CHAPTER

CHAPTER Lab 1400 SAFETY AND HEALTH OF EMPLOYEES

REVISION NOTE:

Document #14431, effective 11-22-25, readopted or readopted with amendment all of the rules in Chapter Lab 1400 titled “Safety and Health of Employees.” Amendments included the insertion of new rules in Part Lab 1402 titled “Definitions” and the deletion of reserved rule numbers Lab 1402.06 through Lab 1402.09. These actions necessitated the renumbering of existing rules in Part Lab 1402 as indicated in the source notes. Document #14431 replaces all prior filings for rules in Chapter Lab 1400.

The rules whose numbers had been reserved had previously been definitions filed in Document #8606, effective 4-12-06, which had expired 10-9-06 and not been adopted again. The definitions were Lab 1402.06 defining “threshold limit values”, Lab 1402.07 defining “toeboard”, Lab 1402.08 defining “toxic substances”, and Lab 1402.09 defining “universal precautions.”

The prior filings affecting the expired rules included the following documents

#4118, eff 8-22-86, EXPIRED: 8-22-92

#6684, eff 2-4-98, EXPIRED: 2-4-06

#8606, INTERIM, eff 4-12-06, EXPIRED: 10-9-06

PART Lab 1401 SCOPE OF RULES

Lab 1401.01 Scope. This part is intended to carry out the intent of RSA 281-A:64 and RSA 277:16 by establishing procedures and rules for workplace safety inspections.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1401.02 Applicability. These rules shall be applicable to all public employees’ workplaces including workplaces in buildings, sheds, structures, offices, sites, or places owned or leased by the state of New Hampshire or by any political subdivision of the state, including all places used in connection with employee activity at a place of employment in the state. The following requirements shall not preclude compliance with RSA 155-A, the state building code, or other state or federal laws, rules, regulations, or codes. If a conflict should arise between these rules and any other applicable law, rule, regulation, or code, these rules shall not supersede the more protective requirements.

Source. #8796, eff 1-11-07 (from Lab 1401.01); ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

PART Lab 1402 DEFINITIONS

Lab 1402.01 “Acceptable entry conditions” mean the conditions that need to be met in a permit space to allow entry and to ensure that employees involved with a permit-required confined space entry can safely enter and work within the space.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.02 “Attendant” means an individual stationed outside one or more permit spaces who monitors the authorized entrants and who performs all attendant’s duties assigned in the employer’s permit-space program.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.03 “Authorized entrant” means an employee who is authorized by the employer to enter a permit space.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.04 “Blanking or blinding” means the absolute closure of a pipe, line, or duct by the fastening of a solid plate such as a spectacle blind or a skillet blind, that completely covers the bore and that can withstand the maximum pressure of the pipe, line, or duct with no leakage beyond the plate.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.05 “Category I flammable” means a liquid with a flashpoint below 73.4 °F and a boiling point at or below 95 °F.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.06 “Category II flammable” means a liquid with a flashpoint below 73.4 °F and a boiling point above 95 °F.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.07 “Category III flammable” means a liquid with a flashpoint at or above 73.4 °F and at or below 140 °F. When a category III liquid with a flashpoint at or above 100 °F is heated for use to within 30 °F of its flashpoint, the liquid needs to be handled in accordance with the requirements for a category III liquid with a flashpoint below 100 °F.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.08 “Category IV flammable” means a liquid with a flashpoint above 140 °F and at or below 199.4 °F. When a category IV flammable liquid is heated for use to within 30 °F of its flashpoint, the liquid needs to be handled in accordance with the requirements for a category III liquid with a flashpoint at or above 100 °F. When liquid with a flashpoint greater than 199.4 °F is heated for use to within 30 °F of its flashpoint, the liquid needs to be handled in accordance with the requirements for a Category IV flammable liquid.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.09 “Competent person” means one who can identify existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.01)

Lab 1402.10 “Confined space” means a space that meets the following criteria:

(a) Is large enough and so configured that an employee can bodily enter and perform assigned work;

(b) Has limited or restricted means for entry or exit; and

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.02)

Lab 1402.11 “Double block and bleed” means the closure of a line, duct, or pipe by closing and locking or tagging 2 in-line valves and by opening and locking or tagging a drain or vent valve in the line between the 2 closed valves.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.12 “Emergency” means any occurrence, including any failure of hazard control or monitoring equipment, or event internal or external to the permit space that could endanger entrants.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.13 “Engulfment” means the surrounding and effective capture of a person by a liquid or finely divided or flowable solid substance that can be aspirated to cause death by filling or plugging the respiratory system or that can exert enough force on the body to cause death by strangulation, constriction, or crushing.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.14 “Entry” means the action by which a person passes through an opening into a permit-required confined 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.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.15 “Entry permit” means the written or printed document that is provided by the employer to allow and control entry into a permit space and that contains the information specified in Lab 1403.14(k).

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.16 “Entry supervisor” means the person responsible for determining if acceptable entry conditions are present at a permit space where entry is planned, for authorizing entry and overseeing entry operations, and for terminating entry as required by Lab 1403.14 (n), (o), and (p).

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.17 “Fixed location” means all buildings, offices, garages, or other permanent structures which serve as a regular place of employment.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07 (formerly Lab 1402.04); ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.03)

Lab 1402.18 “Flagger” means all personnel, including uniformed police officers, who conducts temporary traffic control (TTC) on roads where 2 lanes of vehicle traffic have been reduced to one lane.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.04)

Lab 1402.19 “Flammable liquid” means any liquid with a flashpoint at or below 200 °F.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.20 “Flammable liquid container” means a glass, plastic, or metal container sealed by a lid or other device that neither liquid nor vapor can escape from at ordinary temperatures.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.21 “Flammable storage cabinet” means a wooden or steel gauged unit designed to store flammable liquids safely.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.22 “Flashpoint” means the minimum temperature at which a liquid gives off enough vapor to form an ignitable mixture.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.23 “Hazardous atmosphere” means an atmosphere that might expose employees to the risk of death, incapacitation, impairment of ability to self-rescue, injury, or acute illness from one or more of the following causes:

(a) Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit (LFL);

(b) Airborne combustible dust at a concentration that meets or exceeds its LFL;

(d) Any other atmospheric condition that is immediately dangerous to life or health.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.24 “Hazardous location” means a location that has flammable gases, vapors, poisonous fumes, ignitable materials, or explosive atmospheres.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.25 “Hospitalization” means care in a hospital that includes admission as an inpatient and an overnight stay.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #12904, eff 10-23-19; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.05)

Lab 1402.26 “Hot work permit” means the employer's written authorization to perform operations capable of providing a source of ignition.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.27 “Immediately dangerous to life or health” means any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a permit space.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.28 “Inerting” means the displacement of the atmosphere in a permit space by a noncombustible gas to such an extent that the resulting atmosphere is noncombustible.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.29 “Isolation” means the process by which a permit space is removed from service and completely protected against the release of energy and material into the space by such means as:

(a) Blanking or blinding;

(b) Misaligning or removing sections of lines, pipes, or ducts;

(d) Lockout or tagout of all sources of energy; or

(e) Blocking or disconnecting all mechanical linkages.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.30 “Ladder” means a device with rungs, steps, or cleats used to gain access to a different elevation.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.31 “Line breaking” means the intentional opening of a pipe, line, or duct that is or has been carrying flammable, corrosive, or toxic material, an inert gas, or any fluid at a volume, pressure, or temperature capable of causing injury.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.32 “Non-permit confined space” means a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.33 “Oxygen deficient atmosphere” means an atmosphere containing less than 19.5 percent oxygen by volume.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.34 “Oxygen enriched atmosphere” means an atmosphere containing more than 23.5 percent oxygen by volume.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.35 “Permit-required confined space” means a confined space that has one or more of the following characteristics:

(a) Contains or has a potential to contain a hazardous atmosphere;

(b) Contains a material that has the potential for engulfing an entrant;

(c) Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or

(d) Contains any other recognized serious safety or health hazard.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.36 “Permit-required confined space program” means the employer's overall program for controlling, and, where appropriate, for protecting employees from, permit space hazards and for regulating employee entry into permit spaces.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.37 “Permit system” means the employer's written procedure for preparing and issuing permits for entry and for returning the permit space to service following termination of entry.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.38 “Portable tank” means a closed container with a liquid capacity over 60 gallons not intended for fixed installation.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.39 “Prohibited condition” means any condition in a permit space that is not allowed by the permit during the period when entry is authorized.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.40 “Rescue service” means the personnel designated to rescue employees from permit spaces.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.41 “Retrieval system” means all equipment used for non-entry rescue of persons from permit spaces, using retrieval lines, harnesses, wristlets, lifting devices, or anchors.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.42 “Rigging equipment” means all wire ropes, chains, webbing, straps, ropes, slings, and any similar equipment, with their attachments and components, used alone or in combination, to lift, lower, or move heavy materials.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.43 “Safety can” means a container of not more than 5 gallons capacity with a spring-closing lid and spout cover designed to safely relieve internal pressure when subjected to fire exposure.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.44 “Shock loading” means a sudden and drastic increase of load.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1402.45 “Testing” means the process by which the hazards that might confront entrants of a permit space are identified and evaluated. Testing includes specifying the tests that are to be performed in the permit space.

Source. #14431, eff 11-22-25, EXPIRES: 11-22-35

PART Lab 1403 RULES FOR EMPLOYEE SAFETY AND HEALTH

Lab 1403.01 Safety and Health Requirements.

(a) Each employer shall furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.

(b) Each employee shall comply with all safety rules and regulations that are applicable to the employee’s own actions and conduct.

(c) The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and in the rules applicable to the employee’s work environment to control or eliminate any hazards or other exposure to illness or injury.

(d) The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this chapter shall be prohibited.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.02 Abrasive Blasting. The employer shall ensure compliance with the following requirements:

(a) Blast cleaning nozzles shall be equipped with an operating valve which shall be held open manually. A support shall be provided on which the nozzle can be mounted when not in use; and

(b) Blast cleaning enclosures shall be exhaust ventilated in such a way that a continuous inward flow of air shall be maintained at all openings in the enclosure during the blasting operation.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.03 Abrasive Grinding. The employer shall ensure compliance with the following requirements:

(a) Abrasive wheels shall be used only on machines provided with safety guards;

(b) The following shall be exempt from the safety guard requirements:

(1) Wheels used while within the material being ground; and

(2) Mounted wheels, used in portable operations, 2 inches and smaller in diameter;

(c) Abrasive wheel safety guards for bench and floor stands and for cylindrical grinders shall not expose the grinding wheel periphery for more than 65 degrees above the horizontal plane of the wheel spindle. The protecting member shall be adjustable for variations in wheel size so that the distance between the wheel periphery and adjustable tongue or end of the peripheral member at the top shall never exceed 1/4 inch;

(d) Abrasive wheel safety guards shall cover the spindle end, nut, and flange projections;

(e) An adjustable work rest of rigid construction shall be used to support the work on offhand grinding machines. Work rests shall be kept adjusted closely to the wheel with a maximum clearance of 1/8 inch;

(f) Machines designed for a fixed location shall be securely anchored to prevent movement, or designed in such a manner that in normal operation they shall not move; and

(g) All abrasive wheels shall be closely inspected and ring-tested before mounting to insure that they are free from defects.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.04 Accident Reporting Requirements for Fatality and Serious Injury.

(a) Within 8 hours after its occurrence, the employer shall report an employment accident which is fatal to one or more employees to the commissioner of labor. Notification may be given by telephone by calling (603) 271-6294 or via e-mail at Safety@dol.nh.gov.

(b) The reporter shall include the following information:

(1) Date and time of fatality;

(2) Location of fatality;

(3) Cause of death; and

(4) Place where the body of the deceased person was sent.

(c) Within 24 hours after the occurrence of a workplace injury which necessitates hospitalization for a serious injury for one or more employees, the employer shall report the employment accident to the commissioner of labor. Notification may be given by telephone by calling (603) 271-0127 or 271-6850 or via email to Safety@dol.nh.gov.

(d) The reporter shall include the following information;

(1) Date of injury;

(2) Time of injury;

(3) Cause of the injury;

(4) Place where the injured person was sent for medical evaluation or treatment; and

(5) Place where the injured person was hospitalized.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #12904, eff 10-23-19; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.05 Aerial Lifts.

(a) This section shall not apply to fire fighting apparatus.

(b) Prior to the use of an aerial-lift device, a visual inspection and operational check shall be made by a competent person in accordance with the manufacturer’s and owner’s instructions.

(c) Operators of aerial-lift equipment shall be provided with some means of anchorage to which a safety belt or lanyard can be secured to the buckets, platforms, or booms.

(d) The combined load, including workers, material, and tools, shall not exceed the rated lift capacity as stated by the manufacturer. Such rated lift capacity shall be conspicuously and permanently posted on the lift.

