CCLME.ORG - DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS  CHAPTERS 1 through 6
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s 8346. Purpose and Objectives.




Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.




s 8347. Scope.
These orders shall apply to all shoreside ship and boat building, ship repair and breaking operations up to the dockside end of the gangway, and to all shore-based cranes and shore-based devices used for loading or unloading materials on or off vessels on the navigable waters of the United States contiguous to the borders of the State of California. These orders do not apply to work aboard vessels on cradles on marine railways, in graving docks or dry docks, including floating dry docks, or on vessels afloat on navigable waters.




Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.




s 8348. Labor Code, Section 6404.





s 8349. Employee Responsibility.





s 8350. Injury and Illness Prevention Program.
All employers shall establish, implement and maintain an effective Injury and Illness Prevention Program in accordance with section 3203 of the General Industry Safety Orders.
(a) A written Code of Safe Practices similar or equal to those contained in Appendix A shall be developed, implemented and posed in a conspicuous location, and issued to each employee.




Note: Authority cited: Sections 142.3 and 6401.7, Labor Code. Reference: Sections 142.3 and 6401.7, Labor Code.




s 8351. First Aid.




Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.




s 8352. Application of These Orders.
These orders shall apply to the construction, reconditioning, rebuilding, altering, overhauling, demolition, and repairing of all ships, boats, pontoons, floating drydocks, and/or similar floating structures of wood or metal construction irrespective of type or description (exception, row boats and racing shells) at any place of employment in the State of California.




Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.




s 8352.1. OSHA Standards.




Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.




s 8353. Permits for Variations from These Orders.





