Document dQd8y8Jp3BxXwNMVExojny1wq

State of New York . DEPARTMENT OF STATE PLAINTIFF'S i EXHIBIT CED-5' IT IS HEREBY CERTIFIED, that the attached is a true copy of 12 NYCRR, Part 12 as filed with the New York State Department of State and In effect on DOS-235 (Rev. 7/89) of May one thousand nine hundred and ninety. Secretary of State CHAPTER Z BOARD OF STANDARDS AND APPEALS 12.2 PART 12 CONTROL OF AIR CONTAMINANTS XN FACTORIES (Statutory authority: Labor Law, |) 27-a, 28, 29, 200, 299) 8m. 32.1 Application 324 Definition* 12.1 Responsibility of mpl0]r*r* 12.4 Responsibility of employs** Exiftlnff MUlDmcnt 12.6 Prevention of air contamination 12.7 General maintenance of equipment 124 General control requirement* 12.9 General control methods 12.10 Exhaust system* 12.11 Isolation or serregatien of operations 1242 Separation of different processes creating a hazard 12.12 Prevention of ignition 1244 Personal respiratory protective equipment 12.18 Goggles, macks and shields 3246 Protective clothing See. 12.17 Emergency flushing feelilt!es 32.11 Flexible electrical cords and portable lights 3249 Mixing and thinning of flammable liquids 1240 Emptied container* 12.21 Use of certain flammable liquids 12.22 Refuse materiel 3243 Protection of adjacent occupancies 1244 Specific operations and spsclfle control requirements 12.25 Industrial products coating 1246 Fir* fighting equipment 1247 Evidence of dangerous air contaminants 1248 Approved devices or materials 1249 Severability Ssctien 12.1 Application, (a) This Part applies in and to all factories in the State of New York except as otherwise provided by law and to all persons employed therein and to their employers in respect to all materials, processes and operations generating, releasing or disseminating air contaminants. In respect to contaminants resulting from such processes or operations the following rules, which contain references to the prevention and control of air contaminants, and other provisions of the Industrial Code in regard thereto which may be adopted after November X, 1958, shall govern where Inconsistent with this Part: Industrial Code Rule No. 4--relating to Bakeries and Confectioneries. Industrial Code Fart 10--relating to Equipment, Maintenance and Sanitation of Foundries and the Control of Dust, Oases and Fumes in Foundries. Industrial Code Part 11--relating to Milling Industry and Malt House Elevator*. Industrial Code Part 33--relating to Protection of Persons Employed in Con* struction and Demolition Work. Industrial Code Part 37--relating to Laundry Work. Industrial Code Part 39--relating to Dry Dyeing Plants and Dry Cleaning Plants. Industrial Code Part 83--relating to Control of Silica Dust in Rock Drilling. Industrial Code Part 84--relating to Control of Silica Dust in Stone Crushing Operations. Industrial Code Part S3--relating to Control of Silica Dust in Stone Cutting and Stone Finishing Industry. Industrial Code Part 88--relating to Radiation Protection. (b) The provisions of Industrial Code Part 18 relating to exhaust systems shall apply for operations not specifically covered by the above rules. 112 Definition*. As used herein and in connection with this'Part the following tanas mean: (a) Air contaminant*. Airborne substances, such as dusts, fibers, fumes, gases, mists, vapors and other impurities. Rspeaisfl, effective October 13. 396L 187 IB 8-1-63 12.2 TITLE 12 LABOR (b) Air mover. Any device which produces forced sir flow, such ss a fan, ejector, or natural draft stack. (c) Approved. In respect to a device or material: in compliance with a sub* slating resolution of approval adopted by the board; in respect to action by the board: made the subject of a resolution of approval. (d) Board. The Board of Standards and Appeals of the State of New York. (e) Commissioner. The Industrial Commissioner of the State of New York. (f) Confined space. A space so enclosed that dangerous air contamination therein cannot be prevented or removed by natural ventilation through openings in the enclosure. (g) Control equipment. Equipment used to prevent air contamination or reduce or remove air contaminants: (h) Dangerous air contaminants. Air contaminants in quantities tending to injure the health of employees or creating a fire or explosion hazard, or in quanti ties greater than 25 per cent of the lower explosive level of any mixture or com pound which they may form. (i) Dilution ventnation. A ventilation system other than local ventilation which reduces air contamination to safe levels by the introduction of uncontaminated air. (J) Dipping. The application of industrial products coating material by means of total or partial immersion. (k) Employee. A person employed; one who works for wages or salary in the service of another. (l) Exhaust system. A ventilating system operating under negative pressure for the control of air contaminants. (m) Fiber*. Particles produced by handling, cutting, stripping, spinning or weaving 'of cotton, wool, fur, asbestos or other material constituted of thread-like or slender elements. (n) Flammable. Capable of igniting and continuing to bum when brought in contact' with an open flame, glowing combustion or other source of ignition and, for liquids, having a flash point of 200 degrees Fahrenheit or less. (o) Impregnating. Application of liquid material by permeation or saturation. (p) Industrial products coating. Application of paint and similar finishing material by dipping, impregnating, spraying or spreading, including operations in cidental to such work and subsequent drying operations, where the finishing ma terial contains flammable or toxic solvents or materials. (q) Local exhaust ventilation. A system of ventilation for collecting and remov ing air contaminants at the source of generation. (r) Mechanical ventilation. A system of ventilation having a power-driven air mover. (s) Open surface tank operation. An operation which involves the use of a tank containing liquid with the liquid surface directly exposed to the work atmos phere. These operations may include but are not limited to waahing, electroplating, anodizing, pickling, quenching, dyeing, dipping, tanning, dressing, bleaching, degreas ing, alkaline cleaning, stripping, rinsing, digesting and other similar operations. (t) Personal respiratory protective equipment. A respirator or other device worn for the purpose of preventing the wearer from inhaling harmful amounts of Air (u) Practicable. Capable of being done without disturbing essential functions or essential structural elements. (v) Recirculation. The return of part or all of the exhaust air to any spaoe occupied hy employees. (w) BhaJL The word "shall" is always mandatory. 