(e) When operating an aerial-lift device, the operator shall look in the direction of travel of the bucket and be aware of the booms in relation to all other objects and hazards.

(f) All hoses affecting the nonconductive characteristics of equipment shall be made of nonconductive material. Hydraulic fluids for insulated equipment shall be of the insulating type.

(g) An aerial-lift truck shall not be moved when the boom is elevated in a working position with workers in the basket, except for equipment that is specifically designed for this type of operation. The booms of a fully articulated aerial device shall not be considered elevated in a working position when the basket is directly in front of or behind the truck with the booms held as low as feasible and low enough so that the operator’s head is below the highest point of the vehicle.

(h) During aerial-lift operations, workers not engaged in line clearance shall maintain a minimum clearance of 10 feet from energized conductors rated 50 kV phase-to-phase or less. For lines rated over 50 kV phase-to-phase the minimum clearance shall be 10 feet plus .4 inches for each kilovolt over 50 kV phase-to-phase.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.06 Air Tools. The employer shall ensure compliance with the following requirements:

(a) Pneumatic power tools shall be secured to the hose or whip with a locking mechanical connector to prevent accidental disconnection;

(b) Safety clips or retainers shall be securely installed and maintained on pneumatic impact tools to prevent attachments from being accidentally expelled;

(d) All hoses exceeding 1/2 inch inside diameter shall have a safety device at the source of supply or branch line to reduce pressure in case of hose failure.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.07 Belt Sanding Machines. The employer shall ensure that belt sanding machines shall be provided with guards at each nip point where the sanding belt runs onto a pulley.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.08)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.08 Blood Borne Pathogens. To eliminate or minimize employee exposure to human body fluids or infectious waste, the employer shall ensure that the following safety work practices shall be followed:

(a) All human blood and body fluids shall be treated as if known to be infectious for HIV, HBV, and other blood borne pathogens;

(b) Employees responding to emergencies or other situations where blood or body fluids are present shall wear single use disposable gloves, such as surgical or examination gloves, wash hands after removal of gloves, and wear eye protection when blood or other potentially infectious materials might be splashed; and

(c) Work procedures shall include safe handling and disposal of needles and sharps, used bandages and gauze, linens, and all other items that come in contact with blood or other potentially infectious materials.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.09)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.09 Chains, Cables, Ropes, and Hooks. The employer shall ensure compliance with the following requirements:

(a) Chains, cables, ropes, and hooks shall be visually inspected daily by a competent person, for deformation, cracks, excessive wear, twists, and stretch, and defective gear shall be replaced or repaired;

(b) Hoist ropes on crawler, locomotive, and truck cranes shall be free from kinks or twists and shall not be wrapped around the load; and

(c) All U-bolt wire rope clips on hoist ropes shall be installed so that the U-bolt is in contact with the short or nonload-carrying end of the rope. Clips shall be installed in accordance with the clip manufacturer’s recommendation. All nuts on newly installed clips shall be retightened after the first hour of use.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.10)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.10 Chipguards. The employer shall ensure that protective shields or barriers shall be provided in operations involving cleaning with compressed air, to protect personnel against flying chips or other such hazards.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.11)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.11 Compressed Air Use. The employer shall ensure that compressed air used for cleaning purposes shall not exceed 30 psi. However, this limitation shall not apply to concrete form or mill scale, or to areas where compressed air is used in a fixed process, such as attached to a machine.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.12)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.12 Compressed Gas Cylinders. The employer shall ensure compliance with the following requirements:

(a) Valve protection caps shall be in place when compressed gas cylinders are transported, moved, or stored;

(b) Cylinder valves shall be closed when work is finished and when cylinders are empty or are moved;

(c) Compressed gas cylinders shall be secured in an upright position at all times, except if necessary for short periods of time when cylinders are actually being hoisted or carried;

(d) Cylinders shall be kept far enough away from the actual welding or cutting operation or protected by a fire resistant barrier so that sparks, hot slag, or flame will not reach them. When this is impractical, fire resistant shields shall be provided, as required by the National Fire Protection Association (NFPA) 51B and Saf-C 6008;

(e) Oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials a minimum distance of 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least 1/2 hour; and

(f) Compressed gas shall not be used for cleaning purposes.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.13)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.13 Concrete, Concrete Forms, and Shoring. The employer shall ensure compliance with the following requirements:

(a) Employees shall not work above vertically protruding reinforcing steel, unless it has been protected to eliminate the hazard of impalement;

(b) Powered and rotating-type concrete troweling machines that are manually guided shall be equipped with a deadman-type operating control; and

(c) Formwork and shoring shall safely support all loads imposed during concrete placement. Drawings or plans of jack layout, formwork, shoring, working decks, and scaffolding systems shall be available at the jobsite.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED 10-09-06 (formerly Lab 1403.14)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.14 Confined Space Entry. The employer shall ensure compliance with the following requirements:

(a) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces. The employer shall perform and document a comprehensive workplace evaluation;

(b) If the workplace contains permit spaces, the employer shall inform exposed employees, by posting a sign reading “DANGER - PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or having similar language;

(c) If the employer decides that its employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with the permitting requirements in paragraph (j) below;

(d) If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with paragraph (i) of this section. The written program shall always be available for inspection by employees or their authorized representatives;

(e) An employer may use the following alternate procedures in lieu of the requirements of (b) through (d) above provided:

(1) The employer:

a. Demonstrates that the only hazard posed by the permit space is an actual or potential hazardous atmosphere;

b. Demonstrates that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry;

c. Develops monitoring and inspection data that supports the demonstrations required by paragraph (e)(2) below;

d Ensure that all entry into the permit space is performed in compliance with (2) below; and

e. Make available for inspection by employees or their authorized representatives all determinations and supporting data required by (2) below;

(2) The following shall apply to entry into permit spaces set forth in (1) above:

a. Any conditions making it unsafe to remove an entrance cover shall be eliminated before the cover is removed;

b. When entrance covers are removed, the opening shall be promptly guarded by a railing, temporary cover, or other temporary barrier that prevents an accidental fall through the opening and that will protect each employee working in the space from foreign objects entering the space;

c. Before an employee enters the space, the internal atmosphere shall be tested, with a calibrated direct-reading instrument, for oxygen content, for flammable gases and vapors, and for potential toxic air contaminants, in that order. Any employee who enters the space, or that employee's authorized representative, shall be provided an opportunity to observe the pre-entry testing required by this paragraph; and

d. There shall be no hazardous atmosphere within the space whenever any employee is inside the space; and

(3) Continuous forced air ventilation shall be used as follows:

a. An employee shall not enter the space until the forced air ventilation has eliminated any hazardous atmosphere;

b. The forced air ventilation shall be so directed as to ventilate the immediate areas where an employee is or will be present within the space and shall continue until all employees have left the space;

c. The air supply for the forced air ventilation shall be from a clean source and shall not increase the hazards in the space;

d. The atmosphere within the space shall be periodically tested as necessary to ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere. Any employee who enters the space, or that employee's authorized representative, shall be provided with an opportunity to observe the periodic testing;

e. If a hazardous atmosphere is detected during entry:

i. Each employee shall leave the space immediately;

ii. The space shall be evaluated to determine how the hazardous atmosphere developed; and

iii. Measures shall be implemented to protect employees from the hazardous atmosphere before any subsequent entry takes place; and

f. The employer shall verify that the space is safe for entry and that the pre-entry measures required by e. above have been taken, through a written certification, created by the employer, that contains the date, the location of the space, and the signature of the person providing the certification. The certification shall be made before entry and shall always be available for inspection by employees or their authorized representatives;

(f) When there are changes in the use or configuration of a non-permit confined space that might increase the hazards to entrants, the employer shall reevaluate that space and, if necessary, reclassify it as a permit-required confined space;

(g) A space classified by the employer as a permit-required confined space shall only be reclassified as a non-permit confined space under the following procedures:

(1) If the permit space poses no actual or potential atmospheric hazards and if all hazards within the space are eliminated without entry into the space, the permit space shall only be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated;

(2) If it is necessary to enter the permit space to eliminate hazards, such entry shall be performed under paragraphs (b) through (i) below. If testing and inspection during that entry demonstrate that the hazards within the permit space have been eliminated, the permit space shall only be reclassified as a non-permit confined space for as long as the hazards remain eliminated;

(3) The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be always made available for inspection by employees or their authorized representatives; and

(4) If hazards arise within a permit space that has been reclassified to a non-permit space under this section, each employee in the space shall exit the space. The employer shall then reevaluate the space and determine whether it needs to be reclassified as a permit space, in accordance with other applicable provisions of this section;

(h) When an employer arranges to have employees of a contractor perform work that involves permit space entry, the host employer shall:

(1) Inform the contractor that the workplace contains permit spaces and that permit space entry is allowed only through compliance with a permit space program meeting the requirements of this section;

(2) Apprise the contractor of the elements, including the hazards identified and the host employer's experience with the space, that make the space in question a permit space;

(3) Apprise the contractor of any precautions or procedures that the host employer has implemented for the protection of employees in or near permit spaces where contractor personnel will be working;

(4) Coordinate entry operations with the contractor, when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by (i)(14) below; and

(5) Debrief the contractor at the conclusion of the entry operations regarding the permit space program followed and regarding any hazards confronted or created in permit spaces during entry operations;

(i) Under the permit space program required by (d) above, the employer shall:

(1) Implement the measures necessary to prevent unauthorized entry;

(2) Identify and evaluate the hazards of permit spaces before employees enter them;

(3) Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following:

a. Specifying acceptable entry conditions;

b. Providing each authorized entrant or that employee's authorized representative with the opportunity to observe any monitoring or testing of permit spaces;

c. Isolating the permit space;

d. Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards;

e. Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards; and

f. Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry;

(4) Provide the equipment specified in (k)(13) below at no cost to employees, and maintain that equipment properly as follows:

a. Testing and monitoring equipment needed to comply with c. above;

b. Ventilating equipment needed to obtain acceptable entry conditions;

c. Communications equipment necessary to ensure communication between the entrants and the entry supervisor;

d. Personal protective equipment insofar as feasible engineering and work practice controls do not adequately protect employees;

e. Lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency;

f. Barriers and shields as required by paragraph (i)(3)e. above;

g. Equipment needed for safe ingress and egress by authorized entrants;

h. Rescue and emergency equipment needed to comply with (p) below, except to the extent that the equipment is provided by rescue services; and

i. Any other equipment necessary for safe entry into and rescue from permit spaces;

(5) Evaluate permit space conditions as follows when entry operations are conducted:

a. Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system, pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working;

b. Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during entry operations;

c. When testing for atmospheric hazards, test first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors;

d. Provide each authorized entrant or that employee's authorized representative an opportunity to observe the pre-entry and any subsequent testing or monitoring of permit spaces;

e. Reevaluate the permit space in the presence of any authorized entrant or that employee's authorized representative who requests that the employer conduct such reevaluation because the entrant or representative has reason to believe that the evaluation of that space might not have complied with this section; and

f. Immediately provide each authorized entrant or that employee's authorized representative with the results of any testing conducted in accordance with this section;

(6) Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations. Attendants may be assigned to monitor more than one permit space provided the duties described in paragraph (n) of this section can be effectively performed for each permit space that is monitored. Likewise, attendants may be stationed at any location outside the permit space to be monitored as long as the duties described in (n) below can be effectively performed for each permit space that is monitored;

(7) If multiple spaces are to be monitored by a single attendant, include in the permit program the means and procedures to enable the attendant to respond to an emergency affecting one or more of the permit spaces being monitored without distraction from the attendant's responsibilities under (n) below;

(8) Designate the persons who are to have active roles in entry operations, identify the duties of each such employee, and provide each such employee with the training required by (n) below;

(9) Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;

(10) Develop and implement a system for the reparation, issuance, use, and cancellation of entry permits as required by (j) below;

(11) Develop and implement procedures to coordinate entry operations when employees of more than one employer are working simultaneously as authorized entrants in a permit space, so that employees of one employer do not endanger the employees of any other employer;

(12) Develop and implement procedures, to include closing off a permit space and canceling the permit necessary for concluding the entry after entry operations have been completed;

(13) Review entry operations when the employer has reason to believe that the measures taken under the permit space program might not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized; and

(14) Review the permit space program, using the canceled permits retained pursuant to (j)(6) below within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards. Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary;

(j) Employers shall utilize a permit system as follows:

(1) Before entry is authorized, the employer shall prepare an entry permit that complies with (k) below;

(2) Before entry begins, the entry supervisor identified on the permit shall sign the entry permit to authorize entry;

(3) The completed permit shall be made available at the time of entry to all authorized entrants or their authorized representatives, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre-entry preparations have been completed;

(4) The duration of the permit shall not exceed the time required to complete the assigned task or job identified on the permit in accordance with (k)(3) below;

