New York Construction Site Safety Code
PART 23
PROTECTION IN CONSTRUCTION, DEMOLITION
AND EXCAVATION OPERATIONS
(Statutory authority: Labor Law, §§27-a,
27, 29)
SUBPART 23-1
GENERAL PROVISIONS
23-1.1
Title and citation
23-1.2
Finding of fact
23-1.3
Application
23-1.4
Definitions
23-1.5
General responsibility of employers
23-1.6
Responsibility of employees
23-1.7
Protection from general hazards
23-1.8
Personal protective equipment
23-1.9
Drinking water and sanitation
23-1.10
Hand tools
23-1.11
Lumber and nail fastenings
23-1.12
Guarding of power-driven machinery
23-1.13
Electrical hazards
23-1.14
Temporary combustion devices
23-1.15
Safety railing
23-1.16
Safety belts, harnesses, tail lines and
lifelines
23-1.17
Life nets
23-1.18
Sidewalk sheds and barricades
23-1.19
Catch platforms
23-1.20
Chutes
23-1.21
Ladders and ladderways
23-1.22
Structural runways, ramps and platforms
23-1.23
Earth ramps and runways
23-1.24
Work on roofs
23-1.25
Welding and flame cutting operations
23-1.26
Lead fumes and dust from structural
steel
23-1.27
Mechanical, hydraulic and pneumatic
jacks
23-1.28
Hand-propelled vehicles
23-1.29
Public vehicular traffic
23-1.30
Illumination
23-1.31
Approval of materials and devices
23-1.32
Imminent danger - notice, warning and
avoidance
23-1.33
Protection of persons passing by
construction, demolition or excavation
operations
23-1.34
Severability
SUBPART 23-1
GENERAL PROVISIONS
Historical Note
Subpart (§§23-1.1 – 23-1.33) added,
filed May 30, 1972 eff. June 1, 1972.
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§ 23-1.1 Title and citation.
Within and for the purposes of the New
York State Department of Labor, this
Part (rule) may be known as "Industrial
Code Rule No. 23" relating to
"Protection in Construction, Demolition
and Excavation Operations" and may be
cited as "Rule 23" as an alternative and
without prejudice to its designation and
citation established by the Secretary of
State of the State of New York.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.2 Finding of fact.
The board finds that the trades and
occupations of persons employed in
construction, demolition and excavation
operations involve such elements of
danger to the lives, health and safety
of such persons and of persons lawfully
frequenting the areas of such activities
as to require special regulations for
their protection in that such persons
are exposed to the following:
(a) The hazards of falling and of
falling objects and materials.
(b) The hazards associated with the
operation of vehicles and of
construction, demolition and excavation
machinery and equipment.
(c) The hazards of fire, explosion and
electricity.
(d) The hazards of injury from the use
of and contact with dangerous tools,
machines and materials.
(e) The hazards incidental to the
handling and movement of heavy
materials.
(f) The hazards of exposure to the
elements and air contaminants.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
§ 23-1.3 Application.
This Part (rule) applies to persons
employed in construction, demolition and
excavation operations, to their
employers and to the owners, contractors
and their agents obligated by the Labor
Law to provide such persons with safe
working conditions and safe places to
work. This Part (rule) also applies to
persons lawfully frequenting the areas
of construction, demolition and
excavation operations. This Part (rule)
applies exclusively throughout the State
of New York notwithstanding any other
law or regulation, local or general.
Notes:
(1) See, however, section 23-1.13 of
this Part (rule) relating to electrical
hazards.
(2) Section 23-1.33 of this Part (rule)
does not apply to any city in the State
having a population of one million or
more persons.
Historical Note
Sec. filed May 30, 1972; amd. filed Jan.
31, 1975 eff. Feb. 1, 1975.
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§ 23-1.4 Definitions.
(a) General descriptive terms.
As used in this Part (rule), such
general terms as adequate, effective,
equal, equivalent, firm, necessary,
proper, safe, secure, substantial,
sufficient, suitable and other similar
terms when used to describe materials,
devices, structures, methods and
procedures required by this Part (rule)
shall mean that such materials, devices,
structures, methods and procedures shall
be of such kind and quality as a
reasonable and prudent man experienced
in construction, demolition and
excavation operations would require in
order to provide safe working conditions
for himself in the performance of such
work.
(b)Specific terms. As used herein or in connection with this Part (rule) the following terms mean:
(1) Acceptable.
Acceptable to the commissioner.
(2) Aerial basket. A
vehicle-mounted, power-operated device
with an articulating or telescoping work
platform designed for use at elevated
working positions.
(3) Approved. In
respect to a device, material or method:
in compliance with a subsisting
resolution of approval adopted by the
board. In respect to action by the
board: made the subject of a resolution
of approval. There are two kinds of
approval granted by the board as
follows:
(i) General approval.
An approval, either required or
voluntary, which is effective throughout
the State of New York.
(ii) Special approval.
An approval, either required or
voluntary, which is granted for a
particular device, material or method to
be used or operated only at the specific
location stated in the resolution of
special approval.
(4) Area. Any space,
either private or public, including a
road, street or sidewalk, which may be
affected by or subject to hazards from
construction, demolition or excavation
operations.
(5) Bearer. A
horizontal member of a scaffold which
supports the platform.
(6) Blasting area. An
area near any blasting operation in
which concussion or flying material or
debris resulting from a blast of
explosives can reasonably be expected to
cause injury to any person therein.
(7) Board. The Board
of Standards and Appeals of the State of
New York.
(8) Boatswain's chair.
A seat supported by rope slings attached
to a block and tackle or supported by a
powered hoisting unit designed to
accommodate one person in a sitting
position for vertical travel.
(9) Bricklayer's square scaffold.
A scaffold the platform of which is
composed of planks supported on built-up
squares secured to each other by
diagonal bracing.
(10) Catch platform.
A structure fabricated and mounted on an
exterior vertical wall of any building
or other structure and designed to catch
and hold falling objects or material
from upper working levels.
(11) Commissioner.
The Industrial Commissioner of the State
of New York or his duly authorized
representative.
(12) Competent.
Qualified by training and/or experience
to perform a particular task or duty.
(13) Construction work.
All work of the types performed in the
construction, erection, alteration,
repair, maintenance, painting or moving
of buildings or other structures,
whether or not such work is performed in
proximate relation to a specific
building or other structure and
includes, by way of illustration but not
by way of limitation, the work of
hoisting, land clearing, earth moving,
grading, excavating, trenching, pipe and
conduit laying, road and bridge
construction, concreting, cleaning of
the exterior surfaces including windows
of any building or other structure under
construction, equipment installation and
the structural installation of wood,
metal, glass, plastic, masonry and other
building materials in any form or for
any purpose.
(14) Dangerous air
contaminants. Air
contaminants in quantities tending to
injure the health of any person. Air
contaminants in quantities greater than
25 percent of the lower explosive level
of any substance, mixture or compound
which they may form.
(15) Dead load. The
load imposed on a structure by the
weight of all component parts which make
up such structure.
(16) Demolition work.
The work incidental to or associated
with the total or partial dismantling or
razing of a building or other structure
including the removing or dismantling of
machinery or other equipment.
(17) Designated person.
A person selected and directed by an
employer or his authorized agent to
perform a specific task or duty.
(18) Excavating machine.
A power-driven vehicle equipped to
excavate, push, grade or elevate earth,
rock or other material.
(19) Excavation work.
The removal of earth, rock or other
material in connection with construction
or demolition operations.
(20) Excavation, area-type.
An excavation having a bottom width
equal to or greater than twice the depth
of such excavation.
(21) Excavation, trench-type.
An excavation having a bottom width less
than twice the depth of such excavation.
(22) Extension ladder.
A nonself-supporting portable ladder
adjustable in length which consists of
two or more sliding sections traveling
in guides or brackets.
(23) Extension trestle ladder.
A self-supporting trestle ladder
provided with an adjustable vertical
sliding single ladder section having
parallel sides or rails.
(24) Heavy duty scaffold.
A scaffold designed and constructed to
carry a maximum live load of 75 pounds
per square foot, such as one intended
for stone masons and required to support
heavy materials in addition to the
workmen.
(25) Independent pole scaffold.
A scaffold supported from the ground,
floor or equivalent surface by a double
row of vertical poles, independent of
support from the walls of a building or
other structure, and which consists of
poles, ledgers, diagonal bracing,
horizontal platform bearers and a
platform.
(26) Job site. The
site of a project involving
construction, demolition or excavation
operations.
(27) Ladder jack scaffold.
A scaffold the platform of which is
supported by brackets or jacks attached
to the side rails of ladders.
(28) Ledger. A
horizontal scaffold member extending to
and forming a tie between the vertical
posts and which supports the putlogs or
bearers.
(29) Life net. An
approved life net made and used in
compliance with the provisions of this
Part (rule).
(30) Light duty scaffold.
A scaffold designed and constructed to
carry a maximum live load of 25 pounds
per square foot, such as one intended
for carpenters or painters and required
to support no load other than a small
weight of material or tools in addition
to the workmen.
(31) Live load. The
load imposed on a structure consisting
of the total weight of all loads
supported by such structure.
(32) Manually propelled mobile
scaffold. A portable rolling
scaffold supported by casters.
(33) Material platform hoist.
A power- or manually-operated suspended
platform operating in guide rails
attached to a tower or similar structure
used for raising or lowering material
exclusively and operated and controlled
from a point outside the conveyance.
(34) Medium duty scaffold.
A scaffold designed and constructed to
carry a maximum live load of 50 pounds
per square foot, such as one intended
for bricklayers or plasterers and
required to support no load other than a
moderate weight of material in addition
to the workmen.
(35) Multiple-point suspension
scaffold. A scaffold with a
continuous platform supported by three
or more beams or bearers the ends of
which are so suspended by wire rope from
an overhead support as to permit the
raising or lowering of the platform to a
desired position by manual or powered
means.
(36) Needle beam scaffold.
A scaffold consisting of a plank
platform supported by parallel
horizontal beams which are suspended by
ropes.
(37) Outrigger scaffold.
A scaffold the platform of which is
built upon outriggers or thrust-outs
projecting from the wall or exterior
face of a building or other structure
with the inboard ends of such supports
secured inside the building or other
structure.
(38) Personnel hoist.
A power-operated elevator the car of
which operates in guide rails supported
by an exterior tower or similar
structure or by an interior hoistway
within a building or other structure and
used primarily to carry persons to
elevated work areas during construction
or demolition operations.
(39) Persons lawfully
frequenting. Any person
exercising a lawful right of presence or
passage in any area, including persons
on a public sidewalk, street or highway.
(40) Power buggy. A
small self-powered vehicle operated by
one person and used solely for the
movement of materials on or about
construction, demolition or excavation
sites.
(41) Putlog. A
horizontal member of a single-pole
scaffold supported on one end by a
ledger and on the other end by the wall
of a building or other structure and
which supports the scaffold platform.
(42) Roofing bracket.
A bracket used in sloped roof
construction and having sharp points of
other means for securely fastening the
bracket to the roof in order to prevent
any person from slipping.
(43) Runner. A
horizontal member of a scaffold
extending the entire length of the
scaffold.
(44) Safety belt. An
approved safety belt provided and used
in accordance with the provisions of
this Part (rule).
(45) Scaffold. A
temporary elevated working platform and
its supporting structure including all
components.
(46) Sectional ladder.
A ladder consisting of two or more
individual sections so constructed that
the sections can be connected and
combined end to end to function as a
single ladder.