288 LB 8-1-88 CHAPTER I BOARD OF STANDARDS AND APPEALS f 12.9 (z) Spraying. Hie application at liquid material in the form of a mist. (y) Spreading. The application at liquid material to a surface by brush, roller, flow or similar method. . (z) Tumbling prooeu. Any process in which articles, pieces or parts are placed In a rotating barrel, drum, mill or cays for the purpose of removal of rust, scale, debris or dust as well as for the purpose of smoothing, polishing, burnishing or cleaning by means of agitation. (aa) Work atmosphere. The atmosphere to which an employee is exposed in the course of performing his work. (bb) Working area or space. The area or space normally occupied or traversed by an employee while at work. 12.3 Responsibility of employer*, (a) Every employer shall effect compliance with the provisions of this Part relating to the prevention and removal of air con taminants, the storage and use of flammable liquids and the provision, installation, operation and maintenance of control or protective equipment. (b) Every employer shall instruct his employees as to the hazards of their work, the use of the control or protective equipment, and their responsibility for complying with this Part. (c) No employer shall suffer or permit an employee to work in a room in which there exist dangerous air contaminants in a work atmosphere. (d) No employer shall suffer or permit dangerous air contaminants to accumu late or remain in any factory, 12.4 Responsibility of employees. Every employee shall use the control and protective equipment provided for his protection and shall comply with all provisions of this Put relating to his personal conduct. 12.5 Existing equipment. Control equipment Installed prior to November 1, 1958 in accordance with the provisions of the Industrial Code then in effect and which is so maintained is exempt from all other or different provisions of this Part while such maintenance continues. 12.6 Prevention of air contamination. All operations producing air contam inants shall be so conducted that the generation, release or dissemination of air contaminants is kept at the lowest practicable level In any factory where the sources of air contamination are by reason of their extent, quantity or kind in capable of producing dangerous air contaminants, the provisions of this Part shall not apply. 12.7 General maintenance of equipment All equipment used to effect com pliance with this Part shall be maintained in good condition and in accordance with the requirements of the law and the Industrial Code. 12.8 General control requirements. Dangerous air contaminants shall be re moved or controlled as prescribed in this Part 12.9 General control methods, (a) One or more of the following methods shall be used to prevent remove or control dangerous air contaminants: (1) Substitution of a material or a method which does not produce dangerous Air *"*"* (2) Local exhaust ventilation conforming to the requirements of Industrial Cod* Part 18. (S) Dilution ventilation. (4) Application of water or other wetting agent (5) Enclosure or Isolation. 189 LB 8-1-63 512.10 TITLE 12 LABOR (6) Other methods approved by the board. 12.10 Exhaust system*. Every exhaust system required by this Part shall be constructed, installed, operated and maintained in compliance with the provisions of Industrial Code Part 18 relating to exhaust systems. 12.11 Isolation or segregation ot operations. All processes or operations releas ing or disseminating dangerous air contaminants shall be isolated, enclosed or otherwise segregated insofar as practicable. 12.12 Separation of different processes creating a hazard. Where processes generate different air contaminants which could, if intermixed, result in a fire or explosion hazard, such contaminants shall be exhausted by separata systems so as to eliminate such possibility. 12.13 Prevention of ignition. AH processes or operations using or generating air contaminants which constitute a firs or explosion hazard shall be protected from sources of accidental ignition. Unless such processes or operations are isolated by tight partitions or enclosures they Chan not be conducted within 20 feet of any materials, devices or operations which produce flames or sparks including, by way of illustration but not by way of limitation, engines, motors, welding and soldering torches. All processes and operation! within 20 feet of any spark or flame produc ing work such as welding Shall be discontinued and all ignitible air contaminants, flammable liquids and accumulated flammable residue shall be removed from the area of the flame or spark hazard before such work is begun. 12.14 Personal respiratory protective equipment, (a) Use. Personal res piratory protective equipment Shall not be used in lieu of other control methods, except for protection of employees in emergencies and in the repair, maintananoe or adjustment of equipment or processes, or upon specific approval by the board. (b) Approval. Personal respiratory protective equipment Shall be of a type approved by the board tor the particular class of substance or substances constitut ing the air contaminant trott: A list of approved respiratory protective equipment may be secured from the board. (c) Maintenance. Personal respiratory protective equipment shall be stored in air-tight containers or cabinets or in an uncontaminated area. Equipment shall be cleaned, serviced and repaired to maintain it in effective working condition and it shall be sterilized before use by any person other than the last wearer. 12.15 Goggles, masks and ehlelds. AH employees sxposed to air contaminants tending to injure or irritate the eyes shall be provided with and shall wear either safety goggles, close-fitting chemical goggles or an effective face mask or shield. An employee requiring prescription lenses in the normal performance of his work shall be supplied with prescription goggles or with goggles designed to fit ever his regular spectacles. 12.16 Protective clothing. AH employees exposed to air contaminants which tend to cause skin irritation or sldn diseases, or which can be absorbed through the skin in amounts griding to injure the health, shall be provided with appropriate dean, protective dothlng, such as coveralls, coats, headgear, gloves, sleeves or aprons as needed or where suitable. 12.17 Emergency flushing faculties. Emergency shower* or other faculties for flnbfag the sldn and body members shall be provided within 80 feet of the working position where employees may be exposed to sudden and seven concentra tions of corrosive air contaminants. 