(5) The entry supervisor shall terminate entry and cancel the entry permit when:

a. The entry operations covered by the entry permit have been completed; or

b. A condition that is not allowed under the entry permit arises in or near the permit space; and

(6) The employer shall retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by (i) above. Any problems encountered during an entry operation shall be noted on the pertinent permit so that appropriate revisions to the permit space program can be made;

(k) The entry permit that documents compliance with this section and authorizes entry to a permit space shall identify:

(1) The permit space to be entered;

(2) The purpose of the entry;

(3) The date and the authorized duration of the entry permit;

(4) The authorized entrants within the permit space, by name or by such other means as will enable the attendant to determine quickly and accurately, for the duration of the permit, which authorized entrants are inside the permit space;

(5) The personnel, by name, currently serving as attendants;

(6) The individual, by name, currently serving as entry supervisor, with a space for the signature or initials of the entry supervisor who originally authorized entry;

(7) The hazards of the permit space to be entered;

(8) The measures used to isolate the permit space and to eliminate or control permit space hazards before entry, including the lockout or tagging of equipment and procedures for purging, inerting, ventilating, and flushing permit spaces;

(9) The acceptable entry conditions;

(10) The results of initial and periodic tests performed under (i)(5) above, accompanied by the names or initials of the testers and by an indication of when the tests were performed;

(11) The rescue and emergency services that can be summoned, and the means and contact information for summoning those services;

(12) The communication procedures used by authorized entrants and attendants to maintain contact during the entry;

(13) Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this section;

(14) Any other information whose inclusion is necessary, given the circumstances of the particular confined space, in order to ensure employee safety; and

(15) Any additional permits, such as for hot work, that have been issued to authorize work in the permit space;

(l) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary to safely perform the duties assigned under this section as follows:

(1) Training shall be provided to each affected employee:

a. Before the employee is first assigned duties under this section;

b. Before there is a change in assigned duties;

c. Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained; or

d. Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by paragraph (i) above or that there are inadequacies in the employee's knowledge or use of these procedures;

(2) The training shall establish employee proficiency in the duties required by this section and shall introduce new or revised procedures, as necessary, for compliance with this section; and

(3) The employer shall certify that the training required by (1) above has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of training. The certification shall always be available for inspection by employees and their authorized representatives;

(m) The employer shall ensure that all authorized entrants:

(1) Know the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Properly use equipment as required by (i)(4) above;

(3) Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space as required by (n)(5) below;

(4) Alert the attendant whenever:

a. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation; or

b. The entrant detects a prohibited condition;

(5) Exit from the permit space as quickly as possible whenever:

a. An order to evacuate is given by the attendant or the entry supervisor;

b. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation;

c. The entrant detects a prohibited condition; or

d. An evacuation alarm is activated;

(n) The employer shall ensure that each attendant:

(1) Knows the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Is aware of possible behavioral effects of hazard exposure in authorized entrants;

(3) Continuously maintains an accurate count of authorized entrants in the permit space and ensures that the means used to identify authorized entrants under (k)(4) above accurately identifies who is in the permit space;

(4) Remains outside the permit space during entry operations until relieved by another attendant;

(5) Communicates with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space under (n)(6) below;

(6) Monitors activities inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions:

a. If the attendant detects a prohibited condition;

b. If the attendant detects the behavioral effects of hazard exposure in the authorized entrant;

c. If the attendant detects a situation outside the space that could endanger the authorized entrants; or

d. If the attendant cannot effectively and safely perform all the duties required this section;

(7) Summons rescue and other emergency services as soon as the attendant determines that authorized entrants might need assistance to escape from permit space hazards;

(8) Takes the following actions when unauthorized persons approach or enter a permit space while entry is underway:

a. Warn the unauthorized persons that they shall stay away from the permit space;

b. Advise the unauthorized persons that they shall exit immediately if they have entered the permit space; and

c. Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space;

(9) Performs non-entry rescues as specified by the employer's rescue procedure; and

(10) Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants;

(o) The employer shall ensure that each entry supervisor:

(1) Knows the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Verifies, by checking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin;

(3) Terminates the entry and cancels the permit as required by (j)(5) above;

(4) Verifies that rescue services are available and that the means for summoning them are operable;

(5) Removes unauthorized individuals who enter or who attempt to enter the permit space during entry operations; and

(6) Determines, whenever responsibility for a permit space entry operation is transferred and at intervals dictated by the hazards and operations performed within the space, that entry operations remain consistent with terms of the entry permit and that acceptable entry conditions are maintained;

(p) An employer who designates rescue and emergency services, pursuant (i)(4)h above, shall:

(1) Designate rescue and emergency services pursuant to (i)(4)h above by evaluating a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;

(2) Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the permit space or types of permit spaces identified;

(3) Select a rescue team or service from those evaluated that:

a. Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; and

b. Is equipped for and proficient in performing the needed rescue services;

(4) Inform each rescue team or service of the hazards they might confront when called on to perform rescue at the site; and

(5) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations;

(q) An employer whose employees have been designated to provide permit space rescue and emergency services shall take the following measures:

(1) Provide designated employees with the personal protective equipment needed to conduct permit space rescues safely and train designated employees so they are proficient in the use of that personal protective equipment, at no cost to those employees;

(2) Train designated employees to perform assigned rescue duties. The employer shall ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant, as required in (m) above;

(3) Train designated employees in basic first aid and cardiopulmonary resuscitation. The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and cardiopulmonary resuscitation is available; and

(4) Ensure that designated employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed;

(r) To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements:

(1) Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, above the entrant's head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative; and

(2) The other end of the retrieval line shall be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical type permit spaces more than 5 feet deep;

(s) If an injured entrant is exposed to a substance for which a material safety data sheet or other similar written information is required to be kept at the worksite, that material safety data sheet or written information shall be made available to the medical facility treating the exposed entrant; and

(t) Employers shall consult with affected employees and their authorized representatives on the development and implementation of all aspects of the permit space program required by (i) above. Employers shall always make available to affected employees and their authorized representatives all information required to be developed by this section.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.15)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.15 Cranes and Derricks. The employer shall ensure compliance with the following requirements:

(a) The employer shall comply with the manufacturer’s specifications and limitations as supplied by the manufacturer;

(b) Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be conspicuously posted on all equipment and complied with. Instructions or warnings shall be visible from the operator’s station;

(c) Equipment shall be inspected by a competent person before each use and during use, and all deficiencies corrected before further use;

(d) Accessible areas within the swing radius of the rear of the rotating superstructure shall be barricaded to prevent employees from being struck or crushed by the crane;

(e) No part of a crane or its load shall be operated:

(1) Within 10 feet of a line rated 50 kV or below;

(2) Within 10 feet + 0.4 inches for each 1 kV over 50 kV for lines rated over 50 kV; or

(3) Within twice the length of the line insulator, but never less than 10 feet; and

(f) The requirements of the above shall not apply where electrical distribution and transmission lines have been de-energized and visibly grounded at point of work, or where insulating barriers have been erected to prevent physical contact with the lines.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.16)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.16 Disposal Chutes. The employer shall ensure compliance with the following requirements:

(a) Whenever materials are dropped more than 20 feet to any exterior point of a building, an enclosed chute shall be used; and

(b) When debris is dropped through holes in the floor without the use of chutes, the area where the material is dropped shall be enclosed with barricades not less than 42 inches high and not less than 6 feet back from the projected edges of the opening above. Warning signs of the hazard of falling material shall be posted at each level.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.18)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.17 Dock-boards. The employer shall ensure that, dock-boards, meaning metal plates used to bridge the gap between a loading dock and truck over which industrial trucks travel to load or unload shall meet the following requirements:

(a) Dock-boards shall be strong enough to carry the load imposed on them;

(b) Dock-boards that are portable shall be anchored or equipped with devices which shall prevent their slipping. They shall have handholds or other effective means to allow safe handling; and

(c) Wheel chocks or other devices shall be provided to prevent railroad cars from being moved while dock-boards are in position.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.19)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.18 Ergonomics.

(a) Each employer shall evaluate all incidences of ergonomically related injuries, such as repetitive motion trauma, carpal tunnel syndrome, and back injuries, and make necessary workplace modifications to prevent recurrences.

(b) The employer shall develop training procedures for employees who might be subject to ergonomic exposures such as those listed above.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.22)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.19 Excavating and Trenching. The employer shall ensure compliance with the following requirements:

(a) Before excavation, underground utilities shall be identified and marked, and utility companies contacted to determine if there are underground utility installations in the area;

(b) A competent person, as defined in Lab 1402.09, shall inspect and evaluate the condition of all trenches and excavations prior to permitting an employee to enter;

(c) The inspection shall be performed at the beginning of each day and at least 4 times during the workday thereafter, and include the following:

(1) Attention shall be given when adverse weather conditions might affect the condition of the excavation or trench; and

(2) If evidence of possible cave-ins or slides is apparent, all work in the excavation shall cease until the requirement of (d) below have been met to safeguard the employees;

(d) The walls and faces of trenches 5 feet or more deep, and all excavations, in which employees are exposed to danger from moving ground or cave-in shall be guarded by a trench protective system, or sloping of the ground;

(e) In excavations which employees might be required to enter, excavated or other material shall be stored and retained at least 2 feet or more from the edge of the excavation;

(f) Trenches 4 feet deep or more shall have an adequate means of exit such as ladders or steps in the protected area of the trench. The exit shall be located so as to require no more than 25 feet of lateral travel; and

(g) Excavations near retaining walls, utility poles, and other objects that are supported by compacted soil shall be supported at all times to prevent their collapse or undermining.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.23)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.20 Exits.

(a) Every building designed for human occupancy shall be provided with exits sufficient to permit safe escape of occupants in case of emergency.

(b) There shall be at least 2 means of egress remote from each other in areas that are hazardous or where employees might be endangered by the blocking of any single means of egress due to fire, smoke, or active shooter threats.

(d) Exits and the way of approach and travel from exits shall be maintained so that they are unobstructed and are always accessible.

(e) All exits shall discharge directly to the street or other open space that provides safe access to a public way. Each exit discharge area shall be large enough to accommodate the building occupants using the exit route.

(f) Exit doors serving more than 50 people, or at high hazard areas, shall swing in the direction of exit travel.

(g) Exit doors shall be unlocked from the inside and free of any device that restricts use of the exit if the device fails.

(h) Exits shall be marked by clearly visible, suitably illuminated exit signs to a surface value of 75 lumens by a reliable light source . Exit signs shall be distinctive in color and provide contrast with the surroundings. The word “EXIT” shall be of plainly legible letters, not less than 6 inches high.

(i) Any door, passage, or stairway which is neither an exit nor a way of exit access, and which is so located or arranged as to be likely mistaken for an exit, shall be identified by a sign reading “Not an Exit”.

(j) Exit routes shall be kept free of flammable furnishing, explosives, or other obstruction.

(k) Exit routes shall be free and unobstructed, without locked doors within the exit route, or material or equipment placed permanently or temporarily within the exit route.

(l) Exit doors shall be unlocked from the inside and free of any device that restricts use of the exit if the device fails.

(m) Each exit route shall be sufficiently lighted by a light source with a surface value of 75 lumens such that an employee with normal vision can see along the exit route.

(n) Exit routes shall have emergency lighting that automatically switches on in the event of an outage or other emergency.

(o) Emergency lighting shall be powered by battery backup for a minimum of 90 minutes in the event of power or other outages.

(p) Employers shall perform functional testing of emergency lighting systems as follows:

(1) Functional testing of not less than 30 seconds shall be conducted monthly with a minimum of 3 weeks and a maximum of 5 weeks between tests;

(2) Functional testing of the emergency exit and egress lighting system’s battery power shall be performed annually for a minimum of 1 ½ hours;

(3) Emergency lighting equipment shall be fully operational for the duration of functional testing; and

(4) A written record of functional testing shall be kept by the employer and provided to the New Hampshire department of labor on request to demonstrate compliance with the functional testing requirements at (l) above.

(q) Employers who comply with exit requirements in the New Hampshire fire code, as defined at N.H. RSA 153:1, VI-a, as amended pursuant to RSA 153:5, shall be deemed in compliance with Lab 1403.20. Compliance shall be demonstrated by proof of written approval from the public official certifying compliance with the New Hampshire fire code.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.25)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.21 Fall Protection.

(a) This section shall not apply to stairways, ladders, scaffolds, cranes, and derricks, or steel erection.

(b) The employer shall ensure that each employee on a walking or working surface with an unprotected side or edge which is 4 feet or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.

