an emergency incident, removing                     C. Procedures for reporting fires.
      protective clothing or breathing                         those persons from danger, treating the               IV. How To Evacuate in Different Emergency
      apparatus.                                               injured, and transporting the injured to              Situations
         Inerting—the displacement of the                      an appropriate health care facility.
      atmosphere in a permit space by                                                                                   A. Emergency escape procedures and route
                                                                  Shipyard firefighting—the activity of              assignments.
      noncombustible gas (such as nitrogen)                    rescue, fire suppression, and property                   B. Procedures to account for all employees
      to such an extent that the resulting                     conservation involving buildings,                     after completing an emergency evacuation.
      atmosphere is noncombustible. This                       enclosed structures, vehicles, vessels,                  C. What type of evacuation is needed and
      procedure produces an IDLH oxygen-                       aircraft, or similar properties involved              what the employee’s role is in carrying out
      deficient atmosphere.                                    in a fire or emergency situation.                     the plan.
         Interior structural firefighting                         Small hose system—a system of hoses                   D. Helping physically impaired employees.
      operations—the physical activity of fire                 ranging in diameter from 5⁄8″ (1.6 cm) up             V. Employee Awareness
      response, rescue, or both involving a fire               to 11⁄2″ (3.8 cm) which is for the use of
      beyond the incipient stage inside of                                                                             Names, job titles, or departments of
                                                               employees and which provides a means
                                                                                                                     individuals who can be contacted for further
      buildings, enclosed structures, vessels,                 for the control and extinguishment of                 information about this plan.
      and vessel sections.                                     incipient stage fires.
         Multi-employer workplace—a                               Standpipe—a fixed fire protection                  [FR Doc. 04–20608 Filed 9–14–04; 8:45 am]
      workplace where there is a host                          system consisting of piping and hose                  BILLING CODE 4510–26–P

VerDate jul<14>2003    13:13 Sep 14, 2004   Jkt 203001   PO 00000   Frm 00042   Fmt 4701   Sfmt 4700   E:\FR\FM\15SER2.SGM   15SER2

To top