Department of Labor logoUNITED STATESDEPARTMENT OF LABOR. For purposes of these procedures, the following definitions apply: (1) Any person directly or indirectly through one or more intermediaries, controlling, controlled by, or under common control with the person. However, applicable provisions of 1910.106(b) also pertain to portable tanks used in unit physical operations. 29 CFR 1910.106 applies to the handling, storage, and use of flammable and combustible liquids with a flash point below 200oF. 6. EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR, Subchapter G. ADMINISTRATION AND ENFORCEMENT UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, Part 2570. Applicable portions of 1910.106(d) must be evaluated relative to the portable tanks observed. (For specific details and specifications please refer to the enclosed copy of correspondence dated March 7, from the Allentown District Office of Region III.) In order to prevent these hazards, this standard addresses the 8. Due to the complexities of the issues involved and because the determination will impact on operations outside of Region III, this request regarding applicability is being sent to you for your review. to response No. (ii) Has direct or indirect authority, responsibility, or control regarding the custody, management, or disposition of plan assets involved in the subject exemption transaction. Code of Federal Regulations (CFR) at 29 CFR Parts 1, 3 and 5. 0 to 99. See 29 CFR 2700.6. 10. (b) Discriminatory actions prohibited. Structure. In making this determination, the Department generally will take into account the amount of both the fiduciary's revenues and projected revenues for the current federal income tax year (including amounts received for preparing fiduciary reports) that will be derived from the party in interest or its affiliates relative to the fiduciary's revenues from all sources for the prior federal income tax year. 10. This checklist covers regulations issued by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) under the general industry standard 29 CFR 1910.253 and the construction standard 29 CFR 1926.350. (e) An individual exemption is an administrative exemption, granted under section 408(a) of ERISA, section 4975(c)(2) of the Code, and/or 5 U.S.C. PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT, Subpart B. A portable tank meeting the requirements of DOT Spec 57 is in compliance with 29 CFR 1910.106(d)(2). I. Office of the Secretary of Labor. To keep apprised of such developments, you can consult OSHA's website at Structures which form a campus or industrial park, or separate facilities in proximity with one another, may be considered a single site of employment. No qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance. CFR Title 29 - Labor is one of fifty titles comprising the United States Code of Federal Regulations (CFR), containing the principal set of rules and regulations issued by federal agencies regarding labor.It is available in digital and printed form, and can be referenced online using the Electronic Code of Federal Regulations (e-CFR).. Is it required that the portable tanks being used, as described in the enclosed attachment, comply with paragraphs (b)(4)(ii); (b)(4)(iii), and (b)(4)(iv)(c) of 29 CFR 1910.106; or. Parts. (b) A class exemption is an administrative exemption, granted under section 408(a) of ERISA, section 4975(c)(2) of the Code, and/or 5 U.S.C. (a) The National Safety Council Data Sheet No. (c) MSDS by GP No. In June 1995, the National Institute for Occupational Safety and Health (NIOSH) updated and modernized the Federal regulation for certifying air-purifying particulate respirators [42 CFR Part 84]. Regulations Relating to Labor, Chapter XXV. Does 29 CFR Part 1915 - Shipyard Employment Standards Apply? (ii) Status of documents. NFPA 30-1987, section 2-2.5.4 recommends appropriate venting. 2. However, various sources suggest appropriate solutions. (6) Any other information pertinent to the determination of prevailing wage rates. paragraph 1910.106(h) (4) via 1910.106(e)(3)(vi).). Do both paragraphs (b) and (d) of 29 CFR 1910.106 apply to portable tanks being utilized in unit physical operations? Ft. Free Air per Hr. (d) Exemption transaction means the transaction or transactions for which an exemption is requested. The Federal Mine Safety and Health Act of 1977, Pub. CFR Title 29 Section 1926.50 Medical services and first aid of the Electronic Code of Federal Regulations. (Ref. In this case, a fusible link relief device is definitely not advisable, since the material would polymerize and likely explode at temperatures above 150 F. (Ref. 200 to 299. The following questions have been posed regarding the applicability of portions of 29 CFR 1910.106: 1. ), It is recommended that the care of the relief device conform to the recommendations of MCA (presently CMA) Data Sheet SD-37, paragraph 6.6. 8477(c)(3), which applies only to the specific parties in interest and transactions named or otherwise defined in the exemption. 82, paragraph 21, indicates that styrene monomer must be inhibited for shipment and storage. That May Apply at Mine Sites 19-18 October 2006 . 6. Recording a Mining Claim or Site. 7. (Ref. NSC, paragraph 57; also NFPA 30-l987, section 2-2.5.7.). 