(47) Shall. The word
shall is always mandatory.
(48) Shoring, concrete.
A system of temporary supports, either
wood or metal, used to support the
weight of forms and uncured concrete.
(49) Shoring, excavation.
Temporary bracing used to support the
sides of an excavation to prevent their
collapse.
(50) Single ladder. A
nonself-supporting portable ladder,
nonadjustable in length, consisting of
but one section.
(51) Single pole scaffold.
A scaffold the platform of which rests
on putlogs or crossbeams, the outer ends
of which are supported on ledgers
secured to a single row of vertical
posts or uprights while the inboard ends
are supported on the top of a wall or
other structure or by means of openings
in a wall or other structure.
(52) Soil.
(i) Stiff cohesive soil. Soil which does
not crumble and which shows only slight
indentations with moderate finger
pressure. Such soils are generally stiff
silts and clays or glacial tills with a
relatively high content of plastic
fines.
(ii) Noncohesive soil.
Soil which crumbles by itself or under
slight finger pressure. Such soils are
generally silts, sands, gravels or
mixtures of these with little or no
plastic fines present.
(iii) Soft cohesive or
wet-flowing soils. Wet
sticky soil which can be molded with
slight finger pressure or wet
fine-grained granual soil which flows
under its own weight. Such soils are
either soft silts, clays, organic soils
or wet loose sands and/or silts.
(53) Stepladder. A
self-supporting portable ladder,
nonadjustable in length, having flat
steps or heavy duty rungs and a hinged
back.
(54) Stilts. A pair
of devices with foot and leg attachments
which are used to elevate a person above
a floor or equivalent surface in order
to perform work on walls and ceilings.
(55) Tower crane. A
crane design which utilizes a mast or
tower in a fixed vertical position for
supporting the operating boom. The three
elements of a tower crane are a
revolving superstructure, a base
mounting and a boom attachment and such
elements are varied for each tower crane
application.
(56) Trestle ladder.
A self-supporting portable ladder,
nonadjustable in length, consisting of
two sections which are hinged together
at the top to form equal angles with the
base.
(57) Tube and coupler scaffold.
A self-supporting scaffold constructed
of individual pieces of tubular metal,
pipe or other material of equivalent
strength forming vertical posts,
runners, bearers and diagonal bracing
and with all junction points fastened
together by means of approved couplers
or approved locking devices.
(58) Two-point suspension
scaffold. A scaffold of the
type commonly known as a painter's
scaffold or swing staging having a
platform supported by stirrups or
hangers at two points near the ends and
which is so suspended from overhead
supports as to permit the raising or
lowering of the platform to a desired
position either manually or by means of
power.
(59) Window jack. A
working platform for one person which is
supported by a bracket or jack which
projects through a window opening.
(60) Zone of demolition.
Any area in the immediate vicinity of a
demolition site where persons may be
injured from falling material or debris
or from the operation of demolition
machinery or equipment.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.5 General responsibility of employers.
These general provisions shall not be
construed or applied in contravention of
any specific provisions of this Part
(rule).
(a) Health and safety protection
required. All places where
employees are suffered or permitted to
perform work of any kind in
construction, demolition or excavation
operations shall be so constructed,
equipped, arranged, operated and
conducted as to provide reasonable and
adequate protection for the lives,
health and safety of such persons as
well as of persons lawfully frequenting
the area of such activity. To this end,
all employers, owners, contractors and
their agents and other persons obligated
by law to provide safe working
conditions, personal protective
equipment and safe places to work for
persons employed in construction,
demolition or excavation operations and
to protect persons lawfully frequenting
the areas of such activity shall provide
or cause to be provided the working
conditions, safety devices, types of
construction, methods of demolition and
of excavation and the materials, means,
methods and procedures required by this
Part (rule). No employer shall suffer or
permit an employee to work under working
conditions which are not in compliance
with the provisions of this Part (rule),
or to perform any act prohibited by any
provision of this Part (rule).
(b) General requirement of competency.
For the performance of work required by
this Part (rule) to be done by or under
the supervision of a designated person,
an employer shall designate as such
person only such an employee as a
reasonable and prudent man experienced
in construction, demolition or
excavation work would consider competent
to perform such work.
(c) Condition of equipment and
safeguards.
(1) No employer shall suffer or permit an employee to
use any machinery or equipment which is
not in good repair and in safe working
condition.
(2) All load-carrying equipment
shall be designed, constructed and
maintained throughout to safely support
the loads intended to be imposed
thereon.
(3) All safety devices, safeguards
and equipment in use shall be kept sound
and operable, and shall be immediately
repaired or restored or immediately
removed from the job site if damaged.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.6 Responsibility of
employees.
Every employee shall observe all the
provisions of this Part (rule) which
directly concern or affect his conduct.
He shall use the safety devices provided
for his personal protection and he shall
not tamper with or render ineffective
any safety device, safeguard or personal
protective equipment.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.7 Protection from general hazards.
(a) Overhead hazards.
(1) Every place where persons are
required to work or pass that is
normally exposed to falling material or
objects shall be provided with suitable
overhead protection. Such overhead
protection shall consist of tightly laid
sound planks at least two inches thick
full size, tightly laid three-quarter
inch exterior grade plywood or other
material of equivalent strength. Such
overhead protection shall be provided
with a supporting structure capable of
supporting a loading of 100 pounds per
square foot.
(2) Where persons are lawfully
frequenting areas exposed to falling
material or objects but wherein
employees are not required to work or
pass, such exposed areas shall be
provided with barricades, fencing or the
equivalent in compliance with this Part
(rule) to prevent inadvertent entry into
such areas.
(b) Falling hazards.
(1) Hazardous openings.
(i) Every hazardous opening into which a
person may step or fall shall be guarded
by a substantial cover fastened in place
or by a safety railing constructed and
installed in compliance with this Part
(rule).
(ii) Where free access into such an
opening is required by work in progress,
a barrier or safety railing constructed
and installed in compliance with this
Part (rule) shall guard such opening and
the means of free access to the opening
shall be a substantial gate. Such gate
shall swing in a direction away from the
opening and shall be kept latched except
for entry and exit.
(iii) Where employees are required to
work close to the edge of such an
opening, such employees shall be
protected as follows:
(a) Two-inch planking, full size, or
material of equivalent strength
installed not more than one floor or 15
feet, whichever is less, beneath the
opening; or
(b) An approved life net installed not
more than five feet beneath the opening;
or
(c) An approved safety belt with
attached lifeline which is properly
secured to a substantial fixed
anchorage.
(2) Bridge or highway overpass
construction.
(i) Approved safety belts shall be
provided for and used by persons
employed at elevations greater than 30
feet above land or water during bridge
or highway overpass construction or at
any elevation during structural or
construction work performed over
highways or railroads open to public
traffic.
(ii) Scaffolds, platforms or approved
life nets may be provided as
alternatives to approved safety belts.
When used, such alternatives shall be
installed not more than five feet below
the lower edge of the structural members
on or above which the persons to be
protected are working. Such scaffolds,
platforms or life nets shall be
installed and maintained at all times
when persons are working except when
such safety protection would interfere
with the placement of structural members
or assemblies, in which case approved
safety belts shall be worn.
(c) Drowning hazards. Where any person
is exposed to the hazard of falling into
water beneath his work location in which
he might drown, equipment for the prompt
rescue of such person from the water
shall be provided. Such equipment shall
consist of a manned boat of a size
suitable for the existing water
conditions and area. Such boat shall be
equipped with oars, with United States
Coast Guard approved life preservers,
with a life ring fastened to a line not
less than 50 feet in length and with a
boat hook. Such boat shall continuously
patrol the area beneath the work
location at all times when any person is
exposed to the falling and drowning
hazard.
(d) Slipping hazards. Employers shall
not suffer or permit any employee to use
a floor, passageway, walkway, scaffold,
platform or other elevated working
surface which is in a slippery
condition. Ice, snow, water, grease and
any other foreign substance which may
cause slippery footing shall be removed,
sanded or covered to provide safe
footing.
(e) Tripping and other hazards. (1)
Passageways. All passageways shall be
kept free from accumulations of dirt and
debris and from any other obstructions
or conditions which could cause
tripping. Sharp projections which could
cut or puncture any person shall be
removed or covered.
(2) Working areas. The parts of floors,
platforms and similar areas where
persons work or pass shall be kept free
from accumulations of dirt and debris
and from scattered tools and materals
and from sharp projections insofar as
may be consistent with the work being
performed.
(f) Vertical passage. Stairways, ramps
or runways shall be provided as the
means of access to working levels above
or below ground except where the nature
or the progress of the work prevents
their installation in which case ladders
or other safe means of access shall be
provided.
(g) Aircontaminated or oxygen deficient
work areas. The atmosphere of any
unventilated confined area including but
not limited to a sewer, pit, tank or
chimney where dangerous air contaminants
may be present or where there may not be
sufficient oxygen to support life shall
be tested by the employer, his
authorized agent or by a designated
person before any person is suffered or
permitted to work in such area. Such
testing shall be in accordance with the
provisions of Industrial Code Part
(rule) 12 relating to the "Control of
Air Contaminants" and such areas shall
be subject to the other pertinent
provisions of Industrial Code Part
(rule) 12 and of Industrial Code Part
(rule) 18 relating to "Exhaust Systems".
(h) Corrosive substances. All corrosive
substances and chemicals shall be so
stored and used as not to endanger any
person. Protective equipment for the use
of such corrosive substances and
chemicals shall be provided by the
employer.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.8 Personal protective equipment.
(a) Eye protection. Approved eye
protection equipment suitable for the
hazard involved shall be provided for
and shall be used by all persons while
employed in welding, burning or cutting
operations or in chipping, cutting or
grinding any material from which
particles may fly, or while engaged in
any other operation which may endanger
the eyes.
(b) Respirators. (1) General. Where this
Part (rule) requires a respirator to be
provided, the employer shall furnish and
the employee shall use an approved
respirator. Such respirator shall be
approved for the type of operation for
which it is to be used and for the
particular air contaminant present. The
employer shall maintain such respirator
in good repair and shall furnish the
means for its continued proper working
condition. The employer shall provide
daily inspection and cleaning and weekly
disinfecting of such respirators.
Respirators shall be disinfected before
being transferred from one person to
another. When not in use, respirators
shall be stored in closed containers.
(2) Air line respirators.
(i) The air supply line from an air
compressor to an air line respirator
shall be provided with a filter which
will effectively remove pipe scale,
water, oil mists and noxious vapors from
the compressed air.
(ii) The air supply line to an air line
respirator shall be provided with a
pressure regulating valve which shall be
present for the maximum pressure
specified by the manufacturer subject to
the following limitation: the specified
air pressure at the point of attachment
of the hose to the air supply system
shall not exceed 125 pounds per square
inch gage.
(iii) Air supplied to any type of air
line respirator shall be taken from a
source free from harmful contaminants.
(c) Protective apparel. (1) Head
protection. Every person required to
work or pass within any area where there
is a danger of being struck by falling
objects or materials or where the hazard
of head bumping exists shall be provided
with and shall be required to wear an
approved safety hat. Such safety hats
shall be provided with liners during
work in areas or at such times where the
temperature is below 55 degrees
Fahrenheit.
(2) Foot protection. Every person
required to work or pass in water, mud,
wet concrete or in any other wet footing
shall be provided with waterproof boots
having safety insoles or with pullover
boots or rubbers over safety shoes.
