[Code of Federal Regulations]
[Title 27, Volume 7]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1917.23]

[Page 194-195]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1917--MARINE TERMINALS--Table of Contents
 
                  Subpart B--Marine Terminal Operations
 
Sec. 1917.23  Hazardous atmospheres and substances (see also Sec. 1917.2 Hazardous cargo, material, substance or atmosphere).

    (a) Purpose and scope. This section covers areas in which the 
employer is aware that a hazardous atmosphere or substance may exist, 
except where one or more of the following sections apply: Sec. 1917.22 
Hazardous cargo; Sec. 1917.24 Carbon monoxide; Sec. 1917.25 Fumigants, 
pesticides, insecticides and hazardous preservatives; Sec. 1917.73 
Terminal facilities handling menhaden and similar species of fish; 
Sec. 1917.152 Welding, cutting, and heating (hot work); and 
Sec. 1917.153 Spray painting.
    (b) Determination of hazard. (1) When the employer is aware that a 
room, building, vehicle, railcar, or other space contains or has 
contained a hazardous atmosphere, a designated and appropriately 
equipped person shall test the atmosphere before employee entry to 
determine whether a hazardous atmosphere exists.
    (2) Records of results of any tests required by this section shall 
be maintained for at least thirty (30) days.
    (c) Testing during ventilation. When mechanical ventilation is used 
to maintain a safe atmosphere, tests shall be made by a designated 
person to ensure that the atmosphere is not hazardous.
    (d) Entry into hazardous atmospheres. Only designated persons shall 
enter hazardous atmospheres, in which case the following shall apply:
    (1) Persons entering a space containing a hazardous atmosphere shall 
be protected by respiratory and emergency protective equipment meeting 
the requirements of subpart E of this part;

[[Page 195]]

    (2) Persons entering a space containing a hazardous atmosphere shall 
be instructed in the nature of the hazard, precautions to be taken, and 
the use of protective and emergency equipment. Standby observers, 
similarly equipped and instructed, shall continuously monitor the 
activity of employees within such space;
    (3) Except for emergency or rescue operations, employees shall not 
enter into any atmosphere which has been identified as flammable or 
oxygen deficient (less than 19.5% oxygen). Persons who may be required 
to enter flammable or oxygen deficient atmospheres in emergency 
operations shall be instructed in the dangers attendant to those 
atmospheres and instructed in the use of self-contained breathing 
apparatus, which shall be utilized.
    (4) To prevent inadvertent employee entry into spaces that have been 
identified as having hazardous, flammable or oxygen deficient 
atmospheres, appropriate warning signs or equivalent means shall be 
posted at all means of access to those spaces.
    (e) When the packaging of asbestos cargo leaks, spillage shall be 
cleaned up by designated employees protected from the harmful effects of 
asbestos as required by Sec. 1910.1001 of this chapter.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997; 65 FR 40938, June 
30, 2000]