12.13 Flexible electrical cords and portable light*. Flexible electrical cords 140 LB *-1-63 CHAPTER X BOARD OP STANDARDS AND APPEALS $12.24 used In any area where flammable liquids are being used or stored or where flam* mable air contaminants may be present shall be of the three-conductor, extra heavy service type manufactured tor the purpose and shall be fully insulated and grounded. All connections hn be explosion-proof. Portable lights used in such areas shall be shielded against breakage. 12.19 Mixing and Mwng of flammable liquids. The mixing and thinning Indoors of flammable liquids in unit quantities greater than 65 gallons shall be done only in a or spraying room and in such manner and under such ventilation as will effect compliance with this Part. Lesser quantities shall be mixed or thinned indoors only in such a room or within a hood, booth or working area provided with such ventilation. 12.20 Emptied containers. Emptied drums or other containers ahall not be stored indoors unless they have been purged of all contents constituting or creating dangerous air contaminants. Purging ahall be done in a mechanically ventilated area if performed indoors. Compressed air shall not be used for purging containers. 12.21 Use of certain flammable liquids. The use of flammable liquids having a flash point of 100 degrees Fahrenheit or leas determined by the Tagliabue open-cup test for paint removal or cleaning or any other process in which they are unprotected and exposed, shall be restricted to areas provided with mechanical ventilation creat ing an air movement of at least 100 f.pm. over the surface of the work while the work is being carried on. The use of benzene for such operations is prohibited. 12.22 Refuse material. Xn the vicinity of every process or operation to which this Part applies there shall be provided metal containers with self-closing covers and bearing the notice "FLAMMABLE WASTE". Such containers ahall be used for scrapings, sweepings and other waste containing or consisting of flammable material. Such rafusa ahall be disposed of at the end of each day by burying, burning or other safe treatment tout no such refuse shall be burned in a furnace. 12.23 Protection of adjacent occupancies, (a) WaB and ceiling construction. No employer shall suffer or permit flammable liquids to be used or dispensed in any room above or below or adjoining one in which there is an employee occupancy unless either: (1) the room Is part of a building which is a fireproof building or a fireresisting building complying with Industrial Cods Part 7, or (2) the walls and celling of the room within 20 feet horizontally of the working area are so constructed as to have a fire-resistance rating of at least one hour in accordance with Industrial Code Part 7 and, if there be an employee occupancy below such room, the floor of the room within such distance is of incombustible material and is waterproof, or (3) such room is equipped with automatic sprinkler protection conforming to Industrial Code Part 20. (b) Wall openings. Wall openings in every such room shall be provided with approved three-quarter hour self-closing Are doors or with approved three-quarter hour Are windows. No such room shall havt any window openings beneath or within 10 feet horizontally of any Are escape or required exterior stairway. 12.24 Specific operations and speclfio control requirement*, (a) Grinding and polishing wheels, etc. Grinding, polishing, buffing, scratch brushing, abrasive cutting-off wheel and grinding or polishing belt strap operations generating danger ous air contaminants shall be provided with local exhaust ventilation and an air cleaning dsvioa. 141 LB 3-1-63 I s 12.24 TITLE 12 LABOR Exception*: (1) Wet grinding with other then sandstone wheel* and wet polishing and huffing operation* if enclosures are provided which prevent splash or dispersion of liquids, abrasive com* pounds or mists into the workroom. (3) Intricate and precision grinding discs or wheels not over one inch in diameter. (3) Grinding or polishing of articles and instruments mad* of * gold and platinum. (4) Intermittent tool grinding operations used for shop purposes only. 0>) Woodworking machine*. Woodworking operations generating dangerous air contaminants shall be provided with local exhaust ventilation and an air cleaning device. (c) Hotting apparatn*. Vessels operated at or In excess of the temperature of volatilisation of toxic metals, alloys or compounds which generate dangerous air contaminants shall be provided with local exhaust ventilation. Vessels used for melting or cleaning such metals, alloys or compounds shall be provided with exhaust ventilation when operated in such a manner as to generate dangerous air contamlnants. Ohs combustion chamber, when operated in such a manner as to release dangerous air contaminants, shall be provided with local exhaust ventilation. Exception.* Portable receptacles or apparatus which have no fixed location and are used intermittently and which produce no dangerous air contaminant*. (d) Open tttrfae* tank operation*. (1) Open msrfaee tank operation*. Open surface tank operations creating dangerous air contaminants shall be provided with ventilation to control such contaminants. (See Industrial Code Part IS.) (2) Classes of operation*. Open surface tank operations are classified into groups In accordsnce with both hazard potential and rate of contaminant release as set forth In section 18J.4 of Industrial Code Part IS. (S) Eumidity control. When heat is added to the workroom to prevent the condensation of watar vapor evaporated from open tanks Into mist, such additional heat -shall be so controlled that it does not raise the wet bulb temperature In the lower six feet of the workroom above 80 degrees Fahrenheit. (4) Cleanout door*. Tanks or machines used tor cleaning by solvents and having a surface vapor area of more than two square feet shall be equipped with suitable cleanout or sludge doors located near the bottom of each tank or still Such doors shall be constructed and maintaintd so that there is no leakage of solvent when dosed. (5) Solvent transfer. (1) Transfer of flammable solvents from containers shall be by means of a boss or pipe leading to the bottom of the tank being filled. Containers between which the transfer is being made shall be electrically banded and grounded with a resistance of less than 25 ohms. (11) Volatile solvents shall not be stored or transferred In uncovered vessels. * (6) Vapor phase degreasing, (t) Freeboard. The level of the vapors shall be kept below the top edge of the tank by a distance equal to at least one-half the tank width or 86 Inches, whichever Is less. (11) Beating, (a) Go*. Where gas Is used as fuel for beating, the combustion chamber shall be of tight construction, except for necessary combustion and fiut openings. Mechanically ventilated flues shall be inde pendent of the exhaust duct. Natural draft flues Shall be provided with draft diverters. All flues shall be constructed of corrosion-resistant material. (b) Electric. Electric heating units shall be constructed of materials resistant to the tank contents and shall be constructed and installed so as to prevent hot spots. 