(3) Waterproof clothing. Every employee
required to work in rain, snow or
similar wetting conditions shall be
provided with a waterproof coat, pants
and hat. Such hat may be an approved
safety hat if required by this Part
(rule).
(4) Protection from corrosive
substances. Every employee required to
use or handle corrosive substances or
chemicals shall be provided with and
shall be required to wear appropriate
protective apparel as well as approved
eye protection.
(d) Cleanliness of personal protective
equipment. (1) All personal protective
equipment shall be kept clean and in
good repair. Before being transferred
from one employee to another, safety
hats, foul weather hats, boots and hat
and boot liners shall be washed or dry
cleaned.
(2) Goggles, glasses and welder's
shields shall be disinfected before
being transferred from one employee to
another.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.9 Drinking water and sanitation.
(a) Drinking water. There shall be
provided in readily accessible locations
on every construction, demolition or
excavation job site a supply of clean,
pure and cool drinking water. Such
drinking water shall be running water or
furnished in clean, covered receptacles.
The use of common drinking cups or
dippers is prohibited.
(b) Change houses. Where more than three
employees change their clothes on the
job site, properly ventilated and
illuminated change houses or other
equivalent sheltered structures shall be
provided. Such change houses or other
equivalent structures shall be of
sufficient size to accommodate all the
persons desiring to use such facilities.
During cold weather such change houses
or other equivalent structures shall be
heated to a temperature of at least 60
degrees Fahrenheit during any period of
use.
(c) Toilet facilities. (1) Toilet
facilities shall be provided or made
available in a sufficient number to
accommodate all employees on the basis
of at least one unit for every 30
persons or fraction thereof. Wherever
water and sewer connections are
available the toilet facilities shall
consist of water closets. Where such
water and sewer connections are not
available, approved chemical or
electrical toilets or acceptable privies
shall be provided. All toilet facilities
shall be maintained in a sanitary
condition.
(2) Where any female is employed on a
construction, demolition or excavation
job site, separate, clearly marked
toilet facilities shall be provided and
maintained in a sanitary condition.
(3) Accessibility of toilet facilities.
Toilet facilities shall be readily
available to all employees. In the
construction of buildings or other
structures such facilities shall be
located no more than four stories or 60
feet above or below, nor more than 500
feet travel on the same level, from the
work location of any person. In no case
shall toilet facilities be located more
than 1,000 feet from any work location
except in the cases of highway
construction and maintenance or the
installation and repair of utility
facilities in remote locations where
transportation to sanitary facilities
shall be provided by the employers. Such
toilet facilities shall be in compliance
with paragraphs (1) and (2) of this
subdivision.
(d) Washing facilities. Washing
facilities, including warm water, soap
and individual towels which may be of
the paper type, shall be provided for
all employees who are required to use or
handle corrosive substances, chemicals
or any other harmful substances on the
basis of at least one wash basin with
warm running water for every 10 such
employees. Where running water is not
available at least five gallons of
fresh, warm water and a wash basin shall
be supplied for every four such
employees.
(e) Sheltered facilities. All toilet and
washing facilities on construction,
demolition and excavation job sites
shall be sheltered and so enclosed as to
provide privacy for the users and
protection from insects, vermin and the
elements. Such facilities shall be
protected from any hazard from
machinery, equipment and falling objects
and materials.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
(a) Unpowered hand tools. Edged tools
shall be kept sharp and shall be
maintained free from burrs and
mushroomed heads. Split or loose tool
handles shall not be used.
(b) Electrical and pneumatic hand tools.
(1) Power shut-off requirements.
Electric and pneumatic hand tools shall
be disconnected from power sources and
the pressure in hose lines shall be
released before any adjustments or
repairs are made except for the
replacement of bits in electric drills.
Before disconnecting any air hose, the
air shall be shut off. Every electric
and pneumatic hand tool shall be
equipped with a cut-off switch within
easy reach of the operator.
(2) Electric and hose lines. Electric
and hose lines shall be guarded by
location or by covering to prevent
severe abrasion and to prevent any
tripping hazard.
(3) Grounding of electrical tools.
Electrically operated hand tools shall
be grounded during use. The ground wires
shall be connected to the frames of the
tools and the other ends shall be
properly grounded. Approved
double-insulated type portable hand
tools are exempt from this grounding
requirement.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.11 Lumber and nail fastenings.
(a) The lumber used in the
construction of equipment or temporary
structures required by this Part (rule)
shall be sound and shall not contain any
defects such as ring shakes, large or
loose knots or other defects which may
impair the strength of such lumber for
the purpose for which it is to be used.
(b) The lumber dimensions specified in
this Part (rule) are nominal or trade
size except as otherwise specifically
stated with the words "full size" and
except in the case of ladders.
(c) All nails shall be driven full
length and shall be of the proper size,
type, length and number to provide the
required strength at all joints. Only
double-headed or screw-type nails shall
be used in the construction of
scaffolds.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.12 Guarding of power-driven machinery.
(a) General. Power-driven machines
not specifically considered in this Part
(rule) shall be guarded in accordance
with the requirements of Industrial Code
Part (Rule No.) 19 relating to "Guarding
of Dangerous Machinery, Vats and Pans."
(b) Keys, set screws and similar
projections. All keys, set screws, bolts
and similar projections on shafts,
pulleys, gears, collars and couplings
and other revolving members, where such
projections are not countersunk or
protected by location from accidental
contact by persons, shall be guarded by
smooth, cylindrical safety sleeves
constructed of wood or metal which
completely surrounds each such
projection, or each such projection
shall be guarded by a stationary
enclosure of sheet metal, wire mesh,
expanded metal or other suitable
material. Any openings in such
enclosures shall reject a ball one-half
inch in diameter.
(c) Power-driven saws. (1) Every
portable, power-driven, hand-operated
saw which is not provided with a saw
table, except chain saws and circular
brush saws, shall be equipped with a
fixed guard above the base plate which
will completely protect the operator
from contact with the saw blade when the
saw is operating and with a movable
self-adjusting guard below the base
plate which will completely cover the
saw blade to the depth of the teeth when
such saw blade is removed from the cut.
Note: Electrically-driven portable saws
are also subject to the provisions of
section 23-1.10 of this
Part (rule).
(2) Every power-driven saw, other than a
portable saw, shall be equipped with a
guard which covers the saw blade to such
an extent as will prevent contact with
the teeth. In operation, such guard
shall rise automatically by pressure
from the material being cut or shall be
so adjusted that as the saw cuts the
material, the distance from the material
to the underside of the guard does not
exceed one-half inch. The exposed teeth
of the saw blade beneath the table shall
be effectively guarded. Every such saw
shall be provided with a cut-off switch
within easy reach of the operator
without his leaving the operating
position.
Exception: Any arm saw whose upper blade
half is enclosed and which is provided
with a front
blocking bar or rod is not required to
be guarded by the automatic rising
pressure guard.
(3) Every table circular saw used for
ripping shall be provided with a
spreader securely fastened in position
and with an effective device to prevent
material kickback.
(d) Sprockets and gears. Sprockets and
gears which are not protected by
location or design from accidental
contact by persons shall be completely
enclosed or shall be provided with band
guards which cover the periphery and
which have side flanges which extend
below the roots of the teeth.
(e) Belts, pulleys and flywheels. All
belts except conveyor belts and all
pulleys and flywheels which are less
than seven feet above the ground, floor,
working platform, runway or equivalent
surface where persons work or pass and
which are not protected by location from
accidental contact by persons, shall
have all moving parts guarded by
substantial enclosures or by safety
railings constructed and installed in
compliance with this Part (rule) which
will prevent persons from approaching
within a horizontal distance of 18
inches. Enclosures required by this Part
(rule) may be temporarily removed when
starting a machine or for machine
adjustment or maintenance, but shall be
replaced immediately thereafter.
(f) Friction-disc drives. Friction-disc
drives which are not guarded by design
or location from accidental contact with
any person shall be completely enclosed
or shall be provided with band guards
with side flanges.
(g) Wire rope. The nip points between
power winches or sheaves and wire ropes
shall be guarded by substantial
enclosures or by safety railings
constructed and installed in compliance
with this Part (rule).
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
(a) Operations subject to the
jurisdiction of the Public Service
Commission. None of the provisions of
this section shall apply to or in
connection with operations conducted by
employers, owners, contractors and their
agents subject to the jurisdiction of
the Public Service Commission.
(b) General. (1) Precautions. All power
lines and power facilities around or
near construction, demolition and
excavation sites shall be considered as
energized until assurance has been given
that they are otherwise by qualified
representatives of the owners of such
power lines or power facilities.
(2) Determination of voltages. Before
work is begun at any construction,
demolition or excavation site, the
employer shall determine the voltage
levels of all energized power lines and
power facilities around or near such
site. Where two or more voltages are
available at a job site, all electrical
equipment and circuits shall be
appropriately identified. Such
identification shall include voltage
level and phase.
(3) Investigation and warning. Before
work is begun the employer shall
ascertain by inquiry or direct
observation, or by instruments, whether
any part of an electric power circuit,
exposed or concealed, is so located that
the performance of the work may bring
any person, tool or machine into
physical or electrical contact
therewith. The employer shall post and
maintain proper warning signs where such
a circuit exists. He shall advise his
employees of the locations of such
lines, the hazards involved and the
protective measures to be taken.
(4) Protection of employees. No employer
shall suffer or permit an employee to
work in such proximity to any part of an
electric power circuit that he may
contact such circuit in the course of
his work unless the employee is
protected against electric shock by
de-energizing the circuit and grounding
it or by guarding such circuit by
effective insulation or other means. In
work areas where the exact locations of
underground electric power lines are
unknown, persons using jack hammers,
bars or other hand tools which may
contact such power lines shall be
provided with insulated protective
gloves, body aprons and footwear.
(5) Guarding of switches or other
circuit interrupting devices. If
protection for employees consists of
de-energizing circuits, employers shall
cause open switches or other circuit
interrupting devices to be guarded
against inadvertent closing until such
employees are no longer exposed.
(6) Notifying utility company. At least
five normal working days before work is
begun within 10 feet of any live
overhead power line or before any
excavation work is performed which might
contact or disturb a live underground
power line, the employer shall notify in
writing the utility whose power line may
be affected.
(7) Generators. Portable electric power
generators on any construction,
demolition or excavation job site shall
have the frames and one pole of the
electrical outputs grounded.
(8) Defective insulation. Any wiring
found to have cracked insulation or
insulation deteriorated in any other way
shall be immediately removed from
service and discarded.
(c) Temporary electric power circuits at
construction, demolition or excavation
job sites.
(1) Temporary electric wiring.
(i) All temporary wiring shall be
supported on proper insulators and not
looped over nails or brackets. No bare
wires or other unprotected
current-carrying parts shall be located
within eight feet above any surface
where persons may work or pass unless
completely guarded by a fence or other
barrier.
Exception: Where qualified persons must
make adjustments or measurements on an
electrical
device or circuit.
(ii) Electrical systems and
current-carrying equipment shall be
properly grounded except as provided for
blasting circuits in this Part (rule).
Where it is necessary to lay electrical
wiring on the ground, such wiring shall
be of the weather-proof type and heavy
enough to withstand the wear and abuse
to which it may be subjected. No
conductor shall be used to carry a
higher voltage than the manufacturer's
rating.
(iii) Elevated power lines shall have
sufficient vertical clearance where they
cross highways, access roads or areas
traveled by trucks, cranes, shovels or
other similar equipment. In no case
shall such vertical clearance be less
than 18 feet.