s 8354. Definitions.
(a) Definitions.
Accessible Surface. A surface capable of being worked upon without changing, altering, or dismantling the parts concerned.
Adjacent Spaces. Those spaces bordering a subject space in all directions, including all points of contact, corners, diagonals, decks, tank tops, and bulkheads.
Alarm. A signal or message from a person or device that indicates that there is a fire, medical emergency, or other situation that requires emergency response or evacuation. At some shipyards this may be called an "incident" or a "call for service."
Alarm System. A system that warns employees at the worksite of danger.
Barge. An unpowered, flat bottom, shallow draft vessel including scows, carfloats, and lighters. For purposes of these orders, the term does not include ship-shaped or deep draft barges.
Body Harness. A system of straps that may be secured about the employee in a manner that will distribute the fall arrest forces over at least the thighs, shoulders, chest and pelvis, with means for attaching it to other components of a personal fall arrest system.
Certified Industrial Hygienist (CIH). An industrial hygienist who is certified by the American Board of Industrial Hygiene.
Chief. The Chief of the Division of Occupational Safety and Health or designee.
Class II Standpipe System. A 1 1/2 inch (3.8 cm) hose system which provides a means for the control or extinguishment of incipient stage fires.
Coast Guard Authorized Person. An individual who meets the requirement of Appendix B to section 8355 for tank vessels, for passenger vessels, and for cargo and miscellaneous vessels.
Cofferdam. The space between two bulkheads located close together.
Cold Work. Any operation which does not involve heat, fire, or sparks.
Compartment. A subdivision of space or room in a ship.
Contract Employer. An employer, such as a painter, joiner, carpenter, or scaffolding sub-contractor, who performs work under a contract to the host employer or to another employer under contract to the host employer at the host employer's worksite. This excludes employers who provide incidental services that do not influence shipyard employment (such as mail delivery or office supply services).
Dangerous Atmosphere. An atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space), injury, or acute illness.
Designated Area. An area established for hot work after an inspection that is free of fire hazards.
Division. Division of Occupational Safety and Health.
Drop Test. A method utilizing gauges to ensure the integrity of an oxygen fuel gas burning system. The method requires that the burning torch is installed to one end of the oxygen and fuel gas lines and then the gauges are attached to the other end of the hoses. The manifold or cylinder supply valve is opened and the system is pressurized. The manifold or cylinder supply valve is then closed and the gauges are watched for at least sixty (60) seconds. Any drop in pressure indicates a leak.
Emergency Operations. Activities performed by fire response organizations that are related to: rescue, fire suppression, emergency medical care, and special operations or activities that include responding to the scene of an incident and all activities performed at that scene.
Enter with Restrictions. Denotes a space where entry for work is permitted only if engineering controls, personal protective equipment, clothing, and time limitations are as specified by the Marine Chemist, Certified Industrial Hygienist, or the shipyard competent person.
Entry. The action by which a person passes through an opening into a space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.
Fire Hazard. A condition or material that may start or contribute to the spread of a fire.
Fire Protection. Methods of providing fire prevention, response, detection, control, extinguishment, and engineering.
Fire Response. The activity taken by the employer at the time of an emergency incident involving a fire at the worksite, including fire suppression activities carried out by internal or external resources or a combination of both, or total or partial employee evacuation of the area exposed to the fire.
Fire Response Employee. A shipyard employee who carries out the duties and responsibilities of shipyard firefighting in accordance with the fire safety plan.
Fire Response Organization. An organized group knowledgeable, trained, and skilled in shipyard firefighting operations that responds to shipyard fire emergencies, including: fire brigades, shipyard fire departments, private or contractual fire departments, and municipal fire departments.
Fire Suppression. The activities involved in controlling and extinguishing fires.
Fire Watch. A person having knowledge of and qualified in fire prevention and suppression techniques, whose duties include: patrolling areas for the purpose of fire prevention; checking areas that are potential fire hazards, reporting potential fire hazards directly to the nearest person in charge of the job; suppressing any small fires, and immediately reporting all fires to the yard fire department and/or immediate supervisor of the operation.
Fixed Extinguishing System. A permanently installed fire protection system that either extinguishes or controls fire occurring in the space it protects.
Flammable Liquid. Any liquid having a flashpoint below 100 o F (37.8 o C), except any mixture having components with flashpoints of 100 o F (37.8 o C) or higher, the total of which make up 99 percent or more of the total volume of the mixture.
Gangway. Any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel including accommodation ladders, gangplanks and brows.
Hazardous Substance. A substance likely to cause injury by reason of being explosive, flammable, poisonous, corrosive, oxidizing, an irritant, or otherwise harmful.
Horse. A device or structure generally used in multiple for supporting a platform of boards or planks. It consists essentially of a single header or ledger supported at each end by two legs assembled in the form of A-frames.
Hose Systems. Fire protection systems consisting of a water supply, approved fire hose, and a means to control the flow of water at the output end of the hose.
Host Employer. An employer who is in charge of coordinating work or who hires other employers to perform work at a multi-employer workplace.
Hot work. Any activity involving riveting, welding, burning, the use of powder-actuated tools or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark-producing operations are also considered hot work except when such operations are isolated physically from any atmosphere containing more than 10 percent of the lower explosive limit of a flammable or combustible substance.
Immediately Dangerous to Life or Health (IDLH). An atmosphere that poses an immediate threat to life or that is likely to result in acute or immediate severe health effects.
Incident Management System. A system that defines the roles and responsibilities to be assumed by personnel and the operating procedures to be used in the management and direction of emergency operations; the system is also referred to as an "incident command system" (ICS).
Incipient Stage Fire. A fire, in the initial or beginning stage, which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.
Inert or Inerted Atmosphere. An atmospheric condition where:
(1) The oxygen content of the atmosphere in the space is maintained at a level equal to or less than 8.0 percent by volume or at a level at or below 50 percent of the amount required to support combustion, whichever is less; or
(2) The space is flooded with water and the vapor concentration of flammable or combustible materials in the free space atmosphere above the water line is less than 10 percent of the lower explosive limit for the flammable or combustible material.
Inerting. The displacement of the atmosphere in a permit space by noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible. This procedure produces an IDLH oxygen-deficient atmosphere.

Interior Structural Firefighting Operations. The physical activity of fire response, rescue, or both involving a fire beyond the incipient stage inside of buildings, enclosed structures, vessels, and vessel sections.
Labeled. Identified with a sign, placard, or other form of written communication, including pictograms, that provides information on the status or condition of the work space to which it is attached.
Ledger. The horizontal member of a scaffold that runs at right angles to the structure and directly supports the planking of the platform.
Lower Explosive Limit (LEL). The minimum concentration of vapor in air below which propagation of a flame does not occur in the presence of an ignition source.
Marine Chemist. An individual who possesses a current Marine Chemist Certificate issued by the National Fire Protection Association.
Multi-Employer Workplace/site. A workplace where there is a host employer and at least one contract employer.

Not Safe for Hot Work. Denotes a space where hot work may not be performed because the conditions do not meet the criteria for Safe for Hot Work.
Nationally Recognized Testing Laboratory (NRTL). An organization recognized by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), in accordance with Appendix A of Title 29 Code of Federal Regulations section 1910.7, which tests for safety and lists or labels or accepts equipment and materials that meet all the criteria found in section 1910.7(b)(1) through (b)(4)(ii).
NIOSH. The National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designated representative.
Not Safe for Workers. Denotes a space where an employee may not enter because the conditions do not meet the criteria for Safe for Workers.
Oxygen-Deficient Atmosphere. An atmosphere having an oxygen concentration of less than 19.5 percent by volume.
Oxygen-Enriched Atmosphere. An atmosphere that contains 22.0 percent or more oxygen by volume.

