[Code of Federal Regulations] [Title 41, Volume 1] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR50-204.1] [Page 23-25] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT CHAPTER 50--PUBLIC CONTRACTS, DEPARTMENT OF LABOR PART 50 204_SAFETY AND HEALTH STANDARDS FOR FEDERAL SUPPLY CONTRACTS --Table of Contents Subpart A_Scope and Application Sec. 50-204.1 Scope and application. Subpart A_Scope and Application Sec. 50-204.1 Scope and application. 50-204.1a Variances. Subpart B_General Safety and Health Standards 50-204.2 General safety and health standards. 50-204.3 Material handling and storage. 50-204.4 Tools and equipment. 50-204.5 Machine guarding. [[Page 24]] 50-204.6 Medical services and first aid. 50-204.7 Personal protective equipment. 50-204.8 Use of compressed air. 50-204.10 Occupational noise exposure. Subpart C_Radiation Standards 50-204.20 Radiation--definitions. 50-204.21 Exposure of individuals to radiation in restricted areas. 50-204.22 Exposure to airborne radioactive material. 50-204.23 Precautionary procedures and personnel monitoring. 50-204.24 Caution signs, labels and signals. 50-204.25 Exceptions from posting requirements. 50-204.26 Exemptions for radioactive materials packaged for shipment. 50-204.27 Instruction of personnel posting. 50-204.28 Storage of radioactive materials. 50-204.29 Waste disposal. 50-204.30 Notification of incidents. 50-204.31 Reports of overexposure and excessive levels and concentrations. 50-204.32 Records. 50-204.33 Disclosure to former employee of individual employee's record. 50-204.34 AEC licensees--AEC contractors operating AEC plants and facilities--AEC agreement State licensees or registrants. 50-204.35 Application for variations from radiation levels. 50-204.36 Radiation standards for mining. Subpart D_Gases, Vapors, Fumes, Dusts, and Mists 50-204.50 Gases, vapors, fumes, dusts, and mists. 50-204.65 Inspection of compressed gas cylinders. 50-204.66 Acetylene. 50-204.67 Oxygen. 50-204.68 Hydrogen. 50-204.69 Nitrous oxide. 50-204.70 Compressed gases. 50-204.71 Safety relief devices for compressed gas containers. 50-204.72 Safe practices for welding and cutting on containers which have held combustibles. Subpart E_Transportation Safety 50-204.75 Transportation safety. Authority: Secs. 1, 4, 49 Stat. 2036, 2038, as amended; 41 U.S.C. 35, 38; 5 U.S.C. 556. Source: 34 FR 7946, May 20, 1969, unless otherwise noted. (a) The Walsh-Healey Public Contracts Act requires that contracts entered into by any agency of the United States for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000 must contain, among other provisions, a stipulation that ``no part of such contract will be performed nor will any of the materials, supplies, articles, or equipment to be manufactured or furnished under said contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of said contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part thereof is to be performed shall be prima-facie evidence of compliance with this subsection.'' (sec. 1(e)), 49 Stat. 2036, 41 U.S.C. 35(e)). This part 50-204 expresses the Secretary of Labor's interpretation and application of this provision with regard to certain particular working conditions. In addition, Sec. Sec. 50-204.27, 50-204.30, 50-204.31, 50-204.32, 50-204.33, and 50-204.36 contain requirements concerning the instruction of personnel, notification of incidents, reports of exposures, and maintenance and disclosure of records. (b)(1) Every investigator conducting investigations and every officer of the Department of Labor determining whether there are or have been violations of the safety and health requirements of the Walsh- Healey Public Contracts Act and of any contract subject thereto; and whether a settlement of the resulting issues should be made without resort to administrative or court litigation, shall treat a failure to comply with, or violation of, any of the safety and health measures contained in this part 50-204 as resulting in working conditions which are ``unsanitary or hazardous or dangerous to the health and safety of employees'' within the meaning of section 1(e) of the Act and the contract stipulation it requires. [[Page 25]] Evidence of compliance with the safety, sanitary, and factory inspection laws of a State in which the work, or part thereof, is performed will be considered prima facie evidence of compliance with the safety and health requirements of the Act and of any contract subject thereto, and it shall be sufficient unless rebutted or overcome by a preponderance of evidence of a failure to comply with any applicable safety and health rules contained in this part. (2) Every investigator shall have technical competence in safety, industrial hygiene, or both as may be appropriate, in the matters under investigation. (c) [Reserved] (d) The standards expressed in this part 50-204 are for application to ordinary employment situations; compliance with them shall not relieve anyone from the obligation to provide protection for the health and safety of his employees in unusual employment situations. Neither do such standards purport to describe all of the working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees. Where such other working conditions may be found to be unsanitary or hazardous or dangerous to the health and safety of employees, professionally accepted safety and health practices will be used. (e) Compliance with the standards expressed in this part 50-204 is not intended, and shall not be deemed to relieve anyone from any other obligation he may have to protect the health and safety of his employees, arising from sources other than the Walsh-Healey Public Contracts Act, such as State, local law or collective bargaining agreement. [34 FR 7946, May 20, 1969, as amended at 36 FR 9868, May 29, 1971]