(iv) Fuses and other automatic cut-outs
shall not exceed a size that will cause
open circuits at points lower than the
carrying capacities of the protected
conductors or equipment or their
insulation.
(d) High-voltage power circuits (over
300 volts to ground) at construction,
demolition and excavation sites. (1) At
any construction, demolition or
excavation site where any person or
equipment is required to approach nearer
than 10 feet to any overhead energized
high-voltage power line or power
facility, such approach shall not be
made unless or until the following
procedure has been complied with:
(i) The owner of such power line or
power facility shall be notified in
writing by the employer that such an
approach is to be made.
(ii) In not more than one normal working
day following the receipt of such
written notice, the owner of the
high-voltage power line or power
facility shall advise and make
recommendations for the procedure to be
followed in performing any work nearer
than 10 feet to such power line or power
facility.
Exception: In an emergency situation
involving imminent danger to the life,
health or safety
of any person the employer is not
required to comply with this provision.
(iii) The employer shall follow the
procedure recommended by the owner of
the high-voltage power line or power
facility in performing any work within
10 feet of such power line or power
facility.
(2) The procedure outlined in
subparagraphs (i), (ii) and (iii),
above, shall be followed whenever any
excavation work is to be performed in
any area where underground high-voltage
power circuits are known or expected to
exist.
(3) Any equipment used on a
construction, demolition or excavation
site which could approach nearer than 10
feet of an energized electric power line
or power facility, located overhead or
underground, shall be effectively
grounded as follows:
(i) Any such equipment shall be provided
with a permanent clamp or other means
for convenient and effective attachment
to a grounding conductor.
(ii) The cable connecting the clamp to
the ground shall be equivalent to a No.
1 AWG or larger single conductor,
extraflexible, rope-stranded copper,
with 600-volt covering for abrasive
protection, and with terminal parts that
insure a proper connection with
hand-type screw clamps.
(iii) An effective ground for such
equipment shall be one having a measured
resistance of 25 ohms or less, or a
connection to a continuous underground
metallic water piping system.
(4) Any machinery or equipment used on a
construction, demolition or excavation
site which has a boom or similar moving
extension shall be provided with a
durable warning sign posted and
maintained in such a location as to be
clearly visible to the operator of such
machinery or equipment from his
operating position. Every such warning
sign shall bear the following legend in
black letters on a yellow background:
WARNING (Letters to be at least one-half
inch in height)
It is unlawful to operate this
equipment closer than 10 feet
of any energized high-voltage
electric power circuit. (Letters to be
at least one-quarter inch in height)
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.14 Temporary combustion devices.
(a) General requirements. (1) The use
of an open salamander, coke burner or
other device or receptacle of any kind
in which charcoal, coal or any other
fuel or combustible substance is burned
for any purpose is prohibited in any
enclosed area of any building or other
structure unless sufficient ventilation
is maintained in such enclosed area to
assure a safe atmosphere for breathing
and proper combustion.
(2) No tarpaulin or canvas covering
shall be located nearer than 10 feet
from a temporary combustion device
unless such covering has been treated
with flame retardant chemicals.
Tarpaulins and canvas coverings which
have been treated with flame-retardant
chemicals may be located not less than
four feet from a temporary combustion
device. Tarpaulins and canvas coverings
shall be securely fastened to prevent
contact with any temporary combustion
device.
(3) Temporary combustion devices shall
not be placed on any combustible floor,
platform or any other combustible
surface unless such surface is protected
or insulated for a minimum distance of
six feet in a horizontal direction from
the perimeter of the combustion device
on all sides. The minimum overhead or
side clearance from the combustion
device to any combustible material shall
be four feet.
Exception: The horizontal insulation
protection on a scaffold platform may be
limited to the width
of the scaffold platform provided there
are no combustible objects or materials
within six
feet horizontally in any direction from
the combustion device and that the other
pertinent
provisions of this section are complied
with.
(4) Temporary combustion devices shall
be provided with suitable base supports
or legs to prevent tipping.
(5) An approved fire extinguisher of a
suitable type shall be located on the
same floor or level and within 50 feet
of every temporary combustion device
being used. When a temporary combustion
device is used on any scaffold platform,
an approved fire extinguisher of a
suitable type shall be located on such
platform.
(6) Solid fuel heaters and oil-fired
salamanders are prohibited from use in
any building or other structure under
construction or from use on any
scaffold.
(b) Temporary combustion devices using
liquified gas. (1) General.
(i) After June 1, 1972 all combustion
devices used for temporary heating which
use liquified gas as fuel shall be
approved.
(ii) Liquified gas used as fuel in
temporary combustion devices shall
contain an agent which will give such
gas a distinctive and detectable odor.
(iii) Areas in which temporary
combustion devices fueled by liquified
gas are used shall have legible warning
signs affixed to every entrance to such
areas. Such signs shall be conspicuously
located so as to be readily visible to
persons approaching such areas. Such
signs shall bear the words, "DANGER –
FLAMMABLE GAS" in letters at least four
inches in height on a contrasting
background.
(iv) Temporary combustion devices
manufactured after June 1, 1972 shall be
provided with automatic cut-off devices
which will shut off the fuel supply in
the event of flame failure. Such cut-off
devices shall be installed at the
burners.
(v) A designated person shall be in
attendance on the job site at all times
when liquified gas combustion devices
are operating.
(2) Liquified gas cylinders and
containers.
(i) Cylinders and containers of
liquified gas used as fuel for the
heating of construction shanties,
sanitary facilities, field offices or
other temporary buildings or structures
on construction, demolition or
excavation sites shall be located
outside such buildings or other
structures.
Exception: Temporary combustion devices
specifically designed to be attached to
gas cylinders
or containers.
(ii) The use of cylinders or containers
of liquified gas having stored
capacities in excess of 1,000 pounds
each is prohibited in the interior of
any building or other structure. Where
such capacity cylinders or containers
are used, they shall be stored in
central areas outside of any building or
other structure. Such liquified gas
supply shall be located a distance of at
least 25 feet from any building or other
structure or from any combustible
material and shall be protected from the
sun and high temperatures.
(iii) Liquified gas cylinders or
containers not in use shall be stored or
placed at a distance of at least 25 feet
from any building or other structures or
from any combustible material and shall
be protected from the sun and high
temperatures. Each storage location
shall be provided with at least one
approved portable fire extinguisher of a
suitable type.
(iv) Liquified gas cylinders or
containers shall be raised or lowered
only in suitable cradles. The use of
ordinary slings for such purpose is
prohibited. No more than two cylinders
or containers shall be handled in a
cradle at one time.
(v) Liquified gas cylinders or
containers shall not be dropped or
thrown from any height.
(vi) Liquified gas cylinders or
containers, whether full, partially full
or empty, shall be securely fastened in
place in an upright position and
protected from any damage. Such
cylinders shall not be supported in the
areas of the valves or valve protectors.
Exception: In operations where such
cylinders must be placed in a horizontal
position, as in
the extraction of liquid.
(vii) The control valve of any liquified
gas cylinder shall be located at the
domed end of such cylinder. When not in
use, such control valve shall be
protected by its ring guard. A key,
wrench or hand wheel shall be maintained
on the spindle of every liquified gas
cylinder or container at all times
during use. The use of a control valve
at the combustion device as a sole means
of turning off the fuel supply is
prohibited.
(viii) Each liquified gas cylinder or
container shall be provided with a
pressure regulator or an automatic
pressure reducing device. Such regulator
or reducing device shall be located
between the cylinder or container and
the combustion device or distribution
manifold.
(ix) Valves, fittings, piping and other
accessories connected to a liquified gas
cylinder or between a cylinder and a
pressure reducing device shall be
designed to withstand the maximum
hydrostatic cylinder working pressure.
(3) Central station distribution. Where
temporary combustion devices use
liquified gas supplied from a central
station, the liquified gas distribution
shall be in accordance with the
following:
(i) Liquified gas shall be distributed
throughout the building or other
structure from the cylinder or container
area to the combustion devices in the
gaseous state by means of flexible or
rigid piping suitable for such use at a
pressure not exceeding 20 pounds per
square inch gage.
(ii) Such flexible or rigid branch
piping shall extend to a point not more
than 10 feet nor less than six feet from
any temporary combustion device.
(iii) Such piping shall be provided with
shut-off valves at each floor or
equivalent level take-off from the
riser, at each branch take-off and at
each final take-off.
(iv) The connections between the
flexible or rigid piping and the
temporary combustion devices shall be by
means of armored flexible hose. Such
hose shall be provided with metal screw
connectors which shall be maintained in
a tight condition.
(4) Use of individual liquified gas
cylinders or containers. Where each
temporary combustion device is supplied
with liquified gas from an individual
cylinder or container and a central
station distribution system is not used,
such use shall be in accordance with the
following:
(i) Each liquified gas cylinder or
container shall be securely fastened in
an upright position and protected from
any damage. Such cylinder shall not be
supported in the area of the valve or
valve protector.
(ii) Each liquified gas cylinder or
container shall be located a minimum
distance of six feet from any temporary
combustion device.
Exception: Any temporary combustion
device specifically designed to be
attached to a gas
cylinder or container.
(iii) Liquified gas cylinders or
containers shall be connected to
temporary combustion devices by means of
armored flexible hose not more than 10
feet nor less than six feet in length.
Exception: Any temporary combustion
device specifically designed to be
attached to a gas
cylinder or container.
(iv) Such armored flexible hose
connections shall be made by means of
metal screw connectors which shall be
maintained in a tight condition.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
Whenever required by this Part
(rule), a safety railing shall consist
as a minimum of an assembly constructed
as follows:
(a) A two inch by four inch horizontal
wooden hand rail, not less than 36
inches nor more than 42 inches above the
walking level, securely supported by two
inch by four inch vertical posts at
intervals of not more than eight feet.
(b) A one inch by four inch horizontal
midrail.
(c) A one inch by four inch toeboard
except when such safety railing is
installed at grade or ground level or is
not adjacent to any opening, pit or
other area which may be occupied by any
person.
(d) The hand rail of every safety
railing shall be smooth and free from
splinters and protruding nails.
(e) Other material or construction may
be used for safety railings required by
this Part (rule) provided such
assemblies have equivalent strength and
assure equivalent safety.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.16 Safety belts, harnesses, tail lines and lifelines.
(a) Approval required. Safety belts,
harnesses and all special devices for
attachment to hanging lifelines shall be
approved.
(b) Attachment required. Every approved
safety belt or harness provided or
furnished to an employee for his
personal safety shall be used by such
employee in the performance of his work
whenever required by this Part (rule)
and whenever so directed by his
employer. At all times during use such
approved safety belt or harness shall be
properly attached either to a securely
anchored tail line, directly to a
securely anchored hanging lifeline or to
a tail line attached to a securely
anchored hanging lifeline. Such
attachments shall be so arranged that if
the user should fall such fall shall not
exceed five feet.
(c) Instruction in use. Every employee
who is provided with an approved safety
belt or harness shall be instructed
prior to use in the proper method of
wearing, using and attaching such safety
belt or harness to the lifeline.
(d) Tail lines. The length of any tail
line shall be the minimum required in
order for an employee to perform his
work, but in no case shall be longer
than four feet. Such tail line shall be
attached to a hanging lifeline or to a
substantial structural member at a point
no lower than two feet above the working
platform or working level. Tail lines
shall be first grade manila or synthetic
fibre rope at least one-half inch in
diameter with a breaking strength of not
less than 4,000 pounds or shall be
fabricated of other approved materials.