(1) Hoist areas;

(2) Holes;

(3) Form-work and reinforcing steel;

(4) Ramps;

(5) Runways and walkways;

(6) Excavations;

(7) Bricklaying;

(8) Working above dangerous equipment;

(9) Roofing work;

(10) Pre-cast concrete erection;

(11) Wall openings; and

(12) Other walking or working surfaces.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.29)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.20); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.22 Flagger. The employer shall ensure compliance with the following requirements:

(a) At work sites on or adjacent to a highway or street, where signs, signals, and barricades do not provide protection from traffic, a flagger shall be provided;

(b) A flagger shall be provided with and shall wear a highly visible warning garment while flagging. Warning garments worn during low-light conditions or at night shall be equipped with high visibility material that is visible through the full range of the flag person’s body motions; and

(1) Highly visible;

(2) At least 18 inches in height and width; and

(3) With lettering at least 6 inches in height.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.32)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.21); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.23 Flammables and Combustibles. The employer shall ensure compliance with the following requirements:

(a) Flammable liquids shall be stored only in closed flammable liquid containers, or safety cans designed for that purpose in accordance with size specifications set forth in Table 1400.1;

Table 1400.1 - Allowable Container Size.

Container Type	Category I: Flashpoint below 73.4 °F with boiling point at or below 95 °F	Category II: Flashpoint below 73.4 °F and boiling point above 95 °F	Category III: Flashpoint at or above 73.4 °F and at or below 140 °F	Category IV: Flashpoint above 140 °F and at or below 199.4 °F
Glass or Plastic	1 pint	1 quart	1 gallon	1 gallon
Metal	1 gallon	5 gallon	5 gallon	5 gallon
Safety Cans	2 gallon	5 gallon	5 gallon	5 gallon
Portable Tank	660 gallon	660 gallon	660 gallon	660 gallon

(b) Notwithstanding Table 1400.1, glass or plastic containers of 1 gallon or less may be used for flammable liquids with a flashpoint below 73.4 °F and boiling point at or below 95 °F or flashpoint below 73.4 °F and boiling point above 95 °F only if the flammable liquid would be rendered unfit for intended use by contact with metal or would corrode a metal container and cause leakage;

(d) Flammable liquid containers and safety cans shall be conspicuously labeled or marked so as to clearly identify contents and prevent incompatible storage;

(e) Flammable liquids with flashpoints below 73.4 °F or with boiling points at or below 95 °F may be stored outside a flammable storage cabinet in amounts that do not exceed 25 gallons or 120 gallons for flammable liquids that have flashpoints below 73.4 °F and boiling points above 95 °F. All other flammable liquids shall be stored in flammable storage cabinets;

(f) Flammable storage cabinets shall be fire resistant and conspicuously labeled in bold lettering: “Flammable – Keep Fire Away”;

(g) Any flammable storage container made of metal shall:

(1) Be constructed of double walled 18-gauge sheet iron with 1 ½ inch air space;

(2) Have joints that are riveted, welded, or made tight by equally effective means; and

(3) Have a 3-point lock on the door, with the door sill raised at least 2 inches above the bottom of the cabinet;

(h) Any flammable storage containers made of wood shall:

(1) Be constructed of exterior grade plywood at least 1 inch in thickness;

(2) Have joints that are rabbeted and fastened in 2 directions with flathead screws;

(3) Have a rabbeted overlap of no less than 1 inch when more than one door is used; and

(4) Mount hinges in a manner such that holding capacity is not lost due to loosening or burning out of screws when subject to fire testing;

(i) No more than 60 gallons of flammable liquids shall be stored in a flammable storage cabinet, except for those flammable liquids with a flashpoint above 140 F and at or below 200 F, of which no more than 120 gallons may be stored in a flammable storage cabinet;

(j) No more than 3 storage cabinets shall be located in any singular indoor storage room or area;

(k) Flammable and combustible liquids shall be drawn from or transferred into containers only through a closed piping system, by means of a device drawing through the top, or by gravity through a self-closing valve. Transferring by means of air pressure shall be prohibited;

(l) Precautions shall be taken to prevent the ignition of flammable vapors;

(m) Safety data sheets shall be used to identify flammable liquids incompatible with one another for storage. Precaution shall be taken to isolate or separate incompatible flammable liquids when storing them;

(n) Employers shall maintain safety data sheets in the manner and timeframe as specified by RSA 277-A:5;

(o) Automatic overhead extinguishers or portable fire extinguishers shall be available at locations where flammable or combustible liquids are stored;

(p) Conspicuous and legible signs prohibiting smoking shall be posted in service and refueling areas and areas where flammable or combustible liquids are stored;

(q) A portable fire extinguisher designated at least 6# BC shall be located within 75 feet of any refueling area;

(r) Flammables such as draperies, curtains, area rugs, and other similar furnishings and decorations in educational facilities shall not be permitted unless treated with fire-retardant coatings;

(s) Artwork and teaching materials in educational facilities shall be permitted to be attached directly to walls. Such materials shall not exceed 20 percent of the wall area in buildings not protected throughout, in accordance with RSA 153:1, VI-a, by a supervised automatic sprinkler system approved by the state fire marshal and 50 percent of the wall area in buildings protected throughout by a supervised automatic sprinkler system approved by the state fire marshal;

(t) Outdoor storage of containers and portable tanks shall be maintained 20 or more feet away from any building;

(u) Piles of containers stored outdoors shall not exceed 1,100 gallons per pile with groups of containers separated by 5-foot clearance; and

(v) Outdoor storage areas for containers and portable tanks shall be kept clear and free of weeds, debris, and flammable and combustible materials not necessary to the storage.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.33)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.24 Floor Openings and Open Sides. The employer shall ensure compliance with the following requirements:

(a) Every stairway and ladder way floor opening shall be guarded by a standard railing on all exposed sides except at the entrance. The entrance to ladder way openings shall be guarded to prevent a person from walking directly into the opening;

(b) Every hatchway and chute floor opening shall be guarded by a hinged floor opening cover equipped with standard railings to leave only one exposed side or by a removable railing with toeboard on not more than 2 sides and a fixed standard railing with toeboards on all other exposed sides; and

(c) Every floor hole into which persons can accidentally walk shall be guarded by either a standard railing with standard toeboard on all exposed sides, or a floor hole cover capable of supporting at least twice the weight of employees, equipment, and materials that might be imposed on the cover at any one time. All covers shall be secured to prevent accidental displacement and shall be marked with the word “hole” or “cover” to provide warning of the hazard.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.34)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.22); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.25 Forklift Trucks and Powered Industrial Trucks. The employer shall ensure compliance with the following requirements:

(a) If at any time a powered industrial truck is in need of repair, defective, or in any way unsafe, the truck shall be taken out of service until it has been restored to safe operating condition;

(b) Forklift trucks with extended lifts shall be equipped with an overhead guard unless operating conditions do not permit;

(c) Fork trucks shall be equipped with a vertical load backrest extension when the type of load presents a hazard to the operator;

(d) The brakes of highway trucks and trailers shall be set and wheel chocks placed under the rear wheels to prevent the truck from rolling while fork trucks are entering or leaving; and

(e) Employers shall verify that the above equipment shall be operated by competent individuals as defined in Lab 1402.09.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.35)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.23); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.26 Guards. The employer shall ensure that guards for mechanical power transmission equipment be made of metal or other rigid material. Except that wood guards may be used in the woodworking and chemical industries, in industries where atmospheric conditions would rapidly deteriorate metal guards, or where temperature extremes make metal guards undesirable.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.37)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.24); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.27 Hand Tools. The employer shall ensure compliance with the following requirements:

(a) Each employer shall be responsible for the safe condition of tools and equipment used by employees, including tools and equipment furnished by employees;

(b) All hand tools shall be kept in safe condition. Handles of tools shall be kept tight in the tool, and wooden handles shall be free of splinters or cracks. Wedges, chisels, and similar tools shall be free of mushroomed heads. Wrenches shall not be used when sprung to the point that slippage occurs; and

(c) Electric power operated tools shall either be double-insulated, grounded, or used with ground fault circuit interrupters.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.38)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (Lab 1403.25); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.28 Hoists. The employer shall ensure compliance with the following requirements:

(a) The employer shall comply with the hoist manufacturer’s specifications and limitations as to the proper use and installation of the equipment, whether at a portable or fixed location;

(b) Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be visibly marked on cars and platforms;

(d) Hoistway doors or cages of personnel hoists shall be not less than 6 feet 6 inches high and shall be protected with mechanical locks which cannot be operated from the landing side and shall be accessible only to persons on the car; and

(e) Overhead protective coverings shall be provided on the top of the hoist cage or platform.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.39)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.26); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.29 Housekeeping. The employer shall ensure compliance with the following requirements:

(a) Form and scrap lumber with protruding nails and all other debris shall be kept clear from all work areas;

(b) Combustible scrap and debris shall be removed from work areas at least daily;

(d) All places of employment, passageways, storerooms, and service rooms shall be kept clean and in a sanitary condition; and

(e) All floors shall be kept clean, dry, safely maintained, and free from trip hazards.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.40)

New. #8796, eff 1-11-07 (formerly and moved by Lab 1403.28); ss by #10809, eff 4-9-15 (from Lab 1403.27); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.30 Hygiene and Sanitation. The employer shall ensure compliance with the following requirements:

(a) A supply of potable water shall be provided in all places of employment;

(b) Potable drinking water containers shall be capable of being tightly closed and be equipped with a tap;

(d) The above shall not apply to mobile crews or normally unattended locations, as long as employees working at these locations have transportation immediately available to nearby locations that provide water and sanitary facilities.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.41)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.28); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.31 Jointers. The employer shall ensure compliance with the following requirements:

(a) Each hand-fed jointer with a horizontal cutting head shall have an automatic guard which shall cover the section of the head on the working side of the fence or cage, and a guard which shall cover the back of the cage or fence; and

(b) A jointer guard shall automatically adjust itself to cover the unused portion of the head, and shall remain in contact with the material at all times.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.42)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.29); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.32 Ladders. The employer shall ensure compliance with the following requirements:

(a) The employer shall ensure that each ladder used meets the requirements of this section except when the ladder is:

(1) Used in emergency operations such as firefighting, rescue, and tactical law enforcement operations, or training for these operations, or by any member of the New Hampshire National Guard while on state active duty; or

(2) Designed into or is an integral part of machines or equipment;

(b) When employees are using any type of ladder, the employer shall ensure that:

(1) Ladder rungs, steps, and cleats are parallel, level, and uniformly spaced when the ladder is in position for use;

(2) Ladder rungs, steps, and cleats are spaced not less than 10 inches and not more than 14 inches apart, as measured between the centerlines of the rungs, cleats, and steps, except that:

a. Ladder rungs and steps in elevator shafts shall be spaced not less than 6 inches apart and not more than 16.5 inches apart, as measured along the ladder side rails; and

b. Fixed ladder rungs and steps on telecommunication towers shall be spaced not more than 18 inches apart, measured between the centerlines of the rungs or steps;

(3) Steps on stepstools are spaced not less than 8 inches apart and not more than 12 inches apart, as measured between the centerlines of the steps;

(4) Ladder rungs, steps, and cleats have a minimum clear width of 11.5 inches on portable ladders and 16 inches, measured before installation of ladder safety systems, for fixed ladders, except that:

a. The minimum clear width does not apply to ladders with narrow rungs that are not designed to be stepped on;

b. Rungs and steps of manhole entry ladders that are supported by the manhole opening shall have a minimum clear width of 9 inches;

c. Rungs and steps on rolling ladders used in telecommunication centers shall have a minimum clear width of 8 inches; and

d. Stepstools have a minimum clear width of 10.5 inches;

(5) Wooden ladders are not coated with any material that might obscure structural defects;

(6) Metal ladders are made with corrosion-resistant material or are protected against corrosion;

(7) Ladder surfaces are free of puncture and laceration hazards;

(8) Ladders are not loaded beyond the manufacturer’s maximum rated load, including the total load, weight and force, of the employee and all tools, equipment, and materials being carried;

(9) Ladders are used only in accordance with manufacturer’s specifications;

(10) Ladders are inspected before initial use in each work shift, and more frequently as necessary, to identify any visible defects that could cause employee injury;

(11) Any ladder with structural or other defects is immediately tagged “Dangerous: Do Not Use” or with similar language and removed from service until repaired or replaced;

(12) Each employee faces the ladder when climbing up or down it;

(13) Each employee uses at least one hand to grasp the ladder when climbing up and down; and

(14) No employee carries any object or load that could cause the employee to lose balance and fall while climbing up or down the ladder;

(1) Rungs and steps of portable metal ladders are corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize the possibility of slipping;

(2) Each stepladder or combination ladder used in a stepladder mode is equipped with a metal spreader or locking device that securely holds the front and back sections in an open position while the ladder is in use;

(3) Ladders are used only on stable and level surfaces unless they are secured or stabilized to prevent accidental displacement;

(4) No portable single rail ladders are used;

(5) No ladder is moved, shifted, or extended while an employee is on it;

(6) Ladders placed in locations such as passageways, doorways, or driveways where they can be displaced by other activities or traffic:

a. Are secured to prevent accidental displacement; or

b. Are guarded by a temporary barricade, to keep the activities or traffic away from the ladder;

(7) The cap, if equipped, and top step of a stepladder are not used as steps;

(8) Portable ladders used on slippery surfaces are secured and stabilized;

(9) The top of a non-self-supporting ladder is placed so that both side rails are supported, unless the ladder is equipped with a single support attachment;

(10) The base of a portable ladder shall be placed away from the bottom of the top support at a width equivalent to one fourth the distance between the base of the ladder and the top support as stipulated in Figure 1400.01 below;

(11) Portable ladders used to gain access to an upper landing surface have side rails that extend at least 3 feet above the upper landing surface as stipulated in Figure 1400.01 below;

(12) Ladders and ladder sections are not tied or fastened together to provide added length unless they are specifically designed for such use; and

(13) Ladders are not placed on unstable bases to obtain additional height;

Figure 1400.1 - Portable Ladder Set-up.