142 LB 8-1-68 CHAPTER 1 BOARD OF STANDARDS AND APPEALS 112.24 (lil) Thermoatatic control Every tank shall be provided with two ther mostats, one of which shall be connected to control or shut off the source of heat when the contents reach a temperature not higher than 20 degrees Fahrenheit in excess of the boiling point of the solvent in its uncontaminated state and the other of which shall be located above the vapor zone and be adjusted to shut off the source of heat when the temperature in the tone of the thermostat is at the boiling point of the solvent. (lv) Condensers. Tanks shall be equipped with condensing or cooling surfaces consisting of pipes, coils, water jackets or any combination thereof located on at least two sides in the upper portion of the tank above the solvent liquid level. Water, refrigerant or other cooling media shall be circulated through the condenser whenever the tank is in operation. (7) Operation, (i) Where tanks are provided with loading hoists, the hoists shall be designed to raise and lower the work at a speed not greater than 11 feet per minute. (il) All products after immersion in solvents shall be held in the vapor sone of the tank and shall not be withdrawn from the tank until the product reachea the vapor temperature as evidenced by the stopping of vapor condensa tion on the product. (ill) T.parting racka shall be of metal or equally impervious material. (iv) The horizontal cross section area of product or rack shall not be greater than two thirds of the horizontal cross section area of the tank. (8) Cleaning of tablet. (1) Before cleaning the interior of any tank, the contents shall be drained off and the cleanout doors, if any, shall be opened. All pockets in tanks or pits when vapors may collect shall be ventilated and Cleared. (11) livery worker engaged in cleaning the interior of any tank in which dangerous air contaminants are present shall be provided with an approved air line respirator or mask unless the work atmosphere is cleared of dangerous air contaminants by mechanical ventilation. A stand-by worker trained to render immediate assistance in an emergency shall be provided during the cleaning operation. (ill) Floors and platforms around tanks shall be maintained in accordance with Industrial Cods Part 16. (9) Welding, open flame etc. No work involving welding, open dame or other sources of ignition shall be done at or about any equipment for open surface tank operations unless such equipment has first been thoroughly cleaned of all flammable or volatile solvents and their vapors or is protected by distance or by shielding against accidental ignition or heating from such work. (10) Spado! precautions for cyanide, (i) Where rinse, add and cyanide tank* are so installed end used that any of them may be contaminated with cyanide or acid, such tanks shall be provided with local exhaust ventilation. (11) Cyanide tanks shall not be provided with drains or overflows which wm allow the tank contents to mix with liquid drained from other tanks either on the floor or in floor drains unless the cyanide drainage has been properly neutralised. (ill) Cyanide salts shall be stored in a locked enclosure and aat above the level of any floor on which add carboys are stored. (a) Tumbling processes. (1) General provisions. Tumbling processes creating dangerous air contaminants shall be provided with means to remove or oontzol such contaminants at the point of generation. 148 LB 8-1-62 12*24 TITLE 12 LABOR Xxctftion: The above does not apply to mflls, drums, ciiei or barrels which are completely enclosed during rotation and disseminate air con* taalnants only when being charged or discharged. Means ahall be provided to control such contaminants. (f) Abrasive blasting operations. (1) General provisions. Abrasive blasting operations creating dangerous air contaminants shall be enclosed as completely as practicable and shall be provided with a local exhaust system to remove the air I'Mitiwtu.T'ti exception; Outdoor abrasive cleaning operations where the operator is fur* aished with and wears an approved air line respirator. (2) Operation. Approved air respiratory protective equipment of the sup plied air type shall be used by workers employed in abrasive blasting rooms Of tu&xiclle (8) Air supply. Air furnished to air line respiratory equipment shall be dean. (g) Crushing, milling, screening, mixing and conveying. (1) General provisions. Crushing, milling, screening, mixing and conveying and related processes creating dangerous air contaminant! shall be enclosed and provided with local exhaust ventilation to remove or control the air contaminants at the point of generation. (h) Welding, braslng, flame cutting and mstdXHslng. (X) General require* mente. Welding, bracing, flame cutting and metallizing operations creating dangerous air contaminants shall be provided with ventilation to control such contaminants. (2) Classes of operations. Operations involving welding, eta, are divided Into the following classes for the purposes of this Part: 9' Class I--Operations In confined spaces involving toxic metals faehmtny but not limited to antimony, beryllium, cadmium, lead, mercury, selenium or tellurium, or involving fluorine or any alloy, compound or flux containing any one or combination thereof of other dangerous air contaminants. Class //--Operations in confined spaces involving metals, alloys or com pounds other than those listed in Class X. Class III--Operations in unconfined spaces Involving pounds listed in Class L alloys or com Class IV--Operations in unconfined spaces involving metals, alloys or com pounds other than those listed in Class X. (8) Protection of operators. (1) Class / requirements. Every employee re quired to work within a confined space where any Class X operation is per formed shall be furnished an approved air line respirator or supplied air helmet, and the confined space shall be ventilated at a minimum rate of 1,000 rtm per welder within the enclosure. (11) Class II requirements. Every employee required to work within a confined space where any Class XX operation is performed shall be furnished an approved air line respirator or supplied air helmet, or the confined space shall be ventilated at a minimum rate of 1,000 cLm. per welder within the enclosure. (Ui) Class III requirements. Every Class XXX operation shall be provided with local exhaust ventilation. (iv) Class IV requirements. Every Class XV operation at a fixed location as part of a production process shall be provided with local exhaust ventilation where practicable. All other Class IV operations shall be provided with dilution ventilation. X44 LB 8-1-48 CHAPTER Z BOARD OP STANDARDS AND APPEALS 1*12.23 Xacrptio**: The iollowlnf Class XV operations art excepted from the above requiremsnts: A Spot welding A Operation* which are not usual shop practice. A Out^jf-door operations. (i) Exhaust gate* from motor vehicles operating <n enclosed areas. (1) Gen eral provisions. Enclosed areas la which Internal combustion motor vehicles are operated and release dangerous air contaminants shall toe provided with means to remove or control the fumes, gases or vapors released or disseminated. 