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Title 29Subtitle BChapter XVIIPart 1915 → Subpart A


Title 29: Labor
PART 1915—OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT


Subpart A—General Provisions


Contents
§1915.1   Purpose and authority.
§1915.2   Scope and application.
§1915.3   Responsibility.
§1915.4   Definitions.
§1915.5   Incorporation by reference.
§1915.6   Commerical diving operations.
§1915.7   Competent person.
§1915.8   OMB control numbers under the Paperwork Reduction Act.
§1915.9   Compliance duties owed to each employee.

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§1915.1   Purpose and authority.

The provisions in this part constitute safety and health regulations issued by the Secretary pursuant to section 41 of the Longshoremen's and Harbor Workers' Compensation Act, as amended (33 U.S.C. 941) and occupational safety and health standards issued by the Secretary pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655).

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§1915.2   Scope and application.

(a) Except where otherwise provided, the provisions of this part shall apply to all ship repairing, shipbuilding and shipbreaking employments and related employments.

(b) This part does not apply to matters under the control of the United States Coast Guard within the scope of Title 52 of the Revised Statutes and acts supplementary or amendatory thereto (46 U.S.C. secs. 1-1388 passim) including, but not restricted to, the master, ship's officer, crew members, design, construction and maintenance of the vessel, its gear and equipment; to matters within the regulatory authority of the United States Coast Guard to safeguard vessels, harbors, ports and waterfront facilities under the provisions of the Espionage Act of June 17, 1917, as amended (50 U.S.C. 191 et seq.; 22 U.S.C. 401 et seq.); including the provisions of Executive Order 10173, as amended by Executive Orders 10277 and 10352 (3 CFR, 1949-1953 Comp., pp. 356, 778 and 873); or to matters within the regulatory authority of the United States Coast Guard with respect to lights, warning devices, safety equipment and other matters relating to the promotion of safety of lives and property under section 4(e) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333).

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§1915.3   Responsibility.

(a) The responsibility for compliance with the regulations of this part is placed upon “employers” as defined in §1915.4.

(b) This part does not apply to owners, operators, agents or masters of vessels unless such persons are acting as “employers.” However, this part is not intended to relieve owners, operators, agents or masters of vessels who are not “employers” from responsibilities or duties now placed upon them by law, regulation or custom.

(c) The responsibilities placed upon the competent person herein shall be deemed to be the responsibilities of the employer.

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§1915.4   Definitions.

(a) The term shall indicates provisions which are mandatory.

(b) The term Secretary means the Secretary of Labor.

(c) The term employer means an employer, any of whose employees are employed, in whole or in part, in ship repairing, shipbuilding, shipbreaking or related employments as defined in this section on the navigable waters of the United States, including dry docks, graving docks and marine railways.

(d) The term employee means any person engaged in ship repairing, shipbuilding, shipbreaking or related employments on the navigable waters of the United States, including dry docks, graving docks and marine railways, other than the master, ship's officers, crew of the vessel, or any person engaged by the master to repair any vessel under 18 net tons.

(e) The term gangway means any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel including accommodation ladders, gangplanks and brows.

(f) The term vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.

(g) For purposes of §1915.74, the term barge means an unpowered, flat bottom, shallow draft vessel including scows, carfloats and lighters. For purposes of this section, the term does not include ship shaped or deep draft barges.

(h) For purposes of §1915.74, the term river tow boat means a shallow draft, low free board, self-propelled vessel designed to tow river barges by pushing ahead. For purposes of this section, the term does not include other towing vessels.

(i) The term shipyard employment means ship repairing, shipbuilding, shipbreaking and related employments.

(j) The terms ship repair and ship repairing mean any repair of a vessel including, but not restricted to, alterations, conversions, installations, cleaning, painting, and maintenance work.

(k) The term shipbuilding means the construction of a vessel including the installation of machinery and equipment.

(l) The term shipbreaking means any breaking down of a vessel's structure for the purpose of scrapping the vessel, including the removal of gear, equipment or any component part of a vessel.

(m) The term related employment means any employment performed as an incident to or in conjunction with ship repairing, shipbuilding or shipbreaking work, including, but not restricted to, inspection, testing, and employment as a watchman.

(n) The term hazardous substance means a substance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritant, or otherwise harmful is likely to cause injury.

(o) The term competent person for purposes of this part means a person who is capable of recognizing and evaluating employee exposure to hazardous substances or to other unsafe conditions and is capable of specifying the necessary protection and precautions to be taken to ensure the safety of employees as required by the particular regulation under the condition to which it applies. For the purposes of subparts B, C, and D of this part, except for §1915.35(b)(8) and §1915.36(a)(5), to which the above definition applies, the competent person must also meet the additional requirements of §1915.7.