9. Does paragraph (h)(4)(ii) of 29 CFR 1910.106, which indicates that the storage of flammable and combustible liquids in tanks shall be in accordance with paragraph (b) of 29 CFR 1910.106, which is referenced by paragraph (e)(3)(iv) of 29 CFR 1910.106, apply to portable tanks used in conjunction with unit physical operations? Absent facts and circumstances demonstrating a lack of independence, the Department will operate according to the presumption that such appraiser will be independent if the revenues it receives or is projected to receive, within the current federal income tax year, from parties in interest (and their affiliates) to the transaction are not more than 2% of such appraiser's annual revenues based upon its prior income tax year. 1060, as amended; 75 Stat. Response to your questions are presented in the same order as given in your memorandum, and are as follows: l. 29 CFR 1910.106(h)(4)(i)(b) pertains to fixed above ground tanks. It is recommended that these requirements are applicable to the storage and handling of polyester resin in portable tanks. Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications. The manufacturer (supplier) should be contacted to obtain inspection and cleaning procedures and requirements. 1509. Electronic Code of Federal Regulations (e-CFR), Subtitle B. The employer is dispensing a Class 1c liquid from a low pressure portable tank (307 gallon capacity--filled with approximately 260 gallons of liquid) that is inside a building. Is it unsafe that the emergency venting mechanism of the tank is set to open at not less than 3 psig rather than not less than 5 psig? (f) A party in interest means a person described in section 3(14) of ERISA or 5 U.S.C. (a) Generally, a worksite can refer to either a single location or a group of contiguous locations. #MC3O6. Therefore, all areas in which the liquid is used or stored must be safe for Class 1A liquids since the vent, if activated, would release uninhibited styrene. A self-closing manhole cover is recommended for use. 55; 29 … OSHA Instruction STD 1-5.7 is inapplicable to the subject operations. As established by Section 314 of the Federal Land Policy and Management Act (FLPMA), as amended, claims and sites must be recorded with the proper BLM state office within 90 days of the date of location and recorded … Regulatory Entity. (Ref. 29:2: labor--volume 2: 29:2.1 subtitle b - regulations relating to labor parts 100 - 499: 29:2.1.1 chapter i - national labor relations board parts 100 - 199: 29:2.1.2 chapter ii - office of labor-management standards, department of labor parts 200 - 299: 29:2.1.3 chapter iii - national railroad adjustment board parts 300 - 399: 29… 3. Section 2-6 of NFPA 30-1987, Source of ignition and 1910.106 (e)(5) through (9) are applicable. Therefore, 1910.106(b) (4) through (7) are partly applicable to portable tanks less than 660 gals in size. However, these salary requirements do not apply to outside sales employees (see 29 CFR 541.500(c)), teachers (see 29 CFR 541.303(d)), or employees practicing law or medicine (see 29 CFR 541.304). 1910.134 (a) Davis-Bacon contract clauses required to be included in covered contracts are set forth at 29 CFR § 5.5 and regulatory definitions that apply in the administration and enforcement of DBRA labor standards are set forth at 29 CFR § 5.2. The NFPA now classifies the unstable component, uninhibited styrene, of polyester resin as a Class 1A liquid. A review of this final rule in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. The basic compound is therefore not unstable; however, uninhibited styrene is always present in the vapor form and requires special care. Storage and Handling of Flammable and Combustible Liquids for Unit Physical Operations in Industrial Plant - 29 CFR 1910.106(e): Application of 29 CFR 1910.106 and/or NFPA 30-1987 to Flammable Liquid Storage and Dispensing Operations of Polyester Resin. Application of 29 CFR 1910.106 and/or NFPA 30-1987 to Flammable Liquid Storage and Dispensing Operations of Polyester Resin Alert: Due to routine maintenance on the OSHA website, some pages may be temporarily unavailable. Section 2-4.1.1 of NFPA 30-1987 specifies the facility requirements for the handling and storage of flammables at inside locations. chapter i - mine safety and health administration, department of labor parts 1 - 199: 30:2: mineral resources--volume 2: 30:2.0.1 chapter ii - bureau of safety and environmental enforcement, department of the interior parts 200 - 299: 30:2.0.2 chapter iv - geological survey, department of the interior parts 400 - … The circumstances of your on-going inspection, as described by your memorandum of March 23, 1988, have been evaluated. MCA Data Sheet, SD-37, paragraph and 5.2.). What type of a safety relief valve should be required for low pressure tanks containing materials (i.e., styrene monomers) that present a potential clogging hazard when polymers may form in the tank vents? L. 93-259, 88 Stat. SUBJECT: Escapeways and Refuges (30 CFR 57.11050) Scope. If further information is needed please contact John McFee of my staff at FTS 596-1201. was designed in accordance with DOT Spec. 8, below.). VCH Data Sheet No. Does this requirement mean at least one apprentice per program, or at least one per sponsor? The provisions pertaining to the control of fire due to potential spillage or tank rupture are of concern. (2) Filing by non-electronic means. Your prompt response to this inquiry would be greatly appreciated since there is an ongoing inspection that cannot be closed until these issues are resolved. This letter constitutes OSHA's interpretation of the requirements discussed. (a) Interference. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Maintaining the functional integrity of the pressure relief device is paramount to the safety of storage and handling of polyester resin. § 825.111 Determining whether 50 employees are employed within 75 miles. Marson Corp., Data Sheet No. EPA promulgated the Mineral Mining and Processing Effluent Guidelines and Standards (40 CFR Part 436) in 1975, and amended the regulation in 1976, 1977, 1978, and 1979.The regulation covers wastewater discharges from mine drainage, mineral processing operations and stormwater runoff. 8. Chapter. 29 CFR 1910.272(q)(8)(ii). Note that our enforcement guidance may be affected by changes to OSHA rules. Ionizing Radiation Standard (29 CFR 1910.1096) This standard applies to facilities that have an X-ray machine and requires: l A survey (evaluation) of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a … The following reference documents are attached: 5. & 5. The mine operator’s operating permits should be available at the mine site and at the local EPA office. (Refer to paragraph 26-30 of the NSC Data Sheet. 1-19, 52 Stat. 8477(c)(3), which applies to any transaction and party in interest within the class of transactions and parties in interest specified in the exemption when the conditions of the exemption are satisfied. The functional condition of the vent is of far greater concern. Earlier opening of the vent at 3 psig is acceptable. Should you have any questions, please contact Walt Siegfried of my staff. DEPARTMENT OF LABOR. Although the presumption does not apply when the aforementioned percentage exceeds 2%, an appraiser nonetheless may be considered independent based upon other facts and circumstances provided that it receives or is projected to receive revenues that are not more than 5% within the current federal income tax year from parties in interest (and their affiliates) to the transaction based upon its prior income tax year. When the tank's contents are depleted the tank is sent back to the supplier to be refilled. OSHA requirements are set by statute, standards and regulations. (Ref. Does the fact that this tank complies with DDT specification 57, Tariff 15 DOT Regulations for Transportation of Hazardous Materials, bring it into compliance with paragraphs (a)(32) and (d)(2) of 29 CFR 1910.106? If yes, then you need to comply with the state specific standard, toxic and hazardous substances, that incorporates the bloodborne pathogens standard (excluding subparagraphs (e) HIV and HBV Research Laboratories and Production Facilities) into the Safety and Health Regulations for Construction (29 CFR … Regulations most recently checked for updates: Nov 29, 2020 All Titles Title 29 Chapter V Part 825 Subpart C - Employee and Employer Rights and Obligations Under the Act View all text of Subpart C [§ 825.300 - § 825.313] ), (b) Should an acceptable sprinkler system be available then an additional factor of safety can be derived if a tank temperature warning device is installed. Absent facts and circumstances demonstrating a lack of independence, the Department will operate according to the presumption that such fiduciary will be independent if the revenues it receives or is projected to receive, within the current federal income tax year, from parties in interest (and their affiliates) to the transaction are not more than 2% of such fiduciary's annual revenues based upon its prior income tax year. L. 91-173 as amended by Pub. The employer may use instruments, tests, surveys, or data developed on legs that are identical in size, configuration, speed, etc., to meet the intent of the requirement. (j) A qualified independent fiduciary is any individual or entity with appropriate training, experience, and facilities to act on behalf of the plan regarding the exemption transaction in accordance with the fiduciary duties and responsibilities prescribed by ERISA, that is independent of and unrelated to any party in interest engaging in the exemption transaction and its affiliates; in general, the determination as to the independence of a fiduciary is made by the Department on the basis of all relevant facts and circumstances. Does paragraph (h)(4)(i)(d) of 29 CFR 1910.106, which references paragraph (d) of 29 CFR 1910.106, apply to both containers and portable tanks or to only containers? 29 CFR Part 1928 - Agriculture Standards To assist the employer in identifying which Agriculture Standards apply to them, questions regarding the subparts and subsequent standards are provided to help the employer identify which are applicable to them. 1. 2. The employer will certify that concentrations are in fact, at least 25 percent below the lower explosive limit (LEL). Code of Federal Regulations Title 20—Employees' Benefits CHAPTER III—SOCIAL SECURITY ADMINISTRATION (Revised as of April 1, 2020) For more recent regulations, see the web site 7. 4. 9. Application of 29 CFR 1910.106 to a Flammable Liquid Storage and Dispensing Operation During an ongoing inspection a CSHO encountered a flammable liquid storage and dispensing operation where it was not clear which portions of 29 CFR 1910.106 applied. It also involves work activities aboard floating vessels as well as vessel-related work activities on the land, docks, piers, and other … (Ref. Occupational Safety and Health Administration Regulations (Standards - 29 CFR) - Table of Contents This section applies to General Industry (part 1910), Shipyards (part 1915), Marine Terminals (part 1917), Longshoring (part 1918), and Construction (part 1926).
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