Personal Alert Safety System (PASS). A device that sounds a loud signal if the wearer becomes immobilized or is motionless for 30 seconds or more.
Physical Isolation. The elimination of a fire hazard by removing the hazard from the work area (at least 35 feet for combustibles), by covering or shielding the hazard with fire-resistant material, or physically preventing the hazard from entering the work area.
Physically Isolated. Positive isolation of the supply from the distribution piping of a fixed extinguishing system. Examples of ways to physically isolate include: removing a spool piece and installing a blank flange; providing a double block and bleed valve system; or completely disconnecting valves and piping from all cylinders or other pressure vessels containing extinguishing parts.
Platform. A floored elevated area. It may be erected in the scaffolding independent of the staging or elsewhere.
Protected Space. Any space into which a fixed extinguishing system can discharge.

Proximity Firefighting. Specialized firefighting operations that require specialized thermal protection and may include the activities of rescue, fire suppression, and property conservation at incidents involving fires that produce very high levels of conductive, convective and radiant heat such as aircraft fires, bulk flammable gas fires, and bulk flammable liquid fires. Proximity firefighting operations usually are exterior operations but may be combined with structural firefighting operations. Proximity firefighting is not entry firefighting.
Psi. Pounds per square inch.
Qualified Instructor. A person with specific knowledge, training, and experience in fire response or fire watch activities to cover the material found in Section 8397.13(b) or (c).
Rescue. Locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and transporting the injured to an appropriate health care facility.
Ribbon. The horizontal member in a scaffold which runs from upright to upright parallel to the hull or structure and is normally placed directly under the ledger.
Safe for Hot Work. Denotes a space that meets all of the following criteria:
(1) The oxygen content of the atmosphere does not exceed 22.0 percent by volume;
(2) The concentration of flammable vapors in the atmosphere is less than 10 percent of the lower explosive limit;
(3) The residues or materials in the space are not capable of producing a higher concentration than permitted in subsections (1) or (2) of the above, under existing atmospheric conditions in the presence of hot work and while maintained as directed by the Marine Chemist or competent person, and
(4) All adjacent spaces have been cleaned, or inerted, or treated sufficiently to prevent the spread of fire.
Safe for Workers. Denotes a space that meets the following criteria:

(1) The oxygen content of the atmosphere is at least 19.5 percent and below 22 percent by volume;
(2) The concentration of flammable vapors is below 10 percent of the lower explosive limit (LEL);
(3) Any toxic materials in the atmosphere associated with cargo, fuel, tank coatings, or inerting media are within permissible concentrations at the time of the inspection; and
(4) Any residues or materials associated with the work authorized by the Marine Chemist, Certified Industrial Hygienist, or competent person will not produce uncontrolled release of toxic materials under existing atmospheric conditions while maintained as directed.
Scaffolding. The structure erected and maintained for the purpose of supporting the staging planks.
Service Line. A small rope or hand line used for hoisting and lowering light loads by hand.

Shipbreaking. Any breaking down of a vessel's structure for the purpose of scrapping the vessel, including the removal of gear, equipment or any component part of a vessel.
Shipbuilding. The construction of a vessel, including the installation of machinery and equipment.
Shiprepair. Repair of a vessel including, but not restricted to, alterations, conversions, installations, cleaning, painting, and maintenance work.
Shipyard Firefighting. The activity of rescue, fire suppression, and property conservation involving buildings, enclosed structures, vehicles, vessels, aircraft, or similar properties involved in a fire or emergency situation.
Small Hose System. A system of hoses ranging in diameter from 5/8"(1.6 cm) up to 1 1/2"(3.8 cm) which is for the use of employees and which provides a means for the control and extinguishment of incipient stage fires.
Space. An area on a vessel or vessel section or within a shipyard such as, but not limited to: cargo tanks or holds; pump or engine rooms; storage lockers; tanks containing flammable or combustible liquids, gases, or solids; rooms within buildings; crawl spaces; tunnels or accessways. The atmosphere within a space is the entire area within its bounds.
Staging. The runways or walkways supported by the scaffolding, and from which or upon which the employees work.
Standard Guardrail. See Article 16, Construction Safety Orders.
Standpipe. A fixed fire protection system consisting of piping and hose connections used to supply water to approved hose lines or sprinkler systems. The hose may or may not be connected to the system.
Suitable. Capable of performing with safety the particular function specified in these orders.
Toeboard. A board set on edge in the same vertical plane as the railing and whose lower edge is no more than 1/4-inch from the top of the staging, platform or runway.
Upper Explosive Limit (UEL). The maximum concentration of flammable vapor in air above which propagation of flame does not occur on contact with a source of ignition.
Vessel. Includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.
Vessel Section. A sub-assembly, module, or other component of a vessel being built, repaired, or broken.
Visual Inspection. The physical survey of the space, its surroundings and contents to identify hazards such as, but not limited to, restricted accessibility, residues, unguarded machinery, and piping or electrical systems.




Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.




s 8355. Confined and Enclosed Spaces and Other Dangerous Atmospheres.
(a) Supervision and Responsibility. The employer shall neither permit nor require any hazardous work to be done in any closed compartment or poorly ventilated space until such work can be done with a minimum risk of injury to employees. The employer shall designate a person or persons to be responsible for supervising and coordinating such work.
(b) Competent Person Designation.

(1) One or more competent persons shall be designated by the employer in accordance with the applicable requirements of this section, unless the requirements of this section are always carried out by a Marine Chemist.
Exception: The employer may designate any person who meets the applicable portions of the criteria set forth in subsection (c) as a competent person who is limited to performing testing to the following situations:
(A) Repair work on small craft in boat yards where only combustible gas indicator tests are required for fuel tank leaks or when using flammable paints below decks;
(B) Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required;
(C) The breaking of vessels where there is no fuel oil or other flammable hazard; and
(D) Tests and inspections performed to comply with subsection (j).
(2) The employer shall maintain either a roster of designated competent persons or a statement that a Marine Chemist will perform the tests or inspections which require a competent person.
(A) The employer shall make the roster of designated persons or the statement available to employees, the employee's representative, the Chief or NIOSH upon request.
(B) The roster shall contain, as a minimum, the following:
1. The employer's name.
2. The designated competent person's name(s), and
3. The date the employee was trained as a competent person.
(c) Criteria. The employer shall ensure that each designated competent person has the following skills and knowledge:
(1) Ability to understand and carry out written or oral information or instructions left by Marine Chemist, Coast Guard authorized persons and Certified Industrial Hygienists;

(2) Knowledge of this section;
(3) Knowledge of the structure, location, and designation of spaces where work is done;
(4) Ability to calibrate and use testing equipment including but not limited to, oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and to interpret accurately the test results of that equipment;
(5) Ability to perform all required tests and inspections which are or may be performed by a competent person as set forth in this section.
(6) Ability to inspect, test, and evaluate spaces to determine the need for further testing by a Marine Chemist or a Certified Industrial Hygienist; and
(7) Ability to maintain records required by this section.
(d) Recordkeeping.

(1) When tests and inspections are performed by a competent person, Marine Chemist, or Certified Industrial Hygienist as required by any provisions of this section, the employer shall ensure that the person performing the test and inspection records the location, time, date, location of inspected spaces, and the operations performed, as well as the test results and any instructions.
(2) The employer shall ensure that the records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. The records shall be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.
(3) The employer shall ensure that the records are available for inspection by the Chief, NIOSH, employees and their representatives.
(e) Precautions and Order of Testing Before Entering Confined and Enclosed Spaces and Other Dangerous Atmospheres. The employer shall ensure that atmospheric testing is performed in the following sequence: oxygen content, flammability, toxicity. If electronic or thermal equipment is used for testing and the possibility exists of an explosive substance or a flammable atmosphere, then the testing equipment must be approved for use in such explosive or flammable conditions as required by section 2540.2.

(1) Oxygen content.
(A) The employer shall ensure that the following spaces are visually inspected and tested by a competent person to determine the atmosphere's oxygen content prior to initial entry into the space by an employee:
1. Spaces that have been sealed, such as, but not limited to, spaces that have been coated and closed up, and non-ventilated spaces that have been freshly painted;
2. Spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases;
3. Spaces and adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive, or irritant;
4. Spaces and adjacent spaces that have been fumigated; and
5. Spaces containing materials or residues of materials that create an oxygen-deficient atmosphere.

(B) If the space to be entered contains an oxygen deficient atmosphere, the space shall be labeled "Not Safe for Workers" or, if oxygen-enriched, "Not Safe for Workers - Not Safe for Hot Work." If an oxygen-deficient or oxygen-enriched atmosphere is found, ventilation shall be provided at volumes and flow rates sufficient to ensure that the oxygen content is maintained at or above 19.5 percent and below 22.0 percent by volume. The warning label may be removed when the oxygen content is equal to or greater than 19.5 and less than 22.0 percent by volume.
(C) An employee may not enter a space where the oxygen content, by volume, is below 19.5 percent or above 22.0 percent.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space provided:
1. The atmosphere in the space is monitored for oxygen content, by volume, continuously; and
2. Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with section 5144 and sections 3380 to 3384. Note : Other provisions for work in IDLH atmospheres are located in section 5144.
(2) Flammable atmospheres.
(A) The employer shall ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases are:
1. Inspected visually by the competent person to determine the presence of combustible or flammable liquids; and
2. Tested by a competent person prior to entry by an employee to determine the concentration of flammable vapors and gases within the space.
(B) If the concentration of flammable vapors or gases in the space to be entered is equal to or greater than 10 percent of the lower explosive limit, the space shall be labeled "Not Safe for Workers" and "Not Safe for Hot Work." Ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors is maintained below 10 percent of the lower explosive limit. The warning labels may be removed when the concentration of flammable vapors is below 10 percent of the lower explosive limit.
(C) An employee may not enter a space where the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space, provided:
1. No ignition sources are present;
2. The atmosphere in the space is monitored continuously;
3. Atmospheres at or above the upper explosive limit are maintained; and
4. Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with section 5144 and section 3380 to 3384.