(p) The term confined space means a compartment of small size and limited access such as a double bottom tank, cofferdam, or other space which by its small size and confined nature can readily create or aggravate a hazardous exposure.

(q) The term enclosed space means any space, other than a confined space, which is enclosed by bulkheads and overhead. It includes cargo holds, tanks, quarters, and machinery and boiler spaces.

(r) The term hot work means riveting, welding, burning or other fire or spark producing operations.

(s) The term cold work means any work which does not involve riveting, welding, burning or other fire or spark producing operations.

(t) The term portable unfired pressure vessel means any pressure container or vessel used aboard ship, other than the ship's equipment, containing liquids or gases under pressure, excepting pressure vessels built to Department of Transportation regulations under 49 CFR part 178, subparts C and H.

(u) The term powder actuated fastening tool means a tool or machine which drives a stud, pin, or fastener by means of an explosive charge.

(v) For purposes of §1915.97, the term hazardous material means a material which has one or more of the following characteristics:

(1) Has a flash point below 140 °F., closed cup, or is subject to spontaneous heating;

(2) Has a threshold limit value below 500 p.p.m. in the case of a gas or vapor, below 500 mg./m.3 for fumes, and below 25 m.p.p.c.f. in case of a dust;

(3) Has a single dose oral LD50 below 500 mg./kg.;

(4) Is subject to polymerization with the release of large amounts of energy;

(5) Is a strong oxidizing or reducing agent;

(6) Causes first degree burns to skin in short time exposure, or is systemically toxic by skin contact; or

(7) In the course of normal operations, may produce dusts, gases, fumes, vapors, mists, or smokes which have one or more of the above characteristics.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]

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§1915.5   Incorporation by reference.

(a) Specifications, standards, and codes of agencies of the U.S. Government, to the extent specified in the text, form a part of the regulations of this part. In addition, under the authority vested in the Secretary under the Act, the specifications, standards, and codes of organizations which are not agencies of the U.S. Government, in effect on the date of the promulgation of the regulations of this part as listed below, to the extent specified in the text, form a part of the regulations of this part.

(b)(1) The standards listed in this section are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, OSHA must publish a document in the Federal Register and the material must be available to the public.

(2) Any changes in the standards incorporated by reference in this part and an official historic file of such changes are available for inspection in the Docket Office at the national office of the Occupational Safety and Health Administration, U.S. Department of Labor, Washington, DC 20210; telephone: 202-693-2350 (TTY number: 877-889-5627).

(c) Copies of standards listed in this section and issued by private standards organizations are available for purchase from the issuing organizations at the addresses or through the other contact information listed below for these private standards organizations. In addition, the standards are available for inspection at any Regional Office of the Occupational Safety and Health Administration (OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3508, Washington, DC 20210; telephone: 202-693-2350 (TTY number: 877-889-5627). These standards are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of these standards at NARA, telephone: 202-741-6030, or go to www.archives.gov/federalregister/cfr/ibr-locations.html.

(d)Except as noted, copies of the standards listed in this paragraph (d) are available for purchase from the American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://www.ansi.org.

(1) ANSI A14.1-1975 Safety Requirements for Portable Wood Ladders, IBR approved for §1915.72(a)(6).

(2) ANSI A14.2-1972 Safety Requirements for Portable Metal Ladders, IBR approved for §1915.72(a)(4).

(3) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection of Abrasive Wheels, IBR approval for §1915.134(c)

(4) ANSI Z41-1999, American National Standard for Personal Protection—Protective Footwear; IBR approved for §1915.156(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://www.nsc.org.

(5) ANSI Z41-1991, American National Standard for Personal Protection—Protective Footwear; IBR approved for §1915.156(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://www.nsc.org.

(6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, Approved April 13, 2010; IBR approved for §1915.153(b). Copies are available for purchase from:

(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/;

(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or

(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com.

(7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, approved June 19, 2003; IBR approved for §1910.153(b). Copies available for purchase from the:

(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/;

(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or

(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com.

(8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and Educational Eye and Face Protection, Reaffirmation approved January 4, 1999; IBR approved for §1910.153(b). Copies are available for purchase from:

(i) American National Standards Institute's e-Standards Store, 25 W 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; Web site: http://webstore.ansi.org/;

(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or

(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; telephone: (877) 699-9277; Web site: http://techstreet.com.

(9) American National Standards Institute (ANSI) Z89.1-2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for §1915.155(b)(1)(i). Copies of ANSI Z89.1-2009 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.