(e) Lifelines. Any hanging lifeline
required by this Part (rule) shall be
not more than 300 feet in length from
the point of suspension to grade,
building setback or other surface. Every
hanging lifeline shall be securely
attached to a sufficient anchorage.
Every hanging lifeline shall be provided
with padding, wrapping, chafing gear or
similar means of protection from contact
with building edges or other objects
which may cut or abrade such lifeline.
Lifelines shall be fabricated of wire
rope at least five-sixteenths inch in
diameter or first grade manila or
synthetic fibre rope at least one-half
inch in diameter with a breaking
strength of not less than 4,000 pounds.
(f) Inspection and maintenance. (1)
Every safety belt, harness, tail line
and lifeline shall be inspected by a
designated person prior to each use.
Employers shall not suffer or permit any
employee to use any such equipment which
shows any indication of mildew, broken
fibre or fabric, excessive wear or any
other damage or deterioration which
could materially affect the strength of
such safety belts, harnesses, tail lines
or lifelines. Any such equipment found
to be unsafe shall be removed from the
job site.
(2) When not in use, safety belts,
harnesses, tail lines and lifelines
shall be stored in such areas and in
such a manner as to prevent their
deterioration and to protect them from
being damaged.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
(a) Approval required. Any life net
used in construction or demolition
operations shall be approved.
(b) Materials and construction. Approved
life nets shall be made of first grade
fibre cordage, woven fabric or synthetic
fibre and all such materials shall be
treated to render them fire resistant;
or such approved life nets shall be
constructed of wire rope. An approved
life net shall have a mesh not exceeding
four inches. The perimeter of every life
net shall be reinforced with
cloth-covered wire rope, manila rope or
synthetic fibre rope and shall be
equipped with properly sized padded
thimbles, sockets or equivalent approved
means of attachment to supports and
anchorages.
(c) Size, strength, location and
attachment of life nets. Every life net
or combination of life nets shall be of
sufficient size and strength to catch
and hold any person for whose protection
such net or combination of nets is being
used in case of a fall. Such net or
combination of nets shall be located so
as to completely cover the area of
possible fall. Every life net shall be
attached to sufficient anchorages or
supports outside of and beyond the area
of possible fall and shall be supported
at a height to prevent sagging which may
cause the net to strike or touch any
surface or object beneath when
cushioning the fall of any person.
(d) Maintenance. Every life net in use
shall be thoroughly dried before storage
and shall be stored in a dry location
which is protected from the elements.
Every life net shall be protected
against damage from mechanical devices,
acid or other corrosive substances or
from any other type of deterioration.
(e) Inspection. Every life net shall be
thoroughly inspected by a designated
qualified person before each
installation. A daily visual inspection
shall be made by a designated person of
every life net in use. Employers shall
not suffer or permit any installation or
use of any life net which shows any
indication of mildew, broken fibre or
fabric, excessive wear or any other
damage or deterioration which could
materially affect the strength of any
portion of such life net. Any life net
found to be unsafe shall be immediately
removed from the job site and not
returned for reuse unless properly
repaired.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.18 Sidewalk sheds and barricades.
(a) Sidewalk sheds. A sidewalk shed
constructed in accordance with the
provisions of this section shall be
required along any sidewalk or
thoroughfare where the following
conditions persist:
(1) Where any building or other
structure exceeding 40 feet in height
above and alongside of such sidewalk or
thoroughfare is to be erected.
(2) Where any building or other
structure exceeding 25 feet in height
above such sidewalk or thoroughfare is
to be demolished and the distance from
such sidewalk or thoroughfare to the
nearest point of such building or other
structure is one-half or less of the
height of such building or other
structure.
(3) Where during construction or
demolition operations, material or
debris is to be transported over such
sidewalk or thoroughfare, regardless of
the height of the building or other
structure being constructed or
demolished.
(b) Sidewalk shed construction. (1) The
deck and supporting structure of every
sidewalk shed shall be constructed to
sustain a live load of at least 150
pounds per square foot without breaking,
and if material is to be stored thereon
such deck and supporting structure shall
be constructed to sustain a live load of
not less than 300 pounds per square foot
without breaking. Every sidewalk shed
shall be so erected as to provide a
vertical clearance of not less than
seven and one-half feet at any point
above the walkway surface. Every
sidewalk shed shall have such width as
to allow the unimpeded passage of
pedestrians at all times but in no case
shall any sidewalk shed be less than
five feet wide.
(2) The outside edge and the ends of the
deck of every sidewalk shed shall be
provided with a substantial enclosure at
least 42 inches in height, consisting of
boards not less than one inch thick laid
close, or of screening formed of not
less than No. 16 U.S. gage steel wire
mesh with openings which will reject a
one and one-half inch diameter ball, or
of corrugated metal sheet of not less
than No. 22 U.S. gage or of exterior
grade plywood not less than one-half
inch thick.
(3) The deck of every sidewalk shed
shall consist of planks not less than
two inches thick full size laid tight.
Unless such deck is constructed solidly
against the face of the building or
other structure in such manner that no
material, debris or other objects can
fall on the sidewalk or other walkway
surface, the side of the shed toward the
building or other structure shall be
solidly fenced with a barricade for its
full height. Solid sliding or swinging
gates or doors may be provided for the
movement of men and materials.
(4) Metal or other materials of
equivalent strength and suitability may
be used in lieu of wood in the
construction of sidewalk sheds.
(5) Sidewalk sheds shall be provided
with illumination having an intensity of
not less than five-foot candles measured
at the walkway level to insure the safe
movement of persons.
(c) Barricades. (1) Along every sidewalk
or pedestrian thoroughfare where a
building or other structure is to be
constructed or demolished and where a
sidewalk shed is not required by this
Part (rule), there shall be erected a
substantial barricade to prevent
unauthorized persons from entering the
site of such operations.
(2) Such barricade shall be a fence or
equivalent barrier not less than six
feet in height. Such barricade shall be
of solid construction for its entire
height and length except for such
openings, provided with solid doors, as
may be necessary for the proper
performance of the work.
(3) Where the height of the building or
other structure to be constructed or
demolished is not more than 25 feet
above the ground, grade or equivalent
surface and where the distance from the
sidewalk or pedestrian thoroughfare to
the nearest point of such building or
other structure is more than one half of
the height of the building or other
structure, a substantial safety railing
constructed in compliance with this Part
(rule) may be installed at the inside
edge of such sidewalk or pedestrian
thoroughfare in lieu of such solid
barricade.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
(a) General. Catch platforms shall
not be used as working platforms,
walkways or for the storage of material.
(b) Catch platform construction. Catch
platforms where required by this Part
(rule) shall comply with the following:
(1) Every catch platform shall be at
least five feet wide and so inclined
that the outer edge is six inches higher
than the inner edge.
(2) If the supports of a catch platform
consist of outriggers, such outriggers
shall be at least two inches by 10
inches in size, set on edge and spaced
not more than eight feet apart. Such
outriggers shall be placed and anchored
in compliance with this Part (rule).
(3) The planking used in the
construction of catch platforms shall be
at least two inches thick full size and
shall be laid tight and nailed. Each
such plank shall lap its end supports by
at least 12 inches. Other materials of
equivalent strength may be used in lieu
of such planking.
(c) Catch platform enclosures. Except as
otherwise permitted by this Part (rule),
the open sides of catch platforms shall
be provided with a barricade or fence of
tight planking at least two inches
thick, exterior grade plywood at least
three-quarters inch thick or of No.18
U.S. gage wire screen mesh with openings
that will reject a ball one-half inch in
diameter. Every such enclosure shall be
at least 48 inches in height above the
platform with no opening between the
bottom of the enclosure and the
platform. Supports for a wood enclosure
shall be at least two inches by six
inches in cross-section and shall be
spaced not more than 10 feet apart,
center to center.
(d) Catch platform installation. Every
catch platform shall be so installed
that the inner edge of such catch
platform is flush with the wall of the
building or other structure on which it
is installed.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
(a) Chute enclosures. Wooden or metal
chutes used for the removal of material
and debris from elevated levels of a
building or other structure and which
are at an angle of more than 45 degrees
from the horizontal shall be entirely
enclosed on all sides and the top,
except for openings used for the
receiving and discharging of material
and debris. Such necessary openings
shall not exceed 48 inches in height,
measured along the wall of the chute,
and all openings shall be covered when
not in use. Chutes which are at an angle
of 45 degrees or less from the
horizontal may be open on the upper
side.
(b) Chute construction. Every chute more
than 24 inches in maximum inside
dimension shall be constructed of
planking at least two inches thick full
size, exterior grade plywood at least
three-quarters inch thick or sheet metal
at least three-sixteenths inch thick.
Every chute shall have a metal bottom
where the material or debris strikes the
chute and every chute shall be rigidly
supported throughout its height. A
substantial gate shall be constructed
and installed at the lower end of every
loading chute to control the loading of
material or debris into trucks and to
cover the chute opening at all other
times. Splash boards or baffles shall be
installed on every chute to prevent
materials or debris from rebounding onto
the street, sidewalk shed or any other
area adjacent to the discharge end of
the chute.
(c) Protection at chute openings. A
bumper or curb not less than four inches
by four inches in section shall be
provided at each chute opening where
such opening is level with or below the
level of the floor or platform. Every
space between the chute and the edge of
the opening in a floor or platform shall
be solidly planked.
(d) Danger signs. A sign reading,
"DANGER", shall be placed in a
conspicuous location at the discharge
end of every chute to warn persons
employed in or lawfully frequenting the
area of the chute of the potential
overhead danger. Lettering on such signs
shall be not less than six inches in
height with letter strokes not less than
three-quarters inch in width and shall
be of such color as will contrast with
the background.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.21 Ladders and ladderways.
(a) Approval required. Any metal or
fiberglass ladder which is 10 feet or
more in length shall be approved. Any
other ladder not named or described in
this Part (rule) shall not be used
unless approved.
(b) General requirements for ladders.
(1) Strength. Every ladder shall be
capable of sustaining without breakage,
dislodgment or loosening of any
component at least four times the
maximum load intended to be placed
thereon.
(2) Opaque protective coatings
prohibited. The use of an opaque
protective coating on any ladder is
prohibited.
(3) Maintenance and replacement. All
ladders shall be maintained in good
condition. A ladder shall not be used if
any of the following conditions exist:
(i) If it has a broken member or part.
(ii) If it has any insecure joints
between members or parts.
(iii) If it has any wooden rung or step
that is worn down to three-quarters or
less of its original thickness.
(iv) If it has any flaw or defect of
material that may cause ladder failure.
(4) Installation and use.
(i) Any portable ladder used as a
regular means of access between floors
or other levels in any building or other
structure shall be nailed or otherwise
securely fastened in place. Such a
ladder shall extend at least 36 inches
above the upper floor, level or landing
or handholds shall be provided at such
upper levels to afford safe means of
access to or egress from the ladder.
Such a ladder shall be inclined a
maximum of three inches for each foot of
rise.
(ii) All ladder footings shall be firm.
Slippery surfaces and insecure objects
such as bricks and boxes shall not be
used as ladder footings.
(iii) A leaning ladder shall be rigid
enough to prevent excessive sag under
expected maximum loading conditions.
(iv) When work is being performed from
ladder rungs between six and 10 feet
above the ladder footing, a leaning
ladder shall be held in place by a
person stationed at the foot of such
ladder unless the upper end of such
ladder is secured against side slip by
its position or by mechanical means.