Note #1: Additional provisions for work in IDLH atmospheres are located in section 5144.
Note #2:Additional provisions for work in spaces containing a flammable substance which also has a permissible exposure limit, are located in subsection (k) and Articles 109 and 110 of the General Industry Safety Orders.
(3) Toxic, corrosive, irritant or fumigated atmospheres and residues.
(A) The employer shall ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive or irritant are:
1. Inspected visually by the competent person to determine the presence of toxic, corrosive, or irritant residue contaminants; and
2. Tested by a competent person prior to initial entry by an employee to determine the air concentration of toxics, corrosives, or irritants within the space.
(B) If a space contains an air concentration of a material which exceeds a section 5155 permissible exposure limit (PEL) or is IDLH, the space shall be labeled "Not Safe for Workers." Ventilation shall be provided at volumes and flow rates which will ensure that air concentrations are maintained within the PEL or, in the case of contaminants for which there is no established PEL, below the IDLH. The warning label may be removed when the concentration of contaminants is maintained within the PEL or below IDLH level.
(C) If a space cannot be ventilated to within the PELs or is IDLH, a Marine Chemist or CIH must re-test until the space can be certified "Enter with Restrictions" or "Safe for Workers."
(D) An employee may not enter a space whose atmosphere exceeds a PEL or is IDLH.
Exception: An employee may enter for emergency rescue, or for a short duration for installation of ventilation equipment provided:
1. The atmosphere in the space is monitored continuously;
2. Respiratory protection and other necessary and appropriate personal protective equipment and clothing are provided in accordance with section 5144 and section 3380 to 3384. Note : Other provisions for work in IDLH atmospheres are located in section 5144.
(4) Training of employees entering confined and enclosed spaces or other dangerous atmospheres.
(A) The employer shall ensure that each employee that enters a confined or enclosed space and other areas with dangerous atmospheres is trained to perform all required duties safely.
(B) The employer shall ensure that each employee who enters a confined space, enclosed space, or other areas with dangerous atmospheres is trained to:
1. Recognize the characteristics of the confined space;
2. Anticipate and be aware of the hazards that may be faced during entry;
3. Recognize the adverse health effects that may be caused by the exposure to a hazard;
4. Understand the physical signs and reactions related to exposures to such hazards;
5. Know what personal protective equipment is needed for safe entry into and exit from the space;
6. Use personal protective equipment; and
7. Where necessary, be aware of the presence and proper use of barriers that may be needed to protect an entrant from hazards.
(C) The employer shall ensure that each entrant into confined or enclosed spaces or other dangerous atmospheres is trained to exit the space or dangerous atmosphere whenever:
1. The employer or his or her representative orders evacuation;
2. An evacuation signal such as an alarm is activated; or
3. The entrant perceives that he or she is in danger.
(D) The employer shall provide each employee with training:

1. Before the entrant begins work addressed by this section; and
2. Whenever there is a change in operations or in an employee's duties that presents a hazard about which the employee has not previously been trained.
(E) The employer shall certify that the training required by subsection (e)(4) has been accomplished.
1. The certification shall contain the employee's name, the name of the certifier, and the date(s) of the certification.
2. The certification shall be available for inspection by the Chief, NIOSH, employees, and their representatives.
(5) Rescue teams. The employer shall either establish a shipyard rescue team or arrange for an outside rescue team which will respond promptly to a request for rescue service.
(A) Shipyard rescue teams shall meet the following criteria:

1. Each employee assigned to the shipyard team shall be provided with and trained to use the personal protective equipment he or she will need, including respirators and any rescue equipment necessary for making rescues from confined and enclosed spaces and other dangerous atmospheres.
2. Each employee assigned to the shipyard rescue team shall be trained to perform his or her rescue functions including confined and enclosed and other dangerous atmosphere entry.
3. Shipyard rescue teams shall practice their skills at least once every 12 months. Practice drills shall include the use of mannequins and rescue equipment during simulated rescue operations involving physical facilities that approximate closely those facilities from which rescue may be needed. Note : If the team performs an actual rescue during the 12 month period, an additional practice drill for that type of rescue is not required.
4. At least one person on each rescue team shall maintain current certification in basic first aid which includes maintenance of an airway, control of bleeding, maintenance of circulation and cardiopulmonary resuscitation (CPR) skills.