(10) American National Standards Institute (ANSI) Z89.1-2003, American National Standard for Industrial Head Protection; IBR approved for §1915.155(b)(1)(ii). Copies of ANSI Z89.1-2003 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.

(11) American National Standards Institute (ANSI) Z89.1-1997, American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for §1915.155(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.

(12) ANSI/IESNA RP-7-01, Recommended Practice for Lighting Industrial Facilities, ANSI approved July 26, 2001, IBR approved for §1915.82(a)(3).

(13) ANSI/ISEA Z308.1-2009, Revision of ANSI Z308.1-2003, Minimum Requirements for Workplace First Aid Kits and Supplies, ANSI approved May 8, 2009, IBR approved for §1915.87 Appendix A.

(e) The following material is available for purchase from the American Society of Mechanical Engineers, 345 East 47th Street, New York, New York 10017:

(e)(1) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963, IBR approved for §1915.172(a).

(2) [Reserved]

(f) The following material is available for purchase from the American Conference of Governmental Industrial Hygienists (ACGIH), 1014 Broadway, Cincinnati, OH 45202:

(f)(1) Threshold limit values, 1970, IBR approved for §§1915.12(b) and 1915.1000, table Z.

(i) The following material is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101:

(1) NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services, IBR approved for 1915.505(e)(3)(v).

(2) NFPA 1971-2000, Standard on Protective Ensemble for Structural Fire Fighting, IBR approved for §1915.505(e)(4)(ii).

(3) NFPA 1976-2000, Standard on Protective Ensemble for Proximity Fire Fighting, IBR approved for §1915.505(e)(5).

(4) NFPA 1982-1998, Standard on Personal Alert Safety Systems (PASS), IBR approved for §1915.505(e)(6)(ii).

(5) NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components, IBR approved for §1915.505(e)(7)(i).

(6) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR approved for §§1915.507(b)(1) and (b)(2).

(7i) NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems, IBR approved for §§1915.507(b)(2) and (d)(1).

(8) NFPA 72-2002 National Fire Alarm Code, IBR approved for §1915.507(c)(6).

(9) NFPA 13-2002 Standard for the Installation of Sprinkler Systems, IBR approved for §1915.507(d)(2).

(10) NFPA 750-2003 Standard on Water Mist Fire Protection Systems, IBR approved for §1915.507(d)(2).

(11) NFPA 25-2002, Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, IBR approved for §1915.507(d)(2).

(12) NFPA 15-2001, Standard for Water Spray Fixed Systems for Fire Protection, IBR approved for §1915.507(d)(3).

(13) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam, IBR approved for §1915.507(d)(3).

(14) NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems, IBR approved for §1915.507(d)(4).

(15) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing Systems, IBR approved for §1915.507(d)(5).

(16) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing Systems, IBR approved for §1915.507(d)(5).

(17) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing Systems, IBR approved for §1915.507(d)(5).

(18) NFPA 1403-2002, Standard on Live Fire Training Evolutions, IBR approved for §1915.508(d)(8).

(2) [Reserved]

(g) Copies of the standards listed in this paragraph (g) are available for purchase from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http://www.astm.org:

(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR approved for §1915.156(b)(1)(i).

(2) ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear; IBR approved for §1915.156(b)(1)(i).

(h) The following material is available from the International Labour Organization (ILO), 4 route des Morillons, CH-1211 Genève 22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41 (0) 22 798 8685; website: www.ilo.org/.

(1) Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational safety and health series; 22 (Rev.2011), IBR approved for §1915.1001.

(2) [Reserved]

[61 FR 26359, May 24, 1996, as amended at 67 FR 44541, July 3, 2002; 69 FR 18803, Apr. 9, 2004; 69 FR 55702, Sept. 15, 2004; 71 FR 60846, Oct. 17, 2006; 74 FR 46357, Sept. 9, 2009; 76 FR 24698, May 2, 2011; 77 FR 37598, June 22, 2012; 81 FR 16090, Mar. 25, 2016; 84 FR 21555, May 14, 2019]

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§1915.6   Commerical diving operations.

Commerical diving operations shall be subject to subpart T of part 1910, §§1910.401-1910.441 of this chapter.

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§1915.7   Competent person.

(a) Application. This section applies to shipyard employment.

(b) Designation. (1) One or more competent persons shall be designated by the employer in accordance with the applicable requirements of this section, unless the requirements of subparts B, C, D and H of this part are always carried out by a Marine Chemist. Exception: The employer may designate any person who meets the applicable portions of the criteria set forth in paragraph (c) of this section as a competent person who is limited to performing testing to the following situations:

(i) Repair work on small craft in boat yards where only combustible gas indicator tests are required for fuel tank leaks or when using flammable paints below decks;

(ii) Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required;

(iii) The breaking of vessels where there is no fuel oil or other flammable hazard; and

(iv) Tests and inspections performed to comply with §§1915.35(b)(8) and 1915.36(a)(5).