12*25 Industrial products costing, (a) Where performed. Coating shah toe conducted in a ventilated hood, booth or enclosure complying with this Part and section 18.20 of Industrial Code Part IS. (to) Beating. Units used for comfort-heating any space to which this Part applies In which flammable liquids are used, handled or stored shall be confined to the use of low pressure steam or hot water or Indirect forced warm air. Direct warm air heating systems may toe used subject to approval by the board. Heating units shall be kept free of deposits of flammable compounds. (c) Drainage of flammable liquid toasts. Every drainage system which conducts flammable liquid wastes shall be provided with traps. Flammable liquid wastes shall be prevented from entering the plant drainage system. (d) Maintenance and operation. (1) Maintenance of equipment. All equip ment required by this Part shall be maintained In good repair and proper operat- (2)- Purging. Exhaust systems shall continue In operation for a sufficient periodof time after conclusion of coating operations to clear the air of dangerous air ' (8) Floor maintenance. The floor within and In the Immediate vicinity of the working area shall be kept dean and dear of any waste material or any obstruction. Where dust may be created by dry sweeping, floors shall be wet -down with a nonflammable wetting agent before sweeping. (4) Passage apace. A minimum passage space of three feet shall be provided for access to every working station. (5) Containers. All tanks and containers used for flammable liquids shall be of Incombustible material and shall be kept dosed whether full or empty, except as may be necessary for operational purposes. (6) Transfer of flammable liquids. The transfer of flammable liquids having a flash point of less than 100 degrees Fahrenheit shall be by means of a hose or pipe leading to the bottom of the vessel being filled. When transferring such liquids from one metal container to any other metal container, the two containers shall be bonded together electrically and be properly grounded. (7) Vehicles. Vehicles shall not be taken into or out of spray coating spaces under their own power, unless the exhaust system is operating. (8) Use of different types of coating materials. Where different types of coating materials are used in the same booth or space, the booth or space be thoroughly cleaned of previous coating deposits before commencing the appli cation of the new substanoe. (9) Mixing and thinning. The mixing or thinning of flammable liquids, when done indoors, shall be done in a hood, booth or similar enclosure provided with ventilation as specified in section 18.20 of Industrial Code Part 18. (10) Coating removal by use of solvents. The process shall be provided with adequate exhaust ventilation while the removal of residue paint or other coating material is being carried on. The rate of ventilation shall be that specified in Industrial Cods Part 18. 148 IB 8-1-88 4 $1245 TITLE: 12 LABOR Not*: Use of btnnsi or carbon tetrachloride for thi* operation la prohibited. (11) Banding. Sending of surface* containing lead or lead pigment shall be done, either with sandpaper wetted with water or in an area provided with an exhaust system providing ventilation at a minimum rate of 160 f.pjn. in the breathing zone of the worker. (12) Cleaning aolvent*. Flammable liquids used for cleaning permanent surfaces other than floors In a working space shall have a flash point above 100 degrees Fahrenheit. Use of benzene for this operation is prohibited. No flammable liquids shall be used to dean floors. (13) Cleaning of hoods and booths. Exhaust fans and the Interior of hoods, booths and ducts shall be maintained free of accumulations of coating material. (14) Lining of apray booths. Material for lining of spray booths or hoods, if used, cover the inner sides of the booth or hood without overhanging and shall be maintained in contact with the walls of the booth or hood. Loos* sections shall be removed or shall be reapplied to the wan surface. (e) Tanka, trough* and mechanical application. (1) Enclosed operation*. En closed coating or advent cleaning operations and any subsequent drying operations hsu be <wibw<eaiiy ventilated to maintain the concentration of vapors within the enclosure below 25 per cent of the lower explosive level Necessary work openings of such enclosure shall have an inward air flow maintained by mechanical veatiUtloB* (2) Fire protection. Tanks and troughs containing flammable liquids vised for manual dipping operations shall be provided with heat-actuated automatically dosing'covers arranged so as not to interfere with exhaust ventilation. Where the dipping operation is done automatically the tank and troughs shall be pro- ( vided with approved fire extinguishing systems. Note: For additional requirements on fire protection, see section 12M, infra. (3) Installation of tank*. Tanks shall be arranged to prevent accidental tipping. (4) Beating of liquid*. Devices used for heating flammable liquids shall be provided with an automatic temperature regulating device so arranged that the source of heat shall be automatically shut off when the temperature of the liquid rises above the normal operating temperature. (f) Forced drying and baking. (1) Construction. Ovens, cabinets, other en closures and duct work used for forced drying or baking systems shall be con structed of incombustible material with expansion Joints provided in the oven framing.. Duct work shall be provided with two inches clearance or three-fourths inch of Incombustible rigid Insulation where the duct work passes through com bustible walls, floors or roofs. The temperature at surfaces in contact with walla, floors or roofs shall not axceed 160 degrees Fahrenheit.' The floor surface of the oven shall be of Incombustible materiel and extend at least on* foot beyond the oven outline. Interior surfaces shall be smooth. i ' (2) Ventilation, (i) Ovens, cabinets