Shape

Description automatically generated with medium confidence

(d) When employees are using fixed ladders, the employer shall ensure that:

(1) Fixed ladders are capable of supporting their maximum intended load;

(2) The minimum perpendicular distance from the centerline of the steps or rungs, or grab bars, or both, to the nearest permanent object in back of the ladder is 7 inches, except for elevator pit ladders, which have a minimum perpendicular distance of 4.5 inches;

(3) Grab bars do not protrude on the climbing side beyond the rungs of the ladder that they serve;

(4) The side rails of through or side-step ladders extend at least 42 inches above the top of the access level or landing platform served by the ladder. For parapet ladders, the access level is:

a. The roof, if the parapet is cut to permit passage through the parapet; or

b. The top of the parapet, if the parapet is continuous;

(5) For through ladders, the steps or rungs are omitted from the extensions, and the side rails are flared to provide not less than 24 inches nor more than 30 inches of clearance. When a ladder safety system is provided, the maximum clearance between side rails of the extension shall not exceed 36 inches;

(6) For side-step ladders, the side rails, rungs, and steps shall be continuous in the extension as stipulated in Figure 1400.2 below;

(7) Grab bars extend 42 inches above the access level or landing platforms served by the ladder;

(8) The minimum size of the cross-section of grab bars is the same size as the rungs of the ladder;

(9) When a fixed ladder terminates at a hatch, as shown in Figure 1400.3 below, the hatch cover:

a. Opens with sufficient clearance to provide easy access to or from the ladder; and

b. Opens at least 70 degrees from horizontal if the hatch is counterbalanced;

(10) Individual-rung ladders are constructed to prevent the employee's feet from sliding off the ends of the rungs as shown in Figure 1400.4 below;

(11) Fixed ladders having a pitch greater than 90 degrees from the horizontal are not used;

(12) The step-across distance from the centerline of the rungs or steps is:

a. For through ladders, not less than 7 inches nor more than 12 inches to the nearest edge of the structure, building, or equipment accessed from the ladders;

b. For side-step ladders, not less than 15 inches nor more than 20 inches to the access points of the platform edge; and

(13) Fixed ladders that do not have cages or wells have:

a. A clear width of at least 15 inches on each side of the ladder centerline to the nearest permanent object; and

b. A minimum perpendicular distance of 30 inches from the centerline of the steps or rungs to the nearest object on the climbing side. When unavoidable obstructions are encountered, the minimum clearance at the obstruction may be reduced to 24 inches, provided deflector plates are installed at an angle of 60 degrees away from the obstruction with the bottom of the deflector plate located no closer than 32 inches from the centerline of the ladder as shown in Figure 1400.5 below;

Figure 1400.2 – Side-Step Fixed Ladder Sections.

Shape

Description automatically generated with low confidence

Figure 1400.3 – Counter Balanced Hatch Cover at Roof.

Shape

Description automatically generated with low confidence

Figure 1400.4 – Individual Rung Ladder.

Shape

Description automatically generated with low confidence

Figure 1400.5 – Fixed Ladder Clearances.

A black rectangle with a black background

Description automatically generated with low confidence

(e) When employees are using mobile ladder stands and mobile ladder stand platforms, the employer shall ensure that:

(1) Mobile ladder stands and platforms have a step width of at least 16 inches;

(2) The steps and platforms of mobile ladder stands and platforms are slip resistant. Slip-resistant surfaces shall be either an integral part of the design and construction of the mobile ladder stand and platform, or provided as a secondary process or operation, such as dimpling, knurling, shotblasting, coating, spraying, or applying durable slip-resistant tapes;

(3) Mobile ladder stands and platforms are capable of supporting at least 4 times their maximum intended load;

(4) Wheels or casters under load are capable of supporting their proportional share of 4 times the maximum intended load, plus their proportional share of the unit's weight;

(5) Unless otherwise specified in this section, mobile ladder stands and platforms with a top step height of 4 feet or above have handrails with a vertical height of 29.5 inches to 37 inches, measured from the front edge of a step;

(6) The maximum work-surface height of mobile ladder stands and platforms does not exceed 4 times the shortest base dimension, without additional support. For greater heights, outriggers, counterweights, or comparable means that stabilize the mobile ladder stands and platforms and prevent overturning shall be used;

(7) Mobile ladder stands and platforms that have wheels or casters are equipped with a system to impede horizontal movement when an employee is on the stand or platform; and

(8) No mobile ladder stand or platform moves when an employee is on it; and

(f) The employer shall ensure that mobile ladder stands meet the following requirements:

(1) Steps are uniformly spaced and arranged, with a rise of not more than 10 inches and a depth of not less than 7 inches. The slope of the step stringer to which the steps are attached shall not be more than 60 degrees, measured from the horizontal;

(2) Mobile ladder stands with a top step height above 10 feet have the top step protected on 3 sides by a handrail with a vertical height of at least 36 inches, and top steps that are 20 inches or more, front to back, have a mid-rail and toe-board;

(3) The standing area of mobile ladder stands does not extend past the base;

(4) Steps of mobile ladder stand platforms meet the requirements of (1) above. When the employer demonstrates that the requirement is not feasible, steeper slopes or vertical rung ladders may be used, provided the units are stabilized to prevent overturning;

(5) Mobile ladder stand platforms with a platform height of 4 to 10 feet have, in the platform area, handrails with a vertical height of at least 36 inches and mid-rails; and

(6) All mobile ladder stand platforms with a platform height above 10 feet have guardrails and toe boards on the exposed sides and ends of the platform.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.45)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.30); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.33 Lasers. The employer shall ensure compliance with the following requirements:

(a) Only employees who have had training by the employer or equipment manufacturer shall be assigned to install, adjust, and operate laser equipment;

(b) Employees shall wear appropriate eye protection designed to safeguard against potential exposure to laser light greater than 5 milliwatts;

(c) Beam shutters or caps shall be utilized, or the laser turned off, when laser transmission is not actually required. When the laser is left unattended, such as during lunch hour, overnight, or at change of shifts, the laser shall be turned off;

(d) Employees shall not be exposed to light intensities above the following:

(1) Direct staring - 1 micro-watt per square centimeter;

(2) Incidental observing - 1 milliwatt per square centimeter; and

(3) Diffused reflected light - 2-1/2 watts per square centimeter; and

(e) Employees shall not be exposed to microwave power densities in excess of 10 milliwatts per square centimeter.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.46)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.31); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.34 Liquefied Petroleum Gas (LPG). The employer shall ensure compliance with the following requirements:

(a) Each system shall have containers, valves, connectors, manifold valve assemblies, and regulators which are designed for use with Liquified Petroleum Gas (LPG);

(b) Every container and vaporizer shall be provided with one or more safety relief valves or device;

(d) Portable heaters shall be equipped with an automatic device to shut off the flow of gas in the event of flame failure;

(e) Storage of LPG within buildings shall be prohibited; and

(f) Storage locations shall have at least one portable fire extinguisher, designed 20#BC.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.47)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.35 Lockout. The employer shall ensure compliance with the following requirements:

(a) All stored energy hazards including but not limited to the following shall be released, locked-out, or otherwise rendered non-hazardous prior to commencement of any work which could subject the employee to potential injury:

(1) Hydraulic pressure;

(2) Pneumatic pressure;

(3) Steam pressure;

(4) Vacuum;

(5) Electricity;

(6) Mechanical; and

(7) Gravity;

(b) Padlocks shall be made available to employees for the purpose of locking-out equipment when required;

(d) Lockout devices shall indicate the identity of the employee applying the device(s).

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.48)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.32); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.36 Machine Guarding. The employer shall ensure compliance with the following requirements:

(a) Machine guarding shall be provided to protect employees from hazards such as those created by point of operation, nip points, rotating parts, flying chips, and sparks;

(b) Machine guarding shall comply with the following requirements:

(1) The guard shall be such that it cannot pose an accident hazard in itself; and

(2) Point of operation guarding devices shall be so designed as to prevent the operator from having any part of the operator’s body in the danger zone during the operating cycle;

(1) Guillotine cutters;

(2) Shears;

(3) Alligator shears;

(4) Power presses;

(5) Milling machines;

(6) Power saws;

(7) Jointers; and

(8) Forming rolls and calendars;

(d) Special supplemental hand tools shall be used for placing and removing materials within the danger zone of the machine;

(e) Except as allowed by (i) below, guards shall be required within 7 feet of the floor or working platform to protect from the following machinery:

(1) Fan blades;

(2) Belts;

(3) Pulleys;

(4) Sprockets;

(5) Chains;

(6) Flywheels;

(7) Shafting;

(8) Shaft projections;

(9) Gears;

(10) Couplings; and

(11) Rotating or reciprocating parts;

(f) Flywheels protruding through a working floor shall be guarded;

(g) Where both runs of horizontal belts are 7 feet or less from the floor or working surface, the guard shall extend at least 15 inches above the belt;

(h) Safety sleeves shall be required to guard couplings with bolts, nuts, or set screws extending beyond the flange; and

(i) Belts, pulleys, and shafting located in rooms used exclusively for power transmission apparatus shall not be required to be guarded when the following requirements have been met:

(1) The basement, tower, or room occupied by transmission equipment is locked against unauthorized entrance; or

(2) The route followed by the oiler is protected in such a manner as to prevent accidents.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.49)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.33); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.37 Machinery in a Fixed Location. The employer shall ensure that machines designed for a fixed location shall be securely anchored to prevent walking or moving, or designed in such a manner that they do not move in normal operation.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.50)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.34); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.38 Mechanical Power Presses. The employer shall ensure compliance with the following requirements:

(a) The employer shall provide and ensure the usage of point-of-operation guards or properly applied and adjusted point-of-operation devices, per the manufacturer’s recommendation, to prevent entry of hands or fingers into the point-of-operation by reaching through, over, under, and around the guard on every operation performed on a mechanical power press. This requirement shall not apply when the point-of-operation opening is 1/4 inch or less;

(b) A guard shall be placed over the treadle of foot-operated presses;

(c) Pedal counterweights, if provided on foot-operated presses, shall have the path of travel of the weight enclosed; and

(d) Machines using full revolution clutches shall incorporate a single stroke mechanism except where automatically fed in continuous operation and where the points of operation are safeguarded by a fixed barrier guard.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.51)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.35); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.39 Medical Services. In addition to the requirement for a medical chest required in RSA 277:6, the employer shall ensure emergency telephone numbers for ambulance service, hospital, or physician shall be posted throughout the facility.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.21)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.36); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.40 Mechanized Equipment. The employer shall ensure compliance with the following requirements:

(a) All construction equipment in use shall be checked at the beginning of each shift to ensure that all parts, equipment, and accessories that affect safe operation are in proper operating condition and free from defects. All defects shall be corrected before the vehicle is placed in service;

(b) No employer shall use any motor vehicle, earthmoving, or compacting equipment having an obstructed view to the rear unless:

(1) The vehicle has a reverse signal alarm distinguishable from the surrounding noise level; or

(2) The vehicle is backed up only when an appointed observer signals that it is safe to do so; and

(c) Heavy machinery, equipment, or parts thereof which are suspended or held aloft shall be blocked to prevent falling or shifting before employees are permitted to work under or between them.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.53)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.37); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.41 Noise Exposure. The employer shall ensure compliance with the following requirements:

(a) Protection against the effects of occupational noise exposure shall be provided when the sound levels exceed those shown in Table 1400.6 below. Feasible engineering or administrative controls shall be utilized to keep exposure below the allowable limit;

(b) When engineering or administrative controls fail to reduce the noise level to within the levels of Table 1400.2 below, personal protective equipment shall be provided and used to reduce the noise to an acceptable level.

(d) Permissible noise exposures are designated in the following table:

Table 1400.6 Permissible Noise Exposure.