(B) The employer shall inform outside rescue teams of the hazards that the team may encounter when called to perform confined and enclosed space or other dangerous atmosphere rescue at the employer's facility so that the rescue team can be trained and equipped. Note : The criteria for in-house rescue, listed in subsection (e)(5)(A) can be used by the employer in evaluating outside rescue services.
(6) Exchanging hazard information between employers. Each employer whose employees work in confined and enclosed spaces or other dangerous atmospheres shall ensure that all available information on the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres is exchanged with any other employer whose employees may enter the same spaces. This requirement shall apply even if the other employer is covered by sections 5157 or 5158.
(7) When an employer (host employer) arranges to have employees of another employer (contractor) perform work that involves a confined space entry covered by this standard or by sections 5157 or 5158, the host employer shall:
(A) Inform the contractor that the workplace contains a confined space and that confined space entry is allowed only through compliance with a confined space program meeting the requirements of this section, section 5157 or section 5158, depending on which section applies to the contractor;
(B) Apprise the contractor of the elements, including the hazards identified and the host employer's experience with the confined space, that make the space in question a confined space;
(C) Apprise the contractor of any precautions or procedures that the host employer has implemented for the protection of employees in or near the confined space where the contractor's personnel will be working;
(D) Coordinate entry operations with the contractor, when both host employer personnel and contractor personnel will be working in or near the confined space, as required by subsection (e)(6); and
(E) Debrief the contractor at the conclusion of the confined space operation regarding the confined space program followed and any hazards confronted or created in the confined space during entry operations.
(8) In addition to complying with the confined space requirements that apply to all employers, each contractor who is retained to perform confined space entry operations shall:

(A) Obtain any available information regarding confined space hazards and entry operations from the host employer;
(B) Coordinate entry operations with the host employer, when both host employer personnel and contractor personnel will be working in or near a confined space, as required by subsection (e)(6); and
(C) Inform the host employer of the confined space program that the contractor will follow and of any hazards confronted or created in the confined space, either through a debriefing or during the entry operation.
(f) Cleaning and Other Cold Work.
(1) Locations covered by this section. The employer shall ensure that manual cleaning and other cold work are not performed in the following spaces unless the conditions of subsection (f)(2) have been met:
(A) Spaces containing or having last contained bulk quantities of combustible or flammable liquids or gases; and

(B) Spaces containing or having last contained bulk quantities of liquids, gases or solids that are toxic, corrosive or irritating.
(2) Requirements for performing cleaning or cold work.
(A) Liquid residues of hazardous materials shall be removed from work spaces as thoroughly as practicable before employees start cleaning operations or cold work in a space. Special care shall be taken to prevent the spilling or the draining of these materials into the water surrounding the vessel, or for shore-side operations, onto the surrounding work area.
(B) Testing shall be conducted by a competent person to determine the concentration of flammable, combustible, toxic, corrosive, or irritant vapors within the space prior to the beginning of cleaning or cold work.
(C) Continuous ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration(s) of:
1. Flammable vapor is maintained below 10 percent of the lower explosive limit; and Note : Spaces containing highly volatile residues may require additional ventilation to keep the concentration of flammable vapors below 10 percent of the lower explosive limit and within the permissible exposure limit.
2. Toxic, corrosive, or irritant vapors are maintained within the permissible exposure limits and below IDLH levels.
(D) Testing shall be conducted by the competent person as often as necessary during cleaning or cold work to assure that air concentrations are below 10 percent of the lower explosive limit and within the PELs and below IDLH levels. Factors such as, but not limited to, temperature, volatility of the residues and other existing conditions in and about the spaces are to be considered in determining the frequency of testing necessary to assure a safe atmosphere. Note : See Appendix A for additional information on frequency of testing.
(E) Spills or other releases of flammable, combustible, toxic, corrosive, and irritant materials shall be cleaned up as work progresses.
(F) An employee may not enter a confined or enclosed space or other dangerous atmosphere if the concentration of flammable or combustible vapors in work spaces exceeds 10 percent of the lower explosive limit.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment provided:
1. No ignition sources are present;
2. The atmosphere in the space is monitored continuously;
3. The atmosphere in the space is maintained above the upper explosive limit; and
4. Respiratory protection, personal protective equipment, and clothing are provided in accordance with section 5144 and sections 3380 to 3384. Note : Other provisions for work in IDLH and other dangerous atmospheres are located in section 5144.
(G) A competent person shall test ventilation discharge areas and other areas where discharged vapors may collect to determine if vapors discharged from the spaces being ventilated are accumulating in concentrations hazardous to employees.
(H) If the tests required in subsections (f)(2)(G) indicate that concentrations of exhaust vapors that are hazardous to employees are accumulating, all work in the contaminated area shall be stopped until the vapors have dissipated or been removed.
(I) Only explosion-proof, self-contained portable lamps, or other electric equipment approved by a National Recognized Testing Laboratory (NRTL) for the hazardous location shall be used in spaces described in subsection (f)(1) until such spaces have been certified as "Safe for Workers." Note : Battery-fed, portable lamps or other electric equipment bearing the approval of a NRTL for the class, and division of the location in which they are used are deemed to meet the requirements of this paragraph.
(J) The employer shall prominently post signs that prohibit sources of ignition within or near a space that has contained flammable or combustible liquids or gases in bulk quantities:
1. At the entrance to those spaces;
2. In adjacent spaces; and
3. In the open area adjacent to those spaces.