and other enclosures used for such purpose shall be provided with mechanical ventilation to maintain the concen tration of flammable vapors below 25 per cent of the lower explosive level at all time*. Ovens shall be exhausted mechanically so that an inward air flow / shall be maintained through all openings to prevent escape of dangerous air ( contaminants. The fans of such exhaust ventilating and any recirculating ' systems shall be interlocked to the heat supply by mesas of approved air flow switches, so that the beat supply shah be cut off unless the fan maintains the 144 LB 3-1-63 CHAPTER. X BOARD OF STANDARDS AND APPEALS 12.25 required air flow. Conveyors shall he Interlocked with the oven exhaust and any recirculating fans so that the conveyors cannot operate unless such fans are operating. (11) When persons are required to enter the drying enclosure, the concen tration of air contaminants shall be maintained below the danger level by mechanical ventilation. (S) Explosion vents. Ovens located Inside buildings and In which flammable vapors or combustible gases may be present in amounts exceeding 35 per cent of the lower explosive level shall be equipped with explosion relief panels to relieve Internal explosion pressures. Such vents shall provide an unobstructed aggregate area of one square foot of panel opening to each 15 cubic feet of oven volume, allowance being made for access openings and doors arranged to yield easily to internal pressure.' Relief panels shah, if practicable, be located in the top of the enclosure and be made of material other than glass, Which shall yield easily to internal pressure. On long ovens, relief panels shall be distributed to provide effective explosion relief. Relief panels shall be located and arranged so as not to create a hazard to employees or to other work spaces. Panel edges shall be main tained free of condensate and other solid material to insure proper operation. (4) Control*. (1) Fan switches shall be interlocked with the fuel valve through a time delay arrangement to assure proper pre-ventilation before the fuel Is ignited. Where necessary, enclosure doors shall have a limit switch interlock to prevent the time delay relay from operating unless the enclosure doors are open. (II) The fuel supply line shall be provided with a pressure switch to shut off the fuel supply when fuel supply pressure is insufficient. The switch shall npt reopen the fuel valve automatically. (III) An excess temperature limit switch shall be provided to cut off the fuel supply when oven temperature exceeds the safe limit The switch shall not reopen the fuel valve automatically. (iv) Combustion safeguards shall be provided to shut off the fuel supply in the event of pilot light or ignition failure. (5) Damper*. Air supply or exhaust volume control dampers Shan be ad justed properly and fixed securely. Dampers shall be designed to prevent full closure. (6) Combination booths. Where coating and forced drying are done alter nately in the same booth or enclosure, the following requirements Shall be com plied with: (1) during coating operations, the drying apparatus and electrical con nections and wiring thereto shall not be located within the coating enclosure nor In any location where coating residue may be deposited thereon, and (U) coating apparatus, drying apparatus and ventilating system of the coating enclosure shall be equipped with suitable approved interlocks so ar ranged that coating apparatus cannot be operated while drying apparatus is inside the coating enclosure and the coating enclosure shall be purged of coating vapors for a period of not less than three minutes before drying appa ratus can be energized; the ventilating system shall continue in operation during the drying process and in the event of failure of the ventilating system, the drying apparatus shall shut off automatically. (7) Cleaning. The inside surfaces of the drying enclosure shall be maintained dean. Cleaning tools shall be of nonferrous material. (g) Stomps. (X) Enclosure of stomps rooms. The floor surface of rooms 147 IB 5-1-6S 12.25 TITLE 12 LABOR used for storage of flammable liquids shall be of incombustible material and ahall be waterproof. The room enclosure shall be of construction having the following minimum flre-Tesiative rating: Walls Doors Windows Celling (if space above is occupied) Sloor 1 hour % hour K hour 1 hour 1 hour (For rules on flra-raaiitlva construction see Industrial Coda Part 7.) (2) Location of etoragt rooms. Storage rooms for flammable liquids shall be located at or above grade and an exterior wall of the building shall form at least one wall of the room. No opening In any storage room shall be located within 15 feet of any stairway, elevator shaft or building exit (3) Floor drainage and door eCZt. Floors of storage rooms shall be arranged to provide drainage of liquids and the drain shall be provided with a trap to prevent the spread of Are. Sills of noncombustible material at least six inches high or a six inch deep gutter covered with grating ahall be provided at every door leading into a storage room. Kofi: See subdivision (e) of this section for draiaase require* meats. (4) Limitation of quantifies. No more than one day's supply or 220 gallons of flammable liquid, whichever is leas, shall be kept in a workroom. Such supply, unless kept In dosed drums, shall be kept in cabinets as follows: ' (t) Cabinets for storing quantities of flammable liquid not exceeding 110 gallons shall be of at least incombustible single wall construction and shall be vented to the outer air. (ii) Cabinets for storing quantities of flammable liquid of more than 110 gallons but not less than 220 gallons shall be of incombustible double wall construction with an air apace of at least one and one-half inches or metalcovered wood construction throughout and shall be vented to the outer air at top and bottom. (ill) Quantities exceeding 220 gallons shall be kept In a storage room as specified In paragraphs (1) through (3) of this subdivision. Doors to storage cabinets shall be kept dosed and latched. (5) Container covert. Containers used tor flammable or toxic liquids, whether or not they contain such material, shall be kept tightly covered when not in use or when being moved about. (6) Ventilation. Storage rooms shall be provided with a minimum rate of ventilation nf five cubic feet per minute per square foot of gross floor area and the ventilation shall be maintained during transfer from one container to another. Where mixing and thinning operations are performed, the rate of ventilation shall conform to the requirements of section 11L20 of Industrial Code Part 18. (h) Electrical equipment. (1) Wiring and equipment. All