(2)(i) The employer shall maintain either a roster of designated competent persons or a statement that a Marine Chemist will perform the tests or inspections which require a competent person.

(ii) The employer shall make the roster of designated persons or the statement available to employees, the employee's representative, the Director or the Assistant Secretary upon request.

(iii) The roster shall contain, as a minimum, the following:

(A) The employers' name,

(B) The designated competent person's name(s), and

(C) The date the employee was trained as a competent person.

(c) Criteria. The employer shall ensure that each designated competent person has the following skills and knowledge:

(1) Ability to understand and carry out written or oral information or instructions left by Marine Chemist, Coast Guard authorized persons and Certified Industrial Hygienists;

(2) Knowledge of subparts B, C, D and H of this part;

(3) Knowledge of the structure, location, and designation of spaces where work is done;

(4) Ability to calibrate and use testing equipment including but not limited to, oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and to interpret accurately the test results of that equipment;

(5) Ability to perform all required tests and inspections which are or may be performed by a competent person as set forth in subparts B, C, D and H of this part.

(6) Ability to inspect, test, and evaluate spaces to determine the need for further testing by a Marine Chemist or a Certified Industrial Hygienist; and

(7) Ability to maintain records required by this section.

(d) Recordkeeping. (1) When tests and inspections are performed by a competent person, Marine Chemist, or Certified Industrial Hygienist as required by any provisions of subparts B, C, D, or H of this part, the employer shall ensure that the person performing the test and inspection records the location, time, date, location of inspected spaces, and the operations performed, as well as the test results and any instructions.

(2) The employer shall ensure that the records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. The records shall be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.

(3) The employer shall ensure that the records are available for inspection by the Assistant Secretary, Director, and employees and their representatives.

[59 FR 37856, July 25, 1994]

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§1915.8   OMB control numbers under the Paperwork Reduction Act.

The following sections or paragraphs contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed.

29 CFR citation OMB control No.
1915.11-1915.161218-0011
1915.831218-0259
1915.871218-0259
1915.881218-0259
1915.891218-0259
1915.1131218-0220
1915.152(b)1218-0215
1915.152(e)1218-0215
1915.159(d)1218-0215
1915.160(d)1218-0215
1915.1721218-0220
1915.501(d)1218-0248
1915.502(a)1218-0248
1915.502(b)1218-0248
1915.502(c)1218-0248
1915.502(d)1218-0248
1915.504(a)1218-0248
1915.505(a)1218-0248
1915.505(b)1218-0248
1915.505(d)1218-0248
1915.506(b)1218-0248
1915.507(c)1218-0248
1915.508(a)1218-0248
1915.508(b)1218-0248
1915.508(c)1218-0248
1915.508(d)1218-0248
1915.508(e)1218-0248
1915.508(f)1218-0248
1915.10011218-0195
1915.10031218-0085
1915.10041218-0084
1915.10061218-0086
1915.10071218-0083
1915.10081218-0087
1915.10091218-0089
1915.10101218-0082
1915.10111218-0090
1915.10121218-0080
1915.10131218-0079
1915.10141218-0088
1915.10151218-0044
1915.10161218-0081
1915.10171218-0010
1915.10181218-0104
1915.10241218-0267
1915.10251218-0092
1915.10261218-0252
1915.10271218-0185
1915.10281218-0129
1915.10301218-0180
1915.10441218-0101
1915.10451218-0126
1915.10471218-0108
1915.10481218-0145
1915.10501218-0184
1915.10531218-0266
1915.11201218-0065
1915.12001218-0072
1915.14501218-0131

[61 FR 5509, Feb. 13, 1996, as amended at 62 FR 33547, June 20, 1997; 63 FR 13340, Mar. 19, 1998; 70 FR 13371, Mar. 21, 2005; 71 FR 38086, July 5, 2006; 77 FR 19, Jan. 3, 2012; 81 FR 48710, July 27, 2016; 83 FR 9703, Mar. 7, 2018]

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§1915.9   Compliance duties owed to each employee.

(a) Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation.

(b) Training. Standards in this part requiring training on hazards and related matters, such as standards requiring that employees receive training or that the employer train employees, provide training to employees, or institute or implement a training program, impose a separate compliance duty with respect to each employee covered by the requirement. The employer must train each affected employee in the manner required by the standard, and each failure to train an employee may be considered a separate violation.

[73 FR 75587, Dec. 12, 2008]

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