(K) All air moving equipment and its component parts, including duct work, capable of generating a static electric discharge of sufficient energy to create a source of ignition, shall be bonded electrically to the structure of a vessel or vessel section or, in the case of land-side spaces, grounded to prevent an electric discharge in the space.
(L) Fans shall have non-sparking blades, and portable air ducts shall be of non-sparking materials.
Note to subsection (f)(2): See subsection (e)(3) and applicable requirements of Articles 109 and 110 of the General Industry Safety Orders for other provisions affecting cleaning and cold work.
(g) Hot Work.
(1) Hot work requiring testing by a Marine Chemist or Coast Guard authorized person.
(A) The employer shall ensure that hot work is not performed in or on any of the following confined and enclosed spaces and other dangerous atmospheres, boundaries of spaces or pipelines until the work area has been tested and certified by a Marine Chemist or a U.S. Coast Guard authorized person as "Safe for Hot Work":
1.Within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases.
2. Within, on, or immediately adjacent to fuel tanks that contain or have last contained fuel; and
3. On pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last contained fuel.
4. Exception: On dry cargo, miscellaneous and passenger vessels and in the landside operations, within spaces which meet the standards for oxygen, flammability and toxicity in subsection (e) but are adjacent to spaces containing flammable gases or liquids, as long as the gases or liquids have a flash point below 150 degrees F (65.6 degrees C) and the distance between such spaces and the work is 25 feet (7.5 m) or greater. Note : For flammable liquids with flash points above 150 degrees F (65.5 degrees C), see subsection (g)(2).
Note to subsection (g)(1)(A): The criteria for safe for hot work is located in section 8354, definitions.
(B) The certificate issued by the Marine Chemist or Coast Guard authorized person shall be posted in the immediate vicinity of the affected operations while they are in progress and kept on file for a period of at least three months from the date of the completion of the operation for which the certificate was generated.
(2) Hot work requiring testing by a competent person.
(A) Hot work is not permitted in or on the following spaces or adjacent spaces or other dangerous atmospheres until they have been tested by a competent person and determined to contain no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit:
1. Dry cargo holds.
2. The bilges.
3. The engine room and boiler spaces for which a Marine Chemist or a Coast Guard authorized person certificate is not required under subsection (g)(1)(A)1., and
4. Vessels and vessel sections for which a Marine Chemist or Coast Guard authorized person certificate is not required under subsection (g)(1)(A)l., and
5. Land-side confined and enclosed spaces or other dangerous atmospheres not covered by subsection (g)(1)(A).
(B) If the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit in the space or an adjacent space where the hot work is to be done, then the space shall be labeled "Not Safe for Hot Work" and ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors or gases is below 10 percent by volume of the lower explosive limit. The warning label may be removed when the concentration of flammable vapors and gases are below 10 percent lower explosive limit.
Note to subsection (g): See appendix A for additional information relevant to performing hot work safely.
(h) Maintenance of Safe Conditions.