When work is being performed from rungs
higher than 10 feet above the ladder
footing, mechanical means for securing
the upper end of such ladder against
side slip are required and the lower end
of such ladder shall be held in place by
a person unless such lower end is tied
to a secure anchorage or safety feet are
used.
(v) The upper end of any ladder which is
leaning against a slippery surface shall
be mechanically secured against side
slip while work is being performed from
such ladder.
(5) Wooden ladder rungs.
(i) Round ladder rungs shall be not less
than one and one-eighth inches in
diameter and oval rungs shall be of
equal strength. The tenons of rungs
shall be not less than seven-eighths
inch in diameter. All tenons shall fit
tightly into holes which shall either
extend through the side rails or be
bored so as to give at least
thirteen-sixteenths inch of bearing to
the tenons. In through-bore
construction, the tenons shall be flush
with the outside rail surface of the
ladder. All tenon holes shall be located
on the center lines of the wide faces of
the side rails. The shoulders of each
rung shall fit firmly against the side
rails and the tenons secured in place
with nails or the equivalent to prevent
the tenons from turning.
(ii) Rung spacing shall be uniform and
shall be not less than 12 inches nor
more than 14 inches, center to center.
(6) Ladder splicing. Ladders shall not
be spliced to increase their length
except that extension pieces may be
spliced to the upper ends of ladders for
use as handholds. Such extension pieces
shall not bear against the ladder
supporting object or structure.
(7) Limited use of metal ladders. Metal
ladders shall not be used or placed in
any location where they may come into
contact with any energized electric
power line, power facility or any
exposed electrical parts of apparatus or
equipment.
(8) Spreaders. All ladders with
spreading bases, such as step and
trestle ladders, shall be equipped with
locking type spreaders to hold such
bases rigid when in the open position.
(9) Placement of ladders in door
openings. Ladders shall not be placed in
door openings unless the doors are
securely fastened open, closed and
locked or otherwise effectively guarded
against swinging.
(10) Prohibited types of ladders. The
use of single pole (scaling) ladders or
rail type ladders where the rungs or
cleats are attached across the pole or
rail is prohibited.
(c) Single ladders. (1) Length. Rung or
cleat type ladders consisting of a
single section shall not exceed 30 feet
in length.
(2) Cleat type ladders.
(i) Materials. Wood used in the
construction of cleat type ladders shall
be thoroughly seasoned, free from sharp
edges and splinters and shall be sound.
The slope of the grain of side rails and
cleats shall be no greater than one in
15. Wood containing knots which
intersect the narrow faces of cleats and
side rails shall not be used. Wood
containing knots which intersect the
wide faces of cleats may be used
provided such knots are less than
one-quarter inch in diameter. Wood
containing knots which intersect the
wide faces of side rails may be used
providing such knots are less than
one-half inch in diameter, are located
at least one-half inch back from the
edges of the rails and are not more
frequent than one knot in every three
feet of rail length.
(ii) Construction.
(a) Cleats. The minimum size of cleats
shall be three-quarter inch by three
inches for cleat lengths up to and
including 20 inches and three-quarter
inch by three and three-quarter inches
for cleat lengths up to and including 30
inches. Cleats shall not exceed 30
inches in length and the maximum
vertical spacing between cleats measured
along the side rails shall not be less
than 12 inches nor greater than 14
inches, center to center. Cleats shall
be set into the side rails one-half inch
with a snug fit or they shall be braced
by filler blocks between the cleats,
(b) Side rails. The minimum size of side
rails shall be one and five-eighths
inches by three and five-eighths inches
for ladders up to and including 19 feet
in length and one and five-eighths
inches by five and five-eighths inches
for ladders greater than 19 feet in
length.
(d) Extension ladders and sectional
ladders. (1) Length. Extension ladders
shall consist of not more than three
sections and shall not exceed 60 feet in
length when fully extended. The maximum
working length from an extension ladder
shall be the length of the ladder minus
the minimum overlap. Minimum overlaps
shall be as follows:
Length of Ladder in Feet MinimumOverlap
in Feet
Up to and including 36 3
Over 36 up to and including 48 4
Over 48 up to and including 60 5
(2) Adjustment guides. The adjustment
guides of extension ladders shall be so
attached to the rails as to prevent the
upper sections from tipping or falling
out while in use or during adjustment.
Each upper section of any extension
ladder when extended shall be locked in
place by two automatic positive acting
locks.
(e) Stepladders. (1) Length. Stepladders
with side rails exceeding 20 feet in
length shall not be used.
(2) Bracing. Such bracing as may be
necessary for rigidity shall be provided
for every stepladder. When in use every
stepladder shall be opened to its full
position and the spreader shall be
locked.
(3) Stepladder footing. Standing
stepladders shall be used only on firm,
level footings. When work is being
performed from a step of a stepladder 10
feet or more above the footing, such
stepladder shall be steadied by a person
stationed at the foot of the stepladder
or such stepladder shall be secured
against sway by mechanical means.
(4) Prohibited use. Stepladders shall
not be used as supports for scaffold
planking.
(5) Stepladder construction.
(i) Width. The minimum clear width
between side rails at the top step of a
stepladder shall be 12 inches and such
width shall increase a minimum of one
inch per foot of length between the top
and bottom of the rails.
(ii) Tread depth. The depth of the steps
or treads of any stepladder shall be not
less than three inches.
(iii) Pail shelf. A pail shelf, if
provided on a stepladder, shall be
designed to fold completely within the
ladder.
(iv) Metal ladder steps. Metal ladder
steps of any stepladder shall be
corrugated, knurled, dimpled, coated
with skid-resistant materials or
otherwise constructed or treated to
minimize slipping.
(f) Ladderways. After June 1, 1972, any
ladderway exceeding 70 feet in height
shall be equipped with rest platforms
spaced at intervals not exceeding 35
feet. Where ladders are used in series
and where a danger of falling material
or debris exists, such ladders shall be
staggered, offset or so located as to
provide protection from such danger.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.22 Structural runways, ramps and platforms.
(a) Application. This section does
not apply to ramps constructed of earth,
gravel, stone or similar embankment
material.
(b) Runways and ramps. (1) All runways
and ramps shall be substantially
constructed and securely braced and
supported. Runways and ramps constructed
for use by motor trucks or heavier
vehicles shall be not less than 12 feet
wide for single lane traffic or 24 feet
wide for two lane traffic. Such runways
and ramps shall be provided with timber
curbs not less than 10 inches by 10
inches, full size timber, placed
parallel to, and secured to the sides of
such runways and ramps. The flooring of
such runways and ramps shall be
positively secured against movement and
constructed of planking at least three
inches thick full size or metal of
equivalent strength.
(2) Runways and ramps constructed for
the use of persons only shall be at
least 18 inches in width and shall be
constructed of planking at least two
inches thick full size or metal of
equivalent strength. Such surface shall
be substantially supported and braced to
prevent excessive spring or deflection.
Where planking is used it shall be laid
close, butt jointed and securely nailed.
(3) Runways and ramps constructed for
the use of wheelbarrows, power buggies,
hand carts or hand trucks shall be at
least 48 inches in width. Such runways
and ramps shall be constructed of
planking at least two inches thick full
size or metal of equivalent strength.
Such runways and ramps shall be
substantially supported and braced to
prevent excessive spring or deflection.
Where planking is used on such runways
and ramps, it shall be laid close, butt
jointed and securely nailed. Such
runways and ramps shall be provided with
timber curbs at least two inches by
eight inches full size, set on edge and
placed parallel to, and secured to, the
sides of such runways and ramps. Bracing
for such runways and ramps shall be
installed at a maximum of four foot
intervals.
(4) Any runway or ramp constructed for
the use of persons only which is located
at, or extends to, a height of more than
four feet above the ground, grade, floor
or equivalent surface shall be provided
with a safety railing constructed and
installed in compliance with this Part
(rule) on every open side.
(c) Platforms. (1) Any platform used as
a working area or used for the unloading
of wheelbarrows, power buggies, hand
carts or hand trucks shall be provided
with a floor of planking at least two
inches thick full size, exterior grade
plywood at least three-quarters inch
thick or metal of equivalent strength.
Platforms used for motor trucks or
heavier vehicles shall be provided with
floors of planking at least three inches
thick full size or metal of equivalent
strength.
(2) Every platform more than seven feet
above the ground, grade, floor or
equivalent surface shall be provided
with a safety railing constructed and
installed in compliance with this Part
(rule) on all sides except those used
for loading and unloading. Such sides
when used for the loading or unloading
of motor trucks or heavier vehicles
shall be protected by timber curbs at
least 10 inches by 10 inches full size
and when used for the loading or
unloading of wheelbarrows, power
buggies, hand carts or hand trucks such
sides shall be protected by timber curbs
at least two inches by eight inches full
size set on edge and secured to
platform.
Exception: The following platforms are
exempt from the safety railing or curb
requirements: platforms
of needle beam scaffolds; floats and
rivet heater platforms used by
structural ironworkers;
ladder jack scaffold platforms; and
trestle and extension trestle ladder
scaffold platforms.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.23 Earth ramps and runways.
(a) Construction. Earth ramps and
runways shall be constructed of suitable
soil, gravel, stone or similar
embankment material. Such material shall
be placed in layers not exceeding three
feet in depth and each such layer shall
be properly compacted except where an
earth ramp or runway consists of
undisturbed material. Earth ramp and
runway surfaces shall be maintained free
from potholes, soft spots or excessive
uneveness.
(b) Slope. Earth ramps and runways shall
have maximum slopes of one in four
(equivalent to 25 percent maximum
grades).
(c) Earth ramps and runways used by
motor trucks. Earth ramps and runways
constructed for use by motor trucks or
heavier vehicles shall be at least 12
feet in width if used only for single
lane traffic or shall be at least 24
feet in width if used for two lane
traffic. Such ramps and runways shall be
provided with timber curbing at least 10
inches by 10 inches full size securely
pinned to the ramps or runways by steel
rods, with beams at least two and
one-half feet in height or with
equivalent barriers along the sides.
(d) Earth ramps and runways used by
persons. Earth ramps and runways used by
persons with or without wheelbarrows,
power buggies, hand carts or hand trucks
shall be at least 48 inches in width.
Such ramps and runways more than four
feet above the adjacent ground, grade or
equivalent level shall be provided with
safety railings constructed and
installed in compliance with this Part
(rule). The total rise of any continuous
ramp or runway used by persons with or
without wheelbarrows, power buggies,
hand carts or hand trucks shall not
exceed 12 feet unless such rise is
broken by a horizontal section at least
four feet in length every 50 feet.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
(a) General requirements. 1) Roofing
brackets.
(i) Required use. Roofing brackets shall
be used whenever work is to be performed
on any roof having a slope steeper than
one in four inches unless crawling
boards or approved safety belts are used
in compliance with this Part (rule).
(ii) Roofing bracket construction.
Roofing brackets shall be constructed
and installed to fit the pitch of the
roof and when in use shall provide a
level working platform.
(iii) Roofing bracket installation.
Roofing brackets shall be secured in
place by nailing, by securely driving
into the roof the pointed metal
projections which are attached to the
undersides of roofing brackets or by
means of first grade manila rope or
synthetic fibre rope at least
three-quarters inch in diameter which is
passed over the ridge poles and tied.