electric wiring and electric equipment shall be of good quality and be properly installed. Wiring within 10 feet of a working area or within a storage room shall be installed in sealed rigid metal conduit with explosion-proof fittings. reception; Coating operations not involving flammable solvents. (2) Lighting. Artificial lighting ahall be by electricity. Lamps within areas where flammable liquids may be used or stored or where flammable vapors may be present shall be of the totally enclosed type and shall be protected against 148 LB 3-1-33 CHAPTER X BOARD OF STANDARDS AND APPEALS 12.25 breakage either by location or by 1amp guards. Lamp sockets shall be non-metal* lie shells and of the xwltchless type. Illumination of hazardous areas through panels of transparent material is permitted only under the following conditions: (I) Fixed lighting units shall be used as the source of illumination. (II) The panel shall effectively Isolate the hazardous area from the area in which the lighting unit Is located. (III) The transparent panel shall conform to subdivision (a) of section 18.20 of the Industrial Code (Part 28). (tv) The Installation shall be such that the normal accumulation of has. ardous residue on the exposed surface of the panel will not be raised to a dangerous temperature by beat radiation cr conduction from lbs source of fflirnilimWfliL (8) Control equipment. Switches and other control devices, unless explosionproof, shall he located at least 20 fsst from the working area and outside of storage rooms. (4) Other equipment. AH electrical equipment located in a storage room or the Interior of coating hoods or their exhaust ducts shall be explosion-proof. Systems designed to salvage deposits by collecting them in flammable solvent shall have the controls so arranged that the solvent pump cannot operate unless the ventilating fan is operating. (5) Orovding of equipment. AH mechanical equipment used for the appli estian of flammable liquid and all metal booths, hoods, tanks, troughs, conveyors, fens and motor housings and all belts within a working area shall be grounded effectively. (1) Electrostatic apparatus. (1) Installation and use. The Installation and 'use of electrostatic apparatus shall comply with other applicable provisions of this Part and with ths following requirements: (2) Approved required. Only approved electrostatic apparatus shsU be used. (8) Conductive coatings. This method shaU not he used for spraying con ductive coatings. (4) Band operations. Manually operated spray guns or atomizers ahaH not be used in an electrostatic field. (8) Location. Electrostatic apparatus and devices used In connection with paint spraying, dipping or other coating operations shall have transformers and power packs located outside spray booths or enclosures and areas subject to pslnt deposit. (6) Supports. Electrodes and electrostatic atomizing heads ahaH be rigidly supported and permanently Installed and shall be effectively insulated from ground. (7) . Clearance. Space of at least twice the sparking distance ahaH be main tained between articles being finished and electrodes, electrostatic atomizing heads or conductors. (8) Articles on conveyors. Articles on conveyors ahaH be to arranged and supported as to maintain ths required clearances. (9) Automatic controls. Electrostatic apparatus shsH be equipped with automatic control* arranged to make the entire equipment dead If the ventilation of the spraying or drying arts falls below a velocity of 200 feet per minute, or 12 an article on the conveyor projects Into ths required clearance, or if the con veyor stops. (20) Guarding and isolation of process. Ths electrical field and aU parts of ths equipment carrying high potential ahaH he located, guarded and fenced off to 249 LB 8-2-88 $12.26 TITLE 12 LABOR provide safe isolation of the process. Guards and fences shall be of conducting material and shall be grounded. (II) Signs. A suitable sign stating the sparking distance shall be posted conspicuously near the assembly. Signs designating the process zone as dangerous by reason of fire and accident hazard * be posted. ' (12) Insulators. Insulators shall meet the test standards of the board for insulators for the potential used and shall be maintained clean and dry. Hot*: The standards adopted by the board relating to the test re* quirements of insulators are basically identical with test requirements sat forth in C-29.1--September ISit of the American Institute of Electrical Engineers. 12.26 Fire fighting equipment, (a) Automatic sprinklers. An automatic sprinkler system with sufficient heads or outlets shall be provided in all working areas of buildings' two stories or more in height where flammable coating liquids are applied or stored. Hot*: For sprinkler system requirements see Industrial Code Fart 20. (b) Automatic extinguishers. Dip tanka, drain boards, drip pans and drip troughs involving the use of flammable liquids shall be provided with approved automatic fire extinguishers except: (1) those used in electrostatic finishing; (2) hand dipping tanks which with their associated drain boards, drip pans and drip troughs have a vapor surface area not greater than 16 square feet. (c) Band extinguishers. There shall be provided adjacent to the inside or out side of each required exit from the roam in which flammable liquids are being applied or stored at least one hand fire extinguisher approved for the control of flammable liquid fires. Extinguishers containing carbon tetrachloride, methyl bromide or other toxic material are prohibited for this usage. In addition there shall be at least one approved extinguisher for each 2500 square feet of floor area so located that a person shall not have to travel more than 50 feet to reach the nearest extinguisher. Extin guishers shall be easily accessible and protected from injury. 12.27 Evidence of dangerous air contaminants. The existence of air contami nants consisting of or deriving from the substances named in the following table in relative quantities greater than those set forth as to each substance shall con stitute prima-fade evidence that such contaminants are dangerous air contaminants, except when they exist only momentarily and infrequently. Prima-fade evidence as to whether such contaminants in momentary and infrequent occurrences, or other air contaminants, or lesser concentrations than those set forth in the following table constitute^ dangerous air contaminants by reason of their existence in quan tities tending to' Injure the health of employees shall Include an opinion by a physi cian to that effect as a matter of sound dlnical judgment Substance Acetaldehyde Acetic add Acetic anhydride Acetone Acetylene-tetrabromlde Acrolein Acrylonitrile 150 LB 8-1-6* A. OASES AEX) VAPORS Hart* etSSom 900 10 8 1000 1 0.8 90 fttbstasee Allyl alcohol Allyl chloride Allyl propyl disulfide Ammonia Amyl acetate Amyl alcohol (isoamyl aloobol) Aniline Hart* par mUHon 8 8 9 100 900 100 CHAPTER X BOARD OF STANDARDS AND APPEALS 11237 Bubttene* Araine Porta per million 0.05 Benzene (benzol) Benzyl chloride Bromine Butadiene Butanone (methyl ethyl ketone) Butyl acetate Butyl alcohol Butyl amlna Butyl oelloeolre................ ............. 25 1 0.1 1000 250 200 100 8 BO Carbon dioxide Carbon dizulfide Carbon monoxide Carbon tatraehloHda Calloaolra Celloaohre acetate Chlorina Cblorlna trifluoride * Chlorobenzene (monochlorobenxene) Chloroform (triebloromathana) 1-Chloro-l-nJtropropane Chloropieria Cbloroprana Craaol (all izomeru) Cyelohaxana Cydohexanol Cyclohexanone Cyelohaxana Cyclopropane 8000 30 100 25 200 100 1 0.1 15 80 20 0.1 25 8 400 100 100 400 400 I O 3 S | Becaborane Biacatone aloohol Biborant o-Dichlorobenzene Biehlorodifluoromethane 1, l*Biehloroathana L 2-Biehloroethane 1,2-Blchloroethy)ene Bichloroathyl athar Blehloromonofluoromathana 1.1-Blchloro-l-nltroathana Blathylamlna Blfluorodlbromomethane BUaobutyl katona Blaathylanlllna Bimathylaulfata Bioxana (diathylana dloxlda) 0.05 60 0.1 50 1000 100 100 200 18 1000 10 1000 25 100 60 8 1 100 Ethyl meatata Ethyl aerylata Ethyl aloohol (ethanol) Ethylamiae Ethyl bensena Ethyl bromlda Ethyl chloride Ethyl athar Ethyl formate Ethyl eilleate Ethylene chlorobydrtn Ethylene diamine Ethylene dibromlda Ethylene imina Xthylane oxide 400 25 1000 28 200 200 1000 400 100 100 6 10 25 6 60 Fluorine FluorotrlehloTomathano Formaldehyde Furfural Furfural alcohol 0A 1000 8 8 80 OaaoUne 800 Subttance Heptane Hexane Hexanone Haxona Hydrazine Hydrogen bromlda Hydrogen chloride Hydrogen cyanide Hydrogen fluoride Hydrogen peroxide (00%) Hydrogen selenlda Hydrogen eulflda Iodine Xsophorone Ieopropylamine Maottyl oxide Methyl acetate Methyl acetylene Methyl acrylate Methyl alcohol Methyl bromide Methyl eelloeohra Methyl eellozolve acetate Methyl chloride Methyl chloroform Methyl formate Methyl iaobutyl carbinol (methyl amyl alcohol) alpba-Methyl atyrene Methylal (dimethoxymethane) Methylcyclohexane Methyleyclohexanol Methylcydohaxanona Methylene chloride Monomethyl aniline Naphtha (coal tar) Naphtha (petroleum) Nickel carbonyl Nitric add p-Nltroanillne Nitrobenzene Nitroethane Nitrogen dioxide Nitroglycerin Nltromethane 2-Nltropropaae Nitrotoluene Octane Ozone Paradiehlorobenzena Pentane Pentanone Perchloroethylana Phenol Pbenylhydraxina Phoagene (carbonyl chloride) Phoaphine Phoephorua trichloride Propyl acetate Propyl alcohol (ieopropyl alcohol) Propyl ether (Ieopropyl ether) Propylene dichloride Propylene imina Propylene oxide Pyridine quSbobi Stlhlne Stoddard aotvant Porte per minion 800 800 100 100 1 8 6 10 3 1 0.05 20 1 25 6 28 200 1000 10 200 20 28 28 100 600 100 28 100 1000 600 100 100 800 2 200 600 0.001 10 1 1 100 6 0.8 100 60 6 600 0.1 75 1000 200 200 8 8 1 0.08 0.5 200 400 800 18 28 100 10 0A OA 600 (CWtlHllll) X81 LB 8*1-68 8 S127 TITLE 12 LABOR Jabetaace 8tyrene monomer (phenylethylene) Sulfur dioxide Sulfur hexafluoride Sulfur Bionochloride Sulfur pentafluoride Tertianr butyl alcohol p-Tertiary butyltoluene 1,1,2,2-Tetrachloroethane Tetrahydrofuran Tetranltromethane Toluene Porto per million 300 6 3000 1 0038 100 30 6 200 1 200 Bnbttaneo o-Toluldine Tolylene 2, 4-dliaocyanate Trichloroethylene Triethylamine Trifluoromonobromomethane Turpentine Vinyl chloride (chloroethylene) Vinyl toluene Xylene Xylldlne Part* per million 8 0.1 200 2S 1000 100 200 100 200 B. TOXIC DUSTS, FUMES AND MISTS Oekafance MOHprmm* per mMe motor Aldrin 028 Animate Antimony ANTU (alphanaphthyl-thiourea) IS 02 04 Areenlo 0.6 Barium (eoluble compound!) Beryllium 0.6 0.003 Cadmium (oxide fume) Calcium araenate Chlordane Chlorinated camphene (00%) Chlorinated diphenyl oxide Chlorodlphenyl (42% chlorine) Chlorodiphenyl (64% chlorine) Chromic acidand chromatee aa CrOj Crap Herbicide Cyanide ae CN 2,4-D (3, 4-Dichloro- phenoxyacetic add) 04 04 2 0.5 02 1 02 04 38 6 30 DDT (3,3-bla- (p^hlorophenyl-1, 3,1-trichlorethane) Uieldrin Binitrobenzene Dlnitro-o-creeol Dinltrotoluene EPN (O ethyl o-p-nltrophenyl tfclono bnx*nt*phospho&AU) Ferbam (ferric dimethyl dithiocarbamate) Ferrovanadium duat Fluoride Hydroquinone Iron oxide fume Lead Lead araenate IJndane 1 048 1 04 12 02 38 1 22 2 38 04 0.18 02 Magneaium oxide fume Malathlon Manyaneae Mercury 38 18 04 ITBNpraau per Mnbotnneo eabto motor Mercury (orranie eompounda) Methoxychlor 0.01 38 Molybdenum (eoluble eompounda) 8 Molybdenum (inaoluble eompounda) 38 Mlootlne 02 Parathlon Pentachloronaphthalene Pentachlorophenol Phoephorua (yellow) Pfaoaphorua pentachlorlde Phoaphorua pentaauldde Picric add Fyretbrum 04 02 02 04 1 1 04 3 Itotenone 8 Selenium eompounda (aa Be) Sodium fluoroaeetate (1080) Sodium hydroxide Strychnine Sulfuric add 04 04 2 048 2 TXDP(tetra ethyl dlthlono pyrophoepbate) Tellurium TEPP (tetraethyl pyrophoephate) Tetryl (3, 4, 8-trinitro- pnenylmethylnltramlne) Thallium (eoluble eompounda) Thlram (tetramethyl thiurmm dlaulflde) Titanium dioxide Trichloronapbthalane Trinitrotoluene 04 04 0.06 12 04 8 38 8 12 Uranium (aoluble eompounda) Uranium (inaoluble oompounda) 0.06 048 Vanadium (V|Oe duat) Vanadium (ViO fume) 02 04 Warfarin (3-talpha acetonylbenxyl]-4-hydroxycumarln) 02 Zine oxide fume Zirconium (aa Zr) 18 8 152 LB 8-1-68 CHAPTER I BOARD OF STANDARDS AND APPEALS 12.29 Substance Aluminum oxide Asbestos Dust (aulaanoe, no free silica) Idea (below 8% free 810j) Portland Cement Silica: Class X (below 8% free 810s) Class (5* to 80% C. MINERAL DUSTS MUHon particles cubic foot* 80 8 80 80 80 Substance free SlOs) Class HI (above 80% free BlOt) Silicon carbide Slate (below 8% free SlOt) Soapstone (below 6% free StOs) TUc 80 Total dust (below 8% free SlOs) MttHou particles cubic foot1 SO 8 80 60 10 80 80 *&oti: Using the light field low-power method of counting as decribed in the U. 8. Public Health Report 47 No. 32. March IS, 1932, pp. W9-072 or its equivalent, and a standard type Implnger or other equivalent instrument for taking atmo spheric dust samples. 12.28 Approved devioes or materials. Any device or material which the board has approved pursuant to section 27-a of the labor law for use in complying with this Part may be so used as if by this Part specifically authorized, any general or special provision of this Part notwithstanding. 12.29 Severability. It any provision of this Part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Part which can be given effect without the invalid provision or application and to this end the provisions of this Part are declared to be severable. 153 LB 8*1-63