	Sound Level
	dBA Slow
Duration Per Day, Hours	Response

8	90
6	92
4	95
3	97
2	100
1-1/2	102
1	105
1/2	110
1/4 or less	115

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.54)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.38); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.42 Overheads and Gantry Hoists and Cranes. The employer shall ensure compliance with the following requirements:

(a) All functional operating mechanisms, air and hydraulic systems, chains, rope slings, hooks, and other lifting equipment shall be visually inspected before each use by the operator;

(b) Complete inspection of the crane shall be performed at least once per year;

(1) Identifying deformed, cracked, corroded, worn, or loose members or parts; and

(2) Ensuring the good working order of the following:

a. Brake system;

b. Limit indicators;

c. Power Plant; and

d. Electrical apparatus;

(d) Overhead cranes shall have stops at the limit of travel of the wheels; and

(e) The rated load of the crane shall be plainly marked on each side of the crane as follows:

(1) If the crane has more than one hoisting unit, each hoist shall have its rated load marked on it or its load block; and

(2) The marking shall be clearly legible from the ground or floor.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.55)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.39); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.43 Personal Protective Equipment. The employer shall ensure compliance with the following requirements:

(a) The employer shall assess the hazards and provide and require the use of appropriate personal protective equipment where indicated based upon that assessment;

(b) Where employees furnish their own personal protective equipment, the employer shall be responsible to assure its adequacy and to ensure that the equipment is properly maintained and in a sanitary condition;

(c) Employees working over or near water, where the danger of drowning exists, shall be provided with U.S. Coast Guard-approved life jackets or buoyant work vests; and

(d) Emergency eye wash and shower stations shall be tested periodically and testing records shall be maintained by the employer.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.56)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.40); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.44 Portable Abrasive Wheel Machinery. The employer shall ensure compliance with the following requirements:

(a) Abrasive wheels shall be used only on machines provided with safety guards;

(b) The following shall be exempt from the safety guard requirement in (a) above:

(1) Wheels used while within the work being ground; and

(2) Mounted wheels, used in portable operations, 2 inches and smaller in diameter;

(c) A safety guard shall cover the spindle end, nut, and flange projections. The safety guard shall be mounted so as to maintain proper alignment with the wheel; and

(d) Safety guards used on right angle head or vertical portable grinders shall:

(1) Have a maximum exposure angle of 180 degrees; and

(2) Meet the following minimum requirements:

a. The above guard shall be located to be between the operator and the wheel during use; and

b. Adjustment of the guard shall be such that pieces of an accidentally broken wheel shall be deflected away from the operator.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.58)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.41); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.45 Portable Pneumatic Powered Tools. The employer shall ensure compliance with the following requirements:

(a) Safety clips or retainers shall be securely installed and maintained on pneumatic impact tools to prevent attachments from being accidentally expelled; and

(b) Hose and hose connections used for delivering compressed air shall be designed for the pressure and service to which they are used.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.58)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from 1403.42); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.46 Powder-Actuated Tools. The employer shall ensure compliance with the following requirements:

(a) Only employees trained by the employer or equipment manufacturer shall be allowed to operate powder-actuated tools;

(b) All powder-actuated tools shall be tested by the employee before each use and all defects discovered before or during use shall be corrected; and

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.60)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.43); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.47 Radiation. The employer shall ensure compliance with the following requirements:

(a) Employers shall provide controls to prevent any employee from being exposed to radiation, either ionizing or electromagnetic, in excess of acceptable limits as established by He-P 4001;

(b) Each radiation area shall be conspicuously posted with visible signs and barriers; and

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.61)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.44); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.48 Railings.

(a) The employer shall ensure compliance with the following requirements:

(1) A standard railing shall consist of top rail, intermediate rail, and posts, and shall have a vertical height of 42 inches from upper surface of top rail to floor, or platform;

(2) A railing for open-sided floors, platforms, and runways shall have a toeboard which shall be a vertical barrier at floor level erected along exposed edges of a floor opening, wall opening, platform, runway, or ramp to prevent falls of materials whenever persons can pass beneath the open side, or where there is equipment with which falling materials could cause a hazard; and

(3) Railings shall be of such construction that the complete structure shall be capable of withstanding a load of at least 200 pounds in the vertical or horizontal direction.

(b) The following exceptions shall apply to Lab 1403.48(a):

(1) This section shall apply to railings except as specified in (2) below; and

(2) This section shall not apply to scaffoldings and stairway railings.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.62)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.45); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.49 Record Keeping. The employer shall ensure compliance with the following requirements:

(a) An annual log of all workplace injuries and illnesses, for which an employer’s first report of injury is submitted to the department of labor, shall be kept at the place of employment and made available to a safety inspector upon request;

(b) Employers having existing records or logs of injuries and illnesses, required by other agencies, may provide them to meet this requirement; and

(1) Date of injury;

(2) Name of employee;

(3) Occupation of employee;

(4) Description of the injury or illness;

(5) Whether lost time was involved; and

(6) The date employee returned to work.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.63)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.46); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.50 Respiratory Protection. The employer shall ensure compliance with the following requirements:

(a) Respirators shall be selected by the employer on the basis of the hazard to which the worker is exposed and shall be provided by the employer as necessary to protect the health of the workers;

(b) Employees who are expected to use respirators shall be fit tested to ensure that an adequate face-to-facepiece seal can be maintained;

(c) Both the supervisors and the workers shall be instructed, by the employer, in the selection, use, and maintenance of respirators;

(d) Respirators shall be cleaned and disinfected, and shall be inspected during cleaning. Deteriorated parts shall be replaced;

(e) Respirators for emergency use shall be inspected at least once a month and after each use; and

(f) When not in use, respirators shall be stored in a clean and sanitary location.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.64)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.47); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.51 Revolving Drums. The employer shall ensure that revolving drums, barrels, or containers shall be guarded by an interlocked enclosure that shall prevent the drum from revolving unless the guard enclosure is in place.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.65)

New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.48); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.52 Rollover Protective Structures (ROPS). The employer shall ensure that, except for side boom pipe laying tractors and compactors, rollover protective structures of substantial strength be used with the following types of materials handling equipment:

(a) All rubber-tired, self-propelled scrapers;

(b) Rubber-tired front-end loaders;

(d) Wheel-type agricultural and industrial tractors;

(e) Crawler tractors;

(f) Crawler-type loaders;

(g) Motor graders, with or without attachments, that are used in construction work; and

(h) Forklifts trucks and powered industrial trucks.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.66)

New. #8796, eff 1-11-07 (from Lab 1403.56); ss by #10809, eff 4-9-15 (from Lab 1403.49); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.53 Safety Nets. The employer shall ensure that, where nets are used, operations shall not be undertaken until the net system is installed by a person trained by the employer or equipment manufacturer and the system complies with all industry standards.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.67)

New. #8796, eff 1-11-07 (from Lab 1403.57); ss by #10809, eff 4-9-15 (from Lab 1403.50); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.54 Saws. The employer shall ensure compliance with the following requirements:

(a) Band saws shall comply with the following requirements:

(1) All portions of band saw blades shall be enclosed or guarded except for the working portion of the blade between the bottom of the guide rolls and the table; and

(2) Band saw wheels shall be fully enclosed according to the following requirements:

a. The outside periphery of the enclosure shall be solid; and

b. The front and back shall be either, solid wire mesh or perforated metal;

(b) Portable circular saws, except those used for meat cutting purposes in the meat industry, shall comply with the following requirements:

(1) All portable power-driven circular saws having a blade diameter greater than 2 inches shall be equipped with guards above and below the base plate or shoe; and

(2) The lower guards shall cover the saw to the depth of the teeth, except for the minimum area required to permit the base plate to be tilted for bevel cuts, and shall automatically return to the covering position when the blade is withdrawn from the work;

(1) Radial saws shall have an upper guard which completely encloses the upper half of the saw blade;

(2) The sides of the lower exposed portion of the blade shall be guarded by a device that shall automatically adjust to the thickness of the material and remain in contact with the material being cut;

(3) Radial saws used for ripping shall be equipped with a device which will prevent material from kicking back toward the operator and shall be properly adjusted;

(4) An adjustable stop shall be provided to prevent the forward travel of the blade beyond the table, or the position necessary to complete the cut in repetitive operations; and

(5) Radial saws shall be installed so that the cutting head shall return to the starting position when released by the operator;

(d) Swing or sliding cut-off saws shall comply with the following requirements:

(1) All swing or sliding cut-off saws shall be provided with a hood that shall completely enclose the upper half of the saw;

(2) Limit stops shall be provided to prevent swing or sliding type cut-off saws from extending beyond the front or back edges of the table;

(3) Each swing or sliding cut-off saw shall be provided with an effective device to return the saw automatically to the back of the table when released at any point of its travel; and

(4) Inverted cut-off saws shall be provided with a hood that shall cover the part of the saw that protrudes above the top of the table or material being cut; and

(e) Table saws shall comply with the following requirements:

(1) Circular table saws shall have a hood over the portion of the saw above the table, with the hood mounted so that it shall automatically adjust itself to the thickness of and remain in contact with the material being cut;

(2) Circular table saws shall have a spreader aligned with the blade spaced no more than 1/2 inch behind the largest blade mounted in the saw. The provision of a spreader in connection with grooving, dadoing, or rabbeting shall not be required;

(3) Circular table saws used for ripping shall be equipped with a device which will prevent material from kicking back toward the operator and shall be properly adjusted; and

(4) Feed rolls and blades of self-feed circular saws shall be protected by a hood or guard to prevent the hand of the operator from coming in contact with the in-running rolls at any point.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.58)

New. #8796, eff 1-11-07 (from Lab 1403.58); ss by #10809, eff 4-9-15 (from Lab 1403.51); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.55 Scaffolds. The employer shall ensure compliance with the following requirements:

(a) Scaffolds shall be erected on sound, rigid footing capable of carrying the maximum intended load without settling or displacement;

(b) All planking shall be stress-graded lumber to assure the quality of the lumber;

Table 1400.7 – Planking Material Thickness

	Full Thickness Undressed Lumber			Nominal Thickness Lumber
Working load (p.s.f.)	25	50	75	25	50
Permissible Span (ft.)	10	8	6	8	6

(d) The maximum permissible span for 1-1/4 x 9 inch or wider plank of full thickness shall be 4 feet, with medium loading of 50 p.s.f.;

(e) Scaffold planking shall be overlapped a minimum of 12 inches or secured from movement;

(f) Scaffold planks shall extend over their end supports not less than 6 inches nor more than 12 inches;

(g) Defective parts of all scaffolding and accessories shall immediately be replaced or repaired;

(h) An access ladder or equivalent safe access shall be provided;

(i) Mobile platforms shall be tightly planked for the full width of the scaffold except for necessary entrance opening, and platforms shall be secured in place;

(j) All employees working on suspension scaffolds shall be protected by a safety life belt attached to a lifeline which shall comply with the following requirements:

(1) The lifeline shall be securely attached to substantial members of the structure, not the scaffold, or to securely rigged lines, which shall safely suspend the employee in case of a fall; and

(2) In order to keep the lifeline continuously attached, with a minimum of slack, to a fixed structure, the attachment point of the lifeline shall be changed as the work progresses; and

(k) Tubular welded frame scaffolds shall be properly braced by cross bracing or diagonal braces, or both, for securing vertical members together laterally, as follows:

(1) The cross braces shall be of such length as shall automatically square and align vertical members so that the erected scaffold is always plumb, square, and rigid; and

(2) All brace connections shall be made secure.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.69)

New. #8796, eff 1-11-07 (from Lab 1403.59); ss by #10809, eff 4-9-15 (from Lab 1403.52); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.56 Spray Finishing Operations. The employer shall have compliance with the following requirements:

(a) In conventional dry type spray booths, over-spray dry filters or filter rolls shall have an average air velocity over the face of the booth of not less than 100 linear feet per minute;

(b) Electrostatic spraying operations shall be conducted with an air velocity of not less than 60 linear feet per minute, or more, depending on the volume of the finishing material being applied and its flammability and explosion characteristics;

(c) Visible gauges or an audible alarm or pressure-activated devices shall be installed to indicate or ensure that the required air velocity is maintained;

(d) Filter pads shall be inspected, and clogged filter pads discarded, and replaced. Filter rolls shall be inspected to ensure proper replacement of filter media;

(e) Spray booths shall be so installed that all portions are readily accessible for cleaning;

(f) A clear space of not less than 3 feet on all sides of a spray booth shall be kept free from storage or combustible construction;

(g) There shall be no open flame or spark producing equipment in any spraying area nor within 20 feet thereof, unless separated by a partition capable of stopping vapor travel;

(h) Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area shall be of explosion proof type;

(i) The quantity of flammable or combustible liquids kept in the vicinity of spraying operations shall be the minimum required for operations and shall not exceed a supply for one day or one shift;