(2) Crawling boards. (i) Crawling board
construction. Crawling boards shall be
at least 10 inches in width and one inch
in thickness. Each crawling board shall
be provided with cleats which are at
least one and one-half inches in width
by one inch in thickness. Such cleats
shall be spaced at equal intervals
across the full width of the board and
shall be firmly nailed. Cleat nails
shall be driven through and clinched or
shall be of the screw type. Crawling
boards shall extend from the ridge poles
to the eaves when used in connection
with roof construction, repair or
maintenance.
(ii) Crawling board installation.
Crawling boards shall be secured to a
roof by ridge hooks or equally effective
means.
(iii) Crawling board lifeline. A
lifeline in compliance with this Part
(rule) shall be strung beside each
crawling board.
(b) High and steep roofs. Where any work
is being performed in the construction,
repair or maintenance of any roof
without a parapet at least two and
one-half feet in height and such roof is
more than 20 feet in height measured
from the ground or grade level to the
exterior edge of the eaves and the slope
of such roof is greater than one in
four, a ground-supported scaffold in
compliance with this Part (rule) shall
be provided. Such scaffold shall be
installed beneath the work area with the
scaffold platform not more than two feet
below the exterior edges of the eaves of
the roof. Such scaffold shall be of
sufficient width to extend outward at
least two feet from the exterior roof
edge and the scaffold platform shall be
provided with a safety railing
constructed and installed in compliance
with this Part (rule). In addition,
persons performing such work shall be
protected against sliding by means of
roofing brackets or crawling boards
installed and used in compliance with
this Part (rule). Such roofing brackets
or crawling boards are not required in
cases where every employee engaged in
work on such roof is provided with and
used as approved safety belt or harness
securely attached to a lifeline in
compliance with this Part (rule).
(c) Protection of persons using roofing
machines. Where persons are using
roofing machines on any roof which does
not have a parapet at least three feet
in height installed around the perimeter
of such roof, protection from falling
shall be provided for such persons as
follows:
(1) If the work area extends to any edge
of the roof, such edge shall be provided
with a safety railing constructed and
installed in compliance with this Part
(rule) or a ground-supported scaffold in
compliance with this Part (rule) shall
be provided. Such scaffold shall be
installed the length of the work area
with the scaffold platform level with
the roof edge elevation. Such scaffold
shall be of sufficient width to extend
outward from the roof at least two feet.
The scaffold platform shall be provided
with a safety railing constructed and
installed in compliance with this Part
(rule) and the space between the
scaffold platform and the roof shall not
be more than six inches.
(2) If such work does not extend to any
roof edge, portable stanchions located
five feet in from the roof edge and
connected by ropes or chains shall be
provided. Such stanchions shall be
spaced so that the connecting ropes or
chains shall not be less than 36 nor
more than 48 inches above the roof
surfaces.
(d) Hot roofing material transporters,
also known as hot luggers. Closed
containers or devices used for
transporting molten roofing materials
from fill stations to the application
areas on roofs shall be equipped with at
least the following safety features in
order to minimize hazards to persons
caused by blowbacks of the molten
roofing materials:
(1) Existing transporters. On or before
January 1, 1973, every existing
transporter shall be equipped with the
following safety devices:
(i) The fill pipe cover shall be
provided with a safety latch designed
and installed to keep the cover in place
at all times except during filling
operations.
(ii) On top of every such transporter
remote from the fill pipe there shall be
installed an automatic venting device
designed to release any accumulation of
gas pressure. Such venting device shall
be inspected daily to assure proper
operation.
(2) New transporters. Every transporter
manufactured after January 1, 1973 shall
be equipped with the following safety
devices:
(i) The fill pipe cover shall be
provided with a safety latch designed
and installed to keep the cover in place
at all times except during filling
operations.
(ii) Every such transporter shall be
automatically vented or so constructed
as to prevent the accumulation of gas.
Every such transporter shall be
inspected daily to assure proper
operation.
(iii) Manufacturers of hot roofing
material transporters shall furnish
written operating and safety
instructions with every transporter.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.25 Welding and flame cutting operations.
(a) Compressed gas cylinders. (1)
Cylinder storage. Compressed gas
cylinders not in use shall be stored in
an upright position remote from open
flames, radiators and other sources of
heat, buildings or other structures and
from any combustible material and shall
be protected from the sun and high
temperatures or fire-resistant shields
shall be provided. Such cylinders shall
be so arranged or placed that they will
not be knocked over or damaged by
passing or falling objects, equipment or
materials. Cylinders containing oxygen
shall not be stored near cylinders
containing combustible gas, combustible
material, oil or grease or in other
areas where a spontaneous combustion
hazard exists. Cylinder valves shall be
closed at all times when not in use.
(2) Control valves and regulators. (i)
The control valve of any compressed gas
cylinder shall be located at the domed
end of such cylinder and when not in use
such control valve shall be protected by
a suitable cap or ring guard. A key or
wrench shall be maintained on the
spindle of every compressed gas cylinder
at all times during use.
(ii) Each compressed gas cylinder in use
shall be provided with a pressure
regulator or an automatic pressure
reducing device.
(3) Use. (i) Compressed gas cylinders
shall be raised or lowered only in
suitable cradles. The use of ordinary
slings for such purpose is prohibited.
(ii) Compressed gas cylinders shall not
be dropped or thrown from any height.
(iii) Compressed gas cylinders shall be
placed in an upright position when in
use.
(iv) During use each compressed gas
cylinder shall be securely fastened to a
stationary object unless other suitable
provision has been made to keep it from
falling over.
(v) During use a compressed gas cylinder
shall be located at least six feet from
any combustible material or from any
heating device.
(vi) Empty compressed gas cylinders
shall be immediately removed from
working areas and stored in designated
safe locations. The valves of such
cylinders shall be closed and tags or
signs indicating that such cylinders are
empty shall be attached thereto. The use
of compressed gas cylinders as rollers,
props or supports is prohibited.
(b) Hose and hose connections. (1) All
hose shall be first quality and of a
type manufactured for use on
construction or demolition job sites.
Hose used for oxygen cylinder
connections shall have fittings of a
different design that hose used for
compressed gas connections. Hose
connections shall be of either the
ferrule or clamp type. Hose shall be
capable of withstanding, without
leakage, a pressure equal to at least
twice the maximum delivery pressure of
the pressure regulators provided for the
system but not less than 300 pounds per
square inch gage.
(2) Hose shall be protected from damage
by trucks or other moving construction
or demolition equipment. Hose shall be
so placed when in use as not to
constitute a falling or tripping hazard.
All hose shall be carefully examined at
frequent intervals for leaks or for
signs of excessive wear, damage from
abrasion or any other deterioration.
Defective hose or hose connections shall
be immediately repaired or removed from
the job site.
(c) Torches. (1) Torches shall be
lighted only by means of friction
lighters or self-contained electric
spark igniters.
(2) When torches are changed or when
welding is halted for more than five
minutes, all cylinder valves shall be
closed.
(3) Momentary stoppages may be
controlled at the torch valves.
(d) Protection of persons. All persons
engaged in welding or flame-cutting
operations shall be provided where
necessary with proper scaffolds
installed and used in compliance with
this Part (rule). Such persons shall be
provided with approved eye protection
suitable for the work involved and
appropriate protective apparel. When arc
welding is performed near other persons,
such other persons shall be protected
from the arc rays by opaque screens or
by approved eye protection.
(e) Fire protection. (1) Oily and greasy
substances shall be kept away from the
areas where cylinders, hose and torches
are being used. Cylinder valves and
connections shall not be lubricated.
(2) Where there is a hazard to other
persons from flying particles of metal
there shall be provided suitable
incombustible screening installed
between the welding or flame-cutting
operations and such other persons.
(3) Whenever welding or flame-cutting
operations are performed in the vicinity
of any combustible material there shall
be provided, within easy reach of the
persons performing such work, at least
one approved fire extinguisher or fire
pail filled with an appropriate fire
extinguishing agent.
(f) Explosion hazard. Before any welding
or flame cutting is done on any tank or
container that contained any materials
which may generate a flammable vapor
upon the application of heat, all piping
connected to such tank or container
shall be disconnected or blanked off.
Any residual flammable material shall be
removed and the tank or container shall
be completely purged with a suitable
purging agent.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.26 Lead fumes and dust from structural steel.
(a) General. All hot riveting,
welding, flame cleaning and flame
cutting of structural steel or other
metal which has been coated with any
compound containing lead or with any
other substance which may create toxic
fumes when heated shall be performed in
the following manner.
(b) Hot riveting or welding. Where such
hot riveting or welding is to be
performed in confined spaces, the
contact surfaces, exterior surfaces and
the rivet holes of field joints to be
hot riveted shall be free from any
compound containing lead or from any
other substance which may create toxic
fumes when heated.
(c) Cleaning coated surfaces. (1)
Removal of paint from rivet holes shall
be performed by means of reaming or
other suitable method.
(2) All surfaces adjoining rivet holes
and surfaces subject to heat from
welding shall be so cleaned as to
prevent the creation of toxic and
noxious fumes during without or welding.
(3) Where cleaning is performed with a
torch, the person performing such
cleaning shall be provided with an
approved respirator. Where cleaning is
performed by mechanical means, such as
in scraping or grinding, the person
performing such work shall be provided
with an approved respirator.
(d) Flame-cleaning or flame-cutting
operations. Unless suitable local
exhaust ventilation is provided, all
persons performing flame-cleaning or
flame-cutting operations on metals that
have been coated with any compound
containing lead or any other substance
which may create toxic fumes when
heated, and all persons located within a
radius of 15 feet of such operations,
shall be provided with approved
respirators.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.27 Mechanical, hydraulic and pneumatic jacks.
(a) Capacity marking. The rated
capacity of every jack in pounds or tons
shall be legibly marked in a conspicuous
location on the jack by casting,
stamping, etching or other suitable
permanent means. Such marking shall not
affect the structural integrity of any
jack.
(b) Overtravel. Every jack shall be
provided with a positive stop to prevent
overtravel.
(c) Lubrication. Every jack shall be
maintained properly lubricated.
(d) Loads. When an object or structure
has been raised to a desired height by
means of a jack, such object or
structure shall be immediately blocked
or cribbed.
(e) Use. The use of any jack shall be at
all times under the direct supervision
of a designated person.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.28 Hand-propelled vehicles.
(a) Maintenance. Hand-propelled
vehicles shall be maintained in good
repair. Hand-propelled vehicles having
damaged handles or any loose parts shall
not be used.
(b) Wheels and handles. Wheels of
hand-propelled vehicles shall be
maintained free-running and well secured
to the frames of the vehicles. Buggy
handles shall not extend beyond the
wheels on either side.
(c) Buggy counterbalance. Loose weights
shall not be hung on buggy handles as
counterbalances. When counterbalance
weights are used, they shall be fastened
securely to the buggy handles.
(d) Curbing. Curbing at least six inches
in height shall be provided along edges
over which material or debris is dumped
from a hand-propelled vehicle to a lower
level.
(e) Storage. When not in use,
hand-propelled vehicles shall be stored
in locations away from passageways and
work areas.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.29 Public vehicular traffic.
(a) Whenever any construction,
demolition or excavation work is being
performed over, on or in close proximity
to a street, road, highway or any other
location where public vehicular traffic
may be hazardous to the persons
performing such work, such work area
shall be so fenced or barricaded as to
direct such public vehicular traffic
away from such area, or such traffic
shall be controlled by designated
persons.