(1) Preventing hazardous materials from entering. Pipelines that could carry hazardous materials into spaces that have been certified "Safe for Workers" or "Safe for Hot Work" shall be disconnected, blanked off, or otherwise blocked by a positive method to prevent hazardous materials from being discharged into the space.
(2) Alteration of existing conditions. When a change that could alter conditions within a tested confined or enclosed space or other dangerous atmosphere occurs, work in the affected space or area shall be stopped. Work may not be resumed until the affected space or area is visually inspected and retested and found to comply with subsections (e), (f) and (g), as applicable. Note : Examples of changes that would warrant the stoppage of work include: The opening of manholes or other closures or the adjusting of a valve regulating the flow of hazardous materials.
(3) Tests to maintain the conditions of a Marine Chemist's or Coast Guard authorized person's certificates. A competent person shall visually inspect and test each space certified as "Safe for Workers" or "Safe for Hot Work," as often as necessary to ensure that atmospheric conditions within that space is maintained within the conditions established by the certificate after the certificate has been issued.
(4) Change in the conditions of a Marine Chemist's or Coast Guard authorized person's certificate. If a competent person finds that the atmospheric conditions within a certified space fail to meet the applicable requirements of subsections (e), (f) and (g), work in the certified space shall be stopped and may not be resumed until the space has been retested by a Marine Chemist or Coast Guard authorized person and a new certificate issued in accordance with subsection (g)(1).
(5) Tests to maintain a competent person's findings. After a competent person has conducted a visual inspection and tests required in subsections (e), (f) and (g) and determined a space to be safe for an employee to enter, he or she shall continue to test and visually inspect spaces as often as necessary to ensure that the required atmospheric conditions within the tested space are maintained.
(6) Changes in conditions determined by a competent person's findings. After the competent person has determined initially that a space is safe for an employee to enter and he or she finds subsequently that the conditions within the tested space fail to meet the requirements of subsections (e), (f) and (g), as applicable, work shall be stopped until the conditions in the tested space are corrected to comply with subsections (e), (f) and (g), as applicable.
(i) Warning Signs and Labels.
(1) Employee comprehension of signs and labels. The employer shall ensure that each sign or label posted to comply with the requirements of this subpart is presented in a manner that can be perceived and understood by all employees.
(2) Posting of large work areas. A warning sign or label required by subsection (i)(1) need not be posted at an individual tank, compartment or work space within a work area if the entire work area has been tested and certified: not safe for workers, not safe for hot work, and if the sign or label to this effect is posted conspicuously at each means of access to the work area.
(j) General Precautions.
(1) Access Openings -New and Repair Work. At least one access opening shall be provided in confined spaces or other areas where an employee may be trapped. This opening shall be kept sufficiently clear of hose, conductors, ventilation ducts, or other obstructions to provide ready egress in case of an emergency.

(2) Care shall be taken in placing welding leads and hose so that ducts serving blowers are not pinched off. Ducting shall be treated with fire retardant material or otherwise protected against sparks from welding or burning operations.
(3) If the required necessary ventilation is interrupted, the employer shall cause the work to stop and shall order the employees to leave the compartment or space immediately. Prior to any resumption of operations, a qualified person and/or Certificated Marine Chemist shall personally ascertain that the space is safe to enter and/or safe for the type of work to be performed.
(4) A fire watch for hot work operations shall remain on duty from the time hot work is started until it is completed and danger is passed. The employee assigned as a fire watch shall not leave the area and shall have a suitable fire extinguisher available.
(5) Whenever liquid solvents, paint and preservative removers, paints or other vehicles in use are capable of producing a flammable atmosphere under conditions of use, a qualified person shall inspect all power and lighting cables to ensure that they are undamaged, being used safely, and that there are no connections within 50 feet of the operation.
(6) A temporarily assembled pressurized piping system conveying hazardous liquids or gases shall be provided with a relief valve and by-pass to a safe location to prevent rupture of the system and the escape of such hazardous liquids or gases.
(7) Unless pressure vessels, drums and containers of 30-gallon capacity or over containing flammable or toxic liquids or gases are placed in an out-of-the-way area where they will not be subject to physical injury from an outside source, barriers or guards shall be erected to protect them from such physical injury.
(8) Containers of 55 gallons or more capacity containing flammable or toxic liquid shall not be stored in an area unless surrounded by dikes or pans which enclose a volume equal to at least 35 percent of the total volume of the containers.
(9) All work areas shall have adequate natural or artificial illumination.
(10) The use of matches and open flame lights shall be prohibited.

(11) In spaces which contain or are likely to contain flammable vapors only explosion-proof lighting devices shall be used.
(k) Paints and Tank Coatings Dissolved in Highly Volatile, Toxic and Flammable Solvents. Work involving organic coatings, adhesives and resins dissolved in highly toxic, flammable and explosive solvents with flash points below 805 F., shall be done only when the following special precautions have been taken:
(1) The face, eyes, head, hands and all other exposed parts of the bodies of employees handling highly volatile paints shall be protected. All footwear shallbe nonsparking, such as rubbers, rubber boots or rubber soled shoes without nails. Coveralls or other outer clothing shall be of cotton or other non-static spark-producing material. Rubber, rather than plastic gloves, shall be used because of the danger of static sparks. (continued)