(j) Whenever flammable or combustible liquids are transferred from one container to another, both containers shall be bonded and grounded to prevent discharge sparks of static electricity;

(k) All spraying areas shall be kept as free from the accumulation of deposits of combustible residues as practical, with cleaning conducted daily if necessary. Scrapers, spuds, or other such tools used for cleaning purposes shall be of nonspark material;

(l) Residue scrapings and debris contaminated with residue shall be immediately removed from the premises; and

(m) “No Smoking” signs in large letters on contrasting color background shall be conspicuously posted at all spraying areas and paint storage rooms.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.70)

New. #8796, eff 1-11-07 (from Lab 1403.60); ss by #10809, eff 4-9-15 (from Lab 1403.53); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.57 Stairs. The employer shall ensure compliance with the following requirements:

(a) Every flight of stairs having 4 or more risers shall be equipped with standard stair railings or standard handrails as specified below:

(1) On stairways less than 44 inches wide having one side open, at least one stair railing on the open side;

(2) On stairways less than 44 inches wide having both sides open, one stair railing on each side; and

(3) On stairways more than 44 inches wide but less that 88 inches wide, one handrail on each enclosed side and one stair railing on each open side;

(b) A stair railing shall be not more than 34 inches nor less than 30 inches from the upper surface of the top rail to the surface of tread in line with the face of riser at the forward edge of tread;

(d) Hollow pan-type metal stairs shall be filled to the level of the nosing with solid material;

(e) Fixed stairs shall be provided for access from one structure level to another where operations necessitate regular travel between levels and for access to operating platforms at any equipment which requires attentions routinely during operations. Fixed stairs shall also be provided where access to a raised structure or floor is traveled daily or at each shift where such work might expose employees to harmful substances, or for which purposes that carrying of tools or equipment by hand is normally required; and

(f) Spiral stairways shall be prohibited except for special limited usage and secondary access situations where it is not practical to provide a conventional stairway.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.71)

New. #8796, eff 1-11-07); ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.58 Storage. The employer shall ensure compliance with the following requirements:

(a) All stored materials stacked in tiers shall be stacked, blocked, interlocked, and limited in height so that they are secure against sliding or collapse;

(b) Storage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control shall be exercised when necessary; and

(c) Where mechanical handling equipment is used, aisles that are not clearly defined shall be marked with reflective paint or tape, sufficient safe clearance shall be allowed for aisles, at loading docks, through doorways, and whenever turns or passage is made.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.73)

New. #8796, eff 1-11-07 (from Lab 1403.61); ss by #10809, eff 4-9-15 (from Lab 1403.54); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.59 Tanks with Open Surface. The employer shall ensure compliance with the following requirements:

(a) Where ventilation is used to control potential exposure to employees, it shall reduce the concentration of the air contaminant to the degree that a hazard to employees does not exist;

(b) Whenever there is a danger of toxic substances being splashed, the employees shall wear either tight-fitting chemical goggles or an effective face shield;

(c) Near each tank containing liquid which might be harmful to the skin if splashed upon the worker’s body, there shall be a supply of clean cold water. The water pipe shall be provided with a quick opening valve and at least 48 inches of hose not smaller than ¾ inch. At no time shall water pressure for eyewashes exceed 25 p.s.i. Alternatively, deluge showers and eye flushes shall be provided; and

(d) All employees working in and around open-surface tank operations shall be trained by the employer as to the hazards of their respective jobs, and in the personal protection and first aid procedures applicable to these hazards.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.74)

New. #8796, eff 1-11-07 (from Lab 1403.62); ss by #10809, eff 4-9-15 (from Lab 1403.55); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.60 Tire Cages. The employer shall ensure that a safety tire rack, cage, or equivalent protection shall be provided and used when inflating, mounting, or dismounting tires installed on split rims, or rims equipped with locking rings or similar devices.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.75)

New. #8796, eff 1-11-07 (from Lab 1403.63); ss by #10809, eff 4-9-15 (from Lab 1403.56); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.61 Toxic Substance.

(a) The employer shall remove hazards from the workplace, and establish policies and work practices aimed at maintaining a safe work environment to protect workers from exposure to hazardous and toxic substances such as radioactive substances or other hazardous substances which are defined as a toxic substance under RSA 277-A:3, V.

(b) When engineering and administrative controls are not feasible to achieve acceptable levels, protective equipment shall be used to keep the exposure of employees below the established limits.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.77)

New. #8796, eff 1-11-07 (from Lab 1403.64); ss by #10809, eff 4-9-15 (from Lab 1403.57); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.62 Traffic Control.

(a) The employer shall ensure that an effective means for control of pedestrian and vehicular traffic be instituted on every job site where necessary.

(b) Under the authority of RSA 277:16 and in reference to traffic control devices on job sites, the employer shall ensure compliance with Part 6 of the 2009 Edition with revisions 1 and 2 dated May 2012 of the Federal Highway Administration Manual on Uniform Traffic Control Devices MUTCD approved under 23 CFR PART 630, Subpart F, 630.1106 (c), effective January 15, 2010, as specified in Appendix B.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.78)

New. #8796, eff 1-11-07 (from Lab 1403.65); ss by #10809, eff 4-9-15 (from Lab 1403.58); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.63 Trash. The employer shall ensure that all sweepings, solid or liquid wastes, refuse, and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary to maintain good sanitary conditions.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.79)

New. #8796, eff 1-11-07 (formerly Lab 1403.66); ss by #10809, eff 4-9-15 (from Lab 1403.59); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.64 Tree Care Operations. The employer shall ensure compliance with the following requirements:

(a) Head protection shall be worn by workers engaged in tree operations. The head protection worn shall contain the manufacturer’s certification that it complies with ANSI Z89.1-1981 as amended. When working in proximity to electrical lines, the head protection worn shall contain the manufacturer’s certification that it is a Class B hard hat which complies with ANSI Z89.1-1981 as amended;

(b) Safety belts, tree-trimming saddle belts, or a saddle formed by a double bowline on a bight shall be worn to protect workers above ground level;

(c) Saddle belts or safety belts used for climbing operations shall have forged support rings. Snaps used in climbing ropes or in safety straps, for attachment to the forged support ring, shall be of self-closing safety type. Forged support rings shall be designed so that the snaps will not become disengaged, or roll off accidentally;

(d) Climbing ropes shall be used when working aloft in trees. Manila ropes shall have minimum diameter of 1/2 inch and shall be 3 or 4 strand first-grade manila, with a rated breaking strength of 2385 pounds or equivalent strength and durability. Synthetic rope shall have a maximum elasticity of not more than 7 percent;

(e) Climbing ropes shall not be used to lower limbs or other parts of trees, or to raise or lower equipment;

(f) The employer shall provide, and the employee shall use, chaps specifically designed to foul a moving chain whenever chain saws are used;

(g) All employees shall be instructed in the hazards associated with working in close proximity to overhead power lines;

(h) A competent person, as defined in Lab 1402.09, shall determine whether tree care operations can be safely performed near energized power lines;

(i) Rescue procedures for employees working above ground shall be established by the employer, and the employees trained accordingly;

(j) Brush chipper access panels for maintenance and adjustment shall be closed and secured prior to operation of brush chippers;

(k) Each rotary drum tree or brush chipper or disk-type tree or brush chipper not equipped with a mechanical in-feed system shall be equipped with an in-feed hopper not less than 85 inches 2.15 m, measured from the blades or knives to ground level over the centerline of the hopper, and shall have sufficient height on its side members so as to prevent personnel from contacting the blades or knives of the machine during normal operations;

(l) Each disk-type tree or brush chipper equipped with a mechanical in-feed system shall have a quick stop and reversing device on the in-feed. The activating lever for the quick stop and reversing device shall be located across the top, along each side of, and as close to the feed end of the in-feed hopper as practicable and within easy reach of the operator;

(m) Equipment on which workers stand and spray while the vehicle is in motion shall be equipped with guardrails around the working area;

(n) When using portable powered brush cutting saws no one except the operator shall be within 10 feet of the cutting head of the brush saw;

(o) The power unit shall be equipped with a quick shutoff switch readily accessible to the operator;

(p) When chainsaws are operated, the manufacturer’s operating and safety instructions shall be followed;

(q) Chain saws used by employees shall be equipped with a properly adjusted inertia chain brake designed to stop the chain rotation in the event of a saw kickback;

(r) Chain saws weighing more than 15 pounds that are used in trees shall be supported by a separate line, except when used from an aerial-lift device;

(s) The engine shall be stopped when power saws are being carried. The saw shall not need to be stopped between cuts during consecutive felling, bucking, or climbing or cutting operations on level ground. The chain shall not be turning and the operator’s hand shall be off the throttle lever while operators move between work locations. One-man saws shall be carried by the worker on their side with the guide bar of the saw pointed to the rear. A two-man saw shall be carried by 2 workers; and

(t) The engine shall be stopped for all cleaning, refueling, adjustments, and repairs to the saw or motor where practical, except where manufacturer’s procedures require otherwise.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.80)

New. #8796, eff 1-11-07 (formerly Lab 1403.67); ss by #10809, eff 4-9-15 (from Lab 1403.60); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.65 Wall Openings. The employer shall ensure that wall openings, from which there is a drop of more than 6 feet and the bottom of the opening is less than 3 feet above the working surface, be guarded.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.81)

New. #8796, eff 1-11-07 (formerly Lab 1403.68); ss by #10809, eff 4-9-15 (from Lab 1403.61); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.66 Washing Facilities. The employer shall ensure compliance with the following requirements:

(a) Washing facilities shall be maintained in a sanitary condition and be provided in every place of employment except for mobile crews or normally unattended work locations where employees have ready access to nearby sanitary facilities; and

(b) A cleaning agent and either individual hand towels, sections of cloth or paper, warm air blowers, or clean individual sections of continuous cloth toweling shall be provided at washing facilities.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92

New. #6684, eff 2-4-98, EXPIRED: 2-4-06

New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.82)

New. #8796, eff 1-11-07 (formerly Lab 1403.69); ss by #10809, eff 4-9-15 (from Lab 1403.62); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.67 Welding and Cutting. The employer shall ensure compliance with the following requirements:

(a) Welding equipment shall be chosen for safe application to the work and shall be installed properly. Employees designated to operate welding equipment shall be properly instructed and qualified by the employer or equipment manufacturer to operate it;

(b) Mechanical ventilation shall be provided when welding or cutting in an area with less than 10,000 cubic feet per welder, or where the overhead height is less than 16 feet;

(d) When welding in a fixed location the welder shall be enclosed with a booth, or non-combustible screening, with a finish of low reflectivity with respect to visible and ultraviolet radiation;

(e) Proper precautions for fire protection such as isolating welding and cutting, removing fire hazards from vicinity, and providing a fire watch shall be taken in areas where welding or cutting is being done;

(f) When welding operations requiring fluxes, coverings, coatings, or alloys, or involving fluorine compounds, zinc, lead, beryllium, cadmium, or mercury produce specific health hazards, a competent person shall evaluate potential exposure and ensure necessary protective measures, such as ventilation and personal protective equipment, are used;

(g) Welding and cutting operations shall be shielded by noncombustible or flameproof shields to protect employees from direct arc rays;

(h) Arc welding and cutting operations shall be shielded by non-combustible or flameproof shields to protect employees from direct arc rays;

(i) When electrode holders are left unattended, the electrodes shall be removed and the holder shall be placed or protected so that they cannot make electrical contact with employees or conducting objects;

(j) All arc welding and cutting cables shall be completely insulated and be capable of handling the maximum current requirements for the job. There shall be no repairs or splices within 10 feet of the electrode holder, except where splices are insulated equal to the insulation of the cable. Defective cable shall be repaired or replaced;

(k) Fuel gas and oxygen hose shall be easily distinguishable and shall not be interchangeable. Hoses shall be inspected at the beginning of each shift and shall be repaired or replaced if defective; and

(l) Oxygen and fuel gas regulators shall be in proper working order when in use.

Source. #10809, eff 4-9-15 (from Lab 1403.63); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.68 Welding in Confined Spaces. The employer shall ensure compliance with the following requirements:

(a) In addition to the requirements in Lab 1403.14, all welding and cutting operations carried on in confined spaces shall be ventilated to prevent the accumulation of toxic substances or possible oxygen deficiency;

(b) In such operations where it is impossible to provide such ventilation, air supplied respirators or hose masks, which are labeled to indicate they are approved by Mine Safety and Health Administration (MSHA) for this purpose, shall be used;

(c) In areas immediately hazardous to life, hose masks with blowers, or self-contained breathing equipment shall be used. The breathing equipment shall be labeled to indicate it is approved by MSHA;

(d) Where welding operations are carried on in confined spaces and where welders and helpers are provided with hose masks, hose masks with blowers, or self-contained breathing equipment, a worker shall be stationed on the outside of such confined spaces to ensure the safety of those working within; and

(e) Oxygen shall never be used for ventilation.

