1. #MC3O6. II. (For specific details and specifications please refer to the enclosed copy of correspondence dated March 7, from the Allentown District Office of Region III.) 8477(c)(3), which applies to any transaction and party in interest within the class of transactions and parties in interest specified in the exemption when the conditions of the exemption are satisfied. (a) General. Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications. In making this determination, the Department generally will take into account the amount of both the fiduciary's revenues and projected revenues for the current federal income tax year (including amounts received for preparing fiduciary reports) that will be derived from the party in interest or its affiliates relative to the fiduciary's revenues from all sources for the prior federal income tax year. What type of a safety relief valve should be required for low pressure tanks containing materials (i.e., styrene monomers) that present a potential clogging hazard when polymers may form in the tank vents? A portable tank meeting the requirements of DOT Spec 57 is in compliance with 29 CFR 1910.106(d)(2). 7. The circumstances of your on-going inspection, as described by your memorandum of March 23, 1988, have been evaluated. Regulations Relating to Labor, Chapter XXV. CFR Title 29 Section 1926.50 Medical services and first aid of the Electronic Code of Federal Regulations. (Ref. (b) Discriminatory actions prohibited. The mine operatorâs operating permits should be available at the mine site and at the local EPA office. Also, from time to time we update our guidance in response to new information. Do both paragraphs (b) and (d) of 29 CFR 1910.106 apply to portable tanks being utilized in unit physical operations? To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov. The specific requirements of the standard at 29 CFR 1910.106 need to be tempered by the current guidance of the NFPA 30-1987. (ii) Status of documents. (Ref. Marson Corp., Data Sheet No. MCA Data Sheet, SD-37, paragraph 18.104.22.168 and 5.2.). (Ref. It provides the requirements for rope descent systems including anchorages and use and requires that scaffolds used in general industry meet the requirements in 29 CFR part 1926, subpart L (Scaffolds). (h) A qualified appraisal report is any appraisal report that satisfies all of the requirements set forth in this subpart at § 2570.34(c)(4). 29 CFR § 2570.31 - Definitions. That May Apply at Mine Sites 19-18 October 2006 . Ionizing Radiation Standard (29 CFR 1910.1096) This standard applies to facilities that have an X-ray machine and requires: l A survey (evaluation) of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a â¦ Does this requirement mean at least one apprentice per program, or at least one per sponsor? The following questions have been posed regarding the applicability of portions of 29 CFR 1910.106: 1. chapter i - mine safety and health administration, department of labor parts 1 - 199: 30:2: mineral resources--volume 2: 30:2.0.1 chapter ii - bureau of safety and environmental enforcement, department of the interior parts 200 - 299: 30:2.0.2 chapter iv - geological survey, department of the interior parts 400 - â¦ to response No. OSHA requirements are set by statute, standards and regulations. VCH Data Sheet No. Should you have any questions, please contact Walt Siegfried of my staff. The emergency vent noted by your enclosure (Betts Industries, Inc., 16x10 PAF Manhole) is in compliance 1 since it opens fully at 5 psig to vent 180,000 Cu. Is OSHA Instruction STD 1-5.7 applicable to the operation described in the enclosed attachment? This checklist covers regulations issued by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) under the general industry standard 29 CFR 1910.253 and the construction standard 29 CFR 1926.350. This procedure apparently is beneficial to the parties involved in that it eliminates the need to dispose of a container that contained a hazardous material. Applicable portions of 1910.106(d) must be evaluated relative to the portable tanks observed. Does the fact that this tank complies with DDT specification 57, Tariff 15 DOT Regulations for Transportation of Hazardous Materials, bring it into compliance with paragraphs (a)(32) and (d)(2) of 29 CFR 1910.106? 29 CFR 1910.272(q)(8)(ii). Clarification of 29 CFR 1910.109 as it applies to two kinds of explosive devices used in steel mills. In making this determination, the Department generally will take into account the amount of both the appraiser's revenues and projected revenues for the current federal income tax year (including amounts received for preparing the appraisal report) that will be derived from the party in interest or its affiliates relative to the appraiser's revenues from all sources for the prior federal income tax year. (b) A class exemption is an administrative exemption, granted under section 408(a) of ERISA, section 4975(c)(2) of the Code, and/or 5 U.S.C. (c) The Administrator may initially obtain or supplement such information obtained on a voluntary basis by such means, including the holding of â¦ When the Administrator determines that a contractor has interfered with an employee's accrual or use of paid sick leave in violation of § 13.6(a), the Administrator will notify the contractor and the relevant contracting agency of the interference and request that the contractor remedy the violation. 8. 29 CFR Part 1915 Shipyard Employment standards include the building, repairing, and breaking (scrapping, disposal, recycling) of vessels, or a section of a vessel, without regard to geographical location. EPA promulgated the Coal Mining Effluent Guidelines and Standards (40 CFR Part 434) in 1975, and amended the regulation in 1976, 1977, 1979, 1982, 1985 and 2002.The regulation covers wastewater discharges from mine drainage, coal storage facilities, and coal preparation plants. Parts. If further information is needed please contact John McFee of my staff at FTS 596-1201. was designed in accordance with DOT Spec. 1-627-Rev. 4. ; the regulations of the Council on Environmental Quality, 40 CFR part 1500 et seq. Is it required that the portable tanks being used, as described in the enclosed attachment, comply with paragraphs (b)(4)(ii); (b)(4)(iii), and (b)(4)(iv)(c) of 29 CFR 1910.106; or. Absent facts and circumstances demonstrating a lack of independence, the Department will operate according to the presumption that such fiduciary will be independent if the revenues it receives or is projected to receive, within the current federal income tax year, from parties in interest (and their affiliates) to the transaction are not more than 2% of such fiduciary's annual revenues based upon its prior income tax year. Section 2-6 of NFPA 30-1987, Source of ignition and 1910.106 (e)(5) through (9) are applicable. No qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance. Field personnel are therefore advised that reference must be made to the guidance in the current consensus standards and the available safety data sheets when evaluating workplace hazards involving polyester resin. Davis-Bacon contract clauses required to be included in covered contracts are set forth at 29 CFR § 5.5 and regulatory definitions that apply in the administration and enforcement of DBRA labor standards are set forth at 29 CFR § 5.2. 10. 2. (j) A qualified independent fiduciary is any individual or entity with appropriate training, experience, and facilities to act on behalf of the plan regarding the exemption transaction in accordance with the fiduciary duties and responsibilities prescribed by ERISA, that is independent of and unrelated to any party in interest engaging in the exemption transaction and its affiliates; in general, the determination as to the independence of a fiduciary is made by the Department on the basis of all relevant facts and circumstances. (Ref. This letter constitutes OSHA's interpretation of the requirements discussed. Although the presumption does not apply when the aforementioned percentage exceeds 2%, a fiduciary nonetheless may be considered independent based upon other facts and circumstances provided that it receives or is projected to receive revenues that are not more than 5% within the current federal income tax year from parties in interest (and their affiliates) to the transaction based upon its prior income tax year. 9. Apprenticeship Final Rule: Title 29, CFR Part 29 Questions and Answers Q1: The new section on program performance standards [§ 29.6(a)] requires that every registered apprenticeship program must have at least one registered apprentice. 29 CFR § 825.111 - Determining whether 50 employees are employed within 75 miles. agencies pursuant to 29 CFR 5.5(a)(1)(ii). Application of 29 CFR 1910.106 to a Flammable Liquid Storage and Dispensing Operation During an ongoing inspection a CSHO encountered a flammable liquid storage and dispensing operation where it was not clear which portions of 29 CFR 1910.106 applied.
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