(b) Every designated person authorized
to control public vehicular traffic
shall be provided with a flag or paddle
measuring not less than 18 inches in
length and width. Such flag or paddle
shall be colored fluorescent red or
orange and shall be mounted on a
suitable hand staff. Such designated
person shall be stationed at a proper
and reasonable distance from the work
area and shall face approaching traffic.
Such person shall be instructed to stop
traffic, whenever necessary, by
extending the traffic flag or paddle
horizontally while facing the traffic.
When traffic is to resume, such
designated person shall lower the flag
or paddle and signal with his free hand.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.30 Illumination.
Illumination sufficient for safe working
conditions shall be provided wherever
persons are required to work or pass in
construction, demolition and excavation
operations, but in no case shall such
illumination be less than 10 foot
candles in any area where persons are
required to work nor less than five foot
candles in any passageway, stairway,
landing or similar area where persons
are required to pass.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.31 Approval of
materials and devices.
Application may be made to the board for
the approval of any device, apparatus,
material, equipment or method which may
be used in compliance with the intent of
this Part (rule) and approval by the
board shall be deemed to authorize such
use.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
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§ 23-1.32 Imminent danger – notice, warning and avoidance.
Where noncompliance with a provision of this Part (rule) causes or tends to cause imminent danger to a person employed in construction, demolition or excavation work and written notice thereof is given by the commissioner to the appropriate employer, owner, contractor or his agent, such person shall either (a) at once effect compliance sufficiently to end the danger, or (b) unless the commissioner does such posting or tagging on his behalf, forthwith post the dangerous area or tag the dangerous device or material with suitable posters or signs warning of the danger and forbidding unauthorized entry into the area or unauthorized use of the device or material, and shall maintain such posters or signs until the danger has been ended. While such noncompliance exists no employer shall suffer or permit any person employed by him to enter or be within an area or to use a device or material as to which he has received such a notice of imminent danger, or which is so posted or tagged, except to effect compliance with this Part (rule). No unauthorized person shall remove such poster or sign.
Historical Note
Sec. added, filed May 30, 1972 eff. June
1, 1972.
Top^
§ 23-1.33 Protection of
persons passing by construction,
demolition or excavation operations.
[Additional statutory authority: Labor
Law, §§200, 241, 241-a, 242]
Note: Pursuant to section 241(8) of the
Labor Law, this section does not apply
to any city in the
State of New York having a population of
one million or more persons.
(a) Protection required. (1)
Reasonable and adequate protection and
safety shall be provided for all persons
passing by areas, buildings or other
structures in which construction,
demolition or excavation work is being
performed. In addition, such protection
and safety shall also be provided for
persons passing by unattended
excavations, such as sump holes,
trenches, shafts, wells, pits and
similar excavations. Such protection and
safety shall be provided in accordance
with the provisions of this Part (rule).
(2) Every area, building or other
structure where construction, demolition
or excavation work is being performed
shall be so constructed, shored,
equipped, guarded, arranged, operated
and conducted as not to endanger any
person passing by on any sidewalk,
street, highway or other public or
private thoroughfare.
(3) The means, methods, procedures,
devices or structures used to provide
such protection and safety shall include
but not be limited to railings, fences,
barricades, sheeting and shoring,
sidewalk sheds, temporary walkways and
temporary roadways. Such means, methods,
procedures, devices or structures shall
be selected to provide the required
protection and safety in accordance with
the particular hazard or hazards
involved.
(b) Pedestrian protection. (1) Existing
thoroughfares.
(i) Where pedestrians use an existing
public sidewalk or other public
thoroughfare which is adjacent to an
area, building or other structure where
construction, demolition or excavation
work is being performed, the side of
such existing thoroughfare which is next
to or faces toward the work shall be
protected or guarded. Such protection
shall be at least 36 inches in height
above the walking surface and shall be
substantially constructed, installed and
maintained in accordance with the
provisions of this Part (rule).
(ii) Where any such existing
thoroughfare is endangered by falling
objects or materials, a sidewalk shed or
other overhead protection shall be
installed and maintained in accordance
with the provisions of this Part (rule).
(iii) Where any such existing
thoroughfare is endangered from both
sides, protection or guarding shall be
provided for both sides.
(iv) Where a vehicle crossing interrupts
any such thoroughfare, clearly legible
signs shall be posted in conspicuous
locations warning pedestrians of such
crossing. In addition, any vehicle
intending to cross such thoroughfare
shall come to a complete stop and shall
not proceed until:
(a) pedestrians using such thoroughfare
have been warned by either a flagman or
other designated person, a pedestrian
light control or by an audible signal;
and
(b) the driver of the vehicle is assured
that no pedestrian is in his path.
(2) Temporary walkways. (i) Where an
existing sidewalk or other public
thoroughfare is interrupted by the work
being performed, a temporary walkway at
least four feet in width shall be
constructed and maintained in accordance
with the provisions of this paragraph.
(ii) Such temporary walkways shall be
protected on both sides for their entire
length or on one open side if the other
side is against a wall or building. If
endangered by falling objects or
materials, every such walkway shall be
provided with overhead protection in
accordance with the provisions of this
Part (rule).
(iii) The walking surface of every such
temporary walkway shall be compacted,
free from tripping hazards and so
constructed as to permit adequate
drainage. If planking is used on the
surface of any such walkway, it shall be
of uniform thickness, shall be laid
parallel to the length of the walkway
and shall be fastened together to
prevent displacement.
(iv) Any temporary walkway located in a
street, highway or other public
thoroughfare used by vehicles shall be
provided with adequate signs,
reflectors, flashing lights or other
warning devices which will provide
sufficient warning to vehicle operators.
(3) Elevated temporary walkways. (i)
Every temporary walkway elevated to a
height of more than four feet above the
ground or equivalent surface and which
is more than 10 feet in length shall be
designed by a professional engineer or
registered architect licensed to
practice in the State of New York and
shall be installed in accordance with
such design.
(ii) Every elevated temporary walkway
shall be designed and installed to carry
a minimum live load of 125 pounds per
square foot of surface.
(iii) The surface of every elevated
temporary walkway shall be smooth, firm,
free from tripping hazards and so
constructed as to permit adequate
drainage. If planking is used on the
surface of any such walkway, it shall be
of uniform thickness, shall be laid
parallel to the length of the walkway
and shall be fastened together to
prevent displacement.
(iv) Both sides of every elevated
temporary walkway shall be provided with
safety railings or equivalent protection
in accordance with the provisions of
this Part (rule). Where one side of any
such walkway is against a wall or
building, only the open side shall be
required to be so protected.
(v) Every stairway leading to or from an
elevated temporary walkway shall be
substantially constructed and rigidly
braced. The treads shall be constructed
of wood planks not less than two inches
by 10 inches nominal size while the
risers shall be not more than eight
inches in height. Every such stairway
shall be at least four feet in width
and, if more than five feet in width,
provided with an intermediate or center
stringer. Both sides of every such
stairway having more than four risers
shall be provided with smooth handrails
which are free from splinters and which
shall be located at least 30 inches but
less than 40 inches in height above the
nose of any tread.
(vi) Where ramps are used in lieu of
stairways in connection with elevated
temporary walkways, such ramps shall be
constructed, installed and maintained in
accordance with the provisions of this
Part (rule).
(c) Vehicular protection. (1) Whenever
any construction, demolition or
excavation operation is to be performed
adjacent to, over or in a street,
highway or other public or private
thoroughfare where vehicular traffic is
passing, such work area shall be
barricaded or otherwise guarded to
protect such traffic.
(2) The closing of streets, roads,
highways or other public thoroughfare
where vehicular traffic is passing shall
be in accordance with and the approval
of the local authorities having
jurisdiction.
(3) Where flagmen are used to control
public vehicular traffic at any such
work site, such control shall be in
accordance with the provisions of this
Part (rule).
(4) Where a temporary roadway is
designated or constructed, adequate
warning signs, flashing lights, flagmen
or other means shall be provided to
indicate clearly the paths of vehicular
travel.
(5) If a temporary roadway is designed
for two-way traffic, traffic lanes shall
be clearly indicated by barriers,
painted markings or other equivalent
means.
(6) Where any temporary roadway is
adjacent to an excavation, the side of
the roadway so adjacent shall be guarded
by timber curbs not less than 10 inches
by 10 inches in size, full size timber,
which are substantially anchored or
guarded by barriers of equivalent
strength.
(7) Where any temporary roadway is
constructed of an earthen embankment and
such roadway is intended for use for a
period of more than five working days,
the surface shall be constructed of
suitable gravel, stone or similar
material. Such material shall be
adequately tamped and the surface shall
be free from potholes, soft spots and
excessive bumps.
(8) Any structural temporary roadway
elevated to a height of four feet or
more above the ground or equivalent
surface and which is 10 feet or more in
length shall be designed by a
professional engineer or registered
architect licensed to practice in the
State of New York and shall be
constructed in accordance with such
design.
(d) Maintenance. (1) Existing and
temporary walkways shall be maintained
free from obstructions, tripping
hazards, snow, sleet, ice and
accumulations of water, dirt or dust and
of any other material or objects.
(2) Temporary roadways shall be
maintained free from ice, snow and
excessive accumulations of dust and
water. The surfaces of such roadways
shall be maintained firm, reasonably
even and free from bumps and potholes.
Exception: Such maintenance shall not be
required for any temporary roadway which
is part of a street,
highway or other public thoroughfare.
(e) Illumination. (1) Temporary walkways
and the surfaces beneath sidewalk sheds
shall be provided with illumination of
at least five foot candles.
Note: Where normal street lighting
provides adequate illumination,
additional sources of illumination
are not required.
(2) Temporary roadways shall be provided
with sufficient illumination or
reflectorized delineators so as to
clearly indicate the side barriers or
guardrails and the path or paths of
travel.
(f) Protection from associated hazards.
(1) Where welding or cutting operations
are being performed adjacent to any
public thoroughfare, such operations
shall be shielded from public exposure
by an opaque screen.
(2) Where spray painting, sand blasting
or steam cleaning operations are being
performed adjacent to a public
thoroughfare which may be exposed to
spray mists or flying particles, such
operations shall be shielded from public
exposure by canopies, tarpaulins or
other substantial coverings.
(3) Where any demolition operation is
being performed, public thoroughfares
shall be established and maintained well
outside the zone of demolition in
accordance with the provisions of this
Part (rule).
(4) Where any material is stored
adjacent to a public thoroughfare,
material piles shall be maintained
stable and of such size that falling or
shifting material will not endanger
persons using the thoroughfare.
(5) Temporary service lines such as hose
lines, electrical wiring, cables, ropes,
piping and similar lines which cross
public thoroughfares shall be so located
or guarded that they will not constitute
tripping hazards for pedestrians nor
obstructions for vehicular traffic.
Where such service lines are suspended
they shall be located at least eight
feet above the ground or equivalent
surface where pedestrians are passing
and at least 18 feet in height above the
ground or equivalent roadway surface
where vehicles are passing.
Historical Note
Sec. filed May 30, 1972; renum. 23-1.34,
new filed Jan. 31, 1975 eff. Feb. 1,
1975.
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§ 23-1.34 Severability.
If any provision of this Part (rule) or
the application thereof to any person or
circumstance is held invalid, such
invalidity shall not affect other
provisions or applications of this Part
(rule) which can be given effect without
the invalid provisions or applications
and to this end the provisions of this
Part (rule) are declared to be
severable.
Historical Note
Sec. added by renum. 23-1.33, filed Jan.
31, 1975 eff. Feb. 1, 1975.
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