Source. #10809, eff 4-9-15 (from Lab 1403.64); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.69 Wire Ropes, Chains, and Rigging Equipment. The employer shall ensure compliance with the following requirements

(a) Each day before being used, all rigging equipment and attachments shall be inspected for damage or defects by a competent person designated by the employer. Additional inspections shall be performed during use, where service conditions warrant. Damaged or defective equipment shall be immediately removed from service;

(b) Employers shall ensure that all rigging equipment used in a rigging system:

(1) Have permanently affixed and legible manufacturer identification markings that indicate the recommended safe working load; and

(2) Not be loaded for more than its recommended safe working load;

(c) Special custom design grabs, hooks, clamps, or other lifting accessories shall be marked to indicate the safe working loads and shall be proof tested prior to use to 125 percent of their rated load. The employer shall retain a certificate of the proof test and make it available for examination;

(d) In addition to the inspection requirements in (a) above, a thorough periodic inspection of alloy steel chains used in rigging equipment or sling systems shall be made at least every 12 months as follows:

(1) The alloy steel chain inspection shall determine:

a. Frequency of chain use;

b. Severity of service conditions;

c. Nature of lifts being made; and

d. Experience gained on the service life of chains used in similar circumstances;

(2) The employer shall make and maintain a record of the most recent month in which each alloy steel chain was thoroughly inspected and shall make such record available for examination;

(3) Job or shop hooks and links, makeshift fasteners, or other such attachments, shall not be used with alloy steel chains; and

(4) Whenever wear at any point of any chain link exceeds that shown in Table 1400.8, the assembly shall be removed from service;

(e) The following limitations shall apply to the use of wire rope:

(1) An eye splice made in any wire rope shall have not less than 3 full tucks. However, this requirement shall not operate to preclude the use of another form of splice or connection which can be shown to be as effective;

(2) Except for eye splices in the ends of wires and for endless rope slings, each wire rope used in rigging equipment shall consist of one continuous piece without knot or splice;

(3) Eyes in wire rope bridles, slings, or bull wires shall not be formed by wire rope clips or knots;

(4) Wire rope shall not be used if, in any length of 8 diameters, the total number of visible broken wires exceeds 10 percent of the total number of wires, or if the rope shows other signs of excessive wear, corrosion, or defect;

(5) When U-bolt wire rope clips are used to form eyes, Table 1400.9 shall be used to determine the number and spacing of clips. When used for eye splices, the U-bolt shall be applied so that the “U” section is in contact with the dead end of the rope;

(6) Slings shall not be shortened with knots or bolts or other makeshift devices;

(7) Sling legs shall not be kinked;

(8) Slings used in a basket hitch shall have the loads balanced to prevent slippage;

(9) Slings shall be padded or protected from the sharp edges of their loads;

(10) Body parts shall not be placed between the sling and its load while the sling is being tightened around the load;

(11) Shock loading is prohibited;

(12) A sling shall not be pulled from under a load when the load is resting on the sling;

(13) Slings shall have a minimum length as follows:

a. Cable laid and 6 × 19 and 6 × 37 slings shall have a minimum clear length of wire rope 10 times the component rope diameter between splices, sleeves, or end fittings;

b. Braided slings shall have a minimum clear length of wire rope 40 times the component rope diameter between the loops or end fittings; and

c. Cable laid grommets, strand laid grommets, and endless slings shall have a minimum circumferential length of 96 times their body diameter;

(14) Fiber core wire rope slings of all grades shall be permanently removed from service if they are exposed to temperatures above 200 °F. When non-fiber core wire rope slings of any grade are used at temperatures above 400 °F or below minus 60 °F, recommendations of the sling manufacturer regarding use at that temperature shall be followed;

(15) Welding of end attachments, except covers to thimbles, shall be performed prior to the assembly of the sling;

(16) All welded end attachments shall not be used unless proof tested by the manufacturer or equivalent entity at twice their rated capacity prior to initial use. The employer shall retain a certificate of the proof test and make it available for examination; and

(17) Wire rope slings shall have permanently affixed, legible identification markings stating size, rated capacity for the type(s) of hitch(es) used and the angle upon which it is based, and the number of legs if more than one;

(f) Employers shall utilize natural and synthetic fiber rope as follows:

(1) All splices in natural rope and synthetic fiber slings provided by the employer shall be made in accordance with fiber rope manufacturer’s recommendations and the following requirements:

a. In manila rope, eye splices shall contain at least 3 full tucks, and short splices shall contain at least 6 full tucks with three on each side of the centerline of the splice;

b. In synthetic fiber rope, eye splices shall contain at least 4 full tucks, and short splices shall contain at least 8 full tucks with four on each side of the centerline of the splice;

c. Strand end tails shall not be trimmed short, flush with the surface of the rope, immediately adjacent to the full tucks. This requirement shall apply to both eye and short splices and all types of fiber rope. For fiber ropes under 1 inch in diameter, the tails shall project at least 6 rope diameters beyond the last full tuck. For fiber ropes of one inch diameter and larger, the tails shall project at least 6 inches beyond the last full tuck. In applications where the projecting tails might be objectionable, the tails shall be tapered and spliced into the body of the rope using at least 2 additional tucks which will require a tail length of approximately 6 rope diameters beyond the last full tuck;

d. For all eye splices, the eye shall be sufficiently large to provide an included angle of not greater than 60° at the splice when the eye is placed over the load or support;

e. Knots shall not be used in lieu of splices;

f. Fiber rope slings shall have a minimum clear length of rope between eye splices equal to 10 times the rope diameter; and

g. Clamps not designed specifically for fiber ropes shall not be used for splicing;

(2) Natural and synthetic fiber rope slings, except for wet frozen slings, may be used in a temperature range from minus 20 °F to plus 180 °F without decreasing the working load limit. For operations outside this temperature range and for wet frozen slings, the sling manufacturer's recommendations shall be followed;

(3) Natural or synthetic fiber rope slings shall not be used if end attachments in contact with the rope have sharp edges or projections;

(4) Natural or synthetic fiber rope slings shall be immediately removed from service if any of the following conditions are present:

a. Abnormal wear;

b. Powdered fiber between strands;

c. Broken or cut fibers;

d. Variations in the size or roundness of strands;

e. Discoloration or rotting; or

f. Distortion of hardware in the sling;

(g) Employers shall utilize synthetic webbing in accordance with the following:

(1) The employer shall have each synthetic web sling marked or coded to show:

a. Name or trademark of manufacturer;

b. Rated capacities for the type of hitch; and

c. Type of material;

(2) Synthetic webbing shall be of uniform thickness and width and selvage edges shall not be split from the webbing’s width;

(3) Fittings shall be:

a. Of a minimum breaking strength equal to that of the sling; and

b. Free of all sharp edges that could in any way damage the webbing;

(4) Stitching shall be the only method used to attach end fittings to webbing and to form eyes. The thread shall be in an even pattern and contain enough stitches to develop the full breaking strength of the sling;

(5) When synthetic web slings are used, the following precautions shall be taken:

a. Nylon web slings shall not be used where acidic or phenolic fumes, vapors, sprays, mists, or liquids are present;

b. Polyester and polypropylene web slings shall not be used where caustic fumes, vapors, sprays, mists, or liquids are present; and

c. Web slings with aluminum fittings shall not be used where caustic fumes, vapors, sprays, mists, or liquids are present;

(6) Synthetic web slings of polyester and nylon shall not be used at temperatures above 180 °F. Polypropylene web slings shall not be used at temperatures above 200 °F;

(7) Synthetic web slings shall be immediately removed from service if any of the following conditions are present:

a. Acidic or caustic burns;

b. Melting or charring of any part of the sling surface;

c. Snags, punctures, tears, or cuts;

d. Broken or worn stitches; or

e. Distortion of fittings;

(h) For shackles and hooks, the manufacturer's recommendations shall be followed in determining the safe working loads of the various sizes and types of specific and identifiable shackles or hooks. All shackles or hooks for which no applicable manufacturer's recommendations are available shall be tested to twice the intended safe working load before they are initially put into use. The employer shall maintain a record of the dates and results of such tests;

(i) Employers shall use Table 1400.8 to determine maximum allowable wear; and

Table 1400.8 – Maximum Allowable Wear.

Chain size, (inches)	Maximum allowable wear (inch)
1/4"	3/64"
3/8"	5/64"
1/2"	7/64"
5/8"	9/64"
3/4"	5/32"
7/8"	11/64"
1"	3/16"
1 - 1/8"	7/32"
1 - 1/4"	1/4"
1 - 3/8"	9/32"
1 - 1/2"	5/16"
1 - 3/4"	11/32"

(j) Employers shall use Table 1400.9 to determine number and spacing of U-Bolt wire rope clips:

Table 1400. 9 – Number and Spacing of U-Bolt Wire Rope Clips.

	Number of Clips
Improved Plow Steel, Rope Diameter (inches)	Drop Forged	Other Material	Minimum Spacing (inches)
1/2"	3	4	3"
5/8"	3	4	3 - 3/4"
4-Mar	4	5	4 - 1/2"
7/8"	4	5	5 - 1/4"
1	5	6	6"
1 - 1/8"	6	6	6 - 3/4"
1 - 1/4"	6	7	7 - 1/2"
1 - 3/8"	7	7	8 - 1/4"
1 - 1/2"	7	8	9"

Source. #10809, eff 4-9-15 (from Lab 1403.65); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Lab 1403.70 Woodworking Machinery. The employer shall ensure compliance with the following requirements:

(a) All woodworking machinery such as table saws, swing saws, radial saws, band saws, jointers, tenoning machines, boring and mortising machines, shapers, planers, lathes sanders, and veneer cutters, shall be effectively guarded to protect the operator and other employees from hazards inherent to their operation;

(b) A power control device shall be provided on each machine to make it possible for the operator to cut off the power to the machine without leaving their position at the point of operation;

(c) Power controls and operating controls shall be located within easy reach of the operator while the operator is at their regular work location, making it unnecessary to reach over the cutter to make adjustments. This shall not apply to constant pressure controls used only for setup purposes;

(d) Each operating treadle shall be protected against unexpected or accidental tripping;

(e) Disconnect switches shall be capable of being locked or tagged in the off position; and

(f) On applications where injury to the operator might result if motors were to restart after a power failure, provision shall be made to prevent machines from automatically restarting upon restoration of power.

Source. #10809, eff 4-9-15 (from Lab 1403.66); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

APPENDIX A

Rule	Statute
Lab 1401.01 and Lab 1401.02	RSA 281-A:64; RSA 273:9; RSA 277:13; RSA 277:15
Lab 1402.01 – Lab 1402.08	RSA 281-A:64
Lab 1402.09	RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1402.10	RSA 281-A:64
Lab 1402.11 – Lab 1402.16	RSA 281-A:64
Lab 1402.17	RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1402.18	RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1402.19 – Lab 1402.24	RSA 281-A:64
Lab 1402.25	RSA 281-A:64; RSA 277:1-b, V
Lab 1402.26 – Lab 1402.45	RSA 281-A:64
Lab 1403.01 – Lab 1403.03	RSA 281-A:64
Lab 1403.04	RSA 281-A:64; RSA 277:15-a; RSA 277:15-b
Lab 1403.05 – Lab 1403.29	RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1403.30	RSA 281-A:64; RSA 273:9; RSA 277:10; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1403.31 – Lab 1403.54	RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1403.55	RSA 281-A:64; RSA 273:9; RSA 277: 2; RSA 277:3; RSA 277: 4; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1403.56 – Lab 1403.65	RSA 281-A:64; RSA 273:9; RSA 277:10; RSA277:11; RSA 277:13; RSA 277:15
Lab 1403.66	RSA 281-A:64; RSA 273:9; RSA 277:10; RSA 277:11; RSA 277:13; RSA 277:15
Lab 1403.67 – Lab 1403.70	RSA 281-A:64; RSA 273:9; RSA 277:10; RSA 277:11; RSA 277:13; RSA 277:15

APPENDIX B

Rule	Title	Obtain at:

Lab 1403.62(b)	Part 6 of the 2009 Edition of the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) with Revisions 1 and 2, May 2012 approved under Rules 23CFR PART 630, Subpart F, 630.1106 (c), effective January 15, 2010	The material can be obtained at no cost on the US Department of Transportation Federal Highway Administration’s web site: http://mutcd.fhwa.dot.gov/pdfs/2009/part6.pdf and Links to hard copy publications can be found on their web site at http://mutcd.fhwa.dot.gov/ser-pubs.htm. Costs for hard a copy of publication: AASHTO Bookstore - $60.00 for non-members; American Traffic Safety Services Assoc. - $29.70 for non-members ($22.50 for Flash Drive); Institute of Transportation Engineers - $50.00; IMSA $100.00